The watchman and southron. (Sumter, S.C.) 1881-1930, November 30, 1892, Watchman and Southron Supplement, Image 7
hi IBI.
SUPPLEMENT.
Of Governor . LT?lman
To the General Assembly of South
Carolina at the Begular Ses
son, Navember 22, 1892.
Tbe.following is the full text of Governor
Ti 11 man's message, which was delivered to
tho Legislature o:. Tuesday, Nov. 22,1892. :
Gentlemen of the General Assembly :
While the reports of the officers in charge of
the different departments of the government
will coavey to you full information as to the
State and its various departments and insti
tutions, it has been the custom for tbe Gov
ernor to condense and marshal the most sal
lent leatures o? these different reports, so asJ
to give a bird's-eye view of the situation. As?
the head of the government, with the duty1
imposed on him ot exercising a general su
pervision of its entire machinery, it is proper
that this should be done, the more so because
tbe message of the Governor is given extend
ed circulation through the newspapers, which ,
is not tbe case with the departmental reports. !
THE TREASURY.
Notwithstanding the reduction in the tax !
levy by tbe preceding Legislature and a fur
ther falling off in the phosphate royalty, ail
claims against the State of every character
have been promptly met and there is a small
cash balance to the credit of the general lund.
Tbe following tables from the report of the
State Treasurer will indicate clearly the con
dition of our finances :
CASH LIABILITIES, 31 St OCTOBER, i$92.
Interest due and not called for-5177,880.73
Interest from 1st January, 1880, to 1st
July, 1892, on $268,2S$15 Brown Con
sols liable to be issued for valid
principal of and interest, on old
bonds not yet consolidated :
Balance ol appropriation
therefor-.?S 88,572.78
Not specially appropriated- 112,643.33
- 201,216.11
Sinking Fund Commission?.- 36,801.34
Direct Tax Fund?.-. 60,623.70
Morrill .Fund..-. 66.000.00
Balance Appropriations Unpaid, say 70,O0O.0G
Special Accounts-.? 8.80S.03
S621.3S9.91
CASH ASSETS, 31 St OCTOBER, 1S92.
General Account-.-? 29,4?.S3
Sinking Fund Commission.- 36,861.34
Privilege Tax on Fer ti I izers. 320.00
Department Agriculture.-. 1,111.52
Redemption D?ficiences. 998.97
Escheated Estates (cash)?..-. 2.7:3.73
Downer Fund.-. S64.95
Direct Tax Fund........ 60,623.70
Morrill Fund_:.- 66,000.00
Clero son Bequest cash account- 2,779.80
?2O1.74&90
Net cash liability 1st Nov. 1S92- $419,641.01
TOTAL LIABILITIES NOVEMBER 1st, 1S92.
Liabilities other than cash (bond
debt). Brown Consols.-$5.403,662.21
Green Consols, faee value-.- 528.627.00
Blue 4% per cents. 4 ,( ).00
Brown 4 per cents.?.?. 33,726.57
Agricultural College Scrip- 191.300 00
Deficiency Stock outstanding. 717.72
Bonds and stock (principal with in
terest to 1st January, ISSO.) 8552,
584.45, fondable at50 per cent, in
Brown Consols bearing interest
?rom 1st January, 1880, less esti
mated invalidity, &c. 263,288.15 j
86,826,821.65 j
Less ir. idity in the Green Con
sols...._.~. 420,215.65
$6,106.60600
Cash Liabilities.?. ?21,389.91
$7,027.995.91 .
Cash Assets November 1st, 1S92....... 20?,74S.90?
Net Liabilities November 1st, 1892..S6,S26,247.oi j
REVENUE AND RECEIPTS FOR YEAR ENDING j:
OCTOBER 31St, 1892. j
Taxes for 1890,1891, and back taxes...$743.S59.89 !
Phosphate royalty..-.152,286.40 !
Privilege tax on fertilizers. 36,108 9S j ;
Sinking Fond Commissioners. 6,5?>0.0
Railroad assessments for railroad
commissioners?.-. 7,837.86 j
Fees of office of Secretary of Stale.... 1,406.34 i ?
Insurance license fees.?.-. 5.650.00
Special Fund_. 19,149.45
Direct tax fund received ?rom Unit
ed States Government.221,711.26
Morrill fund received from United
States Government. 66.000.00
Other so arces_. 1,662.26
Total.?.#?62,172.44
Balance cash October 31, 1S91_ 64.615.u2
Totals._.$1,326,787.46 j
EXPE^DTTURES FOR YEAR ENDING OCTOBER I
81S% 1S92.
Legislatvie expenses_._S 42,538.1 o \]
Public printing-. 31,530.8* j
Educational, charitable, penai and
sanitary institutions and expenses 197.855.13 j
Clemson Agricultural College. 45,315 71 ?
Pensiona-. 51,528.92
Sinking Fund Commission warrants 049.00
Interest on public debt and expenses 357,039.37
Befand taxes.~. $?338.61 t
Maintaining militia 1890-91 ?fc 1891-92.. 20,0 001
Redemption Brown Consols expenses 8ls.'.'5?
Direct tax claims, act 1S84. 5,650.50
Direct tax fund, including a warrant
refunded.-.162.2S0.99
Department of Agriculture. 12.28
Contingent fnnds, stationery and
stamps, executive officers. 6,671.23
Salaries. 149.767. i2
On other accounts. 44,920.46
Total.$1^25,038.56
Balance cash October 31, 1892. 2"1,748 94
Total.-.81.325.7S7.46
There is a large increase in the aggregate re
ceipts for the fiscal year end ing October 31 by
reason of the money paid into the treasury,
by the United State Government on behaif of j
the direct tax claimants and the Morril! fund.
This fund coming trom the sa:ne sou ice, be
longs to our agricultural colleges at Orange
burg and Fort Hill,and tbe two constitute
tbe bulk of tbe cash balance on hand. 1
would direct your attention, also, to the item
of $177.880 for the past due interest which may
be called for at any moment. It is altogether
probable. and in tact almost certain, that this
Interest w?i? have to be met during the com
ing yearly reason of the refunding of the
State debt. I cal! your attention to the mat
ter because it will be necessary to make some
provision therefor. We have been running
the government for the last few years ou an i
exceedingly narrow margin?too narrow for
safety,and It will be risking a great detl to'
continue in that line. In "regard to the re-'
funding of the debt, which falls due next. Fuly, j
nothing has been done under the present act,
which allows the old bonds to be exchanged
for new bonds bearing 4 per cent, interest ;
Negotiations are now pending looking to an1
adjustment of the debt, and ? hope to be able
to present during the next week a scheme1
which will meet your approval.
THE INCREASE OF ASSESSMENTS.
The State Railroad Board of Equalization
last year increased the assessments of ine.
railroads from $17905,014 to $26.063,890. This
increase has been resisted by tbe roads and ;
suits are now pending in the United .statesi
Court to enforce the col lection of this increase j
of taxes. The cases will be beaid in Jannary,
and if, as we confidently expect, the justice of
the State's action shail be sustained, mere j
will be a sum amounting to about $35,000 go-1
ing to increase the money in the treasury. j
THE COMPTROLLER S DIFFICULTIES.
The report of the Comptroller Generali'
shows the total valuationjof the Property ot
the State to be $168,871,227, a very slight iu-!!
crease over last year; and considering the de- !(
pressed condition of our agricultural Interests ;!
iiad tbe low price of our staple crop, this is a!'
satisfactory showing. Tbe eflorls of the |
Comptroller to have property In ttie State!1
listed and assessed in accordance with the '
laws have been largely frustra: ed by the ac-',1
tions of our courts, and I will call attention 11
to this matter in another place, some!*
amendments to the statutes in regard t<> ihei'
assessments and levying of taxes are needed, i1
and some declaratory statutes are suggested!*
by tbe Attorney General, which 1 hope your ! 1
honorable bodies will consider favorably.
The following table shows the assessment 1
for taxation during the last sixteen years.:'
i3nce the white people have been in control : ?f
TOTAL TA IJ LE PROPERTY OF SOI TU CARO
LINA.
