The Manning times. (Manning, Clarendon County, S.C.) 1884-current, October 02, 1895, Image 1

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ANNING, -S. C., WEDNESDAY OCTOB t T85 -N H.11!1) AT XOK PROCEED:NGS OF THE CONSTITU TV')NAL CONVENTION; - Pr-minbitaries Are -Over mnd Actual Work C. -~.-TIt~ .rticfre oat tho ~ci live Department. ComLCIAIA. Sept. 25.-Specia* The Co0Sttutional Convention may -low he said to have passed througrthe pre lininary stage, and come to the con sideration of-actu-l measures. This is not saying that the body hasebeen idle. A most important. responsible and, in some respects, difficult part of the work has been quietly going on. Everv measure introdiced has been referied to its appropriate commnittee, and the number of these has been such as to entail much labor in their proper consideration-. It seems to be the pur pose of the committees to compose and digest all the measures submits and, out of the whole, to' franie pivisions which shall embody the best'features of all the many :and: diverse schemes thus far brought forward. The com mittees-certainly the more importapt of them-have beenxvery hard worked. XbRE NEW PROPOSITIONS, Monday was. the last day on which new measures 'couTd be intrOduced. Notwithstanding the number of these already brought forward, there was rather a rusli of them at the last mo ment. Among them the followjgg only are of public interest: ; By Mr. Austin of Greenvill'- -- require a license for carrying conceal ed deadly weapons; also to impose a poll tax of one dollar on all ablebod ied male citizeps between the ages of 21 and 50. By Mr. George Johnstone of New berry: That it shall be demed a part of the charter of every corporation created under the provisions of any general li, and every charter grant ed, renewed or amended by Act or t reso lutin of the General Assem bly that such charter and every amendment~aid reneal thereof~shall always tertain.subject'to amenfmntn#, alteratio'n or epeal by the Geneial Assembly. That all citizens of the United,States. who are residents of this State shall be citizens of this State, and no person who is not a citizen -of -the United States and of this State shall be enti tled to vote or to hold office. , That the boundaries of the' severi1 counties of this State shall remain as they now are established: Provided that the Gegeral Assembly shall hale the power:at any time W orgamzenew counties by -ohanging' the boundaries of any of the old -ones, but no new county shall be hereafter formed of less extent than four hundred and fif ty square miles, nor shall any existing counties be reduced to a less extent than five hundred and fifty square miles. Each county shill constitute an election district. By Mr. McMahan of Richland: To empower the Legislature to r late the cutting of forests, to forbi the taxing of mo es; *to authorize noiialn for the publica tion of namesof persons connected with indeceit crimes. - By Mr. Otts of Union:.To substitute. salaries for fees in paying all public officers. By Mr. W. C. McGowan, of Abbe ville: That no woman .shall legally consent to marriage or ;mexual inter course who shall not attain the age of 1615r. W. J. Montgoery of 'far ion: To::on pe.the4 children between the ages of.M and 16 feh :to.attend school' foi- not less than 24 months in all; to levy a tax of three mills an nually for the support of the free schools; andto increase the poll tax to $1.5Q,. ithe.proceeds thereof- to. be ap plied'to thhsuppdat of the common schools. By Mr. McWhite of Florence: That no portion of any fund or 'tax nd - existing or that may hereafter be rais ed or levied for educational purposes, shall be appropriated to, or used by, or in aid of any church, sectarian qi denomiaational school. By Mr. Kennedy of Chesterfield: To make the school tax two iills, to put the poll tax of one 'doiar oil all1able bodied male persons bet ween the ages of 21 and 60 years; and to apply to the schools all moneys derived from fines, forfeitures, escheats, licenses and leases or sales of public lands. . By Mr. Patterson of Barn-well: To fix the school tax kt three mills, and the poll tax~(on all ablebodie'd male persons from 18 to 60) at,one dollar. By Mr. McMahan of Richland: To make each counfy-liable in damnages for thejmurder. of any person within, its bouinds. To authorize the Legislature to es tablish boards of phy~sicians and pro viding that no man shall be compe - ent to marry within this State unless after a critical examination by one of said board; he shall receive a certifi cate'therefrom to the effect-thatt& is free from all diseases that would ren der him unfitflo be a husband or a father. A memorial Nvas received from sev eral citizens of Aiken county, urging the Convention to making provision for a pension of- at least $50 per annum to every disabled Confederate soldier or to the widow of such soldier. --- A memorial was reeiy'ede from a number of colored -citizins of-the city of Sumter, asking that so much~ of the regulation as to-voting in: municipal, elections as contains the provision that any person may vote, who, though unable to read, may give a.areasona ble construction" of any section of the State Constitution. T HE EXECUTIVE DEPARTMENT. The first work bearing directly upon the'actual framing of the new Consti tution came up on Monday in the consideration of the report of the committee on the executive depart ment. Mr. Robt,. Aldrich of Barnwell move. to amend by making the term of the State officers four years instead of t wo, as proposed by the committee. He made a strong speech in favor of his amendment. He argued that his amendment only followed the un written law of t wo termg -f two years each for governor aitsaved the peo pie the expense and'disturbance of -spi many elections. He said the cost of a canvass to the pep.in lost time and entertainment o adtes, etc., was more than the Sta county taxes. and cited the dse of afarmer in Bar'n well who, whfle~ buying. corn on cred it, had kept six candidates and th dir horses day and night. The chairman, Mr. Efird, of the committee which reported the section opposed the amendment and argued that the people should have frequent opportunities to pass on the record of their officers, and receive reports 01 th6od duot of their a4d ., Mr.