The people's journal. (Pickens, S.C.) 1891-1903, January 23, 1896, Image 1
-" 44
E EOPLE'S J
VOL. 6.---NO. 2. PICKENS, S C., THURSDAY, JANUARY 23, )6. ONE DOLLAR A UAR.
form of registration certificate and the
proviolons of the statute now of force
regulating the same, expunging such
provisions as conflict with the new
constitution which will readily pre
sent themselves to you. This, how
over, is a matter for your own good
judgment and wisdom. Any person
donied registration shall have the
right of appeal to the court of common
pleas or any judge thereof, and thence
to the supremo court. It is made your
duty to provide by law foe such appeal
and for the correction of illegal and
fradulent registration, voting and all
other crimes against the election laws.
I would suggest that as little rel tapo
as possible be placed around this right
of appeal and that you shall amply
provide against defeatingfit by technI
calities. There should be also as little
expense attached to the right as pos
sible. Under the provisions govern
ing this right of appeal to the supreme
court now existing in civil cases I fear
very few cases of denied registration
would ever reach this stage if the
same were made applicable. The
persons complaining in such cases must
necessarily be of the poorer and loss
intelligent classes, but this is a sacred
right under our form of government
and., they are entitled to every test
allowed under the constitution con
sistent with the rule of intelligenco
withoutpnnecessary hardship or ex
pense. The severest punishment
should be prescribed by your honor
able body for frauds in registration or
voting. There was a time when the
ende would seem to justify the means
in this particular, but the necessity no
longer exists an I the day is past when
anything but the will of the intelli
gent majority freely and honestly ex
pressed at the ballot box can govern
in South Carolina.
Certain persons convicted of crime,
the insane, etc., are disqualified from
registering or voting. I would re
spectfully recommend thatyou provide
for a list of all criminals in each county
to be filed in the office of 'the super
visor of registration and also with the
clerk of the court in order that they
may be forever barred of the privilege
of registering or voting.
It is incumbent upon you to pro.
cribe the manner of holding elections
and of ascertaining tihe results of the
same. There is no nocessity for any
change at this time in our law in thi s
particular. Our people are accustom
ed to the eight box law and thero can
be no just or valid objection to the
manner of obtaining the results of
elections. We have been served with
notice that this article of our consti
tution would be tested before the
United States supreme couft and while
I have no fears as to the result and am
fully convinced of its constitutionality,
still should another Goff come along
whose "inclinations made it his duty"
to set aside our ,registration the day
before election, in such an emergency,
our eight box law would be some pro
tection. I, therefore, would respect
fully recommend that you leave this
statute as it stands and in future when
our status is thoroughly settled such
action can be taken as may be deemed
expedient. The polling precints of
the State must be changed so as to
make every incorporated town a sopar
ate polling precinct. This is neces
sary for the following reason : Section
12 of Article II provides that electors
in municipal electiona shall possess
the qualifications and be subject to
the disqualifications herein prescribed.
The production of a cortilicate of rog
istration from the registration oficers
of the county as an elector at a pre
cinct included in the incorporated city
or town in which the voter desires to
vote is declared a condition requisito
to his obtaining a certificate of regis
tration for municipal elections, etc."
There are many incorporated towns in
the State that do not include polling
prcincts but are included with such
procints. It is, therefore, necessary
to have such towns included in such a
p recint in order for the electors there
in to vote in municip~al elections. You
are also required to provide for the
registration of electors in municipali
ties but this should be done in your
general law for such corporations and
as near uniform with that prescribed
for State electors as practicable.
IKGmI'LTI ICPARTMICNT.
The sessions of your honorable body
have been changed to the second
Tuesday in January, with am time
limit of forty days. This ihitio
does not apply to the firsbt four sosions
under the new constitution. I trust,
however, you wvill consider the burdens
placed upon the taxpayers by the pro
longed session of the convention, and
will not attempt to enact all the legis
lation required by the constitution at
this session, but only so much as may
be urgent and necessary. Tihcre lb a
great deal that may be continuco t~o
another session of your homnorable
body, but I feel that this will immpress.
itself upon you without further~ com
mont from me.
Much time may be saved by chang
ing the rule of your .body which re
qluires that every bill or joint resolution
shall be read in full on its third recad
lng. The present constitution allows
you to road such by their titled oni the
li-st and third readings.
All elections by your honorable
body are now required to be viva voco
and the votes entered upon the Journal
of the House to which tihe members re
spectively belong.
You arc expressly forbidden to enact
local or special laws upon tile follow
ing subjects:
1. To chlange the names of persons
or places.
I woulId resp~ectf ully recomnmend
that this p)ower be vesteod In tihe court
of commnon lelas, to be done upon
petition of the person or peOrsons in
terested.
2. T(, lay out, open or work roads or
hispowor.is now vested in the
county board of commissioners, and no
additional legislation is required.
3. To incorporate cities, towns, vil
lages or change, amend or extend the
charters thereof.
4. To incorporate educational, roli
gious, charitable, social, manufactur
ngobaking institutions not under
the control of the State to amend or
extend the charters thereof.
These are all covered by statutes,
wIth the possible exception of bank
ing institutions. With a slight amend
ment to the general banking act re
quiring the secretary of State to issue
chartes upon tea same termsas o
other industrial corporations the lal9
will be complete.
