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voL. XI. MANNING, S. C., WEDNESDAY; NOVEMBER 131
ChANGE OF VENUE.
ANIMATED DISCUSSION ON THE
D1iffering Views of Differing Delegates as
to the Place of Trial of Cases in Court.
COLI2SBIA. Nov. 7.-The session of
-he Convention to day was consumed
;i the discussion of parts of the article
The article as reported by the com
mittee contained, as a part of section
2, these words: "The State shall
have the same right to move for a
change of venue that a defendant
Mr. Geo. Johnstone moved to
strike out these words. Mr. John
stone went on to explain the scgpe of
his amendment and he insisted that
he was merely trying to preserve a
i ight as old as the magna Charter.
This is a great general principle that
ought not be avoided for special cases.
It will be contended that in certain
cases of homiedes orriotsor lynchings
there should be a modification of the
fixed principle of a thousand years.
He said that perhaps the course of a
solicitor had been impeded by public
sentiment in a county, but even in
view of this the old and settled rule
was still best.
He contended that under this change
there would be more miscarriages of
jastice than under the present system.
He went on to urge to remove the ]
case would not give as much ease in
getting witnesses as now. He contend
ed that public sentiment was public 1
opinion and amounted to something.
Mr. Jobnstone was making a strong
and able argument in favor of his
position when the hour for taking a
recess arrived, and the Convention
took a recess until to-night at 7:30
At the night session Mr. Johnstone I
resumed his speech, showing how the I
existing law as to changing the place 1
cf trial protected all interests, and urg- <
ing that so revolutionary an alteration I
should not be contemplated. It was I
his solemn conviction from his large .
practice that all the trouble arose on t
ihe witness stand. Public sintiment
sometimes influences juries, but it i
was better that it should be so than
have a man made a martyr to the
State's machinery. There was no
need to desert the principle when the
civilized world is taking it up.. We
are asked now for the first time in our
entire history to make this chanoe.
The ordinance as to the bons for
Chesterfield and the article on suffrage r
were reported as engrossed.
Mr. Bellinger, of Barnwell, said he
felt it unnecessary to speak in favor
of the report as it stood, as it had been
passed by a large vote to a third read
ing. He spoke glowimgly of the abil
ity and force of Mr. Jolinstone, but
he vemuld say that .M. Johnstone
ead as bearing on
this matter. He gave an extended re
view of the jury system. He insisted
that the State ought to have the same
riaht as the defendant in the matter
of chang of venue
Mr. Ge. D. Tillman asked how
many changes of venue were granted
before the days of degenerate Radicali
Mr. Bellinger said he would reach
1his later on. He said he never saw a
lawyer representinig the defense who
did not think his client imnproperly1
Mr. Bellinger then referred to the
division of the people over the dispen
Mr. ohnstone asked him if he
didn't believe that the people would
be one on the dispensary system when]
it wvent out in the Constitution
Mr. Bellinger said that be aid not.
There was one county in his district
where certain men eculd never bei
convicted of selling liquor under the
Mr. B nger then went on to say
'that Mr. Jervey had impressed him
that he believed that a dispensary con
viction could not be secured in
Strong speeches in favor of Mr.
Johnstone's amendment were made
by Messrs. Geo. D. Tillman, Burn and
AS IsrEREsTING CoLLOQUY.
Mfr. Haynsworth then took the floor
an said te law gave the crimilnals all
the protection and that was the reason
for so much crime. Every time the<
attempt was made to put the State on
a footing with the criminal these elo
quent gentlemen got up and entered
-The proposition simply meant that]
this was merely a scheme to, put the
State on a footing with the criminal.
Mr. G. D. Tillman-Do you think
that the State ought to have the same
opportunity as a poor, friendless man
charged with an offense-the State
with its unbounded wealth and in
Mr. Haynsworth said that the legis
aturei could and would look to pay
he poor man's trial expenses. Mr.
Johtstone wanted to know how it
would pay all these necessary expen
ses of the defendant.
Mr. Haynsworth said the poor man
noti::ro much justice, if anything.
M.G. D. Tillman-I will remmnd
the gentleman that Jonesof Edgefield,
whoe trial was changed to Lexington,
and wh was finally convicted of man
slaughter, was a very poor man.
B. R. Tillman. If the gentlemen
will allow me, I will help him by
saig that Mr. Jones had some of
the richest men in Edefield county be
G. D. Tillman-I can say that I
know that Maj. W. T. Gary from
August, who defended him,has never
beenpaid one cent. (Laughter.)
B. R. Tillman-Any way he was
able to get an appeal to the supreme
court that found a loop hole, as it al
ways does when good lawyers are em
ployed by the defense, to grant a new
Mr. Johnstone suggested that if the
gentlean knew how such holes were
found by the supreme .court that he
be appointed a committee of one to
look into it and see that different kind
of meewere appointed on the supreme
Mr. George Tillman said that Jones
lay in jail three years; that there
were three mistrials.
Mr. Haynsworth-These mistrials
in Edgefieldi, where .his own relatives
are! And then convicted:
G.a n rilmman--But not in Edge
1r. Hayasworth paid : h c. io
p'iaizt to Mjor Gary and then went
m to say that they were iot discus
5i 1 the Jones case.
Mr. Haynsworth was declaring that
it was an important principle th-y are
ibout to fix, when Mr. l'atton asked
uim if he would hae it if this princi
ole had been applied to the ku kluz
rials and the defendants had been
Lried in West Virgiiia.
