The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, November 25, 1891, Image 4

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The Press and Banner.!.., tl: . - I BY HUGH WILSON. -t rt Wednesday, Nov. 25, 1891. bi - - K< w Twelve Pages. % | ABLE STATE PAPER.; *>' ti COMPREHENSIVE REVIEW. I I It* _ - - It f PC SI RECOMMENDATIONS FOR THE CONSIDER- u, ATION OF THE LEGISLATURE. j* ' te la Message of Governor B. R. Tillman. hs Presented to (ho General As- 11 nembly. Xovrinbrr 31, 1H91, Gentlemen of the General Assembly: Ti Another year has come and gone. bringing at the period for the representatives of the peo- tli pie to meet and perforin their lunctions as a to part of the government; and, ns required by 01 the Constitution, it is a duty imposed upon at the Executive to "give to the General Assein- ri bly information of tiie condition of the .State, ui L and recommend for their consideration such cc measure* ns he shall judge necessary or til F- expedient."' 11< The reports of the several heads of depart- Fi PS ments and Executive Boards will furnish full tu & Information and detailsconcernins all state ci institutions and the several departments of f \ the State governi'tent. v But I will briefly or v? condense such information as I deem most hi important, and which will nld your honor- In r,\ able body to grasp tho Kener?| situation in ca the State and condition of its institutions. so Finance*. ?t S?\ The reports of the Suite Treasurer and )v. *!' ? fionoKil ar? verv full ftml Corn Iprehensive. aud an examination of them 111 will give a clear understanding of the State's rc finances. The condition of the Treasury is . v better than it wns last year, but is far from al being satisfactory. I desire to compliment Treasurer Bates for '"V the clear and comprehensive manner in l" which he has set forth the condition of our ln \ finances. It is so plain that the dullest can U( > comprehend it?a criticism which does not s,l.: ! . apply to some of his predecessor's reports. ,, jSt I will only give a brief summary, so that r Kp you can gather the general situation. cu RECEIPTS AND .EXPENDITURES. til ? Cash on hand October 31,1890 S 77,91.1951 \{ . Receipts, all sources 1,073,752 98 c|, * Total SI,151,696 01 f Expenditures S1,0S7,081 S9 Balance October 31,1891 61,615 02 W; * " si] Total SI ,151,696 91 pl The following is a comparative statement w between 1890 and 1891 as to cash on hand : al 18ft0. [\\ Cash balance October 31, 1890 ..S 77,943 93 Outstanding warrants 41.802 82 Net cash balance S 30.14111 Borrowed money fA-500 00 lt f Overdrawn ou banks 22,800 00 Due by State October 31, 1890...S 73.300 00 ' Less cash 86,141 11 be b> Leaving net debt, October 31. in 1890 S 87,158 89 tb "I IISW. cu Cash on band October 31, 1801 $ Ci.Glo 02 J''*; f- Less outstanding warrants 14,250 83 Net balance S 50.304 19 Add balance paid for 189U 37,158 89 j*h' Difference In favor of 1S91 S 87,323 OS jjj: f, Here is a comparative statement ofliabll- oe i Hies or floating indebtedness, which may be i pt called for any time : m 1JMMK ? DEBTOR. t'< Cash liabilities, October 31, 1890 S 4S9.197 33 b> of Net debtor ? 411,2o-"? 40 ih IK CREDITOR. Assets, October 31,1S90: ^V; Cash in Treasury 77,91;? 28 wi E&- Itemized as follows: o* NOVEMBER 1, 1830. etJ ? ; Assets in cash, October 31,1890: Hj Cash balance, October 31,1890 ? 77,943 93 S As follows: OI , General account 5 3.943 uo I Department Agriculture.... 33,622 27 , Sinking Fund Commission 39,337 40 In Redemption deficiencies.... 1,Ml 20 'I' yt Total . S 77,943 93 in Current liabilities, in cash, Octo- l'1 jfc> ber 81, 1896: cr fe Interest due and not called for 177,878 84 cl< K?.: Loan (interest to be included, (i< 5500) 50,000 00 It' P Department Agriculture, due on ai department warrants (since paid) C,047 02 dt Department Agriculture, applied tii to Clemson College 15,000 0 > ir Sinking Fund Commission 39,337 10 as Interest on bonds not yet funded... 94,326 <x) le Unpaid balance of appropriations.. 10(5,608 07 fa S 489,197 33 if 1801. Cash liabilities November 1.1891 S 428,232 83 w Cash assets November 1,1891 64,615 02 tfc fc\ la Net cash indebtedness S 363,017 81 te E i V As shown In following: ir ?.v* ? w ABSTRACT CASH ASSETS A.N1I LIABILITIES, NOVEMBER 1, 1891. rc (?' Assets in cash October 81,1891: Caxb balance October 31, 1891...$ 0-1,015 02 a( As follows: le r General account 22,876 49 |? Department of Agriculture 1,114 .'>2 a, fc Privilege fertilizer tax 187 50 k( r.; Sinking Fund Commission 31,010 31 13 Redemption deficiencies (sales <; Blues) 90S 97 lt ?Clemson bequest, cash 5,247 78 tr Excbeated property, cash 2,061 <M s( Downer Fund, cash 517 78 n Total S (H,015 02 p' CURRENT CASH LIABILITIES OCTOBKR 31, li 1891. f, Interest due and not called for S 178,990 64 P' & . Interest on bonds not yet funded, U after funding 93,893 43 *J Sinking Fund Cotumlssiou 31,010 34 P Special accounts reserved 9,332 42 a; Unpaid balances of appropriations 110,000 00 u i P J&'; S 428,232 83 ?! The following Is an abstract of liabilities ? other than cash, 1st November, 1891. (Bond S| debt:) U rC Total liabilities 1st November, 1890: k ?f Cash liabilities $ 489v197 :K ? If Liabilities other than 7, cash 0,433.517 72 v, SO.922,715 W. cl Cash assets 1st November, 1890 77,91.?. 93 <; ci Net indebtedness 1st '* November, 1S90 SO,844,771 12 " = ? Total liabilities 1st November. 1S91: Cash liabilities S 428.232 84 'b R& Liabilities ottier than e cash 6,406,'!06 (X) s: ?V SC,S34,S3S 83 tl K Cash assets 1st Novem- tl ber, 1891 04,615 02 tl e Net Indebtedness 1st a November 1891 $0,770,223 81 il jv During the year the o Sinking Fund Com- n mission lias pur- ii chased and retired o Brown Consols r amounting to 5 26,911 72 tl d ABSTRACT OK LIABILITIES OTHER THAN* il CASH, NOVEMBER 1ST, 1891. P Brown Consols S5.393.076 70 a Ulne 4 1-2 per cents 400,000 00 c Brown 4 perceots, ls90 29,390 70 t Agricultural College p Scrip - 191,800 00 1 ' Deficiency Stock out- t standing. 71? 72 c Bonds and Stock still e fundable In Brown j t Consols, less invaSi, . lidity, dc 391.614 S8 t 56,406,600 00 l The following extract from the Treasurer's r Report calls attention to matters which are 'H , of great importance, and I cannot better pre- f ? -sent them than in the language of tbat ofllcer: c m?i?' niriiHTiii ?i ?ii ri ' "I bes leave to call your attention, and th ' tho Legislature especial I}*, to the lact- th ic State owes a lar^e floating debt , est I mat i , f27I.S90.07 of past dm* interest alone. I des unpaid appropriations asset forthabov ui to the timber fact that Ui? so-calli Yeast) ry Reserve Fund' is practically a my ^presenting for the most part ileots and n .edits of the State. The Sinking Fund pi on of what constituted the original 'Tres ry Reserve Fund,' amounting to Si(i,Gl7 hen the Act was passed in IsSii. has sin ?en expended, as I understand, under hu jverniug tnc muKiug r uuu. m pu.vinuni. arranls drawu against It by tlio Honrd ammisslonersof the SinkingFund. The* -ft tax fund portion under Act of IS: noiin ting originally U>S?9,'2U 39, (theamoiii ceived from t'ongress,) lias been reduced 8,453.77 by payments upon t lie war rat) Is le Governor to parties to whom it belong* uder tlie law. "The interest on the unfunded bonds hi en reduced gradually, as the funding rown Consols progressed, to as ( mated. But it should be borne in mind tin lese are in a sense debts the State owes, a: > not constitute a fund practically held i serve in the State Treasury. ' The only available way to create a resen nd is to raise actual money by taxation i i* the sale of State securities and then ho in reserve lor the special purposes tor whit was created. A reserve lund is really nee 1 to meet the realty large floating debt of tl ate, composed principally of past due, bi :iea!led for. interest,-and Interest on unfun 1 bonds, estimated to be S271.890.07, besld ipaid appropriations. It would perhaps b< r satisfy the people of the Slate If the Leg! ture would have this reserve fund iuves ited by a competent Committee." The "myth" or mystery of this "Treasui eserve Fund'' has long puzzled many t iles the State Treasurer. The Act of December 22, 1S80, creating tl reasury Reserve Fund, set apart s-.j72.i21.: id required "That said fund shall be held I ie Treasurer of ttie State of South Carolln i be used In payment of all interest due u i the bonded debt of the State and appropi ions made by the General Assembly: I'r rffc/. There be no other funds in the Tren y applicable thereto. And when taxes a illectedand paid into the State Treasui ie Treasurer shall at once, from said colic mis, replace the amount of ssiid Keser and which has been used. * * * Sal nd to be used and replaced as herelnbefo: reeled in each succeeding Ilscal year. Now, these figures either represented ca? they did not; and it the money