The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-03-20


which class do the powers belong un
dor tho act tho judicial or tho exc
cutive?"
AS to its judicial powers: So far
as it's connection with "the revenue
arising from the royalty on phosphate
beds" is concerned, this commission
must be considered as created by tho
"act to provide for the redemption Of
that part Of !he State dobt known as
the Brown Consol bonds and stocks
by issue of other bonds and stocks"
(l602, p. 2G, Sec. 81 1t is we'll to
note that while in the same sentence
Of tho secCion creating this commits
sion the act provides that the "reve-
nue. to the State arising from royal
ty on phosphate beds shall be set
aside ns a sinking fund
for the reduction of said debt" (i. G.
bonded debt) it does not burden tho
commission with general trust with
relation to the fund, but on the con
trary, az tho next sentence clearly
shows, the commission WAS to deal
with the fund: as the Legislature from
time to time should direct. The act
declares lhut this "revenue" shall be
''set aside,' Tut not by this commls
sion; for the commission does not
collect nor receipt for the fund. Tho
second sontcEc" OF th" section under
consideration reads: "And the suid
commission shall from timo to time
invest all aHnnutI which, and as tho
samo may be- paid into the said sink
ing funtl, in tho boud8 and stocks is
sued under tho terms Of this act, and
| hold the Same rs assets Of such sink
ing fund, collecting tho interest
thereon as the same may become
payable, and reinvesting the same in
such bonds or stock, to be held in
like manner, so that the sinking fund
shall be cumulative. But if in the
| judgement Of the commissioners of
tho sinking fund bonds are not Of
fered or obtainable at reasonable
price, they shall be in their discretion
invest such funds or any part there
of in such other securities, giving
prefence to State securities of the
States of the United States, until
such time as may in their judgment
be best to reinvest the money by pur-
chase of State of South Carolina
bonds" Where there appear the
words Judgment" and "discretion,"
it does not follow that the general
duties are judicial, for judicial off
GERS are often required to perform
minist erial acts, and executive officers
are sometimes called on to judically
determine the premises upon which to
act ministerially (Meecham, Pub Of
ticers, Sec. G60.)
The act of 1892 directed the
commission to "lnvest" the fund
in certain bonds, which, by the con-
text, meant that these bonds must be
"purchased." Surely these powers
and duties must be considered mere
ly executive, or ministerial.
But review of subsequent legis-
lntion reveals the fact that the origi-
nal plan Of investment has been
modified and broadened, and the
commission was directed to lend the
fund on State boLds when tho same
could not be purchased (Acts 1896,
| p. 1S4) and later to lend the fund on
the "valid securities Of the several
Statea," cor upon the noto Of the
county treasurer and county super-
visor"
The commission has obeyed the
mandates of these later acts un-
questioningly, without regard or re-
spect to the apparent limitations OF
the refunding act Of 1902 Every
duty performed and every power ex
ercised has been purely ministerial,
or executive and there has been
neither attempt nor desire to usurp
tho exercise of judicial functions
An examination Of the acts will show
that the commission acted properly
when reference is made to the def
milton of ministerial duty, which il
, | datinad aa Coma which haa haan nosi