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GOVERNOR A'ND SUPREME COURT.
Georgetown County Controversy
Brought to Close by Assigning
The State, 8th.
The controversy over the special
judge for the Georgetown county
eourt betwen the supreme court and
Gov. Blease was brought to an end
yesterday when Ernest Gary. a dis
engaged circuit judge, was assigned
by Chief Justice Jones to hold court
in that county commencing on March
Walter Hazard, of Georgetown, had
beeP indorsed by the Georgetown
Cou2y Bar association to the supreme
couV for special judge.
Gov. Blease said yesterday that the
name of Walter Hazard was included
in the list of "eligibles," that he had
not announced, in fact, it was the next
mame 'on the list that -he had promised
to furnish. The indorsement was sent
several days ago to the chief justice.
However, Gov. Blease said that he
would commission Mr. Hazard should
his name be presented by the supreme
Another special judge development I
was the recommendation by the chief
justice of F. L. Willcox. of Florence,
to be commissioned to hold the Flor
ence county court commencing next
Z.- Letters Not Oiven Out.
The following letters which throw
additional light upon the controversy
with reference to the special judge for
Horry county, between the Supreme
court and Gov. Blease are published
today for the first time. The letters
kave not yet been given out by the
"I am ii receipt of your letter of
Februaty 28, in which you give a list
(f 22 lawyers whom you suggest as
kIualified and competent to serve as
special judge, and in which you ex
press willingness to furnish other
names if those suggested are not by
me deemed worthy to serve.
"I shall not call upon you, governor,
to furnish any such list and regret
that you have troubled yourself with
a matter beyond the scope of your
This letter was dated March 1.
The following is another letter ad
* dressed by Chief Justice Jones to Gov.
Blease on February 21:
"Being advised that Judge J. C.
Klugh, becanse 'of illness, is unable
eo hold the regular court of common
pleas and general sessions for Horry
county, commencing February 27, to
which he was regularly assigned, and
there being no other circuit judge dis
engaged, pursuant to section 2,743 1
code of law, I respectfully recommend
that you issue a commission to C. P.
Quattlebaum, Esq., learned in the
law, as special judge to hold said
This letter was ignored by Gov.
Criticises Supreme Court.
"I am still of the opinion that the
act is unconstitutional and I regret
that the Davis negro's fate happened
to come in at this time, for if it had
not 'been for this controversy, I am
satisfied that this question would not
have been lugged into the case."
'This critical statement was made
of the supreme court by Gov. Blease
* in announcing his position as to the
commission of special judges.
Defines His Position.
Gov. Blease defines 'his pos-ition as
to'the commission of special judges
as follows: "My position, in the spe
cial judge appointments is, that where
a regular judge is disengaged (that is,
not holding court) the supreme court
shall designate the disengaged judge;
but, wher there is no regular judge
disengaged, then, under the constitu
tion, it is clearly the duty of the gov
ernor to appoint and commission. In
my opinion, the act of the legislature,
saying that the governor shall ap
point upon the recommendation of the
chief justice, is clearly unconstitu
tional. This was my opinion, as. ex
pressed in my two messages upon this
subject to the genral assembly.
Does Not Change His Opinion.
"The decision in the Davis case does
not in the le'ast alter or change my
opinion or my views. I am still of
the opinion that the act is unconsti
tutional and I regret that the Davis
negro's fate 'happened to come in just
at this time, for if it had not been'
for this controversy, I am satisfied
- this question would not have been'
lugged into the case. The issue there
being, not as to the appointment of
the judge, for 'that was clearly regu
lar as he had been appoinnted and comn
missioned by the governor; but, the
question wa whether or not the gov
ernor could call a special term of~
court, and is not analagous with the
question raised by me with the legis
Inicrease of "EIigib~les.''
The folwing additional list of
those "eligible" for commission as.
special judges has been prepared by
Gov. I >e which will very likely be
ssntt in ureomeournnt Walter
Hazard, Georgetown; F. H. Dominic:
Newberry; J. Edward McDonal
Winnsboro; ". F. Warren, Hamptor
C. J. Ramage, Saluda; W. H. Hun
Newberry, ar.d W. H. Holman, Cha:
Gov. Blease said yesterday that i
making up the "eligible" list whic
he sent to the supreme court that I
had named a member of the bar froi
every county in South Carolina an
that in some instances he 'had name
more than one and as many as thr(
He said that he thought the list tc
long and sta::ed at the end of his le
ter to the supreme court that thel
were others that might be named.
Ruling by Court.
