Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-08-19
Tho Chief JusticcshiD.

The controversy between Gov. Simpson,
the Chief Justice Of the Supreme Court,
uuuor an election held last September, aud
Chief Justice Willard, wbo was elected iu
May 1877, aud claims that his term Of
Office has rot expired, will DC submitted to
the Supreme Court OF the State ior acciaon
under Section $50 Of the Code Of Proceed
urc. This section provides that parties to
question in difference, which n.ight be
the subject of civil action, may, without
action, agree upon n case eontsiniDG the
facts upon which the controversy depends,
and prcseut submission Of the same to
any court which would have jurisdiction ii
uu action had been brought Il!c facts are
us follows:
l. L. j. Moses, ST., was elected Chict
Justice of tho Supreme Court by The
General Assembly on July 90, 1868, and
was rc-clcctcd on tho 30th of January,
1874, for term Of six years, commencing
from tho expiration Of the then running
term of Office. Judge NlosoS held the
Office until his death, in 1877. On May
1lth, 1877, the General Assembly agreed
to go into joint ballot OIL May 10, lS77,
for tho purpoac OF c!cctips Chief Justice
Of the Supromo Court Of this State 10 fill
the vacancy created By the death Of Judge
Moses. In accordance with this resolution
Judge A. j. Willard, who waa then Asso--
ciutc Justice, was clce.cd Chief Justice.
lie duly qualified and entered upon tho
discharge Of his duties and has contuucd to
hold tho office. Judge Willard cluins that
he is entitled to hold the Office Of Chief
Justice for The full term Of six years iron
tho date of his election.
III. On September IS, 1879, the General
Assembly, under resolution passed on the
7th Of tho aa,no month, elected the Hon.
w. D. Simpson, who was then Governor,
to be Chict Justice Of the Supreme Court.
He cluims that the election of y j. Willard
on May Is, 1879, cntitlcd Willard to hold
the Office for tho unexprcd torn of Chief
Justice Moses only, that this has now
expired aud that ho (Simpson) is entitled
to tho Office.
Tho whole question, it will bo seen, is
whether tho General Assembly did and
could elect Judge Willard for full term
of six years. or for merely the nncxpirod
term Of Judge Moses, whose term ended Oh
July 20, 1880. 1t is a legal question, and
will DO decided according to tho law, but
it cannot be denied that the intention OF
the mcm5ora Of the General Assembly was
to elect Judge Willard for the unoxpircd
term that they would not have elected him
if they knew it, for tcrw Of six years, and
that Judge Willard knew, and, indeed was
plainly told, thai he was rclnquishng the
ollico of Associate Justice, which he might
continue to hold, for brief term of oilicc
as Chief Justice with 30 hope Of rc-clco.
tion.
Judge Willard cannot sit, Of course,
upon tho hearing of the case, nor can
judge Simpson, who, it is understood, will
continue to act as Governor until Scptcnl-
Der. There iS doubt, too, whether Judge
MCGOWAN can sit, as he WIS elected for an
nnoxpircd term, and tho ISSUE in tho pend
ding case affects him for that rcnson The
vacancies on the bench, caused by inability
to sit, will bc filed by Governor Jcter, the
present President Of tho Senate, who will
become Governor when Gov. Simpson
qualities as Chief Justice Charleston
-Ac,0s and Courier
CHARLESTON, August 12.-Thc first
bale of new cotton Of South Carolina growth
which hos roachcd Charleston this season
was received to- day from Bambcru, Barn,