Journal of the Senate of the General Assembly of The

JOURNAL~H SENATE»

OFHE T angRAL A SSEMBLY

OFHE T

Statef o South Carolina,

BEINGHE T

Regular S ession Beginning Tuesday, January 13, 190;

CQLUMBIA, s . 0. THE STATE COMPANY, STATE PRINTERS. 1903. MK.“

JOURNAL SENATE~ HEOF T

OFHE T Statef o South Carolina.

Regular S ession Beginning Tuesday, January 13, 1903.

Tuesday, J anuary 13, 1903.

The G eneral Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the thirteenth day of the month. Pursuant t o the provisions of the Constitution, the members of the Senate assembled this day in the Senate chamber at 12 M. Hon.. H TILLMAN, Lieutenant Governor and President of the Senate, called Senate to order. Hon. R OBERT R. HEMPHILL, Clerk of the Senate, called the roll of the Senate and the following Senators answered to their names: M essrs. Robert Aldrich, S. Brice, M. Gaines, O. P. Goodwin, E. L. Herndon. D. E. Hydrick, S. G. Mayfield, J. A. McDermott, Geo. S. Mower, G. W. Ragsdale, Thomas M. Raysor, W. H. Sharpe, Ino. C. Sheppard, James Stackhouse, T. W. Stanland, Thomas Tal bird. l —s. J.—(500) I 2 4??1 4 _ J OURNAL THE SENATE, The P RESIDENT stated that in consequence of the vacancies in Aiken and Saluda Counties caused by the resignations of Hon. D. S. Henderson and Hon. B. L. Caughman, he had in pursuance to the provision of Article 111., Section 25, of the State Constitution, issued a special writ of election to fill said vacancies. Hon. \V. E. Johnson, Senator-elect from Aiken County, and Hon. J. M. Forrest, Senator eleet from Saluda County, appeared at the bar of the Senate and the oath of office was administered to them by the PRESIDENT. The C lerk then called the roll of Counties in which elections for Senators had been recently held. The credentials of the following named Senators-elect and present, were handed in, and the Senators presented themselves at the Bar of the Senate, when the oath of office was administered to them by the PRESIDENT:

Abbeville—Hon. J . R. Blake, Jr. Anderson—~H0n. J. K. Hood. Berkeley—Hon. E. Dennis. Charleston—Hon. George F. von Kolnitz, Jr. Cherokee— Chester—Hon. P . L. Hardin. Chesterﬁeld— Clarend0n-—-Hon. C . M. Davis. Colleton—Hon. J. E. Peurifoy. Darlington—Hon. George W. Brown. Florence—Hon. J. W. Ragsdale. Hampton—Hon. E. F. \Varren. Kershaw—Hon. J. T. Hay. Lancaster—Hon. \N. C. Hough. Lee—Hon. T. G. McLeod. Marlboro—Hon. C. S. McCall. Pickens—Hon. C. H. Carpenter. Richland—Hon. J. Q. Marshall. Sumter—Hon. R. I. Manning. Union—Hon. J. T. Douglass. Williamsburg—Hon. A. H. \Nilliams.

The r oll of Senators as then made up was called and the following Senators answered as their names were called: Messrs. A ldrich, Blake, Brice, Brown, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, May-ﬁeld, McCall, McDermott, McLeod, Mower, Peurifoy, G. W. TUESDAY, J ANUARY 13, 1903. 5 Ragsdale, J . W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, von Kolnitz, WVarren and Williams. The P RESIDENT announced that a quorum being present, the Senate was ready to proceed to business. The p roceedings were .opened with prayer by the Rev. M. M. Kinard.

ELECTIONFA O PRESIDENT PRO TEM.

The S enate proceeded to the election of a President 'pro tem. Mr. ALDRICH nominated Hon. J. C. Sheppard, of Edgeﬁeld. _ There being no other nomination. the Clerk of the Senate called the roll, and the Senate proceeded to vote 'vi'z/a voce, as their names were called, the following Senators voting for Hon. J. C. Sheppard: Messrs. A ldrich, Blake, Brice, Brown, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, Mayﬁeld, Mc Call, McDermott, McLeod, Mower, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Stackhouse, Stanland, Talbird, von Kolnitz, Warren, W'illiams—37.

Whole v ote given ...... 37 Of which Hon. J. C. Sheppard received ...... 37

\Vhereupon t he PRESIDENT announced that the Hon. J. C. Sheppard, having received the unanimous vote of the Senate, was duly elected President pro tempore of the Senate. ' The o ath of ofﬁce was administered to him.

ELECTIONF O CLERK OF THE SENATE.

The S enate proceeded to the election of Clerk of the Senate. Mr. M AYFIELD nominated Hon. Robert R. Hemphill. There b eing no other nomination, the roll was called and the Sena tors voted m'va voce as their names were called. The f ollowing Senators voted for Mr. Hemphill: Messrs. A ldrich, Blake, Brice, Brown, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, Mayﬁeld, McCall, McDermott, McLeod, Mower, Peurifoy, G. \V. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, von Kolnitz, Warren, Williams—38. 6 J OURNAL OF THE SENATE,

Whole v ote given ...... 38 Of which Mr. Hemphill received ...... 38

The P RESIDENT declared Hon. Robert R. Hemphill duly elected Clerk of the Senate, having received the whole vote given. The o ath of ofﬁce was duly administered to Mr. Hemphill by the PRESIDENT.

ELECTIONF O SERGEANT'-AT-ARMS.

Mr. M OWER nominated Mr. J. F. Schumpert, of Newberry. There being no other nomination, the Clerk of the Senate called the roll of the Senate and the Senators voted vim voce as their names were called. Those v oting for Mr. Schumpert are: _ Messrs. A ldrich, Blake, Brice, Brown, Carpenter. Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, Mayﬁeld, Mc Call, McDermott, McLeod, Mower, Peurifoy, G. W. Ragsdale, ]. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, von Kolnitz, Warren, Williams—38.

Whole v ote cast ...... 38 Of which Mr. Schumpert received ...... 38

W h ereupon the PRESIDENT declared that Mr. Schumpert hav ing received the whole vote given, was duly elected Sergeant-at-Arm's of the Senate, and the oath of oﬂice was administered to him.

FELECTION O READING CLERK.

The S enate proceeded to the election of Reading Clerk. Mr. B RICE nominated Mr. W. H. Stewart, of York. There b eing no other nominations, the roll was called and the Sen ate proceeded to vote viva wore, the following Senators voting for Mr. Stewart: Messrs. A ldrich, Blake, Brice, Brown, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, Mayﬁeld, Me Call, McDermott, McLeod, Mower, Peurifoy, G. W. Ragsdale, I. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Tal bird, von Kolnitz, \IValker, Warren, VVilliams—39. TUESDAY, J ANUARY 13, 1903. 7

\Vhole v ote given ...... 39 Of which Mr. W. H. Stewart received ...... 39 The P RESIDENT announced that Mr. Stewart, having received the whole number of votes given, was unanimously elected Reading Clerkf o the Senate, and the oath of ofﬁce was administered to him by the PRESIDENT.

ELECTIONF O CHAPLAIN.

The P RESIDENT announced that nominations were in order. Mr. A LDRICH nominated Rev. O. A. Darby, D. D. Mr. M AYFIELD nominated Rev. W. I. Herbert. Mr. W ARREN nominated Rev. A. J. Harrison. Mr. M OWER nominated Rev. M. M. Kinard. There w ere no other nominations. The Clerk called the roll and the Senators voted 'viz'a voce as their names were called. Those v oting for the Rev. O. A. Darby, D. D., were: Messrs. A ldrich, Blake, Brice, Brown, Carpenter, Davis, Dennis, Forrest, Hardin, Hay, Hough, Hydrick, Manning, Marshall, McCall, McDermott, McLeod, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Stackhouse, Stanland, Talbird, Walker, Williams— 27. Those v oting for Rev. W. I. Herbert were: Messrs. H ood, Johnson, Mayﬁeld and Sheppard—4. Those v oting for Rev. A. J. Harrison were: Mr. V Varren—I. Those v oting for Rev. M. M. Kinard were: Messrs. D ean, Douglass, Gaines, Goodwin, Herndon, Mower and von Kolnitz—7. Whereupon t he PRESIDENT declared that the Rev. O. A. Darby, D. D., having received the majority of. the votes given, was duly elected Chaplain of the Senate.

APPOINTMENTS. The P RESIDENT stated that he had appointed by the request of Lieutenant Governor-elect Sloan, the following named persons: 8 J OURNAL OF THE SENATE, - Robert M axcy McCown, Assistant Clerk, Florence County. Tillman B unch, Journal Clerk, Spartanbug County. Henry. D Butler, Bill Clerk, Saluda County. J.. R Boulware, Doorkeeper, Newberry County. Jasper. E W'atson, Doorkeeper, Greenville County. J.. F Gooding, Doorkeeper, Hampton County. James. P McGorty, Keeper Committee Rooms, Spartanburg County. .J. A White, Keeper Committee Rooms, Edgefield County. .E. B Jenkins, Keeper President's Room, Horry County. .Master G Duncan Bellinger, Jr., Page, Barnwell County. Master H enry Jefferson Fetner, Page, Richland County. Robert A dams, Porter, Richland County. Jack P ressley, Servant, Edgefield County. Albert N ahce, Servant, Newberry County. N.. O Pyles, Mail Carrier, Greenwood County. The A ssistant Clerk and Doorkeepers appeared at the Bar of the Senate and the oath of office was administered to them by the PRE— SIDENT.

PRESIDENT’S A DDRESS.

The P RESIDENT then addressed the Senate as follows:

Senators: I n obedience to the mandate of the Constitution, you are now assembled at your post of duty. All save one, have answered to the roll call; and that one, sad to say, is at this hour beside the bier of a deceased father—“The worthy son of a noble sire.” The circum stances surrounding this sorrow are peculiarly touching to me. His H onor—and Honor, indeed, I mean, in the truest sense of the word—Chief Justice McIver, Judge Jos. B. Kershaw and my father, were schoolmates together. They all trod life's weary yet stately pathway beyond their allotted time, and as we are taught while death is seemingly a parting on this earth, I can only say, “Wait and hope.” Through w ise and liberal legislation, capital has sought our bor ders, and it is with sincerity that the Chair expresses the wish that no drastic legislation be attempted, that would cause men of means to TUESDAY. J ANUARY 13, 1903. 9 avoid o ur State; yet, at the same time, remember that there are thou sands of laboring men in our commonwealth who need and look to you for protection. In t he cup of war’s distracting wine, South Carolina once watched her pearls of plenty dissolve; yet the same Divine hand which once seemingly destined destruction to this proud State has fashioned from chaos a model of industrial prosperity, which attracts the admiration of all the Union. Upon t he ashes in 'this Capital City, which once marked the iteniary of a vandal army, have risen phoenix-like manufacturing industries unsurpassed in all the world. Even t hat sleepy city beside the sea, whose door bells once hung on the gate posts, awakened from her Van Winkle slumbers by the hum of loom and spindle, builded beneath the shadows of Sumter an Ex position, commended, as it deserved to be, by all who saw it. No m ore worthy appropriation was ever made by the General Assembly than the ﬁfty thousand dollars which was donated in aid of this cause. We are to-day reaping the harvest of that great enter— prise—a seeming ﬁnancial failure in the narrow sense of the word. Were t he Chair called upon to name one man, who has done most to advance our State’s commercial prosperity, it would without hesi tation write it “P. W. VVagener.” This b ody has been blessed, and for which the Chair, as others are, is devoutly thankful. y\Nhile b fate, chance or choice, some familiar faces are absent, none have gone whither to that unknown where. Like “ ships that pass in the night," you, both old and new, are sail ing life’s one and solemn journey, and when the destined harbor shall have been reached, may you join “The Choir invisible, whose music is the gladness of the world.”

OMESSAGE T THE GOVERNOR.

On m otion of Mr. SHARPE, a Committee, consisting of three Senators, was appointed to wait on the Governor and inform him 10 J OURNAL OF THE SENATE, that t he Senate had met pursuant to the provision of the Constitution, and was ready to receive any communication he desired to make to it. Whereupon t he PRESIDENT appointed Messrs. Sharpe, Shep pard and Brown upon said Committee.

MESSAGEO T THE HOUSE.

On m otion of Mr. SHEPPARD, the Clerk of the Senate was sent to the House of Representatives to inform that body that the Senate had met in pursuance to the provision of the Constitution. and that a quorum being present, it was ready to proceed to business.

REPORTr o COMMITTEE TO WAIT UPON THE GOV ERNOR.

The C ommittee to wait upon the Governor reported through their Chairman that they had performed the duty assigned them and that His Excellency the Governor had informed them that he would communicate with the Senate by Annual Message immediately. The S ergeant-at-Arms announced

MESSAGE F ROM THE HOUSE.

Mr.. T C. Hamer, Clerk of the House of Representatives, appeared at the bar of the Senate and announced that the House of Representa tives had met pursuant to the Constitution and organized by the elec— tion of Hon. L. M. Smith as Speaker and T. C. Hamer as Clerk and was now ready to transact any business which might come before it. The S ergeant-at-Arms announced

MESSAGE F ROM THE GOVERNOR.

Messages N os. 1-11 from his Excellency Governor M. B. Mc Sweeney was presented to the Senate by J. K. Aull, Private Secre tary. The M essage was read, as follows: MESSAGE. ~

Gentlemen o f the General Assembly: You c ome fresh from the people to legislate for the welfare of South Carolina. There are many grave problems demanding solu tion. It is a time pregnant with opportunities and possibilities. There is demand for the exercise of wise counsel and prudent judg ment. The office of legislator is one of great responsibility. You have the power to lay the burden of taxation upon the people and at the same time the power to spend the money gathered from the people. You also have the power to make the laws by which they are to be governed. They have trusted you with this great power and expect you to use it with wisdom and with prudence, looking only to the best interests of all the people. Whatever promotes their hap piness and welfare should be your constant concern. If all men would refrain from interfering with the rights of others or of mo— lesting them, government would not be necessary. But, unfortu nately, we have not reached that high standard of morals. Govern ment, however, should attempt to do no more than to protect per sons and property and enforce contracts voluntarily made. It is true, as a rule, that the least governed are the best governed. In s ending to you this, my last annual message, it is gratifying to note the good feeling which prevails among the people throughout the State, and the absence of factional bitterness which at one time divided our people. During my administration I have endeavored to ignore factional divisions and to be the Governor of all the people—t0 insure to each community as far as possible the right of local self-government. In making local appointments I have sought in each case the advice and recommendation of the represen tatives of the county, believing that they were better acquainted with local affairs and the wishes of their people than I could possibly be. If by this course I have in any measure contributed to the unification of sentiment among our people and the wiping out of factional lines, I am gratified. In this day of rapid industrial development and pro gress there is not time for factional bickerings. Our chief purpose should be the material progress and development of our State, along with the moral and intellectual uplifting of our people. *4

The S tate has enjoyed an era of material prosperity which is un precedented. New enterprises are being projected, and the building of cotton mills goes constantly on. Business of every character has been exceptionally prosperous the past year. Peace and good order prevail throughout the State, and at the same time progress has been made along educational lines.

FINANCES. The i ncome to the State for the year ending December 3t was not sufficient to meet its obligations. The Governor and the State Treas urer were forced to borrow the full amount of the $300,000 author ized by the last Legislature. This was made necessary by the fact that the last Appropriation Act carried with it more than the rev enue from the levy for State purposes would realize. It is not good business judgment for the State to borrow money to meet current expenses. Knowing the total assessed property of the State, the levy should be sufficient to raise enough money to meet the appro priations. Or if it is desired to fix the levy the Appropriation Bill should be kept within the amount such levy will realize. You should so regulate the two that the State will not be compelled to borrow money for current expenses and be forced to pay interest charges. The f ollowing statement furnished by the State Treasurer shows the condition of the finances of the State at the close of the fiscal year, December 31, 1902:

STATE T REASURY, S. C., DECEMBER 31, 1902.--—CASH RECEIPTS FOR FIS CAL YEAR ENDING DECEMBER 31, 1902.

Cash b alance December 31, 1901 ...... $ 237,743 25 Back taxes ...... 1,601 12 General taxes, 1901 ...... 693,923 22 General taxes, 1902 ...... 325,709 51 Railroad assessments for Railroad Commission ...... 7,468 45 Income tax ...... 413 90 Fees from office of Secretary of State ...... 12.160 02 Incorporation fees ...... 70 00 Annual insurance license fees ...... 12,150 00 Graduated insurance license fees ...... 16.345 28 Privilege fertilizer tax ...... 81,749 94 Loans (borrowed on notes of Governor and Treasurer) ...... 349.420 14 Insurance sinking fund ...... ' 4,385 25 State permanent school fund ...... ‘ 2,203 62 State special school fund (dispensary) ...... 142,755 91 Morrill fund (from U. 8. Government) ...... 25,000 00 Commissioners sinking fund (ordinary) : Loans returned ...... $33360 75 Interest on loans ...... 1.812 20 Agent sinking fund commission ...... 11,106 49 —- 46,779 44 *5

Sinking f und reduction Brown 4 1-2 per cent.: Loans r eturned ...... $85582 72 Interest on- loans ...... 11,744 32 _ Phosphate royalty ...... 25.715 40 Appropriation (account State House) ...... 15,000 00 -——-- 138.042 44 Dispensary. South Carolina ...... 2,113.821 75 Refunds, sundry accounts ...... 2.659 52

Total ...... $4,214,402 '76

CASH P AYMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 1902.

Salaries ...... $184357 96 Legislative expenses ...... 44.255 47 Educational and charitable institutions ...... 207,360 94 Clemson Agricultural College: Privilege fertilizer tax ...... $81748 80 Morrili fund ...... 12.500 00 Interest, land scrip and preferred stock ...... 9,266 36 . —- 107,515 16 Colored Normal, Industrial, Agricultural and Mechanical College: Appropriation ...... $ 8.500 00 Interest on land scrip ...... 8.681 00 Morrill fund ...... 12,486 93 -—- 20,617 93 Pensions: Ordinary account ...... $200,108 80 Artiﬁcial limbs ...... 1,999 26 ——- 202.108 06 State permanent school fund ...... 2.247 05 State special school fund (dispensary) ...... 82.224 73 Completion State House (paid sinking fund commission) ...... 15.000 00 Loans (notes of Governor and Treasurer) ...... 112.000 72 Public printing ...... 21.064 73 Quarantlnlng State ...... 7.041 02 Commissioners sinking fund (including loans) ...... 46,606 64 Sinking fund reduction Brown 4 1-2 per cent.: Loans ...... $97.870 00 State House contract ...... 45,971 48 -— 143.841 48 Erecting light plant for State House, etc ...... 29.477 67 Maintaining militia ...... 7.688 86 South Carolina. Interstate and West Indian Exposition ...... 17.055 97 Election expenses ...... 21.523 45 Water for public buildings ...... 2.000 00 South Carolina Agricultural and Mechanical Society ...... 2.500 00 Interest on public debt ...... 274,066 68 Miscellaneous accounts ...... 63,455 27 Dispensary, South Carolina: Account proper ...... $1,986.570 53 Transferred to school fund ...... 82.224 78 2.068.795 26

Total expenditures ...... $3,783.605 05 Cash balance December 31st, 1902 ...... 430,797 71

$4,214,402 78 $6

TAXATION. The C oristitution of 1895 says: “All taxes upon property, real and personal, shall be laid upon the actual value of the property taxed, as the same may be ascertained by an assessment made for the purpose of laying such tax.” And in another section it says: “All property subject to taxation shall be taxed in proportion to its value.” And why not at its “actual value?” You will note the language of the Constitution. It says, “shall be,” not “may be.” It is mandatory, and yet we are going along violating this provision every year by trying to fix some percentage of “‘actual value” and this percentage is different in every county. The State Board of Equalization, at a meeting held the past summer, found such inequality in the assess ments that they decided to memorialize the Legislature to fix sixty per cent. of the actual value as the proper basis of valuation for the purposes of taxation. Why sixty per cent? Why not follow the plain language of the Constitution? It was found that in some coun ties eighty per cent. of the actual value was the basis, while in others it was as low as fifty per cent. of the actual value, and in some cases, even lower. To adopt a percentage of actual value would be a plain violation of the provisions of the Constitution. It makes little dif ference to the taxpayer what the basis of valuation is so that all property is assessed in the same ratio of value, for a certain amount of money has to be raised to meet the expenses of government, and if the valuation is high the rate is low, and vice versa. The inequal ity which now exists, however, makes the burden bear unevenly, and the best plan is to require that the mandate of the Constitution be followed. If one county is assessed at 80 per cent. and another at 50 per cent. of actual value, one is paying too much or the other is pay ing too little of its proportion of the State tax. The tax for county purposes makes little difference. This is a question which has puz zled legislators since government has been organized and taxes laid, and the man who can devise a plan which will make the burden of taxation bear evenly on all property will receive the well done of the people of the State. Equal a nd just taxation, levied on all property proportionately and in accordance with its value, is the product of the highest justice, and when done to meet simply the demands of government, economic ally administered, is never burdensome. On the other hand, unequal or unjust taxation is always burdensome. If all property were re turned honestly and fully at its just valuation the problem would be . * 7 solved, b ut so long as human nature is frail and the impression pre vails that it is not expected to return property at its value, we may not expect this result. The p lan recommended in my last message, I believe, will aid in getting all property on the tax books and contribute largely to an equitable valuation, and I repeat it here. Under t he present system the returns are made to the County Auditor. There is a Township Board of Assessors, which meets at the court house after the Auditor has taken the returns, and under takes to go over all of them in one or two days. Then there is a. County Board of Equalization, which also meets at the court house and goes over the returns for the entire county in one or two days. All of this is done in somewhat of a perfunctory manner and accom— plishes little or nothing in securing an equitable assessment of prop erty. There are counties in the State in which some of the land is assessed at one—third or one-half its actual value, while other land is assessed at its real value. In fact, there may be two adjoining plantations, the one worth twice as much as the other, and yet under our system each is assessed for taxation at the same price per acre. In many cases it is the rule to assess live stock at so much per head, regardless of the fact that one horse may be worth two or three times what another is, even in the same county. And yet this is what Township Boards of Assessors and the County BOard of Equaliza tion understand as equalizing property for taxation. This certainly is not the purpose for which these boards are created. And yet it is impossible for a Township Board to meet and spend only one day going over the returns that have been made, and get them equalized. It is also as impracticable for a County Board of Equalization to meet and in one or two days equalize the assessments upon all the property in the county. Much more could be accomplished if the law were amended so as to require that the County Auditor shall, after notice in the public prints, take returns in each township, and that he shall not take these returns except while present in the town ship. In case any taxpayer refuses or fails to make return while the Auditor is present in the township, the Auditor and the Township Board shall be required to assess such property, and notify the owner of the valuation placed upon his property. That there shall be ap pointed a Township Board of Assessors, consisting of three discreet freeholders, residents of the township, who shall meet with the Audi tor to receive the returns and assess property. That this Board shall be appointed by the County Auditor and receive compensation $8 .

for i ts services. That all returns shall be made in public in the pres ence of the Auditor and the Township Board, and that the owner of the property shall be required to answer the questions as now pro vided by law, and make afﬁdavit as to the correctness of his ansWer. If the Township Board thinks the return is too high or too low it shall be its duty, in the presence of the owner of the property and the Au ditor, to raise or lower the return in order to reach the true market value of the property. The chairmen of these Township Boards shall constitute the County Board of Equalization, and this board .shall meet at the court house and go over the returns for the county with the County Auditor and hear complaints and appeals, their de cision to be subject to appeal to the State Board. The Auditor shall not be permitted to go into a primary, but shall be appointed by the Governor, as provided by law, so as to be as free and independent as it is possible. In this way I believe much will be gained toward having all property assessed equitably. The honest taxpayer would much prefer to return his property at its true value, if by so doing he would bear no more than his just portion of the burden, and the man who desires to evade should be made to bear his part of the burden by having his property returned at its true value. The following comparative ﬁgures for 1901 and 1902 are taken from the Comptroller General's report: . 1 901. 1902. Real...... $103,258,440 $107,010,298 Personal...... 59,030,424 61,018,560 Railroads...... 27,044,243 27,508,203

Total...... $189,333,107 $195,537,061

These fi gures show a total increase in the taxable values for the past year of $6,203,952. The t otals for 1902 are not absolutely correct, as one or two of the counties have not reported and the Comptroller General approx imated the amount from the reports of 1901. For further informa tion in regard to this department of the State government, your at tention is directed to the excellent and suggestive report of the Comptroller General. *9 ROAD I MPROVEMENT. It w ould be a waste of words, to attempt to argue before any as semblage of South Carolinians the importance of good roads and the necessity for road improvement. Neither would it be profitable to attempt to argue before you the advantages of good roads, for all are agreed upon that subject. The question which concerns us is how best to secure them; to devise some plan by which we can, at least, begin the building of good roads. It is a business proposi tion, and should be taken hold of in a business way. With t he extension of the rural delivery of mail, the necessity is upon us for road improvement, for already the department at Wash ington is discussing the impracticability of extending, or even of carrying on this service of mail delivery unless there is road improve ment.‘ It has been stated that the Postmaster General is to be asked to consider a plan for the betterment of our public roads, and the request is based on the fact that only one serious obstacle stands in the way of extending and developing our free rural delivery ser vice, and that is the condition of the public highways. Mr. Martin Dodge, director of the Bureau of Public Roads Inquiries of the De partment of_Agriculture, in his recent report said : “The circumstance that over $6,000,000 was appropriated by our last Congress, largely to be buried in muddy roads in the delivery of our rural mails, while only the small sum of $20,000 was last year devoted to meeting the road problem, indicates the great need of education regarding the present necessity and demand for vigorous and intelligent road work. “As m uch of these large appropriations for rural mail delivery could be saved if we had good roads, it is obvious that an amount equal to a considerable portion of these sums could be spent to a good advantage in educating the people in the work of improving our country roads, and thus forever close a large drain on our na tional cash box.” sIt i not so much a question of education, at least with us, as it is a question of the means wherewith to build good roads. And yet in a sense it is a matter of education. Because if our people could be taught to realize the value and importance of good roads there would not be so much trouble to secure the means. If we could have some practical illustrations of the value and the-saving to our people of good roads they would not hesitate to put up the money to secure them, for, though we are not rich, they would then realize that they could not make a better paying investment than money put in good *It) and p ermanent road improvement. If the general government could follow the suggestion of Mr. Dodge and spend some money in dem onstrating the value, and the service to the people of good roads, and the advantages to accrue we would have little trouble in continuing the work. And as he suggests it would be a saving to the government at Washington in extending the rural mail delivery service, and would be as legitimate expenditure of government funds as the building of dykes and the drainage and irrigation of lands, for which the government is now spending large sums of money. But a fter all we must depend upon our own resources for this great advance movement. To accomplish results will take money, and the way to raise this money is by a property tax. Under the present system of road working, our public roads are almost impass— able at certain seasons of the year. With the one dollar commuta tion tax we are going backward, because the money from this is inad equate even to work the roads. Besides, it is not right to make the people who live in the rural districts keep up the roads, any more than it is to make any other class of our citizens keep up and build any other public institution. The public road is as much the prop erty of the county as the court house or the jail. A property tax for road building would reach the incorporated towns and cities and the railroads and other corporations, and make them contribute their share to this public benefaction, and no one will deny that they are as much benefited by good roads as the people of the country. The l abor of our chain gangs in most counties is labor thrown away and the money to support them is money wasted. The chain gangs should be required to do permanent road work, starting from the county court house as the geographical centre and building out in each direction permanent roads. If only a few miles are built each year it will be so much contributed to the general welfare. The State convicts could not be put to better public service, even if it necessi tated selling some of the State farms. We c an never have any permanent road work done until we change the present system and make provision to raise money by a property tax, and make it mandatory that said money shall be put on perma nent road improvement, and also make it mandatory that the chain gangs shall be put on the same work. The a dvantages of good roads and the saving to the people and the increased value of land as a result of them are so patent that they scarcely need to be stated. But unless you change the present sys tem we will continue to go backward. It is remarkable that our *II

people h ave so long submitted to the condition of our public roads without making greater efforts for their substantial improvement. As to this country at large “it is conservatively estimated by govern— ment ofﬁcials that we are needlessly losing or wasting over $600,000,000 each year because of our bad roads, making a mud tax of over $2,000,000 for every working day in the year and an indi vidual tax of nearly $8.00 each year for every person in this coun try.” This does not include the disadvantages and inconveniences and discomforts incident to bad roads. We are losing or wasting our pro rata of this enormous sum in South Carolina and sharing our portion of discomfort and inconvenience and disadvantage on ac count of bad roads, beside the loss in property values. “It is evident that, if this stupendous question is to be rightly met in the spirit of economy, progress and enterprise so characteristic of the people of this country, it will be necessary for our legislators to give it much more comprehensive and careful attention than heretofore.” Good roads in a country are an evidence of its civilization. If you will provide for a small property tax so as to get the movement started in a practical way, there will be no trouble in the future except to keep the people from going too far. There has been talk enough on this subject. The time has come for action. It is for the General As sembly to take the action necessary.

EDUCATION. The s trength and stability of any community are largely in propor tion to the intelligence of that community. The intelligence of the community is always in proportion to the education of the masses. The power and strength of a State are not in its material advance and development, however valuable these may be, but in an educated citizenship——an education which trains its citizenship intellectually, physically and morally. If our State is to keep pace with the other States of the Union our people must be educated—not a few here and there, but there must be a general education of the masses. The wealth producing power of a country is in proportion to the educa tion of its citizens, and as we increase the efﬁciency of every citizen by education, so we increase the wealth producing power of the State. “If we should double the wages of every man in the State, we should not thereby increase its wealth a dollar, but if we could double the efﬁciency of every man in the State and then double the wages we should quadruple the wealth of the State.” Said Mr. Ruskin: “A *12

fpiece o land which will only support ten idle, ignorant, and improvi dent persons will support thirty or forty intelligent and industrious ones.” The value of a country depends rather upon the virtue and intelligence of the people who inhabit it than upon the richness of the soil. All wealth has its basis in intelligence. \IVe s hould permit no child to grow up to meet the high and re sponsible duties of citizenship without at least the rudiments of a good education. “In the south 85 per cent. of the criminals are de ﬁcient in education, while 60 per cent. are totally illiterate.” Statis tics show that 22 per cent. of all the inhabitants in the south over ten years of age are illiterates while in New York it is only 3 1-2 per cent. Iny m last annual message I endeavored to show the importance of a compulsory education law. Thirty—three States and Territories, in cluding the District of Columbia, now have compulsory education laws. The highest per cent. of illiteracy among the native white population over ten years in those States having compulsory attend ance laws is Wyoming with 7.3 per cent., and the law has been in force only a few years. In Connecticut the per cent. is I and in Mas sachusetts and Nevada only .8. In States not having compulsory attendance the lowest rate of illiteracy of native whites over ten years is in Texas with 8.3 per cent. In South Carolina the per cent. of illiteracy of native whites over ten years of age is 18.1 per cent., and in North Carolina it is 23 per cent. In the face of these_ facts I do not see how any one can oppose compulsory attendance at school. It is not necessary to worry about the negro. He is getting all the education which is provided now and could get no more under compulsory attendance. What we should be concerned about is the education and the moral uplifting of our white boys and girls. Ig norance is a menace and a burden to civil'liberty and the good morals of the country. In addition to this, every boy and girl in this coun try has a right to the opportunity to do something and to be some thing. Such a law cannot interfere with the rights of parents, be— cause no parent has a right to make a slave out of his offspring or to rob his child of the right to make a useful citizen or to have the op portunity to live a useful and a happy life. No one in this day will question the right of the State to enforce compulsory attendance. We levy a tax and enforce the collection for public education; then why not enforce attendance so that all the children may receive the beneﬁts and have the money put to the best possible use and for the greatest possible good to the greatest number. “Individual welfare $13

ndepends o the general welfare. Having taken the money of one man to educate the children of another, the State must protect that man and his children from the oppression and dangers of illiterate neighbors and fellow citizens.” The history and experience of those countries in which compulsory attendance has been tried prove its good results and refute the idea that it works any hardship. It is true that in the States which have compulsory attendance laws, only two are southern, but that is no reason why we should longer lag behind. '

THEOM C MON SCHOOLS.

There i s a marked increase in the interest in public education, and there are many encouraging evidences of improvement. Yet the bare facts of the condition of the average school in some counties are shocking. Reference to the statistics in the report of the State Su perintendent of Education discloses that there are numerous schools with less than a three months’ term, and still more with teachers so badly paid that they cannot be supposed in any degree competent. If the Legislature will discharge its responsibility to the cause of education in its entirety in the State, there must be State aid to the public schools. An appropriation to be apportioned according to the money raised in the counties is nothing more than a county tax— an increase of the constitutional three mill tax. Efforts heretofore made to pass such a law have met with the response from some del egations: “\"Ve have money enough already.” The Charlestonians can point to their school terms and their teachers’ salaries as evidence that they need little or no money. The truth is, that a legislative ap propriation should be made along the lines prescribed by the Consti tution to bring up the deficient schools to a minimum standard. The dispensary money has been apportioned under a law fixing three months or $75.00 salary as the minimum standard, but the educa tional sentiment of the State has passed the point where it can be longer satisfied with this minimum. It would be little enough for the Legislature to contribute to the efficiency of the public schools a sum equal to the amount it appropriates to the State colleges. A much smaller sum, as estimated by the State Superintendent in his annual report, would be more than adequate to insure a six months’ term with a $210.00 teacher to every school in the State that could make itself deserving of this aid by conforming to the proper policy in its location and the quality of its teacher. Other p rime needs of the public schools could be more than met *14 by t he remaining fund from the legislative appropriation suggested. First of these should be the guarantee of an expert supervisor of schools to each county. This is a day when no business is under taken without expert management. The State is a generation behind the times when it undertakes to conduct a great business costing nearly a million dollars a year with no safeguards to insure compe— tent management. The money wasted in this way must be a large per cent. of the total expenditure. It would be in the interest of economy to expend $1,000 a year in each county to insure the proper supervision and direction of all the money that is now being ex pended in schools. This advanced step to bring the country schools into system cannot be taken except through State action—the result of the combined financial and intellectual power of the State. I com mend to the General Assembly the plan of County Boards of Educa tion and expert Superintendents of Education set forth in the annual report of the State Superintendent of Education. We h ave long felt the need of better methods in agriculture in our State. Farming is still the chief basis of our prosperity, and any ex penditure that can make the farms more productive and farm life more attractive to the masses of the white people in South Caro— lina would be a blessing to the present and future generations. There is an alarming exodus from the country to the town. The lands are in some sections being deserted to the negroes. The sturdy yeomanry who have been the strength and the pride of South Caro lina must be preserved or the character of our State may be radically changed for the worse. We need to make the farms not only more productive, but in every way possible more attractive to the women and children, if we are to check this migration to town. Better edu cational facilities in the country are the great need, and not merely better common schools, but high schools giving training for the du ties of life in the country, and developing a taste and love for rural surroundings and labors. I commend the plan for Home Schools for Girls and Farm Schools for Boys recommended by the State Super intendent of Education in his annual report. This offers a practical solution of the problem. These schools would be inexpensive and could be easily provided. There is no public expenditure that would bring such large returns for the small outlay. If this Legislature will seriously take up the matter, it may inaugurate a new epoch in the industrial and social life of South Carolina. I urge legislation permitting each county to vote upon itself a tax not exceeding 2 mills for such schools and providing the proper machinery for the man agement, t ogether with a legislative appropriation to provide the plant for the first county voting the extra tax for the support. The p rofessor of, pedagogy in South Carolina College has ad dressed a communication to the board expressing his dissatisfaction with the present attendance in that department, and urging that the scholarships be made of some financial value so as to enable men teachers to pursue the course there as contemplated in the Act pro— viding these scholarships two to a county. It is in line with the ur gent recommendation of the State Superintendent of Education in his report that the Legislature provide supporting scholarships for some women teachers in \Ninthrop College and men teachers in South Carolina College. I commend this to the General Assembly. The c onference of trustees of the State colleges has recommended an appropriation of $1,000 annually to provide post-graduate schol— arships in the South Carolina College, the beneficiaries to be selected by the several State colleges and other colleges in the State of ap proved standing from among their respective graduates—one from each college—making about ten picked graduates to pursue higher studies in Columbia. This would be the beginning of a policy to coordinate the work of the several colleges in the State, and must result in better understanding and more effective cooperation. The provision of these scholarships would be a stimulus to higher learning. I can hardly think of a direction in which so small an ex penditure would be so fruitful of benefits. The executive committee _ 0f the conference will memorialize the Legislature giving the plan more in detail. I commend the policy to the approval of your hon orable body. The a verage number of weeks of the school term in 38 out of 40 counties, was 21 for the whites and 14.27 for colored schools.

SOUTH C AROLINA COLLEGE. This h onored institution continues to measure up to the high standard of efﬁciency which it has maintained during the past hun dred years. Its affairs are wisely administered, and the eminently successful, useful and honorable careers of its graduates, empha sizes the wisdom of the State in continuing its maintenance. The college now has 203 students, who are working earnestly and harmo niously with their professors, and there is good reason to hope that this year may add an eminently successful one to its history. An appropriation of at least $35,000 will be asked. For further and de tailed information I refer you to the report of the Board of Trustees. *16

WINTHROP N ORMAL AND INDUSTRIAL COLLEGE. There i s no more important institution in the State than Winthrop College. Its vital importance consists in the fact that it educates and trains the future mothers and teachers of the State. It is now universally recognized that if a people are to be educated and, there fore, great and inﬂuential, the women of that people must be edu cated. An educated mother means educated children. Women are the natural teachers of children and Winthrop College is doing a great service to the State by giving a professional training to these natural teachers. The college has sent out 416 graduates in its short life~earnest. devoted women, most of whom are teaching in this State and by their work and example are elevating the tone and standard of the common schools. The college has reached and bene ﬁted a great many more girls than this, however. During the past seven and a half years there have been enrolled in the department of sewing, dressmaking and millinery 956 students, through whom the work has reached at least 900 homes throughout the State. The n ew building has made it possible to have practically all stu dents not living in Rock Hill equally under college authority, and has enabled them to share equally in all college opportunities. It has also served to bring the faculty and students into close and pleasant relations. The f act that 54 per cent. of the students at Winthrop last year ~c0uld n ot have attended any other college if Winthrop had not brought education within their reach is evidence of the much needed work it is doing for the State. I w ish to commend the public spirit shown by the graduates and their thorough recognition of their duty to the State by the organi zation among them of a society for the improvement of the country schools of the State. The S tate was a long time in seeing the necessity for such an in stitution for its girls and in doing them and itself justice, but now that it has started in this great and long neglected educational work it is meet that it should make Winthrop the equal of any similar institution in the country.

CLEMSON C OLLEGE. Clemson C ollege opened last September with a matriculation list of 519 students, which number is very near the limit of its accommo dation. The character of work done by the students is much in ad #17

fvance o former years, and the institution is rapidly growing in favor with the people. And justly so, for it is doing a great service to the State in sending. out such a large number of young men with prac tical training to take charge of pursuits looking to material beneﬁt to the people in developing the resources of the State. The various departments are being steadily developed, and the facilities for work are being rapidly increased. Clemson receives no direct appropria tion through you. For detailed information as to its ﬁnancial condi tion and in regard to the different departments I refer you to the annual report of the college, which will be submitted to you.

SOUTH C AROLINA MILITARY ACADEMY. The r eport of the superintendent of this institution will be submit ted to you. The school is doing a good work for the young men of the State, and is run economically. The Board of Visitors will ask for an appropriation of $25,000 for maintenance, $1,000 for repairs to buildings and $250 for additions to library, making a total of $26,250. It should be remembered that the Academy educates young men from each county absolutely free out of the appropriation asked, and I recommend to you the request of the Board of Visitors as entirely reasonable. '

THE I NSTITUTION FOR THE EDUCATION OF THE DEAF AND DUMB AND THE BLIND. The a nnual report of the superintendent of this institution gives in detail all necessary information in reference to the work being done by the State for the education of her blind and deaf children, and also fully sets forth the amount of appropriation necessary for the maintenance of the school for the ensuing fiscal year. The s uperintendent asks for an appropriation of $24,000 for support, and $500 for general repairs. This request has the full and unqualified endorsement of the Board of Commissioners. The r eputation established by the management of this institution for conservative estimates, and the economical expenditures and the increased attendance, are a suflicient guaranty that a less sum than asked for would not suffice for the proper maintenance of the school. *18

COLORED C OLLEGE. The C olored Normal, Industrial, Agricultural and Mechanical College will ask for an appropriation of not less than $10,000, half of which amount is needed to ﬁnish and equip the brick Industrial Building. This building has been in course of erection during the past two years, and should be completed at as early date as possible. The other $5,000 asked is for current expenses. The institution at present having more than 600 students, it is a very reasonable amount. This college, since its foundation in 1896, has been run on economical principles. The total appropriations received by it during the whole period of its existence amount to only $62,500, an average of less than $9,000 for each year, received from the State. ' MEDICAL C OLLEGE.

The M edical College of the State of South Carolina, located at Charleston, continues to place at the disposal of the Governor the privilege of appointing to scholarships, good for one year, seven young men or young women, one from each Congressional District of the State. The appointments have been made each year, and the effort has been to secure deserving and ambitious young men and young women from among the applicants. The liberality of this institution deserves commendation, for by giving these scholarships it has aided many young men and young women in their efforts to ﬁt themselves for their life work.

CHILD L ABOR. A c ompulsory education law would help very much in the solution of the child labor question. In fact, the adoption of a child labor law will necessitate compulsory education. This q uestion must be met and solved, and the sooner it is done the less difficult of solution it will be. England, France, Germany, and all the manufacturing States in the north of our own country, after thorough investigation and long experience, looking both to the mental and moral uplifting and the material advancement of the people, have decided to prohibit the labor in mills of children of tender age. We cannot longer avoid the responsibility. That the State has a right to interfere, no thoughtful citizen will question. No one can successfully controvert the position that this labor of long and constant hours is injurious to the child, and, therefore, *19 affects t he citizenship of the future. This being true, the State has a right to come in and say it shall be stopped. we h ave rapidly grown into a manufacturing State, and are being forced to meet strong competition from other sections. Viewing the question from this purely commercial standpoint, to meet this com petition we must have skilled and intelligent labor, and this can only be secured in the operatives 0f the future by the education and preparationof the children of the present. And the children of the present cannot be educated and prepared for their duties and for good citizenship if they are required to labor constantly in the mills during their tender years. It is a duty which you owe to humanity, and to the citizenship of the future, to protect these children by pro hibiting their labor in our manufactories. Those w ho oppose the measure will argue that it is an interference with family government. This is a fallacy. The child is not a chattel or an accident, but it has rights in the divine plan which even the parent must respect. It is here for a purpose, and should have the opportunity for the best possible training and education to fit it for the accomplishment of that purpose. Then, too, it is some times a question whether the State or the corporation shall say what is to be done with the child, for many times the parent who lives in the mill community must be governed by what the mill owner says, and cannot always send his child to school, even if he desires to do so, if the labor of the child is needed in the mill. Its i a perplexing question, but it is a question of such vital im portance t0 the State that it should be settled not upon fine spun theories, but the paramount issue should be the best interests of the commonwealth and its citizenship. This being true, child labor should be prohibited by a wise and conservative law, which will pro tect the interests of the child and not work hardship upon the parent, nor do injustice or injury to our manufacturing interests. A f ew statistics on this question may be of interest. By the census report on cotton manufacture in 1880, the total number of operatives in our cotton factories in the States of the South was put down at 16,741. Of this number, 4,098, or 24.5 per cent., were children under sixteen years of age. In 1900, the total number of operatives employed in the cotton factories of the South was 97, 559. Of this number, 24,459 were children under sixteen years. Twenty five per cent.l In twenty years we had an increase of operatives in the factories of the South of nearly 600 per cent., and a propor tionate increase in the number of children employed. The matter *20 has b een practically left in the hands of the mill owners for twenty years, and no progress has been made in the care and protection of the children. In 1 880, in the States outside of the South there were 155,803 operatives employed in the cotton factories. Of these, 24,243 were children under sixteen years of age—about fifteen and one-half per cent. In 1900, the mills in the same section employed 205,302 opera tives. Of this number, 15,799 were children under sixteen years. This is about seven and one-half per cent. only. Thus it will be seen that the South has increased the per cent. of child labor, while the States outside of the South have reduced it about one—half, and this is the statement of cold facts and figures, and not the enthusiasm of the sentimentalist. The q uestion must be met. There is only one way to solve it, and that is on the side of right and justice and humanity. The sooner it is done the better, for it can now be managed and a wise and just bill be passed. If the matter is postponed from year to year, we may regret it.

PARDONING B OARD. The C onstitution of the State provides that the Governor “shall have power to grant reprieves, commutations, and pardons '* * * in such manner, on such terms, and under such restrictions as he shall think proper.” He is required to report all pardons and com mutations to the General Assembly. It is also provided that every petition may ﬁrst be referred to a “Board of Pardons, to be provided by the General Assembly, which Board shall hear all such petitions under such rules and regulations as the General Assembly may pro— vide. The Governor may adopt the recommendations of said Board, but in case he does not he shall submit his reasons to the General Assembly.” The Board of Pardons has never been provided by the Legislature and very little good could be accomplished by such board, for the responsibility is at last on the Governor, and he must meet and bear it. There will always be those to criticize the Executive for the use of the pardoning power, whether it be exercised in many or few cases. A Board of Pardons would not relieve the Executive of the responsibility for his action, nor could such a board divide the responsibility, for responsibility is indivisible. The duties of such a board would be only advisory, and the members would know little about the cases. The Executive now, if he desires information about *21

any c ase, secures it from the solicitor or the judge who tried the case and who is familiar with the facts, and then he must act. The Executive who looks at the matter from the right viewpoint must realize that he has in his power and on his conscience the life or the liberty of the petitioner, however humble or poor he may be, and at the same time the duty which he owes to the peace and good order of the State not to turn loose upon a community the hardened crimi nal who deserves the punishment which has been imposed. The Executive must feel that his action is right with the facts before him, and if he does he will have no upbraidings of conscience even if his course is criticized bythosewho have not investigated the case and who have not upon their shoulders the responsibilty for the action which they criticize. I would rather err on the side of mercy, even if by so doing one who deserves punishment is given his liberty. The courts and jurors sometimes make mistakes, and punishment is not always simply for the sake of punishment. Hence this power is given to the discretion of the Executive, that he may correct such errors and extend clemency and mercy to those who, by receiving it, become better citizens and better men and women when they are released from conﬁnement.

EW' N MANSION. No o ne who has had opportunity to look into the matter or who has thought on the subject at all, will question the fact that the State of South Carolina should have a new and modern home for its chief magistrate. The present mansion was built originally for twp homes, to be occupied by the professors of the old Arsenal,-which stood on one corner of the present grounds. In addition to its in conveniences and its inadaptability for the home of the Governor, it is old and very much out of repair. The grounds, occupying an entire square, are very desirable for such a residence, and no place better fitted or more beautiful in appointments could be found in the City of Columbia. If the General Assembly feels that the time is opportune for making an appropriation for this purpose, to sell this property or to change the location would be a mistake. If, h owever, it is desired to do so, the present mansion property c0uld be sold for a sufficient sum to build a new and modern man sion, and a lot could be purchased from some of the South Carolina College property, which at present is idle, with no immediate pros— pect of the State being able to use it for any other purpose. Good *22 business m en in the City of Columbia estimate that $40,000 might be realized out of the present mansion property and a new mansion might easily be erected at a cost of $20,000, leaving $20,000 for the purchase of a lot, and for furnishing the mansion and beautifying the grounds. The college now owns, besides that now used by the college, in all ten acres. In 1833 the Legislature passed an Act which declared that it was important to the health of the officers and students of the South Carolina College that certain squares and lots of woodland in the town of Columbia that lie between the col lege and the swamp of Rocky Branch should remain uncleared, and that the control of the same should be given to the trustees of the college for that purpose. Therefore, certain lots belonging to the State and designated on the map of the City of Columbia as Nos. 53, 54, 43 and 44 were vested in the board of trustees of the college for the above mentioned purpose. Most of the woodland has been cleared and the land is practically of no use to the college or to the State. A good and desirable site for a Governor's mansion could be secured on this land as above indicated. By this plan a new man sion could be erected without an appropriation for the_purpose. Another argument in favor of this plan is that the sale of the present mansion property would add to the taxable values of the State and the City of Columbia and be a source of income to both. In a ddition to the ten acres mentioned above, the State owns about thirteen acres in connection with the college, including an entire square fronting on South Main street, in the City of Columbia. This property is at present not utilized with any profit to the State. The only argument that could possibly be advanced for the holding of this land, which is now idle, is the possibility of the establishment of a University of South Carolina, including all the State institutions of higher learning, in which event most of it might be utilized to ad vantage; but even in that event enough of this land could be set apart for a home for the Governor without detriment to the proposed university. South C arolina should have a new home for her Chief Executive in keeping with the growth and progress of the State, and I suggest that you appoint a committee of the Senate and of the House to look into the matter and report a plan by which you may arrange for the erection of the mansion. *23

SPECIAL C OURTS. The L egislature of 1900 passed an Act providing for special courts and the manner of obtaining them. The pay of the special judge was ﬁxed, but no fund was provided out of which to pay him. The attention of the Legislature of 1901 was called to this matter. The per diem of these special judges has been paid out of the contingent fund of the Governor, and up to the past year this has been done without exhausting this fund. The past year, however, the demand for special courts has been so heavy that the contingent fund was exhausted, and claims for rewards and other matters to the amount of $1,761.25 have not been paid. These will be placed before the Committee on Claims and I ask that you make provision for their payment, as it will not be right to charge them to the next contingent fund. In this list there are claims for special judges amounting to $1,247.14 and I have paid already for this purpose $1,305.09. If the law providing for special courts is to remain in force a fund should be provided for the payment of the judges. It seems to me, how ever, that there are cases in which special courts are asked where there is no necessity for them, for I have observed that in some in stances after the special court had been held the regular term was called off. If, however, there is demand for these extra courts, and the demand is increasing, it would be better to increase the number of circuits and do away with the call for extra courts. If lawyers and litigants were always ready to go to trial and there were less delay in the dispatch of the business before our courts, the congestion which it is now claimed exists would be removed and the present machinery could transact the business in less time than is now oc cupied, even with the aid of extra courts. 'It should be remembered, however, that the State is increasing in population and in business, and in proportion to this increase there will be additional litigation. In 1870 the population of the State was 705,000. Now it is twice that number. In 1870 the number of circuits was eight, the same number that we have now, and then we had only thirty-one coun ties, while now we have forty-one. The argument seems to be strongly in favor of an increase of the number of circuits.

INSURANCE L ICENSES. I t rust you have examined the insurance report issued from the ofﬁce of the Comptroller General and have read the recommenda tions made by that ofﬁcer. There were 127 insurance companies, in *24

eluding o ne mortgage company, doing business in this State in 1901. These companies collected in premiums from the people for the year 1901, $2,800,789.47. They paid back in losses for the same time $1,337,648.81. It will be seen from these ﬁgures that the tax upon the people for insurance is three times the amount of the State taxes, and yet no one complains of this burden. The license fees paid by these insurance companies amounted to $26,713.66 for the year 1901. In addition to this the gross premiums paid in each county are the basis for assessments upon which taxes are paid. They also pay a tax of one-half of one per cent. to the State Treas urer on the gross business done. The Comptroller General suggests that in lieu of this tax of one—half of one per cent., and State, county, and school tax, that the companies be required to pay direct to the State Treasurer two per cent. on the gross premiums collected in South Carolina. The suggestion is a good one, and I commend it to your favorable consideration. It will simplify the work of the in surance department of the State and be at the same time a great convenience to the companies. The s uggestion of the Comptroller General that each agent or representative of an insurance company be required to secure a li cense before soliciting business in this State and that a small sum be charged for this license should also receive favorable action at your hands. It would prove a protection alike to the reputable agent and to the people. The C omptroller General also calls attention to the fact that the insurance laws of this State do not require insurance companies organized in this State to furnish the insurance department with any evidence of their standing or reliability, nor is any provision made for their examination, or any requirement that they shall make an nual statements or returns. This defect should be remedied so as to protect our people against unreliable insurance companies.

PENSIONS. Thatt i is right and proper that the State should do all it can to care for the deserving and needy Confederate soldier, no one will question. It should be the patriotic concern of all true citizens of the State to see to it that no man who upheld the cause of South Caro lina in the troublous times from ’61 to ’65 shall be sent to the county home, but that all who need the help of the State have it sufﬁciently to make their declining years free from worry and care and full of *25

all t he blessings it is possible for the State to extend. The Southern cause was not upheld by hirelings or slaves or those who fought from mercenary motives. The Southern soldier went to battle for a cause he believed to be right and just, and becauSe of his love for his home and his fireside. But for these patriotic sustaining mo tives he never could have put up the fight which he did against such odds of numbers and resources. It is not the purpose of our pension laws to pension all who were deserving Confederate sol diers, but only those who are needy. We started with an appropria tion of $50,000, and last year it had reached $200,000. That there are many on the rolls who do not need the assistance of the State is a matter which is attracting the notice of many Confederate soldiers themselves, and this fact is a violation of the intention for which our pension laws were enacted. The trouble lies with the county boards. It too often happens that these boards argue that the State appropria tion is going to be expended, and the more they can get for their counties the better, and thus they put on the rolls those who, though they come within the strict letter of the law, under its intention should not be there. ‘According to the report of the Comptroller - General there are now 7,750 pensioners on the pension rolls of the State. I r ecommend that instead of having the county board constituted as at present that you so amend the law as to make the executive officers of the Camps of United Confederate Veterans of each county constitute the county board, or direct that these camps shall elect them, before whom applications shall be made, and who shall pass upon all applicants. These camps are the only official means of knowing who are entitled to the help of the State. \ The S tate should see to it that no Confederate soldier is permitted to sufier on account of the lack of the necessities of life, but it is not the intention of the law to give bounty to those who do not need as sistance, however deserving they may be.

INDIAN T RUST FUND. The p romise of an early settlement of the State bonds held by the United States Government for the Indian Trust Fund should be gratifying to the people of the State. Through t he efforts of Senator Tillman, and our representatives in Congress, an Act of Congress approved May 27, 1902, was passed, authorizing the readjustment and payment of all claims of the State *26 of S outh Carolina for, and on account of, advances and expenditures made by this State in the War of 1812 to 1815 with Great Britain, and for satisfying the bonds of this State, held by the Indian Trust Fund. This Act authorized the \Var Department to adjust with the State authorities these outstanding claims, and I have been requested by the War Department to furnish proof of said claims, with all facts thereto, and with certiﬁed copies of the State records, which show the said indebtedness to us. I h ave requested the Secretary of State to prepare this state ment, which involves much labor and research of papers and doc uments that are in a measure inaccessible, and all badly arranged and indexed. This statement is being prepared with all expedition possible. The c onclusion of this important matter illustrates the necessity of having the records of the State put in better condition for the future. It is expected that after settling in full the bonds held by the Indian Trust Fund, aggregating $125,000 face value, from ﬁfty to one hundred thousand dollars will be secured in cash from the United , States Government.

LOUISIANA P URCHASE EXPOSITION. At t he last session of the Legislature, the Appropriation Bill car ried with it “twenty-ﬁve hundred dollars and any unexpended bal ance of the appropriation" of the Act to provide for the “South Caro lina Inter-State and West Indian Exposition,” for the purpose of preserving the exhibits of a permanent character at said Exposition, and such county exhibits as may be placed under the care of the commission, so as to form an exhibit at the Louisiana Purchase Ex position. This Exposition will not be held until 1904. The com mission for the South Carolina Inter-State and West Indian Expo sition have an unexpended balance of about $1,000. A detailed statement of their transactions, showing the exact balance, will be submitted to you. The present commission have also handed in their resignations. It will be necessary for you to provide for the appointment of a new commission if it is desired to have an exhibit at St. Louis. This promises to be one of the largest Expositions ever held in any country, and many of the States will be represented by extensive exhibits. To make a full exhibit from South Carolina will take more money than the amount now in the hands of the com mission, and it is for you to determine whether or not you will make any appropriation for this purpose. *27

STATE G EOLOGIST. From t he report of the State Geologist, which will be submitted to you, it will be seen that the greater part of his time has been de— voted to an investigation of the feasibility of undertaking the utiliza tion of our large marine beds of phosphate rock and converting them into commercial fertilizers. He makes an exhaustive report on this subject, and I direct your attention to the same. The State Geologist spent several months in an investigation and survey of the clay de posits in this State. He gives the following reasons for devoting so much time to this investigation: ' ' “First. T he very exceptional importance of the clays as an actual and prospective resource, susceptible of greater extension and de velopment than any other mineral industry in South Carolina. “Second. T he very numerous demands for information from various States, which could not be satisfied, as nothing more than a fragmentary examination of this subject had ever been instituted. “Third. T he desire of the scientific world for definite data relating to the clay zone of South Carolina, with a view to differentiating the involved formations.” , nFrom a examination of his report, you will see that this is a matter of great importance to this State; the clay deposits are very valuable, and all that is needed is to have the industry of utilizing these deposits developed in order to add greatly to the wealth of the State. Much of the clay that is now being manufactured is shipped out of the State as raw material, and then brought back and sold as the manufactured article.

PHOSPHATE I NTERESTS. oAs t the condition of the phosphate interests of the State, I direct your attention to the report of the Phosphate Inspector. It may be of value, however, to give you a table showing the business for the eleven months ending November 30, 1902, and the total business for the year 1901. The Inspector thinks that the royalty for December, 1902, will approximate $2,000, which will make the total royalty received from this industry for the year 1902 a little less than for the year 1901.

1902—11 m onths. Mined. Shipped. Domestic. Foreign. Royalty. Tons. Tons. Tons. Tons. Stono Co ...... 6.658 6.658 6.658 $1,664 50 Coosawo C ...... 3,810 20,383 16,602 3,300 5,095 75 Coosaw 00., additional . .. 187 65 *28

Empireo C ...... 1,120 1,120 . .. 280 00 Beaufort Co ...... 32.974 26.264 8.472 19,792 6,564 95 Central Co ...... 35,539 43,001 ...... 43,001 9,750 25

1902—11 months. Totals ...... 78,981 97,426 32.852 66,093 $23,543 10 1901—12 months ...... 84,941 97,527 50,800 37,727 26,299 19

RAILROAD C OMMISSION. The t wenty-fourth annual report of the Railroad Commissioners will be found upon the desks of the members of the General As sembly. It contains a very complete synopsis of the railroad situa tion-in the State. The m ileage is more than 3,000; the gross earnings nearly $12,000,000, and the income, less operating expenses and taxes, near $4,000,000. During the year, 7,061,038 tons of freight have been moved and 744,071 passengers carried. The car famine situation has been a very serious obstacle to the movement of all railroad busi ness, both freight and passenger, during the past year. This con dition has not been applicable to South Carolina alone, but the entire country has suffered along this line. There h ave been several matters of unusual public interest that have had the investigation of the commission. They have all re ceived careful attention. - The cotton mills of the State asked for a reduction in the local rates on factory products to the port of Charles ton. An average reduction of 20 per cent. was made in these rates. The a lleged discrimination of the Southern Railway Company against the City of Charleston was given a very thorough hearing and investigation. The indications are that much good will result to the business interests of Charleston from the ventilation of this entire matter. A full report of the ﬁndings of the commission in these two cases are found in the report. For detailed information, you are referred to the report.

THE S TATE MILITIA. sIt i gratifying to be able to give special commendation to the military department, and to note the interest and energy displayed by the head of the department in his efforts to build up and energize the militia system of the State. In the face of meagre appropria tions and many discouragements, the militia is in good condition, and in any emergency in which the civil law of the Commonwealth is jeopardized, or the peace endangered, we have a military force *29

ready a nd competent to cope with any necessity. In every case in which it has been necessary for the Governor to call for troops the response has been prompt and effective. I most respectfully urge upon your attention the great necessity of fostering and supporting this important branch of our government. It should have your patriotic interest and liberal care, because upon the strength of the militia of the State rests at last the safety of our structure of civil government. . For f urther information as to the condition of this department, you are directed to the full and exhaustive report of the Adjutant and Inspector General.

STATE B OARD OF HEALTH. The r eport of the State Board of Health will be submitted to you. It contains information and suggestions which should receive your careful and favorable consideration. In r eviewing the smallpox situation, it is stated that this disease, which was introduced into this country from Honduras, has pre vailed in every State in the Union. In this State it has been preva— lent to a greater or less extent during the winter season, and latterly is showing a greater virulence in the number of deaths which have occurred. For lack of funds, the Board of Health has not been able to enforce vaccination and isolation as they should be enforced, and as these two are the only effective means of stamping out the disease, very little progress has been made in effectively eradicating the dis ease from the State. The b oard urges upon your favorable consideration the importance of providing _for a State Bacteriologish The value to physicians - and t0 the public of such an officer is most evident. Many lives would be saved as a result of laboratory examination. Your atten— tion is especially directed to this part of the report of the board. By the appointment of such an officer, water, milk, and food supplies suspected of producing disease, could be tested, and boards of health and physicians could have information as to the source and the cause of the infection, and preventive remedies could be applied, and life and health protected. You w ill be asked to make permanent by Act of the Legislature the schools of instruction for health officers and conference of State and local boards of health, and to require that all local boards have one or more representatives attend the meetings to be held, and that the *30 expenses b e paid by the local boards. This is important, for the purpose of obtaining information of decided value in the handling of diseases and practical knowledge as to other matters pertaining to health. sIt i also stated that it is difficult to get reports from local boards of health, and the Legislature will be requested to amend the law so as to give the State Board more power to secure compliance with the law. The h ealth of the State has been fairly good, but there is nothing of so great importance as the health of the people and the prevention of epidemics and the spread of contagious and infectious diseases.

STATE H OSPITAL FOR THE INSANE. The B oard of Regents present in their report a somewhat extended account of the development of the State Hospital for the Insane, and set forth certain conclusions as to the policy of its management, past, present and future. Since its foundation over eighty years ago the doors of the institution once opened have never been closed, even in war, and seldom have patients been refused admission. The demands made upon the institution have for years frequently been greater than its capacity or means afforded. For the ﬁrst half of its exist ence any surplus income from pay patients, who came from neighbor ing States as well as from our own, was applied to the maintenance of pauper lunatics, who were required to be supported from the county treasuries. Since the better system of “State Care” was adopted thirty years ago the annual appropriations by the General Assembly have often been barely enough for necessities, and al though additional wards and dormitories have from time to time been built, the demands for the admission of new patients have com monly been in excess of its legitimate hospital capacity. Begun i n a small way as an experiment before the care of the insane had been adopted by other States, except Virginia, the asylum has grown far beyond the expectations of its founders and early managers. Through the foresight of the regents the original prop erty has been gradually enlarged by the purchase of adjoining tracts of land till the institution now owns about three hundred and sixty acres. Of this about ﬁfty acres are occupied by the various buildings assigned to hospital, administrative, residential and mechanical pur poses and for exercise grounds for the patients, the remainder being used for farming and gardening and thus largely reducing the per capita expenses. #31

Nearly fi fty years ago the General Assembly after long delibera tion definitely located the asylum in Columbia rather than in the country, as was seriously advocated by a well informed minority of the regents and resident officers. The question of maintaining the negro patients in a separate institution was kept under consideration by the regents and legislative committees for a long while, to be finally decided about a dozen years ago in the negative for geographi cal as well as for economical reasons. The S tate, therefore, has, centrally located and practically within Columbia, for the charitable maintenance of its defective classes, a large plant now approximating in value a half million dollars. The g rowth and expansion of insane asylums in all civilized coun tries has been such that no one, be he specialist or layman, seems able to prophesy as to their future requirements or limits. During the past year 506 new patients have been admitted to our hospital, while the daily average has .been 1,134 and the total number under treatment 1,611. A condition Of over-crowding has for some time existed, which has seriously impaired the usefulness of the institution. After looking into the crowded condition of the inmates of the hospital the State Board of Health recommend in their report that some steps be immediately taken looking towards its relief. In a ccounting for this apparently excessive increase of insanity in our midst, both the regents and Superintendent dwell upon the fact that our hospital is called upon to admit patients not ordinarily re— ceived into other asylums. It appears that to-day, as in 1828, when the first laws governing the original lunatic asylum were enacted “idiots, lunatics and epileptics" are admitted to the hospital, as well as inebriates and the criminal insane provided for at a later period; and besides these many cases of old age and innumerable nervous diseases, which are most worthy objects of charity, but neither medi— cally nor legally insane, and should not therefore be received at all. For a n umber of years the attention of the General Assembly has been directed to these perversions of the legitimate uses of the hos pital, but no remedy has been prescribed. It is obvious that the association in one institution of all these different classes of the un fortunate is reciprocally harmful and that a separation would be highly beneficial to each. Judging f rom the history and experience of the past there seems to be small likelihood that the future, with a constantly increasing population in our State, will bring any result other than a greater number of insane patients to be provided for. It is therefore incum *32 bent u pon all of us who are interested in the welfare of the hospital to consider carefully its present management and prepare so far as possible for its legitimate growth, while restricting so far as may be any perversion of its functions. The G eorgia asylum now maintains an average of over 2,700 insane patients in one institution, centrally located at Milledgeville, In time it is probable that our State will also be called upon to as sume a burden equally large or greater. After l ong study of the subject the regents are firmly committed to the policy that one centrally located hospital for the insane of both races is best for our State also, but they recommend the future separation of the other defective classes from the insane proper. With t he increasing wealth of our State it would appear that some means of relief might at length be effected either by colonizing the epileptics or establishing a hospital f0r inebriates or founding a school for the feeble—minded, as has already been done in other com monwealths. \Vhile such undertakings commend themselves to our humane interests, they doubtless require time, probably years, for their completion. As an immediate means of relief I cannot too strongly recommend the enactment of laws, requiring the improve ment of our present system of county poor-houses, including the de velopments within them of hospital wards in which feeble and bed ridden persons might be properly cared for, instead of being sent to the already over-burdened State Hospital. Such steps would, I am sure, afford one means of relief to the hospital for both the present and the future. The r ecent completion of a portion of the Taylor building will give additional accommodation for white men. But it appears that a similar building is urgently needed for the excitable class of white women. Such a structure would serve not only to better the condi tion of the white female inmates by at length allowing the transfer of all patients of this class from the old asylum, where two of the six wards are unfortunately occupied by white women, the rest being assigned to female negroes, but also give relief to the colored women, many of whom are now housed in the basement of that structure and in inflammable wooden pavilions for want of better accommo dations. The m ore generous appropriation by the last General Assembly has alone enabled the regents and resident officers of the institution to maintain it without deficit during the past year of high prices. *33

Finally, I c annot but recommend the continuance of the generous policy extended by your predecessors for the maintenance of the State Hospital by your granting such appropriations as are asked for by the Board of Regents. The institution should in truth be made a hospital, but this cannot be done without adequate ﬁnancial assist ance. At times I fear the lack of means has seriously handicapped the ofﬁcers in their efforts to develop and maintain the institution up to the high standard to which they have aspired, and to make the hospital, as it ought to be, one of the best of its kind in the country.

THE D ISPENSARY. For t he ﬁrst time since the Dispensary Law was enacted, it was not an issue in the political campaign for the Governorship the past year, as all of the candidates for Governor were pledged to its support and to the strict enforcement of the law. The greatest opposition to the system of State control of the sale of liquors is in the larger cities of the State. As a result there is illicit sale of liquor in these cities, and there will continue to be until public sentiment in these com munities grows more strongly in favor of the Dispensary system and jurors regard more sacredly their oath and convict persons who are proven guilty of the violation of the law. Special constables can accomplish but little where such conditions exist. Fortunately, how ever, these communities are the exception and in the State generally the law is enforced and the guilty are convicted and punished. The system is a good one for the control of the sale of liquor and that it is violated in some localities is no valid argument against the law. The b usiness the past year has increased, which may be taken as an evidence that the people are becoming more and more in sympathy with the law, rather than that the consumption of whiskey is in creasing. The a mount to the credit of the School Fund on November 30th, 1902, was $652,829.22, according to the quarterly report of the Leg islative Investigating Committee, but not available, as it was in stock. , The s tock on hand November 30th, according to this report, was: In C ounty Dispensaries...... $406,195.o5 In StateDispensary...... 324,328.12

$730523- 1 7 *34

Under t he Act of the last Legislature requiring the directors to pay to the State Treasurer quarterly the profits to the credit of the School Fund, three payments have been made aggregating $92,755.91. The same Act requires that the profits to the credit of the School Fund carried as stock shall be reduced by semi-annual payments to $400,000 by the first of January, 1904. Under this re quirement $100,000 have been paid to the State Treasurer the past year. This makes a total paid to the credit of the School Fund during 1902 of $192,755.91. The f ollowing figures show the total net profits for the year end ing November 30th, 1902, from the sale of liquor and beer:

From w hiskey to towns and Counties...... $382,688.36 From beer to towns and Counties...... 60,515.40

$443,I98-76 NetproﬁttotheState...... 123,699.07

Total net proﬁt...... $566,897.83

From t he ﬁgures quoted above there was on hand to the credit of the School Fund November 30th, 1902, $652,829.22, and the total amount carried in merchandise was $730,518.17. It appears that with the easy facilities of transportation and the frequent purchases which are made that this amount carried in merchandise could be materially reduced without detriment to the business, and yet the directors claim, as you will see from their report, that it is impossib'le to run so large a business on any less stock than is now carried. It should be remembered that there are about one hundred and twenty ﬁve local Dispensaries in the State, and when this stock is divided among them it does not give each a very large amount. It a lso appears from the statement of the Legislative Investigating Committee that on November 30th, 1902, the Dispensary owed for supplies, whiskey, etc., $252,527.36.

THE S TATE PENITENTIARY. The p ast year has been a most successful one in the history of this institution, as the annual report, which will be submitted to you, will show. Agriculturally, in particular, the year has been very satisfactory, and a sufﬁciency of everything has been made upon the farms to supply the farms, reformatory and penitentiary proper for *35 the e nsuing year, and to dispose of an amount of corn, peas and hay, which, at present prices, will yield about $12,000. Over $4,000 has been expended in permanent improvements. The p resent condition of the institution evidences careful and prudent management of its affairs by the Superintendent and the Board of Directors.

CONVICT S TATEMENT. Prisoners i n conﬁnement December 31, 1901...... 788 Fromcourtssincethattime...... 183 Recaptured...... 10 _' I 93

981 D ischarged...... 194 Pardoned...... 3o Escaped...... 11 Deaths...... 45 — 2 8o

InprisonDecember31,1902...... 7 01 Twenty-two o ut of the forty—ﬁve deaths were of those who died outside of the penitentiary grounds, at chain gang camps, or Were sent 'to the penitentiary from county chain gangs or jails in a hope less condition.

FINANCES. Balance c ash on hand December 31, 1901. .$11,787 02 Total receipts for 1902...... 72,282 19 . —————- “$84,069 v'21 Current expenses for 1901...... $62,657 07 Expended for permanent improvem’ts, 1901 4,300 00 Balance on hand December 31, 1902...... 17,112 14 84,0691 2 In a ddition to the cash 'on hand stated above, there is already earned a nd in sight 'and available $6,300. The surplus farm products on h and, of the value of $12,000, ‘are also not included in the ﬁnancial statement. T hese two items, \if added, ‘it will be seen, woald in crease the cash balance by 'over $18,000. *36

HISTORICAL R ECORDS. No S tate in the Union has made more history, or more glorious history, than South Carolina. Nor has there been a State which has paid less attention to the preservation of that history. The record books and historical papers have been preserved, but until recently they were scarcely available on account of the condition in which they were kept. The work of indexing and of properly arranging them, however, is now being done, and much historical data of great value is being brought to light. Some y ears ago, the State went to considerable expense to secure a copy of the colonial records in the public record office in England. These records, which are now in the Capitol, should be put in printed shape, so as to be easily accessible to those who may desire to consult them. In addition to these, we have many other valuable records which should be made more easily available. The cost would be insignificant, and it is altogether probable that the number of copies which could be sold to universities and to public libraries would be more than sufficient to cover the expense of pub lication. But that apart, the State should provide for the publica tion of these records, and should employ some competent historical student properly to arrange the copy and to index the printed books. It is not necessary that the work should be entirely completed in one year, but it should begin at once. ‘ The r ecords are priceless, for they tell of a great people’s glorious past. Students of history are constantly studying them, at all times with great inconvenience, and many times at the cost of the universi ties from which they are sent. It is a duty which the State owes to her citizens of the present, and to those who made that history of which these records tell, that these papers should be in such shape that they will be easily accessible, and that they will be preserved in their entirety.

DEPARTMENT O F IMMIGRATION. Its i a noticeable fact, and one at this time worthy of serious con sideration, that the State has no immigration agency, or bureau of immigration. Information in regard to our taming lands is con stantly being sought by that class of thrifty farmers in Canada, the cold Northwest and New England, who are looking southward for future homes. We have at present no department from which such information may be obtained, and our great agricultural advantages *37

count f or almost nothing in attracting immigrants.‘ The great ma jority of the other States of the Union have long since recognized the need of such an agency or department and have made provision accordingly. I earnestly recommend that you take some action in regard to this matter. If it is not desired that a separate department be created, its duties for the present may be devolved upon the Sec retary of State and the State Geologist.

SINKING F UND. On D ecember 3lst, 1902, the assets of the Cumulative Sinking Fund for reduction of S. C. Brown 4% per cent. bonds and stocks amounted to $459,684.83, so invested as to yield from 4 to 5 per cent. annual interest. The a ssets of the Ordinary Sinking Fund at the close of the year 1902 were $57,607.37, similarly invested. The I nsurance Sinking Fund, created by the Act of 19th February, 1900, “to provide for State insurance of public buildings," which did not become operative until January Ist, 1901, on December 31st, 1902, amounted to $6,532.67, after paying a loss of $844.30.

CONCLUSION. I h ave endeavored to obey the mandate of the Constitution to review the departments of government and to make such suggestions as have seemed to me proper. In taking leave of you, you will per mit me to say that my earnest prayer shall always be for the welfare of all the people of South Carolina. I trust that your deliberations may reﬂect credit upon your judgment and that whatever you do may redound to the good of the State we all love so well. I am sure you will have the hearty cooperation and sympathy of my successor in all things that tend to promote civil liberty, high ideals of citizenship and the continued happiness and prosperity of the people. You s hould lay aside all personal interests and let your best efforts be directed to maintaining a government that will bring peace to the people; that will instill a love of country; that will develop the high est type of true manhood, and that will “conform to the highest ideals of civic virtue.” . M. B. McSWEENEY, Governor. TUESDAY, J ANUARY 13. 1903. 11 At t he conclusion of the reading of the Governor’s Message, Mr. MAYFIELD offered the following Resolution, which was consid— ered immediately and adopted: - Resolved, T hat so much of the Message of his Excellency the Gov ernor as refers to ﬁnances, be referred to Committee on Finance; road improvements, to Committee on Roads, Bridges and Ferries; education, common schools, and colleges, to Committee on Educa tion; Institution of Deaf, Dumb and Blind, and Hospital for Insane, to Committee on Penal and Charitable Institutions; child labor, to Committee on Commerce and Manufactures; special Courts and all other references to legal matters, to Committee on Judiciary; new mansion, Indian trust funds, and all other penal matters, to Commit tee on Finance; phosphate interests, to Committee on Mines and Mining; Railroad Commission, to Committee on Railroads; State militia and pensions, to Committee on Military; State Board of Health, to Committee on Medical Affairs; State Penitentiary, to Committee on Penitentiary; department of immigration, to Commit tee on Immigration; State Geologist, to Committee on Mines and Mining; Dispensary, to Committee on Dispensary; historical records, to Committee on Legislative Library. The f ollowing Messages which had been received from his Excel lency the Governor, were read as follows:

fState o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: In a ccordance with the requirements of the Constitution, I beg to submit herewith a list of the pardons and commutations granted by me during the year 1902, together with the reasons moving me for granting said pardons and commutations. Respectfully s ubmitted, » M. B. MCSWEENEY, Governor. Received as information.

fState o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I have the honor to transmit herewith the Annual Report of the

2—8. J .-—(500) 12 J OURNAL OF THE SENATE, Phosphate I nspector for the State of South Carolina for the ﬁscal year 1902. . M. B. McSWEENEY, Governor. R eceived as information.

Statef o South Carolina, Executive Chamber, Columbia, january 13th, 1903. Gentlemen of the General Assembly: I h ave the honor to transmit herewith the twenty-fourth Annual Report of the Railroad Commissioners for the State of South Caro lina. Respectfully s ubmitted, M. B. McSwEENEY, Governor. Received as information.

Statef o South Carolina, ' Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I have the honor herewith to transmit the Report of the Code Commissioner. Respectfully submitted, ' M. B. MCSWEENEY, Governor. Received as information.

fState o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I have the honor to transmit herewith the Annual Report of the Adjutant and Inspector General. Respectfully submitted, M. B. McSwEENEY, Governor. Received as information. TUESDAY, J ANUARY 13, 1903. 13

Statef o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I have the honor to transmit herewith the Annual Report of the State Superintendent of Education. Respectfully submitted, M. B. MCSWEENEY, Governor. Received as information. '

Statef o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I beg to submit herewith the Annual Report of the State Treasurer for the ﬁscal year 1902. Respectfully submitted, M. B. McSwEENEY, Governor. Received as information.

fState o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I h ave the honor to transmit herewith the Annual Report of the Board of Commissioners to Co-operate at South Carolina Interstate and \Vest Indian Exposition, under Act of the General Assembly, approved 8th day of February, 1902. Respectfully s ubmitted, M. B. McSwEENEY, Governor. Received as information.

Statef o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I beg herewith to transmit the Annual Report of the State Geolo 14 J OURNAL OF THE SENATE, gist f or the year 1902, together with the “Estimated Cost of Acid Phosphate as Manufactured by Convict Labor,” prepared by him. Respectfully submitted, M. B. MCSWEENEY, Governor.

Received a s information.

fState o South Carolina, Executive Chamber, Columbia, January 13th, 1903. Gentlemen of the General Assembly: I b eg to submit herewith the list of State Constables appointed under the provision of the Dispensary Law, from January 15th, 1902, to December 30th, 1902, inclusive: .Lewis D Mahlstedt, Charleston, January 15, 1902. .J. E Robbins, Spartanburg, February, 12, 1902. .Chas. F Jenkinson, Manning, March 26, 1902. Wm. H ay, Jr., Duncans, March 28, 1902. Alonzo R ose, Yorkville, May 29, 1902. .G. W Coleman, Higgins Ferry, June 3, 1902. .Henry B Howie, Chester, June 10, 1902. G.. E Heape, Mount Holly, July 1, 1902. .Henry R McManus, Lancaster, July 9, 1902. N.Geo. \ Russell, Easley, July 10, 1902. B.. F Anthony (Spec. Olympia M.), Madden, August 14, 1902. .P. H Martin (Spec. Detective), Manning, August 14, 1902. Chas.. F Jenkinson, Manning, August 14, 1902. .Thos. B Perry, Newberry, September 5, 1902. Jas.. S Varn, Beaufort, October 8, 1902. J.. C Holstein, Batesburg, October 15, 1902. J.. B Riley, Greenwood, December 13, 1902. W.. D McFadden, Cades, December 13, 1902. Geo.. M Caulﬁeld, Charleston, December 30, 1902. Respectfully s ubmitted, M. B. MCSWEENEY, Governor.

Received a s information. TUESDAY, J ANUARY 13, 1903. 15

RULE A MENDED.

Mr. S HEPPARD asked (and obtained unanimous consent to intro— duce the following Resolution, which was considered immediately and agreed to: Resolved, T hat Rule 41 be suspended, and that Rule 20 be amended'by adding thereto the following: 28. A C ommittee on the Dispensary. to which all matters relating to the Dispensary shall be referred. Hon.. J C. SHEPPARD. President pro tempore, was called tolthe chair.

FELECTION O STANDING COMMITTEES.

Mr. I VLKYFIELD moved that Rule 19, requiring the Senate to vote vica voce to elect a Chairman of each Committee severally and then vote viva voce to elect the other members necessary to complete the same, be suspended, and that the Chairmen nominated for the respective Committees all be elected by a single vote viva voce. \V'hich m otion was agreed to by a unanimous vote of the Senate. L'Ir. I VIAYFIELD then nominated the following Standing Com mittees. which were unanimously elected:

AGRICULTURE.

.J. T Douglass, Chairman. A. H. Williams. R. I. Manning. T.. W Stanland. James Stackhouse. O. P. Goodwin. J.. M Gaines. C.. S McCall. P.. L Hardin. C.. H Carpenter. T. G. McLeod. E.. F Warren. JOURNALF O THE SENATE,

EDUCATION.

.G. W Brown, Chairman. J. Q. Marshall. T.. M Raysor. W. E. Johnson. W . H. Sharpe. D. E. Hydrick. T. B. Butler. J.. M Forrest. J. W. Ragsdale. CLAIMSND A GRIEVANCES.

J..R. S. I Brice.Manning, Chairman. I

W.. H Sharpe. .D. E Hydrick. .J. R Blake.

. E Peurifoy. C. S. McCall. T. B. Butler.

ENROLLED B ILLS.

why-1mg . E Johnson, Chairman. . J. Dennis. . A McDerinott. .. F Warren. . K Hood. T.. G McLeod. J. E. Peurifoy. CONTINGENT A CCOUNTS.

W.. H Sharpe, Chairman. O. P. Goodwin. .C. M Davis. .T. B Butler. .C. H Carpenter. G.. F von Kolnitz. Jr. J.. M Forrest. .T. E Raysor. TUESDAY, J ANUARY 13, 1903. 17

FINANCE. G eo. S. Mower, Chairman. A. H. Williams. J. C. Sheppard. J. Q. Marshall. R. I. Manning. J. A. McDermott. .J. S Brice. .W. H Sharpe. C.. S McCall. J.. M Gaines; T.. G McLeod .J. R Blake DISPENSARY. T.. W Stanland, Chairman. Robert Aldrich. W.. H Sharpe. A.. H Dean. .E. L Herndon. James S tackhouse. P.. L Hardin. PENALND A CHARITABLE INSTITUTIONS. W. C. Hough, Chairman. J. T. Hay. .E. L Herndon. 0.. P Goodwin. .G. F von Kolnitz, Jr. J.. K Hood. .J. E Peurifoy. _ COMMERCE AND MANUFACTURES. .J. Q Marshall, Chairman. .T. W Stanland. - .G. W Brown. .S. G Mayﬁeld. .A. H Dean. .J. M Gaines. .W. E Johnson. .J. K Hood. C.. S McCall. J.. W Ragsdale. E.. F Warren. C.. H Carpenter. '' n " '9."'_-l-?'m—

18 J OURNAL OF THE SENATE, COUNTY O FFICES AND OFFICERS.

LeGrand G . Walker, Chairman. J. A. McDermott. James S tackhouse. E.. L Herndon. 0.. P Goodwin. P.. L Hardin.

ENGROSSED B ILLS.

.C. H Carpenter. Chairman. C

FEDERAL R ELATIONS.

.E. J Dennis, Chairman. J. S. Brice. W.. H Sharpe. Thomas T albird. C.. H Carpenter. .G. F von Kolnitz, Jr. T. G. McLeod.

IMMIGRATION.

.C. S McCall, Chairman. E. J. Dennis. J.. T Douglass. James S tackhouse. Thomas Talbird. TUESDAY, J ANUARY 13, 1903. 19 INCORPORATIONS.

.G. W Ragsdale, Chairman. Geo. S. Mower. .J. T Hay. Thomas T albird. J.. A McDermott. J.. S Brice. james S tackhouse. J.. K Hood. .W. H Sharpe. G.. F von_Kolnitz, Jr. J. W. Ragsdale. E.. L Herndon.

PENITENTIARY.

].. T Hay. Chairman. I. A. McDermott. R.'I. Manning. Edward McIver. P.. L Hardin. T.. M Raysor. ._J. M Forrest.

JUDICIARY.

.S. G Mayﬁeld. Chairman. Geo. S. Mower. Thomas Talbird. LeGrand G. Walker. I. T. Hay. G.. W Brown. G.. W Ragsdale. T.. M Raysor. .D. E Hydrick. G.. F von Kolnitz, Jr. J. \V. Ragsdale. .E. F \Varren. W.. C Hough. 3-s. J.——(50°) JOURNALF O THE SENATE. PRIVILEGES A ND ELECTIONS. J.. C Sheppard, Chairman. G. W. Ragsdale. J.. T Hay. .E. L Herndon. W.. C Hough. Edward M cIver. J.. E Peurifoy. J.. M Forrest.

MEDICAL A FFAIRS. A.. H Williams, Chairman. R. I. Manning. W'.. H Sharpe. O.. P Goodwin. .G. F VOn Kolnitz, Jr. T.. G McLeod.

PUBLIC L ANDS. P.. L Hardin, Chairman. E. J. Dennis. .T. W Stanland. O.. P Goodwin. Thos. T albird. T.. M Raysor.

RETRENCHMENT.

D.. E Hydrick, Chairman. G. W'. Ragsdale. .\V. C Hough. J. K. Hood. J. R. Blake.

RULES. T. M. Raysor, Chairman. J. C. Sheppard. , .Geo. S Mower. G. \V. Ragsdale. J. T. Hay. Robert A ldrich. TUESDAY, J ANUARY 13, 1903. 21 ROADS, B RIDGES AND FERRIES. J.. M Gaines, Chairman. A. H. Williams. .J. T Douglas. 0.. P Goodwin. T.. W Stanland. C.. S McCall. Edward M cIver. LEGISLATIVE L IBRARY. Thos. T albird, Chairman. E. J. Dennis. T.. M Raysor. W.. E Johnson. Edward M cIver. J.. R Blake. P.. L Hardin.

MILITARY. Robert A ldrich, Chairman. J. Q. Marshall. .E. J Dennis. J.. E Peurifoy. .T. B Butler.

MINESND A MINING. G.. F von Kolnitz, Jr., Chairman. LeGrand G. Walker. A.. H Dean. Thos. T albird. T.. W Stanland. J.. M Gaines. E.. L Herndon.

PRINTING. C.. M Davis, Chairman. Robert Aldrich. .J. S McDermott. E.. L Herndon. J.. K Hood. Edward M cIver. 22 J OURNAL OF THE SENATE, PUBLIC B UILDINGS. .J. Q Marshall, Chairman. J. T. Douglas. R.. I Manning. C.. H Carpenter. .J. R Blake.

RAILROADND A INTERNAL IMPROVEMENTS.

.A. H Dean, Chairman. J. Q. Marshall. T. W. Stanland. G. \IV. Ragsdale. Robert Aldrich. T. M. Raysor. D. E. Hydrick. Thos. Talbird. T. B. Butler. J.. K Hood. J.. S Brice. E.. L Herndon,

The S ergeant-at-Arms announced

MESSAGE F ROM THE GOVERNOR. Message N o. 12 from his Excellency Governor M. B. McSweeney was presented to the Senate by J. K. Aull, Private Secretary. The Message was read, as follows:

Statef o South Carolina, Executive Chamber, January 13, 1902. Gentlemen of the General Assembly: sIt i my sad duty to announce to you the death of Chief Justice Henry McIver, which occurred at his home in Cheraw, yesterday afternoon. Judge M cIver was one of South Carolina's truest patriots and purest citizens. For more than a quarter of a century he was on the Supreme Bench of this State, eleven years of which time he served as Chief Justice. During this long term of service, ever conscien tious, ever true to the trust in him reposed, he displayed most dis TUESDAY, J ANUARY 13, 1903. 23 tinguished a bility, and at the time of his death, and for years previous, was justly recognized as South Carolina’s most eminent jurist. The r ecord of his life, including as it does brave deeds in times of war. and deeds equally as heroic in times of peace—a record made in the service of his State—is bright and stainless, and is now one of South Carolina’s priceless heritages. The distinguished service which he rendered began with his early manhood years, and ended only with his life. In his death his State loses one who was the highest type of her citizenship, and one whose memory she will hold sacred so long as she keeps alive her appreciation of ability that is distinguished, of character that is stainless, of motive that is pure and lofty, and of deeds that are bright and glorious. You w ill take such action as may seem to you proper upon the death of the chief of a co-ordinate branch of government. Respectfully s ubmitted, M. B. McSWEENEY, Governor.

Mr. B ROWN offered the following Concurrent Resolution, which was considered immediately and agreed to, and ordered sent to the House of Representatives for concurrence: S. 1 .——Mr. BROWN: Concurrent Resolution:

Resolved, b y the Senate, the House of Representatives concurring, That a committee of three be appointed on the part of the Senate and a committee of ﬁve on the part of the House to attend the funeral obsequies of the late Chief Justice Henry McIver.

Mr. B ROWN also offered the following Resolution, which was considered immediately and agreed to:

Resolved, T hat it be referred to the Judiciary Committee to take appropriate a ction by Resolution or otherwise in regard to the death of the late Chief Justice Henry McIver.

APPOINTMENT O F COMMITTEE CLERKS.

The P RESIDENT read the following communications and made the appointments as requested therein: 24 J OURNAL OF THE SENATE, .Hon. J H. Tillman, Lieutenant Governor and President Senate. Dear Sir: The Finance Committee requests you to appoint J. Fraser Lyon, Clerk of the Finance Committee. ' Respectfully, GEO. S. MOWER, Chairman.

Hon. J as. H. Tillman, Lieutenant Governor and President of the Senate: The members of the Judiciary Committee respectfully recommend for-appointment as Clerk of Judiciary Committee. Mr. F. E. Holman. S. G. MAYFIELD, I Chairman.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The House sent the Senate the following:

S. 1 .—Mr. Brown: Concurrent Resolution relating to the funeral obsequies of the late Chief Justice Henry McIver. Returned with concurrence.

Whereupon t he PRESIDENT appointed Messrs. Brown, Hydrick and Raysor on the part of the Senate, and a message was sent to the House of Representatives accordingly. On m otion of Mr. BROW’ N, as a further mark of respect to the late Chief Justice Henry McIver, the Senate adjourned.

Wednesday, J anuary 14, 1903.

The S enate assembled at 12 o’clock M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. BROWN, the further reading of the Journal was dispensed with. WEDNESDAY, J ANUARY 14, 1903. 25 PETITIONS, M EMORIALS, PRESENTMENTS OF GRAND JURIES AND SUCH LIKE PAPERS. The P RESIDENT laid before the Senate the following communi cation: ' January 1 2, 1903. T o the Honorable the President and Members of the Senate. Gentlemen : You are cordially invited to attend the meetings of the Bar Association of the State of South Carolina, to be held in the hall of the House of Representatives on the evenings of the I 5th and 16th of January, especially to hear the address of the Hon. Moorﬁeld Storey', of Boston. Mass, at 8.30 P. M., January 16th. The subject of his address will 'be the Colonial Policy of the Government. I have the honor to remain, Yours very respectfully, FRANCIS H. WESTON, Chairman Executive Committee.

On m otion of Mr. SHEPPARD, the invitation was accepted. S. 13.-—-Mr. DEAN: A Concurrent Resolution relating to election of the General Assembly at the present session: yResolved b the Senate, the House of Representatives concurring, That it be referred to the Committee of Privileges and Elections of the two Houses to ascertain and report what ofﬁces are to be ﬁlled by election of the General Assembly at the present session. On i mmediate consideration, the 'Resolution was adbpted, and ordered sent to the House of Representatives for concurrence. S. 1 4.—Mr. ALDRICH: A Resolution relating to the appoint ment of an additional laborer: yResolved b the Senate, That the President of the Senate be, and he is hereby, authorized to appoint one additional laborer for the Senate, to be under the control and direction of the Sergeant-at-Arms, and to receive the same compensation as the other laborers heretofore ap pointed. U pon immediate consideration the Resolution was adopted.

REPORTSF O COMMITTEES. Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report on A Bill to amend an Act entitled “An Act to provide for the incor 26 J OURNAL OF THE SENATE, fporation o towns of not less than one thousand nor more than ﬁve thousand inhabitants.” Ordered for consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 2 .—Mr. GAINES: A Bill to regulate the traffic in seed cotton , and unpacked lint cotton. Read t he first time and referred to the Committee on Agriculture. S. 3 .——\/Ir. MARSHALL: A Bill to regulate the employment of children in factories, mines and manufacturing establishments in this State. Read t he first time and referred to the Committee on Commerce and Manufactures. S. 4 .—Mr. J. W. RAGSDALE: A Bill to amend Section 2853, Vol. 1, of Civil Code. Read t he first time and referred to the Committee on Judiciary. S. 5 .—Mr. SHEPPARD: A Bill to amend an Act entitled ‘.‘An Act to provide for the incorporation of towns of not less than one thousand nor more than five thousand inhabitants.” Read t he first time and referred to the Committee on Incorpora tions. S. 6 .—Mr. DEAN: A Bill relating to the powers of manufactur ing corporations. Read t he first time and referred to the Committee on Commerce and Manufactures. S. 7 .—Mr. BLAKE: A Bill to fix the time for the payment of taxes and penalties thereon. Read t he first time and referred to the Committee on Finance. S. 8 .—Mr. RAYSOR : A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in each year. Read t he first time and referred to the Committee on Education. S. 9 .-—".\Ir. RAYSOR: A Bill to fix the time for the payment of taxes, assessments and penalties, and of enforcing the payment of same by execution. Read t he first time and referred to the Committee on Finance. S. 1 0.—Mr. VON KOLNITZ: A Bill to provide for the drawing of a grand jury for Charleston County for the year 1903. WEDNESDAY, J ANUARY 14, 1903. 27 Read t he first time and ordered placed on the Calendar without ref erence or printing. S. II. Mr. McCALL: A Bill to amend an Act entitled “An Act to a mend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Volume I., of the Code of Laws of South Caro lina, 1 902.” . Read t he first time and referred to the Committee on Judiciary. S. 1 5.—Mr. VON KOLNITZ: A Bill to amend Section 1851 of the Code of Laws of South Carolina, 1902, Vol. I, and to confirm the amendments to certain charters heretofore granted by the Secretary of State. Read t he first time and referred to the Committee on Incorpora tions. S.'16.-—Mr. V ON KOLNITZ: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Vol. 1. Read t he first time and referred to the Committee on Judiciary. S. 1 7.—Mr. VON KOLNITZ: A Bill to amend Section 2555 of the Code of Laws of South Carolina, 1902, Vol. 1. Read t he first time and referred to the Committee on Judiciary. The S ergeant-at-Arms announced

MESSAGE F ROM THE GOVERNOR. Messages N os. 13-17 from his Excellency Governor M. B. Mc Sweeney were presented to the Senate by J. K. Aull, Private Secre— tary. Message N o. 13 was laid over for consideration in executive ses sion. Messages N os. 14, 15, 16 and 17 were read, as follows: fState o South Carolina, Executive Chamber, Columbia, January 14, 1903. Gentlemen of the General Assembly: I b eg to transmit for your consideration the report of the Chicka— mauga Commission appointed under authority of the General Assem bly for the purpose of erecting a monument to the South Carolinians who fell on the battle ﬁeld of C‘hickamauga. I ask for this report your earnest and careful consideration. ‘ Respectfully s ubmitted, , M. B. McSwEENEv, Governor. Referred to the Committee on Military Affairs. 28 J OURNAL OF THE SENATE, '

Statef o South Carolina, Executive Chamber, Columbia, January 14, 1903. Gentlemen of the General Assembly: I beg to transmit herewith the “Report of the Commission for Lighting the State House and other Public Buildings,” for 1902. ' Respectfully submitted, M. B. MCSWEENEY, Governor.

Received a s information.

fState o South Carolina, Executive Chamber, ' Columbia, January 13, 1903. To the President of the Senate: - I h erewith return to the Senate, “Joint Resolution to authorize and require the State Treasurer to write off of the books in his office cer tain bonds entered on said books as old bonds not fundable, Act of 1896, Blue Ridge Railroad bonds, $37,000,” with my objections. In p ursuance of the requirements of the Constitution, that the Gov ernor shall, from time to time, give to the General Assembly informa tion of the condition of the State, and recommend for its, considera— tion such measures as he shall deem necessary or convenient, I have deemed it my duty upon several occasions before to call to the atten— tion of the General Assembly the matter of the bonds, the subject of the Joint Resolution herewith returned, and to urge the propriety and justice of providing for the funding of the same by the Treasurer of the State. My recommendation in the matter has not been followed; but, on the contrary, the Joint Resolution in question, directing the Treasurer to write off the bonds from the books of the State, was sent me on the day before the adjournment of the last General Assembly; the adjournment thus preventing its return to that body. in pursuance of the provision of the Constitution in such case, I now return the same to the Senate, the body in which it originated. Upon r eading the Resolution, a doubt occurred to me whether it was not in violation of the Constitution of the United States, which prohibited the passing of any law impairing the obligaton of con tracts; and, therefore, before considering it further, I requested the opinion of the Attorney General as to its constitutionality, and also as to what effect it would have if it should be approved or become a law. I append hereto the opinion of that ofﬁcer upon the subject. WEDNESDAY, J ANUARY 14, 1903. 29

From t his opinion it appears that while he did not regard the Reso lution as unconstitutional, as it does not in his opinion impair the obli gation of the contract of these bonds, he is of the opinion that the Resolution can have no legal effect upon those claiming any right in the bonds, nor does it preclude them from again petitioning the Legis lature for relief. In other words, as I understand, that the Joint Resolution is not unconstitutional simply because it is ineffectual and useless. Though this may be true, and the Resolution, therefore, not technically unconstitutional, I cannot blind myself to the fact that it would have the appearance, at least, of repudiation, and I fear practi cally that effect. I can see no good to be accomplished by it and will not approve it. Respectfully s ubmitted, M. B. MCSWEENEY, Governor.

COPY. S tate of South Carolina, Executive Chamber, Columbia, January I 3, 1903. His Excellency, Governor M. B. McSweeney, Columbia, S. C. Dear S ir : I have before me your letter forwarding “A Join-t Reso lution to authorize and require the State Treasurer to write off of the books in his office certain bonds entered on said books as old bonds not fundable (Act 1893), Blue Ridge Railroad Bonds, $37,000.” You s ay in your letter: “Before either approving or vetoing the Joint Resolution, I desire to submit the same to you, and to request an opinion as to the constitutionality of said Joint Resolution, and also what effect it would have if it should be approved and become law." I b eg leave to reply as follows: The J oint Resolution is in these words: _ t“Be i resolved by the General Assembly of the State of South Carolina: “Section I . That whereas, by an Act of the Legislature of 1896, the Treasurer of this State is forbidden to pay, consolidate or fund any coupon bond of the State after the expiration; of twenty years from the date of maturity of such bonds. and certain bonds entered on the books of the State Treasurer as “Old Bonds not fundable (Act of 1896), Blue Railroad Bonds, $37000.” are still carried on the books of the State Treasurer. Therefore, be it resolved: “That t he State Treasurer be, and is hereby, authorized and re quired to write said bonds off of the books in his ofﬁce, and no longer carry said bonds on the books as a debt of the State.” 30 J OURNAL OF THE SENATE.

The A ct (1896) referred to provides that after its approval, “No bonds of this State payable to bearer, nor any coupon thereof, shall be consolidated, converted, funded or paid by the State Treasurer after the expiration of twenty years from the date of maturity of such bonds.” It a ppears that the bonds referred to in the Joint Resolution were payable, 1'. e., matured, in 1899. The A ct of 1896 having been passed and the time limit of the bonds having expired, the Joint Resolution amounts to no more than a mere direction to the Treasurer upon a question of book-keeping. The Resolution recites that the entry on books is “Old Bonds not fundable (Act 1896), Blue Ridge Railroad Bonds, $37,000," which, so far from tending to establish, or perpetuate any evidence of, the validity of the bonds, is indicative that such items constituted no part of the valid ‘ d ebt of the State. Evenf i it is conceded that these bonds constitute a valid outstand ing debt of the State, the entry on the State Treasurer’s books consti tutesnot “impair no part the of obligation the contract. of a and contract.” expunging it from the books does A

Therefore. I c onclude that the Joint Resolution is constitutional. Aso t “what effect it would have" if approved, I am of the opinion that it can have no legal effect upon the parties claiming any right in the bonds, nor does it preclude them from again petitioning the Legis lature for relief. ' ' I b eg that you will take note of the fact that this opinion has no reference to the effect of the Act of 1896 upon the validity of the bonds. ' Respectfully, ( Signed) G. Duncan BELLINGER, Attorney General. On m otion of Mr. MAYFIELD, the entire matter was referred to the Committee on Finance.

Statef o South Carolina, Executive Chamber, Columbia, January 13, 1903. Gentlemen of the General Assembly: On t he 11th day of April, 1902, South Carolina was called upon to mourn the death of one of her most distinguished sons. \Vhile it is true that Gen. \Vade Hampton was a private citizen at the time of his death, yet I have thought it proper, in view of his distinguished ser vice to his State in times of war and of peace, that the General As WEDNESDAY, J ANUARY 14, 1903. 31 ssembly, a representatives of the people, should pay proper tribute to his memory, and I recommend that you fix some time in the early part of your session at which suitable memorial services may be held. He w as one of the heroes of this generation. In a republican form of government like ours, it is well for the stability of our institutions that the virtues of our great men should be held up as models for the young. It inspires a love of couitry and acts as an incentive to high endeavor. It has been truly said: “Republics rest on the virtues of their public men. Other forms of government may live, and often live more surely, without love of country; but with republics, patriot ism is life." Everything, therefore, that encourages and gives life to this virtue should be the concern of all good citizens. There are many things in the life and labors of this distinguished Carolinian which may be held up to the young of this day as incentives to a greater love of country and‘a more faithful service for the good of humanity. ' He w as a leader in war and in peace, always cool and conservative, and holding the welfare of his State above any appearance or sus picion of self—promotion or self-aggrandizement. He was a brave Confederate soldier, a leader of men, and in the trying days from 1861 to 1865 defended the Southern Cause with a heroism and a for titude such as only the true patriot can command. He sacrificed his all, as many another true son of Carolina did, on the altar of his State; and when the arbitram-ent of arms was decreed against the cause for which he fought, he took up again the battle of life without complaining. In the dark days of 1876 he was called from the quie tude of his plantation life to lead his people from a bondage which held them stronger than the shackles of slavery. His wise counsel and his prudent judgment were relied upon and trusted, and the State was redeemed from the alien and the scalawag, and the gov ernment once again placed in the hands of its rightful owners. As Governor, and in the halls of the Senate of the United States, he was honored and trusted by his people and respected by his enemies. In o rder that some one familiar with his history and his work might deliver an address on his life and his service and have time for prepa ration, I have taken the liberty to invite Gen. M. C. Butler to deliver said address at such time as you may fix, and I ask that this action be confirmed, and that you designate some date in the early part of your session at which suitable services may be held, and that a Committee be appointed from the Senate and House-to arrange for such ceremo~ nies as may be fitting. Gen. Butler has accepted, as the attached cor— 32 J OURNAL OF THE SENATE, respondence w ill evidence. He is eminently fitted for this duty, hav ing served in the same branch of the army with Gen. Hampton and having been intimately associated with him in the redemption of the State in 1876, and also having served for a long term of years with him in the Senate of the United States. Respectfully submitted, M. B. MCSWEENEY, Governor.

fState o South Carolina, Executive Chamber, , Columbia, November 20, 1902. General M. C. Butler, -VVoodlawn, Edgefield County, S. C. Dear S ir: The lives of the heroes of the State and the nation, whether in civic or military life, should be held up before the young men as models and incentives topatriotism and devotion to duty, and for the purpose of inculcating a high and noble ambition. Public re cognition of the great men of every age and country has been made in poetry, song and story. In our government the strength and per petuity of our institutions rests in the virtue and the patriotism of the individual citizen. Whatever contrbutes, therefore, to stirring in the breasts of our people a deeper and more abiding love of country and a reverence and regard for the men who have made it great, must be encouraged, if our institutions are to be maintained. To a republic, “patriotism is life,” and to cherish and sustain this virtue should be the constant concern of every true and loyal citizen of the common wealth. This can be done in no better or more appropriate manner than by recounting the virtues and the character of our great men. A f ew months ago the State was called upon to mourn the loss of one of its heroes—General “"ade Hampton: and I thought it would be some scant justice to his memory and an inspiration to the young men of the State, for the approaching Legislature to take proper recognition of his life and services, by holding a memorial service at which some one would deliver an address. I have, therefore, decided to suggest and to urge that at some time during the session special services. in which tribute shall be paid to his memory, be held. and that an address appropriate to the occasion be delivered. Having known General \IVade Hampton as you (lid, having been with him in the same branch of the service during the great war in which you both took so prominent a part, having been intimately associated with him during the dark days of reconstruction and in the great work of redeeming the State in ’76, and appreciating his life and the great WEDNESDAY, J ANUARY 14, 1903. 33 work w hich he accomplished, as I know you do, I feel that no one is better fitted to prepare an address delineating his character and recounting his services than yourself. sIt i due to the speaker on this occasion that he have some time to prepare his address, and believing that my recommendation to the Legislature will be taken up and favorably considered, I, in behalf of the State, invite you to prepare and deliver before the General Assmbly an address on the life and services of \Vade Hampton. The arrangements for the service will, of course, be with the Legislature, but it is probable that an early date will be fixed. Hoping t hat you will find pleasure in accepting the task, and that I may have an early reply, I am, Yours v ery sincerely, M. B. MCSWEENEY, Governor.

Woodlawn, S . C. Governor M. B. McSweeney, Columbia, S. C. _ My D ear Sir :After an absence of three weeks, I returned yesterday and found your letter of the 20th ult. The honor you have done me in requesting me to deliver an address upon the life and: services of General Hampton before the General Assembly of South Carolina is highly appreciated. I mean what I say, when I express a diffidence in undertaking such a duty. For the last four or five years my mind has been running in channels not promotive of fitness for such an address, but I will do my best when the occasion arises. Meantime, I s uppose notice will be given of the time for the cere monies. Again c onveying to you my appreciation of your consideration, I am, - Very respectfully and truly, M. C. BUTLER.

Mr. M ARSHALL oﬁered the following: S. 1 .2.—Mr. MARSHALL: A Concurrent Resolution. yResolved b the Senate, the House of Representatives concurring, That the Governor’s special message recommending that a day be set apart by the General Assembly to do honor to the memory of Wade Hampton, South Carolina’s great soldier, statesman and patriot, be referred to a special committee, consisting of two members of the Senate, to be appointed by the President of the Senate, and three members of the House, to be appointed by the Speaker of the 34 J OURNAL OF THE SENATE,

House, w ho shall make such arrangements as will appropriately carry out the Governor's recommendation. Upon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives. On m otion of Mr. SHARPE. at 1.40 o’clock P. M., the Senate adjourned. ‘ -

Thursday, J anuary 15, 1903.

SENATOR S WORN.

Mr. B ROWN stated that Hon. Edward McIver, Senator-elect from Chesterﬁeld, was present and ready to qualify. Hon. E dward McIver presented himself at the Bar of the Senate and the oath of ofﬁce was administered to him by the PRESIDENT.

PETITIONS, M EMORIALS, PRESENTMENTS OF GRAND JURIES AND SUCH LIKE PAPERS.

The P RESIDENT laid before the Senate the following communi cation:

fState o South Carolina, Executive Chamber, Columbia, January 15, 1903. To the Honorable President and Members of the Senate: On behalf of the Board of Trustees of Winthrop College, and as Chairman of the Board, I beg to extend to you an invitation to visit THURSDAY, J ANUARY 15, 1903. 35 Winthrop o n Monday, January 19th, which day is the anniversary of the birth of Robert E. Lee, and a legal holiday in this State. Respectfully, M. B. McSWEENI-zv, Governor and Chairman of the Board. On m otion of Mr. BRICE. the invitation was accepted.

FREPORTS O COMMITTEES. Mr. M AYFIELD, from the Committee on' Judiciary, submitted a favorable report, with amendments, on S. 4 .—LIr. J. W. Ragsdale: A Bill to amend Section 2853, Vol. I., of Civil Code. Ordered f or consideration to-morrow. Mr. S HEPPARD, from the Committee on Privileges and Elec tions, submitted the following report on S. I 3 .--1\/Ir. Dean: A Concurrent Resolution relating to election of the General Assembly at the present session. The C ommittee on Privileges and Elections, to whom was re— ferred the question of what elections are to be held by the present General Assembly, respectfully report that they have duly and care fully considered the same, and answer as follows: First. A C hief Justice of the Supreme Court, to ﬁll the vacancy caused by the death of Hon. Henry McIver. Second. T hree Directors of the State Penitentiary, for the term of two years each. Third. A S uperintendent of the State Penitentiary, for the term of two years. Fourth. O ne United States Senator, to be elected on the second Tuesday after the meeting and organization of the General Assem bly, to wit: on the 27th day of January, 1903. Received a s information.

INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 8.——Mr. GAINES: A Bill to ﬁx the weight of and regulate the trade in corn meal. Read t he ﬁrst time and referred to the Committee on Agriculture. S. 1 9.——l\/Ir. DOUGLASS: A Bill to amend Section 169 of the Criminal C ode, so as to give Magistrates jurisdiction of stealing 4—5. J.—-(500) "i—#_

36 J OURNAL OF THE SENATE,

from t he field when the property stolen does not exceed ten dollars in value. Read t he first time and referred to the Committee on Judiciary. S. 2 0.—Mr. WARREN: A Bill to amend an Act entitled “An Act relating to the selection and drawing of juries in the Circuit Courts of the State," approved February 7, 1902. Read t he first time and referred to the Committee on Judiciary. S. 2 1.—.\Ir. GOODl/VIN: A Bill to create the office of Oil In spector, prescribe the amount of his salary; to establish the fees for Inspector of Oil and to provide for the disposition of such fees. Read t he first time and referred to the Committee on Commerce and Manufactures. S. 2 2.-7-i\’lr. HYDRICK: A Bill to regulate the daily hours of service of employees of railroad and railway companies doing busi ness in this State. ' Read t he first time and referred to the Committee on Railroads and Internal Improvements. S. 2 3.—Mr. STACKHOL'SE: A Bill to amend Section 2066 of the Civil Code (Code of Laws 1902), so as to repeal the provision requiring railroad, express and telegraph companies to pay the ex penses, including salaries and salary of Clerk of the Railroad Com missioners, but retaining the provision for their free transportation. Read t he first time and referred to the Committee on Railroads and Internal Improvements.

RESOLUTION.

S. 2 4.—Mr. SHEPPARD: A Concurrent Resolution ﬁxing the time for election of a Chief Justice and other ofﬁcers.

Bet i resolved by the Senate, the House of Representatives con curring, That the two Houses shall meet in joint assembly on Tues day, the 20th inst., at 12 .\I., for the purpose of electing a Chief Jus tice of the Supreme Court. to ﬁll the vacancy occasioned'by the death of the late lamented Chief Justice Henry McIver. Bet i further resolved, That at the same time elections shall be held for the following ofﬁcers :_ ' First. A S uperintendent of the Penitentiary, for the term of two years. Second. T hree Directors of Penitentiary, for the term of two years each. FRIDAY, J ANUARY 16, 1903. 37

Thatn i making nominations for such ofﬁcers, no remarks shall be indulged ; and no more than one second shall be allowed to any nomi nation.

L'pon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives for concurrence. . S ECOND READING BILLS. S. 5 .—Mr. Sheppard: A Bill to amend an Act entitled “An Act to provide for the incorporation of towns of not less than one thousand nor more than ﬁve thousand inhabitants." The B ill was read and ordered placed on the Calendar for a third reading. . S. I o.—Mr. von Kolnitz: A Bill to provide for the drawing of a grand jury for Charleston County for the year 1903. The B ill was read and ordered placed on the Calendar for a third reading. On m otion of Mr. G. \V. RAGSDALE, at 12.40 o’clock P. M., the Senate adjourned.

Friday, J anuary 16, 1903.

The S enate assembled at 12 o’clock M., the hour to which it stood adjourned, and was called to order by the PRESIDENT pro tem. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby. Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. HOUGH, the further reading of the Journal was dispensed with. SPECIAL O RDER. The P RESIDENT announced that the hour had arrived for the Special Order. and the Senate proceeded in a body to the Hall of the fHouse o Representatives. The SPEAKER announced that the two Houses had met in Joint 38 J OURNAL OF- THE SENATE,

Assembly, f or the purpose of opening and publishing the returns of the late election for Governor and Lieutenant Governor. The S PEAKER appointed as Tellers on the part of the House Messrs. Jeremiah Smith, Tatum and Lide. The r eturns having been opened, tabulated and published, the SPEAKER declared that the Honorable D. C. Heyward, having received a majority of all the votes cast for Governor, was duly elected Governor of South Carolina; and that the Honorable John T. Sloan, having received a majority of all the votes cast for Lieutenant Governor, was duly elected Lieutenant Governor of South Carolina. The J oint Assembly having ﬁnished the business for which it was convened was dissolved, and the Senate returned in a body to its Chamber. The S ergeant-at-Amis announced

MESSAGE F ROM THE GOVERNOR.

Messages N os. 18 and 19 from his Excellency Governor M. B. McSweeney were presented to the Senate by J. K. Aull, Private Secretary. The M essages were read, as follows:

Statef o South Carolina, Executive Chamber, Columbia, J anuary 15, 1903. Gentlemen of the General Assembly: I b eg to transmit herewith the Annual“ Report of the State Libra rian for the ﬁscal year 1902. Respectfully, M. B. McSWEENEY, Governor. Received as information.

Statef o South Carolina, Executive Chamber, Columbia, January 14, 1903. Gentlemen of the General Assembly: Under a C oncurrent Resolution of the General Assembly, passed on the 22d day of February, 1902, a Legislative Committee was ap pointed to investigate the circumstances attending certain Confer ence Reports, and directed to submit its report and findings to the next session of the General Assembly. FRIDAY, J ANUARY 16, 1903. 39 Said C ommittee filed its report in this office on the 12th day of May, 1902. I beg to transmit herewith said Committee’s reports and testimony, in accordance with the said Concurrent Resolution. Respectfully s ubmitted, M. B. .MCSWEENEY, Governor.

The R eport referred to was read as follows:

To t he President of the Senate and Speaker of the House of Repre sentatives of the State of South Carolina: The S ub—Committee of the Judiciary Committees of the Senate and of the House [to whom was referred the investigation pursuant to a Concurrent Resolution passed on the 22d day of February, 1902, which provides: “‘Nhereas i t appears from the statements of the conferees on the part of the Senate upon the differences between the two Houses upon a Bill to amend an Act entitled ‘An Act to provide for the county government of the various counties of this State,’ approved on the 6th day of March, 1899, that the report of the Committee on Free Conference upon said Bill was signed under misapprehension in duced by misrepresentations made to them by one of the conferees on the part of the House of Representatives; now “Bet i resolved by the Senate, the House of Representatives con curring, That it be referred to the Judiciary Committees of the Sen ate and of the House or a Sub-Committee appointed by them, to inquire into and investigate the circumstances surrounding the report of said Conference Committee on said Bill, with power to sit during the recess and to send for persons and papers and examine the same, and to employ a stenographer; and that said Committee do report their findings to the next General Assernbly”], respectfully reports that the Judiciary Committees of the Senate and House met and ap pointed a Sub—Committee of six members, three from .the Judiciary Committee of the Senate, consisting of Senators Hay, Graydon and Mayfield, and three from the Judiciary Committee of the House, con sisting of Representatives Bacot, Croft and Gaston. That said Sub-Committee called a meeting to be held at 12 M. on \Vednesday, the 7th day of May, 1902, in Columbia; and, pursuant to said call, said Committee organized and took the testimony of all members of the Senate and the House who were on the Conference and Free Conference Committees, together with the testimony of such other persons who knew anything of the matter, so far as said Committee 40 J OURNAL OF THE SENATE, could a scertain, which said testimony is herewith reported. That, pursuant to said Resolution, we find that the Free Conference Com mittee report was not signed because of any misrepresentations made on the part of any member of said Committee, or other member of the General Assembly, or any other person, but that two members of the Senate Free Conference Committee did not understand the scope and extent of the amendments which were proposed to the Bill, as provided in the Free Conference Committee report; but that no one imputed unworthy motives to Mr. Dominick, who secured the sign ing of the report. ' sThat, a to the circumstances surrounding the report of the said Conference Committee on said Bill, we respectfully report that we find that a Bill was pending in the General Assembly in the session of 1901, to amend Section 15 of what is commonly known as the Dis pensary Bill, so as to “prevent the manufacture and distilling of liquor within two miles of any church or public school,” and that on a Free Conference a proviso was added, so as to amend said Bill, to give the power to the State Board of Directors to grant “privileges for the erection and operation of breweries, distilleries and establish ments for the bottling and sale of beer, styled ‘Beer Dispensaries,’ in cities of over 20,900 population, to be operated as now provided by law ;” and that said report, as appears on the House Journal, Feb ruary 15th, 1901, page 605, was adopted by the Senate and by the House ; that during the interim between the sessions the Bill was not found to be operative so far as it affected beer privileges in some cities, and that this was an attempt made by some members of the General Assembly to amend the Dispensary Bill, so as to allow Beer Dispensaries to be operated within cities of over 20,000 population, and to enlarge the powers of the Board of Directors. Mr. Dominick took the County Government Senate Bill (No. 531) and, after hav ing stated his purpose to amend this particular Bill by engrafting on it a provision to carry out the desires aforementioned, with others. secured a Conference Committee report, whereby the Committee failed to agree, and called for a Free Conference Committee, and on the said Free Conference Committee there was appointed on the part of the Senate, W. C. Hough, Wm. llderton and J. T. Douglass, and on the part of the House, W. O. Tatum, Fred. H. Dominick and Thomas B. Butler. That s aid Representative Dominick took the printed copies of the Bill, which had formerly been introduced in the Senate, and pasted them on blanks used for Committee reports, so as to have duplicate FRIDAY, J ANUARY 16, 1903. 41

copies, o ne for the Senate and one for the House, as was customary, and took said Free Conference report as thus amended (having stricken out the title of the Bill as originally introduced, and all after the enacting words, and inserted as the title the following: “A B ill to authorize and empower the Board of Directors of the State Dispensary to grant permits for the establishment and opera tion of Dispensaries for the sale of beer by retail or otherwise, in cities of over 20,000 population, and to provide for the bonding of the holders of such permits, and to appoint said Dispensers.” And t he following after the enacting words: “Section I . That the Board of Directors of the State Dispensary be, and they are hereby, authorized to grant permits for the estab lishment and operation of Dispensaries for sale of beer by retail or otherwise, in all cities in this State of over 20,000population; and they are further authorized and empowered to appoint the Dispen sers who shall conduct the said establishments. “Sec.. 2 That said permit shall continue and be of force for a term of four years, 'unless revoked for cause by the State Board of Direc tors. And the holders thereof shall have power to manufacture, bottle and sell, by retail or otherwise, beer according to.the restric tion now provided by law. “Sec.. 3 That the holders of such permits shall be required to give bond in the same amount and to be approved in the same manner, as is now provided by law for bonds of County Dispensers ;") and pre sented said Free Conference report to Senators Hough, Ilderton and Douglass. That S enator llderton understood fully, and so declared, that he had not been misled by the report, and, while he did not read it as a whole, he did know what it contained. That Senator Hough did not fully understand the tenor of the Bill, and signed the report without fully knowing its scope; but that there had been some previous con versation between Senator Hough and Representative Dominick, relative to the passage of a Bill which would carry out the purposes for which the Bill had been amended at the last session, as heretofore mentioned. That Senator Douglass knew nothing of the purpose of the amendment, and signed it only because the other Senators had done so, but was not misled by Mr. Dominick. That, h aving secured the signatures to the Free Conference report on the part of the Senate, Mr. Dominick then carried it to the mem bers of the House, each of whom signed said report, knowing what it was and the object it was intended to accomplish. 42 J OURNAL OF THE SENATE.

The F ree Conference Committee report thus signed was presented to the House by Mr. Dominick. who supported said report in a speech at some length. but the House refused to adopt said report; and the Free Conference report for the Senate was not presented to the Senate. Thate w find that Representative Dominick did not mislead inten tionally any member of the Conference or Free Conference Commit tee. That, w hile we do not endorse such legislation. yet the amending of the Bill, as attempted by the Free Conference Committee. was not without precedent : and had the Free Conference report been adopted and the Bill ratified and approved by the Governor. the Act thus passed would have been legal and been a valid Act under the laws of this State. (See State Ex re. Hoover vs. Chester, 39 S. C.. p. 307.) In t his particular case, it was not intended by the parties who were seeking to obtain such legislation to do so surreptitiously or covertly or in any unworthy manner, but that the Free Conference Committee on the part of the House, represented by Mr. Dominick. fully stated the matter on the floor of the House, and discussed the proposed amendments and provisions fully. That t his Committee finds from the testimony that no member of either the Conference or Free Conference Committee acted in an unworthy manner: and. therefore, that, while the incident is to be regretted, no member of either of said Committees can be held culpa ble. fAll o which is respectfully submitted. .S. G MAYFIELD, J.. T HAY, W.. N Gannon, per G. W. C., Committee on the part of the Senate. T.. W Bacor, G.. W CROFT, A.. L GASTON, Committee on the part Of the House.

On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives ac cordingly. FREPORTS O COMMITTEES.

Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on FRIDAY, J ANUARY 16, 1903. 43 S. I I.—Mr. McCall: A Bill to amend an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part 1., of Volume 1, of the Code of Laws of South Carolina, 1902.” - Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report recommending that the Bill be referred to the Committee on Railroads and Internal Improvements, on S. I 6.—-Mr. von Kolnitz: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1. On i mmediate consideration the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 1 7. Mr. von Kolnitz: A Bill to amend Section 2555 of the Code of Laws of South Carolina, 1902, Volume 1. Ordered f or consideration to-morrow. Mr. M AYFIELD, from' the Committee on Judiciary, submitted a favorable report, with amendments, on S. 1 9.—Mr. Douglass: A Bill to amend Section 169 of the Crimi nal Code, so as to give Magistrates jurisdiction of stealing from the ﬁeld when the property stolen does not exceed ten dollars in value. Ordered f or consideration to—morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on i S. 2 0.—Mr. Warren: A Bill to amend an Act entitled “An Act relating to the selection and drawing of juries in the Circuit Courts of the State,” approved February 7, 1902. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI. S. 2 6.—\Ir. STANLAND: A Bill to prevent the sale or keeping for sale any toy pistols, or caps or cartridges for same. Read t he first time and referred to the Committee on Judiciary. S. 2 7.—-Mr. HYDRICK: A Bill to give the Railroad Commission ers jurisdiction over all telephone lines in this State. Read t he first time and referred to the Committee on Railroads and I nternal Improvements. , S. 28.-—1\'Ir. J. W. RAGSDALE: A Bill to regulate and fix the 44 J OURNAL OF THE SENATE. liabilityf o railroad companies having a relief department to its em ployees. Read t he first time and referred to the Committee on Railroads and Internal Improvements. S. 2 9.—Mr. WARREN: A Joint Resolution proposing to amend Section 9, of Article III., of the State Constitution. so as to provide for biennial sessions of the General Assembly. Read t he first time and referred to the Committee on Judiciary. S. 3 0.—Mr. RAYSOR: A Joint Resolution to amend Section 9, of Article III., of the State Constitution. so as to provide for biennial sessions of the General Assembly. Read t he first time and referred to the Committee on Judiciary.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 1 3.—Mr. Dean: A Concurrent Resolution relating to election of the General Assembly at the present session. Returned w ith concurrence. Received a s information. .H. R 31.—Mr. Sinkler: A Concurrent Resolution relating to the conﬁrmation of W. D. Crum as Collector of Customs at the port of Charleston: Whereas P resident Roosevelt has recently named \\'. D. Crum for Collector of Customs at the port of Charleston, and said appointment is now pending conﬁrmation by the Senate; and Whereas t he President has ignored the earnest protest of the Mayor and citizens representing the business interests of Charleston against said appointment in that the wishes of the people were disre garded and the interests of the port would materially suffer thereby; and Whereas i t is in consonance with the fundamental principles and genius of our government that the power of appointment vested in the Executive should be exercised not arbitrarily but with regard to the sentiment and commercial interest of the community affected thereby; be it Resolved, b y the House of Representatives of the State of South Carolina, the Senate concurring: 1. T hat we hereby place on record our protest against the appoint ment of W. D. Crum for Collector of Charleston as detrimental to FRIDAY. J ANUARY 16, 1903. 45

the c ommercial interests of the principal port of the chief city of our State and in disregard of the sentiment and wishes of our people. 2. That we hereby appeal to our Senators to exert their earnest efforts to prevent the conﬁrmation of \V. D. Crum. 3. That a copy of these resolutions be forthwith sent to our two Senators.

Upon i mmediate consideration, the Resolution was adopted, and returned to the House of Representatives with concurrence.

Messace N o. 1.

In t he House of Representatives, Columbia, S. C., January 16th, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed 12 M., this day, as the time for opening, canvassing and publishing the returns of the general election, and your honorable body is “respectfully” requested to be present. Very r espectfully, M. L. SMITH, Speaker of the House.

On m otion of Mr. MAYFIELD, the invitation was accepted, and a message sent to the House of Representatives accordingly.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bills were severally read the third time, passed and ordered sent to the House of Representatives: S. 5 .—1\Ir. Sheppard: A Bill to amend an Act entitled “An Act to provide for the incorporation of towns of more than one thousand and less than ﬁve thousand inhabitants.” S. 1 0.-—Mr. von Kolnitz: A Bill to provide for the drawing of a grand jury for Charleston County for the year 1903. On m otion of Mr. VON KOLNITZ, the following amendments were adopted, to wit: Amendy b changing the title so as to read, a Bill to provide for any deﬁciency in the drawing of grand juries for the year 1903. yAmend b striking out recital. 46 J OURNAL OF THE SENATE, '

Amend S ection I by striking out the words “Charleston County” wherever they appear and inserting the words, “any county in the State where there exists a deﬁciency in the grand jury.” SECOND R EADING BILLS. S. 4 .-—Mr. J. W. Ragsdale: A Bill to amend Section 2853, Vol. I., of Civil Code. (Report favorable, with amendment.) The B ill was read and the amendment as proposed by the Commit tee was adopted, to wit: Page. 2 line 4, after “any,” strike out the balance of Section. “And if none, then out of the proper goods and chattels of such exe cutor or administrator.” Ordered p laced on the Calendar for a third reading. Mr. B RICE moved that when the Senate adjourn, it be adjourned to meet Tuesday next, the 20th in'st., at 11.30 o’clock A. M., which was agreed to. On m otion of Mr. HOUGH, at 12.45 o'clock P. M., the Senate ad journed.

Tuesday, J anuary 20, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, and was called to order by the PRESIDENT pro tem. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. ALDRICH, the further reading of the Journal was dispensed with. FREPORTs O COMMITTEES.

Mr. G OODWIN, from a Special Committee, presented the follow ing report, which was receivte as information and ordered to be printed in the Journal: TUESDAY, J ANUARY 20, 1903. 47 To t he General Assembly of South Carolina: We, t he Committee appointed at the last session of the General Assembly to examine the books and vouchers of the Penal and Chari table Institutions of the State, have performed the duties required of us, and respectfully submit the following report:

STATE H OSPITAL FOR THE INSANE.

At t his institution we found everything in good condition, the books and vouchers neatly and systematically kept, and the expendi tures very economical. ' ' They h ave received from appropriations and all other sources dur ing the year just closed the sum of $159,158.33 and have expended the sum of $157,870.98, which is accounted for by proper vouchers, leaving a balance on hand 1 January, 1903, $1,287.35. \V e d esire to call attention of the Legislature to the crowded con dition of this institution. A visit by your body would, we believe, convince you that something should be done at the present session to relieve the condition there existing. The officers in charge there will ask for an appropriation of $25,000 for building purposes. This amount, it seems to us, is as reasonable as the exigency of the situa tion will permit, and we trust that you will make provision for at least this amount.

PENITENTIARY.

C ash on hand 1 January, 1902 ...... $11,787 02 Received from all other sources, 1902 ...... 72,345 94

Total receipts, 1902 ...... $84,132 96

which i s accounted for in expenditures by proper vouchers, except the sum of $17,112.14 cash balance on hand 1 January, 1903. This institution is in an excellent condition under the management of Col. D. J. Grifﬁth. The State Farms also are in excellent condition and are now a source of revenue to the State. W'e commend them to Your careful investigation and consideration.

DEAF, D UMB AND BLIND.

This i nstitution should appeal to our tenderest sympathies, for the Work being done there cannot be estimated in dollars and cents. It is being wisely and systematically managed. The new school build 48 J OURNAL OF THE SENATE,

ing w hich has just been completed is a model. and Capt. Walker de serves credit for the economical management in its construction. We found the books and vouchers in ﬁne shape, the institution having received from appropriations and all other sources during the . year 1902, $47,080.63, and expended $46.864.46, which is accounted for by proper vouchers, leaving a cash balance on hand 1 January, 1903, the sum of $216.17. All of which is respectfully submitted, ' O. P. GOODWIN, On the part of the Senate. J. D. CARTER, C. E. ROBINSON, On the part of the House.

CONCURRENT R ESOLUTION. Mr. A LDRICH introduced the following Concurrent Resolution, which was considered immediately, adopted and sent to the House for concurrence: S. 3 2.—Mr. Aldrich: A Concurrent Resolution relating to the in auguration of Governor and Lieutenant Governor-elect.

1. R esolved, by the Senate, the House of Representatives concur ring, That a Committee consisting of two Senators and three mem bers of the House be appointed, who shall wait upon the Hon. D. C. Heyward, the Governor-elect. and inform him of his election, and that they ascertain when it will please him to take the oath of ofiice. 2. T hat the same Committee wait upon the Hon. John T. Sloan, and inform him of his election to the office of Lieutenant Governor, and that they inform him of the time fixed by the Governor-elect when it shall please him to qualify, and that they invite the Lieuten— ant Governor to be present at the same time for the same purpose. 3. T hat the said Committee do make the proper arrangement for the occasion of the taking of the oath of office by the Governor and Lieutenant Governor. INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 3.—Mr. STANLAND: A Bill to amend Section 1019 of Civil Code of South Carolina, Vol. I, with reference to Magistrates, their number, power, duties and jurisdiction. Read t he first time and referred to the Committee on Judiciary. TUESDAY, J ANUARY 20, 1903. 49 S. 3 4.-—-Mr. MARSHALL: A Bill to amend an Act entitled “An Act to amend Section I of an Act to provide for the incorporation of towns of not less than one thousand nor more than five thousand in— habitants, approved 5 March, 1896, which was approved 25 February, 1902,” and Section 1958 of the Civil Code of 1902, Vol. I, relating to towns of less than five thousand and more than one thousand, Read t he first time and referred to the Committee on Incorpora tions. S. 3 5. Mr. VON KOLNITZ; A Bill to amend Section 11 19 of the Civil Code, Vol. I, of the Code of Laws of this State, being part of Article 11., relative to physicians; apothecaries and dentists, which Article is a part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the quantity of licenses of pharma ceutists. Read t he first time and referred to the Committee on Medical Af fairs. s. 3 6.-—Mr. VON KOLNITZ: A Bill to amend Section 1 126 of the Civil Code, of Vol. 1 of the Code of Laws of this State, a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to sale of medicines already prepared. Read t he first time and referred to the Committee on Medical Af fairs. S. 3 7.—Mr. VON KOLNITZ: A Bill to amend Section 1116 of the Civil Code, Vol. 1 of the Code of Laws of this State. being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the places of meeting of the Board of Pharmaceutical Examiners. Read t he first time and referred to the Committee on Medical Af fairs. S. 3 8.-—Mr. vox KOLNITZ: A Bill to amend Section 1122 of the Civil Code, Vol. 1 of the Code of Laws of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the duties of licensed pharmaceu tists, apothecaries and retail druggists. Read t he first time and referred to the Committee on Medical Af— fairs. s _ 39,_-\Ir. MCIVER: A Bill to amend Section 948 of the Civil Code, V ol. 1, Code of Laws, 1902, so as to dispense with the certifi cate as to the official character of a Notary Public. 50 J OURNAL OF THE SENATE,

Read t he first time and referred to the Committee on Judiciary. S. 4 0.——Mr. BLAKE: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. Read t he first time and referred to the Committee on Finance. S. 4 I.—Mr. MCIVER: A Bill to amend Section 1880 of the Civil Code, Vol. 1, Code of 1902, so as to exclude tramways from its pro visions. Read t he first time and referred to the Committee on Incorpora tions. S. 4 2.—Mr. GAINES : A Bill to authorize and empower the Trus tees of the School District of the town of Greenwood. number 18, to order an election and to issue coupon bonds of said School District for school purposes. Read t he first time and ordered to be placed on the Calendar with~ out reference. S. 4 3.——Mr. GAINES: A Bill to provide for the erection of a bridge across Saluda River at Ware Shoals. Read t he first time and ordered to be placed on the Calendar with out reference. S. 4 4.-—Mr. vox KOLNITZ: A Bill to amend Section 1120 of the Civil Code, Vol. 1 of the Code of Laws of this State. being a part of Article II., relative to physicians,'apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to charges for examination and li censing of pharmaceu-tists. Read t he first time and referred to the Committee on Medical Af fairs. JOINT A SSEMBLY. At 1 2.05 P. M. the Senate attended in the Hall of the House of Representatives. The Hon. Jno. C. Sheppard, President pro tern. of the Senate, called the Joint Assembly to order, announcing that the two Houses had met in Joint Assembly in pursuance with the provi sions of a Concurrent Resolution for the election of certain officers. The C lerk of the Senate read the Concurrent Resolution as fol lows: S. 2 4.—Mr. Sheppard: A Concurrent Resolution fixing the time for election of a Chief Justice and other officers. Bet i resolaed‘ by the Senate, the House of Representatives concur TUESDAY, J ANUARY 20, 1903. 51 ring, T hat the two Houses shall meet in Joint Assembly on Tuesday, the 20th inst., at 12 M., for the purpose of electing a Chief Justice of the Supreme Court, to fill the vacancy occasioned by the death of the late lamented Chief Justice Henry McIver. Bet i further resolved, That at the same time elections shall be held for the following oflicers : First. A S uperintendent of the Penitentiary, for the term of two years. Second. T hree Directors of Penitentiary, for the term of two years each. nThat i making nominations for such officers, no remarks shall be indulged ; and no more than one second shall be allowed to any nomi nation. ELECTION 0 1; CHIEF JUSTICE OF THE SUPREME COURT. The P RESIDENT pro tem. announced that nominations for Chief Justice of the Supreme Court were in order. Mr. M OSS nominated the Hon. Y. J. Pope. Messrs. A ULL and PATTERSON seconded the nomination. The P RESIDENT pro tem. appointed as tellers on the part of the Senate Senators Warren and Davis. The S PEAKER appointed as tellers on the part of the House Messrs. Moses, Rainsford and \Villiams. There b eing no other nominations, the Clerk of the Senate called the roll of the Senate, and the Senators voted viria voce as their names were called. The f ollowing named Senators voted for the Hon. Y. J. Pope: Messrs. A ldrich, Blake, Brown, Carpenter, Davis, Douglass, For rest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hy drick, Johnson, Manning, Marshall, McDermott, McIver, McLeod, Peurifoy, G. W. Ragsdale, J. W . Ragsdale, Raysor, Sharpe, Shep— pard, Stackhouse, Stanland, Talbird, \Varren, Williams—32. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. The following named members voted for the Hon. Y. J. Pope: Hon.. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Bar ron, Bass, Bates, Beamguard, Blackwood, Bomar, Brooks, Brown, Bunch, Callison, Carey, Carwile, Clifton, Coggeshall, Colcock, Cooper, Davis, DeBruhl, DesChamps, DeVore, Doar, Donnald, Dorroh, D owling, Doyle, Edwards, Efird, Ford, Fox, Fraser, Gaston, 5—e. J.—(500) 52 — J OURNAL OF THE SENATE,

Gause, G lover. Gourdin, Haile, Haskell, Hendrix, D. 0. Herbert, J. E. Herbert, Hinton, Holman, Humphrey, Irby, James, Jarnegan, Johnson, Kelley, Kibler, King, Kirby, Lancaster, Laney, Lanham, Leaverett, Lesesne, Lyde, Little, Lofton, Logan, Lyles, McCain, Mc Coll, McMaster, Mace, Mahaﬁ'ey, Mauldin, Middleton, Mims, Mor gan, Moses, Moss, Nichols, Parnell, Patterson, Pearman, Peurifoy, Pollock, Potts, Pyatt, Quick, Rainsford, Rankin, Rawlinson, Ready, Richardson, Russell, Sarratt, Sinkler, Jeremiah Smith, Stackhouse, Strong, Stuckey, Tatum, Thomas, Toole, Towill, Traylor, Tribble, Wade, Wall. \Vebb, W'haley, Williams, Wingard, Wingo, Wise, Wright, Youmans—Ilz.

RECAPITULATION T otal number of Senators voting...... 32 Total number of Members of the House voting ...... 112

Grand total ...... 144 Necessary to a choice ...... , ...... 73 Of which Mr. Pope received ...... 144

Whereupon t he- PRESIDENT declared that the Hon. Y. J. Pope, having received the unanimous vote of the Joint Assembly, was duly elected Chief Justice of the Supreme Court for the unexpired term of the late Chief Justice McIver.

ELECTIONF O SUPERINTENDENT OF THE PENITEN TIARY.

Mr. S HARPE nominated for Superintendent of the Penitentiary Hon. D. J. Griffith, of Lexington. Mr. B ROW'N seconded the nomination. Senators M cIver and Herndon were appointed tellers on the part of the Senate. Messrs. T owill, Coggeshall and Patterson were appointed tellers on the part of the House. There b eing no other nominations, the Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called. The f ollowing Senators voted for Mr. Griffith: Messrs. A ldrich, Blake. Brown, Carpenter, Davis, Dennis, Doug lass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, McDermott, McIver, TUESDAY, J ANUARY 20, 1903. 53 McLeod, P eurifoy, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Talbird, Warren. VVilliams—32. The C lerk of the House called the roll of the House, and the mem bers voted 21an were as their names were called. The f ollowing members voted for Mr. Griffith: .Hon. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Bar ron, Bass, Bates, Beamguard, Blackwood, Bomar, Brooks, Brown, Bunch, Callison, Carey, Carwile, Clifton, Coggeshall, Colcock, Cooper, Davis, DeBruhl, Dennis, DesChamps, DeVore, Doar, Don nald, Dorroh, Dowling, Doyle, Efird, Ford, Fox, Fraser, Gaston, Gause, Glover, Gourdin, Haile, Harrellson, Haskell, Hendrix, D. O. Herbert, J. E. Herbert,Hinton,Holman,Humphrey, Irby, James,Jar negan, Johnson, Kelley, Kibler, King, Kirby, Lancaster, Laney, Lan ham, Leaverett, Lesesne, Lide, Little, Logan, Lyles, McCain, McColl, McMaster, Mace, Mahafiey, Mauldin, Middleton, Mims, Morgan, Moses, Moss, Nichols, Parnell, Patterson, Pearman, Peurifoy, Pol lock, Potts, Pyatt, Quick, Rainsford, Ran-kin, Rawlinson, Ready, Richardson, Russell, Sarratt, Sinkler, Jeremith Smith, Stackhouse, Strong, Stuckey, Tatum, Thomas, Toole, Towill, Traylor, Tribble, Wade, Wall, Webb, W illians, VVingard, W ingo, Wise, Wright, You mans—I 1 I .

RECAPITULATION. T otal number of Senators voting ...... 32 Total number of Members voting ...... III

Grand total . .' ...... 143 Necessary to a choice...... ; ...... 72 Of which D. J. Grifﬁth received ...... I43

Whereupon t he PRESIDENT announced that the Hon. D. J. Grif fith. having received the unanimous vote of the Joint Assembly, was duly elected Superintendent of the Penitentiary for two years. FELECTION O THREE DIRECTORS OF THE PENITEN TIARY. . Senator R AGSDALE nominated Mr. John G. Mobley, of Fair field. M r. WINGARD seconded the nomination. Senator HARDIN nominated Mr. Peter T. Hollis, of Chester. Mr. L YLES. seconded the nomination. 54 J OURNAL OF THE SENATE, Senator B LAKE nominated Mr. Everett P. Tyler, of Aiken. Mr. P ATTERSON seconded the nomination. Senator H YDRICK'nominated Mr. M. O. Rowland, of Spartan burg. Mr. L ANCASTER seconded the nomination. Senator R AYSOR nominated Mr. A. K. Sanders, of Sumter. Mr. R AINSFORD seconded the nomination. Senators P eurifoy and Carpenter were appointed tellers on the part of the Senate. - Messrs. B omar, Tatum and Beam'guard were appointed tellers on the part of the House. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted who wore as their names were called. Those v oting for Mr. Mobley are: Messrs. A ldrich, Brown, Carpenter, Forrest, James, Goodwin. I Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, McDermott, McIver, Peurifoy, G. W. Ragsdale. J. \V. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, . von Kolnitz, Warren, Williams—29. Those v oting for .Mr. Hollis are: Messrs. C arpenter, Davis, Douglass, Forrest, Hardin, Hood, Hough, McIver, McLeod, J. W. Ragsdale, Sharpe. Stackhouse, von Kolnitz, Warren—I4. Those v oting for Mr. Tyler are: Messrs. A ldrich, Blake, Carpenter, Forrest, Gaines, Johnson, Peur ifoy, G. \lV. Ragsdale, Sheppard—9. Those v oting for Mr. Rowland are: Messrs. A ldrich, Blake, Brown, Davis, Douglass, Gaines, Goodwin, Hay, Herndon, Hydrick, Manning, Marshall, McDermott, McLeod, G. W. Ragsdale, Raysor, Stackhouse. Stanland, Talbird, von Kol nitz, Warren, Williams—22. Those v oting for Mr. Sanders are: Messrs. B lake, Brown, Davis. Douglass, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick. Johnson. Manning, Marshall, McDermott, McIver, McLeod, Peurifoy, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, Williams—25. The C lerk of the House of Representatives called the roll of the House, and the members voted viva t'oce as their names were called. Those v oting for Mr. Mobley are: Hon.. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Bar~ ron, Bass, Bates, Beamguard, Black, Blackwood, Brooks, Brown, TUESDAY, J ANUARY 20, 1903. > 55 Bunch, C allison, Carey, Carwile, Coggeshall, Colcock, Cooper, Cul ler, DeBruhl, Dennis, DesChamps, DeVore, Doar, Donnald, Dorroh, Dowling, Doyle, Edwards, Efird, Ford; Gaston. Gause, Glover, Gour din, Harrellson, Haskell, Hendrix, D. O. Herbert, J. E. Herbert, Hin ton, Holman, Humphrey, Irby, James, Jarnegan, Johnson, Kelley, Kibler, King, Kirby, Lancaster, Laney, Lanham, Lesesne, Lofton, Logan, McCain, McColl, McMaster, Mace, Mahaffey, Mauldin, Mid dleton, Mims, Morgan. Moses, Moss, Nichols, Parnell, Patterson, Pearman, Peurifoy, Pollock, Pyatt, Quick, Rainsford, Rawlinson, Ready, Richardson, Sarratt, Sinkler, Jeremiah Smith, W. C. Smith, Stackhouse, Strong, Stuckey, Tatum, Thomas, Toole, Towill, Tray lor, Tribble. \Vade, \Vall, Webb, Whaley, \Villiams, \Ningard, Win go, \Vise, Youmans—103. Those v oting for Mr. Holis are: Messrs. B ailey, Barron, Bass. Bates, Beamguard, Blackwood, Bo mar, Brooks, Carey, Carwile, Clifton, Coggeshall, Culler, Davis, De Bruhl, Dennis, Doar, Donnald, Dorroh, Edwards, Efird, Ford, Fox, Fraser, Gaston, Gourdin. Haile, Harrellson, Haskell, J. E. Herbert, Humphrey, James. Kibler. Laney, Leaverett, Lide, Little, Lofton, Logan. Lyles, McCain, Peamian, Pollock, Potts, Pyatt, Rankin, Richardson, Russell, Sarratt. Sinkler, Stackhouse, Strong, Tatum, Thomas, Traylor, Tribble, Webb, Whaley, Williams, Wingo, Wise, VVright-—62. Those v oting for Mr. Tyler are: Messrs. B arron, Black, Bomar, Callison, Carey, Colcock, Davis, DeVore, Dowling, Fox, Gause, Glover, Haile, Hendrix, J. E. Her bert. Hinton, Holman, Ja'rnigan, Kelley, Kibler, King, Laney, Leav erett, Lesesne, Lide. Logan, McMaster, Middleton, Patterson, Peuri foy, Rainsford, Rankin, Ready, Russell, W. C. Smith, Strong, Stuckey. Toole, Towill, Wade, Webb, Wingard, Wright, You mans—44. . Those v oting for Mr. Rowland are: Hon.. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Bates, Beamguard, Blackwood, Bomar, Brown, Bunch, Carwile, Clifton, Cooper, DeBruhl, DesChamps, Donnald, Dorroh, Doyle, Ed wards, Ford, Fox, Fraser. Gaston, Haskell, D. O. Herbert, Irby, Johnson, Kirby, Lancaster, Lanham, Leaverett, Little, Lyles, Mc Cain, McColl, Mace, Mahaffey, Mauldin, Mims, Morgan, Moses, Moss, Nichols, Parnell, Patterson. Peamian, Potts, Quick, Rankin, Rollinson, Richardson, Sarratt, Jeremiah Smith, W. C. Smith, Tatum, Toole, Traylor, Tribble, Wall, Wingo,_\Vise, Wright—62. Those v oting for Mr. Sanders are: 56 ' J OURNAL OF THE SENATE,

Hon.. M L. Smith, Speaker, and Messrs. Aull, Baker, Bass, Black, Brooks, Brown, Bunch, Callison, Clifton, Coggeshall, Colcock, Cooper, Culler, Davis, Dennis, DesChamps, DeVore, Doar, Dowling, Doyle, Eﬁrd, Fraser, Gause, Glover, Gourdin, Haile, Harrellson, Hendrix, D. O. Herbert, Hinton, Holman, Humphrey, Irby, James, Jarnegan, Johnson, Kelley, King, Kirby, Lancaster, Lanham, Le sesne, Lide, Little, Lofton, Lyles, McColl, McMaster, Mace, Ma haifey. Mauldin, Middleton, Mims, Morgan, Moses, Moss, Nichols, Parnell, Peurifoy, Pollock, Potts, Pyatt, Quick, Rainsford, Rawlin son, Ready, RtiSsell, Sinkler, Jeremiah Smith, Stackhouse, Stuckey, Thomas, Towill, Wade, Wall, VVhaley, VViliams, Wingard, You mans—So. ' RECAPITULATION.

