Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1893-05-11

Hon. w. st. J. Jervey, Charleston, 5.
C.-Sir: am in receipt of letter from
G. Duncan 3ellingei, Solicitor OF the
Second Circuit, in which he states that
bv reason of the fact that his relatives
and connections are ,robably implicated
in the recent unfol unate affair at Den
mark, amy efforts on his part to bring
the perpetrators TO justice would be
embarrassing to him and would proba-
bly, lay him open to the charge.of par
TALLY and insincerity."
He, therefore, asks me to direct the
Solicitor of one of the adjoining circuits
to take charge of the case and prosecute
the persons who have over-ridden the
law. He further suggests yourself, and
l, therefore, direct you to proceed to
Denmark at your earliest convenience
for the purpose of thoroughly investigat-
ing the outbreak and taking the neces-
sary steps to vindicate the law and pun
ish the lynchers.
comply with Mr. Bellinger's request
the more readily because your well
known zeal and legal ability give assur-
ance that you VIII do your whole duty.
Yours very respectfully,
b. K. T1L1MAN. Governor.
p. S.-Mr. Bellinger will, of course,
take your place in any work in your own
circuit which may interfere with your
compliance with this order. B. R.T.
This certainly is very rich condition
of affairs, and taken in connection with
the circumstances is fine piece of sar-
casm.
But the Governor is in earnest, and all
along has said that if he had the power
he would be glad to give Solicitor Jervey
the opportunity. According to Section
81 of the Statutes the Governor has this
right, and the whole State will watch
with interest what Mr.. Jervey is going I"
do about it. He has a big job on his
hands, but it looks as if he will have to
tackle it.
SOLICITOR JEREEf FLASHES On iE'h-
NICALITY.
CHARLESTON, S. c., May >, 1898.
HIS Excellency B. R. Tillman, Cover
nor. etc, Columbia, S. C.-Sir: beg to
acknowledge your letter of 4th instant,
wherein you direct me ''to proceed TO
Denmark at your my earliest conyen-
ience. for the purpose of thoroughly
investigating the outbreak and taking the
necessary steps to vindicate the law and
punish the lynchers.'
All lawful directions emanating from
the Executive shall be fully and earnestly
carried out by me, but m matter OF
such Importance it is best thaty your direc-
tions conform 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 circuit and assume the enforce
ment of the criminal law there.
Section 5ll of the General Statutes,
under which ! assume you act in the
matter. authorizes the Governor to direct
the Solicitors to assist the Attorney Cen
eral. or each other. in all suits or prose-
cutions in behalf of the State.
The section clearly contemplates that
a Solicitor so directed must be associated
with. not supersede, the constituted rep
resentative of the State in any circuit IN
some suit of prosecution there pending.
am satisfied that under this section
he would not be authorized to take origi-
nal proceedings, and that an indictment
presented by him would not be valid.
Whenever the Solicitor of the Second
Circuit shall have performed his func-
tions under the law, and prosecution
has been begun in Barnwell county,
should you think that the interests of
the State would be subserved by my
presence, shall promptly obey the d.iec-
ton of your Excellency.
The duty is one of grave responsibility.
neither to be sought nor evaded, and |
shall devote to its proper execution all
the ability and earnestness at my con-
troll.
have the honor to be very respect
fully, 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 reading;
COLUMBIA, S. c., May 6, 1893.
W. St. j. Jervey, Esq, Charleston, s.
c. 3ir: l have your letter of the 5th
instant and note its contents. The order
for you to proceed to Denmark was based
upon an opinion of the Assistant Attor-
ney General, as well as upon my own
construction of the powers conferred
upon me under Section 81 Of the Gene
raj Statutes. While it may be presump-
ton in me, layman, to construe law
differently from so distinguished an orna-
ment to the bar as yourself, ] insist that
you are splitting hairs" SO TO speak.
The section above quoted says: SSolici-