The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1870-06-22

Trial Jastioos Their Appoin ments Un.
ConStitu ional.


Trial jastioos Their Appoin ments Un-
constitu ional.
Tho following decision has boen
made by his Houor Judge Green
THE srATE Ex REL. HUDSON vs.. mULYAI
nsf --rnoHIBiTioN.
! An application for prohibition was
made in the case to restrain tho sher-
LIT from executing u Judgment rep.
dered against the y ator for the SUN
of eighty.three dvllars.
The application was based upon the
ground that the act Of Assembly au-
thorlzing tho appointment of magis.
trates with jurisdiction, such "a is
given by that act, is in violation Of
the constitution Of this State. 1t was
commended at tho argument, that the
! aot referred to was violative of divers
provisions Of tho constitution but
from The view which have taken, it
will only be necessary to advert to
single one. .aa
The fret section of article 4th pro.
vides : "The judicial power of this
State shall bc vested in Supreme
Court In two Circuit Courts, to wit ::
a Court of Comm on Pleas, having civ.
il jurisdiction; and Court Of Gone
raj Sessions, with criminal jurisdic.
tion only in Probate Courts, aud in
Justices Of tho Peace. The General
Assembly may also establish suoh mu.
nioipal and other inferior courts as
may be deemed necessary" The
twenty-frst ssction of the sa me article
declares TINT so competent number of
justices of tho peace should be chosen
in each county, by the qualified cleo
tors thereof, in such manner as the
General Assembly may direct; they
shall hold their offices for a term of
two years, and until their successors
are elected and qualified. They shall
reside" &c., "and bo commissioned
by the GOVERNOR" ,Ee
The 22d section Of article 4th de.
fines the jurisdiction of Justices :
"Justices of the peace, individually,
or two or more Of them jointly, as the
General Assembly may direct, have
original jurisdiction 10 case Of bas.
tardy, and In hll matters of contract
and actions for the recovery of tluos
forfeitures, where the amount claimed
does not exceed one hundred dollars,
and such jurisdiction as may 10 pro-
| Siuoa IVY law Tlnr aVtiv.Iu osU 1.tiLtv,
where the damages claimed do not
exceed one hundred dollars, and
prosecutions for assault" md go forth.
Thus by the constitution the juris-
dic::eE os Justices IF The poaoe Is de-
fneG, the source from whence they
shall receive their power is pointed
out, and the tenure Of their Uffi> C is
declared.
If we recur to the legislative aot In
question ic will be found that tho
jurisdiction conferred upon the magis-
trates is precisely that given by the
constitution to justices Of the peace,
except the amount named iui the act Is
ninoty-nine dollars instead of one
hupdrcd, and that the court osta blish.
O. by that act is substitute for that
provided by the constitution. The
/ fir. section of the act expressly de.
claros that "until the organization of
the courts contemplated by sections
81, % and % of article 4th Of tho
constitution, the Governor Is hereby
authorized, empowered and required
to appoint q suitable number Of fit
and discreet persons in each county to
act as magistrates o. such county"
Hore then we have officers unknown
to the constitution, not elected by the
people, without q fixed torn Of Office,
appointed and removed at the will of
tho executive, administering that
jurisdiction conferred by the constitu-
tiou upon Justices Of the peace, who d;
are elected by the people, and have n
fixed term Of Office Independent Of
the Executive. ....u
Is it constitutional for the Legisla. !
ture to make this substitution Can
that body so, change the organic law
Of the land !, In my opinion they
cannot, and tho act by which the at.
tempt has been made j. in plain vic.
lation of the constitution.
T 1t follows that tho magistrate had
no jurisdiction in this case, and tho
sheriff, and officers acting undor or by !
virtue Of his authority arc hereby
restrsinel from carrying the psid
Judgment into execution.
g.5e (signed,) john T. .GREEN.
7, STorPINo THE TBAlN.--The Kings !,
tree Star, Of yesterday. say s'philip
Heller, county treasurer, levied upon
and detained a train Of cars at this /,
place. from Monday ,forenoon u-JI