The Manning times. (Manning, Clarendon County, S.C.) 1884-current, November 20, 1895, Image 1

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______________________ -~-- ~ 2 -17 VOL* Xi. MANNING., S. C... WEDNESDAY, NOVEMBER 20. 1% CORPORATIONS )HE CONVENTION DISCUSSES THE ARTICLE THEREON. Severai New and important lrovisions Carefuly Reviewed--what Wza. said anid Done. COLsMABI. Nov. 11.-Special: When the Convention passed oif from the subject of lynching and lynchers, it proceeded to the consideration of the article on corporations. Section 1 was adopted, as follows: Section 1. The terui corporation as used in this article includes all asso ciations and joint stock companies having powers and privileges not pos sessed by individuals or partnerships and excludes municipal corporations. SECTION TWO. When section 2 was called up, Mr. Gage said that section 36 in the article on the legislative department covered the same matter muchmore fully and he moved to strike the section out. Mr. Johnstone said that this was the most important section in the whole article. Considerable objection was made to the motion and it was withdrawn by Mr. Gage. The section was then adopted as fol lows: Section 2. No charter of incornora tion shall be gra'nted, changed or amended by speciai law except in the case of such charitable, penal or re formatory corporations as may be un der the control of the State, or may be provided for in this Constitution; but the legislature shall provide by gener al laws for changing or amending existing charters and for the organi zation of all corporations hereafter to be created, and any such law so passed as well as all charters now existing or hereafter created, shall be subject to future repe-d or alteration. kECTION THREE. When section 3 was taken up, Mr. Haynsworth moved to strike out the words "and telephone." Telephone companies did not transmit messages. Dr. Stokes moved to table the amend ment, which the convention refused to do. Mr. Haynsworth's amendment was then adopted by a vote of 52 to 37. Mr. Stokes then amended it by plac ing after the word "companies"on the third line the words "and other trans mitting companies." Senator Tillman moved to amendby adding at the end of the section the words "and taxation." Senator Till man said they were not now getting any taxes from the Pullman carcom panies. and he wanted to reach it. His amendment was then adopted. The whole section was then adopted, reading as follows: -Section 3. All railroads and canars h highwy, and all rail express, .pm canal and other transnortation companies and all telegraph companies and oth er, transmitting companies are declared to be common carriers in their respective lines of business, and -subject to liability as such. No such porporation shall be permitted to make any contract relieving it from its com mon law liability and'taxation. Pending diseussion of this amend ment, the Convention, on motion of Dr. Stokes, took a recess till 5:30, p. At the afternoon session section 4. was discussed at some length, but, on motion of Dr. Stokes, was passed over till to-morrow. Section 3 was then recurred to, and Dr. Stokes offered the following sub stitute, to be printed in the journal: Sec. 3. All railroads and road ways, canals and other waterways used in whole or in part by corporation for the transportation of persons or freight for hire and public highways, all railroad express, sleeping car, canal and other corporations engaged in transporta tion for hire and all telegraph and other coporations engaged in the busi ness of transmitting intelligence for hire are common carriers on their re spective lines of business and are sub ject to liability and taxation as such. It shall be unlawful for any such cor poration'to make any contract reliev ing it of its common law liability. Mr. Lee then sent up the following amendment thereto, which was also ordered to be printed in the journal: Add "or permitting the same." The section was then passed over till today. ' SECTION FIVE was amended onmotion of Dr. Stokes, and passed in the following shape: Sec. 5. No discrimination in charges -'u'facilities for transportation for the same class of freight or passengers *within this State for the transmission of intelligence, or coming from or go ing to any other State, shall be made by any railroad or other transportation or transmission company between places or persons and no ::ailroad or transportation company shall charge a higher rate per ton per mile to any station, landing or port in the State, for the transportation of any class of freight, than the said company or cor poration charges on the same class of freight to any station or landing or port of this State. Persons and prop erly transported over any railroad, or by any other transportation company or coporation, shall be delivered at any station, landingor port at charges not exceeding the charges for the transportation of persons and proper ty of the same class, in the same di rection, to any more distant station, landing or port. Excursion and com mutation tickets may be issued at spe cial rates. SECTION SIX was then called up, and Dr. Stokes of -fered this substitute: Sec. 6. Any railroad or any other transportation corporation, and any telegraph or other transmitting corpo ration organized under the laws of this State shall have the right to connect its -roads or lines at the State line with those in other States, and shall have the right to intersect with or cross any other railroad, street railway, trans portation road or transmitting line, and shall each receive and transport the freight, passengers, cars (loaded or empty). and measages delivered to it by another without delay or discrimi nation The substitute was adopted. sECTiON SEVEN was then adopted as follows: Sec. 7. No railroad or other trans portation company, and no telegraph or other transmitting company, or the such corporation. shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchises of. or in any way control, any other railroad or other transportation company and no telegraph