The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-11
FIREMEN'S ACT
BECOMES A LAW
GOV. HEYWARD SIGNED THE
MEASURE.
So Advised By Mr.. Youmans The
Attorney General Declares That
the Unconstitutionality of
Law Is Not Apparent.
The State, May 10.

The State, May 10.
The act providing for pension for
disabled tircmcn has been signed by
Gov. Hayward. The act was held up
until the very last because of the pro-
test made by the insurance companies
and the only matter on which Gov.
Hayward was hcsitating was the al
legged mconstitutionality of the act
lie was advised yesterday by At
torney General Youmans that the un-
constitutionality is not evident and is
Il matter which had best be decided by
the courts. Therefore, the act was
signed by Gov. Hayward and becomes
Il law. However, under its terms, the
insurance companies will have moth
ing to pay this year as the law is not
retroactive.
The opinion Of Mr.. Youmans Is II
matter on which he has spent moro
thought than almost any other which
has come up during his term Of office.
He says. in his letter to Gnv. Hey
ward:
Sir: \ senate act entitled can act
requiring the payment of certain
premiums to the. fire department of
incorporated cities and towns by fire
insurance companies doing business in
the state for the purpose Of creating
Il fund for the benefit Of the members
of the fire departments of such cities
and towns, and providing for the col
lection and distribution Of same. -
ratified in the senate house ON the
10th day Of February. 1906. was ,lriiv-
cred I" your rNrrllrncy. the general
assembly adjourned sine die on Feb
ruary II and the constitutional pro-
vision is applicable. to wit "If a bill
or joint resolution shall not be re-
turned by ihc governor within three
days after it shall have been present.
have the same force and effect as if
he had signed it, unless the general
assembly, by adjournment, prevent
its return, in which case ii shall hav"
such force and effect unless returned
within two days after the next meet
ing.' (Articlc i. see. %, last sentence
constitution, lS95.0
Quite an array Of those in favor OF
the act approved. and those in favor
Of the act being vetoed by your cx-
crlcncy. consisting Of senators, cnun-
sci and business men, presented their
views, pro ct con in rXtcnso, on set
day at hearing before your excel
lcncy, at which. by your invitation
and request, ] was present. Subsc-
mcnt to this elaborate written AZ
gumcnts, pro ct con, were submitted
to me in favor Of the acts being ap-
proved. by Mr.. Won Kolnitz Of the
Charleston bar, senator from Charles
ton county, and Mr.. Marshall Of the
Columbia bar, senator from Richland
county, and in favor Of veto Of the
act by Mr.. Augustine r. Smythc Of
the Charleston bar; the last argument
being filed on April II by Mr.. Mar
shall, who had introduced the bill in
the senate.
The question Of law submitted 10
me by your cXccllcncy is whether. by
the showing" made in support Of the
view. that the act is unrunStit innal
or by any other means thc uncnnstitu-
! tinnality of The act is made so Appar-
cnt as 10 Justify me in advising YOU to
veto il and to justify ynm in vctoing
il on the ground Of lis unconstitutinn-
ality? There is high authority for
the view that in the approval Of laws
! the governor acts as part Of the lrGiS-
i lativr branch Of the government
| Cooley Con. Lin. Oh. 6, 2l9. The
| circumstances under which II lr"isla-
| five enactment should be declared
I even by court unconstitutional. are
! stated in the well considered case Of
State cX rel George Y. Aiken. ~ s.
{. $50. by the extracts cited and quo
ted with appreciation therein, to wit
Chancellor WaticS, delivering" the
opinion Of the court in Brync's Ad-
morS. vs.. Stewards Admors, 3 DcSS
47G, says: "I am not disposed to cx-
anime with scrupulous cxactncss the
validity Of law. Tt would be un-