The people's journal. (Pickens, S.C.) 1891-1903, December 19, 1895, Image 1
.HE PEO J O4
VOL 5.---NO. 49. PICKENS, S. C., THURSDAY, DECEMBER 9, 5.
THE NEW STATE OONSTITUT]
A SUMMARY OF ITS PROVISI(
Some of the More important Chai
as Compared With the Old 4
stitution.
The now constitution of South C
lina, as adopted by th6 recent con
tion Is quite a lengthy document,
woul' occupy too much space in
columns, so that a brief synopsis '
the more important changes will pi
just as acceptable to a majority of
readers, who would scarcely underi
to reatytho entire constitution. l
synopsis has been carefully prep
by the Yor v ille Enquirer, and g
all the cha ges and modification
our organic law :
Article I is devoted to a declara
of rights. The provisions of this a
cle are about, the same as in the
constitution. Among other thing
guarantees equaility before the
uniformity < I taxation, the rigL
trial by jury, liherty of the press,
and open elections, the privilege
the writ of habeas co.rpus, and the
hibition of corporal puniilisment
Imprisonment for debt xecept in e
of fraud.
Article 2 relates to tho right of
frage. Nobody is to be allowet
vote except. male citizens of the St
and United States who are 21 year
ago and over. They must have re
ed in the State two years, in the c
ty one year, and in the polling preci
four months. They must also h;
paid, six months before an electi
any poll tax that may havo been i
and payable. Ministers and teach
in active service are entitled to %
after six month's residence. w
otherwise qualified. All voters n:
be registered, and the principal ot
requirements for the securing o
registration certificate is ability
read the constitution of the State
understand it when it is read. T
continues of force until January
1898. After that time those who
not otherwise disqalalified will be
quired to be able to read and write
they must pay taxes on property to
amount of $300. All persons convic
of any of the following crimes
disqualified from being registered
voting : Burglary, arson, obtain
goods or money under false preten
perjury, forgery, robbery, bribc
adultery, bigamy, wifebeating, hot
breaking, receivitig stolen go(
breach of tru4t with fraudulent int
fornication, sodomy, incest, assa
with intent to ravish, nliseegonat
larceny or crimes against the electi
Article 3 relates to the legislat
department. This is to consist,
bretofore, of house and senate. "
members of the house a're to bo elce
every second year and the memil
of Senate every fourth year. r
house is to consist .of 124 memb<
divided among the counties in prol
tion to population, and the Senate u
consist of one member from each cc
ty. The time of holding tho sessi
of the General Assembly is fixed
begin on the second Tuesday in Janu
of each year. For the first i
sessions, there is no limit as to
sittings. After that time the m
bers will not be entitled to compor
tion for more than. 40 (lays.
General Assembly is required to on
a homestead law that will secure
heads of families exemption i
attachment, levy and sale, real
perty to the value of $1,000, and 1
sonal property to the amount of $i
In addition to this, those who are
heads of families are to be entitle<
exemptions to the amount of $300
necessary wearing apparel and tool
trade, etc. The marriage of a wl
person to a person having more t
one-ceighth Negro blood is null ,
void, and no unmarried female
has not attained the age of 14 yet
shall legally assent to sexual in1
course. The General Assembly Is
allowed to enact local or special l1
In any case where a general law
be made app~licable. The Gen<
Assembly is required to imit
number of acres of land that may
owned by an alien, or corporationsc
trebled by aliens.
Article 4 relates to the exocut
It does not show any import
changes from the old article on
subject. The governor's term of of
Is to be two years, and he is to be
gible to re-election. No person, h
ever, is eligible to the ollice of go'
nor who dlenies the existence
Supreme Bei ng. 'rhe governor
the right to grant reprieves, pard
and commutations, andl when he al
dfeem it desirablo, call extra sessi
of the legislaturoe. There is no chat
In the names or duties of the vari
heads of departments p~rovidecd fo
the old constitution.
Article 5 i-elates to the judicial
partment. The judicial powVer of
State Is to be vested in a Supri
Court, Circuit Courts of general
sions and common plons1, anid s
county, municIpal and other court
the Legislature may deem it desir:
to establish. No county court car
established except on the conseni
'a majority of the qualified voters
county ; and no court inferior to
of the general sessions shall ever
vested with jurisdiction to try case
murder, mansl augh1tor, i-ape, ari
burglary, bribery, or perjury.
The Supreme Cour-t shall consis
a chief jtustico and threo associate
tices, all of whom shall serve for tc
of eIght years. The concur-rene
three justices shall be requir-ed to
verse the judgment of a cour-t bel
Where the justices are equ
divided, the opinion of the court be
must stand. In special cases, all
circuit judges may be called In tc
as associate justices. An excep
must be made In the ease of the ju
who originally tried the case ur
consideration. If the full court
made up of an even number, one of
circuit judges, to be oh ' en by
must retire.
