The Newberry herald and news. (Newberry, S.C.) 1884-1903, February 19, 1901, Image 1

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B I 18 EBE Y t eI 11) e91 ESTABLISHED 1865. NWERY, S. C., TUESDAY, FEBRURY 1901. TWICE A WEEK,8~1.50) A YEAR THE GENERAL ASSEMBLYa l'IiOCEEDINGS OF TUE HOUSE OF IEPiEtENTATIVES. Stato (loologit Createud-Also Board of intonology-Tiho 8100,000 for Public SHlools Cut Out of b,lm Appropriation Bill Some Third Reading Bills Patseed and Sent to the Sonate-Bill 1assod for tile Provention of sudden and Uu just, HvIctions-Tho Anti-McLau rin Resolution Defeated by a Uloe; Vote, 58 to 44-Blil Passed Itegulating tile Iss81e of Preferred Stock and Ite. 4tilring it TWO-tlird6 Votw of tio Stoclold els Thserefor-11ill 'amsed to Mako Mili Stock Real Prop erly - Other Matters LNews and Courier.] Columbia, February 13.-Special: Tho work of the General Assembly is fast coming to a close. Today the House adopted a resolution fixing Saturday as the day for adjournment. The general appropriation bill has been practically agreed upon between the two houses and the small dif forences amount to practically nothing. This is, perhaps, the best record a general appropriation bill has had in a decade. The State will, under the acts passed to-day, have a State geologist and a board on entomology. OENERAL APPROPRIATION DILI came over from the Senate with amendments. The House refused to concur in the Senate amendments raising the salary of the assistant Superintendent of Education to $1,350 and this will have to go to conference. The salary is now $900. The next amendment was to raise the salary of the State reporter to $1,500 and reduce the salary by cutting off all fees and porquisites. The reports which he issues will be reduced from $4 to $2.25 per vol umoe. Mr. Prince and Mr. Croft ex plained the reduction in the price of the reports. The State buys one hundred volumes and will save the difference between $4 and $2.25 per volume, but it was argued that the work was worth at least $1,500. Mr. Coggeshall thought it best to wait until the bill on the subject be acted upon. The House fixed the salary in the bill at $1,200. The House agreed to strike out the subsection and made the direct appropriation to the South Carolina College $28,107. $100,000 FOR SCHOOLs CUT OUT. The senate cut out the $100,000 for the free public schools. The amendment was r-ead. Mr. Hardin said: "I hope the House will agree." Mr. Stevenson said: "All in favor of the amendment will say "Aye" and all opposed "No." The viva voce vote was taken and the "ayes" had it, and in less than a minute the House agreed to the Senate amend ment, cutting out the $100,000 for public schools. It was done so quickly that scarcely anyone realized that the House had so gracefully receded from its position as to the $100,000 for the public schools. THIRD READINo hILLS SENT TO SENATE. All third reading bill were then taken up and ordered sent to the Senate. The third reading bills were: To limit the number of acres land which any alien, or any corporation controlled by aliens, may own within the State. To make township assessors equal. izers of property. To create a State board of ento mology. To provide uniformity and equality in the assessment of property return able for taxation by persons, firms or Qorporations engaged in textile indus tries, etc. To authorize the board of trustees of Clemson College to promulgate and enforce rules and regulations for the guidance of the veterinarian of said College. To protect keepers of boarding houses. To admit dying declarations in civil cases, subject to the same rules * of evidence in force in criminal cases. To amend the General Statutes relating to damages cansed by de foctive highways, causowayt and bridges, now appearing as Section 1,169 of the Revised Statutos of South Carolina. As to ponsions of widows of Con foderate soldiers and sailors. To require all foreign railroad corporations building, operating, purchasing or leasing any railroad in this State to become incorporated under the laws of this Stato. To provide for the election of Code commissioner, etc. To amend the county government law, so far as it relatos to the main taining and working of the roads and highways in the State. To provide for the appointment and compensation of a State geolo gist. To provide a salary for