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/.it Mi? it WATCHMAN. Eeuiwhwhed April. 185?. 'lie Just and Fear not?Lef all the ends Thou Almst at be thy Country's, Thy God's and Truth's." TUE TR?E SOUTHRON, Established Jane, Cou?o.idated Au*. 3, 1881. SUKTER, S. C WEDNESDAY, JUNE 5, 1912. mm mm m. Text of Act Providing New Gov? ernment for Sumter. The I I.Ii..\? ma I* the Comralaelon Form of <io\emmcm I aw I na? o d a* O* IS 12 Season of the LogUla tore and tml<T Which the Election Will tu Hehl June llth. The following is the Act under which the flection will be held June llth t. determine whether or not tho ON]! ot gajgatga ?hall adopt the Cotn miaaloti Form ot Government. The Acte of the 1*1J session of the 'Jen eral Assembly have not yet been a eued In printed form and a certified copy of thla Act waa obtained fron the Secretary of State: An Act to Kegulate the Holding of Elections |pf the Commlwlon Foim of Government In Cities of Over Four Thouaand Inhubitanta. and to Provide for the Adoption of Seid Form of Government in Cltiea of Over Ten Thousand and Less Than Twenty Thousand Inhabitants, and Citlee of Over Fifty Thousand aid Lev* Than One Hundred Thous? and Inhabitants, and In Certain Citlee Named Herein. Section 1. Be It enacted by the General Assembly of the State ot Seuth Carolina, That before the elec? tion In any city of over four thous? and inhabitants In this 8tate on the adoption of the Commission Form of Government shall be h?ld, the books tl registration of electors, both muni? cipal and county in which said I "ty? ke eltuate. ahall be open for the reg? istration of electors for three months In citlee of more than ten thousand Inhabitants, and for three weeka in Cltle? of least than ten thouaand in? habitants, each day of the week es> IMltVflgMlisgft^l rtve hours per "W'Y.^nWX cloved after said tars* months at least thirty days be? fore aald election. Section 4. The provisions of this Act providing a form of government, known as the commission form for cities herein classified, shall be know n aa the Article VIII of Chapter X'\ of the Code of Lgftg g| South GSfO Una. ltOJ. ? ? ? Sim ti n 9. There shall be no party primary nomination.* of any person as a candidate .or mayor or gg mcd man. unless the aald party primary ? let tlon be conducted and the <iua l flcatlons for suffrage therein be en? forced aa herein provided. The pri? mary elect on of my party for nmi i natlng mayor and conncilmen alaaU be held on the second Tuesday pre ng the municipal election, and ahall be < onducted by the dulv a~> r.oird n Oosasaksahiaen of Election and Hoard of Managers of Elections for th,. t.itd munlpical ele - ?b" shall te paid as for tho holding of said municipal election, and ahall ...rulu' c the primary tjge> tlun? at the same places and in tho same manner and with the enf>>i ment of the same r. Sjtttl ? iiinits of ragistrate.p f..r suffrage as in the municipal election, having a separate box for each organized poUtloa! party In said city, and for any vio? lation of th#? law govsfmfgg 11m gams ahall l>e subject to the same punish? ment u* In violation of the law gov? erning oth< t Ions Pro\ ided, however. That no person ?hall gg '1 lowed to vote In any primary election unless he be a in ont.er of aald party snd niak?. oath to that effect, g| BjfOa \lded by the nil-* of sa Id parly; Provided, further. That no primary ggf tlon shall be reld for any political party gg?#S? the chief otllcer. or ofll ceia In the city organization, alaSltl notify the mayor and the chairman ? f th,. BsS)fd o( Commissioners of Fl?-> tiSjgej NSJ the municipal election at least five days ggf Oft tin flno" f..r the holding of the party primary He'tlon that the .-cud pohtkal party de?lres a primary election. ,md .it asjsh prim .ry eb < tlon three geeaitbers of asjsh political party, dui\ appoint? ed for the purposo by the proper oi!l ? . f the party;, -sha 11 gerrs the right ?,. i.. preaent .t e oh polling pre. in. t und advise th.? manaa r* if any ggf? Sog offer i na* to \ ..r. in agld party pri mar> he re>t a member of said party nd nl. protest aa irround f'?r legal ..nt??t iri rase ?u h person ??*? allow . .| to rote by the legal managers. No ballot caat In sa d primary election ? hall he i ounted f'u am person w ho Shall m t have tiled with the chair iii in of thf Heard of Commissioners of Elections the pledge as to corrupt practice.* and the itemized state? ments as to expenditures, as provid? ed In an Ao% making certain offenses i in primary elections misdemeanors, and prescribing penalties therefor, 'approved March ?'?, 11)05, Volume \.