The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-22
sGOYERNOR ANSEL'S
ACTION SUSTAINED
SUPREME COURT REFUSES TO
GRANT PETITION OF BOARD.
Governor Says Court Has no Jurisdic.
zion. He Claims He is Answer
"a able for His Acts Only to
yY the People. -.
News and Courier.

Columbia, February 19.-The Su-
preme Court to-day heard the argu-
sment in the case brought by the
laboard of directors of the state dis
kpensary to require Governor Ansel to
show, cause why writ Of certiorari
Should not be issued against the re-
Bnoval of the board. The Court re-
fused the writ and Governor Ansel
! is sustained.
The order was issued last week by
3saAssociate Justice Jones, at Lancaster,
Wand he requested the Court to meet
him here to-day and hear the
ease. All of the members Of the Court
Ig&ere present, including Chief Justice
j Pope, who has been seriously i'll at
his Newberry home. The return of
=, Governor Ansel set up denial of the
jurisdiction of the Court to review his
action in this matter on the ground
: that the governor is the supreme exc
cutive official of the state and that he
fis not subject to the control of the
fScourt in such a matter.
s. The return reads as follows:
is estate Of South Carolina, etc..
"The state, eX relatione j. NJ. Raw
u linjon, John Black and Joseph B.
SsWylie, REALTORS, versus the Hon. Mar
$Etin e. Ansel, as governor of the state
SHof South Carolina, respondent. And
Isnow comes NJ. Il. Ansel, as the COVER
l,gnor Of the state of South Carolina,
his high respect of the ju-
flicial department of this state, but
Eswithout in any degree acknowledging
the jurisdiction Of this court over him
as the chief magistrate in whom is
Invested the supreme executive authori-
ty Of this state, by certiorari, injunc-
3tion or otherwise, or by this response
to said rule waving any power or
right vested in him under the consti-
N. tuition and laws of this state, submits
the following reasons why the court
4 should not take further cognizance Of
the application for writ Of certiora-
ri made upon the petition Of the re-
lators, J. M. Rawinson, Jos. B. Wy
~ lie and John Black.
.& "First. Because as governor of
a,tthis state and as the chief magistrate,
Yin whom is vested the supreme exc
5eutive authority Of this state, he is
Ynot subject to the mandate, direction
Nor control Of the judiciary in the dis
'Sseharge of any duty, or to the exercise
GSf any power pertaining to his de-
I sspartrnent II ksthe government, but is
& :Eamenahp &1lone in the discharge Of
AShis K. 4es and in the exercise of his
S$sY;~ IFS to the people Of South Caro-
aAs "Second. Because under the con-
Etstitution separate, distinct, co-ordi-
Rhate and coequal officer cannot be
sasade nor obliged under the. penalty
3 soN contempt, to obey the order or
fmandate Of his coequqal and co-ordi-
! Vatain any manner whatever concern
nGsliis executive duties.
Third. That writ of certiorari
NnaySbe used by a superior tribunal
only to an inferior tribunal, or officer,
and the Judiciary department is with
,ut jurisdiction to direct or control
athe action Of lbs coordinate and CO.
equal, the governor Of the state of
Carolina, by such writ or pro-
Y.cess. ..gg.- ..
~ AL Of which is respectfully sub
united for the consideration of this
court. '...,.
a
y "Martin r. Ansel, -
Governor of. the state Of South Car
olina.'' 49,. '.
The return was read by Attorney
eneral Lyon, who then proceeded to
kgue the case from that standpoint.
was followed by Mr.. w. T. Ay-
k, attorney for j. M. Rawlinson;
n$by J. E. Macdonald, attorney
JOS. B. Wylie; then by Mr.. w. B.
per, attorney for John Black. The
80 tant attorney general, Mr.. M. p.
3phl, rplied for the governor.
ling the progress Of the hearing
ate Justice Woods and Asso-
lstice Jones, both asked ques-
bring out certain points, and