Historical Newspapers of South Carolina

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Motional Convention. THE WOBK BEGUN IN EAENE8T. The Exeoutive Department Under Be The convention entered upon bard work this morning in the consideration of matters connected with the execu tive department, rotating to the estab lishment of a pardoning board and the power of removal from public ottlco by tho Govornor. A little by-play began the session In an effort to unlock tho w hocls of tho committee on county gov ernments. LIVELY TIMES IN A SPLIT COMMITTEE. Mr. ' > I ? rose to a question of high privilege immediately after the cor rection of the journal has been com pleted and offered tho following reso lution : Whereas, tho eommltteo on counties and county government has been in ereased from 11 to 12 members?an even number?by order of this conven tion, which has frequently caused a deadlock and now a permanent dead lock : therefore, bo It resolved, that the Hon. J.W.Ployd, of Korshaw. bo added to the committee on counties and coun ty government. Mr. Austin, of Greenville, had risen ox soon as ho saw Mr. Otts on the floor. Tho latter deelined to yield and pro ceeded to speak, urging and beseech ing the Convention to give the cnmmltf tee an odd number to break the deaM view. Thin cent Ii Day. lock. Mr. Austin offered tho following in stitute. : Whereas, tho oommlttee on counties und county government Is composed of twolve members, and whereas, with this number tho committee is nimble to agree ; tberoforo, bo it resolved, that the president of this convention bo au thorized to add ono additional member to Said committee Mr. Austin said ho was ontiroly will ing to leave tbo selection of the odd man to tho chairman of tho convention. Ho thought it preposterous and pre sumptuous for a membor of one of tho two sides in the committee to try to name the odd man. Mr. Johneon concurred in this view. Mr. Moore thought the fairest way would Vie to withdraw tho last man ap pointed. George D. Tillman moved to tablo Mr. Austin's i-ubstituto and gravely and pathetically gave an account oi the sit uation in his committee, which elicited roars ol laughter. He suggested that thirteen is an unlucky number. Tbo committee had been going on smoothly with six mom hers for new counties and flvo,lpr thy^ioj systom of monopoly in oourt licK v hen this uowcomer, who favors the *ortl county system, camo in and created a deadlock in which the committee had continued over since. If tbo debate on tbo report was half as exciting, llorco and bitter as It had been in committee be could promise that it would be a very interesting oc casion. Tho ehair asked leave to make a statement. Tho name of tho gentlemau who was made the twelfth member of the committee had boon omitted from the newspaper roll used in making up tho committees. When tho mistake was discovered, as a matter of courtesy to tbo gentleman ho was allowed to bo leet bis own committees. As ho ohoso that on counties it was necessary to ob tain permission from the convention to add one to the number of that commit tee, which had been done. Mr. Prince, of Anderson, favored Mr. Austin's substitute. He was willing to leave the appointment of the odd man tv) tho president or to tho convention, but he did not think ono of tho con testing halves of the committee should name : he. man or decide the point at issue. Mr. Breazealeoffered a substitute ln *?? StrUQting the two halves of tho commit too to make tsvo reports and allow tho question to be fought out ou tho lloor of tho eonvontion. Mr. Georgo D. Tillman said tho com mitteo could not agree on auything, not even on Us points of disagreomont. (Laughter). Mr. Otts proposed that each half of tbo committee put up a man and let the convention oleet ono of them to fill out tho committee. Mr. St any ar no Wilson objected to this on tho ground that it would forco tho convention to a test vote before it was informed of the merits of tho ques tion. Mr. Otts moved to tablo Mr. Brea. /.??ale's substitute. Lost. Mr. Breazeale's substitute was then adopted. THK ItOAltD OF PARDONS. The report on tbo executive depart ment was taken up, and the pending question was on Mr. Dorham's amend ment as follows: "Amend section 11, line 8, by strik ing out all after the word 'pardons,' down to and Including tho word 'peni tentiary,' and insert in lieu thereof 'to bo provided by tbo Ceneral Assera bly.f" Mr. EHrd opposed tho amendment. Ho thought the members of tho pro nosed board should bo porsons who live in Columbia and who aro elected by and responsible to the people. He wanted the composition fixed in the j ( (institution, and not loft to any futuro posslblo vagaries of tho Goneral As sembly. Mr. Dorham, in supporting bis amendment, suid it to be an assump tion that tho governor Is worked to death, while tho othor State officers had nothiDg to do, and should there fore be required to help him in bis work. As a matter of fact, the State officers are harassed to death by their membership ? on boards. Membors should rcmombor that tbo action takon hero would be final. If the General As-einuly mado a mistako in com posing the board it could be easily OOrreoted. If experiments wore tobe tried they should not bo put in tbo constitution. Mr. W. J. Montgomery offered a substitute that the board of directors of the State penitentiary constitute the board of pardons, and proceeded to speak in its favor. Mr. B. it. Til) in an said the matter of pardons affected men whose lives are at stake and whose eases the board Would frequently bo unable to consider in timo without special meetings. Mr. Montgomery withdrew his substitute. Mr. Derhara's amendment was then adoptod, without debate, leaving the section as follows ' "Section 11. He shall have power to grant reprieves, commutations and pardons after eonviotlon (except in eases of impeachment) in such manner, on such terms and under such restric tions as he shall think proper; and he shall have power to temit tines and forfeitures, unless otherwise directed , by law. It shall be his duty to report to the. Qt neral Atgembly, at the next regular session thereafter, all pardons granted by him with the report of the board of pardons. Every petition for pardon or commutation of sentence MM^jll bo first t of or red by him to a board of pardon}, to be provided by the General Assembly, which board shall hear all petitions, under sucb rules and regulations as the General Assem bly may provide. The Governor may adopt the recommendation of said board, but in cate he does not he shall submit his reasons therefor to the General Assembly. Mr. Derham moved to strike out the last sentence of the section, the effect of which would be, he eald, to make the action of the board of pardoDs final. Mi-. Meares moved to substitute tho following for section 11 as reported : "He shall have power to grant re prieves, commutations and pardons after conviction (except In cases of im peach mont) in such manner, on suoh terms and under such restrictions as the General Assembly shall prescribe and he shall have powor to remit fines and forfeitures unless otherwise di rected by law. ? "It .'