University of South Carolina Libraries
-??. > ? . ^?1-?- . 1 ?"Mrmh - _ V VOL. XI. LAURENS, S. C, TUESDAY, FEBRUARY 11, 1896. NO. 28 ? i ??-??-'??? The General Assembly. WHAT IS GOING ON IN COLUMBIA. The Logislaturo Goto Actively to Work Aftor A Short Racess. The- General Assembly did not ac complish a great doal prior to the rt coes, as the committees wor3 cousidcr ing the various measures bofore them, but thoreal work of the session bus bo 'gun In oarnest, und an adjournment is expected in two or throo weeks. THK STATK TO LKN? MONKY. In the House, Mr. Gray's bill to au thorize the sinklug fund commission to lend the sinking fund on the security of tbo valid bonds of the State, when the bonds cannot bo purchased at par, was called up out of its order, Judge Towns*, nd saying that there was a large amount of money lying idle, which should be utilized. Mr. Gadsdon moved to strike out tho enacting words of tho bill, saying it was very dangerous for the State to go into tho banking business with tho credit of tho Stnto. This fund was put aside as a guarantco for the security of tho State's bonds. It was wrong to touch this fund in any way, shape or form. This schome would allo v tho Stato to run tho risk that a bank does. Securities aro liublo to depreciate and the fund may bo endangered. It is not Cortain that the Statc'would always have such an honorable gentleman for Stato troasuror as she now has. ? It was putting too much power in one man's band?, and opened tho gates for gigantic defrauding of the Stato. Tho bonds themselves would bo endangered. Judge Townsend said there was no foundation for his friend's objections. Ho said Mr. "Gadsdon thought evi dently that tho board was incompetent to take oare of these funds because tho Governor and other Stato officers wore members of tho hoard. He read from Governor Kvans' | message on tho sub ject, and tbo House then refused to strike out the onueting words. Mr. Gads-den was about to offer an amendment that tho loans should not exceed 90 per cent, of the par value of the bonds, when Jtudgl Townsend mov ed to table it. Mr. Patton wanted to know what was the objection to putting in a minimum rate of interest. No one could offer any, and bo suggested that it bo fixed at not loss than (> percent. Mr. Gadsden's amendment was then taken up, and he spoke to it. Ho said that the treasurer should be told that there was a limit b/yonl which ho should not go. Mr. Bowman said ho could not seo that this was a banking business. Mr. Patton suggested that If they met'ut that only the last issue of bonds should ho allowed, as securities, they should say bo. The House tabled the Gadsdon amend ment by a voto of 42 to 19. Mr. Patton moved to amend so as to fix tbo rate of interest at not less thau 7 per cent. Ho said money was worth 7 per cent. Mr. Townsend said they would have to lend tho money for short periods or on call. Ho moved to table the amend ment. Mr. Manning suggested that tho amendment he changed so as to road 4J por cent., as it was hard to got. I He said that Mr. Townsend said tlioy would loan on cail. The opportunities, not for fraud, but for partiality aro too strong to bo placed before any man. Under the bill us it reads it puts a premium on favoritism and partiality. Tho Patton amendment was killed by a vote of 47 to " no further count de manded." Mr. Manning then offered an amend ment to make it 4 1-2 per cent, and limit the loan to one year. Mr. Town send mo7ad to table the last part, and aftor tho motion was voted down uy a viva voco vote, a divisiou voto was taken, this clause being stricken out b/ a vote of Ii!) to 2?. The 4 1-2 per cent, provision was thou adopted. Dr. VVyche said he couldn't under stand how, if no limit was put on, tho Stato could ever buy her bonds in. Ho thought this was opening tho doors to partiality. Captain Harry said tlioy wanted to provide for tbo overtlow of tho fund, which at tho rato of $75,000 a year would become cumbersome. Dr. VVyche said that ho wished to know how tho State would secure funds to purcbaso the bonds, if this money was out on loans. Mr. Mellett asked for tho roll call on tho passage of tbo bill. Tho vote re sulted as follows, the bill boing ordered to a third i ending : Yeas? -Anderson, Barry, Bowman, Bunch, Burns, Carroll, Caughman, Conner, Li. S ; Conner, J. B.; Crum, Davis, 6. M.; Davis, W. C; Duncan, IjJ'lwards, EJldor, BJllerbe, Garrls, Gary, Gfiston, Goodwin, Hammott, Harvey, riasofden, Hollis, Holloway, Hough, Ildi.rton, Johnston, Johnson, Kennedy, Kinard. Kirk, Lancaster, Hove, Magill, Manning, Mehrten?, Meilard, Miller, Miles, Mitchell, T. P ; Mitchell, J. W.; Moore, McKeown, MoLaurlti, D. W.; i Nunnery, (K?e, Phi lip;, Hyatt, Hains-! ford, Hast, Rowland, Sanders, A. K ; ' ' Sbunrtan, Sturkle, Tatum, Thomson, I Todd, Townsend, Thurmond, Wallace, j VVarr, Williams. T. S.; Williams, John CM Williams, Prod; Wolf, Wyoho.?08. j N lys?B teot, Davtireux, Dotbago, i Fowler, Gadsdon, Gregory, Harper,! . Hielt. Lofun, Mel ett, Patton, Wes ton.?12, The bill as it passed roadsas follows : section 1. That the sinking fund com mission be, and aro heroby, authorized, when mi.?? to purchase tfio Stato bonds at par, to lend tho sinking fund at such a rate of interest as may bo agreed upon between them and tho borrowor, not loss than 4 1-2 per centum por annum, on the security of tho valid State bondf sutltoient to cover the loan and interest at the par valuo of the bonds, tho bonds to be deposited with tho Stato treasury as security for tho loan, and as collateral to the personal obligation of the borrowor to be taken by said commission showing the terms and maturity of tho loan. . Seo. 2. That'this act shall take effect immediately upon its approval. TO KORKKIT CHARTERB. Tho bill by Mr. Haseiden to provide for tho forfeiture of charters of rail road companies charging higher rates . for the transportation of passongers and fieight than those fixed by tho' Railroad Commission, came up, and Mr. Oadsdon thought it Unnecessary in vlow of the faot that tho Supreme i hihi of tho United States had al ready decided that tho commission had suoh powers. I Mr. Woston in. speaking against tho measure, said that id the first place It proposed to take away from' tno rail roads the power to appeal from any decision >f tho board. This wae un just. Railroads should have the same right to appeal to a court of justice as any individual. , Mr.. Shuraan favored striking out tho enacting clause of tho bill.' Ina dispute between railroads and the ; commission this bill tvould prevent ' them from appealing to the courts ol 1 the eouotry? tho tribunals established I to deoide