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VOL. NL MANNING. S. C.. WEDNESDAY, DECEMBER 25 THE j\W CONST IU0Ti\. TEXT OF 7HE INSTRUMENT ADOPT ED BY TAE STATE CONVENTION. The Found v iou ''f tii..Ights of te Citi zen and th.- I'ower; of the -tate Govern ment. ARTICLE IX. CORPORATION". Section . The term cyrporation as used in this article includes all associa tions and j >int stock companies having powers and privileges not possessed by individuals or partnerships and ex eludes municipal corporations Sec. 2. No charter of incorporation shall be granted, changed or amended by special law, except in the case of such charitable, educational, penal or reformatory corporations as may be under the control of the State. or may be providt d for in this Constitution. but the general assembly shall pro vide by general laws for changing or amending existing charters, and for the organization of all corporations hereafter to be created, and any such law so nassed. as well as all charters now existing or hereafter created, shall be subject to future repeal or al teration; provided that the general as sembly may by a two-thirds vote of each house on a concurrent resolution allow a bill for a special charter to be introduced, and when so introduced may pass the same as other bills. Sec. 3. All railroad, express, canal and other corporations engaged in transportation for hire and all tele graph and other corporations engaged in the business of transmitting intelli gnee for hire are common carriers in eir respective lines of business, and are subject to liability and taxation as such. It shall be unlawful for any such corporation to make any contract relieving it of its common law liabili ty or limiting the same, in reference to the carriage of passengers. Sec. 4. Every corporation organized or doing business in this State, other than religious, educational or benevo lent associations, shall have and main tain at least one agent in this State upon whom process may be served. and at least one public office for the transaction of its business; Provided: This section shall notapply to mercan tile corporations: Provided, That noth ing contained in this section shall be construed to prohibit the general as sembly from providing for the service of process on any agent of a corpora tion so as to bind such corporation. Sec. 5. No discrimination in charges or facilities for transportation of the same classes of freight or passengers, or for the transmission of intelligence within this State, or comino from or ing to any other State, shat be made by any railroad or other transporta tion ortransmission company between places or persons. Persons and property transported by any railroad or any other transporta tion or transmission company or cor poration, shall be deliverea at any sta tion, landing or port at charges not ezceeding the charges for the transpor tation of persons and property .of the same class, in the satme direction, to any more distant station, landing or port. Excursion and commutation tickets may be issued at spe-cial rates. This section shall not prevent the rail road commission from maiking such competitive rates 'as shall, in their judgment, be just and equitable be tween the railroads and ine public, at all junctional and comnpetitive points or at pints where water competition control the traffic or at points where the competition of points located im other States may make necessary the prescribing of different rates for the protection of the commerce of this ~State. Sec. 6. Any railroad or other trans portation corporation, and any tele graph or other transmitting corpora tion, organized under the la ws 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 rail way, transportation road or transmit ting line, and shall each receive and transport the freight, passengers, cars (loaded or empty) and messages dehv~ ered to it by another without delay or discrimination. Sec. 7. No railroad, or other trans portation company, and no telegraph or other transmitting corporation, or the lessees, purchasers or managers of any such corporation, shall consohi tte 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 rail road or other transportation, telegraph or other transmitting company own ing or having under its control a par allel or competing line; and the ques tion whether railroads or other trans portation, telegraph or otlier trahsmit ting companies are parallel or compet ing lines shall, when demanded by the party complainant, be decidcd by a jury as in other civil causes. Sec. S. The general assembly shall not grant to any foreign corporation or association a license to build, oper ate or lease any railroad in this State; but in all cases where a railroad is to be Duilt or operated, or is now being operated, in this State, and the same shall be partly in this State and 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 for eign corporation or association lease or operate any railroad in this State, or purchase the same or any interest therein- Consolidation of any rail road lines and corporations in this State with others shall be allowed only where the consolidated 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 rail road under an existirg license of this State or under any existing lease, and no grant of any rignt or privilege and no exemption frcm any burden shall be made to any such loreign corpora tion, except upon the condition that the owners or stockholders thereof shall first organize a corporation in this State under the laws thereof, and shall thereafter operate and manage the same and the business thereof un der said dom estic charter. Sec. 9. Thce general assembly shall have no power to grant any special charter for banking purposes, but cor por.an or.asocatins may be form il o sUcI Purp S Uitlkr laws, with! such privilt--es, pow-ers Z'nd( Irioa s, a not icntest wiI this ('ostitution, as it may deeT r prop. The general assmby shall proikW b. law for th lt horh omi inatm and inisme(-tionii oIf al] bankiIg and tiI(!a corporatimns of this State. See W. Stock or bonds shtall not b issued by any corporation site for Ia bor done, or mioney or property actu ally received orsubscribed: and all fic. ticus increase of stock or indebted ness shall