He went on to argue that the State
should be given justice. The question
>f the hour was now can we secnre
-onvictions and stop crime.
Mr. Gilland, who had been a solic
itor for four vears, thought he had
lone his dutv in tryiue the prisoners
by the form of law. *He had to come
here to learn that it was the duty of
the solicitor to secure convictions.
The solicitor had the whole power of
the State in his hand. If a man trans
ferred to another county could
any one say he was able to reject his
jurors to the advantage of fairness.
The prisoner was the man entitled to
protection under the State's Dower.
Senator Tillman-Doesn't the very
ract that lie rejects jurors show that
ie would get a fairer trial in another
ounty where he knew no one?
Mr. Gilland-If the change were
iot made to secure a conviction.
Senator Tillman tried to make it ap
)ear that it was to secure a fair trial.
Mr. Gilland said that the advocates
f the proposition had said it was "to
ecure a conviction." He took the
ords out of their own mouths.
Mr. Haynsworth asked him if it
were not the purpose of a solicitor to
:onvict a man whom he believed guil
He said it was not a question of be
Mr. Bellinger asked him if he didn't
now that the Constitution allowed
judges to grant changes of venue.
Mr. Giland replied that the ques
ion had never presented itself to him.
Mr. Bellinger-But don't you know?
Mr. Gilland-I do not. Do you?
Mr. Bellinger-The judge in the
Tones case so construed it.
Mr. Gilland-Well what's the use to
)ut it in here;.
Mr. Bellinger said lie would tell
iim; that there were two clauses in 1
he article on the bill of rights which
vere evidently placed there in conse
Wence of the action in placing a cer
amn man in the penitentiary, and a
ike case about the right of trial by
ury, etc. He wished to negative
Mr. Gilland-and that is exactly
hat I'm objecting to.
Mr. Prince spoke in favor of the
Mr. Connor moved to table the mo
ion of Mr. Johnstone with a view to
utting oir all debate. There was a
horus of requests to withdraw. 2
He refushed to do so until Senator
rillman finally requested him to do so.
3everal members were asking the con
,ention to vote down his motion.
Mr. Bellinger called the previous
Luestion on the section.
Mr. McGowan then took the floor 10
ninutes against Mr. Bellinger's propo
ition. He denied that there was any
anger of the dispensary offenders be
ng acquitted in his county. In his
tounty it was enforced. He said that
ven under the Constitution of 188 no
:ase had ever gone to the supreme
ourt to test this question of the
~hange of venue. The present system
iad lasted for 700 years.
Mr. Haynsworth wanted to know
1ow the people were tried before the
United States Constitution came in.
Mr. Johnstone-They were tried by
he Indians. (Laughter.)
Mr. Ragsdale said -that "blood was
hiicker than water." and they should
emember that they were legislating
*or their descendants-their poor and
rriendless sons perhaps. It were well
o weave a sldfabric here-one that
~annot be broken.
Col. John T. Sloan wanted to enter
is protest against the reflection made
by the gentleman from Barnwell on
Jie honest jurors of South Carolina to
ay that after they had been sworn on
ie Bible, they would not bring in a
rerdict in accordance with the oaths
hey had taken. Col. Sloan closed
with a vigorous, well-timed arraign
nent of the bad features and effects of1
sr. Bellinger's scheme.
The convention then at 11 o'clock
idjourned until 10 o'clock this morn
The first speaker this morning was
31. Robert Aldrich. who said that he
would do nothing to violate the rights
riven under magna charta. Ordinari
Ly those accused of crime are tried in
he counties where they commit the
>ffenses, but sometimes public senti
nent arises for or against the prisoner
>r for or against the law. Then one
yr two things have to -be done. Either
o acknowledge that justice cannot be
bad or to remove it to a more serene
atmosphere. This was what is called
a change of venue.
Justice means one measure for all
that the scales must be held with an
even hand. This provision would be
unnecessary if we did not find such
instances that required the transfer.
We know that occasions do arise when
hanges of venue are necessary, and
the committee did this with an inten-1
tion of perfect equality. It is only to
be had when the facts that make the
hange necessary are supported by
You do not break down anyvthing.
You leave the law as it always ex
George Tillman-You assert that
this will leave the law as it always ex
Colonel Aldrich-I do so assert.
George Tillman-Even when every
ane knows that up to186Sa change of
genue was never known?
Colonel Aldrich-But it could have
George Tillman-The Constitution
always provided, against it. It's singu
lar that during 77 years it was never
Colonel Aldrich-I have only heard
of its being done in but one case, yet
during all that time the law allowed it
to be one. I will say further that if
any man don't want the change made
he~ has the remedy in his own hands
by simply not violating the law .
DR . STOKES SPEAKs.
Dr. Stokes then spoke on the side of
Mr. Bellinger. He spoke of the ques
tion of sentiment swaying the jurors
in favor of the accused. 'The opinion
had been expressed that the accused had
the whole State against him. As a
matter of fact this instance showed
that the people of the State were in
favor of the dr'endant.
Mr. Hlutson stated that the State was
so powerful with the oest legal talent
.hould be given some opportunity.
Senator Tillman remarked that ac
auittd was the rule and conviction the
A LIVELY TILT.
Mr. Johnstone closed the debite.
He went on to say that Senator Till
nan charged the courts with being
Senator Tillman-Now, are you not
,oing a little too far, there?
