The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-01-16

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ter in his own domain. His address,
his bearing, his industry in tho
preparation and the logical presen-
tation of his cases, and his easy elo-
quence, at once placed him in the
front rank of the profession. Hence,
when the State Government, in 1875,
passed once more into the hands of
the intelligent elements of society,
where, under any system of good
government it rightfully belongs, Mr.
Mclver came to his own. On the
10th of May, 1877, he was elected
Associate Justice of the Supreme
Court Of South Carolina, to fill out
the unexplred term of Mr.. Associate
Justice Willard, who had just been
elected Chief Justice to fill out the
unexpired term Of Chief Justice
Moses then lately deceased. The
term of Chief Justice Willard as
Associate Justice would have ex
pired on the 3lst of July, 1878, and
accordingly at the regular session of
the Legislature, in December, 1877,
Mr.. Justice McIver WAS unanimously
elected Associate Justice for the full
term of six years, beginning on the
LIST of August, 1878. The torn Of
Chief Justice Moses, deceased,
would have expired on the Goth of
July, 1880, md accordingly at the
preceding session of the Legislature
in December 1870, an election was
held for Chief Justice for the term
of six years and Judge Mclver was
unanimously elected
Now began chapter in the life Of
Judge McIver which must ever re-
fleet credit upon him as man and
as an uuselfsh patriot The right
to hold the election at that time was
strongly disputed by the then Chief
Justice, (Willa !, who claimed that
by virtue of his election as Chief JUS
tice, in May, 1877, he was entitled
to hold the Office for the full term Of
six years; to. wit, until May, 1888 and
that his tenure was not limited to
the unexpired term of his predecessor.
The Legislature, however, took a
different view, as the words of the
Constitution clearly warranted, to
wit, that Willard was elected and
could only hold office for the unex-
pired term, and therefore the Gener-
al assembly proceeded to hold the
election in December, 1879, to fill the
vacancy that would occur in the Of.
flee Of Chief Justice on the Goth OF
July, 1880. The election of Judge
McIver as Chief Justice would, OF
course, leave the office of Associate
Justice vacant at that date; and, up
on mature deliberation, the conclu
sion was reached that the Legislature
had no power to fill the vacancy al
that time-in advance which would
occur in the Office of Associate Justice
when he (McIver) should accept the
office of Chief Justice, in August,
1880, which would then become va
cant under the theory upon which
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the Legislature had acted; and that
therefore the title to the Office Of
one who should then be elected As
sociate Justice to fill the vacancy oc
casioned b" Judge MdIver's accept
ance Of the Office Of Chief Justice
{ in August, 1880, might we'll be ques
, toned. The Validity Of the election
as Chief Justice was beyond ques.
ton, but the title Of the person wht
, should be elected in the place of AS
sociate Justice McIver would no
4 only be questioned, but would, in tn,
opinion of the Attorney General, b,
, questionable. This, of course, woult
have embarrassed vel ! much, if it hat
not thrown an insuperabe obstacl
in the way of the proper decision O
the question which it was then Chic
q Justice Wizards intention to max
o as to his own tenure, and which h.
, afterward did make, unsuccessfully
The practical question to Judge Nc
y 1ver was, whether he should, merel
4 for the additional honor and emolu
). ment incident to the office Of Chic
4 Justice, expose the State to the ha
y zard of having its most conservativ
n element-the judiciary--at mos
4 momentous crisis, disorganized, an
| its authority called in onaation