Historical Newspapers of South Carolina

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w ,ewfare counfrted. Surely it is- a grave probtniwh66n our judi tein iftidi6 piomtY,nd atisfictorily'meet those im pofiis'd-iivds intvlvig, as they do; the constitutional rights -andlIibet1esW6f'diir citizens. ndei- thiesecirc-imsta6des I would respectfully recommend that thEKAbibYidin-for Special Courts Ie abolished, and that at least tw&Malii jdi1al circuits be established. -Wih&i"rniziig further: specific receonmendations, I beg to preaeid l 9&Viir'careful consideration the fact that the Courts of General Sessions now encroach too much -upon the Courts of Codiaion PI*'ss;suordinating entirely civil to criminal business. T6is-sah.ijustice to'tlie righfs of p'rperty. but I shall not attempt het tetgjt "'the.pioper remedy. I believe, however, this to be a iier. well'worthy~ of .your consideration and trust that you iwdi Cihi sianour deliberations. k*:rikIet cotistrainied; because 6f the great importance of this di'ithe jeople of b.ouf State, to. make one other recommen d6&ib-ris- with fi iew to ihe establishment of County Courts di ajai idr mndrepopulous tounties. Iri most of our counties, *iW#tJhi&fissd' facilities -vhicli will be afforded by two addi toi4 u ,;.-itsch COufts_.would be unnecessary and burdeisome. Naijeredtirtiesthowever, .the situation is quite different, and 1 he '.*ivi6%WibE ise:idamend the law relating to County Courts iihefarer contie's not n6w included in this law might, by an@ ityotek eitAblish such courts whenever they deemed it *eeil.2 - .ionsideration of this subject I have not overlooked the -: of:etpense. - I am convinced that your deliberations will re e fact :that the necessary expniditurcs involved will be a Wis conoiy. Furthermore, the administration .of justice will ic*.be g'eOorary and uncertain in any measure, but will be more -ni established upon the strong and lasting foundations upon wih should ever rest this department of our government. YN HINGS AND LAWLESSNESS. occurience of lynchings from time to time in our Statc is aTd blievers in law and order. Such deeds seem out of 04 * oii- diviliiation. Thinking men, however, must realize the at oh'ccoirit of conditions existing in isolated communities, - 1~ s1Tof eertairi crimes-while always deplorable-are not o eitr.to rice or geographical limits. They will never ea iun l the crime ceases. Theoretically speedy trials o ":t.iaririedv, but strarting under the horrors of the out t;tn&ft e iiidaw-abiding communities may hesitate to ex p t further indignity the shrinking victim. E 1 tig-1 i h tie, crime in any form cannot be extenuated. 6 is proiided tribunals for the trial and punishment of 4 gharisf-the law, and in these tribunals even such crimi lkIifed and punished. There is no danger that those u be crimes may escape just punishment in the ~ i fford as' earlv trials as the law per'nits. To co i ilbods the majesty of the law: the other aller - - foundationsup6n which our government rest. Ui fimcp will inevitably lead to lynching for another. arlii, r ir a ittempt to commit rape is punishable by in fr if period not longer than ten years. This, in my slonld be chunged, and the penalty inflicted should be here must be respect for law and this must x fe saity of every citizen depends, at last, upon the forement of law, and this- fundamental principle should cistoxtirts and thus become ingrafted upon the _g"Xrmindsf our citizens. It is of the utniost importance -o.isdidividuals, and also to the good name, welfare and pros orState,.that lawlessness, under all forms, should; be Scease by the proper enforcement of law arid by the up ~i~Of pub$liwe intiment in South Carolina. ','- THF-DISPENSARY LAW. sw, ii nestrly, all of its salient points, is one which is pe i&ut ikolinia. It 'has attracted considerable attention ~i~~outthe :United States and some of its features have been b he States. In spite of the opposition which was - c(nr fr its incipiency, it is favored by, a large majority dft~ itizens of S'outlx Carolina. The enforcement of this law 4~v e ima rily upon the Governor, by means of a constabulary tcfiihe appoints. In many counties very little work is ite 40!,lie part 'of the constabulary", local sentiment being so stogi a~vor of the law, that, when violated, convictions are 1YbcNaed in the courts. ?