University of South Carolina Libraries
VOL. XIX. BARNWELL, S^C., THURSDAY, OCTOBER 1895. THE FOURTH WEEK. HOW IT BEGAN WITH THE CONSTI TUTIONAL CONVENTION. r Animated Debate* of Several Matter* ot 1 inportanoe-Fropo.ltIon to Adjourn TUI J luiuary—Some Article* Virtually Adopt ed. Columbia, Oct 1.—Special: The past two days have been notable ones in the Constitutional Convention. Some very important questions have come up, and there has been full dis cussion on each. It was expected of course that the dispensary matter would come up, but owing to' the absence of Mr. Clayton of Florence the matter was again de ferred. Articles viii and ix were passed to a third reading with little or no debate, in the following form: f ARTICLE VIII—IMPKACHMKMTS. Sec. 1. The house of representatives » shall have the sole power of impeach ment. A vote of two thirds of all the members elected shall be required for an impeachment, and any officer im peached shall thereby be suspended from office until judgment in the case shall have been pronounced, and the S lace of such officer shall be filled uring the time as 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 chief justice of the supreme court, or if he be qualified, the senior justice shall preside, with a casting vote in all preliminary questions. Sec.Jl. The governor and all other ’ executffo and Judicial officers shall be liable to impeachment; but judgment in such cases shall not extend further than removal from office.- The persons convicted shall, nevertheless, be liable to indictment, trial and punishment 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 executive or judicial officer on the . address of two-thirds of each house of the general assembly: Provided, That the cause or causes for which said re moval may be required shall be stated at length in such address, and entered on the journals of each house: Provid ed, Tharthe officer intended to be re moved shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense, or by counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the journals of each house respectively; ARTICLE IX—AMENDMENT AND REVISION OF THE CONSTITUTION. Sic. 1. Any amendment or amend- rfients lo this Constitution may be pro]>oaed in the senate or house of representatives. If the same be agreed to by two-thirds of the members elect- < ed to each house, such amendment or amendments shall be entered upon the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the qualified elec tors of the State at the next general ejection thereafter for representatives; • and if a majority of the electors quali fied to vote for members of the gener al assembly voting thereon, shall vote in favor of such amendment or amend ments and two-thirds of each branch of the next general assembly shall, af ter such an election and before anoth er, ratify such amendment or amend- .^ments, by yeas and nays, the same -^hall become part of the Constitution: Provided, that such amendment cr .imendments shall have been read three times on three several days, in each house. Sec. 2. If two or more amendments shall oe 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 neces sary to call a convention to revise, amend or change ,4he Constitution, they shall recommend to *the electors to vote at the next election for repre sentatives for or against a convention, and if a majority of all the electors voting at said election shall have voted for a convention,the general assembly shall at their next session provide by law for calling the same, and suen convention shall - consist of a number t of members equal to that of the most ' numerous branch of the general as sembly.^ MIBCKLLANEOUS matters. The article on miscellaneous matters reported by the committee on that subiect was then called up. Tnomas £. Miller moved to amend Section 1 so that it would read that no person should be elected or appointed to any office in this State unless “he or she” possess the qualifreations of an elector. Some one moved to pass over this section, as a ripple laughter was heard around the house. Then Section 2 was adopted with a rush as follows: Sec. 2. The general assembly may direct, by law, in what manner claims against the State may be established and adjusted. * f Mr. Henderson was about to present a substitute for Section 3 when Miller'g, amendment to Section 1 was again called on. - ; ' •• On motion of Col. Sloan the amend ment was tabled. Sec. 3. In regard to divorces, was then called up. and after several lendments and .substitutes had been s passed over. fbe section as reported by the com- ee reads: 3. Divorces from the bopda of matrimony shall not bfe allowed, but by the judgment of a court, as shall be prescribed by law.