The Circut Court syt rem
unchanged. It Is requi that
court of common lelas i
county at least twice ~r.
judges of Circuit Cour-ts l3 e ti
decisIons 'within 60 days I the
lng of the respective co4 and
supreme court justices mfile t)
decisions within 60 days iter hea1
an argument.
The court of probate Is to remal
Dzow established in the county
Charleston. In the other couni
ON. as ohe General Assembly may pro
oribo.
WS. The governor has the right to a
point as many magistrates as may I
doomed necessary. Each magistra
is to serve two years, if not remove
"o"~ for cause, and is to receive a stipulate
salary in lieu of all fees. Eaeh or
aro- will have the right to appoint a cot
ven- stable to servo his writs and procOssea
and and will have jurisdiction in civil cast
our where the amount in litigation dot
vita not exceed $100, and in criminal cast
'ove where the punishment is not mor
our than 30 days imprisonmont or $10
lake line. In criminal cases beyond. thei
['his jurisdiction, they shall have the powe
6red to hear testimony and commit fu
ives trial, or release on bond as the fact
in sCm to justify, except in cases in
volving capital punishment, whe
tion they are required to commit for tria
Irti- They shall also have the power t
old bind over to keep the peaco for period
s, it, not longer than 12 months.
4%w, All persons charged with crim
of shall have the right to demand an
fre obtain a trial by jury. In inferic
i of courts, the jury shall consist of no
pro- less than six qualified voters. In th
and Circuit Courts, the jury shall consis
ses of not less than 12 men, all of whon
must agree to a verdict. No crimina
suf- case can be presented to the Circui
I to Court, except on the agreement of 1
ate out of a panel of 18 grand jurora
s of |Judges havo no right to charge jurie
sid- in regard to mattere of fact. The
un- can only declare the law.
not Clerks of the court are to be clocte
Aive as heretofore, and their duties romai
on unchanged. They can, however, b
l removed from ollco in such manner a
rs inay be prescribed by law.
otc Provision is madb for circuit solici
ben tors the same as herotofore. It i
ust provided, however, that in the even
her of the establishment of County Courts
f a there shall be elected a county solici
to tor by the qualified voters of eacl
or county, and these county solicitor
'his shall perform the duties that hav<
1 heretofore been performed by the dis
ar trict solicitors.
le- Sheriffs and coroners are to be elect
or ed for four years each, and are to b(
the disqualiced- for election if it shall ap
ted pear that they, or either of them, ar<
are in default of money collected by virtue:
or of.their respective olices.
iug Article 6 relates to jurisprudence
,08, One of the most important provision
try- relates to a change of venue. The
Ise' State has the same right to move foi
ids, a change of venue as a defendant
nt, There can be no motion-for a chang<
,ult of venue, however, until after ther<
on, has been a true bill by the grand jury
on. and even th.en the change must bc
,ive made to some other county in the samnt
as circuit.
eho The General Assembly is require
ted to provide for a speedy and effectiv
ers codification of the laws.
['he In case a prisoner is lynched whil<
rs, in the custody of any officer, the office
or- is subject to prosecution for misdo
to meanor, and ,tle solicitor shall in
un- stituto proceedings at once. If th<
ons grand jury returns a true bill, th<
tb the officer shall be suspended fron
ary oflice, and if he is convicted, he shal
our over after be ineligible to hold an;
the ollice of trust or profit, unless pardonec
i- by the governor. Not only this, the
isa- legal representative of an individua
he murdered by a mob, shall be entitlec
act to recover the sum of $2,000 in exem
to plary damages from the county it
om which the murder was committed, ani
oro- the county is allowed to recover thi
>cr- money, if it can, from the persons wh<
00. did the murder. Not only this, th(
not murderers are also liable to crimina
I to prosecution and such penalties as ma;
in bo prescribed by law.
B of Article 7 relates to counties an
kite county governments. No old count3
ian shall be reduced to less than 500 squar
nd miles nor less than $2,000,000 taxabhl
vho property. No new county can be
mrs, formed with loss than 400 square mile:
ber- of area, taxable property to tne amoun
not of $1,500,000 andl population equal t<
L~ws 1-124th of the p:>puti'oni of the whol<
can State. Elections on the subject o
wral forming a new county must be calloci
the onl a petition of not loss than one-thir<
be of the qjualitiod electors in the area o
on- the proposed new county. If two
thirds of the voters of each sectioi
ive. voting in the election, vot~e for th
anit formation of the propo-ed new coiunty
the then the new county can be formedo
lice buIt if two-thirds of the voters votint
eli- in aniy of the sections of which th
ow- neOw county is to be complosed fail
mer- vot for the now county, the sectiol
f a filing to give the netessary two
has thirds vote, will not b)e a part of th
ens hpoposed~ new county. It is also prto
mail vidend that in the formation of net
01n$ counties, no old( connity shall be cu
uge within eight miles of its court hous
01us building, nor its population reduce
r~ in below 15,000. Townships are mad
b)odies politic and corporate, and pre
de- vision is made for the organization c
the a system of townshipl governments bi
ime theo legislature.