be void. Sec. 11. The general ass-mbly shall provide by law for the election of di rectors, trustees or managers of all corporations so that each stock holder shall be allowed to cast, in persou or by proxy, as nany votes as the nuni ber of shares he owns imultiplied by the number of dircetors, trustees or managers to be elected, the same to be cast for any one candidate or to be dis tributed among two or more candi dates. Sec. 12. Corporations shall not en gage in any business except that spe cifically authorized by their charters or necessarily incident thereto. Sec. 13. The general assembly shall enact laws to prevent all trusts, com binations. contracts and agreements against the public welfare; and to pre vent all trusts, combinations, contracts, and agreements against the public welfare; and to prevent abuses, un just discriminations and extorLiOn in all charges of transporting and trans mitting companies; and shall pass laws for the supervision and regula tion of such companies by commission or otherwise, and shall provide ade quate penalties, to the extent, if ne cessary for that purpose, of forfeiture of their franchises. Sec. 14. A commission is hereby es tablished to be known as "the railroad commission." which shallbe composed of not less than three members, whose powers overall transporting and trans mitting corporations. and duties, man ner of election and term of otlice shall be regulated by law; and until other wise provided by law the said com missioners shall have the same powers and jurisdiction, perform the same du ties and receive the same compensation as now conferred, prescribed and al lowed by law to the existing railroad commissioners; provided, that the members thereof shall be elected at the expiration of the terms of the present railroad commissioners, who are here by continued in office for the terms for which they were elected. Sec. 15. Every emplcyee of any railroad corporation shall have the same rights and remedies for any in jury suffered by him from the acts or omissions of said corporation or its employees, as are allowed by law to other persons not employees, when the injury results from the negligence of a superior agent or officer, or of a per son having a right to control or direct the services of a party injured, and also when the injury results from the .iegligence of a fellow servant engaged in another department of labor from that of the party injured, or of a fel low servant on auother train of cars, or one engaged about a different piece of work. Knowledge -by any em ployee injured of the defective or un safe character or condition of any ma chinery, ways or appliances shall be no defence to an action for injury caused thereby, except to conductors or engineers in cbarge of dangerous or unsafe cars or engines voluntarily op erated by them. Whenr death ensues from any injury to employees, thelegal or pe-rcoual representatives of the per son injured shall have the same right and remedies as are allowed by law to such representatives of other per-sons. Any contract or agreement, expressed or implied, made by any employee to waive the benetit of ths section shall be null and void; and tais section shall not be construed to deprive any employee of a corporation, or his le gai or personal representative, of any r-emedy or right that he nowv has by the law of the land. The ge-neral as sembly may extend the remedies herein provided tor to any other class of em plyees. Sec. 16. Ail existing charters or grants of corporate franchise under which organizations have not in good faith taken place at the adoption of this Constitution shall be subject to the provisions of this article. Sec. 17. The general assembly shall never remit the forfeiture of the fran chise of any corporation now char tered, nor alter nor amend the charter thereof, nor pass any general or spe cial law for the benefit of such corpo raion, except upon the condition that such corporation shall thereafter hold its charter and franchise subject to the provisions of this Constitution, and the acceptance by any corporation of any provision of any such laws or the taking of any benetit or advant age from the same shall be conclusive ly held an agreement oy such corpo ration to hold its charter and fran chise under the provisions of this ar ticle. Sec. 18. The stockholders of all ini solvent corporations shall be individ ually liable to the creditors thereof only to the extent of the amount re maising due to the corporation upon tha stock owned by them: Provided, That stockholders in banks or bank ing institutions shall be liable to de positors therein in a st'm equal in amount to their stock over rid above the face value of the same. Sec. 19. Nothing prohibited in :his article shall be permitted to be done by any corporation or company, per sons or person, either for its oi- their own benefit or otherwise, by its or their holding or constrolling in its or their own name or otherwise, or in the name of any other person or per sons, or other corporation or company whatsoever, a majority of the capital stock, or of bonds having voting power, of any railroad or transporta tion company, or corporation created by or existing under the Jaws of this State, or doing business within this State. Sec. 20. No right of way shall be appropriated to the use of any corpo ration until full compensation there for shall be first made to the owner, or secured by a deposit of money, ir respective of any benefit fr-om any im provement proposed by such corpora tion, which compensation shall be as certained by a jury of 12 men, in a court of record, as shall be prescribed by law. Sec. 21. The general assemby shall enforce the provisions of this article by appropriate legislation. ARTICLE X. FINANCIE AND) TA ATION. Section 1. The generial assembly shall provide by law for a uniform and equal rate of assessment and tax ation, and shall prescribe regulations to secure a just valuation for taxation possessory. except mines and mining claims, the products of which alone shall be taxed; and also excepting such% property as may be exnnpted oy law for munic:pal, educational, liter ay, scientific, religious or charitable purposes: Proviaed, however, That the general assenibly may impose a