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?a??m?? ?^?aa lewis m. gkist, Proprietor.j 31 it "|ni)tj)tiibcnf Jfititttlj ftctospaper: Jfor tljc |lromotion of tjie |Joftfical, Social, Agricultural anil Commercial Interests of % SontJj. j TERMS?$3.00 A YEAR, IN ADVANCE. VOL. 21. YORKVILLE, S. C., THURSDAY, JANUARY 21, 1875. NO. 8. 1 *? > ? .i i. ii? ??,j JUt (Oitfliual Jftotg. j Written for the Yorkville Enquirer. ZANITA, The Circus Girl. BY MRS. HENRY 1)EAS. CHAPTER VII. Estelle's heart beat violently as she proceeded to carry out her former purpose of! opening the latest will, which had previously ' been frustrated by Dr. Hartwell's entrance. It was written in a remarkably plain hand, ! and was not very long. This much she saw at a glance. So much the better, as it would ; take her but a short time to find out what she desired to know. With feverish haste she ran her eye over all the tiresome preliminary part, till it lit on the various bequests. They were few in number. First, to his j dear brother, John Blandford, all of his real ! estate, comprising some valuable houses in the city of New York, and his country residence, | Silverlake, with all goods and chattels belong-1 iner to the same: the latter residence to belong | to hira only on condition of the non-reappear-; ance of his .long-lost child, Caroline; in the event of whose recovery, at any future time, i it was to revert wholly and absolutely to her. ! Also, the sum of one hundred thousand dollars, in various securities. To his dear sister, : Emily Blandford, some valuable diamonds : and other heirlooms, and two very elegant j paintings, copies of originals by Guido. To j his brother John's adopted daughter, Estelle. j now known as Estelle Blandford, the sum of ten thousand dollars, as a slight testimonial ! of his warm regard for her, and gratitude for { the kindness and fidelity with which she had , ministered to him during his long and trying illness. Then followed certain smaller lega- ; cies to friends and dependents, at which Es-1 telle scarcely glanced. She had seen all that j concerned her. Ten thousand dollars! Was that all ? She was wofully disappointed. She had j not acknowledged to herself, before, how large j a sum she had expected ; but with her knowl-! edge of uncle Dick's immense wealth, vague , ideas of some wonderful, half-fabulous be-, quest, such as would make her rank foremost among the richest heiresses in the country, had ; floated through her mind ! And now these j lofty dreams were dissipated, and she was brought down from their airy heights to the ! depths of a little, paltry reality. Ten thous- j and dollars! What was such a sum as that, ! out of the treasures with which the old man's coffers were overflowing? Had he been only : moderately rich, it would have done well enough. Then, no doubt, she would have been satisfied with it; nay, more than that, j she would have been thankful. But now she was not thankful; she was wretchedly disap- j pointed and thoroughly vexed. Was it for j this that she had slaved for weeks aud months in the sick-room, depriving herself of air and exercise, and losing her flesh and color, as she j knew she had?though she could never boast j much of either?and yielding herself to the j whims and caprices of a fretful invalid ? For I this! Why, could she have foreseen such a| result, she would never have come on to the i North at all! So she told herself, in her an-1 ger; but the truth was, she would have made a much longer journey, and endured much greater discomfort, for the attainment of this sum. It was not really that she scorned the j money?she, a penniless orphan, dependent i on the bounty of those in whose veins ran no j drop of kindred blood, for even the common i necessaries of life?but it was the discrepancy : between the amount, and the grandeur of her j anticipations, which so irritated her. She tied up the will again?she was afraid I to keep it open too long?and took up the ! one of older date. "I must look at this before I burn it," she said to herself, "and see what changes have been made in it." She had not read far before she became aware of one startling difference. In the be- j quests to Mr. John Blandford, no mention j was made of Silverlake at all. Eagerly she scanned each succeeding line, until she came, at last, to her own name. Suddenly a half-checked, involuntary cry escaped her lips ; not loud enough, fortunately, to be heard by any one in another part of j the house. The blood rushed in a torrent to j her face ; she trembled violently, and her ag- J itation seemed nearly to stifle her breath. Silverlake was bequeathed to her. "Yes; there it stood, in unmistakable black and white. Silverlake, one of the most ex-1 tensive and valuable domains, probably, in j the State, had been actually willed to her, at I a time, too, when the testator was in perfect I soundness of mind, and in much better bodily j health than when the second document had been prepared. For what reason had the be-1 quest been withdrawn, and that inferior one j substituted? Had any one?had Mr. John Blandford, for instance?becoming aware of i his brother's intention, represented to him ; + V.O innmralinn^v nf flllnujinnr Cf> rich ATI PStnt.P ! to pass out of the family ? But eveu then, had it been his desire to make her so large a ! gift, why had he not left her a sura more ade- ' quate to supply its place? "He has been tampered with," she muttered, 1 fiercely clenching her small hands until the ; nails hurt her flesh. "There has beeu foul | play. But I'll not endure it?no, no, I will j have my rights ! Changed his mind ! Why; should he change his mind? He has got! fonder and fonder of me, instead of liking tne less. I believe that last will was dictated to ! him ; poor, idiotic old creature. No doubt, the , lawyer received instructions from home. Carrie, indeed ! What folly?as if Carrie could ; ever come back. She's dead and gone, ages j ago. That's just a nice trick for father to get j it into his own hands. Of course, he doesn't | want me to have it. I, a beggar?a nobody ; j I, who have eaten the bread of charity for a ! dozen years, must not be allowed now to hold i my head too high. The heiress of Silverlake !1 Why, the best men in the country would be j at my feet! I suppose it's worth millions of j money"?she had a very vague idea of the ; actual value of real estate?"and instead of that, I am to take a miserable ten thousand ;1 and I suppose every one will expect me to be i supremely thankful for the favor. No doubt,' they'd consider five hundred a magnificent j amount for me ! But I'll be even with them, j ooo r n rr\ n<\f T ivnn'f Kn iti tliic ' shameful way!" She threw the will on the table, and com- j menced to pace up and down the room, rapidly, excitedly, still