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* AA ~ Jrs ' tA k, tkK~"'' ~ V1 ~ 'w, 42.i:r~2j>Y'; I~'"''vyi so x..5 u. At A;x.'Tic qw VOL XLIV, NO. 16--4, A. .. EWRY.soFRDY. fBUR 2 97 WO EK 10AY& OYERNOR INSEL'S ATION SUSTIMNE 8MUParms OOURT REPUSES. TC GRANT PETITION 0 BOARD. ornor Says Court Has no Jurisdic, lon.-He 01aims He is Answer able for His Acts Only to the People. 14ews and Courier. Columbia, February 19.-The Su preme Court to-day heard the argu ient in the ease brought by th( oard - ot directors of the state dis ensary to require Governor Ansel t( how cause why a writ of certiorar 9ould not be issued against the re oval of the board. The Court re fused the writ and Governor Anse is sutained. h ordeV was issued last week b 80ciate Justice Jones, at Lancaster n he requested the Court to m*e "! him here to-day and hear tl e. All of the members of* the Cour ere present, including Chief Justici ope, who has been seriously ill i his Newberry home. The return o overnor Ansel set up a denial of th 'urisdiction of the Court to review hi etion in this matter on the groum hat the governor is the supreme exe eutive official of the state and that hi is not subject to the control of thi .court in such a matter. The return readc. as follows: "State of South Carolina, etc. . ''"The state, ex relatione J. M. Raw hinon, John Black and Joseph B ylie, relators, versus the Hon. Mar in F. Ansel, as governor of the stat f South Carolina, respondent. An ow comes M. F. Ansel, as the gover or of the state of South Carolina elaring his high respect of the ju icial department of this state, bu ithout in any degree acknowledginj the jurisdiction of this court over hin - us the chief magistrate in whom i vested the supreme executive authori ty of this state, by certiorari, injune tion or otherwise, or by this respons to said rule waiving any power o right vested iii him under the consti tution and laws of this state, submit the following reasons why the cour should not take further cognizance o the application for a writ of certiora ri made upon the petition of the- re lators, J. M. Rawlinson, Jos. B. Wy lie and John Black. "First. ,Because as governor o this state and as the chief magistrate in wlhom is vested the supreme exe utive authority of this state, he i not subject to the mandate, directioi r control of the judiciary in the dis arge of any duty, or to the,exercis any power pertainin to his de artment - the government, but i mnenal one in the discharge o ig ' and in the exercise of hi ,,P,s to the people of South Caro "Second. Because under the con titution a separate, distijict, co-ordi ~e and, coequal offier cannot bi ec por obliged under ther penalt; tempt, to obey the order o #te of his coequqal and co-ordi 4b any manner wvhateverconeern executive duties. ird. That a writ of certiorar he used by'a superior tribuna doan inferior tribunail, or omier the judiciary department is witli tjurisdiction to direct or contro o action of its coordinate and co ual, the governor of the state o: puth Carolina, by such writ or pro p4s. "A)l of 'which is respectfully sub tted for the confideration ,of thil "Martin F. Ansel, 'Qvernior of the state of South Car ~he return was read by Attorne: nera! Lyon, who then proceeded, t< ethe ,case from that standpoint a*fs followed by Mr. WV. T. *Ay a4.ttorney for J. M. Rawlinsoni by J. E. MacDonald, att6rne: Jos. 'B. Wylie; then by Mr. W. B ~r, attorney for John Black. The a ttorney general, Mr. M. P hi, rplied for the governor. nthe progress of the hearing t dustice." oods an4 Asso 166. ~1nes, boti? askell njues otit certain pohit#, gntu the trend of their questions seemed to show that they entertainod very seri 6is doubts of the power of the .court to proe.eed further with khe imaiter. The attOrjey general did not bring out the fact or raise the point that the question before the court was aca demic or hypothetical, inasmuch as the )fIi ce which the directors had held ihas since the governor's action been abolished by act of the general as semlbly, :biit this point was brought out ;n a question from' Justice Woods durieig the argument of Mr. MacDon A9d, 'and it was discussed briefly by Messrs.