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FARNUM NOT IN CONTEnT. ti Supreme Court Dismisses Rule Issued 11 Against Him in Connection with Dis pensary Investigation When the supreme court con- a vened on Monday morning savsthe h; Columbia State, Mfr. J. S. Farnim I was not present. Mr. T. Moultrie tl Mordecai was in the court room as U the representative of Mr. Farnum ti and was called upon for a return to c the summons of the court. Mr. Mordecai made a very strong plea \ for his client. When Chief Justice f< Pope asked where MIr. Farnum, ei was. Mr. Mordecai stated that he II could offer reasons sufficient to d show that his client had not been c guilty of contempt of court. At the hearing last week. when h; Senator Hay and Mr. Lyon pre- tl sented Senator Christensen's affi- fe davit. they prepared a formal or- n< der for the court's consideration, tc this being a not uncommon mode m of procedure. The order as pre pared designated that Farnum Aj should be required . to. appear in ca person and be examined before the w supreme court. However, as this might be irregular in mandamus w proceedings, the court struck that le requirement out of the order and ni it was compenent for Mr. Mordecai in to appear yesterday. Mr. Mordecai charged that his ca client had not felt it necessary to comply with the demands of the committee in regard to the letters, F and the committee itself has ad mitted that it had not constitutional t rights to force defendant, for it has: applied for additional - powers. 01 There was a lapse of 24 days be-, tween the time the committee began its inspection of Farnum's office and the time the first motion was made before the chief justice. 'Within a that time defendant had sorted hisb letters and had destroyed some. Today he is willing to admit re ceiving such a letter as that sug gested in the affidavit of Senator Christensen, but under the penalty of pain and punishment defendant makes oath that he cannot now pro-,c duce the letter of which Senator e Christensen says he made a copy. s Defendant denies having subscribed st to the Carolina Field fund. o Defendant says: "I have nothing th~ else in my possession. I have noth- 'to ing which was not in that trunk." T The letter to which 'Mr. Chris- thi tensen's affidavit applies was, in the it~ opinion of defendant, a private let ter anyway. It was directed to l Farnum personally as a political T matter-and all men in and out of thi office have a right to political inter ests. Farnum is not, therefore, in contempt for destroying a private letter. Why did the committee not re- I tain the letter? WVhy did they not inform Farnum when they made a copy and returned it to the files? l Otherwise it cannot be a part o1 the proceedings at the day of the visit of the committee. There is s niothing to show that it was in ex- e istence 24 days later, when the com- I mittee applied to thepchief justice. in The defendant, thiough his coun sel, claimed to come with "cleanI hands and purged conscience." Said Mr. Mordecai: "WVe have put in that trunk every letter except such as on the 14th of May Farnum had destroyed, believing them to be im material. WVe did not resist the court. We might have exercised. the right of appeal to the United States supreme court, but we did not do so. WVe did resist this com mittee, for it had exceeded its con stitutional rights. 'We could bring' the defendant here, but he could say no more to you than I have said." The court then asked if the at torneys of the investigating com mittee had anything to s'ay in reply., Mr. Lyon then briefly but pointed-f ly directed the attention of the court: to the fact that in turning over the: ( trunk of letters to the court he had said nothing about destroying or withholding any letters. The com mittee would have made a mess of ' it indeed to have told Farnum that it had made copies of the letters' which Farnum has not sent with the others in the trunk. "We purposely Kent this copy' of the N. MI- Bockc letter to show when opportunity presented itself that Farnumn had ntaterd in good faith." Mr. Lon ien recalled the difficulties under -hich the committee had labored. aldwin, a fellow who was work 1g for Farnum, had interfered ith the committee and personal icounter with him was narrowly ,erted. He charged that Farnum id been triflingwith thecommittee. e had never appeared at any of ic references held in Charleston Ider the decree of the chief jus :e. e has never appeared in the Lses in the supreme court room. Mr. Mordecai then replied to [r. Lyon. There is no foundation )r any charge that Farnum has -er triHed with the supreme court. e had refrained from any act of sobedience of the wishes of the )rt and had accepted the orders tle court. This coiiiittee had d 11 constitutional righyt to force e attendance of Farnuim or to rce his papers and defendant did t care to appear in the reference be cross-examined