The Laurens advertiser. (Laurens, S.C.) 1885-1973, December 01, 1891, Supplement, Image 5
Laurens Advertiser.
Laurens, S. O.
SUPPLEMENT.
COMPREHENSIVE REVIEW.
^COMMENDATION!? FOR THE OON8IDKR- |
ATION OF THE LEGISLATURE.
f?'Hsii^<' or ?ovcrnor It. K. Tillinn.it.
an l*i< H( iU? (l to Hn- ?;< ?i? i ll As
i. nil.i.v. November 31, 1891.
ientlemcn of the General Atucmbly:
Another year has como and pone, bringing
ho period Tor tho representatives of tho peo
ple to meet and porform tholr IuiicIIoiih i?s a
jart of tho government; and, nt? required by
tho Constitution, HO? a duty Imposed upon
Iho Execull vo to "givo to tho Oonernl Asscm
bly information of the condition of the Hinte,
und recommend tor tholr consideration such
measures uh ho shall Judgo necessary or
expedient."
Tho roporU of tho ?ovcral heads* of depart
ments and Executive Hoards will furnlsli lull
Information and details concerning nil Hinte
Institution?; and tliu several departments of
the state government, hut 1 will briefly
condonsosuch Information as I deem most
Important, und which " III old your lionor
ablo body to graB? I ho general sltuntlon Inj
the stale and condition or its Institutions.
1'liinucen.
The reports of tho Blnto Treasurer and
Comptroller General aro vory full and com
prehensive, and an examination of them
will give a clear understanding or tbe Htnle's
finances. Tho condition or the Treasury Is
bolter than It was Inst yenr, but Is far from
bolng satisfactory.
I desire to compliment Treasurer Halos for
the clear and comprehensive manner In
which ho has set forth tho condition of our
flnanoes. It M so plain that tho dullest can
comprehend it a criticism which docs not
apply to Homo of his predecessor's roports.
twill only glvo a brief summary, so that
you oan gather tho general slluntlon.
RECEIPTS ANI? KXl'KNOlTlTItKS.
Cash on hand October 31, 1800.8 77.91.1 03 I
\ Receipts, all source*. 1,073.762 I?; |
Total.81,151,00? 01
Expenditures.91.089.081 801
[Balance Ootober 31,1891. 61,016 021
Total.41,161,090 91
Tho following Is n comparative statement j
between 1800 and iwi as to cush on hand :
1880.
SCash balance October 31, 1890..8 77,913 911
^Outstanding warrunts. 11,802 82
Net cash bnlaneo.8 30,111 II
?lorrowed money. 60.500 00
Overdrawn on banks. 22,800 00
Due by Stnto October 31. 1890...8 73,800 00
p .ess cash. 80,111 11
Leaving net debt, Octobor 31,
1890.,.$ 87,168 891
1801.
Cash on hand October 31. 1891.S Ct.uir, 02
Less outstanding warrants. 14,260 8:5
Net balance.8 50.301 19
Add balance puld for 1890... 37,168 89
DUToronco In favor or ISM.8 87,623 OS
Here is a comparative statement of liubll
? Utcs or flonltng Indebtedness, wbtch may be|
'called for any tlmo:
1800.
DEBTOR.
sb nabllltlcB, Octobor31,1890.S 489.197 88
Not debtor.8 111,268 40
CREDITOR.
! Assel-, October 31,1S90:
\ Cash hi Treasury. 77,911 23
Itemized us follows:
NOVEMBER 1, 1S90.
Assets in cash, October 31, 1890:
Cash bnlance, (ictobcr 31, 1890.8 77,913 91
As follows:
Oonernl account.8 3.0-13 do
Department. Agriculture.... 88,822 27
Blnklng Fund Commls
V slon.39.337-10
Redemption deilclencles.... 1,041 20
Total.A..:.:?....- ? *r.^^r^VWIiL
Current llublntlos, In cash, Oeto- ,-rT^"?
bcr 81, 1890: '
interest duo and not called for. 177.87S 81
Xoen (Interest to bo Included,
8500). 50 000 00
Department Agriculture, du? on '
department warrants (wince
'?N ^'Tr'"-"-:.'. ?.?J7 ?r
IX'partinonc-^V.'rtniure, applied
to Clem-on College. 16,000 00
.Sinking Fund Commission. 39.817-10
Interest on bonds not yot funded... 91,390 00
Unpaid balance of appropriations.. 10(l,fi08 07
8 189,197 83
Cash liabilities November 1.1891.8 -128,212 83
Cash assets November 1,1891. 01,015 02
Net cash Indebtedness.8 803,017 81
As shown In following :
ABSTRACT CASK ASSRTfl ANl> LIABILITIES,
NOVKMHKIt 1, 1801.
Assets In cash October 81, 1891: .
Cash balance October 31,1891...8 01,015 0-2
Ar follows:
General account. 22,871! -19
Department of Agriculture. 1,111 62
Privilege fertilizer tax. 187 50
Hlnklng Fund Commission. 8I,(I1U It
Redemption deficiencies (sales
Hlues). 098 07
Clemson bequest, cash. 5,217 78
lOxchcatcd property, cash. 2,(MI1 <H
Downer Fund, cash. 517 78
Total.8 01.015 02
CURRENT CASH LIABILITIES OOTOBER 31,
1891.
Interest duo and not called for.8 178,00t". 01
interest on bonds not yet funded,
after funding. 92,891 41
Hlnklng Fund Commission. :il,0l() 11
Hpeclnl accounts resorved. 0,312 12
fn pa Id balances of appropriations 110,000 00
8 128,232 83
The following Is an abstract of liabilities
other than cash, 1st November, 1891. (Ilond
riebt:)
Total liabilities 1st November, 1890:
cish :iai.inti.s.$ 480,107:?
Liabilities other than
cash. 0,433.517 72
80.022,716 Of.
Cash assets 1st Novem
ber, 1800.i. 77,913 03
Net Indebtedness 1st
November, 1S00. 80,814,771 12
Total liabilities 1st November, 18011
Cash liabilities.$ 428,232 84
Liabilities other than
cash. 0,400,000 00
-86,834,838 83
Cash assets 1st Novem
ber, 1801. 04,015 02
Net Indebtedness 1st
Ni.veinl.ei 1891. 80,770,223 81
During tho year tho
Hlnklng Fund Com*
mission lins pur
chased and retired
Brown Consols
amounting).$ 29,011 72
AltHTHACT X.J? I.IAHII.ITIK8 OT1IF.K THAN
CASH, NOVKMIIKU iHT, 1891.
Drown Consols.85.303,070 70
nine 4 1-2 per cents. 400,000 00
Drown 4 por cents, li>00 20,300 70
Agricultural Collego
Borlp. 101.800 00
Deficiency Htock out
standing. 717 72
Dondsand Htock anil
fundable In Brown
Consols, less inva
lidity, .v.-. 391.014 88
- 86,400,006 00
Tho following extract from tho Treasurer's
Hoportcalls attention to matters which nr0
of greet Importance, and I cannot belter pre.
"ent them than In the language of Hint officer
"I beg leave to call your attention, and that
of the Legislature especially, to Um I net that
ttie Hinte owee a large Hunting dobl. estimated
at fWI.WO.W of past due Interest alono, be
side* unpaid appropriations as set forth above,
and to the further fact thai tlio so-called
?Treasury ltescrve Fund' Is practically i myth
representing for the most part debt* and not
credit? of the Htoto. The Sinking Fuud por
tion of what constituted the original 'Treas
ury Reserve Fund,' amounting to 910,917.18
when the Act wan passed In 18SK, has Mueo
been expended, as 1 understand, under lawn
governing the Sinking Fund, In payment or
warrants drawn against It by ttie Hoard of
Commissioners of ttie Sinking Fund. Tiro di
rect tux fund ponton under Act of IHM,
aniouutlngoriginally lofJU.'^vl.:}'.), (theamount
received from Congress,) lias been reduced to
?]s,i;..: 77 in puyiucnte upou the warrants of
thu Governor to parllos to whom It 'belonged
under the- taw.
??'fin- Interest on the unfunded bonds has
been reduced gradually, us the funding In
llrown Consols progressed, to i, uh es
timated. Hut U should be borne in mind that
theso uro In a noiiko debts the Htnlu owes, and
do not constitute a fund practlcully held In
reserve In tho State Treasury.
'?The only avallublu wuy to create a resofvo
fund Is to raleo actual money by Uixullon or
bylliesuloof State soourltles and tlien bold
It lu reservo for '.he special purposes ior which
It was created. A reserve lund Is really uecd
cd to meet the really largo lloatlmc debt of the
Stale, composed principally of past duo. but
uncalled lor, Interest, and Interest ou unfund
ed bonds, estimated to be "-.'I ,>'?"."?', besides
unpaid appropriations. 11 would perhaps bet
ter satisfy the people of the State if Ilia legis
lature would have this reserve fund Investi
gated by a competent Committee."
