Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-01-10
MUST PRODUCE BOOKS
Supreme Court Files Mandate In
Columbia Canal Case
INVOLVES Big MONEY to The STATE

Preliminary In Important Litigation
Results Favorably to the Common
| weaIth-court Decision Would Put
\ tho State in Position to Learn Where
! Il Stands.
The decision Of the state supreme
court, in the canal matter, which de-
nies the petition for an injunction re-
straining the company from presenting
the books, records, etc, for inspection,
is far reaching. This is the Columbia
Water Power company matter. 1t fol-
lows:
Opinion by Justice Frazer
Three questions are discussed IN ar
gument, and only these need be con-
sidered:
at. In the argument the plaintiffs
complain that Article III, Section 13, is
violated by the act in question, and
that the act provides greater punish
ment for refusal to answer questions
that may be asked Of the witnesses
than the legislature can impose This
court can not assume beforehand that
the committee will attempt to exceed
4 its constitutional powers. We cannot
/ assume that committee Of a co-ordi-
nate department Of government Will
4 perform an unconstitutional act, or do
an act in an unconstitutional manner
"'2. II Section 13 of Article III does
not have the conclusive force we con-
tend for, the question remains as to
the power of the legislature to investi-
gate and punish for contempt and to
exercise such power by committee
I'm the case of ex parte Parker, "A
South Carolina, page 470, this court
said:
1.-The power Of the general assembly
to obtain information on any subject
upon which it has power to leg1slate,
with a view to it's enlightenment and
guidance, is so obviously essential to
1.-THE performance Of legislative func-
tions that it has always been exercised
without question:
"The legislature frequently needs to
4 know the existence or nom existence OF
i certain facts as basis of legislation
There is a legitimate use the legisla-
4 ture can make of the facts in this case
and we can not impute to the legisla-
ture an Interior purpose in passing the
act complained of, or that it will make
an improper use Of the information
when secured.
"'3. The act Of 1918 violates section
"a (subdivision 81 of Article III of our
constitution, since there is a general
law under which the purpose OF the
act of 1918 can be accomplished, SO
4 far as 1t is constitutionally permissible
1.-The existence of the general law. es;
1tablishes the violation Of this section.
1.-The record does not show that there
are other grants Of the state that may
come under investigation and there
fore there is no apparent scope for a
general law. The appellant insists that
the investigation is in aid Of the liti'
CATION now pending between the par
i ties to this suit This ignores the dis
tinction between a judicial and lesls-
llative investigation. Inasmuch as the
plaintiffs .concede that there is no"
Iample provision for the judicial inves-
4 tigation, we must conclude, as we are
bound to assume anyway, that the In
Ivestigation is designed by the leglsla-
iture to furnish the basis Of future leg
islation.
1.-THE molten for injunction Is refus,
ed and the complaint is dismissed"
Documents Demanded.
The following is a list Of the docu-
ments, deeds and papers which the
commission asked to be produced oS
the canal authorities:
/. The agreement Of date the 9Th OF
April, 1905, between the Columbia
Electric Street Railway, Light and
Power company, a corporation OF the
state of South Carolina, and the CO.
lumbia Light and Power company
CORPORATION of the state Of South Caro-.
lima.
| "2. The deed Of conveyance OF the
Columbia Water Power company o.
date the 1st Of July, 1905, to the CO.
lumbia Electric Street Railway, Ligh'
and Power company, made in accord
| ance with the above agreement
"3. Also, all agreements for the sup
plying Of electric power generated o'
the waters flowing through the Column
bia canal at the date Of said agree
ment, to wit: April 6, 1905, and the
date of said deed, to wit: July l. lsoe
"a. Also the contracts held and hae
by the Columbia Water Power com
pany which were agreed to be ano
were assigned by the Columbia water
Power company to the Columbia Elec
trio Street Railway, Light and Power
company for the furnishing and sup
plying of electric current for mills, in
stitutions, public works, private enter
prises, and to all and every other en-
terprise to which they were supplyint
power at the time Of said conveyance
and assigned by Endorsements or b!
any special contracts in writing b!
which said agreements were received
held and operated.
"5. The assignment Of the interes
of the Columbia Water Power compa
ny in and to the west shore banks
which were held in trust for certain
purposes mentioned in the trust deeds
made to the Farmers Loan and Trus
company Of New York and to the Loar
and Exchange bank by the Columbis
Electric Street Railway, Light ant
Power company, with regard to In
Identifying the city Of Columbia ant
the payment of interest on the cana
bonds, of date of July, 1905.
&c. That he produce the origina
agreement between the Columbia Elec
trio Street Railway, Light and Powe
company and the Columbia Wate
Power company, dated July "a. 1902
which concerns and relates to the, con
tract with the South aCrolina peIliten
tiary. of date the 26th day Of May