Historical Newspapers of South Carolina

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' ..'" , _ '" ~^~ '^" '" " VOL. XVIT.?New Series. ; "" " UNION C. U., SOUTII CAROLINA, DECEMBER 3, 188G. NUMBER 48. *" " ^ uli ^ ^ ? ?^ ~ ** T. __ UUVEttNUK'S MESSAGE. Gentlemen op tub General Assembly : In the performance of tho duty imposed by the Constitution upou the Governor, 'to give to tho General Assembly information of the coudition of the Stnto, and recommend for their consideration suob measures as ho shall ji^dgc necessary or expedient,' I have the bouor to transmit the following Message : 11eport op tiie comptroller general. J invito your careful' altenlim tp the full Report of tho Comptroller,. General. From this Report you will obtaiii/full stato ments concerning tho publio debt; tbo rcte .. -- nuea of the State; the amount collcoted on I account of phosphate royalty; tho receipts and expenditures of the government tor trie last fiscal year, and the estimated expenses for the present fiscal year. Tbe debt of tho State is classified us fol IUWP. Brown Consols, *11 valid ?5,277,733 27 Green Consuls 851,071 41 Of which $031,373.09, under the judgment of the Courts is invalid : Leaving a valid Consul debt of ...$5,498,030 99 Deficiency bonds and Stocks 450,908 29 Agricultural College scrip 191,800 00 Fundable interest, estimated validity 92,140 40 l'ost bollum bonds, $209,721.78. To be funded at fifty per cent 134,800 89 Ante bellum bonds, $308,729.89. To be funded at fifty per cent 154,304 94 Total $0,522,111 57 Of the class of bonds last mentioned, $20,633.55 wero funded during the last year, lor which Consol bonds and stock wero issued. Of Green Consols $90,297.75?containing $52,037.65 of invnlid:ty?were exchanged for Brown Consuls. This shows that the holders of these bonds at least realize that they need not expect any further relief from the Courts, and V that these invalid claims ngainst the State will not be recognized. In this connection /I luu viuuipiruuor uenorai makes an important suggestion : As our Consol Uouds will mature iu seven years, it is of the utmost importance that all of them, if possible, bo funded and put in proper shapo before that time; and it will bo for the State to adopt some measure which will forco tho funding of these old bends. Notwithstanding tho very large nmouut iu existence, not moro than an average o 1 from sixiecn to twenty thousaud dollars aro fuuded annu ally, and thero is no reason to believe that there will be any improvement in this respect unless some action is taken to hasten it. EtUk?Every opportunity? nnd"vev?*y induct mcnt has been given to the holders of these securities to exchange them for recognized fc- bonds, and the ouly reason (hat can be asI* signed w! y this has jpot been done, is tho roluctancQ to accept the settlement offered by the StaU, aud to havo eliminated >hat portion which tho Courts have declared ius ' r , . , r. It is therefore suggested that an Aot bo passeud .providing that tho period iu which * theft? 1>ouds and certificates of stock may be surrendered and exohanged be limited to October 31, 1889, after which they shall .bo funded only uuder special Act of tho \ * . Ooneral Assembly. Tho delieieucy bonds and stock will ma Mf.r tare iii July, 1888. A* arrangements oiUEt bo made by the Legislature in 1887 In meet those bonds at matuiity, and as it w|ll be important at that tiuio to'have full iuforuia, , , lion on that subject, I recommend that you ^ > tirfce ncliou now, preparatory to the redeuip^lJIL..-)c.vv iiou ol' tjiese bonds. it of the State now good. and n??t,(n? I? /I?- I? -wr-u uuvuiup ouwuivj UV UUIIU U> VTI1IUII It III | be impaired. < assessment of i'llopebty?collection U ' i ' . OV TAXES. WJ ? 'Tito Constitution provides ; Article 1, Section 3G. All property subject to l nxation shall be taxed in proportion to its value. Article 2, Section 33. All taxes upon property real or personal, shall be paid upon the actual valuo of the properly taxed, ' J' as the samo shall bo ascertained by an assessment made for tho purposo of laying suob tax. Article 9, Section 1. The General Assembly shall provide hy law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations end shall secure n just valuation for taxation of all property, real, personal and posessory, except mines and mining claims;, the proceeds of which alone shnll bo taxed and also excepting such property ns may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes. It will bo conceded that a vast amount nf r?rnn/-rfv lmtK r?ul on.l Aj,ro/.??l !??