Historical Newspapers of South Carolina

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whleR1 we- arc confronted. Surely it is a grave problem when our judicial system cannot promptly and satisfactorily meet those im portant demands, involving, as'they do, the constitutional rights arid liberties of our citizens. Under these circumstances I would respectfully recommend that the Act providing for Social Courts be abolished, and that at lea?t two additional judicial circuits be established. Without making further specific recommendations, I beg to present for your careful consideration the fact that the Courts of General Sessions now encroach t^po much upon the Courts of Common Pleas, subordinating entirely civil to criminal business. This is an injustice to the rights of property, but i shall not attempt herb to suggest the proper remedy. I believe, however, this to be ???matter well worthy of your consideration and trust that you wilMncHtde this in your deliberations. I am also constrained, because of the great importance of this ntatter to the people of our State, to make one other reconuncn d?tion^-this with a view to the establishment of County Courts in dur Urge and more populous counties. In most of our counties, with-the increased facilities which will be afforded by two addi tional circuits, sueh Courts would be unnecessary and burdensome. In huger counties; however, the situation is quite different, and 1 believe it would be wise to amend the law relating to County Courts s? thai the larger counties not now included in this law might, by a majority vote, establish such courts whenever they deemed it necessary. ? In t he consideration of this subject I have not overlooked the question of expense. I am convinced that your deliberations will rfcVeal the fact that the necessary expenditures involved will he a wise economy. Furthermore, the admithstrnlion of justice will not be temporary and uncertain in any measure, but will be more firmly established upon the strong and lasting foundations upon which should ever rest this department of our government. LYNCHINGS AND LAWLESSNESS. The occurrence of lvnchings from time to time in our State is deplored by all believers in law and order. Such deeds seem out of place in our civilization. Thinking nun, however, must realize the fact that on account of conditions existing in isolated communities, lynchings for certain crimes?while always deplorable?are not restricted either to race or geographical limits. They will never entirely cease until the crime ceases. Theoretically speedy trials offer the best remedy, but smarting under the horrors of the out rag? even the most law-abiding communities may hesitate to ex pose to further indignity the shrinking victim. While this is all true, crime in any form cannot be extenuated. The State has provided tribunals for the trial and punishment of all offenses against the law, and in these tribunals even such crimi nals should be tried and punished. There is no ?langer that those guilty of unspeakable crimes may escape just punishment in the special courts, which afford as early trials as the law permits. To follow this course upholds the majesty of the law; the other alter native shakes the very foundations ipon which our government rests. Lynching for one crime will inevitably lead to lynching for another. Under our law an attempt to commit rape is punishable by im prisonment for a period not longer than ten years. This, in my judgment, should be changed, and the penalty inflicted should he imprisonment for life. There must be respect for law and this must be taught. The safety of every citizen depends, at last, iqxm the proper enforcement of law, and this fundamental principle should be. cherished by the courts and thus become ingrafted upon the hearts and minds of our citizens. It is of the utmost importance to Us, as individuals, and also to the good name, welfare and pros perity of our State, that lawlessness, under all forms, should be made to cease by the proper enforcement of law and by the up building of public sentiment in South Carolina. THE DISPENSARY LAW. Tins law, in nearly all of its salient points, is one which is pe culiar to South Carolina. It has attracted considerable attention throughout the United States and some of its features have been adopted by other States. In spite of the opposition which was encountered from its incipience, it is favored by a large majority Of the citizens of South Carolina. The enforcement of tin's law devolves primarily upon the Governor, by means of a constabulary force which he appoints. In many counties very little work is ie quired upon the part of the constabulary, local sentiment being so Strong in favor of the law, that, when violated, convictions are readily secured in the courts. In a few other sections, however, were it not for the work of this force, violations of this law would be more open and frequent than they are. . Frequent attempts to evade the law and the constant effort to carry on the illegal sale of whiskey, in violation of the provisions of the Dispensary Law, devolve an onerous re sponsibility upon the Governor. This is especially true when ? is the desire of those to whom the enforcement of the law is intrusted to see that it is properly enforced, without undue friction. Realising, as an Executive must, that the open disregard of any statute law must bring demoralizing results to the people of a State, and being, as in this case, especially charged, and looked to for the enforcement of this law, 1 have sought to measure up to the