The Union times. [volume] (Union, S.C.) 1894-1918, January 17, 1896, Image 6
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?THE UNION TIMEk
UNION, S. C.
THE RAILROADS WILL FlUUT.
United States Courts Called on to Interfere
In the Matter of
Fertilizer Rates.
It now begins to look as if the issue
between the railroads and tho State
railroad commission over the new fertilizer
rate will have to be fongbt out
in the court, with both sides pushing
cases therein. Tho legal battle over
tho matter promises to be of widespread
interest.
Already tho bondholders of the Manchester
and Augusta road havo declared
war on the late by going before
Judge Simonton and obtaining a restraining
order pending a hearing on
the motion for au injunction against
the commission's enforcement of the
rate. The commissioners say, however.
that no miners have been served
upon them in this ease and if it bus
been begun they know nothing of it.
The eoiumission has received information
that none of the railroads have
put the new rate into effect as required
S>y the official circular. The rate was
promulgated soiuo time ago. It is
stated that nearly all the railroads have
put the new rate into effect as required
by tho official circular- The rate wus
promulgated some timo ago. It is
stated that nearly all the railroads have
refused to give the new rate wh*#i demand
was made upon thciu to do so.
A great many complaints from points
all over tho State Lave been sent int>>
tho commission.
f Tho commission has no other way of
enforcing its decisions than through
the courts, aud the matter has keen
ptit into tho bauds of the attorney
general, who will doubtless make some
move iu tho matter very shortly.
Tho statute law covering tho refusal
of a railroad to comply with tho decisions
of the State railroad commission
requires thut a State court shall
issuo a writ of mandamus, aud that tho
, railroad shall be liable to a tiue of
?M,uuu ior oacii ana every instance ot
rcfiiNiil to obey it.
Attorney General Barber ami his
assistants wero both present when the
railroad men entered their protests
and made their*arguments ngaiust the
reduction of the rate before the commission
and a stenographic record oi
what was said was kept for the commission.
THE TAX SITI'ATIOX.
Wbnt the Comptroller <ieuer.il Haste
Say 011 the Subject.
Comptroller General Norton wat
asked by a reporter for the Columbin
State how ho figured out the probubil
ity of the State tax levy being 10 mills
for the coming liscul year, and thereupon
ho gave tlio following stutcineul
of the situation :
"The levy for 1 891-'95 is P mills,
This money is now in the State treas
ury or in process of collection. TLu
- ? last fiscal year closed -jii Octob* i 01
1895. Tho collections from the I
mill levy for 1891-'95 w ill bo appro
printed by the incoming general assembly
to tho expenses, under tho oh
Constitution, of 1895-"9G, but tindei
the new Constitution 189(5.
"The revenues, therefore, from tin
year 1894-'95 go to meet the appropriu
tions of 1890.
"This fiscal year must of necessity
have two months of 1895, and 12 o
1896, making I I months. It" I > mill:
lire necessary to pay the expenses o:
the State government for 111 months,
what number of mills at the same rati*
will it take to meet the expenses of 11
mouths V There is one-sixth of a yen!
in the extra two months; then 4'. mills
plus 1-C of 4 1-2 equals 5.4 mills. II
is certain that 4 1-2 mills, with the
phosphate royalty diverted to tin; sink'
ing fund anil the dispensary prolits tc
the school fund, will raise not above
$702,000, an insufficient amount for
the expenses of the State. This will
forco a deficiency of fully 1.0 mills,
which would have to bo levied by the
incoming general assembly for the
fiscal year 1 HO7. This will give 1 1-2
pins 1-0 for two months?.Our 5.1 milh
plus the deficiency, 1.0 mills, making
a total for State purposes for ls07 ol
7 mills: and the 0 mills constitutional
lor education, makes 10 mills.
To this must then be added a/,
county expenses, which cannot average
less than 0 1-2 mills, judging from the
past. Uy the graduated tax on incouiet
and a graduated license on occupation!
and business the levy directly on th<
ad valorem valuations can be redan;
below 1 1-2 mills fur 1SD7."
OltAMIK tJt'AICKY IX I?|< IvI.NS
To Kurnisli Stone Itulliist fort lie Soutli
era from Atlanta to Danville.
