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GOVERNOR A'ND SUPREME COURT. Georgetown County Controversy Brought to Close by Assigning Judge Gary. The State, 8th. The controversy over the special judge for the Georgetown county eourt betwen the supreme court and Gov. Blease was brought to an end yesterday when Ernest Gary. a dis engaged circuit judge, was assigned by Chief Justice Jones to hold court in that county commencing on March 20. Walter Hazard, of Georgetown, had beeP indorsed by the Georgetown Cou2y Bar association to the supreme couV for special judge. Gov. Blease said yesterday that the name of Walter Hazard was included in the list of "eligibles," that he had not announced, in fact, it was the next mame 'on the list that -he had promised to furnish. The indorsement was sent several days ago to the chief justice. However, Gov. Blease said that he would commission Mr. Hazard should his name be presented by the supreme court. Another special judge development I was the recommendation by the chief justice of F. L. Willcox. of Florence, to be commissioned to hold the Flor ence county court commencing next Monday. Z.- Letters Not Oiven Out. The following letters which throw additional light upon the controversy with reference to the special judge for Horry county, between the Supreme court and Gov. Blease are published today for the first time. The letters kave not yet been given out by the ehief executive: "I am ii receipt of your letter of Februaty 28, in which you give a list (f 22 lawyers whom you suggest as kIualified and competent to serve as special judge, and in which you ex press willingness to furnish other names if those suggested are not by me deemed worthy to serve. "I shall not call upon you, governor, to furnish any such list and regret that you have troubled yourself with a matter beyond the scope of your executive powers." This letter was dated March 1. Ignored Recommendations. The following is another letter ad * dressed by Chief Justice Jones to Gov. Blease on February 21: "Being advised that Judge J. C. Klugh, becanse 'of illness, is unable eo hold the regular court of common pleas and general sessions for Horry county, commencing February 27, to which he was regularly assigned, and there being no other circuit judge dis engaged, pursuant to section 2,743 1 code of law, I respectfully recommend that you issue a commission to C. P. Quattlebaum, Esq., learned in the law, as special judge to hold said court." This letter was ignored by Gov. Blease.' Criticises Supreme Court. "I am still of the opinion that the act is unconstitutional and I regret that the Davis negro's fate happened to come in at this time, for if it had not 'been for this controversy, I am satisfied that this question would not have been lugged into the case." 'This critical statement was made of the supreme court by Gov. Blease * in announcing his position as to the commission of special judges. Defines His Position. Gov. Blease defines 'his pos-ition as to'the commission of special judges as follows: "My position, in the spe cial judge appointments is, that where a regular judge is disengaged (that is, not holding court) the supreme court shall designate the disengaged judge; but, wher there is no regular judge disengaged, then, under the constitu tion, it is clearly the duty of the gov ernor to appoint and commission. In my opinion, the act of the legislature, saying that the governor shall ap point upon the recommendation of the chief justice, is clearly unconstitu tional. This was my opinion, as. ex pressed in my two messages upon this subject to the genral assembly. Does Not Change His Opinion. "The decision in the Davis case does not in the le'ast alter or change my opinion or my views. I am still of the opinion that the act is unconsti tutional and I regret that the Davis negro's fate 'happened to come in just at this time, for if it had not been' for this controversy, I am satisfied - this question would not have been' lugged into the case. The issue there being, not as to the appointment of the judge, for 'that was clearly regu lar as he had been appoinnted and comn missioned by the governor; but, the question wa whether or not the gov ernor could call a special term of~ court, and is not analagous with the question raised by me with the legis lature." Inicrease of "EIigib~les.'' The folwing additional list of those "eligible" for commission as. special judges has been prepared by Gov. I >e which will very likely be ssntt in ureomeournnt Walter Hazard, Georgetown; F. H. Dominic: Newberry; J. Edward McDonal Winnsboro; ". F. Warren, Hamptor C. J. Ramage, Saluda; W. H. Hun Newberry, ar.d W. H. Holman, Cha: leston. Gov. Blease said yesterday that i making up the "eligible" list whic he sent to the supreme court that I had named a member of the bar froi every county in South Carolina an that in some instances he 'had name more than one and as many as thr( or