The "myth" or mystery ol this "Treasury
Reserve Fund" lias long puzzled many be
sides the state Treasurer.
The Act ol December 2*2, 1886, creating (he
Trettnuiy Hcscrvo Fund, sei apart tstTz.izi..?,
and required "That said fund snail be held by
the Treasurer of the Slate of South Carolina,
to bo used In payment of alt Interest due up
on the bonded dcbiol the Hinte and appropri
ations made by iho Ueneral Assembly: Pro
vMetl, There bo no other funds in thu Treas
ury applicable thereto. And when laxes arc
collected and paid Into the Slalo Treusuiy,
thu Treasurer shall at once, from suld collec
tions,, replace tin' amount of said Reserve
Fund which has been used. * * * Haid
lund to be used and replaced as hcrelnbeforu
ciructed In each succeeding Usual year."
Now, these figures ulther represented cash
or i hey did uot; and II the money was thero,
has been since spent In excess of thu receipts
from luxation. It should appear. If the money
can ho honestly accounted lor. It will he a
i-ource of satisfaction to know It. Therefore 1
cordially Join in the recommendation that
steps he taken In thoroughly Investigate tin
whole matter. It Is idle to continue to Keep
this ' mythical" lund on thu books of the
Treasury, and the Act cicatlng it should be
repealed.
As will bo seen by tho Comptroller Gener
al's Ilcporl, there Is an Increase on iho assess
ed value of property this j ear over last of SI7,
000(318, and that oltlcer deserves commenda
tion lor the zealous and iinlllt.chlng manner
lu which t<o has endeavored to ferret out Uix
dodgers and make them sharu the burdens ol
supporitug iho government. The law pro
vides thai properly shall be assessed at Its
"real market value." Ami, while this Is dllll
cult of accomplishment, the Comptroller and
his subordinates ate none the less bound by
lliclr oaths to carry II out, as far as practica
ble. Itcannot be done in one > oar,' or lu live
and there is neither sense nur law for the
claim that it must be done "all in one year"
oi-not at ni i. Ills like riciiiirlng a child to
walk before it crawls, or remain lorcver in the
cradle. There is, and always will be, great In
equality in taxation. Much property will al
ways escape entirely ; but when it can be
shown that any ono species of property Is
placed on the tax books at Its "selling vtltUO,"
wo havogpnc a long way towards bringing it
all up to that standard. We huvo begun on
the railroads and banks. Justlco demands
that we go through ihe whole list, and 1 Join
thu Comptroller in asking that provision be
matte lor a reassessment of land next year.
In t his ennneei inn I would urgu the necessity
for a change In the County governments and
the mode ol" assessing property.
County Government*.
Theofflco of County Commissioner should
bo abolished, and In plaeu ol Ha government
by townships substituted. Three intelligent
men in each township, elected by ihn voters
thereof. should-bc,?-^".sitd-^m~iho niirrT.
ugtui^eii-trrn'tho roads and bridges, schools,
and the assessment of property In the same.
Tho Chairmen of these local Hoards should
constitute a County Hoard to manage the
County lluaiiees, audit accounts and order ex
penditures. Ttie salaries. If any, paid these
Township Commissioners, or Selectmen, can
bo determined by Hie voters or llxcd by law.
The Constitution can be changed to abolish
Ihootllco of County Hehool Commissioner,
and theso char ges will Inevitably result in a
great saving to each County, while there will
I be n corresponding Increase In ellloleney.
Properly will be assessed at Its real value, and
millions now hidden will be made to pay lt^
share of taxes. This County Hoard should al
so constitute the County Hoard of Equaliza
tion, Instead of being appointed as at present
by the Auditor.
I it this eon iii-ei ion I suggest the propriety
of requiring all notes, Ac., to be stamped by
tho County Auditor and placed on tax boohs
to make them collectible by law. .Make the
uolo shaver or lender pay taxes as well as the.
laud owner whose property stands In ills
name while ho perhaps owes as much as It Is
worth. Equity would require that a man de
duet his debts from Ills property and pay tax
on iho remainder. This is impracticable, but
It Is better that properly shall he trebly tax
ed, both debtor and creditor paying, than that
ttie debtor must pay double, as he Is obliged
to do ami lite creditor pay nothing, as Is too
often done.
Ilefmil ters.
The Investigations by different officers dur
ing the year naVO brought to light the tact
that the "incipient rottenness" charged last
year as existing In tho novel nment was not a
myth, A shortage ol 15,528 was discovered in
t 'a-'oin1 e ?frMwroflfffti ' n S|v, ,y r,'v
erah a llko deficit of ?08'j in n?MIBLl?w*0' f
clerk of the Penitentiary,andtheCouuVv'IW.'iM"
Uenoral has found shortages still unsettled In
the Treasurers' offices of Charleston, Sutmer
and Union, aggregating ?!>,<I0S. That officer
says In Ills Hi port that there had been a good
deal of money made good of which no men
tion Is made, and that In nearly every County
Irregularities and errors existed, the amounts
aggregating npwurds of S3),0OO, which ho col
lected and turned Into tho Treasury. These
are the Iruits of an examination ol the books
for one year only. W hat would lie unearthed
If the In vcsllgations were carried back sever
al years, Is lelt to conjecture.
Tlio Asylum.
At your last session a special Committee
was appointed to investigate the ull'nlrs of
this Institution. Tills Committee began its
labors In April, and, after taking voluntary
testimony from some of iho employees of the
Institution, adjourned without completing Its
work. They found, as I afterwards learned,
that ono of the Inmates had been allowed to
retain a pistol in his pot-session, ami other re
prehensible Irregularities. Shortly after
wards this same pullcnt made a murderous
assault on one of the attendants, and the mat
ter being called to my attention I Immediate
ly summoned ths Committee to come back
and conclude Its labors. Two of tho mem
bers, Dr. Htralt, Henutor from Lancaster, and
Dr. Goodwin, member of tho House from
(ireenvllle, responded ; ami as I am, under
tho Constitution, charged with tho appoint
ment of nil officers and employees of the In
stltntlon, I went with the Committee and we
made a thorough and searching investigation
Into Its management. A stenographer was
employed, who took down all Important tes
timony, a part of which will be printed for
your Information to accompany tho report of
tho Commlttoc. Wo found that there had
boon very lax discipline and negligence, attri
butable to the Superintendent, Dr. P, K. Grif
fin ; and nfterglvlng that tontlemaii an op
portunity to dlsprovo tho charges made
against him, which ho refused to aecepl, he
was removed and the Institution placed tem
porarily In charge of Dr. Thompson. The
correspondence In Hut ease Is on file In (he
F.xeeutlvo office for tho Inspection of any
member of the General Assembly who de
sires to rend It. My Insight Into tho condi
tion mill workings of tlio Institution and
knowledge of us wants was largely Increased
by this personal Investigation, and I can reit
erate, with conlldenee, tho opinions and ad
vice given In iny Inaugural r.ildrcMS as to
changes lu Its manngement.
The present Superintendent. Dr. iT, W. Hab
cock. an accomplished ami thoroughly edu
cated specialist, who was appointed In July
last, ami assumed control on August 16, has
made some suggest Ions In which 1 heartily
occur, In reference to tho admission of pa
tients and to other matters connected with
tho Institution.
A Joint Resolution was passed last Decem
ber, authorizing tho appointment by the Kx
leentlvo of n special Committee of three phy
slelnnsund t wo citizens who should examine
tho patients In tho Asylum and rcpnrl as to
tho number ol Imbeciles ami harmless luna
tics who could bo more economically support
ed al tlio County Poor Houses. 1 have never
appointed this Committee, because I felt that
It was nn unnecessary exponse, find because
of Iho fact I lint tho laws governing tho ad
mission of patients to tho Institution would
In all probability rostilt In the speedy return
of such Inmnies to the Asylum. Hut at my
request tho thrco physicians of tho Institu
tion have made nn examination Into Hie con
dition of each ralteut, with a view to obtain.-!
log this very informal Ion. Dr. Hancock's rflj
port Is given horo ; ami It will bo seen thai ir
these Inmates coming under this description
are retnrncd to the Counties . whenco they
came, tho expenditures for maintenance of
Hi" Asylum will bo largely decreased and its
present strained accommodations relieved.
Dr. Hnbcock advises that tho power ho given
tho Superintendent and the Hottrd of Physl
elans to examlno patients applying for ad
mission when sent to tlio Institution under
tho existing laws, and that their rejection bo
allowed, It lliero Is nut conclusive ovldonce
that they are proper persons to ho admitted.
