Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-14
POWER TO APPOINT JUDGES.
Senate Judiciary Committee Is Divided
on Question.

In the senate yesterday, message No.
II from Gov. Blease, referring to the
right Of the chief executive to ap-
point a special Judge, came up on re-
port from the judiciary committee. The
minority report is signed only by ]. r.
Earle, who introduced In the senate
last Saturday a bill extending the pow
ers of the governor on such appoint
ments. This bill also receives a divid-
ed report, the minority being signed
by Senator Earle alone.
The minority report Of the judiciary
committee on message No. IL says:
Report Of the minority Of the ju-
dietary committee on the governors
message No. II.
1.-The undersigned dissent from so
much Of the report Of the majority of
the judiciary committee as holds that
section 2743 Is constitutional. The
conflict referred to in the message is
as to so much Of the said section as
confers upon the supreme court the
power to nominate or recommend and
compels the governor to commission
the person 80 recommended. That
part of the section is as follows:
1.-The governor, upon the recon-
mendation Of the supreme court, or
the chief justice thereof IL the su-
pTeIIle COuTI De lOI III ScSolOi, ohdil
Immediately commission as special
Judge such person learned in the law
as shall be recommended, etc.
rs this comforting upon a judicial
tribunal or officer the power of ap-
pointment? And Is that purely ex-
ecutive function?
"The last sentence Of section 6, ar
ticle Of the constitution, Is as fol-
lows: The general assembly shall
provide by law for the temporary ap-
pointment Of men learned In the law
to hold either special or regular terms
Of the circuit courts whenever there
may be necessity for such appoint
ment'
This is a mandatory provision
which must be exercised with respect
to and in consonance with every other
provision of this supreme law.
Section IA, article I, Is as follows:
In the government Of this state the
legislative, executive and judicial
powers of the government shall be
forever separate and distinct from
each other and no person or persons
exercising the function Of one Of said
departments shall assume or discharge
the duties Of any other
1.-The foregoing extract from section
2743 seeks to confer a paramount
power to appointment upon judicial
tribunal or officer, thus combining
executive and judicial powers, which
Is in conflict with the section Of the
constitution last quoted.
~. R. Earle,
For Minority Of Committee"
The report Of the judiciary commit
tee on governors message No. II is
as follows:
Governors message No. II having
been referred to the judiciary commit
tee we beg to report that we have
carefully considered the same and
make the following finding:
Section 6, article Of the consti-
tuition of 1895 undoubtedly gives the
legislature the right to provide by law
for the appointment of judges to hold
special or regular terms Of court,
whenever there may be necessity for
such appointment
1.-The legislature has done this In
section 2743, volume /, code Of 1902.
"In our opinion this section Is con-
stitutional. We understand that bill
has been introduced amending this
section and hence we will make no re-
port as to it's wisdom, but will pass
upon the bill when 1t comes before US.
u. L. B. Carlisle,
Chairman Judiciary Committee"