The Charleston daily news. (Charleston, S.C.) 1865-1873, June 24, 1871, Image 1

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VOLUME XI.-NUMBER 1671. CHARLESTON, WEDNESDAY" MORNING, MAY 3, 1871. EIGHT DOLLARS A YEAR. LIFE D?SUBANCE. THE POLICY-HOLDERS' LIEE AND TONTINE ASS WR AS CE COM? PANY OE THE SOUTH. The President's Report to the Board of Trustees. Gentlemen-As the first meeting o?* the pol? icy-holders of the company will not take place until'March, 1872, and your meeting today; being the first stated meeting of the board since the close of the first fiscal year, embraci? ng the business of eleven months and five days, I deem it proper to submit, ra place of my usual quartenly report, a copy of the state? ment of the company's affaire, filed In the office of the Comptroller-General of the Slate, In obedience to section four of the charter of the company, which is hereto annexed, mark? ed A. The statement marked B, also hereto an? nexed, is made-In conformitywlth a require? ment of section three ol' the charter. I? brings the transactions of the company down to a period twenty-six days later than Statement A, and exhibits the results of the business of the company on the 26th ot January, 1871, covering a ?un vear from t?e ?ate ot- organiza? tion, ind from which it will be seen that the gross amount of premiums for the year la.$62,391 19 And of interest received. 3,683 20 Total.$66,074 39 DISBURSEMENTS. Expenses ol organization and management, (in? cluding travelling ex? penses to Columbia, S. C., Raleigh, N. C., and Atlanta, Ga., to pro? cure chartere,) adver? tising, printing and stationery, medical ex? aminations, commis? sions to agents, rent of office, licenses, salary of clerk, and all other expenses, except offi? cers' salaries.$12,662 66 Death claim paid bei .re January 26, 1*871. 2,000 00 Death claim adjusted and subsequently paid. 1,000 00 Commissions on pre? miums deferred and in course of collection_ 872 96 Interest paid.*.. 2,804 79 ' . * $19,340 41 Reserve required to safe? ly reinsure all out? standing risks.$37,468 97 :- $56,809 38 Leaving a surplus, of..$ 9.265 01 At your first stated meeting, after the or? ganization ot the company,' certain salaries were proposed for the officer?, which matter, at my suggestion, was deferred until the expe? rience of a year would enable yon to deter? mine the sum*that could, with safety to the as surlu, be appropriated lox that purpose.. Safety, to be assured, requires that seven thousand dollars ($7000) ol the above surplus should be reserved to provide for the fluctuations in the market value of the State securltleB you were required by charter to. deposit, within sixty days of your organization, with the comptrol? ler-general of the State. The remaining $2265 may, with safety, be appropriated for the pur? pose of paying tbe officers for services render? ed during the past fiscal year-(the secretary is also general agent, and.is compensated by commissions)-but I respectfully recommend that even this sum be applied to the purchase of reversionary additions to their policies, or placed to their credit lor the payment of future premluma on their policies, as they may elect. During the current year there will be a large percentage of the expenses of .'he last year saved, to wit : All the expense * of organi? zation; all of. the medical examiokUon rees, and two-thirds of the commissions paid to agents. The savings alone, without touching the income from the new business of the cur? rent year, will justify you infixing, at an in? creased but yet moderate rate, the salaries bf the officers for this year. Had'the State securities maintained th? mar? ket value ot last year, you could be more lib? eral to your o ricers, and could also give some "return premium" to your . policy-holders. Should the securities appreciate in value, the distribution will only have been delayed, and the retui ns will be the larger when mode. I use the words ''retara premium" in pr?? le re nee to the word - "dividends," because.the use of the latter word has contributed, in a great measure, to the .erroneous Impression received by some persons that lite assurance premiums, by some sort of Jugglery, earn more interest annually than any other Investment of money, whereas the "returns," or "divi? dends," so-called, are not the result oi Interest oul& but also (and which is much the larger part) ot "the surplus contributions'' of the as? sured, above "what ls found td be necessary to meet the risk undertaken." Hence econo? my ot management, lower rates of mortality, and higher ratea of Interest, than the table rates, Increase the "return" and cheapen In? surance. The plan of the company required that rigid economy should be observed in the manage? ment of the business to keep the expenses within the aggregate of the loadings in the Sremiums for that purpose. This we have one. ' Aggregate loading for ex? penses per tables ... :. $18,704 34 Expenses disbursed.$1?,G62 66 Commissions on premi? ums outstanding*. 872 96 Officers' salaries-Propce ' ed. 2,265 01 - $15,800 63 Surplus loading over expenses....... $2.903 71 The death claims have- been less than three sevenths ol the sum allowed, by the tables. This result will surprise persons tit all famili? ar with the expenses attending the organiza- j tion and first year's business of a life compauy, at least in these latter days. Perhaps the same reBults could not now be attained In the City of New York. The? president ol a New York company, one of the oldest life insurance men in that city, informed me that his office rent the first year was $5000, and last year $15,000; our rent ls $300. He did not inform me what his clerical Torce cost; ours cost less than $150. Favorable as the result is, it would have been much more lavorable il certain difficulties had not arisen in our path. \ The first and ctilel difficulty was the dilemma in which we were placed at the very outset, by the unlooked for prompt deposit require? ment of our charter. It has been tersely de? scribed by one of yourselves thus : "Unable to, lss?e policies until we have $50,000, and unable to have $50,000 until we iBSue policies." From this dilemma the eompany was relieved in part bv your personal pledges, on which a portion o?" the money was raised, and the