ses- Article 8 relates to municipal eel
uch p)(rationis. The General Assembly I
s its requircd to pass general laws for thi
Lble organization of mnunici pal corporatiom~
ibe and no town can 1)0 Incorporate<
of except with the consent of a mnajorit
if a of its qultililed voters. The ipower c
hat etties andi towns to levy and collet
bo taxes must b)0 restrictoed by the Geners
s of Assemibly. The Legislature has n
son, power to grant a franchise to a corpc
ration to construct any kind of p~ubli
I of works in a town, without the conson
jus-, of the municipal authorities. Town
rmns shall have the right to own their' ow
3 of water, light and transportation plant
re- etc., b~y purchase or co(ntruction, o
lowV. aL ma~ijority vote of those qualilled t
ally vote on such matters. All municips
lo w taxes and licenses must be just an
the uniform. No city or tbwn is allowed t
act incur a b~ondled indebtedness in excom
tion of 8 por1 cout. of th'o value of its ta>
dge able property,-and'utnder no circu ii
idr stances is it allowed to Incur a bonde
is Indebtedness excepit on the consent<
the a majority of its qualified olectorm
lot, With the consent. of a majority of it
qualified electors.|cities and'towns ma
ins 0xmt mnanu facturing enterprises f0
the poiodof five years from their estal
ach lishmuent. The Legislature is require
The to pass lawa prohibiting prize fig hting
teir Trho right to prohibit the manu factur
ris- and sale of alcoholic liquors in thi
the State, is reserved to the Legislatur<
icir The Legislature also has the power t
'ng give this right to coporations, indivit
uals, counties, towns and cities, or th
n as State. It is provided, however, the
of under no circumstances can liquors b
les. sold in quantities of less than- one ha
ited pint, and in sealed pakae.- h
a- can't be sold between sundown and bl
sunup, and they can't be drunk on the to
p- promises. The Legislature cannot fie
l delegate to any municipal corporation to
o the power to license the sale of alco- an
d holic liquors. wc
d Article 9 relates to corporations other no
o than municipal, roligious, penal, edu- tu
I- cational or charitable. No charter can re
i, be granted except under general laws, tic
s or a two-thirds vote of the Generat As- co
a sembly. No common carrier or con- on
s mon tranemitter shall make any con- go
a tract that shall rolieve it from any A:
) legal liability. All corporations doing tic
r business in this Stato must maintain rej
r an agent hero uVon whom Processes
r way be served. 'T here shall be no di.
s criminations in charges for the samo
service to different parties, except W
a excursion land 'commutation, tickets
are allowed to be sold at, special rates.
u No railroad or express or telegraph 'Fll
, company is allowed to obtain posses
sion or control of another in this State
L by consolidation, lease, purchase or Yet
1 otherwiso. The right to build or oper- "I
, ate a 'railroad, telegraph or express Y1'
t business in this State, shall not be Pl
L granted to any foreign corporation, ha
t unicas such foreign cor)oration first p
'i be incorporated under the general
laws of this State. No corporation thc
I shall Issue stocks or bonds except for thhe
2 labor performed, or money actually s
paid, and no fiutitious values shall be Iar
B created. The General Assembly is re- Th
quired to enact laws to prevent the 00
organization of trusts or corporations.
I AlI employes of corporations are guar- las
I anteed the fullest right to recover
3 damages in case of injuries, and they I
i are not allowed to make any contract b1its
that will exempt the corporations for "I
which they work from rcsponsibility. the
i Stockholders of insolvent corporations Th
6 can only be held liable for unpaid sub- }18
scriptions to the capital stock. Bank lh(
stockholders are liable in double the get
amount of the face value of their stock. the
Article 10 relates to finance and out
taxation. The most important feature Oro
of the article is the fact that no county 1
or township can be authorized to in- usu
crease its bonded indebtedness for any the
purpose, except to pay ordinary county exe
expenses, build public roads and hot)
bridges, and increase educational facil- wit
ities. The State debt cannot bo in- likc
creased except on a vote of the people, tire
Article 11 relates to education. The 1
supervision of the public school system Car
is vested in the State superintendent cro
of education and a board of education frui
composed of the governor and not an
more than seven other pers-ms, to be briI
appointed by him every four years. ma
The Legislature is charged with the cro
duty of making provisions for the elec- .
tion or appointmentl of all other school Hlnt
ollcers. The salaries of all State and ter
I county school oflicers must be provided s
for by the General Assembly out of Th
other thanschool funds. The Gonoral Of
Assembly is required to provide a tl
liberal system for the education of all usu
the children between the ages of 6 anel beg
21 years. The counties must be divid- .
ed into special school districts, except un
that graded schoit districts are not trii
to be ointerfered with. County boards
of commissioners are required to levy
an annual tax of :3 mills on the dollar
for school purposes, and, in addition,
there is to he levied on all polls be- u
tween the ages of 21 and 60 a tax of $1. .