~'ew other sections, however, were i.. not for the work of eeN~& ioIati6ns of this law would be-more open and frequent Fequent attemmpts to evade the law and th~e constant t rry on the illega1 sale of whiskey, in violation of the fo6siof tDispensary Law, devolve an onerous re ~ityl uporn the- Governor. This is especially true when - r1ifis de'ie 'of those to whom ~the enf6rcement of tl * .i itriisted to" see that it is properly enforced, u ti&idfintio5n. Realiting, as an Executive must, that the c~~&ij~idof any statii*& law must bring demoralizing results t~~~jiI~6f aPState, anfd'ling, as in this case, especially charged, ~*k~'or hei eiiforceirenE of this law, t have sought to ~ ii~tetfae oire sibilitisihich I feel are mine. That this cxgi i js- idife-ithout fridtion f sincerely regret, but ZEsiftffaf-dui-ihg thipast year there has been compara While I realize the fact that there are infractions of the law, yEt4fiErsii'hat dirfig~the past year its enforcement has been ai&~ Isfifor in" eviiy iesyeet, and I believe that continued efr&isff:*ilt'~'itf'futfer' iirried conditions. The Dispensary L4ZifirideyfsrraTe~.f4etires'in~regulatinig the sale and use of is#t iitimn'ht in 'favor of restricting sales within the pionofTis1liw is~conimeiidiing itseff to the peop!e more and ii Ealiyar Ting the~5ftate as a ivhole it is evident that this sr%E~edeNiedeltlie bds~t soltition~of the question when properly regYeiii enTorcedf. H ides't'~sessioni you passed an Act providing for the ap poizitnment of a Chief Constable,-and I am glad to say the officer asp'offindei this Act has rendered me invaluable services. The Chiif Ciista'bTi as'sumed charge of his duties on March I, 1903, an''ffl iiiig summary will showv the status of affairs since that date t6&November 36, i903.- The figures given cover a period of. nifi bilh^ and show inciease ovei" the same period for the pre .ce sif: Totfincrae in cost of constabulary.. .. .. . .... ...-$7,719 a4 Total iiicer ini valus of. seizures.. .....-.-..-.-..-.-3,586 88 5t&i] iase in valuie of fizes collected.. .... .... ...1,659 00 T&o^tY inc?iise ini dispensary salles for twelve months. .$41 1,785 a7 ' 'ethogt it best, in giving this brief summary, to refer to th icased sales of the dispensary, because these increased sales show-not that there is more liquor drunk in the State-but that more .oL the amount ordinarily consumed has been purchased through dispensaries, thus proving a better enforcement of the law. *In reference. to the business transacted during the past fiscal year .a~d th ondtio of the Stae andlocal disensarie T would re spectfully refer you to the annual reports of the State Board of Directors and the State Commissioner. T'iese reports will set be fore vou fuliv the details of the dispensary management, and I con mend them to your consideration. The following figures will appear in the report of the Board of Directors: Net profits to towns and counties, 1903. ------.. .$512,216 35 Net profits to State (School Fund).. .. ..........126,266 oo Total net profit for 1903.. .. ............... $638,482 35 Net profits to towns and counties, 1902.. .. $43,198 76 Net profits to State.. .. .................-- 123,699 57 Total net profit for 1902.. ..-................$566.898 33 total increase over 1902.. . .......-.-.-...-.-.-71,584 02 Total gross sales for 1903..---.. --.--.. . ... .$2,817,998 77 Total gross sales for 1902.. .. ................ 2.406.213 50 Total increase Over 1902.. ................. $411.785 27 STATE BANK EXAMINER. During the past year my attention was called to an Act passed by the General Assembly in 1896, creating the office of State Bank Examiner, and I was requested to appoint such an officer. Investi gation revealed the jact that no such appointment had ever been made, though this law has been on the statute books for seven years. The law provides "for an Advisory Board, consisting 'of the Governor as president, the Comptroller-General, the Secretary of State, the State Treasurer and the Attorney-General." I called this Board together, and after full discussion the Board declined to take any action, but requested me to call your attention to what appeared to be 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 the salary of the Examiner, the State Treasurer being authorized to pay- only his actual railroad fare. The provisions of the Act require that the State banks should be responsible for the payment of the salary of such an officer, but the law is 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 be drawn from the treasury only in pursuance of an appropriation made by law. While 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 pprfect the Act as it now stands, I would respectfully offer the following .suggestions: First, that the salary named be increased to an amount sufficient to command the 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 appoiitment 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. The last decade, I regret to say, has witnessed the passing of a great industry which once yielded a:large revenue to the State narnely,-the mining of phosphate deposits found in the beds of some of our rivers. Theiruth of this campbtbe better shown than by the followina Stt ib ;4 ending August 31, 1893, the re'yenue of the State from this soured anfounted to $249,338.02, whereas for the past year ending' Octobe 31st,it received only $15,815.22. . Ten