The Darlington news. (Darlington, S.C.) 1875-1909, December 26, 1895, Image 6
When FtefOrmW* PHI Quit Et>
[Wacbington Port.]
'This story is told on Set
Tillman: Wben he had his
assigned him on the floo
found his nearest neighbo
be Sena or Irby, of South C
lina. Tho two are out, and I
not spoken for a long tin
passing. It made Tillman
very uncomfortable to si
near.to his enemy, and he a
to be changed on the groui
his visual affliction, for e'
one knows that Senator Till
is blind of one eye. His
was that he could not se
well, sitting where he die
le could from some other
The next day he found hit
• assigned to a desk: on the <
side of Irby, there simply
ing been a reversal of posit
•T asked to be changed,”
Tillman to the acting offici
the Senate, “because Icoul
see from that desk, and
have only changed me t
other side'ot Senator Irby. :
“Yes, sir,” said the floo
cidl, “I did not suppose
could see him on the si<
which you are blind, anc
changed you accordingly.’
Tillman gave a snort of
tempt and picked out a
which in not approximate
desirable as the first one ^
It May Do a* Much for Yo
Mr. Fred Miller, of Irvii
writes that he had a Sevei
ney trouble for many
with severe pains in hit
I«o Jhat his bladde
__ He tried many t
ed Kidney cures but *
ny good result. About i
igo he began use of E
'litters and found relief a
.Clectric Bitters is esp
adapted to cure of all 1
and Liver troubles and
gives almost instant relie
trial will prove our stab
Price only 50c. for large
At Dr. J. A. fioyd’s.Drug
Alice (the friend)—I do
how anyone can help
Marie.’
Biam
lanche (the rival)—Sh
helpjt herself.”—Life.
Knights of the Maccabet
The State Commander
us from Lincoln. Neb , i
lows: “After trying othei
clues for what’, seemed t
S obstinate cough in o
Iren we tried Dr.
New Discovery and at tl
of two days the cough e:
left them. We will not be
out it hereafter, as our
ce proves that it cures
other remedies fail.”-
ed F. W. Stevens, State (
Why not give this great
cine a trial, as it is guar
and trial bottles are f
Dr. J. A. Boyd’s Drug
Regular sieeJ50c. and f l.C
—
“And did he say he rt
when I was a g
said he remeo
he was a boy.”
( Arnica Salvo.
i Best Salve in the
_ts, Bruises. Sores. I
itheum, Fe v er Sores, 1
Chapped Hands Chill
Corns, and all Skin Eruj
and positively cures Piles
pay required. It is guan
to give perfect satisfactu
money refunded. Price 25
per box. For sale at Dr.
Boyd's drugstore.
Why suffer with Ck
and LaGrippe wher
Bromo Quinine wil
in one day. ’ Does no
the ringing in the
ulphate of Quinine,
tablets convenient ft
teed to cui
unded. Prio
For sale by O. B. 1
. Goodheart—My inct
I a year. Don’t you
daughter could li'
. Spend well—She pre
‘ economy, bul
live?—AVtc
fed, with theit
i circulatiot
. blood, Ayer*
i is a boon beyond
is to check tb
of time, by invi
i, nerve, ant!
Aye
the new year.
• of
Pcounty
may be
and void. No nmaarried woman ahall
legally cocaent to sexual intercourse
who shall not have attained the age of
14 years.
Hec. 34. The general nss?mbly of
this State shall not enact local or ipe-
cwl las s concerning any of the follow
ing subjects or for any of the follow
ing purposes, to-wit
I. To change the names of persons
or places.
II. To lay out, open, alterorworkl
roads or highways.
III. To incorporate cities, towns or
Tillages, or change, amend or extend
the charter thereof.
IV. To incorporate educational, re
ligious, chnritahle, social, manufactur
ing or banking institutions not under
the control of the 8tate, or amend or
extend the charters thereof.
V. To incorporate school districts.
VI. To authorize the adoption or
legitimation of children.
VII. To provide for the protection
of game.
VIII. To summon and cm
grand or petit juries.
IX. To provide tor the agi
citizens shall be subject to
er public duty.
