The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-07-28
REFUSES LYONS ASSISTANCE.
DOMINICK OBJECTS TO FORMER
ATTORNEY GENERAL.
proceedings Against Tax Commission
Heard by Associate Justice Watts
Decision to Come Later,


w. T. Bailey of Greenwood against
the State tax commission, heard hero
this afternoon before Associate Justice
r. c. Watts, took a rather sensa.
tional turn when Assistant Attorney
General DOminick objected to the asl
sociation in the case of j. Fraser Lyod
employed by the governor and thS
chairman of the tax commission
without consulting the attorney gem
erals Office.
The court sustained the position OF
the attorney general and Mr.. Lyon
took no further part in the proceed
ings. Il
The attorney for the complainants
and the assistant attorney general pref
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 pracs
ticable, intimating that it would be
done within a few days. The coml
plainants were represented by F. B..
Grier of Greenwood and T. p. Cothrar,
of Greenville. Mr.. Dominick appeared
for the State. g
The incident of Mr.. Lyons elimina-
ton from the case at this time was
the more dramatic because Of it's sud-
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
lembarrassmentl 10 might cause IN
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 a study of the
case and 1t 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
Iterest
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 1t was
the sole prerogative Of the attorney
general to employ help. Mr.. Lyon
thereupon raised the point of the
special fund of $4,000 appro-
priated by the last general assembly
for legal services to be expended by
the governor but Justice Watts was
not impressed by this contention.
Mr.. Lyon made request of the pre-
siding judge that in writing the order
In the case mention be made that
he had appeared there as the repre-
sentative Of the tax commission and
the governor. Mr.. Dominick reouested
that 1t also be included in the order
that the attorney generals office had
not been consulted about the matter
Mr. Lyon arose and stated that in
justice to himself he wished to have
1t included that Mr.. Jones. the tax
commission chairman, in retaining
MIN had informed him that the at
torney generals office had been con-
suited. Mr.. Dominick replied Doint-
edly that Mr. Jones had not requested
that Mr.. Lyon be employed. There
was dramatic silence followed short
~ afterwards by further statement
from Mr.. DOminick that both the gov
ernor and the chairman of the tax
commission had been in his office and
mad asked his opinion as to the out
come 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 the case. but he uneuuiv-
ocally declared that no request had
Deen made OF the attorney generals
ONCE to engage Mr.. Lyon in the case.
Repeated references were made in the
TIT about factional and political diff
ferenccs. Mr.. Lyon stated that he
was acting only in n legal capacity
and was appearing upon what he con-
sidercd proper legal authority and
that his appearance in the case was
not prompted by any potential or DO