The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-03-14
W AR TO THE END
Magistrate Kirby Writes Governor Blsase
Be Will Not Give Up.
MAKES A PRETTY MESS

The Governor Tells Bowden, His APP
pointee, to Sit Tight, and That He
Will Attend to the Matter "At the
Proper Time and in the Proper
Way"
Having been appointed for two
years or until my successor Is ap-
pointed by and with the consent of
the senate, regret that, under the
| existing circumstances, do not feel
authorized or duty bound to surren-
der the office Of magistrate" said
Mai. August H. Kirby, magistrate at
Spartanburg, in a letter which he
wrote Gov. Cole l.. Blease Friday
in answer to the executives letter in
forming him that his commission was
null and void.
"Go ahead and perform your du-
ties as magistrate, and pay no atten-
ton to Mr.. Kirby" is the advice re-
ceived from Gov. Blease by J. NAL
colin Bowden, who was appointed BY
the governor to succeed Maj. Kirby.
Another magistrate. W.. G. Harri-
son, of Readville, who was recon-
mended for reappointment by the leg
islative delegation, declines to sur
render his Office to the governors ap-
pointee, T. o. Fowler.
These were Fridays developments
! In the magisterial muddle in Spar
/ tanburg county, says The State.
Mai. Kirby's letter to the gover-
nor follows in full:
"Hon. Cole L. Blease, Governor, Co
lumbia, S. G.
Dear Sir: I am in receipt Of yours
Of the 9Th 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 Tor two
years or until my successor is ap-.
pointed by and with the consent and
advice Of the senate, regret that
under the existing circumstances, !
do not feel authorized or duty bound.
to surrenderSthe Office as magistrate.
II was prepared to turn over to my
successor the office Of magistrate, had:
he been appointed and commissioned
as the law reuires, as per civil code,
section 9S2. is.&zs go,
"You having ignored the recon-
mendations of the Spartanburg coun-
ty delegation and the senate, ! am
advised that I sht lid hold over as
legal magistrate.
"Yours respectfully, !.
"a. H. Kirby,
Magistrate"
Mr.. Bowden wrote Gov. Blease that
In compliance with the governors in
structions he had made formal de-
mand Of Maj. Kirby, in the presence
| of a witness, for the books and pa
pers of the magistrates Office ana
that Maj. Kirby had refused to give
them to him. Mr.. Bowden has re-
ceived a letter from Alexander Row.
land, private secretary to the gov
ernor, stating:
"The governor is in receipt Of your
letter of March 6 and directs me to
| l,rjcn fn a
your duties as magistrate and pay
no attention to Mr.. Kirby, that the
matter will be attended to at the
proper time and in the proper way.
"Yours very truly, j
,.. "Alex. Rowland,
! "Private Secretary"
There is considerable speculation
as to what "the proper time ard the
proper way" will be. 1t Is said that
IL the governor should now attempt
to remove Maj. Kirby "for cause" it
would be virtual acknowledgement
that he had no authority arbitrarily
to revoke the commission us he has
done.
It is expected that the matter will
be adjudicated when the rival mag
istrates present their claims for SAL
ary.
Both are doing business, but not
nearly so much as II there was no
cloud on their titles of the Office.
The other Spartanburg magistrate,
Robert ]. CAN'T, whose right to the
Office is not disputed, is being
swamped with business. Many liti-
gants are fearful that decisions or
judgments rendered by either of the
ether two might not hold.
Magistrate Harrison Of Reidville
was in the city Friday in consulta-
ton with Maj. Kirby. He was COM
missioned as magistrate in 1910 by
Gov. Anscl to fill out the uneXpired
term of R. L. Pearson, resigned.
The delegation recommended him
| for reappointment. Gov. Blease
ignored the recommendation and ap-
pointed T. o. Fowler magistrate. Mr..
Harrison has received a demand from
Mr.. Fowler for the official books. He
has declined, however, to give up the
books and is prepared to conduct all
business that may arise.
Will Lose His Job.