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

Petition Legal.
John G. Rhame and James Nj.
Smith. petitioners VS.. ID. f. DuRant,
yarne Burrows, commissioners, re-
spondents
Under section of article 7 of the
constitution county lines may be
changed by taking part Of a county
created since 1895 and adding it to
another county. provided the area
OF the county from which such part
Is taken, is not reduced below 400
square miles.
In the original Jurisdiction of the
supreme court.
Opinion by d. f. Hydrick. A. j.
The petitioners seek to enjoin pro-
ceedings which have been commenced
to cut Off a part of Lee county and
annex 1t to Sumter county. Lee
county was created in the year 1902,
under the constitution Of 1895, and
statutes enacted in accordance with
Its provisions. 1t contains 41o 1-2
square miles. The territory which it
Is proposed to take from 1t contains
nine square miles; therefore, over 400
square miles will be left in the county.
The question is whether this reduc-
ton Of its area can be made without
violating the constitution. Section 8.
4. and Z Of articles Z, which provides
the manner in which new counties
shall be established and existing coun-
ty lines altered, are pertinent to this
inquiry. They read as follows:
Sec. 3. No new county hereafter
formed shall contain less than 1-124th
part of the whole number Of inhabi-
tants Of the State, nor shall it have
less assessed taxable property than
r,500,O00 as shown by the last tax
returns. nor shall it contain less area
than 400 square miles.
Sec. 4. No old county shall be re-
duced to less area than 500 square
miles, to less assessed taxable prop
erty than 100000 nor to a smaller
population than $1,000 inhabitants.
Sec. z. The general assembly shall
nave 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
shall not reduce the county from
which the territory is taken below
the limits prescribed in section 3, 4
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."
The contention Of the petitioners is
rested solely upon this construction to
the foregoing sections of the consti-
tuition to wit: That, as soon as a coun-
ty is established it becomes an old
county, within the meaning Of the
constitution, relatively to all counties
thereafter created, and is entitled to
the benefit OF the limitations pre-
scribed In sections 4 and against the
reduction Of the area, wealth or pop
ulation OF any old county in the crea-
tion OF new counties. or in changing
existing county lines.
1t Is but stating a truism to say that
new and "old" are relative terms.
What is new today may be relatively
old tomorrow, and, as compared to
some particular things or events, it
may be new a hundred years hence
The meaning which these words were
intended to have in the constitution
must De determined by the context
and the general rules Of construction
The strongest argument in support
OF the contention Of the petitioners
is found in section 7. which gives
the legislature power to alter coun-
ty lines at any time; provided that
before any existing county line is al
tered" the question shall be decided
by two-thirds vote Of the people
ofthe territory affected. The words
italicized and the context show the
should have not only it's ordinary
meaning, in which 1t refers things
OF the present time. but also a rela-
tivelv futnrQ meaning and rofor 20