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


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 or prosecutions in
behalf of the State when directed so to
do by the Governor" It is clear from
this section that the Attorney General
has power to take original proceedings IN
criminal cases ir any county, and it fol-
lows that any Solicitor when ordered by
the Governor can legally do what the
Attorney General could do.
You will not assert that the disability
of the Solicitor of the Second Circuit par
alyzes the law, or deny that the Judge
can appoint Solicitor ''pro tem," and
the technical language, 'to assist the
Attorney General or each other,'' cannot
be construed to forbid an interchange OF
work or swapping places by the Solici-
tor, even "to take original proceedings.
still hope that you will waive your
own construction and leave it to the
court to pass on the legality of such pro-
ceedings as you may take in prosecuting
the Denmark lynchers. OF course, I have
no power to force you to perform the
duty, which thought would be pleasant
to you. If you still refuse, the matter
must be left with the Judge, when court
convenes. Respectfully,
B. r. TnLMAN, Governor.
What Mr.. Jervey is goi2s to do about
it is the question. Will he 60, and if he
does will he indict the Governor like he
said he would?
Solicitor Jervey sent the following let
ter to the Governor in response to the
last letter of his Excellency:
CHARLESTON, S. c., May s, 1898.
His Excellency B. R. Tillman, Cover
nor, ETC., Columbia, S. C.-Sir: Your let
ter of the 9th instant is received. I'm
doubtedly Section 5l1 of the General
Statutes does make it the duty Of the
Solicitors to "give their counsel and
advice to the Governor and other State
officers in matters of public concern
whenever they shall he by them required
so to do" And had your Excellency
done me the honor to call upon me for
counsel and advice it would have Ken
freely given. But in your letter Of fth
instant you asked no advice, but pcc,
emptorily directed" me to do an act
forbidden by the constitution.
Now, however, if you really wish
advice, and propose to have the Denmark
affair Investigated, respectfully suggest
that you call upon the Solicitor OF the
Second Circuit to obtain the information
necessary on which to base prosecutions,
and to see that warrants are issued
When suits or prosecutions have been SC
begun it will be within your power to
direct the. Attorney General or the Soil.
citor of some other circuit to assist ID
such prosecutions. and should it then
appear that the Solicitor of the Second
Circuit is confronted by the possible
embarrassments to which he has alluded
he may be relieved by his assistant OF all
further active. participation. l repeat
Whit have before written: whenever
the Solicitor of the Second Circuit shall
have performed his functions under the
law. and prosecution has been begun
in Barnwell county, should you think
that the interests OF the State would bt
subserved by my presence, l shall
promptly obey the direction OF youl
Excellency.''
do not propose to be misrepresentec
in this matter have not declined, MOI
do propose to decline, any duty which
may be imposed upon me by competen
authority and in lawful manner.
decline to waive my honest construc
ton of the law, or to suffer myself to b'
placed in false position, and l decline
to notice your unwarranted criticisms
and insiruations. Respectfully,
W. ST. JULIEN JERvEY,
Solicitor of First Circuit.
COLUMBIA. S. c., May 9.-When Gov
Tillman read Solicitor Jervey's last let
ter concerning the prosecution o: tht
Denmark lynchers, he said that the con
stitutionality of his instructions to Mr.
Jervey was unnecessary of discussion
but that if Mr. Jeryey persisted IN hl'
declination to obey his instructions hi
might find himself subject for impeach
nent. The Governor said that he hat
ample law to uphold him and cited tn
order of Gov: Jeter directing Solicito
Cothran to prosecute the Clysby-B!an
case, as Solicitor Bonham was nea
relative Of the deceased.