The Wateree messenger. (Camden, S.C.) 1884-1942, November 19, 1895, Image 1
CHAS W. BIRCHMORE PROP!
5| I
?
Diligent Shall Rule."
TERMS $1.50 a Ytai* In A
loi^ggxms
CAMDEN, KEHMW COUNTY
s. c.. turstTav
NOVEMBER^ irq-.
CORPORATIONS
IHjB CONVENTION OISCU8SE8 TH*
/ % ARTICLE THEREON.
? "? "? <*: v ;
' ' > ??$
ProvUlon*
A New ' and ImporUat
Cur?ru11y Uevle?f?4r>Wlt?t Wmm Said M
?Jtftr
Columbia. Nov. 11 .-=Speoial :
. lA^hefc the Co* veulion passed off from
the subject of lynching and lynchers,
it proceeded to the consideration of
the artiole on corporations. Section 1
was adopted, as follows:
. ? Section 1. The term corporation as
. used in this article includes all asso
ciations and 3?lnt stock companies
having powers and privileges not pos
sessed by individuals or partnerships
and excludes municipal corporation si
BBOTlbir.TWO.
When section 3 was called up, Mr.
*?' Gage said that section 86 in tft$ article
. 4 on the legislative department cover ed
the same matter m uclimoro fully and
he moved to strike the section out.
? ' Mr. Johnstone said that this was the
most important section in the Whole
. articlo.
Considerable objection was made to
the motion and it was withdrawn by
" Mr. Gage.
The seotionwas then adopted as fol
lows:
Section 2. No charter of incorDora
tion shall be granted, ohanged' or
.fended by speoial law except in the
ft. tca^ .pf such charitable, penal or re
1 formatory corporation h as may be un
der the control of the State, or may be
moVlded for in this Constitution; but
the legislature shall provide by gener
for changing or amending
existing charters and Tor the organi
sation of all corporations hereafter to
. be created, a|ijtiMijwwh law so passed
y Jewell as all charters riOw existing or
hereafter created, shall be subject to
future repeal or alteration.
' A V , : ^?O^QN THIIK15.
i. Wh^^ection 3 was taken up, Mr.
orth moved to strikeout the
id telephonV" Telephone
did not frimsmit messages,
es moved to table the amend
the convention refused to
worths amendment was
by a vote of to 87.
>kes then amended it by plac
the word 4 'companies' ron the
le the words "and other trans
oompan|e%";
or Tillman m
? , moved to amend by
t&& end of the section the
- "on.pBenator.Till
- <,? getting
a^enadopt^te
*
m
com
ng it from ^
mon law liability and taxation.
Fending discussion of this amend
ment, the Convention, on motion of
Dr. Stoke#, totok * recess till 5:80, p.
n\. . -y* /?> ?Jj? ' i( %
m
At the. afternoon session section 4.
was discussed at some length, but, on
motion of Dr. Stokes; was passed over
till to-morrow. ;
.'?Section 3 was then recurred to, and
Dr. ' Stokes offered the following sub
stitute, to be printed in the journal:
Sec. 8. All railroads and roadways,
. ,capals and, other, waterways used in
. , , whole b* inpartby corporation for the
transportation of persons or freight for
hire and public highways, all railroad
express, sleeping car, canal and other
corporations engaged in transporta
tion for hire and all telegrapu and
v othjer cqporations engaged in the busi
L". .n(MM of transmitting intelligence for
hiife are common carriers on their re
, speotive lines of business and are sub<
iect to liability and taxation as suoh.
It shall be unlawful for any suoh cor
poration to make any contract reliev
ing it of its common law liability.
Mr. Lee then sent up the following
amendment thereto, which was alto
ordered to be printed in the journal :
, f ( Add "or permitting the same
The section was then passed over till
today.
