Historical Newspapers of South Carolina

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Governor's Message to tbeLeffislature. THE DISPENSARY IS THE LEADING TOPIC. Abolition of tho Profit Foaturo Recoin inend?d?A Hundred Thousand Dol lar Deficiency?Review of State Institutions and Othor Matters of Interest Gontlomen of tho General Assembly : In this first annual message I regret that 1 cannot congratulate you and tho people of tho Stato upon tho COedlttOQ of alTairs that faces you today. Hut while wo have not had tho predicted return of prosperity, wo should recall with thankfulness tho good health, poaco and happiness we have boon per mitted to onjoy. Tho finances of tho Stato are la a vory unsatisfactory condition. During tho session of tho General Assembly, for L806, a levy of four and u hulf mill was laid to meet the current expenses of tho fiscal year beginning January 1st, 1807, and ending December ."list, 1807. Tho sum raised by this levy proved iusutlicient to meet tho ex penses, and wo have, therefore, a de ficit of $100,000 to bo provided for. By using ovory dollar from every avail able source and by overdrawing in small amountd upon bauks in which largo sums of tho State's funds have boon doposited, wo have met promptly all current obligations without borrow ing a dollar. The books were opened lor tho collection of taxes October 15th, und slnco that time we havo used money thus collected to pay current expenses. This money now being col lected, however, belongs legitimately to the current appropriations for 1808. By refusing to borrow $100,000, as is ofton dono, though 1 have not uavod tho State any great amount in the way of intorest charges?, I have refused to sanction what appears to mo to bo a bad policy?tho policy of borrowing money at Interest. The lovy for State purposes will bo high, but you must remember that wo havo a deficit of $100,000?not of your making?to bo provided for, and that tho Stato will no longer receive any rovonuo for curront exponsos from the Dispensary prolits, for under tho pro visions of the Constitution all prolits from tho Disponsary must hereafter go to tho school fund. During the past your tho general fund has been aug mented by $0:2,000 received from tho Dispensary; tho year previous this augmentation amounted to $100,000. 1 have endeavored to secure a state ment of tho tinances of tho State from tho Treasurer. But, as his books wore not balanced up to the timo of comple tion of my message, I beg to refer you to tho Treasurer's report. , THE DISPENSARY. , Tho mostdifficult problem that con fronts you is tho regulation of tho liquor trallic?and it is your duty, as tho trusted representatives of the peo- j plo, to uso your best efforts in satis- j faotorily solving this question. In my inaugural address 1 asked | that no material chango be made in : tho Dispensary law until it could be j given a fair trial. This it had never | had. Upon my recommendation the , law remained as it was, with the ex- , cepllon of a few unimportant amend ments. On assuming tho duties of Governor 1 undertook the enforcement j of tho law, endeavoring to do so with as litt lo friction as possible. At first, my efforts wore^gncouragingly success full but this success wus hindered by disagreements among tho members of ' tho State Hoard of Control. Tho mis management in thd Stato Dispensary 1 and tho bickerings and dissensions in ' tho Stato Board disgusted some of tho 1 warmest supporters of the law, and ' cuused a groat many to lose faith in the system, But by reorganization of tho force this mismanagement was corrected, and tho Board has since 1 worked in harmony. Bo it said to their credit, the Dispensary is now conducted in a more business-like way than evor before. Bad it not been for the Intervention of the Federal Courts I do not hcsltato to say that tho Dis ponsary would today havo very llttlo opposition, and would havo already proved, both financially and morally, a groat success. Tho Federal Courts havo seriously crippled tho law and rendered futilo all my efforts for Its enforcement, by bolding In tbo case of Donald vs. Scott that citizens of the Stato havo a right to import whiskey for personal uso. A groat many who were engaged in tho illicit traffic in whiskey took advant age of this decision to import whiskey for salo ; it thus bocatno vory ditllcult for tho Stato Constables to toll whon it was imported for personal uso only. Tho Stato Constables, under my In structions, seized quantitlos of whiskey where thero woro suspicious circum stances connooted with its importation; but upon application to Judgo Simon ton nearly all tho whlskoy soi/.od was roloascd. Beginning with this doclsion, tho Stato has boon involved in continuous litigation. In tho caso of Ex. 1' 'to Loob, Judgo Slmonton.held that a /ts of liquor dealers outsido tho ate might come into tho Stato, tako order.-, for liquors and ship thom to citizens of tho State. Encouraged by tho above decisions, the liquor men applied to tho United States Circuit Court for greater privileges and in tho Vandor cook doclsion woro granted all they desired. In this caso tho same Judge held that citizens of another Stato might import, store away, and soil liquors in original unbroken packages of all sizes not less than ono naif pint This led to tho opening in tho Stato of hundreds of private liquor houses and flooded tho whole o* South Carolina with whlskev. Blind tigers, furnished by "original package" doalors, began tho salo of whiskey in quiet, peaceful communi ties whore liquor had never been sold. In my efforts to enforce the Utsponsary law as modified by tho Judge's de cisions I met with great dllucultles. At one time Judgo Slmonton scorned to assume the combined prerogatives of tbe Chief Exocutlve and tho Ljgsl lature of South Carolina, and under took the amendment of the Disponsary law by lnjunotlon. The Governor, tho Constables, and all persons cooneoted with the enforcement of the law, were enjoined from interfering In any way I with the "original package" dealers, I and a law enacted by the representa tives of a sovoroign State was praotl oally repealed by a Federal Judge. When It was reported to mo that Varo, Byrd & Co., "original packago" dealors at Bamberg, were Belling whiskey to drunkards, I Immediately ordered the Constables to seizo their liquors and arrest them for maintain ing a nuisance. Thin was done, but they applied to Judgo Slmonton to have tho stock of liquors returned at oneo. und linked that tho Constables and all persons noting under thorn, or by virtue of authority from them, bo restrained from further intormed dliu,' with tho said property. This rcqujst was granted, notwithstanding wituessos swore that they had soon tho man who bought liquor at or about tho time of tho