clerks of Court, in lieu and instead of cost and fees in criminal cases. To allow home insurance compa nies to be organized with a capital of $25,000, and to relieve them of the obligation to deposit $10,000 with the State Treasurer for the iecurity of their policy-holders. To amend an Act to provide for Lhe appointmont of magistrates and Lo define the jurisdiction, power and :luties. To repeal an Act relating to fees ind salaries of the county officers of he several counties of this State. Mr. Ashley made a final effort to .ill the bill as to a State entomol )gist, but failed. Mr. Hill wanted to recommit the >ill as to a State geologist. The louse refused to kill the bill and itI *eceived three readings. LANDLORD AND TENANT. The first second reading bill to be ,aken up was that of Mr. Gruber re ating to landlord and tenant. Mr. 3alluchat bad an amendment idopted relative to submitting the natter to jury trial if askod for. The >ill, as ordered to its third reading, provides: Section 1. That an Act entitled 'An Act to amend Section 1,819 of .he General Statutes of 1882, being 3ection 1,939 of the Revised Stat ites of 1893, relating to landlord and :enant," approved the 21st day of February, A. D. 1898, be, and the 3ame is hereby, amended by inserting ifter the word "occurring," and be ore the word "so," in the tenth line >f Section 1 of the same Act, the ,ollowing words: "Provided, further, hat either party to the proceeding ihall have the right to appeal, which appeal shall state further, that either party to the pro. 3eeding shall stay further pro seedmngs upon the tenant entering into bond with sufficient surety or sureties to pay the landlord all dam. iges which he may sustain there by," and adding the said words at and of said section; so that section shall read as follows: Section 1. B3e it enacted by the General Assembly of the State of South Carolina: That Section 1819 of the General Statutes of 1882, be ing Section 1,939 of the Revised Statutes 1893, relating to landlords aind tenants, be amended by strking out the words "to enter upon the premises and claim possession," on fourth and fifth lines thereof, and substitute therefor the words, de mand possession thereof from the person in possession thereof," and by substituting the word "mnagis. trate" for the word "trial justice" wherever occurring: Provided, fur ther, that either party to the pro ceeding shall have the right of ap peal, which appeal shall stay further proceedings, upon the tenant enter ing into bond with suflicient surety or sureties to pay the landlord all damages which he may sustain there by; so that said section, when amended, shall read as follows, to wit: Section 1,819. In all cases where tenants hold over after the expira tion of their lease or contract for rent, whether.the same be in writing or by parol, or shall fail to pay the rent when the same sha~ll become due, the landlord is hereby authorized and empowered, either in person or by agent, to demand possession thereof; and in case of refusal or resistance, it shall be lawfnl for the per.on so letting said premises, housos or tone monts, his agent or attorney, to ap ply to a magistrate, whose duty it. shall bo to have a notice served upon the person or persons so refusing 'o bo dispossessed, to show causo beforo him, if any lie can, within throo days from tho dato of such personal ser vice of such notice, why ho should not bo dispossessed; and if lie fails to show sufficient cause it shall b the duty of the magistrato forth with to issue his warrant, directing to the sheriff of the county, or any constable thereof, requiring him, without delay, to dispossess such person or persons from the premises so lot, and authorizing him to uso such force as may be necessary; Pro vided, that said magistrato shall ro coivo fifty cents for issuing said no tico and warrant, the sheriff or con stablo a fee of one dollar for execut ing the same, to be paid by the party so refusing to be dispossessed; and if said costs cannot be collected from Lhe tenant, then the same shall be paid by the landlord, except in caso f constables and magistrates in 3ounties where they recoivo salaries; Provided, that in case any tenant is ivrongfully dispossessed he, sho or hey may have an action for dani iges against said landlord; Provided, urther, that either party to the pro 3oding