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I MANNING EXCEEDS HIS POWER
WHEN SUSPENDED HUCKABEE
(CONTINUED FRCftj. PAGE 1.)
pension of the petitioner.
"We nexc inquire whether the suspension
can be sustained by referring
it to any other power vested in the |
governor. In State "vs. Bowden, supra,
it was settled that the power of appointing
to office is not a prerogative
of the governor's office. As corollary
to that decision, it was 'held in State I
vs. Rhame, 92 S. C. 455, and McDowell i
vs. Burnett, supra, that the power of
removal or suspension from office is,
not an inherent function of the chief
executive. It follows, as a result of
those decisions, that .the governor can
neither appoint to office nor suspend 1
or -remove from office, unless the power
to do so is conferred upon him by tne i
J constitution or statutes. It is also'
pointed out in those cases under what
circumstances the power to remotve
or suspend will be implied from ths
power to appoint.
"What is here said must be taken as
especially applicable tc constitutional
officers. Those holding offices created
'by the legislature hold them subject to
* the legislative will. The power that creates
an office can impose such limitations
and conditions upon the manner
of filling it and the tenure and the ex-1
ercise of the duties of the office and I
may modify or abolish any of these or
the office itself, as its wisdom may dictate,
when no provision of the constitution
is contravened in doing so. State
ivs, Rhame, supro; Lillard vs Melton,
"In McDowell vs. Burnett, the dif'
ference between suspension and removal
of officers was pointed out: 'One
is the mere temporary withdrawal of
the power to exercise the duties of an
office; the other is a complete
and final deprivation of officia1
tenure/ In that case and also in state
as. Rhame is was held that the con
ferring of the power of suspension impliedly
denies the power of removal.
The iwo things are essentially different,
and are attended try different consequences',
both to the officer and to
the public. Removal creates a vacancy
in the office which may be filled at
once in the manner prescribed by law;
suspension creates no vacancy, and
where there is no provision of law for j
some other to perform the duties of the i
office by temporary appointment, or'
WE ARE A!
NOW is the time anu t
Chriscmas buying that N
and Fresh, and contains t
Offers in great v
people of all ages e
cause of its choice
If you are asking
season you will g
and superior line
price with others.
l We have provided:
k in innumerable arti
appropriate gifts e
I right thing.
SEE OUR F
I The Best of
AND "JUST WE
otherwise, we would have an office
and an officer, but no one to discharge
the duties of the office, to the 'great inconvenience
of the public for whose
benefit the office wa= created. Hence,
the reason is apparent why the fraraers
of the constitution placed greater
limitation and restrictions upon the
power of suspension than they did
upon the power of removal, ano wny,
in the general grant of the power of
suspension and also in the special
cases in which it is allowed they made
suitable provision for the performance
of the duties of the office by some other
officer or txy a temporary appointee
during the suspension.
"In the case before us the statute
attempts to authorize indefinite sus
pension, XIUl icmpuiaij cuoi/ciWiuu
a step in and incident to removal; and
it makes no provision for the performance
of the duties of the office during
the suspension. As we have seen, the
governor is without power to appoint
any one to discharge the duties of the
office in the place of a sheriff who is
merely suspended. While the suspension
until the end of the term is in
practi-cal effect a removal, it can not
be allowed that effect in law. because
the governor has no power under this
statute to remove a sheriff; and under
no other statute which we have been
able to find has he power to remove a
x " **** -J. i i 1 -3 inn
sn-erm unin cuittr nicu auu
in the manner prescribed by the statutes
which have been enacted under |
the pursuance of the authority con-!
ferred upon the legislature -by section ;
27 of article 3 of the constitution above
"The result is that the go.ernor had
no power to suspend or remove the |
petitioner or to appoint the defendant j
in his place.
"The judgment of this court is that
the attempted suspension of the petitioner
and the appointment of the defendant,
Hough, in this place were
-ix-i'.tVimil oii*V>rvritv /vf law -onH nf nrv P-f
VTl'VliVUX autuui II/,' Vi xu * UJ4V* V * V W. j
feet, and that the petitioner is entitled i
to exercise the duties1 of his office as
sheriff of Kershaw county."
"TIS TO SMILE"
3Ianninsr Says He will Obey Decision
of tlie Supreme Court.
n AT'A.r^ "YTo nniTi rr n ttr-r* roo^in O" '
VJV ? vi uui .uuiiiAii; aivvj : vuump ?
the decision of the supreme court,!
