The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1880-01-16
The Extra Session Question.
COLUMBIA, january II, 1880.


Governor W. ID. Simpson:
Srn-You arc aware that the validity in part
Of tho Supply Act of the General Assembly re-
Gently in session is the subjec of much public |
discussion.
AS the executive officer chiefly charged with |
carrying cut the law, it appears to me that my
connection with the matter is solely ministerial, I
and that my duty in tho absence of legislative |
or judicial action is to execute the law as find
it in the Statute Book.
Before notifying the tax officers to proceed l
beg to ask if you contemplate convening the
General Assembly in extra session for such ac-
ton rs it may deem proper in the premises, and
in the event that you do not, recognizing the
gravity of the duty imposed upon me, l would
be glad TO receive any suggestion you may think
proper TO make.
Your obedicnt servant,
JOHNSON HAGooD,
Comptroller General.
COLUMBIA, January II, 1880.
Comptroller Gencrel johnson Udyood;
DEAR SIR-In regard to your note of this
morning asking if had determined to convene
the General Assembly in extra aession on ac-
count of the alleged invalidity of the recent
Supply Act, which fact you desire TO know so as
to guide your own course in your instructions to
the county tax officers, have this to say: While
having very decided opinion rs TO the validity
of the act in question, yet am aware that this
opinion being the opinion of an executive officer
would not be authoritative or final, nor would
it control the Legislature even if | were TO con-
HI' lid. ." Inc suoOoS'''0n 'h'' the Ae' Is '"V"-
Such being the fact think it would be uu-
wise TO take any step in that direction before
| the Act had been passed. upon by judicial au-
thority and pronounced invalid, either in whole
or in such substantial particulars rs to render
some further legislation Immediately necessary.
This not having been done have determined
not to convene the General Assembly under the
| present state of facts surrounding the Act and
in advance of judicial determination as above
| suggested.
| In view, however, of the gravity or ;he mat
ter, the great probability that the question, il
| not made now will be made during the collection
| of the taxes, thereby impeding such collection,
| and also the great importance of converting the
General Assembly at an carly day, if it is to be
| convened at all on this subject. l have no hesi-
tation in saying that the question ought to be
, raised at once, and the Ac: passed upon judi
| cially at the earliest moment.
If pronounced by the Court valid then you
| would have no difficulty in your way; if iuva-
lid, then the "cxiraordinnry occasion" referred
to in the Constitution authorizing executive &C
lion would arise, and could act.
To the end, then, Of having the matter settled
at once, would suggest and advise that you as
sumo the Act to be invalid, and that you notify
me of your intention not to proceed hereunder.
| This being done think that the attorney gene
raj, un Ter my direction, can institute such pro-
ceedings before the Supreme Court now in scs-
sion as will authorita,ivc.y settle the whole
question very sreedily, and make the way clear
for all parties. Very respectfully,
| W. ID. SIMPSON.
| COLUMBIA, January l3 1880.
Gorernor w. ID. Simpson:
| SIH-Iours of this date received, and accept
and will act in accordance with your suggestions
and for the purpose of having the question OF
the validity of the Act in question settled judi
caiy, notify you that | refuse to take any
| steps as comptroller general Hereunder.
Very respectfully,
| JOHNSON IIAGooD,
Comptroller-Gcn
CuLUMrIA, January II, 1850.
Ion. LrROy y. IoUmaas, IHornGy- General South
| CGrOiind:
DEAR SIR--I herewith cuclosc You certain
| correspondence between myself and the comp
| troIIcr'Gcncial us 10 inc proper action N
Ken IN regard to the Supply Act of the last ses
sion, and request you to take such proceedings
| as will in your judgment NEST speedily lead to
n Judicial decision TO its validity
| Very respectfully, ". ID. SIursoS,
| Governor.