shall have the right to ap peal, which appeal shall stay further proceedings, upon the tenant onter ng into bond, with suflicient surety >r sureties, to pay the landlord all amages which he may sustain there. >y. Provided, further, that on do rand by either party to this pro 3eoding trial by jury shall be allowed o decide the issue of fact arising ereunder. The Anti-McLanrin resolution 3amo up in its regular order. As ;oon as the resolution was announced .Ir. McGowan moved to table it. rhis cut off all debate or discussion. Mr. Webb called for the reading >f the resolution, which was done. rhe full text of the resolution has ilready been printed. Mr. McMaster insisted on a yea mad nay vote, which was granted and he vote was taken on the motion to ,abli. PIREFERBRED STOCK. Senator Brice's bill to regulate the asuance of preferred stock by corpo -ations came up. Mr. Frazier's moved to strike out he enacting words. Mr. Thomas explained the necos ity for such a bill to settle a mooted luestion. Many comupanies now is me preferred stock and others did 1o0 know if it were legal or not. Mr. Frasier said he simply wanted o0 protect the small holders. Mr. Cosgrove said it wve.s danger >us to allow two-thirds to vote for preferred stock. He would vote for ;he bill if a unanimous vote be re iulireod. The bill was ordered to its third reading as follows: Section 1. That any corporation ieretofoie or hereafter created or >rganized under any general or so 3ial Act of tho Gei d Assembly nay at any time and from time to ~ime issue stock with preferences, sonditions and liabilities as herein provided. Section 2. When the board of di rectors or managers of any corpora dion as aforesaid deem it advisable to attach conditions, preferences or Liabilities to stock issued or to be is mued, they shall give four weeks' no bice of a stockholders' meettog to sonsider the authorization of such preference or preferences, liabilities r conditions. The said notice shall contam the nmumber of shares and ag gregate amount that it is proposed to issue and the preferences that shall be given to, the condlit ions attached to, and the liabilities imposed upon the stock proposedl to be issued. Section 3. If two-thirds of the stock in value of the said company be present by proxy, or otherwise, at said meeting and shall vote in favor of said preferences, conditions or lia bilities, than the said preferences, conditions and1 liabilities shall be deemed a binding contract entered into by the aforesaid company when the stock shall have been issnea nnd signed by the prosident amt attested by the secretary. Section 1. That at tho organiza tion of any company tho aforesaid four weeks' notico shall not be neces sary or required, provided the sub. scription list shall stato the amount of the proforrod stock that it is pro posed to issno at said organization, and two-thirds of the stock in valuo that has been subscribed shall be present and voto to authorize the issuo of proferred stock as aforesaid. Section 5. To imposo ainy condi tions or to attach any penalties to a portion only of the stock of a corpo ration that was not contemplated or provided at the time said stock was issued it shall be necessary that two thirds of the stock so affected vote therefor after notice as aforesaid. The bill was ordered to its third reading with an amendment by Mr. Dol3ruhl. It roads: Section 1. Stocks representing shares in manufacturing 'orpo rations, chartered under the laws of this State, shall bo doomed, and are hereby declared to be, realty, but the stock roprosenting such shares may be transferred from one person to another, for any purposo whatsoever; by the same mens as are or may bo allowed by law for the transfer of shares in other corpora tions: Provided, the same shall not be subject to ainy claim or dower, shall be subject to debts in execution, or upon attachment as shares of stock in other corporations, and to the laws of distribution of (lecensed into. state's estate, as if the samo woro personal property: Provided, fur ther, that such stocks shall be ex empt in tho hands of the holders from taxation when the corporation is taxed on the value of such stock. Section 2. All Acts and parts of Acts inconsisteut with this Act be, and the same are hereby, repealed. The last bill on the Calendar was Senator Mower's bill to alter the county