.hall bo his duty to report to tho General Assembly, at tho next regular session thereafter, all pardons granted, with a full statement of each case and tho reasons moving thereunder." A point of order was raised against this on the ground that it was virtually tho same proposition that the conven tion bad refused to reconsider. Mr. .loin.stone explained that thoro was an important differonee, in that Mr. M eures' amendment proposed to 1 loavo with tho Genoral Assembly the wholo matter of regulating the grant ing of pardons. Mr. Meares spoke at some length In support of Iiis proposition, which was dofeated by a large majority. Mr. Derham argued in support of his amendment. To leave tho tin .1 power of determining pardons with tho Governor was to make the board a nullity after creating it. Mr. Eflrd said the convention h id acted on the same principle Involved in this amendment and had decided that tho final power should be In tho hands of tho Governor. Mr. Derham's motion to strike out was tabled. governor's power of removal. When section 22 was reached Mr. Klinl moved to take up the minority report, which was as follows : " We fully concur in the report of the committee so far as it goes, but think the committee has acted un wisely in declining to report the fol lowing seotion and recommend that it be incorporated in the report as sec tion 22. Section 22. Tho governor shall have the right to investigate, or to order an investigation of all einbezale menta or appropriations of public funds to private uso by any county officer entrusted with the ".are and disburse ment thereof; and a caso of a prima faclo showing of ombezzlement, or ap propriation of funds to private use, bo may suspend such officers pending a judicial investigation, and appoint some suitable person to perform the duties of such officer during such judicial investigation, and in case of conviction such uppointmont shall continue for the unoxpired term. Respectfully submitted. "C. M. Eflrd, L. S. Conuor, J. N. Estridge, .1. T. Douglass." Mr. Gray moved to lay tho minority report on the table : Mr. Elird argued in favor of the mi nority report. Without a provision of this kind there would bo no check ou county officers, no means of in terfering with them in stealing public or private funds. Experience had proved that tho average official bond was a poor dependence. A man might bo worth $50,000 today and nothing tomorrow and it was almost impossible to realize on such bonds. Mr. Lee, of Sumter, opposed the minority report. It left the Governor absolute, unrestricted power without investigation or time or notlco for de fense. Under this section any future Governor would have tho power at ono sweop on tho more report of some un derling to remove all tho county and fiduciary officers chosen by tho peo ple and replace ih.un with his ap pointees, chosen, perhaps, to aid him in robbing and plundering. He urged the convention to remombor that it was creating dangers or safeguards for the future, making an instrument to endure for years, during all kinds of changes and eontingeneies, under which many kinds of men would hold office and power. The grand juries of the counties always Investigated tho conduct of tho eounty offices thorough ly and deliberately and could bo trusted to dotect and report wrpnir doiug and to prosecute it to punish ment and protect their communities. Under the section proposed in tho minority report tho sheriff of Sumter, a good and faithful officer, would havo been subject to instant suspension not long ago for an entirely Innocent error in crediting himsolf with foes on cer tain nulla hon. tax returns. He had no doubt there had been and would bo many similar instances in tho ex perience of other counties and officers. Mr. Gray renewed his motion to ta ble the report just as Mr. B. R. Till man rose and signified his purpose to speak. Mr. Tillman looked in astonish ment at Mr. Gray, who, however, In sisted on his motion to table. When it was urged that this would cut olf debate, he replied that that was pre cisely what be wished to do as the con vention had heard eaoh side of the case strongly presented, and he wanted to savo time. In response to appeal ing looks from Senator Tillman and too many expostulations, some of which, as was subsequently dovelopod, wore from gentlemen who wore them selves pregnant of orations, Mr. Gray at last consented to withdraw his mo tion and Sonator Tllln*?.o proceeded to speak. The Senator saiu -,-an instinot with the Anglo-Saxon to do over joal ous of his liberties and of all oneroaoh* raent. But in this special matter he had had experience and as he expected never to have any more of the same kind ho oould, perhaps, be given credit for disinterestedness. The gentle man from Sumtor had dwelt with feoling and eloquonoo upon tho in justico that might bo dono by the ex ecutive should it wish to tyrannize over the people. He bad spoken especially of shorlffs, but othor officers had charge of money?olerks, troas urora, masters. Judges of probate. Wbon ho was Governor a report came to him that a clerk of court, who was convioted last week on a side im-uu because he could not be convldtod on tho same main issue was in default. He found the Governor had no power iu the case and could do nothing to protect tho people from continual rob bery. He had oalled the attention of the General Assembly to the lack of power in the Governor to proteot even fiduciary trusts from plunder. Even when ho knew a man was stealing he had no power to prevent or cheek him. The Governor's power was tot un limited. He was required by the terms of tho constitution to tako oare that the laws are executed in mercy, if he violated his trust and was tyrannl oal, oppressive or corrupt, he was sub ject to impeaohmont or would certainly ?Ink under the indignation of the peo pie at the next election. Ho regardou the section proposed by the minority report as proper and salutory. He trusted the convention would not be frightened by tho shadow of a possible tyranny into requiring future Gover nors to await the slow processes of tho courts. All knew how hard it was to secure convictions in these eases, how easy it was even for men whoso cimes were