® The amendments and substitutes pending are as follows: Mr. Bowman<n Orangeburg—Strike ■■* fti* wiomI “allowed” insert “in this State,” thus prohibiting divorces. Mr. Henderson (substitute)—Divor ces from the bonds of matrimony shall not be allowed, but by judgment of a court rendered upon a verdict of a jury; and no divorce shall be granted except for adultery; and the guilty person shall not be permitted to marry 1 again. Mr. Dudley—Strike out on first line the words following the word “allow ed” so that the section shall read: “Divorces from the bonds of matri mony shall not be allowed: Mr. Farrow (substituted)—Divorces from matrimony shall’be allowed un der such regulations as may be pre- scribqd by law, for the following grounds, to wit: Adultery, bodily cruelty and wilful desertion for seven years. Section 4 was adopted as follows: Sec. 4. No person Who denies the existence of the Supreme Being shall hold any office under this Constitu tion. a Section 5 was passed over. Sections 6 and? were adopted as fol lows: . Sec. 6. The general assembly shall provide for the removal of all causes which may be pending when this Con stitution goes into effect to courts cre ated by the same. Sec. 7. No lottery shall ever be al lowed, or advertised by newspapers or otherwise, or its tickets be sold in this State, and the general assembly shall provide by law at its next session for the enforcement of this provision When Section 8 was called Mr. Hen derson offered an amendment putting the duelling proviso back into the form of the oath. Section 8 was then stricken out, as the oath was provided for elsewhere. The following substitute for Section 9, offered by Dr. Timmerman, was adopted: Sec. 9. It shall be unlawful for qny person holding an office of honSl', trust or profit, to engage in gambling or betting in games or chahce; and any such officer, upon conviction thereof, shall thereby be disqualified from the further exercise of the func tions of his office and that the office of said person shall become vacant as in case of resignation or death. MARRIED WOMEN'S RIGHTS. At the night session the Section 10 of the article on miscellaneous matters was taken up. As reported by the committee it was as follows: Sec. 10 of the article on miscella neous matter was called up then. It read as follows: Sec. 10. The real and personal prop erty of a woman held at the time of her marriage, or that she may here after acquire, either by gift, grant, in heritance, devise or otherwise, shall not be subject to levy and sale for her husband's debts, unless by her own act she makes herself liable therefor, but shall be her separate property.and she shall have all the rights incident to the same to which an unmarried 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. Mr. Stanyarne Wilson offered an amendment adding the words “pro vided she shall not contract as surety for her husband.” 0n motion of Mr. Sheppard tfie amendment motion was tabled. Mr. Gage of Chester oll'ered the fol lowing substitute for the whole sec tion : \ Sec. 10. 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 otherwise, shall not be subject to levy and sale for her husband's debts, but shall be held as her separate property, and may be be queathed, devised or alienated by her the same as if she were unni^rried: Provided, No gift or rirant from the husband to the wife shall be detrimen tal to the claims of creditors. Provided, further, No married wo man shall have the power to bind her estate by any promise to pay the debt ot default of another, or by any con tract of endorsement, surety or guar- anty. Mr. Hutson moved to lay the substi tute on the table, “ ■ - Mr. George Johnstone said that a woman shoqld always be protected in the possession of the property given her by her relatives. Beyond that he would not go. He said that Mr. Gage's resolution sought to bind the woman and not to protect Her. The substitute was then tabled by a vote of 75 to 42. After further amendment the sec tion was adopted in the following form: Sec. 10. 