Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-10-01
#iseellaaeoas Grading.
WOODS MADE MISTAKE.
Governor Calls Associate Justice Down
On Error Of Fact.

Governor Calls Associate Justice Down
On Error Of Fact.
News and Courier, Friday.
Columbia, September 26.-Copies OF
letters which passed between Cover
nor Blease and Associate Justice
Woods in re the opinion in the Ander.
son magistrates cases follow:
September II, 1912.
Hon. C. A. Woods, Associate Justice
Supreme Court of South Carolina,
Marion, South Carolina.-Sir: I notice
In an opinion rendered by you for the
supreme court, in re appointment of
certain magistrates for the counties of
state, in the case Of Lyon VS.. Bowden
and Kirby, ct al, and the governor
failed to submit the appointments at
either session. This could not have
been an oversight because 1t Is insert
ed in your Handwriting in the type
written opinion.
'I beg to call your attention that
this statement is erroneous, on the
contrary, by reference to the journal
Of the senate Of South Carolina, 1912,
page 1872, 1t will be found that sent
message No. 81, to the said senate on
the 18th day Of February, 1912, in
which I furnished list Of ali appoint
ments made by me, including the
county Of Spartanburg-the first name
on the list being w. r. Tanner-the
eighth name being s. s. Tiner-the
ninth name being T. o. Fowler and the
twenty-first name being J. M. Bow
den. The clerk Of the senate, how
ever only published in the senate jour-
nal the names Of those who were con-
hrmed. and failed to publish the
names in the journal Of those who
were not confirmed. The senate hav-
ing refused to confirm the nomina-
tions or appointments of the other
magistrates, the clerk did this, pre-
sumo, upon the motion found at the
top Of page 1888, Of said journal,
which reads:
"'On motion Of Mr.. Hardin, the seal
Of secrecy was removed from the pro-
ceedings Of the executive session, so
far as the same relates to appoint
ments made by the governor and con-
firmed by the senate, and the same
were ordered published in the jour-
NAL
I'm the same message, under the
head Of Aiken County, the original
message contains the appointment Of
L. NJ. C.. Oliveros for master, vice
w. N. Jordan, deceased. In the printed
journal, this is left out because he was
not confirmed at that time.
Under the head Of Beaufort Coun-
ty,' township commissioners were in
the original message, but in the Jour-
nal were cut out, they not having been
confirmed.
"And other counties, including An
derson, appointments which were set
out in the original message sent in by
me, but were not confirmed, are left
out Of the printed journal. The original
message, which is now in the hands Of
the clerk Of the senate, or which
should be in his hands, Gan exact and
corrected copy being on file in this
office) shows that these appointments
were sent to the senate by me. The
senate refused to confirm them, and I
am satisfied that the senator from
Spartanburg, and other senators, will
confirm my statement and say that
these appointments were sent in and
that the senate refused to confirm
them.
"Now, cannot see, Judge, why you
should put in your judicial record, as
a reflection upon me-the chief ex-
ecutive Of the state-a statement
which is absolutely false. care moth
ing for the law as you have decided
1t in the magistrate matter; 1t makes
absolutely no difference to me-and I
told some Of the attorneys in these
magistrate matters that as soon as the
senate refused to confirm, they were
no longer magistrates-my construc-
ton Of the law being that when the
vacancies occurred, had the right to
appoint, and when the senate met and
refused to confirm my appointees,
that they were no longer magistrates,
and that others would have to be ap-
20 ha
fore, you have held just what I
thought was the law in the Anderson
matter, but I cannot allow your de-
cision to go unchallenged when you
accuse me of having neglected to
perform a duty, as chief executive
which I did perform, and which 1t was
your duty to know that did perform
and certainly you should have pre-
sumed that did perform, as the law
presumes that all officers do their
duty until the contrary is shown, and
not have this erroneous statement
in your opinion as a reflection upon
me.
"a copy Of this letter has been
mailed to each of the associate JUS
tices and to the chief justice and to
all of the circuit judges Of this state,
in order that they may see the injus-
tice which has been done me by you.
IT attach copy Of kilograms to and
from the clerk Of the senate.
II hope that before your opinion Is
printed in book form and made a per-
manent record, that you will do me
the fairness to correct this error and
remove this uncalled for reflection
upon me in charging me with not do
ing what I did do.
"Very respectfully,
(Signed) "Cole L. Blease,
Governor"
(Copy)
Columbia, S. c., September 16, 1912.
IN. M. Mann, st. Matthews, S. c.
Did not the senate refuse to confirm
magistrates Timer, Bowden, Tanner
and Fowler from Spartanburg? In
the printed journal you leave these
names out because they were not con-
firmed, / presume. Is this correct?