Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-04-27
ASYLUM sUPERINTENDENcY.
Constitution Quoted Anent the Ae.
ton of Governor Manning.

Constitution Quoted Anent the Ac-
tion of Governor Manning.
w. w. Dixon, Esq, Of Winnsboro,
who first raised the question as to
the constitutionality Of Gov. Manning's
appointment Of Sargent as superin-
tendent of the state hospital for the
insane, has prepared for the Winns-
boro News Herald an article In which
he holds that the governor is still
wrong in assuming to pay the super
intendent of the asylum salary in
excess Of that designated by the gen.
eral assembly. Mr.. Dixons article is
as follows:
Mr.. Editor: At your request as to
the salary Of the superintendent Of
the asylum from $4,000, the amount
fixed by law, to $4,000, and whether
or not the legislature will make such
a special appropriation therefor, with
malice toward none and kind feel
ing for the governor in his solicitude
toward the unfortunate inmates, l
must answer in the negative.
The superintendent is to engage
upon his duties under a kind Of ex-
ecutive order or contract for the sum
Of six thousand dollars per annum.
Has the governor any right to make
any such order or contract? Section
IA of article /, Of the constitution, Is
as follows: I'm the government of this
state, the legislative, executive and
judicial powers Of the government
shall be forever separate and distinct
from each other and no person or
persons who exercises the functions of
one of said departments shall assume
or discharge the duties Of any other"
The legislative department fixes the
salary Of the superintendent; the eX-
ecutive department has neither the
power or right to increase or dimin-
ish it by executive order or contract.
Article III, section 80, is as fol-
lows: THE general assembly shall
never grant extra compensation, fee
or allowance to any public officer,
agent, servant or contractor after
service rendered or contract made,
nor authorize payment or part pay
ment Of any claim under any con-
tract not authorized by law, but ap-
preparations may be made for ex-
penditures in repelling invasion, pre-
venting or suppressing insurrection."
Now, three things will confront a
oath: 1st. Is this $4,000 to be used
in repelling an invasion? No. 2. Is
it to be used in suppressing or pre-
venting an insurection? No. 8. Is
it a claim founded on contract au-
thorized by law? CA mere under
standing" would have no force.) One
elected or appointed to a constitution
al or legislative office assumes it un-
der an express contract with the peo-
pie In this instance the considera
tion was representatives thousand
dollars, a house, water, light and
certain other privileges and perquis
ties, not necessary here to mention.
The governor, it is very respectfully
submitted, has neither the right to
alter or change in any way the eX-
pressed terms Of the contract. Had
he any such authority, he could at
any time increase the salary Of the su-
perintendent Of the penitentiary, state
insurance commissioner. state librari-
an, commissioner of agriculture, state
health officer, chief game warden, all
the county auditors, etc. Again, this
action or attempted contract is con-
trary to the very spirit of the con-
stitution and law which has crystal
lied the we'll known declaration pla-
carded all over the body of the con-
stitution, the salary Of this or that
Office shall not be increased or di-
minished during the term OF the
same" Finally, it would be a harm
full precedent to establish.
AS to what the legislature will do.
Quien sabe? 1t is composed Of very
able men in the main, and very few
camp followers. AS to the latter, II
being the second session and wanting
to get back, they will vote to please
Tom. Dick and Harry in the dunes
of the coastal country or the hill
billies" upstate as the location may
be.
1t is well recognized that Governor
Manning's error is one of the heart
and not of the head. Most people,
and rightly, look on the asylum as a
place Of detention rather than
curative institution where the inmates
build up their physical strength and
have their nervous system restored to
normality. Kind treatment and prop
er diet is about all anyone can do.
OF course the governor thinks other
wise in miniStering to n mind diseas-
ed and for his good intentions deserves
praise from his standpoint, but there
are others who will differ from him
both as to the management of the in
StitutiOn and as to his powers to make
contracts for the same.
W. w. Dixon.
10' Some men pay compliments when