The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-11
SAVES MS FACE.
GOV. BLEAsE SENDS MESSAGE TO
LEGISLATURE.
Criticises Law as to Appointment OF
Special Judges.--wants Position
Sastaincd.-Thinks Act Is I'm Con-
hict With Constitution and Suggests
Change Bcii V Made.

Columbia. Feb. Stalking the po-
sition that the judicial department of
State has no right to dictate to the
executive department and discussing
constitutional requirements as to the
appointment OF special judges in gem
eral. Gov. Blease yesterday sent a
special message to the general assem-
bly,. The message was received as
Information. He gives in the mes
sage what he thinks OF the constitu-
tional requirements. The message was
sent as a result OF the recent compli-
cation between Gov. Blease and the
supreme court In the matter OF the
appointment of James F. ]. Caldwell
OF Newberry as special Judge for
Richland county. Mr.. Caldwell de-
clined to serve and Judge Watts was
named.
\ The special message. which Is No.
, IL. Is as follows:
Gentlemen: The constitution of
distinct heads OF this government. o
judicial department. the legislative
department and the executive depLs T.
ment.
In my opinion, the executive de-
partm9nt has no legal right or 81
thorily to dictate to the judicial ae-
partment. or to the legislative depart.
ment: the judicial department has
no right or authority to command or
dictate to the executive department
or 10 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 II has no
right TO dictate to OF command the
| executive department or the judicial
department. The chief executive is
elected by "A majority of all the peo-
pie Of the State; the legislative, by
majority OF "A county only, and the
judicial BY the legislative department; !;
consequently. each Is independent Of
the other; each. under the constitu-
ton. In separate and distinct. and
should forever remain so. At the
same time. each department should
do It's duty and endeavor to uphold
and support the other. and feel that
when either department attempts %
} encroach upon the other. and the
same comes within my knowledge as
yoGs chief executive. g. IS my duty. II
your are In session. 90 call your atteu-
ton TO II. In order that. IL there has
been an error. you may be given the
opportunity to correct II and keep
| down any conflict between the differ
ent departments.
The Constitution. y
Section s. article s. OF the consti-
ttuion OF 1895. reads as follows:
No Judge shall preside at the
trial OF any cause In the event of
; which he rnay be interested. or when
either Of the parties shall be con-
nected with him by affinity or con-
sanguinity. within such degrees rs
may be prescribed by law. or In which
ne may have been counsel or have
presided T.. any inferior court. In
case all OF any OF the justices of the
supreme court shall be thus disquali-
fed or be otherwise prevented from
rles. ling I'm any cause or causes, the
court or the justices thereof shall
csrtfy to the same TO the governor Of
thc state, and he shall Immediately
c"mnission. especially. the requisite
, number OF men learned I'm the law
for the trial and determination there
OF. The same course shall be pur-
sued I'm the circuit and inferior courts
as It's prescribed In this section for
cases OF the supreme court. The gem
erai assembly shall provide by law
for the temporary appointment of
men learned I'm the law To hold either
special or regular terms OF the circuit
courts whenever there may be neces-
sity for such appointments
II call your particular attention to
the sentence. The same course shall
C'be pursued In the circuit and inferior
courts as Is prescribed In this section
for cases Of the supreme court Why
was the sentence incorporated into
this section? What does that SEN
tence men? This action cio.rt,,
~gives the governor. and him alone. the
power To appoint. and the power To
commission, and holds him. and him
alone. responsible for the acts and do
inss OF the one whom he commissi ons: /:
and. so holding him. II certainly would
not be right and was not intended that