The supreme court in an opinio
by Chief Justice Jones recently rulE
that the governor must commissio
special judges upon the recommend,
tion of the supreme court. Go
Blease takes the pos-tion that he i
the chief executive of the State an
that the supreme court has not autl
ority over him. He said yesterday thE
he would commission regardless
the recommendation of any one an
that he had sent the list of "eligibles
to avoid friction with the judicial d(
partment of the government.
GOVERNOR GIVES CORRECT LIS'
Three Names of "Eligibles" Omitte
From List First Published-The
News and Ccurier.
Columbia, March 6.-Gov. Bleasi
when asked Monday as to whether r(
ports from Florence, to the effect thE
he had submitted to the suprem
Court a list of attorneys when 'he wa
willing to commission, upon th
court's recommendation, as speci,
judges, said that the list as publishe
was, for the most part, correct; "but
he added, "of course they had to lie
little on me, to make it interesting
Gov. Blease furnished, upon ri
quest, -a copy of his letter, as- followc
The Governor's Letter.
The Hon. Ira B. Jones, Chief Ju!
tice, Lancaster-Dear Sir: I woul
respectfully suggest to you the fo
lowing named gentlemen, members<
the bar of South Carolina, who a:
qualified, competenit and well enoug
learned in the law, to hold, any cou:
that may be 'held or will have to 1
held in this State:
W. N. Graydon, Abbeville; John
Breazeale, Anderson; Arthur Bes
Barnwell; C. C. Simms, Barnwell; I
P. Pollock, Cheraw; T. Bothwell Bu
ler, Gaffney; George W. Brown, Da
lington; Samuel McGowan Simkin
Edgefield; G. Willard Ragsda.le, Flo
ence; J. M. Cannon, Laurens; Tho
G. McLeod, Bishopville; B. F. Kell
Bishopville; T. I. Rogers, Bennett
ville; F. L. Bynumn, Newberry; T'hc
F. Brantley, Orangebu.rg; Samuel
Nicholls, Spartanburg; W. B. Wilso
Sr., Rock Hill; Jas. P. Carey, Ja
Pickens; James E. Peurifoy, Walte
boro; Leroy Lee, Kingstree; Robe
H. Welch, Columbia; R. 0. Purd
There ,are many, other names whic
I could furnish you and which I wi
be pleased 'to furnish, if there a:
none on this list which you think a:
worthy of at some time being a sp
Cole. L. Bleose, Governor.
Columbia, February 26.
Three Names Omitted.
Comparison of this letter with ti
story on the subject published in ti
Florence Daily Times--of which pal
er Representative Hartwell M. Ayi
is editor and proprietor-shows th1
the Florence article gav the :lis
correctly except for a few errors
to initials and the omission
Messrs. Bynum, Nicholls and Wilso
The governor, it will be noted, dot
not in his letter inform the court tha
it need not expect him to commissi<
any person other than those liste
by him, but, in discussions of the ma
ter on the streets, that is the meanir
attached to the communication.
Another Clash Imminent.
Another clash between the govern<
and the supreme court is now immia
ent, for the Georgetown bar has sus
gested to the court the designation <
Mr. Walter I. Hatard, of Georgetow:
as a special judge, 'to preside over
term of the Georgetown county cour
soon to be convened. Mr. Hazard
name does not appear on the gove
nor's list of eligibles and it remair
to be seen wheth.er G-ov. Blease wi
refuse to commission him in case ti
court recommends his appointment. I
the decision handed down Saturda:
the court held that the commissionin
of a citizen whom the supreme couw
might recommend for special judg
was an act purely ministerial, ti
performance of which is obligato2
uon the governor; he can no' mci
withho!d the commission than he ca
refuse to commission an officer elec
ed by the general assembly.
Mandamus May Issue.
Should the governor tbn. in ti
face of this decision, decline to im'
a cornmi~ion tc~ "~''
court's recommendation, there would
1, be presented, squarely, the question
t; whether the supreme court can man
t, damus the governor to perform a min
- isterial act. In its decision of Satur
day there is the intimation that in
n such event the writ of maindamus
h would issue, but the court intimates
e also that with issuance of the writ
n the court would stop. In the language
d of Justice Taney, quoted by the court,
d "the judiciary" would then have "ex
e hausted itself." This would relieve
the court from the necessity of actual
o ly coercing the governor, but would
L- lay on him the onus of non-obedience
-e to the solemn command of the State's
highest tribunal, in which is vested by
the people the ultimate right of con
n struing the law, the governor also be
d ing bound by law to support, uphold
n and defend the law, as by the court
V. The Black Case.
s The question whether the governor
d can be mandamused has never been
L- presented squarely to the courts.
tt When Governor Ansel dismissed Dis
>f pensary Directors Black, Rawlinson
d and Wylie, these directors, in the ori
" ginal jurisdiction of the supreme
- court sought a writ of mandamus, di
recting the governor not to interfere
with them. The court decided the mat
- ter on another 'ground, saying that the
question 'whether mandamus would
d run against the head of the executive
department was not raised by the is
sues involved; when it was properly
presnted the court W&Uld to the best
of its abilty to decide it.
