The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-12-09
SUMTER, S. c.. WEDNESDAY. DECEMBER 9, 1896

from change in the Constitution Of
this State. and in order to carry this
Constitution into complete operation,
it is hereby d declared:
First. That ali laws in force in
this State at the time Of the adoption
of this Constitution. not Inconsistent
herewith and constitutional when en-
acted, shall remain in full force until
altered or repealed by the General
Assembly or expire by their own
limitation /" q < 3 4 x < 4 x
"Second. All writs. actions,
causes of action, proceedings, prose-
cutions and rights of individuals, OF
bodies corporate and of the State,
when not inconsistent with this Con-
stitution, shall continue as valid"
"Fifth. x x x "And all writs.
prosecutions, actions and proceed
ings, except as herein otherwise pro-
vided. shall continue and remain
unaffected by the adoption of this
Constitution !"
"Sixth. All officers. State, excu.
tive, legislative, judicial, circuit, dis
trict, county. township and munici-
pal, who may be in Office at the adop
ton of this Constitution. * x *
shall hold their respective Offices
until their terms have expired and
until their successors are elected or
appointed and qualified, as provided
in this Constitution, &c
In constituting the Constitution, we
may consider laws existing at the
time of its adoption, conditions then
existing, and the inconvience and
injury to the public or to the in
dividual citizens which would from
a particular construction, and the
fact that>no such inconvience o. in
jury would result from the opposite
construction, and we may also con
slider which construction would best
harmonic the various parts and pro-
visions of the instrument with each
other. 1t seems to me that the fore
going provisions Of the Constitution
themselves are. however, enough to
show the intention that there should
be an easy gliding from the Office of
Trial Justice to that of Magistrate
without hitch or frictio.i
Section 21 Cart W contains the
only provision of the Constitution
W hich seems to initiate against this
construction. That section provides: {:
"Magistrates shall have jurisdiction
in such civil cases as the General
Assembly may prescribe " And the
proviso to that section limits the
jurisdiction which may be conferred
upon Magistrates in both civil and
criminal cases 1t is contended by
the relator that this section con:em
plates that Magistrates should have
jurisdiction only in such cases as the
General Assembly may hereafter
prescribe, and that, until the jurisdic.
tion is so prescribed. they haye no
jurisdiction in any case. If this be
the two constructions of that section,
and if the provisions Of the laws Civ
ing Trial Justices jurisdiction which
are in force at the adoption of the
Constitution should be held to be
inconsistent with any provision of
the Constitution. it would seem that
the provision of such laws would fall
within the exception contained in the
third subdivision of section H.,
article II, by which they are ex.
pressly continued in force until such
legislation as may be required to en-
force that section of the Constitution
is had. But | rather think that the
proper construction of the section is
that it was intended to give the
Legislature the right to further re.
strict the jurisdiction which had al
ready been conferred upon Magis
trates, if it should be found expedient
to 10 so. For, as the office of Nlagis
tfate was created by the Constitution
and invested by that instrument with
the jurisdiction, powers and duties
then exercised by Trial Justices,
without the enabling provision of
section 2l, above quoted, it would
have been very doubtful whether the
Legislature could have lessened or
taken away any of the jurisdiction,
powers and duties so conferred.
1t is therefore ordered and adiudg.
ed that the rule be, and it is hereby,
discharged. with costs.
(Signed) Ernest Gray,
Presiding Judge.
December 9. 1896.