- MacDonald, Gruber and De Bruhl. The attorney general asked that the jurist.iction of the court be decided, and he rested the qase entire ly ul-on that point, not earing to raise any other issue. Court Dismisses Petition. After deliberating for less thaii aun hour ofter the close of the arguments, the court, dismissed the petition in the following order: The State of South Carolina-in the Supreme Court-J. M. Rawlin-on et ail, petitioner-i, against M. F. An sel as govenor, etc., respondent. After hearing the petition, the re tur:i and argument thereon: It is ordered that.the writ prayed for be refused, and that the petition be dismissed. The reasons for this judgment will be set forth in an opinion hereafer to be flied. Y. J. Pope, C. J. Eugene B. Gary, A. J. Ira B. Jones, A. J. C. A. Woods, A. J. Justice Jones' Order. The order of Justice Joiies, oil which the case was today brought be fore the colt, is as follows: "lUpon the hearing of the verified petition of the petitioners, J. M. Raw linson, John Black, and Jos. B. Wylie, a copy of which is to be served uponi you, you are hereby required to show 5 cause before me, if any you canl, in . the suprenie court room at Columbia, . S. C., at 11 o'clock a. i., Tuesday, the 19th day of February, 1907, why the writ of certio1ari as prayed for in said petiton should not be granted, and it is further ordered that in the meantime all further pro ecedings in the said matter referred to in said petition be, and the same are superseded and stayed until fur ther order-thereof.' At. the conclusion of the arguments 1he court asked that the attorneys I hatid up their written arguments, poiits and authorities and all of them (il so except Mr. MacDonald, who stated that his was not prepared, but he would send it to the clerk in a (lay or so. However, the court then retir ed and at once went into the case, filin. the decisionl within an hour of their retiremii-et. Th * i groinds are not stated, but it is presiuimled that the right of Goverlno Aiisel to re Move the directors is sustained. The opiion,i, it wtill be nioticed, i's unani mu. The court refused to permit the at tornecys to file at suipplemenit ary p)ap)er, which is as follows: The state of South Caroliga-In thie supreme 'court-The state, ex re latione J. M. Rawlinson, John Black Iand Joseph B. Wylie, relators, against [lhe Honorable Martin F. An seal, governor of the state of ,South jCarolina, respondent. To [lie Hortorable the Supreme court of South Carolina. The relaa tors above named respectfully beg leave of the court, by way of reply to the return to the rule to 'sho 'eause 1herein, to p)resent and say: I fhat since the action of his Excel lency the governor in attempting to remove these relators from office as direetors in stato dispensary these re lators liave hield a meeting of their board as.such directors, such -meeting heing held on February 12, 13.and 14 :1907, and. [hat they are entitled to complenisation therefor, as- they are advised aind believe, at [lie rate of four dollara for each of said days, no iart of .which has been paid. That these relators are adlvised and believe that a decision of the questions in volved in the prtoceeding~ her'ein is necessar y, ipm order to determine the question as to whether or not1 these, r elatois are entitled to compensation or the service rendered at the isaid meeting of their board. W. T. Aycock, W. B. Gruber, J. E. Macl)onald, Attorneys for Relators. State of South Carolina, County of Ricliland. Personally appeared Jolii Black, who, being duly sworn, says that the foregoing reply is true to his own knowledge, except as to those matters and things alleged oil information and belief, as to which he believes it to be true. John Black. Sworn to and subscribed before me this 19th day of February, 1907. (Seal.) - 1. Beverly Sloan, Notary Public for