\1V of the Statutes, at page 1*49.1 The Hoard of Commissioners of Election! shall cause the names of all ' candidates n the primary election, classed according to their party af? filiation, to be published in the d> ily newspapers of the city from the time that th?y have become qualified as j ! candidate* up to and including the' 'day of the primary election; and the j said Board shall provide the printed I ballots to be used In the said pri- | mary elections, the names of candl- | dates for mayor, and also, separately, the names of the candidates for coun cllmen. armnged alphabeticlly; the ballots in each case to bear the words: "Vote for (the number to be elected)." The candidate receiv? ing the largest majority void shall be declared elected. In COfi a primary election do not result in a majority and larger vote for the number of j persons to be elected In the regular j municipal election, a second primary shall be had on the seventh day after the first primary, In which second primary the ballots shall contain, for each position for which choice Is to be made, the names of two persons | ?rthose receiving the highest vote at the preceding primary election. Section 10. Any person who shall I perform, or agree to perform, any service Jn the Interest of any candi? date for any office provided for in this act (whether in connection with the primary election nomination or In connection with the municipal elec? tion, or In connection with the obtain? ing and filing of the petition required lo reln). In consideration of any m >n ey or otner valuable thing, or for f" ture support In obtaining office, shall be punished by a line not exceeding live hundred ($500) dollars, or Im? prisonment not exceeding one 1) year, and any candidate, or other per? son, who shall solicit or contract lor, or otherwise seek or obtain, such ser? vice! in the Interest of or against a candidacy for mayor or councilm in, or for or against any question that may be submitted to an sletclon, or shall pay any money for said service Of promise any valuable thing for such gonrtoe, or to Influence any elec? tor In his vote, shall be punbhed In the same manner, and any person making false answers to any of the provislors of this Act relative to his OOalMoal ions to vote at uny elec? tion herein provided for, any person wilfully voting or offering to vote at inch eie tion when not Qualified as herein trovlded, and any person knowing y procuring, aiding or aba? ting any violation of any of the pro? visions herein, shall be guilty of a mtsdemeanor, and, ppon oonvlctlon. shall he fined red exceeding five hun? dred ($.*no) dollars, or Imprisoned not Saceedlng one ( I ) year, and all other provisions of law now applying to bribery or corruption of other Im? proper practices in connection with elections shall likewise apply t?? tic elections herein referred to. BSCt lOS II? The (Apense of eaell i ad e\, r\ election prv\ Idsd for In tin- Srtlcle, including advertisement, provlalons uf ballots and any other Item, shall be paid out of the city treasury, upon the warrant ot the chairman of the Hoard of Uommla? SlonefS of Election-. Section l::. The council shall have, lessees* ,{fu\ exercise all executive , legislate ?? und nidi' id powers and duties conferred upon such city, ur theretofore belonging lo It, with the power to establish iu< h subordinate officers as the] may tee tit. ami assign lo them appropriate duties, subject to the council, Hob member of the council shall give to the duties of his ode e all the time that may be need* cd tor tin- most efficient ? onduct ot the affairs of the city, and shall keep regular office hours of not less than two hours dally, except Sunday. lection 16? Every ordinance oi resolution appropriating money or ordering any atreet Improvement or ?ewer, or making or authorizing the making of any oontact or granting any franchise or right |o occupy or use th< afreets, hlghwayii bridgei or public ?lacei In the city for any pur? pose, shall be complete In the form in which it is fin illy passed, and In lUCh form remain on tile with the olty clerk, open to public inspection at least one week before the final pas? sage 01 adoption thereof. Sec tion 1?>. No officer or employee elected or appointed in any such city shall b*l interested, directly or indi? rectly, in any contract, or job, ior work rr materials, or the pioflts thereof or any services to be fur? nished or performed for the city, or for any psrSOg, firm or corporation operating lnterurban or street rail? ways, v aterworks, gas works, electric light or power plants, heating plants, telegraph or telephone system, or oth? er public utility within the territorial limits cf said city, or doing business or proy osing to do business in said city. No such officer or employee shall a< cept or receive, directly or in? directly, from any person, firm or cor? poration operating within the terri? torial limit! of said city any such pub? lic util ties company, or other busi? ness under a public franchise any frank, free ticket or free service, or any other service, upon terms more favorable than are granted to the public irenerally, or request or Induce the granting of any such favor to any other person. Any violation of the , provisic ns of this section shall be a misdomeanor, punishable by a tine of not less than one hundred ($100) dollars nor more than five thousand ($5,000? dollars, or by imprisonment for not less than one (1) month nor more than five years; Provided, how? ever, That the policemen and fire? men in uniform shall have the right to free transportation upon any street railway within the limits of 3ald city. Section 17. The mayor or any councilman may be removed from of? fice in the following manner: When? ever qualified, registered electors of said city, equal in number to at least twenty per centum of the entire vote cast at the primary election which chose tUe candidates at the last pre? ceding