Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1893-05-11
Jervey Begs Off.

Sa<AAsASSA N~'1
His Excellency R. R. Tillman,
etc., Columbia, S. G.
SIR: I beg to acknowledge your
letter of 4th instant, wherein you
direct me "to proceed to Den
mark at your (my) earliest can
venience, for the purpose OF
thoroughly investigating the out
break, and taking the necessary
steps to vindicate the law and
punish the lynchsrs.
All lawful directions emanatlng
from the Executive shall be fully
and earnestly carried out by me,
but in a matter of such Importance
it is best that your directions con-
form strictly to law.
There is no provision of the law
which would authorize me, with
or without your sanction, as
Solicitor, to go into another cir
cult and assume the enforcement
of the criminal law there.
Section 511 of the General
Statutes, under which I assume
YOU act in the matter, authorizes
the Governor to direct the solicitors
ia assist the Attorney General, or
each other, in all suits or prosecu-
tions in behalf of the State.
The section clearly contemplates
that a Solicitor so directed must
be associated with, not supersede,
the constituted representative OF
the State in any circuit in some
suit of prosecution there pending.
I am satisfied that under this
section he would not be authorized
to take original proceedings, and
that an indictment prestlted by
him would not be valid.
-Whenaxer the Solicitor Of the
formed his functions under the
law, and a prosecution has been
begun in Barnwell County, should
you think that the interests of the
State would be subserved by my
presence I shall promptly obey
the direction of your Excellency.
The duty is one of grave res
possibility, neither to be sought
or evaded, and I shall devote to
proper execution all the ability
and earnestness at my control.
have the honor to be very res
pectfully,
w. ST.. JULIEN JERvEY,
Solicitor First Circuit.
In reply to this the Governor
yesterday wrote Mr. Jervey the
following letter, which is full
of the spiciest readisg:
"CoLuMB1A, S. c., May 6.
"W. st. J. Jervey Esq, Charleston,
SC.
"s1R: I have your letter of the
9th inst and note it's contents.
The order for you to proceed to
Denmark was based upon an
opinion of the Assistant Attorney
General, as we'll as upon my own
construction of the powers confer
red upon me under Section 511 of
the General Statutes. While it
may be presumption in me. a lay
man, to construe law differ rently
from so distinguished an ornament
of the bar as yourself, I insist
that you are splitting hairs SO to
speak. The section above quoted
says: Solicitors shall do the duty
of the Attorney General, and give
their counsel and advice to the
Governor and other State officers
in matters of public concern,
whenever they shall be by them
required so to do, and assist the
Attorney General, or each other
in all suits OF prosecutions in be-
half of the State when directed SO
to do by the Governor
"You will not assert that the
disability of the Solicitor of the
Second Circuit paralyzes the law,
or deny that the Judge can ap-
point a Solicitor pro tenn, and
the technical language, to assist
the Atto1nen General or each other,
cannot be construed to forbid an
interchange of work or swapping
places by the Solicitor TO take
proceedinus.'
81 still hope that you will waive
your own construction and leave
it to the Court to pass on the
legality of such proceeding as you
may take in prosecuting the Den
mark lynchers. Of course, | have no
power to force you to perform the
1uty, which 1 thought would be {
pleasant to you. If you still refuse |
he matter must be left with the 8