The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-04-08
Authority That Governor Has.

the hands OF the governor to remove
peace officers for failure to enforce
the laws is great, and there is much
interest Just at present in this mat
ter because of the insistence Of Gov
ernor Manning on law enforcement.
The opinion rendered by the attor-
new general on this matter at the re-
, , quest of Mr.. Manning goes into the
power of the governor over mayors
and city officials, sheriffs, magis-
trates. constables, rural policemen
and other officers. The opinion will!
be of Statewide interest just at this
time. In part, it is as follows:
Il am in receipt of yours of the
2nd of February in which you say,
will YOU please give me your official
opinion as to the power of the COVER
nor to remove sheriffs or other coun-
ty officers; or mayors, intendants or
other municipal officers, charged with
the enforcement of the law
In reply | will say that the con-
stitution, section 81. article Ill, pro-
vides that officers shall be removed
for incapacity, misconduct or neglect
of duty in such manner as may be
provided by law when no mode Of
trial or removal is provided in this
constitution
Section 53S of the criminal code
of 1912, provides as follows:
Any County Officer.
Section 53S. Any county officer
who is guilty of misconduct or per-
sistent neglect of duty in office, or
any person who appointed or elected,
the duties of which he has not the
capacity to properly discharge. shall.
upon indictment, and true bill after
warrant, or after presentment OF a
grand jury and indictment and true
bill thereon. be tried as for misde-
meanor in office. and. upon convic-
ton, the office shall be declared va
cant and the sentence shall be re-
moval of defendant from Office, and
the vacancy shall be filled as when
vacancy occurs by death or resigna-
ton"
Section 545. Any public officer
hereafter to be elected or appointed.
whose authority is limited to sin
gle election or judicial district. who
shall be guilty of any official miscon-
duct, habitual negligence, habitual
drunkenness. corruption, fraud or
oppression, shall be liable to indict-
ment. and. upon conviction thereof,
shall be fined not exceeding $1,000
and imprisoned not exceeding one
year"
Mayors and Intendants.
"Sheriffs and other county officers
come within the provisions OF the
statutes quoted, and | am Of the
opinion that mayors and intendants
come within the provisions of sec
tions 545 and 546 hereinabove quot
ed. 1t will be seen from a reading
of these sections that an officer may
be removed only after indictment and
true bill after warrant, this removal
being done by proclamation OF the
governor.
There is a provision also in the
code of civil procedure, section 466,
which gives power for the bringing
of an action by the attorney general
in the name of the State upon ms
own information or upon the COM
plant of any private party, or by
private party interested on leave
granted by a circuit judge against
the parties offending, when any per-
son shall usurp, intrude into, or un-
lawfully hold or exercise any public
Office within this State, or when any
public officer shall have done or suf-
fered an act, which, by the provisions
of law, shall make forfeiture of his
office. in which case the removal is
by judicial decree.
Other Important Questions.
Thos. H.. Peoples, attorney general,
has given several opinions OF State
wide interest.
The attorney general holds that
the shipments of brandy are IN the
same class with the shipments OF
whiskey, and that only one gallon
a month may be ordered.