Historical Newspapers of South Carolina

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VOL. XI. LAURENS. S. C., TUESDAY, JANUARY 21, 1896. NO." 25 Gentlemen of the General Assembly : The past year has been a momen tous one in the history of South Caro lina. Muoh has been done to the .. lory and renown of the State, muoh has been done that might well have been left undone. For the first time slnoe 18?8, your deliberations will be governed by an organic law framed by our own poople. Under the act passed by your houor able body calling and providing for a constitutional convention, delegates were duly eleoted by tbe peoplo and the convention assembled on tho 10th day of September and adjourned on the 4th day of December, A. D. 1895, having framed the present constitution which wont Into olfoot on January 1st. 1890. I deem it unnecessary to give you more than a cursory roviow of the ef forts made by a few whito monand the negroes to defeat the holding of this convention and but for the sake of his tory. I should not do so at all. After the primary olections for State and county officers last summer, an ac tion was brought by Matthew C. But ler, ex Unitod States Seuator, against W. T. C. Bates and W. H. Ellerbe, State treasurer and comptroller gen eral, respectively, to enjoin the pay ment of the salaries duo to the super visors of registration of tho State upon the ground that our electioiTlawB were unconstitutional, null and void. The result was a victory for the State but the deoislon not coming In time to suit the plaintiffs, a new attack was taken and a case made against tho supervisor of Riohlad county. A ready tool was found In United States Circuit Judge Goff. Republican, from West Virginia, ana one to use his own words who folt that M duty mingled witb inclination" compelled him to doolaro our registration laws unconstitutional and to enjoin tho of ficers from executing them. While this crisis confronted us I folt impelled to isBUO an address to tho people ??? the State preparing them for tho issues that might confront m and I had no fears of their ability to meet them. In this address I gavo pen portraits of the judgos and their co-conspirators und it is unnecessary lo portray them l.ere. Fortunately, wo woro enabled to ap peal to tho United States circuit court of appeals, in tiuio to reverso Judges Goff and Simonton and conduot our election for delogates under the regis tration laws, now of force. In this connection, I desiro to express my high appreciation of tho ability dis played by the attorn y general and the valuable assistant services of Messrs. McCrady, Barnwell and Mowor. These gentlemen voluntarily offered their services to the State in overthrowing the tyranny of Judge Goff, but I was unwilling to accept thorn gratis and upon the request of tho attorney general I retained Messrs. McCrady and Mower to assist in tho manage ment of til-; casos. I trust that your honoraWte Dody will grunt them such remuneration as you may think ju?t and equitable. In spite of all efforts to defeat its ef forts, our convention has mot and ad journed and given us a good constitu tion anu we can well afford to lot by gones be bygones and deal with tho present as wo find it.* Many changes have beon made in our system of government and I feel it my duty to point out to you the most important, as 1 deom them, for your immediato consideration and suggest the legislation required of you to mako them effective. KIOHT OF BUFF AGE. The most Important article com manding your attention Is that of the ? Right of Suffrage." This matter should be glvon the right of way and let it be the Qrst law enacted by your honorable body. There are many rea sons for this : First, the people are anxious to know how and when tho right to register is to be had, and sec ond, it is of vital importance that a full registration of electors should be had before the next genernl election. The requirements of the constitution are " raeidenee In the State two years, in the county one year and in the poll ing preoinot in which the elector offers to vote four months and tho payment six months before any election of any Kit tax then due and payable. Min ers Of the G08pel and school teach ers are entitled to vote alter six months' residence In the State." (b) Registration which shall pro vide for the enrollment of every elec tor onoe In ten years and also an en rollment during each and every yoar of every elector not previously regis tered. (o) All male persons of voting age applying for registration who oan read any section of the constitution sub mitted to them by the registration of ficers or understand and explain it when read to them. These are the requirements up to January, 1898. After this time a per son applying for registration If other wise qualified must bo able to both, read and Write any 'section of the con stitution submitted to him by the reg istration officer or can show that he owns and has paid all taxes'^lleotlblo during the previous year on property in tho State assessed at three hundred ($300) dollars or more. Tho payment of all taxes, Including poll tax, la a pre-requislte to voting. It will readily appear to you that different legislation Is required for the period up to January, 18tf8, from that thereafter. I would suggest, however, to your honorable body that all the firovlslons of the constitution and your eglslatlon in reference thereto be comprised in one statute as it is ex - ceedingly desirable that It should be thoroughly circulated among the citizens of the State. Designing de magoguos are already at work filling the ears and heads of confiding con stltuonts with false Impressions con cerning the provisions of tho oonstltu tlon, andithero is no safer plan to pet at naught such faeehoods than by allow ing the peoplo tj soo and read for themselves. It la your duty to provido for the is suing to each duly registered elector a certificate of registration and for the renewal thereof when lost, mutilated or destroyed. I am datlfied you oan do no better than to] adopt the old form of registration certificate and the provisions of the statute now of force regulating the same, expunging such provisions as confllot with the new cot'i.tltution which will readily pre sent themselves to you. This, how ever, 1? a matter for your, own good Judgment and wisdom. Any person ienled registration shall have the right of appoai to the court of common pleas or any judge thereof, and thence to the supreme court. It Is ma.io your duty to provide by law for sue! appeal - and for the correction of illegal and fradulont registration, votin r and all other crimes against the eloo'Aon laws. I would suggoet that as little red tape as possible be placed around this right of appeal and that you shall amply tochni provide against defeating it by toobi I call ties. There should be also as Utth expense attached to the right as pos slblo. Under the provisions govern ing this