The Manning times. (Manning, Clarendon County, S.C.) 1884-current, January 09, 1901, SUPPLEMENT TO Manning Times, Image 4
Special Courts have been petitioned for and ordered under this Act.
In the absence of any other available fund I have paid the salary
and expenses of the special judge as provided by this Act out of my
contingent fund. It seems to me that if these Special Courts are
necessary, and are to be held, that the General Assembly should
provide a fund om: of which the salary and expenses of the special
judge should be paid.
There is 1, douibt that there is need for relief, for in many of tli
(onme the business of the Courts is very much congested, and
the de-iys which are occasioned in the termination of suits very
often cause parties to compromise and settle rather than go into the
urtrs. I know that it is frequently argued that the present ma
chinery is ample, and that the delays are caused by the judges not
pressing cases to trial, and on account of lawyers not being ready:
but we should remember that the number of Counties has been in
creased. Causes which are of sufficient importance to be carried
into Court should be considered with deliberation, and without
undue haste. so that justine may be administered. In Spartanburg
County alone there are now provided by law five regular terms of
the Common Pleas Court and six terms of the Sessions Court. Tha:
is an average of nearly one Court to the month for this County
alone. It seems to me that it would be in the interest of economy
and of the dispatch of the business of the Courts to increase the
number of circuits rather than to be holding these extra and special
terms. The addition of one or two circuits would not materially
increase the cost and would add very much to the speedy adjudica
tion of causes that are brought for trial. Under the present arrange
ment the circuit judges are kept on the circuit the greater portion of
their time, and have very little time left for the preparation of
opinions. This is a matter which deserves and should receive your
serious consideration.
LOCAL LEGISLATION.
In my last Annual Message I directed the attention of the Legis
lature to the inhibition contained in the Constitution against the
passage of local or special laws concerning certain subjects, and
called their attention ' the expense and evils of such legislation. I
desire again to call your attention to this subject, and also to a
recent decision of our Supreme Court, which has declared one of
these local laws unconstitutional. The Court in delivering its opin
ion on this subject in this particular case says: "In order that a law
may be general it must be of force in every County in the State, and
while it may contain special provisions making its effect different in
certain Counties, these Counties cannot be made exempt from its en
tire operation." It has been the custom of the Legislature in many
instances to pass a general law and then add a proviso exempting
certain Counties from its operations. Almost every County in this
State is an independent republic, with a separate and distihct County
government law, and at almost every session of the Legislature
changes and amendments are made, so that it is difficult to know
just what the law is in any County.
AMENDMENTS TO THE CONSTITUTION.
At the last session of the General Assembly two joint resolutions
were passed submitting to the electors of the State two proposed
amendments to the State Constitution.
The one proposed an amendment, to be known as Article i of
Amendments to the Constitution, to authorize and empower the
General Assembly to provide by law for the condemnation and
equitable assessment of lands for drainage purposes, to read as fol
lows: "The General Assembly shall provide by law for the con
demnation, through proper official channels, of all lands necessary
for the proper drainage of the swamp and low lands of this State;
and shall also provide for the equitable assessment of all lands so
drained, for the purpose of paying the expenses of such condemna-,
tion and drainage."
The other ~to amend Section 7, Article VIII., of the Constitution,
relating to Municipal Bonded Indebtedness, by adding at the end
thereof the following words: "Provided, That the limitation im
posed by this section and by Section 5, Article IV., of this Consti
tution shall not apply to bonded indebtedness incurred by the cities
of Columbia, Rock Hill, Charleston and Florence, where the pro
ceeds of said bonds are applied solely for the purchase, establish
nment, maintenance or increase of waterworks plant or sewerage
systenm; and by the city of Georgetown, when the proceeds ql said
bonds are applied solely for the purchase, establishmen#, main
tenance or increase of waterworks plant, sewerage system, gas and
electric light plants, where the entire revenue arising from the
operation of such plants, or systems, shall be devoted solely and ex
clusively to the maintenance and operation of the same, and where
the question of incurring such indebtedness is submitted to the free
holders and qualified votei s of such municipality, as provided in the
Constitution, upon the question of other bonded indebtedness."
