The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-03-12


s Courts and vii conduct this prosecu-
tion IN person should the two Courts
confic
Assistar Atttorney General Gunter,
ssas soonsas possible, handed the Gov
enor the following opinion in the mat
ter::
Hon. ne. B. MscWeeneN Columbia,
81 IS. Dear Sir You request to be
advised whether a special or extra
ssteerm ofs Court can be legally held at
one place%in a circuit while the reggu-
1ar term Of Conrtsis being held atssome
other place IN the same circuit?' ?''
The Constitution in the article
rreating the judicial department OF
the State, IN Article 5, Section 6. has
the following provision The Gene
ral Assembl yshaH provide by law for
The temporary appointment of men
learned in the law to hold either
special irregular terms Of the Circuit
Courts whenever there mag be neces-
SHY for snch appointment. Ia pur-
ssuance Of That mandate the General
Assembly by an Act, to be found at
page 32o, Acts 1900, finco orporated In
Codesof 1902, IN Sections 2,5442,5 549,)
makes the following provision Upon
The application to the Governor by the
solicitor Of any circuit stating that
The public interest demanded an extra
fern Of the Court Of General Sessions
IN any county Of the State 1T
shall be the duty Of the Governor to
appoint some man, learned IN The law,
and to be suggested by the Chief jus
tlces Of the Supreme Court OF the
State, to hold an extra term Of said
GOnr5, etc.
&c is thus manifest that there is a
constit tutional privilege and duty to
or6Ar special term Of Court wherever:
asappears that the public interest
demands an extra tern. 9
That this is the onl;; condition pre-
gredent. The mere fact that there is or
may be another Court in session at
The Same time the special term is ex-
pected has no bearing on the speclal
terms. The special term is a constl-.
tntional Court, with equal origin. al-
shorty and dignity as that Of the
regular Court.
The jurisdiction Of the regular
Court can no more interfere With the
Jurisdiction Of the special than the
latter can interfere with the former,
each being Of the same potency-ofr
the work assigned. That It is con
ceiyable that conflicts may arise from
holding two OF. more Courts IN the
same circuit at the same time may be
true, but that is not a question fcr
The executive department IN tie tace
of a plain mandate
The General Assembly clearly recog-
nlzed the view that there may be more
than one Court In the same circuit
at the same time In the following
language, to be found IN Act approx
ed four days later than the Act pro
y1iding for special Court, Acts, 1900,
Page $50, It shall be lawful for the
rresiding Judge, at any special term
Of The Circuit Court, when the official
stenographer is performing the
duties Of his Office at Court then
being held in some other county OF
the circuit, to appoint s5enogapher
for said term of the Court, etc. :,
This seems to me to be conclusive
of the right OF your Excellency to
order a special term Of Court In cir
emit regardless of the fact that there
may be other Courts IN session
TX Gunter, Jr,
Assistant Attorney General
Upon RECEIPT OF this opinion the
Governor received a suggestion from
Solicitor Wilson as to the date Of the
special term, March 81 is the date
named, it being impossible to sooner
legally draw the Jurors, and comply
with the other requirements OF the Law
necessary to the holding of special
fern. All the papers In the matter
we're Immediately mailed to the Chles
Justice with the request that ne
5 5 name some one learned In the law te
preside at the extra term.
Today the Governor wired the
sheriff of Florence County telling
IS him that an extra term Of Court hae
been ordered, and stating also that =
that officer had any doubt as to his
ability to protect the prisoner IN the
zneantime to place him under a strong
pnard of carefully selected deputies or