Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-06-05
AS THE GOVERNOR SEES 1T.
Chief Executive THINKS Black Should
Be Removed.

After thorough investigation Of the
circumstances connected with the
Black-Lyon incident, Governor Hey
ward made up his mind that Mr.. Black
should be removed from office, the
only question being whether or not re-
moval came within the jurisdiction of
the governor. Before taking action.
therefore, his excellency on last Friday
addressed to the attorney general the
following letter:
Dear Sir: 1t has been reported to
me as governor of the state that on
Friday, May 25th, Mr.. John Black, a
director of the state dispensary, made
threatening attack upon Mr.. j. Fraser
Lyon, a member Of the investigating
committee of the dispensary. A COM
munication from this committee, ad-
dressed to me, was received at my Of
flee Saturday morning, the 26th inst,
containing a transcript Of the testi-
mony given by Mr.. Lyon, detailing the
circumstances of the affair. With this
formal action of the committee before
him, my secretary, Mr.. Norment, re-
ferred the correspondence to your Of
flee during my absence.
1.-The first knowledge l received OF
this incident was through the newspa-
pers while at Walterboro. and almost
Immediately afterwards the Hon. w.
B. Gruber, one Of the attorneys for Mr..
Black, requested me to take no decisive
action In the matter until an oppor-
tunity was given for Mr.. Blacks side
of the case to be heard.
This formal request was made on
the ground that the conduct Of Mr.
Black concerned private and personal
affairs not in any way connected with
the official duties of his office, and that
the governor therefore had no power to
remove him-even granting that he
would have the power to do so In
proper case.
I'm order that no injustice might be
done, and for the further reason that
I as governor of the state believed Ii
to be my duty to act within the law,
assurance was given that l would not
condemn a man without giving him
the privilege Of appearing in his own
defense. Mr.. Blacks attorneys appear
ed before me today.
From Mr.. Lyons statement submit
ted to the committee, 1t appears that a
grave offense was committed against
the peace and dignity Of the state, In
that the life of a member Of the inves-
tigating committee was threatened,
while in the discharge of his duties, by
one of the highest officials Of the state
dispensary, the affairs of which insti-
tuition he was then investigating In ac-
cordance with an act of the general
assembly of South Carolina.
MY impulse Is to follow the sugges-
ton Of the committee and remove Mr..
Black from his Office as a rebuke for
such behavior on the part Of one hold
ing so important an office.
Il herewith hand you all of the pa
pers in this case. In addition to the
Tapers from the committee which you
already have In your possession, you
will find also the points made In argu-
ment by Mr. Blacks attorneys. in
which it Is urged, among other things,
that the facts and circumstances do
not show sufficient cause for removal.
ITO the end that l may act within
the law, and in order that the commit
tee may be fully protected, I request
that you give me your opinion as to my
authority as governor in the premises.
For these reasons permit me to direct
your careful attention to the follow
ing inquiries, to each of which | beg
that you give me categorical replies:
First: What offense or offenses are
charged or implied by the facts and
circumstances disclosed.
Second: Are any of the offenses
charged such as, If sustained, will
legally authorize the governor to ex-
ercise the power of removal?
You will understand the necessity
of prompt action, and / trust that you
will kindly file your opinion as soon as
possible in order that l may act
Respectfully yours,
D. G. HEYwARD,
"Governor"