Newspaper Page Text
VOLUME XI.-NUMBER 1883.
CHARLESTON, THURSDAY MORNING, JANUARY 18, 1872.
EIGHT DOLLARS A
THE DAW OF DAT.
JP ATORARIA DECISION OF SUFREME
COURT IN THE KU-KLUX CASES.
Snr prise of thc Administration Counsel
-The Uneasiness In Official Circle?-It
fa Determined to . Evade, If Possible,
the Blain Question-An Interesting
[SHOAL TELEGRAM TO TEB, Ni WS. j
WASHINGTON, Monday, March 25.
The decision of the Supreme Court on the
mo: lon of Messrs. Johnson and S tannery for
writs of habeas corpus and certiorari, In the
case of T. Jefferson Greer, one of the convict?
ed South Carolina Ku-Klux, was delivered to?
Toe court decided to grant the motion, and
.ordered the writs to issue, making them re
tjiroable on the 8th of April, and setting the
case for argument on the 12th of that month.
. The decision of the court was something of
a surprise to the counsel for the government,
who confidently expected a denial of the
It is stated that every eficrt will be made,
on the part ot the government, to defeat the
presentation of the question upon Its merits
when it comes up for argument. There ls j
great dread of the result of an Inquiry, be?
fore the Supreme Court, Into the constitu?
tionality cf the Enforcement or Ku Klux law,
and every opportunity will be sehwd of evad?
ing that issue. There is, also, a marked dis
position tn official circles to avoid any exami?
nation of the proceedings of the Circuit Court
in the Ku-Klux cases. AD Interesting discos- I
alon 13 anticipated when the next move shall j
?be made. PALMETTO.
WASHINGTON NEWS AND GOSSIP.
Resignation of Minister Curtin-The
Tea and Coffee Duty-Air. Sherman tn
a (fcaa-ndary-Failure of the Civil
WASHINGTON, March 25.
Governor Curtin, the minister to Busala,
It is stated that the -secretary of State has
sent an energetio note to Madrid, protesting
.against the Spanish treatment of Dr. Howard.
Vhe British and American Claims Commis?
sion met, and without deciding any cases ad?
journed until Thursday next. It ls understood
there will be very little business of Importance
bet?re the commission until next fail. They
will meet accordingly, bnt a few cases only
wiil be heard upon their merits belore the
adlournment over lor the summer.
In the Senate/after unimportant business,
the unfinished business, being the tariff bill,
came up, when Mr. Cbander moved to lay lt
on the table for to day,' in order to proceed
with bills frqm the Committee on commerce.
Mr. Sherman said he did not know exactly
what to do about the tariff bili, In view of the
action of the Senate on Friday last. The
question was whether lt ?would be well to
await now the tariff bill of the House, and to. J
take up and pass the House bili to repeal the
tax on tea and coffee, In view of the uncer?
tainty which prevailed in business circles; for
on Friday he had read letters and telegrams
from forty leading commercial houses and or?
ganizations asking the meaning of the action
ot the Senate.
A bill was introduced to contract and aid In
rebuilding the levees on the Mississippi River,
and for other purposes; also incorporating the
Mississippi Levee and Telegrab Company, with
a capital of ten million dollars; also to con?
struct a levee and a line of telegraph from
Girardeau, Missouri, to Fort Jackson, Louisi?
ana, on both side1? of the river, free from State
taxation, and with a large grant of twenty
five sections per mile along the line of said
In the House the bill for bridging the Ohio,
near Evansville, passed. The bill for the Gulf
steamship service between New Orleans and
certain Mexican ports, passed. A motion to
suspend the rules and pass the supplemental
civil rights bill tailed, yeas ninety-eight, nays
aeveniy-elgbt; not two-thirds. The bill comes
up again next Monday.. The bill authorizing
the building of the Mexican Gulf Ballway was
THE INTERNATIONA!, SOCIETY.
Nsw YORK, March 25.
At a meeting of the International Society a
letter was read from Switzerland reporting
that two hundred and seven glass-blowers
were discharged because they were Interna?
tionalists. A speaker announced that he had
been discharged irom a lithographic establish?
ment for Internationalism. . Subsequently the
whole force quit work. The printers of To- !
ron to sent a dispatch asking the privilege of
Joining the society. One speaker deprecated
making a political thing out of the organiza?
THE NATIONAL DEMOCRATIC COM?
WASHINGTON, March 26.
The National Democratic Committee meets
early in May, after the meeting of the Cincin?
nati Convention, to fix the time and place tor
the holding the National Democratic Conven?
tion. The time win probably be the fourth of
July, and ihe place St. Louis. "
THE WEATHER THIS DAY.
WASHINGTON, March 25.
The barometer will continue falling from
the lower lakes to North Carolina and east
ward to the Atlantic. The area of rain will
extend northwestward over the New England
States during to-night. Rising barometer,
northwesterly winde and clearing weather
will extend from the upper Mississippi Valley
eastward over the upper lake region to the
Ohio Valley 8nd Western Pennsylvania, and
over the Southern States very generally dur?
ing to-night and on Tuesday morning, and
over the Middle States on-Tuesday. Danger?
ous winds are not anticipated for the Atlantic
and Gulf coasts.
