The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1903-09-23
HUW Is THIS?
Chief Justice Pope Was Misinfor med
by Some One.
WAS FALSELY LED TO BELIEVE
That the Bar Of Winnsboro Held
Opposite Views to What the
Gentlemen Composing it
Now Express.
Now Express.

A special dispatch from Winnsboro
TO The State says: The members of
the WiunsbOro bar whom | saw Tues
day morning and saw majority
"i the active members of the bar
were all surprised at the statement
published from Spa,.anburg that the
Wlnnsboro bar had petitioned Justice
rope Tor the poStponement OF the
regular term, and the appointment of
special term. They were all unani-
nous In the statement that no such
petition had been sent, and on the
contrary were emphatic in their state
inent that the majority, If not all of
the members OF the bar OF Winnsboro
not only did not want the regular
term postponed, but they wished it
held, and wished it held by Judye
townsend and no one else. As one
OF 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 finish
Cle jury cases, much less the equity
cases, and he was sure that special
term would be necessary to finish the
equity cases at least.
Senator Ragsdale practically cx-
presses the opinion of the entire bar,
WIN possibly one or two exceptions,
In the following statement:
L think the statement in Tues
days State is based on a misconcep-
tion OF the action OF the Winnsburo
bar In so far as it has taken any ac-
tion at all, | 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 NAV
also find it necessary to have a special
term, but we would like to have the
regular term also. If the regular term
is held, L do not think that it would
oe competent for any other Judge
than Judge Townsend to hold it. /
90 not think that che assignment of
Judge Townsend to the Lexington
court makes such disability to
! preside here, as is contemplated by
the statute. In other words do not
think that Judge Townsend is eligible
under the statute to the appointment
to hold the Lexington court"
Inc real status Of the situation,
given as nearly as possible in the CON-
poSlte language of several members of
the bar, is that thc bar was put into
Il state or uncertainty by the an
nouncement last week that Judge
townsend had been appointed to hold
court In Lexington instead of Judge
cage. They knew that Judge Town
send was scheduled in accordance with
the provisions OF the constitution and
salute law To hold court in Winnsboro,
at the same time that court was to be
Deld in Lexington. They were aware
OF 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
were aware that neither Justice Pope
nor any other authority could post
pone, or call oil regular term of court
that the court would have to be OPEN
ed each day by the clerk and adjourn
ed from day To day f)r 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
IownSend's appointment TO Lexing-
ton not yet absolutely settled, the bar
simply decided To await developments.
and took no action. But as stated
above 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 1T 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 loss TO understand
how the impression had been convey
ed to Justice Pope that they desired "a
poStponement of the regular term, as
the only communication any OF them
had with him was personal letter OF
inquiry from Mr.. J. Il. Mcdonald, MIR.
Mcdonald did not have copy of his
letter, which he said, however, he
would he 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
/ NinnSboro for the regular term, that
no one else be sent, but Especial term
be held the third Monday in October.
f. III. McMaSter.