any suoh controversies a? may arise. Mr. Shutnan held that we had all the laws necessary now to oarry out the terms of tho proposed bill. Uo re I viewed at Borne lenvth the railroad law and spoke of tho fuct that although railroads might not a. ways be just, still the Legislature iu legislating for tho whole people could noi in a spirit of vindiutlveness pass such an UDjust and unconstitutional law. 1 Mr. Haseldon in speaking in favor I of his bill said that being a plain farm j or ho did not feel equal to answering the arguments of the attorneys who opposed him. They argue that the bill 1b not nocessary. If It is not will it be a hardship on the railroads V Next it is claimed they are not allowed to go to tho courts. The Attornoy Goneral is instructed by the bill to go to tho oourts in order to forfeit the charter. If we are destroying or con fiscating thoir property then it is shown in the oourts and the Attorney General fails in his efforts. The rail roads have withdrawn their opposi tion, but it was only after they had to do so and they saw that the people would throttle theso monsters. Mr. Haselden then quoted compara tive figures to show that railroads chargod $17 per car load in this State whon in other Southern States it is only $14. The railroads are dodging. Thoy claim to have submitted to the terms of tho commission, but as a mat ter of faot tho ratos are about as high now aa over before. When it comes to paying taxes they make aflidavits one way whon it suits thorn and anothor way whon It suits them. This measure is only intended to give the commis sion powor to enforce their rulings, if we don't give them this power why have tho commission and pay their salary? Why not abolish the com mission ? Mr. Thurmond thought the bill ought to pass because we need somo radical legislation along this line. When rates aro fixed, tho railroads keep on appealing even to tho United States Supremo Court. What wo want is some prompt, sovereign remedy. It is not intended to keep from tho railroads 'any of tho rights now had by them. It will only compel them to como to timo quickly andjre spect tho rights of tho people Mr. Wycho said ho disliked to op pose the bill, but it seemed to him it was putting too much power in tho hands o( three men. They should have some court of appeal?say the General Assembly. It did not look to him to be just. Mr. Duncan said tho plan now used by tho railroads was to apply for an injunction. Under thlj bill they will have first to prove that tho ratos made by tlio commission are unjust and will not compel the Stato to do so as at present. Mr. ration gave it as his opinion as a lawyer that tho roads whicu did not put iu the rates of the commission would ut once forfeit their charters. He didn't bolicvo tbcbill was consti-i tutional, hut, leaving that out, ho i thought it most unjust in that no rule should be mado to apply to corpora tions that didn't apply to individuals. Mr. L. J. Williams said that ho would never raise his voice against railroads, but ho would not sit here aud soo them run roughshod over I South Carolina. It was either repeal j the commission or the railroads. Laws i aro made for individuals and if thoy are outraged they havo a right to ap peal to tho courts. As he understood ! the law it was provided that the rates ol tho commission should go into of foot and if they could show that they werounju.t thoy had the right to go j to tho courts. Mr. Pattou in answer to several sido questions by Messrs. Thurmond and Httinsford said he was not opposed to the commission, but ho said that he didn't believe in forbidding the roads appca ing to the courts, the right al- ' lowed tho humblest negro. Mr. Skinner favored tho bill and : thought itgavo tho railroads all rights of appeal. Mr. Watson said U e question re solved itself into this: Shall the creator create a bigger affair than It- \ sell.? If charters are granted by the | General Assembly sbouli It not have powor to control thorn ? If tho rail roads would recognize the rights of our commission and our own courts aud not disregard tho right* of the people ho wouid be willing to meet them half wa/. Mr. Bacot said tho ohj-.-ct of the commission rightly was to control and reguluto the roads but not to crush thorn. But this bill with ono blow would destroy thorn, if thoy should disregard tho regulations, and the rords would have no hearing in the courts. Mr. Magill called for tho previous question. On a voto tho House re fused to strike out the enacting woids. Mr. Shuinan offerod tho following amendment: Amend by inserting on lino 5 Of section 2, after tho word "charter," the following: Provldod, That any railroad against which such proceedings havo been instituted may preventsiicli forfeiture by allowing to tho i atisfsction of tho court that tho rateF fixed by tho railroad commission are not just and reasonable, and it shall bo a complete defense to such proceeding lo show that such ratos aro not j e t. ami reasonable. Tho amend ment was tabled by a voto of 59 yeas; noes not counted. Mr. E irlo movod to amend as fol , lows : " Add after 'commissioner' or I adjudicator to bo rcasonablo and just , by a competont court." . i Mr. Patton ofTorod thq following substitute : 'Unless such rates shall be ; thereaitor determined upon appeal to ; be unreasonable. Mr. ration's substitute was adopted by a voto of 4il to JjO. The bill as amonded was then or dered to it* third reading as follows: Section ' Th no railroad company chartered and doL g busiuoss In this State shall charge any higher rates for the transnortatlon of passongers and freight within this State than thoso already or hereafter flxod by tho Htilroad Commission, unless suoh rates shall bo thereaitor dotormlned upon appeal to bo unreasonable. Section 2. Any railroad company violating tho provisions of this Aot shall thoroby forfeit ite charter, and tho Attorney General Is hereby au thorized and directed to procoed forth with to havo such railroad corporation liquidated according to law, and to institute all proceedings necessary in consequence of the forfeiture of suoh charter. Scotlon 3. Tht? Adt shall go Into effeot immediately upon its approval by the Governor. PASSENGER FARES. Mr, Garris's, bill making tho first class passenger fare on railroads throe cents and second class fare two and a half cents was taken up. Mr. Garris contended that this bill ought to pass In ordor to give the Commission power to enforce their rates. . Mr. Thomas moved to strike out the ' enacting words. Tho Commission has ? the power now to regulate the rates 11 and thoy have ample power to ookiro* f tho rates provided they avo