Legal Opinion · Dissent

State ex rel. Attorney General v. Platt

Supreme Court of South Carolina

Decided November 23, 1870Published

These were petitions to the Supreme Court for writs of mandamus: in tbe case first stated, to command the Hon, Zeplianiah Platt, Circuit Judge of the second Circuit, to hold the Courts of General Sessions -and Common Pleas for the County of Barnwell, at the town of Blaclcville, in said County; and, in the second case, to command N. G. W. Walker, Sheriff of said County, to keep his office, as Sheriff, with its books, records and papers, and office furniture, at the same…

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These were petitions to the Supreme Court for writs of mandamus: in tbe case first stated, to command the Hon, Zeplianiah Platt, Circuit Judge of the second Circuit, to hold the Courts of General Sessions -and Common Pleas for the County of Barnwell, at the town of Blaclcville, in said County; and, in the second case, to command N. G. W. Walker, Sheriff of said County, to keep his office, as Sheriff, with its books, records and papers, and office furniture, at the same place. Under the provisions of two Acts of Assembly, one passed 2d March, 1869, (14 Stat., 202,) and the other approved 26th…

1Dissent

Moses, C. J.,

(dissenting.) The Constitution of the State denies to any Bill passed by the General Assembly “ the force of law,” unless it shall have been read three times, and on three several days, in each House, has had the Great Seal of the State affixed to it, and has been signed in the Senate-House by the President of the Senate and the Speaker of the House of Representatives, (Art. II, Sec. 21.) A restriction thus far is imposed on the action of the Legislature.

The Constitution requires, too, not in fact the aid or co-operation of the Executive in the enactment of laws, but it imposes,…

2Cases cited1 opinion

  1. Hunt v. Van AlstyneNew York Supreme Court · 1841

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