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The herald and news. (Newberry S.C.) 1903-1937, October 01, 1912, Image 7

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn86063758/1912-10-01/ed-1/seq-7/

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blease points out error.
Justice Woods Expresses Regret at
Mistake?Will Correct?Does Not
Change Opinion.
Columbia, Sept. 26.?Cc^pie? of let-1
+ers which passed between Governor I
Blease and Associate Justice Woods
in re the opinion in the Anderson magistrates
cases follows:
September 17, 1912.
"Hon. C. A. Woods, Associate Jus^
tice, Supreme Court of South Carolina,
Marion, South Carolina.?Sir: lj
, notice in an opinion rendered by you
for the supreme court, in re appoint-;
ment of certain magistrates for the r
^ counties of Spartanburg and Anderson
L that you state, in the case of Lyon vs.
J Ty"-'-VwT r\4- o 1 44 O T-i /3 + Vw-v rrATT. ,
Iiiowcien ana xviru>, a.*, ?"u iut j
ernor failed to submit the appoint-1
ments at either session." This could |
not have been an oversight because it |
is inserted in your handwriting in the;
typewritten opinion.
"I beg to callfto your attention that
this statement is erroneous, on the i
contrary, by reference to the Journal
of the senate of South Carlina, 1912/
page 782, it will be found that I sent!
message Xo. 37, to the said senate on J
the 13th day of February, 1912, in j
which I furnished a list of all appoint-j
ments made by me, includirg the coun-|
ty of Spartanburg?the fir^t name on
the list being W. R. Tanner?th?
eighth name being S. S. Tiner?the
? ninth name being T. 0. Fowler and the j
twenty-first rame being J. M. Bowden.!
The clerk of the senate, however, only
I published in the Senate Journal the
* names of those who were confirmed,
and failed to published the names in !
the Journal of those who were not!
confirmed. The senate having refused !
to confirm the nominations or appointments
of the other ir-agistrates, the
clerk did this, I presume, upon the
motion found at the top of page 783,
of said Journal, which reads:
"'On motion of Mr. Hardin, the seal :
-of secrecy was removed trom tne proceedings
of the executive session, so
far as the same relates to appointments
made by the governor and confirmed
by the senate, and the same
were ordered published in the Journal:
^ "In the same message, under the
head of 'Aiken County,' the original
message contains the appointment of
L. M. C. Oliveros for master, vice W. N.
Jordan, deceased. In the printed
Journal, this is left out because he I
was not confirmed at that time.
"Under the head of 'Beaufort County
' township commissioners were in
the original message, but in the Jourr.al
were cut out, they not having been
1 . "And other counties, including Anderson,
appointments which were set j
out in the original message sent in by;
me, but were no\ confirmed, are left
out of the printed Journal. The original
message, which is now in the
hands of the clerk of the senate, or
which should be in his hands, (an ex-.
? act and corrected ccpv being on file i
in this office) shows that these ap- j
^ pointments were sent to the senate by j
me. The senate refused to confirm J
* them, and I am satisfied that the sen- i
ator from Spartanburg, and other sen-;
ators, will confirm my statement and
say that these appointments were sent
in and that the senate refused to confirm
"Now, I can not see, Judge, why you !
should put in your judicial record, as j
a reflection upon me?the chief execu- 1
tive of the State?a statement which!
is absolutely false. I care nothing for j
the law as you have decided it in thej
magistrate matter; it makes absolutely;
no difference to me?and I told some'
of the attorneys in these magistrate
matters that as soon as the senate refused
to confirm, they were no longer
magistrates?my construction of the
law being that wrhen the vacancies occurred,
I had the right to appoint, and
when the senate met and refused to
^ ' confirm my appointees that they were
no longer magistrates, and that others
^ would have to be appointed to nil the
vacancies. Therefore, you have held
just what I thought was the law in the
Anderson matter, but I can not allow
your decision to go unchallenged when
vmi nr>pnsp mA of having npp'lpctprj to
perform a duty, as chief executive
which I did perform, and which it was
your duty to know that I did perform
aad certainly you should have preeimed
that I did perform, as the law
presumes that all officers do their duty
uatil the contrary is shown, and not
, * bave put thi? erroneous statement in
your opinion as a renecuon upon me.
"A copy of this letter has been mailed
*c each of the associate justices and
to the chief justice and to all of the
?ir?ait judges of this State, in order
tkat they mar see the injustice which
been done me by you.
"I attach copy of telegrams to and
i from the clerk of the senate.
''I hope that before your opinion is
^ r printed in book form and made a permanent
record, that you will do n>
the fairness to corroct this error and
remove this uncalled for reflection upon
me in charging me with not doing
represented in the cl
third class piano as fi]
00 more for a piano t
upon what we tell yo'
the money than cai
hundreds of piano cu:
on us or write us.
what I did do. i
Very respectfully,
"(Signed) Cole. L. Blease,
"Columbia, S. C., Sept. 16, 1912.
