The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-03-13
RAISE TECHNICAL
COURT QUESTIQAI!9 NJ
PERPLEXENG PROBLEM Is
QUITE LIKELY
IN RE SOLICITOR
QUESTION Haey Be Determined In
Courts Whether or not Proc
tor BcnIssH= Ca... Serve

1t had probably never occurred to
Anderson people or to the people Of
Greenville, Oconce or Pickens Coun-
ties before but yesterday the question
was asked here, "can Proctor Bouham,
who has been solicitor of this circuit
serve as solicitor OF the divided cir
cult, when he has never been elected
solicitor in that district If Mr.. Bon
ham lived in Anderson he would GER
tainly be able to serve here but he
lives in Greenviile and therefore could
not serve in Anderson. At the same
time he has never been elected to the
position OF solicitor in that circuit.
1t is not believed that the question
will ever be raised, but because OF the
fact that Anderson people will be in
terested the following is reproduced
e-om the Greenville News of yester
day to show how the people of that city
look at the situations:
Whether or not Solicitor Proctor
A. Bonham of Greenville, will or can
act as solicitor of the 18th circuit is
question that may be raised when
the new circuit bill becomes effective
on May- let The act creating the
new circuit out of the old tenth cir
cult leaves Anderson and Oconee
counties to compose the tenth cir
cult and makes the 18th circuit out
OF the counties of Greeaville and
Pickens. The act provided for Soli-
citor Ronham to be transferred &c the
18th circuit and for the governor to
appoint solicitor for :ha 11:h cir
cult
"But as one acquainted with the
constitution points out, the constitu-
ton provides that the solicitor must
be elected by the qualified voters Of
the circuit in which he resides. Arti-
Gle 5, section 80, of the constitution
Of 1895, reads as follows:
9" There shall be one solicitor for
each circuit. who shall reside therein,
to be elected by the qualified electors
of the circuit, who shall hold his Of
flee for the term of four years, and
shall receive for his services such
'cqmpensation as shall be fixed by law.
ss'Thss bne "taikifg about iiii,'l tiiis, matter. .
this morning pointed out that, in his
opinion, Mr.. Ronham could not serve
asi solicitor, for the 18th circuit when
he. was elected as solicitor for the. 10th
circuit for this would be legislating
him into Office, which is forbidden by
the constitution. u, Mr.. Bonham. he
contended could move back into the
10th circuit and continue to be solicit
tuF there ssus * ils IS RESTING In
Greenville on May list when the new
circuit becomes effective, he will va
cate his Office and there will be no
solicitor for either the 10th or the
18th circuits.
"If this view is correct the act pro-
viding that Mr.. Renhan, serve as So
licitor OF the 18th circuit is uncon-
stitutienal and Mr.. )Bonham will eith-
er have to move back into the 10th
circuit or else neither circuit will
have a solicitor.
Judge G. w. Prince Is Judge of the
10th circuit and resides at Anderson,
while Judge Thomas ]. Mauldin Is
Judge OF the 18th circuit ana resides
at Pickens.
Anyway the matter raises a pretty
constitutional question. or course
there may be no objection In which.
case Mr.. Bonhem can serve as soli-
citor for the, 18Th. circpit, but should
some person,s attorney object st6 an;
indictn ant on the ground that Mr..
BonhamN Is, NOT solicitor Sof the Iath
circuit the matter would come before
the presiding Judge for decision"
"a -