Mr. Johnstone-No, sir; wait a mo
ment and I'll try and bring this thing
right before you. Don't you remem
ber the case of James in Darlington.
Ele was a man wrapped in wealth. He
was convicted at nis own home be
:ause of a strong sentiment and you
pardoned him. There is the man of
wealth and influence ccnvicted in his
Senator Tillman--Yes, and lie of
rered the reward himself and the par
lon was asked for by three-fourths of
the citizens, and the facts showed that
he was not guilty.
Mr. Johnstone--Yes, and I will be
just to you, though you are not always
just to others and thejudiciary. Jones
should have been pardoned and you
lid right to pardon him.
Senator Tillmran--The pardon, in
my opinion, was a proper one.
Mr. Johnstone-It was right. The
man was improperly convicted and
bout tobe hanged. I only wished he
had pardoned others that he should
have pardoned, and had not pardoned
some that he did pardon.
Senator Tillman-Thank you, sir.
Mr. Johnstone-But the getleman
rrom Edgefleld denies that he assailed
the supreme court. The other day,
when discussing the homestead, did
ae not in direct terms charge the court
with a perversion of the law? Does
de not remember that when the su
preme court decided the dispensary
Law unconstitutional that he poured
orth the vials of his wrath on their
ieads. Oh, I am glad to see that the
rentleman from Edaefield is sometimes
taggered in his ca mer moments by
21s mere violent utterances.
Senator Tillman-I read that home
tead decision the other day.
Mr. Johnstene-Oh, T agree with
Fou that the court made a mistake in
Senator Tillman-What, once you
gree with me?
Mr. Johnstone-Yes, twice if you
tre right. You would get more to
gree with your opinions, let me say,
f you were not so violent in some of
Senator Tillman-It may be that
,he leopard will cange his spots or
hat the lion will trim his claws.
Mr. Johnstone-Then, thank God if
ou do. (Laughter.) I've seen you
o often make errors of judgment that
f I were to brand you as I am inclined
,o do, for every error of judgment,
ou, in my opinion, would be the
nost astounding of criminals. (Laugh
er.) But why charge every error of
udgment as dishonest?
Senator Tllman-We are not talk
ng about dishonesty and nobody has
haged dishonesty. Now, Mr. John
tone, do you pretend to say you know
rhat'are the rights of married women
n this State under that decision?
Mr. Johnstone-Although I am a
nodest man, I must plead that I do
Mow. If t~ho logislaturo did not
:hange the laws so mnch the courts
ould be more consistent.
Senator Tillman-Then do you think
hat the court's decision validating
~ertain township bonds were right?
Mr. Johnstone-I do not remember
Senator Tillman-I am glad I have
cund something that you do not claim
o know all about.
Mr. Talbert-I think the gentlemen
re out of order, as none of this has
nything to do with the matter under
Mr. Johnstone-Now, Talbert, sit
own and don't operate that automa
c mouth of yours. (Great laughter.)
Mr. Johnstone-The gentleman from
dgefield has so often claimed to be a
~tatesman and not a politician and so
nfallible in his judgment as to what
ie knows, that I ought to be willing
o sit at the feet of Gamaliel and re
Senator Tillman-The court declared
ertain bonds invalid and the legisla
ure by some hocus pocus and round
bout way validated the bonds.
Mr. Johnstone There he goes again
n another ons'aught on the Iegislature
md I would like to know where on
mrth he expets to find a man ex
~e t himself tais ever right.
~,nator Tillman-What I want to
Inow is whether you think the legis
ature can validate an unconstitution
1l debt ?
Mr. Johnstone-I haven't looked
Senator Tillman-Why the propos
ion is as big and broad and as plain
s that monument out there.
This entire colloquy was conducted
n the best of humor by both Messrs.
Tohnstone and Tillman, and it afford
dno end of amusement to the mem
ers of the convention. Mr. Johnstone
was at his best.
Mr. BELLINGER CLOSES.
Mr. Bellinger closed the argument
>n'his side. There was quite a lively
lebate between him, Mr. Johnston,
Kr. Bryan and Mr. G. D. Tillman. He
ok up the suggestion that the dispen
~ary law was at the bottom of this dis
He gave his word that this matter
~vas not put there with any special re
~erence to the dispensary law. He had
nore reference to lynchings than to
.he dispensary. When he brought it
p there was a provision in 'another
irticle that no man could be held for
ny crime unless upon the true bill of
a grand jury of his own county. The
owns were now convicting under the
lisbensary law. He was no advocate
af the metropolitan police system. But
on't you know that the knowledge of
this power has shut up more blind
tigers than anything else? You can't
convict a man who has wealth.
I mentioned last night the dispensary
law and every lawyer here who is op
posed to that law o'ot up here and be
gan to pitch into tY ' bill on this ac
count. I did not inject the dispensaey
jaw in here. It is taken up by men
who desire to completely emasculate
tle dispensary law.
"The dispensary law now provides
that in a case where the grand jury
hall fail to find a true bill that the
court shall, at the request of the solic
itor remove the trial toanother county
and so on ad infinitum until a con
iction. What have we here? A pro
position to deprive the State of the
right, in all cases, in white cap cases,
lynching cases, dispensary cases, to
moe for a change af venue.
