The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-11

II
which is TO govern? In my opinion,
the first sentence. The second re-
lated to and means when they shall
be appointed. and under what
circumstances they shall be appoint
ed; but, as to who shall be appointed
the first sentence clearly and dis
tinctly states and makes 1t plain.
| IF the constitution had intended
that any other than the governor
should name the party. why was 1t
provided that the same course should
be pursued and why was 1t not provid-
ed for the supreme court to recon-
mend all for the supreme court as
well as for the circuit court, and why
was the first sentence inserted? II
the general assembly upon the con-
scribe as to how the circuit and infer
| Tor court vacancies are to be filled,
why can II not go further back and
| prescribe that the governor shall ap-
point to the supreme bench in case
Of vacancy upon the recommendation
OF some other person or persons?
| "In calling this to your attention,
beg leave to say that in my opinion,
after careful study into this matter,
and investigation Of authority, section
2743, volume 1, code Of laws of South
Carolina, is unconstitutional insofar IS
1t prescribes. and in the event that
there Is no other circuit judge dis
engaged, then the governor upon the
recommendation Of the supreme court
or the chief justice thereof IL the SUI
pureme court be not in session, shall
Immediately commission as special
judge such person learned in the law
as shall be recommended to hold
courts OF such district or to hold such
special court for that time only. Be-
cause, as have already shown to you
the constitution distinctly sets out
how the vacancy shall be filed in the
supreme court, and says that the same
course shall be followed in the cir
cult court and inferior courts.
1T Is plain that II a circuit judge
is disengaged neither the supreme
court nor the chief justice has the
right to do otherwise than to assign
a disengaged judge to hold any Of the
courts. and when another Is recon-
mended. while there Is a circuit Judge
so disengaged. 1t is clearly contrary
to the statute.
II hope that you will refer this mat
ter to the judiciary committee Of your
respective bodies. and that they will
take the matter under consideration
and decide u. not upon wha, their
/ political views are toward lne chief
executive OF the State. or what their
/ personal feelings are toward the ST.
preme couit "a The state. -ut upon
the law and give such a decision as
the courts will sustain; and, IL they
Il
they will a. once recommend a bill
clearing up the situation. by repeal
ing section 2743 Of the code or 80
much thereof as Is in conflict with
the constitution; for, 1 assure you,
that 1 have absolutely no desire to
have any conflict with the judicial
legislative or other departments Of
our government. l am endeavoring
to do my duty as chief executive and
from the many letters received and
personal remarks which are made to
me, / am satisfied that I am pleasing
those who placed me in this high and
honorable position, and 1 am not
making any particular effort to please
the other crowd; for. when the time
comes, l am ready and willing to go
back on the forum and meet all COM
ers, as / have done in the past. in re-
| gard to my course. and / feel satis-
| fled that the majority will sustain my
position; IL not 1 shall have no tears
| to shed.
In this connection 1 would also beg
leave to call to your attention that In
my opinion when a disengaged circuit
judge is assigned to hold court for
another circuit Judge in case Of a va
cancy. or in the event of a special
term OF court, that there should be
some provision made by which the
actual expenses incurred by such
Judge while holding such court shall
be paid by the county in which such
court Is held. or by the State, as 1t is
hardship upon the small salary re-
ceived to call upon judge to go and
hold other courts than those regularly
assigned him and force him to pay his
Il - 81