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 otherwise shall be her separate property, and she shall have all the rights incident to the same to which an unmarried wom an 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. Section 1 was again taken up. Mr. Gray offered an amendment to strike out the words, “or appointed.” This was the section which caused the trouble in the morning about women being eligible to office. The section tood thus: Sec. 1. No person shall be elected or appointed to any office in this State unless he possess the qualifications of anellBctor. Mr. Johnstone spoke, pointing out the danger of tinkering with this mat ter. This amendment simply brought about the same trouble as Mr. Gray’s other one. Women would be eligible That should severaljftoany.appointive office, not be. Mr. men r. W. D. had been Evans said tbat some been so discourteous as to say that there was an “old granny*’ on the supreme bench of this State. That term meant a woman. He intimated that Mr. Johnstone did not wish to see the present State librarian hold her office, Mr. Gray then witluhew his pending amendment and pre* d another to add to the end of the . on the words ‘provided, that women shall be ap- jpmated to any office.” This was ta- The section passed to a third read ing in this shape: Sec. 1. No person shall be elected to any office in this State unless he pos sess the qualifications of an elector. THE DIVORCE PROBLEM. The Convention then resumed the consideration of Section 3, already quoted, concerning divorces. Mr. Henderson called up his substi tute confining the sole to the crime of adultery. Mr. Henderson said there was no possibility of divorces in the dark under his substitute and it went further and provided that the guilty party never marry again. It was simply the Bible ground—the ground given in that great book. Some said that they were proud that South Caro lina was the only government in the world that 1 did not have a divorce law. He did not enter into that sentiment. To have no separation for such a ground was uncivilized, it was an in centive to the vile, home-destroying crime of adultery. Mr. Henderson's effort was one of the most masterly efforts the convention has listened to since its assembling. Mr. Bowman called attention to the possible manner in which the provis ion might be abused in order to secure divorces. # _ ^ Mr. Farrow rose to support the reso lution of Mr. Henderson, but he did not think that it went far enough. He was proud to believe tfiat South Caro lina women were the purest in the world, but he could not say that her men were better than those of any other State or country. He proceeded to speak at length. He said if they did not pass this thing they had better legalize the killing of the adulterer when caught in the act. He went on in detail to explain the complications with other States caused by the failure of this State to recognize divorces granted in another State. He quoted the strong utterances of the United States Constitution which might be construed to apply. He saia they should, at least, in the name of hu manity recognize a foreign marriage!! Mr. Patton said there were three roads before the convention now in this matter. If they kept the compiit- tee’s report, he could not teu where they were at. The issue was drawn sharp and clear, and it was for the convention to say whether it wanted divorces or not. He was, so far as he was concerned, in favor of the substi tute offered by the member from Or angeburg. The public feeling on this subject was strong. Only one dailv newspaper—The State—was for di vorce. The condition df affairs in Oklahoma and other places had iflF origin in the lower regions whence came the destruction of the ideal Gar den of Eden. The Bible never al lowed any such doctrine as the gen tleman claimed it did. He here asked if any one had a Testament, as he would like to verify a quotation from it- “Don’t all speak at once, gentle men .” He cited a remark made in the time of Moses and drove it home most forcibly. He didn’t think slavery wrong, he wished he had 100 slaves now. If there was one subject around which should cluster sentiment it was by quoting the language the marriage ceremony. George D. Tillman and others shook hands with Mr. Patton as he sat down amid an outburst of applause. Lieutenant Governor Timmerman then rose with a copy of the Baptist Courier in his hand. v Dr. Timmerman said that the Bible allowed divorces for the one cause mentioned. He proceeded to read what had been written on the subject by a leading Baptist preacher, li be gan with a passage relating to this subject from Matthew xviii, 3 to 10th verse. After he had read some time Dr. Smith asked him if Mark and Luke hadn't reported the same matter, and if they hadn’t handled it In directly the opposite way. Dr. Timmennan admitted the truth of this, but said