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blease points out error. * Justice Woods Expresses Regret at Mistake?Will Correct?Does Not Change Opinion. ' Columbia, Sept. 26.?Cc^pie? of let-1 +ers which passed between Governor I Blease and Associate Justice Woods in re the opinion in the Anderson magistrates cases follows: September 17, 1912. "Hon. C. A. Woods, Associate Jus^ tice, Supreme Court of South Carolina, Marion, South Carolina.?Sir: lj , notice in an opinion rendered by you for the supreme court, in re appoint-; ment of certain magistrates for the r ^ counties of Spartanburg and Anderson L that you state, in the case of Lyon vs. J Ty"-'-VwT r\4- o 1 44 O T-i /3 + Vw-v rrATT. , Iiiowcien ana xviru>, a.*, ?"u iut j ernor failed to submit the appoint-1 ments at either session." This could | not have been an oversight because it | is inserted in your handwriting in the; typewritten opinion. "I beg to callfto your attention that this statement is erroneous, on the i contrary, by reference to the Journal of the senate of South Carlina, 1912/ page 782, it will be found that I sent! message Xo. 37, to the said senate on J the 13th day of February, 1912, in j which I furnished a list of all appoint-j ments made by me, includirg the coun-| ty of Spartanburg?the fir^t name on the list being W. R. Tanner?th? eighth name being S. S. Tiner?the ? ninth name being T. 0. Fowler and the j twenty-first rame being J. M. Bowden.! The clerk of the senate, however, only I published in the Senate Journal the * names of those who were confirmed, I and failed to published the names in ! the Journal of those who were not! confirmed. The senate having refused ! to confirm the nominations or appointments of the other ir-agistrates, the clerk did this, I presume, upon the motion found at the top of page 783, of said Journal, which reads: "'On motion of Mr. Hardin, the seal : -of secrecy was removed trom tne proceedings of the executive session, so far as the same relates to appointments made by the governor and confirmed by the senate, and the same were ordered published in the Journal: ^ "In the same message, under the head of 'Aiken County,' the original message contains the appointment of L. M. C. Oliveros for master, vice W. N. Jordan, deceased. In the printed Journal, this is left out because he I was not confirmed at that time. "Under the head of 'Beaufort County ' township commissioners were in the original message, but in the Jourr.al were cut out, they not having been confirmed. i 1 . "And other counties, including Anderson, appointments which were set j out in the original message sent in by; me, but were no\ confirmed, are left out of the printed Journal. The original message, which is now in the hands of the clerk of the senate, or l which should be in his hands, (an ex-. ? act and corrected ccpv being on file i in this office) shows that these ap- j ^ pointments were sent to the senate by j me. The senate refused to confirm J * them, and I am satisfied that the sen- i ator from Spartanburg, and other sen-; ators, will confirm my statement and say that these appointments were sent in and that the senate refused to confirm them. "Now, I can not see, Judge, why you ! should put in your judicial record, as j a reflection upon me?the chief execu- 1 tive of the State?a statement which! is absolutely false. I care nothing for j the law as you have decided it in thej magistrate matter; it makes absolutely; no difference to me?and I told some' of the attorneys in these magistrate matters that as soon as the senate refused to confirm, they were no longer magistrates?my construction of the law being that wrhen the vacancies occurred, I had the right to appoint, and when the senate met and refused to ^ ' confirm my appointees that they were no longer magistrates, and that others ^ would have to be appointed to nil the vacancies. Therefore, you have held just what I thought was the law in the Anderson matter, but I can not allow your decision to go unchallenged when vmi nr>pnsp mA of having npp'lpctprj to perform a duty, as chief executive which I did perform, and which it was your duty to know that I did perform aad certainly you should have preeimed that I did perform, as the law presumes that all officers do their duty uatil the contrary is shown, and not , * bave put thi? erroneous statement in your opinion as a renecuon upon me. "A copy of this letter has been mailed *c each of the associate justices and to the chief justice and to all of the ?ir?ait judges of this State, in order tkat they mar see the injustice which been done me by you. "I attach copy of telegrams to and i from the clerk of the senate. ''I hope that before your opinion is ^ r printed in book form and made a permanent record, that you will do n> the fairness to corroct this error and remove this uncalled for reflection upon me in charging me with not doing Everyt represented in the cl third class piano as fi] 00 more for a piano t upon what we tell yo' the money than cai hundreds of piano cu: on us or write us. Holla Greenwood, ! what I did do. i Very respectfully, "(Signed) Cole. L. Blease, "Governor." (Copy). "Columbia, S. C., Sept. 16, 1912. "M. M. Mann, St. Matthews, S. C.? Did not the senate refuse to confirm magistrates T>ner, Bowden, Tanner and Fowler from Spartanburg? In the printed Journal you leave these names out because they were hot confirmed, I presume. Is this correct "(Signed) "Cole. L. Bijase, "Gov rnor.' (Copy). St. Matthews, S. C., Sept. lo, '12. 