X. To fix the amoj
compensation to In
officer, except
so made as tp^tf5« <*>« frimpeusation
in proportip^*BW ro V ul, * tlon ttuJ
Xi Ag *11 other eases, whereagen-
‘■^^^^^^made applicable, no
Hi be enacted,
fe general assembly shall
Tenact general laws concern-
| subjects for said purposes,
isball be uniform in their opera-
tins: Provided, That nothing con-
r tainedin this section shall prohibit
the general assembly from enacting
special provisions in general laws.
XIII. The provisions of thissec-
tion shall not apply to charitable and
educational corporations where, under
the terms of a gift, devise or will, spe
cial incorporation may be required.
8ec. 35. It shall be the duty of
the general assembly to enact laws lim
iting the number of acres of land
which any alien or any corporation
controlled by aliens may own within
this Slate.
ARTICLE TV.
MKCtrrrvB dkpobtmwxt.
Section 1. The supreme executive
uthority of this State shall be vested
n a chief magistrate, who shall be
styled “the governor of the State of
South Carolina.”
Sec. Si. The governor shall be elected
by the electors duly qualified to vote
for members of the house of represen
tatives, and shall hold his office for two
years, and nntil bis successor shall be
chosen and qualified, and shall be re-
eligible. He shall be elected at the
first general election held under this
Constitution tor members of the gen
eral assembly, and nt each general elec
tion thereafter, and shall tie installed
during the first session of the said gen
eral assembly alter his election, on
such day os shall be provided by law.
The other State officers-elect shall at
the same time enter upon the perform
ance of their duties.
Sec. 3. No person shall be eligible
to the office of governor who deniesthe
existence of the Supreme Being; or
who at the time of such election hss
not attained the age of 30 years; and
who shall not have been a citizen of the
United States and a citizen and reai-
dent of this State for 1 five years next
preceding the day of election. No
person while governor shall hold any
office or other commission (except in
the militia) under the authority of this
State, or of any other power, at one
and the same time.
Sec. 4. The returns of every election
for governor shall be scaled up by the
boards of canvassers in the respective
counties and transmitted by mail to the
•eat of government, directed to the
secretary of state who shall deliver
them to the speaker of the house of
representatives at the next ensuing ses
sion of the general assembly; and du
plicates of said returns shall be filed
with the clerks of the court of said
counties. It shall be the duty of any
clerk of court to forward to the secre
tary of state a certified copy of said re
turns upon being notified that the re
turns previously forwarded by mail
have not been received at his office. It
shall be the duty of the secretary of
state, after the expiration of seven days
from the day upon which the votes
have been canvassed by the county
board if the returns thereof from any
county have not been received, to
notify the clerk ofcourtofsaidcouuty,
and order a copy of the returns filed
in his office to bo forwarded forthwith.
Tho secretary of st '.te shall deliver the
returns tc the shaker of the house of
representatives, at the next ensuing
session of the general assembly; and
during the first week of the session, or
as soon as the general assembly shall
have organized by the election of the
presiding officers of the two houses, the
speaker shall open and publish them in
the presence of both houses. The per
son having the highest number of votes
shall be governor; but if two or more
ahall be equal, and highest in votes,
the general assembly shall during the
same session, in the house of represen
tatives, choose one of them governor,
viva voce. Contested elections for'
governor shall be determined by the
general assembly in such manner as
shall be prescribed by law.
Sec. C. A lieutenant governor shall be
chotcu at the same time, in the same
manner, continue in office for theeame
period and be poesi'Saed of tbesame qual
ifications as the governor, and shall,
ex-officio, be-president of the senate.
Sec. C. The lieutenant governor
while presiding in the senate shall have
no vote unless the senate he equally
divided.
See. 7. The senate skt3 as soon as
practicable after the convening of the
general assembly, choose a president
and the last)
forthwith, J
senate iy
temr
pro tempore to act in the absence of
the lieutenant governor, or when he
shall fill the office of governor.
Sec. 8. A member of the senate act
ing as governor or lieutenant governor
shall thereupon vacate bis scat and an
other person shall be elected in his
stead.