I , 8BOTION FtVB
Was amended on motion of Dr. Stokes,
and passed in the following shape :
Sec. 6. No discrimination in charges
or facilities for transportation for tne
same class of freight or passengers
within this State for the transmission
of intelligence, or coming from or go
ing to any other State, shall be made
by any railroad or other transportation
or transmission company between
places or persons and no railroad or
transportation oompany shall charge
a higher rate per ton per mile to any
* station, landing or port in the State,
for the transportation qf any class of
freight, than the said company or cor
poration charges on the same class of
? freight to. My station or landing or
portof this Stale. Persons and prop
erty transported over any railroad, or
by any other transportation company
or coporatlon, shall be delivered at
any station, landing or port at charges
> ttoot exoeeding the charges for the
i transportation of persons and proper
' ty of the same class, in the same di
rection, to any more distant station,
landing or p6rt. Excursion and com- |
mutation tickets may be issued at spe
cial rates. ;; j
HKOTION SIX
was then called tftp, and Dr. Stokes of
fered this substitute:
Sec. 6. Any xailroad or any other
transportation corporation, and any
p': telegraph or other transmitting corpo
ration organized under the laws of ihis
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 erots any
. Other railroad, street railway, trans
or discrimi
fOHOWs:
other trans
no telegraph
company, or the
managers of any
such corporation, shall consolidate the
stock, property or franchises of such .
corporation with, or lease or purchase
the works or franchisee of, or in ai
way control, any other railroad
other transportation company and 1
telegraph of other, transmitting ct
pany owning or having under its.*
trol a parallel or competing line; and
the question whether railroads or oth
er transportation companies or tele
graph or other transmitting companies
are parallel or oompeting lines shall,
when demanded by the party com
plainant^ be decided by a jury as In
other civil causes.
SUCTION KIOHT.
Section 8 was called up, and Mr, J.
L. Glenn offered toamend by insert
ing after the word "State" on line sbc,
the words . "unless the railroad so op
erated or leased is owned by a corpora
tion chartered by the laws of the
State."
Mr. W. B. Wilson then moved to
table amendment, after stating his
reasons therefor. .
Mr. Glenn-t-My position is not as he
would have you believe. If a corpo
ration owning or leasing a railroad ,
under the decisions of our courts that I
corporation cau be sued and held ?re
sponsible. .
Mr. Henderson? Suppose the corpo- ,
ration in this State is insolvent and|
you wish to reach the outside compa
ny?
Mr. Glenn? All judgments come be
fore bonds and mortgages and I have ,
no idea whatever of throwing those
oases in the United States courts.
Mr. Johnstone? I would not for a,
moment soek to throttle the rai Loads
of this Sitate, but I am opposod- to'
them becoming the masters or our peo
fiie, and I agree with#tde gentleman
rom York that we should force them
to take out^ charters in this Stato so
that they will be amenable to our laws.
Mr, Prince said he could see no rea
son for this measure.
Mr. Johnstone then spoke again and
said that there were really only two
constitutional principles involved in |
the whole article. Ono was the sec
tion embodying the statueof 1841. He
wanted to know why they wanted to
take the cases to the United States
courts.
Mr. Prince answered that it \yis to ;
let a railroad get justice in a country |
where the jury was not influenced by
the local plaintiff. j
Mr. Jonnstone said that the other [
day Mr. Paince was an earnest sup
porter of local self government.
Mr. Prince? In criminal matters,
whioh are very different indeed.
Mr. Johnstone was heartily with
the gentleman from York. They
should not think that he was a vulga
rian opponent to either corporations
or capital. There was quite a tilt be
tween Messrs. Johnstone and Prince
about the United States courts- -
Mr. W. B. Wilson once more spoke
very earnestly on the same line. If
they passed this matter they would
prevent any such corporation coming
in in the future. It will restore old
ri got them into line again
em^tomestic corporations.,
1 Til/fetm? Suppose y0u do
vmimK in in the &turC> >
Mr. Haynsworth made a fev^ re
marks and then Mr. Prince's mption
to table the section was voted down.
Mr. Glenn's amendment was thenj
tablMi r \
Senator Tillman offered to amend by
inserting after the word "operated'1
on line three the words "or is now be
ing operated in the State" which wad
?ggfefhUo. ...
