The watchman and southron. (Sumter, S.C.) 1881-1930, December 02, 1891, Watchman and Southron Supplement, Image 7
Sumter, S. C.
SUPPLEMENT.
COMPREHENSIVE REVIEW.
RECOMMENDATIONS FOR THE CONSIDER?
ATION OF THE LEGISLATURE.
Message of Governor B. K. Tillman,
as Presented Co the General As?
sembly. November 24. 1891.
Gentlemen of the General Assembly:
Ano lier year bas come and ?one. bringing
the period lor the representatives of the peo
pie to meetaml periorm their fonctions as a 1
part of the government; and, as required by
the Constitution, it is a duty imposed upon
the Executive to w?n e to the General Assem?
bly information of the condition of the State,
and recommend tor thew consideration such
measures ?s he shall jud?e necessary or
expedient."
The reports of the several heads of depart?
ments and Executive Boards witt lurnisn full
information and details concern in:; u l State
institutions and the several departments of
the State government. Bul 1 will briefly
condense such information as I deem most
important, and which will aid your honor?
able body to grasp the general situation in
the State and condition of its institutions.
Finances.
The reports of the State Treasurer and
Comptroller General are very full and com?
prehensive, and an examination of them
will give a clear understanding of the State's
finances. The condition ot the Treasury is
better thau it was last year, but is far from
being satisfactory.
I desire tp compliment Treasurer Bates for j
the clear, and comprehensive manner in
which he has set forth the condition of our
finances. It is so plain that the dullest can
comprehend it-a criticism which does not j
apply to some of bis predecessor's reports.
I will only give a brief summary, so that
you can gather the general situation.
RECEIPTS AXD EXPENDITURES.
Cash on hand October 31,1890.5 77,9? 93
Receipts, all sources. 1,073.732 98 j
Total.$1,151.696 91
Expenditures.$1,057,081 $9
Balance October 31,1891. 61,015 02
Total.?1,151,696 91
The following is a comparative statement
tetween 1S90 and 1891 as to cash on hand :
1890.
Cash balance October 31,1890._S 77,943 93
Outstanding warrants. 41.802 82
Net cash balance.$ 36.14111
Borrowed monev. 50,500 00
Overdrawn on banks. 22,800 00
Due by State October 31, i890...$ 73.300 00
Less cash. 86,1 il ll
Leaving net debt, October 31,
1890.-.S 37,1-38 S9
1891.
Cash on hand October 31,1891.S 61,615 02
Less outstanding warrants. 14,25?* N>
Net balance.S 50.364 li;
Add balance paid for 189J. 37,158 sit
Difference in favor of 1S91.S 87,52* 08
Here isa comparative statement of liabil?
ities or floating iudebtedness, which may be
called for any time :
1890.
DEBTOR. *
Cash liabilities, October31,1S90.? 4S9.197 *>
Net debtor.$ 411,253 40 ?
CREDITOR.
Assets, October 31,1S90:
Cash in Treasury. 77,943 23
Itemized as follows:
NOVEMBER 1, 1S90.
Assets in cash, October 31,1S99 :
Cash balance, October 31,1890.$ 77,943 931
As follows:
General account.? 3.943 06
Department Agriculture.... 33,622 27
Sinking Fund Commis?
sion. 39.337 40
Redemption deficiencies.... I.C4I 20
Total_.S 77,943 9-1
Current liabilities, in cash, Octo?
ber 81, 1890:
Interest due and not called for. 177,87s $4
Loan (interest to be included,
$500).-. 50,000 00
Department Agriculture, due ou
department warrants (since
paid). 6,047 Ol
Department Agriculture, applied
to Clemson College. 15,000 O ' I
Sinking Fund Commission. 39.837 4?;?
Interest on bonds not yet funded... 91.326 00
Unpaid balance of appropriations.. 106,608 07
$ 4S9.197
1891.
Cash liabilities November 1.1891.$ 42S.2>> S3
Cash assets November 1,1S91. 61,615 02
Net cash indebtedness.$ 363.617 bl
As shown in following:
ABSTRACT CASH ASSETS AND LIABILITIES,
NOVEMBER 1, 1891.
Assets in cash October 31,1F91 :
Cash balance October 3i, 1S91...S 01,615 02
As follows :
General account. 22.876 49
Department, of Agriculture. 1,114 52
Privilege fertilizer tax. 187 50
Sinking Fund Commission. 31,oiu 3J
Redemption deficiencies (sales
Blues). 998 97
Clemson bequest, cash. 5,247 78
Excbeat^d property, cash. 2,661 64
Downer Fund, cash. 517 7s
Total.S 64,615 02
CURRENT CASH LIABILITIES 'oCTOBKR Cl.
1891.
Interest due and not called for.S 178,996 61
Interest on bonds not yet funded,
after funding. !r2.si?3 4'->
Sinking Fund Commission. ?1,010 34
Special accounts reserved. 9,332 lu
Unpaid balances of appropriations 116.000 00
The following ls an abstract of liabilities
other than cash, 1st November, 1S91. (Bond
debt :)
Total liabilities 1st November. 1S9<? :
Cash liabilities.S 4S9,197 ?1
Liabilities other than
cash. 6,433.51;
$0.022,715 05
Cash assets 1st Novem?
ber, 1*90. 77,913 S3
Net indebtedness 1st
November, 1S90. $6,814,771 12
Total liabilities 1st November, 1891 :"
Cash liabilities.$ 42S.2U2 84
Liabilities other than
cash. 6,406,606 00
-$C,s31,8;l? 83
Cash assets 1st Novem?
ber. ?33*. 64,'115 02
Net indebtedness 1st
November 1891. $<?,770,223 si
During the year the
Sinking Fund Com- j
mission has pur?
chased and retired j
Brown Consols
amounting to.$ 26,91172
ABSTRACT OK LIABILITIES OTHER JUAN
CASH, NOVEMBER 1ST, 1891.
Brown Consols.$5.::9.;.076 7??
Blue 4 1-2 per cents. 400,000 <x>
Brown 4 per cents, ?9? 29,:;;H; 70
Agricultural College
Scrip. 19l.s<?0 Ot"?
Deficiency Stock out
s:anding. 717 72
Bonds and stock si i li
lundabie in Brown
Consols, less inva?
lidity, <tc. 391.614 SS
-56,406,606 0>">
Tho following extract from the Treasurer's
Repoi t calls attention to matters which arc
of great importance, and I cannot better pres
eat them than in the la ngucge of that<?nicer
w--?a-ma11" ^^"^^^^ r^~^ *
; UI beg leave to call your attention, and
L?f the Legislature especia:ly, to the tact
the State owes a large fioaiing debt, es nm
at Si7i.S90.07 ot" past due i uteri st alone
sides unpaid appropriations as Sci forthat
and lo tilt' timber fact Ulai Thu so-.-;
.Treasury Reserve Fund' is'practically an
represen ling for nie moss part, deots and
credits of the State. Taesinfciug Fund
lion of what constituted Hie original *?i
ury Keserve Fund,' amounting to SlO.l
when the Act was passed iu lss-;, bas s
I been expended, as I understand, under :
Ig?veruiag the ?Sinking Fund, in paymen
warrants drawn against it by me i>.>ai
Commissioners ol inc sinking Fund, i i;
rect tax lund poi;ion under Aol ol
amounting origina! ?y toSSy,2-J ! 20, (she ann
received from \ ongress,) has been reduce
$l$,4oS.~?by payuieuts upon ihe warran:
Hie Governor lo pa; ties lo whom it belvii:
under tile law.
"Tue interest on the unfunded bonds
been reduced gradually, as the funding
iJrown Consols progressed, IO S9?s,9 >.l J. ns
timated. Hut ii should be borne in mind t
these are in a sense debts the State owes,
do not constitute a lund practically held
reserve in the State Treasury.
"Tiie only available way ie? create a rest
fund is to raise actual money by taxation
by tue sale of State seem Kies and then 1:
il in reserve for tiie special purposes ?or \v'
it was created. A reserve lund is really m
ed to meei the really latge floating debt of
?State, composed principally of past due.
uncalled for, interest, and interest on nnfii
ed bonds, e.-dimated to be $2?l,$i??.?7, besi
unpaid appropriations, lt wou:d perhaps
ter satisfy me people ol' the Sla'.e if the L?
iature would have this reserve mud mc*
g?ted by acoinpeLent Committee.'"
The"myth"' or mystery ol this "Treas
Reserve Fund*' has tong puzzled mair
sides tneSlaie Treasurer.
The Act ot December 2-2, l$$t>, crealing
Treasury Keserve Fund, set apart ??7-?,r??
and required "That said fund st a!! be held
me Treasurer of the State ol' South Caron
to be used in payment of ail interest due
ou tile bondeu debt ol the ?Slate and appro;
aiions made by the General Assembly : 1
videcl. There be uo oilier Kinds iu the Ta
ury applicable l a?relo. And When taxes
collected and paid into the State Treasu
the Treasurer shall at once, from said COI
lions, replace the amount of said Kese
Fund wnich has oeen used. * * * S;
mud to be used and replaced as hereinbei
cirected in each succeeding fiscal year."
