The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-11-02
.FlntMlN'S PENSION MATTER.
AGREED THAT COLLECTIONS BE
GIN WITH 1910 PRSiEIUMs.
Eject OF Action Taken by interest
ell Party Includes Abandonment
OF Action Before Supreme Court
TO Test Constitutionaiity OF Act.


Co Test Constitutlonaiity OF Act.
Columbia. Oct. IA compromise
effected by the City of Charleston
represented BY Mayor r. G. Rhett;
Insurance compaines. represented by
Mr.. A. T.. Smythe. OF Charleston; the
Firemen's Association. represented by
Chief Louis Behrens. Of Charleston.
and M. II. Sanders. chief of the fire
department. at Greenwood, and
the Attorney Generals Office. the
agreement reached being approved
by the insurance commission. was
announced this afternoon. whereby
the so-called "Firemen's Pension
Act. does not go into effect until the
present year. and the case in the Su-
prene Court to test the constitution
ality OF the Act is abandoned.
The effect of the compromise is
this:
Under a previous construction OF
the Act. the insurance commission.
acting under the advice furnished
from the Attorney Generals office.
went ahead and collected about $500
on the 1909 premiums. Il per centum
on the premiums In towns having
$1,000 worth of fire apparatus.) but
the Insurance companies then said
they would attack the constitutional
ity OF the Act in the Supreme Court.
whereupon the agreement was reach
ed that this case would be abandon
ed IL collections were begun only on
the 1910 premiums.
''Firemen's Pension" Act has had.
When the Act was passed by the
General Assembly. Charleston attor-
neys appeared here and asked that
the Governor withhold his signature,
10 being contended that the Act was
unconstitutional. After the Act was
signed there was raised the question
IA to when II should go into effect.
The Insurance commission had not
done anything toward collecting OH
the 1909 premiums. because II ap-
peared that the Act. having been
passed In 1910. would not refer to
the 1909 business. and also because
there was not apparently. any way
to ascertain definitely all the mat
Jars ns o. the requirements with re-
ga-d 20 the year 1909. il Icing noces-
rar' Cor LC Insurance cOmpaines
under the Ast 60 keep a certain set
of books Cor each county. which they
nad not aone for 1909 (before the
Act was passed) But the firemen.
urged principally by Chief Behrens.
argued that the Act should affect the
1909 business also. Then the Act
was taken To the Attorney General
fer construction. Assistant Attorney
General DeBruhl announced a ruling
later. and the 1909 premiums were
collected upon by Commissioner Nc
Master. acting under the advice OF
the Attorney Generals office.
Recently Commissioner McMaster
was asked whether II would suit him
10 have the case in the Supreme
Court abandoned and tho Act ar
feet only the premiums commencing
with tn, present year (the reports
thereon TO be made In October.) Pre-
vious to this there had been a con-
ferece between Mr.. Smythe repre-
sonting insurance companies. and
the firemen. Mr.. McMaster again
referred the matter to the Attorney
Generals office. The compromise was
agreed upon. but not before Com
missioner McMaster had written
Mayor Rhett, OF Charleston. and ask
ed him whether II would be accept
able TO that city. The Mayor replied
thet whatever was done by the COM
mission would be all right. The re-
suit Is the compromise announced
this afternoon.