Orangeburg news and times. [volume] (Orangeburg, S.C.) 1875-1877, 1877-01-20

for OH the same day, the court had
best be adjourned until the Supreme
Court Of the State had decided the
matter definitely. The decision of
tllis court (Judgc Glover continucd)
is the law Of the laud, and must be
recognized as such until higher
tribunal has reversed its judgment,
which, in my opinion, it will not do.
w. n. Taft, who represented Buttz
as solicitor, rose and said he could
not agree to the suggestions which
had just been thrown out. lie WAS
informed, lie said, That the former
sheriff had turned over his office and
papers to Mr.. Livingston, tho present
claimant Of the Office, and lie held
that Mr.. Livingston was dc .f1cfo
sheriff and entitled to discharge the
duties Of the Office. lie did not con
| slider The case similar TO that prcscn-
ted to the court in Charleston, and
saw no reason why the business could
not be transacted. lie was, he said,
very well satisfied with the course
that ha'l .cn taken, but rs acting
solicitor lie proposed to enter his Oh
jcclions to the reasons assigned Tor
adjourning the court. If the cour.
decided to order an adjournment, he
hoped that it would be for u longer
time than two weeks, as the court III
Charleston convened on the first
Monday III February.
Judge Glover said that while he
would alnliL that Il, the office and
papers had eli tuned over TO Mr..
Livingston by the late sheriff, it was
possible that he might claim to be
dc .t'cio sheriff, what they wanted
was Il de- j"rc sheriff, and lie could
not understand .hat there could be
any reason i'll the claim that because
one had u$urpc,l al Office therefore
was lie entitled to hold lc .ftct,
against the provisions Of the law.
Mr.. Dc'i'rcyillc thea submitted an
order asking that, in view Of the fact
that there WAS no lawful sheriff or
coroner Tor tl,c County Of Orange
burg, by reason Of the election for
said Offices having been held on the
1th day Of November last instead Of
| the third Wednesday in October last
rs prescribed by law, the court al
journ fiom day to day until the -
day Of and that the office Of
sheriff wit, the papers, &c, therein
and the Jail, together with the pris-
oncrs therein, be turred over to the
cierK oI tic coui. ae r,u,iucu III Lie
Statute.
TAFT objected to tie order, upon
the ground that the gra nling Of it
would be virtually to decide qucs,
ton which WAS not before the Court
in proper shape.
Altcr further argument by Mcssrs.
Dibblc, knowlton and Judge Glover
i'll support Of the order, and by Stra.
kcr (thc notorious member Of the
Bayonct House Of Representatives
and Taft in opposition TO it, Judge
Reed rendered the following opinion
orally:
GenHcmea cfMc Bar: ! had given
very earnest consideration to the
matter suggested by Judge Glover,
and deliberately argued by the III en-.
bers Of the bar, before | came into
the courtroom this morning, and my
mind was made up, i'll q measure, to
adjourn the Court Of General Scs.
sions over until future day, i'll or
der to give the Supreme Court time
TO pass upon the question which was
raised and lcci'Ic,! by me III Charles.
ton. Since coming into c,nit, how
ever, motion has been submitted
which amounts to something more
than Il mere Adjournment The
opinion that | came into court with
was predicate upon the general
knowledge [ hal Of the fact the
matter Of pubic notoriety that 4
person had been voted for on the 7th
day of November last to Il | the 0 flee
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