University of South Carolina Libraries
Anderson Intelligencer. ANDERSON, S. C. SUPPLEMENT. COMPBIHENSIVE WM BSOOMMEHDATIOKB FOR TEE CONSIDER? ATION OF THE LEGISLATURE. e or Governor B. R. Ti?mnn, j as Presented to the General As icmbly, November 24, 1891. Gentlemen of the General Assembly: Another year has come and gone, bringing the period for the representatives of the peo? ple to meet and perform their functions as a - part of the government; and, as required by . the Constitution, U Is a duty imposed apon the Executive to "gi vo to the General Assem? bly Information of the condition of the State, and recommend for their consideration such I measures aa he shall Judge necessary or | expedient." / The reports or the several heeds of depart ' ments and Executive Boards w'11 furnish full ' Information and details concerning all Slate Institutions and the several departments of the State government. Bot I will briefly condense such information as I deem most Important, and which will aid your honor? able body to grasp the general! situation in the State and condition of its Institutions. Finances. The reports of the State Treasurer and j Comptroller General are very full a nd com? prehensive, and an examination of them - will give a clear understanding of the State's finances. The condition of the Treasury is belter than It was last year, bet is far from being satisfactory. * I desire to compliment Treasurer Bates for the clear and comprehensive manner In which he has set forth the condition of our finances. It Is bo plain that the dullest can comprehend It?a criticism which does not apply to some of his predecessor's reports. . 1 will only give a brief summary, so that 700 can gather the general Situation? Bt.CEIPTS AND EXPENDITURES. Cash on band October 31,1890-,.S 77,913 03 Receipts,all sources........-.- 1,078,752 OS Total_?1,151.696 01 Expenditures_.?1,087,081 89 BaUoc* October 81,1891._.? 61,615 02 Total....._L_.?81,151,690 91 The following Is a comparative statement between 1890 and 1891 as to cash on hand: ISM. Cash balance October 81,1890.-9 77,948 93 Outstanding warrants-.- 41,803 82 Net cash balance?:.. .??._S 86,141 11 Borrowed money-._. 60#? 00 : Overdraws oo banks-.v 22,800 00 Due by State October 31, 1890;.S 73.300 00 Less cash-._. 86,141 11 Leaving net debt, October 81. 1890?.?_.'.._.S 87,158 89 1891. Cash on hand October 81,189L.....3 64,815 03 Less outstanding warrants...?.- 14,250 83 Net balance_.S 50.884 19 Add balance paid for 1890._? 87.108 89 Difference In favor Of 1S91.8 87,528 06 Here Is a comparative statement of liabil? ities or floating indebtedness, which may be | called for any time : 1890. DEBTOR. Cash liabilities, October 31,1890.S 489,197 881 Net debtor..:..-.?? 411,253 40 CREDITOR. Assets, October 81,1690: Cash In Treasury.-._ 77,948 28 j Itemised as follows: novekbeb 1, 1690. Assets in cash, October 31,1690: Cash balance, October 31,1S90..S 77,913 93 As follows: General account.........8 3.943 06 Department Agriculture.... 83,622 27 Sinking Fund Commis? sion.-. 39,837 40 Redemption deficiencies,... 1.U41 20 Total_.........8 77,943 93 Current liabilities, In cash, Octo? ber 81, 1890: Interest due and not called for. 177,876 84 j Loan (Interest to be Included, $500).... 50,000 00 Department Agriculture, due on department warrants (since paid)....>. 6,047 02 Department Agriculture, applied to Clemson College. 10,000 00 Sinking Fund Commission.. 39,337 40 Interest on bonds not yet funded... 91,326 00 Unpaid balance of appropriations- 106,608 07 8 4S9.197S3 1891. Cash liabilities November 1.1891.....$ 423,232 83 Cash assets November 1,1S9!............ 64,015 02 Net cash Indebtedness._.$ 363,617 81 As shown In following: ABSTRACT CASH ASSETS AND LIABILITIES, NOVEMBER 1, 1891. Assets In cash October 81,1691: Cash balance October SI, 1891...$ 64,615 02 As follows: Genera] account..?.?._ 22,876 49 -ftopartment of Agriculture. 1,114 52 Privilege fertilizer tax_. 187 50 -Sinking Fand Commission. 81,010 84 Redemption deficiencies (sales Bluet).-.... 908 97 Clen_son bequest, cash.... 5,247 78 Excheated property, cash_.... 2,661 04 Downer Fund, cash._... 517* 78 Total.?.$ 64,615 02 CURRENT CASK LIABILITIES OCTOBER 31, 1891. Interest due and not called for.$ 178,996 64 Interest on bonds not yet funded, after funding.-. 92.893 48 Sinking Fund Commission.1. 31,010 34 Special accounts reserved.-. 9,332 42 Unpaid balances of appropriations 116,000 00 $ 423 *32 83 The following Is an abstract of liabilities other than cash, 1st November, 1691. (Bond debt:) Total liabilities 1st November, 3890: Cash liabilities.$ 489,197 33 Liabilities other than cash.6,433.517 72 -?6.922,715 05 Cash assets 1st Novem? ber, 1890. 77,943 93 Net Ind :btedness 1st November, 1390. 36,844,771 12 Total liabilities 1st November, 1891: Cash liabilities.$ 428,232 84 Liabilities other than cash._.6,4(i6,606 00 -$6,834,838 83 Cash assets 1st Novem? ber, 1891._ 64,815 02 Net indebtedness 1st November 1391. $6,770,223 81 During the year the Sinking Fund Com- - mission has pur? chased and retired Brown Consols amounting to.? 26,911 72 ABSTRACT OP LIABILITIES OTHER THAN CASH, NOVEMBER 1ST, 1891. Brown ConsolP.$5,3.8,076 70 Blue 4 1-2 per cents. 4(0,000 00 Brown 4 per ceuts, 1890 29,396 70 Agricultural College Scrip.-. 1M.800 00 Deficiency Stock out? standing.-. 717 72 Bonds and Stock still fundablein Brown Consols, less inva? lidity, <tc. 301.614 88 -$6,406,606 00 The following extract from the Treasurer's Report calls attention to matters which are of great importance, and I cannot better pre sent them than In the language of tbat officer "I beg leave to call your attention, and that of the Legislature especially, to the lac; thai the Stute owes a large floating debt, est imated ut S271.890.07 of past due interest alone, be? sides unpaid appropriations as set forth above, and to the further fact that the so-called 'Treasury Reserve Fund' is practically a my lb representing for tue most part debts and not credits of the State. The Sinking Fund por? tion of what constituted the original 'Treas? ury Reserve Fund,' amounting to 810,017.18 when the Act was passed in 1886, has since been expended, as I understand, under laws governing the Sinking Fund, in payment of warrants drawn agalust it by the Board of Commissioners of the Sinking Fund. The di? rect tax fund portion under Act of 18S4, amounting originally to$39,244.39,(theamount received from Congress,) has beeu reduced to $18,453.77by payments upon the wurranlsof the Governor to parties to whom it belonged under the law. "Toe Interest on the unfunded bonds has been reduced gradually, as the funding in Brown Consols progressed, to S92.S93.43, as es? timated. But It should be borne In mind that these are in a sense debts the sui to owes, and do not constitute u fund practically held lit reserve in the State Treasury. "The only available way to create a reserve fund Is to raise actual money by taxation or bytbesaleof State securities and then hold it In reserve for the special purposes lor which It was created. A reserve fund Is really need? ed tomeet the really large floating debt of the State, composed principally of past due, but uncalled for, interest, and Interest on unfund? ed bonds, estimated to be $271,890.07, besides unpaid appropriations. It would perhaps bet? ter satisfy the people of the State if the Legis? lature would have this reserve fund investi? gated by a competent Committee." The"inyth" or mystery of this 'Treasury Reserve Fund" has long puzzled many be? sides the State Treasurer. The Act of December 22, 1886, creating the Treasury Reserve Fund, set apart $272,121.38, and required "Tbat said fuud shall be held by the Treasurer of the State of Soutb Carolina, to be used in payment of ail interest due Up? on the bonded debt of the State and appropri? ations made by- the General Assembly: i*ro vidcd, There be r o other funds In the Treas? ury applicable thereto. And when taxes are collected and paid Into tbe State Treusuiy, the Treasurer Btmll at once, from said collec? tions. , replace the amount of said Reserve Fund which has been used. * * * Said fund to be used and replaced as hereinbefore cireeled In each succeeding llscal year," Now, these figures either represented cosh or they did not; and It the money was there, has been since spent In excess of the receipts from taxation, ll should appear. If the money can be honestly accounted for. It will be a source of satisfaction to Know it. Therefore 1 cordially Join In the recommendation tbat steps be taken to thoroughly investigate the whole mutter. It is Idle to continue to keep this ' mythical" fund on the books of the Treasury, and tbe Act creating it should be repealed. As will be seen by the Comptroller Gener? al's Report, there is an increase on the assess? ed value of property this year over last of $17, 660,218, und that officer deserves commenda? tion for tbe zealous and unflinching manner In which he has endeavored to ferret out tux dodgers and make them share tbe burdens oi supporting tbe government. The law pro? vides that property shall be assessed at Its "real market value." And, while this is diffl cnlt of accomplishment, the Comptroller and his subordinates are noue the less bound by their oaths to carry it out, us far as practica* ble. It cannot be done in one year, or in five and there is neither sense nor law for the claim that It must be done "all In one year" o: not at ail. Ills like requiring a child to walk before it crawls, or remain forever In the cradle. There is and always will be, great In? equality in taxation. Much property will al? ways escape entirely; bat when it can be sbown that any one species of property is placed on tbe tax books ut its "selling vm ue," we have gone a long way towards bringing u all up to that standard. We have begun ou the railroads and banks. Justice demands that we go through the whole list, and I Join the Comptroller in asking tbat provision be mude for a reassessment of land next year. In this connection I would urge the necessity for a change )n the County governments and the mode of assessing property. County Governments. The office of County Commissioner should be abolished, and in place of it a government townships substituted. Three Intelligent men In each township, elected by the voters thereof, should be en n us ted wltb tbe man. agetnenlof the roads and bridges, schoois, and the assessment of property lu the same. The Chairmen of these local Boards should constitute a County Board to manage the County finances, audit accounts and order ex ?euditures. The salaries, if any, paid these ownship Commissioners, or Selectmen, can be determined by the voters or fixed by law. The Constitution can be changed to abolish the office of County School Commissioner, and these changes will inevitably result in a great saving to each County, while there will be a corresponding increase in efficiency. Property will be assessed at Its real value, and millions now bidden will be made to pay its share of taxes. This County Board should ul so constitute the County Board of Equaliza? tion, Instead of being appointed as at present by tbe Auditor. In this connection I suggest the propriety of requiring all notes, etc., tobe stamped by the County Auditor and placed on Lax books j.to make ihem collectible by law. Make tbe note shaver or lender pay tuxes as wel I as the land owner whose property stands in his name while he perhaps owes as much as it Is worth. Equity would require tbat a man de? duct bis debts from his property and pay lax 1 on tbe remainder. This is Impracticable, but It is better tbat property shall be trebly tax? ed, both debtor ana creditor paying, than that tbe debtor must pay double, as be is obliged to do end the creditor pay nothing, as is too often done. Defaulters. The investigations by different officers dur? ing the year have brought to light the lad that the "incipient rottenness" charged last year as existing in tbe government was not a myth. A shortage of $5,528 was discovered lu I the office of the Adjutant and Inspector Gen? eral, a like deficit of $980 In tbe account of tbe clerk of the Penitentiary, and theComptioller General has found shortages still unsettled In the Treasurers'offices of Charleston, Su inter and Union, aggregating $9,608. That officer says in his Report that there hud been a good deal of money made good of which no men? tion is made, and tbat in nearly every Couuty irregularities and errors existed, the amounts aggregating upwards of $20,000, wbicb he col? lected and turned into the Treasury. These are the fruits of an examination ol the books for one year only. W bat would be unearthed If tbe investigations were carried buck sever? al years, Is lei t to conjecture. The Asylum. At vcur last session a special Committee was appointed to Investigate tbe affairs of this Institution. This Committee began its labors in April, and, after taking voluntary testimony from some of tbe employees of the Institution, adjourned without completing its work. They found, as I afterwards learned, that one of-the Inmates had been allowed to retain a pistol in bis possession, and other re? prehensible irregularities. Shortly after? wards this same patient made a murderous assault on one of the attendants,- and tbe mat? ter belog called to my attention I Immediate? ly summoned th; Committee to come back and. conclude Its labors. Two of the mem? bers, Dr. Strait, Senator Irom Lancaster, nnd Dr. Goodwin, member of tbe House from Greenville, responded ; and as I nm, under tbe Constitution, charged with tbe appoint? ment of all officers and employees of the in? stitution. I went wltb tbe Committee and we made u thorough and searching investigation Into ti.s management, A stenographer was employed, who took down all important tes? timony, a part of which will be printed for your information to accompany the report of the Committee. We found that there bad been very lax discipline and negligence, attri? butable to tbe Superin tendent. Dr. P. ID. Grif dn ; and after giving that uentleman an op? portunity to disprove tbe charges made against him, which he refused to r.ccept, be was removed and the Institution placed tem? porarily in charge of Dr. Thompson. The correspondence In tbe case is on file In the Executive office for tbe Inspection of any member of the General Assembly who de? sires to read it. My insight into the condi? tion and workings of the institution and knowledge of Us wanls was largely Increased by this personal investigation, and I can reit? erate, with confidence, tbe opinions and ad? vice given in my inaugural address as to changes in Us management. The present Superintendent, Dr. J. W. Bnb cock, an accomplished and thoroughly edu? cated specialist, who was appointed in July last, and assumed control on August 15, has made some suggestions In wbicb I heartily occur, in reference to tho admission of pa? tients and to other matters connected with tbe institution. A Joint Resolution uns passed last Decem? ber, authorizing tbe appointment by the Ex? ecutive of a special Committee of three phy? sicians and two citizens whe should examine (be patients in the Asylum aud report as to tho number of Imbeciles and harmless luna? tics who could be more economically support? ed at tbe County Poor Houses. I have nev - appointed this Committee, because I fell ihm. it was an unnecessary expense, nnd because of tbe fact that the laws governing the ad? mission of patients to the institution would In all probability result in the speedy return of such inmates to the Asylum. But at my request tbe tbree physicians of the Institu? tion have made an examination into the con? dition of each patient, with a view to obtain? ing this very information. Dr. Bnbcock's re? port is given here; and it will be seen that If these inmates coming under this description are retnrned to the Counties whence they came, the expenditures for maintenance of tho Asylum will be largely decreased and its Bresent strained accommodations relieved. t. Babcock advlsos that the power be given the Superintendent and the Board of Physi? cians to examine patients npplylnK for ad? mission when sent to the institution under tbe existing laws, and that their rejection bo allowed, if there Is not conclusive evidence that they are proper persons to be admitted. That there are abuses under the present lax methods, and that tbe charity of the Stale Is abused under tho present system, Is beyond u doubt, but his suggestions will secure n re from tbat will relieve the S*.ute of an unne? cessary burden. Office of Superintendent South Carolina Lunatic astloi, Columbia, s. c, Nov. 21,1891. To the Excellency R. R. Tilman, Governor of South Carolina : Sir: I And thnt there are now in the Asy? lum twenty-one white mala patlentn and twenty-seven colored male patients of the harmless ciasB who may be cared for by friends, or In County Poor Houses. In the absence of Dr. Thompson, I cannot glva yon | an accurate list of the female patients. I am sure, however, thnt the total number may be reduced considerably below seven hundred,? | say six hundred and seventy-five. Respectfully, James w. babcock, supt. There are now 738 inmates in Asylum. Attention is called to the fact that County Commissioners in several instances have re? fused or neglected to obey Section 1505 of the I General Statutes, requiring imbeciles to be removed from the institution when notified [ by the Superintendent An Instance of flag? rant disobedience to the lawoccurred in Octo? ber last in Charleston County, notwithstand? ing there whs a sp;clul Act passed in 1834 looking to the punishment of the Commis? sioners of that County (see Section 5, page 828. Acts 1881.) If they fall to obey Section 1595. Having elsewhere cnlled attention to the lu tllltyof the hope of convicting County offi? cials under certain conditions, this fact is i mentioned to sbow t ie necessity of granting to the Executive the power of suspension or removal for certain oifenses when tho law Is thus flagrantly violated. As the question of the su'pport of paupers Is thus broached, I in? corporate here certain facts in reference to the Poor Houses of several Counties which I obtained through their respective Auditors. Abbeville.... ... 