capitation tax upon such domestic ani mials as fron their nature and habits are destructive of other property: And provided, further, That the gen eral assembly may provide for a grad uated tax on incomes, and for a graal ated licrise on occupations and busi ness. Sec. 2. The general assembly shall provide for an annual tax suilicient to defray the estimated expenses of the State for each year, and whenever it shall happen that the ordinary ex penses of the State for any year shall exceed the income of the State for such year the general assembly shall provide for levying a tax for the ensu ing year suflicient, with other sources of income, to pay the deficiency of the precedingx year together with the esti mated expenses of the ensuing year. Sec. 3. No tax shall be levied except in pursuance of a law which shall dis tinctly state the object of the same; to which object the tax shall be applied. Sec. 4. There shall be exempted front taxation all county, township and municipal property used exclu sively for public purposes and not for revenue, and the property of all schools, colleges ana institutions of learning, all charitable institutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic and in digent persons, except where the pro fits of such institutions are applied to private uses; all public libraries, ehurches, parsonages and burying rounds; but property of associations and societies, although connected with haritable objects, shall not be exempt from State, county or municipal taxa tion: Provided, That as to real estate this exemption shall not extend be yond the buildings and premises actu ally occupied by such schools, col leges, institutions of learning, asy lums, libraries, churches, parsonages and burial grounds, although con nected with charitable objects. Sec. 5. The corporate authorities of counties, townships, school districts, ities,towns and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. All shares f the stockholders in any bank or banking association located in this tate, whether now or hereafter incor porated. or organized under the laws of this State or of the United States, shall be listed at their true value in money, and taxed for municipal pur poses in the city, ward, town or incor porated village where such bank is located, and not elsewhere: Provided, that the words "true value in money" is used in line 12 of this section shall be so construed as to mean and in lude all surplus or extra moneys, apital, and every species of personal roperty of value owned or in posses ion of any such bank: Provided, A ike rule of taxation shall apply to the tockholders of all corporations other han banking institutions. And the eneral assembly shall require that all he property, except that herein per nitted to be exempted within the lim ts of municipal corporations, shall be axed for corporate purposes and for he payment of debts contracted under uthority of law. The bonded debt of ny county, township, school district, municipal corporation or political di ision or subdivision of this State hall never exceed S per centaim of the ssessed value of all taxable property ~nerein. And no county, townsbip, nunicipal corporation or other polili al division of this State shall hereaf ~er be aathorized to increase its bond ed indebtedness if at the time of any proposed increase thereof the aggre ate amount of its already existing onded debt amounts to S per centum >f the value of all taxable property herein as ascertained by the valua ion for State taxation. And wherever there shall be several ~olitical divisions or municipal corpo ~ations covering or extending over the ame territory, or portions thereof, ossessing a power to levy a tax or ~ontract a debt, then each of such po itical divisions or municipal corpora ions shall so exercise its power to in rease its debt under the foregoing 8 ,er cent limitation that the aggregate lebt over and upon any territory of :his State shall never exceed 15 per entum of the value of all taxable >roperty in such territory ai valued or taxation by the State: Provided, 'hat nothing herein shall prevent the ssue of bonds for the purpose of, pay ng or refunding any valid municipal lebt heretofore contracted in excess of 3 per centum of the assessed value of all the taxable property therein. Sec. 6. Tne credit of the State shall ot be pledged or loaned for the bene Eit of any individual company, asso iation or corporation: and the State shall not become a joint owner of or stockholder in any company, associa tion or corporation.- The general as sembly shall not have power to auth rize any county or township to levy i tax or issue bonds for any purpose except for educational purposes, to build and repair public roads, build ngs and bridges, to maintain and upport prisoners, pay jurors, county ylicers, and for litigation, quarantine md court expenses, and for ordinary nunty purposes, to support paupers, md pay past indebtedness. Sec. 7. No scrip, certificate or other evidence of State indebtedness shall se issued except for the redemption of tock, bonds or other evidences of in lebtedness previously issued, or for such debts as are expressly authorized n this Constitution. Sec. S. An accurate statement of the receipts and expenditures of the pub Lic money shall be published with the laws of each regular sesspon of the eneral assembly, in such manner as nay by law be directed. Sec. 9. Money shall be drawn from he treasury only in pursuance of ap ?ropriations made by law. Sec. 10. The fiscal year shall comn rence on the first day of January in each year. Sec. 11. To the end that the public iebt of South Carolina may not hereaf Ler be increased without the due con sideration and free consent of the peo ple of the State, the general assembly s hereby forbidden to create any fur ter debt or obligation, either by the loan of the credit of the State by guar n ty, endorsement or other wise, exept for the ordinary and current business of the State, without first subruitting the question as to the creation of such new' debt, guaranty, endorsement or loan of its credit to the qualified electors of this Stateat a gen e,1ral aelectin; and unles two thirds of the qualified electors of this State, voLing on the question. shall be in