The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-09-12
Governor BIeaSe Talks
On Several Live Issues
Gratfed At Recent Elections In Anderson and Spartan
burg.-Scores Supreme Court On Bond Decision.
The Dispensary Elections.

the general assembly, the supreme
court to the contrary notwithstand-
ing. Judge Hydrick does not even
tell the commission to go forward, he
simply says they are at liberty to
do so and So The legislature had
given that liberty, and it was not
necessary for this learned and dis
tinguished jurist to concur. But
the liberty he gave the majority
will avail nothing, as it will be abso-
lutely ignored until the next general
assembly, takes action.
Seriously, 1 doubt if. this is a legal
decision, anyway, for the supreme
court has certainly not followed the
constitution. If you will turn to Sec
ton 6, Article 5, of our Constitution,
you will r" d, "In case all or any of
the justi of the supreme court
shall be thus disqualified or be other
wise prevented from presiding" etc.,
the court or the justices thereof
SHALL certify the same to the COVER
nor," etc. This they failed to do, and
only four justices acted in the case,
when the constitution positively re-
quired five, or the court en- banc. You
will notice the word is SHALL" and
not "MAY" or "CAN''. Therefore. it
certainly was the duty of the judges,
when they only had four, to certify
the same and have the vacancy filled,
or, these being constitutional ques-
tions, to call the full court en- banc
and pass upon the same. These
judges for some reason refused to
obey the constitution, because it
certainly says SHALL" and if the
humblest citizen SHALL" when the
word is used, surely the supreme
court, which sends them to the pen
itentiary and to the electric chair,
should, above all others, obey the
constitution, when it says SHALL"
Of course, however, these judges are
above the law. If one Of tnem should
be convicted of any offense, I have no
idea but what the others would give
him new trial. They are higher
than the highest law, but they are
not higher in debating to me my du-
ties. Therefore, you can safely say
tnat there will be no bonds issued un-
til after the meeting of the next gen
eral assembly, for, if you will notice,
the acts of 1912 in reference to this
bond matter, page 74O, provides 'thar
said coupon bonds and certificates of
stock shall be signed by the governor
of the State" etc, and I have yet
to see or read anything in the consti-
tuition or statutes which authorizes
the supreme court to make me as
governor sign my name to what I be-
lieve to be an attempt to defraud the
State, and if there was any such thing,
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
l presume the supreme court would
say, or at least would affirm me in
saying, in statu quo until the general
assembly of 1914.
Dispensary Contests.
I nave nothing to do with the State
board of canvassers, and 7 am really
not interested in what they have de-
cided or what they will decide Lex
ington was a Blease county, and as
a majority of her white people want
the dispnsary I would be glad to see
them have it. Williamsburg was very
close and I would be pleased to see
it go also in the dispensary column.
So far as Sumter is concerned, like
Orangeburg, I would like to see her
stay dry The surrounding counties
to her-at least Richland, which mas
majority for Blease-will be very
glad to furnish her citizens their Ii
quor, and get the benefit of the money
for good roads and good schools. So
am really not worried as to Sum-
ter's outcome. I think all those coun-
ties had good, first class election COM
missioners, and tnat what they did
they did conscientiously, believing
from all the facts before them that
they were right, and as governor I
shall sustain their actions, regardless
Of what may be the opinion of the
prohibitionists or anybody else.