The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-15
COY. ANSEL CITED
BY JUDGE JONES
MUST PRODUCE RECORDS ON
WHICH HE EJECTED BOARD.

/ WHICH He EJECTED BOARD.
Lawyers for Accused Appeared Be-
fore Judge Jones at Lancaster and
Secured Write Of Certiorari.
The State, 18th.
The directors Of the state dispen-
sary refuse to be ousted. After hav-
ing given them every opportunity to
prove that they had been accused
falsely by the general assembly Of
South Carolina, Gov. Martin +. Ansel
thought it proper to eject these men
from the offices of trust to which
they had been elected. Yesterday their
attorneys appeared in Lancaster be-
fore Judge Ira B. Jones, associate
justice of tho state supreme court,
aud prayed for writ of certiorari to
be issued directing Gov. Ansel to pro-
duce the record before Judge Jones
The motion was granted and Judge
Jones has decided to request the at
tendance Of the other members of the
supreme court when the return to the
writ is to be made next Tuesday in
this city.
There is some question as to the
legality of the proceeding before
Judge Jones rs the attorneys repres-
enting the elected directors have had
no official written notice to the ef-
feet that their clients had been oust-
ed. The notification from Gov. An
sci was not turned over to the attor-
ncy general until yesterday morning,
although action was taken in the case
Saturday before 2 O'Clock. When
Sheriff Coleman and his deputies
tried to find some Of the parties yes
tcrlay to serve the notice upon them,
there were none in The city to accept
service. Yesterday afternoon he sent
Deputy w. S. Green to Congarcc with
paper to serve on til ex-chairman,
Mr.. Rawlinson. This was after the
hearing at Lancaster.
OF that proceeding the Lancaster
correspondent Of The State wired rs
follows yesterday:
"Messrs. j. T.. Mcdonald and w.
n. Aycock, attorneys, appeared before
Associate Justice Ira B. Jcncs at this
place this morning at 10 0 o'clock with
petition verified by John Black, Joe
B. Wylic and j. NJ. RawlinSon, ex-di-
rcctors of the state dispensary, pray
ing that Il writ Of ccrtiorari be direct
ed to Martin +. Anscl rs governor OF
South Carolina, directing him to certi-
fy to the supreme court the whole re-
cord Of the proceedings had before
him, etc.
"rhe petition, which is quite leng
thy rectes the proceedings in detail
had before Gov. Anscl, emphasizing
that the report Of the joint Investigate
ing committee was an cX parte pro-
ceeding. That the governor should
have given the attorneys for the ac-
cuscd time to produce evidence, some
Of which was out of the state.
Gone paragraph is as follows:
"'That your petitioners are in
formed and believe and so aver that
tHc SllN NHIlIll J.. NIlScl, Sp\clilpl,
as aforesaid. in ocffcci announced
and threat tencd to execute the said or
der Of removal issued against your
petitioners as aforesaid and to eject
them from the said Office Of directors
of the state dispcnsary and thereby
deprive them Of the books and records
and the profits and emolumcntS there
Of
"To the petition is attached as an
exhibit, copy Of the testimony taken
by the committee to investigate tho
dispcnsary, and a copy of Gov. An
sci IS rule to show cause and copy
of the return Of the directors to the
rule TO show cause.
"Justicc Jones made n short order
directed to Gov. Anscl, requiring him
to show cause before him in the su-
preme court room at Columbia at II
O'Clock a. M, on Tuesday, Feb. 10,
1907, why the writ of ccrtiorari as
prayed for in said petition should not
be granted and further ordered that
in the meantime all further proceed