right of appeal to the supremt courty now existing in eivll oases I feat very few cases of denied registratlor would ever reach this stage if the same wore made applicable. The persons complaining in such oases musl necessarily be of the poorer and lest intelligent classes, but this is a sacred right under our form of government and they are entitled to every tost allowed undor the Constitution con sistent with the rule of intelligence without unneoossary hardship or ex pense. The severest punishment should be prescribed by your honor able body for frauds in registration or voting. There was a time when tho ends would seem to justify the means in this partioular, but the nenesslty no longer exists an 1 the day is past whon anything but the will of the intelli gent majority freely and honestly ex pressed at the ballot box can go vorn in South Carolina. Certain persons convicted of orimo, the insane, etc., are disqualified from registering or voting. I would re spectfully reoornmond that you provido for a list of all criminals in each county to be ii led in the ofTioo of the super visor of registration and also with the clerk of tho court in ordor that they may be forevor barred of the privilege of registering or voting. It in incumbent upon you to pre. orlbe tho manner of holding oleotlons and of ascertaining tho results o.' tho same. There is no necessity for any change at this time in our law in this partioular. Our people are accustom ed to the eight box law and there can be no just or valid objection to the mannor of obtaining the results of elections. Wo have been served with notice that this artiole of our consti tution would be testod before tho Unitod States supreme court and while. 1 havo no fours as to tho result and am fully convinced of its constitutionality, still should another Goff come along whoso "inclinations made It his duty " to set aside our registration tho day before election, in such an emergenoy, our oight box law would be some pro u:v,cion. I, therefore, would respect fully recommend thut you leave this statute as it stands and in future when our status is thoroughly settled such action oan be taken as may be doomed expediont. The polling preclnts of tho Stute must be changed so as to make every incorporated town a separ ate polling precinct. This is neces sary for the following reason : Section 12 of Artiole II provides that electors in municipal oloctions shall possess tho qualifications and be subject to the disqualifications heroin prescribed. Tho production of a certificate of reg istration from the registration oliicors of tho county us an elector at a pre cinct included in the incorporated city jr town in which tho voter desires to vote is declared a condition roqulslto U) his obtaining a coitificateof regis tration for municipal elections, etc." There are many incorporated towns in i ..lie si ate that do not include polling i precincts but are includod with such ' irecints. It is, therefore, necessary A) have such towns included in such a ireeint in ordor for the electors thero n to vote in municipal elections. You ire also required to provido for tho ?eg ist ration of electors in municipali ties but this should be dono in your funeral law for such corporations and is near uniform with that prescribed or State electors as practicable. LEGISLATIVE DEPARTMENT. The sessions of your honorable body iave been changod to the second Tuesday in January, with a time imit of forty days. This limitation loos not apply to tho first four sessions inder tho new constitution. I trust, lowovor, you will consider tho burdens ilaeed upon the taxpayers by tho pro cured session of tho conveutiou, and will not attempt to enact all tho legis ation required by tho constitution at .his session, but only so much as may >o urgent and necessary. There Is a rreat deal that may bo continued to mother session of your honorable x>dy, but I feel that this will Impress tself upon you without further com nent from mo. Much time may be savod by chang ng tho rule of your body whioh re luires that every bill or joint resolution ?hall bo read in full on Its third read ng. The present constitution allows /on to road such by their titles on tho irst and third readings. All .?lections by your honorable j jody are now required to bo viva voce ?ml the votes entered upon the Journal >f the House to whioh the molnbora re ipoctlvely belong. You are expressly forbiddon to enact ocal or special laws upon tho follow ing subjects : 1. To chango the names of persons >r places. I would respeotfully recommend that this powor bo vested in the court of common pleas, to be done upon petition of tho porson or persons in terested. 2. To lay out, open or work roads or highways. This powor is now vested In the county board of commissioners, and no additional legislation is required. 3. To incorporate oitles, towns, vil lages, or ohango, amend or extend the charters thereof. 4. To Incorporate educational, rell f;lous, charitable, social, manufaotur ng or banking Institutions not undor the control of the State to amend or extend the charters thereof. These are all covered by statutes, with the possible exception of bank ing institutions. With a slight amend ment-to the general bunking act ro quiring the seoretary ef State to issue charters upon the samo terms as to other industrial |corporatlous tho law will be complete. 6. To incorporate district schools. This is covered by statuto. 6. To authorize, the adoption or legitimation of children. This power should be vested in the Srobate judge, who Is the public guar ian. 7. To provide for the protection of game. This Is covered by general statute. 8. To provide for tne age at which oltizens shall be subject to road or public duty. This Is fully covered by statute. 0. To fix the amount of compensa tion to be paid to any county officer, etc. This will require an act to grade the salaries of tho county officers accord ing to the proportion of poulatlon and the necessary service required. Some arc now on salaries and some on fees. The constitution contem plates all to be on an oqual footing. " In all cases where a general law can be mado applicable, no special law shall be enacted." Let mo commend this section to Sour careful consideration. If you oed It, there is no reason why youi deliberations should be prolonged beyond the heretofore ordinary session Tho ourse of the State has been special legislation. It is your duty to enact laws limit ing the number of acres of land whiot any alien or any corporation oontroilot by aliens may own within this State 1 have recently visited the aoaot sec ) tion of our State aud its fertility and ? susceptibility of Improvement by drain - age Burpritjod and astonished me. It > is as fortile es the valley of the Nile, ' the soil in some places being five foei i in depth. Ae our State inoreases in > wealth and population this eeotlon is ) bound to be the garden spot of the , country. The