The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-18
ONE MORE BLEASE APPEAL.
LONG MESSAGE URGES PASSAGE
OF EARL MEASURE.
Governor Would Have Law so
Amended as to Vest Power of APP
pointing Special Judges Solely i'm
states Chief Observation-Disclosures
Present Situation from His View
point and Appeals to General As
SCmbly 10 Avoid Conflict"

man l. Blease tonight. in a message of
more than 1000 words. added another
chapter 20 the special Judgeship con-
troversy, by calling attention to his
own views upon Senator Earle's bill,
making the recommendation of the
Supreme Court unnecessary in ap-
pointments of special Judges, the
same bill that today was reconsidered
in the Senate following last nights
killing Of it.
The concluding words Of the Gov
ernor's message cite the possibility of
conflict between the executive and
judicial branches Of the State Govern
ment, when he says:
80 grave is this question and so
important to the administration Of the
laws Of our State, in certain instances.
that L appeal to the Legislature to
avoid any conflict between the ex-
ecutive department and the judicial
department. In such conflict it may
be said that the judicial department
may have the power to construe the
law. Yet, at the same time, we know
that they are forbidden by the Con-
Gtitution to sit in cases where their
rights are interested.
For the purpose of avoiding any
conflict, why should not the execu-
tive department, in whom is reposed
the general authority and power Of
appointment and commission to Office.
be by statute given the authority il
should possess, so as to protect the
general public against any untoward
conflict? There is no reason why
the executive department should be
curtailed in its power, nor to give the
judicial department a right to ap-
pointment. For these reasons the bill
presented is one in the nature of a bill
or peace and Of nature to carry out
the spirit of the Constitution. No
reasonable man, in my opinion, can
contend that because the Constitution
authorized the Legislature to provide
FOR temporary appointment of
Judges, 1t meant that they should con-
fer the power Of appointment of spe-
cial Judges or temporary Judges up-
on the judicial department. But every
reason suggests itself why it should
not do so, and to you | once again ap-
peal and ask not to force the con-
fiict."
Governor Blease's constitutional ar
gument is full and exhaustive. If
takes sentence by sentence, the con-
stitutional and statutory provisions
and. citing cases, contends that the
Constitution did not intend that the
Governor should appoint on the rec
ommendation Of the Supreme Court
the special Judges.
Governor Blease contends for the
separation of the legislative the iu-
dicial and the executive departments
in the following language, in part:
"A consideration Of our Constitu
ton inevitably leads to the conclusion
that all executive power is vested in
the executive department and not in
the judicial department, and under the
most ordinary rules and most famil-
lar decisions. executive power cannot
be devolved upon judicial officers, for
that is to confer upon the iudicial
power executive authority which is
absolutely forbidden
After quoting the Constitution, Gov
ernor Blease thus dicusses the "en-
croachment" upon executive author
ity:
1T would be difficult for any one
TO put his finger upon any matter in
the Constitution which would en-
courage or induce the idea that the
executive power Of appointment and
commission Gan be diminished or de-
stroyed ON the contrary, every
syllable of the Constitution looks to-
wards the Chief Executive as having
the power Of appointment and COM
mission.
Section II, Of Article 4, prescribes
that he shall commission all officers
of the State. This means, of course,
he shall commission those officers
whose elections are provided for un-
der the Constitution. and whose con-
| stitutional powers are derived there
from. but the words TO commissions ;
unless otherwise excluded means ap-
pointment and commission, and it has
been invariably 50 held under the
Constitution Of the United States
which permits the President, in vacan-
CiCS, to commission.
1t means aDDOintmCnt and com