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The sumter watchman, Established April, 1850. "Be Just and Fear not-Let all the Ends thou Aims't at, be thy Country's, thy God's and Truth's." the tr?e southron, Established June, 1366 Consolidated Aug. 2,1881 SUMTER, S. C, WEDNESDAY, SEPTEMBER 25, 1895. New Series?Yol. XV. Xo 8. Published Srery Wednesday, JNT. G-, Osteen, SUMTER, S. C. terms : Two Dollars per ano am?in advance, i d r s a : Ose Square ?rat insertion.$1 00 Every subsequent insertion... 50 Contracts for three months, or longer will be made at reduced rates. All communications which scbserve private interests will be charged foras advertisements. Obituaries' and tributes of respect will be charged for. ' _ ? Work of the Constitution Makers. ? Short Session Tuesday, bat Many New Measures Ictroduced. A Night Session and Addresses- by / Women Suffragists. September IS. The session of the Convention yes terday was of short duration and quiet. A large number of measures were in troduced and referred to the proper cone dee. Mr. D. H. Russell, of Anderson, introduced a suffrage ordinance. }jr. W. Black Wilson, of New, also pro posed a plan of snffra^ge. Anderson, the colored delegate from Georgetown proposed a resolution mak ing school attendance compulsory. Mr. E. L. Lybrand proposed a reso lution providing .for the support and government of the public schools. He would have a school tax of mills on all property and a poll tax o? $1. The two most important measures introduced were the scheme to place the county financ?e oo a cash basts, pro posed by Mr. D. S. Henderson, and a new judicial system. The texts of the reso in tton ?re .as follows : 1. The judicial power of this State shall be vested m a Supreme Court, or a Court of Common Pleas haviog civil jurisdiction and a Court of Generai Sessione having criminal jurisdiction only, a County Court having limited jurisdiction, both civil and criminal, Justices of the Peace and such munici pal Courts as the Legislature pay think proper to establish. 2. The Supreme Court shall consist of a Chief Justice and .two Associate Justices/ any two of whom shall consti tute a quorum. They sball be elected by the joint vote of the Generai Assem bly for the term of sis years, and shall be so classified that one of the Justices shall go out of onice every two years. 3. The Supreme Court shall have ap pellate jurisdiction only in cases ot chancery and shall constitute a Court for the correction of errors at law, under such regulations as the General Assem bly may by law prescribe : Provided, the said Court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus and such other original and remedial writs as be oeceseary to give it a general super visory cootroi over all other Courts of the State, 4. The Supreme Court shall be held at least twice in esch year at the seat of government. 5. No Judge shall preside in the trial of any cause in the eveot of which he is interested, bas been of counsel or is coocected with either party, affinity or consanguinity, within such degrees as may be prescribed by law, and io case auy or all of the Judges are dis qualified from presiding in auy cause or causes the Court, or the Judges thereof, sh&U certify the same to the Governor of the State, who sha'l at once commis sion specially the requisite nom be* of men learned in the law for the trial *od determination thereo\ The same course eball be pursued io the Circuit and County Court as is prescribed in this section of cases for the Supreme Court* 6. The Judges of the Supreme Court shall appoint the reporter -.od clerk for said Court, wbo shall bold office for two years and receive such compensation aod perform such duties as shall be prescribed by law. 7. When a judgment or decree is re versed or affirmed by the Supreme Court evrry point made and distinctly stated in writing in (be cause and fairly arising upon the record of the case, shall be considered and decided, and to* reasons therefor shall be concisely and briefly stated in writing and pre served with the records of the case. 8. The Judges of the Supreme Court and the Circuit Courts shall at stated times receive for their services a com pensation to be fixed by law, which sball cot be diminished during their terms of office. They shall not be allowed fees or perquisites, and shall bold no other office of profit or trust under thir State or the United States. 9. No person shall be eligible to the oSce of Judge of the Supreme Court or Circuit Courts wbo is not at the time of hie election a cithsen of the United States, and a qualified voter under the laws of this State, and bas oot attained the age of 35 years, and have practiced raw for ten years. 10. Vacancies in the offices of the Judges of the Supreme Courts and of the other Courts provided herein shall be filled by election herein provided, unless the unexpired term is less thao one year, when they may be filled by executive appointment. All Judges are by virtue of their office conserva tors of the peace. 11. In all cases, decided by the Supreme Court concurrence of two of the Judges shall be necessary for a decision. 12. The State shall be divided into convenient circuite, and for each cir cuit a Judge shall be elected by joint ballot of the General Assembly, who shall bold his office for the term of four years, and during bis continuance in office he shall reside io the circuit in which he is Judge. 13 Judges of the Circuit Court shall interchange circuits with each other io such manner as may be determined by law. . 