What becomes of the dispensary
system? Theyj say that these people
are respectino it because the supreme
court h a ecad iconstitnnal.Whnt
man has a higher respect for the su
preme court than he has for the legis
lature When has any lawyer refused
to defend aman because the law under
which he is being prosecuted is uncon-,
stitutional? I will tell you what has
brought about this change. They have
found that if the grand juriesrefuse to
five a true bill and the petit juries re
?use to convict that the State will get a
change if venue. The fear of the -law
is the very best thing in the world to
suppress crime. You can convict a
poor man anywhere if he is unable to
employ : unsel, but you cannot, as a
general rule, convict a man who is
able to employ lawyers and further
more to tamper with juries.
Mr. Talbert-Don't you think that if
this provision obtains, and you drag
men from their homes, that you will
make enemies to the dispensary law?
Mr. Bellinger replied by expressing
his confidence that thelpower to change
the place of trial won Id be properly
used by the judges.
BARKER AND BELLINGER.
Mr. Barker-Do you believe that a
man carried from Charleston to Or
augeburg county would have a fair
trial in a dispensary case, where the
political sentiment is prejudiced in fa
vor of the dispensary?
Mr. Bellinger-Do you mean by po
litical sentiment a sentiment to enforce
the law at all hazards?
Mr. Barker-Do you think it would
be fair to take a man and carry him
from a county which is. in favor of
lynching and carry him to a county
where the political sense is against it?
Mr. Bellinger-Do you not believe
that a man carried from Charleston on
a dispensary matter would have a fair
trial in any other county of the State?
Mr. Barker-I do not sir:
Senator Tillman -Then is not that
a confession that he will not get justice
Mr. Barker-I am not making con
Mr. Bowman-Can a violator of the
dispensary get a fair trial in Charles
Mr. Barker-He may and he may
not. You have assumed that the sent
iment in Charleston is such that he
cannot get a fair trial.
Mr. Bowman-You have made the
same statement in regard to Orange
Mr. Barker-You have assumed that
hecouldnotget a conviction in Charles
ton and want to carry him to a county
where on account of political prejudice
in favor of the law he can'tget justice.
Mr. Bellinger-Do you mean to say
that a:man should be tried in his own
county even if it is known that on ac
count of prejudice he is not going to
Mr. Barker-Better let him be ac
quitted then than to violate that fun
damental principle of American and
English liberty. You must not violate
the fundamental principles in order to
carry out the provisions of this law. I
tell you it will come back to you if you
do. I sympathize with the sentiment
that has been raised against barrooms,
and am insofar in sympathy with the
dispensary law, but I do not sympa
thize with these provis ic of that law
and the manner in which it is executed
in violating the fundamental principles
of American liberties in the matter of
Mr. Bellinger wanted to remove the
impresion that he and Senator Till
man had gotten together and concoct
ed this scheme to facilitate the enforce
ment of the dispensary law.
Mr. Barker had not intended to im
pugn any such motives to him.
THE AMENDMENT ADOPTED.
Mr. Johnstone's amendment was
then adopted by a vote of 71 to 57.
Mr. Efird offered an amendment
which would take away the right to
change the venue except in civil cases.
Mr. Stanyarne Wilson moved to
amend by providing that "the State
shall have the same right to move for
a change of venue that a defendant
has for such offences as the general
Mr. Wilson spoke vigorously on
this motion, after Mr. Johnstone's
point of order that it was the same as
the proposition stricken out was over
Mr. Wilson argued for the dispen
sary law, speaking of the blind tiger
violations. This was simply to leave
the present act of the general assembly
of force. Character was not involved
in dispensary cases. This was simply
to allow the convention to say wheth
er it would repeal the legislative act or
Mr. Johnstone stated that this was
simply threshing over old straw. He
was simply fighting for the general
principle in this matter. On his hon
or he had no fight to make on the dis
pensary law. He wanted no return
to the barroom system.
SENATOR TILLMAN sPEAKS.
Senator Tillman then took the floor
and after a few preliminary remarks,
Mr. President-There is an evil we
will acknowledge, and that is that the
partisan or political feelings of men in
rega'rd to this special law are such
that they will not abide by their oaths
and render a verdict.
Mr. Johnstone-Let me ask you a
question in that connection. Would
you violate your solemn oath on ac
count of political partisanship ?
Mr. Tillman-No, sir.
Mr. Johnstone-Why, then, would
you expect other people to do so?
Mr. Tillman-I do not mean to ar
ray myself as better than anybody else,
but the p roof is that the political feel
ing in Charleston County is such that
juries-whether drawn honestly or
not-I think they are cooked by the
whiskey element and draw their juries
from that element, will give no true
bills. But let that stand for what it is
I had great pains to keep the con
vention from incorporating the dis
pensaryin the Constitution absolutely.
If you do not want to see the dis
pensary law absolutely nullified you
have got to give the State some op
portunity to convict. Other wise you
had as well strike it out.
Mr. Johnstone-The convention can
not by one vote do a thing and then
by another do exactly th~e opposite
thing. This gives the legislature the
right to provide for change of venue
in cases of larceny, petty larceny, ar
son, murder, breach of trust and other
cases. If the gentleman cannot trust
the juries in thme dispensary cases let ,
him distinctly say "in dispensary
Mr. Tillman-Will you accept that?
Mr. Johnstone-It is infinitely pre
ferable to that other.
Senator Tillman-WXill you agree to
"offences against police regulations?"'
Mr. Johnstone-Oh ! let's say "dis-1
pensary cases" at once.
