The Darlington news. (Darlington, S.C.) 1875-1909, December 26, 1878, Image 7
■I
._) pUee Khali, wilbont regard
) conduct of ibe officers, be liable
^.jmplar; damages of not less than
13,000 to the legal representatives of
the person lynched: Provided, further,
That any county against which a judg
ment has been obtained for damages in
■uy case of lynching shalj have the
rjght to recover the amonut of said
augment from the pvrties engaged in
said lynching in anycourtof competent
jurisdiction. __
ARTICLE VII.
OOCNTTI8 AMD COtMTT OOVIBNUINT.
Sec. 1. The general assembly may
establish new counties in the following
manner: Whenever one-third of the
qualified electors withiu the area of
each section of an old county proposed
I cut off to form a new county
tition the governor for the
' connty, setting forth
and showing compli-
iffth the requirements of this ar-
j r the governor shall order an elec
tlon, within a reasonable time there
after, by the qnalitied electors within
the proposed area, in which election
they shall vote “fee” or "No” npon
the question of creating said new
county; and at the same election the
qnestion of a name and a connty seat
for such connty shall be snbmitted to
the electors.
Sec. 2. If two-thirds of thequalifiod
electors voting at snch election shall
vote "Yes” upon such questions, then
the general assembly at the next ses
sion shall establish such new county:
Provided. No section of the county
proposed to be dismembered shall be
thus cut off without consent by a two-
thirds vote of those voting in such sec
tion; and no county shall be formed
without complying with all the condi
tions imposed in tnis article. An elec
tion upon the qnestion of forming the
same proposed new county ahall not
be held oftener than onco in four
.Sec.
t-
years.
Sec. 3. No new county hereafter
formed shall contain less than one one
hundred and twenty-fourth part of the
whole number of iuhabitants of the
State, nor ahall it have less assessed
taxable property thau 31,500,000 as
shown by the last tax returns, nor
shall it contain less area than 400
square miles.
Sec. 4. No old connty shall be re
duced to less area than 600 square
miles, to less assessed taxable proper
ty than Si!,000,000, nor to a smaller
population than 15,000 inhabitants.
Sec. 5. In the formation of new
ooiinties no old coutity shall be cut
within eight miles of its courthouse
building.
Sec. G. All new conntieift here
after furuieti shall bear a just appor
tionment of the valid indebtuess of the
old county or counties from which they
have been formed.
7. The general assembly shall
power to alter connty lines at
-Provided, That before any
connty line is altered the
tion shall be first submitted to the
qualified electors of the territory pro
posed to be taken from one connty and
given to another, and shall have re
ceived two-thirds of the votes cast:
Provided, further, That the change
shall not reduco the county from which
the territory is taken below the limits
ju-eachbed in sections 3, 4 and 5 of
this article: Provided, That the prop
er proportion of the existing connty
indebtedness 0 f the section so trans-
fer.ed shall be assumed by the county
V/ which the territory is transferred.
Sec. 8. No county seat shall be re
moved except by a vote of two-thirds
of the qualified electofs of said county
votiug in an election held for that pur
pose, but snch election shall not be
held in any county oftener than once
in five years.
Sec. 9. Each connty shall constitute
one election district, and shall bo a
body politic and corporate.
Sec. 10. The genersl assembly may
provide for the consolidation of two
or more existing counties if a majority
of the qualified electors of such coun
ties votiug at an election held for that
purpose shall vote separately therefor,
bnt such election shall mot be held
oftener than once in lour years in the
■ame counties.
Sec. 11. Each of the several town
ships of this State, with names and
boundaries as now established by law,
shall constitute a body politic and cor
porate, but this shall not prevent the
general assembly from organizing other
townships or changing the boundaries
of those already established; and the
general assembly may provide such
system of township government as it
shall think proper in any and all the
counties, and may make special provis
ion for municipal government and for
the protection of chartered rights and
powers of manioipahties.
See. 12. Until changed by the gen-
mbly. as allowed by this Con-
boundaries of the several
ain as now estab-
the boundaries of
of Edgefield shall undergo
changes as are made necessary by
the formation of n new county from a
portion of Edgefield, to be known as
ftaluda, the boundaries of which are set
forth is a Constitutional ordinance.