In the case of Confederate soldiers, cid
the limit of age only goes to 50. [f
during the next three years the school -o
fund amounts to loss than $3 por capita Vi
for the enrollment, then the comptrol
ler general is required to make such
additional levy on the whole State as
will be necessary to supply deficiencies
in counties that do not come up to re
quirements. After December 1, 1898, an
I the General Assembly is required to On
evy, in addition to what has already On
heen provided for, such tax as may be
necessary to bring the school fund up
to an atmount that wvill guarantee thear
operation of the schools for such terms I
luring the year as the General Assem-th
ely may thin.< desirable. Separate
scnools shall be provided for whites n
a ]nd colored, and it shall he u nlawfu fatItll
for the children of one race to attentiP
school with the children of the otnerir
race. The Logislature may protvide tbu
for the various h igher- i nstitutions as it
s-e fit. it shall be unlawful t use o
the property of the State. or anty pol it- ~~
ical subdivision of it, in the mainht'
ntance of anly denoiinational i n-oit,ut
tien. All of the State's profits fromt
the sale of alcoholic Iliquaors, shall g,~
to supplement, taxes for school pu
A\rticle 12 Irelates to the penal an-l
charitable i nst,itLutions. It providle.,
that institutions for the card of t.he
bl ind, deaf and dumb111 andi instme shall
ble fostored by thle State. The coun- 11
ties arc reLqulir'ed to p~rovide for the 6- '
Ipoor within their borders unaible to st',
provide for themsolves. Convicts son- Liht
-tLenced by any of the courts to hard Sti
labor' may be workedl on the publ)1ic Mrt
roads of the State, or of the counities on
(reon which they wore sentoncedl. The [ti
-oineral Assembly is authorized to es- itt)
tablish a reformatory for juvenile or- of
fenders. All penitentIary convicts~ ar
must forover reomain uinder the super01- llai
vision and control of State olcers. IVO
~ Article 13 relates to the militia. All M
able bodied males In the State. between .Mi
tthe ages of 18 and 45 yoar.4, excep)t lou
1such as may beooxcmplt for various rca- shl
sons, constitto the militia, and shall er
-be undiier commatnd of an adIjutant and anfl
inspector general elected by the peco- str
tplo. The governor is commuandori-in- tl)h
chief, and has the power to call out spi
rthe militia when the safety of the th:
State or enforcement of laws domand. shi
The General Assembly Is empower-ed W
> and required to pass laws providing 'E"
Ifor pensions for indigent Confederate the(
Isoldiers and sailors, and for their up
> widows.
ArtIcles 141 and 15 relate to eminent
- domain and impoalchmont'. Theiy are -i
-abotut the same as in th( old constitu
Ition. Article 16, relal~ing to amend-(I
fmont and revIsion, is also practicallyfa
the same as in the old instruimnent,.
1 Article 1'7 relating to miscellaneous a
matters, makes several new provisions.
rAll ollicos in the State except librarian,
-must be filleod by males who are quail
Ifled electors. The ofllce of State libra- a
. ran may be filleod by a woman p~ro- o
0 vided she is 21 years of age and has
been a resident of the State for two w
.years. Divorces from the bonds of d
> matrimony are prohibited. No one
who denies the existence of a Supreme
Being is eligible for oflice under the pr
tconstitution. All lotteries and ad vor- I0'
tisomnonts of lotteries are prohibited. to
f ,y person holding an ofice of honor an
7.trust, who shall be convicted of ganm- lo:
Ing, shall be deposed and forever a
ward disqualifled from holding c
e. Married women have the rigi
hold property in their own nan
d make contracts the same as if the
ire unmarriod. All !aws in fort
w, and not repugant to this const
'ion continue of force until they at
.oaled or expire of their own limiti
n, and the provisions of all laws it
Isistent with this constitution ceat
its adoption. This constitutio
3s into effeot on Decomber 31, 189
I the provisions of the old constiti
n not re-enacted in the now one, ar
>oalod.
THIE RIECOltD OF A YEiAll.
atSouth Carolina Has ItalseI o
ler Furans-Largo Yields anti Gooi
,rices.
-State.
'his has been an abundant harves
Lr in South Carolina and the farmor
y be said to have been blessed. Tho
6r was in stIranigi contrast. with thi
ceding one, particularly as price
re been so much butter for farn
ducts.
)uring the year just closed, whil<
oicial figures are not yet at hand
estimate by competent authorit)
that the corn crop has been thi
ost ever harvested in this State
a total crop is estimated at 20,000,
bushels. The averago yield por
e has been 15 bushels, against 12
ye-r. The largest previous corr
p was about 17,000,000 bushels.
L, is stim1lateLd also that the Statt
furnished to the markets of tl
Od this year 6:38,118 bales of cotton
average bale being -450 pounds
3 acreage in cotton during the yeal
closing is estimated at 1,957,000.