demoralization and i paralysis of energy caused by tho re sults of the war drove the owners of I these plantations to the cities aud i other States to engage in other pur i suits, and they have been abandoned i to the deer and wild turkey and free negro, only to be bought up, however, > and converted into hunting preserves by rich capitalists of the North, who now grow fat upon our misfortunes. Over one hundred thousand acres of these rieh lands are now owned by hunting clubs of foreign citizens with not an acre under cultivation. If this is to continue these preserves should be taxed in ptoportion to their ability to produce orops and not deer and wild game. If a millionaire buys a rail road and converts it to the sole use of transporting himself and friends with out rovenuo, tho State would continue to tax it upon its true value to the pub lic, and so it should be with tho game preserve. If it amounts to breaking them up, well and good, tho Stato loses nothing, but, on the contrary re claims what belongs to hor industrious citizon : a home aud fortile fields. I trust this provision of tho constitution will be thoroughly enforced by suit- / able legislation. EXECUTIVE DEPARTMENT. It is within your province to provide tho executive with aboard of pardons, to whom the Governor may refer every petition for pardon, which board shall hear all such petitions, under such rules and regulations as the goneral assembly may provide The Governor may adopt such re commendations or reject them ; but in case of rejection he shall present his reasons to the general assembly. As you will observe, thero is nothing com pulsory In the matter, and, after all, the entire responsibility is placed up on the Governor. I can see no use, thoreforo, for suoh a board. But the matter is loft entirely to your wisdom and good judgment. , If a board is pro vided, allow mo to suggest that it bo composed oTTTtTtSlde citizons, and not ; office-holders and politicians, who may ' possibly have "axos to grind." JUDICIAL DEPARTMENT. < The supremo court of tho State will horoafter consist of a chief justice and i throe associate justices. This will 1 necessitate the eleotion by you at this 1 session of an additional associate j justice. I would suggest that this i election be held as soon as practicable, i as tho court is now in sossion aud the 1 services of tho justice aro required. I t havo found in my experience With the i legislature that elections aro tho i greatest drawbacks to expedition in i yo*'r work, aud I would respectfully e recommend that all of your elections t be had during the first week of the 1 session. c Tho constitution has also provided another appollato tribunal for the de- t tormiuatlon of gravo constitutional c questions, consisting of the members 3 of tho supreme court and the circuit > judges. It will bo necessary for you 1 to provide means for tho payment of the expensos of tho circuit judges when called to site in this appollate c court. It would be unjust to make c them pay their own expenses. I would a suggest that the Governor's contin- r, fient fuud be increased to an amount a sufficient in your judgment to moot a this additional expense and that the Governor bo authorized to pay the t samo therefrom. This is tho law now f as to judges who ait upon tho supromo t court when ono of the justices is dis- f qualified from any cause. Tho peoplo t havo a right in future to expect all 'J appeals to bo speedily hoard and do- n termined. A wide discretion is allow- c ed your honorable body for providing q courts for tho spoody administration r of justice. The law's dolay has boon b a trito phrase for centurlos, and I b trust you will find some plan for af- e fording tho people relief from tho ? heavy burdens of court expensos oo- e casioned by the continuation Of causes, r which often amounts to a denial of c justice and brings the courts into dis- a repute. There is a gonoral demand c for relief, and thoro are only two doors open for you under tho constitution to wit: the establishment of county courts . or an increase in the number of circuit judges. Thoro seems to be groat op- c position to the former in many of the f counties on the grounds of expense and tho great number of offices neces- I sary to bo created upon their establish- c mont.. My judgment is that an in- * crease of tho circuit jiK'^es to ton would afford ample relief and glvo all j tho tlrjio required to dispatch the busi- ' no..;, of tho several counties. This J would require a liko lucrouAO In tho number of solicitors. The additional j expense to each county would bo (222.22 per annum, aud I am satisfied 1 the saving in jail foes and witness foes j alone would pay this ten-fold. In the I county of Alken six months intorveno between tho fall and spring terms of the court and prisoners who cannot glvo ball ar: required to inngulsh In 1 jail at tho exponse of tho county for ' this period and ofton longer. I havo no doubt the same is the case in othor ' counties. The courts cannot sit longor than two woeks at moro than ono term ' during the year, and often adjourn j before tho jails aro delivered. I re- ' spoctfully ask that you give this matter I your careful cons id oration. 1 Magistrates are provided for, in i place of the old trial justices, with salaries in lieu of fees, to he fixed by your honorable body. Their Jurisdic tion is defined in civil and criminal cases, and this devolves upon you the duty of providing for thoir appoint ment and to determine the oases in whioh they shall exorcise jurisdiction within constitutional limits. I would suggest that any legislation as to tho salaries of magistrates bo made to take effect after tho terms of the pro sont trial justices expire, which will bo in December next. It is your duty to provide for the interchange of circuits of the olrouit judges. JURISPRUDENCE. It will bo necessary to provide for a change of venue in ofvll and orlminal oases over which the olrouit courts have jurisdiction and in whioh, under the Constitution, suoh changos can bo made. This requires your attention at this session, as it affects tho admin istration of justice. It is also mado incumbent upon your honorable body at this session to provldo for tho ap pointment or election of a commission er, whose duty it Blfall be to collect and revise all the general statute laws whioh may be passed from time to ' time, and also to reduce into a syste matic code the generally civil statutes, i Including the code of civil procedure, with all amendments thereto. The * term of office would seem to be neces l aarlly ten years, but this is left entirely . to your own judgment after reading I the seotion. You are required to provide by log - islation for tho punishment of any offi i oer, State, ? county or municipal, and I for his removal from office, from whom . a person in his lawful custody has - been seized or takon through his neg llgenoe, permission or connivance, by a mob or