81,778 91 Alken. 1.523 44 Anderson...!... 2,000 00 Barnwell. C00 00 Beaufort. 3.619 84 Berkeley.|... 5,640 21 Charleston.. ... 440 00 Chester. 17 1,500 00 Chesterfield .o! 450 00 Clarendon... ... 500 00 Co lie ton.L. 450 00 Darlington.. ...| 1,300 00 Edgefleld.28 1,350 00 Falrfleld.115 2.861 38 Florence...?.'.... Georgetown ... 1.500(H) Greenvllle...l82 2,500 00 Hampton....'... 503 00 Horry.L 1,850 00 Kershaw.L 1.750 00 Lancaster.... 2,255 00 Laurens Lexington...... Marlon......L Marlboro..... Newberry ...|14 Oconee...12 Orange burg .. Pick ens.... Richiaod.;22 Sparenburg .. Snmter.I 5 Union ......... Wiirnub'rg York 250 CO GOO CO 2,500 (0 1.000 to 1,000 CO 4?! ?3 1,275 CO Expended for poor. Expended for poor. Expended for poor. Expended for poor. ;Had P. H. to July, '91. iTax lexy ^mlll. 4,000 CO, 8,000 CO 1.390 00! 2,000 00 Nearly. 771 00! 504 HO. It will be seen that the Counties of Charles? ton, Colleton, Hampton, Wllllemsburg, Flor? ence, and Berkley, have no Poor House at all. notwithstanding Section 878, which Is manda? tory, requires the County officials to provide one. This accounts for the large uumher of oaiienls (making It virtually a Poor House for that County) from Charleston who are dumped on the Asylum, and emphasizes the argument advanced In my inaugural requir? ing each County to support its own Inmates In that institution, The County ofRlchland follows the same method to some extent, al? though It has an Alms House in the city of Columbia, costing 81,000 annually for support. There In no tillable land belonging to it,us re Sulred by Section 878, Revised Statutes. Ichlaad, with a population of 36,W9, has CO inmates in the Asylum, being second on the Its!.. Charleston hus 103, while its population is 59,837. Spar tun burg has 42, with a popula? tion of 65,381 : and while this County spends 33.(00 on paupers at home, Charleston spends 844i). Comment is unnecessary. before dismissing this matter I would, call attention to the unreason ably and uuaccount able dlneernces iu the amount of coat for Poor Houses In the dltlereu t Counties. The Penitentiary. The Report of the Board of Directors and Superintendent show this lurMtution to be In a healthy condition. The number of con? victs thlf) year is 793, us compared with 791 last year. Attention has been paid to the sat.Hary condition and the proper dieting of tho prisoners, the good results of which are shown in the decrease in the death rate, which facts are very gratifying. The financial condition Is as follows: ExHinrr A.?A Statement of Cash Receiv? ed und Disbursed at South Carolina Peniten? tiary Durlnu: the Period Beginning January 3rd, 1301, and Ending October 31st, 1891. debtor. To amount received from T. J. Llps scomb, former Superintendent, us balanceou band January 3.1891.8 4,547 03 To amount received for convict hire. 25,022 14 To amount received for soles Cotton t.od other farm products. 21,510 70 To nmouni received for Sundries at prison, brick, &c. 1,910 87 To amount received for Sundry Stop? pages, Fines, <tc. 801 80 To amouut received for sale of Hos? iery Mill Machinery. 3,000 00 To amount received for Transporta? tion new ConvlctP, November nnd December, 1890. 326 38 To amount received for Transporta? tion new Convicts, 8d January to31 October, 1891. 2,531 90 To amount received for visitors' fees.. 425 10 SO 1,083 87 creditor. By nmounls paid per itemized state? ments . Debts or Former Adralnistiution.8 4,095 33 I Fay Rolls?Prison, Farms, and other camps. 14,722 44 I Subsistence. 13.232 17 Incidentals?Wood. Coal, Sic, &c. 4.S3C 53 Shoes....\. 1,463 80 ClotblDg. 542 58 Hospital Supplies. 425 33 Board of Directors. 1,180 19 Transportation new Convicts. 2,531 90 Tmnpnrtalion Discharged Convicts... 777 87 Materials for New Hospital Building 235 23 Material and Supplies for Water Wheel Well. 667 40 Ammunition and Supplies used on Canal. 1,018 39 Payment on DeSaussure Farm. 2,990 00 IClemson College, pay rolls and ex? penses.?. 2,973 74 [Balance,Cash on band. 8,433 95 t 801,033 87 assets :?Cash on hand.3 8.130 05 Amountdue by sun d ry con tractors for convict hire. 5,800 00 Estimated for Cot? ton unsold. 15,000 CO 828,730.95 This result, which not satisfactory, is In no wise attributable to the present manage? ment, which has accomplished all that was possible considering the adverse conditions under which the institution has labored the whole year. When the prssent manage? ment asssumed control it found contracts ex lstlugwlth the Cans I Trustees and the own? ers of the farms worked on shares, which they were obliged to fulfill. Experience soon showed that the compensation allowed for the work on the canal was barely enougii to pay for the maintenance nnd guarding of tho prisoners In It, and all hough a little advance in the rules was obtained the work has yield, ed very little or no profit. The farming operations, owing to extreme? ly unfavorable seasons and the low price of cotton, have also leit a very small margin. The canal is completed, and it Is safe to say that it has cost the State of South Carolina not less than 8300,000. This amount she has presented to the City :>t Columbia in lieu of 500 horse-power developed at the Penitenti? ary; but we will hope that the increase in properly values, which are expected lo remit from tue development of the wnler power, will in time reimburse the State. There is one contract for a year i till to be fultllled, the work being on shares, but the Directors have decided that in future they will only faun out the convicts for a net sum per capita to contractors, und they will bend all their en? ergies In farming to the development of the Suite farm lu Sumter County, known as the Desaussure Place. Phosphate Commission. In accordance with a provision of the Act creating the same, the Phosphate Com mis? sion, of which the Executive is cz-fj)lcio a member, was organized iu January Ittsl, and we made an extended and thorough Investi? gation of the phosphate industry. The amount of capital invested in this business is very large, and no conception of the In? genuity di.splnyed In adnoting means to ends and in overcoming difficulties (at first glance seemingly Insurmountable) can be obtained without a personal inspection of the work. It would be lime and money weilspeut if the General Assemby could make a tour of tho river phosphate works and Judge for them? selves of the vastness und value of the depos? its, such a visit would uflord more informa? tion lu a day than could be derived In any other possible way In any length of time, and It would be of lasting benefit to the Stute, for the Inlor ?nation obtained would be thus disseminated over the Stale, and the people at large come to understand, at least In a de? gree, what a vuluuble heritage we have In these beds. There has never been any syste? matic or sensible control of the Industry, and plre.idy Irreparable damage has been done In permitting the miners to roam at will and pick about, mining lor the riuli pockets and beds most easily accessible. In tblnklngover the cond itlons surrounding the industry and proper course to be pursued in Its manage? ment, I have always deemed it essential that there should be a survey of the phosphate territory, but a personal Investigation show? ed that such a survey, to be of any value, would require a large outlay and much time. Therefore it was deemed best by the Commis? sion not to undertake It with the means placed at our disposal, viz., 810.UOO. This amount would hardly have been sufficient to give us a dredge adapted to test even the shallow streams with less than twenty