Historical Newspapers of South Carolina

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SUPREME COURT SAYS POWER RESTS WITH IT' DECISION ON APPOINTHENT OF SPECIAL JUDGES. Says Governor Can Not Appoint Ex Cet Upon Recommendation of Supreme Court. Col.umbia, March 4.-The supreme court in a decision handed down Sat urday by Chief Justice Ira B. Jones emphatically states that the governor can not under the statutes appoint a special judge save upon the recom mendation of the supreme court through the supreme justice thereof. The whole discussion of whether the chief executive is free from the judi cial department of the government in - this matter is renewed in the opinion - which goes back to the constitution and the statutes. pursuant thereto for authority. In the special case that was before the court there was not involved the question of the governor being limit ed to the supreme court's recom mendation to appoint a special judge but the court in taking up the main -question in the case incidentally goes into that question which so moved the general assembly at its recent sitting and caused a serious breach between the 'highest court of this State and Gov. Cole L. Blease on at least two occasions. In brief the decision in the case of the State against James Davis gives the governor authority to ,order spe cial term of court upon the request of the solicitor of the circuit when pub- ] lic policy so demands it. This has; been done many times in the last sev- ' eral years by former Governor Ansel, 'who was usually very careful about the law. In the Davis case the exception was that the governor could not order the special term. The supreme court i rules can order a special term, but can not name the special judge ex cept on the recommendation of the chief justice of the supreme court. James Davis, of Laurens, lost his appeal to the supreme court and hay-1 ing been alreaday convicted of murder and sentenced he will be hanged soon. He was tried at the summer term of corurt in 1910 for the killinig of Ida N'~elson on March 27. Claude Fergus on was indicted at the same time, but :Davis was tried alone. SENDS- IN HIS LISTt TO SUPREME COURT 1 Those Who Nay be Commissioned asI Judge.-Well Known Men In- . cluded. Columbia State, 5th. A list of "eligibles" for commission -i as judges or justices has been Senltc out by Gov. Blease to members of the t supreme court. iNews received from Florence yes-t terday gave the list of those "learned in the law," who would be considered i ~when the recommendation for corn- ': mission comes from the chief justice. 1 The list includes a nu'mber of well- i known attorneys and Gov. Blease t states that should any of these not be e considered he has others he could t suggest. The exa.ct wording of his t~ letter could not be ascertained yes- I terday, but the list is as follows. Le- r roy Lee, Kingstree; W. P. Pollock, Cheraw; S. McC. Simkins, Edgefield;!o George W. Brown, Darlington; J. E. e Breazele, Anderson; Thomas G. Mc L,eod, Bishopville; T. IL Rogers, Ben 1nettsville; W. N. Graydon, Abbeville; I .Arthur Best, Baruwell; Charles Car roll Sims, Barnwell; T. B. Butler, g G-affney; G. W. Ragsdal-e, Winnsboro; J. M. Cannon, Laurens; B. F. Kelley, Bishopville; Thomas F. Brantley, Or angeburg; J. P. Carey, Jr., Pickens; J.2 F. Peurifoy, Walterboro; R. H. Welch, Columbia; R. 0. Purdy, Sumter. AhGED "UNCLE JOE" II LAYS DOWN GAVELFI Washington, March 4.-The valedic tory of Speaker Cannon in laying s down the gavel after his eventful term ~ in the speakership referred to his se-3 lect ion eight years ago, after nearly 30 years' service in the house. Four times, he said, he had received the vote of a majority of the house and become speaker. He recalled when lhe first marched down the aisle to be-' come speaker when present senator John Sharp Williams, of Mississippi, fi introduced him.r "Fromi that time to this," said Mr. Cannon, "I have never forgotten that t my duty to the house was to obey its will and enforce its rules and preside I 'with courtesy and impartiality." t Wo(odrowi Wilson to Address Editors. Colunibia, March 4.-It 'was an- r nonneed tonight that Woodrow Wi!-: son, governor of New .Tersey. had ae- I (..yp)ted an invitation to address the. y BAILY RESIGNED AND THEN HE RECONSIDERED WITHDREW RESIGNATION AT RE QUEST OF GOVER-NOR. Great Lone Star Orator Allowed His Temper to Get Better of His Judgment. Washington, March 4.