The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-06-15
BLACK WILL NOT BE REMOVED
Purged Himself Of Contempt--Says
He Was Misinformed AS To The
II Nature of Inquiry Being e..
.~.>. : Made by Committee -: ..,,

Maj. John Black will not be re-
moved from his position rs director
of the State dispensory. Gov Hey
ward had named yesterday Us the
time for Maj. Black to appear in per-
SON or through his attorney and pres
ent his answer to the citation prepar-
ed by the attorney general.
Mr.. w. B. Gruber, brother-in-law
of, Maj Black and leading attorney
for. the defendant in this action,
handed to the governor a letter from
Maj. Black. ct will take the respon-
sibility on my shoulders as governor
to dismiss the rule to show cause. I
will notify the Investigating commit
tee in communication which I Will
give to the papers later.'
The investigating committee was
not represented at the hearing. Mr..
Lyon, of course, did not want to ap-
pear and the rest Of the committee
had not designated any member to
represent them as was done in the
caoc VI H1I. uIhcI UclOIo Cuo SUI
preme court.
Following is Maj. Blacks letter:
Columbia, S. c., June IL, 1906.
To His Excellency, D. C. Hayward,
Governor, Columbia, S. G.
Dear Sir: I wish to present to you
and through you to the members of
the dispensary investigating commit
Ice the following statement in re-
ference to the difficulty between Mr..
J. Fraser Lyon and myself, which
matter has been referred to you.
A few minutes before my encoun-
ter with Mr.. Lyon I had received in
formation that my private affairs,
these affairs having no connection
with my office, were being probed
into and that private matters would
be brought out in the course Of the
investigation and would be presented
in an entirely erroneous, unwarran-
ted and harmful light. The receipt
of such information naturally caus-
ed me to become greatly indignant
and happening at this moment to see
Mr. Lyon I was swayed by sudden
heat and passion and I used language
and assumed an attitude which, how
ever great L conceived the provoca-
ton to be, was not justified in the
circumstances, and which I regret.
I had no purpose to be in contempt
Of the dispensary investigating COM
mittee, nor to obstruct the commit
tee in any legitimate investigation.
To this end beg to submit this
statement, and regret the occurrence.
(Signed) John Black.
Upon receipt Of this letter Gov
Hayward wrote to the investigating
committee as follows:
Hon. j. 7. Hay Chairman Dispensary
Investigating Committee, Columbia,
S. G..
Dear Sir: In further reference to
the Lyon-Black encounter which
matter was referred to me by your
committee. I beg to make the follow
lllS SlutCulCllt upon tuC
opinion Of the attorney general your
committee gave me sworn affidavits
in this case on June 7tb and Oh June
9th the necessary papers were ser
we'd on Mr.. Black directing h i'm to
appear before me to show cause why
he should not be removed from Of
flee.
The hearing was held at my office
today, no one attending but Messrs.
w. b. Gruber and P. H. Nelson, 'coun-
sci for Mr.. Black. The Hon. W. B.
Gruber at this hearing handed me a
communication from Mr.. Black, by
me to be transmitted to you, at the
request of Mr.. Black. :.
I beg to hand you herewith a copy
of this communication as requested
in which Mr.. Black purges himself Of
contempt of your committee.
acting upon this statement I have
dismissed the rule to show cause why
Mr.. Black should not be removed
from office. F."
| D. c. Hayward,
Yesterday was the day which Mag
istrate Norman had fixed for the
hearing of the motion Of Chief OF
Police Daily to put Mr.. Lyon and
Maj. Black under peace bond. The
case was not heard. There has never
been any action on this case in th'
police court. s ..-.. .
| '.., - = =. ..... - a.r.