Now, Ihese figures either represented c;
or they did uot ; and ii the motley was tiie
has been since spent in excess of the receij
from taxation, ii should appear. If the mot
can be honestly accouuted lor, ii will b?
source of satisfaction io know it. Therefor
cordially joiu iu the reeommenda.uon ti
steps be taKen to thoroughly investigate i
whole matter. It is idle lo continue to ki
this * mythical'" lund on the books of i
Treasury, and the Act creating ii should
repealed.
As wilt be seen by the Comptroller Gem
al's Report, liiere ls an increase ou Hie ass?:
ed vaiue of property Hus \ c.?:- over last Ol s
00V-'*s and thai officer des; i ves commem
lion lor the zealous and unhitching mani
in which he has endeavored to ferrel out t
dodgers and make them share Ihe burdens
supporiiug the government. The ?atv p
vides thal properly shall be assessed at
"real market value.1' And, while this is di
cult of accomplishment, tne Comptroller a
his subordinales aie none the less bound
their oams lo carry it out, as far as prut ii
Ole. It cannot be done in one year, or in n
and th ?re is neither sense nor law lor t
claim that it mast he done "au in one yea
or not at all. ii is like requiring a child
walk before it crawls, or remain lore vcr in l
cradle. There is, and always will be, greal i
equality in taxation. Much property" will
ways ?.scape entirely : bul when it Ctn
shown that any one species of property
placed on the lax books al its "selling vami
we have gone a long way towards bringing
all up to that stanuard. We have begun .
the railroads and banks. Justice dernan
lhai we go through the whole list, and I jo
the Comptroller in asking that provision
made lora reassessment of laud next ye;
lu this connection i would uige the neeessi
for a change m the County governments ai
Ihe mode of assessing properly.
Comity tiovernincnts.
The office of County Commissioner shou
be abolished, and in place ol ita govern ?ic
by townships substituted. Three in tell ige
men in each township, elected by the vote
thereof, shott'd be entrusted willi me ma
agemeniof the roads and bridges, schoo
aud the assessment oi property m Hie sam
The Chairmen of these local 'Boards siam
constitute a County Board to manage ll
County ri ti au ces, auuif accounts and order e
pendituies. The sala ries, if any, paid tb;-:
Township Commissioners, or Selectmen, ca
be determined by the voters or rixed by hu
fhe Constitution can be changed to abolit
the office of County School Coinmissiotie
and these changes will iuevitabiy result in
greal saving io each County, while mere wi
ue a corresponding increase iu efficient
Property win be assessed at us real value, ail
minions now hidden will be made td pay i
share of taxes. Tfci* County Board should u
sc? constitute ihe County Board of Eqjaiiz
non, instead of being appointed as at preset
by tue Auditor.
lu this Connection I suggest the propriel
of requiring ail notes, ?dS?c, io be stamped t
the County Auditor and placed on tax boo*
to make them collectible by law. Make ti
note shaver or lender pay taxes as well as tl
laud owner whose property sta mis in ii
name while he perhaps owes as much as it
worth. Equity would require that a maud
duct his debts from his properly and p ty ta
on the remainder. This is impracticable, bi
it is better that property shall be trebly ta:
ed, both debtor and creditor paving, than tin
the debtor musi pay double, as he is oblige
todotir.d the creditor pay nothing, as is u
often done.
defaulters.
The investigations by different officers du
ing the year have brought to light the lat
that the "incipient rottenness" charged la:
year as existing in the government was not
myth. A shortage of $5,52$ was discovered i
the office of the Adjutant and Inspector Get
eral, a ?ike deficit of 8980 in the account of Hi
clerk or the Penitentiary, and Ihe Com pt roi lt
General has found slion;?g--s still unsettled i
Hie Treasurers'offices of Charleston, Sunni
and 1'O'on. aggregating SO.tiOS. Tb;it office
says in his Report that there bad been a goo
deal of money made sood of which no men
Hon is made, and that in nearly every Conni
irregularities and errors existed, ?he amouul
aggregating upwards of 520,000, which be co
lected and turned into the Treasury. 'Hies
are the fruits of an examination ol the book
for one year only. W hat would be uncart be
if Ihe investigations were carried back seve;
al years, is teit to conjecture.
The Asylum.
At your last session a special Com mine
was appointed to investigate the arians ?
this institution. This Committee began it
labors in April, and, after taking voluntar,
testimony from some of the employees <>f th
institution.adjourned without completing it
work. They lound, as I afterwards learnet:
that one of *tbe inmates had been allowed t
retain a pistol in his possession, ai.tl other r<
preheusible irregularities. Shot Hy ?Itel
wards this same patient, made a tnurderou
assault on one of the intendant*, and the mal
ter being called to my attention I immediate
ly summoned th? Committee to come bael
and conclude its labors. Two of ino mem
hers, Dr. Strait. Senator from Lancaster, :ni<
Dr. Goodwin, member Of the House iron
Greenville, responded : and as 1 am, unde
the Constitu? ion, charged with the appoint
ment of all officers and employees of Hie in
stitution, ? went with Hie Committee and w<
made a thorough and searching investigatioi
into 'ts management. A stenographer wa
employed; who took down all important tes
timony. a part of which will be printed fo
your information to accompany toe report o
the Committee. We lound that there ha?
been very lax discipline and negligence, at tri
buiable to the Su per in tendent. Dr. P. E. Gril
tin; and after giving that teutteman an op
poriunity to disprove ihe charges mad?
against bim, which he refused to accept, ht
was removed and the institution placed lem
porarily in charge of Dr. Thompson. Th?
correspondence in the ?-ase is on file in lin
Executive office for the inspection ofanj
member ?d' the General Assembly who de
sires to read it. My insight into the condi
lion and workings of tiie institution an?,
knowledge of its wants was largely increase?
ny this personal investigation, and I can reit?
erate, with confidence; ihe opinions and a?:
vice given in my it augural address as t?
[changes in its management.
The present.Su peri lite? dent. Dr .1. W. Bah
cock. an accomplished and thoroughly edu
catedspecialist, who w:;s appointed in .!;.!>
last, and assumed-control on August if., har
made some suggestions in which i bearii !?
occur, in reference io the admission ol pa?
tients, and to othei mattel's connected w-ilh
the institution.
1 A Joint Resolution was passed inst Decem
! ber, authorizing the appointment I" iii'- lix
echttve of a special Committee <>" three pby
I sicians and two citizens w?;.> should examine
the patients in the Asyium an?! rep;?ri as te
'theuumbero! imbeciles and harmless luna?
tics who could be more economical i? suj port
ed at the County Poor Houses. I have never
appoint'd this Committee, because I fell ito?:
ii was an unnecessary expense, ano because
of the fact that the laws governing the ad
mission ol patients to the institution would
in ;i i i probability resui: in the speedy return
ot such inmates to the Asylum. But at my
request the three physicians of the institu?
tion have made au examination into the con?
dition of each ratient. with a view to obtain?
ing this very information. Dr. Babcock's re
I pori is ??iv? n here; ami it .will.be seen that ii
: t hese inmates coming under Hi is description
are re.Lnrned to H?< Counties whence the\
cano-, the expenditures tor maintenance ol
th-.-Asylum will be largely decreased and ?ts
present strained accommodations relieved.
Dr. Babcock advises thai thepower be ??iv?. ?,
! the Superin tendent'and Hie Hoard Phys;,
i elans lo examine patients appiyina foi" ad?
mission w'hen sent" lo the institution undei
the existing laus, mid that th? ir njection be
allowed, if there :~ not conclusive evidence
that theyvare proper person? to bc admitted.
That there are abuses under the present lax
methods,and thai the charity ol the State ls
aoused under the presen! system, beyond
a doubt, bu! his suggestions will secure ? re
from that will relieve the State of an unne?
cessary burden.
OFFICE OF SUPERINTENDENT
SOUTH CAROLINA LUNATIC .\svi.r:.i,
COLUMBIA, s- <*.. Nov, 21, IS9I.
To Un- Excellent}/ H. 1!. TiJman, Governor of
S?ni/i Carolina :
SIR: J find thai there .are now in the Asy- :
lum twenty-one white mah- patients and
twenty-seven colored male patients of the
harmless <-i.-c-s who may .>.* Cisred for hy
friends, or in County Poor Houses, in the
?absence of Dr. Thompson, 1 cnn not ?ive you
lan accurate fist of theft-male patients. I am
siuv. however, that the total number may be
? reducedConsiderably beiow seven hundred,
say six hundred and seventy-five.
Respect rally,
JA.M Ks W. BABCOCK,Supt.
: Tber?are now T S inmates in Asylum.
Attention is called to the fact Thar. County
Commissioners in several instances have re?
fused or neglected to obey Section 1595 of the
(??.?lelil? Statutes, requtrins: imbeciles to bf
removed from the institution when notified
by ihcSup?rintendent. An instance offiag
rani disobedience to ihe lavvoecurred i:i Ucii.
ber las; in Charleston Comity, notwithstahd
ing there was a special Act passed in 1?!
looking to Hie punishment ol the Commis?
sioners of that County (see Section 5. paire
sjs. Acts ISSI,} if they fail to obey Section 1595.