just and I reasonable. it Mr. Miller said he was a friend of I railroads, but ho wanted the rates i made definite and llxed and for tho i Railroad Commission to have power to enforce them. Other Southern 8tates have a three cents fare, and he could see no reason why old-established roads I in this State should charge four. Mr. Gadsden spoko of tho (act that none of the railroads are paylug dlvi donds,and the property is unprofitable. Tbere was no iustunoe wbero roads had restated a single passenger rate of the Commission. Then why this bill ? Re was glad to bo a representative of the railroads. They havo spent enor mous sums in the State, have built it up and pay taxes, and they have rights t'ust as much as anybody. The time for lostile railroad legislation had passed, and they should be fostered and pro tee tod. Mr. Garris said he had no idea of oppressing the roads, but was glad to stand on this lloor as the representa tive of the people. Mr. B. J. Johnson said the reason the roads didn't make money was bo cause they were buying up other roads and are forming gigantic corporations to oppress tho people. Mr. Townsend, in explaining the fa vorable report on tbo bill, went on to take the Southern Railway as an exam ple, showing that three cent rates were charged in North Carolina and Geor gia, and they couldn't see why the same thing could not be done In South Caro lina. It Is a legislative question, and does not become a judicial question uutil the rates were made so low as to amount to a practical confiscation. He held that none of the systems in South Carolina wore poverty-strlckon, and they can oporato undor this rate and still make mouey. Mr. Bacotsaid he was always opposed to what is known as govorning by in junction, but It was just such iron clad measuros as this which enabled those opposed to us to resort to it. Ho wont on to say that unless our railroads aro fostorod and protootod they would he bankrupted and our people would bo deprived of those advantages in con ducting business. Mr. L. J. Williams, while expressing sympathy with tho measure, thought it was wrong, because ho thought tho Commission should act in theso mat ters. The law passod last night on tho subject is amply sutliciont to accom plish what was wanted. Mr. Caughraan in speaking of tho povorty of railroads, said thoy would always bo poor if thoy kept up their present tactics. They should conduct thomselvos on tho same business prin ciples as farmers and merchants. Mr. Sturkio favored the law because ho could see no reason why wo should pay more than tho people of North Carolina and Georgia. Mr. Pntton said he'didn't believe in doing work that propurly belonged '< to tho Commission. TL bill was then \ ordored to tho third reading. Tho bill reads: Section 1. That from and after the passage of this Act the rates for the transportation of passengers by rail road companies chartered and doing business in this Stato shall be, for first class faro throo (3) cents per milo every mile traveled, and for second class faro two and one-half (2 1-2) cents per milo for overy milo travolod; and shall sell first and second class tiekots: Provided, This rato may from time to time he altered and changed by tho Railroad Commission, as to any railroad or railroads, as in tho judgment of said Railroad Commis sion tho circumstances of such rail road or railroads may warrant or re quire Section 2. Any railroad company charging higher rates for passenger transportation than those herein fixed, or such as may be hereafter fixed, by tho Railroad Commission, shall suffer all tho penalties provided by law. Section 3. Nothing herein contained shall prevent any railroad eompany from selling excursion tickets and inile ago tickets of not less than one thous and miles for lower rates than thobo heroin fixed. Section 4. All Acts or parts of Acts inconsistent with this Act aro hereby repealed. THE "JIM GROW*' CAR KILL. Mr. Otts' '"jlm crow" ear bill was called up. Tho Rouso had passod it last year and sent It to the Senate, which body killed it. Tho bill was re ported unfavorably. Mr. Skinner thought It would inflict hardship on tho railroads. Dr. Wycho said that tho constitu tional convention had emphasized the fact that the two races should bo kept apart. Ro had voted against tho bill, but proposed to voto for it now. The Stato should enact such laws as would forever kebp down social equal ity In this State. Judge Townsend said a number of railroad mon had come before tho com mittee and he dotailed tho disadvan tages that would arlso under tho ope ration of tho law. Mr. B. J. Johnson said It would nost little to make tho necessary changes and the fair women would not be sub ject to humiliation by compelling them to ride in the same car. Mr. Otts said the bill had boon dis cus8sd and passed by this House on more than one occasion and it Is un necessary to go over' the argumont again, rio called for the ayes and noes on ordering the bill to Its third roading. The result was, ayes 68; nays 32. SUNDAY FREIGHT TRAINS. Mr. Johnson's bill to prohibit the running of freight trains botwoon 12 Saturday night and 12 o'clock Sunday ? night, came up, and Mr. Manning I moved to sinke out tho onacting words. Mr. Johnson said that tho law as1 It now stands is a doad letter and ho wanted to amend it so as not to allow any freight train to run on Sunday whother there is perishable fruit to be handled or not. II o thought the law a lust and right one In tho Inter est of the railroad workmen. Mr. Johnson made a very earnoat speech In favor of the proper observance of the Sabbath. Judge- Townsend said the committee took the view that there was alroady' suftlolont laws on this Subject and read the present law. Mr. liaoot hold that if it was wrong to run trains of any kind on Sunday it was wrong to run them for any cause. Mr. V. S. Wllllums spoko against tho bill. It was a work of necessity that fruit should be shippod at onco and it would oauso a groat loss to fruit growers. The ayes and noes wore /loraandod on the motion to indefinitely postpone the hill, resulting in the refusal to postpone by 'a vote of 33 to f>3, as fol* lows: Yeas?Adams, Anderson, Ashley, Brea/oale, J. B. Connor, Cooper, Crum, C. M. Davis, W. O. Davis, Kaden?, Oadsden, Gasten, Gregory, Haseldon. Hlott, Hollo way, Kennedy, Kirk, Lofton, Magill, Mohrtons, Mel len, Phillips, Pyatt, Rast, A. K. San ders, Skinner, Townsond, Weston, T. 8. Williams, John G. Williams, Wilson, Woiff, Wyohe-33. Nays?Black wul), Biwiuau, Dram lett, Bunch, Burns, Carroll, Caugu