The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-10-24
His Duties.

'1GW Oh luS dS1loS4ciA III 1Ao SiiesA ASo
ON American, addressed a letter t,
Governor Manning, calling attention t
certain measures which it was at
tempted to get through the last legis
ature, and that in the course OF hi
to the governor, the at
.orney general said:
"I most seriously doubt whether
have, under these resolutions, an,
power to take the preliminary
steps which are necessary before
commencing an action to assert
the right OF the state which ha
arisen by violation, by the pur
chase of the canal property, OF the
conditions contained in the act,
end it seems to me that l can not
well proceed in the courts without
some specific action on the part OF
the legislature, for the resolution
which has been passed does not
sufficiently cover the case. do
not End that within the powers
given me by the statutes l can
adequately assert and, enforce the
right of the state and compel the
performance by the purchasers OF
the duties imposed by the canal
acts. The present resolution not
being as full as it should, 1t has
occurred to me that under section
912. of volume /, that 4 direction
from you in the premises might be
sufficient. Whether the state shall
insist upon the terms OF the con-
tract made with regard to the COM
Dletion of the canal, is one OF pot-
icy to be determined by the gen
eral assembly. At the same time,
as governor of the state and as
mart of the law-making depart
ment, any direction from you
would determine my action until
the general assembly shall de-
clare a definite course to be pur-
sued"
The attorney generals letter, it is
earned, covers five closely typewriter
,sses, in which the rights Of the state
md the duty Of the governors office
IS well as the attorney generals OF,
ice, are fully and concisely set forth
1t WIS impossible to secure either
rom the attorney general or from the
GOVERNOR this afternoon an official copy
Il the governors reply, but it is un
Ierstood that it reads somewhat as
oIlows:
The Reply.
Hon. Thos. H. Peoples, Attor-
aey General, Columbia, S. c.
,ear Sir: Your letter on the lott
inst. has been received with re-
onserence to the concurrent resoiu-
zion of Mr.. LaGrone and the reso-
aution of Senator Williams, both
concerning the Columbia canal.
"Yos give as your opinion that
the concurrent resolution of Mr..
IaGrone has not only no force OF
law, but does not express the SEN
timent of the general assembly, as
the same did not pass, looking at
it of course, from purely and sim
ply legal point of view, and that
Won are further of the opinion that
the resolution of Senator Williams
has no force of law and would
not justify you in proceeding IN
the courts to enforce the right
of the state, standing alone.
"In view of your opinion, as
above expressed, I would not feel
warranted in giving my direction
of this matter; and it seems TO me
that the course to pursue would De
4o make a report to the general
assembly, which you state it is
your intention to make"
It is expected that this correspond
nee will create local sensation mere
&c the matter is one which will oc
.,,nv a great deal of the attention o
he approaching session of the gen
,ral assembly. AS stated, it has no
,aan given out officially either iron
he governors Office, or from the at
.orney generals Office, but the fact
are absolutely correct.
This canal question was an 1ssu
in the last gubernatorial campaign
Former Governor Blease and Senate