The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-06-06

eral days ago by Governor Heyward's
secretary, Mr.. J. E. Norment, and Mr.
Youmans has been studying up au-
thorities and references on the point
OF: the removal of officers for cause.
Following is the letter from Gov
ernor Hayward to the attorney gen.
eral:
'June 1, 1905.
'']Ion. Leroy F. Youmans,
Attorney General,
Columbia, S. c.
".Dear Sir: It 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.. ]. Fra
ser Lyon, a member of the investigat-
ing committee Of the dispensary. A
communication from the committee
| addressed to me, was received at my
Office Saturday morning, the 26th
instant, containing transcript Of the
testimony given by Mr.. Lyon, detail
| ing the circumstances of the affair.
With this formal action of the COM
nfittee before him, my secretary, Mr..
| Norment, referred the correspondence
| to your Office during my absence.
1.-The first knowledge I received OF
this incident was through the newspa-
pers while at Walterboro,r and almost
Immediately afterwards the Hon. w.
B. Gruher, one of the attorneys for Mr..
Black, requested me to take no decis-
i've: action in the matter until an op-
portunity was given for Mr.. Blacks S
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 hin1-even granting that he
would have the power to do SO in a
proper case.
''In order that no injustice might be
done, and for the further reason that
as goveror Of the State believed it
to be my duty to act within the law,
assurance was given that 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 sdb-
Ini1ted to the committee, it appears
that grave offense was committed
against the peace and dignity Of the
State, in that the lie Of member Of
the investigating committee was
threatened, while in the discharge of
his duties, by one Of the highest Off
cials OF the State dispensary, the ef-
fairs of which institution he was then
inyast igating in accordance 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 inc portant an Office.
"I herewith hand you all Of the pa
pers in this case. In addition to the
papers from the committee, which you
already have in your possession, you
will find also the points made in ar
gunent 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 I 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 prem
ises. For these reasons permit me to
direct your careful attention to the fol-
lowing inquiries, to each Of which I
beg that you give me categorical
replies:
First: What offense or ofenses are
charged or implicated 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 I may act.
Respectfully yours,
I'd. C. Hayward,
Governor"
NO JAIL FOR CHILDs.
Columbia, June 2-1t is practically
certain that Mr.. W. G. Childs will not