Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1912-09-25

b. J. RHAME LEGAL OFFICIAL.
Supreme Court Says Chief Executive
Has No Prer0gative Control.

Columb1a, Sept 20.-The Supreme
Court, In decision by Associate JUS
tice Woods, holds that the Governors
attempt to remove b. J. Rhame, State
Bank Examiner, was without author
ity of law and Of no force. The case
was argued before an ell banc ses-
sion Of the court several months ago.
The decision was concurred in by
Chief Justice e. B. Gary, Associate
Justice D. e. Hydrick and Circuit
Judges r. S. Sease, Geo. e. Prince,
John S. Wilson, II. f. Rice, F.. B.
Gary and T. H. Spain.
Dissenting opinions were filed by
Associate Justice r. c. Watts and
Circuit Judge Geo. w. Gage, both of
whom held that the Governor had the
authority to remove the State Bank
Examiner.
After citing numerous authorities
to sustain the majority opinion de-
claring the Governor has no power to
remove State official except where
such power has been delegated to
him by the General Assembly, the
| Court closes In these words:
"The statute law Of the State by
| the strongest implication denies the
authority to remove here asserted.
Public officers are created for the
| benefit Of the Commonwealth, incum-
bents have no contracts or property
| rights in them, and, unless otherwise
| it be provided by the constitution,
they are subject entirely to legisla-
tive control. Hence, subject to the
constitution, the General Assembly
may fix the term, provide for reno
val, abolish the office, reduce the
term, and in every respect control
the existence, powers, emoluments
and tenure Of public officers. In the
exercise of this power the General
Assembly has, with assiduous care,
| provided that the removal Of every
| minor and local officers should take
place only after indictment and con-
viction of misconduct, as instance the
provisions for the removal of all local
officers by paragraph 388 and para
graph $50 of. the Criminal Code only
on trial and conviction; or has pro-
Vided that they should be merely sus-
pended by the Governor, and be re-
moved only on consent oftthe Senate,
as instance, the provision made for
the suspension and removal OF coun-
I W auditors and treas1rers, civil
Code, 1902, paragraph $40 and para
Eraph 1913; or has enacted that they
should be removed by judicial decree
IN civil action as provided in the
article of the code Of procedure un-
der which this action was brought.
when different policy was in
tended the tenure has been expressly
stated to be subject to removal; as
in the case of the dispensary direc-
tors and the election commissioners
whose tenure was made subject to re-
moval by the Governor, Criminal
Code, 1902. paragraph $50; Civil
Code, paragraph 206 There is no
hn
Governor has no power to remove the
State Bank Examiner.
Duties of the Examiner.
The duties Of the State Bank En-
aminer extend over the entire State,
but he is not elected by the people
at large, hence he is not an officer
removable only by impeachment; for
| the rule was thus laid down in Nc
| DoWell VS.. Burnett, herewith filed:
Every executive and judicial officer
whose authority and jurisdiction ex-
tends over the entire State-in whose
| Official conduct the entire State is
concerned-and whose office was Gre
ated by the constitution or created by
| statute and filled by election by the
people at large, Is removable by i'm
peachment or by the Governor on ad-
dress of the General Assembly or by
conviction Of embezZlement or appro-
priation Of trust funds and in these
modes only. All other officers are
subject to remova under the provis-
ions of the statute laws Of the State
or under the common law where that
is applicable.'
Under this rule the General AS
sembly in creating the Office Of State
Bank Examiner might have provided
| that the term should be four years,
| subject to be shortened by removal
by the Governor or on the happening
OF any other contingency. But it did
not see fit to do so. The wisdom of
| legislative action is without the
sphere of judicial inquiry 1t may be
that the fixing Of the term Of Office
Of State Bank Examiner rigidly at
four years in the last statute, when,
by the earlier statute, 1t had been
fixed at two years, subject to be
shortened by removal was an over
sight, or it may be the change was
due TO an intention to make an Off
Ger clothed with so much discretion
and power and charged with such
great responsibility in safeguarding,
| by his supervision, enormous public
and private interests, entirely inde-
pendent OF any outside influence, and
removable only by a civil action un-
der the code of procedure. These
questions are not for us. The Court
can only declare that, under the law
as 1T exists, the State Bank Examiner
is not subject to removal at the dis
cretion Of the Governor, and that the
defendant, B. j. Rhame, is still Bank
Examiner.