Historical Newspapers of South Carolina

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[ X' The Press and Banner. BY IIUGII WILSON. CHANGE OF VENUE. j i ANIMATED DISCUSSION ON THE ( ^JURISPRUDENCE ARTICLE. , < Difl'urltij; Views of DillVrlnjf UclfRiitrs its to the Place ofTrlul of C.-ispk In Court. ] Columbia. Nov. 7.?The session of < the Convention to day was consumed 1 in the discussion of parts of the article i on jurisprudence. I The article as reported by the com- ' mittee contained, as a part of section 1 2, these words: "The State shall J have the same right to move for a i change of venue that a defendant j has." . ' Mr. Geo. Johnstone moved to | stride out these words. Mr. Johnstone went on to explain the scope of 1 his amendment and he insisted that 1 he was merely trying to preserve a c right as old as the magna Charter. This is a great general principle that i ought not be avoided for special cases. It will be contended that in certain j cases of homicdes or riots or lynchings there should be a modification of the c fixed principle of a thousand years, s He said that perhaps the course of a t solicitor had been impeded by public sentiment in a county, but even in i view of this the old and settled rule c was still best. t ' * -1 . 1 il A ?_ ?.J 4 Uioi aUa Jie conienaea uiai uuuer luutnuugc there would be more miscarriages of ] S- stice than under the present system. e went on to urge to remove the 1 case would not give as much ease in j getting witnesses as now. He contended that public sentiment was public t opinion and amounted to something. Mr. Johnstone was making a strong and able argument in favor of his position when the hour for taking a ?] recess arrived, and the Convention took a recess until to-night at 7:30 j o'clock. At the night session Mr. Johnstone 1 resumed his speech, showing how the t existing law as to changing the place \ of trial protected all interests, and urg- c ing that so l-evolutionarv an alteration t should not be contemplated. It was 1 his solemn conviction from his large j practice that all the trouble arose on t the witness stand. Public sintiment sometimes influences juries, but it \ lime hotter that. it. <should be so than have a man made a martyr to the State's machinery. There was no j need to desert the principle when the civilized world is taking it up. We t are asked now for the first time in our c entire history to make this change. c The ordinance as to the bonds for Chesterfield and the article on suffrage <] were reported as engrossed. c Mr. Bellinger, of Barnwell, said he ^ felt it unnecessary to speak in favor of the report as it*stood, as it had been q passed by a large vote to a third reading. He spoke glowingly of the abil- r ity and force of Mr. Johnstone, but s he would say that Mr. Johnstone <] reads history wrong as bearing on j this matter. He gave an extended re- c view of the jury system. He insisted e that the State ought to have the same c right as the defendant in the matter c of change of venue. c Mr. Geo. D. Tillman asked how ^ many changes of venue were granted before the days of degenerate Radical j rule. " j Mr. Bellinger said he would reach this later on. He said he never saw a t lawyer representing the defense who did not think his client improperly t convicted. r Mr. Bellinger then referred to the f division of the people over the dispen- f sary law. t Mr. Johnstone asked him if he c didn't believe that the people would be one on the dispensary system when 1 it went out in the Constitution- t Mr. Bellinger said that he did not. t There was one county in his district s where certain men could never bo t convicted of selling liquor under the a dispensary law. t Mr. Bellinger then went on to say \ that Mr. Jervey had impressed him .r that he believed that a dispensary con- 1 viction could not be secured in Charleston county. a Strong speeches in favor of Mr. i Johnstone's amendment were made by Messrs. Geo. D. Tillman, Burn and Fnrrow. ( AN INTERESTING COLLOQUY. ^ Mr. Havnsworth then took the iloor c and said the law gave the criminals all 1 the protection and that was the reason t for so much crime. Every time the c attempt was made to put the State on r a footing with the criminal these elo- c quent gentlemen got up and entered c tneir protest. t The proposition simply meant that 1 this was merely a scheme to put the c State on a footing with the criminal, s Mr. G. D- Tillman?Do you think that the State ought to have the same t opportunity as a poor, friendless man e charged with an offense?the State t with its unbounded wealth and in- i fluence? 