Dian, Edwards, Floyd, Fowler, Garris, Goodwin, HammuU, Harper, Harvej, Hollls, Hough, Humphrey, Ildortou, Johnson, Ktnard, Lancaster, Lammon, Mellard, Miles, T. P. Mitchell, J. W. Mitcholl, Moore, Murray, Molntosh, McKeoVvn, D. W. MoLaurin. McSween oy, Nunnery, Otts. Piokens, Price, Prloco, Uuitibford, Rowland, Shuman, Sturkie, Tntuni, Thompson, Todd, Warr. Watson, Woloh, Whltmire, L. J. Williame, Prod Williams, Wy man?53. Mr. Gadadon spoko of the, hardship the law would Inllict on truck growers. Mr. Watson didn't seo why fruit and truck could not stay on the vine or tree one day and stand over until Mon day. Judge Townsend eald as far as In ter-State commerce is concorned, the law will be' unconstitutional, and that It would discriminate against our own citizens. Mr. Towneend at the night session reiterated the opinion that the law would be unconstitutional, but as far as he could see there was just as muoh harm in running pasBonger trains on Sunday, yet no effort is made to stop them. Mr. Udorton said the queston was simply between a man and his God, and whether the General Assembly would countenance a sin. It Is our duty to put our foot on every evil whether tho Supremo Court says it is unconsti f tional or not. Mr. Skinner referred to the fact that a number of people had entered busi ness as truck growers with the under standing that they could ship their products any day or any time and It would bo bad faith to shut them off. Mr. Price thought It a good bill be cause it is in the Interest of humanity and will work no hardship on tho peo ple. Ho assorted aa a fruit growor that fruit could be pulled a day in ad vauco of or a day after Sunday without injury. Mr. Wyche said ho had hoard so many sormons on this subject that he bogan to doubt whothor ho could drive a horse on Sunday. Is It right to run mail trains on Sunday? Why not raiso that question ? It socins that membors want to go back to tho old Bluo laws. It will ruin truck growors. If you aro going to legislato morality why not puss the ''cussing bill." He would vot.o against it in tho interest of truck growers?men who make their living out tho soil. Mr. Warr held that tho man who would load a train on Saturday night was responsible for tho violation of tho Sabbath. Mr. Prod William? uaid he had lived in Texas whore neither pawsongor or freight trains wore allowed to run and ho heard nothing about tho law eou tlicting with inter-State coramoroo. If you pass this law the groat Jehovah : will malco arransromeuts that 11, j fruit shall bo protected until it can be pulled. Mr. Josh Ashley held that it was just as much harm to drive a horso fifteen or twenty miles as it was to rim a ' freight train. The whole thing is bosh, i Let us clean up around our own homos I hoforo wo go and try to clean other people's places. Mr. Ti S. Williams spoke of what fruit would bo injured and showed how the fruit growers would bo injured. Tho ayes and noes were demanded on the motion to st'Iko out tho enacting i words resulting Ln tho rejection of the bill by a vote of 40 to 41. PKNSIONS KOK OONPKDKUATES. Tho Senate had under consideration the bill to amend the taw in relatiou to pensioning soldiers of tho Confeder ate States. Mr. May Held oll'ored an amendment to the ponsion bill, changing the ap propriation from $100.000 to $75,000. Mi\ Pinloy hoped that the amend ment would not prevail. The sum of $100,000 had been decided on by the unanimous vote of the joint finance committees, as that which the State could allord to pay. Tho subject had been very carefully weighoO and tho committoo only regretted that the Stato was not in a position to givo more for those who risked all thoy had In lifo for the honor of the State. Mr. M^y?old believed tho $25,000 additional was a liberal increase and he thought it would do tho desorving ones raoro good than If $100,000 was given. Experience was that by open ing tho doors too wido undesorving ones would flock in and cut dowathat going to the needy ones. At this time whon thoy had been increasing and taxes were heavy, Senators should bo care ful about making too hoavj an inoroaso in one diroction, if we could stand $25,000 increase this year, ho would favor giving another $25,000 next year, and mo on till $150,000 was given. Mr. Moses, as a member of tho fi nance committoo, desired to Htato that thoy thought this wuh tho least they could do and oboy the constitutional provision requiring a liberal appropri ation. They thought $100,000 too lltt'o, but tho best thoy could now do. Mr. Urown was opposed to tho $100, 0U0, but thought there wore cases of needy soldiers and their widows which thi? bill did not roach. Ho favored giving somothing to tho many, rather than more to the few. Mr. Pottigrew hoped tho orlglnul bill would pass. Ho related how he had started a movement for ponslons in Darlington County and sent to the Legislature the first petition that had boon gotten up asking that pensions I be granted to needy Confederate sol diers. Give tho old soldiors this $100, 000 and not a dollar will go amiss and not a man In tho Stato will protest. Mr. Norrls?Mr. Proaidont, I movo to lay tlio amendment of the Senator from Ilarnwoll on the tablo. Carried. The bill was passed to a third read ing, with notices of amondmont. The soveral section as amondod aro as fol lows : Section 989. Tho following persons, soldiors and sailors, now citizens of South Carolina, who worein tho Bor vleo of the Stato or of tho Confederate States In the lato war botweon tho States, shall beontitled toreceivo-from tho troasurer of tho Stato a monthly payment of four, six andoight dollars, I I to bo paid in too manner and on ttu> | torras and conditions hereafter set . forth. Section 940. In order to obtain t.ho I benefit of tola chaptor, such soldier or sailor mutt show : First, that be was a bona fido soldier or sailor in the servlco of tbe State of South Carolina or of the Confederate 8tates in the war between the States; second, that while in suoh sorvioo be has lost a leg or arm or received any wound causing a permanent disability, incapacitating him for earning a livelihood ; third, that neither himself nor his wife is reoeiving an income oxceoiing the amount of $260 per annum: Provided, That the word Inoome shall be held to inoludo anyamount received as wages, salary or from any other source. And all such porsons shall receive as pen sions $4 per month, to wit: All ox Confederate soldiers and sailors,'and the widows of such soldiers and sailors, who are residente of this State, who havo reached the age of 60 years and ? why are not reoeiving or enjoying the ? Uttortft.. of an annual income of $10< from anv source (b) All ex-Cotfederate soldiers and sailors who are residents of this State and who