matters of common notoriety to secure continuances and delays wnile all the time remaining in otilee and plundering the public. Some of these men would aotually take part in the drawing of the juries befuro whiuh thoy were to bo tried. In such cases convictions wore aotually impossible. The power to deal with embezzlers, and defaulters should be in tho hands of someone porson who should be hold responsible for the faithful perform ance of hia trust, and who was bettor I able, who was In better position than the Governor elected by and repre senting the wholo people, responsible to them and expected to uaro for their interests. Mr. Tillman concluded by saying he had two amondmonts which he proposed to oiler at tiio proper time au? which ho thought would improve the minority roport. Mr. George Johnstone, who was far down in the centro aisle, got the floor and made a very, strong and onergetie, and at times impassioned and eloquont speoch. It was, he said, the duty of tho convention nob to dotermino If the exec utive may become tyrannical, but to provide that ho shall not be tyranni cal. Tho czar of Russia does not use the power tyrannically, but in that great empire there Is neithor political nor personal liberty because tho form and laws of tho government mako ty ranny possible. Tho question before tho convention wus of tue deepest, tho most supreme importance. It was whether this State is to be governed by the executive or by tho law, and In that question lay all tho essential difference there is between a republi can government and a despotism. It was for the convention to decide here and now whether this State is to be ruled by tho people or by the officials ? whether it would make tho executive by law supreme and above both tho legislative and judicial powers. If the Governor was to have this power of suspension ovor tbo county officers, why not give him the same power over all officials high and low? That would bo pure militarism. Under this propos ed section a shorilT might rofuso to ox ecuto process or to perform auy of the functions of his offioo, and thereby paralyze the administration of justice within his bailiwick, and for conduct so monstrous thoro would bo no punish ment; but let him bo, however inno cently, but ten minutes behind in ac counting for $T> of public funds and bo could bo suspended without a momont's warning. If the justice of this princi ple of summary suspension by the ex ecutive was admitted in one instance it must be extended to all. What was the Governor? Ho was merely the ohlof executive servant of tho people in the State as the sheriff is their chiof oxocutivo sorvaut in tho county. Both wore elected by the people. Noither should bo liable to removal from office, unlots after conviction of crime, except by the action of tho peo ple. Mr. Tillman: "This report gives the Governor power only to suspend on a priraa facio case of guilt." Mr. Johnstone: "A 'prima facio case to tho satisfaction of a judicial officer? No. To the satisfaction of the Governor. I will go to any extent with you to provide suspension, removal or punishment after ju dicial investigation." Continuing, Mr. Johnstone said it would be as proper to include tho State treasuror in the list of officers subject to suspension. Senator Tillman : " i am willing to include the State treasurer." Mr. Johnstone : "Then extend it to all the Stato officials, and in the name of liberty tell me who Is to suspend the Governor on a showing or suspicion of malfeasance '" Mr. Itagsdale objot .ed strongly and especially to the manner of obtaining information of supposed malfeasance or defalcation by public officials likely to be developed under this section. Mr. Parrott, of Darlington, said tho Federal government claimed and exor cised tho right not only to suspend, but to remove officials without judicial process. Thoro was no talk of tyranny or danger from that among those who seemed to bo so sensitive on these sub' jects. He had noticed that these who woro always ready to jump on the State of South Carolina were tho first to cringe and submit before the powor of the Uulted States. All these State officials received tholr commissions from the executive power and should bo subject to it. Somo of them were not oloctod by the people, but wore ap pointed and they woro as good as any elected, it had happoned, aud would happen again, that tho honest yeo manry wore decolved, and had put in offieo men who botrayed their trusts, and there should bo power to check tho wrong doing of these men as soon as it was discovered or thoro was good rea son to suspect it. Mr. Haynsworth said at tho proper time he intended to submit an amend ment, which he would read as part of his remarks, as follows : " And in caso of his being hold by the committing officer to answer the chargo before a court authorized to try the same, the Governor may, upon the recommondation of tho judgo of tho circuit whoro tho officer rosldos. suspond such officer ponding a judicial investigation, and appoint somo suita ble person to perform tho duties of such officer during such judicial in vestigation, and in oase of conviction suoh appointment phall continue for the unexplrod term." Mr. Haynsworth did not agrco on tiroly with the fears expressed by his friends of misuso of powor by any ex ooutlve, but he thought this amend ment would remove tho dangors of which they were so much in dread. Senator Tillman said ho saw merit in that amendment. All ho wanted was that somebody should havo tho power to suspend an unfaithful official and his fraudulent operations. Ho ob jected, howover, to having the suspen sion recommended by a judgo, who might possibly have tu try tho case. If the judgo was fit to recommond the susponsion, why wasn't tho Governor fit to effect it of his own motion. This was not a petty or personal mattor. It was ono Involving tho rights and In terests of tho pooplo. Mr. D. S. Henderson nskod Senator Tillman to submit his proposed amend ments. They were read as follow . " Amend by adding at tho end : ' All padurs in the case upon which action was based shall be sent Imme diately to tho solioltor of the oirouit, who shall at the noxt torm of court for said county prosecute tue offender." Amend by inserting on line 8, after ' funds,' tho words, or ' monoy held in trust.' *' Senator Tillman said tho last amend ment was necessary because judges of Erobate and roasters ofton bad in their ands private funds?the little alls, sometimes, of widows and orphans. " Unless you are eo biased by partisan rancor that you can see nothing but opportunities for political advau ta he said passionately, " I do noi see how you can object to tho section with