Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-06-11
WILL TRY 1T OVER.
There is to Be a Re-hearins in the
MAGISTRATE Case Next Thursday.

There is to Be a Re-hearins in the
Magistrate Case Next Thursday.
Chief Justice Gary has ordered an
en- bance session of the supreme court
to sit on June 13 to hear the case
brought to oust the magistrates named
by the governor in Spartanburg and
Anderson counties. These magistrates
were appointed without regard for
the recommendation Of the county del
egations. The proceedings brought
by Attorney General Lyon to remove
B. ]. Rhame as state bank examiner
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 a 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.
1.-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 supreme
court in the decision Of these causes,
II is ordered that a re-hearing 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 13. 1912, and that In
the meantime all proceedings under
the Judgment rendered by this court
and filed on June be suspended"
The case was brought by Attorney
General Lyon against ]. M. Bowden,
A. H. Kirby, S. s. Timer, D. T. Gossett.
T. o. Fowler, w. C. Harrison. w. R.
Tanner and E. Potter. Bowden. Timer.
Fowler and Tanner were apoipnted as
magistrates for Spartanburg county by
the governor who did not regard the
recommendation Of the county delega-
ton. The others were hold-over OFF,
cials.
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 magistrates for Anderson county
without regard for the recommended
ton Of the county delegation, Chief
Justice Gary, in his order, says: 1T
appearing to the justices Of this court
that a 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."
Concerning the case brought by
Attorney General Lyon against B. ].
Rhame and H, w. Fraser, the state
bank examiner, Chief Justice Gary
signed the following order: 1T ap-
pearing to the justices of this court
that a 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."
B. ]. Rhame was dismissed as state
bank examiner by the governor and he
refuses to give up the office. The
governor appointed H. w. Fraser as
state bank examiner and Attorney
General Lyon brought quo warranto
proceedings before the supreme court
to oust Mr.. Rhame. Mr.. Fraser was also
made a party to the proceedings. The
case was argued before the court
several weeks ago-Columbia State.