That thero aro abuses undor tho present lax
met inn's, and that tho charily of tho State Is
abused under tho present system, Is beyond
a doubt, but his suggestions will Bt*curo a >???
from that will relievo tho Stalo of an unno
ceasnry burden.
<>. i ice <>k Hitpkkintrndbkt
Booth Cakolina Lunatic Ahylch,
Colombia, h. 0., Nov. 21, iroi.
To thi) Btccllencu Ii. lt. 'Mmun, Governor of
Houth (MroHna t
Hiu: i find that there aro now In the Asy
lum twenty-one white male patient*) and
twenty-seven colored male patients of the
huimlcsa eines who may be cared for by
friends, or In County Poor Houses. In tbo
abuouee of Dr. Thompson, I cuuuot give you
an accurate list of the female patient*. lam
sure, however, that the total number may be
roduced considerably below seven huudred,
say six hundred and soventy-nve.
HoHpectfullv,
JAMK8 W. BAUCOCK, Hupt.
There are now 738 Inmates In Asylum.
Attention Is called to tho fact that County
ComroUal?ners in several iiiHtances havo re
fused or ncKlecled to obey Heel Ion 1090 of the
Uenerul .Statutes, requiring Imbeciles to be|
removed from the Institution when notlllcd
by the Huperlnteudeut. An lnstunco of Date
rant disobedience to the law occurred In Octo
ber last In Charleston County, notwl thstand
Iuk thero wne a special Act passed In 1X84
looking to tho punishment of the Commis
sioners of that omni v (see Hcctlon 5, pugo
8J8. Acts 1881.) If thoy fall to obey Heotlon 1505.
Having elsowhere called nttentlon to Hie fu
tility of the hopo of convicting County old
cluls undo' certain conditions, this fact 1?
mentioned to show the necessity of granting
to tho Kxeoutlvo tho power of suspension or
removal for certain oltunscs when tho law Is
thus flagrantly violated. Ar tho question of
the support or paupers Is thus broached, 1 In
corporate here certain facta In reference to
tho Poor llout-es of several Counties which I
obtained through their respective Audi lorn.
a 6 a
8 ?|?
i c9 --? c?
S
COUNTIES. ?'u2a
I lie!
< <
1? BM AUKS.
Ahbevlile.81,778 Uli
Alkon. 1,523 44
Anderson. 2,000 00'
Haruwell.? 000 00
Beaufort. i.oio si
Berkeley. ... 6,51(> 21 Kxpended for poor.
Charleston. -IK) 00 Kxpended for poor.
Chester. 17 1,500 00
Chcslcrllcld 5 460 00
Clarendon. 50?) 001
Colleton. 460 00 Expended for poor.
Darlington. 1,800 00 Kxpended for poor.
Kdgcflcld. 20 1,860 00
Fatrilcid.16 8,381 88
Florence.
Georgetown ... 1,600 (hi Had P. H. to July, 111.
Ureenvlllu... 82 2,500 do
Hampton. 50)00
I lorry. 1,850 00
Kersbaw. 1.750 00
Lancaster. 2,255 00
I.aureus. 250 (Kl
Loxluglou...... ooooi)
Marion ... . 9,600 00
Marlboro. 7 1,000 00
Newberry ... 11 1,000 00
Oeoueo. 12 isi 88
Orange burg ... 1,275 00
PtcKcns.1.Tax loxy Umlll.
Hlchinnd. 22 4,000 On
Sparenburg .. 8.000 00
suinter. 6 1,880 oo
Union. 2,000 U) Nearly.
wlll'nibb'rg ... 77i oo
York. 501 no
It wtl I be seen that the Counties or Charles- |
toil, CollotOI), Hampton, Wllllumsliiirg, Flor
ence, and Berkley, have no Poor House ul all.
notwithstnndlilg tr-sel ton 878, whlcll Is mundu
tory, requires the County olllclals to provide!
one. This arcounts for the large n it m her of]
ouilenls (making it virtually a Poor House
for thai County) Irom Charleston who are
dumped on tho Asylum, and emphasizes the
argument advanced in my Inaugural requir
ing each Cnunly to support Its own mm.id--.
In thai institution, The County of Kleliland
follows the Same method to some extent, al-1
though It llHS an Alms House in the city of|
Columbia, costing ?1,000 annually for support.
There Ik no tillable laud belonging to 11,us re
quired by .Section S78, Revised Statutes.
Itlchiurid, with n popultilloruMf 80,8)0, has ?n|
Inmates In Hie Asylum, being second on tin
list. Charleston lias 11?, while ils population
B**>i)^T:'''ftPftftnnburg.|iaa 12, with n popula
tion of 66,181 riirtli While this County spends
?SI.000 on paupers at home, Charleston spends
8110. Comment Is unnecessary.
Before dismissing this mutter I would call
attention In the unreasonably and Unaccount
able dlttcernccs In the; amount of cohI for
Poor Houses in the different Counties.
The PcnUoiillury.
The Deport Of the Board of Directors and I
Superintenden show this Institution (o be In
?i healthy condition. The number of coll*
vlcis <his year Is 701, as compared with 791
last year. Attention lias been paid to the
sanitary condition and tho proper dieting ol I
the prisoners, the good results of which are
shown In the decrease In the death rate,
which facts are very gratifying,
ThO financial condition Is as follows:
Kxililiir A.? A Statement of Cash RccolV-|
ed and Disbursed ntSouth Carolina Iroultcu
tlery During the Period Beginning January
3rd) lsyi.nnd Kliding October .ilsl, 1891.
To amount received from T. J, Lips*
scomb. former Huperlntciuleiil, as
I balanceon hahd .lanuury 1, 1891.S 4,517 01
j To amount received for convict hire.. 25,022 II
To amount received for sales Cotton
urn! other term products. 21,510 70
To amount received for Sundries at
prison, brick. Ac. . 1,910 87
l'o amount received lor Sundry Stop
pages, Fines, .te. 801 80
Toamouul received lor sale of Hos
iery.V ill Machinery. 3,000 00 |
To amount received for Transporta
tion new Convicts, Novombor und
December, 1890. 826 881
To amount received for Transporta
tion noW Convicts, Id .lanuury loll
kHprtot>r, ?JlWJc..?HW^-iHttV". W j
'l'o amount received for visitors'Y35ftT*"'wJk
801,035 87
crrditor.
Hy amounts paid .per Itemized state
ments .
Debts ol Former Administration.S 4,005 33 |
I'av Holls?Prison, Farms, and other
camps. 14,722 11
! subsistence. 18,289 17
fnchlenlnls?Wood, Coal. Ac., Arc. 4,690 63 1
shoes. 1,4?S 88
Clothing. 642 68
Hospital Supplies. 496 3S
Hoard of Directors. l.lso 19
Transportation new Convicts. 2,681 90 |
1'ianporliition Discharged Convicts... 777 17
Materials for Now Hospital Building 285 231
Material und .Supplies for Water
Wheel We'll. 607 401
Ammunition and Supplies used on
Canal. 1.01S 19
I Payment on De.Haussuro Farm. 2,990 00
I Clemson College, pay rolls and ex
penses. 2,978 71 I
Balance, Cash on hand. 8,430 051
881,088 87
8sets !?COBll on hand.8 8,480 05
Amount due by sun
dry contractors for
convict hire. 6,100 00
Estimated for Cot
ton unsold. l'i.OOO CO
828,780.05
This result, which not sal isfactory, Is In no
wlso utlrihutuble to Hie prcsont manage
ment, which lias accomplished all that was
possible considering the adverse conditions
under which Ihe Institution has Inborcd Ihe
whole year. When the present, manago?
mcnl asssumcd control it found contracts e\
Isllng with Ihe Conn I Trustees und Ihe own
ers of the farms worked on shares,which
I they were obliged to fulfill. Experience soon
showed Hint ihe compensation allowed for
Ihe work on Iho canal was barely enough lo
pay for the maintenance and guarding of the
prisoners in it, nod nit bough a mtie nd\ unco
In the rules was obtained ihe work tins yield
j ed very little or no profit.
The farming operations, owing to extreme
ly unfavorable seasons and the low price ol
I cotton, have also It-It a very small margin.
The canal Is completed, and >t Is safo to i-ny
that It has cost I :>o State of Soul h Carolina
not less than $10Q,00D. This amount she lia
prcsented to the City of Columbia In lieiiol
5(>ti horse-power developed at tho Penllontl*
Inryj but WO will hope thai the Increase in
properly values, which are expected to rcsull
Irom the development of the water power,
will In lime reimburse Iho Slate. There Is
[ (inn contract for a yenr still to be fulfilled, the
work being on shares, but tho Directors have
decided that In future they will only farm
out the convlots for a not sum per capita lo
contractors, and they will bend all their en
ergies In farming to Ihn dovelopment ol the
Slate farm In Hiimter Coiinly, known ns tlio
Dcsuiissuro Place.
lMiospliutc Commission.