-Lownan of OrbU' L]hough that.we would have le ai'd mor< business like adniinistrdatlons witi longer terms. Mr. Johnstone of Newberrv said i AldrieWs amenduent vas adopted li would supplement it -with agotht making the governor ineligibv foi re-election, le believed tha; the gov ernor-with four - ears in odice and nc .re-eleticon to sefieme for xonld give better. faii-. agdpiore conscientious administrationi Mr. 4White sai that. tie people desired fNquent elections as Tiey are coylpelled.tQ elect members of con gres.<iggy two years anvfiow, anc nothing would -be saved- by the .ra posed amendment.- -, . Ex-Governor Sheppard opposed the amendment -.bn-~the ground that it wouM pnit office holders too far be yond the reach of ~the people. It would be easier to re-eles-t a good gov eritor for two years than to. be rid'of ai dcompetent one elected for a four yeaVs term. -1n replVingh- toAldrich, who had said th4t- orrp bezura by Tillman: fai tf he had been rt'rieeut-afirst aftdr twc jiars, Sheppard Vas nonientarily em bi-rassed, but .gnt.over the point neatly by saving that the pepple -had been made to biliefe" tlie ect:terr *,s necessary, for the accomplish .*nent of reforms and had given it to B.XR. Tillman.,, "I am o.pposed to the amendment." Continuing, hei said, that the dissatisfacion 'among the peoplQ which led to ieolution of .%,-h been u&-. icaj stagnationr'esu ' the conven tion system. He ulieved that a four years terms wiuld'bring stagnation again. Agitation of thought and en dightened -public disspssiow- of afairs of State were the best educators of the people. Long terms would bring leth argy, stagnation, ignor-ahcbd indif ference and first thing we knew every one would be so sound asleep that, "Those fellows might steal the whole business before we knew it." The people liked to see their offi cials. and bear them talk and discuss issues and affairs. Long terms would bring- about another revoluion, He knew by experience that it was, goo for a governor that he should be wat-hed and .criticized and followed up, and should know he would have to give an account at the,exW-.oftVo years. It kept him active and on the alert. The legislative committee had repevide for a four, -ars te m for the legislature. The. go rnor-.could do nothing unless he had the,ligisfiture in sympathy with him. It would be better to elect.a governor in accord ki'th te'legislature than to elect a governor and a legislature not in ac cord with him. Senator .illman hoped everyone who had- thought of the matterLortU express himself. It was conceded, he urged, that prior to 1890, politics were idagnant in South Carolina. The con vention system had brought about stagnation, and that, say what ypu would, was the cause of the unrest and consequent revolution. He said-that nothing could be healthie'r than pub lic agitation and that-the pegple want ed it, were going to have it and tha theyi did mot-w$nMt -to return, to-the lethargic condition that existed prior to the revolution whiah brought about the political stagnatipn of that time. The people wanecd~'ight anid discus sion of public issues, and he did not, for one, think that there was any ob. jection on the part of the people to en tertain or to hear candidates. He said that. if the pepple gted to restrict tjeir liberties and theik' rights that they mpight adopt this four year term, and that it would not be long befor.e the people, wguld again, be , so dad asleep "that those fellows miight stal the whole thing and we not know an'y -i g about it," and it wouldl take ai ' her.. revoluition - tomo'ielthrorw thi's: He said~ tiatlhe'was ~bitterly opposed to.any~ction that would tend to begetindiaeience oibtepart of the people and that to make the terms of the members of the Legislature or of the Governor four yearswould be a gratinistake.. lie said'-that if a~Govs er'fr 'wer-2 ssind''discusset aiid damned it would put him on the alert to pleas and do his dut y, but if he knew that all he had to do was to hold his job without any hope of re-election it-would b-e vegdf~eeg e 4hen took up the question of Legislativ'e and Executive co-operation, and with a good deal of force argued that a Governor who had a legislature that was not in sympathy withhim was in a very bad'fix, and-vii-tually had'his handsbound. Mt.RTenderson cps for the yea ahnd nay vote upon this question, which-re sulted as follows Yeas, for Four Years-Airicn, Al exander, Ashe. Atkinsonu. Austin, Bar ton, Bates, Bellinger, Bowen, Bow man,-Bu~ist, pyrnd, Qonnxor, Derhamn, Doyle, Dudlev, Estriage, W. .~Evaris, Farrow, Field, Fitcll, Floyd, Gage! J. L. Glenn, Gunter, Liamel, D) S. Hten,~ dersed, Houser, -Gorg~ea J.ohrtstone,. McIermotte, .McGowan, Patterson, Pattoni, T~ertte, TPrinee; J. H Read; Rogers, Shtiler, --Jeremiah Smith; Smoak,ott;- Stackhouse,-Sumlvan, Tayomr4. B. Tillman, A.--H. W-hite, Woodward -47.. . ... -., Nays,. fo; T wo Tears---Andeyrson, Barry, Behxe Br an, Burn, C'antey, Dent, Douglass, Efird, J. G. 'Eriif Fraser, Garris, Gary, Gooding, Graley Haison,.Haynsworth; Wik liam Henderson, Henry. Hodges, T. E."3'olinstone, -Wilie' Jones, E- -J. Kennedy, J.-W.'Knnedy, Lee: Low man, McCaslan, McKagen, McMahan, J. D, to~n gro.ery, .Moore, Mower, Nathans, O4'ver, 0.tts, Parler, Red ean, J. R.'Reied, 'Rosborough, Row land. Sheppar-d, -~Sir~gletary,4 S-loan,. Smas~- . J: Smiths,W.. C. -Smith, Talbert; B. R.-1'lmam,-- Von- Kolnitz, Waters, Whipper, Stanyarne Wilson, Winkler-6-. .. - After thtfspeseti d Senatbr Tilllaran-, couped..with the .recomnefido'n of~ the committee'idra two-year termi, the result was expectsd., It will be noted tha zoost ofthe. Charleston and Righ landlegates votad fog the tiwo-year terms fatlhe.Governor. . - , THE EXECUTIVE POWER. - Several sections were then adopted without debate. Mr. George Johnstone asked if the words used~in Sec i 9 made the zrere impeachment of a . te ofiiger a cause of .permanent removal from chlice, that a convictidh under the''im-pa'ch ment was necessary -fM emtm-e foElh-d claimed that the woi-d impachmen" as used in that'section mgnt judlgment under imndachment an'thi it was not~pgay change the phraseolory. Mr C. .1. C. Hutson offt red an atnen inent to Mr. Johnstoiie's atndntrnl so as to claiify the meariingqfgthese tion. Mr. JohnstonQsked that the sep'io be passed o'-er f6 a time. The reque was granted. Sectlion 10 p;ised without Cor - ment. - -.