Having elsewhere called attention to the tu-j
tility of the hope of convicting County offi?
cials under certain conditions, this .'act is
mentioned to show the necessity bf granting
tovthe Executive the power of suspension or r
removal for certain offenses when tho law is.1
thus[flagrantly violated. As the question of '
the support, of paupers is thus broached, 1 in?
corporate hen- certain Jae's in reference to :
the Poor Houses of several < \>unties which I
obtained through meir respect i ve Audi lors. :
. . -j.
s Sj' i
E -I?
COUNTIES, if ^ ii -
^ -I REMARKS. ?j
l Il>.i :
> c 5 ~ -
_I_(
Abbeville.8L77S Ul, !
Aileen. 1.52:5 U
Anderson. 2,00U 00
Barnwell. .'.no 00
P.eaufort. 3.C19 si
Berkeley. 5,540 21 Expended for poor.
Charleston.. ... 440 00 Expended for poor.
Chester. 17 1,500 00
Chesterfield 5 45?) 00
Clarendon. 500 O ' : ,
Co ?let ou. 450 oo Expended for poor. ?
Darlington. 1.300 00 Kxpended for poor. !
Edgcfield.20 1,350 00
Fairfield.15 2,301 3S
Florence. :'
Georgetown ... 1.500 00 Had P. H. lo.Iuiy, '91. ?1
Greenville... 32 ?590 00 .. ; J
Hampton. 594 00 |*
Morry. 1.350 00 ,
Kershaw. 1.750 00 j '
Lancaster. 2,25-5 l>:> ; ?
Laurens. 250 00 : 1
Lexington. 000 Oil
Marion. 2,500 00 1
Marlboro. 7 1.000 00 : ;
Newberry ... 14 J,OVO ti!) >
Oconee.12 4S4 83
Orange burg ... 1,275 00 '
Pickens.'..Tax lexy y. mill.
Richland.... 22 4,9C0 0U ! ;
Sparenburg .. 3.<Mi" 0;?
sumter.- 5 i.3!i ; 00 . ; j
Union. 2,000 00 Nearly.
WiirinfebVa ... 771 00
York. 504 90 .*
1
IL will bc seen that the Counties of '. hailes- j
ton, Colleton, Hampton, Williamsburg, Flor- |
euee, and Berkley, Lave no Poor House at ail. i <
notwithstanding Section 87S, which is manda- t
tory, requires the County officials to providef<
one. This accounts for the large number of j j
oat len ts (making it virtually a Poor House <
for thai County) I rom Charleston who are i
dumped on the Asylum, and emphasizes Mic .
argument advanced in my inaugural reunir- ?
ing each County to support its own in mates :<
in that institution, The County of Richland ; t
follows the same method io some extent, al- <
though" it basan Alms House in the city of j j
Columbia, costing ?1,099 annually for support. ' i
There is no tillable laud belonging to it.as re- ?
quired by Section *7s, i LL-VI.? cd statutes, t
Richland, with a population of 3?;,siti, lias GO j j
inmates in the Asy lum, being s??cond on the s
list. Charleston has lo;;, while its population ;
is 59,837. S pa ?tan burg ha< 42, wit h a popula- r
lion ol 55,3$1 : and whi e this County spends . ,*
53.000 on paupers at home. Charleston spends ?
$440. Comment is un neees>ary. it
Before dismissing this matter I would cali j t
attention to the unreasonably and un account- ?
able difieernces in tb?? amount of cost, for
Poor Houses in the di li?rent Cou ??tic-, t
The Peniieuliary.
The Report of the Board of Directors and
Superintendent show this in^tiunion to be in . 1
i healthy condition. The uumber of ?..'!,-.1
vicis tiiis year is 793, as compared with 701 1
last year. Attention iias been paid to the 1
sanitary condition and the proper dieting Of ?
t.he prisoners, the go-ai results of which are v
shown in lije decrease in the death rate, *
which facts are very gratifying.
The financial condition is a> follows:
EXHIBIT A.-A Statement of Cash Receiv- i
ed and Disbursed at Soi.iii Carolina Peniten- ! '
tia ry During the Period Beginning Januarv t"
3rd, 1*91, and Ending October 31s?, 1S91. * ?
DEBTOR. I .
To amount received from r. -I. Lips
scomb, former Superintendent, as
balance on hand January :;, IS'.M.? 4,517 03
To amount received for cnn viet hire.. 25,922 14 ,
To amount received for sales Cotton J
and other farm products. 21,510 70j{
To amount received tor Sundi tes at j'
prison, brick, &c. . 1.910 $7 1
ro amount received ?or Sundi y Stop- .l
paiies, Fines, .tc.... 801 SO '
To amount received tor sa ie of Hos *
iery Mili Machinery. 3,000 0t> ;
Fo amount received for Transporta?
tion new Convicts, November and
December, 1S90. 32C 33rf
To amount received for Transporta- ?
tion new Convicts, 3d January to?l
October, ls?]. 2.531 9t> '
To amount received for visitors," fees.. 4'2? 10 -
$33 ,??35 87
I
CREDITOR. ?
j ;
fly amounts paid per itemized state- 1
merits. j j
Debts Ol Former Administration.$ 4,095 :;:; ,
Pay Roll:-Prison, Farms, and other '. t
camps. 14,722 il
Subsistence. 13.232 17
Incidentals-Wood, (.'??at, ?.vc , ??fee. 4,530 5:;
I Shoes. ? j?s
?. .???thing. 542 ?S <
Ilospital Supplies. 4J". 3s ,
Board of Directo:s. ?.lv'0 19 -
Transportation new Convicts. 2531 90 1
fran por ?ation Discharged Convicts... 777 ^7 ;
Materials for New Hospital Building 235 25 !
Ma'eria] and Supplies for Water
Wheel Wei:. Ci':7 lo j
Ammunition and Supplies used on
Canal. 1.91S :;!' :
Payment on DeSaussure Farm. 2,990 0:' .
Clemson College, pay rolls and ex- ?-1
penses.*. 2,578 71 : *
Balance, Cash on hand.8,430 93 '
S8i,?)3S S7 '.
ASSETS :-Cash <:n hand.$ 8,430 95
A monti t d ne by su n- .
d ry con ti actors for
convi.M biie. 5,300 "0 j
Esttn-ated i"-.?r Col- ,
ton unsold. 15,000 i o
This result, which not satisfactory, is in no '.
W's? attributable to the present manage .
meut, which lias accomplished ail that was ?
possible considering the adverse conditions J
under which th?'institution hus labored the!'
whole year. When the present ma?ane-!:'
ment asssnmed control it found contracts ex- '.
isJin?i with the Cana ! Trustees and the own-? j
<rs cf Tin- tarni-, worked on shares, which ! '
they were obliged tr?, fulfill. Experience foon .
showed that the con? pensa til ?tl alloweil for-j J
the work on the cana! was barely enough to .
pay tor tie.- maintenance and ?tnardin?? o'' tin- ':
prisoners in it.and although a little advance .
in Use ra'e- was .obtained the work iias yield- ?
ed wry liitte or no. profit.
The farming operations, owing to ex?remf- '
iy unfavorable seasons :-n<l the low price ol j1
..otton, hive n?si? lett a very small marjisi). j-J
Titc cannt ts completed, and ii is safe io say 1
thal it has cost ! e Slate ol South Carolina '.
not less i han > ?..(*. This amount she has ;
nresented to .!;.. Ci:y ot Columbia in !:cu ot !
5t?t* hoi"s?-power^developed at !:.<. ivi-itenti- 1
a ry : nut Wi wi:! hi?pe that.the increase in
property va lues, which are expected ! . > result -
from:the-.development'of the water power;
wi:; in time reimburse the State. Tia-; . is :
on-.- contrae! tor a year st?l I-.I be follitSfd, Hie v
work bellin on shares, but the Directors have
d: <-id? d il at in fut ure Ha y will oui;, bum ;
out. the convicts tv^r a net sum per capita to j
??.con'tractors, and they''"will bend al I; their ea- '
erg:es in farming to thc development <.! it^
stale farm it: Sumter County, known as thc
i icsaussut e Place. ; ;
l'hostj?iale t'osni?tssio?. t
In accordance wit h a provision of toe Ad i
creatina the same, the Phosphate Commis- ,
sion, of 'which th.- Executive is rr-* ..:!>?;., a ,
member, was organized in .Iannary la-'.ai.d .
we made an extended aud lljoroui?b investi- i
^.atit'ii of tin- phosphate industry. Thc :,
amount <.: capital ir.vesteil III 'Ins bnsiiiess .