S*uth Carolina. J. H. TO ENFORCE THE LAW. Governor Ansel Calls on Sherils and Mayors to Enforce the Law - * Strictly. Gov. Ansel has directed letters to the sheriffs and mayors and inteti dants in which he states that the tate constables are not to be kept on diuty, and he expects municipal offl cers and the sherifs to looff after the enforcement of the law against the illicit sale of liquor. The following is a copy of the let ter": Letter to Sheriffs. Th'e letter to the sheriffs and mag istrates states: My Dear Sir: Section 3S of the local option act,. approved Feb. 16, 11907, has this section in if, to wit: "See. 38. Tt shall be the duly of tle sheriffs and their deputies, mag istrates, constables, rural police, city and town offlicials to efIfor-ve tille pro visions of this act. If they fail to do so, it is hereby made the duty of the vovtrnor to enforce the same, and he is hereby authorized to appoint such deputies, constables and detectives as may be necessary; the salaries and expenses of such oflicers to be paid out of the profits of the dispensaries in counties wherein they may be es tablished, and out of the ordinary funds in counties wherein they have not been established.'' It being made your duty under this section to see that the law is enfore edl, I respectfully call your attintion to the same and request that you give enreful consideration to thh, matter. It, is importalt to the interests of the state, to your city and to your county that. all violators of this law be brought to justice at once. I expect you to perform your duty iii re.gard to same promptly and with out fqnr or fjtvor. M. F. Ansel, ( Governor. Letter to Mayors. The lettler to mayors and inten dlants says: My )ear Sir: ntider the provi- t sins of the local option law, passed , by the general assembllly an(l apprlov- ~ ed on Feb). 16, 1907, which act you have doubtless seen and recad in thet paper01s, and a copy of wvhich I am I sending you uinder' another cover, the state constables will not be kept on duty, the enforcement of the law is ~ laid upon the sher'iffs, their deputies, magistrates, constables, rural police It and city and town ojileinls. I hone that you will look after this matter I and. see that your' police officers pe'- . form thejir duty in this vegar~d ( promptly and without fear' or favor,. Your attention will much obligeo -Yours truly, ( M. F. Ansel, Governor. Fr'om these let t.ers it will be seeni that a rigid enforcement of the law is insisted upon by the governor and unless tarried out removals are look ed for. Magistrates Appointed. Mr'. Ernest 'Wheeler has been ap pointed magistrate at Little Moun tain. It will be remembered that Mr. Noah Boland was flrst 'appointed, lint coilda not serve on account of holding the, yosition of p)ostmafster'. Mr. S. WV. Young was then ap)poinlted but de elined. Mr. B. B. Leitzsey has, beeni ap pointed magistrate for No. 2 Town ship in p)lace of Mr'. S. S. Cunhing 'ham, wvho vanigned. )chumpert'and, In the The execitive committee of the dk H. Dominick, county chairman, yester in the primary on.Tuesday for Proba this coinection and shows that a vet a little over one thousand votes. A second primary was ordered bel ninglamin, these. two candidates havii Votes. The second primary will be 1 managers, who acted -in the first prim The executive committee will meet the vote in the second primary. - Crisp CunninV Old Men .2 3 Young. Meni..... 12 25 Carolia.. .. ... 5 25 West End ...... 14 7 Mollohon ....... 35 1 Helena ....... 3 3 Hartford .. .. ... 0 0 Joh.ustone.. .... 1 3 Glarmany .. ..... 0 19 Mt. Bethel ...... 0 10 Mulberry .. .. ... 0 0 Mt. Pleasant .'. .. 0 0 Maybinton .. .. ...0 0 Whitmire ...... 34 18 Lonlg Lie ...... 0 0 Jailapa) .. .........9 0 Con~iservat ive .. . . 1 3 Kinards...... 3 2 Reederville ..... 10 0 Old Menl No. 6. .. 15 2 Young Men No. 6. 1 ' 2 Saluda No. 7 .. . 5 1 Chappells .. .. .. 0 0 Vaiugh.lnville .... ...0 0 Utopia........ 0 1 Dead Fall...... 1 0 East Riverside . . ( ' Plo-slrity ..... . 