was then is been since spent in excess of the reeeipi Dm taxation, it should appear. If the mum ,u be honestly accounted for, it will be urce of satisfaction to kuow It. Therefore rdially join In the recommendation th ups be taken to thoroughly investigate tl hole matter. It is idle to coutinue to ket is mythical" fund 011 the books of tl reasury, and the Act creating it should I pealed. As will be seen by the Comptroller Genei 's Report, there is an increase 011 the asse* I value of properly this year over last of Si' [),218, and that othcer deserves commend on for the zealous and unfliiichini; munn which lie has endeavored to ferret out tii >dgers and make them share the burdens < ipportlug the government. The law pr des that property shall be assessed at i eal market value." And, while this is dill lit of accomplishment, the Comptroller an s subordinates are none (lie less bound li eir oaths to carry it out, as far as practic e. It cannot be done in one year, or in th id there is neither sense nor law for tl nim that it must be done "all in one yeai not at all. Ills like requiring a child I iilk before it crawls, or remain torever in tl adle. There is, and always will be, great ii [uality in taxation. Much property will a nys escape entirely ; but when it can t lown that any one species of property aced 011 the tax books at its "selling vaiue e have gone a long way towards bringing 1 up to that standard. We have begun o e railroads aud banks. Justice demanc at we go through the whole list, and I joi e Comptroller in asking that provision t ade tor a reassessment of land next yea i this connection I would urge tne necessu r a change in the County governments an le mode of assessing property. County Governments. Theonice of County Commissioner shoul abolished, and in place of it a governmei townships substituted. Three iutelllger en iu each township, elected by the vote] ereof, should be entrusted with the mar ;etueut of the roads and bridges, scbooii id the assessment of property in the saim le Chairmen of these local Boards shoul nstitute a County Board to mnaage ll; >unty rinauccs, audit accounts aud order e: nditures. The salaries, if any, paid tlm iwnship Commissioners, or Selectmen, cai i determined by the voters or fixed by lav le Constitution can be changed to a bo I * e ottice of County School Commissions id these changes will Inevitably result ... eat saving to each County, while there wl ( a corresponding increase in eflicieniM operty will be assessed at its real value, an IIIIouk now hidden will be made to pay it are or taxes. This County Hoard should a constllute the County Board of Equaliz; >n, instead of being appointed as at preset: the Auditor. In this connection I suggest the propriet requiring all notes, &c., to be stamped b e County Auditor and placed on tax bonk make them collectible by law. Make tl >te shaver or lender pay taxes as wel I as tl: nd owner whoso property stands in it ime while he perhapsowes as much as it ortli. Equity would require that a man d let his debts from his properly and pay la 1 the remainder. This is tin practicable, bi is better that property shall be trebly ta: I, both debtor and creditor paying, than tin ? rfnhtar innst n.iv double, as he is oblige do anil the creditor pay nothing, as is it ten done: Defaulters. The investigations by different officers d? g the your have brought to light the lu at the "incipient rottenness" charged la ar as existing in the government wis not ytb. A shortage of ?5,528 was discovered i >e office of the Adjutant and Inspector Gei al, a like deficit of SU30 in the account of tl erk of the Penitentiary, and theComptrolli eneral has found shortages still unsettled I o Treasu:era'offices of Charleston, Sutnn id I'nion. aggregating Sil.OOS. That offio ys in his Ki-port that there had been a got al of money made good of which no met on Is made, and that In nearly every Counl regularities and errors existed, the amouu rgregatlng upwards of fJO,000, which he c< cted aud turned into the Treasury. Thei e the fruits of an examination of the bool r one year only. \\' hat would be uneartlu the investigations were carried baek seve years, is leit to conjecture. The Asylum. At ycur.last session a special Commits as appointed to investigate the affairs lis institution. This Committee began 1 bors in April, and, after taking voluntai stlmony from some of the employees of tl istitution, adjourned without completing 1 ork. They found, as I afterwards learne lat one of the inmates had beeu allowed stain a pistol in his possession, and other r rehensible irregularities. Shortly nftc sirds this same patient, ninde a murderot ;sault ou one or the attendants, and the me ir being called to my attention I immediat r summoned tin Committee to come ba( nd conclude its labors. Two of the met ers, Dr. Strait, Senator from Lancaster, at r. Goodwin, member of the House fro reenvilie, responded ; and as I am, und le Constitution, charged with the appoii: lent of all officers and employees of the i itution, I went with the Committee nnd * lade a thorough and searching investigatk lto Its management. A stenographer w [nployed, who took down all important tc mouy. a part of which will be printed f our Information to accompany the report le Committee. We found that there hi een very lax discipline and negligence, atti utable to the Superintendent, Dr. P. E. Gr n; and afterniving that i-eutleman an e ortunity to disprove the charges mai gainst him, which he refused to accept, I as removed and the institution placed tei orarily in charge of Dr. Thompson. Tl jrrespondence in the case is on tile in tl Ixecutive oflice for the inspection of ai lember of the Genaral Assembly who <i Ires to read it. My insight into the concl on and workings of the institution ai nowledgeof its wants was largely increas y this personal investigation, and I can rc: rate, with confidence, the opinions aud a ice given in my inaugural address as lianges in its management. The present Superintendent, Dr. J. W. 15n jck.an accomplished and thoroughly ed uted specialist, who was appointed in* J11 ist, and assumed control ou August 15, li lade some suggestions in which I hearti ccur, In reference to the admission of f entsand to other matters connected wi He institution. A Joint Resolution was passed last Decei er, authorizing the appointment by the K eutive of a special Committee of three pli icians and two citizens wiio should exami lie patients in the Asylum and reporl as lie number of imbeciles and harmless lui ics who could be more economically suppo d at the County i'oor Houses. I have nev ppointed this Committee, because! felt ill I. was an unnecessary expense. and becau f the fact thut the laws governing the ii lission of patients to the institution won ti all probability result in the speedy retu f such inmates to the Asylum. Hut at n equest the three physicians of the instil Ion have made an examination into the cc ition of each patient, with a view to obtal lg this very inlorniation. Dr. Babeock's ort is given here; aud it will bo seen that hese inmates coming under this descriptli re returned to the Conn tie/ whence th ame, the expenditures for maintenance In; Asylum will be largely decreased aud ireseut strained accommodations relievi )r. Babcock advises that the power be giv he Superintendent and the Hoard of Pliy iaus to examine patients applying for i iilssion when sent to the Institution und he existing laws, and that their rejection Mowed, if there is not conclusive eviden hat they are proper persons to be admittf 'hat there sre abuse* under the present I net hods, and t-iiatihe charity of the State iDused under the preset).'., system, is beyo : doubt, but ills suggestions v/JIJ secure a rom that will relieve tho S/.u{,e pf ijn uni essary burden. ? 4 at.! OFKICK OP SUPERINTENDENT at; South ('a koi, in a Lunatic Asyi-um, l'iI (,'oi.umiiia, S. (j., Nov. 21,Iffill. ie- To llir Krccltnnc)/ It. II. Tilman, Governor of ? ,; Smith Carolina : eil i Sir: I tins! that there arc now in the Asytli, luin twenty-one white male patients and ot twenty-seven colored male patients of the >r-1 harmless class who may he cared for by i*- friends, or In County I'oor Houses. In the .IS absence of Dr. Thompson, I cannot give you ce an accurate list of (lie female patients. I am vs . sure, however, that the total number may be of' reduced considerably below seven hundred,? of j say six hundred and seventy-Jive. II-1 Respectfully, -I. J JA.MKS \V. BABCOCK, Supt. 