Historical Newspapers of South Carolina

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% 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 out of which the salary and expenses of the special judge should be paid. There is no doubt that there is need for relief, for in many of the Counties the business of the Courts is very much congested, and the delays which are occasioned in the termination of suits very often cause parties to compromise and settle rather than go into the Courts. I know that it is frequently argued that the present machinery 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 increased. Causes which are of sufficient importance to be carried into Court should be considered with deliberation, and without undue haste, so that justice may be administered. In Spartanburg County alone there are now provided by law five regular terms of "-1- - "D! /? C r-i' -v- forme r\i fli/a Cinn C C niirf Til ~ UiC \wUlIUlIUlI 1 iCcta \^UUU OI1U Oi.-w IVimo \Ji ^VV?? V. - 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 adjudication of causes that are brought for trial. Under the present arrangement 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. t 1 J A * ^ ^ ? T J4-LA off Anf I/~\rkf + Vi a T Anric in my lasr /\nnuai ivicssagc i uncticu mc anuuiun ui mv. lature to the inhibition contained in the Constitution against the passage of local or special laws concerning certain subjects, and called their attention to 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 opinion 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 x 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 distinct 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 follows: "The General Assembly shall provide by law for the condemnation, 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 liuii diiu uicunagc. 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 imposed by this section and by Section 5, Article IV., of this Constitution shall not apply to bonded indebtedness incurred by the cities of Columbia, Rock Hill, Charleston and Florence, where the proceeds of said bonds are applied solely for the purchase, establishment, maintenance or increase of waterworks plant or sewerage system; and by the city of Georgetown, when the proceeds of said bonds are applied solely for the purchase, establishment, maintenance 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 exclusively to the maintenance and operation of the same, and where the question of incurring such indebtedness is submitted to thefreeholders and qualified voters 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 instead of referring to Section 5, Article X., the amendment is made to refer to Section 5, Article IV., of the Constitution, which 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 Constitution, 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 nolitical division of this State shall hereafter be authorized to in 1 ? crease its bonded indebtedness if at the time of any proposed increase 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 municipal corporations covering or extending over the same territory, or portions 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 territory 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 bonds for the purpose of paying or refunding any valid municipal debt 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 tor vour 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, transmitting a memorial of certain citizens?Messrs. Edward McCrady, T. R. McGahan and others?in regard to the draining of our swamp lands. . . The message and memorial were referred to a special joint committee of the two Houses, but no action was taken directly upon the 4 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 Constitution of which I have spoken be Approved and finally enacted by you at this session I again recommend, as I did last year, the establishment 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 / Iro- Vi1T-I/-1 +1iio nroo of miocni'i UoltVi lip nonv#?rfPrl into a rich and healthful agricultural area, thus adding immensely to the taxable property of the State, and affording a section which will invite 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 journaL 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 twentyfour members, to be apportioned among the several Counties according 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. *r 1 *.1 ,1 1_A* f 1_ i^or your convenience l give nerewitn ine population 01 eacn County according to the official count of the returns of the Twelfth Census, taken as of June i, 1900, by the United States Government: Abbeville 33400 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 88,006 Marion 35,181 Cherokee 21,359 Marlboro 27,639 Chester 28,616 Newberry 30,182 Chesterfield 20,401 Oconee 23,634 Clarendon 28,184 Orangeburg 59,663 Colleton 33452 Pickens 19,375 * Darlington 32,388 Richland 45,589 ^ Dorchester 16,294 Saluda 18,906 Edgefield 25,478 Spartanburg 65,560 Fairfield 29,425 Sumter /..5i,237 Florence 28,474 Union 25,501 Georgetown 22,846 jYVilliamsburg 31,685 Greenville 53,49? York 4L684 . INSURANCE EXAMINER. In my last Annual Message I called the attention of the Legisla ^/-wf Incnriri^ pvnminpr T reneat the llllC IU I lie linpui Lanee vji an iiijuiui?w.v ^ recommendation then made. Fire and life insurance have taken deep root with our people, and thousands of dollars are paid out every year to insurance companies. These corporations obtain from the State the right to do business in the State, and the State has the right to inspect and supervise their work, and thus secure protection to the people against bogus concerns. All reputable companies would be glad to have such inspection. That you may have an idea of the extent of this business I desire to call your attention to the fact that there were, in 1899, 118 fire, life and accident insurance companies doing business in the State, and the license fees paid to the State amounted to $22,485.58. The total amount collected from the people in premiums amounted that year to $2,210,990.67, as you may see from the report of the Comptroller General. The figures for the past year cannot be given, inasmuch as the report has not yet been completed; but they will be no less, and possibly more. GEOLOGICAL STATE SURVEY. The importance and value of a good Geological Survey in connection with the development of any State can scarcely be overrated; it is, indeed, indispensable to a complete utilization of all the natural resources of any State or