'Governor Cole. L. Bleas% Colum bis, S. C.?All confirmations ot ai. ointments by governor are published i:. Journal. Deliberations of senate on tlips^f matters being in executive ses-| sion no negative action on appci it-1' ments is published and Journal is al- ways silent thereon. Have no reool- f lection as to particular appointments' mentioned, but had they been confirmed Journal would have shown confirmation. "(Signed) M. M. Mann." | "State of South Carolina, County of J Richland.?Personall came Alex Rowland, who, being duly sworn, says that ~ : ~ ?'?? flnrino- f V> & mntlthS iS> I1Uvv auu ?>aa uuinib ' .? of January and February, 1912, private secretary to Governor Cole. L. Blease. That on the 13th day of Feb-j ruary, 1912, this deponent delivered into the hands of the presiding officer of the State senate of this State an en- i velope containing a message from the [ goyernor, which set out. 'To the hon-r orable, the members of the senate of , the State of South Carolina, gentle-1 men: I herewith transmit to you ap-i. nnintments made bv me since your ses- i 1 ~ w " I sion of 1911. I would have transmitted these to you earlier, but have been i holding them hoping that the supreme court would render a decision in a very important matter which is pendj ing before them in reference to the j appointment of certain officials. I am satisfied that the court will sustain j my position in the matter when their ; decision is finally rendered. However, I I do not deem it advisable to further i delay in sending you the list herewith transmitted.' That this message was I signed by 'Cole. L. Blease,' 'governor.' , ! That, the first page of said message contained general appointments; that f then followed alphabetically, by conn- \ ties, beginning with the county of Abbeville, separate sheets containing the appointments for ihe various counties, j : That the sheet headed "Spartanburg County' contained magistrates and j that the first name on 6aid page was j W. R. Tanner, Cowpens, S. C.; that the ninth name on said page was S. S. j Tiner, Pacolet, S. C.; that the tenth name on said page was T. 0. Fowler, Rei^ville, S. ; that the twenty-sec; ond name on said page -was J. M. Bowden, Spartanburg, S. C.?these being the name? of the magistrate* appointed for the county of Spartanburg and their postoffice addresses at these par- j j ticular named places. That this de| ponent now has in bis possession, in 1 the governors office, an exact copv as , corrected by him and marked 'correct- ! j ed copy, 2, 13, 1912,' and that the said j corrected copy shows the names herein mentioned just as recorded and set out in the original message as de| livered by him to the presiding officer hing In Its f( Even among p tellectual, educa other differences in every article Sare diversities of Each article shou | the class to which some of the very ' also sell some wl as the best. Ev< lass to which it belongs. W 1 J ? 1y 1IA11 H rst Class, Iiur uu we as a. yuu . han it is legitimately worth, u about a piano and we give ; 1 be obtained elsewhere. 1 stomers who will back up wh: nd Brot I of the senate; that the names of W. R. Tanner, /S. S. Tiner, T. 0. Fowler and J. M. Bowden were on this list and that their appointments as magistrates for the county of Spartanburg were submitted to the senate at the session of 1912 for confirmation. "That this deponent's information later was that the senate had declined to confirm the appointments of these four persons. Alex Rowland. "Sworn to before me this 17th day of September, 1912. "Walter L. Mishoe, L. S.t v~*??' I "Notary Public for South Carolina." j (Copy). "Marion, S. C., Sept. 18, 1912. "His Excellency C. L. Blease, Governor of the State of South Carolina, Columbia, S. C.?Sir: Your letter of the 11th inst has just been received. I regret very much the erroneous statement in the opinion written by me that you had not submitted the ap pointment of magistrates to tne s-enaie at its session in "12, having taken as I thought the lost pains to verify the statement of facts, the mistake is a great surprise. Xo doubt