The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-07-10

salaries Of persons Claiming TO hoid
Offices not established by law. Now,
as there is no doubt Of the fact that
what purports to be an act of the
Legislature has been spread upon the
statute books providing for the
establishment of such officers and fix
ING the salaries thereof, and the only
claim is that such so-called act is
without constitutional authority, and
for that reason only has not the force
of law, it follows conclusively that
the question as to the constitutionality
of what has been termed for conven-
ience the registration law, necessarily
arises in this case, and the solution of
that question is absolutely essential
to the decision of the case Indeed,
outside of questions of jurisdiction
and procedure, it is the only ques
ton in the case
Another objection sstated in these
words: If the State could be sued
she would be estopped from inter
posing the objection that the services
rendered at her instance and for her
benefit were illAcal The appropria-
ton shows tina. late desires the
payment of such services Equity
will not therefore lend it's aid to com
pei the State indirectly through the
defendants as her fiscal officers to do
that which the State could not be
compelled to do in a direct proceed
ing 1t seems to me that this objec-
ton ignores the important and vital
distinction between the Legislature
and the State. The Legislature is not
the State, but IS simply one of the
agencies or departments of the
government, called into existence by
the voice of the people, who are the
source of all power, as expressed in
the constitution, The Legislature can
only act lawfully within the limits
prescribed in the constitution, and
any action on their part in conflict
with the provisions of the const;tu-
ton is without lawful authority, and
therefore null and void, not binding
on the organic body, so-called the
State, or upon the people composing
such organic body. Hence the
inquiry inevitably comes back
to the question whether the regis
tration law establishing the office Of
supervisor Of registration and proVid-
Jog for the salary Of such Office is con.
stisutional. If it is, then clear y the
present action cannot be maintained.
but if i, is not. then it necessarily fol-
lows that the public fuods cannot be
lawfully applied to the payment Of such
salaries. aud it seems to me that noth-
ing can be clearer than that any tax
payer, whether one or more, may 10.
woke the aid of the court to prevent
the fiscal officers of the State from ap-
plying the funds in the treasury to any
purpose not authorized by law, for, be.
sides the fact that such funds are de
rived from taxes levied and collected
from the people of the State, aud 10
which. therefore, every taxpayer ls
more or less interested, the coostitu
ton expressly provides that 10 money
shall be drawn frou the treasury but 10
pursuance of an appropriation made by
law Art H.. Sec. % And this pro-
hibitiou is repeated practically 10 the
saue terms 10 Art. TX Sec. 12 1t is
nor correct to say that the State has
expressed any desire upon the subjsc
until it is showo that there is some
valid act Of she law -makiog department
of the government establishing the
Office OF supervisor of registration aud
fixing the salary Of such Office.
Fourth ALI the otter objections
to the jurisdiction of this court, except
tie last. which will be presently cou-
sidered, are based. as it seems to me.
upon misconceptiou of the true nature
and real objec: of the action. This is
not an action by which the plaintiff
seek to obtain relief against wrong
either done or threatened against him
as an elector or voter, aud the fact that
there is no allegation in the complaint
that either the plaintiff or any other
c,irizen of the State has been deprived
of the right of suffrage by reason of
the provisions of the registration Law.
is matter of nc consequence, for such
au allegation would not be pertinent to
the issue presented by this act. Con-
cediug. for the purpose of this inquiry
ooly, that nc citizen of this State en-
titled to exercise the right OF suffrage
has ever yet beeu deprived of such
right by the operation Ct the law for do
such an allegation would not be per-
not perceive how tina, could affect the
real issue presented by this case. The
wrong complained of is that the fiscal
officers of the government have ex-
pressed their purpose to apply and are
about to Apply portion of the public