favor of increasing the debt, guar anty, endorsement or loan of its cred it, none shall be created orrmade. And any debt contracted by the State shall be by loan on State bonds, of amounts not less than $50 each bearing interest, payable not more than 40 years after final passage of the law authorizing such debt. A correct registry of all such bonds shall be kept by the treas urer in numerical order, so as to al ways exhibit the number and amount unpaid, and to whom severally made payable And the general assembly shall levy an annual tax sutlicient to pay the annual interest on said bonds. Sec 12. Suitable laws shall be pass ed by the general assembly for the safe-keeping. transfer and disburse ment of the State, country and school funds; and all officers and other per sons charged with the same shall keep an accurate entry of each sum recived, and of each sum received, and of each payment and transfer and shall give such securi y for the faith rul discharge of such duties as the general assembly may provide. And it shall be the duty of the general assembly to pass laws making embezzlement of such funds a felony, punishable by fine and imprisonment, proportioned to the amount of the deficiency or embezzle ment, and the party convicted of such felony shall be disqualified from ever holding any office of honor or eniolu ment in this State: Provided, how ever, that the general assembly, by a two-thirds vote, may remove the disa bility upon payment in full of the principal and interest of the sui em bezzled. Sec. 13. The general assembly shall provide for the assessment of all prop erty for taxation; and State, county, township, school, municipal and all other taxes, shall be levied on the same assessment, which shall be that made for State taxes: and the taxes for the subdivision of the State shall be levied and collected by the respective fiscal authorities thereof. ARTICLE XI. EDUCATION. Section 1. The supervision of public instruction shall be vested in the State superintendent of edncation, who shall be elected for the term of two year 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 ahall be defined by the general assembly. Sec. 2. There shall be a state board of education, composed of the gover nor, the state superintendent of educa tion, and not exceeding seven persons to be appointed by the governor every four years of which board the gover nor shall be chairman, and the state superintendent of education secretary. This board shall have the regulation of examination of teachers applying for certificates of equalification, and shall award all scholarships and have such other powers and duties as may be determined by law. The traveling expenses of the persons to be appoint ed shall be provided for by the general assembly. Sec. 3. The general assembly shall make provision forelection or appoimt ment of all other necessary school of ticers and shall define their qualifica tions, powers, duties, compensation and terms of office. Sec. 4. The sal-ries of the State and county school ofiters and compensa tion of county treasurers for collecting and disbursing school moneys shall not be paid out of the school funds, but shall be otherwise provided for by the general assembly. Sec. 5. The general assembly shall provide for a liberal s~ stem of free~ public schools for all children bet ween the ages of six and 21 years and for the division of the counties into suit able school districts, as compact in form as practicable, having regard to natural boundaries, and not to exceed 49 nor be less than 9 square miles in area: Provided, that in cities of 10,000 inhabitants and over, this limitation of area shall not apply: Provided, further, that when any school district laid out under this section shall em brace cities or towns already organized into special school districts in which graded school buildings have been erected by the issue of bonds, or by special taxation, or by donation, all the territory included in said school district shall bear its just proportion of any tax that may be levied to liquid ate such bonds or'support the public schools therein: Provided, further, tat nothing in this article contained shall be construed as a repeal of the laws under which the several graded school districts of this State are or granized. The present division of the counties into s-:hool districts and the provisions of law now governing the same shall remain until changed by the general assembly. Sec. 6. The existing boards of com missioners of the several counties, or uch officer or officers as may hereaf ter be vested with the same or similar powers and duties, shall levy an an nual tax of three mills on the dollar upon all the taxable property in their respective counties, which tax shall be collected at the same time and by the same officers at the other~ taxes for the same year, and shiall be held in the county treasury of the respective coun ties; and the said fund shall be appor tioned among the school districts of the county in proportion to the nunm ber of pupils enrolled in the public schools of the respective districts, and the ollicer or officers charged by law with making said apportionment shall notify the trutees of the respective school districts thereof, who shall ex pend and disburse the same as the gen eral assemibly may prescribe. The general assembly shall define "enr-oll ment" Not less than three trustees for each school district shall be selected from the qualified voters and taxpay ers therein, in such manner and for such terms as the general assembly may determine, except in cases of spe cial school districts now existing, where the provisions of law now gov erning the same shall remain until changed by the general assembly . Pro vided, the manner of the selection of said trutees need not be uniform throughout the State. There shall be assessed on all taxable polls in the State between the ages of 21 and 60O years (excepting Confederate soldiers above the age of 50 years, an annual tax of $1 on each poll, the proceeds of which tax shall be expended for school purposes in the several school districts in which it is collected. Whenever during the next three ensuing years the tax levied by the said county board of commissioners or similar ofli cers