3 prices paid for the crop are pr.tty
orally known. It is thought thai
average price por pound will work
to be almost 6 cents for the entirc
P.
esides all this grain crops were un
ally fine the past year, and so wat
tobacco crop, the latter bringing
ellont prices. Again the smoke
ses of thie State have been illed
h sulliciont hog and hominy and
products, it is said, to feed the en
State for two years.
may be added, also that South
olina has never had a bettor fruil
, year than this hs been. The
t was of an unusu'ally tine quality
there was an abundance of it,
iging good pricos in the northern
'kets. rhis is true also of the melor
o taking things all i, all South Caro.
ends the present year in a far bet
condition than she has ended an
),o year for half a decade or more.
re is every reason why the matsse
the people should be able to pa'
ir taxes now and then have an un
ally harpy Christmas, and ther
in the new year with hopeful faces
Iuring the pastyear also South Caro
% has made great progress on indus
I lilies.
1ANASSAS AN) APPOMATmTOx.-Th
nassas (Va.) Journal tti&Y that tin
)I ic sale of the McLean estate bring!
>ur mind the most singular co-in
ence we recall in our reading of his
Y :
'he first meeting of the Army of th<
AomIac and the Army of Nort.herti
-ginia took place at Blackburn
*d, July 18, 1861, and brought on Lh<
t pitched battle of the war. At 1H
n. of that, day lleauregard took uj
headquarters at the McLean House
I Ohere McIDowell attacked him witl
eavy force of infantry and artillery
the 9th of April, 1865. after 1,3i
7s of almost constant fighting. ti
n manders of these two arm ies, Gran
I Lee, met at the Mn' Iaeani IH ouse am
pomau&L Lox and drew upl tue t ermiti (
Ssurrender.
\V hen Bleauregar'd evaceuatedi Ab
sas, Major' McLean removed hi:
iily to iFauqier. As the tide o
war rolled ai airoiindt thmemi lhe
no ved for' Lihe s'con tfi ime to I Alnenc
g aiind thiere i n 180:3, the inuaior rt
ned oine day arid toid thiem he~ wool
ye them thiis time w herei the sinuw
,he battle "' would never m erich then
re'" They r entLed Lh be brjick h olise a
IhomattLoCx, wy hihiL~ has become is
ic, mand Limva- di w h ich allI the stratig
the w'ar c~ionverg,-d, and armum
ich it, so sui~dnly cuilm~iliaedh. Ami
t b appenedill, asM Matjor MI b 4'an fre
nuiy said, that, the wvar began o
Thiwo of thei miost, it'iteresting id
in New Yoirk are Mr is. Jiyssi'
tnt, iife of the great Northern lead
and Mrts. Je'Terson Dav is, wife
Priesident of the Confeder'at
Les, says the New Or'leanis Il'icayune
s. Griant owns a magnihicenit biom
the fashionable West Sidoe, nea31
rer'sidec P'ark. T1he hallIs, par'lor'
IIi liraries are file w1( vith reminrder
the disti nguished general. Ther'
battle pictnuros hung with tattore.
(s. buists in bronze and marble an'
riderfuli gifts fr'om all sor'ts of peolc
s. D~av is lives with her1 dlaughter
as \V innIc D~avis, In one of the fashi
able hotels in 5th Avenue. IHer
m'recoives with old-fashioned Souith
I hospitality the flower of Norther'
I Southern chmival ry. It, seem
mnge that these two women. whoni
war lelt in such widely difleern
meres, one the wife of the conquuteror
otheor tihe wife of the conq(1uter'ed
mld( como11 after long years frm Lh
ast and the South to Iivye in Net
rk. Strangest 'if all Is the ftact thu
my are warm p)ersonal friends an
nid much of their time togetheri.
'-Iev. John 'Jasper Is as firmly eoi
ced as ever' that tihe sunO mlovc
mid the earth andl that the cart,
Isn't move at all. Ie preachod hi
uoums " sun-do-move " sermon to ai
lience of two hundred white fol
Mount Zion Church, Itichmond, Va
t Sun rdaiy, and was more than ovc
irnful toward the scientists and oni
atic in his ar'guments for the literi
septanco of Bliblical texts bearin
the point. " When you rises an
en you sots down, don't you move
n how could the sun rise andl g
wn 'thout movin' ?" he ar'gues.
-Mr'. Quay has Introduced a 1b1
>vidin g for postal savings banks, a
vinig deposits from 10 cents to $1
be made at all money order offic<
d allowIng interest on all deposi
is thani $500
f- THE STATE'S LEGAL BATTLES
It TIlE ATTOIRNIY GENERUAL'S A
e NUAL IMEPOlRT.
o A Year of R'xtraordinary Litigatiou
i. The iteglitiration antid ispoisa
.0 Cases Consumne Much Tine.
Tho unnual report of Attorney Ge
o- oral Barber contains some interestit
e information as to the large number
n very important cases the departme
j. has had to deal with during the pia
I year. It is (ulto a remarkable ft
e that notwithstanding the eighty cas
handled, which Is a very much larg
number than usual, an1d the fact th
most of them were of a very importa
character, the Attorney General mak
recommendation that oni two fees f
outside assistance be paid. These a
the fees of General AluCrady aIL
George S. Mower, Esq., who we
called to assist in the registrati(
cases.
