The Horry herald. (Conway, S.C.) 1886-1923, January 04, 1894, Image 4
NEW DISPENSARY LAW.
(continued from first pack.)
inon carriers within some city or town
whoro there in a Dispensary, ami then
only for sueli Dispensary, or who shall
aid in or consent to such removal,
shall upou conviction l?e subject to a
penalty of *?>0 or imprisonment for
thirty days for every offense: Provided,
That said penalty shall not apply
to any liquor in trunsil when changed
from car to car to facilitate transportation
across the State : Provided,
That this section does not apply to
liquors purchased from a Dispensary
and bearing the proper label or certificate.
All liquors in this State, except
Dispensary liquors and those
passing through consigned to points beyond,
shall be deemed contraband and
may be seized in transit without warrant.
And auv steamboat, sailing
vessel, railroad, express company or
other common carrier transporting or
bringing into this State for sale or use
therein, except by the Dispensary,
shall suffer u penalty of $f>00 and costs
for each offense, to be recovered by the
Solicitor of the Circuit Court, or the
Attorney General, by an action brought
therc-for in any court of competent
jurisdiction. The State constables,
sheriffs, municipal police or any luwful
constable may enter anv railroad
car, or express car, or depot, or steamlK>at,
or other vessel, without warrant
and make search for such contraband
liquors, and may examine the way
bills and freight books of said common
carriers, and any otio interfering with
or roasting such officer shall be punished
by a line not exoeding $100 or
imprisonment not longer than thirty
days.
Sec. 34. That any person detected
openly violating any of the provisions
of this Act shall Ik? liable to arrest
without warrant, provided a warrant
shall Ik? procured within a reasonable
time thereafter.
Sec. 35. That violations of any of
the sections of this Act where punishment
upon conviction is not especially
provided f?M\ the person or persons
or ooi'i>oration so convicted shall be
punished in the discretion of the court
trying the same. All alcoholic liquors.
other than domestic wine, and
in quantity more than live gallons,
which do not have on the packages in
which they are contained the labels and
certificates going to show that they
have been purchased from a State officer
authorized to sell them are hereby
declared contraband, and on seizure
will forfeited to the Stute as provided
in Section ill : Provided, That
this section shall not apply to liquor
held by the owners of registered stills.
Persons having more than five gallons
of liquor elsewhere than at his or
her home, which they wish to keep for
their own use, may throw the protection
of the law around the same by
furnishing an inventory of the quantity
und kinds to the State Commissioner,
and applying for certificates to affix
thereto. After sixty days from the approval
of this Act any liquor found in
the State not having such certificates
1T1RV )M> llt??l 15.._
uuu *-vyuiinv?vru. I IT*
Hons having more than they wish to
use may obtain certificates to ship beyond
the limits of tho State. Any person
affixing, or causing to be affixed, to any
package containing alcoholic liquor
uny imitation stamp or other printed
or engraved label or device than Miose
furnished by the State Commissioner
shall for each offense Ire liable to a
penalty of ten days' imprisonment or
$2o line.
Sec. UO. Every person who dispossesses
or rescues from a constable or
other officer, or attempts so to do, any
alcoholic liquor taken or detained by
such officer charged with tho enforcement
of this law, shall, upon conviction,
Ire imprisoned thirty days or pay
a line of $100.
Sec. ff7. Any person handling contraband
liquor in the night time or
delivering the same, shall bo guilty of
a misdemeanor, and on conviction,
shall l>e punished by imprisonment for
thirty days or $100 line.
See. :i8. Any wagon, cart, boat or
other conveyance transporting contraband
liquor at night other than regular
passenger or freight steamers
and railway cars, shull be liable to
seizure and confiscation ; and to that
end the officer shall cause the same to
Iki appraised by three disinterested
citizens, and unless recovered Jjy claim
and delivery proceedings and suitable
bond, shall be advertised and sold and
proceeds sent to tho State Commissioner.
Sec. 39. Every Dispenser, when he
sells u package containing liquor, shall
put a cross mark in ink on the label
or certificate thereon, extending from
the top to the liottom and from side to
side. When any liquor is seized hecause
it has not tho necesary eortillcates
and labels required by this Act,
the burden of proof shall bo noon tho
claimant of said spirits to show that no
fraud hiw beencommitted und that the
whiskey is not contraband.
Sec. 40. That any railroiul, steumboat,
express company or other common
carrier shall incur a penalty of
treble the invoice price of any alcoholic
liquors lost or stolen in transit to or
from the Dispensary, whether shipped
as released or not, such penalty to be
recovered by action in any court of
competent jurisdiction.
Sec. 41. That it shall bo unlawful
for any person to take or to solioit
orders, or to receive money from other
persons for the purchase or shipment
of any aicoholic liquors for or to such
other persons in this State, except for
liquors to bo purchased und shipped
from the Dispensary, and any person
violating this section, upon conviction,
shall be deemed guilty of a inisdemeunor,
und shall be punished by imprisonment
not to exceed thirty days or by
u lino not to exceed $100.
Sec. 42. It shall l>e the duty of
sheriffs, deputy sheriffs rnd constables
having notice of the violation of any of
the provisions of this Act to notiliy the
Circuit Solicitor of the fact of such
violation and to furnish him with the
names of any witnesses within their
knowledge by whom such violation
can Ik* proven, if any such officer or
Solicitor shall wilfully fail to comply
with the provisions of this section, he
shall upon conviction, be fined in a sum
notl ess than $I<)0 nor more than $.'>00 ;
and aiich conviction shall work a forfeit
uro 01 incomcc held by such person:and
the court before whoru such conviction
is hud shall, in addition to the iin,
position of the lino aforesaid, order
and adjudge the forfeiture of his said
office.
