__ !Imwbemr _ _ U_
ESTABLISHED 1S5. 85 NEWBERRY, S. C., FRIA Y, APRIL 8, 1908 WIAEEd
MAY ASK FOR AN ORDER.
Validity of Crum'F Appointment May Be
Tested.-Question Referred to Cor
poration Counsel.
News aid Courier, 31st.
If it can ho shown that President
Roo evelt's appointment of Dr.
Crum to collector of customs at
Charleston was in violation of the
provision of thr Constitution which
requires that such appointment shall
be made by and with the advice and
consent of the Senate, Mayor J.
Adger Smyth, in behalf of the com
munity, will apply to the United
States Court for an order "restraining
Dr. Crum from entering upon the
discharge of the duties of collector
until he can establish his right to do
so under the Constitution and laws
of the country." The Mayor, who
believes in Davy Crockett's rule o
conduct, "Be sure you are right and
then go ahead," has referred the mat
ter to Corporation Counsel Moffett,
who will investigate the legal statue
of the contention. The action of the
Mayor will be governed, of course,
by the report of the corporation
counsel.
The following editorial, which ap
peared in The News and Courier yes
terday opened the door of hope to
those who have earnestly striven to
prevent the appointment of the
colored physician:
"Some very good lawyers hold that
President Roosevelt's appointment
of Crum to be collector of customs at
Charleston was in clear and open
violation of the provision of the Con
stitution which requires that such
appointments shall be made by and
with the advice and consent of the
Senate, and confers upon the Presi
dent the power only to "fill all
vacancies that may happen during
the recess of the Senate. The vacan
cy which Crum has been appointed
to fill did not "happen" during the
recess of the Senate, or, rather, he
was not appointed during the recess,
,yt and when he was appointed he was
not confirmed by the Senate. The
provision in the Constitution was
evidently made to guard against
precisely such an abuse of authority
as that of which the President is
guilty in this case.
"The question ought to be tested
in the Courts, and we wish that
Mayor Smyth, acting in behalf of the
community, which can hope for re
a lief in no other way, would apply to
7 the United States Court here for an
order restraining Dr. Crum from en
tering upon the discharge of the
duties of collector until he can es
tablish his right to do so uder the
Constitution and laws of the couni
try."
PLACBD IN ASYLUMl.
Mormon Elder Who Attempted Rape in
Williamsburg Brought to Columbia.
The State, 81st.
In Lake City on Thursday last
considlerab,le excitement was caused1
by t wo) Mormon elde.rs.
One eniterFP-d thle homne of MIr. A. C.
Stewart. a farmer, anud talked insult
ingly to a yonng lady of thbe house
hold, causinmg her muor her arnd her.
self to jump out of the window and
run to a neighboer's for h,l p. The
Mormon follow.ed, hat a gentlemwan
who happened to h.' noser canght him
Other men camtie n p 'mid the ehler was
secu rely t ied.
Wh,'~en carriedIm into ant her house
he foaght so, at t hesaimae time insult
iOngether young lady, that ho had
to) be knocked -into a deep pool of
mud and water. , Whoen dragged out
he renewed his combat ano was con
qjueredl with great. ditliculiyv.
The other man was chased with
dogs as he wvas thonght to have l,een
implicated in the trouble, b)ut he was
not caught.
Elder No 1 was brought to thle
asylum last night, He is evidently
out of his mind. The curiosity of
many persons wvas arousedl at the
depot by the sight. of the man wvith
his head swathed in handIages. Hei
is still suffering from the wounds
produced by his tight whlen lie was
nnptnend.
SOUTH CAROLINA NEWS.
Items of More or Less Interest Condensed
In the State.
Perry C. Yoe, who was shot and
killed in Allata, Ala., last Friday,
night, was buried at Greenwood
Monday. He bad been away for
twenty years. Was shot by a police
man with whom he was fighting.
The necessary stock has been sub
scribed for the erection of an oil
mill near Duo West, and it is ex
pected that it will be in operation
soon.