with a vivid crimson spot burning in each cheek. Wild and feverish I thoughts, eager desires, vague schemes of vengeance, surged through her brain. How could | she accomplish the end which she had in j view ? Suddenly a tempting voice whispered in her ear? "Nothing could be easier than to burn the i wrong will." She had been charged to burn one ; how readily might she substitute the other ! Who would know ? There was no chance of de- i tection. All the circumstances of the case en- j sured her safety. But what if suspicion of foul play should be aroused? What if the lawyer, who had j drawn out both wills, should get it into his i mind that she was accessory to the destruc- j tion of the last ? After all, it would only be suspicion, j Nothing could be proved against her. What | p should prevent uncle Dick from changing his I mind at the last moment, and returning to his ; original intention? People,sometimes, she had i heard, made dozens of wills and destroyed them. It was nobody's concern whether they j chose to keep the last or the first. She was : quite ready to swear to her ignorance con- j cerning this matter, if need be. All she had I to do was to affix the old man's seal to the first will, and replace it, at her first opportunity, in that compartment in the desk whence she j had taken it; and who, on finding it there,' could dare to doubt that everything had been ! fairly and honestly arranged? As to the other one, a match applied to it1 in the fire-place, speedily reducing it to a j handful of ashes, to mingle with the other ashes still remaining there, would put that in a twiukling beyond all risk of discovery. Her first consideration was to seal the one j she desired to keep, and replace it in the desk, j Unluckily thedesk was in uncle Dick's room, i and the doctor was there. At all events she ; could get the wax and the seal; she needed those in any case. Gently unlocking her door, she went back . along the passage?having first taken the pre-! caution to fasten the door again after her?to j the chamber which communicated with the \ sick-rroro. Thence she passed noiselessly into the latter. Dr. Hartwell was standing by the fire-place, | with his hanils m his pocKets. lie lurnen as ; she entered. "Up already, Miss Estelle! You have not j rested long, though I was careful you should j uot be disturbed." "It is impossible for me to rest, Doctor. | How is he now ?" "Much the same. I think now, that it is not unlikely that he will linger until morning." "Will he not recover consciousness, do you think ?" "No?oh! no, unless, it may be, only a transitory gleam?the last flicker of reason ere the mind sinks into oblivion forever. He I will not be conscious, for any earthly end or j purpose, again." "Will he not know me again?" "Possibly; but the chances are ninety-nine ! to one that he will pass off just iu this way, j without any visible change taking place before-hand." The questions were asked in a subdued, scarcely audible tone, the questioner keeping her face averted from the doctor, as she stood with drooping head at the bedside. The answers were given with a compassionate gentleness that showed how completely the doctor's sympathy went out to the young girl in her unmistakable sorrow. "Miss Estelle," he resumed after a pause; "I think I will be constrained to leave you for a while. My wife has been suffering from a nervous headache all day, and as I can do no possible good here, I would like to ride over home and see after her. As I said just now, the indications are that your uncle will last till morning. I shall be back very early ; and meanwhile you will of course have some one up here with you. However, if you prefer ray staying, tell me so candidly, and I will do as you wish." "No sir; there is no reason why you should put yourself to so much inconvenience. I am not afraid to have you leave me. Martha < Becket will stay up here with me, I know." Martha Becket was the housekeeper, who 1 had assisted lately in nursing the patient. "Well, I will call her for you. If you will take my advice, you will give up your post 1 here entirely to her now, and go and lie down aud rest. It will be better for you. He will not know now, my dear child, whether you are with him or not." "Oh ! sir, I can't sleep ; it is of no use to try." "Even if you cannot sleep, bodily repose is good for you. You have had a long, trying spell of nursing and watching ; especially trying for one so young as you are. Well, I must say good-bye now for a short time. I'll send the housekeeper up as I go out." "Thank you, sir." The doctor went, and Estelle seized the moment of solitude to open the desk and take out the wax and the large red seal, heavily set in gold, which uncle Dick always kept for business papers. These she put iu her pocket, re-locked the desk, and was sitting down by the bed when Mrs. Becket came in. "Poorsoul!" said the housekeeper?a mild, fat, motherly old woman?as she drew near and looked down on the patient's unconscious face. "The doctor says he's not long for this world. But hedoesseem to be sleeping nicely now ; don't he, Miss Estelle?" "That's a kind of stupor, Martha ; it's not natural sleep." "Dear! dear,?poor old gentleman ! I litfin f svii ?nl\AM T nnf ama/I U in nnttttlAA AM LIC LllUUgllb ?11CIJ J. ClllCICU illS 9C1 V Ibbj LCU | years ago, that he'd go before me; for I was : real sickly, consumptive-like, at that time, though I'm sure you'd never guess so now. i Folks have told me that it was giving up my trade of sewing, and coming out here in the i country to live, that saved my life; and I belive it was that and your uncle's kindness together. Ah! dear, I'll miss him sadly when he's gone. But such is life! We're here one day, Miss Estelle, and taken off the next." "Yes," assented Estelle, rather absently. "I'm sure you must he tired," said the housekeeper, with a sympathizing glance. "Leave me here with him awhile, my dear, and go and rest." "I don't know about resting. But at any rate, I'll go to my room for a little while, as you are here. Be sure and call me, Martha, if I am wanted." "I will, for certain," said Martha; and ; Estelle again sought her chamber, where she had left her candle burning. There were the j two wills, waiting for her to dispose of them < at her pleasure. She looked at them both, I and a conflict went on in her mind. For a ; moment, the thought of the magnitude of the responsibility laid upon her made her tremble. She was almost tempted to wish that she could j; wash her hands of the whole affair?to wish j that uncle Dick had given her no charge con- j cerning it. It was he who had placed the 11 temptation in her way ; she had not sought it; of her own accord. Should she burn the last will, or the farst,! as he had bidden her ? She did not hesitate long. Applying the sealing-wax to the flame of; the candle, she deliberately, and with great j nicety, proceeded to seal the packet of oldest: date ; carefully removing the jagged edges of: wax afterwards, and examining the impres- | siou to see if it was as distinctly made as , uncle Dick always liked to have it. Ves.it i was cjuite clear and distinct; he could not ; himself have done it better. So much for the one to be kept. Now for ;1 the one to be destroyed. She took the last-written document, and, j candle in hand, moved toward the fireplace. 