1 Mr. Haynsworth said that the legis- c lature could and would look to pay t the poor man's trial expenses. Mr. t Johnstone wanted to know how it 1 would pay all these necessary expen- t sf s of the defendant. i Mr. Haynsworth said the poor man got too much justice, if anything. Mr. G. D. Tillman?I will remind 1 the gentleman that Jonesof Edgefield, whose trial was changed to Lexington, t and who was finally convicted of man- i slaughter, was a very poor man. B. R Tillman. If the gentlemen will allow me, I will help him by ( saying that Mr. Jones had some of ^ ihe richest men in Edefield county behind him. 1 G. D. Tillman?I can say that I know that Maj. W. T. Gary from i Augusta, who defended him,has never 1 beenpaid one cent. (Laughter.) t B. R. Tillman?Any way he was able to get an appeal to the supreme < court that found a loop hole, as ital- < ways does when good lawyers are em- I ployed by the defense, to grant a new { tiial. ] Mr. Johnstone suggested that if the 1 gentleman knew how such holes were found by the supreme court that he be appointed a committee of one to ] look into it and see that different kind i of men were appointed on the supreme i bench. J Mr. George Tillman said that Jones I lay in jail three years; that there 3 were three mistrials. 1 Mr. Haynsworth?These mistrials \ in Edgefield, where his own relatives are! And then convicted! G. D. Tilllman?But not in Edge- i field. Ii Mr. Hayasworth paid a high compliment to Major Gary and then went rm to say that they were not discussing the Jones case. Mr. Haynsworth was declaring that it was an important principle they are uhout to fix, wb?-n Mr. I'dtton asked liiisi if would h.ie it if tliis pririciple had been applied to the ku kluz trials and the defendants had been ixieu in He went on to argue that the Slate should be given justice. The question af the hour was how can we seenre convictions and stop crime. AN EX-SOLICITOR. Mr. Gilland, who had been a solicitor for four years, thought he had lone his duly in trying the prisoners by the form of law. He had to come here to Jearn that it was the duty of Lhe solicitor to secure convictions. The solicitor had the whole power of the State in his liaud. If a man transferred to another county could my one say he was able to reject his jurors to the advantage of fairness. The prisoner was the man entitled to :>rotectiou under the State's power. Senator Tillman?Doesn't the very 'act that he rejects jurors show that le would get a fairer trial in another :ounty where he knew no one? Mr. Gilland?If the change were lot made to secure a conviction. Senator Tillman tried to make it ap>ear that it was to secure a fair trial. Mr. Gilland said that the advocates )f the proposition had aaid it was "to lecure a conviction/' He took the vords out of their own mouths. Mr. Haynsworth asked him if it ,vere not the purpose of a solicitor to :onvict a man whom he believed guil yHe said it was uot a question of beief. Mr. Bellinger asked him if he didn't enow that the Constitution allowed judges to grant changes of venue. Mr. Gilland replied that the ques,ion had never presented itself to nim. Mr. Bellinger?But don't you know? Mr. Gilland?I do not. Do you? Mr. Bellinger?The judge in the rones case so construed it. Mi. Gilland?Well what's the use to J- ix _ 1. 0 >ut xt m uere i Mr. Bellinger said he would tell lim; that there were two clauses in he article on the bill of rights which vere evidently placed there in conse[uence of the action in placing a cerain man in the penitentiary, and a ike case about the right of trial by ury, etc. He wishea to negative hese. Mr. Gilland?and that is exactly vhat I'm objecting to. FURTHER DEBATE. Mr. Prince spoke in favor of the Johnstone amendment. Mr. Connor moved to table the mo ion of Mr. Johnstone with a view to ;utting off all debate. There was a horus of requests to withdraw. He refushed to do so until Senator Tillman finally requested him to do so. Several members were asking the conrention to vote down his motion. Mr. Bellinger called the previous [uestion on the section. Mr. McGowan then took the floor 10 ninutes against Mr. Bellinger's propoition. He denied that there was any [anger of the dispensary ofFenders be T? !.;? rig acquiueu 111 ms wumv. m uu ounty it was enforced. He said that ven under the Constitution of 1868 no ase had ever gone to the supreme ourt to test this question of the hange of venue. The present system lad lasted for 700 years. Mr. Haynsworth wanted to know low the people were tried before the Jnited States Constitution came in. Mr. Johnstone?They were tried by he Indians. (Laughter) Mr. Ragsdale said thw "blood was hicker than water," ana they should emember that they were legislating or their descendants?their poor and riendless sons perhaps. It were well o weave a solid fabric here?one that :annot be broken. Col. John T. Sloan wanted to enter lis protest against the reilection made >y tne gentleman from Barnwell on he honest jurors of South Carolina to ay that after they had been sworn on he Bible, they would not bring in a rerdict in accordance with the oaths hey had taken. Col. Sloan closed vith a vigorous, well-timed arraignnent of the bad features and etfects of tfr. Bellinger's scheme. The cbnvention then at 11 o'clock idjourned until 10 o'clock this mornng. COL. ALDRICH The first speaker this morning was Jol. Robert Aldrich, who said that he vould do nothing to violate the rights jiven under magna charta. Ordinariy those accused of crime are tried in he counties where they commit the >tfenses, but sometimes public sentinent arises for or against the prisoner >r for or against the