The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-12-09
Magistrates are 0. K.
They Have Jurisdiction Un-
der the Constitution of 1895.
so DECIDES JUDGE GARY.

so DECIDES JUDGE GARY.
SpARraNBURe, S. c., Dec. 2.-The
following is the decree of Judge
Ernest Gary, handed down this after
noon, declaring that magistrates have
jurisdiction Judge Earle, as is
known, decided few days ago that
they had no Jurisdiction.
State of South Carolina, County of
Spartanburg = Court of Common
Pleas. E E. Dauey, plaintiff,
against Walter L MAN, defend
ant.
& This case comes before me on the
return to rule granted by me direct
to VIC. S O'Shields, Esq, mag
istrase, requiring him to show cause
why writ should not issue from this
court prohibiting him from exercis-
ing Jurisdiction to try case before
him, as magistrate, against the re-
lator.
This and several cases in which.
similar rules were issued were heard
together, as they involve the same
question, the jurisdiction Of magis-
trates under the Constitution of 1895
and the laws now in force {.
From careful consideration of the
various provisions of the Constitution
and the laws existing at the time Of
It's adoption, l conclude that exactly
the same Jurisdiction, powers and du.
ties were conferred upon magistrates
by that instrument as were exercised
BY trial justices under the laws exist
ing when the Constitution went into
effect. The intention was merely to
change the name of the Office and of
the officer ffom "trjal justice" to
magistrate I" This intention be.
comes apparent from consideration
of the laws and conditions in force
and existing at the time of the adop-
ton of the Constitution, and from the
various provisions of that instrument
itself.
Section 20 of Article V says that
teach magistrate shall have the
power, under such regulations as
may now or hereafter be provided by
law, to appoint one or more con
stables to execute wriss and processes
issued by him The conterring of
this power assumes the existence of
jurisdiction to try cases F; if not. there
is no use of the power conferred.
When the Constitution assumes that
jurisdiction exists, that is sufficient
to confer the jurisdiction Again:
4.The present trial justices are de-
clared magistrates, as herein created,
and shall exercise the powers and du-
ties of said Office of magistrate until
their successor shall be appointed and
qualified - This language shows
that it was not intended that there
should be any break in the conduct
of the business of the Office The
same Office should exist, presided
over by the same officer. vino was to
exercise the same jurisdiction, pow
ers and duties, only under a new
came. Any other construction
would render meaningless the words
.sand shall exercise the powers aud
duties of said Office" !" which contem
plate an immediate exercise of said
powers and duties. Moreot If
they were not to enter upon the ex-
ercise of the powers and duties so
conferred Immediately, it was. useless
and unnecessary to declare the pres
ent trial justices to be magistrates.
The proviso of Section % { Art "
affords clear intimation that it was
intended that magistrates should
have the same jurisdiction as trial
justices We know that under exist
ing laws, trial justices had separate
and exclusive territorial jurisdiction"
in some counties, while in others
their jurisdiction extended over the
whole county.
Section "a Cart. W provides that
Cali matters, civil and criminal, now
pending within the jurisdiction of
any of the courts Of this State shall
continue therein Until disposed of &C.
cording to law
The words ''shall continue therein
until disposed of according to law
seems to contemplate a continuance
of the jurisdiction and it's exercise.
Following upon the foregoing pro-
visions, Section XI Art. XVII pro.