The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-08
GOVERNOR WILL HEAR
THE ARGUMENT TODAY
DISPENSARY BOARD rs REQUIR-
ED TO SHOW CAUSE.
Why They Should Not Be Removed
From Office-The Charges and
Specifications.

According to appointment, Mr.. j.
E. Mcdonald of Winnsboro, repres-
enting Director Joe B. Wylie, appear
ed before Gov. Ansel at noon on
Tuesday, says the Columbia State,
and argued the point which he raised
few days ago, viz: that the governor
has not the right to remove without
first giving notice to the accused that
they must show cause why they should
! not be elected from office.
Mr.. j. Fraser Lyon, attorney gen.
eral, was also present. Mr.. Lyon Of
fered no objection to the point raised
by Mr.. Macdonald. The latter did not
refer to the matter of the governor
finally exercising the right to remove
for cause, but the discussion was as
to the modus operandi. Mr.. Mcdonald
claims that there is nothing in tho
constitution of 1895 or in the statute
law providing the method of removal
and therefore the matter falls back
upon the common law. In the COM
mon law the course is for notice to
show cause to be issued and for the
accused to make response on the day
set and, if they should not prove
their ease, then the order Of removal
from office should issue.
Mr.. Mcdonald supplied great
many quotations from court decisions
to prove his contention. His views as
to the legal status were not opposed
by Mr.. Lyon, who suggested to Gov.
Anscl that the matter should take the
course suggested.
Gov. Ansel, who had already given
careful investigation into the law,
announced that he would comply with
Mr.. MacDonald's request and would
issue the writ requiring the board to
show cause why they should not be
removed from Office. The rule is re-
turnable Friday at noon and it is un-
.dcrstood that the attorneys for the
members of the board will be here on
that date with arguments against the
removal. Mr.. w. b. Grubcr of Collc-
ton, is representing Director John
Black, his brothcr-in-law.
Mr.. Wylic was served with copy
OF The order. He expressed no feel
ing except TO have the matter brought
, to finality at once.
In the course Of his argument
Mr.. Macdonald was outspnkcn
in dcnouncing the state lisprnsary.
He did not hesitate to declare his be-
lief that ii should be abolished.
This matter came up in the discus
sion of the day on which the parties
accused should make return through
their attorneys. Mr.. Mcdonald refer
rcd to the pending legislation in the
senate as all the more reason why
this matter should be closed up before
the general assembly adjourned.
lie referred TO the absence from
4 he state Of some Of the parties con-
"crncd A"l intimaicd that they might
care to bring some witnesses here
from beyond the border of the state.
II IS evident that the hearing is mere
~ to t"sin Friday at noon. The TAX
ING of evidence and the hearing Of
arguments may consume several days.
ATTORNEY General Lyon, upon tho
decision Of Gov. Ansel being announc-
ed, prepared the charges and specifl-
cations which were signed by Gov.
Anscl last night and copies served on
all the members. -.
There is some talk that Commits.
sioner Tatum is as subject to removal
from office as the members Of the
board, for even after he knew of the
alleged unlawful purchase of whis-
key, he ordered the clerk to pay $780,
600 fer some Of it. The commissioner
is bonded, the members Of the board
are not. The commissioner is more
explicitly subject to the orders of the
governor than arc the members of
the board
Charges and Specifications.
Following are the charges and spc-
cifications made by his excellcncy,
Martin +. Anscl, governor Of South
Carolina, and served upon Jodc M.
Rawlinson, Joe B. Wylic and John
Black, directors Of the dispensary: