The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1894-02-22
SOLVING THE QUESTION.
Attorney Gsnersl's Or1nion On tho Tax
Middle,

COLUMBIA, s. g., Feb. 15.-The
trouble referred 20 yesterday ia regard
to the bungting Of the new county gov.
ernment act, created quite stir among
tho State officials at tue capitol. The
seriousness of tho condition Of affairs
vas not exaggerated, aud it is still
matter which ia causing tho Governor
considerable worry. Hs yesterday morn.
ing officially requested the Attorney
General to give him an opinion in re-.
gard 10 tue matter aud that cflleial did
so. This. however, is simply the op,n.
ion OF the States attorney IN the matter,
and Of courso that opinion would not
effect the decision of the Supreme Court
if tho matter ever reaches that body in
the proper form. 1t ls tho custom of
the court, however, as shown in past
decisions to look at the general objects
OF tho Legislatures in making law, aud
no doubt 1t would be construed az the
Attorney General construes it. H)H-
ever there is plenty OF ,jursdictlo for
the court TO render a decision Oa the
other side, and then there would be n
serious state Of affairs. Hare is The opin.
ion of tho Attorney General, aud 1t
speaks for itself:
l.
man.
Dsaa Sir: Your note asking if the at
approved January 4, 1891, Contemplate
the immediate devolution of the duties
OF township aud di5tric, boards Of assos.
sOrs upon The offi ;ers mentioned in such
act, received. In reply would say that
II section 8 be taken aud construed itself,
mele cursory examination might leave
lfo1fN oil hat hS,f,,
an examination OF the whole act giving
effect to every section, regarding tho IN.
Cer.depondence Of every provision, will
show beyond oil doubt that the act cou.
templated the change IRON aud after
tho first day ofJauuary, 1885," as man.
toned in section providing for the up.
polntment OF county supervisors.
Section I provides for county boarls
OF commissioners, and section declares
that "the county supervisor, together
with The chairman of The boards of com
mlssioners IN the eeveral townships, ap
poiuted by the Governor, shall colsti
tute the county b board of commls sionors
OF which said board The county supsryi
sor shall be chairman.
1t is TO be remarked that there can
not be county board Of commission
ty supervisor. 81 there coming int,
eXjatence as such board is to be meas
urcd by and coeXlstont with the time o
his appointing mtnL-begiunlng at the sam
T time.
Now let us see tho Time Of his olec
ton OF appointment, and the beginnin
Of his duties. Section declares that h
shall be elected a. the next generf
election thereafter, whose term Of of
ice shall be two years and until bis sue
cessor shall have been elected and quail
fled.
Section provides for the abolition O
The Offices now known ns county com
mssioners, devolvlng thoir duLles upon
the county supervisors, etc., from ant
after January |, 1895. Now, 1t is very
plain TO bo seen that such county boarC
created dependent upon the election o
n supervisor, cauDoL come into existeuc,
until atser the nexi general election, a
which general election he is to be yOtet
ior. The term OF the boards Of town.
ship commissioners by section ls made
contermlnal with that of tho Governor by
whom they are appointed, and such sec
ton is also to be read IN C muection will,
section 2, showing THAR appolnlm ant for
the same term.
AS result Of this construction | have
the honor TO report that IN my Judgment
these officers do not come into existence
until after Tie next general election un-
I'll Wh'ch tlElc tho present machinery OF
couGtT government continues.
Respectfully,
OsMUND w. BUCHANAN,
| ftOrnev Geperol