An important enterprise is being do
Vt'loped four miles west <?f Masley. :m
mediately on the line of the Si otln ri
Jlailwny, which promises to asstum
proportion* that will make it it greiil
In nctit. to tin* people in 111tit vi unity.
About four \\ofkrt ago Ht-vnrly Uroth
or*. of Virginia, comineueed putting
in a plant to open up a granite <ju:trr;>
which will give employment to tun
hundred or no.re hands. They lmvt
now up tun two-story iriinn building,
tho first floor of which in ust 1 for u
store r< 0:11 and tie second i-t' r'. ;<u
sleeping api;i tir.i-nts for the \\t ikim :i.
A kitchen. M.icl.siaitli shopitn l poA.l- i
lioiici) art. also ;j? and oilier 1. : <
"will l?o limit a- oon n* 111 in I m r ecu In
obtained. A heavy trestle \. ik. ??
which 1.11 i.e.no use crusher w ;! it
placed, 1- 1;! 1 ne :ring eompb to n.
Tho lieveihs h.t.c n contra ". r
term of Vt ill's Willi t he Soil tie 1'ot 1
"way to furnish b.dhet for the : .. H
from Atlant 1 t > 1 >un\ lie.
'I'll ' [I in .an s , . M
trying to . o C; tip 1 ' ' ran'. 1 i
jontC't t'l". ' II to . .
uj.urt.
THE NEW
CONSTITUTION
i THK LAW THB PEOPLE MUST
NOW L1VK UNDER.
? ^
Tlio Full Text of South Carolina's
Organic Law as Adopted.
- -
ARTICLE VII.
COtTNTIEK AND COUNTY GOVERNMENT.
See. 1. Tbo general assembly may
establish new counties in the following
manner: Whenever one-third of the
qualified electors within the area of
each section of an old county proposed
I to be cut off to form a new county
I shall petition tho governor for the
! creation of a new county, setting forth
the boundaries and showing eomplii
mice with tho requirements of this nr
tide, the governor shall order an ? lection,
within a reasonable time thereI
after, by the qualified electors within
i the proposed area, in which election
they shall vote "Yes" or "No" upon
the question of creating said new
county ; and at the same election the
I question ol" a name and a county seat
! for such county shall be submitted to
I the electors.
j Sec. 2. If two-tliirds tf thequalilied
< electors voting at such election shall
vote "Yes* upon such questions, then
the general assembly at the next s< s!
siou shall establish such new county:
Provided. No section of the county
j proposed to lie dismembered shall be
j thus cut oil' without consent by a twoJ
thirds vote of those voting in such, see*
| turn; end no county shall be formed
1 without complying with all the condii
tioys imposed in this article. Au elee:
tieu upon the question of forming the
j same proposed new county shall not
! be held ofteuer than oueo in four
j years.
See. 3. No new county hereafter
formed shall contain less than oue one
hundred and twenty-fourth part of the
whole number of inhabitants of the
State, nor shall it have less assessed
i taxable property than $1,500,001) as
shown by the last tax returns, nor
j shnll it contain less area than lot)
; j square miles.
See. 4. No old county shall be reduced
to less area than 500 square
miles, to less assessed taxable property
than S?,000,01)0, nor to a smaller
population than 15,000 inhabitants.
, , Sec. 5. lu the formation of new
I counties uo oM county shall be cut
, within eight miles of its courthouse
[ bail.lino.
' See. 0. All new com.ties lie rej
after formed shall bear a just apportionment
ol' the valid imlebtuess of the
^ old county or comities from which they
havo been formed.
See. 7. The general assembly shall
have the power to alter county lines at
anytime: Provided, That before any
mug county line is altered tin
! question shall be lirst submitted to tin
1 qualified electors of the territory pro
| posed to be taken from one county ami
j 1 given to another, ami shall have re..
; eeived two-thirds of the votes east
Provided, further, That the change
shall not reduce the county from which
| the territory is taken below the limits
i prescribed iu sections 0, -1 and 5 ol
. | this article: Provided, That the propj
i er proportion of the existing county
! indebtedness of the section so trans,
' ferred shall be assumed by the county
to which the territory is transferred.
See. H. No county seat shall he rej
moved except by a vote of two-third*
. of the qualified electors of said county
, voting in an election held for that pur;
, pose, but such election shall not bo
| | hehl in any county oftener than once
I in five years.
