The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-04-13

Unless otherwise provided by special
statute the governor has the authority
to determine the number Of constables
employed in a county and to fix their
salaries. T.is, as l understand it, has
not only been the custom of the gov
ernors in such matters, but is the law.
'The appointment of dispensary
constables, however, has been restrict
ed in many counties of the State. BY
Section 1885 of the code as to Able
Vile county; Section 1866 of tie code
as to Marion county, acts 1912, page
sos, as to Darlington and Lee counties,
acts 1912, page $50 as to Orangeburg
county, acts 1912, page S86, and acts
1913, page 156, as to Williamsburg
county, acts of 1912, page 902, as to
Marion county, after the appointment
and qualification of tie rural police
men provided in these statutes, the
dispensary constables appointed by
the governor under an act known as
the Carey-Cothran act was to be dis
continued in so far as the counties
named are concerned.
"By Section 1878 Of the code as to
Marlboro county, acts 1912, page S79'
as to Sumter county; acts OF 1912, page
S9S, as to Spartanburg county; acts
1912, page 9O5, as to Dillon county, no
dispensary constable was to be &p-
pointed by the governor. In these
counties tie duties heretofore per-
formed by suct1 constables were de-
volved on the rural policemen.
'Act of 1912, page S95, provides that
after the appointment of rural police
men in Pickens county the dispensarj
constables and detectives appointed
and maintained at the expense of Pick
ems dount" shall be discontinued.
Acts 1872, page 569, provided that
from and after the appointment Of con-
force and effect the appointment Of con-
stables under the dispensary laws O..
De STATE to serve in Newberry county
5, all be discontinued.
"By acts of the extra session of 1914,
page "a, it is provided that the Office
or 1Csition of dispensary constable for
tie counties of Richland and Orange
burg he and the same are hereby abol-
isned and no person shall hereafter be
appointed to tie position Of dispen-
sary constable in said counties.
"By acts of tie extra session, page
25, dispensary constables were re-
ucveo from Bamberg and orangeburg
counties and it was provided that here
after no dispensary constable or other
special officer designated to enforce
the liquor laws shall be appointed OF
otherwise to operate in said counties
unless upon the request OF the county
Gisrersary board. The second section
cf the same act provides tat upon tie
a~oper request of the said board the
co. ernGr shall appoint or send into
t3e SAIL county such dispensary con-
stables as asked for, provided that at
the time he request is made the said
county Gispensary board stall desig-
nate tie length of time that the said
dispensary constable is require and he
s. all not be appointed to operated in
said counties for "a longer period.
The acts of 1914, page 756, pro-
vides that dispensary constables shall
be- discontinued in Greenyille county.
'"Inc foregoing are the exceptions
that l have been able to find to the
general power of appointment of dis
pcnsa1y constables as provided in Sec
ti,a $40 of the criminal code.
"By Section 695 of tie code OF 1912
the governor is empowered to appoint
the chief constable of the State, when
soever, in his judgment, any public
emergency shall require it, or when
necessary to the due execution of legal
process.
"In my opinion tie governor has TIE
right to appoint sucn State constabl9s
as he may deem necessary for the en-
forcement of the law and fix Their
salaries, the salaries of such officers
as constabIes to be paid out of the spe
cial fund for tie enforcement Of law
appropriated for the governors office.
c.. course, in such counties which are
rot excepted from the provisions OF
Section $40 Of the code the salaries o1
such officers are paid out of the profits
of the dispensary in dispensary coun-
ties and out of the ordinary county
funds in the counties wherein the dis
pensary has not been established.