municipal election, file with the Governor a petition demanding the removal of the mayor or any councilman, and stating the grounds for such demand, the signature to the sail petition showing the place of residence and the occupation of each olgfisr, and stating that he is it quollfloi registered slsotor of said city, sa d petition being duly Verified as to tl ose facts by one or more per? sons uro make affidavit-- on said pe? tition bh to any stated number of said petitioners, the said QoVSmor shall order an election for a day not later than thirty C<? > days and not earlier than two < U ) weeks after the filing of the said petition with the said Governor: said election to be con? ducted by the Board of Commission? ers Of Selections and the Managers of Bloc h?ns, undor ths rules and reg? ulation;- and penalties applying to other e ectlons, at Which election the said B >ard <>f Commissioners of Election shall provide ballots, on which Hhall b,. placed the name of the mayor <^r councilman whose re? moval the petitioners had demanded, and also the name or names of any other candidate, or candidates, for the pos tlon then held by the said mayor >r councilman, the said bal? lot to be prepared at least five (5) days before the date of the election. The pi rson receiving the majority Of the VOteS cast in the said election shall hold the office during the unex plrod term, and the incumbent shall not be removed unless a majority vote Is received by some other per? son; but In < ase there be no election, a second election shall be held, at which Ihe bolloti shall contain only the names of the Incumbent and of bis opp went who receive d the high? est vote at tho preceding election; the sab election to be held on Ihe third day after the first election, tin Iowa del iyed by a contest aa to the result of the election, In which case tin- Hoard of Pommlaslonera of Elec? tions -bail nd vert lac a day for the second election no| later than ten I 10 > daj i after t he flrat election. gee tlon iv. Any proposed ordi? nance may he submitted to the coun? cil by petition signed by qualified registered elect on of aald elty, equal in number to twenty per centum (,f the \i,tc roat for mayor al the last procedluu primary election, said peti? tion stating the f o ta ai to the pe? titioner! and being verified, aa here? inafter provided for petitions; and 'within hwo weeks after the filing of raid petitions, said council shall pass the said ordinance or call a special election, at which tha adoption >r rejection of such ordinance shall be submited to the registered electors of said city, or said ordinance shall forthwith, upon the failure of coun? cil to act as hereinabove prescrib? ed, become a valid ordinance of said City after the expiration of said two weeks. At such election the ballots shall contain the words "For the Or? dinance" (and state the title of the proposed ordinance), and "Against the Ordinance." If the majority of the registered electors voting on the proposed ordinance shall vote in favor thereof, such proposed ordinance shall thereupon become a valid ordinance of said city; and any ordinance pro? posed by a petition or adopted by an election as herein provided, cannot be repealed or amended, except by an election as herein provided. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than ore special election for Mich purposes In any period of six months. The council may submit a proposition for the repeal of any I such ordinance. or for amend? ments thereto, to be voted upon at any succeeding general city election or at an election specially ordered, not earlier than one (1) year there? after, or at a special election order? ed at any time upon the filing of a petition of the percentage of quail- j fled registered electors hereinbefore i referred to, requesting such election ) to repeal or amend said ordinance. Section 19. When any ordinance is passed by council, its operation shall be suspended and its ratification or rejection shall be submitted to a vote of the qualified registered elec? tors of ijhe city at a special election, if a petition signed by qualified regis? tered electors of the city, as herein? before required, shall be presented to council demanding the same; and after the filing of said petition, such ordinance shall not be operative un? less a majority of the ballots cast at such election shall n0 in favor of rhe same. Section 2'J. The City Council, im? mediately after organizing under this Act, shall by ordinance appoint three Civil Service Commissioners, who shall hold office for two, four and six years, the successors of each to be thereafter appointed for the term of six years, at the expiration of the preceding term of service; such com? missioners to be removable from of? fice by council only for cause, four councilman voting for such removal. Council shall have authority to till any vacancy for the unexplred term. The said Civil Service Commissioners' shall, twice a year, or oftener, if they deem it necessary under such rules ami regulations as they may pre? scribe, hold examinations for the purpose of determining the qualifi? cations of applicants for positions on the police force, in the tire depart? ment, in the department of public health, or in any other special