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DM!ORTANT DECISION. Holds That Mayor's Courts Have No Juri'iction in Cases of Gamb liug, Selling Liquor, Etc. Anderson Mail. .Judge Aldrich has filed with the clerk of the court his decision in the ca- in which he held that the mayor's co-a:t has no jurisdiction in cases of gambling, selling liquor, etc. As the ieeision caused so much comment at the time it was announced, the full text is published below. The ease will be taken to the su preme court by the city, and in the me.antime the police of the city will continue to bring eases in the police court for gambling, selling liquors, etc., whenever such cases come to their attention. The 'text of Judge Aldirch's deci sion is as follows: The State of South Carolina, County of Anderson. In the Court of General Sessions. The City of Anderson, against M. Seligman, B. Hillman and Isadore Geisberg. Indictment for Gambling. This ease comes before the court of general sessions for Anderson coun ty upon an appeal from the mayor's court, upon a trial, conviction and sentence of the defendants in that court for the violation of an ordi nance of the city of Anderson against gambling. There are several grounds of ap peal, but the only one considered by the court in sustaining the appeal and vacating and setting aside the judgment below is upon the question of jurisdidtion. It being contended by the :appellants and held by the court that the measure of the juris dictiou of a municipal court is the jurisdiction of a magistrate's court, and since a magistrate under the laws of this State is without juris diction to try and punish one for the offense of gambling, a fortiori, a municipal court is likewise without suen jurisdition. The statute gov erning tfie question is found in see tion 2003 of the civil code and is as follows: "The intendants or mayors of the ities and towns of this state * * * * shall hae all the powers and author ity of magistrates in criminal eases withina tie corporate limits and po lice jurisdiction of their respective cities and towns, etc." It being conceded that a magistrate has no jurisdictiori of the offense of gambling, and the jurisdiction of tihe mayor's court being regulated by the statute above quoted it has no juris diction either, unless it is acquired somewhere else. It is contended by the respondent that such power and authority is conferred by The aet of 1898, re-enacted. as section 1999 civil code and which is as follows: " The .eity coneils and town coun ils of the cities and towns of the st:e shall, in addition to the powers coferred by their respective char ters, have power and authority to mke, ordain and establish all such rules, by-laws, regulations and or dinances respecting any subject as shall appear to them necessary and proper for the security, welfare and convenienee of such cities and towns, or for preserving health, peace, or der, and good government within the same. And the said city or town council may fix fines and penalties for tih.e violation thereof, not exceed ing one hundred dollars fine or thir ty days' imprisonment: Provided, That .suc'h rules, by-laws and ordin anes shall not be inconsistent with ihe laws of this state." If -we construe this atct to mean that town councils in addition to the offenses municipal courts already have jurisdiction of, may make pe na such ot:her matters as are not al-1 Sready criminal by state statutes anda the comm'on law and placed beyond the jurisdic.tion .of miagist rates, there woulIrd be n' inconsisteeey between this act and the act limiting the ju Srisdition to that of a magistra'e s court the construlction e:ntended by the city would impiete to the legis lature the intention to confer upon town couneils the power to take to 'hemseses the jurisdi-etion not only of th-ose offenses expressly ex epted i the first act, See. 1999. by simplr restricting' the p)unishmenlt within 'the prescribedl limiss, but to acquire jurisdiction of every offense in the whole .range of the erimmnal law, ineliding murder. manslautghter. burglary, arson and all other felo .es. We do not think the legista ture ira:.nded ':his. It does not help matters to say in the constitution expre*.y except these offenses from the- elas the legislature may clothe inferior courts with the power to tr, for at t.he time these acts were *passed the constitution of 1893 had not be.': adopted. arnd in constroing an act iU must be done as of the time it wa.s .a,ed. The ast .rution) we coin end for~ is *such an one as wvill enable both see tions - tand. and this is a favored ul of -.trntion1. The act we are conistering Vays in termis ia: I 'le po\ver muist be exercised in a lan- 1 ner not to be inconsistent with the 1 laws of the state. and -he opposite construction makes it ineousistent with ee. 199. To hold that town 1 COuICils have -he power clailed for tilel will. if exercised. bring them I into conflict with the circuit courts. I as where 'they essay to try and pun- C ish criminals for the higher offenses it seriously interferes with the court 1 of general sessions dealing with the < same cases. In view of the decisio.ns i of .higher courts, state and federal, I and the wri-ings of our greatest legal < authors, all will admit that this does not violate the constitutional inhibi- z tion of putting one in jeopardy twice -i for the same offense, but none will i deny that it is wrong. When a pris- < oner is .convicted in the court of gen- 1 eral sessions for gambling or selling < liquor and comes up for sentence and t faces the, judge with the announce ment 'that he has already been con- I victed and punished in the city court < for the same offence, it paralyzes the I judicial arm, it ought to do it, and r with every judge who is imbued with < the spirit of our institutions and the i genius of our people it will do it. This state of the law was not reached'i until after a long and zealous strug gle between the highest courts and greatest jurists of the age, but like every contest between those who con tend for the liberty of the citizen upon the one hand, and the concen tration of power on the other, the < caue of liberty went down. T'here : is no higher right nor one better pro- i tected. as our ancestors in their See 0. Don't put off buyi late. I have a cor -Oand re member i SUITS. Trhe house l. ai' ' s u o and one of t ii. -t in *ortamU or dinning ro, n; Y ~r n'I it.4 g 1' needs yo 1 ~. a IC . can you fin W :? !8"n' ' price wvitl:in > u ne.*a ' t surs1 you seen our d n ~ - t nt 1tRES ER' ene duaie i h i evidet '*w ni ~ w I have a nice shipme ccme and lock them cvt ilic ai I Wi, iH ll li. s5 l -I IZd ha! h1t --No person shall be subject flr he same offense to be twice put ill eopardy of life or liberty." And "et. in the present s:ate of our laws o-day an expounded by our highest -ourts. a itzen of South Carolina nay be tried. co'nvicted and punished )y a tit y council, by the court of teneral sessions in the state court md by the United States court for he same offense. Two -things are as ertain as anything can be, this ought iot to be, and was never intended to >e by those who enunciated 'the prin ipal above quoted. It is considered that the import nce of the subject justifies the giv ng to the supreme court the oppor unity of reconsidering the decisions f the city council of Abbeville vs. eonard. 61. S. C., page 99. and cth-i r cases 'holding the contrary view of he law. The order in this case, and also in he case of city of Anderson vs. An rew Johnson for selling intoxicating iquors. sustaining the appeals and eversing the judgments of 'the may r's court. have already been filed. et this judgment be filed with and o to constitute a part of 'the record n those cases. 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