Both of these proposed amendments were adopted by a majority
of the votes cast in the general election.
In, the latter there seems to have been a mistake made, and in
stead of referring to Section 5, Article X., the amendment is made to
refer to Section 5, Article IV., of the Constitution, wvhich reads as
follows: "Section 5. A Lieutenant Governor shall be chosen at the
same time, in the same manner, continue in office for the same
period and be possessed of the same qualifications as the Governor,
and shall, ex officio, be President of the Senate."
It was the purpose of the amendment to have relation to Section 5
of Article X, of the Conistitution, which, so far as it relates to this
subject of municipal indebtedness, reads as follows: "The bonded
debt of any County, township, school district, municipal corporation
or political division or subdivision of this State shall never exceed
eight per centum of the assessed value of all the taxable property
therein. And no County, township, municipal corporation or other
political division of this State shall hereafter be authorized to in
crease its bonded indebtedness if at the time of any proposed in
crease thereof the aggregate amount of its already existing bonded
debt amounts to eight per centum of the value of all taxable property
therein, as ascertained by the valuation for State taxation.
"And wherever there shall be several political divisions or munici
pal corporations covering or extending over the samie territory, or
p~ortions thereof, possessing a power to levy a tax or contract a debt.
then each of such political divisions or municipal corporations shall
so exercise its power to increase its debt under the foregoing eight
per cent. limitation that the aggregate debt over and upon any ter
ritory of this State shall never exceed fifteen per centum of the value
of all taxable property in such territory as valued for taxation by the
State: Provided. That nothing herein shall prevent the issue of
honds fer the purpose of paying or refunding any valid municipal
dlebt heretofore contracted in excess of eight per centum of the
assessed value of all the taxable property therein."
Whether or not this error is fatal to the amendment proposed is :a
matter for your consideration. I have felt it my duty to call the facts
to your attention, for in order that the proposed amendments shall
have the force of law they require ratification by your honorable
bodies.
A year ago I sent a Message to the General Assembly, trans
muitting a memorial of certaiin citizens-Messrs. Edward McCrady,
T. R. McGahani and others-in regard to the draining of our swamp
lands.
The message and memorial were referred to a special joint comn
utite of;+he two T-Tusce but no action wa taken dlirectly upon the
subject, because, as it was understood, it was found that under the
Constitution there was no power in the Legislature to tax or assess
lands for drainage purposes. Inasmuch as an amendment to the
Constitution for this purpose has been approved by the people, and
is now before you for final action, I earnestly recommend this matter
to your consideration, and should the amendment to the Constitu
tion of which I have spoken be approved and finally enacted by you
at this session I again recommend, as I (lid last year, the establish
ment of a commission to take the subject into consideration, to study
it thoroughly and to devise and suggest a scheme, if practicable,
commensurate with its importance, to inaugurate and carry out this
great work.
As I said last year, the matter which has thus been broached
should no longer be allowed to rest. These low lands must some
day be drained, and this area of miasma and death be converted into
a rich and healthful agricultural area, thus adding immensely to the
taxable property of the State, and affording a section which will in
vite the immigration of industrious and frugal people, who will seek
it alike for the salubrity of its climate as for the fertility of its soil.
I invite your attention to the memorial upon the subject which you
will find in the journals of the last General Assembly.
APPORTIONMENT OF REPRESENTATION.