Yesterday's Weather Reports of the
Signal Service, U, S. A.-4.47 P. M.,
Cn arlee ton.
Key West, Fla..
30 0 <
NOT*.-The weather rer.oro dated 7.47 o'clock,
Lola morning, will be posted In the rooms of the
unamber of Commerce at 10 o'clock A. M., and,
gtogether with the weather chart, may (by the
"-courtesy of the Chamber) be examined by ship
?ssstera at any time daring the day.
THINGS AT THE CAPITAL.
The Pari m Ball-Joe Crews In the
Field-All Quiet at the Statehouse-A.
Brace of Stabbing Affairs-Greenville
Railroad Track Washtd Away.
[SPXCIAL TELEGRAM TO THE NEWS ]
COLOMBIA, March 25
The Purim Ball was a magnificent affair,
notwithstanding the rain which has been
pouring down for twenty-four hours. Three
buudred pereons in costume were present.
Joe Crews is reported to be making a start
on the projected Laurens and Asheville "Rail
At the Statehouse matters were .never
There were two Blight stabbing affrays this
The river ls high.
Fifty feet of the Greenville und Columbia
Railroad track were washed away to-night
near Pomarla. A train was sent up, and
brough the passengers to this city. The dam?
age was not serloue. SALUDA.
THE SOUTH CAROLINA LICENSE LAW.
Is lt Unconstitutional ?
EiNOSTREE, S. C., March 25.
TO THE EDITOR OF THE NEWS.
Having observed by the papers that the
question of the constitutionality of the recent
liceose law is soon to be brought before the
courts, I propose to nake a few suggestions,
with your permission, which I hope may be
of some service to those who may be engaged
in preparing the case for formal presentation
to the court.
Judge Cooley, ot Michigan, In his excellent
treatise on Constitutional Limitations, page
"Ia considering the powers which may be
exercised by the legislative department of
one oi the American States, lt ls natural (hat
we should rec (tr to those possessed by the
Parliament ot Great Britain, alter which, in a
measure, the American Legislatures have been
modelled, and which we derive our legislative
usages and customs, or parliamentary com
mon law, as well as the precedents by \ 'blob
legislative power in this country has been
?governed. It ls natural, also, that we should
?cline to measure the power of the legislative
department In America by the power of the
like department in Britain, and to concede
without reflection that] whatever the leg?
islature of the country, from which we derive
our laws, could do, might also be done by the
department created for the exercise of legisla?
tive authority in this country. But to guard
against being misled by a comparison between
the two, we must bear in mind that the Im?
portant distinction already pointed out, that
with the Parliament rests practically the sov?
ereignty of the country, so that it may exer?
cise all the powers of ?he government If lt
wills so to do; while on the btber band the
Legislatures of the American States are not the
sovereign authority, and. though vested with
the exercise of one branch of the sovereignty,
they are. nevertheless, In wielding lt, hedged
in on all sides by important limitations, some
of which are Imposed In express terms, and
others by Implications which are equally Im?
The author of the above extract next goes
on to point out more particularly and definite?
ly the powers of Parliament, and, also, to
Bhow very clearly that it ls a mistake to sup?
pose that tbe American Legislatures are vest?
ed with similar powers, for the reason that
they are all controlled by written constitu?
tions. But the common Idea is that a Legisla?
ture, even In this land of written constitutions
is all powerful to enact any law lt pleases,
unless stich law should be In conflict with
some express or plainly Implied provision of
the constitution., Ch. J. Redfield, of Vermont,
discourses on this point as follows: "lt has
never been questioned, so far as I know, that
the American Legislatures have the same
unlimited power In regard to legislation which
resides In the Brinah Parliament, except
where they are restrained by written oonstltu
tlons. That must be conceded, I think, to be
a fundamental principle In the political organ
zatlon of the American States." (Thorpe vs
Rutland & Burlington Railroad Company, 27
Vt., 142.) Ordinarily, this ls true and the cor?
rect doctrine, but I doubt if lt be true or.correct
In South Carolina under the present constltu
In one respect, at least, South Carolina now
has the most peculiar constitution of any one
of the American States, so far as I have exam?
ined them. In a government of enumerated
powers, such as the Government of the United
States, it waa exceedingly wise and proper
that the tenth amendment (to wit: "The
powers not delegated to the United States by
the constitution, nor prohibited by it to the
States, are reserved to the States respectively
or to the people,) should have been adopted
In the South Carolina Constitution, now the
fundamental law of the State, there is, strange
.to say, asimilar provision. It may be found
In Sec. 41, Art. I, in these words : "The ena
nie rat ion ot rights in this constitution shall
not be construed to Impair or deny others re?
tained, by the people, and all powers not herein
delegated remain with the people."
( Now, the ordinary rule ol practice ls where
lt 1B alleged that any particular act ls uncon
stltutlonal, to require him who makes the al?
legation to point out the clause of the con?
stitution which forbids such a law; whereas,
under the present constitution, I lake, lt, the
rule will be somewhat reversed, and require
those who claim the power to point ?ut the
section or clause wherein it bas been delegated.