5. To incorporate district schools.
This Is covered by statute.
6. To authorize the adoption 01
legitimation of children.
This power should be vested in the
probate judge, who is the public guar
dian.
7. To provide for the protection o
game.
This is covered by general statute.
8. To provide for tho ago at whici
citizens shall be subject to road or
public duty.
This is fully covered by statute.
9. To fix the amount of compensa
tion to be paid to any county oficor,
etc.
This will require an act to grade the
salaries of the county ofticors accord.
ing to the proportion of poulation and
the necessary service required.
Some are now on salaries and some
on fees. The constitution contum
plates all to be on an equal footing.
" In all cases where a general law
can be made applicable, no special law
shall be enacted."
Let me commend this section to
y our careful consideration. If you
heed it, there is no reason why your
doliberations should be prolonged
beyond the heretofore ordinary session.
The curse of the State has been special
legislation.
It is your duty to enact laws limit
ing the number of acres of land which
any alien or any corporation controlled
by aliens may own within this State.
I have recently visited the coast sec
tion of our State and its fertility and
susceptibility of improvement by drain
age surprised and astonished me. It
is as fertile as the valley of the Nile,
the soil in soine places being five feet
in depth. As our State incicases in
wealth and population this section is
bound to be the garden spot of thc
country. The demoralization and
paralysis of Onergy caused by the re
suilts of the wai' drove the owners of
these plantations to the cities and
other States to engagre in other pur
suits, arAd they have been abandoned
to the deer and wild turkey and frec
negro, only to be bought up, however,
and converted into hunting preserves
by rich capitalists of the North, wh<
now grow fat upon our misfortunes
Over one hundred thousand acres of
these rich lands are now owned by
hunting clubs of foreign citizons with
not an acre under cultivation. If this
is to continue these preserves should
be taxed in ptoportion to their ability
to produce crops and not deer and wild
game. If a millionaire buys a rall
road and converts it to the sole use o
transporting himself and friends with
out revenue, the State would continu<
to tax it upon its truc value to the pub
lic, and so it should be with the gami
preserve. If It amounts to breakinj
them up, well and good, the Stat<
loses nothing, but, on the contrary re
claims what belongs to her industriou:
citizen : a home and fertile fields.
trust this provision of the constitutioi
will be thoroughly enforced by suit
able legislation.
EXICUTIVE DMPARTMENT.
It is within your province to provid<
the executive with a board of pardons
to whom the Governor may rofer every
petition for pardon. which board shal.
hear all such petitlong,* under such
rules and rogulations as the general
assembly may provide.
The Governor may adopt such re
commendations or reject them; but in
case of rejection he shall present his
reasons to the general assembly. As
you will observe, there is nothing com
pulsory in the matter, and, after all,
the entire responsibility is placed up
on the Governor. I can see no use,
therefore, for such a board. But the
matter is loft entirely to your wisdom
and good judgment. If a b.oar'd is pro
vided, allow mue to suggest that it he
composed of outside citizeins, and not
oflice-h:older-s aind pol1iticiaens, who may
p~ossibly have "axes to grind."
The supr-eme cour-t of the State will
hereafter consist of a chief justico and
three associateo jus'Les. This wvill
necessitate the election by you at this
session of an additional associate
justice. I would suggest that this
election ho held as soonm as practicable,
as the cour-t is now in session and the
services of the justice are required. I
have found in mty experience with the
legislatur-e that elections ar~e the
greatest d rawbaecks to expe)ditioln in
you r wvorkl, and I would respectfully
r-ecommenid that all of your elections
lbe had dur-ing thme firist week of the
sess IOn.
Thel( consititultion has aulso pro(v ided
another' appellate trf iunal for tihe do0
termi nation of grave conit~~utional
questions, consisting of the umemnbers
of the supremie court and 'he rcircuit
judlges, It will be mi-een-. Mnr you
to providle mi:'un for- the 1-,ynmnt of
the exprenses of the drec 't j 'lgtes
when called to site ini t' as oplate
court. It would he utnjuiot to maike
them pay their own expenses. I woul
suggest that the Gov'ernor's continl
tient, funa be incr'eased to an amount
suflicient iin your judgment 1,) mobet
this additionam 'mne.nsr ..d that the
Governor be authorized to pay the
same therefi-om. This lk the law now
as to judges who sit upoin the supreme
court when one of the justices is dis
qunaliflied from any cause. Tihe ieollc
have a right in future to expect al
appleals to lbe speedily boaird and dc.
ter~mined. A widic discretion is allow
ed youi' honorable body foi prmovidling~
courts for time speedy admuinistraitior
of justice. The law's delay has beer
a trite phrase for cenutur-ics, and I
trusit you will find seine plan for af
fording tihe peolo relief from th<
heavy burdons nf court, expenises oc'
casioned by the continumation of causes
which often amnounts to ai donfial 0
justice and brings the courts into die
rep~ute. Them-o is a general demant
foir relief, and there are only two dloora
open1 for you undler the constitution t<
wit: the estabilishmont of county court
or' an increaso in the numnbei- of circui
judges. TIhore seems to hn g'reat op
position to the fornmor in many of thu
counties on the grounds of expensi
and the great number of ofllces necos
sary to b)0 creCated upon their eistalish
mont. My judgment is that an in
crease of the circuit judges to tel
would alfor-d ample relief and give al
the time required to dispatch the busi
ness of the several counties. Thi
would reqiure a like increnso in thi
number of solicitoi's. The additionai
ex pense to each county woul 1b4
*222.22 nne annum, and I am satisli
Gentlemen of the General Assembly :
The past year has been a momen
tous one in the history of South Caro
lina. Much has been done to the glory
and renown of the State, much has
been done that might well have been
left undone.