In accordance with n provision of the Act
I creating the same, tho Phosphate Commis
sion, of which the Kxeoutlvo Is ex-offlolo a
member, was orgnnized In January laid,and
j we made an extended and thorough luvesfl
gu turn .114. Iho phosphato Industry. The
(i.nirt <M capital invested In Mils business
?A'ery large, and no conception of the I11
nully displayed in ndanltng means to ends
and In overcoming dlllleiililes (at first glance
seemingly Insurmountable) can bo obtained
without a personal Inspection of I he wot k.
It would bo lime and money WOllapent If Ihe
Uoneral Assemby rnuld make a tour of the
river phosphate works nnd Judge for Ihem
? el m of the vnsl.ncss and value ol the depos
its, such n visit would afford more Informa
tion In n day than could be derived In any
other possible way In any length of lime,
nnd It would bo of lasting benefit lo the Hinte,
for the Information obtained would bit thus
dlsscmlnnted over tho Htale, and t he people
at huge come to nndeisiand, nt least In a de
gree, What a valuable horltupe wo have In
ihcsobcds, There tins ncvor noon any sysle
, mntic or scnsliilo control of the Industry, and
already Irreparable dainago hns been done In
permitting the inlucrs lo roam at will ami
pick a"".mi. mimn:: for the rIcli pockets and
beds most easily accessible lu thinking over
the conditions surrounding the Industry and
proper course to be pursued In its manage
I ment, I have always doomed it esseullal that
there should bo a survey of the phosphate
territory, but a personal Investigation show
led that such a survey, to bo of any value,
would require a large outlay and much lime.
Therefore it was deemed best by the Com mis
sion not to undertake It with the moans
placed at our disposal, vir... 810,000. This
amount would hardly have been sufficient to
give us a dredge adapted to test even the
shallow streams with less than twenty feet
of water, aud when It Is remembered that
i i.i Hi the estuaries emptying Into St. Hel
ena Second and Port Hoya I Harbor are very
deep, and that much of tho roek mined has
beou rulsed out of wuter over forty feet In
deptti with an overburden of sund of from
six to twelve feet thickness, tho obstacles lu
the way of a survey can bo readily seen. Wo
found that In order for tho Inspector to exer
cise any Intelligent supervision of tlio min
ing, and to cnuhlo him to see that tho royal
ty was honestly paid, It was absolutely neces
sary to provide somo moans of water trans
portation ; thorcloro wo used part of the
money, 82,313.30, In purchasing a small steam
launch for his use. The balance of the appro
priation Is still In tho Treasury, billowing to
nn omission In the appropriation Hill the
Commission was forced to borrow enough
money to pay Iho salary of Inspector Jones
and other expenses. This money wns kludl>
loaned us by Iho Carollnn National Hank of
Columbia without interest, and provision
will have lo bo made for Its payment. The
uniount Is S2.blll.it.
On the 1st ol March in accordance with tho
Instructions of the Act creating tho Commis
sion, wo took possession of Coosaw Hlvcr and
Issued license to mine therein to three com
panies. Two of these entered the river, but
were enjoined In the United Slates Court by
Judge Simonton. He took advantage of the
fact that the Phosphate Commissioners were
treated as individuals rather than ns Stale
officers, although he knew they were State
officers, to grant the Injunction.
As tho public prints have given full ac
counts of all subsequent litigation and the
present status of the Coosaw ease, I shall not
mention It further than to say that while
thero Is u decrease In the revenue conse
quent upon the stoppnge of the Coosaw Com
pany ol $53,080.60. we reel that the Stnto Is to
be congratulated, upon the present status, us
there Is every reason to expect that the IJli
lted Slates Supreme Court will sustain the
view already expressed In the decision of
Chief Justice Fuller and tlio suit bs termi
nated early next, year.
The price of phosphate rock continues high
und us soon ns work can DO resumed In Coo
saw River there will be an Increase In the In
come of the Stale from royalty more than suf
ficient to recoup us for tho little loss we have
sustained in maintaining tho right of the
State to control her own properly. IT would bo
wise, In my opinion, to give tlio Commission
tho power to Impose a graduated royalty to
correspond willi the prices of roek, ami also
to permit It to IIx the royalty on rock In
streams other titan Coosaw at a less rate than
lor that river. Some of tlio rock Is of low
grade, and some ol t he deposits are very hard .
making mining difficult. Therefore, a fixed
royalty for every locality precludes profi
table mining in many streams If concessions
are mtl made to the miners. it would also
bo better when Coosaw River is opened to ap
portion that territory among tho different
persons applying for a license and require
them lo mine over the wholo allotted terri
tory. We have found, by tho report of In
spector Jones, i hat under the management of
the Bureau ol Agriculture, Commissioner
Hut lcr and M r. Roche, the different compa
nies, notably the Coosaw, have been paying
less royally than the law requires, by reason
of not making dUO allowance for the mois
ture expelled In drying the rock. How much
Of this. If any, can be recovered will havo to
bo determined by the Courts If Iho Attorney
General shall deem it wise to enter suit . The
loss to the State thus discovered has amount
ed lo 1182,851.01 slme mining operation' were
begun, and 880,370.011 since the CStabllsl ment
of the Agricultural Department In Ihs). The
dlfioroncc. 0.48 per cent., between the amount
of moisture actually expelled and thai which
the companies have allowed, amounts for
llscal year to more than SI 1,000, and us the
present officials cannot he held responsible
tor any quasi agreements or neglect on the
part of their predecessors, payment of Ibis
sum will he demanded, and, II necessary, en
forced In t ho Courts, wh lie wo will in future
require payment on the basis of SI ,10 per ton
for dried rock.
Helore leaving this subject I desire to men
tion the Importance ot some steps being
taken to prevent tho I'tititiiitit now resulting
to tho Slate's Interests In the Ashley, Stolio
and l-Mlsto Rivets by the dumping of lllO de
bits or tailings Into those streams from Hie
works of the hind miners. Some time ago 1
addressed a communication to Cupt. F.V.
Abbot, ti.s. Engineers, at Charleston, ask
ing for In formation as lo the lllllng up of
these streams by reason of this debris being
emptied tliereit . lie replied that he had re
ported to the authorities at Washington In re
gard lo Ashley Iver, but knew nothing of
obstruction lo tue other streams mentioned,
and Informed nie that Congress, last Decem
ber, hud pissed an Act prohibiting tho dump
ing of such material Into navigable streams,
The State's Interest Is to prevent her phos
phate beds Iroin being burled so thai they
cannot he' piolilahly milled, and United
States seeks lo preserve the navigability of
rivers. Hut for tear the Hulled States author
ities may not press the matter I call It to
your attention.
Riluentlonnl.
The Report of the State Superintendent of
Education makes a full exposition of the con
dition of tlio educational Institutions of i.ho
state. Cur tree schools are not In a satisfac
tory condition, and never will be until the
present unwieldy, Irregularly shaped districts
are BUbdlvlded. and small, compact ones .sub
stituted, in which shall lie permanently loca
ted one school house for each race. This is
the basis upon which local taxation supple
menting the two-mill tax can erect a school
ays torn that win accomplish the ends desired,
ami until it is done little or no progress will
be made except in the towns and thickly pop
ulated sections of the country. I would urge
you not to adjourn again till y< u lake up this
'i^T?TieTi^Ti.i^Trro^r.' ilui-kiv,^_
The State is making a larTTmiTTr^TtrW^f.r f&W
higher education than some of iier sister
States, Itul the common free schools alone are
accessible to nine out of ten children within
her borders. They should receive the foster
ing car3Of the General Assembly,and f know
of nothing which would give Hie cause of ed
ucation such an Impetus.
Tlio Sou ?Ii Curoliiio, Collcve.
This Institution, which has been in exist
ence for nearly a century, and Which holds n
very wann place In the heart of every Intelli
gent Carolinian, has hcoo reorganized under
Hie Act of last December. As was expected,
(he Change from a university and other causes
have lor the lime being caused a deeiease In
the number of students, only ninety-six hav
ing (bus far matriculated tor this session : but
the College has an able and loyal corps of Pro
fessors, thoroughly imbued with the purpose
to make it a Hist cla s literary Institution,
Iis standard has been raised, anil we have ev
ery reason to hope that lu a very brief while
it will assume ami occupy Its right fill place at
the head ol such institutions In IhlsState, I
cannot refrain from expressing regret that so
much money has been wasted lu the past
three years for the salaries of Proiessors and
tutors who had no pupils, to the neglect ol
the buildings and library. There Is dilapida
tion every where about the Institution and a
w<tful lack of modern hooks In the library.