Circuit Judge 11L.
Tht need for a special judge at
t Georgetown arises from the same cir
e cumstances as that which caused the
.s request for a special judge in Horry
.e the illness of the Hon. J. C. Klugh, of
Ll Abbeville, the circuit judge who was
d to have presided over the courts of
" that circuit this spring. Gov. Blease
a is quoted as having declared that
Judge Klugh ought to resagn.
The Best Eulogy.
Augusta Chronicle, Feb. 24.
Cascades of poesy and avalanches
d of rhetoric too often characterize ora
1- torical tributes to the defbarted. Read
ing the great memorial orations, or
'hearing the average ones, you are
hstruck by the fact that verbosity ex
et ceeds sincerity--words as a rule arf
emade to serve for 'feeling.
One sentence from the heart is
worth a dozen pages from the tonguE
tor mind. He who feels is bound tc
convey some measure of his feelings
tthose about him. He 'who speak:
r- by rote. however so 'beautifully, fails
to sever the latchstrings of sentiment
r- Senator Tillman's tribute to depart
edassociates, Dolliver and Clay, is a
specimen of genuine oratory-crysta
,lized eloquence. Rhetorically there i~
nothing to the words he uttered, bu
they are clothed with the ga-rb of sin
cerity and carry echoes 'to the hear
even when presented in the cold ani
passionless form of print.
rWe quote his concluding words:
Dolliver; as we all called him, was
a great man. Great men are plen'tifu:
hin 'this country, but not as great as
1Dolliver. Good men are plentiful it
ethis country, but not as good 'as Clay
They both have left us and we kno'a
_not how soon our own time may come
I 'feel that with esDecial force. But
but I can not go on, Mr. President. ]
have thought, but the words. will nol
come. So I will sit down.
The veteran senator from Souti
Carolina migh,t have ransacked th<
ie classics for metaphors, :he might havE
e spread the liberal stones of the Eng
-lish language over a 'discourse o:
r hours, and 'have failed .utterly in pay
it ing so touching a tribuite to the friends
~t who have passed away.
L's "I have thoughts, but the words
fwon't come!" How often have w.
-seen -the lover, the friend, the com
spanion, bending over the lifeless forn
tand the forever-sealed lips of one wh<
'nl had gone, unable to gi;ve utterance tc
Ni a single apothegm of grief or one
t-~ syllable of despair! And that sad
g tragedy to the surviving when noi
even tears will relieve the silently
burning heart speaks its pa,thetic elo
> quence to us nearly every day!
1- Then comes 'the mourner with pro
fuse tears of storm of words, behind
>fwhose countenances we cati see the
2, lurking seeds of quick recovery, and
a all their outward demonstrations of
t,~ grief appall our very souls!
's There is no language to express and
-no 'heavenly tears to drown the bit
tS terest 'sorrows; an.d the deepest grief
11 leaves no scars.
Ie Senator Tillman conveyed that im
n pression which every wordy tribute
,seeks, but often fails to convey genu
eLOST-A seal grain bill book con
y taining two notes, one for $100.00,
-e payable on demand, and one for
n $20.00, said notes made payable to
t- G. W. Cromer. I warn every body
not to take said notes as collateral
or otherwise. Anyone finding said
e notes and returning same to the un
e dersigned will be rewarded. G. W.
".',rner, Pro~;per~ty, S. C. 3-7-2t.
1 CHICAGO E. ST. LOUIS
When the farn
for a week or a mo
and maturing elem
he lays himself lia
fruit, and to the g
the use of our "Sui
made of the highes
Blood, Bone and Tankage, r
tinuously from the time the see<
wet seasons much better than o
They are finely ground and absc
Call on your nearest de
It he can't supply you, write t
so you can see what our custom<
big crops for others, give them
Don't be satisfied to buy
"Supreme" or "Southei
S. C., J. S. Wessinger, Chapin, S. C
A D, Hudson, Newberry, S. C., Smi
Farm anz Garden
have an established reputation
extending over thirty years, be
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Wood's New for 1911 will
Seed Catalog M &"I as
to what crops and seeds to plant
for success and profit. Our pub
lications have long .been noted
for the full and complete infor
mation which they give.
