The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-12-14
TIE CIRCUIT JUDGES.

Inc revolutionary bOuy Oi O0yus states
men (?), which is presided nscr BY Z. W.
NJ. Mackcy, have requested thc Attorney
General to furnish them his written opin-
ion as to the legality of the election of
Circuit Judges by the last Legislature
The evident intention OF this body is 10
reject the last election, and proceed to
place in Office set of imbcciles or knaycs,
VINO will prove more snbscrvicnt for
party tsickery and rascalty than some of
the present judges have done This at
tempt is based upon purely legal luib
BILE as to the form Of the last election,
which is at present under review by the
supreme Court of this State, and is not
he subject Of review. The Constitution
.. South Carolina, Art. w Sec. l3, pro-
vides that "the State shall be divided into
convenient circuits, and for each circuit
jnd2c shall be elected by joint ballot of
the General Assembly, who shall hold
his office for Il term of fonr years, aud
during his continuance IN Office he shall
reside in the circuit of which he is Judge"
There has never been any election con-
Quoted strictly according to the require
ncnts of this section in that the vote for
Judges has always been taken by Il call of
the roll of members. which had, p. cvious
TO the Recd-Whipper contest. been con-
sdered ballot by every one, and al.
though the point has been raised before
the Supreme Court, nuadjudicution upon
1t has yet been had. There have been
three stated elections for judges under
the new constitution, and several cleo
tons to fill vacancics, which were invu.
riably conducted riru rorr. There il no
doubt that the manner of election was
informal, but does that make the election
Itself void when it WAS ncIucaced in By
all the electors and the candidates them
selves, and has been the uniform practice
for eight years?
But this is not all. Tic constitution
i'll speaking Of the legislative department,
oi our government, provides in Art RI
Sec. "a. "in aH eiections by the General
Assembly, or either House thereof, the
members shall roh uira yoce. and their
votes thus given shall be entered upon
the journal Of the House 10 which they
respectively belong" Tie provisions Of
this section cannot be construed without
violence to its vcrbage to be ia harmony
WITH the section before referred To. for
the first section says the circuit Judges
shall be elected "by joint ballot Of the
General Assembly," while the last quoted
section provides that "all elections by the
General Assembly" shall be "tim roce."
II is therefore impossible To fulfill the re-.
quirencnts Of both these sections. Now
this conflict Of constitutional law il n
matter for the decision of the Supreme
Court. The Legislature if legally or.
ganized cannot undertake to pass upon
it, The legislative branch of the govern.
incnt cannot construc the law, but must
act rs the law giving power, leaving the
construction to be placed upon any
doubtful point to the Courts. The Legis-
lature might pass mn amendment to the
constitution, and, if adopted by the peo-
pie. it would bind future bodies, but il
cannot review the acts of former Lcpis
laturc which were in their nature final.
II 1t be granted that the Legislature can
construe the law and net upon its con
struction, we claim thnt the Legislatures
Tor the past eight years have construed
these sections Of the constitution. and the
present Legislature. if legal, could not
repudlatc that construction 10 far as il
relates to the past, for if 80 the next Leg
islature might differ in its construction
from the present one, and thus there
might be Il continual conflict between
successive Legislatures. The constitu-
ton nc"er intended 70, the Legislators to
be judges also.
This attic apt to strike down the judi
ciary is lick ut the last safeguard ofour
Liberties, Tor the purpose OF supplanting
the judges who have been bold enough to
oppose the extreme measures of unprin-
cipled politicians. It will not succeed,
and we will yet have the judiciary of
South Carolina to guard the liberties,
the lives aud the property of our citizens.