See. ft. Each county shall constitute
| one election district, and shall he a
; body politic and corporate.
Sec. 10. 'The treucrnl assemble ninv
provide for the consolidation of twi
?>r more existing counties if a majority
. of the qualified electors of such conn
ties voting at an election held for thai
purpose shall vote separately therefor,
. ; but such election shall not be held
t , oftener than once in four years in tin
I ; same counties.
Sec. 11. Kuch of the several townI
i ships of this State, with names and
, , boundaries as now established by law,
, j shall constitute a body politic and corporate,
but this shall not prevent the
gem-rnl assembly from organizingotin i
, townships or changing the houminrie.I
i of those already established: and th>
'general assembly may provide sucl:
system ?>f town i.ip g<>\i-rnim nt as il
shall think propi r in ar v and all tlx
counties, ami may make special provisi
ion for municipal g -vcrument and foi
the pi' toetloii of ehartercd rights and
1 ]>o\\i TS < ( llillllli ij a.ltil-S.
i S. r. 1_'. I * fit: I < !.;.11^.-.1 1 y the " !:
t-rai iif-i Mil'Jy. a. niloui tJ hv this C ' >ii.
.--tit; t: ?fi tin .i.-lafii s >1 t!.? mv Mil
cusiitii*' .-hail ri-muin as i:o\v ratal"
'inho i. ' xcr}?t that t '"" luMinilnrif s of
th" cn.iMy ?-i iMy< i i shall ::u I< ::r?i
s :<-!i < l.tmyi s as- ur niuili- js?-ssury i?y
tin- ' r* .utinii i'! a iirw county from a
port: ?ii i?! Ililp-i !' hi, t ? lie known us
Salmla. 1 !. la :u ii s < : w Iiich art --i-t
forth a Constitutional ordinance,
i hi h 1! i 11 i ; ii : - 11 in sal -1 oiali nil lire
t. r : of . - M-ut alutll
l.i I.. !'l 'ii.hr tin' c?.u-.?itntioii mid
lav, i ii'. v -I f< i Ami tin* o?-in-riil
as-i'.i.hl\ h'.il provi for the
lin ;.t < : i i i rty in the county
Sah.i'.a ! i' !. 'ul y nr I? ?./?!?I?iI.q
Jniiunrv 1st, . nti i i r tint cullcc
1 ti??:i of Miiil laxcH when n- oil,
Si ii !. >"i l.i rul a-si l.ihly may
. :d ntij : ...- ' . tiif tnriottM coiim
1 ti- I * 11 1 !.'| c V. :1s. mid |[.t(
: 1
i unty i]vii'u, may mi-'
" ami pi - i < I i . i ' u i t ait - i
1 th i ' . i-.iit-t * .n iii\
I .
Sec. 14. Hereafter do county lines
shall bo so established as to pass
through uuy incorporated city or town
of this State.
ARTICLE VIII.
MTTNICITAL CORPOHATION8 AND l'o" TQ8
UEOl'LATIOXs.
Section 1. The penctal assembly
shall provide by general laws for the
organization and classification of municipal
corporatiooH. Tho po\\?rs of
cuch class shall be defined so iliut m>
such corporations shall have at y pow
era or be subject to auy rest, ictiona
other than all corporations of the same
class. Cities and towns now existing
under special charters may re-organize
under the general laws of tho State,
and when so re-organized their special
ichnrters shall cease and determine.
Sec. 2. No city or town shall be ori
ganized without the consent of the
majority of tho electors residing and
entitled by law to vote within the district
proposed to be incorporated ; such
consent to be ascertained in the manner
and undor such regulations as may
be prescribed by law.
Sec. :>. The general assembly shall
restrict the powers of cities and towns
to levy taxes and assessments, to borrow
money and to contract debts, and
no tax or assessment shall be levied or
debt contra, ted except in pursuance of
law, for public purposes specified by
law.
Sec. 1. No law shall bo passed by
the general assembly granting the right
to construct and operate n street or
other railway, telegraph, telephone or
electric plant, or to erect water or gas
works for public use or to lay mains
for any purpose, without first obtaining
the consent of the local authorities
I in control of the streets or public
j places proposed to be occupied for any
i such or like purposes.
