The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-15
Two
the other members of the court to
hear; the matter with him. ~ =
.w%%G# Gov, Ansel Smiles. E.

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concernedly. He was not at all sur
prised, however. He is old enough in
the practice Of criminal law not to be
surprised at any move made by law
yers. Attorney General Lyon also saw
the telegram from the correspondent
Of The State. He had nothing to say,
except that he would respond to the
orders Of Gov. Ansel in the matter.
A number of the Legislators who
had heard Of the proceedings in Ian
caster commented upon the singular
position in which the case will be.
There will be no state dispensary next
Tuesday and no state board, unless
Gov. Anscl should not sign the act by
that time. 1t is probable, however,
that there will be no state dispensary
de jure and no directors de facto at
the time appointed for the return be-
fore Associate Justice Jones.
Gov. Ansel has not yet instructed
Attorney General Lyon to prosecute
the elected directors. This matter he,
yet has under advisemcnt. He has
not recommended to the legislature to
select successors to the parties remov-
ed, but he did communicate his action
in the matter in the following special
message to both branches Of the gen
eral assembly:
Gentlemen: Your resolution in re-
ference to the board of directors of
the state dispensary was delivered to
me some days since and I thereupon
after hearing arguments upon the
question issued rule and had it serv-
ed upon the members Of said board,
to show cause before me on Friday
last why they should not be removed
from office.
81 heard the answer to the rule
and argument on Friday last from the
attorneys representing the members
Of said board and again OH Saturday,
and | being satisfied Of my authority
under the constitution and being sat-
isfied that sufficient cause had been
shown to warrant my removing the
said officers, I did on the 9th Of Feb
ruary, A. d. 1907, remove J. NJ. Raw
linson, Joseph B. Wylie and John
Black from the Office of directors of
the state dispensary.
"Respectfully submitted
"M. f. Anscl,
"Governor.
Mr.. j. f. Mcdonald returned from
Lancaster last light and filed with
the clerk Of the state supreme court
a copy Of the order signed by Judge
Jones rs well rs Il copy of the pcti-
tion presented by the attorneys to
Judge Jones.
The petition is principally a re-
hash of the facts known to all of the
readers of the state. 1t is alleged
that this is entirely ex parte evidence
upon which the directors were remov-
ed, because they were not allowed to
have attorneys present to advise them
how to testify and to cross-cxamine
those who testified against them.
They also allegc that the time allow
Ell them after the rule to show cause
was 1"" brief for them to procure
their witnesses and to collect the
proof I" present to the governor. 1t
may be recalled that Mr.. Lyon relied
more upon the books Of record at the
state dispcnSary than he did upon
spoken testimony.
The order Of judge Jones is as fol
lows:
Upon the hearing of the verified
petition of the petitioners. j. VI. Raw
hnsnn, John Black and JOS. Il. Wvlie,
copy Of which is 10 he served upon
You, YOU are hereby required to show
cause before me. if any Won can. in
the supreme court room at Columbia.
:. e.. at II o'clock a. m.. Tuesday,
the l9th day of February, 1907. why
the writ Of certiorari as prayed for in
said petition should not be granted,
and it is further ordered that in the
meantime all further proceedings in
the sand matter referred to in said
petition he and the same are super
scdcd and stayed until further order
thcrcof.'
This order means that the governor
Is cited I" produce the records to be
reviewed. and the supreme cour, af-
ter reviewing" tn" case may decide up
on the correctness of his action in the
matter.
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