For the first time since 1868, your
deliberations will be governed by an
organic law framed by our own people.
Under the act passed by your honor
able body calling and providing for a
constitutional convention, delegates
were duly elected by the people and
the convention assembled on the 10th
day of September and adjourned on
the 4th day of December, A. D. 1895,
having framed the present constitution
which went into effect on January 1st,
1896.
I deem it unnecessary to give you
more than a cursory review of the of
forts made by a few white men and the
negroes to defeat the holding of this
convention and but for the sake of his
tory I should not do so at all.
After the primary elections for State
and county officers last summer, an ac
tion was brought by Matthew C. But
ler, ex United States Senator, against
W. T. C. Bates and W. H. Elierbe,
State treasurer and comptroller gen
eral, respectively, to enjoin the pay
ment of the salaries due to the super
visors of registration of the State upon
the ground that our election laws were
unconstitutional, null and void. The
result was a victory for the State but
the decision not coming in time to suit
the plaintiffs, a now attack was taken
and a case made against the supervisor
of Richlad county.
A ready tool was found in United
States Circuit Judge Goff, Republican,
from West Virginia, and one to use
his own wards who felt that " duty
mingled with inclination " compelled
him to declare our registration laws
unconstitutional and to enjoin the of
ficers from executing them. While
this crisis confronted us I felt impelled
to issue an address to the people of
the State preparing them for the
issues that might confront us and I
had no fears of their ability to meet
them.
In this address I gave pon portraits
of the judges and their co-conspirators
and it is unnecessary to portray them
here.
Fortunately, we were enabled to ap
peal to the United States circuit court
of appeals, in time to revorso Judges
Goff and Simonton and conduct our
eleution for delegates under the regis
tration laws, now of force. In this
connection, I desire to express my
high appreciation of the ability dis
played by the attorney general and the
valuable assistant serviues of Messrs.
Mcrady, Barnwell and Mower. These
gentlemen voluntarily offered their
service.s to the State In overthrowing
the tyranny of Judge Goff, but I was
unwilling to accept them gratis and
upon the request of the attorney
general I retained Messrs. McCrady
and Mower to assist in the manage
ment of the cases. I trust that your
honorable body will grant them such
remuneration as you way think just
and equitable.
In spite of all tTorts to defeat its ef
forts, our convention has met and ad
journed and given us a good constitu
tion and we can well afford to let by
gones be bygones and deal with ,the
present as we find it.
Many changes have been made in
our system of government and I feel
it my duty to point out to you the most
important, as I deem them, for your
immediate consideration and suggest
the legislation required of you to make
them effective.
RIGHT OF SUFF.AG1E.
The most important article com
manding your attention is that of the
' Right of Suffrage." This matter
should be given the right of way and
let it be the first law enacted by your
honorable body. There are many rea
sons for this : First, the people are
anxious to know how and when the
right to register is to be had, and see
onC', it is of vital importance that a
full registration of electors should he
had before the next'generni election.
The requirements of the constitution
are " residence in the State two years,
in the county one year and in the poll
ing precinct in which the elector otfers
to vote four months and the payment
six months before any election of any
poll tax then due and payable. Min
isters of the Gospel and school teach
era are entitled to vote after- six
months' residence in the State."
(b) Registration which shall pr
vide for the enrollment of every elec
tor once in ten years'and also an en
rollment during each and every year
of every elector not previously regis
tered.
(c) All male persons of voting ago
applying for registration who can read
any section of the constitution sub
mitted to them by the registration of
ficers or understand and explain it
when read to them.
These are the requirements up to
January, 1898. A fter this time a per
son applying for registration if other
wise qualified must be able to both
read and write any section of the con
stitution submitted to himuby the reg
istration officer or can show that. he~
owns and has paid all taxes collectible
during the previous year on property
in the State assessed at threo hund red
(*300) dollars or more. The payment
of all taxes, including poll tax, is a
pre-requisite to voting.
It will readily appear to you that
different legislation is required for the
period op to January, 18u8, from that
thereafter. I would su~gest, however,
to your honorable body that all the
p revisions of the constitution and your
legislation in reference thereto be
comprised in one statute as it is ex
ceedingly desirable that it should be
thoroughly circulated among the
citizens of the State. Designing de
magogues are already at work filling
the ears and heads of confiding con
stituents with false impressions non-~
cerning the provisions of the comstitu
tion, andthere Is no safer plan to set at
naught such fasehoods than by allowv
ing the people t. see and r'ead for~
themselves.
