The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, October 02, 1895, Image 11
The Press and Banner
BY HUGH WILSON.
ABBETlLIiK. N. CHART)
AT WORK.
PROCEEDINGS OF THE CONSTITU
TIONAL CONVENTION.
<r -
Preliminaries Are Over ami Actual Wor
Coinin?iices?The Articles on tlie Kxecu
tlve Department.
Columbia. Sept. 25.?Special: Th
Constitutional Convention may .iu\
he said to have passed through the pre
liminary stage, and come to the con
sidt ration of actual measures. Thi
is not saying that the body has beei
i?lI*-. A most important, responsibl
ami. in s >oie respects, difficult part o
ihr .vork has been quietly going on
Every m ?isure introduced has bee:
referred to its appropriate committee
and (he number of these hasfctea sucl
as t<? entail much labor in their prope
consi leratiou. It seems to be the pui
pos? of the committees to compose an<
digest all the measures submitted and
o it or the whole, to frame provision
whir>i shall embody the best feature
of all the manv and diverse scheme
ilinc- hi-v-nifrhf forward The com
mittees?certainly the m?re importan
of them?have been very hard worked
MORE NEW PROPOSITIONS.
Monday was the last day on whiel
new measures could be introduced
Notwithstanding the number of thes
already brought forward, ther6 wa
rather a rush of them at the last mo
ment. Among them The followinj
l only are of public interest:
By Mr. Austin of Green villus: T<
require a license for carrying conceal
ed deadly weapons; also to impose i
poll tax of one dollar on all ablebod
led male citizens between the ages o
21 and 50.
By Mr. George Johnstone of New
berry: That it shall be deemed a par
of the charter of every corporatioi
created under the provisions of an]
1Am AfTAnir nVioi^aT* nrrijnt
^cuerniian, auuCIUJ yum
ed, renewed or amended by Act o
joint resolution of the General Assem
bly, that such charter and ever;
amendment and renewal thereof shal
always remain subject to amendment
alteration or repeal by the Genera
Assemblv.
That all citizens of the United State
who are residents of this State shall b
citizens of this State, andnopersoi
who is not a citizen of the Unite(
States and of this State shall beenti
tied to vote or to hold office.
That the boundaries of the severa
counties of this State shall remain a
they now are established: Provide*
that the General Assembly shall havi
the power at any time to organize nev
counties by changing the boundariei
of any of the old ones, but no ner
county shall be hereafter formed o
less extent than four hundred and fif
r ty square miles, nor shall any existing
counties be reduced to a less exten
than five hundred and fiftv SQuar*
miles. Each county shall constitute
an election district.
By Mr. McMahan of Richland: T<
empower the Legislature to regulati
the cutting of forests, to forbid the
taxing of mortgages; to authoriz*
criminal prosecution for the publica
tion of the names of persons connecte<
with indecent crimes.
By Mr. Otts of Union: To substitut*
salaries for fees in paying all publu
officers.
By Mr. W. C. McGowan, of Abbe
ville: That no woman shall legally
consent to marriage or sexual inter
course who shall not attain the age o
16 years.
By Mr. W. J. Montgomery of "^ar
ion: To sompel the children betweei
the ages of 6 and 16 years to attenc
school for not less than 24 months ii
all; to levy a tax of three mills an
nually for the support of the fre<
schools; and to increase the poll tax t<
$1.50, the proceeds thereof to beap
plied to the support of the commoi
schools
By Mr. McWhite of Florence: Tha
no portion or any iuna or iax nov
existing or that may hereafter be rais
ed or levied for educational purposes
shall be appropriated to, or used by
or in aid of any church, sectarian o
denominational school.
By Mr. Kennedy of Chesterfield: T<
make the school tax two mills, to pu
the poll tax of one dollar on all able
bodied male persons between the age
of 21 and 60 years; and to apply to th
school* all moneys derived from tinea
forfeitures, escheats, licenses and lease
or sales of public lands.
By Mr. Patterson of Barnwell: Ti
fix the school tax at three mills, an<
the poll tax (on all ablebodied mal
persons from 18 to 60) at one dollar.
By Mr. McMahan of Richland: Ti
make each county liable in damage
for the murder of any person wlthii
its bounds.
j.vj auLuun^e IUC jucgiamvurc iv cc:
tablish boards of physicians and pre
viding that no man shall be compt
tent to marry within this State unles
after a critical examination by one o
said board; he shall receive acertif
eate therefrom to the effect that he i
free from all diseases that would ren
der him unfit to be a husband or
father.
A memorial was received from se\
eral citizens of Aiken county, urgin
the Convention to making provisioi
for a pension of at least $50 per annur
to every disabled Confederate soldie
or to the widow of such soldier.
A memorial was received from
number of colored citizens of the cit
of Sumter, asking that so much of th
regulation as to voting in municips
elections as contains the provision ths
any person may vote, who, thoug
unable to read, may give a "reasom
ble construction" of any section of th
State Constitution.
THE EXECUTIVE DEPARTMENT.
The first work bearing directly upo
tVto onfiiol fwiminff of tnp TlPw Prtnct
VUV av/buai. liamiug VA kmv MVII
tution came up on Monday in th
consideration of the report of th
committee on the executive depar
inent.