four. He said that he thought the list tc long and sta::ed at the end of his le ter to the supreme court that thel were others that might be named. Ruling by Court. The supreme court in an opinio by Chief Justice Jones recently rulE that the governor must commissio special judges upon the recommend, tion of the supreme court. Go Blease takes the pos-tion that he i the chief executive of the State an that the supreme court has not autl ority over him. He said yesterday thE he would commission regardless the recommendation of any one an that he had sent the list of "eligibles to avoid friction with the judicial d( partment of the government. GOVERNOR GIVES CORRECT LIS' Three Names of "Eligibles" Omitte From List First Published-The Full List. News and Ccurier. Columbia, March 6.-Gov. Bleasi when asked Monday as to whether r( ports from Florence, to the effect thE he had submitted to the suprem Court a list of attorneys when 'he wa willing to commission, upon th court's recommendation, as speci, judges, said that the list as publishe was, for the most part, correct; "but he added, "of course they had to lie little on me, to make it interesting Gov. Blease furnished, upon ri quest, -a copy of his letter, as- followc The Governor's Letter. The Hon. Ira B. Jones, Chief Ju! tice, Lancaster-Dear Sir: I woul respectfully suggest to you the fo lowing named gentlemen, members< the bar of South Carolina, who a: qualified, competenit and well enoug learned in the law, to hold, any cou: that may be 'held or will have to 1 held in this State: W. N. Graydon, Abbeville; John Breazeale, Anderson; Arthur Bes Barnwell; C. C. Simms, Barnwell; I P. Pollock, Cheraw; T. Bothwell Bu ler, Gaffney; George W. Brown, Da lington; Samuel McGowan Simkin Edgefield; G. Willard Ragsda.le, Flo ence; J. M. Cannon, Laurens; Tho G. McLeod, Bishopville; B. F. Kell Bishopville; T. I. Rogers, Bennett ville; F. L. Bynumn, Newberry; T'hc F. Brantley, Orangebu.rg; Samuel Nicholls, Spartanburg; W. B. Wilso Sr., Rock Hill; Jas. P. Carey, Ja Pickens; James E. Peurifoy, Walte boro; Leroy Lee, Kingstree; Robe H. Welch, Columbia; R. 0. Purd Sumter. There ,are many, other names whic I could furnish you and which I wi be pleased 'to furnish, if there a: none on this list which you think a: worthy of at some time being a sp cial judge. SVery respectfully, Cole. L. Bleose, Governor. Columbia, February 26. Three Names Omitted. Comparison of this letter with ti story on the subject published in ti Florence Daily Times--of which pal er Representative Hartwell M. Ayi is editor and proprietor-shows th1 the Florence article gav the :lis correctly except for a few errors to initials and the omission Messrs. Bynum, Nicholls and Wilso The governor, it will be noted, dot not in his letter inform the court tha it need not expect him to commissi< any person other than those liste by him, but, in discussions of the ma ter on the streets, that is the meanir attached to the communication. Another Clash Imminent. Another clash between the govern< and the supreme court is now immia ent, for the Georgetown bar has sus gested to the court the designation < Mr. Walter I. Hatard, of Georgetow: as a special judge, 'to preside over term of the Georgetown county cour soon to be convened. Mr. Hazard name does not appear on the gove nor's list of eligibles and it remair to be seen wheth.er G-ov. Blease wi refuse to commission him in case ti court recommends his appointment. I the decision handed down Saturda: the court held that the commissionin of a citizen whom the supreme couw might recommend for special judg was an act purely ministerial, ti performance of which is obligato2 uon the governor; he can no' mci withho!d the commission than he ca refuse to commission an officer elec ed by the general assembly. Mandamus May Issue. Should the governor tbn. in ti face of this decision, decline to im' a cornmi~ion tc~ "~'' court's recommendation, there would 1, be presented, squarely, the question t; whether the supreme court can man t, damus the governor to perform a min - isterial act. In its decision of Satur day there is the intimation that in n such event the writ of maindamus h would issue, but the court intimates e also that with issuance of the writ n the court would stop. In the language d of Justice Taney, quoted by the court, d "the judiciary" would then have "ex e hausted itself." This would relieve the court from the necessity of actual o ly coercing the governor, but would L- lay on him the onus of non-obedience -e to the solemn command of the State's highest tribunal, in which is vested by the people the ultimate right of con n struing the law, the governor also be d ing bound by law to support, uphold n and defend the law, as by the court t- interpreted. V. The Black Case. s The question whether the governor d can be mandamused has never been L- presented squarely to the courts. tt When Governor Ansel dismissed Dis >f pensary