The election ordered in said ordinance
fbr the location of its county seat shall
be held under the Cousdtution and
Ihws now of force. And the general
assembly shall provide for the assess
ment of property in the county of
Saluda for the fiscal year beginning
January 1st, 1896, and for the collec
tion of said taxes wheu assessed.
See. 13. The general assembly may
nt any time arrange the various coun
ties into judicial circuits, and into
congressional districts, including the
county of Huliida, as it may deem wise
and proper, and may establish or alter
the location of voting precincts in any
county.
Sec. 14. Hereafter no county lines
shall be so established as to pass
through any incorporated city or town
at this State.
ARTICLE VIIL
•IftTHICIPAI. CORPORATIONS AND POLIO*
RKOT’I. ATIONS.
Suction 1. The general assembly
shall provide by general laws for the
organization and classification of mu
nicipal corporations. The powers of
each class shall be defined so that no
snch corporations shall have any pow
ers or be subject to any restrictions
other than all corporations of the same
class. Cities and towns now existing
nnder special charters may re-organize
nnder the general laws of the State,
and when so re-organized their special
charters shall cease and determine.
Sec. 2. No city or town ahall be or
ganized without the consent of the
majority of the electors residing and
entitled by law to vote witbin the dis
trict proposed to bo incorporated; such
consent to be ascertained in the man
ner and nnder such regulations os may
be prescribed by law.
Sec. 3. The general assembly shall
restrict the powers of cities and towns
to levy taxes and assessments, to bor
row money and to contract debts, and
no tax or assessment ahall be levied or
debt contra ted except in pursuance of
law, for public purposes specified by
law.
Sec. 4. No law shall be passed by
the general assembly granting the right
to construct and operate a street or
other railway, telegraph, telephone or
eleotrie plant, or to erect water or gits
works for public use or to lay mains
for any purpose, without first obtain
ing the consent of the local authorities
in control of the streets or public
places proposed to be occupied for any
such or like purposes.
Sec. 5. Cities and towns may ac
quire, by construction or purchi-.se,
and may operate water works systems
and plants for furnishing lights, and
may furnish water and lights to indi
viduals, firms and private corporations
for reasonable compensation: Provid
ed, that no such construction or pur
chase shall be made except npon a ma
jority vote of the electors in said cities
or towns who are qualified to vote on
the bonded indebtedness of said cities
or towns.
Sec. 6. The corporate authorities
of cities and towns in this State shall
be vested with power to assess and
collect taxes for corporate purposes,
said taxes to be nniform in respect to
persons and property witbin the juris
diction of the body composing the
same; and all the property except such
as is exempt by law, within the limits of
cities and towns shall be taxed for the
payment of debts contracted under au
thority of law. License or privileged
taxes imposed shall be graduated so
as to secure a just imposition of such
tax npon the classes subject thereto.
Sec. 7. No city or towuin thisStsie
shall hereafter incur any bonded debt,
which, including existing bonded in
debtedness, shall exceed 8 per centum
of the assessed value of the taxable
property therein, and no such debt
shall be created without submitting the
question as to the creation thereof to
the qualified electors of such city or
town, as provided in this Constitution
for such special elections; and unless a
majority of such electors votiug on the
question shall be in favor of creating
such further bonded debt, none shall
be created; Provided, that this section
shall not be construed to prevent the
issuing of certificates of indebtedness
in anticipation of the collection of
taxes for amounts actually contained
or to be contained in the taxes for the
year wheu such certificates are issued
and payable out of such taxes: And
provided, further, that such cities and
towns shall on the issuing of such
bonds create a sinking fund fur the re
demption thereof at maturity. Noth
ing herein contained shall prevent the
issuing of bonds to an amount sufficient
to rotund bonded indebtedness exist
ing at the time of the adoption of this
Constitution.
Sec. 8. Citiesand towns may exempt
from taxation, by general or special
ordinance, except for school purposes,
manufactories established within their
limits furtive successive years from the
time of the establishment of such man
ufactories: Provided, that such ordi
nance ahall be first ratified by a ma
jority of such qualified electors of such
city or town as shall vote at an elec
tion held for that pnrpoae.
