The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-07-09
cASTWELL's CASE DECIDED.
Judge Wallace Says that the Governor
Had no Right to Remove the
Supervisor.
1Special to the State. !

tCDeClal W lI1S hotcRlS.
CHARLESTON, S. c., July 2.-Judge
Wallace rendered his decision in the
Cantwell case this afternoon, speaking
briefly but emphatically on the points
of law. He reviewed the case as made
out against Cantwell, and also the au-
thority of the governor to remove. 1t
was in the power of the governor to
appoint, with the approval and consent
of the Senate, and it was also IN his
power to remove, with exactly the
same conditions. They must be con-
temporaneous. There was special act
by which trial justices, auditors and
treasurers could be suspended, pending
a meeting of the Senate, but DO general
law.
On the letter of the governor about
the two offices, the Judge said that the
law had been decided unconstitutional
in the Supreme Court relating to ap-
pointive Offices; that the discharge OF
the duties of clerk Of the county COM
missioners did not at all conflict with
those of supervisor; that they were not
incompatible; and that he must grant
the prayer of MIR. Bryan in favor OF
Mr.. Cantwell.
Attorney General Pope, when asked
last night by / reporter of the State II
the Cantwell case would be pushed
further by the State, said it was Every
likely" that it would be.
JUDGE WALLACE ADHEREs TO HIS
FIRST DECISION.
Especial to the State.
CHARLESTON, S. c., July 81
understand you have received dis
patch from the governor directing you
to hold the books and go to jail if ne-
cessary," said reporter to MIR. George
w. Williams this morning.
The veteran banker did not deny the
soft impeachment, but laughed hearth
" at the idea of his denying a decree OF
the court, and being taken into the
hands of the sheriff. NO" he said, II
shall not 90 to Jail. have the books
ready here, and unless Judge Wallace
countermands his order l shall deliver
them up at II las directed. :,
Exactly at noon Constable O'Donnell
entered Mr.. Williams office with a
document. It was another order from
Judge Wallace, in the nature ofa re-
spite, and read as follows:
"At the request of the Attorney Cen
eral, by telegram received, who has
been delayed upon the train from Co
lumbia to Charleston, it is ordered the
time for the delivery of the books and
papers by George w. Williams to Will
liam P. Cantwell, supervisor ofreglstra-
ton, fixed on or before y ~. this day,
be extended to 2:30 o'clock p. m., this
dav, and that a copy of this order be
forthwith served upon George w. Will
Eams.
"(Signed.) W. H. WALLACE"
"July 3, 1891"
AT 1890 o'clock the attorney general
was driven through Broad street and
was Immediately closeted with the
deputy supervisor.
A 2:30 still another order was made
defe1ring the delivery ofthe books unit
5 p. N.
In the meantime the attorney general
gave the lawyers on the other side
notice that an appeal would be entered
from the order of Judge Wallace re:
curing the delivery of the books, ano
that he would move to give bond fol
the deputy supervisor, Mr.. Williams
to assume proper custody by him OF the
books pending the appeal.
At o'clock the argument began, the
attorney general representing the State
and MI. J. P. K. Bryan appearing fol
Mr.. CantWell.
The attorney general claimed that
the appeal operated as supersedeas, OF
stay Of execution, and that by giving
bond Mr.. Williams could retain the
books pending the appeal.
Mr.. Bryan claimed that pending the
appeal the court must take possession
of the books, under the Code, by an
officer appointed by the court.
The court took this view of the case
and appointed Mr.. Charles Richardson
Miles receiver to take custody OF the
books pending the litigation.
When the courts order was finished
Judge Wallace informally expressed
the opinion that this was happy solu'
tor of the difficulty.
What the solution is, is not exactly
clear, however. The books have beer
efectualiy removed from the hands o.
Mr.. Williams, the deputy supervisor
for the time being. They are in custody
of an officer of the court, and are oper
to public inspection. The decision of the
court that Mr.. Cantwell, is the supervi
sor of registration leaves him at present
the actual incumbent Of the office
When the day comes for the reglstra
ton of voters, as required by law, tht
voters will have to be registered- 1t l:
understood, on good authority, tha
Mr.. Cantweu proposes to register ther'
The intirnation has been given that E
will have an office alongside the office
If the receiver in the court house, anc
will oficiate as supervisor on the days
appointed By law.
CANTWELI HOLDS THE FORT.
CHARLESTON, S. c., July 6.-Super
visor Cantwell, who was removed oy
Governor Tillman and reinstated by
Judge Wallace, held the fort to-day
and registered 37S voters, Of which
about eighty only were colored. Mr.
Williams, appointed by the Governor
made no attempt to register voters
There are about 400 of his tickets ou
and as mary more negro voters, Wh'
gave him the names and residences OF
June 1st, but failed to receive thel
tickets. These will claim to vote in tn
elections next year, it is SAID. IL Il
l..