* J..VJ/V.WJ , ?'V?U I VOI M?l\* rwilill y lllill has not bccu exempted from taxation by law, bus not bithcilo 'contributed its share to tho expenso of its protection.' The amount of personal property that bus escaped taxation, in tho shape of 'moneys, ^ credits, investments in bonds, stocks, joint lock companies, or otherwise,' has not been ascertained. Tho Comptroller General, in his report for 1883, says : Tho valuation upon our books fall vciy far short of representing tho actual valuo of property in the State, and 1 serious'y doubt whether ^^ ^ it represents more thou two-thirds of thai value. 1 his is due to tho undervaluation of tho property represented, and to theia?l anountt that tievcr reach the tax booki at all. In tho ainglo matter of lands this deficit will run up into millions In every County iu the Stale vast tracts are either vacant, or their owners never return them, nod the State loses its rovenuo. I have m*do every effort to find out the area of each County in the State, in order that, I y comparing the amount of land relumed, the )o?e might bo located. Unfortunately, however, I have been uuuble to obtaiu any reliable data, so far as the Coup.ties arc concerned. * * * Taking tiie w hole State, the most roliablo authority, which is Mills, estimates tho land surface at between thirty and thirty-one thousand square miles, equal to /something over nineteen millions of acres. Comparing this with tio return for 1883, it will be booh that there nre at loast 2,000,000 acres which arc not taxed.' Upon tho property that i? assessed, the taxes nre not 7?iW ypon the value of the property</ taxed' as. required by tho Constitution; nor is tho assessment thereupon uniform and equal1 as therein prescribed. Wo omit the tablo which appoars in the message, as the following synopsis of it, covers all tho important mattor in it, that would be of interest to our readers.?En. Times. The column shows the avorage value of lands per acre in tho several Counties of tho State as assessed for taxation for the fiscal year 1885-8G, from which it appears that tho assessments vary from 87.98 per aero in Charleston Count v to fit) OM n.?r J " ~ acre in Horry County. Tho second column exhibits a comparison between the actual value of land iu the several Counties (as ascertained by averaging the values of the land that was sold) and the value thereof as assessed lor taxa- < tion for tho same fiscal year, from which it appears that the percentage, of valuation to soiling prico varies from 107 per ceut. in ( Hampton County to 46 per cent in Green- i villc nnd Horry Countios, and 45 pur cent i in Spartanburg County. Tho third column shows the average value of horses as assessed for taxation in tho several Counties for the same fiscal 1 year, from which it appears that the as* sessments vary from $77.53 in Hampton 1 county to $43.71 in Laurens County. It is difficult to believe that the average actual' value of horses in the State is :\t I small as is thus indicated?it is impossible 1 to believe tbnt their avernge 'actual' values as is thus made to appear. In addition to all of which so adequate j are the provisions of the law, tho payment I of tho taxes that are laid for tho support 1 of l ho Government cannot bo enforced. 1 Tho amount of taxes unpaid upon persoual property actually assessed for taxation caunot bo ascertained. This auiouut is represented by nulla bonna executions in the offices of tho vnrious County Treasur- ' ers. The amount of unpaid taxes upon 1 laud assessed for taxation appears on the forfeited laud records. Iu hit report for i 18S5 to the Sinking Fund Commission, the Secretary ofStiUo, Jjuy*^ S\fy last iionuaj. Report smiwathat the past fiscal yrrnr 1335, J was commeuced with 850,292 acres of laud i on tho forfeited land records of this office, valued for taxation at $2,503,231, and due 1 tho Stuto $313,866. This being increased | by the forfeitures reported to this office from ( October 31, 1884, to October 31, 1885, amounting to 105,334 acres, valued for tux- i ation at $375,968, and duo tho Statu $53,- 1 750, aggregating 961,626 acres, at a val- 1 uation of 82.879.299. and dim tlm Smtn 83G7,616/ "L I'rcui all of which I conclude that, ox-' 1 isting provisions of the law, for the assessment of property and the collection of ttixcs are injuriously defective iu three essential ; particulars : First. 'All property sulyeot to taxation' ' is not assessed. Second. 