The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-12-18
AFFAIRS IN COLUMBl.
The Peril of the LegisIature-.A Short
Days yyork-sIooping at Ntckerson's
-nIustors anu Commissioners TN
Equity.
(rnoM our ows CORRESPONDENCE

[rROM OUR 0WS CORRESPONDENCE
COLUMBIA, S. c., December 16.-Much OK
citement was created this morning by the dis
coyory that the west or front wall of Janney's
Hail had become detached during the night
from the building, and tha. tho top part pro-
iected from the roof some ten or twolvc inches
It was considered unsafe to go under 1t. The
Mayor ordered ropes stretched IN front Oh Inc
building, and q policeman stationed near tc
caution those who wero passing in the vicinity
The building, in tho words OF member, was
unsafe at both ends, and that involved the
centre. When the House met but bare quo
rum wus present, and theregalar order OF busl'
ness VAS suspended. The appropriation bill,
and the bill to ratiiy, confirm md amend the
charter OF the Charleston Is. C.) Mining and
Manufacturing Company, were read the hrst
time; the concurrent resolution to take re-
cess from the 22d instant to January 9th,
amended by the Senate, agreed to, when, on
notion OF Wilder, the House adjourned to
meet at 4 p. NJ. tomorrow, in the College
Chapel.
In THE SENATE the reports Of committees
wc1e ca;icd up.
Resolued, That a COMMITTEES OF thiee be ap-
pointed by the president to inquire whether O
sultable place for the meetings OF the senate
can be obtained at the college buildings.
Nash said some OF the senators seemed de-
termiued to sleep OF Nickerson's Hotel. AT
the last special session there was great cry,
''Let us 60 to Nekerson's," and nov " ssemeu e.
the only Way for senator's TO sleep there WAS TO
rent the building. Some Of them would go there
and sleep n their seats, so that they mlght
nave it to say that they slept at N1ckersons.
stl anger would suppose, from the apxety
shown by some members, that they all Owned
stock in Nickerson's. de had understood tnat
room could be fitted up ut the college Duila-
ING for the Senate ut o cost OF $50, whereas it
was proposed to give S3S33 ~ 30 tina. soine
senators may have the pleasure OF stopping al
Nickerson's. He thought this was paying
rather too much for the whistle. ne hau
stopped at Nickerson'5 for some thirty ye:rs,
and had slept there, but did not CONSIDER nlnl-
self particularly honoretl nor better IMAM otner
senators. The senator from charleston nr'
Corbin) at the last session opposed their In
slstiuc On going TO Nickerson's Hotel. giving,
amsng other reasons, that 1t would ln]ure
Grants election. That is over, and now taas
he knows that some OF us thought rather oard
of his opposition then. he comes out with MS
large heart, having thought, slept and dreamed
over it, and says we had better go to NlcKer-
sons. He (Nashl desired that they should so
to the College buildings.
Mr.. Corbin Said he had understood the spe-
cinl committee as having reported it impracti-
cable for the General Assembly to SIT IN the
College buildings, and that Nicllerson's was
the Only suitable place they could obtain. Ii,
however, they could be accommodated Ut tne
College. he was in favor OF gong thcre. ne
concluded By offering resolution that u spe-
cial committee OF three be appointed 10 inquire
and report on the subject.
The resolution was agreed to. and Mcssrs.
o1biu. Rose and Nash appointed the commit
tcc. who have agreed upon report in flvor or
removal to tho College library Tomorrow.
The following we're read third limo anu
passed: o..,.... ,,,,.,
plate Company. s.,.
A bill 10 provide for the payment OF the fees
OF shcritfs tor dieting persons Confined III laii.
The following report OF the judiciary Conn
rnittee on the potltion OF certain ptact!e!nS
attorneys and solicitors relative to continuing
tho Offices OF Master aud Commissioners III
Equity till lSIu, was ordereo ioi eon9'ooia''ou
tomorrow:
TIC Committee on the Judiciary, 20 whom
yas referred tie petition OF practclnS attor-
news and solicitors OF Marlboro County, pray
ing that the Office OF Master in Equity be con-
tIpucd until tho first day Of January; 1870, lor
tho purpose Of closing up the business now
pendipe in the Courts OF Equity" nave con-
sidered the samo and beg leave to report:
That while they recognize the force o! much
that is set forth III the p.tlton as q cause 1or
continuing the Office Of Master ID Equity, IL Is
believed that continuance OF the o1hcc IS
Inconsistent with the general system proVldoo
IN article of the constitution for the organ
ization and jurisdiction Of the courts, aud the
system of pleading and practice proposed IN
article 5. and tho Laws enacted In accordance
herewith.
In seen that the Court or Common Pleas
.sshall have jurisdiction in all matters OF elui-
ty, but the courts heretofore established tor
that purpose shall continue a. now organized
until the first day OF January, a. ", 1859, ior
tho disposition OF cases now pendlaS therein,
unless otherwise provided by law" Section l?
provides "that tho General Assembly shall
proylde by law for the preservation OF tho rec
ords Of the Courts OF Equity. and also Tor the
transfer 10 the Court OF Common Pleas end
Probate Courts for final decision OF all causes
that may remain Undetermined" Soctloa ~
provides, n Court OF Pronate snail % es'a4,
fshed in each county, With jurisdiction IN au
matters testamentury and OF administration,
In business appertaining to minors and the a.
lotment OF dover, in cases ofidtocy aud iunacy,
and persops non c0Hlpos menus"
From these provisions OF the constitution II
is apparent that the Courts OF Equity, hersto-
fore established, and as now organized, can
have no constitutional existence after the t1rst
day OF January next. They arc not only Inn
tied to the period, but the General Assembly
is REQUIRED to provide for the preservation OF
the records Of said courts, and the transfer for
final decs on of all causes that may then remain
undetermined to the Courts OF Common Pleas
and Probate Courts.
The Master and Commissioner in Equity arc
but parts of the organization Of the Court OF
Equity as heretofore established;it It we SHOULD
continue thai Office as auxiliary to the new
Courts OF Common Peas, VIC should in effect
continue the old system which the constiiu-
ton emphatically abolisnes. Besides it trans
fers the business OF that court to the new
courts; for example: it would be impossible BY
Legislative enactment to deprive the Court OF
Probate of tho constitutional jurisdiction con-
ferred upon il relative to "causes that remain
undetermined" on the first day OF January
next. It would be impossible for Tho Masters
in EQUITY to retain and dispose OF such causos;
The Legislature ut lta last session compned
with the provisions OF the constitution relative
to the preservation OF the records OF the Courts
of Equity and the transfer OF causes to their
proper Jurisdiction. See section IL OF the "Act
to organize the Circuit Courts 1t Is not
deemed wise, if indeed it wero constitutlonally
possible, to interfere with the execution OF said
act. We care about adopting new system OF
practice and pleading which is radically diEer-
ent from the old, and we cannot afford to NOR
its symmetry by retaining any part OF tho Old
system inconsistent with It,
The reason set forth in the petition for re-
tanning the Commissioner in Equity another
YEAR except in 80 far Us they relate to causes
To be transferred to the Court oi Probate (Which