The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1912-06-13
NO LEGAL MAGISTRATES.
Supreme Court Gusts All Claimants
to Job.

claimants to the office of magistrate
in Spartanburg county, that county
is now without magistrate. The
supreme 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 ap-
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 in
by the entire court, ousted ]. M.
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 Offices OF magistrate
in Spartanburg county, declaring, lit
is judged that each of the defendants
herein are guilty of usurping and in
truding into, and are unlawfully
holding and exercising the Offices OF
magistrate 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
of them"
The situation is set forth in the
following excerpt from the opinion:
1T will be seen that A. H. Kirby
was appointed magistrate on Febru-
ary 5, 1909, and February 8, 1909,
his appointment was confirmed by
the senate. ]. NJ. Bowden was ap-
pointed and commissioned by the
governor to this same office on Feb
ruary %, 1911; D. T. Gossett was
appointed magistrate on February 5,
1909, and his appointment confirmed
by the senate February 8, 1909, and
on February %, 1911, S. S. Timer
was appointed by the governor and
commissioned to the same office; E.
Potter was appointed magistrate on
February 8, 1909, and his appoint
ment was confirmed by the senate on
February %, 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 a magistrate to fill out the
unexpired term of r. L. Pearson, re-
signed, and commissioned as such on
March 4, 1910, and on February 27,
1911, T. o. 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 adjourn
ed and was not in session after their
appointments until 1912. There is
no evidence that Harrison's appoint
ment was confirmed by the senate. V
BY the quotations above as the
law and an application of facts there
to, says the opinion, Kirby, Gossett
and Potter being appointed by the
governor and confirmed by the SEN
ate in 1909, held Office until the ad-
journment of the general assembly
in 1911. Harrison having been ap-
pinted in 1910 for an unexpired
term, and his appointment being a
recess appointment, held until the
adjournment of the general assembly
in 1911. There being vacancy in
the Offices, the governor appointed
Bowden, Timer, Tanner and Fowler
to these offices, and they were COM
missioned and were entitled to hold
and enjoy the Offices until the general
assembly. met and their names sent
to the senate for approval and con-
firmation.
The senate having failed to con-
firm 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 magis-
trate. Since February %, 1911, Pot
ter has wrongfully held the office of
magistrate. Since February 27, 1911,
Harrison has wrongfully held the Of
flee of magistrate. Since February
%, 1911, Kirby has wrongfully held
the Office of magistrate. Since the time
in 1912 that the senate refused to
confirm the appointments made by
the governor, of Bowden, Timer, Tan
ner and Fowler they have wrongfully
held the Office of magistrate.
The court orders all the defend
ants to be ousted and costs assessed
against them. The ousting proceed
ings were brought by Attorney Gen.