1 She was about to put. it. in the flame, when she paused. A sort of superstitious dread had suddenly seized her; her hand trembled, j and dropped nerveless at her side. :< What was this act which she was contemplating ? Was it not a felony ? She knew it must be a criminal deed, for which, if it was 1 1 discovered, she was liable to be punished, but she did not know to what extent. Would it. i not be safer and better to hide the will?keep 1 it and conceal it in some sure, secret place, where it could never be discovered?or where, ! if by some unexpected chance it should be 1 brought to lisrht. no one would susnect her of : o 1 having hidden it ? "But this is so much safer," she argued.; i "How can it be found out? Once destroyed, j I the matter will be set at rest forever; while, 11 if it is kept, the thought of it will be a perpetual incubus on my mind." Nevertheless, she could not bring herself to ; do it. Twice again she attempted it, and [ each time she drew back, overpowered by the same shuddering dread. "I cannot do it," she exclaimed, turning j back to the table. "I cannot bring myself to ; it. I never knew I was a coward before 1" j She took the will, wrapped it in brown pa-1 per, tied it with a cord, and scribbled on it in I pencil the word "patterns," thrust it in a ' drawer of her bureau, piled some articles of j clothing upon it, and locked the drawer. "Let it stay therefor the present," she mut- j tered. "No one will meddle with it. It's as j safe as if it was at the bottom of the well, j I'll take a little time to think about what I ! will do with it. Now I'll take these other I things back, and put them in the desk as soon j as I can get a chance. Luckily, this dress has a good-sized pocket! I'll get Martha to go down stairs on some errand." She was able to accomplish her purpose 1 without recourse to strategy. When she re-! turned to her uncle's room she found that! honest Martha was fast asleep before the fire; : and without any difficulty she managed to re- J place the will, the seal and the wax in their j proper places, to lock the desk, and put away : the key. Her task was done?she breathed j more freely. She sat down in an arm-chair I near the bed?not where she could see the sick man's face ; she could not bring herself to look upon it just then?and thought over what she had done. Would it ever be found out f [to be continued next week.] ftatc jpfairs. GOVERNOR'S MESSAGE. Executive Department, [ Columbia, S. C., January 12,1875. j Gentlemen of the Senate and House of Representatives : 11- - - - ? 1 j muinlt t un/1 v\ rt ! in me limugurui nuuit'ss tvmtu x unu honor to deliver before the general assembly, I stated that, "owing to the want of the information to be obtained from the reports of the various officers in charge of the several departments of the government and the public ; institutions," it would become ray duty at a j subsequent time to present to you some addi-1 tional information and recommendations con- ! cerning several important interests of the j State. In accordance with that announcement, [ and in the discharge of the duty imposed upon j the governor by the constitution, "from time j to time to give to the general assembly in- J formation of the condition of the State, and j to recommend to their consideration such i measures as he shall judge necessary or expedient," I call attention to the serious pub- 1 lie inconvenience resulting from the delay on J the part of the officers from whom annual reports are required in furnishing the same. Even at this late day, nearly two months , and a half after the close of the last fiscal , year, aud seven weeks after the annual meeting of the general assembly, I have barely been | able to obtain several of the most important i reports in time to make a brief and imperfect | examination of their contents. My public , duty will, perhaps, be discharged by calling | your attention to the great detriment thereby , occasioned to the public service. If such ] delay arise from causes beyond the control of j our public officers, then, if possible, the genemi assembly should remove those causes : but ! . if they arise from other causes, a remedy ought ( to be devised and applied. Referring briefly to the State treasurer's re- < port, the Governor continues : 1 Appropriations and Receipts.?I desire I especially to call attention to the prime importance, as urged by the State treasurer, of keeping the appropriations within the receipts, i This is manifest without argument. All proper deductions should be made from the gross j amount of the taxes to be levied, and a rigid j estimate, based upon the results of former j levies, should be reached before the rate of taxation is fixed. After this has been done, the appropriations from the proceeds of the j levies made should never be allowed to ex- j ceed, by a single dollar, the estimate of the I amount of such proceeds. As the State treas- I urer justly remarks: "This is absolutely! essential to the restoration of the credit of the j State * * and the success and prosperity | '< of our public institutions." In this connection, I call attention to the j statement on page 12 of the comptroller- | general's report of the total taxable property I of the State under the recent assessment, and the amounts to be realized therefrom under ; the specific levies made by the "act to raise j i supplies for the fiscal year commencing! i November 1, 1874." I am confident the < estimates there made are the highest limits which will be reached under these levies, j i If this be so, it is absolutely necessary that f the appropriations to be made at the present session should in no instance exceed the j amounts there specified. One palpable de- < parture from this rule has already occurred in < the legislative appropriation bill passed at . the present sessiou, and I trust no other simi- < lar departures will receive the sanction of the 1 general assembly. i In this connection, I call attention to the ] I "estimate of supplies for the support of the j < State government," at page 101 of the comp- j troller-general's report. The whole amount | i required, according to that estimate, for "sal-'t aries and contingent funds," is no less than ; ( $212,450; whereas at page 12, of the same < report, the whole amount to be realized from r the levy made for the same puipose is only 11 $150,47G.ol. If this estimate, therefore, is j ] made the basis of the appropriations, there j t will he a deficiency of $61,973.49. It is j i manifest that such a result must he avoided,1 j and I point it out in order that it may receive ! ( the attention which it demands. i i Referring to the views expressed hy the 1 Ktate treasurer upon the evil of over-drawing : warrants on the State treasurer in excess of j' the appropriations for which they are paya- j ble, the Governor recommends immediate leg- ; islation to the end that the evil may he ( checked. } Com itiiollkr-Gknkrai/s Rkpoht.?The 1 report of the comptroller-general presents a|< well arranged mass of information, which | t will deserve the consideration of the general ( assembly. j 1 I call the attention of the general assembly . < to two statements, at page 12, of "the total j f taxable property of the State," namely, $141,- ] 624,952. The corresponding amount under j f the former assessment was $176,956,502.74. j t I also call attention, with approval, to the | t observations of the comptroller-general, at 11 pages 13 and 14, respecting a change in the j ? . i ? - * _i i .1 1. _ ? : time oi me year wnen property suouju oe i i listed, the necessity of a revision of the pros- J i ent general tax act, and additional legislation j ( in regard to forfeited lands. j t Delinquent County Treasurers? I j c call special attention to the fact, as stated by j f the comptroller-general at page 15, that the j J sum of 8470,090.20 remains charged against I f county treasurers on the hooks of his office; f that amount being about 15 per cent, of all c State taxes collected since 1868. While only j t a part, possibly a small part, of that sura is j i actually due to the State, yet no reason of j t which 1 am aware exists why this entire sum j v should not at once be "accounted for." I,! I therefore, join with the comptroller-general in o asking "stringent laws providing that severe o and prompt punishraeut" be enacted to prevent such results in the future, and also that the j attorney-general and solicitors be directed to i use all existing legal means to compel an im- j < mediate settlement of all Unsettled accounts j i of county treasurers, and the recovery of the ! amounts found due, by suits, if necessary,1 i against the sureties. i The Governor next reviews some private jJ claims for blank books, Ac., furnished the au- 1 ditor's department, which claims he regards 1 j as meritorious; next refers to his action in j fixing the bonds of county auditors; recom- [ | mends that the general assembly give the j I comptroller-general authority to close certain ' obsolete accounts representing values which j' really do not exist, but which accounts have I to be carried forward from year to year, until 1j authority is given to close them ; refers to the j vacancy in the office of the comptroller-gen- i j eral, occasioned by the election of the present j j incumbent to the forty-fourth Congress, and i i reminds the general assembly that it will be j1 necessary to provide some mode for filling the j vacancy, and then recommends the repeal of; 1 the present laws regulating insurance compa- j uies, doing business in this State, as follows : i Insurance Deposits.?In my inaugural I s address I ventured to say that, in my judg- 1 ment, good policy dictated the repeal of the f present laws requiring deposits from insurance companies not incorporated by this State. | s Further examination and reflection confirms j I me in that opinion. The supposed security to j j policy-holders from requiring such deposits is j I fallacious. If a company is sound, there is i not the least difficulty in recovering any loss 1 by process of law ; and if it is unsound, the 1 fact of a deposit being made in this State J would afford very little protection to our pol- I icy-holders in case of disaster to the company, i It is, moreover, s, serious legal question wheth- < cr these deposits can be so sequestrated from ( the general assets of a company as to prevent their becoming a part of the general fund ap- t plicable to the payment of all creditors in case < !Monffirtinn/in r\C oooofo Tho fTDll. 4 U1 Hie JI jouiui/i^tiujr ui uuiiV/i wcovio* * UV gvu I eral effect of requiring such deposits is to exelude the best companies and admit the weakest, except in cases where the sacrifice of withdrawing from the State overbalances the injury to the company by scattering its funds in the manner required. I transmit herewith a letter addressed to me officially by an eminent insurance authorty, in which the whole matter is discussed in a most clear and conclusive manner. I hereby renew my former recommendations of a repeal of the present laws on this subject, in order to allow free competition in this branch of business, under such restrictions only as have regard to the general character and strength of the several companies. Extension of Time fok Collection of Taxes.?In connection with the comptrollergeneral's report, I desire to correct a misapprehension now widely prevailing as to the power of the governor and comptroller-general in extending the time for the collection of taxes. In the tax act of 1868, in section 147, authority was given to the State auditor, with the approval of the governor, to extend the time for the performance of the duties required of any officer by that act. It is more than doubtful whether this provision ever gave power to the governor and State auditor to extend the time for the collection of taxes. However that may he, that section was repealed by the act of March 8, 1871, (vol. 14, statutes at large, page 722). No similar power was again conferred on any officer until the passage of the act of February 6, 1874, (acts of 1873?74, page 533). The latter act was expressly limited in its application to the fiscal year commencing November 1, 1873, and its operations, of course, ceased with that year. The result is that the only power now possessed by any executive officer or officers to extend the time for the collection of taxes is conferred by section 139 of the act of March 19, 1874, (acts 1873-74, p. 778), which is in the following words: "That whenever the general assembly shall fail to make the annual levy f* ?i vi . p , 1 _ oi taxes, or tne collection or tne same may, in any way, be delayed, it shall be the duty of the comptroller-general to notify each ^ county treasurer that the penalty for non-pay- * ment shall not attach until after the expira- ^ tion of sixty days from the date of his public ' , announcement of his readiness to collect the ( said taxes." 