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-- - * - VOLHE PEOPE'.N.,, _ A VOL. S.---NO. 38. CLKNS . C, TItR )YO OBR i &s NifIA AV1A THP WORK BEGUN IN EARNES' The Executive Department Under Ri view. Thirteenth )ay. The convention entered upon bar work this morning in the consideratic of matters connected with the execi tive department, relating to the estal lishment of a pardoning board and tli power of removal from public oflice b the Governor. A little by-play bega the session in an effort to unlock th wheels of the committee on county goi ernments. LIVELY TIMES IN A SPLIT CO)MMITTIj Mr. Otts rose to a question of hig privilege immediately after the coi rection of the journal has been con pleted and offered the following res< lution : Whereas, the committee on countie and county government has been ir creased from 11 to 12 mnmber-R-a even number-by orde.- of this conver tion, which has frequently caused deadlock and now a permanent dea. lock; therefore, be it resolved, that th Hon. J.W.Ployd, of Kershaw, be adde, to the committoo on counties and cour ty g'vernment. Mr. Austin, of Greenville, had rise ae soon as he saw Mr. Otts on the floor The latter declined to yield and pr<. coeded to speak, urging and beseecl ing the convention to give the cnmmiul toe an odd number to break the dead lock. Mr. Austin offored the following sut stituto : Whereas, the committee on countic and nounty government is composed c twelve memnibers, and whereas, wit1 this number the committee is unable t agree; therefore, be it resolved, tha the president of this convention be au thorized to add one additional membe to said committee. Mr. Austin said he was entirely wil) Ing to leave the selection of the od man to the chairman of the conventior He thought it preposterous and pre sumptuous for a membor of one of th two sides in the committee to try t name the odd man. Mr. Johnson concurred in this view Mr. Moore thought the fairest wa .would be to withdraw the last man al pointed. George D. Tillman moved to tabi Mr. Austin's substitute and gravely ani patlhetically gave an account of the sil uation in his committee, which elicite roars of laughter. Ho -suggested tha thirteen is an uwlucky number. Th committee had been going on smoothl. with six members for new counties an five for the old system of monopoly i court houses when this newcomer, wh favors the old county system, cam in and created a deadlock in which th committee had continued over since If the debate on the report was hal as exciting, fierce and bitter as it hao been in committeo be could pronlis that It would be a very interesting oc casion. The chair asked leave to make j statement. The name of the gentlemat who was made the twelfth member o the committee had been omitted frotr the newspaper roll used in making ui the committees. When the mistak< was discovered, as a matter of courtes to the gentleman he was allowed to be lect his own committees. As he chos( that on counties it was necessary to ob tain permission from the convention ti add one to the number of that commit too, which had been done. Mr. Prince, of Anderson, favored Mr Austin's substitute. He was willng t< leave the appointruent of the odd mar t,, the president or to the convention but he did not think one of the con testing halves of the committee shoult name the man or decide the point al issue. Mr. Broazcale ofoered a substitute in structing the two halves of the commit tee to make two reports and allow thi question to 1)0 foug ht out on the Il001 of the convention. *Mr. George 1). Tillmnan said the comn mittee could not agree on anything not even on Its points of dlisagreemnent (Laughter). Mr. Ots proposed that each half o the committee put up a man and lc the convention elect one of themi to ii out the comm tittee. Mr. Stanyarne Wilson objectedl t< this on the ground that it would force the convention to a test vote before was Iuformed of the merits of the (lues tion. Mr. Otts moved to table Nir. [Brea zeale's substitute. Lost. Mr. Bireazeale's substitute was thei adopted. , ii' iMOAti) OF PA.HIUONS, The report on the executive de part ment was taken up, and the pendlinj question was on Mr. Doerham's amena ment as follows: "Amend section 11, line 8, by sitri< ing out all after the word 'pardons down to and including the word 'poni tentiary,' and insert In lieu thereof 't be provided by the General Assen: Ml~r. 10fird opposed the amendmen He thought the members (of the pr< posod board should be persons wh: live in Columbia and who are' electe by and responsible to the peo0plo. H] wanted the composition fixed in th Constitution, and not left to any futur possible vagaries of the General A: sembly. Mr. Derham, In supporting hi amendment, said It to be an assumnj tion that thei governor Is workedt death, while the other State otficer had nothing to do, and should ther< tore be required to help him in bi work. As a matter of fact the Stat officers are harassed to dead) by the] membership on boards. Member should remember that the action take here would be final. If th~e Genere A lymade a mistake In corr Poftii the board it could be easil correoted. If experiments were to b tried they should not be put in th constitution. Mr. W. JT. Montgomery offered substitute that the board of direotor of the State Penitentiary constitut the board of pardons, and proceeded