4 A uniform nnd equal rate of assessment and taxation' is no: laid. Third. The payment of tho taxes cannot be enforced.., I have thus endeavored to expose the . leading defects in the present system, in order to concentrate your attention, and in order to facilitate the effort, that I am satisfied you will make, to provide an adequate romcdy. It is an important and difficult question, end is worthy of your, patient and intelligent consideration. The attention of the people has been directed to the necessity of legislative action in this mutter, nnd they look forward with high oxpeotancy to tho results of your deliberations looking to its solution) and I entertain the belief that their hopes for wise and wholesome cunctinonts will be realised. In my judgment, tho Grst and second defects abovo suggested can in u largo measure be remedied by judicious amendments to Sections two hundred and fifty thice ("253) and two hundred and filly four (254) of the General Statutes, which prescribe the powers and duties, respectively, of Township Hoards of Assessors and County Boards of Equalisation. Soction 253 should he amended so as to enlarge the powers and iscreaso the responsibilities with the Township Boards of Assessors. These Boards, if composed of persons of discretion, intelligence and integrity, being acquainted with the residents nnd familiar with the property of their respective township oau uiorj readily and accurately dcterurino the actual value of the property in tho townships than can the County Board or the County Auditor. Every owner, ageut or other person, whose duty it is to return property for taxation, should uiako the return in person, and should in person sign the oath required to bo made. Tho Auditor should be uuwiuniiUU vw pi l/puuuu 0IIJT I lUjllll IU? HJlit would enable him to obtain full and honest returns of all property, real and personal, of any description, that is subject to tnxttlon. Having prepared a list of all property in the townships, tho Township Hoard should be required to assess each and every pareel nu its actual exchangeable value. In assessing lands outsid > of cities, towns and villages, tho values of each piece, tract or parcel should be considered us a whole, and without regard to (he classification of its soil, tl o improvement* upon it, or the value of contiguous lauds. The buildings, improvements and different , t I classes of lands should havo uo separate 01 individual valuation, but the cstiuiatoi value of the entire piece, tractor parcel just as it would pass from veudor to von doe, should he its assessed valuation foi taxation. Before entering upon the discharge ol their duties, tho members of the Townshij Boards, in addition to taking the oath pre scribed for officers in the Constitution and the oath with respect to dueling, should bo required to take an oath fairly and impartially to nssoss, according to its actual value, each piece, tract, or parcel of land iu their respective townships; and, upon the conclusiou of their duties, should take an oath that, according to thoir kuowledgen-information and belief, there is uo property in their tiwnsliip that is omitted frout their asscssineut. If alt the property in the respective townships is assessed at its actual value, there will be nothing for the County Board to equalize; the assessment will bo fair to ail throughout the State, and the taxes will be 'uniform and equal,' within thciuteodmcnt of the Constitution. Thereupon, when, as required by Section 23d, the Auditor ahull lay before the Comity Hoard the returns of the real property made by him, with the valuations axed by the Township Hoards, their jurisdiction should bo appellate only; tlicy should hear grievances. That is to say, thcro should ho the right of appeal from the Township Hoards to (lie County Hoards, and from the County Hoards to the Comptroller General; to whom, a; now required, all testimony should be forwarded relative to such alleged grievance. For the services thus to be performed by Township Hoards of Assessors, the members thereof should not be exempt from jury duty? for llml isan import int public duly, and should lie discharged by the tno.-t conscientious an l intelligent ciiixcns of the Slate, hut they should be paid such a sum per diem, for a limited time, is will compensate llicut for the time actually lost. The expense Hint will thus be incurred will be insignificant in comparison with tlio benefits, to Slate and County, that will remit; payment to bo made upon tlie certificate of the Auditor that the duty imposod upon thotu had been faithfully performed. 