1t Is your duty to provide for the is
suing to each duly registered elector
a certificate of registration and for the
renewal thereof when lost, mutilated
or destroyed. I am satified ,vou can
do no better than to adopt '1,e old
the saving in jail fees and witness fees
alone would pay this ton-fold. In the i
county of Aiken six months intervene
betwoen the fall and spring terms of
the court and prisoners who cannot
give bail are required to languish in
jail at the expense of the county for
this period and often longer. I have
no doubt the same is the caso in other
counties. The courts cannot sit longer
than two wooks at more than one term
during the year, and often adjourn
before the jails are dolivored. I re
spectfully ask that you give this mattor
your careful consideration.
Magistrates are provided for, in
place of tile old trial justices, wIth I
salarics in lieu of fees, to he fixed by
your honorable body. Their juriadic
tion is defined in civil and criminal
cases, and this devolves upon you the
duty of providing for their appoint
mont and to determine the cases in
which they shall exercise jurisdiction
within constitutional limits. I would
suggest that any legislation as to the
salaries of magistrates be made to
take effect after the terms of the pro
sont trial justices expire, which will be
in December next. It 1s your duty to '
provide for the interchange of circuits V
of the circuit judges.
JURISPUIUDENCE.
It will be necessary to provide for a %q
change of venue in civil and criminal t
cases over which the circuit courts 0
havo jurisdiction and in which, under
the constitution, such changies can be y
made. This requires your attention -
at this session, as it ail'ects the adiin- e
istration of justice. it is also mado t
incumbent upon your honorable body 1
at this session to provido for the ap- t
pointmont or election of a commission- E
or, whose duty it shall be to collect dI
and revise all the geneiral statute laws c
which may be passod from timo to 1
time, and also to reduce into a syste- t
matic code the generally civil statutes, j
inclnding the code of civil procedure, I
with all amendments thereto. The c
terni of office would seem to b necos- t
sarily ten years, but th is ib lift entirely r
to your own judgment aftcr reading i
the section.
You are required to provide by log- H
islation for the punishment of any of1- t
cer, State, county or municipal, and f
for his removal from ollice, from whom
a person In his lawful custody has I
been seized or taken through his neg
ligence, permission or connivance, by
a mob or other unlawful assemblage of
persons, and who has sulfored bodily
violence or death, and also to provido I
for the maintenance of a civil action
for damages against the county in c
cuses of lynching when death ensues,
and further foi- an action by the
county for the damages against the I
parties engaged in the lynching. I
It is a matter of gratilication to the 1
people of the State that the constitu- I
tional convention, in no uncertain
terms, reprobated and condemned this 1
pernilous practice. There have oc
curred during the past year four cases
of lynching within the State, and not
one has been for the crime generally
regarded as justifying such action.
'This should convince any mind that if
lynching is to be condoned and tacitly
encouraged for any crime, like a loath
some disease, it will sproad over the
entire category of crime when a dozen
or more fronzied persons feel that
justice has miscarried, until anarchy
prevails and our republican form of
government is destroyed. The failure
to punish this class of offenders is not
the fault of the Executive. In each
and every caso I have exhausted every 1
means in my power to apprehend the N
guilty parties, and have employed
special detectives to ferrot out the
crime, but iu vain. Thecitizens in tihe
neighborhood invariably condemn the t
ofenders. but never inform or assist t
the oflicers of te 4'law in punishing .
them. It is to be0 hoped that auch log- gi
islation wvill be enactedl by you as will b:
prevent in future the repoition, of suchl
barlbarious practices. 1 fear, however, a
aiothiing short of the loss of the oflioial i
hleads of the ollicers permlittinlg lynch- t,
ing will over puLt an end to it.
Thor"- is a provision in the constitu- k.
tion thlat all laws inco.nsisteut with it
shall cease after its adoption, exepJt c
that all lawvs whlich are inconlsistent
with such provisions as reqluire legis
lation to enforce them shall remain int
force untiL such legislation is had. Itc
will be necessary, therefore, for the I
General Assembly to repeal all lawsr
inconsistent with tihe provisionis of the
constitution, or to so alter thoso nowc
in force as to make them conmform to I
the constitution. it, will ho impmossible
for. me to direct attunt-ion to aiid such't
laws, andl I have ino (JoIt Ii eb"rs (of
your honorable body w, 1w br all
such to your attention by bill or other
wise.
C~OUNTY AND) (COUNTY~ GIOVJItNMNT Ni. I
You are given the power to f' r m
necw coun tics undler "'-y inany restric
tionx; and you shioul ]p-o vide for the
holding and~ cond~uct of oletion~s. the
aplpontment andi pay mnt of the, va- I
rious officers for conuucting the same, I
and other muatters in reference to tile
formation of new counties which I
doem unnecessary to poiint out to yeou,i
as the article is aimost complete wvi th- 1
in itself without legislation except r
such as I have saxgestedl. No pr-opo- I
sitioni for tile formxation of now couna
ties, at this session, can ho considered Il
b~y you, as the provisions canm not be
comliecd with.. t
It Is necessary to pr-oviade for the
aisessmnent of property in tihe new I
county of Saluda for the pr(osent fiscal
year and for the collection of taxes 1
when ;1ssessed.c
MUJNicii'r ( COlti'ORA TIONS A NI Dl'- c
IGi'E ItlJUATlONS.
