The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-01-14
Ul's 8erala Md Sgeavs
.lcon.inuca nom first Page

10 's'tn1iiioou Y! !sPeclalleglslation. AS tits
easier and in some cases cheaper to
apply to the. General, ,$Assembly ! for
relief rather than TO the Courts or
other tribunals provided by general
law, the legislature IS being, upon
various excuses, subjected to con.
stunt pressure to enact special laws
for the relief Of individuals. Indeed,
even constitutional provisions intend.
cd to limit such special legislption
have often been ovaded under the
guise of so called general law. In
the Constitution Of 1898 there are
express provisions prohibiting spe,
clal and local Legislation hy the G, IL
eral Assembly. Prior to lS9a, dur,
ing each Legislative session q great
deal of time Was consumed in the
consideration Of such special lrris
lation, at great expense to the State.
1t WAS 10 check this growing evil
that these prohjhiiorv provisions
were introduced into the CunStitu-
ton, 1t is natural and may hc
praiSeworthv ENr individual l"sisla,
tors to seek 10 AGvancr the interests
ot thc!C !NcaN,;oS anl constituencies:
hut such Interests ShoulI he subor.
dlnatA ~ the general public good.
and such special ana local lcS'sh
ton is eviGentlv iniurionS 10 the
publi, veal. Too much Legislation,
both general ana special, has I'M
doubtedly characti2ei South Caro-.
lin" for the past thirty years.
Such special and local cuactmcnts.
besides beng species OF class lcgis.
latio0, are most harmful in making
it uncertain what the statute law is.
1t is, therefore, wisc provision of
our present Constitutions winch pro.
hlhits local and s?ecinl Legislation,
and it should be rigidIv enforced
But notwithstandi rG this conshtu
tonal inhibition, an examination of
the Acts passed by tho general AS
srmbly during the sessions of 1896
and 1891 will show that This wise
provision was cvadru, and that there
was considerable special and local
Legislation. Since the adjournment
of tho General Assembly in 1897 an
Act passed during tho last session
has been decided by the Supreme
Court to bn unconstitutional, Oh the
ground, among others, that it was
local and special Legislation. 1t was
m Act forbdding Il citizen Of one
County to fish in another County for
profit without first obtninlng II Ii.
censo from tho County Treasurer.
Ihls secms to be Il general statute,
but IN the third section ot tho Act it
10 provided that tho Act shall apply
to no Counties in tho State except
Collcton and Berknly. This !;sro.
gard Of constitutional provisions if
not checked will opc, tho way to an
increasing mass of this kind of Icj5.
lslnton, and must result iHtho pruc.
tical defeat of the objects of the con-
stitutionnl iplibition.
Prompt action SHOULD be taken by
your.ionorahlo bodies to enforce OBJ
|sorvanco of tho provisions Of tho Con.
stltutlon on This subject, and to con-
limo Legislation as nearly az prncti-
cal within tho limits prescribed by
TIM Constitution. would respect,
fully recommend for your earnest
consideration The creation. by Joint
resolution, Of Il joint committee of
the Two Houses who shall II" special.
~ charged with the duty oi supcr.
vl-ing all bills introduced. aud re-.
porting such rs como within the pro
hlb'tory provisions Of the Constitu.
ton relating to local and special lcr-
lslat'on. With such suicgunrd
the General Assembly can snccpss.
fully avoid tho "nnctmcn, of laws
forbidden by the Constitution and
insure tn" faithful observance of its
w'So and snlutary provisions.
THE SINKING FUND COMMISSION.
The total value of the assets of the
cumul"tlve phosphate royalty sinking
fund is S2t3,OOI5G. OF this amount
50 lo32.OO was loaned to counties at
rate Of . per cent. interest per an.
mum. The sinking fund has per.
maiently invested in State stocks
$50, 72S.oG. There is invested in
temporary loans, under tho Act Of
February %, 1896. and February
70, 1897, &5S,iSl.22. This leaves n
balance of $l3l, ,2G2.7S, which has
been deposited in hanl, bearing four
per cent. payable monthly. You can
see from the above statement TINT
under the act Of 1907 only small
amount was lent u counties: whil.
the greater part Of the fund has been
deposited IN banks and is unsecured.
except by the crcGit Of these banks
1t will also be seen that on the 3Ist
OF December, 1856, there was then
loaned to the banks at - per cent
lnterest, and secured by a deposit
with the State Treasurer as co,,atcrl
security of State Brown Il Der cont
stock, Sl73 ,0Sl22 leaving oply
p2'oloO3 cash deposited in bank.
CONFEDERATE RECORDS.
III has boom f;o,1.I