Sec. 9. In case of the removal of the
governor from office by impeachment
death, resignation, disqnalificati
disability, or removal from the
tho lieutenant governor shall
governor; and in case of tb
of the last named officer
by impeachment, death^*^^
diMiiiahhoation, •usal^^HHr .
from the State, '
nore of the senaJ^H^ governor;
pore oi tne senya^^fr shaU then
Ton, convene the
a president pro
osen. In case the
peached, the lieutenant
11 act in his stead and
were nntil judgment in the
1 have beea pronounced. In
f the temporary disability of the
ernor the lieut 'nant governor
all perform the duties of the gov
ernor.
Sec. 10. The governor shall be
commander-in-chief ol the militia of
the State, except when they shall be
called into the active service of the
United States.
Sec. 11. He shall have power to
grant reprieves, commutations and
pardons after conviction (except in
cases of impeachment,) in such man
ner, on such terms and under such re
strictions as he shall think proper; and
ne shall have power to remit fines and
forfeitures, unless otherwise directed
by law. It shall be hie dnty to report
to the general assembly, at the next
regular session thereafter, all pardons
granted by him, with the report of
the board of pardons. Every petition
for pardon or enmmutation of sentence
may be first referred by him to a
board of pardons, to be provided by
the general assembly, which board
shall hear all such petitions under
such rules and regulations as the gen
eral assembly may provide. The gov
ernor may adopt the recommendations
'of said board bnt in esse he does not
he shall submit his reasons to the gen
eral .assembly.
Sec. 12. He shall take care that
the laws be faithfully executed in
mercy.
Sec. 13. The governor and lieu
tenant governor shall, at stated times,
receive for their services compensa
tion, which shall he neither increased
nor diminished during the period for
which they shall have been elected.
Sec. 14. All officers in the execu
tive department, and all boards of
public institutions, shall, wben re
quired by the governor, give him in
formation in writing upon any snbject
relating to the dnties of their respect
ive offices or the concerns of their re
spective offices or the concerns of the
respective institutions, including item
ized accounts of receipts and disburse
ments.
Sec. 15. The governor shall, from
time to. time, give to the general as
sembly information of the condition
of the State, and recommend for its
consideration such measures as he shall
deem neceasa.y or expedient.
Sec. 16. He may on extraordinary
occasions convene the general assem
bly in extra session. Should either
house remain without a quorum for
five days, or in case of disagreement
between the two houses during any
session with respect to the time of ad
journment, he may adjourn them to
such time as he shall think propier, not
beyond the time of the annual session
then next ensuing.
Sec. 17. He shall commission all
officers of the State.
Sec. 18. The seal of the State now
in use shall be used by the governor
officially, and shall be called “the
great seal of the State of South Caro
lina.”
Sec. 19. All grants and commissions
shall be issued in the name and by the
authority ol the State of South Caro
lina, sealed with the great seal, signed
by the governor and countersigned by
the secretary of State.
Sec. 20. The governor and lieuten
ant governor, before entering upion
the duties of their respiective offices,
shall take and subscribe the oath of
office as prescribed in article 3, section
26, of the Constitution.
See. 21. The governor shall reside
at the capital of the State, except in
cases of contagion or the emergencies
ol war; but during the sittings of the
of the general assembly he shall re
side where its sessions are held.
See. 22. Whenever it shall be
brought to the notice of the governor
by affidavit that any officer who has
the custody of public or trust funds, is
probably guilty of embezzlement or
the appropriation of public or trust
funds to private use, then the gover
nor shall direct his immediate prosecu
tion by the proper officer and upon
true bill found the governor shall
suspend such officer and appoint one
in his stead, until he shall have been ac
quitted by the verdict of a jury. In
case of conviction, tho office ahall be
declared vacant and the vacancy filled
os may be provided by l»w.
Sec. 23. Every bill or joint reso
lution which shall have passed the gen
eral assembly, except on a question of
adjournment, shall, before it becomes
a law, be presented to tbo governor,
aud if be approve he shall sign it; if
not, be shall return it with hi» objec
tions, to the bouse in which it origina
ted, which shall enter the objections
at large on its journal and proceed to
reconsider it It after such recousid-
eratiob two-thirds of that house shall
agree to pass it, it shall be sent, to
gether with the objections, to the oth
er bouse, by which it ahall bo recon
sidered, and if approved by two-thirds
of tbathouse it shall have tho same ef
fect as if it hud been signed by the
governor; but in all. suen cases the
vote of both houses shall be Ukeu by
yeas and nays, and <
persons voting for I
or joint resulutioj
the journals j ~
ively. Bill)
of the
ject mi
are j
the
o bill
I titered on
s respect
ing money out
1 specify the ob-
for which the same
ppropriate to them re-
eir several amounts in
ems and sections. If the
it shall not approve any one or
of the items or sections contain-
in any bill, but ahall approve the
'residue thereof, it shall become a
law as to the residue in like
manner as if be had signed it.