Sec. 43. The Governot shall have
authority to api>oint one or more State
constables at a salary of $2 per day
and expenses when on duty, and two
chief constables at $2 ouch per day uud
expenses, to see that this Act is enforced,
the same to bo charged to tho expense
of the State Commissioner, except
as otherwise provided in this Act.
Sec. 44. All Acts or parts of Acts
inconsistent with this Act are hereby
repealed.
_ Sec. 45. That wherever In this Act
information, the faete ami grounds t
upon which the affiant bases his belief. t
Soo. 4tl. This Act shall not be hold I
or construed to in any manner repeal
or effect existing laws prohibiting the
sale of intoxicating liquors within certain
distances of churches and schools.
Sec. 17 That brewers in this State
of rice l>oer heretofore engaged in the
manufacture and sale of rice beer containing
not more than 2 per cent, of
alcohol shall bo allowed thirty days
from the approval of this Act to dispose
of their manufactured products
now on hand.
Sec. 48. That Chapter", Title VII
of the Code of Civil Procedure of this
State entitled, " Of Provisional Itemed
lea in Civil Actions," shall not apply
to any officer or person having duties
to perforin under this Act and in no
case shall an action lie against any 1
such officer or person for damages to | I
DCI'dOtl or oronert.v n? nciivlilml in nui.l . ,
chuptcr.
Soi!. This Act shall take clTcct i
Immediately upon its approval. i
?
AS TO COUNTY GOVERNMENT.
Till-] NEW Ullih I?AHHEI> BY THE
ItECENT nE<118IiATUHE.
A Mouhuio tluil Needs the Care Hi 1 At- |
trillion of livery Citizen?A llill to
Provide a System of County Govern- J 1
inent for the Several Counties of the
State.
Bo it enacted by the Senate and House
of Representatives of the State of South
Carolina, now met and sitting in General
Assembly, and by the authority of
the same:
Soction 1. That from and after the
1st of January, all Acts, parts of
Acts or Sections of the General Statute
relating to the election duties, ;
powers and rights of county commissioners
he, and the same are hereby, repealed,
except such special Acts, parts
of Acts or Sections of the General Statutes
as have heretofore conferred
special powers and privileges upon the
county commissioners of any county,
which said duties are devolved upon
tho county supervisor and county board
of road commissioners as hereinafter
provided.
Section 2. There shall he an election
held at next general election fur State
Onil'BIM ill t li<? uot'oriil ootltd L..1
State for one county supervisor, and at
every general election thereafter,
whose term of ottico shall he two years,
and until his successor shall have heen
elected and qualified.
Section If. The county supervisor so
elected shall, before entering upon the
duties of his ofllce. execute a hond for
' the use of the county, with three or
more sufficient sureties, for the faithful
performance of his duties, in the
penal sum of live thousand dollars, said
bond to ho approved in manner the
same as now provided for bonds of
county auditors and treasurers.
Section 1. The county supervisor
shal' have general jurisdiction over all
public highways, roads, bridges and
ferries, and over the paupers, and in
all matters relating to taxes and disbuHcinonts
of public funds for county
purposes in their respective counties,
and in any other case that may ho noe1
cssary for the internal improvement
and local concerns of their respective
counties; said supervisor shall have
power and authority to administer
oaths to any person in reference to matters
appertaining to his otliee.
Section .">. That the Governor shall |
appoint, upon the recommendation of
the Senator and members of the House
of Representatives from the lespectlvo
counties three discreet freeholders in
each township in the several counties ,
of the State, who shall he known as the
township road commissioners, whose
term of otliee shall bo coterminal with
that of the Governor by whom such
commissioner shall have boon appointed,
and until their successors are appointed
and qualified. In case of a vacancy
or in case of the refusal of any
person so appointed to serve as such
commissioner, the Governor shall fill
the same as hereinbefore provided :
Provided, that no person shall be required
to serve more than once in every
four years, and said commissioner
shall, (luidliir ll,o Ini'in of l>i^
, - r, ? ? w..,i w, .n;
exempt from all road and jury duty.
Section 0. That all duties, powers
1 and privileges now devolved upon tho
township hoard of assessors he, and the
same are hereby, devolved upon the
township hoard of commissioners, and
township boardsof assessors are hereby
abolished.
Section 7. That all the duties, powers
and privileges now devolved upon
county hoards of equalization he, and
the same are hereby, devolved upon the
county hoard of commissioners, and
said county board of equalization is
hereby abolishod. And iho members
of said board, while performing the
duties now devolved upon the county
board of equalization, shall receive the
same compensation as such hoards now
receive.
Section 8. That tho county supervisor,
together with the chairman of
the township boards of commissioners
in tho several townships appointed by
tho Governor, shall constitute the
county board of commissioners, of which
said board tho county supervisor shall
he chairman.
Section 9. That immediately after
the appointment, of the several hoards
of township commissioners, and the
election and qualification of the county
supervisors, or as soon thereafter as l
may he practicable, the said suporvi- 1
sor shall call a meeting of the county I
board of commissioners for the purpose
of organization. And the said board
shall meet thereafter on the llrst Mon- 1
day in January, April, July and Octo- 1
her of each year at the county court '
house for the transaction of business,
and a majority of said board shall con- <
stltuto a quorum : 1'iovlded, that the
chairman of said hoard may cull an extra
meeting at any time, and shall l>e
required to do so upon the written re- '
quest of throe members of the l>oard. j
That at tho first meeting of said )>oard 1
I \>nvy Mituii eiect one or their number 1
who shall be a momber of tho Stuto <
board of equalization and who tdiall 1
perform all the functions of said office
as now provided by law. I
Section 10. That it ah nil tho duty I
of tho county supervisor, together with <
the chuirinon of the hoards of township t
commissioners, township road com mis- |
sioncr, to lay off into convenient set;- ?