and the poll tax shall not yield an amiunt equal to 83 per capita of children enro. led in the public schools of each county for the scholastic year ending the Zist day of October, in the report of lie sts.te superinten dent of education for said scholastic year, the comptroller general shall, for the aforesaid three next ensuing fiscal years. on the first day of each of said years levy such an annual tax on the taxable property of the State as he may determine to be necessary to make up such deficieney, to be collect ed as other State taxes,' and apportion the same among the counties of the State in proportion to the respective deficiencies therein. The sum so ap portioned shall be paid by the state treasurer to the county treasurers of of the respective counties, in propor f tion to the respective deficiencies therein, on the warrant of the coin ptroller general. and shall be appor. tioned among the school districts of the counties and disbursed as other school funds, and from and after the 31st day of December, in the year 1898, the general assembly shah cause to be levied annually on all taxable proper ty of the State such a tax, in addition to the said tax levied by the said coun ty boards of commissioners or similar officers, and poll tax above provided, as may be necessary to keep the schools open throughout the State for such a length of time in each scholastic year as the general assembly may prescribe; and siid tax shall be apportioned among the counties in proportion to the deficiencies therein and disbursed as other school funds. Any school district may by the au thority of the general assembly levy an additional tax for the support of its schools. Sec. 7. Separate schools shall be provided for children of the white and colored races, and no child of either race shall ever be permitted to attend a school provided for children of the other race. Sec. S. The general assembly may provide for the maintenance of Clem son Agricultural college, the Universi ty of South Carolina, and the Win throp Normal and Industrial college, a branch thereof, as now established by law, and may create scholarships therein; the proceeds realized from the land scrip given by the act of con gress passed the second day of July, 1862, lor the support of an agricultu ral college, and any lands or funds which have heretofore been or may hereafter be given or appropriated for educational purposes by the congress of the United States, shall be applied as directed in the acts appropriating the same: Provided, That the general assembly shall, as soon as practicable, wholly separate Clallin college from Claffin university, and provide for a separate crops of professors and in structors therein, representation to be given to men and women of the ne gro race; and it shall be the ( olored Normal, Industrial, Agricultural and Mechanical college of this State. Sec. 9. The property orcredit of the State of South Carolina, or of any county, city, town, township, school district, or other subdivision of the said State, or any public money, from whatever source derived, shall not, by gjtit, donation, loan, contract. appro priation, or otherwise, be used, direct ly, og indirectly, in aid or mainten ance of any college, schools hospital, orphan house, or other institution, society or organization, of whatever kind, which is wholly or in part un der the direction or control of any church or of any religious orsectarian denomination, society or organiza tion. Sec. 10. All gifts of every kind for educational purposes, if accepted by the general assembly, shall be applied and used for the purposes designated by the giver, unless the same be in conflict with the provisions of tnis Constitution. Sec. 11. All gifts to the State where the purpose is not designated, all escheated property, the net assets or futads of all estates or copartnerships in the hands of the courts of the State where there have been no claimants for the same within the last 70 years, and other money coming into the treasury of the State by reason of the 12th section of an act entitled "An act to provide a mode of distribution of the money s as direct tax from the citi zens of this State by the United States in trust to the State of South Caro lina," approved the 24th day of De cember, 1891, together with such other meansas the general assembly may provide, shall be securely invested as the State school fund, and the annual income thereof shall be apportioned by the general assembly for the pur pose of maintaining the public schools. Sec. 12. All the net income to be de rived by the State from the sale or li cense for the sale of spirituous, malt, vinous and intoxicating liquors and beverages, not including so much thereof as is now or may hereafter be allowed by law to go to the counties and mudicipal corporations of the State, shall be applied in aid of the supplementary taxes provided for in the sixth section of this article; and if after said application there should be a surplus, it shall be devoted to pub lic school purposes, and apportioned as the general assembly may determine: Provided, however. That the said supplementary taxes shall only be levied when the net income aforesaid from the sale or license for the sale of alcoholic liquors or beverages is not sutlicient to meet and equalize the de ficiencies for which the said supple mentary taxes are provided. ARTICLE XII. CHIARITAULe AND) PENAL INSTITUTIONS. Section 1. Institutions for the care of the insane, blind, deaf and dumb and the poor shall alway be fostered andsuportd by this State, and shall be subject to such regulations as the general assembly may enact. Sec. 2. The regents of the State hos pital for the insane s.nd the superin tendent thereof, who shall be a phy sician, shall be appointed by the gov ernor, by and with the advice and consent of the senate. All other phy sicians. oflicers and employees ot the hospital shall be appointed by the re gents, unless otherwise ordered by the general assembly. Sec.:>. The respective counties of this State shall make such provision as may be determined by law for all those inhabitants who by reason of age, iniirmities and misfortune may have a claim upon the sympathy and aid of society. Sec. 4. The directors of the benevo lent and penal State i nstitutions which may be hereafter created shall be ap pointed or elected a~s the general as sembly may direct. Sec. 5. The directors and superin tendent of the peniterntiary shall be appointed or elected as the general as semibly may direct. Sec. t;. All convicts sentenced to hard labor by any of the courts in this State may be employed upon the public works of the State or of the contniesn an upon the nnublic high ways. Sec. 7. Provision may be made by the general assembly for the estab lishment and maintenance by the State of a reformatory for juvenile of fendors separate and apart from hard ened criminals. Sec. S. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, except where otherwise provided for, with the power of removal until the next session of the general assembly and until a successor or successors shall be appointed and confirmed. Sec. 9. The penitentiary and the con victs thereto sentenced shall forever be under the supervision and control of officers employed by the State; and in case any convicts are hired or farm ed out, as may be provided by law. their maintenance, support, medical attendance and discipline shall be under the direction of officers detailed for those duties by the authorities of the penitentiary. ARTICLE XIII. MILITIA. Section 1. The militia of this State shall consist of all able-bodied male citizens of the State between the ages of 18 and 45 years, except such persons as are now or may be exempted by the laws of the United States of this State, or who from religious scruples may be averse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the general assem bly may by law direct. Sec. 2. The volunteer and militia forces shall (except for treason, felony and breach of the peace) be exempt from arrest by warrant or other pro cess while in active service or attend ing muster or the election of officers, or while going to or returning from either of the same. Sec. 3. The governor shall have the power to call out the volunteer and militia forces, either or both, to exe cute the laws, repel invasions, suppress insurrections and preserve the public peace. See. 4. There shall be an adjutant and inspector general elected by the qualified electors of the State at the same time and in the same manner as other State officers, who shall rank as brigadier general, and whose duties and compensation shall be prescribed by law. The governor shall, by and with the advice and consent of the senate, appoint such other staff officers as the general assembly may direct. Sec. 5. The general assembly is hereby empowered and required, as its first session after the adoption of this i onstitution, to provide such proper and liberal legislation as will guaran tee and secure an annual pension to every indigent or disabled Confeder ate soldier and sailor of this State and of the late Confederate States who are citizens of this State, and also to the nidigent widows of Confederate sol diers and sailors. ARTICLE XIV. EMIrNEN DOMAIN. Section 1. The State shall have con current jurisdiction on all rivers bo: dering on this State, so far as such rivers shall form a common boundary to this and any other State bounded by the same; and they, together with all navizable waters within the limits of the State, shall be common high ways and forever free, as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the general assembly. ~ec. 2. The title of all lands and other property which have heretofore' accrued to this State by grant, gift,' purchase, forfeiture, escheats or other wise shall vest in the State of South Carolina, the same as though no change had taken place. Sec. 3. The people of the State are declared to possess the ultimate prop perty in and to all lands within the jurisdiction of the State, and all lands the title to which shall fail from defect of heirs shalt revert or escheate to the people. ARTICLE XV. IMPEACHMENTs. Section 1. The house of representa tives shall have the sole power of im peachment. A vote of two-thirds of all the members elected shall be re quired for an impeachment. Any of ficer impeached shall thereby be sus pended from office until judgment in the case shall have been pronounced; and the office shall be filled during the trial in such manner as may be provided by law. Sec. 2. All impeachments shall be tried by the senate, and when sitting for that purpose they shall be under oath or affirmation. No person shall be convicted except by a -vote of two thirds of all the members elected. When the governor is impeached, the chier justice of the supreme co)urt, or, if he be disqualified, the senior jus tice shall preside, with a casting vote in all preliminary questions. Sec. 3. The governor and all other executive and judicial officers shall be liable to impeachment; but judgment in such cases shall not extend further than removal from office. The per sons convicted, shall, nevertheless, be liable to indictment, trial and punish ment according to law. Sec. 4. For any willful neglect of duty, or other reasonable cause, which shall not be sufficient ground of im peachment, the governor shall remove any executivive or judicial officer on the address of t wo-thirds of each house of the general assembly: Provided, That the cause or causes for which said removal may be required shall be stated at length in such address, and entered on the journals of each house: And nrovided, further, That the ofl cer irntended to be removed shall be no tified of such cause or causes, and shall be admitted to a hearing in his own defense, or by his counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nay.s, and be entered on the journals of each house respective ly. ARTICLE XVI. A~tEND31ENT AND REVISION OF THE CONSTITUTION. Sec. 1. Any amendment or amend ments to the constitution may be pro posed in the senaate or house of repre sentatives. If the same be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon; and the same shall be submitted to the qualitied electors of the State at the next gen eral election thereafter for representa tives; and if a majority of the electors qualified to vote for members of the general assembly,voting thereon,shall vote in favor of such amendment or THE STATE'S FINANCES. THE ANNUAL