Ihereafter the General Assembly can
only create municipailities5 under01 gen
eral lIaws. Tile power of each class 1
should be dlelined so that no~ such cxor- 4
poration shall have any p~owvers or b)0 I
subject to any restrictions othier than 1
all corporations of the samoc class.
There are upon the statute books1
two Acts relating to this subject, one
for- the incorpor'ation of towns of lessi
than one thousand inhabitants and one
for tile incorporation of those of more
than one thiousandl inhabitants.
These Acts cover all hat is necessary,
and with tile changes as to bonding
elections before organization, the
qjualitications of sulh age and tile in
hibitlin as to ilquori licenses ats pro
- scrihedl in tile constituitioni, they will
be coinplote. I wouldl~ suggest that they
>make it the duty of the Secretary of
I State to issuo 'all such charters and
e mpower him to order the election
I rcnunirna by the constition before the
)rganization can be had, as it Is do
dirable that all niattors connected with
Oharters 4hould issuo from his office.
COitPOlI A'TIONS.
Tho term cor oration its Included in
,his Article of the constitutioni in
iludes all associations of joint stock
,ompanies having powers tand p-lvi
egos not possessed by individuals or
)artnershi)s, and excludes ituicipal
torporation already treated of. You
ire required to pats a general law for
he incorporation of railroads, telo
fraph and other transporting and
,ransmitting coipanies. The sin
)lost platu, ini my judgmetrnt, would be
o leave the roquirements now existing
as to obtaining a charter from the
xencral Assembly and make them
pplicable to the Secretary of State,
nd require the potitions setting forth
he routo with a map to be filled with
he Socrotary of Stato, and cm power
limt to issuo such charters upon the
urthor condition that a certain
,mount of work nust be porformed,
,nd road built and equipped within
wo years after a charter is gained,
therwiso the same to be null and
oid and forfeited. All industrial
harters (other than railroad charters)
ro now issuod by the Socrotary of
tate, and if my suggestions moot
rith your approval he will be re(uired
L) issue iunicipal, railroad and all
ther charters.
It will, thereforo, be advisable for
ou to fix a q alo of tees to be charged,
-raduated aco ! lug to the amount of
apital stock i1,voP %--ed in the ini.lus
rial chartor or to the mmi portance and
agnitude of the municipality char
ored. At preselnt the Secretairy of
tato charges a uniform fee of only six
ollars for all industrial charters, a
hartor where the capital stock is a
alf million dollari costing no more
han one where the CaLI)itatl stock is
niy one hundred dolh.rs. This !)o is
mposed to cover only the acteual cost
I recording, filing and indexing first
he declaration and subse-quently the
eturn, and writing, recording, index
ng and issuing first Oh comiiLissioni
,nd subsequently the charticr, ncces
arily done in each case where i elar
or issues. 'The fee ,s hardly adequato
or the clerical wor-k and does not
ompensato for tht> coSt of record
Pooks and blanks nc(r for the nceersatry
xanilnation and scrutiny of the de
laration and return.
Again, while foreign insurance com
oanics are required to pay an annual
icense of one hiaded (lollarh for
cing business in this State, an asiso
iation of Individua's living in ancther
tato may take out, for six doll1rs a
harter to do any imurance bu-i ness
n this State, and while their res'donce
mnd assets are without. the State may
,hereafter do an iniuraico business in
3hls State without a license foe.
Therefore, I suggeet that the Secre
ary of State be required to collect
tnd turn into the StLt Treasury pro
scribed fees for charters, the minimum
if which bhall bo ter dollars, and
.iradually increasing so as to bear
omie relation to the amount of capital
stock involved and to the magnitudo of
the municipality chartered. Under ouir
,harter laws, on the 251,h of ebrlwuary,
1895, a charter was i.Ssued from the
-ce.etary of State to the Atlas Fire
[nsuranco Company. The incorpora
ors are all citizens of Indiana, Wis
nonsin and Illinois. Their principal
)lace of business was sot forth to he
Jolumbia, South Carolina. Since the
ssuing of the charter nothing hats
)con heard fron the company except
omo inquitics from Somo peoplo of
nother State as to their standing.
"his company evidently organized
nder our charter Laws on acont of Of
lie facility and economy with which
hey could obtain a eb art, 'r, and pob
ibly with the inteti.n of never
pening an ollico in C'oLIAun.hi or doing
usiness5 ini our State. There.,a may hbe.
thor comnpanies doi ng the saime thin g,
ndi It certainly Is posrai hlo undie'r e x
sting 1laws for aa~ unrcl iable. compi any
:) btaini a charter f rom thmis St~ate anid
mlhose upon th citizens of anaotier
itate. It will bet readily secn how tis
irivilego may be atbused by wild-cat
ompanies andi charter splat~iors, if
he necessary restrictions are not
hrown around it. The pocketbook Is
he tenderest p)oint with such schiem
srs, aind if an enterprise is worth
taving the sinall fee chatiged wrill be
to hindrILanlco. The staitto now~ of
orco against trusts, comlibintationis,
ontracts, and atgreeme(.nts againlst th~e
oinIIc wel fare is stmrng enoutgh for all
mIIrpo~ses.