Biblical writers often disagreed. Dr. Smith—Well, that’s two to one on that point, isn't it? Dr. Timmerman became a little warmed up a mind the laughter that followed, and said something about Pharisees. Mr. Stanyarne Wilsop called for the previous question. Senator Tillman said that there were mapy others who wished to speak on this important matter. He thereupon moved to adjourn, and it was adopted. The session ended at H p. m. a recess proposed. . During last night’s session Mr. El- lerbe of Marion offered the following: Resolved, That this convention shall adjourn on Friday the 4th day of Oc tober, prox., to meet on Tuesday, the 14th day of January, 1896. As it was read, a good many mem bers held up their heads in surprise. Mr. Eller be calmly moved to make the consideration of the resolution the spe cial order for noon today, which was adopted. ^ Many members during the evening privately expressed their approbation of the resolution, saying that they be lieved it would result, if adopted, in the formation of a better Constitution; that the farmers needed to be at home in the next few weeks and practically no expense would be entailed. IN HONOR OF JUDGE BRYAN. Mr. D. 8. Henderson offered the fol lowing, asking its immediate consider ation ; 1 . - Whereas, it has pleased Almighty God to take from the people of Bus State that incorruptible jurist, Hon. George S. Bryan, who throughout the darkest daysof misrule in South Caro lina had the courage and fortitude to sustain the rights of the people under the law, even against military- rule. Therefore be it 6 Resolved, by this convention of the people of South Carolina that in the death of Judge Birin the State has sustained a great loss and that our sympathy is hereby extended to his bereaved family. Ool. Aldrich said it was eminently hte-gii ash T< proper that something should be said on that resolution more than could be expressed by a mere perfunctory vote. Judge Bryan was no ordinary citizen; he served his country in peace and in war as became a hero. He did always what he conceived to be right, no mat ter at what cost to himself. When the millrace of adverse public opinion was running against him he did his duty always. « , On motion of Mr. Lowman the reso lutions were adopted by a unanimous rising vote. KILLED. The following was killed; Resolution (by Mr. Buist) providing that article 5 of the Constitution be amended by adding thereto the follow ing provision: “in all cases of mur der or manslaughter where the char acter of the deceased is called in ques tion, the character of the prisoner at the bar shall be in evidence.” The following matters, unfavorably reported, were called up, but passed over for the present Mr. Henderson’s resolution toena; counties to do business on a cash basis. Mr. McMahan’s ordinance looking to the concurrence of the whole jury. Mr. McMahan’s resolution in regard Lo a department of roads and forestry. ' A similar disposition was made of the report of part of the committee on counties on county government. DIVORCE—CONTINUED. When the Convention had got tiirough with preliminaries this morn ing it resumed the consideration of the divorce question. Mr. Henderson spoke a second time, warmly urging his amendment. Mr. Watson of J Edgefield made a most impressive speech in favor of Mr. Lowman’s amendment—against divorce bn any groupd. Mr .Jervey, on behalf of the com mittee, proceeded tosupportthe report of the committee, which is the clause now in the Constitution. If the con vention was going to take this matter away from the legislature then he wished to express his views. He wasa strong advocate of a stringent divorce law. The Biblical idea was that a man could put away his wife, but no redress was given to the woman. He spoke for some time. Mr. W- C. McGowan then made one of the most thoroughly eloquent argu ments heard on any matter since the convention assembled. Mr. McGowan said that the only real argument made egainst the scheme to have no divorce was made by the .gentleman from Aiken. ‘ He said that this plan was putting a premium on adultery. I de ny that. Exactly the reverse is true.” Turn loose “married women without husbands” in a community, with all the liberties of a married woman and with non^if the restraints of the un married woman, and you would have no end of adultery. Put this proposi tion to the people and you will be snowed under 40 to 1. He was proud to live in so unique a State in respect to the sanctity of the marriage law. If this was sentiment, he, for one, was willing to stand