Attorney General larber gives
3 brief sta',oment of all the cases arsi
during the yOUr anLI the statts of tLI
still pending on appeals to tho high
courts is fully and muost perspicuous
explained.
A good proportion of the eigh
cases have not been fInally a.Ijud ient
ed as yet.
In concluding his report, Attorn<
General 13arber says :
"I3y law the Attornoy Goneral Is r
quired to give advice to all Sta
ollicers. During the present year tl
new scheme of county government e
tablished by the Gonoal Assomb]
went into operation. In consequence
the change, wIich had to he mad
suddonly, and the apparent inconsi
tencies between the new act and th
old acts under which the county go,
ernment wits admin istered by the ol
county commissioners, the now ollicer
elected under the law eXperience
great difliculty ndaeinbarrassmont t
its construction.
" Numerous inquiries from nearL
Overy county in the State wore mad
by tat.. -At'orney General as to th
Proper interpreatlon o the law. Po
the purpose of aiding the now olicc,
elected in the discharge of thi
duties and to produce unilornity in it
execution, an exposition of the act w:
propared and sent to each county su
pervisor in the State. The views o
this ollico were generally adopted an
the new scheme has been pu , inl su
cessfully oper'ation and is now workin
well.
" The disponsary act, approved 3d <
January, A. D. 1894, went into opera
tion immediately after its approva
in some of its features it was mor
stringent than the other acts on thi
subject, and it has been vigorourly an
persistently assailed during the yea
in both the State and United State
Courts.
" Its constitutionality was assaile
in the United States coiirts on variot
-grounds. Numerous actions for dan
ages have been brought on the lia
side against constables for the seizur
of liquors in which damages wor
claimed. These were based principa
ly u or 1- 1 nds that the act Is ,
.ood.ico, -. onnist-i 0t iog.f
UniedEtlksigd the acts of Congresi
relating to interstate commerce, an
that it establishes a monopoly in th
liquor trallic in restraint of trade.
" In equity, sui's Itavo also boon itn
stituted -praying iijunction to ro
strain the Si tables and otho
ofileers from 9 - importe(
into the State iso and fo
searches, for such a
tihe residences 4. Judg
Simonton, in thL Donal
vs. .1. M. Scott aI, '10d a
i)juntlCtliO restrai,. c 1
stables fron seizinj
into the State for pw. ,vhic
I- still of f-. An . hj
ttken fr'omil hi' decree' prom,
Cojurt of ti,,, IUnited St atli., hidh i
now pendting, aind which, ' Wlh, adji
d ic~a e, wvil: settle thlot qut1~ion of th
ighft, olf a ciiti,'I tio impoitrt, within th
State folos Iii own use. Another su
in equity, instituitedl by .lamnes 1)unh11
v, .John1 Giary l'vatns'and( th er' meni
ber s of tia- State~ bo~arti or coniitril, Lan
others, is still penidinog in the-Circu
Courit.
"In this 'action theo dlispensary a't i
r.~ounds(. The hill cliarie.. that, it,
Iconsti tattions o1 the iJntal Stat~es ant
the State.
"As will be seena fromn a roeort<
t he cases. a gre nat may co t nmpt, pr<
('''dings weret inst it uted hoforc Vih
(Jnited Suiteas Ci:rcuit Courit to) puiis
-ceonst,ablle.-Il hw violations1 of the orith
a (If injunctiotn gr'atd~ by J1udge Simo11I
- toni. When 'i these A o-c hceard , Ju ad j
f C. II. Sinraonton explainied the ord:
-3 and held that where 'onistatbles ante
-from facts, or in foreneos of fact:
showing the liquor wats inttended bo i
r sale and not for personal use, in mnai
e ig seizures they woul d he justi lied i
a tlhir action. I n the ntueos casei
baut three contstiables were adjudg<
in conte-npt for disobedience of the oI
Ider. Thliis rul ig deterred~ mianty it
poriters fromt bining lIiqt~uors with]
the State, undler theO guise of imnpontir
themn for personaitl use, whlenm they we
Sreally trintlcdd for salo, andit entabbI
- the State conistables to exer'ciso a wi
1 d inerution ini mtaking seizures, tand1
a this waty violations of the dispensai
law have been materially checked.
t " In soime of the towns and cities
,the State there has been stubborn o
,position and resistance to the law.
