The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-01-11
LEE COUNTY BUSTED.
Act Creating Il Was Uncon-
ssitutional.
FHE SUPREME COURT Rem
DERED TIE DECISION.

TIE SUPREME COURT REN-
DERED TIE DECISION.
Lee county is dead as door nail.
Alter going shroagh various legal
phases, the supreme court 6nally
knocked it ous, holding that the act
establishing 1t was unconstitutional.
The opinion fled yesterday was that
of Chief Justice McIver. concarred 10
BY Associate Justices Gary and Pope.
AS this is not mere matter of local
;mporssnce. but Affects the people of
eyery section where the new county
movement has been started, the opinion
ofshs' chief justice il given 10 full
..T'he State Of South Carolina,, IN
the suprene court. November term.
1898. J. r. Sssgars. Jr.. and others,
petitioners, Va. j. L. Parrots and others,
respondents.
..The real object Of these proceedings
Is 10 determine the validity OF the
legislation providing for the establish
mens Of Lee County formulated 10 an
act entitled An ass TO esssbtish Lee
county, approved 18Th OF February,
1898 (22 Stat. 90s 913). The mode
Of proceeding adopted for the purpose
Of attaining this object was By sn ap
piicasion to this cours. in the exercise
{ Of iss original jurisdicsion. to restrain
she respoe dents from performing any
of the duties OF doing any of the acts
repaired Of them IS nSissionefs I'M
posed upon and required OF them by
the terms Of said ACT. This application
& based upon the ground that the said
, ac. ID unconssiintioDsl, and, therefore,
null aud void
ssNe do not propose to consider any
OF she grounds upon which It Is claimed
shas said act is unconstitutional, except
one. 10 wis thar section 2 Of article I
81 the present constitution was not com
Piled with.
In chat article che general assembly
ss "a invested With power TO establish new
oounties u the manner therein
prescribed and section 2 of that
article provides. amongst other things.
.has No section of The county proposed
Is be dismembsred shall be thus cut OF
without consent By 1. two-shirds vote of
sshose voting 10 such section : aud It is
alleged shat IN Darlington county-one
of the counties proposed to be dismem-
hered for sbe purpose OF forming Lee
counsy-such consent vas not obtained
81 eso- thirds vote Of those voting 10,
shs section proposed to be cat of from
Darlington county. This allegation,
beiipg denied By the respondents. an
ISSUE OF fact vas thus presented, and
hence Il became necessary to determine.
whether the Law made aDy provision,
and, If so. what. by which such issoe
Of fsct should be determined The
supreme court. as organized 10 iss
ordinary form. not being able to agree
as 10 this matter, ell Of che circuls
7udpes we're called 20 the assistance of
she supreme eonrs. under the provision
Of section 12 of the 5sh article OF the
sonssisatioo. and the supreme court IS
thus organised. sissing en- bano. heard
and determined she question by the
opinion Of majority Of that tribunal
6led Srd Of December, 1898. By
reference to that opinion it win be seen
that the judgment Of nsjority of the
supreme court en- bane sas that the
question whether two thirds Of those
voting at the election in that section Of
Darlingsen county proposed to be cos
of for the purpose OF forming Lee
county, had vossd in favor OF such lev
county, could only be properly ascer-
sained in the mode prescribed by she
fourth sectioa OF 90 act entitled An ses
TO proyide for the formation Of new
counties and the changing of county
lines aud county sesss and consolidation
Of countess approved 9sb Of March.
1896. ~ Stat. 64 CD. which reads as
follows .sThs com nissioners of cleo
sions for each old county proposed to te
cut shall canvass the returns of the
managers of esch precinc. in their
county at vhich such election has been
held as such re.urns in general election
IN sh;s State are cauyassed, and shall
certify the result thereof 10 tabrlated
statement Of the vote at each precinct
TO the secretary OF state. who ehall
sraasuis a ssbulaeed statement of the
vote as each precinct Of au old county
proposed to be cut Of: to both branches
nf fha nanasai aasemhiv a. ifa next