The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1911-02-22
Cao..y's Antipathy to Sumter Lawyers.

have noted with pleasure the desire
or the par; Of the friends oi l.. ".
Nemm!u.e- 10 have the legislature OF
South Caroliua promote him 20 the
position o: Associate Justice OF the Su-
preme Court Of The State and wish 10
,hank the edi:oc o: THE MANNING
TINES for having assisted iu that dlrec-
ton.
am ,akin. the liberty OF stating
through your paper why think Mr..
Nem,ni,yer should have been elected
70 the Supreme Court, as follows, ,o-wit:
4, In this day and generation, the
luwver who Knows cothing more than
the written Constitution. the Statutes
and decisions OF his State is very poor
lawyer iaGeed. especially wheG viewed
in the light OF Z candidate :or 4 position
aS Z member OF the Appellate Court ol
any particular jurisdiction.
~ Mr.. MemminSer through training
and heritage is 7 man OF wide learning
outside and beyond the limited sphere
OF the legal profession, and is therefore
fully competent 10 iocerpre: the law in
The lieh; and in harmony with modern
conditions and civilization.
I, Is needless scr me 70 refer TO the
necessity for the reversal OF certain de-
ciS!ons OF the Supreme Court OF South
Carolina hu: !or the purpose Of this
article. should like 10 refer 70 the case
OF S,u:.giSs vs.. Atlantic Coast Line z. r.
Co. 80 5. {. POI. wherein the Supreme
Court declared unconstitutional the act
0. 1905. which provides in substance
.ha, 40 contract OF employment, in>ur-
ance, relief. benef; or indemnify from
injury or death entered into. By or ia
behalf OF any railroad employee. shall
constitute any bar or detense TO any
action brought 70 recover damages for
persona! injuries to or death OF such
employee: IN this case f. 0. Purdy pre-
sided as Circuit Judge and lis opinion
was affirmed by an equally divided Su-
prcme Court: before going on the Bench
=. 0. Purdv was local attorney for the
said .Atlactic Coast Liue Railway, and
the opinion OF Judge Pucdy in the case
in question was prepared BY NessrS.
Wilcox & E::.ilcox o! Florence. general
counsel for the said Atlantic Coast Line
Railroad. The Supreme Court in this
case has simply affirmed the we'll pre-
pared opinion Of the attorneys for the
Atlantic CoaS. Llue Railroad: IS j:
therefore any cause for wonder, that
the decision in question atirns the legal
presumption in favor Of the railroads as
against the railroad employees.
The Supreme Court in the aforesaid
opinion declares that the statute under
consideration was enacted for the prr-
pose OF preventing railroad corporations
and other parties therein mentioned.
from !nauSuratiug schemes, the ulti-
mace aim and practical effect Of which
are 20 enable railroad company TO
bring such influence TO bear upon its
employees as will force them 70 sur
render their claims for damages when
they have sustained injury through the
negligence OF the company, and forth
with proceeds TO declare uncons,i,u-
tiocal the Act which was enacted for
the sole purpose OF permitting remedy
tor the very evils which the Supreme
Court recognizes.
need not refer TO the fact, Mr.. Editor,
that decisions similar TO and involving
the same principles as Sturgiss Us. At
lan,ic Coast Line, has caused President
Roosevelt: 70 allege that Baldwin OF
Connecticut and the United States Su-
preme Court had become :ossilized. and
I DO not assert that the Supreme Court
O: South Carolina has become fossilize0,
but DO say that the election OF E. ".
Memminger 10 the Supreme Court would
have added stability and enlightenment
20 the legal lore of South Caroiina as
judicially declared. and it is far better
for the people OF this State tha: the
legislature has adjourned without add
ing dtth Justice 20 the Supreme Court,
rather than 10 have elected 10 so i'm
portans . position the chronic and per-
pecual judicial candidate from Sumter,
or else some railway attorney.
J. J. CANTEY.
Summerton, S. G., Feb. IS, 1911.