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

CoLUMBiA, January l2 1880.
GorcrRor ". ID. Simpson:
SiE-Yuu are aware that the validity in part
OF the Supply Act of the General Assembly re-
Gently in session is the subj ject of much public
discussion.
AS the executive officer chiefly charged with
carrying cut the law, it appears to me that my
with the matter is solely ministerial,
and that my duty in the absence of Legislative
or judicial action is to execute the law as find
ii in the Statute Book.
Before notifying the tax officers to proceed |
beg to ask if you contemplate conyenlng the |
General Assembly in extra session for such ac |
ton rs it may deem proper i'll the premises, and
in the event that you DO not, recognizing tue /
gravity of the duty imposed upon Inc, wou!d
be glad to receive any sugc cestion you may think
proper TO make.
Your obcdicnt servant,
JOHNSON llAGooD,
mptrOller-Gcnc@l.
CoLrMBIA, Jarua'y II, 1880
Comptroller GeRcrci JohRSoH UHyooi;
DEAR SR-ln regard to your note of this
morning asking if had determined TO convene
the General Assembly in extra acssion on ac-
count of the alleged invaldity of the recent
Supply Act, which fact you desire TO know so as
to guide your own course in your instructionsto to
the county tax officers, have this to say While
having II very decided opinion rs to the validity
of the act III question, yet am aware that tins
opinion being the opinion of an executive othcer
would not be authoritative or final nor would
it control the Legislature even it were to con-
lid. wv '"V S""o0"'''0' '"'' ''' ''''
Such being the fact ] think it would be un
wise to take any step in that direction before
the Act hal been passed. upon by judicial au-
thority and pronounced invalid, either III whole
OF in such substantial particulars as 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 rs above
suggested.
In view, however, Of the gravity or he mat
ter, the great probability that the question. il
not made now will he mllr during the G",i, ctIuu
Of the taxes, thereby impcIing such collection,
and also the great importance of convcnus the
General Assembly at IN carly day, if it is to be
convened at all on this subject: l have no hest
tation in saying that the question ought to be
raised 1T once, AMI lhc AG; passed upon judi
c.ally NJ the earliest mJmcut.
Ii pronounced by the Court valid, then you
would have no difficulty in your way il inva.
lid, then the ''cXiraordinary occasion referred
to in the Constitution authorizing executive ac-
lion would arise, aul could act.
To the end, then, of having the matter settled
at once, would suggest and advise that you as
sumo the Act to hv invalid and that you notify
me of your intcu,ion not to proceed hereunder.
| This being done think that the atiOrncy-gcnc-
raj, I'M lcr my direction, can institute such pro-
ccc'lings before the Supreme Court now in Srs-
sion will anthorta;ivc,y settle the whole
question very sIccdiiy, ana make the way clear
for all parties. Very respectfully,
v. y. SiMrtoN.
GoLuMrlA, january Is, 1880.
EorarHor ". ID. Simpson,:
SIE-lOurS 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
cialiy, notify You that | refuse to take any
steps as comrtroilcr.grncral thCvCuMdcr.
Very respectfully,
JuuN=oN HAuOop,
Cumptro.lc:-Gcncral.
CuLUMriA, Jauuary l., lSSn.
NDM L'RoH T. lo""rGjS, lfo'Ray -Lc"rn! N,Hih
Cfro'ihd:
DEAR SE--l herewith cucloSc you certain
correspondence between myself and the comp
troi!rr GcNcin'-nS 10 lHc proper ;c;!ou nc ,;,-
ken in regard to the .;upuV Act OF the last scs-