these amendments." Mr. Johnstone rose and began to say that he, too, saw melt in the amend ment offered by Mr. Baynswortb, when he was called to order by Mr. Burn on the ground that ho had already spoken on this subject. Mr. W. B. Wilson said the proposed amendment provided that men should bo punished in advance of trial and with out being informed of tho accusation against them or botag confronted with the witnesses. Senator Tillman said that was strain ing tho Olli of rights pretty tlno. Mr. Wilson said thore could bo no worbe punishment to a solf-respeoting man than tho open, publie dlsgraco of being removed from his offiuo and held undor a presumption of guilt and de barred from his emoluments and duties for weoks or months, pending investi gation. Tho mau uppointed in tbe plaee of a suspended otlicer and most nearly interested in securing his con viction would be put in position to manufacture ovidencu against him by haviotr uccobs to his hnokn anr! nnn?i'j Mr.' Prince, of Anderson, said as far as that wont suspension by tho grand jury or a judgo, which ho understood Mr. Wilson to favor, would be as much punishment and disgrace in advauco of trial as suspension by tho Governor. Mr. Johnstono said be, for ono, would bo glad to agree to give tho grand jury power to cuspond officials. Mr. Shoppard suggested an amend ment provided that officials be Bus ponded by tho Governor on recommen dation of the grand jury. To this time tho president had hold that the minority report could not bj amended until after it bad been adopt od, but Mr. Shoppard argued that as tho report was not offered as a substi tute for a majority report, but was simply, an additional section proposed, it was eapablo of amendment. Tho chair concurred In this view., and Mr. Johnstono immediately submitted the following amendment to Mr. Hayns worth's amendment: " Whenever a bill of indictment by a grand jury shall have boon fouuJ against any county officer ontrusted with tho caro and disbursement of public funds, charging him with tho embezzlement of said funds or appro priation of thorn to private use, tho Governor may suspend tho said officer and shall appoint somo suitable per son to perform tho dutios of such of fice." Mr. Haynsworth claimed that his amondment throw sufficient safeguards around tho power of suspension, and argued that tho grand jury js not al ways in session and that mischief might be done by a corrupt official in intervening time. Mr. Johnstono said the difference be tween his amendment and the origi ns proposition of the minority report was the difference botweon tho Ameri can and the continental systoms of gov ernment. Mr. Parrott took another turn at the postolllco comparison, and injected some more sarcusm into the discussion. Ho said gentlemen on the other side who were so fearful of future tyranny reminded him of Mr. Talbirfc's story of tho old woman who nearly e.ded herself to death at the edge of a proc Iplco thinkiug of the child she might have had which might have gone that way and fallen over. Mr. W. ?. ESvans also made a some what humorous speech, Introducing himself as a plain farmer fresh from the peopie, whereat there was laugh ter. He contouded that tho minority report only proposed to give the Gover nor power to properly investigate re ported cases of malfeasance and defal cation. Mr. Johnstone's amendment was thon put and lost. Mr. Gage, who is a very unobtrusive member, had tho key to the whole problem and offered tho following substitute for the minority's seetion 22: ?' Whenever it shall bo hi ought to tho notice of tho Governor that any county officer or any other officer who has tho custody of public or trust funds Is probably guilty of embezzlement or tho appropriation of public or trust funds to private use, then the Gover nor shall direct tho immediate prose cution of such officer by tho proper officer of tho circuit in which ho resides and upon trno bill boing found tho Governor shall suspend such officer and appoint one in his stead until he shall have been acquitted by a verdict of the j'->ry.v As soon as this was read heads nod ded all over the hall and there was a general expression of concurrence. Tho substitute was put to tho house and adopted like a Hash after having been read half a dozen times for the enlightenment of members who were Inattentive or who wore prevented by the prevalent confusion from hearing. It being then three o'clock, Senator Tillman, who had expressed his satis faction with the substitute, moved that the section ho passed over until it could bo printed. Mr. Talbort moved to lay this on tho table, complaining of wusto of tlmoand slow progress and Senator Tillman witbdrow his motion, remarking that ho didn't want to have any row about It. Mr. Bnxd renewed tho motion to pass the section over when it could bo soon in print and members could under* stand it bettor than they could by hearing It read. He warned tho con vontion that the section it wus pusslmr would have to undorgo the test of tho courts and that there would bo found rock after rock in tho way of the en forcement of the laws unless tho utmost pains wcro taken. Tho convontion voted to continue tho section. Fourteenth Day. Tho light on tho oxooutlvo section of tho constitution was again taken up on the suspension clause Mr. Talbert, of Edgoflold, took up tho. inattor and argued that there was too much legislation attempted. Tho delegates were hero to declare princi ples, and he Baw no use to discuse either majority or minority roports as to ^the removal of officers. All that ought to ho done'was to lot the Logis laturo attond to this matter. Ho v. ii ut cd all extraneous mattor thrown out, and ho moved to indefinitely post pone tho entire matter. Mr. Sheppard. of Edgoflold, said that after rellooting on tho mattor all night ho wanted to urgo that the sec tion should not bo adopted. It was proposed to legislate agalnstlone clasB of trustees. Those who had funds in trust outnumbered by a hundred-fold those aimed at in this section.. Thero a princlplo that is dear to tho heart of ' every oitizen and that should stand as , long as justice holds tho scales ovonly, I and that principle is that ninety-nine, guilty men should escape rather than that ono innocont man should bo con vlotod. Yet the moment tho Governor issues the proolamation of suspension he puts on that man the brand of guilt. The proolamation would, ho urged, tend to operate against tho accusod party. You will by this be establish lng a rule of evtdonoo that will do nt good. Evory ] man, whether he b( oharged with murder or larceny, h> entitled to the presumption of inno cence. You will establish a rule for office-holders, from