The Manning times. (Manning, Clarendon County, S.C.) 1884-current, December 25, 1895, Image 1
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