Newspaper Page Text
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YOLtJME LI, DUMBER 34. NEWBERRY, S. C., TUESDAY, APRIL 29, 1913. - TWICE A WEEK, |U0 A YEAS.
Not in Go
Has Started Litigation Whi<
~ * - ?mi n
Kemoen win mane *-r
Later as to H
Special to The Herald and News.
Columbia, S. C., April 28.?Attorney j
General Thos. H. Peeples said today
that he had determined not to run for I
governor in the campaign next summer j
Some time ago the attorney general
?o ctijtpmpnt to the Colum
*c vut u ?wu.?vm*v? ?
bia correspondent of The News and
Courier in which it was stated that he
* would be in the race. At that time
General Peeples thought that in all
probability he would enter the lists.
Since assuming the duties of attorney
general, however, he has had occasion
in the performance of his official duties
to enter several suits of vital importance
to the people of the State,
snme of them involving questions af
fecting not only the constitution ot
this State but the laws of
tution of the United Sates. He feels
that it is his duty to see these important
suits to the -end, and he will
probably be re-elected attorney general
without opposition. His announced
intention to be a candidate to succeed
himself instead of running for
governor has given general satisfaction.
It was felt that he would be a
strong candidate to succeed Governor
- * *? i
Blease, but in administration circi-es
and generally it is f?lt that the course
determined upon by the attorney genera?
is in the line of his duty and he
is being congratulated upon it. j
'THE GOVERNOR SAYS
HE CANNOT APPOINT
QUESTION'S I> KEGARD TO SUC
t'ES^UK TU JtSiilJb nuuy?.
Governor Blease Quotes The Constitution
And Calte Attention to De
fects in Amendments.
Special to The Herald and News.
Columbia, April 28.?Since the announcement
that Associate Justice C.
A. Woods, of the supreme court of
South Carolina, would be made United
States judge, there has been considerable
speculation as to his successor
on the Isupreme bench of this State,
and several have been mentioned for
Govrnor Blease takes the view that
the governor can not appoint and that
the vacancy must exist until the general
assembly elects. Governor Blease
further calls attention to defects in
the constitutional amendments providing
for the fifth associate justice,
: which defects are brought out by the
situation which the court will face in
case of the resignation of Justice
The governor said:
Section 6 of Article 5 of the constitution
provides: "No judge shall pre side
at the trial of any cause in the
J event of which he may be interested,
or when either of the parties shall be
connected with him by affinity or consanguinity,
within such degrees as
may be prescribed by law, or in which
lie may have been counsel or have presided
in any inferior court. In case
all or any of the justices of the supreme
court shall be thus disqualified,
or be otherwise prevented from pre
siding in any cause or causes, the
-court or the justices thereof shall certify
the same to the governor of the
State," etc. Now, you will nonotice
this section provides, "in case,"'
etc., "shall be thus disqualified."
Therefore, there is ro provision made
for filling a vacancy in the court in
** J + +V? a r\rn_
case oi aeam or resisiianvxi, >/*?vision
here being only as thus disqualified,
which is clearly set out
And you will notice it says, "in case
all or any of the justices." After a man
lias resigned he is not a justice, or
after he is dead he is not a justice.
Therefore,' in my opinion, if Justice
"Woods should resign the place made
'* vacant by his resignation could not be
filled by appointment, even temporarily
or for any special case.
"To further strengthen this view, you
will notice that Section 11 of the same
:ii He Desires to Finish?
c . -S
Attorney George R. Rembert, of Columbia,
who was mentioned in the j
Atlanta Journal of Sunday as one of
the two Bl-ease candidates for governor
(Atorney General Peeples being
the other) said today that he felt that
it was somewhat early to be giving out
statements as to a candidacy in the
i campaign of 1914. Attorney General
Peeples and Mr. Rembert were togeth
er when General Peeples gave out his j
statement in regard to his attitude.
It is generally understood that ?Mr.
Rembert will b-e in the race for governor.
Doniinh k For Congress.
It will be of interest in this connection
to note that the assistant attorney
general, Colonel Fred. H. Dominick,
has announced his intention to
be a candidate for congress in the
third district to succeed the Hon.
Wyatt Aiken. Col. Dominick, with the
i * v
assistance of Mr. Eugene S. Blease,
managed the details of Governor
Bl-ease's campaign for reelection last
summer and in that campaign Mr.