Flrst'Natlonaa Bank of Charleston completarle relief by atfl advance of $13,000 on the simple obligation of | the company, without security of any kind except the character of the trustees. This was a manliestatlon- o? confidence as compliment? ary as it was rare. Another difficulty in our path was the lack of Information among assurants, as to the real sources of security to the policy-holders ol a Ufe company. Assurants are frequently daz? zled with an array ol fisrures in the table ot assets ol an old company, without looking to the corresponding table of liabilities, and sel? dom stop to reflect that a man who bas $60,000, and owes onlv $50.000, ls Just as solvent as one who has $1.200,000, and owes $1,000,000. The true sources of .security are casn premiums, economy of management, and carefulness in faking risks. m , ' ^ am aware that the advocates of mixed companies, viz: companies that have a cer-1 tain amount of subscribed capital and pay to stockholders a certain portion of tbeb* surplns (generally 20 per cent.; and the balance to policy-holders, claim to possess advantages over purely mutual companies, (viz: com Eanles that return all the aurplua to policy olders,) but their only advantage, If lt be one, ls that during their youth thoy can spend more money than the loadings in their pre? miums Justify, drawing the excess from capi tal, which, however, has to be restored to capital from the poeketa ot the policy-holders and extravagant habits contracted In youth are rarely relinquished In age. Un the sub? ject of the Becnnty stock capital gives to policy? holders, an English authority bas well said: "It would not be difficult to show this capital, instead of being a protection, is IQ reality, in many cases, a very serious' burden. If any one will take the trouble of calculating, he will find that after a very Bhort time, as com? pared with the expected duration of an assur? ance office, the accumulated dividends paid out ol the premiums to the shareholders will have abstracted a greater sum than the capital itself, which they profess to provide lor Ihe security of the assured." When lt can "be proved that it is more ben? eficial for the assured to take a part, rather than tie whole, of the surplus,"' we may yield to the advocates of mixed companies, but not till then. , The assuring public are becoming better in? formed on the sources of'security and the cost of assurance, and truth will triumph in the end. Another difficulty has been the .scarcity of money, which has curtailed the business of life assurance quite as. much as that of any , other business. The decline in the'prices of] cotton rendered several applicants unable to take the polices applied for, and caused others to defer applying until another crop is gath- j ered. Notwithstanding these difficulties and oth? ers which could be named, tbe company has been successful. It has liquidated Hs Indebt? edness, paid its losses promptly when due, paid all the expenses of organizing and con? ducting a new business through its first year.- j Has reserved ten per cent, of Tts gross income to provide for any fluctuations in the market value of its assets, and has a reserve at market value-to safely reinsure all its outstanding risks. . Contrasted with the early business of its great prototype, the Mutual Life of New York, (a company which has had no agency in this j 'section since the "late unpleasantness,") our company exhibits a larger amount of pre? miums and interest received in the first year, and a smaller amount at risk than that com? pany had In its first two years. MUTUAL LIFE NEW TORK, 124 MONTHS. At Risk. Pr. Rec'd. Int." Total. $1,480,718 . $37,293 90 $569 13 $37,853 03 POLICY-HOLOERS, 12 MONTHS. At Bisk. Pr. Rec'd. Inc. Total. $1,131,740 $58,036 38 $878 4P $58,904 79 The excess In our premium receipts over theirs may be accounted for by the larger premiums paid to us on endowment policies and on policies paid for by limited annual and Bingle premiums, modes adopted since the early days ol the Mutual Life. That company was organized in April. 1842. - Its first money was $108 50, the premium paid on a policy o? I $5000. Its assets on the 1st of January last I reached the enormous sum of $4t,609,u00. It ? had at risk January 1,1870,on original policies, $216,931.082, and dividend .additions $19,328, 688. We may not hope to grow as this com? pany has done, but.so far we exceed ita early efforts. The success that has attended the purely mutual companies of this country, anti also that of (heir great prototype, the Equitable Society of London, should convince all dis? interested parties that the mutual principle, honestly and economically administered, is the true principle of life assurance. ' The Equitable Society ot London was esta-1 bllshed in 1762, and until then the practice of j life assurance, says an .English writer, "was left to blindfold progression; that chance reigned supreme where all thiugs should have been fixed and certain." That company has ? been IR successful operation for 109 years. It has distributed large amount&of surplus, and has now assets amounting to $25,000,000. hs History has been said to be "the history of life assurance in England," and it may be said of] the mutual companies of this country that their history is the history of life assurance in. America. . TONTINE DEPARTMENT. This department-has not recelvedac much attention as the life department, owin^ in part lo the unavoidable delay in preparing the papiers. It was not opened for business until the first of the present year. Since then a few policies have been issued on the twenty-year - plan. In conclusion, allow me to say through you to the policy-holders that we are using our best efforts Iq build up a home company that will be a credit to the South and u benefit to the present and succeeding generations-directly, by dispensing benefits to them or to their fam? ilies, and indirectly by aiding to retain and ac? cumulate capital at home, whose reflex influ? ence in aid of the enterprises and industries ol the South will be felt in proportion to the sup? port the company may receive; and io view of j these facts, eaeh policy-holder should interest I himself, for himsell and lor the community, to bring in new members. It each policy-holder will only add one new member during the current year the number will have been doubled at their meeting in March next, and the assets of the company trebled, the ratio of expenses diminished, and the surplus increased-considerations which Should Influence'all to help forward so desira? ble an object. Respectfully submitted, (Signed) WM. MCBURNEY. President. Charleston, S. C., March 1, 1871.' [Extract from the Minutes of the Board.] On motion of vice-President Hutchison, the president's report was received as informa? tion, and so much of it as relates to the sur? plus, referred to the committee on finance; with authority to act. [Extract from Minutes of thu Committee on Fi? nance.] Resolved, That $7000 of the surplus be held as a contingent reserve, and the remainder be credited ia equitable amounts to the officers of ? the company (the secretary excepted) for aer-.