See. o. Cities and towns may aej
ipiirc, by construction or purchase,
I and may operate water works systems
; and plants for furnishing lights, and
may furnish water and lights to individuals,
lirins and private corporations
for reasonable compensation: Provided,
that no such construction or purj
chase shall be made except upon a milj
jority vote of the electors in said cities
i or towns who are qualified to vote on
I the bonded indebtedness of said cities
[ i or towns.
Sec. (>. The corporate authorities
, | of c?ties and towns in this Stute shall
j be vested with power to assess and j
I collect taxes for corporate purposes,
, j said taxes to bo uniform in respect to 1
I persons and property within tin juris.
| diction of tin- body composing the
I 1.11.1 . J i I
: same. mm ii>i mi! properly except sucu
us is exempt bylaw, within the limits of
I cities iiml towns shall lie taxed for the
[ 1 puymeut. ot debts contracted under nui
tbority of law. License or privileged
tuxes imposed shall be graduated so
! us to secure a just imposition of such
( | tax upon the classes subject thereto.
Sec. 7. No city or town in this Stale
shall hereafter incur uuy bonded debt,
I which, including existing bonded indebtedness,
shall exceed S per centum
of the assessed value of the taxable
property therein, and no such debt
shall bo eroded w ithout submitting the
question as to the creation thereof to
the qualified electors of such citv or
town, us provided in this Constitution
! for such special elections; and unless a
' ! majority of such electors \otiuer on the
t ' question shall be m tavor ot creating
, ' such further bonded debt, none shall
[ ! be created: Provided, that this Miction
. | shall not be construed to prevent the
; issuing of certificates of indebtedness
j in anticipation of the collection of
j taxes for amounts actually contained
or to be contained in the taxes for the
year when such certificates are issued
, and payable out of such taxes: And
i provided, further, that such cities and
towns shall on the issuing of such
, bonds create a sinking fund for the re(
demptiou thereof at maturity. Nothing
herein contained shall prevent the
, issuing of bonds to an amount sullicieiit
to refund botulcd indebtedness existing
at the time of the adoption of this
Constitution.
( See. 8. Citiesand towns niny exempt
p from taxation, by general or special
ordinance, except for school purposes,
manufactories established within their
limits for tivo successive years from the
| time of the establishment of sucliman,
ufactories: Provided, that such ordinance
shall be tirst ratified by a ma
jority of such qualified electors of such
I city or town as shall vote at ui> election
held for that purpose.
1 See. t>. No armed police force or
; representatives of a detective agency
. ' shall ever bo brought into tlu^ Statu
k for tho suppression <>t dmni -tie vjo!
letiee: nor any other armed or unarmed
I body of men be brought in for that
J ' purpose, pt upon the application
' of ihe g? m-rnl ns.-i tubly or o! the ex|
ecntive of this State ah" n the g- neral
assembly is ?; .t m session, as proi
1 viileit j u t lie ('??n.-tit at ion < ! t lie I ni ted
States. 1 'he : < ner.d assembly shall
pruvi to proper penalties fur tin.- enforcement
of the pri visions of *his
flection.
S. !<>. It shall 1" the duty of the
' gem ral 11.--1 :nblv t > create boards of
, health wherever they may bo necessary.
giving to tie in power ami authority
to make - neh regulations us shall
, protect tin h a!t!i oi the community
St'<\ 11. IIt the vcrriSO <1 t!:* Jii>liee
jxihiT the netiil ukfc.? !:.l / 11
have tii#* rijjht to |>r !.il.it tin- limiiu1'ncl
:irc* ui.?l Milt; niel l'.-tiiil ol itlft>l)oiic
ii<j!i r- or l?t veriiee-t within tin: State.