upon it. U was bet ter for society at large that there sliould be no divorce at all. Once let down the bars and there is no telling where it will end. His friend Farrow had argued ably and well of the effect of such prohibitory law on foreign di vorces, but that had nothing to do with the’eonvention granting divorces. Mr. Houser knewiie was only a pig my among the giants. His voice was very weak and he could scarcely be heard as he proclaimed that he thank ed God that South Carolina had always stood out against a divorce law. He went on to picture whatdire results would follow the introduction of a di vorce law. He hoped that the conven tion vrould keep South Carolina on her highplane. Mr. J. H. Montgomery said in accept ing any one of the three propositions they would be doing sometning of mo mentous concern to their people If they were going to do anything they should do what would protect the State from designing men. Their action in giving married women all the rights others had over their property was taken because of the corrupting in fluence of a wiclwd, debauched or criminal husba^B^ Sometimes he thought “Oh, flpth Carolina what crimes are cqjBmtted in thy name!” Mr. Montgom^y spoke at length on the matter and presented many strong measures why a reasonable divorce law should be passed. Mr. Sheppard made a powerful speech, his main point being that as Congress might legislate on the mat ter, the hands of our lawmakers should not be tied by a prohibition in our own Constitution. Mr. Hutson then took the floor against any divorce law. He sum marized the many arguments made and met them in a judicial way. Mr. Ragsdale said congress had no right to pass any divorce law for all the States. The sentiment of this State was opposed to such a law. Mr. B. B. McWhite spoke earnestly and forcibly in favor of allowing di vorces for one cause only—adultery. Mr. Von Kolnitz opposed granting divorces in this State; but favored the recognition of those granted in other States. Mr. Bowman then quoted what the late Dr. James Furman and Dr. Lan sing Burrows, two noted Baptist di vines, had said about the construction of the Biblical passage on the subject. They were both against divorces. Mr. Patterson moved to lay the amendment of Mr. Henderson on the table. The president ruled this out of order. The roll was then called, the vote be ing on the adoption of Mr. Bowman’s amendment. The result was as fol lows: Yeas—Aldrich) Alexander, Ashe, Austin, Barton, Bates, Behre, Berry, Bobo, Bowman, Breazeale, Brice, J. 8.; Buist, Byrd, Cantey, Carver, Connor, Cooper, Cunningham, Dent, Douglass, own, motte, McGowan, Matthews, Meares, man’s amendment as his Mitchell, Moore, Nathans, Otis, Par- withdrew it. ler, Parrott, Patterson, Patton.Peiritte, It was then shown, (after Mr. Hen- facture t * er *°. n ^ called for the previous liquors S^^ ^J.^mith^ Jeremiah;Smith, question, thaUt was an absolute ne- the gen Stokes _ > ^ ^ ^ iiiiiiuux G. D.; VonKolnitz, Waters, Watson, vention’oould’get'^nater Wells, Wharton, White, A.’ H.; Wil’- amendment bXe it » son, Stanyarne; Winkler—Total 86. Nays—Atkinson, Barry, Bowen, Brice, T. W.; Dennis, E. J.; Evans, W. D.; Farrow, Field, Fitch. Fraser, Gunter, Hamel, Harrison^ Hav, Haynsworth, Henry, Hiers, Houser, Howell, Hutson, Irby, Johnson, T. E.; Jones, Wilie,; Klugh, Lee, Lowman, Lybrand, McCalla, McCown, McDer- remarks, replying to Mr. Sheppard, ueand em that he woulcrlike to know whether municipalo Gage, Garris, Glenn, J. L.; Graham, Hemphill, Henderson, D. S.; Hender son, William; Hodges, Jervey, John stone, Geo.; Keitt, Kennedy, E. J.; Kennedy, J.W.; McMakin, McWhite, Mr. Sheppard-(with great empha- beverages within the State i Mr xxr. i-__ ~ V-LTjI" , . » “d restrictions as it dera i*ue with this "su£ retail of alcoholic UqiwiiT^d'bevs^ ment. He said, in the coune of his ges within the State, and may author- L pen! VI ncr t/% \f i* ATvrva wr! •%«) :— re a _ * _ a er State, u.. jurors, agsriisate was oorrsot———— — Mr. Sheppard—(with great empha- f. Wigg / oodward R.; Timmerman, Wiggins, Wilson, W. B —Total 49. . f Senator Tillman then offered an mendmetet to add the words “but the courts of this State shall rerognize and give fqll credit to the judgment of the courts of other states in divorce cases.” Senator Tillman spoke in favor of this amendment, and Mr. Patton in opposition. Mr. Klugh of Abbeville offered as a substitute a provision that the legisla ture could legitimize by apenal act children borne of parents in another State, following the granting of a