The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-18
JUDICIARY REPORT DIVIDED.
SENATOR EARLE DOES NOT
AGREE WITH OTHER SENA.
TORS.
Hc!'"vcs Matter Should Rest With
Chiei EXccntivc-NIajority, How
ever, Thinks Different.


yesterday, message No. II from GOV.
Blease, referring to the right of the
chief executive to appoint specie |
judge, came up on a report from tba
judiciary committee. The minority CO.
port is signed only by J. r. Earle. who
introduced IN the senate late Saturday
a bill extending the powers of thu
governor on such appointments. This
Dill also receices a divided report. the
minority being signed by Senator Earle
alone.
The minority report Of the judiciary
committee on message No. IL saws.
Report of the minority Of the jul
dietary committee on the governors $
message No. II.
THE undersigned dissent from s.,
much of the report of the majority Of
the judiciary committee. as holds tha,
section 2743 is constitutional. The
conflict referred to in the message is
as to so much of the said action as
confers upon the supreme court the
power 10 nominate or recommend and
compels the governor 10 commission
the person SO recommended. That
part of the section IS as follows:
o The governor, upon the recon-
mediation of the supreme court. or
the chief justice thereof ii the su-
preme court be not in sess.oa. shall
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 a purely
executive function?
The last sentence Of section 6, a..
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 l, is as follows:
In the government Of this State the
legislative. executive and judicial
powers Of the government shall Je
;orev'r separate and distinct 5rom
each other and No person or persons
cAv-uiS-..e tAe function Of one of said
department shall assume or discharge
the duties of any other
The foregoing extract from section
2743 seeks to confer a paramount
power to appointment upon a judicial
tribunal or officer, thus combining
executive and judicial powers, which
is in conflict with the section of the
constitution last quoted.
u. r. Earle,
For Minority of Committee"
The report of the judiciary commit
tee on governors message No. IL is
as follows:
"Governors message No. II having
been referred to the judiciary COM
mittee 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
The legislature has done this in
section 2743, volume /, code of 1902.
I'm our opinion this section is con-
stitutional. We understand that a bill
has been introduced amending this
section and hence we VIII make no
report as to its wisdom, but will pass
upon the bill when it comes before US.
u. l.. b. Carlisle,
Chi tlman of Judiciary Committee" d"
slow to cure a cold is a question in