Mr. Robt. Aid rich of Barn we
moved to amend by making the ten
of the State officers four years instea
of iwo, as proposed by the committe<
He made a strong speech in favor c
his amendment. He argued thath:
amendment only followed the ui
written law of two terms of two yeai
each for governor and saved the pe<
pie the expense and disturbance of s
many elections. He said the cost of
canvass to the people in lost time an
entertainment of candidates, etc , w?
more than the State and county taxes
and cited the case of a farmer in Barr
well who, while buying corn on crei
vs' .?rt -
. it, had kept six candidates and their
horses day and night.
- The chairman, Mr. Efird, of the
committee which reported the section
opposed the amendment and argued
- that the people should have frequent
opportunities to puss on the record of
A I ? * lli 1 An
T* lueir omuers, uuu rctcivc icjiuiio wn
the conduct of their atFairs.
Mr. Lowman of Orangeburg thought
that we would have better and more
- business like administrations with
longer terms.
Mr. Johnstone of Newberry said if
Aldrich's amendment was adopted he
k would supplement it with another
making the governor ineligible for
re-election. He believed that the gov- j
ernor with four years iu office and no
e re eltction to scheme for would give
v better, fairer and more conscientious
administration.
Mr. McWhito said that th? people
s desired frequent elections as they are
a compelled to elect members of cone
gresj every two years anyhow, and
,f nothing would be saved by the proposed
amendment,
rj Ex-Governor^Sheppard opposed the
, amendment on the ground that it
^ would put office holders too far be
r yond the reach of the people. It
.. would be easier to re elect a good gov
j ernor for two years than to be rid of
an incompetent one elected for a four
3 year's term, in replying to AJdrich,
s who bad said that the great reforms
s bee-un by Tillman would fail if be
had been turned out at first after two
t years, Sheppard was momentarily em
barrassed, but got over the point
neatly by saying that the people "bad
hoon ma/taln hwlipve" the second term
was necessary, for the accomplishe
ment of reforms and had given it to
s B-. R Tillman. ''I aru opposed to the
h amendment." Continuing, he said,
r that the dissatisfaction among the
5 people which led to the revolution of
, 1890, had been caused by political
. stagnation resulting from the convenj
tion system. He believed that a four
. years terms wnuld bring stagnation
f agaiu. Agitation of thought and enlightened
public discussion of affairs
. of State were the best educators of the
I people. Long terms would bring leth1
argy, stagnation, ignorance and mdifj
ference and first thing we knew every
. one would be so sound asleep that,
r "Those fellows might steal the whole
r business before we knew il.H
j The people liked to see their ofR2
cials. and hear them talk and djscuss
issues and affairs. Long terms would
} bring about another revolution. He
knew by experience th^t it was good
g for a governor that he should be
3 watched and criticized and followed
i up, and should know he would'have
j to give an account at the end of two
. years. It kept him active ^irid on the
alert. The legislative committee had
1 reported for a four yearsJ.ei m for the
s legislature. The ^-governor could do
{ nothing unless he had the legislature
3 in sympathy with him. It would be
7 better to elect a governor in accord
3 with the legislature thaft to elect a
7 governor and a legislature notinacf
cord with him.
Senator Tillman hoped everyone
X who had thought of tbe matter would
t express himself. It was conceded, he
3 urged, that prior to 1890, politics were
3 stagnant in South Carolina. The convention
system had brought about
) stagnation, and that, say what you
3 would, was the cause of the unrest and
s consequent revolution. He said that
i nothing could be healthier than pub
lie agitation and that the people want1
ed it, were going to have it and that
they did not want to return to the
5 lethargic condition that existed prior
2 to the revolution which brought about
the political stagnation of that time.
- The people wanted light and discusr
sion of public issues, and he did not,
- for one, think that there was any obf
jection on the part of the people to entertain
or to hear candidates.
He said that if the people wanted to
l restrict their liberties and their rights
1 that they might adopt this four year
l term, and that it would not be long
- before the people would a^ain be so
i dead asleep "that those fellows might
> steal the whole thing and we not know
- anything about it," and it would take
i another revolution to overthrow
things. He said that he was bitterly
J J. 11 ..1 J A 1
t opposed iu auy acuuu tuut wuuiu kuu
7 to beget indifference on the part of the
- people and that to make the terms of
, the members of the Legislature or of
, the Governor four years would be a
r great mistake. He said that if a Governor
were cussed and discussed and
3 damned it would put him on the alert
t to pleas and do his duty, but if he
- knew that all he had to do was to hold
s his job without any hope of re election
e it would be very different. He then
i, took up the question of Legislative
s and Executive co-operation, and with
a good deal of force argued that a
0 -Governor who had a legislature that
1 was not in sympathy with him was in
e a very bad fix, and virtually had his
hands bound.
o Mr. Henderson called for the yea and
s nay vote upon this question, which ren
suited as follows:
Yea3, for Four Years?Aldricn, Al
J A A A T>
>- exuuuer, asuc, au&uii, Dar>
ton, Bates, BelliDger, Bowen, Bows'
man, Buist, Byrd, Connor, Derham,
is Doyle, Dudley, Estridge, W. D. Evans,
>f Farrow, Field, Fitch, Floyd, Gage, J.
