Historical Newspapers of South Carolina

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which wc arc confronted. Surely it is a grave problem when our judicial system cannot promptly and satisfactorily meet those im portant demands, involving", a.; they do, the constitutional ri;;l:t-> and liberties of our citizens. Under these circumstances I wuuld respect full) recommend that thc Act providing for Special < otirls he abolished, and that ai least two additional judicial circuits he established. Without making further specific recommend ions, I beg lo present for vern careful consideration the fact that the Courts ol General Sessions now encroach too much upon the Courts ot Common Pleas, subordinating entinh civil to criminal business. This is an injustice to the rights o? pr??perte, but I shall not attempt here to suggest the proper remedy. I believe, however, this to l><' r: matter well worthy of '.?-u; consideration anti trust that you will include this in your deliberations. 1 am also constrained, because of the great importante <>i ibis matter to the jicoplc ol our State, to make one other recommen dation-this willi a view to thc establishment of County Courts in our large and more populous counties. In yiost of our counties, with the increased facilities which will be afforded by two addi tional circuits, such Courts would 1>?- unnecessary and burdensome. In larger counties, however, the situation is quite different, and I believe it would bc wise to amend the law relating to County Courts so that the larger counties u?>t nov. included in this law might, by a-majority vote, establish such courts whenever they deemed ii necessary. In the consideration of this subject 1 have not ??vcrlooked thc question of expense. 1 am convint??! that your deliberations will reveal the fact that the nccessrm ? ? ? nd :ur - inn I ved will bc a wise economy. Furthermore, th? a?i:,i ..:?.]. :ion ?.!' justice will not l>e temporary and uncertain in an? measure, but will be more firmly established upon the strom; and lasting foundations upon which should ever rest this department of our government. LYNCHINGS AND LAWLESSNESS. The occurrence of lynchings from lune t<> time in our State is deplored by all believers in law and ord? r. Such deeds seem out of place in our civilization. Thinking nun. however, must realize the fact that on account of conditions existing in isolated communities, lynchings for certain crimes-while always deplorable-are not restricted either to race or geographical limits. They will never entirely cease until the crime ceases. Theoretically speedy trials offer the best remedy, hut smarting under the horrors of the out rage, even the most law-abiding communities may hesitate to ex pose to further indignity the shrinking victim. While this is all true, crime in any form cannot be extenuated. The State has provided tribunals for the trial and punishment of all offenses against the law, and in these tribunals even such crimi nals should be tried and punished. There is no ?langer that those guilty of unspeakable crimes may escape just punishment in the special courts, which afford as early trials as the law permits. To follow this course upholds the majesty of the law : the other alter native shakes the very foundations upon which our government rests. Lynching for one crime will inevitably lead to lynching for another. Under our law an attempt to commit rape is punishable by im prisonment for a period not longer than ten years. This, in my judgment, should he changed, anti the penalty inflicted should, he imprisonment for life. There must be respect for law and this must bc taught. The safety of every citizen depends; at iast. upon the proper enforcement of law, and this fundamental principle should be cherished by thc courts and tims become ingrafted upon the hearts and minds of our citizens. It is ?>f the utmost importance to us, as individuals, anti also to the good name, welfare and pros perity of our State, that lawlessness, under all forms, should bc made to cease by the proper enforcement of law and by thc up building of public sentiment in South Carolina. THE DISPENSARY LAW. This law, in nearly all e>f its salient points, is one which is pe culiar to South Carolina. It has attracted considerable attention throughout the United States and some of its features have been adopted by other States. In spite of the opposition which was encountered from its incipiency, it is favored by a large majority of tlie citizens of South Carolina. The enforcement of this law devolves primarily upon the Governor, by means of a constabulary force which he appoints. In many counties very little work is tt quired upon the part of the constabulary, local sentiment being so strong in favor of the law. that, when violated, convictions arc readily secured in the courts. In a iew other sections, however, were it not for the work of th?? force, violations of this law would be more open and frequent than they are. Frequent attempts to evade the law and the constant effort to carry on the illegal sale of whiskey, in violation of the |rrovisions of thc Dispensary Law, devolve an onerous re sponsibility upon the Governor. This is especially true when ft is the desire of those to whom thc enforcement of the law is intrusted to see that it is properly enforced, without undue friction. Realizing, as an Executive must, that thc open disregard of any statute law must bring demoralizing