The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1888-01-18
I'll: AYroRNEY-GENERAL's $ REPLY.

COLUMBIA, -. T.. Jaiiu'IiS ~. 100
lion. JDtn Ptter Richr0s2H, G0teTHo',
Cu,"mI:0. ). c.
Di.AH Sir: I have the honor TO acAnowl.
edge ;hc receipt cl Your communication oi
lh:s da:c.
onin;on .hc following question: DO the
rers@ns who have been elected by the Gen,
cral Assembly under ard by virtue OF An
&c. to amend an Act entitled an Act to
create Department OF Agriculture &c.,
approved 22ad December, 1887, row on
sti;uta the Board Of Agricultural! In re-
rlv, ! have to say, that oa the same day
tat said Act was passed, the General AS
scmb!y elected len members Of sa'd Board
As directed by S:id act. Tie persons so
c,.c,g,: constitute :hc Board OF Agriculture.
.u!e<s i: should appear that at the time o:
tic c.,cti2n the General Assembly was nat
authorized to hold the same. The cnly
do2bt as 20 the validity Ct Inc election that
ccull be suggcste; is, that no day; is
specially naGled in tie body ct tie Act rs
tie day upon which it shall take ctfcc:, and
hence. II It be subject to tue provisions OF
the Act Of 1879 General Statutes, Section
333}. It's oTc-aticn would he suspended untll
the expiration Of twenty days af,cr its pas,
SAGE. In reply to such suggestion, | would
submit the following propositions. VIZ:
l Un,:c. the Constitution of t:is State.
every Act of tic General Assembly takes
effect immediately unon its passage.
,. No LEGISLATURE is authorized or en-
powered to provide any .nlc or regulation
Tor tie guidance or govcinnc1t OF subsc-
| ur:cat legislatures
|: VIC lave reference only TO The Consti
tu::oa. !i:en the Ac; il question :ook effect
OH the 80! December. 1887. the date ot its
approval by the Gcve!Gcr. Il i; Cid not
then take ltfrc:, it mus: be in consequence
Of The regulation prescribed by the Act o:
1919. But ii enc Legislature las no power
to impose any restrictions upon any ether
legislature. then the Act OF December 222
1887, would in 20 way be affected. in refer
9: &c to the time when il shall take effect,
~ the provisions of the At Of 1879, IN
less i BE presumed that TIE former body
;a:Cnaed to conform to tie rule or rcgula-
ion o:esc:!&cd By the latter. This pre-
sumption could only arise from the fact
hat the &C, Of 1879 Was upon the statute
books. ard If sujscqucn: legislatures did
not intend to be bound thereby it would
nave CCcn lcISaiC'!. i'ut, VA ttit N'ttS'
h.n;l, It is also To- be presumed that the
Legislature iaterded The Act to take cflcc;
according 70 tie provisions Of lhc Con>ti-
;u,ion. unless Tie Act contains words show
ing contrary intention. This latter pre-
sumption. it seems 10 me, is stronger than
he former. However, if IL be otherwise,
still! any presumption lh%t tic Legislature
intended to adopt as q part OF this Act the
provisions cf the Act of 1879, or that the
same St,o,hd not take clfcc: until twenty
LAYS aft~r its passage, is rcbuttcd by the
fat TIA: on the Very day of lis passage, to
vit. on December %, 1887, the General
Assembly held IN lection as prescribed by
he Act in question, ard elected the mem
5c.s cf tie Board is therein provided
thereby clearly indicating thai, as to this
Act at least, ii was not bau2d by the rule
y regulation prescribed BY the Legislature
Of 1879
:sa;y-;4.sa;nion. u therefore, is that the --it:
IN ai,Gs;ion took eiYcct Immediately upon
its approva! by the Governor. and that the
persons elected By the Genera! Assembly
IS aforesaid constitute the Board Of ASrl-
!u!turc
Respectfully submitted.
Jos. IL EARLE,
ATTORNEY General 5. G.