The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1906-07-18
WANTS EVIDENCE
ON WHICH TO PROCEED AGAINST
CERTAIN OFFICIALS.
Attorney. General Youmans Says That
Lanahan Has Denied Parksrs
Testimony.

Lanahan Has Denied Parksrs
Testimony.
Mr.. L=Roy T. Youmans, attorney
general, was instructed by Gov. Hey.
ward about q month ago to proceed
with prosecutions against certain dis.
pensary officials. MIR. Younans has
been Ill since that time. Wednesday
day he wrote to Gov. HeyWary, in ct
feet, that be could not proceed on the
testimony which the supreme court
ordered MI. Parker to give before the
Investigating 60 onraittee. Following Ia
the latter to Gov. HeyWard:
Dear Sir: Il was stated In the Co.
lumbia State Of June Sch that 'the
announcement was made yesterday
that Governor Hayward had notified
the attorney general, MI. Leroy T..
Youmans, to proceed with criminal
prosecution against dispensary Off.
cials, suspected Of misconduct by rea-
son OF the testimony Of Mr.. Lewis W.
Parker
Tae testimony Of Mr.. Lewis W.
Parker referred to Is to be tonnd in
the issue Of the State Of June 7th.
On the receipt Of Jour letter, I had
conversation with you, in which 7
stated my views in regard to the most
important fundamental legal PROPOSE
5ion connected with the matter.
AS The announcement referred to In
The issue Of The State Of June 9Th
has been often iterated and reiterated
without any mention of what tran
spired In the conversation between
US, I think it proper to state in writ
ing briefly the position I then took,
snd to which I still adhere.
1t will be seen by reference to the
testimony Of Mr.. Lewis W. Parker,
alluded to, that it consists In the main
OF portions OF what was said to him
10 conversation by z Mr.. Lanahan,
who is citizen and resident of Mary
land, and whom our criminal courts
aaVe no power to compel to testify tc
che matters which MIR. Parker says
Lanahan told him. So much Of the
statement as relates to misconduct on
the part OF d!spensary officials, con-
sists solely OF what Parker says Lana.
IAN told him (Parksr) as having been
communicated to him Oanahar) BY
L. W. Byokin, a member OF the dis
Dsnsary board.
I did not then think, and I do not
aow think that anything revealed by
3he testimony Of Mr.. Parker afforded
5euabie ground on which any prosecu.
zion proper and necessary to yindicate
she law could be instituted against a
dispensary official.
Parties charged with the commits
sion Of such ofenses as are spoken Of,
can legally be arrested only on war
rants issued upon probable cause Of
the commission Of those cfenses sup
ported by oath OF affirmation. (Con
stitution, art, l, sec l6 A warrant
Is q precept under hand and seal OF
z person authorized to take up any Of.
fender to be dealt with according to
due course OF law; Is properly issua-
BILE now upon affidavit, which affidavit
must accompany the warrant.
a prosecution at this stage Of the
affair, based on the testimony given
would, in my Judgment, be prematurei
ill-adVised and unwarranted. 1t will
be remembered, too, that In the very
carefully prepared resolution, by
which the legislative committee was
appointed to Investigate the State dis.
pensary, the committee Is to report it's
findings to the general assembly. What
further developments may be held be-
fore this committee I, Of course, can
not anticipate. I have so often seen
ill-advised and premature prosecutions
result In the miscarriage Of Justice
that I have found it very unsafe to
depart from established precedents
and well.established practices. AS I
understand from your letter, the in
Yestigating committee has nads no
report to you CT this matter, and what
ycu saw in the public prints produced
before the investigating committee as
the result Of ruling Of the supreme
court, Is the manner In which the sub.
ject was brought to your attention.
When the conduct Of Black was re-
ported to you by the Investigating
committee, as there was no affidavit
or sworn statement, advised you not
to take any steps looking to his re-
moVal as a mem oer Of the board until
there had been at least an affidavit
OF worn statement Of what objection.
able action it was stated that Black
had been guilty. On being informed
OF this by you, the affidavit was at
once supplied. l sec no reason, II a
prosecution is to be instituted in this
case against a dispenssry official, why
it should be taken out OF the domain
OF the general and well.established
la1. 1t is perhaps worthy OF remark
in this connection that the press
which informed rs Of Paiker's tasti.
nony, informs US also that Lanahan
does not agree to the version made
before the Investigating committee.
Very respectfully,
LEROY T. YoUMANs,
Attorney General.
Seven Girls Drowned.
At Cedar Rspids, Iowa, seven girls
were drowned Thursday in Cedar
Rapids river, only three blocks from
home, while Wading. The smallest
child slipped into a deep hole and In