The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1902-03-27
The County Wins.

The case of j. B. Hunter, sheriff, re
spondent, against Bamberg county, ap
pellant, was decided by the State Supreme
Court last week, the decision of the Cir
cult Judge being reversed. The effect OF
the decision is that the Sheriff will here
after get no extra pay for serving elthel
the first or second week jurors, the Su
preme Court sustaining the contention OF
County Attorney H. F. Rice, Esq, that
the act creating Bamberg county gave
him Il salary in lieu of all fees for work
done for the county.
The point of the case is that the Sheriff
contended that he was entitled to $25 for
serving petit jurors which try civil cases.
The matter was carried before Judge
Buchanan soon after the county was form
ed, and he decided that the Sheriff was
entitled to pay for this service. Thecoun
ty accepted the decision and paid him.
| Later it came about that the court of gem
eral sessions would close during the tlrst
week, and civil cases would be tried by
the petit Jurors summoned for that week.
The Sheriff then claimed that, when civil
cases were tried during the first week OF
court, he was entitled to pay for serving
the venire of the first as we'll as the second
week. The county refused to pay for any
except the second week venire, and at
Judge Buchanan's court here last spring,
the Sheriff again brought the matter be-
fore him, he again deciding for that Of
ticial. The county appealed the case to
the State Supreme Court, with the result
above stated. When the matter first came
up, the then county attorney Jno. r. Bel
linger, Esq, contended that the county
should not pay for serving jurors for
either week, and his contention has been
held by the Supreme Court to be correct.
Following is the decision:
J.B. Hunter, sheriff, v. Bamberg coun-
ty, acknowledgements of sheriff
of Bamberg. Statutory provisions. Con-
struction.
In this controversy submitted without
action. to determine whether the sheriff
of Bamberg (beinga salaried officer) is en-
titled to fees for summoning jurors in the
circuit court, the circuit court (Judge
Buchanan) adjudged that the plaintiff us
not entitled to receive any costs or 1ees'
in addition to his salary, for serving the
yenire for any grand jury, nor TOR any
petit Jury which shall be exclusively en-
eared in the trial of cases in the court OF
general sessions; but that whenever pet
It Jury SO summoned by him shall try any
case in the common pleas, whether during
the first or any subsequent week OF any
term of the circuit court, then the SAID
sheriff shall be entitled to receive from
said county his full fees and costs tor
serving the yenire for such jury IN addl-
ton to any salary now allowed him by
law" The defendant appealed.
The circuit court erred in holding that
the county of Bamberg is liable to pay
sheriff's fees for summoning Jurors when
used in the trial of civil cases.
The serving of venire for petit Jurors,
whether used in the court of general ses-
sions or in the court of common pleas, IS
certainly "work (done by the sheriff. with
in the county," within the meaning OF
that phrase as used in section OF the act
to establish Bamberg county (22 stats.
54S). .,
The words "and for all work done with
in the county, cannot be stricken from
the act bv the court, but must receive a
which is reasonable in view
of the purpose of the legislation-the pur-
pose to pay county officials out of the
county funds salaries in lieu of the fees
and costs provided by law, which may be
chargeable against the county.
The act in question contains no evil
dence of an intention to substitute salaries
for costs and fees which may not be
chargeable against the county.
A proper and reasonable construction
of the language "for all work within the
county" should be "for all work as sheriff
within the county, for which the county
is liable"
The construction given by the circuit
court makes the words quoted meaning
less, whereas the addition of the words to
the preceding language 'costs and fees
in criminal cases" shows an intention to
substitute the salary for other services not
strictly within the terms.
Thcsalary provided is in lieu OF sheritf's
fees for serving venire for petit Jurors
in the circuit court.
As the question presented by the re-
spondent, touching the constitutionality
of the act establishing Bamberg county,
was not presented in the circuit court, 1t
is not properly before the supreme court.
judgement below reversed. Opinion
bv MIR. Justice Jones. Filed March 10.
Mr.. H. F. Rice for appellant; Messrs.
Inglis & Miley for respondent
Hartzog Happenings.