1576- 1S77.?135,85 ?,?09
1577- 1S7S... 135,284.04? <
1S7S-1S70. 129,314.7371
1879-l8S0. 123?019,000
1880-1884. 129,519.825]
1S81-1S82. l:i?.4S7,:;<;j
1SS2-1883. I45.442;292 !
K<3-1$$4. 150.609.394 j
1554- 1*5. 149.727.?09
1555- 1SS6. 144.5nl.iSl ;
IS86-1SS7. 141,070,347
1?7-1SSS. 141,986,154
1SS^1SS9. 145.420,016
1SS9-1S90. 150,e02;451
1590-189?1.. 16S.262.669
1591-1S92. 168,871,227
It is not a good showing, and indicates that.
we are a verv imi rovid?nt an<l non-progres
Sive people/or else that there is large j
amount of property which escapes taxation
or is undervalued for taxation. Our lister!
state of Georgia, during the same period,
with a like climate and like soil and nogreat
er natural advantages, shows an h.crease ot?
assessed values of S2iS,000.00o. It was 8235,000,
000 in 1S77 and is now i;?>,000.00U No sane!
man will claim ?hat the average South Caro
lin* county is not as prosperous as the aver
age Geor?la county, and that there has not
been a ?be increase of wealth on this side o! I
the Savannah river. The explanation is not)
far to seek. We have a constitutional tax ol
two mills for school purposes, and. while our!
free schools are not supported as liberally as j
they should be, the disinclination of thr peo
pie to increase the free school fund, under
present conditions, has kept property at a
valuation of about, one-hall its selling price.
DEMAND FOE INCREASED ASSESSMENT.
The property of the State, if assessed accord
ing to law, would approximate 8 ;0:>,0J0,000.
This would double the school fund, and
reduce the tax levy for the state from about ?
mills to 2U mills.* The elfort of the Comp
troller to execute the laws governing assess
ments have been largely paralyzed by the,
fact that real est*te was assessed ou the present
basis r?-?S??O and cannot be touched for reas
sessment unt il P?H. un'ess the yenerat As
sembly should authorize if. Had this been
done last vear, as was advised by both the
Comptroli?r-Genera? and myself, it would
have greatly facilitated the rerundingoi the
bonds; for one of the qu?tions asked by
capitalists is as to the State's valuation for
taxation; and the fact that during the pasi
sixteen years there has been an apparent in
crease of our property of only 813,iJli,21S has
created false inmressions abroad as to tin
thrift and prosperity of the state. In provid
ing, as I hope will be done, a new system for
the assessment of property. I trust that every
species of property in the siate will be sub
jected to : be same rule and every effort made
io prevent lax dodging, which is now too pre
valent. I wM repeat here what I had to say
on this subject in my last annual message, as I
have seen no reason to change the views set
forth therein :
TOWNSHIP GOVERNMENT.
"Theoffice of county commissioners should
be aoolished, and in place of ita government
by townships substituted. Three intelligent
men ineach township, elected by the voters
thereof, should be entrusted with the man
agement of the roads and bridges, schools,
and assessment of property in the same. Tne
chairman of these heal boards should consti
tute a county board to manage the county ?
nances, audit accounts and order expendi
tures. The salaries, if any, paid these town
ship commissionets, or selectmen, can be de
termined by the voters or fixed by law. The
Constitution can be changed to abolish the of
fice of county com m issioaer, and these changes
will inevitably result in a great, saving to
each county, while there will be a correspond
ing increase in efficiency. -Property will be
assessed at its real value, and millions now
hidden will be made to pay their share of
taxes. This county board should also consti
tute the county board of equalization, instead
being appointed ?.s at present by the auditor.
"In this connection I suggest the propriety
of requiring all notes, etc , to be stamped by
the county auditor and placed on tax books
to make them collectible by law. Make the
note shaver or lender pay taxes as weil as the
land owner whose property stands in his
name, while he perhaps owes as much as it is
worth."
THE LUNATIC ASYLUM.
The condition oT this Institution, as far as
the conimi, of its afiairs is concerned, is all
that couTube desired ; bu; I would agair. call
your attention to the /act that there are
changes needed in the laws governing the ad
mission of patients, so as to prevent the
State's charity from being abused. The Re
gents have asked for an appropriation of 8-?0,
CW? to enlarge the asylum so as to meet the de
mands made upon it. The superintendent!
calls attention to the overflowing condition of |
the instTfUion and the necessity for either
changing the laws governing admission or of |
increasing the accommodations. Theasylum
has a large number of patients who more
properly belong to the county poor house,
and the General Assembly has ihe choice of
either makiug an appropriation for its en
largement ora change in the law which would
prevent this abu^-e. If each county be re
quired to pay for its own patients and the Su
perintendent be given the power to examine j
into the fitness and needs of applicants for
admission; this class of patients will be sent
where they propeily belong. There will be
no need for an increase ol buildings and the
institution can amply provide for all who
properly belong there for many years toc?me.
The number of patients under treatment at
present, is 764. The total income of the instl
siitution from all sources has been 8115.3*5 57,
and the expenditures have been $112,371.73.
From p^roual inspection and familiarity
with the asylum and its management, the
State is to be congratulated upon having two
such officers as Superintendent Babcock and
Mr. J. W. Bunch, steward and treasurer ; and
the regents have been untiring in their efforts !
to have the Institution reach the highest de-1
gree of efficiency' and economy.
THE PENITENTIARY.
The number of convicts in the penitentiary
at presen l is 90y, an increase of 107 as compar
ed with last year. A copy of the financia!
statement is appended, showing the opera-j
lions of the institution during the year.
Statement of cash received and disbursed at
South Carolina penitentiary during the
period beginning November 1st, 1891,and
ending October 31st, i>92.
RECEIPTS.
To cash balance on hand 31 St Octo
tober, 1891. 8 ?.430.0.->
To amount received f<?r couvict hire. 39,081.83:
Sales cotton and other farm prod
ucts. 19326 10 !
Salei? sundries at prison. 2,340,14
Sundry fines, stoppages, <fcc. 1,841,40 i
Visitors' fees. 459,20 S
Transportation new e mvlcts. 2 > *5 731
S75,0S1 l?
Assets: Cash on hand. 514,125.48j
Due by sundry contractors
for con vici hire. 2,823.7i
Estimated value of unsold
farm produce. 19.401.17
$36.350.33
DISBU RS EM EN TS.
By amounts paid per itemized statements :
Pay rolls?prison, farms and other
camps,. ?14.372 20
Subsistence,. 17,169 87
Shoes. 2.647 4 ?
Clothing. 2,334 93 j
Board of Directors. 1,000 93
Hospital supp'ies. 3;s ?j<
Transportation new convicts. 2,995 ~.;\
Transportation discharged con
victs. gjo go
Ctemson College pay rolls and ex
penses. ;:221 21
Pay ment on DeSaussure larm. 5*000 00 j
Sundry bills for DeSaussure farm? 2,812 0c
1891 guano account. l V,I G0-!
Mineral and supplies for water
wheel well. :J9? 20
Incidental expenses?wood, coal,
etc. 5,7?? 97
Balance cash on hand. 14*125 4S
?7o,?Sl il i
The expense of the DeSanssure farm
have teen as above. S2.S12 07
In addition to which the vaine ol
clothing, etc., sent there have been t?s") <;;
Making a total cost of.. ?3,797 06
V
' While the yieid of cotton on the Stub- farm
has been small and much of it lias been sold
ata low price, an abut.dance of corn has been
raised. The third installment has been paid
on the stat<- farm, which was purcha-ed in ,
IS90, and is being rapidly put in a high state
ot cultivation. The policy hitherto pursued
ol working on shares in theCongaree bottoms i
with Messrs. Seagers and others has ?is
cont?nued, and the convicts are now being]
hired out a; a fixed rate. The 500 hors? -power i
which the state re>erved when i: donated the
cana' to the city of Columbia has been devel- !
oped under lease to the Columbia Electric
Light and Railway Company ut a rental o<
per annum, with a reservation ol L001
horse-power for the use of th<- state win n< ver
it may need it at a similar rate.
EDUCATION.