sale, ami that no was drunk. Tho Judge held that, to bo guilty of tho oiTonso of selling to a drunkard, tho party selling must | oither know or must have substantial reason to believe that the party buying was drunk at tho tone Again, in the easo of E, J. Connor vs. Goo. S. MeCravy, et al Geo. S. Mt Cravy, Sheriff of Laurons County, notiliod mo that four two horso wagons had been sent to Augusta for whiskey and that on their way buck to Laurens ho roeoived information thut tho drivers were drunk and boisterous and were selling whiskey from tho wagons I ordered tho wagons and liquors seized a-J soon as they arrived at I.aureus. Thereupon 10. J. Conuor II icel a bill of complaint in tho United States Circuit Court praying for a per petual injunction rostrnlniniT tho flr>. fondants from seizing liquors of tho complainant. Upon this bill being filed Judgo Simonton granted a rule against the defendants, requiring thorn to show cause why a temporary writ of injunction should not bo granted ; and at tho same time ho mudo a restrain ing order to tho following effect, to wit: Enjoining tho defendants from seizing or attempting to seize, In tran sit or alter arrival, or otherwise oarr,r ing awuy or conti seating oi detalnil any of tho liquors, wines or beer iin ported or sent Into tho Statu by tho complainant; and furthermore com manding said defendants to forthwith deliver tho horses, wagons, wines and liquors to the possession and control of tho complainant. In tho aboye instances you can seo of the some difficulties that have confront ed me in tho enforcement of tho Dispen sary law. "'Original packago" uoalora have been allowed to soil to drunkards, and from wagons on public highways. Whenever a seizure was made tho complainant would hasteu to Judgo Simonton, who seemed at all times ready and willing to lend a helping hand to such applicants. Judgo Slmonton's decisions and his unfriendly attitude towards those who woro charged with tho enforcement of tho Dispensary law so completely domo ralizad the Stato Constables that thoy were of littlo use, and became almost a dead expense to tho State. Tho cost of maintaining tho Constables was about $4,000 per month. They woro afraid to seize liquor for fear the Federal Judgo would jail them for con tempt. When they did mako a seizure It was, with few exceptions, released und tho Constables enjoined. Inas much, therefore, as Judgo Simonton had practically paralyzed tho con stabulary, I dismissed tho force, leav ing tho responsibility for tho enforce ment of tho law, in tho incorporated towns and cities, in tho hands of tho olty and town authorities, i retained :'. few detectives to suppress " blind tigers " in the country where tho peo ple have littlo or no protection. The Dispensary Act makes It tho duty of tho Stute Board of Control to withhold Its share of tho protits of tho Dispen sary Irom any town or city In which tho authorities do not enforce tho law. So far the protits havo boon withhold jnly from tho town of Sumtor, and 1 havo appointed a Constable, to bo pai 1 jut of tho town's sharo of tho protits, to see that the law isonforccd there. Wo have, then to faco the following condition of affairs: Under tho pro tection of a Circuit Judgo of tho United states Court, liquor Is being sold throughout the State, In tho country as well as in the municipalities, and in defiance of tho laws of tho State. Tho rights of a sovereign Stato to polico itud regulate tho liquor tratllc In Its Dwn way Is nullified and trampled un der foot. Tho Act of Congress of July S, 1800, has been, so far as South Caro lina is concerned, ropealod, and wo are told that tho enactment of prohibition alone gives a Stato tho right to ex clude "original packago" dealers, un less tho prolit feature of tho Dispons ary Is destroyed. Tho language of Judgo Simonton In tho Vandercook case is as follows; "If all alcoholic liquors, by whomsoever hold, aro de clared contraband thoy cease to belong to commerce, and aro within the juris diction of tho police power. But so long as their manufacture, purohaao or sale, or tbolr use as a boverage in any form or by any person, aro recognized, they belong . to commorco, and aro without the domain of tho polico power." Tho power to license tho sale of liquor, to tho oxclusion of theso in torstato commerce dealers In "original | packages," has been thoroforo destroy ed by this decision, unless It should bo reversed by tho Supreme Court. Tho Attorney Gonoral of tho Stato has ap pealed, but the appeal will not be heard until March 7, too lato for you to know what tho decision will be, In time to legislato In accordance there with. It cannot be doubted that a largo majority of our people favor tho Dis pensary law, If it can bo socured agidnst the interference of the Federal Courts. Three successive Gonoral As semblies havo declared In favor of tho Dispensary as tho host method of deal ing with tho liquor question. Our Hjpresontatlvos In Congress are at work seeking to secure additional legislation for tho protection of the Stato against the interference, of the Unltod States judiciary. Tho United States Sonato has already passed a bill by unanimous veto giving tho complete control of intoxicants to the Spates, and It Is hoped that tho House also will pass It. But wo must have Immediate relief from tho prosont Intolerable con ditions. Freo liquor, with Its accom panying incrciisc of drunkenness and the consequent Increase of orlmo, must at all haz,u\Is bo got rid of. As I have said, a license, law will not secure im inanity from this ovil. Judgo Simon ton has do-itroy, along with tho Dis pensary, tho license system when run for protlt. What, then, Is left to do? We must oither onact prohibition or continue the Dispensary system with out the prollt foauturd. Many?a ma jority, I boliove?do not think prohibi tion is practicable; and many havo op posed tho Disponsary system booauBO ot the profit feature. Wo can certain ly get rid of the "original package" dealers and their demoralizing tralllo by continuing the Diapensary, shorn of all prolits and administered only as a police regulation to control and reduce tue liquor evil. Tho Federal Judge will have neither oeoasion nor excuse for his evor-ready Injunctions, If that I system shall bo inaugurated, unless he shall again reverse his ov/n previous decision. This, then, appears to mo I tho best and almost the only thing loft us to do. We might try thle polioy for a year, and next winter, after Congress shall have actod or failed to aot and after the Supreme Court at Washing ton shall have deolded what is to be oocne of tho State's power to control liquor under the Wilson bill of 1800, we shall bu Id a position tu take linal action. It is useless for mo to make an ex tended argument to show that our