t speak in its favor. <- Mr. B. R. Tillmnan Bald the natter c pardons affected meon whose lives ar at etake and whose oases the boar< enoald freuntlye n .ato os in time without special meetings. M Montgomery withdrew his substitut< Mir. Dorham's aimendment was tle adopted, without debate, leaving th section as follows' "Section 11. tie shall havo power t grant reprieves, commutations an pardons after conviction (except i cases of impeachment) in such mannei on such terms and under such restric tions as ho shall think proper; and Ii shall have power to remit ines an forfeitures, unless otherwis0 directe d by law. It shall be his duty to repol a to the General Assembly, at the nos I- regular session thereafter, all pardon ). granted by him with the report of th e board of pirdtons. Every petition fe y pardon oir comiutation of sentene * shall be first referred by him to e board of pardon3, to be provided by th . General Assembly, which hoard sha hear all petitions, under such rule and regulations as the Gencral Asson ' bly may provide. The Governor m adopt the recommendation of sai board, but in cate he does not he shal submit his reasons therefor to th General Assembly. Mr. Dorham moved to strike out th a last sentence of the section, the eflfec of which'would bO, he said, to matik u the action of the board1 of palrlon final. a Mr. Menres moved to substitute th following for section I I as reported : "Ho shall have power to grant re prievos, commutations and pardon after conviction (except in cases of im, peachment) in such manner, on sue] terms and under such restrictions a the General Assembly shall prescrib, and he shall have power to reinit line and forreitures unless otherwise di rected by law. 'It shall be his duty to report to th< General Assembly, at the next regula session thereafter, all pardons granted with a full statement of each case am s the reasons moving thereundor." A point of order was raised agains " this on the ground that it was virtuall, L the same prolposition that tbe conven t tion had refused to reconsider. - Mr. Johnstone explained that ther< r was an imiportant difference, in tha Mr. Meares' amendiment proposed ti - leave with the General Assembly th, whole matter of regulating the grant ing of pardons. Mr. Meares spoke at some length it support of his proposition, which wit L) defeated by a large majority. Mr. Derham argued in support c his amendment. To leave the lint Y power of determining lardons with th Governor was to make the board nullity after creating it. Mr. Etird said the convention ha acted on the same principle involve in this amendiment and had decide that the final power should be in th hands of the Governor. Mr. Derham's motion to strike ou was tabled. Ovi.:llNOl'S IOW EAC 'O IENMMOVA L. When section 22 was reached Mi Elird moved to take up the minorit report, which was as follows: " WO fully concur in the report o f the committee so far as it goes, bu I think the committee has acted un 3 wisely in declining to report the fol - lowing section and recommend that i be incorporated in the report its sC t tion 22. "Section 22. The grovernor shad f have the right to investigate, or t4 order an investigation of all embezzle ments or appropriations of public fund: to privato use by any county ollice entrusted with the care and disburse ment thereof ; and in case of a prima facio showing of embezzlement, or ap propriation of funds to private use, 114 may suspend such oficors pending i judicial investigation, and appoin some suitable person to poerforin thc .(duties of such olli' during sucl j jud icial investigation, and in cast of conviction such appointLment shatl continaue for thle untex pi red terim .Respectfully submitted. " C. M. Ehird, L1.. S. C'onuor', J1. N. Estr idge, .1. TV. Douglass." Mr. Gray mioved to lay thme mimnrt. report on the table: ' Mr. Efird argued in favor of thle iU nority report. Without a pr'ov isior of this kind there would( be no checl ,01n county ollicers, no( means of in t.'tofering with them ini stealing publ ic or priivate funds. ExperClience hat l proved that the average ollicial bont was a poor1 dep~endence. A man migh I 1)e woirth $50,000) today and nothIi ng tomforriow and it wals atlmost imp jossI i to i'eatl ize oin such bonds. I Mr'. l Ace, of Siuter', op)posed th(i , innor'it~y reor)t. It left the Governmoi -absolute, unr'estr'ictedl n)ower w ithoul investigation oi' time8 ori notice fo.' (I .fonse. Under this section any futurti Glovernor would have the p~ower' at 0nc I wep on the more r'eo't of some uin derling to remove all the county at fidumciary ollicet's chosenl by thle pIOo - ple and repIlaeo thl il with his ap r pointees, chosen, permihaps, t~O aid hli1 - in oinO)~ g and liunderin1g. ile urIget the convemntion to reomember' that il -was creating danger' or' safeguards foi the future, malikin~g an instrumonieit tc .. endure for' years, duinig all kinids o o changes and conitinigencies, un~do] .which manLiy kinds of m1en1 would ho01 ,. the counties always investigatedl thl ~. conducnlt of the count iolliees11) thlorouiI h a ly and dleliberIately and1( could bi (I trulstedI tom detect atndt repor(1t w ront e dloing and( to) proseenlte it to puish~ e Under01 the section propoe~dI'4 in th< .