i- L. Glenn, Gunter, Hamel, D S. Henis
derson, Houser, George Johnstone,
i- McDermotte, McGowan, Patterson,
a Patton, Peiritte, Prince, J. H Read,
Rogers, Shuler, Jeremiah Smith,
r- Smoak, Sprott, Stackhouse, Sullivan,
g Taylor, G. D. Tillman, A. H. White,
a Wood ward ?47.
n Nays, for Two Years?Anderson,
ip Barry, Behre, Bryan, Burn, Cantey,
Carver, Clayton, DeHay, Dennis,
a Dent, Douglass, Efird, J. G. Evans,
V Fraser, Garris, Gary, Gooding,
.e Graham, Harrison, Haynsworth, Wfl.il
liam Henderson, Henry, Hodges,
it T. E. Johnstone, Wilie Jones, E J.
h Kennedy, J. W. Kennedy, Lee, Lowi
man, McCaslan. McKanen, McMahan,
e Me White, Mattuews, Miller, Mitchell,
J. D. Montgomery, Moore, Mower,
Nathans, Oliver, Otts, Parler, Redn
fearn, J. R. Reed, Rosborough, Rowi
land. Sheppard, Singletary, Sloan,
e Smalls, A. J. Smith, W. C. Smith,
ie Talbert, B. R. Tillman, Von Kolnitz,
t- Waters, Whipper, Stanyarne Wilson,
Winkler?(54.
11 After the speech of Senator Tillman,
n coupled "with the recommendation of
d tVift MimmitfpA fnr n t.wo-vpar term, the
i. result was expected. It will be noted
)f that most of the Charleston and llichis
land delegates voted for the two-year
l- terms for the Governor.
"S THE EXECUTIVE POWER.
> Several sections were then adopted
? without debate.
a Mr. George Johnstone asked if the
d words used in Section 9 made the mere
is impeachment of a State officer a cause
s, of permanent removal from cffice,
i- that a conviction under the impeach1
ment was necessary for permanent re'
' .'V,' S3 fci'/iiO5
moval.
Mr. Eiird claimed that ihe word
'impeachment"as u?.ed in that s-ciion
meant judgment under impeachment
and that it was not necessary to
change the phraseolojj v
Mr. Ragsdale agreed with Mr. Etird.
Mr C. J. C. Hutson off* r- d arLarnendment
to Mr. Johnstone's amendment,
so as to clarify the meaning of the section.
Mr. Johnstone asked that the section
| be passed over for a time. The re quest
was granted.
I Section 10 was passed without comment.
Mr. Roilgers propost d to amend Sec
tion 11 so as to require the Governor
to have a r< connnendaiion from a majority
of the members of the board of
pardons 1 ew)ru lr could grant a par
I don.
Mr. Efird opyust-d the motion and
took the position that the Governor
should lw ub!o t-> act independently of
the recommendation of tne board of
pardons. Tlmt the hoard of pardons
was only intended to relieve tne Governor
of ou-rous duties in ordinary
cases, but in extraordinary cases the
I Governor should be allowed toa3tas
he saw lit
I Mr. Rairsda.lt* supported Mr. Efird
in a vigorous speech.
Mr. Jolinst me offered the
correspAnditjg clause ia the present
Constitution as a substitute for ihe
whole section. He said that if the
Governor was responsible for all pardons
he should not be cumbered with
a board of pardons, on whose recommendations
he ould actor not as he
chose.
Mr. Efird opposed Mr. Johnstone's
motion. lie called especial attention
to the fact that the section required
the Legislature to provide for proceedings
under which the board of nardons
should act and he had in mind a specie?
of trial could be had. That the
present Constitution provided for no
such proceeding and that, as pardons
were now issued, more men were pardoned
because the Governor did not
have sufficient information.
Mr. B. R. Tillman, speaking from
experiences rj?W that the matter of
granting pardons had given him more
trouble than any other matter during
his Gubernatorial administrations,
and that he had no hesitation in saying
that the board of pardons would
be of great relief to t e Governor, and
he hoped the section would be'adopted
unchanged.
Mr. Sheppard agreed fully with Mr.
Tillman, and said, that the power to
pardon should be taken away entirely
or he should be given some assistance
in getting correct information upon
every petition for pardon presented to
him. He moved to indefinitely postpone
the whole amendment.
Mr. Johnstone in support of his molion
said that he did not desire the
Governor to be relieved of any responsibility
in the matter of executing the
laws in mercy. That he did not favor
the formation of a system which would
give those who opposed the granting
of a pardon an opportunity to become
seekers after vengeance.
(Jpon the question of the indefinite
postponement of Mr. Johnstone's motion
being put the motion was indefinifol
v nnefnmnvT Mr. Rndows' mo
tion was laid 011 the table.
The question was then on the adoption
of the section.
Mr. Sheppard moved to amend by
making the Attorney General a member
of the board of pardons, instead of
the Comptroller General. The motion
was lost.
Mr. Smith, of Horry, sent up a substitute,
leaving the matter of the formation
of the ooard of pardons to the
General Assembly.
At this point the discussion was adjourned
for the day.
When the Convention, yesterday,
resumed the consideration of the article
on the executive department, the
pending question was on the amendment
offered by Mr. Derham, as follows,
the purport of which was to
leave the make-up of the proposed
board of pardons, and its powers to
the action of the General Assembly.