I I.?: /> !.> ral n--.enthly may license jters.'ns
or ' >r|i.-iutions to iimntifietnrc
1 a;. I -1 iI a: I r? t:iil nle holie l..;;or< <-r
tu vi iit^i". v it!i: t Ji.r Slate tllt'lff Mielt
r t!? hi. In iri'titii.s n i it ih :.: ? ] rojt
r; or t! ? rat avemlilv may ]>roli11
.t tin* i:nr tfiiot:11 ami m!i' ami ri ,
titil ol itlet holie li.Mitii ami In t r.t;.;t)S
within lit > 1 : . : *i?I v:f.} t >r,/e
, I nn?t frnpowtr thu State, count} unci
i. ia u a tin, a! ojlii't i , nil t>r ? it her, unit r
j I 1 ! unlht.i ity in. 1 in tin* inn of tlin
i *~>t?tt , to iniv in in j n. .: 1. t Hint rt t til
within the State Inj'.'.crti nail ItNera^ea
in (such packages nod quantities, uuder
suck rules and lobulations, hh it
deemsexpedient; Provided, that no license
shall be grunted to sell alcoholic
beverages in less quaiititiea than onehalf
pint, or to sell them hot ween sundown
ami sunrise, or to sell them to be
druuk on the pre mines: Ami provided,
further, that the general tiBseuibly
shall not delegate to any municipal
corporation tlio power to issue licenses
to sell the same.
Sec. 12. All prize-fighting is prohibited
in this State, and the general assembly
shall provide by proper laws
for the prevention and punishment of
the same.
ARTICLE IX.
CORI'OBATIONS.
Section 1. Tho term corporation as
used in this article includes all associations
and joint stock companies having
powers and privileges not possessed by
individuals or partnerships and ex!
eludes municipal corporations.
Sec. 2. No charter of incorporation
' shall be granted, changed or amended
by special law, except in the ease of
i such charitable, educational, penal or
reformatory corporations as may be
under the control of the State, or may
be provided for in this Constitution
but the general assembly shall provide
bv eeneral laws for elmiioinir or amend- I
mg existing charters, and for the organization
of all corporations liere:
after to be created, and any such law
j so passed, as well aw all charters now
| existing or hereafter created, shall be
subject to future repeal or alteration,
provided, that the general assembly
may by a two-thirds votcol each house
on a concurrent resolution allow a bill
for a special charter to bo introduced,
and when ho introduced may pass the
same hh other bills.
Sec. .'1. All railroad, express, canal
and other corporations engaged in
transportation lor hire ami all telegraph
and other corporations engaged
in the business of transmitting intelligence
for hire are common carriers in
their respective lines of business, and
are subject to liability and taxation as
i such. It shall be unlawful for any
such corporation to make any contract
I relieving it of its common law liability
or limiting the same, in reference
to the carriage of passengers.
See. 4. Every corporation organized
or doing business iu this State, other
than religious, educational or benevo- i
lent associations,shall have and maintain !
at least one agent iu this Stato upon |
whom process may bo served, and at j
least one public office for the transae- !
tion of its business. Provided, This
[ section shall not apply to mercantile !
corporations: Provided, That nothing
contained in this section shall be coui
strued to prohibit the general assem|
bly from providing for the service of
process on any agent of a corporation
so as to bind such eoporation.
See. 5. No discrimination in
charges or facilities for transportation
of the same classes of freight or passeugcis,
or for the transmission of intelligence
within this State, or coming
from or going to any other State, shall
j be made by any railroad or other
i transportation or transmission compa
; ny between places or persons.
Persons and property transported
j by any railroad or any other trauspor.
tation or transmission company or eor;
porntiou, shall bo delivered at any
; station, landing or port at charges not
| exceeding the charges for the transI
portation of persons ami property of
| the same class, in the same direction,
' to any more distant station, lauding
i or port. Excursion and commutation
I tickets may be issued at special rates.
, This section shall not prevent the rail|
road commission from making such
j competive rates us shall, in their judgi
meut, be just and equitable between
the railroads and the public, at all
junctional and competive points or at
points where water competition controls
the trnfhc or at points where the
. competition of points located in other
States may make necessary the prej
scribing of different rates for the proj
fection of the commerce of this State.
Sec. G. Any railroad or other transI
portation corporation, and any telegraph
or other transmitting corporation,
organized under the laws of this
State, shall have the right to connect
j its roads or lines, at theStu'.^ line, with
j those in other States, and shall have
1 !,.? I ... ?
I '"ir-cc viusnunj
j other railroad, street railway, transportation
road or transmitting line,
; and shall each receive and transport
the freight, passt ::vTs, car> 'londrdor
empty) and me sages d> \? red to
it l".y another without delay or discrimination.
