Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-01-31
THE CIRCUIT JUDGES.

On Tuesday of last week, the Supreme
Court rendered decision declaring the elec-
ton of circuit judges, held on the 10th Of
December, 1875, as unconstitutional. The
point at issue was whether the election OF
circuit judges by the General Assembly
should be by joint ballot or viua voce. The
decision of the court is that by joint ballot
is the mode required by the constitution. The
opinion of the court was rendered by Asso-
ciate-Justice Haskell, Associate-Justice Nc
liver concurring and delivering separate
opinion. Chief Justice Willard filed dis
senting opinion. ...
The effect of the decision is to create va
cancies in six of the eight circuits of the
State, viz: First circuit-Judge Reed; sec
ond circuit-Judge Wiggin; third circuit
Judge Shaw; fourth circuit-Judge Town
send; sixth cireuit-Judgs Mackey; eighth
crcuit-Judge Cooke. Judge Kershaw, Of
the fifth circuit, and Judge Wallace, Of the
seventh circuit, were elected by joint ballot,
and are not affected by the decision. The
term of Office of Judge Reed would have ex-
pired by Limitation in December next. The
terms of Judges Wiggin, Shaw, Townsend,
Mackey and Cooke, would have expired in
August 1880.
The Charleston Ne,us and Courier gives
the following as a statement Of the facts
which led to the decision of the Supreme
Court:
There are two provisions in the Constitu-
ton relating to such elections. The general
provision, in that part of the Constitution rel
ative to the Legislative Department, is that
in al! elections by the General Assembly
the members shall vote vipa voee; the special
provision, in that part of the Constitution rel
ative to Judicial Department, is that for each
Circuit Judge shall be elected by joint ballot.
Up to the time that Judge Kershaw was
elected, in the winter of 1851, the practice,
from the time of the adoption of the present
Constitution, was to elect Circuit Judges by
Joint vote vsua yoee. Previous to Judge Ker-
shaw's election, it was urged that the elec-
tion of the whole of the Circuit Judges then
on the Bench was void, for the reason that
the vote had been taken viva voce, and in defer
ence to the opinion of competent authority,
Judge Kershaw was elected by joint ballot.
This course was also taken when Judge
Wallace was elected. At the special session
of the Legislature, resolution was adopted
declaring that "great uncertainty exists as
to the validity of the elections held on the
sixteenth day Of December, 1875, for Circuit
Judges" and instructing the Attorney Cen
eral ito institute such legal proceedings as
may be proper to test the validity of said
elections.' In order that there should be no
room for Misunderstanding of the character
of the action, Gen. Conner, then Attorney
General, commenced proceedings to test the
validity of the election of the only Democrat
on the Bench when the resolution passed,
Judge A. j. Shaw. Argument was had at the
present term of the Supreme Court, Attorney
General Youmans and Mr. Robert Aldrich
appearing for the State The decision OF the
Supreme Court is that Circuit Judges must be
elected by joint ballot, and that elections vsca
,oce were ILLEGAL