Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-04-02
CAN ENFORCE THE LAW
Governor Can Remove Any Official For
Neolect of Duty.

The power in the hands Of the gov
ernor, writes the Columbia cores
pondent Of the News and Courier 70
remove peace officers for fallure 10
enforce the law is great, and there IL
much interest just at present IN this
matter because of the insistence Oh
Governor Manning on law ENFORCE
ment. The opinion rendered by the
attorney general on this matter at the
request Of Mr.. Manning goes into tne
power of the governor over mayois
and city officials, sheriffs, maglstrates
constables, rural policemen n otner
officers. The opinion will be OF state
wide interest just at this time. In part
it Is as follows:
"I am in receipt Of yours OF the "a ol
February in which you say, VIII you
please give me your official opinion as
to the power Of the governor 10 re-
move sheriff or other county omcers;
or mayors, intendants or otner
municipal officers. charged with the
enforcement of the law.
I'm reply I will say that the Consul
tuition, Section 81, Article Ill, pro,
vides that officers shall be removed
for incapacity, misconduct or neglec'
of duty in such hammer as may oe
provided by law when no mode OF trlal
OF TSIlONdl 10 pioNieSN
stitution."
.Section 53S Of the Criminal Code
of 1912, provides as follows:
Section 53S. Any county omcer
is guilty Of misconduct or persistent
neglect of duty in office, or any person
who appointed or elected the duties
of which he has not the capacity 10
properly discharge, shall, upon indict-
ment and true bill after warrant, or
after presentment of a grand jury
and indictment and r bill thereon
be tried as for misdemeanor IN ONCE;
and, upon conviction, the once snail
be declared vacant and the sentence
shall be removal of defendant from
nNice and the vacancy shall be filled
as when a vacancy occurs by death or
resignation" ,
Section 545 and 546 Of the Criminal
Code of 1912, provides as follows:
Section 545. Any public ohcer
hereafter to be elected or appointed
whose authority is limited to a single
election or judicial district, who snail
be guilty Of any official
habitual negligence, habltual orunk-
eness. corruption, fraud or oppression
shall be liable to indictment, and upon
conviction Thereof, shall be fined not
exceeding one thousand dollars ana
imprisoned not exceeding one year.
'Sheriffs and other county officers
come within the provisions Of the
statutes quoted, and I am OF the opln-
ion that mayors and intendants come
within the provisions Of Section o4o
and SAG hereinabove quoted. 1t Will De
seen from a reading Of these sections
that an officer may be removed only
after indictment and true Dill atter
warrant. this removal being done py
proclamation of the governor.
There is a provision also In tne
Code of Civil Procedure. Section 400,
which gives power for the bringing OF
an action by the attorney generaI III
the name of the state upon his w
information or upon the complaint OF
apy private party, or by private party
interested on leave granted py a
circuit judge against the parties OF
Tending, when any person shall usurp'
intrude into, or unlawfully hold or eX-
ercise any public office within TINS
state, or when any public officer sinai
have done or suffered an act, which,
by the provision of law, shall make
q forfeiture of his office, in which case
the removal is by judicial decree. .,
Thos. H. Peoples, attorney genera
has given several opinions or state
wide interest.
The attorney general holds that the
shipments of brandy are in the same
class with the shipments or whiskey,
and that only one gallon a month may
be ordered.