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AS TO ?LCIAL J1DGES.
Blease Defends Himself for Refusing
to Appoint Special Judges.
The governor of -South Carolina
sent a special message to the general
assembly Thursday, in which he de
fended his position on the appoint
ment of special judges. He reviewed
at length the conflict with the su
preme court and told why he refused
to appoint upon the recommendations
of the chief justice, Ira B. Jones.
In the house the message was re
ferred to the judiciary committee and
printing in the Journal was deferred
until the committee made its report.
Concerning the conflict over the
special term of court for Richland
conty, the governor stated in the
message that some of the. newspapers
of the State tried to make it appear
that he did not like Duncan C. Ray
and therefore did not appoint him as
a special judge -when recommended by
the supreme court. The governor
states that he likes Mr. Ray. He
,barged that the supreme court rec
ommended Mr. Ray when two other
e1cult judges were disengaged at the
me. He said that the .two judges
were in Columbia whea the recom
amendation was aade.
"Judge Watts and Judge Me3nmin
ger were in Columbia at the time,"
Mas the governor, "eating in the same
dining room with part of the supreme
4ourt and were positively disengaged,
nless you call electioneering among
your members as being engaged with
in the meaning of the statute." The
governor next charges the chief jus
tice with violating the law. The su
Prme court at the time held that
there were no disengaged circuit
judges and recommended Mr. Ray up
en the recommendation of the Rich
land county bar.
In his message, the governor next
refers to the Horry county court,
and charged that the chief justice vio
lated the law by not assigning a dis
engaged circuit judge. He means sev
eral judges alleged to have been dis
engaged at that time.
*With reference to his refusal to
eommission Ernest Moore as special
nudge for Union county, he declared
2>hat Judge Gary was disengaged then.
Tle governor's message states that
each time he refused to commission a
' special judge there was a disengaged
The Governor's Joke.
*"1'wish to tell yoti alittle joke on
the chief justice," says the governor
ka his message. "He met my friend,
Mrx. Byrnim, of Newberry, on the
* t'ets of Newberry, when he 'was
there' attending -the funeral of the
latei Chief Justice Pope and said to
Mr. Bynum that he likid him and that
hie hoped to see him some day on~ thie
bench, but thiat be would -never sit on
the 'bench while he was chief justice1
-because~ his name was on 'Blease's'
eligible list. In a few days, a case
same up in the supreme court in
which the chief justice's son was one
of the parties and the chief justice
was thereby disqpialified from sitting.
I appointed Mr. Bynum to take the!
*place of the chief justice, and in a1
very short time after the chief jus
tice had told him that he would ne'ver
sit on the bench, Mr. Bynum was sit
ting on the supreme court bench
wearing the chief justice's robe."
The message next states that Mr.
Brezeale, of Anderson, and Mr. Rags
dale were commissioned as special
judges. "Both of these gentlemen
were on my eligible list," says the
Special Term in Barnwell.
In his mesage the governor gives
the following letter from Ira B. Jones,
former chief justice, to R. C. Duncan,
secretary of the Barnwell County Bar
association: "I have been considering
the petition of the Barnwell bar for
a special term of the court of corn
Smon pleas, commencing October 10,1
1911, and' continuing for three weeks,
if necessary. In looking over the en
gagements of the regular judges, it is
*extremely doubtful if one of them will
be disengaged so as to be able to hold
the court as desired, and it is im
possible for me now to foresee when
any circuit judge may be disengaged
by the sudden adjournmenit of his reg
ular court. The limitations and ob
szructions which the ie--een..>r er-ks
to place around my selections of spe
cial judges and his lawless refusal to
recognize my appointments makes it
inexpedient to order a special court
at a time when no regular judge is
available. Your regular court comn
mences November 27, in less than a
month after the time you propose for
a special court, and Judge Shipp is.
regularly assigned for that court. This
court may continue for four weeks if
necessary, Acts, 1911, page 88. If this
is not sufficient to clear the docket,
arrangements can be made to have
conunueu seaioaL r special ter
ander section 2743. A number of cir
:uit judges would be available in Jan
jary. Judge Shipp, under section 28,
:ode of civil procedure, could order a
;pecial court to .be held by himself.
