Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-16
Haistsl|aneuils gsading.
WILL NOT SIGN BONDS
Governor BIsase Says Supreme Court
Has OverruIed Itself.

Has OverruIed Itself.
Governor Blease announces, accord
ing to the Columbia correspondent OF
the News and Courier, he will not sign
any bonds or stocks, making 1t certain
there will be no refunding Of the state
debt during his term Of office. He scor-
ed the supreme court last Thursday for
their opinion In upholding the validity
Of the refunding act and goes after As
sociate Justice Hydrick, who wrote the
opinion. His dictated statement says:
mo, am not disappointed at the re-
suit Of the decision Of the supreme
court. I rather expected 1t. regret
very much though, that they lodged
the main point in the case, and did not
decide fairly and squarely the question
of quorum, as to whether or not a
member Of the house or senate can
serve on any commission Of which he
was a member by virtue Of his POSI-
ton In the house or senate, after his
term expires, or, as the constitution ex-
presses It, after the term Of his sue
cessor begins "l-
Justice Hydrick in his opinion COM
pletely and absolutely lodges every
material issue in the case as any law
yer or other man Of good common sense
will find II he will read the pleadings
therein. He lodges entirely the Brown
ing question, one of the most important
Of all. He then confirms the report Of
Halcott p. Green by merely saying that
we deem it unnecessary to prolong this
opinion by a detailed statement or con-
sideration Of them which shows that
he did not give them the proper thought
and consideration. In fact, his whole
| opinion is lodging the material Issues
raised by the pleadings, and decides
absolutely nothing, but leaves the en-
tire matter where II was before 1t went
into the courts. -.. -4
Justice Watts does q little better.
However. the conclusion reached and
the opinion of the majority Of the court
is, in my opinion, after considering the
p!eadings on both sides, one Of the
most adroit judicial lodges that have
ever seen and one of the most perfect
biased political judgments ever handed
down by judicial tribunal, and should
be sufficient to convince all men Of the
necessity Of the election Of judges by
the people I am glad, however, to see
that they say they will have nothing to
do with matters Of the sinking fund
eommission. I presume they will ad-
here to this when the Dominick claim
comes up for his fees. However. I do
not suppose they had thought Of It, or
possibly they would not have been SO
plain along that line. Personally, I
shall pay absolutely no attention to the
decision, and no bonds will be refund
ed until after the next session Of the
general assembly, the supreme court to
the contrary notwithstanding. Judge
Hydrick does not even tell the commits
sion to go forward; he simply says
they are at liberty to do 80 and so. The
had given that liberty, and
| It was not necessary for this learned
and distinguished jurlst to concur. But
the liberty he gave the majority will
avail nothing, as it will be absolutely
ignored until the next general assembly
| takes action.
Seriously, I doubt II this Is legal
decision, anyway, for the supreme
court has certainly not followed the
constitution II you will turn to Sec
ton 6, Article Is, Of our constitution,
you will read, In case all or any Of the
justices of the supreme court shall be
thus disqualified or be otherwise pre-
vented from presiding etc., the court
or the justices thereof shall certify the
same to the governor etc. This they
failed to do, and only four justices act
| ed in the case, when the constitution
positively required five, or the court
enbanc. You will notice the word Is
| shall and not may or can There
fore, 1t certainly was the duty Of the
Judges, when they only had four, to
certify the same and have the vacancy
filed, or, these being constitutional
questions to call the full court en- banc
and pass upon the same. These judges
for some reason refused to obey the
constitution because 1t certainly says
shall and If the humblest citizen
SHALL when the word is used, surely
the supreme court, which sends them
to the penitentiary and to the electric
chair should, above all others, obey the
constitution when 1t says shall
No Bonds to be Issued.
"Of course, however, these judges are
above the law. If one Of them should
be convicted Of any offense, have. no
idea but what the others would give
him a new trial, but they are not high
er in debating to me my duties. There
fore, you can safely say that there will
be no bonds issued until after the meet
ing of the next general assembly, for,
| II you will notice, the acts Of 1912 In
reference to this bond matter, page 740
provides that said coupon bonds and
| certificates Of stock shall be signed by
the governor Of the state ETC., and /
have yet to see or read anything In the
constitution or statutes which author
ICES the supreme court to make me as
governor sign my name to what l be-
lieve to be an attempt to defraud the
state, and If there was any such thing,
I would not sign it, even though the
supreme court Judges are higher than
the law and can refuse to do what the
constitution says they shall do. So the
bond deal matter will stand, as pre-
sumo the supreme court would say. or
at least would affirm me in saying. In
statu quo until the general assembly OF
1914"
CONGRESS ON "HALF TIME"