"M. M. Mann, St. Matthews, S. C.?
Did not the senate refuse to confirm
magistrates T>ner, Bowden, Tanner
and Fowler from Spartanburg? In
the printed Journal you leave these
names out because they were hot confirmed,
I presume. Is this correct
"(Signed) "Cole. L. Bijase,
"Gov rnor.'
St. Matthews, S. C., Sept. lo, '12.
'Governor Cole. L. Bleas% Colum
bis, S. C.?All confirmations ot ai.
ointments by governor are published
i:. Journal. Deliberations of senate on
tlips^f matters being in executive ses-|
sion no negative action on appci it-1'
ments is published and Journal is al- ways
silent thereon. Have no reool- f
lection as to particular appointments'
mentioned, but had they been confirmed
Journal would have shown confirmation.
"(Signed) M. M. Mann." |
"State of South Carolina, County of J
Richland.?Personall came Alex Rowland,
who, being duly sworn, says that
~ : ~ ?'?? flnrino- f V> & mntlthS
iS> I1Uvv auu ?>aa uuinib ' .?
of January and February, 1912, private
secretary to Governor Cole. L.
Blease. That on the 13th day of Feb-j
ruary, 1912, this deponent delivered
into the hands of the presiding officer
of the State senate of this State an en- i
velope containing a message from the [
goyernor, which set out. 'To the hon-r
orable, the members of the senate of ,
the State of South Carolina, gentle-1
men: I herewith transmit to you ap-i.
nnintments made bv me since your ses- i
1 ~ w " I
sion of 1911. I would have transmitted
these to you earlier, but have been i
holding them hoping that the supreme
court would render a decision in a
very important matter which is pendj
ing before them in reference to the
j appointment of certain officials. I am
satisfied that the court will sustain
j my position in the matter when their
; decision is finally rendered. However,
I I do not deem it advisable to further
i delay in sending you the list herewith
transmitted.' That this message was
I signed by 'Cole. L. Blease,' 'governor.' ,
! That, the first page of said message
contained general appointments; that
f then followed alphabetically, by conn- \
ties, beginning with the county of Abbeville,
separate sheets containing the
appointments for ihe various counties, j
: That the sheet headed "Spartanburg
County' contained magistrates and
j that the first name on 6aid page was
j W. R. Tanner, Cowpens, S. C.; that
the ninth name on said page was S. S.
j Tiner, Pacolet, S. C.; that the tenth
name on said page was T. 0. Fowler,
Rei^ville, S. ; that the twenty-sec;
ond name on said page -was J. M. Bowden,
Spartanburg, S. C.?these being
the name? of the magistrate* appointed
for the county of Spartanburg and
their postoffice addresses at these par- j
j ticular named places. That this de|
ponent now has in bis possession, in
1 the governors office, an exact copv as
, corrected by him and marked 'correct- !
j ed copy, 2, 13, 1912,' and that the said
j corrected copy shows the names herein
mentioned just as recorded and set
out in the original message as de|
livered by him to the presiding officer
hing In Its
f( Even among p
tellectual, educa
other differences
in every article
Sare diversities of
Each article shou
| the class to which
some of the very
' also sell some wl
as the best. Ev<
lass to which it belongs. W
1 J ? 1y 1IA11 H
rst Class, Iiur uu we as a. yuu .
han it is legitimately worth,
u about a piano and we give ;
1 be obtained elsewhere. 1
stomers who will back up wh:
nd Brot
of the senate; that the names of W. R.
Tanner, /S. S. Tiner, T. 0. Fowler and
J. M. Bowden were on this list and that
their appointments as magistrates for
the county of Spartanburg were submitted
to the senate at the session of
1912 for confirmation.
"That this deponent's information
later was that the senate had declined
to confirm the appointments of these
four persons. Alex Rowland.
"Sworn to before me this 17th day
of September, 1912.
"Walter L. Mishoe, L. S.t
v~*??' I
"Notary Public for South Carolina." j
"Marion, S. C., Sept. 18, 1912.
"His Excellency C. L. Blease, Governor
of the State of South Carolina,
Columbia, S. C.?Sir: Your letter of
the 11th inst has just been received. I
regret very much the erroneous statement
in the opinion written by me
that you had not submitted the ap
pointment of magistrates to tne s-enaie
at its session in "12, having taken
as I thought the lost pains to verify
the statement of facts, the mistake is
a great surprise. Xo doubt the statement
was based on the. uncontroverted
allegations of the original complaint
in the Bowden case, which you willj
find set out in full in the opinion of
Associate Justice Watts, as typical of j
all the cases, one of the allegations j
Koincr fhnthA nnnintmpnts had not I
been submitted to the senate. And I i
failed to notice that there was an;
amendment of one of the complaints
alleging the submission of the ap- j
pointments and the refusal of the sen- !
ate to confirm. I can only say that I
regret exceedingly the mistake which
is entirely mine, that the opinion will
be corrected, and that the clerk will
be instructed to give the correction j
"publicity as soon as an order for the
correction, which I am sending to the
chief justice, can be signed by him.
