Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-02-05

Il years anu II -, ll6FcIOES, ucSlTdDlc
that your assistant should be a man
in sympathy with my policies. You
have seen At to appoint Mr.. Fred H.
| Dominick your assistant, who was a
| supporter of the policies Of my prede-
cessor in this office.
In these circumstances l do not feel
| that I can rely upon your office for
legal advice. I shall need legal advice
in the administration Of my office, and
therefore shall be compelled to call
| this matter to the attention Of the leg
islature for such action as they may
see fit to take, II you insist in making
| this appointment.
Please let me have your reply.
Very respectfully,
(Signed) r. I. Manning.
January 81. Governor.
Peoples to Manning.
Hon. Richard I. Manning, Governor Of
South Carolina, Columbia, 8. c.
Sir: I am in receipt Of your letter
| Of the 21st inst, wherein you substan-
TALLY, II not expressly, demand that I
shall rescind the appointment q
| by me of Mr.. Dominick as my assist
ant, and in the event I do not, you
practically threaten to call my refusal
to rescind such order, and appoint such
person that will be satisfactory to
what you term your policies" to the
attention Of the legislature for such
action as they may see fit to take.
I shall endeavor to answer your let
ter, so surprising in its character and
so disagreeable in its tone, as courte-
| ously as my feelings will permit.
I had occasion to reply to q letter
Of yours, inquiring as to what recon-
mendations I would make In my re-
| port, SO that you might incorporate
them in your message designed by you
to be sent to the legislature. In do
ing so, I expressly declared to you,
with great sincerity and candor, the
| following sentiments: II shall be glad
| at any time to confer with you upon
any Of these subjects (alluded to In
my letter. and shall always be pleased
to carry. out any Of the directions that
you, as governor, shall make WITHIN
| the powers conferred upon you by the
| constitution and statute laws OF our
| state. With much regard and with a
| sense Of duty towards you, as the le-
| gal adviser Of the officers Of the state
and the head Of the department OF
| Justice of such state, and as that head
to serve you as the chief executive Of
ficer Of the state, I remain" etc.
This statement, then expressed,
| still entertain and there will be no ef-
fort lacking upon my part to perform
by duties and to cooperate, as to the
duties devolved upon me, with you In
any matter becoming our duty to dis
| cuss or to take action upon.
BY the constitution OF this state, ar
| ticle 4, section "a, 1t is declared that
there shall be elected by the quail
| fed voters Of the state . an attorney
general (and other officers therein
mentioned) who shall mold
their respective offices for a term Of
years and until their several success,
sors have been chosen and qualified
and whose duties and compensation
shall be prescribed by law"
declared: There shall be an attor.
ney general for the state, who shall
perform such duties as may be pre-
scribed by law. He shall be elected
by the qualified electors OF the state
for the term Of two years, and shall
receive for his services such compen-
sation as shall be fixed by law"
BY the code Of laws Of 1912. vol
ume 1, section TO, the legislature. In
pursuance Of the terms Of the con-
stitution, enacted: THE attorney gen.
eraI shall receive a salary at the rate
Of $1,000 per annum; and the assist
ant attorney general, who shall be ap.
pointed by the attorney general, hall
receive a salary Of $3.50 per mum
(Since i~ncreased.)
The powers and duties Of the attor-
ney general are further provided for
in subsequent sections, to which ref
erence Is asked to enable you to have
q clear comprehension Of the powers,
duties and limitations Of the office I
now hold and especial attention is in
IA l. -xxl1- Tf1. sTIa (offarnav
general) shall, when required by the
secretary Of state, treasurer, ad5utant
and inspector general, comptroller
general, railroad commissioner or
other state officer, consult and advise
with them, respectively, on questions
Of law relating to their official bust
ness"
An examination Of all the statutes
and law relating to my office Will
show aside from the duties devolved
upon the attorney general as ex-
oficio member of certain boards,
which he can exercise not by assist
ants but personality, that 1t was
never in contemplation nor within the
purview Of the custodian or Of any OF
the acts of the general assembly to
make the office Of attorney general as
legal adviser Of the different depart
ments a political one in the sense Of
having the opinions, which 1t is the
duty Of the attorney general to render,
biased by what you may term, or ave
termed, your policies" or that Of n
officer Of the state to whom 1t Is my
duty to give a legal opinion. 1t would
be clearly an anomaly Of law and good
sense to attempt to bias or prejudice
the view Of the law in its construction
Of the statutes by the attorney general
because Of the political party or party
faction to which the. governor or any
officer Of the state may for the time
being belong. I must, therefore, In
sist, n as long as l am attorney gen.
eral, will insist, upon giving my opin-
ions as to what ! conceive to be the
law, whether it Is sympathetic with
this, that or any other party or par
tisan. I would be unworthy Of the po-
sition, and SO would any other man,
who considers himself in the position
Of having to render opinions and ad-
vice to officers Of the state except as
he conscientiously believes the law to
be, irrespective Of all political policies
or other views.
It is quite true that you have taken
occasion to state to me, heretofore,
that you had been elected to the Of
five Of governor upo a platform in
opposition to the policies which have
prevailed in the Office Of governor for
the last 1our years. TnlS was q matter
Of which l had no concern and have
eve entertained any. The advice
given from this Office, whether by my
self or assistant, bears no color Of fac
ton or Of party. My personal prefer
enc as to who should hold office in
South Carolina has never influenced
or swayed the construction Of any
statute Of constitutional provision
which has been submitted to me, nor
have the prescribed duties made by
statute been viewed by me, when ask
ed as to their meaning, and as to
what action should be taken under
them ever been rendered in view of
any policy which was thought best by
the executive officer.
1t Is further known to me that your
views, or at least your expressions,
have not been in accord with your
professors In office, to whom you
allude. and that your election may be
construed as al Endorsement of this
by the majority Of the people voting
at the primaries, and that you will be
held responsible for carrying out such
views, whatever they may be. I do
profess to have made any careful