or other transmi ting com pany ownina or' having under its con trol a parallel or competing lie: and the qu'esion whether railroads or oth er transportation companies or tele graph or other transmitting companies are parallel or competing lines shall, when demanded by the party com plainant, be decided by a jury as in other civil causes. SECTION EIGHT. Section 6 was called up, and Mr. J. L. Glenn offered to amend by insert ing after the word "State" on line six, the words "unless the railroad so op erated or leased is owned by a corpora tion chartered by the laws of the State." Mr. W. B. Wilson then moved to table amendment, after stating his reasons therefor. Mr. Glenn-My position is not as he would have vou believe. If a corpo ration owning or leasing a railroad under the decisions of our courts that corporation can be sued and held re sponsible. Mr. Henderson-Suppose the corpo ration in this State is insolvent and you wish to reach the outside compa ny? Mr. Glenn-All judgments come be fore bonds and mortgages and I have no idea whatever of throwing those cases in the United States courts. Mr. Johnstone-I would not for a moment seek to throttle the rail.oads of this State, but I am opposed to them becoming the masters of our peo ple, and I agree with tde gentleman from York that we should force them to take out charters in this State so that they willbe amenable to our laws. Mr. Prince said he could see no rea son for this measure. Mr. Johnstone then spoke again and said that there were really only two constitutional principles involved in the whole article. One was the sec tion embodying the statue of 18-11. He wanted to know why they wanted to take the cases to the United States courts. Mr. Prince answered that it was to let a railroad get justice in a country where the jury was not influenced by the local plaintiff. Mr. Johnstone said that the other day Mr. Paince was an earnest sup porter of local self government. Mr. Prince-In criminal matters, which are very different indeed. Mr. Johnstone was heartily with the gentleman from York. They should not think that he was a vulga rian opponent to either corporations or capital. There was quite a tilt be tween Messrs. Johnstone and- Prince about the United States courts. Mr. W. B. Wilson once more spoke very earnestly on the same line. If they passed this matter they would prevent any such corporation commea in in the future. It will restore ol1 charters and get them into line again -make them domestic corporations. Mr. B. R. Tillman-Suppose you do not, what is your remedy. It seems to me that if you get these roads back into line by this scheme, that is the very backbone of the whole article. Mr. J. L. Glenn said what he want ed to do was to keep any road system from coming in in the future. Mr. Haynsworth made a few re marks and then Mr. Prince's motion to table the section was voted down. Mr. Glenn's amendment was then tabled. Senator Tillman offered to amend by inserting after the word "operated" on line three the words "or is now be ing operated in the State'' which was agreed to. The section was then adopted as fol lows: Section S. The general assembly shall not grant to any foreign corpo ration or association a license to build operate or lease any railroad in this State; but in all cases where a railroad is to bebuilt or operated or is now be ing operated in the State and the same shall be partly in this State an~d partly in another State, or in other States, the owners or projectors thereof shall first become incorporated under the laws of this State; nor shall any foreign corporation or association lease or op erate any railroad in this State unless the railroad so operated or leased is owned by a corporation chartered by the laws of this state, or purchase the same, or any interest therein. Con solidation of any railroad lines and co rations in this State with others shal 1be allowed only where the con solidated company shall become a domestic corporation of this state. No general or special law shall ever be passed for the benefit of any foreign corporation operating a railroad under an existing license of this state or un der any existing lease; and no grant of any right or privilege, and no ex emption from any burden, shall be made to any such foreiign corporation except upon the condition that the owners or stockholders thereof shall first organize a corporation in this State under fhe laws thereof, and shall thereafter operate and manage the same and the business thereof under1 said domestic charter. sECT1O5 515E. Mr. Stokes moved the addition of the following: Section 9. Nothing .prohibited by this State shall be permitted to be done by any coporation or company or per son or persons, either for its or their own benefit or otherwise, by its or their holding or controlling in its or their own name or otherwise or on the name of any oilher person or persons or other coporation or company whomsoever, a majority of the capital stock or of bonds having voting power of any railroad or transportation com pany or corporation created by or ex isting under the laws of this State, or doing business within this State. He withdrew this in order to make it section 20. Section 9 was taken up and the word "special" was put in before *he word "charter" in the first line, on naztion of Mr. Stanyarne Wilson. Mr. Oliver offered the following to go at the end of the section: The general assembly shall provide for the section of a State bank exam iner, and define the duties and powers of such otlice. Said ollicer shall re ceive such compensation as may be fixed by law. Mr-. Oliver related the dangers of banking schemes being operated with out such a provision. He made his first speech before the convention and made a most favorable impression. Dr. Smith of Barnwell thought the idea was a good one. H is little town had lost $11,000 in a wildcat scheme about which it could get no informa LOST Mr. George Johnstone suggested that the State did not have sufficient banks to keep a "bank examiner" em ployed. Mr. R. D. Lee wanted some further restrictions