Orangeburg news and times. [volume] (Orangeburg, S.C.) 1875-1877, 1877-03-24

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GcrIain Declared Irregular and Void
The Prisoner Flynn, held Under Il
Warrant from cna Of tIa Sham Trial
Justice, Released by Order Of The
Conrt-Enl Of the Chamberlain Usur-
| raticn III Charleston and Orang burg
Counties
Judge Reed file on Tuesday last
his deci: ion i'll the Flynn habcus cor
pms case, which We print below. This
decision establishes Hamplons Gov
crnmcht i'll Orangcburg and Charles
ton Counties. Any process hereafter
issu ii by Il Trial Justice appointed
by { hambcrain will be eilcgll an
should be resisted
E.c idric Jamcs W!yAn-IIabcas Corpus.
Tie rclator states that 'he is lille.
gally detained III The custody Of one
Wm. L. Dover, ol'thc City Of Char
lcs,on, and prays that Il writ of ha-
boas corpus be granted 10 bring him
lciorc the Court, that the cause of
his detention being seen an known,
such proceedings may be had therein
rs are agreeable to law and Justice"
The writ was accordingly granted,
but before it was delivered, w. Il.
Dover appeared and stated that the
rclator was not in his custody, but
had bccn committed by him to the
Jai! Of Charleston County. Where.
upon it was ordered that the writ be
directed to j. II. Symmcs, deputy
Of the sheriff, the sheriff himself be-
ing absent from the State, and keep
er Of the Jail, who made the follow
lug return: Il hold the prisoner by
commitment ofW. +. Dover, trial
Justice, charging him with assault
with a deadly weapon, which com
mitmcntis herewith sub mittcd. Sign
ell G. G. Bowen, S. G. CT The rcln-
tor by his counsel, insists that lie is
Illegally detained because w. L.
Dover, upon whose warrant lie was
arrested ana hy whom he was COM
mittcd, is not and was not, at the
date Of the arrest, 4 trial justice, and
had no lawin! authority to order his
capture or dcteni ~. The Object OF
this proceeding is 10 induce rccogni.
ton Of Ole Of the two persons claim
ins 10 be Governor Of Tie State, and
is the first case involving directly
the qu, st,on as 10 who is Governor
that has arisen or bacn argued on
this circuit. Hitherto HE opinion
has been held BY The Court. ncqnies-
ccd il by The Bar. an | the practice
is far rs practicable cohrormed there.
to, tina, Tie public veal would be
best conserved in this jurisdiction by
preserving the S'ttiHs qno until Il dc.
cision should be made by some au-
thorlty that would he generally re-
cognizcd throughout the country us
settling the question. But, pcnoling
such anticipated settlement, there
have been 50 many udjudications di-
rcctiy and Indirect y by Judges on
other circuits, and by the Justices Of
The Supreme Court, that rcco gni-
ticn by this Court Of the influence
they are entitled to rs contributing
TO final determination Of the con
trovcrsy is impcrativcly demanded
snmcd official authority, cannot be
safely della ycd longer. TO this end
the case before The court has been
brought, and although circuit de.
cree can have bat little influence in
determining who is Governor, it must
for the TINE being settle local con
G!ctlng claims TO official rccognit on,
and lead To Tie harmonious working
Of The judicial system ordained 70
the prcscrv alton Of the public peace
and the protection Of persons and
properly. Having heard argument
for the first time, and on but one side
Of The question, J have deemed it
proper, 50 laras Il very limi cd op.
portuniLy permitted, to give it such
consideration as lis importnnce de.