'Il | There are now 7-8 Inmates In Asylum. Attention iscalled to the fact that County J, I Commissioners in several Instances have re;u I fused or neglected to obey Section 135 of the General Statutes, requiring imbeciles to be I removed fmm the Institution when uotifled ln j by the Superintendent. An instance of tlag;s* j rant disobedience to the law occurred in OctollJ ber last, in Charleston County, notwithstand 1,1 jini; there was a special Act p:issed In 1SH4 1,1 looking to the punishment of the CommisI sloners of that County (see Section 5, pace "e|Si8. ActslKSI,) if they fall to obey Section 1395. i'f ] Having elsewhere called Httention to the lull1 I tilit.v of the hope of convicting County ofli' ' eials under certain conditions, this fact Is "* mentioned to show the necessity of granting "* to the Kxocutive the power of suspension orj 111 removal for certain offenses when the law Is "" thus flagrantly violated. As the question of the support of paupers is thus broached, I in, corporate here certain Jacts ln reference to tlie Poor Houses of several Counties which I "* obtained through their respective Auditors. 2" '~wi ~ 1 | :l V-i COUNTIES. ? - f c . " KEMARKS. p- M S ?P I na ** \<< rr? N * Abbeville S1,77X 91 j *-' Aiken .. 1,523 44 '? Anderson...)... 2,Ui)0 o?| ?a Barmvell i... COO 00! ru Beaufort j... 3.019 84| Berkeley [... 0,540 21 Expended for poor. Charleston..;...! 440 OOiExpended for poor. * Chester. ;17> 1,500 (Ml! ? Chesterfield; 5 450 oo; * Clarendon...'...; 500 00i 1 Colleton I... 450 OOiExpended for poor. i L>arlingn>u 1.300 00 Expended for poor. ;lt EdgctleTB 26 1,350 00! J* Fairfield 15 2,3til 38 '"P Florence !...,' I Georgetown j...! 1,500 00 Had P. H. to July, '91. ,e Greenville...;32 2,500 10 . Hampton.... ... 500 oo; r~ Horry !...; 1,350 00 . Kershaw |.?; 1,750 00j Lancaster.... ... 2,25-5 Oo! ' " Laureus 250 00; .. Lexington...!...; 000 00 Marlon 2,500 00 Marlboro I 7 1,000 00 '. Newberry ... 14 1,000 00 fy Oconee 12( 4S4 83; Orange burg * . 1,275 00! " H Pickens J Tax lexy y, mill. !f Richtaml 22 4,Of,o 00 ;" Spart'nburg ..| 3,000 00; Sumter i 5| 1,390 00 .,7 Union !... 2,0i.i0 00 Nearly. Will'm&b'rgL.i 771 00 York !...' 504 901 l,1 It will be seen that the Counties of Charles>e tou, Colleton, Hampton, Williamsburg, Floris enoe, and Berkley, have no Poor House at all. notwithstaudidg Section S78, which is mandaii i?ry, requires the County officials to provide n one. This accounts for the large number of Is oatients (making It virtually a Poor House n for that County) from Charleston who are >e dumped on the Asylum, and emphasizes the r. argument auvancea in my inaugural icijuiiy inn each County to support its own Inmates d in that Institution, The County of Richland follows the same method to some extent, although it has an Alms House in the city of Columbia, costing SI, 130 annually for support, j There is no tillable land belonging to it,as rc.. quired by Section 878, Revised Statutes. Richland, with a population of 3(5,8)0, has GO , inmates in the Asylum, being second on the ' list. Charleston has 103, while its population * is 09,S3". Spartanburg has 42, with a popula' tion of 65,381: and while this County spends J S3.000 on paupers at home, Charleston spends e SHO. Comment is unnecessary. Before dismissing this matter I would call |e attention to the unreasonably and unaccouniable dlfleernces in the ainounl of cost for f Poor Houses in the different Counties. J1 The I'enilentlnry. si The Report of the Hoard of Directors and II Superintendent show this institution to be in a healthy condition. The number of cond vicls this year is 793, as compared with Till > last year. Attention has been paid to the I- sanitary condition anil the proper dielintr of ?- the prisoners, the good results of which are it shown in the decrease in the death rate, which facts are very gratifying. The financial condition is as follows: I., Ex hi ii tr A.?A Statement of Cash Recelvie ed and Disbursed at South Carolina Penitenle tlary During the Period Beginning January Is 3rd, 1891, and Koding October 31st, 1891. DEUTOR. ex To amount received from T. .1. Llps it scomb, former Superintendent, as ? balance on iiand January 3,1891 S 4,017 03 it Toatnouut received fur convict hire.. 25,022 14 'd To amount received for sales Cotton >o und other farm products 21,510 70 To amount received lor Sundries at prison, brick, ?&c 1,'JIO 87 To amount, received for Sundry Stopr. pages, Fines, dc 801 SO ,.i To amount received lor sale of Husst iery Mill Machinery 3,000 00 "tt To amount received for Transporta? lion new Convicts, November and ij. December, 1S90 326 38 lt. To amount received for Transportasr tion new Convicts, 3d January to31 u October, 1891 2,531 30 er To amount received for visitors'fees.. 425 10 SU1.03S87 CUEDITOIl. ts By amounts paid per itemized state>1 moots se Debts of Former Administration S -I.OOo 33 ts Pay Rolls?Prison, Farms, and otber 'd camps 14,722 44 r- Subsistence 13.232 17 Incidentals? Wood, Coal, ?Ssc., Jfcc 4,S3G 53 Siloes 1,46S 30 Clothing 542 5s fjp Hospital Supplies 425 38 0j- Hoard of Directors 1,180 i9 ts Transportation new Convicts 2,53190 P?. Tranportallon Discharged Convicts... 777 87 j'e Materials for New Hospital Buildiug 235 ?i tfi Material and Supplies for Water ,j Wheel Well C67 40 id Ammunition and Supplies used on e. Canal 1,913 39 ,r_ Payment on DeSaussure Farm 2,990 09 Ciemson College, pay rolls and exlt". penses 2,S)7S 74 0? Balance, Cash on hand 8,130 95 'n. 801,938 87 id assets ('ash on hand S 8.4HC 03 m Aniounldueb.v sutler dry con tractors for it- convict hire 5,300 00 n- Estimated for Cotve ton unsold lo,000 00 as ?28,7:10.115 or This result, which not satisfactory, is in no 0f wise attributable to the present managelcl ment, which hus accomplished ail that was rj. possible considering the adverse conditions If. under which the institution has labored the whole year. When the present manage[jt. ment asssumed control It found contracts exl)C isting with the Cami I Trustees nnd the nwn?. trs of the latins worked on shares, which l,t. they were obliged to fulfill. Experience soon lie showed that the compensation allowed for jy the work on the canal was barely enough to Ic- Pll>"for l')e maintenance and guarding of the [j_ prisoners in it, and allhough a little advance 1(j in the rates was obtained the work lias yielded ed very little or no profit. It. The farming operations, owing to extremeid ly unfavorable seasons and the low price of to cotton, have also left a very small margin. The caual is completed, and it Is sale to say b. that It has cost t.ie Stale of South Carolina u. not less I hau $>00,000. Th.is amount she has |v presented to the City of Columbia in lieu < ! UK 000 horse-power developed at the I'eniteiitily ary; but we will hope that the increase in >a? property values, which are expected to result tjj from the development of the water power, will in time reimburse the State. There is one contract for a year still to be fulfilled, the 'X_ work be I ut; on shares, but the Directors have |y. decided tl;at In future they will only faun i,e j out the convicts lor a net sum per capila to 1,, contractors, and they will bend all flieir enorgies in farming to the development of the rt?i state farm in Sumter County, known as the er Desaussure Place. ^ Phosphate Commission. id- In accordance with a provision of the Act ild creating the same, the Phosphate Com misrti sion. of which the Executive is exujflciu a ny member, was organized in .January last, and Lu- we made an extended and thorough investl>ii gation of the phosphate Industry. The n- amount of capital iuvested in this business re- is very large, and no conception of the inif genuity displayed in adanting means to ends [in and in overcoming difficulties (at tirst glance ey I seemingly insurmountable) can be obtained of'without a personal inspection of the work, its ]t would be time and money wejlspent If tlie ;d. j General Assemby could make a tour of the en river phosphate works nnd judge for themsl selves of the vastness and value of the depos.id its. such a visit would aflord more informalerltlon in a day thnn could be derived lu any be other possible way In any length of time, ice and it would be of lasting benefit to the State, ;d.: for the In formation obtained would be thus ax ; disseminated over the State, and tlie people i Is at large come to understand, at least in a dt nd gree, what a valuable heritage we have In re- these beds. There has never been tiny systele mane or sensible control of the industry, and 'aire idy Irreparable damage has been done in permitting the minors lo roam nt will an pick about, mining lor the rich pockets an beds most easily accessible. In thinkingove the conditions surrounding the industry an | proper course to be pursued In its inatiag( I incut, I have always deemed it esse mini l tin i there should be a survey of the phosphat j territory, but a personal investigation shov j e l that such a survey, to be of any valui would require a large outlay and much tiini Therefore it was deemed best by tlie Commit Hioii not lo undertake it with Hie mean placed at our disposal, viz., Slu.iiuo, Till amount would hardly have been suflicient t give us a dredge adapted lo lest even th shallow streams with less than twenty fet of water, and when It is remembered tha most of the estuaries emptying Into St. He en a Second and l'ort Iloyal Harbor are ver deep, and I hat much of the rock mined h:i been raised out of water over forty leet 1 depth with an overburdcu of sand of hot six lo twelve feet thickness, the obstacles i the way of a survey can be readl ly seen. W lound that in order for the Inspector to exei cise any intelligent supervision ol the tnin ing, and to enabie him to see that the roya ty was honestly paid, It. was absolutely necef sary to provide some means ot water trans portat ion; therelore we used part of th money,?2,313.30, in purchasing a small steal launch for his use. The balance of theappri priation Is still in the Treasury, but owing t an omission in the aopropriation Hill th I Commission was forced to borrow enoug j money to pay the salary of Inspector .Jont and other expenses. This money was kiudl loaned us by the Carolina National Bank c Columbia without interest, and provlsio will have to be made lor its payment. Th amount is S2.801.