have lost oue arm or ono leg in the said servlco, 90 per month. (o) All ex-Confederate soldiers and sailors who are residents of this Slate and who have lost both arms, or both legs, or who aro physically helpless, shall receive $8 por mouth. (d) All ex-Con federate soldiers and sailors, in addition to said pension, shall be exempt from road or street duty or the paymont of a commutation road or street tax. ? Sec. 950. The State of South Caro liua shall annually appropriate the sum pf $100,000, which shall be ap portioned among the several counties in the proportion of the claims* ap proved in such counties, and shall be distributed as hereinafter provided. Sec. 951. On salesday in October in ovory year the surviving soldiers and sailors who wero in the service of the Confederate States, or of this State, in the late wpr betweon the States, resid ing in any county in this State, shall be authorized to meet in convention in the court house of nuoh county at 11 o'clock a. in., or such hour thereafter on such days as will procure as largo an attendance as may be had, and organize by electing a ohairman and secretary, after which they may elect by ballot two of their number, wbo shall receive a majority of the ballots oast in such election, who, together with the county auditor, tho county treasurer and a practicing physician, (the latter to be selected by the other members of tho board) shall compose a board of pension commissioners for such county until tho next ensuing elootion hereunder. After first being duly sworn fairly and impartially to discharge the duties herein prescribed for them to the best of their ability, and filing such oath in the clerk's oflico in such county, they shall meet as soon as practicable with tho county oxaming board of ponsions, and, with them, examine tho pension roll for such county, and shall select thero from such numbor of the most noedy applicants as will bo sufficient to con sumo the appropriation for such coun ty, allowing to each applicant so selected tho sum of throe dollars per month from such appropriation. In selocting such applicants for pension tlu said board shall have regard to thoir physical condition and linanc'al means, and also to the financial condi tion of thoir near relatives, und shnll, in every instance, select the most, help less and needy applicants for aid that can, in thoir judgment, bo found upon tho pension roll. A majority of the members present composing the two said boards shall ho necessary to de termine any matter presented to them, and a majority of each board shall he necessary to form said joint board. As soou as such board completes Its list as abavc they shall certify tho same to tho clerk of court for such county, ,who shall record the same in a '1st to be designated " Approved pen sion roll for 18?," and shall certify .such list to tho secretary of State, and such porsous shall constitute tho pen sion roll entitled to receive tho aid heroin provided for the ensuing fiscal year. If from any cause tho meeting herein provided for should not bo hold od salosday in October in any year, the same may be held on salesday in November following, and the actiou of such meeting shall bo as valid as if hold in Octohor. Said board, or a majority of thorn, aro to decide all questions relating to ponsions in their respective counties, subject, however, to tho right of roviow by tho Stato board. The compensation of tho two veterans and tho physician shall ho throo dollars each for each day's ser vice. AS TO LABOR CONTRACTS. Mr. Thurmond's bill to amend the law so as to iucicaso the penalty for tho violation of agricultural labor con tracts, giving jurisdiction to tho courts of sessions, was then taken up. Mr. Thurmond said that at presont the penalty was too light. Ho thought if laborers left thoir employers in busy seasons thoy should bo punished. If a few of them wero put on the chain gang it would havo a good effect, lie said the present penalty of 30 days had no effect." Mr. lireazcalo thought that the passage of this bill /ould mean giving the strong powor to oppress the weak. Mr. Manning opposed tho bill on the ground that transferring tho jurisdic tion would cost too much. Mr. Lofton remarked that tho com mittee had unanimously reported tho bill unfavorably. Mr. Broazealc moved to indefinitely postpone tho bill, and Mr. Thurmond demanded tho roll call on this. The bill was indefinitely postponed by a vote of 74 to 18. THE RAILROADS AUAIN. Mr I (list's bill to regulate tho hours of labor of trainmen on railroads in this State and to provide for the viola tion of the same was called up, and Mr. Manning wanted it to go over, saying ho thought they had enough railroad talk tho preceding day to last for a spell. He said tho railroad men had been before the committee, aud tho bill would do no good. Mr. Hast said this was a oopy of the law in Georgia. Hallroad moo had askod him to introducosuoh a measure. Those men needed tho protection badly. Ho was not in favor of oppres sing tho railroadb. Some railroad I employes wero anxious for this hill. I Thoy wero badly oppressed and afraid , to say anything, bocauso thoy wero afraid of bting blacklisted by the bopses. Ho know of instances whoro train dispatchers had boon kept on duty for two dayp. Judge Townsond said tho comralttoo had decided to let tho houso discuss tho bill, though its sentiment was against the bill; hence they had made no report. Thoy would prejudice tho very class they wore desirous of protecting; em ployes wero paid by tho hour. So far I as over work was concerned, it was ; easy to seo that tho roads had ovory I thing at stake in seeing that the men were wide awuko and attending to duty. Ho thought thoy woro going Kin fur legislating to booomo special guardians of ovory class of citizens. Soon thoy would heg in to tako euro of the lawyors ovon. Mr. Mugiii suid ho had nevor voted for any legislation that would ho op pressive to any railroad corporations. This hill will result in great benofit |9 any oppressed class of people. Em ployes of the roads darod not oorno v> tho legislative committee and say any thing. Conductors and trainmen had come to him and begged him to In troduce such a measure The employes had a right to come up and demand protection. Thoy did not ask South Carolina to act as their guardian. A man must have Bomo rest in tho course of 24 hours. Judge Townsond?Would you vote to regulate tho hours of farm laborers ? Mr. Tutu in said ho too had been ap 1 proaobod by omployos of tho roads, if the roads didn't objoot to tho bill why did they havo their counsol before the committee ? Judge Townsend?I move to recora ? mit tin- bl ! to tho committee to give i the employes a nhaneo to appear. Dr. \Vy?!uo?alu if railroadmen wore so oppiessou. why ''idu't they quit ? ? working on tho rullrjads and go to j work on the farms. Ho called this modiciuo leg's! at loo. Thoy had too .much law in this State. He thought one General Assembly in four years ! 