Dominick came to tne iront as one ui
the leading public men in the State.
Since assuming the duties of assistant
attorney general he has not only done
credit to himself but to the legal department
of the State, and his friends
in Columbia and elsewhere are anxiously
interested in his future.
Vrticle provides: "All vacancies in the
supreme court or inferior tribunals
shall be filled by election as herein
prescribed: Provided that if the unexpired
term doefc not exceed one year
such, vacancy may be filled by execu
tive appointment." Should Justice
Wood's resign, the vacancy so caused
would not come within that provision.
Therefore, the governor cannot appoint.
For these reasons, I am clearly of
the opinion that the governor would
have no right to appoint any one to fill
the vacancy in case of the resignation
of Justice Woods; neither would he
have the right to appoint any one to
sit even temporarily in the vacancy so
It seems,' moreover, that the reconi
amendments to the constitution when
the fifth justice was added did not go
far enough, and have left the matter
in a very unsatisfactory state. For instance,
you will notice Section 12 of
Article 5 provides, "In all cases decided
by the supreme court the concurrence
of three of the justices shall
be- necessary for a reversal of the
judgment below, subject to the provisions
hereinafter prescribed." Therefore,
you will see that if the court divides
now, three of the. justices can
reverse a decision of the lower court.
Put in oasp t.h* court divides eaually.
with only four justices upon the court,
what is the situation? The amendment
to the constitution of 1895 leaves out
the words, "But ;f the four justices
equally divide in opinion the judgment
below shall be affirmed."
With the amendment striking out
these words, does an equally divided
court, under the amendment, affirm the
lower court? It certainly does not re
verse it because it says three shall be
necessary to affirm. Therefore, it may
be necessary, which would be quite an
expense and inconvenience and whenever
there is a divided court two of the
justices shall exercise their right under
the constitution, which provides,
among other things, "or, whenever the
justices of said court, or any two
of them, desire it on any cause or question
so before said court, the chief
justice, or in his absence, the presiding
associate justice, shall call to the assistance
of the supreme court all of
the judges of the circuit court."
Consequently it may be under these
various sections, necessary to call the
entire court en banc in order to have
proper judicial decision in any case in
which the court should be divided, two
and two, until the general assembly
should fill the vacancy, in case of the
resignation of Justice Woods.
It is clear that there is no provision
HAVE A GREAT DAY
LARGE AND ENTHUSIASTIC MEET
I>G AT WHITMIRE.
Trip Made in Automobiles?Miss Chap!
pell Gives Demonstration Lesson?Picnic.
The county teach-ers association met
on Saturday with th?i Whitroire hi.4'1
school. It was the last meeting it
this year, an<i bv far the best aad most
enthusiastic and largest attended meeting
the association has ever held.
That was the consensus of opinion of
all the teachers present. The good
ladies of Whitmire p spared and served
a most elaborate and elegant picnic |
dinner which was enjoyed by all pre-1
sent. Some of the patriotic citizens 1
U1 W UV1 i J , ? 11U UW1I dUlUIUUUJlCO,
were kind enough t%o furnish their cars
for the teachers, and Col. Aull was not
disappointed in having a way for all ,
the teachers who desired to attend this
meeting to get there and return. It
was not only a pleasant i -:p for them
but a most profitable meeting as well.
Supervisor Hill kept his promise and
put the road in good cor?dition so that
the trip was made with ease and
Owners of fourteen cars volunteered
the use of their cars to Col. Aull for
the benefit of the teachers as follows:
L. W. Jones; McHardy Mower, three
cars driven by W. C. Waldrop, R. M.
Tidmarsh, Herndon Jones; I. M. Smith
driven by I. M.* Smith, Jr.; H. 0. Long;
M. T. Oxner; E. S. Blease driven by
Jas. L. Aull; C. G. Blease driven by
Thos. B. Berley; H. W. Dominiek
driven by Humbert Anil; D. A. Rivers
driven by Mr. Hamilton: M. H. Folk',
C. S. Suber, E. H. Aull.
These gf-ntle nen a *-i du~- the fiauKs
of the teachcr* and the coaniy superindent
of edtica ?on fo* thoir nublic
spirit and paf. ? > ic servic. to tho ca'ise
of education in Hie c< ':r.ty of N\w -)a-ry.
