The Sumter watchman. [volume] (Sumterville, S.C.) 1855-1881, 1870-06-15
.AsirrssstAS Sisss

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The following .aassi.io, hss bsesu
asds by biz Honos ledge Grssn: :. : :
zaE syATE r Rah. Hupsos VI. nUl~
s.. ~, ,.xAI--PsoHIB1TIon. /.
An application for sprehibitios VA
usds il the sass to restraie the shssitI
ffon exseutine .'jddTneutS rssdsred
sgaiast ths tslatoe fof the samfo Of cigh.
sy.thsee do)ssrI y -. = ~ = >"
The srplisitioa vas based upon the
GROUND that tho act or Assembly au-
fhorisiDg the appointment Of msgis.
tratss with jurisdiction, such as is given
by that act, 10 in violation Of the con-
stitusion Of this SfGte. o..
lives contepded at the ih,gument
that tho act referred to was violatiye Of
divers provisions of the Constitution {;
but from the view which / have taken,
Il will only bsneces.sry to advert to =
single one. ~
Tie first section Of article 4th pro-
vides: "The judicial power of this
State shall be vested in a Supreme
Court in two Circuit Courts, to Wit: q
Court OF Common Pleas hsying civil
jurisdiction and Court Of 8 eneral Ses.
sions with criminal Jurisdiction only I;
in Probate Courts; aud in Justices of
the Peace. The General Assembly may
also establish such municipal and other
inferior courts rs may be doomed ne.
cessary." The twenty.frst section of
the same article declares that Ga compe-
tent number Of Justices Of the Peace
shall DO chosen in each county, by the
qualified electors thereof, in such man
ner as the General Assembly may di-
rect. They shall hold their Offices for
4 term oftwo years, aud until their
successors are elected and qualified.
They shall reside" TO-, "and be. com.
missioned by the Governor"
The twenty.second section of article
ath defines the jurisdiction of Justices
'Jusiices Of the Peace, individually, or
Two or more Of them, jointly, as the
General Assembly may direct, have ori.
,iual jurisdiction in cases Of bastardy,
Ind in all matters Of contract and ac,
lions for the recovery Of iocs aud for>
whero the amount claimed does
Tot exceed ono hundred dollars, and
'uch jurisdiction as may be provided by
aw in actions e1 7elict0 where the dam.
Iges claimed do not exceed one hundred
lollars, aud prosecutions for assault"
md so forth.
Thus, by the constitution, the juris- !
LECTION of Justices of tho Peace is de-
ined, the source from whence they |
hall receive their power is pointed out,
nd tho tenure oftheir Office is declared. |
IT We recur to the legislative net in
uestion, it will be found that the |
Jurisdiction conferred upon the Magis-
rates is precisely that given by the
to Justices Of the Peace,
kept the amount named in the act is
80 instead Of 500, aud that the court
established by that act is substitute
Or that provided by tho constitution.
he first section Of the net expressly
eclares that "until the organization or
he courts contemplated by sections
l, % and % Of article 4:h Of the con.
tho Governor is hereby
uthorized, empowered and required to
ppoint suitable number Of fit aud
iscreet persons in each county to act
8 Magistrates of such county"
Here, then, we have officers unknown
, the constitution, not elected by tho
eople, without fixed term of Office,
ppointed and removed at the will of the
administering that jurisdic-
on conferred by the constitution upon
Justices Of the Peace, who are elected
? the people, and have fixed term of
flee independent of the Executive.
It is constitutional for the Legislature
, mako this substitution Can that
ody SO change the organic law of the
md? In my opinion they cannot. and
10 act by which the attempt has been
ade is in plain violation Of the con. 1,
tuition.
It follows that the Magistrate had no
lrisdiction in this case, and the Sheriff
I'd officers acting under or by virtue of 8
is authority are hereby restrained
ola carrying the said judgment into
lcoutioD.
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