1 think that these changes, along with such incidental modifications of existing liw as may be necessary to make them effective, cm bo easily accomplished. If you. after such cuiiideratiou as the importance of the subject demands, concur with tne, t ho law providing for a State Hoard of Equalizaticu should bo repealed. Of tho State Hoard of Equalization the Comptroller General?than whom no ono is better ipialified to speak?says; 'As sit present organized, my experience is that tho tot ate Hoard is individually and collectively without any data whatever for tho performance of its work. Called together to equnlizo the value of renl estate among nil the Counties, they have no information whatever as to tho relative assessed antfrTe.Hlfrfc^-wr-'ur of tand In tho different (Jt>nnLics, and are, there!'-- perfectly inoompctent lo equalizcilt,.- This ..card, has nothing from leleruiiw how much should be added to cr deducted from tho lands in the different Couti'.ies. to bring them all to their aclunl market value. Tho consequence has been that heretofore tho work nf Itin Slni? Ilnni-.l 1..VU been literally worthless. Xltey have met and uljourned without making any practical changes in the assessment cf property, and ii avc cost the State at each meeting over one thousand dollars,' 1 no^paes to the considoroUoD of the third detect in the present tux law?to wit. the luutltj?l of enforcement. Very few, if any, tax titles in tUia State have survived the test of judicial investigation. In this particular tax titles are not peculiar to South Carolina. iiUckwell ii> h;s admirable hook on Tax Tidies, says: ' Ahot out of at least' one thousand onuses of this description, which have found their way into the Appellate Courts of the country, not twenty of them have boon found to bo legal and regular.' 'i'ue Courts hold the title to bo the execution of a power, and therefore not sufficient fur the purpose intended unless all tho conditions of ihfcf*pt#vtSsrTrfttW bWTf^'Tony Vfiiiv^mflf with. That the po-.son invested with such a power must pursue with prvcisiou theoosirse prescribed by law, or his net is invalid, is a principle which has been repeatedly recognized by the Courts. County Treasurers and Auditors arc gener niiy unfamiliar with tho forms anil require* nreut j oflaw incidont to the enforcement of tlio payment of taxes?in tho various details that iu the judgment of tlie Courts nre material,? and hencoshould hot be expected, tnnch lev i required to execute such powers. Hut our people arc conservative and have great resptct for our Courts of justice. No land for the 11011-poyment of taxes should to bold except by the authority of u decree of n Court. This question was carefully considered by a Commission, composed of able and experienced gentlemen, appointed under "A joiut resolution to provide for the appointment ol a Commission to consider and report a plan to simplify the mode of assessing and col'ecting tlio taxes if the State and Comities," approved December 20th, iss:;. These gentlemen 'recommended a proceeding in rem against tho real proporty taxe I, and decree of Court and sale thereun Jcr by an odiccr of ilio Court.' I heartily concur in the view expressed by iIir Commission, and recommend the enactment of a law to carry it into eh'cct. Hardships may he experienced until our people become fami'inr with the change, hut in a short Iiuic there will be very few sales of land for the non-payment of taxis. If these recommendations should receive your approval, ami you should enact a law io make tlioin operative, I arc no reason why I lie duties of Auditor and Treasurer cliou.d not he performod by the Mime person This question 1 submit for your careful consideration und determination. I am unwilling to pisj by this important object without directing your attention to the alarmingly large record of forfeited lands. These lauds yield practically, no revenue to the State, and the enjoyment of them by former owners is practically undisturbed. If the former owner desires to redeem, ho is permitted to do ho by paying tlie taxes, penalties and costs accrued, without reference to the claims of cities and towns for municipal taxes. For thie great and growing evil an effective and vigorous remedy should bo provided. I recommend lite passago of an Act that will authorize and empower the Sinking Fund Com mission to obtain possession of all such binds. In no event should redemption ho allowed, except upon payment of all taxes, penalties and costs due to the State, County and municipality. tiik coums. No less important?not much less difficult ?is llio matter of the admiuistr atiou oj justico in the Could* of the State. > m r Before and sinco Hamlet's Soliloquy was < 1 written, ibe law's