-I4. On the 1st of March in accordance with th instructions of the Act creating the Commli sion, we took possession of Coosaw River an issued license to mine therein to three con: panies. Two of these entered the river, bi itoi-ii jjn Inl n wl In iho ITnllpri Ktnli'S Court b Judge Simonton. He took advantage of tli (act that the Phosphate Commissioners wei treated as individuals rather than as Stai officers, although he knew they wereStal officers, to grant the injunction. As the public prints have given full a< counts of all subsequent lit Nation and tli present status of the Co.isaw case, I shall lie mention It further thau to say that whll there Is a decrease in the revenue cons quent upon the stoppage of the Coosaw Con pany of $.Y2,fi.'tl>.60. we feel that the State is t be congratulated upon the present status, u there Is every reason to expect that the Ui Ited States Supreme Court will sustain tli view already expressed In Ihe decision < Chief Justice Fuller and the suit be term nated early next year. The price of phosphate rock continues big and as soon as work can be resumed in Coi saw IUver there will be an Increase In the ii come of the state from royalty more than su llcient to recoup us for the little loss we hav sustained in maintaining the right of tt State tocont.ro! herown property It would h wise, In my opinion, to give the Commi<sioi the power to Impose a graduated royalty ti correspond with the prices of rock, and als to permit It to fix the royalty on rock I streams other than Coosaw at a less rate tha lor that river. Some of the rock Is of lo grade, and some of the depositsare very hare making mining difficult. Therefore, a fixe royalty for every locality precludes prol table mining In many streams if concession are not made to the miners. It would al> be better when Coosaw River is opened to a[ portion that territory among the dlfl'erei persons applying for a license and requli them to mine over the whole ullotted terr tory. We have found, by the report of Ii spectnr Jones, that under the management ( the Bureau of Agriculture. Conimisslonc Butler and Mr. Roche, the different comps nles, notably the Coosaw, have been pay in less royalty than the law requires, by reaso of not making due allowance for the moi lure expelled in drying the rock. How muc of this, if any, can be recovered will have t be determined by the Courts If the Attorne General shall deem it wise to enier suit. Tli loss to the State thus discovered has amouu ed to Sl:U,351.til since mining operations wer itncrim iimi sSG.:!T3.59 since the estabiishmen of the Agricultural Department in 18SU. Th difference,ti.45 percent., between the amoun of moisture actually expelled and that whlcl the companies have allowed, amounts fo liscal year to more than 511,000, and as th present officials cannot be held responslbl for any quasi agreements or neglect ou tli part of their predecessors, payment of til I sum will be demanded, and, II necessary, er rorced In the Courts, while we will In futui require payment on the basis of SI.10 per to for dried rock. Before leaving this subject I desire to mei tlon the importance 01' some steps belli taken to prevent the damnue now res ill tin to the Stale's interests In the Ashley, Stou and Edlsto Rivers by the dumping of the di | bris or tailings into those streams from tli works of the land miners. Some time atio adiliessed a communication to Capt. F A Abbot,U.S. Engineers, at Charleston, asl iuu for Information as to the tilling up < these streams by reason of this debris bein emptied thereir. He replied that he had r ported to the authorities at Washington In r< gard to Ashley River, but knew nothing < obstruction to the other streams im>nilntie< and informed me that Congress, last Deien her, had passed an Act prohibiting thedumi Ing of such material into navigable stream The State's interest is to prevent her phoi phate beds Irom being buried so that the cannot bo protitably mined, and Unite States seeks to preserve the navigability < rivers. But for fear the United States auiho ities may not press the matter I call it I your attention. Educational. The Report of the state superintendent i Education makes a full exposition of the coi dition of the educational institutions of tl .State. Our free schools are not In a satlsfa tory condition, and never will he until tb present unwieldy, irregularly shaped distric are subdivided, and small, compact ones sul [stltuted, 1ij which shall be permanently loci ted one school house for each race. This the basis upon which local taxation supplt menting the two-mill tax can erect a sclux system thai will accomplish the ends desire* and until it is done little or no progress wl be made except In the towns and thickly po] ulated sections of the couutry. I would urjyou not to adjourn again till ycu take up th matter and perfect the law. The Stale is making a lar greater outlay fc higher education than some of her sIsU States, but the common free schools alone ai accessible to nine out of ten children withl her borders. They should receive the foste ing careot the General Assembly, and I kuo' of nothing which would give the cause of e< ucatlon such an impetus. Tlie South Carolina ColUtse. This Institution, which has been in exis ence for nearly a century, and which holds very warm ulace In the heart of every intell gent Carolinian, has beea reorganized und< the Act of last December. As was expectei I ?I*'> itniw/ii'tilfv Uiwl /ithiM'PilllKf I Wf UIUIIKt- ljUHiauiiiiv,io?^ H.IW w?..v. have lor the lime being caused a decroa.se i the number of students, only ninety-six ha' ing thus far matriculated for this session ; In the College lias an able and loyal corps or Pri fessors, thoroughly imbued with the purpo> to make it a first ela s literary institutioi Its standard has been raised, and we have e' ery reason to hope that in a very brief whi! it will assume and occupy its rightful place i the head of such institutions in this state, cannot refrain from expressing regret that f much money has been wasted in the pai three years for the salaries of Professors an tutors who had no pupils, to the neglect* the buildings and library. There is dilapidi tlon every where about the Institution and woful lack of modern books in the librar; It is to lie hoped the General Assembly wi act liberally, so as to put the buildings in r pair and supply the more pressing ueeds < t lie library. Jn this connection I would direi j your attention to,the feasibility and desirabi ity oi lighting all the .State institutions in il j city, the State House, the Asylum, the Sout I f. mil il, the Kxeeutive Mansion an I tin* Penitentiary, from one p'ant, locate I either on tlie canal or ut the Asylum. 