See. 7. No railroad, or other trans;
portation company, and no telegraph
: or other transmitting corporation, or
! the lessees, purchasers or managers of
. auy such corporation, shall consolidate
I the stock, property or franchises of
' such corporation with, or lease or puv!
chase the works or franchises of, or in
any way control, any other railroad <>r
1 other transportation, telegraph or other
j transmitting company owning or havi
ing under its control a parallel <>r eomI
peting lint ; and the ipiestion win tin r
railroads or other transportation, tele'
graph or other transmitting companies
are parallel or competing lines shall,
i when denmmh <1 by the party complainant,
be decided bv a jury as in
other civil ca ises.
s 'I'm ^..i .... .. i.'.. -1 n
: not ^rant to any foreign corporation
; t?r association u license to build. 0111 rnte
or lease any railroad in tin- State;
. but in all cases win to :v i iirou<l is to
j be lmilt or operated, < r is now in ii;^
, operated. in Ihis State, tin11 t!i" a:'1
hull In1 partly in this Stan1 tl j [,.? : i
I in another State, or in otht r S.t1. ?,
j the owners or j.roj-efo: th r<of hull
lirst bccomo incorpornt <1 under ti.
laws of tiiis St.ite: in : shall anv P r
ei^li corporation ?.r a-k<c>n ! ie < or
operate any railroad in \: ; S!?it? , <
pureha t lie same or any int r? t !'
in. ('oi:-' Siilatioii ? !'an% milrom 1 lin and
corporations in tiiis State with
others shall he allowed only where the
j consolidated company shall become a
domestic corporation of this State. No
general or special law shall ever bo
passed for the benefit of any foreign
eorporatiou operating a railroad under
; an existing license of this Stute or uu!
der any existing lease, and no grant of
! any right or privilege and no exentpI
tiou from any burden shall be inado to
any such foreign corporation, except
upon the condition that the owners or
stockholders thereof shall first organize
a corporation in this State' under
the luws thereof, and shall thereafter
operate and manage the same and tho
business thereof under said domestic
charter.
&ec. y. I lie general assembly shall
have no power to grant any speciul
ebarter for bankiug purposes, but corporations
or associations may bo formed
for Bucb purposes under general
laws, with each privileges, powera and
limitations, not inconsistent with tliia
Constitution, as it may deem proper.
Tlio general assembly shall provide by
law for the thorough examination and
inspection of all bunking and fiscal
corporations of this Htute.
Sec. 10. Stock or bonds shall not
I be issued by any corporation save for
labor done, or mouey or property
actually received or subscribed; aud
all fictitious increase of stock or indebtedness
shall bo void.
Sec. 11. The general assembly shall I
provide by law for the election of directors,
trustees or managers of all
corporations so that each stockholder
shall be allowed to cast, in person or
by proxy, as many votes as the number
of shares be owns multiplied by the
number of directors, trustees or managers
to be elected, tho same to be east
for any one candidate or to be distributed
among two or more candidates.
See. 12. Corporations shall not engnge
in any business except that specifically
authorized by their eliarters or
necessarily incident thereto.
See. 13. The general assembty shall
enact laws to prevent all trusts, combinations,
contracts and agreements
against the public welfare; nnd to prevent
abuses, unjust discriminationsand
extortion in all charges of transporting
and transmitting companies; and
shall puss laws for the supervision and
regulation of such companies by commission
or otherwise, and shall provide
adequate penalties, to the extent, if
necessary for that purpose, of forfeiture
of their franchises.
Sec. 14. A commission is hereby es- '
tablished to be known as "the railroad j
commission," which shall be composed
of not less than three members, whoso ;
j powers over all transporting and trans- !
mitling corporations, and duties, man- j
uer of election and term of ollice shall
i he regulated by law; and until other- j
| wise provided by law the said commis- ,
sioners shall have the same powers and
[ jurisdiction, perform the same duties
j and receive the same compensation as
now conferred, prescribed and allowed
by law to the existing railroad commis- j
sioners; provided, that the members j
thereof shall be elected at the expira- J
tiou of the terms of the present railroad
commissioners, who are hereby
continued in ollice for the terms for
which they were elected.
