Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1918-06-12
AS TO THE sHERIFF's OFFICE.
Mr.. Moss, Now Holding Office, Gives
Basis for His Claims on 1t.

Editor Keowee Courier: I have
noticed several times recently that
mention has been made in the col
umns Of your paper that there would
be elections for various county off,
GERS this year. and among them that
there would be an election for She
rir. AS l am a law-abiding citizen
and mean to continue to be, and as 7
also mean to continue to try to en-
force the law, as l find it, respect,
fully beg leave to quote to you some
sections Of the law directly applica-
Bile to me and my position:
Section $50, Vol. l, Code of 1912,
insofar as 1t relates to the office of
Sheriff, is as follows:
General Election for County OFF,
cers-When Held.-There shall be
general election for the following
county officers, to wit: County Super
visors and County Superintendents
of Education, ETC., and for
the election of Sheriffs, Coroner and
Clerk of the Court Of Common Pleas,
at every alternate general election,
reckoning from the year one thou
sand eight hundred and eighty-eight,
except as to the counties of Berke-
ley and Cherokee, and except for
Sheriff and Coroner in Hampton
county"
Section 1886 of the same volume
is as follows:
"When Election Of Sheriffs Held
There shall be an election for Sheriff
held In each county, except IL the
counties of Berkeley, Cherokee and
Hampton, at the general election in
1904, and on the same day in every
fourth year thereafter. In the coun-
ties excepted the election shall be in
1902"
Section 1877 of the same volume
is as follows:
How Vacancies Filled In the
event that a vacancy shall, at any
any county Of this State, whether
from death, resignation, disqualif-
cation, or other cause, the Governor
shall have full power to appoint
some suitable person who s!;all be
an elector of such county, and who,
upon duly qualifying according to
law, shall be entitled to enter upon
and hold the Office until the next gen
eral election for County Slleriffs; and
shall be subject to all Of the duties
and liabilities of said officer, during
the term OF his service in said Of
fice."
Section 80 Of Article v Of the Con-
stitution of 1895 is as follows:
Sheriff and Coroner.-The quail
fed electors OF each county shall elect
Sheriff and Coroner for the term Of
four years, and until their successors
are elected and qualified; they shall
reside in their respective counties
during their continuance in office,
and be disqualified for the office a
second time If 1t should appear that
they, or either Of them, are in de-
fault for moneys collected by virtue
of their respective Offices"
On the 9th day of January, 1912,
the Legislature passed an Act declar-
ing the Code Of Laws Of South Caro-
lima of 1912 to be the only general
statutory law Of this State. See
Acts 1912, page 1856.
None of the above provisions have
been repealed or amended. That be-
ing true, I respectfully beg to call
your attention to the fact that an
election for Sheriff in Oconee county
cannot be held in any other year
than the one provided by the Stat
utes, Sections 280 and 1136. Under
these sections there can be no cleo
tion until 1920. 1t might be said that
Sheriff could be elected to hold
until the next election, but the Con-
stitution, and the Acts under 1t, say
that Sheriffs must be elected for
four years. Then some might say
that 7 was not elected, but appoint
ed. That Is very true, and the Gov
ernor acted fully within his authority
under Section 1877 in appointing me.
That section provides, as you see
above, that Sheriff so appointed,
shall be entitled to enter upon and
hold the office until the next general
election for County Sheriffs."
From the above, you can readily
see that 1t does not require a lawyer
to explain away some inconsistency
In order to find out what the law Is.
1t is plain and simple enough for any
one not accustomed to drawing fine
distinctions to readily understand.
Yours very truly,
Jas. NJ. Moss,
Sheriff of OcOnee County