tions the roads, bridges and ferries in I
the several townships in their respec- (
tive counties, which saitl sections shall 1
bo numbered for the purpose of lotting t
out tho same to bo worked and main- *
talned under contract. \
Section 11. That if the county board *
of commissioners conclude to adopt the h
contract system for working, maintain- j
ing, constructing and oporating tho \
several sections of highways, roads, e
bridges and ferries in the soveral t
townships of their respective countios, t
tho county supervisor, us soon as prac- 'J
ticable thereafter, shall advertise in a I
newspaper published in tho county a
ou^e a week for three weoks und by
notes posted in two or more conspieu- t
ous places in the several townships, for a
bids from responsiiblo persons for doing a
the work as above set forth. Any and ^
I^ILiygi^^^^^^^^tMvriting, sealed I.
I
oil to the county txnml of commission- I
*rs, and it shall )hj the duty of said ]
Kmrd to accept the lowest hid made by <
l rcsitonsible person or party : Pro- , 1
tided, that said board may in its dis- ;
: ret ion reject any and all bids.
Section 12. When any bid shall have i
>een accepted by the county board of i
'otntnissioners they shall require the
>erson or party whoso bid, with good i
mil sufficient sureties, shall have been i
iccepted to enter into bond double the
imount of said bill, payable to suid
toard and their successors in ollleo, for i
,ho use of the county, which bond shall
tpcclfy tho nature of the work requir d,
conditioned for the i .ithful per- ;
ormanee of the same.
Section 13. in case of the failure of (
my contractor to perform the conditions
>f his bond the county bourd of cone
inissioners shall declare the same forfeited,
and the circuit solicitor shall
outer suit in the name of said Itourd
upon said Itond for the penalty thereof,
and any sum of money recovered in
such action shull lie paid into the
county treasury and become a part of
tho county road fund.
Section 14. The county board of comsioners
shall have power to remove any
! i tilt llll (lofii 11 1 t i liis i*i ^ rui'lt ti'ki mill til
to relet the section or sections of highways,
roads, bridges or ferries so let
to him to some other responsible person
or party.
Section la. The county treasurers of
the several count ies are hereby authorized
and empowered to receive from
any and all persons liable to road duty
in the several counties the sum of two
dollars as a commutation tax in lieu of
all road duty required by law, and all
money so paid shall be set apart and
known as the county road fund: Pro- j
vided, that said commutation tax he
paid between the first day of November
and the first day of March in each
year for that fiscal year, or when State
and county taxes are paid, and that
the county treasurer shall furnish a receipt
to the person so paying th?> same.
Section H'?. The county treasurer I
shall furnish the county supervisor a j
list containing the names of all persons i
who have paid their commutation tax, !
and the chairman of the township j
board of commissioners shall also prepare
and furnish to the supervisor a
list of all persons liable to road duty in
their respective townships, and the !
said supervisor shall check off the |
names of all persons reported on the |
list of the county treasurer as having !
paid their commutation tax. and all
persons whose names shall remain on
the list so checked shall be required to I
perform road duty, not exceeding in
the aggregate six days; said persons
shall not be required to work more
than three days in any one week, and
shall he assigned to such duty by the
county supervisor under one of the
contractors in the township having under
control the section or sections near- |
est the residence of such person or |
persons : Provided, that in those coun- j
ties where the contract system is not
adopted said persons shall perform the !
work under road overseers, to be ap- i
pointed by the board of township com- j
111 mwnuiura lor eacn VOWIlSlllp, UtlUcr
the provisions of existing laws.
Section 17. It shall bo thoduty of the
contractor of any section to receive
such person or persons assigned to iiiin
under Section H> by the county super- j
visor, and lie shall allow to the county
board of commissioners a sum of not
less than fifty cents per diem for the
labor of any such person or persons,
and said sum shall he credited upon the
amount due or to become due said contractor
by the said board.
Section IS. In case of the refusal of
any person or persons to pay his or
their commutation tax as herein provided,
within the time prescribed by
this Act, and upon refusal to perform
the road duty required by Section 1 of
this Act, he shall be deemed guilty of
a misdemeanor, and upon conviction '
thereof shall be lined ten dollars and 1
costs, or imprisoned in the county jail ]
for the period of twenty days: Provided,
that if any person liable to road ,
duty neglects to pay his commutation '
tax within the time prescribed by this j
Act, the county treasurer is hereby an- ,
thori/ed to receive the same, with aj
penalty of;"?() per cent, of suid amount i
added: Provided, the same be tendered j
within fifteen days after the expiration
of said time.
Section 11). All accounts, claims and
demands of whatever nature existing !
against the county for opening, con- j
struetinir, maintuinimr and iiimniiihir !
imy public highway, road, bridge or
ferry, shall be presented to the county
board of commissioners duly attested,
and if approved by said board the
county supervisor shall draw his war- !
rant upon the county treasurer, under |
the seal of the county board of commis- 1
sinners, I >r the amount of any such j
claim 01- claims, which warrant shall 1
be countersigned by the secretary of J
the hoard, and the same shall be paid i
by said treasurer of the county road !
fund.
Section 20. Any wilful neglectol duty j
on the part of any member of the !
jounty board of commissioners shall j
bo deemed a misdemeanor, punishable
by a fine not exceeding one hundred
dollars or imprisonment not exceeding
one year.
