The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-06-08
SUPREME COURT GUSTS All.
CLAIMANTS TO JOBS.
Biease Appointecs i'm County IA We'll
as those Holding Over Declared not
Legally Entitled to Offices by SUI
preme Court, i'm Deciding Case
Brought by Attorney General Lyon
Against Men Named by Governor.

Columbia, June BY ousting. by
the Supreme Court, of both sets of
claimsnts to the offices Of magistrate
in Spartanburg County, that county
is now without a magistrate. The Su
preme Court this afternoon handed
decision ousting both the hold-over
claimants and the Blease appointees
10 the offices Of magistrate in Spar
tanburg County. The ones which
held over were recommended for ,p-
pointment by the Senate on the last
day Of the session this year, when the
Governor refused to submit his list of
appointees.
The Supreme Court in a decision
by Justice Watts and concurred i'm
| by the entire Court, ousted j. NJ. Bow
den and A. Fl. Kirby, S. S. Timer, ID. T.
Gossett, T. c. Fowler and w. c. Har-
rison, w. r. Tanner and II. Potter
from the offices of magistrate in
Spartanburg County, declaring "it is
| judged that each of the defendants
| herein are guilty of usurping and in
truding into, and are unlawfully hold
ing and exercising the offices of mag
istrate in Spartanburg County, and it
| is the judgment of this Court that
the defendants be excluded from the
offices of magistrate and that the
plaintiff recover costs against each &C
| them"
The situation is set forth in the fol-
| lowing excerpt from the opinion- 1T
will be seen that A. II. Kirby was ap-
pointed magistrate on February s,
1909, and February s 1909, his ap-
pointment was confirmed by the SEN
ate. j. NJ. Dowden was appointed
and commissioned by the Governor
to this same Office on February 22.
1911; D. T. Gossett was appointed
| magistrate on February 3, 1909, anu
his appointment confirmed by the
Senate February 8, 1909, and on
February %, 1911, S. S. Timer was
appointed by the Governor and COM
missioned to the same office; L. Pot
ter was appointed magistrate on Feb
ruary s, 1909, and his appointment
was confirmed by the Senate on Feb
ruary 2S, 1911; w. r. Tanner was
appointed and commissioned by the
Governor to the same office on Feb
| ruary 10, 1910; w. c. Harrison was
appointed magistrate to fill out the
useXpired term of r. l.. Pearson, re-
signed, and commissioned as such
on March 4, 1910, and on February
I27, 1911, r. Q. Fowler was appoint
ed and commissioned as magistrate
for the same office. 1t was conceded
at the hearing that Bowden, Timer,
Tanner and Fowler's appointments
had never been confirmed by the
Senate, and that the Legislature had
adjourned and was not in session af-
ter their appointments until 1912.
There is no evidence that Harrison's
appointment was confirmed 10y the
Senate"
BY the quotations apove as the law
and an application Of facts thereto.
says the opinion, Kirby. Gossett and
Potter being appointed by the Gov"r-
nor and confirmed by the Senate in
1909 held office until the adjourn.
ment of the General Assembly is
1911. Harrison having been ap-
pointed in 1910 for an unexpired
term, and his appointment being
recess appointment, held until the ad-
Journment of the General Assembly
in 1871. There being a vacancy in
the offices, the Governor appointed
Bowden. Timer Tanner and Fowler TO
these offices. and they were commits
stoned and We're entitled to hold and
enjoy the offices until the General AS
sen bly, met and their names sent to
the Senate for approval and confirm
alton
ThH Senate having failed to confirm
then, they were no longer magis-
trat"S 'fter the adjournment of the
General Assembly i'm 1872. Since
February 2S, 1911, Gossctt has wrong
fully he'll the Office of magistrate.
-
and committing other cXccSS