responsibilities which I feel are mine. That this could not always be done without friction I sincerely regret, but I am glad to say that during the past year there has been compara tively ;very little friction. While I realize the fact that there are infractions of the law, yet: 5 am sure that during the past year its enforcement has been more satisfactory in every respect, and I believe that continued effort will result in further improved conditions. The Dispensary Law has many desirable features in regulating the sale and use of Utjbor, and the sentiment in favor of restricting sales within the provisions of this law is commending itself to the people more and more each year. Taking the State as a whole it is evident that this system is considered the best solution of the question when properly regulated and enforced. At your last session you passed an Act providing for the ap pointment of a Chief Constable, and I am glad to say the officer apoplnted under this Act has rendered me invaluable services. The Chief Constable assumed charge of his duties on March i, 1903, and the following summary will show the status of affairs since that date to November 30, 1903. The figures given cover a period of nine months and show increase over the same period for the pre- / ceding year: Total increase in cost of constabulary.$7.7*9 24 Total increase in value of seizures. 3.586 88 Total increase in value of fines collected.1.659 00 Total Increase in dispensary sales for twelve months. .$411,785 27 *T*have thought it best, in giving this brief summary, to refer to the increased sales of the dispensary, because these increased sales show?not that there is more liquor drunk in the State?but that more of the amount ordinarily consumed has been purchased through dispensaries, thus proving a better enforcement of the law. tn reference to the business transacted during the past fiscal year and the condition of th<7 State and local dispensaries, I would re ) > spectfully refer you to the annual reports of the State Board of Directors and the State Commissioner. These icports will set bp fore you fully the details of the dispensary management, and I con mend them to your consideration. The following figures will appear in the report of the Hoard of 1 )irectors : Net profits to towns and counties, 1903.$512,216 35 Not profits to State ( School Fund).126.266 00 Total net profit for 1903.$638,482 35 Net profits to towns and counties. 1902.$443,198 76 Net profits to State.123.699 57 Total net profit for 1902.$5(16,898 33 Total increase over [902. 7'.5^4 02 Total gross sales for 1903.$2,817,998 77 Total gross sales for 1002.2.406.213 50 Total increase over 1902. $411,785 27 STATE BANK EXAMINER. During the past year my attention was called to an Act passed by the General Assembly in 1896, creating the office of State Hank Examiner, and I was requested to appoint such an officer. Investi gation revealed the fact that no such appointment had ever been made, though this law has been on the statute books for seven years. The law provides "for an Advisory Board, consisting of the Governor as president, the Comptroller-General, the Secretary of State, the State Treasurer and the Attorney-General." I called this Board together, and after full discussion the Board declined to take any action, but requested me to call your attention to what appeared to be defects in the law. and to await action by your body. The law is detective, first, in that there is no provision made as to what officer shall pay the salary of the Examiner, the State Treasurer being authorized to pay only his actual railroad fare. The provisions of the Act require that the State banks should be responsible for the payment of the salary of such an olficcr, but the law is further defective, in that there is no summary process to compel the hanks to pay assessments for this purpose. An insuperable difficulty?one that renders the law inoperative?is that no appropriation has been made for this purpose, and the Con stitution specifically requires that money shall be drawn from the treasury only in pursuance of an appropriation made by law. While I do not believe in the principle of taxing corporations to pay the salaries of State officers whose duty it is to examine and control them, still, should you, gentlemen, deem it wise to perfect the Act as it now stands, 1 would respectfully offer the following suggestions: hirst, that the salary named he increased to an amount sufficient to command the services of a capable man, who is also an expert accountant. This should be done both for the protec tion of the depositors and for the safety of the banks, for only such an one should undertake these responsible duties. I would suggest secondly, should this appointment bo made, that rules and regulations for State banks be fixed by statute, similar to those legal restrictions governing the duties of a National Bank Examiner. OUR PHOSPHATE INTERESTS. _ The last decade, I 1 egret to say, has witnessed the passing of a great industry which once yielded a large revenue to the State? namely, the mining of phosphate deposits found in the beds of some of our rivers. The truth of this cannot be better shown than by the following statements: For the year ending August 31, 1893, the revenue of the State from this source amounted to $249,338.02, whereas for the past year ending October 31st, it received only $15,815.22. Ten years ago there were ten prosperous companies engaged in this business?there were about twenty large dredges at work, and Coosaw River and the vicinity of