1 Under this section the governor has no c power to act, and the power of the comptrol- c ler-gcneral is limited to cases of delay in com- ^ mencing the collection of taxes at the regular 1 time. I call special attention to this state- 1 ment of the law in order to relieve myself of N the frequent and urgent applications made to c me for my action in postponing the collection * Df taxes. 1 If any further legislation on the subject is ' needed, it will be the duty of the general as- [ sembly to provide it. c The Lunatic Asylum.?The comptrollergeneral's report covers that of the superinten- 1' lent of the lunatic asylum. This institution ? leserves the generous support of the State. a [n many respects its present condition is very t satisfactory. The buildings have been greatly improved, and the domestic economy of the nstitution and the professional treatment of die patients are believed to be worthy of high c lommendation. F It is, however, the financial condition of the n natitution which will require most serious at- 1 ;ention. It appears that there wns a debt ? jwing by the institution of 855,295.55 at the fj dose of the last fiscal year, October 31, 1874. ? This debt results from the excess of expendi- t ;ures over receipts for several years past. P From whatever motive expenditures beyond d he means provided for meeting them are P nade, the practice is not to be approved. No f iublic officer, under anything less than very i s ;xtraordinary circumstances, can be justified i n assuming to incur obligations for the pub-1 > ' ic without express authority of law. | I It is proper to call attention at this point to j a he act of March 17, 1874, "to regulate the j h lianner in which public funds shall be dis-, n jursed by public officers." This act makes j c t a felony "for any public officer (State or I :ounty) to enter into a contract, for any purmse whatsoever, in a sum in excess of the tax 11 evied or the amount appropriated for the ac-1 :omplishment of such purpose." Hereafter, 11 herefore, no expenditures can be made in ex- 2 essof the appropriation. The amount of tax ! ri or the support of penal, charitable and edu-! b :ational institutions has already been fixed ' 7 or the present fiscal year. This levy will not! ft ! 4. a I- ? -.rt ? 1.??* /if ft PIM/vIa /IaIIiIK 4/\ 1 / JUi mil Llie 4l|)|M UJM UUIUU v/i n oin^c uunai lUi raymentof past indebtedness. By reference . S( o page 12 of the comptroller-general's report, e he amount to be realized from this levy will j )e about ?150,000. By reference to the act j a naking appropriations for the last fiscal year h t will be seen that the total appropriations a inder the same head were upwards of ?190,- ti )00. It is clear, therefore, that no appropria- j o; ions can be made for the present year in ex- j a less of those of last year. I cannot, there- ! a ore, consent to recommend an increased ap- it tropriation for the lunatic asylum for the a iresent fiscal year, unless it can be shown . d rom what source funds can, with certainty, be j ti ibtained to meet such increased appropria- j w ions. I regret to reach such a conclusion, for 1 o io one can have a stronger sympathy with p his institution than I have, or a more ardent ( oi vish to increase its efficiency and extend its ' aj dessiogs. But we must not, from sympathy ; si r hcncvolence, repeat the financial mistakes I b if the past. It is far better for every public i E interest to keep our expenditures rigidly with- tei in our receipts than to cripple our merchants | ty and ruin our public credit by contracting J tw debts which cannot be paid, except, possibly, j Cc at some indefinite future time. ; th I cannot give my consent to appropriations , be in excess of probable receipts, nor to expen-! ca ditures in excess of appropriations. I shall , rel approve of the most generous treatment of mi the lunatic asylum consistent with our abili-j vi( ty to pay our obligations when they mature,; of but nothing more. i thi I shall speak further of the action proper j be to be taken, in my judgement, in reference to J I t the past indebtedness of the lunatic asyJum, as I ou well as that of the state penitentiary, at a ' tet later point in this message. ! als State Penitentiary.?The comptroller-j ini general's report covers also the report of the , vi( superintendent of the penitentiary. Here, igain, the feature of the report which will to irrest most attention is the statement of the ye: indebtedness of this institution. The superntendcnt states that the aggregate indebted- ?f less of the institution on the 31st day of Oc- ca :oher, 1873, was $102,238.40. He further thi states that the presentindebtedness is $87,918.39, of which SI2,380 has arisen during that a9 iscal year. Another statement is, that there we s due to the guards and employes of the in- wc ititution $15,850,31. The appropriation for ho he penitentiary for the last fiscal year was 9't >51,500. ces These facts present a problem not easy to solve. The remarks already made concerning t0 ;he financial condition of the lunatic asylum thi ire applicable here. The levy of taxes for m( :he present year will not permit an increased wc ir>T>^rvr,rin?,r,ri Ono fliintr ia pvidpnt. namelv. du Tf'T""'"'" ~"w b " ?7- '. J ;hat the expenditures of this institution must 301 iiereafter be kept within the appropriations. Pa [t is difficult to see how, without direct viola- an ;ion of the law of March 17, 1874, already gri eferred to, an indebtedness of 812,380, in su' jxcess of the appropriation, could have been 8e< contracted during the last fiscal year. uc I strongly urge that the immediate atten- aP ;ion of the general assembly be directed to the 2? question of making the labor of the peniten;iary available for the support in part of the nstitution. I call attention to the remarks )f the superintendent on this point. If the a.D abor of the convicts can be utilized within ;he walls of the penitentiary, this would be he wisest plan. Mechanical pursuits are conlucted in similar institutions elsewhere, with tra profit to the State. Such labor is advanta- At reous iu many ways?as a means of discipline ser luring the imprisonment of the convicts; as J-"1 i means of encouraging habits of industry ,n md the ability to earn an honest living when an ;hey return to freedom ; and as a means of tat educing the public burden of their support 011 .vhile in confinement. If there are no oppor- va unities for the utilization of this labor at present, I think the plan of letting out the th< convicts for hire, which is adopted in many ?f ether States, is worthy of immediate conside- a,g ation. I am informed that such labor in tio )ther States can be leased at a net daily profit an )f at least twenty cents per day for each la- ex eorer. Out of an average number of two ra?1 lundred convicts, at least one hundred able- *h< jodied laborers could be constantly furnished, md from these laborers an income of several wl! housand dollars, above all expense for their sei maintenance, might be realized. Motives of 8^( iconomy, as well as the good of the convicts hemselves, in ray judgment, require that an bu effort be made to obtain employment of some a^> nlooo aP loKnfnra onrl T onrnootlu QU W1IJU 1171 tlJIO OIUOO Wl JUifUiUiOj uuu x vt?i uvi;v.j a ecommend that the attention of the general ne issembly be directed to this subject without do lelay. P? The Governor next recommends the appro- ?UI iriation of 81000 for the purpose of securing he publications of the "National Prison Asso- get nation," which publications, if properly dis- th< .ributed, he thinks would "arouse an interest soi imong our people in one of the most humane md successful efforts to reduce the number of Pn >ur criminal classes, and to restore them to ^ei he walks of useful industry." . 