di vorce in that State. Mr. Patton called attention to tfie fact '(hat this would be in direct con flict with a clause to go into the legis lative article forbidding special legisla tion to legitimatize illegitimate chil dren. Mr. Klugh said he was aware of that; but his amendment could be passed and the conflict could be easily remedied. Senator Tillman stated that he sim ply wished.to protect innocent ones. Mr. KUfgh’s substitute was then ta bled by an overwhelming vote. Senator Tillman’s amendment met the same fate. Mr. W. D. Evans offered to amend by adding “divorces granted in other States shall have the same ^Stokes, force and effect in this State as in the State wherein they were granted.” This was almost instantly killed. Then the section was adopted as amended by Mr. Bowman, and the parliamentary clincher was put on. Section 5, an immaterial section of the article on miscellaneous matters, was then adopted without dissent, and the article on miscellaneous matters passed to a third reading. THE RECESS FIGHT. Mr. Ellerbe’s resolution to take a re cces till January 14, at the conclusion of Friday ’ session, was then taken up. Mr. W»nkler offered a substitute that the recess end on October 15 at noon, making it last for 10 days. Mr. Ellerbe hoped that this would not prevail. It would give practically no time for them to attend to pressing business at home: - fHe and outers had no idea when they came here, that it would take longer than two or three weeks to complete the Constitution, life for one, regarded September as a bad time to come here any how. He had been willing to sacrifice three weeks' time from his business lice power thegeoeral hare the right to prohibit the m facture and sale and retail i 2 ~ lore or b general; — | 0 ■ »* ■ ■»* > wished to get the amendment of Sena tor Tillman before the house. Senator Tillman then rose and stated in any market and retail ‘SS&'E State liquors and beverages in mwh packages and quantities undea such rules and regulations as is deemedex pedient . Provided, thatr no lieen» ■hall be granted to sell alcoholic bev erages in less quantities thaw one-half pint, or to sell them between sundown and sunrise; or to sell them to be drui.k oq the premises. And provided, *“- Ak «r, that the general assembly not delegate * " ‘ ~ in emphatic language that he hoped further, that* the geneml the dispensary’s friends would not be shall not delegate the power toueue stampeded by any such ideas as some license to sell the same to any munio- of them were advancing. Governor ipal corporation. Sheppard had stated the matter fully. The article, with amendments, then Messrs. 1 atton and McCown made received a third reading and was sent some remarks and then the roll was to the committee on style and revision I* , . " wiav ava* wore w me WU1U11VITO UL1 SlYieAXM oailed on the motion to indefinitely in otherwise the —me sbase postpone the Clayton resolution. The edits second reading. ^ motion prevailed by the following vote: \ Yeas—Aldrich, Alexander, Ander son, Ashe, Atkinson, Barry. Barton, Bates, Bellinger, Berry, Bobo, Bowen, Brice, J. 8.: Brice, T. W./; Carver, Cooper, Dellay, Dennis, Douglass, Doyle, Dudley. Evans, W. D.; Far row, Field, Fitch,Floyd, Fraser, Gage, Gamble, Garris, Gary GiUand, Glenn, J. P.; Gooding, Graham, Gray, Har- ns, Harrison, Hay, Haynsworth, Hemphill, Henderson, D. 8.; Henry, Hiers, Hodges, Howell, Hutson, Irby, Johnson, T. E.; Johnstone, George; Jones, Willie; Keitt, Kennedy, E. J • Kennedy, J. W.: Klugh, Lee, Low man, McMakin, Nicholson. Oliver, Otts, Parler, Patterson. Patton, Peake, Pnnce, Ragsdale, Redfearn, IWers, Ros borough, Rowland, Sheppard, Sloan, Smith, A. J.; Smith, Jeremiah; Smith, R F ; Smith, W. C.; Sprott, 'Stokes, Stribling, Sullivan, Taylor, Tillman, B. R7)Tillman, G. D.-Tim merman, VonKonUjs, Waters. Wells, Wharton, Whipper, White, A. H.; Wiggins. Wilson, W. B.; Winkler.—Total 102. Nays—Bowman, Brazeale, Buist, Byrd, Cantey, Clayton, Connor, Cun ningham Ellerbe, Hamel, Henderson, D. S.; Houser, McCalla, McCaslan, McCown, McWhite, Meares, Mont gomery, J. D!; Montgomery, W. J.; Moore, Momson, Parrott, Perritte, Russell, Smalls, Smoak, Stackhouse, TalberL Watson, Wigg, Wilson, Stan yarne, Woodward. Total-32. Mr. George Johnstone offered an amendment to strike out in the report all that portion referring to the dispen sary method. He said that he felt that he would not be doing his duty unless he should submit this proposition, al though he well knew tlie temper of the convention. It was tabled on motion of Senator Tillman, fournoes being heard. Senator Tillman then offered bis amendment as follows, the words quot ed to follow at the end of the com missioner's report: “Provided, That no license shall be granted to sell alcoholic beverages in less quantities than one-half pint, or to sell them between sundown and sun rise, or to sell them to be drunk on the premises; and, provided, further, that At 10:35 p, m. the convention ad journed. *—— ' A QUESTION OF TaU, When the Convention reassembled is morning Mr. Sheppard, of the immittee on rules, reported a provis ion as to pairs.