The governor shall then return the
bill with his objections to the items or
sections of the same not approved by
him to the honse in which the bill
originated, which honse shall enter the
objections at large upon its journal
and proceed to reconsider so much of
said bill as is not approved by the gov
ernor. The same proceedings ahall lie
had in both houses in reconsidering
the same as is provided in case of an
entire bill returned by the governor
with his objections; and if any item or
section of said bill not approved by
the governor shall be passed by two-
tbirds of the two houses of the gener
al assembly, it shall become a part of
said law notwithstanding the objec
tions of the governor. If a bill or
joint resolution shall not be returned
by the governor within three days
after it shall have been presented to
him, Sunday's excepted, it shall hare
the same force and Affect as if he had
signed it unless the general assembly,
by adjournment, prevent its return, in
which case it shall have such force and
effect unless returned within two days
after the next meeting.
Sec. 24. There shall be elected by
the qualified voters of the State a sec
retary of state, a comptroller-general,
an attorney-general, a treasurer, an
jntant and inspector-general, and a
superintendent of education, who shall
hold their respective offices for the
term of two years, and until their
several successors have been chosen
aad qualified; and whose dnties and
compensations shall be prescribed by
law. The compensation of such offi
cers shall be neither increased nor
diminished during the period for which
they shall have been elected.
ARTICLEV.
JUDICIAL DXPABTMKNT.
Sec. 1. The judicial power of this
State shall bo vested in a supreme
court, in two circuit courts, to wit: A
court of common pleas having civil
jurisdiction and a court of general
sessions with criminal jurisdiction
only. The general assembly may also
establish county courts, municipal
courts or such courts in any and all of
the counties of this State inferior to
circuit courts as may be deemed necea-
aary, but none of such courts shall ever
be invested with jurisdiction to try
cases of murder, manslaughter, rape
or attempt to rape, areon, common law
burglary, briliery or perjury: Pro
vided, Before a county court shall be
established in any connty it mnst be
suemitted to the qualified electors and
and a majority of those voting must
vote for its establishment
Sec. 2. The enpreme court shall con
sist of a chief justice aud three associ
ate justices, any three of whom shall
constitute a quorum for the transac
tion of business. The chief justice
shall preside, and in his absence the
senior associate justice. They shall be
elected by a joint viva voce vote of the
general assembly for the term of eight
years, and shall continue in office un
til their successors shall be elected and
qualified, and shall be so classified that
one of them shall go out of office every
two years.
Sec. 3. The present chief justice and
associate justices of the supreme court
are declared to be the chief justice and
two of the associate justices of said
court as herein established nntil the
terms for which they were elected
shall expire, and the general assembly
at its next session shall elect the third
associate justice and make suitable
provision for accomplishing the class
ification above directed.
Sec. 4. The supreme court shall
have power to issue writs or orders of
injunctiou, mandamus, quo warranto,
prohibition nertiorari, habeas corpus
and other original and remedial writs.
And said court shall have appellate jur
isdiction only in cases of chancery and
in such appeals they shall review the
findings of fact as well as the law, ex
cept in chancery cases where the facts
are settled by a jury and the verdict
not set aside and shall constitute a
court for the correction of errors at
law under such regulations as the gen
eral assembly may by law prescribe.
Sec. 5. The supreme court shall be
held at least twice in each year at the
seat of government and at such other
place or places in the State as the gen
eral assembly may direct
Sec. 6. No judge shall preside at the
trial of any cause in the event of which
he may be interested, or when cither
of the parties shall be connected with
him by affinity or consaogoinity with
m such degrees aa may be prescribed
by law, or in which he may have been
counsel or have presided in any infer
ior court. In case all or any of the
justices oi the supreme court shall be
thus disqualified, or be otherwise pre
vented from presiding in any cause or
causes, the court or the justices there
of shall certify the same to the gov
ernor of the State, and be shall imme
diately commission, specially, the
requisite number of men learned in the
law for the trial and determination
thereof. The same course shall b«
pursued in the circuit and inferior
courts aa is prescribed in this section
for cases of the supreme court. The
general assembly shall provide by law
for the temporary appointment of men
learned in the law to hold either spe
cial or regular terms of the circuit
courts whenever there maybe neces
sity for such appointment.
