Historical Newspapers of South Carolina

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E 1AA8IIH E) 1865. NEWBERRIY, S. C., TUESDAY, MARCII 20, 1oo. TWTCE A WEEK THE STATE CAPITOL WILL BE COMPLETED SINKING FUN D COMM1'I11N'8 POWER 11 MINISTERIAL Only One Dissening Volco-Attorney Gen eral P'rFOaUtn an O,Iniona TIat se0ttles theit Matter-- Plans speelllcatione Asck c( For. (rho Stato, 16th.) The Stato capitol is to be com pleted in accordance with the terms of the act of the general assembly. 'The commission, of which the mem ers of th. sinking fund commission r membors, met yesterday and it t'was not many minutes before it was almost unanimously decided to pro coed under the act, the only vote against it being Senator Mowor, who holds that the sinking fund commis sion occupies the same position as a trustee. The presentation of a littlo by t law in concise form by Attorney Gon - eral Bellinger convinced the mom bers that the sinking fund comuis N. ton was not a trustee, but is the nistorial agent of the real rustee, general assembly, and i; such id no right to question the act's plidity, but could only do wh1.t the ustee orders it to .do. Thus the ulmbling block was rolled from the h and the joint commission got n to the business in hand, taking Sfirst stop towards the commence A, ent of the work. Tho sinking fund commission met noon yesterday, all the members, uding Senator Mower and Rep. . ntative Wilson, being present. e commission determined not to e,{ up the State house completion a'rtter until the joint session in the ternoon, and devoted its own sos n to considering matters of a tou ne character. K In the afternoon all the mem bere of both commissions, includ ing Senator Marshall and Repre sentatives Gantt and Patton, were present. The commission organized by the election of Gov. McSweenoy as per . manent chairman. The organization being perfected, Attorney Ga..oral Bellinger moved that the sinking fund commission ac cept the duties placed upon it and indicate by resolution that it would perform the duties imposed upon it in conformity with the act to com pleto the State capitol, and furnish the amount of money necessary out of the sinking fund. sENAoiR MOWER onJcrs. Senator Mowver said that he could -not vote for this proposition, and gave his reasons. He argued that the legislature could not now direct how this money could be expended since the passage of the act of 1892 creating the sinking fund commis sion trustee for the fund and by contract how the fund should be in vested. MRt. nIELLINoER's OPINION. Attorney GJeneial Bellinger then "rose and said that he had anticipated that this question would be raised, therefore lie had carefully looked into the question and had reduced his views to writing. He then presented the following: Inasmuch as grave doubts as to the constitutionality of the "act to provide for the completion of the State house" wore expressed in the general assembly at the time of its considerat,ion, and as a consequence the powers and duties of this com mission have become a subject of general interest and may possibly be come a question for future judicial consideration, I ask peormission to have my views, not ot:cially as Attor ney General, but as a member of this commission, spread upon the minutes. In order to determine the duty of'this commission in the case pre sented, it is necessary that it should first be determined to what department of government it .be longs-what functions it is empow ered- to perform. (Cons. Art. I, Sec. 14.) * There can be no question that the legislative function is foreign to its powers. This being taken as true, the por Linent question is "To which class do the powers belong un lor the act-the ju(liciidi or the (xe 31ive ?" As to its judicial powers: So far IS its connection with "the revenue Irising from the royalty on phosphato 3ds" is concernel, this coWmission must ho considered as created by tho 'act to provido for the redemption of ,hat part of tho State debt known as he Brown Consul bonds and stocks >y issue of other bonds and stocks." 1892, p. 20, See. 5.) It is well to oto that while in the samo sontence )f the section creating this commis iion the act provides that the "reve 11e to the Stato arising from royal y oin phosphuto beds shall be set. (side * * * as a sinking fund or the reduct ion of said debt" (i. e. )onde( debt) it does not burden the ommissio11 with a general trust with elation to the fund, but on the con rary, as the next sentence clearly hows, the commission was to deal vith the fund: as the legislature from im( to time should direct. 