Catalog mailed free on
request. Write for it.
T. W. WOOD & SONS,
Seedsmnen, - Richmond, Va.
SKIN AND SCALP TROUBLES
YIELD TO ZEMO TREATMENT.
A Clean Ligeid Preparation for Exter
W. G... ffayes' Drug Store is so con
fidient that ZEMO and ZEMO soap used
together will rid the skini or scalp of
infant or grown person of pimples,
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The first application will give
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ILet us show you proof of some re
markable cures made by ZEMO andl
give you a 32 page booklet how to
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Now is the time t*subscribe to The1
I erald and News.
Ladles! As k yorDrugI for X
boxes, sealed with Blue Ribbon. 1PYPRIiSSEiYW5b
Tako no othe.r Bu C FTEoR
* ) '11f KIN)PLS oyens kno-vn. as Best, Safeat, Alwa y Rei!He
CASE AFTER CASE.
lenty More Like This in Newberry. .r<
Scores of Newberry people can telle
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r an be had than such endorsement? h
M. M. Graham, Newberry, S. C.. h<
says: "[ used D)oan's Kidney Pills a:id si
hey did me so much goodl that I do I
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KANSAS CITY ST. JOSE
14pt FACTUR Es R .
[er buys fertilizer, lie is providing r
nth, but as long as there is need of
nnt. Unless he buys with this one
ble to losses incident to a stunted
reater loss of shedding. All thes<
preme" and "Southern Big" Br
t class of materials known to the tr
repared according to our improved i
I sprouts till the crop matures. T
ther fertilizers and keep the plant
lutely dry, thus insuring easy, ever
aler fdr a copy of our 1911
rs direct and we will promptly mc
rs say about them. Our Fertilize:
a chance to do the same for you.
"just guano," but INSIST on gE
rn Big" Brands. They are a
FOR SALE BY
Mercantile Co., Kinards, S. C., Sheal
th as. H. Eargle, Pomaria, S. C.
ff you could telephon
Sthis Farmer in case of sickn
live stock, you could prob
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The telephone costs
Sput :ne on,your Farm ?
frOuir free booklet gives
frit today. Address
farmners Line D3epartin
SOTHERN BELL TELU
Ca TELEJGRA2PH CON
1633m ra~ ryer st., Afiani
In its ninth year of~
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counhej over as the?
"ON E CCFF EE"OfW
and modefatepjtice @
THE REIY TAYLOR CO.
NEW ORLEANS. U.S.A.
ent in passage that I had to arise
~veral times at night. The various
medies I tried proved of no avail1
d I 'had about given up hope ofj
ter being curad when I heard of
oan's Kidney Pills. I procured a
x at W. E. Pelhamn & Son's Drug
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ough I did not think they would
alp me. I was agreeably surprised,
wever, as they went directly to the
yat of my trouble and effected a cure. ,
have had no return attack of kid- -
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'edit is due to Dean's Kidney Pills.
For sale by all dealers. Price 50
nts. Foster-Milburn Co., Buffalo, wi]
ew York, sole agents for the U~nited ne<
Remember the r am.e-Doan's-anld Ho
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:PH OKLAHOMA CITY
lant food for his crop-not
plant food as a sustaining
idea prominently in view,
growth both in stalk and
a losses can be avoided by
and Fertilizers, which are
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hey stand the drouths and.
in much better condition.
and uniform distribution.
dl you a copy
rs have made
y & Derrick, Little lountain
e your veterinary like
ess or accident to your
ibly save the life of a
armer should be pre
very little. Why not
all the details. Write
of'ten puts opportunity within
A chance .for a good invest
ment comes sooner or later and
if you have the money the j.ro
fit is yours; if not, the other fel
low gets it.
-Open an account with this -
bank- and save systematically,
you will then have the READY
MfONEY when opportunity come
We offer you ABSOLUTE
SAFETY for your savings, and
will allow interest credited quar
terly OF POMARIA,
Z. T. PINNER, V. L SMiTH,
R. H. HIPP, Vice-President
92. E LD AU
[1 answer emergency calls In con
tion with his office work. Special
s, morphine and other drug habits.
urs 9 to 1 forenoon: 4 to 8 after
n.10 - 0