Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-02-19

oy|ERN 3 MESSAGE.
Read before both Branches of
the General Assembly To-day.
s'ps rAyh or sourn OARoL,sA,
ExEo,rTIvE CHAMBER,
JoLusiBiA, 8. o., February 10, 1880.
Il sssatlemes Of the General assembly:
Shortly after the adjournment Of the
Iaa sral Assembly on the Oath Of Decent Der
last, IL was discovered that tho Act entitled
4. .stAn Act to raise supplies aud make appru-
I for the fiscal year commencing LIST Eoyem-
ss5ssSSs 1879" ias ratified, approved aud with
Che gr6atNeal Of tho State attached, differed
n3soyerag important particulars from the
Which had actually passed the General
yxssemblN aud which had been ordered to
sbacnrolled and ratified as tho Act to raise
supplies for Tho said fiscal year.
,ss al the fist Section Of the Act which
4 passed the General Assembly loyy Of four
& and one. half mills had been directed for
State purposes. 10 tho enrolled Act, tho
!, words afour and onehalf" bad been stricken
out and tho words s'four aud three fourths"
Shad been inserted, and 10 the second Section
levy of three thousand dollars for tho bene-
sfit of Fourth Brigade in Charleston had
been inserted after the passage of tho Bill.
9hese errors occurred, no doubt, by mistake
I In the engrossiug, aud, not being discovered
sat the time, tho title Of the Bill was
changed to that Of an Act, and it was rati-
fled with these mistakes incorporated.
Upon this discovery being made, grave
doubts were raised and expressed in many
i quarters as to the validity of this ACT, CAL
8culated to ombarras, the collection of tho
|, taxes and impede the regular operations of
the fiscal department. On this account
i after consultation between the Comptroller
sGeneral, the Attorney General and myself,
twas concluded that the best interests Of the
State demanded that the validity of tho Act
should be tested in the Courts before any
effort was made by the Comptroller to en-
forco its provisions. In accordance with
this conclusion, and for the purpose of
having this question settled at an early mo-
fment by judicial authority, proceedings were
instituted on tho 18th day of January,
1880, in the Supreme Court by tho Attor-
I ney. General against the Comptroller by
s,aandamus, the Comptroller, to carry the
Aotint effect, the Comptroller having de-
clined to do so and having notified me of
y that fact. This form of proceeding was
adopted 50 as to raise the precise question
desired to be settled, to wit, the validity IF
{ the Act, and it was carried before tho
Supreme Court, then iu session, SO that tho
Judgment, whatever it might be, should bo
final and conclusive.
The case was promptly heard by the
Supreme Court, aud, after full argument,
majority Of the Court Justice
MoGowan dissenting having reached the
conclusion "that the error in the first SEQ
tion was fatal to the validity of that Section"
and shaving unanimously determined that
so much of the second Section as mado
provision for the Charleston military organ
ization was without force of law" refused
the motion for naanaamus.. Under these
circumstances the tax department found
itself powerless to raise the necessary sup
plies for State purposes for tho present fiscal
year without further legislation.
Such being the fact, can extraordinary
ocoasion," and ono demanding the assem-.
bling Of tho Legislative department. as tho
only power competent to meet the cmer
~genSy, in my opinion, was present; and,
believing this, by virtue Of authority vested
in me by Section 16, Article III, of the
constitution, issued my proclamation con
vening the General Assembly at IL Nj.
to day.
Under this proclamation, gentlemen, you
have assembled.
Aud now permit me to invite your ear.
nest attention to the matters herein sugges.
ted, and to recommend the adoption on your
part of such measures as in your wisdom
may be necessary in tho premises.
a,>-I do not know that you will 60 beyond
the matter above suggested, and which has
neoessitated the call for tho extra session.
This is for you to determine. There is
certainly nothing in the constitution, at
ieast in express terms, to prevent, and l
suppose that, having assembled, you will
calmly deliberate upon the necessities of
the situation and will adopt such course
upon this subject as in your judgment may
). be. wise and proper without regard to pre-
conceived opinions or outside influences, if
there bo any. In any event you will nco-
essari'y be 10 session for tho period Of five
days in pcrfectng and Passing tho ACT to
raise supplies, because under tho provisions
Of tho constitution regulating the forms of
legislation no ACT eau be passed in shorter
time than five days. The supply Bill,
however, will noteugage all of your attention
during this period, and, such being the fact,
there can bo no reason why other matters
4 Of Importance, 10 no way Interfering with
:. the prompt passage Of said Bill, should not
be considered at this time.
f And there is Que subject especially which