The section was then adopted as fol
lows
Section 8. The general assembly
shall not grant to any foreign corpo- ,
ration or association a license to build |
operate or lease any railroad in^his
State ; but in all cases where a railroad!
is to be built or operated or is now be- 1
ing operated in the 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 foreign
corporation or association lease or op
erate any railroad in this State unless
the railroad so operated or leased is
owned by a corporation chartered by
the laws of this r.tate, or purchase the
same, or any interest therein. Con
solidation of any railroad lines and
corporations in tnis State with others
shall bo allowed only where the con
solidated company shall become a<
domestic corporation of this state. No
general or special law shall eyor be'
passed for the benefit of any foreign
corporation operating a railroad under
an existing license of this state or un-1
der any existing lease ; and no grant
of any right or privilege, and no ex
emption from any burden, shall be
made to any suoh foreign corporation
except upon the oonuition that the
owners or stockholders thereof shall
first organizo a corporation in this
State under the laws thereof, and shall;
thereafter operate and manage thej
same and the business thereof under
said domestic charter. '
HROTION NINK.
Mr. Stokes moved the addition of the;
following:
Section 0. Nothing prohibited, by
this State shall be permitted to be done:
by any ooporation or company or per-;
son or persons, either for its or tneir
own benefit or otherwise, by its or!
their holding or controlling in its or
their own name or otherwise or on the
name of any other person or persons
or other ooporation or company
whomsoever, a majority of the capital
stock or of bonds having voting power,
of any railroad or transportation com
pany or corporation created bv or ex*,
isting under the laws of this State, or
doing business within this State.
He withdrew this in order to make
it Motion 20. . I
Section 9 was taken up and the word
"special" was put in before the word
"charter" in the first line, on motion
of Mr. Stanyarne Wilson.
Mr. Oliver offered the following to
go at the end of the section : I
The general assembly shall provide
for the section of a State bank exam
iner, and define the duties and powers
of such office. Said officer shall re
ceive such compensation as may be
, fixed by law.
Mr. Oliver related the dangers of
banking sohemes being operated with
out such a provision. He made hto
first speech before the convention and
m?d* a most favorable impression.
Dr. Smith of Barnwell .thought the
Idea was * good one . His little town
had lost ftn,000 in a wildcat soheme
about which it could got no informa
tion.
um ? % .
> Mr. George Johnstone ?uggested
that the State did not have sufficient
banks to k<*>p a 4 'bank examiner" em
ployed.
Mr. K. D. Loo wanted some further
restrictions thrown around the office.
The amendment was agreed to and
the whole section was then adopted in
the following shape :
Section ?. The general assembly
?hall have no power to grant anvspe
oial charter for banking purpose^ but
corporations or associations may be
formed for such purposes under the
general laws, with such privileges,
gmere and limitations not inoonsis*
nt with this Constitution as it may
'deem proper. The general assembly
shall provide for the eleotion of a
State bank examiner, and define the
duties and poweis of such office. Said
office shall reoeive such compensation
as may be fixed by law.
section ten . ^ fl
Was slightly amended, and was
passed in the following shape;
Sec. 10. Stock or bonds shall not be
issued by fcny corporation save' for
?ly received or subscribld, and^alfticU
.oious increase of stock or indebted
ness shall be void.
SECTION ELEVEN.
Section 11 was thenoalled up, Dr.
Stokes explaining the meaning Qf the
section, which he said was to allow
minority representation in voting.
This had been found in a good many
constitutions. The section was adopted
in the following shape:
Boo. 11. The general assembly shall
provide by law for the eleotion of di
rectors, trustees or managers of all
corporations by the cumulative
Elan ; that is to say, so that oach stock
older shall be allowed to cast, in per
son or by proxy, as many votes as the
number of shares he Owns multiplied
by the number of directors, trustees
or managers to be elected, the same to
be cast for any one candidate or to be
distributed among two or more candi
dates.
SECTION TWELVE
Sec. 12. Corporations shall not en
gage in any business except that spe
cifically authorized by their charter or
neoessarily incident thereto.