Th'le provisions of this A iticle of the
ostitu tion shiould be incorpora'' i*ted~ ili
'our gene ral Act, for t~ (0V be ioneint
fthe oflihers who execute it. '.l'hiis
Srticle v. ill requnire Iin tnediate att'in
ion, otherwise the proglr s of the
tatol may be ijmded.
IIlNA Nt: ANID TIAxAIO N,
It Is y'our duity ta roevidiO genlo'"
ystemi oif thme ass: iiment of pro' perty
or tabxation, andi~ this asesment sxhal!
So taken by allI nmnicipalilties andt
ubd ivisions of ulhe State as their baisis
or taxation. You are authorized to
mpose05 a graduated tax upon incomcs
,nd1 ai lcenis on occuIpaitions andl busi
orxs. It is furthur madie your duty t~o
ass laws mnak ing tnmber.zlemnent otf
ublic fundsa a felony, puin Ishableo by
no and i mpfrisome nt, proportionied to
he amnounlt of the deficiency or cmi
czzlements, and for t~he forfeitureo of
lieot11ce of the personi found guilty of
ucha an offense. The lugislation under
his Articlc, with the excepition of then
munishmaent for Wfmbezzliimnt, may~ lbe
ontinuedi until your next sexssimon,
xcept such as will horcafter be called
o your attention.
The~i 1p001l1 are to be congratulaLted
tjpon the liberal manner In which the
onstitution has pros iod for the comn
non schools of the State. It Is imtum
eont upon you to provide the machin
ry for carrying out, the preovisions of
,ho constitution, andl to thias emnd you
ire given absolute pio'vet in the fh
ion or appointment and cotrottl etf all
ichool ollicers. The school comm iiIs
iloner is no longer a constitutional
)flcer, and you may ahol ish the sallice
>r continueoI itas you see it. Grexat
:lissatisfaction exists~ as to thme compoi
teney and ability of thin schuol coim
missionor-s in some of the ctioiS, anid
It would be well for you to pirscribo
tihe qlualifications of this ohlicer, so
that in his election or app~lointmennt
some11 regardl may lie had as to the
charactor', fitness andit ability to per
formr the high duties of time office. II
this is not done, In mvm judgrment, the
ofilco should be abolished and th
ontiro managemont of the schoo1 b
>laced In tho hands of tho count
>)ards of oxaminors and tho loo0
trusteOs. In1 som casos men haV
beon elected to this oflico who coul
not read and writo, and vcrtainly wor
unaletio to Writo ia sentenco corroetly
and whoso moral character was no
well calculated to olevato the tono o
the teachors or pupils under tholl
su1perv'i'ion.
'TIeO comI11on sch1ool1 of the StaLto are
required to be separate and dlistina
for whitto aaid coloreI chilrleni, ani
tuMilS of 14tiber race arIe pohbite
roi a ttending tho schools so slt aparl
for Ulu other race.
I' Pol cuty authorities ne1-o ret iired
to levy a LUX of threo mills on the dol.
lar upon all tauabl property In thoL
r'espectivo counties, which tax shall
b collected at th samii timo and b3
the same ollcr s W other taxes. It h
ntde tho duty of the school trustet
to oxpend aind disburse this tax as tiht
Gonoral Assombly may provido. I
would suggest thut you leave this t
the board of trusteos as In their wis
domi ma11Y 1om best for th interests o
their several districts. I2A).l-sol
govern mont in this particar1111 il
greatly to be debiredl, and botter ro
suits will bo obtainqd than by any iTfor
of your body to prescribo rules am
IegulatiCns to m11oot the c(O1lIictin1
colldit.lo's that n0cessalrily exist il tih
various ;chool. districts. '.lho poopIt
who pay the tax canl better ju.lgo a
howY to aqpply it to t. 1 Ownl inltteres
thia the Geniral At-elibly, witnL a
(110 respect to your body. The m3an
ner- of solecting trustees need not b
uniform, and cannot bo throughout til
Stato if intelligunce is to govern h
such selections. The ropre.sontativoi
from tlbo several counties are tLu
judges of how to select these oficors
anId t.heir conclusions will no doubt bt
accepted by your body.
A11 supplemlentary tax is providOd fol
whnoIever the aimoillit raised from tihti
three mills levy fails to provido a1 p1
Ca1pita of tlhl'leo dolal's 11poli the 11113u
her of pupils otnrolled. With this,
hIoWeCvi', you lave lot to deal, as it ib
made the duty of thg( Comllptrolle1' Gon,
ural to levy the suplem1entary tlx il
neel3ded. I 1, is W i th i n1 youl prov 1 Ieo t(
proscribe tle 111111131r of 11o1tls dur
Ing which the free schools shall re
main oPcn, and III ca1se the taxes he-r
tofore mentioned art, insullicient tt
maintain them you ire requiretd t
levy such additionai tax 11pon the prop
erty of the Stiate ats mty be sullicientl
for sullch purpose.
To provide it term of less than siy
1loniths woild be a faiLur upon yolu
pa1I't to satisfy thu gr'ea(t demand 0
0111' )eo)le for bCttIr C011111n011 ,UIIOOib
Unless our youths are buttor prepaLrei
in these foundation schools the thira
for higher edication will be slaklC
and out system of collhges will becom
to) heavy n11d fall of its own weight.