delay has been a by- t , word and rcproaoh, a source of anxiety aud 1 - unhappincss, a cause of mental distress r and unsocial disaster, and an obstruction to rj the development of the science of law. t f llulca ?ff" law aud statutes should accord ( ) with common sense, and should result, t when pat in practice, in rapid, but not i , lnsly or ill-conisdercd, settlement of a , forcusio disputes. s Delay is inseparable from, if not indispon- s , sable to. tho patient aud orderly administra- c I tion of justice ; but when tho delay becomes i , so serious 'that'the business community has become reluctant to resort to tho Courts to t secure tho ouforceuiout of coutracts, aud j i men my driven to methods of adjustment c without tho aid of Courts,' suspicion is 1 aroused, cither that evil inheres in tho i system in operation, or that the mothod of t its administration is defective. o Judgo Kershaw said, in addressing tho c Grand Jury, at a late term of Court in Ornngeburnc : 'I have frequently, in my j lomnrks to the Grand Juries, taken occa- t siou to comment on tho fact that we, in c South Carolina, very probably have the t most expensive system of dispensing jus- p tico in the world.' i No fundamental change in the system t now existing is necessary to effect sub- t staulial improvement. A few changes in tho method of conducting business in Court 1 will greatly facilitate dispatch and greatly t! reduce expenses. s In the State there arc thirty-four Counties. 'l'hrfifi ti>rms in mnli - - vxmium uuiiug iuu nuuug ui IUU vuuri VI tl Sessions. Thus, while the Grand Jury is ti ongnged in the examination of billt, the p, court will bo employed in hearing tl and deciding case a on the Buuimary process docket. Too "costs iu such I nines should bo reduced. Iostoad of ?20. g equivalent to $85. 71-as proscribed in the Ci Aq? or 1763, tho circuitt -Judge shp?!d be d TfTt^nflzedfro hear IHid^eler'mintr^witTiouf a h' jury, unless demanded by either party, tj under certain restrictions to be prescribed, > all civil actions at law involving not more (j I than two hundred dollars, including appeals (j j in civil actions from Trial Justico Courts. o, i Thus, by tho time of tho adjournment of tj j tins court of Session-*, a large proportion of (j I business will have been transacted. pj Eminent authority in tho Stato urgently L| | advise that in this class of oansos uo appeal ,| , should be allowed to the Supreme court. For this practice wc should havo preocdent j iu the United States courts?in which no v' j appeal to tho supreme court is ullowcd, u | unless involving a Constitutional question ? io cases involving less than fivo thousand 11 dollars. This wou'd greatly relievo the pressure upon the Huprc-uic court, nnd ? would spare to litigauts much delay and ex- l' I penso. Tho question I submit for your 0 I consideration. 1 Tlin ten llill tlmillil t.n rnnisiwl n?> I 11 ? "-N""- "V # IOVU """ ; amende J, especially ho as to limit tho nuin- ' her of days for which costs may ho taxed c' for'reference'before Musters and llclcroes ^ T'ic mo l fruitful source of tho delay, aud 0 tho expense, that are incident to the ad- 8 tnini.-lration of justice iu tho State is the 11 J Trial Jmtico system. No qiistiou has received a greater share K i of public attention, and upou uo question r 1 is there a greater diversity of opinion. All i admit that the system is detective; the <1 dilf'Tence arises upou the suggestion of a 8 remedy. n In liis lust Annual Message to tiie Gen- * oral Assembly, Governor Thompson 1 directed attention to this important mutter. rf lie siid'tho Trial Justice system, which was intended to relieve the circuit court of 0..00:?? r... :.i:? j,vuv<ai ciraiuuK) lljf }>IU>IMIIIg lUICnor \ courts, in which petty otfcnuses could be ) tried roa .ily and nt a small cost, has failed ( to fulfill the purpson which it was designed ' to accomplish. It is proper, thcreforo, that ^ I I locouuncnd, for the consideration of the t , General Assembly, such amendments to the t ' law as seem most likely to give relief to the * courts of Sessions, while providing lor the J prompt trial of persons charged with crime, ? and tho speedy punishment of those who i may convicted.' t 'Hut two modes suggest themselves to ( ; mc by which this may bo accomplished ' f ! Theso are tho establishment of county t | courts, of an increase in the number of ( k hundred nnd two 'opening days' in ihe fi State. The loss of one-half of each first r day is tho loss annually throughout the c State of fifty-one working days, or two fi months, time sufiicicnt to hold an