The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-07-27
LYON IS REJEC7LD
81 STATE COUNSEL
ASSISTANT ATTORNEY GENERAL
.G3JECYS 70 PaRTgCP.. TON.
Sustained by COurt-The Proceedings
AgainSa Tax Commission Heard
Ry associate justice.
Tie State.

Tie State
Laurens, July 22-The Injunction
proceedings in the cases of Peoples
bank Of Greenville, the National Loan
and Exchange bank of Greenwood and
". T. Bailey of Greenwood against
the State tax commission, heard l-ere
this afternoon before Associate Justice
f. c. Watts, took rather sensational
turn when Assistant Attorney General
Dominick objected to the association
in the case of J. Fraser Lyon, en-
ployed by the governor and the chair
man of the tax commission, without
consulting tie attorney generals Of
fee.
The court sustained the position of
the attorney general and Mr.. Lyon
took no further part in the proceed
ings.
The attorney for the compIainants
and the assistant attorney general pre-
sented voIuminous arguments for and
against the issuance OF the iniunc-
ton.
Judge Watts took the matter under
Amusement and stated that -e would
hand down his order as soon as prac-
ticable, intimating that it would be
done within a few days. The COM
piainants were represented by F. B.
Grier of Greenwood and T. P. Cothran
OF Greenvil.e. Mr.. Dominick appeared
for the State.
The incident of Mr.. Lyons elimina-
ton from the case at this time was
the more dramatic because of its sud
denness. Mr.. Lyon Tad apprised the
court of his commission in a few words
when the assistant attorney genera,
abruptly arose and made objection to
the appearance of the special 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 tat it was
the prerogative of the attorney gen
erals Office to conduct the case and
that outside legal services could be
procured only upon the consent Of that
department. lMr. Dominick stated that
the department had been employed in
q study of the case and it was fully
prepared to make the answer. Fur
Boermore, ne said, the attorney gen
erals Office was not in possession Of
the points that the special attorney
might raise and that without this
knowledge would not be willing to
risk the States interest.
In making his ruling on the case
Justice 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 tie spe-
cial fund of $4,000 appropriated by the
last general assembly for legal serv-
ices to be 60 pended by the governor,
but Justice Watts was not impressed
by this contention Mr.. Lyon made a
request of the presiding judge that in
writing the order in the case mention
be made that he had appeared t-ere
as the representative Of the tax COM
mission and the governor. Mr.. Domi-
nick requested that it also be included
in the order that the attorney gen
erals Office Lad 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 i'm had informed him
that the attorney generals Office had
been consulted. Mr.. Dominick replied
pointedly that Mr.. Jones had not re-
quested that Mr.. Lyon be employed.
There was dramatic silence followed
shortly afterwards by further state
ment from Mr.. Dominick that both the
governor and the chairman of the tax
commission had been in mis- office and
had asked his opinion as to the out
Scone of the case, but had not made
any request for legal assistance. MI.
Lyons name had been mentioned, he
said, as having been consulted about
the merits of the case, but ne unequiv-
oca11y declared that no request mad
been made of the attorney generals
Office to engage Mr.. Lyon in the case,
Repea1ed references were made in the
tilt about factional and political dif-
ferences. iMr. Lyon stated that he was