results IO thc people of a State, and being, as in this case, especially charged, and looked to for the enforcement of this law, 1 have sought to .measure up to the responsibilities which I feel are mine. That this could not always bc done without friction ? sincerely regret, but I ara glad to say that during thc past year there has been compara tively very little friction. .".While I realize thc fact that there are infractions of the law, yet I am sure that during the past year its enforcement has been more satisfactory in every respect, and I believe that continued effort will result in further improved conditions. The Dispensary Law has many desirable features in regulating thc sale and use of liquor, and the sentiment in favor of restricting sales within the provisions of this law is commending itself to the people more ami more each year. Taking thc State as a whole it is evident that this system is considered thc best solution of thc question when properly regulated and enforced. At your last session you passed an Act providing for the ap pointment of a Chief Constable, and I am glad to say thc officer . apopinted under this Act has rendered me invaluable services. The Chief Constable assumed charge of his duties on March I, 1903, and thc following summary will show the status of affairs since that date to November 30, 1903. Thc figures given cover a period of nine months and show increase over thc same period for the pre ceding year: Total increase in cost of constabulaiy.$7,710 24 Total increase in value of seizures.3,586 88 Total increase in value of fines collected.1,659 00 Total increase in .dispensary sales for twelve months. .$411,785 27 r*I^tever?thoiight' it ?bes*, tn giving this brief summary, to refer to the increased sales of the dispensary, because these increased sales show-not that there is more liquor drunk in the State-^but that more of,the amount ordinarily consumed has been purchased through / dispensaries, .thus proving a better enforcement Of the law. . , In reference ?0 the business transacted during the past fiscal year \ and the condition of-the State and local dispensaries, I would re -pectfully refer you to the annual reports of the State Board of Directors and the State Commissioner. These reports will set be fore \<m iullv thc details of the dispensary management, and I con mend iii* m ti i your consideration. Thc folluwing ligures will appear in the report of thc Hoard of 1 >irecu ?rs : Net profits to towns and counties, 1903.$512,216 35 Net profits to State 1 School Rind 1. 126.266 00 Total net profit f?>i 1903.$638,482 35 Net profits ti J towns and counties, 1902.$443,198 76 Net profits to State. .. .. 123.699 57 Total net pr??til tor 1912.$506,898 33 Total increase over 1902. 71.584 02 I <?tal gross sales for 1903.$2,817.998 77 Total gross sales for 1002.2.406.213 50 '1 otal increase over 1902. $411.785 27 STATE BANK EXAMINER. During thc past year my attention was called to an Act passed by the General Assembly in 189(1, creating the office of State Hank Examiner, and 1 was requested to appoint such an officer, investi rai i</ti revealed the fact that no sud; appointment had ever been made, though tIiis law has been on thc statute books for seven years. The law provides "for an Advisory Board, consisting of the Governor as president, thc Comptroller-General, the Secretary of State, the State Treasurer and the Attorney-General." ? called this Hoard together, and after full discussion thc Board declined to take any action, but requested mc to call your attention to what appeared to bc defects in the law, and to await action by your body. The law is defective, first, in that there is no provision made as to what officer shall pay thc salary of the Examiner, the State Treasurer being authorized to pay only his actual railroad fare. The provisions of thc Act require that the State banks should be responsible for the payment of the salary of such an officer, but the law i^ further defective, in that there is no summary process to compel the banks to pay assessments for this purpose. An insuperable difficulty-one that renders the law inoperative-is that no appropriation has been made for this purpose, and the Con stitution specifically requires that money shall bc drawn from the treasury only in pursuance of an appropriation made by law. W hile I do not believe in the principle of taxing corporations to pay the salaries of State officers whose duty it is to examine and control them, still, should you, gentlemen, deem it wise to perfect the Act as it now stands, I would respectfully offer the following suggestions : F irst, that the salary named be increased to an amount sufficient to command thc services of a capable man, who is also an expert accountant. This should be done both for the protec tion of the depositors and for the safety of the banks, for only such an one should undertake these responsible duties. I would suggest secondly, should this appointment be made, that rules and regulations for State banks be fixed by statute, similar to those legal restrictions governing the duties of a National Bank Examiner. OUR PHOSPHATE INTERESTS. Thc last decade, ? rcgrc-i io say, has witnessed the passing of a great industry which once yielded a large revenue to the State namely, thc mining of phosphate deposits found in the beds of some .of our rivers. The truth of this cannot be better shown than by the following statements: For the year ending August 31, 1893, the revenue of the State from this source amounted to $249,332.0.'