| vices rendered during the fiscal j-earl870, to be applied as recommended by the president. Resolved. That the report ol the president 6e printed for tire information of the-policy-?old ers of the company. STATEMENT A. POLICY-HOLDERS' LIFE AND TONTINE ASSURANCE COMPANY C F THE SOOTH, ORGAMZSD JAN UV. RT 26TH, 187D. OFFrcE, CHARLESTON, S. C. William McBurney, president; J. P. Gilmer, vice-president, resident in Georgia; E. P. Al-, exander, vice-president and aotuary; E. N.' Hutchison, vice-president, resident in North Carolina; George E. *Boggst' secretary. Stock capital none.. Business on mutual plan. Deposited with Comptroller-General in Slate securities, $50,017 50. ASSETS. . State of South Carolina securities deposited with Comptroller-Gene? ral, $50,017 50. cost... :.$42,076 14 Premiums lu hands of agents. 871 74 Premiums in cou.rse.of collection, net value. 1,14319 Deferred premiums, net value..... . 2,71804 Office furniture. 49 09 Cash on hand. 516 45 $47,374 56 .LIABILITIES. William McBurney.$ 326 94 Deposits by policy-holders " on account of future pre? miums. 425 99 E. P. Alexander, expenses. ' 73 45 advertising.s. 32 00 Medical examinations, esti? mated. 150 00 Claim adjusted, not due.... 1,000 00 -$1,908 38 INCOME. . Premiums received in cash.$55,578 68 Premiums deferred and in couree of collection. 4,826 54 Interest received. 3,644 54 $64,049 70 EXPENDITURES. Commissions to agents-.. $6,582 11 Medical examinations... 1,668 38 Advertising. 312 89 Printing.2,804 79 Interest. 1,269 59 Expenses of organiza? tion, office expenses, licenses, stamps, s'ta ? ti oner v, clerk's salary,. &C. 1,830 51 Lo8S:pald. 2,000 00 116,468 27 Policies Issued, 348, assuring.$1,20& 340 00 Reduced, not taken, and lapsed... 109,300 00 Amount at risk.$1.099.040 00 STATE OF SOUTH CAROLINA, I CHARLESTON COUNTY. - j FEBRUARY 27,1871. Personally appeared belore me, Wm. H. Por-, ter, a notary public for the said State and coun? ty, Wm. McBurney, president of the "Policy holders' Life and Tontine Assurance Company of the South," who, being duly sworn, affirms that the foregoing statement is correct and true. (Signed) WM. MCBURNEY, President. [ (Signed) WM. H. PORTER, Notary public and ex-pfflcio magistrate. We certify that -we hav? examined the an? nexed statement of the assets and liabilities of | the Policy-holders' Lite and Tontine Assurance Company of the South, and have compared ltd with the books of the company, arid lound it correct to the best of our knowledge and belief. ^_ (Signed) WM. K. RYAN, . 1 Committee (Signed) J. ELI GREOG, ON (Signed) HENRY* BISCHOFF, \ (Signed) JOHN H. DEVEREUX J Accounts. (Signed) J. H. WILSON,) (Signed) H. E. YOUNO, V Policy-holders. (Sinned) CR. HOLMES,) Office of the Company, February 25, 1871. STATEMENT B. ABSETS. State of South Carolina securities deposited with comptroller-gene? ral, par $50,017 50, cost.$42.07G J.4 Bills receivable.:.1,258 35 Premiums in hands of agents., . 730 96 Premlums In course of collection, net value. 1,138 49 Deferred pr?mlums, net value.: 2,353 36 Office furniture. 49 04] Cash on hand. 1,096 54 Total assets (except future prems.J $48,702 84 LIABILITIES. Personal accounts. 1432 67 Deposited by policy-holders on aecount of future pre? miums. 386 19 Medical examinations, esti? mated... 150 00 Claims adjusted, since paid. 1,1)00 00 Amount required' to rein? sure all outstanding poli? cies. 37,468 97 - 39,437 83 Surplus..'. 19,265 01 INCOME. Premiums received in " cash.$58,026 38 Prernjiims deterred and in coarse of collection. 4,364 81 -$62,391 1? I Interest received .'.. 3,683 09-1 . . . $66,0.74 39 ?. EXPENDITURES. Commissions to agents.$6,832 73 Medical exam 1-' ' nations paid. 1,723 38 Medical exami? nons due (es? timated). 150 00 Advertising... 1,44150 Printings. 350 64 Expenses-ex? pense ol or? g a-n 1 zi ng, rentofoffice, licenses, sal- - - ary of clerk, . Stationery, and other expense, ex- . oe pt office salaries.2,164 41 - $12,662 66 Interest paid...,.. 2,804 79 Loss paid.'.-.. 2,000 00 Loss adjusted.' i since ? paid).... 1,000 00 Commissions on prem i ums deferred and in come? ii' collection.. 872 96 . _:-$W,340 41 No. of policies is ued. 363 Binding receipt... 1 3G4 assuring $1,242,040 00 Policies reduced .. * (numbers un? changed). 7,000 ' Policies not ta? ken. ... :.13 52,800 Policies lapsed.. 14 47,500 / Policies termina- ' ted by-death.. 2 3,000 - 29 - 110,300 00 . 335 assuring" $1,131,740 00 - . WM. MCBURNEY," President. - ' Charleston, January 26,1871. NEWS FROM WA 8 HISQ TOs. Judge Busteed Before the Ku-Klnx .'Committee. WASHINGTON, June 23. Judge -Busteed. of Alabama, was before the Ku-Klux committee.. He had been told a year and a half ago, confidentially, by a citizen of Huntsville,that there was-a Ku-Klux organiza? tion. In the.northern part of the State persons and property are as sate as in any State ot the Union, uni public quiet and tranquillity are as' essentially preserved la Alabama as io any part ol the country. The character of persons holding subord?nale positions under the State constitution were generally notoriously bad, both as to intelligence and honesty. He had. I been in the State since 1865, having previously'| beeq appointed district Judge by Mr. Lincoln. There had been ho obstruction lo the adminis? tration qf the affairs oi hie office or o*f the laws' of the land, except ta the instance when the 'Republican auditor of Alabama disobey-. ed the "injunction of the- court,-for which lie was fined and Imprisoned. The great? est respect was paid to judicial au? thority by lawyers, suitors, Juries and all' other parties. The feeling, of the people to? ward the General Government he thought was to obey the laws, however obnoxious, though there was a 'deep reeling that the laws were not equal or impartial. Part of the Rev. Mr. Lnkln's evidence was read tow lt ness, wno said it was. entirely'untrue. One*| indictment bad been found ia Busteed's court, for violation of the civil rights bill, and that had not; been tried. Lakin, Busteed added, Is a man apt tb make'wild statements without* accurate basis. Busteed knew a man named Willard Warner, who applied tor exemption from Jury service in his court in 1867-68, on the ground-ol being at the time senator of the State of Ohio. The financial- condition of the [?tate under Lindsay had improved.