Sec. 9. No armed police force or
representatives of a detective agency
shall ever be brought into this State
for the suppression of domestic vio
lence; nor any other armed or unarmed
body of men lie brought in for that
purpose, except upon the application
of the general assembly or of the ex
ecutive of this State (when the gener
al assembly is not in session,) as pro
vided in the Constitution of the United
States. The general assembly shall
provide proper penalties for the* en
forcement of the provisions of this
section.
Sec. 10. It shall be the duty of the
general assembly to creato boards of
health wherever they may‘be neces
sary, giving to them poweraod author
ity to mske such regulatious as shall
protect thtf health of the community
and abate nuisances.
Sec. 11. In the exercise of the po
lice po-"er the general assembly shall
have the right to prohibit the maun-
facture and sale and retail of alcoholic
liquors or beverages withiu the Slate.
The general assembly may license per
sona or corporations to mannfiu-tiire
and sell and retail alcoholic liquors or
beverages witbin the State-under such
rules and restnetiuns as it deems prop
er; or the general assembly may pro i
hibit the manufacture and sale and re
tail of alcoholic liquors and beverages
within the State, and may authorize
and empower the Slate, county and
mnnicq al officers, all or either, nnder
the authority and in the name of the
State, to bay in auy market and retail
withiu the State liquors and (leverages
in such packages and quantities, un
der snch rules and leaulatious, as it
deems expedient; Provided, that no li
cense ahall be granted to tell alcoholic
beverages in loss quantities than one
half pint, or to sell them between sun
down and sunrise, or to sell them to be
drunk on the premises: And provided,
further, that the general assembly
shall not delegate to any municipal
corporation the power to issm- licenses
to sell the same.
Sec. 12. All prize-fighting is prohib
ited in this State, and the general as
sembly shall provide by proper laws
for the prevention and punishment of
the same.
ARTICLE IX.
OOBPO RATIONS.
Section 1. The term corposation as
used in this article inclndes all associa
tions and joint stock companies having
powers and privileges not possessed by
individuals or partnerships and ex
cludes municipal corporations.
Sec. 2. No charter of incorporation
shall be granted, changed or amended
by special law, except in the case of
such charitable, educational, penal or
reformatory corporations as may lie
under the control of the State, or may
be provided for in this Constitution,
bnt the general assembly shall provide
by general laws forchauging or amend
ing existing charters, and for the or
ganization of all corporations here
after to lie created, and any such law
so passed, as well as all charters now
existing or hereafter created, shall bo
subject to future repeal or -alteration;
provided, that the general assembly
may by atwo-thirda voteof each house
on a concnrrent resolution allow a bill
for a special charter to be introduced,
and when so introduced may pass the
same aa other bills.
Sec. 3. All railroad, express, canal
and other corporations engaged in
transportation for hire and ail tele
graph and other corporations lAigaged
in the business of transmittiug^intelli-
gence for hire are common carriers in
their respective lines of business, and
are subject to liability and taxation as
such. It shall be unlawful for any
snch corporation to make any contract
relieving it of its common law liabil
ity or limiting the same, in reference
to the carriage of passengers. ’
Sec. 4. Every corporation organized
or doing business in this State, other
than religious, educational or benevo
lent associations, shall have and maintain
at least one agent in this State njion
whom process may be served, and at
least one public office for the transec
tion of its business. Provided, This
section shall not apply to mercantile
corporations: Provided, That nothing
contained in this section shall be con
strued to prohibit the general assem
bly from providing for the service of
process on any agent of a corporation
so as to bind such coporation.
Sec. 6. No discrimination in
charges or facilities for transportation
of the same classes of freight or pus-
sengeis, or for the transmission of in
telligence within this State, or coming
from or going to any other State, shall
be made by any railroad or other
transportation or transmission compa
ny betwe en places or persons.
Persons and property transported
by any railroad or any other transpor
tation or transmisaion company or cor
poration, shall be delivered at any
station, landing or port at charges not
exceeding the charges for the trans
portation of persons and property of
the same class, in the same direction,
to any more distant station, landing
or port. Excursion and commutation
tickets may be issued at special rates.