Section 3 of Article III of the Constitution provides that, "The
House of Representatives shall consist of one hundred and twenty
four members, to be apportioned among the several Counties ac
cording to the number of inhabitants contained in each. Each
County shall constitute one election district. The enumeration of
the inhabitants for this purpose shall be made in the year 1901, and
shall be made in the course of every tenth year thereafter, in such
manner as shall be by law directed: Provided, That the General
Assembly may at any time in its discretion adopt the immediately
preceding United States Census as a true and correct enumeration of
the inhabitants of the several Counties, and make the apportionment
of Representatives among the several Counties according to the said
enumeration." Under this provision of the Constitution it becomes
your duty either to order an enumeration of the people of this State
for the purpose of apportionment, or to adopt the enumeration as
made by the United States last year.
For your convenience I give herewith the population of each
County according to the official count of the returns of the Twelfth
Census, taken as of June i, i9oo, by the United States Government:
Abbeville.. .. .. ....33,400 Greenwood..........28,343
Aiken.. .. ......--- 39,032 Hampton............23,738
Anderson. .. .. .. ....55,728 Horry..............23,364
Bamberg .............17,296 Kershaw.............24,696
Barnwell.. ....- -.35,504 Lancaster............24,311
Beaufort..... ..35,495 Laurens .. .. .. .. .. 37,382
Berkeley.. ..........30,454 Lexington...........27,264
Charleston .. .. .. .. ..88,oo6 Marion... 35,181
Cherokee. .. .. .. .. ..21,359 Marlboro...........27,639
Chester.. .. .. .. .. .. 28,616 Newberry...........30,182
Chesterfield.... .. ....20,401 Oconee............23,634
,Clarendon .. .. .. .. ..28,184 . 59,663
Colleton. .. .. .. .. ..33,452 Pickens............19,375
Darlington.. .. .. .. ..32,388 Richland... . .45,589
Dorchester.. .. .. .. ..16,294 Saluda.............
Edgefield. .. .. .. .. ..25,478 Spartanburg..........65,560
Fairfield.. .. ... .. ....29,425 Sumter............51,237
Florence.. .. ...... ..28,474 Union............ ..25,501
Georgetown. .. .. .. ..22,846 Williamsburg.........31,685
Greenville............53,490 York.... .. .. ....41,684
INSURANCE EXAMINER.
In my last Annual Message I called the attention of the Legisla
tureto he mpotanc ofan nsancstexamine. I repeat ..2,3e
ever- yertoinsuancecomp Nieerrations. obtain - f--3o18
the tat therigttodousinss n e Sae. and the Stat has..3,63
to th peoleaainsbogscocens.. All reutbl ..o..p.19,37
andtheliens fes aidtoheSeaunted to $228... -5,23
Inea to $2astAnnu assg yo maylee from athen r of the gsa
rComptolerdto henl mae. Fire for tfe asueranne bae given
nodess, root possibur people n huad fdlasaepi u
evr imprtamsurance coalues. Thedseopoain Surveyin ronc
tion wth the devel opmnofbsns ant State, and are Ste verrte
it , inpect indsupeable their complet utiliztion ofecurte roturalo
reoures pofl aanst ou conernseptbecopne
Menl ae ever re ay toc inpeolo nd uhfradayidsr
ofa proieta may e inidealyorh acentally thiscusiered IBdsir
the atlvur reoe o ah ct tae ntr awere, apparent, certainly
note alway onciden isurface-canee doing busey, the avrae Stane
woud theldomensevepadt the Espealli amuthis truoi the45-8 caseo
minal dpoits colet from te peopleaindpremiumsamountedathat
Coptreu r to ea.Teiueo the esalsmnpfisGooast yearvnoe geng
mneyuc was expenedort sarcno yetbee copleed; rout they orillabe
nvof is ndpoidly emore.hv ad oeta h etr oto
epracadvle of agoodeologyhsbescud;alitsmical urves, nd gasec
grope with thendevelopenht cfany nowate cscrely the inrteen
use is, indeed sindplesalts oacmlttliainol the Saesry.Tyknwdfnterl
weores of xecnyl Stao coalntry.oadth rl snoetdw
Men are experient, nor tare oneyo and time fowatd iny haphazary
ris andis aetury e. icdnal racdnal icvrd u
not as deadooa n the succdeenweeutey cnuthef anyag busn
woul syseaeld laborven te.Eeryysthingms roce upn the asiso
