The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-03-15
THE MAGISTRATE WAR.
MAJOR KIRBY WRITES BLEASE
HE WILL NOT GIVE UP.
Governor sends Word That Matter
VIII be Attended To AT Propcr
Time and In Proper Way"

Spartanburg. March 1O.-"Hav;ng
been appointed for two years OF until
my successor Is appointed by and
with the consent OF the senate, 1 re-
gret that. under the existing clrcum-
stances. do not feel authorized or
duty bound TO surrender the office of
magistrate" said Maj. August II. Kir-
by in a letter which he wrote Coy.
Cole l. Blease yesterday in answer
TO the executives letter informing
him that his commission was null
and void.
60 ahead and perform your duties
ss magistrate. and pay no attention
TO MIR. Kirby" Is the advice received
from Gov. Blease by J. Malcolm Bow
den. who was appointed by the gov
ernor to succeed Mai. Kirby.
Another MAGISTRATE. w. G. Harrison
OF Readville. who was recommend,
for reappointment by the legislative
delegation. declines to surrender his
Office to the governors appointee. T.
O. Fowler.
These were today's Developments
In the magistcrial muddle In Spar
tanburg county.
Maj. Kirby's letter to the governor
follows in full:
Hon. Cole L. Blease. Governor, CO.
lumbia. 8. c.
Dear Sir: i am in receipt of yours
OF the sth inst. In which you say
your successor having been appoint
ed. your commission as magistrate is
hereby revoked and made null and
void"
Having been appointed for two
years OF until my successor Is ap-
pointed by and with the consent and
advice of the senate. regret that.
under the existing circumstances, I
do not feel authorized or duty bound
10 surrender the ONCE as magistrate.
- ~ lw>s prsparcd &C turn over & my
successor the Office OF magistrate. had
ne been appointed and commissioned
as the law requires as per civil code,
section ss2.
You having ignored the recon-
mendations Of the spartanburg county
delegation and the senate. am ad-
vised that should hold over as legal
magistrate.
Yours respectfully.
"A. III. Kirby.
Magistrate.
; Mr.. Bovden wrote Gov. Blease that
In compliance with the governors in
structions he had made formal de-
mand Of Mai. Kirby. I'm the presence
OF a witness. for the books and pa
pers OF the magistrates Office and
that Ma. Kirby had refused to give
them To him. Mr.. Bowden has re-
eeived letter from Alexander Row
land. private secretary to the gov
ernor. stating:
''The governor Is I'm receipt OF your
letter OF March and directs me to
advise you 10 so ahead and perform
your duties as magistrate and pay
no attention To Mr.. Kirby. that tho
matter will be attended to at the
Yours very truly.
ALEX. Rowland.
Private Secretary"
There Is considerable speculation
as to what "the proper time and the
proper way will be. 1t Is said that
II the governor should now attempt
20 remove Mai. Kirby FOR cause" II
would be a virtual Acknowledgement
that he had no authority arbitrarily
, TO revoke the commission as ne has
done.
IL ~ expected that the matter will
be adjudlcated when the rival mag
istrates present their claims for SAL
airy.
Both are doing business. but not
nearly so much IA II there was no
cloud on their titles To the office.
The other Spartanburg magistrate,
Robert J. CAN'T. whose right to the
office Is not disputed. is being
swamped with business Many litl-
gants are fearful that decisions or
judgments rendered by either of the
other two might not hold.
!, Magistrate Harrison Of Rcidvillc
was In the city today I'm consultation
with Maj. Kirby. lie was commits
eioned as magistrate I'm 1910 by Gov.
\Nnscl to du out the uuexpircd term
of n. t. Pearson. resigned.