"?All powers not herein delegated remain with
the people." Where Is the clause of the const!
tutlon which delegates the power to enact a
license law ? This, lt will be observed, ls very
different from the question, where is the
clause which prohibits such a law ? which
would bethe question proper to be propound
ed were lt not for this singular clause in the
constitution. Were it not for this clause,
those who alleged the unconstitutionality ot
the law would be compelled to point out the
clause wherein such a law ls either expressly
or impliedly forbidden, or else tall, on the
general ground stated above that all power
to legislate is lodged wltb the Legislature ex?
cept when restrained by tbe prohibitory pro?
visions of the constitution.
But let us now turn to the constitution and
see what powers are delegated as to the im?
portant question of taxation. Remember
that the powers not delegated remain with
the people, that ls to say the Legislature can?
not enact any particular law unless the power
so to do has been delegated, either expressly
or by necessary Implication. The constitu?
tion, in its several clauses upon the subject,
is as follows:
Article I, Section 36: "All property subject
to taxation shall be taxed in proportion to Its
Art. 2, Sec. 33: "All taxes upon property,
real or personal, shall be laid upon the actual
value oi the property taxed, as the same shall
be ascertained by an assessment made for the
purpose of laying such tax."
Art. IX, sec. 1: "The General Assembly
shall provide by law for a uniform and equal
rate of assessment and taxation, and shall
prescribe such r?gulations as shall secure a
Just valuation for taxation of all property,
real, personal and possessory," &c.
Sec. 2 (same Art. :) "The General Assem?
bly may provide annually fora poll-tax, not to
exceed one dollar, on the poll, which shall be
applied exclusively to the public school fund.
And no additional poll-tax shall be levied by
any municipal corporation."
Sec. 3 (same Art.:) "The General Assembly
shall provide for an annual tax sufficient to
defray the estimated expenses of the State for
Art. X, Sec. 5: "The General Assembly shall
levy at each regular session, after the adop?
tion of this constitution, an annual tax on all
taxable property throughout the State for the
support ot public schools. There shall be as?
sessed on all taxable polls la the State an an?
nual tax of one dollar on each poll, the pro?
ceeds of which shall be applied solely to edu?
cational purposes: Provided, That no person
shall ever be deprived of the right of suffrage
tor the non-payment of said tax. No other poll
or capitation tax shall be levied In the Slate,
I nor shall the amount assessed on each poll
exceed the limit given In this section."
From even a cursory reading of these pro?
visions lt will appear that the only subjects of
taxation, as contemplated by the framers ot
the constitution, are property and taxable
polls. No other kind of taxes were even
Lbought of by tbe draftsmen of the constitu?
tion; and while it cannot be said that a license
tax ls forbidden, lt Is more than clear such a
law ls not authorized, and hence, for the rea?
sons already stated, a law imposing such a
tax ls unconstitutional.
In tbe second place, I would maintain the
unconstitutionality of the license tax upon a
ground which I have already discussed In your
columns, to wit: Tbat no object bas been de?
clared to which tbe tax ls to be applied. See
art. IX. Sec 4. which is in these words: "No
tax shall be levied except In pursuance of a
law which shall distinctly state the object of
the same." It ls true an appropriation act
las been passed at the same session which the
Icense law was passed, but this appropriates
the money then in the treasury, together
with that afterwards collected, but all from
the previous levy; whereas ibis license money
is not to be appropriated. That is, no
abject, for lt Is to be stated till the ses?
sion of 1872. Is this not reversing
the plain provision of the constitution? In
3 ther words, ls lt not Btatlng the object in pur
manee of the levy rather than levying in pur
manee of the object previously declared ? This*,
lt seems to me, is too plain to require argu?
ment, and why lt Is that the executive com?
mittee ol the Taxpayers' Convention have not
long before now brought the whole present
unjust svstem of taxation before the courts,
upon this ground alone, If no other, ls more
than I can Imagine. Before an honest judici?
ary, every tax levy made since the new
'egime might have been set aside and declared
But In the third place. Tbls license tax ls
lothlng more nor less than a species of poll or
capitation tax. The constitution, already
quoted, expressly provides that "no other poll
>r capitation tax shall be levied In the State,
lor shall the amount assessed on each poll
?xceed" one dellar. And in the lourth and
ast place, the constitution plainly provides for
mly an annual tax, (see section 3, article 9,
ibove quoted.) The annual taxes which
;he Legislature saw flt to levy for
he fiscal year 1871 have already been paid,
ind they have no right to require other taxes
0 be paid, either upon the same or other sub?
ed?, for the same period of time. The con?
sumion authorizes the Legislature to levy
mnual taxe?, and annual taxes only. The
legislature bas the sight to fix the time at
vtiich the tixes shall fail due. At first. March
ras fixed, but now November the 20th is the
lme thal body bas seen fit to eay that the tax
layer's annual tax shall be paid. The tax
l?ver has paid the annual tax which was
sv'ied upon him and fell due on the 20th No
ember, 1871-therefore he cannot be required
o pay any more taxes, wblch are even in
very other respect constitutional, until the
Oih November, 1872; otherwise the taxpayer
night be compelled,-under the specious plea
hat the Legislature ls all-powerful and may
lo as lt pleases, to pay twt, or three, or even
, dozen taxes in ooe year.