REPORT OF THE STATE TREASURER. Issued Wednesday Containing Much Use ful lnformation-A11 About the Govern ment's Financial Condition-Tie Facts and Figures. The annual report of the State treas urer was issued Wednesday, and it contained much information of inter est to the people of the State. The summarized portion of the report reads as follows: Hon. James Norton, Comptroller Gen eral S. C.: Sir: I have the honor to submit herewith my report for the fiscal year ending October 31st, 1895. The following abstracts present in a condensed form the accounts and transactions of the office, which are more fully set forth in the usual an nual statesments accompanying this report: RECAPITULATION. Receipts for year ending 31st Octo ber, 1895-Taxes, $845,708.54; dispen sary, credited dispensary account, $802,231.01; dispensary for appropria tion of act of December, 1892, refund ed general account, $50,000; nhosphate royalty, $93,308.71; privilege tax on fertilizers, $30,135,93; official fees, $13,917.81; commissioners sinking fund, $1,300; Morrill fund, $21,000; other special accounts, $1,162.39; as sessments for railroad commissioners, $8,828.62; interest on sinking fund for the reduction of Brown 44 per cents, $3,091.80; loans effected under acts 1893 1894, $100,000; from other sources $1,279.48. Total, $1,971,892.29; bal ance 31st October, 1894. $203,256.24. Grand total, $2,175,148.53. Payments for year ending 31st Oc tober. 1895-legislative expenses, $33, 370.21; educational institutions and expenses, $225,018.99; charitable, pe- - nal and sanitary expenses, $130,511.60; interest on public debt and expenses, $269,140.05; state dispensary, $750,323 .58; salaries supreme court, circuit judges, solicitors, state officers, coun ty auditors -and supervisors, public in stitutions, etc., $143,806; public print ing, $19,607.52; invest-ent for sink ing fund for reduction of the Brown 41 per cents under act 1892, $11,600.91; pensions and special pensioner, $51, 109.70; maintaining militia 1893-1894 and 1894-1895, $20,000; direct tax fund and interest, $17,914.17; Brown con sols, due July, 1893, redeemed, $895.71; election expenses, $18,549.71; refund taxes and overpayments refunded county treasurers, $6,060.76; contin gent funds and stationery and stamps executive officers, supreme court and other officers, $7.205,62; Constitution al convention appropriation, $3,306,62; legal services in Coosaw company case and others, $5,950; loans under act 1893 and 1894 paid, with interest, $152.121.69; on other accounts, $36, 459.68. Total, $1,902.952.52; balance 31st October, 1895, $272,196.01. Grand total, $2,175,149.53. ABSTRACTS-DEBTORS AND CREDITORS, 31ST OCTOBER, 1895. Debtors-Cash in State treasury, of which $15,241.26 is to credit of gener al account, $272,196.01; county treas urers, $15,299.55; phosphate royalty, $18,094 70; other accounts, $1,294.14; total, $306,884.40; balance against State, $7,044, g a t $ - 351,800.98. ,1.8 rn o $, Creditors-Brown consols, due '93, outstanding, $5,858.26; green consols (invalidity of green consols, estimated $294,671.22), face value, $325,236.54; blue 4t. per cent, bonds and stock, $400,000; brown 41 per cent, bonds and stock, $5,537,483.87; old bondsand stock, (fundable at 50 per cent, of val id part) principal and interest--princi pal, face value. $354,208.64; Clemson college 6 per cent, stock-perpetual, $58,539.39; Agricultural college 6 peir cent, stock (Clemson), $95,900; Ari culturalcollege 6 per cent, stock (C f lin), $95;900; deficiency stock, $21.98; interest on consols, brown and gen, $113,867.64; interest on other bnds and stock, $1,512.28; sinking fund for reduction of brown 44 per cents $110, 002.83; dispensary, $73.076 58; commis sioners sinking fund, $43,958 95; fund for redemption brown consols, $6, 216 72; direct tax funds (principal and interests) $13.506.72; direct tax claims -act 1884, $7,202.79: Morrill fund, $8, 140..25; special accounts, $1,749 55; county treasurers, $7,314.93: treasur'y reserve fund, $7,432.56; rent and dam ages Citadel academy, $15,000; bal ances of appropriations and other bal ances undrawn, $69,670.98; total $7, 351,800. 98. Cash liabilities provided for by spe cial funds in the treasury--Brown consols outstanding, $5,858.26; defi ciency stock outstanding, $21.98; sink ing fund reduction brown 41-2 per cents, $110,002.83; dispensary, $73, 076.58; commissioners sinking fund, $43,958.95; direct tax funds and inter- - est, etc., $13.506.64; Morrill fund, g, 140.25; special accounts, $1,749.55; to tal. $25G.315.04. Cash liabilities payable from the general or current fund-Interest on' brown consols, past due, $90,026.69; interest on $;30,565 32, valid part of the green censol, estimated, $23,840.95; interest on other bonds and stock, $1, 512 2S; direct tax claims, act 1884, $7, 302.79; balances, appropriations, etc., undrawn on October 31st, 1895, $69, 670.58; interest on new 4 1-2 per cent. bonds liable to be issued for old bonds and stock~s outstanding, $354,208 64, less $143,600 probably invalid, princi pal $210,608.64, with 6 per cent inter est to July 1, 189:3, $271,685.14 $482, 293.78; fundable at 50 per cent, under funding acts, $241.146.89; interest on $241. 146.89 from July 1, 1893, to July 1, 1895, at 4 1-2 per cent., $21,703.22; total. $213,956.51. It is necessary to observe that addi tional cash liabilities will soon accrue, for the interest becoming payable on the 6 per cent. and 4b per cent. bonds anid stocks, for legislative expenses, and the ordinary expenses of the state government. The loan of $50.000 negotiated by his execliency the governor and myselff in August. 