thrown around the office. The amendment was agreed to and the whole section was then adopted in the following shape: Section 9. The general assembly shall have no power to grant any spe cial charter for banking purposes, but corporations or associations may be formed for such purposes under the general laws, with such privileges, powers and limitations not inconsis tent with this Constitution as it may deem proper. The general assembly shall provide for the election of a State bank examiner, and define the duties and poweis of such office. Said office shall receive such compensation as may be fixed by law. SECTION TEN Was slightly amended, and was passed in the following shape: Sec. 10. Stock or bonds shall not be issued by any corporation save for labor done or money or property actual I received or subscribed, and all ficti cious increase of stock or indebted ness shall be void. SECTION ELEvEN. Section 11 was then called up, Dr. Stokes explaining the -ncaning of the section, which he Said was to allow minority representation in voting. This had been found in a good many constitutions. The section was adopted in the following shape: Sec. 11. The general assembly shall provide by law for the election of di rectors, trustees or managers of all corporations by the cumulative plan; that is to say, so that each stock holder, shall be allowed to cast, in per son or by proxy, as many votes as the number of shares he owns multiplied by the number of directors, trustees or managers to be elected, the same to be cast for any one candidate or to be distributed among two or more caudi dates. SECTION TWELVE Sec. 12. Corporations shall not en gage in any business except that spe cifically authorized by their charter or necessarily incident thereto. SECTION THIRTEFN was adopted as reported by the com mittee as follows: Sec. 13. The general assembly shall enact laws to prevent all trusts, com binations, contracts and agreements inimical to the public welfare and to prevent abuses, unjust discrimination and extortion in all charges of trans porting and transmitting companies, and shall pass laws for the supervision andiregulation of such companies, by commission or otherwise andshall pre vide adequate penalties, to the extent, if necessary for that purpose, of forfeit ure of their franchises. SECTION FOURTEEN. Mr. Breazeale moved to strike out sec tion 14. Lost yeas 54, nays 55. Dr. Stokes offered some slight amendments, which being adopted the section passed in the following shape: Section 14. A commission is hereby established, to be known as the rail road commission, which shall be composed of not. less than three mem bers, whose powers over all transporting and trans mitting corporations and duties, man ner of election and term of office shall be regulated by law. Provided that the members thereof shall be elected at the expiration of the terms of the p resent railroad commission, who are hereby continued in office for the terms for which they were elected, and until otherwise provided by law, the said commissioners shall hiave the same powers and jurisdiction, perform the same duties and receive the same compensation as are now conferred, prescribed and allotted by- law to the existing railroad commissioners. Pendincwthe consideration of section 15, the Zlonvention, on motion of Mr. Hamel, adjourned. SECTION FIFTEEN COLUMBIA, Nov. 12.-Special: The Convention got promptly to work this morning-resuming the considera tion of the article on coporations. The pending question was the mo tion of Mr. Fitch of Charleston to strike out section 15, which read as follows: Section 15. Every employee of any corporation doing busmness in this State shall have the rights and reme dies for injury suffered by him from the act or omission of such corpration or its employees as are allowe by law to other persons not employees.. And when death ensuses from any injury to an employee the legal or personal representative of such employee shall have the same rights and remedies as are allowed by law to such representa tives of other persons. Any contract or agreement, expressed or implied, made by any employee to waive the benefit of this section shall be null and void. A SUBSTITU~TE. Ai, the very outset Mr. W. B. Wil son offered the following substitute for section 15: Section 15. Any employee of any railroad corporation shall have the same rights and remedies from any in jury suffered by him from the acts or omissions of said corporations or its employees as are allowed by law to other persons not employees, when the injury results from the negligence of a suerior agent, an officer or of a per son having the right to control or di rect the services of a party injured, and also when the injury results from the negligence of a fellow servant en gaged in an other department of labor from that of the party injured, or of a fellow servant on another train of cars, or one engaged about a different piece of work. knowledge by such emplo yee injured of the defect or unsafe character or condition of any machin ery, ways or appliances shall be no de fence to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines, voluntarily op erated by them. When death ensues from any injury to employees, the legal or personal representative of the person injured shall have the same rights and remedies as are allowed by law to such representatives of the other persons. Any contract or agreement, express or implied, made by any em ploee to waive the benefit of this sec tionl shall be null and void and this section shall not be construed to de prive any employee of a corporation or his legal or personal representative of any right he now has by the law of the land. The general assembly may extend the remedies herein provided for to any other cases of employees. S0.ME 1)EBIATE. Mr. Ragsdale said they could not mend matters by adopting provisions manifestly un-just. He was opposed At present corporations were liable for the same damages as individuals. The whole thing was wrong in princi ple and should come out. There should be no discrimination