Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-07-26

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pledging the credit of the state for tn
benefit Of private individuals, owner
of lint cotton and bales, in violation o
section 6, article 10 Of the constitution
Of South Carolina: that section 40 o
said appropriation act Is hereto at
tached and made a part Of this peti
ton, and marked exhibit B.
Section 40 of this act just men
toned Is as follows: That in antici
patton Of the taxes herein before le
Wed the governor and the state treas
urer and the comptroller general be
and they are hereby, empowered t
| borrow, on credit Of the state, 80 mucl
money from time to time, as may b,
needed to meet promptly at maturit!
the interest which will mature on tn,
first day Of July and on the first day
Of January Of each year on the valit
debt Of the state and to pay the cur
rent expenses Of the state government
for the present fiscal year and for pen.
sions and for carrying out the provi
sions Of an act to establish a state
warehouse commission, II the same bt
declared constitutional by the supreme
court Of the state: Provided, That the
sum so borrowed shall not exceet
$500, ,00O.'
Credit Of the State.
Section 6 Of the constitution pro.
vides that the credit Of the state shall
not be pledged or loaned for the bene.
fit Of any individual, company. asso.
citation or corporation, and the state
shall not become joint owner Of or
stockholder in any company, associa-
tion or corporation
This ground Is disposed Of by the
conclusion that the act was intended
as, a police measure and therefore
necessarily related to a subject thai
was public in its nature.
"The last question to be determined
Is. whether the portions Of the act
that have been declared unconstitu.
tional render 1t null and void in Its
entirety.
1.-The rule is thus stated in Colley's
Con Linn. (sixth edition., pages 211
and PIP and quoted with approval in
Utsey vs.. Hiott 80 s. c., $50, and
Murph vs.. Landrum, 76 8. c., 81:
"If, when the unconstitutional por.
ton is stricken out that which remains
is complete in itself and capable Of
being executed in accordance with the
apparent legislative intent, wholly inde-
pendent Of that which was rejected, II
must be sustained. The difficulty Is ir
determining, whether the good and bad
parts of the statute are capable of be.
ing separated within the meaning oi
this rule
"Tf statute attempted to accom-.
plish two or more objects and is void
as to one, 1t may still be. in every re.
spect, complete and valid as to the
other. But II It's purpose is to accom-
plish q single object only and some oi
its provisions are void, the whole must
fall, unless sufficient remains to affect
the objects without the aid Of the in.
valid portion, and II they are so mutu.
ally connected with and dependent upor
each other as condition, considerations
or compensations for each other, as tc
warrant the belief that the legislature
intended them as whole, and IL al
could not be carried into effect, the leg.
islature would not pass the residue in.
dependently, then If some parts are un.
constitutional, all the provisions which
are thus dependent, conditionally, oi
connected must fall with them
Tested by these principles the en-
tire act must be declared unconstitu-
tional.
"Of course, the conclusion that the
statute under consideration is void ir
its entirety does not mean that in its
general scope 1t is not a police regula-
ton, but that 1t can not be given effect
in its present form, by reason of Its
failure in certain respects to comply
with the requirements Of the constitu.
ton.
1T is the judgment Of this court thai
the act herein mentioned Is null and
void and that the respondents be en-
Joined from attempting to carry its
provisions into effect"