1894, under authority of act 1893, was paid at maturity, Janu uary 1895. It became necessary to effect a fur ther loan of $100,000, under the provi sion of the act of 1894, viz., in Decem ber, 18S94. The receipts into the treas ury have enabled us to meet this obli gation also. The taxes from the taxes levied by act of December last for year commenc ing 1st November, 1894, have aggre gated thus far $14,072.38. From the present indications, however, it is not improbable that a sufficient amount will be realized to meet the payment [CONTINUED ON PAGE FOUR.] branch of the next general assembly shall, after such an election, and be fore another, ratify the same amend ment or amentments by yeas and nays, the same shall become part of the Constitution: Provided, That such :.mendment or amendments shall have been read three times, or three several eral days, in each house. Sec. 2. If two or more amendments shall be submitted at the same time they shall be submitted in such man ner that the electors shall vote for or against each of such amendments sep arately. Sec. 3. Whenever two thirds of the members elected to each branch of the general assembly shall think it nec essary to call a convention to revise, amend or change this Constitution, they shall recommend to the electors to vote for or against a convention at the next election for representatives; and if a majority of all the electors voting at said election shall h-tve vot ed for a convention, the general as sembly shall, at its next session, pro vide by law for calling the same; and such convention shall consist of a number of members equal to that of the most numerous branch of the gen eral assembly. ARTICLE XVII. 3IISCELLANEOUS MIATTERS. Section 1. No person shall be elect ed or appointed to any oilce in this State unless he possess the qualifica tions of an elector: Provided, that the provisions of this section shall not ap ply to the offices of state libarian and departmental clerks,to either of which offices any woman, a resident of the State two years, who has attained the age of 21 years shall be eligible. Sec. 2. The general assembly may direct by law, in what manner claims against the State may be established and adjusted. Sec. 3. Divorces from the bonds of matrimony shall not be allowed in this State. Sec. 4. No person who denies the existence of a Supreme Being shall hold any office under this Constitu tion. Sec. 5. The printing of the laws, journals, bills, legislative documents and papers for each branch of the general assembly, with the printing required for the executive and other departments of the State, shall be let, on contract, in such manner as shall be prescribed by lnw. Sec. 6. The general assembly shall provide for the removal of all causes which may be pending when this Constitution goes into elect to courts created by the same. Sec. 7. No lottery shall ever be al lowed, or be advertised by newspa pers, or otherwise, or its tickets be sold in this State; and the general as sembly shall provide by law at its next session for the enforcement of this provisicn. Sec. 8. It shall be unlawful for any person holding an office of honor, trust or profit to engage in gambling, or betting on games of chance; and any such cflicer, upon conviction thereof, shall become thereby disquali fied from the eurther exercise of the functions of his office, and the office of said person shall become vacant, as in ttie case of resignation or death. Sec. 9. The real and personal prop erty of a woman held at the time of her marriage, or that which she may thereafter acquire, either by gift, grant, inheritance, devise or other wise, shall be her separate property, and she shall have all the rights inci dent to the same to which an unmared woman or a man is entitled. She shall have the power to contract and be contracted with in the same manner as if she were unmarried. Sec. 10. All .laws now in force in this State and not repugnant to this Constitution shall remain and be en forced until altered or repealed by the general assembly, or shall expire by their own limitations. Sec. 11. That no inconvenience may arise from the change in the Constitu tion of this State, and in order to car ry this Constitution into complete op eration, it is hereby declared: First. That all laws in force in this State, at the time of tne adoption of this Constitution, not inconsistent therewith, and constitutional when enacted, shall remain in full force un til altered or repealed by the general assembly or expire by their own limi tation. All ordinances passed and ratified at this convention shall have the same force and effect as if includ ed in and constituting a part of this Constitution. Second. All writs, actions, causes of action, proceedings, prosecutions, and rights of individuals, of bodies corpo rate and of the State, when not incon sistent with this Constitution, shall continue as valid. Third. The provisions of all laws which are inconsistent with this Con stitution shall cease upon its adoption, except that all la ws which are incon sistent with such provisions of this Constitution as require legislation to enforce them shall remain in force until such legislation is had. Fourth. All fines, penalties, forfeit ures and escheats accruing to the State of South Carolina under the Constitu tion and laws heretofore in force shall accrue to the use of the State of South Carolina under this Constitution, ex cept as herein provided. Fifth. All recognizances,obligations and all other instruments entered into or executed before the adoption of this Constitution to the State, or to any county, township,ecity or town therein, and all fines, taxes. penalties and for feitures due or owing to this State or to any county, township, city or tcwn therein and all writs, prosecutions, ac tions and proceedings, except as here in otherwise provided, shall continue and remain unaffected by the adop tion of this Constitution. All indict ments which shall have been found, or may hereafter be found, for any crime or offence committed before the adoption of this Constitution may be prosecuted as if no change had been made, except as other-wisc provided herein. Sixth. All ollicers, State. executive. legislative, judicial, circuit. district, county, township and municipal, who may be in ollic-eat the adoption of this Constitution or who may be elected before the election of their suces-ssors as herein provided, shall hold their respective ollices until their terms have ex pired and until their succsssors are elected or appointed and qualified as provided in this Constitution, un less sooner removed as may b~e provi ded by law, and shall receive the com pensation now fixed by the statute laws in force at the adoption of this Constitution. Seventh. At all elections held for members of the general assembly in case of a vacancy, or for any other [QNTINUED ON PAGE FoUR.l