The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-05-10
The Law on the Subject.

The Law on the Subject.
The State says 1t has been debated ques-
tion among the lawyers of the city, since the
whether he had the right to order Solicitor
Jervey to do duty In another circuit. Opin-
ion differs.
Governor Tlllman based his action on sec.
tion 5ll of the general statutes. The portion
of this section which bears on this matter
read as follows:
solicitors shall do the duty of the Attorney
General, and give their counsel and advice to
tine Governor and other State officers In mat
ters Of public concern, whether they sh'l
by them. be required to do so, and assist the
Attorney General, or each other, In all suits
or prosecutions in behalf Of this State, when
directed so 10 do BY the Governor or called
upon by the Attorney General. They may
defend any person brought 10 trial before any
criminal court or this State, when their duty
shall not require them to prosecute. such per:
sons, or their assistance be not required
against such persons by the Governor or At
tOrney General"
The States Editorial in Reference to
Tillman's Joke.
In commenting on the matter the State
says, editorially:
|. AT the suggestion of Solicitor Bellinger Gov.
ernor Tillmun has perpetrated what we free
ly admit is-considered In the lighter yein-a
capital practical joke.
Governor Tilman Is necessarily Tillman-
ite. Solicitor Bellinger is Tillmanite. Meth
er of them desires to make enemies In Barn
we'll county, and enemies would unqueStion-
the conviction of the murders Of Peterson.
Solicitor Jervey Is Conservative. He made
Il speech ut the indignation meeting In Co
lumbia In which he said that II the Iynching
l,nI snty Innn II, nj q
bound not only to indict every man who took
part In it, but the Governor himself as an ac-
cessory before the fact, IN surrendering Peter
son to the lynchers: So Solicitor Bellinger
apprehends that he has relatives among the
lynchers and suggests that Solicitor Jervey be
chosen to prosecute In his place, and Cover
nor promptly complies with the request
This turns the tables very cleverly, and we
morous conception and Governor Tillman for
the fine irony with which he adopts 1t. 1t Is
realya clever thing and an amusing thing to
do. 1t makes Conservative the prosecutor
and his political friends the bearers OF ali the
odium to be attached to the prosecution. AT
the same time 1t will be declared oy the Gov
ernor's supporters an evidence OF the stern
integrity and fearessness Of Ben Tillman
that he has elected to be prosecuted by man
who said he wolud prosecute him If his duty
required.
Ali this we reaizi But OF course every
Timan SIngp % Subjects i hsef % to no risk FISK in making
the appointment. Ills local mothplace yes
terday boasted that IN account OF the lynch
ing and the ConserS ative denuncation sue
ceeding 1t Barnwell has been made the ban
there was no possibility Of "indicting whole
people"-meaning that the lynchers would
naturally support the Governor. and that
them. We submit that after this official an
nouncement the action Of the Governor can
only be unnerstood rs joke.
But, Joke or no joke, we are satisfied that
w. st. Julien Jervey will accept the appoint
he would do in such case, and now that he
been assigned to the task he will not finch
from II. He will indirt every lyncher he can
identity and will indict Governor Tillmau as
and. knowing his duty, will perform 1t. Sug.
pestions that he Is "in hole or "cornered''
are premature. He will keep his word. And
we may say that The Conservatives generally
will not, IN fear OF losing votes, hesitate to en-
dorse his most vigorous prosecution Of these
or course no conviction in Barnwell county
can be expected, since, as Solicitor Bellingcr
gased In the enterprise" c'Enlcrprise" Is
goodD But under these conditions a change
of venue Is possible, and 1t may be that in
some other county than Barnwell some of the
murderers may be convicted.
1t Is an uphill task that has been set for
solicitor Jeryey, and 10 prove his sincerity In
the matter Governor Tillman ought to supply
him with legal assistance. we believe that
In certain civil cases the Governor has had
the advice of ex-Attorney General Melton.
and the active assistance of Messrs. Samuel
Lord and ii. a. NJ. Smith of Charleston, Ira
g. Jones of Lancaster and John Randolph
Tucker Of Virginia. Is the life OF citizen OF
South Carolina of less consequence TO the
state than q few thousand dollars OF taxes?
IL it is not, the Governor will make haste to
send Attorney General Townsend to assist
Solicitor Jervey, and give him assistantsts
equal in ability TO the distinguished cousel
who represented the State In the railroad
cases at the Governors request and al the
expense Of the State.
Solicitor Jervey has the same right to as.
sistance as Attorney General Townsend, and
the suppression OF mob violence Is more i'm.
portant than the collection of certain excess
taxes.
1t is n very good joke as It stands, but If the
Governor will only carry 1t out 10 the limit
there may be additional reason to smile.
The Governors iJOke Fails-He had
No Right to Relieve Solicitor Bel
Iinger and Put His DisagreeabIe
Job on Solicitor Jervcy.
Columbia Register.
Everybody appreciated the fact that Solici-
tor Jervey was talking through his hat' at
the Columbia indignation meeting. He felt
certain that he would never be called upon to
prosecute the Denmark lynchers, and he
the refOrc let himself out.
When Governor Tilman ordered him TO go
to Denmark and prosecute the cases, Solicitor