Historical Newspapers of South Carolina

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judicial action when all the other A embers of the executive department no are concerned and oding the same V thing when the chief of the execu- ti #ive department is concerned. 'i Confliciin Decisions d There is great and ireconcilable conflict among the authorities on the q question as to whether a writ of man- e damns may issue against the gover nor. On one hand in Alabama, Cali fornia, Colorado, Montana, Nebra'ska, North Carolina, Ohio, it has been de cided that suoh writ will issue. While 1 on the other hand in Arkansas, Flor- t ida, Georgia, Illinois, etc., jurisdiction P to kssue such writ against the gov ernor is denied. We have.no case in this state which is controlling on the i question at issue. The nearest ap- 0 proach is-.Greer against Gov. Taylor, 0 -in wihich the court held that the writ i of.prohibition will not lie against the n governor to restrain him from grant- n ,ing a commission to an officer who g has been improperly elected. As the a writ of prohibition only goes to pre- it vent an inferior judicial tribunal or n officer from acting without or in ex- a cess of jurisdiction, it is manifest n that prohibition would not lie ag-ainst1 the governor to prevent the perfor- r manlce of a non-judicial act. such as I S.issuing a commnission to an officer, a h - duty strictly political and executive. The principle that may be drawn t] from that case is that, a court wjll not 11 restrain a performance of an execu- S tive duty imposed upon the governor t by the constitution." t The court then reviews a number 0 of authorities in cases brought in h other states as nearly like the casd e under consideration as could be ob tained. It then says: Case On Principle. "As we have no controlling case in this state we will consider the ques tion on principle. The writ of certi orari is issued by a superior court to an inferior judicial or quasi judicial tribunal or officer to certify the re cord of trial to the superior court for its review to ascertain whether the inferior tribunal had jurisdiction or exceeded its powers or committed substantial errors of law, but not to review the facts. ,t is suggested tha.t a governor can never be an inferior tribunal since he is the supreme Cx ecutive officer. This reason would be impregnable if the constitution, which vested the supreme and circuit courts with judicial power had at the same time created the governor a judicial tribunal or made it his executive filction to remove officers for cause after notice and opportunity of hear ing. Then it could be said the pow er of removal, whether judicial or executive, was a coordinate power be yond control of the regular courts just as the high court of impeach- 8 ment could be. In this case, however, n the governor does not derive his pow- n er to remove directly from the con- A stitution, but by creation of an act I of the legislature. Therefore, if the power to remove officeers is judicial, e, the tribunal designated to exeriese a the powver is judicial, and must of r, necessity be an inferiot' jurisdiction v in a legal sense, because the legisla- E ture is wholly withiout power to cre ate a judicial tribunal which is not n inferior to the judicial power vested * in the courts. The fact that the pow er was conferred on the governor may have force in determining whether the intention was to create the gov ernor into a judicial tribunal, but if admitted that the governor had been * created such judicial tribunal b)y act e of the legislature it follows inevita bly that with respect~ to such fune t.ions he would be0 sub)ject to review -by such tribunal. Several reasons aesuggested against this view. One governor the court wiould have no pwrto enforce its mandate. That is apoltical raso, nt alegal rea so.The adequacy of the court's g power to enforce its judgments can never 1)e a test of jurisdiction. The duty of the court is to dec?are the law a'nd it must always rely upon the executive department to execute the a law declared, in any defiant con- C troversy between the judiciary and either of the other coordinate de partments the judiciary will prove weakest. It carries neither person or sword. The strength of its man 'date must lie in the righteousness, in the confidence the people may have in the knowvledge and integrity of the court, in the necessity of civil liberty that there be a final arbiter as toa what is law, in the duty of the exc cutive to enforce that law, and in this last reliance it is not* conceivable