This meeting ?.as an inspiration and
impetus uj me Leauuers ui uie uuuin.j'
and will do a vast deal of good to Jfhe
cause of rural education. All the
teachers who sent in their names had
conveyance provided and many of the
Col. Aull worked very hard to make
this meeting a success but he desires
it stated that but for the generous offer
of the owners of automobiles it would
have been impossible for the meeting
to have been pulled off at ail. And to
Mr. McHardy Mower he desires to have
extended especial thanks for the success
of the meeting. Mr. G. C. Glasgow
had kindly offered the use of his
car but on th#? * ay before his car got
out of commission and Mr. Mower
very kindly came to the rescue and
sayed the situation.
The meeting was held in the auditorium
of the* Whitmire high school
building and was attended by many
of the citizens of the town and teachers
from Laurens and Union counties.
The exercises ^ere opened with prayer
by Rev. J. M. Friday. President J.
S. Wheeler then introduced Prof. S. J.
T Wall aimerinte-nrient nf the Whit
mir$ school, who delivered a most excellent
address of welcome in behalf
of the school. Mr. P. W. Fant represented
the city council and mayor and
extended a most cordial welcome to the
teachers. Rev. J. M. Friday also
spoke words of kindly welcome to the
visitors. Prof. S. J. Derrick of Newberry
college respond-ed in a most happy
manner as well as did Prof. J. B.
^ ?1 * 1 ?.? "f ?i nliQVc
U .\6tiii ntuiuway iui mc icavu^j
Superintendent Aull was then introduced
and told something of what the
Whitmire school was doing and ex- .
pressed his gratification of the large
attendance upon the meeting. He
states, however, that Whitmire was
not the only place in the county where
there was activity and interest in the
school problem. \ At Silverstreet,
PnmaHn Phnrmplls. .TollV Street,
Zion, Trinity, Jalapa, and other places
in the county there was an awakening
and an interest in the betterment of
school conditions manifest by the voting
of an additional tax and the erecto
fill a vacancy on the supreme court
bench, in case of resignation or death,
for any particular case, or permanently,
unless the vacancy so caused is for
kss than one year.
tion of new buildings.
Trustees Z. H. Suber and John W.
Scott spoke of the good work done for
the schools by the retiring county
superintendent and of the great need'
that, the arood work be continued.
The association was then turned
over to Miss Katherine Y. Chappell,
the most efficient and enthusiastic
teacher in the Whitmire school, to
give a practical demonstration with
her class in domestic science. This
was done to the great satisfaction and
instruction of the teachers present.
Whitmire is the only school in the
county that has a department of domestic
science and it has been a decided
success and the work has been done
with a very small outlay.
The picnic dinner was served on
the school grounds and greatly enjoyed
by all present.
Before the adjournment of the meeting
the following resolutions were offered
by Prof S. J. Derrick' and unanimously
''At a meeting of the Newberry County
Teachers association held at Whitmire,
Saturday, April 26, the following
resolutions were- enthusiastically
and unanimously adopted:
"That the thanks of the association
are tendered- to the good people of
Whitmire and surrounding community
for their generous welcome, their
courteous attentions and their delightful,
"That the members of the association
express their appreciation of the
kindness of the following gentlemen,
owners of automobiles, whose generosity
enabled us-to gather together for
this delightful occasion.
"L. W. Jonc~,. McHardy Mower, I. M.
Smith, H. 0. Long, M. T. Oxner, M.
rr n c> xn c n
li. ruin., v^. o. ouuci, xu. o. ui^aoc, kj.
G. Blease, H. W. Dominick, D. A.
Rivers, E. H. Aull, and to Supervisor
Hill for the excellent work he had
done on the road from Newberry to
Whitmire; and to County Superintendent
E. H. Aull, who organized for the
pleasure and profit of the teachers, the
unique plan of this meeting.
"That the association of teachers
hereby records its appreciation
of the enthusiasm, progressiveness,
intelligence and success
of the administration of our
retiring superintendent of education,
Col E. H. Aull, and his able
assistant, the supervisor of rural
schools, Miss Elizabeth Hawkins, in
promoting public interest in thei
'ohools of the entirs ?^unty."