which murderers and felons will be exempt. The Legis lature may adopt a uniform law. Dr. Timmerman, of Edgefield, said that there was a statute law requiring annual returns to be made of those holding trust funds. Any man who Is conducting his office honestly will not mind investigation. Mr. Klugh, of Abbeville, who is a member of the committee, said that at first the minority report impressed him favorably, but he was satisfied that the whole case was covered In tho legislative report. Tho matter prop erly belongs in the General Statutes and not In the constitution. The leg islative report provides that tho Gen eral Assembly may pass laws to re move for cause, and he wanted to give tho right of suspension in addition to tho right of removal. Mr. B. R. Tillman, in his customary forcible manner, said that ho did not intond to weary the convention and would have had but little to say, but it appeared that certain members had slept ovor tho matter and como in With new ideas, and ho wished onlv to reply. lie said tbat no matter what might be said about tho desires of the peoplo, thoro was no question about it that they did not want a thief in office. He said t hat he could see no reason why tho Governor of tho State should be liablo to .suspension and an ordinary county official should not bo. Ho said that over since 18(18 tho provision in tho constitution which gavo tho Legis lature tho right to pass regulations for the romoval of officials had oxisted, but had novor been used. The pre sumption is that it will be left as it now Is. If the Legislature has not, and will not, undortako to regulate tho mattor thon the convention should do so. Ho said that the protection of the widows and orphans demanded some such regulation. Ho then went for the system of bonds that too often prevails In the State, and charged that it was only after some deficiency was found to exist that it was discovered that the bonds woro made of straw, and that tho bondsmen had in somo way transferred their property. Ho could sco no possible harm in tho pass age of such a regulation, and it would roliovo tho Legislature of the matter. Tho convention, he said, was not sub ject to the same influences that too often alToetod tho Legislature. He said that every one know of the in fluence that county officials had over mombers, and thought it best to get rid of the whole matter at once. The convention had alroady practically agroed on what it wanted yesterday, and he thought it ought to without de bute adopt the substitute bf Mr. Gage. Mr. Uags'lale, of Fairfleld, urged that tho soetion as reported by Mr. Gage should bo adopted. The grand jury, he insisted, could bo trusted. It was wrong to presume that a grand jury would not act with tho best mo tives. Mr. Rogers, of Marlboro, said that if tho section was to pass it was now in its very best shupe. Constitutions originated in the efforts of the people to protect themselves against their rulers. Ho wanted to know what be comes of the rights of tho bondsmen. Tho bondsmen havo a right to protect themselves and yet thoy aro required to tako any man appointed by the Govornor Mr. Talbort Insisted that tho con vention had no right to cousidnr this matter. He wanted to see all matters discussed on thoir merits and regard less of factions. He wanted a pure, plain and simple, common-sense con stitution and no legislation. Mr. Rogors resumed his argument and said that thoro was law, and law sufficient to protect trust funds. Ho insisted that tho proposed ? at.lon would work a hardship on tlu xmds mon of tho suspended official, lie said that ho would bo unworthy of his poo plo if ho did not represent all his con stituency, regardless of all factions. He was a follower of no faction and would do his full duty regardioss of factions. Mr. Wilson and a great many others had had an abundauco of talking and when Mr. Wilson colled for tho pre vious question ov:ry 'one was quito willing to accept tho suggestion. Mr. Hellinger called for tho ayo and nay vote on tho motion to Indefinitely postpone tho whole matter. Tho con vention, by a vote of 8.'5 to 57, refused to indoflnitcly postpone, and after Mr. Howell had an amendment making an affidavit requisite before action was taken tho section was agreed upon. It was adopted in tho following shape ; " Whonovor It shall bo brought to the notlco of tho Govornor by affidavit that any county officer or any other J officer who has tho custody of public or trust funds Is probably guilty of em bezzlement or tho appropriation of public or trust funds to private uso, thon tho Governor shall diroct tho im mediate prosecution of such officer by the propor officor of tho circuit in ,which ho resides, and upod true bill found tho Govornor shall suspond Buch officer and appoint one in his stead until ho shall have boon acquitted by tho verdict of a jury, and if he shall bo convlctod tho office shall bo doclared-vacant and shall bo filled as may bo provided by law." This soemod to bo satisfactory to all. Then came miscellaneous amoudmonts after tho two days' tight on the ro moval clause. Mr. Derham, of Horry, wanted to change tho word "shall" to "may," as to roferrlng potltlons for pardons and commutations to tho board of pardons. Mr. Dorham urgod that, as final ac tion rested on tho Govornor, he may I not want to rofor potltlons to tho bourd. Mr. Kfird and Mr. Addrlchsaw no oc casion for tho change, as tho right to grant reprieves was already permissi ble without reference of potltlons to tho board. Tho proposod amondmont was adopted, and tho board of pardons will bo still further weakenod. MUNICIPAL CHAKTJSKS. Tho proposed section on municipal corporations and polico regulations was then taken up. Tho commlttoo, through Chairman Henderson, had made a unanimous report. When tho tirst Bcetion came up, which provided for tho classification of municipal charters, Major Barkor called atten tion to ttio fact that tho provision was a little complicated and moved to amond the end of the section so as to read, '^Titles and towns now existing under special charters may reorganize undor the general laws of tbo State, and when so reorganized their spooiai ohurtors shall coaso and dotermino." I Thero was no objootion to this amondmont and the section had boon praotically agrocd upon when Bonator Tillman said that bo far as ho could Boo Sections 1 and 2 made no provision ? for tho incorporation of faotory villages I such as i'lodmont, Pacolet, Granlte vllle and others, and ho urged that i some suoh provision may be inoor I porated, as ho did not want these - towns denied tho right of self-gov > eminent or have to submit to tho nod > and beck of a