The Pickens sentinel. (Pickens, S.C.) 1911-2016, 1916-04-27
ATTORNEYS ATTACK LEGALITY
OF THE Observation-Disclosures
BY PEOPLES.
DISPATCHES FROM COLUMBIA
ooinos and Happenings. That Mark
the Progress Of South Carolina Peo.
pie, Gathered Around tho State
Capitol.
Columbia.

d. flenuerSOn or Charleston for all ,
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. II. Smyth Of the
Charleston bar. The state officials |
were represented by w. H. Townsend
OF the Columbia bar and Thomas II |
Peoples, attorney general.
The arguments by the attorneys for
both sides contained many points and
authorities
The demurrer Of the attorney gel-
eral charged that the petition did not
state facts sufficient for cause OF
action.
After hearing the arguments the
supreme court took the case under
advisement.
In the argument by the petitioners
attorneys 1t was charged that the
Laney-Odom act violates several sec
tions of the state constitution.
In his argument to the court the
attorney genera! stated that the pc
titfoner "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 eor 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 posi-.
ton to ask this court to consider or
determine the constitutionality Of this
act. The attorney general also
. stated that tho respondents would
! welcome a decision from the court
constituting the act in question and
directing them as to their duty there
under"
y "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
1t 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 out OF part Of
York. Chester and Fairfield counties.
Opposition to the appointments OF the
commission was expressed at hear.
in held several days ago before the
governor when several hundred citi-
zens from TIE three counties were
; present, mtst Of them urging that the
: commission be created
1t is understood that action will he
brought In the supreme court to test
the copstitutionaity Of the act aimed
at Ill shaped counties. Advocates Of
the new county to be known as Ca
tawba, told the governor at the hear.
ing that he would not be asked for an
election order until the petition was
accompanied by decision Of the gu.
preme court on the i'll shaped county
act. which was passed by the general
assembly in 1912.
Court Readmits Lawyer Sims.
G. P. Sims of Spartanburg has been
readmitted to the practice OF law in
South Carolina by the supreme court.
Iie was indefinitely suspended by an
order fled in April. 1914. The order
renstatng Mr.. Sims was signed by all
Of the justices Of the supreme court
Governor Names Education Board
The terms Of the old members hay
ing expired Gov. Manning appointed
new safe board OF education. The
'eW members are: Henry Nelson
Snyder Of Spartanburg, S. II. Edmunds
II Sumter, Arthur Young OF Charles
on. j. Derrick OF Newberry, NJ. j..
hcGarity Of Aiken. T.. A. Montgomery
II B'acksburg and W. l.. Brooker Of
'lore"@s. Members retiring are d. b.
eruifoy, s. Meg Slmkins. d. W.
'arie' A.GG Remfert w r Koon