The Laurens advertiser. (Laurens, S.C.) 1885-1973, December 01, 1891, Supplement, Image 5

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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