8H0TI0N THIRTEEN
was adopted as reported by tho oom- j
mitteo as follows:
Sec. 18. The general assembly shall j
enact laws to prevent all trusts, com
binations, contracts and agreements
inimical to the public welfare and to J
prevent abuses, unjust discrimination
and extortion in all charges of trans
porting and transmitting oompanies,
and shall pass laws for the supervision
andjregulation of such companies, by
commission or otherwise and shall pro
vide adequate penalties, to the extent,
if necessary for that purpose, of forfeit
ure of their franchises. ^
SECTION FOURTEEN, v ^
Mr. Breazeale moved to strikeout sec
tion 14. Lost yeas <54; na y* >
Dr. Stokes offered soli
amendments, which being adopted*
Motion passed in the following shat
tion 14 . A commission is hem:
?t, tote knows H
commission, wh\oh;
nombers tlie^MHklbe elected]
e expiration of tlMfcerms of thef
ant railroad , commission, who are]
by continued in office for the
tjpijins fpr whioh they were elected, aw
until otherwise provided by law, the I
commissioners shall nave the
e powers and jurisdiction, perform |
same duties and receive the same
pensation as arid now oonferred,
iribed and allotted by law to the 1
railroad commissioners,
ogthe consideration of section
rhe Convention, on motion $f
Camel, adjourned.
SECTION FIFTHKN
Umbia, Nov. 12.-? Special: The
ntion got promptly to work
ling? rssuming theconsidera
le article on coporations.
landing question was the mo
Mr. Fitoh of Oharleston to
t section 15, which read as (
Co
Oon
this
tion
Th
tion
strike
follow
Sectio
corpora tJon
doing business in
any
this
rights and reme
jury suffered by him from
15. Every employee of an
State si i sill have t(ie
dies for ii
the act orjomission of suoh. corpon
or its eUii>loyees ay arq, allowed by law |
# mission of suoh corporation
to other1 fcersons not employees. "And
when de(
to an em
represents
hay e the
are allowe
tives of oth
or agreemel
made by an1
benefit of
and void.
enshses from "any injury
yee the legal or personal
ve of such employee shall
? rights and remedies as
by law to suoh repreeenta
ir persons. Any contract
t, expressed or implic
employee to waive the |
lis section shall -be null
HUBHTITUTK.
outset Mr. W. B. Wil
the following substitute |
At the ver
son offered
for section 1
Sectidn 15 J Any employee of
railroad corporation snail have
any
the
samo rights a*id remedies from any in
>y him from the aots or
suffered
omissions of
employees as
other persons j
injury results
superior agon
son having the;
reot the sevvi<
and also when
the negligence
gaged in anotl
from that of tl
fellow servant
or one engi
ofWortr.
yee injured ;oH
character or !
lohai
eni
ery, wayl or
fenoeto an
thereby, e*<
ongineers 1
unsafe cars o
e rated by the
from any in J
legator
person
rights and _
law tosuolireprese
persons.' Any oon
express or implied,
ployee to wait* the
tion shall be null
section shall not
prive any employ
or his legal or per?_
of any right he now
the land.
The general tonem1
the remedies herein
any other oases of em
?OMfe DEB
Mr. .. Ragsdito said
mend matters by
manifestly unju*
to both the orlgthal a
corporations or its
are allowed by law to
ot employees, when the
rom the negligenoe of a
an offioer or of a per
right to oontrol or di
s of a party injured,
be injury results from
a fellow servant en
r department of labor
\ party, injured, or of a
another train of oars,
bout a different piece
ledge by suoh emplo
he defect or unsafe
n of any machin
oos shall be no de
for injury ?an sod
to oonduotOrs or
of dangerous or
s, voluntarily op
hen death ensue*
employees, the
r feeof the
.11 have the same
as are allowed by
tativesof the other
t or agreement,
made by any em
benefit of this sec
nd void and this
oonstruedto de
of a corporation
tative
the law of
SS
may extend
vided for to
oyees.
m
could not
_ provisions
was opposed
the ru statute.
expected wit- a).
could
claim against a
?errant b*d ad
wr. Theyoould
or a servant, ex
&noy-njpmethi ug
wd* The rale as
a extended as far
i iras putting too
fcuSsgr
equate!
not deft
oept in
thateoi
to ne?l
as it wx
much c
superior.
xar. nenaeraon asK?a?rt uates,as a
member of the oommitt^ "way he, had
presented a report thai He admitted to
be purely legislature In nearly all par
tioulars.
Vs.