- - Mr.- R3Lers?Xposd to amend Se tion11 so as to require the.Govern< tolhave a recomimendaltion from a m: jorityof the ilembers o the board < pard5ns before hE could grant a. pa don. Mr. Efird opposed the pyotion an took the position tliat the Goveri should be able to act independently c tb.e;inmendation of the board < jgasons.- That the board of fardor [was only intendedi to relieve the Go, ernor of onerous'duties ir-drdinar cases, but in extradrdinary casesth governor should be allowed to 9t he saw fit. Mr. Ragsdale -supported Mr. Efir in a vigorous speech. Mr. George Johnastone offered th corresponding cla'e in the preser LConstitution as a substitute for th -: hole section. He said that ifhe Governor was responsible fpr all pa: dons he should not'be ctmbered wit a board of pardons.' on whose recon mendations he could act or not ai I chose. Mr. Eird opposed Mr. Johnstone motion. He.caUl&especial attentio to the fact that the section require the tegislAture to provide for proceet ings under-Mii the board of par.pn should act ~ .he had in mind aspe cies of tris.4d-be had. That th present Cnstittiton provided for n such proceeding and that, as pardon were now issuea, more men were par doned because the Governor did no have sufficientinformation. .y Mr. B. R. Tillman, speaking fron experiences said that the matter o granting pardons had giviti him mor trouble than any other matter durin his Gubernatorial admimstrations and that he had no hesitation in say ing that the board of pardons wouli be of great relief to t e Governor, an( he hoped the section would beadopt ed unchange Mr. S& ep&rd agreed-fifify with Mr Tillman, and said that the power t< pardon should be taken away entire; or he should be given some assistano in getting correct information upoi eery petition for pardon presented tX him. He moved to indefinitely post pone the whole amendment. -Mr.. Joh tone-i sart If his aso tiou said ,not'A desire th Governor to be relieved of any respon sibilitv in the matter of executing th( laws in mercy. That he did not favo the formation of a system which woul< give'those who opposed the granting of a pardon an opportunity to becom< .seekers after V eance. . .Uponth'e ' n of the indefiii postponinent of Mr. Johnstone's mo tion being put the motion was indefi littely postponed. Mr. Rodgers' ma tion was laid on the table. ,-.The question was- then on the adop tion of the section. Mr. Sheppard moved to amend b3 making .the Attorney General a mem ber, pf the board of pardons, instead 0 tfre Comptroller General. The-motior ga lost. ' . Mr. Smith, of Horry, sent up a sub stitute, leaving the matter of the for mation of the board of pardons to the General Assembly. At this point the discussion was ad journed for the day. Whinfte~Convention, yesterday resumed the consideration of the arti cle on.the executive department, ,h pendixg question was-on the amen merit tsered by Mr. Derhamn, 'as "fol lows, thie puirport 'of which 'was t< leaves the zaake-up of the propose< board6f'pardons, and its powers t< the action of the General Assembly. Mr. Derham, in suipporting 'h am'ien-am~nt; said there seeg an a'liu'ption that the Gofernori worked to death while. the other Stat< officers lad nothing-t6 ao, anW shouk therefore be required to help him it his work. g, a matter of fact, the t~esc rare harrassed to deathb ghir rihbership on boards. ;li bers'sh id remember that the actioz taken here would be final. If th< General Asseinbly, in~ade a mistake ir composing the board'iteouklbeeaill corrected. If experiments were to bE tried., they'. sholdnot be put in h Constitution. Mr. W. J. Montgomery offered: substitute that the board of director: of the-State penitentiary constitute. th< board ..of.-pardons,. and .proceed t< speak iai its favor. Mr. B. R. Tillmnan said the mattel of pardons affected&.men whose live: ai-e at stake and whose cases the boar< would frequently be unable to consid er in time without special meetings Mr. Montgomery withdrew his substi tute. Mr. Derham's amendment was ther ~adopteQ,.without de.bate, leaving the section as follows: "Sec. 11. He shill have powet- t< g~ranb weprieves, commutations an< pardons -. after convictions .(ece g cases of impeachment). in suc11 nmn ner, on such terms and ufider sudfi e strictie-ns . asthe shal~think ~;prop'e. and he shallhave power to remit fine: ind~dfettdres,'- urdless olier di acted -b"ft. - Ihshal! bkistut~t ipepaie.eGeneral Assembly; at thi nex egular session thereafter.pi p agr-anted by him. witht4g4re p teboard of pardon.E ^ peti 01'oi- pardori or co'mffifatiouc sent~h'5e shall be firt rnfei-red byT to iboard of ~ rhit be'ro' i1# by tie-all Assedibly whic sha Jea- llpetitionis, u U rule5~ and rogulations as the -Assembly may prpr~ide.. -or'rmay. adopt die mzs.., of ssid-bog'd,..blit ipases he does rno he *j~ 'siiihis reasons therefor < the General Assembly.". . Mr. Derham moved to strike out thE last-aentence.-of the- section, the effede p f which would be, he said, to mal! heraction of the board of pardenit final. Mr. Meares offered the following a, a substitute: ---- ' "e- shall have..power - to grat-se priyies, commutations and pardonstaf 2ler cpnviction (except in cases of ip prionmnent) in such manner, on ~c -terf~is and under snch restrictioa theGeneral Assembly shall pres~ and.he shall ha've power to remit ie by ..oretures unless. otherwise di .ree ylaw. It shall'be his du t<~ report to the General Assembly, a the~next regular session theriafter, al ardons granted,with a full sta'temen of each case and the reasons movin~ thereuitler." Th-is. proposition was defeated by: lar majority. ~ Mr. De~iain's proposition to ma 'the~action of the boai-d of pardons fi 1- i Sec. 12. 