Tbereportof toe-Superintendent of Kduca-|
tton shows that the free schools of ih-s al
tre in as satisfactory condition as we can ever
expect them to be uuder existing laws
There aro some radical defects in thesvstem '
?ndi: will bave to be remodeled and "an in
creased amount of monev provided if th.
schools are to answer the requirements and
>ur children not grow up jn ignorance. M\ '
views on this subject are so well known, and !
be discussion of the matter has-been so gen .?
ral. ihat I do not deem necessari to repeal
them at any length here. I would only say
bat, in tny judgment, the state can furni?h
ducation ol a proper k ind and quality chea;.- '
than it can be done through private effort,
nd w?owe it to ourselves to put forth everv
nergy towards perfecting the svstem. The
>resent system is a humbug, and totally in- '
idequate 'oribe purposes designed The re
port of the sia?,- Superintendent of Educa
ion, , ho is a painstaking and zea lous oilh-.-r 1
hows a decreased attendance of pupils last
ear tus compared with ??> previous yearj1
amounting to 2.S10, hu*, trom extended and
intimate association with the people in every ;
county daring the ins; summer, I know that!
there is widespread and deep interest on Uie :
subject of education, and that the General
Assembly will-merit and recei ve the appro- !
ballon of the masses in anything that they !
may do to give us better schools. The times
are stringent and money very scare, but all
along this fine all necessary increase of tax
alion will be cheerfully t orno, provided tin
schools are run sufficiently long and proper
teachers provided.
THE SOUTH CAROLINA COLLEGE.
This institution, which has been in exist
ence for neatly one hundred years, and has
been the head of our educational system, is
not in a satisfactory condition. The"attempt
to make ita university some years ago had
tailed dismally, although ther^ was an at
tendance:?" 226students in IS89-?K). Th? last
Legislature ordered Hie discontinuance of me
school as a university, and the organization,
instead, ol a tirsi class literary: classic and
scientific college. It was natural, and expect
ed, that the transition would cause a falling
off in the attendance, and at the close of the
collegiate >ear in June, ls'.J2. the number had
decreased to ninety-eight. It was hoped and
expected by the trustees that with the open
ing of the college in September there would
be an.increase ?f students, but we have been
disappointed, and lind that there are now
only seventy in attendance. There are sev
eral causes which have produced this result,
and I will briefly outline some of them.
There is a great iinaucial stringency among
our people by reason of the low price of cot
ton, and theioabitity to bear toe expense has
caused a fa.ling ort' in tue patronage of all the
colleges. But the small attendance at this
college ma;-' be ascribed almost wholly to the
political and social antagonisms which exist
in the State. The college is located at the
capital, the people ot which are bitterly op
posed to the present administration, though
;t was put in office by an overwhelming ma
jority on issues, the principal of which was
what should constitute our system of nigtier
education. Th? old idea was in favor of liter
ary and classical culture, at an expense too
gr?at for any but rich men's sons. The new
idea ks to provide eh? aply a thorough English
education, with a practical know ledge and ap
plication ot >cience to agriculture and the me
chanic arts along industrial lines. There is
need of both, and room for both schemes.
Ciemson college embodies the one and the
South Carolina college the other. They will
not compete with each other, and there
should be no antagonism between them ; and
certainly, Clemsou not having yet opened,
there is no .'ailing off in the attendance at the
South Carolina college on that account. Bat
the adherents of the old regime have largely
withdrawn their patronage from the college
because they could not have tbeir way in con
trolling it. and the county ot Charleston,
which has always supported the college zeal
ously, has at this time no student within its
walls. The adherents of the new order o?
things, while paying taxes to maintain the
school cheerfully, and indicating their inten
tion and ourpose, in no uncertain manner, to
sustain it liberally, have felt no inclination to
patronize it because of the inhospitable at
mosphere surrounding it. Another thing:
there is com petit ion between the college and
the denominational institutions at Green
ville, Spartan burg, New berry and Due West,
to which schools the reformers of the State
"are sending their sons in preference to send
ing them here ; and this will continue as long
as the present conditions ol social an i politi
cal antagonisms exist in Columbia. The
wealthier class of boys from both political ele
ments are being sent ojt of the state to Har
vard, Vale, Princeton and the University of
Virginia. The competition and consequent
unfriendliness ol the denominationa. colleges
to the South Carolina college can be gotten
rid of in only one way, and that is to make
this college so much better and higher in its
requirements and facilities for teaching, thai
theii students will seek its walls to complete
their education, and wnen this is done the in
centive for young men to go abroad wlil no
longer exist. Factional feeling must sooner
iOr later pass away or it will wear itself out.
if the good sense and community of interest
of our people do not frown upon and destroy
it The broad and patriotic view. then, to
take of the situation, is to give the schoolall
the money It needs, and leave time, the physi
cian, to restore it to health and vigor. The
pledges given by the March convention of
1S90 must be sacredly kept,and the friends of
Ciemson college continue to give a cheerfu'
support to the South Carolina Cohere. The
trustees are keenly alive to the responsibility
resting on them, and. with your co-operation,
we confidently expect to see the college, ere
long, occupying its wonted placo in the affec
tion and confidence of every Carolinian, be
cause it lurnishes an education such as no
other college in the State can give.
CLEMSON COLLEGE.
As a member of the board of trustees, un
der the wiil of Mr. Ciemson. I am thoroughly
informed as to the condition and prospects ?f
Clemsou College. The origiual purpose of the
trustees was to build and equip a college for
not exceeding250students, but the popularity
of the idea'oi industrial training caused such
a large number of applications :o be made for
admission that the board felt constrained to
enlarge the whole plant, and we are prepar
ing room for cW. The claim was made by my
self and otners, and It was generally under
stood by the people, that with the privilege
lax, formerly expended by the. Agricultural
Department: and with the funds donated by
the Tuned states Government, known as the
Hatch, the Morrill and the land scrip funds;
the college could be built and run without
taxation. The expectation of the board was
that this could be done in two year*-, and I so
stated in my last message: but at ttie end of
the second year we hud ourselves constrained
to ask the help of the Legi.-ln? - for money
to complete the buildings a\j g. . e us a par
tial equipment so a* to open ?>j college next
spring. A! 1er careful and thorough investiga
tion into the kind of work remaining to be
done, and of the needs of the institution, ?
am of tbe opinion that if the Legislature will
give us forty thousand dolbus the school can
be opened by the first Of May, and there
would be sufficient funds to run it the balance
of the year. The boa*d of trustees a*k for
fifty th ?usanddollars, and I am free to admit
thai if .the sum is appropriated* the equip
ment would be much more commensurate
with the requirements of the Institution. As
an explanation of the failure on the part of
the board to redeem its promise that the
school would be completed in two years with
out tax ition, I would direct attention to the
fact that this year there was a falling off In
the amount received trotn the privilege tax
oj S20.000. It was estimateli that the sale of
Agricuiturri Hall would add to its revenues,
but the property las not been sold. The low
est estimate placed on that property w.is
S20.0t>0,and the two together made a deli?it of
510.000 in our Income. The board, therefore,
has not deceived the people, for their promises
would have been ?cept had this money been
available. In asking the state to make it up
to us. we only have at heart the best interests
of the institution and of the lart:e number ol
boys and young men, nearly a thousand, who
are awaiting the opening ol its portals. The
report of tbe president ot the board will give
full details as to tbe progress of the work and
tbe scope of the institution.
THE CITAOEL ACADEMY,
On the 1 Uli day of Marcii last the central or
main building of the Citadel Academy was
almost wholly destroyed by tire. The proper
ty was fully insure.', and the question which
presented itselt to me was whether it should
be lettili this condition,subject to furl her in
jury by reason ol exposure to the weather, or
I shou:d arrange for its being restored. I de
cided at once, both in the interest of the
school and asa matter of economy, in the
preservation of the State's property. tinit it
was better to rebuild without waning tili ac
tion could be had by tue General Assembly.
