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GARY'S RULING ON SEARCH WARRANT A MATTER OF FAR REACHING IMPORTANCE. * The Document Which Farmer Served on Sellers is Said to Have Been. of No Force. Judge Krncsf Gary, in (lie trijil of the ?ase of \\, 11. Sellers, filinrgod with I he murder of James I'. Farmer, made a ruling Saturday which is of considerable importance in a general way, as it alVccts (lie authority of every dispensary constable in the State. In the Sellers ease .Judge (iary hold that the deceased, Farmer, w ho was appointed and commissioned b.v Gov. Ansel ?s a member of the Kiehland county constabulary, \v:is not ;i properly constituted constable !o execute a search warrant. Ruling of the Court. I udife (iary said iu announcing his decision : "The view I have taken of this Venders ii unnecessary for uie lo yo into (|>e nievils or validity of (lie warrant on its la en, tli.it is (lie search a i ran I ; I : 1111 goiutr Iu <oiisid<'r the ' I ue> | ii i| i with I lie view that I lie war-' vai:l is regular and legal in so far as llie form of | lie warrant is conccrned. 1 lake il that the question involves (he issue whether I lie deceased, nt the time o| | lu? homicide, was an ollicer of I lie law, in discharge of his duly as such ollicer in I lie execution of (lie search warrnnl introduced in evidence. This brings up the ques1 ion whether his commission by the governor <|iialilied liini as such ollicer. ho, l>\ reason <>| such commission, j iu the absence of any special appointment I roiu the magistrate issuing the warrant, was clothed with Hie authority lo execute (lie same. Ibis authority, i| is contended, is given under the dispensary law, section .18, which reads as follows: * 11 s h a II be the duty of the sheritls and their deputies, magistrates, constables, rural police, city and town olVcials. lo inforce the provisions of this act. If (hey fail lo do so, it is hereby made the duty of the governor to enforce the same, and he is hereby authon/.ed lo appoint such deputies, constables and detectives as may be necessarv, tiie salaries and expenses of such officers to be paid out of the profits of |||.> dispensaries in counties wherein thevi may be established, and out of the I "idinary county liinds in counties I wherein they have not been estab-l lished.' n.al is i lie authority id' I lie ?nv- ' eriior lor this appoin'ineul. Mvj const rucl ion of thai section is that it I authorizes (lie governor to appoint I special constables to enforce ilic dispensary law. 'fhe search warrant is not a creature ol the dispeusarv law, but is a mandate issuing from Magistrate Kowles, whose ollice exists' Il:ro;io|i any provision of the dis-| pensarv law, but under the general law. While it is true the dispensary law authorizes magistrates to issue search warrants for contraband 1 i<| ioi-s, the mode of executing such warrants is not provided for, iu fact it is restrictive only to the extent of limiting such searches of dwelling houses to the day and not to the night. Hence we are remanded to the general law. independent of and irrespective of the dispensary law for the manner of executing a search warrant, or in fact any warrant emanating from the magistrate's court. "What then is the general. law? Section 1017 of the general law reads as follows: " 'When any person shall be elected or appointed to the olliec of constable he shall repair to the clerk's otlice of the county and, together with the evidence of his election or appointment. he shall lodge his bond, in the form prescribed hv law, in the penalty of $">00, with good snret ies, not les than two, nor more than live, to he approved in writing by the clerk, and upon taking the oath herein prescribed such person shall be entitled to a certilieale from the clerk thai Iu* has filed his bond and taken the required oaths, and shall 1 hencetorlh he regarded as a regularly qualified constable; nor shall any person not so qualified exercise the powers of a constable: Provided, That nothing herein contained shall prevent a presiding judge,'or a magistrate, or a coroner, from appointing a constable to act by virtue of such appointment only on a particular occasion, to be specified in writing; hut no magistrate shall deputize the person swearing out a warrant iu iinv ease to serve the same.' "That is the general law with reference to the qualification of a eonstable. My construction of this section is: When any person shall be elected or appointed to the office of constable ho shall repair to the clerk's office and qualify himself as prescribed by the statute. "The appointment of the deceased is under section 38 of the dispensary law, and is as follows: 'It shall be tho duty of tho sheriffs and their deputies, magistrates, and so on, to enforce the provisions of the dispensary law.' "It having been shown above that (he execution of a search warrant not being a function of tho dispensary law, but originating from tho magistrate who issues the warrant, u only remains to determine the mode of appointing the officer to execute the same. My conclusion, therefore, is that the general law cited in the statute prescribes two modes: First, when a constable lias been appointed or elected to the office of constable to (he court whose process he is to cxccute; and, second, by special appointment in writing under I he statute tor u particular occasion bv a presiding judge, a trial justice (now magistrate) or a cm oner. Those are I wo modes by which a constable is appointed. Now the question comes up, is a dispensary constable, appointed under section .'iH < f (11<_> dispensarv act, |o -|ualify under such commission, to take the place of (his stalutory proceeding? I think not. I do nol think the act itself contemplated it. that constables should be appointed bv the executive of tl.e State to execute a magistrate's warrant. 