The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1892-01-27
TIE CANTIyELL CONUNDRUM.
An Eiaborate Explanation of the ENtraor-
dinary Concentration OF Circumstances
Az Attempt TO have the Case Re-
dOcSateG.

.NlbCtIol 10 lilt News duu NOuiic
COLUMBIA, January 19.-The many
sided Cantwell case is in the Supreme
Court again. At the time of the re-
moval Of Mr. Cantweil the question aS
to his right 10 his salary was discussed
in the The News and Courier some
Five or six months ago. The striking
Of the case from the docket by the
Supreme Court on account Of failure
of the Attc:uey-General to come with
in the rules was recently reported in
full in The News and Courier
The State now takes the initiative in
having the case heard on It's merits.
In Il recent talk with the Attorney
General ne said that he does not con.
strue The recent order OF the Supreme
Court as making any deIiverauce on
the subject of Mr.. Eantwell as between
him and tie State of South Carolina,
but only SIS between him, Mr.. George
| ". Williams and others. Hence tie
question Of pay is still in nubibus.
He desires to have decision Of the
Court on the real question at issue
the right OF the Governor to make the
removal The petition sigued by the
Attorney General was filed this morn
ing with his verification as to facts
therein, and with the certificate OF
Solicitor Newton and Mr.. J. 7. Cul-
breath, attorney Of the Newber:y Bar,
as to the merits Of the petition.
The document sets forth that the
appellant, Geo. ". Williams, was ap-
pointed deputy supervisor for the
county OF Char eston on May 29, 1891,
when the respondent, Cantwell, was
removed from the office Of supervi-
sor that the removal Of Cantwell was
confirmed by the Senate that appel
lants sole attorney in the proceedings
was the Attorney-General. That the
case was duly doclleted in the Supreme
Court ca January S, 1892; that the
appeal was dismissed because the At
| torney-General had not filed the points
and authorities, and that there was
no practical question involved.
That on the 4th of December Y. J..
Pope vacated the Office Of Attorney
General, on the 10th Of December J.
L. McLauriu qualified and assumed
the duties Of the Office that between
| the 4th and 10th it was considered
doubtful whether there was any assis-
! tant Attorney-General. That by rea-
son Of the vacation Of the Hon. y. J.
Pope and the necessary delay on the
part of J. L. McLaurin to qualify, this
appeal could not receive attention
during that time. The case for appeal
as settled by the Judge rendering the
decision was not flied until December
-, 1891, when tie present Attorney
General was in Washington attending
to business for the State in the United
Estates Supreme Court; that the assis-
tant Attorney-Ceneral was absent on
account Of sickness in his family and in
person, and did not return to hi. duties
until December %, but was obliged to
return home for tie same causes on
December p, remaining there until
| December %.
That the Accomplishment returned
here on December %, but knowing
| nothing Of thc case be necessarily
awaited the return Of the assistant
Acknowledgement Oh December 80, to
be informed Of the business OF the
office; that during the consultation the
Acknowledgement was called away TO
the bedside Of a dying uncle and was
| detained until January t and that on
the same day be received three tele-
grams stating that his uncle was dy-
ing that in the meantime the assistant
Attorney-General was il the office from
December 81 until Sunday, January
8, when be was called away to his sick
family, but had not taken any action
in the case, because it was expected
when they parted on December 80 hat
the Attorney-General would be able to
take charge Of the hearing.
That the Attorney-G General did, at
great sacrifice and Inconvenience, re-
turn TO his Office on January 4, but be-
ing so Immediately called away again
he could do nothing but prepare in
part his argument and request other
counsel to present it or call Of the
case.
But the case WAS high up OH the
docket and it would have been inpos-
sible to have the argument printed and
ready three days before the regular
call; that long subsequent case was
advanced, bu: too late to allow the
three days.
That by reason Of the Judgment dis
missing the appeal the respondent
claimed his salary to tho 36th Novem-
ber-$iOD-and has actually demanded
payment of tie same from thetomp-
trolier-GeneraI. That by reason of
such Judgment under q former deci-
sion OF the Court the appellant herein
will have judgment rendered against
him for the costs OF this case.
That the Attorney General did not
know that the attorney for the re-
snoMdcnt vouid hold him to the strict
practice: that the usual and almost uni
form custom of the Bar is to be liber-
&, ianracticc in such cases that the as