feet of water, and when It is remembered that most of the estuaries emptying Into St. Hel eua Second and Port Royal Harbor are very deep, and that much of the rock mined has been raited out of water over forty leet in depth with an overburden of sand of from six to twelve feet thickness, the obstacles In the way of a survey can be readl ly seen. We found that in order for the Inspector to exer? cise any Intelligent sunervlsion of the min? ing, und to enable him .0 see that the royal? ty was honestly paid, it vne absolutely neces? sary to provide some means ot water trans? portation ; therefore wc used part of the money, S2.313.SO, In purchasing a small steam launch Tor his use. The balance of the appro? priation is still in the Treasury, but owing to an omission in the appropriation Bill the Commission was forced to borrow enough money to pay the salary of Inspector Jones and other expenses. This money was kindly louned us by the Carolina National Bank of Columbia without interest, and provision will have to be made for its payment. The amount Is $2,801.44. On the 1st of Murch in accordance with the instructions of the Act creating the Commis? sion, we took possession of Coosaw River and issued license to mine therein to three com? panies. Two of these entered the river, but were enjoined In the United Stales Court by Judge Simon ton. He took advantage ot the fact that the Phosphate Commissioners were treated as Individuals rather than as Stale officers, although he knew they were State officers, to grant the injunction. as the public prints have given full ac? counts of all subsequent litigation.and the present status of the Coosaw case, I shall not mention it further than to Bay that while there is a decrease in the revenue conse? quent upon the stoppage of the Coosaw Com? pany of 852,638.60. we feel that the Stute is to be congratulated upon the present status, as there is every reason to expect that the Un? ited States Supreme Court will sustain the view already expressed in I be decision of Chief Justice duller and the suit be termi? nated early next year. The price of phosphate rock continues high and ?b soon aa work can be resumed In Coo? saw River there will bo an Increase In the in? come of the State from royalty more than suf-j flclent to recoup us for the little loss we have1 sustained In maintaining the rigbt of the State tocontrol her own properly. It would be wise, in my opinion, to give the Commission the power to impose n graduated royalty to correspond wluh the prices of rock, and also to permit it to fix tbe royalty on rock in streams other than Coosaw at a less rate than for that river. Some of the rock Is of low grade, and some of ibe deposits ure very bard. making mining difficult. Therefore, a fixed royally for every locality precludes profi? table mining in many streams If concessions are not made to the miners. It would also be better when Coosaw River is opened to ap? portion that territory among the different persons applying for a license and require them to mine over tbe whole allotted terri? tory. We have found, by the report of In? spector Jones, that under the management of the Bureau ol Agriculture. Commissioner Butler and Mr. Roche, the different compa? nies, notably the Coosaw, have been paying less royally than the law requires, by reason of not making due allowance for tbo mols lu re expelled in drying tbe rock. How much of this, if any, can be recovered will have to be determined by the Courts if the Attorney Oeneral shall deem It wise to enter suit. The loss to theStnte (bus discovered has amount? ed to 8132,351.61 since mining operations were begun, and 886,378.09 since tbe establishment of ihe Agricultural Department In 1839. The difference, 6.45 per cent., between the emount of moisture actually expelled and that which the companies have allowed, amounts for fiscal year to more than 811.000, and as tbe present officials cannot be held responsible for any quasi agreements or neglect on tbe part of their predecessors, payment of this sum will be demanded, and, If necessary, en? forced in tbe Courts, while we will In future require payment on the basis of 81.10 per ton for dried rock. Before leaving this subject I desire to men? tion the importance of some steps being taken to prevent the damage now resulting to the Slate's interests In the Ashley, Stono and Edlsto Rivers by the dumping of tbe de? bris or tailings into those streams from the workti of the land miners. Sometime ago I addressed a communication to Capt. F.V. Abbot, U.S. Engineers, at Charleston, ask? ing for Information as to the filling up of thes-e streams by reason of this debris being emptied therelr. He replied that he had re? ported lo the authorities at Washington In re? gard to Ashley River, but knew nothing of obstruction to the other streams mentioned, and lu formed me that Congress, last .Decem? ber, had passed an Act prohibiting tbe dump? ing of such material Into navigable streams The State's Interest is lo prevent her phos? phate beds from being burled so that they cannot be profitably mined, and United Slates seeks to preserve the navigability of rivers. But for rear tbe Ualted Stales author? ities may not press tbe matter I call it to your attention. Educational. The Reportof the State Superintendent of Education makes u full exposition of the con? dition of the educational Institution:; of 1 he Slate. Our free schools are not In a satisfac? tory condition,and never will be until the present unwieldy, irregularly shaped districts are subdivided, and small, compact ones sub? stituted, iu which shall be permanently loca? ted one school house for euch ruce. This Is the basis upon which local taxation supple? menting the two-mill tax can erect a school system that will accomplish the ends desired, and until it Is done little or no progress will be made except In ihe towns and ihlckly pop? ulated seclions of tbe couutry. I would urge you not to adlnurn again till ycu take up this matter and perfect the law. The State Is making a lar greater outlay for higher education than some of her sister Stute?, but the common free schools alone are accessible to nine out of ten children within her borders. They should receive the foster? ing care of tbe General Assembly, and I know of nothing which would give the cause of ed? ucation such an Impetus. The South Carolina College. This institution, which has been In exist? ence for nearly n century, and which holds a very warm nlace In the heart of every intelli? gent Carolinian, has beea reorganized under ihe Act of lost December. As was expected, the change from a university and other causes have for the time being caused a decrease in the number of students, only ninety-six hav? ing thtiB far matriculated for this session ; but the College has an able and loyal corps of Pro? fessors, thoroughly imbued with the purpose to make it a first clan literary institution, Its stundard has been raised, and we have ev? ery reason lo-bope that in a very brief while it will assume and occupy its rightful place ut the head of such institutions In this State. I cannot refrain from expressing regret that so much money has been wasted In the past three years for t he salaries of Professors and tutors who bad no pupils, to the neglect of the buildings and library. There Is dilapida? tion every where about the institution und a woful luck of modern books in the library. It is to be hoped the General Assembly will act liberally, so as to put the buildings In re? pair and supply tbe more preeslng needs of the library. In "his conn eel Ion I would direct your attention 10 tbe feasibility and desirabil? ity ol lighting all the Slate institutions In the city, the State House, the Asylum, tbe South Carolina College, the Executive Mansion and the Penitentiary, from one plant, located either on the canal or at the Asylum. There isulreudy located at the Asylum an electric light plant which Is run every night In the year. Its cost per annum Is 82.200, without al? lowing lor wear and tear. The co-t of the lights at the State House this year has been upwards of $1,200, the gas bill at the Executive Mansion Is over S100, while the Penitentiary and College have no lights whatever. It Is en? tirely practicable by a small outlay to In? crease the pi .ni at the Asylum so as to fur? nish lights for all these Institutions at an an? nual cost not exceeding Ihe present expenses. I have In my possession estimates which I can submit to the Committee of Ways and Means showing the practicability of the Stute furnishing Its own lights und saving money thereby. I have during the