Total n umber of Senators voting ...... 33 Total number of Members voting ...... 120

Grand t otal ...... 153 Necessary to a choice ...... 77 Of which Mr. John D. Mobley received ...... I 32 Of which Mr. Peter T. Hollis received ...... 76 Of which Mr. Everett P. Tyler received ...... 53 Of which Mr. M. O. Rowland received ...... 84 Of which Mr. A. K. Sanders received ...... 105

VV'hereupon t he PRESIDENT announced that Messrs. Mobley, Sanders and Rowland, having received a majority of the votes cast, were duly elected Directors of the State Penitentiary for the term of two years. The b usiness of the Joint Assembly being concluded, the PRESI DENT declared the Joint Assembly dissolved, and the Senate re turned in a body to its chamber. GENERAL O RDERS. THIRD READING BILLS.

The f ollowing Bill was read the third time, passed and ordered to be sent to the House of Representatives: S. 4 .-—Mr. J. W. Ragsdale: A Bill to amend Section 2853, Vol. I, of Civil Code. - TUESDAY, J ANUARY 20, 1903. 57

SECOND R EADING BILLS.

S. 1 1.—-Mr. McCall: A Bill to amend an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Volume 1, of the Code of Laws of South Caro lina, 1902.” The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. I 7.—Mr. von Kolnitz: A Bill to amend Section 2555 of the Code of Laws of South Carolina. 1902, Vol. 1. The B ill was read and ordered placed on the Calendar for a third reading. S. I g.—Mr. Douglass: A Bill to amend Section 169 of the Criminal Code, so as to give Magistrates jurisdiction of stealing from the field when the property stolen does not exceed ten dollars in value. The B ill was read and the following Committee amendments were adopted: . . Strike o ut all after the word “Code” in line 2 of title, and insert “relating to stealing from the field." Section I, line 7, after “thirty” and before “days” insert “nor less than twenty.” Section 1, line 9, after “hundred” insert “nor less than fifty.” Page 2, line 10, after “thirty” and before “days” insert “nor less than twenty.” Page 2, line 11, after “hundred” insert "nor less than fifty.” On m otion of Mr. HAY. the Bill was further amended by insert ing after “dollars,” on line 10 of printed Bill, the words “in value.” S. 2 0.——Mr. Warren: A Bill to amend an Act entitled “An Act re' lating to the selection and-drawing of juries in the Circuit Courts of the State,” approved February 7, 1902. I The B ill was read and the following amendments proposed by the Committee were adopted: Section 1 , line 6, after “of” and before “the” insert “the Judge of the Circuit or.” Section 1, line 7, after “presiding” and before “by” insert “therein.” Page 3, line 3, after “of” and before “the” insert “the Judge of the Circuit or.” Page 3, line 4, after “presiding” and before “by” insert “therein.” There b eing no other amendments, Ordered p laced on the Calendar for a third reading. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent the Senate the following: S. 1 2.—Mr. Marshall: A Concurrent Resolution appointing two members of the Senate and three members of the House to whom 58 J OURNAL OF THE SENATE, shalle b referred the Governor's Special Message as to the Wade Hampton memorial service. Returned w ith concurrence. The C HAIR appointed Messrs. Marshall and Aldrich of the Com mittee on the part of the Senate. S. 2 4.—Mr. Sheppard: A Concurrent Resolution fixing the time for the election of a Chief Justice and other ofiicers. Returned w ith concu rence and received as_inf0rmation. S. 3 2.—Mr. Aldrich: A Concurrent Resolution relating to inaugu— ration. Returned w ith concurrence. Thereupon t he PRESIDENT appointed Messrs. Brown and Peurifoy of the Committee on the part of the Senate. H.. R 45.—Mr. Herbert: A Concurrent Resolution relating to joint rules. ' On i mmediate consideration the Resolution was adopted, and or dered to be returned to the House with concurrence. .H. R 46.—Mr. Rainsford: A Concurrent Resolution relating to election of successor to Hon. John L. McLaurin, United States Sen ator. On i mmediate consideration the Resolution was adopted and or dered to be returned to the House with concurrence.

MESSAGE N 0. 2. In t he House of Representatives, Columbia, S. C., January 16, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that on a Concurrent Resolution ﬁxing a time to do honor to the memory of Wade Hampton, it has appointed on the part‘of the House Messrs. Lewis \IV. Haskell, E. H. Aull and W'm. L. Mauldin. Very r espectfully, _ M. L. SMITH, - Speaker of the House. Received as information. MESSAGE N O. 3.

In t he House of Representatives, _ Columbia, S. C., January 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has WEDNESDAY, J ANUARY 21. 1903. 59 agreedo t the Concurrent Resolution as to notifying Governor-elect D. C. Heyward and Lieu-tenant Governor Jno. T. Sloan, and has ap pointed on the part of the House, Messrs. Coggeshall, Mauldin and Aull. Very respectfully, ‘ M. L. SMITH, Speaker of the House. REASONSOR F NOT VOTING.

Senator D ENNIS stated that attendance in Supreme Court was cause of his failure to vote. If present, would have voted for Judge Pope in the Joint Assembly. ONSenator V KOLNITZ stated that a delay in train prevented his presence at election of Chief Justice. If present, he would have voted for Judge Y. J. Pope in the Joint Assembly.

SENATOR S WORN.

Mr. B RO\/VN stated that Hon. T. B. Butler, Senator-elect fmm Cherokee, was present and ready to qualify. .Hon. T B. Butler presented himself at the Bar of the Senate and the oath of ofﬁce was administered to him by the PRESIDENT.

FLEAVE O ABSENCE.

Mr. W ILLIAMS asked and obtained leave of absence for the Sen ator from Marlboro for two days. Mr. RAYSOR ask-ed and obtained indeﬁnite leave of absence for the S enator from Newberry. On motion of Mr. MANNING, at 1.35 o'clock P. M., the Senate adjourned.

Wednesday, J anuary 21, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, and was called to order by the PRESIDENT Pro tem. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. 60 J OURNAL OF THE SENATE, The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. HOUGH, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, PRESENTMENTS OF GRAND JURIES AND SUCH LIKE PAPERS.

S. 4 8.—Mr. RAYSOR: Memorial from Committee of State Col lege Trustees relating to scholarships. Referred to the Committee on Education.

FREPORTS O COMMITTEES.

Mr. B ROWN, from the Committee on Education, submitted a favorable report on S. 8 .-—-Mr. Raysor: A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in eaCh year. Ordered f or consideration to-morrow. The J oint Committee from the Senate and House of Representa tives appointed to wait upon Honorable D. C. Heyward, Governor elect, and upon Honorable John T. Sloan, Lieutenant Governor-elect, respectfully report that they have discharged their duty, and that his Excellency the Governor-elect has indicated Wednesday, January 21, at one o’clock P. M., as the time at which he will take the oath of ofﬁce; and that the Honorable John T. Sloan has accepted the invita tion to qualify as Lieutenant Governor at the same time. The C ommittee respectfully report that they have arranged for the - following program for the occasion:

PROGRAM. The H ouse of Representatives, being in session, at one o’clock P. M., will be joined by the Senate, in accordance with the invitation given by the House. As soon as the Joint Assembly shall have been organized and seated, the Governor and Lieutenant Governor-elect, the Senators and Representatives in Congress from this State who may be in Columbia, the Chief Justice and Associate Justices of the Supreme Court, the Circuit Judges of this State who may be present in Columbia, and the State oflicers incumbent and elect, and the Trustees and Faculty of the South Carolina College, the students of WEDNESDAY. J ANUARY 21, 1903. 61 said C ollege, said College being a State Institution located at the Capital, will be escorted by the Committee of Arrangements from the Executive Chamber to the Hall of the House of Representatives. As t hey approach the rostrum the Sergeant-at-Arms of the House of Representatives will announce, “His Excellency the Governor elect and 'his escort.” The J oint Assembly, at the order of the President of the Senate, will rise and receive them, standing until they are seated. The G overnor-elect and Lieutenant Governor—elect and the Chief Justice and Associate Justices will be seated upon the rostrum at the Speaker's desk. 'The escort accompanying them will be seated to the right and left of the Speaker’s desk. The A ssembly having been called to order, the President of the Senate will announce that the proceedings will be opened with prayer by the Rev. O. A. Darby; and after prayer the President of the Sen ate will announce that the Honorable D. C. Heyward, Governor-elect, is present and ready to qualify. Thereupon, the Governor-elect will advance to the desk on the right of the Speaker, and the Chief Justice will advance to the desk on the left of the Speaker. The oath of office will then be administered by the Chief Justice to the Governor elect, who will then deliver his inaugural address. ' At t he conclusion of the address, the President of the Senate will then announce that the Honorable John T. Sloan, Lieutenant Gover nor-elect, is present and ready to qualify. Whereupon t he Lieutenant Governor-elect and the Chief Justice will advance, as in the case of the Governor-elect, and the Chief Jus tice will administer the oath of office to the Lieutenant Governor elect. The L ieutenant Governor shall then announce: “The purpose for which the Joint Assembly has convened being accomplished, the Joint Assembly is dissolved.” The S enate will return to its chamber. Respectfully s ubmitted, GEO.. W BROWN, J. E. PEURIFOY, Committee o n the part of the Senate. J. R. COGGESHALL, W. L. MAULDIN, E. H. AULL. Committee o n the part of the House. 62 3 J OURNAL OF THE SENATE, Upon i mmediate consideration, on motion of Mr. PEURIFOY,v the report was adopted. The J oint Committee, to whom was referred the message of his Excellency the Governor, in which he communicates to the Legisla ture that he has invited General .\I. C. Butler to deliver an address before the two Houses of the General Assembly upon an early day in its session upon the life and services of the late General Wade Hamp— ton, and requesting that arrangements be made to fittingly recognize the occasion, have had the same under consideration and beg leave respectfully to report: That i t appears to your Committee that the action of the Governor is eminently appropriate, and that nothing should be left undone to properly express the sentiments of the State and to pay a suitable tribute of respect to the memory of her great son. Your C ommittee accordingly submit herewith for your considera tion the accompanying resolutions, and recommend their adoption. J.. Q MARSHALL, ROBT. ALDRICH, On t he part of the Senate. LEWIS W. HASKELL, WM.. L MAULDIN, E. H. AULL. On the part of the House. S. 5 7.—Mr. MARSHALL: Concurrent Resolution relating to memorial exercises of General Wade Hampton. tBe i resolved, by the Senate, the House of Representatives con curring: ~ 1. T hat the General Assembly cordially approves the action of his Excellency Governor M. B. McSweeney in inviting General M..C. Butler to deliver before the Legislature an address upon the life and services of the late General Wade Hampton, and adopts his recom mendations. 2. T hat the two Houses meet in Joint Assembly on Friday, the 23d January inst., at 12 o’clock M., to receive the orator appointed and to hear his address, and otherwise pay suitable marks of respect to the memory of her great soldier and statesman. 3. T hat the Joint Committee heretofore appointed be continued as a Committee of Arrangements to properly carry out the object of these Resolutions.

Upon i mmediate consideration the Resolution was adopted. WEDNESDAY. J ANUARY 21, 1903. 63 RESOLUTIONS. ' S. 4 7.—-Mr. DAVIS : Resolution providing for additional copies of the Senate Journal and Calendar. Resolved, T hat the Clerk of the Senate have printed for the use of the Senate ﬁfty additional copies each of the Journal and Calendar of the Senate.

Upon i mmediate consideration the Resolution was adopted.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 4 9.—.\'Ir. JOHNSON: A Bill to provide against strikes, lock outs and similar troubles. Read t he first time and referred to the Committee on Commerce and Manufacture. S. 5 0.-—Mr. JOHNSON: A Bill to dispose of certain school funds arising from Dispensary profits, so as to aid schools in districts finan cially weak. Read t he first time and referred to the Committee on Education. S. 5 I.———Ml'. DOUGLASS: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the county of Union, and prescribe his duties.’ ” ' Read t he first time and referred to the Committee on Incorpora tions. S. 5 2.—I\Ir. HAY: A Bill to amend an Act entitled “An Act vest ing all the right and title of the State. in or to the Wateree Canal in the owners of land adjacent thereto, severally,” approved December 24. D. 1892, and Acts amendatory thereof. Read t he first time and referred to the Committee on Judiciary. S. 5 3.—l\'Ir. GAINS: A Bill to define the limits of the School Dis trict of the town of Greenwood designated as Number 18, and to validate the election of Trustees therein. Read t he first time and placed on the Calendar without reference. S. 5 4.—Mr. J. \V. RAGSDALE: A Bill to require the free trans portation of certain ofiicials by common carriers of passengers in this State. Read t he first time and referred to the Committee on Railroads. 64 J OURNAL OF THE SENATE,

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: H. 5 5.—Mr. Wade: A Concurrent Resolution asking the assist ance of the United States Department of Agriculture in reclaiming and irrigating the lands of South Carolina. Upon i mmediate consideration the Concurrent Resolution was agreed to. Ordered r eturned to the House of Representatives with concur rence. H. 5 6.—Mr. Pollock: A Concurrent Resolution providing for the election of an Associate Justice for the unexpired term of Hon. Y. J. Pope, resigned. Upon i mmediate consideration, after discussion, the Resolution was amended by striking out “12 o’clock M., the 22d,” and inserting “1 o’clock P. M., the 27th.” As t hus amended the Resolution was agreed to and ordered re turned to the House of Representatives with amendment.

MESSAGE N O. 4.

In t he House of Representatives, Columbia, S. C., January 21, 1903. Mr. President and Gentlemen of the Senate: . The House respectfully informs your honorable body that it has adopted the report of the Special Committee appointed to arrange program for Inaugural, and has ﬁxed I O’clock P. M., as the time. Your honorable body is respectfully asked to be present. Very respectfully, M. L. SMITH, Speaker of the House.

Received a s information.

MESSAGE N o. 5.

In t he House of Representatives, Columbia, S. C., January 17, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has adopted the report of the Joint Committee appointed to investigate WEDNESDAY. J ANUARY 21. 1903. 65 the c ircumstances surrounding conference reports on certain mea sures. Very respectfully, L. SMITH, Speaker of the House. Received as information. GENERAL O RDERS. _ THIRD READING BILLS. The f ollowing Bills were severally read the third time, passed and ordered to be sent to the House of Representatives : S. I 7.—Mr. von Kolnitz: A Bill to amend Section 2555 of the Code of Laws of South Carolina, 1902, Vol. I. S. 1 9.——Mr. Douglass: A Bill to amend Section 169 of the Crimi nal Code, so as to give Magistrates jurisdiction of stealing from the ﬁeld when the property stolen does not exceed ten dollars in value. S. 2 0.—Mr. Warren: A Bill to amend an Act entitled “An Act re lating to the selection and drawing of juries in the Circuit Courts of the State,” approved February 7, 1902.

SECOND R EADING BILLS. S. 4 2.—l\1r. Gaines: A Bill to authorize and empower the Trustees of the School District of the town of Greenwood, Number 18, to order an election and to issue coupon bonds of said School District for school purposes. The B ill was read and ordered placed on the Calendar for a third reading. ' The S ergeant-at-Arms announced

MESSAGE F ROM THE GOVERNOR. Messages N os. 20, 21 and 22 from his Excellency Governor M. B. McSweeney were presented to the Senate by K. Aull, Private Secretary. The M essages were read, as follows:

Statef o South Carolina, Executive Chamber, Columbia, January 20, 1903. Gentlemen of the General Assembly: I have this day received the resignation of Honorable Y. J. Pope ' 66 J OURNAL OF THE SENATE, as A ssociate Justice of the Supreme Court of this State, to take effect immediately. The resignation has been accepted, and this occasions a vacancy on the Supreme Bench of Associate Justice. Respectfully, M. B. McSWEENEv, Governor.

Received a s information.

Statef o South Carolina, Executive Chamber, Columbia, January 20, 1903. Gentlemen of the General Assembly: It w ill be remembered Judges Earle and Buchanan were elected on the 4th day of December, 1894, and Judge Buchanan’s commission and service began on the 8th day of December, 1894. At the time of the election and at the time of his entry upon the duties of a Circuit Judge, the salary was at the rate of $3,500 per annum. The Consti tution of 1868 then in force as well as the Constitution of 1895 now in force provided that such salary of a Circuit Judge should not be diminished during his continuance in office. On the 24th day of December, 1894, sixteen days after Judge Buchanan had actually begun the discharge of his duties as such Circuit Judge, the General Assembly provided payment by Appropriation Bill for such Circuit Judge at the rate of $3,000 only. Whether i t was done by inadvertence or under the impression that the services of the two newly electedJudges were to commence earlier than expected, or whether the suspended salary reduction Bill which was not to go into effect during the year 1894 was sought to be antici pated, it is equally certain that the salary promised and in force by the Constitution and laws at the time of Judge Buchanan’s entry upon the actual discharge of his duty as Circuit Judge (8th Decem ber, 1894,) was at the rate of $3,500 per annum, while he received a salary at the rate of $3,000 only. This matter has been adjudicated by the Courts in favor of the Constitutional promise that such salary in force at the time of his actual entry upon duty as Circuit Judge could not be diminished during “his continuance in office.” Hon. Chas. G. Dantzler, in a supplemental order to an opinion filed upon the petition of Judge Buchanan, holds that the Constitutional provi sion “establishing and fixing the salaries of Circuit Judges at $3,500 each, the amount provided by law at the time of the first election of Judge Buchanan, was intended to apply only for the first term for WEDNESDAY, J ANUARY 21, 1903. 67 whiche h was elected." The petition of Judge Buchanan was that of a. person who would refuse any gratuity from the State or from any one else, yet if the State actually owed him, he wanted what belonged to him. For this reason he brought the matter up before the Court upon a petition for a mandamus against the proper officers. While the mandamus was refused, the Court'in passing upon the merits found that Judge Buchanan was entitled to the salary of $3,500, to continue, as shown by the supplemental order quoted, during his first term, and that the difference between the sum received and the sum declared by the laws in force at the time he went into office was an honest debt due by the State to Judge Buchanan. The various petitions and decisions are learnedly discussed in the decision, in which it is sad that “the amount found due here is an honest obliga tion of the State to Judge Buchanan, and should be paid.” This is the position always held by those who have thought of the matter and who knew of the facts. This matter is submitted to you for consideration. Respectfully submitted, M. B. MCSWEENEY, Governor. Referred to the Committee on Judiciary.

Statef o South Carolina, Executive Chamber, Columbia, January 21, 1903. Gentlemen of the General Assembly: I b eg to transmit herewith the report of the Committee appointed by the Governor to examine the books and accounts of the State Dis. pensary for the ﬁscal year ending November 30, 1902. Respectfully, M . B. McSWEENEY, Governor. Referred to the Committee on Dispensary.

SPECIAL O RDER FOR 12 O’CLOCK M. INAUGURATION ' OF GOVERNOR AND LIEUTENANT GOVERNOR ELECT.

At2 1 o’clock M., the Senate proceeded in a body to the Hall of the House of Representatives. The Governor-elect, Honorable D. C. Heyward, and the Lieutenant Governor-elect, H onorable J. T. Sloan, Chief Justice Y. J. Pope and 6—8. J .—(500) 68 J OURNAL OF THE SENATE. Associate J ustices Gary and Jones, of the Supreme Court, and Judges of the United States and State Courts in session in this city, and the State officers, incumbent and elect, escorted by the Committee of Ar— rangements, entered the Hall of the House of Representatives, the Sergeant-at-Arms of the House of Representatives announcing “His Excellency the Governor-elect and his escort." ' The J oint Assembly was called to order by the PRESIDENT of the Senate—Hon. J. C. Sheppard, President pro term—and received the Governor—elect and his escort standing. The G overnor-elect and Lieutenant Governor-elect and the Chief Justice were seated upon the stage, at the desk of the Speaker. The other guests accompanying them were seated at the right of the desk, on the same floor with the members. The J oint Assembly having been called to order, prayer was of fered by Rev. O. A. Darby, Chaplain of the Senate. The P RESIDENT of the Senate announced that Honorable D. C. Heyward, Governor-elect, was present and ready to qualify. Thereupon t he Governor-elect advanced to the desk on the right of the Speaker, and the Chief Justice advanced to the desk on the left of the Speaker. The oath of office was then administered by the Chief Justice, Y. J. Pope, to the Governor-elect, who delivered the following address: ’ M embers of the General Assembly and my fellow-citizens: Under o ur form of government, the voice of the people is supreme, and we have met together to-day to carry out the wishes of the people of this State, as expressed at the recent election. In t he providence of God, it has fallen to my lot to be called from the quiet walks of life to assume in this manner and in this presence the high and honorable office of Governor of South Carolina. In doing so I am almost overwhelmed by a sense of the great responsi— bilities which I have now assumed : but even beyond this is my sense of gratitude for the great honor done me by the people of my State. I am mindful of the fact that the truly great gifts of life ever involve the most solemn responsibilities, and when they come as the expres sion of the manhood of a commonwealth, involving the selection of a Chief Magistrate of a people whose heritage is as proud as that of any people upon this earth—whose history is a glorious record of patriotism, virtue and achievement—well, indeed, may he upon whom this honor falls stand silent in contemplation of the sacred responsi bilities which his people have placed upon him. The honor you have bestowed upon me is such as would fill the heart of any man with WEDNESDAY, J ANUARY 21, 1903. 69 deepest g ratitude—a gratitude that should call forth the most sacred loyalty of a South Carolinian to South Carolinians. To m eet these responsibilities, to execute the various and onerous duties of my office—to give my time, my thoughts and my every endeavor to the service of my State—I feel would indeed be a poor recompense to my people for the trust and confidence they have placed in me. I beg, my friends and my countrymen, that you will allow my feelings on this occasion to speak to you of a heart filled with love for South Carolina and for South Carolinians—let them speak to you, for me, of a devotion to the welfare of our State, which, with your continued trust and help, will endure all things to achieve this end ; let them speak to you of a determination to know no higher ambition than to labor for the best interests of all the people of South Carolina. I n eed not assure you that no greater pride is mine than lies in the fact-that I was elected to this office by South Carolina Democrats from every county and from almost every precinct of our State. Our fellow-Democrats of South Carolina came together as brethren, and this can have but one meaning—a deep and holy meaning—which cannot possibly augur other than the best, truest and highest things for our dear old State. I ask you all, each and every one of you, to stand by me in the administration of the high duties of this office even as you have manifested this spirit by your votes. I need your help and your confidence now more than ever before, and I pray you all to let our common labors of love and devotion as brethren bury forever factionalism in South Carolina. Political c onditions in our State are such that we can look to the future with every degree of confidence and encouragement. Racial problems, which have sorely beset and hindered us in the past, have during the last decade reached such solutions as will go far towards advancing the interests of both races. Our white citizens are—as they should be——in undisputed possession of every department of our State, county and municipal government. While this naturally gives us great cause for rejoicing, it should at the same time make us deely sensible of the fact that it is incumbent upon us to enact and to so administer laws when enacted, that the humblest citizens—be they white or black—can look to those laws for the protection of life, liberty and property. It is only by acting in this spirit, and under the Divine guidance of Him who holds us all, State and nation, in the hollow of His hand, that the great problem which confronts the people of the South, and especially the people of South Carolina, can be rightly and finally solved. 70 J OURNAL OF THE SENATE,

Gradually t he colored man is awakening to the fact that the white man of the South whose land he tills, and from whom in various ways he derives his entire livelihood, is at last his best and truest friend; and instead of seeking to attain political office he is now devoting himself to those occupations for which by nature he is most fitted, and in the pursuit of which alone he can advance his own mate rial interests. and in so doing the best interests of his State. In c onnection with this political condition it is fully as significant and quite as gratifying to add that our industrial conditions were never so satisfactory as they are to—day. In agriculture, and especi ally in manufactures, South Carolina has taken such strides that the attention of the outside world is upon us. While we can congratu late ourselves upon this—however, remembering that there is still so much to be done—we cannot afford to rest here. South Carolina, though one of the original thirteen States, has fully one—half of its great resources yet undeveloped. No o ne doubts the truth of the statement that the general pros perity of a State is dependent primarily upon its farming interests, which establishes the fact that a government should, in every way possible, foster and protect this greatest of all industries. The steady, persistent work of the farmer is not blazoned forth to the world in meaningless flattery, but the results of this faithful labor most forcibly gives its own speech to the universe. The total value of the cotton crop alone tells of a mighty business interest—one of the greatest in the world. The tobacco crop of South Carolina, finan cially considered, means now many millions of pounds and some millions of dollars. The great aggregate value of all of our field crops shows the mighty strength and influence for which it stands, not only in dollars and cents, but in the greater necessities of human life and existence, which are supplied from this source, and from this source alone. And, my countrymen, greatest of all, here is the home—the countless homes—thousands and thousands of which are scattered over our fertile fields. These home-builders and home sustainers, each in his own quiet way, are sending forth to the world influences that are to be seed for the sower and bread for the eater for ages to come, even as they have been through past years of faith— ful toil. I am glad to notice that scientific aid to the farmer now commands the attention of our National Government. We of South Carolina should also do this, just as far as may be practicable. Clemson College stands now fully equipped and flourishing, as the nucleus for even broader and more diversified work, and thus for greater results. WEDNESDAY, J ANUARY 21, 1903. 71 Our i ndustrial development, too, shows tremendous and striking advance when we briefly consider the figures shown in our manu— facturing institutions. The establishment of a million dollar cotton mill, upon safe and sure lines, is no longer an uncommon occurrence in South Carolina. After the war we were desolated—no one thought of manufactories. Some years later we made a feeble begin ning. Without going into detailsnow, for this is unnecessary, it needs only to be stated that South Carolina—always in the fore front—has here made a most wonderful record. She now stands second highest in these United States in the value of her cotton mill industry. with a ratio of increase second to none. To the men who have made this magnificent record we owe much. This is due to the presidents and officers whose ability and whose money have made this achievement, and also to the operatives whose time and whose skill have accomplished what these alone could do. The great cap tains of this industry have permanently and upon the finest basis established their reputations, and in so doing the reputation of their State also, in this modern and progressive work. In a b rief survey of general conditions—for it is not expedient to attempt more now—again is there reason for congratulation. Na ture's gifts to us have been of bounteous bestowal in every respect. Almost every crop can be grown here because of our fertile fields and superb climate. In quantity and variety of valuable timber we have no superior, but our fast disappearing forests should, not only be cause of their increasing intrinsic worth, but for the all important reasons which are included in their acting as agents in modifying the surface of the earth, and in checking the destructive forces of nature, at once receive the utmost care and consideration of our law—makers, and steps should be taken looking to their preservation. For stock rasing, again, our lands and climate leave nothing to be desired, and this industry well deserves our most careful attention. we have wealth in minerals. from the granite foundations of our hills and the phosphatic deposits of our lower rivers, to the richest and best producing gold mines east of the Rocky Mountains. The abundant water power of South Carolina, diverted from quenching the thirst of wild and domestic animals, is now turning thousands of factory wheels and spindles, with the power for thousands more. Surely these are good reasons why prospective home—seekers should desire authentic and detailed information concerning this favored land. In this direct connection, would it not be well to look into the advisa bility of having an Immigration Commission or Bureau, to give ofiicial and accurate information to those seeking such knowledge? 72 J OUNAL OF THE SENATE. I k now of no better way of advertising these great advantages than through Expositions. The World’s Fair, to be held next year at St. Louis, will afford an excellent occasion for the display of the re sources of our State, and I trust that the General Assembly will carefully look into the merits of this opportunity, and see to it that South Carolina is properly represented. The cost involved will be comparatively small—the benefits to be derived cannot be estimated. Referring a gain to political conditions, it might be said that the campaign of last summer was remarkable in that it was almost de— void of issues, those seeking the suffrages of their fellow-citizens confining themselves to an endorsement of questions looking to the enlightenment of the people, the material upbuilding of our State and the development of its resources. The campaign certainly de veloped the fact, I am glad to say, that upon all fundamental princi ples our people are agreed. In view of this, and also of the fact that the State, as I have already said, is advancing in every way, its peo ple living in contentment, the farmers having harvested satisfactory crops, our business interests being on a sound basis, new enterprises being undertaken each year, giving employment to labor, and adding to our general prosperity, I deem it best for us not to attempt the consideration of any new measures which might be calculated to, disturb existing conditions. Rather should we discuss and give our attention to matters, the proper solution of which must inevitably add to our general welfare. Prominent i n scope and meaning for any people, and especially for the whites of South Carolina, should be the great subject of educa tion. On such an occasion as this only the most important points can be touched upon—important details having of necessity to be omitted. A commonwealth can have no greater source of pride, n0 ' greater glory and no surer guarantee of the stability of its institu tions, than is afforded by an educated and enlightened citizenship. The education of a people should be measured by its breadth—its diffusion among the masses. It should not be confined to certain classes, but universal in its benefits, it should be common to all. The education of the children of South Carolina—Of each and every child in South Carolina—their being taught in a systematic manner, with school terms long enough to be beneficial, within neat and comforta— ble school-houses, deriving instruction from competent and God fearing teachers—this should be a subject near to the hearts of those in whose hands are placed the control and regulation of our gov ernment. Here a s erious problem confronts the white people of our State. WEDNESDAY. J ANUARY 21, 1903. 73

According t o the reports of the Superintendent of Education for several years past, it is shown that more negro children than whites are attending our public schools. Do our white people realize, what this means for the future? Do they realize that if they allow their children to grow up in ignorance, the Constitution of their State—a Constitution of their own making and adoption~—will, later on, deny the ballot to their sons? Such a catastrophe is against all of our traditions, and it can and must be prevented by an awakening among our people to the exigencies of the situation, and a firm determina tion on their part to remedy it. If necessary, any sacrifice should be made on the part of parents in order that their children might take advantage of the educational facilities afforded them by the State. The C onstitution of our State, recognizing the fact that our entire educational system is founded upon the common schools, has under— taken to “provide a liberal system of free public schools for all chil dren between the ages of six and twenty-one.” There is no more important consideration before the people of South Carolina than is contained in this clause of the Constitution. ,It has a meaning all its own—a meaning for which there can be no substitute, and it commands and should receive the hearty and undivided sanction of _s u all. Let there be the best common schools we can afford in every community and district, with well built school-houses, longer school terms, competent and better paid teachers, and in the work thus done, our State will reap a rich reward. The f ramers of our organic law, realizing that wealthy and popu lous communities could provide schools for themselves, while poorer and more thinly settled districts were not so fortunate, have made it the duty of the General Assembly to supplement the school funds of the latter, in order that all the children of the State may have an equal opportunity to acquire somewhat more than the rudiments of an education. For y ears the State has fostered its higher institutions of learning, and my influence shall always be exerted to see that this is contin ued. The increased care and attention given to our common school system, in years to come, will prove of incalculable value to all of our higher institutions of learning. In Winthrop, Clemson, South Carolina College and the Citadel Academy—a royal galaxy—South Carolina has much cause for pride. for these institutions in their equipment and management are well worthy to be looked upon with pride by the people of any State. Our comprehensive system of education is, also, I am glad to say, admirably assisted and made 74 J OURNAL OF THE SENATE, more c omplete by the faithful work annually accomplished in the various denominational colleges of our State. \Vhile i t is true that one of the greatest difficulties we have had to contend with in the development of the State has been our lack of capital, and while we should by legislation and other means encou rage outside capital to come into the State, and assist in building up our industries and developing our resources, and in coming should make it feel assured that it will receive every protection that it can rightfully claim, still capital should be made to understand that it is welcome only when it comes for the purpose of earning its legiti mate interest in a fair and legitimate manner. We should have it understood that it cannot seek through great combinations and by over-capitalization to create monopolies by means of which it can stifle competition, paralyze individual effort, reduce wages, and control prices to the detriment of the public. Its i true that great industrial combinations and powerful corpora— tions are the order of the day, and have become fixtures in the busi ness life of the country, capable of wielding an immense power for good or for evil. Through skilled management, and possessing the ability to open up wider markets for the sale of their products, they are capable of doing much good; nevertheless, the fact remains that, as usually conducted, their tendency is decidedly harmful to the best interests of the country, and their proper regulation and control through legislation is one of the greatest problems which to—day con fronts our law-makers both State and Federal. A l arge majority of the States have enacted laws defining monop olies and seeking to prevent their formation, and Congress has like wise passed anti—trust legislation, yet the subject is so complex and information upon which to base action so difficult to obtain—none of the laws providing sufficiently for the securing of information-— that the tendency towards centralization of wealth, and combina— tions in trade dangerous to the public, are becoming more and more marked each year. ' In t his State we have a constitutional article giving to the Gene ral Assembly the power to enact laws to prevent trusts, combina tions, etc., and to provide penalties "to the extent, if necessary for that purpose, of forfeiture of their franchises,” and in 1897 an Act was passed carrying out the provisions of this article. This Act being deemed defective and not far-reaching enough by the Attor ney General, at the last session of the General Assembly another Act was passed, amendatory in its nature, and going nearer to the WEDNESDAY, J ANUARY 21, 1903. 75 rootf o the trouble. Power was also given to the Attorney General to secure testimony in relation to the violation of these Acts, and it is to be hoped that this legislation will be found sufficient to protect the interests of the people from oppression by combined capital. If not, it is the duty of the General Assembly to amend our laws upon this subject from time to time as the necessities of the case may de— mand, with a view always to give to capital all of its legal privileges, and to restrict in no way innocent associations among our citizens. and yet to see that corporations, to which it has given life, and clothed with great powers, use thOse powers for the betterment and not to the detriment of the masses of the people, to protect whom is the first duty of all governments. There h as been considerable discussion throughout the State dur ing the past few years in regard to the employment of children in our textile manufactories, and upon several occasions Bills forbid ding their employment have been introduced in the General Assem bly, but have failed of passage. This is one of those questions which will not be settled until it is rightly settled, and the civiliza tion of to-day regards such employment of children, no matter how favorable the conditions may be, as an evil, and one which is a menace to the future of our State. In my judgment, the General Assembly should pass a law prohibiting their employment, but in doing so time should be given for both manufacturers and operatives to adjust themselves to changed conditions. This can be done by making prohibition to take effect gradually with respect to the ages of the children. Its i certain in this question that what appears to be conflicting interests, are here involved. Under these circumstances the rights of all parties concerned should be most carefully considered, and a just and equitable adjustment—after full and generous discussion—— will reveal that, to a great extent, these apparently diverse interests have much in common. Any radical or sudden change would inevi ably work hardship upon the interests of all concerned, which can and should be avoided. The end to be obtained is the good of all concerned, and this should be borne in mind as the consideration which should receive our most careful attention. I am unwilling, h0wever, to see any child in our State deprived even for a time of educational advantages, and this fact, it seems to me, deserves to be carefully borne in mind in legislating upon this question. For older children, not to be affected by any proposed law, a night school should be arranged, if possible. Advantages hitherto denied them would thus be given to a certain extent, at least, and opportunities 76 J OURNAL OF THE SENATE.

woulde b placed within the reach of those who are in earnest in their desire to receive an education. As G overnor of South Carolina, it is my solemn duty to see that all of the laws of our State are always and everywhere enforced. For many reasons it is best to emphasize this where the Dispensary Law is concerned. This law is now upon our Statute Books, and has the endorsement of a majority of our people, and it is the duty of all law—abiding Citizens to give that same obedience to this law which they give to all others. In the discharge of the duties which may here devolve upon me. I shall recognize the obligations which are mine, and shall expect and depend upon the public spirit of all law abiding people to sustain me, and I feel sure that they will do so. In t he past few years, I am glad to say, much of the friction for merly attaching to this law has disappeared. I am aware of the fact, however, that in certain localities it may be very hard to re strain illegal trafﬁc in liquor, and to prevent the violation of this law; nevertheless, I shall seek to uphold the law, and to carry out its provisions without favor to any locality in any part of our State. The details of the Dispensary Law are familiar to allof our citizens, but perhaps its necessary difﬁculties are not generally understood nor properly appreciated. The local authorities have a large share of the responsibilities involved, and with their co-operation I shall hope for such administration of this law as shall command the re spect of all patriotic citizens. - Its i exceedingly gratifying to know that our General Assembly has, with proper appreciation, shown that we owe a great and lasting debt of gratitude to the Confederate soldier. Most of these surviv ing heroes, I rejoice to say, have no need for aid. There are others, however, who because of wounds received in battle, defending their country, and on account of age and failing strength, need from us now loving returns for the services they gave us in the days of their peerless and strong young manhood. These heroes of our own Southland—men, as you monument says:

“Whom p ower could not corrupt, Whom death could not terrify, \Vhom defeat could not dishonor”—

' t hese men gave to the world examples of patriotism which will live forever. ' And in our hearts—we for whom they struggled—their memories and the glorious heritage they bequeathed to us, will be WEDNESDAY. J ANUARY 21, 1903. 77

more d eeply cherished year by year, because of their valor and their patriotism. Let South Carolina, their own State, see to it always, that tenderly and with truest affection, these gray knights of the Southern Confederacy are given some return, at least, for the ser vice _they gave to their State. It h as been said that there are three things which make a State great—“fertile lands, busy workshops and easy lines of transporta tion." The Almighty has blessed us in South Carolina with a fertile soil. \-\"e have been giving ourselves each year, as I have already shown, busy workshops, and it now remains for us to pay more at tention to thoselines of transportation which are as indispensable to the comfort and convenience of every class of our people as they are to our industrial and commercial life. Good R oad Conventions at various times have recently been held in our State, and there seems to have been an awakening of interest among our people upon this subject, as is evidenced by the fact that some of our counties are actively at work improving the condition of their highways. I feel sure that our General Assembly will give to this subject all the attention it deserves, and will, through wise legis lation, enable our different counties to provide practical solution of this problem so vital to their welfare. Another q uestion before our people. although it is often lost sight of, is the drainage of our swamp and low lands. This is an impor tant question not only to one section of our State but to every sec tion. In 1900, an amendment to the Constitution was submitted to the people of the State, by whom it was adopted, making it manda tory upon the General Assembly to provide by law for the condem nation. through official channels, of all lands necessary for the proper drainage of our swamp and low lands, and also for the equi table assessment of all lands so drained for the purpose of paying for such condemnation and drainage. Nothing has yet been done, and, in my judgment, this amendment should not be overlooked. Ap propriations amounting to several millions of dollars have been made by the National Government for reclaiming by irrigation arid lands of the \Vest. If it will pay to expend millions for the irrigation of deserts in the West, surely it is well worth the attention of our law— makers, without permanent expense to the State, to take steps to rlrain lands as fertile as can be found anywhere, and which, in their present condition, are not only value-less, but are a standing menace to the health of South Carolina. Additional importance attaches to this subject. when we remember these now useless lands, comprise fully one-fifth of the area of our State. 78 J OURNAL OF THE SENATE, _W‘hile c onsidering subjects of general welfare to our State, it would be well for us to give attention to the importation and sale of adulterated and impure food products. Other progressive States give the greatest attention to this very important question, which we cannot afford to let passwithout due consideration. It is well to see that when our people pay their money for pure food that they should have this, and not such adulterations as are deleterious to their health. The q uestion of Biennial Sessions has been much discussed for the past few years, and, although they have been favored by a ma jority of the General Assembly, as yet two-thirds of the members have not consented. and hence a constitutional amendment providing for them has not been submitted to the people. In my judgment, were such an amendment submitted, it would be adopted, which I cannot but believe would be to the interest of the State. Very few of the States of the Union now have their Legislatures meet annu ally, and I know of no condition peculiar to South Carolina which necessitates our’s doing so. I c annot conclude without saying a word about our finances. While the bonded debt of the State is comparatively small, and its credit well maintained, as evidenced by the premium offered for its bonds in the financial markets, I, nevertheless, feel that it is incum— bent upon me to call attention to the necessity the State is under to borrow money to meet the deficiency occasioned by its current obli gations exceeding its revenue. This being the case, the deficiency naturally increases yearly, and if allowed to continue will assume serious proportions, and become a burden to the taxpayers. Refer ence to the Treasurer’s Report discloses the fact that the deficiency for the last year alone amounted to $i25,000, in round numbers. This should not be. \Ve should conduct our finances on a business basis, and in order to do so we must make our appropriations and our revenue correspond. To accomplish this will require serious consideration, for we cannot be parsimonious in the support of our public institutions, and at the same time we must bear in mind that the burden falls upon people whose condition does not warrant more taxation than is absolutely necessary to conduct the affairs of the State as our Commonwealth demands. The s ituation has to be met, and the sooner it is met the better. In making appropriations for the present year the General Assem bly should bear the foregoing condition in mind. and if they are un able to reduce the appropriations without impairing the usefulness WEDNESDAY, J ANUARY 21, 1903. 79 of o ur public institutions, then they should provide, as may seem best, for increasing our revenue, and thereby put the State upon a cash basis, a consummation so desirable that it needs no additional emphasis. And n ow, my fellow-workers, gentlemen of the General Assembly, mindful of our mutual responsibilities, and also to you, my country men, who likewise have your share in these responsibilities, together we enter upon our work, together we take up the duties which lie before us. As brethren with undivided interests, with no discordant note, let us labor together for whatsoever things are true, for what soever things are honest, for whatsoever things are just, for whatso ever things are of good report, for whatsoever things are for the welfare of South Carolina: if there be within our hearts patriotism and love of country, let us labor for these things, with this fraternal spirit inspiring our labors, and blessed with the communion it alone can give; with Truth, Justice and the Constitution, guiding, uplift ing and helping, as fellow-countrymen, bound to each other by the sacred ties of hearth and home, we will together journey onward and upward to the practical achievement of the loftiest ideals of a people.

At t he conclusion of Governor D. C. Heyward’s inaugural address, the PRESIDENT of the Senate announced that Honorable John T. Sloan, Lieutenant Governor-elect, was present and ready to qualify. \Vhereupon t he Chief Justice administered the oath of ofﬁce to him. The H onorable John T. Sloan, Lieutenant Governor and ex ofﬁcio President of the Senate, declared the Joint Assembly dissolved, and the Senate returned in a body to its chamber. The S enate reassembled at 1.40 o’clock P. M., and was called to order by the PRESIDENT, Hon. John T. Sloan, who delivered the following address: Address o f Lieutenant Governor John T. Sloan, upon taking his seat as President of the Senate:

Gentlemen o f the Senate: Elected t o the ofﬁce of Lieutenant Governor by the people of my beloved State, and required by the Constitution to preside over the deliberations of this honorable body, I assume the responsibility of my new position with a profound sense of my inexperience as a pre siding oﬁicer, and, when» contrasting myself with the distinguished men who have preceded me as President of this Senate, I cannot hope to make their records; but I am deeply impressed with the high trust 80 J OURNAL OF THE SENATE,

imposed i n me, and with your aid. and co—operation, I shall earnestly try to execute it for the public good, and for the welfare of our peo ple, in a manner liberal, aboVe narrowness and partisanship, and characterized by moderation, fairness and justice. I a ppreciate that it is a high‘ distinction to preside over the Senate of South Carolina; an honor so high that words are idle to express my appreciation of it. Composed as it is of members conspicuous for their ability and high character. representative, especially, in their loyality and supreme devotion to their State and to the welfare of its people, and gentlemen who have aided in raising her from sackcloth and ashes, and in clothing her in bright garments of honor, strength, power and wealth, and through all her trials and woes have preserved for the children of coming generations, the priceless treasure, that truth, courage and patriotism, live forever. - Through s uch aid our State has'risen from her fallen fortunes to be one of the foremost and most progressive commonwealths in our broad land. Indeed, no brighter nor more beautiful star can be found in the heavens of the Southland than our beloved Carolina. Iny m earnest efforts to discharge the onerous duties of this high office, and in facilitating the business of your honorable body. I in— voke your kind consideration and hearty co-operation. There w ill be differences of opinion, of course. on the various ques tions that will come before you during the session: but I am sure that your discussions will be marked by courtesy and gentleness, and that you will deal with all matters with one purpose, to seek the truth, to find it, and to do the right thing for your State and its people. sIt i not proper nor becoming in me to say what in my judgment should be done by you during the session, even if I could do so, for I believe on your judgment the people can rely for efiicient and wise laws. But, p ardon me, Senators, for speaking for a few moments of the prosperity of our State. During t he three months last summer of the political campaign, it was my good fortune to visit every county in the State. I was sur— prised and gratified at the industries to be seen throughout its bor ders. In some counties rivers, which have heretofore wasted their energies in moving pebbles and sand. now leap in glory as they turn thousands of spindles, manufacturing the best cotton in the world from our own fields into cloth which not only arouse the admiration of China. but is seen displayed in ship sails which defy the storms of the seas wherever our flag floats. The increased prosperity of the WEDNESDAY, J ANUARY 21, 1903. 81 sState i due largely to her cotton factories, and the presidents of these mills deserve great credit for the success they have achieved. They do not ask for class legislation to help them, but they ask for such reasonable legislation as will extend commercial relations with foreign countries. Appropriations might well be made by our State government for building and maintaining textile schools, so as to elevate and educate labor. In o ther counties could be seen acres of golden colored tobacco, which is exported largely to England and her colonies, and charms thousands of their inhabitants. nAgain, i other counties could be seen the thrift, energy and intel ligence of our farmers, as exemplified by the improved conditions of their lands and their happy homes, in their abundant harvests, diversified crops and marked improvements in well bred stock. In deed, the lowing herds of blooded cattle delighted the eye, as they plodded their way homeward in the golden light of the setting sun, from meadows green to well filled barns. In o ther counties could be seen orchards of luscious fruit, peaches and pears and strawberries _shipped to the markets of New York, Boston and Chicago before the ice is thawed in their frozen lakes and rivers. in o thers, truck farms with products of great value; still in others are lumber mills, among the largest in the world, besides valuable naval stores. Depression i s at an end in South Carolina, no longer is she a pros— trate State. Money is easy. Her banks are in a sound condition. Her finances are managed on a safe basis. Her bonds are far above par. Her credit is unlimited. Her colleges and schools are flour— ishing, and let God be praised that our people are together again; that factional lines have been obliterated, that partisan bitterness is at an end, and our people have one common interest to build up the welfare and prosperity of our State. In every direction are life, pro— gress and activity. The future of our State contains more than hope. It is a certainty, and her prosperity may be compared to a Skylark in his flight towards the blue sky, “higher still and higher from the earth thou springest, and singing stilldost soar, and soaring ever singest.” In c onclusion let me say, Senators, that I believe your deliberations will be marked by harmony and wisdom. and your acts will reflect honor upon your State, and, I humbly trust, that a merciful God will bless our free, enlightened and reunited people with peace, prosperity and happiness. 82 J OURNAL OF THE SENATE, I b eg to announcethat the Senate is now ready to proceed with business. LEAVEF O ABSENCE.

Mr.ON V KOLNITZ asked and obtained leave of absence until Friday next, on account of death in his family. On m otion of Mr. RAYSOR, at 2.10 o'clock P. M., the Senate ad journed.

Thursday, J anuary 22, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. GOODVV IN, the further reading of the Journal was dispensed with. PETITIONS, M EMORIALS, PRESENTMENTS OF GRAND JURIES AND SUCH LIKE PAPERS.

S. 7 I.—Mr. JOHNSON: Claim of Aiken Recorder, advertising special election, $10.28. Referred t o Committee on Contingent Accounts. S. 7 2.—Mr. JOHNSON: Claim of Aiken Times, advertising spe cial election, $10.28. Referred t o the Committee on Contingent Accounts. S. 7 3.—Mr. JOHNSON: Claim of Aiken Journal and Review, advertising special election, $10.28. Referred t o the Committee on Contingent Accounts. S. 7 4. Mr. MAYFIELD: Expenses of Legislative Investigating Committee, under Concurrent Resolutions adopted by the Senate and House of Representatives at the 1902 session of the General Assem bly of the State of South Carolina (see pages 1335-6, and also page 1357 of the Act of 1902), $343.10. THURSDAY, J ANUARY 22, 1903. 83

Referred t o the Committee on Contingent Accounts. S. 7 5.—-Mr. MAYFIELD: Expenses for freight on furniture for Senate Committee rooms, $109.84. Referred t o the Committee on Contingent Accounts. S. 7 6.—Mr. MAYFIELD: Account of Muich & Eisenbreg' for furniture for Committee rooms, $2,928.89. Referred t o the Committee on Contingent Accounts.

REPORTSF O COMMITTEES.

Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report, with amendment, on S. 2 .—Mr. Gaines: A Bill to regulate the trafﬁc in seed cotton and unpacked lint cotton. Ordered f or consideration to~morr0w. Mr. M ARSHALE, from the Committee on Commerce and Manu factures, submitted a report, without recommendation, on S. 3 .-—-Mr. Marshall: A Bill to regulate the employment of chil dren in factories, mines and manufacturing establishments in this State. Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Commerce and Manu— factures, submitted a favorable report on S. 6 .—Mr. Dean: A Bill relating to the powers of manufacturing corporations. Ordered f or consideration to—morrow. Mr. G AINES, from the Committee on Agriculture, submitted a favorable report on S. 1 8.—Mr. Gaines: A Bill to ﬁx the weight of and regulate the trade in corn meal. Ordered f or consideration to-morrow. Mr. H AY, from the Committee on Judiciary, submitted an unfav orable r eport on S. 26.-—-\’Ir. Stanland: A Bill to prevent the sale or keeping for sale a ny toy pistols, or caps or cartridges for same. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 3 3.—Mr. Stanland: A Bill to amend Section 1019 of Civil Code of South Carolina, Vol. I, with reference to Magistrates, their num ber, power, duties and jurisdiction. Ordered f or consideration to-morrow. 7—s. J.—(500) 84 J OURNAL OF THE SENATE,

Mr. W ILLIAMS, from the Committee on Finance, submitted a favorable report, w‘th amendment, on S. 4 0.—Mr. Blake: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 5 2.-—Mr. Hay: A Bill to amend an Act entitled “An Act vest— ing all the right and title of the State in or to the \Vateree Canal in the owners of land adjacent thereto, severally,” approved December 24, A. D. 1892, and Acts amendatory thereof. Ordered f or consideration to—morrow. By M r. MARSHALL: The J oint Committee of Arrangements for the Hampton Memorial beg leave to report that they have had the same under consideration, and beg leave to suggest the following:

THE O RDER OF PROCEEDINGS AT THE MEMORIAL EX ERCISES IN COMMEMORATION OF GENERAL WADE HAMPTON: At2 1 o’clock M., on the 23d day of January, A. D. 1903, the Joint Assembly will convene. At 1 1.45 the participants in the exercises will assemble in the office of the Governor and promptly at 12 M. will proceed to the House of Representatives in the following order: 1. T he orator of the day, Gen. M. C. Butler, with the Chairman of the Joint Committee, Senator Marshall. 2. H is Excellency Governor D. C. Heyward with the Honorable Lewis VVardlaw Haskell. 3. E x-Governor M. B. McSweeney with Honorable \V. L. Maul din. 4. C hief Justice Y. J. Pope with Hon. E. H. Aull. 5. R t. Rev. Bishop Capers with Senator Robert Aldrich. 6 A ssociate Justice Eugene B. Gary with Hon. LeRoy F. You— mans. 7. A ssociate Justiee Ira B. Jones with Senator J. C. Sheppard. 8. T he Judiciary, State and Federal. 9. I ncumbent and retiring State officers. THURSDAY, J ANUARY 22, 1903. 85 IO. O ther distinguished citizens. II. U pon arriving at the door of the House the Sergeant-at—Arms will announce the orator of the day and his escort, when the presid ing officer will call upon the Joint Assembly to rise and receive the orator of the day and his escort. Upon e ntering the Hall and being seated, the presiding officer will call on the Clerk of the Senate to read the Concurrent Resolution under which the Joint Assembly is convened. The p residing officer will announce that the proceedings will be opened with prayer by the Rt. Rev. Bishop Ellison Capers. Senator A ldrich will offer preamble and resolution of respect to the memory of General \Nade Hampton, which will be handed up and read by the Reading Clerk of the House of Representatives, and supported in a short speech. The r esolution will be seconded by Hon. \V. L. Mauldin in a short speech, and upon the conclusion of which the preamble and resolution will be put to the Joint Assembly and adopted by a rising vote. The o rator of the day, Gen. M. C. Butler, will then be introduced by Senator J. C. Sheppard. At t he conclusion of the address the benediction will be pronounced by Rt. Rev. Ellison Capers. The J oint Assembly will then dissolve. The f ollowing persons are specially invited to attend the memorial exercises in commemoration of the late General Wade Hampton, to be held in the House of Representatives, on the 23d day of January, at 12 M. : The o fficers and members of \IVade Hampton Chapter United Daughters of the Confederacy. The o fficers and members of Wade Hampton Camp United Con federate Veterans. Ex—ofiicers a nd soldiers of the Hampton Legion and Cavalry Corpsf o the Army of Northern Virginia. Members of the Clergy. Members o f the press. The p ublic generally. J. Q. MARSHALL, Chairman.

Upon i mmediate consideration the report was adopted. And a m essage sent to the House of Representatives accordingly. 86 J OURNAL OF THE SENATE, INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 5 8.—Mr. HERNDON: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of this State,” approved 26th day of February, A. D. 1902. ' Read t he first time and referred to the Committee on Roads, Bridges and Ferries. S. 5 9.—Mr. SHEPPARD: A Bill to declare certain bonds issued by the corporate authority of Pickens and Wise Township, in Edge field County, to be valid and legal obligations of said township, re spectively, and to provide for the payment of the same. Read t he first time and placed on' the Calendar without reference or printing. S. 6 0.—Mr. CARPENTER: A Bill to authorize and require County Commissioners to refund certain commutation road tax. Read t he first time and referred to the Committee on County Offi— ces and Officers. S. 6 I.-—Mr. DOUGLASS: A Bill to provide for a voting precinct in each of the four wards in the town of Union. Read t he first time and referred to the Committee on Privileges and Elections. S. 6 2.—Mr. HOUGH: A Joint Resolution to require the Trea— surer of Lancaster County to refund to I. B. Langley certain taxes. Read t he first time and referred to the Committee on Finance. S. 6 3.——Mr. RAYSOR: A Bill to amend Section 1293 of Volume I, of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina. Read t he first time and referred to the Committee on Education. S. 6 4.—Mr. VON KOLNITZ: A Bill to amend the charter of the town of Moultrieville, Sullivan’s Island. Read t he first time and referred to the Committe on Incorpora— tions. S. 6 5.—Mr. J. W. RAGSDALE: A Joint Resolution to refund to Mrs. Carrie Hallford, of Florence County, $36.03 as a rebate on taxes improperly paid. Read t he first time and referred to the Committee on Finance. THURSDAY, J ANUARY 22, 1903. 87 PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: .H. R 66. Mr. Lofton: A Bill granting to the United States of America the title of this State to and the jurisdiction of this State over certain lands in Charleston County needed for “Improving the inland waterways between Charleston harbor and a point opposite McClellanville,” in said County. Read t he first time and referred to Committee on Judiciary. H.. R 67.—Mr. Sinkler: A Bill to refund, repay and return cer tain taxes to “The Protestant Episcopal Church of the Parish of St. Philip, in Charleston, in the State of South Carolina.” Read t he first time and referred to Committee on Judiciary. .H. R 68.—l\-Ir. Lesesne: A Bill to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. Read t he first time and referred to Committee on Judiciary. H.. R 69.——Mr. Lesesne: A Bill to amend 'Section 2508, Vol. I, Civil Code, 1902, limiting admission of wills as evidence. Read t he first time and referred to Committee on Judiciary. H.. R 7o.—-Mr. Cooper: A Bill to provide for reindexing the pub lic records in the office of the Clerk of Court for Laurens County. Read t he first time and referred to Committee on County Offices and Officers. ' The S ergeant-at-Arms announced MESSAGE F ROM THE GOVERNOR. Message N o. I from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary. The M essage was read, as follows: Statef o South Carolina, Executive Chamber, Columbia, January 22, 1903. To the Honorable the President of the Senate and Gentlemen of the General Assembly. ~ Gentlemen: I h ave this day received the resignation of the Hon. \V. H. Townsend as Code Commisisoner, to take effect immediately. The r esignation has been accepted, and this occasions a vacancy in the office of Code Commissioner. Respectfully, , D.. C HEYWARD, Governor. 88 J OURNAL OF THE SENATE,

Received a s information. RESOLUTIONS.

S. 7 7.—Mr. MANNING: A Concurrent Resolution providing for the election of a Code Commissioner:

\IVhereas a v acancy exists in the office of Code Commissioner by reason of the resignation of W. H. Townsend, Esq; therefore, be it Resolvedy b the Senate, the House of Representatives concurring, That both Houses convene in Joint Assembly on Tuesday next, the 27th inst., to elect a Code Commissioner for the unexpired term of W. H. Townsend, Esq. Such election to be held immediately after the election for one Associate Justice of the Supreme Court.

Upon i mmediate consideration the Resolution was adopted. S. 78.—Mr. MAYFIELD: Resolution relating to the appoint ment of door-keepers for the Committee rooms of the Senate:

Resolved, T hat the President of the Senate be, and he hereby is, authorized to appoint a door-keeper for the Judiciary Committee of the Senate; also one door-keeper to act jointly for the Committee on Finance and Railroads; each of whom shall receive three (3) dollars per day.

Objection b eing made to its immediate consideration by Mr. , SHARPE, it was ordered for consideration to-morrow.

GENERAL O RDERS.

THIRD READING BILLS. S. I I.—-Mr. McCall: A Bill to amend an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Volume 1, of the Code of Laws of South Caro lina, 1902.” On m otion of Mr. SHEPPARD, the Bill was recommitted to the Committee on the Judiciary, with the instruction to report a general Bill upon the subject. SECOND R EADING BILL.

S. 5 3.—Mr. Gaines: A Bill to deﬁne the limits of the school dis trict of the town of Greenivood designated as No. 18, and to validate the election of trustees therein. FRIDAY, J ANUARY 23, 1903. 89

The B ill was read and ordered placed on the Calendar for a third reading. Mr. S HEPPARD moved that when the Senate adjourn it be ad journed to meet to-morrow at 11 o’clock A. M., which was agreed to. On m otion of Mr. HOUGH, at 12.40 o’clock P. M., the Senate ad journed.

Friday, J anuary 23, 1903.

The S enate assembled at 11 A. M., the hour to which it stood ad— journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. JOHNSON, the further reading of the Journal was dispensed with. The P RESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers. REPORTSF O COMMITTEES.

Mr. S HARPE, from the Committee on Contingent Accounts, sub mitted reports on the following claims, recommending that they be referred to the Committee on Claims and Grievances, which were im mediately considered and agreed to: S. 7 1—Mr. Johnson: Claim of Aiken Recorder, advertising spe cial election, $10.28. S. 7 2.—Mr. Johnson: Claim of Aiken Times, advertising special election, $10.28. S. 7 3.—Mr. Johnson: Claim of Aiken Journal and Review, ad vertising special election, $10.28. Mr. S HARPE, from the Committee on Contingent Accounts, sub mitted favorable reports on the following claims, which were sever ally considered and adopted, to wit: S. 7 4.—I\Ir. Mayfield: Expenses of Legislative Investigating Committee, under Concurrent Resolutions adopted by the Senate and House of Representatives at the 1902 session of the General Assem 90 J OURNAL OF THE SENATE, blyf o the State of South Carolina (see pages 1335—6, and also page 1357 of the Act of 1902), $343.10. S. 7 5.-——Mr. Mayfield: Expenses for freight on furniture for Sen ate Committee rooms, $109.84. S. 7 6.—Mr. Mayfield: Account of Muich & Eisenbreg for furni— ture for Committee rooms, $2,928.89. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable majority report on S. 2 9.—Mr. Warren: A Joint Resolution proposing to amend Sec— tion 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 3 0.—Mr. Raysor: A Joint Resolution ,to amend Section 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. Ordered f or consideration to—morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on S. 3 9.—Mr. McIver: A Bill to amend Section 948 of the Civil Code, Vol. 1, Code of Laws, 1902, so as to dispense with the certifi cate as to the official character of a Notary Public. Ordered f or consideration to—morrow. Mr. R AGSDALE, from the Committee on Railroads and Internal Improvements, submitted an unfavorable report on S. 5 4.—Mr. J. W. Ragsdale: A Bill to require the free transporta tion of certain officials by common carriers of passengers in this State. Ordered f or consideration tomiorrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on S. 6 3.—Mr. Raysor: A Bill to amend Section 1293, of Vol. 1, of Code of Laws of South Carolina, 1902, relating to the Colored Nor mal, Industrial, Agricultural and Mechanical College of South Caro lina. Ordered f or consideration to-morrow. v Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 66.—Mr. Lofton: A Bill granting to the United States of America the title of this State to and the jurisdiction of this State FRIDAY, J ANUARY 23, 1903. ' 91 ove'r c ertain lands in Charleston County needed for “Improving the inland waterways between Charleston harbor and a point opposite McClellanville,” in said County. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 67.—Mr. Sinkler: A Bill to refund, repay and return cer tain taxes to “The Protestant Episcopal Church of the Parish of St. Philip, in Charleston, in the State of South Carolina.” Ordered f or consideration to—morrow. Mr. R AYSOR, from the Committee on Judiciary, submitted a favorable report on H.. R 68.—Mr. Lesesne: A Bill to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. Ordered f or consideration to-morrow. .Mr. G W. RAGSDALE. from the Committee on Judiciary, sub mitted a favorable report, with amendment, on .H. R 69.—Mr. Lesesne: A Bill to amend Section 2508, Vol. 1, Civil Code, 1902, limiting admission of wills as evidence. Ordered f or consideration to-morrow. S. 8 7.—Mr. HARDIN: Report of Joint Committee appointed to examine the expenditures of the Educational Institutions of the State. Received a s information and ordered printed in the Journal.

FREPORT O LEGISLATIVE COMMITTEE IN REFER ENCE TO STATE EDUCATIONAL INSTITUTIONS. Columbia, S . C., January, 1903. To the General Assembly of South Carolina: At t he last session of your honorable body an Act was passed by you and duly approved by the Governor, providing that the pre siding ofiicers of the Senate and House of Representatives should annually appoint a committee, consisting of two members of the House of Representatives and one member of the Senate, whose duty it should be in December of each year, to examine into the ex penditures of all sums of money used for the maintenance and sup port of the State educational institutions of the State, and the physi— cal conditions of such institutions, and to report their findings to the General Assembly next after their appointment, together with 92 J OURNAL OF THE SENATE, any s uggestions looking to the efficiency of such institutions 01; any of them. In a ccordance with said Act the Speaker of the House of Repre sentatives appointed as members of the committee on the part of the House, P. L. Hardin and Thomas H. Rainsford, and the Presi dent of the Senate appointed on the part of the Senate, \iVm. N. Graydon. Your c ommittee met in Columbia on the eighth day of Decem ber, 1902, and organized by the election of the Honorable P. L. Har din, of Chester, as Chairman, and proceeded to discharge its duties. \Ve now beg to submit the following:

I. W INTHROP COLLEGE. Your c ommittee made a thorough examination of the college and all its departments, and was very much facilitated by the kind as sistance rendered us by the President and the bookkeeper, especially the former. We found the college in splendid condition, and, in our judgment, admirably managed in every department. Every effort seems to be made for the welfare and happiness of the stu dents, and they all seem to be happy and contented, and enthusiastic in the pursuit of knowledge. The books of the college are admir ably kept, and show the expenditure of every cent, in the minutest detail. The committee examined the accounts connected with the building of the new Dormitory, and found proper vouchers for all sums expended. In our judgment a mistake was made in not let ting out the contract for building the Dormitory to the lowest re sponsible bidder, and believe that if that had been done, the State would have saved several thousand dollars in that matter. We recommend that in the future, should it be necessary to build any building for the State, that the General Assembly require it to be done by contract. ' We r egard the farm as a very important adjunct to the college, and while it is apparently operated without any proﬁt, still the col lege could not well do without it. With such a large number to provide for, it is absolutely necessary to have a regular source of' pure food supplies, and this the farm insures. If we take into ac count the cost of the farm, the present value, and the value of the live stock on hand, there has been a good proﬁt to the State. The farm contains one hundred and forty-four acres, which cost twenty dollars per acre. The improvements cost about three thousand dol~ FRIDAY, J ANUARY 23, 1903. 93

lars, a nd in our judgment the farm as it now stands is worth from sixty to seventy-five dollars per acre at a low estimate. In addi tion to the value of the farm, there is now on hand fifty-seven milch cows, worth on an average of forty dollars a head. There are also six good mules, a number of calves and yearlings, a number of beef cattle, and about a hundred head of fine hogs. To give you an idea what the farm is doing, we submit a report of its operations for the last year, beginning June Ist, 1901, and ending June Ist, 1902, as shown by the bookkeeper's books. As will be seen by this Q the report, college t he accounts proper, the of the farm farm being are chargedkept separate with and everything distinct spent from on it by the college and credited with everything furnished to the college. As s tated above the last year’s account stands as follows :.

FARM D EBTOR TO THE COLLEGE. To L abor account, Farm and Dairy...... $ 2,616 75 To Beef, Cattleand Hogs...... 4,524 03 To FeedandSnpplies...... 3,222 48 To Seed and Fertilizers...... 596 18 To Salary of Dairyman and Foreman Farm...... 450 00 To Salary Superintendent Farm...... 600 00 Total Advanced to Farm from College...... $12,009 44 CREDIT. By 60,222 lbs. Net Beef, at 7 1-2 cents...... $ 4,516 65 By 9,377 lbs. Butter, at 20 cents...... 1,875 40 By 8,100 lbs. Net Pork, at 7 1-2 cents...... 607 50 By 3,857 Gallons Whole Milk, at 22 1-2 cents...... 867 82 . By 15,400 Gallons Sweet Skim Milk, at IO cents...... 1.540 00 By 719 Gallons Buttermilk, at 8 1-3 cents...... 58 91 By 13 3-4 Gallons Cream, at $1.00...... 13 75 By 1,213 Quarts Strawberries at 12 1-2 cents...... I51 62 ByVegetables... 150 I5 By Supplies for Cooking School...... 8 80 By Hauling for the College 34 days at $2.50...... 85 00 By 1,000 Gallons Canned Peaches, Apples and Toma 37304 By Cash received for Hides, Calves, Butter and Vege— tables...... 1,107 96 Total r eceived by College from Farm...... $11,356 66 94 J OURNAL OF THE SENATE,

There a re enrolled in the college this year four hundred and fifty two students, only eighty-seven of whom pay tuition. The charge for tuition is forty dollars for the school year. Of the total num— ber enrolled, sixty-four live or board in the City of Rock Hill, and three hundred and eighty-eight board and room at the college. In addition to the students, thirty—seven of the teachers and officers room and board in the college, making four hundred and twenty provided for inside the college walls. This is done by charging each one ten dollars per month for board, which also includes the laundry. This board is paid by teachers, pupils, and all who stay in the college. In addition to the above charges each pupil is charged a Matriculation fee of five dollars, a medical fee of five dol lars and a book fee of four dollars. To take care of this large number of pupils requires of course a considerable number of people. There are forty-four ofiicers, teachers and assistant teach ers, whose names and salary will be found in the President's Re port to the General Assemly. In addition to these it may prove of interest to the General Assembly to give the pay roll of the labor ers for one week, as a sample. We selected the week ending De ccmber 6th, 1902, the week before we were there, as a fair sample. Of course it will vary slightly from week to week, but is a fair sample for the thirty—seven weeks in the school year. During the vacation, of course, this number is almost entirely done away with. We give the different occupations and the weekly wages: I M ail Carrier, at...... $ 3 50 per week 2 Janitors in Main Building, at...... 3 50 per week I Door Maid and Messenger, at...... I 25 per week I Carpenter, at...... 12 00 per week 3 Maids in North Dormitory, at...... 3 75 per week 2 Servants in Infirmary, at...... 2 75 per week 3 Maids in South Dormitory, at...... 3 75 per week 26 Servants in Dining Room, Kitchen and Bak ery,at...... 5268perweek 29 Hands in Laundry, at...... 60 70 per week 6 Hands in Power House and Pump Station, at. 23 IO per week 8 Handson Farm, at...... 24 45-per week 5 Hands inDairy, at...... 20 70 per week 4 Hands on Grounds, at...... I4 75 per week

Total weekly pay roll for servants of .. ..$228 88 Total n umber, 91. Of these 67 are fed from the college. FRIDAY, J ANUARY 23, 1903. 95

The c ollege is steam heated, fitted with water pipes, and lighted with electricity. The water is obtained from four artesian wells situated about half a mile from the college, and has been analyzed and pronounced remarkably pure. There is a well-equipped laundry on the grounds, and a cold storage department that keeps everything in the provision line in fine condition. To give some idea of the im mensity of the provisions it takes to run the institution, the President informed the committee that it takes two barrels of flour, a large beef, forty pounds of butter, and other things in proportion, to feed the crowd one day. The r eceipts and disbursements of the college for the eleven months beginning January Ist, 1902, and ending December Ist, 1902, are as follows: - Cashn o hand January Ist, 1902...... $ 6,511 81 Received in January...... 1,504 37 Received in February...... 18,795 11 Received i n March...... 10,324 20 Received in April...... 6,202 25 Received in May...... 12,966 81 Received 8,039 53 Received 1,34047 Received in August...... 1,28290 Received in September...... '...... 25,711 44 Received in Octoberf...... 7,711 58 Received in November...... 7,48780 Total r eceipts for eleven months...... $107,878 27

DISBURSEMENTS. J anuary...... 7,51679 February...... 11,46500 March...... 14,05201 April...... 8,324 29 May...... 8,479 56 June...... 13,77044 July...... 1,542 98 August...... 2,091 63 September...... ,...... 6,401 72 October...... 10,601 24 November...... 12,99590 Total d isbursements for eleven months...... $97,241 56 96 J OURNAL OF THE SENATE,

This l eft on hand December Ist, 1902, the sum of $10,636.71. As will be seen by the report of the President and Board of Trustees, the matter of lighting the college is a considerable item. In the limited time at our disposal we did not undertake to investigate that matter, but it might be well for the General Assembly to investigate and determine the advisability of installing its own electric plant to supply lights for the college. _ W hile the college, of course, is non-sectarian, the students are under good religious influences. Services are held in the auditorium by preachers of different denominations at stated periods, and the pupils are expected to attend. In a ddition to this there is a well organized Young \Vornan’s Chris-' tian Association, which is doing good work for the students. It has over three hundred members, and they conduct religious services fre quently. Its officers are as follows: President—Miss J ennie Mae Carroll. Vice P resident—Miss Lavalette Dupuy. Recording S ecretary—Miss Christine South. Corresponding S ecretary—Miss Annie W. Holman. Treasurer—Miss L ucia Bee Able. The P resident, Miss Carroll, and Recording Secretary, Miss South, appeared before your committee and stated the object of the Association, and its purpose to build a hall of its own, somewhere on the grounds of the college, and expressed their intention at some time in the future of asking the General Assembly to assist them with the building. we hope that whenever the question is brought up, the General Assembly will give a favorable consideration to this matter. As w ill be seen by the figures above, there are four hundred and fifty-two students in attendance on \Vinthrop College, and the total receipts from all sources for eleven months, ending December Ist, 1902, were $107,878.27. If the receipts for December should aver age about the same as the other months, then the total receipts would be $117,685.38. It will be observed that sixty-four of the girls live or board outside of the college walls, but if they were all inside, and all paid the same amount of board as the other girls pay, the total receipts of the college from all sources would be about $123,790.38. \ If y ou will divide the number of pupils into this amount you will find that it costs the State and .the individual together, about $273.00 to get a year’s schooling at this college, not including the railroad fare. FRIDAY, J ANUARY 23, 1903. 97

2. C LEMSON COLLEGE. Your c ommittee spent almost a week at this college and were sur prised and gratified at' the progress that has been made. It is an immense concern and is doing a good work for the young men of the State. The agricultural department of the college is, however, in the judgment of your committee, the smallest part of the college. The idea that young men could go there, and by working on the farm pay their way through college has not panned out in practice. The students do very little, if any work, on the farm. The mechan— ical department, however, of the college is furnishing valuable train ing to the students, and many of them are becoming skilled mechanics in the different departments of that work. Your committee made a thorough examination of every department of the institution, and found all the latest improved machinery in active operation, and the students being taught the actual operation of the various machines. Your committee visited the various classrooms and saw the actual work of the college, and are gratified to report that professors and students seem in earnest, and striving to do their whole duty. From what your committee could learn there has been some friction between the student body and some of the faculty, but that has all been settled now, and everything is moving along satisfactorily and harmoniously. The n umber of students enrolled for this scholastic year was five hundred and thirteen, and the number in actual attendance at the time of our visit was about four hundred and seventy. Of this number only fifty-three pay the tuition fee of forty dollars. The students mostly board and lodge in the barracks, with the exception of a few who live with friends or relatives on the grounds. They are charged six- dollars and fifty cents board, and one dollar per month for laun dry, making seven dollars and fifty cents per month the cost of board and laundry. The students are furnished good, wholesome food, and plenty of it, for this amount. In addition to this amount each student is required to pay a hospital fee of five dollars, an in cidental fee of five dollars and a breakage fee of two dollars, which latter amount is refunded to him if he does not break anything dur ing the term. The uniform costs twenty—three dollars, making the total actual cost to a student who pays tuition one hundred and forty-two dollars and forty-two cents and of a students who does not pay tuition, one hundred and two dollars and forty-two cents. As is well known, there is an experimental station connected with the 98 J OURNAL OF THE SENATE,

college,r o run on the college grounds, which is supported by the United States Government, out of what is known as the Hatch fund, amounting to fifteen thousand dollars per year. This amount is kept separate from the college proper, and has to be accounted for an nually t0 the United States Government. However a part of that fund is applied to the salaries of some of the professors in the col lege, who are also in the employment of the United States Govern ment on the Experimental Station. That will be shown by the sal ary list of the officers and professors of the college, which we submit with this report. The following is a list of the professors and offi cers, and their salaries, as shown by the books of the college, and where the salaries come from:

Professors a nd Ofﬁcers. Amt. Salary. Ex. Stat. College. P. H. Mell...... $2,700 00 $700 00 $2,000 00 H. M. Stackhouse...... 1,200.00 1,200 00 P.H.E.Sloan...... 1,20000 1,20000 M. B. Hardin...... 2,500 00 500 00 2,000 00 R. N. Brackett...... 1,500 00 300 00 1,200 00 C. C. McDonnald...... 1,200 00 1,200 00 B. F. R0bertson...... 1,000 00 1,000 00 D.H.chry...... 80000 80000 J.V.Lewis...... 1,75000 1,75000 J. S. Newman...... 2,000 00 1,000 00 1,000 00 F.S.Shiver...... 1.20000 60000 60000 G.E.Nesom...... 1,50000 75000 75000 C. E. Chambliss...... 1,20000 60000 60000 C. C. Newman...... 1,200 00 600 00 600 00 G.S.Pickett...... 80000 80000 O.M.\Vatson...... 6 0000 60000 H.Metcalf...... 5 0000 75000 75000 J. N Hook 950 00 900 00 50 00 W. M. Riggs . 1,800 00 1,800 00 T G. Poats ...... 1,200 00 1,200 00 S.B.Earle...... 1,50000 1,50000 Willis Johnson...... 1,200 00 1,200 00 l/V.VV.Klugh...... 90000 90000 R.E.Lee...... 1,2oooo 1,20000 C.S.Wright...... 1,20000 1,20000 J.H.M.Beaty...... 2,00000 2,00000 J.H.James...... 1,20000 1,20Q00 FRIDAY, J ANUARY 23, 1903. \O \0

F.. B Frissell...... 1,500 8888888888888888888888888888 1,500 88888888 J. H. Hook.-...... 1,200 1 ,200 C. M. Furman...... 1,750 1,750 \V. S. Morrison“ ...... 1,750 1,750 P. T. Brodie...... 1,750 1,7 50 G. S. McLucas...... 1,200 1,200 S. V\-’. Reeves. .. . . 1,200 1,200 M. F. Bradley...... 600 J. E. Hunter.. . 600 600 A.B.Bryan...... 800 8 00 J.P.Lewis...... 900 900 8888888 G. E. Taylor.. . . 1,000 I ,000 T. W. Keitt...... 1,200 1 ,200 H. H. Kyser...... 1,200 I ,200 John W'. Gantt...... 600 C. O. Upton.. .. . 900 4500 0 450 A. M. Redfearn...... 150 I 5 0 H. Benton...... 1,200 8 8 600 88888888888 A.L.Lewis...... 300 300 M. B. \Vannamaker.. .. . 480 480 S. M. Martin.. . . 1,200 I ,200 B.M.Parker...... 700 700 G. Shanklin...... 1,200 1 ,200 S. M. Robertson. . .. 300 300 F.T.Dargan.... 600 600 R.J.Foster...... 7 700 .D. W Daniel...... 1,200 I ,200 C. D. VValler.. . . 1,200 I ,200

Total s alaries. . $64,480 00 In a ddition to this, Dr. A. M. Redfearn is paid a salary of $1,200 out of what is called the Cadet Fund, that is, from the board, fees, e tc. The o fficers and professors who have families are all furnished . a dwelling house to live in, there being thirty—four nice houses oc— cupiedy b the teachers and ofﬁcers. Your c ommittee made a thorough investigation of the ﬁnancial affairs of the college, and went over the books for the year 1902.

8—5-~ 1 (500-) 100 J OURNAL OF THE SENATE,

The b ooks show the following receipts for the eleven months be ginning January Ist, 1902, and ending December Ist, 1902: January...... $11,653 18 February...... 1,296 95 March...... 49,901 27 April...... 9,390 64 May...... 9,444 58 June...... 4,43000 July...... 4,633 18 August...... 1000 Septeniher...... 1,104 00 October...... 4,21000 November...... 685 55

Total r eceipts college proper...... $96,729 55

The e xpenditures for the same period were as follows: January...... $10,546 62 February...... 8,124.22 March...... 8,862 58 April...... 8,976 73 May...... 8,392 42 June...... 12.691 71 July...... 7,189 47 August...... 8,058 38 September...... 12,036 24 October...... 7,935 77 November...... 6.560 02

Total e xpenditure college proper...... $99,344 16 On J anuary 1st, 1902, the books show there was a deﬁciency of $16,841.11. This leaves a deﬁciency for the eleven months of $19,— 455-72 W e a lso desire to submit statements from the books for the same period showing the amount of what is called The Cadet Fund, which, as we understand it, is the amount paid by the students for board and laundry. FRIDAY, J ANUARY 23, 1903. 101

Amountn o hand January 1st, 1902...... $ 5,617 93 Receipts for Eleven Months: January...... 519 33 February...... 7,028 64 March...... 1,171 56 5,43719 9830 June...... '...... 53593 July...... 4,00000 August...... 8886 September...... 17,857 95 October.. .. . 542 91 November...... 7,019 55 Total r eceipts from Cadet Fund for eleven months. .$49,918 15 Expenditures f rom Cadet Fund for Eleven Months: January...... $ 2,728 54 February...... 4,557 74 March.. .. . 4,488 76 April...... 4.371 10 May...... 3,377 49 June...... 3,09258 July...... 37764 August...... 465 78 September...... 2,320 73 October...... 3,12746 November...... 4,103 01

Total e xpenditures for eleven months...... $32,810 82 Pursuing t he same method with this college as with \Vinthrop we fi nd that the total expenditures for eleven months were $132, 154.96. If we assume that the expenditures for December would be in the same proportion as the other eleven months, we find that the total expenditures of the college proper and of the Cadet Fund would amount to $143,931.23. If to this amount we add the hire of thirty-three convicts at four dollars per month, which is the amount paid for them by the counties, amounting to $1,584.00, and so much of the Hatch Fund as is applied to the salary of the Professors, $8,550.00, we find that the total expenditures of the col lege, outside of the farm to be $154,071.33. If we deduct from this $43,386.65 spent for permanent improvements and then add the 102 J OURNAL OF THE SENATE, deficiency $ 19,455.72, we find the total amount spent to be $120, 140.40. Dividing this by the number of students in attendance, 470, we find the total cost per pupil each last year to be about $276, exclusive of railroad fare. There w as spent last year for permanent improvements the fol— lowing amounts: Fivenewcottages...... $4,34230 D esksandseats...... ‘L..... 633 88 NewBarracks...... 26,61309 New Chemistry Building...... 5,949 02 NewCowBarn...... 42903 AdditiontoHotel...... 1,388 43 Maintenance and equipment of Barracks...... 4,000 00

Total...... $43,38665 Your c ommittee made a thorough inspection and examination of the farm connected with the college, but do not regard it as in a very satisfactory condition. \Nhile there is over eleven hundred acres in the farm, only about two hundred are of much value for purposes of cultivation. It is hilly, and rather thin. we c ould get no idea of what the farm was doing from the books of the college, and your committee thinks there should be a different system adopted in the management of the farm. It is worked mostly by convict labor, there being thirty—three convicts kept at the college the year round, but no regular system has been adopted by which it can be shown what the farm produces. The d airy herd has also been allowed to run down, and it is not what it should be. We recommend that the farm and dairy be put under the management of one competent man, and that he be held responsible for the results, and allowed to manage things to suit himself, so far as the farm and dairy is concerned. We do not mean by these remarks to criticise the very efficient superintendent of the farm, Mr. I. P. Lewis, because in our judgment he is the right man in the right place. But it is only the system that we do not like. For instance, it makes no diﬂerence how busy things may be on the farm, if the convicts are called for by the college authorities to work on the grounds they have to go. In our judgment the convicts should be charged to the college proper, or to the farm proper and whenever they work for the other credit should be allowed. In the judgment of your committee separate books of account should be FRIDAY, J ANUARY 23, 1903. 103

keptf o the farm and dairy, from the regular college books so that it would be possible to tell whether they are being run at a prpﬁt, or a loss. As said above we could not ascertain how the‘farm stood, but the superintendent of the farm, Mr. Lewis, has furnished us the following items, which we give for your information: 10 a cres of wheat cut green for cows...... $ 70 00 6acresofrye,cutgreenforcows...... 3o 00 2acres of oats, cut green for cows...... 14 oo 40 tons of hay for mule barn, at $12 per ton...... 480 00 26 tons of hay for cow barn, at $12 per ton...... 312 00 20 tons of sto_ver for cows, at $5 per ton...... 100 00 2,900 bushels of corn, at 50c. per bushel...... 1,450 00 28 two-horse loads of peanuts...... 72 00 6 two-horse loads pumpkins, at $3 per load...... 18 00 1,050 bushels of sweet potatoes, at 40c. per bushel...... 540 00 200 bushels cow peas at 75c. per bushel...... 150 00 160 bushels sorghum seed, at $1.25 per bushel...... 200 00 320t0nsensilage,at$3perton...... 96000 4acres green corn for barracks...... 40 00 3acres green corn, for convicts...... _ .. 30 00 Iacreonion,forboys...... 35 00 I-2acrekale...... 1000 I-4acreturnips...... 600 Sold from farm,pigs...... 75 00 Killed 28 hogs, 6,800 lbs. pork.. 544 00 20h0gstokill,1501bs.nct...... 12000

Total...... $5,25600 The l aborers employed in the college and around the grounds, in— cluding the board of the convicts and pay of the guards average about $800.00 per month. There a re forty or forty-ﬁve milch cows and a lot of other cattle. one hundred and ten head in all. There are about twenty head of mules on the place, and about two hundred and sixty acres of land in cultivation. \Ve also visited the Experiment Station, where ef forts are being made to determine the most suitable crops for this part of the country, and to determine the different soils suitable for the different crops. The c ollege property is generally in good condition and is being 104 J OURNAL OF THE SENATE, well c ared for. A hotel is run on the grounds at which people can be accommodated. This is run by the college. A c ommittee' from the Young Men’s Christian Association of the college waited upon us, and presented their claims, asking for an appropriation to build a hall of their own. The ofﬁcers are as fol lows: President—W. O . Cain, Jr. Vice P resident—T. B. Young. Secretary—J. R . Connor. ' Treasurer—T. K . Rhodes. These y oung men hold religious services frequently, and we think are doing a good work. \Vhenever the State is able we hope they may be able to get-help from the General Assembly.

HE3. T CITADEL ACADEMY. Your c ommittee visited this institution and were cordially re— ceived by Colonel Coward, the noble old Roman who has so long and ably managed this college. Under his guidance we were taken through the entire college, and made a close inspection of every de partment of the college. There a re one hundred and twenty-seven cadets in attendance. sixty-eight of whom are beneficiary cadets, that is, are educated en tirely by the State. They are a fine lot of young men, and will doubtless some day be a credit to the State. We found everything at the Citadel run in the plainest and simplest manner, and with absolutely no luxuries. Strict military dicipline is maintained, and the institution is run very much after the style of West Point, as we were informed by a graduate of that institution. We f ound that the building is heated by fires in the different rooms and is lighted by gas and kerosene lamps. This we regard as dangerous, and likely to lead sometimes to a disastrous fire. We un derstand that the Trustees intend to ask the General Assembly for an appropriation to install a plant to supply both heat and light. We commend this matter to the earnest consideration of the General Assembly. We m ade a careful examination of the books of the college, and found everything neatly and correctly kept. The following will show the financial affairs of the college from January Ist, 1901, to December Ist, 1902: FRIDAY, J ANUARY 23, 1903. 105

Receipts f or the above period: nBalance o hand January Ist, 1902...... $ 3,957 38 Amount received in January.. . . 2,427 41 Amount received in February...... 6,171 66 Amount received in March...... 1,588 33 Amount received in April...... 4,166 66 Amount received in May...... 4,083 33 Amount received in June...... 3,952 30 Amount received in July...... Amount received in August...... 2,083 33 Amount received in September...... 2,083 33 Amount received in October...... 6,981 66 Amount received in November...... 5811 25

Total r eceipts for above period...... $43,300 63 Expenditures f or above period: January...... $ 4,017 91 February...... 5,73268 March...... 3,56760 April...... 4,103 36 May...... 3,899 73 June...... 3,16960 July...... 1,650 49 August...... 1,695 05 September...... 1,672 52 October...... 6,671 44 November...... 3,791 44

Total e xpenditures for eleven months...... $39,971 82 eIf w pursue the same method with this as with the others, Clem son and \Ninthrop, we ﬁnd that it costs to send a boy to the Citadel for one year, that is, it costs the State and the individual together, about $340.00. We g ive a list of the Professors and their salaries: Col. Asbury Coward, Superintendent...... $ 2,200 00 St.J.Cummings...... 1.50000 R.G.Thomas...... 1,500 00 P.P.Mazyck...... 1,50000 O.J.Bond...... 1,50000 106 J OURNAL OF THE SENATE,

].T.Coleman...... 1,200 00 ].\V.Cantey...... 90000 W. \V. \Vhite,Quartermaster...... 900 00 J.C.Lynes...... 800 00 Dr. F.L. Parker,Surge0n...... 40000 The a bove rates were paid to the Professors until the ﬁrst of October, last, when the salaries were placed on the following basis, viz.:

Col. A sbury Coward, Superintendent...... $ 2,200 00 St. James Cummings...... 1,70000 R. G. Thomas...... 1,70000 P.P.Mazyck...... 1,70000 1,60000 ].T.Coleman...... 1,200 00 1,20000 J. W. Cantey...... 1.000 00 W. \V. White, Quartermaster...... 900 00 Dr.F.L.Parker...... 40000

As w ill be seen, up to October Ist, 1902, the salaries, if continued at the same rate all the year, would have amounted to $12,500.00 per year. At the present rate they will amount to $13,500.00 per year. \Ve inspected the Barracks where the students live, and found everything run in military style. The Professors live in part of the building, and the boys are constantly under the eyes of the faculty. We were fortunate enough to be present when the regu— lar afternoon drill was had, and we congratulate the Citadel and the State in having that gallant ofﬁcer and gentleman, and native South Carolinian, Capt. G. B. McMaster, as a representative of the U. S., and Commandant of the Citadel. The cadets, although some of them have been there only three months, drill like veterans, and show the careful training they have had. There a re ﬁfteen servants in the institution, including the drum mer, cooks, and so on, and they receive an average of one hun dred and eighty dollars per month.

4. S OUTH CAROLINA COLLEGE. Your c ommittee visited this old and 'honored institution, and as we did at all the others, inspected it throughout. \Ve found that there were one hundred and ninety-one students in attendance, of whom FRIDAY, J ANUARY 23, 1903. 107 about t wenty are young ladies. This is the only white college in the State supported by State aid, where both sexes are allowed to at— tend. Of this number seventy—six pay tuition. We examined the books of the college and found the following to be the receipts and expenditures for the eleven months beginning January 1st, 1902, and ending December Ist, 1902: Receipts f or eleven months: Balance on hand January Ist, 1902...... $ 15 92 January...... 19750 February...... 6,485 85‘ March...... 3,63044 April...... 2,643 55 May...... 3,19957 June...... 3,811 97 July...... 3,013 73 August...... 2,588 21 September...... 4,862 43 October...... 3,830 34 November...... 245 30

Total...... $34,524 71 Expenditures f or same period: January...... $ 2,454 61 February...... 2,492 13 March...... 3,034 78 April...... 2,461 74 May...... 3,038 22 June...... 3,50568 _July...... 2,98158 August...... _...... 2.55071 'September...... 2,573 43 October...... 3,375 40 November“ ...... 2,642 92

Total...... $31,111 20 Balance on hand November 30th, 1902...... 3,413 51 108 J OURNAL OF THE SENATE,

The f ollowing is the list of the Professors and ofﬁcers and their salaries: B enjamin Sloan, President...... $ 2,500 00 \N.D.Burney...... 1,90000 E. S. Joynes.. .. . 1,900 00 R. Means Davis.. . 1,900 00 Joseph Daniel Pope.. . 1,200 00 J. William Flinn.. . .. 1,900 00 Paterson \Vardlaw...... 1,900 00 CharlesVV.Bain...... 1,90000 F.HortonColcock...... 1,90000 J. A. VVauchopeU .. .. . 1,700 00 AC. Moore...... 1,50000 Edwin L. Green...... 900 00 M. H. Moore...... 900 00 H.L.Spahr.... 80000 A.C.Carson...... 80000 C. McCutchen. .. 800 00

Total Professors’ salary...... $22,000 00

The f ollowing are the names of the ofﬁcers and salaries paid them, viz.: T reasurer and Librarian, Miss Rion...... $ 900 00 Assistant Librarian, Miss LeConte...... 369 00 President’s Clerk, Miss Annie Green...... 300 00 Marshal, M. C. Dyches...... 400 00 Matron of Inﬁrmary, Mrs. M. J. Ferrell...... 420 00 Keeper of Gymnasium, E. S. Oliver...... 75 00 Bell Ringer, R. E. L. Freeman...... 75 00

Total for ofﬁcers...... $3,830 00

The f ollowing is a list of servants, and the wages paid them, viz.: OneJanitor...... 2 1850v One Janitor...... 260 00 OneJanitor....Z...... 24800 Three Dormitory Janitors...... 189 00 Inﬁrmary Servant...... 105 10

Total...... $1,030 67 FRIDAY, J ANUARY 23, 1903. 109

The s tudents who board at the Steward’s Hall pay ten dollars per month board, but this does not include laundry. Each student has to make his own arrangements along that line. \Ve c annot give the accounts of the Steward’s Hall except from the Ist of October, the opening of the present session, as previous to that time the money arising from that source did not pass through the treasurer’s hands. In O ctober there were in the Steward’s Hall 113 boarders, who paid in $1,136.10. The expenditures were $1,137.05. In N ovember, 101 students, who paid in $1,002.25, and expended $929.72. In D ecember there were 94 boarders, who paid in $862.40, and there was expended $722.63. _ Pursuing t he same method with this, as with the other colleges, and estimating that all the students boarded in the college or pay an equal amount outside, the account will stand this way:

Total e xpenditures for twelve months...... $33,959 39 Total amount for board for nine months...... 17,190 00

Makinggrandtotal...... $51,149 39 Dividing t his amount by the number of students in attendance would make the cost to the State and individual together about $267.00. Adding $1.00 per month for laundry for each student, would make the entire cost of each student per year about $276.00, not including railroad fare. This c ollege is badly in need of a sewerage system, which the President informs us is estimated to cost about $16,000. Whether the General Assembly should see ﬁt to put in the system or not, we think that the college has a great deal more land than is really needed, or ever will be needed for the use of the college. We rec ommend that some of the land be sold, and if the General Assembly sees proper, the money arising from the sale of the land could be used to put in a sewerage system. The c ollege also needs three additional houses for the professors to live in, and these could be provided for by a sale of some of the land belonging to the college. There are a number of beautiful lots that could be spared, and we have no doubt they would bring good prices. We commend this matter to the wisdom of the General Assembly. 110 J OURNAL OF THE SENATE,

5.HE T COLORED NORMAL, INDUSTRIAL, AGRICUL TURAL AND MECHANICAL COLLEGE OF SOUTH CAROLINA. Your c ommittee also visited this institution and were surprised at what has been accomplished in the short time that this college has been in existence. As you are well aware, in the Constitutional Convention of 1896 this college was entirely divorced from Clafiin University, and was established as a separate institution. At that time the State owned about one hundred and thirty acres of land and one or two poor little shanties. Work was commenced at once on the college, and now there are two splendid large buildings for the college proper, six houses for the professors, a good kitchen and din ing hall, a machine shop, a dairy, stable and barn and an engine and boiler room, and other buildings. All this has been done under the management of the President, Thomas E. Miller, who has certainly accomplished wonders with the amount of money he has had to work with. We believe he is striving hard for the upbuilding of his race, and that the college is doing a good work for the negro. As its name implies, the college is an industrial institution, and every- - body is required to work. We found in attendance between seven and eight hundred students, and they are all required to work, and learn some useful trade or occupation. About three hundred of the students board at the college and are charged five dollars per month for board and laundry, and thirty cents per month extra for fuel. The farm has been very much improved in the last few years, since the new management took charge of it, and now produces fine crops of all kinds that are planted. A lot of the land was swampy and not fit for cultivation. This has been drained and will soon be very valuable farming land. The college owns four good mules, some nice hogs, and a very fine herd of dairy cattle, about twenty-five fine milkers. _ \Ve e xamined the books of the college and found them neatly and correctly kept, with a good system of checks and vouchers. We do not deem it necessary to go into a full' financial statement of this college, as everything will be found in the President’s Report to the Board of Trustees, which you will find on your desks. We append a statement Of receipts and expenditures for the 11 months beginning January Ist, 1902, and ending December Ist, 1902: FRIDAY, J ANUARY 23, 1903. 111

Receipts d uring the above period: January...... $ 2,629 18 February...... 2,672 33 March...... 2,313 39 April...... 2,413 27 May...... 1,527 78 June...... 1,580 57 July...... 2,825 45 August...... 1,120 97 September...... 1,045 75 October...... 1,831 72 November...... 1,29260

Total f or aboveperiod...... 1...... $21,253 01 Expenditures f or above period: January...... $ 2,562 09 February...... 2,627 52 March...... 2,21700 April...... 2,346 17 May...... 1,373 89 June...... 1,519 57 July...... 2,794 78 August...... 1,081 68 September...... 1,010 80 October...... 1,790 86 November...... 1,182 14

Total e xpenditures for above period...... $20,506 50 Balance on hand December 1st, 1902...... 743 51 Of c ourse the conditions are so different that we do not under take to say what it costs to go to this college for a year, but it is evidently a small amount. \IVe refer to the President’s Report for the sources of the above income. The State appropriations last year was eight thousand and ﬁve hundred dollars. The s tudents are taught to work in wood and iron, are taught farming, carpentering, blacksmithing, etc. The girls are taught to sew, to knit, to cook, and various other useful occupations. The buildings are clean and well kept, and the furniture and ﬁxings of the rooms, while of the plainest material, is kept scrupulously neat and clean. There is in process of erection on the grounds a new 112 J OURNAL OF THE SENATE,

Industrial B uilding, which is made of brick, and when finished will be a nice building. Everything that has been done on the building has been done by the students. They have laid all the brick, and it reflects credit on the workmen and those having the work in charge. It will require a total appropriation, as shown by the re port of the Board of Trustees, of ten thousand and five hundred dollars. We hope the General Assembly will give this matter con sideration, as the building will be damaged, unless completed. We regard this college as well and economically managed, and hope it will prove a blessing to the negro race. And n ow, in conclusion, we wish to say that all the college au— thorities seemed delighted to have 'the committee visit them, and gave us every facility to aid us in our work. As w ill be seen by this report, a very small number of the stu dents attending the State colleges pay tuition. Your committee has found that the privilege which is given to students who are supposed to be unable to pay tuition to attend free of tuition, has been very much abused. There are numbers of students in the different col leges attending as beneficiary students, whose parents are amply able to pay their tuition. \Ve are decidedly of the opinion that the tuition fees should be entirely abolished, or every one required to pay tuition. Under t he present system, except at the Citadel Academy, all that a parent or guardian has to do is simply to say in writing that he is unable to pay tuition, and have it certified by a County officer, and the student is admitted free of tuition. We r ecommend most earnestly to the General Assembly that if the~ present system is to be continued, that at least the form used by the Citadel be adopted for the colleges. The form used by them is ad mirable in every respect, and if any form can prevent fraud, that will. The parent or guardian is first required to certify that he is unable to pay tuition. The Auditor is required to give the amount of the property on the tax books belonging to the parent or guardian, and its assessed value. Then the Clerk of Court and Sheriff are required to certify what, if any, encumbrances are on the property, and their amount, and in addition to that at least two members of the Legisla tive delegation has to certify to the good faith, etc., of the applicant. We hope the General Assembly will see this matter as we do, as we are satisfied it will be for the good of all the colleges if our sugges tion be acted upon. FRIDAY, J ANUARY 23, 1903. 113

The S tate should feel proud of her educational institutions and strive to make them more efﬁcient than ever. we f eel that our report is very imperfect, and perhaps wanting in many particulars, but if we have succeeded in giving the General Assembly any light at all upon this important matter, we shall feel amply repaid. And n ow having made as full report as we could in compliance with the Act, we beg to be discharged from further consideration of this matter. Respectfully, W.. N GRAYDON, On t he part of the Senate. P. L. HARDIN, THOS. H. RAINSFORD. Received a s information. On the part of the House.

INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: ' S. 7 9.——Mr. BUTLER: A Bill to amend Section 4 of an Act en titled “An Act to tax the amount of compensation to be paid to the County officers of the various counties of this State,” approved 27th February, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. Read t he first time and referred to the Committee on Finance. S. 8 0.-—Mr. DENNIS: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County offi cers of the various counties of the State," approved February 27th, 1902. Read t he first time and referred to the Committee on County Offi ces and Officers. S. 8 1.—Mr. MCLEOD: A Bill to fix salaries for County officers of Lee County. Read t he first time and referred to the Committee on County Offi ces and Officers S. 8 2.—Mr. BRICE: A Bill to provide for sounding Calendars by the Clerk of Court. Read t he first time and referred to the Committee on Judiciary. S. 8 3.—Mr. BRICE: A Bill to enable foreign receivers, executors and administrators to maintain action in the Courts of this State in certain cases. Read t he first time and referred to the Committee on Judiciary. 114 J OURNAL OF THE SENATE,

S. 8 4.—Mr. BRICE: A Bill to amend Section 2516 of Vol. 1, Civil Code of South Carolina, providing for granting letters to husband or wife upon application without citation. _ Read t he first time and referred to the Committee on Judiciary. _. S 85.—Mr. WALKER: A Bill to authorize the construction and maintenance of a darn across Kinloch Creek, in Georgetown County. Read t he ﬁrst time and referred to the Committee on Agriculture. S. 8 6.—Mr. VON KOLNITZ: A Bill to amend Section 304 of the Criminal Code of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. Read t he ﬁrst time and referred to the Committee on Medical Af fairs.

GENERAL O RDERS. SECOND R EADING BILLS. S. 6 .—\Ir. Dean: A Bill relating to the powers of manufacturing corporations. The B ill was read and ordered placed on the Calendar, with notice of amendments on third reading. S. 8 .—Mr. Raysor: A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in each year. On m otion of Mr. RAYSOR, the Bill was made the Special Order for \‘Ilednesday next immediately after the morning hour. S. 1 8.—Mr. Gaines: A Bill to ﬁx the weight and regulate the trade in corn meal. ' The B ill was read and ordered placed on the Calendar for a third reading. S. 3 3.—Mr. Stanland: A Bill to amend Section 1019 of Civil Code of South Carolina, Vol. 1, with reference to Magistrates, their number, powers, duties and jurisdiction. On m otion of Mr. STANLAND, the Bill was laid upon the table, and permission granted to withdraw the same from the ﬁles of the Senate. S. 4 0.—Mr. Blake: A Bill to enable the Commissioners of the Sink ing Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. The B ill was read the second time and the amendment proposed by the Committee was adopted, to wit:

\ FRIDAY, J ANUARY 23, 1903. 115

Section I , line 5, strike out the word “three” and insert in lieu thereof the word “four.” There b eing no other amendment, the Bill was passed and ordered placed on the Calendar for a third reading. S. 5 2.—Mr. Hay: A Bill to amend an Act entitled “An Act vest ing all the right and title of the State in or to the Wateree Canal in the owners of land adjacent thereto, severally,” approved December 24,.D. A 1892, and Acts amendatory thereof. ' The Bill was read and ordered placed on the Calendar for a third reading. S. 5 9.—Mr. Sheppard: A Bill to declare certain bonds issued by the corporate authority of Pickens and Wise Townships, in Edge ﬁeld County, to be valid and legal obligations of said Townships re— spectively, and to provide for the payment of the same. (Without reference or printing). The B ill was read and ordered placed on the Calendar for a third reading.

MISCELLANEOUS. . M r. DENNIS' resignation as a member of the Standing Commit— tee on Enrolled Bills was made and accepted. On motion of Mr. STANLAND, Mr. McIv-er was elected a mem— ber of the Committee on Rules and Enrolled Bills.

LEAVEF O ABSENCE.

Mr. M ANNING asked and obtained indeﬁnite leave of absence for the Senator from \Villiamsburg.

TOIX F THE TIME OF MEETING. Mr. H ERNDON moved that when the Senate adjourns, it be adjourned to meet on Monday next, at 8 o’clock P. M., which was agreed to.

SPECIAL O RDER. The P RESIDENT announced that the hour had arrived for the memorial services in honor of the late General Wade Hampton, and that the Senate would now proceed to the Hall of the House of Rep resentatives.

-9—5. I (500-) 116 J OURNAL OF THE SENATE,

MEMORIAL E XERCISES IN HONOR OF THE LATE GEN— ERAL WADE HAMPTON.

At 1 2.05 P. M. the Senate appeared in the Hall of the House of Representatives. The J oint Assembly was called to order by the President, the Hon. John T. Sloan. ' The S ergeant—at-Arms announced the orator of the day, Gen. M. C. Butler, and his escort, who entered the Hall of the House in the following order, being received by the Joint Assembly standing: I. T he orator of the day, General M. C. Butler, with the chairman of the Joint Committee, Senator J. Q. Marshall. 2. H is Excellency Governor D. C. Heyward, with the Honorable Lewis W ardlaw Haskell. 3. E x—Governor M. B. McSweeney, with Honorable \V. L. Mauldin. 4. C hief Justice Y. J. Pope, with Honorable E. H. Aull. 5. T he Rev. R. N. Pratt, with Senator Robert Aldrich. 6. A ssociate Justice Eugene B. Gary, with Honorable LeRoy F. Youmans. 0 7. A ssociate Justice Ira B. Jones, with Senator J. C. Sheppard. 8. T he Judiciary, State and Federal. 9. I ncumbent and retiring State oﬂicers. The d istinguished guests being seated on the Speaker's rostrum, the Clerk of the Senate read the following Concurrent Resolution, under which the Joint Assembly had convened: S. 5 7.—Joint Committee: Be it Resolved by the Senate, the House of Representatives concurring: I. T hat the General Assembly cordially approves the action of his Excellency Governor M. B. McSweeney in inviting General M. C. Butler to deliver before the Legislature an address upon the life and services of the late General \Vade Hampton, and adopts his rec— ommendations. II. R esolved, That the two Houses meet in joint assembly on Fri day, the 23d January, inst., at 12 o’clock M., to receive the orator appointed and to hear his address and otherwise pay suitable marks of respect to the memory of her great soldier and statesman. III. R esolved, That the Joint Committee heretofore appointed be continued as a Committee of Arrangements to properly carry out the object of these resolutions. Prayer w as then offered by the Chaplain of the House, the Rev. Mr. R. N. Pratt. FRIDAY, J ANUARY 23, 1903. 117

Senator A LDRICH offered the following preamble and resolu— tions, stating that they had been prepared by the Attorney General of Hampton’s administration, Gen. Leroy F. Youmans: ' .J. A 128.-—Mr. ALDRICH: Wade H ampton is no more! On the eleventh day of April in the year of our Lord one thousand nine hundred and two, one of the most illustrious sons of South Carolina was gathered to his fathers, in a ripe old age, in the midst of “that which should accompany old age, as honor, love, obedience, troops of friends.” In t he course of his long and eventful life, he discharged all the duties of a citizen both in war and peace in a manner worthy of the admiration of all succeeding ages. ' His s ervices in the war between the States, in the successive grades of command from Colonel of the Hampton Legion to Lieutenant General in the army of the Confederate States, will live forever on the pages of history. Shot a nd shell and steel left their marks on his princely frame to show how be redeemed his pledge of life and honor to South Carolina and the South. After t he great struggle of arms, his services in peace were fitly crowned by his redemption of the State in 1876, from the rule of the alien and traitor; by his administration as Gove'rnor, and his career in the Senate of the United States. He h as left to the State of his birth and love, the memory of a life, worthy the honor, love, imitation and confidence of her sons for all times to come. tBe i Resolved by the General Assembly of the State of South Carolina, in Joint Assembly convened : First. T hat in the death of Wade Hampton, the State of South Carolina has lost her greatest soldier and statesman, who, called to the highest positions in great emergencies of public need, ever ex emplified the most chivalric and filial devotion to her interests, honor and glory. Second. T hat his services to the State deserve to be commemo— rated by a monument more enduring than brass, which shall keep forever green the memory of the life and virtues of Wade Hampton. Third. T hat this preamble and these resolutions be properly en grossed and communicated to the family of the deceased. In s upport of the Resolution 118 J OURNAL OF THE SENATE,

SENATOR A LDRICH spokes a follows: 3 “One o f the princes has fallen! A prince in intellect, a prince in his sway over human hearts and minds, a prince in the wealth of his own generous affections and in the rich revenues of inspiring love poured into his heart, a prince in the dignity of his demeanor! Such an one of the princes has fallen I” Never s ince the second day of April, 1850, when, in the words just spoken, the death of John C. Calhoun was announced to the Sen ate of the United States, until the 11th day of April last, when the news went forth that Wade Hampton was no more, has the great heart of the people of South Carolina been convulsed by such an universal and spontaneous outburst of sorrow. eAnd w are 'met here today to pay' the State’s tribute of respect to his memory. As it is not given to the human mind to comprehend all of a great truth, so is it impossible for the ordinary man to ap preciate all of a great character. Each sees in it only so much as he is in correspondence with. A s oldier and a statesman, and a sportsman as well, was asked what was there in the character of General Hampton which gave him such a hold upon the respect, the conﬁdence and the affections of his people. He replied: “His fondness for dogs and horses.” A good woman was asked the same question and she replied: “His love for children.” The same ideas were expressed long ago in high sources. John Randolph said “when the people of Virginia cease to raise race horses and game chickens they will lose their lib— erties,” and Jean Paul Richter dedicated one of his most beautiful works “to those who love God and little children.” At t he reunion of Confederate Veterans in Charleston when Gen eral Hampton entered the hall, upon one of those mighty waves of enthusiasm which he alone could excite, a gallant old soldier from Tennessee was asked, Why is it that General Hampton always, more than any other, arouses these tangible evidences of the love and con ﬁdence of his comrades? His reply was: “Because he is simply a grand man,” thereby conveying the same idea, so beautifully ex pressed by the Irish orator Phillips, in reference to Washington, who said: “Caesar was merciful, Scipio was continent, Hannibal was pa tient, but it remained for W ashington to blend them all in one and, like the lovely masterpiece of the Grecian artist, exhibit in one glow of associated beauty the pride of every model and the' perfection of every master.” FRIDAY, J ANUARY 23, 1903. 119

Today t he question recurs, as it will whenever the character of \Vade Hampton is considered, \Vhat was there in him which com manded in such high degree the love, the respect and the confidence of his people? The answer, as we view it, is that he was a born leader of men. There is a natural want in the human mind which is only filled by having a leader. Ever since the chosen people of God who had been blessed by the Eternal Father with that beautiful form of Patriarchal government, under which they enjoyed the largest liberty and the greatest happiness, clamored for a king, “give us a king,” until the present day, men as they go about their daily avocations like to look up and around them and see some Saul stand ing head and shoulders above his fellows, to whom they can look, and upon whom they can depend in the day of trial and of trouble. General H ampton responded to this idea and fulfilled this demand. He lead them gloriously in war, and always to victory. \Nhile others failed, and the cause in which they fought ultimately was lost, his sword flashed only in the sunlight of success. “His b right blade cleaved the casques of men, His true lance thrusted sure. His s trength was as the strength of ten Because his heart was pure.” And w hen the war was over and his State was in the grasp of the conqueror, whose hatred could be appeased only by her degrada tion, and she was given over to pillage and sack by the vulgarest band of freebooters that ever preyed upon a prostrate State, and after eight long and humiliating years his people rose in their might and resolved to throw off the loathsome domination, and looked for a leader worthy of the great work they were about to undertake, all eyes with one accord turned to him, and in one of the greatest civil revolutions that ever shed lustre on the Anglo—Saxon race they pre vailed. I

\V h en the sun went down on the 7th day of November, 1876, the glad tidings were carried to every home in South Carolina that Hampton was elected Governor, and we all were “redeemed, emanci pated and disenthralled.” A mighty gladness welled up from the hearts of the people, and grateful prayers ascended to the Giver of all good for so great a deliverance. But t he end was not yet. When t he time came for Hampton to be inaugurated Governor and the true representatives of the people to take their appointed 120 J OURNAL OF THE SENATE, places, i t appeared that the revolutionary party in power at Wash ington had determined to overthrow the will of the people and keep the robbers in possession of the State Government by force. The State Capitol was garrisoned by the army and the soldiers “stacked their arms around the statute of Washington.” Never was a situa tion more critical. The good and true men of South Carolina poured into this city by the thousands. The political enthusiasm which found expression in the slogan “Hurrah for Hampton” had sub sided, and in its place was the silent determination of the Greek proverb, “No people can ever be enslaved whom death does not affright.” One n ight as our high officials and their advisers sat around the council table, waiting for time to solve the situation, a mighty, din was heard, that peculiar noise whichis made only by the movement of large bodies of men coming nearer and nearer, until the grandest body of Carolinians that ever mustered upon her bosom resolved to fulfil the prophecy of McDuffie and “make this State one vast ceme— tery of freemen rather than the home of slaves.” They halted in front of the Democratic headquarters, and one imperious call like the voice of one man went up from the sovereign calling for his servant, “Hampton!” We all felt that the supreme crisis was at hand and that the next few moments would decide the issue. Our g reat leader went forth and delivered a grander Phillipic than ever resounded in Roman forum or echoed from Athenian hills. He said: “My countrymen, you have come to me as a sentinel on a watch tower and demanded of me, \1Vatchman, tell us of the night? All is well! Go home and be of good cheer. I have been elected Governor of South Carolina, and by the Eternal God I intend to be Governor or there shall be none!” That s ettled it, and that is why the people loved and honored and trusted Hampton. A man who was capable of such an utterance at such a time under such conditions was worthy of the love and honor and trust of his people. That w as not all. When t he two contending Legislatures were in this hall strug gling for the mastery, and days and nights went on without results on either side, it came to the knowledge of our leader, who guarded well every point, and who had his scouts in every approach to his citadel, that a diabolical plot was on foot to murder the Democratic members of the Legislature. The Radical members were being with drawn, one by one, and their places supplied by toughs and thugs FRIDAY, J ANUARY 23, 1903. 121

from t he seacoast, and at a given signal we all were to be put to death. Learning o f this General Hampton went to the military com mander, a cruel tyrant, a ﬁt tool of knaves, and deserving only of universal execration and contempt, and said: “General Ruger, I believe that a damnable conspiracy is on foot to massacre the Dem ocratic members of the Legislature.” He r eplied in a supercilious manner, “Oh! no, General, there is nothing of that.” General H ampton told him: “General Ruger, I am not in the habit of saying I believe a thing is so, unless I have good reasons for saying so. Now, I tell you, sir, I not only believe it is so, but I believe you know of it, and I give you fair notice that if one drop of Democratic blood is shed in this city, I will not leave a Radical alive in it.” And t hat settled that; and that is why the people loved and hon ored and trusted Hampton. He showed, whenever tried, no matter how grave the situation, he was always equal to it. sIt i the fortune of men to receive the praises of their fellowmen only after they are dead. It was not so with him. He loved the praises of his people and they bestowed them upon him in no stinted measure all down the pathway of life. And n ow that he is gone, all the people of his beloved State are assembled here in the persons of their chosen representatives not to bury Hampton, but to praise him. Therefore we say: “Praised a bove men be thou, \Nhose laurel-laden brow, Made for the morning, drooped not in the night; Praised and beloved that none of all thy great things done Flies higher than thy most equal spirit’s flight; Praised that nor doubt nor fear could bend; Carolina’s loftiest head, found upright to the end.”

MR. M AULDIN seconded t he resolutions as follows: Mr. P resident: The privilege of seconding the eloquent resolu tions just presented to this Joint Assembly in honor of the lamented Hampton is one that I shall ever cherish. My only regret is that I am conscious of the fact that the paucity of my words shall fail to adequately express the wealth of my heart and feelings on this memorable occasion. 122 J OURNAL OF THE SENATE,

I m ay be pardoned, Sir, if in the brief remarks that I shall .be pleased to make, they may seem to be tinged somewhat with per— sonal allusions, for my mind involuntarily carries me back to the days of my boyhood, and recalls some impressions then received which will remain fixed in my memory as long as life shall last. The S tate of South Carolina in 1860 in solemn convention as sembled had dissolved her relations with the Federal Union. Some of her most devoted and patriotic sons were reluctant to take this important step. General Hampton was one of those, but recogniz ing the supreme and sovereign authority of his State, when the step was taken, no one responded to her call to arms with greater alac rity. In o rganizing the historic command that was to bear his honored name he visited the City of Greenville, a village then, and accepted the services of a company of gallant young men, known as the Brooks Troop, as part of the Legion. I can well remember the pow erful impression he made upon my young mind and imagination, as he reviewed those brave and ardent men who were destined to fol low where he led, for the honor and glory of their State, upon the hard fought and bloody fields of old Virginia. Mounted upon a spirited steed, in the full vigor of his glorious manhood, with a splendid presence and commanding personality, he was in my eyes the typical cavalier of the South, “without fear, and without re proach.” Afterwards a s I saw him on the field of battle, he proved to be the bold and fearless soldier, always calm, cool and intrepid, inspir ing his men with the most boundless confidence in any and all cir cumstances. Without previous military training, yet his brilliant conduct as an officer soon convinced the rank and file of his command that he was endowed by the Creator with that extraordinary genius that made him the natural soldier and leader. There a re some here, Sir, who were proud to follow where he dared to lead, for they knew that where ' “Flashed h is sword Far in the front of this deadly fight, High o’er the brave in the cause of Right” was t he path to glory and to duty. mI a sure that every brave man who had the honor to serve his country under his lead will cheerfully bear witness to his splendid leadership upon the field of action, as well as to his kind, humane and gracious manner in the quiet hours of the tented camp. FRIDAY, J ANUARY 23, 1903. 123

General H ampton was not a spectacular soldier. He bore him self gallantly but quietly, yet his men knew that he was the very soul and incarnation of courage and chivalry—— “The f airest ﬂower of his kind.”

But, S ir, it shall not be for me to recount his valiant deeds in war. His contribution, in that career, to the record of his State furnishes to the future impartial historian a fruitful and glowing theme, wor thy of the pen of the brightest intellect, with which to illumine the annals of his country for all time to come. But the war closed in darkness and disaster, and the fortunes of defeat delivered us over, physically and morally, to the cormorants at home and the vultures from afar. A D emocratic convention assembled in this hall in May, 1876. It w as composed of serious and patriotic men. Our condition was well nigh desperate. WVe were in the grasp of a corrupt and un scrupulous gang who possessed all the machinery of power and were backed up by the military forces of the Federal government. I was a young member of that convention, following the lead of General Butler and others, believing that the time had come for us to make a death struggle to regain the possession of our homes and our civilization. There were sharp divisions as to the best policy to pursue, and we adjourned without positive_action. A subse quent convention met shortly afterwards, cast all doubts aside and determined to make one supreme effort to restore the State to her rightful owners. In a ll great issues there must be some great leader and in this emergency all eyes and all minds turned as by common consent to him who has led so grandly in war. Hampton was nominated and the campaign of 1876 for the redemption of the State is part and parcel of our common history. If G eneral Hampton had proven himself to be the bold and superior commander in war, he was yet to achieve greater renown, .and wider fame, as the wise, sagacious and matchless leader in the peaceful contest for the deliverance of his people from the political death to which they were bounden. I m ay not say that no other leader could have accomplished what he did at that time, but I doubt it. His wisdom and the guidance of his masterly hand were never at fault, and his judgment was responded to by the heroic people of the State without question or hesitation. I24 J OURNAL OF THE SENATE,

The t rials and struggles of that epoch will not fade from the minds of those who participated in it while memory shall last. Nor should future history blot out its record till language is un spoken, and the stars in the ﬁrmament shall shine and sing no more. To my mind, Sir, no man ever rendered more honorable and distinguished service to this State. His fame should be an ever living and constant example for emulation. In t he time and tide of affairs it may hereafter be given to men in our State to approach the measure of his illustrious record, to some perhaps to equal it, but I doubt if any shall ever surpass it. General Hampton was one of those men who grow greater as you came nearer to him. His p rogenitors dwelt beneath the shadows of our lofty moun— tains,'and though born in the beautiful city by the sea, yet the days of his active life were spent in this fair city. Thus he was essen tially a son of the entire State. Sir, t he South has been fortunate in her contribution of great men to this country. She furnished the immortal Washington, who snatched the liberties of the rebellious colonies from the Brit ish crown; she gave the great and glorious Lee to lead the tattered legions of the Confederacy to victory on many ﬁelds, to the aston ishment and admiration of the entire world; and \Vade Hampton, who brought his people out of the wilderness of misrule and op pression “into the promised land of peace and honor and beside the still waters.” These i llustrious men had many similar characteristics and were singularly alike in the simplicity of their lives and in moral, physi cal and intellectual strength. Mr. President, a little more than a year ago I see our great general riding on a mare, and for the last time, in front of his old soldiers adown this broad avenue. His sturdy frame is still erect, his good gray head is bared to their applause, and I know his great, brave heart warmed to the core by the evi dence of their old-time affection, and the sincerity of their hearty salutations. The scene is changed and in a few short months the sinking sun cast lengthening shadows athwart his aged path. The b attle of life was fought and won, his race was run, and as the angel of death stood beside him waiting to bear his soul to the bosom of the great God who made him, his last lingering thoughts were of the people whom he loved so well, and as the ship of life crossed the bar and was wafted upon the great sea FRIDAY, J ANUARY 23, 1903. 125 of e ternity, he besought his Maker, with his latest breath, for bless ings on all his people, white and black. His l ife was grand, his death serene, All honor and peace to his noble memory. The R esolutions were unanimously adopted by a rising vote.

SENATOR J OHN C. SHEPPARD then introduced the orator of the day in the following language:

Mr. P resident and Gentlemen of the Joint Assembly: The p eople of South Carolina with one accord will approve that their representatives have withdrawn for the while from the con sideration of the duties which they assembled to perform, for the purpose of paying suitable tribute to the memory of Wade Hampton. Surely i t cannot be charged to disparaging comparison if it shall be said that in all the range of South Carolina history no man ever shed a more brilliant lustre upon the annals of his native State. As G eneral in command of her soldiery, his daring courage and chivalric heroism rendered immortal the narration of the sac rifices made by her people in defense of the principles which they inherited from their fathers. As G overnor of the State, his patience, his prudence, his patriot ism, his wisdom, his invincible will, brought order out of confusion, peace out of strife, and prosperity out of the ashes of his people’s fortunes. As S enator in the Congress of the United States, his high char acter and robust integrity, which put to the blush the machinations of sectional partisanship, his familiarity with the traditions of the government, and his learning in the laws of the land, his broad and far-seeing statesmanship, with the faithful and efficient cooperation of his distinguished colleague, restored South Carolina to the posi tion in the confidence of the Senate, and in the esteem of the country, which she had not enjoyed since she submitted her fortunes to the arbitrament of battle. As a c itizen, a private citizen in his old age, with the blessings of the people resting upon his head, and with love for his people ani mating every impulse of his heart, he enjoyed the respect, the con— fidence and love of all the people of the State in the full measure to which her most devoted sons might honorably aspire. sIt i well, then, that we should place upon enduring record some manifestation of our appreciation of the life and character and 126 J OURNAL OF THE SENATE,

achievements o f \Vade Hampton. It is eminently appropriate that this service which we owe to him—which we owe to ourselves—and which we owe to those who will come after us, shall be performed by one who was perhaps more closely associated with him in all the scenes of his great struggles than any living man. The k nightly soldier who stood by him in the times of war, when deeds were done as daring as any ever seen by “the sons of man since the morning stars sang together,” and whose blood was mingled with his on the ﬁelds of strife; the patriotic citizen who struggled with him for the redemption of his State from the hands of the alien and the traitor; the statesman who struggled with him to restore South Carolina to the position which she held in the councils of the nation at the time when the wisdom of the South dominated the poli cies of the government. _ These a ssociations in the public services of the State unerringly point to our distinguished fellow citizen whom it is now my honor to present—General M. C. Butler. VVhereupon I

GENERAL M . C. BUTLER delivered the memorial oration, speaking as follows: Mr. P resident and Gentlemen of the General Assembly: \Vhen h is Excellency, Governor McSweeney, did me the honor to request that I deliver the address before the General Assembly of this State on the “life, character and services” of General \Vade Hampton, I had, and still have, grave doubts as to my qualiﬁcations for the proper performance of that high and important function. My difﬁdence was overcome by a sincere desire to participate, how ever imperfectly, in these memorial ceremonies, commemorative of the great citizen, my 'comrade and associate, in the most trying period of our history. You m ust, therefore, be tolerant of any defects you may discover in my effort. It is no exaggeration, and I trust it will not be deemed an invidious comparison or immodest claim, to say that South Carolina in proportion to her white population has pro duced as many distinguished statesmen, jurists, soldiers, as any of her sister commonwealths, and done less to do them historic justice. ‘ If n ot reprehensible, it is certainly not creditable to us, that we have in some instances without correction or protest, permitted out FRIDAY, J ANUARY 23, 1903. I27

siders, u nfamiliar with their environments, unsympathetic, if not unfriendly, to impugn their patriotism, their unselfish fidelity to the principles of our constitutional form of government, and to underrate their eminent characters and services. If t rue statesmanship consists in the profound study and under standing of the construction and administration of the best type of human government; if great jurists are to be measured by the highest legal attainments, and clear, lucid, exhaustive exposition of the principles of law and equity, and fearless, just enforcement of those principles for the protection of society; if the ablest prac tical application of the best principles in the science and art of war constitute great soldiers, we have no reason to take a back seat, while passing in review the world’s most renowned men in the great auditorium of history. sLet u hope that some Plutarch will appear in the future, to res cue from the partial oblivion into which we have allowed our great names to fall, and preserve the record of their lives in the best form for the instruction and enlightenment of mankind. The s ubject of our discussion today easily takes his place in the front rank of our most distinguished and illustrious countrymen. General H ampton was born on Hasel street, in the City of Charles ton, on the 28th day of March, 1818, and died in the City of Colum bia on the 11th day of April, 1902, in the 84th year of his age. He was the eldest grandson of General W'ade Hampton, who served with distinction in the war of the Revolution, and eldest son of Col. Wade Hampton, who was equally distinguished in the war of 1812. It will thus be seen he came by right of inheritance into the high estate to which he added so much lustre by his own brilliant achieve ments. His early education was acquired at a school on Rice Creek, and later at the Columbia Academy, under the direction of Mr. Daniels, familiarly known as “Jimmy” Daniels, a strict and capable instructor of the old, perhaps better, school. Here he was prepared for the South Carolina College. He entered the class of 1836, in the 18th year of his age. Among his college associates were John Jacob Seibels, Arthur Simkins (classmates), Col. \Vil liam Blanding, Edwin DeLeon, J. Foster Marshall, John L. Man ning, W. C. Morague, Louis T. \Nigfall and other distinguished men. Each of these gentlemen were distinguished in their respec tive spheres and reflected credit on the old college and their State. General H ampton was married to Margaret Frances Preston, the daughter of General Francis Preston, at Abingdon, Va., October 128 J OURNAL OF THE SENATE,

1838. T his gentle and accomplished lady was the sister of Wil liam C., and John S. Preston, two marvelous and entrancing ora tors, who charmed their hearers by their fervid eloquence, and in structed them by their finished scholarship and learning. The w ife of General Hampton’s second marriage was Mary Sin gleton McDuf‘fie, the only child of George McDufiie, another of South Carolina’s most illustrious and gifted statesmen. The fi rst military position held by General Hampton was as aide— de—camp to Governor Pierce M. Butler in 1836-38. This was then regarded, as it should be now, a post of honor and distinction, at tended with responsible duties and obligations. The f ollowing characteristic incident is related by a friend: “In t he military line he was aide to Governor P. M. Butler. In this capacity, as Governor Butler’s aide, be excited much admira tion by his superb horsemanship. ' The Governor’s Review was to be held on Meeting street, Charleston. Colonel Hampton’s horse was brought to the Charleston Hotel. He was a magnificent chestnut, 16 hands high, with two white hind feet. It took three negroes to hold him while Col. Hampton was mounting, and then he had to take off his sword to mount. After seating himself firmly, Colonel Hampton called for his sword, and with some difficulty it was handed to him. In taking it he dropped his glove. He rode off, made a dash by the hotel, and while at full run, reached down and picked up the glove from the ground. The feat was the talk of the State for a long time. His father, Colonel Wade Hamp ton, was standing by. Hon. Alfred Huger asked him, ‘Are you not afraid that horse may throw \Vade ?’ ‘No,’ said the old Colo nel, emphatically, ‘Can he make \Nade shuck his skin?’ ” Subsequently h e became Captain of the “Richland Light Dra goons,” one of the crack companies of the State. In 1 852, Wade Hampton was elected third on the list of Repre— sentatives from Richland. In 1854, he was reelected, and again in 1856, he returned at the head of the list. In 1858, he was elected State Senator, succeeding John S. Preston, whose canvass against James H. Adams had been a celebrated political event. It is said that Hampton foretold the vote in that contest and came within two or three votes of the correct returns. At t he opening of the Legislative session of 1861, the following letter was read in the Senate: FRIDAY, J ANUARY 23, 1903. 129

.“Hon. W D. Porter, President of the Senate: “Sir:s A my duties as an ofﬁcer of the army render it impossible for me to discharge those of State Senator, I beg to tender my resig nation as Senator from Richland. “\VADE H AMPTON."

Extract f rom Senate Journal, 1861, p. 8. General H ampton was opposed to secession. He was in Missis sippi when the Governor called the Legislature together to consider calling a convention. He was not in the Senate when the vote was taken. Thiss i a brief outline of General Hampton’s political services prior to the breaking out of the war for the establishment and in dependence of the Southern Confederacy. Call it “insurrection,” “rebellion, 7! n civil war,” “war between the States,” or what not— a matter of small concern to me—it was real war, “a battle of the giants,” and no soldier who took the field and did his duty for the establishment of that independence, need feel ashamed of his con— duct. In the early fifties, the aggressive propaganda of the New England abolitionists created intense excitement in the Southern slave-holding States, notably in this State. The State was divided into two active parties; one, under the leadership of R. B. Rhett, James H. Adams, Milledge L. Bonham, John H. Means, F. \V. Pickens, and other distinguished, patriotic citizens, urged the im— mediate withdrawal of South Carolina from the Union, separate and alonegby resuming that part of her sovereignty she had delegated, for the forming of the Federal Union, and setting up for herself, in dependent of the action of her sister slave-holding States of the South. The o ther party, under the leadership of A. P. Butler (at that time a U. S. Senator), Robert \N. Barnwell, Preston S. Brooks, and other gentlemen equally patriotic and distinguished as the others, counseled moderation and non—action until the cooperation of the other slave-holding States could be secured. The latter counsels prevailed, and while I have no positive information as to General Hampton’s affiliations in that controversy, which assumed an ani mated, rather bitter, character during its progress, I am quite sure, from his conservative, sedate temperament, he approved, if he did not actively advocate, the latter course. It is quite certain, as stated above, he was opposed to secession in 1860—61. It is equally certain 130 J OURNAL OF THE SENATE, that w hen his fellow—citizens had acted, he threw his whole soul, body and fortune in the scale with them, as the sequel proved. An a ccomplished, well-bred, well-educated gentleman, General Hampton belonged to that noble class of Southern land and slave owners, who by their high and incorruptible characters, raised the standard of man and womanhood in the South, and gave well-earned prestige to their social distinction. Their relations to their slaves were more in the nature of a personal and sympathetic guardian ship, than the harsh and oppressive taskmasters, so often ascribed to them. Of course, there may have been exceptions, but the ex ceptions prove the rule. General H ampton was a notable example of the kindly master, always solicitous for the welfare and well-being of his slaves, who manifested their appreciation by their affectionate regard for him. The negroes were happy and contented under his mild and temperate government—an ideal status for them in their then condition. It was a cruel wrong and crime for Old and New England to wrest them by force from the savage freedom of their wild habitats in Africa; it was fortunate for these victims of avarice and cruelty that they were sold into slavery to humane Southern masters, who did so much to ameliorate their condition and lead them in paths towards enlightenment and civilization. While this class of South ern slave—owners, of which General Hampton was such a conspicu ous and illustrious exponent, held the reins of public afiairs, no scandal ever cast its baleful shadow over their official lives or poisoned the political atmosphere with its noxious vapors. Their rule of conduct in discussing public questions, was to emple rea— son and argument and intelligence and never to descend to the tricks of the petty demagogue, by appealing to passion and prejudice, or soil their political ermine by personal traduction and vituperation. It w ould be unprofitable, perhaps inappropriate, to speculate now what effect their absence from participation in State and National affairs will have on the fate of our constitutional and popular insti— tutions. It is sufficient to say, they hewed closely to the lines laid down by the fathers in the construction and administration of the best system of human government ever devised by man. The p reservation of the reserved rights of the States and of the people, and cordial, liberal support of the Federal Government, when acting within the sphere of its constitutional power and juris diction, were the guiding stars in their political firmament, from which their course never deviated. FRIDAY, J ANUARY 23, 1903. 131

It w ill be impossible within the proper limits of an address like this, and on such an occasion, to give more than a meagre outline of General Hampton’s brilliant military career. When t he war was on between the Confederate States for their independence, and the remaining States of the Federal Union, and almost the entire civilized world, he applied to the Governor of South Carolina, F. W. Pickens, for authority to raise a mixed com— mand'. The authority was given and The Hampton Legion, com posed of eight companies of Infantry, four of Cavalry, and one Bat tery, afterwards increased to two, of Horse Artillery, was the re sult. It may be well to note in passing, that out of this command, there were two Lieutenant Generals, one Major General, and three Brigadier Generals commissioned in the Confederate armies. The L egion, or the major portion of it, was assembled in June, 1861, about three miles east of Columbia, on the road leading to “Millwood,” the home of the Hamptons. General, then Colonel, Hampton, assumed command, and here it learned its preliminary lessons, for the long, perilous and splendid career ahead of it. How faintly did those incomparable soldiers then realize what was in store for them. During t he month of July the Legion was moved to Virginia and halted for a time in Richmond and vicinity. The infantry portion reached Manassas in time to participate in that memorable battle, and played a conspicuous part in defeating the Federal army under McDowell and putting it to flight to Washington. Col. Hampton was severely, but not dangerously, wounded in the hip by a buck shot, doubtless from the explosion of a shrapnel shell—a wound from which he never entirely recovered. After t he turmoil and excitement created by the first battle of Manassas had subsided, the respective armies settled down behind their entrenchments, awaiting another move on the chessboard of war. Col H ampton moved the Legion to Bacon Race Church, about twenty miles east of Manassas. The cavalry was later transferred to the Telegraph Road, in the neighborhood of Dunfries, where it was actively employed in maintaining a long line of pickets on the Ocoquan and Potomac rivers. The f all of ’61 and the winter of ’61-62 were comparatively un eventful on the line of General Joseph E. Johnson’s army of North Ern Virginia. When M cClellan, who succeeded McDowell in command of the 10-5. J .-—(500) 132 J OURNAL OF THE SENATE. fArmy o the Potomac, changed his base, and sat down in front of Magruder at Yorktown, General Johnson abandoned his lines in front of Washington and moved his army to Magruder’s support. Gen eral, then Colonel, Hampton and the Legion were a part of that army and participated in the defense of Yorktown. While Mc Clellan was approaching its defenses by parallels on Johnson’s re treat from Yorktown to the lines in front of Richmond, the Legion was a part of General G. W. Smith’s column on the York River side, and with Hood’s Texans had a sharp engagement with Franklin's division of McClellan’s army at West Point, on the York River, It was here that the gallant Oscar Leiber was killed. Then fol lowed the battle of \Villiamsburg, the defense of Richmond against McClellan. who had moved up on the line of the Chickahominy, the Battle of Seven Pines, Seven Days' Fights and McClellan’s de feat and retreat to Harrison’s Landing, on the James River. In t he spring of 1862 the Legion, as a separate organization, was broken up. The i nfantry retained the name of “Hampton Legion.” Six troops of cavalry were added to the four troops of the Legion Bat talion and constituted the Second South Carolina Cavalry. The batteries of horse artillery were assigned to the corps of horse artil lery 0f the army. General H ampton’s commission as Colonel in the Confederate army was dated July 12, 1861. On t he 23d of May, 1862, he was made Brigadier General and assigned to the temporary command of an infantry brigade, com- , posed of the Hampton Legion—eight companies—the Fourteenth and Nineteenth Georgia and Sixteenth North Carolina regiments. He r emained in command of this brigade unti the fall of 1862 when he was placed in command of the First Cavalry Brigade, Army of Northern Virginia—the arm of the service he preferred—com posed of the First and Second South Carolina Cavalry, First North Carolina, Jeff Davis Legion, Cobb’s and Phillips’ Georgia Legions and Hart’s Battery of Horse Artillery. To do full justice to Gen eral Hampton's career at that time a detailed history of this splendid brigade would be necessary. As that would be taxing your time and patience unreasonably, I can only refer briefly to a few events. It is enough in this connection to say the brigade was a part of that grand Army of Northern Virginia, participating faithfully and gal lantly in all its glorious campaigns, doing its full share of the ardu ous and perilous duties through which'it passed. FRIDAY. J ANUARY 23, [903. 133 After t he Battle of 'Sharpsburg in September, 1862, General Hamp ton’s Brigade was on duty in the upper valley of Virginia. It was camped for quite a time near Martinsburg, on the Baltimore and Ohio Railroad, and when Stuart executed that celebrated raid across the Potomac through Mercersburg, Chambersburg near Gettysburg, and Emmittsburg, back to the crossing of the Potomac at White’s Ford, a strong detachment of the best mounted men of Hampton’s Brigade was a part of the column—with Fitz Lee’s and Wm. H. F. Lee’s Brigades. The S econd South Carolina Cavalry lead the advance the first day and crossed the river about the dawn of day at a rough and theretofore unexplored ford. This regiment reached the suburbs of the city of Chambersburg, Pennsylvania, at 8 o’clock P. M. and moved into the public square without resistance. General Hamp ton was appointed Military Governor of the city, and he turned over the command to the commanding officer of the Second South Caro lina Cavalry. Under the rule usually obtaining in such cases, this gallant regiment, having led the advance the first day, brought up the rear the next, and, it so happened, occupied the post of greatest danger on both days. Its rear guard left Chambersburg about 9 A. M. of the second day, the main body having moved at daylight. By the route taken by Stuart the distance from Chambersburg to White’s Ford on the Potomac was reported to be ninety miles, and was made in about twenty-four hours—the longest and quickest continuous march ever made by a column of cavalry up to that time. They w ere a gay, rollicking, dare-devil lot of Confederate horse men—young, fearless, ready forany emergency, led by such com manders as Stuart, Hampton, and the two Lees. They could and would have ridden down almost anything that might get in their way. Hampton’s B rigade was moved across the mountains, and in the winter of ’62-63 took station in winter camps near Brandy Station and Stevensburg, guarding the crossings of the Upper Rappahan— nock and Robinson rivers. From t his position Hampton led in person a number of daring expeditions across the river to the rear of Burnside’s army, near Fredericksburg, capturing prisoners, teams, commissary and quar termaster stores in large quantities. He would select the most in clement weather (and properly, because the enemy would be less vigilant and on his guard) and dash through sleet and snow at night and before daylight pounce on his unsuspecting victims. 134 J OURNAL OF THE SENATE, - v On the 3d of August, 1863, he was made a Major General, having commanded his old brigade through the campaign of 1863 at Brandy Station, Upperville,‘ Gettysburg and back—and all the battles, com bats, skirmishes incident to an active, vigorous campaign. At the battle of Gettysburg he received a sabre cut on the head in a hand to-hand encounter with a Federal cavalryman whom he unhorsed and placed hors-du—combat. When Grant took command of the Army of the Potomac, in the spring of 1864, with Meade next in com mand, and Sheridan his Chief of Cavalry, Hampton's Division con sisted of Butler's, Rosser’s and Young’s Brigades, ranking in the order named. The other two Cavalry Divisions of General Lee’s Army were commanded by Fitz and Wm. H. F. Lee, the nephew and son of the Commanding General; the three Divisions commanded by General J. E. B. Stuart. . Stuart w as killed at Yellow Tavern in May, 1864, which left Gen— eral Hampton the ranking Major General of Cavalry. Sheridan w as One of the ablest, if not the ablest, most capable and daring cavalry officers in the Federal Army. It was understood at the time, and I have no doubt it was true, that he had been given carte blanche to mount and equip his cavalry without regard to cost. .He had under his command some of as fine cavalry officers as could be mustered anywhere. Among them were Wilson, Merritt, Custer, the two Greggs, Torbet, Davies, Kuntz, Dahlgren. General H ampton was equally fortunate in everything except the arms, equipment, mounts and a number of his command. The two Lees, Rosser, Young, Lomax, Baker, Chamblis, Dearing, Roberts, Gordon—were easily a match for their antagonists. Rosser and Young of Hampton’s Division were beau ideals of cavalry ofiicers, dashing, courageous, almost reckless in daring and audacity, and withal, skillful and able in handling their troops. Lomax, always cool, steady, fearless, could grasp the salient points of battlefield with as much precision and accuracy, and attack with as much bold ness and skill, as the most capable. These w ere the foes confronting each other, in that memorable and terrific campaign of 1864. General G rant hammered against the lines of General Lee’s “in comparable infantry” and artillery, recoiling always before their fierce volleys, discomfited, bleeding at every pore. His frontal attacks were repulsed with fearful slaughter, and when he would move to find General Lee’s flanks, he woud encounter the flash of his guns and the points of his bayonets, and finally was compelled to adopt the FRIDAY, J ANUARY 23, 1903. 135 linesf o attack on Richmond laid down by McClellan two years before. . Maneuvering a gainst that great, if not the greatest commander, of modern times, without being able to whip or outgeneral him in front, General Grant adopted a different line of military policy. He sent Sheridan from his right flank with a col, mm of cavalry estimated at 10,000, to join Hunter, moving up the valley towards Lynchburg, cut General Lee’s communications, and possibly take Richmond from the rear. About the same time, Grant dispatched Wilson from his left, with two divisions of cavalry, to operate on and destroy the south side of railroad towards Lynch burg from that direction. It was a bold, comprehensive movement, and if successful, while he held General Lee with his main army, must have resulted disastrously to the Confederate cause. General L ee sent General Hampton with his own and Fitz Lee’s division to intercept Sheridan, and Wm. H. F. Lee’s division after Wilson. Hampton and Sheridan came together near Trevilian’s Station on the 11th of June, 1864, and after two days fierce fighting, Sheridan was compelled to retreat, and no doubt, glad to get back to Grant’s lines. Sheridan telegraphed to \Nashington he had met infantry and therefore compelled to turn back. The nearest infans try soldiers to that battle were a few in the hospital at Gordonsville, some ten miles away. The long range Enfield rifles. of the gallant South Carolina Brigade, the Fourth, Fifth and Sixth Regiments, are what misled him, no doubt. It is due to the men of that brigade to say they bore the brunt of Sheridan’s determined assaults and re pulsed them all. On his retreat, Sheridan made a wide detour, and when he reached the White House, on the Pamunkey River, where the Federal gunboats were stationed, Hampton confronted him again, meantime having dogged his footsteps through the heat and dust and thirst and hunger of those terribly hot summer days. Sheridan p ushed Gregg's Division out to St. Mary’s Church. Hampton attacked, routed and pursued him until the night was sev eral hours late, capturing between four and five hundred prisoners. ' Wilson h ad been turned back' at Staunton River by a small force of home guards and Confederate soldiers returning from furloughs. ' Sheridan, h aving been disposed of, Hampton’s Division was moved across the James River, Fitz Lee’s following a few days afterwards, and hurried clown the Weldon railroad to intercept WilsOn as he was trying to return to Grant’s lines. Hampton’s Division was thrown across his path at Sapony church, near Stoney Creek Station. Wil-v 136 J OURNAL OF THE SENATE, son m ade desperate assaults on the division, lasting the entire night. About daylight a hundred picked men got in his rear, and his line fell to pieces. He pulled out and undertook to break across at Reams Station, higher up the railroad towards Petersburg. There he met Fitz Lee’s Division and had to swing back and away round by Nottaway Court House, to get back home. Now g ive me your attention while I briefly recapitulate. Trevil ian’s Station and Stoney Creek, the nearest railroad station to Sa pony Church, are about equi-distant from Richmond, in opposite directions, say forty miles. The b attle of Trevilian’s Station was fought on the 11th and 12th of June, 1864. The fight with Gregg, at St. Mary’s Church, on the 24th of June. At Sapony Church and Reams Station on the 28th and 29th of June. So that in seventeen days Hampton defeated Sheridan, Gregg and Wilson, the first and last having a force largely superior to his own. His command in that time must have marched and countermarched more than a hundred miles, with the scantiest supply of food for men and animals, and killed, wounded and cap tured as many men as he had under his command. I d on’t believe a parallel can be found for this anywhere in the annals of military history. rOne o two other incidents of his military life: General H ampton’s faithful and vigilant scouts—Shadburn, Scott, Hogan and others—reported to him that a large lot of beef cattle had been collected at Codgins Point, on the James River, to supply Grant’s army. On the 16th of September he collected a detachment of well mounted men, penetrated into the carefully-guarded precincts of this beef corral, captured 2,486 and brought out 2,468 on the 17th, and seemed to be very much disgusted that 18 had got away. This, of course, was a very acceptable present to General Lee’s army, and a very unceremonious liberty to take with General Grant. The b attles of McDowell's Farm, where the gallant, chivalric Gen eral John Demorant fell mortally wounded, and Burgesses Mill, were fought the latter part of September and October, respectively. At the latter, Hampton’s and Wm. H. F. Lee’s Divisions bore the brunt of the conflict against Hancock's corps. Here it was that Preston Hampton was killed, the son and aide-de—camp of General Hampton. Preston, a nd Nat. Butler, two handsome, splendid young soldiers, not out of their teens, were moving along, mounted, waving their hats with an advancing line of battle under a destructive fire. both having strayed off from their respective headquarters to join in the FRIDAY, J ANUARY 23, i903. 131 attacking l ine. As they wheeled their horses to return to their proper station, Preston exclaimed, “Hurrah, Nat,” and was shot in the groin, a fatal wound. His young, hopeful life went out in a halo of heroic splendor. It w as a pathetic scene to witness the anguish of a devoted father over the dead body of his soldier son. Committing his body to the custody of faithful, sorrowing friends, to be borne to the rear, he returned to the front, his post of duty, and directed the battle line to the end. - ‘ In N ovember, or December, Grant had detached Warren with the Fifth Corps to Weldon, N. C., an important base of supplies for General Lee’s army, and to tear up the Petersburg and Weldon railroad. Hampton, by a rapid, all-night movement, reached Hick ford, on the Mehinin River, twenty miles from Weldon, interposed his command between Warren’s corps and Weldon, and compelled him to retrace his steps, thereby saving Weldon. In J anuary, 1865, Butler’s Division was transferred to Columbia, S. C. General Hampton was also ordered there, where Wheeler’s and Butler's Divisions met, the former coming over with the rem- nant of Hood’s army. Wheeler was the ranking Major General of Cavalry, and Hampton was promoted to the rank of Lieutenant General on February 14th, 1865, three days before Sherman’s army sacked and burned Columbia. The march through South and North Carolina, the battle of Aerysboro, the early morning surprise and attack on Kilpatrick’s camp, where that daring officer escaped from his camp in dishabille—the battle of Bentonville and the end came. General Hampton had determined to cross the trans Mississippi Department and join the Confederate forces there. He accordingly left General Johnson’s army at Greensboro, before the final terms of capitulation were arranged. He, however, changed his mind at Charlotte, N. C., and returned to his desolate home in Columbia, like so many thousands of his comrades, pauperized, but not dismayed, sustained by the consciousnessof his duty well per formed, and proud of the great service he had rendered his country. Thus e nded his military career. It was honorable, brilliant, suc cessful. General Robert E. Lee trusted and confided in him implic itly. He inspired his soldiers with a confidence in his leadership and respect for his person. They were ready to follow him blindly and unflinchingly. No higher test can be found of a commanding officer’s ability. His bearing in camp was quiet, dignified, sedate. On the battlefield superb, faultless. He began life anew by devoting 138 J OURNAL OF THE SENATE, himself t o the pacification and rehabilitation of his stricken State, Was a delegate to the National Democratic Convention that nomi nated Seymour and Blair; also a member of the State Convention that met in Columbia to ratify the nomination of the national ticket. Then c ame the horrors of reconstruction with its deluge of crime and debauchery by the white vampires, foreign and domestic, who got control of the newly emancipated and enfranchised deluded ne groes, and held high carnival of corruption and outrage for eight long, weary, dismal years. General H ampton was a member of a strong delegation sent by a Taxpayers’ Convention to protest with the authorities in VVashing ton against their sustaining the enemies of law and order and de cency in South Carolina. The remonstrance was strongly but re— spectfully presented, but the appeal was made to deaf and unsympa thetic ears. No relief was vouchsafed. In 1 876, when every resource to secure peace and order was ex hausted, the white people of the State met in convention at Columbia and nominated Hampton for Governor. Its i unnecessary for me to discuss at length the events of that political revolution, under Hampton’s matchless leadership. Many of you were participants and bore conspicuous parts in the redemp tion of your State. In fact, it may safely be affirmed that every white man, woman and child, except the few time-servers and co conspirators with the invading camp followers, lined up behind Hampton and drove the criminals from the temples they had dese crated. It is due to the contingent of colored men who took their lives in their hands and contributed to the triumph of intelligence, law and order, to give them full credit for their aid. ~ I c annot linger to relate in detail the events following that elec tion. The organization of the two Houses of the Legislature, the in tensity of public feeling, the strain on the people, the anxiety, the excitement, the uncertainty, the interference by Federal troops, the final triumph of the Wallace House, Hampton’s inauguration, and assumption of the reins of government. Throughout t hat trying ordeal, he was calm, sedate, firm, coun seling patience and moderation, the central figure of a great m0 mentous political upheaval, skillfully guiding the movements of the excited multitude, through the storm of political and social redemp tion—he made a place in the hearts of his countrymen more endur ing than any monument his grateful and admiring countrymen and countrywomen can ever erect to his memory. FRIDAY, J ANUARY 23, 1903. 139 oHe s administered the great office of Governor as to bring order out of chaos, inspire confidence among all the people, by honestly managing the State’s finances, justly executing the laws and fear lessly maintaining his constitutional prerogatives. He w as elected to the United States Senate during his second term as Governor, and took his seat on the 4th of March, 1879. There, as elsewhere, his lofty, exalted character soon impressed itself on his colleagues of that august body. His influence was always exerted for the good and welfare of his constituents, and dignity and honor of his State and the whole country. He s erved two terms in the Senate, and one term as Commissioner of the Trans-continental Railroads, successor to General Joseph E. Johnson. After h is term as U. S. Railroad Commissioner ended, he re— turned to private life and passed his remaining days with a dignity and self-respect which nothing could affect. He has gone to join that brilliant galaxy of Confederate comrades who will beckon him into their ranks, in the spirit land, as a worthy companion of the highest and best and most chivalric of them. General H ampton was well nigh a perfect specimen of physical manhood. A little less than six feet in height, well proportioned, with a muscular development like a trained athlete. While punc tiliously observant of the conventionalities and duties of polite life, he cared little for the glamour and frivolities of social pastime. His leisure hours were more congenially employed by the exciting chase of outdoor sports, and his unaffected nature more attracted by the movements and habits of the evasive trout. In h is relations with strangers, he was rather reserved, without being forbidding, but with intimate friends, was the soul of geniality and good cheer—always considerate, kindly and respectful. He . was endowed with a dignity that never suggested superiority, and yet free from condescensi'on or haughtiness—always self—poised, self-respecting—a gentleman. It w ould be flagrant flattery to say General Hampton had no faults. If he could speak, he would have a poor opinion of a man or woman who would set up such a claim. He was cordially human, with many of the weaknesses with which all human nature is af fected, but his high and noble qualities of head and heart, were so commanding and controlling as to overshadow his weaknesses and reduce them to the category of foibles. Sallust said to Cato: 140 J OURNAL OF THE SENATE,

“At C atoni studium modestiea, decoris sed maxime, sevenitates erat. “Non d ivitiis cum divite neque factione cum factioso, sed cum strenuo virtute, cum modesto pudore, cum innocente, abstinentia certabat esse, quam videri bonus malebat: ita quo minus gloriam petebat eo magis sequebatur,” which paraphrased, somewhat, and translated would read: “But H ampton’s ambition was that of temperance, discretion; he did not contend in splendor with the rich or in faction with the seditious, but with the brave in fortitude, with the modest in sim plicity, with the temperate in abstinence; he was more desirous to be, than appear virtuous; and thus the less he courted popularity the more it pursued him.” General H ampton was a great cavalry soldier, one of the greatest of modern times, if not of any period of the world’s history; he was an exemplary citizen of the loftiest and highest ideals of duty, de voted to the principles of constitutional government, a statesman of sound judgment and wisdom, an incorruptible gentleman. What more can or need be said of him? The b enediction was pronounced by the Chaplain of the Senate, the Rev. Dr. O. A. Darby. ‘ At t he conclusion of the address by General M. C. Butler, the PRESIDENT declared the Joint Assembly dissolved, and the Sen ate returned in a body to its chamber. On m otion of Mr. BRICE, at 1.45 o’clock P. M., the Senate ad journed.

