The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-04-03
EXECUTIVE POWER TO REMOVE
OPINIONS RENDERED BY At
TORNEY GENERAL ON Gov
ERNOR'S AUTHORITY.
Shows What Officers May be Remov-
cd and for What OTenses-Brandy
Comes under Gallon-a.Month Act.
Says Peoples.

Columbia, March 3O.-The power
n the hands Of the governor to re-
move peace officers for failure to en-
force the laws is great, and there is
much interest just at present in this
matter because of the insistence of
Gov. Manning on law enforcement.
The opinion rendered by the attorney
general on this matter at the request
OF Mr.. Manning goes into the power
of the governor over mayors and CITY
officials, sheriffs, magistrates, con-
stables, rural policemen and other Of
ficers. The opinion will be Of State
wide interest just at this time. In
part it is as follows:
Il am in receipt Of yours Of the I'd
of February in which you say, will
you please give me your official opin-
ion as TO the power of the governor
to remove sheriff or other couny off,
GERS; or mayors, intendants or other
municipal officers, charged with the
enforcement of the law
I'm reply I will say that the Con-
stitution, Section q, Article Ill, pro-
vides that officers shall be removed
for incapacity, misconduct or neglect
Of duty in such manner as may be pro-
vided by Jaw when no mode Of trial
or removal is provided in. this Con-
stitution.'
Section 53S of the Criminal Code
Of 1912, provides as follows:
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 ca
pacity 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 INSIDE
meanor in office, and, upon conviction,
the Office shall be declared vacant and
the sentence shall be removal Of de-
PENDANT from office, and the vacancy
shall be filled as when a vacancy oc-
ours by death or resignation"
Seton 545 and 546 Of the Criminal
Code of 1912, provides as follows:
Section 545. Any public officer
hereafter to be elected or appointed,
whose authority is limited TO a single
election or judicial district, who shall
be guilty of any official misconduct,
habitual negligence, habitual drunk
enness, corruption, fraud or oppres-
sion, shall be liable to Indictment
and, upon conviction thereof. shall be
fined not exceeding one thousand
dollars and imprisoned not exceeding
one year."
"Sheriffs and other county officers
come within the provisions of the
statutes quoted, and / am Of the opir-
that mayors and intendants come
Within the provisions Of Sections 545
and SAG hereinabove quoted. 1t VIII
be seen from a reading of these Sec
tons that an officer may be removed
only after Indictment and true bill
after warrant, this remova being done
by proclamation of the governor.
There is q 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 his own
information or upon the complaint of
n private party, or by private party
interested on leave granted by q
Circuit Judge against the parties Of
Tending, when II person shall
usurp, intrude into, or unlawfully
hold or exercise any public Office
within this State, or when any public
officer shall have done or suffered an
act, which, by the provisions Of law,
shall make a forfeiture of his Office,
in which case the removal is by ju-
dicial decree"
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.