Had the insurance money been paid into the
treasury there was no authority o? law to use
it, and besides I did not ?ke to assume the re
sponsibility of deciding how much Ol the in
surance money was due the State. Tin- [usur
ane- companies then proposed to restore the
building rather than pay th- whole ot the in
surance, and the matter was adjusted on this
basis. Desiring to see that the work was thor
oughly done. I appointed as the ?geni o? the
stale to supervise the contract Maj/C S. Uads
den, a resident member ol the board.oi visi
tors. There was no fund out of which to pay
him joi this servie", bin he cheerfully under
took it is a labor o? love, and gave much val
nahle Mine to tin' work. Advantage was
taken of the opportunity offered, as tar as it
could be done, to modernize and add many
new a;- l valuable features to the reconstruct
ed building; and the institution is now in
perfect condition and far better adapted to
the purposes ol tiieschool than it was befbre
tin- fire. M??j. Gadsden's report ison tile in
my oh. ?.-. together with ail the vouchers and
papers connected with the matter,?md ;? af
fords me pleasure lo testify to the thorough
ano bu tness-like way in which he discharged
the responsibh dui;, ini posed on him.
? he ;> [tendance at the school is sa' i.- fac'??rv,
::i7 students having matricula!< dal .he begin
ning oi the presemi se Sion. There Is consid
erable complaint ol favoritism and *bu>e ol
the purpose .>: the school as Intended tot poor
boys o?Jy; and though toe b >ard ol visitors!
appear to have exercised every precaution. !
such things are inseparable from an institu
tion ol ibis kind a nei their prevention almost ;
i m possi <?>!? . Owing to the better advantages,
offered o boys living in or near lowus oi lln
State in attending good schools, the country |
boys 'at a disadvantage in a competitive j
xamination, and the prize o| a cauN tship in
this i stitut?on. which is worth ?1,?U. rarely I
' ? them !l w. old appear too, that loi
broaden the school and lo increase its useful
ness it would be better to double Ihe umbri
ol beneficiaries, allowing for each a \ e.-i r
instead o? --.?'..-nid by reducing, il possible;
the cosi pei capita, enable a greater number!
to reo ive .?- advantages o? > bis noble beneli
cence, and delicti tob- paid ny the students
themselves. Tuen if, as J h,, .?, tbc public li?e
schools shall attain that d<-gree ol excellence
which ah.m-wiil entitle them lo long exist
ence, these cadets hi-ps could be open to poor'
bo;, as prizes to bo contended for,and award
ed under the auspices ol the county teachers
associations. The ambition teachers and
Students both would thus ?.? stimulated'-, the !
r,oys to gel the place and the teachers to bave \
their students i<> gei them. And we would
certainly be rid ol the cotnpbiiuts now com
ing Irorn many quai ters thai the town s. bool !
boys are receiving nearly all th< benefit oij
I
this charity, and that, too, when they are not :
entitled to it.
It is not always the brightest hoy or the one '
callable of the greatest mental cultivation ?
who answers the Questions best at the exami- ;
nations, for it is frequently only a difference :
of opportunity.
It a certificate, under oath of the three!
township assessors where the applicant re-!
sides were required,of the inability of the
boy or his relatives to pay tor his education, it ?
would largely do away with the complaints
which are made about boys who are able to!
pay their way getting tlie appointments.!
? What the State wants, and what was contem
plated when the Citadel was founded, was to ;
: take the brightest youths among the poorer;
? classes and gire them a practical education, i
The welfare and popularity of the school will j
! depend on this scheme being honestly carried
out and the elimination o? the abuses which !
i now certainly exist. If these recommenda-,
j fions meet your approval, in the counties
where no teachers associations exist, the con- ',
duct of the examinations and the investiga- ;
lion as to property, etc., could be placed in ?
I charge of the members of the Cenerai Assent?- j
j oly, who, for political reasons, if lor no other,
would endeavor to see the law properly en
i forced.
Tit WINTHROP SCHOOL.
j This institution, which is still being con- '
j ducted in the city of Columbia, is in a most |
nourishing and satisfactory condition and do
-ing admirable^work. Th? act passed at the
'last session ol the Generai Assembly found-'
ing an industrial college for girls inconjunc
! tion with a normal school has resulted in j
I nothing up to this time. The cit of Ander-:
? son was the highest bidder and offered ?75,400; j
j Before issuingand delivering the bonds it was
found that this debt, in addition to what the
city owed, exceeded by a small amount tiie ?
j per cent, limit prescribed by the constitution;
? and lo leave no shadow on the validity of lie
I bonds a friendly law suit was begun and ar
I gued last April in the Supreme Court to have
! the questions involved passed upon. The de
j cisi?n of that tribunal has just been made
public, and. as it is against the validity, the
board of trustees will "have to reopen the bids
for I he location of the college. Had the court
favored us with its decision sooner, which we
had a right to expect in so important a mat
ter, the school would have been thrown open
to competition of other places and at this
time would have been far ou the way to com
pletion.
The Hon. Robr-rt C. Winthrop, president o?
the Peabody Board, whose honored name the
school beats, has always taken the deepest in
terest in its welfare. Un his account."as well
j as because we have a well founded hope that
I when the Peabody Fund is distributed this
school wi?l receive a large endowment, it is a
! matter of deep concern to every person inter
I es ico in Iemale education and in normal
training, that this important branch of our
j educational system shall have a permanent
?and suitable foundation of us own; and we
-will hope that when your honorable body
again assembles this will have been accom
plished.
THE INSTITUTE FOR THE DEAF, THE DUMB
AND THE BLIND.
There is yetanotherState institution which
while itdoes not furnish highereducation. oc
cupies an important place in oar school sys
tem, and appeals strongly to the sympathy
and kindly feeling of every citizen. It is the
institute at Cedar spring, Spartanburg coun
ty, wheie those unfortunate children, who are
deficient in oue or more of the'senses, receive
I their trainine. I always recall with pleasure
J my visit to this school fast year, when I made
a thorough inspection of if. and became satis
I tied that, under the admii ab^e management
j of the superintendent, Mr. X. F. Walker, and
I his noble wife, the money that had been given
? was made to accomplish wonders, ami" that
there is nothing to be desired mthatdirec
tion. While the ordinary supposition would
be that it wasa gloomy and sad place. I found
it in reality a "home, fu:l of bright faces and
happy hearts. The increase in the number of
students has been considerable, requiring a
corresponding increase in the maintenance
fund, and I feel that I can confidently rely on
! the General Assembly to give all that is ask
I ed, for its past management is a guarantee of
the money being spent to the very best ad
van tage.
CLAFLIN UNIVERSITY.
Last but not least among the State's institu
tions of higher education is Clatlin College,
i situated at Oiangeburg. This is conceded to
i he one of the best colored colleges in the
! South. There are over 60G students in attend
I ance, and the colored youths of both sexes are
I being trained here in almost every industrial
i and mechanic art, while receivinga good Eug
? lish education. The trustees of the South Uar
iolina University, of which this school is a
I branch, at the request of Dr. Dunton, its pres
; ident, have appropriated a large part of the
!one-haifoi the Morrill fund, which belongs
! to this college, to an increase in the force of
? teacher* and the purchase of much needed
, machinery and other things necessary for its
j better f quiprnent. Owing' to the accumula
tion of four installments of this fund, caused
j by the obstinacy of the Secretary of the Inte
rior a! Washington, who refused to pay the
i money to the state until forced todo so by
j Congress, and the fact that another install
' ment 80,500 will be coming toClafiin on the
: 1st o? July next, there is more money in sight
than the school can economically us* in one
year. Butas the donation of the Morrill fund
j depends upon the state's continuing out of
j its own funds to give it support, there must be
j an appropriation of some amount.
THE ASSESSMENT OF PROPERTY.
! The questions of the assessment of prnpem
and the proper control of railroads and other
corporations are ol deep concern to the peo
ple; and these questions have excited much
[ thought and interest by reason of the litiga
tion which has been forced on the State dur
; ing the last two years. The power to levy and
collect taxes lies al the very root of govern
ment: so much so, that the very existence of
: constitutional government may be said to de
; pend upon it. Hence, in all written constitu
tions and statutes this power is conferred and
I its exercise jealously guarded,
j Inali free govern men ist he object is to make
i the taxes equal and to have till species of prop
erty share aiike in bearing the burden ; and
our laws have wisely and properly provided
adequate remedies, equally for the state or
for any of its citizens when injt* tice has been
; done, or inequality shown. But. as the duty
i of collecting taxes is imposed on the execu
tive department, there isa strict prohibition
against interierence by the Judiciary, except
i under plain limilationsand in clearly defined
; ways.
THE COURTS INTERFERE.