This section shall not prevent the rail
road commission from making such
competive rates as slisll, in their judg
ment, be just and equitable between
the railroads and the public, at all
junctional and competive points or at
points where water competition con
trols the traffic or at points where the
competition of points located in other
States may make necessary the pre
scribing of different rates for the pro
tection of the commerce of this State.
Sec. G. Any railroad or other trans
portation corporation, and auy tele
graph or other transmitting corpora
tion, organized nnder the laws of this
State, shall have the right to connect
its roads or lines, at the Stale line, with
those in other States, and shall have
the right to intersect with or croas any
other railroad, street railway, trans
portatiou road or transmitting line,
and shall each receive and transport
the freight, passengers, cars (loaded or
empty) and messages delivered to
it by another without delay or dis
crimination.
Sec. 7. No railroad, or other trans
portation company, and no telegraph
or other transmitting corporation, or
the lessees, purchasers or managers of
any snch corporation, shall consolidate
the stock, property or franchises of
snch corporation with, or lease or pur
chase the works or franchises of, or in
any way control, any otheilrsilroad or
other transportation, telegraph or other
transmitting company owning or hav
ing nnder its control a parallel or com
peting line; and the question whether,
railroads or other transiKirtation, tele
graph or other transmitting companies
are parallel or competing lines shall,
when demanded by the party com
plainant, be decided by a jury as in
otb'T civil canoes.
Sec. 8. The general assembly shall
not grant to any foreign corporation
or association a license to build, oper
ate or lease any railroad in this State;
but in all cases where a railroad is to
be built or operated, or is sow being
operated, in this State, and the same
shall he partly in this State and partly
in another State, or in other States,
the owners or projectors thereof shall
first become incorporated nnder the
laws’of this State; nor shall any for*
eign corporation or association leaseor
operate any railroad in this State, or
purchase the same or any interest there
in. CVmaolidation of any railroad lines
mid corporations in tbia State with
others shall be allowed only where the
consolidated com) any shall become a
domestic corporation of this State. No
general or special law ahall ever be
passed for the benefit of any foreign
corporation operating a railroad nnder
an existing license of this State or un
der any existing lease, and no grant of
any right or privilege and no exemp
tion from auy burden shall be made to
any snch foreign corporation, except
upon the condition that the owners or
stockholders thereof shall first organ
ize a corporation in this State nnder
the laws thereof, and shall thereafter
operate and manage the same and the
business thereof nnder said domestic
charter.
See. 9. The general assembly shall
have no power to grant any special
charter for banking purposes, but cor
porations or associations may be form
ed for such purposes nnder general
laws, with such privileges, powers and
limitations, not inconsistent with this
Constitutiap.^lrit may deem proper.
The genera
law for thoj
inspection
corporatior
[assembly shall provide byJ,
irongh examination and\
and
and
fiscal
all banking
^p>f this State.
| Bee. 10. Stuck or bonds shall not
be issued by any corporation save for
labor done, or money or property]
actually received or subscribed; and
all fictitious increase of stock or in
debtedness shall be void.
See. 11. The general assembly shall
provide by law for the election of di
rectors, trustees or managers of all
corporations so that each stockholder
shall be allowed to oast, in person or
by proxy, as many votes as the number
of shares ha owns multiplied by the
number of directors, trustees or man
agers to be elected, the same to bo east
for any one candidate or to lie distrib
uted among two or more candidates.
Sec. 12. Corporations shall not en
gage in any business except that speci
fically authorized by tbeir charters or
necessarily incident thereto.
Sec. 13. The general assemhty shall
enact laws to prevent all trusts, com-
ibinations, contracts and agreements
against the public welfare; and to pre
vent abuses,nii just discrimination sand
extortion in all charges of transport
ing and transmitting companies; and
shall pass laws for the supervision and
regulation of snch companies by com
mission or otherwise, and shall provide
adequate penalties, to the extent, if
necessary for that purpose, of forfeit
ure of their franchises.
Sec. 14. A commission is hereby es
tablished to be known as “the railroad
commission,” which shall be composed
of not less than three members, whose
powers over all transporting and trans
mitting corporations, ar d duties, man
ner of election and term of office shall
be regulated by law; and until other
wise provided by law the said commis
sioners shall have the same powersand
jurisdiction, perform the same duties
and receive the same compensation aa
now conferred, prescribed and allowed
by law to the existing railroad commis-|
sioners; provided, that the members
thereof shall be elected at the expira
tion of the terms of the present rail
road commissioners, who are hereby
continned in office for the terms for
which they were elected.