-Senator Joseph W. Bailey added to the excite ment to the extraordinary episodes surrounding the adjournment of the Sixty-first congress today by resign ing his office as senator from the State of Texas and a few hours later withdrawing his resignation. Angered by the attitude of his dem-' ocratic colleagues in favoring the res olution approving the new constitu tion of Arizona, to whose radical fea tures Mr. Bailey has declared his un dying opposition, he wrote his resig nation and took it to the vice-presi dent with the request that he an nounce it to the senate. Mr. Sherman declined to have anything to do with it; Senator Bacon, importuned in like manner to announce it, took a sim ilar position. Thereupon the Texan telegraphed it to Governor 0. B. Col quitt, of Texas, who promptly refus Bd to accept it, replying as follows: ."I decline to accept your resigna ion as a senator from Texas, and respectfully ask you to withdraw it. Please wire fully." Urged to Reconsider. Meanwhile the resignation was, a ubject of excited discussion aboat the capitol. Many of Mr. Bailey's Democratic colleagues expressed re ret at his action. and those who alked with him urged him to recon ider his action. Not a few prophe ied that he would think better of his lecision "after he cools off," and I would withdraw the resignation. He did withdraw it and this even ng made public the following tele ram sent by him to Gov. Colquitt: "You know how unalterably I am >pposed to these populistic heresies, :nown as the initiative, referendum, Lnd recall, and I would not be willing o remain in the senate or in any ranch of the publio service if a ma ority of the party friends associated ~rith me were 'willing to give thei.r .pproval to them. "I construed the vote of the Dem cratic senators in the senate this orning on the resolution approving he constitution of Arizona as giving heir support 'to those vagaries and nder that impression I promptly te'n ered my resignation. The ablest and nst conspicuous Democrats who vot d that way have given me thfeir as-I ~urance that they did not intend their otes to be so construed and 'have ade through Senator Bacon a state ent in the open senate expressly de ~laring that they utterly disapprove hem. "Under these circumstances and at heir earnest request as well as at or own request supplemented by any messages from my friends in 'exas and some from other states, I ave concluded to withdraw my res nation. I am willing to work to e limit of my strength so long as I 1 an serve the public and at the same ime obey what I understand to be e command.ment of Democratic H rinciples, but no office could tempt e for one moment to compromise< ~rith a policy which I am certain 1 ould in the end destroy the gov-} rnmen't established by our fathers." Senator Tiliman's "Eulogy." Senator Tillrnan of South Carolina, efore he heard that Mr. Bailey had ithdrawn his resignation, issued a tatement in which 'he expressed pro und regret at the Texan's action, I haracterizinfi it as "precipitate and< nwse; the result of passion which e will regret as soon as he cools 1 ~ff." He declared Mr. Bailey "the blest man in the senate without ex eption and one of the best equipped en in public life," and that he had I now'n for years that there was a 1 oterie in the senate envious of Mr. ailey and plotting against his as uming leadership. The senator hasi ayed into their 'hands by his action, Ir. Tillman said. EXTRA SESSION APRIL 4. ~resident Taft Was Prepared for Re ciprocity's Fate in Senate. Washington, March 4.--The Sixty rt congress, heedless of one of thei ost important legislative tasks sett efore it, came to an end shortly af r noon today. Within the hour fol- t >wing President Taft had issued a' roclamation calling the new congress' > meet in extra session at noc-n Tues *ay, April 4. At that time he will submit for atification to a house overwhelming-t r Democratic and to a senate barely; t epblhican, the reciprocity agreement it Canada. The McCall bill, carry 1h:at agrereent into effect and ;3~.~(-I ~JV tJJ' i1~)~i5'~. fll< t)dAy at inc hands of the old senate. the deatb that had been freely predicted for it. President at the Capitol. The president, well war,-ed if not' entirely reconciled to the fate in storE for the measure, was at the capitol to witness the obsequies. The !All was not allowed at any time to come uP in the senate for a moment's consid eration. The permanent tariff board bill, forced to its passage through a re luctant senate at 8.30 o'clock this morning was hurried over to the house, there to be strangled by a Democratic filibuster. The president in the room reserved for him in the senate lobby, heard the news with resignation. Congress provided funds to continue the work of the tempor ary tariff board for another year. TWIN BABIES BURNED TO DEATH IN CRADLE Spartanburg Mach 4.