Monday, J anuary 26, 1903.

The S enate assembled at 8 P. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon ' M ONDAY, JANUARY 26, 1903. 141 on m otion of Mr. JOHNSON, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, PRESENTMENTS OF GRAND JURIES AND SUCH LIKE PAPERS.

The P RESIDENT laid before the Senate the following communi cation:

Wade H ampton Chapter, Columbia, S. C., January 22, 1903. To t he Honorable President and Members of the Senate: The members of Wade Hampton Chapter, United Daughters of the C onfederacy, recognizing the patriotic services rendered them in the bestowal of one of the rooms in the Capitol building for their sacred war relics, thereby through this Committee express their high appreciation of the act of this honorable body, which gave to the Chapter a place of safety for treasures beyond price, and hope that the fragrance of these ﬂowers, tendered the President and honorable body by the Committee of the relic room, will like incense waft our grateful acknowledgment and give you pleasant recollections of the place assigned us for our relics. We cordially invite each and every member to inspect the work done by the Wade Hampton Chapter, and visit our room while in the Capitol, which is open every Saturday from 10.30 A. M. to 1.30 P. M. ' MRS. O’NEALE. MRS. CAPERS. MRS. RICHARDSON. Which,n o motion of Mr. HAY, was accepted with the thanks of the Senate. The P RESIDENT joined in extending thanks for their apprecia tion and ﬂowers.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 8 8.—Mr. STANLAND : A Bill to require railroads, steamboats and other common carriers to carry Dispensary Constables, policemen and other peace officers, when in the discharge of their duty, upon all trains and boats or other vehicles. 142 J OURNAL OF THE SENATE, Read t he first time and referred to the Committee on Railroads. S. 8 9.—Mr. STANLAND: A _Bill to amend Section 258 of the Civil Code, Volume I, Code of Laws of South Carolina, 1902, relat ing to primary elections. Read t he first time and referred to the Committee on Judiciary. S. 9 0.—Mr. GOODW'IN: A Bill to amend Section 357 of the Criminal Code, relating to witness labor contracts. Read t he first time and referred to the Committee on Agriculture. S. 9 L—Mr. GOODWIN : A Bill to provide for the indexing of all written agricultural labor contracts. _ Read t he first time and referred to the Committee on Agriculture. S. 9 2.-—Mr. GOODWIN: A Bill to require the officers and agents of the Columbia, Newberry and Laurens Railroad Company to widen a certain highway in the city of Laurens. Read t he first time and referred to the Committee on Railroads. S. 9 3.—Mr. GOODWlN: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. Read t he first time and referred to the Committee on Military. S. 9 4.—er. BLAKE: A Bill to amend Section 826, Civil Code (being Volume I, at page 315, Code of Laws, 1902). Read t he first time and referred to the Committee on Judiciary. S. 1 02.—Mr. MCLEOD: A Concurrent Resolution providing that on to-morrow‘s elections nominations be made without speeches. Upon i mmediate consideration, the Resolution was agreed to and sent to the House of Representatives.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: H.. R 95.—Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the State Printer and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the public printing. Read t he first time and ordered for consideration to-morrow, with out reference or printing. .H. R 96.—Mr. Kibler: A Bill relating to the qualification of the County Superintendents of Education. Read t he first time and referred to the Committee on Education. MONDAY, J ANUARY 26. 1903. 143 H.. R 97.-—Mr. Peurifoy: A Bill to direct the management of a surplus school fund which has accumulated in Saluda County. Read t he first time and referred to the Committee on Education. .H. R 98.—Mr. Wingo: A Bill to amend Section 298 of the Crimi nal Code of 1902. Read t he first time and referred to the Committee on Judiciary. H.. R 99.—Mr. Peurifoy: A Bill to amend Section 1186 of the Civil Code, relating to the bond of County Superintendents of Educa tion, by increasing the bond of the Superintendent of Education for Saluda County. Read t he first time and referred to the Committee on County Ofii ces and Officers. H.. R 100.—Mr. Sinkler: A Bill to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County,” approved February 20th, 1901, so as to amend Sections 3 and 4, and by adding another section, to be known as Section 5, and in changing the numbers of said section in conformity therewith. Read t he first time and referred to the Committee on Judiciary. H.. R 101.—Mr. Wingard: A Concurrent Resolution to appoint a Committee to ascertain what officers are to be elected by the present General Assembly. Upon i mmediate consideration, on motion of Mr. HOUGH, the Senate refused to concur in the Resolution and a message was sent to the House of Representatives accordingly. MESSAGE N 0. 6. In t he House of Representatives, Columbia, S. C., January 23, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it agrees to the amendment offered by your honorable body to Concurrent Resolution (S. 56), fixing a time for the election of one Associate Justice of the Supreme Court. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information. GENERAL O RDERS. THIRD READING BILLS. The f ollowing Senate Bills were severally read the third time, passed and ordered to be sent to the House of Representatives: 144 J OURNAL OF THE SENATE,

S. 1 8.—Mr. Gaines: A Bill to fix the weight and regulate the trade in corn meal. On m otion of Mr. GAINES, the following amendments were adopted, to wit: .Sec. 4 This Act shall be of force and effect from and after April 1st, 1903. Change n umber of Sec. 4 to Sec. 5. S. 4 0.—Mr. Blake: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. S. 4 2.—Mr. Gaines: A Bill to authorize and empower the Trustees of the school district of the town of Greenwood, Number 18, to order an election and to issue coupon bonds of said school district for school purposes. S. 5 2.—.\Ir. Hay: A Bill to amend an Act entitled “An Act vesting all the right and title of the State in or to the Wateree Canal in the owners of land adjacent thereto. severally," approved December 24, A. D. 1892, and Acts amendatory thereof. S. 5 3.—Mr. Gaines: A Bill to define the limits of the school dis ' t rict of the town of Greenwood designated as No. 18, and to validate the election of Trustees therein. ' S. 5 9.—Mr. Sheppard: A Bill to declare certain bonds issued by the corporate authority of Pickens and \Vise Townships, in Edgefield County, to be valid and legal obligations of said Townships respect ively, and to provide for the payment of the same.

SECOND R EADING BILLS. S. 3 .—M'r. Marshall: A Bill to regulate the employment of chil dren in factories, mines and manufacturing establishments in this State. On m otion of Mr. MARSHALL, the Bill was made the Special Order for Wednesday next, after the morning hour, and from day to day until disposed of. S. 2 9.-—Mr. \Varren : A Joint Resolution proposing to amend Sec tion 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. S. 3 0.—Mr. Raysor: A Joint Resolution to amend Section 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. MONDAY; J ANUARY 26, 1903. 145

On m otion of Mr. SHEPPARD, the Joint Resolutions were made the Special Order for Wednesday next. I S. 4 3.—Mr. Gaines: A Bill to provide for the erection of a bridge across Saluda River at Ware Shoals. . The B ill was read and ordered placed on the Calendar for a third reading. H.. R 66.—Mr. Lofton: A Bill granting to the United States of America the title of this State to, and the jurisdiction of this State over, certain lands in Charleston County, needed for “Improving the inland waterways between Charleston harbor and a point opposite McClellanville,” in said County. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 67.—Mr. Sinkler: A Bill to refund, repay and return certain taxes to “The Protestant Episcopal Church of the Parish of St. Philip, in Charleston. in the State of South Carolina.” The B ill was read and ordered placed on the Calendar for a third reading. H.. R 68.—Mr. Lesesne: A Bill to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. The B ill was read and ordered placed on the Calendar for a third reading. Mr. H YDRICK gave notice of amendment on third reading. H.. R 69.—Mr. Lesesne: A Bill to amend Section 2508, Vol. 1., Civil Code 1902, limiting admission of wills as evidence. The B ill was read and ordered placed on the Calendar for a third reading. Mr. B RICE gave notice of amendments on third reading.

TOIX F THE TIME OF MEETING.

Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet to—morrow at 1 1 o’clock A. M. The m otion was adopted. On m otion of Mr. SHEPPARD, at 8.45 o’clock P. M., the Senate adjourned. 146 J OURNAL OF THE SENATE,

Tuesday, J anuary 27, 1903.

The S enate assembled at II o’clock A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, Chaplain. ‘ The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. RAYSOR, the further reading of the Journal was dispensed with. INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 03.—Mr. SHARPE (by request): A Bill to require the Su perintendent of the Penitentiary to furnish cadavers to the State Board of Health for certain purposes. Read t he first time and referred to the Committee on Medical Affairs. S. 1 04.—\Ir. SHARPE (by request): A Bill to provide for a State Bacteriologist. Read t he first time and referred to the Committee on Medical Affairs. S. 1 05.—l\lr. SHARPE (by request) : A Bill to require town and city authorities to furnish certain vital statistics-and information. Read t he first time and referred to the Committee on Medical Affars. S. I o6.—Mr. SHEPPARD: A Bill to amend the subdivision headed “Edgefield County,” of Section i (being Section 1020, Civil Code), relating to the Magistrates of Edgefield‘ County, of an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title 1., of Part I., of Volume I, of the Code of Laws of South Carolina, 1902,” approved the 27th day of February, A. D. 1902, by changing and defining the Fourth Judicial District, in Edgefield County, and fixing the place for office of Magistrate of Fifth District, in said County. Read t he first time and referred to the Committee on Judiciary. S. 1 07.—Mr. HOOD: A Bill to amend Sections 2 and.9 of an Act TUESDAY, J ANUARY 27, 1903. 147 entitled “ An Act relating to the Section, drawing and summoning of jurors in the Circuit Courts of this State,” approved the 7th day of February, 1902. Read t he first time and referred to the Committee on Judiciary.

RESOLUTIONS. S. 1 17.—Mr. GAINES: A Concurrent Resolution in relation to Old Fort Ninety-Six. The Resolution was read, as follows:

Whereas, O ld Fort Ninety—Six being the most complete relic of its kind existing in the United States, and a valuable object lesson in the history of our nation; And w hereas, the tunnel is being gradually destroyed by the ravages of time, and the fort is liable to be defaced or destroyed; therefore, be it yResolved b the Senate, the House of Representatives concurring, That it is the sense of the General Assembly of South Carolina that the Government of the United States should acquire this fort and grounds, and preserve them as a memorial to the heroes of the C010 nial days and of the Revolutionary War. That t he Clerks of the Senate and House of Representatives shall certify the Resolution to the President of the United States and to the United States Senators and Representatives in Congress from Souh Carolina.

Upon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives for concurrence.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse set the Senate the following: S. 7 7.—Mr. Manning: A Concurrent Resolution providing for the election of a Code Commissioner. ' Returned w ith concurrence. Received a s information. S. 1 02.——Mr. McLeod: A Concurrent Resolution providing that on to-morrow’s elections nominations be made without speeches. Returned w ith concurrence. Received a s information. .H. R 108.-—Mr. Kelley: A Bill to provide for the transfer of cer tain r ecords to the office of Probate Judge of Lee County. ll—s. J.—(500) 148 J OURNAL OF THE SENATE, Read t he first time and referred to the Committee on Judiciary. H.. R 109.—Mr. Toole: A Bill to protect fish by the regulation of the sale of dynamite and other similar explosives. Read t he first time and referred to the Committee on Judiciary. H.. R 110.—Mr. Gaston: A Bill to secure throughout the United States a uniform classified assessment of live stock. Read t he first time and referred to the Committee on Judiciary. H.. R 111.—Mr. Sinkler: A Bill to amend Section 304 of the Criminal Code of this State relative to prosecutions by the Pharma— ceutical Association of the State of South Carolina. Read t he first time and referred to the Committee on Medical Affairs. H.. R 112.—Mr. Sinkler: A Bill to amend Section 1116 of Civil Code, Vol. 1, of the Code of Laws of this State, being a part of Arti— cle 11., relative to physicians, apothecaries and dentists, which Arti cle is part of Chapter XXIII., under Title VIII. of said Code, this amendment being relative to the placesof meeting of “The Board of Pharmaceutical Examiners.” Read t he first time and referred to the Committee on Medical Affairs. 1 .H. R 113.—Mr. McColl, Jr.: A Bill to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein. Read t he first time and referred to the Committee on Education. H.. R 114.—Mr. Logan: A Bill to amend the first paragraph of Section 1011, of Vol. 1 of the Code of betws of South Carolina, relat ing to Magistrates for Charleston County. Read t he first time and referred to the Committee on Judiciary. _ .H. R 115.—Mr. Coggeshall: A Joint Resolution to refund to C. Keith Dargan, of Darlington County, certain taxes. Read t he first time and referred to the Committee on Claims and Grievances. .H. R 1 16.—Mr. Ford : A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. Read t he first time and referred to the Committee on Penitentiary. The S ergeant-at-Arms announced MESSAGE F ROM THE GOVERNOR. Message N o. 2 from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary. The Message was read as follows: TUESDAY, J ANUARY 27, 1903. 149

Statef o South Carolina, Executive Chamber, 7 Columbia, January 27, 1903. Gentlemen of the General Assembly: I have the honor to inform you that Lieut. Gov. Sloan has re signed his position as one of the Trustees of the South Carolina Col lege, and the same has this day been accepted. Respectfully submitted, D. C. HEYWARD, Governor. Received as information.

SPECIAL O RDER FOR 12 O’CLOCK M.—ELECTION UNITER STATES SENATOR. The S enate proceeded to the election of United States Senator to represent the State of South Carolina in the Senate of the United States for the term of six years commencing March 4th, 1903, in ac cordance with the provisions of an Act to regulate the time and man ner of holding elections for Senators in Congress. The P RESIDENT announced that nominations were in order for United States Senator. Mr. R AYSOR nominated Honorable Asbury C. Latimer. Mr. H OOD seconded the nomination. There b eing no other nomination, the roll was called and the Sen ate proceeded to vote viz/a voce. The f ollowing named Senators voted for Hon. Asbury C. Lati mer: Messrs. A ldrich, Blake, Brice, Brown, Davis, Dennis, Doug lass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon Hood, Hough, Johnson, Manning, Marshall, McCall, McDermott, McIver, McLeod, Mower, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Ray sor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, von Kolnitz, Jr., Walker, Warren—35.

GENERAL O RDERS. THIRD READING BILLS. The f ollowing Senate Bill was read the third time, passed and ord ered to be sent to the House of Representatives: S. 4 3.—-Mr. Gaines: A Bill to provide for the erection of a bridge across Saluda River at Ware Shoals. 150 J OURNAL OF THE SENATE.

The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratiﬁcation: .H. R 66.—Mr. Lofton: A Bill granting to the United States of America the title of this State to, and the jurisdiction of this State over, certain lands in Charleston County, needed for “Improving the inland waterways between Charleston harbor and a point opposite McClellanville,” in said County. .H. R 67.—Mr. Sinkler: A Bill to refund, repay and return cer tain taxes to “The Protestant Episcopal Church of the Parish of St. Philip, in Charleston, in the State of South Carolina." H.. R 68.—-Mr. Lesesne: A Bill to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. The f ollowing House Bill was read the third time, passed and ord ered returned to the House of Representatives, with amendment: H.. R 69.—Mr. Lesesne: A Bill to amend Section 2508, Vol. 1, Civil Code, 1902, limiting admission of wills as evidence. The B ill was amended line I, Section I, by striking out “936” and inserting “ 963.”

SECOND READING BILLS.

S. 2 .—Mr. Gaines: A Bill to regulate the trafﬁc in seed cotton and unpacked lint cotton. Mr. \ NARREN moved to strike out the enacting clause of the Bill. After d ebate by Messrs. WARREN, MCLEOD, McIVER, J. W. RAGSDALE, HARDIN, GAINES, BRICE, SHARPE and PEURIFOY, The q uestion was taken on agreeing to the motion of the Senator from Hampton, on which the y-eas and nays were demanded and taken, resulting as follows: Yeas—Messrs. D avis, Forrest, McDermott, McIver, W. Rags— dale, Sharpe, Sheppard, Stackhouse, Talbird, von Kolnitz, Jr., VVar rem—11. Nays—~Messrs. A ldrich, Blake, Brice,Brown,Carpenter,D0uglass, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Johnson, Manning, Marshall, McCall, McLeod, Peurifoy, Raysor, Stanland, Walker—22. So t he motion was lost. TUESDAY, J ANUARY 27, 1903. 151 The B ill was read and the amendments proposed by the Commit tee were adopted, to wit: On l ine 3, after the word December, strike out the “20th” and in sert “15th ;” also on line I I, after the word December, strike out the “20th” and insert “15th;" also on page 3, line 3, after the word December. strike out “20th” and insert “15th.” Mr. T ALBIRD moved that the Bill be so amended that the provr sions thereof shall not apply to the County of Beaufort. Mr. B RICE moved to lay the motion of the Senator from Beau fort on the table. Upon a d ivision being had, the vote stood: Yeas, 18; nays, 11. So t he motion to amend was laid upon the table. Mr.. J W. RAGSDALE moved as an amendment: “Provided, The provisions of this Act shall not apply to the County of Flor ence.” After d ebate, Mr. BRICE moved that the motion to amend be laid upon the table. The q uestion was taken on “agreeing to the motion of the Senator from York, on which the yeas and! nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich. Blake, Brice, Brown, Carpenter, Doug lass, Gaines, Goodwin. Hardin, Hay, Herndon, Hood, Hough Johnson, McCall, McLeod, Peurifoy, Raysor, Stackhouse, Stanland —20. Nays—Messrs. D avis, Dennis, Forrest, Manning, Marshall, Mc Dermott, McIver, G. W. Ragsdale, J. W. Ragsdale, Sharpe, Shep— pard, Talbird, Walker, Warren—I4. So t he motion to amend was laid upon the table. Mr. S HEPPARD then proposed the following motion: “That t he Bill be recommitted to the Judiciary Committee, with instructions to the Committee to report whether or not an amend ment to exempt certain Counties from the provisions of the Bill will be obnoxious to the provisions of the Constitution relating to special legislation." After d ebate by Messrs. SHEPPARD, BRICE, HOUGH, W. RAGSDALE, McLEOD, GAINES, and JOHNSON, The q uestion was taken on agreeing to the motion of the Senator from Edgeﬁeld, on which a division was demanded and taken, result ing: Yeas, 1 8. Nays, I 3 . So t he motion was adopted. 152 J OURNAL OF THE SENATE,

S. 3 9.—~Mr. McIver: A Bill to amend Section 948 of the Civil Code. Vol. 1, Code of Laws, 1902, so as to dispense with the certiﬁ cate as to the ofﬁcial character of a Notary Public. After d ebate by Messrs. MCIVER, BRICE, G. W. RAGSDALE and HAY. the unfavorable report was adopted and the Bill rejected.

SPECIAL O RDER FOR I O’CLOCK P. M.—ELECTION OF ASSOCIATE JUSTICE AND CODE COMMISSIONER.

At I o ’clock P. M., the Senate proceeded to the Hall of the House of Representatives.

JOINT A SSEMBLY. ELECTION OF ASSOCIATE JUSTICE. _

The H on. JOHN T. SLOAN, President of the Senate, called the Joint Assembly to order and announced that the two Houses had met in Joint Assembly in pursuance with the provisions of a Concurrent Resolution to elect an Associate Justice of the Supreme Court for the unexpired term of the Hon. Y. J. Pope, resigned; and in pursuance of a Concurrent Resolution to elect a Code Commissioner to fill the place of W. H. Townsend, Esq., resigned. The P RESIDENT appointed as tellers on the part of the Senate Messrs. von Kolnitz and Hough. The S PEAKER appointed as tellers on the part of the House of Representatives Messrs. Tatum, Efird and Wingo. The P RESIDENT declared that nominations for Associate Jus tice of the Supreme Court to fill the unexpired term of the Hon. Y. J. Pope were in order. Senator M CIVER nominated Mr. Chas. A. Woods, of Marion. > Mr. B LACKWOOD seconded the nomination. Senator P EURIFOY nominated Mr. W. B. Gruber, of Colleton. Mr. T OWILL seconded the nomination. Senator H OOD nominated Mr. James L. Tribble, of Anderson. Mr. D OYLE seconded the nomination. Mr.. D O. HERBERT nominated Mr. James F. Izlar, of Orange burg. Senator R AYSOR seconded the nomination. Senator ' GAINES nominated Mr. J. Fitz James Caldwell, of Greenwood. Senator M OWER seconded the nomination. TUESDAY, J ANUARY 27, 1903. 153

Senator M ARSHALL nominated Mr. Robert Aldrich, of Barn well. Mr. R AINSFORD seconded the nomination. The C lerk of the Senate called the roll of the Senate, and the Sena tors voted viva voce as their names were called. The f ollowing Senators voted for Mr. Woods: Messrs. B rice, Brown, Davis, Dougless,'Hardin, Hay, Hough, Manning, McCall, McDermott, McIver, McLeod, J. W. Ragsdale, Stackhouse, Walker—15. The f ollowing Senators voted for Mr. Gruber: Messrs. F orrest, Peurifoy, Sharpe, Stanland—4. The f ollowing Senators voted for Mr. Tribble: Messrs. B lake, Carpenter, Herndon, Hood—4. The f ollowing Senator voted for Mr. Izlar: Mr. R aysor—I. The f ollowing Senators voted for Mr. Caldwell: Messrs. G aines, Mower—2. The f ollowing Senators voted for Mr. Aldrich: Messrs. D ennis, Goodwin, Johnson, Marshall, Mayﬁeld, G. W. Ragsdale, Sheppard, Talbird, von Kolnitz, Warren—10. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. The f ollowing named members voted for Mr. Woods: .Hon. M L. Smith, Speaker, and Messrs, Barron, Bass, Bates, Blackwood, Bomar, Bunch, Clifton, Coggeshall, Doar, Ford, Fraser, Gause, Gourdin, Haile, Harrellson, Haskell, Humphrey, James, Jar negan, Kelley, King, Lancaster, Laney, Lanham, Lesesne, Lofton, Logan, Lyles, McColl, Jr., McMaster, Mace, Moses, Parnell, Pol lock, Potts, Pyatt, Quick, Richards, Sarratt, Seabrook, Sinkler, Jere miah Smith, Stackhouse, Strong, Stuckey, Wall, Whaley, Wingo— 49- - The f ollowing members voted for Mr. Gruber: Messrs. B ennett, Black, Davis, DesChamps, Dowling, J. E. Her bert, Hill, Johnson, Mims, Peurifoy, Ready, Russell, Towill, Wil liams, Wise—15. The f ollowing members voted for Mr. Tribble: Messrs. B rown, Carwile, DeBruhl, Donnald, Dorroh, Doyle, Hin ton, Kirby, Leaverett, Little, 'Mauldin, Pearman, Rankin, Richard son, Tribble, Wright—16. The f ollowing members voted for Mr. Izlar: Messrs. B aker, Culler, D. O. Herbert, Lide, Moss, Tatum——6. 154 J OURNAL OF THE SENATE,

The f ollowing members voted for Mr. Caldwell: Messrs. A ull, Banks, Brooks, Callison, Cooper, Gaston, Irby, Kib ler, Mahaffey, Nichols, Wingard—I 1. The f ollowing members voted for Mr. Aldrich: - Messrs. B ailey, Beamguard. Carey, Colcock, Dennis, DeVore, Eﬁrd, Glover, Holman. Middleton, Patterson, Rainsford, Rawlinson, W. C. Smith. Thomas, Toole, Traylor, Wade, Walker, Webb, You mans—21.

RECAPITULATION. Total n umber of Senators voting ...... 36 Total number of members voting ...... 118

Grand t otal ...... 154 Necessary to a choice ...... _..... 78 Of which Mr. Woods received ...... 64 Of which Mr. Gruber received ...... 19 Of which Mr. Tribble received ...... 20 Of which Mr. Izlar received ...... 7 Of which Mr. Caldwell received ...... 13 Of which Mr. Aldrich received ...... 31

Whereupon t he PRESIDENT announced that there had been no election and ordered another ballot.

SECOND B ALLOT.

The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted viva voce as their names were called. The f ollowing Senators voted for Mr. Woods: Messrs. B rice. Brown, Davis. Douglass, Hardin, Hay, Hough, Manning,,McCall, McDermott, McIver, McLeod, J. W. Ragsdale, Stackhouse, W alker—I 5. The f ollowing Senators voted for Mr. Gruber: Messrs. F orrest, Peurifoy, Sharpe, Stanland—4. The f ollowing Senators voted for Mr. Tribble: Messrs. B lake, Herndon, Hood—3. TUESDAY. J ANUARY 27, 1903. ' 155

The f ollowing Senators voted for Mr. Izlar: Mr. R aysor—I. The f ollowing Senators voted for Mr. Caldwell: Messrs. G aines, Mower—2. The f ollowing Senators voted for Mr. Aldrich: Messrs. C arpenter, Dennis, Goodwin, Johnson, Marshall, May— field, G. NV. Ragsdale, Sheppard, Talbird, von Kolnitz, Warren—11. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. The f ollowing named members voted for Mr. Woods: .Hon. M L. Smith, Speaker. and Messrs. Barron, Bass, Bates, Blackwood, Bomar, Bunch, Clifton, Coggeshall, DesChamps, Doar, Ford, Fraser, Gause, Gourdin, Haile, Harrellson, Haskell, J. E. Herbert, Humphrey, James, Jarnegan, Kelley, King, Kirby, Lan caster, Laney, Lanham, Lesesne, Lofton, Logan, Lyles, McColl, Jr., McMaster, Mace, Mauldin, Moses, Parnell, Pollock, Potts, Pyatt, Quick, Richards, Sarratt, Seabrook, Sinkler, Jeremith Smith, Stack house, Strong, Stuckey, Thomas, \Nall, VVhaley, Wise—54. The f ollowing named members voted for Mr. Gruber: Messrs. B ennett, Black, Davis, Dowling, Hill, Johnson, Mims, Peurifoy, Russell, Towill, Williams—II. _ The f ollowing named members voted for Mr. Tribble: Messrs. B rown, Carwile, DeBruhl, Donnald, Dorroh, Doyle, Hin— ton, Leaverett, Little, Pearman, Rankin, Richardson, Tribble, Wingo. Wright—I 5. . The f ollowing named members voted for Mr. Izlar: Messrs. B aker, Culler, D. O. Herbert, Lide, Moss, Tatum—6. The f ollowing named members voted for Mr. Caldwell: Messrs. A ull, Banks, Brooks, Callison, Cooper, Gaston, Irby, Kib ler, Mahafi'ey, Nichols, VVingard—II. The f ollowing named members voted for Mr. Aldrich: Messrs. B ailey, Beamguard, Carey, Colcock, Dennis, DeVore, Efird, Glover, Holman, Middleton, Patterson, Rainsford, Rawlin son, Ready, W. C. Smith, Toole, Traylor, Wade, Walker, Webb, Youmans-—21.

RECAPITULATION.

T otal number of Senators voting ...... 37 Total number of Members voting ...... 117

Grand t otal ...... 1 54 156 ' J OURNAL OF THE SENATE,

Necessary t o a choice ...... 78 Of which Mr. Woods received ...... 69 Of which Mr. Gruber received ...... 15 Of which Mr. Tribble received ...... 18 Of which Mr. Izlar received ...... 7 Of which Mr. Caldwell received ...... 13 Of which Mr. Aldrich received ...... 32

Whereupon t he PRESIDENT announced that there was no elec tion, and the Joint Assembly proceeded to a

THIRD B ALLOT. The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted viva voce as their names were called: The f ollowing named Senators voted for Mr. Woods: Messrs. B rice, Brown, Davis, Douglass, Hardin, Hay, Hough, Manning, McCall, McDermott, McIver, McLeod, J. W. Ragsdale, Stackhouse, Walker—15. The f ollowing named Senators voted for Mr. Gruber: Messrs. F orrest, Peurifoy, Sharpe—3. The f ollowing named Senators voted for Mr. Tribble: Messrs. B lake, Carpenter, Herndon, Hood—4. The f ollowing named Senators voted for Mr. Izlar: Mr. R aysor—I. The f ollowing named Senators voted for Mr. Caldwell: Messrs. G aines, Mower—2. The f ollowing named Senators voted for Mr. Aldrich: Messrs. D ennis, Goodwin, Johnson, Marshall, Mayﬁeld, G. W. Ragsdale, Sheppard, Stanland, Talbird, von Kolnitz, Warren—11. The C lerk of the House of Representatives called the roll of the House, and the members voted 'vi'va was as their names were called. Those v oting for Mr. Woods are: Hon.. M L. Smith, Speaker, and Messrs. Barron, Bass, Bates, Blackwood, Bomar, Bunch, Clifton, Coggeshall, DesChamps, Doar, Ford, Fraser, Gause, Gourdin, Haile, Harrellson, Haskell, J. E. Her bert, Humphrey, James, Jarnegan, Kelley, King, Kirby, Laney, Lan ham, Lesesne, Little, Lofton, Logan, Lyles, McColl, McMaster, TUESDAY, J ANUARY 27, 1903. 157

Mace, M ahaffey, Mauldin, Moses, Parnell, Pollock, Potts, Pyatt, Quick, Richards, Sarratt, Seabrook, Sinkler, Jeremiah Smith, Stack house, Strong, Stuckey, Thomas, Wall, Whaley, Wingo, Wise—56. Those v oting for Mr. Gruber are: Messrs. B aker, Bennett, Black, Davis, Dowling, Hill, Johnson, Mims, Peurifoy, Towill, l/Villiams—II. Those v oting for Mr. Tribble are: ~ Messrs. B rown, Carwile, DeBruhl, Donnald, Dorroh, Doyle, Hin ton, Leaverett, Pearman, Rankin, Richardson, Tribble, Wright—13. Those v oting for Mr. Izlar are: Messrs. C uller, D. O. Herbert, Lide, Moss,Tatum—5. Those v oting for Mr. Caldwell are: Messrs. A ull, Banks, Brooks, Callison, Cooper, Gaston, Irby, Kib ler, Lancaster, Nichols, Wingard‘—11. Those v oting for Mr. Aldrich are: Messrs. B ailey, Beamguard, Carey, Colcock, Dennis, DeVore, Eﬁrd, Glover, Holman, Middleton, Patterson, Rainsford, Rawlinson, Ready, Russell, W. C. Smith, Toole, Traylor, Wade, Walker, Webb, Youmans—22.

RECAPITULATION. Total n umber of Senators voting ...... 36 Total number of Members voting ...... 118

Grand t otal ' ...... 154

Necessary to a choice ...... 78 Of which Mr. Woods received ...... 71 Of which Mr. Gruber received ...... 14 Of which Mr. Tribble received ...... 17 Of which Mr. Izlar received ...... 5 Of which Mr. Caldwell received ...... 13 Of which Mr. Aldrich received ...... 33

The P RESIDENT announced that there was no election.

RECESS. Whereupon S enator SHEPPARD moved that the Joint Assem bly recede from business until 12 M. to-morrow, to resume the bal 158 ' J OURNAL OF THE SENATE, loting f or an Associate Justice of the Supreme Court immediately after the tabulation of the vote for United States Senator. \Nhich w as agreed to. ' The S enate withdrew from the Hall of the House of Representa tives. On m otion of Mr. SHARPE, the Senate adjourned until 11 ~0’clock A. M. to-morrow.

Wednesday, J anuary 28, 1903.

The S enate assembled at 11 o'clock A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, Chaplain. ' The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. RAYSOR, the further reading of the Journal was dispensed with. REPORTSF O COMMITTEES.

Mr. M OWER, from the Committee on Finance, submitted a fav orable report, with amendment, on S. 7 .—Mr. Blake: A Bill to fix the time for the payment of taxes, and penalties thereon. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted an un favorable report on S. 9 .—-Mr. Raysor: A Bill to fix the time for the payment of taxes, assessments and penalties, and of enforcing the payment of same by ' e xecution. Upon i mmediate consideration, the unfavorable report was adopted and the Bill rejected. .Mr. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report on S. 3 4.—Mr. Marshall: A Bill to amend an Act entitled “An Act \VEDNESDAY, J ANUARY 28, 1903. 159 to a mend Section 1 of an Act to provide for the incorporation of towns of not less than one thousand nor more than five thousand in habitants, approved 5 March, 1896, which was approved 25 Febru ary, 1902,” and Section 1958 of the Civil Code of 1902, Vol. 1, re lating to towns of less than five‘thousand and more than one thou— sand. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub mitted a favorable report on S. 3 5.—Mr. von Kolnitz: A Bill to amend Section 1119 of the Civil Code, Vol. I, of the Code of Laws of this State, being part of Article 11., relative to physicians, apothecaries and dentists, which Article is a part of Chapter XXIII., under Title VIII. of said Code. This a mendment being relative to the quantity of licenses of phar maceutists. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub— mitted a favorable report on S. 3 6.-—Mr. von Kolnitz: A Bill to amend Section 1126 of the Civil Code, of Vol. 1 of the Code of Laws of this State, a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to sale of medicines already prepared. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub mitted a favorable report on S. 3 7.—Mr. von Kolnitz: A Bill to amend Section 1116 of the Civil Code, Vol. 1 of the Code of Laws of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the places of meeting of the Board of Pharmaceutical Examiners. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub mitted a favorable report on S. 3 8.-Mr. von Kolnitz: A Bill to amend Section 1122 of the Civil Code, Vol. 1 of the Code of Laws of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the duties of licensed pharmaceu tists, apothecaries and retail druggists. 160 J OURNAL OF THE SENATE,

Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub mitted a favorable report, with amendment, on S. 4 .4.—Mr. von Kolnitz: A Bill to amend Section 1120 of the Civil Code, Vol. I of the Code of Laws of this State, being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to charges for examination and li censing of pharmaceutists. Ordered f or consideration to-morrow. Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted a report, without recommendation, on S. 5 I.—Mr. Douglass: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and pre scribe his duties.’ ” Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report, by substitute, on S. 6 2.—Mr. Hough: A Joint Resolution to require the Treasurer of Lancaster County to refund to J. B. Langley certain taxes. Substitute f or No. 62.—-Joint Resolution to require the Treasurer of the State of South Carolina and the Treasurer of Lancaster County to refund to J. B. Langley certain taxes. The S ubstitute was read and ordered for consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 7 9.—Mr. Butler: A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County officers of the various counties of this State,” approved 27th F ebru— ary, 1902, by ﬁxing the salary of the Sheriff of Cherokee County at ﬁfteen hundred dollars. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on S. 8 2.—Mr. Brice: A Bill to provide for sounding Calendars by the Clerk of Court. Upon i mmediate consideration, the unfavorable report was adopted and the Bill rejected. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on WEDNESDAY, J ANUARY 28, 1903. 161

S. 8 4.—Mr. Brice: A Bill to amend Section 2516 of Vol. 1, Civil Code of South Carolina, providing for granting letters to husband or wife upon application without citation. Upon i mmediate consideration, the unfavorable report was adopted and the Bill rejected. Mr. M ANNING, from the Committee on Medical Afiairs, sub mitted a favorable report on S. 8 6.—-Mr. von Kolnitz: A Bill to amend Section 304 of the Criminal Code of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Railroads and Internal Improvements, submitted an unfavorable report on S. 8 8.—Mr. Stanland: A Bill to require railroads, steamboats and other common carriers to carry Dispensary Constables, policemen and other peace officers, when in the discharge of their duty, upon all trains and boats or other vehicles. Ordered f or consideration to-morrow. - Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 9 4.——Mr. Blake: A Bill to amend Section 826, Civil Code (be ing Volume I, at page 3I5, Code of Laws, 1902). Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendment, on H.. R 98.——Mr. Wingo: A Bill to amend Section 298 of the Crimi— nal Code of 1902. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 100.—Mr. Sinkler: A Bill to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County,” approved February 20th, 1901, so as to amend Sections 3 and 4, and by adding another section, to be known as Section 5, and in changing the numbers of said section in conformity therewith. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on S. I O7.—Mr. Hood: A Bill to amend Sections 2 and 9 of an Act entitled “An Act relating to the Section, drawing and summoning of 162 J OURNAL OF THE SENATE, jurorsn i the Circuit Courts of this State,” approved the 7th day of Februry, 1902. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 108. Mr. Kelley: A Bill to provide for the transfer of cer tain records to the ofiice of Probate Judge of Lee County. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report on H.. R I 10.~—Mr. Gaston: A Bill to secure throughout the United States a uniform classified assessment of live stock. Recommending t hat the same be referred to the Committee on Agriculture. Upon i mmediate consideration, the report was adopted.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: . S. I I8.——Mr. SHEPPARD: A Concurrent Resolution providing for the election of one Trustee for the South Carolina College and for other purposes. Bet i Resolved by the Senate, the House of Representatives con curring, That when the Senate and House reconvene this day, as provided for in Joint Assembly, there shall be elected one Trustee for the South Carolina College to fill the vacancy occasioned by the resignation of the Hon. John T. Sloan, said election to be held forthwith after the election of a Code Commissioner. Resolved, f urther, That if the purposes for which the Joint As sembly shall reconvene shall not be accomplished at a quarter of an hour before three o’clock this P. M., it shall be the duty of the pre siding officer of the Joint Assembly to declare a recess until the hour of 8 o'clock P. M. this day. Upon i mmediate consideration, the Resolution was agreed to and sent to the House of Representatives. S. 1 19—Mr. HAY: A Bill to authorize the Trustees of School District Number 1 of Kershaw County to issue bonds for the purpose of refunding the present bonded indebtedness thereof, and to im— prove and erect school building. Read t he first time and placed on the Calendar without reference. WEDNESDAY, J ANUARY 28, 1903. 163 S. 1 20.-—Mr. MOWER: A Bill to authorize County Treasurers to pay the exchange, expense or other charges for forwarding moneys to the State Treasurer. . Read t he first time and referred to the Committee on Finance. S. 1 21.—Mr. GAINES: A Bill to require banks having on deposit State funds to render to the State Treasurer at designated times statements, showing balances on hand to credit of the State. Read t he first time and referred to the Committee on Finance. S. 1 22.—Mr. ALDRICH: A Bill for an exhibit of industries and resources of South Carolina at the Louisiana Purchase Exposition to be held in the city of St. Louis, Missouri, during the year 1904. Read t he first time and referred to the Committee on Commerce and Manufactures. S. 1 23.—Mr. MONVER: A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the fiscal years commencing November Ist, 1872, to and including the year com ‘ mencing November Ist, 1881. Read t he first time and referred to the Committee on Finance. S. 1 24.—Mr. von KOLNITZ: A Bill to amend Section 2122 of the Ciin Code of Laws of South Carolina of 1902, concerning run ning of trains on Sunday. Read t he first time and referred to the Committee on Judiciary.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 1 18—Mr. Sheppard: A Concurrent Resolution providing for the election of one Trustee for the South Carolina College and for other purposes. Returned w ith concurrence. Received a s information. .H. R 125.—Mr. Lyles: A Concurrent Resolution: Be it resolved by the House of Representatives, the Senate concurring, That a Bill for a special charter to incorporate the Union Manufacturing and Power Company be allowed to be introduced, and when so intro duced may pass the same as other Bills. Pursuant t o the provision of the Constitution, the yeas and nays were taken, resulting as follows: .Yeas—Messrs. A ldrich, Blake, Brice, Butler, Carpenter, Davis, Dennis, Douglass, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, H ough, Johnson, Manning, Marshall, McCall, McDermott, 12—s. .r.-(500) 164 J OURNAL OF THE SENATE, McIver, M cLeod, Mower, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, von Kolnitz, \IValker, Warren —33‘ ' Nays—None. So t he Resolution was agreed to and ordered returned to the House n of Representatives with concurrence.

SPECIAL O RDER AFTER THE MORNING HOUR.

S. 3 .—Mr. Marshall: A Bill to regulate the employment of chil— dren in factories, mines and manufacturing establishments in this State. The B ill was read. Mr. H OOD moved to strike out the enacting words of the Bill. The q uestion was taken on agreeing to the motion of the Senator from Anderson, on which the yeas and nays were demanded and taken, resulting as follows: ‘ Yeas—Messrs. B utler, Carpenter, Davis, Dennis, Douglass, Gaines. Hay, Herndon, Hood, Hough, McIver, Walker, Warren— 13 Nays—Messrs. A ldrich, Blake, Brice, Forrest, Goodwin, Hardin, Johnson, Manning, Marshall, Mayﬁeld, McCall, McDermott, Me Leod, G. W. Ragsdale, J. W. Ragsdale. Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, von Kolnitz—~22. So t he motion was lost. The B ill was then passed and ordered placed on the Calendar for a third reading. S. 8 .——M-r. Raysor: A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in each year. The B ill was read. Mr. B RICE moved to strike out the enacting words of the Bill. After d ebate by Mr. BRICE, on motion of Mr. SHEPPARD, the further consideration was postponed until to-morrow. _. S 29.——Mr. Warren: A Joint Resolution proposing to amend Sec tion 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. The B ill was read, and the majority and minority reports were laid upon the table. The q uestion was taken on agreeing to the passage of the Joint Resolution, on which the yeas and nays were taken, resulting as fol lows: WEDNESDAY, J ANUARY 28, 1903. 165

Yeas—Messrs. A ldrich, Blake, Brice, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Hardin, Herndon, Hood, Johnson, Man— ning, Mayﬁeld, McCall, McDermott, McIver, MeLeod, Peurifoy, G. W. Ragsdale, J. \V. Ragsdale, Raysor, Sharpe, Sheppard, Stack house, Stanland, NValker, VVarren—29. Nays—Messrs. G oodwin, Hay, Hough, Marshall, Talbird, von Kolnitz—6. The r equisite two—third vote being obtained, the Joint Resolution was passed and ordered placed on the Calendar for a third reading.

SPECIAL O RDER FOR 1 O’CLOCK P. M.

At 1 o ’clock P. M., the Senate proceeded to the Hall of the,House of Representatives. JOINT A SSEMBLY.

TABULATION O F VOTES FOR UNITED STATES SEN ATOR.

2At 1 M. the Senate assembled in the Hall of the House of Repre sentatives. I The H on. JOHN T. SLOAN, President of the Senate, called the Joint Assembly to order and announced that the two Houses had met in Joint Assembly under the provisions of an Act of the United States Congress to regulate the time and mode of the election of members of Congress, and to have read so much of the Journals of both Houses of the General Assembly of South Carolina as relates to the vote cast in each House to represent South Carolina in the United States Senate for the term of six years, commencing March 4, 1903. The C lerk of the Senate read from the Senate Journal of Tuesday, January 27, 1903, so much of the proceedings of the Senate as re lates to the election of United States Senator. The C lerk of the House of Representatives then read so much of the House Journal of Tuesday, January 27, 1903, as relates to the election of United States Senator. The v ote was then tabulated, from which it appeared: Total n umber of Senators voting, 35. Total n umber of members voting, 109. Grand t otal, 144. Majority, 7 8. Of w hich A. C. Latimer received 144. 166 J OURNAL OF THE SENATE, Whereupon t he President of the Senate declared that the Hon. A. C. Latimer, having received a majority of the whole number of votes given by the General Assembly, was duly elected United States Sen ator to represent the State of South Carolina in the Senate of the United States for the term of six years, commencing the 4th of March, A. D. 1903.

UNFINISHED B USINESS—ELECTION OF ASSOCIATE JUSTICE OF THE SUPREME COURT.

The P RESIDENT of the Senate announced that the next business in order was the resumption of balloting for an Associate Justice of the Supreme Court. Senator H OOD withdrew the name of .\Ir.- J. L. Tribble as a candidate therefor. - Senator G AINES withdrew the name of Mr. J. F. J. Caldwell. Senator P EURIFOY withdrew the name of Mr. W. B. Gruber. Mr.. D O. HERBERT withdrew the name of Mr. James F. Izlar. The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted "viva voce as their names were called. The f ollowing Senators voted for Mr. Woods: Messrs. B rice, Brown, Butler, Davis, Douglass, Hardin, Hay, Hough, Manning, McCall, McDerniott. McIver, McLeod. J. W. Ragsdale, Stackhouse, \IValker—16. _ The f ollowing named Senators voted for Mr. Aldrich: Messrs. B lake. Carpenter, Dennis, Forrest, Gaines. Goodwin, Herndon, Hood, Johnson, Marshall, Mayﬁeld, Mower. Peurifoy, G. \V. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, von - Kolnitz, Warren—21. ‘ The C lerk of the House of Representatives called the roll of the House, and the members voted T’i'l'tl tlocc’ as their names were called. The f ollowing named members voted for Mr. VV'oods: Hon.. M L. Smith, Speaker, and Messrs. Aull, Banks, Barron, Bass, Bates, Blackwood, Brown, Bunch, Clifton, Coggeshall, Culler, DeBruhl, DesChamps, Doar, Dorroh, Doyle, Ford, Fraser, Gaston, Gause, Gourdin, Harrellson, Haskell, D. 0. Herbert, J. E. Herbert, Humphrey, James. Jarnegan, Kelley, Kibler, King, Kirby, Lancas ter, Laney, Lanham, Lesesne, Lide, Little, Lofton, Logan, Lyles, Mc Cain, McColl, McMaster, Mace, Mauldin, Morgan, Moses, Parnell, Pollock, Potts, Pyatt, Quick, Richards, Sarratt, Seabrook, Sinkler, WEDNESDAY, J ANUARY 28. 1903. [6?

Jeremiah S mith, Stackhouse, Strong, Stuckey, Thomas, Towill, \Nall, \thaley, Williams, Wingard, Wingo, Wise—70. The f ollowing named members voted for Mr. Aldrich: Messrs. B ailey, Baker, Beamguard, Bennett, Black, Brooks, Calli son, Carey, Carwile, Colcock, Davis, Dennis, DeVore, Donnald, Eﬁrd, Glover, Hill, Hinton, Holman, Irby, Johnson, Leaverett, Magill, Ma haﬁey. Middleton, Mims, Moss, Nichols, Patterson, Pearman, Peuri— foy, Rainsford, Rankin, Rawlinson. Ready, Richardson, Russell, Tatum, Toole, Traylor, Tribble, Wade, W'alker, Webb, Wright, Youmans—46.

RECAPITULATION.

T otal number of Senators voting ...... , ..... 38 Total number of Members voting ...... 116

Grandtotal...... ; ...... 154 Necessary to a choice ...... '...... 78 Of which Mr. Woods received ...... 87 Of which Mr. Aldrich received ...... 67

Whereupon t he PRESIDENT of the Senate declared that Mr. Chas. A. Woods, having received a majority of the votes given, was elected Associate Justice of the Supreme Court to serve the unex pired term of the Hon. Y. J. Pope, resigned. ‘

REASONOR F NOT VOTING.

Mr. B OMAR who would vote for Mr. Woods is paired with Mr. Cooper, who would vote for Mr. Aldrich if he were present.

FELECTION O CODE COMMISSIONER.

The P RESIDENT of the Senate announced that nominations for Code Commisis-oner to serve the unexpired term of W. H. Townsend, Esq, were in order. ' The P RESIDENT appointed as tellers on the part of the Senate Messrs. Raysor and Herndon. The S PEAKER appointed as tellers on the part of the House of Representatives Messrs. Morgan, Pollock and Williams. Senator H ARDIN nominated Mr. J. C. McClure, of Chester. 168 J OURNAL or THE SENATE,

Mr. B RICE seconded the nomination. - Mr. K IBLER nominated Mr. F. H. Dominick, of Newberry. Mr. D ENNIS seconded the nomination: Senator M ANNING nominated Mr. Edgar C. Haynesworth, of Sumter. Senator M auldin seconded the nomination. Senator M ARSHALL nominated Mr. Wm. Elliott, Jr., of Rich land. Mr. C OLCOCK seconded the nomination. TheCIerk o f the Senate called the roll of the Senate, and the Sen ators voted viva voce as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Gaines, Hardin, Hay, Hood, Hough, McIver, Peurifoy—Io. The f ollowing named Senators voted for Mr. Dominick: Messrs. D ennis, Forrest. Goodwin, Herndon, Johnson, Mower, Sharpe—7. The f ollowing named Senators voted for Mr. Haynesworth: Messrs. C arpenter, Davis, Manning, McCall. McLeod. G. W. Ragsdale, J. W. Ragsdale, Stackhouse—S. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, D0uglass, Marshall, McDermott, Raysor, Shep pard, Stanland, Talbird, Walker, Warren—10. The C lerk of the House of Representatives called the roll of the House, and the members voted '0an you: as their names were called. The f ollowing named members voted for Mr. McClure: Messrs. B arron, Beamguard, Brown, Ford, Gaston, Hill, Hinton, Humphrey, Johnson, Kirby, Lancaster, Little, Logan, McCain, Mor gan, Parnell, Peurifoy, Pollock, Potts, Sarratt, Strong, Traylor, Wil liams, Wise—24. The f ollowing named Members voted for Mr. Dominick: Messrs. A ull, Banks, Bennett. Blake, Blackwood, Bomar, Bunch, Callison, Carwile, Davis, Dennis, DeVore, Donnald, Dorroh, Eﬁrd, Gause, Holman, Jarnegan, Kibler Leverett, Magill, Mahaffey, Nichols, Rainsford, Rankin, Richards, Russell, Tatum, Toole, Towill, Wade, Walker, l/Vall, Webb, Wright—35. The f ollowing named Members voted for Mr. Haynesworth: Messrs. B ass, Bates, Clifton, Coggeshall, Culler, DeBruhl, Des Champs, Fraser, D. O. Herbert. Irby, James, Kelley, King, Laney, Lanham, Lesesne, Lide, LOfton, Lyles, Mauldin. Moses, Richardson, Stackhouse, Stuckey, Wingo-—-25. \VEDNESDAY, J ANUARY 28, 1903. 169

The f ollowing named Members voted for Mr. Elliott: Hon.. M L. Smith, Speaker, and Messrs. Bailey, Baker, Brooks, Carey, Colcock, Doar, Dowling, Doyle, Glover, Gourdin, Harrellson, Haskell, J. E. Herbert, McColl, McMaster, Middleton, Mims, Moss, Patterson, Pearman, Pyatt, Rawlinson, Ready, Seabrook, Sinkler, Jeremiah Smith, Thomas, Tribble, Whaley. W'ingard, Youmans—32.

RECAPITULATION.

Total n umber of Senators voting ...... 35 Total number of Members voting ...... 116

Grand t otal ...... 151 Necessary to a choice ...... 76 Of which Mr. McClure received ...... 34 Of which Mr. Dominick received ...... _42 Of which Mr. Haynesworth received ...... 33 Of which Mr. Elliott received ...... 32 VVhereupon t he PRESIDENT of the-Senate announced‘that there had been no election and ordered another ballot.

SECOND B ALLOT FOR CODE COMMISSIONER.

The P RESIDENT of the Senate appointed as tellers on the part of the Senate Messrs. Hood and Peurifoy. The S PEAKER of the House appointed as tellers on the part of the House Messrs. Morgan, Williams and Pollock. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted viva pace as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Gaines, Hardin, Hay, Hood, Hough, McIver, Peurifoy—Io. The f ollowing named Senators voted for Mr. Dominick: Messrs. D ennis, Forrest, Goodwin, Herndon, Johnson, Mower, von Kolnitz—7. The f ollowing named Senators voted for Mr. Haynesworth : Messrs. C arpenter, Davis, Manning, McCall, McLeod, G. W. Ragsdale, J. W. Ragsdale, Stackhouse—8. The f ollowing named Senators voted for Mr. Elliott: 170 J OURNAL OF THE SENATE,

Messrs. B lake, Douglass, Marshall, Mayﬁeld, McDermott, Raysor, Sharpe, Sheppard, Stanland, Talbird, Walker, Warren—12. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called: The f ollowing named members voted for Mr. McClure: .Hon. M L. Smith, Speaker, and Messrs. Barron, Bates, Beam guard, Brown, Ford, Gaston, Hinton, Humphrey, Johnson, Kirby, Lancaster, Little, McCain, Mace, Morgan, Parnell, Peurifoy, Pollock, Potts, Richards, Sarratt, Strong, Traylor, Williams, Wise—26. The f ollowing named members voted for Mr. Dominick: Messrs. A ull, Banks, Bennett, Black, Blackwood, Bomar, Callison, _ Carwile, Davis, Dennis, DeVore, Donnald, Dorroh, Dowling, Eﬁrd, Gause, Haile, Holman, Jarnegan, Kibler, Leverett, Magill, Mahaf fey, Nichols, Rainsford, Rankin, Russell, Tatum, \Valker, Wall, Wright-31. The f olloWing named members voted fOr Mr. Haynesworth: Messrs. B ass, Bunch, Clifton, Coggeshall, Culler, DeBruhl, Des Champs, Fraser, D. O. Herbert, Irby, James, Kelley, King, Laney, Lanham, Lesesne, Lide, Lofton, Lyles, Mauldin, Moses, Richardson, Stackhouse, Stuckey, Toole, Towill, VVingo—27. The f ollowing named members voted for Mr. Elliott: Messrs.' B ailey, Baker, Brooks, Carey, Colcock, Doar, Doyle, Glover, Gourdin, Harrellson, Haskell, E. Herbert, Hill, McColl, McMaster, Middleton, Minis, Moss, Patterson, Pearrnan, Pyatt, Rawlinson, Ready, Seabrook, Sinkler, Jeremiah Smith, Thomas, Tribble, \Vhaley, Wingard, YounIans—3I.

RECAPITULATION. Total n umber of Senators voting ...... 37 Total number of Members voting ...... , ...... 115

Grand t otal ...... 152

Necessary to a choice ...... 77 Of which Mr. McClure received ...... 36 Of which Mr. Dominick received ...... 38 Of which Mr. Haynesworth receivedl ...... 35 Of which Mr. Elliott received ...... 43

\Vhereupon t he PRESIDENT of the Senate announced that there was no election and the Joint Assembly proceeded to a WEDNESDAY. J ANUARY 28, 1903. 171

THIRD B ALLOT FOR CODE COMMISSIONER. The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted viva voce as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Gaines, Hardin, Hay, Hood, Hough, McIver, Peurifoy—Io. The f ollowing named Senators voted for Mr. Dominick: Messrs. D ennis, Forrest, Goodwin, Herndon, Johnson, Mower, von Kolnitz—7. The f ollowing named Senators voted for Mr. Haynesworth: Messrs. C arpenter, Davis, Manning, McCall, McLeod, G. \IV. Ragsdale. J. W. Ragsdale, Stackhouse—8. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Douglass, Marshall, Mayﬁeld, McDermott, Raysor, Sharpe, Sheppard, Stanland, Talbird, Walker, VVai-ren—Iz. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. The f ollowing named members voted for Mr. McClure: .Hon. M L. Smith, Speaker, and Messrs. Barron, Bates, Beam guard, Bomar, Brown, Donnald, Ford, Gaston, Hinton, Humphrey, Johnson, Kirby, Lancaster, Laney, Little, Logan, McCain, Mace, Morgan, Parnell, Peurifoy, Pollock, Potts, Richards, Sarratt, Strong, Traylor, Williams, Wise—30. The f ollowing named members voted for Mr. Dominick: Messrs. A ull, Banks, Bennett, Black, Blackwood, Bunch, Callison, Davis, Dennis, DeV ore, Dorroh, Haile, Holman, Jarnegan, Kibler, Magill, Mahaffey, Nichols, Rainsford, Rankin, Russell, Tatum, Walker, \Vall, Wright—25. The f ollowing named members voted for Mr. Haynesworth: ' Messrs. B ass, Clifton, Coggeshall, Culler, DeBruhl, DesChamps, Fraser, Gause, D. O. Herbert, Irby, James, Kelley, King, Lanham, Lesesne, Lide, Lofton, Lyles, Mauldin, Moses, Richardson, Stack house, Stuckey, Toole, Towill, \Vingo—26. The f ollowing named members voted for Mr. Elliott: Messrs. B ailey, Baker, Brooks, Carwile, Colcock, Doar, Dowling, Doyle, Eﬁrd, Glover, Gourdin, Harrellson, Haskell, J. E. Herbert, Hill, Leverett, McColl, McMaster, Middleton, Mims, Moss, Pear man, Pyatt, Rawlinson, Ready, Seabrook, Sinkler, Jeremiah Smith, Thomas, Webb, Whaley, W ingard, Youmans—33. 172 J OURNAL OF THE SENATE,

RECAPITULATION. Total n umber of Senators voting ...... 37 Total number of Members voting ...... 114

Grand t otal ...... 151 Necessary to a 'choice ...... 76 Of which Mr. McClure received ...... 40 Of which Mr. Dominick received ...... 32 Of which Mr. Haynesworth received ...... 34 Of which Mr. Elliott received ...... 45

Whereupon t he PRESIDENT of the Senate declared that there was no election, and the Joint Assembly proceeded to a

FOURTH B ALLOT FOR CODE COMMISSIONER.

The s ame tellerswere appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen— ators voted viva voce as their names were called. The f ollowing named Senators voted for Mr. McClure: I Messrs. B rice, Brown, Butler, Gaines, Hardin, Hay, Hood, Hough, McIver, Peurifoy—Io. V The f ollowing named Senators voted for Mr. Dominick: Messrs. D ennis, Forrest, Goodwin, Herndon, Johnson, Mower—6. The f ollowing named Senators voted for Mr. Haynesworth: Messrs. Carpenter, Davis, Manning, McCall, McLeod, J. W. Ragsdale, S tackhouse, von Kolnitz—8. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Douglass, Marshall, Mayﬁeld, McDermott, G. W. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, Walker, Warren—I3. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. Those v oting for Mr. McClure are: .Hon. M L. Smith, Speaker, and Messrs. Barron, Bates, Beam guard, Bomar, Brown, Calison, Donnald, Ford, Gaston, Hinton, Humphrey, Johnson, Kirby, Lancascter, Laney, Little, McCain, Mace. Morgan, Parnell, Peurifoy, Pollock, Potts, Richard‘s, Sarratt, Strong, Traylor, Williams, Wise-—30. WEDNESDAY, J ANUARY 28, 1903. 173

Those v oting for Mr. Dominick are: Messrs. A ull, Black, Blackwood, Davis, Dennis, Dorroh, Haile, Holman, Jarnegan, Kibler, Magill, Mahaﬁey, Nichols, Rankin, Rus sell, Walker, Wall—I7. Those v oting for Mr. Haynesworth are: Messrs. B ass, Bunch, Carwile, Clifton, Coggeshall, Culler, De Bru‘hl, DesChamps, Fraser, Gause, D. 0. Herbert, Irby, James, King, Lanham, Lesesne, Lide, Lofton, Lyles, Mauldin, Moses, Rich ardson, Stackhouse, Stuckey, Toole, Wingo—26. Those v oting for Mr. Elliott are: Messrs. B ailey, Baker, Bennett, Brooks, Colcock, DeVore, Doar, Dowling, Doyle, Eﬁrd, Glover, Gourdin, Harrellson, Haskell, J. E. Herbert, Hill, McColl, Jr., McMaster, Middleton, Mims, Moss, Patterson, Pearman, Pyatt, Rainsford, Rawlinson, Ready, Seabrook, Sinkler, Jeremiah Smith, Thomas, Towill, Webb, Whaley, Wingard, Wright, Youmans—37. RECAPITULATION. Total n umber of Senators voting ...... 37 Total number of Members voting ...... III

Grand t otal ...... I48

Necessary to a choice ...... 75 Of which Mr. McClure received ...... 40 Of which Mr. Dominick received ...... 24 Of which Mr. Haynesworth received ...... 34 Of which Mr. Elliott received ...... 50 Whereupon t he PRESIDENT announced that there was no elec tion, a nd the Joint Assembly proceeded to a

FIFTH B ALLOT FOR CODE COMMISSIONER. The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted viva voce as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Gaines, Hardin, Hay, Hood, Hough, McIver, Peurifoy—Io. 174 J OURNAL OF THE SENATE, The f ollowing named Senators voted for Mr. Dominick: Messrs. G oodwin, Johnson, Mower—3. The f ollowing named Senators voted for Mr. Haynesworth: Messrs. D avis, Dennis, Manning, McCall, McLeod, W. Rags dale, von Kolnitz—7. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Douglass, Forrest, Marshall, Mayﬁeld, McDer mott, G. W. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, Warren—13. The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. Those v oting for Mr. McClure are: .Hon. M L. Smith, Speaker, and Messrs. Barron, Bates, Beam guard, Blackwood, Bomar, Brown, Callison, Donnald, Ford, Gaston, Hinton, Humphrey, Kirby, Lancaster, Laney, Little, Logan, Mc Cain, Mace, Morgan, Nichols, Parnell, Peurifoy, Pollock, Potts, Richards, Russell, Sarratt, Strong, Traylor, Williams, Wise—33. Those v oting for Mr. Dominick are: Messrs. A ull, Banks, Black, Dorroh, Haile, Holman, Jarnegan, Kibler, Magill, Mahaifey, Tatum, VValker—Iz. Those v oting for Mr. Haynesworth are: Messrs. B ass, Carwile, Clifton, Coggeshall, Cooper, Culler, De Bruhl, Dennis, DesChamps,Fraser,Gause, Irby, James, Kelley, King, Lanham, Lide, Lofton, Lyles, Mauldin, Mos-es, Richardson, Stack house, Stuckey, T oole, Towill—26. Those v oting for Mr. Elliott are: Messrs. B ailey, Baker, Bennett, Brooks, Bunch, Carey, Colcock, Davis, DeVore, Doar, Dowling, Doyle, Eﬁrd, Glover, Gourdin, Harrellson, Haskell, D. O. Herbert, J. E. Herbert, Hill, Leverett, McColl, Jr., McMaster, Middleton, Mims, Moss, Patterson, Pear man, Pyatt, Rainsford, Rankin, Rawlinson, Ready, Seabrook, Sink ler, Jeremiah Smith, Tribble, \Vebb, VVhaley, Wingard, Wingo, Wright, Youmans—43.

REASONOR F NOT VOTING.

I d id not vote because I was paired with Mr. Thomas. He would have voted for Elliott; I would have voted for Haynesworth. J.. H LESESNE. ' WEDNESDAY, J ANUARY 28, 1903. 175 RECAPITULATION.

Total n umber of Senators voting ...... 33 Total number of Members voting ...... 114

Grand t otal ...... 147

Necessary to a choice ...... 74 Of which Mr. McClure received ...... 43 or which Mr. Dominick received ...... 15 Of which Mr. Haynesworth received ...... 33 Of which Mr. Elliott received ...... 56

The P RESIDENT of the Senate declared that there was no elec tion. ' Mr. KIBLER withdrew the name of F. H. Dominick, Esq., as a candidate. The Joint Assembly proceeded to a

SIXTH B ALLOT FOR CODE COMMISSIONER.

The s ame tellers were appointed on the part of the Senate and the House of Representatives. The C lerk of the Senate called the roll of the Senate, and the Sen ators voted 'w'e'a 'UOCL’ as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Dennis, Gaines, Hardin, Hay, Hood, Hough, Mower, Peurifoy—11.' The f ollowing named Senators voted for Mr. Haynesworth: Messrs. C arpenter, Davis, Goodwin, Johnson, Manning, McCall, McLeod, J. W. Ragsdale, von Kolnitz—g. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Douglass, Forrest, Herndon, Marshall, Mayﬁeld, McDermott, Raysor, Sharpe, Sheppard, Stanland, Talbird, Walker—— 13. ' T he Clerk of the House of Representatives called the roll of the House, and the members voted viva 'voce as their names were called. The f ollowing named members voted for Mr. McClure: Hon.. M L. Smith, Speaker, and Messrs. Banks, Barron, Bates, Beamguard, Blackwood, Bomar, Brown, Callison, Carwile, Culler, Donnald, Ford, Gaston, Haile, Hinton, Humphrey, Johnson, Kirby, Lancaster, Laney, Little, Logan, McCain, Mace, Magill, Mahaffey, 176 J OURNAL OF THE SENATE.

Morgan, N ichols, Parnell, Peurifoy, Pollock, Potts, Richards, S_ar ratt, Strong, Traylor, Williams, VVise—39. The f ollowing named members voted for Mr. Haynesworth: Messrs. A ull, Bass, Bunch, Clifton, Coggeshall', Cooper, DeBruhl, Dennis, DesChamps, Fraser, Gause, Irby, James, Jarnegan, Kelley, Kibler, King, Lanham, Lesesne, Lide, Lofton, Lyles, Mauldin, Moses, Richardson, Russell, Stackhouse, Stuckey, Toole, Walker, Wall, \Ningo—32. The f ollowing named members voted for Mr. Elliott: Messrs. B ailey, Bennett, Black, Brooks, Carey, Colcock, Davis, DeVore, Doar, Dorroh, Dowling, Doyle, Eﬁrd, Glover, Gourdin, Harrelson, Haskell, D. 0. Herbert, J. E. Herbert, Hill, Leverett, McColl, Jr., McMaster, Middleton, Mims, Moss, Patterson, Pear man, Pyatt, Rainsford, Rankin, Rawlinson, Ready, Seabrook, Sink ler, Jeremiah Smith, Tatum, Tribble, Webb, Whaley, Wingard, Wright, Youmans—IB.

RECAPITULATION. Total n umber of Senators voting ...... 33 Total number of Members voting ...... 114

Grand t otal ...... ’ ...... 147

Necessary to a choice ...... 74 Of which Mr. McClure received ...... 50 Of which Mr. Haynesworth received ...... 41 Of which Mr. Elliott received ...... 56

\Nhereupon t he PRESIDENT of the Senate declared there was no' election. At 2 .45 o’clock P. M., the PRESIDENT announced a recess until 8 o’clock P. M., as provided by Concurrent Resolution No. 118, and the Senate returned in a body to its chamber. ‘

RECESS.

The S enate reassembled at 7.55 o'clock P. M. and was called to order by the PRESIDENT, and at 8 o’clock P. M. proceeded to the Hall of the House of Representatives. WEDNESDAY, J ANUARY 28, 1903. 177 JOINT A SSEMBLY. UNFINISHED B USINESS—ELECTION OF CODE COMMIS SIONER.

The P RESIDENT of the Senate called the Joint Assembly to order. SEVENTH B ALLOT. The P RESIDENT appointed as tellers on the part of the Senate Messrs. Brice and Walker. The S PEAKER appointed as tellers on the part of the House of Representatives Messrs. Irby, Glover and Rainsford. The C lerk of the Senate called the roll of the Senate, and the Senators voted viva were as their names were called: The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Gaines, Goodwin, Hardin, Hay, Hood, Hough, McIver, Mower, Peurifoy—12. ' The f ollowing named Senators voted for Mr. Haynesworth: Messrs. C arpenter, Davis, Johnson, Manning, McCall, McLeod, J. W..Ragsdale, Stackhouse—S. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Dennis, Douglass, Forrest, Herndon, Marshall, Mayﬁeld, McDermott, Raysor, Sharpe, Stanland, Talbird, \Nalker, Warren—14. . The C lerk of the House of Representatives called the roll of the House, and the members voted viva 'voce as their names were called. Those v oting for Mr. McClure are: Hon.. M L. Smith, Speaker, and Messrs. Banks, Bates, Beam guard, Blackwood, Bomar, Brown, Callison, Donnald, Dorroh, Ford, Gaston, Gause, Haile, Hinton, Humphrey, Kirby, Lancaster, Laney, Little, McCain,'l\'Iagill, Morgan, Nichols, Parnell, Peurifoy, Pollock, Potts, Richards, Sarratt, Strong, Williams, Wingo, Wise—3i. Those w ho voted for Mr. Haynesworth are: Messrs. A ull, Bunch, Clifton, Coggeshall, Cooper, Culler, De Bruhl, DesChamps, Fraser, D. O. Herbert, Holman, Irby, James, Jarnegan, Kelley, Kibler, King, Lanham, Lesesne, Lide, Lofton, Lyles, Moses, Richardson, Stackhouse, Stuckey, Toole—27. Those w ho voted for Mr. Elliott are: Messrs. B ailey, Baker, Bennett, Black, Brooks. Carey, Carwile, Colcock, Davis, Dennis, DeV ore, Doar, Dowling, Doyle, Eﬁrd, Glover, Gourdin, Haskell, Hill, Leverett, McMaster, Mahaffey, Mid 178 J OURNAL OF THE SENATE.

dleton, M ims, Moss, Patterson, Pearman, Pyatt, Rainsford, Rankin, Rawlinson, Ready, Russell, Seabrook, Sinkler, Jeremiah Smith, W. C. Smith, Tatum, Thomas, T ribble, Walker, Wall, Webb, Whaley, Wingard, Wright, Youmans—I’Y.

RECAPITULATION. Total n umber of Senators voting ...... I ...... 34 Total number of Members voting ...... 108

Grand total ...... 142 Majority ...... 72 Of which Mr. McClure received ...... 46 .f O which Mr. Haynesworth received ...... 35 Of which Mr. Elliott received ...... 61

REASONOR F NOT VOTING.

Mr. M cColl, Jr., is paired with Mr. Logan. Mr. McColl., Jr., would vote for Elliott, and Mr. Logan, if present, would vote for McClure. Whereupon t he PRESIDENT of the Senate announced that there was no election. _ Senator M ANNING withdrew the name of Mr. Edgar C. Haynes— worth as a candidate.

EIGHTH B ALLOT.

The s ame tellers were appointed on the part of the Senate and the House of Representatives. ' The C lerk of the Senate called the roll of the Senate, and the Senators voted viva once as their names were called. The f ollowing named Senators voted for Mr. McClure: Messrs. B rice, Brown, Butler, Carpenter, Davis, Gaines, Goodwin, Hardin, Hay, Hood, Hough, Johnson, Manning, McCall, McIver, Mower. Peurifoy, Stackhouse, von Kolnitz—19. The f ollowing named Senators voted for Mr. Elliott: Messrs. B lake, Dennis, Douglass, Forrest, Herndon, Marshall, Mayfield, McDermott, J. W. Ragsdale, Raysor, Sharpe, Stanland, Talbird, Walker, Warren—~15. WEDNESDAY, J ANUARY 28, 1903. 179 The C lerk of the House of Representatives called the roll of the House, and the members voted viva voce as their names were called. Those v oting for'Mr. McClure are: Messrs. B anks, Barron, Bates, Beamguard, Blackwood, Bomar, Brown, Bunch, Callison, Clifton, Coggeshall, Cooper, Culler, De Bruhl, DesChamps, Ford, Fraser, Gaston, Gause, Haile, Hinton, Holman, Humphrey, Irby, James, Jarnegan, Kelley, Kibler, King, Kirby, Lancaster, Laney, Little, Lyles, McCain, Magill, Mauldin, Morgan, Nichols, Parnell, Peurifoy, Pollock, Potts, Richards. Rich ardson, Sarratt, Stackhouse, Strong, Wall, Williams, Wingo, Wise —52. Those v oting for Mr. Elliott are: Hon.. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Bennett. Black, Brooks, Carey, Carwile, Colcock, Davis, Dennis, DeVore, Doar, Donnald, Dowling, Doyle, Efird, Glover, Gourdin, Haskell, D. O. Herbert, J. E. Herbert, Lanham, Leverett, Lesesne, Lide, Lofton, McMaster, Mahafiey, Middleton, Mims, Moses, Moss, Patterson, Pearrnan, Pyatt, Rain-sford, Rankin, Rawlinson, Ready, Russell, Seabrook, Sinkler, Jeremiah Smith, W.' C. Smith, Stuckey,' Tatum, Thomas, Toole, Tribble, Walker, Webb, Whaley, Wingard, Wright, Youmans—58. '

RECAPITULATION. T otal number of Senators voting ...... 34 Total number of Members voting ...... 110

Grand total ...... 144 Necessary to a choice ...... 73 Of which Mr. McClure received ...... 71 Of which Mr. Elliott received ...... 73

Whereupon t he PRESIDENT announced that Mr. Wm. Elliott, Jr., having received a majority of the votes given in Joint Assem bly for Code Commissioner, was duly elected Code Commissioner for the unexpired term of W. H. Townsend, resigned.

ELECTIONF O ONE TRUSTEE OF SOUTH CAROLINA COLLEGE.

The P RESIDENT announced that the nevt business in order was the e lection of one Trustee of the South Carolina College. 13-s. J.—(500) 180 J OURNAL OF THE SENATE.

The P RESIDENT appointed Messrs. Johnson and McDermott tellers on the part of the Senate. ' The S PEAKER appointed Messrs. Patterson, McColl, Jr., and Bunch tellers on the part of the House. The P RESIDENT then announced that nominations were in order, whereupon Mr. T HOMAS nominated the Hon. J. J. McMahan, of Richland. Senator M ANNING seconded the nomination. The C lerk of the Senate called the roll of the Senate, and the Senators voted viva wee as their names were called. The f ollowing named Senators voted for Mr. McMahan: Messrs. B lake, Brice, Brown, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Johnson, Manning, Marshall, Mayfield, McCall, McDermott, McIver, Mower, Peurifoy, J. W'. Ragsdale, Raysor, Sharpe, Stack house, Stanland, Talbird, von Kolnitz, Walker—32. Senator M ayfield cast his vote for Mr. J. Q. Marshall. The C lerk of the House called the roll of the House, and the mem bers voted viva wee. as their names were called. The f ollowing named members voted for Mr. McMahan: Hon.. M L. Smith, Speaker, and Messrs. Aull, Bailey, Baker, Banks, Barron, Bates, Beamguard, Black, Blackwood, Bomar, Brooks, Brown, Bunch. Callison, Carey, Carwile, Clifton, Coggeshall, Colcock, Cooper, Culler, Davis, DeBruhl, Dennis, DeVore, Doar, Donnald, Dorroh, Dowling, Doyle, Efird, Ford, Fraser, Gaston, Gause, Glover, Gourdin, Haile, Haskell, D. 0. Herbert, J. E. Her bert, Hill, Hinton, Humphrey, Irby, James, Jarnegan, Kelley, Kibler, King, Kirby, Lancaster, Laney, Lanham, Leverett, Lesesne, Lide, Little, Lofton, Lyles, McCain, McColl, Jr., McMaster, Magill, Middleton, Mims, Morgan, Moses, Moss, Nichols, Parnell, Patter son, Pearman, Peurifoy, Pollock, Potts, Pyatt, Rainsford, Rankin, Rawlinson, Ready, Richards, Richardson, Russell, Sarratt, Sea brook, Sinkler, Jeremiah Smith, W. C. Smith, Stackhouse, Strong, Stuckey, Tatum, Thomas, Toole, Towill, Walker, Wall, Webb, Whaley, Williams, Wingard, VVingo, Wise, Wright, Youmans—107.

RECAPITULATION. T otal number of Senators voting ...... 33 Total number of Members voting ...... , ...... 107

Grand t otal ...... I40 THURSDAY, J ANUARY 29, 1903. 181 Of w hich Mr. McMahan received ...... 139 Of which Mr. J. Q. Marshall received. .. .I ...... 1

Whereupon t he PRESIDENT announced that the Hon. John McMahan, having received a majority of the whole vote given, was duly elected Trustee of the South Carolina College. The b usiness of the Joint Assembly having concluded, the PRESI DENT declared the Joint Assembly dissolved. The S enate returned to its Chamber. Mr. S HARPE moved that when the Senate adjourn, it stand ad journed to meet to—morrow morning at 1 1 o’clock. The m otion was adopted.

FLEAVE O ABSENCE.

Mr. B LAKE asked and obtained leave of absence for the Senator from Bamberg for to-morrow. At 9.30 o’clock P. M., the Senate adjourned.

Thursday, J anuary 29, 1903.

The S enate assembled at 11 o’clock A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. JOHNSON, the further reading of the Journal was dispensed with. REPORTSF O COMMITTEES. Mr. M ARSHALL, from the Committee on Commerce and Manu factures, submitted a favorable report, with amendments, on S. 2 1.——Mr. Goodwin: A Bill to create the office of Oil Inspector, prescribe the amount of his salary, to establish the fees for Inspector of Oils and to provide for the disposition of such fees. 182 J OURNAL OF THE SENATE,‘ Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Railroads and Inter nal Improvements, submitted a favorable report on S. 2 8.—Mr. J. W. Ragsdale: A Bill to regulate and fix the liability of railrod companies having a relief department to its employees. Ordered f or consideration to-morrow. Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report on S. 4 I.—-Mr. McIver: A Bill to amend Section 1880 of the Civil Code, Vol. 1, Code of 1902, so as to exclude tramways from its pro~ visions. Ordered f or consideration to-morrow. Mr. G AINES, from the Committee on Roads, Bridges and Fer ries, submitted a favorable report on S. 5 8.—Mr. Herndon: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of the State," approved 26th day of February, A. D. 1902. ’ Ordered f or consideration to-morrow. Mr. S HEPPARD, from the Committee on Privileges and Elec tions, submitted a favorable report, with amendments, on S. 6 1.—Mr. DOUGLASS : A Bill to provide for a voting precinct in each of the four wards in the town of Union. Ordered f or consideration to—morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted an unfavorable report on I S. 9 0.—Mr. Goodwin: A Bill to amend Section 357 of the Crimi nal Code, relating to witness labor contracts. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted an unfavorable report on S. 9 1.—Mr. Goodwin: A Bill to provide for the indexing of all written agricultural labor contracts. Ordered f or consideration to-morrow. , Mr. J OHNSON, from the Committee on Enrolled Bills, respect— fully reported that they have duly and carefully examined a Bill to provide for any deficiency in the drawing of grand juries for the year 1903, and find same correct, and recommend that it be ratified forth with. Received a s information. THURSDAY, J ANUARY 29. 1903. 183

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 26.—Mr. DOUGLASS: A Bill to incorporate the Union ' Manufacturing and Power Company. Read t he first time and referred to the Committee on Incorpora tions. S. 1 27.—Mr. HOOD: A Bill to authorize, ratify and confirm the rights and power of Joseph J. F retwell and his associates, and their successors and assigns, to construct dams across Seneca River, and the Tugaloo River and the Savannah River, to the Georgia line at Andersonville, McDonald’s Shoals, Stevenson’s Ledge, Tunny’s Shoals and Middelon’s Shoals, in Anderson County. Read t he first time and placed on the Calendar without reference. S. 1 28.—\Ir. MARSHALL: A Bill to authorize a consolidation of the property, franchises and other rights of the Columbia Gas Light Company and the Columbia Electric Street Railway, Light and Power Company. Read t he first time and referred to the Committee on Judiciary. S. 1 29.-—Mr. ALDRICH: A Bill to amend Section 3 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various counties of the State,” approved the 27th day of February, A. D. 1902, so as to increase the compen satiOn of the County Treasurers. Read t he first time and referred to the Committee on County Offi ces and Officers. S. 1 30.—Mr. MANNING: A Bill to amend Sections 1846 and 1929 of Volume 1, Civil Code of South Carolina, regulating annual meetings of corporations. Read t he first time and referred to the Committee on Incorpora tions. S. 1 31.—Mr. ALDRICH: A Bill to preserve the game, fish, shell fish and terrapin in and on the public lands and waters of the State, and to provide a revenue therefrom for the benefit of the citizens of the State. ' Read t he first time and referred to the Committee on Finance. S. 1 32.—l\lr. PEURIFOY: 'A Bill to amend Section 2122 of the Code of Laws of South Carolina (Civil Code, Volume I), in relation to the running of trains on Sunday. Read t he first time and referred to the Committee on Judiciary. 184 J OURNAL OF THE SENATE, PAPERS F ROM THE [HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: .H. R I33.—-Mr. Glover: A Bill to abolish the office of Phosphate Inspector and to devolve the duties heretofore imposed on him on the State Geologist. Read t he first time and referred to the Committee on Mines and Mining. H.. R 134.—Mr. : A Bill to provide five Magistrates to Bamberg County (instead of four as now provided by law). and to fix their salaries and that of their Constables. Read t he first time and referred to the Committee on Judiciary. MESSAGE N o. 7. In t he House of Representatives, Columbia, S. C., January 29, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it ac cepts your invitation to attend in the Senate Chamber at 12.30 P. M., this day, for the purpose of ratifying Acts. Very r espectfully,_ M.. L SMITH, Speaker of the House. Received as information. The S ergeant-at-Arms announced MESSAGE FROM THE GOVERNOR.

Message N o. 3 from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary. The Message was read as follows: Statef o South Carolina, Executive Chamber, Columbia, January 29, 1903. Gentlemen of the General Assembly: I h ave the honor to inform you that Hon. Chas. A. Woods has this day tendered his resignation as a Trustee of Winthrop College to take effect immediately, and the same has been duly accepted. Very r espectfully, D. C. HEYWARD, Governor. Received as information. THURSDAY, J ANUARY 29, 1903. 185

RESOLUTION.

Mr.ON V KOLNITZ:

Resolved, T hat the Honorable the Speaker and members of the House of Representatives be invited to attend in the Senate Chamber this day, at 12.30 P. M., for the purpose of ratifying Acts.

Upon i mmediate consideration, the Resolution was adopted, and an invitation sent to the House of Representatives accordingly.

RATIFICATION O F ACT.

.‘At 1 2.30 o’clock P. M., the House attended in the Senate Cham ber, when the following Act was duly ratiﬁed: S. 10.—Mr. von Kolnitz: An Act to provide for any deﬁciency in the drawing of grand juries for the year 1903.

SPECIAL O RDER FOR THURSDAY, JANUARY 29TH, IM MEDIATELY AFTER THE MORNING HOUR.

S. 3 .-—Mr. Marshall: A Bill to regulate the employment of chil dren in factories, mines and manufacturing establishments in this State. The B ill was read the third time. Mr. B UTLER proposed the following amendment, as an addi tional Section: Section 8 . That all able-bodied fathers who get their main means of support from the earnings of their children working in any fac tory, mine or textile manufacturing establishment, upon proper evi dence to that effect before any Court of competent jurisdiction, shall be adjudged vagrants and punished accordingly by such Court; and all Superintendents, Treasurers or other officers of such establish ments to whom such facts are known, be, and they are hereby, re— quired to report and inform against such fathers, and to testify truth— fully thereto whenever required by any such Court; and in case of a wilful neglect or failure to so report any such facts, or to so testify, such officer shall be guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than one hundred dollars or suf— fer imprisonment for not more than thirty days. Change S ection 8 to Section 9. Mr. M ARSHALL moved to indefinitely postpone the amendment. After d ebate by Mr. BUTLER, 186 J OURNAL OF THE SENATE. The q uestion was taken on agreeing to the motion of the Senator from Richland, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Davis, Forrest, Gaines, Har din, Hay, Hydrick, Manning, Marshall, McCall, McDermott, Mc— Iver, Mower, Peurifoy, G. W. Ragsdale, Raysor, Sharpe, Sheppard, Talbird, von Kolnitz, Warren—24. _ Nays—Messrs. A ldrich. Butler, Carpenter, Dennis, Douglass, Herndon, Hough, Johnson, McLeod, J. W. Ragsdale, Stackhouse, Stanland, Walker—13. So t he motion was adopted and the amend-ment indefinitely post poned. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?" it was decided in the affirmative. S. 8 .—\Ir. Raysor: A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in each year. The B ill was read the second time. The p ending question being the motion of the Senator from York to strike out the enacting words of the Bill. After d ebate by Messrs. RAYSOR, WARREN, BLAKE, HOUGH, SHEPPARD, SHARPE. GOODWIN, JOHNSON and J. W. RAGSDALE, The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice. Brown, Davis, Dennis. Gaines, Goodwin, Hardin, Hay, Hood, Hough, McIver, Mower, G. W. Ragsdale, Stan land, Talbird, Walker, VVarren—17. Nays—Messrs. A ldrich, Blake, Butler, Carpenter, Douglass, For rest, Herndon, Hydrick, Johnson, Manning, Marshall, McCall, Mc Dermott, McLeod. Peurifoy, J. W. Ragsdale, Raysor, Sharpe, Shep pard, Stackhouse, von Kolnitz—21. So t he motion was lost. Mr. S HEPPARD proposed the following amendment: Strike o ut in lines 2 and 3 the words “or imprisonment in the County jail for not less than two days, nor more than thirty.‘y The q uestion was taken on agreeing to the motion of the Senator from Edgefield, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice, Brown, Davis, Dennis, Forrest, Gaines, THURSDAY, J ANUARY 29, 1903. 187

Goodwin, H ardin, Hood, Hough, McIver, McLeod, Mower, Peuri foy, G. W. Ragsdale, Sheppard, T albird, von Kolnitz, Walker, War ren—zo. Nays—Messrs. A ldrich, Blake, Butler, Carpenter, Douglass, Hay, Herndon, Hydrick, Johnson, Manning, Marshall, McCall, McDer mott, J. W. Ragsdale, Raysor, Sharpe, Stackhouse—17. o. S the amendment was adopted. Mr. M ANNING offered as an amendment: Sec., 1 line 6, by striking out “fourteen” and inserting in _lieu therefor “twelve.” The a mendment was agreed to. There b eing no further amendment, the question was put, “Whether this Bill shall be engrossed and read a third time P" and decided in the affirmative. S. 2 9.—-Mr. Warren: A Joint Resolution proposing to amend Sec tion 9, of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. The J oint Resolution was read the third time. On m otion of Mr. ALDRICH, all after the enacting words were stricken out and the following inserted in lieu thereof: Section I . That the following amendment to the Constitutibn of the State of South Carolina be submitted to the qualified electors of the State at the next general election for Representatives, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment, and a majority of each branch of the General Assembly shall, after such election, and before another, ratify the same amendment by yeas and nays, Section 9, of Article III., of the Constitution, relating to the legislative department, be amended by adding after the word “place,” in line ten of said Section, the words, “until the end of the session occurring in 1906, after which the said sessions shall be held at the same time and place biennially;” so that said Section as amended shall read as follows: The a nnual session of the General Assembly heretofore elected, fixed by the Constitution of the year 1868 to convene on the fourth Tuesday of November, in the year 1895, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January in_the year 1896. The fi rst session of the General Assembly elected under this Con stitution shall convene in Columbia on the second Tuesday in Janu ary, in the year 1897, and thereafter annually at the same time and 188 J OURNAL OF THE SENATE, place u ntil the end of the session occurring in 1906, after which the said sessions shall be held at the same time and place biennially. Should t he casualties of war or contagious diseases render it un safe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meet— ing. Members of the General Assembly shall not receive any com pensation for more than forty days of any one session: Provided, That this limitation shall not affect the first four sessions of the Gen eral Assembly under this Constitution. Sec.. 2 That the question of adopting the amendment prefaced in the foregoing Section shall be submitted to the electors as follows: Those in favor of the amendment shall deposit a ballot with the fol lowing words plainly printed or written thereon: “Constitutional amendment to Section 9, Of Article III., of the State Constitution,” adding after the word “place,” in line ten of said Section, the words, “until the end of the session occurring in 1906, after which the said sessions shall be held at the same time and place biennially—Yes.” Those o pposed to said amendment shall cast a ballot with the fol lowing words plainly printed or written thereon: “Constitutional amendment to Section 9, of Article III., of the State Constitution,” adding after the word “place,” in line ten of said Section, the words “until the end of the session occurring in 1906. after which the said sessions shall be held at the same time and place biennially—No.” The q uestion was taken on agreeing'to the passage of the Joint Resolution, on which the yeas and nays were taken, resulting as fol lows: Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Gaines, Hardin, Herndon, Hood, Hydrick, Johnson, Manning, McDermott, McIver, McLeod, Peuri foy, G. W. Ragsdale, J. W. Ragsdale, Raysor. Sharpe, Sheppard, Stanland, Walker, Warren—29. Nays—Messrs. H ay, Hough, Marshall, Mower, Talbird, von Kolnitz—6. The r equisite two—thirds vote, as provided by the Constiution, being obtained, the Joint Resolution was passed and sent to the House of Representatives. S. 3 0.—Mr. Raysor: A Joint Resolution to amend Section 9, of Article III., of the State Constitution, so as to provide for biennial Sessions of the General Assembly. On m otion of Mr. SHEPPARD, the Joint Resolution was laid upon the table. THURSDAY, J ANUARY 29, 1903. 189

GENERAL O RDERS.

THIRD READING BILLS.

S. 6 .—~Mr. Dean: A Bill relating to the powers of manufacturing corporations. The Bill was read the third time, passed and ordered sent to the Housef o _Representatives.

SECOND R EADING BILLS.

Mr. M ARSHALL asked and obtained the consent of the Senate to take up out of its order, .H. R 95.——Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the State Printer and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the pub lic printing. . On m otion of Mr. MONVER, the Joint Resolution was referred to the Committee on Printing. Senate to Mr. H OUGH take up askedout of and its order, obtained the unanimous I consent of the

S. 6 2.—Mr. Hough: A Joint Resolution to require the Treasurer of Lancaster County to refund to J. B. Langley certain taxes. The J oint Resolution and Substitute was read the second time. On m otion of Mr. HOUGH, the Substitute was adopted. Ordered p laced on the Calendar for a third reading. S. 2 6.——Mr. Stanland: A Bill to prevent the sale or keeping for sale any toy pistols, or caps or cartridges for same. On m otion of Mr. STANLAND, the majority report was laid upon the table. I The B ill was read. Mr.. W RAGSDALE moved to indeﬁnitely postpone the Bill. After d ebate by Mr. VON KOLNITZ, pending further considera tion, on motion of Mr. SHEPPARD, the Senate, at 2.05 o’clock P. M., receded from business until 8 o’clock P. M. 190 J OURNAL OF THE SENATE,

RECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT.

REPORTSF O COMMITTEES.

Mr. M OWER, from the Committee on Judiciary, submitted a spe~ cial report on S. 2 .—Mr. Gaines: A Bill to regulate the traffic in seed cotton and unpacked lint cotton. Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Railroads and Internal Improvements, submitted an unfavorable report on S. 2 3.—Mr. Stackhouse: A Bill to amend Section 2066 of the Civil Code (Code of Laws, 1902), so as to repeal the provision re quiring railroads, express and telegraph companies to pay the ex penses, including salaries and salary of Clerk of the Railroad Com missioners, but retaining the provision for their free transportation. Ordered f or consideration to-morrow. Mr. \ VALKER, from the Committee on County Offices and Offi cers, submitted a favorable report on H.. R 7o.—Mr. Cooper: A Bill to provide for reindexing the pub licI records in the office of the Clerk of Court for Laurens County. Ordered f or consideration to—morrow. I Mr. W ALKER, from the Committee on County Offices and Offi cers, submitted an unfavorable report on S. 8 0.~—Mr. Dennis: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved February 27th, 1902. Ordered f or consideration to-morrow. Mr. , f rom the Committee on , sub mitted a favorable report on S. 8 1.——Mr. McLeod: A Bill to fix salaries for County officers of Lee County. ' Ordered f or consideration to-morrow. Mr. D AVIS, from the Committee on Printing, submitted a favor~ able report on .H. R 95.—Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the THURSDAY, J ANUARY 29, 1903. 191

State P rinter and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the pub lic printing. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted an unfavorable majority report and a favorable minority report on .H. R 109.——\Ir. Toole: A Bill to protect ﬁsh by the regulation of the sale of dynamite and other similar explosives. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 1 20.-—Mr. Mower: A Bill to authorize County Treasurers to pay the exchange, expenses or other charges for forwarding moneys to the State Treasurer. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 1 21.—Mr. Gaines: A Bill to require banks having on deposit State funds to render to the State Treasurer at designated times statements, showing balances on hand to credit of the State. Ordered f or consideration to-morrow. Mr. M O\VER, from the Committee on Finance, submitted a fa vorable report on S. 1 23.—Mr. Mower: A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the ﬁscal years commencing November Ist, 1872, to and including the year com mencing November 1st, 1881. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report, with amendments, on S. 1 24.—Mr. von Kolnitz: A Bill to amend Section 2122 of the ' Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. - Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a report on S. 1 32.—Mr. Peurifoy: A Bill to amend Section 2122 of the Code of Laws of South Carolina (Civil Code, Vol. I), in relation to the running of trains on Sunday, Recommending t hat the same be laid upon the table. Upon i mmediate consideration the report was adopted. 192 J OURNAL OF THE SENATE,

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 35.—Mr. ALDRICH: A Bill to regulate the itinerant traffic in horses and to 'prevent the spread of disease. Read t he first time and referred to the Committee on Judiciary. S. 1 36.——Mr. CARPENTER: A Bill to authorize and empower the Trustees of the School Districtof Easley to order an election and to issue coupon bonds of said school district for school purposes. Read t he first time and referred to the Committee on Education. S. 1 37.-—-Mr. McIVER: A Bill to authorize the Receiver of the President, Directors and Company of the State Bank or his succes— sor to sue the State to establish his right to certain State bonds claimed to have been lost or destroyed. Read t he first time and referred to the Committee on Judiciary. S. 1 38.-—Mr. MCLEOD: A Joint Resolution to provide for a spe— cial assessment of real property in Lee County. Read t he first time and referred to the Committee on Finance.

GENERAL O RDERS.

SECOND READING BILLS.

S. 2 6.—Mr. Stanland: A Bill to prevent the sale or keeping for sale any toy pistols, caps or cartridges for same. The p ending question being the motion of the Senator from Flor ence to strike out the enacting clause. Mr. S TANLAND moved to lay the motion to strike out the enact ing clause upon the table, which was agreed to. The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: See., I line 2, between the words “pistol” and the word “or,” by inserting the words “in which caps or cartridges can be used.” Sec., 1 line 2, after the word “sale” and before the word “any,” by inserting the words, “or give away.” Ordered p laced on the Calendar for a third reading. S. 3 4.—Mr. Marshall: A Bill to amend an Act entitled “An Act to amend Section 1 of an Act to provide for the incorporation of towns of not less than one thousand nor more than five thousand inhabit ants, approved 5th March, 1896, which was approved 25th Febru THURSDAY, J ANUARY 29, 1903. 193 ary, 1 902," and Section 1958 of the Civil Code of 1902, Vol. I., re lating to towns of less than five thousand and more than one thou sand. The B ill was read and ordered placed on the Calendar for a third reading. S. 5 1.—Mr. Douglass: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and pre scribe his duties.’ ” - The B ill was read and ordered placed on the Calendar for a third reading. S. 6 3.—Mr. Raysor: A Bill to amend Section 1293 of Volume I. of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina. The B ill was read, and on motion of Mr. RAYSOR, was amended as follows : On l ine 16, strike out the word “instead,” and insert the words “and stead” in lieu thereof. Ordered p laced on the Calendar for a third reading. S. 7 9.—Mr. Butler: A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County officers of the various Counties of this State,” approved 27th Febru ary, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. The B ill was read and ordered placed on the Calendar for a third reading. S. 9 4.—Mr. Blake: A Bill to amend Section 826, Civil Code (be ing Volume I., at page 315, Code of Laws, 1902). The B ill was read and ordered placed on the Calendar for a third reading. H.. R 100.-—Mr. Sinkler: A Bill to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County,” approved February 20th, 1901, so as to amend Sections 3 and 4, and by adding another Section, to be known as Section 5, and in changing the numbers of said Section in conformity therewith. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 1 07.—Mr. Hood: A Bill to amend Sections 2 and 9 of an Act entitled “An Act relating to the Section, drawing and summoning of 194 J OURNAL OF THE SENATE. jurorsn i the Circuit Courts of this State,” approved the 7th day of February, 1902. The q uestion being upon the adoption of the unfavorable report of the Committee. After d ebate by Messrs. HOOD and HAY, Mr. STANLAND moved that the further consideration of the measure be postponed until to-morrow. Upon a d ivision being had, the vote stood: ayes, 12; nays, 12. The P RESIDENT voted aye and the further consideration was thereby postponed. .H. R 108.—Mr. Kelley: A Bill to provide for the transfer of cer tain records to the ofiice of Probate Judge of Lee County. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 1 9.—Mr. Hay: A Bill to authorize the Trustees of School Dis trict No. I of Kershaw County to issue bonds for the purpose of re funding the present bonded indebtedness thereof and'improve and erect school buildings. (Without reference or printing.) The B ill was read and ordered placed on the Calendar for a third reading.

FLEAVE O ABSENCE.

Mr. F ORREST asked and obtained leave of absence for the Sen ator from Colleton until Saturday next. Mr. M ANNING moved that when the Senate adjourn, it be ad journed to meet to-rnorrow at 11 o’clock A. M. The m otion was adopted. On m otion of Mr. HOUGH, at 9.10 o’clock P. M., the Senate ad journed. FRIDAY, J ANUARY 30, 1903. 195

Friday, J anuary 30, 1903.

FREPORTS O COMMITTEES.

Mr. W ALKER, from the Committee on County Offices and Offi cers, submitted a favorable report, with amendments, on S. 6 o.—Mr. Carpenter: A Bill to authorize and require County Commissioners to refund certain commutation road tax. Ordered f or consideration to-morrow. Mr. R AYSOR, from the Committee on Education, submitted a favorable report on .H. R 96.—Mr. Kibler: A Bill relating to the qualification of the County Superintendents of Education. Ordered f or consideration to-morrow. Mr. R AYSOR, from the Committee on Education, submitted a favorable report on H.. R 97.—Mr. Peurifoy: A Bill to direct the management of a surplus school fund which has accumulated in Saluda County. Ordered f or consideration to-morrow. Mr. W ALKER, from the Committee on County Offices and Offi cers, submitted a favorable report on .H. R 99.—Mr. Peurifoy: A Bill'to amend Section 1186 of the Civil Code, relating to the bond of County Superintendents of Edu cation, by increasing the bond of the Superintendent of Education for Saluda County. - Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Medical Affairs, sub mitted a favorable report on .H. R if 1.—-Mr. Sinkler: A Bill to amend Section 304 of the 14-s. .1.—(500) 196 J OURNAL OF THE SENATE.

Criminal C ode of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. ' On m otion of Mr. MANNING, the Bill was made the Special Or der for Tuesday next after the third reading of Bills. Mr..MANNING, f rom the Committee on Medical Affairs, sub mitted a favorable report on H.. R 112. Mr. Sinkler: A Bill to amend Section 1116 of Civil Code, Vol. 1, of the Code of Laws of this State, being a part of Arti-. cle 11., relative to physicians, apothecaries and dentists, which Arti cle is part of Chapter XXIII., under Title VIII. of said Code, this amendment being relative to the places of meeting of “The Board of Pharmaceutical Examiners.” On m otion of Mr. MANNING, the Bill was made the Special Or der for Tuesday next, after Third Reading Bills along with other Bills on the same subject. ' ' Mr. R AYSOR, from the Committee on Education, submitted a favorable report on H.. R 113.—Mr. McColl, Jr.: A Bill to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein. Ordered f or consideration to-morrow. Mr. R AYSOR, from the Committee on Education, submitted a favorable report on S. I 36.—Mr. Carpenter: A Bill to authorize and empower the Trustees of the School District of Easley to order an election and to issue coupon bonds of said school district for school purposes. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. I 3 9.—Mr. RAYSOR: A Bill to provide compensation to con stables transporting prisoners. Read t he first time and referred to the Committee on Judiciary. S. 1 40.—Mr. RAYSOR: A Bill to provide scholarships for post graduate study in the South Carolina College. Read t he first time and placed on the Calendar without reference. S. 1 41.—Mr. MARSHALL: A Bill to authorize the State Board of Directors to grant privileges for the establishment of breweries FRIDAY, J ANUARY 30. 1903. 197 and d istilleries in cities above twenty thousand inhabitants, and within one-quarter of a mile thereof. Read t he first time and referred to the Committee on Dispensary. S. 1 42.—Mr. HYDRICK: A Joint Resolution to extend the time for collecting taxes for the fiscal year 1902 without penalty. Read t he first time and placed on the Calendar without reference or printing. S. I 43.—-Mr. WARREN: A Bill to amend Section 2176, of Vol ume 1, Civil Code of South Carolina, relating to the liabilities of the railroads for loss or damage of freight. ' Read t he first time and referred to the Committee on Judiciary. S. I 44.—M1‘. VON KOLNITZ (by request) : A Bill to amend Chapter LXXXIX., of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter and by adding certain Sections thereto. Read t he first time and referred to the Committee on Judiciary. S. I 45.—Mr. WALKER: A Bill to amend Section 20 of the Code of Civil Procedure, fixing the times for holding of the Circuit Courts of the Third Judicial Circuit. Read t he first time and referred to the Committee on Judiciary. S. 1 46.—-Mr. MANNING: A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. Read t he first time and referred to the Committee on Finance.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: H.. R 147.——Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of this State,” approved the 26th day of February, 1902. Read t he ﬁrst time and referred to the Committee on Roads, Bridges and Ferries. .H. R I48.—-—Mr. Johnson: A Concurrent Resolution relating to the examination of the accounts of certain State oﬂicers:

Resolved,y b the House of Representatives, the Senate concur ring, That a Committee of three, consisting of two members of the House and one member of the Senate to be appointed by the Presi dent of the Senate, be, and is hereby, constituted to examine the 198 J OURNAL OF THE SENATE, accounts o f the State Treasurer, Comptroller General and Commis— sioners of the Sinking Fund, as provided by law, and said Commit tee shall make a report to the next General Assembly, in accordance with law. On i mmediate consideration the Resolution was adopted. Whereupon t he PRESIDENT appointed Mr. McIver of the Com mittee on the part of the Senate, and a message was sent to the House accordingly. .H. R I49.—Mr. Cooper: A Concurrent Resolution to permit the introduction of a Bill “To incorporate the Board of Trustees of the Presbyterian College of South Carolina.” The q uestion was' taken on agreeing to the passage of the Resolu tion, on which the yeas and nays were taken, resulting as follows: Yeas—Messrs. B lake, Brice, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, McCall, McDermott, McIver, Mc Leod. Mower, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, Walker, Warren—32. Nays—None. The r equisite two-thirds vote, as provided by the Constitution, being obtained, the Concurrent Resolution was passed and returned to the House of Representatives with concurrence.

MESSAGE N o. 8. In t he House of Representatives, Columbia, S. C., January 30, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the amendment adopted'by your [honorable body on H. R. 69.—Mr. Lesesne: A Bill to amend Section 2508, Vol. 1, Civil Code, 1902, limiting admission of wills as evidence. ’And ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratiﬁcation. Very respectfully, M. L. SMITH, Speaker of the House. Received as information. SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR. S. 8 .—Mr. Raysor: A Bill to require all parents or guardians to FRIDAY, J ANUARY 30, 1903. 199 compel t heir children or wards to attend school for eight weeks in each year. The B ill was read the third time, passed and ordered sent to the House of Representatives.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 2 6.-—Mr. Stanland: A Bill to prevent the sale or keeping for sale any toy pistols, or caps or cartridges for same. S. 3 4.—Mr. Marshall: A Bill to amend an Act entitled “An Act to amend Section 1 of an Act to provide for the incorporation of towns of not less than one thousand nor more than five thousand in habitants, approved 5th March, 1896, which was approved 25th Feb ruary, 1902,” and Section 1958 of the Civil Code of 1902, Vol. 1., relating to towns of less than five thousand and more than one thou sand. On m otion of Mr. MARSHALL, the Bill was amended: Sec. I ( printed Bill), line 16, by striking out “Civil Code” and-in serting “Code of Laws of South Carolina.” The title was also amended in conformity? therewith. S. 5 I.—Mr. Douglass: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and pre scribe his duties.’ ” On m otion of Mr. SHEPPARD, the following amendment was adopted: “An e lection shall be held for a Treasurer for the town of Union,” insert the above after the word day, in line 16 of page 2 of the printed Bill. Substitute f or S. 62.—Mr. Hough: A Joint Resolution to require the State Treasurer of South Carolina and the Treasurer of Lan caster County to refund to J. B. Langley certain taxes. S. 6 3.—Mr. Raysor: A Bill to amend Section 1293, of Volume I., of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina. S. 7 9.—Mr. Butler: A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County 200 J OURNAL OF THE SENATE, officersf o the various Counties of this State,” approved 27th Febru ary, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. On m otion of Mr. BUTLER, the following amendments were adopted, to wit: ’ Amend B ill No. 79 by striking out all after the figures “1902,” in the title. ,Sec. 1 line 7, before the word “process” and after the word “all,” by inserting the word, "criminal." Also l ine 16, Sec. 2, by inserting the word “criminal” after the word “all” and before the word “process.” The f ollowing amendment, on motion of Mr. RAYSOR, was adopted: Strike o ut the word “long” on line 32 of printed Bill, between the words “twenty” and “hundred,” and insert in lieu thereof the word “five.” The B ill was further amended, on motion of Mr. MCCALL, by striking out 1350 and inserting “and sixteen hundred dollars: Pro vided, That the Sheriff of Marlboro County shall act as Constable for the two Magistrates residing at Bennettsville, without additional compensation.” S. 9 4.—Mr. Blake: A Bill to amend Section 826, Civil Code (be ing Volume I., at page 315, Code of Laws, 1902). S. 1 19.—Mr. Hay: A Bill to authorize the Trustees of School District No. 1 of Kershaw County to issue bonds for the purpose of refunding the present bonded indebtedness thereof and improve and erect school buildings. The f ollowing Bill was read the third time, passed and ordered returned to the House of Representatives, with amendments: .H. R 100.—Mr. Sinkler: A Bill to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County,” approved February 20th, 1901, so as to amend Sections 3 and 4, and by adding another Section, to be known as Section 5, and in changing the numbers of said Section in conformity therewith. On m otion of Mr. VON KOLNITZ, the Bill was amended as fol lows, to wit: Amend S ec. 3, line ten, by striking out letters “ed,” so as to read "drain" not “drained.” On l ine 1 I, after “ditches,” insert “to.” On l ine 13, strike out “said” before territory and insert “such.” FRIDAY, J ANUARY 30, 1903. 201

In S ec. 4, line 19, strike out “another drain” and insert “under drains.” On l ine 21, strike out word “said,” before “territory,” and insert “such.” The f ollowing Bill having received three readings in both Houses, it was ordered that the title be changed to an Act and enrolled for ratiﬁcation : .H. R 108.—Mr. Kelley: A Bill to provide for the transfer of cer tain records to the ofﬁce of Probate Judge of Lee County.

SECOND R EADING BILLS.

S. 2 .—Mr. Gaines: A Bill to regulate the traffic in seed cotton and unpacked lint cotton. The B ill was made the Special Order for Thursday next, after the morning hour. S. 7 .-—Mr. Blake: A Bill to fix the time for the payment of taxes and penalties thereon. The B ill was read. .Mr. J W. RAGSDALE moved to strike out the enacting words. After d ebate by Messrs. BLAKE, J. W. RAGSDALE, HOOD, MANNING, HYDRICK, WALKER, JOHNSON, WARREN, RAYSOR and 'MOWER, The q uestion was taken on agreeing to the motion of the Senator from Florence, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Davis, Dennis, Forrest, McIver, G. W. Ragsdale, J. W. Ragsdale, Stanland, Talbird, W arren—Io. Nays—Messrs. B lake, Brice, Butler, Carpenter, Douglass, Good— win, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, McCall, McDermott, McLeod, Mower, Raysor, Sharpe, Sheppard, Stackhouse, von Kolnitz, Walker—25. So t he motion was lost. The a mendment proposed by the Committee was adopted, to wit: Section 1 , line 9, strike out the word “seven” and insert .in lieu thereof the word “five.” Ordered p laced on the Calendar for a third reading. S. 2 1.—Mr. Goodwin: A Bill to create the office of Oil Inspector, prescribe the amount of his salary; to establish the fees for Inspector of Oils and to provide for the disposition of such fees. On m otion of Mr. GOODWIN, the Bill was made the Special Order for to-morrow, after Third Reading Bills. 202 J OURNAL OF THE SENATE, S. 2 8.—Mr. J. W. Ragsdale: A Bill to regulate and fix the liability of railrod companies having a relief department to its employees. On m otion of Mr. J. W. RAGSDALE, the Bill was made the Spe~ cial Order for Wednesday next, after Third Reading Bills. The f ollowing five Bills were made Special Orders for Tuesday next after Third Reading Bills: S. 3 5.—Mr. von Kolnitz: A Bill to amend Section 1119 of the Civil Code, Vol. I., of the Code of Laws of this State, being part of Article II., relative to physicians, apothecaries and dentists, which ' A rticle is a part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the quantity of licenses of phar maceutists. S. 3 6.—Mr. von Kolnitz: A Bill to amend Section 1126 of the Civil Code, of Vol. I., of the Code of Laws of this State, a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to sale of medicines already prepared. S. 3 7.-—Mr. von Kolnitz: A Bill to amend Section 1116 of the Civil Code, under Title VIII. of said Code. This amendment being Code, Vol. 1, of the Code of Laws of this State, being a part of Arti cle 11., relative to physicians, apothecaries and dentists, which Arti cle is part of Chapter XXIII., being relative to the quantity of licenses of pharmacists, relative to the places of meeting of the Board of Pharmaceutical Examiners. S. 3 8.—Mr. von Kolnitz: A Bill to amend Section 1122 of the Civil Code, Volume 1 of the Code of Laws of this State, being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the duties of licensed pharmaceu tists, apothecaries and retail druggists. S. 4 4.'—Mr. von Kolnitz: A Bill to amend Section 1120 of the Civil Code, Volume 1 of the Code of Laws of this State, being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to charges for examination and licensing of pharmaceutists. S. 4 1.—Mr. McIver: A Bill to amend Section 1880 of the Civil Code, Vol. 1, Code of 1902, so as to exclude tramways from its provi sions. The B ill was read. and, on motion of Mr. McIver, was amended as follows: FRIDAY, J ANUARY 30, 1903. 203 Sec.. 2 That this Act shall take effect immediately upon its ap proval. Amend t he title of the Bill so that it shall read as follows: “A Bill to amend Section 1880'of the Civil Code (Volume 1, Code of Laws, 1902), so as to include tramways in its provisions." S. 5 4.—Mr. J. W. Ragsdale: A Bill to require the free transporta tion of certain ofi-icials by common carriers of passengers in this State. On m otion of Mr. J. W. RAGSDALE, the Bill was recommitted to the Committee on Railroads and Internal Improvements. S. 6 1.—Mr. Douglass: A Bill to provide for a voting precinct in each of the four wards in the town of Union. The B ill was read. The C ommittee offered the following amendment, to wit: add to the Bill the following: “Said voting precincts to be established by the Town Council; notice of the places where such precincts shall be established shall be published ten days before any election shall be held in said town.” The a mendment was adopted. Ordered p laced on the Calendar for a third reading. .H. R 70.—Mr. Cooper: A Bill to provide for reindexing the pub lic records in the office of the Clerk of the Court for Laurens County. The B ill was read and ordered placed on the Calendar for a third reading. S. 8 1.-—Mr. McLeod: A Bill to fix salaries for County officers of Lee County. The B ill was read and ordered placed on the Calendar for a third reading. Mr. M CLEOD gave notice of amendment on third reading. S. 8 6.——Mr. von Kolnitz: A Bill to amend Section 304 of the Criminal Code of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. The B ill was made the Special Order for Tuesday next, after Third Reading Bills. S. 8 8.—Mr. Stanland: A Bill to require railroads, steamboats and other common carriers to carry Dispensary Constables, policemen and other peace officers, when in the discharge of their duty, upon all trains and boats or other vehicles. The u nfavorable report was adopted and the Bill rejected. H.. R 95.——Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the 204 J OURNAL OF THE SENATE,

State P rinter and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the pub lic printing. (Report favorable.) The J oint Resolution was read and ordered placed on the Calendar for a third reading. S. 1 07.—-Mr. Hood: A Bill to amend Sections 2 and 9 of an Act entitled “An Act relating to the Section, drawing and summoning of jurors in the Circuit Courts of this State,” approved the 7th day of February, 1902. The u nfavorable report was adopted and the Bill rejected. S. 1 20.—Mr. Mower: A Bill to authorize County Treasurers to pay the exchange, expense or other charges for forwarding moneys to the State Treasurer. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 23.—Mr. Mower: A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the ﬁscal years commencing November 1st, 1872, to and including the year com mencing November 1st, 1881. The B ill was read and ordered placed on the Calendar for a third reading. Mr. M OWER gave notice of amendment on third reading. S. 1 24.——Mr. von Kolnitz: A Bill to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. The B ill was read and the amendment proposed by the Committee was adopted, to wit: Section 1 , line 19, strike out the word “of” between the words “church” and “religious,” and insert the word “or” in lieu thereof. Ordered p laced on the Calendar for a'third reading. S. 1 27.——Mr. Hood: A Bill to authorize, ratify and conﬁrm the right and power of Joseph J. Fretwell and his associates, their suc cessors and assigns, to construct dams across Seneca River, and the Tugaloo River, and the Savannah River, to the Georgia line at An dersonville, McDonald’s Shoals, Stevenson’s Lodge, Tumey’s Shoals and Middleton’s Shoals, in Anderson County. The B ill was read and ordered placed on the Calendar for a third reading. SATURDAY, J ANUARY 31, 1903. 205

LEAVEF O ABSENCE.

fLeave o absence was granted to the following Senators for to morrow: Messrs. Walker, Manning, Hay, McDermott, Hood, Den nis, Aldrich, Davis, Goodwin, Stackhouse, McIver, Douglass and Hardin. Mr. B RICE asked and obtained leave of absence for Mr. Stewart, Reading Clerk, for Saturday. Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet to-morrow at 9.45 o’clock A. M. Adopted. On m otion of Mr. HOUGH, at 2.05 o’clock P. M., the Senate ad journed.

Saturday, J anuary 31, 1903.

The S enate assembled at 9.45 o’clock A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. BLAKE, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &C.

The P RESIDENT laid before the Senate the following communi cation: Housef o Representatives U. S., Washington, D. C., January 29, 1903. Hon. John T. Sloan, President of the Senate, Columbia, S. C. Sir: Having been advised by the morning papers of my election, on the 27th instant, to the Senate of the United States for the term beginning March 4th, 1903, by the unanimous vote of the Iﬁgisla 206 J OURNAL OF THE SENATE, ture,n i Joint Session, I desire to express to the members of the Sen ate, through you, my deep appreciation of the distinguished honor which has been conferred upon me. Ten y ears of continuous service in the House of Representatives has given me a keen appreciation of the arduous and difﬁcult duties which a seat in the Senate of the United States entails, and of my imperfect equipment for their discharge according to the high stan dard demanded by the country. Profoundly conscious of my re sponsibility, I pledge myself to the best service of which I am capa ble, and to unremitting effort in behalf of the best interests of all the people of our State and of our common country so long as I shall continue to represent South Carolina in that high office. Very r espectfully, A. C. LATIMER. Received a s information and spread upon the Journal.

FREPORTS O COMMITTEES.

Mr. M ARSHALL, from the Committee on Railroads and Inter nal Improvements, submitted a favorable report on S. I 6.—Mr. von Kolnitz (by request): A Bill to amend Section 2155-0f the Code of Laws of SOuth Carolina, 1902, Volume I. Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Railroads and Inter nal Improvements, submitted a report (majority unfavorable, mi nority favorable, with amendments), on S. 2 2.—Mr. Hydrick: A Bill to regulate the daily hours of service of employees of railroad and railway corporations doing business in this State. . Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a report, without recommendation, on S. 8 5.—Mr. Walker: A Bill to authorize the construction and maintenance of a dam across Kinloch Creek, in Georgetown County. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: SATURDAY, J ANUARY 31, 1903. 207 S. 1 5o.——Mr. MARSHALL: A Bill to amend Section 115 of the Criminal Code (being volume 2 of Laws of 1902), so as to fix the age of consent at sixteen years. Read t he first time and referred to the Committee on Judiciary. S. 1 51.—Mr. MARSHALL: A Bill to amend Section 574, Crim inal Code, relating to privileges of licensed druggists under the Dis pensary Law, so as to allow wholesale druggists to sell alcohol with out profit to licensed druggists. Read t he first time and referred to the Committee on Dispensary. S. I 52.—Mr. BLAKE: A Bill to amend an Act entitled “An Act to further amend Section 349 of the Revised Statutes of 1893, re lating to the seizure and sale of a defaulting taxpayer’s estate (as heretofore amended by Act No. 349, approved 20th February, 1901, and appearing at pages 612 and 613 of the 23d volume of the Stat utes at Large), approved the 25th day of February, A. D. 1902, so as to confine, redemption to real estate. Read t he first time and referred to the Committee on Judiciary. S. 1 53.—Mr. MARSHALL: A Bill to authorize the appointment of certain banking corporations or trust companies as trustees, exe cutors, administrators, guardians, receivers or assigns. Read t he first time and referred to the Committee on Finance. S. 1 54.—Mr. TALBIRD: A Bill to amend Section 1814 of the Code of Laws of South Carolina, I902, Volume I (Civil Code), so as to correct a typographical error therein. Read t he first time and referred to the Committee on Judiciary. S. 1 55.—Mr. TALBIRD: A Bill to amend Section 7 of the Code of Laws of South Carolina, 1902, Volume 1, Civil Code, as to con demnation of lands for public uses of the United States. Read t he first time and referred to the Committee on Judiciary. S. 1 56.--Mr. TALBIRD: A Bill to amend Section I857 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), to correct a typographical error therein. Read t he first time and referred to the Committee on Judiciary. S. 1 57.——Mr. TALBIRD: A Bill to amend the Code of South Carolina, 1902, Volume 1 (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons. Read t he first time and referred to the Committee on Judiciary. S. 1 58.-—Mr. TALBIRD: A Bill to amend Subdivision 6 of Sec tion 402 of the. Code of Civil Procedure, to correct a typographical errorn i same. Read the' first time and referred to the Committee on Judiciary. 208 J OURNAL OF THE SENATE, S. 1 59.—Mr. DAVIS: A Bill to provide for building a jail for Clarendon County, to authorize the borrowing of money therefor and to provide for the repayment thereof. Read t he first time and referred to the Committee on County Offi ces and Officers.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bills were severally read the third time, passed and ordered sent to the House of Representatives: S. 7 .—Mr. Blake: A Bill to fix the time for the payment of taxes and penalties thereon. S. 4 1.—Mr. McIver: A Bill to amend Section 1880 of the Civil Code, Vol. 1, Code of 1902, so as to exclude tramways from its pro visions. S. 6 1.-—-Mr. Douglass: A Bill to provide for a voting precinct in each of the four Wards in the town of Union. S. 8 1.—Mr. McLeod: A Bill to fix salaries for County officers of Lee County. On m otion of Mr. MCLEOD, the Bill was amended to read as fol lows: A B ill to amend an Act entitled “An Act to establish Lee County,” approved the 25th day of February, 1902. ' Bet i enacted by the General Assembly of the State of South Caro lina: SECTION 1 . That Section 8 of an Act entitled “An Act to establish Lee County,” approved February 25th, 1902, be amended by striking out Section 8 of said Act and substituting the following, to be known as Section 8: That t he County officers of Lee County shall receive the following salaries: Auditor, seven hundred and fifty dollars, five hundred dol lars of which shall be paid by the State and two hundred and fifty dollars by the County. The Treasurer shall receive the same salary as Auditor, and the fees for delinquent taxes as provided for other Treasurers under the general law. The Clerk of Court shall receive the fees now allowed such office by law, and two hundred dollars in lieu of all costs chargeable against the County in criminal cases. The County Commissioners shall receive two dollars per day, and five cents per mile each way going and returning from County seat by nearest direct route, not exceeding thirty days annually. The SATURDAY, J ANUARY 31, 1903. 209 fClerk o Board of County Commissioners shall receive one hundred dollars per year. The County Superintendent of Education, five hundred dollars per year. The Coroner shall receive one hundred and fifty dollars per year. The Sheriff shall receive a salary of fourteen hundred dollars per year, and the fees for dieting prisoners as provided under the general salary law. The County Supervisor shall receive a salary of five hundred dollars. The Judge of Probate shall receive the fees now allowed such ofiice by law. S. 1 20.—Mr. Mower: A Bill to authorize County Treasurers to pay the exchange, expenses or other charges for forwarding moneys to the State Treasurer. S. 1 23.—-Mr. Mower: A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the fiscal years commencing November 1st, 1872, to and including the year com mencing November Ist, 1881. S. 1 24.—Mr. von Kolnitz: A Bill to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. S. 1 27.—Mr. Hood: A Bill to authorize, ratify and confirm the right and power of Joseph J. Fretwell and his associates, their succes sors and assigns, to construct dams across Seneca River, and the Tugaloo River, and the Savannah River, to the Georgia line at An dersonville, McDonald’s Shoals, Stevenson’s Lodge, Tumey’s Shoals and Middleton’s Shoals, in Anderson County. The f ollowing Joint Resolution having received three readings in both Houses, it was ordered that the same be enrolled for ratifica tion: .H. R 95.—-Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the State Printer and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the pub lic printing.

SECOND R EADING BILLS.

S. 6 o.—Mr. Carpenter: A Bill to authorize and require County Commissioners to refund certain commutation road tax. The B ill was read, and on motion of Mr. BRICE, was amended as follows: Amend t itle of Bill by inserting after the word “Commissioners” 210 . J OURNAL OF THE SENATE, and b efore the word “to,” the words “of Orangeburg, Pickens and York Counties." Amend B ill, Sec. 1, line 1, by inserting after the word “Commis sioners” and before the word “be,” the words “of Orangeburg, Pick ens and York.” The C ommittee amendments were laid upon the table. Ordered p laced on the Calendar for a third reading. H.. R 97.—Mr. Peurifoy: A Bill to direct the management of a surplus school fund which has accumulated in Saluda County. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 99.——Mr. Peurifoy: A Bill to amend Section 1186 of the Civil Code, relating to the bond of County Superintendents of Edu cation, by increasing the bond of the Superintendent of Education for Saluda County. The B ill was read and ordered placed on the Calendar for a third reading. 7 . .H. R 113.—Mr. McColl, Jr.: A Bill to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 36.—Mr. Carpenter: A Bill to authorize and empower the Trustees of the School District of Easley to order an election and to issue coupon bonds of said school district for school purposes. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 40.—M:'. Raysor: To provide scholarships for post-graduate study in South Carolina College. The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. 1 42.—Mr. Hydrick: A Joint Resolution to extend the time for collecting taxes for the ﬁscal year 1902 without penalty. . The J oint Resolution was read and ordered placed on the Calenda for a third reading. Mr. B RICE gave notice of general amendments on third reading. Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet on Tuesday next at 12 o’clock M. Adopted. On m otion of Mr. MARSHALL, at 10.40 o’clock A. M., the Sen ate adjourned. TUESDAY, F EBRUARY 3, 1903. 211

Tuesday, F ebruary 3, 1903.

PETITIONS, M EMORIALS, &C.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule' XXXVI. : S. I 6o.—Mr. WILLIAMS : A Bill to regulate the practice of medicine in South Carolina, to provide for a State Board of Medicine Examiners, and to define their duties and powers. Read t he first time and referred to the Committee on Medical Af fairs. S. I 6I.—Mr. HOOD: A Joint Resolution to appoint a Committee to investigate the management of the State Dispensary. ." Read t he first time and referred to the Committee on Dispensary. S. I 62.—-Mr. ALDRICH: A Bill to provide for the reindexing of the records of Barnwell County. Read t he first time and placed on the Calendar without reference. S. I 63.—Mr. MAYFIELD: A Bill to amend Section 4 of an Act entitled “An Act to amend Sections 3 and 4 of an Act entitled ‘An Act to provide a system of county government of the several counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. Read t he first time and referred to the Committee on Judiciary. S. 1 64.—-Mr. VON KOLNITZ: A Bill to amend Section 278 of the Criminal C ode, 1902, by making certain offences in connection with 15—8. J.—(500) ' 212 J OURNAL OF THE SENATE, party r egistration and primaries misdemeanors, and prescribing pen alties therefor. Read the first time and referred to the Committee on Judiciary.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: ' S. 4 0.—Mr. Blake: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. Returned w ith amendments. On m otion of Mr. BLAKE, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act, and the Act enrolled for ratification. H.. R 165.—Mr. Johnson: A‘Concurrent Resolution fixing the time for the election of Trustee for Winthrop Normal and Indus trial College in the place of Hon. C. A. Woods, resigned. Upon i mmediate consideration, the Resolution was adopted and returned to the House of Representatives with concurrence. H.. R I66.--Mr. Gaston: A Bill to authorize and empower the Trustees of Court House School District, in Chester County, to order an election and issue coupon bonds of said school district for school purposes. Read t he first time and referred to the Committee on Education. H.. R 167.-—Mr. Kelley: A Bill to authorize the Bishopville Graded School District No. 1 to issue bonds for the purpose of erect ing a building for the public schools, and to provide for the payment thereof. Read t he first time and referred to the Committee on Education. .H. R 168.—Mr. Richards: A Bill to amend an Act entitled “An Act relating to the scholarships in the Winthrop Normal and Indus trial College,” approved the 9th day of March, A. D. 1896, by pro viding $100 for each scholarship under said Act. Read t he first time and referred to the Committee on Education. H.. R I69.—Mr. Middleton: A Bill to repeal an Act entitled “An Act to incorporate the town of Scotia, in Hampton County,” ap proved December 19th, 1892. Read t he first time and referred to the Committee on Judiciary. TUESDAY, F EBRUARY 3, 1903. 213 H.. R 17o.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1. 'Code of Laws, 1902), so as to provide an additional district for Chester County, and to fix the compensation of the Magistrate thereof, and of his Constable. Read t he first time and referred to the Committee on Judiciary. H.. R 171.-—Mr. Moses: A Bill to change and designate certain townships in Sumter County and to provide for changing the regis tration certificate. Read t he first time and referred to the Committee on Judiciary. H.. R 172.—-Mr. Logan: A Bill to amend Section 156 of the Code of Civil Procedure, being Vol. 2 of the Code of Laws of South Caro lina, 1902, relating to the publication of summons. Read t he first time and referred to the Committee on Judiciary. H.. R 173.-—Mr. Haskell: A Bill to fix the time for the inaugura tion of the Governor and Lieutenant Governor. Read t he first time and referred to the Committee on Judiciary. H.. R 174.——Mr. Hill: A Bill to amend Section 761 of the Civil Code of South Carolina, Vol. 1, relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County. ' - ‘ Read t he first time and referred to the Committee on Judiciary. .H. R 175.—Mr. Rainsford: A Bill to amend Section 1663, Code of Laws of South Carolina, by increasing the penalty for usury to 25 per centum of the principal. - Read t he first time and referred to the Committee on Judiciary. H.. R 176.——Mr. Gaston: A Bill to amend Section 15 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” on page 1085 of the Acts of 1902, Volume 23, Statutes at Large, by provid ing an increase of compensation for the Coroner of Chester County. Read t he first time and referred to the Committee on Judiciary. H.. R 177.—Mr. Lofton: A Joint Resolution to require the Sink ing Fund to refund certain moneys to H. M. Lofton, Jr., and James Reedy. Read t he first time and referred to the Committee on Judiciary. H.. R 178.—Mr. Efird: A Bill to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a certain parcel of land. Read t he first time and referred to the Committee on the Peniten tiary. H.. R 179.—Mr. Youmans: A Bill disposing of surplus funds in 214 J OURNAL OF THE SENATE, the h ands of the Commissioners of the Home of the Poor, of Hamp ton County. Read t he first time and referred to the Committee on Penal and Charitable Institutions. H.. R 180.——Mr. Morgan: A Bill to create a Board of Fire Com missioners for the city of Greenville, in this State, to define its powers and duties. Read t he first time and referred to the Committee on Incorpora tions. H.. R 181.—Mr. Cooper: A Bill to repeal an Act to incorporate the Clinton College Association, approved December 24th, A. D. 1890. Read t he first time and referred to the Committee on Incorpora tions. H.. R 182.-—Mr. Kelley: A Bill to authorize and require the County Board of Commissioners of Lee County to build a jail for said County and to levy a tax therefor. Read t he first time and referred to the Committee on County Ofi'i ces and Officers. H.. R 183.—Mr. Magill: A Bill to provide for an additional Mag istrate for Greenwood County and to provide for his salary and that of his Constable. Read t he first time and referred to the Committee on County Offi ces and Officers. HQR. 1 84.—Mr_Jeremiah Smith: A Bill to provide for the special election in Horry County on the question of the stock law. Read t he first time and referred to the Committee on Agriculture. H.. R 185.——Mr. Johnson: A Bill to amend Section 1888 of Vol. 1, Civil Code of South Carolina, by fixing charter fees. Read t he'first time and referred to the Committee on Finance. H.. R 186.—Mr. Bomar: A Bill to validate and confirm all acts of the city of Spartanburg in relation to the issuance of certain street improvement bonds, and to make provision for the payment of inter est on such bonds and for retiring them at maturity. Read t he first time and referred to the Committee on Finance. .H. R 187.—-Mr. Hendrix: A Bill to authorize and require the Comptroller General to refund to the executors of John T. Young blood any amount paid in excess to the amount due. Read t he first time and referred to the Committee on H.. R I88.—Mr. Morgan: A Bill to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. TUESDAY, F EBRUARY 3, 1903. 215 Read t he first time and referred to the Committee on Agriculture. H.. R 189.—Mr. Russell: A Bill to provide for the erection of a new jail for Berkeley County. Read t he first time and referred to the Committee on Finance. .H. R 190.—Mr. Kelley : A Bill to authorize the Commissioners of the Sinking Fund to lend funds to the County Board of Commission ers of Lee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment ofth'e same. Read t he first time and referred to the Committee on Finance. .H. R 191.—Claim of W. E. Adams, Jr., refund of taxes, $4.18. Referred t o the Committee on Claims and Grievances. .H. R 192.—Claim of C. H. Lesesne, balance salary as Supervisor of Registration Williamsburg County, $6.25. Referred t o the Committee on Claims and Grievances.

MESSAGE N 0. 9.

In t he House of Representatives, Columbia, S. C., February 3, 1903. Mr. President and Gentlemen of the Senate: ' The House respectfully informs your honorable body that it has stricken out the enacting words of (S. 17) H. 95.—A Bill (Mr. von Kolnitz) to amend Section 2555 of the Code of Laws of South Carolina, 1902, Volume I. Very respectfully, ' D. H. MAGILL, Speaker pro tem. of the House.

Received a s information.

MESSAGE N o. 10.

In t he House of Representatives, Columbia, S. C., February 3, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has stricken out the enacting words on (S. 20) H. 97.—Mr. \Varren: A Bill to amend an Act entitled 216 J OURNAL OF THE SENATE, “An A ct relating to the selection and drawing of juries in the Cir cuit Courts of the State," approved February 7, 1902. Very respectfully, ' M. L. SMITH, Speaker of the House. Received a s information.

GENERAL O RDERS.

THIRD R EADING BILLS.

The f ollowing Bills were severally read the third time, passed and ordered sent to the House of Representatives: S. 6 0.—Mr. Carpenter: A Bill to authorize and require County Commissioners to refund certain commutation road tax. S. 1 24.—Mr. von Kolnitz: A Bill to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902. concerning running of , trains on Sunday. S. I 36.——-Mr. Carpenter: A Bill to authorize and empower the Trustees of the School District of Easley to order an election and to issue coupon bonds of said school district for school purposes. S. I 42.—-Mr. Hydrick: A Joint Resolution to extend the time for collecting taxes for the fiscal year 1902 without penalty. Mr. B RICE moved to indefinitely postpone the Joint Resolution. After d ebate by Messrs. BRICE, HOUGH, BLAKE, HYDRICK, MOWER, VON KOLNITZ, SHEPPARD and G. W. RAGSDALE, The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Douglass. Herndon, Hood, Hough, Stackhouse—S. Nays—Messrs. A ldrich, Butler, Carpenter, Davis, Dennis, Good win, Hardin, Hydrick, Johnson, Manning, Marshall, McCall, Mc Iver, McLeod, Mower, Peurifoy, G. W. Ragsdale, Raysor, Sharpe, Sheppard. Stanland, von Kolnitz, Walker, Williams—24. So t he motion was lost. The f ollowing Bills having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification : .H. R 7o.—Mr. Cooper: A Bill to provide for reindexing the pub lic records in the office of the Clerk of Court for Laurens County. TUESDAY, F EBRUARY 3, 1903. 217

.H. R 97.—Mr. Peurifoy: A Bill to direct the management of a surplus school fund which has accumulated in Saluda County. .H. R 99.—Mr. Peurifoy: A Bill to amend Section 1186 of the Civil Code, relating to the bond of County Superintendents of Edu cation, by increasing the bond of the Superintendent of Education for Saluda County. H.. R 113.—Mr. McColl, Jr.: A Bill’to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein. '

SPECIAL O RDERS.

The c onsideration of all Special Orders were postponed and made the Special Order for to-morrow at the same hour, and from day to day until disposed of.

SECOND R EADING BILLS.

.. S 22.-—Mr. Hydrick: A Bill to regulate the daily hours of service of employees of railroads and railway companies doing business in this State. _ On m otion of Mr. HYDRICK, the Bill was made a Special Order for \Vednesday, February 4th. immediately after Third Reading Bills, and from day to day thereafter at the same hour until disposed of. S. 7 8.—Mr. Mayﬁeld: Resolution authorizing the President of the Senate to appoint two Doorkeepers. On m otion of Mr. HYDRICK, the Resolution was referred to the Committee on Judiciary. S. 8 5.—Mr. NValker: A Bill to authorize the construction and maintenance of a dam across Kinloch Creek, in Georgetown County. The B ill was read and ordered placed on the Calendar for a third reading. S. 9 0.—Mr. Goodwin: A Bill to amend Section 357 of the Crimi nal Code, relating to witness labor contracts. On m otion of Mr. GOODWIN, the Bill was laid on the table and permission granted to withdraw the same from the ﬁles of the Senate. _ S. 91.—Mr. Goodwin: A Bill to provide for the indexing of all written agricultural labor contracts. On m otion of Mr. SHEPPARD. the Bill was referred to the Com mittee on Judiciary. 218 _ \ J OURNAL OF THE SENATE,

LEAVEF O ABSENCE.

Mr. S HEPPARD asked and obtained leave of absence for the morning s ession for the Senator from Saluda. Mr. S HARPE asked and obtained indeﬁnite leave of absence for the Senator from Hampton. Mr. J OHNSON asked and obtained indeﬁnite leave of absence for the Senator from Horry.

APPOINTMENTS.

The P RESIDENT announced that he had appointed Mr. P. L. Hardin, Senator from Chester, under the provisions of “An Act to provide for the examination into expenditure of appropriations for State educational institutions, the condition of the same, and report to the General Assembly.” Mr. S HEPPARD moved that when the Senate adjourn, it stand adjourned to meet to-morrow morning at II o’clock. The m otion was adopted. ' On m otion of Mr. HOUGH, at 2 o’clock P. M., the Senate receded from business until 8 o’clock P. M.

RECESS.