'0 has been dlificult In lain caises to s
cure convictions by juries, niotably
SCharleston. In this city It b~ecant
necessary to resort to contemplt pr"
coed(ings to reach ofronders and1
make a motion for a change of vomi
of easos pending bofore the grandi jail
in cons5'lequece of faIlure to lind ' tri
"It has req1uired a great deal
Stime of the Attorney General and ti
n Assistanit during the pre'sent year
sdefend these numerous actions atrisli
untder the dilspensary law.
r"During the present fIscal year t
Sregistration and election laws of Sou
Carolina woero also attiacked In t'
courts. F'our actions were instituited
test their constitutionality, one In t
State court and three in the Unit
0States Court. An ecminent cItizen
the State filed a petition In the Str
Il Supreme Court praying for an order
I- injunction to restrain the proper Str
0 ollcors from issuing warrants for t
is salary of the supervisor of regi strati
es and paying them, on the ground il
the law allowingy the alary wa n
and void. The thr
United States Court wI
N- the equity side of the sQ
persons on their own b6b'
other jrsonS of Afrie'
k- larly situated, to I
ry clared unconstit"
grounds and tG .
n- vote. A constil
19 been called by I
of and the osteins
'It actions was to
st assombling, at
et every way possi
V8 " These euits
0or tanco to the
at been dispose(d o.
t ing in the Su1
(s United States.
Or .6 As bt'fore U
re ward McG rady,
id lion. George S.
r.1 render~ed va..Iluabb)I
in and theili servie
by your honoraihl
a them atdequ1at. cc
Ig " These are th
so havo atided this o
i eity of the impi
y heard inl fih! colr
1" nconcl ulsioll,
-y 1mo0ilunt. of litiga'
t- State has been il
past yealr is liipr
y All f tile litic
partm~iient , some1i.~
(>4onstiied durii
0 $1-10.31.
0 A ppeided 1to
3- repollt are tlt
y of the stver
>f With tabuilat
e ber anld Cl1
5- posed of
(3 sur prisi,
. of ease
L, Srary li
s
a
n IS0U
Aio
0
8 -81,
the
The
tihe N
b)
ca
i t
Iieinds and nieig
filmian1 will doubtles I
IV .-IOrabLe attenltionl from 1,1
0 .8 of the Congressional set, fl
0 .,U Is curiosity to sC and ieet, ti
aln who could defeat by suen a Iair
majority the courtly and Over popiII
Gen. Butler. Senator Til lan says I
i does not Caro for social d isti fiction, b
a prefers to limit his visits to his perse
al friends and associates. Senator irl
. also 1111(is 111mr pliasuo i in his o
apartets, 111r01nded 1y IL gr-Oup
r )olitical frien)ids. than 10 c00ou1ld di
from tile most tristocratic social frui
tion. Unlike Gen. I ll ptilon ho dos n
seem to a)prklecli1tl3i th ilprPtalnce
(lItivating the social side1 of Washill
ton.
The livst u( ition of the Congression
Directory is ol With biograitit1
-,ket.ches (if now imembers of tbue pri
ent, Congres,. As thereae ou
1,0W fce's inl both Lhe I IM18 ls nl Sei1
the Direc'tory is nIow be ingl stud( ie'd wi
unu~~sul diligenice by tuos--,3 whol desi
to becomelt hett.ep 1aeg1uniin ted w ath 1.
The34. inreOtcr3Iing.. I41t1(a (rtilreo ,t
t sketebe1s0 lies iln the fact, th1 at tLhe 03
prop3I'tie bly ,1,11 'ConigressnIien tile
lso C, anitliI llencei youI get, an3 'sti (l
o (f what,11 CO Ih (Iani LhinkIs oif iinlst
Th 'Iltw 3. .-(3( LIers3 in the South Call
s.I. -present4 i .1 ves I'io btt, Stoks ( a 3
W Ilsl. Thle otlihor mi01nberst (If t,
aLst, Congre' i to 1. tand.31 for theo proL
A1gzu.1. I I, 1SI7 ; r~i3. vi'd 3111 1i3n'14i
r. George (Galphin a :,1 linhany, inI I
. 1iIamLe(ount~y ; quait, schoolt3 in July13, 18
Sto jolin tile Canbl derate armliy, but, V
r. stric3ken with Ia severe4 3IiIness, wi
(I caused434 the loss of is 1oL(' 11, 34.an kr
iml anf inIvalid for .s 'ars; follow
r farnming as5 aL pursuit and11 toodk no act
. part iln polties ill he b gani the agi
n tWIln in 188(1 for indulstr ial andu techii
educa~ltionl, wh ich clina 4-ed3 in
(j es31tab)hislshent of the4. Comlsonl Agr'ic
.tural and1 Mechan ical Col lege., at. C
a manlfd for educationa(I~l re.form broiadora
ginto a4 dlemalnd for otl ber chianges
SStalte affa1irsl, and31 h30 was 1 put, forwi
1by the farmolrs 11s aL ca1ndidate for G.
ern~'Ior' ini 181)1); after an exciting a
n heated can11vass? ho recelvved tihe nlomi
.LionI inI the( Domi-raiw*tic Convention
a VOt~o of 270 to 511 for his opponent,
in wals elected in November followli
I). tis was8 his (lest politicli oillco, and
Its ro electeod in 1.892 b)yIanloverwho3
c. inlg vote ; his term as5 Go'.ernor3'
a sIgnlalize'd by the passage1~( of the disi>
IC satry law for the conitrol of the l iq
.* trahille by the1( Stato and by thle est
a I ish mont of anoI(ther col loge, the M
e throp Normal an ld I ndustrial Cell
yfor Women, at Rock 1Hill, an1 Inst
e tion which bldds fair to lead all sim
schls in the( South ; entered1 the r'
if for the Senate against G3en. Butler,
o the two canvassed the State, county
W county, with the result that T1ilhi
wasi elected as8 a Decmocrat hy the C
oral Assembly by a~voto of 1311 to 21
o Butler. His term of service will exl
Lih March 3i, 1901."
