Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-07-23
DIDN'T NEED LYON
Attorney General Can Manage Without
Extra $1,000 Appropriation.

The injunction proceedings in the
cases Of Peoples National bank Of
Greenville, the National Loan and Ex-
change bank Of Greenwood and w. T.
Bailey Of Greenwood, against the state
tax commission, heard in Laurens yes
terday afternoon before Associate JUS
tice r. c. Watts, says dispatch, took
a rather sensational turn when Assist
ant Attorney General Dominick object
ed to the association in the case Of
J. Fraser Lyon, employed by the gov
crnor and the chairman Of the tax
commission, without consulting the at
torney generals office.
The court sustained the position Of
the attorney general and Mr.. Lyon
took no further part In the proceed
ings.
The attorney for the complainants
and the assistant attorney general pre-
sented voluminous arguments for and
against the issuance Of the injunc-
ton.
Judge Watts took the matter under
advisement and stated that he would
hand down his order as soon as prac-
ticable, intimating that 1t would be
done within a few days. The COM
plainants were represented by F. b.
Grier of Greenwood, and T. P. Cothran
Of Greenville. Mr.. Dominick appeared
for the state.
The incident Of Mr.. Lyons elimina-
tion from the case at this time was
denness. Mr.. Lyon had apprised
the court Of his commission in a few
words when the assistant attorney
general abruptly arose and made OBJ
lection to the appearance Of the spe-
cial attorney in the case on the ground
of lack Of legal authority and the
embarrassment it might cause the
states interest. Mr.. Dominick made
the point that it was prerogative
of the attorney generals office to con-
duct the case and that outside legal
services could be procured only upon
the consent Of that department. Mr..
Dominick stated that the department
had been employed in study Of the
case and it was fully prepared to
make the answer. Furthermore, he
said, the attorney generals office was
not in possession Of the points that
the special attorney might raise and
that without this knowledge he would
not be willing to risk the states in
terest.
In making his ruling on the case
Judge Watts cited the law that the
attorney generals office was empow-
cred to employ assistance whenever
the occasion warranted and that with
out specific authority elsewhere it was
the sole prerogative Of the attorney
general to employ help. Mr.. Lyon
thereupon raised the point Of the
special fund Of $4,000 appropriated by
the last general assembly for legal ser
vices to be expended by the governor,
but Judge Watts was not impressed by
this contention. Mr.. Lyon made re-
quest of the presiding judge that in
writing the order in the case mention
be made that he had appeared there
as the representative Of the tax COM
mission and the governor. Mr.. Domi-
nick requested that 1t also be included
in the order that the attorney gener-
ais office had not been consulted
about the matter. Mr.. Lyon arose and
stated that in justice to himself he
wished to have it included that Mr.
Jones. the tax commission chairman. in
retaining him had informed him that
the attorney generals office had been
consulted. Mr.. Dominick replied point
edly that Mr.. Jones had not requested
that Mr.. Lyon be employed. There was
dramatic silence followed shortly af-
terward by a further statement from
Mr.. Dominick that both the governor
and the chairman Of the tax commits
sion had been in his office and had ask
ed his opinion as to the outcome Of
the case but had not made any request
for legal assistance. Mr.. Lyons name
had been mentioned, he said, as having
been consulted about the merits Of :he
case, but he unequivocally declared
that no request had been made Of the
attorney generals office to engage Mr..
Lyon in the case. Repeated references
were made in the tilt about factional
and political differences. Mr.. Lyon
stated that he was acting only in a le
gal capacity and was appearing upon
what he considered proper legal au-
thority and that his appearance in the
case was not prompted by any political
or potential consideration.
The hearing Of the case was not
concluded until after o'clock.