'Ihe act leclares that this ''revenue" shall be 'set aside,'' ut not by this commis ion; for the eciii sion1 do-1s nlot ollee t nor receipt for the flnd. The econdl sentei:e of the section under onsideratiln rends: "And tho said onnisiont shall from timo to time nvest Id'. aln' m 1ts which, and as the ame may b1o p:aid into the said sink og fund, in the bonds and stocks is luod under the terms of this act, and told the same as assets of such sink. ng fund, collecting the interest hereon as the same may become )ayable, and reinvesting the same in uch bonds or stock, to be held in ike manner, so that the sinking fund hall be cumulative. But if in the udgement of the commissioners of he sinking fund bonds are not of ered or obtainable at a reasonable >rice, they shall be in their discretion nvest such funds or any part there )f in such other securities, giving >refeace to State securities of the states of the United States, until uch time as may in their judgment >e best to reinvest the money by pur tbaso of State of South Carolina >onds." Where there appear the vords "judgment" and "discretion," t does not follow that the general luties are judicial, for judicial ofi ers are often required to perform ninisterial acts, and executive officers ire sometimes called on to judically letermine the promises upon which to ict ministerially (Meecham, Pub. Of ficerv, Sec. 660.) The act of 1892 directed the somnmission to "mnvest" the fund in certain bonds, which, by the con cext, meant that these bonds must be "purchased." Surely these powers irnd duties must be considered more ly executive, or mninisterial. But a review of subsequent legis lation reveals the fact that the origi aal plan of investment has been modified and broadened, and the commission was directed to lend the fund on State bor.ds when the same 3ould net be purchased (Acts 1896, p. 184), and later to lend the fund on the "valid securities of the several States," "or upon the note of the county treasurer and county sup r visor." The commission has obeyed the manda.es of these later acts un questioningly, without regard or re spect to the apparent limitat ions of the refunding act of 1802. Every duty performed and every power ex ercised has been purely ministerial, or executive and there has been neither attempt nor desire to usurp the exercise of judicial functions. An examination of the acts will show that the commission acted properly, when reference is made to the dlofi nition of ministerial duty, which is defined as "one which has been posi tively imposed by law, and its per formance required at a time and in a manner or upon conditions which are specifically designated, the duty to perform under the condlitions speci fied not being dependent upon the officers' judgment or discretion." (Meecham Pub. Of. 60.) The commission, a creature of &.he legislature, has its last instruction from the general assembly in the form of "Act to provide for the corm. pletion of tho State house,'' and it seems clear that t he duties of the commiHsion with relati-in thereto are in no sonso judic"ial, but simply exo cutive, or ministerial. As to ministerial powers: It is set tied beyond controversy that it is not within the scope of the duties of a muinis(orial oflicer to pass upon the validity of laws. lis only duty in such a case iF obedience; he cannot excuso himself by undertaking to E show the unconstitutionality or other i invalidity of the law. As was said 1 by Judge Howard, in Smyth vs. I Titcom, 31 Me. 286, "A public officer t ontrustedc with the collection and dis bursemont of revenue in any of the c depart In('nts of the governient, has t no right to refuse to perform his 1 ministerial duties prescribed by law, because he may apprehend that others may be injuriously affected by I it, or that the law may possibly be unconstitutional. He is not respon. t 3ible for the law, or for the possible E wrongs which may result from its 1 oxecution. He cannot refuse to act t because others question his right. 