The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-15

preme court justice or justices Is or
are disqualified; not for the whole
term Of the court nor for the trial Of
any certain number of cases nor for
any specified length of time; but sim
ply TO take the place Of the disuuali-
fled judge in the case in which he is
thus disqualified. If we should stop
right here and there were no other
provision in the law permitting or
authorizing it, the governor could not
even appoint successor to one Of
the justices of the supreme court who
should die or resign and for this
very reason it was provided in article
5, section IL Of the constitution. as
follows:
"All vacancies in the supreme court
or inferior tribunals shall be filled by
elections are herein prescribed; pre-
vided, that If the unexpired term does
not exceed one year such vacancy
may be filled by the executive ap-
pointment."
For the Supreme Court.
So far, then, It will be observed
that the section in question only deals
with appointments by the governor
to take the place Of justices who are
disqualified or prevented from pre-
siding in particular cases in which
they are SO disqualified or prevented
But there yet remains a similar situ-
ton in the circuit courts which must
be provided for and instead Of leaving
that to be arranged for by the gen.
eral assembly. as the constitutional
convention might have done, they also
give the power Of commissioning In
such cases to the governor The lam
e;uage is as follows:
THE same course shall be per-
sued In the circuit and inferior courts
as Is prescribed in this section for
cases of the supreme court"
Now what Is meant by "the same
course" and "for cases of the supreme
court?" The meaning should be clear
when 1t is remembered that the only
course" before referred to relates IN
notification to the governor of the
disqualification or inability Of certain
justices to act in certain cases, and
the appointment by him of some one
to take their places in the trial Of the
very cause in which the disquaIifica-
ton or inability to act, exists. Such
are the cases referred to in this
last provision, and such is the
course" referred to. In other words
we think it clear that whenever
circuit Judge is disqualified TO act IN
the trial Of any cause that corues Up
before him, for any OF the reasous
set forth in he first part Of section
o, or when he is otherwise prevented
from presiding" then upon such fact
being certified to the governor, he has
the power to Commission specially
some man learned in the law for the
trial and determination thereof" Just
here 1t should be borne In mind that
so far. not one word has been said
about the governor being empowered
to appoint a special judge to hold
either a special term Of any court or
a regular term thereof; and so far
nothing is left open for action by the
general assembly; on the contrary the
whole matter is fully covered by the
constitution. And yet there is one
situation that is, thus far, left un-
provided For at all, namely, the ap-
pointment Of special judges to hold
special terms Of the circuit courts and
regular terms Thereof when necessary.
Note, too, that up to this point the
general assembly has not been men,
toned.
Left to the General Assembly.
3. AS to this the language is as
follows
THE general assembly shall provide
by law for the temporary appoint
ment 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."
Now If the constitutional convention
had intended that the governor should
have the power just by himself, to
appoint special judges, to hold whole
terms Of regular and special courts,
why did II not say so? 1t did and
does specify clearly those cases where
1t does give him such power Of COM
missioning. Such power will certain
iy not be inferred, especially where
there Is not the slightest indication