The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-01-06
THE INFERIOR COURT.

iOi2Ou uuLH mUuQdys
THE INFERIOR COURT.
An Important Decision as to It's Jurir.
diction.
We publish .below the opinion of the su-
preme Court In case heard at the present
term, deciding that the exclusive Jurisdiction
conferred on the Inferior Court of Charleston
In criminal cases does not vest, becanse un-
constitutional and void. The opinion was
pronounced by the Chief Justice, and con-
Cured In by the other members of the court,
viz:
State va. Cain Simmons, Solomon Lyons,
Jack Drayton-supreme Court. November
term. l872-Oplnion by Noses, @. j.
The three cases are separate and distinct,
but the points to be settled by the appeals are
identically the same.
By the lst section of the 9TH article of the
constitution, the judicial power Of the State Is
"vested In q Supreme Court, In two Circuit
Courts, to wit: Court Of Common Pleas,
having civil Jurisdiction, and Court of Gen.
eral Sessions, With criminal Jurisdiction only;
The General Assembly may also establish such
municipal and other inferior courts as may be
deemed necessary"
By the 18Th article OF the same section It is
ordained that "lhe Court of General Sessions
shall have exclusive Jurisdiction over all Grim.
lnal cases, which shall not be otherwise pro-
vlded for by law"
The act OF March 18th, 1879, mo. l45,) Is
Statutes at Large, 1877, establishes "ln the
County OF Charleston an Inferior court for the
trial of criminal cases, to be called the Crimi-
nal Court of Charleston County, and which
shall be organized by the Judge thereof imme-
dialely after his election" The fourth section
provides that 'the Criminal Court shall have
exclusive appellate Jurisdiction Of all criminal
cases, from the courts OF trial Justices for
Charleston County, and exclusive original
Jurisdiction OF all criminal cases less than capl-
tai, and not at presen; conferred by law upon
the courts OF trial Justices"
At the November term, 1872, OF the General
Sessions of the County oil Charleston, the three
defendants were separately indicted for the
crime Of murder, and In each case the jury re-
turned o verdict Of ''guilty of mauslaughter."
They moved the Judge In arrest Of judgment,
'That the General Assembly having declared
by act that the Criminal Court for Charleston
County shall have exclusive original jurisdic.
tion of all offences less than capital, this court
has DO more right to administer punishment
upon q conviction therein had for man
slaughter. than It has to hear, try and deter
motion was overruled, and reversal OF the
Judgment is asked here, on the ground taken
In the court below.
The question involves the constitutional. y
OF the act of 1872, so far as 1t provides Tor the
exclusive Jurisdiction of the Inferior Court ''of
all criminal causes less than capital" and
must be determined by the construction which
bo otherwise provided Tor by law" Do they
go qualify the power conferred on the COURT of
General Sessions as to reserve to the Legisls-
ture the right TO deprive it Of all Jurisdiction
over criminal offences less than capital, or are
they 10 be held IN subordlnation to It's right to
vest some other court with concurrent juris-
dlcliOn In the cases referred to?
The Courts of General Sessions as they have
existed 10 the State, at least from 1874, (Sec.
75l, Stat. at Large l84) have exercised all the
powers of the kings bench In England. By
the constitution 1t is recognized as q superior
tribunal, and unless restricted by that instru-
ment may still claim all the common law juris.
diclion which pertains to the kings bench.
In State vs. Walker. IA Rich. L. 81, 1t Ia said:
on behalf OF the State, even when Jurisdiction
Is given to another tribunal by words not
plainly exclusive"
In Peacock w. Bell and Kendall, Sand, TAG,
the court gaid: "And the rule of Jurisdiction e
that nothing shall be Intended to be ont of the
Jurisdiction of Superior Court but that
which especially appears 10 BIZ 80; and on the
contrary, nothing shall be Intended to be
within the Jurisdiction OF an Inferior court
but that which Is 80 expressly alleged" To
deprive the Court OF General Sessions OF juris.
dlcton In q criminal case, it must be clearly
apparent, by the constitution from which II
derives itg power that 1t is not OF the class oi
offences intended to be- committed to 1t.
The act of 1872 proposes to take from 1t the
trial OF every criminal case, except that for
murder, which ls The only offence now held
capital by the laws o. the State, by comforting
exclusive authority over sill Of them on an In
tsrlor court The clause Of the constitution,
while 1t vested the Court Of Sessions with
exclusive Jurisdiction over all criminal cases,
did not propose TO restrain tho Legislature
from organizing other courts, with concur.
rent Jurisdiction over such cases. The first
section OF the fourth article, after enumera
ting the courts In which the judicial power o.
the State shall be vested, provides: 1.-THE Cen
eral Assembly may also establish such mu
nicipal and other Inferior courts as may be
deemed necessary" While such other courts
might be established with like Jurisdiction az
the Courts of General SESSIONS possessed, this
would not affect the powers OF these last, ex
cept as to their exclusive character, conferred
| by the constitution. The word (which" musl
refer to s'eriminal cases." which last words
/ ltuIu6QlhtclJ plOSSAO avs AA3 w s6sS
such as might be otherwise provided BY
law, the exclusive Jurisdiction OF the
General Sessions could not prevail. II
was the retention OF exclusive authority tha
| the provision was intended to prevent, for ]
| it had been omitted, the Legislature without
a change Of the constitution could never nave
vested any other court with equal and concur
rent Jurisdiction In such cases. was tne
Court of General Sessions. by the said eigh'
teeDth section, vested with Jurisdiction or e&
elusive Jurisdiction! By what rule OF gram
malicsl construction can the adjective which
denotes or expresses "the quality OF the
ming named" or defines Its character, be re
iected? The constitution declares the exten
OF the power-it made 1t e8cluslve-same al
otherwise provided for by law. Any transpo
sition of the words would only create com
bination which no conclusion could be In
| ferred other than that which would hold th'
provision as only affecting the EXCLUSIVE
Jurisdiction of the court.
The act Of 1872 undertakes, except as to th'
| charge of murder, TO exclude the Courts o
General Sessions from all Jurisdiction In Grim
inal cases, and 30 far as 1t thus proposes VI
| hold IL in violation Of the constitution, ant
therefore void.
The motion in each of these cases is dIa
missed.