1 throw out these suggestions, ali hough
written In the midst of omer pressing duties,
nd, therefore, not in the style In which I
night under other circumstances have pre
ented them, hoping that they may In some
aeasure uld those who are engaged, or are
bout to ecgage, in an effort to teach that
bameful but shameless body of men who an
mallv huddle themselves together In Colum?
ba tinder the once honorable title of "The
leneral Assembly of South Carolina," who
pend their time and the people's money In
oncoctlng schemes for their own self-aggran
llzement, and the ruin and destruction of the
iroperty-bolders of the State, that there ls a
rrltten constitution in the Sute by wblch Its
iretended friends and framers as well as Its
o-called enemies shall be governed, and that
hey will not be allowed to bend and twist
hat constitution Jost when they please to
ult their own party purposes. If some such
esson as this ls not taught these vampires,
ind that soon, the State and Hs inhabitant
viii take their departure in the manner Indi?
cated, though not elegantly, yet laconically,
>y Ramsay, of Sumter, when he voted against
he validating bond bill, to wit: "I votes
gainst dis bill car.se de whole State and ebery
lody in lt is gone np." S. A. M.
THE OLD WORLD'S NEWS.
departure of tineen Victoria for Berlin
-? Row In Cork-K sp artero Nomina?
ted for the Spanish Cortes.
LONDON, March 25.
The Queen has gone to Berlin via Paris.
1er Majesty will decline to receive a visit
rom M. Thiers, and will travel as privately as
There was a disorderly meeting at Cork to
lenounce the International Society. Some
IghtlDg took place.
MADRID, March 25.
Don Espartero, notwithstanding his decli?
nion, has been nominated for the Cortes
ROVE. March 25.
It ls stated that Prince Frederick Charles, of
Prussia,- while here advised the reorganization
>f the Italian army on the Prussian plan.
A TRAIN WRECKED.
NEW ORLEANS, March 25.
A southward bound train on the Mobile and
NTew Orleans Railroad was wrecked by a cul?
vert giving way near Ocean Springs. Several
)aesengers were severely injured, but none
In Its essence and purely for its .own sake,
lays Hall's Journal ol Health, neatness is found
n few. Many a man ls neat for appearance
>ake; there ls an Instinctive feeling that lhere
s power in lt. When a man consults a ph j si
clan or a lawyer for the first time, or comes
0 rent a house, or borrow money, he will
lome In his best dress; a lady will call In her
carriage. A man who means business and
?onesty comes as he ls. Just as you will find
lim In his store, his shop, his counting-house.
?lie most accomplished gamblers dress well:
he most enterprising swindlers are faultlessly
slothed; but countless multitudes are but
vhitewashed sepulchres. Too many "don't
?are, as long as lt will not be seen." Washing
on Allston, the great artist, the accomplished
rentleman. suddenly left his friend standing
it the door of a splendid Boston mansion as
;hey were about entering fora party, because
ie had just remembered ibat he had a hole In
ns stocking. It could not be Been or known,
mt the very knowledge of Its existence made
lim feel that he waa less a man than he ought
,o be; gave him a feeling of inferiority.
As persons are less careless of personal
cleanliness and tidy apparel, they are Infalli?
bly and necessarily less ol the angel, more ot
.be animal; more under the dom!nation ot pas?
sion, less under the influence of principle, bald
1 poor servant girl: "I can't explain what
change religion has made In me, but I look
more closely under the door-mat when I sweep
than I used to." Intelligence, culture eleva
ion, give purity of body as well as purity of
sense and sentiment.
Where you see a neat, tidy, cleanly, cheer?
ful dwelling there you will find a joyous, loving,
nappy family. But ll fifth and squalor, and a
disregard for the relining delicacies ol life pre?
vail in any household, there will be found In
Lhe moral character of the Inmates much that
Is low. degrading, unprincipled, vicious and
disgusting. Therefore, as we grow In years, we
aught to watch -eagerly against neglect of
cleanliness In person and tidiness in dress.
-Relative to the high prices paid to singers
ID America, Barnum claims the championship
for Jenny Lind. He writes: "I paid the
Sweedlsh Nightingale $208,675 for ninety-five
concerts, which gives an average of $2196 per
concert, or $43,920 for twenty nights. I also
paid all the expenses of Miss Lind, her com?
panion and servants from England, and all
their hotel and travelling expenses up to the
last concert, besides furnishing her always
with a private coach and horses." Wachtel is
now paid $30,000 for twenty nights. In refer?
ence to receipts, lt is recorded that there were
received for the ninety-five conow ts given by
Jenny Lind, $712,161 34, on average of $7496 43
for each concert. The largest receipts for ten
nights were respectively, $17,864, $16,479,
$16,028, $14,266, $14,203, $12,599, $12,385,
$12,519, $12,174 and $11,848. Total for ten
evenings, $140,365. This occurred In 1851,
when one thousand dollars were considerably
more In value &an they are now.
LAWS OF THE STATE.
ACTS OF THE OENERAL ASSEMBLY
OF SOUTH CAROLINA.
Published by Authority.