years ago there were~ ten prosperous companmes engaged in this business-there were about twenty large di-edges at work, and Coosawe River and thse vicinity of Beaufort presented one of the busiest scenes to be witnessed anywhere in the State. Today only two companies are striiggling for excistence, while dis mantled anid sunken dredges, and deserted and decaying buildings, alone tell of aia 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 the day. It iunnecessary 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, for, 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 te'm of that officer the companies-'have been reporting monthly to the Comptroller-General and myself. While I am satisfied that these reports are correct, still there is now no one who can officially visit the locality where the work is carried on and look after the interests of the State, the annual visits of the Board being, of necessity, merely superficial. Under these circumstances I would recommend that the State Geologist be made a member of the Board, and that, as far as practicable, the duties of the Inspector be 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,ooo.oo for a State exhibit at the Louisiana Purchase Exposition, to be held this year in the city of St. Louis, passed the Senate, but failed of passage in the House. Shortly after the close of the session $89,ooo.0o was added to our State Treasury through a settlement made withi 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 the liberty of writing each nmem ber of your body, asking if y'ou 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 to defer further action until the present time.. It was a matter of sincere regret to me thiat 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, Missotiri eshecially, contributed handsomely to the South Carolina Iriterstate and WVest 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 rarely given. South Carolina never had more to offer nor more to gain than by proper use of this opportunity. Fronm a business standpoint, the importance of this occasion cannot be overestimated, and I again ask your consideration of this matter. not too late to prevent our being lcft out entirely. If no more can be done, would it not be wise to erect a State building, have this as headquarters for a bureau of immigration, and thus reap some share of the benefit of such an exposition? In another part of this message I recommend the establishment of a.Bureau of Commerce and Immigration, and it seems to me that the duties of the com missioner could not be better inaugurated than for him to begin this most needed work at the Louisiana Purchase Exposition. I reconimend this plan for your favorable consideration. FOREST PRESERVATION. While I do not desire you to think that I am 1o;Kinuq subjects to bring to your attention, still there are some matters of impor tance to the future welfare of our State which I cannot refrain from urging upon your consideration. Most important among these is the subject of our rapidly disappearing forests, which are, beyond question, one of our great natural resources, and would so remain with proper care and protection. At present we are giving them absolutely no attention, and if the reckless waste continues with:no effort to replace them, the destruction will be complete, the:loss irreparable. Our past neglect in this matter now makes it a neces sity that some systematic effort should be made regarding the pres ervation of our forests. The destruction of forests is in. large measure responsible for continued droughts, while, on the other hand, it is claimed that the rapid a-I destructive floods, such as that in the Pacolet valley last summe., are made more disastrous because of the clearing up of the forests bordering these streams. From a financial standpoint great interests are involved in this matter, to say nothing of the many ccmpriehensive blessings and ben efits that are inseparably connected with the more material aspects of the case. I realize the fact that perhaps not much can be at tempted now, but I deem it wise that a beginning should be iaEde, and hence it is that I invite your consideration of this quesion. A process of gradual protection and replenishment will bring incalculable benefits not only to us, but to the generations that i to follow. The sooner a beginning is ihade the better, for our people do not realize the value of the little timber that is left. In' many of our States and in most of the older countries, the goverr. ment takes an active intereit in forest pi-eservation, and until we can do something better I would like to see; Arbor Day obseryed in every county in South. Carolina, when trees would be planted in parks, around public buildings. and on every roadside. - This would be a beginning, and an important qne, in the right direction, and I sincerely