- The peo? ple of Alabama render a Juli obedience to the laws, and there is ia that State ample security for life and property, with continued improve? ment ia all public and private relations. These answers were all incited by direct questions, the witness being under oath. -? HEAVY EXPRESS ROBBERY. MOBILE, June 23. Noted thieves entered the Southern Express car on the Mobile and Ohio Railroad at two o'clock P. M. Sunday last, ovecame the mes? senger and threw the safe out, containing a large amount ol money. The safe was subse? quently found bunted open. The thieves were tracked and two were captured here yester? day, and a portion of the money found on. them. It is thought the balance will be recov? ered. One ot the prisoners is an escaped con? vict and a desperate character. THE INCOME TAX CONSTITUTIONAL PHILADELPHIA, June 23. In the Federal Conn, Judge Strong deliver? ed an opinion sustaining the constitutionality ot tue In some tax. OUR NICE JURY" SYS.TEM. CURIOSITIES OE RADICAL LA ff IN SOUTH CAROLINA, j_ . ? A Double-Barrelled Jury and a Puzzled Judge-Thc Matter Referred to the Bar-How lt waa Decided. [From the Darlington Index, Jane 22.] The Court ol General Sessions for Darlington County convened last Monday, Hem. J. M. Rut? land presiding. At an early hour In the day it was ascertained that two?grand Juries were in attendance, and this tact was announced to the court by the acting solicitor, CP. Town? send, ills Honor expressed grav? doubts as to whether the Jury drawn under the act ot 1868, or that drawn under the act ol 1871, was the legal Jury, and, at the suggestion of the solicitor, directed the members of the bar, .with the solicitor, to examine into the matter and report their conclusion to the court. There 'upon.C. P. ' Townsend, Esq., acting solici? tor, and all the members of the bar present, ^?or'??stiog'-of MessrB. E. A. Law, A. C. Spoin, T*. W. Edwards, E. C. Baker,'R..W. Boyd, E. K. Dargan, J. J. Ward, J. F. Dargan and I. E. Hill, (ol the lawyers who practice -ih the courts of Darlington, Messrs. W. W. Harllee, Henry Mciver and F. F. Warley only were absent,) retired for consultation. It was soon unani? mously decided that the law of 1671 is the'only Jury law In existence in South Carolina, and that, therefore, the grand Jury drawn under lt could no longer serve; but the more Important ' question arose: Is the Jury commissioner, who was a member ol the board by whom the other grand jury and the petit Juries were drawn, a'legally constituted officer ? Before deciding ' this question his Honor was requested to ad? journ the court and be present at the delibera? tions of the bar. Alter some further consulta? tion it was decided, ills Honor being present, that the jury commissioner lor Darlington County was not legally appointed, and that, therefore, no legal Juries were In attendance on the court. At 3 o'clock In the afternoon, the acting solicitor, in behalf of-the memberB of the bar, addreseed the court as follows : May it please your Honor-When the court met this morning, my attention was directed to the fact that two grand Juries were in atten? dance, one drawn under the act of' 1868; and the other under the act of 1871.. Your Honor, when the fact was brought to your -notice, suggested lhat there were doubts in your mind as to which bf the Juries should serve during' the present term, and, at my Invitation, the members of this bar were called together for consultation upon the subject. During the' conference another question of graver Imper- ' tance was suggested and discussed, and lt was whether there were any legal Juries, grand or petit, In attendance upon the court. As acting solicitor, I have been com? missioned by the members of this bar to sub? mit their Judgment upon the questions dis? cussed, In which judgment I fully concur. It ls their unanimous opinion, after due consid? eration of the law, that there are no legal Ju-, rles, grand or petit, In attendance. The act of 1868 changed the Jury laWof this State, without, however, repealing all former statutes, and provided a new code ol drawing Jurors. An amendment to thls act was passed In 1869,' which repealed In words all acts or parts of acts previously passed, except the act to which that act was an 'amendment. After the passage ot the amendatory act of 1869, the 1 Jury law of South Carolina was embodied in the two acts of 1868 and 1869, and so continued until the passage of the act of 1871, which pro-, vided an entirely new mode of drawing jurors. In the 39lh section of the act of 1871, ratified and approved March 10th, 1871, "it, ls unacted that "thia act shall take effect, and have the full loree ol law, from and after its passage." The act of 1871 was then In fuU loree and et iect from and ofter the 10th day of March, 1871, and was the only Jury law of South Carolina. In the 38th section of same act lt i3 -enacted ..That an act entitled an act to regulate the manner .of drawing Jurors, approved the 26lli day of September, 1868, and the act entitled an act to amend an act entitled an act/to regu? late the -drawing of juries, approved the 23d day of March, 1869, and all other acts or parts ol acta In any way conflicting with the provis? ions of this act be, and the jame are hereby, repealed." The act ef 1869, and that of 1871, are In con? flict as to the manner ot drawing Jurors, and thia section In the act of 1871 necessarily re Seals the