- minority r~epor0t thle sheinI ol Sum llter a goodl andl faithful lli', wvouild hav< s beon subIject to infstanit su51ispnonl no -long ago foi' an entirely innioct)nlt errio 0 In cr'editling himlsel f w ithi fees on1 eer a Lain nulla bona tax r'etiii'ns. lII liu p- no doubt there had b)een and( wou1 b41 b e many simnillar instances in theC ex 0 pemiiee oft oflbot' coiuIt1ies and14 olli,', 'r r I'ri. Gr'ay monewed his mlotionl lo t0 s ble the r'epor't, just, as Mr t. ii. il. 'lilI n man rose and signilled his puirpose I ,1 speak. Mi'. Trillmnan looked inm asttni5l .mont at, Mr'. Gray, wvho, hlowevyer, ii y sistedl on his motion to talo. Who o It was urged that this would cut o o debate, he r'eplied that that was Pr' elisely what he wished to do as the co: a, ventlon had heard each side of tih a case strongly presented, and he wante B to save time. In response to appe~a ing looks from Senator Tillman ani too many expostulations, somnic f .which, as was subsequently developoi * wero from gentlemen who were then i; soalves pregnant of orations,- Mr. Ora r at last consented to withdraw his m< . tion and Sonator Tillman proceeded t 3. Speak. II The Senator said it is an instin e with the Anglo-Saxon to be over jen ous of his liberties and of all eneroac 0 ment. But In this special matter i d had had experieneo and at ie expecte n1 never to have any more of the sam , kind ho could, perhaps, bo given cred for disinterestedness. The genth o man fromn Sumter had dwelt wit d fooling and eloquonce upon the it d justice that might bo done by the ey 't eeutivo should it wish to tyranniz :t ovel the pvople. He had spoke s especiailly of sherills, but Other oflicer e had charge of money- -Clerks, treat r urer's, masters, judges of probat o When 1he was Governor ia report cam a to him thatt aI clerk of court, Wito wi e convicted last week on i side issu lI because he could not be Convict-d O 'S the Salim main issuc wiS ill defailt 1- e fouI:d the Governor had no powe y ill tile CIaso ald Col d 1d1 )otintog ti J protect, the I)eo)I fronI i Col lirluli i'oh. I ber-y. ie had called tile attention o * tile General Assembly to tbe inck o power in the Governor to protect eve, e liduciary tllsts from piinder. Nvet t when he knew a imian was stealing h L'. had no powcr to prevent or eheck him s Tie Governor's pour% was not unl li i teId. i1e was', ruquired by tit e terms of the con-tittition to 1-ake cart that tile law., are executed i n Ilercy If he violated his trus and i wa-s tyrami S cal, oppressive (r corlruipt, hie was Subl - j(,ct to inpeachmilent or would certainly I tink under the imii' ignation of the peo s ple at the next election. lie regardeld 3 the section proposed by the 1ininorit S rOport ats proper and salutory. Ili - trusted the convention would not )c frightened by thbe shadow of ia possibl 3 tyranny into requiring future Gover I' no's to aWait the slOW )rOCeSSCS of tht( courts. All knew how hard it wah ti I secure Convictions in tli:te canes, how% easy it was even for mlen whose e'imet L wcre matt-I o Of comm1111on0 nltoriety to , secure continuantces and delays whiil t - all the time cl'ietining in ollice an. plundering tile puolic. Some of thesi a men would actualily take part in thi d rawing of the jiries before wh iel ) they were to be tried. Inl SUCh1 c.se: 1 convictions were actually imnpossible - Tle power to deal witi eil)ezzler. and defaulters should be in tile had; of soime one person who should he heh S responsiblc for the faithful perform aieo of li. trust, and Who was butte f able, who wais in bettLr position thai I tile Goverlnor' 1-lected by and repre 3 senting tile whole people, responlsibl a to theimi and expected to care for thei interests. Mr. Tillman concluded b I syinig he had two amendments whic d lhe prIDopoSed to otfer at the propei' tiMl d and which he thought would ii lprov Stile minority report. Mr. George .lohnstone, who was fi t down inl the centre atisle, pot the 110 aild Imade a very Stong and egetic and at times im paSsioned and eloquen speech. It was, lie said, the duty of tih coiveltio I L dete'rmin if tbO ext utivo may become Lyranical, but t f provide that lie shiall not be t.yrannli t cal. The Czar of HItasia does not us the power tyraniically, but in tha rt'eat em1pire there ik litther politica t 1101' personal liberty hecause the for and laws of the government, make ty ranny possiole. The queistion befor the convention was of Le deepest, ti Most supreme imilpar'tiln1e. It wa whether tiis Statoe is to be governi by the exelutive or by the law, and it tilat question lay all tile essentia difflerence there is between iL republi enn gover'nm nt and iL despotism. I was for the Convention to decide lri and now whether tlhis Stato is to bi ruled by th people or by the ollicials - whether it would make the executiv( by law supreei andl aboe'C both thl legislative and1( judicial poes I f till Gover'nor' wa to hav(e thlis pIIoer o) I uspenion~l overi the coun lty ollicers, whby not give h1imn the same power oIvel atll olliciatls high and1( low'Y That wouhl 111 seetion IL shOr1in mighit r'efuse to ex functions oIf hiis (ollice, andh tlheeb w ithlill h1is baliiwick, and for' conduct0 so mionstir os ther'e wouh Ih e no pun1 ish men1)t :)1but let hima be, hocwever' inno-1 eently, but, tenl mlinlues beinid in ae 0(ou1nting for $I5 (If public funids andl he couldi be sulspendedll w ithou t a mfomfenit Iwainh 1g. I I the ju1stice~ of thlis pinoi ple0 of Sununary111 su spensi on by the cx eeutivye waos alldmit tedl ill 0ne istlianec it tmulst be tendedtC~ to all. Whlat was the Governor' lIIe wa me n.rely thet ch ief executive serlvantt of the p)eople In the St~ate aS the shiff I is thei I chi ef excentivo ser'vanlt ini time l'ounty,1 lHothl wor'4 elected by the people. I Neitiher' shoul1 d be liabe! to temnoval fr'om ollit'e, 11let.