The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-03
a CONFLICT OF AUTHORITY:
Curious Complications in the Inferior
court-Who 10 Solfcitor3

have run against snag, owing to connlc
of authority between the two solicitors Wht
claim the right to conduct the prosecutions II
the new court. To explain the merits OF Inc
matter It will be necessary to refer TO the ME-
tory OF this solicltorship. 1t may De remem
bered that at the last general election Mr' u
a. Chamberlain, with the thrifty design o.
making sure of one or the other, ran 1or ootn
the office of attorney-general and the sohcl
torship of the First Circuit. Being elected to
both these positions he chose to occupy Inc
former and more lucrative one, leaving va
cancy in the solicitorship to be filled, accord.
ing to the constitution, by the judge OF the
First Circuit. Judge Graham accordingly ap'
pointed Mr.. E. B. Seabrook, who performed
the duties and was fully recognized as the 80
lIcitor Of the circuit until recently, when
charge was made, Mr.. Seabrook was remoV-
ed. and Mr.. John G. Mackey appointed oy
Judge Graham In the exercise of bis undispu-
ted constitutional authority. This was the po-
s1tion of affairs when the new court was
opened, and the law creating the new court
distinctly enacts in Section 2 that ''all prose-
cutions shall be conducted by the attorney
general or the solicitor of the circuit to which
the County of Charleston may be at
tached." Solicitor Mackey supposed that ne be-
came the prosecuting officer of the Inferior
Court, and accordingly prepared the cases
that were to be brought before 1t, and attend
ed its opening session in the capacity OF solicit
tor. Judge Lee, however, appeared to take a
different view of the matter, and, at the open
ing of the court, Ignored entirely the appoint
ments BY Judge Graham, and went back 10
Mr.. Chamberlain as the solicitor who had been
elected by the people, although 1t Is stated
that he has not even qualified as solicitor, and
1t is certain that he has never exercised tne
functions Of that Office. The form OF calling
Mr.. Chamberlain to act as solicitor was gone
through with, and, Mr.. Chamberlain not :
spondlng, Judge Lee issued an order appoint
ing MI E. B. seabrook the soliclt.r pro tenn
pore Of his court, claiming to act under the
samseonstituiona authority as was exercised
by Judge Graham in his appointments. Sollci-
tor Mackey thereupon retired from the court
after delivering the protest which was puo-
lished yesterday, and took With him the papers
which he had prepared for the consideration
of the grand jury. These papers he turned
over to the clerk of the court, by whom they
were afterward delivered to Mr.. Seaorook,
and yesterday the court came to stand-stili,
and adjourned until Monday to allow OF the
re-preparatlon of the cases. AS the matter
now stands, therefore, Mr.. Seabrook is IN TACT
the acting solicitor Of the court, while
Mr.. Mackey claims to be the only officer
entitled TO perform the duties of that position.
It is very pretty quarrel as 1t stands, and
may lead to some curious legal complications.
If the prosecuting officer Of the new court sill
legally appointed, the whole ofthe prosecutions
mu.t bs illegal and the convictions will be null
and void. An excellent ground fer an appeal
to the Supreme Court will be presented In
every case which may be tried before the new
court, and wrlts of habeas corpus for the liber-
alton of prisoners convicted therein may be
expected to be plentiful. In the meantime,
Solicitor Mackey declares his intention Of ex-
ercising the right of rolle prosequi and other
functions of his Office, and has fled his COM
mission with the treasury to secure his pay as
solicitor.
In the new court yesterday the only business
transacted was the formation of the following
petit jurors:
Jury No. Nv. T. Elfe, foreman; d. L. Bent
ford, Garret Byrnes, Roland Brisbane, william
Corbett, E. DAILY, ". F. Dover, Henry Dixon,
Allen Edwards, W. n. W. Gray, W. 81. Glbbes,
James Hasell.
Jury No. IA. E. Phllippy, foreman; Paul
Holmes. William Jackson, F. s. Liienthal,
W. G. Mitchell, Peter Mota, A. Mccoy, WIN.
Murrell, Samuel Mears, G. S. Miller, George
Nelson, Samuel Peronneau.
The United States Court.
In the United States Circuit Court, before
Judge Bryan yesterday, the following order
admitting Colonel Joseph F. Gist to bail was
granted:
The United States VS.. Joseph F. Gist. On
motion OF Henry Buist and T. Y. Simons, Esqs.,
and In consideration of the feeble heath OF
the defendant, 1t is ordered that the said de-
fenSant be allowed 10 give recognizance 10
that the defendant shall attend court from
day to day and not to depart from the limits
ofthe City of Charleston without the order OF
the court.
Colonel Gist appeared with his bondsmen,
Messrs. A. J. Crews, L. D. Mowry and J. B.
Sloan, who gave the required security, and he
was released.
In the case Of the Goodyear Dental Vulcan
ite Company, ct al, against George NJ. Jones,
L. D. Owens, George Smith and Allen W.
Snyder, tor an infringement of a patent, judg-
ment was rendered for the plaintiff, and the
case referred to Daniel Horlbeck, Esq, to
take testimony as to the amount OF damages
to be awarded.
The case of John L. Blakely, charged with
opening letter contrary to law, was noue
pressed.
VIM. n. q. Bevil1 was found guilty of carry
ing on the business of distiller, without pay.
ing the special tax, and sentenced to two
months Imprisonment and fine of one hum
dred dollars.
CHARLESTON RrFLEMEN.-At the last meet
ing of the Charleston Rlhemen Club, held on
Monday evening, steps were taken looking to
a thorough reorganization and equipment of
the club. The committee appointed for the
purpose were instructed to purchase a supply
of the new improved Enfield rifles, with which
fhe club contemplate paradiog at an early day.
MANY of c.,r citizens have contributed literally
towards the purchase Of these guns, but there
Ill AnN