The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1875-06-23
B. A VEXED QUESTION.

- b. ;,aih by him, unit! the same shall
ila>'c been first examined, approved and
allowed by the Board Of County Com
n!sS0ncrSo
There seems TO be much comtrariety
Of opinion amongst officials upon this
question, and tic newspapers, rs is
their wont, have not been rcmiss in let
ting their flights shine."
The confusion OF ideas grows natur-
oily out of tic adoption of new system
enunciatcd in crude and ill-digcstcd leg
islation, TO which the corrective of jul
Eaicial Interpretation is yet wanting.
The Act of the last Assembly No: 1872
undertakes to regulate theF manner of
payment of all claims against the sever
al Counties in this State; and such sub
stantialIy is the title Of the Act.
BY the first section Of this Act the
Treasurer is forbidden to pay claims of
any class or description, which are pay
able by him as such, until such shall
!.,vc been first examined, approved and
allowed by the Board Of County Com
,niSsioncrs. The second section CT the
Same Act conforming to the title of the
Ar: limits the payment by the Treasurer
20 claims against the County.
This incongruity i'll the Act has given
rise to the whole difficulty.
Does the Legislature mean all claims
payable by the County Treasurer, or Go
they mean all claims against the Coun-
ty, and arc School claims County claims:
That they DO not mean all claims pay
able by the Treasurer is obvious, for
amongst claims payable by them, are
those of the County Commissioners
themselves for services rendered, which
by law they are forbidden to audit or
Iapprovc, under the general inhibition
that no public officer is isallowcd to audit
his 0W-:i accounts. IT is true that il q
subsequent act passed at the same scs-
sion, 10 reduce all acts and parts Of acts
in relation to County Commissioners
into one, it is provided in section Is
that their accounts for services rendered
shall be audited by the County Auditor;
but this does not help the Act first above
referred to. It only shows that the first
Act does not mean what ii says in the
first section.
I The next question is, arc school claims
claims against the County?
This is hardly wolthy of serious ar
;!unirnt. The whole school system is
an independent establishment, rather
cumbersome it is true, but having no
connection with the County government,
which is con.idcd to the Board Of Coun-
ty Commissioners. Whe County Treas
urer, it may be said. disburscs the school
funds, but in like manner for q consid-
Grafton and for purposes Of convenience,
he might pay or when il funds, claims
against the incorporated towns in his
! County.
The Board OF School Trustees in each
School District are declared to be Il body
contract and be contracted with, to hold
property, to sue and be sued &c., and
failing to perform their part of con-
tract or to approve and direct through
the School Commissioners the payment
of 4 just claim By the County Treasurer,
to one who had rendered service as
i Il 4 l;n1, to, ,r-
mcMt, and we doubt if the 37th section
of the act last referred to would enable
them to escape the payment Of such
debt.
It is manifest that the provisions of
the set first referred to arc inconsistent
the one with tic other. IT is equally
manifest from The most casua! compari-
son of the provisions Of the two acts
referred to that they cannot both be
law, and as appears from The respective
dates OF their ratification The latter
named is Subsequent to the former and
the 3Sth section Of the County Commits
sioncrs act repeating all parts Of other
acts inconsistent with it, we conclude
Chat The first section Of the act regula-
ting the manner of pavn1ent of claims,
being inconsistent with the latter act
cannot stond-ond that tho County
Commissioners have nothing to do with
orditin~ School GLAZING
| ARGUMENTS nh iocoor;rut from IN.
co,vcnicncc, orc NOT greatly fayourcd
! IN thc law. but il would be easy to show
,hai y strict Observance OF the rul,
which has been adopted, will worl;
great hardships. The DIST section o
! the County Commissioners act requires
an itamizcd account OF the claims &C.