Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-03-07
TUESDAY, MARCH 7, 1911.
SOUTH CAROLINA NEWS.

Spartanburg, March A. Malcolm E.
Bowden, one Of Gov. Blease's ap-
pointees as magistrate for Spartan
burg, made formal demand on Magis-
trate Kirby this afternoon for the
books and records Of his Office and
was turned down by Maj. Kirby, who,
though S3 years of age and magis-
trate for a quarter of century, says
he is not ready to quit just now.
Some time ago Major Kirby stated
that he would resign about June 1.
Bowden says the next move will be
made by Gov. Blease himself. Major
Kirby's friends say the governor will
not be able to remove him without
cause and they know of no cause why
he should not continue to hold office.
Governor Blease has sent to the
members Of the supreme court list OF
lawyers that he Is willing to appoint on
their recommendation. The list is as
follows: Leroy Lee, Kingstree; w. P.
Pollock, Cheraw; S. Meg. Simpkins,
Edgefeld; George w. Brown, Darling
ton; ]. E. Breazele, Anderson; Thorn
as G. Mcleod, Bishopville; T. I. Ro-
gers, Bennettsville; w. E. Graydon,
Abbeville; Arthur Best, Barnwell;
Charles Carroll Sims, Barnwell; T. B.
Butler, Gaffney; G.. w. Ragsdale,
winnsboro; ]. NJ. Cannon, Laurens; B.
F. Kelly, Bishopville; Thomas F.
Brantley, Orangeburg; ]. P. Carey, Jr,
Pickens; J. F. Puerifoy, WATERFORD;
r. H. Welch, Columbia; r, o. Purdy,
Sumter.
Columbia special of March 8, to
News and Courier: The dispensary IN
yestigation act has not yet been sign
ed. II is believed by some that Gov.
Blease will veto the measure provid-
ing for a commission to investigate
the acts Of the state dispensary wind
ing-up commission. Several days ago
the commission sent it's answer to
Gov. Blease, in which every question
propounded by the governor, in a let
ter asking for information, was an
swered thoroughly, showing beyond
doubt that there had been no 1rregu-
larities in the work of the body. Short
" after going into office Gov. Blease
sent a message to the general assem-
bly,, in which he intimated many dark
actions on the part of the commission,
and requested that rigid investiga-
ton be made of every act OF the body.
Upon the receipt of this message the
commission sent letter to the general
assembly, asking for the investigation
and asking that the light be turned on.
The general assembly complied with
the requests of the governor and the
commission, and a measure was adopt
ed providing for a commission from
the legislature to make the investiga-
ton. The measure was sent TO the
governor for approval. He held 1t up
and said that he would not sign 1t un-
til he received certain information.
BY taking this action he delegated
himself as kind of investigating COM
mittee. The committee from the SEN
ate to make the investigation was ap-
pointed by Charles A. Smith, the pres
ident of the senate. NJ. L. Smith, the
speaker of the house, declined to ap-
point the committee from the house
until the act had been signed.
The supreme court, in a decision
handed down last Saturday by Chief
Justice Ira B. Jones, emphatically
states that the governor cannot under
the statutes appoint special judge
save upon the recommendation of the
supreme court, through the chief JUS
tice thereof. The whole discussion or
whether the chief executive Is free
from the judicial department OF the
government in this matter Is renewed
in the opinion which goes back to the
constitution and the statutes pursuant
thereto for authority. In the especial
case that was before the court, there
was not involved the question OF the
governors being limited to the su-
preme courts recommendation to ap-
point a special judge" but the court,
in taking up the main question IN the
case incidentally goes into that ques-
tion which so moved the general as
sembly at its recent sitting, and caused
a serious breach between the highest
court of this state and Gov. Cole L.
Blease on at least two occasions. In
brief. the decision in the case of the
state against James Davis gives the
governor authority to order special
terms of court upon the request OF the
solicitor of the circuit when public
policy so demands 1t. This has been
done many times in the last seVeral
wears by former Gov. Ansel, who was
usually very careful about the law. In
the Davis case the exception was that
the governor could not order the spe-
cial term. The supreme court rules
that the governor can order speclai
term, but cannot name the speclal
Judge except upon the recommendation
of the chief justice of the supreme
court. James Davis of Laurens, lost
his appeal to the supreme court and
having been already convicted of muir
der and sentenced, he will be hanged
soon. He was tried at the summer
term of court, 1910, for the killing OF
Ida Nelson on March 81. Claude Fer
guson was indicted at the same time,
but Davis was tried alone.