act. ol 1869. All acts then in this tate relative to drawing jurors are repealed, and the only Jury law ot South Carolina at this time ls the act passed and approved the 10th day oi March, 1871. ir the act of 1869 has been repealed, the grand jury now in attendance, drawn in .accordance with the provisions ot that act, ls not a grand jury, because the re? peal of the act relieves them from the duty and deprives them of the right to exercise the duties of grand jurors. Besides, in the 5th section of act of 18.71, prevision ls made for the drawing, of jurors for the present year, within one. month alter the passage ol the act, and afterwards they are to be drawn id the month of January of each succeeding year. It seems that by this provision being mode the Legislature clearly Intended that new Juries, grand and petit, should be drawn fof the present year: If such was not the intention, why make'pro? vision at all for the drawing of Jurors ior the present year? If either grand Jury in attendance can serve, it is manliest that the jury drawn under the. act of 18C9 cannot. But are there any juries, grand or petit, io ai tendance upon the court, drawn lu accordance with the pro? visions of thejnry act of 1871 ? It these pres ent have not been so drawn, they are clearly not legal jurors, and -cannot take cognizance, of liny case submitted to them in the Court ol General Sessions or Common Pleas. By the fourth section of the act of 1871, a new office ls created, that of the Jury com? missioner, and the manner of his appointment ls therein designated He ts lo be appointed by the Governor and confirmed by the Senate, 1B the language employed in the. act, and to? gether \vith the chairman of ihe board , of county commissioners and the county auditor, .shall constitute a board of Jury commissioners lor the county. In the fifth section of the act it is enacted that "the board oi jury commissioners, once lu every year, during the month of January, and for the. present year within one month aller the passage of this act, shall prepare a Jury list,*' ?c. In the 12th section it Is enacted that "when jurors are to be*drawn, the board of jury com? missioners shall attend at the office of the clerk ot Uie court, and In the presence of the clerk oi court and the sheriff ot the county.' shall shake up the box, and having unlocked said box, the said board of jury commissioners, in the presence of the clerk and sheriff, shall draw a number ol ballots equal to the number of Jurors required." It appears from the words ot ihe act that the jury list must be prepared and the jurors drawn by the board of Jury com? missioners, consh-ting of the jury commission? er, the county auditor, and the chairman of the board of county commissioners. Thu act nowhere makes provision for a majority of said board lo act, but requires the action of the board.as a whole.' In the act of 18G9, It is provided In express terms that a majority of the board of county commissioners may draw jurors, and, in the absence of all the county commissioners, that the clerk and sheriff may draw jnrors. The aa of 1871, which is in part tbe same in lan? guage as the act ol 1868, contains no provi? sion of this kind, and it ls manifest that the Legislature did not Intend that a majority of . the bOard oi Jury commissioners could act In drawing jurors. The absence then of anyone of the memberB ol the board, or the disqualifi? cation of apy one from any cause, it seems, vitiates the proceedings ol the board, because lt is not the action of the board of Jury com? missioners as a whole as required .by law. The jurors In attendance have been drawn by the board ol Jury commissioners for this county. It ls a fact that the jury commission? ers for this county, and one of ihe members of the board wno acted In the drawing ot the jurors has not been appointed as sueh by tbe Governor and confirmed by the Senate. Net having been so appointed and confirmed, he J ia not aa officer under the act, and cannot therefore act as a member o? the board of jury commissioners. The words io che 4th section ef the act relative to. the appointment of the jury commissioners are unusual, and stronger than In aay other act cpnferrlbg the appoint? ing power upon the Governor. In the act of 1870, providing for the ap? pointment of trial justices, tod the act of 1868, providing Tor the appointment of audi? tors, county treasurers and assessors, the lan giage is: "The Goveraor ls hereby author? ed, by and with the advice of the Senate, to appoint," ?c. And in the act of 1868, Section 146, lt ls enacted, "If the Senate is not In ses? sion when a vacancy occurs in any of said offices, then the Governor shall All such vacan? cy by appointment, and the officers thus ap: pointed shall continue in office until the ex? piration of thp next term of the General As? sembly," &c. There ls no provision of this kind in the act of 1871, and a clause of this character cannot he added by way of-construc tlon or implication. The Legislature must have.intended then, from making no provision of this kind, that the appointment of jury commissioners could only be made by the concurrent acts of the Governor and the Senate, and that the Governor alone could not exercise the power of constituting a legal Jury commissioner to act as member ot the board ol Jurv commis? sioners created by the act But lt may be said, that under the 5th section of the act, the Governor is Invested with the power of re? moving the jury commissioners, &Qd by im? plication he Is also invested with the power of appointment to supply vacancies when the Senate ls not in session. No Bach power could ' be conferred by implication. Such a construc? tion would be manifestly wrong, and do vio? lence rt) all rules prescribed for the construc? tion of statutes. In other acts the same power ol removal ot officers ls conferred, upon the Governor, and the Legislature has not left anything for Implication, because provision is made in the same acis for Ailing vacancies, thus created, by. conferring In words such power upoH the Governor. * It may also be said that the Jury commis? sioner of this county received his appointment - iron), the Governor, and proceeded to dis? charge the duties of his office in good fal' h In accordance with the provision of the jury act, and that he is at'least a de facto officer, and ail his acts as such should be valid and legal, and recognized by this court. But the act ls plain and specific. He has not been COM firmed by the Senate.'