The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-09-23
HOW rs THIS?
Chief Justice Pope Was Misinformed
by Some Cne.
WAS FALSELY LED TO BELIEVE
That the Bar of Winnsboro Held
Opposite Views to What the
Gentlemen Composing it
Now Express.

A special dispatch from Winnsboro
70 The State says: The members of
the Winnsboro bar whom saw Tues
day morning and I saw a majority
Of the active members Of the bar
were all surprised at the statement
published from Spartanburg that the
WinnSboro bar had p.v.tioned Justice
Pope for the postponement Of the
regular term. and the appointment.cf
2 special term. They were all unani.
nous in the statement that no such
petition had been sent, and on the
contrary were EN- phatic in their state
ment that the majority, if not all Of
the members Of the bar Of Winnsboro
net only did not want the regular
term postponed, but they wished 1T
held, and wished it held by Judge
Townsend and no one else. AS one
uf the older members expressed it there
was more work on the docket than
could be disposed Of IN the regular
Term, and it would probably be neces-
sary to have special term to faish
the jury cases, much>less the equity
cases, and he was sure that a special
term would be necessary to finish the
equity cases at least.
Senator RagSdale practically ex-
presses the opinion OF the entire bar,
with possibly one or two exceptions,
in the following statement:
"II think the statement in Tues
days State is based 0l--a misconcep-
iion Of the action Of the Wipnsburo
bar in so far as it has taken any ac-
Cion at all, l understand that the bar
or majority Of the members Of the
bar, at least, desire that the regular
term Of court be had here. We may
also hnd it necessary to have special
term, but we would like to have the
regular term also If the regular term
is held, do not think that it would
be competent for any other judge
than Judge Townsend to hold it. L
do not think that che assignment OF,
Judge Townsend to the Lexington
court makes such a disability to-
preside here, as is contem plated by
The statute. In other words I do not
think that Judge Townsend is eligible
under the statute to the appointment
to hold the Lexington court .s
Tie real status Of the situation,
given as nearly as possible in the COM
poSite language of several members Of
the bar, is that the bar was put into
a state of uncertainty by the an-
nouncement last week that Judge
Townsend had been appointed to hold
court in Lexington instead Of Judge
Gage. They knew that Judge Town.
send was scheduled in accordance with
the provisions Of the constitution and
salute law to hold courtin Winnsboro,
a5 the same time that court was to be
beld in Lexington. They were aware
" the constitutional objections to any
other than the present judge OF their
circuit holding court in Winnsboro,
when the judge Of that circuit, Judge
Townsend, was able to act. They
we're aware that neither Justice Pope
nor any other authority could post
pOne, or call off regular term Of court
that the court would have to be open
I'd each day by the CLERK and adjourn
ed from day to day for two weeks even
in the absence Of the judge Of the cir
cult. or that the Judge Of the:
circuit would have to open court
himself and adjourn sine ME. Hence
at meeting Of the bar held
some days ago, with this know
ledge and with the matter OF Judge
rownsend's appointment to Lexing-
Ton not yet absolutely settled, the bar
simply decided to await developments,
and took no action. But as stated
lbove by Senator Ragsdale, and by
others to me personally, there was
the evident desire on the part Of the
majority Of the members of the bar
that the regular term be held, and
that it be held by no one else than
Judge Townsend to make it legal and
proper.
The members of the bar with whom
talked were at a loss to understand
row the impression had been convey
ID to Justice Pope that they desired a
postDonement CT che regular term, as
the only communication any OF them
;lad with him was a personal letter Of
inquiry from Mr.. J. E. Mcdonald, Mr..
Mcdonald did not have a copy of his
letter, which he said, however, he
would be glad to have published. He
had inquired Of Justice Pope as to the
assignment Of Judge Townsend to
Lexington, and had stated that If
Judge Townsend was not to come to-
WinnSboro for the regular term, that
no one else be sent, but special term