1'liei is already located at the Asylum an electri light plant which is ruu every night in tl: year. Its cost, per annum is S2.2UO, without a ! lowing for wear and tear. The cost of tta lights at the State House this year lias bee ; upwards of S1.2U0, the gas hill at t lie Kxecutiv j .Mansion is over $100. while the Penitent iar I and College have no lights whatever. It isei tlrely practieaiile by a small outlay to ii crease the |>1 lit at the Asylum so as to fu nish lights for all these Institutions at an at I iiual cost not exceeding the |ireseiit expense i I have In my possession estimates which (can submit to the Committee 01 Ways an j Means showing ihe practicability of the Stal | furnishing its own lights and saving nionc i thereby. J liavu durinir the year visited tlie f'ltadi I Academy, Clatlin College and the Cedn .Springs institute. All of tliese institution I are in good condition, and, so far as I coul ' see, admirably conducted. i The Citadel has recently had the burnt u in | rebuilt, and lias been put in thorough repai throughout, and lias laid the foundation of j handsome and useful library. Tlie Cedar Springslnstitute is a credit to tli stale. It lias such an atmosphere of love an ; kindness about it that it does one good to si it. Its management reflects great credit o | tlie Hoard of Commissioners ami the zealot Superintendent. I think Ihe General Assen ! lily can conlideutly grant all the money as! ed by these gentlemen with the assuranc that it will be used judiciously. If Hie tic electric plant is purchased lor the publl buildings in Columbia Ihe present one in us I at the Asylum would be ample lor the Cedu : Springs Institute. <'Iemsoii College. i As a Trustee under the will of the late M , Clcmson, I naturally feel a deep interest i this Institution, and it must be gratifying t the friends of agricultural and industrial et ucation to know that, although the building are not near completed, the roll of applicant fur admission to tin: school alicady number 87i>. j There had been spent up to the end c the fiscal year, October :ll, lMi'J, in the eiectio of buildings S17,0Sii :;.j and during Ihe liscn year ending October 31, lsfll, $l(Xi,127.Ut>, tnak lug a total ol S124,213.61. owing to the larg number of applications which poured in la* Spring, and which have continued up to date the Trustees felt that it was obligatory upoi | them to enlarge the plant so as to att'ord tli t ' ' - r*-:* . '' v :> > . 1 fl ^ necessary accommodation's; and this has nec- ^ tl d j essarily Increased the cost above previous es- h r timates. After a careful and thorough can- h d vass of the material on hand, with tl.e work p J- remaining to be done, Il is found that ?05,000 ; t: it more will be needed to complete the building 1 el e and partially equip the college. As we are: p 1 building a school which evidently supplies a n ' I long felt want, and the State is receiving a lib-1 cl J. eral amount oi money fioin the I'nited States ? i* government for Its maintenance, we bavejti s | deemed it proper to build substantially andas tl is cheaply as possible while providing all mod-1 s< o em appliances. These include heating, cooke inn upparat.us, water works, electricity for \ it lights, power and the study of electrical engt- r< it necring. and everything else which will be u I- necessary for the largestand best agricultural, si y mechanical and industrial school In the v. .s south, F n The announcement has been made that the n n school will open in February, but I think It tl n hardly possible to open that early, unless we g e have an exceptionally tavor&ble Winter for g r- building. Owing to the fact that we have Is] - been unable to sell the Agricultural Hall, the I n 1- Trustees are now out. of money : and in order ! b 5- not to lose time or allow Injury, which would \ >- necessarily follow cessation of work, we have] ii e borrowed $20,000 on our individual notes with d u which to prosecute the work. I Informed you tl y in my inaugural address last December that I; o it would be possible to build the school with- tl e out taxation but It would take two years todo t; h It, and it will depend upon the action of the t< 'S Legislature whether the school shall open in tl y March or not. A >f The estimated income which we may expect li n to have for the next year is as follows: \\ From Hatch Fund $15,000 00 l! !G From Morrill Fund 15,000 00 ? s- Land Scrip 5,750 00 n d Ciemson Estnte 4,500 00 ? Privilege Tax 40,000 00 v y Total 580,250 00 " e There are two unknown quantities in this n e estimate, the Morrill fund and the privilege t< e tax. Tiie privilege tax for the present year A e has been S53,280>5; but when we remember g the present Ipw prices of cotton and the prob- n e* able falling off" in the consumption of tertll- r ie Izers, It is not safe to calculate on more than I >t 840,000 privilege tax next year. The Morrill d e fund was accepted by the'Oeneral Assembly r e- last year and equally divided between Clem- t i- son and Claflin Colleges, but Secretary Noble t o lias refused to pay over the money on that ba- n ts sis and the matter will have to be decided by a Congress, and It may result in a refusal to ac- t ie cept the terms offered by the State. In this r event the income of the College will be much i- less. A careful estimate of the amount necessary to run the College with upwards of (iOO h students, together with the experimental sta- v 0- tlou and the necessary expenditures for the c 1- inspection nnd analysis offertilizers and the s f- other work of the old Agricultural Bureau. 0 'e shows that it will take not less than $65,000. u ie Therefore, we say that we cannot both build >e nnu run tno school without, neip. n is en- f, 11 llrcly practicable to finish It and equip It j '? without, a dollar of taxation It the opening Is b o deferred a year; but can we afford this? v n Shall the regiment of young men and boys n who are waiting to enter Its portals be forced ? w to seek schools elsewhere or lose valuable t I. time while waiting for the opening? I am u d perfectly well awnre that this is no time to ^ ask for an increased expenditure of public 0 is money. The depressed condition of our agri- c o cultural interests, the hardness of the times, r >- admonish me that we should practice every ? it possible economy to reduce the burden of tax- 0 'e atlon to a minimum. But. it would be econo- e 1- my and wisdom too to formulate some plan t i- by which the Trustees might be able to bor>f row this money, complete the school and t >r open its doors to studeuts in March. In a few ^ *- years at most the surplus revenue of the Col- ? ig lege will be ample to replace the sum now w ti necessary. I have laid the facts before you, a s- and trust to your enlightened wisdom tode- L h tide the quest ion. a o Before leaving the snbjpct of the College, I | y would state that for the purpose of complet- t e ing the building and pntting the farm (which | t- is almost wholly a forest from which the a e wood has been taken to burn brick) In a con- ^ it eltlon for agricultural use. we will need fifty s e convicts for at l^ast another year. The bal- j, it nnceof the convicts will be returned to tfoe c' ti Penitentiary at an early day. And here I v t may call your attention to another important j e matter: that is, the regulation or definition of j e tlieconditions to be complied with before a n e student can be admitted to this institution (, is without paying tuition. The scholarships at J >- the Citadel Academy are awarded to boys sup- ^ e posed to be too poor to pay. and the law re- r u quires a tuition fee of 840 at the South aroll- ? na College, and at Clemson of all students c l- wbodo not come under this class. Complaint j g has reached my <?ars that advantage has been s R taken of this provision, and that there are 0 now students both In the Citadel and at the v South Carolina College paying no tuition, but t ie whose parents are able to pay. I hope that ? 1 legislation will be had clearly defining how v <. the matter shall be determined so as to pre- t c- vent the State's generosity from being abused. ? if g The Industrial Scliool Tor Women. 0 j. By Joint Resolution of the Legislature the ? sf Executive was authorized to appoint a Com- " j mission of Inquiry with relerencc to the es- w nl tablishinent of an Industrial HchoQl for Wo- *j j. men. The Report of the Commission has ' ... been submitted and is before you forconsld^ eration. No argument Is needed to enforce 1 y the Importance of this subject. The Report P d shows an overwhelming burden of testimony * fmtn (.vr.prti: Iii favor of the union of Indus-1" r- trial and normal training: in connection with 1 ;o ? sound scholastic education. In fact, teach- e Ing Is one of the most comprehensive and useful forms of woman's industry.and,on the B other haud.it Is important that our women 1 teachers shall also be Industrially trained In 81 3f order that the elementary teaching of useful P f,. Industries may be gradually introduced into 11 ie our public schools. In the South especially c_ this union of Industrial and normal educa- ? ie Hon is strongly comm.mded by the greater w ts economy of lounding and maintaining one tj". rather than two Institutions where so much ? would be in common, as well as by the greater v ls advantages offered to pupils of selectinsr a either of these branches, or of combining the ? two, In the same institution. The Report sub- >< I mils the substance of the several offers made c( ?