The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-06-12
SUPREME COURT DIVIDED,
Gases To t'c Considered Are Those of
Bank Examiner and MAGISTRATES. in
SuarianburS and Anderson Coun
tics, Both Involving Constitutional
Questions.

Questions.
Columbia, June >.--Clirs Justice
Gary has ordered an cn lance session
OF the supreme Cour, 10 sit on June
Is To hear the case brought TO oust
the magistrates named by the COVER
nor in Spartanburg and Anderson
counties. These magistrates, were ap
pointed without regard for the rec
ommendation of the county delega-
uons. The proceedings brought by
Attorney General Lyon TO remove
Il. j. Rhame as State bank exam
iner will also be heard on the same
day by the en- banc session. All of
the circuit judges Of the State have
been called in to sit with the justices
of the Supreme Court.
The Supreme Court several days
ago rendered decision ousting all
magistrates involved in the contro-
versy in Spartanburg county. The
order of Chief Justice Gary yester
day orders a rehearing Of the case.
TWO of the justices of the supreme
court having requested that all of
the judges of the circuit court be
called to the assistance Of the su-
preme court in the decision of these
causes, it is ordered that a rehearing
be held in these causes before the
justices of the supreme court and the
Judges of the circuit court sitting en-
banc on Thursday, June Is, 1912, and
that in the meantime all proceedings
under the judgment rendered by this
court and filed on June be sus
pended"
The case was brought 10y Attorney
General Lyon against j. Nj. Bowden
and a. III. Kirby, 5. :. Timer and ID.
L. Gossett. II. q. Fowler and w. G.
Harrison and w. Il. Tanner and E.
Potter. Bowden. Timer, Fowler and
Tanner were appointed as magistrates
for Spartanburg county by the gov
ernor who did not regard the recon-
mendatiOn Of the county delegation.
The others We're holdover officials.
Concerning the case of the state of
South Carolina against s. f. Whitten.
w. f.. Green and w. r. Chamblee,
who were appointed by the governor
as magistrates for Anderson county
without regard for the recommended
tion OF the county delegation. Chief
Justice Gary, in his order, says: 1T
appearing to the justices of this court
that constitutional question is in
volved, upon the determination of
which the entire court is not agreed.
1t 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."
Concerning the case brought by
Attorney General Lyon against b. j.
Rhame and III. w. Fraser, the State
bank examiner, Chief Justice Gary
signed the following order: 1T 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
he called to the assistance IF the SUI
premc court and that Thursday. the
18th day OF June. 1912, be fixed as
the day upon which the court shall
meet en- banc.'
T.. j. Rhame was dismissed as State
bank examiner by the governor and
he refused to give up the office. The
governor appointed II. w. Fraser as
state bank examiner and Attorney
General Lyon brought quo warranto
proceedings before the supreme court
To Dust Mr.. Rhame. Mr. Fraser was
also made party to the proceedings
The case was argued before the court
several weeks ago.
~ es(TT szyx1lAyNYSITry77EzTEl