The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-10-12
ARTICLE on JUDICIAL DEPART
EiE%T.
AS 1t VIII Most Likely Appear in South
raroliaa's New Constitution.

L.:
AS 1t VIII Most Likely Appear in South
Carolina's New Constitution.
The committee on judicial depart
ment, Of which Congressman Wilson
is chairman, on Friday presented to
the convention at Coium bia, rs its re-
port the following article, which it has
been preparing for several weeks:
Section. l. Tho judicial power Of this
State shall lie vested il Il supreme court, in
two circuit courts. to-wit: i court Of COM
mon pleas, having civil jurisdiction, and
court q general sessions. with criminal
Jurisdiction only. The general assembly
may establish county courts. municipal and
such other c0lrt:: inf .JT 10 circuit courts az
may tc deemed necessary.
See. 2. The supreme court shall consist o.
a chief justice and three associate justices,
all Of whom shall be present 20 constitute the
court. They shall be elected by a Joint viva
Yoce vote Of the general assembly for the
term Of ei2ht years and shall continue IN
office unit! their sUccessors shall be elected
ard qualified and shall br so classified that
one Of them shall 80 out of Office every two
years.
Sec. 3. The present CHIEF justice and asso-
ciate Justices Of the supreme court are de-
clared to be the chief justice and two OF the
associate justices Of the said court as herein
established until the terms for which they
were elected shall expire and the general
assembly at rs next session shall elect the
third associate justice and make Suitable
provisions for accomplishing the classified
ton ABOVE directed.
Sec. I. The supreme court shall have pow
i-.,, y.ttS rf1lrS
mandamus, quo warranto, prohibition, cerH
ora ii. habeas corpus and other original and
remedial writs. and said court shall have ep-
pellatc Jurisdiction only il cases oicbancery.
and shall constitute Il court for the correc-
ton of errors at law under such regulations
as the general assembly may by law pre-
scribe.
Set. 5. Tho supreme court shall be held at
least twice il each year at the seat Of gov
ernmeut and 1t such other place or places in
the State ~ The general assembly may direct.
Se,.. 6. NJ Judge shall preside On the trial
of ai:y cause in the event OF which he may
be interested. or when either Of the parties
shall b.: connected with him by affinity or
conSarSuiuit%. within such degrees as may
be pres:rihcd by law. or ia which he may
have been counsel or have presided in any
inferior court. IL case all or any Of the
judges Of the supreme court shall be thus
disqualified. or be otherwise prevented from
pf.Si:!;p. ia any .;ust, or raUSrS. the court.
or the judges t1rcof shall certify the same
to the governor ni tho State and hc shall i'm
mediatelv commission specially the requisite
number Of men learned il the law for the
trial and determination thereof. The same
course shall he pursued il the circuit and
inferior ruarts as IS prescribed in this section
for cas2S 0( the suprr!n" court.
See. Z. There shall pc appointed Dy the
Justices Of tho supreme court Il reporter and
Il clerk of said court. who shall hold their
offices for four years and whose duties and
compensation shall be prescribed by law.
Se" 5. When Judgment or decree Is re-
ser-ed or affirmed by the supreme court.
every point made and distinctly stated in
the cause ana fairly arising upon the record
Of the case shall be considered and decided
and the reasons thereof shall be concisely
and briefly stated in writing and preserved
with the records OF the case.
Sec. 8. The judges Of tho supreme court
3nd circuit courts shah each receive COM
pensator for their services. to be fixed by
law. which shall not be increased or dimin-
ishcd during their continuance in Office.
They shall not be allowed any fees or per-
qu;sitc> Of Office. nor shall they hold any 9TH
er Office Of trust or profit under this State.
Sec. 10. No person shall be eligible to the
office Of Judge Of the su rene court or cir
cult courts Who is not ut the time OF bis clec-
ton 4 citizen Of the United States and CT this
State and has not attained tie age OF 50 years
and been a resident Of this State for five
wears next pracclir: his election.
See. II. Ill vacancies IL the supreme
court or inferior tribunals shall be filed by
elections Is herein prescribed: provided.
that e the Gney,ired term does not exceed
.Jnc year such vacancy n!:y lie iilisd hy cX-
ecutlye appointment. Ali judges. By virtue
Of their Office. shall hn cnn&?rVators OF TIC
peace throughout the State.
Sec II. Iii XII cases decided by the sv-
rrcmr conrt tic con'urrrnce OF three OF the
Justices snail i:c necessary for decision; hut
whenever. upon the hearing Of any cause or
QUESTION h''iurc tic supreme court. il shall
;tT;.ear 10 th" i'I.I;:"'$ OF The same. or anE
two q them. that :here Is q question Of con-
stituiona! law. Of n( conflict between the
Constitution and laws Of this State and u
tie United States. or between IL" duties and
Cni~at ions of her citizens under the same.
Or. in case tie court shaIi be oTGaliy divided
OH any question. it sha!! i,r the duty OF the
cA;ti justice. Or il bis atsan:c oG tue preSl@-
Ing associate Justice, ~ call 70 IN" assistance
of tie supreme court all the judges of the
may have tried the cause: the decision OF
which court or 4 majority Of the justices and
Judges sitting il the SAME shall be final and
concIUsiye: and the chief justice. or in bis
absence the presiding associate justice, shall
likewise 1t tire wish Of any two Of the Justices
of the supreme court. call to the assistance Of
the supreme court said circuit judges for the
heter.: nation Of any other cause or ques-
ton to &c Submitted to them. and the decl-
sion q said :3urt. Or majority OF tie JUS
tees and j,i,t;s sitting in the same. shall be
Anal and con::lUsirr. And in such tases the
chief jus:i.e. Of il lis absence the presiding
associate iiis:i"t. shall preside.
See. y. The State stall ba divided into Is
mauv judicial circuits as the general assem-
bly, may prescribe and for eG"h circuit
Judge Shall DC clrclGd By III" joi.t viva roce
Of the general assembly. who shall hold his
office ;1r tr;n .! ,'iI.lt Years: and at the
time IF hi; election hr .I!;!ll be IN elc"tor Of
It couusv Of. ;;ai during Ills continuance in
Office he >haii .1'>!'" il. the circuit Of which
he is Judge. T:.& prc-"Nt judges of tho cir
cult courts shall 4Untiaua il office until the
expiration CT Tie terms for which they were
elected.
Sc,. i. Judges oi the circuit courts shall
Interchange circuits with each other. and
the general assembly shall provide therefor.
Sec 10. Inc cOn:ts o. common pIeaS Snail
haze original jurisdiction. subject to appeal
- TIC sarrcal" court. 0 issue writs or or
t!crs 81 in! JUNCTION. mandarnus, prohibition.
rrr;iurarir;, quo waraato, ,habeas corpus, and
S,lcn pther writes as may be necessary to
carry their powers inso full effect. They
shall have Jurisdiction in all civil cases.
They shall have appellate Jurisdiction in all
"ascs within the Jurisdiction OF inferior
..ourt&.
Str. lG. Ihe rour; II common pleas shall
Sit III ea:il c9uGjy in this Statc at least twice
in every year. Il. Sach stated times and
places a. may i}e appointed by law.
Scc. II. Ii sha!! l'c the duty ofthe justices
ii the supreme coniI and judges Of the cir
nit courts 10 file THEFT desris:ons within 70
,!:ivs 1rr!.l tie last ,;ay RI the court at which