1 'he individuals to be affected may i uot doubt the constitutionality l f the law, or may waive their t 3upposed rights or wrongs, or may choose to contest the validity i f the enactment personally. Pub t lic policy as well as public wecrs- 1 3ity and justice, require prompt i and efficient action from such offi t 2ors." To my mind it, therefore, seems to follow, that the commission should I accord full obedience to the State I house act, without regard to ex traneous considerations, and carry I out its provisions strictly. Respectfully, G. Duncan Bellinger, Attorney General. ARCHITECT BY COMPETITION. Applications were then presented for the position of architect of the capitol. 'T'hey were from G. E. Shand, Wilson & Edwards and Frank P. Milburn, the first and last of whom have already submitted de signs. After some discussion it was do. termined not to go into the election of an architect just yet. Instead a motion prevailed that the commis sion advertise for plans and specifica tions to be submitted, and a sub. committee consisting of Messrs. Bel linger, Mower and Marshall was ap pointed to draw up the form of this advertisement and present it at 10 o'clock this morning. The advertise mont is to appear forthwith, and it looks as if the work will not be long in getting under way. The joint commission then adjourn ed until this morning. Bearo the heKind You Haa Always Bought Signature shooting in Blatesburg. [Special to News and Courier.] Batesburg, March 15.-There was a shooting affray here this afternoon. Mess. L. T. Perry and S. F. Perry, brothers, became involved in a per sonal difliculty with Mr. H. W. Shu Ier, and Shulor was painfully shot by Mr. S. F. Perry. Tile difficulty grew out of the marriage of Mr. L. T. Per ry. Shuler's condition is serious and may prove fatal. VAICOLINA MILLs. The Great Cott Mi lanufacturing Boom Continues. Columbia, S. C., March 15.-To day the Clear Water bleachery, at Aikcen, $300,000: the Iceman mills, McColl, $200,000, and the Alpha mills, J onesville, $100,000, filed their incorporation papers at the State capitol. The Anderson yarn and knitting mill increases from fifty to twvo hundred thousand dollars. The total capital projected in cotton mills this year is $4,525, 000. CASTOR IA For Infants and Children. The Kind You Have Always Bought Bears the Signature of. APPLICABLE TO NEWBERRY. IOtw NiCW'st'AICtit IC'OltTEl.lt". ARKC (t N t.t. A 1.L,Y SN i 1ttnItI) n the f1i,a cr tie Ave-rng Outaier tihe Way oft the Newspfrpwr IMan I I'nvc'd W 'il Frau L,uci eI s rtso d i)'ntd itend TieketN-atnd tiley ate FNw antasl F'ar Kctwt . an In N wlrrry. (Augusta Chrouiclo. ) In the mind of the average out ider the way of th new>,pa)er man s paved with free lunches and dead. ioad tickets. It is astonishing how nany young mon and women there tro who deksiro to enter newspaper vork without. the faintest. knowledge >f what is required of thtn, but wit i. ho seronest COnfidetnce thtat they can )orformn the neco.sary diuties with ase and eclat. For tho most part, he public comes in touch wit i the iowspapor man only on the attractive ido of the occupation. A crowd hat is hold back by tho ropes on omo public occasion onvies the re >ortor who is permitted to pass by he guards. He is soon to hand in tis free ticket at the theatre and to how his pass on the street, cars. On )bliC occasions ho is in touch with he orator of the day and has cordial volcomo to the presence of the visit ng dignitary. As the representa ivo of the newspaio tr, the reporter ias a reception at t ho hands of 1)rom nont men which ho could not aspire o in his individual capacity. It is this phase of the newspdpor non's life that iri so attractive to the minitiated. They (1d) not see the laily grind of the toilers, and hoar ,he thousand and one coimplainte that om to the now9paper, week in and veok out. Everybody ses the news >aper, and if there is anything in it vhich is not complimentary or likely ,o be pleasant for any individual, tie friends are quick to call it to his ittention if he should chance to over. ook it. A newspaper man works indor presaure and has to do in a 'ow hours what would appall the in )xperienced man to undertake. Not nly in the volume of business, but n its variety, his daily task if a try og one. The average newspaper nan writes every month what is quivalent to an ordinary volume of wo or three hundred pages. In the nultiplicity of events and statements bout which he writes, and the pros mure of time under which he writes hem, the marvel is how few mistakes )reep into a daily newspaper. A nd ret in 1,000 statements if 