Sec. 15. Every employee of any
railroad corporation shall have the
snme rights and remedies for any in
jury suffered by him from the acts
or omissions of said corporation or its
exployees, aa are allowed by law to
other persons not employees, when the
injury results from the negligence of a
superior agent or officer, or of a per
son having a right to control or direct
tne services of a party injured, and
also when the injury results from the
negligence of a fellow servant engaged
in another dcjiartment, of labor from
that of the party injured, or of a fel
low servant on another train of cars,
or one engaged about a different piece
of work. Knowledge by any employee!
injured of the defective or unsafe
character or condition of any machin
ery, ways or appliances shall be no
defence to an action for injury caused
thereby, except to conductors or en
gineers in charge of dsngerons or un
safe cars or engines voluntarily opera
ted by them. 'When death ensues
from any injury to employees, the
legal or personal representatives of the
person injured shall have the same
right and remedies as are allowed by
law to such representatives of other
persons. Any contract or agreement,
expressed or implied, made by any i
employee to waive the benefit of this
section shall be nnll and void; and
this section shall not be construed to
deprive any employee of a corporation,
or his legal or personal representa
tive, of auy remedy or right that he
now has by the law of the land. The
general assembly may extend the rem -
edit s herein provided for to any
other class or employees.
Sec. 16. All existing charters or
grants of corporate franchise nnder
which organizations have not in good
faith taken pi tee at the adoption of
this Oonslitntihn shall be subject to
the provisions of this article.
Sec. 17. The general assembly shall
never remit the forfeiture of the fran
chise of any corporation now char
tered, nor alter nor amend the charter
thereof, nor pass any general or spe
cial law for the benefit of such cor-
p .ration, except npon the condition
that snch corporation shall thereafter
hold its charter and franchise subject
to the provisions of this Constitution,
and the acceptance by any corporation
of any provision of any such laws or
the taking of any benefit or advantage
from the same nhall be conclusively
Mid an agreement by snch corporation
to hold its charter and franchise under
the provisions of this article.
Sec. 18i The stockholders of all in
solvent corporations shall be individn-
ally liable to the creditors thereof only
to the extent of the amount remaining
due to tbe corporation npon the stock
owned by them: Provided, That stock
holders in banks or banking institu
tions shall be liable to depositors
therein in a sum equal in amount to
their stock over and above the face
value of the same.
Sec. 19. Nothing prohibited in this
article ahall be permitted to be done by
any corporation or company, persons
or person, either for its or their own
benefit or otherwise, by its or tbeir
holding or controlling in its or their
own name or otherwise, or in the name
of any other person or persons, or oth
er corporation or company whatsoever,
a majority of the capital (took, or of
bonds having voting power, of any rail
road or transportation company, or
corporation created by or exiating un
der the laws of this State, or doing
business within this State.
See. 20. No right of way shall be
appropriated to the nse of any corpor
ation until lull compensation therefor
shall be first made to the owner, or se
cured by a deposit of money, irrespec
tive of any benefit from any improve
ment proposed by such corporation,
compensation shall be /fiQR
by a jury of 12 men in acojl^S^
Tird, ns shall lie prescribed by V
Sec. 21. The general assembly hSuSt
enforce the provisions of this article by
approprite legislation.
ARTICLE X.
FINANCR AND TAXATION.
HSectiou 1. The general assembly
Isliall provide by law for a uniform and
equal rate of assessment ami taxation,
and shall prescribe regulations to se
cure a just valuation for taxation of all
property, real, personal and possessory,
except mines and mining claims, the
prodnetsof which alone shall be taxed;
and also excepting such property as
may heexempted by law for municipal,
educational, literary, scientific, re
ligious or charitable purposes: Pro
vided, however. That the general as
sembly may impose a capitation tax
upon such domestic animals as from
their nature and habits are destructive
of other property: And provided,
further, That the general assembly
may provide for a graduated tax ou
incomes, and for a graduated license on
occupations and business.