- It was adopted. Mr. Patterson moved to limit speeches to ten minutes each, except by consent of the Convention. ThW motion brought out a long discussion. Mr. Miller wanted to have more time than that on the suffrage ques tion. Mr. Wigg moved to amend by ex cepting the suffrage article. Mr. Johnstone said they were not all able to condense remarks as Hr. Pat terson ; they did not want to m*lm g Constitution by machinery. Mr. Patterson declared that soma of them were being ruined by staying here, and if they did not HnxH speech* making they would be here a month longer. After much discussion, a motion to table the motion was killed, and it was adopted with the proviso a speak er’s time may be extended, on request, at the pleasure of the Convention. AS TO MILEAGE. the general asseqably shall not delegate to issue licenses to self the , . su ireme court. He was hot. He wanted irrooms blooted out Of the State for ever. - , • Senator Tillman said that all he wanted to do was to wipe out bar rooms, without absolutely tying the hands of the Legislature. and come. We can go and come tapir making a better Constitution thaTwe could by saying here now. We would have time to think of these matters. We can take all these reports home with us and study them over. The coming legislature cannot have time to consider the matters we will thrust the power upon it all any how. "We can pass same to any municipal corporation” an ordinance relating to the election It was put to the house, but the vote a ?, d Joj" R- If there were no being close, a division was demanded other tune that this work can be done It was allowed and the amendment as weil then it would be well to stay. was adopted by a vote of 87 to 26, Mr. Mr. Stanyarne Wilson, earnestly Clayton being among those votihg for opposed any recess. - . it. 8 i e 1 * v* 6 ’ m °ved to in- The word “intoxicating” was stricken aeflnitoly postpone both motions for a out wherever it occurred in the sec- re ®® 88 - _ tion as amended, and the word “alco- . nato r Tillman spokcT* earnestly holic” was substituted. This was done ;ainst both propositions. Messrs, on motion of Senator Tillman enderson, 1 nnce, Timmerman and Mr. Bellinger got an amendment T 'tut' them. through after much argument to allow Mr. Winkler said that Ihere could municipal as well as State and county be no doubt tiiat thev all came here officers to buy and sell in the name of not expecting to stay longer than three the State with the restrictions pre- . , , Mr. Wilson offered an amendment penod. With what study that was in substance the same as Mr they could do on important questions Clayton’s. Senator Tillman, he said at home m ten days, they could be bet- was afraid of the United States ter prepared to form a new Constitu tion. Mr. Winkler temporarily withdrew his amendment. The question came up then on a mo tion to table Mr. Ellerbe’s resolution, which prevailed on the calling of the roll, by the following vote: Yeas, 85; nays, 53. Mr. Winkler then renewed his mo tion for a recess of 10 days. It was tabled upon the calling of the roll, by the following vote, Mr. Patterson put ting the clincher on the vote: Yeas, 86; nays, 53* ) THE DISPENSARY, At the night session, the dispensary section of the article on municipal corporations and police regulhtions was taken up. Mr. Claytona substi tute was read, as follows': Section 14. In the exereise of the police power the general assembly- shall have no t authority to license the sale of intoxicating liquors or bever ages by persons or corporations within this Stet 3. The general assembly may prohibit the manufacture and sale of intoxicating liquors and beverages within the State, or may authorize and empower State and county officers, both or either, under the autnority and in the name of the State, to buy in any market and sell and retail within the State intoxicating liquors and bev erages in such packages and quanti ties, under such rules and regulations, gs it deems expedient