The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1914-11-04

To the Editor Of The News and Cou-
rier: The recent legislation authoriz-
Ing the issue Of s24. 900. 900 of State 5
per cent. bonds for the purpose of
lending them. or the proceeds derived
from them. to the farmers Of the State
on warehouse receipts for cotton at
nine cents per pound. basis middling
seems to me 30 deplorable that I
would like to ask the privilege Of a
word or two on the subject.
First. As to the legality Of the leg
islation.
The Constitution provides in Article
X. Section s, as follows: "The credit
OF the State shall not be pledged or
loaned for the benefit Of any individ-
asl. company. association or corpora
uon-" The Act provides that the
bonds shall be issued for the benefit
OF "the producers Of cotton. land
owners upon whose land the same
was produced or holders of cotton for
the benefit Of producers thereof, and
owners and persons or corporations
who have purchased cotton with mon
sy or on account from citizens of this
State prior to october 20. 1914, at a
price not less than nine cents per
pound: Provided, such cotton shall
have been grown In this State and
such persons or corporations be citi-
sens OF and engaged In business in
this State In proportion to the cotton
produced In each county during the
year 1914" etc. etc.
Without repeating or amending the
provision Of Article X, Section s,
Ioove quoted. any issue of bonds for
such purpose would. Of course, be
void. The Constitution provides that
ANY amendment or amendments to
this Constitution may be proposed in
the Senate or House Of Representa-
lives. IL the same be agreed to by
two-thirds Of. the members elected to
each house such amendment or
amendments shall be entered on the
journals. respectively. with the yeas
and nays taken thereon. and the same
shall be submitted to the qualified
electors Of the State at the next gen.
erai election thereafter for represen-
tatives. and II a majority Of the elec-
tors qualified to vote for members of
tho general assembly voting thereon
shah vote In favor Of such amend
ment or amendments. and a majority
OF each branch Of the next general
shall. after such an election
and before another. ratify the same
amendment or amendments. by yeas
and nays. the same shall become part
OF the Constitution: Provided. that
such amendment or amendments shall
have been read three times. on three
several days. In each house" No such
course has been pursued. Hence the
proposed legislation Is clearly uncon-
stitutional. and any bond issued un-
der 1t would be utterly worthless.
The legislature seems to have en-
tirely ignored or overlooked Section 6
Of Article X, and proceeded under
Section IL of Article X, which is as
follows: ITO the end that the pub
lie debt of South Carolina may not
hereafter be increased without the
due consideration and free consent
Of the people Of the State. the general
assembly Is hereby forbidden to cre-
ate any further debt or obligation.
either by the loan Of the credit OF the
State. by guaranty. endorsement or
otherwise. except for the ordinary and
current business of the State. without
first submitting the question as to the
creation OF such new debt, guaranty.
endorsement or loan Of it's credit to
the qualified electors Of this State at
n general State election. and unless
two-thirds OF the qualified electors
OF this state voting on the question
shall be In favor of incrc asing the
debt. guaranty. endorsement or loan
OF Its credit none shall be made"
Here the legislature has attempted
to create a debt subject to ratification
by a vote Of the electors. or to use
the words OF the Act-"Provided
that the auesting OF issuing the said
bonds be submitted to- the qualified
electors Of this state at the next gem
erai election. November 8. 1914. for
the consent Of the people oil the
State"
The provision Of the Constitution as
set forth In Section IL specifically for
bids the legislature to create any debt
beyond Its yearly resources without
first submitting the question as to the
creation Of such new debt. etc. to the
qualified electors of this Sta to at q