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Story last updated at 7:05 a.m. Tuesday, February 10, 2004

Reserve still a Sanford problem

The S.C. Supreme Court has ruled that Mark Sanford's dual service in the governor's office and the Air Force Reserve is on constitutionally sound ground. That doesn't mean, however, that if he were called to active duty, Gov. Sanford's service in the Reserve would be in the best interest of this state.

The challenge to the governor's service came from a retired Greenville businessman, Edward D. Sloan, who feels strongly enough about adherence to the state constitution to file suits against government agencies or officials he thinks are in violation.

The court found that Mr. Sloan had a "public interest standing" to bring the suit because of the importance of the issue. It also ruled that Mr. Sloan is wrong.

Mr. Sloan's suit contended that Mr. Sanford actually is ineligible to serve as governor because he also holds a U.S. commission. His concern was this section of the S.C. Constitution: "No person while governor shall hold any office or other commission (except in the militia) under the authority of this state, or of any other power."

It was that "any other power" provision that particularly concerned Mr. Sloan. The high court first found that today's Reserve is, in effect, an outgrowth of the militia, a citizen-soldier fighting force, and thus meets the constitutional exception. As for the "other power," the high court suggested that historically, the framers were more concerned that a colonial governor's loyalty might lie with England rather than the state. There is no reason to believe, the opinion noted, that "the governor's service in the Air Force Reserve today impinges on his allegiance to South Carolina."

That was never our concern, although under previous dual-office rulings it could be argued that when Mr. Sanford took the oath of office as governor he relinquished his Reserve commission, which predated his election by a few months. But the court's finding that the Reserve and militia are interchangeable meant he was saved by the constitutional exception.

Our concern is that he is willing to leave his duties to the lieutenant governor in favor of the Reserve. He said shortly after being elected last year that if his unit were called up, he would go along. Gov. Sanford is a member of the Reserve's 315th Aeromedical Evacuation Squadron. The Associated Press reported Monday that about 40 percent of the 315th Wing has been called to active duty.

The governor has just outlined a critically important government restructuring plan and given the Legislature a bold, cost-cutting budget. His first obligation continues to be to this state and seeing his programs through. The governor's belief that his Reserve commitment is his public service priority is something the voters should have known in advance.








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