17 St. Lukes. .... .. ..0 0 Saluda . . .. .... I O'Neall .. .. ..... 0 9 Swilton ....... 0 0 Liberty ........ 0 0 Monticello ...... 0 0 Little Mountain . 2 0 Union ... . .. .. 0 3 Jolly Street......9 6 St. Paul.... ..... 1 0 Central .. .. ..... 0 6 Zion .. .. .. ..... 1 0 St. Philips ...... 2 7 Walton ..0........0 P'omaria .........2 1 Total.. .. ..... 171 196 AN ACT a Devolve the )ut.ics of the Board ,f Pul;lie Works for the town of Newherry upon the Town Council of said Town. Section 1. Be it. enacted by the leneral Assembly of the State of oth Carolina: That after the ap roy%,ail of this Act, all dutie,s hereto o1e bllonging to and exercised by the 'o1.111ls,ionlerfs of Plblic Works for he Town of Newherry, shall helon J 1111< devolve upon the Town Coun il of said Town. Sect ion 2. This Act shall not. go in i effect until the first day of June 9)07, nor. unless a majority of the ualified electors of the saidl town hall apprpve the same at aan election rhiebi shall be ordered by the Town ~onicil, not les than forty nor more lhon sixty (lays after the applroval of his Act; said election to be held on if,teen (days notice l)y managers ap omted by said. Towvn Council to con net and report the result of the same o said Town Council, who shall de lare and certify the result of such lection to the Secretary of State, nd to the Commissioners of Public Vorks. Tlhe tickets or ballots to be sedl at such election shall be pre eribed by the Towni Council in such ray as to plai,nly express the will of lie voter on the quest'ion submitted. Section 3. The Clerk n'nd Treasurer f the Town Council shall act,as the cretaiy and Treasurer oif the Town ~ounili in the discharge otf the duties evolved by this Act upon the said own Council, and lie shall xeente a bond, with surety i. sureties, in thle sum of five houiand dlollars, to be approved by lie Town Cou;ncil, for the faithful >erformnele of his duties as such scretary and Treasurer. The Town louncil shall require the said Scre :ary and Treasurer to puiblish in one >r more of the newspapers of said roiwn, qunarrl sitaments of his re Cunningham . Second Race. mocratie party met in the ofice of F. day morning and tabulated the votes te Judge. The tabilation is given in y light vote was cast, there being but ween F. . Sciumpert and S. S. Cun g received the highest number of eld on next Tuesday and the saiu ary, will conduct. the second. on Thursday of next week to tabulatt ham Jones Maybin Schuimperl 4 6 5 45 11 33 36 12 49 4 21 16 1 6 8 3 1 2 0 . . 0 0 7 1 1 2 2 0 0 5 0 0 0 0 2 7 0 2 0 4 14 7 0 0 0 3 1 3 4 0 6 4 3 4 0 0 3 '2 0 8 0 1 13 5 0 0 24 0 0 0 0 0 0 0 16 ( 0 13 0 0 10 1) 6 51 0 ()10 0 1 14 2 1 0 0 0 0 0 0 23 0 ,0 11 2 0 20 0 .12 2 1 0 - 1 2 1 2 0 0 5 1 0 2 3 7 0 1 2 16 163 121 376 etipts and .dis-builselellts, showin the soures and ebaracter of saidpre eeipts and disbllrsellents. Tie ,ai< Town Council shall cause the book and accounts of the Secretary an, Treasurer to he audited semi-an,nual ly by ain expert accountant, whose i.e port to said town Council shall 1b published in. the salme mainner a.s th report of the Secretary In'ld Treasur er. Section 4. When this Act ioesi effect, tile Commissioners of hnblii Wirks shall make a full and o m plete inventory of the -waterworks etectric lightinug and( sewerage planuts tundler their control, toget her with ali suppl)1ie!s, monecy and otheri 'properi't uiseod in connectioni therewith, in thii possessionI 0or unde(r their control, i.n eluding the sinking fund p)rovided( foi the payment of the bonded dlebt in curredi for the establishment an< maintenance of the water works, e trie lighting and sewerage system: operated by them for the town o Newberry, and 81hal1 turn the propert; and moneys so inventoried over t< the said Towni Council, taking thei receipt for .the same. Section 5. That all tihe Acts am parts of Acts in conflict with thi Act are hereby repealed. Approved tihe thlirtoeenth day o February A. D. 1907. This is to certify tihe foregoing an herto attached copy of an Act to oe volve tile dluties of the Board of Pul lie works for the T1own., of Newherr Iupon the T1owni Conneil of said TPowi to be a true ando correct copy of sai Act as taken from and compare withI thle origi.nal Act no0w on filei this omee. Given uinder may hand and( the seal c the State, at Colimbbia, this thi 15th day of February A. 1). 