41 I here were two modes ot. determining who should he constable: one was the magistiatc conhl appoint him and have him qualify and the other was that the vicinage, the citizens, could elect him and have him qualify, aed the other was that the '.Magistrate ts-niut.? (lit process could '-.->i!e the appointment in writing specifying the person to execute the warrant for a particular purpose and on the particular occasion speciticd. "My conclusion is the appoint incut shown here does not come up to the i ef,nirement of the general law. That is one reason for uiv conclusion, and the second is on the bond itself. lOven conceding that the commission of the governor would authorize and quality the dispensary constable to be a constable under contemplation of the general statutes, has he complied with that requirement, as shown here by the statute?" (Sec. 1017 quoted above.) "Now what does the proof show with reference to the qualilicat ion ? I The commissions before us of (lov. Ansel are in these words: " 'Having apopintcd .). ("'. Farmer as a constable for Iticiiland county under the dispensary law on dan. 1!MIS, and having limited his term lo ::i) days from said date, I do now and hereby reappoint him as constable for Wichland county for the term of .">() days from this dale under the same conditions as my former appointment "I need not read the former appointments, they were in succession. "Now, the condition of the bond that he executed is in these words: " 'Now, the condition of the above obligation is such, that if the above bound J. 1*. Farmer shall well and truly perform the duties of said office as now oi hereafter required by law, during the whole period he may continue in said office, then the above obligation to be void and of none effect, or else to remain in full force and virtue.' "The condition of the bond, therefore, executed under the tirst appointment, is for a faithful performance of the duties of such office during the whole period he may continue in office. My conclusion is that this condition only applies to the term of office under the appointment and commission existing at the time of execution of such bond and does not cover a period subsequent to such appointment, or a term of service under a new and different appointment. In other words, when a new appointment was made it was necessary to execute a new bond. "My conclusion, therefore, is that deceased was not qualified as a constable to execute a search warrant, under the dispensary law, issued by M agist rate Fowles. C'KiAR SALESMAN WANTF.D. F.xpcricnce unnecessary. $ioo per month ami expenses. Peerless Ci&'ar Co., Toledo, Ohio. ANY OX F who knows the owner of the office desk formerly used by James Y. Culhreath, Esq., will please communicate the name and address of such owner to C. J. Ramagc, Saluda, S. C. 2t. Wing's Swoet Sixteen Kisses, old fashioned choealatos, fruit tablets, caramels, p?ennut brittle, ehocalate almonds, etc., just received. B ro add us & Huff. > NEWBERRY UNION STATION. i ?i Arrival and Departure of Passenger Trains?Effective 12.01 A. M. Sunday, June 7th, 1908. i Southern Railway: No. 15 for Greenville .. ..8.57a.m. No. 18 for Columbia .. ..1.40 p.m. No. 11 for Greenville .. ..3.20 p.m. No. 16 for Columbia 8.47 p.m. 0., N. & L. Ry. No 85 for Laurens 5.19 a.m. No. 22 for Columbia .. ..8.47 a.m. No. 52 for Greenville .. 12.50 p.m. No. 53 for Columbia .. ..3.20 p.m. No. 21 for Laurens .. . .7.25 p.m. No. 84 for Co^imbia .. ..8.36 p.m. Docs not run on Sunday This time table shows the times at which trains may be expected to depart from this station, but their departure is not guaranteed and the time shown is subject to change without notice. G. L. Robinson, Station Master. ANNOUNCEMENTS FOR THE STATE SENATE: Alan Johnstone is hereby nominated for the State Senate, subject to the rules of the Democratic primary. FOR LEGISLATURE. 1 announce myself a candidate for re-election to the I louse of Representatives of South Carolina, subject to the rules of the Democratic primarv E. If. Aull. I hereby announce myself ;is a candidate for membership in the house o! representatives of the General Assembly of South Carolina from Newberry county, subject to the action of the Democratic primary. l'\ \Y. Higgins. FOR SHERIF Doing conscious of the . t that I have discharged the duties of the sheriff's office to the best of my ability, and believing flint I have the endorsement of the majority of the people of Newberry county, to this end, 1 would again annoucnc myself a candidate for reelection, subject to the decision of the Democratic primary. M. M. Buford. F am a candidate for Sheriff of Newberry comity, subject to the niles of ilie Democratic party. Cannon 0. Blease. FOR CORONER: J. X. Bass is hereby announced as a candidate for coroner of Newberry county, subject to the rules of the Democratic primary. FOR