average o term of the Courts of an entire Circuit, c It is safe to say, that one-half, on au average, of one day in. every terui is cousuuicd si in swearing witnesses in open Court whs arc a to testify bclbro tho Grand Jury. This is b totally uuccessary. A Graud Jury may, tl either on their owu iuformatiou, or that o derived from other sources, make a present- p iiicnt, on which a bill may bo prepared aud p submitted by tho prosecuting officer. Why require witnesses, accompanied by tho Grand n Jury, to go into Court to be sworn by the ji Solicitor? It was not until 187G (?S't'llc tl vs. Jv if crease, G S. C ,) that the Supreme i Court decided that 'witnesses examined d before a Grand Jury upon a bill oi indictment must be sworn in open Court,' al- fi though previously thereto such had been h the practice. , .- a recouuieud |ho pessago Act, at fi Jbh^fih scvWH States, cuthoriz- c iag tho Foreman of the Grand Jury, or h Foreman jno'tcm., in the absence ol the si Foreman, to administer the oath to all wit- a aesses to bo examined by the G^ml Jury. 1 , Il.nv shall the tipic be employed now ocnsumcd 1n'Bwcarft'g witnesses? a I rccommond the restoration of tho sum- ol mvry process jurisdictiou of tho Circuit tl (J.iut? with such modifications as to foryt r: of ??rocedur?, as may bo necessary to con- ol l'ortn" it to tho system of practice now pre- if vailing. The Circuit Judge should be t< authorized*to lake up tho summary -jrooess 0I ~r .1. -c - rirouit Judges. Careful consideration of his subject induces mo to beiiove tlut the atter mode is best suited to our wants.' I coucur in tbo judgment of Governor fhouipson, and endorse the reasons assigned >y hitn, that tho establishment of County Courts will not remedy the evil complained if; but I do not think an increase of the tuuibcr of Judicial Circuits is necessary or idvisnblc. An inferior court of souio dcoription is indispensable. The present ysteui is better and cheaper than county ourta.; but tho prcsont system should be uoditicd in important features. The supremo court has decided that ho court of Common Pleas has concurrent urisdicliou. under the constitution, ip oivil lases oo#4. tW? be for o Uutflices Iff the* ?eacc' ; which being tho case, tho civil jur-t sdiction of trial justices may bo permitted' o remain, as parties may now, at tbeir ption, proceed either iu tho trial justico ourt or in tho common picas. It i?> the criminal jurisdiction of trial usticcs that imposes great aunoyancc upon ho people and great expense upon the ounties . From lh3 report of the Cotuprollcr general for the last fiscal year, it upicars that the amount in thirty-one counies (throe counties woro omitted, no rcurns having been made,) paid to trial jusice and their constables was 8-400,72 00 -equal to 81.480.19 for each couQtY. 'ho balk of this expense was incurred in he investigation of petit larcenies and iuiplc assaults. Uuder no circumstances should a trial aslice have jurisdiction iu eases of larceny, jr no court of less dignity than a court of coord should be authorized to deprive a itizen of two of tin: most highly valued rauthiscs of citizenship, to wit; the right f voting aud the right of tcstifyiug iu ourt. Nor would the justice of the country criously suffer if the number of simple ssaults investigated by trial justices should c greatly diminished ; for a number of hose prosecutions are instituted for some ther purpose than the punishment of a ublio wrong, or the vindication of the ublio justice. Iu my judguiont much of the trouble ow experienced on account ot' the trial usticc 6ystem will be relieved by dividing he trial justices into Judicial and Miuisicial justices, both should have civil jurisiction as now prescribed by law. There should be one judicial trial justice jr each c >uuty, to be located at the court ouso ; be should be paid a reasonable salry, and should not be. allowed costs or cea in criminal cases lie should havu riuaittul jurisdiction as u ?w provided by tw, excepting cases <>f petit larcenyq be bould be required 'N 'hear and determine' II cases sect to i.,.. !?y the Ministerial 'rial Justice. Ministerial Trial Justiocs iu criuiiual utters .should have the jurisdiction ouly f 'Committing Magistrates that is to say, tey should have authority to issue warmis, ciuse arrests to be made, investigate ITcuscs, and commit, or bind over for trial; upon investigation tlioy find the matter > be without the jurisdiction of the court f Sessions, they should bo required to >rward tho record to the judicial trial J usee. Thus can he accomplished tho puroscs of a county