The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1886-02-03

QuGy OeFc4FinS UPON uiH "lo'0 wv
following letter to the Attorney |
General:
STATE OF SOUTH CAROLINA,
EXECUTIVE CHAMBER,
COLUMBIA, S. c., May 2, 1885.
Hon. C. r. Miles, Attorney Gen
eral-Dear Sir: Article II, Section
I, of the Constitution, provides that
the enumeration Of the inhabitants
of the State for the purpose Of the
apportionment of the Representa-
tives be made in the year 1875, and
in the course of every tenth year
thereafter, in such manner as shall
be by law directed.
In the message delivered to the
General Assembly on the 26th OF
November, 1884, I called attention
to this provision of the Constitution,
and recommended that such appro-
priation be made as might be neces-
sary for this purpose.
The General Assembly made no
appropriation tor the making Of this
enumeration. Article II, Section 5,
of the Constitution, provides that, "if
the enumeration herein directed shall
not be made in the course Of the
year appointed for the purpose, it
shall be the duty Of the Governor to
have it effected as soon thereafter as
shalt be practicable.''
Idesire, ifpracticable, to discharge
the duty imposed cpon the Governor
by the sections of the Constitution
referred to, in such manner as will en-
able the State to obtain the benefit
of the fund which according to the
Act Of Congress, approved March
3, 1879, (Sec. %, Stat. Of U. S., 1873
1879, page 4S0) the General Govern
ment will contribute towards defray-
ing the expense Of making the enumer-
alton of the inhabitants Of the State;
and therefore request that you advise
me whether that enumeration can be
made under existing law, there being
no appropriation by the General AS,
sembly for the expenses ofsuch emu
meration, Very respectfully,
HUGH S. THOMPSON, Governor.
The Acknowledgement, after careful
ly reviewing the law relating to the
matter, gave an opinion in which he
summed up by saying:
81 am, therefore, of opinion, for the
reasons herein given, that such emu
neration cannot under such existing
laws be made in advance o: an appro-
priation by the General Assembly to
defray the expenses, and I so advise.
You express the desire, if practical
BILE, to discharge the duty imposed
upon YOU in such manner as will ena-
bic the State to obtain the benefit of
the fund which, according to the act
of Congress of March 3, 1879, the
general government will contribute
toward defraying the expenses Of the
enumeration Of the inhabitants Of the
State.
AS | have advised that it is not
"practicable" under existing laws to
have such enumeration made now, it
is not necessary to refer to the act Of
Congress alluded to; but as matter
Of public Importance and general in
terest, I beg leave to call your atten,
ton to some of its provisions"
This shows that the Governor was
anxious to do all required Of him by
the law and Constitution, and that the
Legislature has failed to provide for
the means necessary to render the
law effective. In his Message to the
General Assembly in December, 1885,
he again called their attention to the
matter as follows:
'In my Message at the beginning
Of the last session the attention OF the
General Assembly was called to the
fact that Article II, Section 4, of the
Constitution provides that the emu
meration of the inhabitants of the
State for the purpose of the appor'
tionment of the Representatives be
made in the year 1875 and in the
course Of every tenth year thereafter,
and it was recommended that such
appropriation be made as might be
necessary for such enumeration. The
General Assembly made no approprl'
alton for taking the enumeration
Article II, Section 5, of the Constitu
ton provides that if the enumera
ton herein directed shall not be made
in the course of the year appointed
for the purpose, it shall be the duty
of the Governor to have it effected as
soon thereafter as may be practlca'
ble.'
I desired, if possible, to discharge
the duty imposed upon the Governor
bv the sections of the Constitution
referred to in such manner as to en-
able the State to obtain the benefit
of the fund which, according to an act
Of Congress, the general government
, would contribute towards defraying
the expenses of taking a census, upon
compliance by the State with the pro
visions of the act of Congress; buI
being in doubt as to my powers and