The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1892-03-11
Tns srArus OF County CoMM1,s,o,Kn.

: mae to tho Governor and ask him TO pe,
tue opin'en OF tho Attorney General on Tie
saejec,: On Wednesday, Governor Tillm.n
wrote the following letter to Alto, noy Gene
: raj Mciau. in:
"lt has been called 70 my attention that
there exi-ts in the public mind doubt .s
to the office of County Commissioners. aud I'm
tricr to-set the matter a ret would ssk
that you give me your writteu opinion as to
nat effect " aay the passage ofrlhe consti-
s ssuionai amendment abolishipg tha, OH cc
has upon the existing ards. Do they no d
over Till the Lcgisla u,c devises some other
iorm OF County government or will il be
awfu to elect new board mex, November f''
Attorney General McLaurin considered
the subject ca,efnlIy and found number of
KIN ty points wrapped up in it. After ma
following opinions:
Your letter IF yesterdays dato has Jeen
received. 10 VIII ch you ak for the opinion
: OF the Attorney General ns t. what effect, If
any, the passage Of the constitutional amend
ment shol shng the Office Of Couu'y Com.
missioner has upan the cxi.t'ng b,ards, and
also II the present office IS ho,d over or un,il
new ones are elected.
"Secti,n 10 of Art Gle 4 of our C.nstitu-
ton provided for board OF County Com.
,nissioners to be Q cctcl bionnially, ami de-
=.
"An amendment TO the constitution pro
viding for The repeal Of this sect on was ,u.
mi ted to the Qu,liiei vut.rs OF ,he State
at the genera elect on Of 1890, AMI major.
lly, yoti q in favor of the repeal the usual
Act ritifying amendments I, the constiiu-
ZION was passed at tho first session of the
next General Assembly.
Ut Is certainly proper attribute OF leri.-
Iativs power to proviio suitable machinery
for the conduct Of County affairs.
Amy doubts existing Un tho points in
question am satifcd have arisen from a
uisapprehension of what is the effect OF n
Stnte constitution on legislative power.
''The constitutions of tho States arc ieolnra-
tions OF negative powers, while th,t of the
United States is grant Of affirmative DOW
8. We look in the Constitution Of the
United States FIR grants of legis 'ative POWER,
out In the Consiitu ton Of the State to ascer.
tain II any lin ra'ious have been imposed
upon the conplete power with which tho
Legislative department Of the State was vest
ed in ITS creation. The section Of the Con-
s'ituIiIn which wa> repea'e1 was simply of
An affirmative legislative chara;ter, ami the
Legislature woul have had power to ere ate
the present boards wi hout any const ituti,n.l
authority, or t, have provided some other
system OF County government, and the
Statute law as II now stands il oot in conflict
with the Constitution.
Ihe constitutional resir ction crea cd by
the Section refc red I, operated /, prevent
the Legislature from altering the scheme OF
county government, except in conform. ty
with that provision, aud the amendment
striking out this prAvision leaves to the
legislative power an unlimited and unrs-
r,cted control over the County governments.
ms restriction being removed this loxis'a-
ture may now in its wis lom provide such
system as may be deemed best calculated to
promote tue welfare Of The people. In all
such cases no intention TO abrogate previ-
onsly existing laws can be presumed in the
absence of expression 10 that effect. English,
on Statutes.
~ understand the rule rs laid down by
Cooley AMI other authorities 10 be in sub
stauce that where Statute has heeu passed
hy the Legislatu within its general iegisla-
tive powe 8, but in pursuance of an afirma-
tive direction ia the constitution, the repeal
OF thi, direction will not necessarily operate
10 repeal the Statute, but The validity Of tho
statute will be referred to the general legi,a-
tive wer.
alt is therefore my opinion that the
Statute law upon the subject Of the County
commissioners Is Of full force and not
abridged or repealed in any way by the con.
stitutiunal amendment, ami that the term,
OF the present officers will end upon the
election and quail cit,on Of their successors.
The election for thesc officers under this
construction OF the law will Of course take
place a. the usual time for holding an cleo
iion."
MORAL EpUCABlLITY.-We wonder at tho
mOnsirous cruelty Of past ages. How could
they have been possible, We ask, since
.human nature hos always been the same ?"
But human naure has not always been the
same it has always beeu changing; it is
changing now, and it will always continue
TO change. Aud the rate Of improvement 10
continually aocelerating. Those born since
the war find it difficult to comprehend the
barbarities Of even one short generation ago.
Their children will find the barbarities of
to-day equally incredible. The horrors of
Siberia, of the Russian persecution Of Israel,
OF the M less famous sweat.shops in our
own conntry, may relegate tho latter third
oithe nineteenth century to the same limbo
OF infamy TO which the ages Of Nero and
mon Legree are condemned, notwi,hstand-
Ing the comparatively great amcliorations in
the average condition Of tho human race.
Still later generations will wonder at the
possibility ofinhumanity which in our day
condemns the many 10 life shortening and
life.embittering toll that the few may con-
sumo ia luxurious idleness the price Of their
sweat and suffering; at the travesty OF JUS
tioc which Furnishes the criminal who robs
his one victim with his puny arm of flesh
and beads the knee tn the ruffian who
despoils his thousands with his mightier
brain at the selfish greed Of the titled idlers
who partition the coil among themselves
and take hea'y toll Of the multitude Of
Earth's children for presumiug to live upon
the bosom Of their common mother; at the
unspeakable cruelty Of the sex which fatters
eod spoils with indulgence portion of tho
other sex, and drives by its tyrsnny another
portion to starvation, suicide, or infamy.
SUNDAY School CosyEyrIoS.- if
teenth ses'an Of the South Carolina Sun day
School Convention will DO held in the
Methodist Church, Marion, April ST.. In
dications are that tho convention will be
aiteaded by large numbers ofdslegates from
every section OF the State.
The exercises will commence on Tuesday
evening with Thanksgiving service that will
pc conducted by President 8. b. Ezell. The
address Of Welcome will be delivered by G.
A. Woods, OF Marion, and will be RESPONDED