year visited the Citadel Acudemy, Chillin College and the Cedar Springs Institute. All of these Institutions are In good condition, and, so far as I could see, admirably conducted. The Citadel has recently bad the burnt wing rebuilt, and lias been put in thorough repair throughout, and has laid the foundation of a handsome and useful library. The Cedar Springslnstltute Is a credit to the State. It ha? such an atmosphere of love and kindness about It that It does one good to see It. Its manager lent reflects great credit on the Board of Commissioners and the zealous Superintendent. I think the General Assem? bly can confidently grant all the money ask? ed by these gentlemen with the assurance that It will be used Judiciously. If the new electric plant is purchased for the public I buildings In Columbia the present one In use at the Asylum would be ample for Ihe Cedar Springslnstltute. CleniNon College. As a Trustee under the will of tin late Mr. Clemson.I naturally feel a deep Interest In this Institution, and It must be gratifying to the friends of agricultural and industrial ed? ucation to know that, although the buildings are not near completed, the roll of applicants for admission to the school already numbers 870. I There had been spent up lo the end of Ihe fiscal year. October."II, 1890, In the erection of buildings 817,080 3,'i and during the fiscal' ,! year ending October 31,1991, SlO0.I27.2lt, mak-1 j Ing a total ol ?123,213.61. Owing to the large1 number of applications which poured In last' Spring, and wnlch have continued up to dale, 1 the Trustees felt that It was obligatory upon i them lo enlarge the plant so as to afford the necessary accommodations: and this has nee cssarily Increased the cost above previous es? timates. Alter a careful and thorough can? vass of the material on hand, with the work remaining to be done, It is found that903,(100 more will be needed to complete the building and partially equip the college. As we are bnildlnir a school which evidently supplies a long fell want, and the State is rucelvlngn lib? eral amount of money fiom the United States government for Its maintenance, we have deemed It proper to build substantially und as cheaply as possible while providing all mod? ern appliances. These Include heating, cook? ing apparatus, water works, electricity for lights, power aud the study of electrical engi? neering, and everything else which will be necessary for the largestand best agricultural, mechanical and industrial school in the South. The announcement has been made tbat the school will open In February, but I think It hardly possible to open that early, unless we have nn exceptionally tuvorable Winter for building. Owing to the fact that, we have been unable to sell he Agricultural Hall, the Trustees are now out of money ; and in order not to lose time or allow injury, which would necessarily follow cessation of work, we have borrowed 820,000 on our individual .notes with which to prosecute the work. I Informed you in my Inaugural address last December that it would be possible to build the school with? out taxation but It would take two years to do it, and it will depend upon the action of the Legislature whether the school shall open In March or not. The estimated income which we may expect to have for the next year la as follows: From Hatch Fund.815,000 00 From Morriil Fund. 15,000 09 Land Scrip. 5,750 00 Clemson Estate. -1,600 00 Privilege Tax. 40,000 00 Total.830,250 00 There are two unknown quantities In this estimate, the Morrlll fund and the privilege tax. The privilege tax for the present year has been 853,285.85; but when we remember the present low prices of cotton and the prob? able falling off in the consumption of fertil? izers. It Is not safe to calculate on more than 840,000 privilege tax next year. The Morrlll fund was accepted by the General Assembly last year and equally divided between Clem? son and Cln.fll n Colleges, but Secretary Noble has refused to pay over the money on that ba? sis and the matter will have to be decided by Congress, and it may result in a refusal to ac? cept the terms offered by the State. In this event the income of the College will be much less. A careful estimate of the amount neces? sary to run the College with upwards of 600 student", together with the experimental sta? tion nnd the necessary expenditures for the Inspection and analysis of fertilizers and the other work of the old Agricultural Bureau, shows that it will take not less than 865,000. Therefore, we say that we cannot both build and run the school without help. It is en? tirely practicable to finish it and equip it without a dollar of taxation it the opening is deferred a year; but can we afford this? Shall the regiment of young men nnd boys who are waiting to enter Its portals be forced to seek schools elsewhere or lose valuable time while waiting for the opening? I am perfectly well aware that this Is no timo to ask for nn Increased expenditure of public money. The depressed condition of our agri? cultural Interests, the hardness of the times, admonish me tlint we should practice every possible economy to reduce the burden of tax? ation to a minimum. But it would be econo? my nnd wisdom too to formulate some plan by which the Trustees might be able to bor? row this money, complete the school and open its doors to students in March. In a few years at most the surplus revenue of the Col? legewill be ample to replace the sum now necessary. I have laid the facts before you, and trust to your enlightened wisdom to de? cide the question. Before leaving the subject of the College, I would state that for the purpose of complet? ing the building and putting the farm (which is almost wholly a forest from which the wood has been taken to burn brick) In a con eition for agricultural use, we will need firty convicts for at least another year. The bal? ance of the convicts will be returned to the Penitentiary at nn early day. And here I may call your attention to another important mat' *r": tbat Is, the regulation or definition of the conditions to be complied with befope n student can be admitted to this institution without paylug tuition. The scholarships at the Citadel Academy arc awarded to boys*sup? posed to be too poor to-pay. and the law re? quires a tuition fee of 840 at the South .'nroll na College, and at Clemson of all students wbodo not come under this class. Complaint bus reached my ears that advantage has been taken of this provision, and that there are now students both In the Citadel nnd at the South Carolina College paying no tuition, but whose parents are able to pay. I hope in at legislation will be had clearly defining how the matter shall be determined sous to pre? vent the State's generosity from being abused. The Industrial School Tor Women, By Joint Resolution of the Legislature the Executive was authorized to appoint a Com? mission of Inquiry with reference to the es? tablishment of an Industrial School for Wo? men. The Report of the Commission has been submitted und is before you for consid? eration. No argument is needed to enforce the Importance of this subject. The Report shows un overwhelming burden of testimony from experts In favor of the union of indus? trial and normal training in connection with a sound scholastic education. In fact, teach? ing is one of the most comprehensive nnd useful forms of woman's Industry.and,on the other hand, It is Important that our women teachers shall also be industrially trained In order that the elementary touching of useful Industries may be gradually introduced into our public schools. In the South especially this union of Industrial nnd normal educa? tion is strongly commanded by the greater economy of founding and maintaining one rather than two institutions where so much would be in common, as well as by the greater advantages offered to pupils of selecting either of these branches, or of combining the two, in the same institution. The Report sub? mits the substance of the several oilers made by diderent towns of theStute for the location of this school,and tiiedeliilled bids uro on file for your examination. The number and char? acter of these offers, coming from all parts of the State, show the wide interest of the peo? ple In the subject, and a re a pledge of I Is suc? cess and usefulness. More than one ol these offers should suffice, If fully realized, to se? cure the building nnd necessary equipment of the school without a dollur of first, cost to the State. It would be only necessary then to provide for Its maintenance. 