The herald and news. (Newberry S.C.) 1903-1937, March 29, 1907, Page TWO, Image 2
SUPREME COURT'S DECISION
ON DIRECTORS' REMOVA
Decaares It Has No Power to Revie
Action Taken by Gov. Ansel in
February--Justice Gary
Adds That it Was a
Speculative Case.
The supreme court has filed i
opinion in the ease of the state e
relatione, J. M. Rawlinson. Joli
Black and Joseph B. Wylie. relator
vs. the Hon. Martin F. Ansel. a. ,
emor of the State of South Carolin;
respondent. Thi. is the case i
which the board of direiors of Ill
state dispensary econtested the riI
of the eovern :r to remove tfhem froi
office. The case was heard some tim
Ago and the applintion f. or q writ o
cert iorarii ref use.i. bu~it the reason
for Ibe ref I.r : .: atnid a
the timll :. wfr t en f,r the firs
eir R
t .
-An
-*. i'
TT
1* - 1 1u
ca-t wV
e:. I
'' '''I b
hu w l) e ( 'a Ji!. 'p.
provi' by the ::1e b a6
19 7 repeln h i,'-r a
creating the ofli'e beki] b)y petition
era, and thereby abolishIi n::te .same.
and inquiry was made as to. whether
the p)roceedings raised merelyi a spe
eulative question. The court takes
judicial notice of the act abolishing
the officee in question. It is the usual
practice of this court not to consider
questions which are merely specula
tive. The writ of certiorari will not
be issued unless it appears that it
will be available to relieve some ae
tual or substantial wrong or injury
of &he applicant. Counsel for peti..
tiieer soult to meet this dirt'ieul
.. Iv by moviw,i tll. an aietidment stiw
:viing a rith tilt emoluients of
W oflke and tihe aeernal (if such emolu
mients which would be effected by
these proceedings. The court decliied
to permit such amendments, holding
it immaterial to title to office and its
emohiints were not involved in this
5 proCeedinz.
2. The attorney general repres
entinig the governor does not wish
the ease to be determined upon the
fo e rounds. but requests that
thle a.iurt pass upon thle broader ques
ion of jurisdiction raised by the re
un. We will therefore carefully
Iconsideir t his great question. because
it is always and essentially the pro
vint e of the court to construe the
von ltitution :1nd laws and thereby
de"crmine the limits of its jurisdie
n discharzing this duty the
anb a sert its juriisdiet ion
ar. wiithout fear or favor.
h u:. ever keep a zealous watch
n 'ove of plowr or otlher caiuic
2tO :eer'aach upon or us
naZnsits owt.'
ula fl his
he petition
.Tanuary.
'the gzov
.1a c rol" 'n ,rI the objee
nop&i rs. It then says:
T' I . e petition is that
- rve in. this case
xereelOed a: will or
a power to re
- ha: 51neh a powor is
it the ot'licer upon
e c-lr s cnferred is
w hy\ er:iorrIIi for want
x....-.....r. .:iction or errors of
x j x t ine o r isn
wh:etheor the
e u:i.ve Iin any
v.- 1 V i'vVI Nv: e
Sion 27. of the con
Ilrovidez: 'Ofieers shall be
o vedl or aaciy. misconduct
- * l &t f ity in such manner as
h prv d by law when no
r: a r reOwval iz provided
.'- ns mode of
- N p i.1e in the
Local In
k. v. 1 ' td a,1
re
Thrug Pulin--ma
Conv e Ain SR
Ass:. Cen Pass. Agent,
0.r N,
Just A
Our 29th car, akinrg 3 65
F :mur, has arrived and going ra~
F sur has advancoed 40 to50
advance.
Best Patent - ..
Best Half Patent -
Every barrel guaranteed. Be
I1ng hundreds, let us seil you.
Moseeai
i nPOoPERI
hY Whit'lh removal was to be made,
the statute conferried upo n the gov- 4
ernor the power to remove at his dis
eretion. tider such procedure as lie
ehose to adopt for his own satisfac
tion. It is not contended that the
governor had no power bf reioval in
this case, but the' objections 'go to
the manner in which lie exercised his
jiurisdietion. If, however, lie bad dis- C
cretion to remove without a hearing
petitioners were not denied any legal
right, but received favor so far as (
they were allowed opportunity to
make defense after notice of charges:
They accepted their office subject, to I
the power of summary removal by
the governor.