law. Then one >r two things have to be done. Either 0 acknowledge that justice cannot be lad or to remove it to a more serene itmosphere. This was what is called 1 change of venue. Justice means one measure for allhat the scales must be held with an ;ven hand. This provision would be mnecessary if we did not find such nstances that required the transfer. iVe know that occasions do arise when :hanges of venue are necessary, and he committee did this with an intenion of perfect equality. It is only to )e had when the facts that make the :hange necessary are supported by ilRdavits. You do not break down anything. iTou leave the law as it always existed. George Tillman?You assert that .his will leave the law as it always exsted? Colonel Aldrich ?I do so assert. George Tillman?Even when every>ne knows that up to 1808 a change of ;enue was never known? Colonel Aldrich?But it could have >een. George Tillman?The Constitution ilways provided, against it. It'ssinguar that during 77 years it was never lone. Colonel Aldricli?I have only heard >f its being done in but one case, yet luring all that time the law allowed it o be done. I will say further that if iny man don't want the change made ae has the remedy in his own hands oy simply not violating the law. DR. STOKES SPEAKS. Dr. Stokes then spoke on the side of Mr. Bellinger. He spoke of the question of sentiment swaying the jurors in favor of the accused. Ihe opinion had been expressed that the accused had [lie whole State against him. As a matter of fact this instance showed hat the people of the State were in favor of the defendant. MR. HUTSON. Mr. Hutson stated that the State was so powerful with the best legal talent it iis back and all that the defendant should be given some opportunity. n Senator Tillman remarked that ac- p quittal was the rule and conviction the li exception. t< A LIVELY TILT. V Mr. Johnstone closed the debite. ? lie went on to say that Senator Till- b man charged the courts with being corrupt. 8 Senator Tillman?Now, are you not going a little too far. there? Mr Johnstone?No. sir; wait a mo- 15 ment and I'll try and bring this thing s' right before you. Don't you remem- P ber the case of James in Darlington. e He was a man wrapped in wealth. He ? was convicted at nis own home be- a cause of a strong sentiment and you 11 pardoned him. There is the man of wealth and influence convicted in his " own county. n Senator Tillman?Yes, and he of- 11 fered the reward himself and the pardon was asked for by three-fourths of h the citizens, and the facts showed that " he was not guilty. u Mr. Johnstone?Yes, and I will be just to you, though you are not always just to others and the judiciary. Jones n should have been pardoned and you * did right to pardon him. " Senator Tillman?The pardon, in P my opinion, was a proper one. v Mr. Johnstone?It was right The man was improperly convicted and about to be hanged. I only wished he " had pardoned others that he should have pardoned, and had not pardoned J* some that he did pardon. Senator Tillman?Thank you, sir. (Laughter.) ^ Mr. Johnstone?But the getleman from Edgefield denies that he assailed the supreme court. The other day, j* when discussing the homestead, did " he not in direct terms charge the court with a perversion of the law? Does he not remember that when the su- ? preme court decided the dispensary 11 law unconstitutional that he poured forth the vials of his wrath on their heads. Oh, I am glad to see that the gentleman from Edgefield is sometimes ^ staggered in his calmer moments by " his mere violent utterances. Senator Tillman?I read that home- P stead decision the other day. 11 Mr. Johnstene?Oh, T agree with 05 you that the court made a mistake in that decision. Senator Tillman?What, once you b agree with me? . Mr. Johnstone?Yes, twice if you j1 are right. You would get more to " agree with your opinions, let me say, y if you were not so violent in some of 11 your utterances. Senator Tillman?It may be that " the leopard will cange his spots or c( that the lion will trim his claws. ?( Mr. Johnstone?Then, thank God if you do. (Laughter.) I've seen you so often make errors of judgment that *1 if I were to brand you as I am inclined ? to do, for every error of judgment, you, in my opinion, would be the " most astounding of criminals. (Laugh- ? ter.) Bnt why charge every error of judgment as dishonest? ? Senator Tillman?We are not talking about dishonesty and nobody has chaged dishonesty. Now, Mr. John- J* stone, do you pretend to say you know " what'are the rights of married women in this State under that decision? 11 Mr. Johnstone?Although I am a o: modest man, I must plead that Ido s know. If the legislature did not change the laws so mnch the courts 11 could be more consistent. 