The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-10
GOVERNOR AND SUPREME COURT.
GEORGETOWN County Controversy
Brought to Close by Assigning
Judge Gary.
The State, Sth.

The State, Sth.
The controversy over the special
Judge for the Georgetown county
court between the supreme court and
Gov. Blease was brought to an end
yesterday when Ernest Gary. a dis
engaged 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
Cou N Bar association to the supreme
courWfo special judge.
Gov. Blease said yesterday that the
name of Walter Hazard was included
in the list of "eligibles," that he had
not announced, in fact, it was the next
name on the list that he had promised
10 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,
to be commissioned to hold the Flor
ence county court commencing next
Monday.
Letters Not Given Out.
The following letters which throw
additional light upon the controversy
with reference to the special judge for
Horny county, between the supreme
court and Gov. Blease are published
today for the first time. The letters
have not yet been given out by the
chief executives:
"i am in: receipt Of your letter Of
February 28, in which you give list
Of e 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.
''I shall not call upon you, governor,
to furnish any such list and regret
that you have troubled yourself with
a matter beyOnd the scope of your
executive powers"
This letter was dated March 1.
Ignored recommendations.
The following is another letter ad-
dressed by Chief Justice Jones to Gov.
Blease on February 21:
Being advised that Judge J. c..
Klugh, because of illness. is unable
10 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 1
code of law, T respectfully recommend
that you issue a commission to G. P.
Quattlebaum, Esq, learned in the
law, as special Judge to hold said
court"
This letter was ignored by Gov.
Blease.
Criticises Supreme Court.
''I am still of the opinion that the
act is unconstitutional and I regret
that the Davis negro's fate happened
to come in at this time. for if it had
not been for this controversy, I 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.
Defines His Position.
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 (that is,
not holding COURT the supreme court
shall designate the disengaged Judge;
but, wher there is no regular judge
disengaged, then, under the constitu-
ton, it is clearly the duty of the gov
ernor to appoint and commission. In
my opinion, the act Of the legislature,
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 in my two messages upon this
subject to the genral assembly.
Does Not Change His Opinion.
''The decision in the Davis case does
not in the least alter or change my
opinion or my views. I am still of
the opinion that the act is unconsti-