ofneraeoied, Ivtudas plns estited less ineessyvoana
proeru deeopth ofastablshentuail resourgcels. reeog
money mineraxpendustrinssearching Stat cae anw reoning henorder
ayof ationdivda oo Survey wold uoubthntel entire cost in
cealal elpgiand enuraeesoft he State of thoouh Carol
isdby o mes eficienta ien scrlt mineral zoatbt utwa nexploeda
authoize blsurhve beme. Accurae frmppe rnesutnt nomoner
value of sucho Surve, hat annowtbicseued be plae intelligns
uof tesiple aesults enable Stheto recognizey anow efiielyc
natralreoupe otgs noal eve ironn tohe din is tene Aon
imts wmeredexeientor mneoia and eological stud haphzad
Wrk ioschoolsnded ollgeheein e theysccssarendc o nbsieed
rasthemtinigifiantr and fvenrthinsequenpced thepong hen-si
pero bevpeparedntof atae' natural prsoauircest nted
oTheno hinr inautieste og this enae now theceivnwar contier
aetentiornl, and agrdtural, anud mnufaturin proress.in
caluhbl Unielp Saes Genrgment. unihen State Souhad.in
diial onuc torvy tate Survstais wuh betaed thele putd
inowork-inurscostn colles, sieraye morean te qusire
of State expenditures or increased State tax could not, therefore,
conflict with popular desire.
I submitted this matter to the last Legislature in a Special Mes
sage, and the importance of the subject is such that it deserves con
sideration at your hands; and if you do anything looking to the
accomplishment of this work it will be a valuable contribution to the
development of the natural resources of the State.
THE SOUTH CAROLINA INTERSTATE AND WEST IN
DIAN EXPOSITION.
By a congurrent resolution adopted at the last session of the Gen
eral Assembly of this State the South Carolina Interstate and West
Indian Exposition was heartily endorsed, and the advancement of
the great project was earnestly commended and urged upon- the
entire people of our State.
Encouraged by this spontaneous action, the projectors of the
enterprise went to work with great energy, and a chartered corpora
tion was organized, with a proposed capital stock of $250,ooo, of
which amount nearly $200,000 has already been subscribed.
The Exposition has been extensively advertised throughout the
United States, and the indications are that it will be largely patron
ized. It has been officially noticed in the recent Annual Messages
and otherwise by the Chief Executives in several of the States of the
Union, and it is hoped will receive substantial encouragement from
those States. A bill appropriating $250,000 for a Government
exhibit at the Exposition is now pending in the Congress of the
United States, and has passed the Senate.
Not only will the industries and resources of our own and neigh
boring States be brought to public notice, but those of the West.
Indies as well. It is intended especially to afford to the agricultural -
and manufacturing interests of our State-an opportunity such as has
never before been enjoyed, of publishing to the world their extent,
value and importance. A very eligible site, embracing some one
hundred and fifty acres, on the shores of Ashley River, in the City
of Charleston, has been secured, and the work of construction has
been commenced. The plan and scope of the undertaking has been
made so familiar to all that it is not necessary to enlarge on the same
at this time.
Application has been made to the State of South Carolina for an
appropriation of $5o,ooo to assist in developing the Exposition, and.
I commend this -appeal to your favorable consideration. The State
of New York voted the sum of $3oo,ooo in aid of the Buffalo Expo
sition; and the State of Nebraska appropriated $150,ooo to the
Omaha Exposition; and the State of Tennessee voted the sum of
$5o,ooo in aid of the Nashville Exposition, and the amounts so ex
pended were returned manifold to the people of the above named
States in the results attained. In view of the fact that our State has
heretofore made liberal appropriations for the Expositions held at
New Orleans and at Atlanta, the appeal in behalf of our own Expo
sition comes with great force.