Mr. Stanyarne Wilson theft argued
that it was simply to put the employ
es on the same plane as passengers,
Mr. IX B. Henderson n ov<;d to in
definitely postpone the whole. Lost
yeas 52, nays 08.
Mr. Henderson moved to strike out
the last sentenoe to th6 substitute read
ing "The general assembly may ex- ,
tend the remedies herein provided for |
to any other olass of employees."
Mr. Otts moved to table) this amend
ment, which was done. \ 1
Mr. Ragsdale said the substitute was |
less objeotionable than the original
and should pass for th^t'rj
Mr. J. L. Glenn moved
the words "or one enj
ate piece of worlc."
tabled. on motion of , ? ? .
The substitute of M*. W. B, /Wilson
was then adopted attd clinched on
motion of Dr. Stokes. 1 y
Section sixteen was then taken up
" moved to!
'article"
and Mr. Stanyarne Wilso.
strike out all after the wo
on the third line.
Mr. W. B. Wilson said
nothing which they oould
OonBtitulon that would ?
capital away from the 8
It was throwing an unnec
in the way of the mate&
upon which the State was
inar .
The amendment was ad
then the section went thro
shape:
Section 16. All existing 6.
grants of oorporate franoh
whioh organizations have
faith takeh place at the
this Constitution shall
the provisions of this ar_
The portion of the secthw
out read as follows : -.M
I 1 'And all such charters un?
organisations shall not in g<
take place and business be
within one year from the
this Constitution shall th
no validity."
Section seventeen was
fallows i
Section 17. The general
shiul never remit the forfeit
fraachfue of any oorpoi
chartered, nor alter nor
oharter thereof, nor pass u.
or especial law for the bene
corporation, except upon
tion that such corporation
after hold its charter anu ,
subject to the provisions of L
stitutiont and the reception
corporation of any provision
such laws, or the taking of an;
or advant^e from the same
conclusively held an a
such corporation to ho
aftd franchise under the
this article. ?
Akotio vt waimo sm.
This section fixed the 11a'.. _
stockholders at the amount 0
?hares. Mr, Stanyame Wilson
to add "and five per oent, addil
Mr. Ira B. .Tones .thought the
ire was
. in this
frighten
as this,
block
>ted and I
in this
snouid be left to the general assembly.
Mr. George Johnstone said he could
give them the history of this act
known as the "5 per cent, act." They
, had adopted this act because the radi
cal rag required it. The gentleman
from SparUiuburg speaks of creditors.
The,creditcfn inquire into the credit of
the person to whom they are extend
ing it Can't the individual inquire
into the condition of the corporation ?
wwui/ uiey can. Yesterday wo
incorporated a provision for a public
examiner to inquire into the condition
of the corporations. That is the very
best method to oontrol the corporation.
Others should be considered. Look at
the orphans and widows and women
of your land; almost invariably their
scant/ earnings are invested in these
corporations, because they can act be
oome active bgents in business. And
here it* is sought by the gentleman
from Spartanburg to have the invest
ors. responsible^ almost entirely re
the bantawa,nt to bo relieved o? th*
responsibility? It is a sound tru^H
fund, and they ought to be liable for
something more than their stock. "' If
thoy get in a shaky oondition tlie
Stockholders are th'o first who know
anything about it. What considera
tion does the depositor receive for de
positing his money t Very rarely
anything. These stockholders are the
owners of the bank, and if they tike a
man's money and lend it they should
be responsible for it.
' Dr. Timnierman? As a rule banks
don't do business on the money of the
depositors. They do it on the capital
stock, and when we undertake to say
that stockholders shall be responsible
we virtually drive out banks. No
nian of sense would put his money in
a bank if this prevailed.
Mr. Stanyarne Wilson offered the
following as a substitute for the whole
matter :
Section 18. Debts of corporations
shall be secured by such individual
liability of the stockholders and other
means as may be prescribed by law.
? f f?*. Wilson spoke in favor of his
substitute.
- Mr. W. J. Montgomery thought no
stockholder would take stock in a{
bank if this provision was in force.
He was in favor of Mr. Stanyarne Wil
son's amendment. We could not tell
What restrictions would have to be I
8 Uced upon banking institutions in
ie future. They were doing as much
for the State today as any one thing
in the State. Every one would ac
knowledge that the establishment of
local banks had been the means of do
ing away with the ruinous commission
business, enabling the farmers to run
on a cash basis.
