Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-10
Miseellaasuas 8eaains.
THE STATE GOVERNMENT.
Governor Biease Transmits Message
DISCUSSING Constitution.


Discussing Constitution.
Governor Blease on Tuesday trans
mitted to the general assembly the
following which is Message No. IL:
To the Honorable the General Assem-
bly, of the State of South Carolina.
Gentlemen: The constitution of our
state creates three separate and dis
tincts heads of this government, the
judicial department, the legislative de-
partment and the executive depart
ment.
In my opinion, the executive depart
ment has no legal right or authority
to dictate to the judicial department,
or to the legislative department; the
judicial department has no right or
the executive department or to the
legislative department; the legislative
department has the right to pass laws,
which all of the citizens, from the
highest to the lowest, should obey; but
in my opinion it has no right 10 die
tate to or command the executive de-
partment or the judicial department.
The chief executive is elected by ma
jority of all the people Of the state;
the legislative, by majority Of county
only, and the judicial by the legisla-
tive department.; consequently, each Is
independent of the other; each, under
the constitution, Is separate and dis
tinct, and should forever remain so.
At the same time, each department
should do it's duty and endeavor to up
hold and support the other; and 1 feel
that when either department attempts
to encroach upon the other, and the
same comes within my knowledge as
your chief executive, it Is my duty, II
you are in session, to call your atten-
ton to it, in order that, If there has
been an error, you may be given the
opportunity to correct it and keep
down any conflict between the differ
ent departments.
Section 6, article 5, of the constitu-
tion of 1895, reads as follows:
mo Judge shall preside at the trial
of any cause in the event Of which he
may be interested, or when either OF
the parties shall be connected with
him by affinity or consanguinity, with
in such degrees as may be prescribed
by law, or in which he may have been
counsel or have presided in any infer
ior court. In case all or any of the JUS
tices Of the supreme court shall be
thus disqualified, or be otherwise pre-
vented from presiding in any cause or
causes, the court or the justices there
of shall certify the same to the gov
nor of the state, and he shall imme-
diately commission, especially, the req-
uisite number of men learned in the
thereof. The same course shall be
pursued in the circuit and inferior
courts as is prescribed in this section
for cases of the supreme court. The
general assembly shall provide by law
for the temporary appointment Of men
learned in the law to hold either spe-
cial or regular terms of the circuit
courts whenever there may be neces-
sity for such appointments"
/ call your particular attention to the
sentence, THE same course shall be
pursued In the circuit and inferior
courts as is prescribed in this section
for cases Of the supreme court" Why
was this sentence incorporated into
this section? What does that sentence
mean? This section clearly gives the
governor, and him alone, the power to
appoint, and the power to commission,
and holds him, and him alone, respon-
sible for the acts and doings of the
one whom he commissions; and, go
holding him, it certainly would not be
right and was not intended that some
one else should dictate as to whom he
should commission. Then, should such
a construction be placed upon this Sec
ton as to require him to appoint or to
commission one whom he does not, for
very good and sufficient reasons, de-
sire to commission, or one whom, in his
opinion, is not competent to fill the po-
stion for which he is recommended?
True, the section goes further and
says, THE general assembly shall
provide by law for the temporary ap-
pointment of men learned in the law to
hold either special or regular terms OF
the circuit court whenever there may
be necessity for such appointments
Just above that is specifically pre-
scribed that the same course shall be
pursued in the circuit and inferior
courts as is prescribed in this section
for cases of the supreme court" Now
which is to govern? In my opinion, the
first sentence. The second related to
and means when they shall be appoint
ed; but, as to why they shall be APP
appointed, and under what circum-
stances they shall he appointed; but
as to who shall he appointed the first
sentence clearly and distinctly states
and makes it plain.
If the constitution had intended that
any other than the governor should
name the party, why was it provided
that the same course should be pur-
sued and why was it not provided for
the supreme court to recommend all
for the supreme court as well as for
the circuit court, and why was the
first sentence inserted? If the general
assembly upon the construction of the
last sentence can prescribe as to how
the circuit and inferior court vacan-
cies are to be filled, why can it not
go further back and prescribe that the
governor shall appoint to the supreme
bench in case of vacancy, upon the
recommendation of some other person
or persons?
In calling this to your attention.
beg leave to say that in my opinion
after a careful study into this matter
and investigation of authority, section
2743, volume /, Code of Laws Of South
Carolina, is unconstitutional insofar as
it prescribes, "and in the event that
there he no other circuit Judge dis
engaged, then the governor upon the