Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1857-06-04
YORKVILLE. @, THURSDAY, JUNE 4, 1851.

front of the Court House, after he had been
ordered to desist. The spring of 1914 he
he quashed every rcnire around the South.
ern Circuit, because new jury lists had not
been made out within three years, and from
them the jurors drawn and summoned. He
possessed wonderful memory; and [ have
often heard it said be reported to the Con.
stitutional Court the case of The State vs..
Fly and Rocelle, for murder, without refer
ence to his notes. His ability as Judge
will be seen by referring to the case of Read
VS.. Eibert, IN. & McC., 374, notes.) His
opinion in that case settled the vexed ques-
ton of adverse possession, and gave q plain,
sensible and just construction to the act Of
limitation.
In December, 1916, Judge Smith was
elected to the Senate of the United States,
and vacated his place on the bench. He re-
mained in that body first and last for several
years, alike distinguished for his principles,
and for the faithful manner in which he dis
charged his duties In 1924 he was return
ed to the House of Representatives of this
State, and led the party, in 1925, which
changed the policy of the State. In the
unfortunate contest of notification, he re-
mained true to the Union; but this ultimate
ly led to his abandonment of South Carolina
for the Southwest, where he died, full of
years and in the enjoyment Of princely for
tune.
On the 5th of December, 1910, Abraham
Mott was elected in the place of Judge Wilds,
who had died the February preceding. New
er. did the judicial mantle fall more worthily
from the shoulders of greatly distinguished
man upon the shoulders of another, than did
that of Wilds upon Mott. Judge Mott was
the first Judge elected from Columbia.
From December, 1910, to June, 1880,
Judge Mott, in all the duties of Judge,
was found fully equal to their discharge
Like most great men, he was subjected to
occasional unpopularity. In 1916 was pass
ed the constitutional amendment, which en-
abled the Legislature to fix the time and
place of the meeting of the Constitutional
Court. At the same time was passed the
act requiring the Judges to clear the dock
cts of the Constitutional Court in Charles
ton and Columbia. This act being passed,
pari passu, with the amendments of the
Constitution which authorized it, was held
to be unconstitutional by a majority of the
Court. Of this majority, Judge Mott was
one, and in illustrating the defect of the en-
actment, and to show that that which was
began before the authority to enact it was
completed, could not legally exist, he said,
'sThat which was conceived in sin must be
brought forth in iniquity." This unfortu-
nate expression raised storm of indignation
against him, which it was difficult to allay;
for in December, 1917, when the judges
salary was increased, and he with the other
Judges resigned to obtain this benefit, he
was elected by very lean majority. But
in 1914, when the Court of Appeals was Or
ganized, he was placed at its head by an
overwhelming vote. His popularity, in that
trying position, remained unchanged to his
death. He certainly abridged his useful life
by his untiriDg industry in the discharge of
his duty as President of the Court His
opinions in the Court of Appeals, both at
Law and Equity, will compare with those of
any Judge in the State. The case of Carr
VS.. Porter, q McC. C. r., co., which over
ruled Judge Waties' elaborate judgement in
Carr VS.. Green, may be read as an example
of Judge Motifs judicial powers. He fell a
victim to consumption, which fastened upon
him in Charleston in January, 1880. He
died in June, 1880, at the house of friend
in Fairfield District, on his way to his plan
tation in Union District.
David johnson Gas I learn from an auto
biography now in my possession) was born
in Louisa County, Virginia, Sd October,
l7S2-in this particular of his nativity, I
was mistaken in the notice taken of him in
my reply to the Bar in Charleston, January,
1868 Rich 12 In 1899, he commenced
the study. of law, with the late Judge Mott,
then an eminent lawyer, living and practising
in Union District. In December, 1903, he
was called to the bar, and entered into part
nership with his friend and legal instructor,
andsettled at Union Court House. In 1910,
he was elected to the House of Representa-
tives of this State, and in December, 1911,
the Solicitor of the Middle Circuit. On re-
signing this Office, in December, 1915, he
was elected an Associate Judge. In De-
cember, 1917, to obtain the increase of sala-
ry which the Act of that session provided
for, he with most of the other Judges re-
signed. He was reelected by very large
vote. In 1925, he was placed upon the Ap-
peal Bench, although he preferred much that
his senior and more experienced friend,
Chancellor DeSaussure, should have been
elected. At the resignation of Judge Col
cock, in December, 1880, he became the
President of the Court of Appeals, and so
continued until the breaking up of that
Court in December, lS45; he was then elect
ed Judge of the Court of Equity. Upon
the resignation of Judge DeSaussure, he
became President of the Court of Appeals
in Equity and Court of Errors. In Decem.
Der, 1916, he was unanimously elected Gov.
ernor and Commander-in-chief. After the
oyn;rotion of that of4ica in Dooamhar 1SdQ