The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-09-25

BLEASE WITSHOCT AUTHORITY
TO REMOVE h. j. RHAME.
State Bank Examiner B. j. Rhamc
Wins I'm Contest to Retain Office.
His Removal Having Been Ordered
by Governor Blease Immediately
Following Big Bank Failure in
Lexington - Opinion by Justice

V,
declared that b. j. Rhame is the le-
gal State bank examiner and that the
Governors attempt to remove him
was without authority of law and of
no effect. The Governor as Chief
Executive has no prerogative control
over offices, such as is held by the
King of Great Britain. The power Of
removal from office, therefore, is not
an incident of the Executive Office
and it exists only where it is confer
ed by the Constitution or by the stat
ute law, or is implied from comforting
the power Of appointment" declares
the opinion Of the Court, which was
written by Associate Justice C. A.
Woods and filed this morning.
1t was following the publication of
the report of the condition Of the Lex
ington Savings Bank that Governor
Blease issued a proclamation remov-
ing B. ]. Rhame from the office Of
State bank examiner and appointing
II. w. Fraser in his stead Mr.. Rhame
refused to recognize the right Of the
Governor to remove him and declined
to surrender the Office, whereupon
custer proceedings were brought
against him by the Attorney General.
Mr.. w. F. Stevenson appeared for
Rhame. while B. L. Abnsy and G. r.
Rembert represented Fraser and pre-
sented the Governors position. The
case was first heard by the Supreme
Court and then the Circuit Judges
were called in and the case argued
before an en- banc session Of the
Court. This was in June, and the de-
cision Of the Court sustaining the
right Of Mr.. Rhame to the office set
ties long vexed and perplexing
questions
The opinion delivered by Associate
Justice Woods is concurred in by
Chief Justice Eugene b. Gary. AS
sociate Justice d. f. Hydrick and
Circuit Judges T. S. Sease, George E.
Prince, John s. Wilson, II. f. Rice,
Frank r. Gary, T. II. Spain. Chief
Justice Gary. concurring in the
opinion of Mr.. Justice Woods for the
reason that the law does not provide
for the removal of the state bank ex-
aminer by the Governor as it does in
the case of magistrates"
Dissenting opinions were filed by
Associate Justice r.. c. Watts and
Circuit Judge George w. Gage, both
of whom held that the Governor had
the authority to remove the State
bank examiner.
The opinion of Jutice Wood sets
forth that not only has the Governor
no authority to remove the bank eX-
aminer under the Constitution and
statute laws of the state, but under
the common law he is without such
authority.
An interesting excerpt Of the opin-
ion is as follows:
The question then co es to this:
When a statute creates an office to be
filled by appointment of the Governor
and fixes the term for which the ap-
pointee shall hold, but confers on the
Governor no power of removal, does
the Governor, nevertheless. have the
power of removal under the Constitu-
ton or the statute law of the State
or under the common law?
Laying aside for the moment the
Constitution and the statute law IF
the state, we consider the common
law rule as established by judicial
expression. Surely, men of common
sense learned and unearned, would
be surprised To find the law to be
that when the legislative department
has created an office to be filed by
tended and limited its ;"rm to four
years. yet the Governor could at will
shorten the term ~ removal, al
though no power OF removal has been
conferred. Such Executive power is
denied by both reason and authority.
THE Governor as Chief Executive
has no prerogative control over Offices
such as is held by the King Of Great
Britain. The power Of removal from
office. therefore. is not an incident of
the Executive Office and it exists only
whore it is conferred 10y the Constitu-
tion or by the statute law or is inn
piled from the comforting Of the pow
or of appointments
"The statute law of the state by the
strongest implication denies the au-
thority To remove here asserted. Pub