-s atftei conlv ictionl o) crime11, excet b!'1Ly the aictioni (If tile p1co Ml in. Tillman1 :I " Th is 'c plort gi ves thie Governor' pIIoer onl y to suspend on . a prIimal focio e of0 guilt.'" I i' .10ohnstonel : ' A print m facit I casot Ilo tile. satisfaction (If aL judticiail ollIcer ' NI). Tol tihe sattisfaction 01 'tihe Gover'nor'. I will goi to an~y ex tentl 4( withi you~ LI) pr'ovidle sulspension, i' remova! (Ir punishmen0.)t af(Ltr ju I John1!)stone sa1id( it, w'ould~ be aS proper1t~ to inc1lu de tihe State treasu rer' in thec 3 list (If Olll's sublject, to suspension. Senator' T1ilhnan :' "i am willing te ti inc1ude the State tr'easurier'." SNi r. .Joh nstoni :' "1Then ex tend it LI all the State (11liciaLIs, andl in tile namt1) .(If lib~er'ty Loll mle whoil) is L) su~sp~emI thc Governor on aL81 mhoing ori su~spicion I1 mal feasane !"' NIri. I h:usdalo obljetedtl~ str'ongly and1 I es~poeiailly to the mannLorl (of obtiingiO r inlforminationi Of suppol~lsed mal]feasanet - or de'faleation1 by3 publ11ic o hlcials likel4 I to he developed under01 ti ~5section. NI Ni. I 'arrott)L, of I )ar'Iligton, saidl tit - l~tderi'l gov(erm'iienlt (' climed and1 Oxeir povei4's. The1 re was' no( tal k oIf tyriamnn3 II or danger~t from thaiL tlmong thioe whJil - seemed11,1 toI ile s1 seniItiv on 0 thes ('0subl 1- jts. I ilithad noticCed that tholse whII nI wer al' 1wayts r'eady to jumilp Onl tim< If Stat' of Sout lh Carol Ina w'er'e the fit's tI to'ini!' :,ml subml~it bejfore the pIowel ' (If the l'nioted States. All these Stati 0 ollicil reei3ived4 thir conUnl iissilon (d from tile CexI'luti ve power and shouh i- be subject to it. Some (If thleml wor< d not eleetedl by, till people)1, buit w'er6 ap >f pointed 1and the(y wereO as gtood as an; I, olected. ft hadl hIappened, and wouil i- happen again, that the honest yo y manry Wert) deceived, anud had plut I - o119co men who bletrayed thmeim' trusts - g *o Itid the'e should be power to cheek the wrong doing of tiese men as :oon as it t was d iscovered or there was good rea 1- soil to so.pect it. - r. ilaynlsworthi said at the proper e tilie he ii.tenled to submit ai amend d ment, wh icl he would read as part of c his remarks, as follows: it And inl caSe of hiIs bei!g held by the committiig ollicer to answer the h charge before a court iutiorized to I- try the same, the Governor may, upon thie recoCirnineidationm of the judge of , the circuit wihere the ollicer resides, 1i suspend such Olicer ponlding a judicial 1 in vestigation, and appoint som suita - ble person to performn the duties of suc h, ollice r dilurinrg suchi judicial in e Vestigation. and in case of convict ion s such i appointment lsall continue for Li Le unexpired term." I ,r. I aynsworth did not atgreel en .ri rely witi the fears expressed by Iis f1i rids of lii siu Of power by any ex ceutiyive. bult he thought this amend- 1 rrm'iit would remove the dangers of : f wlich thbey were so much in dread. f Senator Tilliman saidl he saw me rit in I I tihat amendiment. Ali he wanted wa:, i I that somebody should hiLave the power to suspend an uni faithful ollicial and 1 Ii is frati<:ulent operations. lie oh- i - jected, hiowever, to having the uspeln. : iSiolm recommended by a judge, wlo I imigh t possibly hatve to try the case. v It toe judge wits fit to recoimted. 'Lbe v suspension, why wasn't thre Gomernor c lit t~o lffeet it of h)is own mlotionl. ThIIis v Wias not a potty Or, Peirsonlal inatter. l It was one involving tihe riglit and in- I terests of thu people.IV N r. 1). S. Il Ilnderson asked Senator1 Tilmarn to submit his proposed anmenid munts. They were read as follows : Anivid by adding at the end All papers in the Case upon wIiich action was bha:-d shall be sent rimume I diate'ly to tLihe solicitor of the cireuit, who shall at the next turim of court for , said cvoutilt prosecute tae otffnder. Anmd in'rting on line S, aftir fund,' the, words, or ' money 'held in trust.' " Senator Til iman said the last amend 3 ment was necessary because judges of I probate and muasters often had in their i hands privato funds---the little ails, sometimes, of widows and oriphans. U lnless You aro so biatsed by partisan rancor tiat you Cann se nothing but i opportiuities for pol itical Id van - tages, le said passionately, " I do not r seC how YOU can object to tie section I with these atIendl meits." - Mr. J1ohnstone rose and began to say that he, too, saw merit inl the amend rI ent oIfCrCLI by NIr'. Iaynswortih, y when he was called to order by Nit-. h 13urn on the ground that ie had already c spoken on this subject. c Mr. W. 13. Wilson said the proposed amendment provided that men should r be punihlied in advanec of trial and with out being infor-ned- of the accusation against them or being confronted w it.Li it the witnesses. e Senator Tillman said that was strain ing tile Dill of rights pirett tine. o Mir. Wilson said thero could be no worse pulnlisltment to a sel f-respecting e rman than the 01)11. pu bIlic