The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-04-16
Judge Green on the "Offlcial Organs.y

We invite the attention Of the members Oh
the bar as we'll as the general public, to the
decision of Judge Green, printed below, upon
the subject of ''offical advertising" The case
was heard and decided at Kingstree, in Will
liamsburg County. The circumstances which
gave rise to the case are as follows: Capt. J. +.
Scott, the agent of his daughter, Mrs. Wolfe,
applied to the Judge of Probate of Williams.
burg County, who is the "business manager"
and a stockholder in what is called the s'Oficial
Papern of the County, for final dischage for
the said administratriX. The Judge OF Pro-
bate told him the usual notice would have to
be published in. the "Official Paper" to which
PROPOSITION Capt. Scott declined to accede, for
the reason that he chose to consult his own
judgment as to the paper in which he would
publish the notice and pay for 1t. he consult cons
ed and employed S. w. Maurice, ESQ.,, who adj
vised him in the matter, and who also argued
J the case before Judge Green, who has sustain
ed his view of the law. It will be seen that
Judge Green, in his decision, makes distinc-
ton between advertising to be paid Tor by the
public and that to be paid for by the indi-
vidual. The people, therefore, under this de-
cision, are at liberty to choose their own paper
in which to advertise all matters that are to be
paid for with private funds.
Williamsburg County-In the CommcH Pleas.
Elk Parte Mrs. 3. P. Wolfe, Administrative
of Estate of G. w. Wolfe.
Mrs. E. P. Wolfe, after giving the notice re-
uuired by law, in the Kingstree Star, made her
application to the Judge of Probate for her
| final discharge as administrative of the estate
of G. w. Wolfe. Her accounts were found TO
be correct, but her discharge was refused upon
the ground that the notice had not been given
in the official paper of the County, and there
fore was void
Mrs Wolfe appealed to the Circuit Court
from that decision and claimed her discharge
When the matter came before me, upon the
very brief reflection I could then give 1t, my
judgment was that the appeal could not be
,iu xUn
mainly upon the words of the second section
of the act of 1870, page 500 of General Statutes,
to wit: "And no legal notice, advertisement or
publication required by law to be made public,
shall have any valid force or effect unless pub
lished in the newspaper or newspapers deslg-
mated under this chapter" These words SEEM
ed to be general enough to cover this case.
have had an opportunity of reading care
fully the whole act, and l do not now think
that it applies to this case.
By the first section the Attorney-General the
mptroller-General and Secretary OF State
have authority conformity to designate one or
more newspapers in this State in which all le-
gal notices for the State should be published,
and also to designate proper number OF
newspapers for the several counties OF this
State 'in which all legal notices, advertise
ments or publications for the county or coun-
ties for which respectively each paper shall be
| ed BY law to be made public shall be pub
lished." This would appear to include all such
notices as have to be given by the county as a
corporation or in relation to business connect
ed with the corporation. This view is strength
ened when we consider the means adopted in
the section for the enforcement of the act
First, the notices shall be null and void. Sec
ond, such notices shall not be paid for from the
funds of the county. This provision certainly
cannot apply in cases where the advertisement
is paid for by the party who gives the notice.
The proviso of the act, I think, will afford
strong evidence that it was not the intention OF
the law-making power that the act should ex-
tend to matters not connected with the county
as corporation.
For the above reasons the appeal in this case
is sustained. JOHN L. GREEN.
At Chambers, March 20, 1874.