! The legislative branch of the government
enacts; the judiciary interprets; the execu
tive enforces and carries out the laws. They
j are co-ordinate ?nd co-equal ; but iL was never
, con tern plated that the judiciarv- should annul
;a law simply by a decision which is clearly
wrong, or override the executive branch by
usurpation of authority which is forbidden.
They have their separate places and func
I lions, and should be kept in them. The Leg
islature can protect itself from encroachment:
but the executive has no remedy other than
; appeal to the representatives of the people.
: While it is to be supposed that ail branches
j ol the government will labor in concert fosee
I that the laws are properly interpreted and ex
ecuted, it is natural that there should bedif
j feie'iceof opinion in these matters: and it is
? not impossible that favoritism and prejudice
[ may exist in some of the departments. But.
: alter the legislative brauch ot the government
i has ordered a levy ami given plain instruc
tions as to the methods of assessment, and
; the executive branch has loyally and in good
. faith set in motion the machinery provided
for the collection of taxes, the judiciary is
sternly forbidden to interfere by summary
process, and the only remedy for improper or
: undue assessment is that the lax-payer shall
pay under protect and then recover by a suit
i al law. I do not deem it necessary to quote at I
length from our statutes to show the correct !
n> ss of this s> nopsis, hut will give brief ex-,
I tracts when necessary.
DIFFICULTIES IN ASSESSING PROPERTY.
I j
; In the discharge of bis duty, as the State's!
fiscal officer, the Comptroller*General issut d
! general instructions to the Auditors in regard
ito the assessment ol property last year, call-]
! ing attention specially tu the qndements of
i the statutes, that "all property shall be valued
? lor taxation al its true value in money,";
j which isdeeared to be **f be usual selling price
on the usual terms id similar property at ad- :
j ministrators or executors sales:" and. in the j
, case of real est ate at "sales i >r partition und r
tin- order of the courl " is efforts were di-:
reeled towards having all property honestly !
assessed as thtiseJearly provided; hut noreas-j
! sessment of real estate b-dng possible under
; the law uti: ? he four > ears had expired since .
the last ass- -smellt?in Is'mi- and knowing1
that it won d bea laboi ol years to have this
statute en forced as to ad species of pi open y.
when it cam.' t<> the Comptroller GenerjiiVj
knowledge 'hat some ol the banl:s*w*ere not
returning their surplus, and that other prop-:
eriy w.-.s uol assessed in accordance with ?
? these provisions. /. /?.. the usual sellini: price
?.?- re: value, the attention <>i the auditors
was catted to Section ?"9. G. S.. which I will
quoi e in full :
IMI. LAW IN REFERENCE TO RETURNS.
'.-Ye; m-i 2:* I the county auditor shall
suspect " ' informed that any person or
persons, corporation or company, has evaded!
making a return, or made a false return, oi j
in-, her or their property lor taxation, oi
have, or has, no? mad a full return, or that
f be. va tua lion returned Isles- than iL should j
have been.according to the rales prescribed
by this chapter, it sitali Pe hi- duty a! an)
Mme bi fore the settjeniei.il u in. the rea surer? j
for the year, to notify such r?art> to appear
bef< >re him at h is office a I a time fixed :i said ;
??lice, together with such other person oi
persons a- -aid auditor may desire to exa
mine, and the party, together with any wit-,
ness called, shall be examined by -aid andi-l
tor under oath (which ria! h said audlloi i- au
lliorized to administer) touching tue pi rsonal
property and the value I tiereol of such party j
and everything which may lend to evince tlie
true amount such pai ty Should have returned
for laxa! ion."
W If AT ! If :: JUDGES !
In the county of Newberry the andito", un
der Iheauthority ol this >e. tion, mised the
assessment of the Bank oJ Newberry, whiehj:
musa
J
the sworn report of its officers shewed to he]
won h 8309.000, and had been returned at S150,- !
000, to 824O.00?. But the auditor neglected to ;
comply with the provisions of the law which '
required him to summon the parties in inter
est and take testi mony under oath. Alter the
bonks were made up, the laxes entered and
the duplicate in the hands of the treasurer,
application was made to a Circuit Judge for a
maridamva to require the auditor to restore
the assessment to the original figures as pars
ed on by the equalization board, and this
writ was granted.
In the con ty of Marlboro a similar case oc
curred?except that in that county every re
quirement of the statute had been met, testi
mony taken, and the property assessed at its
"true value in money/'as shown by that tes
timony. Here again the court was appealed
to and a similar writ issued by the same
judge. The case were appealed to the.Su preme
Court and thai court sustained the Circuit
Judge in the exercise of the power ot issuing
summary process, the Supreme Court holding
that our statutes on taxation mast be con
strued as a whole, and that after the equaliza
tion boaid had passed upon the return of pro
perty the Comptroller General and auditor
are de-barred from any fui ther action. Now
Section 23[>, quoted above, expressly pros ides
that "the auditor, at any time before the set
tlement with the treasurer for the year,''shah
have power to hunt, ud property that has
evaded taxation or been assessed too low.
And Section 20S provides how parties, who
conceive that they have been unjustly or Il
legally taxed, shall make payment under pro
test and bring an action in the Court of Com
mon Fleas against the treasurer for recovery.
And Section 2(59 expressly, and in peremptory
language, forbade the judge, in the first in
stance, to issue such writ, aud declares what
is the only remedy under these circumstances.
That section reads as follows :
MORE LAW.
j "Section 269. There shall be no other reme
dy in any case ol the illegal or wrongtul col
! lection ot taxes or attempt to collect taxes *
I * * than that herein provided; * * *
land no writ, order or process of any kind
! whatsoever slaying or preventing any officer
! of the State charged with a duty in the col
! lection ol taxes from any step or proceeding
! in the collection of any tax, wheihersuch tax
j is legally due or not. shall in any case be
i uranted by any court or the judge of any
! court ; but in all cases whatsoever the person
j against whom any taxes shall stand charged
upon the books of the county treasurer shall
be required to pay the same in such hinds
fand moneys as the said county treasurer shall
! be authorized to receive by the act of the Gen
j eral Assembly levying the said taxes in man
' ner and form as above provided, and there
upon shall have his remedy under the provi
j sions of the next preceding section."
.SHALL TUE .?l*ne;ES INTERFERE WITH A CO
1 ORDINATE JiRANCH OF GOVERNMENT?
? Further: Section 171 declares that "the col
lection of taxes shall not be stayed or pre
! vented by any injunction, writ or order issu
! ed by any court or judge thereof." Now, the
: question presented to you is not whether
there was any inequality or injustice in the
' action e>f the auditors in the?e two cases. It
I is not whether the Comptroller-General has
; transcended his power, butit is whether the
; judges of South Carolina shall interiere with
! a co-ordinate branch of the government, when
they are strictly prohibited by law from so
doing. It is idle to deny the proposition
that the Comptroller-General, the Auditor
!nnd the Treasurer are all "officers of the
. state charged with a duty in the collection ol
taxes," as set lorth in Section 20*>. There can
; be no collection until the property is assessed
! and the duplicates made up by the Auditor,
and to quibble and split hairs and exercise
i power forbidden, upon the ground that the
Auditor is not "an officer charged with a duty
': in the collection of taxes," is merely trilling
with the common sense of the people. The
; banks had their remedy, namely, paying un
I der protest and recovering by suit; and tbe
methods which they successfully adopted tc
evade an appeal to a jury only emphasizes
the danger, which is becoming to be recog
' nized throughout this Union, from corpora
: tions and the power cf money ; and the fur
ther danger which lies in the gradual absorp
tion and usurpation of power by the judici
ary. Sb?te and Federa!. It isa notorious fact
I ihat the claims set up, and exercised, unques
tioned by the judges of the United States
Courts, and the protection thrown around
corporations by those courts, are to-day the
greatest, menace to American liberty. The
executive and legislative branches of the
United States Government are powerless tc
i resist these encroachments except by im
: peachment, and that is a remedy so difficult
and well nigh impossible of successful appli
cation that it is rarely restored to. Unuer
? the construction given to Federal Statutes by
the Federal Judges, the reserved rights of the
: States are one by one being disallowed : and
? when plutocracy shall fiud itself pble to bu
; the House of Representatives as it has once
; bought the Presidency and the Senate, the
last nail will be driven into the coffin ol
boasted American free lorn. Kut. while W?