Mr, Montgomery said he was always
in favor of regulating so as to control
corporations, Dut he did not wish to
pass measures to choke them off. At
the banquet last night there was much
talk about the iuturo prosperity of the
State, thefy should not now try to
keep such institutions out of the State.
Tt was a part of the history of South
"" rolina that, without a bank examin
there were fewer failures of banks
South Carolina than "anywhere else,
other point was that tnese institu
R are not making more than a rea
bio rate of interest on their money
vestment. If they made less money
people would not go in them at all.
> people were afraid of taking stock
wnicn there was any considerable
bility. This puts every corporation
nd we ought to have more of them
>n Its good behavior, and puts
ney hi a shape that the taxgather
e Convention at this juncture took
ets antil 7:30 p. m.
t the night session section IB was
'n taken up, the pending question
*Mr. Wilson's substitute.
fi Stokes moved to table the Wil
sub.Uitute- -which was done,
ere was then further debate, by
s. Henderson. Stokes, Johnstone,
and J <co.
Smith moved to lay Mr. W. B,
's amendment on the table, but
drew to allow Mr. W. B. Wll
speak.
: Gfage was just saying the ques
' Id Seen beclouded by injecting
A**e matter of the probability or
banking system being rees
, when the. Stokes interrupted
previous question was then
Mr. Johnstone first offering
dmcnti
18. Every stockholder in a
mmrr.' ?
[OONTINUBO ON PAG* FOUB.l
PUBLIC EDUCATION. ~
THE CONVENTION TAKES UP THAT
IMPORTANT MATTER.
A Lengthy ami Interesting DltcuMlon of
the Artlolo ua Submitted by the Commit- ,
tee.
Columbia, Nov. 13.? The conven
tion this morning commenced the
consideration of the article entitled
"Education. v Thfe first section weut
through without debate, in the follow
ing form:
Section 1. The supervision of pub
lic instruction shall bo vested in a
state superintendent of education, who
shall be elected for a term of two years
by the qualified electors of the StaA
in such manner and at such tyii*
the other State officers are
powers, duties and oompaa
je defined by th
Si
- m-' p"m ? ?
SECTION THRKB. {
hen section 3 was called up, Mr.
won offered the following sub
?. which was adopted :
)tlon 3. The salaries of the State
%nd county school officials and com
pensation of county treasurers for col
lecting and disbursing school moneys
shall not be paid out of the school
funds, but shall be otherwise provided
for by the general assembly.
SECTION FOUR
was, after a brief discussion, passed
over for the present.
8EOTION FIVE
was taken up, reading as follows .
Section 5. The general assembly
shall provide for a liberal system of
free public schools for all children be
tween the ages of 6 and 21 years, not
mentally disabled, and for the divis
ion of counties into school districts.
Mr.Itagsdale moved to strike out
on lines 2 and 3 the words "not men
tall v disabled."
Mr. Patterson thought the conven
tion was on section 6 and sent up
a substitute which he withdrew.
Mr. Itagsdale amendment was adopt
ed.
Senator Tillman then offered to
amend by inserting after the words
"school districts" on line 3, the words
"as nearly square as practicable, not
to exceed 49, nor be less than 1C square
miles in area; provided, that in cities
of 10,000 inhabitants and over the
limit shall not apply.
Senator Tillman spoke in favor of
the amendment.
There was further debato by Messrs.
Rogers, Otts, Perritto. Smitn, T. E.
Johnson, Hamel and Woodward.
Mr. Breazoalo then offored tho fol
lowing amendment to the amendment.
Provided : That school districts may
bo established with a loss area than 16
squaro miles in which thoro is located
an incorporated city or town which
has erected school buildings for free
school purposes by tho issuance of
bond?j or by taxation, or by donation
by citizens, thereof who may desiro to
do so.
Tho further consideration of section
5 was continued till tho night sossion.
HFX/riON HIX.
This seotion, as reportod. was then
takon up.