between corporations. Look at the matter aside from corporations, and you will not hold a corporation liable for damages to a coservant. All that could be reasonably expected was al ready provided for in a better way than in this section. The injured man had the best claim against a corporation. The servant had ad equate remedies at law. They could not defeat the rightsof a servant, ex cept in cases of insolvency--something that could not be helped. The rule as to negligence had been extended as far as it should be. This was putting too much on the corporations. There was great danger of a - unfair liability uTr der the section. The proposition was too unjust to do any good. Mr. McCaslin wanted the employees of a road protected in some way. Take the case of arear end collision when the rear train follows; orders; there was every reason why the conductor, en gineer and firemen should be protect ed and be allowed to recover. Mr. Henderson stated that in such cases the injured persons had a com mon law right and the fiagman stacd in the shoes of the railroad. The rail road conferred certain duties it had to discharge upon its flagman and that made the corporation responsible. MR. STANYARNE WILSON. Mr. Stanyarne Wilson thought that Mr. McCaslan was correct. 3IR. PRINCE. Mr. Prince said that the trouble was that it only applied to one class of corporations-railroads. Dr. Stokes thought the substitute covered this and all other objections, in his opinion. The substitute was then put before the house by thepresident. There was further debate on both sides. Mr. Henderson submitted that if an engineer was obeying the orders of a conductor, the conductor stood in the attitude of the coiportion and was re sponsible. Mr. Wilson said it only makes the railroad liable when an employe could not protect himself from the acts of a superior. r. J. L. Glenn said this substitute with a few amendments was the same thing as the present law. This was simon-pure legislation. It was regu lating the relation between emplcye and employer. If not amended, the matter would be unwise-it would be class legislation. Dr. Stokes wanted to know if the corporations didn't get special privil eges. Mr. Glenn said they got none so far as the employes were concerned. The roads had no authority over their em ployes different from an individual. Mr. Wilson's plan went further in class legislation than all other schemes he had heard of; it wanted to discrim inate between the corporations. Mr. Glenn then cited cases, assisted by Mr. D. S. Henderson, going to show that even a section master occu pied the position of the company in regard to his little crew. Mr. Howell then took the floor, agreeing with Mr. Glenn, and said it was class legislation of a bad kind. There were farmers who had corpora tions of their own. Dr. Stokes-If you are satisfied with the law as it stands, why object to putting it in the Constitution ? Mr. Howell said that he objected because he wanted no leislation placed in the Constitution. He would vote against the section and the sub stitute also. Mr. Bates asked him if section 10 was strictly legislative also. Mr. Henderson asked Mr. Bates,as a member of the committee, why he had p resented a report that he admitted to be purely legislative in nearly all par ticulars. Mr. Stanyarne Wilson then argued that it was simpl to put the employ es on the same plane as passengers. Mr. D. S. Henderson moved to in definitely postpone the whole. Lost yeas 52, nays 58. Mr. Hendesn moved to strike out the last sentence to the substitute read ing "The general assembly may ex tend the remedies herein provided for to any other class of employees." Mr. Otts moved to table this amend ment, which was done. Mr. Ragsdale said the substitute was less objectionable than the original and should pass for that reason. Mr. J.- L. Glenn moved to strike out the words "or one engaged in a separ ate piece of work" The motion was tabled on motion of Dr. Stokes. The substitute of Mr. W. B. Wilson was then ado pted and clinched on motion of Dr. Stokes. Section sixteen was then taken up and Mr. Stanyarne Wilson moved to strike out all after the word "article" on the third line. Mr. W. B. Wilson said there was nothing which they could put in this Constituion that would so frighten capital away from the State as this. It was throwing an unnecessary block in the way of the march of progress upon which the State was just enter ihe amendment was adopted and then the section went through in this section 16. All existing charters or grants of corporate franchise under which organizations have not in good faith takeh place at the adoption of this Constitution shall be subject to the urovisions of this article. Tfie portion of the section stricken out read as follows: "And all such charters under which organizations shall not in good faith take place and business be commenced within one year from the adoption of this Constitution shall thereafter have no validity." Section seventeen was adopted as follows: Section 17. The general assembly shall never remit the forfeiture of the franchise of any corporation now chartered, nor alter nor amend the charter thereof, nor pass any general or especial law for the benefit of such corporation, except upon the condi tion that such corporation shall there after hold its charter and franchise subject to the provisions of this Con stitution; and the reception by any corporation of any provision of any such laws, or the taking of any benefit or advantae from the same, shall be conclusivel held an agreement by such corporation to hold its charter and franchise under the provisions of this article. SECTION EIGHITEEN. This section fixed the liability of stockholders at the amount of their shares. Mr. Stanvarne Wilson moved to add "and five per cent. additional." Mr. Ira B. Jone thught the matter should be left to the general assembly. Mr. George Johnstone said he could r ve them the history of this act -nown as the "5 per cent. act." They had adopted this act because the radi cal rag required it. The gentleman from