"I suggest, therefore, that you with
Iraw your petition for a special tern
,ommencing October 30, and work oul
Four needs one the lines suggested
tbove. Assuring you of my wish tc
iid the Barnwell bar 'in every way
possible in the disposition of the bus
iness of the court." The letter waE
iddressed from Lancaster on Octobet
"His Lawless Refusal."
The governor next states that hE
as made an investigation as to the
appointment of special judges in the
past "to see whether the chief jus.
tice or the governor was the one to bE
spoken of as 'his lawless refusal' tc
obey the statute laws of the State."
Appended to his message is a; long
discussion .as to special judges ap
pointed. He names the special judges
recommended by the supreme court
and alleges that certain circuit judges
were disengaged at the time. HE
states that he gives the list to provw
that he has kept within the law anc
that the law has been violated by Ins
B. Jones, then chief justice of the su
preme court. He refers to the cos1
of special judges and asked that the
general assembly study hi' list to sei
who has violated the lav.
"Now, gentlemen, this matter hag
not been pleasant to me," the mes
sage concludes. "I pleaded with yot
to take this cup from me. I beggei
you in no uncertain way and present
ed you with an argument (I do no
speak egotistically) that no man ha,
never attempted to answer.or can an
swer successfully, plainly showinf
that I am -right, and that the chief jus
tice has no right under the constitu
tion to dictate to me or to my of
fice, and, so help me God, as long a:
I am governor, him nor no other mal
will do so."
The governor, ending his message
asked the general assembly t<
"straighten this statute out as i
Humor of Courtroom.
A remarkably brief and effectiv
summing up -was once 'jiuoted by Lor4
James in an after-dinner speech. I
was delivered by an Irish judge try
ing a man for pig stealing. The evi
dence of his guilt was conclusive, bu
the prisoner insisted on calling
number of witnesses, who testifiei
most emphatically to his general gooi
haracter. After hearing their evi
dence and the counsels' speeches, thi
udge remarked: "Gentlemen of thi
jury, I think that the only conclusiol
you can arrive at is that the pig wai
stolen by the p-risoner, and that hm
is the most amiable man in the coun
In the course of a trial1 at Water
bury, Conn.; 'the eaminer was tryini
to get the topography of the countr
and the relative situation of objects
The witness 'was asked, "Which wa:
does the road run past your house?
The reply. was, "Both ways, you
honor, up and down."-Case and Comn
"And now I mean to handle yout
witnesses without gloves," said
counsel whose witnesses had met witJ
rather severe treatment from the oth
"Indeed! that's more than I shoult
like to do with yours," smilingly re
torted 'his learned friend.-Londoi
Auction Sale of Land.
The justly celebrated Dutch Fork i
being further exploited by the Caro
lina: Land and Promoting company i1
a manner that is calculated to brini
new wealth and thrift to that alread:
prosperous community. This famoul
section of Lexington county lies jus
across the river from Columbia, ana
the bridge connecting it with Colum
bia has been freed. We understant
that the lands are fertile, the locatior
healthy and the division of this larga
plantation into small farms will tent
to relieve the congestion of populatio2
at other points in this State, and put i
within reach of the man of moderati
means to acquire a home at a poin
where the products of the farm.wil
find a ready market in the largest an<
wealthiest city in the State. The op
portunity to buy these lands at one'i
own price and terms should be takei
advantage of on the day of the sale
Wednesday, January 24, at 11 a. mn., oi
the ground, and each succeeding da:
of that week in case of inclemen
Fails in Some Cases.
