The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-06-11
REHEARING ORDERED
BY SUPREME COURT
BEFORE EN- BANC SESSION Oh
COURT JUNE Is.
Bank Examiner Case and Magisterial
Cases to be Heard Again at
Same Time.

Columbia, June THE entire cir,
cult judiciary of the State has beer
called to the assistance of the su'
preme court in the endeavor to solve
the constitutional questions involved
in the bank examiner situation. and the
magisterial tangle. The circuit judges
of the State have been called to sl'
with the supreme court on Thursday
June IS, in an en- banc session, al
which time the matter of oustlng B. j.
Rhame from the Office of bank exam
iner will be reheard, ard also the oust-
CT proceedings brought against the
MAGISTRATES in Anderson and Spartan
burg counties.
Pending the decision of the entire
judiciary the decision ousting all the
claimants to the magistrates Offices in
Spartanburg is suspended by the SUI
preme court.
Associate Justice Fraser is disquali-
fed to sit in the bank examiner hear
ing by virtue of his kinship to H. W.
Fraser, whom the governor appointed
to succeed B. ]. Rhame. This will
leave four of the supreme court JUS
tices and twelve circuit judges, max
ing sixteen in all, to sit in judgment
on the bank examiner matter. The
entire supreme court and circuit
judges, seventeen in all, will hear the
magisteriaT cases.
Rehearing Ordered.
The supreme court several days ago
gave a decision ousting all magis-
trates involved in the controversy in
Spartanburg county. The order of
Chief Justice Gary today orders re-
hearing of the case. ''Two of the JUS
tices of the supreme court having re-
quested that all of the judges of the
circuit court be called to the assist
ance of the supreme court in the de-
cision of these causes, it is ordered
that a rehearing be held in these cases
before the justices of the supreme
court and the judges of the circuit
court sitting en- banc on Thursday,
June 13, 1912, and that in the mean
time all proceedings under the judg-
ment rendered by this court and filed
on June be suspended" The case
was brought by Attorney General Lyon
against ]. N. Bowden and A. H. Kirby,
S. S. Tinr and D. T. Gossett, T. O.
Fowler and w. C. Harrison and w. R.
Tanner and E. Potter. Bowden, Timer,
Fowler and Tanner were appointed as
MAGISTRATES for Spartanburg county
bv the governor. The otherss were
holdover officials.
Anderson Case.
Concerning the case of the State of
South Carolina against S. E. Whitten,
w. E. Green and w. T. Chamblee, who
were appointed by the governor as
magistrate for Anderson county
without regard for the recommendation
of the county delegation. Chief JUS
tice Gary in his order says: "It ap-
pearing to the justices of this court
that constitutional question is in
volved, upon the determination OF
which the entire court is not agreed,
it is ordered that the circuit judges be
called to the assistance of the su-
preme court and that Thursday, the
18th day of June, 1912, be fixed as the
day upon which the court shall meet
en- banc."
Bank Examiner Case.
Concerning the case brought by At
torney General Lyon against B. j.
Rhame, the State bank examiner,
Chief Justice Gary signed the follow
ing order:
at appearing to the justices of this
court that a constitutional question is
involved, upon the determination of
which tie entire court is not agreed:
cit is ordered that the circuit judges
be called to the assistance of the su-
preme court and that Thursday, the
18th day. of June, 1912, be fixed as the
day upon which the court shall meet
en- banc.'
B. J. Rhame was dismissed as State
bank examiner by the governor and
he refused to give up the Office. The
governor appointed u. W. Fraser, Oh
caoreetoUn. as State bank examiner,