V 7:that there will be any disappoint ment. It is further said that a writn which runs in the name of the state can not go against the supreme excu tive of the state, that sovereignty can "not be opposed to sovereignty. This thought is founded in an incorrect C con ception of our republican form ofA government. There is but one sover nenty, the people, spainthrough. lie constitution. The three depart ents are but arms of that sovereign. Then the question or duty is legisla ve all sovereignty sustains the leg dative arm, when -the question or uty is executive all sovereignty up olds the executive arm, when the aestion or duty is judicial all sover gnty supports the judicial arm. The imous expression by Chief Justice [arshall may be applied even more )rci'bly to certiorari: 'It is not by ie ofice of the perso-n to whom the 'it is directed, but the nature of ec thing to be done, that the pro riety or impropriety of issuing a andamus is to be determined.' "For the purpose of this question may be conceded that the weight r authority and reason are in favor C the View that mandamus shall not e to the governor to compel perfor iance of executive duty, whether inisterial or not, since there be no :od ground of a distinction between n executive duty which is minister I and one that is not. But manda ins and certiorari rest on distinct nid opposite priuciples; the former ever goes to control judgment, while le la ter nlever -oces except to re (ew an d i 1 1 o (1 .111c1 on o iI I 1mleni (lit. [Pence we thinik thant courtsl which ic Voveriinr may eonsistently hold lat certiorari will lie, if' the gover or is vestel by tile legislature with amIne judicial. fulnetion. Here lies ie point in the contention of peti oners, but here also is the strength E the plea to the jurisdiction. The ,gislature has not invested the gov rnior with any judicial function in Take Care ol Physical Education means the hig lore of business and the dollar than I le. Lack of exercise b,ings direful rest our body? It is a crime to do so. S trong and uplift the man who is on the ieans of the blood exercise benefits t iuscles not ronly benefits their struct ly method is based on entirely scient ian in good health. I Teach Deep Breathing. Can yo aff than to neglect your lungs? Ask nything but weakness and disease. equired. Untold physical benefits cor ention of Indigestion, Constipation,] risomnma. Results-Development. Strengh, E~ len and boys, also ladies. Telephone No. 95, Hotel Frederick. Echoes Fr Am well pleased with your course and JAS. ( I would not be without the knowledge r your charges. W Any one in doubt will have all doubts G: Your course is well worth the charges Your method is scientific, rational, lad to endorse your work. J. P. MATHEWS, Cs I would not part with the knowledge; nid benefits derived, for five times ass here is singing your praises and cc Have been much benefited and am sat -J. A. BROC] The benefits I have derived cannot be I cordially commend your systemi re largely sedentary C. B. E. Am much pleased with the course and I consider it the best investment I any times the cost to me. M. LANGFORD, Book Keeper with Mr. Frank S. Barnes, Book Keeper says:, "Throw physic to the dogs," and tak dJams, iffyou would have your liver, lu ided to. I have been so greatly b fely say, "Vene Vidi Viol.". the matter of removing a dispensary o offieer. The power of removal was a vested in the governor as governor I and is essentially a political, gov- t ernmental executive duty, and there- 1 fore beyond the control of the judi ciary. The New York court of ap- f< peq,)s held that 'Constitution 10, see- % tion 1, vesting power in the governor 1) to remove officers desigiated therein ei on charges and after hearing is ex- e: ecutive and not judicial in thie exer- b cise of that power is not reviewable Y by the courts.' For stronger reason the power of removal in this case is executive, as there is no requirement that the removal shall be for cause on charges after hearing.'" Justice Gary's Decision. Justice Gary, in concurring, says: ''I concur on the grounds, first that the proceedings presenit merely a speculative question; second, that the governor in this case is not subject to the writ of certiorari, but I do not assent to the (loctrine that he is sub- ( ject to such writ in my ease.'' An Author Waitress. A -)II y Nn .41w11man writer recenitly w to0 w in a tnik hmlehI res fanr ,a t oil' New York and served ad. no4ths " waitinol'i' and "alher in. maeriail 1'4r her article, ' 'Trie )iary if All A mat eu rl IAa it ress, I "l thaIi,t is 111w ilpearing in McClure's. 