The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-06-24
csvernor l',ewn Ta,rs DoHn Governor
Dlsass's Rsquisitian
FOR ATLANTA LAWYER
The Dechaon at Hearing in Atlanta
Thursday Based on Contention Of
Eelderb Lawyers that the Papers
from South Carolina Executive
Were Inadequate.

. .
Governo. Brown, of Georgia, OF
Thursday refused to honor requisi
tion paper issued by Governor
Blease, OF South Carolina, for Thos
B. Fielder, an Atlanta attorney, fol
whom warrant has been sworn out
In Newb erry, S. c., charging hin
with attempted bribery of II. H. Ev'
ans, a former member Of the ole
State dispensary board.
The contention of Mr.. Feldtr's a.
torneys, that the requisition papers
were inadequate because they lacked
afidavits to indicate that any per
son had specific knowledge of the
alleged offence, was sustained by
Governor Brown.
The pnrers merely included copy
of a warrant charging that zone B
F. Kelly, from information presented
to him.: believed T.. B. Fielder, on
the = of October, 1906" offered OF
promised, certain gratuities OF
RlllS,s IL Ef oAo.
When Governor Brown told Mr.
Fielder that he had denied extradi'
ton, the latter replied that he prob,
ably would be going to South Caro-
lima very soon" on his own accord
He declared his innocence of any at
tempt to 'oribe and asserted that the
warrant was merely subtefuge on
the part Of his enemies to get him
into the State.
"I would like to see your creden-
tials," demanded Mr. Fielder, when
W. A. Holman, of Charleston, S. G.,
arose to address the Governor to ar.
quo for honoring the requisition. 80
want to know who is back, Of these
charges
am here merely as a lawyer re-
presenting the sovereign State OF
South Carolina" replied Mr.. Holman
4.As to anything back Of these charg-
es, I know nothing. My credentials,
SIS you Will see, are signed by Gov
ernor Blease.' ~. r. a, al, t., :,
Mr.. E.clman asserted that the Con
stitution Of the United States left the
Executive of a sister state no disco
tion; in the matter, when the Execu.
tive. of ,,olle State issued requisitlon
upon the other for a person in anoth'
er State.
'sI recognize that the Constitution
OF the United States is the principa!
compelling power" said the Govern
or, ."but the function Of Governor
is to protect the interests of citizens
of his sNatae when that States laws
are not complied with"
The mere fact that the papers al
leging the crime charged against Mr.
Fielder were accompanied by a GER
ttficate bearing the seal OF Governor
Blease, was not sufficient evidence
of crime to warrant him, he said
to grant the extradition.
Several prominent members OF the
Georgis. Bar addressed the Govern.
or in behalf Of Mr.. Fielder, and cited
numerous precedents in which courts
in Georgia and other States had de-
clined requisition because the papers
did not conform to the laws OF the
State upon whose Executive the!
were issued.
The alleged cause underlying the
reques:: for extradition-personal an
imosity between Mr.. Fielder and Gov
Blease resulting from differences In
connection with the winding up ol
the old South Carolina State dispen'
sary system-was not brought out
at the hearing which proceeded the
denial of the request. 1t was allud'
ed to incidentally by Mr.. Fielder, Whc
declared that he had intended tc
make a statement barring the entire
matter, but the attorneys represent
ing him had found sufficient flaws IN
the requisition papers as to make II
unnecessary to inject personalities
into the proceedings.
"It Is not a matter in which per-
sonalities should enter" commented
the Governor.