Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, January 21, 1875, Image 1
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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.]