The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1917-07-04

cult Judges, as we'll as many other
who were elected to Offices of honor,
profit and trust. There is no doubt
that these achievements were due
in large measur to the efficient
training of their teacher.
We proceed to speak of him in
other fields.
In 1888, he was elected to the
Legislature, and served n term. 1t
was while he was a member, that the
question arose, whether the State
of South Carolina, should accept the
property willed to it, by Hon. Thorn
as G. Clemen lat one time Minister
to Belgium), on condition that the
State should build an agricultural
and mechanical college on lands for
merly the home of John C. Calhoun,
South Cardinals greatest statesman.
A bill was introduced providing for
acceptance by the State on the pre-
scribed conditions. There was much
Opposition to the acceptance, and
feeling ran high. Mr.. Benet was Sc
lected to lead the forces in favor of
the acceptance. Many speeches
were made on both sides, but the
speech made by Mr.. Benet was un-
questionably the ablest that was
made in favor of acceptance. The bill
was passed and became a law, and
the State built the college, which is
now in a fourishing condition, and
the pride of the State. Thus it
stands as a monument to the wisdom
of Mr.. Benet, and those who voted
with him for the passage of the bill.
The same wisdom characterized his
legislative career on other occasions.
As a lawyer, Mr.. Benet ranked
among the foremost of the State.
While at the Bar, he had a large
practice, and was unusually success
full, in both the Supreme and Cir
cult Courts. Many interesting ques-
tons of law were settled upon his
initiative. His practice extended in
to different parts of the State and
even into other States. AS an orator
he was very eloquent, and his argu-
ments before the Supreme and Cir
cult Courts, were carefully prepared,
logical and able. His oratorical pow
ers, and scholarly attainments caused
him to receive a great many invita-
lions to deliver addresses in his own
and other States.
We proceed lastly, to speak of
Mr.. Benet as a Judge.
In 1898, he was elected Judge of
the First Judicial Circuit, which
then included the city of Charleston.
At the expiration of his term of Of
flee, he was reelected but after serv-
ing a second term declined to offer
for reelection as he did no care to
spend the length of time from home,
which his judicial duties required.
AS a Circuit Judge his ability was
unquestioned, and he was regarded
as one of the ablest in the State. His
charges to the jury were lucid, sue
cinct, and applicable to the case;
and were regarded by many through
out the State as models. In his de-
crees, he took a broad and compre-
hensive view of the law, and they
reflected common sense and natural
justice, stripped of technicalities, as
far as possible. During his incum-
bency as Circuit Judge, he sat as an
Associate Justice, several times by
special appointments, and wrote sew
eral opinions in behalf of the Court.
At least two of these are justly re-
garded as leading opinions. One is
the case of Norris VS.. Clinkscales,
At S. C. 488 constituting the section
of the Code of procedure, relative
to the testimony of a party 20 a
transaction or communication, be-
tween him and another party then
deceased.
The other case is .Babb VS.. Sulli-
van, 43 S. C. 1876, relative to the
doctrine of laches.
1t is seldom we meet anyone so
well endowed as Judge Benet, for
giving US pleasure as well as in
struction.