11 Senator Tillman?Then do you think e< that .the court's decision validating 11 certain township bonds were right? Mr. Johnstone?I do not remember P the details. Senator Tillman?I am glad I have , found somethin ? that you do not claim " to know all about. Mr. Talbert?I think the gentlemen nut rif nriler as nnrift of this has W anything to do with the matter under c] discussion. " T Mr. Johnstone?Now, Talbert, sit down and don't operate that automa- ai tic'mouth of yours. (Great laughter.) si Mr. Johnstone?The gentleman from a Edgefield has so often claimed to be a hi statesman and not a politician and so as infallible in his judgment as to what he knows, that I ought to be willing tl to sit at the feet of Gamaliel and re- P< ceive instruction. tl: Senator Tillman?The court declared ri certain bonds invalid and the legislature by some hocus pocus and round ss about way validated the bonds. vi Mr. Johnstone There lie goes again tl in another ons1 aught on the legislature ?j and I would like to know where on ir earth be exnects to find a man ex tc cept himself thalfts ever right. er Senator Tillman?What I want to n know is whether you think the legislature can validate an unconstitution- si al dd)t? w Mr. Johnstone?I haven't looked pi into it. O] Senator Tillman?Why the propos- p< tion is as big and broad and as plain tc as that monument out there. This entire colloquy was conducted in the best of humor by both Messrs. Johnstone and Tillman, and it afforded no end of amusement to the members of the convention. Mr. Johnstone was at his best. Mr. BELLINGER CLOSES. r( Mr. Bellinger closed the argument tl onTTis side. There was quite a lively ai debate between him, Mr. Johnston, Mr. Bryan and Mr. G. D. Tillman. He qi took up the suggestion that the dispen- yi sary law was at the bottom of this dis- c< cussion. He gave his word that this matter was not put there with any special re- y ference to the dispensary law. He had more reference to lynchings than to n the dispensary. When he brought it b 11 ?-v*-* iv? avin+Viai* it up mere was a pruviaiuu m auuuuv* n article that no man could be held for ji any crime unless upon the true bill of n a grand jury of his own county. The -w towns were now convicting under the fi disbensary law. He was no advocate b of the metropolitan police system. But \n don't you know that the knowledge of this power has shut up more blind v tigers than anything else? You can't p convict a man who has wealth. I mentioned last night the dispensary p law and every lawyer here who is op- n posed to that law got ud here and be- p gan to pitch into this bill on this ac- n count. I did not inject the dispensaey law in here. It is taken up by men n who desire to completely emasculate b ) the dispensary law. tl "The dispensary law now provides r that in a case where the grand jury ii shall fail to find a true bill that the si court shall, at the request of the solic- c i itor remove the trial to another county tl and so on ad infinitum until a con- h viction. What have we here? A pro- c position to deprive the State of the right, in all cases, in white cap cases, lynching cases, dispensary cases, to f< move for a change af venue. What becomes of the dispensary " system? They say that these people are respecting it because the supreme p court has decided it constitutonal.What i lan has a higher respect for the reme court tnan he has for the ] iture? When has any lawyer rel d defend a man because the law u rhicb he is being prosecuted is ur titutional? I will tell you what rought about this change. They ounu that if the grand juries reft ive a true bill and the petit juri< use to convict that the State will hange if venue. The fear of the i the very best thing in the wor] uppress crime. You can convi oor man anywhere if he is unab mploy counsel, but you cannot, eneral rule, convict a man wh bleto employ lawyers and fu] lore to tamper with juries. Mr. Talbert?Don't you think tl lis provision obtains, and you r A.X. t len irum lueir nuuies, timu juu lake enemies to the dispensary la Mr. Bellinger replied t>y exprei is confidence that the|power to ch le place of trial wonld be pro] sea by the judges. BARKER AND BELLINGER. Mr. Barker?Do you believe tt lan carried from Charleston to ugeburg county would have a ial in a dispensary case, where olitical sentiment is prejudiced ii or of the dispensary? Mr. Bellinger?Do you mean b tical sentiment a sentiment to eni le law at all hazards? Mr. Barker?Do you think it w e fair to take a man and carry om a county which is in fav< rnching and carrv him to a coi rhere the political sense is again Mr. Bellinger?Do you not be! lat a man carried from Charlestc dispensary matter would have a ial in any other county of the S Mr. Barker?I do not sir! Senator Tillman ?Then is not confession that he will not get ju 1 Charleston? Mr. Barker?I am not making jssion, sir. Mr. Bowman?Can a violator o ispensary get a fair trial in Cha >n? Mr. Barker?He may and he ot. You have assumed that the i nent in Charleston is such ths innot get a fair trial. Mr. Bowman?You have made ime statement in regard to Ora urg. Mr. Barker?You have assumed e could notget a conviction in Cha maud want to carry him to a co hereon account of political prejt 1 favor of the law hecan'tgetjus Mr. liellinger?uo you mean u lat a [man should be tried in his )unty even if it is known that oi junt of prejudice he is not goit 9 convicted. Mr. Barker?Better let hini be uitted then than to violate that amental