other unlawful assemblage of persons, and who has suffered bodily violence or death, and also to provide for the maintenance of a olvil action for damages against the oounty iu cases of lynohlng when death ensues, and further for an aotlon by the ' oounty for the damages against the parties ongaged In the lynohlng. It is a matter of gratification to the people of tho State that the constitu tional convention, ' in no uncertain terms, reprobated and condemned this pernicious practice. There have oc curred during the past year four oases of lynohlng within the State, and not ono has been for the orime generally regarded as justifying such aotlon. This should convince any mind that if lynohlng Is to be condoned and tacitly encouraged for any orlme, like a loath some disease, it will spread over the entire category of orimo when a dozen or more frenzied persons feel that justice has miscarried, until anaroby prevails and our republican form of govornmont Is destroyed. The failure to punish this class of offenders is not the fault of the Kxooutlvo. In each and every caso I have oxhaustod every means in my powor to apprehend tho guilty parties, and have employed special detectives to ferret out the orimo, but iu vain. Tho citizens in the neighborhood invariably condemn the offenders, but nevor iuform or assist the oflicors of the law in punishing thorn. It is to bo hoped that such leg islation will bo enacted by you as will Krevont In future the repotltlon of such arbarlous practices. I fear, however, nothing short of tho loss of tho official hoads of the olfioors permitting lynoh lng will ever put an end to It. There is a provision in the constitu tion that all laws inconsistent with it Bhall coase aflor. Its adoptiou, except that all laws whioh aro inconsistent with such provisions as require legis lation to enforce them shall remain In forco until such legislation is had. It will be nocosbury, therefore, for tho General Assembly to ropeal all laws Inconsistent with tho provisions of the constitution, or to so aitor those now In forco as to make them conform to the constitution. It will bo impossible for mo to direct attention to aid such aws, and I havo no doubt mombors of /our honorable body will bring all mch to your attention by bill or other wise. BOUNTY AND COUNTY GOVERNMENT. You aro given tho power to form lew counties under very many restrlc .lons, and you should provido for the loldlng and conduct of elections, tho appointment and payment of tho va ?lous officers for conducting the same, ind othor matters In reference to the , ormation of now countios which I loom unnecessary to point cut to you, is tho article is almost complete with- J n ltsolf without legislation except - uch as I have suggested. No propo- , Ition for tho formation of new coun- \ ies, at this session, can bo consldorod , >y you, as tho provisions can not be , om plied with. ( It is necessary to provido for tho < assessment of proporty in the now , ounty of Saluda for tho present fiscal \ ear and for tho collection of taxeB , /hen assessed. IUNIOIPAL CORPORATIONS AND PO- ( LICK REGULATIONS. t Hereafter tho General Assembly can , niy create municipalities under gon- , ral laws. The power of each class ] honld be defined so that no such cor- \ 10ration shall have any powers or bo ( ubjoot to any r estrictions other than , 11 corporations of the samo class. Thoro aro upon the statute books | wo Acts relating to this Bubject, ono ( or the incorporation of towns of less ] han one thousand inhabitants and one , or the incorporation of thoso of more , han ono thousand inhabitants. . 'hose Acts covor all that is necessary, , nd with tho changes as to bonding , lections before organizatlor tho t uallfications of suffrage and 10 in iIiition as to liquor licensos as pre- , oribod in the constitution, they will | o coraploto. I would suggest thatthey . lake it the duty of the Secrotary of j ttate to issue >all Buck charters and j mpowor hi'ii to order tho olectlon equtred by the coristltlon before the , rganization can bo had, as it is do- , irablo that all matters connected with barters should issue from his office. j CORPORATIONS. j The tonn corporation as included In i his Article of tho constitution In- t hulcs all associations If joint stock < orn panics having powers and n?-ivi- \ eges not possessed by individuals or | lartnorships, and excludes municipal < Orpprations already treated of. You 1 .ro required to paus a general law for | ho Incorporation of railroads, tele* j jrtiph and othor transporting and i ransni'ltiug com;m"'os. Tho ?im- | < ?lest p'an, in my Judgment, would be i 0 lcavo the requirements now existing i ls to obtaining a charter from the ! ieneral Assembly and make thorn applicable to the Secretary of State, wul require tho petitions sotting forth >be route with a map to be niiad with , .he Secretary of State, and ompower lim to issue men oharters upon tho urther condition that a cortain unount of work must be performed, uid road built and equlppod within .wo years after a charter Is gained, )thorwlse the same to be null ana /old and forfeited. All industrial charters (other than railroad charters) ire now issued by the Secretary of ritato, and if my suggestions meet .v i tli your approval he will be required to issue municipal, railroad and all other oharters. It will, therefore, bo advisable for you to fix a scale of fees to be charged, graduated according to tho amount of capital stock Involved In the Indus trial charter or to the importanco and magnitude of tho municipality char tered. At present tho Soorotary of State charges a uniform foe of only six dollars for all industrial charters, a charter where the capital stock is a half million dollars costing no more than ono where the capital stock Is only one hundred dollars. Tnls fee is 1 in posed to covor only tho actual cost of rooordlng, filing and Indexing first the declaration and subsequently the return, and writing, recording, index ing and issuing first the commission and subsequently the charter, neces sarily dono In each case whoro a char ter Issues. The fee 1b hardly adequate for the olorlcal work and does not compensate for tho cost of record books and blanks nor for the necessary examination and scrutiny of .tho de claration and return. Again, while foreign insurance com fianles are required to pay an annual lcenso of one hundred dollars for doing business In this State, an asso ciation of individuals living In another State may take out for six dollars a charter to do any Insurance business in this State,, and while their residence and assets are without tho State may thereafter do an insurance business In. 1 this State without a license' fee. Tbereforo, I suggest that the Seoro tary of State be required to collect and turn into the State Treasury pre scribed fees for oharters, tho minimum of whioh bhall be ten dollars, and gradually Increasing so as to bear some relation to the amount of capital stock tnvowuu and to t he magnitude of the municipality chartered. Undei ou) charter >aws, oa the 26th of February 1895, a charter was issued from the Secretary of Stato to the Atlas Flit Insurance Company. The inoorpora tore are all citizens of Indiana, Wis consin and Illinois. Their principal place of business was set forth to be Columbia, South Carolina. Since the issuing of the charter nothing has been heard from the company except some inquiries from 'some people of another State as to their standing. 