is very ?:<r'_'e. Mid no conception oj ?he ?ts
gen ui ty disp ia \ ed in ada id i nu means t?. t mis
aiut ii- overcoming d?Jl?culti?s ? :t first glance
sc'tning?? itisuniiouiilalde) can t>e oblariicd
wiihout a pc*rsonal inspection id fhn wo? k. <
! ; would be lt nie and money wei I sj eui : ; the :
General Ass?-m??y could make a tour ol the '
river phosphate, works and judge foi them- i
selveS:??l the vastness ::ti<l v;i lu?: <?l tdie depos- :<
?is. such::? visit would all<?rd more ialorma- :
lion m a ?lay thai! eon ld I >.? derived in at y S
other i??)ssh?le way in any ienutii <>t time,
and it would be ut lastit s beiictll lo thc State, t
for the iu!or?nati?>n ?ibtained would la- thus <
dissemitiatcd over th" state, amit he pople >
at large come to understand, at least in a dc- i
gree. wliat a valuable heritage we have in i
these beds. There has never been any syste- h
matte or st nsible control of the industry, and i
a heady irrcj arable damage has been dom- ?nit
permitting: the miners'.to roam at will
?iel; about, mining for the rich pocket
?eds most easily accessible In thiukin;
he conditions surrounding the tmfustrj
>roper course to be pursued in its in?
ueni, I have al ways deemed it essen tia
here should b?* a survey of the phos
erriiory, but a personal investigation :
;1 thai shell a survey, to h.- ol any i
could reqoire a large outybiy.au?! much
therefore it was deemed best hy the Con
?ion no: to undertake it with the n
Maced at our disposal, viz., Slyj.t'U.
uuonnt would hanny have been suffieh
rive ii-* a dredge adapted to ?est evei
ibaliow streams with ?ess than twentj
?f water, and wier, it is rememberex
nest o l the estuaries empty ing into St',
ina Second and Port Royal Harbor are
leep. and that much of the rock mine?
leen raided out Ol water over forty ie
leplh with au overburden ;>i sand of
. ix to twelve lee! thickness, iii" obstad
he way ol a survey eau he readily s. <-;?.
ound thal in order for the Inspector to
rise any intelligent supervision ot the
ng, anti lo enable him lo see that thc t
y was honestly paid, it was absolutely n
?ary to provide some means ot water j
?ortalion : thereiore we used par! oi
noney,?2,:I1:>.:S), in purcbasinga small s
aunen for hi? use. The bala nee ot Thea
.nation is still in the Treasury, hut ow:
tn omission in the appropriation J!:?:
Kommission was forced to borrow en
noney to p ?y : he salary ol Inspector .i
uni other expenses. This money was ki
nailed us by lin- Carolina National Ban
Columbia Without interest, and ? rc\
vile have ..?. be made tor its payment,
ttnount is -._'.>!'!.-li.
i m the 1st of March in accordance witii
instructions of i ?ie Act creating the Con
ion, we took possession of Coosaw Rivei
ssued license to mine therein lo three .
>:?nies. Two of these entered the river,
vere enjoined in the United States Cour
liidge Simonion. He took.ad van tage ot
act that the Phosphate Commissioners
reated as individuals rather than as ?
>ihvers, although he Knew they were:
?flicers. to grant the injunction.
Astin: public prints have given ful
munis oi a!? subsequent litigation ar.<
>resen? status of the Cousaw case. I shall
mm lion it further than to say t hat v
here is a decrease in the revenue c<
juent upon the stoppage of the Coosaw (
?any ol 02.6*0.60. we feel that the State
!>e congratulated upon the present Slatui
Ihere is every reason to expect that ?he
ted States supreme Court will sustaii
flew already expressed in ihe dr-eisio
;:hief Justice Fuller and Hie mit be n
riated early next year.
Tiie price of phosphate n?ck continues
md as soon as worn can be resumed in
?aw Uiver there will bean increase in th
.omeof tin-State from royalty niorethan
i clent to recoup us ?er the little loss we !
sustained in maintaining the right ot
-tate ?'.?('un? roi lier own property 11 won]
vise, in my opinion, to give the C<?mmisi
be power to impose a graduate?! royall
;brr?rspoml with the prices of tock, and
LO permit it to lix the royalty mi ruc
streams other than ? 'oosaw at a ?ess rate I
or that river. S?une of the rock ls of
;rade, and some of th- depositsjtre very h
naking mining difficult. Therefore, a ;
.ovally for every locality precludes ]
abie milling in many streams if concess
ire not made to the miners. It would
;e belter when Coosaw River isopene?! lo
>ortion that territt>ry among the dille
persons applying ?or a license and req
.hem --io mine over the who:? allotted t
orv. We have found, by the report ol'
?pec'.or Jones, that under the managemeri
he Bureau ot Agriculture. Commissi?
inlier ami Mr. Koche, the different ?:on
lies, notably the Coosaw. have been pa J
ess royally than the law requires, ny re:
. f no) making due allowance for the n
u re expelled in drying the rock. How ru
>t this, ii' any.can he recovered will hav<
>e determined by the C??urts if tin: Attor
ieuera! shall deem ir wise t?? enter suit".
??ss to the state I hus ?I i-eo\e: . d has anio
.?! to ?l:;j.-"">i.;?l since minium ope-rations v
?eg??n, ami ???G.:?73.S9 since the establish tn
>f . he Agricultural Department in 1S3).
litlerence. 6.4"? percent., between the anio
?i" moisture actually expehed and that wb
lie companies have allowed, amounts
Iscal year to mare tban $11,000, and as
present officials cannot be heh! re>ponsi
or any cjiwM jigteements or neglect-on
.a?lol their predecessors, payment of i
linn will -'ie demanded, ami, M necessary.
ore? d in the Courts, wu ile we wi!! in ful
.equi re pa y m en? on thc basis of SI .10 per
?>;. dried rock.
Before leaving this subject I desire to ni
km the importar.ee ol some steps be
ak en to prevent the ?Jamase now result
o the Slate's interests in Ihe Ashley. St?
md Edisto Rivers by the dumping of the
.lis or tailings into those streams from
,v<?rks"of the .hind miners. Sometime ag
iddtessed a communication io Capt. 'c
Vb bot. C. s. Engineers, at Charleston, a
ng tor i:; fun. allon as to the tiling up
h?-s . -tn-am-* by raison of this debris be
fin plied thei.ei. . He replied thal be bad
lorled to the authorities at Washington in
jard to Ashley Uiver, but knew nothing
instruction to the other streams mention
md in formed me that Congress, last Dee?
?er, had passed an Act prohibiting, the dui
ng of such material into navigable streai
rbe State's interest is to prevent her ph
?bate beds irom being buried so that il
ran not be profitably mined, and Chi
?iat?3S seeks to preserve the navigability
ivers. But for fear the Failed States amii
ties may not ?.ress the matter 1 call it
v ?J u r attention.
Educational.
The Report.i>i the State Superintendent
Sdu?jaHon makesa full exposition ol Hie e
iitiou of ihe ed motional institutions of "i
>taie. Our free schools are uotinasatisl
ory condition.and never will be until i
?resent unwieldy. Irregularly shaped distri
ire subdivide?!, ami small, compact ones M
lUtuted, in whk-h shah be permanently lo
ed one school honre for cadi race. This
in- basis upon which local taxation supp
?renting Hie two-mill tax can erect a sch?
ys'lem that will accomplish the ends tit-sin
uni nnt'i it is tlone little Or co progress w
>?. ina.le except tn ihe towns and thiel: ?y pi
li?t ed sections ot thecotmtry. I w?rutd Ul
rou t:<.! toadi<*urn gain till y? u take np ti
natter and pei lee! the law.
Ti.?-stat?: is making a lar greater outlay l
righer edo???ltlon than some of her s:>l
Slates, but i he common frei- schOtis alone :i
iccessible t?? nine out of ten children with
icr borders. They should receive the f?ist<
ng carrol the General Assembly, and I kn?
>'.' nothing which would ^ive the Cause ol' t
ication such an impetus.
TSia .S?>nth Carolina Collesrc.
This institution, which has been in oxi:
..ice tor nearly a century, and which hollis
,-ery warm place in the hean of every intel
teni Carolinian, has heel reorganized und
be Act of last December. As was expectc
tie change irom a university and othercaus
ia'. .'ior the time being caused a d?:crease :
In- number cf simlents. only ninety six ha
ng thus far matriculated foi this session : bi
he i toilege has an abie and loyal corps of Pr
essors, thoroughly imbued with Hu- pu rpo:
0 malee i: a first cia s literary institutio
,t> .-tandan! has been raised, and we have e
.ry raison lo hope that in a very brief whi
1 will assume ami occupy its rightful place:
iie head ol such institutions in th isolate,
iiiaiol refrain from expressing regret mat :
undi money has been wasted m the pa;
in? e years for the salaries of Professors an
ii!..:> who had tu? pupils, to the neglect <
in- buildings and library. There isdilaphli
[ion every where about the institution and
ivoful lack <>1 modern !>?.< ks m the librar;
I: is to he hol ed the General Assembly wi
?et liberally, so as to put the buildings in r
;J;H|- and supply the mon- pri tsing needs <
he iibiary. In i his connection 1 would dire?
t-our, attention ;?. tin- feasibility and de>irabi
ty II. lighting all ihe State instit niions in th
.tty. t he Slat?- House, ihe Asylum, the Soul
' ?fo?na ?Coli? g'. Hu- Kxeeutive Mansion an
in- Penitentiary, hom one p'ant, locate
.ither on the cana! or ?il the 'Asylum. Ther
s already located al the Asylum an clecfri
ight {'lani which is inn every Dight in m
.??ar. I ts-cost per annum is S?310. w|fh?mta
..wing for Wi'ar and tear. The cost of th
i-ghts al the State House this year has bee
ip? ards ol s I,2w0, t lo- gas lei I at t he Kxeeul ? v
Vlausion i- over tfh'in. while ihe Penitentiary
.e.! College have no lights whatever. li iso:"
I rei y practicable hy a small outlay lo in
.:ease the pl nial the Asylum sons to mr
tish lights ?oral! ihtseinstit'Utiohsat an an
. na j eos] not cxceet??ng thepresem exp ruses
have in my (?ossession estimates.which
.an submit !.? tii?1 Committee ?.! Ways an?
vi -ans showing the practh-uhiUty ol tie- Sta!?
urnishing ?:-<>v.:i light.-and saving moue;
hereby.