'He shalltake care that the t t. laws be ful y executed inic., wa' c< adopted. To Section 13, prQviding that-. ihe ta n governor and lieutenant governor ai t shi have a compensation for their m services, Mr. T. L. Rogersproposed an th i- amendment fixing the governor's sal- Al ary at $3,000 and the lieutenant gov nor's a~t $500 a year. He said person- ti ,r -ally he favored a salary of $4,000 a cc L- year for -the governor. Others he cc f knew thought the pay should be less cc - and ho had tried to strike a happy me- th dium. - w d The, amendment was summarily te r killed and the salaries are left to be b If Wfied 6y-tbie General Assembly. -of f Sec.11r requiring o-ficers to submit th S :1formation- to the governor was V adpptd wih a typographical amend- ui 7 iiient guggested by Mr. B. . Tillman. - e ,ections':15, 16, ..17, 18,..19 and 20 bi s were 4dopted without a hitch. .. . . Mr. R, R. Tillman moved to amend 1 section. -21, which provides that the 10 goverioi shall reside at the capital e exceptiduring sittings- of the General to N Assembly when he shall reside where de e itsits, "except in case of contagion." al e Mr. B R. Tillman moved to strike out re this last clause, saying that if the i Gener.l Assembly could face conta gionthe governor ought to.be required M Sto do it. - .dir. Zfird explained that the sent s ence 'was not intended to allow the 1 goveruor to run away and leave the Jc i General' Assembly to face contagion; ex Mllr.iTillman apgrily replied that it co s. did meaii that very thing if he under- co - food -the: English language. At his hi a suggestion the sentence was shoved y up into the first line to make sense. ad s GOVERNo1tS POWER.OF REMOVAL - When Section 22 was reached Mr. t Efird moved to.take up the minority . report, which was as follows: ini I "We fully concur in the report of fei f the committee so far as it goes, but a think the committee has acted unwise- tie ' ly in declining to report the following in section and recommend th't -it be in- ev -6rporated in the report as section 22. tic I "Sec. 22. The gdvernbr sitilalhave de6 I the rightto investigate, or to order an lo< - investigatifi of'14mbezzleinnts or H appropriations of public funds to pri- ed vate use by any county officer entrust- co ed with the care and disbursement - thereof; and in case of a prima faoie -fo] showing of emhezzlement, or appro priation6 of fu'nds.. to private .use,.fie tie may suspeiffsudh officer pending>a p judicial investigation, and appoint wi some suitable person to perform the ab -.' of such officer during such ia- th. . xpial investigation, and in case of be onvictio'n - such appointment shagu - continue for the unexpired term. - Respectfully submitted in "C. M. Efird, M1 L. S. Connor, tic J. "L. Estridge, pr J. T'Spuglass." th4 - Mr. Gary moved to liy the minor- to ity report on the table: - I - This matter occasioned a prolonged M - debate. The chief point of difference an amoxig the members who spoke.was as tho to the grounds-the information-on eli which the governor should have the ge powdr to remove an official alleged to nu be a! defaulter. It was thought by g9 some'that such a power should be lim- -foi ited-4nd guarded-- that care should be sy Jake* against anything like hasty or wk oppressive actiont oil the governor s ok part.' ed Mr. Havnsworth oliered the follo*- ha ing :amendment to the section -as a abov~egvn "nincase of his being held by mi the committing oflicer to answer the a~ -charge before a cour t authorized to try the samer the governor may, upon the sta recomimendation of the judg' of the m~ circdlit~where the officer resides,. sus- be; pend such ofiicei- pending a jnidial frc investigation. and appoint some-suita- 1Pf ble eerson to perform the duties of mi such'offiter during such judicial inves- coi 3i'(ation, and in case'of conviction such f ppointment shall continue for the As 'unexpired term." ce~ Senator Tillman offered the follow- coJ ing amendments: bf "Amend by adding at thme-end: "All do paers in the case upon which action jbased'shall be sent .immediately At he solioitor of the circuit,who shall a tihe next-term of court for said str county prosecute the otfender." mi Amend by mnserting on line-8-,-affer the 'funds. the words, or 'money held in fib trust."' - - t Senator Tillman said the last amend- mi merit was necessary because j'udges of no probate and masters often had in their (~ hands 'private funds-the -little ails, tnietiwies, of widows and orphans' th4 "Uiless you are so biased by partisan th~ anbor that you can see nothing but oui ~pportunities for political advantages" he said passionately, "I do not see how tli ou can object to the~ sectior with th4 'these amendments." STo 'this time the puiesident had held ll that t'he minority report could not 6e - ilmen'ed~until after it had b~een adopt- ze d, but Mr. Sheppard argued . that as the report was not offered as a'.rullsti ad' ute for a majority report, but. was - mply an additional-sectioin proposed, -' it was capable of amendment. The Th hair concurred in this view, and Mr. of ohnstond iiniediately submitted the tex T ollowing amendment to *.Mr.. Hayns- - v ortir's amendment: - . ;m "Whenever a billof indictment by . Sgrand jury shall' have been found ti f agai-nst any county o~lider entrusted M i with the care and disbursement of ~ pubIic funds, '-caiging' himn \ith the atc .jrmbezzlement of said fnnds or appro- V priation-.of -them to .private .use' the.M governorfia ns uspend the said-'othicer to, md shaIkappoint some,. suitable;-pear- w I son to pernform . the duties of~such..of- S. Bol'M.johnstone' -and Mir. -O C f~ayhsworthi's amendmenits Weed'1110 ~d. -~ - -:- -Cc -Mr. Glaze offered the follow'ing as a sex substitute fo- section 22 as reported by the the minority of the committee: . "Whenever it shall bebrought to in the notice of the governor, by aflidlavit, th' that any county oilic'er. -or any other the officer who has the custody of public < or trust funds is probably guilty of o embezzlement or the appropriation of P public or trust funds to private use. ge na mediate presentation of such officer by ye -the proper otlicer of the circuit . in'r -whidh he resides and upon true bill t . being found the governor shall sus- r pend such officer and appoint one in thi his stead until he shall have been ac- of quitted by a verdict of the jury ." th' As~soon as this--was read heads nod ded all over the hall and there was a general ex pression of concurrence. ] The .substitute was put to the house Bl and -4opted like a flash after having In been read half a dozen times for. the Da enlighten'ment of members who were Cr inattentive or who were prevented by Cr -the prevalent confusion from hearing. mi :It being then three o'clock, Senator tri' -Tillinan, who had.