The Union times. [volume] (Union, S.C.) 1894-1918, 1896-12-11
So Decides Judge Gary Under the
Constitution of 1895.
MERELY TO CHANGE THE NAME
or the Office and the Officer From
''Trial Justice" to tosMagistrate" was
the Intention of tho Law Makers.

Seeioeo ie" uoSS aBo tnaI thos h""
risdiction.
State OF South Cdroiima, County of
Spar;0n6urg - Court Of COmm0m
Nc0s-E. T.. DdnCy, ptdntN
against Waiter l.. Main. dcfc''dant
This case comes before me on the
return to rnlo granted by me direct
to W. G. 5. O'Shields, Esq, magis-
trate, requiring him to show cause why
writ should not Issue from this court
prohibiting him from exercising lurIs-
diction to try case before him, rs
magistrate, against the rclntor.
This and several cases in which sim.
liar rules were issued we're heard to-
gether. rs they involve the same ques-
ton, the jurisdiction IF magistrates
under the Constitution of 1893 and the
laws now III force.
From careful consideration of tho
various provisions of the Constitution
and the laws existing at tho time of It's
adoption, l conclude that exactly the |
same jurisdiction, powers and duties |
were conferred upon magistrates by
that instrument as were exercised by |
trial justices under the laws existing |
when the Constitution went into effect.
The intention was merely to change |
the name of the Office and officer from
, '.trial Justice to 'magistrate.' This
intention becomes apparent from
consideration of the laws and condi-
lions in force and existing ut the time
of the adoption of the Constitution,
and from tho various provisions OF chat
instrument itself.
Section 90 of Article V says that
'each magistrate shall have tie power,
under s"ch regulations as may now or
hereafter be provided by law, to ap-
point one or more constables to exc
suite writs and processes issued 10y
him" The comforting of this power
assumes the existence of jurisdiction
to ,ry cases; 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: ''The
present trial justices are declared mag
istrates, AS. herein created, md shall
exercise the powers and duties OF said
Office of magistrate until their success
sor shall be appointed and qualified.
GhoWs that it was not in
tended that there should be any break
in the conduct of the business Of the
Office. The same Office should exist,
-, - over by the tn! same officer
presluesa.ase~~, ~, w,;t,,cl.
Tho WAS to exercise the same Iurisdfc
!, Hon mowers and duties, only under ,
new name. Any other construction
would render meaningless the word
..and shall exercise the powers and du
ties of snid Office" which contemplat
an Immediate exercise of said power
and luties. Moreover, if it were no
to enter upon the exercise OF said pow
ers and duties SO conferred immediate
lv il was useless to declare the prescr
trial justices to be magistrates.
The provision of Section 23 (Art
w affords n clear intimation that
wns intended that magistrates shoul
b.vn the same jurisdiction as trial jns
t;ces We know that under cXistin
lnws. trial justices had separate An
exclusive territorial jurisdiction
somc counties, while in others the
jurisdiction extended over the who
county.
Section 81 art W provides th'
CAN matters civil and criminal, no
pcnding within the jurisdiction
amy of the courts of this State sha
continue therein until disposed Of a
cording to law.
The words "ohall continue there
until disposed OF according to lav
seems to contemplate cont
nance OF the jurisdiction and its exc
else.
Following upon the foregoing pr
visions. Section NJ Cart. NNID III
ydes:
That no Inconvenience may arl
from "A change In the Constitution
this State, and In order to carry Il
Constitution into con plcte opcrntlo
tits hereby declared:
"rlrst. That all laws in force
this State at the time oI the nioptI
Of this Constitution, not lncoslstt
herewith and constitutional when 1
acted, shall remain in full force III
altered or repealed by the General .
semblv or expire by their own llmi
ton.
Second. All writs, actions, eau
OF action, proceeding, prosecute
and rights OF individuals, OF bod
corporate and OF the State, when
inconsistent with TINS Constitution, 81
cpntinuc a. valid.
Fifth. "*' "And all wrlts. pro
cutious, actions and proceedings,
cept rs h"Ic.m otherwise PROVE!
shall coI,tlu,.. i.i'i r"",nIn unailCC
~, ,ne adoption of the Constitution.
sixth All officers, State, cxecnt
legislative, judicial circuit, distr
10 III nd al ,