All the net imeii to be durived by tL
State from the sale or license for th
SUlII of intoX ie('tilg liqutor's, all gifts t
t, State wihero the purpose is It
designlatted, all eschleated propuril
the lot asscts or3 funds of all estates (
co-pr'literships inl the hands of th
.courts Of tlO State wher1' thlOI'o 111v
been no climiants for t, mle withil
the latSt sevOtlty 30a's aind 01b dhirCe
tax fund, Lro set apItu' as a po031mla1n1On
sehool fund, to ho seci'ely investedI
and the 1n111al incoIo shl]l bO aI)por
tioned by the Gonoral Assembly foi
the pu1rpo)I o of m1aintaining th public
schools. This 8111 will be It larigo 11o
alld it w ill Ibe nlecessar 'y for you to pre
blrib'o thb ina141er' Ill Which 1nd b)
Whom111 it is to be iivested, as the con
stitution leaves this (loubtful.
It is niado the d uty of the Genera
Aseumibly to provido for tho divisioi
(if the cunies intLo sitab 11 s1
~ilurie(s, anii hti, to c ceed forty-Iliiyi lil
he less tha(n1l~ ine squiare' miiles iln aron
(4tc. It is 1tiossi 111o for your31 body 1
diiin r 3 1 , ili 1 Ia1vl Lil is 31at(.1.13 iii ti0
hand111 of tueo count y bodh of cx '(lmit
'iNS.
Thuilai1133 Of the Iauniatic Asvlumi
has( b)3301 chantged to Lihe S'ta(to Lospi
talh for the inisanoe.
itL is madito 1.1bo duty.3 of y'ourt honorabb(i
hody at,. yOui' ir1st, session aft,'r till
Vid such 131 propler' and liberal legisia
1ion as5 wVill guaran3(Itee and3( secure1' a(
annua311 pI#adont Lo every3 ind(1igenit 01
disabledii GIon fellorateo soluI ir and sail10
oif Lt bis S;tato andl (if tbe la(to CJonfeder-0
St ate, anid also to thu ind(Iigent widow
(if Cotnfed rate 5(oldier3s atal1 sai1lor's.
I feelI that, it is absolu Itely unneces00
sary for mul toi 14ay one1 wvord inl i'fei
t'nee31 toi tiis ilitCe to .1)11)1 you t
realIizuI your3a dutly. Mont of you3 ar
Con fedurate ve3teranst, and those wh,
are1 not aire s(ons (If 01on forlIato sold11(1r'
I f there is 0310 thing deai' to thle heart3'
oIf Souith arlin('113a, it is theo mlemlor
of the lost caulse. A State tihat, ex
ho ungat~d fu in (1 I bor hour(I 3 it propoit
to) the inld iget and13 d isabledl v'otern
w'ho stands als a living' mlonum~lent I
tihl pinc331ipios( wichel 111081 final31ly pre
vailI to purIpotua3te this r'epublli c. LcA
your33 3)pplroprIiation he3, as8 the const51.
tiutioni diirec3ts, piropjeran lIiberal.
manne Irg theli g11 va ious 3 ariclo Iofl 1,hO
conlstitti ion, it, wvill bsee 53'CI ihat thl
l egis8latIion requ31'ie (if you13 at this ses
elassi fied asi follows:
I. An 3n331 to r'egu lato tihe right, o
5iiifraIge3 and1( for regulat3(ion of elec
tilons.
:2. Ani not11 dini 1ng and pliTrotectL1in
thie home33stead3 for heads (If famiio
and flit piersonsi 1not, head( (If families(1.
:i. Aln act, ilo prYovido1 for the inIcorIp
rtuon of cit1.is and1( townIs and1( f0
chlanig , amend33(1intg of ailteinig Li
charter333S thiereof.
-1. An act1 to) provide for tho inlcorp(
ratLIion of railroad, telegraph and othe
tranlsporting and1 transil1ting comfp1
5. Al nact to pr'ovido for the incorp<
r'ation of binl~lg institutions.
ii Ani act,1 to prov1idel for a mor0
speedy adm1intrt1(I3 ioof julstico ('oui
ty cou rts, or' inlease of circi'( t judge
anld for' the inltorchan~lge of circutl
amiong circiuit judges and for changf
of venue.
7. An aLet to pirovide for theo appoin
mnneit or election of a commissionari
o codify the laws andudedine bid duties,
0 8. An act regulating the forMation
y of now couaties.
9. An act to provide a uidrin as-.
u vosstient of property for taxation.
1 10. An act to provide the inaiinr in
c v bleh c.ahms against the State may
, be obtaolislhed and adjusted.
t Ther ar othrer matters not so ur
I gout thet iay well be contined until
your neu.t regula. session.
It is uy duty now, at the risk of try
It Z your patience, to give you a flash
light glanco atuI t admIIinistration of
the govornmcdt during the past year.
I would respectfully call your atton
tion to the reports of the various
boards and heads of departments
which you will find full and complete,
and herewith transmitted to you.
PINANCE AND TAXATION.
Upon my induction into ofilco tho
deficit for the ordinary expenses for
the government was $60,000 in the
shape of a note of the governor and
treasurer hearing interest at the rate of
7 por cent. This has been paid in full
as well as all other ob.igations, and I
- ami happy to inform your honorable
r body that there are in the treasury
r sullicient funds to pay the expenses of
i the conUstitutional convention without
- any extra taxation upon the people.
t, An appropriation of said amount, how
I over, will have to bo made by you, as
r this is the only way in which it can be
j drawn from the treasury.