See. 7. There shall be appointed by
the jt
port*
shall
and
shall
Hot
is rev
court,
stated
upo»
comrii
tberei
stated
the r<
See
court
shall ■
their i
shall i
durinf
They i
perqu
hold a
under
any ot
Sec.
to the
justici
who ii
citizei
State
26 yes
toruej
and hi
five y<
Sec.
court
filled 1
provit
does a
may b
ment.
office,
peace
a vaca
ment
hold c
his p;
See
snpie
of the
reven
the f>
opine
affirm
herei
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exerc
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that
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and i
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izens
mina
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The
ted, Oi
SPECIAL ANNOUNCEMENT.
This great lecture on " The Last Days of the Confederacy" became famous oi
the occasion of its first delivery in the Tabernacle of Brooklyn, New York, beiore a:
audience of five thousand people. It has charmed many thousands in all sections <c
the United States since that night. Its broad patriotism, its exquisite humor, i:
faithful portrayal of great leaders of both armies, its pathetic delineation of thrillin.
incidents, and the magical eloquence of the description of the closing scene at App'
mattox, and of Grant and Lee as they stood together in the little brick house in th
last act of the great drama, and the mingling together of the soldiers of the hithert
hostile armies, combine to make this lecture one of great historical and patriot
interest to the young and old of both sections. Vast audiences everywhere are alte:
nately moved to tears and laughter and enthusiasm.
By reference to the following extracts from the press you will obtain some co:.
ception of the electrical effect of this remarkable production. The comments fr<u
the press, of which we have hundreds, are very much abbreviated to give space for
greater number of them. Requests for dates have come fast from every section, mar-
places desiring return engagements. Applications should be filed early, as it
essential in the arranging for an economic use of the short time the General can tak.
from his duties in the Senate.
OPINIONS OK THE PRESS.
“The debut of General John 11 Gordon United States Senator from Georgia, on the lectn
platform, which took place at the Tabernacle last night,marks an epoch in the telling to the risn ^
generation of the story of the war, or at least its close, and more than a glimpse of the seem -
attending its later days.
“General Gordon is a speaker of magnetic eloquence, and the scene in the Tabernacle l.,-:
night was more like that at a stirring political meeting than at a lecture The audience was,
times, aroused to the highest pitch of enthusiasm. When the speaker of the evening was inti
duced every one in the great gathering arose, waved his or her handkerchief and cheered for i
minute or two. His tributes to the characters of Generals Lee and Grant were applauded most
warmly When General Gordon finished, three ringing cheers were given for him.”—New Yotk
Daily Tribune
' Beneath the stars and stripes General J. B. Gordon stood, last night, in the Academy of
Music and told the story of ‘The Last Days of the Confederacy.’ The large audience he addressed
was a notable one. Prominent men from every profession laughed at the humor of the speaki r.
wept at his pathos and applauded his sentiments as he dwelt upon the scenes and character of the
great struggle." Philadelphia (Pa ) Press.
" When General Gordon rose in Washington Artillery Hall last night, to speak upon the preg
nant and thrilling memories of the civil war, he was saluted by an audience which for numbers
and enthusiastic demonstrations of welcome is not often vouchsafed to public speakers anywhere
Artillery Hall was densely packed with citizens Possessing a magnificent physique and grand
voice, his presence as a public speaker would command at the beginning the attention of any audi
ence. hut when there were added to these, noble thoughts presented with the ease and grace and
dignity that belong to oratory, it is the simple truth to say that General Gordon threw upon his
vast audience a spell which enchanted and enchained them through every word of his resounding
eloquence. 1 ’ [Editorial] Daily Picayune. New Orleans, La.