There is no> doubt that the tying o
a piece of string around thc finger i
a -eally good aid to a poor memory
but there is a well authenticated cas'
remind him to get his hai. cut.
On the way home to dinner that
evening he noticed the piece of cotton.
"Oh, yes, I remember," he said.
And smiling proudly, he entered th3
accustomed shop and sat down before
the tonsorial operator.
"Er-yes, sir?" said the artist,
puzzled inquiry in his tones.
"Eh? Oh, yes, cut my hair please,"
commanded the absent-minded one
"Why, certainly, sir, if you wish it,"
said the artist. "But you won't mind
my mentioning the fact that I cut it
this morning, will you?"
He Needn't Worry.
The indignant youth entered the of
fices of the railway company and de
manded to see the manager.
"Here, I say," he said angrily to
that official. "I got a cinder in my
eye from one of your engines and it
cost me $2 for a doctor to have it
taken out and the eye dressed. What
are you going to do about it?
But .that manager was a wily man.
"Nothing, my dear air, notbing," he
replied suavely. "We have no further
use for the cinder and you are quite
welcome to it. From a legal point of
view the cinder was not yours and
no doubt you could be proceeded
against for removing our property.
But we will take no steps in the mat
ter, you. may rest assured."-London
An Advertising MoraL
Once upon a time a donkey fell into
a deep hole, according to Cassell's I
I Saturday Journal, and, after nearly
starving, caught sight of a pa'ssing
fox, and inplored the stranger to help
"I am too small to aid you," said
the fox, "but I will give you some
. advice. Only a few rods away is a
big, strong elephant. Call to him and
Ihe will. -get you out in a jiffy."
L After the fox had gone the donkey
thus reasoned: "I am very weak from
want of nourishment. Every move I
make is just so much 'additional loss
of strength. If I raise my voice to
call the elephant I shall be weaker
yet. No, I will not waste my sub
stance that way. It is- the duty of the
1elephant to come without calling."
ISo the donkey settled -himself back
and eventually starved to death.
Long afterward the fox, on passing
the hole, saw within a whitened skel
eton, and -remarked:
"If. It be that the souls of animals
are transmigrated into men, that don
key will become one of those who can
never afford to advertise."
The Trustful Aviator.
'The Rev. R. J. Campbell, of Eng
land, was talking to a Philadel-phia
Sreporter about politics.
"Modern politics," he said, "is
worse than modern business. You,
here in the States, are so used to po
litical corruption that you joke about
"I heard a joke about it on the
boat. An aviator-the joker ran-de
scended in a field and said to a rather
"'Here, mind my machine a minute
"Wihato?' the well-dressed individual
jsnarled. 'Me mind your machine?~
Why, I'm a United States senator!'
"'Well, what of it?' said the avia
tor. 'I'll trust you.' "-St. Paul Dis
Will be Saintly.
IParson-"I hope, Mr. Stayaway,
that when you made your New Year's
resolutions you included a resolve to
go to church."
1Stayway-"Parson, if I keep all I've
made I won't need to go to church."
A Salute Returned.
I t was the last music lesson before
the Christmas holidays, and the chil
-dren. had been thinking more about
Ithe coming festivities than about their
studies so it had been rather unsatis
-"Well, children," said the supervis
or, as he was about to leave, "I wish
yualamerry Christmas, and I hope
thtwen you return after the holi
days you will have more music in your
heads than you have today."
IWithout a moment's hesitation,
came the reply from forty little urch
ins, "The same to you, Mr. Brown
Not Used to It.
"Now, Guy, tell us about the school.
Is everything all right?"
"Oh, yes, mother-except one
"My darling! What is it?"
"Well, I wish you hadn't got that
French nurse to teach us therih
pronunciation; it makes the other fel
,lows laugh so."-Punch.
i New Is. the timie +oubscribe toTh
Herald and Newe, S1.50 a year.
- .-....,.- ~.