990 of horn are absolutely accurate the re :)orter will hear no word of conmon lation, but if the one thousandth tontains error, even of a triiling char. icier, the complaint is sure to come. At a banquet, or public exercises >f any character at night, nmany thougbhlss people envy .tho prm mient seat which is occupied by the reporter, hut do not stop to rellect hat after the meeting is over and ther people can go to their homes to rest, the reporter's work begins, imdi that while others are asleep he s toiling at his desk, reproducmrq t.he speeches that woero made and pay. ing a heavy penalty for the seat on the stage, or at the speaker's table, which so recently was the envy of the thoughtless. In no community with which I amr acquainted, or in which I have had any opportunit-y to observe newspa per wvork, is the task of the reporter more difficult than in Augusta. Ii 18 the hardest community in whiell to get interviews on any topic that is before the people that I knowv of. Men who have experience and valu. able information along the line or which it is'sought do not care to talla for publication. Men wvho have im portant in form at ion or interesting views upon important subjects wil talk for half an hour with a news paper man, occupy his time, and ther as they separate declare that hi "mustn't put it in the newspaper." II most commuditios business men an< professional men recognize the vain of being quoted in the newspaper and are eager enough to be inter viewed on any topic which chance tn be before the pnhlic. But not. i FOR THE PEC) New Spring Goods suc ...GREAI VAI Our line of. Spring Suits is* low figures at whic our customers. We Clothing as the attra values that are most SHOES! -.. Our Shoo Delprtlment is up-to date in all p lines of 'Sh'oes have bein sk,leet is antd cuality, 1111d wV con1fidOlly' di fi?1v dis1playN" of lit' c'howic'e i amtil III Gets' Ft Neckwear in an abu Our customers, a fit of our careful b where we picked prices will astoni' you. We are herE ability, and as we favors, we solicit in Augusta. Our peoplo are either his P very modest or else arc afraid of their stftnt shadows. There is no one ian in overy fifty in Augnsta who has an opinion tletre on any subject which ho is willing to andil se in print. daily plea' But not only in personal inter- groet Views but ill public mootinga, rel)ort- t0r. era are not treated witli proper con- So sideration in Augusta. A reporter por t will attend a public meet i ng antd the s spend two or threo hours listening to tndt the debate upon matters wvhich como tial, bofore the meeting, and( t ako a v'ol- att ali umoe of ntotes that would furnish ini- ways teresting reading matter, for the puib the lic, and ihon, when the meeting eonds, t lhe some one wvill make the suggestionl ow< that what lias been said and( (10n0 influn shall be kept out of the newspapers sormi and the rep)orter will bo instructed ago not to publish what has taken place. folio In nine cases out of ton there is ntot the slightest reason for this injuinc tion, not the slightest injury to the mn ontorp)rise to come from publicity, nt(ce and no harm to anyb)ody. he0 V For the most part newspaper)C~ mof are treated politely in Augusta, though some men fancy that they kno have a right to publicly find( fault with the reporter and( make Coim- call1( plaints to him at what is said, 01r not said in the niewspapor, though thto. reporter may have absolutely riothIi-cn ing to (10 with the subject ulnder dis- iluy cussion. While manny mion exagger- amid rate their right of censure aind fault- vai<~ finding, still, if they dosire to exer- ani cis it, it wVou1ld le the part of fair- .whio ness anid wisdom of the newspaper g'iv andl not to the reporter on the street of or in comnpainy. .pi Speaking of theo reporter in comn- ro . . or wi pany suggests one timg in which journalism (differs from all other oc- N cupatnons. The professional m-an, oir spoi ibusiness man in any othier vocaition, tion i can go into a social gatherirg arid wii 1 leave his business hohind him. No repr 1body ever thinks of introducing Mr. It 3 Smith as a piromhinent grocor, or as imor s our leading cotton man, or as thle edut p)ropriot or of a (dry geoods store, or ats the a our leading lawvyer; but Mir. Birown, now o the newapenr man, hna the h)a,1m of up ON OF SSNG PL OFE as you can only find in o LUES M LT "he greatest we have ever we have