d isgraee of t being removed from his olli and hield I under a preuimption of guilt and de I barred from his eIoh uinen ts an(d duties for weeks or months, pending in vesti gation. The n man appointed in the place of a suspended ollicel and iost nearly interested in sectu-inrg Ihiis con I viction wolId be put inl posi Lion to Imariufactour-e evidence against him by I having access to his books and paper Mr. IPrince, of Anderson, said as far. is that, went sispenrsion by tie grand jury or a judge, wich o hie understood Mir. Wilson to favor, would be as Imiucl pulnishiient, and disgrace in advance of trial as suspension by the Governor. Mi. Jiohnostone said lie, for one, would be glad to agree to give -the grand j ury powter to suspiend oicials. NIr. Siheppard suggested an arienrd mernt, pirov id ed that oflicials he0 sus penided by the Governor on rccorinimen dat ion oif the gr-and jury. To thiis timoe the piresidlent had bel thbat the minioritLy repoLrt, coild n(rot, be . arnierded until a ter it. had becn adopt. ed, but Mir. Sheppard ar'gued Li bat ias the rep~or't was riot offereod as ai subhsti - tir te for a mrajori ty repIortL, buit. wias simply, 'an add i tiornal section pnroipos' dl, ILt, was capiable of armndmernt,. Thie chair eiccrr'ed in rihiis view, arid I r. Jlohnrstoune immriediately submni tted thre followinig amendmrernt LioN Ar. I laynms worthm's armenidmerit, "\ Whernever a hrill of indi2ictmre nt by ai grarnd jiiry shall hav ie been fiomn I againrit any~ couniity oiieicr errtrusted ithL tihe care and1( diisbuiirsemiient, of public liunrds, chrmginrg hi m w i th the embeLzzljerment of sid fund~s or approi'i in'iaition oif themi to pr'i vate use, tire Gjovernror riay suspend the sa id olltii'(r and( shal1 app~oiint, w'nne suritabl e pe son to p~erformr the durties of sireh of liee.'" Mir. IIlaynrswortLh claimred thrat, his amierndlmen tthre'4w sir licient safeguards rroundr( the power of surspenusion, ait argued thiat, thre grarid juirry b, not ali wvays in session andl that mnischi eft mighit, be done by a corruirpt (mlic ial in itnterring time. Ni r. J1ohn rstone sid thifre nce ti bCiCCe tweeni his amndrinimerit andil tire orgi nal4. mmroposi tion of the rmi nor ity r'eport1: wias the (hrff1erenee between tire A rmrri-t can and the conitlrnntal systemis oif g ov urnmienit. NIr. I 'airrtt took another tourn at thre pmotlice compjarison, arid inrjectoed somre rmo saircasmr inrito the dliscunssion.rr lie said1 genitiemren oin tire otibrr side' w ho wer-e so fearfiil oif fumtumre t3 r'annryi r'ermindeod imi of MIr'. Ta'ilbei.rt's story of the old( wonman whio nearlhy ,rie'd brersel f to dleatil nat the edge of ia prece- I 'ipi)ce thrinkinrg (if the child she rmighrti hiave had wiieb mrighrt have gonie that wvay and fallen over. Mir'. WV. I). l'vansi~ also made a siomre iwhat humo~r-ous speech , introduicinrg a himrself as a phlin farmier fr'esh fr'omr I the pieopie, wvher'eat threre was laugh - I Ltr. the contended that the mkiority1 renior't only piropoisedi togive tire Gover nior piowern t~i pirop)er'ly investi gate re - piiorted eases of mnal feasancee and~ diefat cation. >I M r. Joh rnstonie's amrendmrren.t wmas then putL arid lost. I inr. Gage, iwhio is a ver'y uinobt'rusivye iimembe'r. had tire ki'y toi tire whiole s proiblerm andl olfered thre following I sirbsti turto foir tire ririity's seeton \- "Vhenever it shall be br iught to y tire notice of the Gavernor' that any El county (ollicer' or any othe r ohliaer whio has thre curstody of publie or trusnt funds a is prIoiMbby guilty of embezziomornt or ,. the appor'ration of unlihC 0or trnt. funds to privato use, theni Lt0 (;ovc nor. shLl direct tho immediate pro: eution of such ollicer by the prop, ollicer of the ci reit i il wh ich hle resid an1(d lipon true bill oeing found , Governor shll I suspelnd such ollicer til aIppoint one in his stead until he shi IIIVe be21n IIcqitted by a ver'diet the jury." As soon ats this wats retdi headis nol Jed All over tle hall I and there w itgenteral expressioni of colcilrreNe Tho sub.stituite wa-,s put to thle hkout .11n(Id adopted like at iiLsi tifter iavir been reaid I lIf a1 dozelL tiles for 1 mnlightenlment of mibers Nt' who wel Ilatlotive or who were prevented h Ae pre1i vILvlnt coInfis ion frotm h1eart It,. It being Lthe three 'cleek , naIti rilmn, who had ex pressed his sati actioni with the :-IILitIte, ioved tilt ,e section he pasised overt itil it ou prinlt Ld. MV*. Tai.rtIL'I tutoved to lity this on til able, complatining of waste oft tile itt low progrests IInd Sottir 'TI'illt i vithdirew his motion. reairU kinhg tit )e didn't. wait to lavii a.Ny row ithol t. .r. i-A1-d reneowed the motin to pi he seetion over when it cohitt be See 11 print and mem11bers; could un1de, Wand it better timn they could 1 tetring it reatd. lie wartn'ed tlw- tm ention thait tAhe section it wa pas-i vould htve to tidtertgo tile test, of toi 07.1rt..S and that tI' rt wenthill he. founl ookI atfterI rock!1 ill thie way of t-. er l orcement of the Iaws inless teptto. Milns were taken. Thle conlventitil 1oled to( cont-iinuel tilh, set-tionl. Th'le lighltet0 ~xecuttive section o he constittilonli ats again taiketn up o lie suspension 1 ht1iie. I. T1lbIrL, of 'd-gelield, to0ok II Ie mittter' ItIld ag1uIdl taLt there wat 00 muCII iegislttion ltt'lmlptled . Tit ie: legates were here to declaUre printe >les, , jd be saw no ushe tU)i~ ithber maijority Or mlinority* reports 11 0 the removal iof olicer-. \ll th; mlgilt to ie don1e wats to let te laegi a1ture tttoid to this mltatter. 