1 recommend thnt an Act be passed providing for the foun? dation and future liberal support of a State Industrial and Normal College for Women, conditioned upon the acceptance and fulfill? ment of some one of the offers referred to. I concur with the recommendation of the Re? port that the location of ihe -?chool be left for future selection, after careful inspection of the several bids as offered und guaranti ed to the State. Authority should be conferred, on the acceptance of such offer, to proceed at once with tho work of preparation so as to open this school at the earliest possible day. I would say. further, that after the Clemson College shall have gotten well under way and equipped. In four or five years at most, there will be enough money now going to that school to run it and also this girls' school without taxation. We have every reason to believe tbat such a school will bens popular as Clemson College aud meet a want long felt. As a preliminary step, I urge that the State, by Act of the General Assembly, adopt the Winthrop Training School, name and all, as Its Normal College, and provide for its amal? gamation with the Industrial College ns soon as completed. The reasons for this are these: The Peabody Fund is to be distributed in 1807, and it will be given ns endowment for teach? er-training schools alone. If the Slate takes this action I have every reason to believe that the Peabudy Trustees will handsomely endow the proposed college. Removal from Office. In my administration of the Executive of? fice I have found things In a very muddled and unsatisfactory condition as regards the powers und duties of the Governor In the matter of removal. I will briefly outline the existing status and the defects In the luw, so that the General Assembly cun see the Im? portance of legislation. Article 2, Section 31, of the Constitution reads as follows: "Officers shall be removed for Incapacity, misconduct, or neglect of duty, in such man? ner as may bo provided by law, when no mode of trial or removal Is provided in this Constitution." Provision is made for impeachment of Exe? cutive nnd Judicial officers, or for their re? moval by the Governor on the "address" of two-thirds of each House of the General As? sembly. The General Statutes, Sectiyn 2555 provides : "Any public ofllcer hereafter tobe elected or appointed whose authority Is limited to a sin? gle election or Judicial district who shall be guilty of any official misconduct, habitual negligence, habitual drunkenness; corruption, fraud, or oppression, shail be liable to in? dictment, and, upon conviction thereof, shall fitted not exceeding one thousand dollars, and Imprisoned not exceeding one year." The matter of removal or suspension Is treated In some instances vaguely, In others explicitly, In Sect ions 111, 454.477.001,799,(mod Ifled by Act of 1300), 01?, 1053. 128?, 2003 . 2553, 2500 nnd 2.504, and these embrace everything on the subject that I can find In the luw. A careful examination of these several Sections shows' that the power of ihe Executive to en? force the execution of the law, or to protect the public Interests in case of "Incapacity, misconduct or neglect of duty," is very small. Take the case of such officers ns come under j Section 2-555. There must be conviction by a Jury bclore tho Governor can interfere, al? though ho have positive evidence of guilt; and when It is remembered Hint several of tho officers mentioned assist in drawing the Juries before whom they themselves are to be tr"lcd,it will bo seen tnut there Is something farcical about the business, und, in fact, while there have been comparatively few cases of official malfeasance or misconduct made pub? lic in our State, there Is not one Instance of eon vlctlon of which I have any knowledge, S.ntlon 12, Article 13, or the Constitution provides: "He (the Governor) shall tultc cure that tho laws be faithfully executed In mercy." The Anglo-Saxon race has ever been jealous of the prerogatives of tho King. Their de? scendants In America nrc equally watchful | against ofllclal tyranny, but It Is easy lo showj that there is no possibility of Ihe Executive having the laws "faithfully executed" unless I ills hands arc strengthened. The exorcise of power always Impose* responsibility, ami Its tyrannical iibilBO by the Governor can be checked or punished by Impeachment. Then public opinion as expressed at the ballot box affords a speedy corrective for any wrong to a citizen wnlch the Executive may do; but whether It is boiler to risk abuse of power by the Executive or continue to rely on laws that are Inoperative, Is for the General As? sembly to determine. I will Illustrate. Take tho case of Sheriff McTeer. of Hampton County. The Governor received Information tbat a prisoner who was under arrest at his house In Brnnson for as? sault nnd battery with Intent to kill, nnd for whom a requisition from the Governor or Florida had been granted for the crime of murder, would be allowed to escape, lie no? tified the Sheriff and warned him to be on his guard, but notwithstanding tills tbe man did getaway; and while the Sheriff's Illness pos? sibly caused the escape In this Instance, is It reasonable to think anything would have betMi done ubout it ? Then theense of the Clerk of Court, in Lex? ington. Evidence (an acknowledgment un? der his own signature, in my office.) shows that this officer was a defaulter as long ago as last May. Nothing was said or done about It till arter thoScptember Court, except the par? ty to whom the money was due entered suit to recover, When ills case was not pushed at the Fall term, he came to me for redress. The Attorney General visited Lexington, nnd found the Clerk's office in n bud condition, with large land sales advertised lor the follow? ing Monday. The Grand Jury, w hich neces? sarily knew of the shortage, had failed to make any presentment, or to mention the matter; nnd had not the Clerk, who appears unfortunate or careless rather than criminal, voluntarily sent in his resignation, tliero was absolutely no remedy under existing laws, and he could have sold the land, pocketed the money, and held the office against any pro? test till next term of Court. The General Assembly have a choice between two evils ? giving more power to the Governor, which may be abused as against a few men, or per? mitting things to remain as tbey are, to the injury of the public at large, and producing discontent and a demoralized condition of tbe public service. If given authority to correct these evils. I will do it fearlessly. If it is thought, better to trust to Juries drawn by the men who are to be tried, I am content, since attention has been called to tho mutter and the people can understand where the blame rests. Charleston Snpervlsorsblp. At your last session a law was passsd pro? viding lor an entirely new registration in the city of Charleston, uuder special Commis? sioners. The reason assigned were, that tbe old registration was largely fraudulent, and under it many citizens were disfranchised. The work was performed In a highly satis? factory manner by the three Commissioners, Messrs. Williams, Small and O'Neill. But J before it was completed (May 31st) complaint was made to me tbat Mr. w. P. Cant we 11, the Supervisor of Registration for Charleston County, Into whose custody the new registra? tion books were to be delivered, was a man unworthy to hold so Important n trust Charges were preferred against him of dishon? orable and unfair couduct In holding a Demo? cratic primary and a request made for bis re? moval. Upon investigation I found that Cunt well wan holding, at tho time, the office of Clerk to the Board of County Commission? ers as well as tbat of Supervisor of Registra? tion. Section 91 of the Revised Stututes provides thnt this officer "shall continue in office till his successor shall be appointed and shall qualify; and he shall not be eligible to any other office during tbe term for which be is appointed." While 1 knew thai the Supreme Court had declared this provision or the law against bis eligibility unconstitutional, be? lieving that the Legislature which enacted the law clearly Intended that a Supervisor of Registration should not hold any office while acting as Supervisor, I promptly removed hlra on that ground ; and though I did not so stale, I may as well say that I was also largely Influenced by the belief that the charges against him were true, nnd tbat he was not a proper person to hold tbe office. Recognizing his right or appeal to theSenute. if be so deesred, and learning that be denied my right' to remove him, I appointed Mr. Geo. \V. Williams Deputy Supervisor