The S enate reassembled at 7.55 o’clock P. M., and was called to order by the PRESIDENT.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 93.—Mr. HOOD: A Bill to amend Section 556 of the Crimi nal Code of 1902, so as to increase the number of members of the Board of Directors of the State Dispensary from three to seven mem bers, and to require bonds of same. , Read t he ﬁrst time and referred to the Committee on Dispensary. S. 1 94.~Mr. HOOD: A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof. Read t he ﬁrst time and referred to the Committee on Dispensary. TUESDAY, F EBRUARY 3, 1903. 219

SPECIAL O RDER FOR 8 P. M. The P RESIDENT announced that the hour had arrived for the Joint Assembly and the Senate would now proceed to the Hall of the House of Representatives. JOINT A SSEMBLY.

FELECTION O ONE TRUSTEE OF WINTHROP NORMAL AND INDUSTRIAL COLLEGE.

The P RESIDENT of the Senate announced that the Joint Assem bly had convened to elect a Trustee of Winthrop Normal and Indus trial College, under the provisions of the following Concurrent Reso lution, adopted by both Houses, which was read by the Clerk of the Senate: H. 2 82.—Mr. Johnson: Resolved, by the House of Representa tives, the Senate concurring, That the two Houses meet in Joint As sembly on February 3, at 8 o’clock P. M., for the purpose of electing one Trustee for Winthrop College to ﬁll the vacancy caused by the resignation of the Hon. C. A. Woods. The P RESIDENT of the Senate announced that nominations were in order. Mr. M CCAIN nominated Mr. T. A. Crawford, of Rock Hill. Mr.IN S KLER seconded the nomination. Mr. F ORD nominated Mr. W. S. Hall, of Chester. Senator H ARDIN seconded the nomination. Senator M CLEOD nominated Mr. D. W. McLaurin, of Marion. Mr. K IBLER seconded the nomination. The P RESIDENT appointed Messrs. Butler and Sharpe tellers on the part of the Senate. The S PEAKER appointed Messrs. Dorroh, Stuckey and Irby tell ers on the part of the House. The C lerk of the Senate called the roll of the Senate, and the Sena tors voted vica voce as their names were called. The f ollowing named Senators voted for Mr. Crawford: Messrs. B rice, Brown, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Peurifoy, Raysor, von Kolnitz—I 1. The f ollowing named Senators voted for Mr. Hall: Messrs. A ldrich, Butler, Douglass, Hardin, Marshall, G. W. Rags dale—6. 220 J OURNAL OF THE SENATE, The f ollowing named Senators voted for M r. McLaurin: Messrs. B lake, Carpenter, Davis, Dennis, Forrest, Goodwin, Mc Call, McLeod, Sharpe, Stackhouse, Stanland, Williams—~12. The C lerk of the House of Representatives called the roll of the House, and the members voted viva 110cc as their names were called. The f ollowing named members voted for Mr. Crawford: Messrs. B arron, Bates, Beamguard, Bomar, Brooks, Carey, Culler, Dorroh, Dowling, Doyle, Fraser, Haile, D. O. Herbert, J. E. Her bert, Lanham, Lesesne, Lide, Logan. McCain, Mims, Morgan, Moses, Moss, Nichols, Parnell, Potts, Sinkler, Stuckey, Towill, Wall, \Nebb, \Nhaley, \Villiams, Wingard—34. The f ollowing named members voted for Mr. Hall: Messrs. C allison, DeVore, 'Ford, Gaston, Johnson, Kirby, Little, Lyles, Mauldin, Rainsford, Richardson, Sarratt, Strong, Traylor, Wise~15. ' The f ollowing named members voted for Mr. McLaurin: Messrs. A ull, Bailey, Banks, Black, Brown, Clifton, Cooper, Den nis, Doar, Donnald, Gourdin, Harrellson, Haskell, Hendrix, Hinton, Humphrey, Irby, Jarnegan, Kelley, Kibler, King, Lancaster, Laney, Leverett, Lofton, Magill, Middleton, Patterson, Pearman, Peurifoy, Quick, Rankin, Rawlinson, Ready, Richards, Russell, Jeremiah Smith, W. C. Smith, Stackhouse, Tatum, Toole, Wade, Walker, Win-go, Wright, Youmans—46.

ORREASONS F NOT VOTING.

W.. B Gause, who would vote for D. W. McLaurin, is paired with W. L. Bass, who, if he were present, would vote for Dr. T. A. Crawford.

mI a paired with Dr. Mace. If he were present he would vote for Mr. D. W. McLaurin, and I would vote for Dr. Crawford. JAMES R. COGGESHALL. Mr. Colcock is paired with Mr. Pyatt. If Mr. Colcock were pres ent he would vote for Mr. Crawford. If Mr. Pyatt were present he would vote ‘for Mr. McLaurin.

RECAPITULATION. T otal number of Senators voting ...... 29 Total number of Members voting ...... 95

Grand t otal ...... r24 TUESDAY, F EBRUARY 3, 1903. 221 Necessary t o a choice ...... 63 Of which Mr. Crawford received ...... 45 Of which Mr. Hall received ...... 21 Of which Mr. McLaurin received ...... 58 W h ereupon the PRESIDENT announced that there had been no election, and the Joint Assembly proceeded to

A S ECOND BALLOT.

The s ame tellers were appointed on the part of the Senate and of the House. The C lerk of the Senate called the roll of the Senate, and the Sena tors voted v-i'ua once as their names were called. The f ollowing named Senators voted for Mr. Crawford: Messrs. B rice, Brown. Butler, Douglass, Hood, Hough, Hydrick, Johnson, Manning, Raysor, von Kolnitz—II. The f ollowing named Senators voted for Mr. Hall: Messrs. H ardin, Marshall—2. - The f ollowing named Senators voted for Mr. McLaurin: Messrs. A ldrich, Blake, Carpenter. Davis, Dennis, Forrest, Good— win, M cCall, McLeod, Sharpe, Stackhouse, Stanland, \Villiarns—13. The Clerk of the House called the roll of the House, and the mem bers v oted vit'a voce as their names were called. Those w ho voted for Mr. Crawford are: Messrs. B arron, Bates. Beamguard, Blackwood, Bomar, Brooks, Carey, Culler, Dorroh, Dowling, Fraser. Haile, D. O. Herbert, J. E. Herbert, Kirby, Lanham, Lesesne, Lide, Logan, McCain, Mims, Mor gan, Moses, Moss. Nichols, Parnell, Potts, Russell. Sarratt, Sinkler, Stuckey, Towill, Wall, Webb, W haley, W illiams, Wingard—37. Those w ho voted for Mr. Hall are: Messrs. F ord, Johnson, Lyles. Mauldin, Strong, Traylor, \lVise—7. Those w ho voted for Mr. McLaurin are: ' Messrs. A ull, Bailey, Banks, Black, Brown, Callison, Clifton, Cooper. Dennis, DeVore, Doar, Donnald, Gourdin, Harrellson, Has kell, Hendrix, Hinton, Humphrey. Irby, Jarnegan, Kelley, Kibler, King, Lancaster, Laney, Leverett. Little. Lofton, Magill, Mahaffey, Middleton, Patterson, Pearman, Peurifoy. Quick, Rainsford, Rankin, Rawlinson, Ready, Richards. Richardson, Jeremiah Smith, \V. C. Smith, Stackhouse, Tatum, Toole, Wade. Walker, Wingo, W'right, Youmans—5I. 222 J OURNAL OF THE SENATE, REASONOR F NOT VOTING. Mr. G ause is paired with Mr. Bass. Mr. Gause would vote for Mr. McLaurin. If Mr. Bass were present he would vote for Mr. Crawford. Mr. P yatt is paired with Mr. Colcock; if he were present he would vote for McLaurin and Mr. Colcock for Crawford.

RECAPITULATION. Total n umber of Senators voting ...... 26 Total number of Members voting ...... 95 Grand t otal ...... i...... 121

Necessary to a choice ...... 61 Of which Mr. Crawford received ...... 48 Of which Mr. Hall received ...... 9 Of which Mr. McLaurin received ...... 64

VVhereupon t he PRESIDENT announced that Mr. D. W. Mc Daurin having received a majority of the votes given by the Joint Assembly, was duly elected a Trustee of Winthrop Normal and In dustrial College to ﬁll the unexpired term of the Hon. Chas. A. Woods, resigned. The p urposes for which the Joint Assembly was convened having been concluded, the PRESIDENT declared the Joint Assembly dis solved. And t he Senate returned in a body to its Chamber. Mr. H YDRICK moved to reconsider the vote whereby the motion was adopted ﬁxing the hour at 11 o'clock A. M. to-morrow for the meeting of the Senate. The m otion to reconsider was agreed to.

SECOND R EADING BILLS. S. 1 21.—Mr. Gaines: A Bill to require banks having on deposit State funds to render to the State Treasurer, at designated times, statements showing balances on hand to credit of the State. The B ill was read and ordered placed on the Calendar for a third reading. On m otion of Mr. SHARPE. at 9.05 o’clock P. M., the Senate ad journed. WEDNESDAY, F EBRUARY 4, 1903. 223

Wednesday, F ebruary 4, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The roll was called, and, a quorum answering to their names, the PRESIDENT a nnounced the Senate ready to proceed to business. The proceedings were opened with prayer by the Rev. O. A. Darby,. D D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. JOHNSON, the further reading of the Journal was dispensed with.

REPORTSF O COMMITTEES.

Mr. R AYSOR, from the Committee on Roads, Bridges and Fer— ries, submitted a report, majority favorable, minority unfavorable, on S. 2 7.——Mr. Hydrick: A Bill to give the Railroad Commisisoners jurisdiction over all telephone lines in this State. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a report on S. 4 8.—Mr. Raysor: Memorial from Committee of State College Trustees. Recommending t hat the same be printed for further consideration. Upon i mmediate consideration, the report was adopted. Mr. B ROWN, from the Committee on Education, submitted a favorable repbrt, with amendments, on S. 5 0.—-Mr. Johnson: A Bill to dispose of certain school funds arising from Dispensary profits, so as to aid schools in districts financially weak. Ordered f or consideration to-morrow. Mr. A LDRICH, from the Committee on Military, submitted a favorable report, with amendments, on S. 9 3.-—-Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on H.. R 110. Mr. Gaston: A Bill to secure throughout the United' States a uniform classified assessment of live stock. 224 J OURNAL OF THE SENATE,

Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Commerce and Mann factures, submitted a report, majority favorable and minority unfa vorable, on S. 1 22.-—Mr. Aldrich: A Bill for an exhibit of industries and resources of South Carolina at the Louisiana Purchase Exposition to be held in the city of St. Louis, Missouri, during the year 1904. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a favorable report on S. I 3 8.—Mr. McLeod: A Joint Resolution to provide for a special assessment of real property in Lee County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a favorable report on S. I 46.—Mr. Manning: A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a favorable report, with amendment. on S. 1 53.—Mr. Marshall: A Bill to authorize the appointment of certain banking corporations or trust companies as trustees, execu tors, administrators, guardians, receivers or assigns. Ordered f or consideration to-morrow. Mr. B ROWN. from the Committee on Education, submitted a favorable report on H.. R 166.—Mr. Gaston: A Bill to authorize and empower the Trustees of Court House School District, in Chester County, to order an election and issue coupon bonds of said school district for school purposes. ' Ordered f or consideration to-morrow. Mr. B RO\V N , from the Committee on Education, submitted a favorable report on _ .H. R 167.——Mr. Kelley: A Bill to authorize the Bishopville Graded School District No. 1 to issue bonds for the purpose of erect ing a building for the public schools, and to provide for the payment thereof. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on WEDNESDAY, F EBRUARY 4, 1903. 225

H.. R 184.—-Mr. Jeremiah Smith: A Bill to provide for the special election in Horry County on the question of the stock law. Ordered f or consideration to-morrow. Mr. M OWER,v from the Committee on Finance, submitted a fa vorable report on .H. R 186.—\lr. Bomar: A Bill to validate and confirm all acts of the city of Spartanburg in relation to the issuance of certain street improvement bonds, and to make provision for the payment of inter— est on such bonds and for retiring them at maturity. Ordered f or consideration to-morrow, without printing. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on _ H.. R 187.—-Mr. Hendrix: A Bill to authorize and require the Comptroller General to refund to the executors of John T. Young— blood any amount paid in excess to the amount due. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on .H. R 188.—Mr. Morgan: A Bill to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. _ Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on .H. R 189—Mr. Russell: A Bill to provide for the erection of a new jail for Berkeley County. ' Ordered f or consideration to-morrow. _ Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on .H. R 190.——Mr. Kelley: A Bill to authorize the Commissioners of the Sinking Fund to lend funds to the County Board of Commission ers of Lee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment of the same. Ordered f or consideration to-morrow. Mr. J OHNSON, from the Committee on Enrolled Bills, reported the following Bill as correctly enrolled and readv for ratification: S. 5 .—Mr. Sheppard: A Bill to amend an Act entitled “An Act to provide for the incorporation of towns of more than one thousand and less than five thousand inhabitants.” Received a s information. 226 J OURNAL OF THE SENATE. INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 1 95.—-Mr. BUTLER: A Bill to empower the Sinking Fund Commission of Cherokee County to retire and refund bonds of said County, and fixing compensation of said Commissioners. ‘ Read t he first time and placed on the Calendar without reference or printing. S. 1 96.—Mr. McIVER: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the laws of certain mortgages. Read t he first time and referred to the Committee on Judiciary. S. 1 97.—\Ir. McIVER: A Bill concerning certain mortgages. Read t he first time and referred to the Committee on Judiciary. S. 1 98.—Mr. VON KOLNITZ: A Bill to amend an Act entitled “An Act to amend Section 349 of the Revised Statutes of 1893,” by adding a proviso to said Section. approved 20th February, 1901, so as to make same definite. Read t he first time and referred to the Committee on Judiciary. S. 1 99—Mr. von KOLNITZ: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualification for voters on and certain regulations in connection with party registration for pri mary'elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. Read t he first time and referred to the Committee on Judiciary. S. 2 o5.-—Mr. MAYFIELD: A Bill to authorize the Town Council of Bamberg to make expenditures on the public highways. Read t he first time and ordered placed on the Calendar for consid eration to-morrow. S. 2 06.—Mr. MANNING: A Bill to amend Section 2727 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to increase the sala ries of the Chief Justice and of the Associate Justices of the Supreme Court hereafter to be elected. Read t he first time and referred to the Committee on Finance. S. 2 07.—’\Ir. MANNING: A Bill to authorize and empower the citygof Sumter to refund its bonded indebtedness in coupon bonds. Read t he first time and referred to the Committee on Finance. S. 2 08.—Mr. MANNING: A Bill to amend Section 2740, Civil Code (Vol 1, Code of Laws, 1902), by providing for the traveling expenses of Circuit Judges. WEDNESDAY, F EBRUARY 4, 1903. 227 Rea-d t he first time and referred to the Committee on Finance. S. 2 09—Mr. HAY: A Bill to authorize the erection of a dam across Wateree River at Catfis’h Shoals. Read t he first time and referred to the Committee on Judiciary. S. 2 10.—Mr. MAYFIELD: A Bill to establish an Industrial Com mission and regulate the duties thereof and provide compensation therefor. Read t he first time and referred to the Committee on Agriculture. S. 2 11.—Mr. MARSHALL (by request) : A Bill to provide for ' the passage upon and payment of claims of N. W. Brooker. Read t he first time and referred to the Committee on Claims and Grievances. S. 2 12.——Mr. HAY: A Concurrent Resolution to provide for the appointment of a Committee to examine the accounts, vouchers and books of the penal and charitable institutions of this State: Bet i resolved by the Senate and House of Representatives of the State of South Carolina, That a Committee consisting of one Sena tor, to be appointed by the President of the Senate, and two members of the House, to be appointed by the Speaker of the House of Rep resentatives, be appointed, whose duty it shall be to examine the accounts, vouchers and books of the penal and charitable institutiOns of this State, as provided in Section 81, of Vol. 1, of the Code of Laws of South Carolina of 1902. Upon i mmediate consideration, the Resolution was adopted. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent the Senate the following: .H. R 200.-—Mr. Kelley: A Bill to amend an Act entitled “An Act establishing Lee County,” approved the 25th day of February, A. D. 1902, so as to provide for six instead of five Magistrates in Lee County. Read t he first time and referred to the Committee on Judiciary. H.. R 201.——Mr. Thomas: A Bill to establish a mortuary table and make the same evidence in the Courts. Read t he first time and referred to the Committee on Judiciary. H.. R 202.—Mr. Thomas: A Bill to amend and extend the benefits and provisions of the Code of 1902, Sections I 347 and 2023, to the personal representative in case of death. Read t he first time and referred to the Committee on Judiciary. .H. R 203: Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in the Bill for

16—s. J .—(500) 228 J OURNAL OF THE SENATE, carriagef o all freights, goods, wares and merchandise, and to provide penalties for the violation thereof. Read t he ﬁrst time and referred to the Committee on Railroads and Internal Improvements. H.. R 204.—Mr. DeSchamps: A Bill to protect highways from parallel or intersecting tramways, etc. Read t he ﬁrst time and referred to the Committee on Roads, Bridges and Ferries.

MESSAGE N o. 1 1. In t he House of Representatives, Columbia, S. C., February 4, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that the Hon. M. L. Smith being absent on account of sickness, it has elected Hon. T. Yancy Williams, Speaker pro tem. Very r espectfully, TOM C. HAMER, Clerk of the House. Received as information.

SPECIAL O RDER IMMEDIATELY AFTER THIRD READ ING BILLS AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 2 1.—Mr. Goodwin: A Bill to create the office of Oil Inspector, prescribe the amount of his salary; to establish the fees for Inspector of Oils and to provide for the disposition of such fees. The B ill was read the second time. Mr. B RICE moved to strike out the enacting clause of the Bill. After d ebate by Messrs. BRICE, GOODWIN, BUTLER, HY DRICK, MAYFIELD, MCLEOD, JOHNSON, HOOD, HERN DON, MANNING and SHEPPARD, Mr. S HEPPARD moved to indefinitely postpone the motion to strike the enacting clause. The q uestion was taken on agreeing to the motion of the Senator from E dgefield, and decided in the affirmative. On motion of Mr. SHEPPARD, the consideration of the Commit tee a mendments was postponed until the third reading. The Bill was then passed and ordered placed on the Calendar for a third reading. THURSDAY, F EBRUARY 5, 1903. 229

S. 2 2.—Mr. Hydrick: A Bill to regulate the daily hours of service of employees of railroads and railway companies doing business in this State. The B ill was read the second time. After d ebate by Messrs. HYDRICK, SHEPPARD, J. W. RAGS DALE. RAYSOR, HOUGH, McIVER. G. W. RAGSDALE and MARSHALL, Mr. M ANNING moved that the Bill and reports thereon be laid upon the table. The q uestion was taken on agreeing to the motion of the Senator from Sumter, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Butler, Dennis, Douglass, Forrest, Hardin, Hay, Herndon, Hood, Hough, Manning, Mayﬁeld, McCall, McIver, Raysor, Sharpe, Sheppard, von Kolnitz, Walker, Williams—2o. Nays—Messrs. A ldrich, Brice, Carpenter, Davis, Goodwin, Hy drick, Johnson, Marshall, Mower, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Stackhouse, Stanland—I4. So t he motion to indeﬁnitely postpone was adopted. GENERAL O RDERS. SECOND READING BILLS.

S. I 62.——Mr. Aldrich: A Bill to provide for the reindexing of the recordsf o Barnwell County. The Bill was read and ordered placed on the Calendar for a third reading. Mr.. J W. RAGSDALE moved that the Senate adjourn. Upon a d ivision being had, the vote stood ayes IO, nays IO. The P RESIDENT voted aye, and the Senate, at 2.30 o’clock P. adjourned.

Thursday, F ebruary 5, 1903.

The S enate assembled at 12 M., the hour to which it stood ad j0urned, and- was called to order by the PRESIDENT. 230 J OURNAL OF THE SENATE.

The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. GOODWIN, the further reading of the Journal was dispensed with.

APPOINTMENTS. The P RESIDENT announced that he had appointed Mr. J. S. Brice, Senator from York, of the Committee on the part of the Sen ate in relation to publications of Supreme Court Reports. And, Under S ec. 603, CriminalCode of S. C., providing for the appoint ment of a Committee to quarterly examine the books and ﬁnancial transactions o f the State Dispensary, the Chair appoints on the part of the Senate for the year 1903 the Senator from Lexington.

RESOLUTION.

By M r. JOHNSON: Resolved, T hat the Hon. the Speaker and members of the House of Representatives be invited to attend in the Senate Chamber at 2 o’clock P. M., this day, for the purpose of ratifying Acts. Upon i mmediate consideration the Resolution was adopted, and an invitation sent to the House accordingly.

REPORTSF O COMMITTEES.

Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted an unfavorable report on ' S. 1 5. Mr. Ragsdale: A Bill to amend Section 1851 of the Code of Laws of South Carolina, 1902, Volumes I and 4, conﬁne the amend ment to certain charters heretofore granted by the Secretary of State. Ordered f or consideration to—morrow. ' .Mr. G W. RAGSDALE, from the Committee on Incorporations, submitted an unfavorable report on S. 6 4._-Mr. von Kolnitz: A Bill to amend the charter of the town of Moultrieville, Sullivan’s Island. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Finance, submitted report, by substitute, on THURSDAY, F EBRUARY 5, 1903. 231

S. 6 5.—Mr. J. W. Ragsdale: A Joint Resolution to refund to Mrs. Carrie Hallford, of Florence County, $36.03 as a rebate on taxes i-m properly paid. Ordered f or consideration to-morrow. ' Mr. M A YFIELD. from the Committee on Judiciary, submitted an unfavorable report on ~ S. 8 9.—Mr. Stanland: A Bill to amend Section 258 of the Civil Code, Volume 1, Code of Laws of South Carolina, 1902, relating to primary elections. Ordered f or consideration to-morrow. Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted a report, without recommendation, on S. 1 3o—Mr. Manningz‘A Bill to amend Sections 1846 and 1929 of Volume 1, Civil Code of South Carolina, regulating annual meet ings of corporations. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a re port, recommending that the Bill be continued until next session, on S. 1 31.-—Mr. Aldrich: A Bill to preserve the game, fish, shell fish and terrapin in and on the public lands and waters of the State, and to provide a revenue therefrom for the benefit of the citizens of the State. ' Ordered f or consideration to-morrow. Mr. v on KOLNIT Z, from the Committee on Mines and Mining, submitted a favorable report on .H. R 133.—Mr. Glover: A Bill to abolish the office of Phosphate Inspector and to devolve the duties heretofore imposed on him on the State Geologist. ' Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, without recommendation, on S. 1 35.-—Mr. Aldrich: A Bill to regulate the itinerant traffic in horses and to prevent the spread of disease. Ordered f or consideration to-morrow. Mr. A LDRICH, from the Committee on the Dispensary, submit- . ted a favorable report, with amendments, on S. 1 4I.-—Mr. Marshall: A Bill to authorize the State Board of Directors to grant privileges for the establishment of breweries and distilleries in cities above twenty thousand inhabitants, and wthin one-quarter of a mile thereof. Ordered f or consideration to—morrow. 282 J OURNAL OF THE SENATE,

Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. I 43.—~Mr. Warren: A Bill to amend Section 2176, of Volume 1, Civil Code of South Carolina, relating to the liabilities of the rail— roads for loss or damage of freight. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 1 44.—Mr. von Kolnitz (by request) : A Bill to amend Chapter LXXXIX., of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter and by adding certain Sections thereto. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on - S. 1 45.—Mr. Walker: A Bill to amend Section 20 of the Code of Civil Procedure, fixing the times for holding of the Circuit Courts of the Third Judicial Circuit. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a. favorable report on S. 1 50.—-Mr. Marshall: A Bill to amend Section 115 of the Crim inal Code (being volume 2 of Laws of 1902), so as to fix the age of consent at sixteen years. Ordered f or consideration to-morrow. Mr. A LDRICH, from the Committee on Dispensary, submitted a favorable report, with amendments, on S. 1 5I.——Mr. Marshall: A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen— sary Law, so as to allow wholesale druggists to sell alcohol without profit to licensed druggists. Ordered f or consideration to—morrow. Mr. A LDRICH, from the Committee on the Dispensary, submit— ted a majority favorable and a minority unfavorable report, on S. 1 61.-~Mr. Hood: A Joint Resolution to appoint a Committee to investigate the management of the State Dispensary. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 1 64.—-\'Ir. von Kolnitz: A Bill to amend Section 278 of the Criminal Code, 1902, by making certain offenses in connection with THURSDAY, F EBRUARY 5, 1903. 233 party r egistration and primaries misdemeanors, and prescribing pen— alties therefor. Ordered f or consideration to-morrow. Mr. H OUGH, from the Committee on Penal and Charitable Insti tutions, submitted a favorable report on .H. R 179—Mr. Youmans: A Bill disposing of surplus funds in the hands of the'Commissioners of the Home of the Poor, of Hamp ton County. Ordered f or consideration to-morrow. ‘ Mr. A LDRICH, from the Committee on the Dispensary, submit ted minority unfavorable. majority favorable, report, on S. 1 93.-—Mr. Hood: A Bill to amend Section 556 of the Criminal Code of 1902, so as to increase the number of members of the Board - of Directors of the Seate Dispensary from three to seven members, and to require bonds of same. Ordered f or consideration to-morrow. Mr. A LDRICH, from the Committee on the Dispensary, submit ted a majority favorable, minority unfavorable, report, on S. 1 94.—Mr. Hood: A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof. Ordered f or consideration to—morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on S. 1 96.-—Mr. McIver: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the laws of certain mortgages. Ordered f or consideration to—morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 1 95.—Mr. Hood: A Bill to amend Section 556 of the Criminal Civil Code, 1902, by prescribing certain qualification for voters on and certain regulations in connection with party registration for pri— mary elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. Ordered f or consideration to-morrow. Mr. A LDRICH, from the Committee on Military, submitted a report on . The M essage of his Excellency the Governor, relating to the Chickam-auga monument, by Bill: 234 J OURNAL OF THE SENATE,

S. 2 19.—\'Ir. Aldrich: A Bill to provide for repairing the monu ment erected by the State upon the battle field of Chickamauga. Read t he first time by its title and ordered for consideration to morrow. Mr. J OHNSON, from the Committee on Enrolled Bills, reported the following Bills as correctly enrolled and ready for ratification: S. 4 .—-To amend Section 2853, Vol. 1, of Civil Code. S. 5 3.—To define the limits of the school district of the town of Greenwood, designated as Number 18, and to validate the election of Trustees therein. S. 5 9.-—To declare certain bonds issued by the corporate authori ties of Pickens and Wise Townships, in Edgefield County, to be valid and legal obligations of said townships respectively, and to provide for payment of the same. S. 4 2.——To authorize and empower the Trustees of the school dis trict of the town of Greenwood, Number 18, to order an election and to issue coupon bonds of said school district for school purposes. Received a s information. Mr. S HARPE, from the Committee on Dispensary, to whom was referred the report of Committee appointed by Governor McSweeney to examine the books and accounts of the South Carolina State Dis pensary for the fiscal year ending November 30, 1902, respectfully report that they have duly and carefully considered the same, and recommend that the same be received as information and printed in the Journal. Upon i mmediate consideration the report was adopted. Columbia, S . C., January 17, 1903. To H is Excellency Miles B. McSweeney, Governor, Columbia, S. C. Sir:y B virtue of authority derived from your commissions, dated at Columbia, S. C., November 25, 1902, creating us an expert Com mittee of accountants to make examination of the books of accounts, vouchers, warrants, trial balances and balance sheets, invoices and entries thereof of the State Dispensary, for the fiscal year commenc ing November 30, 1901, and ending November 30, 1902, and having thlS day completed a most thorough and careful examination of every book of account, vouchers, warrants, invoices, and every matter of record connected with the State Dispensary during the past fiscal year, we now have the honor to certify to your Excellency, for such use as you may deem proper, the following report: THURSDAY, F EBRUARY 5, 1903. 235

ExHIBI'r A —ASSETS AND LIABILITIES.

Assets.

C ash in State Treasury Nov. 30, 1902 ...... $71,020.31 Teams and wagons (inventory Nov. 30, 1902) ...... 64 00 Supplies ...... 34,473 64 Machinery and ofﬁce ﬁxtures ...... 6,192 56 Contraband ...... 2,297 00 Real estate ...... 52,860 56 Merchandise, i n hands of Dispensers, Nov. 30, 1902. .. 406,195 05 Merchandise (stock at State Dispensary, Nov. 30, 1902)...... 324,323 12 Suspended accounts ...... 2,872 55 Personal accounts due State for tax advance on spirits, empty b arrels, alcohol, etc ...... 4.830 24

Total a ssets ...... $905,129 03

Liabilities.

S chool fund ...... $652,829 22 Personal accounts due by State for supplies, whiskies, wines, beer, alcohol, etc ...... 252,299 81

Total liabilities ...... $905,129 03

EXHIBIT B —PROFIT AND Loss.

Proﬁts.

G ross profits on merchandise sold during year ...... $489,834 92 Contraband seizures ...... 9,466 29 State’s share of profits on beer sold by Germania Brew ing Co., Charleston, during year ...... 1,567 90 Permit fees ...... 1,567 90 fAmount o warrants on State Treasurer issued prior to Jan. 1st, 1902, and never presented for payment, passed to credit of profit and loss ...... 82 54

Total g ross proﬁts ...... $500,953 15 236 J OURNAL OF THE SENATE,

Losses.

Supplies—bottles, c orks, labels, tin foil, lead seals, boxes, nails, s ealing wax, etc ...... $176,500 10 Insurance premiums ...... 3,709 4 o Breakage and leakage ...... 345 Freight and express charges ...... 79,127 Labor (pay rolls) ...... 24,058 28 Expense a ccount—salaries, expense of Inspectors, per diem and mileage of State Board ‘of Directors, and Legislative Committee, oﬁice supplies, lights, tele grams, postage, stock feed, printing, ice, telephone rent, e tc...... 32,003 50 Constabulary ...... 51,732 3 5 Litigation ...... 403 as Loss by robberies ...... 47o 24 Loss by ﬁre ...... 8,760 63 Worthless merchandise ...... 17 32 Revenuelicense...... 125 O O

$377,253 58

S tate’s net proﬁt for the year, passed to the credit of the School F und ...... 123,699 57

Total l osses ...... $500,953 I5 THURSDAY, F EBRUARY 5, 1903. 237

EXHIBIT C —RECEIPTS AND DISBURSEMENTS.

Receipts.

Balance i n State Treasury, Nov. 30, 1901 ...... -$ 2 4.174 83 December r eceipts ...... $235,899 82 January receipts ...... 195,040 22 February receipts ...... 156,356 22 March receipts ...... 156,224 89 April receipts ...... 159,544 93 May receipts ...... 129,740 80 June receipts ...... 129,401 89 July receipts ...... 141,709 96 August receipt-s ...... 139,354 59 September receipts ...... 207,166 40 October receipts ...... 223,340 46 November r eceipts ...... 197,510 34

Total, r eceipts for the year ...... $2,072,290 5 2

Total ...... $2,096,465 3 5

Disbursements.

December disbursements ...... $225,875 22 January disbursements ...... 189,402 15 February disbursements ...... 161,701 82 March disbursements ...... 122,078 09 April disbursements ...... 130,516 72 May disbursements ...... 144,520 63 June disbursements ...... 121,816 09 July disbursements ...... 137,373 11 August disbursements ...... 149,365 08 September disbursements ...... 130,471 99 October disbursements ...... 225,216 52 November disbursements ...... 257,107 62

Total disbursements for year ...... $2,025,445 0 4 Balance in State Treasury, Nov. 30, 1902...... 71,0201 3

Total ...... $2,090,465 3 5 238 J OURNAL OF THE SENATE,

EXHIBIT D —PURCHASES FOR FISCAL YEAR ENDING NOVEMBER 30TH, 1 902.

Whiskies, w ines, Bottles, corks, labels, beer, alcohol, wire, tin foil, lead etc. seals, boxes, nails, v s ealing wax, etc. December ...... $177,371 08 $34,351 79 January ...... 140,094 45 12,319 65 February ...... 60,508 14 6,874 86 March ...... 151,813 07 2,438 96 April ...... 80,182 42 7,108 62 May...... 151,999 96 8,265 85 June ...... 111,220 33 3,598 86 July...... 97,446 77 8.649 52 August ...... 121,697 97 11,851 98 September...... 173,062 57 18,193 73 October ...... 209,682 55 14,304 68 November ...... 189,791 46 19,315 85

Total ...... $1,664,870 77 $147,274 35

In c onclusion, we desire to say that we have found the books and accounts kept in a correct and business-like manner. For all dis bursements proper vouchers are on ﬁle and the receipts from local Dispensers and other sources balance with the books of the State Treasurer. Respectfully s ubmitted, J.. W JONES, H. R. CULLEY, Committee.

REPORT.

Mr. B RICE submitted report of Committee on Publication of Su preme Court Reports: In a ccordance with the provisions of an Act to amend Section 9 of an Act entitled “An Act to provide for the organization of the Supreme Court, to define its powers and jurisdiction, and to provide for the appointment of its officers, and to define their duties,” ap ' p roved 19th day of January, 1896. in relation to the Reporter and Reports; which Act has the following provisions: “There shall be appointed a t the present session of the General Assembly, and every THURSDAY, F EBRUARY 5, 1903. 239 two y ears thereafter, a Committee of'Three, to be composed of one member of the Senate, to be appointed by the President of the Sen ate, and two members of the House, to be appointed by the Speaker of the House, to serve for two years, whose duty it shall be to pro cure and contract, for a period of two years, with a competent pub lisher, for the publication and disposition, according to the contract, of the Advanced Sheets of Decided Cases and of the Supreme Court Reports in volumes of not less than 600 pages; the contract to fully stipulate-style of binding, type, paper, number of volumes of each edition and the method and manner of the disposition of the same, which Committee shall report to both Houses at each session. We, t he undersigned Committee appointed by the President of the Senate and Speaker of the House of Representatives respectively, submit the following report: We fi nd that the R. L. Bryan Company is publishing the Advanced Sheets and Supreme Court Reports to the satisfaction of your Com-. mittee, according to the provisions of its contract submitted with our last annual report. Respectfully s ubmitted, J. S. BRICE, Senator. JAMES R. COGGESHALL, Member of House. Received a s information and spread upon the Journal.

INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: - S. 2 13. Mr. FORREST: A Bill to authorize and empower the Trustees of the School District No. (I) one of Saluda County to order an election and to issue coupon bonds of said school district‘ for school purposes. Read t he ﬁrst time and placed on the Calendar without reference. S. 2 14.—Mr. PEURIFOY: A Bill to allow the Supervisor and County Commissioners of Colleton County to apply surplus funds to ordinary current county expenses. Read t he ﬁrst time and placed on the Calendar without reference. S. 2 15.—Mr. DOUGLASS: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and work convicts thereon, and extend the police jurisdic tions. 240 J OURNAL OF THE SENATE,

Read t he first time and referred to the Committee on Incorpora dons S. 2 16.—Mr. DENNIS: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. Read t he first time and referred to the Committee on Judiciary. S. 2 17.—-Mr. MARSHALL: A Bill to amend Section 2038 of the Code of Laws of South Carolina, 1902. Read t he first time and referred to the Committee on Railroads. S. 2 18.-—Mr. MCCALL: A Concurrent Resolution in reference to the erection of a monument to the memory of General Wade Hamp ton:

Bet i resolved by the Senate, the House of Representatives concur ring, That a Joint Committee'of Five be appointed to take into con— sideration the recommendation of the last Democratic State Conven tion in reference to the erection of a suitable monument to the mem ory of Wade Hampton; the Joint Committee to be composed of two on the part of the Senate, appointed by the President of the Senate, and three from the House of Representatives, appointed by the Speaker of the House.

Upon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives. S. 2 43.—Mr. SHEPPARD: To amend an Act entitled “An Act to amend Section 7 of an Act entitled ‘An Act to fix the times and pro vide for the holding of the Circuit Courts of the Fifth Judicial Cir_ cuit,’ approved the 9th day of March, A. D. 1896, so as to give E'dgefield County a Court of Common Pleas at the August Term of Court, and only one petit jury at said term of both Courts,” approved the 26th day of February, 1902, so as to change time of Fall Court in Edgefield and Richland Counties. Read t he first time and placed on the Calendar without reference. S. 2 44.-—\Ir. PEURIFOY: A Bill conferring certain jurisdiction upon the Trustees of Peniel Camp Ground Association, in Colleton County, and limiting the same, together with power to appoint a special Constable. ' Read t he first time and placed on the Calendar without reference. S. 2 45.-Mr. HERNDON: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commission— ers of Oconee County to pay the past indebtedness of said County ; Board of Commissioners to pledge the special tax levy herein pro vided for tolsecure the same. THURSDAY, F EBRUARY 5, 1903. 241

Read t he first time and referred to the Commitee on Finance. S. 2 46.—Mr. HERNDON: A Bill to amend an Act entitled “An Act to amend the law in relation to the names and locations of the voting precincts in the State,” approved the 29th day of February, A. D. 1902. . Read t he first time and referred to the Committee on Judiciary. S. 2 47.—~Mr. BRICE: A Bill to amend Section 2730, Civil Code of South Carolina, Vol. 1, by providing that summer and fall or win ter terms of Courts shall be held by each Circuit Judge within his own Circuit. Read t he first time and referred to the Committee on Judiciary. S. 2 48.——Mr. MARSHALL: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood Avenue, in the city of Columbia, and to extend Sumter street. Read t he first time and referred to the Committee on State Hos pital for the Insane. S. 2 49.-—Mr. MARSHALL: A Joint Resolution to authorize the Regents for the State Hospital for the Insane to purchase the Seegers property and to provide for paying for the same. Read t he first time and referred to the Committee on State Hos pital for the Insane. S. 2 5o.——Mr. SHEPPARD: A Bill to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms; to prevent contagious diseases and destroy destruc tive insects in orchards, vineyards and other places in the State.’ Read t he first time and referred to the Committee on Agriculture. S. 2 5I.-—Mr. BRICE: A Concurrent Resolution in reference to the approval of an Act to provide Courts for Spartanburg and Rock Hill by the President of the United States:

Bet i resolved by the Senate. the House of Representatives con curring, That the President of the United States he, and he is hereby, most respectfully urged to approve an Act of Congress now passed, providing for sessions of the Federal Courts for this State to be held in each of the cities of Spartanburg and Rock Hill, in this State, because of the great convenience it would afford to our citi zens, and that a copy of this Resolution be forthwith forwarded by the Clerk of the Senate to his Excellency, Theodore Roosevelt, the President of these United States, at Washington, D. C. 242 J OURNAL OF THE SENATE.

Upon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives for concurrence.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: H.. R 220.—Mr. Lyles: A Bill to incorporate the Union Manufac turing and Power Company. Read t he first time and placed on the Calendar without reference. The f ollowing Claims were received andreferred to the Committee on Claims and Grievances: H.. R 221.—James P. Carey, Special Judge, $247.10. H.. R 222.—Owen Alderman, search for Charles Jetfcoat, $51.25. .H. R 223.—Carolina National Bank, for bringing Edward Butler from State of Georgia, $34.12. .H. R 224.—James F. Izlar, Special Judge, Newberry, $178.75. H.. R 225.—James F. Izlar, Special Judge, Camden, $184.15. .H. R 226.—B. C. Watts, services Supreme Court, $9.26. H.. R 227.—-G. P. Scarborough, services agent State bringing Henry Byrd from Hamlet, N. C., on December 19, 1902, $6. .H. R 228.—T. R. Blackwell, reward for William Sullivan, $50. .H. R 229.—Carolina National Bank, W. H. Hunt, Special Judge, Anderson, $214.24. .H. R 23o.—John R. Logan, Sheriff, services Catawba Rifles, $56. H.. R 23I.—O. W..Buchanan, Special Judge, Barnwell, $231.54. H.. R 232.—James F. Izlar, Special Judge, Walterboro, $191.36. H.. R 23 3.—J. E. Swearengen, for $60, reward for George Martin; W. G. Outz, reward for capture of George Martin, $40. H.. R 234.—J. D. Daniels, Williamsburg County, for capture Harry C. Holloway, $64.28. .H. R 235.—R. L. Bryan & Co., for executive office, $43.20. H.. R 236.——T. W. McMillan, reward for Julian Foster, $100. .H. R 237.—-Claim of R. L. Bryan, general election printing, $48. H.. R 238.—Claim of B. M. Fewell, York County, overpaid taxes, $2.71 H.. R 239.—Claim of Mrs. S. A. Hunt, for balance due for ser vices as Auditor for Pickens County, $22.34. H.. R 240.——Claim of “New Sentinel,” for publishing proclama tion of election notice, new County of Allendale, $65.00. H.. R 241.-—Mr. Bomar: A Concurrent Resolution to permit the introduction of a Bill to incorporate the Electric Manufacturing and Power Company. THURSDAY, F EBRUARY 5, 1903. 243 Upon i mmediate consideration, the question being put, “Will the Senate agree thereto ?" the yeas and nays were taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, H ood, Hough, Hydrick, Johnson, Manning, Marshall, Mayfield, McCall, McIver, McLeod, Mower, Peurifoy, G. W. Rags dale, J. \V. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stan land, Talbird, von Kolnitz, Walker, Warren, Williams—39. Nays—None. So t he Resolution was agreed to and ordered returned to the House of Representatives with concurrence. .H. R 242.—Mr. Williams: A Concurrent Resolution to permit the introduction of a Bill to incorporate the Indianola Water Power Company. The q uestion being put, “Will the Senate agreed thereto?” the yeas and nays were taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Carpenter, Davis, Dennis, Douglass. Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, Mayfield, McCall, McIver, McLeod, Mower, Peurifoy, G. W. Rags dale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stan land, Talbird, von Kolnitz, Walker, Warren, Williams—38. Nays—None. So t he Resolution was agreed to and ordered returned to the House of Representatives with concurrence.

MESSAGE N o. 12.

In t he House of Representatives, Columbia, S. C., February 5, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it ac cepts your invitation to attend in the Senate Chamber this day, at 2 o’clock P. M., for the purpose of ratifying Acts. Very r espectfully. T. Y. WILLIAMS. Speaker pro tem. of the House.

Received a s information.

17—s. J .--(500) 244 J OURNAL OF THE SENATE,

RATIFICATION O F ACTS.

At 2 o ‘clock P. M., the Honorable the Speaker and the House of Representatives attended in the Senate Chamber, when the following Acts and Joint Resolutions were duly ratified: _ S. 4 .~—-\Ir. J. \V. Ragsdale: An Act to amend Sec. 2853, Volume I, of Civil Code. S. 5 .——Mr. Sheppard: An Act to amend an Act entitled “An Act to provide for the incorporation of towns of not less than one thou sand nor more than five thousand inhabitants.” S. 4 2.—Mr. Gaines: An Act to authorize and empower the Trus tees of the School District of the town of Greenwood, Number 18, to order an election and to issue coupon bonds of said school district for school purposes. ' S. 5 3.—.\'[r. Gaines: An Act to define the limits of the school dis trict of the town of Greenwood designated as Number 18, and to validate the election of Trustees therein. S. 5 9.—-Mr. Sheppard: An Act to declare certain bonds issued by the corporate authority of Pickens and W ise Townships, in Edgefield County. to be valid and legal obligations of said townships respect ively, and to provide for the payment of the same. H.. R 66.—Mr. Lofton: An Act granting to the United States of America the title of this State to and the jurisdiction of this State over certain lands in Charleston County needed for “Improving the inland waterways between Charleston harbor and a point opposite McClellanville,” in said County. H.. R 67.—Mr. Sinkler: An Act to refund. repay and return cer tain taxes to “The Protestant Episcopal Church of the Parish of St. Philip. in Charleston, in the State of South Carolina.” H.. R 68.—Mr. Lesesne: An Act to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. H.. R 69.--Mr. Lesesne: An Act to amend Section 2508, Vol. 1, Civil Code. 1902, limiting admission of wills as evidence. H.. R 95.—Mr. Thomas, Jr.: A Joint Resolution to authorize the Comptroller General to draw his warrant or warrants in favor of the State Printer and the State Treasurer to pay the same to an amount not to exceed the sum of six thousand dollars, upon account of amount now due to the State Printer under his contract for the public printing. .' H R. 99.-—Mr. Peurifoy: An Act to amend Section 1186 of the THURSDAY, F EBRUABY 5, 1903. 245

Civil C ode, relating to the bond of County Superintendents of Edu cation, by increasing the bond of the Superintendent of Education for Saluda County. H.. R 100.—Mr. Sinkler: An Act to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County,” approved February 20th, 1901, so as to amend Sections 3 and 4, and by adding another Section, to be known as Section 5, and in changing the numbers of said Section in conformity therewith. .H. R 108.—Mr. Kelley: An Act to provide for the transfer of certain records to the ofﬁce of Probate Judge of Lee County. .H. R 1 13.—Mr. McColl, Jr.: An Act to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein. On m otion of Mr. HOUGH, at 2.25 o’clock P. M., the Senate took a recess until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT.

FREPORTS O COMMITTEES. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on .H. R 114.—Mr. Logan: A Bill to amend the ﬁrst paragraph of Section 101 I, of Vol. I of the Code of Laws of South Carolin-a, relat ing to Magistrates for Charleston County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on - S. 1 28.—\'Ir. Marshall: A Bill to authorize a consolidation of the property, franchises and other rights of the Columbia Gas Light Company and the Columbia Electric Street Railway, Light and Power Company. Ordered f or consideration -to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted an unfavorable report on ' . S. I 37.—Mr. McIver: A Bill to authorize the Receiver of the President, Directors and Company of the State Bank or his succes 246 J OURNAL OF THE SENATE.

soro t sue the State to establish his right to certain State bonds claimed to have been lost or destroyed. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Judiciary, submitted an unfavorable report on S. 1 39.—Mr. Raysor: A Bill to provide compensation to consta bles transporting prisoners. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on S. 1 63.——Mr. Mayﬁeld: A Bill to amend Section 4 of an Act en titled “An Act to amend Sections 3 and 4 of an Act entitled ‘An Act to provide a system of county government of the several counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on.Judiciary, submitted a ' favorable report, with amendment, on S. 197.—Mr. McIver: A Bill concerning certain mortgages. Ordered for consideration to-morrow.

INTRODUCTION O F BILLS. The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 2 52.—-Mr. HYDRICK: A Bill to provide for the popular elec— tion of the Board of Trustees of the public schools of the city of Spartanburg. Read t he first time and ordered for consideration to—morrow, with out reference or printing. -. S 253.—Mr. BROWN: A Bill to authorize and provide for the erection of a new Court House for the County of Darlington, and for reindexing and otherwise perfecting the public records of said County. Read t he first time and referred to the Committee on County Of fices and Ofiicers.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following Claims, which were re— ferred to the Committee on Claims and Grievances: THURSDAY, F EBRUARY 5, 1903. 247 H.. R 254.—-Claim of the Freeman, publishing notice of election, $22.00. .H. R 255.—Claim of Mrs. S. J. Wilson, account of J. S. Wilson, deceased, as Supervisor of Horry County, $12.50. H.. R 256.-—-Claim of J. F. Bigham, publishing notices of election, $40-37 .H. R 257.—Claim of the Outlook Publishing Company, publish ing notice of election, $40.1 I. - .H. R 258.—Claim of E. O. Hall, Treasurer of Berkeley County, for services rendered previous to commission, $7.35. H.. R 259.—Claim of Spartanburg Daily Herald, publishing notice of election, $68.42.

GENERAL O RDERS.

THIRD READING BILLS.

S. 8 5.—Mr. Walker: A Bill to authorize the construction and maintenance of a dam across Kinloch Creek, in Georgetown County. The B ill was read. Mr. S HEPPARD moved to strike out the enacting words of the Bill. After d ebate by Messrs. SHEPPARD and WALKER, the motion was withdrawn. Mr. R AYSOR renewed the motion. After d ebate by Messrs. RAYSOR, ALDRICH and VON KOL NITZ, the further consideration was postponed; S. 1 21.—Mr. Gaines: A Bill to require banks having on deposit State funds to render to the State Treasurer, at designated times, statements showing balances on hand to credit of the State. The B ill was read, and, on motion of Mr. GAINES, was amended as follows: ' Sec., 1 line 2, strike out word “tenth” and insert word “fifth.” tAdd a end of Sec. 1: Provided, This shall not conflict with ex isting rule of the Financial Board requiring monthly statements from State depositories. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?” it was decided in the affirmative. S. 1 62.-—Mr. Aldrich: A Bill to provide for the reindexing of the records of Barnwell County. The B ill was read. 248 J OURNAL OF THE SENATE, The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?” it was decided in the afiidmative.

SPECIAL O RDER IMMEDIATELY AFTER THIRD READ ING BILLS AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 2 1.—Mr. Goodwin: A Bill to create the office of Oil Inspector, prescribe the amount of his salary; to establish the fees for Inspector of Oils and to provide for the disposition of such fees. The B ill was read. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?” it was decided in the affirmative. S. 2 8.—Mr. J. W. Ragsdale: A Bill to regulate and fix the lia bility of railroad companies having a relief department to its em ployees. The B ill was read. Mr. B RICE moved to strike out the enacting clause. After d ebate by Messrs. BRICE, J. \V. RAGSDALE, HAY, HERNDON and MANNING, The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Brice, Brown, Dennis, Gaines, Hardin, Hay, Hood, Mayfield, McCall, McIver, McLeod, Sharpe, Sheppard, Stanland, Walker, Williams—17. Nays—Messrs. B lake, Carpenter. Davis, Douglass, Forrest, Good win, Herndon, Hough, Hydrick, Manning, Marshall, Peurifoy, J. W. Ragsdale, Stackhouse, T'albll‘d—IS. So t he motion was adopted.

PAIRS A NNOUNCED.

Im a paired with Senator Butler. If he were present he would have voted aye, and I would have voted no. T. M. RAYSOR.

S. 1 4o.—Mr. Raysor: To provide scholarships for post-graduate study in South Carolina College. The B ill was read. Mr. M AYFIELD proposed the following amendment: FRIDAY, F EBRUARY 6, 1903. 249

Amend S ec. 4, line two, after “such,” strike out all down to “the Faculty,” on line six, and insert in lieu thereof, “of the colleges of this State.”

Pending t he consideration thereof, the further consideration of the Bill was postponed. Mr. R AYSOR moved that when the Senate adjourn, it be ad journed to meet to-morrow at 11 o’clock A. M. The m otion was agreed to. On m otion of Mr. MAYFIELD, at 10.10 o'clock P. M., the Senate adjourned.

Friday, F ebruary 6, 1903.

The S enate assembled at II A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, Whereupon on motion of Mr. JOHNSON, the further reading of the Journal was dispensed with. REPORTSF O COMMITTEES.

Mr. H AY, from the Committee on Penitentiary, submitted an un favorable report on H.. R I I6.-—Mr. Ford: A Bill to amend Section 77, Criminal Code of Souflh Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. Ordered f or consideration to-morrow. .Mr. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report, with amendments, on S. 1 26.—Mr. Douglass: A Bill to incorporate the Union Manufac turing and Power Company. Ordered f or consideration to-morrow. Mr. W ALKER, from the Committee on County Ofiices and Of ficers, submitted a favorable report on 250 J OURNAL OF THE SENATE. S. I 59.—Mr. Davis: A Bill to provide for building a jail for Clar endon County, to authorize the borrowing of money therefor, and to provide for the repayment thereof. Ordered f or consideration to-morrow. Mr. H AY, from the Committee on Penitentiary, submitted a fa vorable report on H. I 76.—Mr. Efird: A Bill to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a certain parcel of land. Ordered f or consideration to-morrow. Mr.. G \V. RAGSDALE, from the Committee on Incorporations, submitted a favorable report on .H. R 180.—Mr. Morgan: A Bill to create a Board of Fire Com missioners for the city of Greenville, in this State, to define its powers and duties. Ordered f or consideration to-morrow. Mr. W ALKER, from the Committee on County Ofiices and Of— ficers, submitted a favorable report on H.. R I82.—-Mr. Kelley: A Bill to authorize and require the County Board of Commissioners of Lee County to build a jail for said County, and to levy a tax therefor. Ordered f or consideration to-morrow. Mr. W ALKER, from the Committee on Incorporations, submitted a favorable report on H.. R I83.—Mr. Magill: A Bill to provide for an additional Mag— istrate for Greenwood County, and to provide for his salary and that of his Constable. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 2 10.-—Mr. Mayfield: A Bill to establish an Industrial Com mission, and regulate the duties thereof and provide compensation therefor. Ordered f or consideration to-morrow. .Mr. G \V. RAGSDALE, from the Committee on Incorporations, submitted a favorable report, with amendments, on S. 2 15.—Mr. Douglass: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and work convicts thereon, and extend the police jurisdictions. Ordered f or consideration to-morrow. S. 2 18.—Mr. McCall: A Concurrent Resolution in reference to FRIDAY, F EBRUARY 6, 1903. 251 the e rection of a monument to the memory of General Wade Hamp ton: Returned w ith concurrence. \Nhereupon t he PRESIDENT appointed Hon. C. S. McCall, Sen— a-tor from Marlboro. and Hon. ]. Q. Marshall, Senator from Rich land, of the Committee on the part of the Senate. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 2 45.—Mr.' Herndon: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Oconee County to pay the past indebtedness of said County; Board of Commissioners to pledge the special tax levy herein provided for to secure the same. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 2 50.—Mr. Sheppard: A Bill to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms; to prevent contagious diseases and destroy destructive insects in orchards, vineyards and other places in the State. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: . S. 2 60.—Mr. FORREST: A Bill to confirm the title to certain land made by the County Board of Commissioners of Saluda County. Read t he first time and placed on the Calendar without reference. .‘ S 26I.—Mr. RAYSOR: A Bill to amend an Act entitled “An Act to provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein. Read t he first time and placed on the Calendar without reference. S. 2 62.—Mr. STACKHOUSE: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the estab lishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, I894, so as to increase the limit of special tax and so as to provide for the purchase of 252 J OURNAL OF THE SENATE, grounds a nd houses, and for building and equipping houses, and to provide for contingent fee. Read t he first time and placed on the Calendar without reference or printing, and made a Special Order for 12 o’clock M. to-morrow. S. 2 63.—Mr. PEURIFOY: A Bill to provide a salary for Deputy Sheriff of Colleton County. ' Read t he first time and placed on the Calendar without reference. S. 2 64.—Mr. J. W. RAGSDALE: A Bill (with a memorial) to extend the jurisdiction of the Board of Health of Florence so that the same may include all cemeteries lying adjacent to such city. Read t he first time and placed on the Calendar without reference. S. 2 65.—Mr. PEURIFOY: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commis sioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Com missioners to pledge the levy for ordinary County purposes for the year 1903 to secure the same. Read t he first time and referred to the Committee on Finance. S. 2 66.--Mr. RAYSOR: A Bill to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds, and erecting and maintaining a public school building, and to provide for the interest accruing thereon," approved 27th February, 1902. Read t he first time and ordered for consideration to-morrow.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 5 2.—Mr. Hay: A Bill to amend an Act entitled “An Act vesting all the right and title of the State in or to the Wateree Canal in the owners of land adjacent thereto, severally,” approved December 24, A. D. 1892, and Acts amendatory thereof. Returned u pon request. On m otion of Mr. HAY, the Bill was laid upon the table. S. 2 12.—Mr. Hay: A Concurrent Resolution to provide for the appointment of a Committee to examine the accounts, vouchers and books of the penal and charitable institutions of this State. Returned w ith concurrence. Mr. H AY, Chairman of the Committee on Penal and Charitable Institutions, FRIDAY, F EBRUARY 6, 1903. 253

To t he Hon. Jno. T. Sloan, President of the Senate: The C ommittee on Penal and Charitable Institutions of the Senate respectfully recommend that Senator W. C. Hough be appointed the member, from the Senate, of the Joint Committee appointed to ex amine the accounts, vouchers and books of the penal and charitable institutions of the State. I.. T HAY, .E. L HERNDON, JNO.. K HOOD, O.. P GOODWIN, .GEO. F VON KOLNITZ, In, JAS. E. PEURIFOY. Whereupon t he PRESIDENT appointed Hon. W. C. Hough, Sen ator from Lancaster, of the Committee on the part of the Senate.

MESSAGE N 0. 13.

In t he House of Representatives, Columbia, S. C., February 5, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed, on Concurrent Resolution. Mr. McColl, as to erecting a suitable monument to the memory of Gen. Wade Hampton, Messrs. Moses, Seabrook and Morgan. ' Very r espectfully, T. Y. WILLIAMS, Speaker pro tem. of the House. Received a s in formation.

UNFINISHED B USINESS.

The S enate proceeded to the consideration of S. 85.—-Mr. Walker: A Bill to authorize the construction and maintenance o f a dam across Kinloch Creek, in Georgetown County. After further debate by Messrs. HAY, WALKER, SHEPPARD and M ANNING, Mr. STANLAND moved to continue the Bill until the next ses sion. . Mir. WALKER moved to lay that motion on the table. The question was taken on agreeing to the motion of the Senator 254 J OURNAL OF THE SENATE, from G eorgetown, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—~Messrs. B lake, Brice, Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hough, Hydrick, Johnson, Manning, Marshall, Mayfield, McCall, McDer mott, McIver, McLeod, Peurifoy, G. W. Ragsdale, Sharpe, Shep pard, Stackhouse, Talbird, Walker. Williams—31. ‘Nays——Messrs. A ldrich, Brown, Mower. Raysor, Stanland, von Kolnitz—6. So t he motion was adopted. The q uestion recurring upon the motion of the Senator from Orangeburg to strike out the enacting words of the Bill. The q uestion was taken on agreeing to the motion of the Senator from Orangeburg, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Brown, Dennis, McIver, McLeod, Mower, Raysor, von Kolnitz—8.. Nays—Messrs. B lake, Brice, Butler, Carpenter, Davis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hough, Hydrick, Johnson, Manning, Marshall, Mayfield, McCall, McDermott, Peuri foy, G. W. Ragsdale, Sharpe, Sheppard, Stackhouse, Stanland, Tal bird, Walker, Williams—29. So t he motion was lost. The B ill was read, and, on motion of Mr. MOWER, was amended as follows: Addt a end of Section 1 the following proviso: “Provided, That the said A. A. Springs and St. I. M. Lachicotte, copartners doing business under the firm name of S. M. Ward & C0., shall be liable for all such damages as may be established in any Court of competent jurisdiction by any land owner claiming that his land 'has been dam aged by reason of the erection of said dam.” The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives ?” it was decided in the affirmative.

RECONSIDERATION.

Mr. B ROWN moved to reconsider the vote whereby the enacting clause of S. 2 8.—Mr. J. W. Ragsdale: A Bill to regulate and ﬁx the liability of railroad companies having a relief department to its employees. Was s tricken out. FRIDAY, F EBRUARY 6, 1903. 255

The m otion to reconsider was agreed to. The B ill was read the second time. The q uestion was taken on agreeing to the passage of the Bill, on which the yeas and nays were demanded and taken, resulting as fol lows: Yeas—Messrs. B lake, Carpenter, Davis, Douglass, Forrest, Good win, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Marshall, McDermott, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Raysor, Stackhouse, T albird, von Kolnitz—zl. Nays—Messrs. A ldrich, Brice, Brown, Butler, Dennis, Gaines, Hardin, Hay, Mayfield, McCall, McIver, McLeod, Sharpe, S'heppard, Stanland, Walker, Williams—17. So t he Bill was passed and ordered placed on the Calendar for a third reading. Mr. G OODVVIN moved to reconsider the vote whereby S. 2 1.—Mr. Goodwin: A Bill to create the office of Oil Inspector, prescribe the amount of his salary; to establish the fees for Inspector of Oils and to provide for the disposition of such fees, Has p assed its third reading and been ordered sent to the House of Representatives, which was agreed to. The B ill was read, and on motion of Mr. GOODWIN, the amend ments proposed by the Committee were adopted, to wit: That S ection 3 be amended so as to read as follows: “For t he purpose of enforcing the provisions of this Act, the Gov ernor shall appoint one Inspector of Oil for a term of two years, at a salary of one hundred dollars per month, and his actual expenses While engaged officially, which shall be paid by the State Treasurer upon a warrant drawn by the Comptroller General: Provided, Such Inspector shall furnish monthly an itemized sworn statement of his expenses to the Comptroller General.” That S ection 8 be amended by striking out after the word “Inspec tor” the words “is entitled to” and inserting “shall ;” and said Section be further amended by adding word ‘fhalf” between words “one” and “cent.” That said Section be further amended by inserting after word “report,” the words “to the Comptroller General.” That S ection 9 be amended as follows: by striking out after word “furnish” the words “each of,” and by striking out “Inspectors” and inserting “Inspector.” The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives P” it was decided in the affirmative. 256 J OURNAL OF THE SENATE, GENERAL O RDERS. SECOND READING BILLS.

S. 2 3.—Mr. Stackhouse: A Bill to amend Section 2066 of the Civil Code (Code of Laws 1902), so as to repeal the provision requiring railroad, express and telegraph companies to pay the expenses, in cluding salaries and salary of Clerk of the Railroad Commissioners, but retaining the provision for their free transportation. On m otion of Mr. STACKHOUSE, the Bill was laid upon the table. S. 5 0.—Mr. Johnson: A Bill to dispose of certain school funds arising from Dispensary profits, so as to aid schools in districts finan— cially weak. On m otion of Mr. RAYSOR, the Bill was made the Special Order for Monday next, after the morning hour. S. 5 8.—Mr. Herndon: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved 26th day of February, A. D. 1902. (Favorable, with amendment.) The B ill was read, and, on motion of Mr. GAINES, the amend ments proposed by the Committee were adopted, to wit: Section I , line 20, strike out word “two” and insert word “four.” Section 2 , line 5, strike out word “fifty” and insert words “twenty five.” Ordered p laced on the Calendar for a third reading. S. 6 5.——Mr. J. W. Ragsdale: A Joint Resolution to refund to Mrs. Carrie Hallford, of Florence County, $36.03 as a rebate on taxes im properly paid (by substitute.) The B ill was read and the substitute proposed by the Committee was adopted, to wit: A J oint Resolution to require the Treasurer of the State of South Carolina and the Treasurer of Florence County to refund to Carrie P. Hallford certain taxes. Bet i resolved by the General Assembly of the State of South Carolina: SECTION I . That the State Treasurer be, and \he is hereby, author— ized and directed to refund to Carrie P. Hallford, of Florence County. the sum of thirteen dollars and fifty cents ($13.50), taxes wrongfully paid to the State for the years 1893 to 1901, inclusive, out of any funds in the State Treasury not otherwise appropriated, and to take the receipt of Carrie P. Hallford therefor, which said FRIDAY, F EBRUARY 6, 1903. 257 receipt s hall be a proper and sufficient voucher of the State Treasurer therefor. SEC.. 2 That the County Treasurer of Florence County be, and he is hereby, authorized and directed to refund to the said Carrie P. Hallford the sum of $7.69, taxes wrongfully paid to the said County for the years 1893 to 190I, inclusive. out of the general fund of the said County; and also the sum of $14.85, the same being the amount of the school portion of the taxes for the fiscal years 1893 to 1901, inclusive. out of the general school funds of the said County, and to take receipt of the said Carrie P. Hallford therefor, which said re ceipt shall be proper and sufficient vouchers of the said County Trea— surer for the same. Ordered p laced on the Calendar for a third reading. .H. R II4.-——M1'. Logan: A Bill to amend the first paragraph of Section 1011 of Vol. I. of the Code of Laws of South Carolina, re lating to Magistrates for Charleston County. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 28.-—Mr. Marshall: A Bill to authorize a consolidation of the property, franchises and other rights of the Columbia Gas Light Company and the Columbia Electric Street Railway, Light and Power Company. The B ill was read and ordered placed on the Calendar for a third reading. S. I 3 I.-—Mr. Aldrich: A Bill to preserve the game, fish, shell fish and terrapin in and on the public lands and waters of the State, and to provide a revenue therefrom for the benefit of the citizens of the State. The r eport of the Committee that the Bill be continued until the next session of the General Assembly was adopted. .H. R I 33.—Mr. Glover: A Bill to abolish the office of Phosphate Inspector, and to devolve the duties heretofore imposed on lhim on the State Geologist. The B ill was made the Special Order for Tuesday next, at one o’clock P. M. S. I 3 8.—-Mr. McLeod: A Joint Resolution to provide for a special assessment of real property in Lee County. The J oint Resolution was read and ordered placed on the Calendar for a third reading. S. I 44.—-Mr. von Kolnitz (by request) : A Bill to amend Chapter 89 of the Civil Code of South Carolina of 1902, relating to the City 258 J OURNAL OF THE SENATE, fCourt o Charleston, by changing the title of said chapter and by adding certain Sections thereto. I The B ill was read, and, on motion of Mr. VON KOLNITZ, was amended as follows: Amend S ec. 2781, line 33, at end. after word “shall,” add “upon the passage of this Act and hereafter.” Ordered p laced on the'Calendar for a third reading. S. 1 46.—Mr. Manning: A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. The B ill was read, and, on m'otion of Mr. MANNING, was amended as follows: .Sec. 2 By striking out “Trustees” and inserting in lieu thereof “Commissioners.” Amend S ec. 2, line 2: Strike out “majority” and insert in lieu thereof “one—third.” Amend S ec. 3, line 4: Strike out “Trustees” and insert in lieu thereof “Commissioners;” line 6: strike out “Trustees” and insert “Commissioners.” Amend S ec. 3, line 10: Strike out “said bonds and” and insert “the,” and add after “coupons,” “of the said bonds.” Amend S ec. 5, line 1, by striking out “Trustees” and insert “Com missioners.” Ordered p laced on the Calendar for a third reading. ' S. 1 5o.—Mr. Marshall: A Bill to amend Section 115 of the Crim inal Code (being Volume 2, of Laws of 1902), so as to fixe the age of consent at sixteen years. The u nfavorable report was adopted and the Bill rejected. S. 1 63.—Mr. May'field: A Bill to amend Section 4 of an Act en titled “An Act to amend Sections 3 and 4 of an Act entitled ‘An Act to provide a system of county government of the several counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. (Favorable, with amendments.) The B ill was read, and, on motion of Mr. MAYFIELD, the Com mittee amendments were adopted, to wit: In t itle, line 7, strike all after “1896.” Section 1 , page 2, line 3, after “district” strike out balance of pro posed amendment. ,Page 6 line 12, strike out all after the word “districts,” begining FRIDAY, F EBRUARY 6, 1903. 259 with t he words “Provided, however,” down to the word “Provided,” on page 7, line 10. Ordered p laced on the Calendar for a third reading. .H. R 166.—Mr. Gaston: A Bill to authorize and empower the Trustees of Court House School District, in Chester County, to order an election and issue coupon bonds of said school district for school purposes. The B ill was read, and, on motion of Mr. HERNDON, was amended as follows: In t itle thereof by inserting after word “Trustees” the word “of School District No. 1.” In B ill, on line 1, Section 1, by inserting after word “Trustees” the words “of School District No. I.” Ordered p laced on the Calendar for a third reading. .H. R 167.—Mr. Kelley: A Bill to authorize the Bishopville Graded School District No. 1 to issue bonds for the purpose of erect— ing a building for the public schools, and to provide for the payment thereof. The B ill was read and ordered placed on the Calendar for a third reading. .H. R I79.—Mr. Youmans: A Bill disposing of surplus funds in the hands of the Commissioners of the Home of the Poor, of Hamp ton County. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 184.—Mr. Jeremiah Smith: A Bill to provide for the special election in Horry County on the question of the stock law. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 186.—Mr. Bomar: A Bill to validate and confirm all acts of the city of Spartanburg in relation to the issuance of certain street improvement bonds, and to make provision for the payment of inter est on such bonds and for retiring them at maturity. The B ill was read and ordered placed on the Calendar for a third reading. ‘ ‘ H.. R 187.—Mr. Hendrix: A Bill to authorize and require the Comptroller General to refund to the executors of John T. Young blood any amount paid in excess to the amount due.. The B ill was read and ordered placed on the Calendar for a third reading.

18—s. J .—(500) 260 J OURNAL OF THE SENATE,

H.. R I89.—Mr. Russell: A Bill to provide for the erection of a new jail for Berkeley County. The B ill was read and ordered placed on the Calendar for a third reading. ' Mr. D ENNIS gave notice of amendments on third reading. H.. R 190.—Mr. Kelley: A Bill to authorize the Commisisoners of the Sinking Fund to lend funds to the County Board of Commission ers of Lee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment of the same. The B ill was read and ordered placed on the Calendar for a third reading. S. 1 95.—Mr. Butler: A Bill to empower the Sinking Fund Com mission of Cherokee County to retire and refund bonds of said County and fixing compensation of said Commission. (Without reference.) . The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: Addt a end of Sec. 3 the following: “to be paid from the ordinary funds of said County on the warrant of the County Supervisor.” Ordered p laced on the Calendar for a third reading. S. 2 05.—Mr. Mayfield: A Bill to authorize the Town Council of Bamberg to make expenditures on the public highways. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. S. 2 13.—Mr. Forrest: A Bill to authorize and empower the Trus tees of the School District No. I of Saluda County to order an elec tion and to issue coupon bonds of said school district for school pur poses. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. S. 2 14.—Mr. Peurifoy: A Bill to allow the Supervisor and County Commisisoners of Colleton County to apply surplus funds to ordi nary County expenses. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. S. 2 43.—Mr. Sheppard: A Bill to amend an Act entitled “An Act to amend Section 7 of an Act entitled ‘An Act to fix the time and provide for the holding of the Circuit Courts of the Fifth Judicial Circuit,’ approved 9th day of March, A. D. 1896, so as to give Edge FRIDAY, F EBRUARY 6, 1903. _ 261

ﬁeld C ounty a Court of Common Pleas at the August term of Court, and only one petit jury at said term of both Courts,” approved the 26th day of February, A. D. 1902, so as to change time of fall Court in Edgeﬁeld and Richland Counties. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. Mr. M ARSHALL gave notice of amendment on third reading. S. 2 44.—Mr. Peurifoy: A Bill conferring certain jurisdiction upon the Trustees of Peniel Camp Ground Association, in Colleton County, and limiting the same, together with power to appoint a Special Con stable. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. S. 2 52.——Mr. Hydrick: A Bill to provide for the popular election of the Board of Trustees of the public schools of the city of Spar tanburg. (Without reference.) _ reading. The B ill was read and ordered I placed on the Calendar for a third

Mr. H YDRICK gave notice of amendments on third reading. LEAVEF O ABSENCE. Mr. M CLEOD asked and obtained leave of absence for the Senator from Cherokee for one day. At 2 .05 o’clock P. M., on motion of Mr. SHEPPARD, the Senate took a recess until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT.

FREPORTS O COMMITTEES.

Mr. J OHNSON, from the Committee on Commerce and Manufac tures, submitted several reports on S. 4 9.—Mr. Johnson: A Bill to provide against strikes, lockouts and similar troubles. Ordered f or consideration to-morrow. 262 J OURNAL OF THE SENATE,

Mr. H YDRICK, from the Committee on Railroads and Internal Improvements, submitted a special report on S. 5 4.—Mr. J. W. Ragsdale: A Bill to require the free transpor tation of certain officials by common carriers of passengers in this State. On i mmediate consideration, the report was adopted and the Bill laid on the table, with permission to withdraw the same from the ﬁles of the Senate. Mr. M OWER, from the Committee on Judiciary, submit-ted an unfavorable report on S. 8 3.—Mr. Brice: A Bill to enable foreign receivers, executors and administrators to maintain actions in the Courts of this State in certain cases. On i mmediate consideration, the unfavorable report was adopted and the Bill rejected. 7 Mr. M OWER, from the Committee on Judiciary, submitted an unfavorable report on S. 9 1.-—Mr. Goodwin: A Bill to provide for the indexing of all written agricultural labor contracts. Ordered f or consideration to-morrow. Mr. B RICE, from the Committee on Railroads and Internal Im provements, submitted an unfavorable report on S. 9 2.—Mr. Goodwin: A Bill to require the ofﬁcers and agents of the Columbia, Newberry and Laurens Railroad Company to widen a certain highway in the city of Laurens. ' Ordered f or consideration to-morrow. Mr. W ILLIAMS, from the Committee on Medical Affairs, sub mitted an unfavorable report on ‘ S. 1 03.—Mr. Sharpe (by request) : A Bill to require the Superin tendent of the Penitentiary to furnish cadavers to the State Board of Health for certain purposes. On i mmediate consideration, the unfavorable report was adopted and the Bill rejected. Mr. W ILLIAMS, from the Committee on Medical Affairs, sub mitted a favorable report on S. 1 04.—Mr. SHARPE (by request): A Bill to provide for a State Bacteriologist. Ordered f or consideration to-morrow. Mr. W ILLIAMS, from the Committee on Medical Affairs, sub mitted an unfavorable report on FRIDAY, F EBRUARY 6, 1903. 263

S. 1 05.—l\-Ir. Sharpe (by request) : A Bill to require town and city authorities to furnish certain vital statistics and information. On i mmediate consideration. the unfavorable report was adopted and the Bill rejected. .\Ir. M OWER, from the Committee on Judiciary, submitted a fa— vorable report, with amendments, on S. I 54.—Mr. Talbird: A Bill to amend Section 1814 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), so as to correct a typographical error therein. ' Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a fa vorable report on S. 1 55.—Mr. Talbird: A Bill to amend Section 7 of the Code of Laws of South Carolina, 1902, Volume 1, Civil Code, as to condem nation of lands for public uses of the United States. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Judiciary, submitted a fa vorable report, with amendment, on S. 1 56.—\Ir. Talbird: A Bill to amend Section 1857 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), to correct a typographical error therein. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a fa vorable report on S. 1 57.—Mr. Talbird: A Bill to amend the Code of South Caro lina. 1902, Volume 1 (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a fa vorable report, with amendment. on ' S. 1 58.—Mr. Talbird: A Bill to amend Sub-division 6 of Section 402in same. of the Code of Civil Procedure, I to correct a typographical error

Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on H.. R 169.-—Mr. Middleton: A Bill to repeal an Act entitled “An Act to incorporate the town of Scotia, in Hampton County," ap proved December 19th, 1902. Ordered f or consideration to-morrow. 264 J OURNAL OF THE SENATE, Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on H.. R 17I.—Mr. Moses: A Bill to change and designate certain townships in Sumter County, and to provide for changing the regis tration certificate. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on' H.. R 173.—Mr. Haskell: A Bill to fix the time for the inaugura tion of the Governor and Lieutenant Governor. Requesting t hat the Bill be referred to the Committee on Privileges and Elections, and that the Judiciary Committee be discharged from the further consideration thereof. - On i mmediate consideration, the report was adopted and the Bill referred to the Committee on Privileges and Elections. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on .H. R I76.—Mr. Gaston: A Bill to amend Section 15 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” on page 1085 of the Acts of 1902, Volume 23, Statutes at Large, by providing an increase of compensation for the Coroner of Chester County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on ' H.. R 201.—Mr. Thomas: A Bill to establish a mortuary table and make the same evidence in the Courts. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a report, without recommendation, on - S. z oo—Mr. Hay: A Bill to authorize the erection of a dam across Wateree River at Catfish Shoals. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on S. 2 16.—Mr. Dennis: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. Ordered f or consideration to-morrow. Mr. M ARSHALL, from the Committee on Railroads and Internal Improvements, submitted an unfavorable report on FRIDAY, F EBRUARY 6, 1903. 265 S. 2 17.—Mr. Marshall: A Bill to amend Section 2038 of the Code of Laws of South Carolina, 1902. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a favorable report on S. 2 46.~—Mr. Herndon: A Bill to amend an Act entitled “An Act to amend the law in relation to the names and locations of the voting precincts in the State,” approved the 29th day of February, A. D. 1902. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted an un favorable report on S. 2 47.—Mr. Brice: A Bill to amend Section 2730, Civil Code of South Carolina, Vol. I, by providing that summer and fall or winter terms of Courts shall be held by each Circuit Judge within his own Circuit. Ordered f or consideration to-morrow. r

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S.'267.—Mr. M cIVER: A Bill to divide the State into four Gene ral Sessions Circuits, to provide for separate Courts of General Ses sions, and for the election of four additional Circuit Judges. Read t he first time and referred to the Committee on Judiciary. S. 2 68.—Mr. BRICE: A Bill to amend Section 1067 of an Act en titled “An Act to amend Sections 1065, 1066 and 1067, Chapter XXII., Volume I., of the Code of Laws of South Carolina, 1902, re lating to pensions,” approved 26th day of February, A. D. 1902, re ducing the amounts of pensions 'to each class. Read t he first time and referred to the Committee on Military. S. 2 72.—-Mr. BROWN : A Bill to amend Section 1208 of the Civil Code (Vol. I, Code of Laws, 1902), so as to limit the time of elec tions provided for therein. Read t he first time and referred to the Committee on Judiciary. S. 2 73.—Mr. MCIVER: A_Bill to further regulate the purchase and sale of intoxicating liquors and beverages, and to provide for the disbursement of the profits accruing to the State arising therefrom. Read t he first time and referred to the Committee on the Dispen sary. 266 J OURNAL OF THE SENATE.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 2 51.—Mr. Brice: A Concurrent Resolution in reference to the approval of an Act to provide Courts for Spartanburg and Rock Hill by the President of the United States. Returned w ith concurrence. Received a s information. H.. R 269.—Mr. Morgan: A Bill to ratify the amendment to Sec tion II, of Article VII., of the Constitution of 1895, relating to Counties and County government. \ Read t he first time and referred to the Committee on Judiciary. H.. R 270.—Mr. Kibler: A Bill to provide for a Department of Insurance. Read t he first time and referred to the Committee on Judiciary. H.. R 271.—Mr. Mauldin (by request) : A Bill to provide for the investigation of incendiary fires and for the better prevention of ex cessive fire insurance rates. Read t he first time and referred to the Committee on Judiciary.

SPECIAL O RDERS.

The S enate proceeded to the consideration of S. 2 i—Mr. Gaines: A Bill to regulate the traffic in seed cotton and unpacked lint cotton. (Special report.) The B ill and report was read. Mr. T ALBIRD moved to indefinitely postpone the Bill. After d ebate by Messrs. TALBIRD and J. W. RAGSDALE, Mr. M ANNING moved to lay the motion to indefinitely postpone upon the table. Upon a d ivision, the vote stood: Ayes, I7; nays, 12. Mr. M C IVER proposed the following amendment: Insert S ec. 5, page 3, of printed Bill, after the word “to” on first line of said Section. the words “ginners purchasing seed cotton at regular established public gins nor to.” . After d ebate by Messrs. MCIVER, HOUGH, MCLEOD and MAYFIELD, Mr. M AYFIELD moved to lay the amendment upon the table, and decided in the aflirmative. Mr. F ORREST proposed the following amendment: FRIDAY, . FEBRUARY 6, 1903. 267

Insert a fter the word “year,’ 7 in Section 2, line 4, “except, in the Counties of Saluda, Lexington, Clarendon and Colleton, where the time shall begin August 15th and end December Ist.” After d ebate by Messrs. J. W. RAGSDALE and FORREST, Mr. B RICE moved to lay the amendment upon the table. The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Carpenter, Douglass, Gaines, Hardin, Hood, Hough, Hydrick, Johnson, Manning, Mayfield, Me Call, M cLeod, Mower, Raysor—17. Nays—Messrs. A ldrich, Davis, Dennis, Forrest, Goodwin, Hem don, Marshall, McDermott, McIver, Peurifoy, J. W. Ragsdale, Sharpe, Sheppard, Stanland, Talbird, von Kolnitz, Williams—I7. The v ote being a tie, the Chair voted nay. So t he motion was lost. The a mendment proposed by the Senator from Saluda was with drawn. Mr. H YDRICK proposed the following: yAmend b striking out “20,” wherever it occurs, and insert instead thereof “Ist.” The a mendment was adopted. Mr. T ALBIRD movedlto amend by striking out in Section 2 all after the word “issue,” on line 11, in said Section. After d ebate by Messrs. TALBIRD, HERNDON and RAYSOR, Mr. R AYSOR moved to lay the amendment of the Senator from Beaufort on the table. The q uestion was taken on agreeing to the motion of the Senator from Orangeburg. Upon a d ivision being demanded and had, the vote stood: Ayes, 19; nays, 5. So t he amendment was laid upon the table. Mr. H ARDIN proposed the following amendment: hundred.” ,Sec. 2 line 12, by striking I out “three hundred" and insert “five Mr. M CIV ER moved to lay the proposed amendment upon the table. The q uestion was taken upon the motion of the Senator from Chesterfield, and upon a division the vote stood ayes 7, nays 20. So the motion was lost. The a mendment was then adopted. 268 J OURNAL OF THESENATE,

On m otion of Mr. voiv KOLNITZ, the Bill was further amended: Insert S ec. 5, line 2, before “linters,” “Sea island cotton nor.” On m otion of Mr. DAVIS, the Bill was further amended: Sec., 2 on line 8, by inserting after the word “traffic,” the words, “Provided, That said applicant is a freeholder.” Mr. R AYSOR moved to reconsider the vote whereby the amend ment of the Senator from Clarendon was adopted. Mr. D AVIS moved to lay the motion to reconsider upon the table. Upon a d ivision being demanded, the vote stood ayes II ; nays 19. So t he motion to lay upon the table was lost. The q uestion recurring upon the motion to reconsider, it was de cided in the affirmative. ‘ The a mendment, on motion of Mr. RAYSOR, was laid upon the table. On m otion of Mr. HYDRICK, the Bill was further amended by inserting in line 3, of Sec. 5, after the word “law,” the word “or.” Mr.ON V KOLNITZ moved to reconsider the vote whereby the amendment to Section 5, proposed by him, was adopted. Which w as agreed to. ' On m otion of Mr. VON KOLNITZ, the amendment was laid upon the table. ' On m otion of Mr. VON KOLNITZ, the following was adopted as Section 6, and Section 6 was changed to Section 7: “Sec.. 6 That the provisions of this Act shall not apply to the traffic in sea island cotton.” The q uestion being put, “Shall this Bill be engrossed and read a third time P” it was decided in the affirmative.

LEAVEF O ABSENCE.

Mr. H OUGH asked and obtained leave of absence for the Senator from Kershaw until next Wednesday. Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet to-morrow at II o’clock A. M. ' The m otion was agreed to. On m otion of Mr. MARSHALL, at 10.30 o’clock P. M., the Sen— . ate adjourned. SATURDAY, F EBRUARY 7, 1903. 269

Saturday, F ebruary 7, 1903.

The S enate assembled at II A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. JOHNSON. the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &c.

Mr. M ARSHALL presented S. 2 79: Account of McCreery Brothers for gown furnished Lieu tenant Governor Sloan, $100.00. Referred t o the Committee on Contingent Accounts.

REPORTSF O COMMITTEES.

Mr. G AINES, from the Committee on Roads, Bridges and Ferries, submitted a report, without recommendation, on .H. R I47.-Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of this State,” approved the 26th day of February, 1902. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 2 07.—-Mr. Manning: A Bill to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report, with amendments, on S. 2 11.—Mr. Marshall (by requ-ect): A Bill to provide for the passage upon and payment of claims of N. W. Brooker. 270 J OURNAL OF THE SENATE,

Ordered f or consideration to-morrow. Mr. M CDERMOTT, from the Committee on County Ofiices and Officers, submitted a favorable report on S. 2 53.—Mr. Brown: A Bill to authorize and provide for the erec tion of a new Court House for the County of Darlington. and for reindexing and otherwise perfecting the public records of said County. Ordered f or consideration to—morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted favorable reports on the following Claims, which were im mediately considered and agreed to, to wit: $$FF§FWF§F wwwwwwwwww . 1 91.—Claim of \V. B. Adams. refund of taxes, $4.18. . 2 2I.—James P. Carey, Special Judge, $247.10. ' . 2 24.—James F. Izlar, Special Judge, Newberry, $178.75. . 2 25.—James F. Izlar, Special Judge, Camden, $184.15. . 2 26—13. C. Watts, services Supreme Court, $9.26. . 2 30.——John R. Logan, Sheriff, services Catawba Rifles, $56. . 23I.—O. W. Buchanan, Special Judge, Barnwell, $231.54. . 232.—James F. Izlar, Special Judge, Walterboro, $191.36. . 237.—-Claim of R. L. Bryan, general election printing, $48. . 239.—Claim of Mrs. S. A. Hunt, for balance due for ser vices as Auditor for Pickens County, $22.34. .H. R 240.—Claim of “New Sentinel,” for publishing proclama tion of election notice, new County of Allendale, $65.00. H.. R 254.—Claim of the Freeman. publishing notice of election, $22.00. H.. R 255.—Claim of Mrs. S. J. Wilson, account of J. S. Wilson, deceased, as Supervisor of Horry County, $12.50. H.. R 256.—-Claim of J. F. Bigham, publishing notice of election, &M% H.. R 257.—Claim of the Outlook Publishing Company, publish ing notice of election, $40.1 I. H.. R 258.—Claim of E. O. Hall, Treasurer of Berkeley County, for services rendered previous to commission, $7.35. .H. R 259.—Claim of Spartanburg Daily Herald, publishing notice of election. $68.42. Also t he following Claim, with amendment: H.. R 238.—Claim of B. M. Fewéll, York County, overpaid taxes, $2.71, approved for $7.01. Upon i mmediate consideration the report was adopted and re turned to the House of Representatives with amendment. SATURDAY, F EBRUARY 7, 1903. 271

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 2 74.—.\Ir. MOWER: A Bill to amend Section 1 I 19 of the Civil Code, 1902, so far. as it relates to applicants shall be required to undergo pharmaceutical examinations. Read t he first time and placed on the Calendar without reference. S. 2 75.—Mr. HOUGH: A Bill to authorize the Trustees of Gantt School District, of Anderson County, to issue bonds for the purpose of erecting a school building and equipping same. Read t he first time and placed on the Calendar without reference. S. 2 76.—.\Ir. MARSHALL: A Bill to amend Section 1038 of Civil Code of South Carolina, Volume 1, as amended by an Act en titled an Act to amend Article IVIII., relating to Magistrates, of Chapter XX., of Title I., of Part I., of Volume 1, of Code of Laws of South Carolina, 1902, approved 27th February, 1902, providing for an additional Magistrate and Constable at Olympia. Read t he first time and referred to the Committee on Judiciary. S. 2 77.—Mr. GOODWIN: A Bill to prohibit the importation of diseased stock into this State. Read t he first time and referred to the Committee on Agriculture. S. 2 78.—Mr. MOWER: A Joint Resolution to require the State Librarian to furnish certain Judges and Solicitors with copies of Code of Laws of South Carolina, 1902. _ Read t he first time and referred to the Committee on Library. S. 2 8o.—Mr. J. \V. RAGSDALE: A Bill to amend an Act entitled “An Act to provide for the election of Trustees for School District No. 16, in the County of Florence,” approved the 15th day of Febru ary, A. D. 1901, so as to further regulate the election and term of Trustees and the assessment and collection of a special tax. Read t he first time and, on motion of Mr. RAGSDALE,_placed upon the Calendar without reference or printing, and made the Spe cial Order for Monday, February 9th. 1903, immediately after the morning hour, and from day to day until disposed of. S. 2 81.—Mr. HOUGH: A Bill to repeal Section XXV. of an Act entitled “An Act to incorporate certain towns and villages, and to renew and amend certain charters heretofore granted,” passed 19th December, 1855, and to confer the power to condemn lands for streets. I Read t he first time and, on motion of Mr. HOUGH, placed upon 272 J OURNAL OF THE SENATE, the C alendar without reference or printing, and made the Special Order for Monday, February 9th, 1903, immediately after the morn ing hour, and from day to day until disposed of. S. 2 82.—Mr. MOWER: A Bill to enable the County Board of Commissioners of Newberry County to put said County on cash basis. Read t he first time and, on motion of Mr. MOWER, placed upon the Calendar without reference or printing, and made the Special Order for Monday, February 9th, 1903, immediately after the morn ing hour, and from day to day until disposed of. S. 2 83.—Mr. RAYSOR: A Bill to further regulate the appoint ment and pay of State Constables, by striking out Section 661, Civii Code (being in Volume 1, Code of Laws, 1902. page 271). Read t he first time and referred to the Committee on Judiciary.

SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 2 .—Mr. Gaines: A Bill to regulate the traffic in seed cotton and unpacked lint cotton. ‘ The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives P” it was decided in the affirmative. S. 2 8.-—Mr. J. W. Ragsdale: A Bill to regulate and fix the liability of railroad companies having a relief department to its employees. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives P” it was decided in the affirmative. .

SPECIAL O RDER AFTER THIRD READING BILLS AND FROM DAY TO DAY T HEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

On m otion of Mr. MOWER, the consideration of the following Bills, Nos. 35, 36, 37, 38, 44, 86, 111 and 112, in relation to physi cians, apothecaries and dentists, were postponed and made the Spe cial Order for Monday next, at the same hour. S. 1 4o.——Mr. Raysor: To provide scholarships for postgraduate study in South Carolina College. The B ill was read the second time. SATURDAY, F EBRUARY 7, 1903. 273 The p ending question being the motion of the Senator from An derson to indeﬁnitely postpone the Bill. After d ebate by Messrs. RAYSOR. MARSHALL, MAYFIELD, BLAKE, GAINES, BROWN, SHEPPARD, HERNDON, J. W. RAGSDALE, HOUGH, JOHNSON, HOOD and MOWER, The q uestion was taken on agreeing to the motion of the Senator from Anderson, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Carpenter, Davis, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Herndon, Hood, Hough, Johnson, McCall, McDermott, McLeod, Peurifoy, Williams—19. Nays—Messrs. B rown, Manning, Marshall, Mayﬁeld, McIver, Mower, J. W. Ragsdale, Raysor, Sheppard, Stanland, von Kolnitz— 11. So t he motion was adopted and the Bill rejected.

SPECIAL O RDER FOR FEBRUARY 7m, 1903, AT 12 O’CLOCK M. AND FROM DAY TO DAY UNTIL DISPOSED OF.

S. 2 62.—-'Mr. Stackhouse: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax, and so as to provide for the purchase of grounds and houses, and for building and equipping houses, and to provide for contingent fee. ' The B ill was read and ordered placed on the Calendar for a third reading. Mr. S TACKHOUSE gave notice of amendments on third reading.

GENERAL O RDERS.

THIRD R EADING BILLS.

The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 65.-—Mr. J. W. Ragsdale: A Joint Resolution to refund to Mrs. 274 J OURNAL OF THE SENATE,

Carrie H allford, of Florence County, $36.03, as a rebate on taxes im properly paid. S. 1 28.——Mr. Marshall: A Bill to authorize a consolidation of the property, franchises and other rights of the Columbia Gas Light Company and the Columbia Electric Street Railway, Light and Power Company. S. 1 38.—-Mr. McLeod: A Joint Resolution to provide for a special assessment of real property in Lee County. S. I 44.—Mr. von Kolnitz (by request) : A Bil to amend Chapter 89 0f the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said chapter and by adding certain Sections thereto. S. I 46.—-\’Ir. Manning: A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. S. I 63.—Mr. Mayfield: A Bill to amend Section 4 of an Act en titled “An Act to amend Sections 3 and 4 of'an Act entitled ‘An Act to provide a system of county government of the several Counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896. by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. On m otion of Mr. MAYFIELD, the Bill was amended as follows: After t he word “district,” strike out all of the remainder of the Bill. . S. 195.—Mr. Butler: A Bill to empower the Sinking Fund Com mission of Cherokee County to retire and refund bonds of said County, and fixing compensation of said Commission. S. 2 05.—Mr. Mayfield: A Bill to authorize the Town Council of Bamberg to make expenditures on the public highways. S. 2 13.—Mr. Forrest: A Bill to authorize and empower the Trus tees of the School District No. I (one) of Saluda County to order an election and to issue coupon bonds of said school district for school purposes. ' ' S. 2 14.-—Mr. Peurifoy: A Bill to allow the Supervisor and County Commissioners of Colleton County to apply surplus funds to ordinary current County expenses. S. 2 43.—Mr. Sheppard: A Bill to amend an Act entitled “An Act to amend Section 7'of an Act entitled ‘An Act to fix the time and provide for the holding of the Circuit Courts of the Fifth Judicial Circuit,’ approved 9th day of March, A. D. 1896, so as to give Edge SATURDAY, F EBRUARY 7, 1903. 275 field C ounty a Court of Common Pleas at the August term of Court, and only one petit jury at said term of both Courts,” approved the 26th day of February, A. D. 1902. so as to change time of Fall Court in Edgefield and Richland Counties. thel S. Trustees2 44.—Mr. ofPeurifoy: Peniel CampA Bill conferring Ground Association, certain jurisdiction in Colleton upon County, and limiting the same, together with power to appoint a Special Constable. On m otion of Mr. PEURIFOY, the Bill was amended as follows: By s triking out “a” and adding the letter “5” to the word Consta ble, in the title. By s triking out after the word “Association,” on line 1, Sec. 2, the word “are ;” and on line two the words “authorized by the Clerk of the Court for Colleton County, and.” S. 2 52.—Mr. Hydrick: A Bill to provide for the popular election of the Board of Trustees of the public schools of the city of Spartan burg. The f ollowing Bills having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: .H. R 1I4.—Mr. Logan: A Bill to amend the first paragraph of Section 101 I, of Vol. I, of the Code of Laws of South Carolina, re lating to Magistrates for Charleston County. H.. R I67.—Mr. Kelley: A Bill to authorize the Bishopville Graded School District No. I to issue bonds for the purpose of erect ing a building for the public schools, and to provide for the payment thereof. .H. R I79.-—Mr. Youmans: A Bill disposing of surplus funds in the hands of the Commissioners of the Home of the Poor, of Hamp ton County. H.. R 184.—Mr. Jeremiah Smith: A Bill to provide for the special election in Horry County on the question of the stock law. .H. R I86.—-Mr. Bomar: A Bill to validate and confirm all acts of the city of Spartanburg in relation to the issuance of certain street improvement bonds, and to make provision for the payment of inter est on such bonds and for retiring them at maturity. H.. R 187.--Mr. Hendrix: A Bill to authorize and require the Comptroller General to refund to the executors of John T. Young blood any amount paid in excess to the amount due. H.. R 190.—Mr. Kelley: A Bill to authorize the Commissioners of the Sinking Fund to lend funds to the County Board of Commission 19—s. J .—(500) 276 J OURNAL OF THE SENATE, ers‘of L ee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment of the same. The f ollowing Bill was read the third time, passed and ordered sent to the House of Representatives, with amendments: .H. R 166.—Mr. Gaston: A Bill to authorize and empower the Trustees of Court House School District. in Chester County, to order an election and issue coupon bonds of said school district for school Durposes.

SECOND R EADING BILLS.

S. 4 8.—Mr. Raysor: Memorial from Committee of State College Trustees. On m otion of Mr. MOWER, the Memorial was laid upon the table. S. 4 9.—Mr. Johnson: A Bill to provide against strikes, lockouts and similar troubles. (Four reports.) On m otion of Mr. JOHNSON, the Bill was made the Special Or der for Tuesday next, after the morning hour, and from day to day until disposed of. S. 9 3.-—Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. On m otion of Mr. GOODWIN, the Bill was made the Special Order for Tuesday next, after the morning hour, and from day to day until disposed of. S. 1 26.—Mr. Douglass: A Bill to incorporate the Union Manufac turing and Power Company. On m otion of Mr. MOWER, the Bill was laid upon the table. S. 1 39.-—Mr. Raysor: A Bill to provide compensation to Consta bles transporting prisoners. (Unfavorable) The u nfavorable report was adopted and the Bill rejected. S. 1 45.—Mr. Walker: A Bill to amend Section 20 of the Code of Civil Procedure, ﬁxing the times for holding of the Circuit Courts of the Third Judicial Circuit. The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. 1 53.—Mr. Marshall 1' A Bill to authorize the appointment of cer tain banking corporations or trust companies as trustees, executors, administrators, guardians, receivers or assigns. The c onsideration of the Committee amendments were postponed. SATURDAY, F EBRUARY 7, 1903. 277 The B ill was read and ordered placed on the Calendar for a third reading. S. I 54.—Mr. Talbird: A Bill to amend Section 1814 of the Code of Laws of South Carolina, 1902, Volume I (Civil Code), so as to correct a typographical error therein. The B ill was read, and, on motion of Mr. MOWER. the amend ments proposed by the Committee were adopted, to wit: In t itle, line 3, after “correct,” change “a” to “an” and strike out “typographical.” . Ordered p laced on the Calendar for a third reading, with notice of amendments. S. I 55.—Mr. Talbird: A Bill to amend Section 7 of the Code of Laws of South Carolina, 1902, Volume I, Civil Code, as to condem nation of lands for public uses of the United States. The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. I 56.—\Ir. Talbird: A Bill to amend Section 1857 of the Code of Laws of South Carolina, 1902, Volume I (Civil Code), to correct a typographical error therein. The B ill was read, and, on motion of Mr. MOWER, the amend ments proposed by the Committee were adopted, to wit: In t itle, line 3, after “correct,” change “a” to “an;” strike out “typographical.” The B ill was read and ordered placed on the Calendar for a third . reading, with notice of general amendments. S. 1 57.—-.\Ir. Talbird: A Bill to amend the Code of South Caro lina, 1902, Volume I (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons. The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. 1 58.—Mr. Talbird: A Bill to amend Sub-division 6 of Section 402 of the Code of Civil Procedure, to correct a typographical error in same. The B ill was read, and, on motion of Mr. MO\VER, the amend ments proposed by the Committee were adopted, to wit: In t itle, line 3, after “correct,” change “a” to “an,” and strike out “typographical.” The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. I 59.—M.r. Davis: A Bill to provide for building a jail for Clar 278 J OURNAL OF THE SENATE, endon C ounty, to authorize the borrowing of money therefor, and to provide for the repayment thereof. The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. S. I 6I.—-Mr. Hood: A Joint Resolution to appoint a Committee to investigate the management of the State Dispensary. On m otion of Mr. HOOD, the Joint Resolution was made the Special Order for Tuesday next, after the morning hour, and from day to day until disposed of. . .H. R 182.-——MI‘. Kelley: A Bill to authorize and require the County Board of Commissioners of Lee County to build a jail for said County and to levy a tax therefor. The B ill was read and ordered placed on the Calendar for a third reading. Y H.. R 183.—Mr. Magill: A Bill to provide for an additional Mag istrate for Greenwood County and to provide for his salarv and that of his Constable. On m otion of Mr. MAYFIELD, the Bill was referred te the Com mittee 0n Judiciary, to be considered along with other Bills upon the same subject. S. 1 93.—Mr. Hood: A Bill to amend Section 556 of the Criminal Code of 1902, so as to increase the number of members of the Board of Directors of the State Dispensary from three to seven members, and to require bonds of same. On m otion of Mr. HOOD, the Bill was made the Special Order for Tuesday next, after the morning hour, and from day to day until dis posed of. . S. 1 94.-—Mr. Hood: A Bill to amend Section 557 of Criminal Code of 1902, by striking out the proviso thereof. On m otion of Mr. HOOD, the Bill was made the Special Order for Tuesday next, after the morning hour, and from day to day until disposed of. S. 1 99.—Mr. von Kolnitz: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualiﬁcation for voters on and certain regulations in connection with party registration for pri mary elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. The B ill was read, and, on motion of Mr. VON KOLNITZ, was amended as follows: SATURDAY, F EBRUARY 7, 1903. 279

Line, 3 after word “obtain,” “for all primaries, State, County and municipal.” nAlso, o line 8, after word “election,” add “on a club roll which shall have been duly filed as hereinafter provided for.” Line 2 6, add after “club,” “The club rolls which have been so filed shall constitute the registration lists at the respective precincts in all primary elections.” Line 3 3, after word “residence.” add, “Provided, however, That neither registration certificate, nor further registration of any kind, nor payment of poll tax. shall be necessary to membership in any party club, or to voting at any primary election.” On l ine 35, strike out “of” and insert “on.” Ordered p laced on the Calendar for a third reading. S. 2 09.—.\'Ir. Hay: A Bill to authorize the erection of a darn across Wateree River at Catfish Shoals. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 15.-——Mr. Douglass: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and work convicts thereon. and extend the police jurisdictions. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 2 16.—Mr. Dennis: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 2 17.—Mr. Marshall: A Bill to amend Section 2038 of the Code of Laws of South Carolina, 1002. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 220.—-Mr. Lyles: A Bill to incorporate the Union Manu facturing and Power Company. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 2 45.—-Mr. Herndon: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Oconee County to pay the past indebtedness of said County; Board of Commissioners to pledge the special tax levy herein provided for to secure the same. , The B ill was read and ordered placed on the Calendar for a third reading. ' 280 J OURNAL OF THE SENATE,

S. 2 46.—Mr. Herndon: A Bill _to amend an Act entitled “An Act to amend the law in relation to the names and locations of the voting precincts in the State,” approved the 29th day of February, A. D. 1902. reading. The B ill was I read and ordered placed on the Calendar for a third S. 2 60.——Mr. Forrest: A Bill to conﬁrm the title to certain land made by the County Board of Commissioners of Saluda County. The B ill was read and ordered placed on the Calendar for a third reading. - S. 2 61.—Mr. Raysor: A Bill to amend an Act entitled “An Act to provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein. The B ill was read and ordered placed ,on the Calendar for a third reading. , S. 2 63.—Mr. Peurifoy: A Bill to provide a salary for Deputy Sheriff of Colleton County. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 64.—Mr. J. W. Ragsdale: A Bill (with a memorial) to extend the jurisdiction of the Board of Health of Florence so that the same may include all cemeteries lying adjacent to such city. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 66.—Mr. Raysor: A Bill to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds and erecting and maintaining a public school building, and to provide for the interest accruing thereon,” approved 27th February, 1902. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments.

LEAVEF O ABSENCE.

Mr. M CIVER asked and obtained leave of absence for the Senator from Marion for one day. Mr.. J W. RAGSDALE asked and obtained leave of absence for the Senator from Clarendon for Monday next. MONDAY, F EBRUARY 9, 1903. 281 Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet on Monday next, at 12 o’clock M. The m otion was agreed to. On m otion of Mr. HOUGH, at 2.30 o’clock P. M., the Senate ad journed.

Monday, F ebruary 9, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. ‘ The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. HYDRICK. the further reading Of the Journal was dispensed with.

MOTIONS,c &

Mr. H YDRICK moved that a message be sent to the House of Representatives requesting the return of S. 2 52.—-Mr. Hyclrick: A Bill to provide for the popular election of the Board of Trustees of the public schools of the city of Spartan burg. Which w as agreed to and a message sent accordingly. REPORTSF O COMMITTEES.

Mr. M OWER, from the Committee on Finance, submitted an unfavorable report On - .H. R 185.~—\Ir. Johnson: A Bill to amend Section 1888 of Vol. 1, Civil Code of South Carolina. by ﬁxing charter fees. On i mmediate consideration, the unfavorable report was adopted and the Bill rejected. 282 J OURNAL OF THE SENATE.

Mr. G AINES, from the Committee on Roads, Bridges and Ferries, submitted a report, without recommendation, on .H. R 204.—Mr. DesChamps: A Bill to protect highways from parallel or intersecting tramways, etc. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 2 65.—.\Ir. Peurifoy: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commission ers to pledge the levy for ordinary County purposes for the year 1903, . to secure the same. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 2 77.—\Ir. Goodwin: A Bill to prohibit the importation of dis eased stock into this State. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, made the follow ing special report, and asked that the further consideration thereof be postponed until to-morrow: The C ommittee on Finance, to whom was referred a Joint Reso lution to authorize and require the State Treasurer to write off the books in his ofﬁce certain bonds entered on said books as “Old Bonds Not Fundable (Act 1896), Blue Railroad Bonds, $37,000,” respect fully report that they have duly and carefully considered the same, and recommend that the Bill do pass, the veto of his Excellency the Governor to the contrary notwithstanding.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 2 84.-—Mr. BLAKE: A Joint Resolution to authorize and re quire the Treasurer of Abbeville County to refund to Mays Cleve land certain taxes overpaid. Read t he first time and placed on the Calendar without reference or printing. S. 2 85.—Mr. BLAKE: A Joint Resolution to provide for the pay MONDAY, F EBRUARY 9, 1903. 283 fment o $75 to J. S. Gibert, ex-Superintendent of Education of Abbeville County. I Read t he first time and placed on the Calendar without reference or printing. S. 2 86.—Mr. PEURIFOY: A Joint Resolution to authorize the County Board of Commissioners of Colleton County to approve cer tain claims for services rendered and material furnished, and to re quire the Treasurer of Said County to pay the same. Read t he first time and placed on the Calendar without reference or printing. S. 2 87.—Mr. STANLAND: A Joint Resolution to appoint a Commission to pay to Colleton County the proportion due by Dor chester County of the bonds issued by Colleton County in aid of the Green Pond, W'alterboro and Branchville Railroad, and to provide for compensation for such Commission, and for the collection of said bonds. Read t he first time and placed on the Calendar without reference or printing. S. 2 88.—Mr. JOHNSON: A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of Wagner, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town. and to employ jointly the teacher for said school, and to change the name of said district," approced 15th February, 1901, so as to require the town’s part of Dispensary profits to go to the school funds, and to provide contingent fees. Read t he first time and placed on- the Calendar without reference or printing. S. 2 89.—-Mr. McIVER: A Bill to prevent persons from riding on raidroad trains without paying fare. Read t he first time and referred to the Committee on Judiciary. S. 2 90.—Mr. ALDRICH: A Bill to authorize municipal or other corporations or individuals to lay pipes for water supply across pub lic n 1ds and non—tidal navigable streams. Read t he first time and referred to the Committee on Roads, Bridges and Ferries. S. 2 91. Mr. GAINES: A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants. Read t he first time and referred to the Committee on Education. 284 J OURNAL OF THE SENATE,

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 2 52.—.\Ir. Hydrick: A Bill to provide for the popular election of the Board of Trustees of the public schools of the city of Spartan— burg. ‘ Returned u pon request. Mr. H YDRICK moved to reconsider the vote whereby the Bill had passed its third reading. Which w as agreed to. The B ill was read, and, on motion- of Mr. HYDRICK, was amended as follows: Amend B ill No. 252, by striking out all after the enacting words and inserting the following: “Section I . That from and after the passage of this Act, all vacancies occurring and to occur in the Board of Trustees of the public schools in the school district of the city of Spartanburg shall be filled by elections in the several wards in said city by the electors residing therein who are qualified, under existing laws, to vote for such Trustees. Trustees hereafter elected shall, at the time of their election, be residents of the wards from which they are elected, and shall continue to reside therein during their terms of office. As va cancies occur in said Board, they shall be filled by elections in the wards without Trustees, in numerical order, so that each ward in said city shall finally have a member on said Board. elected by the qualified electors thereof: Provided; That unexpired terms of less than one year shall be filled in the manner now prescribed by law, but from the wards as hereinbefore provided. Sec.. 2 An election shall be held on the last Tuesday in May in each year in which the terms of office of any members of said Board expire, to fill such vacancies, and special elections, to fill other vacan cies, shall be held at such other times as shall be fixed by said Board, who shall, for the purpose of such elections, appoint three managers of election in each ward in which an election is to be held, and .elect a voting place' therein. and shall publish a notice, for at least two weeks before any election. in at least one daily newspaper of said city, giving the date of the election, the voting places in the several wards in which elections are to be held. and the names of the managers thereof: Provided, That, should the Board, for any reason, fail to publish such notice, or should the elections, for any reason. fail to be held on the dates fixed, the Board shall have the power, and it shall MONDAY. F EBRUARY 9, 1903. 285 be i ts duty, to fix other dates therefor, as soon as practicable, and give the required notice. Said Board shall make all arrangements necessary for holding such elections, and pay all expenses thereof out of the school funds of said district. , ' .“Sec. 3 The managers of election shall take the oath prescribed by the Constitution, and that they will fairly and impartially conduct such elections, and make a true and correct return and certificate of the result thereof. They shall have and exercise the same powers and duties and be subject to the same rules, regulations and laws as managers of municipal elections, and said elections shall be conducted the same as municipal elections, in so far as the rules, regulations and laws governing the same can be made applicable. The managers shall declare the result of the election and certify the same to the Chairman or Secretary of the Board of Trustees within twenty—four hours after the closing or the polls, and the said Chairman or Secre tary of said Board shall notify the persons elected of their election. Trustees so elected shall have and exercise the same powers and duties ,as Trustees elected under existing laws. “Sec.. 4 All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.” The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives ?” it was decided in the affirmative. _ H.. R 292.—Mr. W'illiams: A Bill to incorporate the Indianola Power Company. Read t he first time and placed on the Calendar without reference or printing. H.. R 293.—Mr. Peurifoy: A Bill to authorize and empower the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Saluda County and to provide repayment thereof. Read t he first time and placed on the Calendar without reference or printing. H.. R 294.—-Mr. Haskell: A Bill to authorize the appointment of certain banking corporations or trust companies, as trustees, execu tors. administrators, guardians, receivers or assignees. Read t he first time and placed on the Calendar without reference or printing. H.. R 295.—Mr. Ready: A Bill to authorize and empower the Trustees of the School District No. 1 of Saluda County to order an election and to issue coupon bonds of said school district for school purpses. 286 J OURNAL OF THE SENATE, Read t he first time and placed on the Calendar without reference or printing. .H. R 296.—Mr. Aull: A Bill to amend an Act entitled “An Act to enable and authorize School District No. 14. in Newberry County, to issue bonds for the purpose of building and erecting school houses therein.” approved February 26, A. D. 1902. Read t he first time and placed on the Calendar without reference. H.. R 297.—Mr. Aull: A Bill to amend Section 2038 of the Code of Laws of South Carolina. Read t he“ first time and placed on the Calendar without reference or printing. H.. R 298.-—Mr. DeBruhl: A Bill to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. Read t he first time and referred to the Committee on Finance. H.. R 299.—Mr. Brooks: A Joint Resolution tO authorize the Regents Of the State Hospital for the Insane to purchase the Seegers property, and to provide paying the same. Read t he first time and referred to the Committee on Finance. H.. R 3oo.——.\Ir. Brooks: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue. Read t he first time and referred to the Committee on Finance. H.. R 301.—Mr. Lide: A Bill to refund taxes overpaid by John C. Funchess. Read t he first time and referred to the Committee on Finance. H.. R 302.-—Mr. Jeremiah Smith: A Bill to authorize the Probate Judge of Horry County to pay Delphine A. Vereen. Read t he first time and referred to the Committee on Finance. H.. R 303.—Mr. Dowling: A Bill to authorize and empower Bam berg School District No. 14 of Bamberg County, in the State of South Carolina, to issue bonds for the purchase of a lot and the erec tion and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon. Read t he first time and referred to the Committee on Finance. H.. R 304.—Mr. Gaston: A Bill relating to the recordation of rail road mortgages. Read t he first time and referred to the Committee on Judiciary. H.. R 305.-—Mr. Cooper: A Bill to amend Section 816 of the Code MONDAY, F EBRUARY 9, 1903. 287 of L aws of South Carolina. Volume 1. so as to include Laurens County in the provisions of said Section. Read t he first time and referred to the Committee on Judiciary. H.. R 306.—Mr. Gaston: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien ,of certain mortgages. Read t he first time and referred to the Committee on Judiciary. H.. R 3o7.—Mr. Stackhouse: A Bill to increase the salary of the Magistrates’ Constables at Dillon, in Marion County. Read t he first time and referred to the Committee on Judiciary. H.. R 308.—Mr. Towill: A Bill to entitle Malcolm P. Harris to apply for admission to practice law. Read t he first time and referred to the Committee on Judiciary. H.. R 309.—-Mr. Hendrix: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for cotton weighers at Pickens, Easley and Liberty, in Pickens County, and Seneca, in Oconee County,’ approved February 28th, 1899,” so as to exempt the cotton weighers and purchasers at the Easley and Pickens cotton mills from the operation thereof, approved the 17th day of February, A. D. 1900, so as to include Glenwood and Liberty mills. Read t he first time and referred to the Committee on Judiciary. H.. R 310.—~Mr. Hill: A Bill to amend Section 1017 of the Code f0 Laws of South Carolina (Vol. I, Civil Code), relating to Magis trates for Colleton County, by increasing the number therein pro vided for. Read t he first time and referred to the Committee on Judiciary. H.. R 311.-—Mr. McGill: A Bill to repeal the law requiring the Magistrates of Greenwood to issue all process to the Sheriff. Read t he first time and referred to the Committee on Judiciary. H.. R 312.—Mr. Tribble: A Bill to provide for reindexing the judgment entered up in the office of the Clerk of Court for Anderson County. Read t he first time and referred to the Committee on Judiciary. H.. R 313.—Mr. Cooper: A Bill to amend Section 2432 of the Civil Code, 1902, by changing the time in which distress warrants may be issued. Read t he first time and referred to the Committee on Judiciary. H.. R 314.—-Committee Substitute: A Bill to amend Section 20 of the Code of Civil Procedure, fixing the times for the holding of the Circuit Courts of the Third Judicial Circuit. Read t he first time and referred to the Committee on Judiciary. 288 J OURNAL OF THE SENATE, .H. R 315.—Mr. Doar: A Bill to fix the amount of salary of Pro— bate Judge of Georgetown County. Read t he first time and referred to the Committee on County Of fices and Officers. H.. R 316.—Mr. McGill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. 1, 1902, relating to salaries of officers in Greenwood County. Read t he first time and referred to the Committee on County Of fices and Officers. H.. R 317.—Mr. Peurifoy: A Bill to amend Section II of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties. Read t he first time and referred to the Committee on County Of fices and Officers. H.. R 318.—Mr. Stuckey: A Bill to create an additional township in Lee County. Read t he first time and referred to the Committee on County Of fices and Officers. H.. R 3I9.—Mr. DeBi-ulil: A Bill to amend Sec. 2170 of the Civil Code, Vol. 1. Code of Laws 1902, so as to increase the penalty pro vided therein and to give one-half thereof to the person aggrieved and the other half to County. Read t he first time and referred to the Committee on Railroads and Internal Improvements. .H. R 320.——Mr. DeBruhl: A Bill to amend Sec. 2167 of the Civil Code, Vol. 1, Code of Laws 1902, so as to include baby carriages in its provisions. Read t he first time and referred to the Committee on Railroads and Internal Improvements. .H. R 321.—Mr. Bomar: A Bill to incorporate the Electric Manu facturing and Power Company of' Spartanburg. Read t he first time and referred to the Committee on Incorpora tions. . H.. R 322.—Mr. Lyles: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon and extend the police jurisdiction. Read t he first time and referred to the Committee on Incorpora tlons. MONDAY. F EBRUARY 9, 1903. 289

H.. R 323.—Mr. Cooper: A Bill to incorporate the Board of Trus tees of the Presbyterian College of South Carolina. Read t he first time and referred to the Committee on Incorpora tions. H.. R 324.—Mr. Bomar: A Bill to amend Section 1239 of Vol. '1, of the Code of Laws of South Carolina, 1902, relating to the sale of books by County Superintendents of Education. Read t he first time and referred to the Committee on Education. H.. R 325.—Mr. Morgan (by request): A Bill to authorize and empower the Trustees of the school district of the city of Greenville to order an election and to issue coupon bonds of said school district for school purposes. Read t he first time and referred to the Committee on Education. H.. R 326.—Mr. \Vingo: A Joint Resolution to authorize and re— quire the Treasurer of Abbeville County to refund to Mays Cleve land certain taxes overpaid. Read t he first time and referred to the Committee on Claims and Grievances. H.. R 327.-—Mr. James: A Joint Resolution to require the pay ment of one hundred and twenty-five dollars to Bright \Villiamson, of Darlington, for money advanced by him for the County. Read t he first time and referred to the Committee on Claims and Grievances. .H. R 328.—Mr. Dorroh: A Bill to require the Board of Trustees and Faculty of Clemson College to provide and furnish short courses of one month each in the textile department. Read t he first time and referred to the Committee on Commerce and Manufactures. H.. R 239.——Mr. Thomas: A Bill to supply bound copies of the Code of Laws of South Carolina, 1902, to certain members of the General Assembly. Read t he first time and referred to the Committee on Printing. Also, t he following Claims: S. 3 3o.—-Hampton Guardian, $72.50. S. 3 31.—E. B. Wilson, $325.14. S. 3 32.——G. M. Green and J. L. Attaway, $80.70. S. 3 33.——Dorchester Democrat, $38.48. S. 3 34.—J. M. Polatty. $7.20. S. 3 35.-—Pee Dee Advocate, $34.66. \Vhich w ere referred to the Committee on Claims and Grievances. 290 I J OURNAL OF THE SENATE,

SPECIAL O RDER IMMEDIATELY AFTER MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

On m otion of Mr. SHEPPARD, the consideration of all Special Orders was postponed until after Third Reading Bills.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: .H. R 7o.—Mr. Cooper: A Bill to provide for reindexing the pub lic records in the office of the Clerk of Court for Laurens County. .H. R 182.—Mr. Kelley: A Bill to authorize and require the County Board of Commissioners of Lee County to build a jail for said County and to levy a tax therefor. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 1 54.~—Mr. Talbird: A Bill to amend Section 1814 of the Code of Laws of South Carolina, 1902, Volume I (Civil Code), so as to correct a typographical error therein. S. 1 55.—.\lr. Talbird: A Bill to amend Section 7 of the Code of Laws of South Carolina, 1902, Volume 1, Civil Code, as to condem nation of lands for public uses of the United States. S. 1 56.—Mr. Talbird: A Bill to amend Section 1857 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), to correct a typographical error therein. S. 1 57.—Mr. Talbird: A Bill to amend the Code of South Caro lina, 1902, Volume I (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons. S. 1 58.—Mr. Talbird: A Bill to amend Sub-division 6 of Section 402 of the Code of Civil Procedure, to correct a typographical error in same. S. I 59.—Mr. Davis: A Bill to provide for building a jail for Clar endon County, to authorize the borrowing of money therefor, and to provide for the repayment thereof. MONDAY, F EBRUARY 9. 1903. 291 On m otion of Mr. DAVIS. the Bill was amended by inserting after the word- “County,” on line 5, Section 4, the word “and ;” and after the word “to,” line 6. of the same Section, the following: “the amount arising from said levy the sum of one thousand dollars of.” Civil S. 1Code, 99.—Mr. 1902, von by Kolnitz: prescribing A Billcertain to amendqualification Section for 258 voters of the on i

and certain regulations in connection with party registration for pri mary elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. S. 2 09.—-Mr. Hay: A Bill to authorize the erection of a dam across \Vateree Riv-er at Catﬁsh Shoals. S. 2 15.—Mr. Douglass: A Bill to authorize and empower Coun ties and incorporated cities and towns to own and operate rock quar ries and work convicts thereon. and extend the police jurisdictions. S. 2 45.—Mr. Herndon: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Oconee County to pay the past indebtedness of said County; Board of Commisisoners to pledge the special tax levy herein provided for to secure the same. S. 2 46.--Mr. Herndon: A Bill to amend an Act entitled “An Act to amend the law in relation to the names and locations of the voting precincts in the State," approved the 29th day of February, A. D. . 1902. S. 2 6o.—Mr. Forrest: A Bill to conﬁrm the title to certain land made by the County Board of Commissioners of Saluda County. S. 2 6I.-—Mr. Raysor: A Bill to amend an Act entitled “An Act to - provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein. S. 2 63.—Mr. Peurifoy: A Bill to provide a salary for Deputy Sheriff of Colleton County. S. 2 64.——Mr. J. W. Ragsdale: A Bill (with a memorial) to extend the jurisdiction of the Board of Health of Florence so that the same may include all cemeteries lying adjacent to such city. S. 2 66.—Mr. Raysor: A Bill to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds and erecting and maintaining a public school building, and to provide for the interest accruing thereon,” approved 27th February, 1902.

20—s. J .—(500) 292 J OURNAL OF THE SENATE,

SPECIAL O RDERS AFTER THIRD READING.

S. 2 8o.—Mr. J. \V. Ragsdale: A Bill to amend an Act entitled “An Act to provide for the election of Trustees for School District No. i 16, in the County of Florence,” approved the 15th day of February, A. D. 1901, so as to further regulate the election and term of Trustees and the assessment and collection of a special tax. The B ill was read and ordered placed on the Calendar for a third reading. - S. 2 8I.—Mr. Hough: A Bill to repeal Section XXV. of an Act en titled ‘fAn Act to incorporate certain towns and villages and to renew and amend certain charters heretofore granted,” passed 19th Decem ber, 1885, and to confer the power to condemn lands for streets. The B ill was read, and, on motion of Mr. HOUGH, was amended as follows: Sec., 1 by striking out all on line 3, after the word “granted,” and by striking out the words “for streets,” on line 4 of said Section. Andy b adding to Sec. 1, after the word “towns,” on line 6. a comma, and the words, “including the right to condemn necessary lands for the extension of Arch street, of said town, eastward tor a distance of three hundred and ninety-six feet.” Ordered p laced on the Calendar for a third reading. S. 2 82.—Mr. Mower: A Bill to enable the County Board of Com missioners of New-berry County to put said County on cash basis. The B ill was read and ordered placed on the Calendar for a third reading.

AMENDMENT P ROPOSED.

H.. R 220.—.\Ir. Lyles: A Bill to incorporate the Union Manufac turing and Power Company. The B ill was read, and, on motion of Mr. HERNDON, the fol— lowing amendment was adopted: Amend S ec. 2, line 13, printed Bill, by striking out all beginning with the word “or” down to and including the word same line 24, printed- Bill. Strike out Section 4 and insert: Section 4 . The said corporation shall have the right to condemn such property and rights of way as may be necessary to enable said company to successfully construct, erect and operate the said rail roads, electric railways, electric works and water works for public MONDAY, F EBRUARY 9, 1903. 293

uses,n o payment to the owner or owners thereof just compensation, such property, rights of way to be condemned, and such compensa tion to be determined in the manner now provided by law for the condemnation of lands and rights of way by railroad corporations. Mr. B UTLER proposed the following amendment, which was ordered printed in the Journal, and the further consideration of the Bill postponed. ' Amend S ec. 1, Bill 220, by adding after the word “recited,” on line 18, the following: “Provided, In so constructing such dam or dams, canals, mills, buildings or machine shops, proper fishways and . sluices over said darn or dams shall be constructed, so as not to pre vent migratory fish from crossing same; and should such manufac turing company, companies or persons refuse or fail to do so, they shall be liable to a fine of five thousand dollars, recoverable by the County in which such dam may be erected, in a Court of competent jurisdiction.”

SECOND R EADING BILLS.

S. 8 9.—Mr. Stanland: A Bill to amend Section 258 of the Civil Code. Volume 1, Code of Laws of South Carolina, 1902, relating to primary elections. On m otion of Mr. STANLAND, the Bill was continued to the next session. S. 9 1.—Mr. Goodwin: A Bill to provide for the indexing of all written agricultural labor contracts. On m otion of Mr. GOODWVIN, the Bill was laid upon the table, with permission to withdraw the same from the files of the Senate. S. 9 2.—.\-Ir. Goodwin: A Bill to require the officers and agents of the Columbia, N ewberry and Laurens Railroad Company to widen a certain highway in the city of Laurens. On m otion of Mr. GOODWIN, the unfavorable report was laid upon the table. The B ill was read. Mr. B RICE moved to strike out the enacting words. After d ebate by Messrs. GOODWIN, BRICE'and MARSHALL, The q uestion was taken on agreeing to the motion of the Sen— ator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice. Butler, Carpenter, Dennis, Douglass, Forrest, Hardin, Hood, Marshall, McDermott, McIver, Williams—— 13. 294 J OURNAL OF THE SENATE, Nays—Messrs. B rown, Gaines. Goodwin, Hough, Hydrick, John son, McCall, McLeod, J. W . Ragsdale, Raysor, Sheppard, Stanland, Warren—1 3. There b eing a tie, the PRESIDENT voted “Nay.” So t he motion to strike out the enacting words was lost. Mr. G OODWIN moved to amend the Bill as follows: On l ine 2, strike out “thirty” and insert in lieu thereof “twenty four.” \Vhich a mendment was adopted. Mr. G OODWIN moved to further amend the Bill as follows: “Ninety d ays,” insert in lieu thereof “six months.” There b eing no further amendments, the Bill was ordered placed on the Calendar for a third reading. H.. R 96.—I\=Ir. Kibler: A Bill relating to the qualification of the County Superintendents of Education. Mr. S HEPPARD moved to strike out the enacting words of the Bill. After d ebate by Messrs. SHEPPARD, RAYSOR, JOHNSON, HOUGH, HERNDON and MOWER, The q uestion was taken on agreeing to the motion of .the Senator from Edgefield, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice, Dennis, Forrest, Gaines, Hardin, Hood, Hough, Johnson, Marshall, McCall. McDermott, Sheppard, Warren, Williams—I4. Nays—Messrs. A ldrich, Blake, Brown. Butler, Carpenter, Doug lass, Goodwin, Herndon, Hydrick, McIver, McLeod, Mower, Peuri foy, J. W. Ragsdale, Raysor—15. So t he motion was lost. The B ill was read. On m otion of Mr. CARPENTER, the Bill was amended as fol lows: On l ine 4, of printed Bill. strike out the word “either,” and all after the words “State Board of Education.” There b eing no other amendments. the Bill was ordered placed on the Calendar for a third reading.

REASONSOR F VOTING.

Mr. H ERNDON asked to have the following spread upon the Journal: MONDAY, F EBRUARY 9, 1903. i 295

I h ave serious doubts of the constitutionality of the Bill, but hope it may be. and hope its moral effect will be good. I therefore vote “No” on the motion. > ' E. L. HERNDON. H.. R IOQ.—.\’I1‘. Toole: A Bill to protect fish by the regulation of the sale of dynamite and other similar explosives. The B ill was read and ordered placed on the Calendar for a third reading. .H. R Ila—Mr. Gaston: A Bill to secure throughout the United States classified assessment of live stock. On m otion of Mr. SHEPPARD, the enacting words of the Bill were stricken out. S. 1 22.—Mr. Aldrich: A Bill for an exhibit of industries and re— sources of South Carolina at the Louisiana Purchase Exposition, to be held in the city of St. Louis, Missouri, during the year 1904. On m otion of Mr. ALDRICH, the Bill was made a Special Order for Tuesday, February 10th, 1903, at I o’clock P. M. S. I 37.-—Mr. McIver: A Bill to authorize the Receiver of the President, Directors and Company of the State Bank or his succes sor to sue the State to establish his right to certain State bonds claimed to have been lost or destroyed. On m otion of Mr. McIVER, the Bill was made a Special Order for Thursday, February 12th, 1903, immediately after the morning hour, and from day to day until disposed of. S. 2 5o.-—-Mr. Sheppard: A Bill to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms; to prevent contagious diseases and destroy destructive insects in orchards, vineyards and other places in the State. On m otion of Mr. SHEPPARD, the Bill was made a Special Or der for 8 o’clock this evening. , At 2 .20 o’clock P. M., on motion of Mr. SHEPPARD, the Senate receded from business until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o'clock P. M., and was called to order by the PRESIDENT. 926 J OURNAL OF THE SENATE.

REPORTSF O COMMITTEES.

Mr. B UTLER, from the Committee on Military, submitted a fa vorable report on . S. 2 68.—\'Ir. Brice: A Bill to amend Section 1067 of an Act en titled “An Act to amend Sections 1065, 1066 and 1067, Chapter XXII., Volume I, of the Code of Laws of South Carolina, 1902, re lating to pensions,” approved 26th day of February, A. D. 1902, re ducing the amounts of pensions to each class. Ordered f or consideration to-morrow. The S enate proceeded to the consideration of

SECOND R EADING BILLS.

H.. R I I6.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. The u nfavorable report was adopted and the Bill rejected. S. I 35.—\"I1'. Aldrich: A Bill to regulate the itinerant trafﬁc in horses and to prevent the spread of disease. ' The B ill was read and ordered placed on the Calendar for a third reading. S. 1 5I.—Mr. Marshall: A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen sary Law, so as to allow wholesale druggists to sell alcohol without proﬁt to licensed druggists. The B ill was read, and, on motion of Mr. ALDRICH, the amend ments proposed by the Committee were adopted, to wit: By a dding, at the end of the proposed amendment, after the word “State,” on line 7 of Section I, the words, “under such regulations as the State Board of Directors may prescribe,” and by adding the same words at the end of the Bill. Also, a mend the Bill by striking out, on lines 12 and 13 of Section inI, thelieu words thereof “intoxicating the word “alcohol.” liquors (not including malt),” and insert I

'Amend f urther by striking out, on line 3 of the Bill, being line 3 of page 3, the words, “said liquors,” and insert in lieu thereof the word “alcohol.” Amend f urther by striking out, on lines 17 and 18 0f the Bill, the words, “ten per cent. net profits for liquors so sold,” and insert in lieu thereof the words, “cost and transportation for alcohol so sold.” MONDAY. F EBRUARY 9, 1903. 297 Amend f urther by striking out, on line 58 of Section 1, being line 7, page 4. of the Bill, the words, “ten per cent. above the net cost,” and insert in lieu thereof the words, “cost and transportation.” Amend f urther by striking out. on lines 60 and 61, being lines 9 and 10 on page-4 of the Bill, the words, “without profit.” Ordered p laced on the Calendar for a third reading. .H. R 169.—Mr. Middleton: A Bill to repeal an Act entitled “An Act to incorporate the town of Scotia, in Hampton County,” ap proved December 19th, 1892. The B ill was read and ordered placed on the Calendar for a third reading. H. I 7I.——Mr. Moses: A Bill to change and designate certain town ships in Sumter County, and to provide for changing the registration certificate. The B ill was read and ordered placed on the Calendar for a third reading. .H. R I76.—Mr. Gaston: A Bill to amnd Section 15 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” on page 1085 of the Acts of 1902, Volume 23, Statutes at Large, by providing an increase of compensation for the Coroner of Chester County. The B ill was read, and, on motion of Mr. BRICE, was amended as follows: In t he title, by striking out all after “the,” on last line, and insert ing the following: “Coroners of Chester and York Counties.” Amend S ection 1, line 4. by striking out the words, “Coroner of Chester County,” and inserting in lieu thereof, “Coroners of Chester and York Counties.” ' Also a mend Section 1, line 6, by striking out all after “dollars,” and inserting the following: “York. one hundred and twenty-five dollars," and inserting in lieu thereof the words. “Chester, two hun dred dollars; York. two hundred dollars:” so that it shall read as follows: ‘ Amend S ection 2, line 27, by striking out after York “one hun dred and twenty-five,” and inserting “two hundred.” .H. R 178.—Mr. Efird: A Bill to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a certain parcel of land. _ The B ill was read, and ordered placed on the Calendar for a third reading. H.. R 180.—Mr. Morgan: A Bill to create a Board of Fire Com 298 J OURNAL OF THE SENATE.

missioners f or the city of Greenville, in this State, to deﬁne its pow ers and duties. ' The B ill was read, and ordered placed on the Calendar for a third reading. H.. R I88.-—Mr. Morgan: A Bill to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. The B ill was read, and ordered placed on the Calendar for a third reading. S. 1 96.—Mr. McIver: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the laws of certain mortgages. The B ill was read, and, on motion of Mr. McIVER, the Commit tee amendments were adopted, to wit: In l ine 5, Section 1, after the word “company” and before the word “so,” insert, “and by adding the words, ‘except mortgages or deeds of trust covering the whole or any part of the real or personal property of a railroad company,’ at the end of said Section.” . tAdd a end of said Section the words, “except mortgages or deeds of trust covering the whole or any part of the real or personal prop erty of a railroad company.” 'Ordered p laced on the Calendar for a third reading. S. 1 97.—Mr. McIver: A Bill concerning certain mortgages. The B ill was read. and, on motion of Mr. MCIV ER, the amend ment proposed by the Committee was laid upon the table. ‘ The B ill was read. and ordered placed on the Calendar for a third reading, with notice of amendments. .H. R 201.--.\Ir. Thomas: A Bill to establish a mortuary table, and make the same evidence in the Courts. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments on third reading. S. 2 07.-Mr. Manning: A Bill to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds. The B ill was read, and ordered placed on the Calendar for a third reading. S. 2 11.—.\Ir. Marshall (by request): A Bill to provide for the passage upon and payment of claims of N. W. Brooker. The B ill was read. and, on motion of Mr. MARSHALL, the Com mittee amendment was adopted, to wit: ‘ Line, 6 strike out all after the word “agent,” down to and includ ing the word “services,” in line 8; and at the end of Section 1, strike MONDAY. F EBRUARY 9, 1903. 299 out t he word “just” and insert the wordS, “proper, which payment shall be full and complete discharge of all claims.” Ordered p laced on the Calendar for a third reading. S. 2 19.—Mr. Aldrich: A Bill to provide for repairing the monu ment erected by the State upon the battleﬁeld of Chickamauga. The B ill was read. and ordered placed on the Calendar for a third reading. S. 2 53.—Mr. Brown : A Bill to authorize and provide for the erec tion of a new Court House for the County of Darlington and for reindexing and otherwise perfecting the public records of said County. The B ill was read, and ordered placed on the Calendar for a third reading. S. 2 75.—Mr. Hood: A Bill to authorize the Trustees of Gantt School District of Anderson County to issue bonds for the purpose of erecting a school building and equipping same. The B ill was read, and ordered placed on the Calendar for a third reading. FLEAVE O ABSENCE. Mr. B ROWN asked and obtained leave of absence for the Senator from Lancaster until Thursday next. Mr. D OUGLASS moved that when the Senate adjourn, it be ad journed to meet to—morrow at 11 o’clock A. M. The m otion was adopted. On m otion of Mr. RAYSOR, at 9.05 o’clock P. M., the Senate ad iourned. 300 J OURNAL OF THE SENATE,

Tuesday, F ebruary 10, 1903.

The S enate assembled at 11 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. JOHNSON, the further reading of the Journal was dispensed with.

REPORTSF O COMMITTEES.

Mr.‘ S HEPPARD, from the Committee on Privileges and Elec tions, submitted an unfavorable report on .H. R 173.—Mr. Haskell: A Bill to ﬁx the time for the inaugura tion of the Governor and Lieutenant Governor. I Ordered for consideration to-morrow. Mr. G AINES, from the Committee on Roads, Bridges and Fer ries, submitted a favorable report on S. 2 90.—Mr. Aldrich: A Bill to authorize municipal or other cor porations or individuals to lay pipes for water supply across public roads and non-tidal navigable streams. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on S. 2 91.—Mr. Gaines: A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report, with amendments, on H. R . 324.——\Ir. Bomar: A Bill to amend Section 1239, of V0]. 1, of the Code of Laws of South Carolina, 1902, relating to the sale of books by County Superintendents of Education. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on TUESDAY, F EBRUARY 10, 1903. 301

.H. R 325.—Mr. Morgan (by request) : A Bill to authorize and empower the Trustees of the school district of the city of Greenville to order an electionand to issue coupon bonds of said school district for school purposes. Ordered f or consideration to-morrow. Mr. J OHNSON, from the Committee on Enrolled Bills, reports the following Bills and Joint Resolutions correctly enrolled and ready for ratiﬁcation: .S. B 3.—Mr. Marshall: A Bill to regulate the employment of children in factories, mines and manufacturing establishments in this State. .S. B 40.—Br. Blake: A Bill to enable the Commisisoners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. S.. B 62.—Mr. Hough: A Joint Resolution to require the Trea surer of the State of South Carolina and the Treasurer of Lancaster County to refund to J. B. Langley certain taxes.

INTRODUCTION O F BILLS.

The f ollowing Bills, were introduced under suspension of Rule XXXVI.: ' S. 3 36.—Mr. WARREN: A Joint Resolution to amend Section 26, Article III., of the Constitution of the State of South Carolina, adopted the 4th day of December, 1895, by adding a clause in refer ence to carrying concealed upon the person any deadly weapon to the oath therein required. Read t he first time and referred to the Committee on Judiciary. S. 3 37.—Mr. WARREN: A Joint Resolution to amend Section 11, Article I., of the Constitution of the State of South Carolina, adopted 4th day of December, 1895, by including all persons who shall be convicted of carrying any concealed deadly weapon incapable of holding any office of honor or trust. Read t he first time and referred to the Committee on Judiciary. S. 3 38.-—Mr. MARSHALL: A Bill to amend Sec. 3095, of Vol ume 1, 0f the Code of Laws of I902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. Read t he first time and referred to the Committee on Finance. 302 J OURNAL OF THE SENATE,

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 2 6.—\Ir. Stanland: A Bill to prevent the sale or keeping for sale any toy pistols, caps or cartridges for same. Returned w ith amendments. On m otion of Mr. STANLAND, the Senate agreed to the amend— ments made by the House of Representatives. Ordered, t hat the title be changed to that of an Act, and the same be enrolled for ratification. S. 5 1.——Mr. Douglass: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and pre scribe his duties.’ ” Returned w ith amendments. ‘ On m otion of Mr. DOUGLASS. the Senate agreed to the amend ments made by the House of Representatives. Ordered. t hat the title be changed to that of an Act, and the same be enrolled for ratification. H.. R 339.-—Mr. \Nhaley: A Bill to amend Chapter LXXXIX., of the Civil Code of South Carolina of 1902, relating to the City Court ofcertain Charleston, Sections by thereto. changing the title of said Y Chapter, and by adding ' Read t he first time and referred to the Committee on Judiciary.

GENERAL O RDERS.

THIRD READING BILLS.

H.. R 96.—\’.[r. Kibler: A Bill relating to the qualification of the County Superintendent-s of Education. Mr. S HARPE moved to indefinitely postpone the Bill. Mr. C ARPENTER moved that the motion to indefinitely postpone be laid upon the table. The q uestion was taken on agreeing to the motion of the Senator from Pickens, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brown, Carpenter, Goodwin, Hern don, Hydrick, J. W. Ragsdale, Raysor, Stackhouse, Stanland—Iz. Nays—Messrs. B rice, Butler, Dean, Dennis, Douglass, Forrest, Gaines, Hardin, Hood, Johnson, Manning, Marshall, McCall, Mc

\ TUESDAY, F EBRUARY 10, 1903. 303

Dermott, M cIver, Peurifoy, Sharpe, Sheppard, von Kolnitz, Warren, Williams—21. ‘ So t he motion was lost. The q uestion recurring upon the motion of the Senator from Lex ington, it was decided in the afﬁrmative.

ORREASONS F VOTING.

Mr. M ANNING: My reason for voting against this Bill is that while strongly in favor of doing any thing to improve the efficiency of these officers, I cannot vote for it in face of Sec. 2 of Article II., of the Constitution, which says: Every qualified elector shall be eligible to any office to be voted for unless disqualified by age as prescribed in this Constitution. On t he question of striking out the enacting words of this Bill I voted “No,” because I was hear-tin in favor of the general purpose of the Bill, but after mature deliberation I am convinced it is in conflict with the Constitution. THOS. B. BUTLER.

The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: .H. R log—Mr. Toole: A Bill to protect fish by the regulation of the sale of dynamite and other similar explosives. Mr. M ANNING moved to indefinitely postpone the Bill. The q uestion was taken on agreeing to the motion of the Senator from Sumter, on which the yeas and nays were demanded and taken, resulting as follows: ’ Yeas—Messrs. M anning. von Kolnitz, VVarren—3. Nays—Messrs. A ldrich, Blake, Brice, Brown, Butler, Carpenter, Davis. Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hydrick, Johnson. Marshall. McCall, McDer mott, McIver, McLeod, Peurifoy. J. W. Ragsdale. Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Williams—31. So t he motion was lost. H.. R I69.—Mr. Middleton: A Bill to repeal an Act entitled “An Act to incorporate the town of Scotia, in Hampton County,” ap proved December 19th, 1892. H. I 7I.—1\’II'. Moses: A Bill to change and designate certain town ships in Sumter County, and to provide for changing the registration certificate. 304 J OURNAL OF THE SENATE, H.. R I78.—Mr. Efird: A Bill to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a certain parcel of land. H.. R 180.—1\/II'. Morgan: A Bill to create a Board of Fire Com missioners for the city of Greenville, in this State, to define its powers and duties. .H. R 188.—Mr. Morgan: A Bill to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. H.. R 189.—;\'II‘. Russell: A Bill to provide for the erection of a new jail for Berkeley County. H.. R 201.—Mr. Thomas: A Bill to establish a mortuary table and make the same evidence in the Courts. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 9 2.—Mr. Goodwin: A Bill to require the Officers and agents of the Columbia, Newberry and Laurens Railroad Company to widen a certain highway in the city of Laurens. The q uestion was taken on agreeing to the passage of the Bill, on which the yeas and nays were demanded and taken, resulting as fol lows: Yeas—Messrs. A ldrich, Blake, Brown, Carpenter, Davis, Dean, Dennis, Douglass, Gaines, Goodwin, Hardin, Herndon, Hydrick, Johnson, Manning, McCall, McLeod, G. W. Ragsdale, J. W. Rags dale, Raysor, Sheppard, Stackhouse, Stanland. Warren—24. Nays—Messrs. B rice, Butler, Forrest. Hood, Marshall, Mayfield, McDermott, Sharpe, \Nalker, Williams—~10. S. I 35.——Mr. Aldrich: A Bill to regulate the itinerant trafiic in horses and to prevent the spread of disease. S. I 45.—Mr. Walker: A Bill to amend Section 20 of the Code of Civil Procedure, fixing the times for holding of the Circuit Courts of the Third Judicial Circuit. S. I SL—Mr. Marshall: A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen sary Law, so as to allow wholesale druggists to sell alcohol without profit to licensed drug‘gists. S. 2 07.—-Mr. Manning: A Bill to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds. S. 2 n.—Mr. Marshall (by request): A Bill to provide for the passage upon and payment of claims of N. W. Brooker. TUESDAY, F EBRUARY 10, 1903. 305

S. 2 16.—Mr. Dennis: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. S. 2 17.—Mr. Marshall: A Bill to amend Section 2038 of the Code of Laws of South Carolina, 1902. S. 2 19.——Mr. Aldrich: A Bill to provide for repairing the monu ment erected by the State upon the battlefield of Chickamauga. S. 2 53.—Mr. Brown: A Bill to authorize and provide for the erec tion of a new Court House for the County of Darlington, and for reindexing and otherwise perfecting the public records of said County. ' S. 2 75.—Mr. Hood: A Bill to authorize the Trustees of Gantt School District of Anderson County to issue bonds for the purpose of erecting a school building and equipping same. The f ollowing Bill was read the third time, passed and ordered returned to the House of Representatives, with amendments: .H. R 220.-—-Mr. Lyles: A Bill to incorporate the Union Manufac— turing and Power Company. _ On m otion of Mr. BUTLER, the amendment offered by him and printed in the Journal of yesterday was adopted, to wit: Amend S ec. 1, Bill 220, by adding after the word “recited,” on line 18, the following: “Provided, In so constructing such darn or dams, canals, mills, buildings or machine shops, proper fishways and sluices over said dam or dams shall be constructed, so as not to prevent migratory fish from crossing same ;" and should such manufacturing company, companies or persons refuse or fail to do so, they shall be liable to a fine of five thousand dollars, recoverable by the County in which such dam may be erected, in a Court of competent jurisdic tion.” '

SECOND R EADING BILLS.

Mr. P EURIFOY asked and obtained permission to take up out of its order S. 2 65.—Mr. Peurifoy: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commission ers to pledge the levy for ordinary County purposes for the year 1903 to secure the same. The B ill was read and ordered placed on the Calendar for a third reading. 306 J OURNAL OF THE SENATE,

SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 5 0.——-Mr. Johnson: A Bill to dispose of certain school funds arising from Dispensary profits, so as to aid schools in districts finan cially weak. ' Mr. B RICE moved the indefinite postponement of the Bill. After d ebate by Messrs. BRICE, SHARPE, SHEPPARD, BLAKE, JOHNSON, MCLEOD, MANNING, and ALDRICH, The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake. Brice, Carpenter, Davis, Dean, Douglass, Forrest, Gaines, Hardin, Herndon, Hood, Manning, Marshall, Mc Call, McIver, Peurifoy, G. \V. Ragsdale, J. W. Ragsdale, Sharpe, Sheppard, Talbird, Williams—22. Nays—Messrs. A ldrich, Brown, Dennis, Goodwin, Hydrick, John son, Mayfield, McDermot-t, McLeod, Raysor, Stackhouse, Stanland, von Kolnitz, Warren—I4. So t he motion was adopted and the Bill indefinitely postponed.