It Is lo bo hoped the General Assembly will
act liberally, sons lo put the buildings In re
pair and supply the more pressing needs of
the library. In this connection 1 would direct
your attention to Hie feasibility and desirabil
ity ol lighting all the State Institutions in tlio
city, the State House, the Asylum, the South
Carolina College, the Exeoutlve Mansion and
the Penitentiary, from one plant, located
either on Iho canal or at the Asylum. There
Is already locatod at the Asylum an electric
light plain Which Is run every night in Iho
yean Ilscosl per annum Is 12.200, without al
lowing lor wear and tear. Tlio cost of the
Muhls at the State House this year has been
upwards of 81,200, the gas bin ai t ho Exoeutlvo
Mansion Is over 81(10, while, t he Penlten t lin y
and College have no ligl ts whatever. II Is en
tirely practicable by a small outlay to In
crease t b.- p) ill at the Asylum so as to fur
nish lights for nil these Institutions nl an an
nual cost not exceeding the present expenses.
I have In my possession estimates which I
can submit to the CommIIIeo ot Ways and
Means showing Iho practicability of the Stale
furnishing Its own lights and saving money
thereby.
I have during the year visited the Citadel
Academy, Cluflin College and the Cedar
springs institute, ah or these Institutions
are in good condlt Ion, and, so fares I could
see, admirably conducted.
Tho Citadel has recontly had the burnt wing
rebuilt, and lias been put In thorough repair
throughout, nud has laid the foundation of a
handsome and usetul library.
The Cedar Springs Institute Is a credit to (he
Stale, it has such an almospnere ol love and
kindness about It that it does one good to see
it. its management reflects great oredll on
the Hoard of Commissioners ami the zealous
Superintendent. I think thoUenornl Assom
bly can confidently giant all the money ask
ed by these gentlemen with the assurance
thai It will lie used Judiciously. If the new
electric plant Is purchased for Iho public
buildings In Columbia the present one In use
al Iho Asylum would ho ample for the Cedar
Springs Institute.
< l( in .on Colic.e.
As a Trustee under iho will of the late Mr.
Clemson? I naturally feel n deep interest in
tills :' Kiltutlon, and It must be gratifying to
the fi '.onds of agricultural and Industrial ed
ucation to know thai, although the buildings
are not near completed, tho roll of applicants
for admission to tho school already n um bei g
std.
There had been spent up to tho end of
lite ll-oul year. October .!l, IMKI, In Hie election
of hiil'dlngs 117,08085 ami during the fiscal
year eliding Oetoh-r 81, 1891, 81(XI, 127.2?, milk
ing a total ol 8l2>t,2l:t (11. iic to Iho large
number ol application- u hieb | ??Tired 111 last
Spring, and which have com In lied up to dale,
the Tinste s felt that It vns obligatory up< n
them to enlarge the plant su as to nltord the
necessary accommodation*; and this has nec
essarily Increased the cost ut-ovo previous es
timates. Alter a careful and thorough can
vass of the mulerlal on hand, with the work
lemalnlng to be done, U Is found that SO-'i.tJOO
more will be needed to complete the building
und partially equip tho college. As we are
buildim; a school which evidently supplies a
long felt want, and ihe state Is receiving a lib
eral amounlor money fioin the United Hinte?
government for Iis maintenance, we have
deemed It proper lo build substantially and us
cheaply as possible while providing all mod
ern appliances. These Include healing, cook
ing apparatus, water works, electricity for
lights, power and the study of electrical engi
neering, and everything else which will he
necessary for the largest and best agricultural,
mechanical nnd Industrial school in the
Month.
The announcement has Jbccn made that Hie
school will open In Kebrunry, but I lliiuk It
hardly possible to open that early, unless we
have an exceptionally favorable Winter for
building. Owing to tho fact that we have
been unabto to sell Iho Agricultural Hall, the
Trustees are now out of money ; and in Order
not to lose linn- or allow injury, which would
necessarily follow cessation of work, we have
borrowed 820.000 on our Individual notes with
which to proseeute ihe work. I Informed you
in my inaugural address last December that
it would be possible lo build the school with
out taxation but II would take two years to do
it. eml it will depend upon the action of the
Legislature whether the school shall open In
Mai ell or not.
The estimated Income which we may expect
to hnvu for tho next year Is as follows':
From Hatch Fund. Slft.OOO 00
From Mm i i n Fund. 16,000 00
Land Hcrlp. r>,100 00
Olemson Estate. 4,6011 on
Privilege Tax. 40,000 00
Tola!. $30,260 00
Thero aro two unknown quantities In this
estimate, the Morrlll fund and the privilege
tax. The privilege tax for tho present year
has been 8'>;!,'2N6.s.',; hut when we remember
the present low prices of cotton and the prob
able falling oil' in the consumption of fertil
izers. It Is not safe to calculate tin more than
$40,000 privilege tax next year. The Morrlll
fund was nccepted by the General Assembly
last year and equally divided between Clont
son and Clatlin Colleges, but Secretary Noble
has refused to pay over the money 011 that ba
sis ami the matter will have to be decided by
Congress, atld it may result In a refusal lo ac
cept the terms offered by the State. In this
event the Income of the College will bo much
less. A careful estimate of the amount neces
sary to run the College with upwards of 1100
students, together with the experimental sta
tion and the necessary expenditures for the
inspection and analysis of fertilizers and the
other work of tho old Agricultural Bureau,
shows that It will take not less t linn ?(15,000.
Therefore, we say that we cannot both build
and run tho school without help. It Is en
tirely practicable to iimsh it and equip 11
without a dollar of taxation It the opening is
deferred a year; but can wo afford this?
Shall the regiment ol young men and boys
who are waiting to outer Its portals he forced
to seek schools elsewhere or lose valuable
time while waiting lor the opening? I am
perfectly well aware that Hits Is no time to
ask for an Increased expenditure of public
money. The depressed condition of our agri
cultural interests, the hardness of the times,
admonish me that we should practice every
possible economy to reduce the burden ol tax
ation ton minimum. But it would he econo
my and wisdom too to formulate some plan
by Which the Trustees might be able to bor
row tills money, complete tho school and
open Its doors lo students in March. In a few
years at. most Ihe surplus revenue of the Col
lege Will be ample lo replace the sum now
necessary. I have laid the fuels before you,
and trust to your enlightened wisdom to de
cide the quest ion.
Before leaving the subject of the College, I
would state that for the purpose of complet
ing ihe bulldltm and putting Ihe farm (which
Is utmost wholly a forest from which Ihe
wood has been taken to burn brick) In aeon
eltlon for agricultural use, we will need IIMy
convicts for at h-nsl another year. The bal
ance of Ilie convicts will he returned to the
Penitentiary at an early day. And here I
may call your attention to another Important
matter: that is, the regulation or definition of
the conditions to lie complied With before a
student can he admitted lo this Institution
without paying tuition. The scholarships at
the Citadel Academy are awarded to boys sup
posed to be too poor to pay. and the law re
quires a tuition fee of sio at the south Caroli
na College, and at Clcmson of all students
u hoilo not come under this class. Complaint
I.as icaehed my ears that advantage has been
taken of tills provision,and that there are
now students both In 1 he Cllaijel and at the
South Carolina College paying no tuition, but
whoso parents are able lo pay. I hope Hull
legislation will lie had clearly deliniug how
(lie matter shall be determined sons to pre.
VOIll the State's generosity from being abused,
Tim Industrial tteliool lot* Wollten,
By Joint Resolution of the Legislature the
Executive was authorized lo appoint a Com
mission ol I nq u 1 ry with reference to the es
tablishment ol an Industrial School lor Wo
men. The Report or the Commission has
been submitted and Is before yotl lor consid
eration. No argument is needed lo enforce
the Importance of ibis subject. Tho Report
shows an overwhelming burden of testimony
in.in experts In favor of the union of Indus
trial and normal training in connection with
u sound scholastic education. In fact, leach
ing Is one of Hie most comprehensive and
useful forms of woman's Industry,and,ou ihe
cither hand. It is important Hint Olli'WOIIIOI)
teachers shall also he industrially trained In
order that the elementary leaching Of useful
industries may be gradually Introduced into
our public schools. In Hie South*especially
Hits union of Industrial and normal educa
tion is strongly commanded by ihegrontoi
economy ol loundiug and maintaining one
rather than two Institutions where so much
would he In common,as well as by the greater
advantages ofleted lo pupils of selecting
either of these branches, or of combining 1 tic
two, In the no le institution. The Report sub
mits tho sn 1,^ 1 nice of the several oilers made
by differentfj iwnsol tin-state for Ihe location
of this school. and the detailed bids are on tile
for your exam I nut Ion. The number and char
acter of these oilers, coming from all parts of
the state, show tho wide Interest of the peo
ple In the subject, and are a pledge of Iis suc
celfMH-flvUscfiiinesa, More than one ol Hies
offers alioTtM BUfllco, if fully realised, to ?d
cure Hie hnlldtng>N-nS ucoessarv e.o-t. - n, ,,,
Hie BCllOOl wit hour a dollar of (li st cost to the
Hlate. It would he only necessary then lo
provide for its maintenance. 1 recommend
that On Act be passed providing lor I lie foun
dation and future liberal support id' a Stale
Industrial und Normal College for Women,
conditioned upon the acceptance and fulfill
men I of some one of Ihe offers referred to. I
concur with the recommendation of Hielte
port that the location of ihe -chool he lelt for
future selection, alter careful inspection ol
tho several bids as offered nnd guarantied to
Hie Stale. Authority should he GOhfOITOd, on
Ihe acceptfInCO Of such offer, to proceed ul
once with Hie work of preparation sous to
Open lliis school at the earliest possible day.
