The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1892-03-09
COUNTY COMMISSIONERS O. K.
The Attorney General Decides that the
Office Survives and will Continue to
Exist Until Abolished by Act
of the Legislature.
| Special to News and Courier. I

COLUMBIA, March 3.-The complica-
tions arising over the neglect of the
last Legislature to provide any new
system Of county government and now
the offices are hereafter to be filed have
been settled so far as the Attorney Gen.
erals opinion and the Governors de-
cision can settle it. The Democratic
State committee referred the matter to
the Governor, with request that he
ask the opinion of the Attorney Gen.
eral.
Governor Tillnan addressed the fol-
lowing inquiry to Attorney General
McLaurin:
''The Hon. J. L. McLaurin, Attorney
General-Dear Sir: 1t has been called
to my attention that there exists in
the public mind a doubt as to the Office
of county commissioner, and in order
to set the matter at rest, I would ask
that you give me your written opinion
as to what effect, if any, the passage Of
the constitutional amendment abolish
ing that Office has upon the existing
boarGs.
"Do they hold over till the Legislature
directs some other form of county gov
ernment or will it be lawful to elect
new board next November?
'E. R. TILLMAN, Governor"
Attorney General McLaurin, not
withstsnding he is hard at work with
Judge Melton preparing the answer in
the Neutrality-suspicious. hall mat
ter, has prepared his opinion on this
interesting question.
THE COMMISSIONERS ARE IN IT,
says Mr.. McLaurin, and, averaging ten
aspirants to the county, there will be
a chance for some $50 more candidates
to seek the glories Of office. Mr..
McLaurin writes as follows:
"To His Excellency, Governor B. R.
Tillman-Dear Sir: Your letter of yes
terday's date has been received, in
which you ask for the opinion of the
Attorney General as to what effect, if
any, The passage of the constitutional
amendment abolisning the Office of
county commissioner has upon the ex-
listing boards, and also if the present
officers hold over or are new ones to Re
elected. Section 19 of Article 4 Of our
Constitution provided for a board OF
county commissioners to be elected
biennially and defines the general juris-
diction Of such boards.
"An amendment to the Constitution
providing for the repeal of this section
was submitted to the qualified electors
of the St, .ve at the general election in
1890, and majority voting in favor Of
the repeal, the usual Act Tatifyipg the
amendment to the Constitution was
passed at the first session of the next
General Assembly.
"It is certainly a proper attribute OF
legislative power to provide suitable
machinery for the conduct of county
affairs. Any doubts existing on the
points in question, I am satisfied, have
arisen from a misapprehension of what
is the effect of the State Constitution
on legislative power.
"The Constitution of the States are
declarations Of negative powers, while
that of the United States is grant OF
affirmative power. We look in the Con-
stitution of the United States for grants
of legislative power, but in the Consti-
tuition of the State to ascertain if any
Limitation has been imposed on the
complete power with which the legis-
lative department of the State was
vested in its creation. lCooley on Con.
Law.
.'The section of theConstitution which
was repealed was simply Of an afirma-
tive legislative character and the Leg
islature would have power to create the
present board without any constitu-
tional authority, or to have provided
some other system of county govern
ment, and the statute law, as 1t now
stands, is not in conflict with the Con-
stitution. The constitutional restric-
ton referred to operates to prevent the
Legislature from altering the scheme
of county government except in con-
formity with that provision, and the
amendment striking out that provision
leaves to the legislative power an un-
limited and unrestricted control over
the county governments. This restrlc-
ton being removed the Legislature
may now, in it's wisdom, provide such
a system as may be deemed best calcu-
lated to promote the welfare OF the
people.
"sIn all such cases no intention TO
abrogate previous existing laws can be
presumed in the absence Of expression
to that effect [Bnlich on Statutes.J
~ understand the rule as laid down
by Cooley and other authorities to be
in substance that when . "tatute has
been passed by the Legislature with
in it's general legislative powers, but IN
pursuance of an affirmative direction
in the Constitution, the repeal OF this
direction will not necessarily operate
to repeal the statute, but the validity
of the statute will be referred to the
general legislative power.
"It is, therefore, my opinion that the
State law upon the subject OF the coun-
tv commissioners is in full force and
not abridged or repealed in any way
bv the constitutional amendment ana
tl;at the term Of the present onlcers
will end upon the election and guam
cation of their successors. The elec-
ton of these officers under this con-