The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-12-28


duced to less area than 500 square
miles to less assessed taxable prop
erty than $2,OO0,OO0. nor to smaller
population than $1,000 inhabitants.
Sec. 5. In the formation Of new
counties, no old county shall be cut
within eight miles Of it's court house
building"
sec. Z. The General assembly shall
have the power to alter county lines
at any time: Provided, That before
any existing county line is altered the
question shall be first submitted TO the
qualified electors Of the territory pro-
posed to be taken from one county
and given to another, and shall have
received two-thirds of the votes cast:
Provided, further, That the change
snail not reduce the county from
which the territory is taken below the
limits prescribed in sections 3, and
Of this article: Provided, That the
proper proportion Of the existing
county Indebtedness Of the section so
transferred shall be assumed by the
county to which the territory is trans
ferred."
1t appears from the proceedings Of
the constitutional convention that
section was not a part Of the reso-
luton proposing sections 3, and s,
but was adopted as an amendment to
them after they had been agreed upon
by the convention.
That section was not intended to
alter or amend sections 8, 4 and S,
but to conform to the requirements
OF the constitution as to the area,
wealth and population either of an
old or a new county, the applicability
being dependent upon the question,
whether the proposed territory is to
be taken from a county in existence,
or from a county thereafter created.
If the territory is taken from an
old county 1t must still possess all the
requirements Of the constitution. to
wit: Not less than 500 square miles
$2,OO0,000 Of taxable property and
1000 inhabitants; nor shall the new
boundary line come within eight miles
of its court house building While, on
the other hand, if the territory is
taken from a new county II must still
contain not less than 400 square
miles, 124th part Of the inhabitants
Of the State. and $1,25O.OOO Of tax
able property.
1t will be observed that the re-
quirements in section 3, and 5 as
to old and new counties are different,
and it was in recognition Of this fact,
and in order to protect both classes
of counties, that the convention did
not use the words "old county or
new county" in section Z; for, if it
had mentioned only one class it would
have rendered these sections incon-
sistent and full force and effect could
not be given to all their provisions.
If the convention had intended that
an existing line could not be changed
unless the county from which the ter
ritory was taken still contained at
last 500 square miles, it would have
expressed such intention in far sim
pier language and would not have
made any reference to section s.
which requires only 400 square miles.
The convention was composed Of
many of South Carolina's ablest law
yers, several Of whom were afterwards
elected to judicial offices, and it is un-
reasonable to suppose that they did
not clearly see the glaring inconsst-
ences that would arise unless sections
3, and 5 should be construed, in the
light of the distinction, between the
requirements as to an old and a new
county, especially as this is the only
Interpretation by which full force and
effect can be given to all the provis-
ions Of those sections.
The trouble in this case has arisen
from the attempt to make all the
provisions of sections 3, and 5 ap-
plicable to single class OF counties,
which is impossible as they can not
be harmOnized. For these reasons l
concur
Attorney General j. Fraser Lyon
and b. F. Kelly, for petitioners; r. o.
Purdy, for respondents