Mr. Clayton made a vigorous speech in support of his substitute, covering the points he elaborated i-last week. He wanted the possibility of the re turn of the barroom :nailed now, onoe and for all. There was a rood deal of rambling debate, most of it directed to questions of order. , Mr. Bellinger offered Senator Till- rtt bly shall receive 5 eentalor every mite of travel in going and returning from the place where the sessions of the legislature are held, and no general assembly shall have the power to in crease the per diem of its own mem bers, and members of the general as sembly, when convened, shall receive the same compensation as is by law for the regular session and no other. SECTION THIRTY-FOUR. The section over which there was something of a sensation on Wednes day night, caused by the Smalls reso lution, was then callsd up. Mr. Aldrich moved to strike out sec tion 34. Why was it nnrnamrj to name one crime and not fmm*> *11» Was the crime mentioned more hein ous than murder, manslaughter, etc. I They had done a wrong to put that sec tion in there, and they could not pam and stand before the world without passing something else. (Supposed reference to the Smalls amendment.) Mr. Johnson, after a speech in which declared that God Almighty, declared the speaker never joinea together the African and the Anglo-Saxon. He moved to lay all amendments on the table. Mr. Tillman attempted to get the floor. Mr. B- R. Tillman believed that if an indiscreet act had been committed, the gentleman from Barnwell (Hr. Aldrich) was responsible for it in try ing to obliterate section 34. The ques tion was here; should we not meet it like men? Whether the committee was wise in bringing in the section he would not say. If we pass a law mak ing it unlawful for intermarriage ot thoraces, we cannot in common jus tice refuse to punish a white man for debauching a negro woman. He ot tered this amendment and substitute, the amendment to follow section 34: “And the parties to such marriage, upon conviction, shall be punished as the general assembly may prescribe.” Section 35. Any white person who shall live and cohabit with a negro or eral assembly maj c uare not, said Hr. j.iiiim»n, put. lish it broadcast that after this qua tion has come up we are afraid toac upon it Mr. Johnstone declared that hism< tion was pending, and Hr. Tillman 1 amendment was out of order. It was so held. Mr. Tillman said that the questioi resented here, it shoul Alluding to the seat ment at the north, he declared tha we knew nothing about it down here They looked upon the inten races as natural, and he su overwhelming Mr. Connor offered an amendment, the general assembly may prescrit which was tabled, that dispensers could We dare not, aaid Mr. Tulman, pul be elected by the people, or by the gen- ,! V - eral assembly. Gen. R. Hemphill then offered the following amendment, which was killed: • . And the general assembly shall en act a law making the drinking of in toxicating liquors a misdemeanor.” ^ ««« »««.., ««, Mr. Farrow, when the section was haying been presented here, about to be put to a final vote, moved be acted on. * ” ” “ ^ to reconsider the vote whereby the amendment of Mr. Johnstone had been tabled. He aaid that his desire was to have his vote recorded as against w letting the dispensary go into the Con- would be forced to shake them u stitution, and there were others there there in this matter. Public Mutimao in like condition. " " * “ * * « *’ After some talk the roll was call , on motion to table H r - Johnstone’s amendment, and the vote resulted as follows: Yeas 105 nays24. \ * ,t~ Mr. Doyle offered an amendment touching the question of profits. It was killed by a vote of 84 nays to 45 ayes. Mr. Klugh offered a substitute for the whole section after a motion to adjourn had been voted down. It was practically the same as the amended section, hut was ruled out of order. The whole section was then adopted as amended, and it had the parliamen tary clincher put on it by Hr. Hender son. * As it passed to a. third reading His as follows: Section 14. In the exercise of the po- £ W; le? % .was indicated when the last census fc New York State showed that 1,80 white women were wives of negi men. He had seen white girls waita in Massachusetts under orders of negro head waiter. He had sad sight—a pretty girl, evidon tie blood in her veins, buti —ome poor, married to a i with two mulatto children, these things to show of northern Hr. Tillman pending amen This was carried with little by a viva voce not oeeming toi 53^“