principle of American Inglish liberty. You must not vi le fundamental principles in ord irry out the provisions of this la ill you it will come back to you if o. I sympathize with the sentir lat has been raised against barro ad am insofar in sympathy witl ispensary law, but I do not syi rize with these provisions of that ad the manner in which it is exec 1 violating the fundamental princ f American liberties in the matt iarch. Mr. Bellinger wanted to remov npression that he and "Senator ian had gotten together and con 1 this scheme to facilitate the enf< tent of the dispensary law. Mr. Barker had not intended t< ugn any such motives to him. THE AMENDMENT ADOPTED. Mr. Johnstone's amendment len adopted by a vote of 71 to 57. MORE CHANGES. Mr. Efird offered an amendi hich would take away the rig! iange the venue except in civil c abled. Mr. Stanyarne Wilson move nend by providing that "the S lall have the same right to mov change of venue that a defen as for such offences as the gei isembly may prescribe." Mr. Wilson spoke vigorously lis motion, after Mr. Johnstt Dint of order that it was the san te proposition stricken out was < lied. Mr. Wilson argued for the dis try law, speaking of the blind iolations. This was simply to 1 le present act of the general asser f force. Character was not invo i dispensary cases. This was sir > allow the convention to say wl it would repeal the legislative a ot. Mr. Johnstone stated that this mply threshing over old straw, as simply fighting for the g:ei rinciple in this matter. On his p he had no fight to make on the Ioto He wnntfid no rft the barroom system. SENATOR TILLMAN SPEAKS. Senator Tillman then took the ad after a few preliminary remj lid: m Mr. President?There is an evi ill acknowledge, and that is thai irtisan or political feelings of me igard to this special law are i lat they will not abide by their c id renaer a verdict. Mr. Johnstone?Let me ask y uestion in that connection. W ou violate your solemn oath oi >unt of political partisanship? Mr. Tillman?No, sir. Mr. Johnstone?Why, then, w ou expect other people to do so? Mr. Tillman?I do not mean tc ly myself as better than anybody ut the proof is that the political lg in Charleston County is such iries? whether drawn honestb - il 1 J U ot?l ininK tney are cooKeu uj rhiskey element and draw their ji 'om that element, will give no ills. But let that stand for wlial rorth. I had great pains to keep the ention from incorporating the ensary in the Constitution absolu If you do not want to see the ensary law absolutely nullified ave got to give the State som ortunity to convict. Otherwise ad as well strike it out. Mr. Johnstone?The convention ot by one vote do a thing and y another do exactly the opp bing. This gives the legislatur< ight to provide for change of v a cases of larceny, petty larceny on, murder, breach of trust and ( ases. If the gentleman cannot tie juries in the dispensary casi lira distinctly say "in disper ases." Mr. Tillman?Will you accept Mr. Johnstone?It is infinitely erable to that other. Senator Tillman?Will you agi 'offences against police regulatic Mr. Johnstone?Oh! let's say >cnsary cases" at once. Senator Tillman?Then make ! su- quor cases. [egis- Mr. Johnstone?I accept that. Iw pused ask the gentlemen of the conventi nder to pause and reflect. I am afraid tt icon- he, too, (Senator Tillman) is son has times a political partisan?a partis, have of the dispensary law. I am afra ise to that his zeal in this matter is causii ;s re- him to go too far. I say, in all kic get a ness, that his zeal sometimes defeats law own ends. Mr. President, you have Id to give a community some time to f ict .a commodate itself to a change of c le to cumstances. Everything reconcil as a itself. Let's give time?a little time o is do perfect work. Let the "fullness rther time do its work." OTHER SPEAKERS. iatif Mr. Meares made a strong spee drag against the Wilson amendment. I will concluded thus: "The proposed rei w? edy, Mr. President, is mjch woi 3sing than the disease, the cure than t ange bite. Let us trust to the kindly infl jerly ences of time and the right?which t disDensarv is?will prevail. Do n< gentlemen, adopt?this measure unlc lat a you wish to inflict a vital blow up< Or- that system." fair Mr. Johnstone then once more e i the plained hi? attitude on the dispensa n fa- law in relation to this question. Th were charging that he did not wa ypo- the dispensary law enforced. The la Force was being enforced and it would better enforced as the years roll ould round. He renewed the motion to L him on the table, but withdrew to let M >r of Sligh speak. inty Mr Sligh said he could see no gost it? reason why any man should oppo lieve the Wilson amendment. Wl >n on shouldn't they leave it to the legisl , fair ture, which would be composed of tate? good men as this convention. Mr. Johnstone then renewed 1: that motion to table the Wilson amen stice ment. Lost?yeas 59, nays 72. The Wilson amendment was th< con- adopted and clinched. OTHER AMENDMENTS. f the Gov. Sheppard offered the followii irles- as an addition to the section: "Provided that in no