Directors Black, Rawlinson d and Wylie, these directors, in the ori " ginal jurisdiction of the supreme - court sought a writ of mandamus, di recting the governor not to interfere with them. The court decided the mat - ter on another 'ground, saying that the question 'whether mandamus would d run against the head of the executive department was not raised by the is sues involved; when it was properly presnted the court W&Uld to the best of its abilty to decide it. Circuit Judge 11L. Tht need for a special judge at t Georgetown arises from the same cir e cumstances as that which caused the .s request for a special judge in Horry .e the illness of the Hon. J. C. Klugh, of Ll Abbeville, the circuit judge who was d to have presided over the courts of " that circuit this spring. Gov. Blease a is quoted as having declared that Judge Klugh ought to resagn. The Best Eulogy. Augusta Chronicle, Feb. 24. Cascades of poesy and avalanches d of rhetoric too often characterize ora 1- torical tributes to the defbarted. Read ing the great memorial orations, or 'hearing the average ones, you are hstruck by the fact that verbosity ex et ceeds sincerity--words as a rule arf emade to serve for 'feeling. One sentence from the heart is worth a dozen pages from the tonguE tor mind. He who feels is bound tc convey some measure of his feelings tthose about him. He 'who speak: r- by rote. however so 'beautifully, fails to sever the latchstrings of sentiment r- Senator Tillman's tribute to depart edassociates, Dolliver and Clay, is a specimen of genuine oratory-crysta ,lized eloquence. Rhetorically there i~ nothing to the words he uttered, bu they are clothed with the ga-rb of sin cerity and carry echoes 'to the hear even when presented in the cold ani passionless form of print. rWe quote his concluding words: Dolliver; as we all called him, was a great man. Great men are plen'tifu: hin 'this country, but not as great as 1Dolliver. Good men are plentiful it ethis country, but not as good 'as Clay They both have left us and we kno'a _not how soon our own time may come I 'feel that with esDecial force. But but I can not go on, Mr. President. ] have thought, but the words. will nol come. So I will sit down. The veteran senator from Souti Carolina migh,t have ransacked th< ie classics for metaphors, :he might havE e spread the liberal stones of the Eng -lish language over a 'discourse o: r hours, and 'have failed .utterly in pay it ing so touching a tribuite to the friends ~t who have passed away. L's "I have thoughts, but the words fwon't come!" How often have w. -seen -the lover, the friend, the com spanion, bending over the lifeless forn tand the forever-sealed lips of one wh< 'nl had gone, unable to gi;ve utterance tc Ni a single apothegm of grief or one t-~ syllable of despair! And that sad g tragedy to the surviving when noi even tears will relieve the silently burning heart speaks its pa,thetic elo > quence to us nearly every day! 1- Then comes 'the mourner with pro fuse tears of storm of words, behind >fwhose countenances we cati see the 2, lurking seeds of quick recovery, and a all their outward demonstrations of t,~ grief appall our very souls! 's There is no language to express and -no 'heavenly tears to drown the bit tS terest 'sorrows; an.d the deepest grief 11 leaves no scars. Ie Senator Tillman conveyed that im n pression which every wordy tribute ,seeks, but often fails to convey genu gmie sorrow. 5' eLOST-A seal grain bill book con y taining two notes, one for $100.00, -e payable on demand, and one for n $20.00, said notes made payable to t- G. W. Cromer. I warn every body not to take said notes as collateral or otherwise. Anyone finding said e notes and returning same to the un e dersigned will be rewarded. G. W. ".',rner, Pro~;per~ty, S. C. 3-7-2t. 1 CHICAGO E. ST. LOUIS f MoRRIs "SUPREME" and "SOUTHERN BI BRANDS When the farn for a week or a mo and maturing elem he lays himself lia fruit, and to the g the use of our "Sui made of the highes Blood, Bone and Tankage, r tinuously from the time the see< wet seasons much better than o They are finely ground and absc Call on your nearest de It he can't supply you, write t so you can see what our custom< big crops for others, give them Don't be satisfied to buy "Supreme" or "Southei S. C., J. S. Wessinger, Chapin, S. C A D, Hudson, Newberry, S. C., Smi Wood'sSeeds For The Farm anz Garden have an established reputation extending over thirty years, be ing planted and used extensively by the best Farmers and Garden ers throughout the Middle and Southern States. Wood's New for 1911 will Seed Catalog M &"I as to what crops and seeds to plant for success and profit. Our pub lications have long .been noted for the full and complete infor mation which they give. Catalog mailed free on request. Write for it. T. W. WOOD & SONS, Seedsmnen, - Richmond, Va. SKIN AND SCALP TROUBLES YIELD TO ZEMO TREATMENT. A Clean Ligeid Preparation for Exter nal Use. W. G... ffayes' Drug Store is so con fidient that ZEMO and ZEMO soap used together will rid the skini or scalp of infant or grown person of pimples, blackheads, drandruff, eczema, prickly heat, rashes, hives, ivy poison or any other form of skina or scalp eruption, that they will give your money back if you are not entirely satisfied with the resulits obtained from the use of ZEMO and the soap. The first application will give prompt relief and show an improve ment and in every instance where us ed persistently, will destroy the germ1 life, leaving the skin in a clean, heal thy condition. 