The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-04-15
The Veto and its Effect.
Have the Magistrates any
Actual Powers Now?

The 7e;oiug by the governor of the
act entitled, TO provide for the ap-
pointment Of magistrates and to
define their jurisdiction, powers and
duties will probably sesrlt ia trouble
before the matter can be doally adjust
ed. That act was passed in obedience
to sections 90 and 81 CT article Of the
constitution, which reads as follows:
Sec. 20. a sufficient numoer of
magistrates shall be appointed and
commissioned by the governor, by aDd
With the advice and consent Of the SEN
ate. for each county, who shall hold
their Offices for the term Of two years
aud until their successors are appointed
and qualified Each magistrate shall
have the power. under such regulations
as may now or hereafter be provided by
law, to apopint one or more consta-
bles to execute wriss and processes is
sued BY him The present trial justi-
ces are declared magistrates as herein
created, and shall exercise the powers
and duties Of said Office Of magistrate
until their successors shall be appointed
and qualified. Each magistrate shall
receive salary, to be fixed BY the gen.
eral assembly, ia lieu Of all fees in
criminal cases
Sec. q. Magistrates shall have jn.
risdiction in such cases as TIE general
assembly may prescribe provided,
snch Jurisdiction shall not ez'ecd to
cases where the value Of property In
controversy. o. the amount cial:ncd, !,
exceeds Sl00. or TO cases where 'he
title to real estate is in question, or to
cases ia chaucer7. They shall have
exclusive Jurisdiction in sach crlnaiaal
cases as the general assembly may pre-
scribe provided, further, such jur!sdlc-
tion shall not extend 10 eases where tae
puoisbmen: exceeds 6ne Of 500 or
imprisonment for 80 days Iu criminal
matters beyond their Jurisdiction to try,
they shall sit as examining courts and
commit. discharge or Except IN capl-
tai cases) recognize persons charged
with such offences. subject TO such re-
gulatiops as the general assembly may
provide. They shall also have the
power to bind over TO keep the peace
and for GOOD behavior for a time not to
exceed y moDths
\ pror,ineut lawyer Of the Colambia
bar was seen by representative OF
The State and his views on tic subject
we're obtained.
Since the gogernor has vetoed this
bill said the lawyer, q hardly tblok
the magistrates pow have auy authority.
Section 20 states. '5he present tilal jss-
tees are declared magistrates as herein
created, aud shall exercise the powc:s
aud duties Of said Office Of magistrate
until their successors shall be appointed
and qualified This you, see. creates
the trial justices magistrates but does
aot say thae their powers shall be the
same as the powers of trial justice
we're
They shall simply exercise ibe
powers and duties Of said magistrate.
But what ere these powers ? Clearly
not the powers Of the trial justices, but
the powers of magistrates, aud since
section 81 leaves the duties, Jurisdiction
and powers Of magistrates to be 6xed
by the general assembly, | do not now
see where they have under the coustitu.
ton, any power whatever, except tc
bind persons over to keep the peace as
section 21 states -
The attorney general was called on,
but Judge Townsend, who was the
only one present, would not give his
views
The governor vas not io the city,
and could Dot be seen.
It will be remembered by these who
read the proceedings of the senate. that
Senator. Barnweii Of Charleston made
a speech when the bill vas going
through the upper house, in which he
made the point that under the coastitu
ton. magistrates could cot be removed
except by impeachment, as they we're
on the same footing as other ministerial
officers Of the State This view vas
eoncurred il By the lawyers on both
sides of the house.
The decisioa that is reached 90 this
question viii be Interesting
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