the statement was based on the. uncontroverted allegations of the original complaint in the Bowden case, which you willj find set out in full in the opinion of Associate Justice Watts, as typical of j all the cases, one of the allegations j Koincr fhnthA nnnintmpnts had not I been submitted to the senate. And I i failed to notice that there was an; amendment of one of the complaints alleging the submission of the ap- j pointments and the refusal of the sen- ! ate to confirm. I can only say that I regret exceedingly the mistake which is entirely mine, that the opinion will be corrected, and that the clerk will be instructed to give the correction j "publicity as soon as an order for the correction, which I am sending to the chief justice, can be signed by him. Fortunately the error does not affect the pudgement of the court. Very respectfully, (Signed) "C. A. Woods." CLEARS ME AXING OF THE NEW STATUTE WicJrersham Explains Newspaper Law Just Adopted?What Circulation Includes. Washington, Sept. 26.?Attorney Genera] "Wickersham today sent to Postmaster General Hitchcock a written opinion on certain phases of the new federal law requiring daily and weekly newspaper and eome other publications to present to the poctmaBter general semi-annual sworn statements of circulation, ownership of th?ir stocks and bonds and other information under penalty of denial of th? us? j of th? mails. f > j The attorney general upholds the postmaster general's construction that it is immaterial whether subscriptions are individual or in bulk and that i th* provision of the lair covers the lumber of copies of a publication dis- j tributed to certain paid subscribers by any mcanp. The attorney general does not touch upon the constitutionality of the .law which is part of the postoflice appropriation bill enacted at the last session of congress. Mr. Wickersham's opinion, prepared at the direction of President Taft, does not touch upon the constitutionJ ?Class eople there are in" .tional, moral and in individuals. So of commerce, there grades and clashes. Id be represented in it belongs. We sell best pianos but we lich are not so good sry piano we sell is e do not represent a from $75 00 to $100. You can depend you better value for iVe can refer you to it we say. Call upI I ! hers, lJUU U A V14I AU McCalFs Magazine and McCall Patterns For Women Have More Friends than any other magazine or patterns. McCall's is the reliable Fashion Guide monthly in one million one hundred thousand homes. Besides showing all the latest designs of McCall tv.A* u it aluciu^, ca^'u i.^auc uniiuu; \jl sparkling short stories and helpful information for women. Sare Money and Keep in Style by subscribing for McCall's Magazine at once. Costs only 5? cents a year, including any one of the celebrated McCall Patterns free. McCall Pattern* Lead all others in style, fit, simplicity, economy and number sold. More dealers sell McCall Patterns than any other two makes combined. None higher than 15 cents. Buy from your dealer, or by mail from McCALL'S MAGAZINE 236-246 W. 37th St, New York Cily >' to?Simple Copy, Premium CtUlofue tnd Pattern CtUloftit free, on reoueet. ality of the lawjwhich is part of the postoffice appropriation Din enacted at the last session of congress. Mr. Hitchcock inquired whether the law "shall be limited to paid individual subscriptions, or shall include, purchases in bulk by news agents cr others for redistribution; also, whether in your opinion the provision covers paid circulation of daily newspapers not distributed through the , mails." Attorney General Wickersham re! plied categorically and definitely to ! thofip innniries. holding that: I Does >'ot Matter. "1. It is immaterial whether or not the subscriptions are individual or in bulk. The. statement should include the average of the number of copies of each issue of each publication sold or subscribed; that is have agreed to take subscribed; that it, have agreed to take and pay for one or more copies of the publication for a definite period of time, and have naid for such subscrip I tions; and, "2. In my opinion the provision covers the number of copies of such publications distributed to such paid subscribers by any means, whether by the mails or otherwise." "We shall administer the law justly and impartially as we find it," said Mr. Hitchcock today. ''The opinion by the attorney general upholds the construction placed upon the law by officers of the postoffice department. We have no alternative; we must enforce it. Hailing: Blanks. "Today we are beginning to "mail to 120,000 editors, publishers and other? interested forms to be filled out ii compliance with the law. These will reach their destinations by October 2, when the law becomes effective. 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