Bys toin of liquor control Ib a proper exor cise of tho pollco powor, and that Judgo SlmontOU is wrong in his de cision denying this powor to tho State. Hut as facts speak louder than words, I will give tho testimony of ministers of the gospol in tho State as to the elTect of the Dispensary law on tho morals of tho people and on tho reduction of drunkenness among them. Out of four hundred and sixty-throo answers ro coived from tho ministers of the Slate to questions submitted to them in a circular lettor, dated Ootobar 1st, IS'.lT, three hundred and twenty four report ed a decrease in drinking of forty-six and one-third per cent., and a corre sponding decrcaso in drunkenness since tho Dispensary law went into effect. Sixty-nine reported an increase in drinking of ?ftv-four uud three fourths per cent. Yot, iu the face of such testimony as to tho good results of tho system, Judge Slmonton de clares it is not a police measure. What then Is tho uolico nowerV Ilnm Is a definition of' tho United States Supremo Court itsolf: "Tho police power includos nil measures for tho protection of life, tho health, tho property and tho welfare of tho Inhabitants, and for tho promo tion of good order and public moral.-;. It covers tho suprcssion of nuisances, whether injurious to public health, like unwholesome trades, or to tho public morals, liko gambling houses and lot >ry tickets. The police power ex tends to things not only intrinsically dangerous to tho public health, such as infected rags or diseased meat, but to thiugs, whioh when used in a lawful manner, are subjects of property and of commerce, and yet may bo used so as to be in jurious or dangerous to tho life, tho health, or tho morals of tho people. Gunpowder, for instance, is a subject of commerce and of lawful uso, yet, be cause of its explosive and dangerous qualities, all admit that tho Stato may regulato Its keeping aud sale. And thero Is no article, tho right of tho Stato to control or to prohibit tho salo or manufacture of which within its limits Is better established than, intoxi cating liquors." Thero Is profit to a Stato in any form of license, yet license has boon held to be a police regulation cvou when protecting liceuso holders in a monopoly of sale, until Judgo Simonton's recent decision abjvo quoted allowed liquors In "origi nal packages" to ontor a Stato "so long as thoir manufacture, purchaso or salo, or thoir use as a beverage in any form or by any person are rccognizid." Interstate commerce has, according to Judge Simonton, destroyod the police power unljss a Stato declares tho uso of liquor as a beverage to bo contrary Lo good morals and against tho health of the people. No license system does this. Wu cannot, thorofore, get pro teetion from "tree liquor" by such en actment. Wo can, however, get rollef by doing away with tho profit feature, as tho following quotation from the Vandercook decision shows: "Tho de cision of the Supremo Court of tbe Unltoi States must control all Cireui: Courts. By this decision it is clear that so long as tho Stato herself en gages in tho buslnoss of importing and soiling alcoholic liquors for tho pur poses of profit; so long as she recog nizes that tho use of alcoholic liquors as a beverage is lawful and can bo en couraged; so long as she seeks a mono ply in supplying these liquors for that uso, and in this way looks to an In creao in hor roxenue, she cannot under her constitutional obligations to tho other States of this Union, control, hinder and burden commerce in such articles bctwoon their citizens and her own." Bore is tho law and wo must obey it until Judgo Simontonis over ruled by tho Supremo Court or by Con gress. Undor a llcenao system, Inas much as tho Stato would receiv o money, these "original packages" would con tinue to come in, and Judgo Simonton would continue to "enjoin" tho Stato ollicors from Interfering with thorn. Let us, therefore, do what Is loft us, and wait for action at Washington. Tho money used in conducting the Dis pensaries and in enforcing tho law could not bo regarded as prollt, but as expended purely and sololy for main taining tho morals and health ol tho poopie. Judge Simonton might de clare this not ?-o oo an exorclso of tho police power; but wo will havo to risk it, and depend for our security on what he himself has wrltton In various de cisions. THE STATE'S EDUCATIONAL SYSTEM. Tho Constitutional throo-mlll tax for school purposes yields on tho pres ent assessed value of pru.oorty some thing over 1500,000. This is a largo sura to collect from a tax-butdonod poopie, and this money should bo so oxpondod as to secure the best possiblo results. With this Incroased expendi ture of money on the public schools tho poopie havo tho right to expect better results than havo horotoforo boon se cured. In tho cities and In a majority of the towns the schools are well sus tained and moot tho doraands upon them , but in tho country tho results aro generally vory uneatisfactcy. Witth boltor school houses and bettor equipment and bottot toachcrs, boys and girls could bo prepard for college at tho common schools In tho country without noodlng to tako a courso In lit tlng-schools, preparatory to entering college Tho States educational system, Including all schools, high and low, primary, secondary and collegiate, looks to ono ood and aim -to correct illiteracy, to dlspol ignoranco, to train Intelligent and patriotic, cltizons. It i is sustained by public appropriations, - j'at be red by taxation from uvory clasn ? of citizens. It oxlsts for tho bonclit ol \ all tho peoplo of tho commonwealth t, and all are interested In its economical ? and elUciont administration. Tho system is a body composed of mombors of various capacities and functions, to be oxorcisod, not indepen dently, but oaoh in conjunction with tho others ; with constant roforonco to a common purpose, and upon aoommon plan. Harmonious cooperation is no cessary and this implies organization, embracing in woll-balan jed order ovory part of thesystom an 1 supervised by Intelligent and efficient t Moers. At present suoh organisation and super vision aro wanting; and tho whole sy&tom Is split into departments Arork lng oach toward tho supposed common eud, but with no clear understanding I or appreciation of eaoh other's needs, methods, and alms. There is, there fore, an ?Mdatontlonal but Inevitable lack of sympathy and understanding, which makes a soparato system of each branch of tho State's educational plant, and stands in tho way of that unity and cooperation whloh aro tbo prerequi sites of oconomy and etlloionoy. Thoro is no headship, no leadership, no in telligent policy, no common purpose. Necessarily, the result is a duplication of work, a lack of connection, an un economical, booauso unsystematic, ox p.md iti ? of funds, an InoxoueabMo Hi ?. ... ? ?