The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-01-29
EXTRA SESSION.

The Supreme Court rendered its decis-
ion on last Monday in the case of "The
State of South Carolina cx ret the Attor-
ney General Us. johnson Hagood, Comp
troller General, mandamus TO compel him
to levy tax under the Supply Bill OF
the last session of the Legislature. A
majority Of the Court held that the error
of of mill in the first Section of the
Ac. invalidated the whole Section, and
the Court unanimously concluded that SO
much of the second Section as makes
provision for the Charleston military or.
ganization is without the sanction of law.
The Court refused the nandamus. This
makes an extra session OF the Legislature
necessary, which, it is understood, will
be called for the 10th day of February.
Below VIC publish the judgment of tie
Court 'th the points of dissent by Judge
MCGOWAN:
The State of South Carolina &C rel. the
Attorney General vs johnson Hagood,
Comptroller General.
This was an application for niamda.
mas to compel the Comptroller General
TO notify each County Auditor in the
81 % of the rate percentum Of the tax
a..norized by law to be levied for various
State purposes and to prepare and trans.
NIT 70 each County Auditor the neces-
sary forms and instructions to carry into
effect the provisions of the Act to raise
supplies, &c, approved Oath December,
1879. The return of the Comptroller
General, which Is not traversed, and
which must, there re, be taken to be
true, raises two leg.l questions LIST, as
to the validity of the first Section of the
Act fixing the amount to be levied for
general State purposes, and, Cd, as to the
validity of the provision in the second
Section for the military organizations in
the County Of Charleston.
A majority of tho court having reached
the conclusion that the error in the first
Section Is fatal to the validity of that
Section, and the Court having unani-
mously reached the conclusion that so
much of the second Section as makes
provision for the Charleston military or.
Banizations il without the force OF law, it
Is ordered that the motion for mandamus
be refused.
A. j. WILLARD, @. J.
Tho points of Judge McGowan's dis
sent we're 40 follows:
If the proviaions for the 4} mills State
levy and the provisions for the levy of
$4,000 for the Charleston military are
declared null, will the remainder of the
act be law ? or will the whole of the Sec
ton containing those provisions be de.
stroyed? The intention of the Legisla-
ture was to levy tax of AZ mills and to
make no levy for the Charleston militia
ry. The act as 1t passed the House will
express the intention Of the Legislature.
An limb may bo nmputated without
destroying the whole body. One.quarter
of mill ia the 4a mills Is bad. IF that
quarter of mill had been added by q
separate enactment it could be stricken
out and leave the remainder valid. But
the addition was not made by separate
sentence, but by sinply changing the
arithmetical expression "fonr cn1-a-
half to flour neutrality-suspicious." l
do not understand that four and-three-
quarters is an indivisible unity, but is
only different manner of expressing
the aggregate of four and q. half and one
quarter. which were once distinct and
separate, and by being added together
make adifferent form Of sentence. can
see no insuperable difficulty in declar-
ing. four and-a.he!f mills law and the re-
naming one.fourth of mill invalid.
am of opinion that the mandamus should
be issued.