The Union times. [volume] (Union, S.C.) 1894-1918, 1914-03-20
A. H. KIRBY SUBMITS
TO SUSPENSION.
Aged Magistrate Will Take Years
Rest When He May Appeal to
General Assembly.
(Spartanburg Herald.)

Blease that he be suspended from
and neglect of duty" Maj. A. H.
Kirby, for "a years magistrate of
Spartanburg county, has laid aside
his duties and intends to take a rest
for year, when he will probably
appeal his case to the next general
assembly. The state senate has to
sustain the order of suspension by
the governor for it to be legal, and
the next legislature will not convene
for another year.
Two Mentioned.
There are two men prominently
mentioned for magistrate-Edwin E.
Corey, an attorney, and Harrison
Ferguson, a travelling man, both of
probably make a selection between
these two. The former has been
recommended by several of the ad-
ministration's close friends, while
Mr.. Ferguson, himself, has had
conversation with the governor con-
cerning the matter. Mr.. Ferguson
said he told the chief executive he
would accept the position if, by so
doing, it would in no way embarrass
the governor. 1t is understood that
Governor Blease is away from CO.
| it will be several days before a de-
cision will be made.
Major Kirby gave out the follow
ing interview yesterday:
"You kindly asked me if l had
anything to say. Well, it is about
as | expected, the governor prompt
ly convicted me of 'incapacity, mis-
conduct and neglect of duty no
tice of which was handed me on my
way from church.
"The governor, after referring to
the affidavits and my return, proceed
ed to suspend me from the office of
magistrate for Spartanburg county
for 'incapacity, misconduct and neg
lect of duty
$50 | am thus incapacitated by
law from performing the duties of
magistrate, and must take rest.
Having number of cases undisposed
of in my office, | will turn over the
papers to the magistrate who may
succeed me, or to another magistrate,
as may be agreed on by the parties,
so as to have the cases disposed of
legally. All cases to be sent up to
the court of general sessions will be
handed to the solicitor or the clerk
Of court.
81 thank The Herald, also my many
friends, for the kind words spoken of
and to me, all of which | deeply ap-
preciate."
Governor Blease's suspension order
to the aged magistrate follows:
Blease's Order.
Columbia, S. c., March ID, 1914.
A. Fl. Kirby, Esq, Spartanburg, S. c.. |
Dear Sir: On March II, 1914, al
rule to show cause before me why
you should not be suspended from
the office of magistrate for Spartan-l
bury county, was served upon you,
said rule to show cause being dated
March 10, 1914, and being made re-
turnable at o'clock p. m. this day.
Said rule to show cause served upon
you set out the charges which had
been preferred against you before
me, being accompanied by copies of
certain affidavits filed with me.
You forwarded to this office re-
turn of said rule to show cause, said
return being dated March 12, 1914, |
and received in this office on March
IA, 1914. Said return being received
by mail.
| am of the opinion, based upon |
the entire record now on file in nv
office, that YOU should be suspended
from the Office of magistrate for
Spartanburg county, which you now
hold, and l so find.
Now, therefore, |, Cole l.. Blease.
governor of the State of South Caro-.
lima. by virtue of the power and au-
thority conferred upon me by the
constitution and laws of South Caro-
lima, and more particularly section
1891, Code of Laws of South Caro-
lima. 1912, Vol. I, to-wit:
The governor shall have authority
by and with the advice and consent
OF the senate, to appoint magistrates |
each county of the State, who shall |
hold their office for the term of two
years and until their successors are
appointed and qualified. The number
OF magistrates to be appointed for |
each county and their territorial iu-
risdiction shall be the same as here
tofore prescribed by law for mapis- |
trates in the respective counties of |
the State, except as hereinafter 9TH
erwise provided. Such magistrates |
may be suspended by the governor
for incapacity, misconduct or neglect |
of duty; and the governor shall re.
port any suspension, with the caus& |
thereof. to the senate at it's next ses-
sion. for its approval or disapproval."
DO hereby suspend you, the said
A: II. Kirby, Esq, from the office
of magistrate for Spartanburg coun-
ty, which you now hold, for inca
paclty, misconduct and neglect of
duty, and any further act or acts |
performed by you as such officer will |
be illegal and in violation of law.
Very respectfully.
Cole l.. Blease,
Governor
Copy to secretary of state, Colum-