-and When this fact ls brought to your Judicial notice, how can you recognize him as jury commissioner, or any of his acts as legal ? In the a.t provision ls made for ob? jection to any Irregularities la drawing juries, up to the time of rendering the verdict; and certainly those entitled to make the objection will contest the-right ol this de facto officer to act. I maintain, therefore, that the list of Jurors in the drawing of - the same' must be made by a full and legal board of jury com- . missioners, and the Juries, grand and petit, now in attendance, not having been drawn by each ! a legal board, as a whole, they are not legal juries, and cannot determine cases In the I Court of General Sessions or Common Pleas. I have been impelled by a sense of duty, aa acting solicitor, to express my judgment and that of the members of this har on this ques? tion, and thus bring the factofshe presence ol ao legal Juries at inls term, to the judicial no? tice of the court. To .proceed wi tb the busi? ness, when advertised that objection will be made on the part of prisoners, would-be ex? treme folly, and Increase'unnecessarily the. expense ot the county, without subserving in any way the public interest. I regret that difficulties are in the-way of dispatching the . criminal business, when I know lt is accumu? lating here, and the public good may demand the visitation of speedy punishment upon some offenders. I also regret that prisoners confined la jail will not have the opportunity of a speedy trial, as they are allowed by the constitution, ?nd they will suffer the rigor of a longer confinement than they anticipated, or probably should suffer. .But the fault ls apt with the court, cr myself as acting solicitor, because we stand ready and anxious to- discharge our public du? ties, by giving offenders against the law a. fair and speedy trial. The Legis ature of South Carolina ls m fault for not providing us with the means of trying those who should be j brought before this court. No provision has been made by that body to nave legal Juries here competent fur the trial of cases, and as ipublic officers Ve should not condemn the guilty or acquit the innocent except by due course of law and by the faithful administra? tion of it. Trial by j ?irv Is a sac: 'ed right guar? anteed by the constitution to every citizen of .this State, and lt ls the duty of the court to see that every citizen, no matter how humble or exalted, shall have a trial by jury according to law. To act otherwise would be to sanc? tion mob. law, and thus diminish the respect of the citizen for the law, and give license to crime and disorder. If a mistake has been committed by the Legislature in ita legisla? tion for the public weal, to that body attaches all the blamey and not to the court, the officers of the court, parties litigant, or the public- Ii ls my solemn conviction, that there are no le? gal Juries present, and that we cannot proceed with the business before the Court Of General Sessions, and this is the Judgment of all the members ot the bar. Mr. Townsend then moved thht the Court of General Sessions adjourn sine die, which mo? tion was grauted. THE KU-KLUX IN ALABAMA-RADI? CAL TESTIMONY. MONTGOMERY, ALA.? June 23. The State Journal, the organ of the. Alaba? ma Republicans, says: "We bave lived in Alabama, over a quarter of a century and never felt our life or property lnsecurt on account of political opinions. We are sine-re in our Re? publicanism, and felt safe- because "we love our people and honestly b'ilievti we are pur? suing a course that will .redound to their peacer happlhess and prosperlt-.." The editor ileHOtincea those calling themselves Republi? cans who try to get office by stirring up dis? cord and strife, and poison the minds of voters in .secret dens at midnight, where honest men and sincere Republicans are plotted against, simply because they are honest and sincere and have social standing in the community. "'Snerti Republicans may feel unsafe." He concludes: "We believe that every honest man ls safe in Alabama no mat? ter what his political opinions are." . SPARKS FROM THE WIRES. -Rabbis Bernard and Ijlowoy, who were thrown from a buggy at Cincinnati, are dead. -The Memphis and Selma Railroad has been mortgaged for four and a half millions, to se? cure the first mortgage bonds. fc . -The hemp-bagging factory of J. S. Little 4 Co., in St. Louis, was burned. Loss fifty thous? and dollars. -The report that several Episcopal bishops remonstrated with Bishop Whitehouse against the deposition ol .Cheney ls authoritatively de? nied. -Mrs. Vallandigham is much worse. She ' has frequent spasms, and calls constantly for "Clement-why '.don't he come 5" -The .Tidal Wave came in ahead in the New York yacht race, lollowed by the Columbia, one minute later. -Natives of Alsace and Lorraine, residing in California, protest against the cession of the provinces to Germany, and determine to re? main French citizens, -A jury, composed eotirely of colored mea, coavicted two mea charged with murder and robbery, and a woman, aged 78. of murder la - the first degree. The jury was nil colored, be? cause all whites had formed an opinion. This at New Orleans. NEWS FROM NEW YORK. NEW YORK, June 23. Edward Moen, for forgery of railroad tickets, was sentenced to five years' imprisonment. The 8upreme Court denied, with costs, the mandamus to compel Carlton- to exhibit to L ihahan the books of the Methodist Book Con? cern. THE NEWS FROM EUROPE. M'MAHON TAKES MEASUEES TO IN? SURE QUIET IN EARIS. Courts Martial to Convene at Fontain? bleau-The Mew French Loan-Prince Napoleon Declines Candidature-Com? mune Refugees nt Bf alta-The German Catholic*-McMahon Restricts the Sate ot Petroleum and of Firearms-The Italian Parliament. PARIS, .June 23. Fifteen thousand troops have been Bent to Fontainebleau, were two courts martial.will' convene. The courts commence their sittings on Wednesday next A Free Trade League has been established at Versailles. President Leon says the French loan will be Issued at 82 and 50 payable in . seventeen In? stalments. Prince