'■ General Gordon is a born orator. His voice is rounded and full, his diction eloquent and
graphic, his whole manner impressive. And for substance his lecture is based upon a wealth of
scenes and incidents at once new and interesting in the extreme. No synopsis can convey the
slightest idea of the superb lecture. It must be heard to be appreciated. He held his great
audience in rapt attention. That lecture is a sensation. It is no partisan speech, but comes from
a great, loving, loyal heart which knows how to renew its loyalty to the flag of the Union with
increased devotion.’ - Atlanta (Ga.) [ournal.
" Last evening was the occasion of the delivery, by General John B. Gordon, of his famous
lecture, ‘ The Last Days of the Confederacy.’ The lecture was given under the auspices of Wells
Post. G. A. R. Though this was General Gordon’s second appearance here within a year, the
public was not less eager to avail itself of the opportunity to hear the distinguished ex-Confed-
erate than it was the first time. The Board of Trade auditorium was packed almost to suffocation.
As an orator Senator Gordon is simply superb. He riveted the attention of his audience while he
either related in pleasing narrative or humorous story the events of the closing struggles of the
rebellion, ever and anon paying a glowing tribute to the great characters of the war. Weaving in
a well-told story of humorous incident, he would glide gracefully to a vein of tenderest pathos.
General Gordon was introduced by Governor McKinlev.”—Ohio State Journal, Columbus, Nov.
zi, 1894.
tiAAO jttovavrw—a
judges sitting, shall be final and con
clusive. In such cose the chief justice,
or in bis absence the presiding associ
ate justice, shall preside. Whenever
the justices of the supreme court and
the circuit judges meet together for
the purposes aforesaid, if the number
thereof qualified to sit constitute an
even number, then one of the circoit
judges must retire; and the circuit
judges present shall determine by lot
which of their number shall retire.
Sec. 13. The State shall be dived-
ed into as many judicial circuits as the
general assembly may prescribe, and
for each circuit a judge shall be elect
ed by joint viva vocevote of the gen
eral assembly, who shall hold his office
for a term of four years; and at the
time of his election he shall be au
elector of a connty of, and daring his
continuance in office he shall reside in,
the circuit of which he is judge. The
present judges of the circuit courts
shall continue in office until the ex
piration of the terms for which they
were elected, and, should a new divis
ion of the judicial circuits be made
shall be the j'udges of the lespective
circuits in which they shall reside after
■aid division.
Sec. 14. Judges of the circuit
courts shall interchange circuits with
each other and the general assembly
shall provide therefor.
Sec. 15. The courts of common
pleas shall have original jurisdiction,
subject to appeal to the supreme court,
to issue writs or orders of injunction,
mandamus, habeas corpus, and such
other writs as may be necessary to car
ry their powers into foil effect. They
shall have jurisdiction in all civil cases.
They shall have appellate jurisdiction
in all cases within the jurisdiction of
inferior courts, except from such in
ferior courts from which the general
assembly shall provide an appeal di
rectly to the snpreme court.
Sec. 16. The court of common pleas
shall sit in each county in tbia State at
least twice in every year at such stated
times and places as may be appointed
by law.
Sec. 17. It shall be the duty of the
1 justices of the supremo court to file
their decisions within 60 days from
the last day of the court at which the
coses were heard; and the duty of the
judges of the circuit courts to file
their decisions within 60 days from
the rising of the last court of the cir
cuit then being held.
Sec. 18. The court of general ses
sions shall have jurisdiction in all crim
inal coses except those cases in which
exclusive jurisdiciion shall be given to
inferior courts, and in these it shall
have appellate jurisdiction. It shall
also have concurrent jurisdiction with,
as well as appellate jurisdiction from,
the inferior courts in all cases of riot,
assault and battery, and larceny. It
shall at in each county in the State at
Delore a magistrate iu tuacumit* kucic
the defendant resides, and every
criminal action in the county where
the offence was committed. In all cases
tried by them, the right of appeal
shall be secureil under such rules and
regulations as may be provided by law;
provided, that in counties where mag
istrates have separate and exclusive
territorial jurisdiction, criminal causes
shall be tried iu the magistrate’s dis
trict where the offence was committed,
snbject to such provision for change of
venue from one magistrate's district to
another in the same county as may be
provided by the general assembly.