by the com1 ittee. Justice Ira B. Jones then asked r. Lyon if he had made out his se. Mr. Lyon indicated that he ould say nothing more. justice >nes wanted to know if Mr. Lyon ould try to show this particular tter was in the custody of Far nm the day that proceedings were stituted before the chief justice. Mr. Lyon then stated that to be Andid the committee has in its ssession other letters, or copies ereof, secured on the visits to arnum's dispensary and they do )t care to disclose the nature of ose letters until the court decides hether or not Farnum shall be -dered in person to be examined - the court. With some degree of pointedness istice Jones inquired if the com ittee proposes to use the court as shuttlecock to make persons come fore the committee Mr. Lyon stated that the object these proceedings is to make Far im disgorge, not only the letters hich he has been holding back, it other due bills and promissory tes which he holds. He spoke lmly and deliberately and indicate clearly that he disbelieved the atements that Farnum has no her letters than those in the trunk. Again Justice Jones declared that e committee seems to be trying make a cat's paw of the court. [he committee should have given to e court all of the information in ;possession. Mr. Lyon produced no further tters and the case rested there. hec chief justice announced that e court would take the matter un r adlvisement and would report xt morning. THE COURT S DECISION. The State supreme court on iesday discharged the rule against S. Farnum and in that way the ~nding contempt proceedings were smissed. Tt is likely .that the dispensary vestigating committee will play me new card in its effort to se ire additional papers which it is ident the committee believes are the possession of Dispenser Far tin. We haveI mow tne be mnd have pi~ hem. THE CI ersible Disc When the court met on Tuesday Inorning Mr. Mordecai wa; in the court representing his client anC Messrs. I lay.Christensen, Lyon and Fraser were present as the repre sentatives of the dispensary investi gation committee. Chief Justice Pope read the following order of the court dismissing the complaint against Mr. Farnum: ."The State ex rel. J. T. Hay et al. petitioners, against J. S. Far num, respondent: "I feretofore this court granted an order re(uiring the respondent to produice certain letters an( pa ers relating to dispensary No. T2 in the citv of Charleston. In pu rsnance of said order the reppontent proice( certain letters andQ papecntain that they\ we-tre all that w1\ere in his p)osse-ssion at the time said( order was granted. -Afterwards anutfler ()rder was issled by this court requiring the respondent to show cause why he should not be attached for contempt of court in failing to obey its man date. "The respondent made return to the effect that he did not have at the time the original order was issued any letter or papers in his posses sion of the character described in the petition except those heretofore produced. "The court will not issue another order requiring the respondent to produce said letters and papers, but will simply consider the question whether the respondent should be adjudged in contempt of court. "The return is verified, and there is no testimony to the effect that it is false. "Under these circumstances it must be accepted as true, and the rule discharged." As. soon as Chief justice Pope had read this order dismissing the proceedings State Senator Hay arose and stated that on behalf of the cornmittee, of which he was chairman he wished to make a statement. Monday Mr. Justice Jones in referring to the work of the committee had suggested that the investigation committee was undertaking to use the court as a ca's paw in its effort to pull chest nuts- out of the fire. He thought that this was something of an im putation against the committee, and he wished to say on behalf of the committee that no such intention existed. Senator Hay then went on to say as a matter of fact all the courts are cat's paws in the effort to secure' justice. The courts were cats'ipaws for litigrants in every effort to collect money and for peo pe who sought to recover proper ty or to secure damages. It was not always pleasant for the court to be used in such a wvay but that in car rying out the purposes of the law that they were always, more or less, doing some such things and it wvas more unpleasant to the investiga Iting committee than for the court Ito have to do what it had done, but that the committee after due consid eration thought that the proceed Iing that it had taken wa's the only way by which it could get at cer: tain papers which it thought wvere in the possession of Mr. Farnum. P1L een in the I t. We have ked the Cha ATTANOOGA REVE Plow built As a matter of fact the committee did not know what letters and pa pers Mr. Farnum had and it was more or less in the dark in its ei fort to