Section 21. The county board of commissioners
shall, at the last term of
the Court of General Sessions in each
year, make a report to the presiding
Judge, to be by him submitted to the
grand jury, of all their actings and
doings, containing an itomix.ed statement
of all amounts ordered to be paid 1
by them, tho condition of the public
highways, bridges and ferries in their 1
respective counties for tho fiscal yeai
una nil matters appertaining to the
laino.
Secbton 25. The members of tb?
jounty ooard oi commissioners shall 1
have power to administer oaths to ail 1
persons appearing before them, and to 1
punish by fine not exceeding ton dol- 1
ars, or imprisonment in the county
jail not exceeding twenty-four hours,
iny and all persons guilty of disorderly
jonduct amounting to an open or direct *
jontompt or wilful interruption of their
proceedings.
Section 211. That from and after the
passnge of this Act all the courts of
,his State and municipal authorities, 1
which under existing laws have power '
to sentence convicts to confinement in 1
prison with hard labor, shall sentence
ill able-bodied male convicts to hard '
abor upon the public works of the
:ounty in which said person shnll have
)oen convicted, and in the alternative
o imprisonment in the county jail or .
Unto penitentiary at hard labor : Pro- 1
ddod, That municipal authorities may 1
ontenco convicts to work upon the <
itrccts and public work of the munici- j
)alit.y in which they have been con- <
doted, and such convicts when so i
ontoncod shall work under the direc- i
ion and control of the municipal anhority
imposing sentence. Provided, <
1'hat 110 convict whoso sontenco shall |
>e for a )>oriod longer than two years .
hall bo so sentenced. t
Section 24. That all convicts so sen- t
onced shall be under tho supervision s
nd control of tho county supervisor t
11 d by hint formed into a county chain- c
ang and required to perform hard 1
ibor upon tho public highways, roads,
H I mmmmmmmmmmmtmmmmmmmmmmtmmmmrn
tlino, place and manner of labor to bo t
performed by said chain-gang : I'm- i
ruled, that said chain-gang shall not 1
be worked in connection with or near 1
tiny road contractor or overseer.
Section 2b. That the county board of *
commissioners shall diet and provide i
suitable and ellieient guards and up- 1
pliances for the safe keeping of saul i
convicts. They shall likewise provide ! t
nil necessary tools, implements and j t
road machines for performing the work ' i
required of said convicts, all costs and ! 1
expenses of which shall by paid out of <
t lx; county road fund in the sumo man- 1
nor as other charges agaiiist suid fund
lire paid. ? i
Section 2<>. That in case Any convict ?
or convicts so employed by the county ]
supervisor shall become ungovernable '
or unfit for the labor required of suc'i |
convict or convicts, the said supervisor <
muy commit such convict or convicts ?
to the State penitentiary or county <
jail. And it shall be the duty of the I
superintendent of the penitentiary, or '
the sheriff of the county, as the eu*o ]
may be, to receive any such convict or
convicts so committed. When said <
chain gang is not employed, or when 1
convenient and practicable, tney shall <
be confined in the county jail for safe i s
keeping under direction of said super- j :
visor.
Section 27. That the county l>oard of
commissioners shall be uuthori'/.cd and i
required to employ a physician or phy- <
sicians whenever iieeossury to render ?
medical aid to sick convicts and to pre- j 1
serve the health of the chain gang. '
The fees and expenses of the same, as
well as for medicines prescribed, to he i
paid out of the road fund as other > i
claims are paid against said funds.
Section 2*. The county hoard of commissioners
shall have general supervision
over the paupers and the poor
house and farm of the county, and the
said hoard shall provide all necessary . 1
buildings for the accommodation of the
poor of the county, with a sntlicient j
tillable land to give employment to all
paupers able to work, and said build-|
ings and lands shall he designated as
the poor house and farm of the county.
Section 21). That said hoard shall he
(>mpowered to make all necessary rules
and regulations for the. government of
the county poor house and farm, to appoint
a superintendent, with such as- |
sistants as may he needed, to provide
means for the employment as may he
best suited to the inmates of the poor
house, to see that every pauper able
to work is employed, and to appoint
one or more physicians to the poor j
house, who shall furnish medical aid
to the indigent sick.
Section .'11. The county hoard of commissioners
shall have power to demand,
sue for and receive all such gifts, lega- i
eies, lines, forfeitures and all other
moneys or things which may he given
as coming to the use of the poor.
Section 112. In case any poor child or
children whiill lie ?n? lw...I,........
ablo to the county tho county board of
commissioners umy hind out any such
child or children as tin apprentice to
some person of good moral character
untiisuch child, if he he a male, shall I
arrive at the age of Id years, and if it
he a female until she arrives at tho ago
of I I, or shall marry. The said hoard
shall have power to bind out to service,
under some person of good moral character,
any illegitimate child or chil- J
dren likely to become chargeable
to the county or liable to ho demoralized
by the immoral conduct or evil example
of their mother or other persons
having them in charge, in the manner
and for the time prescribed for pauper
children, and they shall have power to
issue all necessary writs to enforce the !
provisions of th is section.
Section Any money becoming duo
on any recognizances given for the
maintenance of any illegitimate child
or children, if such child or children
shall he bound out to service, shall he
paid to and received by the supervisor,
to he invested and expended by him
under the ordor of the Probate Court
for the benefit of such illegitimate j
child.
Section .'11. The county hoard of com- i
missioners shall have power to make
all contracts in reference to supplying j
the poor house and inmates thereof, 1
repairing buildings and other neces- j
sury expenses incident to the euro I
ami maintenance of said poor house
and farm. Where any contract shall
exeeod the sum of twenty dollars they 1
shall advertise and receive bids for 1
same, and shall accopt tho lowest hid
from a responsible person.