Jurisdiction of Court. C
"We will now consider whether
this court has jurisdiction to issue the
writ of certiorari to review the ate
tion of the governor in any -case. The (
artile f tlie constiitutioll which inl
Vests this court with this power coIn
lains no limitations as to the person
subject to such writ, but this gruit
of power must necessarily be harnion-!
ized with aitiele 1. section 14. of the
constitultion. whieh provides: 'it tle
W!'rnmnt,1 of t hiis state. tie leis
lativye. excttiv and judicial powers (
ot the _'overn-lilleit shall be forev vi.
separat1e iand distinct from each ot.h- s
er, anIld no person or persons exercis- 0
in tle functions of One of said de- F
par-mients shall assume or dischare,.
the duties of any other.' and sect:in
i of art ieie 14. .The supreme exet'll
live aut hority of this state shall be
vetdin a vihief ma.n-trate, whAO,
hIall he sI yled the _o vernor of the
state of Southb C'arol'ina. ' Under re
'2bhlicani zoverin men. such its onr'
-zovOIeilI!v lies w'ilth the people. Th is
'"verei.t.'i is de -ated by the pe.
ple utnder the et.:titution1 to the
t ee depatmenlti x0. e lctive. j:di
el :rd l.:i:atve.whlitch are coordi
n:' ie andl idpendent anid it muitt fIl
l'w that each il .peme as to ma:
ters 2 wi:hi i Wt ' 1w hie of act i.F
sa.ij'rt a! 'i.e to the limitati.
eUiks a:d balances pi'ovided in the
e-- tmiut':. This .eneral rule is
eayv t. state. hut some difficul:y\
arises in its application. All the an
thorities aziree that in the exercise of
a diseretionary offlicial act anl execui
five oflieer,can not be restrained or
by the judicial department.
The court would doubtless not
hecsitate t. issue mandamus again,i
any ..-iard of hich the ,overnori
a tr.emberi tI c'iipeilOrformace ,,f
a mnmiy:erial duty and. if any judieiai
u.:.::sh. :idi . con :ferred oe stuch
T1','ar. Those who ar tzne -i. fav
or 'f subjeciin: the z mvernor to judi- C
' a i'r a l- n hqis aetiionm al-ne is
--. .. :--.ira stop in: ,lace '
e M. i':: the pef:n ce
2::(sail:' m i.ii
'U
n Sleeping Cars
ugh Trains.
liedules on All:
Trains.
to all\ Wnater Resor:s.
toi I(.tes. Routes. Etc.,
R nilway Ticket Agent
,W. Hunt
Division Pass. Ager.t.
Charleston. S. C
BE
bb. n e onl mae ih
- - - $4.5F
barrel buy cice aenesel
TYbl, and weolymk.sih
!. B. JONES
RESTAURANT
IS THE PLACE TO GET
jood Things to Ea
fN SHORT NOTIOE AND
AT MODERATE PRIOEJ
ysters on Half Shel. Oysters an
tyle.. Fish, Game, Steak, in fac
verything that the market afford
Patronage of Ladies Solicited.
pposite Newberry Hotel Office an,
Next Door to Pool Room.
LOOK FOR THE SIGN
! Ba JONES
RESTUAURANT
F. M. AUGUSTINE, BEEF MARK
ET.
est steak ........... 12 1-2 ets
t her eats frokm 6 , 8and 1oe. per lb
Lrk 12 1-2 cents per lb.
teak Pork 13 cents per 1b.
ysters. oest 40 cents per quart.
ish, etc. Near Senn's store.
$150 PER MONTH
Wlhv work for a mere living wier
ni can easily clear $7 profit on eael
illar. Work in your own locality
ills at almost every home over and
er ag1ain. Plan and complete in
ructien by return mail for 25 centE
Idress. J. F. Clark. Conway, Ark.
DON'T
ORGET THE WAY
TO
'ANT'S GROCERY
hat's the place to get
good fresh things
to eat.
We keep new goods
oming all the time.
Full line of staple and
3ncy groceries always
0 hand.
Fresh bread from Co
ambea every day.
Yours to please,
'ANT'S GROCERY.
Pianos
AND
Organs
At Factory Prices.
Mrite us at once for our special plan
>f payments on a Piano or Organ
f you buy either instrument through
is, you get a standard make, one
hat will last a life-time. Write
Malone Music House
COLUMBIA, S. C.,
For Catalogues, Terms, Etc.
CZEMA and PILE CURE
REE K""ci"g what it was to suffe,
I1il give FREE OF CH ARGE
any afflicted a positive cure for Ecze
a, Salt Rhum, t;rysipelas, Piles anid
tin Diseases. Instant Relief Don't
ffer longer. Write F. W. WILLIA MS,
0 Manhattan Avenue, New York. En
>se Stamp.
NOTICE.