11 vanted ill extratneous mttte!r throw Iit, and bie Imloved to i ndCfin iteLly pttS 1one tile entire itter. AIr. Sheppaird, of I-:,geield, si ha1t, af toI rre llee tin g on tihe matt,teat [igit he w'attted to ltrge tilat te se ion should not he a(ldopted. It w poposed to legislate tgai nstlotne class trustees. 'Pho.e who had funds itn tru autlutImbCred by I hundred-fol thl aiilied ti inl this teetion. Tihere priinciple tlit is dealr to tile healrt. uVery citizen antid that, slould stand long as justice holds tile scales evei and that principle is that iillety-ni guilty Iienl should oitpe rather Iit thLIt One inloCCIlt man11,1 should be C( vieted. Yet tie 1momnC1t the iGOerUt issues tile proclainutiO (if suspens he puts on tbat, tmian the bllnd of gui The proelamalitlon wouild, he Ilrg tend to operate igaiInst the a4els Ilarty. Yout will I) this be estahlib ing i ruIle of evidence thatt, will do trood. E'very nainl,whteie cititled to the presimpLtioll Of in Lenee. Yout will estitflisi a IlIc I iedO-hohh-r', fromt whie murder tind felons will le e tIpt. The Leg latre may adopt at unti form hw. Dr. Tiinwimerf, of Cai-elild, si hatt thera woalys aStl e lawZ retuil'i Iali returns to be Inasde of ibL loldingi trustn. Anh man3, Il 4 who son1duct'ing his ollico honestly will ttn nind inv, e s,iga Itio ji. ir. Kirgh, of Abbeville, who is nbri of tie coiuittee, said that I irst the mninority report impressoj tim faotaubly, t hto Wts Statisi halt the whol cas was Covered i t njis.ltve reporlIti,. Ihk mt...*att pr tiytelg i niC1111ti %51ii theGnera Itat,uii l nd notL Iin the consitt on. The11 C 1II laie re. pottpro tIdeslLLC tiLt thuG ove forcatiad he1 ittle( SIo wated tIol giv ihe right of( suseio in addtit Linti hey righ it f remoa Litfil(Ile. lieible'manneri satht, e idi mi uteral to em' ithe Lcon;'vntion an itottCLd I hav had t it.'tegt aut I.ttllsf ittIeard thaVt' eetai msembersi hat lep1itO ive tit attert andii Icom fta io w ideash In e wishtied111 onll Il(e saidll [bt, no maletter what mgighli le tsaidL abou te dires cof C titl hepoph hertie wastt (If uestion abtit LLLIlotin bL id not ytwatr a(ihief in lClice. Wi alidtl o that itcul e was reowh .utW ( Ifscil shoteuhitliI not b(. li sai huCV tvruie ~~ii te (Ifoitio ltiI h'le cnIIIt i ltt, wieb hil e ',be 1glu i: atCe t Lbe r iht to pas., rela~ tionst tI umton isflett tateI g it, il let a 1ow is. t itt (Vt' the k gilatr (If t noi o so. lie i that theui protetio (IV Lihe wiowsl~l andItgt Lrpan deiande~ t i btt LsuCh segution. Iliet~rben welN or age sytio bonds ]ljeih, 'Jill ofta Irvails ion te rSttte nd4 ha gth; hun t'Y exUIisht thatt w it wais discover hat sectiondwis wLre made5 it wustras Ls that btht bnsmen had:.(ioslt in o vayt's ticnwfered LhiI proper'.y. Il tolieveO the igtsur of the mandtte he c)onvention, he sai, ilL tot sul Lietsl t nye they nfune tthat ieq L>)ften1 alfiy~e the~f IlI))gislat~re by aidvharnorynekwofhei Md. heathort itlougt tha wtheu d r- vOntion had no right to considor this - Uattor. lie wantod to see all matters r discussed on their merits and regard es less of factions. lie wanted ia puro, )o plain i and simple. coumon-senso con id st itution anild no legislation. -11 Mr. It'wers resumo his argument of and said that thoro was law, and law 81u llieient to protect trust funds. Ho I- IisisteAd that thle proposed section ts would worki i hardship oil the bonds 0. men of tle suispendod oflicial. lie said ; that he wold be un11worthy of his poo g plo if he did not represent all his con- i W stitueIn1cy, regadrd less of all fUCtions. V He wais at follower of no faction and y wouild (d hIis full duty regardless of factions. )' MI r. Wilson and ta great many othorS I s- had had an aibundance of talking and I Lt when IMr. Wilson called for the pro d |Vi11u 11esttin oVr'n 0110 WaIs (u ito I w i I I ing to accept tho suggestion. e NI r. 1 lel I liger cal led for the ayo and H d i nay vote oil the inotion to indefinitoly I 11 postpone tle wholo matter. The con- b vention, bY a vote of 8:1 to 57, rofused I t to indef-initely postpone, andi aftor Mr. 11lowell had an amendment making an E Sallavii. retinisite before aCtion was I n takeln tllt soct.iol was agreed upon. - it was adopted in the following shape : I Y '' Whenever. it shaill be brought to I I the notice of the G;ovornor by aflidavit I L tIa, an y county oticer or1 any other ' wilt)a who has the custody of public I or Irust, funds is probably guilty of Gilm hY.dement 1or the appropriatiton of t t, li i - r trust funds to privatv use, 8 a ten t.he (overnot* shall direct, the in- c lediate pwobecltion of such oicor t by tihe proper ollicor of the circuit s in whiall he resides, and upod true hill found the (Governaaor shall sipe~ind such oulicer and appoint one [ i his stead until he shall have boon s Idquitted by the Verdict of a jury: and c if hef it shalla he convicted the ollice shal i a he deelired vacant and sall be tilled 'I as inaty tie provided by law."