{ by different towns of theState'for the location c! p. I of this school, and thedeinlied bids are on file ^ "e lor your examination. Thenumberaud charjs j acter ol these offers, coming from all parts of * the Slate, show the wide Interest of the t>eo- w ir pie in the subject, and are a pledge of its sue- a .r cess and usefulness. More than one ol these u I offers should suffice, If-luIly realized, to se- " j, | cure the building and necessary equipment ot lj r. the school without a dollar of first cost to the w Slate. It would be only necessary then to b j. provide for Its maintenance. 1 recommend " that an Act be passed providing forthelounilatiou and future liber.il support of a State 11 Industrial and Normal College for Women, > eondltloued upon the acceptance and fulfill- a t- ment of some one of the offers referred to. I '? a concur with the recommendation of the Rel I thai I ho Inr-atinn of ihp I'llOOl be left fOl" P ?r future selection, after careful inspection of e j,! the several bills as offered and guaranteed to li ;s the State. Authority should be conferred, on P n the acceptance of such oiler, to proceed at J* p- once with the work of preparation so as to M it I open tliis school at the earliest possible day. " n-[ I would say. further, that after the Clemson V le j College shall have uotten well under way and f[ 1.1 equipped, in four or five years al most, there n v- will be enough money now going to that 1 le'school to run it and also this girls' school it without taxation. We have every reason to c I believe tnat such a school will be as popular ' o as Clemson College and meet a want long felt. ? st As a preliminary step, I urge that the State, t; d by Act of the General Assembly, adopt the C it Winthrop Training School, name and all, as < its Normal College, and provide for Its amal- I a gamation with the Industrial College as soon V as completed. The reasons for this are these: J-'j II | The I'eahody Fund is to be distributed In 1897, ' ! e-t and It will be given as endowment for teach- <1 :>fi er-trnlning schools nlone. it tne siate taxes :t this action I have every reason to believe that I- t lie Pen body Trustees will handsomely endow s ie the proposed college. " ii ? ii Removal from Oflicc. 1 .0 In my Administration of the Executive St- tl lc i flee I have found things in a very muddled o icjand unsatisfactory condition as regards the n i > powers and duties of the Governor In the ? ~j matter of removal. I will briefly outline the tl '. existing stalus and the defeets iu tlie law, so ,Kj that the General Assembly can seethe im- C v" j portanoe of legislation. Article 2. Section ill, p j. of the Constitution reads as follows: e; ,31 "Olilcers shall be removed for incapacity, <> r_1 misconduct, or neglect of duty, In such man- V j~ | tier as may be provided by law, when no n s~ ] mode of trial or removal is provided in tills r< f [ Constitution " si j I Provision is made for impeachment of Exe- a e | culive and Judicial ollicers, or for their re- u j moval by tlie Governor on tiie "address" of two-ihlrdsof each House of the Geueral As- c< ,i sembly. si "r The General Statutes, Sectlyn 2335 provides: rl k "Any public oflieer hereafter to be elected or u j ! appointed whose authority is limited to a sin- T gleelection or Judicial district who shall be n ? guilty of any official misconduct, habitual n [r negligence, Imbitual drunkenness, corruption, a ..traud, or oppression, shall be liable to Jni dictnient, and, upon conviction tiiereof, shall ti e lined not exceedingone thousand dollars, and ! n ; imprisoned not exceeding one year." ,ei The matter of removal or suspension is ? treated in some instances vaguely, in ottiers ,ji ls explicitly, iri Sections 1)1,-i-"?I.-1T7.tJOl,7UII,(mod j u ilied by Act of 1S90), (il-'i, ln-j'l. 12S<?, 200tt, 'J.Wj, | u j. 123?i and 'J-Vil, and these embrace everything j d ,c i on the subject that I can lind in the law. A G lv. careful examination of these several Sections ! in c' shows that the power of the Executive to en- ei : force the execution of the law, or to protect U| ir the public interests in case of "Incapacity, pi I misconduct or neglect of duty," is very small. < u i Take the case of such officers as come under I L>i j Section 2'i-Vi. There must be conviction by ajir 'jury belore the Governor ecu interfere, nl-j r. though lie have positive evidence of guilt; m uiuud when it is remembered that seveial ot^sc o Hie ollicers mentioned assist in drawing tlieiir I- Juries before whom they themselves are to be. ;s tried,it will bo seen tnat tiiere is something j in s tareical about the business, and, in fact, while ' c< s there have been comparatively lew cases of S[ oflicial malfeasance or misconduct made pub- sj if lie In our State, there is not one instance of " n conviction of'which I have any knowledge, I p( il Srctlon 12, Article 13, of the Constitution 11? provides; "He (tiie Governor) siiall take care! iv e that the Inws be faithfully executed iu mercy.", j,. t The Anglo-Saxon race tins ever been Jealous ! ,j, >, of ihe prerogatives of the King. Their do- hi ascendants in America are equally watchful b|, e against oflicial tyranny, but it Is easy to show | ' ? 121 jhi i jww>i < nirji; _jjl.'.'L ml therein no possibility of the Executive living the laws 'TiiUhfully executed" unle.-s is hands are str< nciliened. The exerrise of ower always Imposes responsibility, and Its ;rannlcal, abus- by the Governor can be lieckcd or* punished by 1 in peach men t. Then j ubllc opinion as ex preyed at the ballot box ffords a speedy corrective for any wron* to a Itizen which the Executive may do; buti hetber it Is better to risk abuse of power by ! -.< Executive or continue lo rely on laws; lat are Inoperative, Is lor the General As-1 iinfoly io determine. i I will illustrate. Take the case of Sheriff LcTeer. of Hampton County. The Governor reived information that a prisoner who was nder arrest at. his house in Brunson for aslulta.nd battery with intent to kill, and for 'horn a requisition from the Governor of lorida had been granted for the crime of lurder, would be allowed to escape. He nollled the .Sheriff and warned him to be on his uard, but notwithstanding this the man did el away; and while the Sheriff's illness posIbly caused the escape In this Instance, Is It Kasonable to think anything would have een done about it? Then the case of the Clerk of Court in Lexus:ton. Evidence (an acknowledgment uner ins own signature, in my office.) shows iiat Uils officer was a defaulter as long ago as ?st May. Xothing was said or done about it [11 after the September Court. except the pary to whom the money was due entered suit ij recover, When hlscase was not pushed at lie Fall term, he came to ine for redress. The ittorney General visited Lexington, and jund the Clerk's office In a bad condition. ?ith large land sales advertised for the follow!ig Monday. The Grand Jury, which necesarily knew of the shortage, had failed to lake any presentment, or to mention the patter; ana had not the Clerk, who appears nfortunate or careless rather than criminal, oiuntarily sent in his resignation, there was bsolutely no remedy under existing laws, nd he could have sold the land, pocketed the noney, and held the office against any proest till next term of Court. The General assembly have a choice between two evils ivlng more power to the Governor, which nay be abused as against a few men, or pernitting things to remain as they are, to the Djuryoi me puuucat large, ana proaucing lscontent and a demoralized condition of the lubllc service. If given authority to correct liese evils. I will do it fearlessly. If it is bought better to trust to juries drawn by the nen who are to bo tried, I am content, since ttention has been called to the matter and be people can understand where the blame ests. Charleston SapcrvJsorMbip. At your last session a law was passsd providing lor an entirely new registration in the Ity of Charleston, under special Commlsioners. The reason assigned were, that the Id ;reglstration wns largely fraudulent, and inder it many citizens were disfranchised. The work was performed in a highly satisactory manner by the three Commissioners, lessrs. Williams, Small and O'Neill. Hut efore it was completed (May 3Isi) complaint /as made to me that Mr. W. P. Cantwell. the iupervlsor of Registration for Charleston :ounty, into whose custody the new reglstralon books were to be delivered, was a man inwortby to hold so Important a trust. Iharges were preferred against him of dishonrable and unfair conduct in holding a Demorniic primary and a request made for his removal. Upon investigation I found that ,'antwell was holding, at the time, the office f Clerk to the Board of County Commissi jnrs as well as that of Supervisor of Reglstraion. Section 91 of the Revised Statutes provides hat this officer "shall continue in office till lis successor shall be appointed and shall ualiry; ana lie snail noi oe eugioie 10 any iiber office during the term for wblch he Ir ppoln ted." While I knew that the Supreme tourthad declared this