Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-02-19
Ss1istellaneu,1s &eadiug.
THE GOVERNORS MESSAGE.
THE STATE OF SOUTH CAROLINA,
EXECUTIVE CHAMBER,

THE GOVERNORS MESSAGE.
THE STATE OF SOUTH CAROLINA, }
EXECUTIVE CHAMBER
COLUMBIA, February 10, 1880. }
Gentlemen Of the General Assembly: Short.
ly after the adjournment Of the General As
sembly on the Oath of December, last, it was
discovered that the Act entitled can Act to
raise supplies and make appropriations for
the fiscal year commencing 1st November,
1S79," as ratified, approved, and with the
Great Seal of the State attached, differed in
several important particulars from the bill
which had actually passed the General As
sembly, and which had been ordered to be
enrolled and ratified as the Act to raise sup
plies for said fiscal year. ,s.- ..,,....,.
In the first section of the Act which pass.
ed the General Assembly, levy of four and
one.half mills had been directed for State
purposes In the enrolled Act the words
"four and one-half' have been stricken out
and the words flour and three-fourths'' had
been inserted, and in the second section a
levy of three thousand dollars for the benefit
of the Fourth Brigade in Charleston, had
been inserted after the passage of the bill.
These errors occurred, no doubt, by mistake
in the engrossing, and, not being discovered
at the time, the title Of the bill was changed
to that of an Act, and it was ratified with
these mistakes incorporated.
Upon this discovery being made, grave
doubts were raised and expressed in many
quarters as to the validity Of this Act, calcu-
lated to embarrass the collection of the taxes
and impede the regular operations Of the
fiscal department. On this account, after
consultation between the comptroller general,
the attorney general and myself, it was con.
cIuded that the best interest of the State de-
manded that the validity of the Act should
be tested in the courts before any effort was
made by the comptroller to enforce its pro.
visions. In accordance with this conclusion,
and for the purpose of having this question
settled at an early moment by judicial au'
thority, proceedings were instituted on the 18th
day Of January, 1880, in the Supreme Court,
by the attorney general against the comptrol'
ler, by mandamus, to compel the comptrol.
ler to carry the Act into effect, the comp
troller having declined to do so, and hav.
ing notified me of that fact. This form
of proceeding was adopted so as to raise the
precise question desired to be settled, to wit,
the validity of the Act, and it was carried be.
fore the Supreme Court, then in session,
so that the judgment, whatever it might be,
should be final and conclusive.
The cases was promptly heard by the Su-
preme Court, and after full argument, 8 ma.
iority of the Court-Associate Justice Nc.
Gowan distinguishing reached the con-
clusion ''that the error in the first section
was fatal to the validity of that section" and
"having unanimously determined that so
much Of the second section as made provision
for the Charleston military organization was
without force of law" refused the motion for
mandamus. Under these circumstances the
tax department found itself powerless to raise
the necessary supplies for State purposes for
the present fiscal year without further legis.
lation. Such being the fact, ian extraordi-
nary OCCASION" and one demanding the as
sembling of the legislative department as
the only power competent to meet the emer'
gency, in my opinion, was present; and be.
lieving this, by virtue of authority vested in
me by Section 16, Article III, of the Consti.
tuition, l issued my proclamation, convening
the General Assembly at II M, to day.
Under this proclamation, gentlemen, you
have assembled.
And now permit me to invite your earnest
attention to the matter herein suggested, and
to recommend the adoption on your part OF
such measures as, in your wisdom, may be
necessary in the premises.
I do not know that you will 60 beyond the
matter above suggested, and which has ne
cessitated the call for the extra session. This
is for you to determine. There is certainly
nothing in the Constitution, at least in ex-
press terms, to prevent; and 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 preconceived opinions or outside in
huences, if there be any. In any event you
will necessarily be in session for a period OF
FIVE days in perfecting and passing the Act
to raise supplies, because under the provisions
of the Constitution regulating the forms OF
legislation, no Act can be passed in a shorter
time than FIVE days. The supply bill, how
ever, will not engage all of your attention
during this period, and, such being the fact,
there can be no reason why other matters OF
Importance in no way interfering with the
prompt passage of said bill, should not be
considered at this time. And there is one
subject especially which it seems to me should
demand attention-a subject which, in some
points of view, in my Judgment, rises even
higher in Importance than the supply bill it.
self. allude to a proper registration law.
Section 8, Article VIII, of the Constitution
requires that the Legislature shall from time
to time provide for the registration Of cleo
tors" Heretofore this duty, no doubt for
good and sufficient reasons, has been prefer
mitted by the General Assembly. 1t appears
to me, however, that if this provision of the
Constitution is not to be ignored altogether,
no more favorable opportunity can ever be
presented for complying with its terms by a
calm and deliberate preparation Of suitable
laws on this subject than now. The general
election is near at hand, and, in addition to
this, a government like ours, resting as it
does upon the great doctrine of the right OF
selfgovernment, the exercise of the elective
franchise, while being one of the highest in.
dividual privileges which a citizen can enjoy,
is, at the same time, one Of the most important
duties with reference to others which he can
perform, and there can be no doubt that it
should be sacredly guarded and protected by
all necessary legislation furnishing every ia
cility for its uninterrupted exercise and free
ing it from every influence but such as may
be wholesome and wise. In view, then, OF
these considerations, While not recommending
that you should embark in the field of gener-
al legislation at this session, yet would re-
spectfully suggest that in addition to the
Supply bill, you take up the subject of regis