priced them is a niace forward the displa Wtion of the hour, in which remarkable. H OESU trt iculars. \Wo hIvo Sitv'- for sorvivo at vit Ii a distincet, lnow .i.ro (if th ' want..; of cla ro ltha t t(,r ;,.Icf'; ho) s is not,i ndance of styles ar s heretofore, will g uyin'g in the North( up sorne big ba rgai ;h you and agreea to serve you to th appreciate your pC a continuance of ti rofe,ssion tagged on to him con- tribitinl, ly in overy Issmb'l.)la~o Iul on tho oven Occasion though he may ho to groat as an intlividul aun friend, under cc with no moro thiutlghlit. of lis tios who work in conoection Wit th th report ;;c Ires1 ;f the hour I thlian has tho with sea rymtan, th lIawyer or tihe dc- solvet5 at It great. me ton only think of a now spa- informal o findl fault with it., and just as 'nseless old jokt aout "wyers" eco liatrs" is t hles and tpren- Z1c'I so overy' man11 Ihiniks it. smairt, Yl timoes, to say that things ato al- and1( was1 wvroig In thlo newspla}mir, when, oport or is acicurate teon timtno ci It. fault-findlor's one0. S~O omo mn, eldt iver, approciiato the work and . .ii visit of i'nco of at newspape1l)r andS in a onl in P.hlidteilhtin few (days hoevom Ilov. Robert. Hulnter spioko as ws: wore tr( __ thait, I.h eoxt to light, air, food and rai- thieir so thle niewspaper is one or tlitt fact. 9Hit ion of life. Whlo of us' would jng to ithiout. 011r mJornin0g or' (oeingi the dtim ulrse, but it tells 11. swiftly anid the St. y what is goinrg on, even ini tho( tost parts of the. ('arthI, anod the Thio vledlg( whic ~iwe t.hus0 gain pro referent~ s 11s for t he work whiich we are "'The d up on to periform-. ai buii Yhalit 'hannliel of iniformat ion cauin H claltn 'iaro with the netwspape.r of to. ploys cc Jeisides that, all t he opons new0s-~ cIinymJemIg argumen its of the fajir tre t here has never b en a time juLst iS I theo newsVpapers havo~ refuse1d to court si all! po.mbilo (spaeo(!4 to thin cgas rhoents. birist, withouit mioney and Iwit hout portor i 3. The churcht i owes n eot to aninu Inewspapers and1( the deb'lt it) in.* t i th sing every daiy. .ldonbht wheth.- prompt '0 will over bo0 able1 to pa~y it.'' S)omio p -- -But theu owspalpors airo in a mearsure ro- p)ortors isible for the lack of considoria- suits. ,anid sometimues of courtesy, paper i his man11ifested t owards their him, thi esio:,tatives. If the coitre.e of tho aind go Lonis neowspapemrs V.0ro followved wero uI n frequently, pl)eP( woulId bo solely i 'tod to a more riational view of rep)ortor'si work. Somet imes C ilpafper reporters areO sont to wvrito Dlarn the >vonta purely with a view of con- Sgau 3S! IALUES ERRY AT ur great line. WING,... shown, and the great surprise to y of our Spring we have arrayed SHOES!!! 1 in all latost ;tyIos. Our Iho I oopl, both a1s to stylo () 1)0 fOund anywhoro. A Goods. id colorings. et the bene. ;rn markets, ns. Our low bly surprise best of our tst generous e same. to their success and whore Is ttotselvos do not amount im port anco as nows. Even mtlitions liko theso, the par nro to ho bonolitted by the >metimos trout tho reportor nt. courtesy and deport thom Ithongi they woro conferring ravor" upon him to give the iont which ho asks for. ttly .P'residont IIndloy of the niversity, visited1 St. Louis givoui a recoption Saturday by the Noonday chub, of that 'hto Sunday newspapors de deo'to considerablo 5sce to tioln inl comlimenfoft to the -, the( reptorters alppOarod at houso to tako notes, they 'atedi with suich dliscouirtesy ()y ind(ignanlhtly roturned1 to veral ollicos and reported the 'hto edit,ors untited ini declin make reforontco whatever to mr1 or' te speeches, and the was omittod absolutoly from raouuis newspapors. Newspaper Miakor says, in 30 to the incidet: y did rigt A newspaper is 'ass onttorpriHo deovoted to oir current itapponings. It em nnpeotnt mna to gather the TJhteso won01 aro entitlod to itmount. In their porson they ir the paper they represent, ant ambassa55dor to foreign ands sor the country ho rep. Arty discourtosy to the re. nt his capacity as reporter is it not to him, but to his paper. duty of too paper to resent ly every affront of this kind. apo)rs do not and others do. so that do protect their re. aro they that got best net re. Having assuranco that his back of him and sustaining a reporter will work harder farther than he would if he der the necotsity of relying ponl himself." B TO:Bt.E:A.