Section 35. All accounts, claims and
demands of whatever nature against
tho county in reference to the poor
house or farm for the maintenance and
support of paupers shall he presented,
duly attested, to the hoard of countv
commissioners and in* by them audited,
allowed or rejected, and for the amount
of any claims so audited and itllowcd
the county supervisor shall draw his
warrant, under the seal of the board,
upon the county treasurer, countersigned
by the secretary of the board,
who shall pay the same out of the pauper
fund of the county.
Section 3d. The county board of commissioners
shall, at the bust term of the
Court of (ienerul Sessions in each year,
make a report to the presiding judge,
to In: by him submitted to the grund
jury, of all their actings and doings
for the fiscal year, containing an itemized
statement of all amounts ordered
to bo paid by them, with a list of inmates
and the condition of the poor
house, farm and inmates.
Section 37. The county supervisor I
shall procure and adopt a seal, and '
when so adopted shall cause a do- i
seription thereof, with an impression I
therefrom, to bo liled in the otlleo of (
the clerk of court and of the shorifT,
treasurer and secretary of State, and
the same shall thereupon be the seal
of the supervisor, and all orders or
other papers signed by said commissioner
shall be authenticated by the
otllciul seal.
Section 3H. Each county shall pay:
1. The foes of the grand and petit jurors
while in attendance upon the Circuit
Court. 2. Witnesses' fees in the
State eases for actual attendance upon
tho Circuit Courts us provided bylaw.
3. Pees of physicians and surgeons testifying
as exnerts before th?? rii-min
Court. 4. Foes of sheriffs and clerk of ,
court oh provided by law. f>. Foes of j
county coroners as allowed by law. (?. t
Fees or salaries of trial justices and .
constables. 7. The salaries of auditor, t
treasurer and county supervisor as pro- j
vldod by law. ,
Section .'lb. Thai tho fees allowed f
jurors, constables and witnesses sball i
he paid by the treasurers of the eoun- c
ties, on the presentation to them of h
certificates signed by tho presiding' t
judge and countersigned by the clerk i
>f tho court, or be received by him in i
payment of all county taxes, when duly i
ipproved iiy the county supervisor. I
Section 40. That tho accounts of tho
joronor and short IT and supervisor and j
ihysicians1 or surgeons' fees for post t
nortem, shall bo approved by eoun- d
y hoard of commissioners, and ]
he supervisor, on their approval, n
hall draw an order upon the county t
reasurer for the payment of tho same, d
countersigned by the secretary of tho v
loard. u
Section 41. Short IT*, deputy sheriffs, I
oroners and constables snail oxeeuto d
ho boards heroin provided for, or the |
chairman thereof, ami shall receive
,horefor tho sumo fees und costs ulowed
in other eases.
Section 42. That the reports of the
,'ounty treasurer and other officers ,
low required by law to ini made to the
board of county commissioners shall,
iftor the passage of this Act, l>e made
to the county supervisor, and all settlements
by any 01 the county officers
now required to be made with the
board of county commissioners or its
.'huirmun shall be made with the county
supervisor.
Section 43. Tho county Ismrd of commissioners
shall prepare an estimate
if tho amount of money necessary to
pay the expenses incurred by saiu
boards und for ordiuury county expenses
and report the same to tho
Comptroller General of tho State, on
>r before the 15th day of November of
such your, to be by him submitted to
the General Assembly in order to prol.l.ln
- -
, mu nn- in-cc-Hiiry taxation lor county
|)UI'pOSCS.
Suction 44. I u case tlio failure of the
ounlv supervisor to fuithiully perform
the duties of his oMlce or the conditions
>f liis bond, it shull be the duty of tlio
solicitor of tin* circuit in which such
jupervisor shull reside to bring an action
upon tin bond of said supervisor
in the name of the county, and any
imounl realized from said suit shall be
deposited in the treasury to the credit
jf the road fund, and shall receive
therefor such fees us the court shall
designate.
Section 4">. That the salaries of tlx#
supervisors in the several counties
shall bo paid quarterly by the county
treasurers out of the county funds, in
tlio same manner as other claims
against said county are paid.
Section 40. That it shall ho the duty
nf the county supervisor to cause a record
to be kept of all the proceedings
of the board in which he is herein inado
chairman, as well as a record of all
contracts entered into with said boards,
as provided in this Act, which said
records shall he open to public inspection.
and ull necessary books and material
for keeping same shall be paid
for out of the funds herein provided for
the respective boards in the same manner
as other charges arc paid.
Section 47. That so much of this Act
as applies to the working of the public
highways hv the contract system and
by convicts in chain gangs shall not ho
obligatory on such county hoards of
commissioners as conclude that the
present system of working the highways
in their respective counties is
more conducive to the welfare thereof;
and in such eases overseers, as now
provided by law. shall ho appointed in
each township by the township board
of commissioners for such townships,
who shall execute the laws now of fm-i-i.
iii reference to the working of public
highways.
Sections 18. That Haul county board
of commissioners at their first meeting
Hhall eleet one of its members as secretary
thereof.
Section 40. That the salary of the
supervisor in the respective counties
shall he as follows: In the county of
Abbeville, $9001 in the county of
Aiken. $800; in the county of Andorson.
$000; in the county of Barnwell,
$800; in the county of Beaufort, $800;
in the county of Berkeley, $500; in the
county of Charleston, $1,000; in the
county of Chester, $800; in the county
of Ohestorlield, $100; in the county of
Clarendon, $800; in the county of Colleton.