The Postal Telegraph Company
has entered Gaffney, giving that city
the best telegraphic advantages,
Two negroes in a crap game at
Laurens Saturday night became en
gaged in a dispute over 45 cents,
when one shot the other in the back,
seriously wounding him.
A negro lawyer named Twine has
been ordered by Judge Watts, in
Charl.ston, to show cause why he
should not be debarred from- prac
tice. It is said he tried to get
negroes charged with stealing terra
pins to swear before the grand jury
that the overseer of the terapin farm
had stolen the tarrapins.
Polo is all the rage at Camden
just at present and some interesting
matches are being pulled off.
Mr. Henry Pannill, of Wil-r.ington
N. C., and who has been in New
berry for some time, says that in the
very near future he with other gen
tlemen will start one of the largest
paint plants in the country at Co
lumbia and that between $200,000
and $300,000 will be expended in
construction.
Rev. W. H. Greever, of Columbia,
will deliver the baccalaureate ser
mon at the approaching commence
ment of Elizabeth College, Char
lotte.
The winter season at Aiken is
about over and the Northern tourists
are leaving for their homes. Whit
ney has already expressed his fine
stables.
Wm. C. King, of Florence, who
killed two men in a dispute over a
dog, and was convicted of murder of
one, has abandoned his appeal and
will serve a life sentence in the
Penitentiary.
The plant of a new ice factory in
Columbia, with a capital of $30,000,
is well under constrnction, and will
be in operation by summer. It is
located in old Sidney Pa,rk, near the
8. A. L. dlepot.
Titree membenhrs of the Columbia
Bar had an engagement ini the U. S.
Court at Charleston last week wvhich
they wvere unablo to fill because of
the traini being dlelayed to carry H.
.B. Spencer to Sunmmerv,ille. Speni
cer is the son of Presidlent Spencer
anid2himself a promUinenti rail road
mat). Complaints are bit ter over the
affair.
Mr. J. WV. TLhurstIon and Mrs.
Elizabeth Tilimt, both inmates of the
county poor honso .md1( both above
the age of 70, were marriedt in An
dersont on Sunday..
Saturday miorniing there wvas an
attem pt at bighway robbery upon the
person of B. W'. Wo'd ward , a citizen
of Croeers, in the city of Gireenville.
Woodwuard uasked threce negroes for
directions to a house he was seeking.
The negroes piloted himt part of the
way andl then aittemnipted1 to rob him
One hats been arrested.
Henury Dorr and Will Child, both
white citizens of Roc k Hill, engaged
in a di flculty Monday afternoon.
Dlorr tired at Child six t imes, missing
him, when Child picked up a rook
and withI it badly bruised Dorr. Rock
vs. Pistol, wvithi Rock wintner.
TPhe negro Urumi assOMumeid the do
ties of collector of t he port of Char.
leston on Tluesdlay. 1t. is said he was
hastened by steps for an injunctioni
restraining htim fromn taking the
oflice.
Collumbia hans extended an invita
tiont to Confederate Veterans to hold
their annual reunion tis year in
that oity.
A rnern shot ndu killedl his brother
near Bowman in Orangeburg county,
Tuesday morning.
An iquest. over the body of the
negro killed by a white man, Frank
S. Payne, near Johnston on Sunday,
reveals that Payne .had insulted a
daughter of the negro he killed and
became engaged in a fuss with the
entire negro family, when he shot
the negro. He has not yet been
caught.
GENERAL NEWS NOTES.
Items of More or Less Interest Condensed
Outside the State.
(Gen. Booth, commander in.chief of
the Salvation Army, was accorded a
grand reception in London Monday
night.. Albert Hall, seating nearly
ten thousand, was crowded to its
capacity.
Wm. J. Peppler, finding his wife
entertaining another man, W. E.
Dodson, in New York, on Monday
night threw DodBon out of the win
dow. Dodson shot and killed Pep.
pler. Dodson is'said to be from North
Carolina.