8uh1elont. Even the Supremo Cohrt I didn't know what the law was. Tho great trouble was that the State had too much law, und too Hltlu 'jbediunco , to law. Ho would liko jo take caroNof and givo sympathy t> every bard worked man. He pictured the oVor worked doctor, up for 24 hours without hope of pay. His sarcasm was retined and to the point. Ho doubted if thoy would accomplish what they wanted. Mr. Westen thought that it would result In a oalary reductiou. It was a contract entered into by tho men thorn solves. Mr. Bunch hoped that tho bill would be killed. Do did not want any man's privileges to bo abridged. If he wanted to work 10 hours it was no body's business. It soomed to him I they wore going into radical legisla tion. Judgo TownBond wanted to know, in (?n.se the law passed, -who was going to report tho roads for violating tho law. He withdrew his motion to recommit. Mr. Bowman said he wanted the travoling public protected. Mr. Rast replied to somo of the arguments made and then tue voto was takon, the House refusing to strike out tho enacting words by a voto of .'15 to 40. Tho bill was then ordored to a third reading in this shape: Section 1. That from and after tho passago of this act it shall bo unlaw ful for any railroad doing business in this Stato to requiro or permit it? employees, who aro engaged in the business of operating its trains over its roads, to make runs of over thirteen i hours, or to muko runs aggregating moro than thirteen hours in twenty four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destina tion ou schedule time, and no trainman, after having been on a run or runs for as much as thirteen hours out of twenty-four hours, shall be required to again go on duty until after ten hours' rest, except in case above stated. No employee of any railroad company shall bo deprived of his right to re cover damages for personal injury by reason of the fact that he, at tho time of such Injury, was making a run of more than thirteen hours, or making a run aggregating more than thlrtoc n hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours, boforo ten hours' rest. Section 2. That any railroad viola ing any of the provisions of section 1 of this act shall he subject to a forfei ture of not less than JSftt) nor moro than 1 $000. That, one-half of nil forfeitures collected under the provisions of this act shall bo paid into the Stato troas- ' ury, to the credit of tue school fund, and the other hall to tue informer. KM1?LO.YEES' RIGHTS. Mr. Thurmoud's bill to declare the 1 liability of railroads or corporations for injuries sustained by persons whiio ' in their employment was adopted a*s follows : ' Section 1. That from and after the approval of this Act, any person who whilo in the employment of any rail road or other person of corporation in I this State shall suffer any injury from I or because of any act or negligence on the part of such ra.droad company, or ( of his superior otllcer or agent in said J company, or of a person having a right ' to control or direct his service.-, shall have the same rights and remedies j against said railroad as now exist in favor of persons not employees. Seotlon 2. That any person who while in employment of any railroad ! or other corporations or persons shall buffer any injury from or because of ' the negligence of a fellow, servant en- I 1 gaged in another department of labor ' from that of the party injured, or of ' u fellow servant on another train of cars, or of one engaged ahmt a dif ferent piece of work, shall have tho I same rights and remedies against rail- 1 road or other corporation or person as now exist-, against persons not em ployees. Section 3. That tho knowledge by any cinployoo of railroad or other corporation or persons of the defection and unsafe character or condition of any machinery, ways or appliances shall bo no defenso to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsufo cars or onginos voluntarily operated by them. Section 4. That no contract, or agreement, exprossod or implied, by auy omployeo of a railroad or other corporation or person to waivo any of tho benefits of this section shall con stitute a dofonse to an action brought against tho railroad or other corpora tion or person by such omployeo or his legal or personal representative. Mr. Townsond's bill relative to tho suspension of certain public officers ! follows ,the new constitutional pro vision on tho subject, allowing sus pension in probable embezzlements, a trial and removul if conviction results. It was passod without dobato. THE PRIVILEGE TAX. Mr. Connor's bill to abolish tho pri vilege tax on fertilizers came up. Mr. Connor Baid that it was an imposition on farmers. The sum collected amount ed to from $17.000 to $53,000 yearly. Tho total BUm for the last, fifteen years was over $000,000. There is some merit in tho contention that tho tax 'should bo collected to pay for fertilizer analy sis for farmers nut it has been diverted from its original purpose?. The farm ers havo paid for Clemson College through this tax over $200,000. Are the farmers to bo taxed always to keep up OlemSOn? Why DOt tax the dudes on their high collars to support the "dude factory" In Charleston or the ladies on their millinery to support Winthrop or the professions to support the college at Columbia? So far as opposite- Clemson College is OOIlCOmod ho wanted It to ho distinctly Understood that ho was ono 01 its most earnest friends. Tho very first effort ho made In the Legislature was Jo abolish tins imposition. He knows it is not popu lar becauso Clomsor, gets tho money, but It is an unjust tax and should ho repealed. He would bo willing to pay a small tax for purposes of unaly/.ing but last year only 201? analyses wero raado whiuh cost only about $4,000. Mr Price endorsed what Mr. Connor had said and if the matter was looked at from a business rather than a senti mental standpoint it would quickly ho so <n that the tax as now imposed was A grievous burden. Mr. Haramottsald If a bill reducing tho tax had been proposed ho would have favored It. If the tax is abolish ed Clomson will havo to get an appro p 'latton and as far as ho had evor hoard n) farmor com pi aimed about tho tax. - Mr. Connor said should this bill p iss ho bad another whioh reduced the tax to such an amount as