country. Men are ever ready to take hold of and push forward any industry of promise that may be incidentally or accidentally discovered. But the natural resources of a country are not always apparent, certainly not always on the surface?and even were they, the average man would seldom observe them. Especially is this true in the case of mineral deposits. It has been estimated that in Pennsylvania, previous to the establishment of its Geological Survey, enough money was expended in searching for coal and iron in the ordinary -f ' 1-? J 1 A r-nr\ra + lior? tVlA AtltlTA POSt of way 01 muiviuuai cuuu tu navt paiu mwiv vuu^ several Geological Surveys of the whole State. A thorough knowledge of its geology has been secured; all its mineral zones, and gas and oil belts, have been accurately mapped, and men no longer grope at random after what can now be secured by the intelligent use of the simple results of the State survey. They know definitely where to expect oil, gas, coal or iron, and the drill is not sent down as a mere experiment, nor are money and time wasted in haphazard risk and adventure. ^ What is demanded todav in the successful conduct of anv business * * is systematized labor, and everything must proceed upon the basjs of preconceived, well-studied plans. It is no less necessary to a proper development of a State's natural resources. The mineral industries of this State are now receiving considerable attention, and a good Survey would undoubtedly prove of incalculable help and encouragement. The State of South Carolina is by no means deficient in mineral wealth, but just what unexplored treasures it holds can never be known unless an intelligent, vigorous, authorized survey be made. Aside from the resultant monetary value of such Survey, facts and statistics would be placed in the hands of the people that would enable them to recognize and utilize much natural resource not now even known to be in existence. An impetus would be given to mineralogical and geological study and work in our schools and colleges, where as yet they are considered rather insignificant and of minor consequence; and the coming generation be prepared to take an active personal interest in the development of their native State along this line as they now are interested in its mercantile, and agricultural, and manufacturing progress. The United States Government furnishes any State as much additional money toward State Surveys as such States themselves put into the work?in most cases considerably more?and the question I 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 Message, and the importance of the subject is such that it deserves consideration 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 INDIAN EXPOSITION. . By a concurrent resolution adopted at the last session of the General 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 enternrise went to work with ereat energy, and a chartered coroora - r .. -- 0 ' ? i \ tion was organized, with a proposed capital stock of $250,000, 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 patronized. 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. ; r Application has been made to the State of South Carolina for an appropriation of $50,000 to assist in developing the Exposition, and. r-; I commend this appeal to your favorable consideration. The State of New York voted the sum of $300,000 in aid of the Buffalo Exposition; and the State of Nebraska appropriated $150,000 to the Omaha Exposition; and the State of Tennessee voted the sum of ; '* * ^ --v $50,000 in aid of the Nashville Exposition, and the amounts so expended 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. ' v *. . 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. 1 ; i 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 1900 the State received $21,331.36. This does not mean that there has been less rock mined, for the Inspefc- - ,r 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 . V there are now about 70,000 tons in the vicinity of Beaufort ready for shipment. There have been a number of inquiries to the Phosphate I, ^ : Inspector from capitalists out of the State, asking about the location of the phosphate beds, and especially of the river deposits. A map ^ jshowing the State's phosphate beds might be worth a great deal to y South Carolina. I would recommend thaCyou appropriate the sum V f of $1,000.00 for this purpose, to be expended under the direction of the State Board of Phosphate Commissioners, and that you appro- ' lv priate the sum of $300.00 to pay the per diem and necessary expenses , ' of the State Board of Phosphate Commissioners. For further information regarding the Phosphate Department I would refer you to ythe full and complete report of the Phosphate Inspector. SINKING FUND. 1 * t y Your attention is directed to the report of the Commissioners of V the Sinking Fund. The following summarized statement shows the \ y.;' amount of Sinking Fund assets, and how invested: '. y Statement of Assets of the "Ordinary Sinking Fund" on Dec. 31, . I900: , . XI ' Dec. ^1. 1 qoo. Loans at 5 per cent, to Counties $35,500.00 y 1/ ' v . Dec. 31, 1900. Cash Deposited in Banks, Dec. 31, 1900, belong to Escheated Estates $ 1,697.00 Dec. 31, 1900. Belonging to Sinking Fund ' o ' r? - v j proper . 13,374-83? 15,071-83 Y Y v Dec. 31, 1900. Amount of Assets of "Ordi- '% > nary" Sinking Fund Statement of assets of the "Cumulative Sinking Fund" on Dec. 31, 1900: ^ Dec. 31, 1900. Permanent investments in S. C. 4 1-2 s , Brown and Blue Stock $ 35,728.56 Dec. 31, 1900. Loaned to Counties at 5 per cent, interest 106,942.83 V Dec. 3r, 1900. Loaned to Commission for completion of State House at 4 per cent 5,500.00 Dec. 31, 1900. Deposited in Banks at 4 per cent, interest, payable monthly, but unse- ' v cured, except by the credit of the Y ' Bank wherein deposited. . .... 241,030.84 .v Y : ^ Dec. 31, 1900. Total amount of assets on Dec. 31, 1900.$389,202.23 < h Y ' -h H 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 Commissioners of the Sinking Fund from 1896 to 1900 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 P* by a deposit by the bank with the State Treasurer, as collateral security, S. C. Brown 4 1-2 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 $2,8*16.03. ? *n 4 m On Feb. 25, 1897, the law was changed authorizing the runa to - . be loaned to Counties at 5 per cent., which was also the rate of interest on all loans. At the time of the passage of this Act nearly all the Fund was loaned to banks at 4 1-2 per cent., secured not only by