Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1892-07-07
An Interesting Decision.

We give below tho full toxt OF tho de-
cisior of Judge Norton in tho cases of
tho State against G. w. Eaton and II. u.
A. Biomann, for ~roiuiiing liquor without
a liconse. Tho defendants were arrested
on warrants issued by Trial Justice Horn
don, bottomed on an order of Judge
Hudson referring tho presentmont of tho
grand jury to him with directions to
bind ovor tho parties and take tie testi-
mony of witnesses for the uso of che So
licitor.
Whom arrested Eaton, acting under tho
advice of his attorneys, Thompson &
Jayncs, and Biomann, under that of
Stribling &c Sholor, rofuscd to cntor into
recognizanco for appearance in tho SEES
sions Court, and applied to Judge Norton
for their discharge under writs of Aa6eas
corpus, on the ground that tho said war
rants wore illegally issued. The hearing
was had before Judge Norton ut his
chambers at Walhalla on Saturday, June
20, tho argninenta on behalf of dofend-
ants boing made by, r. y. Jayncs, Esq,
and Maj. VIM. J. Shibling, while Maj. S.
p. Dcndy, representing Solicitor Ansel,
argued tho cases on behalf of the State.
gs99dge Norton held the matter nndes
ON Which day he rendered the decision
below. AS the points adjudged arc new,
and the decision annuls n practice pretty
generally indulgod i'll by Solicitors
throughout tho State, we give tho full
text of tho decision. Judge Norton says
"These cases como before me on writs
of hadeas corpus, by which it is sough, to
have tho defendants discharged from tho
custody of tho Sheriff. Tho grounds on
which tho discharge is asked boing the
same in each case, they arc, by consent,
heard together, and this order u.s.. there-
fore, made to apply to both tho cases
above stated.
"Tho defendants were presented by
tho grand jury at tho October torn 1901
of tho Court of General Sessions for
Oconcc county for tho offence above
stated, and at tho February torn 1892 an
ordor was signed by His Honor j. II.
hudson directing T.. l.. H%crndon, Trial
Justice, to ,iavo tho defendants arrested
'N '''N' WI w t1BDCt1 St I'LL llO8G
term of tho court and take tho testimony
for tho usD Of the Solicitor. Tho Trial
Justice in obedience to said order, with
out any sworn information before him.
issued tho warrants of arrest and tho de-
fondants are now in custody Hereunder.
Dofendants' counse, dony tho validity of
tho warrants 81 issued. This raises q
novel question, and on which the Court
finds but little authority that renders
much assistance in it's solution. But
thoro arc certain we'll defined general
principles, tho correct application of
which, will load to q proper decision.
"Our systom of government comprises
three distinct departmonts-executivo,
Legislative and judicial, which, while CO.
ordinate, arc yoG independent in their
respective spheres. But the division does
not stop lioTo. III oi.oil department thoro
are various subdivisions just as indopond-
ent of each Other as the different de-
partmcnts themselves. Our system of
courts, which comprises the judicial de-
partmont, is a beautiful one and well
adapted to the full attainment of tho
onds OF Justice in all tho complex affairs
of human no. But the highest accom-
plishment Of these ends will DO attained
by preserving tho independence of each
separate tribunal, which is clothed with
discretionary poWols, otherwise it is oasy
to sec that tho orderly administration of
justice would become marred and proba-
bly, corrupt.
SIN criminal matters tho Sessions
Court has only appellate supervision and
of the C0urt1 Of Trial Justice
4 Id can in no way Interfere with tho dis
.iction with which tho inferior courts
arc clothed by tho Legislature, whether
1t be upon tho trial of q cause of which
1t has jurisdiction or the hearing OF n
in q case to be sent up for
trial.
"Soction $50 of tho Gonoral Statutes
provides that All proceedings before
Trial Justices in criminal cases shall be
commenced on information und0r oath,
setting forth, &C., upon which,
and only which, shall! a warront of arrest
This soems TO DO mandatory and
imperative. And tho expression 'and
only which seems to havo boon inserted
for tho express purpose - prohibiting
these inferior courts from dopriving any
of his liborty until somo follow
has takon tho responsibility of
swearing before him that q crime has
been committed. It Is contondod by tho !
State that tho prosontmont by grand jury
Is equivalent to this information under
How can this be The grand
jury is IL part of tho machinery of tho
Sessions Court and has no connection
whatever with tho court of Trial Justice.
is again contendod that tho Sessions
Court has ordered it and this justines
issuance of the warrants. It Is diff
cult to 500 in tho face of the plain provis-
OF law above quoted what authority