14. The Court of Common Pleas shall have exclusive origioal jurisdiction in all civil cases and actions ex delictor, which shall not be cognizable before the County Courts and justices of the peace, and appellate jurisdiction io all euch cases as may be provided by law. They shall have oower to issue writs of man damus, prohibition scire facias and all other writs which may be necessary for carrying their power fully into effect. 15. The Court of Common Pleas shall sit in each judicial district io tbis State at least twice in every year, at such times and places as may be appointed by law. It shall have jurisdiction in all matters of equity. 16. It shall be the duty of the Judges of the Supreme and Circuit.. Court to file their decisions within sixty days from the last day of the term of the Court at which the causes were heard. 17. The Court of General Sessions shall have exclusive jurisdiction of all criminal cases not otherwise provided for by law, aod shall sit io each county in the State at least three times during the year. 18. Jndges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law. 19. There shall be in each county a County Court presided over by a Judge, to be elected by the qualified, voters of the county, and who shall hold his office for the term of four'years and who shall receive euch compensation as may be provided by law, and be permitted to practice in the Supreme aod Circuit Courts in cases which have not been he fore his Court. 20. The County Courts shall have exclusive jurisdiction in all civil cases and actions ex delicto where the amount involved does not exceed the sum of three hundred dollars, and in all mat ters testamentary and of administra tion, in business pertaining to minors and the allotment of dower, in cases of lunacy and idiocy and persons oon com pos mentis, and criminal jurisdiction in all misdemeaoors. 21. Procedure in the County Courts shall oo'.iform as near as possible to that of the Circuit Courts : Provided, that the intervention of the grand jury sbali not be necessary and trial juries shall consist of six jnrors. 22. The County Court shall bold its i session every two months in the year for the trial of eauses aod shall be open at all times in matters heretofore de volving upon the Probate Court aad causes in which a jury has been waived. 23. The clerk of the Circuit Court shall be the clerk of the County Court. 24. The sheriff of the county shall attend upon the sessions of the County Courts and serve its process. 25. There shall be in each county a number of justices of the peace, to be prescribed by law, who shall be ap pointed by the Governor of the State for a term of two years, and who shall receive such compensation as shall be fixed by the Legislature. 26. The jurisdiction of justices of the peace in matters criminal shall be that of a committing officer. They shall issue warrants of arrest aod if. upon a probable cause shown, shall commit, to jail or bind over to the proper Court the pattie? charged. In matters civil tbey may try cases at law where the amount involved does not exceed twenty dollars. The night session was given up to the woman suffragists advocates. Ad dresses were made by Miss Clara M. Clay, of Kentucky, Mrs. Virginia D. Young and Mrs. Viola Neblett There was a large crowd present to hear the women talk. Wednesday's Proceedings. The only excitement Wednesday was the Patterson ^solution denouncing The State for its editorial crititism of the misstatemeot of a vote. There were a number of new reso lutions and ordinances introduced, and two committee reports submitted. The Committee on Corporations made a re port and the Committee on Eeclaratioo of Rights George Tillman offered a resolntion providing for the establishment of a whipping post. Several new suffrage schemes were proposed. The declaration of rights as reported and Judge Fraser's resolution for the creation of a court of errors are given below. Mr. Mower, from the committee on declaration of rights, presented the fol lowing article of the constitution, which has, it is understood, been prac tically agreed to by the committee al ready : An ordinance relating to the declara tion of rights. Be it ordained by the people of South Carolina, in convention assembled, and by the authority of the same, that the following provisions shall constitute the declaration of rights to be embodied in this constitution as article I : Section 1. All political power is vest ed in and derived from the people only, therefore they have the right at all times to modify their form of^ govern ment in such manner as tbey may deem expedient when the public good de mands. Sec. 2. All powers not herein dele gated are reserved tothe people nor sball the enumeration of certain rights herein be construed to deny or dis parage others retaioed by the people. Sec. 3. Representation shall be ap portioned according to population. Sec. 4. The General Assembly ought frequently to assemble for the redress of grievances and for making new laws 'as the common good may require. Sec. 5. The General Assembly shall make no law respecting an establish ment of religion or prohibiting the free exercise thereof provided that the lib erty of conscience hereby declared shall not justify practices inconsistent with the peace and moral safety of society ; or abridging the freedom of speech or of the press ; or the right of the people peaceably to assemble and to petition the ^government or any department thereof for a redress of grievances. Sec. 6. The privilr^es and immuni ties of citizens of this State and of the United States, under this constitution shall not be abridged, nor shall any person be deprived of