'This compajiy evidently organized under onr charter laws on acoount of the facility and economy with which they could obtain a charter, and pos sibly with tho intention of never opening an office in Columbia or doing business In our State. There may be other companies doing the same thing, and it oertainly is possible under ex isting laws for any unreliable company to obtain a charter from this State and impose upon t*>e oitizens of another State. It will bd roadily seen how this privilege may be abused by wild-cat companies and charter speculators, if tho necessary restrictions aro not thrown around it. The pocketbook is the tondereut point with suoh schem ers, and if an enterprise is worth having the small fee charged will be no hindrance. The statute now of forco against trusts, combinations, contracts, and agreements against the publio welfare is strong enough for all purposes. The provisions of this Article of tho constitution should be incorporated in your general Act for the convenience of the officers who execute it. This Artiole will require immediate atten tion, otherwise the progress of the State may bo impeded. finance and taxation. It is your duty to provide general system of the a^esament of property for taxation, and this assessment shall be taken by all municipalities and subdivisions of tho State as their bnsis for taxation. You aro authorized to impose a graduated tax upon incomes and a license on occupations and busi ness. It 1b further made your duty to pass laws making embezzlement of publio funds a felony, punlshablo by fine and imprisonment proportioned to the amount of the deficiency or em bezzlements, and for the forfeiture of the office of the person found guilty of such an offense. Th? legislation under this Artiole, wit. , the exception of the punishment for embezzlement, may be continued until your next session, except suoh as w>ll hereaftor bo called to your attention. EDUCATION. Tho poople are to be congratulated upon the liberal manner in which the constitution has provided for tho com mon schools of tho State. It is incum bent upon you to provide the macbin ory for carrying out tho provisions of bho constitution, and to this end you are given absolute power In the elec tion or appointment and control of all school officers. The school commis sioner is no longer a constitutional officer, and you may abolish the office 3r continue it as you see fit. Groat iIssatlsfaction exists as to the compe tency and ability of the school com missioners In some of the counties, and it would be well for you to proscribe .he qualifications of this officer, so that in his election or appointment iome regard may bo had as to the character, fitness and ability to por form the high duties of tho offioe. If this in not done, in my judgment the )ffice should be abolished and tho mi tiro management of the schools bo placed in the hunds of tho county boards of oxaminurs aud tho local trustees. Iu somo cases men have been elected to this office who could not read and writo, and oertainly were anable to write a sentence correctly, iml whoso moral character was not .voll calculated to elevate tho tone of tho touchers or pupils under their supervision. The common schools of the Stato are required to be separate and distinct, for while >and colored children, and pupils of oithor raco are prohibited from attending tho schools so set apart for the other race. The county authorities are required to levy a tax of three mills on the dol lar upon all taxable property in their respective counties, which tax shall be col looted at the same time and by tho same officers as other taxes. It is made the duty of the school trustees to expend and disburse this tax as the Seneral Assembly may provide. I would suggest that ynu leave this to the bor?,rd of trustees as in their wis lom may seem best for the interests of their several districts. Looai-self government in this particular is greatly to be desired* and hotter re sults w ill be obtained than by any effort af your body to prescribo rules and regulations to meet the conflicting conditions that necessarily exist in the various school districts. The people who pay the tax can better judge as how to apply it to thoir own intorest than the General Assembly, with all due rospeot to your body. The man ner of selecting trustees neod not bo uniform, and cannot be throughout the Stato If Intelligence is to govern in such selections. Tho representatives from the several counties are the judges of how to select these officers, and thoir conclusions will no doubt be acceptod by your body. A supplementary tax is provldod for whenever the amount raised from the three mills lovy falls to provide a por capita of three dollars upon the num ber of pupils enrolled. With this, however, you havo not to deal, as it Is made the duty of tho Comptroller Gen oral to lovy the u elementary tax if noeded. It is within your province to Iirescribe the number of months dur ng whioh the free schools shall re main open, and in case the taxes here tofore mentioned are insufficient to maintain thorn you are required to levy suoh additional tax upon the prop erty of the Stato as may be sufficient for suoh purpoao. To provide a term of less than six months would be a failure upon your part to satisfy tho groat domand of our people for better common sohools. Unless our youths are better prepared in these foundation schools the thirst for higher education will be slaked, and our system of colleges will become top heavy and fall of its own weight. All the net income to be derived by tho State from the sale or license for tho sale of intoxicating liquors, ail gifts to the Stato whore tho purpose is not designated, all escheated property, the net- assets or funds of all ostates or co-partnerships in the hands of the courts of the Stato where there have been no claimants for the same within the last seventy years and the direct tax fund, are set apart ae a permanent school fund, to be securely invested, and the annual income shall be appor tioned by the General Assembly for the purposo of maintaining the publio schools. This sum will bo a large eno, and it will be necessary for you to pre scribo the manner In which and by whom It is to be invested, as tho con stitution leaves this doubtful. It is made tho duty of tho General Assembly to provide for the division of the couit"."