Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-07
Miseellansolls Rsadins.
THE SPECIAL JUDGE INCIDENT.
Major Caldwell Of Newberry, Makes a
Statement.
Greenville News.

Statement.
Greenville News.
| Newberry, Feb. 3.-Major James F.
]. Caldwell, who was appointed by
Governor Blease to hold the approach
ing common pleas court for Richland
county, followed by the recommends
ton of ex-Attorney General Ray by the
supreme court, calling forth a spirited
letter from Governor Blease to the
court, today gave a statement to your
correspondent in which he says that
so far as he Is concerned, the matter is
entirely with the Richland bar, and
that his course will he determined by
the action that bar may take.
Major Caldwell Is a son of the late
| distinguished Chancellor Caldwell, and
| has been recognized as a lawyer of
high native ability, developed and
rounded out and cultured by study and
training and love Of the nice distinc-
tions and questions constantly con-
fronting the profession, to be solved by
/
battalion in McGowan's brigade in the
great war between the states, and is
the author of history of the brigade.
He has proved his boundless love for
his state, and he Is today one Of her
most distinguished sons.
In a calm and dispassionate state
ment, pouring oil on the storm tossed
waters between the executive and the
judicial departments, Major Caldwell
says:
Governor Blease called me by tele-
phone about noon on Wednesday, the
1st instant, and, on my answering in
quired If I would consent to hold the
term Of the court of common pleas for
Richland county, to begin on Monday,
the 9Th instant. I replied that I was
willing to hold that court, but added
that would not do so unless the ap-
pointment was acceptable to tic local
bar To this he returned that was
all right-or to that effect; and after
saying some words by way of kindly
thought of me, he ceased to speak. His
manner indicated to my mind that he
wished only to ask If it would suit me
to hold the court. was left to con-
lecture, whether the bar Of Richland
desired me, or whether they desired
some other person. I had no means Of
knowing whether the bar had taken
hat hn i,,o nf Ia
supreme court had made a recommen-
dation to appoint some one to hold the
court, or whether it had recommended
any particular person for the appoint
ment.
I wrote Governor Blease, very soon
letter, saying that I was willing to
hold the court, provided, either that
the bar of Richland desired me, or that
they had made no other choice. l was
surprised to see in the Record, that
evening, that had been appointed to
hold that term Of court. And l have
been more surprised to read, in the
newspapers, that I have been commits
stoned to preside in that court. Gov
ernor Blease is inaccurate in saying
that / have been commissioned. The
secretary of state sent me, by mail, re-
ceived yesterday morning, the End, a
communication to the effect that l had
been appointed and that on my send
ing to him, (the secretary of state) the
oath on the back of his communica-
ton, made according to law and In
proper form, should receive my COM
mission.
1 have not made the oath required,
and l have not received a commission.
A few minutes after hearing Cover
nor Blease over the telephone, I wrote
letter to R. w. Shand, ESQ.,, and a
letter to P. H. Nelson, ESQ.,, both of the
Columbia bar, in each of which letters
stated the terms on which l would
accept the appointment. had an an
swer from Mr.. Shand last night. I
have not heard from Mr.. Nelson.
wrote Chief Justice Jones person.
al letter yesterday. He Is at liberty to
give it such circulation as he may see
fit.
l did not know until yesterday that
Mr. Ray had been selected by the bar
Of Richland to preside over the court
or that his appointment had been rec
commended by the supreme court.
Personally, it does not matter to me
whether hold that court or not. do
not need pecuniary profit from that
source, or from any other source-and
as a matter of fact, with my way OF
living, I should not expect to gain
dollar beyond my expenditure. And l
have written Chief Justice Jones, L
have passed beyond that period of life
when a man need care for glory
do not deem it proper for me to dis
cuss the legal aspect of the case. l
think it still less proper for me to say
one word about the personal-or party
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 1 could do nothing
They might continue every case. Or,
if l should undertake to try case,
and all other persons must feel uncer-
tain what l could decide. The protest,
"coram non judice," might be raised at
any moment, from the beginning to the
end of any trial in the circuit court.
and in the supreme court. And 1 Will
never consent to hazard the right OF
litigants by my doubtful claim to OIL
flee.
Governor Blease may have been
precipitate to act, and not entirely
courteous towards the supreme court;
but it is not for me to censure my
friend who sought to do me honor and
who, l am sure, thinks that he is eX-
ercising authority given him by the
constitution and the statute law of the
state. Nor have l anything to say
against the justices of the supreme
court. l have no doubt that they nave
done just what they thought they ought