&?-x,- A wasto of energy, u^d, abovo all. an un satisfactory elTurt to tu;-"".'?*d too cause of popular education. An Ideal plan would bo thu combination of all higher State institutions into a single co educational university, but at present this is not practicable, and tho next best meaduro is tho orgaui/.atlon of theso now diverse olemeuts into ono system, properly directed by eompet tot olllclala, who should be, as tar au possible, separated from political on tanglements and whose duties aud responsibilities should be carefully do lined by statute. Tho coiumou country schools, the moro nourishing town schools and tho varions State colleges should bo so related that no gap should occur In tho succession of grades through which tho pupil passes from rudimentary to post-graduato studies. " Every step should imply tho preced ing 6tep," every advauco iu classes should bo a natural sequenco of ante cedent preparation ; so that the pupil who outers tho lowest grado in tho lowest rural school might move for ward and without a break to an A. M. degroo in the highest college in tho State. Especially should the hiudior Institutior s supported by the State be brought Into cooperative relations with each other. There should bo uo du plication of plants r.nd courses and chairs and appliances that could pos sibly bo avoided, if there aro to be various State colleges they should fill as various fields of educational work, and in unswor to a rational demand for such variety of advantages ; moreover, each should bo kept strictly to its own lino of instruction. Furthermore, there must bo no sentimental hesitation in reducing the State's higher educa tional system to the basis indicated by the people's actual needs, present and prospective. Lower education should press ahead of popular demand and seek to draw the people on to a full realization of their necessities in this lino of education and culturo. But the higher education may, fur tho present at least, be content to meet effectively tho immediate demand. From what has been said above you may easily in fer that the prime necessity for tho higher education in South Carolina is that all the State colleges bo brought under the control of a slnglo ooard of trustees, who shall soo that each is sup ported and expanded according as tho needs of tho people shall indicate. No ono of these should bo allowed to trench upon the province of tho others, or to take from the necessary financial sup port of the others. At present each Stato college has its own independent board who consider themselve s respon sible only for its support a"d for its succors ; and who aro naturally not con cerned, save in a sentimental way, with tho prosperity or Interests of the other Stato institutions. The control of tho State's educational institutions is now in the charge of separate boards of trustees for each college, divided as follows: South Carolina College 17 Olemson College 13; South Carolina Military Academy 17 ; Winthrop Col lege 14 J South Carolina State Colored Normal and Industrial College 7. Tho work of tho sevaral boards could be better dono and at consider ably less expense to tho Stato by a board of soven competent members. Tho trustees of tho various institutions are, at present placed in an attitude of partisanship to their own interests and of indilYorenco, amounting almost to hostility to tho other Stato colleges. Thus, each struggling to take caro of itself alone is by that effort brought into competition with tho others, in stead of working with them and divid ing with them. ThiH breeds selfishness, distrust and antagonism among Institu tions that can llourish only by working in harmony. My belief in the neces sity of Stato higher education is my warrant for candidly pointing out what seems to mo the only rational and eco nomical arrangement for its etllcient administration. PKNAL AND CHARITABLE INTITUTIONS. The tinances of tho Penitentiary are in a vory healthful condition. For tho first time in the history of this institu tion it has paid money into tho State Treasury for tho current expenses of tho stato government. The (0,049.72 borrowed from tho Sinking Fund Com mi? .ion to meet the last payment on tho Heed plantation has been repaid and an additional sum of $10,000 has been turned Into tho Stato Treasury, bp.-tdditilon to these paymonts there y .utllcient cash on hand to purchase a,i tho fertilizers needed for tho next crop. Tho income from convicts loased, with tho cash on hand, should moot current oxponses of this institution and tho gross proceeds from tho crop pro duced this year should bo paid into tho Stato Treasury for gonoral ex penses. Tho management of tho Stato Hos pital for tho Insane is all that could bo desired. Tho alTuirs of tho institution have been successfully and economical ly managed. Tho construction of tho Parker building, for tho colored insano, is a great and needed improvement. Upon tho small allowance of $7,f>00 this handsome brick structure, worth many times as much, has boon nearly finished. Tho Stato has evory reason to congratulate itself upon tho marked Improvement and successful manage ment of this institution, ospoeially when its limited resources aro con sidered. I would urgo that the small appropriation asked for by tho board of Regents to complete this work bo granted. Special attcmlon Is directed to the Institution for the Deaf, Dumb and Blind. It will bo found that this in stitution is doing admirable work and deserves the earnest consideration ol your honorable budios. DIRECT TAX. Thoro aro $8,130.71) in tho State Troasury to tho credit of tho diroct tax fund, which, undor an Act up proved 2-lth December, 1801, Is avail able (or public purposes. I recommonc that you pass a joint resolution au thorl/.lng tho Stute Trousuior to trans- i for thin account to tho gonoral ac- I count. I PUHI.IC PRINTING. During tho yoar tho otllco of Public I Vinter having boon declared vacant, tho commlltoo provided for by law, consisting of the Govornor and tho chairman of tho committees on print ing of your Honorable Bodies, mot and elected Mr. CharleB 13. Calvo, Public Printer. This commlttoo thought tho State might havo boon saved several thousand dollars had tho Aot provided for, or permitted, competitive bids. Tho price to bo paid for the work is lixed in tho Act and tho committee found it-elf compelled, under tho pro visions of tho law, to mako tho appoint moot. 1 rocommond that tho Act bo repealed und that a committee from each of your Honorable Bodies be soleotod to let the contraot for publlo Fprinting at competitive prl.ren. I urther recommend that the Act fix the maximum price to bo paid for the work so as not to oxcood tho prlco now being paid under the present