The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-02-14
Attached coupons. l6,1l0
Detached coupons. 90O
$141,610

CaIu
Attached coupons..... 1850
Detached coupons...". 1920
1897, ,7sO- S97, 7,7sO
s5Ss,Sso
Whilst there can be no question of the
authority of the General Assembly to
create public debts, or to enact all laws
not inconsistent with the Federal and
State constitutions, it is equally clear to
the minds of the commission, that when
an ordinance of the State constitution
prescribes, limits or defines the conditions
under which legislative authority may be
exercised, the Legislature cannot pro-
ceed in any other manner than that pre-
scribed, limited or defined by the ordi-
nance.
On March I, 1868, the people of South
Carolina in convention met, did ordain
as follows:
SECTION l. That it shall be the duty
of the General Assembly to provide for
the establishment of a board to be known
and designated as Commissioners of Pub
lie Lands"
"SEc. 2. The Commissioners of Public
Lands shall have authority under regula-
tions prescribed by law, to purchase at
public sale or otherwise, improved and
unimproved real estate within this State,
&c.: Provided, That the aggregate amount
of purchases made in any fiscal year shall
not exceed the par value of the;public
stock of this State, created and appropri-
ated by the General Assembly for the
purpose contemplated in the 4th section
of this ordinance for such fiscal year :
And provided, also, That the rate at which
any purchase shall be made shall not e1-
ceed seventy-fve per cent. of the value
of the land so purchased, including the
in the manner prescribed
by law"
SEC. 3. The General Assembly shall
have authority to issue to said commis-
sioners, public stock of this State to such
amount as it may deem expedient. which
stock, or the proceeds thereof, the COM
missioners shall have authority to apply
in payment of all purchases made in &C!
cordance with the second section of this
ordinance; provided that such public
stock shall not be negotiated at a rate
less. than the par value thereof.
Sec. 4. The commissioners shall have
authority under regulations established
by the General Assembly to cause lands
purchased !"to be surveyed and laid of
into suitable tracts to be sold to actual
settlers" subject to the condition that
one-half thereof shall be placed in culti-
yation within three years, &c.
Sec. 5. All lands purchased by said
commissioners, or the proceeds of the
sales thereof, shall be and remain pledged
for the redemption of the public stock
issued under section of this ordinance,
but the General Assembly shall have
authority subject to such lien and pledge,
To make upon the faith and credit of the
State fund, further issues of public stock,
but the stock issued as last aforesaid and
Che proceeds thereof, shall be used exclu-
sively for the redemption of the debt Of
the State outstanding at the date of such
issues and which shall not be funded.
Whilst this ordinance was in full force,
10 wit: On the 9th March, 1869, the
General Assembly passed an act entitled
"An act to provide for the appointment
of Land Commissioner and to define
his powers and duties"
This act created an Advisory Board,
consisting of the Governor, Comptroller
General, State Treasurer, Secretary of
State and Attorney General, who were
authorized and required to appoint a
suitable person to be known as the Land
Commissioner of the State of South Car
olina, and said commissioner shall in all
the duties imposed upon him by the pro-
visions of this act, be governed by their
instructions and advice"
Under the 5th section of this act the
Treasurer of the State was authorized
and directed to issue, to the Land Com
missioner, bonds of this State, in the sum
Of $4,000 with the coupons attached, if
in the opinion of the Advisory Board, so
much be necessary" Under this author
i.y and direction the Treasurer issued
100000 of bonds.
On March l, 1870, the General Assem-
bly, passed an act amending the act last
referred to "and for other purposes" in
which the Treasurer of the State was
authorized and directed to issue to the
Land Commissioner, bonds of the State
in the sum of $5O0,O00, with coupons
attached, if in the opinion of the Advis-
ory Board so much be necessary, which
bonds shall be negotiated in such form
and manner as the Advisory Board by a
majority of votes shall determine. Under
this act the Treasurer issued bonds to the
amount of 100000. -. fr" ai'N
Whist under the terms of these two
acts of the General Assembly, "the Treas
urer of the State is authorized and direct
ed to issue to the Land Commissioner, u
the bonds provided for under said acts
the fact has been established, that for
reasons best. known to the Advisory and
Financial Boards and the Financial Agent,
the bonds never went into the possession
of the Land Commissioner, as directed in
said acts, but were unlawfully delivered
by the Treasurer to the Financial Agent
by whom they were sold or hypothecated
at much less than their par value, contra
ry to the manifest purpose of the ordi-
nance, and in utter disregard of the terms
of the acts aforesaid. (Reports and reso.
lutions, 1876, testimony of r. x. Scott,
page I'LL, D. II. Chamberlain, page
1917; G. P. Leslie, page 1929
1t is not unreasonable to conclude that
the trainers of the ordinance expressed
themselves in careful terms, correspond
ing with the importance of the authority
tp be exercised by the Legislature, and
in order to protect the public interests by
leaving so little implication. The pro-
viso "that such public stock shall not be
negotiated at a rate less than the par
value thereof" is the standard by which
the ordinance intended the Legislature To
measure the exercise of its authority, SC
that the purposes of the ordinance, as to
its essential provisions, might not be
frustrated or disappointed.
"When the means for the exercise OF
granted power is given, no other or diff
ferent means can be implied as being
more effective or convenient The rule
applies to the exercise of power by al
departments and all officers. What the
Ia NJ roo,-irea IN ha done for the nrntectior