( This seemed to be satisfactory to all. t T n ca1i miscehlaneolus aminidments a fte' the two days' light on the re It uoral clause. Mr. Dorhama, of llorry, wanted to e I can're tle word " shall " to " may," its to 'eferring lpetitions for pardons and comamutations to the board of lr. ikrhain urged that, as final ac tioln res tedl on tle Governor, lie miy not wan t ) refer petitions to the hoau-d. Nr. I ii-d an'l MIr. Aldrich saw no oc casion for the change, as the right to 't reprieves Wits already 1)prissi a ble witholit, reference of potitionls to the tboard. s Tle proposed amenidinnt wits 'aopted, and the board of pardons will ne he still further weakened. )I. M U NICI t ClI0AR1TE01S. or Th'lel( proposed section on municipal on coIrpoatiolnS and police regulations \t. was tion taken up. Tihe committee, , througi Chairman l[ondorson. had d Ilatde at illiiflous report. Whlen the h-i rst so ,ctiol oalin 1 up, which provided no for the cln:,siication of municipal be charters, Major Barkor' called atton is ion to the fact that the provision wits ,o- a little complicated and moved to )r, amillend the end of thle section so as to eC read, " ties and tow n 1fow ,Ox isti ng - uaader secial charters mav Ieorganizo under the general laws of the State, id an(d when so reorganized their special ig charters shall cease and determine." ie Therle was n) objection to this is amendient andt(] the- section had been )t practical!y agreod upon when Senator Tilman said that so fart as he could a see SeCtionls I and 2 made no provision .t for tie iICorpI)oratiol of factol'y villages (d ilchi as l'iodlont, l'acolet, Granito (d ville and others, and he urged that e S011e such IrOViSiOn mliay be incor -parated, as lie dlid not warnt these stownV s dlolnied the r'ighlt of sol f-goy. - ernmulent or have to) submIt to thae nod 1- and11 heck of a( 8luperinltendent. Mr. I Ienderson thought that, the e Legislature coulid, under the sections, 0 prov iide for such corpo~rations, but theo i committee wor' subject to the in y strucetions of theo.coniventioni. it Senator Tillman111 thought, It wouldi i di lprob~ably be host to reiommi~~it the t Sseetiions to the commi11ttee so as to In- t d | corlporato pro(v isions for the factory ni |i vlhages, and1( as thero was nmo objetion 0 0on the~ part (If the conventlon thact L attioni was tauken. t, I )elegate .\liller said as8 the~ (que- t Stiton of sullragte camo u in t11Lhis reporIt ( t he Liihoug t, it best to hold the entire t article dunt ii after the comminittee on I y sal Ifrage had mlade its rep~ort.t NIM r. HIencderson ox plained thiat it wias y~t t intention of the coammittoo to move I the plosthtn oent of those sections i n that related to sullfrage in any Way< a- uintii after the suilfrage commafitteo hiad 1 r mnadeo its rdeor. Thliis was satisfactory 1, to every onelf. Section 3, which re1lted0 to the coni t traction (of debt in1 1))prsuanc to law, wats passed0 w ithouit troubl~e, bult thle e convention fountd a stumln ag block In a d Section -I as reported, whiiich orig inal ly If retad :"No) law shiall ble passed0 by3 thel( c GenieraI Assemllbly gratntinzg the night p tto construct and oporaito a street or t n(othler rail way, Leegrap~h, tolophone or I electric planlt or! to ertact water or! gas I workts for pulbtli us, orI to hly mains11 e d -fo'- 11ny3 purpII~'o, wi tibout firist ot~lainl-v , ing the consentL of thle local authori- e et tis 5in cointrot of th~e streets or pubilic y e lae propiosedl to lie occupied for any v e- such~l or like purposes."' dl :a Ai. 11lenderson (expllalnedi the pur-l' ..pose (If theI ()11 cmi ttee. NI re. Wilson wat. ted the law to stand o 1as at, presentf. TJhe secttionl would give c de tile town and ci1( eties adll the plrotection r Nlr. I 'atterson wan ted the matter left I et to tile Geneald, Assembly. o NI i. I 'attton, oif lI .chlandit, thought I y .thber'o imlight b)e thet dager' oA large t orpoirationas intluenfci ng tihe Ltgisa- I Sturt. ile knew that atpplications for 1 . chairtern.- were rushed thr'ouagh thac Leg d ilattllre and( often cities know nothing .of charters that wore aushied through. I dlie urged for concurrent action be it tLveein tbO Legislatur'e and city counm d cilis. a- .\r. Wilson said that it wtould be too great a burden to requliro railr'oads to if get, permissiona from a numbier of towns in to get their consent In adtvanie. Hit is c tould not uanderstand wily there should he be any change from the present laws. a' ie dlitd not think any local objections e-shoulod pre'tvent the granting of a char n. ter. etMr. I 'atton ur'ged that the Legila dturo shtold grant no0 charter unless aeo tile 111n0 was indicated. There Is an existing statute on this line. The ap -~A ?.d"A LA%* designate the towns through which it would run. The very necessity for protection demands the passage of the section as it was reported. Mr. Barkor, of Charleston, had an amendment which he thought would straighton out the matter. Ile wanted the provision requiring "first obtain ing conseat of the local authorities" -hanged so as to read, "requiring the 3rantee of such right to obtain the con iont of the local authorities," etc. Major Barker again settled a trouble tomo quostion and the section was, af ,or little further debate, adopted to 3ho satisfaction of all in the following hapo: "No law shall be passed by the zeneral Assembly granting the right, o conduct and operate a street railway, elegraph, telephone or electric plant, ir to erect water or gas works for pub ic uses, and to lay mains for any pur tose without