COUNTY SUPERVISOR. L. 1). Morris (better known as Hobo) is hereby nominated for the ollice of Supervisor of Newberry county, subjeot to the action of the Democratic primary. J. Monroe Wicker is hereby nominated for reelection to the office of Supervisor for Newberry county, and will abide the result of the Democratic primary. Jack B. Smith is hereby nominated for tho office of Supervisor for Newberry county, subject to the Democratic primary election. I hcroby announce myself a candidate for the office of county Supervisor and will abide the rules of the democratic party. II. II. Abrams. I announce myself as a candidate for Supervisor and will abide the result of the Democratic party. L. I. Feagle. I hereby announce myself a candidate for Supervisor for Newberry County and will abide the rules of the Democratic party. Benj. Half acre. FOR MAGISTRATE. Townships Nos. 1 and 8. 1 hereby announce myself as a candidate for Magistrate for Nos. 1 and 8 townships and will abide the rules of the Democratic part v. S. G. Carter. I'. M. Lindsay is hcroby announced as a candidate for magistrate for Nos. 1 and 8 Townships and will abide the result of the Democratic primary. I am a candidate for Magistrate for Nos. 1 and 8 Townships, and will 1! be governed by the rules of the Deraocratic party. Jno. Henry Chappell. I hereby announce myself a candidate for Magistrate for Townships Nos. 1 and 8. C. B. Tddwell. Magistrate No. 3. A [ hereby nnnnounce myself as Can- hi didato for Magistrate for No. 3 in Township, subject to the action of the Democratic party. John Henderson. For Magistrate No. 6. Will T. Buford is hereby announced as a candidate for Magistrate for No. 0 Township and is pledged to abide the rules of the Democratic party. Friends. For Magistrate No. 7. J. W. Ii. Keith is hereby nominated as a candidate for magistrate for No. ^ 7 township subject to Democratic prima ry. Citizen. For Magistrate Township No. 10. I am a candidate for Magistrate for I No. II) Township, and will be govern- I od by the rules of the Democratic par- ?j ty. P. H. Ellesor. | For Magistrate No. 11. ('. L. (iraham is hereby announced I p ;? candidate I'or Magistrate for No. 11 Township and will abide (lie rules of the Democratic party. W. L. Ivibler is announced as a candidate for Magistrate for numbei 11 township and will abide trie rules ( of tl-e Democratic party. The voters of No. 11 Township nominate W. B. Graham as a candi- i date for Magistrate, lie will abide by the rules of the Democratic party. SUP'T OF EDUCATION. C B. L. Jones is hereby nominated for position of Superintendent of Education for Newberry County, subject to the decision of the Democratic primary. J. B. O'Neall TTollowav is announc- V od as a candidate for County Superitnndent of Education and will abide 1 ho rules of the Democratic party. i J. S. "Wheeler is hereby announced as a candidate for re-election to the ^ office of Superintendent of Education for Newberry County subject to the rules of the D emoeratic primary. FOR TREASURER Join. Ii. Epps is announced as a candidate for re-election as Mvunty treasurer of Newberry county and will abide the rules of the Der*-"ratic party. FOR CLERK OF COURT. .Tno.C. Goggans is hereby noininated for re-election to the office of Clerk of Court for Newberry county, S. C., subject to the rules of the D^'cratic primary. FOR AUDITOR. Wm. W. Cromer is hereby announced as a candidate for re-elertion to the office of Auditor for Newberry County, and is pledged to ?3ride th; rules rf the Democratic primary. I am a candidate for the of County Auditor of Newberry county and will abide the rules of Democratic party. Eugene S. Werts. FOR MASTER II. II. Rikard is hereby announced as a candidate for x-e-eleclion to tha office of Master for Newberry county subject to the rules of the Democratic primary. FOR COUNTY COMMISSIONER. I am a candidate for reelection to the office of county commissioner for Newberry county, and will abide the result of the Democratic primary. Very Respectfully, Thos. J. Wilson. I aim a candidate for reelection to the office of county commissioner for Newberry county and will abide the result of the Democratic primary. Very respectfully, W. IT. Wcndt. I hereby announce myself as a candidate for County Commissioner subject to the rules of the Democratic convention. C. E. IiCit/.soy. G. V. Dicker! is hereby announced as a candidate for county commissioner and will abide the rules of the Democratic party. "ire; Frost; Burglars; F nadoes; Cyclones; W Sickness; Careless: Don't D ud leave your hard-earned savings buric av destroy all traces of the place, otiey stowed away in the ground or i THE EXCHANI Newberry, And draw FOUR percent annually, a D. DAVENPORT, President. ,r. B. WALLACE, Assistant Cashier. HEAD and I "or a limited time subscription! McCall Mj FOR 20 Cents a Jail at Our Store ar ticular D. KLET The Fair and Sqi Ve have many ot that no other stoi JOB PRIN ''AS Y( LIKE Herald and ? ~~ 'ickpockets; Tor= \ ife's Relations; ' ness; Death; ie \ d in the ground. A fcyclone You can get 110 insurance on \ 11 a frame house. Put it in } BE BANK \ s. c., ( ud untold accommodation. M. L SPEARMAN, Cashier. ( GEO. 13. CROMER, ! Attorney. PROFIT! I we will give ) s to the i igazine a '1 l Year 4 I id Learn ParI s. TNER, t lare Dealer. :her Bargains i f re can offer. > TING 5u IT" News