Sec. 2. The generable assembly
shall provide for an annual tax suf
ficient to defray the estimated ex
penses of the State for each year, and
whenever it shall happen that the or
dinary expenses of the State for any
year shall exceed the income of the
State for such year tne general as
sembly shall provide for levying a tux
for the ensuiug year sufficient, with
other sources of income, to pay the
deficiency of the proceeding year to
gether with tbe estimated expenses of
the ensuing year.
See. 3. No tax shall be levied ex
cept in pursuance of a law which shall
distinctly state the object of the same;
to which object the tax shall be ap
plied.
Sec. 4. There shall be exempted
from taxation all county, township
and municipal property used exclu
sively for public purposes and not for
revenue, and the property of all|
schools, colleges, and institutions of
learning, all charitable institntious in
tbe nature of asylums for the infirm,
deaf and dumb, blind, idiotie and in
digent persons, except where the prof
its of such institutions are applied to
private uses; all public libraries,
churches, parsonages and burying
grounds; but propel ty of associations
and societies, although connected
with charitable objects, shall not be
exempt from State, county, or munic
ipal taxation: Provided, That as to
real estate this exemption ahull not
extend beyond tbe buildings and
premises actually occupied by such
schools, colleges, institutions of learn
ing, asylums, libraries, churches, par
sonages and burial grounds, although
connected with cnaritable objects.
Sec. 5. Tbe corporate authorities of
counties, townships, school districts,
cities, towns and villages may be vest
ed with power to assess and collect
taxes for corporate purposes; snch
taxes to be uuifurm in respect to per
sons and property witbin the jurisdic
tion of the body imposing the same.
All shares of the stockholders in any
bank or banking association located in
this State, whether now or hereafter
incorporated, or organized nnder the
laws of this State or of tbe United
States, shall be listed at tbeir true
value in money, and taxed for munic
ipal purposes in the city, xrard, town
or incorporated village where snch
bank is located, and not elsewhere:
Provided, That the words "true value
in money” as used in line 12 of this
section shall,be so construed as to
mean and include all surplus or extra
moneys, capital, and every species of
personal property of value owned or
in possession of any such I auk: Pro
vided, A like rule of taxation shall ap
ply to the stockholders of all corpora
tions other than banking institutions.
And the general assembly shall reqnire
that all the property, except that here
in permitted to he exempted witbin
ll^imits of municipal corporations,
sBgBlte taxed for corporate purposes
aimAAr the payment of debts contr*c~
ed under authority of law. The
bonded debt of auy connty, township,
school district, municipal corporation
or political division or subdivixion of
this State shall never exceed 8 per
centum of the assessed value of all the
taxable property therein. And no
county, township, municipal corpora
tion or other political division of this
State shall hereafter be authorized to
increase its bonded indebtedness if at
the time of auy proposed increase
thereof the aggregate amount of its
already existing bonded debt amounts
to 8 per centum of tbe value of all
taxable property therein as ascertained
by the valuation for State taxation.
And wherever there shall be several
political divisions or municipal corpo
rations coveriug or extending over the
same territory, or poi tious thereof,
possessing a power to levy a tax or
contract debt, then each of anch’ po
litical divisions or municipal corpora
tions shall so exercise its power to
increase its debt under the foregoing
8 per cent limitation that the aggregate
debt ove- and upon any territory of
this State shall never exceed 15 per
centum of the value of all taxable
property in auch territory as valued
for taxation by the State: Provided,
That nothing herein shall prevent the
issue of bonds for the purpose of pay
ing or refunding any valid municipal
debt heretofore contracted in excess of
8 per centum of the assessed value of
all the taxable property therein.
Sec. 6. The credit of the State shall
not be pledged or loaned for the ben
efit of any individual, company, asso
ciation or corporation; and the StaU
shall not become a joint owner of or
stockholder in any company, associa
tion or corporation. Tbe general as
sembly shall net have power to author
ize any connty or township to levy a
tax or isaue bonds for any purpose ex
cept for educational purposes, to build
and repair public roads, buildings and
bridges, to maintain and support pris
oners. pay jurora, connty officers, and
for litigation, quarantine and court
expenses, and for ordinary county
purposes, to support paupers, and pay
past indebebtedness.