Mr. Derham, in supporting his
amend mentt said there seemed to be
an assumption that the Governor is
worked to death while the other State
officers had nothing to do, and should
therefore be required to Help mm in
his work. As a matter of fact, the
State officers are harrassed to death by
their membership on boards. Members
should remember that the action
taken here would be final. If the
General Assembly made a mistake in
composing the board it could be easily
corrected. If experiments were to be
tried they should not be put in the
Constitution.
Mr. W. J. Montgomery offered a
substitute that the board of directors
of the State penitentiary constitute the
board of pardons, and proceeded to
speak in its favor.
Mr. B. R. Tillman said the matter
of pardons affected men whose lives
are at stake and whose cases the board
would frequently be unable to consider
in time without special meetings.
Mr. Montgomery withdrew his substitute.
Mr. Derham's amendment was then
adopted, without debate, leaving the
section as follows:
"Sec. 11. He shall have power to
grant reprieves, commutations and
pardons after convictions (except in
cases of impeachment) in such manner,
on such terms and under such restrictions
as he shall think proper;
and he shall have power to remit fines
and forfeitures, unless otherwise directed
by law. It shall be his duty to
report to tne general Assemoiy, at me
next regular session thereafter, all
pardons granted by him with the report
of the board of pardons. Every
petition for pardon or commutation of
sentence shall be first referred by him
to a board of pardons, to be provided
by the General Assembly, which board
shall hear all petitions, under such
rules and regulations as the General
Assembly may provide. The governor
may adopt ihe recommendation
of said board, but in cases he'does not
he shall submit his reasons therefor to
the General Assembly."
Mr. Derham moved to strike out the
last sentence of the section, the effect
of which would be, he said, to make
the action of the board of pardons
unal.
Mr. Meares offered the following as
a substitute:
"He shall have power to grant reprieves,
commutations and pardons after
conviction (except in cases of imprisonment)
in such manner, on such
terms and under such restrictions as
the General Assembly shall prescribe
and he shall have power to remit fines
and forfeitures unless otherwise directed
by law. It shall be his duty to
report to the General Assembly, at
the next regular session thereafter, all
pardons granted, with a full statement
! of each case atul the reasons moving
thereunder."
This proposition was defeated by a
, large majority.
i Mr. Durham's proposition to make
tlx; action of tbe board of pardons finwl
was then killed.
Sec. J2 ' He shall take care that the
laws bp fully tx cuted in mercy," was
'adopted.
| To Section 13, providing that the
governor and lieutenant governor
. shall have :i compensation for their
services, Mr T. L. Rogers proposed an
amendment fixing the governor's salI
ary at $3,000 and the lieutenant gov,
nor's at $500 a year. He said person1
ally he favored a salary of $4,000 a
year for the governor. Others he
knew thought tne pay should be less
and he had tried to strike a happy medium.
The amendment was summarily
1 killed and tbe salaries are left to be j
fixed by the General Assembly. (
Sec. 14, requiring officers to submit \
information to the governor was ^
adopted with a typographical amend- t
ment suggested by Mr. B. It. Tillman. .
Sections 15, 16, 17, 18, 19 and 20 1
were adopted withouta hitch. x
Mr. B. R Tillman moved to amend
section 21, which provides that the ]
governor shall reside at the capital
except during sittings of the General t
Assembly when he shall reside where <j
it sits, "except in case of contagion." a
Mr. B. R. Tillman moved to strike out r
this last clause, saying that if the
General Assembly could face contagion
the governor ought to be required
to do it.
Mr. Efird explained that the sent- 8
ence was not intended to allow the
governor to run away and leave the ^
General Assembly to face contagion. J
Mr. Tillman angrily replied that it
did mean that very thing if he under- c
stood the English language. At his ?
suggestion the sentence was shoved *
up into the first line to make sense.
governor's power of removal. a
When Section 22 was reached Mr.
Efird moved to take up the minority .
report, which was as follows: J
"We fully concur in the report of 1
the committee so far as it goes, but
V?ftc o/i4a/i nrtmioa. I
LUlilJEk. tUU UUUJUiibbCO UOO OVl/^u ci AJ. tt .
ly in declining to report the following 1
section and recommend that it be in- ?
Corpora ted in the report as section 22. *
'"Sec. 22. The governor shall have
the right to investigate, or to order an
investigation of all embezzlements or
appropriations of public funds to private
use by any county officer entrusted
with tne care and disbursement
thereof; and in case of a prima facie
showing of emhezzlement, or appropriation
of funds to private use, he
may suspend such officer pending a
judicial investigation, and appoint
some suitable person to perform the
duties of such officer during such judicial
investigation, and in case of
conviction such appointment shall
continue for the unexpired term.
Respectfully submitted,
"C. M. Efird,
L. S. Connor,
J. N. Estridge,
- J. T. Douglass."
Mr. Gary moved to lay the minority
report on the table:
This matter occasioned a prolonged
debate. The chief point of difference
among the members who spoke was as
to the grounds?the information?on e
which the governor should have the ?
power to remove an official alleged to 1
be a defaulter. It was thought by I
some that such a power should be lim- 1
ited and guarded?that care should be 8
taken against anything like hasty or ^
oppressive action on the governor's c
part. ?