was suftlolont to pay'for inspection. The debate, wis adjourned. RAISES A RACKET IN CONGRESS. Ho Repeats Secession Utterance and Rffiiees ?" Retract Thorn? Barret ot Massa chusetts Takes Him to Task. At 12 o'clock on b'riday, tho Housoof Representatives was preeiptatod into the liveliest row that has been seen and heard on tue Uoor sinco tho early days of the 5lst Congress, which raged for an hour and a half and was ended by a reference of the agitating sub joot to tho Committee ou the Judiciary. Mr. Talbert, (Dem. of S. C). rising to question of privilege said : " It has been brought to my notice that I have been misrepresented by tho press of the couutry, unintentionally, '.have uo doubt, for 1 cannot believe that tho press of tho country desires to misrepresent members upon this floor. And in rising 1 do not rise to apologize for or to retract what I said on that occasion, but to re-oeho and rolterate every word and sentiment that I uttered on that ffScasion. On last Wednesday evening, when the presont bill was under discussion, tho gentle men from North Carolinn, (Mr. Pear son), saw proper, while making his speech, to go out of his way to un kindly criticise the State of South Carolina, which I have tho honor in part to represent upon this floor, the great and grand and glorious State of which I am proud, and a State that is as true and as loyal to tho dag to-day as any State in tho United states. In hiB remarks he criticised tho promi nent part that South Carolina took in the act of secession in 1801. In tho course of his remarks, as 1 understood him, ho took occasion to say that North Carolina had followed South Carolina out of the Union in secession and that North Carolina and South Carolina too had been whipped. As to that I have to say I have nothing to say. I only, in a jocular way, remark ed to the gentleman, that he was mis taken ; that South Carolina had never been whipped, that she wore herself out trying to whip tho other fellow. But when be said, in substance, that he was ashamed Of sueh action on tho part of hin State, I rose, possibly in an unparliamentary manner, and, in the heal of the moment, impulsively said that South Carolina was not ashamed of the part she took in it, that she was proud of it, and that I for ouo, en dorsed secession then, us 1 thought wo were right, 1 think so yet, and that under the same circumstances, sur rounded by tile s-.imo conditions, that I would do the same thing again. Now, Mr. Speaker, I repeat it? Up to this point Mr. Talbert had been attracting apparently little atten tion, but here he was interrupted by Mr. Barrett, (Hep. of Mass.), who called him to order and demanded that his words be taken down. Almost instantly there was much confusion on the Uoor, and a disorder which almost prevented Mr. Talbert from being heard to say : "lam willing, Mr. Speaker, for my 1 words to be taken down, and 1 propose to stand by every word that 1 ulter up- l m this lloor." The Speaker (vigorously wielding , tho gavel)?Tho gentleman will have to resume his seat. Whilo the words , were being transcribed, many He- , publicans endeavored to dissuade Mr. j Barrett from prosecuting his point of jrder, but unsuccessfully. When the j reporter's notes had-bten transcribed, j Speaker Heed said : " Docs the gentlemen from Mas- ( sachusetts insist that tho words shall uo taken down ?" I Mr. Barrett: " I ask that tho words , be taken down, because as i under stood the remarks of the goctlomen \ from South Carolina, his statement j was in direct violation of the oath that ( iio took at the bar of this House at the | opening of this Congress. (Applauso | ji\ Hopublioan side.) ( After the clerk had read the objec tionable language, the Speaker sug gested to the gentleman from Mas sachusetts that the gentleman was re peating v.l,ni Lo said previously for the purpose of making some modifica tion, as the Chair understood. Mr. Crisp moved that tho gentloman from South Carolina bo permitted to explain. This motion precipitated a discussion as to parliamentary proced ure, tho oxcitomont continuing to in crease despite tho efforts of tho Speak er to restrain the members. In its course, Mr. Barrett said : " I do not ohjoct to the gentleman from South Carolina (Mr. Talbert) at tho proper time, being allowed to ox plain the statement tsvice made by him with deliberation, that, under certain circumstancos, having taken the oath of office to support tho Constitution of the United States, ho would attempt to ovoi throw and humiliate it; but 1 do claim that tho rule doos not give any right to postpone tho present con sideration of the resolution which 1 propose to submit to tho House." The rulo regarding procedure in suoh cuses was discussed by Mr. Crisp with numerous interruptions and ques tions. Mr. Barrett explained tho sequence of what had occurred. He said : "On Wednesday night I was one of the few members of this House who, braving tho action of tho elements, wero pres ent at tho meeting here for the discus sion of tho bill now, or a few moments ago, under discussion in tho House. To my surprise, I heard tho remarks | made by the gentleman from South Carolina at that time and I supposed that some member, older and more ex perienced than myself, would take proper action on tho subject. But sev eral moments having elapsed, and, therefore, the point of order having become, properly applicable that tho attention of the House was not prompt ly called to the subject, I allowed it to Crop, thinking that perhaps the gen tleman from South Carolina had, In a moment of excitement, made a Btato mcnt of treason lo the Constitution of tho United States which sober reflec tion and time for consideration would prompt him to disavow. This morn ing, to my still greater surprise he arose and reiterated that assertion, that under certain circumstances?ho having within two mouths taken tho oath of cilice, carrying with it tho oath of allegiance to the Constitution of the United States?he would approve and endorse and participate in seces sion. The gentleman night have been allowed to proceed under tho ordinary interpretation of tho rule, if he had simply violated tho rules of this Mouse, ' under which he might vory properly have made immodiate explanation, for which tho gontleman from. Georgia might hnvo asked leave that he bo given time. Mr. Crisp's motion was Anally agreed I to and Mr. Talbert explained what ho ' called tho misinterpretation rather j than the misrepresentation of his re marks, by Baying that the circum stances and conditions' that exlated when South Carolina seceded could not and never would exist any more, and he was glad of