The herald and news. (Newberry S.C.) 1903-1937, June 09, 1908, Page SIX, Image 6
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.
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