Mr. Hayns worth offered the follow- j.
ing amendment to the section as ^
above given: r
"And in case of his being held by a
the committing officer to answer the
charge before a court authorized to try
the same, the governor may, upon the r
recommendation of the judge of the j.
circuit where the officer resides, sus- f
sur>h nffip.er np.ndinpr a itldicial ;
investigation, and appoint some snita- r
ble person to perform the duties of
such officer during such judicial inves- j
tigation, and in case of conviction such ^
appointment shall continue for the c
unexpired term." c
Senator Tillman offered the follow- c
ing amendments: ^
"Amend by addingat the end: "All
papers in the case upon which action
was based shall be sent immediately 1
to the solicitor of the circuit, who shall
at the next term of court for said 8
county prosecute the offender."
Amend by inserting on line 8, after J
'funds,' the words, or 'money held in J
trust."
I
Senator Tillman said the last amend - r
ment was necessary because judges of /
probate and masters often had in their
nands private funds?the little alls, j.
sometimes, of widows and orphans. ^
'TTnlpaq -uou arft ko biased bv nartisan -
rancor that you can see nothing but *"
opportunities for political advantages" ^
he said passionately, "I do not see how ^
you can object to the section with ^
these amendments." t
To this time the president had held
that the minority report could not be z
amended until after it had been adopted,
but Mr. Sheppard argued that as s
the report was not offered as a substitute
for a majority report, but was ]
simply an additional section proposed, i]
it was capable of amendment. The (
chair concurred in this view, and Mr. ^
Johnstone immediately submitted the j
following amendment to Mr. Hayns- j
worth's amendment:
"Whenever a bill of indictment by j
a grand jury shall have been found ]
1 against any county officer entrusted ?
1 with the care and disbursement of ?
public funds, charging him with the ,
embezzlement of said funds or appro- j
priation of them to private use, the ^
governor may suspend the said officer
and shall appoint some suitable per- ,
son to perform the duties of such of- c
fice." ^
Both Mr. Johnstone's and Mr.
Haynsworth's amendments were kill- <
ed. _ j
Mr. Glaze offered the following as a
; substitute for section 22 as reported by {
1 the minority of the committee:
"Whenever it shall be brought to j
> the notice of the governor, by affidavit, f
that any county officer or any other ^
' officer who has the custody of public
i or trust funds is probably guilty of (
embezzlement or the appropriation of ,
i public or trust funds to private use, \
then the governor shall direct the im- ,
rr><wl iofA nrpspntnf inn rtf siir?.li officer bv 1
the proper officer of the circuit in
which he resides and upon true bill ^
being found the governor shall susi
pend such officer and appoint one in t
i his stead until he shall have been ac- c
! quitted by a verdict of the jury."
As soon as this was read heads nod>
ded all over the hall and there was
a general expression of concurrence, s
The substitute was put to the house c
. and adopted like a flash after having c
I
jeen read half a dozen times for the
mlightenment of members who were
nattentive or who were prevented by fi
he prevalent confusion from hearing, b
It being then tbree o'clock, Senator o
rillman, who had expressed his satis- I
'action with the substitute, moved that b
,he section be passed over until it n
;ould be printed. ?
Mr. Talbert moved to lay this on the 1
able, complaining of waste of time e
tnd slow progress and Senator Till- n
nan withdrew his motion, remarking v
hat he didn't want to have any row v
ibout it. a
Mr. Efird renewed tbe motion to pass ?
he section over until today, when it *
jould be seen in print and members
;ould understand it better than they "
lould by hearing it read. He warned 11
;he convention that the sections it 81
;vas passing would have to undergo the
?st of the courts and that thare would
>e found rock affer rock in the way J1
)f the enforcement of the laws unless t(
he utmost pains were taken. The conmention
voted to continue the section 11
mtil today. 11
Mr. Talbert moved to take a recess e<
jut was voted down almost unani- 8(
nously. ' ' q
The Convention then adjourned till ?
.0 o'clock this morning. !
Upon reassembling the Convention ^
ookup the article on" the executive
lepartment, and with the amendments fl
J ready noted, passed it to a third ^
eadingr. l *
RESOLUTIONS OF SYMPATHY. ij,
Just before adjournment yesterday, 0j
llr. Breazeale sent to the clerk's desk C(
ind had read a series of resolutions tc
(xpressing the sympathy of the con- a]
mention with Vice President Ira B. bj
rones at the death of his daughter; f,
: iUrv ltA
)ApTC331Llg IUC carucab ULULTC 1UX bUU IC"
sovery of his wife, and aeclaring the h;
onvention's deep regret at the loss of
lis wise counsel and earnest labor.
These resolutions were unanimously
idopted by a unanimous vole. ai
DEADLOCK IN COMMITTEE. u
On Tuesday morning Mr. Otts, ris- vj
ng to a question of high privilege, of- _
eredthe following: -J*
"Whereas, the committee on coun- rj
ies and county government has been
ncreased from 11 to 12 members?an
iven number by order of this conven
ion, which ha? frequently caused a
leadlock and now a permanent deadock;
therefore, be it resolved, that the
Ion. J. W. Floyd of Kershaw be add- .
d to the committee on counties and
ounty government." ^
Mr. Austin of Greenville offered the
ollowing substitute:
' "Whereas, the committee on coun
ies and county government is com- ,
josed of twelve members, and whereas
nth this number the committee is untble
to agree; therefore, be it resolved,
hat the president of this convention ?
>e authorize^ to add one additional
nember to said committee."