Senator Ti;11man-T hen make it 1;
Mr. Johnstone--I accept that. I will
ask the gentlemen of the convention
to pause and reflect. I am afraid that
he, too, (Senator Tillman) is some
times a political partisan-a partisan
of the dispensary law. I am afraid
that his zeal in this matter is causing
him to go too far. I say, in all kind
ness. that his zeal sometimes defeats its
own ends. Mr. President, you have to
give a community some time to ac
commodate itself to a change of cir
cumstances. Everything reconciles
itself. Let's give time-a little time to
do perfect work. Let the "fullness of
time do its work."
Mr. Meares made a strong speech
against the Wilson amendment. He
concluded thus: "The proposed rem
edy, Mr. President, is mach worse
than the disease, the cure than the
bite. Let us trust to the kindly influ
ences of time and the right--which the
dispensary is-will prevail. Do not,
gentlemen, adopt "his measure unless
you wish to inflict a vital blow upon
Mr. Johnstone then once more ex
plained his attitude on the dispensary
law in relation to this question. They
were charging that he did not want
the dispensary law enforced. The law
was being enforced and it would be
better enforced as the years rolled
round. He renewed the motion to lay
on the table, but withdrew to let Mr.
Mr Sligh said he could see no good
reason why any man should oppose
the Wilson amendment. Why
shouldn't they leave it to the legisla
ture. which would be composed of as
good men as this convention.
Mr. Johnstone then renewed his
motion to table the Wilson amend
ment. Lost--yeas 59, nays 72.
The Wilson amendment was then
adopted and clinched.
Gov. Sheppard offered the following
as an addition to the section:
"Provided that in no criminal case
shall a chaige of venue be made with
out a recommendation of the grand
jury of the county in which the crime
Mr. Henderson offered this substi
"Provided, however, that no change
f venue shall be granted in criminal
ases until after a true bill has been
found by the grand jury: and provided
further. that if a change be ordered
t shall ba to a county in the same ju
Mr. Henderson spoke most earnest
ly and forcibly in favor of his amend
Pending the debate the Conven
tion took its usual recess untill to
The night session was taken up with
the debate on Mr. Henderson's substi
The rrincipal speeches were made
by Senator Tillman and Mr. Barker.
The motion to table Mr. Henderson's
substitute was lost-yeas 63. nays 66.
The substitute was then adopted.
Mr. Patton offered the following:
"Section 7. No injunction or other
civil process shall be issued at the suit
of the State, for the prevention of any
act which, by the law of the land,
constitutes a crime."'
(The evident purpose of this amend
ment was to stop the issuing of in
junctions to forbid persons to sell li
On motion of Mr. Stanyarne Wilson
this section was tabled-yeas 53, nays
Mr. Patton moved to reconsider this
Pending debate on that vote, the
The morning session wss taken up
in the discussion of Mr. Patton's
amendment. It was finally rejected
by a vote of 95 nays to 37 yeas
The article was then ordered to a
Our Industrial Progress.
The Columbia correspondent of the
News and Courier says the report of
the Secretary of State will show a won
lerful advance in the State industrial
ly. Complete extracts'cannot now be
given, but enough is given to make a
most agreeable showing to the people
of the State. The report will show
that charters were issued this year to
:orporations with an aggregate capit al
stock of $5,267,700, against $2,910,700
or 1894. In other words, the capital
invested in industrial enterprises in
the State for the year ending October
31. 1895, was more than twice as
mch as was so invested for
the year ending October 31,
194. There has been a w~on
lerful increase in cotton manufactur
no- enterprises, and the figures given
wil surprise even those who have
been watching the development of this
industry.- In 1894 five cotton manu
facturing enterprises were chartered
ia the State, with a capital stock
a~mounting to $465,000. In 1895 twen
ty cotton manufacturing enterprises
were chartered, with a total capitaliza
ion of $2,705,000. Six times as much
money was invested in cotton manu
facturing in 1895, as was so invested
in 1894. This does not include the
:apitalization of those mills now un
ler process of organization, or rather
those to which commissions only have
been issued. The figures given apply
only to those which have been regular
lv chartered, nearly every one of
Ghich is now in operation or is in pro
:ess of building. While no compara
tie data are at hand it is safe to say
that South Carolina will again be tihe
banner State in the matter of increas
ing her cotton manufacturing facili
ties. The above facts are very encou
raino, and shows that there is life.
and penty of it, in the old land yet.
We look for still greater progress in
the next few years.
shot Dead by a Boy.
CovIN~GToN, Ga., Nov. S---A young
negro namedl Isaiah Green, and a
young white boy started hunting.
When about two miles from Coving
ton they passed the house of Rufus
Polson, colored, who with his wife
was pickihg cotton. Green made a
remark to Polson's wife that she took
exceptions to and informed her hus
band who was near by. Polson fol
Lowed the two boys and overtook
them. Hie threatened to whip Green
whereupon Green shot him dead and
made his escape. The coroner's jury
returned a verdict of voluntary man
A Bad D~ay for Democracy.
WASENGTON, Nov. 9.-In the elec
tions held last Tuesday in the States of
New York, New Jersey, Kentucky,
Marland and several others the Re
pubicans carried most of them, de
feating the Democracy badly in many
ieretofore strong Democratic States.
[t was certainly a bad day for Democ
acv, and insures the Republicans the
HOW THEY WILL STAND IN THE NEW
The Convention Completes the Article on
this Important SubJect.--Detals of the
CoLumBIA, Nov. 6.-Special: The
Constitutional Convention reassem
bled last night.