superintendent. Mr. Henderson thought that the Legislature could, under the sections, provide for suoh corporations, but the commltteo were subject to the in structions of tho convention.. Senator Tillman .thought it would probably bo best to recommit tho seetion8 to the committee so as to in corporate provisions for tho factory villages, and as there was no objection on the part of the convention that aotion was taken. Delegate Miller said as the ques tion of suffrage came up in this report he thought it best to hold the entire artiolo until aftor the committee on suffrage had made its report. Mr. Henderson explained that it was the intention of the comraitteo to movo tho postponement of those sections that related to suffrage in any way until after the sutfrage committee had made its report. This was satisfactory to every one. Section 3, which related to tho con traotlon of debt in pursuance to law, was passed without troublo, but the convention found a stumbling block in Seotion 4 as reported, which originally road : "No law shall bo passed by tbo General Assembly granting the right to construct and operate a streot or other railway, telegraph, toleohono or electric plant or to erect water or gas works for public uses, or to lay mains fo?- any purpose, without first obtain ing tho consent of the local authori ties in control of the streets or public places proposed to be occupied for any such or like purposes." Mr. Henderson explained the pur pose of the eommittee. Mr. Wilson wanted the law to stand as at present. Tho section would give tho tow us und eitles all tbo protection they wanted. Mr. Patterson wanted the matter left to the General Assembly. Mr. Patton, of Hiohland, thought there might bo the danger of largo corporations influencing the Legisla ture. He knew that applications for charters wero rushed through the Leg islature and ofton cities knew uothlng of charters that were rushed through. He urgod for concurrent action be tween tho Legislature and city coun cils. Mr. Wilson said that it would be too groat a burden to require railroads to got permission from a number of towns to got their consent in advance. He could not understand why there should bo any change from' tho present laws. Ho did not think any local objections should provont the granting of a char ter. Mr. Patten urgod that tho Legisla ture should grant ho charter unless the lino was indicated. There is an existing statute on this lino. Tho ap plication for a charter should at least designate tho towns through which it would run. Tho very necessity for protection demands the passage of the section as it was reported. Mr. Barker, of Charleston, had an amendment which ho thought would straighten out the matter. He wanted the provision requiring "first obtain ing conseat of tho local authorities" changed so as to read, "requiring tho granteo of such right to obtain thecon sont of the local authorities," etc. Major Barkor again settled a trouble some question and the section was, af ter little further debate, adopted to tho satisfaction of all in the following shape: "No law shall bo passed by tho General Assembly granting tho right to conduct and operate a street railway, telegraph, telephone or electric plant, or to oroct wator or gas works for pub lic uses, and to lay mains for any pur pose without requiring tho granteo of such right to obtain the consent of tho local authorities in control of the streets or public places to bo occupied for any such or like purpose." Mr. Sloan, of Riehland, moved to strike out the whole of Section 5, which read as follows: Section 5. The General Assembly may invest the authorities of cities and towns with powor to make local im provements by special assessment or by special taxation of property benefited. Col. Sloan argued that this section was unjust because it allowed tho au thorities of tow us and cities to levy special taxes for the improvement of certain parts of tho municipality, when tho residents of that section did not do sire tho Improvomonts. Mr. Henderson, of Alken, for the commit tec, said that tho committee bad framed tho section because It de sired to give tho local authorities pow er to make improvements and to levy a special assessment for tho purpose. This power did not now oxis t in the Constitution, as had boon decided in tho ease of Man Id in vs Greenville. Mr. Buist, of Greenville, olTorod an amendment to strike out the words "Special assessment or by special." Tho amendment was laid on tho table Mr. Ragsdale, of Fairliold, said that tho whole spirit of tho section was wrong and that it should bo left to tho property owners Interested to ask for tho special levy with which to make tho improvements, and tho authorities of tho municipalities should not have tho power to lovy tho special assess ment without consulting tho property ownors. He moved to striko out the section and tho motion was carried by a vote of (51 to 4(1. Mr. Haynsworth, of Greenville, thought that tho powers conferred in Section ? wore vieious and moved to strike out tho section. Tho soction reads : "Cities and towns may acquire by construction or purchase and may operate wator-works systoms ?nd plants for furnishing lights, and may furnish water and lights to individuals, firms and private corporations for roasonablo compensation." Mr. Hendorson. of Aiken, thought that the municipalities should bo allowed to exorcise tho powers con ferred in order to protect themselves from outrageous charges by private corporations. Mr. W?lls, of Greenville, offered an amondmont, which road : " Provided, that no BUoh construction or purchase shall be mado oxcopt upon tho voto of tho majority of the qualified doctors of said town or eity." Mr. W?lls argued that tho section contained a dangerous nrinciplo and that tho powers conferred should bo limltod and carofully guarded. Tbo amondmont was adopted. Fifteenth Day. Tho convention was obsorbed in tho consideration of municipal dobts and taxation, and tho oxemption of manu facturing intorcsts for flvo years. The section earning tho greatest debate is as follows : "That eitiea and towns may oxompt from taxation, oxcopt for school purposes, for fivo successive years, manufactories established with in their limits, after tho adoption of this constitution, whose paid up capi tal is not Icbs than $10,000." Stauyarne Wilson said thore was no publlo necessity or justieo in the sec tion. It makes a privilogod class, and why should any such exception bo made for capital? Thoro is no prin olple of right and justice wheroby tboso who aro ablo to pay taxes aro to be oxempt, whilo many a poor man has to Btarve himself almost to nay tho poll tax. It cannot be sustained on any