The Whitmire school has made great
J 1 AT- ? ? ~ Jo
progress uuniig me yasi jcai a.una ?
now one of the best schools in the entire
State. It has a most efficient corps
of teachers and the school has
grown to the point where it is
necessary to enlarge the building so
as to accommodate the increased attendance.
To that end the people of
the district have but recently voted
an additional issue of $5,000 in bonds
to add six rooms to the already commodious
and handsome brick buildin
tr The nlans have been adopted
and as soon as the specifications are
made the contract will be> let to make
the addition to the building.
Whitmire is a prosperous and intelligent
community and fully appreciates
the *ilue of a good school and
is going about the work to secure the
facilities. Only recently the Glen
Lowry manufacturing company nas i
doubled the capacity of the cotton mill
at this place. It is one of the best
mills in the. State and is successfully
managed by Mr. William Coleman, the
president of the company. The town
is located in the extreme northern
section of Newberry county very near
? T T'nirtn nAnnfv 1 i n O
Hit? I vet U It; II3 U11U LIIIU"
Th-^ distance by the nearest road
from Newberry is eighteen miles but
by the road traveled by the teachers
on Saturday the distance i. twenty
''Every Day a Big Day."
Newberry lias big days oftener as
she grows old-er. She has a good many
big days. Mimnaugh. Newberry's
Mimnaugh, as he grows older has big
days oftener. Tn fact he tells von in
this issue of The Herald and News,
that every day is a big day in Newberry
now, when it comes to the dealings
in his store; and if you read his advertisement,
which you will, you will
- * - *
see how firm a foundation ne nas iur |
the assertion. Hear Mimnaugh, migh-1
ty monarch and mogul of a mammoth
James Johnson, Paroled by tl
Uovernor's Uttice Aln
Special to The Herald and News.
Columbia, April 28.?James Johnson,
called by some "Portland Ned," who
has been serving a sentence in the
State penitentiary as a yeggman, following
a sentence in the Federal prison
for the same offense- for which he
-- ~ +V?a Ofo + A nnr? i f nn f 1 O
? its SCI V 1U5 liUC I.11C O LCI LO |J(/U1I.&UUU1 J ?
and* who was paroled by Governor
Blease on Friday, made a quick and
effective get-away from the governor's
office on Saturday.
When the governor paroled Johnson
on Friday afternoon, he wired
United States Judge H. A. M. Smith,
United States District Attorney E. F.
Cochran and United States Marshal J.
Duncan Adams asking if there were
any further charges against the man,
and he ordered Johnson held in the
penitentiary until he could receive reDlies
from these telegrams. The tele
grams in reply were to th^effect that
there were no further charges against
Johnson. In the meantime, however,
United States Commissioner R. Beverly
Sloan, of Columbia, placed a warrant
sworn out by Postoffice Inspector
Gregory in the hands of a deputy
for service. The governor ordered
Johnson brought to his office to look
into the matter and to determine upon
what to do.
While the governor and Johnson
were in the governor's private office, a
Spartanburg petition for executive"
clemency went before the governor,
and the governor was busy looking into
it. While he was thus engaged a.
lady came into the governor's outer
office and she asker* *o see the governor
upon a matter of business. The
people upon the Spartanburg hearing
were asked to excuse the governor
a moment, and the lady was received
in the governor's office, where James
Johnson was still sitting. While the
lady and James Johnson were in the
office, the governor's secretary, who
had some papers for the governor to
look over, asked the governor to step
into the outer office a moment, which
the governor did. When the governor
returned to his private office he noticed
that Johnson was gone, tie asked
the lady what had become of him.
The lady, who did not know who John-1
son was, said that the man, when the
governor left, had walked up and down
thf< office a few times, and had then'
gone through the door opening direct
upon the corridor.
The United States marshal, who had |
a warrant to serve upon Johnson, was
sitting in the outer office of the ^governor's
offices?the office occupied by
the governor's secretary and assistant
secretary. Had he- been in the corridor
m atching both doors of the offices he
would no doubt have prevented the escape
That is the whole story?except that
the warrant was at first in the hands
of a rural policeman of Richland county,
and the story of the warrant while
it was so lodged is told below.
The Sews and Courier Story.
The remainder of the story is taken
from the News and Courier:
Newspaper Meu Notified. |
The newspaper men, who hapuened J
to be talking to the governor's secretary
at the time, were called in and
told of the occurrence, and then Mar- i
shal Senn was informed that "Port-1
land Xed" had flown, not more than !
five minutes after the disappearance.