. whereas for the past year ending October 31st, it received o*:ly $15.815.22. Ten years ago there were ten prosperous companies engaged in this business-there were about twenty large dredges at work, and Coosaw River and the vicinity of Beaufort presented one of the busiest scenes to be witnessed anywhere in the State. Today only two companies are struggling for existence, while dis mantled and sunken dredges, and deserted and decaying buildings, alone tell of an indstry which once, besides employing a large amount of labor and realizing handsome profits for those engaged in it, paid to the State, as has been estimated. $1.33 for each work ing minute of thc day. It is unnecessary here to refer to the variety of causes which have brought about this condition. Suffice it to say that although the Board of Commissioners have twice reduced the royalty, with a hope of reviving the industry, it has been ineffectual, ior, as I have already stated, there are only two companies at work, and these companies claim that on account of the scarcity of available rock mining cannot be carried on with profit at the present low prices. At your last session your body saw fit to abolish the office of Phosphate inspector and to- devolve the duties pertaining to that office upon the Board of Commissioners. Since the expiration of the term of that officer the companies have been reporting monthly to thc Comptroller-General and myself. While I am satisfied that these reports arc correct, still there is now no one who can officially visit the locality where thc work is carried on and look after the interests of the State, fne annual visits of the Board being, of necessity, merely superficial. Under these circumstances I would recommend that the State Geologist, bc made a member of the Board, and that, as far as practicable, the duties of the Inspector bc devolved upon this officer. The former importance of this business reminds us that it is our duty to use our best endeavors to make it again, if possible, a source of revenue to the State, and expert supervision and study of the natural conditions will tend to accomplish this result. THE LOUISIANA PURCHASE EXPOSITION. At your last session a bill to appropriate $25,000.00 for a State exhibit at the Louisiana Purchase Exposition, to be held this year in the city of St. Louis, passed thc Senate, but failed of passage in the House. Shortly after thc close of the session $89,000.00 was added to our State Treasury through a settlement made with the United States Government, as has been mentioned in this Message. Thinking that, with this money in the treasury, the fate of the Act might have been different, I took thc liberty of writing each mem ber of your body, asking if you would favor an appropriation for this purpose at this session. Although many replies were favor able and the count was close, I deemed it wise co defer further action until the present time. It was a matter of sincere 1 egret to me that some appropriation was not made at your last session, and I hope it is not yet too late . to remedy, to some extent at least, the situation. Many of the States, Missouri especially, contributed handsomely to the South Carolina Interstate and West Indian Exposition, and it appears that we would be injured, in a negative manner certainly, to take no part in this great World's Fair. This will-be truly a World's Fair, in volving the expenditure of many millions of dollars and affording such an opportunity for displaying the material advantages of a State as is r?rely ?iv?n. South Carolina never-had more to offer nor more to gain than by proper use of This opportunity. From a business standpoint, the importance of this occasion cannot be overestimated, and I again ask your consideration of this matter. It is too l?te now to have a general exhib? , bf our resources, but not too late to prevent our bein? Itf't out entirely, f no mor* ?a i be done, would it not be wise tojo: ct a State buildi'g"? nave this r i headquarters for a bureau of jr migration, and !ms reap some share of the benefit of suclran |v*>sirion? In knower part of t' message 1 recommend the esta? ment of a Bure'1 o? Commerc and immigration, and it seem J : me that the) du:,s of thev missioner could not be better!: itgurated thin fr him to be this most needed work at the! I uisiana ?'archas Exposition recommend this plan for youri: orable e.>nsnJeri:?n. FOREST ?< SERVA PION. While 1 do ?ot desire you tl ink that t am lo^ng up subjects to bring to your attention, sal! "ere arc some litters of impor tance to thc future welfare of pur State w: ?ch I *cc!1?t refrain from urging upon your considerate Most ?nportai nmong these is the subject of our rapidly di [.v.1!'earing crests, 'rich are, beyond question, one of our great n; t. : d resources] anc v?uld so remain with proper care and protect At pt sent $Vare giving them absolutely no attention, and : i '-'ie recklc -s waste^'itinues with no cf?ort to replace them, the il< -.ruction willi b? omplete, the loss irreparable. Our past neglep 1 this m .tter n?'.makes it a neces sity that some systematic effy;'. should bc m?d$ girding the pres ervation of our forests. TJ., destruct: >n of forests is in large measure responsible for cor.': ?cd dn ughts,?ile, on the other hand, it is claimed that th? r.-.pid and destrtie^ floods, such as that in the Pacolet valley la-', summe:, are S0?