criminal ca may shall a change of venue be made wit sent- out a recommendation of the grar it he jury of the county in which the crir was committed." i the Mr. Henderson offered this subs rage- tute: "Provided, however, that no chan that of venue shall be granted in crimin irles- cases until after a true bill has be unty found by the grand jury; and provid idice further, that if a change be orden itice. it shall be to a county in the same j > say dicial circuit." own Mr. Henderson spoke most earne* a ac- ly and forcibly in favor of his amen ig to ment. Pending the debate the Conve ! ac- tion took its usual recess untill 1 fun- night. and The night session was taken up wi olate the debate on Mr. Henderson's subs erto tute. w. 1 The principal speeches were ma you by Senator Tillman and Mr. Barke nent The motion to table Mr. Hendersoi oms, substitute was lost?yeas 63. nays ( 1 the The substitute was then adopted, iipa- Mr. Patton offered the following: law "Section 7. No injunction or oth :uted civil process shall be issued at the st iples of the State, for the prevention of ai er of act which, by the Jaw of the lan constitutes a crime." e the (The evident purpose of this amen Till- ment was to stop the issuing of i coct- junctions to forbid persons to sell orce- quors.) On motion of Mr. Stanyarne Wilsi ) iin- this section was tabled?yeas 53, na 47. Mr. Patton moved to reconsider tl was vote. Pending debate on that vole, t Convention adjourned. nent The morning session wss taken \ [it to *n the discussion of Mr. Pattor ases. amendment. It was finally reject by a vote of 95 nays to 37 yeas. ^ to The article was then ordered to 3tate third reading. e for Our Industrial Progreaa. riant Tha rinl nmhia onwAsnnnHpnt. nf t.l leral News and Courier says the report the Secretary of State will show a wo r on derful advance in the State industrij >ne1s ly. Complete extracts"cannot now le as given, but enough is given to make >ver- most agreerble showing to the peop of "the State. The report will she pea- thatchartei.j were issued this year corporations with an aggregatecapil eave stock of $5,267,700, against $2,910,7 ably for 1894. In other words, the capit lved invested in industrial enterprises i oply the State for the year ending Octob leth- 3i? 1895, was more than twice ctor much as was so invested f the year ending October 3 was 1894. There has been a wo He derful increase in cotton manufactu leral ing enterprises, and the figures giv< hon- will surprise even those who ha 1 dis- been watching the development of tt turn industry. In 1894 five cotton man facturing enterprises were charter* in the State, with a capital sto< floor amounting to $465,000. In 1895 twe irks ty cotton manufacturing enterpris ' were chartered, with a total capitals 1 we tion of $2,765,000. Six times as mm t the money was invested in cotton man ill ill laciuring in J.o?o, as was au iiiv caw such *n 1894. This does not include tl >aths capitalization of those mills now u der process of organization, or rath ou a those to which commissions only ha1 ould ^en issued- The figures given apu a ac. only to those which have been reguis ly chartered, nearly every one which is now in operation or is in pi ould cess of building. While no compar tive data are at hand it is safe to a , ar_ that South Carolina will again be tl else banner State in the matter of incres feel', ing her cotton manufacturing faci that ties. The above facts are very enco j or and shows that there is li! , and plenty of it, in the old land y< uries ^e look for still greater progress true the next few years. t it is Shot Dead l>y 11 Hoy. Covington, Ga., Nov. 8-?A youi con- negro named Isaiah Green, and dis- young white boy started huntin tely. When about two miles from Covin dis- ton they passed the house of Ruf you Poison, colored, who with his wi e op- was pickilig cotton. Green made you remark to Poison's wife that she toi exceotions to and informed her hi; can- band who was near by. Poison f< 4V>svvft 1 d ^ AM/1 t lie Li lUWtJU UK3 twu uvya auu. U?guu\ osite them. He threatened to whip G-re< i the whereupon Green shot him dead ai enue made his escape. The coroner's ju r, ar- returned a verdict of voluntary ma ither slaughter. trust ag A Had Day for Democracy. ^sary Washington, Nov. 0.?In the el< tions held last Tuesday in the States that? ^ew York, New Jersey, Kentuck pre! Maryland and several others the Ii publicans carried most of them, c ee to feating the Democracy badly in mai >ns?" heretofore strong Democratic Stat< "dis- ^ was certainly a bad day for Demc racy, and insures the Republicans t ^ if. next President. - 1 1 . ; . u* -"i.i iU MR. HENDERSON'S PLAN. on lat THE CONVENTION REJECTS HIS PROie" POSED ORDINANCE. an iid Mr. Connor, of Orangeburg, Submits Adid other Measure to I'ut Counton a Cash its to na8,s* }c* Columbia, Nov. (J.?Special: When V*' the convention was through with the suffrage article, it resumed the con 9 sideration of Mr. D. S. Henderson's ordinance to authorize the issue of State bonds to enable the counties of , the State to dp business on a cash baj sis. The convention had passed a