AK ACT relating to the Bonde of the State of
Whereas bonds or obligations of this State
have been issued, from time to time, to a
large amount, In accordance, as was supposed
by the officers Issuing the same, with the au?
thority and provisions of certain acts of the
General Assembly, Including "An act to au?
thorize a loan to redeem the obligations
known as the bills receivable of the State ot
South Carolina," approved AuguBt 26, 1868;
also, "An act to authorize a State loan to pay
Interest on the public debt," approved August
26,1868; also, "An act to provide for the ap?
pointment of a land commissioner, and to de?
fine his powers and duties," approved March
27,1869; also, "An act to amend the last
named act, and for other purposes," ap?
proved March 1, 1870; also, "An act to
authorize a loan for the relief of the
treasury," approved February 17, 1869;
also "An act to provide for the conversion of
State securities," approved March 23, 1869;
and "An act to authorize the financial agent
of the State of South Carolina, lu the City of
New York, to pledge State bonds SB collateral
security, and for other purposes," approved
March 26, 1869, which said bonds are fully and
particularly stated and set forth In a report
made by the treasurer of the State to the Gen?
eral Assembly, dated October 31, 1371; and,
whereas, doubts have arisen whether said
Issues were lu strict conformity to the provis?
ions of the said several acts under which they
were respectively Issued; and, whereas, it
was the true Intent and meaning of the seve?
ral acts above set forth that such issues of
bonds or obligations should be made in the
manner In which the same have been made,
as aforesaid; and, whereas, also, doubts have
been raised as to the validity of some of the
bonds mentioned in the said annual report of
the State treasurer, for the fiscal year ending
with October 31, 1871, although money bas
been borrowed by, or realized out of, said
bonds on account of this State; and, whereas,
the credit of this State has been affected
SECTION 1. Be lt enacted by the Senate and
House of Representatives of the State of
South Carolina, now met and Bitting in Gen?
eral Assembly, and by the authority of the
That the said bonds and obligations, Issued
on behalf of this State, as mentioned and set
forth In the report ot the treasurer of this
State to the General Assembly, dated October
31,1871, were duly and lawfully lssned In con?
formity with the true Intent and meaning of
the several acts of the General Assembly,
hereinbefore set forth -by their respective
SEC. 2. That the acts of the officers of tb?
State, authorized under the provisions of the
laws of this Stale, and of the several acts
hereinbefore referred to, lo the extent of all
Issues of bonds or obligations enumerated
and set forth In the said report of the treasu?
rer, be, and are herebyvin allthlngs, ratified,
confirmed and established.
SEC. 3. That each and all of the bonds
named In said annual report of the treasurer
of this State, for the fiBcal year ending with
October 31st, 1871, be, and the same are here?
by, declared to be legal and valid bonds of the
State of South Carolina, for the payment of
which the faith, credit and funds of the State
have been, and are hereby, pledged. Pro?
vided, That no bonds be Included which are
not registered in the treasury at the time of
the passage of this act, as provided for In sec?
tion 14, article 9, of the constitution, relating
to finance and taxation.
SEC. 4. The section of each of the acts
under which said bonds purport to be issued,
which provides for annual tax to pay the In?
terest, is hereby declared to be a part of this
act; and an annual tax, in addition to all other
taxes, shall be levied upon the property of the
State sufficient to pay the interest on the
bonds named in or provided for by this act,
until the principal of said bonds shall become
due, such payment to be made In United
States currency only.
SEC. 5. Hereafter every bond converted or
Issued under, or In pursuance of, any of the
laws of this State, shall be of the description
and style of those heretofore issued under au
act entitled "An act to provide for the conver?
sion of State securities," approved March 23d,
1869, so that all of the bonds of this State shall
be of one description and style, as soon as the
exchange can be made: Provided, That all
bonds of the State of South Carolina convert?
ed Into stock of said State, and all stock of the
State of South Carolina converted Into conver?
sion bonds of the State, as provided for In the
act herelnbeiore mentioned, approved March
23, 1869, shall be cancelled Immediately upon
the conversion of the same, and retired from
Issue or hypothecation.
SEC. 6. All bonds heretofore authorized to
be Issued, shall be Issued lu pursuance of, and
In conformity with, the provisions of this act,
and shall be converted into bonds, of the style
and description named In the next preceding
section, as speedily as the same can be done.
SEC. 7. That neither the sum or sums realiz?
ed from any sale or sales of any of the bonds
of this State, nor the manner of sale of any of
the bonds of this State, shall, In any manner,
affect or impair the validity and obligation
SEC. 8. The Governor is hereby authorized
and required to sign all of the bonds named in
this act. The State treasurer is authorized
and required to countersign the same. And
the secretary ot State is authorized and re?
quired* to affix the seal 'St' the State to the same
without delay: Provided, That no bonds shall
be signed by the Governor, or countersigned
by the State treasurer, except for the conver?
sion of bonds or stocks already Issued pursu?
ant to law.