-' more disastrous because of the clearing up p: rile fores:- bord?,' these streams. From a financial standpoint great ii teresta^' involved in this matter, to say nothing of the ???any con.; rehen^jblessings and ben efits that are inseparably connected with the Sc material aspects of the cabe, i realize the tact that lorhapsp much can be at tempted now. but I deem it wise that :i begirt*: should be made, and hence it is that I invite \ mr cons;, leratioiij this question. A process of gradual protection and ren|jdiment will bring incalculable benefits not only to us, {.but to tifoiierations that are to follow. The sooner a beginning is tmafiie better, for our people do not realize the value of thc little UT that is left. In many of our States and in most of t;:e olde.*" dries, the govern ment takes an active interest in forost piMe'ion. and until we can do something better 1 would like to'.stt'bor Day observed in every county in South Carolina. BafWw would be planted in parks, around public buildings nftl^Bry roadside. This would be a beginning, and an impdrtMF1^3! the right direction, and I sincerely trust that we are n fihvS' ?inaug?rate this im portant work, iii connection with ?m m. I should bp glad to see our State House grounds sy?wu*'? beautified on' some artistic and developed plan. They nrftr30? kept and the officer in charge is interested and would g'Bj * lat this improvement is made. K THE FISH AND OYSat^.luSTRY. Another subject of equal imporft '/Jone which we have allowed to drift into similar conditifif fflfish and oyster inter ests of our State. In my judgirtentjhsgi be the policy of thc State to legislate upon this subjejet, v?fo first to protect and develop the industry, and, seconcly, t???ttyt a source of revenue to our State. The former airtsidefl?An most desirable- and necessary and the latter is prac|icabiJp^st- Other States sim ilarly situated upon thc coast derive hw?'onues from this source, that of Virginia being more thjan a'a$f or" a rnillion dollars, while Maryland's, yearly revenue wbjfa half million dollars. With us, Beaufort county alone der?8vfenue from this SGurc?, while shipments are annually| madl'frthe State aggregating several hundred thousand dollars, wjjfct we receive no equiva lent, depleting and destroying! theapp There is positively no reason whj?tydition of affairs should be allowed to continue, and Irecon?nM a license system, with regulated fees, be adopted, rejt/iiirijmlfsons who fish or gather . oysters for market to procur? sut? fcc- Let it' be distinctly understood that **us is to apply tojflfy SO into this occupation as a business, a . 'ot to those w?ft- in it for their own use or pleasure. "The fund derivep irlBiicenses should be equally divided between the State and t)?0' where trie licences ?rc granted. In my judgment this 8?J),e and W*N tend to "the better enforcement ot the ia^\ ?fffi?'1 to this, such a system will be more efficient than ariyotSffipn regulating and enforc ing the operations of the law in??o the "closed days," thus removing the dissatisfaction!vhiffijji'isen because of the non observance of sucli days. I fi' There are now a numberfc c$K,,eries in our State, doing a large business, and. of co?te, Mftild be specifically included in any license system. Tm:odfHt oysters beyond the bor ders of thc State for canifig nBshould be prohibited, and this should, therefore, be ifM?f tne provisions of the Act. Our present law allows Qtfe'o rarcrrtain territory for the pur pose'of cultivating oysterRiu?Sno protection for this. If we wish our citizens to cfoge^j^lustry it is only just that they should bc protected^: ?d^lftnend that legislation with this purpose in view be "arattedi}| As I have already saidj tis ?Kshould be fostered and pro tected, which is not bein* oncjtu addition to this, we should receive from if a substan?a^evmUP' these reasons it is of great importance, ar l I invite uirla consideration, trusting that you will enact laws w?thl?rh pjtji view. BI&il^iONS. A Bill toranicnd our fes$K?viding for biennial sessions of our General Assemfflj atvftn session was passed by thc Senate, and is now: per^ wjuse- This Bill will no doubt receive your careful co? ratals session, and I am sure that you - will act 'uponitvm dufi'?j for the best interests of the State. It appears to mSta^fe?n of biennial sessions would result Jn/a considerable? our fin&?ces require that economy, wherevef raqfelouId *>e considered. In very few States of the T^nic?c^Ke&islat?res meet annually, and I know of no pecujiarfefflWuth Carolina that requires our General Assembly tog? ??|is a very important business matter, involving, ho?r^?|n financial considerations, and I trust and believe Jjj^ ^ carefuI atfention Before concluding* ?Sf?sh to make personal .acknowl edgment of my *PP?ttl$Wscrvice^ ?* my associates who hold-the varioussSg ogg tendering this expression of thanks I ticed not ^?fl? the State has been also the recipient of thdr;f^fu^H , The honor a^'wt?r^ff:ar<>Un? wil1 not suffer in your keeping; the prtisiw ?Hment of her interests will-have your zealous care a#'^jgcd by your wise deliberations. We will uni^MdBr c may - prove ourselves worthy of the mist a?fmH^'oW citizens, whose leronts wc are. May 't1ie^$s^BAU-VWse Providence rest upon us, tliat o - -^WWBi^ t<* <^' cre4t?bJc:to;fiurtMf?s. '. and beneKia! itt bS^nfl^spe<-?ty and liappiness to us ami to ?lose who \p)\o? ]'' D. ?. HEYVYA^JO, 1 My, . Governor.