The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-08
SPECIAL JUDGE ROW.
MAJOR CALDWELL ISSUES STATE
MENT.
Says He Would Not Serve as Special
Judge II by 50 Doing IL Would Give
Offense to the Richland Bar-Did
Not Seek the Honor.-From Messrs.
Blease and Shand.

]. Caldwell, who was appointed by
Governor Blease to hold the ap-
preaching Richland court, pours oil
on the troubled waters separating
the executive and judicial depart
ments In a calm statement issued to-
day. In which he states that so far as
he Is concerned the matter rests en-
tirely with the Richland bar. Major
: Caldwell has long been recognized as
one OF the States leading lawyers and
no Is a son who has proved his de-
voted love for South Carolina. The
statement of Major Caldwell follows;
II have not made the oath required.
and i have not received a commits
sion. A few minutes after hearing
Governor Blease over the telephone,
wrote to X. w. Shand, Esq. and a
letter to +. III. Nelson. Esq. both Of
the Columbia bar. in each of which
letters / stated the terms on which
would accept the appointment.
had an answer from Mr.. Shand last
night. 1 have not heard from Mr..
Nelson.
II wrote Chief Justice Jones a per-
sonal letter yesterday. He is at lib
erty TO give II such circulation as he
may see fit. did not know until
yesterday that Mr.. Fay had been Sc
lected by the tar OF Richland to pre-
side ever the court or that his ap-
pointment had been recommended by
the supreme court. Personally, 1t
does ont matter to me whether 1 hold
that court or not. I do not need pc
cuniary profit from that source. CT
from any other source and as a mat.
ter of fact. with my way of living
should not expect to gain a dollar be-
yond my expenditure. And 1 have
written Chief Justice Jones. 4 have
passed beyond that period OF life
~hen a man need care for glory
do not deem II proper for me TO dis
~>n>< che LEGAL aspect OF the case. i
think " still less proper for me to say
one word about the personal or partly
personal controversy between the
chief executive and the supreme
court. The crux OF the case--the
point on which the matter hinges
Is To me. the wish OF the Richland
bar. Without their cooperation /
could do nothing. They might con-
tinue every case. Or II / should un-
Ndertake TO try a case. I and all other
persons must feel uncertain what 1
could decide. The protest 'eoram non
judice' might be raised at any mo-
ment from the beginning to the end
OF any trial In the circuit court and i'm
the supreme court. And / will never
consent to hazard the rights OF litl-
gants by my doubtful claim to Office.
Governor Blease called me by
telephone about noon on Wednesday.
the LIST instant. and on my answering.
inquired IL would consent TO hold the
term OF the court OF common pleas
for Richland county. TO begin on Mon-
day. the 9Th instant. replied that
was willing 10 hold that court. but
added that / would not do so unless
the appointment was acceptable to the
local bar. To this he replied that II
was all right-or to that efrect-and
after saying some words by way of
kindly thought OF me. ne ceased to
speak. His manner indicated to my
mind that he wished only to ask IL IL
would suit me to hold the court.
was left To- conjecture whether the
bar OF Richland desired me or wheth-
er they desire some other person. l
had no means OF knowing whether
that bar had taken any action or
whether the Justices OF the supreme
court had made recommendation to
appoint some one To hold the court or
whether. u that court had applied TO
him % make an appointment. II had
recommended any particular person
for the appointment
II wrote Governor Blease very soon
a letter. saying that ] was willing to
hold Thc court. provided either that
the bar on Richland desired me or
that they had made no other choice.
was surprised In Tho Record that
evening that ! ha' hccn appointed to-
hold that tenn at court. And /
have been moro SURF riscd To read
commissioned % preside an that
court.
Governor Blcose Is inaccurate In
saying that I have been commissioned.
The secretary OF State sent me by
mail. received yesterday morning. the