I would say, further. Unit alter the OlcillSOtl
College hIiiiII have gotten well under way and
equipped, in four or live years al most, there
will lie enough money now going lo that
school to run it ami also this girls' school
without taxation. We liave every leasoii to
believe thai such 11 school will be as popular
as Clcmson College and meet a want long fell.
As a preliminary step, 1 urge thut the state.
by Act of Die (ieneral Assembly, adopt Ihe
Winthrop Training School, name and all, as
its Normal College, and provide for Iis amal
gamation with the Industrial College as soon
ns com plated. 'The reasons for t ills are IllOSOi
The lYuhody Fund is to be dlsl ribuled In 1807,
and it will bo given ns endowment for teach
cr-lrnlnlng schoolsalono. 11 the state lakes
this action I haVOOVery reason to believe that
Hie Pea body Trustees will handsomely endow
the proposed college.
ItCIIIOVIll I'l'OIII Olliee.
In my administration of tho Kxeoulivo of
fice I have found things In a very muddled
and unsatisfactory condition as regards the
powers ami duties of ihe Governor in the
matter ol removal. I will briefly outline the
existing stall's and the defects In the law, so
thai Ihe (Jem nil Assembly can sec Ihe im
portance of legislation, Article'.', Sc. lion 81,
of tho Constitution .-ads as follows;
I "Officers shall be removed for Incapacity,
' misconduct, or UCglCCt of duly. In such man
ner as may lie provided by law, when no
mode ul trial or removal Is provided in this
Constitution."
Provision is made for impeachment of Exe
cutive nnd Judicial Officers, or for tholr re
moval by tho Governor on Iho "address" ol
two-thirds of each House of Hie (ieneral As
sembly.
The (Ieneral Statutes, Hectlyn 265fi provides :
"Any public officer hereafter to bo elected <>r
nppoint) (I whose nulhorlly Is Untiled to n sin
I gle eleelIon or Judicial district who shall be
guilty of any official misconduct, habitual
negligence, iiuhituai drunkenness, corruption,
Maud, or oppression, shall lie liable lo III
j (Holment, and, upon conviction thcicof, shall
' fined not exceeding one thousand dollars, and
1 imprisoned not exceeding one year."
I Tho matter of removal or suspension is
treated in . Instances vaguely, In others
1 explicitly, in Sections 01, 151. 117.001,700,(mod
IfiOd by Act of IslHi), diu, KW!, 1230, 2003, 2558,
2600 and 2504, and Ihoso embrace everything
I on Ihe subject that I can find in the law. A
' careful examination of those several Sections
shows Hint the pOW Or Of Hie RXCOUtlVO to en
force the execution Of Ihe law, or to protect
Ihe public interests In case of "incapacity,
j misconduct or neglect of duty," is very small
I Take the case of such Officers us come under
I Section 11555, There mill t be conviction by a
Jury belore the Governor can interfere, al
lllOUgll he llUVO positive evidence of guilt ;
ami when It Is remembered that seveial 01
Iho officers mentioned assist |u drawing (he
Juries belore whom they themselves are to he
11 led, it win im seen tniit there is something
farcical about the business, mid, in fact, u hue
there have boon com parat I vely few cases of
oflleiul malfeasance or misconduct made pub
lic In our Slate, there Is not one Instance of
conviction Ol which I huvo any knowledge.
Section 12, Article III. of Iho (Constitution
provides : "He (the (lovernor) sliull lake care
that tiie inwshCy-ilihfnllyoxoented in mercy."
The Anglo-Saxon race has ever 1)600 Jealous
of the prerogatives of lite Klnir. Their de
scendants In America uro equally wnlehfn)
against olllclal tyranny, bill It Is easy lo show
Hint thore Is no possibility of tho Kxccuiwa i
having the laws "faithfully executed" unless
Iii? hands arc strengthcm-d. Tho exerd*e of
power ul ways Inipo-cs responsibility, and Um
tyniiinlcnl ahnst- by tin- Governor can bo
cheeked or punished by impeachment. Thon
public opinion -in expressed at tin- ballot box
a fiord* a speedy corieellve for any wrong to a
eltUen wnleh tbo Executive may do; but
whether It Is bolter to risk abuse ol power by
the Executive or continue to rely on laws
that are Inoperative, is for tbo General Ab
somblv to determine.
I will Illustrate. Tnke the case of Sheriff
McTeor. of Hampton County. T he Governor
received Information that a prisoner who was
Under arrest at Ills house, In Urunson for as
sault und battery with Intent to kill, and for
whom a requisition from the Governor of
Florida hud been granted for the crime of
murder, would be allowed to escape. He no
tified tho sheriff and warned him to be on his
{guard, but not withstanding this the man did
getaway; und while the Sheriff's illness pos
sibly caused the escape In this Instance, Is It
reasonable to think, anything won id have
been done about It ?
Then the case or Hie Clerk of Court in Lex?
lllgton. Evidence (an acknowledgment un
der his own signature, In my olllcc.) shows
that this officer was a delimiter tis long ago as
last May. Nothl ng was said or done about it
till after the September Com t, except the par
ly to whom the money was due entered suit
to recover, When his case was not pushed at
the Fall term, ho came to me lor redress. The
Attorney General visited Lexington, and
ion ml the Clerk's office in a bad condition,
with large land sales advertised for the follow
ing Monday. Tho Grand Jury, which neces
sarily knew of the shortage, had failed to
make any presentment, or to mention the
matter; and had not the Clerk, who appears
unfortunate or cureless rather than criminal,
voluntarily sent In his resignation, there was
absolutely no remedy under existing laws,
and he e uld have sold the land, pocketed the
money, and held the office togutust any pro
lest till next term or Court. Tho General
Assembly have a choice between two evils ?
giving more power to tho Governor, which
may be abused us against a few men, or per
mitting things to remain us they are, to the
Injury of t he public at large, ami producing
discontent ami a demoralised COIldll Ion of I he
public service. If given authority to correct
these evils. I will do it fearlessly. If it is
thOUgbl belter to trust to Juries drawn by the
men who are to be tried, I am content, since
attention has been called to the matter and
the people can understand where the blame
rests.
?'is a i 1 es t<> ii NiipcrvlNOi-Nlilp.
At. your Inst session a law was pusssd pro
viding (or an entirely new registration In the
city of Charleston, under special Commis
sioners. The reason assigned were, that tin
old registration was largely fraudulent, and
under it many citizens were disfranchised.
The work was performed in a highly satis
factory manner by the three Commissioners,
Messrs. Williams, Small and O'Neill. Hut
before It was completed (May HTsi) complaint
was made to me that Mr. W. 1*. Cantwell. the
Supervisor of Registration lor Charleston
county. Into whose custody the new registra
tion books were to be delivered, was a man
unworthy to hold so important a trust.
Charges were preferred against him of dishon
orable and unfair conduct in holding a DoillO
orallo primary and a request made for his re
moval. Upon Investigation 1 found that
CunlwelI was holding, at thetlme, the office
of Ciork to the Board of County Commission
ers as well as that of Supervisor ol Registra
tion.
Section til of the Revised Statutes provides
that this officer "shall continue in office tin
his successor shall bn appointed and shall
quality: and he shall not lie eligible to any
other olliee during the term lor which he Is
appointed." While I knew that the Supreme
Court had declared this provision of tlie law
against /its eligibility unconstitutional, be
lieving that the Legislature which enacted
the law clearly Intended that a Supervisor ol
HegistffttlOU should not In-hi any olliee while
acting as Supervisor, I promptly removed
him ou that ground; and though I did not
so state, I may as well boy that I Was also
largely Influenced by the bellet that tin
charges against him were true, and that he
was not a proper person to hold t he office.
Recogntz.lng Ins right of appeal to Ihosoiiate.