Spartanburg speaks of creditors. The creditors inquire into the credit of the person to whom they are extend ing it. Can't the individual inquire into the condition of the corporation ? Certainly they can. Yesterday we incorporated a provision for a public examiner to inquire into the condition of the corporations. That is the very best method to control the corporation. Others should be considered. Look at the orphans and widows and women of your land; almost invariably their scanty earnings are invested in these corporations, because they cannot be come active agents in business. And here it is sought by the gentleman fr-'m 3partanburg to have the invest ors responsible, almost entirely re sponsible, for the dishonesty of the corporaticns. The creditor takes everything. What more does he want? I am with the gentleman from York and again move to lay it on the table. Mr. Gage-The Constitution of '6S leaves the matter with the legislature. If our Constitution provides that the stockholder shall not be responsible above the value of his stock, the world knows it and it will be no injustice. As to the other consideration, if a man puts $100 into the corporation, he looks after to save the $100, to save the 100 cents and not the 5 per cent. The clause submitted should be adopted. Mr. Haynsworth said: There is an other reason why this should be de feated. I don't think the liability is proper without incorporating with it these provisions that protect the inno cent creditor. Mr. Stanyarne Wilson moved to strike out section 18, but the conven tion refused to strike it out. Mr. Bryan moved to add the follow ing to the end of the section: Provided, that the stockholders of very corporation or joint stock asso -iation for banking purposes shall lso be individually responsible to the amount of their respective share or shares of stock in any such corpora ion or association for all its debts and liabilities of every kind. There was a running debate on this motion between Messrs. Johnstone, Bogan, Henderson and Sheppard. Sir. Sheppard moved to table, but withdrew the motion. Mr. Gage thought the matter should be investigated fully. No one would leny that stockholders were liable for 100 per cent. The difference between banks and other corporations is this: You start a factory with a capital of Wl00,000 and the plant is liable, but a bank has a capital of $25,000 and has leposits of $75,000. I think those de positors should be secured. In order to make it secure, that people should yo there and deposit this money, I of er this substitute for the amendment: Provided, That stockholders in anks or banking institutions shall be iable to depositors therein, in a sum qual to their .stock, and over and above the same. This' amendment was subsequently withdrawn. Mr. Bryan's amendment was tabled y a vote of 55 to 41. Mr. Ragsdale then spoke. Why do 1he banks want to be relieved of the responsibility ? It is a sound trust rund, and they ought to be liable for something more than their stock. If they get in a shaky condition the stockholders are the first who know anything about it. What considera tion does the depositor reeve for de positing his money ? Very rarely anything. These stockholders are the :wners of the bank, and if they take a man's money and lend it they should be responsible for it. Dr. Timmerman- As a rule banks :on't do business on the money of the :epositors. They do it on the capital stock, and when we undertake to say that stockholders shall be responsible we virtually drive out banks. No man of sense would put his money in a bank if this prevailed. Mr. Stanyarne Wilson offered the ollowing as a substitute for the whole matter: Section 18. Debts of corporations shall be secured by such individual iability of the stockholders and other means as may be prescribed by law. Mr. Wilson spoke in favor of his substitute. Mr. W. J. Montgomery thought no stockholder would take stocik in a bank if this provision was in force. Ble was in favor of Mr. Stanvarne Wil son's amendment. We could not tell what restrictions would have to be placed upon banking institutions in the future. They were doing as much for the State today as any one thing in the State. Every one would ac knowledg~e that the establishment of ocal banksi had been the means of do ng away with the ruinous commission business, enabling the farmers to run >n a cash basis. Mr. Montgomery said he was always in favor of regulating so as to control :orporations. but he did not wish to pass measures to choke them off. At die banquet last night there was much alk about the future prosperity of the State. They should not now try to keep such institutions out of the State. [t was a part of the history of South Carolina that, without a bank examin r, there were fewer failures of banks in South Carolina than anywhere else. rhe other point was that these institu tions are not making more than a rel onable rate of interest on their money nestment. If they made less money ~he people would not go in them at all. rhe people were afraid of taking stock n which there was any considerable iability. This puts every corporation -and we ought to have more of them -on its good behavior, and puts iioney in a shape that the targather :ould find it. The convention at this juncture took a recess antil 7 :30 p. in. At the night session section 18 was again taken up. the pending question demg Mr. Wilson's substitute. Dr. Stokes moved to table the Wil vm subs3titute-whbich was done. There was then further debate, by Nfessrs. IHenderson, Stokes, John stone, 3age and Lee. Dr. Smith moved to lay Mr. W. B. Wilson's amendment on the table, but de withdrew to allow Mr. W. B. Wil son to speak. Mr. G3age was just saying the ques ion had been beclouded by injecting into it the matter of the probabilty of de State bankino- svstemu being rees tablished, when I~r. Stokes interrupted nd the previous question was then rdered, Mr. Johnstone first offering uhis amendment: Section 18. Every stockholder in a PUBLIC EDUCATION. THE CONVENTION TAKES UP THAT IMPORTANT MATTER. A Lengthy and Interesting Discussion of the Article as Submitted by the Commit tee. COLUMBIA, Nov. 13.