line of aervlce In the city government which by the City Council may be placed under the civil service regulations. The examination for each line of ser? vice to be practiced, fairly testing the Htness of persons examined to discharge efficiently the duties of Ihe particular line of employment The commissioners shall, as soon as prac? ticable after such examination, certify to the council the persons who have satisfactorily passed such examina? tion, stating the order of excellence1 Provided, however, That the commis? sioners shall not certify the name of (and may deny tho examination to) any i" rson as to whose honesty and Integrity, or general moral character, th? y have not reasonably satisfied themselves by affirmative investiga? tion. Council shall choose employees In the civil service departments of the gvernment, which shall always in? clude the police department, the lire department, und the department of public health, only from persons so certified by the civil Service Com? missioners; ami no appointee to :i civil service position shall be remov? ed from office by council except by and with the approval of a majority of the <'i\ii Service Commissioners upon charges duly presented, as p> which the s.iid employee shall have the opportunity to make his defense! Provided, however, Thai the chief of po||, ,? and the chief of the fire d? part merit, or any superintendent or fore? man In ?b?rge of municipal work, may peremptorily suspend or dis? charge any subordinate then under his direction for neglect of duty or (11sob< dien.f his orders but shall within twenty?four hours thereafter report such suspension or dischatgc and the reason therefor. to the mem? ber of council who may be the su? perintendent of <aid department, who ?hall thereupon affirm or revoke such discharge or suspension, which shall be final unless such employes shall. Within five days of such ruling, appeal therefrom to council, which shall, with the Civil service Commissioners, fully hear and determine the matter, a.id shall not finally discharge the employee without the concurrence of two-thirds of the Civil Service Com sioners. It shall further be the duty of the Civil Service Commissioners to give attention tu? work "f all de? partments within the civil service of said city, and to make reports to council and such publications to the public at-" they may deem proper. Said Civil Service Commissioners may be remove' upon petition and vote as herein above provided for members of council. Bach Civil Service Commis? sioner shall be paid an annual salary of one hundred and fifty f$150.00) dollars, payable quarterly: Provided That in cities of over .fifty thousand Inhabitants and less than one hun? dred thousand ? inhabitants. each Civil Service Commissioner shall be paid an anitUBd salary of two hun? dred and fifty ($250) dollars, payable quarterb. Section 21. The City Council shall appoint a city attorney, who must be a freeholder of the city, and for not less than five (5) years preceding his appointment a resident thereof. In addition to his general duties, which shall be prescribed by council, it shall be his special duty, upon knowl? edge, Information, belief, or probable ground of suspicion, to cause investi? gation, and, if possible, indictments and prosecutions for each and every violation of any of the provision* of this article or any other provision of law in respect, to any of the inhibit? ions in this article contained, or any bribery, corruption, malfeasance, or other violation of law whatsoever in respect to the said city of any mem? ber of council or any employee, or any o.her person or persons. Section 22. Before entering upon the duties of his Office the Mayor and each Councilman and each Civil Ser? vice Commissioner shall take and sub? scribe the oath of office prescribed in Section 2?'.. Article III. of the Con? stitution; and, further, that he will at all times endeavor to secure and maintain for the city an honest an! efficient government In every particu? lar, with an eye single to the public welfare. Xo member of council or of tin- Civil Service Commission shall hold or be a candidate for any other office without tirst resigning or at once forfeiting his said office in said city government. No officer or can? didate in connection with said city government shall directly or indirect? ly pay for any publication in any newspaper in commendation of his services or In advocacy of his candi? dacy except under the caption, 1 Paid Advertisement." and no person, Arm or corporation, publishing or manag? ing a newspaper, shall publish for a consideration any commendation, ad? vocacy, or condemnation of any offi? cer or candidate for office Of saiil city without stating In said publication the price paid therefor ami the per? son paying the same. Any violation of any of these provisions shall be punished by a line not exceeding live hundred dollars or Imprisonment not exceeding one year: Provided, how? ever, That the City Council shall, each month, print In pamphlet form, a de? tailed, Itemised statement of all re? ceipts ami expenses of the city and a ?ummary of its proceedings during the preceding month. and furnish printed copies thereof to the state library, the city library, the dally newspapers of