The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1885-01-08

W
the exemption. There are ten times
more foreign capital to-day in this State
invested in railroads than in factories,
but dare say, my friends would not nd.
vocate their exemption. 1t is here that
the hideous form Of protection is seen.
The very same principle that arrays the
Democracy of this country against the
Republican party, and yet, in the Demo
cratic State of South Carolina, while with
our lips we are denouncing the protective
system, we are allowing this Law to re-
main on our books, which savors of the
strictest protection. Beautiful consist
ency
Be the benefits OF the exemption what
they may, there is question at the bot
tom of this matter, that outweighs all
others in importance. 1t is the charac.
ter of the means to be used in bringing
about the results. I might accomplish
much good at your County Poor House
with a thousand dollars, by feeding and
clothing the poor-yet this would not
make itright for me to rob Bank to get
the money. Can this exemption stand
the test in the light of the Constitution
of this State, which each of us have
sworn to support? If not, then it is q
solemn duty to oppose it, however bene-
fetal the results may be. In legislation,
the end can never justify the means.
But, Mr.. Speaker, the friends of the
exemption have undertaken to ignore the
constitutional objection, by saying that
the Legislature is no judicial body, and
that the law now on the books is for the
construction of the courts. An ingen-
ious evasion, subterfuge! Not being
able to meet it, they evade it, and here
to-day we defy them to answer it, Has
the Constitutional objection passed be-
yond the consideration of this House :?
assert, that when bill is introduced to
repeal an existing law, the law is revived
in all its bearings, and its merits are
brought before the House as if it was an
original question. am still more sur
prised at some who intimate that we can
with inpunity, ignore the Constitution
altogether in this matter. This must
arise from a misappreheusion ofits char.
acter. ,,Mr. Story tells US, that Con.
stitution is barrier between the people
and those who would usurp power.
That il is a limit fixed, within which
those who exercise the Legislative,
Judicial and executive functions of the
government, must operate. We perform
then the highest duty we owe our con-
stituency, when we preserve intact the
fundamental law of the land, and COM
ply with the oaths that are required of US
as members of this House. With this
view of the Constitution before US, it is
necessary to read only one Oh two sec>
tions of it 10 determine our duty. I
call your attention to the imperative
language of Section II, Article IL: "7He
property of corporations now eristing or
hereafter created, shall be subject to tara-
ton, except in cases otherwise provided
for in this Constitution. Section V,
Article 9, prescribes what property is
exempt, viz: such as schools and the
property of penal and charitable institu.
tions. The Constitution does not exempt
Factories, but on the contrary provides
for an equal and uniform rate of taxation
on all other property not exempt.
Can anything be more express or
mandatory than the sections quoted 7
Therefore having no authority in the
Constitution for this exemption, are we
TO usurp the power to do so? To pre-
vent usurpation of power, Section w,
Article I of the Constitution says: call
powers not herein delegated remain soith
the people," They have never delegated
to US the power to exempt Factories
from taxation, and they alone possess it.
Until they in the exercise of their re.
served rights amend the Constitution
allowing this exemption, I cao never
give my vote or influence to the existence
of such law. Mr. Speaker. these are
my views after much serious thought and
meditation. / am not opposed to Fac
tories, to the material progress of my
native State. Not that l do not love
them, but that l love compliance with
my sense of duty to the Constitution
more. This bill will not effect existing
Factories. Ii is right for the State to
maintain good faith with them. I do
hope it will pass and the Exemption Law
be repealed. The advocates of the ex-
emption remind me of man trying to
cap muttering volcano. Sooner or
later it will berepealed. firmly believe
that the people will rise in their indig-
nation, and with the power they. possess,
will wipe from the Statute Books of this
State this law, which savors 80 strongly
of strict protection, and every letter Of
which is glaring with injustice and dis
and which has not the
slightest foundation in the Constitution
of this State.
The exemption was killed in the
House by an overwhelming vote. The
oldest ard most distinguished Lawyers of
the House, endorsing the Constitutional
objections raised, voted for its repeal.
In the Senate it liked one vote of being
Fl. G. S.