The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1896-01-08
Mr.. NJ. ]. Browning of Orangebure

alleged murderer of Treasurer Copes
of Orangeburg, who will ask for new
trial. Mr. Browning objected to the
court hearing the appeal on the ground
this is not the court as required by the
constitution. Questions of constitu-
tionality will come up in the case,
which under the constitution, re-
quires the concurrence Of the entire
court. This court might not agree and
he felt that his client was entitled to
be heard by the full court. It is pro-
vided that cases before the court under
the old constitution must be rransfer-
red or removed by legal process to
courts created by the new constitution.
Justice Pope interrupted the speak
er here and asked whether it was not
an historical fact that Franklin J.
Moses, elected chief justice, and Will
lard and l1oge, elected associate iusti-
ces, were not considered the Supreme
Court of the State, although Moses
had to. wait several months before he
could qualify, until Congress had re-
moved his political disabilities; yet the
two members of the court transacted
all business without him and until he
did qualify, and no question had been
raised as TO the validity of their ac-
tions2 Mr.. Browning said that he
thought the Justices historical infor-
nation was correct, but that there was
shade of difference between that case
and this. Although Chief Justice
Moses could not qualify, still the court
was legally constituted and the two
qualified members were quorum.
Tue absent member was there con-
structively, if not actively, which is
not the case in this instance, as the
fourth justice has never been elected.
Solicitor Jervey then spoke for the
validity of the court as constituted.
He read some decisions bearing on the
question, and said that the Legisla-
ture could he aptly used as an illus
tration of the principle he wished to
bring out.
Under the Constitution it was re-
quired that half of the members should
constitute quorum. Suppose for
some reason one or two counties failed
to have ar election and FIVE OR six
seats were vacant. Could not quo,
rum meet and transact business! 1t
is claimed that this court is not or
ganized because one member has not
been elected. If quorum is-present,
however, why can't it go on with the
business before it? The case Justice
Pope cites is analogous to this and
shows that what he contends is right.
In the case of Sullivan Spice it was
decided that two members were the
court, even though no successor had
been elected to succeed Judge Haskell,
VINO had resigned anc no successor
to him had been elected. There was
no absent judge in this case, but the
place was vacant. 1t seemed to him
that the cases were analogous. Here
we have three who constitute quo
rum, and quorum has rig ght to per-
form all the duties of a full court.
The object of the convention was that
this court should continue in exist
ence. As to the sections in reference
to the transferring of causes, he con-
tended thstt that section referred to
transferring cases from courts as for
merly constituted to others entirely
new, such as county courts. Even
taking the view that this is the old
court, it is provided in Section 3, para
grapn OF the article on miscellane-
Gus matters that until the Legislature
provides for a new court, the old re-
mains the sane in power.
Judge Townsend closed the argu-
ment. He spoke first of the intention
of the convention. holding that it was
clearly shown by the text that no dis
arrangement or disorganization of the
courts was contemplated until the
Legislature should act. This IS shown
in the judicial article itself, and refer
ence was made by Judge Townsend to
the fact that this Identical question
was brought up by members Of the
convention in his Office, and that a
section was especially devised to meet
the very issue now raised. He read
various sections of the Constitution to
prove these facts, showing that espe-
cial pains were taken to provide that
all causes then pending should re-
main in the courts until decided by
law. The judicial article especially
has provision which meets the issue.
The question is not the organization
of new court. It is provided in the
Constitution that the functions and
personnel of this court shall continue
and it is in all respects declared the
Supreme Court except that an addi-
tional member is provided when the
Legislature meets. This does not
make new court, but an additional
member Of the sane court. Judge
Townsend contenued that there was
no conflict between sections s and 81.
Section 6 referred not to cases that
were pending in courts which would
still exist, but to courts that were to
be newly created. He contended that
the whole question was resolved into
what was intended by the convention
and he held that it was clear that the
Supreme Court as formerly constituted
should continue in effect until other
provisions are made. Chief Justice
McIver said that it was g serious ques
ton and that the court would tax time
to consider it. He, therefore, ad
journed the court until today, when
he said he hoped decision would be
ready.
Fought 2 Crowd.
WASHINGTON, Jan. Horace Shep,
hard, who is said to be a medical stu
dent from Staunton, Va, attempted to
commi. suicide about 10 o'clock last
nioht et the WASHINGTON end of the