LODGE DIRECTORY. *
K * * * * * * * * * * * * * * * *
Woodmen of the World.
Maple Camp, No. 437, W. 0. W.,
meets every first and third Wednes
lay evening at 7.45 o'clock. Visiting
brethren are cordially welcome.
D. D. Darby,
T. Burton, Clerk.
Newberry Camp, No. 542, W. 0. W.,
meets every second and fourth Wed
nesday night in Klettner's Hall, at 8
Amity Lodge, No. 87, A. F. X.
Amity Lodge, No. 87, A. F. M., meets
every first Monday night at 8 o'clock
in Masonic Hall. Visiting brethren
Geo. S. Mower.
J. W. Earhardt, W. M.
Signet Chapter, No. 18, B.. A. M
Signet Chapter, No. 18, R. A. K,
meets every second Monday- night at
8 o'clock in Masonic Hall.
Fred. H. Dominick,
Harry W. Dominick, E. H. P.
Bergell Tribe, No. 24, L 0. B. N.
Bergell Tribe, No. 24, I. 0. R. K.,
meets every Thursday night at 8
o'clock at Klettner's Hall.
0. Klettner, C. R.
J. E. Franklin, Sachem.
Lakota Tribe, No- 79, I. 0. R. K.,
will meet at Jalapa Wednesday. even
ing, January 17, at 7.30 p. m., and
every second Wednesday night there
after. Wm. C. Sligh,
J. Wm. Folk, Sachem.
Chief of Records.
Cateechee Council, No. I, D. of P.,
1. 0. E. l.
Cateechee Council, No. 4, D. of P.,
meets every other Tuesday night at 8!
o'clock. 0. Klettner, C. R.
ASSESSEN'n OF PERSONAL PROP
EETY FOR FISCAL YEAR 1912.
I, or an authorized agent, will be
at the following places named below
for the purpose of taking returns of
personal property for -fiscal year 1912:
Newberry, January 1 to 9, inclusive.
Kinard, Wednesday, January 10.
. Whitmnire, Thursday and Friday,
January 11 and 12.
Jolly Street, Monday, January 15.
Pomaria, Tuesday, January 16.
Walton, Wednesday, January 17.
Glymphville, Thursday, January 18.1
Mayhinton, Friday, January 19.
Prosperity, Moniday and Tuesday,
January 22 -and 23.
Little Mountain, Wednesday, Janu
O'Neall, Thursday, January 25.
St. Lukes, Friday, January 26.
Longshores, Monday, January 29.
Siverstreet, Tuesday, January 30.
Chappells, Wednesday, January 31.
And ait Newberry until February 20,
after which date a penalty of 50 per
cent. will be added against all persons,
firms or corporations failing to make
The law requires a tax to be charg
ed on all moneys, notes and mort
gages, also an income ta.x on gross in
comes in excess of $2,500.
Tere shall be a capitation tax of
fifty cents' on all dogs, the proceeds~
to be expended for school purposes.
Dogs not returned for taxation shall
nt be considered as property in a.ny
of the courts of this State.
All male persons between the ages
f 21 an~d 60 years are liable to pay
poll tax, 'except Confederate soldiers,
or those persons incapable of earning
a support from being maimed or
from any other cause.
Nothing but personal property is to
be assessed this year, but all persons
who have bought or sold any real es
tate since last return are required to
note such transfers on their returns
All property must be assessed "at
its true value," which is construed to
mean "the sum of money for which'
such property, under ordinary cir
cumstanCes, igould sell for cash."
Plese do not ask that your prop
erty be taken from the auditor's du
plicate the same as last return, for
the law requ.ires that all property
must be listed on regular tax return
blanks and signed and sworn to by
person listing same.
Name of township and school dis
trict must be giv'en on every return.
EUG. S. WERTS,
Auditor Newberry County.
Newberry, S. C.
No,w2, he ta enO subscribe to.
to fill space t
I invite all I
call.at my n
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