SEC. 9. Nothing contained in this act shall
authorize the Issue or conversion of aoy bonds
of this State other than those named In the
report made by the State treasurer as specified
In the 3d section of this act, and such as have
been authorized under previous i?w? of this
SEC. 10. The Commercial Warehouse Com?
pany, in the City ot New York, aud the Caro?
lina National Bank, in the City of Columbia,
South Carolina, are hereby declared to be au?
thorized places lor the registering ot the
bonds, coupons or stocks of the State of South
Carolina, and they are authorized, on the
passage of this act, to immediately advertlsei
In one or two ol the principal papers in each
of the Cities ot New York, Columbia and
Charleston, to the holders of all the bonds,
coupons or stock of the State of South
Carolina, the necessity of registering their
bonds, coupons or stocks at one of the above
authorized places of registry. In the registi
tlon of said bonds, coupons or stocks, t
number and denomination of each bond, cc
pon or certificate of stock, the act under whl
lt was Issued, and the name of the person, E
soclatlon, corporation or firm presenting tl
same shall be recorded, and the time and pla
of registration shall be endorsed upon sa
bonds,- coupons or stocks; se that the san
bonds, coupons or stocks may not be preset
ed at more than one place of registration,
shall be the duty of the said Commercial War
house Company, In the City of New York, at
the Carolina National Bank, In the City
Columbia, South Carolina, to publish in tl
Cities of New Tork, Charleston and Columbi
quarterly statements of the whole amount
bonds, coupons or stocks registered by tber
the number, denomination, and the act undi
which they have been Issued. The State trea
urer and the financial agent of the State, I
the City of New York, shall not pay intere
on said bonds or stocks until they have bee
registered according to the requirements
SEC. ll. All acts or parts of acts contrary ti
or Inconsistent with, thia act are, for the pm
poses of this act, but for j\a other purposi
SEC. 12. This act shall take effect lmmed
Approved March 13.1872.
Av ACT to provide for General and SDecli
Elections, and the manner ol conductln
SECTION 1. Be lt enacted by the Senate an
House of Representatives of the State c
South Carolina, now met and silting in Gent
ral Assembly, and by the authority of th
That ail general and special elections, hel
pursuant to the constitution ot this Stau
shall be regulated and conducted according t
the rules, principles and provisions here!
SEC. 2. The commissioners of election sha
provide one box for each election precinct
An opening shall be made in the lld of th
box, not larger than shall be sufficient for
single ballot to be Inserted therein at on
time, through which each ballot received
proper to be placed In such box, shall be lt
serted by the person voting, and by ho othei
Each box shall be provided with a sufflcleu
lock, and such box shall be publicly opene
and Inspected, to see that lt ls empty an
secure, and then locked Just before the open
lng of the poll, and the keys returned te th
managers, and shall not be opened during th
election. Each box for such- precinct shall b
labelled as follows: '.Congress," "State,
"Circuit," and "County officers."
SEC. 3. At the close of the election the mar
agers and clerk shall immediately proceed
publicly, to open the ballot-box and count tb
ballots therein, and continue such count witt
out adjournment or late -rapt lo a until th
same ls completed, and m (ike such statemeo
of the result thereof, and sign the same, a
the nature ol the election shall require, if, ii
counting, two or more ballots shall be fou m
folded together compactly, only one shall b
counted and the others destroyed; but if the;
bear different names, the same shall be de
stroyed and knot countel If more ballot
shall be lound, on opening the box, thai
there are names on the poll.list, all the ballot
shall be returned to the box and thorough);
mixed together, and one of the managers oi
the clerk shall, without seeing the ballots
draw therefrom and immediately destroy a
many ballots as there ara In excess of tb
number of names on the poll list; within thre<
days thereafter the chairman of the board o
managers, or one of them, to be designated li
writing by the board, shall deliver to the com
missioners of ?lection the poll list, the boxe
containing the ballots and a written state
ment of the result of the election in his pre
EEC. 4. After the Anal adjournmeut of th
board of county canvassers, and within tbi
lime prescribed In this act, the chairman o
said board shall forward, addressed to th'
Governor and secretary of State, bj a mee
senger, the returns, poll lists and all paper
appertaining to the election. The said mee
senger to be paid bis actual expenses upon i
certificate to be furnished him by the secre
tary ol State; said certificate shall be paid ou
of the funds provided for the payment of cor
oners and mica jera of election.
SEC. 5. AU acts or parts of acts la any wa;
conflicting with this act are hereby repealed.
Approved March 12, 1872.
AN ACT to Amend an Act entitled "An Act t<
Revise, Simplify and Abridge the Rules
Practice, Pleadings and Forms of the Courti
of this State."
SECTION 1. Be lt enacted by the Senate anc
House of Representatives of the State of Soutl
Carolina, now met and sitting In General As
Bembly, and by the authority of the same:
That an act entitled "Au act to revise, sim
pllfy and abridge the rules, practice, pieadingi
and forms of the courts of this State," be.
and ls hereby, amended as follows, viz
Insert, in section 330, at the close of sub?
division 4, of said section of said act, the fol
lowing words: "And in any civil action undei
thia code, clerks of the courts, trial Justices
and sheriffs shall be entitled to demand and
receive of the plaintiff in any such action, In
advance, the same compensation as ls allowed
Approved March 13,1872.