1907. R. M. McCown, GOOD MEN SELECTED FOR THE COMMISSION GOV. ANSEL TRYING TO GET BUSINESS MEN TO SERVE. Three of Those Named Have Accept, ed Task-Mr. Poe of Greenville and Mr. Simpson Have Dedlined The State, 19th. Board of Commissioners. W. J. Mlurray, Columllbia. C. K. Henlerson, Aiken. W. Wells Simpson, Woodruff. Nelson C. Poe, Greenville. Johnl Mosweenl, Timmnonsville. Gov. Martin F. Ansel yesterday ap pointed the board of five commission ers to take echarge of winldinig up the affairs of the state dispensary. Their names are given above. These gen tlemen vere named witlhout consulta tion, as there had not beenl time to.get their consent. The state wired elich of, tlemi for ta statement as to his purpose, and the following replies were-received: ''Greenville, Feb. 18. Have wired the governor I can not accept. N. C. Poe.' TimmFonsville, e. 18. 1 will ac eept 0lov. Anisel's appointhmnt. Johni Mcesweenl.' "Wo4ldrul. Feb. 18. Will not le cept. V. W. Simpoii.'' ''Aiken, Feb. 18. C. K. IIendersoni was scen this afternon in re-ard to the appoiitmtien t btut wmld it say whetdher he would 1necept or nuot. He goes to Columbia timoIIIrrII. to coifer. wvithi ('ov. Anisvl.'' Dr. W. .1. Munrray, ater deliberat ingE all dIly, sael la- nit1: "I will 11-eepl from111 a1 Sense of duty. " Subse(iuenlt to t receipt of the above telegram Crom Ailien, the fol lowing was received by the State: . "Aiken, Feb. 18. Mr. C. K. llcnder son receivedi a long distance telephone Inessige today I'fron Gov. Ansel au nouicing that, lie had been appoint. ed one of tlie comimissioiers ol five to w\'inld up thle businless of the state dispensary. Mr. 1Ienderson will go to Columbia WedieslIly to begin his duties." (1ov. Aiisil 'ferred 1by telephiotne tooki his suefmuld slep inl carry, inl-, (lut Ile provi.,ious of 111e ('arey-Cotlran bill when lie ppoint3imtiied Ile commiiis sion o io i p the4 buisiniiss if the state disiileary. ''lienl. I( 1111e sure thiat Iris pr(ldclamation vicsinlg the dis pvenSlr-i(-s w sIt csarried o)uIt. Ie tele grapIled every dispenlser. ill tie State as follows: "Close your dispensary and keep it closel until fiulrtiher mrders.' For tie past. week, alter it. becamne apparent 0hal Ile af1airs ot tie dis lensary'WVre I be elose<l and1( that it wild be lnecessariy lr]. a (-mllnllissionl t1 be :1pmpoiied to accmpmlIlish 1this wo( rk, (1 ov. A nsel has g.iveni thle mat ter considerable t hoiglI. I Ie seleeet ed mnen lie hoiughit would serve and Imen thati ar'e known f'or' thir bis,iness ability. Hie wished, as he expressedl it him self', tom see that- ever.y pirl, (of the bus1 mness, which car'ries a stock of -$700, 001) ini addit11ion to that in the retail Idispensar.ies, shouildI be given a thorough investigation, and when the doors01 of the "inistituition oin thie !banks of the Conigaree" should be closed flially and the property dis posed of there would \be no criticism. Go0v. Ansel conferred by tiephone with each of the gentlemen appointed Iand1 urged the acceptance of this task Sas a call to duty. The official letter appointing them is as followvs: My Dear Sirs: Under and by vir tue of the act of the general asseml 'by, passedl at the session jiust ad journed., T am retquired to ap)point fivet comisiioneris to wind up the busi -ness of the state dispeinsar'y, and am retiuired1 to( apinOit five goodl buinelss men upon said comnmissioni. In obed 'ience to the atthority vested in me b)y hat act, I do hereby appoint you as oiine ofi said 'omisiSoners'. The followi irno nedl genitlemeni co nst i tute thle boarid as appmointfed by Ime, to wit: i-. W. J1. Murriay, Colunbia ; C. KC. Hfenderson, A iken; John McSween, (Ccitnenonn Pna-e 7.)