prlnolplo of rLjht. The only virtue in taxation is the neoersity of it. If you exempt manufactories ou the ground that they are publlo improvements, why not exempt all others? The far mer who builds a grauary or a mill would be as muoh entitled to an ex emption. If California, Colorada, Vir ginia, Alabama oan induce manufacto ries to come into their borders with out this oxemption, why cannot South Carolina do the same, 6he being tho greatest cotton manufacturing State in the South ? Capitalists do not luvest in any place on accouut of special priv ileges, but on account of a stablo and equal system of taxation. Thoy don't want such protective legislation. Wo condemn tho United States tariff law, yet by this wo proposo to do oxactly what we condomn in it. It is nothing but protection. There was no princi ple of right in it in any particular. Mr. Henderson said the prlnelplo upon which the section was based is common seuso, public spirit and econ omy. The exemption for live years brings in factories, which afterwards increasos the taxable property of tho towns and cities and ultimately reduces the taxation by increasing tho taxable value of property. Mills aro moving to the South and lotus oncourago them by a policy that will bring capital hero and not run it away. In answor to Mr. W. D. Evan* hn said tho mills wero coming South In order to got noarer cotton Holds, and other States are recoiving them with open arms and lot not South Carolina be laggard in tho raco. Mr. Patton said that the section pro posed to do exactly what some oities in the State are already doing. Columbia has acted on that principle and as tho result shows she is one of thoohiof cot ton manufacturing cities in tho Stato. If Columbia wants to exempt theso factoriesjfrom taxation what diflleronce does it mnko to other people? Mr. Haynsworth said that in Groon villo they havoanordinanceoxompting factories, and although it was known that tho oi dinauee was unconstitution al no one has asked that it bo stricken off, because all recognized that it was lor tho best interests of tho whole city. Factories help tho poor to get needed work, It doing then good, they would favor tho exemption. Mr. Shoppard said tho section only referred to municipal taxes. Tho mo ment a factory Is established in a town, every taxpayer in tho county will bo directly Doncfited. It cannot injur iously allect the poor people in tho towns for they pay little tuxes anyway, but what they do pay will bo material ly reduced after the expiration of livo years. Mr. Buist said in towns and eitios thero is a dormant capital lying in banks and with this exemption it will come out and tho people will receive the benefit. Col. Telbert said he was sick and tired of hearing speeches on tho lloor in tho interest of corporations. Cor porations and trusts have had the right of way in the national legislature and it soems that this convention was go ing to give them a chance to run rough shod over tho people. Hore wo have a section which says that those who have tho money may be ex empt from taxation. Where Is the justice in that? Tho poor blacksmith or the poor merchant must pay. Tho princ'plo is wrong and he entered his protest against such legislation. Nino tonths of the legislation now is against labor, the foundation of our prosperity. Tho laborer Is the man that ho would protect, lie entered a protest against giving privileges to men already rich and whoso paws were stretching out for more. Mr. W. B. Wilson said in Kock Hill thero were six cotton factories and ho did.not believe one of thorn came thore because of any exemption. If one town exempts, all other towns aro forced to do the samo thing. Ho de nied that any factory has over been built On account of any exemption, because when a man wanted to invest money he was not Influenced by the little per ccntago in taxes he might save during live years. Mr. W. D. Kvans as a ?representa tive of the agricultural olasses opposed this section as being a pernicious act of protection. Wo would stupify our selves if we would countenance any such principles as is contained in this section. Capital seeks its own channel and would go where it could make tho greatest percentage. This pitiful ex emption is not going to encourage capital. It is coming South anyway, because its facilities aro superior to any other section. Mr. George Johnstone spoke against tho system as being a protective one. This little clause, Innocent as it seems, is tho entering wedge for going fur ther and we should determine now whether taxation shall be equal and stable or subject to a more whim. A motion to indefinitely postpone the motion to strike out tho section was then put and carried by a voto of 70 to 74. At the evouing session the matter of exemption came up again, when Mr. Floyd Offered a resolution which ho thought would settle tho matter. Senator Tillmau offered a similar res olution, which he allowed to be sup planted by that of Mr. Floyd. Tho resolution reads: "Provided, that before any such exemption is al lowed by any city or town in this Stato it shall be submitted to a vote of the people of said city or town for their endorsement or rejection." Mr. W. B. Wilson held that this samo Idea had been offered by Mr. S. C. White and had been killed. Mr. White stated the resolution wero about tho same. Tho amondmont was adopted decis ively, and then there was troub'o. Mr. Strlbling moved strike ouv the I section. President Evans ruled that a motion to strike out the section having been defeated, as well as one to indefinitely postpone, ho would not entertain tho motion. Mr. Johnstono and Mr. W. H. Wil son were indignant.' President Evans insisted there had to bo some limit to such motions or tho convention would never he able to got along. Mr. Wilson insisted that tho bouso could dooide when it wanted to stop such motions. Tho President suggested that ah ap poal was in order. Mr. Irhy wanted to know if a motion to recommit was not in order, and to moved. THE COUNTY GOVERNMENTS. Under the regular cull oF tho coin mlttoeo at tho morning session Mr. Otts road tho following report, tho introductory portion of wnich caused much mo.rrimont: Be port of George 1). Tillman, A. K. Smoak, J. W. Konnedy, J. O. A. Mooro.' J. C. Otts, and it. B. Staok houso, who constltuto tho half of what waa onco the whole committee on counties and county government, and who havo no chairman, no clerk, no papors, no resolutions and no name by which to designate their half of the committeo: ! Sec. 1. Tho several counties of this Stato aro oacb declared a body politic and corporate. Each county shall eon situte ono election district. Sec. 2. Tho boundaries of the