The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-02-21
NEW COUNTY GOVERNMENT BILL,
a Question as It Goes Into Operation.
The Result Of Hassy Legislation-Ths
Attorney Generals Opinion.
Especial to News and Courier

Especial to News and Courier.l
COLUMBIA, February Alt was gen.
orally understood that the new county
government bill would go into effect
after January 1, 1855, but there seems
to be some very bad legislation mixed
up with that intention. In the first
section ofthe bill there is this provision:
''That from and after the first day of
January, 1895, all Acts, parts Of Acts
or Sections of the General Statutes rela-
ting to the election, duties, powers and
rights Of county commissioners be, and
the same are hereby, repealed" Then
IN Section 6 comes the fatal statement.
It reads: y
Section 6. "That all the duties,
powers and privileges now the same
are hereby devolved upon the township
boards of commissioners, and township
boards of assessors are hereby aboi-
ished."
As will be seen the township boards
of assessors are abolished and no pro-
vision made for their successors at this
time. Then Section goes on to say
how this work of assessing is to be
done: -
"Section7. That ali the duties, pow
ers and privileges now devolyed on the
county boards of equalization be, and
the same are hereby, devoIved upon
the county boards of commissioners,
and said board of equalization is here
by abolished, and the members of said
board, while performing the duties now
devolved upon the county board Of
equalization, shall receive the same
compensation as such boards now
receive" -
Suppose Governor Tillman were to
appoint.the boards as provided in the
Act. There is this obstacle. Section 8
provides "that the county supervisor,
together with the chairman of the
township boards of commissioners in
the several townships appointed by the
Governor, shall constitute the county
board of commissioners, Of which said
board the county supervisor shall be
chairman"
The law provides that the county
supervisor, who is member Of this
board, shall be elected next November,
and the question is whether the board
without that official would be a legal
body.
The time is short for action, and il
would seem that the best thing is to
take common-sense view Of the mat
ter aud avoid technicalities and let
things run along as at present. The
question, however, arises will interested
lawyers look at things in a disinter-
ested and common-senge way? Thanks
to the June Bugs things appear to be
in very much of angle.
EXPLAINING A JUNE BUG BLUNDER.
Attorney General Buchanan has
kindly come to the rescue of the June
Bug legislators. He thinks that county
matters can legally continue to jog
along as at present. The following is
his opinion upon the matter:
COLUMBIA, February IS, 1894.
His Excellency, Governor B. r. Till
man-Dear sir: Your note asking il
the Act approved January 4, 1894, con-
templated the immediate dsvolation of
the duties of township and district
boards of assessors upon the officers
mentioned in such Act received. In
reply would say that if Section 6 be
taken and construed by itself, q mere
cursory examination might leave the
impression that hiatus exists, but an
examination of the whole Act, giving
effect to every section regarding the
interdependence of every provision,
will show beyond all doubt that the
Act contemplated the change "from
and after the 1st day of January, 1885,"
as mentioned in Section 1, providing
for the appointment Of county super
visors. ~,-.
Section provides for county boards
of commissioners and section 3declares
that "the county supervisor together
with the chairmen Of the township
boards of commissioners in the several
townships appointed by the Governor
shall constitute the county board OF
commissioners, of which said board
the county supervisor shall be chair
man." It is to be remarked that there
cannot be a county board Of commits
sioners without the appointment of the
county supervisor. So their coming
into existence as such board is to be
measured by and co-existent with the
time of his appointment, beginning at
the same time. Now let US see the
time of his election or appointment
and the beginning of his duties. Sec
ton 2 declares that he shall be elected
at the ''next general election for State
officers and at every general election
thereafter, whose term Of Office shall
be two years and until his successor
shall have been elected and qualified.
Section provides for the abolition OF
the Offices now known as county COM
missioners, devolving their duties upon
the county supervisors, etc., "from and
after the 1st day of January, 1885"
Now it is very plain to be seen that
such. county boards Of commissioners,
to be created dependent upon the cleo
ticn of the supervisor, cannot come
into existence until after the next gen.
eral election, at which general election
he is to be voted for. The term Of the
board of township commissioners by
Section S is made co-terminal with that
of the Governor, by whom they are ap-
pointed, and such section is also to be
read in connection with Section 2,
showing ther r appointment for the
same term.
a. -ae,,It If this construction i