Mr. Wells offered an ordinance to
postrone the next regular session of
the general assembly from the
fourth Tuesday in November, 1895, to
to the second Tuesday, in January,
1896. This ordinance was placed on
Mr. Henderson moved that No. 23,
his ordinance to provide for an issue
of State boys bo printed as amended
and laid on the desks of the members.
This was agreed to.
Mr. Kennedy's ordinance relatin
to Chesterfield County's railroaa
bonds was called for, but it was passed
The suffrage article was then taken
up, and section 5 was read.
M:. Bryan offered the following
Insert on line 3, after the word "ar
ticle," the words, "and on such appeal
the hearing shall be de novo."
Mr. Jones wanted to know if the
words "de novo" were intended to ap
ply to the supreme court, too.
Mr. Bryan said they were to apply
to all courts.
The amendment was agreed to.
T'Ae whole section was then adopted
Section 5. Any person denied regis
tration shall have the right to appeal
to the court of common pleas, or any
judge thereof, and thence to the su
preme court te determine his right to
vote under the limitations imposed in
this article, and on such appeal the
hearing shall be de novo, and the gen
eral assembly shall provide by law for
such appeal and for the correction of
illegal and fraudulent, registration,
voting and all other crimes against
the election laws.
Section 6 was then taken up, and
Mr. Bellinger offered the following
amendment, which was adopted:
Amend section 6 by adding after the
word "bigamy" the following words:
"Housebreaking, recedving stolen
goods, breach of trust with fraudulent
intent, assault with intent to ravish,
miscegenation and larceny." and by I
striking oat the words "theft" and
"embezzlement," on lines 3 and 4.
Senator Tillman made the motion
to add "miscegenation."
Miller wished to know if the term
"larceny" included petty larceny also.
He got no answer.
The whole section was then adopted
Section 6. The following persons
are disqualified from being registered
First, persons convicted of burglary,
arson, obtaining goods or money un
der false pretenses, perjury, forgery,
robbery, bribery, adultery, bigamy,
wife beating, house breaking, receiv
ing stolen goods, breach of trust with
fraudulent intent, assault with intent
to ravish, miscegenation and larceny
or crimes against the election laws.
Provided, that the pardon of the gov
ernor shall remove such disqualifca- 1
Second, persons who are idiots, in
sane, paupers supported at the _public
expense, and persons confined in any
Section 7 was ado pted, without any1
trouble at all, as follows:
Section 7. For the purpose of voting
no person shall be deemed to have
gained or lost a residence by reason of
his presence or absence while em
ployed in the service of the United
States, nor while engaged in the navi
gation of t' e waters of this State, or
of the U nited States, or of the high1
seas, nor while a student of any insti
tution of learning.
Section 8 was then called up.
Governor Sheppard offered the fol
Add to section 8 "for the first regis-]
tration to be provided for under this
Constitution the registration books,
shall be kept open for at least six con-<
secutive weeks and thereafter fromi
time to time, at least one week in each
month up to 30 days next preceding
the first election to be held under this 1
Governor Sheppard explained what <
the effect of the amendment meant,
and answered some questions in re
gard to it. It was then adopted.
Mr. Gage moved to strike out the
words "provided, further, that thisi
section shall applly to all municipal
elections." He said that it was im- I
practicable to apply the section to mu- 1:
Senator Tillman said the best thing t
to do was to put in a separate section
epplying ,to municipalities. Mr.
Gage's amendment was then adopted.
Mr. W. D. Evans moved to strike
out the entire first proviso of section
, which allowed the two political t
parties representation on the boards ofc
managers and canvassers.
Mr. Evans thought that it was best t
to leave the whole matter of details toc
the general assembly.
Mr. Johnstone said he wanted the
ayes and noes. He went on to say
hat if the convention did not bring '
about pure and honest elections i
were better that it had not been held, (
and that if the convention did not do
away with the incompetent and vi- (
cious vote it had better never have]
been held; and that honest elections]
were not possible if this amendment]
was passed. ..
Mr. Evans said that it was not his(
intention to have any room for fraud. 1
Mr. Johnstone said that he only
knew that the gentleman fronm Marl-I1
boro sought to strike out the only pro-J
vision that compelled them to be lion
est and fair.
Mr. Evans said that so far as he was
conrned some of the most unfair
elections he had ever seen had been
concocted with the representation on
the board of managers from both par- I
ties, and that lie had no intention of i
doing anything to help fraud. 3
Before the vote was taken Mr. Bry -
an stated that there was no principle I
to which the convention had given
more attention than that embodied in
this proviso. In New York the con- I
ention had o'one further than this
onvention hal even. They had care- 1
fully considered the effect of this pro- li
viso and thought it should stay. 0
The vote was as follows: Tj
Yeas-President John Gary Evans.
Alexander, Ashe, Atkinson, Austin, n
rer, Cunningham, DeHay. Dennis,
Douglass, Efird, Evans, W. D.: Field,
Eitch, Floyd, Gary, Gooding, Harnel,
Elarrison, Hay, Hemphill. Henderson,
Wm.: Houser, Johnson. T. E.; Joies,
L B.; Jones, Wilie; Keitt, Kennedy,
E. J.: McCalla, McCaslan, McMakin,
icWhite, Matthews, Moore, Morrison,
?arler, Rosborough, Rowland, Rus
;ell, Shuler, Sligh, Smith, A. J.; Tal
>ert, Taylor, Waters, Wharton, Wil
on, Stanyarne; Wilson, W. B.-54.