ie "William Elliott, (If IHoaulfort,
to b)orn in Iieaufor't, S. C3, Sep~tembe
iio 1838; was educated at. Beau fort
Lid le, H-arvard University and the 1
of versity of Viarginia ; was admittot
to the LBar at Charleston in April, 11
of entered the Con federate service
to served1 as an officer throughout the
he in 18(161 was elected a member of
on South Carolina Loegislaturo and In
at dant of Beaufort; was a dologat<
ill the Natinal Tamoeratn cnvnnt
..4LUl'4
*.u ' Wetr C.
io Ieorgalization lha.
udndrtakon, he would direct that
proceedings be instituted to see ,
the charter was annulled, and that
combination was not effected.
said that he has already advised t'
tSecrotary of State not to record aUy
W railroad reorganization or Chartor pa
le pers until they worO referrod to the
1 A 1.torney GeaUneral's ofice. If the case
of the reorganization of tie Port Royal
And Western Carolina liRoad could not
,u reached by the now constitution he
isaid that there was no doubt in his
)y mind that it was a catso that was fully
F covered by the existing statuto law.
Goverior lViltS says that the people
v- of the StatU hlave repeatedly expreossd'
Llimselves against, the consolidation
of computing lines, and that ho ex
of pt!('S to H(10 (V0ry fragment, of law ox
SialusLed inl trying to defeat the ox
pectUd cnsollsol idlatilon.
a As to the Port .oyal and Augusta
a caso Governor vians in confident as to
L1 finid NesulIt, and he th inks that the
" l''ederal courts Will sustain the State
acourts in thbu matter. I Ic is somic
t~hvht isappifn ted that, the case
re should haveo taken this long to reach a
hie fin al settlemaenit, as it, hats beon in the
nuallIs of the~ court, for over two years.
G (overnor lMvans says that the owners -
SOf railIroands may ats welf realiz~o that
it ,tlerec is no neelod for thoim to try and
gobbiu u p "' comnpetaing linies, and
hat, the State will in conformity w.it~h
n thre law 5 do everythinlg it (can1 to pre- *hi
veit, an suchnoli da 1)4~i iitins. rish
he --The appo~JIl~ in~ent, of ,1 udge Ru fus niew st
nit, 1~coknamtr to the Supreme Court of the
United States is said to havo moro
thant ordinar-y significance. While it
m- generally conceded thait fromt a ju
JI Iia stumandpo it, the selection of
si LI .itr 'oek hamx is adlmirable aond is
or coilII endead by the legal fratorn ity'
liho toughIiout the coun try, it, said by
Ill, those wh occup01 Jy closeolpersonal 0 rol
ra tions with the P resident that ho in
ch LIInded .1 odge I.'cckhiam's appointment
ept to he his con tribuntion to a gon ui no
-ed peace coniferentce in New York politics.
ive It is also wh! isp~ered around Adilnis
t- tration circles that, the ['residont will
ical eerfullI aid ini aniy goneral move
,bo emient, 0 ing to the harmonizing of
[I- --i is atnnou ncd that a mtintn of
.e thme AmIterican Cotton Growers' iro
iteetivo Association will bo hold in
id.ianiiary, when the results of investi
Lvd gattions by theiprsident, Mr. Hqetor
n D. Daho, of Alabama, will 1he made
a- known, and it will beshownt that there
uywas greoat red uction in aoroago during
tn the year 189)5, whIch is just coming to
li a ls, and that the diminution of
macreage together with the worms god
m- ufavrabl sesonsin omeportions
Vwas of the cotton groping regIon of the
Unt Iiitedl States lowered the yield
rlatrgoly compared with the previous
bcrop and aivanced prices to a figure
~m-which actually afforded the producer
oeniough profit from hIs labor to pay for
far suplie ls for the next crop.
ace
and -Governor Evans says that ho .has
by been overrun with correspondence
nan relative to now counties. Ther'e id no
(In- use to send him petitions, papers or
for anything else on the matter of Inew
>ire counties. He says that the Cordtitu-.
lIon provYIdes that all elections for new
wa cour.tios shall be hold by the qtualifled
r'3, electors under the new ConstItlIon,
3d and that as there has not yet been .any
Jnj. registration under tho new regulaions(
1to that it will be impossible to- do any-'
mi ; thing until after there has been 'ateg- '
and isttration.
var; - --..... .. ...
the -One of the most courlous Inven
ten- tions on exhibition at the, MeIchatzies'
s to I1 alr, in Bopton, Ie an augur that bores
Ions a square hole.