law. 8PEOIAL LEGISLATION. The number of special statutes should be reduced by tho onaotmont of general laws, embodying ample pro visions and remedies for tlio relief of persons, corporations and communi ties, relative to subjects of a general character and to put an end to tho present Hood of special legislation. As it is easier and in some cases cheaper to apply to the General Assembly for rohof rather than to the Courts or other tribunals provided by general law, tho Legislature is being, upon various excuses, subjected to constant pressure to enact special laws for the relief of individuals. indeed, ovon constitutional provisions intended to limit such special legislation have often been evaded under the guiso of a so called general law. in tho Constitu tion of 1896 there aro express provisions prohibiting special and local legisla tion by tho General Assembly. Prior to 1895, during each legislative session a great deal of time was consumed in tho consideration of such special legis lation, at great expense to tho Stale. It was to check this growing evil that theso prohibitory provisions woro in troduced into the Constitution. It is natural and may bo praiseworthy for Individual lotflHln>tnr>? t.n unnlf ?.?? i vanoo tho Interests of tholr localities und constituencies ; hut such interests should bo subordinated to tho general public good, und such special and local legislation is evidently injurious to tho public weal. Too much legislation, both gonoral and special, has undoubt edly characterized South Carolina for tho past thirty years. Such special and local enactments, besidos being a species of class legisla tion, aro most harmful In making it uncertain what the statute law Is. It Is, therefore, a wise provision of our present Constitution which prohibits local and special legislation, and it should bo rigidly enforced. B it not withstanding this constitutional in hibition, an examination of tho Acts passod by the Central Assembly dur ing the sessions jf 1896 and 1807 will show that this wise provision was evaded, and that there was consider able special and local legislation. Since tho adjournment of the General Assembly in 1S! 17 an Act passed during tho last session has boon decided by the Supremo Court to be unconstitu tional, on the ground, among others, that it was local and special legisla tion. It was an Act forbidding a citi/.en of one County to lidh in another County for profit without first obtaining a license from tho County Treasurer. This seems to be a general statute, but in tho third section of tho Act It is provided that tho Act shall apply to no Counties in tho State except Collctonand Berkeley. This disregard of constitutional provisions f not checked will open tho way to* an in creasing muss of this kind of legisla tion, and must result in tho practical defeat of tho objects of tho constitu tional Inhibition. 1'rompt action should be taken by your Honorable bodies to enforce ob servance of tho provisions of tho Con stitution on this subject, und to con lino legislation us nearly us practicable within tho limits prescribed by the Constitution. I would respectfully recommend fo* v ur earnest considera tion the crcution, by a joint resolution, of u joint committee of the two liouses who sdiall bo ryeplally charged with tho duty of supervising all bills in troduced, and reporting such as como within tho prohibitory provisions of tho Constitution relating to local und special legislation. With such u safe guard the General Assembly can suc cessfully avoid tho enactment of law forbidden by the Constitution und insure tho faithful observance of its wise and salutary provisions. TUB SINKING FUND commission. Tho total value of tho assets of tho cumulative phosphate royalty sinking fund is $2ti:i,out.;")(>. Of this amount $37, 532.00 was loaned to counties at u rute of five per cent, interest per annum. Tho sinking fund bus permanently in vcBtod In Stato stocks $;i?,728.50. Thero Is invested in temporary loans, under tho Act of February '-5th, isiio, and February 25th, 1807, J58.484.22. This loaves a balanco of S131.202.78, which has boon deposited in bank, bearing four per cent, payable monthly. You can seo from tho above statement that under tho Act of 1S'.)7 only a small amount was loaned to counties : while tho greater part of tho fund has boen deposited in banks and is unsecured, oxcept by tho credit of these banks. It will also 1)0 seen that on tho Hist of December, 1806, thero was then loaned to tho banks at four and a half per cent. Interest, and secured by a deposit with tho Stato Treasurer as collateral security of State Hrosvn Ii per cent, slock, $173.984.22, leavlag only $2, 816.03 cash deposited In bank. PHOSPHATE INDUSTRY. Only $10,700 25 have been paid dur ing tho year Into tho Stato Treasury from tho phosphate mining industry. This amount under tho law must bo devoted to a sinking fund for tho re demption of Stato bonds. You may expect a still smallor rovonuo from this source noxt year. Competition with Algiers and Florida has so ro ducod tho prico of phosphate rock that some of our miners havo boon forced to suBpond operations. Thoso who aro engaged In tho business aro mining at a loss, notwithstanding tho faet that tho Hoard of Phosphate Commissioners reduced tho royalty from fifty to twon ty-livo conta por ton. On the lirst day of April, 1HH7, tho Phosphate Commis sioners mot at Beaufort to Inspect tho phosphato torrltory. Tho phosphate minors woro invited to bo prosont and thoy woro all icpresontod at tue moot ? log. After thorough invostlgation tho Hoard adopted tho following resolu tion : "Resolved, That on and after April > 1st, 1807, tho royalty to ho paid to tho i, Stato of South Carolina by all persons, ? corporations or companies mining ? phosphato rook or pho^phatic dopes! ta I from tho bods of navlgablo streams ind wators of tho Stato and tho marshes thorcof, uhall bo, and tbo samo is horoby llxod, at tho rate of twonty llvo cents per ton of dried rock, so long us tho price of said phospbato rock froo on board to said miners at their several mines shall bo tbreo dollars per ton or under; but in caso there shall bo any incroaso in suoh prico over and abovo throe dollars por ton, then and in ovory such caso, thoro shall bo paid to tho State an additional royalty per tor. equal to one half of such In creased price over and abo/o three dollars por ton, froo on board. Pro vided, that all phospbato rock dug, mined and unshipped on hand on the first day of April, A. D. 1807, shall first bo acoountod for at tho royalty (ixod by the Act of tho Gonoral Assembly, ontltlod 'An Act Relating to tho Phos phate Industry of tho State,' approved Dooembor 22nd, A. D. 181)3. Provided, further, that all companies shall pay Into tho Stite Treasury tho