-The conven tion this morning commenced the consideration of the article entitled "Education." The first section went through without debate, in the follow ing form: Section 1. The supervision of pub lic instruction shall be vested in a ste ce superintendent of education, who shall be elected for a term of two years by the qualified electors of the State, in such manner and at such time as the other State officers are elected: his powers, duties and compensation shall be defined by the general assembly. SECTION TWO. When section 2 was taken up, Mr. Efird offered this substitute: Section 2. The general assembly shall provide by law for the election or appointment of such county, town ship or principal school officers as oc casion may require. Mr. Patterson then offered the fol lowing substitute: Section2. The general assembly shall make provision for the election or ap pintment of all additional school of- 1 cers. Mr. Efird was willing to accept the Patterson substitute if he would strike out the last clause. Mr. Mitchell, the chairman of the < committee, asked that the amendment be tabled. The article left to the leg islature the selection of all officers 1 save the school commissioner. These commissioners had never been paid properly. The commissioners should be paid an adequate salary. These men had to visit over 4,000 separate 1 schools. He thought they should be careful and provide a good system. Mr. Ragsdale thought the commit tee's report was superior to either of 1 the substitutes. The office should be a constitutional, elective one. If any thing had been taught by the gentle man from Edgefield in the last few years,it was that they should do away with appointive offices and allow the people to elect their officers. There was n use in talking about appoint ing them. It was not Democratic. He wanted the people to choose their of ficers from the highest to the lowest. There was further debate, by Mes srs. Perritte, Field, Sheppard, Parrott and Prince. Mr. Efird inquired whether Mr. Patterson's amendment did not con flict with section 4. Mr. Patterson said he would move to 1 strike out those sections when he came < to them and leave the appointment of I all these minor offices to the legisla ture. The motion to indefinitely postpone was lost-nays 69, yeas 53. Mr. Patterson then withdrew tue latter part of his substitute reading "and also for a system of free public schools throughout the State." Mr. Patterson's substitute was adopt ed by a vote of 73 to "no further count demanded." SECTION THREE. When section 3 was called up, Mr. Patterson offered the following sub stitute, which was adopted: Section 3. The salaries of the State and county school officials and com pensation of county treasurers for col-1 lecting and disbursing school moneys1 shall not be paid out of the school 1 funds, but shall be otherwise providedi for by the general assembly.4 SECTION FOUR was, after a brief discussion, passed over for the present. SECTION FIvE1 was taken up, reading as follows: Section 5. The general assembly shall provide for a liberal system of free public schools for all children be tween the ages of 6 and 21 years, not1 mentally disabled, and for the divis-i ion of counties into school districts. ] Mr. Ragsdale moved to strike out1 on lines 2 and 3 the words "not men tally disabled." Mr. Patterson thought the conven tion was on section 6 and he sent up a substitute which he withdrew. Mr. Ragsdale amendment was adopt ed. Senator Tillman then offered to] amend by inserting af ter the words "school districts" on line 3, the words] "as nearly square as practicable, not< to exceed 49,nor be less than 16 square ] miles in area; provided, that in cities]I of 10,000 inhabitants and over the limit shall not apply. Senator Tillman spoke in favor~of 1 the amendment.1 There was further debate by Messrs.< Rogers, Otts, Perritte, Smith, T. E.< Johnson, Hamel and Woodward. 1 Mr. Breazeale then offered the fol lowing amendment to the amendment. Provided: That school districts may I be established with a less area than 16< square miles in which there is located an incorporated city or town which i has erected school buildings for free school purposes by the issuance of t bonds, or by taxation, or by donation by citizens, thereof who may desire to I do so. The further consideration of section 5 was continued till the night session. SECTION SiX. This section, as reported, was then 1 taken up. Mr. Mitchell, the chairman of the ] committee, made a strong speech ex- - plaining the features of the plan em bodied In the section. He then, by I permission, offered the section as e amended by his committee, as follows:. Sec. 6. The .existing county boards :> commissioners of the several coun-( ties; and the county school commis sioner hereafter be vested with the same or similar powers and duties, t shall levy an annual tax of :3 mills ont the dollar upon all taxable pronerty c in their resp~ctive counties; which tax shall be collected at thie same time andc by the same ollicers as the other taxes e For the same year and shall be held int the county treasury of the respective g :ounties and the county school com-t missioner shall apportion the said1 Fund among the school districts of his :ounty in proportion to the :eespective aumber of pupils enrolled in the pub lie schools and notify the trustees of 1 the respective school districts thereof, who shall expend and disburse the iame as the general assembly may di rect.1 Three trustees for each school dis trict shall be selected in such manner and for sucht4erms as the general as senmbly may determine. There shall be assessed on all taxa ble polls in the State between the ages of 21 and 60 years an annual tax of $1< on each poll, tihe proceeds of which ] poses in the several school districts in which it is collected. Whenever dur ing the three next ensuing fiscal years the tax levied by the said county board of commissioners or similar officers and the poll tax shall not yield an amount equal