greater part of the section, and the consid?? eration began on Section 5, on which Mr. Henderson offered the following amendment: Provided, that the Gen. eral Assembly may authorize the conl~l tracting authorities of any county to contract deots by unanimous vote to * PTtrnnwIinam? " TV,a ? www w?????V*vt4UUAJ vmviguuvATO, XliV original section reads: x* Section 5. That on and after the time when the State Treasurer shall have paid into the respective county Zi treasuries the proceeds of the bonds as r: provided for aforesaid, all contracting officials of their respective counties, whether for ordinary county expenses J or for school purposes, shall be held responsible for all contracts entered * into by them over and above the cash they have to their credit to meet the same, and their official bonds are hereJ by declared bound for the same. ~~ Mr. Johnstone thought the section was going too far. The intention seemed to be to put a permanent prini ciple in an ordinance- However correct it may. be in principle it was wrong to put such an idea in an ordinance. Mr. Sheppard said the more he v looked at and considered the ordinance ? the less favorably was he impressed with it. There is much danger in the v whole scheme, it is cumbersome and j" unnecessary. He moved to indefinitely postpone the whole matter. Mr. Henderson, of Aiken, said that after amending the ordinance it was proposed to kill it. It was a crying evil that the counties were not allowed to conduct their business on a cash en basis. There was a great evil that it e(j was intended to remeay. The plan is ^ as simple as it can be made. If this is ju. not simple then let something better be proposed/ It was better to issue 5j._ bonds than to have the counties loaded down with debt- It is a notorious fact that the counties have to borrow n_ money at 7 and 8 per cent., and per-q. haps more. This ordinance applies to this special evil, and if the principle is j.^ correct it can be put in the constitulti_ tion. The idea is to put a permanent check on county officers. Thejmode of remedy is simple, but he was ready to T accept anything better. Mr. Jeremiah Smith, of Horry, ob 0 jected to the ordinance because he re-' garded it as unsound business policy. MR. CONNOR'S PLAN. er Mr. Connor was opposed to the orjit dinance and favored raising the mon3y ey by special levy, and offered the fol(j lowing as a substitute: ' "That the General Assembly shall L(j_ provide for an annual tax levy not to n_ exceed one-half of oqe mill in each ]j. county not now on a cash basis. The proceeds of all such levies shall be 3n used as a sinking fund for each and ys every county in which it is levied and collected, and invested as the General ^3 Assembly shall direct until an amount sufficient shall have been collected to put such counties on a cash basis. theh such annual levies shall cease." ip He went on to say that in Orangejfg burg the schools had been gotten on a ej cash basis in this manner. His idea was to make it mandatory. a Mr. Gage, of Chester, was satisfied that the whole principle of both ordinances was wrong. It was purely a matter for the counties to settle. The &e remedy must come from the people ?f themselves and unless the people at home have the ability and courage to manage their own affairs we cairt do &e so at mis end of the line. 1 a Mr. Johnstone said that those who took the new bonds would take them >w on the understanding that the existing to conditions as to issuing new bonds a* would be carried out. It would, he 00 thought, be bad faith to issue new ^ bonds in face of the understanding ln with those who now hold the present er bonds. 35 Senator Tillman said the evils of the or present system ought to be apparent to everyone. The teachers and juryn' men as well as the counties were being ir" forced to lose money by this arrange}n ment. Some men. he thought, were shying from bugaboos that did not lls exist. It could be fixed that the State should never assume the indebtedness. The convention can do what it pleases. We are the people. The counties cann" not borrow at less than 7 or 8 per es cent. There was then a running debate between Senator Tillman, Mr. Johnu" stone, Mr. Talbert and Mr. Geo. D. 2d Tillman. 116 Dr. Smith, of Barnwell, said that in a" his county they were paying from 8 to er 16 per cent, on county paper. Mr. D. S. Henderson: "The ordiv nance does not ask the State to pay ir" any county debt- It simply asks for of the loan of credit to get money cheap ?" ly. For ten years members have been a" trying to get the Legislature to provide for a special levy for a sinking ie fund to get the counties out of debt, J?" out it was always an appeal in vain. It is urged that if we lend credit now }** it will be beginning a bad precedent, j?' The State brought about this condition by extending the time for paying in taxes in 1877. As to it not being good faith with the present bondholders, the lawyers of the bondholders should ig have advised their clients that a cona vention could increase bonded indebtg. edness. Such an increase would have g- no affect on the market. The credit of us the State was good and could not be fe affected by a small increase that a would be readily taken. The conven ok tion can provide that every county is- will be protected against any additionjl al taxes." 