On account of acts of violence re
sulting from the strike of motormen
in Waterbury, Conn., eighteen men
have been arrested charged with
assault with intent to kill. The
arrests were made in one day.
A literary society in Paris this
week elected a man at whom a wo
man had just been 'shooting because
of alleged infidelity. The shooting
occured just before the election and
in the same hall.
Vanderbilt's observatory on his
Biltmore estate near Ashville was de
molished by the storm the first part
of the week.
The Southern Pacific Railroad
has discovered that passenger tickets
over its lines have been forged in
New Orleans, and it is thought has
unearthed a huge swindle.
The German Government has ex
pressed itself satisfied with Admiral
Dewey's explanation of his caustic
remark in regard to Germany's navy.
It will be remembered when brought
to task by the President he said he
did not know he was talking for
publication.
A young girl of Pottsville, Pa.,
Mabel Brown, was bitten by a cop
perhead snake ten years ago, and has
just gone into convulsions. The
doctors say the poison lay dlormant
in her system all these years.
It is reportedl that the Cotton
Duck Co., of Manchester, N. H., is
considering the advisability of miov
ing its mills South. The company
has a plant of l,000 horse po0w
or.
The verdict in the Burd ick inquest,
at Buffalo, handed down Tuesday,
while stating that the identity of the
murderer of Edward L. Bnirdick has
not been proven, practically charges
Arthur R. Pennoll, the dead lawyer,
with the crime.
President Roosevelt left \Vednes
dany for huis western hunting trip.
His train consisted of six magnificent
cars, furnished especially for the trip.
The trip will last until June.
One womanr was burned to death
anid another almost to (loath in
a boarding hiouse fire in. Newv York
on) TPuesday.
Twenty men at the Carnegie Steel
Plant, at Branidon, Pa., were knocked
into a huge cauldron of melted lead
on Tuesday3. Six were qumekly
cooked to death, ten were sent to
hospital terribly burned, while four
escap)ed serious injutry.
The overtuirig of a heavy piece
of art illery ini the (drill at Fort Meyer,
Vt.., on Tluwsday caused thle death of
a corpI oral and1( t he injury of three
In an eleven ron d b)out at San
F'ranicisco On T1'uesday niigh t young
(Corbett badly whipped TIeddy Mc
Gioverni. The odds1 weore placed 10( to
8 on Alovnerren
CRIMINAL'S LOVE LETTER.
How Sheriff Buford Succeeded In Making
a Capture at (oldville Monday.
Good Work.
It frequently happens that love
letters brew trouble for those who
write them, and it has been said on
occasions more than once that in
matters where love is concerned it is
cheaper to ride half way across a
continent to say what you have to say
than it is to write it and pay a two
cents stamp for the carriage. How.
ever that may be, love letters have
ever been written, and will continue
to be written so long as the world
lasts.
It is not the intention of this
article, however, to discuss the ad
visability of writing love letters. It
in desired simply to show what trou
ble was caused by one love letter.
Be it said in favor of love letters,
however, that this one love letter
may not have caused any trouble had
it not come into the hands of so
notable and successful a criminal
tracer and catcher as is Nowberry's
Sheriff, Mr. M. M. Buford.
On the 13th of March Sheriff Bu.
ford received the following letter
from the Sheriff of Union County:
M. M. Buford, Esq., Sheriff, New
berry, S: C.:
Dear Sir:-Enelosed herewith
please find an arrest warrant for a
negro by name of Willie Brown.
This negro lives with Mr. J. S.
Blalock, at Goldvillo, in Laurons
County, but will be in Nowherry to
morrow, the 14th. lie will be there
to meet a negro woman from this
county to move her to Bllalock's. I
have seen a letter that he wrote to
the woman stating that he wonld be
there with Blalock's wagon to move
her. If you will look up Blalock's
wagon I don't think you will have
any'trouble in getting this negro,
for I am quito positive he will be
there. You will s.e from the war
rant that he is wanted for assault,
with intent to rape, aind I an trying
very hard to get him. I will pay all
your cost to get, him, no inatter what
it is. 13elow I givo you a de.cript ion
as best I can: Willie Brown, very
black, round bumpy face, short. heavy
set, little moustache, parts his hair
in the niiddle, moves about slow,
heavy eye brows, rod oyos and looks
downward, when last seen had on
black pants with stripe, black hat.