I! he so dessred, a nil learning that lie denied
my right to remove him, 1 appointed Mr.
Geo. W. Williams Deputy Supervisor and or
dered tho Special Commissioners created by
Act of December ill. 181)0, to turn over the now
legist rat ion books to him. Tills they did,
and Mr. Williams held the olliee and dis
charged Its functions until Judge Wallace (In
.I line) Issued a peremptory order for him In
surrender to the Master, Mr. M lies.
This action on tho part ol a Circuit Judge
was an extraordinary prbc - ding, ami, while
the matter Is a trivial one and might he dis
missed W It bout, a second thought, I here Is In
volved a principle of vast Importance should
the dangerous precedent thus established be
allowed to go unchallenged.
In my opinion Judge Wallace presumed
overmuch when he undertook to review the
action of the Executive at all, unless ihere
hail been a clear and unmistakable usurpnl ton
of authority on my part. Hut when he
-?trau.s tin- Interpretation of a statute In or
der to give excuse lor Interference with the
Executive, and at the same time usurps the
functions ot the Senate to accomplish his pur
nose. It is time to treat the matter gravely.
It Its. 1 think, easy to show that he has done
both. Article 1,Section ??, of the Constitu
tion oi South Carolina declines: "In the gov
ernment ol this Commonwealth the Logbrfa
ttvc, Executive ami Judicial powers of the
govern men t shall be lore v er separat c and dis
tinct from each other, and no person or per
sons exercising Ihe luin-l.ol one of said De
partments shall assume or discharge the du
ties ol any other."
Here Is clear and emphatic demand against
one brunch of the government intermeddling
With I he Ol her.
Section oi, Itovised Statutes, provides: "The
Governor shall appoint, by and with the ad
vice anil consent ol the Senate, If in session,
ami It not in session, subject to the approval
of tue Senate at Us next session, and subject
to removal by the Goverror, by and with Ihe
consent of the senate, one competent und dis
creet, person us Supervisor of Registration,"
AO.
This language appears very plain, but Judge
Wallace did not Interpret.It as I did, or ho
would have refused to hear arguments
against my action. Let us examine it. The
oV''vor nor is authorized to appoint Supervis
ors, brit*ti>eSenate must approve, Ho is au
thorized to make such appointments while
I ho Somite Is not In session, bill wjust submit
his appointment to It when It meets. H*t
may remove Ills appointees (for cause, of
course, however Irlvial or unlawful to other
minds than his own,) and once removed Die
only power that can reinstate him Is ihe Sen
ate. Judge Wallace contends that the power
of removal cannot bo exercised unless the
senate is In session, II ibis is a proper Inter
pretation, the Senate alone will hold tho pow
er of removal, a ml not the Governor ; ami il
ihe Governor Is allowed to appoint during a
pel iotl when t he Senate Is not in Boston sub
ject to their approval, Is it not clear that he
was expected to exercise that power In tho
IHK Her of removal also ? Hone provision
was necessary to guard against a vacancy
tu.m death or other cause, Is not tho other
noc-?sary to Insure the proper execution of
I be law .
Judge Wallace's decision paralyses the exe
cution Ol tho law should any supervisor rc
IUSC or neglect to obey It. Take the ease ol
\V. T. MeElroy, Supervisor ol Lam ens coun
ty. 'I he Senator ami Representatives ol that
County asked for his removal on (he ground
ol drunkenness and HCglCOt to open bis olliee.
I removed him, hill bad he appealed to Judge
Wallace he wouhl have been reinstate I be
cause forsooth the Senate was not in session !
Nio proposition is so absurd, and Hs conso
(|Uoneea, II allowed, are so monstrous, that it
is ai mos*, impossible to retrain from charging
theJndgojwlth partisan usurpation of ihe
Semite's prerogative lor the pttiposo of bring
ing tin- Executive Into contempt?au evasion
Of Ihe Charly defined powers and duties ol
twoco-ordluneo branches til the govcrnmom
? for he not only "assumed" In dismiss one ol
the Governor's appointees, Deputy Snporvis
or Williams, but to reinstate tho OlMcor re
moved, W. I', Cantwell, Which power vested
with the Senate alone. And how did he do
Ulis ; by what authority V
An appeal has boon taken to tho Supreme
Coin I. I cannot pretend to nrgtlO I ho law
points Involved, for I am no lawyer: but an
examination of St Ol lolls I'll, 102, Hi! ami IUI
of tin- Code oi Procedure, under winch .1 udge
Wallace acted, will show thai they appear to
have been misconstrued or forgotten, They
refer to "USUrpUtioil Ol otP.ee,' or "refusal to
stillender" on expiration ol term or removal,
and a rulo to show cause could only issue af
ter complaint and Judgment.
Those secip.ns refer Tonn entirely different
condition ol nfllllrs to the one we have to con
sider, a ml a re provided as a means Ol getting
rid ol old officers attempting to hold over, not
to tin" removal of new ones lust Installed
They gl vo a Judge power to Install an officer
newly elected oi appointed, not < -keep in or
reinstate an eld one who had hi i removed
according to law.
With t Ins explanation I submit the matter
to the consideration of the senate, conlldoiil
that thai body will vindicate ins act ton as
Governor, and defend Hs own preroeatI v< s.
I am a ware l ha I l n thus commenting on a
Judge's act Ion I may he accused of commit
ling the vory oft'onso with which l mn charg
ing Judgo Wallace, vis.: an Invasion ol the
domain of a co-ordinate department of the
Government. TheOoncral Assembly enacts
laws, llioJudges construe them, ami the Gov
ernor executes, To say that a Governor
should hoi criticise a Judge, even on Ihe Su
premo bench, when the rights and powers ol
ins office are ai issue, is absurd, Judges arc
hut men, and they are neither Infallible or
immaculate,
For the Executive and Legislative depart
ments to submit In Slavish silence to unrcu
sonnhlpdecisions would be a betrayal of tho
U'llsls reposed In lliein by the people.
I hit vo obeyed tho Court, and am only resist
ing encroachment mi my otlUe, There was
certainly a grave doubt as to whether my con
st ruelIon was wrong, ami he should have
glvon tho Exeeullvo thetcneftt ol the doubl.
Bo fore dismissing the imitier I desire to
point out some (il the consequences which
have followed, and which will neOCSSltntC
remedial action : Judge Wallace appears to
have become a W arc ol Ins mistake, lor while
declaring Cantwell Ihe legal Supervisor (re
movable on ly when the Senate was in ses-'
sion.) yet ho did not place the registration I
tayokK In lilt hands. Canlwell then prepared '
oi vriT,,^^Lana !,,,B l,e,(orim''' -he functions
i .1.. Mi ,nn?'i 11 "T>,"-,,,rs necessary to pro
vide at OHO? tor reopen tug u lustration
..inks ho ?s u. bivo, -.<-. ,1,.?,. j? 1M)I):, ,;,Vt" 1
0 votean ?.pportiAUly t-^-ij. V,t?i ccitlfloatYs
Intime foi the municipal ???l?s?Uun which
comes ofl' December st h proximo. '
And while mentioning this matter of m*uul
registration. I would cull attention to the uict 4?
that In several Counties, as I am Informed?-*-,,
' large number ol cerHftcutes hearing date .Inly *>
7, 1800, were Issued fraudulently after the
books closed lust July, and I recommend the
passage ol an Act declaring nil certllleates
bearing that date Illegal In the Counties of
Klchlund, l'uliih ld, Slimier and Ilerkeley.
TI10 Criminal l.nw.
As Ihe duties of my ollhe bring me Into In
timate connection wiih the Penitentiary, and
the matter of pardons being also a source of*
Constant labor and worry, 1 have had my at
tention directed locortitin delects in the crim
inal law, lo which I ask your attention. "The .
law's delay" hat been a matter of complaint
for eon tin les, nnd there have been of late so
many Instances of the (Ullure of Justice lo
punish Ihe mosl llagrant eiimes, and, If at all,
alter Ihe patience ol the people has become
exhausted, thai I cannot loo strongly Impress
upon the Legislature the necessity of some
changes. Continuances are granted upon tho
slightest pretext. Appeals are liiken upon 10
pretext al all sometimes, and crime, when
hacked by money, appears to override or
break through the meshes of the law with
impunity, that it is no wonder that our Olli
zons have at limes forgotten themselves nnd
taken Hie law Into their own hands.
I give as Instances ol Justice long held at
bay the Turner and Scnn cases in Spartan
burg, the .lames ease In Dai ilugton and tho
Jones case In Kdgcllld.