REASONSOR F VOTING.

I v ote “No,” for the reason that the amendment of the Senator from Bamberg, substituting $200000 appropriation, in lieu of Dis pensary funds, removes my objection to the Bill. THOS.. o McLEOD.

mI a not in favor of the Bill in its present shape, but I voted against the motion to strike out the enacting words, as in my opinion the Bill can be so amended as to relieve it of its objectionable features, and r emedy the defects in our educational system that it seeks to ac- ' complish. I T. M. RAYSOR. On m otion to strike out the enacting words of the Bill, I voted “No.” I had given notice of amendment to make an annual appro priation of two hundred thousand dollars. I am opposed to' inter ferring with the present distribution of the Dispensary proﬁts, but favor t he principle of the Bill. S. G. MAYFIELD. TUESDAY, F EBRUARY 10, 1903. 307'

I v ote “No,” on the motion to strike out the enacting words of this Bill, because I favor the principle of giving special aid to all school districts which are too weak ﬁnancially to have good schools. I do not favor the details of the Bill, but it can, in my opinion, be amended to meet such objections. D. E. HYDRICK. The f ollowing Special Orders were read the third time, passed and ordered sent to the House of Representatives: S. 2 80.—Mr. W. Ragsdale: A Bill to amend an Act entitled “An Act to provide for the election of Trustees for School District No. 16. in the County of Florence," approved the 15th day of February, A. D. 1901, so as to further regulate the election and term of Trus tees and the assessment and collection of a special tax. S. 2 81.—Mr. Hough: A Bill to repeal Section XXV. of an Act en titled “An Act to incorporate certain towns and villages, and to renew and amend certain charters heretofore granted,” passed 19th December, 1885, and to confer the power to condemn lands for streets. ’ S. 2 82.—Mr. Mower: A Bill to enable the County Board of Com missioners of Newberry County to put said County on cash basis.

SPECIAL O RDER AT 12 O’CLOCK M. AND FROM DAY TO DAY UNTIL DISPOSED OF.

S. 2 62.—Mr. Stackhouse: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establish ment ofa new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax, and so as 'to provide for the purchase of grounds and houses, and for building and equipping houses, and to provide for contingent fee. . The B ill was read the third time, passed and ordered sent to the House of Representatives. Mr. S HEPPARD called up out of its order S. 2 50.—Mr. Sheppard: A Bill to amend an Act to create a State Board of Entomology, to deﬁne its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegeta ble farms; to prevent contagious diseases and destroy destructive insects in orchards. vineyards and other places in the State. The B ill was read, and, on motion of Mr. SHEPPARD, was amended a s follows: Zl—s. J.—(500) 308 _ J OURNAL OF THE SENATE,

Amend S ection 7, in line 2, by striking out “or” and insert “and.” Also, a mend Section 13, in lines 2 and 3, by striking out “existing” and insert “exist.” ' Ordered p laced on the Calendar for a third reading, as a Special Order after the morning hour.

RECONSIDERATION.

Mr.ON V KOLNITZ moved to reconsider the vote whereby the fol lowing Bill passed its third reading and was ordered sent to the House of Representatives, which was agreed to: S. 1 99.—Mr. von Kolnitz: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualiﬁcation for voters on and certain regulations in connection with party registration for pri mary elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. Mr. M CIVER moved to reconsider the vote whereby the following Bills were referred to the Judiciary Committee, and that the same be placed on the Calendar without reference. The motion was agreed to: .H. R 304.—.\Ir. Gaston: A Bill relating to the recordation of rail road mortgages. .H. R 306.—Mr. Gaston: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien of certain mortgages. Mr. M ARSHALL moved to reconsider the vote whereby the un' favorable report had been adopted and the Bill rejected, on .H. R I85.—Mr. Johnson: A Bill to amend Section 1888 of Vol. I, Civil Code of South Carolina, by ﬁxing charter fees. Which w as agreed to and the Bill placed upon the Calendar.

SPECIAL O RDER FOR TUESDAY, FEBRUARY mm, IM MEDIATELY AFTER THE MORNING HOUR AND AT THE SAME HOUR FROM DAY TO DAY UN ‘ T IL DISPOSED OF.

S. 4 9.—Mr. Johnson: A Bill to provide against strikes, lockouts and similar troubles. (Four reports.) Mr. BROWN moved to strike out the enacting clause of the Bill. TUESDAY, F EBRUARY 10, 1903. 309 After d ebate by Messrs. BROWN, MAYFIELD, HOOD and JOHNSON, The q uestion was taken on agreeing to the motion of the Senator from Darlington, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brown, Butler, Carpenter, Dean, Douglass, Forrest, Hardin, Herndon, Hood, Manning, McCall, McIver, Ray sor, Sharpe, Sheppard, Talbird—17. N a ys—Messrs. Aldrich, Brice, Dennis, Gaines, Goodwin, Hydrick, Johnson, Marshall, Mayﬁeld, McDermott, McLeod, G. W. Ragsdale, J. W. Ragsdale, Stackhouse, Stanland, \Valker, Warren, Williams— 18. So t he motion was lost. The B ill was read. Pending t he further consideration, on motion of Mr. BROWN, at 2.20 o'clock P. M., the Senate receded from business until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M., and Was called to order by the PRESIDENT.

RESOLUTION.

By M r. JOHNSON: Resolved, T hat the Speaker and the House ofRepresentatives are invited to attend in the Senate Chamber. \N'ednesday, the 11th inst., at 1.45 o'clock P. M., for the purpose of ratifying Acts. Upon i mmediate consideration, the Resolution was adopted and an invitation sent to the House of Representatives accordingly.

REPORTSF O COMMITTEES.

Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report on H.. R 115.—1\Ir. Coggeshall: A Joint Resolution to refund to C. Keith Dargan, of Darlington County, certain taxes. 310 J OURNAL OF THE SENATE, Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on S. 2 67.—Mr. McIver: A Bill to divide the State into four General Sessions Circuits, to provide for separate Courts of General Sessions. and for the election of four additional Circuit Judges. On m otion of Mr. McIVER, the Bill was continued until next ses 5101']. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 269.——Mr. Morgan: A Bill to ratify the amendment to Sec tion 11, of Article VII., of the Constitution of 1895, relating to Counties and County government. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on S. 2 72.—Mr. Brown: A Bill to amend Section 1208 of the Civil Code (Vol. 1, Code of Laws, 1902). so as to limit the time of elec tions provided for therein. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on S. 2 89.—NIr. McIver: A Bill to prevent persons from riding on railroad trains without paying fare. On m otion of Mr. McIVER, the Bill was continued until the next session. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 3o5.—Mr. Cooper: A Bill to amend Section 816 of the Code of Laws of SouthCarolina, Volume I, so as to include Laurens County in the provisions of said Section. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on .H. R 3o8.—Mr. Towill: A Bill to entitle Malcolm P. Harris to apply for admission to practice law. On i mmediate consideration, the unfavorable report of the Com mittee was adopted and the Bill rejected. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 309.—Mr. Hendrix: A Bill to amend an Act entitled' “An TUESDAY, F EBRUARY 10, 1903. 311 oAct t amend an Act entitled ‘An Act to provide for cotton weighers at Pickens, Easley and Liberty, in Pickens County, and Seneca, in Oconee County,’ approved February 28th, 1899,” so as to exempt the cotton weighers and purchasers at the Easley and Pickens cotton mills from the operation thereof, approved the I'7th day of Febru ary, A. D. 1900, so as to include Glenwood and Liberty mills. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 3II.——Mr. McGill: A Bill to repeal the law requiring the Magistrates of Greenwood to issue all process to the Sheriff. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 312.——-Mr. Tribble: A Bill to provide for reindexing the judgment entered up in the office of the Clerk of Court for Anderson County. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 313.—Mr. Cooper: A Bill to amend Section 2432 of the Civil Code, 1902, by changing the time in which distress warrants may be issued. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, without recommendation, on H.. R 314.—Committee Substitute: A Bill to amend Section 20 0f the Code of Civil Procedure, fixing the times for the holding of the Circuit Courts of the Third Judicial Circuit. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report on H.. R 326.—Mr. W'ingo: A Joint Resolution to authorize and re quire the Treasurer of Abbeville County to refund to Mays Cleve land certain taxes overpaid. Ordered f or consideration to-rnorrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report on .H. R 327.—Mr. James: A Joint Resolution to require the pay ment of one hundred and twenty-five dollars to Bright Williamson, of Darlington, for money advanced by him for the County. 312 J OURNAL OF THE SENATE.

Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted favorable reports on the following Claims: S. 3 3o.—Hampton Guardian, $72.50. S. 3 32.——G. M. Green and J. L. Attaway, $80.70. S. 3 33.——Dorchester Democrat, $38.48. S. 3 34—]. M. Polatty, $7.20. S. 3 35.—Pee Dee Advocate, $34.66. \Vhich w ere immediately considered, and agreed to and said Claims returned to the House of Representatives.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 40.—Mr. BUTLER: A Bill to exempt soldiers and sailors of the late war between the States frOm County or other municipal licenses, as hawker. peddler or butcher. Read t he ﬁrst time and referred to the Committee on Military.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following Claims, which were re ferred to the Committee on Claims and Grievances: H. R. 341.—~Chas. Petty, advertising, $68.42. mmmmmmmmmm . R. 342.—C. E. Epton, salary, $32.56. . R. 343.—Robt. Shelor, stenographic services, $49. R. 344.—Jas. W. Ballentine, tax abatement, $8.80. R. 345.—Edith M. de Lorme, special stenographer, $30. . R. 346.—Barnwell People, $67.50. . R. 347.—News Printing Co., advertising, $29.61. . R. 348.-—Mr. W. Harrell, refund taxes. $11.09. . R. 349.—Monitor Printing Co., $68.58. . R. 3 50.—.Excelsior Knitting Mills. tax abatement, $740. . R. 351.—The State Co., advertising, $39.52. . The Senate proceeded to the consideration of unfinished business. postponed by reason of the recess, to wit: S. 49.—Mr. Johnson: A Bill to provide against strikes, lockouts and similar troubles. (Four reports.) The Bill was read. TUESDAY. F EBRUARY 10, 1903. 313 Mr. M ARSHALL moved the adoption of the amendment pro posed by the Oommittee. to wit: Insert a fter the word “strike” the words, “or imprisonment at the discretion of the Court,” on line five. Section 2. After d ebate by Messrs. MARSHALL, JOHNSON. W. RAGSDALE, McIVER and G. W. RAGSDALE, Mr. J OHNSON moved to lay the amendment upon the table. The q uestion was taken on agreeing to the motion of the Senator from Aiken, on which the yeas and nays were demanded and taken. resulting as follows: Yes—Messrs. A ldrich, Blake, Brice. Carpenter, Forrest, Goodwin. Hardin. Herndon. Hydrick. Johnson. Mayfield, McDermott. McLeod, J. W. Ragsdale. Raysor, Sheppard. Stackhouse, \Varren, W illiams— 19. Nays M essrs. Brown, Butler. Davis, Dean. Dennis. Douglass, Gaines, Hood, Manning, Marshall, McCall, McIver, Peurifoy, G. W. Ragsdale, Sharpe. Stanland, Talbird. von Kolnitz, Walker—19. There b eing a tie. the Clerk called: “Mr. President,” who voted “Nay.” So the motion was lost. The a mendment was then adopted. On m otion of Mr. JOHNSON, the Bill was further amended: ,Sec. 3 by striking out the words “resident of the County in which this Act is violated,” and insert in lieu thereof the words, “person in jured in consequance of any of the acts prohibited by this Act." The q uestion was taken on agreeing to the passage of the Bill, on which the yeas and nays were demanded and taken, resulting as fol lows: Yeas—Messrs. A ldrich, Blake. Brice, Dennis, Douglass, Forrest, Gaines, Goodwin. Herndon, Hydrick. Johnson. Marshall, Mayfield, McDermott, McLeod. Peurifoy. G. W. Ragsdale, J. W. Ragsdale, Stackhouse, Stanland, Warren, Williams—22. Nays—Messrs. B rown, Butler, Carpenter, Davis, Dean, Hardin, Hood, Manning, McCall, McIver, Raysor, Sharpe, Sheppard, Tal bird, vOn Kolnitz, Walker—16. So t he Bill was passed and ordered placed on the Calendar for a third reading, with notice of amendments.

SPECIAL O RDER FOR 8 O'CLOCK P. M.

S. I 3o.—Mr. Manning :. A Bill to amend Sections 1846 and 1929 of Volume I., Civil Code of South Carolina, regulating annual meet ings of corporations. 314 J OURNAL OF THE SENATE, The B ill was read and ordered placed on the Calendar for a third reading. S. I 6I.—Mr. Hood: A Joint Resolution to appoint a Committee to investigate the management of the State Dispensary. The J oint Resolution was read. Mr. M ANNING moved to strike out the resolving words of the Joint Resolution. After d ebate by Messrs. STANLAND, SHARPE, HOOD, MAY FIELD and HARDIN, The q uestion was taken on agreeing to the motion of the Senator from Sumter, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, \Blake, Butler, Dean, Forrest, Gaines, Goodwin, Hydrick, Johnson, Manning, Mayﬁeld, McLeod, Raysor, Sharpe. Sheppard, \Nalker, \Varren, VVilliams.—I8. Nays M essrs. Brice, Brown. Carpenter, Davis, Dennis, Douglass, Hardin, Herndon, Hood, Marshall, McCall, McDermott, McIver, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Stackhouse, Stanland, Talbird—Ig. So t he motion was lost. The J oint Resolution was passed and ordered placed on the Calen dar for a third reading, with notice of general amendments.

SECOND R EADING BILLS.

Mr. S TACKHOUSE asked and obtained leave to take up out of its order S. 2 87.—Mr. Stanland: A Joint Resolution to appoint a Commis sion to pay to Colleton County the proportion due by Dorchester County of the bonds issued by Colleton County in aid of the Green Pond, W alterboro and Branchville Railroad, and to provide for com pensation for such Commission and for collection of said bonds. The J oint Resolution was read. and. on motion of Mr. STAN LAND, was amended as follows: Sec., 4 line 4, after the word “day,” insert the words, “and actual mileage.” Ordered p laced on the Calendar for a third reading. Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet to-morrow at II o’clock A. M. The m otion was adopted. On m otion of Mr. SHEPPARD, at 10.20 o’clock P. M., the Senate adjourned. \VEDXESDAY, F EBRUARY 11, 1903. 315

Wednesday, F ebruary 11, 1903.

The S enate assembled at II A. M., the hour to which it stood ad— journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The' C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. GAINES, the further reading of the Journal was dispensed with.

FREPORTS O COMMITTEES.

.Mr. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report on H.. R I8I.—Mr. Cooper: A Bill to repeal an Act to incorporate the Clinton College Association, approved December 24th, A. D. 1890. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted an un favorable report on .H. R 298.—Mr. DeBruhl: A Bill to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. Upon i mmediate consideration, the report was adopted and the Bill rejected. Mr. M OWER, from the Committee on Finance, submitted a fa— vorable report on .H. R 299.—-Mr. Brooks: A Joint Resolution to authorize the Regents of the State Hospital for the Insane to purchase the Seegers property. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa— vorable report on .H. R 3oo.—Mr. Brooks: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue. Ordered f or consideration to-morrow. 316 J OURNAL OF THE SENATE,

Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on .H. R 301.--Mr. Lide: A Bill to refund taxes overpaid by John C. Funches. Ordered f or consideration to—morrow. Mr. M O\VER, from the Committee on Finance, submitted a fa vorable report on H.. R 303.—Mr. Dowling: A Bill to authorize and empower Bam berg School District No. 14 of Bamberg County, in the State of South Carolina, to issue bonds for the purchase of a lot and the erec tion and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon. Ordered f or consideration to-morrow. Mr. M ONVER, from the Committee on Finance, submitted a spe cial report on S. 2 06.—Mr. Manning: A Bill to amend Section 2727 of the Civil Code (Vol. I, Code of Laws, 1902), so as to increase the salaries of the Chief Justice and of the Associate Justices of the Supreme Court hereafter to be elected. Recommending t hat the same be continued until next session. Upon i mmediate consideration the report was adopted. Mr. M OWER, from the Committee on Finance, submitted a spe cial report on S. 2 08.——Mr. Manning: A Bill to amend Section 2740, Civil Code (Vol. 1, Code of Laws, 1902), by providing for the traveling ex‘ penses of Circuit Judges. Recommending t hat the same be continued until next session. Upon i mmediate consideration. the report was adopted. .Mr. G W. RAGSDALE, from the Committee on Incorporations, submitted a favorable report, with amendments, on H.. R 322.—-Mr. Lyles: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon and extend the police jurisdiction. Ordered f or consideration to-morrow. Mr.. G W. RAGSDALE. from the Committee on Incorporations, submitted an unfavorable report on .H. R 323.-—Mr. Cooper: A Bill to incorporate the Board of Trus tees of the Presbyterian College of South Carolina. Ordered f or consideration to-morrow. WEDNESDAY. F EBRUARY 11, 1903. 317

Mr. M OW’ER, from the Committee on Finance, submitted a fa vorable report on S. 3 38.—Mr. Marshall: A Bill to amend Sec. 3095, of Volume I, of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted an unfavorable report for the majority and a favorable report for the minority, on H.. R I68.—Mr. Richards: A Bill to amend an Act entitled “An Act relating to the scholarships in the Winthrop Normal and Indus trial College,” approved the 9th day of March, A. D. 1896, bypro viding'$Ioo for each scholarship under said Act. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 52.—Mr. DOUGLASS: A Joint Resolution to empower towns and cities of five thousand inhabitants and over to subscribe the maintenance of public libraries. Read t he first time and placed on the Calendar without reference. S. 3 53.—Mr. GAINES: A Joint Resolution to authorize the County Treasurer of Greenwood County to pay certain claims held by H. J. Kinard against School District Nos. 1, 6 and 7, of said County. Read t he first time and placed on the Calendar without reference. S. 3 54.—Mr. MANNING: A Bill to provide for the charter fees for Domestic Building and Loan Association. Read t he first time and referred to the Committee on Finance. S. 3 55.—Mr. WARREN: A Bill to amend Section 26 of the Code of Procedure (being Volume 2. Code of Laws. 1902), relating to the: summer terms of the Circuit Courts of this State. Read t he first time and placed on the Calendar without reference. S. 3 56.——-Mr. JOHNSON: A Bill authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. Read t he first time and placed on the Calendar without reference. S. 3 57.-—\Ir. GOODWIN: A Bill to punish all persons who ob 318 J OURNAL OF THE SENATE. tain a ny money or valuable security from any person while under contract (either written or verbal) to labor for any other person, firm or corporation, to be guilty of a breach of trust with a fraudu lent intent, and punished as for larceny. Read t he first time and referred to the Committee on Agriculture.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 1 99—Mr. von Kolnitz: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualification for voters on and certain regulations in connection with party registration for pri mary elections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. Returned u pon request. Mr.ON V KOLNITZ moved to reconsider the vote whereby the Bill passed its third reading, which was agreed to. The B ill was read, and, on motion of Mr. VON KOLNITZ, was amended as follows: > By striking out all after enacting words. and insert Section 1 . Be it resolved, That Section 258 of the Civil Code of 1902. be amended by adding at the end thereof the following: Pro vided, That in Counties containing a city of forty tho'usand inhabit ants or more, the following provisions shall obtain for all primaries, State, County and municipal: Each voter in any primary election must be of the age prescribed by the rules of the party and must have been a resident of the State for one year, and in the County in which he offers to vote for sixty days next preceding such primary; and he must have been duly registered in the party registration of voters, under the regulations prescribed by the rules of the party, at least thirty days before holding of such primary election, on a club roll which shall have been duly filed as hereinafter provided for and he shall have paid his poll tax thirty days prior to any such primary election. It shall be the duty of the President and Secretary, and of either or both of them, of every party club or similar organization in such Counties as aforesaid, to file in the office of the County Auditor of the County thirty days before the date of every primary election in such party, the club list or club roll of registered members of such club or other similar organization. arranged alphabetically and num— bered consecutively, certified under the hands of said officers, giving WEDNESDAY, F EBRUARY 11, 1903. 319

placesf o residence. indicating street and number of the street in cities or other localities where street numbering is generally employed, and such certified lists or rolls shall remain in said office under the care and the custody of the County Auditor. subject at all times during the usual hours when the said office may be opened to public inspec tion, examination and copying by interested parties, subject only to such restrictions as may be necessary to the preservation and safe guarding of the same; and it shall be the duty of the County Auditor, on demand, upon payment of his fees in advance not exceeding the sum of one (1) cent for every name with its appropriate data, to furnish within the space of five (5) days after such demand a copy or copies of any one or more of said certified lists or rolls, and the ' said original certified lists or rolls so filed as aforesaid, shall remain until called for and receipted for by the proper representative of the County or the municipal Executive Committee, who shall withdraw the same not sooner than the day before the said primary, as to lists or rolls of city clubs, or three ( 3) days before as to other clubs. The club rolls which have been so filed shall constitute the registration list at the respective precincts in all primary elections. It shall be the duty of the County Treasurer to prepare and file in the office of the County Auditor not less than thirty days before such primary, a list, alphabetically arranged and numbered, of all persons who have paid their poll tax at the time of the preparation and filing of said list, including therein those who are by law exempt from the payment of a poll tax. And the appearance of the name of any person upon the certified poll tax list herein provided for shall be sufficient evidence of the payment of the said poll tax, and said list shall remain under the care and custody of the County Auditor, subject at all times dur ing the usual hours when the said office may be open to public inspec tion, examination and copying by interested parties, subject only to such restrictions as may be necessary to the preservation and, safe guarding of the same; and it shall be the duty of the County Auditor. on demand, upon payment of his fees in advance. not exceeding the sum of one cent for every name with its appropriate data, to furnish within the space of five days after such demand a copy or copies of any one or more of the said certified lists or rolls. No person shall be qualified to vote at said primary unless his name appear on both I

the said lists so filed as aforesaid, and then only at the polling place appropriate, under the rules of the party, to said registered residence. The failure of any officer mentioned in this Section to properly per form the duties made incumbent on him hereby, shall be deemed a 320 J OURNAL OF THE SENATE, misdemeanor, p unishable by a fine of not less than twenty—five (25) dollars. nor more than two hundred ($200). or by imprisonment for a- period of not exceeding three (3) months, or more, at the discre tion of the Court; so that said Section as amended shall read as fol lows: Section 2 58. That candidates in all Counties in which there is a city containing twenty thousand inhabitants or more, shall have the right to appoint a watcher at each polling place to look after the in terest of such candidates. And in all cities of twenty thousand in habitants or over, there shall be a party registration of voters under regulations to be prescribed by the rules of the party: Provided, That in Counties containing a city of forty thousand inhabitants or more, the following provisions shall obtain for all primaries, State County and municipal: Each voter in any primary election must be of the age prescribed by the rules of the party, and must have been a resident of the State for one year, and in the County in which he offers to vote for sixty days next preceding such primary; and he must have been duly registered in the party registration of voters, under the regulations prescribed by the rules of the party, at least thirty days before the holding of such primary election on a club roll which shall have been duly filed as hereinafter provided for and he shall have paid his poll tax thirty days prior'to any such primary election. It shall be the duty of the President and Secretary, and of either or both of them, of every party club or similar organization in such Counties as aforesaid, to file in the office of the County Auditor of the County thirty days before the date of every primary election in such party, the club list or club roll of registered members of such club or other similar organization, arranged alphabetically and num bered consecutively, certified under the hands of said ofiicers, giving places of residence, indicating street and number of the street in cities or other localities where street numbering is generally em ployed, and such certified lists or rolls shall remain in said office under the care and the custody of the County Auditor, subject at all times during the usual hours when the said office may be open to public inspection, examination and copying by interested parties, sub ject only to such restrictions as may be necessary to the preservation and safe guarding of the same, and it shall be the duty of the County Auditor, on demand. upon payment of his fees in advance, not ex ceeding the sum of one (1) cent for every name with its appropriate data, to furnish within the space of five (5) days after such demand a copy or copies of any one or more of said certified lists or rolls, and WEDNESDAY, F EBRUARY 11, 1903. 321 the s aid original certified lists or rolls so filed as aforesaid, shall remain until called for and receipted by the proper representative of the County or the municipal Executive Committee, who shall with draw the same not sooner than the day before the said primary, as to lists or rolls of city clubs, or three (3) days before as to other clubs. The club rolls which have been so filed shall constitute the registra tion list at the respective precincts in all primary elections. It shall be the duty of the County Treasurer to prepare and file in the office of the County Auditor not less than thirty days before such primary, a list, alphabetically arranged and numbered, of all persons who have paid their poll tax at the time of the preparation and filing of said list, including therein those who are by law exempt from the payment of a poll tax. And the appearance of the name of any person upon the certified poll tax list herein provided for shall be sufficient evidence of the payment of the said poll tax, and said list remain under the care and custody of the County Auditor, subject at all times during the usual hours when the said office may be open to public inspection, examination and copying by interested parties, subject only to such restrictions as may be necessary to the preservation and safe guard ing of the same; and it shall be the duty of the County Auditor, on demand, upon payment of his fees in advance, not exceeding the sum of one cent for every name with its appropriate data, to furnish within the space of five days after such demand a copy or copies of any one or more of said certified lists or rolls. No person shall be qualified to vote at said primary unless his name appear on both the said lists so filed as aforesaid. and then only at the polling place ap propriate, under the rules of the party, to said registered residence. The failure of any officer mentioned in this Section to properly per form the duties made incumbent on him hereby, shall be deemed a misdemeanor, punishable by a fine of not less than twenty-five (25) dollars, nor more than two hundred ($200), or by imprisonment for a period of not exceeding three (3) months. or more, at the discre tion of the Court. I The q uestion being put, "Shall this Bill pass and be sent to the House of Representatives P” it was decided in the affirmative.

MESSAGE N 0. 14. In t he House of Representatives, Columbia, S. C., February IO, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has rejected 322 J OURNAL OF'THE SENATE, H. 5 06 (S. 263.—-Mr. Peurifoy) : A Bill to provide a salary for Deputy Sheriffs of Colleton County. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N 0. 15.

In t he House of Representatives, Columbia, S. C., February 11, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it ac cepts your invitation to attend in the Senate Chamber at 1.45 P. M., this day, for the purpose of ratifying Acts. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information. -

RECONSIDERATION.

Mr. M AYFIELD moved to reconsider the vote whereby the un favorable report had been adopted and the Bill rejected, on .H. R 308.—Mr. Towill: A Bill to entitle Malcolm P. Harris to apply for admission to practice law. Which w as agreed to and the Bill placed upon the Calendar, for further consideration. '

SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 4 9.—-Mr. Johnson: A Bill to provide against strikes, lockouts and similar troubles. The B ill was read the third time. Mr. B ROWN moved to reconsider the vote whereby the following amendment was adopted: Insert a fter the word “strike” the words, “or imprisonment at the discretion of the Court,” on line ﬁve, Section 2. Which w as agreed to. WEDNESDAY, F EBRUARY 11, 1903. 323

Mr. J OHNSON moved to indefinitely postpone the amendment. After d ebate by Messrs. JOHNSON, G. W. RAGSDALE; J. W. RAGSDALE, SHARPE, MARSHALL, HYDRICK and DEAN, The q uestion was taken on agreeing to the motion of the Senator from Aiken, on which the yeas and nays were demanded and taken, resulting as follows: _ Yeas—Messrs. A ldrich, Blake, Brice, Carpenter, Dennis, Forrest, Goodwin, Hardin, Herndon, Hydrick, Johnson, Mayfield, McDer mott, McLeod, Mower, G. W. Ragsdale, J. \V. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Warren, \Villiams—23. Nays—Messrs. B rown, Butler, Davis, Dean, Douglass, Gaines, Hood, Manning, Marshall, McCall, McIver, Peurifoy, Stanland, Tal bird, von Kolnitz, Walker—I6. So t he motion was adopted and- the amendment indefinitely post poned. On m otion of Mr. HYDRICK, the Bill was amended as follows: Amend B ill No. 49 by striking out the second paragraph of Sec tion I, that is, beginning with the words “and no cotton.” on line 21, and ending with the words, “similar troubles,” on line 30 of the printed Bill. ' Amendy b inserting in Section 2, line I, after the word “indi vidual,” the words, “or association,” and striking out “or” before individual. - Mr. B RICE moved to strike out Sections 2 and 3 of the Bill. After d ebate by Mr. J. W. RAGSDALE, - .Mr. J \V. RAGSDALE moved to lay the amendment on the table. The q uestion was taken on agreeing to the motion of the Senator from Florence, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Forrest, Goodwin, Herndon, Hy drick, Johnson, Mayfield, McDermott, McLeod, Peurifoy, J. W. Ragsdale, Raysor, Stackhouse, Warren, Williams—I6. Nays—Messrs. B rice, Brown, Butler, Carpenter, Davis, Dean, Dennis, Douglass, Gaines, Hardin. Hood, Manning, Marshall, Mc Call, McIver, Mower, Sharpe. Stanland, Talbird, Walker—20} So t he motion was lost. The a mendment was then adopted.

22—5. J .-(500) 324 J OURNAL OF THE SENATE,

PAIRS A NNOUNCED.

mI a paired with Senator Sheppard. If he were present, he would vote “No ;” I would vote “I.” .G. W RAGSDALE. On m otion of Mr. HYDRICK, the Bill was further amended: Section 2 . That the Circuit Judges of this State shall have power and authority, at chambers or in open Court, to make such orders as may be necessary or proper to enforce this Act. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?” it was decided in the affirmative. S. 9 3.—Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. The B ill was read, and, on motion of Mr. ALDRICH, the amend ment proposed by the Committee was agreed to: That a ll after the enacting words in said Bill be stricken out and in lieu thereof insert the following: Section I . That on and after the passage of this Act, all widows of soldiers and seamen in the service of the State or of the Confederate States, who were married to such soldiers or seamen at the close of the war between the States, shall be entitled to pensions, irrespective of the age of such woman. Section 2 . That all soldiers or seamen now entitled to pensions under existing laws, who have become totally blind or who may hereafter become blind, shall be placed in Class A of pensions, and paid acordingly. _ Amend t he title by striking out the words, “by eliminating the age limit.” On m otion of Mr. GOOD\VIN, the Bill was further amended by adding to the Bill as reported by the Committee, the folowing as Section 3: . No b ona fide soldier or seaman who served in the State or the Con federate States in the war between the States, and is otherwise en titled to a pension under existing laws, shall be denied his pension on account of not having attained the age of sixty years. The q uestion being put, “Shall this Bill pass and be engrossed for a third reading?" it was decided in the affirmative. S. 1 22.—Mr. Aldrich: A Bill for an exhibit of industries and re sources of South Carolina at the Louisiana Purchase Exposition to be held in the city of St. Louis, Missouri, during the year 1904. WEDNESDAY, F EBRUARY 11, 1903. 325 Mr.. G W. RAGSDALE moved to strike out the enacting words of the Bill. After d ebate by Messrs. G. W. RAGSDALE, ALDRICH, HOOD, HERNDON, RAYSOR, MAYFIELD, MANNING, BLAKE and STANLAND, The q uestion was taken on agreeing to the motion of the Senator from Fairfield, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice, Butler, Davis, Dean, Douglass, Forrest, Gaines, Goodwin, Hardin, Hood, Johnson, McLeod, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Stackhouse, Warren—I8. Nays—Messrs. A ldrich, Blake, Brown, Carpenter, Dennis, Hay, Herndon. Hydrick, Manning, Marshall, Mayfield, McCall, McDer mott, McIver, Mower, Sheppard, Stanland, Talbird, Walker, Wil hams—20. So t he motion was lost. The q uestion being put, “Shall this Bill pass and be engrossed for a third reading ?” it was decided in the affirmative. S. 2 50.——Mr. Sheppard: A Bill to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms ; to prevent contagious diseases and destroy destructive insects in orchards, vineyards and other places in the State. The B ill was read the third time. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives?” it was decided in the afiirmative.

GENERAL O RDERS.

THIRD READING BILLS.

S. I 30.—Mr. Manning: A Bill to amend Sections I846 and 1929 of Volume 1, Civil Code of South Carolina, regulating annual meet ings of corporations. The B ill was read, and, on motion of Mr. HYDRICK, was amended as follows: by i nserting after the word “Section,” in line 22. Section I, and also after the same word in line 28. Section 2, of the printed Bill, the following: “ \Vithin a reasonable time after written demand by any stock 326 J OURNAL OF THE SENATE.

holder f or a meeting of the stockholders and election of Directors as herein provided for, served on the President, Secretary or other exe cutive officer of the corporation, whose duty it may be to call such meeting.” The q uestion being put, “Shall this Bill pass and be ordered sent to the House of Representatives?” it was decided in the afiirmative. S. 1 53.——Mr. Marshall: A Bill to authorize the appointment of certain banking corpora-tions or trust companies as trustees, execu tors, administrators, guardians, receivers or assigns. On m otion of Mr. SHEPPARD, the Bill was laid upon the table, there being a House Bill upon the same subject. H.. R 176.——Mr. Gaston: A Bill to amend Section 15 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” on page 1085 of the Acts of 1902, Volume 23, Statutes at Large, by providing an increase of compensation for the Coroner of Chester County. The B ill was read. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the affirmative. S. 1 96.—Mr. McIver: A Bill to amend Section 2449 of the Code of Laws of South Carolina, I902, concerning the laws of certain mortgages. On m otion of Mr. MCIV ER, the Bill was laid upon the table. S. 2 65.—Mr. Peurifoy: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commis sioners to pledge the levy for ordinary County purposes for the year 1903, to secure the same. The B ill was read, and, on motion of Mr. PEURIFOY, was amended as follows: By s triking out on line 7, of Section 1, the word “July” and insert ing in lieu thereof the word “June ;” and by striking out the word “October,” on line 8 of same Section, and inserting in lieu thereof the word “September ;” so that said Section as so amended shall read. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives P” it was decided in the affirmative. S. 2 87.—.\Ir. Stanland: A Joint Resolution to appoint a Commis Sion to pay to Colleton County the proportion due by Dorchester County of the bonds issued by Colleton County in aid of the Green WEDNESDAY, F EBRUARY 11, 1903. 327

Pond. \ Valterboro and Branchville Railroad, and to provide for com pensation for such Commission and for collection of said bonds. The Joint Resolution was read. The question being put. “Shall this Joint Resolution pass and be sent to the House of Representatives?” it was decided in the afﬁrma tive.

SECOND R EADING BILLS.

S. 1 5.—Mr. von Kolnitz: A Bill to amend Section 1851 of the 'Code of Laws of South Carolina, 1902, Volume I, and (to conﬁrm the amendments to certain charters heretofore granted by the Secretary of State. . Upon m otion of Mr. VON KOLNITZ. the Bill was laid upon the table S. 2 47.—Mr. Brice: A Bill to amend Section 2730, Civil Code of South Carolina, Vol. I, by providing that summer and fall or winter terms of Courts shall be held by each Circuit Judge within his own Circuit. On m otion of Mr. BRICE, the Bill was continued until the next session of the General Assembly. . S. 2 77.—Mr. Goodwin: A Bill to prohibit the importation of dis eased stock into this State. (Favorable) The B ill was read and ordered placed on the Calendar for a third reading. > S. 2 84.—-Mr. Blake: A Joint Resolution to authorize and require the Treasurer of Abbeville County to refund to Mays Cleveland cer tain taxes overpaid. On m otion of Mr. BLAKE. the Joint Resolution was laid upon the table. H.. R 292.—Mr. Williams: A Bill to incorporate the Indianola Power Company. (Without reference or printing.) ‘ On motion of Mr. G. \V. RAGSDALE, the Bill was ordered printed f or further Consideration. H.. R 294.—Mr. Haskell: A Bill to authorize the appointment of certain banking corporations or trust companies, as trustees, execu tors. administrators, guardians, receivers or assignees. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 304.—-.\'Ir. Gaston: A Bill relating to the recordation of railroad mortgages. 328 J OURNAL OF THE SENATE,

The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. H.. R 306.—M r. Gaston: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien of certain mortgages. The B ill was read, and, on motion of Mr. McIV ER, was amended as follows: ' Sec.f I o printed Bill. by adding at end of said Section the words, “Except mortgages or deeds of trust, covering the whole or any part of the real or personal property of a railroad company.” Ordered p laced on the Calendar for a third reading, with notice of amendments. .H. R 314.—C0mmittee Substitute: A Bill to amend Section 20 of the Code of Civil Procedure, ﬁxing the times for the holding of the Circuit Courts of the Third Judicial Circuit. The B ill was read, and, on motion of Mr. J. W. RAGSDALE, was amended by substituting as Section 7: “That t his Act shall take effect immediately upon its approval, and all Acts and pants of Acts inconsistent herewith are hereby repealed.” At 1 .45 o’clock P. M., the Sergeant-at-Arms announced the Honor able the Speaker and members of the House of Representatives.

RATIFICATION O F ACTS.

The H onorable the Speaker and members of the House of Repre sentatives attended in the Senate Chamber at 1.45 o’clock P. M., when the following Acts and Joint Resolutions were duly ratified: H.. R 187 (H. 109).—Mr. Hendrix: An Act to authorize and re quire the Comptroller General to refund to the executors of John T. Youngblood any amount paid in excess to the amount due. H. R . 114 (H. 25).—Mr. Logan: An Act to amend the first para graph of Section 1011, of Vol. I, of the Code of Laws of South Caro lina, relating to Magistrates for Charleston County. H.. R 190 (H. 184).—Mr. Kelley: An Act to authorize the Com missioners of the Sinking Fund to lend funds to the County Board of Commisisoners of Lee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment of the same. H.. R 186 (H. I49).—~Mr. Bomar: An Act to validate and confirm all acts of the city of Spartanburg in relation to the issuance of cer tain street improvement bonds, and to make provision for the pay ment of interest on such bonds and for retiring them at maturity. WEDNESDAY, F EBRUARY 11, 1903. 329

.H. R 179 (H. 239).—Mr. Youman's: An Act disposing of surplus funds in the hands of the Commissioners of the Home of the Poor, of Hampton County. H.. R 182 (H. 199).—Mr. Kelley: An Act to authorize and re quire the County Board of Commissioners of Lee County to build a jail for said County and to levy a tax therefor. H.. R 167 (H. I30).—Mr. Kelley: An Act to authorize the Bish opville Graded School District No. I to issue bonds for the purpose of erecting a building for the public schools, and to provide for the payment thereof. H.. R 97 (H. 53).—Mr. Peurifoy: An Act to direct the manage ment of a surplus school fund which has accumulated in Saluda County. H.. R 184 (H. I Io).——Mr. Jeremiah Smith: An Act to provide for the special election in Horry County on the question of the stock law. H.S. 3 ( 26).—Mr. Marshall: An Act to regulate the employment of children in factories, mines and manufacturing establishments in this State. 0S. 4 (H. 212).—Mr. Blake: An Act to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commis sioners of Abbeville County to pay the past indebtedness of said County, and to authorize the said County Board of Commissioners to pledge the special tax levy herein provided for to secure the same. 2S. 6 (H. 287).—Mr. Hough: A Joint Resolution to require the Treasurer of Lancaster County to refund to J. B. Langley certain taxes. Mr. H ARDIN moved that when the Senate adjourn, it stand ad journed to meet at II o’clock to—morrow morning. The m otion was agreed to. On m otion of Mr. HARDIN, at 2 o’clock P. M., the Senate re ceded from business until 8 o’clock P. M.

. R ECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT. REPORTSF O COMMITTEES.

Mr. W ALKER, from the Committee on Offices and Officers, sub mitted an unfavorable report on 330 J OURNAL OF THE SENATE. S. 1 29.—Mr. Aldrich: A Bill to amend Section 3 of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, so as to increase the compen sation of the County Treasurer. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R I74.—Mr. Hill: A Bill to amend Section 761 of the Civil Code of South Carolina, Vol. 1, relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County. Ordered f or consideration to-morrow. . M r. MAYFIELD, from the Committee on Judiciary, submitted an unfavorable report on .H. R I 75.—Mr. Rainsford: A Bill to amend Section 1663, Code of Laws of South Carolina, by increasing the penalty for usury to twenty-five per centum Of the principal. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on . S. 2 83.—Mr. Raysor: A Bill to further regulate the appointment and pay of State Constables, by striking out Section 661, Civil Code (being in Volume 1, Code of Laws, 1902, page 271). Ordered f or consideration to—morrow. Mr. W ALKER, from the Committee on Offices and Officers, sub mitted a favorable report, with amendments, on H.. R 315.—Mr. Doar: A Bill to fix the amount of salary of Pro bate Judge of Georgetown County. Ordered f or consideration to-morrow. - Mr. W ALKER, from the Committee on Offices and Officers, sub mitted a favorable report on H.. R 316.—Mr. McGill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. I, 1902, relating to salaries of officers in Greenwood County. Ordered f or consideration to-morrow. Mr. \ VALKER, from the Committee on Offices and Oflicers, sub mitted a favorable report on .H. R 317.—Mr. Peurifoy: A Bill to amend Section 11 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved WEDNESDAY, F EBRUARY 11, 1903. 331 the 2 7th day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties. Ordered f or consideration to-morrow. . Mr. \ VALKER. from the Committee 011 Offices and Officers, sub mitted a favorable report on H.. R 318.——Mr. Stuckey: A Bill to create an additional township in Lee County. Ordered f or consideration to—morrow. Mr.. G W. RAGSDALE, from the Committee on Incorporations, submitted a report, without recommendation, on H.. R 321.—Mr. Bomar: A Bill to incorporate the Electric Manu facturing and Power Company of Spartanburg. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 339.—Mr. Whaley: A Bill to amend Chapter LXXXIX., of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter, and by adding certian Sections thereto. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report on the following Claims, which were immediately considered and adopted: H.. R 192.—Claim of C. H. Lesesne, balance salary as Supervisor of Registration VVilliamsburg County, $6.25. .H. R 222.—Owen Alderman, search for Charles Jeficoat, $51. 25. H.. R 223.—Carolina National Bank, for bringing Edward Butler from State of George, $34.12. .H. R 227.—G. P. Scarborough, services agent State bringing Henry Byrd from Hamlet, N. C., on December 19, 1902, $6. H.. R 228.—-T. R. Blackwell, reward for William Sullivan, $50. H.. R 233.—J. E. Swearengen, for $60, reward for George Mar tin; W. G. Outz, reward for capture of George Martin, $40. H.. R 234.—J. D. Daniels, \Villiamsburg County, for capture .Harry C Holloway, $64.28. _ H. R. 235.—R. L. Bryan & Co., for executive ofiice, $43.20. H. R. 236.—-T. W. McMillan, reward for Julian Foster, $100. H. R. 341.—Chas. Petty. advertising, $68.42. H: R. 342.—C. E. Epton, salary, $32.56. H. R. 343.—Robt. Shelor, stenographic services, $49. H. R. 344.—-Jas. \V. Ballentine, tax abatement, $8.80. 332 J OURNAL OF THE SENATE, H.. R 345.—Edith M. de Lorme, special stenographer, $30. H. R. 346.—Barnwell People, $67.50. H. R. 347.—News Printing Co., advertising, $29.61. H. R. 348.—Mr. W. Harrell, refund taxes, $11.09. H. R. 349.—Monitor Printing Co., $68.58. H. R. 3 50.—Excelsior Knitting Mills, tax abatement, $740. .H. R 351.—The State Co., advertising, $39.52. S. 3 58.—Mr. GAINES: Joint Report of the Legislative Com mittee to examine the books, &c., of the State Treasurer, Comp troller G eneral and the Sinking Fund Commission. To t he General Assembly of South Carolina: Your C ommittee appointed to make quarterly examinations of the offices of the State Treasurer, Comptroller General and Sink ing F und Commissioners, beg to report:

STATE T aaasuaaa’s OFFICE.

Receipts.

C ash on hand Jan. 1, 1902 ...... $237,743 25 Receipts ﬁrst quarter ending March 31, 1902 ...... 1,202,458 61 Receipts second quarter ending June 30, 1902 ...... ,. . .. 901,243 21 Receipts third quarter ending Sept. 30, 1902 ...... 683,282 56 Receipts fourth quarter ending Dec. 31, 1902 ...... 1,189,675 1 3 $4,214,402 7 6

Expenditures.

Expenditures ﬁ rst quarter ending March 31, 1902...... $1,080,765 96 Expenditures second quarter-ending June 3 0, 1902 ...... 988,744 08 Expenditures third quarter ending Sept. 3 0, 1902 ...... 664,949 80 Expenditures fourth quarter ending Dec. 8 1, 1902...... 1,049,145 21 3,783,605 0 5

Cash b alance Jan. 1, 1903 ...... $430,797 7 1 WEDNESDAY, F EBRUARY 11, 1903. 333

COMPTROLLER G ENERAL’s OFFICE.

Receipts.

C ashbalance Jan. 1, 1902 ...... $225,295 69 Receipts ﬁrst quarter ending March 31, 1902 ...... 1,202,458 61 Receipts second quarter ending June 30, 1902 ...... 901,248 21 Receipts third quarter ending Sept. 30, 1902 ...... 683,282 56 Receipts fourth quarter ending Dec. 31, 1902 ...... 1,189,675 13 — $4,201,855 20

Expenditures.

Expenditures ﬁ rst quarter ending March S lst, 1902 ...... $1,089,485 73 Expenditures second ...... 973,073 40 Expenditures third...... '. 660,623 00 Expenditures fourth ...... 1,062,057 04 —— $3,785,239 17

Cash balance Jan. 1st, 1908 ...... $416,616 08 Add outstanding warrants, Jan. 1st, 1908 ...... 14,181 68

Treasurer’s balance Jan. 1st,-1903.. $480,797 71

ORDINARY S INKING FUND.

Assetsn o hand from year 1901. . . . $49,897 22 Receipts from collections and inter est for 1902 ...... 12,894 69 $62,291 91 Expenditures for 1902 ...... 4,684 54

$57,607 37 Increase in Ordinary Sinking Fund for 1902 ...... $8,210 15 The Ordinary Sinking Fund is invested as follows: Loans to Counties ...... $44,092 84 Cashn i banks ...... 13,514 58 —— $57,607 37 334 J OURNAL OF THE SENATE,

CUMULATIVE S INKING FUND. nAssets o hand from year 1901 . . . $420,515 52 Receipts from phosphate royalty for 1902 ...... 25,715 40 Receipts f rom interest for 1902. . . 13,458 91 —— $459,684 83 Increase in Cumulative Sinking ' Fund f or 1902 ...... $39,169 81 The Cumulative Sinking Fund is invested as follows: Permanent investment in C. Bonds a nd Stocks ...... $113,740 56 Loan to complete State House ..... 149,206 66 Loans to Counties ...... 188,777 81 Loanso t banks, secured by S. C. Bonds a nd Stocks...... 9,400 00 Cash in Banks ...... 53,559 80 ' — $459,684 83

INSURANCE Smxme FUND.

Cash on hand January 1st, 1902.. . . $8,111 22 Receipts for 1902 ...... 4,885 25 — $7,496 47 Less paid ﬁre loss Newberry Court House ...... $844 30 Less refunds and paid appraisers of loss ...... 119 50 ——--—- $963 80

Balance on hand to credit insurance Sinking Fund, Jan. lst, 1908. . $6,532 67

We h ave examined the books of account in the respective ofﬁces, and ﬁnd the same correct, with proper vouchers to cover. Respectfully submitted. J. M. GAINES, On the part of the Senate. J. G. RICHARDS, JR., A. D. DEAN, SR., On the part of the House of Representatives.

Received a s information. WEDNESDAY, F EBRUARY 11, 1903. 335

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 5 9.—Mr. DEAN : A Bill to provide for compilation and publi cation of complete statistics concerning the cotton crop of South Carolina. Read t he first time and referred to the Committee on Agriculture. S. 3 6o.—Mr. BROWN: A Bill to amend Section 1262 of Vol. 1, Code of laws of South Carolina, 1902, relating to meetings of the Board of Trustees of the South Carolina College. Read t he first time and referred to the Committee on Education. S. 3 61.—Mr. BROWN (by request): A Joint Resolution to au thorize and empower the Board of Trustees of South Carolina Col lege to improve lands of said College, to build thereupon, to borrow money for such purpose and to pledge the lands so improved for the money so borrowed. Read t he first time and referred to the Committeeon Education.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 8 1.—\Ir. McLeod: A Bill to fix salaries for County officers of Lee County. Returned w ith amendments. On m otion of Mr. MCLEOD. the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. H.. R 362.——Mr. Aull: A Bill to further regulate the appointment and pay of State Constables by striking out ScCtion 661, Civil Code (being in Vol. 1., Code of Laws), 1902, page 271. Read t he first time and referred to the Committee on Dispensary. Also, t he following Claims, which were referred to the Committee on Claims and Grievances: .H. R 363.—Claim of Winnsboro Publishing Company, $42.99. H.. R 364.-Claim of the State Board of Canvassers. H.. R 365.—Record Publishing Co.. $29.92. H. 3 66.—The Kershaw Era, $18.00. H. 3 67.——The Ledger, Gaffney, $18.59. 336 J OURNAL OF THE SENATE, H. 3 68.—The Darlington News, $33.00. H. 369.——Summerville Publishing Co., $37.53. H. 370.—S. P. Driggers, $41.44. H. 371.—Dorchester Eagle, $39.32. H. 372.—County Messenger, Darlington, $33.36. H. 373.—Marlboro Democrat, $18.00. H. 374.—Jno. H. Buchanan, $40.32. H. 375.—-Aiken Recorder, $19.33. H. 376.—-Aiken Times, $19.33. H. 377.—Journal and Review, Aiken, $19.33. H. 378.—R. L. Hagood, $13.40. H. 379.—Mrs. M. L. Hall, $12.37}.

SECOND R EADING BILLS.

S. 2 86.—Mr. Peurifoy: A Joint Resolution to authorize the County Board of Commissioners of Colleton County to approve cer tain claims for services rendered and material furnished, and to re quire the Treasurer of said County to pay the same. The J oint Resolution was read and ordered placed on the Calendar for a third reading. S. 2 88.—Mr. Johnson: A. Bill to amend Section 4 of an Act en titled “An Act to authorize and empower the Trustees of School Dis trict No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary profits to go to the school funds, and to provide contingent fees. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 90.--Mr. Aldrich: A Bill to authorize municipal or other cor porations or individuals to lay pipes for water supply across public roads and non-tidal navigable streams. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 91.-—Mr. Gain-es: A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitant-s. WEDNESDAY, F EBRUARY 11, 1903. 337 The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendment. .H. R 293.—Mr. Peurifoy: A Bill to authorize and empower the Commisisoners of the Sinking Fund to lend funds to the County Board of Commissioners of Saluda County and to provide repayment thereof. On m otion of Mr. G. W. RAGSDALE, the Bill was ordered printed. H.. R 295.—Mr. Ready: A Bill to authorize and empower the Trustees of the School District No. I, of Saluda County, to order an election and to issue coupon bonds of said school district for school purposes. On m otion of Mr. G. W. RAGSDALE, the Bill was ordered printed. .H. R 297.—-Mr. Aull: A Bill to amend Section 2038 of the Code of Laws of South Carolina. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 3o5.—Mr. Cooper: A Bill to amend Section 816 of the Code of Laws of Sonth Carolina, Volume I, so as to include Laurens County in the provisions of said Section. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 309.—Mr. Hendrix: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for cotton weighers at Pickens, Easley and Liberty, in Pickens County, and Secena, in Oconee County,’ approved February 28th, 1899,” so as to exempt the cotton weighers and purchasers at the Easley and Pickens cotton mills from the operation thereof, approved the 17th day of February, A. D. 1900, so as to include Glenwood and Liberty mills. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 3II.-—Mr. Magill: A Bill to repeal the law requiring the Magistrates of Greenwood to issue all process to the Sheriff. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 312.—Mr. Tribble: A Bill to provide for reindexing the judgment entered up in the office of the Clerk of Court for Anderson County. The B ill was read and ordered placed on the Calendar for a third reading. 338 J OURNAL OF THE SENATE, .H. R 313.—Mr. Cooper: A Bill to amend Section 2432 of the Civil Code, 1902, by changing the time in which distress warrants may be issued. - The B ill was read and ordered placed on the Calendar for a third reading. H.. R 325.—Mr. Morgan (by request): A Bill to authorize and empower the Trustees of the school district of the city of Greenville to order an election and to issue coupon bonds of said school district for school purposes. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 326.—Mr. Wingo: A Joint Resolution to authorize and re quire the Treasurer of Abbeville County to refund to Mays Cleveland certain taxes overpaid. ' The J oint Resolution Was read, and, on motion of Mr. BUTLER. was amended as follows: By a dding at end of title the following: “and authorize and require the Treasurer of Cherokee County to refund to C. A. Turner certain taxes overpaid.” Amend R esolution by adding a new Section, to be known as Sec tion 2, as follows: "Section 2. That the Treasurer of Cherokee County be, and is hereby, authorized and required to refund to C. A. Turner the sum of two and 50-100 dollars ($2.50), amount of tax overpaid by said C. A. Turner in 1901, and take his receipt for same. Ordered p laced on the Calendar for a third reading. H.. R 327.—Mr. James: A Joint Resolution to require the pay— ment of one hundred and twenty-five dollars to Bright Williamson. of Darlington, for money advanced by him for the County. The J oint Resolution was read and ordered placed on the Calendar for a third reading. ‘

RECONSIDERATION.

Mr. ' MARSHALL moved to reconsider the vote whereby the unfavorable report had been adopted and the Bill rejected on H.. R 298.—-Mr. DeBruhl: A Bill to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the bank in which the same is deposited. The m otion was agreed to. On m otion of Mr. MARSHALL, the Bill was recommitted to the Committee on Finance. WEDNESDAY, F EBRUARY 11, 1903. - 339

SPECIAL O RDERS.

The S enate resumed the consideration of Special Orders. S. 1 61.—Mr. Hood: A Joint Resolution .to appoint a Committee to investigate the management of the State Dispensary. (Third reading.) The B ill was read. Mr. S HARPE moved to strike out the enacting words of the Joint Resolution. Mr. M AYFIELD presented the following communication and asked that it be spread upon the Journal, which was agreed to:

Columbia, S . C., February 11th, 1903. Senator S. G. Mayfield, Senate Chamber, Columbia, S. C. Dear S ir: At your request, I furnish you the cost and selling price .of Hunter Rye and that of Cream of Carolina. Hunter costs $10.00 for quarts, $12.00 for pints and $13.00 for half pints, an average of $12.00 per case ; the selling price is $1.25 for quarts, 85 cents for pints and 50 cents for half pints. The cost of Cream of Carolina is $9.20 for quarts, $9.20 for pints, $9.20 for half pints, an average of $9.20. The selling price is $1.00 per quart, 50 cents per pint and 25 cents half pint. So you will see from this that the average percentage is very near the same. You also asked me about the statement that Dispensers had ordered goods and could not get them, other goods being substituted in their place. I will say in reply _to that, that it is absolutely untrue. I have a record in my office of every order, 'showing what was ordered and what was shipped, and my shipping book will show what was sent, and in no case do I find that any goods were substituted; on the contrary, I hand you a circular letter addressed to Dispensers, in which I state that no substitutions will be made unless requested on their order; this is one of many. New goods have been sent to Dispensers with other shipments; it is an order of the Board that when new goods are bought, an introductory shipment shall be made of such goods, which has been done. oI d not wish to appear as opposing an investigation, for I do not. I do not object to a full and complete investigation of all of my official acts; but I do not think that I would be justified in letting statements derogatory to my management go unchallenged. Very t ruly, H. H. CRUM, Commissioner. 2 3—e. J.—(500) 340 J OURNAL OF THE SENATE,

Columbia, S . C., November 11th, 1902. To Dispensers: You will please send in your orders for Christmas goods not later than December 10th, as it will be impossible for shipments made you from State Dispensary after the 2lst instant to reach you in time for Christmas trade. Therefore, in order that we may be able to fill as nearly as possible your orders, mail them to this office not later than December 10th. In no instance will we substi tute one brand of liquor for another, unless you have second choice so specified on your order. We will make no shipments after the 215t instant until the 27th, so it is important that your orders reach nus i time to receive proper attention. Yours truly, H. H. CRUM, Commissioner. After d ebate by Messrs. MAYFIELD, VON KOLNITZ. STAN LAND, G. \V. RAGSDALE, ALDRICH, BROWN, SHEPPARD, HOOD, McIVER, MAYFIELD and SHARPE, Mr. S HEPPARD moved that the Joint Resolution be recommitted to the Committee on Dispensary. Mr. R AYSOR offered as a substitute the following Resolution, which was accepted by the mover:

Resolved, T hat Joint Resolution No. 161 be recommitted to the Committee on the Dispensary, and that Committee have power and authority to send for persons and papers, to employ a stenographer and investigaate the necessity for the passage thereof, and that the testimony before said COmmittee be reported to this session of the Senate, and that the Committee be allowed to sit during the sessions of the Senate.

The q uestion was taken on agreeing to the Resolution of the Sena tor from Orangeburg, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice, Brown, Carpenter, Davis, Douglass, Good win, Hardin, Herndon, Hood, Marshall, McCall, McDermott, McIver, McLeod, G. W. Ragsdale, Stackhouse, Stanland, Talbird— 18. Nays—Messrs. A ldrich, Blake, Butler, Dean, Dennis, Forrest, Gaines, Hay, Hydrick, Johnson, Manning, Mayfield, Mower. Raysor, Y Sharpe, Sheppard, von Kolnitz, Walker, Warren, Williams—20. So t he Resolution was adopted. I S. 193.—Mr. Hood: A Bill to amend Section 556 of the Criminal WEDNESDAY. F EBRUARY 11, 1903. 341 fCode o 1902, so as to increase the number of members of the Board of Directors of the State Dispensary from three to seven members, and to require bonds of same. The B ill was read. Mr. M A YFIELD moved to indefinitely postpone the Bill. After d ebate by Messrs. HOOD, RAYSOR, BRICE and MAY FIELD, The q uestion was taken on agreeing to the motion of the Senator from Bamberg, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Butler, Carpenter, Dennis, Forrest, Gaines, Goodwin, Hay, Hydrick, Johnson, Mayfield, McDermott, Mower, Raysor, Sharpe, Sheppard, von Kolnitz, Walker, Warren, Williams—~21. N a ys—Messrs. Brice, Brown, Davis, Dean, Douglass, Hardin, Herndon, Hood, Marshall, McCall, McIver, McLeod, Ragsdale, G. W., Stackhouse, Stanland, Talbird—lfi. So t he motion was adopted. S. 1 94.-—Mr. Hood: A Bill to amend Section 557' of Criminal Code of 1902, by striking out the last proviso thereof. Mr. M AYFIELD moved to strike out the enacting words of the Bill. After d ebate by Messrs. HOOD, SHEPPARD and MAYFIELD, The q uestion was taken on agreeing to the motion of the Senator from Bamberg, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Dennis, Forrest, Goodwin, Hay, Johnson. Mayfield, Sharpe, Warren—10. Nays—Messrs. B rice, Brown, Butler, Davis, Dean, Douglass, Gaines, Hardin, Herndon, Hood, Hydrick, Marshall, McCall, Mc Dermott, McIver, McLeod, Mower, Ragsdale, G. W., Raysor, Shep pard, Stackhouse, Stanland, Talbird, von Kolnitz, Walker, Wil liams—26. ‘ So t he motion was lost. The B ill was read the second time and ordered placed on the Calendar for a third reading, with notice of general amendments. LEAVEF O ABSENCE. Mr. F ORREST asked and obtained leave of absence for the Sena tor from Colleton for one day. -On motion of Mr. HERNDON, at 10.25 o'clock P. M., the Senate adjourned. 342 J OURNAL OF THE SENATE,

Thursday, F ebruary 12, 1903.

The S enate assembled at 1 1 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer byethe Rev. 0. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. GAINES, the further reading of the Journal was dispensed with.

REPORTSF O COMMITTEES.

Mr. W ILLIAMS, from the Committee on Medical Affairs, sub mitted a report, recommending that it be continued until the next ses sion, on S. 1 60.—~Mr. Williams: A Bill to regulate the practice of medicine ln South Carolina, to provide for a State Board of Medicine Examin ers, and to deﬁne their duties and powers. On i mmediate consideration, the report was adopted and the Bill continued until next session. Mr. S TANLAN D, from the Committee on Dispensary, submitted an unfavorable report on S. 2 73.—Mr. McIver: A Bill to further regulate the purchase and sale of intoxicating liquors and beverages, and to provide for the dis bursement of the proﬁts aocruing to the State arising therefrom. On i mmediate consideration, the unfavorable report of the Com mittee was adopted and the Bill rejected. Mr. D AVIS, from the Committee on Printing, submitted a favor able report on H.. R 239.—Mr. Thomas: A Bill to supply bound copies of the Code of Laws of South Carolina, 1902. to certain members of the General Assembly. Ordered f or consideration tO-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report, with amendments, on H.. R 302.———Mr. Jeremiah Smith: A Bill to authorize the Probate Judge of Horry County to pay Delphine A. Vereen. THURSDAY, F EBRUARY 12, 1903. 343

Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on S. 3 54.—Mr. Manning: A Bill to provide for the charter fees for Domestic Building and Loan Association. ‘ ' On motion of Mr. MANNING, the Bill was read a second time and ordered placed on the Calendar for a third reading. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 3 57.—Mr. Goodwin: A Bill to punish all persons who obtain any money or valuable security from any person while under con tract (either written or verbal) to labor for any other person, ﬁrm or corporation, to be guilty of a breach of trust with a fraudulent intent, and punished as for larceny. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted an unfavorable report on S. 3 59.—Mr. Dean: A Bill to provide for compilation and publi cation of complete statistics concerning the cotton crop of South Carolina. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on S. 3 60.-—Mr. Brown: A Bill to amend Section 1262 of Vol. 1, Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of the South Carolina College. Ordered f or consideration to—morrow. Mr. B ROWN, from the Committee on Education, submitted an unfavorable report on S. 3 6l.—Mr. Brown (by request) : A Joint Resolution to author ize and empower the Board of Trustees of South Carolina College to improve lands of said College, to build thereupon, to borrow money for such purpose and to pledge the lands so improved for the money so borrowed. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 3 82.—-Mr. Manning: A Bill to amend Section 1555 of the Civil Code (being Volume 1, Code of Laws, 1902), by providing for sepa rate scales and additional platforms for the city of Sumter during certain speciﬁed months. Ordered f or consideration to-morrow. 34-4 J OURNAL OF THE SENATE,

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 80.—Mr. HERNDON: A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County, one hundred and seventy-five dollars as commissions for disbursing the Court House and jail fund. S. 3 81.——Mr. vox KOLNITZ: A Bill to amend Section 38 of Criminal Code of Laws of South Carolina, 1902, relating to grand juries. Read t he first time and placed on the Calendar without reference. S. 3 82.—-Mr. MANNING: A Bill to amend Section 1555 of the Civil Code (being Volume 1, Code of Laws, 1902), by providing for separate scales and additional platforms for the city of Sumter, dur ing certain specified months. Read t he first time and referred to the Committee on Agriculture.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The House sent the Senate the following:

MESSAGE N0. 16.

In t he House of Representatives, Columbia, S. C., February 12, 1903. Mr; President and Gentlemen of the Senate: The House respectfully inforrn-s your honorable body that it has continued S. 7.—-Mr. Blake: A Bill to ﬁx the time for the payment of taxes and penalties thereon. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

SPECIAL O RDERS.

The f ollowing Special Orders were read the' third time, passed and ordered to be sent to the House: THURSDAY, F EBRUARY 12. 1903. 345 S. 9 .-—Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. S. 1 22.—Mr. Aldrich: A Bill for an exhibit of industries and re sources of South Carolina at the Louisiana Purchase Exposition to be held in the city of St. Louis, Missouri, during the year 1904. S. 1 94.—Mr. Hood: A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof.

GENERAL O RDERS.

THIRD R EADING BILLS.

The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 5 8.~Mr. Herndon: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved 26th day of Feb ruary, A. D. 1902. S. 1 97.-—\Ir. McIver: A Bill concerning certain mortgages. The a mendment proposed by the Committee was adopted, to wit: Section 1 , line 8, after “within” and before “months,” strike out “six” and insert “three.” S. 2 77.—Mr. Goodwin: A Bill to prohibit the importation of dis eased stock into this State. S. 2 86.—-Mr. Peurifoy : A Joint Resolution to authorize the County Board of Commissioners of Colleton County to approve certain claims for services rendered and material furnished, and to require the Treasurer of said County to pay the same. S. 2 88.—\Ir. Johnson: A Bill to amend Section- 4 of an Act en titled “An Act to authorize and empower the Trustees of School Dis trict No. 60, in the County of Aiken and the town of VVagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary proﬁts to go to the school funds, and to provide contingent fees. S. 2 90.—Mr. Aldrich: A Bill to authorize municipal or other cor porations or individuals to lay pipes for water supply across public roads and non-tidal navigable streams. ' S. 2 91.—Mr. Gaines: A Bill to amend Section 1210, Code of Laws 346 J OURNAL OF THE SENATE,

of 1 902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives, with amendments: H.. R 294.—Mr. Haskell: A Bill to authorize the appointment of certain banking corporations or trust companies, as trustees, execu tors, administrators. guardians, receivers or assignees. On m otion of Mr. SHEPPARD, the Bill was amended by striking out “fifty thousand” and inserting “twenty—five thousand,” relating to capital stock. .H. R 3o4.—Mr. Gaston : A Bill relating to the recordation of rail road mortgages. On m otion of Mr. MCIVER, the Bill was amended by striking out “recordation” and inserting “recording” in the title. H.. R 3o6.—Mr. Gaston: A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien of certain mortgages. H.. R 314.—Committee Substitute: A Bill to amend Section 20 of the Code of Civil Procedure, fixing the times for the holding of the Circuit Court of the Third Judicial Circuit. On m otion of Mr. WALKER, the following amendment was adopted: ,Sec. 1 paragraph 3, line 15, by striking out the word “tenth” and inserting in lieu thereof the word “sixth.” nAlso, i Sec. 1, paragraph 6, line 38, strike out word “sixt ” and insert in lieu thereof the word "tenth." Strike o ut figure “7” after word “Sec.,” on page 3, and insert fig ure “2.” H.. R 326.—Mr. Wingo: A Joint Resolution to authorize and re— quire the Treasurer of Abbeville County to refund to Mays Cleveland certain taxes overpaid. The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: H.. R 297.—Mr. Aull: A Bill to amend Section 2038 of the Code of Laws of South Carolina. .H. R 3o5.—-Mr. Cooper: A Bill to amend Section 816 of the Code of Laws of South Carolina, Volume I, so as to include Laurens County in the provisions of said Section. H.. R 309.—Mr. Hendrix: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for cotton weighers THURSDAY, F EBRUARY 12, 1903. 347 at P ickens, Easley and Liberty, in Pickens County. and Seneca, in Oconee County,’ approved February 28th, 1899,” so as to exempt the cotton weighers and purchasers at the Easley and Pickens cotton mills from the operation thereof, approved the 17th day of February, A. D. 1900, so as to include Glenwood and Liberty mills. H.. R 3II.—-Mr. Magill: A Bill to repeal the law requiring the Magistrates of Greenwood to issue all process to the Sheriff. H.. R 312.—Mr. Tribble: A Bill to provide for reindexing the judgment entered up in the office of the Clerk of Court for Anderson County. _ .H. R 313.—Mr. Cooper: A Bill to amend Section 2432 of the Civil Code, .1902, by changing the time in which distress warrants may be issued. H.. R 325.—Mr. Morgan (by request): A Bill to authorize and empower the Trustees of the school district of the city of Greenville to order an election and to issue coupon bonds of said school district for school purposes. H.. R 327.—Mr. James: A Joint Resolution to require the pay— ment of one hundred and twenty-five dollars to Bright Williamson, of Darlington, for money advanced by him for the County.

NLAID O THE TABLE.

S. 2 17.——Mr. Marshall: A Bill to amend Section 2038 of the Code of Laws of South Carolina. 1902. On motion of Mr. MARSHALL, the Bill was laid upon the table.

SPECIAL O RDER IMMEDIATELY AFTER THIRD READ ING BILLS AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

S. 3 5.——Mr. von Kolnitz: A Bill to amend Section 1119 of the Civil Code, Vol. 1 of the Code of Laws of this State, being part of Article 11., relative to physicians, apothecaries and dentists, which Article is a part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the quantity of licenses of pharma ceutists. The B ill was read. Mr. B RICE moved to indeﬁnitely postpone the Bill. 348 J OURNAL OF THE SENATE,

After d ebate by Messrs. VON KOLNITZ and SHEPPARD, the motion was adopted. _ S. 3 6.—-—Mr. von Kolnitz: A Bill to amend Section 1126 of the Civil Code of Vol. 1 of the Code of Laws of this State, a part of Arti - c le II., relative to physicians, apothecaries and dentists, which Arti— cle is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to sale of medicines already prepared. The B ill was read. After d ebate by Messrs. MANNING and \'0N KOLNITZ, On m otion of Mr. SHEPPARD, the Bill was indefinitely post poned. S. 3 7.—Mr. von Kolnitz: A Bill to amend Section.1116 of the Civil Code, Vol. 1 of the Code of LaWs of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII. This amendment being relative to the quantity of licenses of pharmacists, relative to the places of meeting of the Board of Pharmaceutical Examiners. The B ill was read. On m otion of Mr. BRICE, the Bill was indefinitely postponed. S. 3 8.——Mr. von Kolnitz: A Bill to amend Section 1122 of the Civil Code, Volume I of the Code of Laws of this State, being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the duties of licensed pharmaceu tists, apothecaries and retail druggists. ’ The B ill was read. After d ebate by Messrs. VON KOLNITZ and WILLIAMS, On m otion of Mr. BRICE, the Bill was indefinitely postponed. S. 4 4.—\Ir. von Kolnitz: A Bill to amend Section 1120 of the Civil Code, Volume 1 of the Code of Laws of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to charges for examination and li censing 0f pharrnaceutists. The B ill was read. On m otion of Mr. BRICE, the Bill was indefinitely postponed. S. 8 6.—Mr. von Kolnitz: A Bill to amend Section 304 of the Criminal Code of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. On m otion of Mr. VON KOLNITZ, the Bill was laid upon the table and the following Bill taken up: H.. R 111.—Mr.- Sinkler: A Bill to amend Section 304 of the THURSDAY, F EBRUARY ‘12, 1903. 349 Criminal C ode of this State, relative to prosecutions by the Pharma ceutical Association of the State of South Carolina. The B ill was read, and, on motion of Mr. BRICE, was indefinitely postponed. H.. R 112.—Mr. Sinkler: A Bill to amend Section» 1116 of Civil Code, Vol. I of the Code of Laws of this State, being a part of Arti— cle 11., relative to physicians, apothecaries and dentists, which article is part of Chapter XXIII., under Title VIII. of said Code, this amendment being relative to the places of meeting of “The Board of Pharmaceutical Examiners.” Mr.ON V KOLNlTZ moved that the Bill be laid upon the table, as the Senate Bill upon the same subject had been indefinitely post pon-ed. S. 2 74.—Mr. Mower: A Bill to amend Section 1119 of the Civil Code of 1902, so far as it relates to “applicants shall be required to undergo pharmaceutical examinations.” The B ill was read. ‘ Mr. B RICE moved to indefinitely postpone the Bill. After d ebate by Messrs. MOWER, VON KOLNITZ, SHEP PARD and WILLIAMS. the motion prevailed, and the Bill was in definitely postponed.

SECOND R EADING BILLS.

S. I 6.—Mr. von Kolnitz (by request): A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume I. Mr.ON V KOLNITZ proposed the following amendment, which was ordered printed in the Journal: Strike o ut all after “Provided,” in Section I, and insert, “That no railroad shall be required to charge a passenger fare of less than ﬁve cents for the entire distance traveled." S. 2 7.-—Mr. Hydrick: A Bill to give the Railroad Commissioners jurisdiction over all telephone lines in this State. After d ebate by Messrs. HYDRICK, MARSHALL, G. W. RAGSDALE. MAYFIELD, MANNING and RAYSOR, .Mr. G W. RAGSDALE moved to continue the Bill until the next session of the General Assembly. The q uestion was taken on agreeing to the motion of the Senator from Fairﬁeld, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brice, Davis. Dennis, Forrest, 350 J OURNAL OF THE SENATE,

Gaines, H ardin, Hay, Hough, Manning, Marshall, McCall, McDer mott, McLeod, G. W. Ragsdale, J. W. Ragsdale, Sharpe, Sheppard, Stackhouse, Stanland, T albird, Walker, Warren, W illiams—25. Nays—Messrs. B rown, Butler, Carpenter, Dean, Douglass, Good win, Herndon, Hood, Hydrick, Johnson, Mayfield, Mower, Raysor— 13. _ So t he motion was adopted. S. 8 0.—Mr. Dennis: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved February 27th, 1902. The u nfavorable report was laid upon the table. The B ill was read. Mr. B RICE moved to indefinitely postpone the Bill. After d ebate by Mr. DENNIS, the motion was withdrawn. After f urther debate by Mr. HAY, the Bill was passed and ordered placed on the Calendar for a third reading. S. 1 04.—Mr. Sharpe (by request): A Bill to provide for a State Bacteriologist. The B ill was read. On m otion of Mr. JOHNSON, the enacting clause was stricken out. H.. R 115.—Mr. Coggeshall: A Joint Resolution to refund to E. Keith Dargan, of Darlington County, certain taxes. The J oint Resolution was read and ordered placed on the Calendar for a third reading. H.. R I I6.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. On m otion of Mr. G. W. RAGSDALE, the unfavorable report was indefinitely postponed. The B ill was read. After d ebate \by Messrs. G. W. RAGSDALE and BLAKE, Mr. S HEPPARD moved that when the Senate adjourn, it be ad journed to meet to-morrow at I 1 o’clock A. M. The m otion was agreed to. On m otion of Mr. G. W. RAGSDALE, at 2.15 o’clock P. M., the Senate adjourned. FRIDAY, F EBRUARY 13, 1903. 351

Friday, F ebruary 13, 1903.

The S enate assembled at 11 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. Walter I. Herbert. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. BRICE, the further reading of the Journal was dispensed with.

REPORTSF O COMMITTEES. _

Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on .H. R 172.—Mr. Logan: A Bill to amend Section 156 of the Code of Civil Procedure, being Vol. 2 of the Code of Laws of South Caro lina, 1902, relating to the publication of summons. Ordered f or consideration to-morrow. Mr. M OW'ER, from the Committee on Finance, submitted a fa vorable report, with amendments, on .H. R 177.—Mr. Lofton: A Joint Resolution to require the Sink ing Fund to refund certain moneys to H. M. Lofton, Jr., and James Reedy. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 202.—Mr. Thomas: A Bill to amend and extend the benefits and provisions of the Code of 1902, Sections 1347 and 2023, to the personal representative in case of death. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on .H. R 270.~—-Mr. Kibler: A Bill to provide for a Department of Insurance. Ordered p laced on the Calendar and made the Special Order for Tuesday next at 8 o’clock P. M. 352 J OURNAL OF THE SENATE, Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable r eport, with amendments, on. H.. R 271.—.\-'Ir. Mauldin (by request) : A Bill to provide for the investigation of incendiary fires and for the better prevention of ex cessive fire insurance rates. Ordered p laced on the Calendar and made the Special Order for Tuesday next at 8 o’clock P. M. Mr. T ALBIRD, from the Committee on Legislative Library, sub mitted a favorable report on S. 2 78.-—Mr. Mower: A Joint Resolution to require the State Librarian to furnish certain Judges and Solicitors with copies of Code of Laws of South Carolina, 1902. Ordered f or consideration to-morrow. Mr. H OOD, from the Committee on Commerce and Manufac tures, submitted an unfavorable report on .H. R 328.—Mr. Dorroh: A Bill to require the Board of Trustees and Faculty of Clemson College to provide and furnish short courses of one month each in the textile department. Upon i mmediate consideration, the unfavorable report was adopted and the Bill rejected. ‘ Mr. A LDRICH. from the Committee on the Dispensary, submit ted a favorable report on H.. R 362.—Mr. Aull: A Bill to further regulate the appointment and pay of State Constables by striking out Section 661, Civil Code (being in Vol. 1, Code of Laws), 1902, page 271. Ordered f or consideration to-morrow.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 3 83.—-M-r. HARDIN: A Bill to prescribe a mode of enforcing obedience to Statutes regulating the sale of commercial fertilizers and to prohibit the sale of such fertilizers containing more than eight per cent. of moisture or short in weight two per cent. or more. Read t he ﬁrst time and referred to the Committee on Agriculture. S. 3 84.——Mr. MOWER: A Bill relating to the examination of the accounts of the State Treasurer, Comptroller General and the Commissioners of the Sinking Fund. Read t he ﬁrst time and placed on the Calendar without reference. S. 3 85.—Mr. \VILLIAMS: A Bill to authorize the Trustees of FRIDAY, F EBRUARY 13, 1903. 353

Kingstree S chool District of Williamsburg County to issue bonds for the purpose of erecting school buildings and equipping same, and purchasing a lot or lots. - Read t he first time and placed on the Calendar without reference. S. 3 86.—Mr. MARSHALL: A Bill to provide for the completion of the terrace around the State Capitol and for other necessary work in and about the building. Read t he first time and referred to the Committee on State House and Grounds. S. 3 87.—The Committee on Public Buildings: A Bill to amend Section 633 of the Civil Code (Vol. I, Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the fur niture of the Senate Chamber and Senate Committee rooms; Read t he first time and placed on the Calendar without reference. S. 3 88.—Mr. HERNDON: A Bill to amend Section 11 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27h day of February, 1902. Read t he first time and referred to the Committee on Finance. S. 3 89.—Mr. STANLAND: A Bill to prohibit giving away or selling intoxicating liquors at or near election precincts on election days. Read t he first time and referred to the Committee on Privileges and Elections.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: ' H.. R 390.—T0 make appropriations to meet the ordinary ex— penses of the State government for the fiscal year commencing Jan— uary the first, 1903. Read t he first time and referred to the Committee on Finance. H.. R 391.——Mr. Quick: A Bill to authorize the County Board of Education of Marlboro County to reimburse the Trustees of Beauty Spot School District for money expended by them for teachers’ sal— aries. Read t he first time and referred to the Committee on Education. .H. R 392.~—Mr. Harrellson: A Bill to amend Section 4 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27h day of February, A. D. 1902, so as to increase the salary of the Sheriff of Horry County. 354 J OURNAL OF THE SENATE,

. R ead the first time and referred to the Committee on Offices and Officers. .H. R 393.—Mr. Bass: A Bill to amend Section 11 of an Act en— titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of this State,” approved Feb ruary 27, 1902, by striking out the word “five” on the 27th line of said Section and inserting in lieu thereof the word “six,” so as to increase the salary of the County Superintendent of Education of \Villiamsburg County. Read t he first time and referred to the Committee on Offices and Officers. .H. R 394.—Mr. Moses: A Bill to provide for a monument to the memory of W'ade Hampton. Read t he first time and referred to the Committee on Finance. H.. R 395.—Mr. Moss: A Bill to amend Section 1036 of Civil Code of South Carolina, Vol. 1, increasing the number of Magis trates and Constables, changing their jurisdiction and fixing their compensation. ' Read t he first time and referred to the Committee on Judiciary. H.. R 396.—-Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers. Read t he first time and referred to the Committee on Judiciary. H.. R 397. 'Mr. Morgan (by request) : A Bill to amend an Act entitled “An Act to amend Section 43I, Vol. 2, Revised Statutes 1893, so as to prohibit sale and shipping of partridges for five years," approved February 9, 1900, so as to include deer and wild turkeys within its provisions, approved February 25, 1902, as to the burden of proof. Read t he first time and referred to the Committee on Judiciary. H.. R 398 (H. 271.—Mr. Lesesne) : A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. Read t he first time and referred to the Committee on Judiciary. H.. R 399.——Suhstitute: A Bill to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carry ing, manufacture and sale of pistols, and to make a violation of the same a misdemeanor,’ approved 20th February, 1901. by striking out certain words and inserting other words in lieu thereof,” approved 25th February, 1902, by prohibiting leasing, renting, bartering, ex changing and handling pistols. Read t he first time and referred to the Committee on Judiciary. FRIDAY, F EBRUARY 13, 1903. 355

H.. R 4oo.—l\"lr. King: A Bill to amend an Act entitled an Act- to provide for the election of Trustees for School District No. 16 in the County of Florence, approved the 15th day of February, A. D. 1901, so as to regulate the election and term of Trustees and the assess ment and collection of a special tax. Read t he first time and referred to the Committee on Education. R.. R 401.-—Mr. Sinkler: A Bill granting to the United States the title of the State to and the jurisdiction of this State over certain lands on Sullivan’s Island, in Charleston County, for military pur— poses. Read t he first time and referred to the Committee on Judiciary. .H. R 402.—Mr. Lanham: A Bill to require common carriers of passengers to transport baggage or sample trunks of two hundred and fifty pounds weight, or less, free of charge, with any passenger. Read t he first time and referred to the Committee on Railroads. H.. R 403.—Mr. Coggeshall: A Bill to define the law relating to certain forms of commercial papers. Read t he first time and referred to the Committee on Judiciary. H.. R 4o4.—Claim of W. H. Gibbes, Jr., services rendered as Au ditor of Richland County, $16.03. Read t he first time and referred to the Committee on Claims and Grievances. ' MESSAGE N o. 17. In t he House of Representatives, Columbia, S. C., February 13, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has indefinitely postponed H. 319 (S. 8.—Mr. Raysor) : A Bill to require all parents or guar dians to compel their children or wards to attend school for eight weeks in each year. Very respectfully, M. L. SMITH, fSpeaker o the House. Received as information.

MESSAGE N 0. 18. In t he House of Representatives, Columbia, S. C., February 13, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has 24-5. J.—(500) 356 J OURNAL OF THE SENATE,

appointed M essrs. Rainsford and Kibler on the part of the House, under “An Act to provide for the examination into expenditure of appropriations for State educational institutions, the condition of the same, and report to the General Assembly.” ' Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

UNFINISHED B USINESS.

The S enate proceeded to the consideration of H.. R 116.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2. providing for ten-year convicts to serve sentences on public works of the County. The B ill was read. After f urther debate by Messrs. RAYSOR, G. W. RAGSDALE, BRICE, McIVER and BLAKE, Mr. H YDRICK moved that the further consideration of the Bill be postponed, which was agreed to. Mr. H YDRICK then offered the following Resolution: Resolved, T hat the Superintendent of the Penitentiary be, and he is hereby, required to transmit to the Senate at once the contract made with John M. Graham for the furnishing to him of convicts within the Penitentiary, and all papers in connection therewith, or copies thereof; and that he also inform the Senate whether or not the terms of said contract have been fully complied with by said Graham, and whether the Directors of the Penitentiary have had any trouble, under existing laws, in complying with the same on their part. And t hat the Clerk of the Senate furnish a copy of the foregoing Resolution forthwith to the Superintendent of the Penitentiary. Upon i mmediate consideration the Resolution was adopted. On m otion 0g Mr. MOWER, the consideration of Special Orders were postponed and the Senate proceeded to the consideration of matters upon the Calendar uncontested.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bill was read the third time, passed and ordered sent to the House of Representatives: FRIDAY, F EBRUARY 13, 1903. 357 S. 8 0.—Mr. Dennis: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County ofiicers of the various Counties of the State,” approved February 27th, 1902. On m otion of Mr. DENNIS, the Bill was amended by adding at the end of line 39, the words: “And t hat duty is hereby devolved upon the Board of County Commissioners of said County.” S. 3 54.—Mr. Manning: A Bill to provide for the charter fees for Domestic Building and Loan Associations. The f ollowing Joint Resolution was read the third time, passed and ordered enrolled for ratification: H.. R 115.—Mr. Coggeshall: A Joint Resolution to refund to C. Keith Dargan, of Darlington County, certain taxes.

SECOND R EADING BILLS.

S. 1 6.—Mr. von Kolnitz (by request) : A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1. The B ill was read, and, on motion of Mr. VON KOLNITZ, was amended as follows: Strike o ut all after the word “Provided,” and insert, “That no railroad shall be required to charge a passenger fare of less than five cents for the entire distance traveled.” Ordered p laced' on the Calendar for a third reading. S. 1 64.-—\’Ir. von Kolnitz: A Bill to amend Section 278 of the Criminal Code, 1902, by making certain offenses in connection with party registration and primaries misdemeanors, and prescribing pen alties therefor. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 181.—Mr. Cooper: A Bill to repeal an Act to incorporate the Clinton College Association, approved December 24th, A. D. 1890. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 68.—-Mr. Brice: A Bill to amend Section 1067 of an Act en titled “An Act to amend Sections 1065, 1066 and 1067, Chapter XXII., Volume 1, of the Code of Laws of South Carolina, 1902, re lating to pensions,” approved 26th day of February, A. D. 1902, reducing the amounts of pensions to each class. On m otion of Mr. BRICE, the Bill was continued until the next Session of the General Assembly. 358 J OURNAL OF THE SENATE, .H. R 269.——Mr. Morgan: A Bill to ratify the amendment to Sec tion 2, of Article VII., of the Constitution of 1895, relating to Coun— ties and County government. The B ill was reau and the yeas and navs were called, resulting as follows: Yeas-Messrs. A ldrich, Blake, Brice, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Johnson, Manning, Marshall, Mayfield, McCall, Mower, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stack house, Stanland, von Kolnitz, Walker, \Varren, VVilliams—32. S. 2 72. Mr. Brown: A Bill to amend Section 1208 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to limit the time of elec tions provided for therein. The B ill was read and ordered placed on the Calendar for a third reading. S. 2 85.-—Mr. Blake: A Joint Resolution to provide for the pay ment of seventy-five dollars to J. S. vGibert, ex—Superintendent of Education of Abbeville County. The J oint Resolution was read and ordered placed on the Calendar for a third reading. H.. R 292.—-Mr. Williams: A Bill to incorporate the Indianola Power Company. The B ill was read, and, on motion of Mr. HOUGH, was amended as follows: _ Amen-d S ec. 2, line 13, printed Bill, by striking out all beginning with the word “or” down to and including the word same line 24, printed Bill. Strike out Section 4 and insert: Section 4 . The said corporation shall have the right to condemn such property and rights of way as may be necessary to enable said company to successfully construct, erect and operate the said rail-I roads, electric railways, electric works and water works for public uses, on payment to the owner or owners thereof just compensation, such property, rights of way to be condemned, and such compensa tion to be determined in the manner now provided by law for the condemnation of lands and rights of way by railroad corporations. Amend S ec. 1 by adding after the word “recited,” on line 18, the following: “Provided, In so constructing such dam or dams, canals, mills, buildings or machine shops, proper fishways and sluices over said dam or dams shall be constructed, so as not to permit migratory fish from crossing same ;” and should such manufacturing company, companies or persons refuse or fail to do so, they shall be liable to a FRIDAY, F EBRUARY 13, 1903. 359 ffine o five thousand dollars, recoverable by the County in which such dam may be erected, in a Court of competent jurisdiction.” Ordered p laced on the Calendar for a third reading, with notice of amendments. .H. R 293.——Mr. Peurifoy: A Bill to authorize and empower the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Saluda County and to provide repayment thereof. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 295.—Mr. Ready: A Bill to authorize and empower the_ Trustees of the School District No. I, of Saluda County, to order an election and to issue coupon bonds of said school‘district for school purposes. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 296.—Mr. Aull: A Bill to amend an Act entitled “An Act to enable and authorize School District No. 14, in Newberry County, to issue bonds for the purpose of building and erecting school houses therein,” approved February 26, A. D. 1902. The B ill was read and ordered placed on the Calendar for a third reading. H.. R 299—Mr. Brooks: A Joint Resolution to authorize the Re gents of the State Hospital for the Insane to purchase the Seegers property, and to provide paying the same. The J oint Resolution was read and ordered placed on the Calendar for a third reading, with notice of amendments. H.. R 3oo.—I\Ir. Brooks: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 301.-—Mr. Lide: A Bill to refund taxes overpaid by John C. Funchess. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 302.—Mr. Jeremiah Smith: A Bill to authorize the Probate Judge of Horry County to pay Delphine A. Vereen. The B ill was read, and the amendments proposed by Committee were adopted, to wit: Amend t itle ‘by striking out all after the word “authorized,” in line 1 thereof, down to and including the word “to,” in line 3, and insert 360 J OURNAL OF THE SENATE, in l ieu thereof the words “and direct the Commissioners of the Sink ing Fund to sell and convey to Delphia A. Vereen all.” Strike o ut all after the enacting words and insert in lieu thereof the following: Section I . That the Commissioners of the Sinking Fund of the State of South Carolina are authorized and directed to sell and con vey to Delphia A. Vereen, for the sum of five dollars, all the right, title and interest of the State in the estate of A. L. Pendergrass, late of Horry County, deceased, and upon the production of such convey ance the Probate Judge of said County shall pay the same to her. Ordered p laced on the Calendar for a third reading. H.. R 303.—Mr. Dowling: A Bill to authorize and empower Bam berg School District No. 14, of Bamberg County, in the State of ' South Carolina, to issue bonds for the purchase of a lot and the erec tion and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon. The B ill was read. and, on motion of Mr. SHEPPARD, was amended by striking out Section 8. .H. R 315.—-Mr. Doar: A Bil to fix the amount of salary of Pro bate Judge of Georgetown County. The B ill was read, and the amendment proposed by the Committee was adopted, to wit: Add a nother Section to be known as Section 2. “Section 2. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.” Ordered p laced on the Calendar for a third reading. H.. R 316.—Mr. McGill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. I, 1902, relating to salaries of officers in Greenwood County. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. .H. R 317.—\Ir. Peurifoy: A Bill to amend Section II of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties. The B ill was read and ordered placed on the Calendar for a third reading. v H.. R 318.—Mr. Stuckey: A Bill to create an additional township in Lee County. FRIDAY, F EBRUARY 13, 1903. 361 The B ill was read and ordered placed on the Calendar for a third reading. .H. R 321.—Mr. Bomar: A Bill to incorporate the Electric Manu facturing and Power Company of Spartanburg. The B ill was read. I Mr.. G W. RAGSDALE proposed the following amendments, which were ordered printed in the Journal: Strike o ut after the word “not,” on line 11, Section 2, all down to and including the word “corporations,” on line 16. Strike o ut Sections 3 and 7. Ordered p laced on the Calendar for a third reading. .H. R 322.—Mr. Lyles: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon, and extend the police jurisdiction. The B ill was read, and the amendments proposed by the Commit tee were adopted, to wit: To a mend the title bv striking out the words “Counties and" in the first line. To a mend Section 1, line 1, by striking out the words “Counties and.” Ordered p laced on the Calendar for a third reading. .H. R 324.—Mr. Bomar: A Bill to amend Sections 1239 of Vol. 1 of the Code of Laws of South Carolina, 1902, relating to sale of books by County Superintendents of Education. The B ill was read and ordered placed on the Calendar for a third reading. 7 S. 3 38.—Mr. Marshall: A Bill to amend Sec. 3095, of Vol. I, of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. The B ill was read and ordered placed on the Calendar for a third reading. S. 3 52.—Mr. Douglass: A Joint Resolution to empower towns and cities of five thousand inhabitants and over to subscribe the mainten ance of public libraries. The J oint Resolution was read and ordered placed on the Calendar for a third reading. S. 3 53.—Mr. Gaines: A Joint Resolution to authorize the County Treasurer of Greenwood County to pay certain claims held by H. J. Kinard against School Districts Nos. 1, 6 and 7 of said County. 362 J OURNAL OF THE SENATE, The J oint Resolution was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 3 56.—\Ir. Johnson: A Bill authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. The B ill was read and ordered placed on the Calendar for a third reading. S. 3 57.—Mr. Goodwin: A Bill to punish all persons who obtain any money or valuable security from any person while under contract (either written or verbal) to labor for any other person, firm or cor poration, to be guilty of a breach of trust with a fraudulent intent, and punished as for larceny. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 3 59.—Mr. Dean: A Bill to provide for compilation and publica tion of complete statistics concerning the cotton crop of South Caro lina. On m otion of Mr. DEAN, the Bill was continued until the next session of the General Assembly. S. 3 6o.-—Mr. Brown: A Bill to amend Section 1262 of Vol. 1, Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of the South Carolina College. The B ill was read and ordered placed on the Calendar for a third reading. S. 3 80.—Mr. Herndon: A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County, one hundred and seventy-five dollars as commissions for dis bursing the Court House and Jail fund. The J oint Resolution was read and ordered placed on the Calendar for a third reading. S. 3 81.—Mr. von Kolnitz: A Bill to amend Section 38 of Criminal Code of Laws of South Carolina, 1902, relating to grand juries. The B ill was read and ordered placed on the Calendar for a third reading. H. 3 82.—Mr. Manning: A Bill to amend Section 1555 of the Civil Code (being Vol. 1, Code of Laws, 1902), by providing for separate scales and additional platforms for the city of Sumter during certain specified months. The B ill was read and ordered placed on the Calendar for a third reading. ' FRIDAY, F EBRUARY 13, 1903. 363

SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

VETOF O THE GOVERNOR.

S. 1 37.—Mr. McIver: A Bill to authorize the Receiver of the President, Directors and Company of the State Bank or his succes claimedsor to sue to have the Statebeen lost to establishor destroyed. his right to I certain State bonds

On m otion of Mr. MCIVER. the Special Orders were discharged and made the Special Order for Tuesday next. H.. R 174.—Mr. Hill:_ A Bill to amend Section 761 of the Civil Code of South Carolina, Vol. 1, relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County. The B ill was read. . On m otion of Mr. PEURIFOY, the Bill was amended as follows: By s triking out in the title the words, “relating to the awarding of contracts for the repairs of highways and bridges.” And a mend Section 1 by striking out on lines 2 and 3 the words, “relating to the awarding of contracts for the repair of highways and bridges.” And a mend by striking out the word “may” on line 10. nAnd o line 15, after the word “the” and before the word “Orange burg,” strike out “County of” and insert “Counties of Colleton and ;” so that said Section when so amended shall read: Ordered p laced on the Calendar for a third reading. 8. 3 55.—Mr. Warren: A Bill to amend Section 26 of the Code of Procedure, being Volume 2 of Code of Laws, 1902, relating to the summer terms of the Circuit Court of this State. The B ill was read. On m otion of Mr. WARREN, the Bill was amended as follows: Strike o ut the last three words of the title of the Bill, to wit: “of this State” and insert instead the words, “in the Second Judicial Cir cuit.” , Ordered p laced on the Calendar for a third reading. H. 1 47.—~Mr. Morgan: A Bill to amend Sections 6 and '7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of this State,” approved the 26th day of February, 1902. 364 ' J OURNAL OF THE SENATE. The B ill was read. Mr. H ERNDON proposed the following amendment: Strike o ut all of section 1, beginning with the words “Section 6,” and insert: “Section 6 . All male persons able to perform the labor herein re quired, from the age of eighteen to fifty years of age, inclusive, re siding in this State, except ministers of the Gospel in actual charge of a congregation, teachers employed in a public school, School Trustees, and persons permanently disabled in the military service of the State, and persons who served in the late war between the States, and all persons actually employed in the quarantine service of the State, shall be liable to road duty, and shall be required annually to perform labor on highways, under the direction of the overseer of the road district in which he shall reside, for such a number of days not less than two nor more than eight, as may be fixed by the Board of County Commissioners of the County in which such labor is to be performed at the first regular meeting in January of each and every year, or at any called meeting during the month of January of each and every year: Provided, All students while actually attending any of the colleges or schools in this State shall be exempt from road or street duty or the payment of any commutation tax.” Mr. H YDRICK moved to amend the amendment by striking out “eighteen,” on line 6, and insert “twenty-one” in lieu thereof. After d ebate by Messrs. HYRDICK and HERNDON, The q uestion was taken on agreeing to the amendment of the Sen ator from Spartanburg, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B utler, Dean, Douglass, Hood, Hydrick, McCall, McIver—7. - Nays—Messrs. A ldrich, Blake, Brice, Carpenter, Davis, Dennis, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hough, Johnson, Manning, Marshall, Mayfield, McLeod, Mower, Peurifoy, G. W. Ragsdale, RaysOr, Sharpe, Sheppard, von Kolnitz, Walker, Warren, Williams—~28. So t he amendment was lost. Pending t he further consideration, the following leaves of absence were granted:

FLEAVE O ABSENCE.

Mr. R AYSOR asked and obtained leave of absence for the Sena tor from Oconee until Monday next. FRIDAY, F EBRUARY 13, 1903. 365

Mr. B RICE asked and obtained leave of absence for the Senator from Horry until Monday next. Mr. G AINES ask-ed and obtained leave of absence for the Sena— tor from Lee until Monday next. Mr. S HARPE asked and obtained leave of absence for the Sena tor from Georgetown until Tuesday next. Mr. v ox KOLNITZ asked and obtained leave of absence for the Senator from Beaufort until Monday next. Mr. S TANLAND asked and obtained leave of absence for the Senator from Berkeley until Monday next. Mr. H OUGH moved that when the Senate adjourn, it stand ad journed to meet to-morrow morning at 1 1 o’clock, which motion was adopted. At 2 .15 o’clock P. M., on motion of Mr. SHEPPARD, the Senate receded from business until 8 o'clock P. M. '

RECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT. The PRESIDENT presented the following communication:

Columbia, S . C., February 13th, 1903. To the Honorable the Senate of the State of South'Carolina: In o bedience to the resolution of your honorable body, of this date, I have the honor to transmit herewith to your honorable body the contracts called for in said resolution, and a statement showing when and by whom the convicts now in the Penitentiary are employed. J.. M Graham has always complied with his part of this contract, and the Board of Directors have not been able to carry out their part of the contract as to furnishing the number of 300 convicts, as men tioned in the contract, for the reason that the convicts have not for the last few years been available, as will be noticed by reference to convict statement also herewith submitted. Very r espectfully, ' D. J. GRIFFITH, Superintendent S outh Carolina Penitentiary. 366 J OURNAL OF THE SENATE, On m otion of Mr. HYDRICK, the contract and accompanying papers were ordered printed and laid on the desks of the members. Also,

To t he President of the Senate and the honorable Senators: The C ommittee on the Monument to Revolutionary Heroes, to be erected by the Daughters of the American Revolution of the State of South Carolina on the Capitol grounds, respectfully submit the following report: At t he State Conference D. A. R., held in Columbia, October 291b, 1902, a vote of thanks was offered to both the Senate and Legislature for the column patriotically donated the D. A. R. of South Carolina for a monument to the men who so largely aided in the independence of our country. By t he vote of this Conference, the thirteen Chapters of the State are obligated to raise the necessary money for erecting the monument from this column in a style worthy of the State of South Carolina, the fame of the men it will honor, and the grand society of the D. A. R. Through t he State Regent, Mrs. H. W. Richardson, each Chapter has been notiﬁed of the sacred obligation accepted, and we have every reason to believe that the monument will be erected. Bids h ave been offered this Committee. The print accompanying this report is favorably regarded, but not accepted. We h ave the honor to remain Very r espectfully, , MRs T. C. ROBERTSON, ‘ Mas. J. T. GANTT, MRS. H. W. RICHARDSON, Committee.

Received a s information.

REPORTSF O COMMITTEES.

Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, by Substitute, on S. I 52.—Mr. Blake: A Bill to amend an Act entitled “An Act to further amend Section 349 of the Revised Statutes of 1893, relating to the seizure and sale of a defaulting taxpayer’s .estate (as hereto fore amended by Act No. 349, approved 20th February, 1901, and appearing at pages 612 and 613 of the 23d Volume of the Statutes at FRIDAY, F EBRUARY 13, 1903. 367

Large), a pproved the 25th day of February, A. D. 1902, so as to con fine redemption to real estate. S. ( Substitute for 152).—A Bill to amend Section 423, Code of Laws of South Carolina, 1902, relating to sales under tax executions. Read t he first time and ordered for consideration to-morrow. Mr. M OWER, from the Committee on Judiciary, submitted a re— port, with recommendations, on - S. 1 98.——Mr. von Kolnitz: A Bill to amend an Act entitled “An Act to amend Section 349 of the Revised Statutes of 1893,” by add ing a proviso to said Section, approved 20th February, 1901, so as to make same definite. Recommending t hat the same be laid upon the table, as the subject matter is contained in Substitute for 152, herewith reported. Mr. H YDRICK, from the Committee on Railroads and Internal Improvements, submitted a favorable report, with amendments, on H. R . 203: Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in the Bill for carriage of all freights, goods, wares and merchandise, and to pro vide penalties for the violation thereof. Ordered f or consideration to—morrow. Mr. M ARSHALL, from the Committee on Railroads and Inter nal Improvements, submitted a favorable report, with amendments, on H.. R 319.-Mr. DeBruhl: A Bill to amend Section 2170 of the Civil Code, Vol. 1, Code of Laws, 1902, so as to increase the penalty provided therein, and to give one-half thereof to the person aggrieved and the other half to County. Upon i mmediate consideration the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, recommending that the same be continued until next session, on S. 3 36.—Mr. Warren: A'Joint Resolution to amend Section 26, Article III., of the Constitution of the State of South Carolina, adopted the 4th day of December, 1895, by adding a clause in refer ence to carrying concealed upon the person any deadly weapon to the oath therein required. Upon i mmediate consideration the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report on S. 3 37. Mr. Warren: A Joint Resolution to amend Section 11, Article I., of the Constitution of the State of South Carolina, adopted 4th day of December, 1895, by including all persons who shall be 368 J OURNAL OF THE SENATE,

convicted o f carrying any concealed deadly weapon incapable of holding any ofﬁce of honor or trust. Recommending t hat the same be continued until next session. Upon i mmediate consideration the report was adopted. Mr. A LDRICH, from the Committee on Military, submitted a favorable report on S. 3 40.—Mr. Butler: A Bill to exempt soldiers and sailors of the late war between the States from County or other municipal licenses, as hawker, peddler or butcher. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on H.. R 391.—Mr. Quick: A Bill to authorize the County Board of Education of Marlboro County to reimburse the Trustees of Beauty Spot School District for money expended by them for teachers’ sal aries. Ordered f or consideration to-morrow. Mr. H OOD, from the Committee on Enrolled Bills, reports the following Bills correctly enrolled and ready for ratiﬁcation: S. 4 I.—Mr. McIver: A Bill to amend Section 1880 of the Civil Code (Volume I, Code of 1902), so as to include “tramways” in its provisions. S. 6 I.—-Mr. Douglass: A Bill to provide for a voting precinct in each of the four wards in the town of Union. S. 5 I.—Mr. Douglass: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and pre scribe his duties.’ ” S. 1 36.—Mr. Carpenter: A Bill to authorize and empower the Trustees of the School District of Easley to order an election and to issue coupon bonds for said school district for school purposes. S. 2 6.——Mr. Stanland: A Bill to prevent the sale or keeping for sale of any toy pistols, caps or cartridges for same. Received a s information. '

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 4 o7.—Mr. J. W. RAGSDALE: A Bill to ﬁx the salaries of cer tain ofﬁcers in the County of Florence. FRIDAY, F EBRUARY 13, 1903. 369

Read t he ﬁrst time and ordered for consideration to-morrow, with out reference or printing. S. 4 08.—Mr. PEURIFOY: A Joint Resolution to authorize and require the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid. Read t he ﬁrst time and ordered for consideration to-morrow, with out reference.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: .H. R 405.-—_A Bill to raise supplies and make appropriations fo the fiscal year commencing January Ist, 1903. ' Read t he first time and referred to the Committee on Finance. H.. R 4o6.—A Bill to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate officers and em ployees thereof, and other purposes herein named. Read t he first time and referred to the Committee on Finance. .H. R 409.-Mr. EFlRD: A Concurrent Resolution relating to the State House roof.

Whereas, t he roof recently placed on the State Capitol leaks and is very defective, and lets quantities of water into said building, to the great damage thereof, and to the discomfort and inconvenience of members of the General Assembly and State ofﬁcers; and Whereas, t he company that furnished and placed said roof gave a bond to do said work in a proper and workmanlike manner. Now, t herefore, be it resolved, by the House of Representatives, the Senate concurring, That the Attorney General be, and is hereby, required forthwith to ascertain whether there can be a recovery from said company on said bond by the State of South Carolina on ac count of the breach of said bond, and resultant damages to this State. - R eferred to Committee on Judiciary.

MESSAGE No. 19.

In t he House of Representatives, Columbia, S. C. February 13, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has tabled 370 J OURNAL OF THE SENATE, H. 2 86 (S. 63.—\Ir. Raysor) : A Bill to amend Section 1293 of Volume I, of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information.

SECOND R EADING BILLS.

The S enate proceeded to the consideration of matters upon the Calendar which had been passed as contested. S. 1 29.-—Mr. Aldrich: A Bill to amend Section 3 of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, so as to increase the compensation of the County Treasurers. The B ill was read. Mr. S HARPE moved to indefinitely postpone the Bill. After d ebate by Messrs. ALDRICH and SHARPE, Mr. H ARDIN moved to continue the Bill until the next session. The q uestion was taken on agreeing to the motion of the Senator from Chester, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake. Carpenter, Davis, Forrest, Hardin, Hood, Hough, Manning, McCall, McDermott, Mower, Peurifoy, J. W. Ragsdale, Sheppard, Stanland, von Kolnitz, Warren, Williams—18. Nays—Messrs. A ldrich, Brice, Douglass, Gaines, Goodwin, Hay, Hydrick, Johnson, Marshall. Mayfield, McIver, Raysor, Sharpe, Stackhouse—14. So t he motion was adopted. S. I 41.—Mr. Marshall: A Bill to authorize the State Board of Directors to grant privileges for the establishment of breweries and distilleries in cities above twenty thousand inhabitante, and within one-quarter of a mile thereof. The B ill was read. ' Mr. H OOD moved to strike out the enacting words of the Bill. After d ebate by Messrs. MARSHALL, HOOD, BRICE, HOUGH, SHARPE, MAYFIELD and J. W. RAGSDALE, The q uestion was taken on agreeing to the motion of the Senator FRIDAY, F EBRUARY 13, 1903. 371 from A nderson, on which the yeas and nays were demanded and taken, resulting as follows: - Yeas—Messrs. B lake, Brice, Carpenter, Hood, Hough, Johnson, McDermott, Mower, J. W. Ragsdale—g. Nays—Messrs. A ldrich, Brown, Davis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Hydrick, Manning, Marshall, Mayfield, Mc Call, McIver, Peurifoy, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, von Kolnitz, Warren, Williams—24. So t he motion was lost. The C ommittee proposed to amend by adding after word “direc tory,” on line 1 of Section 1, the words “of the State Dispensary ;” also by inserting the same words in the title. Amend further by striking out the word “distilleries,” on line 3 of Section 1, and that the Bill as thus amended do pass. The a mendment was adopted. .Mr. J W. RAGSDALE proposed the following amendment: Strike o ut “twenty,” on line 4 of the printed Bill, and insert “four.” Mr. M ARSHALL moved to lay the amendment upon the table, which was agreed to. On m otion of Mr. VON KOLNITZ, the Bill was further amended: tAdd a end thereof of Section I, “and to designate the person to operate the same.” Ordered p laced on the Calendar for a third reading. H.. R 168.-—-Mr. Richards: A Bill to amend an Act entitled “An Act relating to the scholarships in the Winthrop Norman and Indus- - trial College,” approved the 9th day of March, A. D. 1896, by provid ing $100 for each scholarship under said Act. The u nfavorable report was adopted and the Bill rejected. .Mr. J W. RAGSDALE moved to reconsider the vote whereby the unfavorable report was adopted and the Bill rejected. Which w as agreed to. The B ill was read. Mr.. J \N. RAGSDALE proposed an amendment, and after debate by Messrs. J. W. RAGSDALE, BROWN, McIVER, RAYSOR and HARDIN, Mr. B ROWN moved to indefinitely postpone the whole matter. The q uestion was taken on agreeing to the motion of the Senator from Darlington. on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Carpenter, Douglass, Forrest, Gaines, Goodwin, Hardin, Hood, Hough, Hydrick, Johnson, Man 25—8. J .——(500) 372 J OURNAL OF THE SENATE, ning, M ayfield, McCall, Mower, Raysor, Sharpe, von Kolnitz, Wil liams—21. Nays—Messrs. Aldrich, Davis, Hay, Marshall, McDermott, Mc Iver, P eurifoy, J. \V. Ragsdale, Sheppard, Stackhouse, Stanland, Warren—12. So t he motion was adopted.

LEAVEF O ABSENCE. '

Mr. B RICE asked and obtained leave of absence'for the Senator from Cherokee until Monday. On m otion of Mr. SHEPPARD, at 10 o’clock P. M., the Senate adjourned.

Saturday, F ebruary 14, 1903.

The S enate assembled at 11 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. FORREST, the further reading of the Journal was dispensed with.

RESOLUTION. / By M r. SHEPPARD: ' R esolved, That the Speaker and members of the House of Repre sentatives be invited to attend in the Senate Chamber at 1.45 P. M., this day, for the purpose of ratifying Acts.

Upon i mmediate consideration the Resolution was adopted and an invitation sent to the House of Representatives accordingly. SATURDAY, F EBRUARY 14, 1903. 373

REPORTSF O COMMITTEES.

Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on .H. R 17o.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to fix the compensation of the Mag— istrate thereof, and of his Constable. Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted a favorable report on S. 3 83,—Mr. Hardin: A Bill to prescribe a mode of enforcing obedience to Statutes regulating the sale of commercial fertilizers and to prohibit the sale of such fertilizers containing more than eight per cent. of moisture or short in weight two per cent. or more. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on State House and Grounds, submitted an unfavorable report on S. 3 86.—Mr. Marshall: A Bill to provide for the completion of the terrace around the State Capitol, and for other necessary work in and about the building. Upon i mmediate consideration the unfavorable report was adopted and the Bill rejected. Mr. M O\'VER, from the Committee on Finance, submitted an un favorable report on S. 3 88.—.\Ir. Herndon: A Bill to amend Section 11 of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27th day of February, 1902. Ordered f or consideration to-morrow. Mr. S HEPPARD, from the Committee on Privileges and Elec tions, submitted an unfavorable report on ‘ S. 3 89.—Mr. Stanland: A Bill to prohibit giving away or selling intoxicating liquors at or near election precincts on election days. Ordered f or consideration to—morrow. Mr. M OW'ER, from the Committee on Finance; submitted a fa vorable report on .H. R 390.—To make appropriations to meet the ordinary ex penses of the State government for the fiscal year commencing Janu ary the first, 1903. Ordered f or consideration to—morrow. 374 J OURNAL OF THE SENATE, Mr. S TACKHOUSE, from the Committee on County Offices and Officers, submitted a favorable report on H.. R 392.—Mr. Harrellson: A Bill to amend Section 4 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County Officers of the various Counties of the State,” approved 27th day of February, A. D. 1902, so as to increase the salary of the Sheriff of Horry County. Ordered f or consideration to-morrow. Mr. S TACKHOUSE, from the Committee on County Offices and Officers, submitted a favorable report on H.. R 393.—Mr. Bass: A Bill to amend Section 11 of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of this State,” approved February 27, 1902, by striking out the word “five,” on the 27th line of said Section, and inserting in lieu thereof the word “six ;” so as to increase the salary of the County Superintendent of Education of Williamsburg County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on H.. R 394.—Mr. Moses: A Bill to provide for a monument to the memory of Wade Hampton. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable roport on H.. R 396.—Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 397.—-Mr. Morgan (by request): A Bill to amend an Act entitled “An Act to amend Section 431, Vol. 2, Revised Statutes 1893, so as to prohibit sale and shipping of partridges for five years,” approved February 9, 1900, so as to include deer and wild turkeys within its provisions, approved February 25, 1902, as to the burden of proof. ' Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary submitted a report, without recommendation, on .H. R 398 (H. 271.—Mr. Lesesne) : A Bill to amend Section 759, SATURDAY, F EBRUARY 14, 1903. 375 Civil C ode of South Carolina, Vol. 1, increasing the salary of Super visor to eight hundred dollars in Clarendon County. Ordered f or consideration to-rnorrow. AYMr. M FIELD, from the Committee on Judiciary, submitted an unfavorable roport on H.. R 399.——Substitute: A Bill to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carry ing, manufacture and sale of pistols, and to make a violation of the ' same a misdemeanor,’ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof,” approved 25th February, 1902, by prohibiting leasing, renting, bartering, ex changing and handling pistols. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 401.—Mr. Sinkler: A Bill granting to the United States the title of the State to and the jurisdiction of this State over certain lands on Sullivan Island, in Charleston County, for military pur poses. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 403.—Mr. Coggeshall: A Bill to define the law relating to certain forms of commercial papers. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on .H. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January Ist, 1903. Ordered f or consideration to—morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on H.. R 406.—A Bill to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate officers and em ployees thereof, and other purposes herein named. Ordered f or consideration to-morrow. Mr. H OUGH, from the Committee on Penal and Charitable Insti tutions, to whom was referred S. 2 49.-——Mr. Marshall: A Bill to authorize the Regents of the State Hospital for the Insane to purchase the Seegers property and to provide for paying for same. Also, 376 J OURNAL OF THE SENATE,

S. 2 48.—\/Ir. Marshall: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue, in the city of Columbia, and to extend Lumber street. Respectfully r eport that they have duly and carefully considered the same, and recommend that they be laid on the table. On i mmediate consideration the report was adopted. Mr. M ANNING, from the Committee on Claims, made favorable reports on the following Claims, which were considered immediately and agreed to: .H. R 363.—Claim of \Vinnsboro Publishing Company, $42.99. H. R. 365.—Record Publishing Co., $29.92. H.. R 366.—-The Kershaw Era, $18.00. H. 3 67.—The Ledger, Gaﬁ’ney, $18.59. H. 3 68.———The Darlington News, $33.00. H. 3 70.-—S. P. Driggers, $41.44. H. 3 71.—Dorchester Eagle, $39.32. H. 3 72.—County Messenger, Darlington, $33.36. H. 373.——Marlboro Democrat, $18.00. H. 3 74.~—Jno. H. Buchanan, $40.32. H. 3 75.—Ai.ken Recorder, $19.33. H. 3 76.~—Aiken Times, $19.33. H. 3 77.—J0urnal and Review, Aiken, $19.33. H. 3 78.—R. L. Hagood, $13.40.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 4 10.—Mr. HOOD: A Bill to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the ofﬁce of Clerk of Court for said County. Read t he ﬁrst time and ordered for consieration to-morrow, with out reference.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: SATURDAY, F EBRUARY 14, 1903. 377

MESSAGE N 0. 20.

In t he House of Representatives, Columbia, S. C., February 14, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has tabled S. 63 (H. 286).—Mr. Raysor: A Bill to amend Section 1293, of Volume I, of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N 0. 21.

In t he House of Representatives, Columbia, S. C., February 14, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has tabled (S. 187) H. 576.—Mr. McIver: A Bill concerning certain mort gages. Very respectfully, _ M. L. SMITH, Speaker of the House. Received as information. ' .

MESSAGE N 0. 22.

In t he House of Representatives, Columbia. S. C., February 14, 1903. Mr. President and Gentlemen of the Senate: ' The House respectfully infomis your honorable body that it has tabled H. 475 (S. 213).—Mr. Forrest: A Bill to authorize and empower the Trustees of School District No. 1 of Saluda County to order an 378 J OURNAL OF THE SENATE, election a nd to issue coupon bonds of said school district for school purposes. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE No. 23.

In t he House of Representatives, Columbia, S. C., February 14, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has accepted you invitation to attend in the Senate Chamber this day at 1.45 P. M., for the purpose of ratifying Acts. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information. The S ergeant-at-Arms announced

MESSAGE FROM THE GOVERNOR.

Message N o. 1 from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary.

MESSAGE N 0. 4.

The M essage was read as follows: Statef o South Carolina, Executive Chamber, Columbia, S. C., February 14, 1903. Gentlemen of the General Assembly} I h ave the honor to report that I have transmitted for your con sideration the Annual Report of the State Commission for the Com pletion of the State House, embracing majority and minority reports. Very r espectfully, D. C. HEYWARD, Governor and Chairman of the Commission. Received a s information. SATURDAY, F EBRUARY 14, 1903. 379

GENERAL O RDERS.

On m otion of Mr. MAYFIELD, the Senate proceeded to the con sideration of uncontested matters upon the Calendar as Third and Second Reading Bills. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. 1 41.—Mr. Marshall: A Bill to authorize the State Board of Di rectors to grant privileges for the establishment of breweries and dis tilleries in cities above twenty thousand inhabitants, and within one quarter of a mile thereof. S. 1 64.—-Mr. von Kolnitz: A Bill to amend Section 278 of the Criminal Code, 1902, by making certain offenses in connection with party registration and primaries misdemeanors, and prescribing pen quarter of a mile thereof. S. 2 72.—Mr. Brown: A Bill to amend Section 1208 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to limit the time of elec tions provided for therein. S. 2 85.—Mr._ Blake: A Joint Resolution to provide for the pay ment of seventy-five dollars to J. S. Gibert, ex—Superintendent of Education of Abbeville County. S. 3 38.—Mr. Marshall: A Bill to amend Sec. 3095, of Vol. 1, of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. S. 3 52.—Mr. Douglass: A Joint Resolution to empower towns and cities of five thousand inhabitants and over to subscribe the maintenance of public libraries. On m otion of Mr. HOOD, was amended as follows: Section 2 , line 4. of printed Bill, strike out the words “one hun dred.” and insert in lieu thereof the words, “a majority of the.” S. 3 53.—Mr. Gaines: A Joint Resolution to authorize the County Treasurer of Greenwood County to pay certain claims held by H. J. Kinard against School Districts Nos. 1, 6 and 7 of said County. On m otion of Mr. GAINES, was amended as follows: By a dding at end of Sec. 2: "Provided, That these claims shall be paid from funds to be appropriated for school year 1903-1904." S. 3 56.—-Mr. Johnson: A Bill authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. S. 3 60.—-Mr. Brown: A Bill to amend Section 1262 of Vol. 1, Code 380 J OURNAL OF THE SENATE,

of L aws of South Carolina, 1902, relating to meetings of the Board of Trustees of the South Carolina College. S. 3 8o.—.\Ir. Herndon: A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County, one hundred and seventy-five dollars as commissions for disbursing the Court House and Jail fund. S. 3 81.-—Mr. von Kolnitz: A Bill to amend Section 38 of Criminal Code of Laws of South Carolina, 1902. relating to grand juries. S. 3 82.—Mr. Manning: A Bill to amend Section 1555 of the Civil Code (being Vol. 1, Code of Laws, 1902), by providing for separate scales and additional platforms for the city of Sumter during certain specified months. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives, with amendments: ' H.. R 292.—Mr. Williams: A Bill to incorporate the Indianola Power Company. H.. R 302.-—Mr. Jeremiah Smith: A Bill to authorize the Probate Judge of Horry County to pay Delphine A. Vereen. H.. R 3o3.—Mr. Dowling: A Bill to authorize and empower Bamberg School District No. 14, of Bamberg County, in the State of South Carolina, to issue bonds for the purchase of a lot and the erec tion and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon. On m otion of Mr. MAYFIELD, the Bill was amended as follows: Amend S ec. I, line 5, of printed Bill, after “dollars,” strike out “in not more than six per cent. coupon bonds.” Amend S ec. 2. Strike out said Section and insert the following: .Sec. 2 That upon the filing of such petition, the Trustees shall make an order for the holding of such election, fixing the time and place of the same, and appointing the managers thereof, and making all provisions for the carrying out of the same. That at such special election only the qualified voters residing in such school district shall vote; and said Trustees shall publish notice of the time and place of the holding of the same for at least fifteen days in one or more news papers published in said school district. And said Trustees shall have printed, for the use of the voters in said election, an equal num ber of ballots, on one set of which shall be printed the words. “For the issuing of bonds,” and on the other set the words, “Against the issuing of bonds;” and a sufficient number of said ballots shall be SATURDAY, F EBRUARY 14, 1903. 381 placedt a the voting place on the day of the election. That the said managers shall conduct the said election, and, at the close thereof, shall canvass the vote and make a return of the result thereof in writ ing to the Board of School Trustees aforesaid. And if a majority of ballots cast at such election are “for the isuing of bonds,” then the said Board of Trustees shall issue the said bonds as hereinafter pro vided. Amend S ec. 3, line 8, after “Board,” “And Provided, That the signatures of said officers may be lithographed upon the bonds and coupons of said bonds, and such lithographing shall be sufficient signing of said bonds and coupons of said bonds.” Amend S ec. 6, line 10, by adding, “and in case of the neglect or failure of the County Auditor, or any other official, to perform the duties herein required to be performed by him, or either of them, the holder or holders of any of said bonds may enforce the same by man damus, either in the Circuit or Supreme Court of this State.” Amend S ec. 9. Strike out “9” and insert “8.” H.. R 315.—'Mr. Doar: A Bill to fix the amount of salary of Pro bate Judge of Georgetown County. H.. R 316.—Mr. McGill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. I, 1902, relating to salaries of officers in Greenwood County. ' On m otion of Mr. DAVIS, the Bill was amended. After t he word “Clarendon” strike out “six hundred” and insert “eight hundred.” .H. R 322,—Mr. Lyles: A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon, and extend the police jurisdiction. .H. R 324.—Mr. Bomar: A Bill to amend Section 1239 of Vol. I of the Code of Laws of South Carolina, 1902, relating to sale of books by County Superintendents of Education. The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: H.. R ISL—Mr. Cooper: A Bill to repeal an Act to incorporate the Clinton College Association, approved December 24th, A. D. 1890. .H. R 269.—Mr. Morgan: A Bill to ratify the amendment to Sec tion 2, of Article VII., of the Constitution of 1895, relating to Coun ties and County government. H.. R 293.—Mr. Peurifoy: A Bill to authorize and empower the 382 J OURNAL OF THE SENATE, Commissioners o f the Sinking Fund to lend funds to the County Board of Commissioners of Saluda County and to provide repayment thereof. 1 H.. R 295.—Mr. Ready: A Bill to authorize and empower the Trustees of the School District No. 1, of Saluda County, to order an election and to issue coupon bonds of said school district for school purposes. .H. R 296.—Mr. Aull: A Bill to amend an Act entitled “An Act to enable and authorize School District No. 14, in Newberry County, to issue bonds for the purpose of building and erecting school houses therein,” approved February 26, A. D. 1902. H.. R 301.—Mr. Lide: A Bill to refund taxes overpaid by John C. Funchess. H.. R 317.--Mr. Peurifoy: A Bill to amend Section 11 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties. H.. R 318.--Mr. Stuckey: A Bill to create an additional township in Lee County. .H. R 299.——Mr. Brooks: A Joint Resolution to authorize the Re gents Of the State Hospital for the Insane to purchase the Seegers property, and to provide paying the same. .H. R 3oo.—Mr. Brooks: A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue.

SECOND R EADING BILLS.

S. 6 4.—Mr. von Kolnitz: A Bill to amend the charter of the town of Moultrieville, Sullivan’s Island. On m otion of Mr. SHEPPARD, the enacting words were stricken out. .H. R 116.-Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. On m otion of Mr. HARDIN, the Bill was made the Special Order for Tuesday next. S. 1 52.——Mr. Blake: A Bill to amend an Act entitled “An Act to further amend Section 349 of the Revised Statutes of 1893, relating to the seizure and sale of a defaulting taxpayer’s estate (as hereto SATURDAY, F EBRUARY 14, 1903. 383 fore a mended by Act 349, approved 20th February, 1901, and ap pearing at pages 612 and 613 of the 23d Volume of the Statutes at Large), approved the 25th day of February, A. D. 1902, so as to con fine redemption to real estate. The o riginal Bill was laid upon the table. The S ubstitute Bill was read and ordered placed on the Calendar for a third reading. .H. R 172.—Mr. Logan: A Bill to amend Section 156 of the Code of Civil Procedure, being Vol. 2 of the Code of Laws of South Caro~ lina, 1902. relating to the publication of summons. The B ill was made the Special Order for Tuesday next, after the morning hour. H.. R 173.—Mr. Haskell: A Bill to fix the time for the inaugura tion of the Governor and Lieutenant Governor. The u nfavorable report was adopted and the Bill rejected. H.. R 175.—Mr. Rainsford: A Bill to amend Section 1663, Code of Laws of South Carolina, by increasing the penalty for usury to twenty-five per centum of the principal. The u nfavorable report was adopted and the Bill rejected. H.. R 177.—Mr. Lofton: A Joint Resolution to require the Sink ing Fund to refund certain moneys to H. M. Lofton, Jr., and James Reedy. . The J oint Resolution was read, and, on motion of Mr. MOWER, the amendments proposed by the Committee were adopted, to wit: Amend t itle by inserting after the word “require” and before the word “the,” the words “the Commissioners of.” Strike o ut the preamble. Strike o ut all after the resolving words and insert the following: “Section 1. That the Commissioners of the Sinking Fund of South Carolina be, and they are hereby, authorized and required to refund and pay to Henry M. Lofton, Jr., and James Reedy the sum of one hundred and thirty—two dollars and six cents, purchase money for land known as B. F. Fort, ‘unknown’ land, purchased by said Lofton and Reedy under tax execution as abandoned land and subsequently lost by them.” on m otion of Mr. MOWER, the Bill was further amended: In e nacting clause, strike out the word “resolved” and insert the word “enacted.” Ordered p laced on the Calendar for a third reading. H.. R 185.—Mr. Johnson: A Bill to amend Section 1888 of V01. 1, Civil Code of South Carolina, by fixing charter fees. The u nfavorable report was adopted and the Bill rejected. 384 J OURNAL OF THE SENATE, H.. R 202.—Mr. Thomas: A Bill to amend and extend the benefits and provisions of the Code of 1902, Sections 1347 and 2023, to the personal representative in case of death. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. .H. R 203.—Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in the Bill for carriage of all freights, goods, wares and merchandise, and to provide penalties for the violation thereof. On m otion of Mr. HYDRICK, the Bill was made the Special Order for Monday next at 8 o’clock P. M. H.. R 204.-—Mr. DesChamps: A Bill to protect highways from parallel or intersecting tramways, etc. P. The M. B ill was made the I Special Order for Tuesday next at 8 o’clock

S. 2 78.—Mr. Mower: A Joint Resolution to require the State Librarian to furnish certain Judges and Solicitors with copies of Code of Laws of South Carolina, 1902. On m otion of Mr. HOOD, the enacting clause was stricken out. S. 2 83—Mr. Raysor: A Bill to further regulate the appointment and pay of State Constables, by striking out Section 661, Civil Code (being Volume 1, Code of Laws, 1902, page 271). On m otion of Mr. RAYSOR, the Bill was laid upon the table. H.. R 319.-—Mr. DeBruhl: A Bill to amend Sec. 2170 of the Civil Code, Vol. I, Code of Laws 1902, so as to increase the penalty pro vided therein and to give one-half thereof to the person aggrieved and the other half to County. The B ill was read, and the amendment proposed by the Committee was adopted, to wit: By i nserting in Sec. 1, line 22 (line 5 of proposed Sec. 2170), after word “line,” the words “when a telegraph operator is on duty at such station.” Ordered p laced on the Calendar for a third reading. .H. R 323.—Mr. Cooper: A Bill to incorporate the Board of Trus tees of the Presbyterian College of South Carolina. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 329.—Mr. Thomas: A Bill to supply bound copies of the Code of Laws of South Carolina, 1902, to certain members of the General Assembly. ' The B ill was read, and, on motion of Mr. HYDRICK, was amended as follows: SATURDAY, F EBRUARY 14, 1903. 385 By i nserting in line 2, of Section 1, after the word “Provided,” the following: “and the Coroner of each County in this State.” Amend t itle by adding at end thereof the following: “and t0 the Coroner of this State.” Ordered p laced on the Calendar fora third reading. .H. R 339.—Mr. VVhalcy: A Bill to amend Chapter LXXXIX. of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter, and by adding certain Sections thereto. 1 On m otion of Mr. VON KOLNITZ, the Bill was laid upon the table. H.. R 362.—Mr. Aull: A Bill to further regulate the appointment and pay of State Constables by striking out Section 661, Civil Code (being in Vol. 1 Code of Laws), 1902, page 271. The B ill was read, and, on motion of Mr. RAYSOR, was amended as follows: In t he title, by adding to the end thereof the following: “and in sert a Section in lieu thereof.” ‘ Ordered p laced on the Calendar for a third reading. S. 3 84.—Mr. Mower: A Bill relating to the examination of the accounts of the State Treasurer, Comptroller General and the Com missioners of the Sinking Fund. . On m otion of Mr. MOW'ER, the Bill was laid upon the table. S. 3 85.—-Mr. Williams: A Bill to authorize the Trustees of Kings tree School District, of Williamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur chasing a lot or lots. The B ill was read, and, on motion of Mr. WILLIAMS, was amended as follows: ‘ Section I , line 5 (printed Bill), after the word “lot,” insert the words “or lots.” ,Sec. 3 printed Bill, line 11, strike out the word “five” and figure “5” and insert “six (6).” . Sec., 4 printed Bill, line 10, after the word “Provided,” strike out the remainder of the Section. Ordered p laced on the Calendar for a third reading.‘ S. 3 87.——The Committee on Public Buildings: A Bill to amend Section 633 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the fur' niture of the Senate Chamber and Senate Committee rooms. The B ill was read and ordered placed on the Calendar for a third reading. 386 J OURNAL OF THE SENATE. H.. R 391.—Mr. Quick: A Bill to authorize the County Board of Education of Marlboro County to reimburse the Trustees of Beauty Spot School District for money expended by them for teachers’ sal aries. The B ill was read and ordered placed on the Calendar for a third reading. S. 4 07.—Mr. J. W. Ragsdale: A Bill to fix the salaries of certain officers in the County of Florence. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. ' S. 4 08.—Mr. Peurifoy: A Joint Resolution to authorize and re quire the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid. The B ill was read and ordered placed on the Calendar for a third reading.

SPECIAL O RDER FOR MONDAY, FEBRUARY 9TH, 1903, IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY THEREAFTER AT THE SAME HOUR UNTIL DISPOSED OF.

H. I 47.—Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved the 26th day of February, 1902. On m otion of Mr. HAY, the Special Order was discharged and made the Special Order for Tuesday next at the same hour. S. 3 55.—Mr. Warren: A Bill to amend Section 26 of the Code of Procedure, being Volume 2 of Code of Laws, 1902, relating to the summer terms of the Circuit Courts of this State. The B ill was read the third time. The q uestion being put, “Shall this Bill pass and be sent to the House of Representatives ?" it was decided in the afﬁrmative. The S enate, at 1.15 o’clock P. M., on motion of Mr. SHEPPARD, went into Executive Session.

Statef o South Carolina, Executive Chamber, Columbia, January 13, 1903. To the Honorable the President of the Senate: I have the honor to submit herewith for your approval a list of ap SATURDAY, F EBRUARY 14, 1903. 387 pointments m ade by me from February 28, 1902, to January 12, 1903. Respectfully s ubmitted, M. B. MCSWEENEY, Governor.

ANDERSON.

.D. A Greer, Magistrate, Honea Path Township, February 28, 1902. P . H. Brown, Magistrate, Hopewell Township, February 28, 1902.

ABBEVILLE.

W.. T Bradley, Treasurer, to ﬁll unexpired term of J. R. Blake, December 30, 1902.

AIKEN.

L.. L Lee, Magistrate, Langley, vice C. H. German, resigned, April 25, 1902.

BARN W ELL.

N.. W Weekly, Magistrate, Ulmer, April 14, 1902.

CHESTER.

J. B axter Westbrook, Judge of Probate, vice John S. Wilson, de ceased, October 7, 1902.. DORCHESTER.

.J. R Byrd, Byrds, R. W. Limehouse, Givhans, Edward W. Hutch inson, Summerville, Supervisors of Registration, March 5, 1902.

EDGEFIELD.

.L. G Bell, Magistrate for 8th Judicial District, Cold Springs, March 18, 1902.

GREENVILLE.

G.. W Nickoll, Magistrate, Bates and Paris Mountain, vice Jasper E. W atson, resigned, October 30, 1902. 26—s. J.—(500) 388 J OURNAL OF THE SENATE,

Layton B allenger, Magistrate, Tigersville, Highland and Glassy Mountain Townships, vice George B. Phillips, resigned, November 20, 1902. GREENWOOD. W.. W Purdy, Magistrate, Verdery, vice J. W. Canﬁeld, resigned, October 23, 1902. .J. D Moore, Magistrate, Hodges, vice J. C. Moore, resigned, October 13, 1902. John K ennerly, Magistrate, Cokesbury, vice J. D. Moore, resigned, November 6, 1902. .J. M Rambo, Magistrate, Gaines, vice J. H. Burnett, resigned, November 23, 1902. .Wm. L Fouche, Magistrate, N inety-Six, vice James Rogers, elected Superintendent Education, December 17, 1902.

KERSHAW. L . W. Copeland, Magistrate, Bethune, vice L. L. Copeland, re signed, May 30, 1902. - LANCASTER.

Joseph. F Gregory, Clerk of Court, vice W. S. L. Porter, deceased (to ﬁll unexpired term), November 11, 1902. NEWBERRY.

.Wm. W Cromer, Auditor, vice W. C. Cromer, deceased, March 3, I 902 W. A. Counts, Magistrate, Little Mountain, March 29, 1902.

ORAN G EBURG. Thomas. M Felder, Magistrate, Felderville, to ﬁll unexpired term of O. B. Whetsell, October 6, 1902.

RICHLAND.

W. H ampton Cobb, Magistrate, Waverly Township, Columbia, February 28, 1902. .Earnest H Dent, Magistrate, Waverly Township, Columbia, vice W. H. Cobb, resigned, December 5, 1902. W.. H Gibbes, Jr., Auditor, Columbia, vice W. H. Squier, de— ceased, January 7, 1902. SATURDAY, F EBRUARY 14, 1903. 389

SPARTANBURG.

E.. B Donald, Magistrate, Enoree, May 24, 1902. C. E. Epton, Auditor, vice R. E. Brewton, deceased, September 9, 1902.

UNION. .Joseph F Gregory, Magistrate, Bogansville Township, Gibbes, April 29, 1902. .J. G Bailey, Magistrate, Lockhart, July 8, 1902. .W. W Johnson, Magistrate, Union, vice J. C. Hughes, resigned, December IO, 1902. .L. H Porter, Magistrate, Pinckney Township, Kelton, vice H. S. Porter, deceased, January 5, 1902.

WILLIAMSBURG.

.H. P Baldwin, Magistrate, Lake City, vice J. H. V. Gaskins, re signed, July 10, 1902. W.. J Eaddy, Magistrate, Lake City, vice J. M. Thomas, resigned, May 17, 1902. B.. E Clarkson, Magistrate, Greeleyville, vice, J. W. Windom, de ceased, January 2. 1902.

YORK.

J.. W McElhaney, Magistrate, Fort Mill Township, vice J. B. Mills, resigned, November 11, 1902. At 1 .30 o’clock P. M., the Senate returned to open session and the seal of secrecy removed from so many of the appointments as were conﬁrmed. At 1 .45 o’clock P. M. the Sergeant-at-Arms announced the Hon orable the Speaker and members of the House of Representatives.

RATIFICATION O F ACTS.

The H onorable the Speaker and members of the House of Repre sentatives attended in the Senate Chambter at 1.45 o’clock P. M., when the following Acts and Joint Resolutions were duly ratified: S.1 4 (H. 318).-—Mr. McIver: An Act to amend Section 1880 of the Civil Code (Volume I, Code of 1902), so as to include “tram ways” in its provisions. 390 J OURNAL OF THE SENATE, 1S. 6 (H. 316).—Mr. Douglass: An Act to provide for a voting precinct in each of the four wards in the town of Union. 1S. 5 (H. 288).——Mr. Douglass: An Act to amend an Act en titled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and prescribe his duties.’ ” S. 1 36 (H. 353).—Mr. Carpenter: An Act to authorize and em power the Trustees of the School District of Easley to order an elec tion and to issue coupon bonds for said school district for school pur poses. 6S. 2 (H. 290).—Mr. Stanland: An Act to prevent the sale or keeping for sale of any toy pistols, caps or cartridges for same. H. 2 58.—Mr. McGill (S. 311) : An Act to repeal the law requir ing the Magistrate at Greenwood to issue process to the Sheriff. H. 2 16.—Mr. Aull (S. 297) : An Act to amend Section 2038 of the Code of Laws of South Carolina, 1902. H. 1 95.—Mr. Gaston (S. 176) : An Act to amend Section 15 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” on page 1085 of the Acts of 1902, Vol. 23, Statutes at Large, by provid ing an increase of compensation for the Coroners of Chester and York Counties. H. 2 32.—Special Committee (S. 314) : An Act to amend Section 20 of the Code of Civil Procedure, fixing the time for the holding of the Circuit Court of the Third Judicial Circuit. H. 3 65,—Mr. Cooper (S. 313): An Act to amend Section 2432 of the Civil Code, 1902, by changing the time in which distress war rants may be issued. H. 1 46.—Mr. Hendrix (S. 309): An Act to amend an Act en titled “An Act to amend an Act entitled ‘An Act to provide for cot ton weighers at Pickens, Easley and Liberty, in Pickens County, and Seneca, in Oconee County,’ approved February 28th, 1899, so as to exempt the cotton weighers and purchasers at the Easley and Pick ens Cotton Mills from the operation thereof,” approved the 17th day of February, A. D. 1900. so as to include Glenwood and Liberty Mills. ~ H. 2 62.—-Mr. Tribble (S. 312) : An Act to provide for reindexing the judgments entered up in the office of the Clerk of Court for An derson County. H. 2 65.—Mr. Cooper (S. 305) : An Act to amend Section 816 of the Code of Laws of South Carolina, Volume I., so as to include Laurens County in the provisions of said Section. SATURDAY, F EBRUARY 14, 1903. 391

H. 2 02—Mr. Morgan (S. 325): An Act to authorize and em power the Trustees of the School District of the city of Greenville to order an election, and to issue coupon bonds of said school district for school purposes. H. 2 80.—Mr. Gaston (S. 304) : An Act relating to the recording of railroad mortgages. H. 2 38.—Mr.-Lyles (S. 220) : An Act to incorporate the Union Manufacturing and Power Company. H. 3 11.—Mr. James (S. 327) : A Joint Resolution to require the payment of one hundred and twenty—five dollars to Bright William son, of Darlington, for money advanced by him for the County. H. 1 94 (S. 177).—An Act to change and designate certain town ships in Sumter County. and to provide for changing the registra tion certificates. H.8 6 (S. 188) .—-An Act to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. H.S. 1 1 1 ( 169) .—An Act to repeal an Act entitled “An Act to in corporate the town of Scotia, in Hampton County,” approved Decem ber 19th, A. D. 1892. H. 1 20 (S. 180).—An Act to create a Board of Fire Commission ers for the city of Greenville, in this State, to define its powers and duties. H.7 7 (S. 201).—-An Act to establish a mortuary table, and make the same evidence in the Courts. H.5 6 (S. 7o).—An Act to provide for reindexing the public re cords in the office of the Clerk of Court for Laurens County. H. 1 83 (S. 166).——An Act to authorize and empower the Trustees of School District No. 1 of Court House School District, in Chester County, to order an election and issue coupon bonds of said school district for school purposes. 1H. 5 (S. 109). An Act to protect fish by the regulation of the sale of dynamite and other similar explosives. H. 1 76 (S. 178).—A Joint Resolution to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a cer tain parcel of land. H. 1 19 (S. 189).-—An Act to provide for the erection of a new jail for Berkeley County. Mr. M ARSHALL asked and obtained leave of absence for the Senator from Marlboro until Tuesday next. 392 J OURNAL OF THE SENATE, Mr. S HEPPARD moved that when the Senate adjourns, it stand adjourned to meet on Monday at 12 o’clock M. On m otion of Mr. HOUGH, at 2.20 o’clock P. M., the Senate ad journed.

Monday, F ebruary 16, 1903.

The S enate assembled at 12 M., the hour to which it stood ad journed, a nd was calledvto order by the PRESIDENT. The roll was called, and. a quorum answering to their names, the PRESIDENT a nnounced the Senate ready to proceed to business. The proceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The Clerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. BRICE, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &c.

Mr. B LAKE presented the followings Claims, which were referred to the Committee on Contingent Accounts: S. 4 11.—Account of the State Company, for stationery furnished the Senate, $30.00. S. 4 12.—Account of Hugh Wilson, stationery for the Senate, $31.85. S. 4 13.—Account 0f the R. L. Bryan Company, for stationery fur nished the Senate, $30.65. ‘

FREPORTS O COMMITTEES.

Mr. M ANNING, from the Committee on Claims and Grievances, submitted a favorable report, with amendments, on H.. R 369.—Claim of the Summerville Publishing Company for publishing notice of election, approved for the amount of $37.53. Upon i mmediate consideration the report was adopted and the claim returned to the House of Representatives, with amendment. MONDAY. F EBRUARY 16, 1903. 393

RESOLUTION.

S. 4 14.——Mr. ALDRICH: A Concurrent Resolution to apoint a Special Commission to consider the completion of the State House, with authority to sit during the recess:

Bet i resolved by the Senate, the House of Representatives concur ring, That the several reports of the Commission for the Completion of the State House be, and the same are hereby, referred to a Special Committee, consisting of two Senators to be appointed by the Presi dent of the Senate and three members of the House of Representa tives to be appointed by the Speaker of the House of Representatives, to consider the same, and report to the next session of the General Assembly such facts and recommendations in reference thereto as they may deem advisable. That said Committee be empowered to sit during the iecess, to appoint a secretary and to employ an architect, to summon witnesses, and shall keep a record of all of its proceed ings, and submit the same, with the report, to the General Assembly. Upon i mmediate consideration, the Resolution was adopted and sent to the House of Representatives.

INTRODUCTION. O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: S. 4 24.——Mr. BUTLER: A Joint Resolution to validate a special election and levy in Blacksburg Graded School District, held 13 Feb ruary. Read t he ﬁrst time and ordered for consideration to-morrow, with out reference or printing.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: H.. R 415.-—-C0mmittee report by Substitute Bill to impose a capi tation tax upon all dogs. Read t he ﬁrst time and referred to the Committee on Finance. H.. R 416.—Mr. Laney: A Bill to amend Section 2! 59, Volume I, of the Code of Laws of this State, by adding a proviso to said Section in relation to railroads. 394 J OURNAL OF THE SENATE,

Read t he first time and referred to the Committee on Railroads. H.. R 417.—Mr. Doar: A Bill to further regulate public ferries and to prescribe penalties. Read t he first time and referred to the Committee on Roads, Bridges and Ferries. H.. R 418.—Mr. Stuckey: A Bill to prescribe the mode of securing scholarships and free tuition provided for by this State. Read t he first time and referred to the Committee on Education. .H. R 419.—Mr. Callison: A Bill to amend Sub-division Class C, No. 1, of Section 2, of an Act entitled “An Act to amend Sections 1065, 1066 and 1067, Chapter 22, Vol. 1, of the Code of Laws of South Carolina, 1902, relating to pensions,” approved the 26th day of February, A. D. 1902. Read t he first time and referred to the Committee on Military. H.. R 420.—Mr. Sinkler: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume I. Read t he first time and referred to the Committee on Judiciary. H.. R 421.—Mr. Richardson: A Bill to require owner and tenant to fence in or fill up abandoned wells. Read t he first time and referred to the Committee on Judiciary. .H. R 422.—Mr. Patterson: A Bill to amend Section 1218, of Vol. I, of the Civil Code of the Laws of South Carolina, by making all Trustees of the public schools of this State conservators of the peace, and to invest them with the common law powers of Constables. Read t he first time and referred to the Committee on Judiciary. H. 4 23.—Mr. Magill: A Bill to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trusts. \ Read t he first time and referred to the Committee on Judiciary.