to $3 per capita of the number of children enrolled in the public schools of each county for the scholastic year ending October31,1895, is it appears in the report of the state uperintendent of education for said cholastic year, the comptroller gen ,ral shall for the aforesaid three next mnsung years on the first day of each f said years levy such an annual tax >n the taxable property of the State as de may determine to be necessary to 21ake up such deficiency and appor ion same among the counties of the State in proportion to the respective leficiencies therein; the sum so appor ioned shall be paid by the State treas aIrer tc the county treasurers of the respective counties on the warrant of ,he c')mptroller general and shall be ipportioned among the school districts >f the counties and disbursed as other ;chool- funds. And from and after the 31st day of December, 1898, the general assembly ;hall cause to be levied annually on l the taxable property of the State uch a tax, in addition to the said tax evied by the said county board of bommlssioners, or similar officers and >oll tax above provided, as may be 2ecessary to keep the school opens broughout the State for such length )f time in each scholastic year as the reneral assembly may prescribe; and aid tax shall be apportioned among he counties in proportion to the defi ,iencies therein and disbursed as other chool funds. Any school district may, by the au hority of the general assembly, levy Ln additional tax for the support of its chools. THE CENTRALIZATION SCHEMB. Section 6 of Mr. Kennedy's minori y report was then taken up and was Ls follows: Section 6. The comptroller general hall levy at each regular session after he adption of this constitution an an mual tax of 3 mills on the dollar on dl taxable property throughout the tate for the support of the public chools, which tax shall be collected t the same time and by the same gents as the general State levy and hall be paid into the State treasury. [here shall also be assessed on all tax Lble polls in this State between the Lges of 21 and 60 years an annual tax >f $1 on each pol, the proceeds of which shall be applied solely to the upport of the public schools. The chool tax shall be distributed among he several counties in this State in >roportion to the respective number of >upils enrolled in the public schools, o be disbursed in the several school listricts of said counties as may be )rovided by the general assembly. k.ny school district may, by the au hority of the general assembly, levy tn additional tax for the support of its chools. MR. PATTERSON'S PLAN. Mr. Patterson announced that he ,vould offer the following sections as t substitute for Mr. Kennedy's substi ute: Section 6. The existing county board )f commissioners of the several coun ies, or such officer or oifficers as may iereafter be vested with the same or imilar powers and duties shall levy Ln annual tax of 3 mils on the dollar ipon all the taxable property in their -espective counties; which ta":~ahall e collected at the same time and by he same officers as the other~ taxes for he same year,and shall be held in the ~ounty treasuries of the respective ~ounties to be apportioned among the chool districts of the counties in pro ortion to the respective number of >upilk enrolled in the public schools hereof. Sec. 8. The general assembly shall nake provision for the assessment and ollection of an annual tax of $1 on bach male inhabitant in the State be ween the ages of 21 and 60 years who s able to perform ordinary manual abor, the proceeds of which tax shall e expended for school purposes in the everal school districts in which it is ~ollected, and the general assembly hall define the penalties, fines and orfeitures to be imposed for the non >ayment of this tax. Sec. S. In addition to the taxes here nafter required to be levied and col ected, the general assembly shall nake provision for the levy and col ection of an additional tax of 1 mill )m the dollar on all of the taxable >roperty of the State, which tax shall >e levied, collected and paid into the state treasury in the same manner as tre other taxes, and which tax shall e expended in public school educa ion among the schools of the several ounties of the State according to the liscretion of the State board of control mnder such regulations as the general ssembly may prescribe. Mr. Hutson-If you adopt that sys em why don't you abolish the whole ounty system and let this apply to oads and bridges as well, and abolis'h he office of county treasurer. Mr. Kennedy- I have no objection o that. It was the law upto 68. Mr. Hutson-I think you have said hat that system was a poor one. Mr. Kennedy-As to schools, it was very good one as to everything else. t.re you going to have one rulc for tigher edueation and another as to >rimary? Mr. Watson moved to table Mr. ~ennedy's substitute. Motion adopted -yeas 90, nays 26. Pending~ the consideration of Mr. ~atterson's substitute, the convention *djourned. THE DEBATE CoNTINUED. COLUMBIm, Nov. 14.-Special: The 3onvention lost no time in resuming ebate on the educational article. Mr. Patterson's n.mendment to limit he additional levy which the Legisla ure should be authorized to make to ne-half mill was adopted. Mr. Patterson then spoke in favor 'f his substitute. Re reviewed the ondition of the State's educational in erests and demanded that she should o forward and not backward. He said here should be a fixed levy of three aills for the common schools. Heconcluded: "'I hope this con ention will not go back on the peo >le by refusing to give them a thiree nill tax and this supplementary fund .s well. The present system is a tench in the nostrils of the State. If ye do not increase this levy and raise nore funds, I will be sorry for our ieople.