The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-06-08
|GOYERNOR MAY KILL. II.
!. ~. BOUNCE RLACK
.HEYWARD SAYS HE IS INoLIN-
ED TO TAKE SUCH ACTION.
Wants to Know Law Before Remov-
ing Dispensary Director Who
L Threatened Lyons Life Gov
.ernor Must Have Law.
sGreepville News.

Eday to hearing in the case against
major Black. He heard Mr.. Gruber
and Mr.. P. III. Nelson, representing
major Black. They contended vigor-
|ously that the charges we're in no
sevent sufficient, cause for removal
and that Major Black should not be
removed.
Governor Hayward is working dill
gently and conscientiously on the case
and whatever may be the final deter
lnination will be an honest and proper
Zaecision. Governor Hayward wants
30 act exactly within the law and deal
Justly as between the Investigating
Eeommittee and Mr.. Black. His letter
Transmitting the records to the Attor-
beg General fully set forth his posi-
lion.
8 In it he writes:
q "June l, 1906.
q Hon. Leroy F. Youmaus, Attorney
General, Columbia, S ;.
8 "Dear Sir-It has been reported to
ne as Governor Of the State that on
Friday, May 25th, Mr.. John Black, a
director Of the State dispensary, made
81 threatening attack upon Mr.. J. Fra
ser Lyon, u member Of the investi-
8ating committee Of the dispensary.
"a communication from this COM
aAittee, addressed to me was received
80 my office Saturday morning: The
18Th, inst, containing q transcript Of
the testimony given by Mr.. Lyon, de-
t8iling the circumstances Of the af-
.f9ir. With this formal action of the
before him, my secretary,
lyfr. Norment, referred the CORES
n6ndence to your office during my abb
ENnce.
l@ESt @ The first knowledge that I receiv-
adj of this incident was through the
while at Walterboro, and
Utmost Immediately afterwards the
Honorable w. B. Gruber, one Of the
attorneys for Mr.. Black, requested me
tbEtalle 10 decisive action in the mat
an opportunity was given for
lME Blacks side of the case to be
heard.
~ This formal request was made on
fll8 ground that the conduct of Mr..
Hlacl1 concerned private and personal
alfairs not in any way connected with
lid official affairs Of his Office and
that the Governor, therefore, had no
lD0wer to remove him, even granting
that he would have the power to do i'll
proper case.
S'In order that no injustice might
|hW done, and for the further reason
Bhat I, as Governor of the State, be-
4seyed it to be my duty to act within
HE law, assurance was given that l
WOULD not condemn man without
gsVing him the privilege of appearing
,isfshis own defense. Mr.. Blacks at
kogneys appeared before me today.
From Mr.. Lyons statement sub
Nsitted to the committee it appears
kIiRt a grave offensc was committed
ainst the peace and dignity OF the
Atc investigating committee was
while in the discharge of
|lsi8 duties by one of the highest Of
:fiDials Of the State dispensary, the
aRairs of which institution he was
5klsen investigating in accordance with
szsli s&fisa sact Of the General Assembly of
nnth Carolina.
NV impulse is to follow the sug-
of the committee and remove
etE Black from his Office as rebuke
ss8 such behavior on the part OF one
N1kling so important an Office.
|s + herewith hand you all OF the pa
s.ssIs in this case. In addition to the
.faSsscrs from the committee, which you
fpady have in your possession, you
find also the points made III az
ncnt by Mr.. Blacks attorneys, IN
ii ach it is urged, among other things,
skhat the facts and circumstances ad-
do not show sufficient cause for
k8sioval. To the end that [ may act
bin tie law, and in order that the
Amittee may be fully protected, l.
best that you give me your opln-
as to my authority as Governor in
premises. For these reasons, per-
1' me to direct your careful atten-
i to the following inquiries, to
of which I beg that you will give
categorical replies:
st.--What offense or offenses are
ged or implied by the facts and
amstances disclosed.
2nd-Are any Of the offenses