Mr. Austin said he was entirely will- ?
ng to leave the seleotion of the odd *
pan to the chairman of the conven- ^
ion. He thought it preposterous and
>resumptuous for a member of one of
he two sides in the committee to try
o name the odd man.
George D. Tillman moved to table
ilr. Austin's substitute and gravely
ind pathetically gave an account of
he situation in his committeej which
ilicited roars of laughter. He suggested
that thirteen is an unlucky ?
lumber. The committee had been
joing on smoothly with six, members
or new counties and five for the old
ystem of monopoly in court houses
rhen this newcomer, Who favors the
>ld county system, came in and creat- P'
d a deadlock in which the committee ^
lad continued ever since. If the de- .
law Uii iue icpvi u ntu iuui w E&viuug,
ierce and bitter as it had been in com- ?
nittee he could promise that it will be H
i very interesting occasion. . ij
The chair asked leave to make a 5
tatement. The name of the gentle- m
nan who was made the twelfth mem>er
of the committee had been omitted ^
rom the newspaper roll used in mak- **
ng up the committees. When the r.
nistake was discovered, as a matter of J*
:ourtesy to the gentleman he was al- ?
owed to select his own committee. J9
!ls he chose that on counties it was ne- y
sessary to obtain pemission from the
ionvention to add one to the number
f that committee, which had been ?
lone. g
Mr. Prince of Anderson favored Mr.
Austin's substitute.
Mr. Breazeale offered a substitute intruding
the two halves of the com- g
nittee to make two reports and allow C(
he question to be fought out on the ^
loor'of the convention. ^
Mr. George D. Tillman said the com- Q
nittee could not agree on anything, &
lot even on its points of disagreement. w
Laughter.) a]
Mr. Otts proposed that each half of ^
he committee put up a man and let g
he convention elect one of them to fill ^
>ut the committee. a
Mr. Stanyarne Wilson objected to
his on the ground that it would force ?
he convention to a test vote before it q
vas informed of the merits of the ques- Q,
ion. iji
Mr. Otts moved to table Mr. Brea- ^
leale's substitute. Lost.
Mr. Breazeale's substitute was then
idopted.
At the night session the article on
legislative Department was taken up. q
Che re was no debate until the motion ^
>f Mr. Sligh of Newberry to make the p,
erm of Senators and Representatives S(
wo years instead of four. The amend- ^
nent was adopted by a large majority. ^
The committee had reported a sec- s(
ion giving each county one Senator. j.(
Slajor Barker of Charleston moved to g
imend by giving Charleston two Sen- jj.
itors. Motion to table was rapidly a]
massed, but, on a remonstrance from ^
Major Barker, Senator Tillman moved Sl
o reconsider. D,
- T* 1 4V?a nfinn "
major canter nuvutatcu wo juumwu,
whilst Senator Tillman and Mr.
Sligh opposed it. It was defeated by a ii
rote of 106 to 24. v)
When the 6th Section was reached, ir
Dol. Aldrich moved to amend by in- K
serting a provision that none but cl
vhite persons should be membsrs of Y
he Legislature. v;
Col. Aldrich supported his motion ir
n a strong argument, going to show cl
hat his proposition would not violate 0
he Federal Constitution. D
Senator Tillman replied, taking the U
>pposite position, and urging the dan- st
jers that would attend any such ordi- fi
"""""" * ? i VI - iL. _ j
lance. Jrie moved 10 tauie me ameuu- c<
nent. This was adopted by a vote of M
.02 to 25.
The Convention then adjourned till
omorrow morning.
The committee on corporations,
hrough its chairman, Mr. Beliinger, ^
>f Barnwell, reported an article on ^
hat subject. ~
o
If every dog hasn't had his day this m
iummer it is his own fault. There tr
:ertainly has been no lack of dog tt
lays. ^ Ig1
Course of Cotton.
New York, Sept. 26.?This was b
ar the wildest day the cotton mark*
ias seen for a long time. The cours
f the trading was full of surprise!
averpool sent us a handsome advanc
ut was completely ignored by ou
larket, which opened lower, the firs
ales of January being at 8.58. Heav
iquidation of long cotton for Soutt
rn acount depressed prices in the fore
oon, January receding to 8.53, fcu
rhen the pressure of selling order
ras lifted tne market quickly ralliei
bout 8 points from the lowest, am
ar a long time about midday Januar;
ept fluctuating quietlv between 8.5
nd .8.61, without any decided indica
on either of strength or of weakness
n the early afternoon, however, price
iddenly ljegan to harden. Nobod;
;emed able to gyre an entirely satis
ictory explanation of the course o
le buying, but there was a wild rus]
) buy cotton, and prices for a whil
?med to be a matter of secondar
nporiance. mere were occasions
alts in the rise when a reaction seem
1 imminent, but the advance wa
x>n resumed and was not finall;
tiecked until January had sold a
.81, just 28 points above the lowest o
le day. Realizing sales on a larg
sale by a prominent local trader caus
1 January to recede to 8.73 in the las
fteen minutes. The close was steady
ith January at 8.74 and 8.75. Thi
ade is at least filled, with genuim
[arm at the prospect of a short crop
he market is altogether in the hand
f the outside public. As long as the]
jntinue to buy prices will continu<
> advance; but after such rise a quid
ad sharp reaction is among the possi
ilities, and we would now advise oui
lends to keep close to t hore and no
isdain to turn thei& paper profits int(
ard cash. "Riordan & Co.