the city, and to per? sons who shall apply therefor at th - office of the citj clerk. AI the end of each year the council shall cau--*e a tuii and complete examination of all the books and account-- of the city to be made by competent accountants, and shall publish the result uf such exam? ination in tho manner above provid il for publh titlon of statements "f monthly expenditures, the expense of ail -neb publications to be paid out of the city treasury, Section LT>. Tin- usual rule of law as to the Interpretation of statutory provisions and the construction ot statutory powers shall be reversed in respect to this article, which shall be construed liberally, the spirit always controlling the letter, and any tech? nical deficiencies being supplied by tbt reasonable amendment of the ar tlele as a whole in the light of muni ? ipal needs ItCtiOII If. Any i ity, after ? perat ing for six y? ars under the provisions of this article, may abandon the form of government herein provided and accept the previsions of the general law of the State applicable to it be? fore the adoption of this form of government, by procedure of petition and election on the question of aban i donment in the manner provided hereinabove for adopting this form of government. I Section 17. All Acts and parts of i Acta inconsistent with this A t are ! hereby repealed. I Section 30. Provided. That there ! shall be held an election in the city . of Sumter, S. C, o the second Tues? day in June, 191:' which said elec ! tion there shal' /ubmitted a ballot 1 or ballots to ^ rovided as are bal? lots in oth' ap fictions upon which 'shall be * en or printed. "Shall 'the CifJ ?f Sumter Adopt the jComnr^ i Form of Government? Yes. (Erase one answer.) Shall the jo* of lumtOf Adopt the Commis? si ^ /orm of Government With a v Manager? Yes. No. (Erase one answer.) The proper ; uthorities to see that the two questions are in? telligently and substantially submitted as herein provided, so that the elec? tors of said city may select between the two questions. At the election provided to be held on the second I Tuesday in August, 1912, a Commis? sion Form of Government having been established the officers provided for herein shall be voted for by ballots ' to be furnished as provided by law. The form of government receiving a majority of the ballots cast at said election shall thereupon be establish? ed and thereby be and become the form of government of and for said j city. That there shall be voted for ( at an election to be held on the sec | ond Tuesday in August, 1912, in the ! event of the adoption of a Commis? sion Form of Government at the I election to be held for the same, ' candidates for mayor and for two councilmen for a term of four years; Provided, That of the two council men other than the mayor the one receiving the highest number of J votes shall serve for a term of four years and the other for a term of two j years, whose salary shall be as fol? lows: Mayor, twelve hundred (H, j 2fl0) dollars per annum; Councilmen, ( one thousand ($1,000) Collars per an? num eac h, if the form of government without the city manager feature be adopted; in the event that the major j ity of the votes or i allots east at the said election shall be in favor of I j the Commission Form of Government with a city manager. then in that event the salaries shall he as follows: Mayor, three hundred ($1#0) dollars per annum, and Council ?nen two hun? dred ($20<?) dollars per annum each, said salaries to be paid in equal monthly installments. If a majority of the ballots cast at the election pro? vided for herein shall be in favor of having a manager (city manager), then, in that event, the mayor and councilmen when elected shall not distribute the powers sf tin said council among the members of the same; but shall employ a male per? son of sound discretion and of good moral character not of their number at su? h salary and upon SUM h terms as they may decide, who shall be sub? ject to tut h rub s and regulations as may be provided by said councilmen. That the result Ol the said election ss to the form of government shall be Bled with the secretary of State, and BUCh AHng shall be sufficient no? tice that said city has adopted and is operating under the Commission Form of Government so adopted. If such election r< suit In favor el adop? tion of either form ot commission government herein referred to, that the mayor and couim Urnen elected or chosen as hen n provided al the elec? tion to be held for that purpose shall be and consti the City Council of said city. And es h of them Shall have the right i i vote on all sjoes> Hons coming before the said council, two of them constituting a quoffUMB! Provided, boa'ever, That by unani? mous consent t' . in nts as to order of husinc?* i procedure may '?<? dispense I ivlth. it the majority of the ballots cast it such election be In favor >f the Commission Form ? f Government ??? thotit a manager, then, In that event, the executive ami administrative powers and all post* er- Inhering in ot devolved by law upon r i oun< I f a hi h ? a< h of the mem ben >"<itid;"g the mayor) who Ie also h< vein and herebj made a member of -aid auncll upon the same being elected aa herein provided. ?h m| he superintendent cd one. the