The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-17

ing his term of office. He scored the
Supreme Court this morning for their
decision in upholding the validity of
the Refundin,~ Act and goes after
Associate Justice Hydrick, who wrote
the opinion. His dictated statement
says:
mo, l am not disappointed at the
result Of the decision of the Supre' :
Court l rather expected it. Ir
the main point in the case, and did
not decide fairly and squarely the
question of a quorum as to whether or
not a member of the house or sem
ate can serve on any commission of
which he was member by virtue of
his position in the house or senate, af-
ter his term expires, or, as the consti-
tuition expresses it, after the term of
his successor begins.
Justice Hydrick in his opinion
completely and absolutely lodges ev-
cry material issue in the case, as any
mon sen3e will find if he will read
the pleadings therein. He lodges en-
tirely the Browning question, one of
the most important Of ALL He then
confirms the report of Halcott p.
Green ty merely saying that we
deem 1t unnecessary to prolong this
opinion ly detailed statement or
considera ton of Them which shows
that he cid not give them the proper
thought and consideration. In fact
his whole opinion is lodging the ma
terial iss les raised by the pleadings,
and decides absolutely nothing, but
leaves the entire matter where Il was
before it went into the courts.
Justice Watts does little better
However, the conclusion reached and
the opinion of the majority of the
court is, in my opinion, after cons,d-
ering the pleadings on both sides, one
of the most adroit judicial lodges that
l have ever seen and one of the most
perfect biased political judgments
ever handed down by a judicial tribu-
nal, and should be sufficient to con-
vince all men of the necessity of the
election of judges by the people. j
am glad, however, to see that they
say they will have nothing to do with
matters Of the sinking fund commits
sion. I presume they will adhere to
this when the Dominick claim comes
up for his fee. However, l do no:
suppose they had thought Of it, or
possibly they would not have been so
plain along that line. Personally, /
shall pay absolutely no attention To
the decision, and no bonds will be re-
funded until after the next session of
the general assembly, the Supreme
Court to the contrary notwithstanding.
Judge Hydrick does not even tell the
commission to go forward; he SIM
ply says they are at liberty to do so
and so. The legislature had given
that liberty, and it was not necessary
for this learned and distinguished
jurist to concur. But the liberty he
gave the majority will avail nothing,
as it will be absolutely ignored until
the next general assembly takes ac-
ton.
Seriously, l doubt if this is legal
decision, anyway, for the Supreme
Court has certainly not followed The
constitution. If you will turn to Sec
ton 6, Article 5, of our constitutions,
you will read, In case all or any of
the Justices of the Supreme Court
shall be thus disqualified or be 9th
erwise prevented from presiding etc,
the Court or the Justices thereof
shall certify the same to the Cover
nor etc. This they failed to do, anc
only four Justices acted in the case,
when the constitution positively re-
quired five, or the Court en- banc. You
will notice the word is Shall and not
may or can Therefore, it certain
ly was the duty of the judges when
they only had four, to certify the same
and have the vancancy filed, or these
being constitutional questions, to call
the full court en- banc and pass upon
the same. These Judges for some rea-
son refused To obey the constitution,
because IL certainly says shall, and
If the humbleSt citizen shall when
the word is used. surely the Supreme
Court. which sends them to the peni-
tentiary and to the electric chair.
should, above all others. obey the con-
Stitution, when it says shall
cor course. however, these Judges
are above the law. IL one OF them
should be convicted OF any offence, / |