AN ACT Relating to the Financial Agent of the
State of South Carolina, In the City of New
SECTION 1. Be lt enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same:
That the financial board ot this State Ie
hereby authorized and required forthwith to
adjust and settle the claims, demands and ac?
counts, and ali cr any matters of difference re?
lating to the financial agent of this State, In
the City of New York, and to receive any
balance whlcb, on such adjustment, may be
found to be owing to this State by the said
financial agent, or for which said finan?
cial agent, may be, or become, liable
to this State; also, for all properly
or effects belonging to this State,
now In, or which may hereafter come Into,
the possession of said financial agent, or any
part or parts thereof; and upon the due pay?
ment and satlslacllon, on the part of said
financial agent, of any demand arising on
such settlement or adjustment, to execute and
deliver to him a full release and discharge
for all liability to this State by reason of any
matter or thing done in the course of such
financial agency. That said financial board
shall render a statement of the settlement
with the financial agency to the comptroller
general of the 8' ate thirty days prior to the
meeting ol the next General Assembly.
Ssc. 2. That this act shall take effect lam
Approved March 13,1871
AN ACT to alter and amend an act en titi
"An act to Be vi se, Simplify and Abridge t
Bules, Practice, Pleadings anil Forms
Courts In this State."
Be it enacted by the Senate and House
Representatives of the State of South Caro Ur
? now met and sitting in General Assembly a
by the authority of the same:
That section three hundred and ten (310)
an act entitled "An act to revise, simplify at
abridge the rules, practice, pleadings ai
forms of courts In this State," approved t
first day of March, A. D. 1370, be, and t
same is hereby, altered and amended I
striking out therefrom the words: "or by
referee appointed by the court for that pt
pose," and the word "referee" Immediate
Approved March 13, 1872.
AN ACT to Regulate the Pay of the Membe
o? the General Assembly.
Be it enacted by the Senate and House
Representatives o? the State bf South Car
Una, now met and sitting In General Asset
bly, and by the authority ot the same:
That each member of the next General A
j sembly shall receive an annual salary o? si
hundred dollars; and twenty cents for ever
mile of the ordinary route of travel In goto
to, and returning from, sessions of the Gen
Approved March 13, 1872.
AN ACT to Incorporate the Charlestoi
Georgetown and Con way boro' Railroad Coo
SECTION* ' 1. Be lt enacted by the Senate ac
House of Representatives of the State i
South Carolina, now met and sitting in Gen
ral Assembly, and by the authority o? tl
That for the purpoe s ot constructing a ral
road of one or more tracks from some point
or near the City of Charleston, through tl
Counties of Charleston and Georgetown, i
some point at or near the Town of Ge orge to w
and thence through Sorry County, to son
point at or near Co n way bo ro', thence to tl
North Carolina State line, that C. B. Stuai
H. M. Drone, E. R. Wiggin, 8. P. Tick, W..
Greenleaf, w. H. McDowell, John Douglas, v
F. Johnson, J. Walker and their associate
successors and assigns, are hereby created
body politic and corporate under the name
ibe Charleston, Georgetown and Con way bor
Railroad Company, and, by such title, she
have a corporate existence for the term <
thirty (30) years; and may sue and be sue*
plead and be Impleaded, in every prop?
court of tbe State of South Carolina, and mi
have and use a common seal, which lt mt
change or alter at pleasure; and shall be cap
ble o? purchasing, holding, using, leasing at
conveying estate, real, perennal and mlxe
and other property, and acquiring the san
by gift or devise; and may make all necessat
by-laws and regulations lor Its governmen
not inconsistent with the constitution an
laws of the State ol South Carolina, and ? ot tb
SEO. 2. That the said company be, and
hereby, authorized and empowered to coi
struct, maintain and operate a railroad of on
or more tracks, extending from some poll
at or near Charleston, to some point at c
near Georgetown, thence to some point at c
near Conway boro', thence to some point o
the North Carolina State line, In Horry Com
ty, the particular route of sanie to be detei
mined upon by the company after the sam
shall have been formed.
SEC. 3. That the capital stock o? said con
pany shall be three millions of dollars, 1
shares of one hundred dollars each, with th
privilege of increasing the said capital stoc
to such an amount as may be found necessar
to construct, equip and maintain the said ral
road; and the shares shall be personal propel
ty, transferable in such manner as the ty
laws may direct; and for tbe raising of sue
capitol Btock, lt shall be lawful to open book
o? subscription, at such times and places, an
under the direction of such persons, as sal
company may determine. That the sold sut
scrlptions to the capital stock may be made 1
money, bonds, lauds, materials or work, t
such rates and on such terms as may b
agreed upon at the time of such subscrlptlot
A copy of any articles of association, signe
by tue lncorporators named in this act, or an
number of them, not less than five, may b
flied in the office of the secretary of State, an
thereupon the persons subscribing such arti
clea of association, and all persons who sha!
become stockholders in such company, sha!
be a corporation, In deed and In law, (or tb
purposes herein set forth, and shall be conslc
ered organized by such act of association.
Ssc. 4. That the company hereby authorize*
shall be allowed six months from the passag
of this act In which to file the articles o? assc
ciatlon in the office of the secretary of State
as provided for In section 3, and the rallroai
hereby authorized to be constructed shall b
commenced within two years after the passag'
of this act, or otherwise the charter shall bi
, SEC. 5. That the said railroad company ii
hereby authorized to construct and operate om
or more lines of telegraph along Its railway
charging and collecting such remuneration foi
all messages or dispatches as the president ant
board of directors may direct. The said cern
pany may connect said Une of telegraph wit!
the lines of any other company in this State
or adjoining State; and may lease, farm out
or sell the above right, as in the Judgment o
the president and board of directors may bi
most advantageous to the interest ot the com
SEC. 6. That the said company Is hereb;
authorized and empowered to mortgage an:
or all o? its property and franchises, and li sui
bonds and preferred stock to an amount, ant
on such terms and conditions, and for sud
uses and purposes of the said corporation ai
the president and directors thereol deem ex
pedlent for the best Interests of the company.
