The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-01-11
LIE COUNTY
WON'T DOWN.
DELEGATION DEMANDS
SEATS IN THE LEGIS-
LATURE.

The general assembly which is to
be sworn in to day will be confronted
with very grave problem, one with
which no legislature has yet had to
deal.
The State supreme court has de.
cided that the act creating Lee
county was unconstitutional, but the
delegation from that county will de-
mand to be seated, and if it is not,
there is probability that there will
be no session of the general assem-
bly,
The arrival of Senator .elect r &
Carnes and Representative elect D E
Keels of Lee county yesterday was
something of surprise to politicians,
for their coming forecasted a dilemma.
Senator Carnes stated that the Lee
county case was still in litigation, as
an appeal would be made to the
United States supreme court, and on
that ground the delegation would
demand to be seated And if their
demand is rejected the consequences
may be serious, for the constitution
says that "the house Of representa-
tives shall consist of 1874 members.
whereas if Mr. Keels is not seated,
there will be but 1913, ard the house
of representatives. will not have been
formed in accordance with the con-
stitution.
Section of article III of the con
stitution says, :The house of repre-
sentatives shall consist of 124 men,
bers, to be apportioned among the
several counties according to the
number of inhabitants contained in
EACH"
The United States census is to be
the basis of representation until the
year 1901, "when an enumeration of
inhabitants shall be made (" Until
the apportionment could be made the
number of members from Darlington
shall be three from Sumter five
from Kershaw two. These are the
three counties from which Lee county
was formed. The same section.
however, provides, "That in the
event other counties are hereafter
established, then the general assem-
bly, shall reapportion the representa-
tives between the counties"
In accordance with section 4 of
act No SIS. page 900 Statutes at
large of South Carolina, 1898, Lee
county was to be entitled to one sen
ator and one representative. The
new county advocates claimed that
they were entitled to more than one
representative, but were willing to
wait until the reapportionment in
1901 The number of Sumter's rep
resentatives was consequently to be
reduced from FIVE to four.
As the State supreme court has
decided that the act above referred
to was unconstitutional. there would
be but 1913 members of the general
assembly, unless the Sumter delega-
tion could prove that it is entitled to
the former number of representatives
However. as the case is still in litiga
,ion, the Lee county advocates claim
that the much mooted question is not
settled, and that until the United
States supreme court passes upon the
matter involved. the act creating the
county is valid.
The Lee county people claim that
the Legislature was competent to
Judge of the question of fact in.
voived in the establishment of the
county They claim that the oppo-
nents of the establishment of the
county did not attack the general
law of 1896 which is said to invest
the Legislature with the power Of
judging as to a question of fact
Section 5 of the act to provide for
the formation of new counties reads
as follows "The general assembly
at it's next session" (after the election
for the new county, "shali create
such new county, x x x, if all
of the constitutional requirements
for the formation of the new county
have been complied With, of all Of
which such general assembly must
judge"
1t is claimed that this last clause
gives judicial as we'll >s Mtifying
power to the general assembly.
Messrs. Carnes and Keels have
consulted with number of members
of both branches of the legislature.
and are confident that they will be
seated pending further developments.
The whole affair is very awkward
one, and is the result of difference
of dozen votes one way or the
other.
The people of the country around