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

INTENDED to be q debt or obligation o
the state. Bonds can only be issuet
under section a, article 10, Of the con
stitution, when a debt or obligation o
the state is thereby created.
, "(d) It Is discriminatory and denies
the equal protection of the law, in tina
no provision Is made for expert grad
ing. classifying, weighing, or otherwise
putting in a marketable condition any
commodity other than lint cotton, ant
/ does not compel the acceptance fol
storage Of any commodity other thar
lint cotton.
The petitioner does not state wheth.
er the statute denies the equal protec.
tion Of the laws, under the state OF
Federal constitution. The rule in such
cases, arising under the Federal con-
stitution is thus clearly stated By Jus.
tice Van Devanter in Lindsey VS.. N
c. Gas company, % U. s., 81:
"O The equal protection clause Of
the 18th amendment does not take from
the state the power to classify in the
adoption Of police laws, but admits OF
the exercise Of wide scope Of dis
cretion in that regard, and avoids what
Is done only when 1t Is without any
reasonable basis, and is therefore pure
ly arbitrary. (2) A classification hav-
ing some reasonable basis does not Of
fend against that clause, merely be-
cause 1t Is not made with mathemati-
cal nicely, or because in practice II
results in some inequality. (O When
the classification In such a law is call
| ed in question, If any state Of facts
reasonably can be conceived that would
sustain 1t the existence Of that state
Of facts, at the time when the law was
enacted, must be assumed. (D One
who assails the classification in such a
law must carry the burden Of showing
that it does not rest upon any reason
able basis but is essentially arbitrary
| This language also shows that the
classification Is not repugnant to Sec
tion 5, article l, Of the state constitu-
ton, which provides that no person
| shall be denied the equal protection of
the laws.
1.-The case Of the State vs.. Aiken, AZ
s. c., 222. shows that when a statute is
declared to be a police regulation and
the state takes charge of the business,
the objection that it is a monopoly can
not properly arise.
1T provides for issuing receipts for
commodities stored in warehouses,
transferable by written assignment,
which receipts or certificates Of in
debtcdness issued contrary to section
z, article 10. Of the constitution.
Section Z, article 10 Of the constl-
tuition is as follows: No scrip, certif.
cate or other evidences of state in
debtedness shall be issued, except for
the redemption Of stock bonds, or other
evidence Of indebtedness previously
issued, or for such debts as are ex-
pressly authorized in this constitution
Warehouse Receipts.
Section 7 Of the statute under con-
sideration contains these provisions:
That persons depositing the cot
ton or other commodities, shall be CIV
en- a receipt from the state warehouse
commission, signed by the manager Of
the warehouse, in which the cotton or
other commodity is stored, which re-
ceipt shall give the weight, grade and
number Of each bale Of cotton or de-
scription Of other commodity. The said
receipts to be transferable only by
written assignment, and the cotton or
other commodities which 1t represents
deliverable only upon the production
Of the original receipt which is to be
marked (cancelled) when the cotton or
other commodity is taken from the
warehouse
1T Is only necessary to refer to the
foregoing language Of said section, to
show that the receipt therein mention
ed In no respect whatever partakes OF
the characteristics Of script, certifi-
Gates or other evidences Of state in
debtedness.
"(O. 1t makes appropriations for
both the year 1912 and 1913, contrary
to the provisions of section 2, article
10 of the constitution
Section 2, article 10 Of the consti-
tuition is as follows:
| 1.-The general assembly shall provide
for an annual tax sufficient to defray
the estimated expenses Of the state fol
each year, and whenever 1t shall hap
| pen that the ordinary expenses OF the
state for any year shall exceed the in
come of the state for such year, the
general assembly shall provide, fol
levying a tax for the ensuing year
sufficient, with other sources OF In
come to pay the deficiency Of the pre-
ceding year together with the estimat-
ed expenses of the ensueing year.
| Section 16 Of said act provides that
the sum Of s25O,OO0 divided into two
equal annual installments Of $125,O0C
in 1912 and $125, 900 in 1913, to carry out
the purposes of this act Is hereby ap-
propriated.'
IF the legislature contemplated the
expenditure Of $3.50, 1000 during the year
1912, then it was necessary to include
the whole amount, in the estimated ex-
penses of the state for 1912, in provid-
ing for the annual tax Of that year. II
however, 1t was not contemplated to
expend $125,O00 thereof until 1913, ther
that sum could only be properly in
cluded, in the estimated expenses fol
the year 1913, in making provisions fol
| the annual tax OF that year.
Therefore the appropriation OF
s125,OOO of said amount was in viola
ton Of the constitution.
| "(g) 1t attempts to apply tax tc
an object not stated in the law, and
thereby violates section article 10 oi
the constitution
Section 8, article 10 Of the consti-
tuition Is as follows: No tax shall be
levied except in pursuance Of a law
which shal distinctly state the objects
Of the same; to which object the Ia.