The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-12-06
The Supreme Court.

South Carolina is in imminent dan
ger Of soon having no Supreme Court.
The election Of Judge Haskell to tho
railrond presidency creates one vacan-
cy. Judge NcIvcr will DO elected
Chief Justice, and it is said will there
upon resign the associate justiccship,
while Judge Willard claims that his
term will not expire for three years
longer. a disputed chief justiccship
and no associate justices will leave
the courts in pretty muddlc. The
Supreme Court is to decide tho point
that gentleman nor Justice McIver
will sit in the case. Governor Simp-
son has the power Of appointing spc-
cial justices, but he also is Interested
for he aspircs to the supreme bench.
1t is said that Judge Wallace is the
other prominent aspirant if there are
two vacancies.
AS to the tcnability of Justice Will
lard's position in law, opinions differ.
We have expressed our opinion. The
Register differs, and quotes decision
OF the Supreme Court on the tenure Of
of circuit judges. In this decision the
opinion delivered by Judge Willard
himself is as follows:
Having these principles in view, let
US look into the Constitution to sec
whether there is anything to sustain
conclusion that the Constitution has
imposed limit to the duration of the
office Of Circuit Judge Of such u nature
that persons elected to fill casual
vacancy cannot claim tho full term
attached to the office, but can hold
only for the uncxpircd term. In the
1lrst place, there is no provision, in
directly, accomplishing such result
by fixing the time when tho Circuit
Judges shall take their Offices. Such
provision exists, as we have already
noticed, i'll the case Of the officers de-
scribcd rs estate Officcrs"-
i, Section 2, and Article 10, Section
~ Such limitation is intcrablc as
affecting the Justices of the Supreme
Court from tho provisions recurring
that one of those Justices shall be
elected every two years. But none
is found affecting the Circuit Judges.
rms omission is evidently not acci-
dental, but Intentional. In the case
OF the Supreme Court, that body being
composed OF three Justices, there was
reason for placing regular intervals
OF two years between the elections of
the respective Judges, so that no sud-
den change could be made in the or
ganlzation OF the Court-an important
safeguard against irregularity in the
administration Of the law.
Upon this doctrine the Reg;ste,.
relies. 1t is important as showing that
Judge Willard's views have changed
lately.
Whatever tho law of tho case, we
think that sense Of propricty might
lead Judge Willard to refrain from
pressing this point. BY hard fight
nc was elected for an unexpircd torn,
while ho was offered the alternative
of retaining his associate justiccship
for another full term. lilo ought to
quietly waive oil supposed rights, and
stick to the spirit Of the contract.
when q scat on tho Supreme Bonch
causes wrangle the State is in bad
way. There arc too many changes in
the Supreme Court anyway. BY tho
time the new elections have taken
4 place there will have been seven differ
ent men on the Supreme Bench in
four years. How can such a court
secure commanding respect and un-
questioning cheerful obo iience? Tho
ablest jurists in the State should be
selected, and the term should last for
4 at least ton years or for life. There is
TOO much swapping and changing
about in all tie Offices. =