The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1892-05-11
SAW TIE GOVERNORS MISTAKE.
Then Speaker Jones Declined TO sit Oh
the Supreme Bench.
News aud Courier. ]

News aud Courier
Speaker Jones took the ''buil oy the
horns'' and has written an explanatory
letter to the judges and deciination
to Governor Tillman. In his letter 10
the supreme court judges he says:
"CoLUMBIA. S. c., May 8, lS02.
s'To Chief Justice McIver and Assocl-
ate Justices MCGOWAN and Pope, the
Supreme Court of South Carolina
Gentlemen: Having been commits
stoned by Governor Tillman to sit with
the supreme court in the place of JUS
tiee Pope in the cases Of E. J. Reeder,
respondent, vs.. Thomas R. Workman,
assignee, and E. P. Chalmers, admin
istrator, vs.. c. w. Kinard ct al, aud
having been notified by you to be pres
ent to-day, I came to Columbia yester-
day to discharge the duty assigned.
This morning, however, MY attention
has been directed to Article l, section
26, of the constitution. I am clearly OF
the opinion that am not quaiihed to
sit in these cases as a member OF your
court, being now mem"er OF tne
legislature. Therefore to prevent any
question that might arise affecting the
rights of litigants in the event OF dis
agreement among members OF the
court in the decision of these cases,
have this day addressed a letter to the
Governor informing him of my views
as to my disqualification, and request
ing that he revoke my appointment.
yours o5ediently,
IRA B. JONES.
The following is copy Of the letter
to Governor Tillman:
COLUMBIA, May 5, 1892.
To his ExcellencySB. r. Tdlman,
Governor of South Carolina-Dear Sir:
I received your commission appointing
me to sit with the supreme court III
the place of Justice Pope in the case OF
Reeder vs. Workman, assignee, and
Chalmers, administrator, VS.. hlnard.
I arrived in Columbia yesterday III
obedience to a letter of the chief JUS
tice, with the intention of discharging
the high and honorable duty imposed
upon me.
sThis morning, however, my atten-
ton has been directed to Article l, Sec
ton 26, of the constitution ofthis State.
am fully satisfied that, being mem
Der of the legislature, I am disqualified
by the constitution from discharging
the functions of a judge. Therefore, to
prevent any embarrassment to the
court, and to avoid any question involv-
ing the rights of litigants that might
arise in case of u disagreement among
members of the court in the decision Of
these cases, I have deemed it right to
decline the appointment to sit in the
hearing of these cases, and request that
YOU revoke the same.
IRA 3. JONES'
Had the case been one of any very
special importance the mistake OF Gov
ernor Tillman might have occasioned
considerable delay and Inconvenience;
fortunately the docket of the seventh
circuit was not completed and will be
taken up again in June, otherwise the
cases would not have been heard before
next December. Governor Tillman will
probably appoint w. c. Benet, if he is
not involved in the cases. Mr.. Benet
Just now seems to be quite a favorite
with the administration. and there is
talk of his being candidate for attor-
ney general on the ticket.
Speaking of MIR. Benet's prospective
candidacy reminds me Of a current
ru1nor that there will be certain
changes in the make up of the Tilma-
mite ticket to be voted for this fall. For
personal and political reasons ii appears
that some Tlllmanites want certain
changes made in the ticket. No special
provocation is given for the contemp'
lated changes. Some have dared tc
suggest that the Tillmanites are no;
altogether satisfied with the lukewarul
support certain Of the officials are
giving Governor Tiliman, and other:
that the ticket could be strengthened
The latest changes I have heard O.
are:
W. c. Benet, of Abbeville, to replac:
Attorney General McLaurin.
Maj D. A. Townsend, of Union, now
assistant Attorney General, is to sue
ceed Superintendent of Education May
field.
Senator w. D. Evans, to be rewarded
with the place Of Lieutenant Governo
Gary.
Some say that Comptroller-Genera
Ellerbe is also to be dropped, from th'
ticket.
From what can be learned from thi
end of the line, the general opinion
seems to be that the entire ticket viii
be reuominated, although changes may
be desired. Ifany Of the State Hous'
officials know of any contemplate<
changes in their program they do no
care to speak of them.
M'LAUSIN'S OPINION.
[Register.l
The action of the Governor with rel
erence to the appointment Of Hon. Eu
gene B. Gary and Hon. Ira B. Jone
to sit on the Supreme Court bench il
special cases was still the subject c
,o,,ob borcb comment Mr. Gravdor