The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-21

election, and before another, ratify
said amendment by yeas and nays,
that Section 12, of Article V, of the
Constitution, relating to Associate
Justices, be amended by striking out
in lines 3, and 5, the words: "but if
the four Justices equally divide in
opinion, the judgment below shall be
affirmed" and by striking out the
word "two'' in line s, and inserting in
lieu thereof word "three," so that
when amended, the same shall read as
follows:
"Sec. IL. In all cases decided by the
Supreme Court, the concurrence Of
three of the Justices shall be neces-
sary for a reversal of the judgment
below, subject to the provisions here
matter prescribed. Whenever, upon
the hearing of any cause or question
before the Supreme Court in the exer-
else of it's original or appellate juris-
diction, it shall appear to the Justices
thereof, or any of them, that there is
involved a question of constitutional
law, of conflict between the Constitu-
ton and laws of this State and Of the
United States, or between the duties
and obligations of her citizens under
the same, upon the determination of
which the entire Court is not agreed,
or whenever the Justices of said
Court, or any two Of them, desire it
on any cause or question so before
said Court, the Chief Justice, or in his
absence, the presiding Associate JUS
tice. shall call to the assistance Of
the Supreme Court, all Of the Judges
of the Circuit Court: Provided, how
ever, That when the matter to be sub
initted is involved in an appeal from
the Circuit Court, the Circuit Judge
who tried the cause shall not sit. A
majority of the Justices Of the Su-
preme Court and Circuit Judges shall
constitute quorum. The decision Of
the Court so constituted, or major
ity of the Justices and Judges sitting,
shall be final and conclusive. In such
case the Chief Justice, or, in his alb
sence, the presiding Associate Justice,
shall preside. Whenever the Justices
of the Supreme Court and the Circuit
Judges meet together for the purposes
aforesaid, if the number thereof be
qualified to sit constitute an even
number, then one Of the Circuit
Judges must retire; and the Circuit
Judges present shall determine by lot
which of their number shall retire"
Approved the 26th day of February,
A. D. 1910.
No. SOS.
A JOINT RESOLUTION to Amend
Section 2, of Article V, of the Con-
stitution, Relating to Associate JUS
tees of the Suprsme Court.
Section l. Be it resolved by the
General Assembly of the State OF
South Carolina, That the following
amendment to the Constitution of the
State of South Carolina be submitted
to tn qualified electors of the State at
the next general election for Repre-
sentatives, and if majority of the
electors qualified to vote for members
of the General Assembly voting there
on shall vote in favor of such amend
ment and majority of each branch
Of the General Assembly shall, after
such election, and before another,
ratify said amendment by yeas and
nays, that Section 2, of Article ', of
the Constitution, relating to Associate
Justices, be amended by striking out
the word three" in line 2, and in
serting in lieu thereof the word -four" :"
and striking out the word "eight" in
lluG duu luSGl lluS Luc HO4O lSu, oO
that WI 4 amended, the same shall
read as follows:
Sec. 2. The Supreme Court shall
consist of a Chief Justice and four
Associate Justices, any three of whom
shall constitute a quorum for the
transaction of business. The Chief
Justice shall preside, and in his ab-
sence, the Senior Associate Justice.
They shall be elected for the term Of
ten years, and shall continue in office
until their successors shall be elected
and qualified, and shall be so classi-
fed that one of them shall go out of
office every two years.
Approved the 26th day Of February,
A. D. 1910.
No. 596.
A JOINT RESOLUTION Proposing an
Aroo,, 1roort tn Artic1a z of tho Hon-