- expressed his satis- th e section be"-passed over- until- -it uld be printed. Mr. Talbert moved to lay this on the ble,. complaining of waste of* tinie Ld slow ~pgress and- Senator Till answithdrew hi motion, remarking athe didn't want to have any row3 d6iif it.. Mr. Efird renewed the motion to pass e section'- over until today, when it uld be -seen in print and members uld understand it better than they uld'by -hearing -it read. He warned e conve ntion that the sections it as passin'g would have to undergo the 5t of the courts and that there would found' rock affer roek in the way the eniforcement ot thie 'hws unless e utmost pains were fiken. Te eqn ntion vQted to con'tine .1tie'se'tid itil-today.' ..' . . Mr, Talbert-moved. to-;take a recess Lt -was vAted. down almost unani ously. .:. -. The Convention then adjourned till dclock this morning. U'ppn ieassembling the Convention Akrp the article on the- -executive partment, and withthe amendments ready Aote'd, pased it to a third iding. -. RESOIUTIOVN OF SYMPATHY. Just beformadjournment yesterdayg, r. Breazealesent to the. clerk's desk d had read a--series oferesolutions :ressing the ~ynipath of 4he con ntion with! Vir Presiden*- Ira B. nes at the 'death 6f his daughter; pressing the earnest-hope for the re very 6f his: wife, and- delai-ing the avention's deep regret at the loss of .wise counsel and earnest labor. 'hese Fesblutions were'nnanimously optep y a unairos,.voje. b AL.o IN COMMITTEE. )riTeye ,orning Mr. tts, ris to a qu u f high priv e&e; of -ed the foll ing: - 'Whereas, the committ6evdf-uif s and'doihlity-goverinment has been :reasedi.ro in 1-fo 1-2 members-an mmnumbefby.order of tflis'conven n, wtich has; frequently 6uged aY t 1dldk'7nd'no w i d6'a''pti nfitdeaa-' C k; therefor, bb'il resonedthat the 1 mn. 5. W. Io of Kgrhiw -iddex to ge.c gttee. 6nh6iitibes. and eIn t." ZVr. .Genville offered the I owl itute: -' - Wh ,* e-idoimittee on coun- f s and. edunty..government is com- I ied of twelve members,and whereas t Lh this number the committee is un-. e to~~~* ' d're. be it resolved, t ti p~res eof this convention autijorized to 'ada one additional 1 ber to saUcommittee. fr. ustin said'he was entirely will- t to leave .the selection of the. oad t Xn to the ,hai~pan of the con.ven- I n. He thought it preposterous and < !sumptuous for a member of one of c two sides in the committee to try f namb'-the odd man. deo -e D. Tillman moved -to table . Ati's 'substitute and gravely i thetically gave an accouptt'of situation in his comniittee, Which t it~d rrm of laughter.~ He sug ted thif thirteeff is an unlucky mbser. - The committee- had been; g4 opssothly withs' 'membeis ,gewcewatjes and'fivefor'the old tein:of monopoly in court houses en: this newcomer, who.. favors the t county system, came in and creat a, deadlock in which the committee f I cbntinued ever since. If the de A nn the report was half as exciting 'cel and bitter, as, it had been in comn ttee 16 could promise that it will be .ery interesting occasion. Lhe -ohaiir asked leave to' make a terherit. The name of the gentle-t .n watas made the twelfth mem - of the~couyni~e had been-,omitted up the comiittees.' Whien tfe tk-wasdisfovered, as a matter of-, irte's~'y~th6 gentleian he was al red to select his own commuittee. he chose that on counties it was..ne sary to.~obtain pemnission from the iventionto add onie to the number that: comntnifee, -which had bei d Jr. Pridae of -Anderson favored Mr. stin's substitute.-~ acting the two halves of the ddm- 1 ttee to make two~ reporfts and allow ciuestion to b~TdudhiT ut~on the >rofthe rconventioni.. - --t mr.George.D. Tillman said the cor-. ttee..could not agree on.aniy-thing,. .f even on its pointsof disagrament, ir. Otts proposed~ fhat each hialfof comnmittee..put ..up a- man, and let convention .elect one of~them to fill the.committee.. . Ir. Stanyarne -Wilson objectedbto s on the ground that it would force convention-vt$'ateste vote before it sinf.rmiek of thes merits of the ques- ~ Ir. Otts moved to table Mr. Brea- c le's suibstitte. - Tsost. .-: tr: Bi-eazde's snbstitute was then >pted;:~: . - giltfbp'tnn was talien n . ere was no debate until the motion' Mr. Slighpf;'em~berryto mate.thie m of pnators and Representatives > years isteafof four. The amnend ['e comnittee 'had reported a sec a gi'ring each -county one Senatov. jorBarker&f Charleston moved to end-by giving EChaiqeston -twe~$em rs. Motion to table was ratiily ' sed, but, on 'a rernorstra~e from ~ jor Barkerf Setor Tillinaiinoved rdoizider. - ->- -.& 1 ajor -Barker a'rocated the motin,' ils.~ Snator-- Tilman. . and '-Mr. gh-opposed t.~ -It -*as deffeated byga :eofl10 to 24. Yhen the 6th Section was..reached, 1. Aldrich moved to ame. - by in- ~ ting, a provision that none but ~ ~ite persons should be members of ~ Legislature. Jol. Aldrich* su'pported. his motion ~ a strong argumient, going to show t his proposition. would not violate t Federal Constitution. ~enator Tilinan replied, taking the. osite position, and urging the dan- C 's that would attend any such ordi- ~ ice. He moved to tab~le the amend nt. This was adopted by a vote of ~ to 25. The Convention then adjourned till C aorrow morning. he committee on corporations, 'ough its chairiian, Mr. Beliinger, ~ Barnwell, reported :an article on t subject. The Gang wuil Haug. PoRT SMnTh,. Ark., Sept. 24.-The s eck gang, composed of Rufus Buck, a hin, Lucy Davis, a negro; Lewis c vis, Sam Simpson and Maomi Juty, E sek Indians, who operated in thei sek nation and of whose crime is rder was the least brutal, weret ~dyesterday. The jury was out only 1 'ee 'minutes and returned a verdict r OUR CITES AND TOVNS. HOW THEY ARE TO BE ORGANIZED AND REGULAT-.D. AnIrmited apd Interesting Debate on this Important.3latter in.the Constit.ntional Convention.