The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-11-04

Gov. Hayward Makes a Statement
Of The Case.

the following, statement after an opln-
ion had been rendered By the attorney
general:
* have had under consideration for
nearly two weeks two petitions for the
formation Of new counties-one for
the formation of the county to be
known as Calhoun, which it was pro-
posed to form from sections of the
counties OF Edgefeld, Abbaville and
Greenwood; the other to be known as,
Hammond county to be formed from
sections Of Aiken, Edgefeld and Barn
well. No protests have as vet been
fled against my ordering an election
for the county Of Hammond, but
against the county of Calhoun num-
bre of protests have been fled by re-
sidents OF Edge6eld, Abbeville and
Greenwood counties,
1t is alleged that aei ther Edgeheld
nor. Abbeville counties would have
sufficient area were the sections propos-
ed to be embraced in Calhoun cut off
and it was also claimed that Greenwood
county, under the consti tutlon, could
not be reduced as petitioned for.
"On the other hand it was argued
by the promoters of Calhoun county
that Greenwood county was a new
county, and, therefore, did not come
under the provisions of the constitu-
tion forbidding any old county to be
reduced to less than 500 square miles.
$ 1t was not necessary for me to pass
upon the question of fact in regard to
the area of EdgeGeid and Abbeville
counties If the objection that Green
wood county could not be cut was sus-
tained as matter Of law. A few days
ago submitted this legal question TO
the attorney general, who today has
filed with me an opinion adverse to
the hopes the people Of Nc
Cormick.
The opinion given by Mr. Gunter
states that Greenwood county would
be cut below the statutory limitations
"a minimum of 500 square miles. The
law reads that no new" county
shall contain an area of less than 400
square miles while sold" counties
shall contain an area not less than 500
square miles. The Crew. and "old''
are determined by the constitutional
convention of 1895.
It has been urged 10y the attorneys
for Calhoun that Greenwood is a new
county and was originally formed with
less than 500 square 1Diles, and since
the convention. The petition shows
on its face that Greenwood is an old
county, for Mr.. Guntg says:
<4The article of the constitution
above cited il section j under which
petitioners are acting pgovides: when
ever one third of the qualified electors
within the area Of each section of an
old county proposed to be cut off to
form new county shasl petition the
governor for the creation of a new
county, setting forth the boundaries and
showing compliance with the require
ments of this article, the governor
shall order an election, etc.
HHence. the petitioners are bound
by their own statement that they are
petitioning from each section of an old
county, and as a section of Greenwood
county is incladed in this petition,
Green wood is thus denominated and
is an old county; otherwise If Green
wood were new eounty' there is no
provision of law 80 reduce the area of
new county and the petition for this
reason weuld be augatory. The petit
ton must set forth that Greenwood
county is either new county Or an
OLD comfy If it AYERS the former
there is no provision of law reeogniz-
ing such county in which to order
an election, and if it alleges the latter
it is manifest that 1T cannot be reduc-
ed as prayed for, for the petition runs
counter to the constitutional paovi
sion that no old county can be reduc-
ed below 500 square miles.
''This view Of the meaning of old
and new as applied to counties in
the constitution is made all the more
conclusive by section 5 of the article
above cited: La the formation Of new
counties no old county shall be cut
within eight miles of its court house
building Now il Greenwood county
is not an old county, then the above
limitation does not apply aud Green
wood county, other restrictions being
observed. could be cut to the incor-
porate limits of the court house town.
It certainly could not be seriously
contended that counties formed after
the constitution of 1885 cannot invoke
the protection of this section but must
be left to the temporary whims and
caprice of public sentiment. -
Acting upon this opinion, which
left him no discretion in the matter.
the governor has refused to order the
election and has so notified the pro-
moters of Calhoun county.
The governor and the attorney gen.
eral both express regret that the cleo
ton could not be ordered and the
matter therefore judicially determin-
ed, but they feel that. under the cons
titution, and oath of Office, that there
was no other course for them to
pursue. and express hope that the pro-
moters of the new county may find
some means to test the matter in the
courts.
The petition for the election as to
kxx