The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-05-30
LAW SHOULD APPLY TO
MEN HIGHER UP ALSO
SCHOOL TRUSTEE AN OFFICE,
SAYS THE COURT.
Governor BIease Says Senators and
Others Should Also Come With
in Law.
special to The Herald and News.

in the inhibition of the constitution Of
this State against holding two Offices,
is decided by the supreme court in
case handed down this week, and in
an interview given out following the
opinion, Governor Blease says those
higher up than the parties in the lit
tie Offices affected by the decision
should surely be made to come with
in the law, if those in the little posi-
tions are to be held up as violators
of the law.
The decision of the supreme court
is in a Cherokee county case, in which
the supreme court holds that Cover
nor Blease's appointees on the board
of registration, the appointments haV-
ing been made after the adjournment
of the senate, were legal, and the ap-
pointments held until the next session
of the senate. It will be recalled that
there was a similar question in New
berry last year. The governors ap-
pointees, who were successful in the
suit involving question of salary,
were represented by Assistant Attor-
ney General Fred. H. Dominick.
The question as to the position OF
school trustee arose in the case, as
explained by the supreme court, as
follows:
This section manifestly gave the
governor the right to appoint when
the senate was not in session, and his
appointees could hold under the ap-
pointment until it was confirmed by
the senate, for the two years from the
date of the appointment, or the hold
Ing terminated by the senate's failure
tn approve. This distinguishes this
ease from the magistrates cases. The
respondents had title to the othce
from the date of their appointment un-
til the senate refsed to approve their
appointment, except that the deten-
dant Settlemeyer forfeited his Office
on his acceptance of the Office OF COM
missioner of election. The defendant
Hoke forfeited his Office Of trustee
trustee of Blacksburg school district)
but was eligible to the Office Of super
visor of registration. The right to
compensation follows the title to Of
fce and it is ordered that the warrants
do issue according to the time the de-
PENDANTS held the Office
Governor Blease On The Opinion.
Discussing the opinion, with regard
10 the holding of two Offices, Cover
nor Blease said:
"The supreme court in its decision
in the Cherokee county registration
board matter simply upholds con-
tention which have been making all
along and fighting for. have at diff
ferent times called the legislatures
attention to the fact that those higher
ND we're openly and fagrantly Violat-
ing the law and nothing was being
done. while the man lower down was
checked I'D and made to suffer on
every little pretext And at the last
session of the general assembly, in
Message No. 4S, I called attention to
certain opinions of Attorney General
7von in reference to this matter, and
the supreme court yesterday but sus-
tains the view took, in reference to
= the law, but they go down into such
> small matters that it looks like alb
surdity sustaining my contention that
those higher up were allowed to es-
cape while those lower down were
made to suffer. Everybody knows
that the trusteeship of little coun-
try school has neither honor nor pro-
fit: everybody knows that the posi-
ton of commissioner of election has
neither honor nor profit, and that the
position of supervisor of registration
does not carry any honor to speak Of,
and mighty little profit. Yet this de-
cision of the supreme court positive
ly states that one who accepts the Of
fee of supervisor of registration va
Gates his position as school trustee,
further holds that one who accepts
the position of commissioner of cleo
ton vacates his position of supervisor