1 The State orphan asylum is next alluded f!? ...... , . . , , , th< ,o, which institution, he says, is entitled to ad- i^ iquate support. jS9 Education of the Deaf, Dumb and of Blind.?The institution for the education of va he deaf, dumb and blind, formerly located at of; Dedar Springs, near Spartanburg court house, ere vas closed in September, 1873. I regard the pa dosingof this institution as a misfortune and pu eproach to our State. It was an act of edu- pli :ational retrogression, and a.wrong to a class cui >f our fellow-beings and fellow-citizens which sul las peculiar claims upon our aid and sympa- enl hy. If the reopening and rehabitation of ere his institution can be effected by any means of vithin the control of the general assembly, fic< :onsistently with the present condition of our bet inancial affairs, I unhesitatingly recommend the lint it hp done without, delav. If this cannot I inn ie done at once, I trust that such arrange*! ties nents will be made as will secure that result mo luring the next fiscal year. op< The Governor next refers to reports of the ure lealth officer of Charleston, the Secretary of; 0I1( state, the Adjutant and Inspector General, j ,nd the State Librarian, and calls the atten-1 ion of the general assembly to sundry rccomuendations made by these officials. giv REPORT np THE STATE SUPERINTENDENT Prc ?f Education.?The report of the State su- Pa3 erintendent of education is herewith trans- dor aitted to the general assembly. I commend tril he entire report to the earnest attention, not dul nly of the general assembly, but of all our ags el low-citizens, who look to the welfare of the Per Itate. It presents the actual condition, at the his time, of our common school system, its the 1 rogress during the past year, the causes that he 1 iminish the efficiency of the system, and also anc - j!? i :i- tint onus oui some reracuics jor jtresL-jn uvns. i wx" t may be said, in general, that the report j tert hows a fair measure of progress during the i esist year. The school population of the State j or 1 ? 230,102; the total school attendance is j ery 04,738, an increase of 19,144 over the school j con ttendance of the preceding year. The nura- j suc er of free common schools in the State is i ?f 1 ow 2353, an increase of 272 since the pre- J sue eding report of the superintendent. The 1 j11*1 Dtal number of teachers employed is 2627, j Th< n increase of 253 since the preceding report. | l?u 'he average number of months during which | sy81 lie schools were actually open was only five, j dev 'lie number of school-houses in the State is I 228 ; an increase of 211 since the preceding ! Th< eport. The total amount of funds applica- i sen le Jo the common schools during the past j cati on r \vn<a S/i1 9 094 93 nf wbtr>li tJiorA romn ins i 1../^ w ? . / ~ I JUU s unpaid appropriations the sum of $29,779.- j wit! 1, leaving the sum of 6483,145.22 as the net ind' ihool revenue of the past year. The school! Tht xpenditures for the year were $448,251.76. tha I call attention to one or two facts which J of i ppear from these statistics, and which show The ow farour school system still is from the stand- of I rd which should be aimed at. First, the to- wot il school attendance falls considerably below posl ne-half of the total school population, being j istrj bout seventeen thirty-eighths. Second, the j it a; verage period during which our schools are ! resj l session, is only five months. Our coustant ! fore im should be to increase the school attcn-i mat ance till it embraces all our school popula- pari on, and to increase the length of time during j sub; hich our schools should be in session to eightj deb r nine months in the year. The State Su-! mor erintendent calls especial attention to the in-' den opacity of many of the teachers employed. I pub ^ree with him in the fact stated, and in his ban iggcstion of the cause of that fact. The pres lame rests with the Boards of County School tion Ixaminers, whose duty it is to examine all csts, ichers. These boards consist in each coun- j of the County School Commissioner and o persons selected by the County School j >mmissioner. I recommend most earnestly j at the appointment of the latter examiners given to the State Superintendent of Edu- { tion. I do not wish to be understood as re- j fleeting upon all our County School Comssioners by this recommendation, but in | 2w of undeniable facts as to the incapacity I some of these officers, I am persuaded that j b mode of appointing the examiners should | immediately changed. That being done, ;hink this primary cause of inefficiency in r school system?the incompetency of ichers?will be almost entirely removed, i 10 renew the recommendations made in my lugural address, that high schools be proled for in each county. The amount of >ney required by the State Superintendent, carry on the school system for the present ar, is based upon a school year of nine mths, and is undoubtedly largely in excess the means available for that purpose. I nnot recommend any appropriation under is head in excess of our means. The homemotto, "Pay as you go," is applicable here elsewhere. Even in educational matters, ; cannot afford to make expenditures until i have the means to pay. I do recommend, wever, that the largest appropriation pos>le, with a due regard to our financial neisities, be made for all our educational institions. But what is quite as indispensable the success of our school system, I trust it our fellow-citizens generally will take a >re active personal interest in the practical irking of the system. It is my purpose, ring the coming season, to make some per lal inspection, of our schools in different rts of the State, and to seek, in some public d private ways, to call out and secure a sater interest in our people generally on this bject. In these efforts