3k Mr. J. D. Montgomery, of Marion, en said that the ordinance was simply to ad catch up with the y<?ar that had been ry lost. The trouble in his county was n- that county papers had to be sold at from 75 to DO per cent. The State must help the counties or they must be allowed to help themselves. We have ;c" not gone in debt. We were forced in of it. y? Mr. G. D. Tillman: "How is it and je" why is it that Lexington and Horry Ie and Abbeville are out of debt? Ought iy not all to be treated alike?" He had J3* heard of no counties having a misfor|c' tune except Charleston with the earthhe quake. Mr. Montgomery: "We only want \ the State's credit and will place our mortgage in the State's hands. He had no idea of asking the State or any > other county to pay the debts of his county. One trouble is that members want to go home with a good record and do not want to have a larger tax levy than the year before." Mr. Sheppard called for his motion to indefinitely postpone the section, and the yeas ana navs were demanded. The vote resulted: Yeas 57, nays 53So the ordinance was killed. At the night session Mr. Connor offered his plan in the shape of a formal ordinance. It was properly referred. " INTERESTING FIGURES. The Taxable Property and Poll Tax of each County. The following table, which will appear in the report of the Comptroller General, shows the total amount of all taxable property in the State given by counties: Abbeville $ 6,920,790 Aiken 5,960,541 Anderson 6,613,611 Barnwell 6,452,555 Beauforf. 3,542,539 Berkeley 5,205,066 Charleston 20,506,872 Chester 3,766,228 Chesterfield 1,472,840 Clarendon 2,579,450 Colleton 4,368,410 Darlington 3,768,781 Edgefield 6,252,090 Fairfield 3,632,825 Florence 3,353,411 Georgetown 2,012,005 Greenville 6,798;765 Hampton 2,289,497 Horry 1,550,571 Kershaw 2,803,520 Lancaster 1,993,666 Laurens 4,209,778 Lexington 3,429,120 Marion 4,323,407 Marlboro 2,629,310 "NTotttI -? <" nnn *'vrr why ? OOjDOO Oconee 2,700,844 ; Orangeburg 6,769,486 Pickens 1,932,148 Richland 7,393,352 Spartanburg 11,170,236 Sumter 6,220,470 Union 3,144,150 Williamsburg 2,728,033 York 6,230,390 Total $169,449,251. The following table gives the total State taxes assessed against each county in the State: Abbeville $ 31,143 . Aiken 26,822 Anderson 29,761 Barnwell 29,036 Berkeley 23,422 Beaufort 15,941 Charleston 92,280 Chester 16,948 Chesterfield 6,627 Clarendon 11,607 Colleton ..???. * ? 19,657 Darlington 16,959 Edgefield 28,134 Fairfield 16,347 Florence 15,090 Georgetown 9,056 Greenville 30,594 - Hampton 10,302 Horry... 6,977 JfprshaTu 19 HI IS Lancaster 8,971 Laurens .. 18,944 Lexington 15,431 Marion 19,455 Marlboro 11,831 Newberry 21,301 . jj Oconee 12,153 Orangeburg 30,462 Pickens.. 8,694 Richland.... 33,271 Spartanburg 50,256 Sumter 29,992 Union 14,148 Williamsburg 12,276 York 27,991 Total $762,315 The following table gives the poll tax collected in each county in the State for 1895. Abbeviile $4,583 Aiken 4,440 Anderson 5,143 Barnwell 5,548 Beaufort 4,497 Berkeley 5,646 Charleston 9,959 Chester 3,151 Chesterfield 2,522 Clarendon . 3,651 Colleton 5,455 Darlington 4,352 Edgefi&d. 6,319 Fairfield 4,021 Florence.... 2,737 Georgetown.... 2,808 Greenville 5,567 Hampton 2,283 Horry 2,578 Kershaw 3,171 Lancaster 2,408 LaurensN. 5,047 Lexington 3,350 Marion 3,011 Marlboro 3,021 Newberry 3,713 Oconee 2,270 Orangeburg 5,901 Pickens ...? 2,103 Richland ...5,175 Spartanburg ..... 8,892 Sumter 7,084 Union 3,077 Williamsburg - 3,164 York 5,931 Total ,$251,165 Tie In Kentucky. Louisville, Nov. 8.?The Evening 4-Vk/v mamawaI arinArrtV*1 xr rtf i uau sajo buu Kcuuai atugiuvij vi Kentucky will be a tie when it meets and the election of a successor to Senator Blackburn is a matter of conjecture, the Democrats having 68 votes and one Democratic populist vote, making 69. The Republicans will have 68 and one Republican alliance vote, making a total of 69. The Republicans claim that Lieutenant-Governor Worthington will have the decisi vevote thus insuring themthe senatorship. this is an error, as the lieutenant governor as presiding officr of the senate cannot vote in joint ballot. Hon. John W. Yokes, chairman of the state central committee, todav announces that he will not be a candidate. Populism Will Disband. Chicago, Nov., 8.?A special to the Record from Indianapolis, Ind., says: "The indications are that within the next month the popunsi parcy orgamzation in this State will disband. The msn who have been carrying on the agitation four have about decided that there is no future for the party in this State, and that they might as well abandon it. A. E. Cumming, the secretary of the committee, has tendered his resignation. The old members will, it is said, follow the example set by the secretary. The men who have been laading the party here say they have information that the executive committee or the national committee have decided to resign." - - -'"..s. v v-.