Napoleon declines the As? sembly candidature. Guizot has written a letter in favor ol T hi era's policy, and desiring a speedy solution of the monarchical ques? tion. ' Gambetta is In Malta with many Communist refugees. LONDON, June 23. ' Prince Bismarck announces that the Pope disapproves the action of Catholics lu the Reichstag, in opposition to German unity. PAMS,'June. 23. A.decree has been published recalling fur? loughed treasurers, assessors and collectors tb receive subscriptions to the new loan. Immense lists of the amounts received by French ambassadors and consuls in foreign countries, in aid bi the victims of the war, | have been published. McMahon has Issued a rr order regulating the sale of inflammables, disobedience to which will render the offenders liable to court-mar? tial. Dealers In ammunition and firearms are also instructed. The French mail service to India and China recommences July lat. FLORENCE, June 23. The Chamber of Deputies have approved a bill reorganizing ?he army, .and are now dis? cussing measures for the public safety. . DISASTER TO THE INDIA COTTON | CROP. BOMBAT, June 81. A.hurricane has destroyed the cotton crop ot the country around the Towu of Banda, In the district-of Surat: Th? loss ls estimated at half a million sterling. It will take years for the planters to recover irom the blow. ALL ABOUT THE STATE. Lexington. We are Informed, says the Dispatch, that on and after the first of July-next, a weekly mali line will be put In operation from thia place to ornear Mount Willlag, Edeefield County, via Rocky Well, Drafts' Mill, Hollow Creek, West Creek and G?rman-vllle. Lexington County collected ?218 poll-tax for 1870. Number ol chllden between 6 and 16, attending school, 1878. Edge li eld. A correspondent cf the Columbra Union gives the following at a fac-simil? of a docu? ment put forth by a trial justice in Edg'efleld: EDQFILDE, C. HI S. CM June 10. Afr. J. C. Mayson: 8IR-Tha is a war rent In my office for you In faver of Allen Smyley for ?alt and bat try. You will pleas com down and ten to It or I will have to send a officer after you. I have Bet next Salterday to try the case. Tours with respect, ---, Trial JuBtice. Chester. ' The Chester Reporter tells the following story about 4,local rates": "We received an Iron safe last week from Baltimore. It weighed one thousand pounds. The freight irorh Balti? more to Charlotte was eight dollars and fifty cents. The freight from-Charlotte to Chester 4 a distance of lorty-flve miles) waa three dol? lars. This ls what they cali local rates. We wonld like to he informed whether the charge was made by measurement or by weight ! An iron safe ls certainly more easily measured than a bale of cotton-! Ii Cheater caa survive the. local lreight rates of the Charlotte, Colum? bia and Augusta Railroad, and the condition of the highways leading here, and-continue-to be a place of business, her claim to pre-emi? nent vitality can never be disputed." Tbe Governor has accepted the resignation of Alexander Kelsey, and has expressed his intention to order an election for coroner and two county commissioner for Chester, at an early day. . . . I Columbia. There same very near being a case of acci? dental drowning in Congaree Wednesday. The circumstances, as we learn them, are that Thomas Cherry, Alexander McPherson, and a boy named Ferdinand Smith, were bathing in the river, and -took the boy over on the Lex? ington stde,.and left him there temporarily, and McPherson swam back to bring the boy over. ?v hen about half-way across, the boy became frightened, and grasped McPhereon in BHcti manner as to cause him to sink. Cher- . ry then swam out .to their aid, when the cramp took bim, hut by this time the current had carried them down so they reached the shore. McPherson has been confined, to his bed ever since, and ran a'verv narrow chance. The Frankfort (Ky.,) Yeoman has the fol? lowing Items: "Rev. William E. Martin, of Columbia, South Carolina, who is'sollcitlng funds for rebuild? ing- Washington street Methodist Episcopal Church, burned In that city at the time that General Sherman was 'moving northward with the sun,' in February, 1865, preached a most Interesting discourse at the Methodist Church in Frankfort last Sunday, and, we are pleased to learn, received about $75 for the sacred object of bis mission. We trust. this amount will be doubled, if not trebled, be-. Mr. Martin leaves Franklprt. "Last Tuesday evening, Brlgnoll, assisted by Mrs. Brlgnoll. nee Mcculloch, -of Columbia, Sig. Ronconl, baritone buffo, end Mr. Bosco vitz, pianist, gave a concert in Toronto." THE WEATHER THIS DAT. WASHINGTON, June 23. It ls probable that a severe storm will pass irom Western Iowa to Ohio, with a lesser storm to the southward. Extended threaten? ing weather is probable lox Saturday from "WrginiB, north and eastward. ? Yesterday's Weather- Reports of the ' Signal Service, U. s. A. Place of. Observation. Augusta,. Baltimore. Boston. Buffalo, N. Y.... Charleston. Cheyenne, W. T. Cnieago. Cincinnati. Corinne, Utah... Key West,Fla..'. Lake City, Fla .. Moelle. Nasfrvlile. New Orleans.... New York. Omaha. Neb.... Philadelphia. Portend, Me.... san Francisco.. Savannah. St. Louis. St. Paul, Minn.. Washington, D.c. wumingtou.N.C. Norfolk. Galveston. Mt. Waa ti mg ton S BS 29.94 ?29. SS 29. bb 29.99 29.6-1 29.87 30.07 30. Od 20.94 30.00 29.92 20.94 29.?-9 29.78 29.92 29.97 29. IN 30.01 SW 9lJSW *3 SW Cm W Gentle. Gentle. FreBh. Fresh. Uriah. Fresh. Gentle. Gentle. Fresh. Brisk. Gentle. Fresl). Frewh. Fresh Fresh. Qentle. Cloudy. Olondy. Cloudy. Fair. Fair. Fair. Fair. Cloudy. Fair. Fair. Fair. Fair. Cloudy, lair. Fair. Fair. Fair. O.ear. THE DBMAND TOR COLORED SERVANTS.-Th? Richmond Whig has the following interesting statement concern? n g the local labor sit p p ly an d some of the Influences now affectfng<it: ? .