? are powerless to resist this engine of Federal
oppression, we can at least apply a remedy te
I its counterpart in South Carolina. What
I that remedy may oe is for your wisdom to de
; cide. It does not appear worth while to rsHk*
the law any plainer than it is now. though J
I elsewhere advise you to declare what the law
j is.
j DANOER FKOM INTERMEDDLING JUDICIARY
I will only say that the people of tht
State who desire reform aDd who feel tlie in
:equalitv of the administration of the law
I may elect Governors and Legislatures time
; and again to do their bidding, butas long as
1 the judiciary misinterpret the law, override
it, or indulge in judicial legislation, our ef
forts to secure equality in taxation, the pro
tection of life and property and a fair and im
partial ad ' inisttatioa will be in vain. I
.our courts are allowed to exercise a powei
which they arc forbidden to exercise, and il
goes unchallenged, how long will it be bet?re
other usurpations will follow? If interfer
ence with the auditor is allowed, if these man
damuses are to continue, the judges can
I block the wheels of government, and destroy
. it even. Suppose every taxpayer were to ap
ply for a writ and a judge granted it, how
j would we be able to conduct the State's af
fairs? It is impossible lor the government te
; calculate with any certainty upon its revenue
j If the collection of taxes is subject to be a -
rested In any instance in which a taxpa.er
should make out a j>/-ima facie case; and the
interference by summary process is therefore
positively forbidden.
WHAT THE SUPREME COURT HAS D0-*?.
Every government claims, and must have.
[a certain and speedy method of collecting
taxes. In an absolute monarchy it is a very
simple process, and used in the past to great
ly oppress the people; and, therefore, in a
constitutional government there is an at
; tempt to balance the prerogative of the s< ver
' eign and the right of the taxpayer. The
board of equalization and assessment direct
ly represent the indi vidual taxpayer; theof
: ricers elected by the people represent the
State. When the assesment of property is
too high the board of assessors can reduce it.
This is the safeguard of the taxpayer. In
section 239 the correlative right is given the
: State to increase wheu the assessment is too
low, and this not upon the personal know
ledge or subject to the whim of the auditor,
! but. upon sworn testimony. The tax acts
must he construed as a whole ami as tbrming
[asystem designed to secure uniformity and
! equality and affording" equal protection to
; sovereign and subject. You cannot, without
! disarranging its nicely balanced machinery,
! grant the taxpayer a remedy when tbe assess*
I ment is too high" and deny the correlative re
I lief to the State when it is too low. Yet this
is exactly what the decision of the Supreme
Court has elone.
Very few men. however, believe that any
private citizen would have received the con
sideration given the banks; and though I
stund ready to accord all corporations equali
ty before the law. I cannot remain silent
while the laws are tra m oled nieder foot, anil
see them accorded privileges which a private
citizen feels he cannot obtain.
I'ltOJl 1 .
For some years there has been more or less
agittit ion on the subject of prohibition, and
there have have been contests at the polls in
municipalities and c-ountics to de-cide wheth
er or not liquor should be sold therein. At
the last session of the General Assembly a
prohibition bill passed the House, but failed
m the Senate. Atthereceni Democratic pri
mary the question was submitted to the peo
ple as an abstract proposition, without any
definite legisb'Mon being indicated, and re
ceived a majo, .y of the votes e-ast ou that
subject, although not a majority of the total
vote cast. This won ht indicate a wish on the
part of a iarge number ol our people that
there should be some restrictive legislation
in regard to the liquor traffic. This question
did not enter into the issues ol the campaign.
It was not discussed by the candidates, and
the decision at the polls cannot be considered
as a conclusive test of the popular will.
Knowing, however. Unit some l?gislation is
likely tobe had. 1 Irci called on to point out
some ol tin- obstacles and difficulties in the
way oi enforcing!! law ol ibis character; and
Hu- probable cost ot a prohibition bill as indi
cating a necessity (or increased taxation on
other lines ; rather, a- a matter of intornia
no!) il.un us showing any anragonistic views
on my p o t.
nie of the most common among modern
sayings is thai 'prohibition docs not prohi
bit,'* and experience as wed as observation
teaches u- thai certainly most ot the prohibi
tory legislation ha- resulted m partial or
complete failure to acerornplish tin- end
sought, namely, the ab sed Ute prevention of
ihe .-? 1 'ing and drt ki ng ot liqour. Town af
ter town :n the Stale ha- tied It, and. ti no ing
th e ? d verse sen ti m eu l so strong and he cva
sion oi the lau .?-o rom?non, they returned
m disguest ! >? license system. And it
may as well he understood that no law which
may hi- pa-st d on this subject will enn 'ret- it
sel!', or .e allowed to he carried intoefleet.
without strenuous opp ?sitioh and many cun
ning devices h' iiii; brought li.to play to evade
h. e trouble is. that when public opinion
does notgeuerally so-fain a law. Its enforce
ment becomes almost impossible,-'?nd what is
eve-rybody*s ousiness is nobody's business.
Meti dislike to play tue spy on their neigh
bors and incur the od i to oi lodging informa
non or taking oui a warrant. When iuelict
aieuts arc brought, juries are diyided, con vic
iions are difficult or impossible lo obtain, and
society, divided against itself, finds such re
striciive legislation very difficult of enforce
ment, i
All classes, men and women alike, fee1.at
times, the need of stimulants, and many who
are never guilty of excess in the:r use resent j
any law infringing upon personal liberty.
Then, many who rarely indulge, iu intox teat .
mg liquor are strongly opposed to any su m pi -
uary legislation; Every thinking an lobserv- j
ant persou sees and ackn >wie Iges theevil,
; and. iu some undefined way, wishes to se-; its
[abatement. It is weh understood ani ac
knowledged that liquor drinking is toe cause,
I directly or indirectly, of rao-t of the crimes
[ committed in our country. It also produces
I much of the poverty and misery amoug cer
I tain classes ; but the human family cannot
?be legislated into morality any more th-tn it
j can be made honest and truthful by legisla
tive enactment lean readily conceive and
i believe that with a strict law. rigidly emorc
j ed, great good would follow. I can just as
readily see that it will require astern head,
: with many eyes and far reaching bauds, to
: carry it into effect.
! As an example of the difficulty of con
trolling the selling and drinking of liquor. 1
i would call attention to the impunity with
which existing laws are disregarded. We
j have a statute which forbids und?r a penalty
the putting up of screens in barrooms and the
I selling of whiskey to minors, and there is
hardly a barroom in the State which obeys it.
j Our soliciiors, our judges, our juries, sworn
officers of the law, see and know these things,
j and yet they do nothing. The trouble arises.
I think, from the fact tnat there are officers of
the State and county, while liquor under ex
isting statutes is sold under license granted
by municipal corporations. Thepol-.ee con
nive at and are blind to these infiingements
of the law by the bar-keepers, under instruc
tions, doubless, from the authorities, and the
people generally become educated and accus
tomed to seeing the law despised.
Another thing : The pronibition sentiment,
as opposed by the wish to license the sale of
liquor, is found largely in the country?the
liquor men living in the towns. They make
money selling the liquor; the towns make
money; the country suffers; the countrv
pays for it; the country has iucreesed taxes
for it; hence the division. But with a major
ity of the people in the towns in favor of sell
ing whiskey, the prohibitionists in the coun
try will find themselves handicapped aud
their efforts rendered nugatory in attempting
to control the nuisance. The people ot this
State are already sadly divided along this
very line of town agaiust country and the
wisdom of further division is questionable.
1 j Granting the possibility of doing something
towards abating the nuisance of barrooms, I
would call your attention to the law now in
force at Athens, Ga.. by which a dispensary
for the sale of liquor is provided, and which,
after trial, is pronounced a success by the
prohibitionists themselves, who, in despair at
the failure of the prohibitory laws, bad it en
acted by the Georgia Legislature. I would
further direct your attention the following ta
ble, showing the number of barrooms in this
State, the revenue derived from them by the
counties, and the revenue for the towns:
Counties.
Number
of
Bar-r'ms.