Sec. 15. Every employee of any
railroad corporation shall have the
same rights and remedies for any injury
suffered bv him from the acts
or omissions of said corporation or its
cxployees, as are allowed l>y law to
other persons not employees, when the
injury results from the negligence of a
superior agent or ollicer, or of a person
having a right to control or direct
the services of a party injured, and
also when the injury results from the
negligence of a fellow servant, engaged
in another department of labor from
that of the party injured^ or of a fellow
servant on another train of care,
or one engaged ahout a different piece
of work. Knowledge by any employee
injured of the defective or unsafe
character or condition of any machinery,
ways or appliances snail be no
defence to an action for injury caused
thereby, except to conductors or engineers
in charge of dangerous or unsafe
ears or engines voluntarily operated
by them. When death ensues
from any injury to employees, the
legal or personal representatives of the
person injured shall have the same
right and remedies as are allowed by
law to such representatives of other
persons. Any contract or agreement,
expressed or implied, made by any
employee to waive tin- benefit of this
section hall be null and void; and |
this s< etion shall not be construed to
deprive any cmployeeof a corporation,
or his legal or personal reprt-entativo,
of any remedy or right that he
| now 1ms by the law of the land. The
I general assembly may extend the rem
| edies herein provided for to any
other class ur employees.
Sec. 10. All cxiating charters or
grunt* of corporate franchise under
which organizations liuvu not in good
i faith taken place at the adoption of
j this < (institution shall ho subnet to
i tLit provisions of this article,
i Sec. 17. The general assembly si.nil
j in w r r? in it the f.irfeitnreof the fraui
ohisc of any corporation now charj
tcrcd, nor alter nor amend the charter
j thereof, jn.r pnss any general or speeini
law for the benefit of such i'orp
.ration, except opon the. condition
| that fetich corporation shall thereafter
hold its charter and franchise subject
to the provisions of this ('(institution,
and the acceptance l>y any corporation
of any provision of any such laws or
; the taking of any benefit or advantage
' from tin same shall bo conclusively
' ft ! i it:i agreement by such corporation
to hold its ci'arb r and franchise under
1!.< provisions of thia article.
S- e. The ite< khoiders of nil ins.
.,? t < rporatioiiH shall be indi vidii.u'\
ballet i!:< creditors thereof only
!o (. r\ c., i f 1 lie : ; Iiouilt l'eiuai (ling
h t! coi'i i,1 i u upon tlie slock
i owned b;, tf .i : 'ro'ideil That stockhold
tt in bunks or banking institu*
' ti -is shall 1 t liable to d< posi' >r
therein in a sum equal in amount tc
their stock over and above the face
value of the same. -
Sec. 19. Nothing prohibited in this
article shall be permitted to be done by
auy corporation or company, persons
or person, either for its or their own
benefit or otherwiso, by its or thoii
holding or controlling in its or theii
own name or otherwise, or in the nameof
any other person or persons, or other
corporation or company whatsoever,
a majority of the capital stock, or ot
bonds having voting power, of any railroad
or transportation company, or
corporation created by or existing under
the laws of this State, or doing
business within this State.
Sec. 20. No right of way shall be
appropriated to the uso of any corporation
until full compensation therefor
shall bo first made to the owner, or secured
by a deposit of money, irrespective
of any benefit from auy improvement
proposed by such corporation,
which compensation shall bo ascertained
by a jury of 12 men in a court ol
rocord, as shall be prescribed by law.
See. 21. The general assembly shall'
enforce the provisions of this article by
approprite legislation.
[CONTINUED NEXT WEEK.]
CKN. M. CTHUTLKR.
He Will Hereafter Hostile in Washington
t'lty.
'"It. iVI. Ij.," writiug from Washington
has this to suy, which will be of
interest to South Carolinians:
Ex-Senator M. C. Butler, like many
other men who have had experience in
Congress, has become infatuated with
Washington, and is just now receiving
the congratulations of his friends in
consequence of his appointment as a
special attorney to represent the
Cramps' ship-building establishment in
this city. (leu. Butler for mauy years
was a member of the Seuuto committee
on naval alVairs and he has had a wide
experience in connection with the
ship-building industry, so that his selection
to represent tho Cramps is regarded
as a practical business proposition
from every point of view. It is
understood that ho is to receive a
compensation equal to that of a United
States Senator, and what is moro desirable
to him, ho will he able to retaiu
his residence in Washington. It is
said that since his defeat for re-eloction
to the Senate by Senator Tillman
he has retired from active politics, and
will henceforth devote his best energies
to his law practice aud the interests of
the Cramps. Since Geu. Butler retired
from the Senate it was reported
that he would engage in private business
with Senator Don Cameron, his]
boon companion and perpetual "nair'M
when ft member of the Senute. Thei
engagement with the Cramps disposes
of that report, but it does not in any:
manner interrupt the cordial relations,
existing between the Senator from.