provision of the law gainst nls eligibility unconstitutional, beieviug that the Legislature which enacted he law clearly intended that a Supervisor of legislation should not hold any office while cling sis Supervisor, I promptly removed liiu ou that ground ; and though I did not 0 state, I may as well say that I was also trgely influenced by the belief that the harges agaiust him were true, and that he has not a proper person to bold the office, tecognizlng his right of appeal to theSeuate, 1 he so dessred, and learning that he denied ny right to remove him, I appointed Mr. reo. W. Will lain*. Deputy Supervisor and orered the Special Commissioners created by kct of December 21,1890, to turn over the new egistration books to him. This they did, ud Mr. Williams held the office and disharged its functions until Judge Wallace (in une) issued a peremptory order for him to urrender to the Master, Mr. Miles. This action on the part ol a Circuit Judge nsao extraordinary proceeding, and, while lie matter is a trivial one and might be disnissed without a second thought, there is Inolved a principle of vast importance should he dangerous precedent thus established be llowed to go unchallenged. lu my opinion Judge Wallace presumed vermuch when ho undertook to review the ction of the Executive at all, unless there ad been a clear and unmistakable usurpation f authority on my part. But when he trains the Interpretation of a statute In orer to give excuse for interference with the Executive, and at the same time usurps the unctions of theSeuate to accomplish hlspurose, it Is time to treat the matter gravely, t is. I think, easy to show that he has done oth. Article 1, Section 20, of the Constltulon of South Carolina declares: "In the govrumento! this Commonwealth the Legislate, Executive and Judicial powers of the overninent shall be forever separate and disInct from each other, and no person or perdiis exercising the (unction of one of said Deartments shall assume or discharge the dules of any other." Here is clear and emphatic demand against ne branch of the government intermeddllug ith the other. Section 91, Revised Statutes, provides: "The loveruor shall appoint, by and with the adIce and consent of the Senate, if in session, nd if "hot in session, subjcci to the approval f the Senate at lis next session, and subject ) removal by the (joverror, by and with ihe :>nsent of the Senate, one competent and disreet person as Supervisor ol Registration," c. This language appears very plain, but Judge taiiace aid not interpret it as i uiu, or uei 'ould have refused to hear arguments gainst my action. Let us examine It The overnor Is authorized to appoint Supervisr.S but the Senate mu*L approve. He is aulorized to make such appointments while jeSenate Is not in session, but must submit Is appointment to it when it meets. He lay remove his appointees (for cause, of aurse, however trivial or unlawful to other 1 ilitis than his own,) and once removed the illy power that can reiustate him Is the Sente. Judge Wallace contends that the power t removal cannot be exercised unless the enate Is in session. If this is a proper Interrelation, the Senate alone will hold the powr of removal, and not the Governor ; aud if le Governor Is allowed to appoint during a eriod when the Senate is not in sesiou sub:ct to their approval, Is it not clear that he as expected to exercise that power in the it!iier 01 reixiovui uisor n uuo ihuhkiuu as necessary to guard against a vacancy ioil) death or other cause, is not the other ece.?sary to Insure the proper execution of lie law ? Judge Wallace's decision paralyses the exeution of the law should any .Supervisor reuse or neglect to obey it. Take the case of f. T. Alefclroy, Supervisor of Laurens Conny. The Senator and Representatives of that ounty asked for his removal on the ground f drunkenness and neglect to open his ollice. removed him, but had he appealed to Judge /nlluce he would have been reinstated beiiuse forsooth the Seuatc was not In session ! (>e proposition is so absurd, and its conseuences, if allowed, are so monstrous, that it almost impossible to refraiu from charging lie Judg?5wlih partisan usurpation of the i nate's prerogative for the put pose of bringii/ the Executive Into contempt?an evasion f the elmriy defined powers "and duties of woco-oiuiuaee brandies of the jjovernment -for he not only "assumed" to dismiss one of lie Governor's appointees. Deputy Snpervisr Wliliams, but to reinstate lije officer remved, W. 1*, Cantwell, which power vested ilh the Senate alone. And how did he do ills ; by what authority ? An appeal has been taken to the Supreme oii:'t. I cannot pretend to urgue ihe law olnts Involved, for 1 am no lawyer: but an xamimitlou ol' Sections 411, -182, -133 and f.'M ' f the Code ol Procedure, under which Judge I Wallace acted, will show that they appear to I ave been misconstrued or forgotten. They iter to "usurpation of office." or "refusal toj arrender" on expiration ol term or removal, nd a rule to show cause could only issue ill?r complaint and Judgment. Those Sections rcier loan entirely d I lie rent | audition ot allalrs to the one we have to con-! Ider.and are provided as a means ol celling j id of old officers attempting to nold over, not ) the removal of new ones just installed. J hey give a Judge power to install an officer; ewiy elected or appointed, not to keep In or j instate an eld one who had been removed worditin lo law. With this explanation 1 submit Ihe matter j ?Ihe cohsiueratlon of the Senate, confident! nit that body will vindicate my action as! overnor, and defend its own prewi;ativ?-s. | I am aware that ui thus commenting on a[ ndge'saction 1 may be accused of commitng the veryoU'ense with which 1 am chars-! ig Judge W allace, viz.: nil invasion of the) omaiu of a co-ordinate department of the 1 overnmeiit, Tiie General Assembly enacts iws, the Judges construe thcm.iuid the Gov-i rnor executes. To say that a Governor ould not criiicise a Judue, even on the Sureme bench, when the rights and powers of Is office are at issue, is absurd. Judges are' it men. and they are neither infallible or! nmaculate. l-'or the Executive aud Legislative depart-i ienls to submit in slavish silence to unrea-| inabie decisions would be a betrayal ol the j usis reposed in them by the people. J have obeyed the Court, and am only resist-; ig encroachment on my office. There was rtaliiiy a grave doubt as to whether my eonruction was wrong, and lie should have, ven tlie Executive inetcuelit of the doubt. Before dlsinisslrg the matter 1 desire to tint out son.e ol the consequences which ive followed, and which will necessitate medial action : Judge Wallace appears lo ive become a ware ol his mistake, for while 1 ;ciariug Cantwell the legal Supervisor (re- ' ovable only when the Senate was in ses- < nil,) yet he did not place tho registration i books In his hands. Cantwell then prepared other books and has performed the functions of .Supervisor. It aopears necesxary to pro-, vldn at once for reopening the registration hooks so as to give to those persons entitled to vote an opportunity to pet le?al certilicateB in time lui the municipal election, which forties ofT December 8th proximo. And while mentioning this matter of illegal registration. I would tali attention to the tact that In several uouuiIt's, us I am informed, a largp number of certificates bearing date July 7, 1890, were issued fraudulently after the books closed last July, ami [ recommend the passage of an Act declariurf all certificates ueiiring tu>u date me^ai in uie counties 01 Klchland, Fulrlield, Sumter and Berkeley. The Criminal Law. As tbe duties of my office bring me Into Intimate connection with the Penitentiary, and vnsif fpr nf nxrrlnnK hfiinvr Also 11 souraA nf constant labor and worry, I have bud my attention directed to certain defects in the criminal law, to which I ask your attention. "The law's delay" has been a matter of complaint forcentuiles, and there have been of late bo many instances of the failure of Justice to punish the most flagrant crimes, and, if at all, after the patience of the people has become . exhausted, that 1 cannot too strongly impress upon the Legislature the necessity of some changes. Continuances are granted upon the slightest pretext. Appeals are taken upon ro pretext at all sometimes, and crime, when backed by money, appears to override or break through the meshes of the law with impunity, thai It.ls no wonder that our citizens have at times forgotten themselves and taken the law into their own hands. I give as Instances of justice long held at bay the Turner and Senn cases fn Spartanburg, the James case in Darlington and tt^ Jones case In Edgetlld. One remedy which I desire to suggest Is, that the Juries, which i have every reasoa to believe now are