The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-06-22
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Supreme Court OH Greenwood Rural
Police Case.


court this evening ruled in the
Greenwood rural police fight, by or
dering the payment of the salary for
two months of the two rural police
men appointed by Gov. Blease under
the Act of 1911. The salary is
$166.66, for each OF the two police
men. The opinion in this case is by
Chief Justice Ira B. Jones, and all
three associate justices concur.
The case was brought by L. c. El-
ledge and r. L. Golden, the two ru-
raj policemen for Greenwood county,
against J. B. Wharton, the foreman
OF the grand jury; T. c. Burnett
county supervisor; G. B. Riley and
George Dorm, who, with the super
visor, constitute the county board of
commissioners, and against F. Gra-
ham Payne, the treasurer OF Green
wood.
Appointment Illegal.
The appointment Of the policemen
is declared illegal, in spite of the
fact that they get the salary. The
facts are set out as follows by Chief
Justice Jones: ''The petitioners,
claiming to be rural policemen duly
commissioned by the governor and
qualified under the Rural Police Act
of February 1S, 1911, seek by Man
damus to compel respondents to pay
the salary, S166.66, alleged to be due
each for the two months ending
May z, 1911. By their return re-
spondents deny that the petitioners
had been only duly appointed and
commissioned and that they were
appointed by the governor without
the recommendation of the legisla-
tive delegation of Greenwood county,
as required by the Act.
Approved on Last Day.
esIt appears that the Act was ap-
proved Saturday night, February IL,
1911, the last day of the legislative
session, and. that the governor on
the same night appointed petitioners
as rural policemen, upon the recon-
mendation alone of the Hon. D. H.
Magill, one of the Greenwood dele
CATION. It is stated by the affidavit
of Senator G. A. C.. Waller and Rep
resentative w. H. Nicholson and Rep
resentative J. w. Bowers, the other
members of the Greenwood delega-
tion, that the appointments were
made without their recommendation
before they had knowledge OF the
approval of the Act or opportunity
to recommend"
No Other Claimants.
The court points out that the usual
rule is that where the commission to
Office is not legal, the claimants
would not be entitled to compel pay
ment of salary, and this rule is en-
forced where there are other legal
claimants to the emoluments OF the
Office. In the Greenwood case there
were no other claimants for the
right of salary. The two policemen
were not usurpers of the Office, nor
did they obtain it by fraud or force,
the court points out. They exhibited
commissions until now not declared
invalid.
..We think it not only just,
writes the chief justice, ''but con-
sonant with sound law to hold them
entitled to the salary claimed" The
court does not take up any other is
sues which the opinion states were
Withdrawn, except the issue as to the
payment of the two months salary.
AS the policemen under the Act
would receive $1,000 per year each,'
the salary for the two months
amounts to s166.66 each.
County Ordered to Pay.
The court orders the foreman of
the grand jury to issue an Oroer tnat
the county treasurer pay these men
accordingly. Just what further steps
may be taken cannot be forestated
at this end. The supreme court de-
cision makes clear the legal position
that the men were not properly COM
missioned in accordance with the
terms of the Act, but at the same
time holds them entitled to their
salary. Whether the remaining part
of four years salary will be paid is
a matter that was not considered,
because it was not an issue in this
particular case. The sole question
decided by the court was the right of
the. petitioners to have the two
months salary paid to them.
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