The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-06-09
GARY'S RULING ON
SEARCH WARRANT
A MATTER OF FAR REACHING
IMPORTANCE.
The Document Which Farmer Served
OIL Sellers is Said to Have Been.
of No Force.

made Il ruling Saturday which is of
considerable Importance in general
way, as it affects the authority of ev-
cry dispcnsary constable in the
State. In the Sellers case Judge
Gary held that the deceased, Farmer,
who was appointed and commissions
ed by Gov. Anscl as Il member of the
Richland county constnbulary, was
not IL property constituted constable
to execute Il search warrant
Ruling of the Court.
Judge Gary said in announcin" his
Nccision:
''Thr view | have taken of this
renders il unnecessary for me tn go
into the merits or validity Of the war
rant on It's racn that is the search
warrant | am going to consider the
uurStinn with the view that the war
rant is regular and LEGAL in 80 far as
the form Of the warrant is concern
rd
81 fax" it that the question invol-
YES the issue whether the deceased,
at thr time of the homicide, was an
officer OF the law. in discharge Of his
duty aS such officer in the execution
OF the search warrant introduced in
evidence. This brings up the uucS-
ton whether his commission bv thr
governor qualified him as such officer
who, by reason of such commissions
III the absence of any special ap-
pnintmrnt from the magistrate is
suing th" warrant, was clothed with
the authority to execute the same
This authority, it is conlcndrd. is Civ
on under the lisprnsary law. section
3S. which reads as follows:
''lt shall be the duty of the
ShcritiS and their deputies. mayis-
tratcs, ronStablcs, rural police, city
and town officials. to inforcr the pro-
visions of this act. IF they fail to
do 50, it is hereby made thc duty of
the governor to enforce the same,
and he is hereby authorized tn ap-
point such deputies, cnnstablrS and
detectives as may be necessary, the
salaries and expenses Of such officers
10 be paid out Of the profits of tn"
,liSprnsnrirS in counties wherein they
may be established. and out Of the
ordinary county funds in counties
wherein they have not been rStab-
liShrh.
''ThaI is the authority of tnc GOV
rm"r for this appointment. My
~ ~, i'm f tl,nt th,I II
authorizes the governor to appoint
special rnnStahlrS 10 enforce the dis
prnSary law. The search warrant is
not Il creature of the lisprnSarv law.
but is Il mandate issuing from Mag
iStratr f"wlrs, whose office exists
n"; tEr"u"h amy provision OF the dis
pcnSary law. but under the general
law. While it is true the diSpcn-
sAry law authorizes magistrates t"
issue search warrants for contra
band liquors., the mode of executing
such warrants is not provided for, in
fact II is restrictive only to the OK
tent Of limiting such searches of
dwelling houses to the day and not to
the night Hence we arc remandcd
to the general law. independent of
and irrespective OF the dispenSary
law for the manner Of executing a
search warrant, or in fact any war
rant emanating from the magistrate 5
court
"What then is the general. law
Section 1047 Of the general law reads
as follows:
When any person shall be elect
ed or appointed to the Office of con-
stable he shall repair to the clerk 5
office of the county and, together with
the evidence Of his election or ap-
rointment he shall lodge his bond.
III the form prescribed by law, in the
penalty of $500, with good surctics,
not les than two, nor more than
five, to be approved in writing by the
clerk, and upon taking the oath here
in prescribed such person shall be
entitled to certificate from the
clerk that he has filed his bond and
taken the required oaths, and shall
thcnccforth he regarded as a regular
ly qualified constable: nor shall any
person not SO qualified exercise the
powers of constable: Provided.
That nothing herein contained shall
prevent presiding judge or mag
istratc, or coroner, from appoint
ing constable TO act nv yirtur Of