The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-06-07
SUPREME COURT GUSTS
BOTH SETS CLAIMANTS
CREATES VACANCIES IN MAGIS-
TRATE'S JOBS SPARTANBURG.
Renders Decision in Celebrated Case,
Ousting the HOld-0vers and the
New AppOintees.

Columbia, June By ousting, by
the supreme court, of both sets Of
claimants to the Offices of magistrate
in Spartanburg county, that county Is
now without magistrate. The su-
preme court this afternoon handed a
decision ousting both the hold-over
claimants and the Blease appointees
to the offices of magistrate in Spar
tanburg county. The ones which held
over were recommended for appoint
ment by the senate on the last day Of
the session this year, when the gov
ernor refused to submit his list of ap-
pointees.
The supreme court, in a decision by
Justice Watts and concurred in by the
entire court, ousted J. NJ. Bowden and
A. H. Kirby, S. S. Timer, D. T. Gossett,
T. c.. Fowler and w C.. Harrison, w.
r. Tanner and T. Potter from the Of
fees of magistrate in Spartanburg
county, declaring, cit is judged that
each of the defendants herein are gull
ty of usurping and intruding into, and
are unlawfully holding and exercising
the Offices of magistrate in Spartan
burg 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 of them
The situation is set forth in the fol-
lowing excerp from the opinion: ''It
will be seen that A. H. Kirby was ap-
pointed magistrate on February 5,
1909, and February 8, 1909, his ap-
pointment was confirmed by the SEN
ate. J. M. Bowden was appointed and
commissioned by the governor to this
same Office on February %, 1911; D.
T. Gossett was appointed magistrate
on February 5, 1909, and his appoint
ment confirmed by the senate Febru-
ary s, 1909, and on February 22, 1911,
S. S. Timer was appointed by the gov
ernor and commissioned to the same
Office; E. Potter was appointed mag
istrate on February 8, 1909, and his ap-
pointment was confirmed by the SEN
ate On February %, 1911, w. R. Tan
ner was appointed and commissioned
by the governor to the same Office On
February 19, 1910, W. C. Harrison
was appointed magistrate to fill out
the unexpired term of R. L. Pearson,
resigned, and commissioned as such
on March 4, 1910, and on February
q, 1911, T. C. Fowler was appointed
and commissioned as magistrate for
the same office. 1t was conceded at
the hearing that Bowden, Timer, Tan
ner and Fowler's appointments had
never been confirmed by the senate,
and that the legislature had adjourned
and was not in session after their ap-
pointments until 1912 There is no
evidence that Harrison's appointment
was confirmed by the senate
By the quotations above as the law
and an application of facts thereto,
says the opinion, Kirby, Gossett and
Potter being appointed by the COVER
nor and confirmed by the senate in
1909, held Office until the adjournment
of the general assembly in 1911. Har-
rison having been appointed in 1910
for an unexpired term, and his ap-
pointment being a recess appointment,
held until the adjournment of the
general assembly in 1911. There be-
ing a vacancy in the offices, the COVER
nor appointed Bowden, Timer, Tanner
and Fowler to these Offices, and they
were commissioned and were entitled
to hold and enjoy the offices until the
general assembly met and their names
sent to the senate for approval and
confirmation.
The senate having failed to confirm
them, they were no longer magistrates
after the adjournment Of the general
assembly in 1912. Since February %,
1911, Gossett has wrongfully held the
Office of magistrate. Since February
%, 1911, Potter has wrongfully held
the Office of magistrate. Since Feb