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

H13l. De- Q6tQs b. tIiSsgO .As'
HoWs Next Monday at George
Town, the next at Kingstree, the next
lat Manning and the next t*at Sumter.
Nov the question is this Can
special orse extra term of Court, as
p1;,oYlziided for BY the Act of 1900, pages
E2933O, be legally held at one place IN
circuit while the regular term OF
court is being held at some other
pdace u the same circult2 LIZ thlssc
zsbe done, then 4 now make formal sap-
paiieattiion TO your e11ency TO order
Such extra or special term Of the Court
nf General Sessions for the trial OF
above stated case at the earliest
Tracticable time. necessary will
get some one to represent me at other
Courts andsWil conduct this prosecu-
lion 81 person should the two Courts
sconGct.
Assistant a attorney General Gunter,
I as soonsas possible, handed the Gov
sanor the olloWing opinion IN the mat
ter
Hon. ne 3. insolvency, Columbia,
Dear Sir: You request to he
sadYised whether a special or extra
tern Of Court canSbe legally held at
one place IN a circuitt t while the regn-
aar term Of Courts being held at some
other place IN thessa circuit
he Consti tuition, in the article
srreasing the judicial department. OF
the State, IN Article5, Section s, has
The following provision: The Gene
Eal ASSEMBLY shall proYide bylaw for
HE temporary appoin ntment OF men
slearned IN the law to hold either
special orsregular terms Of the Circuit
Courts whenever there may be neces-
sity forssucb appointment. u In pur-
suance. of That mandate the General
Assembly by an Act, to be found at
page 32o, Acts 1900, incorpo IN
Eode.of 1902, IN Sections 2,7Az2,749,))
makes the following provision 8: Jpon
the application to the Governor by the
sSolicitorsof any circuit stating that
The public interest demanded an extra
Jerm 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 10 the law,
and to be suggested by the Chief jus
t1ces of the Supreme Court OF the
State, to kold an extra term Of said
Eour5, z etc.
lt is thus manifest that there is a
constitutional privilege and duty to
pr6er a special term Of Court wherever
appears that the public interest
demands an extra term. 9
That this is the onl:: condition pre-
redent. The mere fact that there is or
may be another Court Ia session at
The same time the special term il ex-.
xpecJed has no bearing on the special
terms. The special term is consti-
tutional Court, with equal origin. au-
fhority 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 or more Courts IN the
same circuit at the same time may be
true, but that is not a question for
The executive department in tie fsce
of plain mandate.
The General Assembly clearly recog-
nized the view that there may be more
than one Court In the same circuit
nj: the same time IN the following
Ianprage, to be found IN Act approx
ed four days later than the Act pro-
riding for special Court, Acts, 1900,
Page $50, It shall be lawful for the
presiding 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
fhe circuit, to appoint a stenogaphe1
for said term Of the Court, etc. y
This seems to me to be conclusive
of the right OF your E1cellency te
crder a special term of Court in cir
rnit REGARDLESS of the fact that there
NAV be other Courts In session.
u. x. Gunter, Jr.
Assistant Attorney General.
Upon RECEIPT of this opinion the
fzoyernor received suggestion from
Solicitor Wilson as to the date Of ths
special term, March 81 is the date
named, It being impossible to soonel
legally draw the jurors, and comply
with the other requirements OF the lav
necessary to the holding OF a specla
term. All the papers IN the matte
we're Immediately nailed to the Che:
Jnstice With the request that =ht
name some one learned In the law t
preside at the extra term.
Today the Governor wired TIT
sheriff of Florence County telling
{ .hitn that an extra term of Court hae
been ordered, and stating also that, I
that officer had any doubt as to hl:
ability to protect the prisoner IN tn
meantime to place him under strons