"I didn't know I could serve the warrant
on that man in your inner office."
said Marshal Senn to the governor.
"Why certainly you could, no one said
you could not," replied the governor.
The marshal thought Johnson would
come through the outer offic-e, but the
latter went out through the private
office into th-. lobby and vanished!
while the marshal w?.s waiting for him |
Governor Denies Report
Rural Policeman Hipp having been
quoted this afternoon as saying that
he was ordered out of the governor's
office when he went there Saturday
morning as a deputy from United States
Commisioncr Sloan to serve a FedI
lie Governor, Walked out of
tost in Teeth of United
j al warrant on "Portland Ned," before
tVio 1 oHot- "fo/lorl oTL'av " HrtVflTnnr
IUV^ A.UUVU Ut II J vx V V w* ?*v>
Blease was asked about the report and
dictated the following reply:
"I was sitting i my office and Col.
John K. Aull, my secretary, came in
and staed that there was an officer
outside who wanted to see James
Johnson. I told him to come in. He
11-^-3 - ?. rt /> VIA AOWO
WaiiltJU ill my UUIUC. y?acu uc vaiuo
in I asked him to let me see his papers.
He showed his warrant to me.
I saw it was a warrant issued by the
United States commissioner. I also
saw that he was a rural policeman for
A Bural Policeman.
"I said to him, 'are you not a rural
policeman for this county?' He said,
'yes, sir.' I said 'haven't you enough
to do to attend to your own duties
as rural policeman without trying to ' .
run the business of tbe United States
government ana or tne governors 01fice?'
He srid lie supposed so. I then. ^
said, 'well, if you want to hold yourf/'
job you had better try to attend to
the business of Richland county, for
which you are employed; I don't know. *
of any busines you have serving war- ^
rants for the "United. States govern
meiit when you ar? in the employment . ~
of the people of Richland county; and %
don't, you in your position put your *'.?*
hands on thfs man Johnson/. . ' Sf
"With that he left the office,.and the
npYt. T heard from the warrant X
-v, ' " < " >
learned it was in the hands ot the man ;
who was sitting in the outer office of
th-e governor's offices when Johnson
walked out of the other door. Rural " '
Policeman Hipp was not ordered out
of my office and was r.ot treated imj
politely, either by my secretary, so
far as I know, or by myself. I spoke
positively to him, as I always, speak
positively on a master of immediate
business to everybody.
"Neither I nor my secretary or stenuarapher
haw <?uty to perform
either as detectives or as marshals or
policemen, and if the marshal sent by
the United States commissioner wanted
to sit down in the outer office, to
which I was called by my secretary
on a matter of business, while James
Johnson walked out the other door, it
was none of my lookout and none of
my business." 1
Blease Paroles ^Portland Ked."
Columbia. ADril 25.?James John
son, alias Edward Murphy, alias Edward
Howard, alias Edward Smith,
alias George Howard, ftlia? -Portland
Ned. the yeggman whose pardon Detective
Reed, of the* W. J. Burns
agency, posing as H. N. Porter, a Chicago
lawyer, alleged that he tried to '
buy last summer and railed, was tnia
afternoon paroled by Governor Blease
during good behavior. Johnson, or
"Portland Ned," as he is better known
is being held until a. reply can be had
j from a telegram the governor sent the
| federal authorities asking him if they
j have further charges agaist him. If
| they have not he will be set free at
Robbery Committed at Enoree.
Johnson was convicted, largely
| through the efforts of Postoffice In!
spector Gregory, of robbing the posti
office at Enoree, in Spartanburg county,
and served a tsrm of seven years
in the federal prison in Atlanta. When
his term there expired he was tried
in the State courts and given ten years
in the State penitentiary in 1911.
This prisoner came into the limelight
during the sessions of the dispensary
investigating committee in
Augusta last July. At that time Detective
Reed, of the W. J. Burns
agency, gave the dictagraph proofs of
a conversation he held with Sam J.
Xicholls in Spartanburg at which time,
it is alleged, Xicholls agreed to enter
as associate counsel in the case and
| undertake to get a pardon for Johnj
son. Reed said that he represented
j himself as Porter, a lawyer of Chii
cago, and that they were anxious to
(CONTINUED ON PAGE 5.)