I have during Hie y ?ir visited the Ci fad?;
Vcadcmy, Ciallin Cotiege ami Hie Cedai
springs Institute. A H.-o? these institution:
ire m g???-.?? condition, ami, so ?aras I coull
i e. admirably i ..n?!?;e . .?!.
'I !:?? . itaii. i has : <. en' y had the burn I wini
ehuilt. aip.J ha? been put.in thorough iepaii
hum g hon I, and has laid the loan dation ?.: :
lin:. 1-otne and useful library.
in. t*e?lar Sj.rmgslnstifu:?? is a credit to : i?<
.fate, it has such an atmosphere ?>.' ???ve an?:
Hud ness":? b<>U? it I ha t lt does.oiit? good lo >?.?
i. Its m.-inagemeuI reflects great credit on
he-Board ol Commissioners ami til" zea lotti
Superintendent. 1 think the General.Assen:
?ly can c?>ui?i?enlly gia-it ,ii? the money ask
?<1 by these gentlemen with the nssurancc
hal itv.::! la-used judiciously. I f t he hew
.iectrie i i;:!if i- pu.rcbascd for t!.?- public
luiidings in COlumhia the pi . sen I ??nc- in use
iVAh?i Asylum vv?nilil Le amp!.- for the ( '. dal
springs I hst:Mite:
< ie!;:soii ?l'?slf?'ge.
.'. s a Ti H .p .- un.'i. r Ihe will i;f the ?ate Mr.
'tenison. ! mi Lu rai ly feel a <h-ep inierest in
h i > i n s M ! i : t :.. 11. : : 111 ' il niusl be grai ifying :?>
be friends ot agricultural :anl in?!ns:rt>>! ?*.!
unte?n to know Unit, a lihougfi thc building*
ire .. .! ni a? com) 1? t--.i I i" ..?.!! <?! ap:, illili
. ?r a- ? ti. :.- -1?-ii t o lie- sch?>ol.aiicadj namoeis
Th? re hail been s; . ?it n:> m the <-n?l <>!
i;e ??-?-al y?:ar. ? ?ep.net -v.- ,t ,,, t?,?. ,
. l inn .?mg- -:'.".?!<; and di.nug the fiscal
. ar ending October :>!, ISsil, S?tss.?27?&; mak
ng a (..tai ??t -!'J i.-.'l:: ? l. owing to the large
lumber ol' applications ? hieb poured in last
Spring, and which have cont inned up t<? date,
he'i'rustees felt that ? was .obligatory upon
hem to enlarge the plant sons loaflord thc
necessary accommodations; and this hus nee- !
essari.'y increased lhe cost above previous es?
timates. Alter a cartful and thorough can?
vass oj the material <m band.with firework
remain i'ng !?. ne.done, ?1 is found tiuit?^i?/KKi
more will be needed lo complete the building
and partially ftijuip th** college. As we are
buildmgsi school wind, evidently supplies a :
long felt wa nf, and tile ?Suite i- i i-ceiving a i ib
ersii amountof money hom Lhe United States'!
government for Hs maintenance, we have
de? med i; proper io build substantially andas
cheaply as possible wolle providing ail mod?
es :i appliances. These include heating, cook?
ing apparatus, water works, electricity foi
[lights, power and ihestudyoi electrical eugi
neerihg. and every, bing bise which wi ? I tie]
m cessary for the hugest and bes: agricultural.
? mechanical and industrial school in ihei
South.
Th?* announcement has been made thai the j
j school will opt-u m February, but I think ii i
hardly p<>>sibie to open ti?;.; early, unless we.
have ail exceptionally favorable Winter for
i building. Owing io the fact that we have
j been unabie to sell the Agricultural Hal!, the
Trustees are sow om of money : and ia order
j not. lo bise time or adow injury, which would
: necessarily follow cessation ol work, we have
borrowed S20 ??u ?>n ?-.ur individual notes wltis ,
: which to prosecute ?bc uer!:. 1 informed yon
; in my inaugural address las?. December thal I
it would be possible lo build the school witlt
?inl fixation bul ? would take two years todo
ft, and it w Ul depend upon thencrlor: of the
!... gi datai c whether the school shall open in
March or not.
The estimated income which we mayexpf-ct !
! tb have lor the next year is as follows*: ;
From Flat ch Fund. $ir?/*Qfl ou
I From Morrill Futid. I"?.t)?J0 ay
! Land Scrip. ?.T'ia uti
..Clemson Estate... -l.."o:t :>.??
j Privilege Tax. JO.uO? 00
Tolal... S"i?,i>0 00 ?
Thereare two unknown quantities in ihi-j
estimate, the Morrill fund and the privilege!
tax. The privilege tax tor the present year
has been -'''',,'J>'>>':: but when we remember
the preset t low prices of cotton and thc- prob?
able tailing. ort"in the consumption of lertii
izers. it is not safe to calculate on more than
840,000 privilege tax next year. The Morrill
tus.d was ace; ?.ted by thc*General Assembly
last year and equally divided between f'ieni
son and Claflin Colleges, but Secretary Noble
has refused to pay over tl ie money on* thal oa?
sis and thc maMer will have to be decided by
Congress, and it may result in a refusal to ac?
cept the terms <. Sered !>v the State. In this
i vent the income of the ( 'od< ge will be much
?..ss. A careful estimateof ?heamount neces
ssiry to run the College with upwards of ri;
students together with she experimental sta?
tion and the necessary expenditures for ttte
inspection and analysis of fertilizers and tin
other work of the o'<! Agricultural Bureau,
shows that il will take not less than S?'G,00.).
Then lore, we say that we cannot both build
and run the school without help. Ir is en?
tirely prj'.cticable to finish it and ?'quip it
j wit bon t a dollar of taxation ir tia- opening is j
deferred a year: bul can we alford this-.'
? Shall the regiment of young men and boys
' who ase- waiting I?: enter its portals be forced
' to seek schools e.sewhere or lose valuable
time while wasting tor the opening? 1 am
perfectly wei! aw .re that this is no time to
jsifk for an increased expenditure of public
i money. The depressed condition of our ag. i
I cultural interests, the hardness of the times,
admonish me ths.it ve should practice every
possible economy lo redare ?he burden ol tax
js-tion toa minimum. But i: would beecc.no
j my and wisdom too to formulate some p'an
? by which the Trustees might be able to bor?
row dds money, complete the s'hooi and
open its doors t<> students in Mareil. In a few
j years a! most thc surplus revenue of the Col
jlegewill be ample to replace the sum now
: necessary. I have \nUi tiie facts before you.
and trust to your enlightened wisdom to de?
cide t he quest ion.
Before leaving thc subj- ct of the College, I
would stale that mr?he pus-pose of complet?
ing th ft bu'?d ing ;md putting the farm (which
is almost wholly a forest from which the
wood lias been taken to burn brick) in si cot.-i
; cition for agricultural use. we will need fifty
I convicts for at b-ast another year. The bal?
ance ot the convicts will be returned to the
j Penitentiary at an early day. And here I
j may call your attention to another important
maller: that Ss. the regulation or definition ot
the conditions io be complied with before a
!stu?lent can h.-admitted to ttus Institution
wilhoul paying-tuition. The scholarships at
I tile Citadel Academy sire awarded to boys sup
; [tosed to be too paor to pay.and the law re
I quires a tuition ?ceof?iOat t lie south jaroli.
I na College, and at Clemson of all students
i whodo not come under this class. Complaint
! ; as reach? d my ears that adv ...?tage luis been
j taken of this'provision, and that there are
.now students both in the Citadel and at the
'? South Carolina ? ' diego paying no tuition, but
whose parents sire able to pay. I hope thal
I legislation wit] be had clearly defining how
j the matter shall bedetermined -oas topre
: vent thc State's generosity from being abused.
Tlse S?.i??istriaS Schoo! for Women.
