The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1893-05-12

i.gs and the verdict Of tue jury Of inquest
giYc NO information upon wich the prose-
cution can be begun. Under these circum-
stances, il the c,se is ever 70 receive. that
investigation that its gravity seems 70 re-
quire, 1t becomes the duty of the executive
officer to institute proceedings in the prem
ises.
Inasmush as the violation of the law was
committed in community in which have
macy relatives and connections, it is not
impropable that some of them were impli-
Gated, especially as it is stated that the
entire community was engaged in the enter
prise.
Such being the case, any effort on my
part to bring the perpetrators to justice
would be embarrassing TO me and probably
lay me open to the charge Of partiallity AMI
iBsinceriy.
] would therefore request that your Ex-
ce'lency would charge the Solicitor of one
Of the adjoining circuits TO take charge OF
the case, and would suggest Solicitor Jer-
vey, whose circuit adjoins this county and
who probably best understands the sitn a'ion
and could give the matter satisfactory at
tention.
Assuring you that shall be ready a. any
time TO render such service as the case and
my office requires, am, respectfully,
G. DUNCAN BkLLINGHR,
Solicitor of the Second Circuit.
Governor Tillman, after consultation with
tho Attorney General, issued the following
order:
COLUMBIA, S. c., May 4, 1898.
Hon. W. st. J. Jervey, Charleston, s. c.
SIR: l am in receipt Of letter from G.
Duncan Bellirger, Solicitor Of the Second
Circuit, in which he states thai by reason of
the fact that his relatives and connections
are probably implicated in the recent un-
fortunate affair at Denmark, "any efforts On
his part to bring the perpetrators to justice
would be embarrassing to him and would
probably lay him open to the charge Of
Pariia ity and insncerity."
lie, therefore, asks me 10 direct the Solic-
itor Of one Of the adjoiuiug circuits to take
charge Of the case aud prosecute the persoQss,.
who have overriddcn the law. He fW-I
suggests yourself, aud l, therefx.s ~ -~-
you to proceed to Denmark at yoi
convenience for the purpose OF IN
investigaling the outbreak, and tan
necessary STEPS to viudicate the Ian ,,,,,
punish the lynchers. tenn It
l comply with Mr.. Bellingers blood bio ID
the more aerdily because your we'll Il medic
zeal and legal ability give assurance
you will do your whole duty. lIr
Yours, very respectfully. n 2I.
u. Il. TILLMAN, Gove o,hor
p. P.S.-Mr. Bellinger will of ceurH after
your place in any work in your OWN tioIS
which may interfere with your CO satisf
with this order. B.N have
This certainly is very rich conditidS&cs -
affairs, and taken in connection with the
circumstances is a fine piecs Of sarcasm.
But the Governor is in earnest, AMI all
along has said that if he had the power he
would be glad to give Solicitor Jervey the
opportunity. According to Section 5ll Of
the Statutes the Governor has this ght,
and the whole State will watch with inter-
est what Mr.. Jervey is going to do about it.
He has big job on his hands, but it looks
as if he will have 10 tackle it.-C6t Regis
ter.
JERvEYs REPLY.
Charleston, S. c., May 5.-The following
is n copy of q letter sent by Solicitor Jer-
vey to Governor Tillman today in reply to
Tillman's letter instructing him to prosecut.
the Denmark lynchcrs:
Il beg to acknowledge your letter Of the
fth instant wherein you direct me to pro-
ceed TO Denmark at my earliest convenience
for the purpose of thoroughly investigating
the outbreak there aud taking the necessary
steps to vindicae the law and punish the
lynchcrs. All lawful directions emanating
frsm the executive shall he fully s.aa earn
estly carried out by me, but in n matter Of
such Importance 1t is best that your direc-
tiens conform strictly TO the law. There is
ne provision Of the law wh;ch authorizes me,
with or without your sanction, as solicitor To
go into any other circuit and assume the
enforcement of the criminal law there.
Section 5ll of the general statutes, under
which l assume you act in this matter.
authorizes the Governor to direct the Solicit
tors to assist tho attorney general or each
other in all suits or prosecutions in behalf
of the State. The section clearly contem-
plates that n Solicitor so directed mus. be
associated with and not supercede the consti-
-tI,tsd REPRESENTATIVES, Of the State in aDy cir
Eul' IN some suit or prosecution there pend.
,nS. l Am satisfied thai sss<isr-tls;s- -oootiou
no can not be authorized to take original
proceedings and that IN indictment nre.
sented by him would be invalid.
whenever the solicitor of the seco,J
circuit shall have performed his fupctions
uhuer the law aud prosecution has begun
in Darh"eli county, should you think that
,he interests of the State would b, subseryed
uy my presence, l shall promptly obey the |
uirsction of your excellency. The dutv !. |
one OF grave responsibility, neither 70 bs |
sought nor eyaded, and shall Ieyots n 10
proper execution all the ability and earn.
esIuess NJ my command
THE GOVERNOR TALKS BACK TO MR.. Jrrvry
~ ., COLUMBIA S. C., May
W, o. D. Jervey, ESQ, Charleston, :. e.
DIR have your letter of the 9th ins,
ana note It's contents. The order for yom
10 proceed to Denmark was based upon m
opinion of the Assistant Attorney Gep.raI
's wen as upon my own construction of the
po"ers conferred upon me under S,c,ion
III OF the general stautes. While il mov
Dc presumption in me, u layman, to constrne
aw inherently from 50 distinguished an
, ,rnament OF The bar as yourself, insisL
nat I, you ere splitting hairs" so to speak
ne section above quoted says: "Soliei orc
na'' uo the duy of The Attorney General
nd give their counsel and advice to ,hs
'overnor and other State officers in mat
ers OF public concern, whenever thew shall
g oy them required 50 TO do, and assist Tho
''orhey "en'ra!, OF each other in all suit,
r prosecutions in behalf of the State When
irected so to do by the Governor Il is
il,o. |