$800 ; in the county of Darlington,
$000; in the county of Kdgelielu,
$H00 ; in the county of Fairfield, $050;
in the county of Florence, $f?00; in the
county of Georgetown, $750; in the
county of Oreenville, $000; in the
county of I lampton, $000 ; in t he county
of Horry, $f?00 ; in the county of Kershaw,
$000; in the county of Lancaster,
$1100; in the county of Laurens,
$000; in the county of Lexington, $000; j
in the county of Marion. $8(X); in the
county of Marlboro, $700; in the county 1
of Newberry, $750; in the county of
Oconee, $500; in the county of Orangoburg,
$800; in the county of I'ickens,
$400; in the county of Itiehland, $800;
in the county of Spartanburg, $1,000;
in the county of Sumter, $1,000; in the
county of Union, $000; in the county
of Williamsburg. $000; in the county
of York. $5(1(1
Section ."><). That all Acts and parts
of Acts inconsistent with this Act be,
linn the same is hereby, repealed.
? .
THE OOALA DEMANDS.
A HKI'LY TO < J ION. II AM I'TON.
10vans and Stokes Contend that There
is Nothing Inconsistent Willi True
Democracy?Voting l"or the Neath
nees is the Only Test o|'Party Atllliut
Ion.
Hon. Wado ITami>ton, Washington,
D. C.
Dear Sir?-Your letter addressed to
ns and published in the State and
Register of the Ibth instant has had
>ur careful attention, and candor compels
us to say that as a reply to the
luestion we propounded it is a great
lisappointment. It will prove a disappointment
to the great organization
:>f farmers we represent, whom you attempted
to read out of the Democratic
party. It will prove a grievous ilisuppointmcnt
to the great mass of our
people who honestly believe that the
principles underlying the Ocula platform
are identical with the Democracy
of Jefferson and the oartv he
founded ; yet, moved by memories of
past association and confidence were
willing even to hold conviction itself
in abeyance until the man they had
trusted in the past might at least give
reasons for the bull of excommunication
lie had issued against them.
It will lie a disappointment because
/on distinctly decline to answer llio
piestions asked ?perfectly plain (piesLions?that
oinhody every principle involved
in the Ocala platform and that
ni^ht have boon answorcd in much
less space than you have actually used.
It is a disappointment all around and
novo than all because your remarks
ire not characterized by your accustomjd
straightforwardness and courtesy.
Remembering that the people of this
state had repeatedly honored you for
/our reputed liberality and statesmanike
cast of mind we purposely discard)d
verbiage about which more or less
prejudice had collected and asked you
,o discuss groat principles that lie belind
that verbiage. You decline to
liscuss principles and talk alxatt platbrins.
Since you have chosen after a
UOIlth of d(dih?>rnti??n : -
1.V.V/II vx# ui ill^ VIIU UI8f~
Mission down from tin; broad piano of
.tatosmunship upon which our (plosions
put it and pluoo it apparently
ipon t he low piano of narrow factional
lolitics in this State why, porforco, wo
nust- to some extent try to play the
lolitician, too.
1, In the first plaeo, then, yon dis*
kiso the first Ocala demand, against
he national banks, thus : " No such
loniand is made by tho Democratic
lurly. It may have escaped your
nomory, if you over knew tho fact,
hat theso hanks hold charters which
o not expire until 11K17, so that there
rill bo somo difficulty in the irnniedite
abolition of the national banks."
ndocd, and, because, forsooth there is
iflicuTty in the way Tt is undemocratic
-hat i? what you w'oro to show) to agi
tate it. however righteous the prinoi-J d<
plo. Is thut the position. General. U? i pi
which you would mmlt youtvelf and '
us? What have hon ruble men < 1'
spirit to do with difficulty whet-- pri: j le
ci pie is involved? Bui are y . sure, ; in
General, that no such demand is made | p?
by the Democratic party ? i o|
To lwrrow your own choice pht'uscol- i
ogy toward us (which Tiie State assures o|
us is studiously courteous) " it may tl
have escaped your memory, if you h;
ever know, the fact," (hut the Demo- w
cratie platform of 1 HT?<? contains the fid- w
lowing plunk: "Congress luis no w
power to churter a National hank, m
\Ve believe such tin institution one of it,
deadly hostility to the l>cst interests of s
the country, duugerous to our Keuubli- 01
cun institutions and the liberties of p,
the people, and calculated to place the (t
business of the country within the eon- i cl
trol of a concentrated money power
und above the laws and the will of tlio 1)
people." Moreover, " it may have di
escaped your memory, if you over p
knew the fact," that this plunk was re- ! ti
(\l ... 1 t .. A 1 ? . # " * ' "
Miuriiiuu in me piuilortu of I8hO. coil- h
plod with the declaration that " Demo- tl
cratie principles are unchangeable in tl
their nature when applied to the same p
subject matters." " It may have h
escaped your memory." too, "if you a
over knew tbo fact," that ovary Democratic
platform ever uttered by the ei
party (save the first) down to 18(14, con- Is
tained precisely that same strong p
language ugaiust national banks. If, it
then, as the party has more than once n
declared its " principles are unchuugo- oi
able," it is a little dillicult to find iustl- n
licution for your charge of political u
heresy against those of us who in 18U3 g
hold to the principle that from 1840 "i
to 1804 was tlu: height of Democratic ts
I virtue.