MEDICAL COLLEGE.
The Medical College of the State of South Carolina, though not
a State institution, has again placed at the disposal of the Governor
several scholarships, one from each Congressional District, which
carry with them free tuition. The appointments were made by me;
and I beg to commend the liberality of this institution and the good
work it is doing for the State.
PHOSPHATE DEPARTMENT.
The royalty received by the State from the phosphate beds is not
so much for the past year as it was for 1899. In 1899 the State
" received $34,928.69. In 19oo the State received $21,331.36. This
does not mean that there has been less rock mined, for the Inspec
tor's report will show to the contrary, but is owing to the inability
of the companies mining to secure transportation for the rock, as
there arc now about 70,000 tons in the vicinity of Beaufort ready for
shipment. There have bqen a number of inquiries to the Phosphate
Inspector from capitalists out of the State, asking about the location
of the phosphate beds, and especially of the river deposits. A map
showing the State's phosphate beds might be worth a great deal to
South Carolina. I would recommend that you appropriate the sum
of $I,ooo.oo for this purpose, to be expended under the direction of
the State Board of Phosphate Commissioners, and that you appro
priate the sum of $30o.0o to pay the per diem and necessary expenses
of the State Board of Phosphate Commissioners. For further infor
mation regarding the Phosphate Department I would refer you to -
the full and complete report of the Phosphate Inspector.
SINKING FUND.
Your attention is directed to the report of the Commissioners of
the Sinking Fund. The following summarized statement shows the
amount of Sinking Fund assets, and how invested:
Statement of Assets of the "Ordinary Sinking Fund" on Dec. 31,
1900:
Dec. 31, 1900- Loans at 5 per cent. to Counties......$3,5oo-oo
Dec. 31, 1900. Cash Deposited in Banks,
Dec. 31, 1900, belong to Escheated Es
tates.. .... .... .... .... .. ....$ i,697.oo
Dec. 31, 19oo- Belonging to Sinking Fund
proper.. ........ ......:.. ....... 13,37483- 15,071-83
Dec. 31, 1900. Amount of Assets of "Ordi
nary" Sinking Fund.. .... .... .......$50,571.83
Statement of assets of the "Cumulative Sinking Fund" on Dec.
31, 1900:
Dec. 31, 1900- Permanent investments in S. C. 4 1-2
Brown and Blue~Stock.. .... ....$ 35,728-56
Dec. 31, 1900. Loaned to Counties at 5 per' cent. in
terest.. .... .... .... .... .... 106,94.83
Dec. 31, 19o0. Loaned to Commission for completion of
State House at 4 per cent-.-.--.-..-.-5,500.00
Dec. 31. 19oo. Deposited in Banks at 4 per cent, in
terest, payable monthly, but unse
cured, except by the credit of the
Bank wherein deposited. ... ... 241,030.84
Dec. 31, 19oo. Total amount of assets on Dec. 31, 1900 -$389,202.23
Attention is called to the manner in which the character of the
Sinking Fund loans have changed with the raising of the rate of
interest from 4 1-2 per cent. to 5 per cent.
The reports of the Comrnissioners of the Sinking Fund from 1896
to 190o as to the Cumulative Sinking Fund show:
That on Dec. 31, 1896, there was loaned to banks, at 4 1-2 per
cent. interest, and secured not only by the credit of the bank, but also
by a deposit by the bank with the State Treasurer, as collateral se
curity, S. C. Brown 4 I-2 per cent. Bonds (of face value same as
amount of loan), $173,984.22, and deposited in banks at only 4 per
cent, interest, unsecured, except by the credit of the bank wherever
deposited, only S2,816.03
On Feb. 25. 1897, the law was changed authorizing the Fund to
be loaned to Counties at 5 per cent., which was also the rate of in
terest on all loans. At the time of the passage of this Act nearly all
the Fund1 was loaned1 to banks at 4 1- per cent., secured not only by