(dissenting).
The Act, 49 St. at Large, p. 1841, under which Sheriff Thompson was removed authorizes the Governor, in his discretion, without a hearing, to suspend, pending trial, “Any *126State or county officer who is indicted in any court for any crime”. (Italics mine.) It applies to all crimes without restriction or limitation. I do not think the delegation of such a broad and sweeping power can be sustained. In South Carolina State Highway Department v. Harbin, 226 S. C. 585, 86 S. E. (2d) 466, 471, we quoted the following with approval :
“ ‘When courts are considering the constitutionality of an act, they should take into consideration the things which the act affirmatively permits, and not what action an administrative officer may or may not take.’ ” Northern Cedar Co. v. French, 131 Wash. 394, 230 P. 837, 843.
“The presumption that an officer will not act arbitrarily but will exercise sound judgment and good faith cannot sustain a delegation of unregulated discretion.” 42 Am. Jur., Public Administrative Law, Section 45.
The Act further contains the far-reaching provision that in case of conviction, which includes conviction of any crime, “the office shall be declared vacant by the Governor and the vacancy filled as provided by law.” (Italics mine.)
It is my view that this legislation should be declared unconstitutional.