--Smvn New Provislons. COLUMBIA, Sept. 27.-Special: One of the most interegting. debates yet heard in the Constitutional Conven' vention began on Wednesdav-morn, ing. It was called forth in the ccn sideration of the proposed article on municipal -corporitions and police regulations. - This article. 1seals. with the powers, dities and responsibilities >f. cities and towns - The- ordihary ilwson the subject are generally un iersided, and these were accejited -by the.cnvei on with but immaterial alteat;'ons. It was chiefly in new eatures that the article called forth liscussion. The first sectioii;of. .this yrdinance read.as follows; 'The Legislature shall -provide by ,eneral laws-for the-organization and -lassifi-cation of - municipal corpora ions.. The powers of each class shall :e defiuedsby,general laws, so that. no uch corpdratioi shall have any power )r be s-.ibject to any restrictions other hanll corporations of the same class. Jities and to'wns now existing..under ;pecial charters may.. .aandofi'the ame and reorganize under-the general aws of the.State." Mr. Barker, of ClaE'16thn,. moved Q amend by striking out after' the 6rd's "charters may" the words 'a6idon the same and reorganize inder the general laws of the State," Lnd substitute the follojving words: "May reorganize under the general aws of the State and when so orga iize-their 'special chariters sheil cease' uneteruae. - Mr. Barker,explained that this. mendment was-intendedito provide er preventing the possiblezhiatus be ween the surrendering of the special harte rs and the reorganization under he general laws. The amendment was Albpted. The third section wag adopted as the edoi' had been, withoup pposition, liE two. being as follows: - Sec.12 .No city-or town.shall be or puus'de .vithout the consent of the S -it of Mectors residing and en itIe. Aydw to vote within the dis ri. proposed to be incorporated; such onsent to be ascertained in the man er and under such regulations as may e prescribed by law. Soc. 3. The.Legislature shall restrict he powers of cities and towns to levy axes and assessments to: borrow oney or to contract debts; and no-tax r assessment shall be levied or debt ontracted except in pursuance of. law or public purposes sp.cifid'-'by.livtY RIGHTS OF-RAILROADS.: Sition 4 readthis way as rejported yle'Eomvamftee: ec.: 4. No.law shall be passed by he general assembly granting the ight to construct and operate a street r,other railway, telegraph, telephone r electric plant or to erect water.: or, ,as works for public-.uses and4-l nains for'any purpose, withoutoffirst >btaiiing the consent of the-local au horities incontrol of the streets or ublic places proposed to be occupied or any such or like purpose. Mr. Stanyarne Wilson moved to trike out.:for.other," so as to exem'gt ailways from the power given by the ection to municiparlities. Adopted - Mr. Patton moved to reconsider the 'ote on this motion. This was agreed o, and there was further discussion >articipated in by Messrs.' Patton. ooper. Wilson ahd Meare,. Mr. Barker suggested aud'o6ffered an .indent requiring the grantee of. unh right to obtain prexiously the onsent of the town or city interested. is was generally accepted and was SIj atsonmoved to indeff'nitel Istpdii~e'tia~elii-e sitioip.Lost The etioni as ~m~iegge Witerfdpt. -TAXES FoIR IdPRovE.MFnTf. Mr. John'T. Sloan moved to-strike ut Sectiori 5- .. . . - 'Tlie.geneyal.assemil.ly may est tei ower to maike lolirh..ppeinnts., pecial assessments or by spec~al tai ion of. property benelittezd. The section was struck out on di on, 61 to 16i -- -~ WA TEP:AND -LIGHTh. Mr. - Hayins worth mo~ ed .to ~tiik >ut section 6, reading thus: -'.4 '"Cities and. towns. may. acquire by onstruction or pu-rehase and may op rate water-works systems and plants 6ffurnishing lights, and may furnish rater.afad'lights-to-individuals, firnis rd priva-le cor.idistioiis~ for. reasona le compensation."- 7 Mr. Haynsworth motion to str~ike t was defeated. Mtr. G. G. --Wells offered an amend aent providing that~no such enterprise ieundertake-n by 'a-munioipal corpo ation 6t'cept by vote- of the majority if-the electors qualified to vote on the reationdof a bondes. dlebt.:.- Mr. Wells poke. strongly in suppor't *of his mendm~ent. This'Enien'dment was adopted and h~e sec'tidri; as 'thus amnended, tras assed: - -.TRIAL BY .ICRY. -ections '-was thenzgtaken up. On ation of Mr. Ibinee'i& was amended o as torerdi - "'Whenever' any municipal court i.s uthorrted and ernpowered -to puinish ~iolators of city or tdiwri ordi4aties a term of imprisonment. it shall be it said imprisonment hard labor tponethe streets -or .public '\voks--of. aid city or town, to'performied uin er such-suaperivision and regula.tion s may.be~prescribed )gQsoglice." .' Mr. George.. Johnstoneg : moved to mend 'by. aiilig' after- the 90 'court"' e'here -it" o-curs the seconid ime the wo6rds "providled that'trialhas een had by-jury.L. -: -- -- The'corwention 'oted.- 85 --to 4S; -on all of ayefand noesto tablealr.- Jo'ii tone's amendment. Mr. Aldri5h'otfeied an anieidment hat th'e acensed in'all' cases -:should tave ~the right'~of. appeal to the-'cir'edit ourt for triial di'nov'o. ~ The matter was further disc'ussed b~ iessrs. Rodgers. Bellinger, B3urn and Ienderson.. . Mr. Aldrich'.samendment wastVotcd own. Mr. Jeremiah Smith offered4: an mendment ..that noQ person -shal' be entenced to work1on-thze streetsmintil fter the right to deman~d trial by-ju-r' fat least six. The amendment of Mr. Imith was ad6pted bg- ari o(er wlehin ng majority. - - .. Mr.- Hutson offered- a substitute in endedto s.to4 the gengral asermb y under-.,fundlanental..liruitatio.ns the egulation of thie scope of mtmicipal - is now, lie explained, the right of ap ieal is fixed. onlyf -by charter and ii towns less than 1,000 peoplez there i no such right. The Constitution; hi contended, should iiot fix punishaments Pending this motion the Convention adjourned. .