Get him tomorrow if possible, if not
you can return the warrant to ne.
Hoping you are getting along imcely,
I am, Yours very truly,
J. W. Sanders.
Shoriff Union County.
Sheriff Be ford next day, ont thle
14th, answered as fol lows:
Dear Sheriff:--Younrs oniclosing
warrant for one Willie Browni duly
received this a. m. I was on look.
out for Mr. Blalock's wagon, but it
was not here today. It is a rare
thing for Mr. Blalock's wagon to
come to towvn fronm t he fact I hat he
( Blalock) lives on the rail road( and
there is no necessity for his wagon
to come to Newvberry. Why did you
not sendl me the wvomamn's name and
letter, the one that Brownu wvas to
meet here on the 1 4th Y 1t perhaps
would give me a clute to wvork out
that might. have led to Brown's cap
ture. However, I 'will do my bost to
get himfl. WVith be ist wishes and
kind regards, I sun,
Yours very truly,
MX. AI. Buford,
Sheriff).
TIhen camne thle fol'Ilowing fromt t he
Sheriff of UJnionm addtresised to the
Sheriff of Newborry, anid mnob.ing
the ill aut arred love letter:
The name oif the womuant thiat. was
to meet. the negro 'Willie Brown ini
Newberry on the I t.ih is Minniiie
Ly les. I wou (ldhave given you her
name, but you see it is this way: Il1
wrote for her to mueei hinm ini Newv
berry oni the 1-1Ih but by chianien I
got hold of the let ter hoeforo she did,
so you see she knew nothlin g about
mneetinig him inr. Newherry. The
woman Jives at. or near lIlerber' , ini
Unioni Counity. lIotr mjothier got thle
letter anmd gave it to a conistabhle. who
sont it to me. The1, negro Willie
Brown was or'.stedi ini F'i.hdami
townushmip, near ( irbisle. ini this coumn
ty. I ie hats ony be'en : hBIalock's
sinice the dato of thte warr ant. The
mother of thme wo'mn is ig to
help eatch Brownt so t hat h.'r udaugh
ter will at ay at htomoi.
Th'le love. letter wiiieb was *'nclosedi
las follobs:a
Laurens County, (oldville, S. C.,
March 8, 1903.
My dear loving woman, Minnie
Lyles, i received your letter and was
glad to hear from you but i would be
still gladder if i could only get to
see you, you said in your letter that
you ant got no money to move ) our
things it dont take no money to
move them if you due like i tell you
to due you wont due like i tell you
to due for hell, i told you to bring
them to Knewberry in a wagon and
i will meet you there with a wagon
and bring up to (ioldville, if i dont
some one else wili, if you goin to be
mine agin say so and if y-u aint rite
and let me know at once, i show is
been a good boy ever since i been
over since i been gone, hope that you
is been a good girl if you is rite and
let me no, ite and let me no what
about that trouble i was in, i want
you to due like i tell you to due rite
and let me no what day must i meat
you and your things in Knewberry,
i never got your letter till Sunday,
you inus rite your name in side so i
will no who it is from put my name
in side so i no who it is for, don't
back it to my name back it to J. S.
Blalock, Laurens Co. Goldvill, S. C.
I show want you to come you :4ow
must come i am i am needing you
very very bad and i will give you
anything you want, i am getting
good wagos i am getting 85 dollars
for 10 months
please Minnie dotit tel no buddy where
i am, you mine paying tent ion to sum
other dam nigger, i believe that you
is glad that i am gone, moeet me in
Knowberry Satday 14 your truly
Willie Brown
My der swectheart
Minnie Lyles
Willie Brown.