"When I v. as inaugurated governor !
1 READY FOR
his is the opportunity for e
OBODY CAN AFFORD TO I
/""* 1 Cj and you will be
o ins fied_ 0ur New
;he very latest in Original anc
ariety really desirable and u
tnd is a most popular stock in
selections, trustworthy value
where you can buj the best
jet your answer by looking
of attractions and compar:
Gifts for E
for all requirements and the
icles of varying price makes
asy and you can count on get
iAT YOU WANT" IS 01
S BUYERS-COME AND
' last January I took an oath to preserve,
protect and defend the constitution
of this state and of the United
State?. The constitution confers upon
the supreme court the duty of deter-!
mining the constitutionality of acts of
j "Section S41 of the code readc: 'Any
; constable, deputy constable, sheriff or j
magistrate who shall neglect or refuse j
to perform the duties required by this |
- ' 1 1 ? -i- x? . j
cnapter snau De suojeci iv susyeusiwii
by the governor.'
| "Acting under this provision I suspended
the sheriff of Kershaw county
^ for neglect of duty. The s-upreme court
| has held that section 841 of the code is
[ unconstitutional in so far as it relates
to the office of sheriff, and I shall do
l what I expect every other citizen to
j 'do, whether as an official or private
1 individual, to respect the decisions of j
| the supreme court and to obey its de-1
! ovp-pc without. Question."
The regular annual meeting of the j
j shareholders of The National Bank of j
Newberry, S. C., is called to meet at;
the president's office on January 11-th,!
1916, at 12 o'clock M., for the election |
of directors and for the transaction of
any other business that may come up. I
R. D. SMITH,
! December 13, 1915. Cashier.
i 4t i
| ELECTION HEALTH OFJtUlEJK. |
! At a meeting of t'ne board of health j
of Newberry to be held oil Thursday, j
December 30th, 1915, at 4 o'clock in j
I the afternoon, a health officer and a j
secretary will be elected to serve the j
following year, 1916. j
The health officers is fifty-five ($55) j
dollars and the secretary's salary ten
($10) per month.
All applications for these positions
must he in writing and in the nands of
the secretary of this board not later
than 12 o'clock noon on day of said
By order of board.
S. S. Cunningham, Secy.
Births in the State.
Compiled statistics of the number of
births in Sduth Carolina for the first;
nine months of 1915 give a total of!
25,517. They have been classified byI
the bureau of vital statistics as fol- j
lews: White male, 8,166; white fe- j
male. 7.413: negro male, 9,109; ne^r -*;
female. 8,69."; Indian male, 1; un-(
1 ? j
flISS. Come to us- for
both pleased and satisLine
is Bright, Clean
i Novel Attractions.
seful presents for 1
every respect bes
and fair prices,
and cheapest this
through our large
ing qualities and
variety we show
the selection of
/i i i
;nng exactly tne
l DISPLAY !
' BE PLEASED.
fewberry, S. C.
NO SUPERVISION |
INSURANCE DEPARTMENT HE- j
plies to Inquiries. j 3
Probable Reasons of "Warehouse Com- j
missioner For Keeping Silent (
PLIES TO INQUIRIES. B
The State. I
In response to an inquiry relative |
to insurance placed on State warehouses,
Commissioner McMaster wrote
the following letter, which explains
the attitude of the insurance department
and the situation generally:
"Being insurance commissioner, it is
quite natural that persons in the state
s'nould write to me on insurance matters
and probabily the more so in
connection with state insurance .matters.
But my duties and powers as insurance
commissioner are most clearly
defined in the laws. They limit me to
supervision of insurance companies
licensed in the state, of agents of in-!
surance companies licensed in the
state, but t'hey gi.?e me no authority
to inquire into the business of indi- \
vidual citizens of the state and par- i
ticularly have 1 no power to inquire!
into the affairs of other state officers.
A citizen of the stale has a right under
the constitution of the United
States to place his insurance wherever
'he chooses. The only power that the
state has is to prevent agents of unlicensed
companies coming into the
state to adjust losses or otherwise act1
fcr unlicensed companies. Should this
happen it would be my duty to have
such agents arrested and prosecuted.