Nays-Anderson, Bellinger, Berry,
lowen, Brice, J. S.; Bryan, Derham,
)oyle, Dudley. Fraser, Gage, Glenn,
r. L.: Harris, Henderson, D. S.; How
1, Hutson. Johnstone, George; Mc
Iowan. McMahan, Mears, Miller,
4ower, Otts, Patton, Prince, Reed, I.
1.:Sheppard, Sloan, Smith, Jeremiah;
Cillman, B. R.; Wells. White. A. H.;
White, S. E.; Wigg--35.
The clincher was put on by Mr.
Section 8 was then adopted in this
Section 8. The general assembly
hall provide by law for the registra
ion of all qualified electors, and shall
>rescribe the manner of holding elec
ions and of ascertaining the result of
he same; provided, at the first regis
ration under this Constitution and
intil the 1st of January, 1898, the reg
stration shall be conducted by a board
)f three discreet persons in each coun
y, to be appointed by the governor.
>y and with the advice of the senate,
or the first registration to be provided
'or under this Constitution. The reg
stration books shall be kept open for
it least six consecutive weeks and
;hereafter from time to time, at least
)ne week in each month up to 30 days
2ext preceding the first election to be
ield under this Constitution.
Section 9 was then taken up and the
ection was given several small
imendments, Gov. Sheppard having
;he word "election" in lines 1 and 4
hanged to "polling."
Mr. Johnstone offered an amend
nent looking to the transferring of a
voter from one voting precinct to an
ther and this brought up quite a dis
:ussion as to the territorial lines of
After further debate, section 9, to
nether with an amendment offered by
Kfr. Stanyarne Wilson, was passed
Section 10 was then amended so as
Section 10. The general assembly
;hall provide by law for the regula
ion of party primary elections and
punishing fraud at the same.
In this form it was adopted.
alled forth some discussion on
mendments offered by Mr. Fitch and
-Tovernor Sheppard. It was passed
was adopted, as follows:
Section 12. Electors in municipal
flections shall possess all the qualifica
ions and be subject to all of the dis
ual fications herein prescribed. The
prouction of a certificate of registra
ion from the registration officers of
the county as an elector at a precinct
included in the incorporated city or
town in which the voter offers to vote,
is declared a condition prerequisite to
uis voting, and in addition he must
iave been a resident within the in
orporated limits at least four months
efore the election, and have paid all
axes previously due and collectable.
WOMIAN'S SUFFRAGE AGAIN. -
Section 13 was called up, readi g~as
Section 13. At any special election
n incorporated cities and 'towns of
his State for the purpose of' bonding
he same, all resident owners of prop
~rty of the assessed value o?' $300, in
aid cities and towns, who are other
ise qualified under this Constitution
hall alone be entitled to vote. At
~uch election the voter shall produce a
'eceipt for all taxes, county, State and
nunicipal, due and collectable, for the
,revious year as evidence of his right
Mr. Meares rose and offered to
imend by inserting after 'electors" on
he fourth line, the words "except as
o sex," which was to allow women to
rote. He spoke at length to his pro
>ositicn. This was a different thing,
le said, from the proposition already
~ully discussed and voted down. This
was a kind of election that might not
>ccur in many years, and it was but
-ight that the women should be al
owed to have a say about their prop
~rty. The convention should measure
Mr. D. S. Henderson said he was the
me member of his committee who was
tgainst it. It was simply a question
heher they were going to make an
ntering wedge and allow women to
ote at all or not. He was opposed to
Mr. McGowan said the women who
ad property would be perfectly safe,
,cause no property holding men
vould vote a tax on their own proper
y that would be onerous.
Mr. McMahan thought it would be
vel to allow the women to decide
vhen there was a close vote,
Mr. Meares said that political voting
as concerned before: that was not
he case now-it was a pure question
Mr. Hederson renewed his motion
o lay the amendment on the table and
i this Mr. Meares demanded the roll.
The vote resulted as follows, the
amendment being killed:
Yeas-Alexander, Anderson. Ashe,
Lustin, Barry, Bellinger, Bowen,
3reazeale, Brice, J. S.; Bryan, Buist,
jarver, DeHay, Dennis, Douglass,
)oyle, Efird], Field, Fitch, Fraser,
iary, Glenn, J. L.; Gunter;~ Hamel,
larris, Harrison, Henderson, D. S
lenderson, Win.; Houser, Howell,
iutson, Johnson, T. E.; Johnstone,
1eorge; Keitt, Kennedy, E. J.; Mc
iowan, McMakin, McWhite. Mat
hews. Mitchell. Morrison, Mower,
rfurray, Otts, Prince, Reed, I. Rl.
lowland, Russell, Sheppard, Smith.
eremiah; Talbert, Waters. Wells.
hite, A. H.; Wilson, Stanyarne:
Vilson, WV. B.-57.
Nays- Governor John Gary Evans.
Ltkinson, Barton, Brice, T. V. : Cn
ingham, Derham, Dudley, Evans.
V. b.: Floyd, Gage. Gooding, Hay.
Iemphill, Jones, I. B.: Jones, Wiiie:
'IcCalla. McCaslan, McMahan, Meares,
filler, Moore, Parler, Rosborough,
huler, Smith, A. .J.:Taylor. Tillmnan,
. 1R.: Wharton, White. S. E.: Wigg
The vote was clinched on motion of
Mr. Johnstone moved to amend by
serting after the word "receipt" on
ne 5, the words "or duplicate receipts
f the officer collecting the same"
his was tabled.