By .Joint Resolution of the.Legislature the
?Executive was authorized to appoint a Com?
mission of Inquiry with reference to the es
lahlishmenf os an Industrial School for Wo?
men. The liepoit ol the Commission has
? been submitted ami is before you for consid?
eration. Nb argument is needed to enforce
; the importance of this subject. The-Report
shows au overwhelming bin den of testimony
hom experts in favor of the union of indus
trial mid normal training in connection with
a sound scholastic education. Jn fact, tcacb
, ing is om- of the most comprehensive and
! useful forms ot woman's industry.and,on the
r other hand.it is important that our women
teachers shad siiso be" industrially trained in
onier that the elementary teaching of useful
i ind.ust i ie< may !>e s ra-ina l'y introduced into |
oar public schools. In the south especial!*
I this union of Industrial and normal educa
j lion :s strongly commanded by the greater.!
?economy OJ mundiug sind maintaining one
rather than two institutions whet eso much
won lil ne :a common, as well as by thegrcate:
advantages offered to pupils of selecting
i either ol these branches, or of combining the
two, ia the same instit ution. The Report sub
: tnits lise substance of the several idlers made
by different towns ot theState tor the location
oi' this school, and thedetailed bids are on file
; foryoui examination. Thenumberand char?
acter ul these offers, coming from all parts ot
?'the State, show the wide interest of : lie peo?
ple in i he subject, and are a pledge ol its-suc?
cess and usefulness. More than one ol these
oilers should suffice, if fully realized, to se
. enre the building and necessary equipment ol
the school without a dollar of first cost to tin
State, it would be only necessary then to
I rovide for its maintenance. I recommend
j thal sm Act be passed providing fortbe loun
j dation and future liberal support of aState
i Industrial and Normal College for Women,
conditioned tipon the acceptance and fulfill
: ment of some one ?if the oilers referred to. I
Concur with th? recommendation of tho Re*
; port thal the location of ihe cbool be ?eft foi
future selection, after careful inspection OJ
[theseveral bi?lsasorFered and guaranteed to
; the spite. Authority should be conferred, on
I the acceptance ol such oller, to proceed al
dice with the work of preparation sosis t?>
open this school sit the earliest possibleday.
I would s.ay. further, ilia: sifter the Clemson
('nib ge slisdl have gotten weis under way and
equipped, in four.or five years at most, there
will be enough money now going to thal
school to run it and aiso this giris' school
without taxation. Wo have every reason to
? believe thal such a school will he as popular
as Clemson College and meet :i want lou?; felt.
As.a-preliminary step, I urge that the State,
liv Ad of the General Assembly, adopt the
Winthrop Training School, name and all, as
its Norma! College, and provide for its arnal
! gama lion with the Industrial College s?s soon
i as completed. The reasons for tins are these:
? The Pcsibody Fund is to be distributed in ISO",
'and it wi!! be gt ven sis endowment for teach?
er-training schools silone. If the Stale takes
this action ? hay?e?'ery reason to believe that
the Peabody Trustees will handsomely endow
the proposed college.
Removal from Office.
fn my administration of the Executive of?
fice 1 have lound things in a very muddled
and unsatisfactory condition as regards thc
powers sind duties of the Governor in the
maller of removal I will brieJly outline lhe
i ex isling st at us and tin-delects in the law, so
?thal the General Assembly eau see the iin
portancenf legislation. Article 2. Set-lion Si;
of the Constitution reads as follows:
"Officers sha!; be removed tor incapacity,
misconduct, or u gtect of duty, in such man?
ner as may be provided by law, when no
mode of trial or removal is provided iu this
Constitution
Provision i< made for impeachment of Exe?
cutive suns Judicial officers, or tor their re?
moval by the Governor on the ?.address*' of
two-thirds ot.each House of the Geucral As
scmbly.
TlieGeneral stain;'?*s, Sectiyn ..'.""> provides :
"Any ? un ie . iii er hereafter lo iaccted oi
appoint < d whose auihority is limited to a sin?
gle elect i??ii or judi?*:al dist rici wm. shall be
u:.i':y of any "official miscoiufuct; habitual
n?*g!igenc?\ hain tnsi l u ru ?ikea ue.-s, corruption ,
fraud; or opnrosion. sh.di be liable to in?
dictment, and. Upon e.a: va * am thereof, shall
fiin d not ? XL-ceding otu* ihotisa;: : '?"bars, and
imprisoned not exceeding one year."
The matter <d leunwal or suspension is'
ti.aied insume i i : s! a : i ... rs vaguely, in Others
i-xpjicitty, in Sect 'ions. ttl. I'd LT. ?'?.:. 7:-M. nm* I
ilie.i by Act oi ?>??e>. til .;. iOT?. li?vi. ate?.
"."?'i ' s?nd .'"?el. sm i these embrace everything
onihesubject tt?at. I ?*an lind in the law. A
ca rei ni examination ol these scvecs?I Scellons
show- thai th. powei ot the Executive to eu
force "the exeetii :?>si ot Ha law, or lu protect
the public interests iii csi>e "'incapsictlj,,
nslscomin?*! or neg'ect ot duty." i- very sundi
f's;kc Ih.-.a.-eo: suet; t j?U'crs as come lindel"
Section _ . >?''. There.'m.ustbe ciutvicti'-n by a
jury tn-:.a.- tue Goyt'rnor em interf?re, ab
ttndlgii he ??av.- ? nsilivc evidence o.* guilt :
ai,-I when i: is remembered thal sev?*;ai oi
Hie 'officers ni?ruti??ncd assisi iu drawing th?
jua s t..?:.>.?.' whom riiey th^msidves are t . l?e
triesl.it will Lo s? en tiisit iii ere i- sohicl.hing
? o-.-i.-.t! :;bollt the bu ia.-ss. an.I. ?? fad. v> bi!.
there have been comp ? : ?! : \ ?dy t?*w cas. s .>?
o'lica! II.?s:::ic- .-r rioscUHiu? I made pu.b
i:c in otir Si'ate, lhere not one itistsih?re ?ti
conviction ol winch I hs?ve-tiny knowledge', i
Section !'.'. Vrtic?c i:>; oj ;be Constitution
prov id - s : "H.- (the ? !. ivernor . sha ? I lake care
that thc laws be fa tt ll tu i iv executed in lin rey. '
Thc Anglo-Ssixosi race luis ever 'od a jealous
of tiie prerogatives of thc King. I'heir 'ii
seen dan ts ::i America are equally wsit?-hfui j
against official tyranny, but it is easy to show j
.li t! lhere ?< nr> possibility of the Executive
I: .vi: g the laws "faithfully executed"' unless
h:-!:.i::ds arc strengthened. The exercise bf
poweralways imposes responsibility, and its
tyrannical alms*1 hy t?o* Governor can be
cheeked or punished by impeach nient. Then
public opinion as expressed at tie- ba i lot box
alfords;: ^jwilv corrective tor a ay wrong toa
Citizen w -h ito- Executive may do; bm
whctb< i i- better to r:sk abuse of power by
tin* Execurite or convince to rely on taws
that an* moper ::iv. . s for the Genera! As?
sembly to determine.
1 will illustrate. Take tia- case of Sberitr
McTecr.of Ha tn pion County. The Governor
received informal ion t hat a prisoner who was
under arrest a! his house in Damson for as
?ur.ltand batten with intent to kill, and for
iv hom a requisition from tie* Governor ot
Florina had been granted I the erinn- ot
murder, would've a bowed ! scape, lb- no?
tified the Sherill'and v - ia. toheonhis
gua rd,', but norwithsta' .ni* the mau did
get away: ami while the??.?.-rj?Fs illness pos?
sibly caused the escape in this instance, is it
reasonable to think anything would have
be*-n done about it ?
Then ilmcase of the Clerk of Court in Lex
ington. Evidence (ai. acknowledgment uu
der hts own .-ign;.iur<-, in my office.) shows
that this other was a defaulter ?IS long ago as
last May. Not "m ng wa- sn ni or done about it
ti? atp-:- theSepiember < VMS rt. except the par?
ty to Whom the money w;ts dueeutered suit
to r: r-ov.-r. When ins case was not pushed at
th- Fa?! term, lie came to me for redress. The
Attorney General visited Lexington, and
lound Hie Clerk's o ?tice in a bad condition,
?vitii large land sae s advertised for the follow?
ing Monday. TheGrand .jury, -A hieb neces?
sarily knew ot the shortage, had failed to
make any presentment, or to mention the
matter: and had ta.: the Clerk, who appears
un fort?nate or ea reless rather t lian criminal,
voluntarily sent in hts resignation, lhere was
absolutely n<? remedy under existing laws,
and he could have sold the land, pocketed the
money, and held the office against any pro
tot tin next term ot Court. The General
Assembly have a choice between two evils .
.riving more power to the Governor, which
may be abused as against a lew men, or per?
in:! ting things io remain as they are, to the
injury o: ihe publient ?urge, ami producing
discontent and a demoralized condition of ihe
public service. If given authority to correct
these eviis. I will do it fearlessly. If it i
tboughi. better to trust juries draw? by the
men who are io be tried, I am content, since
attention has been called to tiie matter and
the people can understand where the blame
rests.
Charleston Supervisors!!ij>.
At your-asl session a law was passsd pro
viding ?<?r an entirely new registration in the
city of Charleston, under special Commis?
sioners. Tin-reason assigned were, that the
oki regi-tratiou was largely fraudulent, and
umler it many citizens were disfranchised.
