The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-09-18

Columbia, Sept 16.-In an opinion.
written by Associate Justice Woods
and handed down Saturday, the Su
preme Court Of South Carolina de-
clares illegal the magistrate ap-
pointments in Spartanburg and An
derson counties made by Governor
Cole l.. Blease. which, it is ruled.
were not "by and with the consent
or the Senate" Proceedings, it is re-
called, were brought by Attorney
General j. Fraser Lyon to oust the
Blease appointees. the contention be.
ing that the law requires appoint
| ments of magistrates to be made BIZ
| the Governor upon the advice and
| consent" Of the State Senate. Follow
| ing the adjournment of the recent
sessio' Of the legislature it is re-
ca e. Governor Blease made a num-
Der of appointments in both Spar
tanburg and Anderson counties
which were contrary to the recon-
mendations made by the Senate. The
significance Of the Supreme Court de-
cision is, therefore, that magisterial
appointments are prerogative Of the
State Senate.
| The position taken by Governor
| Blease with reference to the appoint-
ment of magistrates therefore was
overthrown. The cases were argued
several weeks ago before an en- banc
session Of the Supreme Court. There
We're two cases. One from Spartanburg
county and one from Anderson. In the
| Spartanburg case the majority opin-
| fon or the court was delivered by AS
sociate Justice Woods. The decision
In the Anderson case was unanimous
and was also written by Associate
| Justice Woods.
The Court held in the Spartanburg
case that "A. II. Kirby, D. T. Gossett,
! T.. Porter and w. c.. Harrison are law
ful magistrates of Spartanburg coun-
| u. NJ
Bowden, S. S. Timer, W. II. Tanner and
T. d. Fowler be excluded from the Of
flee 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.
10,
that Of the State Of South Carolina, ex
relatione, j. Fraser Lyon, Attorney
General. against ]. NJ. Bowden and
A. II. Kirby, S. S. Timer and d. r.
Gossett. w r. Tanner and f. Potter.
7. Q. Fowler and w. O. Harrison.
a dissenting opinion was filed by
Associate Justice Watts. in which he
held that all magistrates involved
should be ousted. Concluding his
| opinion, he says: "Wherefore. it is
adJudged that each Of the defend
ants herein are guilty of usurpng and
intruding into, and are unlawfully
holding and exercising the offices OF
|
and 1t is the judgment Of this court
that the defendants be excluded from
the Office of magistrate and that the
plaintiff recover the cost against each
| defendant
IN these actions" says the Su-
preme Court. instituted by the AT.
| tOrncN
Is. OF the code of procedure is to be
determined the tenure by which q
magistrate holds office under the Con
stitution and Statutes of the State.
chief Justice Gary, in a note, dis
sented from the decision in the Spar
tanburg case by Associate Justice
Woods. He says: Il dissent For the
reasons stated in the opinion of Mr..
Justice Watts, filed on the 5th day of
June, 1912, in these cases"
The decision by Associate Justice
Woods in the Spartanburg case was
concurred in by the following: ID. f..
llydrick and II. b. Fraser. Associate
Justices. and by the following Circuit
| judges: George W. Gage. George T.,
Prince, John s. Wilson. j. W. DeVore.
IL. +. Rice, Il. II. Spain and Frank Il.
! Gary
! Circuit Judge II. S. Sease concur
red with the dissenting opinion filed
| by Associate Justice Watts, which
| opinion was given in June before the
en- banc session of the court was held.
In the Anderson case proceedings
were brought by Attorney General
Lyon against :. r.. Whitten w. r..
Green, w. r. Chamblec and j. \.
! Young, I" Dust them as magistrates.
! IN" opinion i'm this case was written