court without incurring 10 expense iucidcnt thereto. This is the most important subject, and commend it to your allcatiou, in the eondent assurance that it will receive tho ireful consideration which its importance elands, and that tho proper remedies will c provided for thoso evils which aft' now ic cause of great and just complaint. It may not he irrelevant in this connecon to refer to tho expeuse incurred anually by the counties in the truosporatiou f convicts to the penitentiary; the comics do not receive any portion of tho income erirod from the labor of convicts, and lould bear no part of the expeuse of icir delivery to tho penitentiary. Ik'sides, ic Superintendent, with its regularly cutloyed and experienced guard force, can cry much more cheaply convey prisoners > the Penitentiary than can the Shoriifs. I applied to ouch board of county comkiasioners in the State for a statement of ie expense incurred iu transporting prisners to the Penitentiary. I thus ascerliued I' at it cost one county $32. 50 for sell and every convict delivered to the 'enitcntiary, aggregating in that couuty early 81,400. .V careful cstiuiite of the ecvmiry cost of delivering from the same ounty showed that tho prisoners could havo ecu delivered for 8332.80 From anther county the exponso thus incurred mounted to 840 00 for cich convict; and i another county said expense amounted o 851.3'J for each convict. This is a rcat wrong upon taxpayers, and should bo emcdied. I recommend the passage r.f an act rouiring the clerks of the courts, upon tho djournincnt of tho courts of sessions, to _.:c~ .e_ o ? " > ?* uuiy iiiu miponnicUQ^lU ui lUo J'emtcn I iaryot'thc number of persons sentenced o imprisonment in tlm Penitentiary, and squiring the Superintendent to provide i?r their transportation. BKvr.stiK nojm script. The Supreme Court of the Unite I States in lay Inst reversed tiie decrees of the Circuit tourt of the United Stntes which sustained the alidity of the Hevcnuo bond Script,' issued luder Act of March 21, 1872, to relieve tlie ha'c from liability lor its guarantee of the Kinds of the lilue Kidge l?nilroad, directed by he Act of September 2 h 18418, and ordered tbe itatc Treasurer to redeem tbe sciipt and to apply funds for tiiii purpose, and tlie Comproller tlenerai to levy ami collect a epeoiol lax ullicieut to pay tlie entire issue, and the county Treasurers to rcctivo tlio script in payment of axes, and enjoining them from enforcing their sollection otherwise in all oases in which lender ted been made. ?. Its direct and immediate effect is to relieve he Stste of fl?c payment of a claim of $1, SO'.t,KX), which originated in a bolduUerapt by the lato Republican Government to practice a gross fraud upon the people of South Carolina. But results mora important to the wcl -boiug of the State than this pecuniary relief will follow from tho principles established in tho decision. I feel it to be my duty to present these fuc a to the attention of the General Assembly, and I invite consideration of the justice of making suitable compensation to the Attorney General and his distinguished associates for those very valuable professional services of which the State has received the benefit. T1IK rUBI.IO BCIIOOI.S. The annual report, of the Superintendent of education shows continued progress in the remarkable development of the public school system. Notwithstanding the depression-naturally consequent upon several successivo years of no| remunerative.crop#, the^o lias been evident improvement ia all the main features of the work, I except in the average length of the session, I which is the same as the previous year. The j enrollment of pupils in the public schools amounted to 183,1)06, nn increase of 5,913 over the previous year. The average attendance reached 126,696, an incrcaso of 4,G03. This increase, both iu enrollment and in attendance, being wholly among the white pupils, clearly indicates that tho white citizens of tho State arc taking more interest in tho schools than ever before. Through the combined influence of examinations and Normal Institute instruction, the effective power and professional pride of tho teachers have been much stimulated and improved. No better evidence of this is needed than the fact shown in the report that notwithstanding their meagre salaries, and without compulsion, 1,158 of the teachers were willing to give up their vacation and,incur the expenses of travel and board in order to nttend the instructions given at the stale or county institutes during the past Summer. The agency which tho I'eabody Education