RECONSIDERATION.

Mr. D EAN moved to reconsider the vote whereby H.. R 269.——Mr. Morgan: A Bill to ratify the amendment to Sec tion 2, of Article VII., of the Constitution of 1895, relating to Coun ties and County government, Was p assed and ordered enrolled for ratiﬁcation. Which w as agreed to and the Bill was ordered placed on the Calen dar for a third reading. MONDAY. F EBRUARY 16, 1903. 395

SPECIAL O RDER IMMEDIATELY AFTER THE MORNING HOUR AND FROM DAY TO DAY, AT THE SAME HOUR, UNTIL DISPOSED OF.

S. I 43.—Mr. Warren: A Bill to amend Section 2176 of Volume 1, Civil Code of South Carolina, relating to the liabilities of the rail roads for loss or damage of freight. On m otion of Mr. WARREN, the Bill was laid upon the table. H.. R 174.——M1‘. Hill: A Bill to amend Section 761 of the Civil Code of South Carolina, Vol. 1, relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County. The B ill was read. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments?” it was decided in the afﬁrmative.

GENERAL O RDERS.

THIRD READING BILLS.

The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives: S. I 52.—Mr. Blake: A Bill to amend an Act entitled “An Act to further amend Section 349 of the Revised Statutes of 1903, relating to the seizure and sale of a defaulting taxpayer’s estate (as heretofore amended by Act 349, approved 20th February, 1901, and appearing at pages 612 and 613 of the 23d volume of the Statutes at Large), ap proved the 25th day of February, A. D. 1902, so as to conﬁne redemp tion to real estate. S. 3 85.—Mr. Williams: A Bill to authorize the Trustees of Kings tree School District, of Williamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur chasing a lot or lots. S. 3 87.—The Committee on Public Buildings: A Bill to amend Section 633 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to require the Sergeant-at-Arrns of the Senate to take care of the fur niture of the Senate Chamber and Senate Committee rooms. On m otion of Mr. HARDIN, the following amendment was adopted: 3.96 J OURNAL OF THE SENATE,

“And s hall receive as compensation therefor the same mileage and per diem for each day actually engaged, as he receives during the sessions of the Legislature: Provided, He shall not be paid for more than six days pay during any one year.” S. 4 07.-—-Mr. J. \V. Ragsdale: A Bill to fix the salaries of certain offices in the County of Florence. S. 4 08.—Mr. Peurifoy: A Joint Resolution to authorize and re quire the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid. The f ollowing Bills and Joint Resolutions were'severally read the third time, passed and ordered sent to the House of Representatives, with amendments: .H. R 177.—Mr. Lofton: A Joint Resolution to require the Sink ing Fund to refund certain moneys to H. M. Lofton, Jr., and James Reedy. .H. R 319.—Mr. DeBruhl: A Bill to amend Sec. 2170 of the Civil Code, Vol. 1, Code of Laws, 1902, so as to increase the penalty pro vided therein, and to give one-half thereof to the person aggrieved and the other half to County. H.. R 329.—Mr. Thomas: A Bill to supply bound copies of the Code of Laws of South Carolina, 1902, to certain members of the General Assembly. H.. R 362.—Mr. Aull: A Bill to further regulate the appointment and pay of State Constables by striking out Section 661, Civil Code (being in Vol. 1, Code of Laws), 1902, page 271. The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: H.. R 202.—Mr. Thomas: A Bill to amend and extend the benefits and provisions of the Code of 1902, Sections 1347 and 2023, to the personal representative in case of death. H.. R 323.—-Mr. Cooper: A Bill to incorporate the Board of Trus tees of the Presbyterian College of South Carolina. .H. R 391.——Mr. Quick: A Bill to authorize the County Board of Education of Marlboro County to reimburse the Trustees of Beauty S pot School District for money expended by them for teach ers’ salaries.

SECOND R EADING BILLS.

.H. R 98.—Mr. VVingo: A Bill to amend Section 298 of the Crim inal Code of 1902. MONDAY, F EBRUARY 16. 1903. 397

The B ill was read. _ Mr. B RICE moved to lay the Committee amendments on the table, which was agreed to. Mr. B RICE proposed the following amendment: Amend B ill No. 98 by striking out all after the enacting words and inserting in lieu thereof the following: “Section 1 . That Section 298 of the Criminal Code, 1902, be amended by striking out the words and figures “three (3) miles of any chartered institution of learning in,” in the second and third lines of said Section ; so that said Section when thus amended shall read as follows: ' “Section 2 98. It shall be a misdemeanor for any person to engage in, or be present at, cock fighting within this State, and any person found guilty shall be fined not exceeding one hundred dollars or im— prisoned not exceeding thirty days.” Mr. M CIVER moved to amend the amendment by inserting after the word “State,” the following: “where there is any betting or gam bling." After d ebate by Messrs. BROWN, McIVER, J. W. RAGSDALE, BRICE and HARDIN, The q uestion was taken on agreeing to the motion of the Senator from Darlington, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brown, Dennis, Douglass, Forrest, Marshall, McDermott, McIver, J. W. Ragsdale, Stackhouse, Stan land, Talbird, von Kolnitz, Warren—I5. Nays—Messrs. B rice, Butler, Carpenter, Dean, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Johnson, McLeod, Peurifoy, Raysor—I6. So t he motion was lost. After d ebate, the question recurring upon the amendment to the amendment, ' Mr. H ARDIN moved to lay the amendment to the amendment on the table. The q uestion was taken on agreeing to the motion of the Senator from Chester, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Carpenter, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Johnson, McLeod, Peurifov—13. Nays—Messrs. A ldrich, Brown, Butler, Dean, Dennis, Douglass, Forrest, Hydrick, Marshall, McDermott, McIver, J. W. Ragsdale, Raysor, Stackhouse, Stanland, Talbird, von Kolnitz, Warren—18. 398 J OURNAL OF THE SENATE, So t he motion was lost. The a mendment to the amendment was then agreed to, and the amendment was adopted. .Mr. J W. RAGSDALE moved to strike out the enacting words of the Bill. After f urther debate by Messrs. J. W. RAGSDALE, McIVER, BRICE and HARDIN, ' The q uestion was taken on agreeing to the motion of the Senator from Florence, on which the yeas and nays were demanded and taken, resulting as follows: ' Yeas—Messrs. A ldrich, Brown, Dennis, Douglass, Forrest, John son, Marshall, J. W. Ragsdale, Stackhouse, Stanland, Talbird, von Kolnitz, Warren—~13. Nays—Messrs. B lake, Brice, Butler, Carpenter, Dean, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, McDer mott, McIver, McLeod, Peurifoy, Raysor—I8. So t he motion was lost. The B ill was then passed, and ordered placed on the Calendar for a third reading. .H. R I7o.—Mr. Gaston: A Bill to amend Section 1014, Civil Code ( V01. 1, Code of Laws, 1902),-so as to provide an additional district for Chester County, and to fix the compensation of the Magistrate thereof, and of his Constable. The B ill was read, and, on motion of Mr. HAY, the amendments proposed by the Committee were adopted, after striking out Section 2, where it appeared in the Bill before “Marion” and before “New berry.” Strike o ut all after the enacting words and insert the following: Aiken C ounty—There shall be Magistrates. whose jurisdiction shall extend over the entire County, with salaries as follows: First District, one, Aiken, Clearwater, Upper Millbrook, salary five hun dred dollars; Second District, one, Ellenton, salary sixty dollars; Third District, one, Windsor and W hite Pond, salary one hundred dollars; Fourth District, one, Sally and Perry, salary sixty dollars; Fifth District, one, Wagner, salary sixty dollars; Sixth District, one. Beulah and Sievern, salary sixty dollars; Seventh District, one, Wards and Shaws, salary sixty dollars; Eighth District, one, Chin quapin and McTeer’s, salary sixty dollars; Ninth District, one, Vau cluse, salary one hundred dollars; Tenth District, one, Graniteville, salary two hundred dollars: Eleventh District, one, Langley and Bath, salary two hundred and seventy dollars; Twelfth District, one, Schultz, salary one hundred and twenty-five dollars; Thirteenth Dis MONDAY, F EBRUARY 16, 1903. 399

trict, o ne, Hammond's, salary one hundred dollars; Fourteenth District, one, Lower Millbrook and Sleepy Hollow, salary sixty dol— lars; Fifteenth District, one, Silverton, salary one hundred dollars; Sixteenth District, one, \Varrenville. salary sixty dollars. Anderson C ounty—Twenty-two Magistrates shall be appointed for the County of Anderson, of whom two shall reside in the city of Anderson, one in Broadaway Township, one at Pelzer, one at Pied— mont, one at Belton, and the others shall be distributed over the County as may best subserve the public welfare. The two residing in said city of Anderson, and the one at Pelzer, shall each receive an annual salary of one hundred and fifty dollars; the Magistrate at Belton and the Magistrate at Williamston and the Magistrate at Pendleton, seventy-five dollars each, and all others in the County each fifty dollars. If any Magistrate shall neglect the duties of his office, or shall fail to pay over to the County Treasurer the fees, costs and fines collected by him. he shall be liable to indictment in the Court of General Sessions, and upon conviction shall be punished as if guilty of larceny to the amount not so paid over, and shall be removed from office. All blanks required in the prosecution of criminal cases shall be furnished by the County Commissioners upon the requisition of the several Magistrates, as they may be required in the performance of the duties of their office. Bamberg-That t here shall be for Bamberg County, five Magis trates, one each for the towns of Bamberg, Denmark, Ehrhardt and Olar, and one for Fish Pond. Said Magistrates shall each appoint a Constable, who shall execute a good and sufficient bond, in the penal sum of two hundred and fifty dollars, conditioned for the faithful performance of their duties. That said Magistrates shall receive the following salaries, to wit: At Bamberg, two hundred and fifty dollars; at Denmark, three hundred dollars; at Ehrhardt, one hundred dollars; at Olar, one hundred and ten dollars, and at Fish Pond, ninety dollars. And the Constables appointed by said Magis trates shall receive as salaries, to wit: Bamberg, two hundred dollars ; Denmark, two hundred dollars : Ehrhardt, one hundred dollars ; Olar, one hundred dollars. and Fish Pond, ninety dollars. That said sala ries shall be in lieu of all costs and fees in criminal cases, and in full for any and all'work, which they do in holding inquests or while acting as Coroner. And each of said Magistrates shall, in case of the failure or inability of the Coroner to attend and hold an inquest, act as Coroner. And the salaries herein provided for Magistrates’ Con stables shall be in full of all work done for the County, or,in criminal cases, or in empanelling juries for the Coroner, or any Magistrate 4_00 J OURNAL OF THE SENATE,

actings a Coroner, and it shall be the duty of the Magistrates, on request of the reputable citizens of the neighborhood, to hold an inquest in the absence of the Coroner, and it shall be the duty of the Magistrates for Bamberg County to sentence all persons, male or female, convicted of any offence as provided by law, to hard labor on the public works, such work to be performed at such place as the County Supervisor may direct. And the Constables are hereby required to transport and deliver all prisoners convicted and sen tenced to hard work to the County chaingang, unless otherwise directed by the County Supervisor. And said Constables shall be allowed five cents mileage, one way, for the nearest route for each prisoner so transported and delivered to said County chaingang. That the salaries of Magistrates and their Constables shall be paid monthly, and before any Magistrate shall be entitled to the com pensation herein provided, he shall, at the end of each month, make a statement, under oath, and file the same with the Clerk of Common Pleas, showing the number of warrants issued by him, giving the name of the party and offence charged, showing the disposition of the case, if tried, whether convicted or acquitted, and if convicted, the sentence of the Court; and further declare, under oath, as follows: “I ,Magistrate for the County of Bamberg, do solemnly swear, that since the receipt of my commission as Magistrate, bearing date fday o , 190 , I have not compromised any case brought before me, except the State vs. (stating the nature of the compromise), and that I have deposited all the cash and fines, etc., received with the County Treasurer of Bamberg County, so help me God.” Any one swearing falsely shall, upon conviction, be punished as for perjury. Berkeley—~There s hall be thirteen Magistrates in Berkeley County, and no more, who shall be distributed as follows: Four in the Parish of St. James Goose Creek, of whom one shall reside in the neighbor hood of Holly Hill, one in the neighborhood of Hilton’s Cross Road, one near Carns’ Cross Road, and the other in the neighborhood of Ten Mile Hill; three in the Parish of St. John’s Berkeley, of whom one shall reside in the upper part of the said Parish, one in the neighborhood of the Court House, and the other near Oakley Depot; two in the Parish of St. Stephens, of whom one shall reside at or near the town of St. Stephens, and the other at or near Rigby’s Mill; two in the Parish of St. James Santee, one in the neighborhood of Wren’s Post Office, and the other in the neighborhood of Honey Hill, and one in the Parish of St. Thomas and St. Denis. The said Magis trates shall each receive a salary of one hundred dollars per annum, MONDAY, F EBRUARY 16, 1903. 401 in l ieu of all costs or fees in criminal matters, and they shall each have the power to appoint one Constable, who shall receive the same compensation as the Magistrate. Charleston C ounty—There shall be for the city of Charleston four Magistrates, one of whom shall be known as a Judicial Magistrate, and three as Ministerial Magistrates. The Judicial Magistrate shall have jurisdiction to hear and determine all cases properly brought before him, but cannot practice in the Magistrates’ Courts. The. Ministerial Magistrates may bring all actions and prepare all cases triable in the Magistrates' Courts, but cannot hear and determine any cases whatever excepting when acting as Judicial Magistrate in cases hereinafter provided. The Magistrates of the city of Charles ton shall each enter into a bond to the State, with sureties in the sum of one thousand dollars, and shall receive, as full compensation for all claims against the County whatever, the following salary each: The Judicial Magistrate at the rate of nine hundred dollars per an num; and each Ministerial Magistrate at the rate of six hundred dol lars per annum, said salary to be paid on orders or warrants of the County Board of Commissioners by the County Treasurer. The Recorder of the city of Charleston is hereby clothed with all the p0wers, duties and jurisdiction of a Judicial Magistrate, except that he shall not receive any additional compensation, and shall not have the authority of a Magistrate to appoint a Constable. In case of the disability, inability from any cause, absence from the State, death or resignation of the Judicial Magistrate, his place shall be fiIIed until such disability or inability has been removed, or until the return of said Magistrate, or until his successor has been appointed and quali fied by the.Recorder of the city of Charleston; and in case of the disability, inability or absence from the State of both the said Judicial Magistrate and Recorder. then the Governor shall appoint some person learned in the law to temporarily fill the place, such person to serve without compensation, unless compensated by said Judicial Magistrate and Recorder. In the absence of the Recorder of the city of Charleston, owing to sickness or other unavoidable cause, the Police Court of said city shall be held by the Judicial Magistrate of said city, and only in case of the absence of said Judi cial Magistrate owing to sickness or other unavoidable cause shall such Police Court be held by one of the other h‘lagistrates of said County, to be designated by the Mayor of said city, or by one of the Aldermen thereof designated by said Mayor. The Magistrates of the County of Charleston, outside of the city of Charleston, shall be located as follows: One on Edisto Island, one on Wadmalaw Island, 402 J OURNAL OF THE SENATE,

ntwo o John’s Island, one on James Island, one on Sullivan’s Island, one in the Parish of St. Andrew, one at the town of Mt. Pleasant, one at Owendaw Bridge, on Owendaw Creek, which divides the Parish of St. James Santee from Christ Church Parish. one in Christ Church Parish, to be located at or near the Seven Mile Store: Pro vided, That he shall receive no fees when acting as Coroner, but a salary of one hundred and fifty dollars per annum, and one at , h 'lcClellanville; and they shall have jurisdiction as Magistrates and Deputy Coroners over any and every part of said County outside of the said city. And t here shall also be a Magistrate at or near Ten Mile Hill, in and for said County of Charleston. whose jurisdiction shall be limited to the territory bounded on the north by the line dividing the County of Berkeley from the County of Charleston, and on the east by the Cooper River, and on the south by the northern line of the city of Charleston, and on the west by the Ashley River. Each of said Magistrates outside of the city of Charleston shall receive a salary of one hundred and fifty dollars per annum. There shall also be one Magistrate for that portion of said County embraced between Cooper River on the east and the confluence of Ashley and Cooper Rivers on the south, and Ashley River on the west, and the northern line of said County running from the Ashley River to the mouth of Goose Creek, where it enters into the Cooper River; his jurisdiction shall be limited to his part of said County embraced as aforesaid. He shall have the same duties and powers as the Ministerial Magistrates in said city, and he shall return his cases to and try them in the Magistrates’ Courts in the said city of Charleston, and shall be a part of the system of said Magistrates’ Courts. He- shall enter into a bond with the State (with sureties) in the sum of one thousand dol lars, as is required of the Magistrates of the said city of Charleston, and he shall receive as full compensation for all claims whatever against the County a salary of five hundred dollars per annum. Each Magistrate in said County is authorized to appoint one Con stable to perform such duties as are now by law provided. and to employ an extra Constable, if any of them deem it necessary, for the collection of delinquent poll taxes. Said Constable shall be allowed for his services the sum of twenty—five cents for each poll collected, which sum shall be charged against the delinquent in the same man ner as Treasurers’ costs and penalties are charged. The Constables appointed outside of the city of Charleston shall each receive out of the funds of the said County, a salary of one hundred dollars per annum, except the Constable appointed by the Magistrate of the MONDAY, F EBRUARY 16, 1903. 403 Parishf o St. Philips, outside of said city, who shall receive a salary of three hundred dollars per annum. The Constables appointed for the city of Charleston shall each receive a salary of three hundred dollars out of the funds of said County. Cherokee C ounty—The Judicial Districts shall be as follows: The First District shall embrace Limestone Township; the Second shall embrace White Plain Township: the Third District shall embrace Draytonville Township; the Fourth District shall embrace Gowdeys ville Township; the Fifth District shall embrace Morgan, and the Sixth shall embrace Cherokee Township. The said Magistrates and their Constables shall each receive from said County, as compensation for their services in lieu of all fees and costs in criminal cases, the following salaries per annum, payable quarterly, to wit: the two Magistrates for the First District, residing at Gaffney, one hundred dollars each, payable quarterly, and they may direct all criminal process to the Sheriff of the County, who shall receive no additional salary for same, other than is now allowed by law for said Sheriff, but for the service of all civil process from said Magistrates’ Courts, the fees now allowable by law for Constables, and the said Magis trates shall have jurisdiction over Cherokee County; and the Magis trates of the Sixth District, residing at Blacksburg, shall receive one hundred dollars, and the Constable for said Magistrate shall receive one hundred dollars as a salary; and all other Magistrates for said County shall each receive forty dollars, and their Constables each fifty dollars, payable quarterly. Three additional Magistrates shall be appointed in said County, as follows: One for Limestone Town ship, near Grassey Pond, one for Cherokee Township, who, with his Constable, shall reside and have police power at Cherokee Falls, with concurrent jurisdiction with the Magistrate of the Third and Fourth Districts; and one who shall reside at or near Littlejohn’s Precinct, with concurrent jurisdiction with the Magistrates of the Third and Fourth Districts; and the said additional Magistrates shall each appoint one Constable, and they and their Constables shall each, respectively, receive the same salary as the Magistrates and Con stables of the Fourth District. Chester C ounty—In Chester County there shall be eight Judicial Districts, and one Magistrate and one Constable shall be appointed for each of said Districts. The First Judicial District shall be composed of Court House, Chester and Sandy River Townships; salary of Magistrate, three hundred and fifty dollars; salary of Con stable, two hundred dollars per annum. The Second Judicial Dis 27—e. J .—(500) 404 J OURNAL OF THE SENATE, trict s hall be composed of Lewisville Township; salary of Magistrate. one hundred dollars; salary of Constable, sixty dollars per annum. The Third Judicial District shall be composed of Landsford Town ship; salary of Magistrate, one hundred dollars; salary of Constable, sixty dollars per annum. The Fourth Judicial District shall be composed of Rossville Township; salary of Magistrate, fifty dollars; salary of Constable, fifty dollars per annum. The Fifth Judicial District shall be composed of Baton Rouge Township; salary of Magistrate, sixty dollars; salary of Constable, fifty dollars per_ annum. The Sixth Judicial District shall be composed of Halsell ville Township; salary of Magistrate, fifty dollars; salary of Con stable, fifty dollars per annum. The Seventh Judicial District shall be composed of Hazlewood Township; salary of Magistrate, fifty dollars; salary of Constable, forty dollars per annum. The Eighth Judicial District shall be composed of Blackstocks Township; salary of Magistrate, fifty dollars; salary of Constable, forty dollars. Chesterfield County—Nine Magistrates shall be appointed for Chesterfield County, one for each township, who shall reside therein, and one at or near Brock’s Mill, whose salaries in criminal matters shall be as follows: The Magistrate for Cheraw Township, one hun dred and fifty dollars; for Chesterfield Court House, one hundred and seventy—five dollars: Provided, Hebe required to attend all Courts of General Sessions for Chesterfield County; for Jefferson and Mt. Croghan, seventy-five dollars; for Alligator, one hundred dollars: Provided, He be required to open his office at least one day in each week at McBee, S. C., for Old Store, Cole Hill, Steer Pen and Brock’s Mill, each fifty dollars. The salaries herein provided for Magistrates shall cover all services in criminal matters including holding inquests and preliminary examinations over dead bodies when held by Magistrates. Each of these Magistrates shall appoint a Constable, who shall give bond as hereinafter provided, and shall receive the same salary as the Magistrate appointing him; except at Chesterfield Court House, where his salary shall be one hundred and fifty dollars, and such salaries shall be in full compensation for all services in criminal matters and in inquests held by the Magistrate appointing them, except that they shall receive five cents per mile going and returning by the nearest route from the oflice of the Magistrate whom they serve to the jail or chaingang, as the case may be, when required to take prisoners, with the same mileage, one way, for each prisoner so carried. That when any person shall be so appointed Constable he shall enter into bond before the Clerk of the Court of the County in the penalty of two hundred dollars, with MONDAY, F EBRUARY 16, 1903. 405

good ' surety, to be approved by said Clerk of Court, and upon taking the oath prescribed by law such person shall be regarded as a regu larly qualified Constable; nor shall any person not so qualified exercisethe powers of a Magistrate‘s Constable: Provided, That nothing herein contained shaall prevent a Magistrate from appoint ing the Sheriff of the County or a special Constable for a special occasion, to be specified in writing, in case the regular Constable cannot exercise the powers of Constable: Provided, further, That the special Constable so appointed shall enter into bond in the usual form before the Magistrate appointing him, in which event the said special Constable (or the Sheriff) shall be entitled to receive the fees heretofore provided by law for such services. That before receiving any part of the salaries herein provided for, each of said Magistrates and each of said Constables shall subscribe and file with the County Board of Commissioners an affidavit that all fines, costs and fees paid to or collected and received by him in criminal cases and pro ceedings, have been paid over to the County Treasurer of said County. , Colleton C ounty—There shall be twelve Magistrates in the County of Colleton, including the Magistrate for Osborne. provided for by Act, approved February 25, 1902; one of whom shall hold his Court in the town of VValterboro. Each of said Magistrates is authorized and empowered to appoint a Constable for his Court, who upon such appointment, taking the oath of office and filing his bond as now required by law, shall have all the powers and discharge all the duties of a Constable. Each of the said Magistrates and Constables shall receive an annual salary of sixty—five dollars; except the Magistrate appointed for Walterboro, who shall receive a salary of one hundred and fifty dollars per annum, and except the Constable appointed for W alterboro, who shall receive an annual salary of one hundred and twenty-five dollars, such salaries to be in lieu of all costs against the County, including inquisitions, when such Magistrates shall be acting as Coroner: Provided, That any of the Magistrates in the said County, who having been duly deputized by the Coroner of said County to hold any inquests, when so doing shall dividelwith the Coroner, one-half the fees now provided by law for the Coroner: Provided, further, That said Magistrates and Constables shall be entitled in addition to the salary provided for, 'to receive fees and costs in civil cases, and in criminal cases when paid by the defendant, and that said Constables shall also receive five cents for each mile traveled in conveying prisoners to the County jail. Each Constable shall be required to make return upon oath, on all warrants of arrest 406 J OURNAL OF THE SENATE,

nplaced i his hands for execution by said Magistrates, at the expira tion of ten days, when failing to effect arrests, and upon failing to make such return shall be liable to pay a forfeit of two dollars for each offence, said forfeit to be deducted from his salary by the County Board of Commissioners upon information given to them by the Magistrate duly certified under his hand and seal. Dorchester C ounty—There shall be appointed in Dorchester County six Magistrates, as follows: One each at the following places : St. George, Harleyville, Ridgeville, Summerville, Knightville, and one in Mollins Township, said Magistrates shall have jurisdiction throughout the County and receive as compensation annual salaries as follows: The Magistrate at St. George, Ridgeville and Summer ville shall each receive one hundred and twenty—five dollars, the Magistrate at Harleyville, Knightville and in Mollins Township shall receive fifty dollars. Said compensation shall be in full for all costs and fees in criminal cases, except as hereinafter provided. Each Magistrate shall appoint one Constable, who shall receive an annual salary equal to the salary of the Magistrate appointing him, which salary shall be in lieu of all costs in criminal cases: Provided, That each Constable shall receive four cents per mile each way for con veying prisoners to prison or chaingang in addition to the actual expenses incurred in such transportation: And Provided, further, That the nearest of said Magistrates shall hold inquests when neces— sary. and receive the sum of two dollars and fifty cents for viewing a dead body and granting a burial permit and five dollars for holding an inquest. The salaries herein provided shall be paid monthly by warrant of the County Supervisor on the County Treasurer. Edgefield C ounty—There shall be in Edgefield County eight Judi cial Districts, as follows, to wit: The First District shall embrace those parts of Wise and Pickens Townships not in District Two; the Second District shall embrace Shaw Township, and that portion of Merriwether, \Nise and Pickens Townships within the following limits, to wit: East of the old Stage Road from Kendrick’s by the Tillman place, Mt. Vintage, to Mays, and then turn to the right, leaving the old Stage Road and go to Gary place, crossing the old Plank Road between Walter Miller’s and Barr place, thence around by T. G. Smith’s; thence to J. DeLoach’s; thence leaving \Veaver Road Rock Quarry to intersect the Weaver Road, taking the road by Harmony Church on to Mark Toney’s ; thence the road leading to Holmes’ Mill; thence to where this road enters the Aiken Road, near Dr. Timmerman’s; and the salary of the Magistrate and Constable in the said Second District shall each be one hundred dollars. The MONDAY, F EBRUARY 16, 1903. 407 Third D istrict shall embrace those portions of Johnston, Mobley and Ward Townships, remaining in Edgefield County. The Fourth District shall embrace Gregg and Collier Townships, and that portion of Merriwether Township riot embraced in the Second District. The Fifth District shall embrace Washington and Ryan Townships. . The Sixth District shall embrace Collins Township. The Seventh District shall embrace Tolbert, Moss and Hibler Townships. The Eighth District shall embrace Blocker Township, that portion of Grey Township lying south of the line surveyed for Greenwood County, that portion of Pine Grove Township remaining in Edge— field County, and that portion of Pickens Township lying north of Little Turkey Creek, and west of a straight line running from a point on said creek five hundred yards above the bridge on road between Capt. J. C. Brooks’ andestate of John Harris, in a north westerly direction, to the Saluda County line, at a point fifty yards north of Calvary Church. The office of the Magistrate of the First District shall be at Edgefield Court House, and his salary shall be one hundred and fifty dollars per annum; the office of the Magistrate of the Third District shall be at Johnston, and his salary shall be one hundred dollars per annum: the oflice of the Magistrate of the Fifth District shall be at Parksville. and his salary shall be one hundred dollars per annum: the salary of the Magistrate of the Sixth Judicial District shall be fifty dollars per annum; the salary of the remaining Magistrates in said County shall be each seventy five dollars per annum: Provided, however, That the criminal j uris diction of the Magistrate of the First District shall not be confined to the township of that district, but shall extend over the whole County of Edgefield; except that the trial and examination of cases shall be had before the Magistrate nearest the defendant for the County of Edgcfield, under the provisions of this Act, shall be authorized and empowered to appoint and employ a person to act as Constable, who shall receive from the County as compensation for his services the same amount as that received by the Magistrate making such appointment, and which shall be paid in the same manner. _ G reenwood County—Ten Magistrates shall be appointed for Greenwood County, and no more. One shall be commissioned for each of the following places, viz: Greenwood, Ninety-six, Hodges, Troy, Bradley, Verdery, Coronaca, \Vare’s Shoals, Gaines Lyon and Kinard’s Store; each shall have his office at the place for which he shall be appointed. Each of said Magistrates shall receive as com pensation for his services and in lieu of all costs and fees in criminal 408 J OURNAL OF THE SENATE. cases, t he sum of fifty dollars; except the Magistrate at Greenwood, who shall receive one hundred and fifty dollars, and the Magistrate at Ninety-six, who shall receive one hundred dollars, and the Magis tratet a VVare’s Shoals, who shall receive seventy—five dollars. In ’ addition to their salaries they shall receive, when called upon to act as Coroner, the fees allowed by law for such services. Each of said Magistrates is authorized to appoint a Constable to serve and execute such process as he may issue. Each Constable shall receive as compensation for his services, and in lieu of all costs and fees in criminal cases, the sum of fifty dollars per annum, except the Constable for the Magistrate in the town of Greenwood, who shall receive one hundred and fifty dollars per annum, and the Constable at VVare’s Shoals, who shall receive seventy-five dollars per annum. Said Constables shall be paid, in addition to their salaries for con veying prisoners to jail Or in the chaingang, at the rate of six cents per mile for each mile of necessary travel, computed from the office of the Magistrate to the jail or to the chaingang, as the case may be; the salaries and other compensation of Magistrates and Constables as herein provided, shall be due and payable quarterly upon the orders of the County Supervisor; and that the County Board of Commis sioners be authorized and required to furnish Magistrates with the necessary blanks used in criminal cases. Each of said Magistrates shall collect and pay over to the County Treasurer all costs and fees to which he or the Constable employed or appointed by him would have been entitled but for the provisions of this Section, together with all fines collected. He shall, at least ten days prior to each term of the Court of General Sessions of the County, make out and file with the Clerk of said Court a certified transcript of his criminal docket, which shall show the amount of fees, costs and fines imposed, and the amount collected thereon, which transcript shall be for the investigation of the grand jury, and shall be in lieu of the investiga— tion of the books and records of the Magistrates of the County as now provided by law. Lancaster C ounty—One Magistrate at Lancaster Court House, for Gill’s Creek and Cane Creek Townships, who shall receive a salary of three hundred and fifty dollars, and he shall appoint a Constable who shall receive the same salary as said Magistrate. One Magis trate at Heath Springs for Pleasant Hill Township, who shall receive a salary of sixty dollars, and who shall appoint a Constable, who shall receive a salary of seventy-five dollars; and one Magistrate for the Judicial District embracing Kershaw, who shall receive a salary of one hundred dollars, and who shall appoint a Constable, who shall MONDAY, F EBRUARY 16, 1903. 409 receive t he same salary as said Magistrate; all other Magistrates in the County shall receive each a salary of fifty dollars, and each of these Magistrates shall appoint a Constable. who shall receive each a salary of sixty dollars. The salaries to be paid as is now provided by law. Lee C ounty—There shall be six Magistrates in the County of Lee, to be appointed according to law, who shall receive the following sal aries: The Magistrate whose jurisdiction shall be Bishopville, and who shall hold his office at Bishopville,‘shall be two hundred dollars; the Magistrate whose jurisdiction shall be Turkey Creek Township, shall hold his office at Lucknow, one hundred and twenty-five dollars; the Magistrate for Lynchburg Township, whose jurisdiction shall be Lynchburg Township, one hundred and twenty-five dollars; the Magistrate whose jurisdiction shall be St. Charles and Mechanicsville Township. one hundred and twenty-five dollars; the Magistrate whose jurisdiction shall be Ionia and Spring Hill Township, one hun dred and twenty-five dollars. and the Magistrate whose jurisdiction shall be Stork’s Bridge and Cypress Township. shall be one hundred and twenty-five dollars. Each Magistrate shall appoint a Constable, who shall receive the same Salary as the Magistrate. Marion C ounty—Magistrates in Marion County shall be as fol lows: One Magistrate at Marion Court House, who shall receive an annual salary of three hundred and fifty dollars,and who shall appoint a Constable, who shall receive an annual salary of one hundred and fifty dollars; one Magistrate at Dillon, to receive an annual salary of one hundred and fifty dollars, and to appoint a Constable, who shall receive an annual salary of one hundred and fifty dollars per annum in lieu of all costs and fees in criminal matters; two Magistrates to reside south of the Wilmington, Columbia and Augusta Railroad, and one in Harleesville Township, each to receive an annual salary of sixty dollars, and each to appoint a Constable, at the annual salary of sixty dollars; one Magistrate at or near Mullins, to receive an an nual salary of one hundred dollars,toappoint aConstable at an annual salary of one hundred dollars ; one Magistrate at or near Latta, one in Hillsboro Township, one in Kirby Township, and one in Manning Township, each of whom shall receive an annual salary of eighty dol lars, each to appoint a Constable, who shall receive an annual salary of eighty dollars: Provided; Each and every of the aforesaid salaries shall be paid quarterly, and shall be in full of all fees and costs in criminal cases: Provided, further, That so much be earned by each Magistrate and Constable, respectively, in criminal cases, to be proved by itemized and verified accounts, at the rate of the last fee 410 J OURNAL OF THE SENATE, bill f or the County, submitted quarterly to the County Board of Com missioners, and if not, then such Magistrate or Constable, as the case may be, shall receive only a sum equal to the actual amount earned by him in criminal cases, according to the fee bill: Provided, further, That on each quarterly account as above required, there shall be the affidavit of the claimant, to the effect that all costs, fees and fines in criminal cases collected by or for the claimant, to date, have been fully turned over to the County Treasurer, to which shall be ap pended an itemized statement'of same, and the receipt or copy receipt of the Treasurer therefor: Provided, That befor any Constable so appointed enters upon the duties of his office he shall file with the Clerk of the Court of said County a certificate of his appointment, signed by the Magistrate appointing him, subscribe the oath and give the bond as now provided by law for Constables; and said Clerk shall give to such Constable, under his official seal, a certificate to the effect that said Constable has complied with the provisions of this Act; and such certificate shall be conclusive evidence of the official character of said Constable: Provided, further, That any Magistrate may direct his papers to the Sheriff for service, and in such case the Sheriff shall serve same and shall receive the same compensation therefor which the Constable would be entitled to for same service: Provided, further, That any one undertaking the position Of Consta ble shall serve for at least one year, whether he finds the office profit able or not, and shall serve all papers while Constable and perform all duties as Constable, when required by the Magistrate, on pain of in dictment for official misconduct. Marlboro C ounty—Seven Magistrates shall be appointed, each of whom shall have jurisdiction throughout the County. First. Two of said Magistrates shall keep their offices in the town of Bennetts— ville, and each shall receive annually a salary of two hundred dollars. Second. One shall be appointed for Clio, who shall receive annually a salary of .one hundred dollars. One shall be appointed for McColl, who shall receive an annual salary of two hundred dollars. Third. One shall be appointed for Brownsville and Blenheim, who shall re ceive annually a salary of one hundred dollars. One shall be ap pointed for Brightsville and one for Smithville, each of whom shall receive annually a salary of fifty dollars. Fourth. Each of said Mag istrates, except the two who are required to hold their offices in Bennettsville. may apoint a Constable, who shall annually receive the following salaries, to wit: The Constable appointed for McColl shall receive a salary of one hundred dollars, and the one for Clio shall receive a salary of seventy-five dollars, and the one for Brownsville MONDAY, F EBRUARY 16, 1903. 411 and B lenheim shall receive a salary of sixty dollars, and the ones ap pointed for Brightsville and Smithville, respectively, shall each re ceive annually a salary of forty dollars; and the Sheriff of said County shall, ex officio, act as the Constable of the two Magistrates at Bennettsville, receiving therefor annually a salary of two hundred and fifty dollars, in addition to the salary of thirteen hundred and fifty dollars paid him as Sheriff: Provided, That in lieu of appoint ing a Constable, any Magistrate appointed for said County may, by certificate in writing, filed in the Clerk’s office of said County, desig nate the Sheriff to act as his Constable, in which case said Sheriff shall receive the salary herein provided to be paid to the Constable of such Magistrate: Provided, further, That nothing herein con tained shall prevent any Magistrate from appointing, and each of said Magistrates is hereby expressly authorized to appoint said She— riff to act as Constable in any criminal case or proceeding where the Constable appointed by him fails or refuses to perform his duty; and in the event such special appointment is made, the Sheriff shall be entitled to receive the fees now provided by law for such service, the amount of which shall be deducted from the salary of the Constable thus failing or refusing to perform his duty. Sixth, That before any Constable so appointed enters upon the discharge of the duties of his office, he shall file with the Clerk of Court of said County a certi ficate of his appointment, signed by the Magistrate appointing him, subscribe the oath and give the bond as now provided by law for Constables; and said Clerk shall thereupon give to such Constable, under his official seal, a certificate to the effect that said Constable has complied with the provisions of this Act, and such certificate shall be conclusive evidence of the official character of said Constable. That said Constable shall serve all papers and execute all processes in crim inal cases or proceedings issued by the Magistrate appointing him. Seventh. That the salaries herein provided to be paid to said Magis trates, Constables and Sheriff shall be in lieu of all costs and fees in all criminal cases and proceedings, both as against the County and defendant or defendants: Provided, That nothing herein contained shall affect the fees of said Sheriff when executing processes issued out of the Court of General Sessions. Eight. Said salaries shall be payable quarterly by the County Treasurer of said County, upon the warrant of the County Board of Commissioners of the same: Pro vided, That before such warrant is issued, each of said Magistrates shall exhibit to said County Board of Commissioners both his civil and criminal dockets: Provided, further, That each of said Magis trates and each of said Constables shall subscribe and file with said 412 J OURNAL OF THE SENATE,

Boardn a affidavit that all fines, 'costs and fees paid to or collected and received by him in criminal cases and proceedings, has been paid over to the County Treasurer of said County; and said Sheriff shall sign and file with said Board as to fines, costs and fees paid to or collected and received by him. Ninth. That the County Board of Commis sioners of said County, at the expense of the County, shall furnish to each of such Magistrates a criminal and civil docket: Provided, That for services rendered since the Ist day of May, A. D. 1902, by the Sheriff of said County of Marlboro, as ex oflicio Constable. the County Board of Commissioners of said County shall audit and pay him a salary at the rate hereinbefore provided, in addition to the salary of thirteen hundred and fifty dollars allowed him as Sheriff, in lieu of all other claims against the County for such service, and any act of said County Board of Commissioners in auditing and pay— ing such sum is hereby validated and confirmed. N e wberry County—In Newberry County eleven Magistrates shall be appointed, one of whom shall reside in Township No. 1, one in town of Prosperity, one in the town of Little Mountain, one each in Townships Nos. 3, 4. 5, 6, 7, IO and 11. The Magistrate in New berry shall receive an annual salary of two hundred and forty dollars; in Prosperity, ninety-six dollars; in Township No. 4, one hundred dollars; in Township No. 3. twenty—five dollars; and in all others thirty-six dollars each per annum; said salaries shall be in lieu of all fees in criminal cases and shall be paid quarterly. Each of said Magistrates may appoint a Constable, who shall receive the same salary as the Magistrate appointing him, in lieu of all fees in criminal cases. and each Constable shall also receive five cents per mile each way for each mile necessarily traveled in serving and executing war rants in criminal cases in Court of General Sessions and for convey ing prisoners after conviction to the jail or chaingang. The Sheriff of the County shall act as Constable for any Magistrate who does not appoint a Constable, and shall receive as his compensation the salary herein provided for the Constable. Each Magistrate shall file with the Clerk of the Court of Common Pleas and General Sessions a cer tificate of the appointment of his Constable, and said Constable, before entering upon the discharge of his duties, shall file with the said Clerk a bond in the penal sum of two hundred dollars inthe form now required by law for Constables. The County Supervisor shall furnish dockcts and blanks for said Magistrates for criminal cases only: Provided, That the Constable appointed as aforesaid shall serve throughout the County all papers issued in criminal cases by Magistrates appointing them, except in case where said Constables MONDAY, F EBRUARY 16, 1903. 413 are n ot able to serve the same for good and sufiicient cause, which cause shall be made to appear by affidavit on any account rendered against the County by the person actually serving the same: Pro vided, further, That the County Board of Commissioners shall fur nish a suitable ofiice for the Magistrate in the town of Newberry. The jurisdiction of each Magistrate shall extend throughout the County and shall not be confined to the township in which he resides. Orangeburg C ounty—Shall be divided into Judicial Districts, as follows: District No. 1 shall be comprised of the Townshiips of City, Orange, Zion, Middle and that part of Caw-Caw lying to the west of Orangeburg and Columbia Road, with one Magistrate, who shall hold his office at the Court House, and whose salary shall be four hundred and fifty dollars per annum, with one Constable, whose salary shall be four hundred and fifty dollars per annum. District No. 2 shall be comprised of the Townships of Amelia, Lyons, and that part of Caw-Caw lying east of the Orangeburg and Columbia Road, with one Magistrate and one Constable, whose salaries shall be one hundred and seventy-five dollars each per annum ; said Magis trate shall rold his Court at least three days in each week in the town of St. Matthews. District No. 3 shall be'comprised of the Townships of Branchville, New Hope and Cow Castle, with one Magistrate and one Constable, whose salaries shall be one hundred and fifty dollars each per annum. The said Magistrates shall have at least one oflice day at the town of Bowman, and at least two office days at the town of Branchville. each week. District No. 4 shall be comprised of the Townships of Poplar, Providence, Goodleys and Vances, with one Magistrate and one Constable, whose salaries shall be one hundred and fifty dollars each per annum. The said Magistrate shall have at least one office day in each week in the town of Elloree. District No. 5 shall be comprised of the Townships of Edisto and Union, with one Magistrate and one Constable, whose salaries shall be one hundred and twenty-five dollars each per annum. District No. 6 shall be comprised of the Townships of Wil low. and all that part of Goodland not included in District No. 7, lying east of a straight line drawn from the mouth of Goodland Swamp. on the South Edisto River, to Jones’ Bridge, on the North Edisto River, with one Magistrate and one Constable, whose salaries shall be one hundred dollars each per annum. District No. 7 shall be comprised of the territory situated to the west of a line drawn as set forth in District No. 6, with one Magistrate and one Constable, whose salaries shall be seventy—five dollars each per annum. Dis trict No. 8 shall comprise the Township of Elizabeth, with one 414 J OURNAL OF THE SENATE,

Magistrate a nd one Constable, whose salaries shall be eighty-five town of Lone Star. District No. 10 shall be comprised of the Town ship of Pine Grove, with one Magistrate and one Constable, whose salary shall be fifty dollars each per annum, with his office at the town of Lone Star. District No. 10 shall be comprised of theTown ships of Hebron and Liberty, with one Magistrate and one Constable, whose salaries shall be fifty dollars each per annum. Each of said Magistrates shall be a resident of the district for which he is appointed, and shall reside therein during his term of office. In all criminal actions triable by said Magistrates, they shall have exclu sive jurisdiction within the Courts of their Magisterial Districts. In prosecutions cognizable by the Courts of General Sessions. and in civil cases within their jurisdiction, said Magistrates shall. each have jurisdiction throughout the limits of the County. But prosecution and civil actions may be removed from one Magistrate to another for the same causes, and in the same manner as is provided by law. In cases of sickness. absence or temporary disability of Magistrate, the nearest Magistrate is authorized to hear and determine any cause that may arise within the jurisdiction of the Magistrate so absent, sick or disabled, as aforesaid. All Constables herein, in addition to their respective salaries, shall receive five cents per mile for necessary travel for transporting prisoners to the chaingang or to the County jail. - Pickens County—There shall be appointed one Magistrate for each township in Pickens County, except in Central Township. where there shall be three, one of whom to reside at Cateechee and one at Calhoun, the Magistrate at Cateechee and Calhoun to receive each an annual salary of forty dollars. The Magistrate appointed for Easley shall receive a salary of one hundred and seventy-five dollars, and the Magistrates appointed for Liberty, Central, except the Magistrates at Cateechee and Calhoun and Pickens Court House. shall receive a salary of one hundred dollars: the Magistrate for Dacusville Township shall receive a salary of fifty dollars, and all others in the County shall receive forty dollars: Provided, The Magistrate who may be appointed to reside at Calhoun shall be appointed on the recommendation of the Board of Trustees of Clemson College, and shall also have jurisdiction to enforce the ordinances of said Board, and to punish offenses against the same; but said Magistrate resident at Calhoun shall have no jurisdiction in the County of Oconee, and the Magistrate now resident at Clemson College shall have no jurisdiction in Pickens County: And Provided, MONDAY, F EBRUARY 16, 1903. 415 further, T hat all fees collected by said Magistrate at Calhoun shall be turned over to the County Treasurer of Pickens County. Richland C ounty—There shall be eleven Magistrates in Richland County, located as hereinafter provided. who shall receive as com pensation for their services in criminal cases and on inquests when acting as Coroner in lieu of all costs and fees annual salaries as follows: Two at Columbia, to receive a salary of eight hundred d01 lars each; one at Waverly, to receive a salary of one hundred and twenty dollars; one at Eastover, to receive a salary of one hundred and twenty dollars; one at Gadsden, to receive a salary of one hundred and twenty dollars ; one at Camp Ground, to receive a salary of one hundred and twenty dollars; one at Davis, to receive a salary of one hundred and twenty dollars; one at Killians, to receive a salary of one hundred and twenty dollars; one at Hopkins, to receive a salary of one hundred and twenty dollars; one at Garner’s, to receive a salary of one hundred and twenty dollars; one at Olympia, to receive a salary of one hundred and twenty dollars; and one at Wateree, to receive a salary of one hundred and twenty dollars. Each of said Magistrates are authorized to appoint a person to act as Constable in serving and executing process issued by him, who shall give the bond, and take the oath required by law. The Con stables so appointed shall receive as compensation for their services in criminal cases, and in lieu of all costs and fees therefor, annual salaries as follows: The Constables at Columbia, three hundred dol lars each; the Constable at Camp Ground, ninety dollars; the Constable at Hopkins, ninety dollars; the Constable at Davis, ninety dollars; the Constable at Killians, ninety dollars; the Constable at Garner’s, ninety dollars; the Constable at Gadsden, ninety dollars; and the Constable at Olympia, ninety dollars: Provided, That said Constables shall be entitled to (besides) their salaries to mileage of five cents per mile each way for carrying persons to jail under commitment. Sumter C ounty—There shall be six Judicial Districts in the County of Sumter. The First District shall comprise the Township of Shiloh. The Second District shall comprise the Township of Mayes ville. The Third District shall comprise the Township of Concord and Sumter. The Fourth District shall comprise the Townships of Privateer and Manchester. The Fifth District shall comprise the Townships of Middleton and Statesburg. The Sixth District shall comprise the Townships of Rafting Creek and Providence. The salary of the Magistrate of the Third District shall be three hundred and fifty dollars. The salaries of the Magistrate of the 416 J OURNAL OF THE SENATE, Third D istrict shall be three hundred and fifty dollars. The salaries of the h'lagistrates of the First and Second Districts shall be one hundred dollars; and the salaries of the Magistrates of the Fourth, Fifth and Sixth Districts shall be one hundred and twenty-five dol lars. That the salaries of the Constables of the several districts shall be the same as the Magistrates of the several districts, except in the Third District, where the salary of the Constable shall be two hun dred and fifty dollars. Each Magistrate shall be a resident of the Judicial District for which he was appointed, and shall reside therein during his term of office. In all criminal actions triable by them, said Magistrates shall have exclusive jurisdiction within the limits of their respective districts. The Magistrate for the Second District shall have his office in the town of Mayesville. And the Magistrate for the Third District shall reside in the city of Sumter. Union C ounty—There shall be appointed one Magistrate for each township in Union County, except in Pinckney and Bogansville Townships, in which there shall be two appointed; in Pinckney T0wnship, one at or near Kelton and one who shall reside at Lock hart Mills and have jurisdiction east of public road leading from Santuc Township line to Pinckney Ferry. The Magistrate for Jonesville Township shall have his office at Jonesville, and shall re ceive a salary of seventy-five dollars per annum, and their Constables shall receive the same; the Magistrate for Fish Dam Township and Santuc shall receive a salary of seventy-five dollars per annum. and his Constable shall receive the same. The Magistrate appointed for Bogansville shall have jurisdiction north of Buffalo Creek and east of Fair Forest Creek, and shall reside at Buffalo Mills. The Magis trate for Union Township shall have his ofiice at Union, receive a salary of three hundred and fifty dollars, have jurisdiction through out the County, and have his papers served and executed by the Sheriff; each of the other Magistrates of the County shall receive a salary of fifty dolars, and may appoint a Constable, who shall receive the same salary as the appointing Magistrate: Provided, In civil cases the Sheriff shall receive the same fees as ,are now allowed by law to Magistratcs’ Constables for like services. The Supervisor of the County shall furnish all Magistrates with blanks for criminal cases. In prosecution cognizable by the Courts of General Sessions, said Magistrates shall each have jurisdiction throughout the limits of the County. But prosecutions and civil actions may be removed from one Magistrate to another for the same causes and in the same manner as is now provided by law, and the Courts of Common Pleas shall have concurrent jurisdiction in all civil actions rtriable by said MONDAY, F EBRUARY 16, 1903. 417

Magistrates. I n case of sickness, absence or temporary disability of any Magistrate, the nearest Magistrate is hereby authorized to hear and determien any cause that may arise within the jurisdiction of the Magistrate so absent, sick or disabled as aforesaid. sAdd a Section 2, the following: ' “Section 2 . This Act shall go into effect immediately upon its ap proval by the Governor.” Strike o ut title and insert: “A Bill to amend the law relating to Magistrates.” The f ollowing amendments were adopted : By M r. DENNIS: Strike o ut all after Berkeley, on page 3, and insert the following: There s hall be thirteen Magistrates in Berkeley County, who shall be bona fide residents of the said County, and who shall be dis tributed as follows: one in the neighborhood of Holly Hill; one in the neighborhood Hilton’s Cross Roads; one in the neigh— borhood of Cain’s Cross Roads; one in the neighborhood of Ten Mile Hill; one at or near Eutawville; one in the neighborhood of the Court House; one near Oakley; one in or near the town of St. Ste phens; one in the neighborhood of Blake’s Post Office; one near \Nren's Post Office ; one near Honey Hill ; one in the neighborhood of Huger’s Bridge, and the other at or near Cain Hoy. The said Mag istrates shall each receive a salary of one hundred dollars per annum, in lieu of all costs or fees in criminal matters, and they shall each have the power to appoint one regular Constable, who shall receive the same compensation as the Magistrate. By M r. MCIVER: Strike o ut the comma on line 8, page eight, of the printed Bill, after the letters S. C., and insert in lieu thereof a semi-colon. By M r. PEURIFOY: Amend B ill No. 170, by striking out on page nine, line 16, after the word “cases,” the following: “and in criminal cases when paid by the defendant.” By M r. STANLAND: In r eference to Dorchester County—Line 6, strike out “Mollins” and insert “Collins.” By M r. GAINES: Aso t Greenwood County—At beginning of line I, strike out word “ten” and insert word “eleven.” On l ine 5, after word “appointed,” insert “Provided, The Magis trate commissioned for Gaines shall be authorized in his discretion to 418 J OURNAL OF THE SENATE.

designate K irksey as the place for the hearing of any cause coming within his jurisdiction or to be investigated by him.” On l ines 8 and 9, strike out the words, “and the Magistrate at Ware Shoals, who shall receive seventy-five dollars.” On l ines 14 and 15, strike out the words, “and the Constable at Ware Shoals, who shall receive seventy-five dollars per annum.” By M r. J. W. RAGSDALE: Florence C ounty—There shall be nine Magistrates in Florence County, to be located in the following townships, as follows: In Flor ence, two, at a salary of two hundred and fifty dollars each; T im monsville, one, at a salary of two hundred dollars; Pee Dee or Han nah, Cains, Lynches, Efiingham, Cartersville, Motts, and Lucile, one each, at a salary of fifty dollars each. Said salaries to be paid to said Magistrates in lieu of all costs and fees in criminal cases. Each Magistrate shall have the power to appoint one Constable. The Constables in Florence Township shall receive a salary of one hun dred and twenty-five dollars each; the Constable in Timmonsville Township shall receive one hundred and twenty-five dollars, and each of the other Constables fifty dollars. Said Constables’ salaries shall be paid in lieu of all costs and fees in criminal cases. Each Constable shall also receive three cents per mile each way for convey ing prisoners to jail or chaingang, and two cents per mile each way in the most direct route to make arrests. And the two Magistrates in Florence Township may employ the Sheriff and Deputies or Sheriff or Deputies to serve as Constables for them at the same salaries as is provided for the Consables for said two Magistrates in Florence Township; and upon the request of said Sheriff the said Magistrate shall turn over any and all warrants so requested to be executed, and the County Commissioners shall furnish to all the Magistrates in said County all legal blank forms used in criminal cases that are necessary to their official duty. By M r. WARREN: Hampton: S ix Magistrates shall be appointed for Hampton County. One shall be commissioned and appointed for each of the following named townships, and shall reside therein: One for Peo ples Township, who shall receive a salary of one hundred and seven ty-five dollars per annum, payable quarterly, in lieu of all costs in criminal cases; one for Pocotaligo Township, who shall receive a salary of one hundred dollars, payable quarterly, in lieu of all costs in criminal cases; one for Goethe Township, who shall receive a salary of one hundred and twenty-five dollars, payable quarterly, in lieu of all costs in criminal cases; one for Lawton Township, who shall re MONDAY, F EBRUARY 16, 1903. 419 ceive a s alary of one hundred and seventy-five dollars annually, pay able quarterly; one for Coosawhatchie Township, who shall receive I salary of one hundred and fifty dollars per annum, payable quar terly; one for Robert Township, who shall receive a salary of one hundred and twenty dollars per annum, payable quarterly. That each of said Magistrates shall apoint one Constable, who shall receive the same salary as the Magistrate making said appointment. By M r. MCLEOD: Amend S ec. 1, Lee County, line 10, by striking out the word “Storks” and substituting in lieu thereof “Stokes.” By M r. STACKHOUSE: Aso t Marion County—By striking out after the word “cases,” on line I 5, all to the word “Provided,” on line 21. By M r. RAYSOR: Amendy b striking out the word “Goodleys,” on line 15, page 18, of printed Bill, and inserting the word “Goodbys” in lieu thereof. By M r. BRICE: York C ounty—The Judicial District of Magistrates for York County in criminal cases shall be as follows: The First District shall embrace Broad River Township; the Second District shall embrace Bullock’s Creek Township; the Third District shall embrace Bethesda Township; the Fourth District shall embrace York Township: the Fifth District shall embrace King’s Mountain Township; the Sixth District shall embrace Bethe] Township; the Seventh District shall embrace Fort Mill Township; the Eighth District shall embrace Ebe nezer Township. outside of the limits of the city of Rock Hill; the Ninth District shall embrace Catawba Township and that portion of Ebenezer Township lying within the incorporate limits of the city of Rock Hill. There shall be appointed a Magistrate for each of said districts. each of whom shall have jurisdiction over the entire County. The said Magistrates and their Constables shall receive from said County as compensation for their services, and in lieu of all fees and costs in criminal cases. the following salaries, to wit: Magistrates and their Constables in the First, Second and Third Districts, shall each receive eighty dollars per annum; in the Fourth District, the Magistrate and his Constable shall each receive three hundred dol lars per annum; in the Fifth District. the Magistrate and his Consta ble shall each receive one hundred dollars per annum; in the Sixth District, the Magistrate and his Constable shall each receive one hun dred dollars per annum; in the Seventh District. the Magistrate and his Constable shall each receive one hundred and fifty dollars per annumn ; i the Eighth District, the Magistrate and his Constable shall 28—s. J.—(500) 420 J OURNAL OF THE SENATE. each r eceive one hundred dollars per annum; in the Ninth District, the Magistrate and his Constable shall each receive three hundred and fifty dollars per annum. Each of the said Magistrates is hereby required to file with the Clerk of the Court of Common Pleas and General Sessions for York County a certificate of the appointment of his Constable, and each of said Constables shall file with said Clerk a bond in the penal sum of two hundred dollars in the form now re quired by law for Constables. Each Constable and Magistrate shall make out separate accounts for said salaries. Whenever it is imprac ticable for the Coroner to hold inquests, the said Magistrates shall conduct the same in their respective districts, without any cost or ex pense to the County, and their respective Constables are required to summon juries, arrest all witnesses and prisoners without any cost and expense to the County. Should any Magistrate refuse to hold any such inquest in his district, the County Supervisor may designate another Magistrate to hold the same, and deduct the sum of ten dol lars from the salary of the Magistrate refusing so to do. Only one physician shall be summoned and receive pay for conducting a post— mortem, unless the exigencies of the case require another physician. The B ill was passed, and, on motion of Mr. MANNING, was ordered re-engrossed for a third reading, with notice of general amendments. .H. R 308.—Mr. Towill: A Bill to entitle Malcolm P. Harris to apply for admission to practice law. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments by Mr. J. W. RAGSDALE. S. 3 4o.—Mr. Butler: A Bill to exempt soldiers and sailors of the late War Between the States from County or other municipal licenses, as hawkers, peddler or butcher. On m otion of Mr. BUTLER, the Bill was continued until the next session of the General Assembly. S. 3 83.—Mr. Hardin: A Bill to prescribe a mode of enforcing obedience to Statutes regulating the sale of commercial fertilizers, and to prohibit the sale of fertilizers containing more than eight per cent. of moisture or short in weight two per cent. or more. On m otion of Mr. HARDIN, the Bill was continued until the next session of the General Assembly. S. 3 88.—Mr. Herndon: A Bill to amend Section II of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27th day of February, 1902. MONDAY, F EBRUARY 16, 1903. 421 The B ill was read and ordered placed on the Calendar for a third reading. S. 3 89.—Mr. S'tanland: A Bill to prohibit giving away or selling intoxicating liquors at or near election precincts on election days. On m otion of Mr. STANLAND, the Bill was continued until the next session of the General Assembly. H.. R 392.—Mr. Harrellson: A Bill to amend Section 4 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved' ' 27h day of February, A. D. 1902, so as to increase the salary of the Sherifi of Horry County. The B ill was read, and, on motion of Mr. MCDERMOTT, was amended as follows: On l ine 24, by striking out the word “six” and inserting in lieu thereof the word “five.” Ordered p laced on the Calendar for a third reading. .H. R 393.—-Mr. Bass: A Bill to amend Section II of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of this State,” approved Feb ruary 27, 1902, by striking out the word “five” on the 27th line of said Section and inserting in lieu thereof the word “six,” so as to increase the salary of the County Superintendent of Education of Williamsburg County. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. ' .H. R 394.—Mr. Moses: A Bill to provide for a monument to the memory of Wade Hampton. The B ill was read and ordered placed on the Calendar for a third reading. ' The f ollowing amendment proposed by Mr. IOHNSON was or dered printed in the Journal, f/W consideration on the third reading: Amend B ill 394 by striking out all of Section I, after the word “amount,” on line 7, and insert, “together with any further amounts hereafter added to the fund raised by donation or otherwise,” shall be permanently invested by the State Treasurer in bonds or stock, certificates of the State of South Carolina, to endow scholarships in the South Carolina College and \Ninthrop College, as provided in Section 2. which shall be known as “The Wade Hampton Memorial Scholarship.” Amen-dy b striking out Section 2, and add as Section 2 and Section 31 422 J OURNAL OF THE SENATE, Section 2 . There shall be established in the South Carolina College and Winthrop College, respectively, one scholarship for each Con gressional District in the State, which shall be awarded on competi- . tive examination under such regulations as may be prescribed by the State Board of Education: Provided, That the State Board of Edu cation shall prescribe rules to limit the examinations to such appli cants as are financially unable to attend the respective Colleges. The students to whom the scholarships have been awarded shall have free tuition in the regular college course of the respective colleges. Section 3 . The amount realized from interest on the endowment fun-d invested as provided in Section I, shall be annually divided equally between the two respective colleges and paid to the respective Treasurers thereof, by whom each fund shall be equally divided be tween and paid to the respective beneficiaries. .H. R 397.—Mr. Morgan (by request) : A Bill to amend an Act entitled “An Act to amend Section 431, Vol. 2, Revised Statutes, 1893, so as to prohibit sale and shipping of partridges for five years,” approved February 9, 1900, so as to include deer and wild turkeys within its provisions, approved February 25, 1902, as to the burden of proof. The B ill was read and ordered placed on the Calendar for a third reading. ' H.. R 399.—Substitute: A Bill to amend an Act entitled “An Act to amend Section I of an Act entitled ‘An Act to regulate the carry ing, manufacture and sale of pistols, and to make a violation of the same a misdemeanor,’ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof,” approved 25th February, 1902, by prohibiting leasing, renting, bartering. ex changing and handling pistols. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. .H. R 4or.—Mr. Sinkler: A Bill granting to the United States the title of the State to and the jurisdiction of this State over certain lands on Sullivan’s Island, Charleston County, for military purposes. The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. S. 4 Io.——Mr. Hood: A Bill to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the office of Clerk of Court for said County. The B ill was read and ordered placed on the Calendar for a third reading. TUESDAY, F EBRUARY 17, 1903. 423 .Mr. J W. RAGSDALE moved that when the Senate adjourn, it be adjourned to meet at II o’clock A. M., to-morrow. Adopted. At 2 .15 o’clock P. M., on motion of Mr. HOUGH, the Senate ad journed.

Tuesday, F ebruary 17, 1903.

The S enate assembled at 11 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. HYDRICK, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &C.

By M r. MARSHALL: S. 457.—Sundry Claims of the R. L. Bryan Printing Company. Referred to the Committee on Contingent Accounts.‘

RESOLUTION.

Resolved, T hat the Honorable the Speaker and members of the House of Representatives be invited to attend in the Senate Chamber at 1.45 to-morrow, for the purpose of ratifying Acts. Upon i mmediate consideration the Resolution was adopted and a Message sent to the House of Representatives accordingly.

REPORTSF O COMMITTEES.

Mr. H OOD, from the Committee on Railroads and Internal Im provements, submitted a favorable report on 424 J OURNAL OF THE SENATE,

.H. R 402.-—Mr. Lanham: A Bill to require common carriers of passengers to transport baggage or sample trunks of two hundred and fifty pounds weight, or less, free of charge, with any passenger. Ordered f or consideration to-morrow. Mr. H YDRICK, from the Committee on Railroads and Internal Improvements, submitted a favorable report on .H. R 416.—Mr. Laney: A Bill to amend Section 2159, Volume 1, of the Code of Laws of this State, by adding a proviso to said Section in relation to railroads. Ordered f or consideration to-morrow. : Mr. B ROWN. from the Committee on Education. submitted an unfavorable report on H.. R 418.—Mr. Stuckey: A Bill to prescribe the mode of secur ing scholarships and free tuition provided for by this State. On m otion of Mr. MCLEOD. the Bill was recommitted to the Committee on Education. Mr. M ARSHALL, from the Committee on Railroads and Inter nal Improvements, submitted an unfavorable report on H.. R 320.—Mr. DeBruhl: A Bill to amend Sec. 2167 of the Civil Code, Vol. I, Code of Laws, 1902, so as to include baby carriages in its provisions. Ordered f or consideration to-morrow. Mr. S HARPE, from the Committee on Contingent Accounts, sub mitted favorable reports on S. 2 79.—Mr. Marshall: Account of McCreery Brothers for gown furnished Lieutenant Governor Sloan, $100.00. S. 4 11.—Account of the State Company, for stationery furnished the Senate, $30.00. S. 4 12.—Account of Hugh Wilson, stationery for the Senate, $31.85. S. 4 13.—Account of the R. L. Bryan Company, for stationery fur nished the Senate, $30.65. Upon i mmediate consideration the reports were adopted, that the Claims be paid. Mr. M ANNING, from the Committee on Claims and Grievances, submitted unfavorable reports on the following Claims, which were considered immediately, the unfavorable reports laid upon the table, and the Claims were severally approved in the amount of $7.71 for each Claim: ' S. 7 1.—Mr. Johnson: Claim of Aiken Recorder, advertising spe cial election, $10.28. TUESDAY, F EBRUARY 17, 1903. 425 S. 7 2.-—Mr. Johnson: Claim of Aiken Times, advertising special election, $10.28. S. 7 3.—Mr. Johnson : Claim of Aiken Journal and Review, adver tising special election, $10.28. vOrdered t hat the same be sent to the House of Representatives. Mr. J OHNSON, from the Committee on Enrolled Bills, reports the following Bills correctly enrolled and ready for ratification: S. 8 1.—Mr. McLeod: A Bill to fix salaries for County officers of Lee County. S. 9 4.—\Ir. Blake: A Bill to amend‘Section 826, Civil Code (be ing Volume I., at page 315, Code of Laws, 1902). S. 1 23.—Mr. Mower: A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the fiscal years commencing November 1st, 1872, to and including the year com mencing November Ist, 1881. i

S. 1 24.—-Mr. von Kolnitz: A Bill to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. S. 2 09—Mr. Hay : A Bill to authorize the erection of a _dam across Wateree River at Catﬁsh Shoals. Received a s information.

INTRODUCTION O F BILLS.

The f ollowing Bills were introduced under suspension of Rule XXXVI.: . S. 4 58.—Mr. SHARPE: A Bill to validate the election for Inten dant and W'ardens of the town of Swansea, which was held on the 13th day of January, 1903. Read t he ﬁrst time and placed on the Calendar without reference or printing. S. 4 59.-—Mr. SHARPE: A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain Counties, and for other purposes. Read t he ﬁrst time and placed on the Calendar without -reference. S. 4 25.——-Mr. SHARPE: A Concurrent Resolution to permit the introduction of a Bill to authorize the Lexington and Columbia Rail way Company to construct its tracks through certain Counties, and for other purposes. Upon i mmediate consideration, the question was taken on agreeing to the Resolution of the Senator from Lexington, on which the yeas and nays were demanded and taken, resulting as follows: 426 J OURNAL OF THE SENATE,

Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Hern don, Hough, Hydrick, Johnson, Manning, Mayﬁeld, McDermott, McIver, McLeod, Mower, Peurifoy, Raysor, Sharpe, Sheppard, Stanland, T albird, von Kolnitz, \Valker, Warren, Williams—34. So the Resolution was adopted and sent to the House of Represen tatives.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 7 9.—Mr. Butler: A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the county ofiicers of the various Counties of this State.” approved 27th Febru ary, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. Returned w ith amendments. On m otion of Mr. BUTLER, the Senate refused to agree to the amendments made by the House of Representatives, and it was or dered that a message he sent to the House of Representatives accord ingly. S. 1 27.—-Mr. Hood: A Bill to authorize, ratify and confirm the right and power of Joseph J. Fretwell and his associates, their suc cessors and assigns, to construct dams across Seneca River, and the Tugaloo River, and the Savannah River, to the Georgia line at An dersonville, McDonald’s Shoals. Stevenson’s Lodge, Tumey’s Shoals and Middleton’s Shoals, in Anderson County. Returned w ith amendments. On m otion of Mr. HOOD, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 1 44—Mr. von Kolnitz (by request) : A Bill to amend Chapter 89 of the Civil Code of South Carolina of 1902. relating to the City Court of Charleston, by changing the title of said chapter and by adding certain Sections thereto. Returned w ith amendments. On m otion of Mr. VON KOLNITZ, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title he changed to an Act and the Act enrolled for ratification. TUESDAY, F EBRUARY 17, 1903. 427 S. 1 46.—Mr. Manning: A Bill to authorize the School District of the city of Sumter to issue additional bonds for school buildings and equipments. Returned w ith amendments. On m otion of Mr. MANNING. the Senate agreed to the amend~ ments made by the House of Representatives. Ordered t hat the title he changed to an Act and the Act enrolled for ratification. S. 2 05.—Mr. Mayfield: A Bill to authorize the Town Council of Bamberg to make expenditures on the public’highways. Returned w ith amendments. On m otion of Mr. MAYFIELD, the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title he changed to an Act and the Act enrolled for ratification. S. 2 16.—Mr. Dennis: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. Returned w ith amendments. On- m otion of Mr. DENNIS, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 2 65.—Mr. Peurifoy: A Bill to enable the Commissioners of the Sinking Fund to lend fund-s to the County Board of Commissioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commis sioners to pledge the levy for ordinary County purposes for the year 1903, to secure the same. Returned w ith amendments. On m otion of Mr. PEURIFOY, the Senate agreed to the amend— ments made by the House of Representatives. Ord-ered t hat the title be changed to an Act and the Act enrolled for ratification. S. 2 87.-—Mr. Stanland: A Joint Resolution to appoint a Commis sion to pay to Colleton County the proportion due by Dorchester County of the bonds issued by Colleton County in aid of the Green Pond, Walterboro and Branchville Railroad, and to 'provide for com— pensation for such Commission and for collection of said bonds. Returned w ith amendments. On m otion of Mr. STANLAND, the Sen-ate agreed to the amend ments made 'by the House of Representatives. 428 J OURNAL OF THE SENATE, Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 2 88.—Mr. Johnson: A Bill to amend Section 4 of an Act en titled “An Act to authorize and empower the Trustees of School Dis trict No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary profits to go to the school funds, and to provide contingent fees. Returned w ith amendments. On m otion of Mr. JOHNSON, the Senate refused to concur in the amendments proposed by the House of Representatives and a mess age S. 4 14.—Mr. Aldrich: A Concurrent Resolution to appoint a Spe cial Commission to consider the completion of the State House. with authority to sit during the recess. Returned w ith concurrence. Received a s information. S.'117.-—Mr. G aines: A Concurrent Resolution in relation to Old Fort Ninety-Six. 'Returned w ith concurrence. Received a s information. .H. R 426.—Mr. Sarratt: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County of ficers of the various Counties in this State,” approved 27th day of February, 1902, by increasing the salary of the County Treasurer of Cherokee County. Read t he first time and placed on the Calendar for consideration to—morrow, w ithout reference. ‘ I H. R. 427.—\’Ir. Bass: A Bill to authorize the Trustees of Kings tree School District, of Williamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur chasing a lot or lots. Read t he first time and ordered for consideration to—morrow, with out reference. H.. R 428.-—-Mr. McMaster (by request): A Bill to amend Sec tion 3095 of Vol. I..of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, TUESDAY, F EBRUARY 17, 1903. 429 sso a to make the same applicable to the County of Richland. (Fa vorable.) Read t he first time and ordered for consideration to-morrow, with out reference. H.. R 429.-—Mr. Gause: A Bill to prevent the shipping of shad beyond the limits of this State. Read t he first time and referred to the Committee on Commerce and Manufactures. H.. R 43o.—Mr. Toole: A Bill authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. On m otion of Mr. JOHNSON, the Bill was laid upon the table. .H. R 43I.—Mr. Davis: A Bill to amend Section 176 of the Crim inal Code, Vol. II., Code of Laws, 1902. relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. Read ' t he first time and referred to the Committee on Roads, Bridges and Ferries. .H. R 432.—Mr. Tatum: A Bill to amend Section I 540, of Vol ume I, of the Civil Code of 1902, as to sample of fertilizers. Read t he first time and referred to the Committee on Agriculture. ..H. R 433.—Mr. DeVore: A Bill to establish an additional voting place at “Roper’s,” in Edgefield County. Read t he first time and placed on the Calendar without reference. H.. R 434.—Mr. Brown: A Bill to provide for the payment of a salary to the Chaplain of the Penitentiary for services rendered as Chaplain of the Reformatory. Read t he first time and referred to the Committee on Penitentiary. .H. R 435.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the vari ous Counties in this State,” approved 27th day of February, 1902, relating to the salary of the Auditor of Aiken County. Read t he first time and referred to the Committee on County Of fices and Officers. .H. R 436.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers in various Counties of the State. so as to fix the salary of the Coroner in Aiken County. Read t he first time and referred to the Committee on County Of fices and Officers. H.. R 437.—Mr. Morgan: A Bill to repeal an Act entitled “An Act to create a new school district. to be known as Greer’s Graded 430 J OURNAL OF THE SENATE, School D istrict, lying in Greenville and Spartanburg Counties,” ap proved December 24th, 1887, and an Act amendatory thereto, ap proved the 20th day of December, 1888. Read t he first time and referred to the Committee on Education. H.. R 438.—Mr. Stackhouse: A Bill to amend the various statutes and the law as to school districts embracing the towns of Marion, Mullins, Latta and Dillon, in Marion County. Read t he first time and referred to the Committee on Education. .H. R 439.—\lr. Mace: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886.” approved December 18th, 1894. so as to increase the limit of special tax, and so as to provide for purchase of grounds and houses for building and equipping houses, and to provide for contingent fee. Read t he first time and referred to the Committee on Education. H.. R 440.—Mr. Morgan: A Bill to amend Section 1262, of Vol. I, of Code of Laws of South Carolina. 1902, relating to meetings of the Board of Trustees of South Carolina College. Read t he first time and referred to the Committee on Education. H.. R 441.-~Mr. Brown (by request) : A Joint Resolution to pro vide for repayment of excess commutation tax to certain persons in Oconee County. Read t he first time and referred to the Committee on Finance. H.. R 442.—Mr. Morgan: A Joint Resolution proposing to amend Section 7, Article VIII., of the Constitution, relating to municipal bonded indebtedness. Read t he first time and referred to the Committee on Finance. H.. R 443.—Mr. Richards: A Joint Resolution providing for the payment to W. R. Hough, Treasurer of Kershaw County, seventy five dollars by the State, and one hundred and twenty-five dollars by said County Commissioners, due for taxes collected in 1898. Read t he first time and referred to the Committee on Finance. .H. R 444.—Mr. Mauldin: A Bill to provide for refunding certain bonds in Greenville County. Read t he first time and referred to the Committee on Finance. H.. R 445.—Mr. Stuckey: A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Kershaw Counties for services render-ed in compliance with Section 4 of the Act establishing Lee County. Read t he first time and referred to the Committee on Finance. TUESDAY, F EBRUARY 17, 1903. 431 .H. R 4.46.—Mr. McCain: A Bill to fix the amount of compensa tion of Magistrates and their Constables in York County. Read t he first time and referred to the Committee on Finance. .H. R 447.--Mr. Youmans: A Joint Resolution to require the State and County of Hampton to refund to J. C. Langford certain funds paid said State and County by said J. C. Langford (Treasurer of Hampton County), and to provide the manner of payment thereof. Read t he first time and referred to the Committee on Finance. .H. R 448.—Mr. Dowling: A Bill to abolish the office of Township Commissioner, in Bamberg County, and make the general law as to County government and assessment of property for taxation applica ble therein. I Read t he first time and referred to the Committee on Finance. H.. R 449.-—Mr. Bates: A Bill to amend Section 1210 of the Civil Code of 1902 as to appointment of School Trustees. Read t he first time and referred to the Committee on Judiciary. .H. R 450.-—Mr. Aull: A Bill adding another proviso to Section 2009 of Civil Code of South Carolina, making the Mayor and two Aldermen of Newberry part of the Commissioners of Public Works. Read t he first time and referred to the Committee on Judiciary. H.. R 451.»Mr. Wingo: A Joint Resolution to amend the Consti tution so as to permit the General Assembly to enact local and special laws on the subject of laying out, opening, altering and working roads and highways, and as to the age at which citizens shall be sub— ject to road or other public duty. Read t he first time and referred to the Committee on Judiciary. H.. R 452.—-Mr. J. E. Herbert: A Bill to amend Sec. 1011 of the Civil Code (Vol I, of the Code of 1902), so as to extend the jurisdic tion of the Magistrate between Cooper River'and Ashley River, in northern part of Charleston County. Read t he first time and referred to the Committee on Judiciary. H.. R 453.—.\'Ir. Thomas, Jr.: A Bill to fix the number and pro vide for the compensation of Magistrates in Richland County. Read t he first time and referred to the Committee on Judiciary. Also, t he following Claims. which were referred to the Committee on Claims and Grievances: .H. R 456.——Claim of E. D. Burton against the State of South Carolina, $200. H.. R 460.—Claim of H. Massey against the State of South Caro lina, $600.00. 432 J OURNAL OF THE SENATE,

MESSAGE N o. 24.

In the House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has appointed on H. 641 (S. 414).—Mr. Aldrich: A Concurrent Resolution to ap point a Special Commission for the completion of the State House, Messrs. Williams, Patterson and Rawlinson, on the part of the House. Very r espectfully, TOM C. HAMER, fClerk o the House. Received as information.

MESSAGE N 0. 25.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: _ The House respectfully informs your honorable body that it has rejected H. 501 (S. 215.—Mr. Douglass): A Bill to authorize and em power Counties and incorporated cities and towns to own and operate rock quarries and work convicts thereon, and extend the police juris dictions. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N 0. 26.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully requests your honorable body to return H. 8499 (S. 199.—Mr. von Kolnitz) : A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualiﬁcation for voters on and certain regulations in connection with party registraton for TUESDAY, F EBRUARY 17, 1903'. 433 primary e lections in Counties containing a city of forty thousand in habitants or more, and for the prevention of frauds and illegal voting in the same. Sent your honorable body with amendments. Very respectfully, - M. L. SMITH, Speaker of the House.

On m otion of Mr. von KOLNITZ, the request was granted.

MESSAGE N o. 27.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: ' The House respectfully informs your honorable body that it re fuses to agree to Senate amendments on H. 266 (S. 316.—l\lr. Magill): A Bill to amend Section 3139 of the Civil Code of South Carolina, Volume 1, 1902, relating to salaries of ofﬁcers in Greenwood County. Very respectfully, M. L. SMITH, Speaker of the House.

On m otion of Mr. GAINES, the Senate insisted upon its amend ments. Ordered t hat a message be sent to the House of Representatives accordingly, asking a Committee of Conference. Whereupon t he PRESIDENT appointed Messrs. Gaines. Raysor and McCall on the part of the Senate.

SPECIAL O RDER FOR TUESDAY, FEBRUARY 17TH, AT 12 O’CLOCK M., AND FROM DAY TO DAY AT THE SAME HOUR UNTIL DISPOSED OF.

.H. R 390.-—To make appropriations to meet the ordinary expenses of the State government for the fiscal year commencing January the first, 1903. (Favorable) - .H. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January Ist, 1903. ( Favorable.) 434 J OURNAL OF THE SENATE, .H. R 406.—A Bill to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate Officers and em ployees thereof, and other purposes herein named. (Favorable.) On m otion of Mr. MOWER, the above Special Orders were dis— charged and made the Special Order at 8 o’clock P. M. this evening.

GENERAL O RDERS.

THIRD READING BILLS.

H.. R 98.—Mr. W'ingo: A Bill to amend Section 298 of the Crirn inal Code of 1902. ' The B ill was read. Mr.. J W. RAGSDALE moved to strike out the enacting words of the Bill. After d ebate, on motion of Mr. W. RAGSDALE, the further consideration was postponed until the evening session. H.. R 269.-—Mr. Morgan: A Bill to ratify the amendment to Sec— tion 2, of Article VII., of the Constitution of 1895, relating to Coun— ties and County government. The q uestion was taken on agreeing to the passage of the Bill, on which the yeas and nays were taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Butler, Carpenter, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Hern— don, Hood, Hough, Hydrick, Johnson, Manning. Marshall, May field. McDermott, McIver, McLeod, Mower, Peurifoy, G. W. Rags dale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stan land, W'arren, Williams—35. - So t he motion was The r equired two-thirds vote being obtained, it was ordered that the title be changed to an Act and the Act enrolled for ratification. H.. R 308.—Mr. Towill: A Bill to entitle Malcolm P. Harris to apply for admission to practice law. The u nfavorable report was laid upon the table. The B ill was read. passed and ordered enrolled for ratification. S. 3 57.—Mr. Goodwin: A Bill to punish all persons who obtain any money or valuable security from any person while under con tract (either written or verbal) to labor for any other person. firm or corporation, to be guilty of a breach of trust with a fraudulent intent. and punished as for larceny. TUESDAY, F EBRUARY 17, 1903. 435

On m otion of Mr. SHEPPARD, the Bill was’continued until the next session of the General Assembly. S. 3 88.—Mr. Herndon: A Bill to amend Section II of an Act en titled "An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27th day of February, 1902. On m otion of Mr. HERNDON, the Bill was laid upon the table. .H. R 392.—Mr. Harrellson: A Bill to amend Section 4 of an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved 27th day of February, A. D. 1902, so as to increase the salary of the Sheriff of Horry County. The B ill was read, and, on motion of Mr. BUTLER, was amended as follows : By s triking out the words “eleven hundred and fifty dollars” after the word “Cherokee,” on line 13, and insert the following: “fifteen hundred dollars, which shall be in full for all work as Sheriff and for sewing all criminal process issued by the Magistrates resident at Gaffney.” On m otion of Mr. RAYSOR. the Bill was further amended: yAmend b Striking out the words “twenty-two,” on line 30 of printed Bill, between the words “Orangeburg” and “hundred,” and inserting the words “twenty—five” in lieu thereof. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments?” it was decided in the afiirmative. H.. R 393.—Mr. Bass: A Bill to amend Section 11 of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of this State,” approved February 27, 1902, by striking out the word “five” on the 27th line of said Section and inserting in lieu thereof the word “six,” so as to in crease the salary of the County Superintendent of Education of Wil liamsburg County. The B ill was read, passed and it was ordered that the title be changed to that of an Act and the same be enrolled for ratification. H.. R 394.-—Mr. Moses: A Bill to provide for a monument to the memory of Wade Hampton. The B ill was read—the pending question being the amendment proposed by the Senator from Aiken and printed in yesterday’s Jour nal. After d ebate by Mr. JOHNSON, Mr. H ARDIN moved to lay the amendment on the table. 29—8. J.—(500) 436 J OURNAL OF THE SENATE, The q uestion was taken on agreeing to the motion of the Senator from Chester, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B rice, Brown, Butler, Carpenter, Davis, Dean, Dennis. Hardin, Hay, Herndon, Hood, Hydrick, Manning, Mar shall, McCall, McIver, Mower, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Raysor, Sharpe, Sheppard, Stanland, Talbird, von Kolnitz, Walker, VVilliams—28. Nays—Messrs. B lake, Douglass, Forrest, Gaines, Goodwin, Hough, Johnson, Mayfield, McDermott, McLeod, Stackhouse, War ren—12. ’ So t he motion was adopted. The B ill was passed and it was ordered that the title be changed to that of an Act and the same be enrolled for ratification. H.. R 397.—-Mr. Morgan (by request): A Bill to amend an Act entitled “An Act to amend Section 431, Vol. 2, Revised Statutes, 1893, so as to prohibit sale and shipping of partridges for five years,” approved February 9, 1900, so as to include deer and wild turkeys within its provisions. approved February 25, 1902, as to the burden of proof. The B ill was read, passed and it was ordered that the title be changed to that of an Act, and the same be enrolled for ratification. .H. R 399.—Substitute: A Bill to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carry ing, manufacturing and sale of pistols, and to make a violation of the same a misdemeanor,’ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof,” approved 25th February, 1902, by prohibiting leasing, renting, bartering, ex changing and handling pistols. The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: Section 1 , by striking out all after the “than,” on line 15, down to and including the word “days,” on line 16, and insert the following in lieu thereof: “One thousand dollars, or imprisonment for not more than two years.” On m otion of Mr. HERNDON, the Bill was further amended: SectiOn 1 . line 13, by striking out word “handle ;” line 14, by strik ing out word “use.” The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments?” it was decided in the afiirmative. - H.. R 401.—Mr. Sinkler: A Bill granting to the United States the TUESDAY, F BRUARY 17. 1903. 437 titlef o the State to and the jurisdiction of this State over certain lands on Sullivan’s Island, Charleston County, for military purposes. The B ill was read, and, on motion of Mr. VON KOLNITZ, was amended as follows: Add a fter word “County,” on line 6, page 3, printed Bill, “which shall have exclusive jurisdiction of the same an .” The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the affirmative. S. 4 10.—Mr. Hood: A Bill to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the office of Clerk of Court for said County. The B ill was read, passed and ordered sent to the House of Repre-' sentatives.

RECONSIDERATION.

Mr. H ERNDON moved to reconsider the vote whereby H.. R 393.—Mr. Bass: A Bill to amend Section II of an Act en titled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties of this State,” approved F eb ruary 27, 1902, by striking out the word “five” on the 27th line of said Section and inserting in lieu thereof the word “six,” so as to increase the salary of the County Superintendent of Education of Williamsburg County. Passed i ts third reading and was ordered enrolled for ratification. The m otion to reconsider was agreed to. The B ill was read, and, on motion of Mr. , was amended as follows : Section I , line 23, by inserting after words “Oconee County, five hundred dollars,” the words “to be paid monthly.” Amend t itle by striking out of title all after figures 1902. Section I , by striking out all after word “amended,” line 3, down to words “so that,” line 5. a The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the affirmative.

SECOND R EADING BILLS.

.H. R 396.——Mr. Clifton: A Bill to amend Section 169 of the Code 438 J OURNAL OF THE SENATE, of C ivil Procedure, contained in Vol. 2, of the Code of Laws of South Carolina, 1902, in reference to demurrers. (Unfavorable.) On m otion of Mr. BRICE, the unfavorable report was laid upon the table. The B ill was read. After d ebate by Messrs. BRICE and RAYSOR, Mr. R AYSOR moved to indefinitely postpone the Bill. After f urther debate by Messrs. J. W. RAGSDALE, ALDRICH, BRICE, MAYFIELD, HAY, SHEPPARD and G. W. RAGS— DALE, . The q uestion was taken upon the motion to indefinitely postpone, and upon a division the vote stood yeas I 3, nays 23. So t he motion was lost. Ordered p laced on the Calendar for a third reading. Mr. R AYSOR gave notice of amendments on third reading. H.. R 398.—Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. (Without recommen— dation.) The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: Line 1 3, after the word “Cherokee” and before the word “dollars,” insert the following, “and fifty.” On m otion of Mr. FORREST, On l ine 27, after “hundred,” insert “fifty ;” so it shall read, “Saluda, four hundred and fifty dollars.” ' On m otion of Mr. STANLAND, On l ine I 7, after the word “and,” strike out the words “his clerk,” and insert the following: "The Clerk of the Board of County Com missioners of said County.” On m otion of Mr. GAINES, Sec., 2 line 21, as to Greenwood, strike out word “seven” and in sert word “nine.” Amend t itle by inserting between word “Edgefield” and word “and,” the word “Greenwood.” On m otion of Mr. MCCALL, Strike o ut “600” and insert “700,” Supervisor Marlboro County. On m otion of Mr. HYDRICK, the further consideration of the Bill was postponed. - S. 4 24.—Mr. Butler: A Joint Resolution to validate a special elec TUESDAY. F EBRUARY 17, 1903. 439 tion a nd l-evy in Blacksburg Graded School District, held 13th Feb ruary. (W'ithout reference or printing.) On m otion of Mr. MANNING, at 2.05 o’clock P. M., the Senate took a recess until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M and was called to order by the PRESIDENT. ' '

FREPORTS O COMMITTEES.

Mr. G AINES, from the Committee on Roads, Bridges and Fer ries, submitted an unfavorable report on H.. R 417.—Mr. Doar: A Bill to further regulate public ferries, and to prescribe penalties. Upon i mmediate consideration the unfavorable report was adopted and the Bill rejected. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on H.. R 420.—'.\lr. Sinkler: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on H.. R 421.—Mr. Richardson: A Bill to require owner and tenant to fence in or ﬁll up abandoned wells. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted an unfavorable report on H.. R 422.—Mr. Patterson: A Bill to amend Section 1218, of Vol. I, of the Civil Code of the Laws of South Carolina, by making all Trustees of the public schools of this State conservators of the peace, and to invest them with the common law powers of Constables. Upon i mmediate consideration the unfavorable report was adopted and the Bill rejected. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report, with amendments, on 423.—Mr. M agill: A Bill to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trusts. 440 J OURNAL OF THE SENATE,

Ordered f or consideration to-morrow. Mr. J OHNSON, from the Committee on Commerce and Manu facture, submitted a favorable report on H.. R 429.—Mr. Gause: A Bill to prevent the shipping of shad beyond the limits of this State. Ordered f or consideration to-morrow. Mr. M CLEOD, from the Committee on Finance, submitted a fa vorable report on .H. R 445.—Mr,. Stuckey: A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Ker shaw Counties for services rendered in compliance with Section 4 of the Act establishing Lee County. Ordered f or consideration to-morrow. S. 4 62.—Mr. Marshall: A Concurrent Resolution appointing a Committee from members of the House and Senate to investigate and report on certain repairs on the State House.

A C ONCURRENT RESOLUTION.

Bet i resolved by the Senate, the House of Representatives concur ring, That two Senators to be appointed by the President of the Senate and three Representatives to be appointed by the Speaker of the House, who shall constitute a Commission to ascertain what work is necessary to be done to the inside of the State House, and to the roof thereof; also, to inquire and ascertain what is the condition of the heating apparatus, if the same can be repaired, and what will be the cost therefor. If it cannot be repaired. what will be the cost to put in a new heating plant. Further, to obtain estimates for erecting a retaining wall around the terrace of the State House and ap proaches thereto, and to report the same to the General Assembly at its next session, and the said Commission shall be authorized to sit during the recess of the General Assembly. Upon i mmediate consideration the Resolution was adopted. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent the Senate the following: H.. R 454.—Mr. Mims: A Concurrent Resolution to permit the introduction of a Bill to amend an Act entitled “An Act to incorpo rate the American Land and Improvement Company,” approved De cember 24th, 1891. ‘ Ordered f or consideration to-morrow. .H. R 455.—W'ays and Means Committee: A Concurrent Reso lution to permit the introduction of a Bill to authorize the Lexington TUESDAY, F EBRUARY 17, 1903. 441 and C olumbia Railway Company to construct its tracks through cer tain Counties, and for other purposes. The q uestion was taken on agreeing to the Resolution of the House, on which the yeas and nays were taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Herndon, Hood, Hough, Hydrick, Johnson, Manning, Mayﬁeld, Mc Call, McDermott, McIver, McLeod, Mower, Peurifoy, G. \V. Rags dale, Raysor, Sheppard, Stackhouse, Talbird, von Kolnitz, Walker, Warren, VVilliams—36. The t wo-third vote being obtained, the Resolution was adopted and returned to the House of Representatives, with concurrence. .H. R 461.—Claim of Charles A. Calvo, Jr., for binding volume 2 of Reports and Resolutions, $900.00. Referred t o the Committee on Claims and Grievances.

MESSAGE N o. 28.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has rejected H. 602 (S. 80.—Mr. Dennis): A Bill to amend an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcers of the various Counties of the State,” approved Feb ruary 27th, 1902. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

SPECIAL O RDERS FOR 8 O’CLOCK P. M.

On m otion of Mr. MOM/ER, the Senate proceeded to the consid— eration of .H. R 390.——To make appropriations to meet the ordinary expenses of the State government for the fiscal year commencing January the first, 1903. (Favorable) The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. 442 J OURNAL OF THE SENATE, H.. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January Ist, 1903. (Favorable.) The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. .H. R 406.—A Bill to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate officers and em— ployees thereof, and other purposes herein named. (Favorable.) The B ill was read and ordered placed on the Calendar for a third reading, with notice of general amendments. On m otion of Mr. HYDRICK. the Senate proceeded to the con— sideration of H.. R 203.-—-Mr. Johnson: A Bill to require all railroads operat— ing in this State to protect the rates of freight stipulated in the bill for carriage of all freights, goods, wares and merchandise, and to provide penalties for the violation thereof. (Favorable, with amend— ments.) ' The B ill was read. The a mendment proposed by the Committee. on motion of Mr. WARREN, was amended by adding as Section 5: “That a ll Acts or parts of Acts inconsistent with this Act be, and the same is hereby, repealed.” The C ommittee amendment was then adopted, to wit: By s triking out all after the enacting words of the Bill, and by in— serting in lieu thereof the following: “A B ill to regulate the manner in which common carriers doing business in this State shall adjust freight charges and claims for loss or of damage to freight. “Section 1 . That from and after the passage of this Act, all com mon carriers doing business in this State shall settle their freight charges according to the rate stipulated in the bill of lading: Pro vid'cd, The rate therein stipulated be in conformity with the classifi cations and rates made and filed with the Interstate Commerce Corn mission, in case of shipments from without this State, and with those of the Railroad Commissioners of this State, in case of shipments wholly wthin this State, by which classifications and rates all con signees shall in all cases be entitled to settle freight charges with such carriers; and it shall be the duty of such common carrier to in form a ny consignee or consignees of the correct amount due for freight. according to such classifications and rates: and upon pay ment or tender of the amount due on any shipment, or any part of any shipment. which has arrived at its destination, according to such' TUESDAY, F EBRUARY 17, 1903. 443 classifications a nd rates, such common carrier shall deliver the freight in question to the consignee or consignees; and any failure or refusal to comply with the provisions hereof shall subject each such carrier so failing or refusing to a penalty of fifty doliars for each such failure or refusal, to be recovered by any consignee or consignees aggrieved by suit in any Court of competent jurisdiction. “Section 2 . That every claim for loss of or damage to property while in the possession of such common carrier shall be adjusted and paid within forty days, in case of shipments wholly within this State. and wthin ninety days in case of shipments from without this State, after the filing of such claim with the agent of such carrier at the point of detsination of such shipment: Provided, That no such claim shall be filed until after the arrival of the shipment, or of some part thereof, at the point of destination, or until after the lapse of a rea sonable time for arrival thereof. In every case such common carrier shall be liable for the amount of such loss or damage, together with interest thereon from the date of the filing of the claim therefor until the payment thereof. Failure to adjust and pay such claim within the periods respectively herein prescribed shall subject each common carrier so failing to a penalty of fifty dollars for each and every such failure, to be recovered by any consignee or consignees aggrieved in any Court of competent jurisdiction: Provided, That, unless such consignee or consignees recover in such action the full amount claimed, no penalty shall be recovered, but only the actual amount of the loss or damage, with interest as aforesaid: Provided, further, That no common carrier shall be liable under this Act for property which nevercame into its possession,if itcomplies with the provisions of Secton 1710. Vol. 1, of the Code of Laws of South Carolina, 1902. “Section 3 . That any common carrier, upon complying with the provisions of this Act, shall have all the rights and remedies herein provided for against the common carrier from which it received the freght in question. “Section 4 . That causes of action for the recovery of the posses sion of the property shipped, for loss or damage thereto, and for the penalties herein provided for, may be united in the same complaint.” Amend t he title, so as to read as follows: “A Bill to regulate the nmanner i which common carriers doing business in this State shall adjust freight charges and claims for loss of or damage to freight.” The B ill was passed and ordered placed on the Calendar for a third reading. 444 J OURNAL OF THE SENATE,

SECOND R EADING BILLS.

H.. R 403.—Mr. Coggeshall: A Bill to deﬁne the law relating to certain forms of commercial papers. (Favorable) The B ill was read and ordered placed on the Calendar for a third reading. The f ollowing amendments, proposed by Mr. HYDRICK, were ordered printed in the Journal, to wit: Amend B ill No. 403 as follows: _ nI. I Section 1, line 1, strike out the words “commercial paper shall not,” and insert in lieu thereof the following: “no contract here after made shall.” 2. A dd another Section, as follows: “Section 2 . That no more than reasonable fees or commissions for collection shall be charged, collected or allowed on any contract pro viding for the payment thereof, notwithstanding the terms of such contract.” 3. A mend the title by striking out the word “deﬁne,” and insert in lieu thereof the word “declare,” and by striking out the words “forms of commercial paper,” and inserting in lieu thereof the word “con tracts.” 4. C hange Section 2 to Section 3. Mr. M ANNING moved that when the Senate adjourn, it be ad journed to meet at 11.30 o’clock A. M. to-morrow. The m otion was adopted. On m otion of Mr. HYDRICK, at 9.35 o’clock P. M., the Senate adjourned.

' W ednesday, February 18, 1903.

The S enate assembled at 11.30 A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. WEDNESDAY, F EBRUARY 18, 1903. 445

The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. GOODWIN, the further reading of the Journal was dispensed with.

PETITIONS. M EMORIALS, &c.

Mr. M ARSHALL presented S. 4 64.—Claim of the Gonzales Book Company, for stationery furnished the Senate, $1.65. Referred t o the Committee on Contingent Accounts. ONMr. V KOLNITZ presented ' S. 4 65.——Annual Report of the Harbor Commisisoners for the port of Charleston. Charleston, S . C., January 31, 1903. To the Honorable the Senate and House of Representatives of the State of South Carolina: In c ompliance with the Act hereto relating and in behalf of the Harbor Commissioners for the port of Charleston, I have the honor to report : That f rom the record of the Harbor Master’s office it appears that during the twelve months ending December 31, 1902, the arrivals of American vessels at the port of Charleston amounted to 684, classi fied as follows: 198 schooners, 471 steamships, 14 barks and 1 brig, aggregating 1,094,251 tons (net register). That d uring the same period there were 56 arrivals of British ves sels, classified as follows: 52 steamships and 4 schooners, aggregat ing 82,896 tons (net register). That d uring the same period there were 95 arrivals of vessels of other foreign nationalities, classified as follows: 92 steamships and 3 barks, aggregating 65,244 tons (net register). Thust i appears that the total number of arrivals at the port for the year above mentioned amounted to 835 vessels, with an aggregate tonnage of 1,142,391 tons (net register) ; while in the year immedi ately preceding the total number of arrivals was 732, with an aggre gate tonnage of 1,060,479 tons (net register). From t he financial statement submitted to the Board it appears that on the 1st of January, 1902. there was a cash balance on hand amounting to $20.02. and that during the year $2,058.00 for harbor fees were collected from vessels which arrived. The disbursements during the past year amounted to $1,988.75, leaving on hand the Ist of January $89.32. 446 J OURNAL OF THE SENATE,

The P ort Wardens report that they have surveyed 42 vessels dur ing the past year, and that the amount they received was $594.00, as against $482.50 for the previous fiscal year. The reports in detail referred to in the foregoing are on file in the ofiice of the Board. Respectfully s ubmitted, J. ADGER SMYTHE, Mayor, and ea- oflicio Chairman Board of Harbor Commissioners.

Received a s information.

REPORTS OF COMMITTEES.

Mr. M OWER, from the Committee on Finance, submitted a favor able report, with amendments, on .H. R 298.—Mr. DeBruhl: A Bill to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. Ordered f or consideration to-morrow. Mr. M O\V ER, from the Committee on Finance, submitted a favor able report. with amendments, on H.. R JAfar—Committee report by Substitute Bill to impose a capi tation tax upon all dogs. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted an unfavorable report on H.. R 418.—Mr. Stuckey: A Bill to prescribe the mode of secur ing scholarships and free tuition provided for by this State. Ordered f or consideration to-morrow, without printing. Mr. H AY, from the Committee on Penitentiary, submitted a fa vorable report, with amendments, on .H. R 434.—Mr. Brown: A Bill to provide for the payment of a salary to the Chaplain of the Penitentiary for services rendered as Chaplain of the Reformatory. Ordered f or consideration to—morrow. Mr. W ALKER, from the Committee on County Offices and Of ficers, submitted a favorable report on H.. R 435.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the vari ous Counties in this State,” approved 27th day of February, 1902, relating to the salary of the Auditor of Aiken County. Ordered f or consideration to—morrow. WEDNESDAY, F EBRUARY 18, 1903. 447 Mr. W ALKER, from the Committee on County Ofiices and Of ficers, submitted a favorable report on .H. R 436.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers in various Counties of the State, so as to fix the salary of the Coroner of Aiken County. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on .H. R 438.—Mr. Stackhouse: A Bill to amend the various Statutes and the law as to school districts embracing the towns of Marion, Mullins, Latta and Dillon, in Marion County. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on .H. R 439.——-Mr. Mace: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax, and so as to provide for purchase of grounds and houses, for building and equipping houses, and to provide for contingent fee. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on . H.. R 440.—Mr. Morgan: A Bill to amend Section 1262, of Vol. 1, of Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of South Carolina College. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, without recommendation, on .H. R MEL—Mr. Bates: A Bill to amend Section 1210 of the Civil Code of 1902. as to appointment of School Trustees. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a report, without recommendation, on .H! R 450.—Mr. Aull: A Bill adding another proviso to Section 2009 of Civil Code of South Carolina, making the Mayor and two Aldermen of Newberry part of the Commissioners of Public Works. Ordered f or consideration to-morrow. Mr. M AYFIELD, from the Committee on Judiciary, submitted a favorable report on 448 J OURNAL OF THE SENATE,

.H. R 451.—Mr. Wingo: A Joint Resolution to amend the Consti— tution so as to permit the General Assembly to enact local and- special laws on the subject of laying out, opening, altering and working roads and highways, and as to the age at which citizens shall be sub ject to road or other public duty. Ordered f or consideration to-morrow. ‘ Mr. J OHNSON, from the Committee on Enrolled Bills, reports the following Bills and Joint Resolutions correctly enrolled and ready for ratiﬁcation: S. 2 07.-—Mr. Manning: A Bill to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds. S. 2 75.—Mr. Hood: A Bill to authorize the Trustees of Gantt School District of Anderson County to issue bonds for the purpose of erecting a school building and equipping same. . S. 2 44.—Mr. Peurifoy: A Bill conferring certain jurisdiction upon the Trustees of Peniel Camp Ground Association, in Colleton County, and limiting the same, together with power to appoint a Special Constable. ' S. 2 81.—Mr. Hough: A Bill to repeal Section XXV. of an Act en titled “An Act to incorporate certain towns and villages and to renew and amend certain charters heretofore granted,” passed 19th Decem ber, 1885, and to confer the power to condemn lands for streets. S. 2 77.—Mr. Goodwin: A Bill to prohibit the importation of dis eased stock into this State. S. 2 11.—Mr. Marshall (by request): A Bill to provide for the passage upon and payment of claims of N. W. Brooker. S. 1 38.—Mr. McLeod: A Joint Resolution to provide for a special assessment of real propertv in Lee County. S. 4 3.—Mr. Gaines: A Bill to provide for the erection of a bridge across Saluda River at Ware Shoals. S. 1 54.—Mr. Talbird: A Bill to amend Section 181-1 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), so as to correct a typographical error therein. S. 2 45.—Mr. Herndon: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Oconee County to pay the past indebtedness of said County; Board of Commissioners to pledge the special tax levy herein provided for to secure the same. S. 1 19.——Mr. Hay: A Bill to authorize the Trustees of School Dis trict No. l of Kershaw County to issue bonds for the purpose of re funding the present bonded indebtedness thereof and improve and erect school buildings. WEDNESDAY. F EBRUARY 18, 1903. 449

S. 1 62.—Mr. Aldrich: A Bill to provide for the reindexing of the records of Barnwell County. S. 2 14.—Mr. Peurifoy: A Bill to allow the Supervisor and County Commisisoners of Colleton County to apply surplus funds to ordi nary County expenses. S. 2 53.—Mr. Brown: A Bill to authorize and provide for the erec tion of a new Court House for the County of Darlington and for reindexing and otherwise perfecting the public records of said County. S. 1 95.—Mr. Butler: A Bill to empower the Sinking Fund Com mission of Cherokee County to retire and refund bonds of said County and ﬁxing compensation of said Commission. S. 1 63.——Mr. Mayﬁeld: A Bill to amend Section 4 of an Act en titled “An Act to amend Sections 3 and 1 of an Act entitled ‘An Act to provide a system of County government of the several Counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. S. 1 56. Mr. Talbird: A Bill to amend Section 1857 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), to correct a typographical error therein. S. 2 61.—Mr. Raysor: A Bill to amend an Act entitled “An Act to provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein. S. 2 64.-—-Mr. J. W. Ragsdale: A Bill (with a memorial) to ex— tend the jurisdiction of the Board of Health of Florence so that the same may include all cemeteries lying adjacent to such city.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following:

MESSAGE No 29.

In t he House of Representatives, Columbia, S. C., 18th February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it ac 450 J OURNAL OF THE SENATE, cepts y our invitation to attend in the Senate Chamber, this day at 1.45 o'clock P. M., for the purpose of ratifying Acts. Very respectfully, M. L. SMITH, Speaker of the House. Received as information. The Sergeant-at—Arms announced

MESSAGE F ROM THE GOVERNOR. Message N o. 5 from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary. MESSAGE N o. 5.

The M essage was read, as follows: State of South Carolina, Executive Chamber, Columbia, February 18, 1903. To the President and Gentlemen of the Senate: I h ave the honor to transmit to your honorable body the enclosed communication from Mr. John Izard Middleton. The offer to pre sent to his native State a portrait of his illustrious kinsman, the Hon. Arthur Middleton, one of the signers of the Declaration of Inde pendence, should, in my opinion, command our courteous and distin— guished consideration. I shall take great pleasure in notifying the donor, Mr. John Izard Middleton, of your acceptance of this gift of remembrance to his native State, and feel sure that you will authorize me so to do. I h ave the honor to be, respectfully yours, . D. C. HEYWARD, Governor. Baltimore, 16 February, 1903. To his Excellency Governor D. Clinch Heyward: Not h aving the pleasure of knowing your Excellency, I requested my friend, Henry E. Young, to explain to your Excellency my wish to offer to the General Assembly of my native State, a copy, made by a well known portrait painter, who has worked for me, of a life size of my great-grand-father, Arthur Middleton, of South Carolina, One of the signers of the Declaration of Independence. All that I desire is that the picture may be accepted by the authorities of the State, the mother of my family for 230 years, and placed in the Senate Chamber, as the property of the State. WEDNESDAY, F EBRUARY 18, 1903. 451 Mr. R AYSOR offered the following Resolution: Resolved b y the Senate, That the portrait of the Honorable Arthur Middleton, an illustrious son of this State, who contributed so much to its former renown, and whose public services are gratefully enshrined in the hearts of the people, presented to the Senate by the Honorable John Izard Middleton, be and is hereby accepted, and that the thanks of the Senate are tendered to the donor. Resolved f urther, That the Sergeant-at-Arms is instructed to place the portrait in an appropriate place in the Senate Chamber. Upon i mmediate consideration, the Resolution was adopted.

GENERAL O RDERS.

THIRD READING BILLS.

H.. R 170.——Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to fix the compensation of the Magistrate thereof, and of his Constable. ' The B ill was read the third time and the following amendments were proposed, considered and adopted, to wit: By M r. HYDRICK: By i nserting just after the enacting words, the following: “Section 1 . That the law as to Magistrates and Constables, their location, jurisdiction, salaries, etc., shall be as now provided by law, except as hereinafter provided. to wit." By M r. MAYFIELD: Bamberg, l ine 6, after “Bamberg” and before “dollars,” strike out “two hundred and fifty," and in lieu thereof insert “three hundred.” Further a mend: Line 8, after “hundred” and before “dollars,” insert “and fifty.” By M r. MCCALL: _ Marlboro, p age 44, line 4, Sec. 2, after “hundred” and before “dol lars,” insert “and fifty.” By M r. TALBIRD: Amend B ill 1’70 by inserting after Section headed Bamberg, the following: Beaufort County—Eight Magistrates shall be appointed in Beaufort County, with the following salaries: One at Beaufort, seven hundred dollars; one for St. Helena Township, three hundred dol lars; one for Yemassee Township, three hundred dollars ; one at Port Royal, t wo hundred and fifty dollars; one each for Sheldon, Coosaw 30—s. J.—(500) 452 J OURNAL OF THE SENATE,

hatchie, B luffton and Hilton Head Townships, each two hundred dollars. Each of the said Magistrates may appoint one Constable at the following salaries, to be paid by the County: for Beaufort, two hundred and fifty dollars; for Bluffton Township, one hundred dol lars, and an additional Constable, to be appointed by the Governor, who shall reside in the town of Bluffton, at a salary of one hundred dollars; for Yemassee and St. Helena Township, each one hundred and twenty—five dollars; for Hilton Head Township, seventy—five dollars. and the Constables for the other places, one hundred dollars each. Said Constables also to receive five cents a mile of necessary travel in the performance of their duties, when the same~can be col lected from the defendants, and one additional Constable to be ap— pointed by the Magistrate of St. Helena. That the jurisdiction of the Magistrates now or hereafter appointed for the County of Beaufort, resident at or near Hardeeville, be and hereby is extended over the territory of Hampton County to the limits of five miles in each and every direction from the Charleston and Savannah Railway depot in said village of Hardeeville, in criminal cases: Provided, He shall only have urisdiction to issue warrants for and arrest persons charged with crime in Hampton County, and deliver them to the authorities of Hampton Countv for trial. All persons arrested charged with any offense against the laws of the State in the County of Beaufort shall be carried before the Magistrate nearest the place where the offense was committed for trial or preliminary examina— tion. as the case may be, and all civil actions in said Courts shall be tried in the t0wnship in which the defendant resides, subject to the right of removal as provided by law. By M r. DAVIS: Amend B ill 170. Insert after and at the end of Section, Chester field County, the following: Clarendon County—Magistrates shall be appointed in Clarendon County as follows: One shall reside in the town of Manning, one at or near New Zion Church, one at Foreston, one at Pinewood, one at or near Paxville, and one at or near St. Paul. The Magistrates appointed to serve outside of the town of Manning shall each appoint one person to act as Constable, in serving the processes of their respective Courts, removable at pleasure. It shall be the duty of the Sheriff of Clarendon County to perform all the duties of Constable for the Magistrate at Manning, in criminal cases, without receiving any extra compensation therefor. In lieu of all fees and costs for criminal proceedings heretofore paid them by the County, the Magistrate at Manning shall be allowed a salary of three hundred dollars per annum, and each of the other Magistrates the WEDNESDAY, F EBRUARY 18, 1903. 453 fsum o one hundred dollars, except the Magistrate at or near St. Paul, who shall receive a salary of two hundred and fifty dollars per annum; and each Constable appointed as aforesaid shall receive a salary of seventy—five dollars per annum, except the Constable to the Magistrate at or near St. Paul, whose salary shall be one hundred dollars per annum. Said salaries shall be payable quarterly, on the first of January, April, July and October, by the County Treasurer, out of the County funds, upon the orders of the County Supervisor. Each Magistrate so appointed shall give a bond of five hundred dol— lars for the faithful performance of his duties, to be approved by the Judge of the Third Circuit. The f urther consideration of the Bill was postponed temporarily. H.. R 321.—Mr. Bomar: A Bill to incorporate the Electric Manu facturing and Power Company of Spartanburg. The B ill was read. On m otion of Mr. HYDRICK, the pending amendment offered by the Senator from Fairfield, and printed in the Journal of the 13th inst.._was laid upon the table. On m otion of Mr. HYDRICK, the Bill was amended by striking out Section 4 and inserting the following as Section 4: Section 4 . The said corporation shall have the right to condemn such property and rights of way as may be necessary to enable said company to successfully construct, erect and operate the said rail roads, electric railways, electric works and waterworks for public uses, on payment to the owner or owners thereof just compensation, such property, rights of way to be condemned, and such compensa tion to be determined in the manner now provided by law for the condemnation of lands and rights of way by railroad corporations. Amend S ec. 1 by adding after the word “recited,” on line 18, the following: “Provided, In so constructing such dam or dams, canals, mills, buildings or machine shops, proper fishways and sluices over said darn or dams shall be constructed, so as not to prevent migratory fish from crossing same ;” and should such manufacturing company, companies or persons refuse or fail to do so, they shall be liable to a fine of five thousand dollars, recoverable by the County in which such dam may be erected, in a Court of competent jurisdiction." The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the affirmative. S. 4 24.-—Mr. Butler: A Joint Resolution to validate a special elec tion and levy in Blacksburg Graded School District, held, 13th Feb ruary. 454 J OURNAL OF THE SENATE,

The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: By i nserting the figures 10, on line 3 of the preamble, after the word “No” and before the word “in.” Also a mend Sec. ,1, line 3, after the word “District” and before the word “of,” by inserting the words: “Number 10." ' The q uestion being put, “Shall the Bill pass and be sent to the House of Representatives?” it was decided in the affirmative. H.. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January 1st, 1903. The B ill was read, and, on motion of Mr. MOWER, the roll of Counties was called and the following amendments proposed by the Senators of the several Counties were considered and adopted, to wit: By M r. MCIVER: On p age 7, of printed Bill, strike out all after the word “Chester— field,” on lines 166 and 167, and insert the following: “For t he County of Chesterfield, for ordinary County purposes, two and one-half (2i) mills; for interest on railroad bonds, two and two-tenths (2.2) mills. ' The County Board of Commissioners are hereby authorized to use a sum not exceeding two thousand dollars of the funds now in the County treasury derived from the sale of the County’s stock in the Seaboard Air Line Railway, for ordinary County purposes to supplement the levy herein made, to be paid out as other ordinary County funds. And the County Treasurer and County Supervisor are hereby authorized and directed to invest five thousand dollars of the said funds for the term of one year at a rate of interest of not less than four per cent., provided they can make a safe investment thereof.” By M r. MAYFIELD: Amend N o. 405: Bamberg, line 14, after mill, add: “And the County Treasurer is hereby authorized and required to deposit to the credit of the Denmark Special Road District such sums of money as was used by the County for County expenses, but which belonged to the said Denmark Special Road District.” Change period to comma after mill. Further a mend: Line 41, after “ten dollars,” add: “and twenty five dollars for extra work imposed during the year 1902.” Further a mend: line 43, after “hundred” and before “dollars,” in sert “and fifty.” By M r. ALDRICH: WEDNESDAY, F EBRUARY 18, 1903. 455

Amend S ec. 2, line 48, p. 3, printed Bill, after the word “mill,” in sert “for reindexing records, one quarter of one (i) mill.” By M r. DENNIS: Strike o ut lines 51 and 52 (page 3) and insert the following: “For t he County of Berkeley, for ordinary County purposes, four (4) mills. which together with any unexpended balance now in the County treasury, the profits from the Dispensaries, and all fines col lected, shall be used as follows: For the building of a new jail, three thousand (3,000) dollars, if so much be necessary, and no more, and the balance thereof to be expended for the payment of the expenses of the County and the salaries of the officials, for the present fiscal year, including the pay of three additional Magistrates, to be ap pointed, and their Constables.” By M r. VON KOLNITZ: Charleston C ounty—On line 63, after word “McClellanville,” add “the work on same to begin where road leads out of town of Mount Pleasant.” - On l ine 80, strike out “1901” and insert “1902.” On l ine 84, strike out “1902” and insert “1903.” On l ine 93, strike out “1903” and insert “1904.” On l ine 118%, after word “Commission,” add “after the bills for such expenditure, sworn to by said Secretary, have been audited by the Auditing Committee of the County Board of Commissioners.” On l ine 119%, add letter “s” to Word “warrant.” On l ine 127, insert word “first,” between “unless” and “audited.” On l ine 132, strike out “Chairman” and insert “Secretary,” and after “Commission” add “as hereinbefore provided for.” On l ine 145, strike out “transact” and insert “transmit.” By M r. DEAN: On p age 10, line 257, strike out “three,” and insert “six.” On p age 10, line 249, before the word “for,” insert the word “Greenville.” On p age 11, line 268, after the word “necessary,” insert: (1) For convicts and bridges, two-thirds of one mill. (2) Three-fourths of one mill to be applied to past indebtedness." By M r. W. RAGSDALE: To a mend by striking out the figures “3},” before the word “mills,” and insert the figures “3%.” yAlso, b striking out all after the word “mills,” on line 248. By M r. WARREN: On line 286, after the word “mills,” insert “That the County Board of Commissioners shall use any unexpended balance of funds in hand for ordinary County purposes. That the 456 J OURNAL OF THE SENATE. County S upervisor and County Treasurer be, and they are hereby, authorized and empowered to borrow a sufficient amount of funds, not to exceed the sum of four thousand dollars, for the purpose of paying all claims against the County during the fiscal year, and to pledge the County for same.” The f urther consideration of the Bill was postponed temporarily. H.. R 133,—Mr. Glover: A Bill to abolish the office of Phosphate Inspector, and to devolve the duties heretofore imposed on him on the State Geologist. (Favorable) The B ill was read. Mr. H ARDIN moved to strike out the enacting clause of the Bill. After d ebate by Messrs. HARDIN, MANNING, TALBIRD, RAYSOR, ALDRICH and MCDERMOTT, Mr. M ANNING moved to lay the motion on the table. _ U pon a division being demanded, the vote stood ayes 21, nays 9. So t he motion was laid upon the table. On m otion of Mr. MANNING, the Bill was amended: Sec., 1 lines 3 and 4, by striking out the words “State Geologist,” and insert in lieu thereof “Board of Phosphate Commissioners." Strike out “salary” and insert “compensation.” The B ill was passed and ordered placed on the Calendar for a third reading. .H. R II6.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 11., providing for ten-year convicts to serve sentences on public works of the County. The B ill was read. The p ending being the motion to strike out the enacting clause of the Bill. After d ebate by Messrs. MANNING, McIVER, G. W. RAGS DALE, BLAKE and HYDRICK, Mr. G AINES having the floor, The S ergeant—at-Arms announced the Honorable the Speaker and members of the House of Representatives.

RATIFICATION O F ACTS.

The H onorable the Speaker and members of the House of Repre sentatives attended in the Senate Chamber at 1.45 o'clock P. M., when the following Acts and Joint Resolutions were duly ratiﬁed: S. 8 I.—Mr. McLeod: An Act to ﬁx salaries for County officers of Lee County. WEDNEDAY, F EBRUARY 18, 1903. 457

S. 9 4.-—Mr. Blake: An Act to amend Section 826, Civil Code (be ing Volume I., at page 315, Code of Laws, 1902). S. 1 23.—Mr. Mower: An Act relating to the State and County taxes due by the Blue Ridge Railroad Company for the fiscal years commencing November Ist, 1872, to and including the year com mencing November Ist, 1881. S. 1 24.—Mr. von Kolnitz: An Act to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. S. 2 09.—Mr. Hay: A Bill to authorize the erection of a dam across Wateree River at Catfish Shoals. S. 2 07.—Mr. Manning: An Act to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds. S. 2 75.—Mr. Hood: An Act to authorize the Trustees of Gantt School District of Anderson County to issue bonds for the purpose of erecting a school building and equipping same. S. 2 44.—Mr. Peurifoy: An Act conferring certain jurisdiction upon the Trustees of Peniel Camp Ground Association, in Colleton County, and limiting the same, together with power to appoint a Spe cial Constable. S. 2 81.—Mr. Hough: An Act to repeal Section XXV. of an Act entitled “An Act to incorporate certain towns and villages and to renew and amend certain charters heretofore granted,” passed 19th December, 1885, and to confer the power to condemn lands for streets. S. 2 77.—Mr. Goodwin: An Act to prohibit the importation of dis eased stock into this State. S. 2 11.—-Mr. Marshall (by request): An Act to provide for the passage upon and payment of claims of N. W. Brooker. S. 1 38.-—Mr. McLeod: A Joint Resolution to provide for a special assessment of real property in Lee County. S. 4 3.—-Mr. Gaines: An Act to provide for the erection of a bridge across Saluda River at Ware Shoals. S. 1 54.—-Mr. Talbird: An Act to amend Section 1814 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), so as to correct a typographical error therein. S. 2 45.—Mr. Herndon: An Act to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commis SiOners of Oconee County to pay the past indebtedness of said County; Board of Commissioners to pledge the special tax levy herein provided for to secure the same. S. 1 19.-Mr. Hay: An Act to authorize the Trustees of School 458 J OURNAL OF THE SENATE, District N o. I of Kershaw County to issue bonds for the purpose of refunding the present bonded indebtedness thereof and improve and erect school buildings. S. I 62.—Mr. Aldrich: An Act to provide for the reindexing of the records of Barnwell County. S. 2 14.——Mr. Peurifoy: An Act to allow the Supervisor and County Commissioners of Colleton County to apply surplus funds to ordinary County expenses. S. 2 53.—Mr. Brown: An Act to authorize and provide for the erection of a new Court House for the County of Darlington and for reindexing and otherwise perfecting the public records of said County. S. 1 95.—-Mr. Butler: An Act to empower the Sinking Fund Com mission of Cherokee County to retire and refund bonds of said County and fixing compensation of said Commission. S. I 63.—Mr. Mayfield: An Act to amend Secti0n_4 of an Act en titled “An Act to amend Sections 3 and 4 of an Act entitled ‘An Act to provide a system of County government of the several Counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County. S. 1 56.—Mr. Talbird: An Act to amend Section 1857 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), to correct a typographical error therein. S. 2 61.—Mr. Raysor: An Act to amend an Act entitled “An Act to provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein. S. 2 64.--Mr. J. W. Ragsdale: An Act (with a memorial) to ex tend the jurisdiction of the Board of Health of Florence so that the same may include all cemeteries lying adjacent to such city. H.. R 315 (House No. 236) .—Mr. Doar: An Act to fix the amount of salary of Probate Judge of Georgetown County. .H. R 393 (House No. 380).-—Mr. Bass: An Act to amend Section 11 of an Act entitled “An Act to fix the amount of compensation to be paid to the County officers of the various Counties of this State," ap proved February _27, 1902, by striking out the word “five” on the 27th line of said Section and inserting in lieu thereof the word “six,” so as to increase the salary of the County Superintendent of Educa tion of Williamsburg County. .H. R 299 (House No. 402).—Mr. Brooks: A Joint Resolution to WEDNESDAY, F EBRUARY 18, 1903. 459 authorize t he Regents of the State Hospital for the Insane to pur chase the Seegers property, and to provide paying the same. H.. R 295 (House No. 36l).-—Mr. Ready: An Act to authorize and empower the Trustees of the School District No. 1, of Saluda County, to order an election and to issue coupon bonds of said school district for school purposes. H.. R 322 (House No. 376).—Mr. Lyles: An Act to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon. and extend the police jurisdiction. H.. R 362 (House No. 185).--Mr. Aull: An Act to further regu late the appointment and pay of State Constables by striking out Section 661, Civil Code (being in Vol. 1., Code of Laws), 1902, page 271. H.. R 317 (House No. 151).—Mr. Peurifoy: An Act to amend Section 11 of an Act entitled "An Act to fix the amount of the com pensation to be paid to the County officers of the various Counties of the State," approved the 27th day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties. .H. R 301 (House No. 268).-—-Mr. Lide: An Act to refund taxes overpaid by John C. F unchess. .H. R 308 (House No. 326).—-Mr. Towill: An Act to entitle Malcolm P. Harris to apply for admission to practice law. H.. R 293 (House No. 372).—Mr. Peurifoy: An Act to authorize and empower the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Saluda County, and to provide repayment thereof. H.. R 391 (House No. 377).—Mr. Quick: An Act to authorize the County Board of Education of Marlboro County to reimburse the Trustees of Beauty Spot School District for money expended by them for teachers’ salaries. .H. R 300 (House No. 401).-—Mr. Brooks: An Act to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elm wood avenue. H.. R 292 (House No. 443).—Mr. Williams: An Act to incorpo rate the Indianola Power Company. H.. R 324.—Mr. Bomar: An Act to amend Section 1239, of Vol. 1, of the Code of Laws of South Carolina, 1902, relating to sale of books by County Superintendents of Education. 460 J OURNAL OF THE SENATE, .H. R 323.—Mr. Cooper: An Act to incorporate the Board of Trustees of the Presbyterian College of South Carolina. H.. R 296.—Mr. Aull: An Act to amend an Act entitled “An Act to enable and authorize School District No. 14, in Newberry County, to issue bonds for the purpose of building and erecting a school house therein,” approved February 26th, A. D. 1902. H.. R 318.—Mr. Stuckey: An Act to create an additional township in Lee County. .H. R 302.—Mr. Smith: An Act to authorize and direct the Com missioners of the Sinking Fund to sell and convey to Delphia A. Vereen all the estate of her stepfather. A. L. Pendergrass. .H. R ISL—Mr. Cooper: An Act to repeal an Act entitled “An Act to incorporate the Clinton College Association,” approved December 24th, A. D. 1890. .H. R 394.—Mr. Moses: An Act to provide for a monument to the memory of Wade Hampton. H.. R 325.—Mr. Morgan (by request) : An Act to authorize and empower the Trustees of the School District of the City of Greenville to order an election and to issue coupon bonds of said school district for school purposes. ' H.. R 329.—Mr. Thomas: An Act to supply bound copies of the Code of Laws of South Carolina, 1902, to certain members of the General Assembly. H.. R 319.-—Mr. DeBruhl: An Act to amend Section 2170 of the Civil Code, Vol. 1., Code of Laws, 1902, so as to increase the penalty provided therein and to give one-half thereof to the person aggrieved and the other half to County. .H. R 202.—Mr. Thomas: A Bill to amend and extend the benefits and provisions of the Code of 1902, Sections 1347 and 2023, to the personal representative in case of death. H.. R 1'74.—Mr. Hill: A Bill to amend Section 761 of the Civil Code of South Carolina. Vol. 1., relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County. , H.. R 269.—Mr. Morgan: A Bill to ratify the amendment to Sec tion 2 of Article VII. of the Constitution of 1895, relating to Counties and County government. H.. R 2911-.—Mr. Haskell: A Bill to authorize the appointment of certain banking corporations or trust companies, as trustees, execu tors, administrators, guardians, receivers or assignees. .H. R 326.——Mr. Wingo: A Joint Resolution to authorize and re WEDNESDAY, F EBRUARY 18, 1903. 461 quire t he Treasurer of Abbeville County to refund to Mays Cleve land certain taxes overpaid. H.. R 115. Mr. Coggeshall: A Joint Resolution to refund to E. Keith Dargan. of Darlington County, certain taxes. H.. R 177.—-Mr. Lofton: A Joint Resolution to require the Sinking Fund to return certain moneys to H. M. Lofton, Jr., and James Reedy. ‘ On m otion of Mr. SHEPPARD. at 2.20 o’clock P. M., the Senate receded from business until 4.30 o’clock P. M.

RECESS.

The S enate reassembled at 4.30 o’clock P. M., and was called to order by the PRESIDENT.

PETITIONS. M EMORIALS, &c.

Mr. M cCALL presented S. 4 66.—Petition of A. J. Matheson, regarding improvements on the Pee Dee River. The p etition was read as follows: To t he General Assembly of the State of South Carolina: The p etition of Alexander J. Matheson respectfully represents to your honorable body: That there is now in the lowlands on the Pee Dee River about 135,000 acres of land which is practically worthless, as the timber has all been sold and will soon be removed, owing to the fact that the same is subject to overflow and owing to the numerous freshets that occur every year, renders this land unfit for agricultural purposes. That the Pee Dee River from Georgetown to Cheraw is about one hundred and seventy-two miles long._ It has been represented to your petitioner. who has a map of the said river, that twenty-two and one—half miles of same next to Georgetown is not subject to inundation, and, therefore. is cultivated, which is of great profit to the land owners. This leaves one hundred and forty nine miles of said river now subject to overflow annually. These overflows are produced by the loops and bends in the river, which by actual measurement is twenty-nine and one-half miles. that can be taken out by cutting across and straightening same. It would leave said river one hundred and twenty miles long. which would be prac 462 J OURNAL OF THE SENATE,

tically s traight. If the said river could be straightened. this would increase the fall, and the velocity of the water would be increased nearly 100 per cent., which would prevent further damage from high waters and freshets that are now so numerous and render said pro— perty practically worthless. This land to-day is placed on the tax books at less than $1.00 per acre, while, if the same land were not subject to the high waters, it would be worth $10 to $20 per acre, and would become more valuable each year, as the same is very rich and would add greatly to the taxable value of the real estate of said State. By referring to the map, it will be seen that there are now loops which measure ﬁve miles, which come back within a few hundred yards of the place where the bending starts. This will be seen in several instances. This work, in the opinion of your petitioner, can be done at a very small cost, and it would render the river navigable. aspetitioner well as refers protect to all aicut the thatadjacent was land made bordering near a point on same. in the Your river known as Cashua Ferry at one of these bends. It was started by cutting a ditch only three feet wide, and in ﬁve years steamboats were able to pass through that point and have continued to do so since. This fact can be had by reference to a map made by the General Government. ' Your p etitioner prays your honorable body to pass a resolution asking the Representatives of our State at the National Capital to take some steps asking for an appropriation from the Government too d this work. and he will ever pray, &c. A. J. MATHESON. Mr. M CCALL offered the following Concurrent Resolution, which was considered immediately, and agreed to: S. 4 67.—Mr. McCall: A Concurrent Resolution requesting the Representatives in Congress to urge an appropriation for straighten ing of the Pee Dee River.

REPORTSF O COMMITTEES.

Mr. B UTLER, from the Committee on Military, submitted a fa vorable report on H.. R 419.—-—Mr. Callison: A Bill to amend Sub-division Class C, No. 1, of Section 2, of an Act entitled “An Act to amend Sections 1065, 1066 and 1067, Chapter 22, Vol. 1, of the Code of Laws of South Carolina, 1902, relating to pensions,” approved the 26th day of February, A. D. 1902. WEDNESDAY, F EBRUARY 18, 1903. 463 Ordered f or consideration to-morrow. Mr. D OUGLASS, from the Committee on Agriculture, submitted an unfavorable report on H.. R 432.—-Mr. Tatum: A Bill to amend Section 1540, of Vol ume 1, of the Civil Code of 1902, as to sample of fertilizers. Upon i mmediate consideration the report was adopted and the Bill rejected. Mr. M OWER, from the Committee on Finance, submitted a spe cial report on H.. R 448.—Mr. Dowling: A Bill to abolish the office of Town ship Commissioner, in Bamberg County, and make the general law as to County government and assessment of property for taxation ap plicable therein. Ordered f or consideration to—morrow. Mr. G OODWIN, from the Committee on Contingent Accounts, submitted a favorable report on S. 4 57.—Sundry Claims of the R. L. Bryan Printing Company. Upon i mmediate consideration the report was adopted that the Claim be paid. ' Mr. G OODWIN, from the Committee on Contingent Accounts, submitted a favorable report on S. 4 64.——Account of the Gonzales Book Company for stationery furnished the Senate, $1.65. Upon i mmediate consideration the report was adopted that the Claim be paid. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent the Senate the following: S. 1 99.—Mr. von Kolnitz: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualification for voters on and certain regulations in connection with party registraton for pri mary elections in Counties containing a city of fatty thousand inhabit ants or more, and for the prevention of frauds and illegal voting in the same. Returned w ith amendments. On ' motion of Mr. VON KOLNITZ, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to that of an Act and the Act en rolled for ratification. H.. R 468.-—Mr. Lyles : A Bill to empower towns and cities of five thousand inhabitants and over to subscribe to the maintenance of public libraries. 464 J OURNAL OF THE SENATE,

Read t he first time and ordered for consideration to-morrow, with out reference. H.. R 469.—-Mr. McCain: A Bill to require the Treasurer of York County to refund to Bowling Green Knitting Mills certain overpaid taxes. , Read t he first time and placed on the Calendar, without reference. H.. R 470.—Mr. Coggeshall: A Joint Resolution, with a memo rial, to refund to Mrs. S. J. Nettles and Miss E. S. McCall, of Dar lington County, certain taxes. Read t he first time and referred to the Committee on Finance. H.. R 47l.——Mr. Walker: A Bill to amend an Act entitled “An Act to a mend the law in relation to the names and locations of the variour voting precincts in this State,” so as to change the location of “Erwinton,” i n Barnwell County. Read t he first time and referred to the Committee on Privileges and Elections. - .H. R 472.—-Mr. Mauldin: A Bill to add another Section to Article 2, under the title the State Geologist, Civil Code of South Carolina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of mineral of this State for Clemson Agricultural and Mechanical College. ' Read t he first time and referred to the Committee on Education

MESSAGEo N 30.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it insists on its amendments on H. 285 (S. 79.—Mr. Butler): A Bill to amend Section 4 of an Act entitled “An Act to fix the amount of compensation to be paid to the County officers of the various Counties of this State,” ap proved 27th February, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. ' And asks for a Committee of Conference, and has appointed on the part of the House Messrs. Kirby, D. O. Herbert and Black. ' Very respectfully, M. L. SMITH, Speaker of the House. Whereupon t he PRESIDENT appointed Messrs. Mayfield and Walker a Committee of Conference on the part of the Senate. WEDNESDAY, F EBRUARY 18, 1903. 465

Ordered t hat a message be sent to the House of Representatives accordingly.

0MESSAGE N 31.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it insists on its amendments on H. 579 (S. 288.—Mr. Johnson) : A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district. and to empower said district to convey an interest in said school house and lot .to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th Feb ruary, 1901, so as to require the town’s part of dispensary proﬁts to go to the school funds, and to provide contingent fees. And asks for a Committee of Conference, and has appointed on the part of the House Messrs. Webb, Hill and Thomas. Very respectfully, M. L. SMITH, Speaker of the House. Whereupon t he PRESIDENT appointed Messrs. Goodwin and Carpenter a Committee of Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

MESSAGE N 0. 32.

In t he House of Representatives, Columbia, S. C., 17 February, 1903. Mr. P resident and Gentlemen of the Senate: The H ouse respectfully refuses to agree to the Senate amendments proposed on H. 2 34 (s. 399.—Substitute) ; A Bill to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carrying, manufacture and sale of pistols, and to make a violation of 466 J OURNAL OF THE SENATE,

the s ame a misdemeanor,’ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof,” ap proved 25th February, 1902, by prohibiting, leasing, renting, barter ing, exchanging and handling pistols. (Favorable) Very r espectfully, M. L. SMITH, Speaker of the House.

Whereupon t he PRESIDENT appointed Messrs. Brice and Ray sor a Committee of Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

SPECIAL O RDER FOR TUESDAY, FEBRUARY 17TH, AT 12 O’CLOCK M., AND FROM DAY TO DAY AT THE SAME HOUR UNTIL DISPOSED OF.

.H. R 390.—T0 make appropriations to meet the ordinary expenses of the State government for the fiscal year commencing January the first, 1903. The B ill was read, and, on motion of Mr. MOWER, the following amendments, proposed by the Committee on Finance, were adopted, to wit: Committee a mendments to Appropriation Bill No. 390. Governor.—Amend, p age 1, line 8, strike out the word “five” and insert “four.” Railroad C ommissioners—Page 3, line 43, strike out the figure “2” and insert “3.” ,Page 4 line 67. after the word “dollars,’ , insert the words “four hundred dollars for the salary of a stenographer.” State H ouse—Page 4, lines 91-2, strike out the word “five hun dred” and insert “three hundred and fifty.” Page, 6 line 126, strike out the words “one hundred and fifty” and insert “two hundred.” Boardf o Health—Page 6, line 139, strike out the word “five” and insert in lieu “fifteen.” Auditors, T reasurers Salaries—Page 6, line 143, insert after the word “thousand” the words “five hundred.” Page, 6 line 145, after the word “thousand” insert the words “five hundred and sixty-six and 66-100.” WEDNESDAY, F EBRUARY 18, 1903. 467

South C arolina College—Page 6, line 153, strike out the words “twenty—eight thousand one hundred” and insert in lieu thereof tlie words “twenty-nine thousand four hundred.” Page, 6 line 155, after the word “Librarian,” insert as follows: “That o ne thousand six hundred and forty dollars be appropriated to be used to provide forty-one scholarships in the Normal Depart ment, one from each County, of the value of forty dollars, besides the remission of tuition and matriculation fees, the beneficiaries to be selected under regulation to be prescribed by the Board of Trustees; all of which shall be ;” and at end of line 158 add, “except as herein provided.” VVinthrop.—Page 7 , line 161, after the word “thousand,” insert the words “five hundred and sixtv-five and 22-100.” Same line, strike out the word “that” and insert in lieu the word “for;” and on line 162, after the word “Carolina” insert the words “five thousand four hundred and fifty-six dollars ;” and on line 162, strike out the words “shall be paid out of the regular appropriation herein.” Citade1.—Page 7 , line 165, strike out the words “twenty—five thou sand” and insert in lieu the words “twenty—two thousand five hun dred and fifty.” Colored C ollege at Orangeburg.——Page '7, line 171, after the word “dollars” insert the following: “one thousand five hundred dollars, to be used in completing building in process of erection.” .Page 9 line 216, strike out the figure “2” and insert in lieu thereof the figure “3.” Pensions—Page 9 , line 234, strike out the words “two hundred" and insert in lieu thereof the words “one hundred and fifty.” Mr. H OOD moved to indefinitely postpone the Committee’s amendment. ‘ After d ebate by Messrs. HOOD and MOWER, The q uestion was taken on agreeing to the motion of the Senator from Anderson, 'on which the yeas and nays were demanded. result ing as follows: Yeas—Messrs. B lake, Brice. Butler, Carpenter, Davis, Dennis, Douglass, Forrest, Hardin. Hay, Hood. Hough, Hydrick, Johnson, McDermott. McIver, McLeod, Peurifoy. J. W. Ragsdale, Raysor, von Kolnitz, Walker, W'arren—Q'Z. Nays—Messrs. G aines, Goodwin, Manning, Mayfield, McCall, Mower, G. W'. Ragsdale, Sheppard, Talbird, Williams—11. So t he motion was adopted. Attorney G eneral Special Fund—Page 12, line 315, strike out the 31—3. J .—(500) 468 J OURNAL OF THE SENATE, words “ three thousand” and insert in lieu thereof the words, “fifteen hundred.” AYMr. H moved as a substitute for the Committee’s amendment to strike out all the subdivision beginning with the word “that,” on line 315 of the printed Bill, and ending with the word “thereunder,” at the end of line 321. The m otion of the Senator from Kershaw was adopted. On m otion of Mr. MAYFIELD, Line 1 10, insert after word “Stenographers,” the words “at regu— lar terms of Court.” On m otion of Mr. SHEPPARD, the Bill was amended, Page, 5 line 96 of the printed Bill, by striking out “two” and inserting “one.” Mr. A LDRICH moved to reconsider the vote whereby the amend ment proposed by the Committee was adopted in reference to the Citadel appropriation. The motion was adopted. After d ebate by Mr. ALDRICH, the amendment was indefinitely postponed. Mr. A LDRICH proposed the following amendment: By a dding the following as Section 10: Section 1 0. The State Treasurer is authorized to pay on properly drawn warrants, duly signed by the Chairman and Secretary of the Commisison, the unexpended balance remaining in the Treasury from the amount appropriated in aid of the South Carolina Interstate and West Indian Exposition, as well as the amount of $2,500 heretofore appropriated in aid of preparing an exhibit at St. Louis. And, fur ther, the sum of twenty—five thousand (25,000) dollars is hereby ap propriated to carry out the provisions of this Act, if that much be found necessary. Amend f urther, by changing the numbers of the succeeding Sec tions to correspond. After d ebate by Mr. ALDRICH, Mr. M OWER moved to lay the amendment on the table. The q uestion was taken on agreeing to the motion of the Senator from Newberry, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Butler, Carpenter, Davis, Dean, Dennis, Forrest, Gaines, Goodwin, Hardin, Hay, Hood, Hough, Hydrick, Manning, McCall, McIver, Mower, G. W. Rags dale, ]. W. Ragsdale, Raysor, Sheppard, Talbird, Walker, Warren, Williams—28. WEDNESDAY, F EBRUARY 18. 1903. 469 N a ys—Messrs. Aldrich, Herndon, Mayfield, Stanland, von Kolnitz: —0. So t he motion was adopted. The B ill was further amended. On m otion of Mr. MOWER: Amend l ine 2‘77, after the word “Department,” insert “and of seventy-four 75-100 dollars on Senate contingent fund account.” Line 2 79, after word “Committee” insert the words “composed of S. G. Mayfield, W. N. Graydon, J. T. Hay, T. W. Bacot, A. L. Gas ton and G. W. Croft.” On m otion of Mr. ALDRICH: Amend S ub-division 25, of Sec. 8, page 12, printed Bill, by insert ing after the word “electrician,” the words, “to be appointed by the Governor." On m otion of Mr. MOWER, Page 1 3, amend at end of Section 9 by adding the words “as here inafter provided.” On m otion of Mr. GAINES, Amend S ec. 7, line 249, between words "limbs" and “to,” insert the words, “or the equivalent in cash at their option.” The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments?” it was decided in the affirmative. The S enate proceeded to the consideration of

UNFINISHED B USINESS.

