Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-01-17
NO. 8.

because my personal reputation wa!
r unscathed, and, the people realizing
the villainy Of 1t all, my politica
fortunes were bettered, probably, rath-
r er than injured. But 1t Is not for my
/ self that 1 am pleading, but for those
who are to follow me, and for the
: good name Of the state.
1 submitted the matter to the Hon
[ w. Hampton Cobb, solicitor Of the
, Fifth judicial circuit, which includes
Columbia, and desire to quote here
with his reply:
i Columbia, s. c., Nov. 20, 1912.
Gov Cole l. Blease, Columbia, s. c.
Dear Sir: Replying further to
your letter of the 15lh inst, asking
If there Is any criminal statute COW
ering the offense Of person send
ing a telegram in Columbia, s. c.,
which was delivered to another per-
son in Washington, D. c., contain
ing a deliberate and malicious false
Of a citizen Of this state" I beg to
Is the one passed in 1912, Vol.
XVII, Statutes at Large, page IT'S.
which provides as follows:
| Amy person who shall with malici-
Gus intent, originate, utter, or circu-
late, or publish, any false statement
or matter concerning another, the
| effect of which shall tend to injure
such person in his or her character
or reputation, shall be deemed gull
| ty Of a misdemeanor," etc.
This statute has never been con-
structed by our supreme court, but
think the elements necessary to con-
stitute a violation of this statute are:
G) The statement originated, utter
/ Cd ntr tAI n,,HI tot, n1
be false; CD 1t must have been done
with a malicious intent; (Sl The
statement originated, etc., must tend
/ to injure the character or reputa-
ton Of the person alleged to have
been wronged.
Yours very respectfully,
| (Signed) w. HAMPTON COBB,
Solicitor Fifth Circuit.
/ also submitted the matter to Unit
ed States District Attorney Ernest F..
Cochran, and received the following
reply:
Charleston, s. c., November 16, 1912.
Hon. Cole L. Blease, Governor Of
South Carolina, Columbia, s. G.
My Dear Sir: Your letter of the 18th
received, and pursuant to your request
I have looked very carefully into the
matter referred to. AS I understand 1t
the facts are that three libelous tele-
grams were sent from Columbia, s. c.,
over the lines Of a telegraph company,
to Washington, D. c., and the question
Is whether there Is any Federal crimi-
nal statute covering such a case.
have been unable to find any Federal
criminal statute covering such case,
and am satisfied there is none. How
ever, 1t is barely possible that a prose-
cution could also be maintained at the
| lnIo 80 nft tha hal haf
Is in the district Of Columbia, in the
district courts there. I am not famil-
lar enough with the jurisdiction and
statutes relative to the district Of Co
lumbia to express an opinion on this
point, and / suggest that you lay this
question, II you desire, before the
United States district attorney for the
District of Columbia ! have not his
name before me, but letter address
ed simply United States Attorney for
the District Of Columbia, Washington,
D. c., will reach him.
Respectfully,
len United States Attorney.
Gentlemen, the matter Is before you
not with a desire to review the rep
rehensible conduct Of South Carolina's
senior senator nor with a desire to
parade before you the infamous con-
spiracy of Gonzales, Tillman ct al, to do
me political and personal hurt-but to
| show you the necessity, as ! began by
saying, of some legislation which will
protect the regulations Of the citizens
| Of South Carolina, when maliciously
assailed in the public prints. The
matter Is before you. have made to
you a recommendation In my annual
message, I earnestly urge that YOU
pass an act along the line have sug-
gested, or some act which, appealing to
your wisdom and your conscience, will
achieve the result for which / am Ia
boring.
II a man Is thus mistreated, villified
and abused and the people rebuke the
conspirators ard falsiflers by electing
the man lied upon, he can submit and
rest on his laurels, but If he be de-
| feated, and feels that only blood will
remove the stains, because the law
gives him no redress, then, II he de-
fends his honor with blood, who
blames him? Certainly not Lexing-
ton jury.
I might cite you to later instance
of Infamous newspaper conduct. Inc
| Columbia State and other newspapers
in South Carolina have been occurring
| the newspapers of the world for all
/
gather attacking me for my remarks
before the conference Of governors In
Richmond recently. Newspaper after
newspaper with favorable comments
came into my office. Many Of these
were sent by my secretary to the edl-
tor of the Columbia State-not with
any expectation Of seeing them pub
lished, but in order that the Columbia
State might have the opportunity
which I knew 1t already had-to pub
iish them, and In order that you might
have the proof that 1t had such oppor-
tunity-the proof In the connection In
which am now giving 1t to you. Not
content with this, my secretary, for the
same purpose. addressed the following
letter to the editor Of the Columbia
State enclosing him an editorial IN the
letter and calling attention to the nun
dreds and hundreds of letters and
messages of congr tulation / had re-
ceived. AS was expected not one word
did the Columbia State say In regard
to it-except to quote one paragraph
from the editorial, in an editorial We
nomously attacking me again:
Columbia, December 1S, 1912.
Editor The State, Columbia, 5. c.
Dear Sir: Since the address or Gov
ernor Blease before the conference OF
|
have been running in the State from
day to day, prominently displayed,
comments of various newspapers
throughout the country adverse to the
governor and to the sentiments which
he expressed-some Of these comments
being unusually vitriolic In tone and
expression. In view of the publication
of these adverse criticisms in your pa
l.per, l beg to hand you herewith, with
the request for publication, an editori-
al clipping from the Austin (Texas)
Statesman of December 18th, sent to
this office. Governor Blease has re-
ceived many newspapers and newspa.
per articles commencing his stand, and
hundreds of letters and kilograms or
congratulation from all over the coun-
try; but this particular editorial com
ment is sent to you with the desire TO
call particular attention to this para
graph, which is, Of course, best under
stood when read in connection win
the entire editorial herewith enclosed:
I'VE merely meant to say that II
fatal blunder has to be made, we pre-
fer the blunder of Blease to the blum
der Of Illinois. We prefer the mon
l ~-s;,oo-onotion. Wa nrafpr a white