The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1902-02-19
COUNTY GOVERNMENT UNCONSTITu.
Tl0NAI..

SO much Of it, at least, as pertains
to working the public roads. SO said
Judge Gage last Thursday in passing
upon appeal cases from Magistrates S
Court where the charges were. "Rc-
fusing to work the public roads.
And it IS thought by many, some Of
whom arc good lawyers, that the en-
tire county government law is uncon-
stitutional; that We have no County
Boards Of Commissioners in any
County in the State, and tha. the new
road law, now before the Legislature,
which last week was passed by the
House and sent to the Scnatc-wlich
Act is designed to settle the question
OF the nconstitutionality of the pres
cnt law-will be imperative in that its
provisions must be carried out by the
Boards Of County Commissioners
throughout the State, which do not
exist because of the unconstitutionali-
ty Of the Act creating them.
By others it is thought that this
new road law now about to be enacted
by the Legislature will be unconstitu-
tional in that it is intended to be re-
Prospective in effect, in fixing "on or
by the first day of March, 1902" for
the collection of the communication tax
due for the year 1901, when the Act
now known to be unconstitutiona
created the debt and provided for its
collection during the year 1901. In
other words, it is thought that Section
2 of the new law is expost facto in
operation, and, therefore, unconstitu-
tional. The bill was, however, caro-
fully prepared by committee consist
ing Of one representative from each
County and may stand the test Of the
Courts.
The jury law unconstitutional and
the business of our Courts, both civil
and criminal, held up for months and
until almost the last day, with the
jails full Of prisoners awaiting speedy
trial and being fed by the counties;
the read law unconstitutional affording
an escape from working tho public
roads, or from paying communication
tax; the entire county government law
probably unconstitutional, leaving the
counties throughout the State without
Boards of County Commissioners to
enforce the provisions of the new road
law aboutto be passed; the now road law
possibly unconstitutional in one of its
main provisions; our drainage laws
pronounced unconstitutional by Judge
Gage last Thursday, is the deplorable
condition affairs arc in.
That our legislators should enact
laws in violation of the plain mandates
of the constitution is surprising, when
it is known that every bill proposed is
drafted under the supervision of tho
learned Solicitors Of the State in the
engrossing department, and who sit,
as it were, as ap advisory board, in
easy reach Of those Offering amend
ments; and that when the bill is in
troduced, in either House, it is re-
ferred to committee selected because
of the special fitness Of each member,
which committee reports Favorable"
OR "unfavorable" on the bill, and that
when it passes both Houses, before it
lis ratified, it again passes under the
supervision Of the learned Solicitors
when enrolled for ratification.
This blundering in legislation is of
vital Importance to the people, 10th
in the working Of the legal mac chinery
and in the dollars it costs. Doing and
undoing Of Legislation takes time, and
the, in this connection particularly,
means money. The unconstitutional
road law hinders the collection of
communication taxes, intcrferes with
work on the public roads and entails
litigation.
Lower taxation is really a dream,
as is adjournment of the Leg
islature before the constitutional limi-
tation, and the hope of biennial ses-
sions is truly hope deferred and
makcth the heart sick.