- into suitable school districts, ae oonipaot iu form as practi cable, having regard to natural boon 1 daries, and not to exceed forty-nine nor i be less than nine equare miles in area, i etc. It is impossible- for your body to i do more than leave this matter in tho hands of the oounty boards of examin ers and other county school authori ties, enjoining upon them the execu tion of this provision. PENAL, AND CHAKITAUL.E INSTITU TIONS. Tho name of tho Lunatlo Asylnmn has been changed to the Stato Hospi tal for the Insane. It Is made tho duty of your honorable body at your first session aftor the adoption of the constitution to pro vide suuh proper and liberal legisla tion as will guarantee and secure an annual pension to every lndigont or disabled Confederate soldier and sailor of this State and of the late Confeder ate States who aro oitizons of this State, and also to the indigent widows of Confederate soldiers and sailors. I feel that It Is absolutely unuecos sary for me to say one word In refer ence to this mutter to enable you to realize your duty. Most of you aro Confederate votorans, and those who aro not are sons of Confcdorate soldiers. If there Is ono thing dear to the hearts of South Carolina, It is the memory of tho lost causo. A State that ex hausted her all to maintain It cannot bo ungrateful In her hour of prosperity to the indigent and disablod veteran who stands as a living monument of the principles which most finally pro vail to perpetuate this republic Let your appropriation bo, as tho consti tution directs, proper and lihural. Having thus gono over In a cursory mannor tho various articles of tho constitution, it will bo soon that the legislation required of you at this ses sion of your honorable body may bo classified as follows : 1. An act to regulate tho right of suffrage and for regulation of elec tions. I 2. An aot defining and protecting the homestead for heads of families and for persons not head of families. 3. An act to provido for tho incorpo ration of cities and towns and for ohanglng, amending of altoring tho oharters thereof. 4. An act to provide for tho incorpo ration of railroad, telegraph and other transporting and transmitting compa nies. 5. An act to provide for tho incorpo ration of banking institutions. 6. An aot to provide for a more speedy administration of justice (coun ty courts, or increase of circuit judges), and for tho interchange of circuits among circuit judges and for change of venue. . 7. An act to provido for tho appoint- ' mont or election of a commissioner to codify tho laws and detino his duties. 8. Au aot regulating tho formation of new counties. 0. An act to provido a uniform as- 1 se8sment of property for taxation. 10. An act to provido thetnannor in ! whioh calms against tho Stato may bo established and adjusted. Thero aro other matters not so ur gent that may well ho contlnod until ' your next regular session. j It is my duty now, at the risk of try- , ing your patience, to give you a flash- | light glanco at the administration of ? tho govornmedt during tho past year. ( I would respectfully call your atten- ^ tion to tho reports of tho various r boards and heads of departments j whioh you will find full and complete, ' and herewith transmitted to you. ( FINANCE AND TAXATION. t Upon my induction into.oMleo tho i deficit for tho ordinary oxpenses for I the government was $50,000 in the t shape of a note of tho governor and i troasuror bearing interest at tho rate of i 7 per cent. This h?s been paid in full i as well as all othor obligations, and I s am happy to Inform your honorable i body that there aro iu tho treasury i sufficient funds to pay the expenses of t the constitutional convention without. 1 any extra taxation upon tho peoplo. t An appropriation of said amount, how- t ever, will havn to be made by you, as ' this is the only way in which it can bo I drawn from the treasury. t By reason of tho extension of the * ttmo for paymont of taxes for tho past 1 fiscal year under authority of your * honorable body, tho Stato treasurer c and governor borrowed $100,000 with 1 which to meet tho January 1800, in- 1 teroBt on tho public dobt. I rofusod to 1 pay Interest to tho banks upon this ; amount or any amount borrowed by me * for State purposes, for tho reason that ' the Stato doposits all of hor funds iu ' such banks and receives no interest I thereon, and from a spirit of rccipro- 6 city I deemed it just. I secured tho I money, I am qlad to say, without any ' serloua protest fron tho banks, thus I saving the 92,121,00 interest paid out for thf previous yea Tho following statement is given lor your informa | tlon showing the amount of taxes re- | oelved and disbursed, the amount of dis- , pensary profits paid into tho treasury, , and the phopphato royalty over and ? above $75,000 placed in tho sinking , fund and applicable to the gcnoral ac count. Tho profits from the dispensary up to tho first of January 1800, when tho now constitution wont into effect, wiil also be applicable to tho gonorai account. I'* ? * * * * # From tho foregoing it will bo soen that wo commence the fiscal year with out a dollar of indobtodnoss. it will be necessary for your honorablo body to provide sufficient rovonuos to run the government for 14 months instead of 12 as heretofore This results from tho ohango in tho closo of tho fiscal year from the 31st of Octobor to tho 31st of Decombor, uudor the new con stitution. Two-twolfths of tho ordi nary expenses of tho Stato government will havo to bo addod therefore, to your levy for tho next fiscal yoar in order to raako up tho doficlt at onco and remain on a oash basis. Undor tho provisions of tho now constitution, ovory dollar of outside rovehue horo tofore going into tho State treasury to meet tho ordinary oxpenses of tho gov ernment except in phosphate royalty, which is now hardly sufficient to pay tho fixed charge of $75,000 to the sink ing fund, has been divortod to tho school fund. Tho dispensary profits, the direct tax fund, oscheatud estatos and all gifts to the State whoro tho purposo is not designated go to this equalizing school fund. Wo aro on tlroly dependent upon a direct tax to raise funds to moot the ordinary ex Senses of tho government. I am satis ed, howover, we will bo able to moot all demands with the same lovy as for the past yoar, with tho exception, howevor, of tho two months additional. Had the funds of last yoar boen left applicable to tl.e ordinary expenses, the lovy for tho next year would not have exceeded 3 mills. Tho total taxa ble property of the State for tho past fiscal year Is $100,448,941. This will be {[roatfy lnoreased anothor yoar by the ! arge number of manufactories now in proooss of ereotlon, and it is to bo hop ed by a moro uniform system of assess \ mont, necessary to be dovlsod by your I honorablo body as required by tho con stitution. Your present Invy will bo i upon tho assessment of 1894-5 for Stato ' purposes, but tbla is not true as to county and sebools. The funds arising ' from taxes of 18? 