Historical Newspapers of South Carolina

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■ THE NEWBERRY SUN FRIDAY, AUGUST 23, 1946 1218 College Street NEWBERRY, SOUTH CAROLINA O. F. ARlMFIELD Editor and Publisher Published Every Friday in the Year Entered as second-class matter December 6, 1937, at the postoffice at Newberry, South Carolina, under the Act of Congress of March 3, 1879. LEGISLATURE USURPS GOVERNOR’S POWER BY SPECTATOR Has the Governor of South Carolina any power? He'has some legal powers that are generally conceded; and he has other constitu tional powers that the Governors have let the Legislature usurp; he also has the great oppor- tnity to use the governorship as a platform from which to address the people. The inherent dignity of the ’■overnorship commands a hearing, whenever the Governor has anything to say. The people incline his way. It is a great opportunity. What does the constitution say of the pow ers of the Governor? “The supreme execu tive authority of the State shall be vested in a Chief Magistrate, who dhall be styled ‘The Gov ernor of the State of South Carolina’.” The men who adopted our constitution meant just that. They did not mean that the Governor should be a genial nonentity, devoting his time to proclamations on “Baby Day”; “Uncles’ Day” and the “Preservation of Grandfather's pipe”. The Constitution of the United States was the guide. It confers vast powers on the President in these words: The executive power shall be vested in a President of the United States of >America”. But our people, with that before them, conferred on the Governor "the Supreme executive authority of the State. Supreme! They meant something by that. The President appoints all executive offi cers. The word “appoint” and the word “Commission” are used interchangeably, for the President may grant commissions tem porarily when the Senate is in recess. The Gov ernor has this power of appointment and should assert it. “He shall commission all of- . ficers of the State”. That didn't merely require him to do work like a clerk. That clearly vested in the Governor the power of appoint ment. As further proof, I may cite that an other section prescribes that Commissions and grants must be signed by the governor and ^ countersigned by the Secretary of State. ll would be foolish to have those two sections meaning the same thing. Furthermore, the same language is used in indicating the Gov ernor’s relation to other executive officials that is used with reference to the President and his appointees—“They shall give him infor mation in writing upon any subject relating to the duties of their respective offices,” etc. The purpose of that is not merely to clutter up the Governor’s desk, but to enable him to govern. The Constitution, after fully empowering the Governor to make all appointments, sets out to limit that power by prescribing that some officials shall be chosen by the Legisla ture. That is a contradiction, but certainly is the only limitation which can be lawfully set on the Governor’s prerogative to appoint. A con tentious Governor might even construe the grant of appointing power as conclusive, disre garding the contradiction. That would re quire a Ben Tillman, with Legislature and court devoted to him. If the Governor be conceded the power ol appointment, the power of removal follows, un- % less specifically restricted by the Constitution. The Constitution does . prescribe the procedure in cases of an officer charged with embezle- ment of public funds, but in view of the plen ary grant of power to the Governor any re strictions of that must be stricty construed. 1 think the Governor clearly empowered to re move other officials, whether elected by the people, or the Legislature, or appointed by the Governor. Such interpretations is within the spirit of the case of United States V. Myers, sustaining President Wilson's removal of a postmaster. The Governor has the power to veto a bill. In that case it cannot become a law unless passed over the veto by two-thirds of each House. That is quite a power. But not only may the Governor use the veto, but he may veto any item of a bill. This is a power which the President has not, though all Presidents have earnestly desired it. The President must sign or veto the whole bill, but the Governor may veto separate items in a bill. While this has been interpreted to refer only to items in any appropriation bill I think a fai, construct ion of the section indicates the power to veto any section. The Constitution says just that— any Bill, the section as a whole referring to the veto power, generally. The leadership which is a part of the Gov ernor’s office is a wondrous opportunity. The papers and radios will carry what he says, whenever he has anything to say. President Roosevelt was so pursuasive over the radio that the Congress gave him blank checks. There are few with the charm of Mr. Roosevelt, but a Governor has the opportunity of going to the people. The Governor should insist that the Budget Commission be composed of Executive officers. The present legislative membership of that Commission is in express vialotion of the Con stitution which says very clearly: "In the gov ernment of this State the legislative, executive and judicial powers of the Government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall as sume or discharge the duties of any other.” The Appropriation Bill is legislative, but the Budget is Executive. No member of the Legis lature should be on the Budget Commission. Nor should the Budget Commission be auth orized to take or use money from the treasury except as the Legislature may have appropriated it specifically. This leaves no doubt. "Money shall be drawn from Treasury only in pursuance of appropriations made by law.” . . . Not blan ket discretionary authorizations. I do not know why certain Legislative chairmen should be ex- oficio members of the Boards of State institu tions. This separation of departents prohibits any legislator from holding an executive posi tion. The Governorship is, by whatever criterion, a great office, potentially. The Lieutenant Governor is not merely a possible Governor, but has functions today as presiding officer of the Senate. The power to appoint Senate Committee is not a Constitu tional one and could be taken from him, but he has the power to refuse to sign an Act. In the exercise of this power he can throw out bob tailed bills. County Government is a queer institution to day. A handful of people in a howling wild erness can incorporate themselves into a town, with police, licensing and taxing powers. But the County with a dozen large towns and small municipalities, and with two or three times as many people in the rural districts, has no self-government worthy of the name. It is tied to the State Legislature, though the parti cipation of the Governor and the Legislature in County government is the merest make-believe. The taxes for the County are voted by the Legislature and the act signed by the Governor as a thing of no importance. The Senator from a County can block anything which affects his county; and the Senator and Representatives