Fortunately the error does not affect
the pudgement of the court.
Very respectfully,
(Signed) "C. A. Woods."
WicJrersham Explains Newspaper Law
Just Adopted?What Circulation
Washington, Sept. 26.?Attorney
Genera] "Wickersham today sent to
Postmaster General Hitchcock a written
opinion on certain phases of the
new federal law requiring daily and
weekly newspaper and eome other
publications to present to the poctmaBter
general semi-annual sworn statements
of circulation, ownership of th?ir
stocks and bonds and other information
under penalty of denial of th? us? j
of th? mails. f > j
The attorney general upholds the
postmaster general's construction that
it is immaterial whether subscriptions
are individual or in bulk and that i
th* provision of the lair covers the
lumber of copies of a publication dis- j
tributed to certain paid subscribers
by any mcanp. The attorney general
does not touch upon the constitutionality
of the .law which is part of the
postoflice appropriation bill enacted at
the last session of congress.
Mr. Wickersham's opinion, prepared
at the direction of President Taft,
does not touch upon the constitutionJ
eople there are in"
.tional, moral and
in individuals. So
of commerce, there
grades and clashes.
Id be represented in
it belongs. We sell
best pianos but we
lich are not so good
sry piano we sell is
e do not represent a
from $75 00 to $100.
You can depend
you better value for
iVe can refer you to
it we say. Call upI
McCalFs Magazine
and McCall Patterns
For Women
Have More Friends than any other
magazine or patterns. McCall's
is the reliable Fashion Guide
monthly in one million one hundred
thousand homes. Besides showing
all the latest designs of McCall
tv.A* u
it aluciu^, ca^'u i.^auc uniiuu; \jl
sparkling short stories and helpful
information for women.
Sare Money and Keep in Style by subscribing
for McCall's Magazine at once. Costs
only 5? cents a year, including any one of
the celebrated McCall Patterns free.
McCall Pattern* Lead all others in style,
fit, simplicity, economy and number sold.
More dealers sell McCall Patterns than any
other two makes combined. None higher than
15 cents. Buy from your dealer, or by mail from
236-246 W. 37th St, New York Cily
>' to?Simple Copy, Premium CtUlofue tnd Pattern CtUloftit
free, on reoueet.
ality of the lawjwhich is part of the
postoffice appropriation Din enacted at
the last session of congress. Mr.
Hitchcock inquired whether the law
"shall be limited to paid individual
subscriptions, or shall include, purchases
in bulk by news agents cr
others for redistribution; also, whether
in your opinion the provision covers
paid circulation of daily newspapers
not distributed through the
, mails."
Attorney General Wickersham re!
plied categorically and definitely to
! thofip innniries. holding that:
Does >'ot Matter.
"1. It is immaterial whether or not
the subscriptions are individual or
in bulk. The. statement should include
the average of the number of copies of
each issue of each publication sold or
subscribed; that is have agreed to take
subscribed; that it, have agreed to take
and pay for one or more copies of the
publication for a definite period of
time, and have naid for such subscrip
I tions;
"2. In my opinion the provision covers
the number of copies of such publications
distributed to such paid subscribers
by any means, whether by
the mails or otherwise."
"We shall administer the law justly
and impartially as we find it," said
Mr. Hitchcock today. ''The opinion
by the attorney general upholds the
construction placed upon the law by
officers of the postoffice department.
We have no alternative; we must enforce
Hailing: Blanks.
"Today we are beginning to "mail
to 120,000 editors, publishers and other?
interested forms to be filled out
ii compliance with the law. These
will reach their destinations by October
2, when the law becomes effective.
Under the act they must be filled out
and returned as soon as practicable.
In the event of failure to comply with
the provisions of the law, publishers
may be liable to the penalty provided
by th? congress."
Attorney General Wickersham'g
opinion seta out with a review of the
law itself and the question raised by
the postmaster general.
Asthma! Asthma!
t gives instant relief and an absolute cure
1 "? ?11 A MVim/t it i c
JII ail U<i?>C?> UL uioucaiiw, uuw
Hay Fever. Sold by druggists : mail on
receipt of price $1.00.
Trial Package by mall 10 rents.
WILLIAMS MFG. CO.* Props-, Cleveland. Oai*
IB A Plain Statement of I ]
OlOME farmer saves moi
I H C wagon is sold,
costs less money to t
cause of the length of s<
I H C wagon is the cheape
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All lumber used is air-dri
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Weber and Columbus w
gears, New Bettendorf and
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see him get literature from 1
International Harvester C
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The purpose of this Bureai
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Bridges lime
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i difficult operation was n
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The services of a specialist 1
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-?- ? ?
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By the way, have
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i Steel King have
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ompany of America
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re any worthy que*- y
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e Bureau. Harvester w LJ
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