You say the sub-treasury idea is , tl
unconstitutional. Well, really, honor- ' h
' ed sir, we thought it rather beneath ei
your dignity to go cracking stale H
political chestnuts like that. Your d
reading must have been exceedingly tl
limited if you did not know of aspromi- oi
ncnt a Democratic lawyer as Judge *
Norwood of Georgia and others of n
equal prominence had expressed a con- h
, trary opinion. Hut suppose we admit w
I that the seheaio is unconstitutional; b
i does that debar us from agitating it ? p
If it he a good thing for the massed h
under the changed conditions and pro- ' C
gres* of the nineteenth century, why f<
should the Constitution forever stand 1'
[ between the people and its enjoyment ? a(
I Are you serious. General, when you V
teach by implication that it isundomo- d
i cratie to seek any change in the Con- p
! stitution however righteous and desir- tl
able that change may be ? And mark,
I you. it was the democracy of this do- h
in and you were to discuss. o
3. You dismiss our demand for free y
coinage 01 silver with the simple quos- h
tion : " Is (his demand in accordance a
; with tho Democratic platform v" And 1
l is this the licst that can bo done? tl
You set out to show that it did not con- o
I form to the Democratic platform. t?
| You only ask us if It docs. Assuming
that you ask in good faith, we, at least, vv
will not evade a direct question, so we y
answer unhesitatingly, yes, it does; si
I and was so held by tin' Wuinicst and p
| host Democrats in the United States g
I Senate?such men as Morgan and cm
' Daniel, and Irby and Tiutlor, and a y
host of others.
To borrow another choice phrase direeled
to us (and which we are assured cl
j is studiously courteous) " you have, u
we r. up pose, road the Democratic plat- 1'
j form, and if you compared it" with
the Ocala you will see that both conI
ileum the Sherman act. Thus far they c'
are identical. The Ocala then deI
mands " in lieu thereof the free and w
| unlimited coinage of silver." Tho 01
Democratic goes on to say : " Wo T
hold to the use of both gold and silver w
as the standard money of the conn- U1
try and to the coinage of both
gold and silver without discrimi- ~
nating against either metal or '
charge for mintage." The moaning is .
precisely the same. The reading 11
public will note how signally you have
failed not only to justify your charge
that " no man who upholds the Ocala !
platform can properly claim to bo a
Democrat," but even to show that the
platforms are wholly antagonistic.
4. You think it a sullicient answer
to our demand for tho ownership of .
.... 11 ?i ?i.i ...
iniirunu uiiti voiegrapn lines, in certain
contingencies, that it would cost
several times as much as the civil war. . ,
Supposing this were true, that docs 1
not prove it is undeinoeratic?and that 11
is what you set out to show, mark you.
You were to prove that '* no man who .
unholds" this "can properly claim to '
be a Democrat," and you simply argue V1
that it is costly ! Again we ask?what M
have honorable and spirited men to do I"
with cash whore principle is involved?
Away with such sordid standards of
expediency ! Let us probe these questions
to the core, and if the principle l.11
he correct and best for the masses of '
the people, let us maintain them though
they cost myriads of money and men.
That was the spirit that animated the ^
Democratic party in 18(50. They did 1
not stop to count up costs when the m.
rights of the people wore threatened.
The rights of the people are threatened ill
to-day. It is a question whether .'
the people shall own the railroads or
be owned by them. Already in this 111
State insolvent railroads refuse to pay Vt
taxes and boldly bid defiance to the
people. But are we shut in to buying
these roads already huiltatthc fraudu- hi
lontly in tinted valuation of watered jc
stock? If the fraudulent water were js
squeezed out of them, the actual cost in
would probably not exceed a fourth of tli
the amount claimed. What is to th
hinder the government from building
its own lines? Certainly such an en- hi
terprise would be a God send to the yc
three million men who are to-day "ii
moneyless and homeless, with starv- C<
ing wives and children around them, fti
simply because the National banker's ha
panic has stopped the wheels of in- f?
dustry ami dammed up misery upon Ul>
the people. A Democratic adminis- nn
tuition is spending millions a year in
permanent structures for the safety >'ii
and distribution of the mails. ^V'nnt ~i'?
would be the difference in principle H)>
between dointf this and constructing r>'
lines for tho transmission of those
mails? A measure that at tho same
time protects tho invaded rights of w'
the people and furnishes a general 1)U
relief from an overshadowing menace, ('?i
looks very distinctly Democratic to us, ^o
and it will take something more,
General, than an nvn
vaii^^VlttWU UStllDftlO
of coat to frighten tho people from it. rei
5. You say in regard to our demand noi
for the election of United States Sena- ag
torn by tho people, that it will require niv
a change of tho Constitution to effect 8ta
this. Thoro ia no news in that. 44 You ley
have, wo auppdao, road the doraandM tin
as printed in tho body of your article, ins
and you must have seen that it ia dis- ant
tinctly a demand to ehango the Con- dov
stitution. You fail uttorly in this, ua cu[
in previous instances, to adduce a hat
ainglo argument why it is undomo- of t
oratic to propose a needed change in At
tho Constitution. You say you th?
44 hardly think that tho ohungo will be Ye
made in timo t?> allow any of tho pre- No
pont young aspirants of the Alliance to dis
test their strength before tho people." lng
Just what bearing this little (ling at th?
the "young aspirants of the Alliance " tha
has upon the undemocraoy of tho cid
miund (that in what you wi rj to
ove) iv not apparent. Vou say you
hav never denounced tint Alliance."
v. maps not: hut covert tlings at its
udors has been u favorite way of tryig
to injure it umong people who fir
jiiticul reasons dare in t denounce it
Ktnly.
0. Yes. us a rule wo us individuals
jposed the State hunk proposition of
10 Deniocrutle platform. Hut whut
as that to do with tho Oca la platform
Irieh you set out to prove inconsistent
ith the Democratic ? "You have,
e suppose, read " the < >. ala platform,
tid if you did you must have seen that
makes no reference whatever to
late hanks. What bearing then hus
ir individual opinions upon your proositiod
that "no man who upholds
he Oca la platform) can properly
aim to be a Democrat V"
Hut if we are to he kicked out of tho
emocratic party because wo as in*
iv id mils oppose one plunk in the party
latform, we will have a goodly con*
ngent in our company. Wo will
avo a majority of the Democrats in
ic United States Senate who opposed
to administration view of the silver
lank of that platform, and we will
avo with ns the ^r?.-at masses of tho
mericnii in>nnh>
What constitute* the test of a Demorut
anyway in this degenerate day '/
pit unquestioning adhesion to every
laink of the Democratic platform '/ Is
. fidelity to principles'/ Certainly
at. if we are to judgo hy the praetico
T the party. We have gold-bug Demerols,
and free silver Democrats
nd National hank Democrats, und
roenhack Democrats: free trade Doloerats
and protection Democrats and
irilT for revenue Democrats.