Before letting
he contract for
tour new build
ng see W. T. Liv
ngston. B e st
Work. Lowest
>rices.
Lock Box No. 59.,
Newberry, S. C
'FE RTIi
--: al
Acid Phc
Always Us
MAN UFAC
ANDERSON PHOSP
Andersi
Agents at i
~We Are WaIiiia
S'ar; wit'i a small deposit.
stantial prosper ty. Steady st.
of affluence. A dead dollar isi
which earns you nothing and Is
live dollar is the one which you
always safe and earning interes
no danger to your cash as i: is
interests are always taken into<
cial institution proved trustwortl
If not a customer of ours wh3
Come to see us anyway.
THE BANK OF
Prosperi
G. Y. Hunter, President.
J. S. Wheeler, Vicd-President.
pv' .1 '
',2
AN EASTER
Som , dear little friend of you
would send them an Easter gift
want. So whether you want to
have you bring or send the chil
new and pretty Easter novelties
MAYES' B
Columbian Beauty Seed Corn,
took the t,remium at the 'World's Ft
grain and small Cob, weighs 6o I
the Stalk ; grows from 150 to 200 13
weight in gold. The Seed fromi
brought here from Genoa, Italy, it
The price of this valuable Corn is,
30c One Pb6und Soc. Three P'ou
Bushel $3 50, (..ne Bushel $5 00,
$1 2.00. Every packag" guaran iee
cheerfully refunded at once, A
W\aterme!on, Tomato und Pum pk
Corn order- I refer you to I Ion.
W\inston-Salemn, N. C., or to aniy rel
today and be ready to plant when ti
ways the chaapest. For a success,
THE DAISY SEI
RI. F. D). No. 3, Wir
4 NOTICE OF ELECTION.4
Pur1i-nant to anI A\ct of1 the General
\.\senabl of t he state o,f South Car
(,1n a. ent itlIed ' 'k A c A(t to dlevolve'
thle hit Ii'.. of. thle Board of P~ublic
Wourks of the Town of Newberry upl
On Town Council of said Town '' ap
proved the 13th day of Feby,, 1907,
notice is hereby given that an elec
tion will be held on Tuesday the 2nd
day of A pril, 1907, at the usual voting
place in the Council Chamber upon,
the (juesition of "approval'' or
''against approval'' of said Act.
Polls to be opened at 8.00 o'clock
a. mn., and elosed at 6.00 o'clock p. m.
All qualified voters of the Towvn of
Newberry will be eligile to vote in
said election. The following will act
as managers: F.. Inay
-IZE RSr
~d
>sphates.
e the Best.
TURED BY
HATE AND OIL CO.9
n, S. C.
ffl Stations.
to Wait On Iou4o
.i.tle savings now mean sub
!.ams of savings make the flood.
he one which you hide away;
liable to turn up missing. A
place in this Bank where it is
t. When left with us there is
properly cared for and your
:onsideration. A reliable finan
iy by years satisfactory service.
not become one?
PROSPERITY,
ty, S. C.
J. F. Browne, Cashier.
SURPRISE.
rs would be made happy if you
I have just the things they
buy or not, I will be glad to
lien and let them see the many
IMP ANY,
he premium corn of the world. It
ir. The Corn is snow white, large
ounids t9 the Bushel, 3 to 5 Ears to
ishels to the Acre. It is worth its
which this Corn wa.s grown was
1890, ly Cl. Geo. Siewers. The
by inail postaige paid. Itilf Pound
uds $r C<x, One Pec k $2 0o., H-alf
TI wo luhl!s $9.t o, T'hre.e Bushels
d to give sa( fahct ion or monecy
>~ackage of thbe World's Premium
in Seeds go FR EE with every
J. P. Stan:toun, ex-register of deeds,
iable mncehant in t he city. Order
ec season comes. The best is al
D COMPANY,
aston-Salemi, N. C
Jno. A. Suammer.
A. T. Brown,
Eug. S. Werts, .Mayor.
C. & TI. T. C. N.
Norfolk, Va., 2-20-07.
Mr s .Stieff,
Balt imore, Mdl.
Dear Sir:
Tt gives me pleasure to infr'om you
tbat the Board of Governors of the
.Jamnesto wnm Exposition Company, act
ing -on the reommendation of the
Burecau of Muijc, after investigation j
of pianos of the highuest grade, have '
seleCced thme Stieff Piano as the om.
rsal piano of our' exposition. We vI
require ,a mnmber. of your concert1
f.randl pianos.
Respeclfully,
C. Brooks Johnston,
Chmairm nu,a ardo Goer'~.