requiring the grantee of uch right to obtain the consont of the aeal authorities in control of the trocts or public places to be occupied or any such or like purpotsc." Mr. Sloan, of ltichla-d, moved to trike out the whole of Section 5, which cad as follows: Section 5. The (neral Assembly nay invest the authorities of cities and owns with power to mako local im iwoveients by special assessmont or by pecial taxation ef pronerty benefited. Col. Sloan argued that this sOction 'as unjust because it allowed the au horities of towns and cities to levy pecial taxes for the improvement of ertain parts of the municipality, when he residents of thatsoction did not do ire the improvements. ,Mr. lenderson, of Aiken, for the otmmitteo, said that the committee ad framed the section because it do irdc( to give the local authorities pow r to make Improvomnets and to levy Special assessment for the purposo. .his power did not now exis t in the .onstitution, as had been decided in he case of M auldin vs Greenvillo. Mr. Bluist, of Greenville, offered an Lmcndiimnt to strike out the words 'S1ecial assessment or by special." lhe amendment was laid on the table. Mr. lIagstdlu, of Lairiiold, said that ,he whole spirit of the section was vtong and that it should ho left to the property owners interested to ask for Lhe 6pecial levy with which to make Li improvements, and the authorities of the municipalities should not have Lh0 power to levy the special assess ment without consulting the property owners. le moved to strike out the, section and the motion was carried by a vote of I to 46. Mr. llaynsworth, of Greenville, thouirht that the powers conferred in Section (i were vicious and moved to strike out the section. The section reads : "Cities and towns may acquiro by construction or purchase and may opelIrate water-works systems an'd phants for furnishing lights, and may furnish water and lights to individuals, firims and private corporations for reasonablu coin lsation." Mr. Henderson. of Ai ken, thought that the nlIliCip)alitieS should be allowed to exercise the powers con forred in order to protect thomselves from outrageous charges by private corporations. Mr. Wells, of Greenville, offered an amendment, which read : " 'rovided. that no such construction or purchase shall lbe made except upon the vote of the majority of the qualified electors of said town or city." Mr. Wells argued that the section contained a dangerous pirincil)i and that the powers conferred should be limited and carefully guarded. The amendment was adopted. Fifteenth Day. Th'le convention was obsorbed in the sonsidleration of mutnicip~al dlebts and Saxation, andl the exemtiton of manu ractur-ing interests for live years. The ietion causing the greatest dlebate 18 is follows :" That cities and towns nay exeomp1t from taxationi, excep)t for chtool puirp~oses, for fine successive ears, manu factories estabilished with n their limits, after the adoption of his constitution, whose paid up capi ali Is not less than $l0,(000." Stanyarne Wilson said there was no u li c necessity or justice in the see ion. It makes a privilegedl class, and rhy should any such exepltion bie made for capital I There is no prin ipile of right andl justice whereby hose who are able to pay taxes are to '0 exempt, while many a poor' man has o starve himself almost to pay the >oll tax. I t cannot b)0 sustained on any wrincile of right. 'lThe only virtue in axation is the necessity of it. IfI you ~xemplt mnanuifactortes ont the ground ,at they ar~e publhIic i mprovemeonts, vhy not oxem pt till others ? IITho far nor who builds a granary or a mill vould be as much entitled to an ox mirptioni. 1 f California, Colorada, Vir ~inia, Alabama can Induce mianufacto iOS to colmo Into1 their biorders with 'ut this exemnptioni, why cannot South 'arolina dlo the same, she being the reatest cotton manuiifactuin g State in he South ? Capitalists do not invest n any ptlaco on account oft special priv legos, but on account of a stable and qual syston,. oif taxation. They don't tant such protective logislationi. We ondomtn thu United States tariff law, ot by this we propose toi do exactly rhat we condoemn in~ it. It is nothing mnt protection. There was no pirinc i Ice of right In it in any particular. M'lr. Hlendersonz said ?he principle pon which the section was based is ormnoin sense, public spim it and con my. 'lThe exemption for five years >rings In fastorics, which afterwards ncr'eases the taxable pr'operty of the owns andl cit.es and ultimately reduces he taxation by Increasing the taxable alue of p).op'3rty. M ills are moving o the South ".nd let us encourage them y a piolicy that will bring capital here Lmd not run it away. In answer to Mr. W. D). Evans he aid the mills wer'e coming South in >rdor to get nearer cotton fields, and >thor States ar'e r'eceiving them with >pon arms and let not South Carolina ao laggard in the race. Mr. Patton said that the section pro posed to do exactly what some cities in ihe State are already doing. Columbia has acted on that principle and as the result shows she is one of the chief cot ton manufacturing cities in the State. If Columbia wants .to exempt these f actories",from taxation what dl flierence does it make to other people? Mr. Haynsworth said that in Green ville they have an ordinanceoexempting IOONTINUEcD ON FOUWPH PAAOLI