Sherifl Buford went up to Gold
ville on the non train Monday and
caugh the negro at Goldville, where
he was working for Al r. Blalock,
bringing him to Newberry ..n the
three o'clock train Monday. The
correspondence above is given to
show how the capture of criminals is
eometimies brought about and the
means always at the use of ready
sheriffs. Brown wa4 taken to Union
\W ednesday.
WILL RETURN TO SOUTHi CAROLINA
Ex-United States Senator McLaurin is
Likely to Settle in Greenville to
Practice Law.
Special to The State.
Washington, March 31.--- Joln L.
MlcLaurin, ex-sonator from South
Carolina, has decided to roturi to the
State and resume the practice of law
McLaurin has beon in New York
for some time past in the hope of
ostablishing himself there, but his
schemes have failed and he will go
south again. It is iot knovn whet her
M~Ir. AleLaurmn ill reside in iBennret ts
vil le, his former home, or niot, btut
his friemnds here are inclined to think
t hat he may estab,lish h imsel f ini the
uppijer part of tIhe State, p robably in,
GAreeniville.
T1he idlea that lhe mayi3 agalin enItor
1politics is inot considered improbabl)thle.
A Darkey's ExperIence at thle North.
Here is a story froi m(henlasvi Ile,
Ga., where a brot her of HaI~rk liannaa
lives andl gives htis 'x periee with aii
Gecorgia d1arkey'
"'Somei years ago, NI r. HI n u t ook
back with him to his sunu,ieor hortne
in Cleveland anl old negro of t Ito ciom
miunity nameld 10boeer, commnonuly
knowvn as 'Unctle E'b.' Th'le obl man11
was given a room ablove thIe kit chen
in the millionnair's hmouse ami hived on
the fat of the land1(. B3ut lhe didn't
seemt to i.e happy, and( final ly he
wvent to Mr. Halnnal and< saidi
"'Marse MIaI, I wants5 ter go back
home.'
"' 'WIhtt's then matter, 10T> y' Don't
we t reait y'.u right ?'
" es, oh yes! But I wainter go
bac(k ! 'Thalt. wasi al1l thiat collt bIe got
ont of him, so his hoit p)ut him on a
traiin botud South.
"When Mlr. Ha.nnaul amo ne mxt to
Thomiasvili e looked uip his former
protege and1( this is what he boalrd:I
"'Y assir1, boss, yaissi r, y o' t rent uud
melt imighity line and toit. m0 hoime in
Puihnoan (cyar. I dlidn1't know whalr I
wvas a gwvine, lbut the white folks
along with Imen called min mister and1(
I fel tmighnty b)ig. Tlhein, himtoby,on
daty ai coinductor I aiin't ntever seeni
beforeoi nm erlong anid sez, sez lhe
W hat y ou de' ini here yon kiinky
beaded coon ; git back(l in t he jim1
crow cyir. ' IDein, b)ross (otd, I k nowed
l's hack in ('b1 Inwgy I'"
A HIGH ESTIMATE OF TILLMAN.
His Speech at the University of Wisconsln
Heard by 1800 People at Fifty
Cents a Head.
Charlotte Observer.
University of Wiconsin, Madison,
Wi.-Senator Tillman spoke hero
on the negro problem. The weather
was bad, being cold and rainy. I
walked in the auditorumi a little late,
oxpoeting to find not more than 100
people prent. Much to my sur
prise I saw an audience of 1,80()
people, each member of which had
paid fifty cents for admission.
There is something remarkable
about. this fact. Wai's this large an
(lieueo due to the deep interest felt
in the negro problem? If so, is it
not remarkable Ihat. Wiconsin pwo
ple should wish to hear a man on
that subjoect who is known to repro
seIt Views t he tuost opposite from1
thone now held, or formerly hold, by
the majority of the people?
