The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1879-10-08

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spection OF the Journal Of the House Of Rep
resentatives, that there Is
NO FOUNDATION I n FACT
for the objection. It is quite true that on
page 425 OF House Journal ior toe SESSIONS Sa
third reading OF the original Bill Was taken
by yeas and nays on the Journal, butiti Is very
obvious that this was not the vote upon tns
Bill as II finally passed, for an a annslp'on 0n, 90
52l.526, will show that the BIZ wniGn caIi.S
from the Honse was entirely remoaeiea, ane
the House Journal, pages eSHoSas snHws smas
ed by a two-thlrds vote-yeas so, nays land
that such vote was recorded by yeas AND nays
on the Journal OF the house. This we resafo
ions OF the Constitution, more so,in fact,
than It the Journal simply showed tne Pas,
sage OF the Bill as 1t originally went romLtne
House by O two-thirds vote and did not shUW
such q vote upon the final passage Of t de a she
vote Oh the Bill as it vert rom the Ao9so>
would not show the assent OF TN tne n IeIaissiass
which eventually became the law, WINE tne
vote upon the Bill after 1t was amended IN tne
Senate did show such assent, and Inns Us tne
1t seems to have been the practice OF the
House or Representatives at the time these
Acts were passed, contrary to what had peen
ting In the House three times before they
were sent 10 the Senate, whereas under the
former practice after q Bill had received Two
readings In the House 1t was sent 70 the SEN
ate for its consideration, and, II amended !
that body, such amendments could De cousio-
cred when the bill came back TO The house
for its third reading. But under the other
practice, where a bill has been so materially
| nIfarpd IN tho Sonata QQ the one nnder SOnSlQs
Grafton seems to have been, IT would practl-
cally defeat the very object Of the constitu.
tional provision now under considesaLion 70
hold that a two-thirds vote on the Bill as u
went from the House after It's third reaolng
there would satisfy the requirements OF such
provisions. For 1t might frequently happen,
Act we are discussing, that It's features might
be very materially chnngedth the senate nno
totally new provisions Inserted; which might
be passed by a mere majority OF . anesum ,h n
Act would not In fact Have what THIS provisI
ion of the Constitution was intended to secure
u tho ss esssnt Sl sTSi5h!f g s IF t aHse v SranSaG pr 9.
visions OF the Act SO that when the Journals
show, as they do In reference TO the Act un-
der consideration, tqat the Bill, as amended
OF both brailches OF the General Assembly, We
think the constitutional requirement was
FULLY coMYLIED WITH.
As to the"Act to provide for the conversion
OF state securities approved 23d March, 1855;
IA Stat, al, 1t not being an Act 70 author
lie the borrowing OF money or the contract
for a change in the form OF that then exfstngj
the question OF the validity Of the bonds IS.
sued under 1t must be determiued by an IN:
In authorized to be converted. 80 that any,
bond issued under this Act which was not is
sued In exchange for some then existing val;
d debt OF OF the s.s s1sse' l IN Inc lpr nnS % a ssGSo 3 y
of. law" and Is, therefore, absolutely void
even in the hands Of o bona fde holder.
The "Act to authorize
THE FINANtIAL AGENT
of the State of South Carolina to pledge State.
b0passe as e sanreyed s ssaa! Msrsh ans issa s0 a. G slst:
25S,J will next be conSidered, It is not pre-
tended that the object OF this Act was TO an.
t the IL ANN ins a assns OF an Se Gsnf iss = lis sse SOLE sSe' pnr.
pose seems to have been TO authorize Inc Fl
~nancIal Agent to dispose OF the bonds inc Is;
sue OF which had been previously or should
This Act therefore, did not come within the
provisions Of Section 6, Articles 8, OF the Con-
stttution, and the fact that 1t was not passed
by q twoithirds vote cannot a~ffectits yslidityI
scribes that ANY debt contracted BY the State
shall be by loan on State bonds" but now
such loans are to be effected is left to the dis
? cretion Of the General Assembly. Whether
they shall be n sale OF the bonds, dhe most
, questionable mode, II the words above quoted
lbe giveni In a rigid literal interpretation2 by
direct borrowing as In case OF one indlyidnsf
borrowing from his neighbor q thousand dol,
lars and giving his bond directly TO, the lend
\ err for the amount, % m5de so inconFenient In,
case of o State as to be almost impracticableI
: or by q deposit Of the bonds as collateral se.
curity for such sums as may from. ! t0
, time bs advanced to the state as Its necessities
! REQUIRE, are all matters which are left for the
: General Assembly 70 determine. We do not
see. therefore, how the Act now under cons,9'
Grafton can be regarded as In conflict with
any provision Of the Constitution.
The last objection which Is urged against all
!. the bonds Issued under the several Acts which
not registered in cbnfority to tho provisions
r of Section Ia Of Article o or the Constitution.
|, The language or that section is as follows:
!, Amy debt created oy Inc Srase M saa isss oe th ny
5 twenty years after the final passage cf the
law authorizing such debt.
A CORRECT REGISTRY
!, of all such bonds siiall lie kept by the Treasur:
er, in numerical order, so as always 70 exhio-
it the number and amount Unpaid. and to
!. whom s~everally payable" 1t is very manl-
fest that this provision in regard to the regis
r try OF the bonds Is mere dtrecton 20 tne
Treasurer, and was not des1gned to be . con-
/ dition precedent, the perlortdancc pt when
should be necessary to the yalidity OF the
i bonds: 1t does not provide that teIors cry
bOnu u aSSSueG IL Suali uc reTiSSefcu W sh0
Treasurer. but 1t Is clear that the Fcgistrati3u
$ Is to follow. not precedei the Issue OF lhe
{ bonds, and could not, therefore, affect their
r. validity. No other construction Is consistent
. with the language used, for It Will be observ..
4 ed that the treasurer Is not only required TO
keep such a registry. but be Is to Keep lt"so
as otLcdys to ethibff the number ara dH0nn1 mn
Ddtu." Now Us the mode or Keeping the reg,
istry must be regarded as quite as tmperatlye
as the directieti 10 keep 1t. 1t must be mani
fest tErt 1t never waa designed shat THIS pro,
vision OF the Constitution shatfid be regarded
as essential to the validity of she bonds, iorln
q order to keep such registry 80 as d'trGys 70
You'd Of course, be necessary for the treasur-
err to Inaise alterations In the registry, nom
:. time to time, IS one or rhOae OF the. bonds
we're paid: and surely 1t wCuld not be pre-
y tended tbat the failure of that officer to keep
!, the rhp ;stry Ia such mode,
5 .irsn.r,oys
- g. hsnaua neces.
IS sary, would ntaII5ate hohas which other
. wise would la2e seen goo L: ile Son san
ton was neyeEsqsssgls 70 anor1 ~ nc honds
. Of settings YAH pfs lle nolaers Oh ~ dauonds
e cnt upon the14 rformhnc or nGn performances
II of duty byn1ns Of the officers OF the State ailer
the bondSfud been issued.
q Our conclusions, therefore, are
d LIST: That sIlthe bonds Issued under an Act.
entitled N Act to reduce the volume OF tne
the same1 are valid obligations Of the State
of South Carolina, except as follows : LIST,
r Such as we're issued in exchange for bonds is
C sued under the Act entitled "A1 Act to au-
thocize a loan ior inc re,iSb " 10y SJ s2:h,