Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1911-03-08
ANOTHER CLASH IS IMMINENT.
Blcnsc May BE Mandamuscd to Com
mission Hazard as Special Judge.
columbia Record. 6th.)


columbia Record, 6th.)
Governor Blease. asked Monday as
to whether reports from Florence, to
the effect that he had submitted to
| the Supreme Court a list of attorneys
whom he was willing to commission,
upon the courts recommendation as
special Judges, said that the list as
published was for the most part cor
rect: but" he added, "of course
they had to lie a little on me to make
it interesting"
Governor Blease furnished, upon
request, a copy of his letter, as fol-
lows:
Hon. Ira B. Jones, Chief Justice,
Lancast ster.-Dear Sir: | would re-
spectfully suggest to you the follow
ing named gentlemen. members of the
bar of South Carolina, who are quail
fed. competent and well enough
learned in the law to hold any court
that may be held or will have to be
held in this State:
w. N. Graydon, Abbeville: John e.
Breazeale, Anderson: Arthur Best,
and G. G. Simms, Barnwell; w. p.
Pollock, Cheraw; II. B. Butler, Gaff-
ney; G. w. Brown, Darlington, Sam'l.
MCGOWAN Simkins, Edgefield; G. w.
Ragsdale, Florence: J. NJ. Cannon,
Laurens; Thos. G. Mcleod and B. Il.
Kelly, Bishopville; IT, I. Rogers, Ben
nettsvlle; +. l.. Bynum, Nv. berry;
Thos. II. Brantley. Orangeburg; S. j.
Nichols, Spartanburg; w. b. Wilson,
ST.. Rock Hill; Jas. p. Carey, Jr.,
Pickens; Jas. e. Peurifoy, Walter
horo; Leroy Lee, Kingstree; Robert
II. Welch, Columbia; r. o. Purdy,
Sumter
There are many other names which
| could furnish YOU, and which l will
Ge pleased to furnish if there are
none on this list which you think are
WORTHY Of at some time being a spe-
clal Judge. Very respectfully,
Cole l.. Blease Governor.
Arothcr Clash Imminent.
Another clash between the Cover
nor and the Supreme Court IS now i'm
minent, for the Georgetown bar has
suggested to the court the designa-
ton Of Walter |. Hazard, of George
town, as special judge, to preside
over term Of the Georgetown county
court soon to be convened. Mr.. Haz-
ards name does not appear on the
Governors list Of ''eligibles," and it
remains to be seen whether Governor
Blease will refuse to commission him
in case the court recommends his an
pOintment.
In the decision handed down Satur-
day, the court held that the commits
SlOnlng OF citizen, whom the Su-
preme Court might recommend for
special Judge, was an act purely min
| iSterial, the performance of which is
obligatory upon the Governor; he can
| no more withhold the commission
than he can refuse to commission an
| officer elected by the General Assem-
bly,.
Mnndamus May Issue.
Should the Governor in the face of
this decision, decline to issue a COM
| mission to Mr.. Hazard on the court s
recommendation, there would be pre-
Sented, suuareiy, the question whe-
| ther the Supreme Court can man
damus the Governor to perform a
ministerial act. In it's decision Of
Saturday there is the intimation that
| IN such event the writ of mandamus
! would issue; but the court intimates
also that with issuance Of the writ
the court would stop. In the Ian
guage Of Justice Taney, quoted by
the court, "the judiciary" would then
have exhausted itself" This would
relieve the court from the necessity
OF actually coercing the Governor,
but would lay on him the onus Of nom
obedience to the solemn command Of
the States highest tribunal, in which
is vested by the people the ultimate
| right Of constituting the law, the Gov
ernor also being bound by law to sup
port, uphold and defend the law as
by the court interpreted.
Circuit Judge Ill.
The need of n SDecia] iudpe at
Georgetown arises from the same cir
cumStances as that which caused the
request for a special judge in Horny
the illness Of Hon. J. G. Klugh, Of
Abbeville, the circuit Judge who was
| to have presided over the courts of
that circuit this spring
Governor Bleasc is quoted as hav-
ing declared that Judge Kiugh ought
| to resign.
IF you have trouble in getting rid