-Baby Flor ence McDowell, the tiny daugter of Mr. and Mrs. W. T. McDowell,' of In man, is dead, and her twin sister is dying from burns received. yesterday afternoon when the covers1 of their cradle caught: fire. Their mother is suffering from severe burns which she sustained in trying to save her ba bies' lives. The twins were iht months old. They were placed in their cradle yes terday afternoon and it was drawn up near the fireplace. Mrs. McDowell left the room to attend to household duties. She was horrified when she return ed into the room later to find the mradle in flames. She snatched the blazing covers from the cradle and extinguished the flames, which were burning the babies' dresses, with her Lands. She was burned all the way tp to the shoulder. When the fire was put out little Florence was dead, and her twin sis er was so badly burned that her re covery would be ILttle short of a niracle. Just how the cradle took fire is omewhat of a mystery. It is sup osed a spark from the fire blew into he cradle, but the fire had burned lown very low. MAMMOTH INDIAN STATUE. ouse Authorizes Memorial to Red Man in New York Harbor. After long delay, Representative souId en, of New York, succeeded at ast in inducing the house 'to pas~s his till for authorizing Rodman Wana naker' and other private citizens to rect on one of the islands of New Eark harbor a giant statue of a typical tmerican Indian as a memorial to the ~ed men. The statue, says a Washington dis tch to the Philadelphia Record, hich will be the work of a great rtst, will be a fitting companion to 3artholdi's gigantic statue of Liberty nlightenng the World, which now tands on Bedloe's Island, in the har r of New York. The Goulden bill contains a stipula ion that entire cost of erecting the ~taute to the American Indian must be orne by Mr. Waniamaker and his as ociates, and that the government hall be asked to contribute nothing ut the site. The Improved Order of Red Men en ored the bill, the project h.aving1 een started in 1909 at a gathering of; rmy officers, Indian "warriors," and reI-known New Yorkers at the home f Rodm.an Wanamaker. This distinctively American- project roused widespread 'interest at the utset, and the bill authorizing the ac ~eptance of Mr. Wannamaker's offer' .o build the statue was presented to ongress last year and was approved y~ committee, but in the press of usiness never reached the house for pproval. The measure was presented gan this year was promptly acted an in committee, andt will now go to he senate for approval. Since no op osition to the plan has developed, it believed it will be passed this ses ion. ~eeral supervision of the erection f the statue -as well as the selection f a design, is given to a comiss ion,: o consist of the chairmen of the ho-use: rnd senate library committees, the ~ecretary off war, the secretary of the avy, and Robert C. Ogden, of New~ ork. The statue will cost several hun-; red thousand doliars, part of whiic.h to be raised by popular subscrip ion. The heroic figure may front the tatue of Liberty and form a gateway rough which visit.ors will enter the: ort of New York. A Poor Fouindation. partanburg Herald. A policy of bitterness. recriudina-; ion and contention is a: poor founda ion for Mr. Blease to build his ca.reerj s governor oSutCarolina on. Now is the time to sutbscribe to The Ier:~!d ard New~. Commer of Newb CA $50 Sul $65 SPECU AND THE SAVINGS ACI The element of chanc tion, while with youri sa, it is a "sure thing" with be safe than sorry. Your savings account home of yourjown, a goc vestment, a vacation [tri mium. The possibilities earnest purpose to save "Just a Dollar as a Stai ings apcounts started at this remark. That "sta high board fence that, o: easy. Our aim is to hel or girl, without regard t come systematic savers. "I'm going to see wha It's a splendid way toi amount is reasonable anc In a short time two doll easier than the start witi *One of our lady dep count her 'First Aid Frie depend on in case she rn The building up of a with watchfulness and ji the surest and safest mei .tency or a fortune. You can have you opening aa accoui INTl DEPA The Bank That AIlw We Solicit Y Jfno. M. Kinard,iPres. 0. B. Ma 'H E tial Bank ierry, S. C. PITAL ,00.00 tPLUS ,000.00 LATION OUNT ARE NOT RELATED :e predominates in specula rings! in this bank you know 4 per cent. interest. Better with this bank may mean a d education, a profitable in p, or a paid insurance pre i are limitedj only by your and your earning capacity. 'ter." -' Three-fourths the sav this bank are coupled with rter" is all important, it's Ta nce cleared, makes progress [p every man or woman, boy o their s.tation in life, to be at a dcilar a week will do." Like a beginning, because the I the accomplishment is sure. trs a week will seem much i one. ositors calls her savings ac nl", it's ons friend she can eds immediate financial aid. savings account, combined idgment in its investment, is ans of acquiring a compe r own bank book by it of $1. Why not? EREST AVINCS RTENT ays Treats You Right our Patronage ~er, V.-Pres. J. Y. McFall, Cashier I