1-5 Tor county and sohool purposes were expended on oon tracts made against them boforo thoy were even odleoted. This condition is unfortuaate for tho creditors of the counties who are pohool teachers and co ,i aoU v, :.o aro compelled to dis count their claims at exorbitant rates'. I To meet tbe dithoultles arising from BU'ob a condition, I would respectfully suggest thf.t all contracts due or to bo oouiodue, after oxpondiug tho revenues c?f the year 181)4-5 from any lawful cause prior to January 1, 1890, for county or school purposes bo declared past indebtedness and the comity au thorities bo ullowed to issue bonds to liquidato tho same. The bouds could bo made payable, say iu 10 years, with provisions for tho retirement of a glvon numbor each year. The counties of the Stato would thus be placed upon a cash basis and teaohers relieved of great hardship. Much complaint has boon made by the comptroller general against the present system of assessing tho proportyof corporations other than railroad. I think tho complaint woll founded ; as justice and equity demand uniformity in this particular. We havo in ono county tho stock of a bank that pays 10 por cent, dividond assessed at 75 cents on tho dollar. In an adjoin ing county a bank that pays 8 per eent. dividend assessed at 108 on the dollar. I would respecttully suggest to your honorable body that tho Stato board of raiiroad assessors bo given jurisdiction I o^er all muring aud manufacturing companies iu this respoct. Wo would then havo one contral authority with no local inlluoncoa that could be brought to bear upou it. Tho same difficulty exists as to tho method of taxiug insurance companies. I would respectfully recommend that in liou of tho prcsont system of taxing not pre miums rocoivod in tho various coun ties, which is almost impossible to get at, a fixod por cent, of such gross pre miums bo required to bo paid direct into the State treasury, and, if neccoa sary, the proportion adjuetod between tho aovoral couutics. Under tho terms of the now constitution tho (Jonoral Assombly is authorized to Impose a graduated tax on incomes aud on pro fessions and businces occupations. It is hardly necessary for mo to argue to your honorable body the justice of au Income tax. It has boen advocated upon every st amp and throughout tho ontire Union as tho mo9t equitable system of taxing tho rich iu proportion to the poor. It is impossible to devise a system that will secure a ju9t return of personal property. It has boon the dream of legislators and statosmon for years, and wo aro no noaror a solutiou of the problem today than wo wore a century ago. I boliove an income tax will greatly assist in solving the prob lem. The prosont time wiu be known to history as tho great bond e:a .a tho history of our country. As wealth bo comos centralized its power is brought to bear, with all its corrupting inllu ences, to obtain non-taxable securities. The citizens of towus and cities aud corporations require more protection Trom govornmot than the rural popula tion, and it is but proper that thoy should boar a greater proportion of its burdens. Under tho law monoy in rested in Stato and United States bonds is exempt from from taxation. The stock of bunks and corporations is exempt in proportion to tho amount of Jioir capital Invested in Stato bonds. This was intended to encourage tho' ninks to assist tho State iu refunding ler debt, and yet not ono would come o hor rescue at the critical moment vnd we were forced to soli tho bonds n foreign markets. Sinco that time, lowever, tho banks and investors of ,ho State havo purchased thorn, pay ng large premiums for thorn, until aow almost the entire issue is owned n Charleston aud other cities of the | ?lato. This capital can only be reach ed by an income tax and I respectfully ?ecomtuend to your honorable hotly mil a graduated tax be placed on all ncomos of $1,000 and upward und ,hat county auditors bo glvon full au thority to hear evidence and resort to moh other means as to your honorable )<3dy may seem expedient touotain full Hid accurate returns. It will bo nccca lary for you to provide for the pay nent of the salary of tho various school ;ommissioners and other expenses for collecting and dirbursing school funds >ut of tho general taxes as tho constitu tion provides. It will be unnecessary for die expensos of tho Stato penitentiary uid tho dispensary to be paid out of <bo general fuud, as both institutions ire self-supporting. 1 would there fore, recommend jthat in your appro priations for these institutions you ipecifically state that such amounts bo paid out of their earnings to bo do- t ansIted iu tuo Slate treasury for that purpose. PHOSPHATE IN TllrCKST. This industry has never recovered from tho cyclone of 1803, and J fear never will. Wo havo no longor a monopoly of tho business, and tho dis covery of phosphate rock iu Florida, Tonnessoo and Algera has made com petition very lively. Tho report of Phosphate Inspector Jones is gloomy and discouraging, but I fear Mr. Jones takes too posimistic a view of the situa tion. Tho Stato rocoivod from January, 1894, to January, 1895, $02,898. :i0, which was placed to the account of tho sink ing fund. From January. 18115, to Janu ary, 1890, the receipts wore $91,5:12.27, which also placed to tho crodit of the sinking fund. Besides thoro was $4, 158.92 received in November and De cember last, which was placed to tho credit of tho gonoral account In the troasury, making in all $05,601.19. Thoro is now duo and unpaid by tho phosphate companies tho sum of $14, 019,55 royaltv upon rock actually mined and Bold. This added to the above amount gives $109,710.74, tho amount that should havo boon rocoivod from January 1st, 1895, to January 1st, 1890. representing an outpout of 219,420 tons, riiophosphato royalty rocoivod for the fiscal yoar ending October Hist, 1892, was $152,280.40. This upon a royalty of $1 por ton. Upon tho satno royalty wo would havo recoived for tho past fiscal yoar $219,421.48. It must bo taken into consideration that tho Stato r'oceivos royalty only from rock actually sold and dolivorod, and not from that actually mined. Wo are dependont upon tho honesty of the compauloB and tho ability of tho phos phate inspector to ascertain tho amouut paid and rocoivod for tho rock for our estimate upon which to claim royalty. Last yoar was a disastrous ono for phospbato and fertilizer, companies ovorywhoro, caused by short crops and still shorter profits. Unless tho situa tion has greatly changed sinco my In spection of tho phosphate interests last spring, I am satisfied that it would bo, unwise in your honorable body to accept the recommendation of the Pn08 phato Inspector to reduce tho royalty to 25 cents per ton. I havo hoard of no complaint from the phosphato com paniet? on account of tho royalty, and I am r;;tisflod it rs low enough, for tho i preseut at least. Thore is now duo and unpaid by phos phate miners ioyulty of ti\o past and Iirevtous years to tho amount of $18, ?04.70. This amount should l>^o boen paid into the troasury, and I >*}m? (tressed upon the oHuers charg /'th Us collection the necessity of rcy rlojj 5 Its prompt paymont. The companies aro all under bond, however, and danger need be feared as to its ultlm payment. i charitable and PENAL INsii' tion8. It is always a pleasure to tho ox ccutivo to visit the State hospital for tho insane. This institution is manag ed and conducted in u manu*-!