The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1892-03-11


the opinion OF tho Attorney General on The
sunJec'. On Wednesday, Governor Tillm.n
wrote the following letter to Atioi ncy Gsne-
raj Mciau. in:
"it has been c,llel n my atteation that
there exi-ts in the public mind doubt IS
to the ONCE II County Comm: ssionsr, aud IN
trier to-set The matter a ret would ssk
shat yon give me your writteu opinion rs to
what effect " any the ra<sage ofI-the cousti
tutional aucpdmen. aholishiog tina, Office
has upon the existing b ards. Do they no d
over till the Legisla u'c deviscs some other
form OF Coun'y gpvernmen' or will it bs
'awfu to elect new beard mex, November p
Attorney G-neral McLaurin considered
the subject cal efully and found a number of
KIN t'y points wrapped up in it. Amer ma
ture del beration Mr.. McL,uriu wrote the
following opin on:
"iour letter If yesterdays date has toen
received. in VIII ch you ak for the opinion
Of the Attorney General as t, what effect, if
any, the passage Of the Constitutional amend
meat ahol sh'ng The office of Couu.y Com
mss ouer has up"n the exiting b,ards, and
also it the present office s ho,d o-er ,r un,il
new ones are elected.
"Secu N ID Of Art c,e of our G ,nstitu-
ton provided for board OF County Com
,nissoners to be C cctcl bicnnially, AMI de-
fined the general ju, isdicton of such b,.rd-.
wiling for The repeal of this sect en- was ,u.
MI ted to the qu,l'fei v"t.rs of ,he State
at the genera, elect on Of 1890, an a m.jor-
lIY. Vii ~ IN favor of the repeal. the usual
Act r!tiiying amendments t the constitu-
lion was passed at the first session of the
next General Assembly.
'lt Is certainly proper attribute OF lesi.-
lativs power to troviio s.itahlc machinery
for the conduct Of County aff.irs.
hts 81,
question am sstifed have arisen from a
uisapprehension ofwhat is the effect OF
State constitutions on legislative power
The constitutions ofthe States arc declara-
tions of negative powers, whils thrt Of the
United States is n grant of affirmative pow
8. We look in the Constitution Of the
United States FIR grants of legis' 'ative .ower,
but iu the Consitu ton of the State to ascer.
tain If any linn ta'ious have been imposed
upon the conplste power with which tho
le2is'a 'ative department OF the State was vest
ed in Its creation. Tho section of the Con-
s'itu,i'n which ws> repea'el was simply of
an affirmative legislative character, AMI the
Legislature ~oul 1 have had power t, ate
the present boards wi hout any ustituti ,n,l
authority, or t, have provided some other
system If County governmen, and the
Statute law as IL now stands il not in conflict
with the Constitution.
"The constitutional rcair ction crea ed by
the Section refc red t. operated t, prevent
the Legislature f'om altering the scheme OF
County goverDmeut, except in conform ty
with tha. provision, and the amendment
striking out this pr.vision leaves to the
legislative power an unlimited and unr.-
rlcted control over the County governments.
This restriction being removed tn. lcsis'a-
ture may now in its wis lom provide such
system as may be deemed best calculated to
promote the welfare of The people. In all
such cases no Intention TO abrogate prcvi-
ously existing laws can be presumed in the
absence Of expression 10 that effect English
on Statutes.
81 understand the rule as laid down by
Cooley AMI other authorities 10 DO in sub
staucc that where a Statute has hecu passed
by the Legislatu within its general legisla-
I've powe s, but in pursuance Of an afirma-
tive direction in the constitution, the repeal
OF this dirccti IN will not ncces :ariy operate
to repeal ths Statute, but The validity Of the
Statute will be referred to the general lcgis.a-
tive p wer.
sit is therefore my opinion that the
Statute law upon the subject ef the County
Comuiss oncrs is Of full force and not
abridged or repealed in any way by the con.
stituti"nal amendment, and that the terms
Of the present officers will end upon the
election and quail fc t,on Of their successors.
The election !or tnesc olhcsrs under this
construction Of the law will Of course take
place n. the usual time for holding an e,cc-
ton"
MORAL EDUCABlLIrY.-We wonder ut the
mOnstrous cruelty Of past ages. How could
they have been POSSIBLE, We ask since
'human nature has always been the same?'
But human naurc has not always been the
same; it has always been changing it is
changing now, and it will always continue
TO change. And the rate Of improvement is
continually accelerat'ng. 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 NJ less famous sreat-shops in our
own country, may relogate tho latter third
OF the nineteenth century to the same limbo
of infamy to which the ages Of Nero and
5 mon Legrec are condemned, Lotwiihstand-
ing the compar ativcly great amcliorstions in
the average condition of the human race.
Still later generations will wonder at the
possibility ofinhumanity which in our day
condemns the many to !:fo shortening and
life.embttering toll that the few may con-
sumo ia luxurious idleness tho Price of their
sweat and suffering; at the travcsty OF jus
ticc which Furnishes the criminal who robs
his one victim with his puny arm Of flesh
and bends the knee to the ruffian who
lespols his thousands with his mightier
brain at the selfish greed Of the titled idlers
who partition the soil amOng themselves
and take hea'y to! cf the multitude Of
Ea'th's ch'liren for presuming to live upon
the bosom of their common mother; at tho
unspeakable cruelty of the sex which fattcrs
and spoils with indulgence portion of the
other sex, and drives by its Tyranny another
portion to aryatiIn, suicide, or infamy.
SUNDAY SCnooL CoyvEyrIoN.-The ff-
teeath scs' ion OF the South Carolina Sunday
School Convention will be held in the
Methodist Church, Marion, April 81. In
dications are that the convention will be
atcadea by large numbers of fdelegates from
every section of the S'ate.
The exercises will commence on Tuesday
evening with Thanksgiving service that will
be conducted by President 5. Is. Ezell The
Address Of welcome will be delivered by C.
A. Woods, of Marion, and will be responded