and or? dered the Special Commissioners created by Act of December 21,1890, to turn over tbe new registration books to blm. This tbey did, and Mr. William.] held the office and dis? charged its functions until Judge Wallace (In June) Issued a peremptory order for him to surrender to tbe Master, Mr. Miles. This action on the part of a Circuit Judge was an extraordinary proceeding, and, while the matter Is a trlvlul one aud might be dis? missed without u second thought, there Is In? volved a principle of vast Importance should the dnugerouii precedent thus established be allowed to go unchallenged. In my opinion Judge Wallace presumed overmuch when he undertook to review the action or the Executive at nil, unless there had been a clear and unmistakable usurpation or authority on my part. But when be strains the in terpretation or a statute in or? der to give excuse for Interference with the Executive, and at the same lime usurps the lunctlons of the Senate to accomplish hlspur fose, it is time to treat tbe mutter gravely, t is, I think, easy to show that he has done both. Article 1, Section 20, or the Constitu? tion or South Carolina declures: "In the gov? ernment or this Common wealth tbe Legisla? tive, Executive and Judicial powers of the government shall be forever separate aud dis? tinct from each other, and no person or per? sons exercising the function of one or said De? partments shall assume or discharge tbe du? ties or uny other." Here Is clear and ?mphatlc demand against one branch or the government inlermeadllug with the other. Section 91, Revised Statutes, provides: "The Governor shall appoint, by and with tbe ud vlce and consent of the Senate, If in session, und if not in session, subject to the approval of the Senate : t its next session, and subject to removal by the Goverror, by und with ihe consent or the Senate, one competent and dis? creet person us Supervisor or Registration," AC. This language appears very plain, but Judge Wallace did not interpret It us I did, or bo would have refused to hear arguments agulnst my action. Let us examItu lt. Tbe Governor Is authorized to appoint Supervis? ors, but ihe Semite mu?t approve, He is au? thorized to make such appointments while theSenate Is not in session, but must submit his appointment to It when It meets. He may remove his appointees (for cause, of course, however trivial or unlawful to other minds than his own,) and once removed the only power that can reinstate him Is the Sen? ate. Judge Wallace contends that the power of removal cannot be exercised unless the [Senate Is In session. If this Is n proper Inter? pretation, the Senate alone will hold the pow? er or removal, and not tbe Governor ; and If the Governor Is allowed to appoint during a period when tbe Senate is not in sesiou sub? ject to their approval, Is it not clear that he wus ex Dected to exercise tbut power in tho mtttor of removal also? If one provision wus necessary to guard against a vacancy riom death or other cause, 1b not the other necessary to Insure tbe proper execution or the luw x Judge Wallaces decision paralyses the exe? cution or the law should any Supervisor re? fuse or neglect to obey It. Tuke the case of W. T. McElroy, Supervisor of Laureus Coun? ty. The Senator and Representatives of that County asked for his removal on tho ground or drunkenness und neglect to open bis office. I removed him, but had'he appealed to Judge Wallace he would have been reinstated be? cause forsooth ihe Senate wus not In session ! The proposition Is so absurd, and Its conse? quences, It allowed, are so monstrous, that It is almost impossible to refrain from chatging tbe Judgejwith partisan usurpation of the Senate's prerogative lor the puipose of bring? ing the Executive Into contempt?an evasion of the clearly defined powers and duties or two co-ordlunee brunches or the government ?for ho not only "assumed" to dismiss one of the Governor's uppolutees. Deputy Supervis? or Williams, but to reinsUUe the officer re? moved, W. P, Caniwell, which power vested with the Senule alone. And how did ho do this ; by what authority ? An appeul has been taken to the Supreme Court. I cannot, pretend to argue tho luw points Involved./or I am nu lawyer: but uu examination of Sections 131, 43-2, 433 nnd 434 of tbe Code of Procedure, uuder which Judge Wallace acted, will-how that they appear 10 have been misconstrued or forgo it en, They refer to "usurpation of office." or "refusul to eprrender" on expiration o! term or removul, und a rule to show cause could only issue al? ter complaint nnd Judgment. ThoBe Sections refer to an entirely different condition or uttulrs to tho ono we have to con? sider, und are provided ns a mcuns of getting rid ot old officers attempting to hold over, not to Ihe removal of new ones Just Installed. They give a Judge power to Install an officer newly elected or appointed, not to keep In or reinstate uu cid one who hud been removed according to law. With this explanation I submit tho matter to [lie consider,it ion of tbe Senule, confident that that body will vindicate my uclion us Governor, and defend Its own prerogatives. Iam aware that In thus commenting on a Judge'suctlon I may be accused of commit? ting the very offense with which I am charg? ing Judge Wallace, viz.: an Invasion ot the domain or a oordlnute department or the Government, The General Assembly enacts laws, the Judges construe them, and the Gov? ernor executes. To suy that a Governor should uot piit|cise a .|udge, even uu'the Su? preme bench, when the rights and powers or his office are at Issue, Is absurd. Judges are but men, and they are neither Infallible or Immaculate. For the Executive and Legislative depart? ments to submit lu slavish silence to unrea? sonable decisions would be n bei nival of the trusts reposed In them by the people. I have obeyed the Coprt, and am only resist? ing encroachment on my ofliee. There was Certainly agruve doubt us to whether my con? struction was wrong, and he should have clven the Executive tbe benefit of the doubt. Before dlsmisxlug tho matter I desire to Bolnt out some of the consequences which uve followed, and which will necessitate remedial action : Judge Wallace uppears to linve become aware of his mistake, for while declaring Cuntwell the legal Supervisor (re? movable on ly when the Senate was In ses? sion.) yet he did uot place the registration books In his hands. Oantwell then prepared other books and has performed the functions of Supervisor. It appears necessary to pro? vide at once for reopening the registration hooks so as to give to those persons entitled lo vote an opportunity to get legal certificates In time fur the municipal election, which comes oil' December8th proximo. And while mentioning this matter of Illegal registration. I would call attention to the lact that In several Counties, as I nrn Informed, a large number of certiorates bearing date July 7, 1890, were Issued fraudulently after the books closed last July, and I recommend the Eassuge of an Act declaring alt certificates taring that date illegal In the Counties of Klcbhuid, Falrlleld, Su inter and Berkeley. The Criminal Law. As the duties of ray olMce bring me Into In? timate connection with the Penitentiary, and the matter of pnrdonsbclng also a source of constant labor and worry, 1 have had my at? tention directed to certain defects in the crim? inal law, to which .1 ask your attention. "The law's delay" has been a matter of complaint forcenluiles, and there have been of late so many Instances or the fuilure of Justice to punish the most flagrant crimes, and. if at all, after the patience of the people has become exhausted, that I cm not too strongly Impress upon the Legislature lh<e necessity of some changes. Continuances are granted upon the slightest pretext. Appeals are taken upon no pretext at ull sometimes, and crime, when backed by money, appears to override or break through the meshes of the law with Impunity, that It Is no wonder that our citi? zens have at times forgotten themselves und taken the law into their own hands. I give as instances of Justice long held at bay the Turner and Senn cases fn Spartan tiurg, the James case in Darlington and the Jones case In Edgellld. One remedy which I desire to suggest is, that the Juries, which l have every reason to believe now are sometimes tampered with or 'fixed" beforehand, shall bo drawn In open Court for the next term, afier the Judge In person shall have examined the boxes and seen that everything Is correct, In the prosecution of criminal cases the So? licitor is always at a disadvantage. He Is of? ten confronted