life, liberty or property without due process of iaw ; nor shall any person be denied equal protection of the law. Sec. 7. All property subject to taxa tion shall be taxed in proportion to its value. Sec. 8. No tax, subsidy, charge, im post tax or duties shall be established, made or levied under any pretext what eover without the consent of the peopis or their representatives lawfully as- ? sembled. Seo. 9. No bill of attainder, ex-post facto law, law impairing the obligation of contracts, nor law graotiog any title of nobility or hereditary emolument shall be passed aod no conviction shall work corruption of blood or forfeiture of estate. Sec. 10. The right of citizens of this State to vote shall not be denied or abridged on account of race, color or previous condition of servitude. Sec. 11. The right of suffrage as regulated in this Constitution shall be protected by laws regulating elections and prohibiting under adequate penal ties all undne influences from power, bribery, tumult or improper conduct. Sec. 12. All elections shall be free and open and every inhabitant of this State possessing the qualifications pro vided for in this Constitution shall have an equal right to elect officers and be elected to fill public office. Sec. 13. No property qualification shall be necessary for an election to or the holding of acy office, and no office shall be created, the election or ap pointment to which shall be foc a lon ger term than good behavior. After the adoption of this Constitution who ever shall ?gbt a duel or send or accept a challenge for that purpose, or be an aider or abetter in fighting a duel sball be deprived of holding any office of hooor or trust iu this State and >ball be otherwise punished a* the law shall prescribe. Sec 14. Temporary absence from the State shall not forfeit'a residence once obtained. Sec. 15a The power of suspending the laws or the execution of the law ubali only be exercised by the General Assembly or by its authority in particu lar cases expressly provided fur by it. Sec. IG. Iu the government of this State, the legislative, executive and ju dicial powers of the goveromerit shall be forever separate and distinct from e-*cb other, aod no person or persons ? exercising the function of one of said j departments shall assume or discharge j the duties of aoy other. Sec 17. Neither slavery nor involun-j tary servitude, except as a punishment j for crime whereof the party shall have | been duly convicted, shall exist in this I State. Sec. 18. All courts shall be public and every person shall have speedy remedy therein for wrongs sustained. Sec. 19. The right of the people to be secure in their persone, houses, papers aod effects against unreasonable searches and seizures shall not be vio lated and no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be marched and the person or thing to be seized. Sec. 20. No person shall be held to answer for any crime where the puoisb ment exceeds a fine of $100 or impris onment for thirty days, unless on a presentment or indictment of a grand jury of the county where ?be crime shall have been committed, except in cases arising in the land or naval forces or in the naval militia, when in actual service ic time of war or public danger ; nor shall any person be subject for the same offense to be put twice in jeopardy of life or liberty ; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without dcie process of law ; cor shall private prop erty be taken for public use without just compensation, Seo. 21. In all criminal prosecutions the accused shall enjoy the right to a speedy aod public trial by an impartial jury of the county where the crime shall have been committed and to be ! informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compul sory process for obtaining witnesses in bis favor aod to have the assistance of counsel in his defense. Sec. 22. Excessive bail shall not be required, nor excessive fines imposed, nor cruel aod unusual punishments in flicted, nor shall witnesses be unreason ably detained. Corporal punishment shall not be inflicted. The power to punish for contempt shall not in any case extend to imprisonment in the State penitentiary. Sec. 23. All persons shall before con viction be bailable by sufficient sureties except for- capital offences, when the proof is evident or the presumption great. Sec. 24. In all indictments or pro secutions for libel the truth of the al leged libel may be given in evidence and the jury shall be judges of the law and the facts. Sec. 25. The privilege of the writ of babeas corpus shall not be suspended when in cases of insurrection, rebel lion or invasioo, the public safety may require it. Sec. 26. No person shall be impris oned for debt except in cases of fraud, and a reasonable amount of property as a homestead, shall be exempted from seizure or sale for the payment of debt or liabities, except for the payment of such debt or liabilities as are provided for in this Constitution. Sec. 27. In all civil actions formerly known as suits at common law, where the vaine in controversy shall exceed $20. the right ?f trial by jury shall be preserved inviolate. Sec. 28. A well regulated militia be ing necessary to the seourity of a free State, the right of the people to keep and bear arms shall not be infringed. As in times of peace armies are dan gerous to liberty, they shall not be maintained without the consent of the General Assembly. The military power of the State shall always be held in sub ordination to the civil authorities and be governed by it. No soldier shall in time of peace be quartered in any house