Abbeville
Ai ken
Anderson
Barn well
Beaufort
Berkeley
Charleston
Chester
Chesterfield
Clarendon
Colieton
Darlington
Edgefleld
Fairfteld
Florence
Georgetown
Greenville
Hampton
Horry
Kershaw
Lancaster
Laurens
Lexington
Marlon
Marlboro
N'ewberry
fOconee
Orangeburg
Piekens
Bich land
Spartanburg
su ra ter
Cnion
Wi?liamsburg
fVork
5
16
7
?2
38
30
2S5
5
31
10
4
7
S
?
16
26
3.3
11
13
Amount
Paid by
Bar- r'ms
to County.
" ? 500
1.600
700
2.200
9,000
11.400
2*,5?)0
500
300
300
S,:i00
1,000
400
"00
800
60;)
1.600
TOO
600
000
400
300
800
2,600
3.S00
1,100
1,300
?00
Amount
Paid by
Bar-rms
to Towns
S 2,500
- 4,51)0
4,200
*5,550
2.362
3.400
28,500
4,0:
900
1.800
1,500
5,000
1.600
2,900
4.000
3.000
1.6000
3,750
2,500
?500
2,800
600
400
7,S00
7.600
10,010
1,300
SOO
Totals 613 SSI,100 134,327
For thirteen bar-rooms; no report as to
bar-rooms at Barnwell Court House.
?Xo report.
THE SALE OF XIQUOR LEGALIZED BECAUSE
OF THE MONEY THAT IS IN IT.
When attention is thns directed to the fact
that most of our municipalities are relieved
altogether of taxation for municipal purpos
es by the money derived from the cale of li
quor, it will be seen why so many towns
which have tried the non-licensing system,
when they found liquor sold anyway and
their municipal tares drawn from property.
The nuisance without the benefit caused a
revulsion of sentiment, and however reluc
?an ly. the sale of liquor was again lega
izedand taxed.
WHERE THE MONEY SHOULD GO?THE WAY
TO ABATE THE WHISKEY NUISANCE.
In my last annual message. I called at
tention to the injustice of h I lowing the towns
to license the nuisance and derive therefrom
an income at the expense of the county and
state; and urged, as a step looking to tne
practical suppression of the liquor traffic.
11 that all money derived from this source
should go Into the county and State treasur
"t ies. while leaving the question as to the i>su
ing of licenses to a vote o: the municipality
just as it is now. I have seen no reason to
change my opinion as to tli is being the sim
plest and most practicable way to accomplish
the end desired. When it is known that no
benefit will accrue to the towns by the li
censing of bar-rooms, public sentiment In
them will rise in arms to suppress the nui
sance which incieases municipal taxes, and
, avery man will be mor?* or less interested in
j seeing t he law enforced. Tt?e people of m^se
, towns will not he at the additional expense
i of a police force to maintain order or repress
disorder produced by drunken men who ob
tained their liquor surreptitiously, un the
ot her hand, you -eetha; tne absolute refusal
to license the ?ale of iiquor win can*e an in
crease in the taxes of ? ne con ies amounting
to one half mill : and it may as we' he un
derstood now that unless the prohibitionists
themselves organize some detective agency
to take out warrants and prosecute tho.-e
who break the law, the State '.self will have
to provide something of the kind or the law
wi M be a dead letter. All th:s will increase
raxes, and taxpaj'ers had just as weU under
stand if. If the promiscuous and improper
use of liquor can be stopped there will bea
revi notion in the number of crimes commit
ted and a decrease in the court expense.
THE NEGRO AS A BALANCE OF POWER."
Another danger, which we cannot be blind
io. will be the probability ?l a desperate pol
itical st; ui:gle between the prohibitionists
and the anti-prohibitionists twoyears hence,
with an ppea: to ttie negro as the balance of
power; tor in every tow u and county where
this question has been fought out at the polls,
that has been the effect, and when applied to
tne state we may look for a like result.
Having thus discharged my duty frankly
and without bias, and presented the question
as it appears to me, I leave it. with you. and
will cheerfully approve any law you may
enact.
BARROOMS UNDER THE GUISE OK CLUBS.
Before dismissing this subject I would call
your attention to the effect of the decision of
, the supreme Court in regard to the sale of li
I quor by so-called "social and literary" clubs,
I it having been decided by that court, in the
case Of the Columbia Club, that a license for
the sale of liquor was not necessary for such
associations. The result has been that char
ters have been granted by the Secretary of
State in several instances for the organiza
tion of such clubs; ami it is generally under
stood that they are barrooms in the guise or
I under the name of clubs, and are maintained
! against the will of the communities in which
: they are located.
i WHAT OUGHT TO BE DONE WITH HAMBURG.
There are a few complaints in regard to the
; infringement of the law prohibiting the sale
! of liquor on Sunday, and notably in the town
of Hamburg, opposite the city of Augusta,
which abuse became so great and notorious
that, after repeated complaints. I com m 1s
! sioned aState constable to investigate the mat
; ter. and sever al arrests were made. This place
(Hamburg) while nothing more than tbeghOft
its former self, with a very small population.
Isti H retains itcharterof incorporation. The
; remedy against such abuses, which ate not
' likelv to be restrained by public opinion,
would be to repeal the charter, and this I
I recoin mend.
AGRICl TURAI. HALL, AC.
1 have already alluded to the fact that the
property known as the "Agricultural Hull"
has not been sold,and I deem it my duty to
set forth the reasons why a sale has noi been
consummated.
The property was put up at auction on the
flrstday of February, lSIi,and was knocked!
down to W. II. Lyles, bsq., as attorney, fo:
jlii.lii*'. The name of the real purchaser was
not disclosed at the sale. On the next day. at j
a meeting of the commissioners of the s'nk-i
iiig fund, ? deed was presented them forsig-l
natures without the name of t he purchaser : j
Mr. M? ans the elei k of ihe board, reporting to :
us that Mr. Lyles was not prepared to com
municate the name, and had requested him to ?
have the deed signed iti blank. This was con-j
trary to our custom, but. as we were not ex
pecting fraud, the commissioners present at
the meeting, five in number, complied with
the request.
Several days later Mr. Lyles gave to the Sec- :
retaryoi Slate the nameof the purchaser.one
J. U". Alexander, of North Carolina, and sub-1
mined for approval the mortgage required !
under the terms of the sale to secure the ? red
it portion (two-thirds) ot the purchase money. |
This paper was no: correctly drawn,and the
malter was postponed. Ou the 16th day of
February, Mr. Lyles. accompanied by Mr.
vi Her,"came to the State Hotfse.and, Mr.Tin
, Secretary of State, b:-ir.g absent from the
y. lie presented tbe niorigage to the State
easur er, and.after persuading him to receive
t, loge liier w Ith a check for the cash portion
if the parchase money, got possession of the
deed to the property. He also obtained an or
der from Mr. Mean-, a clerk in the office of the
Secretili y of State, directing the State's tenant
in possession fot the building to surrender Use
possession to Mfr. Lyles as attorney of the pur
chaser. Mr. Lyles and Mr. J.S. Mailer, claim
ing to be attorneys for the purchaser, then re
tired from the treasurer's office tora moment,
bat immediately returned and made to the
State treasurer a tendero'' what is known as
'Revenue Bond Scrip" in payment of the
credit p.?rth>a of the purchase money. In the
terms of sal?? it was stipulated that the pur
chaser would be allowed to anticipate tbe
payment of- this credit portion if ne so de
Sired. The tender was, of course, refused by
the Slate treasurer, and then Mr. Lyles drew
from his pocket a writteu notification of the
tender aud tils intention to refuse to pay the
balance or interest thereon.
Being promptly informed of this transac
I tion, I saw at once that a conspiracy had been
I formed by these attorneys, and others inter
? ested in "'Revenue Bond Scrip,'' prior tc the
oJirchaseof the property : and that the pur
I chase Ind .been made in bad faith and lode
iraud the State and force her into the court, to
test he validity of the 'Scrip." In this emer
gency, the< Secretary of State and the Attor
ney General being absent from the city, I act
ed promptly; instructed Mr. Means to rescind
the order for possession, aud, in behalf of the
Secretary of State, to see to it that the proper
ty be betonanti! the Secretary of State, the cus
todian, should return to the city. ThisduTy
was entnested to J. W. Coulliette, then the
watchmanW the State House and grounds, to
whom I issued an appointment as chief State
constable. ?n this matter I acted as Governor
of tbe State and ex officio chairmau of the
Board of Commissioners of theSinking Fund,
deeming it my duty, if possible, to thwart
this conspiracy, the parties to which had dis
closed their purpose from the beginning of
tue tran-action to practice a iraud on the peo
ple of the State. This, the facts abundantly
prove.