Mr. Mitchell, tho chairman of tho
committee, mwloa strong spooch ex
plaining tho features of tho plan em
bodied in tho section. Ho thon, by
permission, offered tho sootion as
amendod by his committee, as follows :
Sec. G. Tho oxisting county boards
of commissioners of tho sevoral coun
tios; and tho county school commis
sioner hereafter be vested with tho
samo or similar powers and duties,
shall levy an annual tax of .'J mills on
tho dollar upon all taxable property
in their rosp^ctivo counties; which tax
shall 1)0 collected at tho same time and
by the samo officers as tho othor taxos
for tho samo year and shall l>o held in
the county treasury of tho respoctive
counties and tho county school com
mission or shall apportion tho said
fund among the school districts of his
oounty in proportion to tho respective
number of pupils enrolled in tho pub
lic schools and notify tho trustees of
tho respoctlvo school districts theroof,
who snail expend and disburso ?'*o
samo as the general assembly u\?' ' di
reot.
Three trustees for oaely .?ool dis
trict shall bo solectod in such mann r
and for such terms as tho general &
sembly may determine.
There shall be assessod on all taxa
ble polls in the State betwoon tho ages
of 21 and 60 years an annual tax of $1
on each poll, tho proceeds of which
tax shall no expended for school pur
pcjes in the several school district* in
which it is collected. Whenever dur
ing the three next
....yiw w amiuuf om
and the poll tax shall not yield
amount equal to $3 per capita of the
number of children enrolled in the
public schools of each oounty for the
scholastic year ending October 31 ,1895,
as it appears in the report of the state
superintendent of education for said
scholastic year, the comptroller gen
eral shall for the aforesaid three next 1
ensuing years on the first day of eac
of said years levy suoh an anu
on the taxable property of th^j
he may determine ?
rnaW?> nn ???<?*?
?VHMPOTDlie existing county bo&H
of commissioners of the several coun
ties, or such officer or officers as may
hereaftor be vested with the same or
similar powors and duties shall levy
an annual tax of 3 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 as the other taxes for
the same year, and shall be held in the
county treasuries of the respective
counties to be apportioned among the
school districts or the counties in pro
portion to the respective number of
pupilp enrolled in the public schools
thereof.
Sec. 8. The general assembly shall
make provision for the assessment and
collection of an annual tax of $1 on
each male inhabitant in the State bo
tween the ages of 21 and 60 years who
is able to perform ordinary manual
labor, the proceeds of which tax shall
be expended for school purposes in the
several school districts in which it is
collected, and the general assembly
shall define the penalties, fines and
forfeitures to be imposed for the non
payment of this tax.
Sec. 8. In addition to tho taxes here
inafter required to be levied and col
lected, the general assembly shall
make provision for the levy and col
lection of an additional tax of 1 mill
on the dollar on all of tho taxable
property of the State, which tax shall
do loviod, collected and paid into tho
State troasury in tho same manner as
are other taxes, and which tax shall
be expended in public school educa
tion among the schools of tho sovoral
counties of tho State according to tho
discretion of the State board of control
under such regulations as tho gonoral
assembly may prescribe.
Mr. Hutson? If you adopt that sys
I torn why don't you abolish tho wholo
[county system and lot this apply to
roads and bridges as well, and abolish
tho office of county treasurer.
Mr. Kennody ? I havo no objection
to that. It was tho law up to 6H.
Mr. Hutson ? I think you have said
that that system was a poor one.
Mr. Kennedy ? As to schools, it was
a very good 6no as to ovorything olse.
A.ro you going to havo ono rule for
higher education and another as to
primary?
Mr. Watson moved to tablo Mr.
Kennedy's substitute. Motion adopted
? yeas 90, nays 2G .
Pending tno consideration of Mr.
Patterson s substitute, tho convention
adjourned.
TlIK DEBATE CONTINUED.
COLUMHIA, Nov. 14. ? Special: The
Convention lost no timo in resuming
debate on tho educational articlo.
Mr. Patterson's amnndmnnt to limit
tlio additional lovy which tho legisla
ture should bo authorized to irifuco to
one-half mill was adopted.
Mr. Patterson then spoke in favor
of his substitute. lie reviewed tho
condition of the State's educational in
teresta and demanded that she should
So forward and not backward. He said
lero should be a flxod lovy of throo
milla for the common schools.