H.. R 170.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additionad distr1ct for Chester County, and to ﬁx the compensation of the Magistrate thereof, and of his Constable. The f ollowing amendments were proposed, considered and adopted, to wit: By M r. DENNIS: Strike o ue all after the line 36, page 7, through the line 13, page 4, of the printed Bill, and insert the following: “Berkeley—There s hall be fourteen Magistrates in Berkeley County, WhO shall be bona fide residents of the said County, and Shall be distributed as follows: One near Holly Hill; one in the neighborhood of Hilton's Cross Road; one in the neighborhood of Cam’s Cross Road : one in the neighborhood of Ten Mile Hill ; one in 9r near the town of Eutawville; one in the neighborhood of Calamus 470 J OURNAL OF THE SENATE,

_Pond ; o ne in the neighborhood of the Court House; one near Oakley Depot ; one in or near the town of St. Stephen’s ; one in the neighbor— hood of Blake Post Ofiice; one near Wren’s Post Ofiice; one near Honey Hill; one in the vicinity of Cain Hoy; and the other in the neighborhood of Huger's Bridge. The said Magistrates shall each receive an annual salary of one hundred dollars in lieu of all costs or fees in criminal matters, and they shall each have the power to appoint one regular Constable, who shall receive the same compensa— tion as the Magistrate." Amendment p roposed by Senator BROWN: On p age 9, printed Bill, between Sections designated Colleton County and Dorchester County, insert the following: “Darlington C ounty—There shall be appointed in Darlington Countyfive Magistrates, as follows: Two at Darlington Court House, to be known as Magistrate No. 1 and Magistrate No. 2, and one each at the following places: Lamar, Hartsville and Society Hill. Said Magistrates shall have jurisdiction throughout the County. and re— ceive compensation as now provided by law. Each Magistrate may appoint one Constable, who shall receive an annual salary as follows : If the two Magistrates at Darlington Court House can agree upon the appointment of the same Constable, such Constable shall receive a salary of five hundred dollars; if they cannot so agree, then the Constable appointed by Magistrate No. 1 shall be paid a salary of three hundred and fifty dollars, and the Constable appointed by Magistrate No. 2 shall be paid a salary ofione hundred and fifty dollars; theQConstables appointed by the other Magistrates shall have

salaries as follows: At Lamar, three hundred dollars; at Hartsville, two hundred and fifty dollars, and at Society Hill, one hundred and twenty—five dollars; which annual salaries shall be in lieu of all costs in criminal cases: Provided, That each Constable shall receive five cents per mile each way for conveying prisoners to prison or chain gang, in addition to the actual expenses incurred in such transporta tion: And Provided, further, That the nearest of said Magistrates shall hold inquests when necessary, and receive the sum of two dollars and fifty centsfor viewing a dead body and granting a burial permit. and five dollars for holding an inquest.” By M r. WARREN: Hampton—Between t he words “twenty” and “dollars” insert “five.” At e nd of Section, insert, “In lieu of all cost in criminal cases.” The q uestion being put, “Shall this Bill pass and be returned to the WEDNESDAY, F EBRUARY 18, 1903. 471 Housef o Representatives, with amendments P” it was decided in the affirmative. “five.” H.. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January lst, 1903. (Favorable) The f ollowing amendments were proposed, considered and adopted. to wit: By M r. JOHNSON: Stike o ut lines 9 and 10 and insert the folowing: “Aiken—For the County of Aiken, for ordinary County purposes and past indebt edness, including the cost of erection and furnishing a fire-proof building, three (3) mills, to be expended as follows: One—sixth of one mill to pay the indebtedness incurred for erecting and furnishing a fire-proof building for the County; for the Auditor, four hundred dollars; for the County Commissioners and Clerks’ salaries, thirteen hundred and fifty dollars; for County Treasurer’s commission, four hundred dollars; for County Board of Equalization, two hundred and twenty dollars; for jury, witnesses and Constables’ tickets, forty-five hundred dollars; for the Clerk of Court, five hundred dollars; for Sheriff's salary, three thousand dollars; for Magistrates and Con stables, three thousand dollars; for Coroner, three hundred dollars; for the poor house and poor, twenty-one hundred dollars; for repair on roads and bridges, four thousand dollars; for repairs on public buildings, four hundred dollars; for contingent expenses, ,six hun dred dollars; for books, stationery and printing, four hundred dol lars; for Jury Commissioners and insurance, one hundred dollars; for physician and attorney’s fees, four hundred dollars; for the County Superintendent of Education, six hundred dollars; For Court House and grounds, three hundred dollars; for interest borrowed money, one thousand dollars, if so much be necessary; for public offices, five hundred dollars. The County Commisisoners are hereby authorized and required to pay to John \V. Dunbar, Clerk of Court, the sum of four hundred dollars out of the general fund; and if there should be then left a balance of said fund, it be paid out to the past indebted ness of said County; and if there should still be a balance, it be car ried forward to the credit of the County in the general fund. lly M r. ALDRICH: Page, 3 line 47, strike out the word “room” and insert in lieu thereof the word “building.” By M r. TALBIRD: By a dding at the end of line 50 the following: “That fifty dol lars be allowed the County Superintendent of Education for traveling 472 J OURNAL OF THE SENATE, expenses, a nd twenty-five dollars for expense of Township Board of Healt .” By M r. DAVIS: On l ine 170, printed Bill, strike out “300” and insert "800." On l ine 176. after the word “St. Paul,” strike out “200" and insert “250.” By M r. G. W'. RAGSDALE: Strike o ut on lines 237' and 238 the words “for County Treasurer’s Commissions in County and school funds only,” and insert in lieu thereof the words “for County Treasurer's salary.” By M r. HYDRICK: By a dding at the end of line 383, page 15, of the printed Bill, at the end of the sub-division: “Spartanburg,” the following: “That the County Treasurer of said County be, and he is hereby, authorized to transfer the surplus funds, if any, arising from the foregoing levy for interest on railroad bonds to the account for ordinary County purposes; and the County Board of Commissioners of said County be, and are hereby, authorized to draw warrants on the Treasurer of said County to pay the interest due and to become due during the present fiscal year on the bonds issued to pay the past indebtedness of said County, and the Treasurer of said County is hereby authorized to pay such warrants out of any funds in his hands applicable to or dinary County purposes. That, in anticipation of the collection 0f the taxes hereinbefore levied for the said several purposes, the County Treasurer of said County be, and is hereby, authorized to lend to the County Board of Commissioners of said County for any one or more of said purposes, any funds in his hands to the credit of the Sinking Fund, upon the execution by said Board of a note or obli gation therefor, pledging the taxes hereinbefore levied for such pur poses, respectively, for the payment of such loan, with interest thereon, and such loan shall be a prior and preferred lien upon the funds arising from the levy or levies so pledged until paid. The amount loaned for any purpose shall not exceed eighty-five per cent. of the levy for such purpose, as appears from the Auditor’s dupli cate, and the said Treasurer shall see that all such loans are paid out of the funds so pledged. That the Treasurer of said County be, and he is hereby, required to set apart one-half of the County’s share of the profits arising from the Dispensaries in said County to be appor tioned by the County Board of Education amongst those schools in said County which are financially weak, and in proportion to their needs, so as to enable the Trustees of said schools to keep them open for so long a term as such funds, together with the other available WEDNESDAY, F EBRUARY 18, 1903. 473 funds, w ill allow. The said Board shall certify the apportionments made by it to the Treasurer, who shall pay out such funds according to such apportionments as other school funds. On m otion of Mr. MOWER, the Bill was ordered printed as amended for further consideration. H. I ii—Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved the 26th day of February, 1902. (Without recommendation.) The B ill was again read. The p ending question being the amendment proposed by the Sena tor from Oconee, and printed in the Journal of the 13th. Mr. H YDRICK moved to indefinitely postpone the amendment. After d ebate by Messrs. HYDRICK, HERNDON and MOWER, AYMr. H moved to strike out the enacting words of the Bill. The m otion was lost. The m otion to indefinitely postpone the amendment was also lost. The a mendment was then adopted. On m otion of Mr. HERNDON, the Bill was further amended: Section 2 , by striking out all on line 5, after words “so liable,” down to word “which,” line 6, and insert “by the first day of March of each year.” Amend S ection 2 by striking out all after word “Counties,” in line 9, down to word “Provided,” line 11. Strike o ut word “further,” line 11. Insert w ord “further” after word “Provided,” line 13. The B ill was passed. Ordered p laced on the Calendar for a third reading.

SECOND R EADING BILLS.

H.. R 416.——Mr. Laney: A Bill to amend Section 2159, Volume I., of the Code of Laws of this State, by adding a proviso to said Section in relation to railroads. (\Nithout reference.) The B ill was read and, on motion of Mr. HOUGH, was amended as follows: By i nserting between the word “said” and the word “train,” on line 21, the word “passenger ;” also, add the letter “s” to the word train, on line 21. On m otion of Mr. VON KOLNITZ, the Bill was also amended: Addt a .end: “Provided, the provisions hereof shall not apply to electric railroads.” 474 J OURNAL OF THE SENATE.

On m otion of Mr. HOOD, the Bill was further amended: ,Page 1 line 10 (printed Bill), by striking out “2152” and inserting “2162.” The B ill was passed and ordered placed on the Calendar for a third reading. Mr. R AYSOR moved that when the Seiate adjourn, it be ad— journed to meet at 11 o’clock A. M. to-morrow. The m otion was adopted. On m otion of Mr. MOWER, at 7.40 o'clock P. M., the Senate ad journed.

Thursday, F ebruary 19, 1903.

The S enate assembled at II A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. MAYFIELD, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &c.

The P RESIDENT presented S. 4 77.—Claim of W. C. McMillan for combs, brushes, &c., fur nished John T. Gaston, former Sergeant-at-Arms of the Senate, $1.90. Referred t o the Committee on Contingent Accounts.

FREPORTS O COMMITTEES.

Mr. G AINES, from the Committee on Roads. Bridges and Fer ries, submitted a favorable report, with amendments, on THURSDAY, F EBRUARY 19. 1903. 475

.H. R 431.——Mr. Davis: A Bill to amend Section 1'76 of the Crim inal Code, Vol. lI., Code of Laws, 1902, relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. Ordered f or consideration to-morrow. Mr. H YDRICK, from the Committee on Education, submitted a report, without recommendation, on . .H. R 437.—-Mr. Morgan: A Bill to repeal an Act entitled “An Act to create a new school district, to be known as Greer’s Graded School District, lying in Greenville and Spartanburg Counties,” ap proved December 24th, 1887, and an Act amendatory thereto, ap proved the 20th day of December, 1888. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a favorable report on H.. R 441.—Mr. Brown (by request) : A Joint Resolution to pro vide for repayment of excess commutation tax to certain persons in Oconee County. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a report, recommending that the Bill be continued until the next ses sion, on .H. R 442.—-Mr. Morgan: A Joint Resolution proposing to amend Section 7, Article VIII., of the Constitution, relating to municipal bonded indebtedness. ' Upon i mmediate consideration the report was adopted. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on H.. R 443.—-Mr. Richards: A Joint Resolution providing for the payment to W. R. Hough, Treasurer of Kershaw County, seventy five dollars by the State, and one hundred and twenty-five dollars by said County Commissioners, due for taxes collected in 1898. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted an un favorable report on H.. R 446.—Mr. McCain: A Bill to fix the amount of compensa tion of Magistrates and their Constables in York County. Upon i mmediate consideration the unfavorable report was adopted and the Bill rejected. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report, with amendments, on 476 J OURNAL OF THE SENATE. .H. R 447.-—Mr. Youmans: A Joint Resolution to require the State and County of Hampton to refund to J. C. Langford certain funds paid said State and County by said J. C. Langford (Treasurer of Hampton County), and to provide the manner of payment thereof. Ordered f or consideration to-morrow. Mr. M OWER, from the Committee on Finance, submitted a fa vorable report on .H. R 470.—Mr. Coggeshall: A Joint Resolution, with a memo rial, to refund to Mrs. S. J. Nettles and Miss E. S. McCall, of Dar lington County, certain taxes. Ordered f or consideration to-morrow. Mr. B ROWN, from the Committee on Education, submitted a favorable report on .H. R 472.—Mr. Mauldin: A Bill to add another Section to Arti cle II., under the title the State Geologist, Civil Code of South Caro lina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of mineral of this State for Clemson Agricultural and Mechanical College. Ordered f or consideration to-morrow. Mr. M ANNING, from the Committee on Claims and Grievances, submitted favorable reports on the following Claims, which were immediately considered and adopted, that the Claim be paid, to wit: H.. R 456.—Claim of E. D. Burton against the State of South Carolina, $200. H.. R 460.—Claim of H. Massey against the State of South Caro lina, $600. H.. R 364.—Claim of State Board of Canvassers, $261.40. H.. R 3'79.——Claim of Mrs. Hall for refund of taxes, $12375. Mr. S HARPE, from the Committee on Contingent Accounts, sub mitted a favorable report on S. 4 77.—Claim of W. C. McMillan for combs, brushes, &c., fur nished John T. Gaston, former Sergeant—at-Arms 0f the Senate, $1.90. - Upon i mmediate consideration the report was adopted, that the Claim be paid.

REPORTF O COMMITTEE OF CONFERENCE.

The C ommittee of Conference, to whom was referred a Bill to amend Sec. 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and THURSDAY, F EBRUARY 19, 1903. 477 the t own of Wagener, to erect a school house on a lot owned by said district and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary proﬁts to go to the school funds and to provide contingent fees, re spectfully report that they have duly and carefully considered the same, cannot agree, and ask for a free conference. 0.. P GOODWIN, C.. H CARPENTER, Committee o n part of Senate. JOHN. P THOMAS, JR., G. R. WEBB, J.. W HILL, Committee o n part of House. On i mmediate consideration, the report was adopted. Whereupon t he PRESIDENT appointed Messrs. Johnson, Good win and J. W. Ragsdale a Committee of Free Conference on the part of the Senate. Ordered t hat a Message be sent to the House of Representatives accordingly.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The H ouse sent the Senate the following: S. 7 1.—Mr. Johnson: Claim of Aiken Recorder, advertising spe cial election, $7.71. S. 7 2.—Mr. Johnson: Claim of Aiken Times, advertising special election, $7.71. Returned w ith concurrence. Received a s information. S. 1 94.—Mr. Hood: A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof. Returned w ith amendments. On m otion of Mr. MAYFIELD, the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title he changed to an Act and the Act enrolled for ratiﬁcation. S. 4 62.—Mr. Marshall: A Concurrent Resolution appointing a Committee from members of the House and Senate to investigate and rtport on certain repairs on the State House. 478 J OURNAL OF THE SENATE.

Returned w ith concurrence. Whereupon t he PRESIDENT appointed Messrs. Marshall and von Kolnitz of the Committee on the part of the Senate. And a M essage was sent to the House of Representatives accord— ingly. H.. R 473.—Agricultura1 Committee: A Bill to amend Section 1519 or the Civil Code, 1902, exempting certain other portions of Kershaw County from the operation of the general stock law. Read t he first time and placed on the Calendar without reference. H.. R 47I.—Ways and Means Committee: A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain Counties, and for other purposes. Read t he first time and placed on the Calendar without reference. H.. R 475.—Mr. Bass: A Bill to amend Section 563 of the Crim inal Code of 1902, so as to further regulate the location and estab lishment of Dispensaries. Read t he first time and placed on the Calendar without reference. H.. R 476.—Mr. W. ]. johnson: A Concurrent Resolution fixing Saturday, February 2lst inst., as the day to adjourn sine die. Ordered f or consideration to—morrow. S. 4 67.—Mr. McCall: A Concurrent Resolution requesting the Representatives in Congress to urge an appropriation for straighten ing of the Pee Dee River. Returned w ith concurrence. Received a s information.

MESSAGE N o. 33.

In t he House of Representatives, Columbia, S. C., 18 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has tabled H. 654—S. 425.—Mr. Sharpe: A Concurrent Resolution for the introduction of a Bill to authorize the Lexington and Columbia Rail— ~way Company to construct its tracks through certain Counties. Very respectfully, ' M. L. SMITH, Speaker of the House.

Received a s information. THURSDAY, F EBRUARY 19, 1903. 479

MESSAGE N o. 34.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has indeﬁnitely postponed a Bill S. 120 (H. 315).—Mr. Mower: To authorize County Treasurers to pay the exchange, express or other charges for forwarding moneys t0 the State Treasurer. Very respectfully, ' M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N o. 35.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has indeﬁnitely postponed S. 143 (H. 354).—Mr. Hydrick: .A Joint Resolution to extend the time for collecting taxes for the ﬁscal year 1902 without penalty. Very respectfully, M. L. SMITH. Speaker of the House. Received as information.

MESSAGE N 0. 36.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has indeﬁnitely postponed ’ A Bill (S. 155, H. 493.—Mr. Talbird): To amend Section 7 of the Code of Laws of South Carolina, 1902, Volume 1, Civil Code, as to condemnation of lands for public uses of the United States. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information. 480 J OURNAL OF THE SENATE,

MESSAGE N 0. 37.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has continued A J oint Resolution (S. 29, H. 273.—Mr. Warren) : Proposing to amend S ection 9 of Article III., of the State Constitution, so as to provide for biennial sessions of the General Assembly. Very r espectfully, M. L. SMITH, Speakerf o the House.

Received a s information.

MESSAGE N 0. 38.

In t he House of Representatives, Columbia, S. C., 18 February, 1903. Mr. P resident and Gentlemen of the Senate: The House respectfully informs your honorable body that it has stricken o ut the enacting words of H. 522, S. 135.—-A Bill to regulate the itinerant traffic in horses, ando t prevent the spread of disease. Very r espectfully, M. L. SMITH, fSpeaker o the House.

Received a s information.

MESSAGE N 0. 39.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. P resident and Gentlemen of the Senate: The House respectfully informs your honorable body that it has continued THURSDAY, F EBRUARY 19, 1903. 481 A B ill (S. 21, H. 465.—Mr. Goodwin) : To create the oﬁice of Oil Inspector, prescribe the amount of his salary; to establish the fees for Inspector of Oils, and to provide for the disposition of such fees. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N o. 40.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has stricken out the enacting words of A Bill (S. 34, H. 289.—Mr. Marshall) : To amend an Act entitled “An Act to amend Section 1 of an Act to provide for the incorpora tion of towns of not less than one thousand nor more than ﬁve thou sand inhabitants, approved 5 March, 1896,” which was approved 25 February, 1902, and Section 1958, the Civil Code of 1902, Volume 1, relating to towns of less than ﬁve thousand and more than one thousand inhabitants. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N 0. 41.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has continued Mr. Johnson: A Bill to provide against strikes, lockouts and simi lar troubles. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information. 482 J OURNAL OF THE SENATE,

MESSAGE N o. 42.

In t he House of Representatives, Columbia, S. C., 18 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has struck out the enacting words of H. 464, S. 2.—Mr. Gaines: A Bill to regulate the trafﬁc in seed cotton and unpacked lint cotton. Very respectfully, M. L. SMITH, Speaker of the House. Received as information. The S ergeant-at—Arms announced .

MESSAGE F ROM THE GOVERNOR.

Message N o. 6 from his Excellency Governor D. C. Heyward was presented to the Senate by J. E. Norment, Private Secretary. The Message was laid over for consideration in Executive Session.

RECONSIDERATION.

Mr. M OWER moved to reconsider the vote whereby H.. R 390.—To make appropriations to meet the ordinary expenses of the State government for the ﬁscal year commencing January the ﬁrst, 1903, Passed i ts third reading and was ordered returned to the House of Representatives, with amendments. Which w as agreed to. The B ill was read. On m otion of Mr. MOWER, the following amendment was adopted: By a dding the following: “Five hundred dollars to pay the neces sary contingent expenses connected with the litigation in suits against companies charged with violation of the anti-trust laws of the State, to be expended for said purpose by the Attorney General, who shall report an itemized statement of such expenses in his report on said cases.” ' The S enate, on motion of Mr. MOWER, proceeded to the consid eration of THURSDAY, F EBRUARY 19, 1903. 483

UNFINISHED B USINESS.

H.. R 405.—A Bill to raise supplies and make appropriations for the fiscal year commencing January lst, 1903. The f ollowing amendments were proposed, considered and adopted. to wit: By M r. MOWER: . Amend s ub-division relating to Newberry, by striking out all of aid sub-division after the word “mills,” in line 338, printed Bill, down to and including the word “County,” in line 342, printed Bill, and in lieu thereof insert the following: “Three hundred dollars of the money realized from this levy, if so much be necessary, shall be expended under the direction and supervision of a Commission com posed of Frank L. Bynum, I. H. Hunt and Robert H. Welch, for reindexing the records of real estate conveyances and records of real estate mortgages in the office of Clerk of Court from the year 1842 down. In such reindexing all agricultural liens and satisfied mort gages shall be omitted. Said Commission shall make all contracts in relation to such reindexing and prescribe all rules therefor. The County Board of Commissioners shall pay all claims approved by said Commission within said appropriation.” By M r. DAVIS: ' Amend B ill 405, on line 176, at the end of the word “St Paul,” strike out “200” and insert “250.” On l ine 183, after the word “term,’ I strike o ut “100” and insert 1‘75-,, By M r. PEURIFOY: By a dding after the word "mill," on line 196, relating to Colleton County, the following: “Any amount remaining in hands of Trea surer after paying interest on borrowed money shall be applied to ordinary‘County purposes. That the County Board of Commis sioners are authorized and empowered to borrow, if necessary in their judgment, an amount of money sufficient to pay the interest for the present year on the County railroad bonds, and to pledge the tax accruing from the levy of one—fourth of one mill for such pur poses for the repayment thereof, together with interest thereon, in terest not to exceed the rate of six per centum per annum. “That t he County Board of Commissioners are likewise authorized and empowered to expend for the rebuilding of Wallace Bridge, out of funds at their disposal, a sum not to exceed $500.00; this sum to ben i addition to the sum which the County Commissioners may ex 32-s. J.——(500) 484 J OURNAL OF THE SENATE, pend f or the repair of highways and causeways, and the repair and building of bridges for the year 1903. In no case shall the said County Board of Commissioners expend any money for the repair or rebuilding of any bridge or causeway outside the limits of the County.” By M r. DEAN: Strike o ut. the word “appointment.” in line 2'72, page 11, and insert “apportionment.” The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments?” it was decided in the affirmative.

SPECIAL O RDERS.

The S enate proceeded to the consideration of .H. R 116.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve sentences on public works of the County. The p ending question being the motion to strike out the enacting clause of the Bill. After f urther debate by Messrs. GAINES, MARSHALL, BROWN, BLAKE, HYDRICK, HERNDON and HAY, The q uestion was taken on agreeing to the motion of the Senator from Kershaw, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. H ay, Herndon, Hough, Manning, Marshall, Mc Iver, McLeod, Peurifoy, Sharpe, Sheppard, Stanland, Talbird, von Kolnitz, Walker, Warren—15. Nays—Messrs. A ldrich, Blake, Brice, Brown, Butler, Davis, Dean, Dennis, Douglass, Gaines, Goodwin, Hardin, Hood, Hydrick, Johnson, Mayﬁeld, McCall, McDermott, G. W. Ragsdale, J. W. Ragsdale, Stackhouse, Williams—22. So t he motion was lost.

PAIRS A NNOUNCED.

mI a paired with Senator Mower. If he were present he would have voted No; I would have voted Aye. T. M. RAYSOR. On m otion of Mr. BRICE, the Bill was amended by inserting after the word year, on line 10 of the printed Bill, the words “except those convicted of assault with intent to ravish.” THURSDAY, F EBRUARY 19, 1903. 485

The q uestion being put, “Shall this Bill pass and be engrossed for a third reading ?” it was decided in the affirmative. .H. R 203.—Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in- the Bill for carriage of all freights, goods, wares and merchandise, and to pro vide penalties for the violation thereof. The B ill was read the third time. The q uestion being put. “Shall this Bill pass and be engrossed for a third reading?" it was decided in the affirmative. .H. R 133.—-Mr. Glover: A Bill to abolish the office of Phosphate Inspector and to devolve the duties heretofore imposed on him on the State Geologist. The B ill was read, and, on motion of Mr. MANNING, was amended By s triking out “State Geologist” and inserting in lieu thereof the words “Board of Phosphate Commissioners” in the title. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the affirmative. ' H. 1 47.—Mr. Morgan: A Bill to amend Sections 6 and '7 of an act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved the 26th day of February, 1902. The B ill was read. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments ?” it was decided in the affirmative.

GENERAL O RDERS.

THIRD R EADING BILLS.

H.. R 416.—Mr. Laney: A Bill to amend Section 2159, Volume I., of the Code of Laws of this State, by adding a proviso to said Section in relation to railroads. ' - The B ill was read. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments ?” it was decided in the afﬁrmative. 486 J OURNAL OF THE SENATE,

SECOND R EADING BILLS.

H.. R 320.—Mr. DeBruhl: A Bill to amend Section 2167 of the Civil Code (Volume I., Code of Laws, 1902), so as to include baby carriages in its provisions. (Unfavorable.) On m otion of Mr. MARSHALL, the Bill was continued until the next session of the General Assembly. H.. R 398.——Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. (Without recom mendation.) The B ill was read, and, on motion of Mr. HYDRICK, was amended as follows: By s triking- out, on lines 3, 4 and 5, of Section 1, the following: “by striking out the words ‘Spartanburg, twelve hundred and fifty dollars,’ and inserting in lieu thereof the words ‘Spartanburg, eigh teen hundred dollars,’ ” and on line 26 of same Section, strike out the words “eighteen hundred” and insert “twelve hundred and fifty.” Ordered p laced on the Calendar for a third reading. H.. R l21.—Mr. Richardson: A Bill to require owner and tenant to fence in or fill up abandoned wells. (Unfavorable.) On m otion of Mr. DEAN, the Bill was continued until the next session of the General Assembly. H. 4 23.—Mr. Magill: A Bill to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trusts. (Favorable, with amendments.) The B ill was read, and, on motion of Mr. MAYFIELD, the amend ments proposed by the Committee was adopted, to wit: Section 1 , line 5, after “company” and before “so,” insert “or man ufacturing company.” Section 1 , line 8, after “company” and before “manufacturing,” strike out “and” and insert “or.” . Ordered p laced on the Calendar for a third reading. H.. R 426.—Mr. Sarratt: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County of ficers of the various Counties in this State,” approved 27th day of February, 1902, by increasing the salary of the County Treasurer of Cherokee County. (Without reference.) The B ill was read, and, on motion of Mr. BUTLER, was amended as follows: Amend t itle by adding the letter s to the word Treasurer, on last THURSDAY, F EBRUARY 19, 1903. 487

line; a nd further amend by striking out the last two words of the title, and insert the following: “the Counties of Cherokee and Union.” ' Also, a mend Sec. 1 by striking out the ivords “County of Chero kee," on line 5, and insert in lieu thereof the following: “the Counties of Cherokee and Union." Add t he letter s to the word Treasurer, on line 6 of Sec. 1. Strike o ut all after the word “dollars,” on line 6, Sec. 1, down to and including "hundred."- on line 7, and insert the following in lieu thereof: “of which six hundred and sixty-six dollars shall be paid by the State and three hundred and thirty-four.” _ Amend S ec. 3, line 14, by striking out all after the word “the,” on said line. down to and including the word “County,” on line 16, and insert in lieu thereof the following: “Counties of Cherokee and Union, where the compensation to be paid to said Treasurers shall be one thousand dollars, of which six hundred and sixty-six dollars shall be paid by the State and three hundred and thirty-four by the County.” Ordered p laced on the Calendar for a third reading, with notice of amendments. .H. R 427.-—-Mr. Bass: A Bill to authorize the Trustees of Kings tree School District, of VVilliamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur chasing a lot or lots. (Without reference.) The B ill was read, and, on motion of Mr. WILLIAMS, was amended as follows: Strike o ut all after the enacting words and insert the following: Section 1 . That the Trustees of Kingstree School District, of Wil— liamsburg County, are hereby authorized and empowered to issue and sell coupon bonds of said school district in an amount not ex ceeding seven thousand dollars ($7,000), as they may deem neces sary for the purpose of purchasing a lot or lots and erecting and equipping one or more school buildings in said district as said Trus tees shall deem advisable: Provided, That the question of issuing the bonds authorized in this Section shall first be submitted to the qualified voters of said school district, at an election to be held to determine whether said bonds shall be issued or not, as hereinafter provided. .Sec. 2 That for the purpose of determining the issue of bonds authorized in Section 1 of this Act, the said Trustees shall order an election to be held at Kingstree, in the said school district, on the question of whether the said bonds shall be issued or not, in which 488 J OURNAL OF THE SENATE, election o nly the qualified voters, residing in said district, shall be allowed to vote; and said Trustees shall give notice of said election 'for three weeks in the County papers published in the town of Kingstree; shall designate the time and place and appoint the mana gers of such election, and receive the returns of the managers and declare the result. .Sec. 3 The said Trustees shall have printed for the use of the voters in said election two sets of ballots, which shall be placed, an equal number of each, at the polling place, on one set of which be printed the words. “For the issuing of bonds,” and on the other set shall be printed the words, “Against the issuing of bonds.” If a majority of the votes cast at said election shall be for the issuing of the coupon bonds provided for in Section 1 hereof, the said Trustees may issue said bonds, or such amount, not exceeding seven thousand dollars ($7,000), as they may deem requisite for the purposes set forth in Section 1 of this Act, payable to bearer, to run for a period not exceeding twenty years from date of issue, bearing interest not exceeding seven (7) per centum per annum, payable annually. Any bonds executed and not used shall be cancelled. Sec.. 4 That it shall be the duty of the County officers of Williams burg County, charged with the assessment and collection of taxes, by direction of the Trustees of said Kingstree District, to levy such a tax annually upon all property, real and personal, within the limit of said district, and collect the same, as taxes for State, County and school purposes are now levied and collected, as will raise a sum sufficient to pay the interest on all bonds issued under and in pursu ance of this Act, and to raise a sufficient sum to redeem the said bonds at maturity. The fund so collected to be applied by the said Trustees and the Treasurer of Williamsburg County solely to the payment of interest on said bonds, and for the payment of the prin cipal thereof: Provided, That any annual surplus or balance may be used as hereinafter provided. Sec.. 5 That all bonds issued under and in pursuance of this Act shall be signed by the Trustees of said school district: Provided, That the signatures of said Trustees may be lithographed or en graved upon the coupons attached to said bonds; and such litho graphed or engraved signatures shall be a sufficient signing thereof. Sec.. 6 That any balance or surplus arising from the tax collected from property in said school district remaining of the funds arising from the said annual tax levied shall be set aside as a sinking fund for the liquidation of the said bonds at maturity, or for the paymenf THURSDAY, F EBRUARY 19, 1903. 489 of a ny part of said bonds that the owners thereof may be willing to surrender. .Sec. 7 That to further secure the payment of the said bonds, the aforesaid Trustees of Kingstree School District are hereby author ized and empowered to make and execute a mortgage upon the lot or lots and the school building situated thereon to the owners of the aforesaid bonds. Ordered p laced on the Calendar for a third reading. H.. R 428.—Mr. McMaster (by request) : A Bill to amend Section 3095 of Vol. I., of the Code of Laws of 1902, designating the holi days in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. (With out reference.) The B ill was read and ordered placed on the Calendar for a third reading, with notice of amendments. .H. R 433.——Mr. DeVore: A Bill to establish an additional voting place at “Roper’s,” in Edgefield County. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. H.. R 434.——Mr. Brown: A Bill to provide for the payment of a salary to the Chaplain of the Penitentiary for services rendered as Chaplain of the Reformatory. (Favorable, with amendments.) The B ill was read, and, on motion of Mr. HAY, the amendments proposed by the Committee were adopted, to wit: By s triking out, on the 7th line of the Bill, the word “three,” and inserting in lieu thereof the words “one hundred and fifty,” and that as amended said Bill do pass. Ordered p laced on the Calendar for a third reading. .H. R 436.-—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County of ficers in various Counties of the State, so as to fix the salary of the Coroner in Aiken County. (Favorable) The B ill was read, and, on motion of Mr. BRICE, was amended as follows: After “ York,” on lines 24 and 25, strike out “one hundred and twenty-five” and insert “two hundred.” ' On m otion of Mr. MOWER, On l ine 17, strike out “twenty-five” and insert “fifty.” Ordered p laced on the Calendar for a third reading. .H. R 438.-—Mr. Stackhouse: A Bill to amend the various Statutes 490 J OURNAL OF THE SENATE, and t he law as to school districts embracing the towns of Marion, Mullins, Latta and Dillon, in Marion County. (Favorable) The B ill was read and ordered placed on the Calendar for a third reading. H.. R 439.—Mr. Mace: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax, and so as to provide for purchase of grounds and houses, ‘ for building and equipping houses, and to provide for contingent fee. (Favorable) On m otion of Mr. STACKHOUSE, the Bill was laid upon the ta'ble. , .H. R 440.——Mr. Morgan: A Bill to amend Section 1262, of Vol. 1, of Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of South Carolina College. (Favorable) The B ill was read and ordered placed on the Calendar for a third reading. .H. R 445.—Mr. Stuckey: A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Kershaw Counties for services rendered in compliance with Section 4 of the Act establishing Lee County. (Favorable) The J oint Resolution was read, and, on motion of Mr. MCLEOD, was amended as follows: - Strike o ut all after the words “to wit,” on line 3, and substitute in lieu thereof the following: “To the Treasurers of Sumter, Darling ton and Kershaw Counties, respectively, $200, $75, $50; and to the Auditors of Sumter, Darlingth and Kershaw Counties, respectively, $200, $100, $50, for services rendered by said Treasurers and Audi— tors in carrying out the provisions in Section 14 of the Act establish ing Lee County.”' . Ordered p laced on the Calendar for a third reading. H.. R 450.—Mr. Aull: A Bill adding another proviso to Section 2009 of Civil Code of South Carolina, making the Mayor and two Aldermen of Newberry part of the Commisisoners of Public Works. (Without recommendation.) On m otion of Mr. MOWER, the Bill was continued until the next session of the General Assembly. _. H R. I454.—-Mr. Mims: A Concurrent Resolution to permit the introduction of a Bill to amend an Act entitled “An Act to incorporate THURSDAY, F EBRUARY 19, 1903. 491 the A merican Land and Improvement Company,” approved Decem ber 24th, 1891. The q uestion was taken on agreeing to the Resolution, on which the yeas and nays were taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Butler, Carpenter, Davis, Dean, Dennis, Douglass, Forrest, Gaines, Goodwin, Hardin, Hay, Herndon, Hood, Hough, Hydrick, Manning, Mayfield, McCall, Mc— Iver, McLeod, Mow-er, Peurifoy, G. W. Ragsdale, Raysor, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, \Valker, Warren, Wil hams—35. So t he Resolution was adopted. S. 4 58. Mr. Sharpe: A Bill to validate the election for Intendant and Wardens of the town of Swan-sea, which was held on the 13th day of January, 1903. (Without reference or printing.) The B ill was read and ordered placed on the Calendar for a third reading. H.. R 468.—M,r. Lyles: A Bill to empower towns and cities of five thousand inhabitants and over to subscribe to the maintenance of public libraries. (Without reference.) The B ill was read, and, on motion of Mr. HOOD, was amended as follows: Section 2 , line 4, by striking out the words “one hundred” and in sert in lieu the words “a majority of the.” Ordered p laced on the Calendar for a third reading. H.. R 469.—Mr. McCain: A Bill to require the Treasurer of York County to refund to Bowling Green Knitting Mills certain overpaid taxes. (Without reference.) The B ill was read and ordered placed on the Calendar for a third reading. At 2 .05 o’clock P. M., on motion of Mr. HOUGH, the Senate re ceded from business until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M., and was called to order by the PRESIDENT.

PETITIONS, M EMORIALS, &c. Mr. M OWER presented S. 478.-—Account of J. T. Schumpert, Sergeant-at-Arms of the Senate, $273.07. ' 492 J OURNAL OF THE SENATE,

Referred t o the Committee on Contingent Accounts. Mr. B UTLER presented S. 4 79.—Claim of George Johnson for services rendered as door keeper of the General Committee room for the session of 1903. $80. Referred t o the Committee on Contingent Accounts.

FREPORTS O COMMITTEES.

Mr. M OWER, from the Committee on Finance, submitted a re port, without recommendation, on H.. R 444.—Mr. Mauldin: A Bill to provide for refunding certain bonds in Greenville County. Ordered f or consideration to-morrow. The C ommittee 011 Conference, to whom was referred a Bill to meet the ordinary expenses of the State government for the ﬁscal year commencing January lst, 1903, respectfully report that they have duly and carefully considered the same, and fail to agree, and ask for a Committee on Free Conference. C.. S MCCALL, J. S. BRICE, Committee for Senate. .E. H AULL, 1.0. wmoo, J. BROOKS WINGARD, Committee f or House.

On i mmediate consideration, the report was adopted. Whereupon t he PRESIDENT appointed Messrs, Mower, Man ning and Raysor a Committee of Free Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly. The C ommittee on Free Conference, to whom was referred a Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of Wagener, to eerct a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of dispensary profits to go to the school funds, and to provide THURSDAY, F EBRUARY 19, 1903. , 493 contingent f ees, respectfully report that they have duly and carefully considered the same, and recommend that the House amendment on page 2, line 11, after the word “profits,” be stricken out, and the fol lowing be inserted in lieu thereof: “That the Trustees shall be allowed to charge a tuition fee of twenty-five cents per month for each scholar: Provided, That no child whose parents are unable to pay said tuition fee shall be required to pay the same.” W.. E JOHNSON, J.. W RAGSDALE. O.. P GOODWIN, Senate C ommittee. .G. L TOOLE, T. B. FRASER, EDGAR L. CULLER, House C ommittee.

On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives ac cordingly. The C ommittee of Conference, to whom was referred a Bill to amend Section 4 of an Act, entitled “An Act to fix the amount of compensation to be paid to the County officers of the various Coun ties of this State,” approved 27th February, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars, re spectfully report that they have duly and carefully considered the same, and have failed to agree, and ask for a Committee of Free Con ference. S.. G MAYFIELD, LEGRAND G . WALKER, Committee on part Senate. .W. D KIRBY, D.. O HERBERT, J.. B BLACK, Committee o n part of House.

On i mmediate considered, the report was adopted. Whereupon t he PRESIDENT appointed Messrs. Butler, McIver and Peurifoy a Committee of Free Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly. The C ommittee of Conference, to whom was referred a Bill to 494 J OURNAL OF THE SENATE, namend a Act entitled “An Act to amend Sec. 1 of an Act entitled an Act to regulate the carrying, manufacturing and sale of pistols, and to make a violation of the same a misdemeanor, approved 20th February, 1901,” by striking out certain words and inserting other words in lieu thereof, approved 25th February, 1902, by prohibiting leasing, renting, bartering. exchanging and handling pistols, respect fully report that they have carefully considered the same, and recom— mend that the House agree to the Senate amendment. .T. M RAYSOR, J.. S BRICE, Committee o n part of Senate. H.. L BOMAR, W. T URNER LOGAN, R.. A COOPER, Committee on part of House. On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives ac cordingly.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The House sent the Senate the following:

MESSAGE No. 42.

In t he House of Representatives, Columbia, S. C., 1'7 February, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has appointed on 266 H., 216 S.—Mr. Magill: A Bill to amend Section 3139, of the Civil Code of South Carolina, Vol. 1, 1902, relating to salaries of ofﬁcers in Greenwood County, Messrs. Magill, Rainsford and Kelley on the part of the House. ' Very respectfully, M. L. SMITH, Speaker of the House.

Received a s information. THURSDAY, F EBRUARY 19, 1903. - 495

MESSAGE N 0. 43. In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed Messrs. Toole, Fraser and Culler of the Committee of Free Conference on the part of the House, on H. 5 79 (S. 288.—Mr. Johnson) : A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary proﬁts to go to the school funds, and to provide contingent fees. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information.

' M ESSAGE No. 44. In t he, House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed, on a Concurrent Resolution for the purpose of investi gating what repairs are needed on the State House, and to report, Messrs. Moses, Colcock and Lancaster on the part of the House. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N 0. 45.

In t he House of Representatives, Columbia, S. C., February 19. 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has refused to agree to certain of the Senate amendments on 496 J OURNAL OF THE SENATE, H.. R 390.—Ways and Means Committee: A Bill to make appro— priations to meet the ordinary expenses of the State government for the ﬁscal year commencing January 1st, 1903. Very r espectfully, M. L. SMITH, Speaker of the House. On m otion of Mr. MOWER, the Senate insisted upon its amend ments. Ordered t hat a message be sent to the House of Representatives accordingly, requesting a Committee of Conference. Wheerupon t he PRESIDENT appointed Messrs. Brice and McCall a Committee of Conference on the part of the Senate.

MESSAGE N 0. 46.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed of the Committee of Free Conference on the part of the House, Messrs. Moses, Lide and Kibler, on . H. 4 50—8. 390.—Ways and Means: To make appropriations to meet the ordinary expenses of the State government for the ﬁscal year commencing January 1st, 1903. Very r espectfully. M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N 0. 4'7.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed as the Committee of Free Conference on the part of the House, Messrs. Sarratt, Moss and J. E. Herbert, on H. 2 85—S. 29.—Mr. Butler: A Bill to amend Section 4 of an Act entitled an Act to fix the amount of compensation to be paid to the County officers of the various Counties of this State, approved 27th THURSDAY, F EBRUARY 19, 1903. 497 February, 1 902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. Very respectfully, ' M. L. SMITH, Speaker of the House.

Received a s information.

MESSAGE N 0. 48.

In' t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed of the Committee of ConferenCe on the part of the House, Messrs. T raylor, Rainsford and Cooper, on H.. R 203.—Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in_ the Bill for carriage of all freights, goods, wares and merchandise, and to proe vide penalties for the violation thereof. (Favorable, with amend merits.) Very r espectfully, M. L. SMITH, Speaker of the House.

Receiveds a information.

MESSAGE No. 49.

In t he House of Representatives. Columbia, S. C., February 19, 1903. Mr. P resident and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has adopted the report of the Committee of Free Conference on H. 5 79 (S. 288.-—Mr. Johnson) : A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, 498 J OURNAL OF THE SENATE, ando t change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary proﬁts to go to the school funds, and to provide contingent fees. Very r espectfully, M. L. SMITH, Speakerf o the House. The r eport of the Committee of Free Conference having been adopted by both Houses, it was ordered that the title thereof be changed to an Act and the Act enrolled for ratiﬁcation.

MESSAGE N 0. 50.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed on the Committee of Conference on the part of the House, Messrs. Aull, Wingo and Wingard, on .H. R 390.—To make appropriations to meet the ordinary expenses of the State government for the ﬁscal year commencing January the ﬁrst, 1903. Very r espectfully, M. L. SMITH, Speakerf o the House. Received a s information.

MESSAGE N 0. 51.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it refuses to concur in the Senate amendments on H. 21 (S. 203).-Mr. Johnson: A Bill to require all railroads operating in this State to protect the rates of freight stipulated in the bill for carriage of all freights, goods, wares and merchandise, and to provide penalties for the violation thereof. Very r espectfully, M. L. SMITH, Speakerf o the House. THURSDAY, F EBRUARY 19, 1903. 499 Whereupon t he PRESIDENT appointed Messrs. Johnson and McDermott a Committee of Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

MESSAGE N 0. 52.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has refused to agree to the Senate amendments on H. 50—5. 147.—Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled an Act to further regulate the working and main taining of the highways and bridges of this State, approved the 26th day of February, 1902. Very respectfully, M. L. SMITH, Speaker of the House. Whereupon t he PRESIDENT appointed Messrs. Herndon and Dean a Committee of Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

UNFINISHED B USINESS.

Mr. M OWER called up .H. R 405.—A Bill to raise supplies and make appropriations for the ﬁscal year commencing January lst, 1903. The B ill was read, and, on motion of Mr. MOWER, was amended as follows: Section 5 , line 19, printed Bill, strike out word “apply” and insert word “comply.” At e nd of Section 15, add the words “over and above the amount authorized t o be borrowed to promptly pay pensions.” The question being put. “Shall this Bill pass and be returned to the Housef o Representatives, with amendments P” it was decided in the afﬁrmative. 3 3—s. J.-—(500) 500 J OURNAL OF THE SENATE.

SPECIAL O RDERS.

On m otion of Mr. DEAN, the Senate proceeded to the considera tion of .H. R 270.—\Ir. Kibler: A Bill to provide for a department of insurance. (Favorable with amendments.) Mr. B RICE moved to continue the Bill until the next session of the General Assembly. The m otion was lost. The B ill was read a second time. Mr. B RICE moved to strike out the enacting words of the Bill. After d ebate by Messrs. BRICE, MAYFIELD, BLAKE, J. VV. RAGSDALE, MARSHALL, HOOD and RAYSOR, The q uestion was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: ' Yeas—Messrs. A ldrich, Blake, Brice, Davis, Dennis, Douglass, Forrest,Hay, Hough, Hydrick, Johnson. Marshall, McIver, McLeod, Peurifoy. G. W. Ragsdale, J. W. Ragsdale, Raysor, Stackhouse, Stanland, Talbird, \Nalker, l/Varren—23. Nays-—-Messrs. B rown, Butler, Carpenter, Dean, Gaines, Goodwin, Hardin, Hood, Manning, Mayfield, McCall, Mower, von Kolnitz, Williams—14. So t he motion was adopted. H.. R 271.—Mr. Mauldin (by request): A Bill to provide for the investigation of incendiary fires and for the better prevention of excessive fire insurance rates. ( Favoraable with amendments). On m otion of Mr. J. W. RAGSDALE, the Bill was laid upon the table. On m otion of Mr. MANNING, the Senate proceeded to the con sideration of the veto message of his Excellency the Governor, in reference to writing off certain bonds from the books in the office . of the State Treasurer. The q uestion being put, “Shall this Joint Resolution, to wit: a Joint Resolution to authorize and require the State Treasurer to write off of the books in his office certain bonds entered on' said books as old bonds not fundable (Act of 1896), Blue Railroad Bonds, $37,000, pass. the veto of his Excellency to the contrary notwithstanding P” on which the yeas and nays were, resulting as follows: Yeas—Messrs. B lake, Brice, Butler, Davis, Dean, Dennis, Doug THURSDAY, F EBRUARY 19. 1903. 501 lass, F orrest. Gaines, Hardin, Hay, Herndon, Hough, Hydrick, John son. Mayfield, McDermott, Mower, Peurifoy, G. W. Ragsdale, J. W. Ragsdale, Stackouse, Stanland, Talbird, Williams—25. Nays—Messrs. Aldrich, Brown, Hood, Marshall, McCall, McIver, McLeod, Raysor, von Kolnitz, Walker, W arren—ll. So the motion was

PAIRS A NNOUNCED.

mI a paired with the Senator from Lexington. If he were pres ent. he would vote “Aye” and I would vote “No.” R.. I MANNING. Whereupon t he PRESIDENT declared that the Joint Resolution having received the two-thirds vote of the Senate, as required by the Constitution, would be sent to House of Representatives for consid eration. Mr. M ANNING raised the point, reading the Section of the Con stitution in reference thereto, that the required vote was two-thirds of the Senators not voting, but elect. Whereupon M r. MOWER moved that the decision be reconsid ered, and that further consideration be postponed until to-morrow, at 11.30 o’clock A. M. The m otion of the Senator from Newberry was agreed to.

THIRD R EADING BILLS.

H.. R 98.——.\Ir. \Vingo: A Bill to amend Section 298 of the Crim inal Code of 1902. .Mr. J W. RAGSDALE moved to strike out the enacting words of the Bill. After d ebate by Messrs. J. W. RAGSDALE and BRICE, The q uestion was taken on agreeing to the motion of the Senator from Florence, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Brown, Butler, Dennis, Forrest, Marshall, McCall, Peurifoy, J. W. Ragsdale, Stackhouse, Stanland, Talbird, von Kolnitz, Warren—14. - Nays—Messrs. B lake, Brice, Carpenter, Davis, Dean, Gaines, Har din, Hay, Herndon. Hood, Hough, Hydrick, Manning, Mayﬁeld, McDermott, McLeod, Mower. Raysor, \Villiams—19. So t he motion was lost. 502 J OURNAL OF THE SENATE, PAIRS A NNOUNCED. mI a paired with Senator Sharpe. If he were present, he would vote “ Aye” and I would vote “No.” - G. W. RAGSDALE. The B ill was read. Mr. B RICE proposed the following amendment: Page, 5 strike out the words, “where there is any betting or gam bling.” . Upon w hch the yeas and nays were demanded. .Mr. J W. RAGSDALE raised the point of order, that notice to amend on third reading had not been given. The p oint of order was sustained by the Chair, and the amend ment ruled out of order. On m otion of Mr. BROWN, the Bill was indeﬁnitely postponed.

SECOND R EADING BILLS.

H.. R 298.—Mr. DeBruhl: A Bill to require the Seate Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. (Favorable, with amendment.) The B ill was read, and the amendments proposed by the Commit tee were adopted, to wit: 1. S trike out “on the ﬁrst day of each month,” on lines 3 and 4, and insert in lieu thereof “quarterly.” 2. A fter the word “deposited,” at end of Bill, add “and the respec tive funds to which the same belongs.” Ordered p laced on the Calendar for a third reading. Mr. M AYFIELD moved that when the Senate adjourn, it be ad journed to meet at 10 o’clock A. M. to-morrow. The m otion was adopted. On m otion of Mr. HYDRICK, at 10.35 o’clock P. M., the Senate adjourned. ' FRIDAY, F EBRUARY 20. 1903. 503

. F riday, February 20, 1903.

The S enate assembled at 10 A. M., the hour to which it stood ad journed, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The p roceedings were opened with prayer by the Rev. O. A. Darby, D. D., Chaplain. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. MARSHALL, the further reading of the Journal was dispensed with.

PETITIONS, M EMORIALS, &c. Mr. M ayﬁeld presented S. J ‘83.-—-Claim of James P. McGorty, services rendered as door keeper Committee room, $120.00. Also, S. 4 S3.—Claim of J. A. White, services rendered as doorkeeper of Committee room, $120.00. Upon i mmediate consideration, the claims were approved and ordered paid.

FREPORTS O COMMITTEES.

Mr. M ANNING, from the Committee on Claims and Grievances, submitted favorable reports on H.. R 331.—Claim of E. B. \IVilson, accountant, examining books and accounts of County Treasurers, $325.14. H.. R J(Qt—Claim of W. H. Gibbes, Jr., for services rendered as Auditor for Richland County, $16.13. H.. R 361.-—Claim of Charles A. Calvo, Jr., for binding, &c., Re ports, $900.00. L'pon i mmediate consideration, the reports were adopted that the claims be paid. Ordered t hat the same be returned to the House of Representatives with approval. _ Mr. S HARPE, from the Committee on Contingent Accounts, sub mitted favorable reports on 504 J OURNAL OF THE SENATE, S. 4 78.—Account of J. F. Schumpert, Sergeant-at-Arms of the Senate, $273.07. - S. 4 79.—Claim of George Johnson for services rendered as door keeper of the General Committee room for the session of 1903, $80. Upon i mmediate consideration, the reports were adopted, that the claims be paid. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred H.. R 183.—Mr. McGill: A Bill to provide for an additional Ma- ' gistrate for Greenwood County, and to provide for his salary and that of his Constable. respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omni bus Bill. _ On i mmediate consideration. the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred S. 1 1.—Mr. McCall: A Bill to amend an Act entitled an Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Volume 1, of the Code of Laws of South Caro lina, 1902, respectfully report that they have duly and carefully con sidered the same, and recommend that it be laid on the table, as the subject matter is embraced in the general omnibus Bill. Upon i mmediate consideration, the report was adopted. _ Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred .H. R -'l52.—Mr. Herbert: A Bill to amend Section 1011 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to extend the jurisdic tion of the Magistrate between Cooper River and Ashley River in ~ northern part of Charlecton County, respectfully report that they have duly and carefully considered the same. and recommend that it be laid on the table. as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary. to whom was referred H.. R 307.—Mr. Stackhouse: A Bill to increase the salary of the Magistrate’s Constable at Dillon, in Marion County, respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. FRIDAY. F EBRUARY 20. 1903. 505 Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred ' .H. R 310.-—Mr. Hill: A Bill to amend Section 1017 of the Code of Laws of South Carolina (Vol. 1, Civil Code), relating to Magistrates for Colleton County, by increasing the number therein provided for, respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M A YFIELD, from the Committee on Judiciary, to whom was referred S. 2 76—Mr. Marshall: A Bill to amend Section 1038 of the Civil Code of South Carolina, Vol. 1, as amended by an Act entitled an Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Vol. 1, of Code of Laws of South Carolina, 1902, approved 27 February, 1902, providing for an additional Ma gistrate and Constable at Olympia, respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred .H. R 395.—l\lr. Moss: A Bill to amend Section 1036, of Civil Code of South Carolina, Vol. 1, increasing the number of Magistrates and Constables, changing their jurisdiction and fixing their compen sation, respectfully report that they have duly and carefully consid ered the same, and recommend that it be laid on the table, as the . subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred .H. R 453.——Mr. Thomas: A Bill to fix the number and provide for the compensation of Magistrates in Richland County, respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred S. 1 06.—Mr. Sheppard: A Bill to amend the subdivision headed Edgefield County, of Section 1 (being Section 1020, Civil Code), 506 J OURNAL OF THE SENATE, relating t o the Magistrates of Edgefield County, of an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Vol. 1, of the Code of Laws of South Carolina, 1902, approved the 27th day of February, A. D. 1902, by changing and defining the Fourth Judicial District, in Edgefield County, and fixing the place for office of Magistrate, &c., respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. 1 \'IAYF IELD, from the Committee on Judiciary, to whom was referred .H. R lift—Substitute: A Bill to provide five Magistrates for Bamberg County (instead of four as now provided by law), and to fix their salaries and that of their Constables, respectfully report that they have duly and carefully considered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted. Mr. M AYFIELD, from the Committee on Judiciary, to whom was referred ' H.. R 200.—Mr. Kelly: A Bill to amend an Act entitled “An Act establishing Lee County,” approved the 25th day of February, A. D. 1902, so as to provide for six instead of five Magistrates in Lee County, respectfully report that they have duly and carefully consid ered the same, and recommend that it be laid on the table, as the subject matter thereof is embraced in the general omnibus Bill. On i mmediate consideration, the report was adopted.

The C ommittee on Free Conference, to whom was referred the differences between the two Houses on a Bill to make appropriations to meet the ordinary expenses of the State government for the fiscal year commencing January the first, 1903, respectfully report that they have duly and carefully considered the same and recommend as follows: _ 1. T hat the Senate recede from its amendment reducing the salary of the Governor’s stenographer to four hundred dollars. 2. T hat the appropriation for repairs on the State House be fixed at four hundred dollars. 3. T hat the appropriation for the contingent fund, for printing and surveys of State Geologist. be fixed at fifteen hundred dollars. 4. T hat the appropriation for the purpose of carrying out the pro FRIDAY, F EBRUARY 20, 1903. 507 fvisions o an Act quarantining the State against contagious and infectious diseases be fixed at eight thousand dollars; and that the subdivision relating thereto be amended by adding at the end of the subdivision, “Provided, however, That the Governor be, and he is hereby, authorized, in case of emergencies demanding it, to borrow for the purposes of said Act seven thousand dollars, additional, if so much be necessary.” 5. T hat the Senate amendment on page 31, manuscript Bill, by which the words "to be appointed by the Governor” were inserted between the words “electrician” and “six,” be amended so as to read, “to be appointed by the Governor, and subject to removal by him,” and that both Houses agree to this amendment thus amended. 6. T hat the appropriation for expenses for the office of Comptroller General be amended by inserting the following: “for stamps and printing for the Insurance Department, two hundred dollars.” 7. T hat the subdivision relating to the State Hospital for the Insane be amended by inserting the following: “to furnish water supply for fire protection for the State Hospital for the Insane, fifteen hundred dollars.” 8. T hat the House agree to all other Senate amendments besides those above referred to. .CEO. S MOWER, RICH’D I. lMANNING, THOS. M. RAYSOR, Committee on part of the Senate. ALTAMONT MOSES, ROBERT LIDE, ARTHUR KIBLER. Committee on part of the House. On i mmediate consideration, the report was adopted, and it was ordered that a messge be sent to the House of Representatives accordingly. The C ommittee on Conference, to whom was referred a Bill to amend Section 1014, Civil Code (Vol 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to fix the compensation of the Magistrate thereof and of his Constable, respect— fully report that they have duly and carefully considered the same, and have failed to agree, and ask for a Committee of Free Confer ence. P.. L HARDIN, C. M. DAVIS, Committee on part of the Senate. 508 J OURNAL OF THE SENATE.

HORACE L . BOMAR, J.. A HINTON, R.. G PARNELL, Committee on part of the House

On i mmediate consideration, the report was adopted. \Vhereupon t he PRESIDENT appointed Messrs. \Varren, May ﬁeld and Talbird a Committee of Free Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

The C ommitee on Free Conference, to whom was referred a Bill to amend Section 4 of an Act entitled “An Act to fix the amount of compensation to be paid to the County officers of the various Counties of the State,” approved 27th February, 1902, respectfully report that they have duly and carefully considered the same, and recommend that the Senate concur in the House amendments to the Bill, and that on page two (2), line two (2), after “dollars” and before “Barnwell,” insert “for keeping the jail and dieting prisoners, one hundred and fifty dollars; that the Sheriff shall have the right to make requisition upon the Supervisor for the maintenance of said prisoners confined in the County jail, as provided in an Act entitled “An Act to establish Bamberg County.” .THOS. B BUTLER, JAS. E PEURIFOY, EDWARD M CIVER, Senate Committee. JAS.. E HERBERT, ADAM. H MOSS, W.. J SARRATT, House Committee. .Upon i mmediate consideration, the report was adopted. . Ordered that the title be changed to that of an Act, and the same be enrolled for ratification.

The C ommttee on Free Conference, to whom was referred a Bill to amend Section 1014, Civil Code, Vol. 1, Code of Laws, 1902, so as to provide an additional Judicial District in Chester County, and to fix the compensation of the Magistrate thereof and of his Constable, respectfully report that they have duly and carefully considered the same, and recommend that the House concur in all of the Senate FRIDAY, F EBRUARY 20, 1903. 509 amendments e xcept as to Bamberg, and that as to Bamberg, the words “three hundred" after “Bamberg,” on page 3 of manuscript Bill, be stricken out, and “two hundred and seventy-five” inserted in lieu thereof as the salary of the Magistrate at Bamberg; and further amend after “Bamberg” by striking out “two hundred and fifty” and inserting “two hundred and twenty-five” as the salary of the Con stable at Bamberg; and as to Spartanburg, between “Richland” and “Sumter,” insert "Spartanburg, the Magistrate at Clifton, one hun dred and fifty dollars, and the Magistrate at Campobello, seventy—five dollars, all others as now provided by law ;” and that as thus amended the Bill do pass. THOS. TALBIRD, S. G. MAYFIELD, E. F. WARREN, Committee on part of Senate. JNO. M. WISE, J. W. DEVORE, JAMES R. COGGESHALL, Committee on part of House.

On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives accordingly.

The C ommittee on Conference, to whom was referred a Bill to raise supplies and make appropriations for the ﬁscal year, respectfully report that they have duly and carefully considered the same, and have failed to agree, and ask that a Committee of Free Conference be a ppointed. W. L. MAULDIN, JAMES. R COGGESHALL, H. S. DOWLING, Committee o n the part of the House. W. C. HOUGH, D. E. HYDRICK, Committee o n the part of the Senate. On i mmediate consideration, the report was adopted. Whereupon the PRESIDENT appointed Messrs. Mower, Man— ning and Brice a Committee of Free Conference on the part of the Senate. O rdered that a message be sent to the House of Representatives accordingly. 510 J OURNAL OF THE SENATE,

The C ommittee on Conference, to whom was referred a Bill to amend Sections 6 and 7 of an Act entitled an Act to further regulate the working and maintaining of the highways and bridges of this State, approved the 26th day of September, 1902, respectfully report that they cannot agree, and ask for a Free Conference. G.. W RICHARDSON, \V. M. BROWN, .S. T D. LANCASTER, A. H. DEAN, E.. L HERNDON.

On i mmediate consideration, the reportwas adopted. Whereupon t he PRESIDENT appointed Messrs. Raysor, May ﬁeld and Hardin a Committee of Free Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly.

The C ommittee on Conference, to whom was referred a Bill to require all railroads operating in this State to protect the rates of freight stipulated in the bill for carriage of all freights, goods, wares and merchandise, and to provide penalties for the violation thereof, respectfully report that they have duly and carefully considered the same, and recommend that the House concur in the Senate amend ment. .W. E JOHNSON, J. A. MCDERMOTT, Senate C ommittee. T. \/V. TRAYLOR, THOS. H. RAINSFORD, R. A. COOPER, House C ommittee.

On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives accordingly. Mr. J ohnson, of the Committee-0n Enrolled Bills, reports the fol lowing Bills and Joint Resolutions correctly enrolled and ready for ratiﬁcation : S. 1 44.—Mr. von Kolnitz (by request) : A Bill to amend Chapter 89 of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter and by adding certain Sections thereto. FRIDAY, F EBRUARY 20, 1903. 511 S. 2 16.—-Mr. Dennis: A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. S. 6 5.—-Mr. J. W. Ragsdale: A Joint Resolution to refund to Mrs. Carrie Hallford, of Florence County, $36.03 as a rebate on taxes im properly paid. , S. 2 65.—Mr. Peurifoy: A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Colleton County for the current expenses of said County for the year 1903, and to authorize the said County Board of Commissioners to pledge the levy for ordinary County purposes for the year 1903 to secure the same. S. 2 G2.—i\lr. Stackhouse: A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax and so as to provide for the purchase of grounds and houses, and for building and equipping houses, and to provide for contingent fee. S. 2 8.—Mr. J. W. Ragsdale: A Bill to regulate and ﬁx the liability of railroad companies having a relief department to its employees. S. 3 51.——Mr. Manning: A Bill to provide for the charter fees for Domestic Building and Loan Association. S. 8 5.—Mr. Walker: A Bill to authorize the construction and maintenance of a dam across Kinloch Creek, in Georgetown County. S. 1 94.—A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof.

SPECIAL R EPORT OF THE COMMITTEE ON THE DISPENSARY.

Statef o South Carolina, Senate Chamber, Columbia, S. C., February 19, 1903. T0 the Honorable the Senate: The C ommittee on the Dispensary, to whom was referred a Joint Resolution to appoint a Committee to investigate the State Dispen sary, introduced by the Senator from Anderson, Mr. Hood, under a resolution to investigate the necessity for the passage of the afore mentioned Resolution, introduced by the Senator from Orangeburg, Mr. Raysor, have had the same under consideration, and beg leave respectfully to report: 512 J OURNAL OF THE SENATE, That y our Committee has been in almost continuous session for eight days, and have examined a number of witnesses, whose testi mony has been taken down by a stenographer and transcribed on a typewriter, and is herewith submitted. After a painstaking and care ful consideration of the evidence, the undersigned, the Committee, are unable to ﬁnd anything against the management. That t ime and opportunity was too short for such a full and thorough investigation as is just either to the management or to the State. ' By v irtue of the power and authority conferred upon the Commit— tee by the Resolution, they appointed Mr. A. M. Deal, a competent stenographer, Secretary of the Committee, and, owing to the great volume of the testimony, in order to get the testimony before the Senate in the short time allowed, it became necessary to call in the aid of a typewriter to'assist him, and by the permission of the Com mittee, he employed Mr. A. D. McFadden as such typewriter. Herewithe w beg to submit a statement of the per diem and mileage of the witnesses and members of the Board of Directors who were in attendance under summons from the Committee, and the fees of the stenographer and typewriter, and recommend their payment. fAll o which is respectfully submitted, ROB’T ALDRICH, Acting Chairman. E. L. HERNDON, A. H. DEAN, JAS. STACKHOUSE, P. L. HARDIN, T. W. STANLAND, W. H. SHARPE.

Statement o f the per diem, mileage of witnesses, fees and expenses attending upon the investigation of the Dispensary by the Committee on the Dispensary, under Resolution of the Senate: Witnesses—H. E . Watts, 1 day, no miles ...... $ 1 50 T. E. Lightfoot, 1 day, no miles ...... 1 50 John B lack, 4 days, 196 miles ...... 23 60 .J. B Douthit, 4 days, 145 miles ...... 15 50 Lawrence F ouche, 1 day, no miles ...... 1 50 .L. J Williams, 7 days, 120 miles ...... 40 00 .H. H Evans, 7 days, 17 miles ...... 32 70 A.. M Deal, stenographer ...... 32 00 A.. D McFaddin, typewriter ...... 16 00 FRIDAY, F EBRUARY 20. 1903. 513

Stationery, t ypewriter materials, etc ...... 3 00

$1670 3

On m otion of Mr. ALDRICH, the above report and also the testi mony was ordered printed for the use of the Senate.

CONCURRENT R ESOLUTION.

S. 4 80.—Finance Committee: A Concurrent Resolution relating to the ﬁnances of the State.

A C ONCURRENT RESOLUTION. t.Be i resolved by the Senate, the House of Representatives concurring, That a Committee be appointed, consisting of two Sena— tors and three Representatives, to be appointed by the President of - the Senate and the Speaker of the House of Representatives, respect ively, to consider how best to put the State upon a cash basis, what additional sources of revenue for the State are available, and what changes should be made in existing laws for the assessment and col lection of taxes; that said Committee have power to sit during the recess: that said Committee file its report with the Governor by January 1st, 1904, to be by him transmitted to the General Assembly . at its next session: and that said Committee be allowed its actual expenses only for not exceeding fifteen days. to be paid on the war rant of the Comptroller General upon an itemized account of said expenses filed with him.

Upon i mmediate consideration, the Resolution was adopted. RESOLUTION. B y Mr. JOHNSON. Resolved, T hat the Honorable Speaker and House of Representa tives be invited to attend in the Senate Chamber at 8.15 to-night, for the purpose of ratifying Acts. On i mmediate consideration, the Resolution was adopted. and it was ordered that an invitation be sent to the House of Representatives accordingly.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent to the Senate the following: 514 J OURNAL OF THE SENATE, S. 1 0.—Mr. Douglass: A Bill to amend Section 169 of the Crimi nal Code, so as to give Magistrates jurisdiction of stealing from the field when the property stolen does not exceed ten dollars in value. On m otion of Mr. DOUGLASS, the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 6 0.—Mr. Carpenter: A Bill to authorize and require County Commissioners to refund certain commutation road tax. On m otion of Mr. CARPENTER, the Senate agreed to the amend— ‘ m 'ents made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 9 3.—l\lr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. On m otion of Mr. HYDRICK, the Senate refused to concur to the amendments made by the House of Representatives. Ordered t hat a message be sent to the House of Representatives accordingly. S. 1 51—Mr. Marshall: A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen sary law, so as to allow wholesale druggists to sell alcohol without profit to licensed druggists. On m otion of Mr. MAYFIELD, the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title he changed to an Act and the Act enrolled for ratification. S. 2 91.—Mr. Gaines: A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants. On m otion of Mr. GAINES, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. S. 3 87.—The Committee on Public Buildings: A Bill to amend Section 633 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the fumi ture of the Senate Chamber and Senate Committee rooms. On m otion of Mr. SHEPPARD, the Senate agreed to the amend ments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification_ FRIDAY, F EBRUARY 20, 1903. 515 S. 4 08.-——Mr. Peurifoy: A Joint Resolution to authorize and re quire the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid. On m otion of Mr. J. \N. RAGSDALE, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. _ S. 4 10-—Mr. Hood: A Bill to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the office of Clerk of Court for said County. On m otion of Mr. HOOD, the Senate agreed to the amendments made by the House of Representatives. Ordered t hat the title be changed to an Act and the Act enrolled for ratification. 0MESSAGE N 53.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has indeﬁnitely postponed H. 5% (S. 122.—Mr. Aldrich) : A Bill for an exhibit of industries and resources of South Carolina at the Louisiana Purchase Exposi tion to be held in the city of St. Louis, Missouri, during the year 1904. Very respectfully, I M. L. SMITH, Speaker of the House. Received as information.

MESSAGE0 N 54.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has continued H. 477 (S. 243.—Mr. Sheppard) : A Bill to amend an Act entitled “An Act to amend Section '7 of an Act entitled ‘An Act to ﬁx the time and provide for the holding of the Circuit Courts of the Fifth Judicial Circuit,’ approved 9th day of March, A. D. 1896, so as to give Edgeﬁeld County a Court of Common Pleas at the August term 0f C ourt, and only one petit jury at said term of both Courts,” 34—8. J.—(500) 516 J OURNAL OF THE SENATE,

approved t he 26th day of February, A. D. 1902, so as to change time of fall Court in Edgeﬁeld and Richland Counties. Also c ontinued H. 5 42 (S. 92.—Mr. Goodwin) : A Bill to require the ofﬁcers and agents of the Columbia, Newberry and Laurens Railroad Company to widen a certain highway in the city of Laurens. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N o. 55.

In t he House of Representatives, ' Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The-House respectfully informs your honorable body that it has continued H. 4'79 (S. 252.—Mr. Hydrick) : A Bill to provide for the popular election of the Boards of Trustees of the public schools of the city of Spartanburg. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

oMESSAGE N 56.

In t he House of Representatives, Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it refuses to agree to certain amendments on H. R. J‘05.—A Bill to raise supplies and make appropriations for the ﬁscal year commencing January lst, 1903. Very respectfully, M. L. SMITH, Speaker of the House. On m otion of Mr. MOWER, the Senate insisted upon its amend ments. Ordered t hat a message be sent to the House of Representatives accordingly, requesting a Committee of Conference. ' FRIDAY, F EBRUARY 20, 1903. 517 Whereupon t he PRESIDENT appointed Messrs. (Hydrick and Hough a Committee of Conference on the part of the Senate.

MESSAGE N o. 57.

In t he House of Representatives, _ Columbia, S. C., February 19, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it re fuses to agree to certain amendments to H. R. 170.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to ﬁx the compensation of the Magis trate thereof and of his Constable. Very respectfully, M. L. SMITH, Speaker of the House. On m otion of Mr. MAYFIELD, the Senate insisted upon its amendments. Ordered t hat a message be sent to the House of Representatives accordingly, requesting a Committee of Conference. Whereupon t he PRESIDENT appointed Messrs. Hardin and Davis a Committee of Conference on the part of the Senate.

MESSAGE N o. 58.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: ‘ The H ouse respectfully informs your honorable body that it has appointed as the Committee of Conference on the part of the House, Messrs. Bomar, Hinton and Parnell, on .H. R 1'70.-—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to ﬁx the compensation of the Magistrate thereof and of his Constable. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information. 518 J OURNAL OF THE SENATE,

MESSAGE N o. 59.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it 'has appointed of the Committee of Conference on the part of the House, Messrs. Richardson, Lancaster and Brown, on H. 1 47.-—Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved the 26th day of February, 1902. Very r espectfully, M. L. SMITH, Speaker of the House.

Received a s information.

MESSAGEo N 60.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the report of the Committee of Free Conference on A Bill to make appropriations to meet the ordinary expenses of the State government for the ﬁscal year commencing January lst, 1903. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N 0. 60.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the report of the Committee of Conference on A Bill to require all railroads operating in this State to protect the rates 'of freight stipulated in the bill for carriage of all freights, FRIDAY, F EBRUARY 20, 1903. 519 goods, w ares and merchandise, and to provide penalties for the violation thereof. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N0. 61. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the report of the Committee of Free Conference on A Bill to amend Section 4 of an Act entitled “An Act to ﬁx the amount of compensation to be paid the County ofﬁcers of the various Counties of this State," approved 27th February, 1902. Very respectfully, _ ' M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE No 62. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed on the Committee of Conference on the part of the House, Messrs. Mauldin, Dowling and Coggeshall, on .H. R 405.—A Bill to raise supplies and make appropriations for the ﬁscal year commencing January 1st, 1903. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N0 63.

In t he House of Representatives. Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has 520 J OURNAL OF THE SENATE, appointed o f the Committee of Free Conference on the part of the House, Messrs. Gaston, Coggeshall and DeVore, on .H. R 170.—-Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so -as to provide an additional district for Chester County, and to ﬁx the compensation of the Magistrate thereof and of his Constable. - Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N o. 64.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed of_the Committee of Free Conference on the part of the House, Messrs. Bomar, \Vingo and Doyle, on ‘ H. 1 ¢I7.--Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State,” approved the 26th day of February, 1902. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

MESSAGE N0. 65.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed of the Committee of Free Conference on the part of the House, Messrs. Moses, Wingo and Black, on H. 5 21—S. 405.——VVays and Means: To raise supplies and make appropriations for the ﬁscal year commencing January 1st, 1903. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information. FRIDAY, F EBRUARY 20, 1903. 521

MESSAGEo N 66.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed in place of Mr. G-aston of the Committee of Free Confer ence on the part of the House, Mr. Wise, on .H. R 170.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1903), so as to provide an additional district for Chester County, and to ﬁx the compensation of the Magistrate thereof and of his Constable. Very r espectfully, M. L. SMITH, Speaker of the House. Received a s information.

SPECIAL O RDER AT 12 O'CLOCK M., AND FROM DAY TO DAY AT THE SAME HOUR UNTIL DISPOSED OF. H.. R 172.—Mr. Logan: A Bill to amend Section 156 of the Code of Civil Procedure, being Vol. 2 of the Code of Laws of South Caro lina, 1902, relating to the publication of summons. On m otion of Mr. HYDRICK, the Bill was continued until the next session of the General Assembly. .H. R 406.—A Bill to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate officers and em ployees thereof, and other purposes herein named. The B ill was read, and, on motion of Mr. MOWER, was amended as follows: Line 3 0, strike out “J,” between “of” and “D,” and insert “G.” Line 3 7, strike out “five” and insert “thirteen.” Line 5 0, strike out “A,” between “J” and “Gibbes,” and insert “W.” Section 4 , line 23, strike out “five and 50-100,” and insert “six and 40-100.” ‘ Section 4 , line 1, strike out “six” and insert “eight.” Line 1 3, insert the name “M. B. Locke.” By i nserting after Section 4 the following: Section 5 . That the sum of one hundred and seventy dollars, if so much be necessary, be appropriated to pay expenses of Dispensary investigation by Senate Committee at this session. 522 J OURNAL OF THE SENATE. Number f ollowing Sections to conform. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments ?" it was decided in the affirmative. CONSIDERATION O F SPECIAL ORDERS.

On m otion of Mr. MANNING, the Senate proceeded to the con sideration of the veto message of his Excellency the Governor, in reference to writing off certain bonds from the books in the office of the State Treasurer. Mr. M ANNING stated that since reading the Constitution care— fully and looking up authorities in reference thereto, he was fully convinced that the position of the Chair was correct, and he desired o' t withdraw his point of order. The q uestion being put, “Shall this Joint Resolution, to wit: a Joint Resolution to authorize and require the State Treasurer to write off of the books in his office certain bonds entered on said books as old bonds not fundable (Act of 1806), Blue Railroad Bonds, $37,000, pass, the veto of his Excellency to the contrary notwithstanding ?” on which the yeas and nays were taken, resulting as follows: Yeas—Messrs. B lake, Brice, Brown, Butler, Carpenter, Davis, Dean, Dennis, Douglass, Gaines, Goodwin, Hardin, Hay, Herndon, Hough, Hydrick, Johnson, Mayfield, McDermott, Mower, G. W. Ragsdale, J. W. Ragsdale, Sharpe, Sheppard, Stackhouse, Stanland, Talbird, Williams—28. Nays—Messrs. A ldrich, Forrest, Hood, Manning, Marshall, McCall, McIver, McLeod, Peurifoy, Raysor, von Kolnitz, Walker, W arren—13. 'Whereupon t he PRESIDENT declared that the Joint Resolution having received the two—thirds vote of the Senate, as required by the Constitution, would be sent to House of Representatives for consid eration. together with the action of the Senate thereon. S. 1 37.—Mr. McIver: A Bill to authorize the Receiver of the Pres President, Directors and Company of the State Bank or his succes sor to sue the State to establish his right to certain State bonds claimed to have been lost or destroyed. On m otion of Mr. McIVER, the Bill was laid upon the table.

GENERAL O RDERS. THIRD READING BILLS. The f ollowing Bills and Joint Resolutions were severally read the FRIDAY, F EBRUARY 20, 1903. 523 third t ime, passed and ordered sent to the House of Representatives, with amendments: H.. R 298.—Mr. DeBruhl: A Bill to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. On m otion of Mr. MOWER, the following amendment was adopted: Section 1 , line 2, strike out word “two” and insert word “one.” In line 3, strike out the letter “s” in word “newspapers.” Also, on same line, strike out words “in this State, one of which shall be located.” H.. R 396.—Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers. On m otion of Mr. VON KOLNITZ, the following amendments were adopted: I L ine 4, after “complaint,” by adding “or answer.” nAlso, o line 12, after word “complaint,” insert “or answer.” H.. R 398.—-Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. .H. R 403.—Mr. Coggeshall: A Bill to define the law relating to certain forms of commercial papers. On m otion of Mr. HYDRICK, the amendment proposed by him and printed in the Journal of the 17th, was laid upon the table. The B ill was amended by Senator BROWN: Section 1 , line 1, between the words “paper” and “shall,” insert the words “hereafter made.” H. 4 23.—-Mr. Magill: A Bill to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trust. .H. R 426.-—Mr. Sarratt: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of the various Counties in this State,” approved 27th day of February, 190.2, by increasing the salary of the County Treasurer of Cherokee County. .H. R 427.——Mr. Bass: A Bill to authorize the Trustees of Kings tree School District, of Williamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur chasing a lot or lots. .H. R 428.-—Mr. McMaster (by request) : A Bill to amend Section 3095 of Vol. 1 of the Code of Laws of 1902, designating the holidays 524 J OURNAL OF THE SENATE, in t he County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the 'County of Richland. On m otion of Mr. MARSHALL, the Bill was amended By i nserting after the word “day,” on page 2, line 2?: Provided, further, That nothing herein contained shall render illegal any busi ness which any bank or other corporation or person shall see fit to transact on any Saturday after twelve o’clock at noon. H.. R 434.—Mr._ Brown: A Bill to provide for the payment of a salary to the Chaplain of the Penitentiary for services rendered as Chaplain 0f the Reformatory. .H. R J.36.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County ofiicers in various Counties of-the State, so as to fix the salary of the Coroner in Aiken County. On m otion of Mr. JOHNSON, the Bill was continued until the next session of the General Assembly. H.. R 445.—Mr. Stuckey: A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Kershaw Counties for services rendered in compliance with Section 4 of the Act establishing Lee County. H.. R 468.—Mr. Lyles: A Bill to empower towns and cities of five thousand inhabitants and over to subscribe to the maintenance of public libraries. On m otion of Mr. MAYFIELD, the Bill was amended as follows : Section 1 , line 1, strike out after “city” the words “of five thousand inhabitants or more.” Amend t itle: Strike out “of five thousand inhabitants and over.” The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts and enrolled for ratification: .H. R 433.—-Mr. DeVore: A Bill to establish an additional voting place at “Roper’s,” in Edgefield County. H.. R 438.—Mr. Stackhouse: A Bill to amend the various Statutes and the law as to school districts embracing the towns of Marion, Latta and Dillon, in Marion County. .H. R 440.-—Mr. Morgan: A Bill to amend Section 1262 of Vol. 1 of Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of South Carolina College. H.. R 469.—Mr. McCain: A Bill to require the Treasurer of York County to refund to Bowling Green Knitting Mills certain overpaid taxes. FRIDAY, F EBRUARY 20. 1903. 525

EXECUTIVE S ESSION.

The S enate at 1.40 P. M., on motion of Mr. MANNING, went into Executive Session. At 2 .40 P. M. the Senate returned to open session. On m otion of Mr. MAYFIELD, the seal of secrecy was removed from the proceedings of the Executive Session, so far as the same relates to appointments made by the Governor and conﬁrmed by the Senate, and the same was ordered to be published in the Journal, to Wit: ‘

CONFIRMATIONS.

M ESSAGE No. 7.

Statef o South Carolina, Executive Chamber, Columbia, S. C., February 20, 1903. To the Honorable President and Members of the Senate: I h ave the honor to transmit for your advice and consent a list of appointments made by me for the various ofﬁces in the different Counties of our State. Very r espectfully, D. C. HEYWARD, Governor.

ANDERSON C OUNTY.

County T reasurer, James M. Payne, Anderson. County A uditor, G. N. C. Boleman, Anderson. Belton, M agistrate, C. F. Martin. Anderson T ownship, Magistrate, B. F. \Vilson, Anderson. Anderson Township, Magistrate, J. C. C. Featherstone, Anderson. Anderson Township, Magistrate, C. P. Kay, Belton. Anderson T ownship, Magistrate, J. D. Sitton, Easley, R. F. D. Anderson Township. Magistrate, C. F. Martin, already appointed. Centerville Township, Magistrate, J. A. O’Neal, Anderson. Comer Township, Magistrate, J. L. Bryan, Iva. Gowin T ownship, Magistrate. J. A. Mullinax, Pendleton. Hall T ownship, Magistrate, Preston E. Spoon, Iva. Hopewell T ownship, Magistrate, P. H. Brown, Anderson. Honea P ath, Magistrate, J. J. Trussell, Honea Path. Honea P ath Township, Magistrate, D. R. Greer, Honea Path. 526 J OURNAL OF THE SENATE,

Martin T ownship. Magistrate, L. N. Martin, Anderson. Pendleton Township, Magistrate, Edward Smith, Pendleton. Brushy Creek Township, Magistrate, W. H. Bowen, Piedmont. Williamston Township, Magistrate, A. G. Pinckney, Pelzer. Williamston Township, Magistrate, A. M. Guyton, Pierceton. Rock Mills Township, Magistrate, P. Anderson, Rock Mills. Savannah Township, Magistrate, J. H. Rainey, Starr. V a rrennes Township, Magistrate, S. H. Stone, Starr. W i lliamston Township, Magistrate, R. V. Acker, Williamston. Fork Township, Magistrate, W. F. M. Fant, Townville.

BARNWLL E COUNTY. Red O ak Township, Magistrate, W. P. Sanders, Spouts P. O. Barnwell T ownship, Magistrate, Charles W. Moody, Barnwell C. H. ' Robbins T ownship, Magistrate, T. S. Dunbar, Hattieville. Williston T ownship, Magistrate, J. M. Johnson, Williston. Allendale T ownship, Magistrate, John Googe, Allendale. .W. A Gyles to succeed B. J. Hammett on 14th February, as Magistrate at Blackville, Barnwell County. BEAUFORTCOUNTY. 'Jos.. H Harrison, Beaufort, Y. E. Carter, Levy’s, S. E. Blount, Heyward’s, Board of Supervisors of Registration. Treasurer, G . Sanders, Beaufort. .Auditor, H C. Pollitzer, Beaufort. Thos.. G White, Magistrate, Beaufort. .H. S Rodgers, Magistrate, Port Royal. Rodgers P inckney, Magistrate, Sheldon Township. Chas.. F Sammis, Magistrate, St. Helena Township. H.. G Heyward, Magistrate, Yemassee Township. H.. D Burnet, Magistrate, Coosawatchie Township. A.. L Mulligan, Magistrate, Bluffton Township. Chas. P adgett, Magistrate, Hilton Head Township. BERKELEY C OUNTY. Jeff D. Wiggins, Magistrate, Eutawville. CHARLESTON COUNTY. T.. D Green, Ministerial Magistrate, vice Louis Manigault, re signed, Ten Mile Hill. ' FRIDAY, F EBRUARY 20, 1903. 527 B.. R Burnet, County Treasurer. W.. H Prioleau, County Auditor. . G.. H Sass (term expires March 31st, 1903), Master in Equity. .R. W Memminger, Judicial Magistrate. Harbor C ommissioner, J. J. Igoe. Quarantine O fﬁcer of the port of Charleston, Dr. Robert Lebby. Ja'il P hysician. Dr. A. N. Bellinger. O.. R Levy, Ministerial Magistrate, Charleston. .J. J O’Shaughnessy, Ministerial Magistrate, Charleston. L.. E Williams, G. \N. Rouse, Ministerial Magistrates (above Line Street), Charleston. .T. A Beckett, Ministerial Magistrate, Stono P. O., John’s Island. W.. E Fripp, Ministerial Magistrate, Stono, P. O., John’s Island. R. L ebby Clement, Ministerial Magistrate, Wadmalaw. E. M itchell Whaley, Ministerial Magistrate, Edisto. Elias V enning, Ministerial Magistrate, Mt. Pleasant. A.. S McClellan, Ministerial Magistrate, McClellanville. ' E.. J Whilden, Ministerial Magistrate, Christ Church. .W. H Brassell, Ministerial Magistrate, Owendauj. Thos.. J Keenan, Ministerial Magistrate, Sullivan’s Island. Henry S truhs, Ministerial Magistrate, St. Andrews. .T. D Green, Ministerial Magistrate, Ten Mile Hill.

CHESTER C OUNTY.

Special f or town of Chester and Sandy River, First Judicial Dis trict, Magistrate, G. Williams, Chester P. 0. Second, L ewisville, Magistrate. J. P. Reid, Lewisville P. O. Third, L andsford, Magistrate, C. T. Mimis, Fort Lawn P. 0. Fourth, Rossville, Magistrate, W. H. Strand, Heath P. O. Fifth, B aton Rouge, Magistrate, A. D. Darby, Baton Rouge P. O. Sixth, Halsellville, Magistrate, A. W ise (R. F. D.), No. 2, Chester. Seventh, Hazlewood, Magistrate. T. R. McKeown, Blackstock P.

CHEROKEE C OUNTY.

County T reasurer, W. Harry Gooding, Gafiney. County Auditor, W. D. Camp, Gafiney. B.. J Gold, Magistrate, Blacksburg. Cityf o Gaffney, Magistrate, G. W. Speer, Gafiney. White Plains, Magistrate, R. W. Lee, Cowpens. 528 J OURNAL OF THE SENATE, Morgan, M agistrate, G. D. Scruggs, Ezells. Lewiston, Magistrate, A. J. McCraw, Grassy Pond. , Draytonville, Magistrate, Jno. W. Alexander, Lawn. Gowdysville, Magistrate, J. L. Strain, Etta Jane. Gowdysville, Magistrate, W. E. Mabry, Asbury. Cherokee, Magistrate, R. Torrence, Cherokee Falls.

CLARENDON C OUNTY.

.S. M Youmans, Magistrate, Manning. A.. J Richbourg, Magistrate, at or near St. Paul. C. L. Grifﬁn, Magistrate, Pinewood. .Joseph E Richbourg, Magistrate, Foreston. W..H. H Hobbs, Magistrate, at or near New Zion. H. B. Bateman, Magistrate, Paxville.

COLLETON C OUNTY.

U .. L Smith, County Treasurer, \IValterboro. ‘—"‘U . M. Murray, County Auditor, Walterboro. . E. Bryan, Magistrate, Walterboro. rumrg Hill, M agistrate, Hendersonville. . G Ulmer, Magistrate, Danville. .. A Cummings, M agistrate, Lodge. . J Wilson, Magistrate, Smoak. Obd‘mg .. C Bailey, Magistrate, Weeks. . A Ackerman, Magistrate, Cottageville. . F. Huggins, Magistrate, Green Pond. . W Butler, Magistrate, Jacksonboro. CUU .. W Mellard, Magistrate. Adams Run. . B. Platt, Magistrate, Osborn.

DORCHESTER C OUNTY.

Jno. W hetsell, County Treasurer, St. Georges. P. L. Moorer, County Auditor, St. Georges. R. S. VV'eeks, Master, St. Georges. S.. P Driggers, Magistrate, Summerville. C.. L Knight, Magistrate, Summerville. .T. H Abbott, Magistrate, St. Georges. J.. A Parker, Magistrate, Harleyville. W.. M Cummings, Magistrate, Reidville. FRIDAY, F EBRUARY 20, 1903. 529

GREENVILLE C OUNTY.

\V.. P Hicks, Auditor, Greenville. H.. J Southern. Treasurer, Greenville. Greenville T ownship, Magistrate, F. B. McBee, Greenville. Bates T ownship, Magistrate, G. W. Nicoll, Traveler’s Rest. Highland T ownship, Magistrate, Layton Ballenger, Highland. Saluda, M agistrate, W. D. Southern, Lima. Dunklin, M agistrate, Wm. Scott, Chandler. Oak L awn, Magistrate, Geo. Macauley, Lickville. Grove, M agistrate, Jno. P. Moon, Sterling. Gantt T ownship, Magistrate, Henry Williman, Reedy River. Gantt T ownship, Magistrate, J. C. Mitchell, Piedmont. Austin, M agistrate, William Cox, Mauldin. Butler, M agistrate, Jno. L. Green, Greenville. Butler T ownship, Magistrate, Geo. W. Bramlett, Batesville. Chick S prings, Elias P. Raines, Chick Springs. Chick S prings Township, Thaddeus T. Westmoreland, Greers. Paris M ountain, Magistrate, Elliott Hudson, Freeman. Fairview, M agistrate, Geo. Wood, St. Albans. _ Glassy M ountain, Magistrate, Geo. W. Plumly, Campobello, R. F. D. O’Neal, M agistrate, L. P. Poole, Traveler’s Rest, R. F. D., No. 2. - Cleveland, Magistrate, David C. Bates, Cleveland.

GREENWOOD C OUNTY.

Greenwood, M agistrate, \N. G. Austin, Greenwood. Ninety-six, Magistrate, \Vm. L. Fouche, Ninety-six. Kinard’s Store, Magistrate, \V. R. Cooper, Dyson. Gaines, Magistrate, J. M. Rambo, Kirksey. Lyon, M agistrate, T. J. Lyon, Longmires. Troy, M agistrate, Frank Cook, Troy. Bradley, M agistrate, Jno. H. Chiles, Bradley. Verdery, Magistrate, W . W. Purdy, V erdery. Hodges, Magistrate, Jno. Kennerly, Cokesbury. Coronaca, Magistrate, M. G. Bowles, Coronaca.

GEORGETOWN C OUNTY.

C. W eston Ross, Magistrate, Annandale. 530 J OURNAL OF THE SENATE,

HAMPTON C OUNTY. H.. A Harrison, Varnville, W. F. Gray, Gray’s, Board of Registra tion. .J. C Langford, County Treasurer, Hampton. J. G ooding, County Auditor, Hampton.

MARLBORO C OUNTY. J.. H Thomas, County Treasurer, Bennettsville. Chas. I. Sherill, County Auditor, Bennettsville. C. D. Easterling, Magistrate, Bennettsville. T. L. Crosland, Magistrate, Bennettsville. H. L. McLaurin, Magistrate, McColl.- ‘ John A. Calhoun, Magistrate, Clio. D. D. Stubbs, Magistrate, Brightsville. W. W. Irby, Magistrate, Smithville (P. O. Cheraw). - W. J. Atkinson, Magistrate, Brownsville and Blenheim P. O. ' K ERSHAW COUNTY.

W.. R Hough, County Treasurer, Camden. .W. R McCreight, County Auditor, Camden. DeKalb T ownship, Magistrate, J. D. McDowell, Camden. Flat Rock Toxvnship, Magistrate, J. T. Truesdel, Westville. Flat Rock Township, Magistrate, R. C. Jones. Liberty Hill. Buffalo Township, Magistrate, D. M. Bethune, Jr., Bethune. Buffalo Township, Magistrate, Amos W'est, Roland. W e st \Vateree Township, hilagistrate, C. P. Bowen, Blaney. West W ateree Township, Magistrate, Merton Kelly, Camden.

LANCASTER C OUNTY.

Jno. A . Cook, County Auditor, Lancaster. W.. C Cauthen, County Treasurer, Lancaster. Supervisor o f Registration, to ﬁll unexpired term of J. M. Caskey, resigned, George W. Faile, of Flat Creek P. O.

NEWBERRY C OUNTY. Jno.. L Epps, County Treasurer, Newberry. Wm.. L Cromer, County Auditor, Newberry. Precincts N os. 1, 2, 8, Magistrate, J. M. Chappell, Newberry. Precinct No. 3, Magistrate, T‘. P. Adams, Glymphville. FRIDAY, F EBRUARY 20, 1903. 231

Precinct N o. 4, Magistrate, F. W. Fant, VVhitmires. Precinct No. 5, Magistrate, W. C. Sligh, Jalapa. Precinct No. 6, Magistrate, J. H. \Villiams, Longshore. Precinct No. 7, Magistrate, J. W. Ropp, Old Town. Precinct Nos. 8, 9, Magistrate, B. B. Hair, Prosperity. Precinct No. 10, Magistrate, P. B. Ellisor, Slighs. Precinct No. 11, Magistrate, W. F. Suber, Hayne.

ORANGEBURG C OUNTY.

T.. M McMichael, County Auditor, Orangeburg. .A. D Fair, County Treasurer, Bowman. District N o. 1, Magistrate, C. P. Brunson, Orangeburg. District No. 2, Magistrate, William Paulling, St. Matthews. District No. 3, Magistrate, J. W. R. Berry, Branchville. District No. -l, Magistrate, A. D. Connor, Elloree. District No. 5, Magistrate, J. C. Kennerly, Cordova. District No. 6, Magistrate, D. S. Tyler, Norway. District No. 7, Magistrate, J. R. Fulmer, Springﬁeld. District No. 8, Magistrate, W. A. Johnson, North. District No. 9, Magistrate, Jeff M. Buyck, Lone Star.

PICKENS C OUNTY.

HenryV. \ Farr, County Treasurer, Pickens. E. F oster Keith, County Auditor, Pickens. Wade O ’Dell, Magistrate, Liberty. C.. G Rowland, Magistrate, Central. Thos.. L Grant, Magistrate, Calhoun. .J. P Hyde, Magistrate, Catuche. .J. P Roe, Magistrate, Hughes. E.. C B0\\'ie,'Magistrate, Hazel. .W . H Chastain, Magistrate, Chastain. .J. F Harris, Magistrate, Pickens. .J. M Jamison, Magistrate, Easley. C.. G Rowland, Magistrate, Central, vice B. D. Garvin, resigned. .D. F Sutherland, Magistrate, vice W. E. Ansel, resigned, from Dacusville, Mica, P. O.

SPARTANBURG C OUNTY.

B.. B Bishop, Magistrate, Inman. 35—5. J.—-(500) 532 J OURNAL OF THE SENATE, SALUDA C OUNTY.

B.. F Webb, County Auditor, Saluda. H. B. White, County Treasurer, Saluda. M. L. Little, Magistrate, Saluda. .~ S M. Meyers, Magistrate, Etheredge. M. E. Coleman, Magistrate, Dennys. Theaphalus Dean, Magistrate, Big Creek. D. A. Simonds, Magistrate, Johnston.

\VILLIAMSBURG C OUNTY.

.Geo. B Nesmith, Magistrate, Dock. J.. B Montgomery, County Auditor, Kingstree. R. D. Rollins, County Treasurer, .W. J Eaddy, Magistrate, Lamberts. H.. P Baldwin, Magistrate, Lake City. .R. K Wallace, Magistrate, Kingstree. T.. E Salters, Magistrate, Salters. E.. B Clarkson, Magistrate, Greelyville. W.. B McCants, Magistrate, Trio.

YORK C OUNTY. .W. B Williams, County Auditor, Yorkville. H. A. D. Neely, County Treasurer, Yorkville. J. M. Simpson, Agent for Catawba Indians, Roddeys. Fort Mill Township, Magistrate, J. E. McElhaney, Fort Mill. Catawba Township, Magistrate, T. C. Beckham, Rock Hill. Ebenezer Township, Magistrate, R. M. Anderson, Newport. Bethesda Township, Magistrate, Amos L. Nunnery, Ogden. Bethel Township, Magistrate, S. M. Johnson, R. F._ D., Clover. Kings Mountain, Magistrate, J. A. McMackin, Clover. York Township, Magistrate, J. C. Comer, Yorkville. Bullock Creek Township, Magistrate, W. S. Plaxco (R. F. D.), Sharon. Broad River Township, Magistrate, R. L. A. Smith, Hickory Grove. I

SECOND R EADING BILLS.

S. 3 61.—Mr. Brown (by request) : A Joint Resolution to authorize and empower the Board of Trustees of South Carolina College to improve lands of said College, to build thereupon, to borrow money FRIDAY, F EBRUARY 20, 1903. 533

for s uch purpose and to pledge the lands so improved for the money so borrowedf (Unfavorable) On m otion of Mr. HYDRIC K, the Joint Resolution was laid upon the table. .H. R 418.-—Mr. Stuckey: A Bill to prescribe the mode of securing scholarships and free tuition provided for by this State. (Unfavor able.) On m otion of Mr. MCLEOD, the Bill was continued until the next session of the General Assembly. .H. R 419.—Mr. Callison: A Bill to amend subdivision Class C, No. 1, of Section 2, of an Act entitled “An Act to amend Sections 1065, 1066 and 1067, Chapter 22, Vol. 1, of the Code of Laws of South Carolina, 1902, relating to pensions,” approved the 26th day of February, A. D. 1902. ( Favorable.) On m otion of Mr. ALDRICH, the Bill was continued until the next session of the General Assembly. H.. R 429.—Mr. Gause: A Bill to prevent the shipping of shad beyond the limits of this State. (Favorable) On m otion of Mr. HARDIN, the Bill was continued until the next session of the General Assembly. .H. R 431.——Mr. Davis: A Bill to amend Section 176 of the Crim inal Code, Vol. 2, Code of Laws, 1902, relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. (Favorable, with amendments.) The B ill was read, and, on motion of Mr. MAYFIELD, the follow ing amendments proposed by the Committee, to wit: Strike o ut all after the word .“lands,” on line 5, and add, “so that said Sec. 176 shall read, ‘Sec. 176. Any person, other than owner, who shall remove or destroy, or leave down, any portion of any fence in this State, intended to enclose animals of any kind, or crops or uncultivated lands, or who shall leave open any gate, or leave down any bars or other structure, intended for a like purpose, shall be deemed guilty of a misdemeanor, and any person who shall wilfully or negligently violate Sec. 1497 of the Civil Code, shall be guilty of a misdemeanor; and both classes of offenders shall be punishable by a fine of not less than five nor more than thirty dollars, or be im prisoned in the County jail not less than five nor more than thirty.‘ ” Was a mended by adding at the end thereof: “That w hen the unanimous consent of all persons in the territory to be enclosed has been obtained, it shall be lawful to erect a fence enclosing such territory: Provided, That where such fences cross the Public roads, good and sufficient gates shall be erected and maintained 534 J OURNAL OF THE SENATE, by t he party or parties erecting such fence, and hitching posts shall be placed on each side of such gate, not more than twenty yards from such gate or gates.” Ordered p laced on the Calendar for a third reading. H.. R 435.——Mr. Toole: A Bill to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the various Counties in this State,” approved 27th day of February, 1902, re lating to the salary of the Auditor of Aiken County. (F avorable.) The B ill was read and ordered placed on the Calendar for a third reading. .H. R 437.—Mr. Morgan: A Bill to repeal an Act entitled “An Act to create a new school district, to be known as Greer’s Graded School District, lying in Greenville and Spartanburg Counties,” approved December 24th, 1887, and an Act amendatory thereto, approved the 20th day of December,'1888. (Without recommendation.) The B ill was read and ordered placed on the Calendar for a third reading. H.. R 441.—Mr. Brown (by request) : A Joint Resolution to pro vide for repayment of excess commutation tax to certain persons in Oconee County. (Favorable) The B ill was read, and, on motion of Mr. HERNDON, was amended as follows: By s triking out on line 7 the words, “E. L. Herndon.” Ordered p laced on the Calendar for a third reading. H.. R 443.—Mr. Richards: A Joint Resolution providing for the payment to W. R. Hough, Treasurer of Kershaw County, seventy five dollars by the State and one hundred and twenty-five dollars by said County Commissioners, due for taxes collected in 1898. (Fa vorable.) _ The J oint Resolution was read and ordered placed on the Calen dar for a third reading. H.. R 4

Amend p reamble (printed), line 5, by striking out all of said line; and on line 6, strike out the words “Section 1.” Amend l ine 15, by striking out the word “resolved,” and insert in lieu thereof the word “enacted.” Ordered p laced on the Calendar for a third reading. .H. R 44S.—Mr. Dowling: A Bill to abolish the office of Township Commissioner in Bamberg County, and make the general law as to County government and assessment of property for taxation appli cable therein. (Without recommendation.) The B ill was read, and, on motion of Mr. ALDRICH, yvas amended as follows: By s triking out of the title of the Bill the words “and Barnwell County.” Also, Amend S ection 1, line 1, by striking out the word “Counties,” and insert in lieu thereof the word “County.” Section 1 , line 2, strike out the words “and Barnwell.”' Section 2 , line 2, strike out the word “Counties” and insert “County.” . Section 2 , line 3, strike out “Counties” and insert “County.” , S ection v2, line 4. strike out the words “and who in.” Section 2 , strike out all of line 5. Section 2 , line 6, strike out the word “dollars.” Section 2 , line 7, strike out the word “Counties” and insert “County.” Section 3 , line 2, strike out the words “and Barnwell Counties,” and insert the word “County.” Strike o ut all of Section 5. .H. R Hit—Mr. Bates: A Bill to amend Section 1210 of the Civil Code of 1902, as to the appointment of School Trustees. (Without recommendation.) On m otion of Mr. BRICE, the Bill was continued until next session of the General Assembly. H.. R 451.—Mr. \Ningo: A Joint Resolution to amend the Consti tution so as to permit the General Assembly to enact local and special laws on the subject of laying out, opening, altering and working roads and highways, and as to the age at which citizens shall be subject to road or other public duty. ( Favorable.) On m otion of Mr. BRICE, the Joint Resolution was continued ' until the next session of the General Assembly. S. J ,59.—Mr. Sharp: A Bill to authorize the Lexington and Colum 536 J OURNAL OF THE SENATE, bia R ailway Company to construct its tracks through certain Coun ties, and for other purposes. (Without reference.) On m otion of Mr. SHEPPARD. the Bill was laid upon the table. .H. R 470.—Mr. Coggeshall: A Joint Resolution, with a memorial, to refund to Mrs. S. J. Nettles and Miss E. S. McCall, of Darlington County, certain taxes. (Favorable) The B ill~was read and ordered placed on the Calendar for a third reading. .H. R 472.—Mr. Mauldin: A Bill to add another Section to Article 11., under the title the State Geologist, Civil Code of South Carolina, Vol. 1, after Section 7&0, to be known as Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Me— chanical College. (Favorable) The B ill was read, and, on motion of Mr. HOOD, \vas'amended as follows: On l ines 4 and 5, strike out the words “Clemson Agricultural and Mechanical College,” and insert the words, “the chartered institu tions of learning of this State.” On l ine 6, strike out.the word “College,” and insert the word “institutions.” Ordered p laced on the Calendar for a third reading. , .H. R 473.—Agricu1tural Committee: A Bill to amend Section 1519 of the Civil Code, 1902, exempting certain other portions of Kershaw County from the operation of the general stock law. The B ill was read and ordered placed on the Calendar for a third reading. .H. R 47-l.——Ways and Means Committee: A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain Counties, and for other purposes. (No report.) The B ill was read and placed on the Calendar for a third reading. H.. R Jr"r'5.-—Mr. Bass: A Bill to amend Section 563 of the Criminal ' Code of 1902, so as to further regulate the location and establishment of Dispensaries. (No report.) The B ill was read, and, on motion of Mr. J. W. RAGSDALE, was amended as follows: By a dding Section 2: That all corks, labels, bottles, flasks, tin foil and caps which have already been used, and which may be bought by the State Board of Control to be used at the State Dispensary, shall, before being used, be sterilized in a manner and by a method to be prescribed by the State Board of Directors, and approved by the State Board of Directors. Strike t itle and insert: FRIDAY, F EBRUARY 20, 1903. 537 “To a mend Sections 563 571 of the Criminal Code of 1902, so as to further regulate the manufacture and transportation and sale of alcoholic liquors in this State.” On m otion of Mr. DENNIS, the Bill was further amended: By a dding after the word “Horry,” on line 22 of the printed Bill, the words, “and Berkeley.” On m otion of Mr. MARSHALL, the Bill was further amended: yAmend b adding an additional Section, to be known as Section 3, to read as follows: “That the Criminal Code, 1902." Section 2 . Amend Section 57 by adding at the end of said Section the following words: “Provided, f urther, That the State Board of Directors of the State Dispensary be, and are hereby, authorized to grant privileges for the erection and operation of breweries, and establishments for the bot tling and sale of beer, styled ‘Beer Dispensaries,’ in cities of over twenty thousand population, and within one-quarter of a mile of such cities, and to designate the person to operate the same.” Ordered p laced on the Calendar for a third reading. H.. R 476.—Mr. \V. J. Johnson: Concurrent Resolution relating to final adjournment. (No report.) On m otion of Mr. SHEPPARD, the Senate concurred in the Resolution. Andt i was ordered that the same be returned to the House of Representatives. On m otion of Mr. MAYFIELD, at 2.20 o'clock P. M., the Senate took a recess until 4.30 P. M. "

RECESS.

The S enate reassembled at 4.30 o’clock P. M., and was called to order by the PRESIDENT.

REPORTSF O COMMITTEES. Mr. S TANLAND, from the Committee on Dispensary, submitted a report on S. 1 61.-—Mr. Hood: A Joint Resolution to appoint a Committee to investigate the management of the State Dispensary. Recommending t hat the same be laid upon the table. Upon i mmediate consideration, the report was adopted. The C ommittee on Free Conference, to whom was referred the 538 J OURNAL OF THE SENATE, differences b etween the two Houses on a Bill to raise supplies and make appropriations for the fiscal year commencing January lst, 1903—S. No. 405, House No. 521—respectfully report that they have duly and carefully considered the same, and recommend: 1. T hat subdivision relating to Bamberg County, as amended by the Senate, be amended as follows: (a) P age 6, manuscript Bill, after the word “dollars” and before “and said salaries,” insert “two hundred and ten dollars for salary of County Commissioners.” (b) P age 8, line 12, after “Bamberg,” strike out “three hundred,” and insert “two hundred and seventy-five.” Line 1 4, after “hundred,” insert “and ten.” Line 1 5, after “hundred,” strike out “and ten.” _ Line 1 8, after “hundred and,” strike out “fifty,” and insert “twenty—five.” 2. S ubdivision relating to Greenville County, strike out Senate amendment, whereby the word “six” was inserted in place of the word “three,” and insert the word “five.” 3. S ubdivision relating to Spartanburg County, be amended by adding the following at end of said subdivision: “That the County Treasurer of said County be, and he is hereby, authorized to transfer the surplus funds, if any, arising from the foregoing levy for interest on railroad bonds to the amount for ordinary County purposes; and the County Board of Commissioners of said County be, and are hereby, authorized to draw warrants on the Treasurer of said County to pay the interest due and to become due during the present fiscal year on the bonds issued to pay the past indebtedness of said County, and the Treasurer of said County is hereby authorized to pay such warrants out of any funds in his hands applicable to ordinary County purposes. That, in anticipation of the collection of the taxes herein before levied for the said several purposes, the County Treasurer of said County be, and he is hereby, authorized to lend to the County Board of Commissioners of said County for any one or more of said purposes, any funds in his hands to the credit of the Sinking Fund, upon the execution by said Board of a note or obligation therefor, pledging the taxes hereinbefore levied for such purposes, respect ively, for the payment of such loan, with interest thereon, and such loan shall be a prior and preferred lien upon the funds arising from the levy or levies so pledged until paid. The amount loaned for any purpose shall not exceed eighty—five per cent. of the levy for such purpose, as appears from the Auditor’s duplicate, and the said Treasurer shall see that all such loans are paid out of the funds so FRIDAY, F EBRUARY 20. 1903. 539 pledged. T hat the Treasurer of said County be, and he is hereby, required to set apart one-half of the County’s share of the profits arising from the Dispensaries in said County, to be apportioned by the County Board of Education amongst those schools in said County which are financially weak, and in proportion to their needs, so as to enable the Trustees of said schools to keep them open for so long a term as such funds, together with the other available funds, will allow. The said Board shall certify the apportionments made by it to the Treasurer, who shall pay out such funds according to such apportionments as other school funds. 4. T hat the subdivision relating to Sumter County be amended by adding the following at the end of said subdivision: “That each cotton weigher for the city of Sumter shall provide separate scales, and employ a clerk during the months of September, October, No vember and December of each year, and they shall have not less than two platforms, each of which shall be approachable from at least two sides.” 5. T hat the House agree to all other Senate amendments. .GEO. S MOWER, RICH’D I. MANNING, J. S. BRICE, Committee o n part of the Senate. ALTAMONT MOSES, J. O. W INGO, J. B. BLACK, Committee o n part of the House. On i mmediate consideration, the report was adopted, and it was ordered that a-message be sent to the House of Representatives accordingly. The C ommittee on Finance. to whom was referred certain portions of the Message of his Excellency the Governor, respectfully report that they have duly and carefully considered the same, in connection with the various Bills also referred, and beg to be discharged from the further consideration thereof. GEO.. S MOWER, Chairman of Committee. On i mmediate consideration, the report was adopted. Mr. J OHNSON, from the Committee on Enrolled Bills, reports the following Bills and Joint Resolutions correctly enrolled and ready for ratification: S. 1 27. Mr. Hood: A Bill to authorize, ratify and confirm the 540 J OURNAL OF. THE SENATE, right a nd power of Joseph J. Fretwell and his associates, their suc cessors and assigns, to construct dams across Seneca River, and the Tugaloo River, and the Savannah River, on the Georgia line, at Andersonville, McDonald’s Shoals, Stevenson’s Lodge, Tumey’s Shoals and Middleton’s Shoals. in Anderson County. S. 2 87.—Mr. Stanland: A Joint Resolution to appoint a Commis sion to pay to Colleton County the proportion due by Dorchester County of the bonds issued by Colleton County in aid of the Green Pond, \Valterboro and Branchville Railroad, and to provide for compensation for such Commission and for collection of said bonds. S. l id—Mr. Manning: A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. S. 2 05.—Mr. Mayfield: A Bill to authorize the Town Council of Bamberg to make expenditures on the public highways. S. 2 82.—-—Mr. Mower: A Bill to enable the County Board of Com missidners of Newberry County to put said County on cash basis.

PAPERS F ROM THE HOUSE OF REPRESENTATIVES.

The House sent to the Senate the following:

MESSAGE N0. 67.

In t he House of Representatives, ' Columbia, S. C., February 20, 1903. Mr. P resident and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has agreed to the report of the Committee of Free Conference on S. 4 05—H. 5‘21.-\Nays and Means: A Bill to raise supplies and make appropriations for the ﬁscal year commencing January lst, 1903. And o rdered that the title be changed to that of an Act, and that it be enrolled for ratiﬁcation. Very r espectfully, M. L. SMITH, Speakerf o the House.

Received a s information. FRIDAY, F EBRUARY 20, 1903. 541

oMESSAGE N 68. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it refuses to agree to the Senate amendments on H. R. 396.—Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure contained in Vol. 1, of the Code of Laws of South Carolina, 1902, in reference to demurrers. Very respectfully, M. L. SMITH, Speaker of the House. On motion of Mr. MANNING, the Senate insisted upon its amend ments. Whereupon the PRESIDENT appointed Messrs. Manning and Hardin a Committee of Conference on the part of the Senate. Ordered that a message be sent to the House of Representatives accordingly.

MESSAGE N 0. 69.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the report of the Committee of Free Conference on H. R. 170.—Mr. Gaston: A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to ﬁx the compensation of the Magistrate thereof and of his ’Constable. And ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratiﬁcation. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE0 N 70. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has 542 J OURNAL OF THE SENATE,

accepted y our invitation to attend in the Senate Chamber at 8.15 o'clock P. M., this day, for the purpose of ratifying Acts. Very respectfully, M. L. SMITH, Speaker of the House. Received a s information.

EXECUTIVE SESSION.

On m otion of Mr. BROWN, the Senate went into executive ses sion at 9 o’clock P. Mr At 9 .40 o’clock P. M., the Senate returned to open session. On m otion of Mr. MOWER, the seal of secrecy was removed from the proceedings of the executive session so far as the same relates to appointments made by the Governor and conﬁrmed by the Senate, and the same were ordered published in the Journal, to wit:

CONFIRMATION. A PPOINTMENTS BY GOVERNOR MCSWEENEY. CHESTER.

T. B. McKeown, Magistrate, Blackstock, February 22, 1902.

DARLINGTON.

.J. W Boykin, Magistrate, Lamar, for his unexpired term, Decem ber 11, 1902. FAIRFIELD.

Sheridan. R Rutland, Magistrate, Horeb, vice D. G. Ruﬁ, resigned, O;dtober 9, 1902. Samuel F . Castles, Magistrate. Horeb, vice S. R. Rutland, re signed, November 11, 1902.

FLORENCE.

.A. P Hutchinson, Magistrate, Cowards, Lynches Township, "vice W. W. Graham, deceased, October 24, 1902.

GEORGETOWN.

.B. H Henderson, Probate Judge, to ﬁll unexpired term of Wm. R. VVoodbury, resigned, March 1, 1902. FRIDAY, F EBRUARY 20, 1903. 543

LEXINGTON.

JulianI. N Marchant, Magistrate, Brookland, vice H. M. Carley, resigned, April 5, 1902. LEE.

.E. F Burrows, Heriots, G. E. DuBose, Cypress, D. N. Matthews, Ionia, Supervisors of Registration, April 4, 1902. John R hame, Bishopville, J. P. Mazingo, Stokes Bridge, J. T. Munnerlyn, Smithville, J. W. Reid, St. Charles, Magistrates, Novem ber 22, 1902. ' T.. B Rhame, Magnolia, Magistrate, November 28, 1902. G.. F Parrott, County Treasurer, Bishopville, November 14, 1902. C.V. \ W oodham, County Auditor, Stokes Bridge, November 14, 1902.

MARION.

.W. M Davis, Magistrate, Whitmires, vice S. A. Merchant, re signed, July 22, 1902.

MESSAGE N o. 6.

Statef o South Carolina, Executive Chamber, . C olumbia, February, 19, 1903. To the -Honorable the President and Gentlemen of the Senate: I h ave the honor to transmit for your advice and consent a list of appointments made by me for the various offices in the different Counties of our State. Very r espectfully, D. C. HEYWARD, Governor. AIKEN C OUNTY.

.J. A M. Gardiner, Treasurer, Aiken. Dave. H \rVise, Auditor, Aiken. District ' No. 1, Magistrate, L. R. \Veeks, Aiken. District N o. 3, Magistrate, H. S. Evans, Windsor. District N o. 5, Magistrate, H. B. Garvin, VVagener. District N o. 6, Magistrate, E. B. Gunter, Seivern. District N o. 7, Magistrate, Geo. McCormick, Ridge Spring. 544 J OURNAL OF THE SENATE, . District N o. 8, Magistrate, W. H. Sawyer, Sawyer. District No. 9, Magistrate, J. P. Robin, V aucluse. District N o. 10, Magistrate, D. H. Turner, Grahamville. District No. 11, Magistrate, S. S. Lee, Langley. District N o. 12, Magistrate, Henry Getzen, North Augusta. District No. 13, Magistrate, Frank Dunbar, Beech Island. District No. 14, Magistrate, Abram Widener, Hawthorne. District No. 15, Magistrate, J. M. Cobb, Silverton. .A. R Bush, Magistrate, Ellenton. District N o. 16, Magistrate, E. J. Craig, \Narrenville.

ABBEVILLE.

Walter W ilson, Magistrate, Due West. Cedar Springs Township, Magistrate, J. S. Gibert. Calhoun Mills Township, Magistrate, M. L. Stanton, Mount Car mel. Donalds Township, Magistrate, C. V. Martin, Donalds P. O. Donalds Township. Magistrate, J. Melvin Ashley, Honea Path. Due West Township, Mag'strate, A. R. Ellis, Due West. . Long Cane Township, Magistrate, A. F. Calvert, Abbeville. Indian Hill Township, Magistrate, W. Young, Troy. Abbeville Township, Magistrate, M. E. Hollingsworth, Abbeville. Diamond Hill Township, Magistrate, S. B. Knox, Antreville. - Lowndesville Township, Magistrate, J. G. Huckabee, Lowndes ville. ' Magnolia Township, Magistrate, A. A. Edwards, Calhoun Falls. Bordeaux Township, Magistrate, T. J. Price, McCormick. R. E. Cox, County Auditor, Abbeville. W. T. Bradley, County Treasurer, Abbeville. L. A. Shannon, Donalds, Richard Sondley, Abbeville, Board of County Commissioners.

BAMBERG C OUNTY.

R. \ IV. D. Rowell, Auditor, Bamberg. Jno. F. Folk, Treasurer, Bamberg. W.. W Lightsey, Magistrate, Bamberg. S. G. Ray, Magistrate, Denmark. .J. C Copeland, Magistrate, Ehrhardt. J. H. Fender, Magistrate, Fish Pond. M. D. Reed, Magistrate, Ol-ar. FRIDAY, F EBRUARY 20, 1903. 545 BERKELEY C OUNTY.

.C. M \Viggins, Auditor. , Near H olly Hill, Magistrate, A. E. McCoy, Bowyer. Hilton’s C ross Roads, Magistrate, H. H. Murray, Long Ridge. Caines Roads, Magistrate, Droze, Summerville. Ten M ile Hill,'Magistrate, J._P. Clarke, Ten Mile Hill. Calamus Pond, Magistrate. J. R. Spiers, Trial. Court H ouse, Magistrate, R. R. Lindsay, Trial. Oakley, M agistrate, M. J. Motte, Oakley. Townf o St. Stephens, Magistrate, J. \V. Wilder, St. Stephens. Blake P. O., Magistrate, Guerry, Blake. Wrens, M agistrate, P. G. Palmer, Wrens. Honey H ill, Magistrate, E. Wilson, Honey Hill. Cain H oy, Magistrate, C. E. Dutart, Wando. Huger’s B ridge, Magistrate, J. M. Murray, Huger’s P. O.

CHESTER C OUNTY. W.. O Guy, County Treasurer, Chester. I. McD. Hood, County Auditor.

CHESTERFIELD C OUNTY. .I. P Mangum, County Treasurer, Chesterfield. .E. F Mulloy, County Auditor, Chesterfield. Cheraw, M agistrate, Samuel H. Reid, Cheraw. Cheraw, Samuel W. Brock, Brock's Mill. Court H ouse, Magistrate, C. M. Hunt, Chesterfield. Mt. Croghan, Magistrate, J. Clifton Rivers, Mt. Croghan. Old Store, Magistrate, Robert H. Blakeney, Irvington. Jefferson, Magistrate, Geo. R. Sowell, Jefferson. Alligator, Magistrate, J. P. Morrison, McBee. Cole H ill, Magistrate, A. Jackson Smith, Lavender. Steer Pen, Magistrate, T. B. Campbell, Cheraw.

DARLINGTON C OUNTY. J.. P Mozingo, Jr., County Auditor, Darlington. W.. H Lawrence, County Treasurer, Darlington. Magistrate No. 1, John Floyd, Darlington C. H. Magistrate No. 2, Henry E. .P. Sanders, Darlington C. H. Magistrate at Hartsville, J. S. White, Hartsville. Magistrate at Lamar, J. \V. Boykin. Lamar. Magistrate a t Society Hill, D. L. Winters, Society Hill. 546 J OURNAL OF THE SENATE,

DORCHESTER C OUNTY.

Ravenel, M agistrate, J. L. Platt, Ravenel.

EDGEFIELD C OUNTY. J.. B Haltiwanger, Auditor, Edgefield. C.. M Williams, Treasurer, Edgefield. First D istrict, Magistrate, N. L. Brunson, Edgefield. Second D istrict, Magistrate, T. H. Clark, Trenton. Third D istrict, Magistrate, P. B. Waters, Johnston. Fourth D istrict, Magistrate, T. E. Miller, Collier. Fifth D istrict, Magistrate, John Brunson, Parksville. Sixth D istrict, Magistrate, L. G. Bell, Cold Spring. Seventh D istrict, Magistrate, P. W. Cheatham, Cleora. Eighth D istrict, Magistrate, Ransom Timmerman, Pleasant Lane.

FLORENCE C OUNTY.

FUZ>lTlFUOlT1W . S Smith, Magistrate, Florence. .. W Lloyd, Magistrate, Florence. .. W Atkinson, Magistrate, Timmonsville. .. O Lockhart, Magistrate, Cartersville. lijah B rown, Magistrate, Eﬁingham. .. P Hutchinson, Magistrate, Lynch’s P. O. (Cowards). . M. Thompson, Sr., Magistrate, Bethlehem. com .. P Poston, Magistrate, Hannah. .. J Hyman, Magistrate, Hymans. I .. L Darr, Auditor, Florence.

GREENWOOD C OUNTY.

.J. A Marshall, County Treasurer, Greenwood. T. A. Graham, County Auditor, Greenwood.

HAMPTON C OUNTY.

Lawton T ownship, Magistrate, R. M. Daley. Coosawhatchie Township, Magistrate, W. A. Sauls. Pocotaligo Township,'Magistrate, Henry McTeer. Robert Township, Magistrate, J. J. Conniffe. Goethe T ownship, Magistrate, W. T. Hamilton. Peeples Township, Magistrate, J. P. Bowers. FRIDAY, F EBRUARY 20, 1903. 547

LAURENS C OUNTY.

C.. A Power, County Auditor, Laurens. J.. H Copeland, County Treasurer, Laurens. Liturens, M agistrate, John M. Hudgens, Laurens. Dial, Magistrate, P. M. Hellams, Laurens. Sullivan, M agistrate, J. P. Elledge, Tumbling Shoals. Waterloo, Magistrate, G. W'. Culbertson, Ekorn. Cross Hill, Magistrate, B. Goodman, Hill. Hunter, M agistrate, W. M. McMillan, Clinton. Scufﬁetown, Magistrate, J. W'. Donnan, Tylersville. Youngs, Magistrate, W. W. \Vallace.

LEE C OUNTY.

L. H. Peeples, Magistrate, Lucknow.

LEXINGTON COUNTY.

S.. H Harman, member Board of Equalization to ﬁll vacancy, Lex ington. - G.. A Derrick, County Auditor, Lexington. Frank. W Shealy, County Treasurer, Lexington. First D istrict, Magistrate, H. A. Meetze, Lexington. Second D istrict. Magistrate, John P. Richardson, White Rock. Third District, Magistrate, F. P. Shealy, Fredonia. Fourth D istrict, Magistrate, L. P. Smith, Swansea. Fifth D istrict, Magistrate, J. M. Marchant, New Brookland. Sixth District, Magistrate, C. R. Rich, Pelion.

MARION C OUNTY.

F.. T McLellan, Marion. .W. M McInis, Supervisor of Registration, Dillon. James D. Montgomery, County Treasurer, Marion. J. D. McLucas, Master. Marion. J.. B McCutchen, Magistrate, Latta. T.. E Fore, Magistrate, Oak Grove. W.. J Leddingham, Magistrate, Centenary. B.. E Altman, Magistrate, Mt. Nebo. .D. J Oliver, Magistrate, Marion. John F ore, Magistrate, Dillon. 36—5. J.—(500) 548 J OURNAL OF THE SENATE, .Jas. A Stone, Magistrate, Judson. B. F. Edwards, Magistrate, Gad'dy. S. L. Page, Magistrate, Campbell’s Bridge. W. M. Davis, Magistrate, Mullins. C. L. Willis, Magistrate, Bingham.

ORANGEBURG C OUNTY.

Tenth D istrict, Magistrate, Dennis B. Shanahan, Neeses.

RICHLAND C OUNTY

J.. S V erner, Master, Columbia. .W. H Gibbes, Jr., Auditor, Columbia. P.. B Spigner, Treasurer, Columbia. Columbia, Magistrates, B. P. McMaster, Robert Moorman. W'averly, Magistrate, Earnest H. Dent. Eastover, Magistrate, S. A. Phillips. Gadsden, Magistrate, F. E. Williams. Camp Ground, Magistrate, A. R. Hinnant. Davis, Magistrate, Jolin H. Cobb. Killians, M agistrate, Thomas-F. Davis. Hopkins, Magistrate, B. S. Rawl. Gamers, M agistrate, W. T. Lucius. Wateree, Magistrate, J. E. Touchberry.

SPARTANBURG C OUNTY.

W.. G S. O’Shields, County Auditor, Spartanburg. .W. L Epps, County Treasurer, Spartanburg. A.. H Kirby, Magistrate, Spartanburg. John. S Garris, Magistrate, Spartanburg. M. H ines, Magistrate, Paris. J. L . Perry, Magistrate, Moore. D.. H Leonard, Magistrate, Pelham. B.. B Bishop, Magistrate (appointed Magistrate January 3lst, 1903), Inman. ' D.. H Golightly, Magistrate, Clarence. .J. L Poole, Magistrate, Campobello. G.. M Hicks, Magistrate, New Prospect. E. P otter, Magistrate, Cowpens. J.. H Williams, Magistrate, Converse. M.N. \ Walker, Magistrate, Glendale. FRIDAY, F EBRUARY 20, 1903. 549

.D. T Gossett, Magistrate, Trough. J.. B Bragg, Magistrate, Woodruff. E.. B Donald, Magistrate, Enoree. J.. M Dean, Magistrate, Duncans. John. N Smith, Magistrate, Dutchman. M. P. Patton, Magistrate, Cross Anchor.

SUMTER C OUNTY.

First D istrict, Magistrate, H. H. Player, Shiloh. Second D istrict, Magistrate, George T. DesChamps, Mayesville. Third D istrict, Magistrate, H. L. R. Wells, Sumter. Fourth D istrict, Magistrate, W. A. Nettles, Ramsey. Fifth D istrict, Magistrate, W . Rees, W edgeﬁeld. Sixth D istric't, Magistrate, R. C. Folk, Providence. Timothy. W Lee, County Treasurer, Sumter. James D iggs Wilder, County Auditor, Sumter. The S umter County delegation hereby recommend the appointment of Mr. W. J. Reese as Magistrate from Middleton Township, vice V. P. Kelly, resigned. W'.. J Reese, Magistrate for Middleton Township, vice B. P. Kelly, resigned, Wedgeﬁeld.

UNION C OUNTY.

.C. H Peak, Master, Union. .Jno. G Farr, County Auditor, Union. .Frank P O’Shields, Supervisor of Registration, to ﬁll unexpired term of W'm. Smith, deceased, Jonesville. J.. H Bartles, County Treasurer. Union. Jonesville T ownship, Magistrate, J. W. Bates, Jonesville. Cross K eys Township. Magistrate, J. W. Gorr, Cross Keys. Bogansville T ownship, Magistrate, S. P. Bogan, West Springs. Lockhart M ills Township, Magistrate, J. L. Hames, Lockhart. Santuc T ownship, Magistrate, B. F. Gregory, Santuc. Goshen H ill Township, Magistrate, S. B. Simms, Delta. Fishdam T ownship, Magistrate, W. E. Ratchford, Carlisle.

RATIFICATION O F ACTS.

At 8 .15 o’clock P. M. the Honorable the Speaker and the members of the House of Representatives attended in the Senate Chamber when the following Acts and Joint Resolutions were duly ratified: 550 J OURNAL OF THE SENATE, S. 2 16.——Mr. Dennis: An Act to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso. S. 2 87.--Mr. Stanland: A Joint Resolution to appoint a Commis sion to pay to Colleton County the proportion due by Dorchester County of the bonds issued by Colleton County in aid of the Green Pond, VValterboro and Branchvi‘l'le Railroad, and to provide for com pensation for such Commission and for collection of said bonds. S. 2 82.—Mr. Mower: An Act to enable the County Board of Com missioner's of Newberry County to put said County on cash basis. S. ( 35.—Mr. W. Ragsdale: A Joint Resolution to refund to Mrs. Carrie Hallford, of Florence County, $36.03 as a rebate on taxes im properly paid. S. 1 44.—-Mr. von Kolnitz (by request) : An Act to amend Chapter 89 of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said chapter and by adding certain Sections thereto. S. 2 8.—M r. J. W'. Ragsdale: An Act to regulate and fix the liabil ity of railroad companies having a relief department to its employees. S. 2 62.-—Mr. Stackhouse: An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establish ment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886,” approved December 18th, 1894, so as to increase the limit of special tax, and so as to provide for the purchase of grounds and houses, and for building and equipping houses, and to provide for contingent fee. ' ‘ S. 1 46.—Mr. Manning: An Act to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments. S. 2 05.—-Mr. Mayfield: An Act to authorize the Town Council of Bamberg to make expenditures on the public highways. S. 3 54.—Mr. Manning: An Act to provide for the charter fees for domestic Building and Loan Assocations. S. 1 94.—Mr. Hood: An Act to amend Section 557 of Criminal Code of 1902 by striking out the last proviso thereof. S. 8 5.—Mr. Walker: An Act to authorize the construction and maintenance of a dam across Kinloch Creek, in Georgetown County. S. 2 65.—-Mr. Peurifoy: An Act to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commission ers of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commis FRIDAY, F EBRUARY 20, 1903. 551 osioners t pledge the levy for ordinary County purposes for the year 1903, to secure the same. H. R. 321.—Mr. Bomar: An Act to incorporate the Electric Man ufacturing a nd Power Company of Spartanburg. H. R. 303.—.\Ir. Dowling: An Act to authorize and empower Bamberg S chool District No. 14, of Bamberg County, in the State of South Carolina, to issue bonds for the purchase of a lot and the erec tion and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon. H.. R 3()6.—.\Ir. Gaston: An Act to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien of certain mortgages. H.. R 133.—Mr. Glover: An Act to abolish the office of Phosphate Inspector and to devolve the duties heretofore imposed on him on the State Geologist. H.. R 391—Mr. Morgan (by request) : An Act to amend an Act entitled “An Act to amend Section 431, Vol. 2, Revised Statutes, 1893. so as to prohibit sale and shipping of partridges for five years,” approved February 9, 1900, so as to include deer and wild turkeys within its provisions, approved February 25, 1902, as to the burden of proof. H.. R 392.—Mr. Harrellson: An Act to amend Section 4 of an Act ‘ entitled “An Act to fix the amount of the compensation to be paid to the County oflicers of the various Counties of the State," approved 27th day of February, A. D. 1902, so as to increase the salary of the Sheriff of Horry County. .H. R 399.—Substitute: An Act to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carry ing. manufacturing and sale of pistols, and to make a violation of the same a misdemeanor,’ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof,” approved 25th February, 1902, by prohibiting leasing, renting, bartering, ex changing and handling pistols. S. 4 24.—Mr. Butler :- A joint Resolution to validate a special elec- - tion and levy in Blacksburg Graded School District, held 13th Feb ruary.

RECONSIDERATION.

On m otion of Mr. HYDRICK, the Senate reconsidered its action refusing to concur on 552 J OURNAL OF THE SENATE.

S. 9 3.—-Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relativeo t the persons entitled to pensions. On motion of Mr. HYDRICK, the Senate agreed to the amend— ments m ade by the House of Representatives. Ordered t hat the title be changed to an Act, and the Act be enrolled for ratiﬁcation. On m otion of Mr. SHARPE, the Senate reconsidered the vote whereby H.. R 4.47.—Mr. Youmans: A Joint Resolution to require the State and County of Hampton to refuind to J. C. Langford certain funds paid said State and County by said J. C. Langford (Treasurer of Hampton County), and to provide the manner of payment thereof. (Favorable, with amendments.) Passed t he third reading and was ordered placed on the Calendar for a third reading. On m otion of Mr. SHARPE, the Joint Resolution was continued until next session.

SECOND R EADING BILLS.

H.. R 402.—Mr. Lanham: A Bill to require common carriers of passengers to transport baggage .or sample trunks of two hundred and ﬁfty pounds weight, or less, free of charge, with any passenger. (Without reference.) On m otion of Mr. HAY, the Bill was continued until the next session of the General Assembly. .H. R 415.—C0n1mittee report by Substitute Bill to impose a capi tation tax upon all-dogs. (Favorable, with amendments.) The B ill was read, and, on motion of Mr. BRICE, the amendment proposed by the Committee was adopted, to wit: Section 7 . It shall be the duty of the County Auditor and Town ship Assessors to enforce the provisions of this Act, so far as it relates to listing dogs for taxation. Ordered p laced on the Calendar for a third reading. ' .H. R Jr20.—Mr. Sinkler: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1. (Favorable) ' amended The B ill as was follows: read, and, on motion i of Mr. VON KOLNITZ, was

Strike o ut all after the word “Provided,” in Section 1, and insert the following: “That no railroad shall be required to charge a pas— senger fare of less than ﬁve cents for the entire distance traveled.” Ordered p laced on the Calendar for a third reading. FRIDAY, F EBRUARY 20, 1903. 553

On m otion of Mr. SHEPPARD, the Senate receded from business until 8 o’clock P. M.

RECESS.

The S enate reassembled at 8 o’clock P. M ., and was called to order by the PRESIDENT.

RESOLUTION.

By M r. JOHNSON: Resolved, T hat the Honorable the Speaker and members of the House of Representatives be invited to attend in the Senate Chamber, this day at 1.0 P. M., for the purpose of ratifying Acts. On i mmediate consideratib'n, the Resolution was adopted, and it was ordered that an invitation be sent to the Housepf Representatives accordingly. ' ‘

REPORTSF O COMMITTEES.

Columbia, S . C., February 20th, 1903. The Judiciary Committee, to whom was referred a message from . his Excellency Governor M. B. McSweeney, in reference to the claim of Hon. O. W. Buchanan for an alleged balance on account of salary as Circuit Judge for four years, begs leave to submit the following report: ' The q uestion for determination is, to what salary was Judge Bu chanan entitled at the time of his election and qualification as Circuit Judge? To determine this question it is necessary to examine the Acts of the General Assembly upon the subject of salaries. The case is covered by an Act entitled “An Act to reduce the salaries of State Ofiicials, clerks and employees.” which was approved on the 22d day Of December. 1893, 21st Statutes at Large. page 416. In this Act the salary of Circuit Judges was fixed at $3,000 per annum. The second Section of this Act provides that so much of Section 1 as refers to the salary of Governor, Lieutenant Governor, Chief Justice and Associate Justices of the Supreme Court and Circuit Judges of the State and the State T reasurer. shall not take effect until-the successor in office 0f the present incumbent of said offices shall be commissioned. Sec tion 3 of the Act further provides that this Act shall go into effect 554 J OURNAL OF THE SENATE,

upon a nd after the lst day of January, 1894. At the time of the pas sage of this Act the Hon. Thos. B. Fraser was the Judge of the Third Judicial Circuit, and continued to hold said office until the day of December, 1894. The H on. O. W. Buchanan was elected to succeed Hon. Thos. B. Frasern o the 4th day of December,'1894, and was commissioned on the 8 th day of December, 1894. The general appropriation Act for the fiscal year commencing November lst, 1893, made an appropri ation for the salary of Circuit'Jiidges on the basis of $3,000 for the fiscal year commencing November 1st, 1893, and ending October 3lst, 1894, and made no appropriation beyond the last mentioned date. This General Appropriation Act, in Section 13 thereof, how ever, goes on to provide, “that in the event that salaries or other compensation for services now provided for by law for officers, clerks and other persons for which appropriation is herein made, shall be fixed by law at other rates than those herein provided for, such rate shall not affect such salary or other compensation for the year 1894, but the amounts herein appropriated shall be paid them.” The General Appropriation Act for the fiscal year commencing November 1st, 1894, in the second Section, appropriates for the salary of the two Circuit Judges of the Third and Eighth Judicial Circuits, $6,000 for said fiscal year. This Act was approved December 24th, 1894. On. t his statement of facts your Committee is of the opinion that the annual salary fixed by law for the Circuit Judges of the Third and Eighth Judicial Circuits at the time of the election of the Hon. 0. W. Buchanan was, the sum of $3,000. In t he opinion of the Committee the only ground'upon which this conclusion is or can be assailed must be based upon Section 13, quoted from the General Appropriation Act for the fiscal year com— mencing November lst, 1893, and ending on the 3lst day of October, 1894. It is a sufficient reply to this idea to state: 1. T hat said Appropriation Act for the fiscal year 1893-94 could only have effect for such fiscal year—indeed, its title limits it to the Blst day of October, 1894. 2. T hat by the terms of Section 13 there was no appropriation beyond the 315t day of October, 1894. 3. T hat the General Assembly has so construed the Appropriation Act for the fiscal year 1893-94, because in the appropriations for the succeeding fiscal years the appropriation for the salary of the Circuit Judges of the Third and Eighth Judicial Circuits was based upon the General Salary Act first above referred to. 4. T hat even for the sake of argument, admitting that these obser FRIDAY, F EBRUARY 20. 1903. 555 vations a re not sound, and that the Salary Reduction Act was affected by Section 3 of the General Appropriation Act of 1893-94, we would have the condition presented where the law existing at the time of the election of the Judge of the Third Judicial Circuit in relation to the salary attached to said office, was that the salary of said Circuit Judge should be at the rate of $3,500 per year for the remaining days in the year 1894, and thereafter at the rate of $3,000 per annum. sIt i the opinion of the Committee, however, that Section 13 of the General Appropriation Act for the fiscal year 1893-94 does not and was not intended to affect the salaries provided in the Salary Act, so far as salaries were concerned, after the expiration of the fiscal year 1893-94. The reference to the year 1894 was evidently intended to refer to the fiscal year 1893-94. This is apparent from the terms used in the Section. S.. G MAYFIELD, GEO. S. MOWER, T. M. RAYSOR, .D. E HYDRICK, W. C. HOUGH, .E. F WARREN, THOS. TALBIRD, GEO. W. BROWN, _ J. T. HAY, .GEO. F VON KOLNITZ, JR., J. W. RAGSDALE. Received a s information.

The C ommittee of Conference, to whom was referred H. B. No. 271, entitled a Bill to amend Section 759, Civil Code of South Caro lina, Vol. 1, increasing the salary of Supervisor to eight hundred dol lars in Clarendon County, respectfully report that they have duly and carefully considered the same, and report that they have failed to agree, and ask that a Committee of Free Conference be appointed. .GEORGE W BROWN, J. S. BRICE, On the part of the Senate. J. H. LESESNE, A. L. GASTON, HORACE L. BOMAR, On the part of the House. On i mmediate consideration, the report was adopted. Whereupon the PRESIDENT appointed Messrs. Hydrick, Raysor 556 J OURNAL OF THE SENATE, .and J W'. Ragsdale a Committee of Conference on the part of the Senate. Ordered that a message be sent to the House of Representatives ' accordingly. _ The C ommittee of Free Conference, to whom was referred House Bill No. 218, being a Bill to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2 of the Code of Laws of South Caro lina, 1902, in reference to demurrers, respectfully report that they have carefully considered the same, and recommend the following: o1. T strike out the words “or answer,” on line 6, of page 1, and insert after the word “action,” on line 7, of page 1, the following: “or that the answer does not state facts sufficient to constitute a defense.” 2. I nsert the words "plaintiff or,” on line 2, of page 2, between the words “the” and “defendant.” 3. S trike out the words “or answer,” on line 5, on page 2, and in sert on line 6, page 2, after the word “action,” the words, “or that the answer does not state facts sufficient to constitute a defense.” 4. I nsert the words, “or that the answer does not state facts suffi cient to constitute a defense,” on page 2, line 9, after the word “ac tion.” - J.. S BRICE .C. M DAVIS, J.. W RAGSDALE, On t he part of the Senate. JOHN H. CLIFTON, T. B. FRASER, R.. S W HALEY, On t he part of the House.

On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives ac cordingly. , Mr. J OHNSON, from the Committee on Enrolled Bills, reports the following Bills and Joint Resolutions correctly enrolled and ready for ratification: S. 1 9.~—Mr. Douglass: A Bill to amend Section 169 of the Crimi nal Code, so as to give Magistrates jurisdiction of stealing from the field when the property stolen does not exceed ten dollars in value. S. 3 87.—The Committee on Public Buildings: A Bill to amend Section 633 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the furni ture of the Senate Chamber and Committee rooms. FRIDAY, F EBRUARY 20, 1903. 557 S. 2 50.-—Mr. Sheppard: A Bill to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegeta ble farms; to prevent contagious diseases and destroy destructive insects in orchards, vineyards and other places in the State. 5. 6 0.——Mr. Carpenter: A Bill to authorize and require County Commissioners to refund certain commutation road tax. S. 4 10. Mr. Hood: A Bill to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the office of Clerk of Court for said County. S. 1 59.—.‘\Ir. Davis: A Bill to provide for building a jail for Clar endon County, to authorize the borrowing of money therefor, and to provide for the repayment thereof. S. 1 51.—Mr. Marshall: A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen sary Law, so as to allow wholesale druggists to sell alcohol without profit to licensed druggists. S. 3 81.—Mr. von Kolnitz: A Bill to amend Section 38 of Criminal Code of Laws of South Carolina, 1902, relating to grand juries. S. 3 80.—Mr. Herndon; A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County, one hundred and seventy-five dollars as commissions for dis bursing the Court House and Jail fund. S. 4 08.——Mr. Peurifoy: A Joint Resolution to authorize and require the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A . Malone certain taxes improperly paid. S. 4 24.—Mr. Butler: A Joint Resolution to validate a special elec tion and levy in Blacksburg Graded School District, held 13th Feb ruary. S. 2 72.—Mr. Brown: A Bill to amend Section 1208 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to limit the time of elec tions provided for therein. S. 3 52.—Mr. Douglass: A Joint Resolution to empower towns and Cities of five thousand inhabitants and over to subscribe the mainte nance of public libraries. 5. 3 56.-—Mr. Johnson: A Bill authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. S. 2 90.—Mr. Aldrich: A Bill to authorize municipal or other corpo rations or individuals to lay pipes for water supply across public roads and non-tidal navigable streams. S. 1 21.——Mr. Gaines: A Bill to require banks having on deposit 558 J OURNAL OF THE SENATE,

State f unds to render to the State Treasurer, at designated times, statements showing balance on hand to credit of the State. S. 1 64.—Mr. von Kolnitz: A Bill to amend Section 278 of the Criminal Code, 1902, by making certain offenses in connection with party registration and primaries misdemeanors. and prescribing penalties therefor. S. 6 .—Mr. Dean: A Bill relating to the powers of manufacturing corporations. S. 1 90.—Mr. von Kolnitz: A Bill to amend Section 258 of the Civil Code, 1902, by prescribing certain qualifications for voters on and certain regulations in connection with party registration for pri mary elections in Counties containing a city of forty thousand inhabitants or more, and for the prevention of frauds and illegal voting in the same, S. 2 60.—Mr. Forrest: A Bill to confirm the title to certain land made by the County Board of Commissioners of Saluda County. S. 2 66.—Mr. Raysor: A Bill to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds and erecting and maintaining a public school building, and to provide for the interest accruing thereon,” approved 27th February, 1902. S. 1 8.—Mr. Gaines: A Bill to fix the weight and regulate the trade in corn meal. S. 1 57.—Mr. Talbird: A Bill to amend the Code of South Carolina, 1902, Volume 1 (Civil Code),.by inserting Section to be known as Section 2096a, in regard to freight rates on melons. V S. 2 85.—-—Mr. Blake: A Joint Resolution to provide for the pay ment of seventy-five dollars to J. S. Gibert, ex-Superintendent of Education of Abbeville County. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The House sent the Senate the following: H. R. 481.—Sundry claims from the Engrossing Department, $127.16. On i mmediate consideration, the claim was approved and ordered to be returned to the House of Representatives. MESSAGE N 0. 71. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body 'that it has FRIDAY, F EBRUARY 20, 1903. 559 appointedn o the Committee of Conference on the part of the House, Messrs. DeBruhl, Coggeshall and Gause, on H. 218—S. 396.—Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers. Very respectfully, M. L. SMITH. Speakerf o the House. Received as information. MESSAGEo N 72. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed as the Committee of Free Conference on the part of the House. Messrs. Clifton, Fraser and Whaley, on H. 2 18—8. 396.—Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2 of the Code of Laws of South Carolina, 1902. in reference to demurrers. Very r espectfully. M. L. SMITH, Speakerf o the House. Received as information.

MESSAGE N o. 73. In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it ac cepts your invitation to attend in the Senate Chamber at 10 o’clock P. M. this day. Very r espectfully, M. L. SMITH. fSpeaker o the House. Received as information.

MESSAGE N o. 74 In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has 560 J OURNAL OF THE SENATE,

appointed o f the Committee of Conference on the part of the House, Messrs. Lesesne, Bomar and Gaston, on H. 8 71—5. 398.—Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. Very r espectfully, M. L. SMITH, Speaker of the House.

Received a s information.

MESSAGE0 N 75.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has adopted the report of the Committee of Free Conference on H. 218—S. 396.--Mr. Clifton: A Bill to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2, of the Code of Laws of South Carolina, 1902, in reference to demurrers. Very respectfully, M. L. SMITH, Speaker of the House.

Received a s information.

MESSAGE0 N 76. '

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has adopted the report of the Committee of Free Conference, on H. R. 147.-—Mr. Morgan: A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintain ing of the highways and bridges of this State,” approved the 26th day of February, 1902. - Very respectfully, M. L. SMITH, Speaker of the House. Received a s information. FRIDAY, F EBRUARY 20, 1903. 561

MESSAGE N 0. 77.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed on the part of the House, Messrs. Moses, Thomas, Jr., and Tatum, as a Committee under Concurrent Resolution (S. 4 80), providing for an investigation of the system of taxation. Very r espectfully, - M. L. SMITH, Speaker of the House. Received as information.

MES S AGE N0. 78.

In t he House of Representatives, Columbia, S. C., February 20, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has. appointed of the Committee of Free Conference on the part of the House, Messrs. DeVore, DeBruhl and Lancaster, on H. 2 71—8. 398.—Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. Very r espectfully, M. L. SMITH, Speaker of the House. Received as information. ' S PECIAL ORDER.

H.. R 116.—Mr. Ford: A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2, providing for ten-year convicts to serve. sentences on public works of the County. The B ill was read the third time. The q uestion being put, “Shall this Bill pass and be returned to the House of Representatives, with amendments P” it was decided in the afﬁrmative.

GENERAL O RDERS. THIRD READING BILLS. S. 1 6.—Mr. von Kolnitz (by request): A Bill to amend Section 562 J OURNAL OF THE SENATE,

2165f o the Code of Laws of South Carolina, 1902, Volume 1. ( Favorable.) On m otion of Mr. VON KOLNITZ, the Bill was laid upon the table. S. 4 58.-—Mr. Sharp: A Bill to validate the election for Intendant and Wardens of the town of Swansea, which was held on the 13th day of January, 1903. (Without reference or printing.) On m otion of Mr. BRICE, the Bill was continued until the next session of the General Assembly.

' S ECOND READING BILLS.

S. 2 10.—Mr. Mayﬁeld: A Bill to establish an Industrial Commis sion and regulate the duties thereof, and provide compensation there for. (Favorable) On m otion of Mr. BRICE, the Bill was continued until the next session of the General Assembly.

RECONSIDERATION.