Pennsylvania and his South Carolina
< hum.
Tragedy at a Dunce.
Garvin Allen, a young man in the
employ of .T. O. Bench a grocer of Augusta,
(in., met his death in a mysterious
manner at a dunce four miles
beyond Hamburg, in South Carolina.
The facts in the case are meager. Allen
and James P. Gaddis, graduates of the
Georgetown Law school, of Washington
city, and recent arrivals in the
city, upon invitation of Bob Wilson,
got in a haek and went to the dance,
at tho place mentioned. Allen was
shot to death during the progress of
the dance, by whom is not known.
His body was carried to Augusta by
Gaddis and the hack driver, both of
whom were drunk, and told incoherent
stories. Wilson is supposed to be tho
murderer, but has escaped.
A Clilckitniaugu .Monument.
Tho General Assembly will be asked
to innke iiu appropriation for the erection
of a suitable monument to tho
Confederate dead from this State oil
the battlefield of Chicauiauga. It is
estimated from tho bids that have
been received that tho style of granite
monument that in desired will cost
about $10,000, and that amount will
probably bo asked fo.r from the State.
There is also to be an application
for an appropriation for the publication
of tho Confederate rolls and it is
of tho most vital importance from a
historical standpoint that this be done
I at once.
TIIK MOHtiAN SYNDICATK.
I
i Will Probably <iot tlie K at I re $1(K),OIKI,<)<><>
Ihinds.
A -uli-.Til'ing iicmlii r ! th" .i. Pierpont
Morgan syndicate gives the following statem?
nts:
The syndioai*- < \t "ets t-> secure the entire
5100,000.000 four per rent, hotels wlueli are
In; sold l>y tho Treasury on February 5th.
Mr. Morguh will hid for the entire issao and
i-XpeetH to he awarded the entire -f 10",(100.<i(M).
lie will take all <>r none. TP. reason
for Mr. Morgan's eoMtlileie'o of entiresueee-s t
is that in* will wake an offer so advantageous
that no other proposition ? an stand in his
way.
This offer is to pur !:a tin- entire ?100.000.000.
paying prim ipal and premium in
gold, and in addition l am - long an amount
in gold eipial to one-third of the issue, or
:i.n.in e.vhange l >r greenhaeks.
I '! Ii?i piY'Titm.'iit K"l'l r'-i-rv will 'In:--not
uiiy hroiiftht up to tli?* I liir.it
; ! :> will Iriv i ji larao .-iirpliiy for i'.s protorItif
>11.
'i It" pri< < \vlii>'li tin* i-viola-ato will offor i->
not i-\:ii'tly known hy anyone iio.-itlo Mr.
Morgan. It will In* ?11i?I? r;?' 1 y mmo than
tli" 1(1!1 _ pai*I la-t I I'rnary. Tils low
p ftii i it id was paii I (" ail.-" of t!in piovision
in trontrip't compi'lHinr tin- - vnili'Mto to
| r- i th" Trcnxiry r< -i-rvc. No y . (; coiiir:i"l
wiil I ?? ma lo t'i-. time. Therefore a
i higher prioo will I I. 'J in* Mfcare h hej
ii- v I to I'f 10S.
i I'lli- .-yn?Ii-*Jt? i - now an. ilatii.o ynhl
I from every available air Members o(
| tp -ynli'-ato will I"* lit iiherty to make iuJ
dlvliltml bids Ik'hIiIcs ih" nyniliraln hid,
Tl in is tlio 'ate of Hairs, The position
v ill j r-ii-alily iioltl onto IVi-roary ."ah withI
out any I'tiiinitn of iniporliuit (retails, Tim
! I * r i lots! a Ml S Cf ti , tllM Treasury havo
j no a i an tit. private or pnlili*, iihtlio
! .:i!i at -. In-- ! no.. It what am
' Mr. Mor'.at'-ii.t niiions j;>; | knew it when
the puhli* all w.is i? sio'il.