The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-17

suspended: Provided, however, That
the governor, in case he shall become
satisfied that such suspension was
made on insufficient grounds, shall be
authorized, at any time before report
ing such suspension to the senate as
above provided, the revoke such sus-
pension and reinstate such officer in
the performance of the duties of his
ONCE
"It will be observed that during a
recess of the senate, upon satisfactory
evidence of misconduct in office, of
crime, or of incapability or legal dis
ability to perform the duties of the Of
fee, the governor may, in such case,
and in no other, suspend the auditor,
and designate some suitable person to
perform, temporarilg, the duties Of the
ONCE until the next meeting Of the
senate, and until the case shall be act
ed upon by the senate; Ucat within ten
days after the first day of such meet
ing of the senate, it shall be the duty
of the governor to report to the SEN
ate such suspension, with tie evidence
and reason for his action, and the name
of the person who he designated to
perform t1e duties of the Office; that
if tie senate shall concur in such sus-
pension, and shall advise and consent
to the removal of the auditor, they
shall so certify to the Governor, who
may thereupon remove said officer, and
by and with the advice and consent
of tse senate appoint another person
to sucn Office.
"It is clear, therefore, that, during
a recess of the senate, the whole mat
ter is within the powers and duties of
the governor, and that tie delegation
nave no powers or duties whatever.
When this matter first came before the
delegation, some months ago, / took
the position that t-e delegation had no
Jurisdiction of it, and the entire dele
cation were then of the same opinion,
and the governor was informed ac-
cordingly. Acting within his power,
the governor suspended the auditor.
Now, the person that should be des-
ignated or appointed to perform the
duties of the Office came up before the
delegation this morning. again took
the position that the delegation had
no powers or duties in the matter, but
that tie selecting of such person was
the duty of the governor. He was
elected to perform the duties of the
governors Office, and this being one
of the duties of that Office, he and he
alone sr:ould perform it.
"The members of the house of rep
resentatives have, of course, no au-
thority to recommend at any time, ex-
cept through the courtesy Of the SEN
ator, and in this case tee senator has
no authority under the law to recon-
mend-his authority being no greater
than that of any private citizen. 1t
is true that the governor asked that
some person be recommended by the
senator, or under the custom, by the
county delegation. But this request
can confer no uathority. Any advice
that the senator or delegation might
give could, under the law, be only the
advice of private citizens-not as Of
Gals.
'Laboring under this appre2 ension
of the law, and believing, at least in
this instance, of strict law inforce-
ment,' 1 refused to assume the duty
conferred by law upon the governor.
Whenever the senator shall have any
legal authority to recommend, and
shall ask my advice, 1 shall be willing
to give same. AS I conceive it, the
delegation have no more right or duty
to say who shall be appointed or des-
ignated to perform the duties Of this
Office than any other four private citi-
zens. TIE governor suspended the
auditor without the advice of the dele
CATION. Without the advice of that
delegation he should make the ap-
pointment. The delegation, however,
did not take this view of the case, and
accordingly recommended Mr.. J. B.
Halfacre."I