The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1916-04-26
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ANT|.C0MP ACT.
ATTORNEYS ATTACK LEGALITY
OF THE MEASURE-ANSWER
BY PEOPLES.
DISPATCHES FROM COLUMBIA
Doinss and Happenings That Mark
the Progress Of South Carolina Peo-
pie, Gathered Around the State
Capitol.
Columbia.

B. Henderson Of Charleston for an
order to prevent the attorney general
and the insurance commissioner from
enforcing the terms Of the anti-com.
pact fire insurance act was held be-
fore the supreme court.
The petitioner was represented at
the hearing by T. Moultrie Mordecai,
J. N. Nathans and A. T. Smyth Of the
Charleston bar. The state officials
were represented by w. H. Townsend
of the Columbia bar and Thomas H.
Peoples, attorney general.
The arguments by the attorneys for
both sides contained many points and
authorities.
The demurrer of the attorney gen
eral charged that the petition did not
state facts sufficient for a cause Of
action.
After hearing the arguments the
supreme court took the case under
advisement
In the argument by the petitioners
attorneys it was charged that the
Laney-Odom act violates several sec
tions Of the state constitution.
In his argument to the court the
attorney general stated that the pc
titioner "has not shown that he has
been injured or is threatened with
any injury by reason Of the enforce
ment Of the act of 1916 to prevent
fire insurance companies or associa-
tions or partnerships doing a fire in
surance business in this state to enter
into any compact or combination with
any other fire insurance companies,
associations or partnerships, approved
March 2, 1916; and he Is not in a posi-
ton to ask this court to consider or
determine the constitutionality of this
act. The attorney general also
stated that the respondents would
welcome a decision from the court
constituting the act in question and
directing them as to their duty there
under"
"The provision" said the attorney
general, "for violations Of the act is
germane to its subject, and the act
is not to be considered as unconsti-
tutional because there is no allusion
to these provisions in its title.
"The fact that penalties are i'm.
posed for violation Of the provisions
Of the act does not render these Sec
tions void as being without title; for
it would be natural complement to
the act regulating the business of in
surance TO include any just and prop
er provisions for enforcing the duties
imposed upon the persons and COM
panies affected and to prescribe pen
alties for the violation thereof"
Attorneys for the petitioners con.
tended that the anti-compact law con-
fers upon the insurance commissioner
both legislative and judicial powers,
which under the constitution, can
only be respectively exercised by the
legislative and judicial departments
of the government Of the state" It
was also charged that the act de.
prives the petitioner of the property
without due process Of law"
VIII Investigate Catawba County.
Gov Manning will appoint COM
mission to investigate the matter OF
forming new county cut of part Of
York, Chester and Fairfield counties
Opposition to the appointment of the
commission was expressed at a hear
in held several days ago before the
governor when several hundred citi-
zens from the three counties were
present most of them urging that the !
commission be created.
1t is understood that action will be !!
brought in the supreme court to test
the constitutionality Of the act aimed
at iii shaped counties. Advocates Of
the new county, to be known as Ca
tawba, told the governor ct the hear
Ing that he would not be asked for an
election order until the petition was
by a decision Of the su-
preme court on the i'll shaped county !
act, which was passed by the general
assembly in 1912.
Court ReaGjd;ts Lawyer Sims.
c. P. Sims Of SCartanburg has been
to the practice of law in