Beaufort presented one of the busiest scenes to be witnessed anywhere in the State. Today only two companies are struggling for existence, while dis mantled and sunken dredges, and deserted and decaying buildings, alone tell of an indstry which once, besides employing a large amount of labor and realizing handsome profits for those engaged in it, paid to the State, as has been estimated, $1.33 for each work ing minute of the day. It is unnecessary here to refer to the variety of causes which have brought about this condition. Suffice it to say that although the Board of Commissioners have twice reduced the royalty, with a hope of reviving the industry, it has been ineffectual, for, as I have already stated, there are only two companies at work, and these companies claim that on account of the scarcity of available rock mining cannot be carried on with profit at the present low prices. At your last session your body saw fit to abolish the office of Phosphate Inspector and to devolve the duties pertaining to that office upon the Board of Commissioners. Since the expiration of the term of that officer the companies have been reporting monthly to the Comptroller-General and myself. While 1 am satisfied that these reports are correct, still there is now no one who can officially visit the locality where the work is carried on and look after the interests of the State, the annual visits of the Board being, of necessity, merely superficial. Under these circumstances I would recommend that the State Geologist be made a member of the Board, and that, as far as praclicahle, the duties of the Inspector be devolved upon this officer. The former importance of this business reminds us that it is our duty to use our best endeavors to make it again, if possible, a source of revenue to the State, and expert supervision and study of the natural conditions will tend to accomplish this result. THE LOUISIANA PURCHASE EXPOSITION. At your last session a bill to appropriate $25,000.00 for a State exhibit at the Louisiana Purchase Kxposition, to be held this year in the city of St. Louis, passed the Senate, but failed of passage in the Mouse. Shortly after the close of the session $89,000.00 was adcKl to our State Treasury through a settlement made with the United .States Government, as lias been mentioned in this Message. Thinking that, with this money in the treasury, the fate of the Act might have been different, I took the liberty of writing each mem ber of your body, asking if you would favor an appropriation for this purpose at th is session. Although many replies were favor able and the count was close. I deemed it wise to defer further action until the present time. It was a matter of sincere regret to me that some appropriation was not made at your last session, and I hope it is not yet too late to remedy, to somcextcnt at least, the situation. Many of the States, Missouri especially, contributed handsomely to the South Carolina Interstate and West Indian Exposition, and it appears that we would be injured, in a negative manner certainly, to take no part in this great World's Fair. This will be truly a World's Fair, in volving the expenditure of many millions of dollars and affording such an opportunity for displaying the material advantages of a State as is rarely given. South Carolina never had more to offer nor more to gain than by proper use of this opportunity. From a business standpoint, the importance of this occasion cannot be overestimated, and I again ask your consideration of this matter. It is too late now to have a general exhibit of our resources, but not too late to prevent our being loft out entirely. If no more can be done, would it not be wise to erect a State building, have this as headquarters for a bureau of immigration, and thus reap some share of the benefit of such an exposition? In another part of this message I recommend; the establishment of a Bureau of Commerce and Immigration, and it seems to me that the duties of the com missioner could not be better inaugurated than for him to begin this most needed work at the Louisiana Purchase Exposition. I recommend this plan for your favorable consideration. FOREST PRESERVATION. W hile I do not desire you to think that I am looking up subjects to bring to your attention, still there are some matters of impor tance to the future welfare of our State which I cannot refrain from urging upon your consideration. Most important among these is the subject of our rapidly disappearing forests, which are, beyond question, one of our great natural resources, and would SO remain with proper care and protection. At present we arc giving them absolutely no attention, and if the reckless waste continues with no effort to replace them, the destruction will be complete, the loss irreparable. Our past ncglc in this matter now makes it a neces sity that some systematic effort should be made regarding the pres ervation of our forests. The destruction of forests is in large measure responsible for continued lights, wdiile, on the other hand, it is claimed that the rapid awJ destructive Hoods, such as that in the Pacolet valley last summer, are made more disastrous because of the clearing up of the forests bordering these streams. From a financial standpoint great interests are involved in his matter, to say nothing of the many comprehensive blessings and ben efits that are inseparably connected with the more material aspects of the case. 1 realize the fact that perhaps not much can be at tempted now, but I deem it wise that a beginning should be made, and hence it