The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-02-19
SUPREME COURT DECIDES THE NEAL
CASE.
Interesting Because Another Circuit judge
Hci Decided Directly Opposii Text OF
Decree.
(Thc State I'cby. I6)


has won noteworthy victory. There is
another cas-" pending however, just as
interesting. The opinion is unanimous
one, being written by Associate Justice
Gary.
III October, 1899, w. y. Neal, who had
been superintendent of the State pcn-
ltentiary from November, 1892, until
March, 1899 was indicted, as such su.
pcrintcndcnt, for collecting by virtue
Of his Office, and failing to turn over to
his successor, ID. J. Griffith, SI,5.,L The
case came up before the Hon. ". &,
Benet, presiding Judge during the April
term Of 1900 for Richaud county, and a
motion was made by =. H. Nelson, Esq.,,
defendants counsel, to quash the indict-
mcnt upon The ground that the SUN
SO received Was for convict hire,
which the superintendent was not charged
with receiving or disbursing by virtue OF
his Office. The motion was strcuuouslv
opposed by Attorney General G. Duncan
Bellingcr, but was granted by his Honor
upon the grounds stated III the motion.
Thcreupon the attorney general appealed
TO the supreme court and the case was
heard during the November term and
tic following opinion has just been filed:
"Thc defendant was indicted under
section 3ol Of the Criminal Code which
contains the following provision: 1T
shall be the duty Of every sheriff, iudrc
of Hlt,t .>1n, +
pleas, county treasurer, or any other
State or county officer entrusted with
funds BY virtue of his Office, upon retiring
from office, to turn over to his successor
all moneys received by him as such
officer, and remaining III his hands, as
such officer, within thirty days from the
time when his successor shall have enter
ed upon the duties Of his Office etc.
''Thc fifth exception was abandoned.
1t will not be necessary to consider
the exceptions seriatim as the appellants
attorneys correctly state that the practical
question presented by them is: Was
Neal. at the said dates, as superintendent
Of the State penitentiary, and by virtue
OF his Office as such, charged by law with
the receipt Of and entrusted with moneys
arising from convict labor?'
"The Office Of superintendent of the
penitcntlary does not exist ut common
law. We must, therefore, look 10 the
laws of our State to ascertain his powers,
duties and liabilities.
'By section 55I of the criminal cole it
IS made the duty Of The superintendent of
the penitcntiary TO receive and pay out
all moneys granted by the general assem-
bly,, or Ill any other way "l"ruing for the
support of the prison ant carrying OH the
work.
"Scc,ion Of the act of 1899, page Sd
to which reference is made in the order
OF his honor the presiding judge, con-
talns the following provision, to wit
That the board Of directors of the State
penitentiary are hereby directed to pay
the treasury of the State at the end of the
State at the end Of each three months or
within five days hereafter all amounts
received by them from the hire Of con-
victs and from other sources, after DAY.
ing the necessary expenses Of the said
institution and all other disbursements al
lowed by law, the said amounts TO be
paid into the treasury TO be held subject
to the warrants ofthe comptroller general,
to pay the amounts appropriated by the
general assembly i'll the same manner as
other funds III the trcasuary.
The amounts received from the hire
OF convicts were not to be paid into the
treasury until the necessary expenses of
said institution and all other disburse-
mcnt allowed by laws were deducted
thcrcfrom.
"rhe moneys received from the hire CT
convicts were primarily applicable to
said expenses and other disbursements
and it was only the balance remaining
after the payment of said expenses and
disbursements that was to be paid into
the treasury.
Section 3. act OF 1899, must, therefore,
be construed as intending that moneys
received from the hire of convcts arc to
be regarded as accruing for the support
of the prison and carrying OH the work.
"Under the provision of the statute
making it the duty Of the superintendent
Of the penitcntiary to receive all moneys
accruing for the support Of the prison and
carrying on the work he had the right,
by virtue Of his Office, as superintendent,
and it was his duty to receive moneys
arising from the hire Of convicts. His
honor the circuit judge was, therefore, in
ruling that he did not receive the funds
arising from the hire Of convcts by virtue
of his office as superintendent.
"Thcrc are several other statutory
provisions, mentioned in The argument
Of the appellants attorneys, at least
tending to show that the foregoing con-
struction is correct, but the court does
not deem it necessary to refer to them.
cit is the judgement Of this court that
the order of the circuit court be re.
vcrscd"
This case is of considerable interest