The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-12

s:AsVnlo aspect O1Sthe case mas been
very fully presented (by pr. Haskell;)
but 90 1t is so important, We shall enter
upon It again.
j To underssand how this constitutional
argument applies, IL will be necessary TO
discuss. - 9 preliminary. some OF the
principles OF the State Constitution OF
1868.
One OF the chief of these is that the
Legislature is body possessed Of limit
ed powers, we'll marked out by the Oon-
stitution itself. It is not British Par
lament. nor is it q Legislature sitting
under the Constitution Of 1870.
We refer to Art. I. Section Al, Of the
State Constitution. These are the
words: "The enumeration of rights in
this Constitution shall not be construed
to impair or deny others retained by the
people. and all powers not herein dele.
gated remain with the people,"
Whatever may be the construction of
the word delegated" US general re-
striction upon legislative powers, we
know that the Legislature under tho
Constitution of 1868 is most particularly
limited and circumsoribed in it's power
to oontraot debt. levy taxes, or bind the
State. Its power here runs within
narrow limits. It can no more go
beyond those powers az marked out tn
it than q court can go beyond its juris.
diotion.
Now, what are these powers? How
have they been limited? beyond which
Limitations the Legislature may not go2
What powers of taxation? What powers
to contract debt2 Whit powers to
issue evidences of debt? I refer gene.
rally to Art. TX OF the State Constitu.
ton.
In discussing these questions. the
Court will fnd these powers narrowly
defined. They are first divided by tue
Constitution into two general classes:
l. The power to provide for ordinary
ton. Secs. 3 and 4.
nary expenses: Art. TX of the same
Constitution, Sec. 7.
These embrace every thing that could
be necessary rs a mere grant of power.
All expenditures must be either ordinary
or extraordinary. But underlying these
ore two other classes of power necessary
to carry out the first two:
| l. The power to levy taxes for ordi-
nary expenses and such deficits rs may
occur.
2. The power to borrow money to de-
fray extraordinary expenses.
These exhaust all of the powers. pri.
mary and secondary. under the 9th Art.
OF the Constitution OF the State.
But how shall these powers be ex-
ercised? The Constitution does not
seem to have contemplated any great
danger from taxation as such. The vote
OF the constituency was supposed to
furnish sufficient check upon tho LIE.
glslnture. Taxation is, therefore, limited
in two respects only: /. There shall be
an estimate Of the expenses. and the tax
should be levied only to meet such ex.
penaes. 2. The tax shall be laid for q
single object; that object shall be ex
pressed in the Act, and the tax shall be
applied to the object named.
But when the Constitution is dealing
with the power to borrow money, then
it puts Limitation upon limitation. Great
danger was npprehended here, and with
reason.
l. It is directed that the cause of the
extraordinary expenditure shall be
pointed out
Q. That tho ACT to become law shall
be passed by two-thirds vote.
8. That q tax should be ut once levied to
keep down the interest.
All this appears In 7th Section OF the
9th Article of the Constitution.
Tie next thing looked to Ivy tho Con.
stitution was to the shape which the
debt 80 contracted should assume. This
IL pointed out in 18th Section of the
same article. It shall be by bonds, and
bonds only; not by stock, not by scrip,
but by bonds; aud these bonds shall
not be under certain sum named, and
shall not run longer thun twenty years
Each bond shall be- numbered and
registered, and the name Of The part,
To whom tho bond is made payable shall
be recorded. Vide 14th Sec, 9th Art.
Con. 8. C) The Constitution Of 1868
intends that the bonds of the State shall
not bs hawked about in the stock mar.
ket.
Tho next thing the Constitution looke
to is, how the debt thus created and rep
resented by bonds shall be redeemed
This is pointed out in the 10th Section
Of the same article, whore two things are
provided for:
]. The old debts Of tho State, due be-
fore the adoption Of the Constitution o
1868. 2. The debts expressly authorized
III TINT Constitution, then under consi.