Fund has had in the great work of popular education in this State, and the sponianc >us enlargement <>f its liberality for the cusuinc vear. will, I trust, receive from your honorable bodict some formal expression of grateful recognition. The injurious effects upon the public schools of the low valuation of properly for taxation, is a matter deserviug your serious consideration. It appears thai, if all the taxes are c dlectcd this year, there will be, nevertheless, in consequence of ieduced valuations a deficiency of at least SI 1,000 in the school fund. The County apportionment of the School l'uud as now require.1 by law to ho made iu advance of the listing of property and of the collection of taxes, introduces much confusion in the financial affairs of the schools, and entails great hardships upon the teachers. Some remedial measures are demanded hero, and 1 icspcctfully commend the matter to your earnest attention. For reasons given at some length in his report, the Supciinter.dcnt recommends the I repeat of -Vet No. 10, approved December lo. 188o, relating tqjhe examination of teachers.' Til K INSTITUTION FOR. TIIE EDUCATION OF TUB DEAF AND DUMB AND TI1K 11LIND. The thirty-eighth Annual lleport of this Institution, with the letter of transmittal of the Hoard of Commissioners, will be laid beforo you. The report shows an enrollment of 04 pupils during the year, an increase of 9 overthe year preceding. Not withstanding this increase, there remains of the appropriation for the maintenance of the Institution an expended balance of ?1,257.85. This shows that the Superintendent and Hoard of Commissioners have administered their trust faithfully and economically. To meet the contingency of still further increase in the enrollment of pupils, the usual appropriation should he made, notwithstanding the bnlauco on hand, that is lo say : For support $12,000 000 For repairs to buildings and grounds <">00 Oil For insurance upon buildiugs 886 CO Total $12,885 0.) CLAFLIN COM.EOE. This institution, located at Orangeburg, was founded in 18G'J, and is intended for the higher education of the colored youth ol* both sexes. The faculty is composed of ten tcachors, and the aunual attendance of the students exceeds four hundred. There are five courses of study, nnd during the Inst five years i here base hern fifty-four graduates from the Normal, and fifteen from ttie college department. Special attention is given to pracfic il industries, schools of farming, carpentry, printing and domestic economy mo established and are in successful operation. '1 heso departments are being dcvelopo 1 as rapidly and as tin.roughly us the limited means for their support will allow. The institution deserves the c mtinue I support of the General Assembly. Til K MILITARY ACADKMY. The Ileportofibe Hoard of Vi-itors, to be submitted for your consideration, will furnish in detail thc)rccord of the operations of this institution during the year. The scholastic year 1886-80 opened with : lleneficiary Cadets OS 1'ay Cadets <11 Total 112 Dismissed for deficiency in studies 14 Honorably discharged 0 Graduated 64 Itcmainiiig in Academy 11 Total 117 The scholastic year 1S80-87 opened with : Kemficiary Cadets (52 l'ny cadets 60 Total 112 Ot' I hose ttiere are old cadets : licueficiarics 22 Pay 22 Kccruits?beneficiaries 40 Kccruits?pay 2* Total 112 The graduating class of 18SI5 was the first since lie reorganization of the Academy. It consisted of Ibirty-five beneficiaries and ciglr* leen pay Cadets. Leaving the institution with its courso of applied tcicucc thoroughly acquired, and imbued with the lessons of discipline, method and self respect, these young gentlemen aro n valuable contribution to the citizen, ship of tbo Stale. Most of them have nliuady taken their places in tlie ranks of earnest nnd useful life, and their future will vindicate the wisdom if the State in the preparation she iias given them to discharge their duties. Two of these beneficiary graduitat, on ac Huuut <>t ineir cipiiicih i| lamicuions, were promoted by ilie lioard of Visitors to the discharge of duties on the Academic board?notwithstanding the provision of tnc luw that "llenetic in iy Cadets shall be required to teach, after graduation, for two years in the free public schools of the County from which they r.vqieclivcly received their appointment in the said Academy.'* This uction the lizard of Visitors would not have tnken, and in this action tho Cadets wold not have acquiesced, but. for the belief that the General Assembly would relieve the two youug gentlemen from tho obwr>