The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-12
GOVERNOR ANSEL
VOTED PROMPTLY
AFTER HEARING ARGUMENTS
OVERRULED DEMURRER.
Gave the State Boards Attorneys
Only Ono Day to File
Aftidavits.

The State, 9th.
At the conclusion Of the argument
in the hearing yesterday with refer
cncc to the removal from Office Of tho
lispensary directors, Gov. Ansel
said:
CT am satisfied, gentlemen, that in
this matter l am not bound by the
provisions of section 18, of article l
of the state constitution, from hear
ing the matter without submitting the
same to jury or a referee. That pro-
vision was intended for trials III the
criminal courts Of the state. In all
my experience as lawyer, for more
than 80 years, all rules to show cause
have been heard in court by af1i-
davits.
"In this matter l had copies Of the
testimony and the report Of the spe-
cial committee of the legislature scrv-
ed on the respondents in order that
they might know that the same would
be used in the hearing. The demurrer
is overruled and the hearing is con-
tinucd until II o'clock tomorrow
morning, when the respondents may
file such aifidavits as to the facts Of
the case as they see proper and the
arguments on the facts will be heard
There was no time spent III prciml-
nary proceedings and the hearing was
started at noon. Mr.. w. u. Aycock
of the firm of Weston & Aycock, rep
rcscnting Chairman Jodic NJ. Raw
linson. read the return of the dcfcnd-
ants to the rule to show cause why
they should not be elected from Of
flee. He then argued briefly on the
facts Of the case as they appear to
the accused.
FIe denied that the law prohibits
the dispensary from carrying stock
in excess of $400,000 There is no such
law. particularly of criminal and
penal nature. At any rate stock
Of $4OO,O would " entirely too
small for il concern with an annual
business Of $3,000,000.
As to the price paid for the Clark
liquor. the attorneys were prepared,
he said, to prove that they paid The
market value and no more and that
the "goods' are worth the price paid.
Tie nrrroscd to show further that the
board alone has discretion and au-
thority in making purchases, and
county dispensers have n" right to be
forcing upon the board liquor which
for some reason they might PREFER
The attorneys would show further
more that the board had made earnest
effnri to keep the dispensary suppE-
ed. Many houses had been blacklist
cd by the former investigating COM
mittee and others had refused credit
to the state dispcnsary. In the last
place they would enter sweeping
denial Of the charge of misconduct.
Mr.. McDonald's Argument.
Mr.. j. e. Mcdonald Of Winnsboro
followed with n very clear argument.
He was solicitor Of the sixth circuit
Is years ago when Gov. Ansel was
solicitor Of the "fighting cighth'
and they are acquaintanccs Of long
standing. In the outset Mr.. McDon-
aid made very adroit argument
that his exccllency was sitting IN
judicial capacity, that this hearing
was in every respect court and that
there was a very grave case on trial.
"Your exccllency would not condemn
these men, he said, "without giving
them the opportunity to prove the al
legations in their return to the rule
to show cause.
"In the rule they are accused OF
violations of criminal statutes. II 1t
be true that they violated criminal
statutes, it is the duty Of the attor-
ncy general to prosecute them; and
even in such a case they should not be
removed from office, for their case in
court would be prcjudiccd by the fiat
Of the executive that they had violat-
ed thcir clli"ations as public officials
and they would not stand in the pro-
per LIGHT before the jury.' He then
ar"url fer an extension Of time in
order that they might submit testi-