I Hoconoludod: "I hope thin con
vention will not go back on the peo
ple by refusing to give them a throe
mill tax and trna supplementary fund
as well. The proaent system is a
stench in the nostrils of the Btate. I f
we do not increase thia levy and raise
more funds, .1 will bo sorry for our
peoplo . They are not af raid of a raise .
They are In favor of It, if it la necessa
ry. Let us go forward and provide
that all profits from the penitentiary :
all fines. fArteits. escheats, etc., should
go into the publto school fund. If we
cannot maintain our common schools
I am willing to blot out the higher
schools. Hut I am willing to main
tad a them if we 6juq, You
kmI * P^^^duoationiaJ qua!
6 P??Plo will ?
K?7iu6 ** ?du<*tion for
? they oaa rote."
M?J ?*Bd??0a of Aik
JafiS? w
v?PA^T^?5lN'tt BPBsxrrr
resumed on Mr.
Ragsdale S" Sfnendm ent to reduce the
constitutional tax, as reported by the
committee from three mills to two.
Mr. Talbert favored the two-mill tax
in a most earnest spoech.
"Men are liable to make cheap taxes
one of these campaign issues. It aught
not to bo so Qxed that any man can
undermine the system of education.
There is no telling who may come here
in the futuro to legislate for you.
There are always some people who
kick up Harry about anything you do
and confuse matters perhaps, and they
may mix up matters to a great extent .
The rich mon often have control over
the poorer ones and may influence
them not to issue special taxes. He
wanted to support 3 mills and would
support 4 if anybody offered it. He
was in the fight for the great masses.
For higher education there was appro
Sriateu $190,000, and when you go
ack and toll them you have given the
poor people the pitiful sum of 2 mills
they will justly protest against such a
condition."
Ho was questioned a little by Mr.
Ragsdalo and ho replied to each ques
tion.
Mr. Howell's time was extended for
10 minutes and ho, continuing, said
that ho wished to plead with the con
vention for tho education of the
masses.
Mr. Guntor said as the only one on
tho committoo who opposed tno three
mill tax, ho felt it his duty to express
to tho convontion his roason. The peo
ple wero crying out undor excessive
taxation. In his county they werelrf'
favor of tho two-mill tax if the ^hite
pooplo could got the bonoflt of it. Was
it right, that tho wliito poople shoul#
pay tho tax to educato tho negro? ij
was not right. Cry after cry had been
raised against fraud. They should
put it at "not loss than two mills,"
and loavo tho rest to tho people. The\
woro proposing to put tho liquor prof
its into this fund.
A HUfcSTITUTK.
Mr. Ira I'. Jones offered a substitute
requiring tho General Assembly to au
thorize and direct tho proper ofllcers
of each county to lovy tho annual tax
of throe mills for tho support of the
common schools.
Mr. Jones spoko in favor of the
amendment.
Senator Tillman spoko in opposi
tion .
Governor ICvans resigning the chair
temporarily to Vico- President Jones,
spoko warmly and at length in favor
of tho Jones amendment, lie thought
a tax lovy was strlotlv In tho domain
of legislation, and snould be left td>
tho discretion of tho legislature.
Mr. Mitchell closed tho debate on
tho Jones arnondmont, making a
strong spoech against it.
Tho vote was then taken on a mo
tion to tablo tho Jones amondment.
Yeas H2, nays 41. Ho the 'amendment
leaving tho school tax to tho legisla
ture, was killed.
Noxt oamo tho motion to table Mr.
Ragsdalo's arnondmont. Yoas 70, nays
47. Bo the proposition to nut tho con
stitutional tax at two mills was also
killod.
Tho Convention then adjourned.
THW POLL TAX.
CoLUMiitA, Nov. 1 r>.? Special : Tho
Hession of tho Convention today was
consumed in discussing the poll tax .
First camo tho proposition jp make
the tax two dollars. This was voted
down.
Then it was proposed to make the
figure $t.r>(). This too was defeated.
Bo the tax is to remain at one dollar.
Homo discussion was also Had ,6b
tho age at which citizens should cease
to pay tho tax. It was finally fixed at
sixty years.