line of Newberry so as to in. clude in its borders the town of Little Mountain. It was ordered to its third reading. Mr. Richard S. Vhaley offered the following concurrent resolution, which was unanimously agreed to: Be it resolved by the Houso of Ropresentatives, the Senate concur ring, That it is tho desire of the General Assembly of the State of South Carolina that its sister State of Rhode Island should be fully rep resented at the South Carolina Intor State and West Indian Exposition: It is hereby resolved, That a co dial and urgent invitation be, and is, extended to the State of Rhode Island to participate in the Exposi tion at Charleston. Resolved further, That the request be made that the powers and author itw of the Rhode Island commission to the Pan -American Exposition be extended to the Exposition to 1)0 hold at Charleston. lIe it further resolved. That this resolution be communicated1 to theo Governor of Rhode Island and that he be requested -to take such action as he may think necessary to have his State and people fully repro.. sonted at the South Carolhna lInter State and West Indian Exposition. Mr. Bacot then presented the fol lowing resolution, which was unani mously adop)ted: Boe it resolved by the House of Representatives of the Stateoof South Carolina, the Senate concuirring, TIhat each andl every State and Torri.. tory of the Union (and here each and every State and Teorritory is named) be, and is h ereby, invited and urged to appear and make a special exhibit at the Exposition of the South Carolina Inter-State and West Indian Exposition Company, to be held at the (Jity, of Charleston, in the State of South Carolina, from the first (lay of December, A. D. 1001, to the first (lay of June, A. D. 1902, and that each and every one of them will be cordially wvelcomed and fra.. ternally greeted. Resolved further, That the Gov ernor of the State of South Carolina do send a copy bereof to the Gov. ernor of each and eoey State and Territory. The House hadl some f,mi abou the foreign possessionls on this reso. 6lton, but it wvas unanimously adopted and sont to tho Soniato for CoNlt 110leeIC. Columbia, February 14.--Special The General A;sombly to- day wound up all of its Calondar work. Irom nIOw on nothing other thant committoo reports or resolutions cani como up. Tho House, after a sharp contest, Jocided to haiive i Comission ip. [)oinltod and givo this commission rull autlhority to erect an electric lighting pulnt, if dooeied advisable, >r make a contract. TO LIMIT TiNE STATE noUsE. Tho Senato bill relativo to (th ighting of th e Stato Lionso andl(] pub lic buildinlgs c:uno ove'r. After a prolonged discussion tho nenato bill. was ordered to its third .01ding. 'Ile 11111i features of tho >ill aro to appropritto $30,000, to ho Ied, if necessary, to build or equip t plant. The Commission is to con. ;ist of the1 Senato, to be Ippointed >y the President of tle Sonato, aind breo nieniers of the I1onso of I?o resentstives, to ho appointed by the 3polokor, nlid the mimlbors of said Ommlllission shiall receivo tle samo niloago ani por diem as members of ho Gonirad AssomblY. Sectioni . That said ComIllilssion hall havo power to contract for the ighting of said buildings by gas or -loctricity, or both, from the first lay of March, 1901, until the first lay of March, .1902, or until such into as said new plant shill bo avail ble for said purose. Sect ion 4. That said comllission hall havo th' power to Cancel the onract madoon the 26th day of day, A. 1). 1902, with Ithe superin (ndont, of the Penitentiary or the lirectors thereof for the lonso of the anal water power by the Columbia ;lectric Street Railway, Light alid )ower Company, upon such terms as hey ma., deei best for the Stato, mnd inl the event such contract is :aNcelled, said Commission is a. horized to utilizo said water power t connection with the erection and nstalling tho said lighting plant. The House took up all third road ng bills on the Calondar and they vore all ordered to be returned to ,ho Sonato with the approval of the -ouse. This is the last batch of Jonate bills that will have timo to be -onsidered. HILLS 01VEN TNEIR yINAL MAD)IN. To amend an Act relating to lard oril and tenant. 