sometimes tampered with or 'fixed" beforehand, shall be drawn In open Court for the next term, after the Judge In person shall have examined the boxes and seen that everything Is correct, In the prosecutloti of criminal cases the So lienor is always ai a disadvantage, ne is 01ten confronted by the ablest lawyers at the bar, who live In the County, and are acquainted with witnesses. Jurors, etc. Bat these difficulties are frequently overcome and verdicts obtained In spile of them. The main reason why so many crimes go "unwhlpt of justice" is that the cases are not properly prepared for the Solicitor by the Trla 1Justices or Coroner. \ If the office of Coroner were dignified and the salary or fees made commensurate so an to mnUe it a desirable office; if It were filled by a competent lawyer, whose duty It should be to investigate all deaths caused by violence, collect evidence, prepare the case and act as assistant prosecutor in bis County, we would have many a man convicted who now goes scot-free. Then if Trial Justices were required to attend Court aud help the Solicitor lu cases where they have held a preliminary examination, it would add largely to the list of convictions. Another abuse is, that Instead of a prisoner under sentence, and in whose case appeal has been taken, being required to be brought into Court at the next term for resentence, thus entailing expense upon the county for maintenance, the sentence should be executed as soon as the Supreme Court shall have dismissed the appeal. Then there should be strict and mandatory legislation prohibiting a Judge from continuing a case that had been once continued, except under extraordinary circumstances. A imllicr lu in mulrn If. nhlliml.nrv nnnn thn 8n preme Court 10 disbar any attorney who taken an appeal on frivolous grounds. It baa come to ttie pass tbat an appeal Is almost a matter of course, and a stay of proceedings follows. In reference to the punishment of criminals I desire to direct attention to the advantages In a reformatory sense of what Is known aa the Indeterminate sentence, which obtains under different conditions in Massachusetts New York and other Northern States. Society for its protection against crime has enacted a code of laws for Its punishment, and the primary object is first to secure the community from a repetition by Incarcerating the prisoner. The next object should be the reformation of the criminal aud his restoration, If that be possible. Under the arbitrary ipse \ dixit of a Judge great wrongs are often committed and sentences altogether out of proportion to the enormity of the crime im! posed. ) The system to which I allude provides a maximum and minimum punishment for the different classes of crime. The prisoner when convicted Is sentenced in the discretion or the insinro Kut honon hw hta hoha.vfmir In orison reduce or increase the punishment by giving, evidence of being a burdened reprobate or showing a desire to reform. Tbelawintbfs case imposes upon I he prison authorities the duly, and gives them the power by a fixed ratio, to Increase or diminish the prisoner's puuUbment in accordance with bis behavior. The offender thus enters prison with every incentive to reform and grow better. Another matter which I would strongly urge is (he incorporation of a requirement in the law that the Penitentiary Directors shall separute all criminals under the age of sixteen, and such others as shall exhibit exceptionally good behavior, from the others and * that these classes be employed on'the State farm away from the more hardened criminals. Before leaving this mutter of crime and its suppression, L will briefly recall to your attention the recent trouble in Tennessee, In which the authority of the State government was overthrown and brought into contempt. I do this for the purpose of pointlag out what some are apt to forget: that such a disgraceful condition of affairs could not happeu In South Carolina. Tennessee nun no minim, ur vuui|i<>iau>cij none, while we have an admirably organized and efficient force?amply sufficient at any and all times to uphold the dignity of the law and 10 suppress violence, and I would therefore urge that the General Assembly continue its fostering care of our raiUtla establishment. I am glad to say that during the year the law In the State has been supreme and that no person or prisoner has been lynched. The military has been culled on only twice when it was thought there was danger, bnt the presence of so many efficient companies scattered over the State tends largely to the suppression of disorder. The cost of maintain* Ing this establishment Is very trifling when compared with Its benefits. Auother matter In this connection is, that there is no provision requiring County officials 10 pay for the.services of extra deputies sworn In by a Sherriffln an emergency, and to this cause may be attributed some of the < lyncfclngs which have disgraced our annals.. I commend that provision be made for the payment of such services by the County ,v whenever the Governor shall order the Sherriff to summon such additional deputies. Rnilrond Control. Owing to a difference of opinion between* the Leuislature and the Executive at the lust session, the railroad law fuiled and it was too late to amend the Act so that I could conscientiously approve It. I may be allowed to express the hope that the differences of opinion which then existed will be amicably adjusted and a proper Bill passed. There are j?oiiie points in the proposed law to which I desire to direct attention and commend to your earnest consideration. One Is a provision preventing the consolidation of competing lines. The absorption by lease or other* wl>e has gone ou until virtually there are r>nl?7 fnnr ntlirnnil t.v?,tenis 111 the State. AB last as new lines are constructed they are bought up or leased by the older corporations, ana many communities In the State which are staggering under a heavy debt contracted to aid in the iiuildttig of competing lines are without the benefit of competition. There are many ..more roads needed In South Carolina, and they will be built as the .stale increases in population and wealth. The proper steps should be taken at once to relieve the State ol the oppression always incident to monopolies by pi even ting their absorption. The question of t he assessment of railroad property has attracted widespread attention cturlnt' the year by reason of the fact that there has been an increase in its valuation of about SS.UOO,MO. There has been complaint of injustice in this matter, hut wheal call your intention loouesiu^ic tact it will be easy to see how little foundation there Ii. for such complaint. The increase in the taxation which will have to lie paid by the railroads will approximate SltO.WKJ. Now, under existing rate", how much more do the people of South Carolina pay for the privilege of riding on railroads than the people of Georgia? I have no figures oil I his point for l his year owing to tlit: fact that several of the railroads have not reported as required by law, but the total passenger earulugs as given in the Report ot the Railroad Commission for 18U0 1s 8-'.5.52.CW).?J7. The rate islhree and a halt cents per mile. In Georgia it Is three cents, a difference of a liali cotl per mile, showlug an excess of say. one-Seventh in our State, and onc-se\ enth of the passenger earnings of our railroads Is about $^it4,G(SU lor lust year. The railroads ean pay the tax on the increased assessment, which is lar from being their actual value as shown by their own figures, and have 620-1,0U0 left which they were allowed to collect from our people because our Railroad Commissioners had no power to fix passenger rates. I think it would be wise to give the matter of assessing railroad property into the hands of the Railroad Commissioners, Instead of Imposing it. as now, upon the State Treasurer, Comptroller General, Secretary of State and Attorney General, tor the Commissioners ought to be able to intelligently deal with the question, as froiu tlie very nature of their connection with the railroads they can better judge of railroad property and yalues than the present Board, The Chicago Exposition. In May, lS!i3, will be opened at Chicago the grandest World's Fair which has Gve.- been held. The opportunity afforded of properly advertising the advantages wo have to offer for investment of capital, and for the securing of homes by those who desire them lu tins most favored section of the South, is one which is rarely offered. While the State is at present in a depressed condition from the low nrice of our staple crop, to miss the opportunl y tliu^ offered, to say nothing of the adverse opinion which would be held of our progresslveness and public spirit did we tail to seize the opportunity, would be nothing short of a