One remedy which l desire to suggest is,
that Hie juries, which 1 bavoevery reason to
believe now are Sometimes tampered With or
Mixed" beforehand, shall he drawn in open
Court lor tlie next term, aller tho Judge In
person shall have examined the boxes and
scon that everything is correct,
in the prosecution of criminal cases tho So
licitor Is always at a disadvantage, lie Is of
ten COUfrOUled by the ablest lawyers al the
liar, who Hvo in the County, und aro ne?
uuulntod with witnesses, jurors, ??to. Hut
these difficulties are frequently overcome nnd
verdicts obtained in spite of them.
The main reason why so many crimes no
''unwhlpl of justice" isthat the cases are not
properly prepared for the Solicitor by Iho
Trill I ?! ust ices or Coroner.
If tho of 11 co of Coroner were dignified and
the salary or fees made commensurate so as
to make h a deslrablo office; If u were tilled
by a competent lawyer, whose duty it should
be-to investigate all deaths caused by vio
lence, collect evidence, prepare the case anil
act as assistant prosecutor In his county, wo
would have many 11 man convicted who now
go' s scot-free. Then n Trial Justices woro re
quired to attend Court and help ihe Solicitor
in cases whore ihey have held a preliminary
examination, il would add largely lo the list
of convictions.
Another abuse is, that instead of a prisoner
under sentence, und In whose ease appeal has
been taken, being required 10 he brought tnio
Court at tlie next term for reselltence, thus
entailing expense upon the county lor main
tenance, the SCIIIOIICO should be executed as
soon as iheSuprcino Court Bhuil have dismiss
ed the appeal.
Then there should be strict and mandatory
legislation prohibiting a .Indue from continu
ing n case that had been once continued, ex
cept under extraordinary cl rou instances.
Aliottior Is lo make Ii obIIg itory upon the Su
premo Court 10 disbar at.y attorney who
takes an appeal on frivolous grounds. It lias
COIlie to tue pass llnit an appeal is aluicsl a
matter Ol course, and a slay uf proceedings
follows,
? In reference to t he punish men I of criminals
1 desire to direct attention to I be ad vantages
in a reformatory sense of what is known as
Iho Indeterminate sontence, which obtains
under dill- rent conditions in Massachusetts,
Now York and other Northern Suites. Socie
ty fur Its protection ngalnsl crime lias enacted
a code of laws for its punishment, und tho
primary object is first to secure the commu
nity from a repetition by Incarcerating the
prisoner. The next object should be the ref
ormation of the criminal and his restoration,
11 thai be possible. Coder the arbitrary i/txc
ttlxitol a.indue grcnl wrongs are of ion com
mitted ami sentences altogether out of pro
portion to tlie enormity ol Ihe crime im
posed.
The system lo Which 1 allude provides a
maximum and minimum punishment for iho
d I Huron I oiassesoi crime. The prisoner when
convicted is senti need in (hediscretion ol H10
Judge, hut lie can by his behaviour in prison
reduce or ov-reaso Hie punishment by giving
ovldenc 01 icing a hardened reprobate or
showing, il Ire to reform, The law in this
case 1 m 1 ?<?- - upon I lie pi ison authorities the
duty, and gives (hem the power by a 11 xed ra
tio, to Increase 01- diminish the prisoner's
punishment in accordance with ins behav
ior. Tho offender thus enters prison with ev
ery incentive 10 reform and grow bolter.
Another mailer winch l would strongly
urge Is iho Incorporation of a requirement in
Iho law thai the PcililOllllttiy Directors shall
separate nil ci Imlnnis under Hie ago of six
teen, and Mich others as .-hall exhibit excep
tionally good behavior, from the others and
that these classes be employed on the state
farm away horn ihe more hardened crim
inals. IK-loro leaving this matter Ol crime
and its suppression, 1 will In icily recall to
your attention the recent trouble in Tonnes
see, In which theHU-Hiority ol the state m-v
eminent was overtrhiown and brought into
contempt. 1 do this tor the purpose of point
ing out what some are apt to forgot : that
siioh n disgraceful-condition of afl'ulrs could
iioi happen InSoi Hi Carolina.
Tennessee has no miitila, or comparatively
none, while we have an admirably organized
and cltlclonl force- amply sufficient at any
and all times to uphold (he dignity of the law
and Iosuppress violence,und l would there
fore urge 1 hut Ihe (ieneral Assembly continue
its fostering care of our inllltl.i establish
ment.
I am glad to my thai during tho year Hie
law ill (hi-Stale has been supreme ami that
no pi rson or prisoner mis boon l> nehed. Tho
military lias been called on only twice when
il was thought there was danger, hut the
presence ol so many elllelcnl companies scat
tered over tho Sialo lends iargoiy to the sup
pression ol disorder. Tho cost of maintain
ing 1 his estuhlishinont is very trilling when
com pa 1 cd with its benefits.
Another mailer In this connection ' . thai
there is no i>r.ovlB.li>n requiting Conn' oflle
la is to pay for tho servlcos oi Cxim deputies
.1kv.v11 in by a Sherrltl'lu an emergency, 1 ml
lo this cause may bo attributed som uf llll
lynciiings which have disgraced our annals.
1 commend that provision bo made lor Hie
payment of such services by the County
whenever the Governor shall order the Slier
rill to summon such additional deputies.
Railroad Control.
Owing to a difference of opinion between
the Legislature and ihe Kxeoulivo n( the last
session, the railroad law fulled and it was too
late lo amend I lie Act so lli.it I could con
scientiously approve It. I may bo allowed to
express the hope Hial (he dill't-rcuccs of opin
ion which then existed will he amicably ad
Justed and a proper Din passed. There aro
some points in the proposed law to which I
desire lo ill reel attention und commend to
your earnest consideration, one is a provis
ion preventing tho consolidation of compet
ing lines. Tile absorption by lease or other
wise bus gone on until virtually 1 lure aro
only four railroad sysicini in the state. As
last ns new lines are constructed they are
bought up or leased by Ihe older corporations,
and many com inn nil ics in loo State winch
aro staggering under a heavy debt conti acted
lo aid In Iho building ol competing lines aro
without tin-ii.milt 01 com petit Ion.
Thero nie many more toads needed in
South Carolina, and they will bo built as tho
-state increases in population and wealth.
The;, iper Steps should he taken at once to
relieve the Slate of the oppn ssloil always In
cident to monopolies by preventing their ab
sorption.
The question of Iho nrsessmonl of railroad
properly has all 1 acted widespread attention
diirlnp the year by reason or ihe fact Ihn I
1 hero h..s ill-en an increase in its valuation ol
about 88,000,000, 'liiere bus been complaint of
injustice In this mailer, but when I call your
iii teilt lOll lo (lite Single tuet II will he easy (o
see how little Inundation there Is for such
complaint. The increase in ihe taxation
which will have lo be paid by the railroads
will approximate BliiO.GOO, Now, under exIi t
lug rate?, how much more do the people of
South Carolina pay lor Iho privilege of riding
on railroads than Hie people of Georgia? I
have no figures on 1 his point for this year ow
ing to the fact that several of Ihe railroads
have not reported as required by law. hut Ihn
loinl passenger earnings ns given in lite Uc
port of Iho Hal I road Commission for ISlK) is
$2,65*2,000.07. The rale Is llireo and a hall cents
per mlie In (loorgia it Is throe cents, a dii
ference of a half cent per mile, showing an
excess of say one-seventh In our State, and
one-seventh of (he passenger earning ; of our
railroads Is about {OOLOtlO lor last year. The
railroads can Pay the lax on Ihe increased as
se-sinent. which is far from being their actual
value as shown by their own figures, and
have f-20l,(KHi left which they were allowed (?1
collect from our people ItCOilUSO our It lllrond
Commissioners had no power lo fix passed
uer rates.
I Hi 1 I. it would lie who lo give the inaltei
of assessing ruIiroad property Into Ilm hands
of the Railroad Commissioners, instead of
imposing It, iis now. upon the state Treasur
er, Comptroller Generali Secretary oi state
and Attorney General, for the Commissioners
OUglll lo be able lo intelligently deni with the
question, ns from tue very nnluro of tholr con
nection w I Hi tile railroads .hey can holler
Judge of railroad proporty and values iium
I lie pi OFOIl I IS0.11 (I.
1 in- Cttlcntgo i s posi 1 too.
In .May. l-tu. will be opened at Chicago Ihe
grandest World's Klllff winch has eve.- la-en
held, ho opportunity afforded of properly
advert ing tho advantages we have to oiler
for investment of capital,and for Iho scour
Ing of homes by Ihoso who desire l hem 10
11lifo mosi favored scoilon oi the South, is one
I which is rarely offered, While iho stale is at
present In a depressed condition from the low
price of our staple crop, >o miss tho oppoi 100"
lly Ihn- oller, d, to-say nothing Of the adver-e
1 opinion which would he held of our progrcs
isfveness and public spirit did wo fall lo telto
j Hie opportunity, would he nothing short of u