Courtesy to Children.
Harper's Bazaar very truly says tha
.1 the training and disciplining ii
le wqrld, if given in the form of ar
itrary directions and commands, wil
ot. make children well-bred ant
jreeable. Mothers sometimes think
r act as if they thought that courtesy
i the home must be entirely a on<
ded affair. The small boy must no
iterrupt conversation, he must stej
)ftly, jpeak gently, remove bis ha
a coming in, spring to restore wha
>me older person drops, run his littl<
set olf on errands, always say thanl
ou, and never indulge himself in thi
aat expression of irritation, but no
?dy is obliged to be equally polite t>
im. Ordered as if he was not as sen
tive to wounds, and as easily hurt a!
is elders, his pursuits regarded as ofn<
nportance, his convenience overrule*
r set aside at the caprice of his tutor
ad governors, the little fellow oftei
as a hard time of it while he is grow
ig up. Parents who are intense!;
roud of their children often refrain
om a mistaken idea that praise is in
idicious, from commending them fo
hat they do well, while blame i
vif t to leap out and scorch the mem
ry on any slight obcasion. The chil<
no will be most courteous througl
fe is the child who has been treate<
UU cuuricajr, tvuu utuopcui mciuiai
tive years of life in a sweet and gen
il atmosphere, and been moulded no
) much by military rules brusquely
aforced as by the genial influence o
srene tempers and the blessedness o
ood examples.
Giant Powder Exploded.
Leadville, Sept. 26.?Sixty-fi 7
Dunds of giant powder exploded thi
fternoon in the Belgian mine ii
.delaide park, five miles from thi
ity, killing six miners and fatally in
lring two. Ten miners were at worl
1 the drifts at the time, and it is be
eyed that a miner carrying powde
om one draft to another, let it fal
ad the explosion caused a cavein
he six were instantly killed. Hel
'as sent from the city as soon as th
jport of the explosion was receive*
ad the dead and injured were brough
I the surface. The only miner wh
in tell how the explosion occurre<
as brought to the city tonight so bad
t injured that he cannot talk and wil
ie. The six bodies were brought t
le morgue and were identified as fo]
iws: Clark McGinnis. John Ham
iill; James H. Grayj Ed Kuhen
hris Phillips, John Baggs.
Two Deputy Sheriff! Killed.
Pine Bluff, Ark., Sept. 24.?Deput;
heriffs Harris and Stiff of Arkansa
Dunty were shot and killed near Ene
md, Lonoke county, yesterday whil
ttempting to arrest an escaped pris
tier named Lacey, who had made hi
scape from Arkansas county jail. K
as located in a deserted house thre
ad a half miles from England am
hen called upon to srurrender opener
re. The first shot struck and ic
antly killed Harris and the secom
lortally wounded Stiff. Another re
ort states that the crime was commit
id by two escaped criminals namei
wens and Nicholas. The murdere
r murderers escaped to the woods
hey are surrounded by a posse an<
ill (9 lynched if caught alive.
Poor Klrby Tupper.
Atlanta, Sept. 23.?Kirby S. Tup
er, a deputy collector of customs a
harleston, S. C-, shot himself hen
lis morning. His brother, S. Y. Tup
er, secretary of the Southeastern As
)ciation, has an office in the Equita
le building on north Prior street
iirby Tapper went to the Equitable a
iven o'clock this morning and a jani
)r unlocked Sam Tupper's office-door
jrby Tupner wrote a note to hi
rother, and notes to two relatives
fter which he shot himself throuel
le head. No cause is known for tn
licide. He was to report at the ex
osition grounds today for duty.
Elections will take place this yea
1 eleven States, one-quarter of th
hole number and but few are really
nportant. The States voting arc Iowa
.'ansas, Kentucky, Maryland, Massa
husetts, Mississippi, Nebraska, Ne^
ork, New Jersey,JOhio and Pennsyl
ania. A Governor will be returnei
i Iowa. Kentucky, Maryland, Massa
iusetts, Mississippi, New Jersey am
hio, and four of the seven now hav
'emocratic Governors. Besides thes
tah will abandon the Territoria
age and become a State, choosing t
ill set of officers. The interesting
mtests are in Kentucky, Maryland
ew Jersey and Ohio.
All? uniig inn ruing,
Fort Smith, Ark., Sept. 24.?Th
lack gang, composed of Jiufus Buck
ldian, Lucy Davis, a negro; Lewi
avis, Sam Simpson and Maomi Juty
reek Indians, who operated in th
reek nation and of whose crime i
lurder was the least brutal, wer
ied yesterday. The jury was out onl;
iree minutes and returned a verdic
uilty and the death penalty.
7 OUR CITIES AND TOWNS.
it
ie HOW THEY ARE TO BE ORGANIZED
AND REGULATED.
e
ir
Animated and Interesting Debate on this **
7 v important Matter In the Conatltntionftl
* Convention.?8om? New Provisions.
it t Columbia, Sept. 27.?Special: One
s of the most interesting debates yet
i heard in the Constitutional Convend
vention began on Wednesday morn7
ing. It was called forth in the ccn9
sideration of the proposed article on
i- municipal corporations and polio?
i. regulations. Tnis article deals jrith v
s the powers, duties and responsibilities -*
y of cities and towns. The ordinary
J- laws on the subject are generally unf
derstood, and these were accepted by
b. the Convention with but immaterial
e alterations. It was chiefly in new
y features that the article called forth
1 discussion. The first section of this A
i- ordinance read as follows: . c
"TUa T ?T 11 Ivw
~ jll?v jucgiamiuru biuui pruviuo uj
y general laws for the organization and V
t classification of municipal corpora*
f tions. The powers of each class shall
6 be defined by general laws, so that no
i- such corporation shall have any power
t or be subject to any restrictions other
, than all corporations of the same class,
e Cities and towns now existing under
e special charters may abandon the
. same and reorganize under the general
s laws of the State."
