The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-12-02
Anomalous Position.
Magistrates Without any Ju-
rIsd1ctlon Whatever.
so JUDGE EARLE DECIDES.

The Magistrates of this State are
in an anomalous position. They are
officers without any jurisdiction
either civil OF criminal So Judge
Earle has decided in Barnwell, &C.
cording to the Sentinel of that coun
ty..
A case was brought before the
Judge by Major L. 7. Izlar, who
raised the point that the Act provid-
ing for the appointment of Magis-
trates simply created the Office with
out prescribing the jurisdiction. of
the officers, and that as the old Trial
Justice system was constitutional
and had not been repealed, that sys
TEN was still of force, making an
Office in existence without any
officers to fill them. for there are now
no Trial Justices.
Judge Earle. according to the pa
per, decided that Major Izlar was
right and dismissed the case against
his client who had been arrested on
order of Magistrate.
This curious and unfortunate con.
dition of affairs arose from the bill
creating the Office of Magistrate,
which passed the last Legislature
after long and somewhat acrimoni-
Gus debate The bill took away from
the Governor the power of removing
Magistrates, and although a great
fight was made to strike out that fea-
ture, 1T did not succeed In accord
auce with right given the Governor
under the new Constitution he ap-
proved that portion of the bill which
appointed Magistrates and named
their salaries. but "held up" the 9th
er portion which took away the
power of removal and which defined
their duties, and thus it is that there
are Magistrates holding Office and
drawing salaries who, according to
the judicial opinion, have no right to
absolutely do anything pertain
ing to the duties usually devolving
upon such officers
Major Izlsr raised the point last
spring aud was about to begin habeas
corpus proceedings before the Su-
preme Court to test the matter in the
case of a certain prisoner in Barnwell
County. Governor Evans, seeiag
the point and the complications that
would arise. pardoned the negro and
left Major 1zlar high and dry with no
case to proceed on But he evident.
" didn't intend to be blocked and
got up another one before Judge
Earle and won it.
The same question came up before
Judge Benet last spring, in which he
rendered decision which was gen.
orally thought to be of the same ef-
feet as that of Judge Earle's, but
Governor Evans eta!es that Judge
Benet says his decision has been mis-
understood by the public, and that he
didn't decide that way.
1t can be easily seen to what dis
astrous results such state of affairs
can lead Law.breakers will only
have to raise the point that the Mag
istrate has no jurisdiction and that
will settle it as far as they are con-
cerned, unless the lawyers can de-
wise some means to hold them fur
ther Those fellows who have al
ready been sent to the chain gang or
the Jail will likely kick themselves
that their lawyers didn't discover the
flaw in the law and save them. But
now they have no redress, as they
submitted without raising the point
of jurisdiction.
Governor Evans was asked yester.
day what was to be done about it,
and said nothing could be until the
Legislature met Columbia Regis
ter