by th? ablest lawyers at the bar, who live In the County, and are ac? quainted with witnesses, Jurors, etc. But these difficulties are frequently overcome and verdicts obtained la spite of them. The main reason why so many crimes go "unwhlpt of Justice" Is that the cases are not properly prepared for the Solicitor by the Trial Justices or Coroner. If the office of Coroner were dignified and the salary or fees made commensurate so an to make It a desirable office; if It were filled by u competent lawyer, whose duty It should be to investigate all deaths caused by vio? lence, collect evidence, prepare the case and act as assistant prosecutor in bis County, we would have many n man convicted who now goes scot-free. Then if Trial Justices were re? quired to attend Court and help the Solicitor In cases where they have held a preliminary examination, it would add largely to the list, of convictions. Another abuse Is, that instead of a prisoner under seutenco, and In whose case appeal bos been taken, being required to be brought into Court at. the next term for reseutence, thus entailing expense npon the county for main? tenance, the sentei co should be executed as soon as the Supremo Court shall have dismiss? ed the appeal. Then there should be strict end mandatory legislation prohibiting a Judge from continu? ing a case that had been once continued, ex? cept under extraordinary circumstances. Another Is to muke it obligatory upon the Su? preme Court to disbar any attorney wbo takes an appeal on frivolous grounds. It has come to tnc pass that an appeal is almost a matter of course, s.nd a stay of proceedings follows. In reference to the punishment of criminals I desire to direct attention to the advantages In a reformatory sense of what is known as the Indeterminate sentence, which obtains under different conditions lu Massachusetts, New York and other Nortbern States. Socie? ty for its protection against crime bos enacted a code of laws for Its punishment, and the primary object is first to secure tbe commu? nity from a repetition by incarcerating the prisoner. The nex t object should be the ref? ormation of the crl ulnal and his restoration, If that be possible. Under the arbitrary ipse dis? of a Judge gre.it wrongs are often com? mitted and sentences altogether out of pro? portion to the enormity of the crime Im? posed. The system to wilch I allude provides a maximum and mini mum punishment for tbe different classesof crime. The prisoner when convicted is sentenced in the discretion of the Judge, but be can by hit, behaviour in prison reduce or increase the punishment by giving evidence of being a hardened reprobate or showing a desire to reform. The law in this case Imposes upon Ibe prison authorities the duty, and gives tbeio tbe power by a fixed ra? tio, to Increase or diminish tbe prisoner's punishment In accordance with his behav? ior. The offender th us enters prison with ev? ery incentive to reform and grow better. Another matter which I would strongly urge is tbe Incorporation of a requirement In the law that the Penitentiary Directors shall separate all criminals under the age of six? teen, and suoh others assbuil exhibit excep? tionally good behavor, from the others and that these classes be employed on the State furm away from ibe more "hardeued crim? inals. Before leaving this matter of crime and Its suppression, I will briefly recall to your attention tbe recent trouble In Tennes? see, In which the authority of the Slate gov? ernment was overthrown and brought into contempt. I do this for the purpose of point? ing out what some are apt to forget: that such a disgraceful condition of affairs could noi happen in South Carolina. Tennessee has no militia, or comparatively none, while we have an admirably organized and efficient force?amply sufficient at any and all times lo uphold the dignity of the law and to suppress violence, and I would there? fore urge that the General Assembly continue Its fostering care of our militia establish? ment. I am glad to say that during the year tho law In the State has ^een supreme and that no person or prlsone.- has beeu lynched. The military has been ca.-led on only twice when it was thought iheie was danger, but tho presence of so many efficient companies scat? tered over the State tends largely to the sup? pression of disorder. The cost of maintain? ing this esttibllshmoiit Is very trifling when compared with Us benefits. Auother matter in (ills connection is, that there Is no provision requiring County offic? ials to pay for the services of extra deputies sworn in by a Shenlffln an emergency, and to this cause may be attributed some of the lynchings which have disgraced our annals. I commend that provision be mnde for tbe payment of such services by the County whenever the Governor shall order the Sher rlff lo summou such additional deputies. Rnilroail Control, Owing to a difference of opinion between tbe Legislature and the Executive at the last session, the railroad law fulled and It was too late to amend the Act so that I could con? scientiously approve It. I may be allowed to express the hope thaJ tho differences of opin? ion which then existed will be amicably ad Justed and a proper BUI passed. There are some points lu the proposed law lo which I desire to direct attention and commend to your earnest consideration. One is a provis? ion preventing lhe consolidation of compet? ing lines. The absorpiIon by lease or other? wise has gone on until virtually there are only four ruliroad systems in theState. As last as new lines ore constructed tbey are bought up or leased by the older corporations, and many communities in the State which are staggering under a heavy debt contracted to aid in the nulldlng of competing lines are without the benefit if competition. There are many more roads needed In South Carolina, and they will be built as the Stale increases m population and wealth. The proper steps should Lo taken at once to relieve the State of lhe oppression always in , cldent to monopolies by preventing their ab? sorption. The question of I hi! assessment of railroad property has attracted widespread attention during the year by reason of the fact that there has been an Increase in its valuation of about 88,000,01)0. There bus been complaint of Injustice In this inal'er, but when I call your attention lo oucslnnle fact it will bo easy to see how liule foundation there Ik for such complaint. The Increase in tho taxation which will have to be paid by tbe railroads Will approximate SloO.OQO. Now, under exist? ing rates how much more do the people of South Carolina pay for the privilege of riding on railroads than tbe people of Georgia? I have no figures on this point for this year ow? ing to the fact that several of the railroads have not reported us ?/equlred by law, but lhe total passenger earnings as given in the He port of the Hall road Commission for 1890 Is 82.502,066.97. Tho rate Is three and a half cents per mile. In Georgia It Is three cents, a dif? ference of a half cent per mile, showing an excess of say one-seventh in our State, and one-seventh of the passenger earnings of our railroads Is about 936!,008 for lust year. The railroads can pay the tax on the increased as? sessment, which is far from being their actual value as shown by fhelr own figures, and have 8201,000 left which they were allowed to collect from our people because our Railroad Commissioners had no power to tlx passen? ger rates. I i hi Ml; it would be wise to give the matter. I of assessing railroad property Into tb.o bands I of the Railroad Commissioners, instead of i imposing ll. as ho\v\ upon the State Treasure ; er, Comptroller General, SecreUiry of Stute and Attorney General, for lhe Commissioners ought lo be able to Intelligently deul with the question, us from the very uutureof their con? uectlon with tho railroads they cuq belter Judge of railroad property and values than lhe present Board. The Chicago Exposition. In May, ISD3, will be opened at Chicago the grandest, World's Fair which has ever been held, Tho opportunity afforded of properly ad vortlslng the advantages wo have to offer I for In vestment of capital, and for the secur? ing of homes by those who desire them In j this mo.sl favored seotlon of the South, Is ono I which Is raroly offered. While the State In at , present In a depressed condition from the low nrlce of our staple crop, to miss the opporl un? ity thus offered, to say nothing of the adverse opinion which would be held of our progres slveness and public spirit did we fall to set 20 I the opportunity, would be nothing short o,f a