is that I invite your consideration of this question. A process of gradual protection and replenishment will bring incalculable benefits not only to us. but to the generations that are to follow. The. sooner a beginning is made the better, for our people do not realize the value of the little limber that is left. In many of our States and in most of the older countries, the govern ment takes an active interest in forest preservation, and until we can do something belter 1 would like to see Arbor Day observed in every comity in South Carolina, when trees would be planted in parks, around public buildings and on every roadside. This would be a beginning, and an important one, in the right direction, and I sincerely trust that we are now thus to inaugurate this im portant work. In connection with this subject, I should be glad to see our State House grounds systematically beautified on some artistic and developed plan. They are now well kept and the officer in charge is interested and would glatt.y sec that this improvement is made. THE FISH AND OYSTER INDUSTRY. Another subject of equal importance, and one which we ha^e allowed to drift into similar conditions, is the fish and oyster inter ests of our State. In my judgment it should be the policy of the State to legislate upon this subject, with a view first to protect and develop the industry, and. secondly, to make it a source of revenue to our State. The former consideration is most desirable and necessary and the latter is practicable and just. Other States sim ilarly situated upon the coast derive large revenues from this source, that of V irginia being more than a quarter of a million dollars, while Maryland's yearly revenue is about a half million dollars. With us. Beaufort county alone derives a revenue from this source, while shipments are annually made from the State aggregating several hundred thousand dollars, for which we receive no equiva lent, depleting and destroying the supply. There is positively no reason why this condition of affairs should be allowed to continue, and . .ccommend that a license system, with regulated fees, \rc adopted, requiring all persons who fish or gather oysters for market to procure such a license. Let it be distinctly understood that this is to apply to those who go into this occupation as a business, and not to those who engage in it for their own use or pleasure. The fund derived from these licenses should be equally divided between the State and the county where the licenses are granted. In my judgment this is equitable and will tend to the better enforcement of the law. In addition to this, such a system will be more efficient than any other plan in regulating and enforc ing the operations of the law in regard to the '"closed days," thus removing the dissatisfaction which has arisen because of the non observance of such days. There are now a number of oyster canneries in our State, doing a large business, and, of course, these should be specifically included in any license system. The conveying of oysters beyond the bor ders oi the State for canning purposes should be prohibited, and this should, therefore, be included within the provisions of the Act. Our present law allows one to reserve certain territory for the pur pose of cultivating oysters, but affords no protection for this. If we wish our citizens to engage in this industry it is only just that they should he protected, and 1 recommend that legislation with this purpose in view he adopted. As 1 have already said, this industry should be fostered and pro tected, which is not being done, and, in addition to this, we should receive from it a substantial revenue. For these reasons it is of great importance, and I invite your careful consideration, trusting that you will enact laws with such purpose in view. 111EN XIA L SESSION S. A Bill to amend our Constitution, providing for biennial sessions of our General Assembly, at your last session; was passed by the Senate, and is now pending in the House. This Bill will no doubt receive your careful consideration at this session, and I am sure that you will act upon it with due regard for the best interests of the State. It appears to me that the adoption of biennial sessions would result in a considerable saving to our State, and our finances require that economy, wherever practicable, should be considered. In very few States of the Union now do the Legislatures meet annually, and I know of no peculiar condition in South Carolina that requires our General Assembly to do so. This is a very important business matter, involving, however, more than financial considerations, and 1 trust and believe it will have your full and careful attention. CONCLUSION. Before concluding this message I wish to make personal acknowl edgment of my appreciation of the services of my associates who hold the various State offices. In tendering this expression of thanks I need not remind you that the State has been also the recipient of their faithful labors. The honor and dignity of South Carolina will not suffer in your keeping; the prosperity and advancement of her interests will have your zealous care and will be promoted by your wise deliberations. We will unite in the hope that we may prove ourselves worthy of the trust and confidence of our fellow citizens, whose servants we are. May the blessings of an All-Wise Providence rest upon us, that our labors may be acceptable to all, creditable to ourselves and beneficial in bringing peace, prosperity and happiness to us and to those who follow. D. C. HEYWARD, . . Governor.