carry out the instructions of the general assembly but it did know and it did undertake to show to the court that 1r. Farnum had not turned over to the court all of the letters in the dispensary and on that account it notified the court of the letter of Mr. Block. He wished to emphatically state that the com mittee had no intention in the world ot improperly using the court or of uindertaking to mislead it. and that he Xisihed it further understood that he had no i).jection to the order of the Court ()r to anything that it had dcone in this r an other examina tion. and that he and the committee wecre n)er Dfeedv satisfied with what ever the court had done. in a pre vious orLr f the court it had held that the papers in dispensary No. 12 were public records and that Mr. Farnum had no right to do away with them. The committee had never ben able to examine Mr. Farnum and had never been able to find out definitely what papers were in the dispensary, and that was the reason that it was suggested that Mr. Farnum should be brought be fore the court for investigation. He. as chairman of the committee, wished to say for himself and his I associates that nothing had un knowingly been kept back from the court. In closing his statement to the court, Mr. Hay emphasized the point that the committee was not at all disgruntled or dissatisfied, but wished to make it plain that it did not intend to use the court as a cat's paw. Mr. Associate Justice Jones said that he had intended that whatever statement was made was upon his personal responsibility, and he wished to assume a full and per sonaf responsibility for the state ment made Monday with reference to the committee, and he then re iterated that he had no personal reflections to make against any member of the committee. that they were all his friends~ an~d that his impression was that an effort was bein..; made to hax the court exer cisc its judicip1l arm without legal autWerity, ard caf~t the effort was to have the court assume to do work and secure papers and records which wvere not the legal obligation of the court but which were the purposes for which the committee were appointed. The court was asked to hold Mr. Farnum in con tempt for papers that there was no evidence were in existence at the time that the original ordler lof the court was issued and that had there been such evidence the proposition may have been different. The court cannot become an investigating committee, and while it is willing to do everything that it can to car rvotand further all the laws of thestteit cannot undertake to do work that is without its province. All that he wished to say was that the court ought to be given full evi dence and all of the facts. Of course he wished it understood that he had no reason to reflect upon or to say anything unkind to the OV NiPLEMENT handled all ttanooga aft SIBLE DISC PLOW r MarI committee. M\r. Chief Justice Pope went on to say that it was barely possible that some interesting papers or something which may bear upon the investigation may have been over looked, and on that account Mr. Mordecai had been asked for the key of the trunk which he has will ingly surrendered. The court ex pects to make another examination of the trunk to see if this Block let ter or any others were in the trunk. as they may have been overlooked upon the first investigation. and if anything was found it would be turned over to the committee. Mr. Mordecai stated that he had no objection to the court going into the trunk again as there was noth ing to conceal. biut he expected to have the privilege of seeing all pa pers before they were turned over to the committee and to then object if lie thought proper. Mr. justice Woods asked if Mr. Mordecai still objected to the en tire trunk being turned over to the committee and Mr. Mordecai said that he did. Chicago Record Herald. "My goodness," said Mrs. Nu ritch, as they were passing through the Louvre. "What is it, ma ?" asked her beautiful daughter. "It seems to me most of the paint ings in here are copies from brew ery calendars they get up over home." Philadelphia Record. Nell-Maud says she gets her good looks from her mother. Bell-I had no idea that her mother was so stingy. Not money, but the love of it, is the root of evil. The right use of money brings only good. SALE PERSONAL PROPERTY I will sell at the late residence of ~J. L.Counts, deceased, on Friday, January 26, 1906, the following personal property of the estate of said deceased: Household . and kitchen furniture, shop tools, wag on, etc. Terms of sale cash. Mrs. M. L. Counts, Executrix. (Schedule in Effect April 16, 1905.) .No- 52. 'Daily. Lv. Newberry. ...... ... % .I.>.m. Ar. Laurens. ...... ...--1.50 9. ml No. 2. Daily, Lv. Laurens..... ........50S p. m. Ar. Greenwood............. 2.46 p. m. Ar. Augusta............ ...--5.20 p. m. Ar. 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