royalty upon all shipments mado prior to tho first day of April, A. D. 1897." Soon after tho adoption of this reso lution oitizons of Beaufort fllod with the Board of Phospbato Commission ers a petition praying that tho royalty on rook alroady mined be also roducod to twenty-live oonta a ton. On tho first of Junuitry, 1807, tho phosphate minors had on hand about l?.O?O tons of rock which was subject to royalty, and on tho Urst of April, 1897. about 19,000 tons. After duo consideration, the petition roforred to was "efused. The Hoard held that tho royalty of fifty cents per ton fixed by tho Act of 1893, should be paid on all rook on band on tho first day of April, 1807. Tho Uoard took tho view that tho phosphate miners wore bound, by the contract contained In tho Act of 1803. to pay tho royalty fixed by the said Aet, until it .vus ebangod by authority of the General Assembly. They further held ihat they had no authority , nor did they deem it right, to make the miners a prcsont of $12,000 then due tho Stvto. The Farmers' Mining Company failed i in October, 1897, being Indebted to tho State to the amount of $10,.'581 for roy- I alty on rock. This amount has not yet i been eolleoted, Tho matter bus been ( referred to tho Attorney General and I ho is using proper efforts to collect the | money duo the State. I The rovaltv now imld tbn St.iLt.ri h? <? tho miner- is only twonty-livo cents por ton, and 1 boiiovo that rather than make greater concessions it would bo hotter if mining oporations on the State's rights ho discontinued. Itst-ems unwiso and unbusinesslike on tho part of the Stato to sacrilico those valuable deposits, while prices aro so low and business is so depressed. On account of tho groat quantity mined tho price of rock is now below tho cost of pro duction. Tho supply of rock Is ex haustible, and in a few years tho de mand will probably bo greater than tho supply: then wo may resume mining at a profit both to tho miners and to tho Stato. Tho appropriation of $2,000 for the salary and expenses of tho Phosphate Inspector is too much to pay, consider ing tho small return ?o tho Stato from this source. I recommend that tho otlico of Phosphate Inspector bo abol ished and that the Comptroller Gen cral be charged with tho collection of tho revenue from phosphate mining. CON FEDERATE RECOIt1 >S. It has been particularly unfortunate that tho cilice of Stato Historian has boon made vacant by the death of two worthy incumbents. Since tho ad journment of the General Assembly tho grand old Confederate soldier, General Hugh L. Farley, has passed away, before ho had completed the work to which he had been assignod. I appointed Col. .lohn P. Thomas, Con federate Historian, to carry on the task. Yon will Und in tho report of Col. Thomas a detailed statement of tho work already done, together with what remains to be finished, especially as to tho completion of tho Confeder ate rolls. It is tho duty of the State to prepare an historical account of tho part taken by the commands from this State in tho great Civil war and to complete the rolls. I therefore urge that provision be made for carrying on this work. To insuro completion 1 recommend that a sum bo appropriated Bullieient for carrying out this under taking: and I suggest as an Induce ment to its early completion that, while sufficient money bo allowed monthly for current expensss, the major portion to bo puid only upon tho completion and acceptance of tho work as now mapped out. COUNTY Q< ?V KKN.M KNT. Tho General Assembly should give careful consideration to the matter of expenditures by county governments. The system now in force is \ cry cum bersome, and in many counties leads to extravagance. From tho represen tation by townships arises a tondeucy to reciprocate favors, and this leads to useless expenditures which, if thero were no opportunity for those mutually beneficial exohanges, would bo avoided. Many countio" have remedied this trouble as far as possible and nave made a further saving by placing their otlicers on fixed salaries and turning tho surplus left over after paying the saluries into tho general county fund. CONCLUSION. I desiro to impress upon tho mem bers of tho General Assembly tho ne cessity for the strictest economy in tho appropriation of public moneys. While unnecessary and excessive appropria tions of public money should bo avoid ed at all times, and tho strictest econ omy consistent with good administra tion in every branch of tho public ser vice should bo at all times enforced, there is ut this time a special reason I why this principle should bo carefully applied, Tho people havo endured a long period of business depression, but tho present low prico of cotton, our principal money crop, has caused still greater depression, and the mercantile and Industrial inactivity is keenly felt by all classes. As guardians of the public interests and custodians of the public funds the puramount quostlon at this juncture, when considering the ap propriation of tho people's money, should bo : Can this expenditure, ho deferred without injury to tho public intorests, until business shall have rosumod Its normal activity? On account of low prices and tho scarcity of money tho burden of taxation presses with more than usual severity upon tho peoplo, and in no way can you moro richly merit their approval and gratitudo or justify their conti donco In you than by judiciously striv ing to lighten this burden, I havo endoavorcd, after a study of tho State's atTairs, to mako such recom mondatlons to you as seem proper and just. Tho Governor cannot ma. J laws ?to you alono is entrusted, as it should bo, tho power to pass bills and tu change existing laws for bettering tho conditions of our institutions anil for reducing taxes. My recommendations aro merely advisory : tho responsi blllty for tho passage or defeat of bills, ? introducod or recommonded. lies witli you. It la my doslre to eo-oporato dur ing tho coming session, aa during thu past, with your respective hodiea and mombcrs in tho inturcat of tho tax payers and of our peoplo goncrally : in that behalf I will at all tlmoa be pleaaod to consult with conimlttoes or with individual mombora. Tho respon sibility for tho defeat of any good moaauro for whatever reason shall not rest on tho Kxoeutlvo, nor shall I allow myself to bo influenced in any of my actions by intimatlona that my meas ures may bo defeated. 