Mr. Gage offered an amendment to
ike the section apply to counties as
-eIa cities and tons. This was
Mr. Jeremiah Smith moved to strike
out all after the word "same" on line
2 down through the word "election."
He said that since Mr. Gage's amend
ment had been adopted it applied to all
counties as well as to cities and towns.
He explained that such being the case
a great hardship would be worked ou
the covntrvmen who paid taxes on
less than *300 worth of property.
Mr. McCaslan said that in the coun
try there were a good many men who
had transferred their property to their
wives. These men would be unable to
Mr. Prince moved to stike out the
entire section, but withdrew the mo
Mr Derham moved to table Mr.
Smith's amendment and on that the
ayes and nays were called. The roll
was called and the vote resulted as
follows: Yeas 35, nays 42.
Before the vote was announced Mr.
D. S. Henderson asked if it. showed a
quorum. When it was announced
the president declared that a quorum
had not voted and the vote was there
fore null and void.
The convention thereupon adjourn
ed until 10 o'clock this morning.
When the convention reassembled
this morning it quickly tackled the re
maininG sections of the suffrage arti
cle. Mr. Stanyarne Wilson offered
the following substitute for section 9,
which was adopted:
Section 9. The general assembly shall
provide for the establishment of poll
ing precincts in the several counties
of the State, and those now existing
shall continue until abolished or
changed. Each elector shall be re
quired to vote at his own precinct, but
provision shall be made for his trans
fer to another precinct upon his
change of residence.
went through without any trouble:
Section 10. The general assembly
shall provide by law for the regulation
of party primary elections, and pun
ishing fraud at the same.
Section 11. The registration books
shall close at least 30 days before an
election, during which time transfers
and registration shall not be legal, ex
cept as to persons coming of age in
Mr. Bryan offered the following
Add to section 11. The registration
officers of each county shall, 20 days
before any election held in the county,
or any city or town in the county,
make, certify and file in the office of
the clerk of the court of common pleas
of the county copies of the registration
books showing separately the register
ed voters for each polling district in
said county and the same shall remain
on file as public records of said office
and open to public inspection."
Mr. Bryan spoke for the amend
ment. Senator Tillman favored the
general idea, but thought the Bryan
plan cumbersome and expensive.
Mr. George Johnstone wanted to
know if the original books when filed
as public records were to be considered
the supervisor's private property.
He finally offered the following
Before the amendment of Mr.'Bryan
insert: "The registration books shall
be public records, open to lthispe
tion of the public."
Mr. Fitch - -to the amendment
for -tTme, urging its adoption.
-The question was then being put on
Mr. Johnstone's amendment to the
amendment when Mr. Johnstone got
the floor and explained it. He said no
man liked darkness better than ' oht
unless his deeds are evil If they 'd
not intend to have a fraudulent regis
tration in this State, let us speak out
now, or forever let it go. In the last
election an aged citizen who bad
charged into the Federal ranks, usino
his crutch as a sabre,was disfranceba
by a registration officer. You ca-.ot
base civilization upon infamy; fair
ness upon fraud; character on base
ness. March forward to a future that
will not land our people into "charac
terlessness." Fraud in elections leads
to fraud in public life.
After a running debate between
Messrs. Joh istone and Talbert the
amendment was adopted.
After still further aiscussion the sec
tion was, on motion of Mr. Breazeale,
Later on this vote was reconsidered.
It was further resolved to reconsider
the vote whereby Mr. Bryan's
amendment was adopted.
The Bryan amendment was then
The section was then adopted in the
form in which it is first given above.
The remaining sections were then
adopted as follows:
Section 12. Electors in municipaL
elections shall posses all the qualifica
tions and be subject to all the disqual
ifications herein prescribed. The pro
duction of a certificate of registration
from the registration officer of the
county as an elector at a precinct in
eluded in the incorporated *ity or
town in which the voter offers to vote,
is declared a condition pre-requisite to
his voting, and in addition he must
have been a resident within the incor
porated limits at least four months be
lore the election and have paid all tax
es previously due and collectable.
Section 13. In authorizing a special
election in any incorporated town or
city in this State for the purpse of
bondincr the same, the Gneral
Assemb'ly shall prescribe as a condi
tion precedcnt to the holding of said
election a petition from a majority of
the freeholders of such city or town
as shown by its tax books and at such
election all electors of such city or
town who are duly qualified for voting
under Section 12 of this article and
who have paid all taxes, State, county
and municipal, for the previous year,
shall be allowed to vote and the vote
ofra majority of those voting in said
election shall be necessary to author
ize the issue of said bonds.
Section 14. Electors shall in all cas
es except treason, felony or a branch
of the peace. be privileged from ar
rest on the days of election during
their attendance at the pools, and go
ing to and returning therefrom.
Section 15. No power, civil or mili
tary, shall at any time interfere to
prevent the free exercise of the right
of suf frage in this State.
THE Springfield Riepublican says
"one J1. A. Mette, who hails from
South Carolina, is so thoroughly dis
couraged at the botch his neighbors are
making of Constitution forming that
he has printed a pamphlet urging that
all Constitutions, United States, and
all, he abolished off-hand. 'What is a
little thing like the Constitution be
tween friends, anyway (-let's make
Mette happy and get along on the by