SEC. 7. That this said company Is herebj
authorized and empowered to merge and con?
solidate Its capital stock, estate, real, personal
and mixed, franchises, rights, privileges and
property, Into and with the capital stock,
estate, real, personal and mixed, franchises,
rights, privileges and property of any othei
railroad company or companies chartered by
and organized under the laws of this or any
other State or States, whenever the two or
more railroad companies eo to be merged and
consolidated shall or may form a continuous
line of railroad with each other, or by means
ot any intervening railroad, bridge or ferry;
and such consolidation shall or may be effect?
ed In such manner and on such terms and
conditions as the president and boord ol
directors may determine.
' SEC. 8. That the said railroad company shall
be subject to the provisions of on act of th?
General Assembly of South Carolina, passed
September 22,1668, entitled "An actto declare
the manner by which the lands or right of
way over the lands of persona or corporations
may be taken for the construction and uses of
railways and other works of lnterne.1 improve?
ment" fronded, however, That .nothing
herein contained shall be .so construed as to
exempt the Bald railroad. ' company from the
payment of taxes. , ?,.. - ?
SEO. 9. That this act shall take effect oil
and alter Its passage; and all acts or parts of
acts Inconsistent with any of the provisions of
this act, are hereby repealed.
Approved March 9,? 1872.
_? . : "WI
AN ACT for the?t?Hef of the; Widows and'Or
phaos of pereons killed bec?use of their
political opinions. "J \.. . \ -
SECTION-l. Belt enacted by, tie Senate and
House of Representa ti ves "of'the State cf
South Carolina, now met ano: sitting in Gent?
rai Assembly, and by the authority," of toa
Where ? the writ of habeas corpus h asobee a
suspended by the President of che if hi ted
States, there shall be levied and collected, ?t
the same time and in the same manner this
other taxes are collected, a 'special tax of Oho
half (i) mill on the dollar, bf the assessed
value of all the. taxable property, of each " aui
every o? Bald counties, the proceeds, of
whlch.tax shall be paid into the county treas m
urylnsald counties, respectively; and shall
constitute a pension fund tor the support of
the indigent widows and orphans of those per?
sons who have been killed In said counties be?
cause of their political opinions.. Provided,
That if lo any county said levy of one-half (J)
mill on the dollar shall be more than sufficient
for the support of the widows and orphans
aforesaid In said county, then said excess shall
be applied to the school fund, to be disbursed
according to law. ? sui. Vf "Ia <
SEC. 2. That each of such destitute or . Indi?
gent widows or orphajis, on satisfactory proot
(by not less than two disinterested wltneaaea)
furnished to the county treasurer of his or
ber county, shall receive an allowance or
pension of the amount as follows, to wit: Fox
each widow, tea dollars per month; for each
orphan child under the age of fifteen years,
six dollars per month, payable on the first day
.ot each and every month by the ^county trea?
surer, Buchallowance to be co n tl n u ed. d u ring
the widowhood .of such widow, or to such
orphan child until he br she shall attain the
age of fifteen years. The co unty treasurers of
said counties shall report to the next General
Assembly a detailed statement as to how far
the provisions of thia act has been carried into
execution. ;-v ?
Sac. 3. This act shill take effect from the
date of its passage.
' Approved March 13,187? . - .
gleeing grift 3gjjggftjjgg <Soo^>
oi?*<* .: ? ;> . : 1%;.
In order to Close Out our
We have Marked Down our
I TWENTY TO FIFIT PER C?NT
Now is the time to Bay
FIRST CLASS GOODS
At Extremely Low Prices,
CALL AND EXAMINE THEM
J, H. LAWTON & CO.
ACADEMY MUSIC BUILDING,
CORNER KINO AND MARKET ST?.
SI XT t FI VE FIRST PRIZE MEDALS
WM. KNABE & CO.?
GRAND. SQUARE AND UPRIGHT
These instruments have been before the pabilo
for nearly thirty years, and upon their excel?
lence alone attained an unpurehaaed pre-emi?
nence, whleh pronounces them unequalled In
?-All our SQUARE PIANOS have our New Im?
proved OVERSTRUNG SCALE and the AGRAFFE
?-We wonld call especial a ut em ion to our late
Patented Improvements m GRAND PIANOS and
SQUARE GRANDS, found in no other Plano, whlcn
brings the piano nearer perfection than has yet
EVERY PIANO FULLY WARRANT?
ED FOR FIVE YEARS.
?-we are by special arrangement snabled to
furnish PARLOR ORGANS and MELODEONS or
the most celebrated makers, Wholesale asd Retail
at lowest Factory Prices.
Illustrated Catalogues and Price Lists prompt?
ly furnished on application to
WM. KNABE ?ft CO.,
Or any or our regular established agencies. *