The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-09-08

The Associate Justices OF the Supreme Court
have received the following letter from Chief
Justice Willard, which we publish to give eX.
act Information as to the status of the pend.
ing contest for the office of Chief Justice:
CASHIERS VALLEY, N. e..
August Il, 1850.
GESTLENEN-I have, after mature rcflcc.
ton, concluded tilot 1t Is cNpcdient that
should make Il formal statement of my posi-
ton and grounds of action In reference to the
disputed Chief Justiccship.
\ contest of-such importance, and which,
If unwiscly conducted, would tend TO impair
the dignity and usefulness OF the Court,
should not only pc prosecuted with scrupu-
lous regularity and propriety, but should be
evidenced as such in the records Of the Court.
1t Is therefore fitting, In Judgment, that this
grave question. interesting this Court as in
volving it's organization, Notwithstanding, as
anticipated, 1t will shortly be presented to the
Court to act upon 1t In a judicial character,
should be stated TO such extent as Is appropri-
The Legislature, at It's late session. acting up
on the conclusion that q vacancy would exist
in the Office of Chief Justice In the month Of
July last past, electet His I;xcellency Govern
OrSimpson to fill such vacancy. As the in
cumbcnt of that Office | have felt bound to
give full consideration to the question wteth-
er such a vacancy can exist consistently with
reasons that impclled me to deliberate on
the question l will briefly state. The decision
of questions arising upon the language Of the
Constitution belongs to the judicial depart
ment of the government, and, IN the last resort,
to the Supreme Court. The legislative body
cannot conclusively determine any question
of that character. 1t Is competent, however,
for the Legislature to take the Initiative in
bringing a question OF mat character ! in before
could n~ot.have arisen for consideration unless
an election to fill the assumed vacancy had
taken place. and u claimant of the office
placed in q position to assert the existence Of
such vacancy. That course having been adop-
ted, 1t remained for Inc to consider what
duties devolvcd upon me under the circum-
stances. l have been compelled by my sense
of duty TO the important Office which l hold
to examine with n view to satisfy my W
mind whether the action Of the Legislature
in the premises tend In any manncrt TO Impair
the constitutional privileges and stability of
the office and have arrived at the conclusion
tina such is the case.
1t would be Improper at thist time to state
the grounds OF this conclusion. as the question
will doubtless assume @ judicial :orm, and in
that state admit Of full discussion. Ii Is sufli-
Get for the present to say that my action pro-
ceeds from a deliberate conviction that the
term of office Of the Chief Justice OF the SUI
iature IS competent to elect TO NIL that office
for that term alone. If that IS a true construc-
ton. h n vacancy did; not exist as the Leg
islature assumed, and their action on that as
erty, against my firm conviction, to allow the
question to be disposed Of by the legislative
branch OF the government in a manner that
would displace the proper judicial function OF
the Court, and would be apt to be regarded as
a precedent practically settling the ques-
ton against what l believe to be the trne ill.,
tent OF the Constitution.
In view Of the foregoing considerations, II
am constrained to decline 10 vacate the Office
Of Chief Justice In favor OF the present clai-
mant. 1t is my desire that the present contro-
versy should be submitted to Court at the
earliest practicable day, SO as to cause the least
delay and inconveniece to the business Of the
Court, and in a manner to suit the high char
acter of the office which Is the subject Ff dis
pute, and have reason TO believe that Gov
crnor Simpson Is actuated by the samedesire
and motive.
The view that I entertain of the nature OF
the question thus presented is, that it de-
wolves upon the judicial authority to deter
mine which Is the proper incumbent Of the Of
flee. Al that determination affects claims of
individual right 1t should be asserted in q
formal proceeding appropriate to determine
of n like character us affecting other
public offices. In the meantime, until the
rightfu lness Of my position can be judicially
determined In accordance with the law deter
mining the succession to public office, I re-
main invested with the functions OF the office.
l have the honor to. be very respectfully
our obedicnt servant, A. j. WILLARD.