The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-02-21
SOLVING THE QUESTION.
Attorney .neral's Orin!on On ths tx
Middle.

COLUMBIA, S. c., Feb. 15.-Ths
trouble referred 20 yesterday ia regard
to the bungling Of the new county gov
ernment act, created cutie stir among
the State officials at lne capitol. The
seriousness of the condition of affairs
was not exaggerated, and it is still a
matter which is causing the Governor
considerable worry. He yesterday morn.
ing officially requested the Attorney
General to give him an opinion in re.
gard to the matter and that official did
so. This. however, is simply the opln.
ion OF the States attorney II the matter,
and of course that opinion would not
effect the decision Of the Supreme Court
II the matter ever reaches that BODY in
fae proper form. It Is the custom OF
the court, however, as shown in past
cscisions to look ct the general objects
| OF the legislatures IN making law, and
no doubt 1t would be construed az the
Attorney General construes it. Ho1-
ever there is plenty OF Jurisdiction for
the co1rt to render decision oa the
other side. and then there would be g
serious state of affairs. Here is the opin.
ion of .he Attorney General, and it
speaks for itself:
His Excellency, Governor B. R. Till.
man.
Deaa Sir: Your note asking if the at
approved January 4, 1891, contemplate
the immediate deyolutior of the duties
Of township and district boards of asses.
sors upon the officers mentioned in such
act, received. In reply would say that
if section 6 be taken and construed itself,
a mele cursory examination might leave
the Impression that a hiatus exists, but
an examination OF the whole act giving
effect to every section, regarding the IN.
ter.depen'lence of every provision, will
show beyond all doubt that the &C! con.
templated the change IRON and after
the first day ofJanuarY, 1906" as men.
toned ID section providing tor the ap.
polntment OF county supervisors.
Section ! provides for county boards
Of commissioners, and section 8 declares
that 1.-THE county supervisor, together
with the chairman of the boards of com.
missioners IN the several townships, ap.
pointed by the Governor, shall coasti.
tute the county board Of commissioners,
OF which said board the county superVi
sor shall be charm 40.
1t is to be remarked that there eau.
not be a county board of commission.
ers without the appointment of a coen-
tY supervisor. So there coming into
existence as such board is to be Mas
ured by and coexisteat with the time OF
his appointmt nt-beginning at the same
time.
Now let Us see the time of bis cleo.
ton Or appointment, and the beginning
Of his duties. Section 2 declares that be
shall be elected at the next general
election thereafter, whose term Of Of
fee shall be two years and until his sue
cessor shall have been elected and quail
fed.
Section l provides for the abolition OF
the Offices now known as county COM
m;ssioners, deVolVlng their duties upon
the county supervisors, etc., from and
after January |, 1895. Now, 1t is very
plain to be seen that such county board
created dependent upon the election of
supervisor, cannot come into existence
until after the next general election, at
which general election be is to be voted
for. The term of the boards of town
ship commissioners by section is made
contermlnal with that of the Governor by
whom they are appointed, and such Sec
ton is also to be read IN connection with
section 2, showing theirappolutment for
the same term.
AS result OF this construction I have
the honor to report that IN my judgment
these officers do not come into existence
until after the next general election un-
til which time the present machinery of
county government continues.
Respectfully,
OsMUND W. BUCHANAN,
Attorney General.