1'orsonal prefer once or doalro Hhall not bo indulged by mo in tho propoj&l of any moaauro. If they bo found not subsorvicnt to tho | {rabllc intorosts my auggestlons should >o Ignored ; if In that Interest, thoir I dofoat will harm not tho Kxecutlvo but I only tho people. I call your attention to tho reports of tho various State departments, which will glvo you a moro intimate insight Into stale affairs. In tho various do partmonts of tho Stato government I find in the ofllcorsa gonoral disposition to follow tho law and dischargo prop orly the duties of their ntllios. Wm. H. BLLBRBB, Governor. ?Thopje'd watch of IOdgar Allan l'oo Is now in tho possession of lt. W. Al bright, of I1 ort Madison la. MR. BRYAN'S GREAT SPEECH IN CHICAGO. a. V1GOUOUS attack on (JACK'S financial i?ol.ioy. rii,- Republican Secretary <>i tho Treasury BellevOS in tlio Superiority of Moi.oy Ovor > l i o. Tlio Democratic hosts of Chicago celebrated Audrow Jackson's birthday with a magnificent bauquct at the I Tremont houso, and Don. Win. J. Dryau wan tho principal guest. Ho hold a reception in tho hotel 'dors which was largely attended. .layor Harrison presided at tho banquet and introduced the speakers. Mr. Bryan was received with cheers when introduced, and spoke in part us follows : It iu especially fitting that at this time tho American people''should re call tho uuiue of Andrew Jackson, ami gather inspiration and encouragement rrom his public career. Wo aro en gaged to-day in a contest very similar o thut in which ho played so conspi :11011s and honorable a part. Durinc his term of ollije the national bunks attempted to overawe tho representa tives of tho people and control tho Government, llu grappled with them and overthrow them. Arrayed against him were the very classes which have forced a continuance of tho gold stan dard in tho United States in spite of the ulmost unanimous protest of the people?the same classes which aro now trying to coorco tho Government into tlio surrender of tho sovereign right to control the money of the couu try. It seems that every generation presorts a combat between tho pro ducers of wealth and tho money changers. Tho latter, conducting their campaign in secrecy, fasten them selves upon the body politic, and prey upon industry until their hold is broken by an awakened and indignant public. Tho present Secretary of tho Trea sury, Mr. Gage, is eminently fitted to be the Instrument of the financiers in their effort to complete the scheme commenced twenty-four years ago, and continued without interruption until tho present day. Ho possesses a bub Ihue faith in the superiority of money ovor man, and a supremo contempt for the rights, the interests and too opinion of the people at large, lie knows that the gold standard was adopted in tho United States without any party ever making it; ho knows that for twenty-three years after its adoption no party ever dared t > com mend it; ho knows that in tho cam paign of 1800 the party composed of bolting Democrats was tho only party which darod to declare tho gold stan dard a blessing : ho knows tnat at the polls il!? pur cent of tho voters regis tered their opposition to a single gold standard, differing only as to the means of securing bimetallism : ho knows that the President, to whoso partiality he owes his position, 6cnt a commis sion to Europe to lieg other nations to help us got rid of the gold standard ; he knows that the Senate and House, with scarcely u dissenting voice, ap propriated ilUO.OUO of tho people's money to pay the expenses of tho com mission while it was seeking relief from the gold standard ; ho knows that France, by joining in the demand for in ternational bimetallism, condemned the gold standard ; ho knows that the farmers, the laborers, and to a large extent the manufacturers of England, desire international bimetallism: ho knows that the maintenance of tho gold standard means unmerited ad vantage to the money owning and tho bond holding classes, is undeserved punishment to tho vast majority of the people of this country and of tho civilized world : and yet, in spite of his knowledge of all these facts, he is de liberately planning the gold standard permanently upon the people of the United States. Not content with advocating a policy whioh places the destinies of 70,000,000 of free men in tho hands of foreign financiers and permits a few London bankers to control our standard of money, lie now proposes to give to tho national bank full and complete control of t'uo paper money of the nation. In November, ISiKi, six mil lion and a half of electors voted against the retirement of tho greenbacks and seven million supported a platform, which was silent on the subject. The Republican candidate for President in bis letter of acceptance pledged the Republican party to keep in circula ted (and as good as gold) all the silver und paper moneys now included in the currency of the country, while only one party advocated the retirement of tho greenbacks, and that party polled less than 1 per cent of tho total voto. Mr. Gago knows these facts, and yot In spito of that knowledge ho is seek ing to organi/.o u money trust, more dangerour not only to the Industries, but to tho liberties of tho people than all the trusts combined. At such a time and under such circumstances the memory of tho horo of New Orleans ought to bo invoked in every Stato and every hamlet to arouse the people to a sense of their danger. Twolvo months have elapsed since wo celebrated this day a year ago and overy month has borne witness to tho failure of Kepubliean policies to bring relief to tho pooplo. Just after tho passago of tho JJingley bill our oppo in? Mt . were boisterous in their an nouncement that prosperity had re turned. Tho lie publicans were given full swing. They framed just such a law as their hearts desired and tliolr brains devised, and what Is tho result'/ Read tho daily pappers and you will lind tho Items of news arranged under two heads?the formation of trusts and tho reduction of wages. A few days ago I picked up a copy of tho St. Louis Globe-Democrat and found under the innocent and unnrotentious headlines. "Woavora und Spinners," sovun notieoa of wage reductions from four of tlio aix Now Ed gland States. Is thla tho result which thoy pro mised would follow, "tho oponlng of tho mills inatead of tho mints?" If our onemiea hoaat that thoy have buried bimotalliam, wo point to theae wage reductiona aa the wooplr.g wil lows which havo aprung up about ita temporary tomb. Why la not some Court asked to enjoin tho employers (ruin uniting together to reduce wages? Can combinationa among employers bo innocent If co-operation among minors is a crime ? A fow days ago an association of millers tried to justify a reduction of i wages by laying the blame on tho laws passed for tho protection of tbo opera tives. Their complaint is significant because it omphab'ses tho reactionary I tendency of present conditions. If this grinding process continues, tho laboring elasses v. ill loao all of tho ad vantagca whieh thoy havo gained in tho last quarter of a century. In stoad of shorter hours for adults, aud more oducation