The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1881-09-07
Amendments to the Constitution Pre-.
posed by the Legislative Com.
nainr3nn
mission.


posed by the Legislative Com.
mission.
L.Nems and Couriar.l
at the last session of the General As
scmbly Of South Carolina, a Commission
was appointed to consider and suggest
amendments to the Constitution of the
State. The members of the Commission
are: Senators Wylie, Witherspoon and
Izlar, and Representatives Simonton,
James Aldrich, Geo. tombstone, j. J.
Hcmphill and J. NJ. Johnson. To this
Commission a number of Joint Resolu-
tons proposing constitutional amend
mcnts were referred by the Legislature.
The Commission met rs soon as practical
bic after their appointment, and their
report has been completed, and is in
! readiness for the presentation to the Gen
! eral Assembly.
The Commission first discussed and
considered the the proprlcty of advising
that a Constitutional Convention be call
ed to rccaSt the whole Constitution. Up.
on this question there is a difference of
opinion. Giving to the reasons for call
inga Convention all the weight to which
! they are entitled, the majority of the
! Commission are impressed with the con-
! viction that 'in the present juncture Of
"~aifairS in the State it would DO ineNpod-
"icnt, and perhaps disastrous, to take a
"step trauClit with so many and such con-
.trolling consequences The Commits
sien say:
Although the Constitution of 1858 is, in
many respects, suited 10 the wants and
! present condition Of our people, it is equal
" true that some amendments arc import
ant and some essentially necessary.
But the Constitution itself provides q
; mode for it's own amendment, which is
simple, inexpensive, easily understood,
and which can obtain a full expression Of
the opinion Of the people thereon, and at
the same time guard against crude, hasty,
and impatient legislation. No member
Of the Commission advocates an entire
and radical change in tho fundamental
law of tho State. The majority of the
Commission arc of the opinion that the
! course prescribed in tho Constitution
| should be followed now, and that by
adopting it the General Assembly would
subserve the best interests Of u whole
people.
On the subject Of the Convention, two
these is signed 10y Messys. G. II. Simonton
and James +. Izlar, who say:
In their opinion it is impossible to amend
the Constitution by legislative machinery,
Involving the action Of one General Assem-.
bly,, the approval thereof by a vote Of the
people, and its subsequent ratification bv the
next General Assembly, and at the same time
secure that unity and harmony in all parts
of the Constitution 50 essential to its compile
tcnc rs q fundamental law.
Tine amendments desired are numerous.
varied in character, and present issues upon
which thinking people may we'll differ.
1t is almost impossible to expect that they
will all be adopted: and as they depend In II
| -. r, ,.,, nn $500, 1,ri, tl,nr t1,n Al, ,rn @f sNnn
or moro Will disturb the harmony Of the
Whole.
If n Constitutional Convention were called,
1t could consider the organic law as q whole,
and could adopt an sinstrnment presenting
unity and harmony, all the parts of which
would he consistent with each other.
Many verbal alterations and changes OF
rhraseology could be effected, which. al
though important, are not of sufficient I'm.
pOrtancc to require tlE complex machinery
Of legislative amendment.
IN addition to this, the presentation OF so
many amendments Un the necessity for
which we concur with the rcst.of tho Com
m%ission) will create issues upon which the
people will divide.
AS a convention must be called in the near
future, these issues will create party divisions,
which must place us at q great disadvantage
when the election for delegates To such 0 con-
vention will be had.
Many of the measures to be considered by
such convention will thus be decided In adj
vance. not on their merits. but on party, and.
perhaps. on personal considerations. and their
full discussion IND thoughtful elaboration
will be prevented.
For these reasons, and others which readily
suggest themselves. the undersigned are una
bic 20 agree with the majority Of the commits
sion. and are Of opinion that tie safest and
hest mode Of amending tho Constitution of
the State IS by the action OF a Constitutional
Convention.
The other minority report is signed by
Mr.. James Aldrich, who says:
While there are features In tho Constitution
OF 1865 of uEdoubtcd value, still there are eth
er features most objectionable.
1t IS due to the civilization and wealth OF
this State that they Should be represented In
the framing of the fundamental law of the
land.
This right they have not enjoyed. They arc
; Of right entitled to a Convention, and hcliev-
Ing that she people desire and need q Consii-
tuition which will represent their own convic-
lions, l am in favor OF calling u Constitution
III Convention TO meet as soon as practicable.
The majority report of the Commission
is signed by John d. Wylie. chairman of
the State Committee and of the Commits
sion, and bv G.. III. Siinonton, chairman of
the Committee Of the House, and there is
10 minority report or dissent except on
the single question of tie advisability of
amending the Constitution in Convention,
instead of by specific amendments. This
was tho first matter considered by tho
Commission. and ut a time when the mum
Der and character Of the amendments to
be proposed were uncertain. The major
ity thought, and still think. that if null
tliarinus changes in different parts OF the
Constitution arc to he attempted the hest
course is to have a Convention, so that
the organic law can be made Symmetri-
cal and contradictions and confusion he
avoided. But the minority, we believe.
will not advocate a Convention, if the
amendments are confined to those pro-
posed by the Commission. These amend
mnnts are complete in themselves, plain
and harmonious, and can be adopted with
out any of the complications and emhar-
was advocated. McssrS. Simo1ton and
Izlar would most likely take this view.
I! and it is probable that Mr.. Aldrich would
concur with them.
Having determined that the alterations
Of the Constitution should be recon-
mended to be made by separate amend
mentS, the Commission took up the pro-
positions submitted by the members, and
those referred to the commission by the
General Assembly. In all. tho Commits
sion recommended the adoption of six
Joint Resolutions, each Of winch submits
to the people, in language too clear to adj
mt of misconstruction, tho changes
which are proposed. The Joint Resolu-
tons provides:
l. That Article i Of The Constitution, re-
latinS to the Judicial department, be
stricken out, and another Article, to be
known as Article I, be inserted in its
| place. The changes made by the new Ar
ticle are: That the Jndgesof the Supreme
and Circuit Courts. elected after the rati-
iication of the amendment, shall hold
their respective Offices during good be-
havior, and that vacancies shall be filled
by appointment by the Governor until
the same shall be filled by the General
Assembly and that the County Commits
sioners and Probate Judges shall be elect
ed for four years, instead of two. Tho
provisions of the present Article in rela-
ton to Justices Of the Peace, and the eX-
elusive jurisdiction Of the Courts of COM
mon Pleas in all cases of divorce arc
omitted, as we'll as the provisions, which
arc now unnecessary, concerning the old
Courts Of Equity.
ii. That Section 10, Article l, be
amended so that all offences less than fell
ony, in which the punishment does not
exceed a fine Of 500 or imprisonment for
thirty days, "may be tried summarily be-
'iore an officer authorized by law" &C.,
lllSteaQ Ol Silall ne tTleu SuInIna[lfy pe-
fore a Justice OF the Peace or other Off
GER" q.
III That Section 2, Article 10, of the
Constitution, be SO amended that there
shall be a State Board Of Education, to
consist Of the State Superintendent of
Education, as chairman, and four persons
to be appointed by the Governor, with the
advice and consent of the Senate, who
shall hold office for four wears: and that
the State Board of Education shall ap-
point in each county one school Commits
sioner, who shall hold Office for Two years.
Tho existing provision is that a School
Commissioner in each county shall be
elected biennially by the people, and the
whole of these County School Commits
sioners with the Superintendent of Edu-
cation form the Board.
" What Section s rticla S Of he