1Sold and guaranteed by druggists everywhere and in Newberry by W. C. Mayes. ILet us show you proof of some re markable cures made by ZEMO andl give you a 32 page booklet how to preserve the skin. Now is the time t*subscribe to The1 I erald and News. HKICHESTER,S PILLS Ladles! As k yorDrugI for X boxes, sealed with Blue Ribbon. 1PYPRIiSSEiYW5b Tako no othe.r Bu C FTEoR * ) '11f KIN)PLS oyens kno-vn. as Best, Safeat, Alwa y Rei!He CASE AFTER CASE. lenty More Like This in Newberry. .r< Scores of Newberry people can telle you about Doan's Kidney Pills. Many D a happy citizen markes a public state- ba ment of his experience. Here is a S case 'of it. What better proof of merit ti r an be had than such endorsement? h M. M. Graham, Newberry, S. C.. h< says: "[ used D)oan's Kidney Pills a:id si hey did me so much goodl that I do I ~:ot hesitate to recommend them. My n back echedl, particularly at night and i I was often unable to sleep well. The pain seated itself across the small of ca my back and made it impossible for N me to assume any positon that was S comfortable. The kidney secretions contained sediment and were so fre- ti j KANSAS CITY ST. JOSE 'RTILIZE 14pt FACTUR Es R . -BLOC ATLANTA, GA. [er buys fertilizer, lie is providing r nth, but as long as there is need of nnt. Unless he buys with this one ble to losses incident to a stunted reater loss of shedding. All thes< preme" and "Southern Big" Br t class of materials known to the tr repared according to our improved i I sprouts till the crop matures. T ther fertilizers and keep the plant lutely dry, thus insuring easy, ever aler fdr a copy of our 1911 rs direct and we will promptly mc rs say about them. Our Fertilize: a chance to do the same for you. "just guano," but INSIST on gE rn Big" Brands. They are a FOR SALE BY Mercantile Co., Kinards, S. C., Sheal th as. H. Eargle, Pomaria, S. C. 1441 C47You Tel ff you could telephon Sthis Farmer in case of sickn live stock, you could prob I valuablIe animal. Every F par ed for such emergencies The telephone costs Sput :ne on,your Farm ? frOuir free booklet gives frit today. Address farmners Line D3epartin SOTHERN BELL TELU Ca TELEJGRA2PH CON 1633m ra~ ryer st., Afiani In its ninth year of~ Sunfivaledpopuilar- 4 *ity,with an annu saleS0of millions yoR knaown to-day the counhej over as the? "ON E CCFF EE"OfW and modefatepjtice @ THE REIY TAYLOR CO. NEW ORLEANS. U.S.A. ent in passage that I had to arise ~veral times at night. The various medies I tried proved of no avail1 d I 'had about given up hope ofj ter being curad when I heard of oan's Kidney Pills. I procured a x at W. E. Pelhamn & Son's Drug Lore and decided to try them, al ough I did not think they would alp me. I was agreeably surprised, wever, as they went directly to the yat of my trouble and effected a cure. , have had no return attack of kid- - y.complaint and believe that the 'edit is due to Dean's Kidney Pills. For sale by all dealers. Price 50 nts. Foster-Milburn Co., Buffalo, wi] ew York, sole agents for the U~nited ne< tates. tie: Remember the r am.e-Doan's-anld Ho Lke no other. :nO :PH OKLAHOMA CITY IPANY ID, BONE nd TANKAGE FERTILIZERS lant food for his crop-not plant food as a sustaining idea prominently in view, growth both in stalk and a losses can be avoided by and Fertilizers, which are ade. nethods, feed the crop cbn. hey stand the drouths and. in much better condition. and uniform distribution. Year Book. dl you a copy rs have made tting the Ill good. y & Derrick, Little lountain . r ephone <* iry? e your veterinary like ess or accident to your ibly save the life of a armer should be pre very little. Why not all the details. Write PHONE E a, Ga. R~EADY M4ONEY of'ten puts opportunity within your each. A chance .for a good invest ment comes sooner or later and if you have the money the j.ro fit is yours; if not, the other fel low gets it. -Open an account with this - bank- and save systematically, you will then have the READY MfONEY when opportunity come your way. We offer you ABSOLUTE SAFETY for your savings, and will allow interest credited quar terly OF POMARIA, Z. T. PINNER, V. L SMiTH, President. Cashier. R. H. HIPP, Vice-President 92. E LD AU [1 answer emergency calls In con tion with his office work. Special s, morphine and other drug habits. urs 9 to 1 forenoon: 4 to 8 after n.10 - 0 I