'To priov'k(o for the establ ishmoent >f chain gangs in incorporated cities owns and villages situatedl in coun ies that have no county chain gangs. To regulate the issuance) of pro orrod1 stock by corp)orations. DJeclaring the legal status of shares N manufacturing corp)orations. CJolumbia, F"oburary 1-l.- Special: 'T0 E:NDonisE sENATonI TILLMAN. Trouble broko loose again to-night m thle M'hcLaurini resolutions. Momi >ors were not satisfied1 with the action >f the McMastor resolutions anid to iighit, whien the H ouse wais thinking >f adjournmng, Mr. McLaaughlin, of )rangebu rg, offEered the following -solution: Whereas, the course of our senior senator, the Hton. B. R. Tillmnan, in he UJnitedl States Senate hi s been md is that of a triue D)emocrat and1 sontains much of wvhich his State coels proud and honored, to wit, his roto against the ratificatioln treaty', strong stand1 against the Armor Plate 1'rust, his magifhicont fight against ~ho ship subsidy steal, his manly position in all times in favor of those princi ples and5 measures founded uphonl Jeffersonian D)emoc racy. There fore be it. Resolved, That we, the Repres entatives of the people of South Carolina, do hereby endorse aipprove of the course of our said Senator, B. Rf. Tillmnan, but that it is with great regret that we cannot lend our en dorsement to the course of our junior Senator, .John L. McLaurin, who hais seemingly allied himself with the Republican p)arty and gone back on the tenets of D)omocracy, which is so dear to all true South Carolinians. Mr. Freeman said, that under Rule 30, ho would ask for a diivisiono he A VA I:A j,V TA I LIT. Mr. clerto%-( Prej%j( It tO th0 stte (lov. .11aillen (;terl. (The State, Vo). G.) Mr. Jolin -13. Cloveland of Spartan burg, is about. to present to the State of South Carolina a tablet of blue marble, with a coppor place center, which will bo one of the most valua. blo and iiterestiig Ones inl the walls of th ciapitol. R is inl honor of Janim-i Glei, who was former gov. 0irior of this Stito over )0 years ago. The hadsomo tablot arrived here ye"torday ind is now il the of fico of tho Socretary of Stato. It is abhout throo by fivo foot in sizo. Cut. ill the marblo is the following abovo tho copper coitorpieco: "Jamlles GlNn, Esq., Govoruor of South Carolina, 17.38-1.75. "Ho found tvhem ill ashs and left them fair, fortified and Illourishing." DIelow the plato are the words: "The copper plato was found soveral years ago in th grave of Governor Gloln, at Linlithgow, Scotland. A kliate with the samot iniscription is upon the inner loadn caskot con tinng his r1mains. Presented to Ithe Stato of South Corolina by John 11. Clovelnd, 190M." Ti inscription on the copper plato roads Ihus: Jam1es (len, 03Esqr. ''of L,ongeroft. "alo Governor of South Caro lina. "ohiit 18th Jhuly, 1777. Aotat, 70." lr. Cloveland halts consulted with Gov. M*cSwvony and Prof. RI. Means Davis, am(n arrangements are being perfected for the presentation exer cise to ho hold in the hal of the house of representatives, on Monday Oveiling iext. (I'Ov. McSwoeeny will presido on this Occasion, anld Prof. Davis will deliver the presentation atddress4 on behalf of Mr. Cleveland. 0.9 W T3 XX 'n .A.. Bears tho lho Kind You l1am Always Bought 81gnaturo "A mrTi.u STARTL.INU." This Negro Ihi'am Iows of tho Negro T,he remiarks recently made by ilishop C. S. Smith of the African M. E. church, ats reported in tle Chicago 1iecord, are likoly to shock many porsons in the North who are soHkiiig to solvo the Southern race problem. Bishop Smilh is one of leadersn of hiis raici, a Can4nadian by birth,11. btihas l ived ini the South for thirty years. A man11 of intelligence, 1h( has mado(h a1 thorough study of the raceo(quest ion, and1( what lie says must he taikeni very seriously. In the in terview referred to lhe says: "Here in thli South where I have spent the last thirty years of my life, I ind t hat thie Nort horn man is a greater elemen1'It of discord than thie Southlerui man1 (can1 possibly be, and this paIrticularly true where North eorn people have come South and sot t1( ied iiany grealt number in one plalce. Th'ley are a1 strong element of dlisCord and1( are greater negro haters, ini most, causes, than any south eirnor. I do not muean to infer that I think the southern people are as a rule niegr'o-bators, for I know they are not.'' This is a note in (lie con troversy that is (entirely new. We aire accustomied to being told that Northern interference is making