The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-02-07
Give HIS Side
Major Caldwell Issues Statement Con
cerniug His Position

in ]UDGESHlP MATTER
He Says His Course Will be Cou-
trolled by the Attitude Of tho Co
lumbia Bar-Wou1d Not Serve i'm.
less Agreeable to the Members
Of It.
Major James F. J.. Caldwell, Of
Newberry, who was appointed by
Governor Blease to hold the ap-
preaching Common Pleas Court for
Richland county, the appointment OF
Major Caldwell followed the recon-
mendation Of Ex-Attorney General
Ray by the Supreme Court, calling
forth spirited letter from Governor
Please to the Court, gave out the
following statement on Friday in
reference to- the matter. In q calm
and dispassionate statement, pour
ing oil on the storm-tossed: waters
between the executive and the jn-
dicial departments. Major Caldwell
says:
Governor Blease called me by tel
ephone about noon on Wednesday,
the list instant, and, on my answer
ing, inquired If I would consent to
hold the term of the Court of Con-
mon Pleas for Richland county, to
begin on Monday, the 9Th instant.
replied that I was willing to hold
that court, but added that would
not do 80 unless the appointment was
acceptable to the local bar. To this
he replied that it was all right
CT to that effect; and after saving
some words by way of kindly thought
Of me, he ceased to speak. His man
ner indicated to my mind that he
wished only to ask IL it would suit
me to hold the court. I was left
to conjecture, whether the bar Of
Ilichland desired me, or whether they
desired some other person. I had
no means of knowing whether the
Tar had taken any action, or wheth-
er the Justices of Supreme Court
had made a recommendation to ap-
point some one to hold the Court: or
whether if that Court had applied
TO him to- make an appointment, it
FAD recommended any particular
person for the appointment.
wrote Governor Blease,, very
soon, letter. saying that I was
willing to hold the. Court, provided,
either that the Bar of Richland de-
sired me, or that they had made no
other choice. I was surprised to see
In the papers that I had been ap-
pointed to hold that term Of Court.
And have been more surprised to
read, in, the papers that have been
commissioned to preside in that
Court. Governor Blease is inaccu-
rate in saying that I have been COM
riissioned. The Secretary Of State
sent me, by mail received yesterday
morning, the End, communication
tc the effect that had been appoint
led, and that on my sending to him
(the Secretary of State) the oath on
the back of his comm unication, made
q sccording to law and in proper
form, I should receive my commits
sion. a
T have not made the oath re-
CURED, and I have not receive a COM
mission. ~.
A few minutes after hearing Gov
ernor Blease over the telephone. I
wrote a letter to R. W. sshand, Esq,
and letter to P: H. Nelson, Esq;
both Of the Columbia bar, In each Of
which letters I stated the terms on
which would accept the appoint
ment. had an answer from Mr.
Shand last night. I have not heard
from MT. Nelson.
wrote Chief Justice Jones per-
sonal letter yesterday. He Is at lib
erty to give it such circulation as he
may see fit.
/ did not know until yesterday
tlat Mr. Ray had been selected by
the Bar of Richland to preside over
the Court, or that his appointment
had been recommended by the Su-
preme Court.
Personally, It does not matter to
me whether I hold that Court or not.
do not need pecuniary profit from
that source, or from any other
snurce-and as matter OF fact,
with my way Of living, I should not
expect to gain dollar beyond my
expenditure. And I have written
Chief Justice Jones, II have passed
teyond that period of life when d
man need care for glory
I do not deem it properly for me
10 discuss the legal aspect of the
case. I think it still less proper for
me to say one word about the per-
snnal-or partly personal-oontro-
versy 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 I could
&c nothing. They might continue
every case. Or, if should undertake
+a try naca r and a11 Othar OerSOnS