The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1904-08-18

~ the general Assembly in his annual
report to the general assembly at the
session OF 1904. 1t was the opinion OF
tie attorney general. and he SO ex-
pressed it In that report, that the main
issue to wit. the constitutionality of
ihe merger act of 1902. could not be
settied in suit brought by any one in
uNldud. affecting a particular leased
road. He also took the position in that
report tnat III view OF the passage OF
tne merger ny the legislature. he did
noe fcef- authorized to take any step to
lest its constitutionality without autnor-
ny from the Legislature, inasmuch as
the act had authorized the consolidation.
lie attorney general s report had suot
been printed at the time the Legislature
convened. but he tod me what he had
recoinnended and asked me to take this
matter up. as 1 had opposed the pas
sage OF TIE merger act. and promised TO
frtiasn me wltn u ypewriuen copy OF
tint portion OF his report referring to-
tins matter, which he did. The attor-
ney general himself says: When the
legislature convened i spoke to Senator
AtaJheld about bill with reference to
amending the code covering Arrest anil
L;ail and also about this matter as tn.
senator had opposed the act authorizins
the~leaseS. told the attorney general
that would take tne matter UP, anu,
INTRODUCED In the session OF 1904. this
year, what Is known as the test act,
anu assume all responsibility for II.
This act requires the attorney general
to forthwith bring quit In the name OF
the state. to, test the constituionaliy OF
hs merger &C Of 1902. which had op-
posed,I and in one suit settle that whole
question. . r .tt
The action authorized to be brought
W the state has already been brought
by the attorney general on the part OF
the 1tate. and the whole matter In to be
settled when that case comes to trial.
When 1t Is settled the road and the peo-
PIE will know where they stand.
When i introduced this Test Bill there
were pending only four (4) suits to re-
cover penalties, which had been broughe
prior to the passage Of the Merger Act
OF 1902. as follows:
ono by Isaac Edwards of Lexington
county.
One by w. u. Id. Harmon in Lexing-
ton county.
One by ". A. Edwards in Aiken coun-
ty. and
One by r. 8. Anderson in Edgeheld
county.
The rights OF the parties to these suits
whatever they may be, were preserved
In this Test Act, and they can have no
complaint against me.
But there were ten 10) cases which
had been brought since the passage of
the Merger Act OF 1902 that were inter
fered with. They are as follows:
One by w. A. Edwards In Aiken coun-
~.
One by b. +. Holly In Aiken county.
One by p. B. Glover in Aiken county.
One by j. e. Herrin In Saluda county.
One by A. A. McManus in Kershaw
county.
One by John Cash in oranseburg
county.
One by ]. II. Skinner in Barnwell
county.
Three by A b. Gaines in Cherokee
county.
Some of these suits are for the same
cause and cover the same time. although
brought by different persons.
The legislature has authorized the con-
solidation and the roads Is now doing
what the Legislature said 1t might do.
and the legislature In this Test act
would not allow suits brought since 1902
to be proceeded with. The act of 1902
authorized the leases to be made and
the penalty in the act OF 1897 is for
operating in violation Of law" 1t is
very plain that the Southern was not
operating in violation of law" since
1902. but was operating according to law,
and. therefore. no individual had a right
to penalty since the passage of the
Merger Act OF 1902.
This Test Bill introduced by me vas
so manifestly just in its terms that
thirty-one (3D senators voted for It and
only one Q) against it, thirty-two sena-
tors only being present Every senator
present from this district voted for 1t.
In the house seventy per cent GO per
cent? OF the members present voted for
eight to thirty. The members
or the house from this district who
voted for 1t are: Mr.. Black. OF Bam
berg; Mr.. Colcock and Mr.. Bailey. OF
Beaufort; Mr.. Middleton. OF Hamptore
Ar Pattison. ]. o., and Mr.. Walker. of
a rnx n.