The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1914-09-09
STAY LAW" IS ILLEGAL.
COURTS DECIDED OVER 10 YEARS
AGO THAT III WAS UNCON-
STITUTIONAL.
States Court of Error Denied Leg
islaturc Right to Suspend Legal
RcmcdiC, In CarcW Case.

who met in the office of the governor
Wednesday having by resolution re-
questcd him to convene the legisla-
ture in special session, to pass among
other things stay law" or bill "fOr
the extension of all indebtedness, the
question arises whether such an en-
actment would be constitutional.
Under State VS.. Carew (13 Rich. L..
p. 1861 such a measure is unconsti-
tutiOnal.
The resolution adopted at the con-
ference Wednesday. presided over by
John G. richards, contcmplates the
passage at the desired special legis-
altivc session Of
First. a bill, such as in their judg-
ment is wise and cxpedient for the
extension Of all Indebtedness for such
period as may be calculated to insure
such relief to the debtors Of this
State.
Second. A bill, under the police
powers Of the constitution, restrict
ing the acreage in cotton throughout
the State for the year 1915"
Without attempting to discuss the
cOnstitutiOnality Of the proposed
second bill, or whether its considera-
tion could not be better postponed
until January next, it is pertinent to
inquire, before mourning the expense
of an extra. session of the Legislature.
whether the proposed first bill is
within the power Of that body to en-
act, the governor to approve or Off
GERS of the state to enforce. Such a
proposed bill is commonly denomi-
mated q "stay law" that is to say, a
law which for a designated period of
time stays suits on past due claims
and the collection of judgments ac-
cording to their terms.
Under tho extreme eXigency Of the
times, the legislature of this state,
on December 21, 1861, passed an act
entitled. can Act to extend relief to
debtors and to- prevent = the, Sacrifices
of property at public sales.'' By it's
terms. it prohibited any officer OF the
State from serving or executing any
mcnsc OF final process Of any Of the
courts of this state for the collection
of money until after the expiration of
the session Of the Legislature, which
would convene in November, 1862
This act was renewed and extended
in February, 1868, December, 1863,
Dccember>.1SG4, and again in Dccem-
Der 1865 until the adjournment of the
legislature. which would convene in
December, 1866.
With so many Of the people, in
Guiding lawyers. in the army during
the war. and the unwillingncss Of
many to enforce payment in a deprc-
ciated currency. no question was
raised in the courts as to the validity
OF these several acts, until the spring
or 1866, when a proceeding was in
Stitutcd by rule against the sheriff OF
charleston, and was carried by APP
peal to the court of appeals. AS a
constitutional question was involved
the court Of errors was convened
The court included all the judges Of
the State, three Of the court of ap-
pcals, five law judges and three chan
cellors-eleven in ALL The case was
fully argued by Messrs. Lord and
Spain on one side, and by Messrs
liarllee and Sellers contra.
The opinion Of the court was de.
hvered by the chief justice, con-
CURED in by his two associates Of the
court of appeals. four of the law
judges and the three chancellors--
one law. judge dissenting The deci-
sion was that $50 much Of the acts
or 1861 and 1865, commonly called
the stay law, as declares that it shall
not be lawful for any officer to serve
or execute mosne or final process for
the collection of money is void. be-
cause repusnant to the provision Of
the constitution Of the United States
that no state shall pass any law i'm
pairing the obligation Of contracts.
ana the similar provision Of the con-
Stitution Of this State" Sec State
VS.. Carew, - Rich, L.. p. A9SD
from this decision it follows that
the date Of payment of a contract is
Il part of its ohligation which can no:
u" shortened or extended by the leg
iSlaturc of any state: and any at
tempted prohibition, postponincnt or
suspension by the legislature Of cX-
lS,inE legal remedies must be held
nun and void hy the courts Of this
state and Of the United states.