The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-09-17
MAGISTRATE CASES
DECIDED BY COURT
DECISION GIVEN SATURDAY GUST
ING APPOINTEES.
The Opinion of the En- Banc Court in
the Cases From Spartanburg and
Anderson Counties.

Anderson COuntleS.
The supreme court in a decision by
Associate Justice Woods ousted the
magistrates that were appointed in
Spartanburg county by Gov. Blease
without the advice and consent of the
senate, says the Columbia State.
The cases were argued several
weeks ago before an en- banc session
of the supreme court. There were
two cases. One from Spartanburg
county and one from Anderson. In
the Spartanburg case the majority
opinion of the court was delivered by
Associate Justice Woods. The deci-
sion in the anderson case was unani-
nous and was also written by Asso-
ciate Justice Woods.
The court held in the Spartanburg
case that ga. H. Kirby, D. T. Gossett,
E. Potter and W. C. Harrison are law
full magistrates of spartanburg coun-
ty and that the defendants, J. NJ.
Bowden, S. S. Timer, W. H. Tanner
and T. D. Fowler, be excluded from
the Office of magistrate and that they
pay the cost of these proceedings"
The court found that the Offices of
magistrate, in question, in Anderson
were vacant. 81 !
The case from spartanburg was
that of the State of South Carolina, ex
relatione, ]. Fraser Lyon, attorney
general, against j. NJ. Bowden, and A.
H. Kirby; S. S. Timer and D. T. Cos
sett, w. R. Tanner and E. Potter, T.
o. Fowler and w. C. Harrison.
Dissenting Opinion.
A dissenting opinion was fled by
Associate Justice Watts in which he
held that all magistrates involved
should be ousted. Concluding his
opinion he says: Wherefore, it is ad-
judged that each of the defendant
herein are guilty of usurping and in
truding into, and are unlawfully hol'
ing and exercising the offices of mag
istrates in Spartanburg county anf
it is the Judgment of this court that
the defendants be excluded from the
office of magistrate and that the plain
tiff recover the cost against each de-
fendant."
Chief Justice Gary, in a note, dis
sented from the decision in the Spar
tanburg case by Associate Justice
Woods. He said: ST dissent for t.
reasons stated in the opinion of Mr..
Justice Watts filed on the 5th day of
June, 1912, in these cases."
!. Judges Concurring.
The decision by Associate Justice
Woods in the Spartanburg case was
concurred in by the following: D. E.
Hydrick and T. B. Fraser, associate
Justices, and by the following circuit
judges: George W. Gage, George E.
Prince, John S. Wilson, J. W. DeVore,
H. F. Rice, T. H. Spain and Frank B.
Gary.
Circuit Judge 7. S. sease concurred
with the dissenting opinion filed by
Associate Justice Watts, which opin-
ion was given in June before the en-
banc session of the court was held.
Anderson Case.
In the Anderson case proceedings
were brought by Attorney General
Lyon against S. E. Whitten, W. E.
Green. w. T. Chamblee and ]. A
Young to oust them as magistrates.
The opinion in this case was written
by Associate Justice Woods and
found: "The judgment of the court is
that the defendants be excluded from
the Office of magistrate and they pay
the costs of these actions This
opinion was concurred in by Chief
Justice Gary, Associate Justices Hy-
drick, Fraser and Circuit Judges
Prince, Gage, Wilson, DeVore, Rice,
Spain and F. B. Gary.
The material allegation in this case
was that the above named defendants
were undertaking to perform the du-
ties of magistrate under an appoint
ment made by the governor in 1911,
after the adjournment of the senate
and not confirmed by the senate at its
session in 1912. It was not alleged
that there were any lawful encum-
bents of the Offices whose terms had