trust that we are now thus to inaugurate this im portant work. In connection with this subject, I should be glad to see ouf State House grounds, systematically beautified on sime, artistic and developed plan. They are now well kept and the officer in charge is interested and would gladly see that this improvement is made. THE FISH AND OYSTER INDUSTRY. Another subject of equal importance, and one which we have allowed to drift into similar conditions, is the fish and' oyster iii ests of our State. In my judgment it should be the Policy of th" State to legislate upon this subject, with a view first to protec ia develop the industry, and, secondly, to.make it a source of revenie to our State. The former 'consideration is most desirable and necessary and the latter is -practicable and just. Other States sih]i ilarly situated upon the coast derive large revenues from this. source, that of Virginia being more than a quarter of- a million dnlii while Maryland's yearly -revenue is about a half millon AdYs. With us, Beaufort county alone derives a revenue from this'sonUi*ce. while shipments are annually made from the State aggegating several hundred thousand dollars, for which we -receive no equiva lent, depleting and destroying the supply. There is positi'vely no reason why this condition of affairs.pud be allowed to continue, and r recommend that a license systemn, wiith regulated fees, be adopted, reqiuiring all persons who fish or'gather oysters for market to procure. such a license. Let it b~e dist+dl 'understood that this-is to apply to those who go into this occupation as a business, and:n.ot to those who engage in it for their own' s or pleasure. The fund.derived from these licenses should.be equally divided between thie State .and the county where the licensa' are: granted. In 'my judgment this is equitable 'and will tend to~ the better enforcement of the lawv. In addition to this, such a system' will be more efficient than any other plan in regulating and enforc ing the operations of the law in regard to the "closed days," thus removing the dissatisfaction which has arisen because of' the non observance of such days. There are now a'number of oyster canneries in our State, doing a large business, and, of course, these should be specifically included in any license system. The conveying'of oysters beyond the bor ders of the State for canning purposes should be prohibited, and this should, therefore, be included within the provisions of the Act. Our present law allows one to reserve certain territory for the pur' pose of.cultivating oysters, but affords no protection for-this. If we wish our citizens to engage in this industry it is only just that they should be protected,' and I rec'ommend that legislation with this purpose in view be adopted. As I have already said, this industry should be fostered and pro tected, which is not being done, and, in addition to this, we should receive from it a substantial revenue. For these' reasons it is ofgreat importance, and I invite your careful consideration, trusting that you will enact laws with such pur'pose, in view. BIENNIAL SESSIONS. A Bill to amend our Constitution, providing for biennial sessions of our General Assembly, at your last 'session was passed by the Senate, and is now pending in the House. This Bill will no doinbt receive your careful consideration at this session, and I am sure that you will act upon it with due regard for the best intere'ts .oi the State. It appears to me that the adoption of biennial sessions would result in a considerable saving to our State, and our finances require that economy, wherever practicable, should be considered. In very few States of the Union nowr do the Legislatures meet annually, and I know of no peculiar condition in South Carolina that requires our General Assembly to do so. This is a very important business matter, involving, however, more than financial considerations, and I trust and believe it will have your full and careful attention. CONCLUSION. Be fore concluding this message I wish to make.personal acknowl edgm'ent of my appreciation of the sei-vices of my associates who hold th~e various State offices. In tendering this expression 'of thanks I need not remind you that the State. has been also the recipient of their faithful labors. The honor and dignity of South Carolina will not suffer in your keeping; the prosperity and advancement of her interests will have' your zealous care and will be promoted by your wise deliberations. We will unite in the hope that we may prove ourselves worthy of the trust and confidence of our fellow citizens, whose servants we are. May the blessings of an All-Wise Providence rest upon us, that our labors may be acceptable to all, creditable to ourselves and beneficial in bringing peace, prosperity and happiness to.tis and to those who foll6ow. 'D. C. HEYWARD -Governor.