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

CHARLESTON, >. u, July - uu &c
Wallace rendered his decision IN the
Captwell case this afternoon, speaking
briefly but emphatically Oh the points
of law. He reviewed the case as made
out against Cantwell, aud 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 q special act
bv which trial justices, auditors ana
treasurers could be suspended, pending
a meeting of the Senate, but no 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 Mr.. Bryan in favor OF
Mr.. Cantwell.
Attorney General Pope, when asked
last night by reporter Of the State II
the CautWell case would be pushed
further by the State, said it was every
likelyn that it would he.
JUDGE WALLACE ADHEREs TO HIS
FIRST DECISION.
Especial to the State.
CHARLESTON, S. c., July 81
understand you have received a dis
patch from the governor directing you
to hold the books and go to Jal! II ne
cessary," said reporter to Mr.. George
w. Williams this morning.
The veteran banker did not deny the
soft Impeachment, but laughed hearth
" at the idea of his denyinga a decree OF
the court, and being taken into the
hands of the sheriff. No. he said, 81
shaI! not 90 to Jail. I have the books
ready here, and unless Judge Wallace
countermands his order shall deliver
them up at y NJ, ,as directed. =,
Exactly at noon Constable ODonnell
entered Mr.. Williams office with a
document. 1t was another order from
Judge Wallace, in the nature OF a 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 Of reglstra-
ton, fixed on or before Il n. this day,
be extended to 2:30 O'Clock p. m., this
day, and that copy of this order be
forthwith served upon George W. Will
liams.
"(Signed.) w. H. WALLACE"
"July 8, 1891"
At 1880 o'clock the attorney general
was driven through Broad street and
was Immediately closeted with the
deputy supervisor.
A 2:3O still another order was made
deferring the delivery ofthe books until
p. NJ.
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-
quiring the delivery of the books, ana
that be would move to give bond for
the deputy supervisor, Mr.. Williams,
to assume proper custody by him OF the
books pending the appeal.
Ats O'Clock the argument began, the
attorney general representing the State
and Mr.. j. P. K. Bryan appearing for
Mr.. Cantwell.
The attorney general claimed that
the appeal operated as supersedeas, or
stay of execution, and that by giving
bond Mr.. Williams could retain the
books pending the appeal.
MIR. 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 Nj. 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 been
effectually removed from the hands OF
Mr.. Williams, the deputy supervisor,
for the time being. They are in custody
of an officer of the court, and are open
to public inspection. The decision OF the
court that Mr.. Cantwell, is the supervl-
sor of registration leaves him at present
the actual incumbent Of the office.
When the day comes for the registra-
ton of voters, as required by law, the
voters will have to be registered. 1t IS
understood, on good authority, that
Mr.. Cantwell proposes to register theL.
The inti1nation has been given that be
will have an Office alongside the office
of the receiver in the court house, ana
will officiate as supervisor on the Gays
appointed by law.
CANTwELI HOLDS THE FORT.
CHARLESTON, S. c., July 6.-Super-
-isor Cantwell, who was removed by
Governor Tillman and reinstated by
Judge Wallace, held the fort To-Day,
and registered 37S voters, of which
about eighty only were colored. MIR.
Williams, appointed by the Governor
made no attempt to register voters:
There are about 400 of his tickets out
and as many more negro voters, who
gave him the names and residences on
June lst, but failed to receive their
tickets. These will claim to vote IN the
elections next year, it is SAID. LII IS
more than probable that the reglstra-
M