The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-10-28
IS DORCHESTER A COUNTY?
A Question to Be Tested in the Su-
preme Court.
MANY KNOTTY POINTS IN IT.
The Action Has Been Begun and the
Points to Be Settled VIII Be OF
Great Interest In the State.

fOlutS 10 DC ScItiCu VIZ ~ "
Great Interest In the State. a.
The News and Courier says it is
learned that al action quo warranto has
been commenced by the State of South
Carolina and Mr.. o. G. Sires, tax
payer Of Summerville, as plaintiff,
against Mr.. L. E. Parler, claiming
to be county treasurer of Dorchester
county.
An action of this character is intended
to try the title to an Office of one e1er-
cising its powers and duties. In
this particular case the question
whether Mr.. Parler is county treasurer
or not includes, it is claimed, an
namely, whether Dorchester is
county or not, and all that such an issue
involves. 1t will be remembered that Q
part of Berkeley and part OF Colleton
were taken to form Dorchester. Do these
parts still belong to Berkeley and Col
Teton respectively? All the machinery
for county government has been ar
ranged for Dorchester. Arrangements
have been made to erect public build
ings. Bonds to the amount Of $40, 600
have been or are about to be issued. Is
the machinery legal? Are the bonds
valid? What will be the effect Of the
DEGREES of courts held in Dorchesteri
What about the payment OF taxes!
These and similar questions present
themselves for consideration.
By An Act passed at its last session
the Legislature established Dorchester
county, and the constitutionslity OF the
Act is denied. The Constitution Of 1895
provides how new counties may be Gre,
ated, and certain taxpayers, unwilling
to bear what they consider the onerous,
and unnecessary expenses OF estaSllsh-
ing a new County, and believing that
the requirements of the Constitution
have not been complied with, have set
about this proceeding, in which the
State concurs, to test the question, ana
this action has accordingly been COM
mepced by Messrs. Lord i Burke, the
lawyers for plaintiffs.
The suit has beeL brought In the Su-
preme Court of this State, as one OF the
class of cases within the original juris-s
diction OF that Court And the com
plant takes the position that before
the Legislature has power to create 3
new county the qualified electors IN
the area proposed for said Few county
must vote upon three questiods, viz,
1. Whether they shall be Q county or
not. 2. The name of the county. =
The location of the county seat That
the vote upon all three questions must
be taken at the same election, and that
there must be q two thirds majority
upon each question before the Legisla-
ture can establish the county.
In the case of Dorchester there has
been three elections. At the first cleo
ton, ordered by the Governor, the
requisite two-thirds majority decided
that there should be county, and that
its name should be Dorchester. st
Georges, Summerville and Ridgeville
each received votes as the place Tor the
county seat, but the one having the
highest vote did not receive a two
thirds majority. Then the Governor
ordered second election as to loca-
ton, with similar result.
Then the Legislature took the matter
up, directed the Governor to order
elections to fix the locality and proyid-
ed that simple majority should select
After this, on oath March last, another
election was held and st. Georges re-
ceiyed-a simple majority. No place ct
any election has received a two-thirds
majority.
The constitutional. provisioh is as fol-
lows:
ARTICLE vI1-couNTIEs AND. COUNTY GOV
ERNMENT. ~
Section /. The General Assembly
NAV establish new counties in the fol-
lowing manner: Whenever one third
of the qualified electors within the area
of each section OF a. old county pro-
posed to be cut off to form new coun-:
ty shall petition the Governor for the
creation of q new county, setting forth
the boundaries and showing compliance
with the Requirements of this article,
the Governor shall order an election
within q reasonable time thereafter, by
tp 4 qualified voters within the proposed
hea, in which election they shall vote
syes" or 'no" upon the question Of
creating said new county, and at the
same election the question of name
and county seat for such county shall
be submitted to the electors.
Section 2. II two thirds of the quail
fed electors voting at such election
shall vote Eyes" upon such questlonss
then the General Assembly at the next
session shall establish such new county.
The lawyers for plaintiffs contend thst
not only must there be two-tnirds
majority for the location Of . county
seat, but there must be such majority
before an Act to establish county can
be passed, and not only that but that
such majority must be had at the very
first election
It is said that case of this kind comes
up COR trial in due course at the first
term after twenty days allowed defend
ant to answer.
STEVENSON GETS RAIL, ~