I know I shall be :onded by the State Superintendent of Edation, as well as by all those who properly preciate the relations of education and free vernment. The State University, with its preparatory iool, the State Normal School, and the jricultural and Mechanical College at Orgeburg, will each, I trust, receive the attenn which they require at the hands of the ineral Assembly. Report of the Attorney-General?I .nsrait herewith the annual report of the torney-General. It will be found to preit, with due fulness of detail, the labors of it office in respect to causes in the courts which the State has been a party, or had interest which required a legal represenive. No one can examine the report witht being convinced of the importance and riety of the public interests to be representby the attorney-general. I earnestly urge 3 perusal of this report upon the members the general assembly. I think they will ' ree with me in the opinion that the litigan conducted through the attorney-general d those employed by him, has not only been tensive and most important, but that the inner in which it has been conducted, and j results attained, are such as to inspire conence in the fidelity and professional skill th which the State has, in this respect, been ved. The report of the attorney-general 3ws the amount of litigation still unfinished, is unnecessary to add that this unfinished siness, together with that which will inevitly arise during the present year, will reire that provision be made for the expenses cessarily connected with such litigation. I not doubt that more than one private cor * r%. . i _1 _ 1 ration in tnis state nas expenaea a jarger in in litigation during the past year, than 9 been expended by the State. The prosional fees paid to those who have reprelted the State have not equaled in amount )se which are usually paid by private peris and corporations for like services. I call ention to the estimate of expenses for the ssent year, at page 103 of the comptrolleraeral's report. County Finances.?The financial condin of many, if not most, of the counties of ? State is deplorable. The practice of malg expenditures, incurring obligations, and uing checks, warrants and orders in excess the funds provided to meet them, has pre* iled to such an extent as to produce a state affairs which calls for the action of the genii assembly. Under the present law, no rt of the funds to be collected for county rposes during the present year can be aped to the payment of any obligations inrred prior to November 1, 1874. The ret is, that no resource is open for the pres; payment of many of the most meritorious ditorsof the counties. I instance here, as that class, the jurors, sheriffs and other ofjrs, who have felt compelled, or actually m compelled by their public duty, to give iir time, or to use their personal credit to intain the public institutions of their couni. No juror could refuse to obey his sura- , >ns to attend the courts; no sheriff could i ?n his jail doors because the county treas- i :rs could not furnish funds to feed the pris- ! ;rs. In this way it has happened, to my < sonal knowledge, that county officers have ! rausted their personal means and credit, j i are left without hope of present payment. ] remove this injustice, authority should be i en to the County Commissioners, under per instructions, to levy taxes to gradually r past indebtedness. This should not be le in one levy, but the tax should be disputed over two or more years. The next ;y is to provide some effectual protection tinst such evils in the future. The only feet protection is honesty and economy on part of the County Commissioners; but in absence of these qualities, something may j done, I think, by legislation. To this end, 1 as the result of ray most careful examina- ] 1 of the subject, I recommend that the sys- t i of specific levies be applied to county tax- i I do not know that it will be expedient c practicable to make a specific levy for ev- t class of county expenditures, but I do re- \ nmeod that the levies be made specific for s h objects as the pay of jurors, the dieting ( prisoners, and other expenses which are of 11 h a character as to be essential to the j j intenanceof public order and government. J s pre is scarcely any subject which calls more ! e dly for redress, than our county financial i s terns, and I trust the general assembly will i ise and apply the proper remedies. j r Floating Indebtedness of the State. ; t j floating indebtedness of the State pre-,1 ts a subject so vast, undefined and compli- j v ?d, as to require the exercise of our best' f gment as well as great caution in dealing ' v li it. The total amount of the apparent j 0 ebtedness of this class is unascertained. F ; legal validity of a large part of it is more j 0 n doubtful, and the meritorious character , a i still larger part may well be disputed, is ;re is a certain view which may be taken j e ;his whole class of indebtedness, which ja lift treat it na a matter to he indofinifolv ! tponod. In this view the present admin-1 ation and general assembly might regard I c s an indebtedness for which they are not i 81 )onsible, and which they should not, there-. r >, permit to become a burden upon their a lagement of public affairs. For my own a t, I cannot altogether take this view of the 0 ject; I must regard so much of this in- S( tedness as has the character of legal and c al validity as a portion of the public bur- j P which we, who are now called to conduct: w lie affairs, must assume. On the other | a d, I am inflexibly opposed to the hasty or a lent liquidation of any considerable por- fi of this indebtedness. The public inter- a , in my judgment, require, first, that we should provide ior ine payment pruuipuy, ?uu in full, of all expenditures made, or to be made, during the present year. Not until this is done should our attention be turned to the past floating indebtedness of "the State. Further than this, I am opposed to any plan which looks to the indiscriminate payment of all this indebtedness, or the indiscriminate reduction or rejection. I think its amount, the various classes of which it consists, the time and circumstances under which and the objects for which it was incurred, should be ascertained. After this is done, I think such portions of this indebtedness as have the highest merit in point of general equity should be provided for, if it can be done without imposing too great a burden of taxation upon the people. Under this latter head, I think, would fall the existing indebtedness, in great part, at least, of the lunatic asylum and the State penitentiary, and, perhaps, of other charitable and penal institutions. I know, for instance, from personal experience and information, that many of our merchants, bankers