The county record. [volume] (Kingstree, S.C.) 1885-1975, 1898-03-24
Forgery mot ENBEZHEhENT
The Case of Clerk of Court Bullock
in AbbeyiIIe.
HE IS UNDER INDICTMENT
For Using the Name Of the Circuit
Judge Without Authority, and the
Gov. Undertakes to Remove Him.

During the recent session of the Gem
eral Assembly there was quite sensa-
tion in the report that Clerk of Court
Bullock, ofAbbeville, was charged with
using the name of the Circuit Judge
without authority. The grand jury in
time found true bill against Bullock,
and he is now under Indictment In
the course of events Governor Ellerbe
issued an order declaring Bullock re-
moved from Office upon the true bill
having been found, and appointed j.
L. Mcmillan, clerk of court for Abbe-
Vile county until Bullock is acquitted,
and If not acquitted Mr.. Mcmillan Will
hold the Office for the unexpired term.
But Bullock refuses to surrender the
office, and MIR. Mcmillan has not yet
been able to secure possession OF the
Office and books. The case is one OF
particular interest and is, perhaps, the
first in the history OF the State on ex-
actly the lines indicated, certainly the
first case under the provisions OF the
Constitution as adopted in 1895. The
Constitution reads as follows:
"Section %. Whenever it shall be
brought to the notice of the Governor
by affidavit that any officer who has
the custody of public Oh trust funds is
probably guilty of embezzlement or the
appropriation of public or trust funds
for private use. then tho Governor
shall direct his immediate prosecution
by the proper officer. and, upon true
bill found, the Governor shall suspend
such fiocer and appoint one in his
place until he shall have been acquitted
by q verdict of o jury. In case of con-
viction the office shall be declared va
cant and the vacancy filed as mag bs
provided by law.
The Attorney Generals Office, has
taken mp the matter and will give such
encouragement as called upon to Mr..
Glaydon, who is seeking to have the
Office turned over to Mr, MCMILLAN
under the appointment Of Governor
Ellerbe.>--
It will be remembered that during
Governor Tillman's time an effort was
made, at his request, to give the Gov
ernor the right to remove sherifts and
other officers. His idea was to get rid
Of sheriffs who permitted lynchings OF
prisoners The General Assembly has
all along refused this right, as did the
Constitutional Convention, and the
compromise effected was to give the
Governor the right to suspend an OF.
ticer as soon as true bill was rendered
by the grand jury for embezzlement.
The opposition to the right Of removal
was founded on the fact that the sheriffs
and clerks were elected by the people.
and that the people should be allowed
to deal with their own officers.
It will be interesting to note who will
hold the Office. In the meanwhile the
people of Abbeville do not know whom
it is safe to recognize as clerk Of the
court for the recording of instruments.
The Abbeville Press and Banner says
Of the case:
'.Mr. j. L. Mcmillan having filed
his bond as clerk of court of this county
with the Secretary of State on the 18th
instant, on Monday, by instructions
from the Governor, made formal de-
msnd of Mr.. w. r. Bullock for the
Office. Mr.. Bullock refused to vacate,
saying that he was advised by his at.
torneys that the Governor had no
authority of law to suspend or remove
him, and that he was going to stand
upon his legal rights. Leave to bring
action has already been granted to Mr..
Mcmillan by Judge Klugh, and as
soon as the papers can be prepared suit
will be commenced by Mr.. Mcmillan
for the Office. If the court should hold
that the Governor had the power to re-
move Mr.. Bullock it is expected that
Mr.. Bullook's attorneys will appeal to
the Supreme Court. Messrs. F. B.
Gary and E. G. Haydon represent
Clerk Bullock, and the Attorney Gen.
eral and Mr.. w. N. Graydon represent
Mr.. Mcmillan. The public awaits with
growing interest the result of this oom.
plicated case"
The contention Of MIR. Bullock's
friends is understood to be that the
Constitution provided that there shall
be q suspension from Office upon true
bill being found only in case of embez-
element and the misuse OF fpublic funds,
and the Constitution seems to read that
way. The charge against Mr.. Bullock
is forgery, and that, it is alleged, is not
covered by the Constitution. The po.
sition is that true bill is found on e1
parte statement, and that it is not fair
to presume q man guilty upon an ex
parte statement made to q grand
jury. 1t is contended that there is no
misuse of public funds, and, as mat
ter of fact, Mr.. Bullock has over paid
the State. The contention is said to
be about claim of So. 40, all the other
parties admitting that they received
their pay, and in regard to the 81. 40
claim q son of the man for whom the
certificate was drawn is said to have
gotten tho money. There are now said
to be warrants signed in blank ny
another Circuit judge. which could
have been issued had the clerk intend
ed fraud. It is contended that 1t ID
not an usual practice for clerks to
sign the names of judges to pay war
rants. I'D some judges fill the warrants
out in. blank.
The 10Th annual commencement of