the race quelstioni more diflicult to settle; also that the negro as a race is better treaited ini the South, where (lie whites are more in sympaithuy with him and understand himn bettor, than lie is in the North, where the greatest p)rof(s sions of frienidship aro maude. But to hatve a negro, who is a bishop, bring such a serious accusation agaiinst northerners as Bishop Smith (dees is a little startling-New York Commercial Advertiser. CASTOR IA For Infants and Ohildren. The Kind You Have Always Bought Bears the Signaturo of L,ots of pcople seem to think It bad form to ha 1n011(n In nnhlIc. rosolution, so that tho 1llso coild firtit voto on the resolution ats to Till. man Allnd thon ats to tho part, relat. ing to MA1 ur1inl. Mr. Austin movod to talilo Ar. Jlrlliglnk's motion to rofer tho iat tor. It wis carried by at voto of -1l to 30. Spoakor 1 Stevenison then docidod that. tho resolution may bo divided and not intvrfero with the rosolutionl. nild permit of intelligvnt intorpreta tionl. Mr. Jarnigan then moved tho adop. tion of tho first, part, vlndor ,ing Till Ail. COSOZOVE:'s BkOMBnE.i Boforo ho could get a voto Mr. Cosgrovo, of Charlestonl, presenlted tho following resolutimn, which fur. ther comliplicated ma11tt-1rs find imatdo tho slirl worse: WhlOlls, mel(aIsurevs of groat im portance to tho wel fILro and future prosperi(y of tihot peoplo of tho I'ite(od stattes, ats woll s11. to tho citizols of Souith Carolina, iaivo receitly bvoen and aro now under consideration by Congress, and uponl thoso questions ( hm voto of tih l Ii. Belljamill Ryan TillmIIan. Siitor of thlt St atos, iats bevn givoll in accordinco with tho principlets of trilo Dellmocracy and tho sen1timont of the peopl of South Carolina: Thorvforo be it. iesolved, by tho Hllo of e presonta.ives of tho Stato of Soulith Carolinai, tho Senaulto concur-ring. That th record of Senator B. I %. Tilbman in the Svnato of th1 lUlite(d State' is approved 11s tho t ruo illd only ropresvidativo it this timo of til) Wishes of tho Ieople of South Carolina in thi Senate. iesoolvod. furlther, That a copy of the0 resolti h011 Ie s uit ibly enIgroSS oil and trismitted (o ( Senator Till 111111 I. Mr. Biikis said it sovlleme to him that the undorsemileiit of ''illmanl Wai tho condolination of NIelau11rin, andl(] 011 voto wouil SM114o tho mat11tor. On the motion to indefilitly 11post. pono tho voto stood 3) to .12. So tho 11ou1so refused to kill i r. Cos grove's substituto. Mr. Cosgrovo Imov0d to amlloid so as to inlsort "iln the sonatto," so a1s to apply only to Sonators. Mi. P'aNCE 9s AMENImNT. Mr. Princo mOved to ti rikm out all iftor "approvod," so tile rosoltion wvoulld stand: "Whoreas, Ilmasures of groat import, to tho welfaro anld futur piro8pori(y of the people of the UnI,it(l StalteS., ats well as8 to the citi z0ons of South Cairolina, halvo) rocently boon)1, and( airo niow, undellr considora lion bly CJongressi, and( upon)1 (1h080 ques0tions8 the1 voto of the Ilion. Bon. jamin Ryan Tillman, Senator from this Stato0, h1as beon given1 in accord anIco with1 the( piniciples of t rue Deomocracy and1( the)801 enients of the 1)e01)1 of South1 Carolina, t horofore ho it resolved i)y 1110e House of lio. p)resenltativos of the( State of Sout h Carol ina, t ho 811a111 :onlcurrinlg, 1.h1at 11h0 recordI of Sonator B. RA. Tillman ini the Senato of the Uniited Statos8 is horeby approved.'" M1~r. P.rinco's amen01dmen1t wa hear lily agreold to b)y a viva voce voto and1( cut 0ou1 110 '"only'' clause. Tnli1ou8sE AJ)JO1rIaNs. Bofore anyting 01811 could( be don1e, or the substitut couli be voted1 on, a m1otionl to adjourn bly Mr. B3eam guairdi waH maldo and c:irried, and that l eft the whole matter high and (dry, with Mr. McbLaughilin's mot01ion to talble the CJosgrovo sulbstitute. The mattller wviIll om upj again to morrow. The proposed amend[(monit to till dlistillingf bill is not, inItOnded to afToet beer distilleries9 ill any1 way, but1 is intended to give authlority to es8tIablish a boor b)reYlry or distillery m1 Columbia. Th lous8o wvill 1m)00 at 10 a'clock to mfOlorro. A. K. Bears tho lao Kind You hlavo Always 80ug14 Signaturo~ It is easier for a young man to fool his own mothier thani It is for hIn tc fool aniy other wvomanl. Beara the Iho Kind You llavo Always Beugg4 Signature The man who aims to be good ia til world may miss ilen in 1110 naet.