'That Miss Youngi1er1 's investigationl and h a ld tudy of tile soiolo.ieal condi tions she found is of permaneit val lie is evidenced by the April instal- 0 meat of her ''Diary.'' She tells of conlitions uin(ler which she worked, e C Your Body. 0 a C f a A dier Physical Life. The man who thinks A ie does of his body is sure to have trou. L ilts, sickness, decay, death. Why neglect. cientific exercise will keep the well man road leading to physical declension. By he entire body. The employment of the ure, but acts on the system throughout. ifie facts. It is just the thing to keep a ..hn fagetr rm gis or yoursel if shloCrahigcnma Onlyfly miute a dy i yor rom s ieriousess, Dysepsa Themawotis an ieath.sCoasss boy iseing ogavied fror ilSies deS.Cy ADAth. Whyngect roadleadingame hya demesod. B heetr body.Cahie BankoyGrentwofod. ofurbu ctse fo ten systes throughount f. fa. OLLOWAY, Grethngood kee C. emhiof atetecimte ainstsour yourel if shallw breathngod can mea On fIve meines dray bent yourerom.i an frondut.v Nthin better forlthe pre yilouhaetagh Dysesa rhieumtim ad mendinglse ou bengoraik. o See TM.S.GIBADES, Dr,Clmi,ct. C ifed th sae hawonemegod .SL,Csie Bank of Gre newoo . C oyorcacuraedi fors tend tiesntheamun . J. CRAYTONY, Grenwdeo, S. C. ';ovll afte takeilngt the rsteives ARLE,. ANDREaLW, Grenwdero, S. C. RW... RILGS, Smeril, S. C. evermade.cTve tourette halth.e worth shierPlettoganCo, Columial, S. C. fou thee tgtone reie toeenvlle,dy he coust of structionr memder of. the ns,ad itomche work a hywr n calculted n dolrshi ndens ., - f extraordinary methods of man genent in many of these, and of or final rise to a position whicl% is le ambition. of most quick lunch 'aitress. Aside from the purely sociological 3atures of the writing, the reader 1ho is unfamiliar with how a great ortion of New York lunches and it, will find much information and atertainnient in this unique stu'dy y so observant a writer as Miss ounger. ALL KIND f Plumbing Done on 3hort Notice J. W. WHITE, ARUSO'S SUCCESS IN EUROPE aruso's rather trying experiences ist April, in San Francisco, where te great tenor was obliged to sleep vo nights in the open air, did not ;,ve any bad effects on his glorious nice, as his success in the London pera was greater than ever. He iere appeared in several new roles otably, "The Lieutenant in Puc ni's," "Madame Butterfly," giv ig a performance which astonished ondon. After his London season, the ten r filled engagements in Germany ad Austria, where he was received ith enthusiasm, it seems that Amer a is not alone in its conversion to ARUSOISM. 0 to SALTER'S ART & VARIETY STORE ad hear Caruso sing, FREE, the ictor does it. All style Victors :om $10 to $100. HARLESTON & WESTERN CAR OLINA RY. chedule in effect January 27, 1907. v. Newberry(C. N. & L.) 12:36 p. m. .r. Laurens 1:42 p. m, V.' Laurens (C. & W. C.) 2:10 p. m r. Greenville 3:35 p. m v. Laurens 2:07 p. m .r. Splirtan burg' 3:40 p.m. v. Spartanhurg (So. Ry) 3:50 p. m P. Plo' Homness *Barb ield and Po line of I Newber1 Ar. Henderson.ville 6:25 p. m. i Ar. Asheville 7:30 p. m. Lv. Laurens (C. & W. C.) 1:50 p. m. Ar. Greenwood 2:46 p. m. Ar. McCormick 3:40 p.m. Ar. Augusta 5:30 p. m. Pullman Chair Cars between Au gusta, Laurens and Asheville, tri weekly. Leave Augusta Tuesdays, Thursday and Saturdays ;leave Ashe ville Mondays, Wednesdays and Fri COLE GUANO E Don't wait until we sell out of send us your orders now as we I hand. You only know how bad It and can't get It. They run shc We carry a large and complet phalt Felt Roofings and Tarred f ply you at the lowest price, and quality. We are expecting a sh few days and can make you the We are prepared to make you ve Sash, Sash Weights, Sash C Lime and Cement. The largest and besi matter what you ar Summer The Place to Buy w Get Made and Wire, Ct Vire Nai5 ultry Fencing Iardware in ft ry Hards, lays. Note: The above arrivals and de )artures, as well as connections with >ther companies, are given as infor nation, and are not guaranteed. Ernest Williams, Can. Pass. Agt., Augusta, Ga. Geo. T. Bryan, Gen. Agt., Greenville, S. C. IISTRI BUTOR. Cole Guaino Distributors, but )ave only a limited stock on you need one when you want rt every season, so don't delay. E[rC- st e stock of Steel Roofings, As Daper Roofings, and can sup can give you the goods of Ipment of Gravel Roofing in price. SEE US. ry intsresting prices on Doors ord, Locks, Hinges," Etc., : stock in town, no offered. SEE US. Bros.Co Your Hardware. ars, Repaired it and and the best ie State. vare Co.