*! The demand from the North for colored female servants ls unprecedented. It comes chiefly from New York city, Brooklyn and Jersey City. -The prices paid for this, class o? servants range from $ 12. to 426 per mon tb; and even higher. The colored people who ara"'' cognizant ol these facts are migrating North in large numbers. Among the females there ?are few who will hesitate to sande* family ties to accept a good place in New York. It ls ' worthy of note, in this connection that while the exodus of colored females ls..Increasing, there is a growing influx from the North of English, German and Trish females seeking places as domestics. . At the North-there is un? doubtedly a growlpreference for colored domestics over toe^bltee, wno in former years were almost exclusively employed bjj the;: 4 'Yankees" for household servlee. The. wages bf a white domestic Is from $8 to $10 per month. V-?"*T.: - The local demand for ;iabor is very active. The farmers, havlngio compete with, the exc?s- - sive demands from other d lrectlons, are pay lng the highest prices for hands. " The negroes are mostly averse to farm labor. They Nvrn listen mach more readily txKie age:its of the railroad companies than to the planter. Farm laborers obtain $8 and $10, and even $'.2 per month, and' are hard to get even at those prices; "Work on the railroads at an average of $175 per day, with rations at 25 cents per diem, ls consldered - more profitable. There are one dozen appli? cants at the Richmond Laboi Bureau to one supplied." ?* *n v- ... J Special Natten. ? ? sm* $100,000 IN PRIZES 1-READER, IA FORTUNE MAY BE YOURS FOR FIVE 'BOL--., LARS.-Fair, Square and Honest.- 'Aiken Pre-" mlum Land Sale. Ninety - roar Real Estate Prizes '. from $300 to $26,000 each'. Five hundred and . twenty-two Cash Prizes from $fi to' $1009"each. ' Only 19,000 Shares at $6 each. A Premium En-' h {-raving worth $6 with each share. ' Twenty-five dollars will secure six engravings, with sn equal { chance to all the prizes. For shares and fall ' particulars, address J. O. DERBY, General. Man a- ? - ger, Augusta, Ga. - junii St9* THREE MONTHS APTER DATE application will be made to the -Planters* and* Mechanics' Bank for RENEWAL OF 80BIP FOR SEVENTEEN SHARES OF STOCK standing'In name of W.. ROACH, in trust H. MISS KOON and - WIFE, the original ha vhfg been lost or destroy ed. April Mg, 187L _apr2A-lamo3? JUST P U B L I SH B'D V ''"VU ONE VOLUME, Price Mc.. ' *. .-j !'. The io ll owing Medical Lectures for Gentlemen : 1. PHILOSOPHY OF MARRIAGE. 2. PREMATURE DECLINE IN MAN. ' 8. NERVOUS AND PHYSICAL DEBILITY. * 4. DISEASES OF THE GENERATIVE ORGANS. 6. SPERMATORRHOEA. e. ABUSES OF THE NATURAL FUNCTIONS. 7. TREATMENT AND-CURE. Price 50 cent? by mall Address the author, Dr. CURTIS, No. 9 Tremont Place, BostonrMaas. mar7-tntbaljr '_ ." ' ^SPECIAL NOTICE.-THE ON?B?^ I.SfQNED respectfully Informs bia- customers ana .-; those w Ls h lng to patronise him, that he 1? now j prepared to Uko orders for GROCERIES at their. f residences, having s book for the purpose. Orders- ' will be taken on TUISDAYS and PBTDAYH, 'and goods delivered to any part of the city frae of : charge. FRANCIS L. O-NEILL, junt9 ' ' ' ' No. 238 Klag street . . SOT* BAKER'S OITRAT? MAGNESIA. A splendid preparation, completely, superseding the.use of all Anseous purgative Medicines. Bold hy Druggists. JNO. C. BARER A CO., Philadel? phia. ; A fun supply on hand by - DR. H. BA ER, feb7-tutha8moa_No. m Meeting street. ' READ CAREFULLY.. FEYER AND AGUE, the only preventive known for Chilla and Fever u is the ns? ol Wolfe's Schiedam Schnappe. - . WOLFE'S SCHIEDAM SCHNAPPS Iagood for Dyspepsia. WOLFE'S SCHIEDAM SCHNAPPS Ia a preventive of Chills and Fever. WOLFE'S. SCHIEDAM SCHNAPPS ls good for all Kidney and Bladcrer Complain ts, . WOLFE'S SCHIEDAM SCHNAPPS is used all over the World by Physicians m their practice. ; . . ; WOLFE'S SCHIEDAM SCHNAPPS ls good for Goat, WOLFE'S SCHIEDAM SCHNAPPS lg good for all Urinary complaints. WOLFE'S SCHIEDAM SCHNAPPS la recommended by all toe Medical Faculty. WOLFE'S SCHIEDAM SCHNAPPS > .< Is good for Colic and pato to the stomach. WOLFE'S SCHIEDAM SCHNAPPS ls imitated and counterfeited, and purchasers will have to use caution m purchasing, oeg leave to call the attention of toe reader to testimonials to favor of the Schnapps:.. , I feel bound to say that I regard your SCHNAPPS as being m every respect pre-eminently pure, and deserving of medical patronage. At all ?ventait fa the purest possible article of Holland gin, here? tofore unobtainable, and as such may be safely prescribed by physicians. DAVID L. MOTT, M. D., Pharmaceutical Chemist, New York. ; LOENVILLE, Ey., September 1. 1 feel that we have now an article of gin suit? able for such cases as that-remedy ls adapted to. Da. J. W. BRIGHT. "SchnappB'Ifl a remedy in chronic catarrhal complaints, Ac. - ?. I take great pleasure In bearing highly credit? able testimony to Its efficacy aa a remedial agent, in the diseases for which you recommend lc ; Having a natural tendency to the muccan sur? faces, with a slight degree of immolation, L re gard lt as one of the most important remedies in chronic catarrhal affections, particularly these of the genlto-urinary apparatus. With much re? spect, your obedient servant, CHAS. A. LEAS, M. D., New York." ' .No. 36Pura STREET, N. Y., Nov. 21,1867. ' CDOLPHO WOLFS, Esq., Present: DRAB Sra-1 have made a chemical examination of a sample of your "Schiedam Schnapps," with the Intent of ' determining If any foreigner injurious substance bad been added to the simple distilled spirits. The examination has resulted in the conclusion that the sample contained no poisonous or harm? ful ad mixtures. I have been unable to discover any trace of the deleterious substances which are'sometimes employed in the adulteration of liquors. I would not hesitate to use, myseif, nor to recommend to others, for medicinal purposes, the "Schiedam Schnapps" as an exeelient and unobjectionable variety of gin. Very respectfully yours, (Signed) CHAS. A. S EE L YR Chemist. CHSMicAI AND TECHNICAL LABORiTftr, ) 18 EXCHANGE PLACE, N. Y., Nov. 26, 1867. J CDOLPHO WOLFE, Esq. : Baas Sis-The under? signed have carefully and thoroughly analysed a sample .ol your "Aromatic Schiedam Schappa," selected by ourselves, and have found the same free* from au organic or inorganlo substances, more or leas injuri?os to health. Prom the result of our examination we consider the article one or superior quality, healthful Ss a beverage, and effectual in Its medicinal qualities. Respectfully yours, (Signed) ALEX. THIPPEL, Chemist. FRANCIS E. ENGELHARD, M. D. For sale by all respectable Grocers and Dru gists. UDOLPHO WOLFE'S EST., mar2i-smos No. 22 BEAVER STREET, ?. Y.