The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-12-10
VOLUME X.---NO. %.

from those who have rendered these bills, has been
enjoined both by the State courts and the District
Court of the United States. 1t is certain that q
much larger amount of the bills will be rendered
In payment of the present levy of taxes and if the
collection Of taxes is again enoined oy the cours
it plain that great embarrassment will result to
the State. cannot resist the conviction that it s
impossible for the State finally to avoid the rc.
demption of these bills. When that time shall
come the bills will fall, like an avalanche, on the
treasury, and, being without value after redemp-
tion they will practically stop the ordinary sup
plies of the State.
I am therefore forced to recommend that the
attention of the General Assembly be directed to
the development of some plan by which these obli-
cations my be met without disaster to the State.
Towards this end I am, at present. able to make
but one suggestion, if the State should offer to re-
ceive these bills for all taxes now past DUE and for
certain fraction of all future taxes am confident
an arrangement might be effected by which the re-
demption Of the bills might be distributed over a
term ofyears, instead of beirg permitted to embar-
rass the State by their compulsory reception in one
body. A similar plan was adopted in the State of
Tennessee under like circumstances, in 1858. I
most earnestly advise that the matter be taken in
hand by the General Assembly without delay.
I call the attention 0. the General Assembly to
the provisions of Sections l, 81, o. % and "a of
Article ~ ofthe State Constitution. These sec
tions provide for the election by the people of the
several counties, of justices of the peace and
stables These provisions of the constitution re-
main wholly dormant and nugatory. In the place
of the system thus established by the constituton
we have Class of officers called trial justices who
exercise Jurisdiction similar to that given by the
Constitution of the State to justices of the peace
and who are further authorized to appoint corista-
bles. The election by the people ofjustices Of the
peace and constables is, without question, con-
stitutional right of the people, and unless the
present system can be made more useful and satis-
factory the enforcement of the constitutional pro-
visions referred to will, / am sure, be demanded
by the people. The General Assembly is respon-
sbe at all times for the failure to enforce the con-
stitutional system. 1
Of the practical results of the trial Justice system
as heretofore administered hear but one opinion,
namely, that it is costly, inefficient and oppressive.
The whole number of trial justices allowed by law
IL three hundred and forty-seven. Even this num-
Der has, am informed, been exceeded by some
process in actual practice. I am convinced that
the number should be reduced Immediately by at
least one-third. The incumbents of these Offices
are to great extent deficient in the qualities
which make useful magistrate. leave the
question of the enforcement Of the constitutional
system with the General Assembly, without ven.
turing an opinion Of my own, but shall deem it
my duty, while the present system remains, to use
the power of appointment now conferred on the
Governor in such way as to give 10 the people
trial justices who will know the law and will use
their power to preserve and protect the interest of
all. This duty will be onerous and difficult, but
l shall endeavor to discharge it without fear or
favor.
The law in respect to the board of State canvas.
sers requires amendment in some particulars in
order to secure its useful and efficient working.
tot fho ofo
ton was held on the third Wednesday in October.
The law required the board of county canvassers
to meet the Tuesday next following the election,
and to make and transmit their returns to the
board of State canvassers within ten DAYS from the
time of their first meeting The secretary Of State
was then required TO convene the board of State
canyassers on or before the tenth day of November
next after the general election. By an amendment
to the constitution the general elections now take
place Oh the first Tuesday following the first Mon
day of November, and the times for the meeting
of the county and State boards of canvassers should
now be changed so as to be in harmony with the
change in the time of the general elections AS
the law now stands the two boards were required
to meet on the same day in the present year.
Again. the board of State canvassers was original
ly intended to be composed of seven members,
State auditor State treasurer, adjutant and inspec
tor general and the chairman of the committee on
privileges and elections of the House of Represen-
tatives. The Office of State auditor has since been
abolished and inasmuch as by the Constitution the
terms of Office of the Senators and Representatives
chosen at general election begin on the Monday
following such election, there is person holding
the position of chairman of the committee ON priv
ileges and elections of the House of Representa-
tves at the time of the meeting Of the board of State
canvassers. The board is thus reduced to five
members. I simply wish to call attention to this
result in order that the General Assembly MAY
consider whether any change shall be made in the
present constitution Of the board also call atten-
tion to the omission of any specific provisions Of
law for the action of the board of State canvasses
in cases ofspecial elections. The power heretofore
exercised in such rests wholly implication.
also call attention to the present uncertainty of
the law in respect to the nature ofthc powers con-
ferred on the board of State canvassers, and the
want of any provisions for enabling the board to
hear and determine cases of contested elections 1t
is held by many persons that the powers of the
board are wholly ministerial. If this be so the
requirement that the board shall "decide all
under protest or contest that may arise when the
power to do does not, by the Constitution reside
in some other body" seems to be of little force
value. In addition to this grave question ofpower,
the law provides no mode in which the board may
obtain testimony so to enable it to decide cases
of contested elections upon proper evidence and
with fairness to both parties The several matters
now pointed out sholud receive the attention of the
General Assembly.
The Constitution of the State, in Section 8, Ar
tile VIII, declares that ut shall be the duty of the
General Assembly to provide, from tine to time
for the registration of all electors" No registra-
tion of electors has been madeor provided for since
the adoption of the constitution. ! recommend
that this requirement of the constitution be no
longer disrcgarded. The obvious justice OF a reg
istraton of electors, aside from the positive man
date of the constitution, renders any argument in
its faver needless
Recent events have called public attention to
the power claimed and exercised by the Governor,
not only of appointing but of summarily removing
the commissioners of election. The law requires
the Governor to appoint the commissioners Of
election at least sixty days prior to the election.
1t is difficult to believe that it was intended to
render this provision nugatory, by allowing the
Governor to remove them at will any time before
Il. to Cana