from a County do whatever pleases them, the concurrence of the Legislature and the Gov ernor being assured. Ordinarily no one knows what a local bill is. If Senator X wants it—OK. The Senator X will remember Senator Y. It is a small dictatorship within the framework of the Constitution, but a farce, not always even a solemn farce, being at times very frivolous. Just observe the foolishness of this: Any village can attend to its local matters within its borders, but a great County must go through the folly of being legislated for in Columbia. The result is that no one knows what has been done until the County officers revive a copy of the County Supply Bill. The Constitution authorizes the Legislature to empower a local board to levy local taxes. That should be done; and the local authority is the County Board of Commissioners or Dir ectors. The County Delegation have no valid authority for the practice of Constituting them selves a County Administrative Board. Let us bring the County administration and legislation into the open, and have self-government in the place of the local legislative dictatorship found in most counties. I have not heard of any candidates advocat ing a central purchasing plan for the State and its widespread and multiple activities. Certainly this is desirable. Has anyone disucssed the Industrial Commis sion and Unemployment Compensation law? Did you know that you as a citizen have no right to information relative to claims paid by the Industrial Commission? Why doesn’t the Commission sit as a whole, make awards as a whole Commission, and publish the awards, in cluding the names of attorneys appearing, as the Supreme Court does? Do you know that business pays heavy insur ance premiums for liability insurance? Do you know that an employer can be heav ily penalized because foi.ner employees have been laid off by subsequent employers who are not covered by the Unemployment Compensa tion Act? Do you know that a man or a concern can be sued for fifty thousand dollars an a flimsy ground? Regardless of the verdict and the final judgment, that is a contingent liability for some months? Why do we not regulate that? A Judge presiding in a homicide case, or any other case, has certain brackets for his guidance and control. He doesn't sentence X today to twenty years and Y tomorrow for one year, for the same offence. The Government of the State should be ad ministered like a business; it should be studied as a business. Of course we need not expect to forget political considerations, for politics we shall always have with us—certainly in deal ing with our friends. However, we can be strict and austerely virtious in dealing with those in whom we are not interested. I have suggested nothing revolutionary. Rather, I have pointed out some matters of general interest. We have good people; the very safety of the nation may depend on the South, and, in large measure, on the intelligence and courage of our people. The constant en croachments by the Federal Government, es pecially by the strained interpretations of law by the Federal Attorney General and the United States Supreme Court, make it eminently de sirable that this State shall choose a Governor who will not surrender the just powers of the State. We are invaded openly by the Federal power; and we are invaded insidiously by poli tical groups of foreign origin and un-American schemes; we are suffering and infiltration of Communism which saps the vital strength of America; and we are becoming the victims of politicians who sponsor and promote menacing measures of foreign totalitarian inspiration be cause they hope to ride on the bandwagon of the bureaucracy which would gnaw at the na tion’s vitals, as the fox did the Spartan lad. Capt. E. H. Bradley Capt .Enoch H. Bradley, 46, died suddenly of a heart attack at his home in Leesville, La., Sunday, August 11. He had been a mem ber of the United States Army for the past 25 years, and had plan ed to retire in the early part of next year. Captain Bradley enlisted in the Army at Fort Jackson in 1921 and served at the following stations: Fort McPhearson, Ga., Fort Win gate, N. Mex., and Fort Schafter, H. I., where he was stationed during the Pearl Harbor attack. Military funeral services were held in Marietta, Ga., Thursday morning August 15th in the Ma rietta National cemetery. He is survived by his wife, the former Miss Lola Mosseler of Ak ron, Ohio; his mother, Mrs. E. J. Bradley, Newberry; two sisters, Mrs. I'rances Hazel and Mrs. Pearl Boland; three brothers, Alfred and Charlie Bradley of Newberry, and Capt. Victor Bradley, a mem ber of the Army and now serving in Yokohoma, Japan. NEWBERRY CITY SCHOOLS Begin August 29, 1946 The session 1946-47 of the Newberry City Schools will begin Thursday morning, August 29, at nine o'clock, at which time all new students and all conditioned students will report for registration and examination. All students, both new and old, are asked to report to their respective schools on Friday morning at nine o'clock for lesson assignments, renting of textbooks, and other necessary preliminary matters. It is very necessary that every student be present on this day. Regular clashes will be held on Monday, September 2nd, and every student is urged to be present with well prepared lessons. 0. B. CANNON, Supt. I want to express my deep gratitude to the Democratic voters in South Carolina for the handsome lead you gave me in the first primary. I am confident that you will keep up the good work. I am proud to tell my friends throughout the State that the voters of Edgefield County, the County where I was born and raised and where the people have known me since I was a boy, gave me 91% of the total votes cast by them in the Governor's race. I welcome the support of every Democrat in every section of South Carolina and will sincere ly appreciate their votes and help in the second primary. THURMOND for GOVERNOR TL£ EXPERIENCED PUBLIC SERVANT HENRY WALTER WERTZ / who has returned from the service of his country 7 b Now Back With Us * and welcomes his friends and form- er customer to call upon him for any services. LAKE’S MACHINE SHOP Madam Louise Palmist Reader 7th daughter of 7th generation born with double veil. Answers all questions. Givas names, when married, to whom, and names of friends and enemies. Tells your past as you alone know it. Your present as it is, your fhture as it will be. Advice on love, courtship, marriage, divorce, wills, deeds, speculation and business, lost and stolen property. I have suc ceeded where other readers failed. One visit is worth columns of self praise. I tell you any or all changes you should or should not make. Minutes of consultation with me will save you (money and hours of worry. It is never too late for good advice. Satisfaction guaranteed. Hours 9 a. m. to 10 p. m. daily and Sunday. Readings for both white and colored. Price in reach of all. Look for Studio Trailer and sign. Located at Hawkins Service Station On College St. Extension—the Cut-Off Fender & Body Work Have your Fenders and Body straighten ed by Expert Body Men. 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