without the consent of the own er, nor in time of war but in the man ner to be prescribed by law. Sec. 29. No persons shall in any case be subject to martial law or to any pains or penalties by virtue of that law except by those employed in the army and navy of the United States and ex cept the militia in actual service by the authority of the General Assembly. Sec. 30. No person who has con scientious scruples against bearing arms shall be compelled to do so, but he shall pay ao equivalent for pereooal service. Sec. 31. All navigable waters shal forever remain public highways free to the citizens of the State s,nd the United States without tax, impost, or toll im posed ; aod no tax, toll, impost or wharfage shall be imposed, demanded or received from the owner of any mer chandise or commodit-y for the use of the shores on any wharf erected on the chores or in or over the waters of any navigable stream unless the same be authorized by the General Assembly. Sec. 32. The provisions of the Con stitution shall be taken, deemed i.nd construed to be mandatory and pro hibitory and not merely directory ex cept where expressly made directory or permissory by its own terms. Judge T. ??. Fraser offered the fol- I lowing : "Whenever upon the hearing of any cause or question either at law or equi ty before the Supreme Court it shall appear to the justices of the same, or any two of them, that there is a ques tion of constitutional law or of conflict between the Constitution and laws of this State and of the United States, or the duties and obligations of the citi zens under the same, it shali be the duty of the chief justice, or in his ab sence of the presiding associate justice, to convene a court of errors for the de- j termination of tho same, which court shall consist of all the judges of the Supreme Court and of the Circuit Courts, the decision of which court or a majority of the judges sitting in the same, shall be final aod conclusive : and the chief justice, or io his abseoce, the presiding associate justice, shall also convene the court of errors at the request of any two of the justices of the Supreme court, for the determina tion of any other cause or question to ???m? be submitted to tbem, aod the decisiou of said court, or a majority of tbe jodgee sitting in tbe same, shall be final and conclusive ; and the chief justice, or in his absence, tbe presiding associate justice, shall preside when ever tbe court of errore shall convene." Thursday. The day was wasted in a lengthy and partisan discussion of the Patterson resolution denouncing The State for editorially criticising President Evans' misetatement of a vote. A great many delegates took part in the debate and j as many more explained their votes for or against the resolution. The most notable speech of the day was that made by Senaten- Tillmao. He is reported by tbe State as follows: Senator B. R. Tillman then took the floor. He seemed to be pretty well wrought up. He believed that they were all about agreed tbat this was never a matter for this convention ; tbat it was unfortunate that it it had made its appearance. But if it was unfortunate tbat it bad been brought up, it would be doubly unfortunate if the convention did not act decisively upon it. Look at the men who had spoken on the matter. They were nearly all Conservatives. Politics, was in it ; politics would crop out. Nearly every man who bad spokeo was a law? yer. They make their fine arguments about a vote of confidence, knowing full well bow the outside public will take such action. They try to beat about the bush aod sidetrack the main issue. He was sorry to see that not a single Conservative save two had come squarely out and expressed themselves on the main issue. What was the real issue? Some legally turned minds had talked about it being beneath the dig nity of the convection to take notice of such things. It was not one of those things that you could go and take a stick and frail the man. Then poioting to Editor G-onzales and speaking with all the force and energy he possessed, he exclaimed : "But such methods are beneath the dignity of tbat gentleman over there, who has dished out more malice and hatred and hell fire and damnation in this State in tbe last few years than has come from any mouth? save mine, perhaps." Mr. Gonzales bowed ironically to bim and there was laughter. It was the duty of the con vention to show to him in a plain way that if he came into tbe hall be most behave himself. Mr. Barker rose aod said tbat he de sired to call the member from Edge field to order. He had no right to im pugn the motives of the members of the-convention and inject personalities; be bad attacked the motives of tbe Con servative members 1 Tillman : Well, the truth always hurts. Senator Tillman continuing, said that there was no question here about the freedom of the press. Tbey simply wanted to put members of the presa on notice tbat they muse keep within bounds or else vacate. Were they going to rebuke it? Yes they were going to rebuke it aod there were enough of them to do it. Tbey wound do it de spite what tbe opposition might say. Factional feeling was there. No one could deny it. It was in their hearts. ; He said he would have said nothing if the Conservatives had gone ahead and j shown a disposition to rebuke this thing. ; Hut if tbe Conservatives meant to allow i John Gary Evans, their president, to be insulted, he would chunk them with rocks and draw the lines. Mr. Barker again rose and called the gentleman to order saying that the gentleman should not be allowed to impugn the motives of members of the