I share this duty, however, in common
with all citizens of this state wiio
would have the same right.
Authority is Limited.
"I have gone somewhat into detail
in crder that you may clearly under- j
- - - - ^ __ ... !
stand tnat i nave aDsoiuxeiy no au
tLoritiy to inquire into how Commds- ,
sioner McLaurin is placing 'his insur- j
ance or where he is placing it. j
"As a matter of fact, Mr.. McLaurin !
of bis own motion has assured me
more ^han once that all of his insurI
ance is placed in licensed companies
in the state. I am fu'ly persuaded by
what he teils me and by what Mr
White has tcld me that the insurance ?
is perfectly safe. J
"Of course it is entirely in Mr. Mc-,'
I.a : in's pow; r to make public cr to J
keep sileni what he is doing and how 1
ae is doing it. He seems to think it
wise to remain silent. To some extent
I can appreciate the necessity for this ;
and as possibly bearing 011 the sit
:ation I would say that the local
agency force of the state, speaking
by and large, is bound 'hand and foot
by the rates, rules1 ana c:assincanons j
of the Southeastern Underwriters as- i
sociation. However much the local
agent might wish to see rates reduced, j
Je is utterly unable to secure this of J
his own motion. So far as he is concerned
the rate promulgated by the j
3. E. U. A, is the only rate he can j
write insurance upon.
"There are a number of companies j
not members of the S. E. U. A>. and i
some of these companies are willing j
to write certain classes of risks at
less rates than those promulgated by i
trie S. E. U. A. But I suspect that I
when they do so they pay less com-;
mission than local agents generally'
receive. I suppose this requires particular
dealings with particular agents.
Tiv.?o ATvohioc fh-pftp nartifiii'Lar azents
to write insurance on property previously
controlled by other local
agents. Naturally this sets the other
local agents against these particular
agents and possibly-would cause these
local agents to do what they could to
have the local agents generally m
throughout the state to make reprisals
upon the company which had
granted reduce^ rates. ..
Reason* for Secrecy.
"Apparently Mr. McLaurin feels thai ]if
'he makes public what he is doing
it will bring down upon the companies
in which lie is placing the insur-;
ance the wrath of the locaf agents gen-'
erally and possible it may seriously
embarrass these companies, for my
understanding is that there are screws
that may be turned in the North, and
elsewhere against companies which do
not c-bc-y the S. E. U. A. rates. j
"The situation is very much involved,
appears to me to be very delicate
and my judgment is that the power
and the ramifications of influence of
the companies composing the S. E. U.
A. practically require Commissioner
Vcl aurin to act as he is aetin'g.
"Put all this is written entirely on
my own motion without consultation
with Commissioner lY-cLaurin and simply
is my own judgment of the situation.
"I have nothing whatever to do with
his placing insurance. I have no power
to inquire where he is placing it and
my sc'e duty is to seek to prevent tile
adjustment of losses in unauthorized
companies and upon evidence of the
fact to enforce the resident agents'
law of the state, which requires all
insurance to be written through local
agents." j -
"Christmas: Hail to the New Born'
King," will be rendered in Pomaria
Lutheran pastorate as follows: At
Bethlehem, Sunday, December 26, at
1 a. m.; at St. Matthews, Monday, De:ember
27, at 11 o'clock. This is an
50 Shares Security Loa:
16 Shares Mollohon 1\
6 Shares Oakland Comi
4 Shares Mollohon Corr
It is better to have it a;
need it and not have it.
Don't you want some F
J. A. I
.HIIIHI ^ 1 mi"! >? ?i l i iKwnnMm
No lore l
Link with yo
graved. T. IV
Watch Fixer c
will sell them
I ui uaic i
We will sell at
premises to the hi
'The Blease pro
and Thompson St:
Terms of Sale:
Balance one and t
Plat of lots can
of Frank R. Hunt<
FRANK R. HU
B. B. KAIR, Ai
' 'vl ~ -ft. r'j
be worth a trip. A cordial welcome to
exceptionally fine service of songs,
readings and recitations and will be
well rendered. A male quartet with
obligaot, "0 Beautiful Star," will well
all. S. C. Ballentine,
n and Investment Comi.
rid not need it than to
ur name en[.
to you and
a Free of
auction on the
- IkH 'r <
perty on lviam
One third cash,
be seen at office
in i hk, Agent |