The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-16
THE BANK OF THE STATE.
The Proceedings i'm COIunAbia-Stateo OF
tho Cnso-Remariks OF NIessrs. sFRayne.
Campbell and Corbin.
[rRoM OUR SPECIAL CORRESPONDENT. I

FROM OUR SPECIAL CORRESPONDENT
COLUMBIA, S. c., January IA, 1S69.-The
State eI relUione the Attorney General OF the
State Of South Carolina VS.. the President and
Directors Of The Bank Of the State or South
Carolina.
The above controversy is nearing it's close.
Messrs. Hayne and Campbell, counsel for the
defendants, arrived here atbis morning, having
been notified by telegraph that Messrs. Cham
beriain and Corbin, the attorneys for the State,
would at ten O'Clock to-day move That day
be fixed for the hearing Of the case before the
Supreme Court.
J. can best describe the situation by saying
that "its all mudete." First, Judge Willard,
in chambers, refused to gran the Wit Of man :
daneus to compelthe president and directors Of
the bank to deliver up to Governor r. X. Scott
all the real and personal estate and other as
sets Of that corporation. Thereupon the at
torneys for the State excepted to the ruling of
his Honor, for error in law, and carried the
case to the Supreme Court. Mex, exception
was taken to Judge Willard himself, on the
ground that having heard the cause at cham
bers he had presided in an inferior court and
according to the constitution was thereby dis
qualified from hearing the case on the supreme
bench. On the assumption that this view was.
correct, the Governor appointed w. s. Word
ing, one of the tax commissioners, TO sit on the
court i'll place of Judge Willard, and j. j.
Wright, the colored sepator, was dispatched to
Beaufort 70 bring Judge Wor ling, but return.
ed tc day with the announcement that he could
not come. The Governor then telegraphed for
Judge R. b. Carpenter, at Orangeburg.
Such was the condition OF affairs at the OPEN
ing Of the court this morning. Presen-Chief
Justice Moses and Associate Justice Hoge.
Judge Moses made an explanatory statement
that this case was docketed without prejudice
for the 22d day Of December, but on that day
the court announced the conclusion that it
would hear no case on the docket. Subse-
quently the counsel for plaintiffs moved to have
day fixed for the hearing, but the court de-
clined on the ground that council for the de-
PENDANTS had not been notified, but, on the
contrary, had been informed by him OF the de-
termination not to take up any case. The
court, however, decided to hear the motion to
take up to-day. In the absence of both Judges
Wording and Carpenter, he would postpone
the case until tomorrow morning at ten
o'clock.
Judge Hoge expressed tho opinion that
Judge Willard would like to hear the question.
and that it should be argued before full
bench.
Mr.. Hayne said that objection would bs
made to any other than the regular Supreme
Leg islature. That was the proper tribunal to
sit In Judgment on the case. and they would
emphatically oppose its being heard by any
judge commissioned spyciAIiyfii fiior the occasion,
fNU% hal nryonN lit,nr IL
tion there was no disqualification Of Judge
Willard, and consequently there was no ground
for the appointment Of a special judge. This
was the first time that the point had been
made before the Supreme Court OF South Caro-
lima, and it was not raised cautiously, but in
good faith. Ought not such question 10 be
determined by the full bench, and ought not
Judge Willard himself to participate in an ad-
judication that would bind the court as long as
it had an existence 2 None of the disqualify-
ing clauses mentioned in the constitution
could be considered as applying to Judge Will
lard. except that which refers to Judge who
has presided in an inferior court. In neither
letter nor spirit could that provision apply in
this case. Not only had Judge Willard not sat
in an inferior court, but he had sat in no court
at all: As one OF the Judges Of the Supreme
ture, he simply sat in chambers, which was
very different thing from presiding in an in-
ferior court.
The object OF the Legislature, as indicated
Was to prevent judges. elevated from the Cir
cuit to the Supreme Court, and lawyers, who
might be elected to that bench, from presid-
ing in cases on which they had been previously
engaged. This was eminently proper. But II
it was intended to preclude jud yes empowered
to hear motions at chambers from sitting in
the Court Of Appeals whom the subject matter
OF those motions came before that court. the
cure the appointment Of a special Judge to de-
eide Q particular cause, the counsel would only
have to make 9 inotion in chambers to get rid
OF the obnoxious judge upon the bench.
The Chief Justice said he agreed with Mr.
Hayne that this was question which must be
heard by the Supreme Court because it was q
question which affected the qualification of
one OF its members
Mr.. Corbin observed that If it was solemn,y.
intended to raise this point, the court. as then
sitting. was the Supreme Court and competent
TO render decision. @ Two judges constituted
were ready to meet the issue, and it was his
desire to proceed at once.
Mr.. Campbell quoted the concluding passage
OF Justice Willard 9 decision: ''As I may be
called upon at some future time, as q member
tiOn," &C., as o proof that he expected to be
called upon, and expressly reserved his views
IN anticipation Of such contingency. Suppose
upon every point made in the brief.
" stands out conspicnously, Mr.. Campbell
said, that by the proposed arrangement we are
70 be deprived Of the voice Of Q judge of
tuition Of the United States. III your Honors
were to overrnle his decision at chambers, and
order the S,sc,sdanpus, what would become Of a
tutionality OF the law. Your Honors can see
the embarrassment ia which it puts the case
when 1t deprives ms Of the judge before whom
we we're carried by the reiator himself. Is it
not, therefore, manifest that you cannot 90 on
with aYa arn0intAd frdpa hpcar,aa vnr, dnY,riva