The party of free trade elected more
tan once a high protectionist to the
ighest position in the gift of a Demoratio
Congress; and even now a former
'.opublieun candidate for the I'resieney
occupies the highest place iu
te cabinet by appointment of a Demoratio
President who bad behind him
Democratic Congress and the wholo
lachinery of government. If aderence
to every plank of the platform
ere necessary to constitute a man a
democrat, then Sainncl .1. Randall. a
renounced protectionist, could never
avo been Speaker of a Democratic
Ongrcss: und Walter (,). (J res ham,
inner Republican candidate for the
'residency, could never be chief
ilviser of a Democratic President.
Hint then is the solo lot of a man's
emocraey under the practice of the
arty'/ Kvidently it is his support of
lie nominee in tlie general election.
Finally, after all your somewhat
mgthy discussion you lind only five
ut of twelve points upon which
on take issue with the Oculu platirill.
Veil <liwU iti?.( 1? i :* ' "
_ VIJ H^ILUU Willi l\VO,
s does "every Democrat" you say.
'o that extent you yourself uphold
no Oeala platform, and under your
\vn ruling you cannot " properly claim
) be a Democrat."
The most casual reading of our letter
ill show that we made no objection to
our organizing what, in t he last analyis,
would be Democratic clubs indoendent
of our State Dcntocratie or*
anization. Hut we had no con*
arn about that. We simply asked
ou to explain your statement that
110 man who upholds the Oeala platnan
can properly claim to he a Demorat."
\ ou refused point blank to
nswer the questions wo asked, and
roceoded to compare platforms, with
10 result shown above, but not even
11 that ground could you defend your
large against us.
This etTort to make it appear that
e objected to your organizing Domo atlc
clubs is entirely apart from the
uestion you yourself raised, and is not
arrantod by anything we wrote. It
ppears to be in line with your other
Torts to read Alliunermen out of tho
omoeratic party and discredit tho
young Alliance " leaders, while pressing
groat respect for tho organizuon.
W. D. Kvans,
President S. C. State A1 Hiatal.
, W. Stokks.
Lecturer S. C. State Alliance.
? ?? - ?? - ?STATIC
MOWS IN ltltHOT.
uteres! lug Notes IVom Various Sour*
CON.
... *.rP 1 | j | |] |u??AUO?? . 4 T * "*
_ .,w Mio|>iiiin<(i y ill litlWlCllllftlj 1-jgx*
igton county, was broken into and
)bhod of $;UK) worth of liquor?all that
as in tho store.
?State Liquor Commissioner Traxir
is to l)e paid $11,000 a year. Tho in oaso
it is said was mado to bis salary
jeauae of tho odium attaching to the
Dsition.
? Rev. J. M. Bostiek, several years
jo pastor of tho Barnwell Baptist
hureh, lias been engaged as teacher
ul chaplain of the Cooper Limestone
istituto, and will e.itor upon his \
ities at the beginning of the next *
tssion.
Constablos Blanton and .laekson in
[jartanhurg wont to tho house of n,
>gro named Hctnry Palmer in search
r whiskey, lie resisted the search
id shot Blanton in the stomach, ineting
a probably mortal wound,
lanton returned tho lire blowing tho
igro's brains out. Tho peoplo were
>ry much excited over the affair.
Hon. A. C. Latimer has introduced
to the House of Uepresentatives a
II for the relief of Newberry Colgo
in this State. The sum of 15.000
asked to pay for the college buildgs
used by the Federal army during
o war and destroyed by Uro during
e occupation.
Mrs. Murgarot Martin, of Columa,
died on the 27th inst., aged Hfi
ars. She was a native of Scotland,
id personally knew Sir Walter Scott, ?
mi. Lafayette, and many of the great
itosmen of this country. Her husnd
was ltov. Wm, Martin, who died a
w years ago. Mrs. Martin was tho
thor of several hooks, and wrote
uny beautiful poems.
? Col. Thomas S. Rhctt diod on tho
gton. lie fell from a step ladder
th inst. at his residence in Washout
two weeks ago breaking two
>s, one of which pierced his luntr.
? \?i
nun utmost recovered and was
dking across the room on Sunday
ion one of tho fractured ribs again
nctured the lung. Ho quickly lost
usciousnoss and never recovered,
lonel Khett was a native of Beau
t. South Carolina.
The body of Miss Yoargin, ofl.auis,
who was drowned in Cayuga Lake
tr Hhaca, N. Y., six or seven wooks
o, was washed ashore Christmas
fht near the depot at McKinney'a
tion on a branch of tho Lehigh ValRailroad.
It will bo remembered
it Miss Yeargin went rowing witii
tructor MeriTam of Cornell College
1 failed to return. They were unihtodly
drowned together by tlio
)sizing of thoir boat. Great interest
i l>een takon in tho case on account
the proniinenco of the young peojile.
one tirno, a report was circulated to
> effect that Mr. Merriam and Miss
argin had been seen together in
w York city after tho date of their
appearance from Ithaca. Tho find
of Miss Yoargln's body disproves
it story and no doubt remains but
it thoy met their death by tho uoental
overturning of thoir rout.