On the same day possession of the property
I was demanded by Mr. Lyles, as attorney, and
refused oy Mr. Coulliette. Some correspond
ence theu followed, and copies of the letters
are here given :
Columbia, S. C, February 17th, 1S92.
To His Excellency B. K. Tillman, Governor
State of South Carolina:
Sir: On yesterday, as attorney for Mr. J.
W. Alexander, of Lincolnton, . C, I com
pleted the purchase of the building and lot
adjoining, situated on the west side of Rich
ardson street in this city, between Gervais
and Lady streets, known as the "Agricultural
Hall," r.nd to-day I called at the building, still
acting as attorney for Mr. Alexander, and
found it locked. Upon knocking at the door
Mr. J. \V. Cjulliette opened it from within
and. upon ray stating that I had come to tak~
possession of the building, informed -ue that
he had orders from you to prevent my enter
ing and to re'fQse to surrender possession of
the building to me. I demanded to see his au
thority if it was in writing. He handed me a
commission, executed by jourseif as Gover
nor of th i State, to him to hold during your
pleasure, but it did not state for what purpose
he was appointed, and I write to know if he
was correct in his statement that you bad in
structed him to refuse the possession of the
building to me. About the close of the con
versation between Mr. Coulliette aud myself,
Mr. David C. Means, the clerk of the Board of
Comrobsionersof theSinkingFund.came up,
and upon my exhibiting to Mr. Coulliette the
orders given on yesterday to the occupants of
the building to recognize me. as the represen
ts, ve of Mr. Alexander, as their landlord, he
( ? . Means) informed me that, in pursuance
of instructions from you..be had revoked toe
orders. 1 beg to know if he was correct in
making tdis statement.
Respectfully, W. H. Lyles, .
Attorney for J. VV. Alexander.
Dictated?A.
State of South Carolina,
Executive Chamber.
Columb'a, S. C. February 17th, 1892.
W. H. Lyles, Esq , Attorney, Columbia, S. C. :
Sir: In reply to your letter of this date,
asking whet her or not Mr. Coulliette had been
instructed by me to refuse possession of tbe
building known as Agricultural Hall to you,
I reply, yes; he is Instructed to hold posses
sion for the State against anyone claiming
the property. And Mr. Means was also in
structed to evoke the order to the tenants in
the nui Id ing to recognize you or any one as
owner except the State. Kespectiudy,
B. R. Tillman. Governor.
Columbia, S. C. February 17th, IS92.
To His Excellency B. R. Till man. Governor of
South Carolina:
Sir: Your letter ot this date stating that
Mr. Coulliette and Mr. Means were acting un
der you.' instructions in tue matter rererred
to in my letter of tnis date nas been handed
to me.
On behalf of Mr. Alexander. I desi-e to no
tiiy you thai he considers your action unwar
ranted by your official position, ar.d wiil con
sider you individually liable for any damages
that ue may suffer mereby, and wid proceed
accordingly. Respect :uliy. Win. H. Lyles.
State of South Carolina,
Executive chamber.
Co:umbia, s. C.. February 17Oi, 1S92.
W. H. Lvles, Esq., Attorney :
Si;: Your let ter Of this date informingme
that yo?j consider my action in refusing to
surrender possession of Agricultural Hull
"unwarranted by my official position and
will consider me individually liaote for dam
ages." received. I desire to notify you that I,
as Governor, am chairman of the Sinking
Fund Commission, aud that, acting lor the
commission, I have refused to consummate
the sale of the property or deliver it to you in
my dtai capacity.
I am resisting an attempt to swindle the
State out of $10,o00of deferred payments aud
to prevent litigation. No one knows better
than yourself that the Revenue Bond Scrip
which \ ou tendered for the balance due is
worthless; and if my action in resisting the
initiatory step to bring in question tbe settle
ment of the State's debt by the Bond Court
and saddle several millions of illegal Radical
bonds on the taxpayers is "unwarranted by
my official position," I cheerfully assume the
responsibility and all individual liability,and
will leave the question to be decided by the
courts. Respectfully,
B. R. Tillman, Governor.
On the 20th of February the Commission of
the Sinking Fund held a special meeting, ap
proved the action which had been taken, and
instructed the Secretary of State to retain the
custody of the property.
Suit has been brought by J. W. Alexander
against me and Mr. Coulliette, as individuals,
in the United States Court, and litigation is
now pending for the possession of the proper
ly, for damages, and "for the value of the use
and occupation thereof."
Whatever may be the results of this suit to
me personally, I am confident that tbeconrt
and jury will not award to these conspirators
possession of property that belongs to the
State, and of which I am not. and have never
been, in possession, or force tbe State to en
gage In a tedious aud vexatious controversy
in the United States Court to test the validity
of the "Reveuue Bond Scrip." The State is
not a party to this suit, and can not be made
a party to any suit without its consent, and
the "Revenue Bond Scrip" has been passed
upon by our own court, which declared inval
id this debt created by the infamous Radical
government in South Carolina.
the direct tax.
Last Aj :il there was paid into the State
treasury S221.71L26 of direct tax collected ?rom
our peop.e just after the warand for the dis
tribution of which an act was passed at the
last session of the Legislature. I appointed
the Hon. T. J. Kirkland, of Camden, commis
sioner, to copy the records at Washington and
to prepare duplicate schedules for the use of
th' masters at Beaufort and Charleston. The
task was dfficult and laborious, requiring pa
tient research and pains-taking care. With
what diligence and accuracy he executed the
work is shown by the fact that, althoughlhere
were m<>re than ?,000 names, taxes, costs and
ualtiestobe copied, but one mistake has
tieen called to my attention thus far. Of this
amount'2.010 claims, amounting to $102.28099.
up to October .SI, have been paid. The lanor
imposed upon the master in equity of Charles
ton, Mr. M des, has been very heavy, and a
corresponding amount of work was done by
my private secretary and the clerks in the of
fices of the comptroller gem ral and treasurer,
requiring the employment of extra clerical
assistance, for which I have paid out of the
fund. One per cent, of the amount returned
to the claimants have been withheld for the
payment of the expenses of disbursement.
The compensation, S?OO, authorized to be paid
to Mr. Miles Is totally inadequate, and I rec
ommend that he be given $."*K? more.
Mr. irk laud's research among the records
at Washington disclosed the fact that mere
was due an additional amount of nearly $20,
iKK)ot interest, costs and penalties. But the
authorities declined to pay it to him, and I
made a trip to Washington for the purpose
of inducing the secretary of the Treasury to
comply with the law. He refused, and it whs
my purpose to commence suit in the Court of
(" aims, but since then the Attorney General
of the United States has filed an oponion
that the money must be paid. As soon as
this was known I instructed Mr. Kirkland to
return to Washington and set about making
up the accounts, and he is now engaged on
this work. The? m unt ;; id him tor his work
last spring was $400 underthe act?much less
than it was worth -and I recommend that he
be given an additional sun;, of $1,000 out of
the interest, that he shall obtain. The
o alance in the treasury to the credit of this
fund oelongs to two classes of claimants.
Many ol tue items, several thoustand in num
ber, are too small to make it worth while to
bother with their collection, and there will
likely be a considerable amount which will
never be lid ouL After six years this will
belong to the Siate. The other class is being
subjected to an outrageous scheme of robbery
on behalf of the heirs of J. B. Campbell and a
law firm In Washington, who, under agree
ment made with tbe claimants more than
twenty years ago for 30 per cent, o? all sums
recovered, now step forward and claim this
in per cen'.. although directly barred by the
Uw, granting this money which they never
did anything to earn. Upon the flimsiest
lechan leal grounds an appeal was taken from
the decision of the Master, and the case be>ard
Continued on next pitffe.