The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-04-26
Supreme Courts Construc-
ton of the Constitution.
ANIMPORTANT DECISION
Estate Of a Party Lynched
May Obtain $4,000 Dam
ages.

The State supreme court yesterday
rendered decision which virtually
means that the estate of a party who
comes TO his death at the hands of a
mob may obtain damages from the
county of which be was resident
The constitution of 1895 contains
a clanse which makes an officer guilty
of q misdemeanor who permits a
prisoner TO be taken from him and
lynched "Provided, in all cases of
lynchiug where death ensues, the
county where said lynchiug takes
place shall. without regard to the
conduct of the @cers, be liable in
exemplary damages of not less than
$4,000 to the legal representatives OF
the person lynched -
The general assembly in 1896
passed an act in compliance with this
section of the constitution There
has since been 10 demand for dam,
ages which has obtained judgment
through the courts until the decision
fled yesterday.
in January. 1897, Lawrence
Brown, colored, was by mob
hanged to telegraph pole in
Orapgeburg couaty His estate,
through Isaac Brown, as administra'
ter, brought action against the coun-
ty to recover damages
Judge Aidrich instructed the jury
TO bring in a verdict in favor OF
Orangeburg county, as the State
conferred upon the estate OF the
deceased no right to recover dam
ages, as the party lynched was not
in the custody of an officer.
The case was appealed to the su
preme court, which reversed the
Judgment of the circuit court and
remanded the case for new trial in
Orangeburg county.
The opinion was written by Justice
Gary and concurred in by oh1ef
Justice McIver and Associate JUS
tices Pope and Jones.
After reviewing the section OF the
constitution in connection with the
facts the opinion says:
"The intention Of the constitution
was to prevent the crime of lynchlng
10 two ways: First, by visiting upon
the officers of the law the penalties
therein mentioned when prisoner,
lawfully in their custody, was lynch
ed by a mob through their negIl
gence, permission, or contrlvance,
and second, to induce the cooperation
of the taxpayers in preventing the
lyncbing, in order that their county
might not become liable to the pen.
atty by way of exemplary damages
of not less than $4,000 to the legal
representatives. Of the person lynch
ed
The lyncbing Of a prisoner and Of
one not in the custody of the law as
such, is murder in both cases. 1t
would, therefore, at least seem
strange if the trainers of the consti'
tuition we're careful to provide in the
organic law of the State remedy for
preventing the lynchipg Of prisoner
and remained silent as to the remedy
in all other cases of lyDchipg
The constitutional provision, how
ever. is not confined to the lynchipg
of prisoners The words: without
regard to the conduct of the officers,
when considered in connection with
the evil which the constitution
intended to remedy, must be con
strued to mean without reference to
what has been said in regard to the
conduct of the officers, or IN other
words without reference to other
provisions of the section. They were
inserted for the purpose of showing
tnat the proviso was to oe construed
independently and wi.out regard to
what preceded it. The word pro
vided" is omitted in the act, and THIS
fact shows tha. the Legislature gave
to the words without regarding to
the conduct of the officers" the con-
struction which this court has placed
upon them.
81, must be remembered that many
Of those who were members of the
constitutional convention were like
wise members Of the general assem-
blv when said act was passed.
While, of course, construction
by the legislative branch OF the gov
ernment would not be binding upon
the courts, still in this case it is we'll
worthy of consideration.
"The act intended to make the
county liable for damages in those
cases only which fall within the pro
vision of the constitution and it has
correctly con strued the constitution
to make a county liable for damages
wien the persons Iyuched was not IN
,ho cnstody of law as a prisoner.