The watchman and southron. (Sumter, S.C.) 1881-1930, June 05, 1912, Image 1
/.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