Did those people come out, to hear
him simply because he is sennatioial;
ai man with a pitchfork, a sort. of a
wild man fron. Borneo? After hear
ing the speb I inworod thi is qu
tion m1 the negativo. 1 saw Senator
Tilhnlan in a now light. A few years
ago I heard him in a South Carolina
camlpaign. ''he subjoets discussed
were local and personal, and I came
away unfav:(rably ilnpressed. H is
sHpe(ech here showed me that he h e
develope.l a good deal since that
tine. )lis styl(, was bot.ter, his lan
guago hotteir and his grasp of idieas
and heis store of information respoet
ing history and literature were more
those of t he scho)lar and statesmlnan.
There is no discounting the fact.
that. Sinator t''illnan is a nan of ox
traor"dinary power. 'l'he demagogue
who riles into oflice uIpon the popt.
lar current may attract attention for
awhile, but he soon callapses, as he
has nothing solid to reyt tpon. Son.
ator Tillman has been to the front
too long to be (classed as It Jema
gogno. 1111 is ain honest, 1rin, an
earniest linan, a courageous ID1111 ail
finndaene(1tally ct.unittl by the high
est feelings anl sentinonts. WhNi
Ie told this andi(nee that ill I the
political honors that could be heaped
upon him were , s nothing cotuparod
to his love for his hone and family
he was loudly appltded. 'T'he p)00
plu believed w\hilt lhe satid. In this
paIrti(etltar he is it genuine repreSon
tativ(' of the best that thore is in the
Southern men. liowever people may
haeve dii ffeird friom his reatsoinog andio
felt t hem selves o pposinrg birsi i deas,
they couhl inot but realize thatt. there
was ini the rest less figure paceing upj
and down, the plttformi a type of
mantt tee ratre niot to be aduiired. lie
suggests someiit hiing of the rugged
char1tetorist ics of Aridrew Jacksoi,
anrd in one sense hie represoents the
beet I hiat t here is, or oer lhas boon , ini
Soulthernx sttesmnainhi p. II.e has
pro(ifound con 4)vict ions, ano overwhelmn
ing 1tassion for t lie cause which lie
05spon ses, at fratnkniess anid art aggres
si viens, It oher witI the atbi lily to
hit t he mark thairt he aims at which
arie inditispIenisatH requnisi ten of ( loc
tie oratory'. At tachmionet for some
g rean e (iu e aund d1eojp sinoer ity ol
purpniose co 'unt for more thanr erudli
tion, t he tor ie, or gratce of style.
I' Uisi of all, thle orator or writ.ei
musn t ve' sorme irresist iblre devotilot
to at prinipl Ie b efore he enin 11ope tc
win tand retiin the eatr of the public
lo the (casi o?f TFillmantr his passion ia
for Dem inoc racy, ini th e sense of minn
iinig thle rights and mantrhood
entl or .'coonmical or sociail dloml ina
to. All of his foelings side witl
he. comimoonality andio oppose an;i
power which may Itake anO unifair ad
vataige of [lhe people. Of course i
canniiot atppeatl to the people of thb
oppsite sont im:ents, although siol
p(Opl open 'lttiIheir eatrs to him atm
dreadt' himi. It. is hiis intns (110pers5on
aliity itnd burning love for D)omocratc
which explinl the secret of his pow'
or in Houth Catrolinia and ox plai
why I ,800t people in this city pt
$lt0)( to heatr him i speatk.
.ieromi D)owd.
FIRAUD ON CONSTITUTION
Roosevelt's Act In Appointing Crum Viola
tion of Constitution of United
States.
The provisions of the Constitution
bearing directly on the action of
President lRoosevelt in making Dr
Crumt Collector of the port of Char.
lstonl are as follows:
I "Rforee ( he Presidset) (nters
on e (oexoCention of his otlice he shall
take the follotwiig uati: "I do solemn.
ly swear that I will faithfully execute
tho fliceo of Pr,'ridetnt. of the United
Stitt', and will to the best of my
ability pre8erve, protect and defend
the Coistitution of the United
St at es."
2. "Ho .shall Iiave power, by and
with the advice and consent of the
Sonate, to inn ie I reat ies; and he shall
nomlinate, and, by atnd with the ad.
vice anid consent, of the Senate, shall
appoint ambassadors, other publIc
uiuisters and cOnsUls, Judges of the
Supreme Courit, and all other oflicers
of the United States w1hose appoint.
mlonits are not herein otherwise pro
vidted for."