- They are not afraid of a raise. hey are in favor of it, if it is necessa 'y. Let us go forward and provide hat all profits from the penitentiary; .il fines, forteits, escheats, etc., should ;o into the public school fund. If we annot maintain our common schools am willing to blot out the higher choons. But T am wiling to mair. tain them if we can. You have adopt ed a pure educational qualification for '98, and the people will expect you to provide an edipeAn for our b that they can vote." __ V Mr. Henderson of Aiken opposed Mr. Patterson's amendment. He thought that the tax for the schools should be put, in all respects, beyond the reach of the Legislature. MR. PATTERSON'S SUBSTITUTE KIL. Mr. Ragsdale, with a view of expe diting business, moved to indefinitely postpone the Patterson substitute. The motion prevailed. Mr. Ragsdale brought up his amend ment to strike out three mills and in sert two mills. He proceeded to ad dress the convention, saying that the three-mill tax would ruin the graded schools. Mr. Patterson-Don't!3 on think it will be best to let the graded schools go then, for the benefit of all the people? Mr. Ragsdale-I'm opposed to one man putting his hand into another's pocket either by authority of law or otherwise. Mr. Patton-Isn't the imposition of the two-mill tax doing just that? Mr. Ragsdale-It is to some extent. Mr. Patton-Well, you are willing to steal, but don't want to take as much as the rest of us? (Laughter.) Senator Watson asked him if he thought the two-mill tax injured the graded schools. He said he did not. Mr. Ragsdale thought the whole system of schools was revolutionary even the appropriations for the col leges. He was kept answering ques tions for a quarter of an hour. Hethen went on to say the convention could give nothing that it did not take from the people. The people had never been given any intimation that the constitutional school tax was to be in creased. They would vote to increase it. There was no use in bringing ir revelent issues into the matter. Mr. Barton moved to table, but with drew the motion and Mr. Lowman moved to amend the amendment by substituting for Mr. Ragsdale's "2" the words "not less than 2." Mr. Watson of Edgefield made an earnest and forcible speech in favor of the immovable tai of three mills. He ccncluded as follows: 'The governor said: 'Put out no lights.' I want to say, 'Kindle lights on every hilltop and in every valley in South Carolina that everybody may see them.' BACK TO SECTION FIVE. On motion of Senator Tfilman the Convention recurred to section 5, in order that he might propose an amendment, relating to the school age and the area and shape of school dis tricts. The amendment prevailed--yeas 76, nays 52. At the night session, after some ver bal changes, section five was regular ly adopted in the following shap: Sec. 5. The general assembly shall provide for a liberal system of free public schools for all children between the ages of 6 and 21 years, and for the division of the counties into school districts as compact as possible, not to exceed 49 nor to be less than 9 square miles, provided that in cities of 10,000 inhabitants and over, these limitations shall not apply. THE THREE-MILL TAX. Debate was then resumed on . Ragsdale's amendment to red the constitutional re by the committee f~ mils to two. Mr. T abefavored the two-mill tax in ainost earnest speech. "Men are liable to make cheap taxes one of these campaign issues. It aught not to be so fixed that any man can undermine the system of education. There is no telling who maycome here in the future to legislate for you. There are alway some pepewho kick up Harry about antigyou do and confuse matters perhp, and they may mix up matters to a great extent. The rich men often have control over the poorer ones and may influence them not to issue special'taxes. He wanted to support 3 mills and would support 4 if anybody offered it. He was in the fight for the great masses. For higher education there was appro uriated $196,000, and *hen you go back and tell them you have given the poor people the pitiful sum of 2mills they will justly protest against such a condition." He was questioned a little by Mr. Ragsdale and he replied to each ques tion. Mr. Howell's time was extended for 10 minutes and he, continuing, said that he wished to plead with the con vention for the education of the masses. Mr. Gunter said as the only one on the comamittee who opposed the three mill tar, he felt it his duty to express to the convention his reason. The peo ple wer-e crying out under excessive taxation. In his county they were in favor of the two-mill tax if the white people could get the benefit of it. Was it right that the white people should pay the tax to educate the negro? II was not right. Cry after cry had been raised against fraud, They should put it at "not less- than two mills," and leave the rest to the people. The3 were proposing to put the liquor prof its into this fund. A SUBSTITUTE. Mr. Ira B. Jones offered a substitute requiring the General Assembly to au thorize and direct the proper officers of each county to levy the annual tax of three mills for the support of the common schools. Mr. Jones spoke in favor of the amendment. .Senator Tillman spoke in opposi tion. Governor Evans resigning the chair temporarily to Vice-President Jones, spoke warmly and at length in favor of the Jones amendment. He thought a tax levy was strictly in the domain of 1e ' ltion, and should be left to the discretion of the Legislature. Mr. Mitchell closed the debate on the Jones amendment, making a strong speech against it. The vote was then taken on a mo tion to table the Jones amendment. Yeas S2, nays 41. So the amendment leaving the school tax to the Legisla ture, was killed. Next came the motion to table Mr. Ragsdale's amendment. Yeas 76, nays 47. So the proposition to put the con stitutional tax at two mills was also killed. The Convention then adjourned. THlE POLL T.AX. COLDMBI, Nov. 15.-Special: The Session of the Convention today was consumed in discussing the poll tax, First came the proposition to make the tax two dollars. This was voted down. Then it was proposed to make the figure $1.50. This too was defeated. So the tax is to remain at one dollar. Some discussion was also liad on the age at which citizens should cease to pay the tax. It was finally fixed at sixty years.