and other citizens have come forward, from a sense of duty and not from ordinary business ' ~ n/1/iaeinna fn ailqffl in nil r II1UUVW, UU social UCIUHIVUU) >V lunatic asylum and penitentiary, by furnishing supplies and by lending their money and credit. Such services create the highest possible obligation on the part of the State to repay such parties at the earliest practicable time. I recommend, then, that, after due discrimination between the classes of our floating indebtedness has been made, such portions or classes of this indebtedness be selected as have the highest equitable claim to payment, and, then, that it be ascertained whether the people are able to bear the burden of any additional tax to pay them, in whole or in part. Whatever it may be found possible to do in this way, I trust will be done. Above all things, the general assembly should make any such levy speciflc in all respects. The objects to which the tax is to be applied should be distinguished, beyond all doubt or question ; if any debts are to be paid in full, it should be -J " -^ tC ~ Motrmonf omnnrf oU Ui uertu ] auu ll tl JJIU / utu |;aj UJ^UV i?ujwu^ several debts or classes of debts is to be made, the exact mode and per centage of payment should be specified. No opportunity should be given for any diversion of such funds from the precise objects for which they are designed by the general assembly. With the expression of these views, I submit the matter to the wisdom of the general assembly, with the hope that such action will be taken as will convince all honest public creditors of the readiness of this general assembly to do all in their power to meet the just obligations of the State. On the subject of fish culture, the Governor recommends an appropriation of about SI000 to procure the best varieties of fish with which to replenish our waters?the subject having been called to his attention by several citizens of the State. Minority Representation.?I commend to the consideration of the General Assembly the question of enacting a law applying the system of voting, known as "cumulative voting" or "minority representation," to the elections of incorporated cities and towns in the State. I do not feel prepared to do more than to recommend that the system be tried on a small scale at present. As a matter of nPAmiDfla fko kocjf rOQII 1 f Q LIICU1 Jf f l/IJC OJTObClU I^IUUIIOVO l/uv wvwv * vw?.w? but I think our policy respecting it should be tentative at first. If its practical results are satisfactory when applied to our cities and towns, public sentiment will sustain its application to other electiuns. A bill introduced by Senator Cochran, of Anderson, is now before the Senate, which embraces this feature among its provisions, and I commend it to the favorable action of the general assembly. Revenue Recommendations.?I renew, with increased confidence, the recommendations made in my inaugural address, and especially the recommendations for a reduction of all public expenditures to the lowest point consistent with the actual requirements of good government; the discontinuance of contingent funds, except to a very limited extent; the shortening of the sessions of the general assembly; the reduction of its expenses and the entire abolition of legislative contingent or incidental funds; the removal of all abuses connected with the public printing; the keeping of expenditures within receipts, and particularly the immediate adoption of a proper system of accountability in the disbursement of all public funds. The practical enforcement of the last recommendation I regard as absolutely essential to our success in avoiding the evils of the past, which now block our efforts at progress on every hand. Upon this subject, my views are so decided that I shall feel obliged in future to place the responsibility for a failure to adopt some safer system than the one now prevailing entirely upon ? 1 t_1_ uie general assemuiy. Mode of Selecting County Auditors and Treasurers.?In my iuaugural address, I called attention to the question of the best mode of selecting the county auditors and treasurers. My remarks on that occasion have been understood as a positive recommendation of their election by the people. Such was not my intention, nor does my language properly convey that meaning. My relations to this question are such at present is possibly to give me an unconscious bias in considering the subject. The importunity of applicants, the difficulty of obtaining correct ind unbiased intormation as to tne quanncations of applicants, and the personal dissatsfaction certain to arise, whenever any selection is made from several candidates, may, I im aware, affect my present judgment upon this question, and I therefore, leave it, with>nt recommendation, to the wisdom of the general assembly. Justices of the Peace and Constables. [n my inaugural address, I recommended that ,he provisions of the State constitution, which equire the election by the people in each :ounty of "a competent number of justices of the peace and constables," should be enforced vithout further delay. Considerable discuslion has since taken place respecting the wislora of that recommendation, and I now ventre, in renewing that recommendation, to jresent ray reasons more fully. The one alllufficing reason why those officers should be tlected by the people, a reason which should upersede the necessity of further discussion, n my judgment, is that such is the positive equirement of the constitution. I do not hink the general policy or result of the sysem, nor especially any question of party ad'antage or disadvantage, has any proper dace in the consideration of this question. I inderstand that constitutions are made to be beyed and executed. I understand that this rinciple applies to all parts and provisions f the constitution. I am aware that there is , certain latitudinarian rule of constitution, a ort of questionable "judge-made law," which nables courts, at their discretion, to hold that statute which says "shall" only means may ;" but I know of no respectable author ty which permits such a rule to be applied to oostitutions. All the requirements of a contitution are mandatory, and if this particular equireraent of our constitution can be set side, then there is no such thing left, as far s I can see, as constitutional obligation in ur State. The whole question is, therefore, sttled for me by a simple reference to the onstitution. But, if this were a question of olicy merely, my judgment and experience rnuld lead me to the same conclusidh'. It is practical impossibility, in my judgment, for ny Governor to appoint three hundred and fty trial justices, in all parts of the State, so 3 to secure, to a proper degree, the interests [continued on fourth page.]