City of Anderson v. Seligman

• Decision Date: 17 February 1910
• Citation: 67 S.E. 13,85 S.C. 16
• Parties: CITY OF ANDERSON v. SELIGMAN et. al.
• Court: South Carolina Supreme Court

67 S.E. 13

85 S.C. 16

CITY OF ANDERSON v. SELIGMAN et. al.

Supreme Court of South Carolina

February 17, 1910

Appeal from General Sessions Circuit Court of Anderson County; Robt. Aldrich, Judge.

Prosecution by the City of Anderson against M. Seligman and others for the violation of an ordinance against gaming. From a judgment of the circuit court sustaining exceptions on appeal by defendant from the mayor, the prosecutor appeals. Reversed.

Proctor A. Bonham, Sol., for appellant. John B. Wood, for respondent.

GARY A. J.

The defendants were tried by the mayor of the city of Anderson for violation of the ordinance against gambling, were convicted, and each sentenced to pay a fine of $25, or be confined in the guardhouse for 30 days. They appealed to the circuit court upon the following exceptions: "Because the mayor had no jurisdiction to try the case, for the reason that his jurisdiction is co-ordinate with that of magistrates, and the punishment for the offense of gambling is not within the jurisdiction of magistrates, but they are expressly required by the terms of section 506 of the Criminal Code to bind over such as are charged with gambling , to the next court of sessions for the county in which it is charged such play occurred." The exception was sustained, whereupon the prosecutor appealed to this court, assigning error in said ruling.

The practical question presented by the exceptions is whether the fact that there was a statute against gambling, in which the prescribed punishment then exceeded a fine of $100, or imprisonment for 30 days, prevented the mayor from exercising jurisdiction in the trial of persons charged with a violation of the ordinance against gambling, in which it was provided that the punishment should not exceed a fine of $100, or imprisonment for 30 days. Section 1, art. 5, of the Constitution contains this provision: "The General Assembly may establish county courts municipal courts, and such courts in any and all of the counties of this state inferior to circuit courts, as may be deemed necessary, but none of such courts shall ever be invested with jurisdiction to try cases of murder, manslaughter, rape, or attempt to rape, arson, common-law burglary, bribery or perjury." Section 21, art. 5, of the Constitution provides that "They [magistrates] shall have exclusive jurisdiction in such criminal cases, as the General Assembly may prescribe Provided, such jurisdiction shall not extend to cases where the punishment exceeds a fine of one hundred dollars, or imprisonment for thirty days." Section 1999 of the Code of Laws of 1902, is as follows: "The city councils and town councils of the cities and towns of the state shall, in addition to the powers conferred by their respective charters, have power and authority to make, ordain and establish all such...