The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-03-11
GOV. BLEASE CALLED DOWN.
Judge Ernest Gary Assigned to Hold
Court.-GOVcrnor Blcasc States His
Position.

Georgetown county court between the
supreme court and Gov. Blease was
brought TO an end yesterday when
Ernest Gary, a disengaged circuit
judge, was assigned by Chief Justice
Jones to hold court in that county
commencing on March 20.
Walter Hazard Of Georgetown had
been indorsed by the Georgetown
County Bar association to the supreme
court for special judge.
Gov. Blease said yesterday that the
name Of Walter Hazard was included
in the list of "eligihles." that he had
not announced, in fact, it was the
next name on the list that he had
promised To furnish. The Endorsement
was sent several days ago to the chief
justice. However, Gov. Blease said
that he would commission Mr. Hazard
should his name be presented by the
supreme court.
Another special judge development
was the recommendation by the chief
justice OF f. l.. Wilcox of Florence
u be commissioned TO hold the Flor
ence county court commencing next
Monday.
The following letters which throw
additional light upon the controversy
with reference to the special judge for
Horny county, betw cen the supreme
court and Gov. Blease are published
today for the first time. The letters
have not yet been given out by the
chief executive.
81 am in receipt Of your letter OF
February 2S,. in which you give list
Of 22 lawyers whom YOU suggest as
qualified and competent to serve as
special judge, and in which you eX-
press Willingness to furnish other
names If those suggested are not by
me deemed worthy to serve.
Il shall not cali upon you, governor.
To furnish any such list and regret
that you have troubled yoursef with
matter beyond the scope of your
executive powers"
This letter was dated March |.
The following is another letter ad-
dressed by Chief Justice Jones to Gov.
Blease on February %:
Being advised that Judge j. c..
Klugh, because of illness, is unable
to hold the regular court Of common
pleas and general sessions for Horny
county, commencing February 27, TO
which he was regularly assigned, and
there being no other circuit judge dis
engaged. pursuant to section 2,743
code of law. | respectfully recommend
that you issue a commission to c. p.
Quattlebaum, Esq, learned i'm the
law, as special judge to hold said
court"
This letter was ignored by Gov.
Blease.
Il am still Of the opinion that the
act is unconstitutional and / regret
that the Davis negro's fate happened
TO come in at this time, for If it had
not been for this controversy, / am
satisfied that this question would not
have been lugged into the case"
This critical statement was made
of the supreme court by Gov. Blease
in announcing his position as to the
commission Of special Judges.
Gov. Blease defines his position as
TO the commission of special Judges
as follows: my position, in the spe-
cial judge appointments is, that where
a regular judge is disengaged Chat IS
not holding courD the supreme court
shall designate the disengaged Judge: :
but, here there is no regular Judge
disengaged. then, under the constitu-
ton. ii is clearly the duty of the gov
ernor TO appoint and commission. In
my opinion, the act of the legislatures
saying that the governor shall ap-
point upon the recommendation Of the
chief justice. is clearly unconstitu-
tional. This was my opinion. as ex-
pressed i'm my two messages upon this
subject to the general assembly.
The decision i'm the Davis case docs
not i'm the least alter or change NV
opinion or my views. | am still Of
the opinion that the act Is unconsti-
tutional and | regret that the Davis
Negroes fate happened t. come i'm lust
AT this time, for If it had not been
for this controversy, l am satisfied
this question would not have boon lug
r"d into tn" case. The issue there he
ing. not rs To the appointment of the
judge, for that was clearly regular.
as n" had been appointed and com
miSeioucd bv the governor: hut. the