The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-06-28

timber lands purchased by the Allan
tic Coast Lumber corporation, of
Georgetown, the manager of which,
Mr.. W.. H. Andrew, has figured rather
conspicuously in the present contest
for the governorship.
Governor Blease quoted from the
Columbia State of Sunday, in the re-
port of the Chesterfield meeting, to
the effect that Judge Jones had stated
that he wrote the opinion which fore
ed the Atlantic Coast Lumber corpora
ton to remove timber from the lands
in question and that consequently W.
H. Andrews was not friend to Jones.
Didn't Write Opinion.
Judge Jones arose Immediately and
declared that he had not said he wrote
the opinion, but had coacurred N it;
that Mr.. E. Marion Rucker, sitting
with the court, Judge WOODS icing
disqualified, had written the opinion.
The full statement by the governor
in this matter is rs follows: "In the
speech delivered ~ ex-Chief Justice
Jones, at Chesterfield, he used the fol-
lowing language and is So quoted by
the Columbia Stare. al i'll no selse
tied up with corporations. Gan you
say the same for Governor Elease:
One of his most ar;lent bac;lers is W.
H. Andrews, who is nomina;ly though
not really the head of the Atlantic
Coast Lumber corporation. 1 wrote
the decision of the supreme court in
decision directing that this corpora
ton should within a reasonable time
remove standing timber it had bought
rather than hold it indefinitely and
thus deprive the landowner of the use
of his land, and for that reason Mr.
Andrews has no love for Jones'
at is apparent from this statement
that Mr.. Jones, addressing an audience
in an agricultural county interested in
lumber, meant for the audience to un-
derstand that he was the writer of the
opinion of the supreme court which
first announced the reasonable time
doctrine and which requires lumber
corporation who had purchased timber
to remove their timber so purchased
within a reasonable time or forfeit
their right to the timber.
Cites Supreme Court Record.
Gas a matter of fact, let us see what
the records show. The first case on the
subject was Flager VS.. Atlantic Coast
Lumber corporation, Vol. SO, South
Carolina reports, page 32S, in which
the attorneys engaged were Messrs.
| w. F. Clayton and Henry Buck, for
appellant, and Messrs. Wilcox & Will
cox and Henry E. Davis, for respond
ent. The opinion was rendered July
1S, 1911, by Prof. E. Marion Rucker,
who was acting as associate justice
in the place of Mr.. Justice Woods, dis
qualified. Mr.. Rucker was appointed
to act in the place of Mr.. Justice
Woods, who was disqualified because
I knew that he was a man Of the peo-
Pile and not of the corporations, his
record in the legislature being above
criticism.
"The opinion in that case is a rather
long one and l will simply state what
the conclusion reached was, in which
he laid down this rule: 1T is not neces-
sary to discuss the large number of
citations of counsel in their argu-
ments. Suffice it to say that we are of
opinion that both. by the inherent rea-
son of the thing as well as by author
ity, the rule is, that wherever it is
apparent in contract that the parties
had in view some time for the COM
mencement of the removal of the tim
ber, which intent was not embodied
in the terms of the contract, that the
law will presume, and will enforce,
that such commencement of the re-
moval of the timber shall be within
reasonable time from the date of the
contract
Another Case.
"The next case decided was McClary
VS.. Atlantic Coast Lumber corpora
ton, 80 South Carolina reports, page
153, in which the attorneys engaged
were Messrs. Walter Hazard and Lee
and Fishburne for appellant, and