The work was performed in a highly satis?
factory manner by the three Commissioners.
Messrs. Williams, Small and O'Neill. Mut
before.it was completed (May .'?1st) complaint
was made to nie that Mr. W. P. Cant-veil, the
Supervisor ot Registration tor Charleston
; ounty, into whose custody the new legistra
'ion books were to be delivered, was a man
unworthy to hold so important a trust.
Charges were preferred against him of dishon?
orable and unfair conduct in holding a Demo?
cratic primary and a request made tor his re
movas. L'pon investigation I found that
Cantwell was holding, at the lime, thc- office
ot i ?erk to the Hoard of County Commission?
ers as well as that of Supervisor of Kegistra
. ion.
Section 91 of tin- Revised statutes provides
j that this officer "shall continue m office til!
his successor shu i i be appointed and shall
qualify : and he shall not be eligible to an.%
other otfice during the term for "which he is
appointed." While I knew that ihe Supreme
Court had declared this provision of the law
i ga inst his eligibility unconstitutional, be?
lieving thai the Legislature which enacted
tiie law clearly intended that a Supervisor ol
Regisiialion should not hold any otliee while
acting as Supervisor, I promptly removed
bim on that ground ; and though I did not
so state, I may as well say that! was also
largely influenced by the belief that the
charges against him were true, and that tie
was not a proper person to bold the ellice.
Recognizing his right of appeal to theSe-iale.
if he so dessred, and learning that he demm
my right to remove bim, 1 appointed Mr.
< leo. W. Williams Deputy Supervisor and or?
dered the special Commissioners created b>
Act of December 21,1SU0, to turn over tue new
rt gistration books to him. This they did.
and Mr. Williams held the office and dis?
charged its functions until Judge Wallace (in
lune; issued a peremptory order for him it.
surrender to the Master. Mr. M lies.
This action on the part ol a Circuit Judge
was an extraordinary proceeding, and, while
the matter is a trivial one and might be dis?
missed without a second thought, liiere is in?
volved a principle ol' vast importance should
tue dangerous precedent tims established be
allowed to go unchallenged.
In my opinion .Judge Wallace presumed
overmuch when he undertook to review the
action of the Executive at ali, unless there
had been a clear and unmistakable usurpation
of authority on my part. Rut when be
-train.- the interpretation of a statute in or?
der to give excuse for intel fen-nee with tile
Executive, at.d at tiie same lime usurps the
?unctions ol the Senate to accomplish his pur?
pose, it is time to treat tiie maller gravely.
I tis, I think, easy to show that he has done
both. Article L Sectiou :..?'. of the Constitu?
tion ot South Carolina d?chues: "In the gov?
ernment oi this Common wealth the Legisia
tive. Executive ami .Judicial powers of the
government shall be forever separate and dis?
tinct from each other, and no person or per?
sons exercising tue function ot one of said De?
partments shall assume or discharge t!?e du?
ties ot any Other.*'
Here :* clearand emphatic demand against
one branch of the government intermeddling
with t he oilier.
Section td. Revised Statutes, provides: "The
Governor shall appoint, hy and with the ad?
vice and consent of the Senate, if itt session,
ind if not in session,subject to the approval
. ?f the Senate at its next session, and subj-ct
to removal ny the Goverror, by and willi the
consent of the Senate, one competent and dis?
creet person as Supervisor of Registration, '
AC.
This language appears very plain, but Judge
Wallace did not Interpret it as 1 dui, or he
would have relused to hear arguments
against my action. Let us examine it. The
Governoris authorized to appoint Supervis?
ors, but ihe Senate mu.-t approve, He is au?
thorized to make such appointments while
i he Senate ls not in session, but must su bm ii
nts appointment to it when it meets. He
may remove his appointees (for cause, of
course, however trivial or unlawful to other
minds than his own,) and once removed the
only power that can reinstate him ls the Sen?
ate. Judge Wallace contends that the power
ot removal cannot be exercised unless th?
Senate is in session. If this is a proper inter?
pretation, the Senate alone will hold the pow?
er oi removal, and not the Covernor: and it
the Governor is allowed to appoint during a
period when the Senate is not in ses;ou sub?
ject to their approval, is it not clear thal be
was expected io exercise that power in thc
nu tter of removal als.?? If one provision
was necessary to guard against a vacancy
from death or other cause, is not ?he oilier
necessary toi usure the proper execution ot
i he ?aw
.I retire Wallace's decision paraiy-os tho exe
eution oi the law should any supervisor re?
fuse or neg:ecl toohey it. Take lue ca.-e ol
W.T. MeEiroy. Supervisor ol Laurens Coun?
ty. TheSe?al?r.nnd Representatives ofthat
County asked for his removal on tie- ground
:>< drunkenness am! neglect to open his otliee.
I removed him, hut had bc appealed to Judge
Wa!lace he would have been reinstated be?
cause forsooth tile Se?ale was not in session !
I'he proposition is so absurd, and its conse?
quences, ii allowed, ate so monstrous, tba: i:
is almost impossible to refrain from charging
t he Judged '.vi th partisan usurpation of the
Senate's prerogative 'or the purpose '- l bring
mg lue Executive into contempt-an evasion
of the clearly defined powers ami unties ot
twoco-ordinaee branches of the government
- -for he not only "assn med " io di stn ?ss one ol
tiie Governor's appointees. Deputy Supervis?
or Williams, hut to reinstate the officer re?
moved, W.P, Cantwell, wbicii power vested
with Hie Senate alone. Ami how did he do
this : by what authority ?
An appeal has been taken to the Supreme
Court.*! cannot pretend to argue the law
points invoiv eu. lor 1 am no lawyer: but an
examination of Sections 4SI. 132, 4?3 and e's
of the Code oi Procedure, under which Judge
Wallaceacted, will show that they appear to
have been misconstrued or forgotten. They
refer to-usurpation ol office." or "refusal to
surrender" on expiration ot term or removal,
and a rule t<> show cause could only issue al?
ps- complaint and judgment.
Those Secii.-ns u.-:, r to au entirely different
Condition ot ?flairs t., the one we ?nive to con
shier, and-are-provided as a means of getting
rid ot o?d officers-attempting to hold over, nos
to i He removal ol new onesjusl i usia! ?ed
i'hey give a.Judge power to install an officer j
newly electedor .?ppoiulcd. not to keep in oi |
re?usta?ean cid one ul.o had been removed j
according to law.
With this explanation I submit the matter
to the cons:.b rat ?on >>: the Senate, confident
thal that body will vindicate my action as j
Governor, and defend its.own prerogatives.
I am await- that Ul titus comnieiil tl g Oil a
Judge'saction 1 nuiy bc accused of comm::
ling the very .-l?ense \\ i:h winch 1 am charg?
ing J iH?gc* Wa Ila ee. viz. : an invasion ot tin
domain of a co-ordinate department ot ihe
Government; The General Assembly enacts!
laws. tie-.Judges constru? them, ro d the Gov
emor execute* To sa\ that a Governor
should not ci itieise a Judge, even on thc Su?
preme bellell, wi.eu the.; rights and powers ot
tils office.are ai issue., is absurd. J udges are
l.nt men. ami they are neither infallible or
immaculate.
i-'er Un- Executive and Legislative depart-j'
meals to ..suomi! ur slav is n silence io urtrea-;
son.ibiedi'cisions'would be a betrayal ol the
trulls reposed >'.? th- m bv the peon!...
] lia veobeyed the 'Court, and a ni only resist?
ing encroachment on my office. There was
c-i tai:.ly ri grave doubl as to wbelber ?ny con
struct:..*!! was wrong, anil he should have
?.j-.eu the Ex?cut?e thefceneftt of the doab:.
Dei'..re dismiss ii g t h.- matter l dtsne to
pom: ..ni -i nn- ot tm- consequences which
p.iv.- ?o?lowed; and which will necessitate!
remedial action: Judge Wallace appears lo
have-become :iware ol his mistake. i.?r while
I. cia: mg < ant wt II the legal Supervisor (re?
movable only wiien the Senate was in -cs-1
ron.) yet he did not place the registration I ;
books in Iiis hands. Cantwell then prepared
other books and has performed the functions
r>fSupervisor, ll anpears necessary to pr??
vido at once for reopening the registry.lion
hooks so as i?*> give to those persons entitled
. .> voteau opportunity toget Ieaalcertificates
in un:.- foi municipal election, which
eomesofi' December S th proximo.
And while rsic-ntionmg this matter of illegal
registration. 1 would call attention to the tact
that in several Counties, as I am informed, a
large number ol certificates bearing date July
7. :?;?<'. uer.- issued fraudulently alter the
books closed last July, and ? recommend the
passage <>i :??i Act declaring ai; certificates
bearing that date illegal iii th.- Counties of
Richland, Fairfield, Sumter and Berkeley.
The Criminal Law.