- Yesterday the consideration of th<1 lisubject was resumed. M1r. D. S. Henderson.introduced th< foilowing substitute for section 7: -The General Assembly shall pro vide a uriifdim svstem for trials iu the municipal courts of the cities anc towmIs of this State .and for appeal from the.. judgments thereof. Said courts shal. have power to impose fines not exceeding $00. or imprison ment. and may c6uple with the im prisonment ha'rd Tabor on *the streets -or public works of the city and town. The trial by a jury of six. if demanded b'v the accused, shall be allowed in such manner and on such termsas the Gen eral Assemnbly shall prescribe. This was ordered to be.prnted and fo.*ie oVr..fyuture..consideration. - TA.ENSAND ASSESSMENTS. Section 8 of the article on municipal corpora:ions was then taken up. As amended and-adopted it reads thus: "Sec. 8. The corporate authorities of duties and towns in this State shall be vested with power to assess and collect taxes for corporate purposes, said taxes to be uniform in respect to per sons~and property within the-jurisdic tioni-of th? body com'posing'i'lie same; and all p-roperty, except such as is ex empt by law, within the limits of cities and towns shall be taxed for the pay ient of.-debts contracted under- au th6rity'ofafj. License, r, privileged taxes imposed s'all bg rduated so as to secure a just iniposition of such tax upon the classes subject thereto." There was quite a debate over the motion of Mr. Bellinger to authorize nd require unicipalities to tax the .cgita.lstock of banks and other corpor rations.-TIh-e inotion1wastabled. 3UNICIPAL INDEBTEDNEsS. Section 9, as reported by the com nitteelimited the bonded indebtedness of eaO Mun'nicipality to ten per cent. of all the taxabre property. On motion of Gen. Gray, the-^-limitf was put at eight per cent., with the proviso that for temporary purposes there may be sned r'eenub bonds or.certificates of indebtedness,"' with 'tlie reuirerment that such scrip shall be taken dp'as soon as practicable. Major Barker offered a substitute whleh. was. ordered to be printed, and to lie over for, consideration today. EXEMPTIONS. Section 10 of tile ordinance read as follows: "That cities and towns may exemnt from taxMion, except for school pur poses, foi- fie successive years manu factories established within their limits after the adoption of this Constitutioii, whose.patd up capital is.b afe.tha Mr. Stanvarne Wilson'mbved to. strike out this section entirely. He urged that the'exemption dil no real good, and that it was an unjust dis crimination in favor of a certain class of business men. - MIzurther remarks were made by ,fessrs.- Hendersm, Patton. Hayps 'worth, Sheppard, Slban, Buist. Burn and'Timmerman in favor of the e emption, and by Messrs. W. D. Evans, Clayton, Efird'and Talbert in opposi tion. Pending- furthei "de~ate the Convention took a .recess till 8, p. m. Last night after some preliminary business the Convention, resumed the discussion... M4. Floyd'offd~ed .the fol lowin~g ajnendmenit: -- *"Provided that before any such ex emp tion is-allowed by any city or tow?n ini this State it-.shal-be submitted to a vote of 'the people of said city or towno for their endorsement or' rejec~ tion. After some further debate the sec ti-on; .as thus amended, was adopted .by.a vote of 80 to 65. .~section 112"givingto~wns an'd cities general authority to "protect the lives Jiberty, health and prpertvy'of thjecit 'z~?s" wasst..icken outs uninecessary. jSeti 12....was paiised..-.lt 'forbids th'e introdue4i.on . .of. ainy armed foice into .the;. State, except "on tieiquestaof-the Executive." tie n''3ection consideng.~wasthe -folot : ..is. . . "IS 1 eercseofthe police 'power the geneial assembly shall have the rigwht to prohibit the manufacture and sale and retail of intoxicating liquors ;orebeverages within the State. The generial. assembly- may license persons or corpo~ations to mnanufacture and sell and retail intoxicating liquors or bev erages within the Stateinder such 'rules and-restrictions as it deems pro per: or the general assembly may pro 1)ibit the manufacture. and sale and 5:etail of intoxicating'liquors and bev erages within the State and may au thorize and empower the State and county otlcers, both or either, under the authority and in the name of the State, .to buy-in. any ma rket-and retail within the State liquors and bev'erages in such packages and quantities, under such rules and regulations, as it deems .expedient." Mr. Clayton of Florence offeredl the following substitute: "In. the exercise of the police power, ti..e general assembly shall have no au thority t'o license the sale of intoxicat ing liquors or beverages by persons or corporations within this State. -The general assembly may proh-ibit the manufae$ure and sale of intoxicating niiquor., and beverages, within tly State, oj may authiaiize and empower State and county. oflicers, both or- eit~her, un der the afttoi-ity and in the name of the S'tate to buy in any nmatket and tell and iretail within -the State intoxi. eating liquors and beverages, and unt -der such rules and r-egulations as it .deems exp~edient." .This provided considerable discus: on,which was participafed in by Messrs."Doyle, T~elli'nger-, Clayton. Senatoi. TiLinianamd other.s, when fur-. thier debge 'on the section was post -poned udil Piiday. lImmediately af ter the preliminaries 'this miorning the Convention irecurred. to the discussion of the dispensary- fea ture proposed. to be put in the Con .sjitution.- The pending question~vwas on the amnendmnen: proposed by Mr. Clavin 'of Florence. Mtr. Sheppard opened tlie ight by moving to indelnitb&y postpono the ~amendenlt wi chi1 inI elfct prohibits 'the LegisLdture f rom ice'nsing the sale of intoxicatog hiquors or beverages by persons, or corporationis within this State, butg~iwg to the Legislature tihe right to authoize tle State and coiuity oileers, in the; name of- the State.