-* that I must 8atlfy tho most hyporcritioal. I WhUe the amount of tho approprla ; tion asked for is apparently greater than that for tho proccdiug year, a study of its dcta'ls will show that a reduction has boon mudo In tho per capita maiutonancc from $12*1.37 last, vear to $11(1.7(5 for tho presout yoar. You will soo from tho recommendation of tho board of regents that an oll'ort was mado during the past year to pur chase tho Walluoo property, consist ing of 108 acres of land, adjacent to the hospital. Tho price agreed upou was $25,000, which tho regents expect ed to puy out of the sum appropriated for tho maiutonanco of tiio institution, covorlug a period of oight year. I could not concur in such an arrauge mont, for tho roason ?hat I boliovod it unwise to ostublii b tho precedent whoreby tho boar of any Stato In stitution could im ?set' tho puhlio debt of tho Stato such an umount without oxpress authority from tho general assembly. If tho board can pn i chase sucli an umouut of proporty upon no othor authority than thoii* oy< x, thoy could to an unliuutod am lunt Involvo tho Stato In debt. I deem, it advisable tx> purchuso this proporty at tiio proscnt timo for tho roason that it will bo absolutely necos sary to tho needs of the institution in futuro, and 1 am sutiiiod to wait, for that omorgenoy would ontail upon the Stato a cousldorablo amount of in- . crease in the. value of tho property, which is within tho city l.wnits. 1 have ' such groat respect for tho judgmout and ability of tho superintondont and treasurer of tho institntion as to un hostatiugly ondorso their rccommonda tions. Tho urgent necessity for a brick building for tho conlinumcnt of tho colored iusuho will, I urn suro, impress itsolf upon your judgment. It is unjust, and, to say tho least, in humane, to conlino these uufortuuato in a Qretrap or place of torture, as tho prosont quarters now scorn to bo. Tho hrick have been manufactured and everything is in roadinc3B for tho buildor. During tho past yoar a vacancy occurred in tho ollico of second assistant physician, caused by tho resignation of Dr. W. A. Kirby. It Is a matter of congratulation to the Stato and to tho institution that I was so fortunate in stcuring the services of Dr. Sarah Campbell Allen, to till tho vacancy. Dr. Alluu is a South Caro linian by birth, and the ablo manner in which sho performs tho duties of tho position, and tho lovo borne her by tho female inmates proves tho wisdom of placing a woman physician in charge of these unfortunate patients of her own sox. 1 coiumond to your careful considera tion tho carefully prepared and in structive report of the superintendent of this institutiou. STATE PENITKNTl A KY. Tho report of tho superintondont and board of directors of this institu tion shews it to be in a healthy, suc cessful and sound financial condition. Tho number of prisoners con 11 nod dur ing tho last Dsoal year is 72 loss than for tho previous year. This is ddo to tho seutoneiug of short term-convicts to the county chain gang, it is to bo hoped that tho number so sentenced will increase to such an extent as to allow all convicts sentenced to the penitentiary to bo employed within the walls or upon tho farms operated by the Stato. Tho practice of leasing convicts to private parties is objection able to tho people of the State and liable, to bo abused. In ouo case, iu the county of Oconoe, I was compelled to order out tho militia for the pur* pose of protecting a convict who had been assigned to a private contractor within that county. -Tl*o people be- jg uame Indignant at tho liberties allowed a convict who deserved tho severest punishment. I desire to say, however; that this was caused by a guard acting without authority and not from any order of tho superintondont. When called to tho attention of tho authori ties of tho penitentiary the oonvlot was promptly convoyed to and confined within tho walls of tho prison, I regrot to soo it want of ? armony among tho board of direotot s as will appear to you from tho mil. ty report sub mitted by Mr. Willoi lhy. Tho mat tor submitted in si i {report were called to my attontio i, und I mot with tho board in order to .-co tout every means aud such information as tho books afforded wore given Uyj b. ord for heir direction. Air. Wllloughby was appointed a committee of one to inquire Into tho contracts made by tho superintendent, and to correspond with dealors throughout the United State? witli a view of obtaining sup plies for tho institution at as low a price as possible. 1 have not received his report on account of my inability to attend tiio last meeting of tho hoard, but I am satisfied it will ap pear upon tho minutes duly record ed. I would respectfully recommend, however, that your honorable body appoint a committee to investigate tho affairs of this institution in deference to tho request of Mr. Wllloughby, and make thoir report at this session. By reference to tho report of the superintondont it will bo scon that tho institution commences tho new yoar with $15,095.87 in cash and supplies. With reasonable good fortune wo may expect at tho end of too next fis cal yoar a revenue to tho Stato of $25,000 from tho net earnings of this institution. Tho salaries of the ollicors for the past year have been paid out of the Stale treasury, and would havo been refunded but for tho roason that wo deem it Inadvisable to soil tho crops on hand at present prices, with a possibility of being compelled to buy other supplies latter in Abo yoar at higher prices. This will not bo neces sary for another year. Tn this connection I desire to call your attention to tho agreement bo twoon this institution and tho Colum bia Electric Street Hallway, Light and I'owor Company. Whon tho Stato transferred the canal to tho Columbia Power Company it reserved ?oo water horso-powor. This was disposed of undor this agreement as follow.-, : Tho company agreed to take the 500 Lfirso powor and fully dovolopcd ltJ/^and turthor agreed to pay tho Stato #2.500 for tiio same, with proviso that upon demand tho company would deliver power not exceeding loo horse-pownV a', any point within the walls of tho ponitcntiary desired by tho superin tendent, delivered froti electric gener ators or in such other >? . . rtrt ? company should el and benefit of (f^ l rato of $5 pc# -Hi Duo noticqjT/ president X perinton#^ this pow?k' llvored wi tontiary a (oont'