The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1890-01-30
"No Court for Spartanburg."


Under the above heading we find the
following, copied from the Spartanburg
Herald. Inasmuch as it has been
copied by several papers, and the Act
in question affects Newberry as well as
Spartanburg, we have gotten the opin-
ion of Senator Pope on the Act in ques-
ton and give herewith what he says
oft, and how the law was passed. 1t
would seem from this that the Act is a
valid one, and that proceedings had by
the court under it would be all right.
Senator Pope assures us that the Act
was regular, and is good and valid
law:
'sThere is uncertainty whether we
will have any Spring Court for Spar
tanburg. The last Legislature at
tempted to change the time for holding
court from March to January, but the
passage of the bill was irregular and
the law NAV be void. The Constitu
ton. provides that every bill shall be
read in both Houses three times. The
bill, it seems, was introduced as a joint
resolution and rea>. but once. The
mistake was discovered too late to be-
gin over, and the resolution was
changed to bill. =: the error is fatal
and we 60 on with court every trial
will he void and the expense a useless
burden. If the court is not held the
court will again become far behind
with its business, and justice delayed is
Justice denied"
Senator Pope says in regard to the
Act in question, The Herald and News
having called his attention to the criti-
cism of the Spertanburg Herald: ut
was originally introduced as a bill, but
the enacting words, which are required
to be, BE it enacted &C., were alb
sent, and the words BE it resolved
&C., were used. In this shape it re-
ceived teree readings in the House,
and received its first reading in the
Senate, when this error in the wording
of the bill was discovered. The Senate
thereupon refused to adopt it as passed
by the House. 1t was then by action
of both Houses referred to a committee
of conference as is frequently done,
which committee of conference re-
ported to both Houses its inability to
agree. It was then referred to com.
mittee of free conference by action Of
both Houses, and this committee Of
free conference reported the bill as it
now stands, and the same was adopted
by both branches Of the General AS
sembly, approved by the Governor and
is now law. Such action by both
Houses was in strict conformity with
parliamentary law, and the criticism
of the Spartanburg Herald no doubt
originated in its desire to retain the
former advantages Of that county as to
the time of holding court for Spartan
burg"
As the law stood before, Newberry
was at great disadvantage as to the
time of holding her courts, many times
having to rush through with her civil
business, and many times leaving over
much that ought to be attended to.
Yet we cannot help remarklng, os
we have frequently done before, that
we have entirely too much legislation
and TOO much changing OF our laws.
1r.DGE PRESLEY DECIDES THE ACT
VALID.
Especial to Charleston World.]
SpARrASBURG, Jan. 27.-Court was
called at ten o'clock this morning.
Judge Presley on the bench. Maj.
r. D. Duncan asked that motion be
entertained at this early hour that the
act changing the time for holding the
courts of the Seventh ciccuit was not a
law, not having complied with all the
requirements Of the constitution. He
followed the motion with lengthy ar
nument on all the points raised. So
licitor Schumpert followed with very
short argument. Judge Presley, IN
delivering the opinion of the court salo
that he had to decide the question with
out studying it; that if it were not iof
the fact that he W: 80 soon TO retlre
from the bench, he would not hesitate
| 70 dismiss the court and order an extra
session, hut that he felt constrained 10
| decide it in the way in which least Nils
chief would result. He therefore, de,
cided that the act was constitutional
and valid, and proceeded to organize
the court.
J. D. PiclSard, Columbia, S. c., Book