7 Mr. Barker, of Charleston, moved
e to amend by striking out after the
? words "charters may" the words
- "abandon the same and reorganize
r under the general laws of the State,"
t and substitute the following words:
3 "May reorganize under the general
law* of the State, and when so orga
ul/.o i their special charters shall cease
and determine."
t Mr. Barker explained that this
i amendment was intended to provide
. for preventing the possible hiatus be1
tween the surrendering of the special
[ charters and the reorganization under
, the general lawa The amendment was
t adopted.
3 Tne third section was adopted as the
t sctuiiu iittu uecu, wimuut uppuuuuu,
> the two being as follows:
t Sec. 2. No city or town shall be.ort
ganized without the consent of the
5 majority of electors residing and enc
titled by law to vote within the disb
trict proposed to be incorporated; such
h consent to be ascertained in \Jie man9
ner and under such regulations as may
- be prescribed by law.
s Sec. 3. The Legislature shall restrict
0 the powers of cities and towns to levy
1 taxes and assessments to bOrrow
s money or to contract debts; and no tax
i or assessment shall be levied or debt
- contracted except in pursuance of law >
j for public purposes specified by lay..
f RIGHTS OP RAILROADS.
Section 4 read this way as reported
r by the committee: -~
s Sec. 4., No law shall be passed by
- the general assembly granting the
i right to construct and operate a street
i or other railway, telegraph, telephone
i or electric plant or to erect water or
gas works for public uses and to lay
- mains for any purpose, without first
i nkfoininn fho nnnsanf of fcVlA fill -
r thoritiesjn control of the streets or y
f public places proposed, to be occupied
f for any such or like purpose.
Mr. Stanyarne Wilson moved to
strike out "or other," so as to exempt
railways from the power given by the
e section to municipalities. Adopted,
s Mr. Patton moved to reconsider the
i vote on this motion. This was agreed
s to, and there was further discussion
l- participated in by Messrs. Patton,
!c Cooper, Wilson ahd Meares.
! Mr. Barker suggested and offered an
r amendment requiring the grantee of
1 such right to obtain previously the
consent of the town or city interested,
p Tkis was generally accepted and was
e adopted.
d Mr. Patterson moved to indefinitely
t postpone the entire section. Lost. The
0 section as amended was then adopted.
1 TAXES FOR IMPROVEMENTS.
i- Mr. John T. Sloan moved to strike
I out Section 5: V
o 1 'The general assembly may vest the
[- authorities of cities and towns with
i- power to make local improvements by
; special assessment or by special taxa
Hon or property ucucuircu.
The section was struck out on division,
61 to 46.
y WATER AND LIGHTS,
s Mr. Haynsworth moved to strike
out section 6, reading thus:
e "Cities and towns may acquire by
i- construction or purchase and may ops
erate water "works systems and plants
e for furnishing lights^ and may furnish
e water and lights to individuals, firms
d and private corporations for* reasonad
ble compensation," '
i- Mr. Haynsworth motion to strike
d out was defeated.
s- Mr. (jr. G. Wells offered an amendmeat
providing that no such enterprise
d be undertaken by a municipal corpor
ration except by vote of the majority
i. of the electors qualified to vote on the
I creation of a bonded debt. Mr. Wells
spoke strongly in support of his
amendment.
This amendment was adopted and
the section, as thus amended, was
t passed.
B TRIAL BY JURY.
* Section 7 was then taken up. On
motion of Mr. Prince it was amended
so as to read:
j "Whenever any municipal court is
authorized and empowered to punish
, violators of city or town ordinances
j by a term of imprisonment, it shall be
, competent for said court to couple
? witn said imprisonment hard labor
e upon the streets or public works of
_ said city or town, to l>e performed under
such supervision and regulation
as may be prescribed by ordinance."
r Mr. George Johnstone moved to
e amend by adding after the word
j "court" where it occurs the second
, time the words' 'provided that trial has
been had by jury."
v The convention voted 85 to 48, on
call of ayes and noes to table Mr. Johni
stone's amendment.
Mr. Aldrich offered an amendment
1 that the accused in all cases should
e nave iiits ngui ui a^pcai iv ?
e court for trial de novo.
1 The matter was further discussed by
a Messrs. Rodgers Bellinger, Burn and
y Henderson.
, Mr. Aldrich'samendment was voted
down.
Mr. Jeremiah Smith offered an
amendment that no person shall be
e sentenced to work on the streets until
after the right to demand trial by jury
s of at least six. The amendment of Mr.
> Smith was adopted by an overwhelme
ing majority.
s I Mr. Hutson offered a substitute ine
J tended to leave to the general assembly
ly under fundamental limitations the
[CONTINUED ON PAGE FOUR,]
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