for tho chlldron, wo shall bo asked to longthon tho hours of labor, and to dwarf the intellects as well as tho bodies of tho children by manual labor, during the yoars when thoy should bo In school, flow many plagues Will bo required to soften the heart of our tlaauotal Pharaoh ? Doos be not know that now us of old, " bricks without straw" but presage tho coining of tho day of deliverance r l'rescott tolls us that tho Aztoos woro in tho habit of offering up hu man victims to secure tho favor of thoir (Jods. Our Opponents sometimes speak in disparaging terms of thoso who inhabit the land of tho Aztecs, but let it be remembered that tho huge sacrificial stone that once surrounded ? bo great teocaUl, in tho Capital of tho Montezumus, now harmless and unused, forms one of the most Interesting ex hibits in the Mexican National M uauum, while in the United States frosh vic tims in ever-increasing numbers, aro being itnmolited upon the altars erect ed in honor of the gold standard. Since the last celebration of Jack son's Birthday thousands of political prodigals have returned to tho old home, and thousands more aro grow ing weary of the husks. Tho reception of thoso who have returned has de pended upon tho spirit which has ani mated tho prodigals. Thoso who havo COtne buck lieU- nnwlrwlirim? U>n t-.ln.lt.... force of tho Chicago platform, aud willing to work harmoniously side by side with tho brethren who went not astray, have been taken into full fel lowship, and their wanderings for given. Hut those who havo staggered back boasting of their intention to re model the bouse and revolutionize tho methods have found neither fatted calf nor banquet hall. There is no humiliation in tho ac knowledgment of error. To a larger por tion of our people the money question was a now question in 1800, and as wo demanded aliirmativo action tho timid and only half-convinced arrayed them selves against us. Sineo tho olection there has been time for furthor study, and events in rapid succession havo been vindicating the position taken by tho bimetallic forces in tho last cam paign. The Republicans, too, intoxi cated by success, havo heen disclosing schemes which woro carefully con cealed during the contost. Wo may, therefore, expect continuous acces sions to our ranks. 1 cannot close without impressing upon your minds tho necessity of ex tending and perfecting the work of the clubs, which are necessary to sup plement the work of the party organi zation. We must have clubs in every precinct. Through them we can keep our forces in fighting condition, colloct campaign funds and protect tho ballot box from fraud and corruption. 1 havo so much confidence in tho correctness and intelligence of those who are enlisted under the banner of independent bimetallism that 1 am suro all things needful will be done. I therefore bid you ho of good choor. Unless all political omens fall, tho twentieth century will open with tho money of tho Constitution restored and tho motto, "Equal rights to all and special privileges to none," the controlling principle in all tho depart ments of the Government. Tuen will our people sing a new soug of a nation redeemed. - mm I mm*-? WEALTHY AM) KC'CKNTKIC. Mr? j. C. Ayer Whh the Idol of tho Parisian Dressmaker* und' Shop Keepers. Mrs. James C. Ayer, of Lowell, Mass., who died a short time ago in Paris, was a notable character. Sho was born In Med way, Mass., on Dee. l.r>, 18215, and she had therefore passed hor 71st year. Her maiden namo wae Josephine Moilin Southwiok, Her father was a Quaker and a large manu facturer. She knew James C. Ayer as a child fie was a clerk in a Lowell drug store, who bad saved a little money, and who Started in business for himself. lie manufactured a cough mixture and advertised it in tho lucal newspapers. Lie was the pioneer in the patent medicine business, and it grew rapidly. Before long tho Ayer's preparations were known all over the country. When .James C. Ayer died, in 1878, he left a fortune of $10,000,1)00. Mrs. Ayer first went to l'aris about 188U, and except two or throe summers spent in this country sho remained there ever since, making infrequent and very short visits to Now York. For years sho bad a large suit of apart ments in the Hotel Continental. ? ym tho begginning, says the Now Yi ? World, she attracted attention bymor expenditures. She bad a reti nue of servants. She employed a den tist who visited her daily. .She had a physician to look after the members of the family, while she herself consulted specialists, to whom sho gave enonnou foes. The milliners and shopkeepers from ono city to the other regarded her ar their best customer. She was lleeced right and left, but sho never objected. She would buy *.">00 worth of gloves at a time, and there gloves cost not moro than a third as much as thoy do in Now York. Shu established a kind of salon in tho hotel, a sort of Bohemian gather ing, ar' steadily assaulted tho houses of those whose positions wore establish ed. For a long timo tho exolusivos would have none of her, but gradually she made her way. Hoc wealth and her entertainments battered down bar rier after barrier. Uf course thero was a great doal of talk about Mrd. Ayer getting married again. At ono time no fewer than three princes woro aspirants for her hand. About six yoard ago Mrs. Ayer had asocial position which warranted hor in leasing tho mansion of tho Due de Mouchy, one of tho finest and most ex pensive to maintain in 1'arid. it was completely refurnished at an enormous expense and Mrs. Ayer installed hor : self in it with a retinuo of carriages und splonded horses. Mrs. Ayer entertained lavishly, more expensively, perhaps, than anyone olae in Paris. Aa tho yoara wont on aho dressed more gorgcoudy and wore moro jew elry tiian over. Whenever aho ap peared in public aho was pointed out and the shopkeepers worahlppod her. Mrs. Ayor did much to give tho 1'urisians tho idea that Americana have inexhaustible aupplius ot money, und that they are willing to throw it away. bno did everything possible to hido the elToot of tirao. She passed hours each day In the handa of tho maaaousu and tho hairdroasor, tho.dontist, tho physician, and the great nurabor of peraons whose buaineas It is to repol ugo. She woro tho moat youthful gowns, and her entortainmunts bocarnu moro and moro spoctacuiar. Mrs. Ayor novor entertained pooplo in her great houso. There was no room, for tho reason that ovory apart ment was filled with her old gowns on dressmakers' dummies. Shu? novor throw away a gown that aho had worn, but alwaya prebjrved it carefully as if aho purposed wearing it again. Nobody knowa how many costumes . Mra. Ayor woro oach year?moro than t) any woman In 1'arla, it is said-' "-?d so^ tho immense hotol waa takon ; , / tho gowas. /? '