it. (Applause.) He , added that while South Carolina Be* coded, as ?ho t hought It to be her duty ; with tho light before hetf Mum, it 1b ' j quito different to-day," and he did not say that he wished to violate the Kith amendment of the Cons'.ltutlon by ad vocating secession, because those olr eumstuuees and conditions oannot and never will exist again. At the request of Mr. Barrett, the clerk read the resolution offered by him which declared that tho words uttered by Mr. Tai bort "aro seditious and treasonable, in violation of tho oath taken by said gentleman at tho opening of this session, and thatsaid statement io hereby censured by the House, and that It be stricken from The Record." (Applause on tho Republican side.) Tho eonfusiou-and excltemont which had boon temporarily allayed,, were renewed, as Mr. Barrett endeavored to address tho House. Mr. Dalzell, (Hop. of Pa.), wanted to refer the mat ter to the Committee on Judiciary, and Mr. Cannon, (Hon. of II}.), to lay it on tho table. Tho latter proposition met cries of " No," on the Republican sido, and applause on tho Democratic side, and Mr. Boutello remarked: I think the mun who makes tuat motion ought to lie on tho table. Mr. Cannon?Oh, very well; I will make It when I get tho opportunity. Mr. Dingloy, (Rep. ?f Mo.), suggested to Mr. Barrett It would be well to refer the matter to tho Committee on Ju diciary and have It brought back to the House for deliberate consideration. (Cries of Yes and No.) Mr. Boutelle?We don't waut any lawyer's opinion on this quostion. Mr. Barrett?Mr. Spoakor, under ordinary circumstances any suggestion made to me by tho gontloman from Maine, (Mr. Dingloy), who Is vory prop erly and desorvedly tho loador of this sido of tho House would bo promptly acquiesced in by mo; but I desire to first ask tho gentleman from South Carolina a categorical question, his answer to which may or may not re move this matter entirely from the " consideration of tho HoiJso. 1 ask tho gentleman from South Carolinu, (Mr. Talbert) whether ho will rise in his place and distinctly, succinctly, and definitely withdraw any remark made by him on this lloor which carries with it, directly, or indirectly, any implied threat on his part, of secession, under any circumstances whether. (Dorisivo cries on the Democratic side,) Uuless the gentleman will withdraw his remarks and make an apology to the House, this resolution is going to be voted upon. (Cries of " No ! " Let it be voted on !" and " Vote, vote !") Mr. Barrett continued : "Tho great Democratic party on that side of tho House, by their gentlo shout of " No," advise the gentleman from South Carolina as their spokes man, not to withdraw his remarks, not to say that ho discluims any statement which gives the slightest color or inti mation of an intention under certain circumstances to load in a secession movement against the Government of the United States, which he has taken an oath to maintain. Mr. Talbert : I havo stated my position and have not another word to say. (cries of voto,l vote! on tho Re publican side). Mr. Barrett: Mr. Speakor, unless the gentleman from South Carolina iisko me to yiold to him in order that he may make such an apology, and such a direct retraction as is duo to the House?which 1 now pause for him to Jo?I shall move the previous question in this resolution. (Cries of " Movo it I" on the Democratic side.) Mr. W. A. Stone, (Rep. of Ponn.)?? If the motion for the previous question is voted down, will it not be then proper to refer this matter to the Committee >n Judiciary ?" Mr. Boutello?How does the Spoakor {now whether it will ho " proper" or lot? Mr. Barrett?Mr. Spoaker, in order mat there may be no misunderstanding, [ again ask the gentleman from South Carolina to retract or apologize for tho words which ho lias uttered, [disorder In the hall and derisive cries an the Democratic side). '<?' ? Mr. Dalzoll renewed Iiis motion to refor the matter to tho Committee on Judiciary, and it was agreod to?yeas 154, noes 41. A demand for the yeas and nays was made by Messrs. Barrett, Boutello and others, and seconded. Mr. Boutelle asked tho Republicans, who opposed the resolut ion, " Do you approve such language ?" and when several answorod aflirmativoly, said, "All right, you'll havo the opportunity to say so on tho record." The motion to refer was carrlod? yeas 200, nays 71. Mr. Henderson, (Rep. of Iowa), chair man, asked consent for the Committee on Judiciary to sit during tho session of the House, which was granted. Tho Houso then, after tho exciting episode of nearly two hours, resumed dobato on tho bond-silver coinage bill, entering into a unanimous agreement to close debate MouUity next with night and morning sessions until that time. The Talbert episode was recalled for a few minutes Oy Mr. Pierson (Rep. of N. C.) He explained that ho did not hear Mr. Talhcrt's stutoment at the beginning of the session, hut had been furnished a copy of it. Ho de sired to say that he could not havo uttered the sentiments attributed to him by Mr. Talbert to tho effect that he was ashamed of the part tMkon by North Carolina in tho war. To do so would be treason to his own blood and Stato. If the gentleman from Maine (Mr. Boutelle), and the gentleman fram Massachusetts (Mr. Barrott) wo ild leave the Southern Republicans alone to deal with their sister States ho would promise that if South Caro lina attempted another secession move ment, long before eitner of them could reach the scene, tno liberty loving Union Republicans of North Carolina woula go over uuJ whip South Carolina back into tho Union (applause,) and with a ,disclaimer of the words imputed to him bv tho gentleman from South Carolina, and in tho spirit of tho famous invitation N of the Governor of North Carolina to tho Governor of South Carolina, Mr. l-'earson expressed tho hope that tho matter might bo permitted to end hero. Mr. Valbort said ho accepetod tho invitation on behalf of tho Govornor of his State to tako a drink with any ro presontativo of North Carolina, but for himsolf, being a total ahstainor, ho I must declino. lie had heard tho dis claimer of the gentleman with pleasure and was satisfied to let the mattor rest. ?" When a man diessuddenly, with out having boon attended by a doctor," says a popular guido to tho law, " the coroner has to be called in and an In quest hold to ascortaln the causo of uoath." " But," adds tho writer, " whon ho dies after bavin/ boen at tondod by a doctor, then everybody knows why ho died, and so an inquest is not necessary." ?Ono of the latest inventions is a three-cornorod nail that will drive oaelly, and will not split the wood.