several counties shall remain as now established, except those of tho county of Edgofleld, which sind f undergo such ohaugos as are made nec \*sary by ? tho formation of a new county from a portion of Edgofleld, t > be known as Saluda, the ooundarles of which aro set forth in a constitutional ordi nance. See. 3? Tbo general assembly shall have power at any time to organize now counties, by changing the bound aries of old cues, but no new counties shall bo hereafter* formed of less area than 400 square miles, nor shall any existing county be reduuoed to less extent; provided, that uo old county shall be reducod to less than 10,000 in habitants, as shown by the last State or national coiibus, nor be reduced to loss amount of taxable property than $1,500,000 as shown by tho last tax returns. Sec. 4. Whonevor 300 freeholders within tho area of a proposed new couuty shall petition for organization of a new county, the governor shall order an oleutlon within a reasonable time before the mooting of tho next sotsion of tho legislature, and if a majority of the qualified doctors voting In each part of tho county or counties proposed to be dismembered and embracod in the now county shall separately vote thorofor, It shall bey--' tho duty of tho legislature to establlah such now county at its noxt session ; but olocttons as borein provided shall not_ bo held in any proposed county ofteher than onco in four year. Sec. 5. All counties formod in ac cordance with tho above sections shall nssumo an equitable portion of the debts of the oxisting county or counties from which its torrltory is taken. Sec. <). The Legislature may provide for the consolidation of two or moro^ existing counties if a majority of the qualified olectors of such counties vot ing at an ulectlon held for that pur pose shall vote separately therefor, but such elcctious shall not be held oftei^tt than once in four years in tha -<4jQj counties. r ~^ Sec. 7. F.uoh county sbal)' elect a sheriff, a olork of the court and a cor oiiorf?who?o respective i^,. ms of olHco shall be four years, and whose duties and powers shall be d. lined by law ; provided the sheriff shall not bo eligi ble to re-election until the expiration of four years. Sec. H. A chaingang shall bo estab lished in ovory county in the State ; provided that this section shall not prevent two or more counties from con solidating their respective chaingangs. Sec. 9. Euch of tho several town ships of this State, with names and boundaries as now established by law, shall constitute a body politic; but this shall not prevent the legislature from organizing other townships. , Sec. 10. Tho freehold voters of each township shall elect at such times and for such terms of office as may bo pre scribed by law, throe discreet persons, to bo known as tho board of townehip directors, who shall havo charge of tho township roads, bridges and ferries, tho public schools, appoint the managers of all Federal, State, county and township elections, shall register all qualified voters of tho township and shall discharge such other duties and receivo such compensation for their services as the legislature may prescribe. Sec. 11. Tho gencal assembly may exempt any county from such town ship system of government whonever a majority of the freehold voters of the county shall petition thorofor. Mr. Austin, representing the othor half of the committee, announced that its report would be ready later in the day and moved a vote, of thanks to Mr. Otts for his attempt at wit, which Mr. Austin added, as an expression of indi vidual opinion, was an egregious fail ure. At the cveoiug session Mr. Austin submitted the report of ono-half of f he county government committee '^^?T did not concur in the report i ^7"^ the morning session, as follows : nccs Section 1. Tho legislature may from time to time establish new counties in tho following manner : Whenever one-third of tho qualified voters within tho area of a proposed new county shall petition tho governor for the creation of a now county the governor shall order an election within a reasonable time thereafter, by tho qualified voters within tho proposed area, in which election they shall vote yes or no upon the question of creating said now county. Sec. 2. If a majority of tho qualified voters within tho several sections pro posed to be formed into a now county shall separately vote " yes " upon such question then the legislature shall es tablish such now county. Provided, That an election upon such question shall not bo ordered upon tho same proposed new county of tenet* than once in four years. Sec. II. No county hereafter formed shall contain less than the one hundred and twenty-fourth part of tho whole number of the inhabitants of tho State, nor shall it havo loss assessed taxable property than two millions of dollars, nor shall it contain less than four hundred square miles. Sec. 4. Noold county shall boreduced to less area than live hundrod squaro miles, to lesB assessed taxable property than two million dollars, nor to smaller population than fifteen thousand In habitants. See. No now county lino shall be I run nearer to an established court 1 house than ten miles. Provided, That I this section shall not apply to court houses lecated In counties not proposed [ to bo dismembered. I Sec. 0. All new counties hereafter formod shall bear a iust aooortlonmnnt of tho valid Indebtedness of the old county 01* countlos from which thoy have been formed. Signed by J. 'Phos. Austin, It. L. Hen ry, T. E. Johnson, E. N. Keadfoarn, A. J. Harrison und Frank Ii. Gary. Mr. Johnson and Mr. Klugh had their resolutions laid over until tomor row and printed. THE DISPENSARY CLAUSE. This Buhjecteamo up in tho report of the committee on miscellaneous matter, and tho section as presented read : " In tho exorcise of tho polico power tho General Assembly shall havo the right to prohibit tho mauufacturo and sale and retail of intoxicating liquors or beverages within tho State under such rules and restrictions as it deems proper; or tho Goneral Assembly may prohibit tho manufueturo and sale and retail or intoxicating liquors and bev eages within the Stato, and may au thorize and empower Stato and county ollleers, both or either, under the au thority and in tho namo of tho Stato. to buy in any market and retail within tho Stato liquors and boveragos in such packages and quantities, under ! such rulos and regulations, as it deems expedient." Mr. Clayton offered tho following as a substitute: "In tho excvclsoof tho police power, ' tho ?jienoral Assombly shall have no 1 authority to license the salo of intoxl j eating liquors or bovorages by persons [CONTINUED ON FOURTH PAQB.]