As the duties of ny office bring me into in?
timate connection with tue Penitentiary, and
the matter ot pardons being also a source of
constant labor and worry, ? have ha my at?
tention d?? ected lo certain detects in ne crim?
inal law, to which 1 ask your attention. "The
law's delay" has been a matter of complaint,
loreen tm ies. and there have been ?.flate so
many instances ol' the failure ol justice to
punish f te- most flagrant ci im- s, ami, if at all,
alter the patience ot the people has become
exhausted, that I cannot too strongly impress
upon the Legislature the necessity of some
changes. Continuances are granted upon the m
slightest pretext. Appealsare taken upon ro **
pretext at all sometimes, and crime, when
backed by mo:.ey. appears to override or
break through the meshes ol the law with
impunity. : li it it is no wonder that our citi?
zens have at limes forgotten themselves and
taken the ?aw into their own hands.
I givens instances <>; justice long held at
bay the Turner and Sena cases fn Spartan
:>nrg. the James case in Dallington and the
Jones ease in Edgell ld.
one remedy which I desire to suggest is,
that tlc-junes, which l have every reason lo
believe now ale sometimes tampered with or
.fixed"' beforehand.shall be drawn in open
Court for the next term, after Hie Judge In
persou snail have examined the boxes* and
seen that every riling is correct,
In tue prosecutioti ?d' criminal cases the So?
licitor is a! ways at a disadvantage. Ile ls ol?
len confronted by Hie ablest lawyers at the
bar, who live in the County, and are ac?
quainted with witnesses, jurors, etc. But
these difficulties ate frequently overcome and
verdicts obtained in spite of them.
The ?nail' reason why so many crimes go
"unwhipt of justice" is that the cases are not
properly prepared tor the Solicitor by the
Trial Justices or Coroner.
If the office of Coroner were dign ified and
the sti.arv or fees made commensurate so as
to make it a desirable office : if it were tilled
by a competent lawyer, whose duty it should
be io invest?gale all deaths caused by vio?
lence, collect evidence, prepare the case and
act as assistaut prosecutor in his County, we
would have many a man convicted who now
goes scot-free. Then ii Trial Justices were re?
quired to attend Courtaud help the Solicitor
in cases where they have heid a preliminary
examination, it would add largely to the list
of convictions.
Another abuse is, that instead of a prisoner
under sentence, and in wm.se case appeal has
been taken, being required lo be brought into
Court at the next term for resen lenee, thus
...ntailing expense upon the county for main?
tenance, Hie sentence should be executed as
soon as theSiipreme Court shall have dismiss?
ed the appeal.
Then there should be strict and mandatory
legislation prohibiting a Judge? lrotn continu?
ing a eas** that had been once continued, ex?
cept under extraordinary circumstances.
Ai :er is to make it obligatory upon lhe Su?
pt?. ..ie Court to disbar any attorney wno
takes an appeal on frivolous grounds. It has
come to the pass that an appeal is almost a
matter of course, and a slay of proceedings
?O?OWS.
In reference to the punishment of criminals
I desire to direct attention lo the advantages
in a reformatory sense of what is known as
the indeterminate sentence, which obtains
under different conditions in Massachusetts,
New York and other Northern States. Socie
tv for its protection against crime has enacted
a code of laws for its puni.-hment, and the
primary object is first to secure the commu?
nity from a repetition by incarceraling the
prisoner. The next object should be the ref?
ormation cf the cri m iu at and his restoration,
if thai be possible. Under Hie arbitrary ipse
dixU of a Judge great wrongs are often com?
mitted and sentences adogether out ol pro?
portion io the enoriniiy of the crime im
posed.
The system to which ? allude provides a
maximum and minimum punishment i ;r lhe
different classes of crime. The prisoner when
convicted is sun {.en ced in the discretion of the
Judge, but beean by his behaviour in prison
! reduce or increase the punishment by giving
evidence of being a hardened reprobate or
showing a desire to reform. The law in this
eas.; impose-; upon the prison authorities the
duty, and gives them the power by a fixed ra?
tio, to in ci ease or diminish the prisoner's
punishment in accordance with his behav
1 tor. Thc offender tims enters prison with ev?
ery incentive to reform and ";u\v better.
Another matter which I" would strongly
urge is the incorporation ol a requirement in
the law that the Penitentiary Directors shall
separate ail criminals under Hie age of six?
teen, and such others as shall exhioit excep?
tionally good behavior, from the others and
iliat i hese caisses be employed on the State
farm away from the more hardened crim?
inals. Before leaving this matter of crime
and its suppression, I will briefly recall to
your attention the recent trouble in Tennes?
see, in which the authority ol the State gov?
ernment was overthrown and brought into
contempt. 1 do this for lhe purpose ol' point?
ing otu what some are apt lo forget: that
!-uch a disgraceful condition of affairs couid
not happen in South Carolina.
Tennessee has no militia, or comparatively
none, while we have an admirably organized
and efficient foi cc-amply sufficient at any
and ai! times to uphold the dignity of the law
and io suppress violence, and I would there
tore urge that the General Assembly continue
its fostering care of our militia establish?
ment.
1 am giad to say that during the year the
law in the State has been supreme and that
no person or prisoner has been lynched. The
military has been called on only twice when
it was thought there was danger, but the
presence of so many efficient companies scat?
tered over the State tends largely to the sup?
pression of disorder. The cost of maintain?
ing this establishment is very trilling when
compared with its benefits.
Another matter in this connection is, that
there is no provision requiring County offic?
ials to pay for :he services of extra deputies
sworn in by a Sherriff!:) an emergency, and
to Uns cause may be at tributed some of the
lynchings which have disgraced our annals.
I commend that provision be made for the
payment of such services by the County
whenever the Governor shall order the Sher?
ri!!'to summon sucii additional deputies.
Kn il road Control.
Owing to a diff?rence of opinion between
the Legislature and the Executive at the last
session, the railroad law failed and it was too
tate to amend tin-Act so that I could con?
scientiously approve it. I may be aliowed to
express Hie hope thai the diff?rences of opin?
ion which then existed will be amicably ad?
justed and a proper Bl!! passed. There are
some points in the proposed law to which I
desire to direct attention and commend to
your earnest consideration, une is a provis?
ion preventing the consolidation of compet?
ing i iin-s. The absorption by lease or other?
wise l as gone on until virtually there are
only four railroad system? in theState. As
fastas new ?ines are constructed they are
bought up or ?eased by the oilier corporations,
and many communities in the state which
are staggering under a heavy debt contracted
to aidlin the building o:competing lines are
without the benefit of ec m pei it ion.
There a:?- many more roads needed in
South Carolina.and they will be built as the
state increases in* population and wealth.
The proper steps should be taken at once to
relieve the State ol the oppression always in?
ciden i to monopolies by preventing their ab
s.c pt iou.
The question of the assessment of railroad
property has attracted widespread attention
during the year by reason of thc fact that
lhere has been an Increase in ils valuation of
about SS,0O0,00O. There has been complaint of
injustice In this mailer, but when I cali your
attention lo one single tact it will be easy to
see !'.ow lu i h< foundation there is for such
complaint. The increase in the taxation
which will have to be paid by the railroads
will approximate $1 i).flO??. Now. under exist?
ing rale*, how much more do the people of
South Carolina pay for lhe privilege ol" riding
on railroads than the people of Georgia? I
have no figures on ?his point for tins year ow?
ing to the tact that several of the railroads
have not r< ported as required by law. but the
total passenger earnings as given in the Re?
pori of iii . Railroad Commission for I*$90 is
Si."?2,i> .!.:. Tue ra* is ?luce and a hall cents
uer mib'. In Georgiait is three cents, a dif?
ference of a ha I iceni pei mile, showing an
excess of say one Seventh in our State, and
onc-sevi nth of ti-..' passengor earniugs of our
railroads is about SS'Jl.fJtxi tor hist year. The
railroads can pay the tax on the increased as?
sessment, which is far from being their actual
value as shown by their own figures, and
have T'J< 11.'' U ft wha-h they were allowed lo
collect trou; our people because our ll iBroad
Commissioners had no power to fix passen?
ger i a h s.
I think ii would be wise to give the matter
ot assessing ra?roa? 1 property into the hands
ol the Railroad Commissioners. Mislead of
imposing it. as nov.*, upon tiie State Treasur?
er. Comptroller General, Secretary instate
and Attorney General, for the Commissioners
ought to be able h> intelligently deal w iib tho
question, as iron: nie v< ry aatureof their con?
nection with the railroads they can better
judge of railroad properly ami "values than
lhe pic-eii: Board.
The Chicago Exposition.
Ch May. IS:':?, will be opened at Chicago the
grandest World - ?'air which has eve/ bei n
ii? M. Thc opportunity afforded of properly
advertising t he-advantages we have l<> offer
torin vestment,[of .capital, and for thc secur?
ingol h.rn. s b\ those wh?> desire them m
fuis most favored section theSouth, is one
which is rarely offered. While Hie State is at
pres? ni in a depressed condition ?rom the low
pru e of our staple crop, to miss the opportun-:
ity thus offered, tosay nothing ol the adverse
opinion which v ould oe heh! of our progr?s
sivene.<sand pub.iespirit dbl we fail to sei/e
the opportunity, would be nothing short ol a