Sec. 24. All officersother than those
named in section 9 provided for in this
article shall receive for their services
compensation as the general assembly
may from time to time by law direct'.
Sec. 25. Each of the justices of the
supreme court aud judges of the cir
cuit court shall have the same power at
chambers to issue writs of habeas cor
pus, mandamus, quo warranto, certi
orari, prohibition aud interlocutory
writs or orders of injunction as when
in open court. The judges of the cir
cuit courts shall have such powers at
chambers as the general assembly may
provide.
Sec. 26. Judges shall not charge
juries iu respect to matters of fact, bnt
shall declare the law.
Sec. 27. There shall be elected in
each county, by the electors thereof,
one clerk for tho court of commou
pleas, who shall hold his office for the
term of four years, aud until his suc
cessor shall be elected and qualified.
He shall, by virtue of his office, be
clerk of all other courts or records
held therein, bnt the general assembly
may provide by law for the election of
a clerk, with a like term of office, for
each or any other of the courts of re
cord, and may authorize the judge ot
the probate court to perform the duties
ot clerk for his court under such reg
ulations as the general assembly may
direct. Clerks of courts shall be re
movable for such cause and in such
manner as shall be prescribed by law.
Sec. 28. I here shall bean attorney
general for the State, who shall per
form such duties as may be prescribed
by law. He shall be elected by the
qualified electors of the State for the
verm of two years and shall receive for
his services such compensation as shall
be fixed by law.
Sec. 29. There shall be one solicitor
for each circuit, who shall reside there
in, to be elected by tho qualified elec
tors of the circuit, who shall hold his
office for the term of four years, and
hall receive for bis services such com-
e isution as shall be fixed by law.
iu all eases when an attorney for the
Hate of any circuit fails to attend and
jroseente according to law, the court
shall have power to appoint an attor
ney pro tempore. In the event of the
establishment of county courts the
collect ana revise an nxe general stat
ute law of this State theu of force u
well as that which shall be passed from
time to time, and to properly index
and arrange the said statutes when so
passed. And the said commissioner
ohall reduce into a systematic code the
general statutes, including the code of
civil procedure, with all the amend
ments thereto, and shall, on the first
day of the session for the year 1901
and at the end of every subsequent
period of not more than 10 years, re
port the result of his labors to the gen
eral assembly, with such recommenda
tions and suggestions as to the abridge
ment and amendments as may be
deemed necessary or proper. Said
report, when ready to be made, shall
be printed and a copy thereof laid up
on the desk of each member of both
houses of the general assembly cn the
first day of the first session, but shall
not be taken np for consideration un
til the next session of said general as
sembly. The said code shall be de
clared by the general assembly, in aa
act passed according to the forms in
this Constitution for the enactment of
laws, to be the only general statutory
law of the State; but no alterations or
additions to any of tbe laws therein
contained shall be made except by bill
passed under tbe formr'.ities hereto
fore prescribed for the passage of laws.
Provision shall be made by law for fil
ling vacancies, regulating the terms of
office and the compensation of said
commissioner, not exceeding 8500 per
annum, and imposing such other du
ties as may be desired. And the gen
eral asiembly shall by committee in
quire into the progress of his work at
each session.
Sec. 6. In tho case of any prisoner
lawfully in the charge, cuatoday or
control of any officer, State, county or
mu«vic : pal, being seized and taken from
said officer through hia negligence, Jper-
mission or connivance, by a mob ot
other unlawful assemblage of persons,
and at their hands suffering bodily vio
lence or death, the said officer shall b*
deemed guilty of a misdemeanor, and,
upon true biU found, shall be deposed
from bis office pending his trial, and
upon conviction shall forfeit his office,
and shall, unless pardoned by *he gov
ernor, be ineligible to hold any office
of trust or profit within this State. I*
shall be the duty of the prosecuting,
attorney within whose circuit or c ° nI “J
the offense may be committed to
with institute a prosecution against
said officer, who shall be tried in such
county in the same circuit other tnaa
the one in which the offence was com
mitteu, as the attorney general ms^j
elect. The fess and mileage of all maj.
terial witnesses, both for the State MW
for tho defense, shall be paid b I
State treasurer, in such manner as majj
be provided by law: Provided, ■*“.
all eases of lynching when death ,
sues, tho county where such lynching’