3. '"The Presidout shall have power
to fill up all vRaancies that may hap
pon during I ho recess of the Senate,
by granting coiuniUsions which shall
expiro at the enc of thm next sos
sion.
-I. "lIe haII take care t.hat the laws
hre faithinlly exetcd."
Mi lRoosevth, as is klown, has
t'oirilied with t he first of these pro
visiiois. lie qhostionl is whether he
hali tl:oyel ine sc'cond and third;
whet her h1e hias "t aken care" that
the "laws" which they prescribe for
the government of his conduct, be
"faitlhfully t-x'cnuted'"-or has taken
care, rat her, to misconstrue their
plliin term s; to t'vado their one right
a1pp lvit-tion; to excut.e therm unfaith
full) ; to disregard his oath; and so
to perpot rate a f rand on the Constitu
tion. The thir(I provision presents
no dilliilty or problem Its obvious
Iean1iig is that, when the Senate has
alj ,1rr-e1d td is inl recess, so that
its ad'ice aitd couseit. caniot, be ob
tained, if an ollice hpilpe1s to become
va(Oanit the I'reiienit iay fill it until
the Senate ifas e 'nvened againii and
has hard iilnt' tr consider and act up.
on it. i'he n',um11iiiissior so granted
by iho l'retidenlt is expressly made of
ternorary efl'et by the provision
whirl anthorioozs him to grant it.
Its Ienrie is it)t I.-ft to his discretion,
or tirrt of I1ire Satret,, or that of any
othrer prsn or b r .ly, Out is strictly
limiited tand orhdi.
Thle P r'rsidenti anid the Seniatoi are
thourght ful ly uallosved all tire time of
tihe "next' se'ssin of the Senarte after
te vtarrev EliaH Iiappenied anid has
heni so tilbdu empor'arily, to advise
aind conuirs til ogetl hr regard inrg the
fitnir'es of i he comm,iisi 1oned mnan . If
thre Serrato conrset.s to his "'nomnina
ti(n hoi 10fore thre i'nd( of its session he
is "arppo)inr'e." I f it do rnot, hris
temoria iry e.rr nmrissinr expji res wvithi
the. '.d". lie has nio further
staing1r as anr rrliceur, under the
Conrsti tut ion r, ad r .1 lr rsidentr an
not1la h frillyv give him rrurch stand inrg.
Thlerr' is ire provision cof airy law that
aultlro%0 ois(r wvurrraits li airy degree
tire prseshb,t i -e nirmiissiion him
anIow'~ , o) r o co i ornie' him ini htli(e for
air hrour. I f hi hol oni t) ihis oflice
anrd rits irn ii, he deds so solely on
the Presiet rt's pe'I'rsoal authority,
nrot oni hrii oLiehl marl lawful auitho
rity. A\ll t his is rthie orbviou' imean
ing of thet pronrsionr. It is the only
mearrnig whrieb ennii ho attached to it
"takl(ing enr''"' Co cnsrtirue it honestly
arid aIlric tly accorinrg to the intorest
of its frarrrrrs, antd tire "'faithful ex
ecut ion"' of tire law it expresses wrust
he in tire line of suich conrstruictiorn.
T1hoere is iro Jawfrul alternrativyecourse.
Presidlert II osevelt has inot so con
strretd it ; hie hias tariken care to~ Ifind
and carry into '.'lo uret ntier non
st rtionr. HIe has tadoptred an alter
native cor"'. lie has riot faith
firIllyr ex.'cutied iihe Iaw, but has un.
'faithrfully igrnored it.
"I hire are ir itcodon ts foir his aic
1tion,'" it mayc* b, said. P'ossibly t here
y r . ieo did nort "sole(mnily sw'ear,''
hiowever, to follov wrtong pIrecodonits
(concl udei uth'Iert'i i't mrpae.)