Legal Opinion · Dissent

Robinson v. McGown

Supreme Court of South Carolina

Decided April 12, 1916No. 9376Published

In the Originar Jurisdiction. January, 1916. Application for certiorari by T. A. Robinson and others against R. M. McCown and others to determine the validity of election proceedings. cite: As to meaning of “old county:’’ 93 S. C. 217. Legislative construction: Civil Code, secs. 634, 637, 639, 641, 642. Second election within four years: Const., art. VII, sec. 2; 79 S. C. 414; 102'S. C. 255. Order for election: Const., art. VII, sec. 1. reviews 93 S. C. 217, and submits:…

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In the Originar Jurisdiction. January, 1916. Application for certiorari by T. A. Robinson and others against R. M. McCown and others to determine the validity of election proceedings. cite: As to meaning of “old county:’’ 93 S. C. 217. Legislative construction: Civil Code, secs. 634, 637, 639, 641, 642. Second election within four years: Const., art. VII, sec. 2; 79 S. C. 414; 102'S. C. 255. Order for election: Const., art. VII, sec. 1. reviews 93 S. C. 217, and submits: That where the provisions' of the Constitution are doubtful, or its meaning not clear, the proceedings and debates of the…

1Dissent

Circuit Judge Moore,

also dissenting. I concur in the opinion announced by Mr. Justice Watts, as to the proper construction of the words “old county.”

The issues arising in this proceeding include questions as to the constitutionality and legality of the attempted formation and establishment of the proposed new county of McCormick out of portions of the existing counties of Greenwood, Abbeville and Edgefield. The constitutional questions involve the proper construction of the terms “old county” and “new county,” as used in sections 1, 3, 4 and 5 of article VII of the State Constitution, but…

2Cases cited1 opinion

  1. Rhame v. DurantSupreme Court of South Carolina · 1912

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