# State Ex Rel. Richards v. Moorer

> Supreme Court of South Carolina · October 12, 1929 · 152 S.C. 455

URL: https://www.frixlaw.com/law-library/cases/3886341

## Case

- **Full name:** State Ex Rel. Richards v. Moorer Et Al.; State Ex Rel. Farr v. Same; Johnson Et Al. v. State Highway Commission Et Al.
- **Court:** Supreme Court of South Carolina
- **Decided:** October 12, 1929
- **Citations:** 152 S.C. 455; 150 S.E. 269; 1929 S.C. LEXIS 239
- **Precedential status:** Published
- **Opinion:** Dissent by Henry
- **Judges:** Stabrer, Judge'Townsend, Messrs, Cothran, Beease, Bonham, Townsend, Henry, Chiee, Watts, Carter, Wieson, Si-Iipp, Sease, Rice, Mauedin, Dennis, Johnson, Grimbaee, Ramage, Featherstone, Mann
- **Cited by:** 63 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3886341

## Opinion text

Mr. Circuit Judge Henry
(dissenting) : In concurring in results in the opinion filed by Chief Justice Watts, we only wish to remark that two errors or mistakes have been made — one by the legislature, the other by the Court:
(1) By the legislature. In its effort to confer a great benefit upon the State by road building, in tying two plans together, to wit, the Staté and district plans, it has formed a
knot,
which, if cut, must be done by the exercise of the exclusive prerogative of the legislature. The knot makes the so-called Act inoperative for that reason. The will of an executive has to be exercised before the so-called Act can be made effective. The legislature has overlooked a very simple principle in physics — that two equal bodies can
*566
not occupy the same space at the same time. The very meaning of
an- Act
is something done, accomplished, finished.
(2) The Court’s error is in the discovery of a political division of the State that is not limited by the provisions of Article 10, § 5, and outside of the pale of the Constitution, resulting in a riot of bond issues, thereby leaving the taxpayers the minority without protection, the only purpose or necessity for a Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3886341. Public record. Not legal advice.