By reason of the extension of the
s thue for pay mont of taxes for the past
t flscal year under authority of your
I honorable body, the State treasurer
- and governor borrowed $100,000 with
a which to moot the January 1890, in
3 torost on the public debt. 1 refused to
i pay interest to the banks upon this
i amtiotut or any amount borrowed by me
3 for Stato purposes, for the reason that
,tho Stato deposits all of her funds in
such banks and receives no interest
thereon, and from a spirit of rocipre
city I doomed It just. I secured the
money, I am glad to say, without any
serious protest from the banks, thus
saving the *2,121,09 interest paid out
for thib provious year. The following
statement is given for your inforina
tion showing the amnount of taxes re
ce.ived and dislbursod, the amount of dis
pon.'y profits paid into tho treasury
and the phosphate royalty over and
abovo $75,000 placed in the sinking
fund and i)plicablo to the gonoral ac
count. Th profits from the disponsary
up to the first of .January 18906, when
the new contstitution wont into ofyoct
will also ho applicable to the general
account.
* * * * * * *
P'rom the foregoing It will be seen
that we commenco the fiscal year with
out a dollar of indebtednoes8. 1t will
:1 be necessary for your honorable body
to provide sullicient revenues to run
the government for 1- months instead
e of 12as heretofore. This results from
tho chan1igo in thu close of the fiscajl
e year from the 31st, of October to the
e :1st of I )cnbor, under the new con
Siitution. Two-twolfths of the ordi
t mary expenses of the State government
will have to be uddod therefore, to
your levy for the next fiscal year in
o ordor to make up the deficit at, once and
e remain on a cash basis. Under the
I pr'ovisiolns of the now constitutJor,
t cvery dollar of outsido revonue here
t toforo going into the Stato treasury to
meet the ordinary expenses of the gov
. ernment except In phosphato royalty,
which is now hardly sullicient to pay
the fixed charge of $75,000 to the sink
ing hnd, has bon diverted to the
sichool fund. The dispensary profits,
the direct tax fund, escheated estates
and all gifts to the Stat, where the
purposo Is not dosignated go to this
I equalizing school fund. We aire en
tirely de pondent upon a direct tax to
. rais. fun di.s to mi t the ordinary ox
- ipenses of tihe gover'nment. I am saitls
.. fled, however, we will 'bc able to meet
r. all domwands~ witm the same levy as for
,the past year, with the exception,
in however, of the two months additional.
I 11ad the funds of last year been left
. alifcable to the ordinary expenses,
- the levy for the next year would nct
-hav~e oxcoedod 3 mills. Thme total taxam
1bo prIopor1ty of the State for the past
fiscal year Is $l1i9,448,9i41. This w i be
greatly increaused another' year by the
Slarge numbhor' of manufactories now in
process of erection, and it is to be hop
0(1 by a more uniform system of assess
m nont, necessary to be devised by your
hlonoraihie biody as required by the con
stitution. Y'our present levy will be
upon the assessment of 1894-5 for State
purpiosos, but this is not true an to
county andh schools. The funds arising
from taxes of 1894-5 for county and
school p)urposus were explended on eon
tracts made against them before they
were even collected. This condition
is unfortunmate for the creditors of the
. counties who are school teachers and
,contrac~tors, who are compelled to dis
count, their claims at exorbitant rates.
To meet the diflicultics ari ising from
3such a condlition, I would respectfully
suggost that all contracts duim or to be
om th uo, aftor ex pending the revenues
ofteyear 189)1-5 from any lawful
-cause prior to .January 1, 189, for
tcounty or school p)urposes5 be declared
past inmlobtednoss and~ the county au
thor'ities he allowed to issue bonds to
fliqidalmte tihe samol~. The bonds could
be mado(1 payablO, say in 10 years, with
proison for tho retiremoent of a given
nmberl1ii ea.ch year. The counties of
the State would tlihus be placed upon a
cash hasis anmd teachers relieved of
~great hardship. Much complaint has
been rm ade by the comiptroller general
-agatiinst~ tihe pre'se~nt system of assessing
the p ?oporty of cor porations other than
railr'oad. I think the complaint well
fouIindd ;as justice and equity demand
uniformity inm this particular. We
have in one county the stock of a bank
that pays 10 1por cent. dividend assessed
at 75 cents on the dollar. In an adjoin
ing county a bank that pays 8 per cent.
dlividend assessed at 108 on the dollar.
rI would respectiully suggest to your
a honorable body that the State board of
railroad assessors be given jurisdiction
e ver' all makingr and manufacturing
r comupanies ini this respect. We would
.then have one centraL authority with
no local infnuences that could be
. , h ough t to boar upon it. The.- same
dhfighlty exists as to th6 mnethod of
Stiaxing insurance companies. I would
. resp~ectfully recommend that in ).iu of
hthe pre scnt system of taxing not pre
m iiums received 14~ the various coun
e ties, which is almost impossible to got
at, a fixed per cent. of such grost pro
~0 (CONTINUED ON FrOURITH PAGE.)