The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-15
REPLIES TO BlEASE.
JUDICIARY COMMITTEES OF
HOUSE ON MESSAGE NO. II.
The Legislature Has Been Given the
Authority and Has Delegated That
Authority i'm the State Statutes.


committee Of the house last night
submitted a special report upon mat
ters complained on In message No. IL
from the governors office. The off,
cial nature Of that message gave it
Importance to be considered by the
committee.
The governor seemed to have had
fears that the statute law as to the
methods for providing for vacancies
on the bench confiicted with the con-
stitution. These fears may, perhaps
be set at rest by the statement of the
judiciary committee. The senate ju-
dietary committee Is said to have de-
ctded on practically the same state
ment, to be expressed somewhat diff
ferently.
The report Of the house judiciary
committee is in keeping with the mild
hammered statement OF the supreme
court in the recent controversy with
the governors office. 1t was written
by Mr.. Osborne Of Spartanbure.
Messrs Stevenson and Gary were
members OF the subcommittee to
look into the law. Mr.. Gary having
been a member Of the constitutional
convention. The judiciary committee
OF the house thanked the subcom
mittee for their statement, which is
as follows:
To The House of Representatives.:
The committee on judiciary, to
whom was referred the message of
his excellency, the governor, relating
to the constitutionality OF section
2743 OF volume 1. Of the code of laws
OF 1902, relating to the appointment
Of special judges to hold regular or
special terms Of the circuit courts,
beg leave to submit their report and
the reasons for their conclusions
thereon, as follows:
Briefly stated, the question Is: Has
the governor the right under article
., section 6 Of the constitution of
1895. OF his own motion and inde-
pendently Of the supreme court. to
appoint a special judge to hold a
special term Of the circuit court or
special judge to hold a regular term
OF said court, when here 80 va
cancy?
To answer this, we must look 70
the constitution itself and determine
what II means when properly con
strued.
Where is the Authority?
First of all. we take 1t that It will
be unquestioned that for the governor
TO exercise the appointive power in
any event, justification therefor must
be found either In the constitution or
In legislative enactment. In the alb
sence Of both, he has no such author
ity. II, therefore. he has the power
to appoint special judges to hold reg
ular or special terms, 1t must be found
In article 5. section 6 above men
toned, as we do not understand that
1t Is claimed to be found elsewhere.
Let us then examine that section. 1t
provides:
Article 3, section s. No judge shall
preside at the trial OF any cause IN
the event of which he may be inter-
ested. or when either Of the parties
shall be connected with him by affln-
ity or consanguinity within such de-
grees as may be prescribed by law, or
in which he may have been counsel
or have presided in any inferior court.
In case all or any Of the Justices of
the supreme court shall be thus dis
qalifed, or be otherwise prevented
from presiding in any cause or causes,
the court or the justices thereof shall
certify the same to the governor OF
the State and he shall Immediately
commission. especially. the requisite
number of men learned in he law for
The same course shall be pursued in
the circuit and inferior courts as Is
prescribed in this section for cases
OF the supreme court. The general
assembly shall provide by law for the
temporary appointment OF men
learned in the law to hold either
special or regular terms OF the circuit
courts whenever there may be neces-
sity for such appointment"
What the Convention Means.
y careful reading of the foregoing
section shows that the constitutional
convention had three things or con-
tingencies in mind and for which they
wished to provide, namely:
i. The aDDOintmpnt Of ono ar more