~to buy and seIl. within tihe State sm-h littuors, unde~r rules and regula tionls to be pifovided by Ilie Legisla ture. After consideraole discussion by various members Senator Ti lhnan got "This discussion has developed some thoughts that I shall lay before you. Being responsible in a large measure for the dispensary law, and believe it to be the best solution of the wvhiskey traffic, I have advocated it hare and abroad. The idea has e abroad that this convention wod settle the constitutionality of the dis pensary law, but would go no further. I favor and will aid in engrafting any article that will forever prohibit sa loons from opening in South Carolina but do not let us tie our hands by this measure, which a change of sentiment may prove to be unwise or which an averse-decision of the courts may show to be suicidal. I am forever opposed to the open, licensed bar-room, but the pe6ple can not afford to support a constabulary to enfoice prohibition, and should the Supreme Court decide a us, we would be forced to proh bition, and prohibition without the police force and the money to enforce it would be free whiskey practically. Much has been said about here farmer lawyers, so I move that this debate be adjourned till tomorrow to allow us farmer law yers and the legal lawyers to get to gether and see if we cannot formulate a section that will- forever close the bar-rooms in this State to.individual license, but at the same time not force a possible alternativeof prohibition or free whiskey. At 2:15 the Convention receded from-business till 8p. in., first adopt ing Senator Tillman's motion. RESIGNAtfNO ACCEPTED. Professor Williams Welch No Longer Con nected With Clemson. COLMILA, S. C., Sept. 27.-The board of trustees of Clemson College concluded their meeting early yester day' morning, and the members re turned to their homes on the morn ing trains. All of the members were present except Nessrs. Stackhouse and Noris. The main object of the meet ing was to hear.the report of the in vestigating committee. The resigna tion of Williams Welch was accepted. The report which the committee sub mitted was not given out for publica tion. Th.e boardawasasked if they had anything to giye. out in-reference to the work of the committee.' . "Yes," was the reply, "we wish to say in the first place that under the circumstances it was unfortunate that the word "investigation" was used, for the committee really was appointed more for the purpose of inspeition in order tc satisfy the board that the de partments were working together har moniously. It. will be remembered .that the committee was appointed prior to the appearance of certain newspaper criticisms. While the com mittee: was not. charged with that w6rk, it did' giie especial investigation to the departments criticised, namely, agriculture and mechanics. They found that while much-remains to be done -before they are completely equipped and developed they are pro gressing in such way as to meet all reasonable expectations. We are glad to. state further that most of the re commendations of the committee were adopted- by the board of trustees. That the various departments and branches thereof are now so arranged and co ordinated as to insure, we believe, good andetlicient wor.k in the future. The college has been put into five na tural divisions, and the head of each charsged with. and made responsible for the proper, conduct of. his denart men. And the President chargedand held responsible for the suoervision and management of the whol'e." - '"Have any changes been made in the faculty ?" " Yes, M~r. Williams Welch. the in structoir of drawing, tendered his resig nation, which was accepted." .'"s there foundlation of the rumor that there is discord among the fac ulty ?" was asked. "There has doubtless been more or less indiscreet talk, but not more, per haps, thian can be found in other col-. lege communities: Upon the whole, the faculty of Clemson College is a strong one, and will compare favora bly.~withiny college in the country." -'This' ought to stop all the idle ru mfors that hate been o'oing the rounds concerning Clemson Oollege.. It is an utter impossibility to starka college on . such a scale as . Clemson and not find some .who believe it all a fake. Clem son has her' enemies but nearly every man -who has the good- of his State and people at heart sees that it is a grand undertaking and is already do ing much good for South Carolina. Register. .- . Giant Porwder Exploded. LEADYILLE, Sept. 26.-Sixty-five 'pounds of giant powder exploded this afternoon in the Belgian mine in Adelaide park, five miles, from this city, killing six miners and fatally in juring two. Ten miners were at work iin the dlrifts at the time, and it is be lieved that a miner carrying powder from one draft to another, '-et it fall and the explosion caused a cavein. The six were instantly killed. Help was sent from the city as soon as the rdport of the explosion -was received and the dead and injured were brought to the surface.'- The only miner who' can tell how the explosion occurred was brouoht to the city tonight so bad ly injureJY that he cannot talk and will die. The. s,ig. bodies~we, brought to the morgue anid were identified as fol lows: Clark Madineis, John Ham inilI, James K. Gray, Ed Kuhen; Chris Phillips, .~Ain E~gs. Impaled on Iron Spikes. . SavaNA, Sept. 24.-John Hodges, a-'painter-. at work on a wall thirty-five feet 'fromt the~tground, was killed to day: by the falling of the platform upon-;"2hich he and another painter were working: Hodges was impaled on a barbed iroh picket of a wire fence, which pierced his body, striking the heart. Five inches of the iron entered the man's body and was held by the lbarbs so thlat it was with difficulty that it was lif ted from the fence. Death was almost instantaneous. Charles Burtnham. another painter, was seri -ously inijnred. The accident was due to the ropes. which held the platform being eaten by acids used in washing the wvals. _____ "Playlug With A P1stol." BIilNGHINi Ala., Sept. 24.-Two boys, aged 8 and 11 years, named Thompson, at Blossburg, about twen ty miles west of; this city, were in a room- playing. withi a pistol. A shot 'was heard and tne mother rushing into the room, found the younger lad lying -on -the d oor (dead with a bullet hole in 'his forehead. The older brother said some one on the outside fired through the window, but it is thought the two were playing with the pistol when it went otf.