8ec. 7. No scrip, certificate or other
evidence of State indebtedness shall be
issued except for the redemption of
stock, bonds or other evidences of in
debtedness previously issued, or for
such debts as are expressly authorized
in this Constitution.
Sec. 8. An accurate statement of the
receipts and expenditures of the pub
lie money shall be published with the
laws of each regular session of the gen
eral assembly, in snch maimer as may
by law be directed.
Sec. 9. Money shall be drawn from
the treasury only in pursuance of up-
1 ropriutions made by law.
Sec. 10. Tbe fiscal year shall com
mence ou the first day of January iu
eiu h year.
Sec. 11. To the end that the public
debtof South Carolina may not here-
alter be increased without tbe due con
sideration and free consent of the peo
ple ©f the State, the general aasembly
is hereby forbidden to creato any fur
ther debt or obligation, either by the
loan of the credit of the State by guar
anty, endorsement or otherwise, except
for the ordinary and current bnsintsu
of the State, without first submitting
the question as to the creation of Hueh
new debt, guaranty, endorsement or
loan of its credit to the qualified elec
tors of this State at a general State
election; and unless two-thirds of the
qualified electors of this State, votiug
on the question, shall be in favor of in
creasing the debt, guaranty, endorse
ment or loan of its credit, none shall
be created or made. And any debt con
tracted by the State shall be by loan on
State bonds, of amounts not less than
$50 each, bearingiuterest, payable not
more than 40 years after final passage
of the law autboriz.iug such debt. A
correct registry of all such bonds shall
be kept by the treasurer in mmuAiealN
order, so ns to always exhibit the num- V
ber and amount unpaid, and to whom
severally made payable. And tbe gen
eral assembly shall levy an annual tax
sufficient to pay the annual interest on
said bonds.
Sec. 12. Suitable laws shall be pass
ed by tbe general assembly for tho
safe-keeping, transfer and disburse
ment of,the State, country and school
funds; and all officers and other per
sons charged with tbe same shall keep
an accurate entry of each sum received,
and of each payment and transfer and
shall give such security for the faithful
discharge of such duties as the general
assembly may provide. And it shall
be the duty of the general assembly
to pass laws making embezzlement of
such funds a felony, punishable by line
and imprisonment, proportioned to the
amount of the deficiency or embezzle
ment, and the patty convicted of such
felony shall be disqualified from ever
holding any office of honor or emolu
ment iu this State: Provided, however,
that the general assembly, by a two-
thirds vote, may remove the disability
npon payment in full of the principal
and interest of tho sum embezzled.
See. 13. Tbe general assembly shall , t
provide for the assessment of all prop
erty for taxation; and State, county,
township, school, municipal and all
other taxes shall be levied on the same
assessment, which shall be that made
for State taxes; and the taxes for the
subdivision of the State shall be levied
and collected by the respective fiscal
authorities thereof.
ARTICLE XI.
rDUCATlON.
Section 1. The supervision of pub
lic instruction shall lie vested in the
State superintendent of education,
w ho shall be elected for tbe term of
two years by the qualified electors of
the State, iu such manner and at such
time as tho other State officers are
elected; his powers, duties and com
pensation shall be defined by the gen
eral assembly.
Sec. 2. There shall be a State
board of edneation, composed of the
overnor, the state superintendent of
education, and not exceeding seven
persons to be appointed by the govern
or every four years, of which board
tbe governor shall bo chairman, and
tho state superintendent of education,
secretary. This hoard shall have the
regulation of examination of teachers
applying for certificates of qualifica
tion, and shall award all scholarships
and have such other powers and duties
as may be determined by law. The
travelling expenses of tbe persons to
be appointed shall be provided for by
tbe general assembly.
Sec. 3. Tbe general assembly
shall make pro. ision for the election
or appointment of all other necessary
school officers, and shall define their
qualification, powers, duties, compen
sation and terms of office.
Sec. 4. The salaries of the State
and county school officers and com
pensation of county treasurers for col
li cting and disbursing school moneys
shall cot lie paid out of the school
funds, but shall be otherwise provided
for by the general assembly.
Sec. 5. The gencial aasembly «bail
provide for s liberal system of free