convention and designate them by pointing his finger at them. President Talbert : In that case I hold that the gentleman is out of or der aod suggest that he prosead in or der. Senator Tillman theo stated that the I convention could not afford to let the j matter be sidetracked now The reso-i lution had to be passed. Tbey all saw ', and heard what took place on Monday, but who would dare say that the presi dent stood toere and flagrantly mis stated the returns. If you pass this resolution, then I am satisfied. The resolution which was adopted by a vote of 123 to 23 reads as follows: Whereas, The State, a newspaper, published in tbe city of Columbia, did on tbe 17th inst., in its editorial col umns, c'ootain the following statement ic reference to tbe action of this con vention in announcing the vote upon the motion to take a recess, when tbe j question as to whether the name Sa- ? luda should be inserted in lieu of But- | 1er in the resolution before the conven- j tion, on the 16tb inst. to wit: 'On a division vote intended to defer Highest of all in Leavening Pow final action on t he matter until Irby's forces couid bo rallied, the president openly and defianaly mistated the re turn of the teller, subtracting two an nounced votes from Irby's side in order that be might -how a majority of one against postponement.*' Resolved, First. That said editorial statement is unsupported by facts, Senator ?r by having announced upon the floor of the convention that the an nouncement of said vote by the presi dent was corree; and as said editorial is a reflection upon the honesty and in tegrity of the president of this conven tion, and an insult to this body, be it. Resolved, Second, That the conven tion desires to express its entire confi i den ce in the integrity, honesty and fairness of our president, the Hon. Jobo Gary Evans, and we do hereby declared the statement in the aforesaid editorial to be nosustained by the facts aod untrue. Resolved, Third, That we consider the editorial in question an abuse of the privilege granted to the press, in admitting its members to the floor of the convention. Among the resolutions introduced was the following by Mr. George P. McKagen : 'That no Secator or Representative duriog the term for which he shall have been elected, ubali be appointed or elected to aoy civil office of profit or trust under the State." The numerous measures introduced j will go before the standing com ttees aod those that are worthy will be incor I porated the committee reports. Friday. j _ _ i The committee reports were impor ' taot aod the Cooveotioo may be said to ! be taking shape. The most important committee re ! port was as follows : Mr. Efird, chairman of the commit I tee on executive department, presented the report of that committee on all the resolutions referred to it, in the shape of the following article of the Constitu tion : j Section 1.?Tie supreme executive t authority of this State shall be vested ! in a chief magistrate who shall be styled "the governor of the State of i South Carolioa." ! Sec. 2 The gDvernor shall be elect ed by the electors duly qualified to vote for the members of the House of Rep resentatives, aod shall hold his office ! for twO years and until his succes ! sor shall be cbosin and qualified, and ! shall be re-eligibls. He shall he elect J ed at the first general election held i under this constitution for members of ! the General Assembly and at each gen j erai election thereafter, and shall be ! installed during the first session of the ! said General Assembly after his eiec I tion on such day as shall be provided I for by law. The other State officers i elect shail at the same time eater udoo * I the performance of their.duties. Sec. o. No person shall be eligible I to the office of governor, wbo denies i the existence of the Supreme Being or ! who, at the time of such election has not attained the age of thirty years, aod who shall not hav;' been a citizen of the United States and a resident of this State for five yean; next preceeding the day of election. No person while gov ernor, shall hold aoy office or other commission (except in the militia) under this State, or any other power at one and the same time. Sec. 4 The returns for every elec tion for governor shall be sealed up by the board of canvassers lor their respec tive counties, and transmitted by mail to the seat of government, directed to the Secretary of State, who sball de liver them to the epeaker of the House of Representatives at the next ensuing session of the General Assembly, and a duplicate of said returns shall be Sled with the clerks of the courts of said counties, whose duty it sball be to for ward to the Secretary of State a cer tified copy thereof, upon being notified that the returns previously forwarded by mail have not been received at his office. It shall te the duty of the Secretary of State, after the expiration of seven days from the day upon which the vote bad beeo couoted, if the re turns thereof fro-n any county bave not been received, to notify the clerk of the court of said county and order a cony of the return filed in his office to be forwarded forthwith. The Secretary of State shall deliver the returns to the speaker of the House of Representa tives at the next ensuing session of the General Assembly, and during the first week of the session, or as soon as the General Assembly sha!! have organized by the election of the presiding officers of the two houses the speaker shall open and publish them in the presence of both bouses. The person having the er.?Latest U. S. Gov't Report Baking Powder