Mr. M ANNING moved to reconsider the vote whereby .H. R 449.—Mr. Bates: A Bill to amend Section 1210 of the Civil Code of 1902, as to appointment of School Trustees. Had b een continued until the next session. The m otion was adopted. On m otion of Mr. MANNING, the Bill was laid upon the table. Mr.. J W. RAGSDALE moved to reconsider the vote whereby .H. R 431.——Mr. Davis: A Bill to amend Section 176 of the Crimi nal Code, Vol. 2, Code of Laws, 1902, relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. (Favorable, with amendment.) sW a passed and ordered placed on the Calendar for a third reading, which Was agreed to. The B ill was read, and. on motion of Mr. J. W. RAGSDALE, was amended as follows: By a dding as Section 2: . “Section 2 . Provided, That any owner of any fence intended for purposes speciﬁed in this Section who shall wilfully and with pur pose of turning stock out of any enclosure or into any crops, remove, destroy or leave down any portion of any such fence, or leave open any gate or bars, shall be deemed guilty of a misdemeanor, and shall be subject to the penalties provided in this Section. Ordered p laced on the Calendar for a third reading. FRIDAY, F EBRUARY 20, 1903. 563 The S ergeant-at-Arms announced the Honorable the Speaker and members of the House of Representatives.

RATIFICATION O F ACTS.

The H onorable the Speaker and members of the House of Repre sentatives attended in the Senate Chamber at 10 o'clock P. M., when the following Acts and Joint Resolutions were duly ratified: S. 1 27.—Mr. Hood: An Act to authorize, ratify and confirm the right and power of Joseph J. Fretwell and his associates, their suc cessors and assigns, to construct dams across Seneca River, and the Tugaloo River, and the Savannah River, to the Georgia line at An dersonville, McDonald’s Shoals, Stevenson’s Lodge, Tumey’s Shoals and Middleton’s Shoals, in Anderson County. S. 4 24.-—Mr. Butler: A Joint Resolution to validate a special elec tion and levy in Blacksburg Graded School District, held 13th Feb— ruary. S. 3 80.—Mr. Herndon: A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County one hundred and seventy—five dolars as commissions for dis bursing the Court House and Jail fund. S. 2 72.—Mr. Brown: An Act to amend Section 1208 of the Civil Code (Vol. 1., Code of Laws, 1902), so as to limit the time of elec tions provided for therein. S. 3 81.—Mr. von Kolnitz: An Act to amend Section 38 of Crimi nal Code of Laws of South Carolina, 1902, relating to grand juries. S. 4 08.—Mr. Peurifoy: A Joint Resolution to authorize and re quire the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid. S. 3 52.—~Mr. Douglass: A Joint Resolution to empower towns and cities of five thousand inhabitants and over to subscribe the mainten— ance of public libraries. S. 3 56.-—Mr. Johnson: An Act authorizing the City Council of Aiken to fix and pay unto the Mayor an annual salary. S. 1 99.-Mr. von Kolnitz: An Act to amend Section 258 of the Civil Code, 1902, by prescribing certain qualification for voters on and certain regulations in connection with party registration for pri— mary elections in Counties containing a city of forty thousand inhab itants or more, and for the prevention of frauds and illegal voting in the same. S. 2 60.—-Mr. Forrest: An Act to confirm the title to certain lands madey b the County Board of Commissioners of Saluda County. 37—s. J.—(500) 564 J OURNAL OF THE SENATE, S. 1 64,-;Mr. von Kolnitz: An Act to amend Section 278 of the Criminal Code, 1902, by making certain offenses in connection with party registration and primaries misdemeanors, and prescribing pen~ alties therefor. S. 1 21.-—Mr. Gaines: An Act to require banks having on deposit State fund-s to render to the State Treasurer, at designated times, statements showing balances on hand to credit of the State. S. 2 66.-—Mr. Raysor: An Act to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds and erecting and maintaining a public school building, and to provide for the interest accruing thereon,” approved 27th February, 1902. ' S. 1 57.—Mr. Talbird: An Act to amend the Code of South Caro lina, 1902, Volume I. (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons. S. 2 90.—Mr. Aldrich: An Act to authorize municipal or other corporations or individuals to lay pipes for water supply across public roads and non-tidal navigable streams. S. 2 85.—Mr. Blake: A Joint Resolution to provide for the pay ment of seventy-five dollars to J. S. Gibert, ex-Superintenden-t of Education of Abbeville County. '8. 1 8.—Mr. Gaines: An Act to fix the weight and regulate the trade in corn meal. S. 6 .—Mr. Dean: An Act relating to the powers of manufacturng corporations. .H. R 298.—Mr. DeBruhl: An Act to require the State Treasurer to publish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. H. 4 23.-—Mr. Magill: An Act to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trusts. .H. R 203.—Mr. Johnson: An Act to require all railroads operat ing in this State to protect the rates of freight stipulated in the Bill for carriage of all freights, goods, wares and merchandise, and to provide penalties for the violation thereof. .H. R 416.--Mr. Laney: An Act to amend Section 2159, Vol. I., of the Code of Laws of this State, by adding a proviso to said Section in relation to railroads. H.. R 445.—Mr. Stuckey: A Joint Resolution to provide payment for the. Treasurers and Auditors of Sumter, Darlington and Kershaw SATURDAY, F EBRUARY 21, 1903. 565 Counties f or services rendered in compliance with Section 4 of the Act establishing Lee County. H.. R 440.—Mr. Morgan: An Act to amend Section 1262 of Vol. I. of Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of South Carolina College. H.. R 433.—Mr. DeVore: An Act to establish an additional voting place at “Roper’s,” in Edgefield County. .H. R 469.-—-Mr. McCain: An Act to require the Treasurer of York County to refund to Bowling Green Knitting Mills certain overpaid taxes. H.. R 438.—Mr. Stackhouse: An Act to amend the various Stat utes and the law as to school districts embracing the towns of Marion, Mullins, Latta and Dillon, in Marion County. On m otion of Mr. MAYFIELD, the Senate adjourned to meet at 12.05 A. M., to-morrow.

Saturday, F ebruary 21, 1903.

The S enate assembled at 12.05 A. M., the hour to which it stood adjourned, and was called to order by the PRESIDENT. The r oll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The C lerk proceeded to read the Journal of yesterday, whereupon on motion of Mr. BRICE, the further reading (if the Journal was dispensed with.

REPORTSF O COMMITTEES.

Mr. J OHNS-ON, from the Committee on Enrolled Bills, reports the following Bills and Joint Resolutions correctly enrolled and ready for ratification. S. 9 3.——Mr. Goodwin: A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. S. 2 91.-Mr. Gaines: A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants. 566 J OURNAL OF THE SENATE, S. 7 9.—-Mr. Butler: A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County ofiicers of the various Counties of this State,” approved 27th Feb ruary, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. S. 2 88.-—Mr. Johnson: A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of W agener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of the Dispensary profits to go to the school funds, and to provide contingent fees. Received a s information.

GENERAL O RDERS.

THIRD READING BILLS.

H.. R 415.—C0mmittee report by Substitute Bill to impose a capi tation tax upon all dogs. The B ill was read. Mr. D ENNIS moved to strike out the enacting words of the Bill. After d ebate by Messrs. DENNIS, WARREN, BROWN and STANLAND. Mr. B RICE moved to lay the motion on the table. The q uestion-was taken on agreeing to the motion of the Senator from York, on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. A ldrich, Blake, Brice, Brown, Butler, Gaines, Har din, Hay, Hough, Mayﬁeld, McIver, Peurifoy, Raysor, Sharpe—~14. Nays—Messrs. C arpenter, Davis, Dennis, Douglass, Hydrick, Manning. Marshall, McLeod, Mower, J. W. Ragsdale, Sheppard, Talbird, von Kolnitz, \Varren, VVilliams—15. So t he motion was lost.

PAIRS. mI a paired with Senator Herndon. W'ere he present, he would vote “Nay,” and I would have voted “Aye.” JNO. K. HOOD. Mr. S TANLAND stated that he was paired with the Senator from Colleton. Were he present he would vote “Nay,” and I vote “Aye.” SATURDAY, F EBRUARY 21, 1903. 567 The q uestion recurred upon the motion of the Senator from Berke ley. on which the yeas and nays were demanded and taken, resulting as follows: Yeas—Messrs. C arpenter, Davis, Dennis, Douglass, Hydrick, Manning, Marshall, McLeod, J. W. Ragsdale, Sheppard, Talbird, von Kolnitz, Warren, Williams—14. Nays—Messrs. A ldrich. Blake, Brice, Brown, Butler, Gaines, Har din. Hay. Hough. Mayfield, McIver, Mower, Raysor, Sharpe—14. “Aye.” There b eing a tie, the Clerk called, “Mr. President,” I who voted So t he motion prevailed. The f ollowing Bills and Joint Resolutions having received three readings in both Houses, it was ordered that the titles be changed to Acts. and enrolled for ratification“. H.. R 420.—Mr. Sinkl’er: A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1. H.. R l35.—Mr. Toole: A Bill to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the various Counties in this State," approved 27th day of February, 1902, relating to the salary of the Auditor of Aiken County. .H. R i37.—-Mr. Morgan: A Bill to repeal an Act entitled “An Act to create a new school district, to be known as Greer’s Graded School District, lying in Greenville and Spartanburg Counties,” approved December 24th, 1887, and an Act amendatory thereto, approved the 20th day of December, 1888. H.. R 443.—Mr. Richards: A Joint Resolution providing for the payment to W. R. Hough, Treasurer of Kershaw County, seventy five dollars by the State and one hundred and twenty-five dollars by said County Commissioners, due for taxes collected in 1898. .H. R lll.-—Mr. Mauldin: A Bill to provide for refunding certain bonds in Greenville County. - .H. R 470.-—Mr. Coggeshall: A Joint Resolution, with a memorial, to refund to Mrs. S. J. Nettles and Miss E. S. McCall, of Darlington County, certain taxes. H.. R 473.-—Agricultural Committee: A Bill to amend Section 1519 of the Civil Code, 1902, exempting certain other portions of Kershaw County from the operation of the general stock law. .H. R 474.—Ways and Means Committee: A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain Counties, and for other purposes. H.. R 475.—-Mr. Bass: A Bill to amend Section 563 of the Criminal 568 J OURNAL OF THE SENATE.

Codef o 1902, so as to further regulate the location and establishment of dispensaries. All a mendments made by the Senate on the second reading being amendments made upon the motions of l\"lessrs. J. W. Ragsdale, Marshall and Dennis, were stricken out of the Bill. The f ollowing Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives, with amendments: I

H.. R 431.—Mr. Davis: A Bill to amend Section 176 of the Crimi nal Code, Vol. 2, Code of Laws, 1902, relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. ‘ H.. R 441.—Mr. Brown (by request) : A Joint Resolution to pro vide for repayment of excess commutation tax to certain persons in Oconee County. ' H.. R 448.—Mr. Dowling: A Bill to abolish the ofﬁce of Township Commissioner in Bamberg County, and make the general law as to County government and assessment of property for taxation appli cable therein. H.. R 472.—Mr. Mauldin: A Bill to add another Section to Article 11., under the title the State Geologist, Civil Code of South Carolina, Vol. 1, after Section 740, to be known as \Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College. On m otion of Mr. HOUGH, the Senate took a recess until 10 o’clock A. M. ‘

RECESS.

The S enate reassembled at 10 A. M., and was called to order by the PRESIDENT.

REPORTSF O COMMITTEES.

The C ommittee of Conference, to whom was referred H. R. 316.— Mr. McGill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. 1, 1902, relating to salaries of officers in Greenwood County, respectfully report that they have duly and carefully con SATURDAY, F EBRUARY 21, 1903. 569 sidered t he same, and recommend that the Bill be laid on the table, as the matter is covered by another Bill passed at this session. J. M. GAINES, C. S. MCCALL, W. E. JOHNSTON, On part of Senate. D. H. MAGILL, THOS. H. RAINSFORD, On part of Hou'se of Representatives. On i mmediate consideration, the report was adopted, and it was ordered. that a message be sent to the House of Representatives accordingly. The C ommittee on Free Conference, to whom was referred a Bill to amend Section 759, “Civil Code of South Carolina, Vol. 1, increas ing the salary of Supervisor to eight hundred dollars in Clarendon County,” to adjust the differences between the two Houses, respect fully report that they have duly and carefully considered the same, and recommend that all after the words “be amended," in Section 1, line 3, of the typewritten House amendment to the Bill, down to and including the word “dollars,” in line 6, be stricken out; and that the Senate amendment as to Spartanburg and Cherokee Counties be agreed to. 2. T hat all after the word “amended,” in line 4, Section 2, of printed matter, down to and including the word “dollars,” in lines 8 and 9 thereof, be stricken out. 3. T hat all other amendments be agreed to. 4. T hat the title of the Bill be amended so as to read as follows: “A Bill to amend Sections 5 and 6 of an Act entitled ‘An Act to fix the amount of the compensation to be paid to the County ofiicers of the various Counties of the State,’ approved the 27th day of February, 1902.” D.. E HYDRICK, T.. M RAYSOR, J.. W RAGSDALE, Committee on part of Senate. J.. W DEVORE, M.. P DEBRUHL, S.. T D. LANCASTER, Committee o n part of House. Upon i mmediate consideration the report was adopted, and it was Ordered that a message he sent to the House of Representatives ac cordingly. 570 J OURNAL OF THE SENATE,

The C ommittee on Free Conference, to whom was referred a Bill to add another Section to Article XI., under title, “The State Geolo— gist,” Civil Code of South Carolina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of minerals of the State for Clemson Agricultural and Mechanical College, respectfully report that they have duly and carefully considered the same, and recommend that the Senate recede from its amendment. ROB’T A LDRICH, THOS.. G MCLEOD, GEO.. F VON KOLNITZ, JR., On part of Senate. ALTAMONT M OSES, W. P. POLLOCK, F. C. BATES, On part of House. On i mmediate consideration, the report was adopted, and it was ordered that a message be sent to the House of Representatives accordingly. ' The C ommittee of Conference, to whom was referred a Bill to add' another Section to Article XI., under title “The State Geologist,” Civil Code of South Carolina, V01. 2, after Section 740, to be known as Section 748, to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College, respectfully report that they have duly and carefully considered the same, and have failed to agree, and recommend that a Committee of Free Conference be appointed. T.. M RAYSOR, S. G. MAYFIELD, Committee on the part of the Senate. .JNO. P THOMAS, JR., THOS. H. RAINSFORD, D. F. EFIRD, Committee o n the part of the House. On i mmediate consideration, the report was adopted. \Vhereupon t he PRESIDENT appointed Messrs. Aldrich, Mc Leod and von Kolnitz a Committee of Free Conference on the part of the Senate. Ordered t hat a message be sent to the House of Representatives accordingly. PAPERS F ROM THE HOUSE OF REPRESENTATIVES. The H ouse sent the Senate the following: SATURDAY, F EBRUARY 21, 1903. 571 S. 4 80.—Finance Committee: A Concurrent Resolution in refer ence to the ﬁnances. Received a s information. Whereupon t he PRESIDENT appointed Messrs. Mower and Manning of the Committee on the 'part of the Senate. Also, The v eto message of the Governor and accompanying Joint Resolu tion, with the action of the House of Representatives, passing the same over said veto. Received a s information.

MESSAGE N o. 79. In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has adopted the, report of the Committee of Free-Conference on H. 271—S. 398.—Mr. Lesesne: A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1, increasing the salary of Supervisor to eight hundred dollars in Clarendon County. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N 0. 80.

In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The H ouse respectfully informs your honorable body that it has appointed of the Committee of Conference on the part of the House, Messrs. Thomas, Jr., Rainsford and Eﬁrd, on .H. R 472.—-Mr. Mauldin: A Bill to add another Section to Article 11., under the title the State Geologist, Civil Code of South Carolina, V01. 1, after Section 740, to be known as Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College. Very r espectfully, M. L. SMITH. Speaker of the House. Received as information. 572 J OURNAL OF THE SENATE,

MESSAGE N o. 81.

In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it refuses to agree to the amendments proposed on H. R. 472.—Mr. Mauldin: A Bill to add another Section to Article 11., under the title the State Geologist, Civil Code of South Carolina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College. Very_ respectfully, M. L. SMITH, Speaker of the House. On m otion of Mr. SHEPPARD, the Senate insisted upon its amendments. Ordered t hat a message he sent to the House of Representatives accordingly, requesting a Committee of Conference. Whereupon t he PRESIDENT appointed Messrs. Raysor and Mayﬁeld a Committee of Conference on the part of the Senate.

MESSAGE N 0. 82.

In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: ' The House respectfully informs your honorable body that it has appointed as the Committee of Free Conference on the part of the House, Messrs. Moses, Pollock and Bates, on H. R. 472.—Mr. Mauldin: A Bill to add another Section to Article 11., under the title of the State Geologist, Civil Code of South Caro lina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College. Very respectfully, M. L. SMITH, Speaker of the Housei Received a s information. SATURDAY, F EBRUARY 21, 1903. 573

MESSAGE N o. 83.

In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has adopted the report of the Committee of Conference, and has tabled S. 316—H. 266.—Mr. Magill: A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. 1, 1902, relating to salaries of officers in Greenwood County. Very respectfully, M. L. SMITH, Speaker of the House. Received as information.

MESSAGE N o. 84. In t he House of Representatives, Columbia, S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has agreed to the report of the Committee of Free Conference on H. R. 472.—Mr. Mauldin: A Bill to add another Section to Article 11., under the title the State Geologist, Civil Code of South Carolina, Vol. 1, after Section 740, to be known as Section 740 (a), to provide specimens of minerals of this State for Clemson Agricultural and Mechanical College. Very respectfully, M. L. SMITH. Speaker of the House. Received as information.

MESSAGE N o. 85.

In t he House of Representatives, Columbia. S. C., February 21, 1903. Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has accepted your invitation to attend in the Senate Chamber forthwith. Very respectfully, M. L. SMITH. Speaker of the House. Received as information. 574 J OURNAL OF THE SENATE,

RESOLUTION.

Mr. S HEPPARD: A Resolution providing for ratiﬁcation of Acts

Resolved, T hat the Speaker and the House‘of Representatives be invited to attend in the Senate Chamber forthwith for the purpose of ratifying Acts.

Upon i mmediate consideration, the Resolution was adopted, or— dered that an invitation be sent to the House of Representatives accordingly. The S ergeant-at-Arms announced the Honorable the Speaker and members of the House of Representatives.

RATIFICATION O F ACTS.

The H onorable the Speaker and members of the House of Repre sentatives attended in the Senate Chamber at 1.35 o’clock P. M., when the folowing Acts and Joint Resolutions were duly ratified: .H. R 438.—Mr. Stackhouse: An Act to amend the various Stat utes and the law as to school districts embracing the towns of Marion, Mullins, Latta and Dillon, in Marion County. H.. R 448.—Mr. Dowling: An Act to abolish the office of Town ship Commissioners in Bamberg County, and make the general law as to County government and assessment of property for taxation applicable therein. H.. R 435.—-Mr. Toole: An Act to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the various Counties in this State,” approved 27th day of February, 1902, rela ting to the salary of the Auditor of Aiken County. .H. R 474.—W'ays and Means Committee: An Act to authorize the Lexington and Columbia Railway to construct its tracks through certain Counties, and for other purposes. H.. R 444.—Mr. Mauldin : An Act to provide for refund-ing certain bonds in Greenville County. - H.. R 431,—Mr. Brown: An Act to provide for the payment of a salary to the Chaplain of the Penitentiarv for services rendered as Chaplain of the Reformatory. .H. R 473.—Agricultural Committee: An Act to amend Section 1519 of the Civil Code, 1902, exempting certain- other portions of Kershaw County from the operation of the general stock law. .H. R 168.—Mr. Lyles: An Act to empower towns and cities of SATURDAY, F EBRUARY 21, 1903. 575

five t housand inhabitants and over to subscribe to the maintenance of public libraries. H.. R 403.—Mr. Coggeshall : An Act to definite the law relating to certain forms of commercial papers. H.. R 396.—Mr. Clifton: An Act to amend Section 169 of the Code of Civil Procedure, contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers. H.. R 420.—Mr. Sinkler: An Act to amend Section 2165 of the Code of Laws 'of South Carolina, 1902, Volume I. H.. R 116.—Mr. Ford: An Act to amend Section 77, Criminal Code of South Carolina, Vol. II., providing for ten-year convicts to serve sentences on public works of the County. .H. R 470.—Mr. Coggeshall: A Joint Resolution, with a memorial, to refund to Mrs. S. J. Nettles and Miss E. S. McCall, of Darlington County, certain taxes. .H. R 431.—Mr. Davis: An Act to amend Section 176 of the Crim inal Code, Vol. II., Code of Laws 1902, relating to the punishment for removal, destruction or leaving down of any gate, fence, bars or other structures. H.. R 435.—M-r. Toole: An Act to amend an Act entitled “An Act to fix the compensation to be paid to the County officers of the various Counties in this State,” approved 27th day of February, 1902, relating to the salary of the Auditor of Aiken County. .H. R 475.—.\/Ir. Bass: An Act to amend Section 563 of the Crimi nal Code of 1902, so as to further regulate the location and estab lishment of dispensaries. H.. R 472.—Mr. Mauldin: An Act to add another Section to Article II., under the title of the State Geologist, Civil Code of South Carolina, Vol. I., after Section 740, to be known as Section 740 (a), to provide specimens of mineral of this State for Clemson Agricultu ral and Mechanical College. H.. R 426.—Mr. Sarratt: An Act to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers of rthe various Counties in this State,” approved 27th day of February, 1902, by increasing the salary of the County Treasurer of Cherokee County. H.. R J.28.—Mr. McMaster (by request) : An Act to amend Sec tion 3095, of Vol. I., of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes. so as to make the same applicable to the County of Richland. .H. R l27.—Mr. Bass: An Act to authorize the Trustees of Kings 576 J OURNAL OF THE SENATE, tree S chool District, of Williamsburg County, to issue bonds for the purpose of erecting school buildings and equipping same, and pur— chasing a lot or lots. H.. R 445.—Mr. Stuckey: A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Kershaw Counties for services rendered in compliance with Section 4 of the Act establishing Lee County. , H.. R 433.—Mr. DeVore: An Act to establish an additional voting place at “Roper’s,” in Edgefield County. 4 H.. R 170.-—Mr. Gaston: An Act to amend Section 101-l, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, and to fix the compensation of the Mag istrate thereof, and of his Constable. S. 9 3.—Mr. Goodwin: An Act to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit. S. 2 91.—Mr. Gaines: An Act 'to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2, 500 inhabitants. S. 7 9.—Mr. Butler: An Act to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County oflicers of the various Counties of this State,” approved 27th Febru ary, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. S. 2 88.—Mr. Johnson: An Aot to amend Section 4 of an Act en titled “An Act to authorize and empower the Trustees of School Dis trict No. 60, in the County of Aiken and the town of Wagener, to erect a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town, and to employ jointly the teacher for said school, and to change the name of said district,” approved 15th February, 1901, so as to require the town’s part of Dispensary profits to go to the school funds, and to provide contingent fees. S. 1 51.—-Mr. Marshall: An Act to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispen sary law, so as to allow wholesale druggi-sts to sell alcohol without profit to licensed druggists. S. 1 59.—Mr. Davis: An Act to provide for building a jail for Clarendon County, to authorize the borrowing of money therefor. and to provide for the repayment thereof. S. 4 10.——Mr. Hood: An Act to authorize and require the County Commissioners of Anderson County to reindex the real estate mort gages recorded in the office of Clerk of Court for said County. SATURDAY, F EBRUARY 21, 1903. 577 S. 6 0.—Mr. Carpenter: An Act to authorize and require County Commissioners to refund certain commutation road tax. S. 2 50.—Mr. Sheppard : An Act to amend an Act to create a State Board of Entomology, to define its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms; to prevent contagious diseases and destroy destructive insects in orchards, vineyards and other places in the State. S. 3 87.—The Committee on Public Buildings: An Act to amend Section 633 of the Civil Code (Vol. 1., Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the fur niture of the Senate Chamber and Senate Committee rooms. S. 1 9.—Mr. Douglass: An Act to amend Section 169 of the Crim inal Code, so as to give Magistrates jurisdiction of stealing from the field when the property stolen does not exceed ten dollars in value.

EXECUTIVE S ESSION.

On m otion of Mr. SHEPPARD, at 12 o’clock M ., the Senate went into Executive Session. At 1 2.15 o’clock P. M., the Senate returned to open session, when, upon motion of Mr. SHEPPARD, the seal of secrecy was removed form the appointments conﬁrmed, to wit: '

F A IRFIELD COUNTY.

District N o. 12, Magistrate, Joseph McMeekin. First D istrict, Magistrate, W. J. Kellar, Wolling. Second D istrict, Magistrate, John D. Blair, Strother. Third District, Magistrate, Anderson Mobley, Woodward. Fourth District, Magistrate, J. B. Stevenson, \Ninnsboro. Fifth District, Magistrate, J. M. Caldwell, Woodward. Sixth District, Magistrate, A. W. Matherson, Longtown. Seventh District, Magistrate, T. M. Cathcart, Winnsboro. Eighth District, Magistrate, John Broom, Blythewood. Ninth District, Magistrate, J. N. Lancaster, Ridgeway. Tenth District, Magistrate, Samuel Castels, Rockton. Eleventh District, Magistrate, Charles A. Robinson, Jennings. Twelfth District, Magistrate, Thirteenth D istrict, Magistrate, E. H. Heines, Ridgeway. Fourteenth District, Magistrate, John Hollis, Bucklick. .J. L Richmond, County Auditor, W innsboro. .H. S Wylie, County Treasurer, \Vinnsboro. 578 J OURNAL OF THE SENATE, GEORGETOWN C OUNTY. Georgetown, M agistrate, Jenkins Hucks, Georgetown. Sampit, Magistrate, Robert W. Bailey, Sampit. Canut B ay, h’lagistrate, W. J. S. Carter. Petersﬁeld. W a ccamaw, Magistrate, ~St. J. M. Lachicotte, Waverly Mills. Plantersville, Magistrate, John Ford, Plantersville. Black R iver, Magistrate, W'. E. Porter, Harpers. .William H Dorrill, County Auditor, Georgetown. E. M axwell Lucas, County Treasurer, Georgetown.

HORRY C OUNTY.

L.. D Long, County Treasurer, Conway. J.. A Lewis, County Auditor, Conway. Member B oard of Supervisors of Registration, J. M. Dorman, Adrian. Conway, M agistrate, F. S. Powell, Conway. Loris, M agistrate, E. D. Lawson, Loris. Simpson C reek, Magistrate, N. J. Cox, Daisy. Bucks, M agistrate, J. A. Todd, Toddsville. Conway, M agistrate, J. J. King, Adrian. Dog B luff, Magistrate, J. W. Johnson, Gideon. Gallivant’s F erry, Magistrate, N. M. Mishoe, Box. Floyds, M agistrate, W. F. Floyd, Vardelle. Green S ea, Magistrate, B. P. Harrelson, Green Sea. Bayboro, M agistrate, J. T. Alford, Bayboro. Little R iver, Magistrate, A. A. Mosely, Wampee. Socastee, M agistrate, J. D. West, Stalway. Dogwood N eck, Magistrate, Thos. Livingston, Nixonville. F.. S Powell, Magistrate, Conway. E.. D Lawson, Magistrate, Loris. .N. J Cox, Magistrate, Sampson Creek (Daisy P. O.).

COMMITTEE O F THE WHOLE.

On m otion of Mr. ALDRICH, the Senate resolved itself into Com mittee of the Whole, with Senator Goodwin in the Chair.

RESOLUTIONS O F THANKS.

Mr. A LDRICH offered the following: SATURDAY, F EBRUARY 21, 1903. 579 The S tate of South Carolina, Senate Chamber, 21 February, 1903. I.e B it resolved by the Senate of South Carolina, That the thanks and acknowledgments of the Senate are due and are hereby tendered to Lieutenant Governor John T. Sloan, President of the Senate, for the high courtesy, generous consideration and distinguished ability with which he has presided over the deliberations of the Senate during the present session, and the ease and felicity with which he has dispatched the business of the Senate justifies the patriotic action of the people in placing him in his present high and honorable posi- ' tion. . II. R esolved, That the thanks of the Senate are likewise tendered to the Honorable John C. Sheppard, President pro tem., for his continued able, courtly and efiicient performance of the duties of the Chair, and that the Senate wishes for its said two presiding officers that prosperity, honor and happiness which their great worth, patriotism and abilities entitle‘them to.

The r esolutions were unanimously adopted.

The C ommittee of the Whole dissolved. The P RESIDENT returned to the Chair. Senator GOODNVIN formally presented the Resolutions. In presenting them, he said: Mr. President: These Resolutions and their unanimous adoption sin cerely express the sentiments of the Senate; with such feelings I present them to you. ' The P RESIDENT responded: I am grateful to you, Senators, for the Resolution you have just adopted. When I assumed the duties of this ofﬁce it was with many misgivings, for its duties were new to me. I have earnestly strived to do my duty, and these Resolu tions and the manner in which they have been adopted, show that I have not failed in my purpose and efforts. My success is largely due ofﬁcersto the assistance of the body, rendered for which me by I thankyou. Senators, you. I and the able corps of The f ollowing Resolutions, presented by Mr. RAYSOR, were unanimously adopted:

The S tate of South Carolina, _ Senate Chamber, 21 February, 1903. I. Be itmesol'ved, That the thanks of the Senate are due and are hereby tendered to its faithful, capable and courteous Clerk, the veteran soldier and accomplished citizen, General Robert R. Hemp hill, f or the efﬁcient and satisfactory manner in which he has per 38—s. J.—(500) 580 J OURNAL OF THE SENATE,

formed t he important and arduous duties of the oﬁice of Clerk of the Senate, upon which the work of legislation so largely depends. II. R esolved, That the Assistant Clerk, Mr. R. M. McCown, Ser geant-at-Arms J. F. Schumpert, Reading Clerk W]. H. Stewart, and the other ofﬁcers and employees of the Senate, are commended for the faithful and efficient performance of their duties, and the Senate wishes them all prosperity and happiness. III. R esolved, That Messrs. Paul M. Brice and Frank P. Cooper, representatives of the press during the present session, are entitled to the acknowledgments of the Senate for their full, impartial and accu .rate reports of the proceedings of the Senate, and by their courtesy and kindness have earned the good will and highest consideration of the members of this body.

MESSAGE F ROM THE GOVERNOR.

The S ergeant-at-Arms announced a message from the Governor. Message No. 9 was presented by J. E. Norment, Private Secretary, and read as follows: '

MESSAGE N o. 9.

Statef o South Carolina, Executive Chamber, Columbia,_February 2lst, 1903. To the Honorable the Gentlemen of the General Assembly: I h ave the honor to notify your honorable bodies that I have ap proved: - An A ct to make appropriations to meet the ordinary expenses of the State government for the fiscal year commencing January first, 1903. And h ave approved: An A ct entitled “An Act to raise supplies and make appropriations for the fiscal year commencing January first, 1903.” And h ave also approved: An A ct to make appropriations for the payment of the per diem, mileage and stationery certificates of the members of the General Assembly, the salaries of the subordinate officers and employees thereof, and other purposes herein named. Very r espectfully, _ D. C. HEYWARD, Governor. R eceived as information. SATURDAY, F EBRUARY 21, 1903. 581 MESSAGEO T THE GOVERNOR. On m otion of Mr. SHARPE, a Committee was appointed to wait upon the Governor and inform him that the Senate had disposed of all the business before it, and was now ready to adjourn sine die, and ascertain if he had any further communications to make. Whereupon t he PRESIDENT appointed Messrs. Sharpe, Dennis and Hay upon said Committee. MESSAGEO T THE HOUSE oF' REPRESENTATIVES.

On m otion of Mr. SHARPE, the Clerk of the Senate was sent to inform the House of Representatives that the Senate had disposed of the business before it, and was ready to adjourn sine die. MESSAGE F ROM THE HOUSE OF REPRESENTATIVES. The S ergeant-at-Arms announced a message from the House, and Tom C. Hamer, Clerk of the House, appeared and announced that the House had disposed of the business before it, and was ready to adjourn sine die.

OFREPORT _ COM M IT TEE. Mr. S HARPE, from the Committee to wait on his Excellency the Governor, reported that the Committee had discharged the duty assigned them, and that the Governor had informed them that he had no further communication to make to the Senate. On m otion of Mr. SHARPE, the Senate, at 2.10 P. M., adjourned sine die. LISTF O THE NAMES AND POST OFFICES

4F O THE

Officers a nd Members of the Senate

OFHE T

STATEF O SOUTH CAROLINA.

REGULAR S ESSION, COMMENCING JANUARY 13, 1903.

OFFICERSF O THE SENATE.

John. T Sloan, Lieutenant Governor and ex oﬂ‘icio President of the - Senate, Columbia, S. C. J.. C Sheppard, President pro tem., Edgeﬁeld, S. C. Robert. R Hemphill, Clerk, Abbeville, S. C. R.. M McCown, Assistant Clerk, Florence, S. C. .w. H Stewart, Reading Clerk, Rock Hm, s. c. .J. F Schumpert, Sergeant-at-Arms, Utopia, S. C. H.. D Butler, Bill Clerk, Columbia, S. C. Tillman B unch, Journal and Index Clerk, Spartanburg, S. C. Rev. 0. A. Darby, Chaplain, Columbia, S. C. ROLLF O MEMBERS OF THE SENATE.

Name. O ccupation. ' Postofiice. Lieut. Governor John T. Sloan, P resident ...... Lawyer ...... Columbia ABBEVILLE. .J. R Blake, Jr ...... _ ...... Manufacturer ...... Abbeville AIKEN. .W. E Johnson ...... Lawyer ...... Aiken ANDERSON. J.. K Hood ...... Lawyer ...... Anderson BAMBERG. S.. G Mayfield ...... Lawyer ...... Denmark BARNWELL. Robert A ldrich. .‘ ...... Lawyer ...... Barnlwell BEAUFORT. Thomas T albird ...... Lawyer ...... Beaufort BERKELEY. E. D ennis ...... Lawyer ...... Monck’s Corner CHARLESTON. .George F von Kolnitz ...... Lawyer ...... Charleston CHEROKEE. .T B Butler ...... Lawyer ...... Gafl‘ney CHESTER. P.. L Hardin ...... Farmer ...... Chester CHESTERFIELD. Edward M cIver ...... Lawyer ...... Cheraw ROLLF O MEMBERS OF THE SENATE. 5S5 CLARENDON. N ame. Profession. Postoffice. C. M. Y Davis ...... COLLETON. Farmer and Merchant. . .Davis Store

J. E. Peurifoy ...... Lawyer ...... Walterboro DARLINGTON. G. W. Brown ...... Lawyer ...... Darlington DORCHEST ER. T. \V. Stanland...... Merchant ...... Summervillé EDGEFIELD. J. C. Sheppard ...... Lawyer ...... Edgeﬁeld ' FAIRFIELD. G. W. Ragsdale ...... I. . .Lawyer ...... Winnsboro FLORENCE. I J. W. Ragsdale ...... Lawyer ...... Florence

_ GEORGETOWN. LeGrand G. Walker ...... Lawyer ...... Georgetown GREENVILLE. ‘ . A. H. Dean ...... Lawyer ...... Greenville GREENWOOD. ]. M. Gaines ...... Merchant and Farmer. . . .Greenwood HAMPTON. E. F. Warren ...... Lawyer ...... Hampton HORRY. ' J. A. McDermott ...... Farmer ...... Conway KERSHAW. J. T. Hay ...... Lawyer ...... Camden LANCASTER. W. C. Hough ...... Lawyer ...... Lancaster LAURENS. O.. P Goodwin ...... Farmer ...... Laurens 586 R OLL OF MEMBERS OF THE SENATE. LEXINGTON. Name. P rofession. Postoﬁ‘ice. W'. H. Sharpe ...... Lawyer ...... Gaston MARLBORO. .C. S McCall ...... Farmer ...... Bennettsville MARION. James S tackhouse ...... Stock-dealer ...... Marion NEWBERRY. George S . Mower ...... Lawyer ...... Newberry ' O CONEE. _E. L. Herndon ...... Lawyer ...... '...... Walhalla ORANGEBURG. Thomas M. Raysor ...... Lawyer ...... Orangeburg PICKENS. C. H. Carpenter ...... Farmer ...... Briggs RICHLAND. J. Q. Marshall ...... r ... .L‘awyer ...... Columbia SALUDA. J. M. Forrest ...... Farmer ...... Mt. Willing SUMTER. R. I. Manning ...... Farmer ...... Sumter SPARTANBURG. D. E. Hyd'rick ...... Lawyer ...... Spartanburg ' UNION. J. T. Douglass ...... Farmer ...... Union _ WILLIAMSBURG. A. H. Williams ...... Physician ...... Lake City ' YORK. J.. S Brice ...... Lawyer ...... Yorkville SENATE A PPOINTMENTS.

Tillman B unch, Spartanburg County ...... Journal Clerk Henry D. Butler, Saluda County ...... Bill Clerk J. R. Boulware, Newberry County ...... Doorkeeper Jasper E. Watson. Greenville County ...... Doorkeeper J. F. Gooding, Hampton County ...... Doorkeeper James P. McGorty. Spartanburg County. .Keeper Committee Rooms J. A. White, Edgeﬁeld County ...... Keeper Committee Rooms E. B. Jenkins, Horry County ...... Keeper President's Room G. D. Bellinger, Jr., Barnwell County ...... Page H. J. Fetner, Richland County ...... Page Robert Adams, Richland County ...... Porter Jack Pressley, Edgeﬁeld County ...... Servant Albert Nance, Newberry County ...... Servant .N. O Pyles, Greenwood County ...... Mail Carrier STANDING C OMMITTEES OF THE SENATE.

AGRICULTURE. J. T . Douglass, Chairman. A. H. Williams. R. I. Manning. T. \ IV. Stanland. James Stackhouse. O. P. Goodwin. Gaines. .C. S McCall. P.. L Ha-rdin. C.. H Carpenter. T. G. McLeod. .E. F Warren.

EDUCATION.

G.V. \ Brown, Chairman. J. Q. Marshall. .T. M Raysor. \V.. E Johnson. W.. H Sharpe. D.. E Hydrick. T.. E Butler. J.. M Forrest. J.. W Ragsdale. CLAIMSND A GRIEVANCES.

.R. I Manning, Chairman. J. S. Brice. W. H. Sharpe. D. E. Hydrick. J. R. Blake. K. Hood. E. Peurifoy. . S. McCall. B STANDING C OMMITTEES OF THE SENATE. 589

ENROLLED B ILLS. .W. E Johnson, Chairman. Edward McIver. J.. A McDermott. E.. F Warren. .J. K Hood. T.. G McLeod. .J. E Peurifoy. CONTINGENT A CCOUNTS W.. H Sharpe, Chairman. 0. Goodwin. C.. M Davis. .T. B Butler. C.. H Carpenter. .G. F von Kolnitz. Jr. J.. M Forrest. T.. M Raysor. FINANCE. Geo.. S Mower, Chairman. A. H. \Nilliams. J. C. Sheppard. J. Marshall. R. I. Manning. J. A. McDermott. J. S. Brice. .W. H Sharpe. C.. S McCall. J.. M Gaines. T.. G McLeod. .J. R Blake. . DISPENSARY. T.. W Stan-land, Chairman. Robert Aldrich. W.. H Sharpe. A.. H Dean. E.. L Herndon. James S tackhouse. P.. L Hardin. 590 S TANDING COMMITTEES OF THE SENATE.

PENALND A CHARITABLE INSTITUTIONS.

W.. C Hough, Chairman. J. T. Hay. E.. L Herndon. O.. P Goodwin. .G. F von Kolnitz, Jr. J.. K Hood. J.. E Peurifoy.

COMMERCEND A MANUFACTURES.

J.. Q Marshall, Chairman. T. W. Stanland. ‘ G. W. Brown. S.. G Mayﬁeld. A.. H Dean. .J. M Gaines. W. E. Johnson. J. K. Hood. C.. S McCall. J.V. \ Ragsdale. E. F. Warren. C. H. Carpenter.

COUNTY O FFICES AND OFFICERS.

LeGrand G . Walker, Chairman. J. A. McDermott. . James Stackhouse. E. L. Herndon. O. P. Goodwin. P. L. Hardin.

ENGROSSED B ILLS.

C.. H Carpenter, Chairman. W. C. Hough. J.. M Gaines. C.. M Davis. P.. L Hardin. J.. E Peurifoy. J.. K Hood. STANDING C OMMITTEES OF THE SENATE. 591

FEDERAL R ELATIONS.

E.. J Dennis, Chairman. J. S. Brice. W.. H Sha-rpe. Thomas T albird. C.. H Carpenter. G.. F von Kolnitz, Jr. T. G. McLeod.

IMMIGRATION.

C.. S McCall, Chairman. E. J. Dennis. .J. T Douglass. James S tackhouse. Thomas Talbird.

INCORPORATIONS.

G.. W Ragsdale, Chairman. Geo. S. Mower. .J. T Hay. Thomas T albird. J.. A McDermott. .J. S Brice. James S tackhouse. J.. K Hood. W.. H Sharpe. G.. F von Kolnitz, Jr. J. W. Ragsdale. E.. L Herndon.

PENITENTIARY.

J.. T Hay, Chairman. J. A. McDermott. R.. I Manning. Edward McIver. .P. L Hardin. .T. M Raysor. J.. M Forrest. 592 S TANDING COMMITTEES OF THE SENATE. JUDICIARY.

.S. G Mayﬁeld, Chairman. Geo. S. Mower. Thomas Talbird. LeGrand G. Walker. I. T. Hay. G.. W Brown. G.V. \ Ragsdale. T.. M Raysor. D.. E Hydrick. .G. F von Kolnitz, Jr. J. W. Ragsdale. E.. F Warren. .W. C Hough. PRIVILEGESND A ELECTIONS. .J. C Sheppard, Chairman. G. W. Ragsdale. J.. T Hay. E.. L Herndon. .W. C Hough. Edward M cIver. J.. E Peurifoy. J.. M Forrest.

MEDICAL A FFAIRS.

A.. H Williams, Chairman. R. I. Manning. W.. H Sharpe. O.. P Goodwin. G.. F von Kolnitz, Jr. T.. G McLeod.

PUBLIC L ANDS.

P.. L Hardin, Chairman. E. J. Dennis. T.. W Stanland. .O. P Goodwin. Thos. T albird. T.. M Raysor. STANDING C OMMITTEES OF THE SENATE. 598

RETRENCHMENT.

D.. E Hydrick, Chairman. G. W. Ragsdale. .W C Hough. J. K. Hood. J R

RULES.

.T. M Raysor, Chairman. J. C. Sheppard. .Geo. S Mower. G.. W Ragsdale. J.. T Hay. Robert A ldrich. Edward M cIver. ROADS, B RIDGES AND FERRIES.

J.. M Gaines, Chairman. A. H. Williams. J.. T Douglass. O.. P Goodwin. T.. W Stanland. C.. S McCall. Edward M cIver. LEGISLATIVE L IBRARY.

Thos. T albird, Chairman. E. J. Dennis. T.. M Raysor. .\N. E Johnson. Edward M cIver. J.. R Blake. P.. L Hardin.

MILITARY. Robert A ldrich. Chairman. J. Q. Marshall. E.. J Dennis. J.. E Peurifoy. T.. B Butler. 594 S TANDING COMMITTEES OF THE SENATE. NDMINES A MINING. G.. F von Kolnitz, Jr.. Chairman. LeGrand G. \Valker. .A. H Dean. Thos. T albird. T.. W Stanland. .J. M Gaines. E.. L Herndon.

PRINTING.

C.. M Davis. Chairman. Robert Aldrich. .J. S McDermott. E.. L Herndon. J.. K Hood. Edward M cIver.

PUBLIC B UILDINGS. J.. Q Marshall, Chairman. J. T. Douglass. R.. I Manning. .C. H Carpenter. J.. R Blake.

RAILROADND A INTERNAL IMPROVEMENTS.

A.. H Dean, Chairman. J. Q. Marshall. T. W. Stanland. G. W. Ragsdale. Robert Aldrich. T. M. Raysor. D. E. Hydrick. Thos. Talbird. T. B. Butler. .J. K Hood. J.. S Brice. .E. L Herndon. Listf o the Names and Postoffices

OFHE T

NDOFFICERS A MEMBERS

OFHE T FHOUSE O REPRESENTATIVES

OFHE T

STATEF O SOUTH CAROLINA.

REGULAR SESSION’BEGINNING JANUARY 13, 1903.

FOFFICERS O THE HOUSE.

Hon.. M L. Smith, Speaker Camden. S. C. .Tom C Hamer, Clerk, Bennettsville, S. C. J. W ilson Gibbes, Assistant Clerk, Columbia, S. C. John S. \Nithers, Reading Clerk, Chester, S. C. W. Boyd Evans, Bill Clerk, Columbia, S. C. W.. E Cook, Journal Clerk, Scranton, S. C. .J. S Wilson, Sergeant-at-Arms, Lancaster, S. C. .Rev. R N. Pratt, Chaplain, Columbia, S. C. 39—s. J.—(500) Rollf o Members of the House of Representatives.

ABBEVILLE. N ame. POStOﬂ'lCC. Occupation. M. P. DeBruhl ...... A. bbeville ...... '. .. Lawyer J. D. Carwile ...... Honea Path ...... Farmer M. G. Donnald ...... Due West ...... Farmer ANDERSON. _ J. B. Leverett ...... Star ...... Farmer G. A. Rankin ...... Liberty ...... Farmer M. P. Tribble ...... A nderson ...... Real Estate Agent W. P. \IVright ...... Honea Path ...... Farmer S. N. Pearman ...... Anderson ...... Farmer _ AIKEN. G. L. Toole ...... Aiken ...... ' ... . Lawyer B. F. Holman ...... Neeseton ...... Farmer R. J. Wade ...... Oakwood ...... Farmer Geo. R. Webb ...... \Varrenville ...... Newspaper BAMBERG. .J. B Black ...... Bamberg ...... Doctor H. Spann Dowling ...... Bamberg ...... Lawyer BARNWELL. J.. O Patterson ...... Barnwell ...... Lawyer \V. C. Smith ...... \Villiston ...... Physician R. H. \Valker ...... Appleton ...... Farmer-Merchant BEAUFORT. Cornelius J . Colcock ...... Beaufort ...... Lawyer Joseph Glover ...... Rembert ...... Farmer J. C. Bailey ...... Okatie ...... Farmer BERKELEY. .E. J Dennis, Jr ...... Macbeth ...... Lawyer G. B. Davis...... Bethea ...... Farmer S. \V. Russell ...... St. Stephen.Mechanic and Farmer MEMBERS H OUSE OF REPRESENTATIVES. 597

CHARLESTON. N ame. Postofﬁce. Occupation. Richard S. Whaley ...... Charleston ...... Lawyer Huger Sinkler...... Charleston ...... Lawyer Duncan J. Baker ...... Charleston ...... Lawyer R. M. Lofton ...... McClellanville.Planter and Lawyer E. M. Seabrook ...... '. . Edisto Island. .Planter and Lawyer W. Turner Logan ...... Charleston ...... Lawyer B. P. Carey ...... Charleston ...... Editor Jas. E. Herbert ...... Charleston ...... Paymaster

CHEROKEE. W. J udson Sarratt ...... Gaﬁ‘ney ...... Farmer W. D. Kirby ...... Gatfney.Farmer and Stock Dealer

CHESTER. Arthur. L Gaston ...... Chester ...... Lawyer T. C. Strong ...... Cornwell ...... Farmer J. M. Wise ...... Halsellville ...... Farmer

CHESTERFIELD. W.. P Pollock ...... Cheraw ...... Lawyer G. K. Laney ...... Chesterﬁeld ...... Lawyer

CLARENDON. .J. H Lesesne ...... Manning ...... Lawyer Ralph S. DesChamps ...... Pinewood ...... Farmer Jno. C. Lanham ...... Summerton ..Traveling Salesman

COLLETON. .J. W Hill ...... Cottageville ...... Farmer W. R. Fox ...... Osborn ...... Farmer W. D. Bennett ...... Ruﬁin ...... Lawyer and Farmer

DARLINGTON. W. J ames ...... Palmetto ...... Farmer J. R. Coggeshall ...... Darlington ...... Lawyer R. G. Parnell ...... Darlington ...... Clerk DORCHESTER. Cyrus M inis ...... Harleyville. .Farmer and Mill Man 598 M EMBERS HOUSE OF REPRESENTATIVES. EDGEFIELD. N ame. Postofiice. Occupation. J. \V. DeVore ...... Edgefield ...... Lawyer Thos. H. Rainsford ...... Edgefield or Ropers ...... Farmer

FAIRFIELD. W. J. Johnson ...... Ridgeway ...... Merchant C. S. Ford ...... Mitford ...... Farmer T. W. Traylor ...... White Oak ...... Farmer

FLORENCE. W. B. Gause ...... _ ...... Cowards ...... Farmer J. M. Humphrey ...... Cartersville ...... Farmer J. W. King ...... Ebenezer ...... Farmer

GEORGETOWN.

.M. W Pyatt ...... Georgetown .... '...... Lawyer J. W. Doar ...... Georgetown ...... Editor GREENVILLE. .B. A Morgan ...... Greenville ...... Lawyer W. L. Mauldin ...... Greenville. .Real Estate Dealer Lewis Dorroh ...... Greenville ...... Lawyer J. O. Wingo ...... Campobello ' ...... Farmer Geo. W. Richardson ...... Simpsonville ...... Farmer GREENWOOD. .D. H Magill ...... Greenwood ...... Lawyer J. Ham Brooks ...... Cambridge ...... Planter P. B. Callison ...... Callison. . . .Merchant and Farmer HAMPTON. Julius. P Youmans ...... Brunson ...... Lawyer and Planter T. O. Middleton ...... Scotia ...... Pla'nter

HORRY. Jeremiah S mith ...... Conway ...... Hotel Proprietor .D. D Harrellson ...... Loris ...... Farmer MEMBERS H OUSE OF REPRESENTATIVES. 599

KERSHAW. N ame. Postofﬁce. Occupation. M. L. Smith ...... Camden ...... Lawyer J. G. Richards, Jr ...... Liberty Hill ...... Farmer

LANCASTER. _ T.. Y \Villiams ...... Lancaster ...... Lawyer O. W. Potts ...... Pleasant Valley ...... Farmer LAURENS. .R. A Cooper ...... Laurens ...... Lawyer W. C. Irby, Jr ...... Laurens ...... Lawyer R. W. Nichols ...... Tumbling Shoals ...... Farmer

LEE. I B . Frank Kelley ...... Bishopville ...... Lawyer Geo. M. Stuckey ...... Bishopville ...... Lawyer LEXINGTON. J. B. Towill ...... Batesburg ...... Editor D. F. Eﬁrd ...... Lexington. .Farmer and Mill Man J. B. VVingard ...... Lexington ...... Lawyer MARION. ' T. F. Stackhouse ...... Dillon ...... Farmer J. E. Jarnegan. . ._ ...... Toby ...... Farmer J. C. Mace ...... Marion ...... Druggist MARLBORO. D. D. McColl, Jr ...... Bennettsville ...... Lawyer J. P. Bunch ...... -. . McColl ...... Farmer Welcome Quick ...... Clio ...... Farmer and Minister

NEWBERRY. E. H, Aull ...... Newberry ...... Editor Arthur Kibler ...... Newberry ...... Merchant J. F. Banks ...... Slighs ...... Farmer

OCONEE. W. M. Brown ...... '. . . . Oakway . . .- ...... Farmer .E. C Doyle ...... Seneca ...... Physician 600 M EMBERS HOUSE OF REPRESENTATIVES.

ORANGEBURG. N ame. Postoﬁice. Occupation. Adam H. Moss ...... Orangeburg ...... Lawyer Edgar L. Culler ...... Raymond. . . .Farmer and Teacher W. O. Tatum ...... Cope ...... Farmer and Mill Man Robt. ,Lide ...... Orangeburg ...... Lawyer D. O. Herbert ...... Orangeburg ...... Lawyer

PICKENS. J. A. Hinton ...... Easley ...... Farmer Matthew Hendrix ...... Table Mountain ...... Farmer

v RICHLAND. J. P. Thomas, Jr ...... Columbia ...... Lawyer Lewis W. Haskell ...... Columbia ...... Lawyer Jno. McMaster ...... Columbia ...... Lawyer Jodie M. Rawlinson ...... Congaree. ..Merchant and Farmer

SPARTANBURG. H. L. Bomar ...... Spartanburg ...... Lawyer I. C. Blackwood ...... Spartanburg ...... Lawyer S.-T. D. Lancaster ...... Pauline ...... Physician F. C. Bates ...... Clifton ...... Teacher K. D. Edwards ...... Cowpen-s ...... Farmer J. M. Mahaﬁey ...... Spartan-burg ...... Mill Man

SALUDA. .E. L Ready ...... Johnston ...... Farmer D. B. Peurifoy ...... Saluda ...... Farmer

SUMTER. Altamon-t M oses ...... Sumter ...... Real Estate Dealer J. H. Clifton, Jr ...... Sumter ...... Lawyer T. B. Fraser ...... Sumter ...... Lawyer

UNION. A.. C Lyles ...... Carlisle ...... Farmer .H. C Little ...... Kelton ...... Farmer I

MEMBERS H OUSE OF REPRESENTATIVES. 601

WILLIAMSBURG. N ame. ' Postofﬁce , Occupation. Theo. B. Gourdin ...... Greelyville ...... Farmer W. L. Bass ...... Lake City ..... '...... Lawyer P. S. Wall ...... Scranton ...... Merchant

YORK. P. D. Barron ...... Rock Hill ...... Lawyer J. R. Haile ...... Fort Mill ...... Farmer J. E. Beamguard ...... Clover ...... Farmer F.. P McCain ...... Yorkville ...... Lawyer Employees E ngrossing Department.

SOLICITORS. Name. P ostofiice. J. M. Johnson ...... Marion, S. C. T. S. Sease ...... Spartanburg, S. C. J. E. Davis ...... Barnwell, S. C. P. T. Hildebrand ...... Orangeburg, S. C. J.J. K.E. BoggsHenry ...... i...... Pickens,Chester, S.S. C.C. John S. Wilson ...... - ...... Manning, S. C. J. \Vm. Thurmond ...... Edgefield, S. C. CLERKS IN ENGROSSING DEPARTMENT. Miss Irene Platt ...... Orangeburg, S. C. Miss Julia Mixon '...... Columbia, S. C. Miss Eloise Bethea ...... Marion, S. C. Mrs. E. C. Melton ...... Columbia, S. C. Miss Lucy Watson .1 ...... Ridge Springs, S. C. C. W. Harley ...... Williston, S. C. C. C. Tracey ...... VVa‘lterboro, S. C. Miss J. G. Gibbes ...... Columbia, S. C. Mrs. Leila Ray ...... Laurens, S. C. Miss Emily Harri-s ...... Charleston, S. C. Mrs. P. B. Parker ...... Georgetown, S. C. Miss Adelaide Thorn ...... Blackstock, S. C. Miss Nettie Brunson ...... Abbeville, S. C. E. L. LaFitte ...... Denmark, S. C. Mrs. Gertrude Goza ...... Columbia, S. C. W. W. Bradley ...... Abbeville, S. C. Miss Helen Gantt ..... , ...... Spartanburg, S. C. Miss Susie Boone ...... Warrenville, S. C. B. F. Mayes ...... Edgefield, S. C. Miss Annie Lee Davis ...... Marion, S. C. ~ Miss C. E. Pollock ...... I ...... Cheraw, S. C. Miss Deane Seaborn ...... W'a‘lhalla, S. C. Miss Lillie Fair ...... Cokesbury, S. C. Miss Fannie Beckham ...... Rock Hill. S. C. Miss M. B. Locke ...... Columbia, S. C. MAIL CARRIER. N. O. Pyles ...... Columbia, S. C. PORTER. James Briggman ...... Columbia, S. C. House A ppointments.

Name. - P ostofiice Occupation. H. A. Moses ...... Sumter. . . .Clerk W. and M. Com. Chas. H. Barron ...... Columbia. .. .Clerk Jud. Com. “7. R. McKinney ...... Greenwood. . .. Inside Doorkeeper Peter Sanders ...... Horry . . . .Out-side Doorkeeper F. T. McCravey ...... Spartanburg. Gallery Doorkeeper Strom \Villiams ...... Edgefield ...... Page Ray Smith .' ...... Page. A. P. Nichols ...... Tumbling Shoals ...... Page Stephen Richards ...... Liberty Hill ...... Page James N. Pearman ...... Belton. . . .Keeper Speaker’s Room J. M. Sharpe ...... Lexington ...... Mail Carrier West Oliphant ...... Edgefield ..... Ponter Judic. Com. Eli Goodwin ...... Congaree. . .Porter W. 8: M. Com. Robert Caldwell ...... Laborer Peter Harrison ...... Laborer

LigeSmith...... Will Burton ...... A ...... LaborerLaborer

Sam B erry ...... Speaker's Porter Standing C ommittees of the House of Representatives.

NDWAYS A MEANS.

Altamont M oses. D. F. Eﬁrd. T.. H Rainsford. W. O. Tatum. W. J ohnson. J.. G Richards, Jr. R. A. Cooper. W'. T urner Logan. W'. E. James. .J. O Wingo. .S. T D. Lancaster. Jeremiah Smith. J.. C Lanham. W. J udson Sarratt. J. E. Beamguard. E. H. Aull. A.. C Lyles. L.. W Haskell. P.. B Callison. Geo. M. Stuckey.

JUDICIARY. Richard S . Whaley. T. Y. Williams. M. P. DeBruhl. J. P. Thomas, Jr. J. O. Patterson. Robert Li'de. T.. B Fraser. B.. A Morgan. J.. R Coggeshall. E. J. Dennis, Jr. H. L. Bomar. STANDING C OMMITTEES OF THE HOUSE. 605

.I. C Blackwood. J. W. DeVore. .W. C Irby, Jr. A.. L Gaston. .W. P Pollock. G.. L Toole. .D. D McColl, Jr. H. Spann Dowling. B. Frank Kelley.

PUBLIC S CHOOLS. J.. G Richards, Jr. Arthur Kibler. T.. B Fraser .E. L Culler. .T. H Rain'sford. .T. F Stackhouse. J. B ell Towill. F.. C Bates. .Jodie M Rawlinson. J. D. Carwile.

PRIVILEGES A ND ELECTIONS. J.. O Patterson. D. H. Magill. R. W. Nichols. O. W. Potts. W. B. Gause. J. B. W'ingard. J. W. Hill.

AGRICULTURE. .E. M Seabrook. D. F. Eﬁrd. W. M. Brown. 606 S TANDING COMMITTEES OF THE HOUSE.

B. L everett. .O. W Potts. W.. D Bennett. .J. A Hinton. Ralph. S DesChamps.

CLAIMS.

J.. O Wingo. H.. C Little. W.. R Fox. Theo.. B Gourdin. J. C. Bailey. E.. L Culler. J.. M Mahaffey. G. B. Davis. J.. W King. G.. R W'ebb.

ROADS, B RIDGES AND FERRIES.

G.. W Richardson. J.. O Wingo. T.. F Stackhouse. J.. M Murphey. Matthew Hendrix. B.. F Holman. Welcome Quick. S.. N Pearman. Cyrus Mims. Ralph. S DesChamps.

ACCOUNTS. R.. M Lofton.. G. A. Rankin. J.. N Humphrey. J. B. Black. K.. D Edwards. Joseph Glover. J. H. Lesesne. J. A. Hinton. F.. P McCain. STANDING C OMMITTEES OF THE HOUSE. 607

MILITARY.

.D. O Herbert. E. D ennis, Jr. J. E. Jarnegan. .L. W Haskell. Lewis Dorroh. Theo. B. Gourdin. W. E. James. M.. W Pyatt. C.. S Ford. .R. G Parnell.

PUBLIC B UILDINGS.

T.. F Stackhouse. J. W. Hill. W.. M Brown. H. C. Little.

STATE H OUSE AND GROUNDS.

T.. Y Williams. W. L. Mauldin. Adam H. Moss. R. \V. Nichols. ' J. H. Brooks. J.. P Bunch. .E. C Doyle. S.. W Russell. J.. H Clifton. 608 S TANDING COMMITTEES OF THE HOUSE.

INTERNAL I MPROVEMENTS.

.J. W Hill. A.. C Lyles. .G. A Rankin. W. C. Smith. \lVClCOﬂlC Quick. J. M. Wise. .W. P W'right. J. P. Youmans. D. B. Peurifoy. Cyrus Mims.

EDUCATION.

B.. A Morgan. E. H. Aull. Huger Sinkler. Arthur Kibler. Adam H. Moss. D. D. McColl, Jr. J. Bell Towill. M. P. Tribble. R.. H Walker. W.. D Kirby.

RAILROADS.

J. R . Coggeshall. T . H. Rainsford. M. P. DeBruhl. P.. B Callison. J. H. Clifton. ' J. D. Carwile. E. L. Culler. G. R Dayls .J. H Lesesne. J. W. DeVore. G STANDING C OMMITTEES OF THE HOUSE. 609

INCORPORATIONS.

.R. A Cooper. .J. R Coggeshall. E. J. Dennis, Jr. D. H. Magill. .R. M Lofton. _T. B. Fraser. Theo. B. Gourdin. Lewis Dorroh. M. G. Donnald. John McMaster. T. O. Middleton. B. Frank Kelley.

MINESND A MINING.

J.. M Humphrey. W'. R. Fox. G. A. Rankin.

K.. D Edwards. F. P. McCain. C. S. Ford. H. Spann Dowling. W. D. Bennett.

PENITENTIARY.

W.. M Brown. J. H. Brooks. R. \V. Nichols. J. E. Jarnegan. Joseph Glover. E. L. Ready. M. W. Pyatt. S. W. Russell. T. C. Strong. .Jodie M Rawlinson. 610 S TANDING COMMITTEES OF THE HOUSE.

NDCOMMERCE A MANUFACTURES.

T. F. S tackhouse. G . R. Webb. W. J. Johnson. J. R. Haile. J. W. K ing. .B. P Carey. D.. D Harrellson. T. “I. Traylor. J. E. Herbert. Jesse Mahaﬁ'ey. M. G. Donnald.

NDOFFICES A OFFICERS.

John. F Banks. Arthur Kibler. Robert Lide. .P. S Wall. _ W. T urner Logan. G. W. Richardson. D. B. Peurifoy. Jeremiah Smith. W. Judson Sarratt.

ORHOSPITAL F INSANE.

O“‘07 I'Iiwi—‘K—“r‘ mawoﬁmwg

.Z a : g . L an ham. . . L ... D Lancaster. . Beamguard. $5 . G Donnald. L. Ba SS. STANDING C OMMITTEES OF THE HOUSE. 611

MEDICAL A FFAIRS. .J. B Black. J.. E Jarnegan. .W. C Smith. S.. T D. Lancaster. E. C. Doyle. P.. D Barron. J.. B Leyerett. W.. C Irby, Jr. Matthew Hendrix.

PUBLIC P RINTING.

J.. P Thomas. Jr. J. Bell Towill. J.. H Brooks. .J. O Patterson. D. 0. Herbert. W. L. Mauldin. J. W'. Doar. J.. H Lesesne. W. E. James. B.. P Carey.

ENGROSSED B ILLS.

W. P . Pollock. S. N. Pearman. W. C. Smith. G. L. Toole. .T. W Traylor. R. J. Wade. .P. S Wall. .J. B Wingard. T. C. Strong.

LEGISLATIVE L IBRARY.

.Adam H Moss. .R. A Cooper. C.. J Colcock. Altamont M oses. 40—8. J.—(500) 612 S TANDING COMMITTEES OF THE HOUSE.

R.. H Walker. J. P. Youman-s. M. P. Tribble. M. W. Pyatt. W.. P Wright.

ENROLLED A CTS.

Arthur K ibler. D. D. CcColl, Jr. G. M. Stuckey. A. L. Gaston. \Velcome Quick. Lewis Dorroh. .J. M Wise. D.. O Herbert. J.. A Hinton.

NDBANKING A INSURANCE.

Huger S inkler. John McMaster. Arthur Kibler. H. L. Bomar. Robert Lide. J.. C Mace. W.. D Kirby. G. K. Laney. F.. C Bates.

DISPENSARY.

.W. O Tatum. J.. G Richards, Jr. J. P. Thomas, Jr. D.. J Baker. .J. P Bunch. E. L. Ready. W. L. D.. H Magill. W. B. Gause. STANDING C OMMITTEES OF THE HOUSE. 613

RULES.

D.. H Magill. J.. P Thomas, Jr. W. L. Mauldin. T.. Y Williams. Altamont Moses. T. H. Rainsford. E. H. Aull. T.. B Fraser. Richard S. Whaley.

COMMITTEE T O EXAMINE INTO EXPENDITURE OF APPROPRIATIONS FOR STATE EDUCA TIONAL INSTITUTIONS.

T.. H Rainsford. Arthur Kibler.

COMMITTEE T O CONSIDER COMPLETION OF STATE HOUSE. '

.T. Y Williams. J. O. Patterson. Jodie M. Rawliinson.

COMMITTEE ( ELECTED BY THE COMMITTEE ON STATE HOSPITAL FOR THE INSANE) TO EXAMINE ACCOUNTS OF PENAL AND CHARITABLE INSTITUTIONS.

J.. H Brooks. J. E. Beamguard.

COMMITTEE T O EXAMINE AND CHECK UP THE BOOKS OF THE DISPENSARY.

.Joseph G lover. R. W. Nichols. 614 S TANDING COMMITTEES OF THE HOUSE; COMMITTEE T O EXAMINE THE BOOKS AND VOUCH ERS OF THE STATE TREASURER, COMPTROLLER GENERAL AND COMMISSIONERS OF THE SINKING FUND.

W.. J Johnson. J. G. Richards, Jr.

COMMITTEE T O CONTRACT FOR SUPREME COURT . REPORTS. J.. R Coggeshall. A. H. Moss.

COMMITTEE T O CONSIDER HOW BEST TO PUT THE STATE UPON A CASH BASIS. John. P Thomas, Jr. Altamont Moses. W. O. Tatum.

COMMITTEE T O INVESTIGATE AND REPORT ON CER TAIN REPAIRS ON STATE HOUSE.

Altamont M oses. C. J. Colcock. S. T. D. Lancaster. SENATE C ONCURRENT RESOLUTIONS.

A C ONCURRENT RESOLUTION Relating to Funeral of Chief Justice McIver. Resolved b y the Senate, the House of Representatives concurring, That a Committee of three be appointed on the part of the Senate ' and a Committee of ﬁve on‘the part of the House to attend the func ral of the late Chief Justice Henry McIver.

In t he Senate, Columbia, S. C., January 13, 1903. The Senate adopts the within Resolution and orders that it be sent to the House for concurrence. By order of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, Columbia, S. C., January 13, 1903. The House agrees to the Concurrent Resolution and orders same returned to Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Recommending t he Setting Apart a Day to do Honor to the Memory of General \Vade Hampton.

Resolved b y the Senate, the House of Representatives concurring, That the Governor’s special message recommending that a day be set 616 S ENATE CONCURRENT RESOLUTIONS. aparty b the General Assembly to do honor to the memory of \Vade Hampton, South Carolina’s great soldier, statesman and patriot, be referred to a Special Committee, consisting Of two members of the Senate, to be appointed by the President of the Senate. and three members of the House, to be appointed by the Speaker of the House. who shall make such arrangements as will appropriately carry out the Governor’s recommendations.

In t he Senate, Columbia, S. C., January I4, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order Of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House Of Representatives, Columbia, S. C., January 16, 1903. The House agrees to the Concurrent Resolution and orders same returned to the Senate, with concurrence. By order of the House. TOM C. HAMER, Clerk.

1 A C ONCURRENT RESOLUTION Relating t o Elections at the Present Session. Resolvedy b the Senate, the House of Representatives concurring, That it be referred to the Committee on Privileges and Elections of the two Houses, to ascertain and report what ofﬁces are to be ﬁlled by election Of the General Assembly at the present session.

In t he Senate, Columbia, S. C., January 14, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order of the Senate. ROBERT R. HEMPHILL, Clerk. SENATE C ONCURRENT RESOLUTIONS. 617

In t he House of Representatives, Columbia, S. C., January 16, 1903. The House agrees to the Concurrent Resolution and orders same returned to Senate with concurrence. By o rder of the House. _ TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Fixing the Time for Election of a Chief Justice and Other Ofﬁcers.

Bet i resolved by the Senate, the House of Representatives con— curring, That the two Houses shall meet in Joint Assembly on Tues— day, the 20th inst.. at 12 M., for the purpose of electing a Chief Jus tice of the Supreme Court to ﬁll the vacancy occasioned by the death of the late lamented Chief Justice Henry McIver. Bet i further resolved. That at the same time elections shall be held for the following ofﬁcers: First. A Superintendent of the Peniten tiary for the term of two years. Second. Three Directors of the Penitentiary for the term of two years each. That in making nomi nations for such officers. no remarks shall be indulged; and no more than one second shall be allowed to any nomination.

In t he Senate, Columbia, S. C., January 15, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By o rder of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, Columbia, S. C., January 16, 1903. The House agrees to the Concurrent Resolution and orders same returned to the Senate with concurrence. By o rder of the House. TOM C. HAMER, Clerk. 01s S ENATE CONCURRENT RESOLUTIONS. A C ONCURRENT RESOLUTION Relating t o Inauguration.

yResolved b the Senate, the House of Representatives concurring, Thatia Committee consisting of two Senators and three members of the House be appointed, who shall wait upon the Honorable D. C. Heyward, the Governor-elect, and inform him of his election, and that they ascertain when it will please him to take the oath of office. 2. T hat the same Committee wait upon the Honorable John T. Sloan, and inform him of his election to the office of Lieutenant Governor, and that they inform him of the time fixed by the Gover nor-elect when it shall please him to qualify, and that they invite the Lieutenant Governor to be present at the same time for the same purpose. 3. T hat the said Committee do make the proper arrangement for the occasion of the taking of the oath of oflice by the Governor and Lieutenant Governor.

In t he Senate, Columbia, S. C.. January 20, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives. Columbia, S. C., January 20, 1903. The House agrees to the Concurrent Resolution and orders same returned to the Senate with concurrence. ' By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION In Regard to the Late General Wade Hampton.

I. Be it resolved by the Senate, the House of Representatives con curring, T hat the General Assembly cordially approves the action of his Excellency GOVernor M. B. McSweeney in inviting General SENATE C ONCURRENT RESOLUTIONS. 619 .M. C Butler to deliver before the Legislature an address upon the life and services of the late General Wade Hampton, and adopts his recommendations. III. R esolved, That the two Houses meet in Joint Assembly on Friday, the 23d January inst., at 12 o’clock M., to receive the orator appointed and to hear his address, and otherwise pay suitable marks of respect to the memory of her great soldier and statesman. III. R esolvedThat the Joint Committee heretofore appointed be continued as a Committee of Arrangements to properly carry out the object of these Resolutions. -

In t he Senate, Columbia, S. C., January 21, 1903. The Senate agrees to the Resolution and orders that it be returned to the House with concurrence. By o rder of the Senate. ROBERT R. HEMPHILL. Clerk.

In t he House of Representatives, Columbia, S. C., January 23, 1903. The House agrees to the Concurrent Resolution and orders same returned to Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION ' P roviding for the Election of a Code Commissioner.

Whereas a v acancy exists in the oﬁice of Code Commissioner by reason of the resignation of W. H. Townsend, Esq. Therefore, be 1t yResolved b the Senate. the House of Representatives concurring, That both Houses convene in Joint Assembly, on Tuesday next, January 27th inst., to elect a Code Commissioner for the unexpired term of \V. H. Townsend. Esq., such election to be held immediately after the election for one Associate Justice of the Supreme Court. 620 S ENATE CONCURRENT RESOLUTIONS.

In t he Senate, Columbia, S. C., January 22, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. . By order of the Senate. ROBERT R. HEMPHILL. Clerk.

In t he House of Representatives, Columbia, S. C., January 27, 1903. The House agrees to the Concurrent Resolution and orders same returned to the Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Prohibiting S peech-es or More than one Second on a Nomination.

Resolvedy b the Senate, the House of Representatives concurring, That there shall be no speeches, and but one second in each instance, in presenting the names of candidates for Associate Justice to ﬁll the unexpired term of Hon. Y. J. Pope, and for the position for Code Commissioner, on Tuesday, the 27th inst., in the Joint Assem bly.

nI I the Senate, Columbia, S. C., January 26, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order of the Senate. . ROBERT R. HEMPHILL. Clerk.

In t he House of Representatives, Columbia, S. C., January 27, 1903. The House agrees to the Concurrent Resolution and orders same returned with concurrence. By o rder of the House. TOM C. HAMER, Clerk. SENATE C ONCURRENT RESOLUTIONS. 621

A C ONCURRENT RESOLUTION Looking to the Preservation of Old Fort Ninety-Six.

Whereas. O ld Fort Ninety-Six; being the most complete relic of its kind existing in the United States, and a valuable object-lesson in the history of our nation. And whereas, the tunnel is being grad ually destroyed by the ravages of time, and the fort is liable to be defaced or destroyed. Therefore, tBe i resolved by the Senate. the House of Representatives con curring. 1st. T hat it is the sense of the General Assembly of South Caro— lina. That the Government of the United States should acquire this fort and grounds, and preserve them as a memorial to the heroes of the colonial days and of the Revolutionary War. 2d. T hat the Clerks of the Senate and House of Representatives shall certify these Resolutions to the President of the United States and to the United States Senators and Representatives in Congress from South Carolina.

In t he Senate, Columbia, S. C., January 27, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives. Columbia, S. C., February 17, 1903. The House agrees to the Concurrent Resolution and orders same sent to Senate for concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Providing for the Election of Trustee for the South Carolina College.

tBe i resolved by the Senate, the House of Representatives con curring, That when the Senate and House reconvenes this day, as 622 S ENATE CONCURRENT RESOLUTIONS.

provided f or in Joint Assembly, there shall be elected one Trustee for the South Carolina College to ﬁll the vacancy occasioned by the resig— nation of the Hon. John T. Sloan; said election to be held forthwith after the election of a Code Commissioner. Resolved, f urther, That if the purposes for which the Joint As— sembly shall reconveneshall not be accomplished at a quarter of an hour before 3 o'clock this P. M., it shall be the duty of the presiding ofﬁcer of the Joint Assembly to declare a recess until the hour of 8 o'clock P. M., this day.

In t he Senate, Columbia, S. C., January 28, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By order of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, Columbia. S. C., January 28th, 1903. The House agrees to the Resolution and orders same returned to the Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION To P rovide for a Committee to Examine the Accounts, 'Vouchers and Books of the Penal and Charitable Institutions.

tBe i resolved by the Senate and House of Representatives of the State of South Carolina, That a Committee. consisting of one Sen ator, to be appointed by the President of the Senate, and two mem bers of the House, to be appointed by the Speaker of the House of Representatives, be appointed, whose duty it shall be to examine the accounts, vouchers and books of the penal and charitable institutions of this State, as provided in Sec. 81, of Vol. 1, of the Code of Laws of South Carolina of 1902. ' SENATE C ONCURRENT RESOLUTIONS. 623

In t he Senate, Columbia, S. C., February 4, 1903. The Senate agrees to the resolution and orders that it be sent to the House for concurrence. By order of the Senate. _ ROBERT R. HEMPHILL. Clerk.

In t he House of Representatives, Columbia, S. C.. February 5, 1903. The House agrees to the Resolution and orders same returned to the Senate with concurrence. By order of the House. TOM C. HAMER. Clerk.

A C ONCURRENT RESOLUTION Urging P resident Roosevelt to Approve the Act Providing for Addi tional Sessions of the Federal Court.

tBe i resolved by the Senate, the House of Representatives con curring, That the President of the United States be, and he is hereby. most respectfully urged to approve an Act of Congress now passed, providing for sessions of the Federal Courts for this State, to be held in each of the cities of Spartanburg and Rock Hill, in this State, be cause of the great convenience it would afford to our citizens, and that a copy of this Resolution be forthwith forwarded by the Clerk of the Senate to his Excellency Theodore Roosevelt, the President of these United States, at \Nashington, D. C.

In t he Senate, Columbia, S. C., February 5, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. ROBERT R . HEMPHILL, Clerk.

In t he House of Representatives, Columbia, S. C., February 6th, 1903. The House strikes out the resolving words of the Resolution and orders same returned to the Senate. By order of the House. TOM C. HAMER, Clerk. 624 S ENATE CONCURRENT RESOLUTIONS.

A C ONCURRENT RESOLUTION Relating to a Monument to General Wade Hampton.

Bet i resolved by the Senate, the House of Representatives con curring, That a Joint Committee of Five be appointed to take into consideration the recommendation of the last Democratic State Con vention in reference to the erection of a suitable monument to the memory of. W'a-de Hampton; the Joint Committee to be composed of two on part of the Senate, appointed by the President of the Senate, and three from the House, appointed by the Speaker of the House.

In t he Senate, Columbia, S. C., February 5, 1903. The Senate agrees to the Resolution and orders that it be sent to the H ouse for concurrence. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, Columbia, S. C., February 5. 1903. . The House agrees to the Resolution and orders same returned to the Senate with concurrence. By o rder of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Proposing a C ommission to Ascertain what Work is Necessary to be Done on the Inside of the State House, etc.

tBe i resolved by the Senate, the House of Representatives concur ring, That two Senators, to be appointed by the President of the Senate, and three Representatives, to be appointed by the Speaker of the House. who shall constitute a Commission to ascertain what work is necessary to be done to the inside of the State House, and to the roof thereof; also, to inquire and ascertain what is the condition of the heating apparatus, if the same can be repaired, and what will be the cost therefor. If it cannot be repaired, what will be the cost to put in a new heating plant. Further, to obtain estimates for erect SENATE C ONCURRENT RESOLUTIONS. 625 ing a r etaining wall around the terrace of the State House and ap proaches thereto, and to report the same to the General Assembly at its next session; and the said Commission shall be authorized to sit during the recess of the General Assembly.

In t he Senate, Columbia, S. C., February 17, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. ROBERT R . HEMPHILL, Clerk.

In t he House of Representatives, Columbia, S. C., February 18, 1903. The HOuse agrees to the Resolution and orders same returned to Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION TO A ppoint a Special Commission to Consider the Completion of the State House.

tBe i resolved by the Senate, the House of Representatives concur ring, That the several reports of the Commission for the completion of the State House be, and the same are hereby, referred to a Special Committee, consisting of two Senators, to be appointed by the Presi dent of the Senate, and three members of the House of Representa tives, to be appointed by the Speaker of the House of Representa— tives, to consider the same, and report to the next session of the General Assembly such facts and recommendations in reference thereto as they may deem advisable. That said Committee be em powered to sit during the recess, to appoint a secretary, and to em ploy an architect, to summon witnesses, and shall keep a record of all of its proceedings, and submit the same with the report to the General Assembly. 626 S ENATE CONCURRENT RESOLUTIONS.

In t he Senate, Columbia, S. C., February 16, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. ROBERT R . HEMPHILL. Clerk.

In t he House of Representatives, Columbia, S. C., February 17, 1903. The House agrees to the Resolution and orders same returned to Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Requesting a n Appropriation from Congress to Straighten Pee Dee River.

Whereas, t he physical condition, such as clearing and draining ad jacent lands, has so changed along the head waters of the Pee Dee and such other rivers which ﬂow into same, that all the lowlands from Cheraw until the same reaches near Georgetown have become almost valueless on account of the overﬂows in the Pee Dee River, which destroys all crops planted on same and renders it impossible to util ize said land for pasturage; and whereas, it appears that this condi tion could be changed if the said river was straightened; and it further appearing that from Cheraw to Georgetown there is only twenty-nine miles which is so looped as to cause this trouble, and that the necessary work could be done so as to straighten the said river by the expenditure of a small amount of money, which would make valuable all the lands bordering on the Pee Dee River, and at the same time make said river navigable by removing the bends and loops in same. Bet i resolVed by the Senate of South Carolina. the House of Rep resentatives concurring, That our Senators and Representatives in Congress be requested to use their best endeavors and efforts to secure an appropriation from the General Government for the pur pose of having the said Pee Dee River straightened. Resolved, T hat two engrossed copies thereof be transmitted, one SENATE C ONCURRENT RESOLUTIONS. 627 by t he Clerk of the Senate and one by the Clerk of the House, to our Senators, to be submitted by them to the Representatives in Con gress from this State, and that they together take such steps in the premises as their wisdom may dictate.

In t he Senate, Columbia, S. C., February 18, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By o rder of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, ' Columbia, S. C., February 19, 1903. The House agrees to the Resolution and orders same returned to Senate with concurrence. By order of the House. TOM C. HAMER, Clerk.

A C ONCURRENT RESOLUTION Relative to Putting the State on a Cash Basis.

tBe i resolved by the Senate. the House of Representatives con curring, That a Committee be appointed, consisting of two Senators and three Representatives, to be appointed by the President of the Senate and the Speaker of the House of Representatives, respect— ively, to consider how best to put the State upon a cash basis, what additional sources of revenue for the State are available, and what changes should be made in existing laws for the assessment and col— lection of taxes; that said Committee have power to sit during the recess; that said Committee file its report with the Governor by Jan uary Ist, 1904, to be by him transmitted to the General Assembly at its next session; and that said Committee be allowed its actual ex penses only for not exceeding fifteen days, to be paid on the warrant of the Comptroller General upon an itemized account of said ex penses filed with him. 41—8. J .—(500) 628 . SENATE CONCURRENT RESOLUTIONS. In t he Senate, Columbia, S. C., February 20, 1903. The Senate agrees to the Resolution and orders that it be sent to the House for concurrence. By o rder of the Senate. ROBERT R. HEMPHILL, Clerk.

In t he House of Representatives, _ Columbia, S. C., February 20, 1903. The House agrees to the Resolution and orders same returned to the Senate. - By o rder of the House. TOM C. HAMER, Clerk. SENATE R ESOLUTIONS. 629

SENATE R ESOLUTIONS.

January 1 3, 1903. Mr. M AYFIELD: Resolved, T hat so much of the Message of his Excellency the Gov— ernor as refers to ﬁnances, be referred to Committee on Finance; road improvement, to Committee on Roads, Bridges and Ferries; education, common schools, and colleges, to Committee on Educa tion; Institution of Deaf, Dumb and Blind, and Hospital for Insane, to Committee on Penal and Charitable Institutions; child labor, to Committee on Commerce and Manufactures; special Courts and all other references to legal matters, to Committee on Judiciary; new mansion, Indian trust funds, and all other penal matters, to Commit— tee on Finance; phosphate interests, to Committee on Mines and Mining; Railroad Commission, to Committee on Railroads; State militia and pensions, to Committee on Military; State Board of Health, to Committee on Medical Affairs; State Penitentiary, to Committee on Penitentiary; department of immigration, to Commit tee on Immigration; State Geologist, to Committee on Mines and Mining; Dispensary, to Committee on Dispensary; historical re cords, to Committee on Legislative Library. Adopted. Mr. B ROWN: Resolved, T hat it be referred to the Judiciary Committee to take appropriate action by Resolution or otherwise in regard to the death of the late Chief Justice Henry McIver. Agreed t o. January [ 4. ' Mr. A LDRICH: Resolvedy b the Senate, That the President of the Senate be, and he is hereby, authorized to appoint one additional laborer for the Senate, to be under the control and direction of the Sergeant-at Arms, and to receive the same compensation as the other laborers heretofore appointed. Adopted. 630 S ENATE RESOLUTIONS.

January 2 1. Mr. D AVIS: Resolved, T hat the Clerk of the Senate have printed for the use of the Senate fifty additional copies each of the Journal and Calen dar of the Senate. Adopted. January 2 3. Mr. A LDRICH: \Vade H ampton is no more! On the eleventh day of April in the year of our Lord 1902, one of the most illustrious sons 'of South Carolina was gathered to his fathers, in a ripe old age, in the midst of “that which should accompany old age, as honor, love, obedience, troops of friends." In t he course ofhis long and eventful life, he discharged all the duties of a citizen both in war and peace in a manner worthy of the admiration of all succeeding ages. His s ervices in the war between the States, in the successive grades of command from Colonel of the Hampton Legion to Lieu tenant General in the army of the Confederate States, will live forever on the pages of history. Shot and shell and steel left their marks on his princely frame to show how he redeemed his pledge of life and honor to South Carolina and the South. After t he great struggle of arms, his services in peace were fitly crowned by his redemption of the Stat-e in 1876, from the rule of the alien and traitor; by his administration as Governor, and his career in the Senate of the United States. He has left to the State of his birth and love the memory of a life worthy the honor, love, imita tion and confidence of her sons for all times to come. Bet i resolved by the General Assembly of the State of South Carolina, in Joint Assembly convened: First. T hat in the death of Wade Hampton, the State of South Carolina has lost her greatest soldier and statesman, who, called to the highest positions in great emergencies of public need, ever ex emplified the most chivalric and filial devotion to her interests, honor and glory. ' Second. T hat his services to the State deserve to be commemo— rated by a monument more enduring than brass, which shall keep forever green the memory of the life and virtues of Wade Hampton. Third. T hat this preamble and these resolutions be properly en grossed and communicated to the family of the deceased. Agreed t o. SENATE R ESOLUTIONS. 631

February 1 1. Mr. RAYSOR: Resolved, T hat Joint Resolution No. 161 be recommitted to the Committee on the Dispensary, and that Committee have power and authority to send for persons and papers, to employ a stenographer, and investigate the necessity for the passage thereof, and that the testimony before said Committee be reported to this session of the Senate, and that the Committee be allowed to sit during the sessions of the Senate. Adopted.

February 1 3. Mr. HYDRICK: Resolved, T hat the Superintendent of the Penitentiary be, and he is hereby, required to transmit to the Senate at once the contract made with John M. Graham for the furnishing to him of convicts within the Penitentiary, and all papers in connection therewith, or copies thereof; and that he also inform the Senate whether or not the terms of said contract have been fully complied with by said Graham, and whether the Directors of the Penitentiary have had any trouble, under existing laws, in complying with the same on their part. And that the Clerk of the Senate furnish a copy of the foregoing Resolution forthwith to the Superintendent of the Peni tentiary. Adopted.

February 1 8 . Mr. RAYSOR : Resolvedy b the Senate. That the portrait of the Honorable Arthur Middleton, an illustrious son of this State, who contributed so much to its former renown, and whose public services are grate— fully enshrined in the hearts of the people, presented to the Senate by the Honorable John Izard Middleton, be and is hereby accepted, and that the thanks of the Senate are tendered to the donor. Resolved f urther, That the Sergeant-at—Arms is instructed to place the portrait in an appropriate place in the Senate Chamber. Adopted. 632 S ENATE RESOLUTIONS. February 2 1. I.e B it resolved by the Senate of South Carolina, That the thanks and acknowledgments of the Senate are due and are hereby tendered to Lieutenant Governor John T. Sloan, President of the Senate, for the high courtesy, generous consideration and distinguished ability with which he has presided over the deliberations of the Senate during the present session, and the ease and felicity with which he has dispatched the business of the Senate justifies the patriotic action of the people in placing him in his present high and honorable posi tion. II. R esolved, That the thanks of the Senate are likewise tendered to the Honorable John C. Sheppard, President pro tem., for his continued able, courtly and efficient performance of the duties of the Chair, and that the Senate wishes for its said two presiding officers that prosperity, honor and happiness which their great worth, patriotism and abilities entitle them to. Adopted.

Mr. R AYSOR: I.e B it resolved, That the thanks of the Senate are due and are hereby tendered to its faithful, capable and courteous Clerk, the veteran soldier and accomplished citizen, General Robert R. Hemp hill, for the eﬁicient and satisfactory manner in which he has per formed the important and arduous duties of the office of Clerk of the Senate, upon which the work of legislation so largely depends. II. R esolved, That the Assistant Clerk, Mr. R. M. McCown, Ser gean-t—at-Arms F. Schumpert, Reading Clerk W. H. Stewart, and the other ofﬁcers and employees of the Senate, are commended for the faithful and efficient performance of their duties, and the Senate wishes them all prosperity and happiness. III. R esolved, That Messrs. Paul M. Brice and Frank P. Cooper, representatives of the press during the present session, are entitled to the acknowledgments of the Senate for their full, impartial and' accurate reports of the proceedings of the Senate, and by their courtesy and kindness have earned the good will and highest consid eration of the members of this body. Adopted. HOUSE R ESOLUTIONS. 633

HOUSE R ESOLUTIONS.

January I 3 : 1\Ir. M ORGAN offered the following: Resolved, T hat a Committee of Three be appointed to wait upon the Governor and inform him that the House is now organized and ready for the transaction of business. \Vhich w as considered immediately and agreed to.

Mr. T HOMAS offered the following: Resolved, T hat the use of the hall of the House of Representa— tives be tendered to the South Carolina Bar Association for use at their annual meeting on Thursday evening, Friday afternoon and Friday evening. Which w as agreed to.

January 1 4: Mr. M OSES introduced the following Resolution, which was con sidered immediately and agreed to: Amend R ule 17 by inserting after the words, “A Committee on Banking and Insurance,” the words, “A Committee on the Dispen sary.” ' Mr. M OSES introduced the following Resolution, which was con sidered immediately and agreed to: Bet i resolved, That the Clerk have printed ﬁve hundred copies of the Rules for the use of the House.

January I 5 : Mr. W INGO introduced the following Resolution, which was considered immediately and agreed to: H. 4 .——Resolved, That the Journals of the preceding day be placed eachupon daily the desks session. of the members of A the House ﬁfteen minutes before 634 H OUSE RESOLUTIONS.

Mr. A ULL introduced the fOllowing Resolution, which was con sidered immediately and agreed to: H. 5 .—The Supreme Court having assigned 8 o’clock of the evening of the 22d inst. for the memorial exercises, upon being- in formed of the death of the late Chief Justice: tBe i resolved, That the hall of the House of Representatives be tenderedsaid occasion. to the Supreme Court and Committee of Arrangements I for

Mr. A ULL introduced the following Resolution, which was con— sidered immediately and agreed to: . H. 6 .——Bc it resolved, by the House of Representatives, That the President and members of the Senate be invited to attend in the hall of the House of Representatives at 12 M. to-morrow, the 16th instant. to witness the opening and counting by the Speaker of the House of Representatives of the votes cast for Governor and Lieutenant Gov ernor at the last general election.

7January 1 : Mr. S INKLER introduced the following Resolution, which was considered immediately and agreed to: H. 4 I.—Mr. Sinkler: Whereas the frequency of the demand for the holding of special terms of Court throughout the State indicates that the present congested condition of the calendars of the Courts may be relieved by legislation and the interests of the State subserved thereby, \ Resolved, T hat a Committee consisting of two members from each Judicial Circuit be appointed by the Speaker. to enquire as to the con— ditions of the Courts and as to the expediency of creating additional Judicial Circuits, with leave to report by bill or otherwise.

Mr. H ERBERT introduced the following Resolution, which was considered immediately and agreed to: H. 5 9.—-Mr. Herbert: Resolved, That it be referred to the Com mittee on Rules to supervise the publication of the Rules of this House as heretofore ordered, and to see that all amendments and necessary corrections to said Rules be duly incorporated in the Rules to be printed. ‘

Mr. L ESESNE introduced the following Resolution, which was considered immediately and agreed to: HOUSE R ESOLUTIONS. 635 H. 6 o.—Mr. Lesesne: Resolved, That the Sergeant-at-Arms be authorized and required to provide the hall with twelve additional comfortable chairs like the ones used by the majority of the mem bers, to be used by those members in the rear of the House who are now uncomfortably seated and cramped for room.

January 3 0: Mr. T HOMAS introduced the following Resolution, which was considered immediately, and agreed to: H. 2 81.—Mr. Thomas: A Resolution providing for additional copies of the House Journal. Resolved, That the Clerk of the House have printed for the use of the House ﬁfty additional copies of the House Journal.

February 3 : Mr. T ATUM introduced the following Resolution, which was or dered for consideration to-morrow: H. 3 50.—Mr. Tatum: A Resolution prohibiting driving across -the State House grounds: Resolved, That the Secretary of State be, and the same is hereby, authorized and required to prevent wagon teams from passing over the State House grounds while the House of Representatives is in session. February 1 7, continued, on motion of Mr. Moses.

February 7 : Mr. D EBRUHL introduced the following Resolution, which was considered immediately and agreed to: Resolved, T hat only uncontested matters be taken up to-day, until all such matters on the Calendar are disposed of.

Mr. K IBLER offered the following, which was agreed to: H. 457.—Mr. Kibler: Resolved, That no Bills shall be introduced ‘ after Wednesday next except through Committees.

Mr. E FIRD introduced the following Resolution: H. 5 62.—Mr. Eﬁrd: Resolved by the House of Representatives, That no Bill or Joint Resolution shall be introduced into this House after to—morrow, the 12th February, 1903, except by a Committee. Considered i mmediately and agreed to. 636 H OUSE RESOLUTIONS. February 1 3, amended by striking out “12th” and substituting

(ll4th.,’

February 1 6 : Mr. J EREMIAH SMITH introduced the following Resolution. which was considered immediately and agreed to: H. 6 01.-—Mr. jeremiah Smith: Be it resolved, That during the remainder of this session all speeches shall be limited to ﬁve minutes, and no member shall speak more than once, on the same subject, except by unanimous consent of the House. '

February 1 9 : Mr. D EBRUHL introduced the following Resolution, which was ~onsidered immediately and agreed to: H. 6 6o.—Mr. DeBruhl: Resolved, That all House Bills on the Calendar be continued until the next session of the General Assem bly, and that after ﬁnal adjournment the Clerk make up, and mail to each member of the House, a Calendar of all continued Bills.

February 2 1 : considered Mr. P OLLOCK immediately introduced and agreed the following to: Resolution, which was i

H. 6 73.——Mr. Pollock: Resolved, That. the Speaker and the Clerk of the House be, and they are hereby, authorized to purchase new robes for their use out of the House contingent fund and the Clerk’s contingent fund, respectively, for this term. Mr. T HOMAS introduced the following Resolution, which was considered immediately and agreed to: H. 6 74.——Mr. Thomas: Resolved, That the use of the Hall of the House of Representatives be tendered to the Tri-State Medical As sociation to convene in the city of Columbia, February 25—26.

Mr. D OWLING ofi‘ered the following Resolutions, which were unanimously agreed to: Whereas, t he Hon. M. L. Smith has presided over the deliberations of this body with fairness, efficiency and marked ability; and Whereas, e ach member hereof, speaking as a Representative and as an individual, desires to place upon record his appreciation and HO U 'SE RESOLUTIONS. 637 endorsement o f the Speaker of this House; and eWhereas, w are about to say goodbye for a season, and are taking our leave; therefore, I tBe i resolved, That the House hereby tenders the Hon. M. L. Smith its appreciation of the able and impartial manner in which he had ruled over its deliberations, wishing him Godspeed in all things pertaining to his welfare and happiness, and looking forward with confidence to his presiding at the next session. tBe i further resolved. That the House hereby tenders its thanks to the Hon. T. Y. Williams for his impartial rulings and efficient manner in which he presided over the House as Speaker pro tem. tBe i further resolved, That the House tenders its thanks to the Clerk, Col. Tom C. Hamer, and to J. Wilson Gibbes, the Assistant Clerk, and J. S. Withers, J. S. Wilson and all other officers and attaches who have so faithfully contributed to the satisfactory dis patch of the business of this body; and to Messrs. August Kohn and William Banks for the fair and impartial reports they have made of the proceedings, in The News and Courier and The State, the news papers which they respectively represent.

Mr. T ATUM oﬁered the following Resolution: H. 6 75.-—Mr. Tatum: Resolved, That a Committee of Three be appointed to wait on his Excellency the Governor and ascertain if he have any further communication to make to the General Assem bly, as this body is now ready to adjourn sine d‘ie. Considered i mmediately and agreed to. 638 H OUSE CONCURRENT RESOLUTIONS.

HOUSE C ONCURRENT RESOLUTIONS.

January 1 5 : H. 7 .—Mr. SINKLER: A Concurrent Resolution: Whereas, P resident Roosevelt has recently named W. D. Crum for Collector of Customs at the port of Charleston, and said appoint ment is now pending confirmation by the Senate; and Whereas, t he President has ignored the earnest protest of the Mayor and citizens representing the business interests of Charelston against said appointment in that the wishes of the people were disre garded and the interests of the port would materially suffer thereby; and Whereas, i t is in consonance with the fundamental principles and genius of our government that the power of appointment vested in the Executive should be exercised not arbitrarily but with regard to the sentiment and commercial interest of the community afiected thereby; be it Resolved, b y the House of Representatives of the State of South Carolina, the Senate concurring: I. T hat we hereby place on record our protest against the appoint ment of W. D. Crurn for Collector of Charleston as detrimental to the commercial interests of the principal port of the chief city of our State and in disregard of the sentiment and wishes of our people. 2. T hat we hereby appeal to our Senators to exert their earnest efforts to prevent the confirmation of W. D. Crum. 3. T hat a copy of these resolutions be forthwith sent to our‘ two Senators. Considered i mmediately, agreed to and ordered sent to the Senate for concurrence. January 1 7, returned by the Senate with concurrence.

January 1 6: H. I 7.—Mr. WINGARD: A Concurrent Resolution. Resolved by the House of Representatives, the Senate concurring, HOUSE C ONCURRENT RESOLUTIONS. (339

That a C ommittee, to be composed of five members, three of whom shall be from the House. to be appointed by the Speaker of the House, and two from the Senate, be. and the same is hereby con stituted, whose duty it shall be to ascertain what officers are to be elected by the present General Assembly, and the said Committee shall forthwith make a report of their findings .to the House and Senate. Referred t o the Committee on Privileges and Elections. January 2 1, reported on favorably by Committee. January 2 4, agreed to and sent to the Senate. January 2 7, returned by the Senate without concurrence.

H. 1 8.——Mr. HERBERT: A Concurrent Resolution. tBe i resolved by the House of Representatives, the Senate con curring, That the joint rules of the Senate and House of Represen tatives in force during the session of 1902, be, and they are hereby, _ adopted as the joint rules for the government of the Senate and the House of Representatives during the present session. Considered i mmediately, agreed to and ordered sent to the Senate for concurrence. ' January 2 1, returned by the Senate with concurrence.

H. 1 9.—Mr. RAINSFORD: A Concurrent Resolution in rela tion to election of a United States Senator from South Carolina to succeed the Hon. John L. McLaurin: Whereas, t he term for which the Hon. John L. McLaurin was _elected by the present General Assembly, and the said Committee United States will expire on the 4th day of March, A. D. 1903; and \Nhereas, i t is necessary by law to proceed to an election of a United States Senator on the second Tuesday after the meeting and organization of the General Assembly of the State; and Whereas, T uesday, the 27th day of January, 1903, is the second Tuesday after the meeting and organization of the same, therefore, be it yResolved b the House of Representatives of the State of South Carolina, the Senate concurring: I. T hat at 12 o'clock M., on Tuesday, the 27th day of January, instant, the two Houses, in their respective halls, proceed to vote for a person to represent the State of South Carolina in the Senate of the United States for the term of six years, commencing March 4, 1903. 640 H OUSE CONCURRENT RESOLUTIONS.

2. T hat on Wednesday, the 28th day of January, instant, at 12 o’clock M., the two Houses meet in Joint Assembly to aggregate the votes for Senator, and take such other actions as may be required by law, and declare the result of such election. Considered i mmediately, agreed to and sent to the Senate for con currence. _ January 2 7, returned by the Senate with concurrence.

January 1 7: H. 4 2.—Mr. W'ADE: A Concurrent Resolution asking the as sistance of the United States Drainage and Irrigation Department of the Department of Agriculture to investigate and report the best methods of reclaiming and irrigating the lands of South Carolina. Whereas, l arge acres of the most fertile lands of the State of South Carolina are rendered worthless from their lack of proper drainage and from lack of knowledge of controlling'water for purposes of irrigation; and Whereas, t he reclamation of said land would redound to the in— terest of the State and the people at large, provided irrigation and drainage can be so used as to prevent the washing of the soil, caus ing the valleys to fill with gravel and the filling up of the streams with soil; therefore, be it Resolvedy b the House, the Senate concurring: Section I . That the Senators and members of Congress of South Carolina be, and are hereby, requested and urged to use their in fluence with the United States Irrigation and Drainage Department of the Department of Agriculture to cause competent engineers to make a preliminary investigation in this State to determine whether or not irrigation and drainage can be applied so as to prevent injury to our lands as to assist our people in their agricultural pursuits, and to ascertain the expense thereof. ' Sec.. 2 That our Senators and Representatives in Congress be requested to secure this service at the expense of the National Gov ernment and without expense to the State of South Carolina. .Sec. 3 That the faculty of the Clemson Agricultural and Mechan ical College is duly requested to co-operate with and furnish all in ‘ f ormation to said United States Department or engineers, without incurring any expense to the State. Sec.. 4 That a copy of these resolutions be served on each of our Senators and members of Congress. HOUSE C ONCURRENT RESOLUTIONS. 641

Ordered f or consideration to-morrow. January 20, agreed to and sent to the Senate. January 30, returned by the Senate with concurrence.

January1 2 : Mr. P OLLOCK introduced the following Concurrent Resolution, which was considered immediately, agreed to, and ordered sent to the Senate: . H. 8 3.—Mr. Pollock: Resolved by the House of Representatives, the Senate concurring, That the two Houses meet in Joint Assembly in the Hall of the House of Representatives on the 22d inst., at 12 o’clock M., for the purpose of electing on-e Associate Justice of the Supreme Court, to ﬁll out the unexpired term of Justice Y. J. Pope, who has resigned. January 2 3, returned by the Senate with amendment, which was agreed to. January 2 4:

Mr. C OOPER introduced the following, which was ordered for consideration to-morrow : H. 1 7I.—Mr. Cooper: A Concurrent Resolution permitting the introduction of a Bill to amend the charter of the Clinton College Association: Be it resolved by the House of Representatives, the Senate concurring, That a Bill to amend the charter of “The Clin— ton College Association,” to wit: “A Bill to amend an Act entitled ‘An Act to incorporate the Clinton College Association,’ approved December 24, A. D. 1890, by striking out all the Sections of said Act and inserting other Sections in lieu thereof,” be, and the same hereby is, allowed to be introduced in accordance with the requirements of the Constitution of this State. January 2 7, the Concurrent Resolution, not having received the necessary two-thirds vote of all the members of the House, was lost.

6January 2 : Mr. E FIRD introduced the following Concurrent Resolution, which was ordered for consideration to-morrow, printing and refer ence being dispensed with: H. I 73.—-—Mr. Efird: A Concurrent Resolution to fix the time for 642 H OUSE CONCURRENT RESOLUTIONS. the a djournment of this General Assembly: Resolved, by the House of Representatives, the Senate concurring, That the eleventh day of February, A. D. 1903, be, and the same is hereby, fixed as the day on which this General Assembly shall adjourn sine die. February 1 1, tabled and withdrawn from the files of the House.

Mr. L YLES introduced the following Concurrent Resolution, which was ordered for consideration to-morrow: H. I 74.——Mr. Lyles: Be it resolved by the House of Representa tives, the Senate concurring, That a Bill for a special charter to incorporate “The Union Manufacturing and Power Company” be allowed to be introduced, and when so introduced may pass the same as other Bills. January 3 0, returned by the Senate with concurrence.

7January 2 : Mr. W INGO introduced the following Concurrent Resolution: H. 1 92.--Mr. Wingo: Be it resolved by the House of Represen tatives, the Senate concurring: Whereas, i t is expedient that the State Superintendent of Educa tion have his office in the State Capitol; and Whereas, i t is necessary that two offices be so assigned; therefore, be it Resolved, T hat the Agricultural Committee be transferred to the room over the Ways and Means Committee room, and that the room now used by the Agricultural Committee, with the room on the third floor immediately over it, be assigned to the State Superintendent of Education. I Indefinitely p ostponed, on motion of Mr. Moses.

January 3 0: Mr. J OHNSON introduced the following Concurrent Resolution, which was considered immediately, agreed to, and ordered to be sent to the Senate: H. 2 59.—Mr. Johnson: A Concurrent Resolution relating to the examination of the accounts of certain State ofﬁcers: Resolved by the House of Representatives, the Senate concurring, That a Com mittee of Three, consisting of two members of the House, to be ap pointed by the Speaker of the House, and one member of the Senate, HOUSE C ONCURRENT RESOLUTIONS. 643 toe b appointed by the President of the Senate, be, and is hereby, constituted to examine the accounts of the State Treasurer, Comp troller General and Commissioners of the Sinking Fund, as provided by law, and said Commission shall make a report to the General As— sembly in accordance with law. January 3 1, returned by the Senate with concurrence.

Mr. C OOPER introduced the following Concurrent Resolution: H. 2 61.—Mr. Cooper: Be it resolved by the House of Represen tatives, the Senate concurring, That a Bill to incorporate the “Board of Trustees of the Presbyterian College of South Carolina” be, and the same is hereby, allowed to be introduced, in accordance with the requirements of the Constitution of this State. oAgreed t and ordered sent to the Senate. January 3 1, returned by the Senate with concurrence.

Mr. J OHNSON introduced the following Concurrent Resolution, which was considered immediately, agreed to, and ordered to be sent to the Senate: H. 2 82.—Mr. Johnson: Resolved by the House of Representa tives, the Senate concurring, That the two Houses meet in Joint Assembly on February 3, at 8 o'clock P. M ., for the purpose of elect ing one Trustee for \Ninthrop College to ﬁll the vacancy caused by the resignation of the Hon. C. A. Woods. February 3 , returned by the Senate with concurrence.

February 5 : Mr. B OMAR introduced the following Concurrent Resolution, which was considered immediately: H. 3 73.—Mr. Bomar: Be it resolved by the House of Represen tatives, the Senate concurring. that a Bill for a special charter, to wit: A Bill to incorporate the Electric Manufacturing and Power Company, be, and the same is hereby, allowed to be introduced. Agreedo t and sent to the Senate. February 6 , returned by the Senate with concurrence.

Mr. W ILLIAMS introduced the following Concurrent Resolu tion, which was considered immediately: H. 3 74.—Mr. \Villiams: Be it resolved by the House of Repre— sentatives, the Senate concurring, That a Bill for a special charter

42—3. J .—(500) 644 H OUSE CONCURRENT RESOLUTIONS.

A(entitled “ Bill to incorporate the Indianola Water Power Com— pany”) allowed to be introduced, and when so introduced may pass the Senate and House as other Bills. oAgreed t and sent to the Senate. February 6 , returned by the Senate with concurrence.

Mr. M IMS introduced the following Concurrent Resolution, which was ordered for consideration to—morrow: H. 4 12.—Mr. Mims: Be it resolved by the House of Representa tives, the Senate concurring: Section 1. That leave be, and hereby is, given to introduce a Bill entitled “A Bill to amend an Act entitled ‘An Act to incorporate the American Land and Improvement Com— pany,’ " approved December 24, 1891. February 1 7, agreed to and sent to the Senate.

February 1 2: Mr. J OHNSON introduced the following Concurrent Resolution, which was ordered for consideration tO-morrow: H. 5 64.—Mr. Johnson: Be it resolved by the House of Represen tatives of South Carolina, the Senate concurring, That on Saturday, the 21st day of February, 1903, the General Assembly of the State of South Carolina do stand adjourned sine die. February 1 8, agreed to and sent to the Senate. February 2 0, returned by the Senate with concurrence.

Mr. W INGARD introduced the following Concurrent Resolution, which was referred to the Committee on Federal Relations: H. 5 7I.-—Mr. Wingard: A Concurrent Resolution to urge upon the Senators and members of Congress of South Carolina the neces sity for an increase in our navy: Whereas, S outh Carolina believes in the principles promulgated in the “Monroe Doctrine" of opposition to foreign aggression, and the acquisition of territory in the \Nestern Hemisphere by trans marine powers, to the maintenance of which doctrine we are irre vocably committed; and, whereas, the situation in Venezuela is a warning to this nation, and emphasizes the importance of our being prepared as a nation to preserve the inviolability of our own domain and that of sister republics from foreign domination, Resolvedy b the House of Representatives of South Carolina, the Senate concurring, That the Senators and Representatives in the HOUSE C ONCURRENT RESOLUTIONS. 645

Congress o f the .United States, from this State, be, and they are hereby, respectfully requested to employ their efforts to procure the enactment by Congress of such laws as will provide for the strength— ening and improvement of the navy of the United States, to the end that we may at all times, and under all circumstances, cope with foreign powers upon the sea, and thus preserve and maintain the national principles which we cherish. Resolved, f urther, That these Resolutions be properly engrossed and forwarded by mail to the Senators and members of Congress for South Carolina. February 1 7, on motion of Mr. Wingard, the vote whereby the Concurrent Resolution was referred to the Committee on Federal Relations was reconsidered, and the Resolution was ordered for con— sideration to—morrow.

February I 3 : Mr. E FIRD introduced the following Concurrent Resolution, which was considered immediately, agreed to, and ordered to be sent to the Senate: H. 5 88.—Mr. Eﬁrd: Whereas, the roof recently placed on the State Capitol leaks and is very defective, and lets quantities of water into said building. to the great damage thereof, and to the discomfort and inconvenience of members of the General Assembly and State oﬁicers; and Whereas, t he company that furnished and placed said roof gave a bond to do said work in a proper and workmanlike manner; now, therefore, be it Resolvedy b the House of Representatives, the Senate concurring, That the Attorney General be, and is hereby, required forthwith to ascertain whether there can be a recovery from said company on said bond by the State of South Carolina on account of the breach of said bond, and resultant damages to this State.

February I 7 : The W AYS AND MEANS COMMITTEE introduced the fol lowing Concurrent Resolution. which was considered immediately, agreed to, and ordered to be sent to the Senate: H. 6 42.—\Vays and lyleans Committee: A Concurrent Resolution for the introduction of a Bill: Be it resolved by the House of Rep— 646 H OUSE CONCURRENT RESOLUTIONS. resentatives, t he Senate concurring, That leave is hereby granted for the introduction of a Bill to authorize the Lexington and C0 lumbia R ailway Company to construct its track through certain Counties, and for other purposes. February 1 8, returned by the Senate with concurrence. INDEX.

NUMBERS I NDICATE PAGE IN JOURNAL.

A I

A ddress (Inaugural) of Gov. D. C. Heyward ...... 68, 79 Address (Inaugural) of Lieut. Gov.-elect J. T. Sloan ...... 79, 81 Appointments made by the Governor ...... 525, 532, 543, 550, 577, 579 Address of Lieut. Gov. J. H. Tillman ...... 8, 9 Appointments made by Lieut. Governor and conﬁrmed by Senate. .7, 8, 23, 230 Amended, Rule ...... 15

C Committee, report of, to wait upon the Governor ...... 10

E Election of President pro tem. of Senate ...... 5 Election of Clerk of Senate ...... 5 Election of Reading Clerk of Senate ...... 6 Election of Sergeant-at-Arms of Senate ...... ' ..... 6 Election of Standing Committees of Senate ...... 15 Election of Chaplain of Senate ...... , ...... 7 Election of Chief Justice of Supreme Court ...... 51, 52, 53 Election of three Directors of Penitentiary ...... 53 Election of Superintendent of State Penitentiary ...... 52 Election of United States Senator ...... 149, 165 Election of Associate Justice ...... 152-8, 166 Election of Code Commissioner ...... 167,180 Exercises. Memorial, Gen. Wade Hampton ...... 116, 140 Election of Trustees of South Carolina College ...... 179- 81 Election of Trustees Winthrop College ...... 219, 222

I Inauguration Program ...... 60, 61 Inauguration Lieut. Gov ...... 67 I Joint A ssembly ...... 37 2 L

Letter f rom Dispensary Commissioner ...... 339, 340 Letter from Superintendent of Penitentiary ...... 3 65 M

MeSsages f rom the Governor. .. .10, 22, 27, 28, 33, 38, 39, 65, 87, 148, 184, 387, 389, 525, 543, 580 Messages t o Governor ...... 9, 5 81 Messages to House ...... 10, 581 Messages from House. .10, 45, 58, 64, 143, 184, 198, 216 and 17, 228, 243, 253, 321 and 2, 344, 355, 369 and 70, 377 and 8, 432 a nd 33, 441, 449, 450, 464, 5 and 6, 478, 79, 80, 81, 8 2, 495, 6, 7, 498, 499, 515, 516, 517, 518, 519, 520, 5 21, 540, 541, .542, 558, 559, 560, 561, 571, . 5 72, 573 Message, G overnor’s ...... 11, 12, 13, 1 4'

Program M emorial Exercises Wade Hampton ...... 84,

R fReport o Investigating Committee regarding certain conference reports. . 39 fReport o Legislative Committee State Educational Institutions ...... 91. 1 13 fReport o Committee to examine books of State Treasurer, Comptroller General a nd Sinking Fund Commission ...... 332 334 Resolutiqns o f thanks to the President of Senate and other ofﬁcers. . .579, 5 80

Senators s worn ...... 4, 34, 59 State, a ssets and liabilities of ...... 235 3 9 PERSONAL I NDEX OF SENATORS.

Hon. R OBERT ALDRICH, Senator from Barnwell County: Amendments p roposed by ...... 206. 324, 454, 468 and 9, 471 Bills introduced by ...... 25, 58, 163, 183, 192, 211, 283, 393 Committees appointed on ...... 17, 21, 58 Leave of absence ...... ' ...... 205 Motion made by ...... 187 Reports of Committees presented by ...... 223, 231, 232, 233, 352, 368

Hon.. J R. BLAKE, Senator from Abbeville County: Bills i ntroduced by ...... 26, 50, 140, 144, 207, 282, 392 Committees appointed on ...... 16, 17, 20, 21 Motions made by ...... 212, 327

Hon.. J S. BRICE, Senator from York County:

Amendments p roposed by ...... 209. 267, 297, 323, 397, 419, 489 Bills introduced by ...... 113, 114, 241, 265 Committees appointed on ...... 16, 17, 18, 19, 22, 466 Motions made by . .. .35, 140, 211. 306. 327, 347, 348, 349, 350, 351, i 3 57, 392, 397, 438 Reports of Committees presented by ...... 238, 262, 492, 494

Hon. G EO. W. BROWN, Senator from Darlington County: Amendments p roposed by ...... 470 Bills introduced by ...... 23, 246, 265, 335 Committees appointed on ...... 16, 17, 19 Motions made by ...... 24, 308, 309, 322 Reportsf o Committees presented by. .. .60, 61, 90, 223, 224, 300, 317, " 343, 368, 424, 446, 447, 476

Hon. BOTH BUTLER, Senator from Cherokee County: Amendments p roposed by. .. .185, 192. 200, 260, 293, 305, 338, 435, 436, 438, 454, 486 Bills i ntroduced by ...... 113, 226. 312. 393, 492 Committees appointed on ...... 16, 21, 22, 493 Leave of absence ...... 261, 372 Motions made by ...... _ ...... 420, 426 Reports of Committees presented by ...... 296, 462 Appointed T eller in Joint Assembly ...... 219 4

Hon.. C H. CARPENTER, Senator from Pickens County: Amendments p roposed by ...... 294 Bills introduced by ...... 86, 192 Committees appointed on ...... 15, 16, 17, 18, 22, 465 Motions made by ...... 302 Reports of Committees presented by ...... 476

Hon.. C M.>DAVIS, Senator from Clarendon County: Amendments p roposed by ...... 268, 381, 452, 472, 483 Bills introduced by ...... 63, 208 Committees appointed on ...... 16, 18, 21, 517 Leave of absence ...... 205 Reports of Committees presented by ...... 190, 342

Hon. A. H. DEAN, Senator from Greenville County: Amendments propOsed by ...... 455, 484 Bills introduced by ...... 25, 26, 335 Committees appointed on ...... 17, 21, 22, 490 Motions made by ...... 362, 394, 486 Reports of Committees presented by ...... 35

.Hon. E J. DENNIS, Senator from Berkeley County: Amendments p roposed by ...... 357, 417, 455, 469 Bills introduced by ...... 113, 240 Committees appointed on ...... 16, 18, 21 Leave of absence ...... 205, 365 Motions made by ...... 427

.Hon. J T. DOUGLASS, Senator from Union 'County: Bills i ntroduced by ...... 35, 63, 86, 183, 239, 317 Committees appointed on ...... 15, 18, 21, 22 Leave of absence ...... 205 Motions made by ...... 302 Reportsf o Committees presented by....83, 182, 206, 223. 224, 225, 250, 251, 282, 343,373, 463

Hon.. J M. FORREST, Senator from Saluda County: Amendments p roposed by...... 266, 438 Bills introduced by ...... 239, 251 Committees appointed on ...... 16, 19, 20 Leave of absence ...... z ...... 218 Motions made by ...... 372

Hon.. J M. GAINES, Senator from Greenwood County: Amendments p roposed by ...... 144, 247, 256,. 417, 438, 1‘69 Bills introduced by ...... 26, as, 50. 63, 144, 147, 163, 283, 317 Committees appointed on ...... 15. 17, 18, 21 fReports o Committees presented by....83, 182, 269, 282, 300, 332, 439, 474 5

Hon. .O. P GOODWIN, Senator from Laurens County:

Amendments p roposed by ...... 255, 294, 324 Bills introduced by ...... 36, 142, 271, 317 Committees appointed on ...... 1s, 16, 17, 1s, 20, 21, 465, 477 Leave of absence ...... 205 Motions made by ...... 201, 217, 445 Reports of Committees presented by ...... 463, 476, 493

Hon. P. L. HARDIN. Senator from Chester County: Amendments p roposed by ...... 267, 395 Bills introduced by ...... 352 Committees appointed on ...... 15, 17, 18, 19, 21, 517 Leave of absence ...... 205 Motions made by ...... 329, 397, 420, 435, 456

Hon. J. T. HAY, Senator from Kershaw County:

Amendments p roposed by...... 57, 398, 468 Bills introduced by ...... 63, 162, 227 Committees appointed on ...... 17, 19, 20, 42 Leave of absence ...... 205, 268 Motions made by ...... 252, 386, 473, 489 Reports of Committees presented by ...... 83, 249, 250, 446

Hon. E. L. HERNDON, Senator from Oconee County: Amendments p roposed by ...... 259, 292, 364, 436, 437, 473 Bills introduced by ...... 86, 240 241. 344, 353 Committees appointed on ...... 17, 18, 19, 20, 21, 22, 499 Leave of absence ...... 364 Motions made by ...... 115, 341, 435. 437 Appointed Teller in Joint Assembly ...... 167

Hon. J. K. HOOD. Senator from Anderson County: Amendments p roposed by ...... 279, 474, 491 Bills introduced by ...... 146, 183, 211, 218, 376 Committees appointed on ...... 16, 17, 18, 19, 20, 21, 22 Leave of absence ..... '...... 205 Motions made by ..... ‘ ...... 370, 384, 426, 467 Reports of Committees presented by ...... 352, 368, 423

Hon. W. C. HOUGH, Senator from Lancaster County: Amendments p roposed by ...... 292, 358, 473 Bills introduced by ...... 86, 271 Committees appointed on ...... 17, 18, 19, 20, 517 Leave of absence ...... 299 Motions made by ...... 46, so, so, 194, 205, 218, 281, 365, 392, 423, 491 Reports of Committees presented by ...... 233, 375 Appointed T eller in Joint Assembly ...... 152 6

Hon. .D. E HYDRICK, Senator from Spartanburg County: Amendments p roposed by. .. .267, 268, 284, 323, 324, 325, 364, 384, 444, 451. 453, 472, 486 Bills introduced by ...... 36, 197, 246, 3 56 Committees appointed on....' ...... 16, 19, 20, 22, 517, 555 Motions made by. .. .217, 222, 281, 356, 366, 384, 423, 438, 442, 444, 473 Reports of Committees presented by ...... 262, 367, 424, 475

Hon. W. E. JOHNSON, Senator from Aiken County:

Amendments proposed by ...... 313, 421, 471 Bills introduced by ...... 63, S2, 283, 309, 3 17 Committees appointed on ...... 16, 17, 21, 477, 499 Motions made by...... 350, 428 Reports of Committees presented by. .. .182, 225, 234, 261. 301, 425, > 440, 44s, 493 Appointed Teller in Joint Assembly ...... 1 80

Hon. R. I. MANNING, Senator from Sumter County: Amendments proposed by ...... 187, 258, 456, 485 Bills introduced by ...... SS, 183, 197, 226, 317, 3 44 Committees appointed on ...... 15, 16, 17, 19, 20, 22, 492 Leave of absence ...... 59, 205 Motions made by ...... 194, 314, 343. 420, 427, 439, 444, 456 Reportsf o Committees presented by. .. .159, 160, 161, 195, 196, 269, 270, 309, 311, 312, 331, 373, 376, 392, 424, 476

Hon. J. Q. MARSHALL, Senator from Richland County: Amendments p roposed by ...... 199, 298, 313 Bills introduced by. .26, 49, 57, 62, 183, 196. 207, 227, 240, 241, 269, 271, 3 01, 353, 423, 440, 445 Committees appointed on ...... 16, 17, 21, 22, 58, 4 78 Motions made by ...... 185, 210, 268, 308, 338, 347, 371, 486 fReports o Committees presented by. .83, 84, 161, 181, 182, 190, 206, 224, 264, 367, 424

Hon. S.. G MAYFIELD, Senator from Bamberg County:

Amendments p roposed by ...... 248, 258, 274, 380, 451, 454, 468, 486 Bills introduced by ...... 82, 83, 88, 211. 226, 2 27 Committees appointed on ...... 17, 19. 42. 464 Leave of absence ...... 181 Motions made by ...... 45, 249, 266, 341, 379, 427, 474, 477 Reportsf o Committees presented by. 35, 42, 43, 83, 84, 90, 91. 160, 161, 162, 231, 232, 233, 246, 310, 311, 330, 331, 351, 352, 366, 367, 373, 374, 3 75, 439, 447, 493 7

Hon. C.. S MCCOLL, Senator from Marlboro County: Amendments p roposed by ...... 438, 451 Bills introduced by ...... 27, 240, 461, 4 62 Committees appointed on ...... 15, 16, 17, 18, 21 Leave of absence ...... 59, 3 91 Reports of Committees presented by ...... 43, 492

Hon. J.. A MCDERMOTT, Senator from Horry County: Amendments p roposed by ...... 421 Committees appointed on ...... 16, 17, 18, 19, 21, 4 99 Leave of absence ...... 205, 218, 365 Reports of Committees presented by ...... 270 Appointed Teller in Joint Assembly ...... 180

Hon. EDWARD M CIVER, Senator from Chesterﬁeld County: Amendments p roposed by ...... 202, 266, 298, 328, 345, 346, 397, 417, 454 Bills introduced by ...... : .. .49, 50, 142, 192, 226, 265, 2 83 Committees appointed on ...... 19, 20, 21, 115, 493 Leave of absence ...... 205 Motions made by ...... 267, 308, 326, 363

Hon. .T. G McLEOD, Senator from Lee County: Amendments p roposed by ...... 335, 419, 490 Bills introduced by ...... 113, 1 92 Committees appointed on ...... 15, 16, 17, 18 Leave of absence ...... 3 65 Reports of Committees presented by ...... 440

Hon. .GEO. S MOWER, Senator from Newberry County: Amendments p roposed by....277, 383, 454, 466, 469, 473, 482, 483, 489 Bills introduced by ...... 163, 271, 272, 352, 4 91 Committees appointed on ...... 17, 19, 20, 492 Leave of absence ...... 59 Motions made by ...... 356, 385, 434, 441. 468, 474, 482, 4 90 Reports of Committees presented by. .. .158, 160, 190, 191, 224, 225, 230, 2 31, 245, 246, 251, 262, 263, 2 64, 265, 269, 281, 282, 315, 316, 317, 342, 343, 351, 367, 373, 374, 375, 446, 463, 475, 476, 492

Hon. .J. E PEURIFOY, Senator from Colleton County: Amendments proposed by ...... 275, 326, 363, 417, 483 Bills introduced by ...... 183, 239, 240, 252, 283, 3 69 Committees appointed on ...... 16, 17, 18. 20, 21, 493 Leave of absence ...... 194, 341 'Motions m ade by ...... 427 Reports of Committees presented by ...... 61 8

Hon. .J. W RAGSDALE, Senator from Florence County: Amendments proposed by ...... 328, 371, 418, 455 Bills introduced by ...... 26, 43, 63, 86, 252, 271, 368 Committees appointed on ...... 16, 17, 19, 477, 555 Motions made by ...... 202, 203, 229, 371, 398, 423, 434 Reports of Committees presented by ...... 249, 250, 493

Hon. G. W. RAGSDALE, Senator from Fairﬁeld County: Amendments proposed by ...... 361, 472 Committees appointed on ...... 19, 20, 22 Motions made by ...... 37, 327, 337, 350 Reports of Committees presented by... .25, 90, 91, 15.8, 160, 182, 230, 231, 315, 316, 331

Hon. T.. M RAYSOR, Senator from Orangeburg County: Amendments proposed by ...... 193, 385, 419, 435 Bills introduced by ...... 26, 44, 60, 86, 196, 251, 252, 272, 340 Committees appointed on ...... 16, 19, 20, 21, 22, 466, 492, 555 Motions made by ...... 82, 267, 299, 474 Reports of Committees presented by ...... 91, 195, 196, 223, 494 Appointed Teller in Joint Assembly ...... 167

Hon. W. H. SHARPE, Senator from Lexington County:

Bills introduced by ...... 146, 425 Committees appointed on ...... 16, 17, 18, 19, 20 Motions made by ..... l ...... 158, 302, 339, 370 Reports of Committees presented by ...... 89, 234, 424 Appointed Teller in Joint Assembly ...... 219 _

Hon. J. C. SHEPPARD, Senator from Edgeﬁeld County:

Amendments proposed by ...... 186, 199, 307, 346, 360 Bills introduced by ...... 15, 26, 36, 86, 144, 146, 162, 240, 241, 372 Committees appointed on ...... 17, 20 Motions made by. .25, 88, 89, 145, 157. 189, 205, 261, 290, 295, 314, 326, 3 40, 348, 350, 365, 372, 382, 392, 435, 461 Reports of Committees presented by ...... 35, 182, 300, 373

Hon. JAS. STACKHOUSE, Senator from Marion County:

Amendments proposed by ...... 419 Bills introduced by ...... -...... 36, 251 Committees appointed on ...... 15, 17, 18, 19 Leave of absence ...... 280 Motions made by ...... 490 Reportsf o Committees presented by ...... 374 9

Hon. T.V. \ STANLAND. Senator from Dorchester County:

Amendments p roposed by ...... 314, 417, 438 Bills introduced by ...... I ...... 43, 48, 141, 142, 283, 3 53 Committees appointed on ...... 15, 17, 21, 22 Motions made by ...... 114, 302, 421, 4 27 Reports of Committees presented by ...... 342

Hon. THOS. T ALBIRD, Senator from Beaufort County:

Amendments p roposed by ...... 267, 451, 471 Bills introduced by ...... 2 07 Committees appointed on ...... 18, 19, 21, 22 Leave of absence ...... 3 65 Reports of Committees presented by ...... 352

Hon. GEO.. F VON KOLNITZ, Jr., Senator from Charleston County: Amendments proposed by....45, 200, 258, 268, 278, 318, 34-9, 357, 371, 4 55, 473 Bills introduced by ...... 21, 26, 27, 49, 50, 86, 114, 163, 185, 197, 211, 226, 3 44, 445 Committees appointed on ...... 16, 17, 18, 19, 20, 4 78 Leave of absence ...... 82 Motions made by ...... 308, 327, 348, 349, 385, 426, 4 63 Reports of Committees presented by ...... '...... 231 Appointed T eller in Joint Assembly ...... 152

Hon. LEGRAND W ALKER, Senator from Georgetown County: Amendments p roposed by ...... -...... an} Bills introduced by ...... 114, 1 91 Committees appointed on ...... 18, 19, 21, 464 Leave of absence ...... 365 fReports o Committees presented by. . . .190, 195, 249, 250, 329, 330, 331, 446, 447, 493

Hon. E.. F \VARREN, Senator from Hampton County:

AmendmentsBills introduced p roposed by ..... by... I ...... 363, 36, 418, 44, 442,197, 455, 301, 470 3 17 Committees appointed on ...... 15, 16, 17, 19 have of absence ...... 2 18 Motions made by ...... 395

Hon. A. H. WILLIAMS, Senator from Williamsburg County:

Amendment's p roposed by ...... 385, 487 Bills introduced by ...... 211, 3 52 Committees appointed on ...... 15, 17, 20, 21 Leave of absence ...... 1 15 fReports o Committees presented by ...... 84, 262, 342 CLASSIFIED I NDEX.

REFERENCE T O PAGES.

ABBREVIATIONS.

1 r ...... First Reading.

2r ...... Second Reading. 3d ...... Third Reading. op ...... Other Proceedings. rat...... Ratiﬁed.

/ :S. 2 Mr. GAINES—A Bill to regulate the trafﬁc in seed cotton and un packed lint cotton. 1r 2 6; 2r 150; 3r 201; op 26, 83, 151, 190, 266, 267, 482.

S. 3: Mr. MARSHALL—A Bill to regulate the employment of children in factories, mines and manufacturing establishments in this State. 1r 2 6; 2r 144; 3r 164; op 26, 83, 185, 301; rat 329.

:S. 4 Mr. J. W. RAGSDALE—A Bill to amend Section 2853, Vol. 1., of Civil Code. lr 2 6; Zr 46; 3r 56; op 26, 35, 46; rat 244.

S. 5: Mr. SHEPPARD—A Bill to amend an Act entitled “An Act to provide for t he incorporation of towns of not less than one thousand nor more than ﬁve thousand inhabitants." 1r 2 6; 2r 37; 3r 45; op 26; rat 244.

S.: 6 Mr. DEAN—A Bill relating to the powers of manufacturing corporations. 1:- 2 6; 2r 114; 3r 189; 0p 26, 83; rat 564.

:S. 7 Mr. BLAKE—A Bill to ﬁx the time for the payment of taxes and pen alties thereon. 1r 2 6; 2r 22; 3r 201; op 26, 158, 344.

S.: 8 Mr. RAYSOR—A Bill to require all parents or guardians to compel their children or wards to attend school for eight weeks in each year. 1r 2 6; 2r 114; 3r 164; op 26, 60, 186, 198, 365. II

:S. 9 Mr. RAYSOR—A Bill to ﬁx the time for the payment of taxes, assess ments and penalties, and of enforcing the payment of same by execution.

lr ‘26; Zr 158; 3r 345; 0p 26, 158.

S. 1 0: Mr. VON KOLNITZ—A Bill to provide for the drawing of a grand jury for Charleston County for the year 1903.

1r 2 6; 2r 37; 3r 45; op 27, 45, 514; rat 185.

S. 11: Mr. MCCALL—A Bill to amend an Act entitled “An Act to amend Article V III. (relating to Magistrates), of Chapter XX., of Title 1., of Part I., of Volume I., of the Code of Law of South Carolina, 1902.”

1r 2 7; 2r 57; 3r 88; op 27, 43, 504.

S. 15: Mr. von KOLNITZ—A Bill to amend Section 1851 of the Code of fLaws o South Carolina, 1902, Vol. 1, and to conﬁrm the amendments to cer tain charters heretofore granted by the Secretary of State.

1r 2 7; Zr 327; op 27, 230.

S. 1 6: Mr. VON KOLNITZ—A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Vol. 1. 1r 2 7; 2r 349; 3r 561; op 27, 43, 206, 357.

S. 1 7: Mr. VON KOLNITZ—A Bill to amend Section 2555 of the Code of Laws of South Carolina, 1902, Vol. 1.

1r 2 7; 2r 57; 3r 65; 0p 27, 43, 215.

S. 1 8: Mr. GAINES—A Bill to ﬁx the weight of and regulate the tare in corn meal.

It 3 5; 2r 114; 3r 144; op 35, 83, 144; rat 564.

S. 1 9: Mr. DOUGLASS—A Bill to amend Sec. 169 of the Criminal Code. 50 as to give Magistrates jurisdiction of stealing from the ﬁeld when the property stolen does not exceed ten dollars in value.

1r 3 5; 2r 57; 3r 65; op 36. 43, 57; rat 577.

S. 2 0: Mr. WARREN—A Bill to amend an Act entitled “An Act relating to the selection and drawing of juries in the Circuit Courts of the State," approved February 7, 1902. 1r 3 6; 2r 57; 3r 65; up 43, 57,215.

S. 2 1: Mr. GOODWIN—A Bill to create the ofﬁce of Oil Inspector, pre scribe the amount of his salary; to establish the fees for Inspectorof Oil and to provide for the disposition of such fees. '

1r 3 6; 2r 201;_3r 24S; op 36, 181, 228, 248, 255, 481. 12

S. 2 2: Mr. HYDRICK—A Bill to regulate the daily hours of service of employees of railroad and railway companies doing business in this State.

1r 3 6; 2r 217; op 36, 306, 229.

S. 2 3: Mr. STACKHOUSE—A Bill to amend Section 2066 of the Civil Code (Code of Laws 1902), so as to repeal the provision requiring railroad. express and telegraph companies to pay the expenses, including salaries and salary of Clerk of the Railroad Commissioners, but retaining the provismn for their free transportation.

1r 3 6; 2r 256; op 36, 190.

S. 2 6: Mr. STANLAND—A Bill to prevent the sale or keeping for sale any toy pistols, or caps or cartridges for same.

If 4 3; 2r 189; Br 19!); op 43, 83, 198, 192, 368'. rat 390.

S. 2 7: Mr. HYDRICK—A Bill to give the'Railroad Commissioners juris diction over all telephone lines in this State.

1r 4 3; 2r 349; op 43, 223.

S, 2 8: Mr. J. \V. RAGSDALE—A Bill to regulate and ﬁx the liability of railroad companies having a relief department to its employees.

1r 4 3; 2r 202; Sr 248; op 43, 182, 254, 511; rat 550.

S. 3 3: Mr. STANLAND—A Bill to amend Section 1019 of Civil Code of South Carolina, Vol. 1, with reference to Magistrates, their number, power, duties and jurisdiction.

1r 4 8; 2r 114; op 48, 83.

S. 3 4: Mr. MARSHALL—A Bill to amend an Act entitled “An Act to amend Section 1 of an Act to provide for the incorporation of towns of not less than one thousand nor more than ﬁve thousand inhabitants, approved 5 March, 1896, which was approved 25 February, 1902," and Section 1958 of the Civil Code of 1902, Vol. 1, relating to towns of less than ﬁve thousand and more than one thousand.

1r 4 9; 2r 158; 3r 199; op 49, 158, 481.

S. 3 5: Mr. VON KOLNITZ—A Bill to amend Section 1119 of the Civil Code, Vol. 1, of the Code of Laws of this State, being part of Article II., rela tive to physicians, apothecaries and dentists, which Article is a part of Chap t'er XXIII., under Title VIII. of said Code. This amendment being relative to the quantity of licenses of pharmaceutists.

1r 4 9; 2r 202; op 49, 159, 347. I3

S. 3 6: Mr. VON KOLNITZ—A Bill to amend Section 1126 of the Civil Code, of Vol. 1. of the Code of Laws of this State, a part of Article II., rela tive to physicians. apothecaries and dentists. which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to sale of medicines already prepared.

1r 4 9; 2r 202; 0p 49, 159, 348.

S. 3 7: Mr. VON KOLNITZ—A Bill to amend Section 1116 of the Civil Code. Vol. 1. of the Code of Laws of this State. being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the places of meeting of the Board of Pharmaceutical Examiners.

1r 4 9; 21' 202; op 49, 159, 348.

S. 3 8: Mr. VON KOLNITZ—A Bill to amend Section 1122 of the Civil Code, Vol. 1, of the Code of Laws of this State, being a part of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the duties of licensed pharmaceutists, apothecaries and retail drug gists. 1r 4 9; 2r 202; 0p 49, 159, 348.

S. 3 9: Mr. McIVER—A‘Bill to amend Section 948 of the Civil Code, Vol. 1. Code of Laws, 1902, so as to dispense with the certiﬁcate as to the oﬁicial character of a Notary Public.

1r 4 9; 2r 152; op 49, 90.

S. 4 0: Mr. BLAKE—A Bill to enable the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Abbeville County to pay the past indebtedness of said County. and to authorize the said County Board of Commissioners to pledge the special tax levy herein pro vided for to secure the same.

1r 5 0; 2r 114; 3r 144; op 50, 84, 212, 301; rat 329.

S. 4 1: Mr. McIVER—A Bill to amend Section 1880 of the Civil Code, Vol. 1, Code of 1902. so as to exclude tramways from its provisions.

1r 5 0; 2r 202; Sr 208; op 50, 182, 368; rat 389.

S. 4 2: Mr. GAINES—A Bill to authorize and empower the Trustees of the School District of the town of Greenwood, Number 18, to order an election and to issue coupon bonds of said School district for school purposes.

1r 5 0; 2r 65; 3r 144; op 50; rat 244.

S. 43: Mr. GAINES—A Bill to provide for the erection of a bridge across Saluda River at Ware Shoals.

1r 5 0; 2r 145; 3r 149; op 50; rat 457. 43—s. J.—(500) 14

S. 4 4: Mr. VON KOLNITZ—A Bill to amend Section 1120 of the Civil Code, Vol. 1, of the Code of Laws of this State. being a part‘ of Article 11., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to charges for examination and licensing of pharmaceutists.

1r 5 0; 2r 202; op 50, 160, 348. IS. 4 9: Mr. JOHNSON—A Bill to provide against strikes, lockouts and similar troubles.

It 6 3; 2r 276; 3r 322; op 63, 261, 308, 312.

S, 5 0: Mr. JOHNSON—A Bill to dispose of certain school funds arising from Dispensary proﬁts, so as to aid schools in districts ﬁnancially weak.

1r 6 3; 2r 256; op 63, 223, 306.

S. 5 1: Mr. DOUGLASS—A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to authorize the election of a Town Treasurer for the town of Union, in the County of Union, and prescribe his duties.’ ” 1t 6 3; 2r 193; 3r 199; op 63, 160, 302, 368; rat 390. S. 5 2: Mr. HAY—A Bill to amend an Act‘ entitled “An Act vesting all the right and title of the State in or to the Wateree Canal in the owners of land adjacent thereto, severally." approved December 24. A. D. 1892, and Acts amendatory thereof. -

1r 6 3; 2r 115; 3r 144; op 63, 84, 252.

S. 53: Mr. GAINES—A Bill to deﬁne the limits of the School District of the t own of Greenwood designated as Number 18, and to validate the election of Trustees therein.

1r 6 3; 2r 88; Sr 144; 0p 63; rat 244.

S. 5 4: Mr. J. W. RAGSDALE—A Bill to require the free transportation of certain officials by common carriers of passengers in this State.

1r 6 3; 2r 203; op 63, 90, 262.

S. 5 8: Mr. HERNDON—A Bill to amend Sections 6 and 7 of an Act en titled “ An Act to further regulate the working and maintaining of the high ways and bridges of this State,” approved 26th day of February, A. D. 1902.

1r 8 6; 2r 256; 31' 345; op 86, 182.

S. 59: Mr. SHEPPARD—A Bill to declare certain bonds issued by the corporate authority of Pickens and \Vise Township, in Edgeﬁeld County, to be v alid. and legal obligations of said township, respectively, and to provide for the payment of the same.

1r 8 6; 2r 115; 3r 144; op 86; rat 244. IS

S. 6 0: Mr. CARPENTER—A Bill to authorize and require County Com missioners to refund certain commutation road tax.

1r 8 6; 2r 209; 3r 216; op 86, 195, 514; rat 577.

S. 6 1: Mr. DOUGLASS—A Bill to provide for a voting precinct in each of the four wards in the town of Union.

1r 8 6; 2r 203; 3r 208; op 86, 182, 368; rat 390.

S. 6 3: Mr. RAYSOR—A Bill to amend Section 1293, of Volume 1, of Code of Laws of South Carolina, 1902, relating to the Colored Normal, Industrial, Agricultural and Mechanical College of South Carolina.

1r 8 6; 2r 193; 3r 199; op 86, 90, 193, 377.

S. 6 4: Mr. VON KOLNITZ—A Bill to amend the charter of the town of Moultrieville, Sullivan’s Island.

1r 8 6; 2r 382; op 86, 230.

H.. R 66: Mr. LOFTON—A Bill granting to the United States of America the title of this State to and the jurisdiction of this State over certain lands in Charleson County needed for "Improving the inland waterways between Charleston harbor and a point opposite McClellanville," in said County.

1r 8 7; 2r 145; 3r 150; op 87, 90; rat 244.

H.. R 67: Mr. SINKLER—A Bill to refund, repay and return certain taxes to “The Protestant Episcopal Church of the Parish of St. Philip, in Charleston, in t'he State of South Carolina.”

1r 8 7; 2r 145; 3r 150; 0p 87,90; rat 244.

H.. R 68: Mr. LESESNE—A Bill to amend Section 276 of Code of Civil Procedure by prescribing the number of Calendars to be kept by the Clerks and the issue to be placed on the same. 1r 8 7; 2r 145; 3r 150; op 87, 90; rat 244.

H.. R 69:'Mr. LESESNE—A Bill to amend Section 2508, Vol. 1, Civil Code, 1902, limiting admission of wills as evidence.

1r 8 7; Zr 145; 3r 150; op 87, 90, 150. 198; rat' 244.

H.. R 70: Mr. COOPER—A Bill to provide for re-indexing the public records in the ofﬁce of the Clerk of Court for Laurens County. 1r 8 7; 2r 203; Sr 216; op 87, 190; rat 391.

S. 7 9: Mr. BUTLER—A Bill to amend Section 4 of an Act entitled “An Act to tax the amount of compensation to be paid to the County officers of the various Counties of this State.” approved 27th February, 1902, by fixing the salary of the Sheriff of Cherokee County at fifteen hundred dollars. 1r 1 13; 21' 193; 3r 199; op 113, 160, 193, 426; rat 576. 16

S. 8 0: Mr. DENNIS—A Bill to amend an Act‘ entitled “An Act to ﬁx the amount of the compensation to be paid to the County oﬁicers of the various Counties of the State,” approved February 27th, 1902.

1r 1 13; 2r 350; 3r 357: op 113, 190, 441.

S. 8 1: Mr. MCLEOD—A Bill to ﬁx salaries for County ofﬁcers of Lee County. ' 11' 113; 2r 203; 3r 208; op 113, 190, 208, 335, 425; rat 456.

S. 8 2: Mr. BRICE—A Bill to provide for sounding Calendars by the Clerk of Court.

1r 1 13; op 113, 160.

S. 8 3: Mr. BRICE—A Bill to enable foreign receivers. executors and ad ministrators to maintain action in the Courts of this State in certain cases.

1r 1 13; op 113, 262.

S. 8 4: Mr. BRICE—A Bill to amend Section 2516, of Vol. 1, Civil Code of South Carolina, providing for granting letters to husband or wife upon appli cation without citation.

1r 1 14; op 114, 161.

S. 8 5: Mr. WALKER—A Bill to authorize the construction and mainten— ance of a dam across Kinloch Creek, in Georgetown County. If 1 14; 2r 217; 3r 247; op 114, 206, 253, 511; rat 550.

I. S 86: Mr. VON KOLNITZ—A Bill to amend Section 304 of the Criminal Code of this State, relative to prosecutions by the Pharmaceutical Association of the State of South Carolina. 1r 1 14; 2r 203; op 114, 161, 348.

S. 8 7: Mr. HARDIN—Report of Joint Committee appointed to examine the expenditures of the Educational Institutions of the State. op 9 5, 113.

S. 8 8: Mr. STANLAND—A Bill to require railroads, steamboats and other common carriers to carry Dispensary Constables, policemen and other peace ofﬁcers, when in the discharge of their duty, upon all trains and boats or other vehicles. IT 1 41; 2r 203; op 141, 161.

S. 8 9: Mr. STANLAND—A Bill to amend Section 258 of the Civil Code, Volume 1, Code of Laws of South Carolina, 1902, relating to primary elee~ tions.

1r 1 42; 2r 293; op 142, 231. I7

S. 9 0: Mr. GOODWIN—A Bill to amend Section 357 of the Criminal Code, relating to witness labor contracts.

1r 1 42; 2r 217; op 142, 182.

S. 9 1: Mr. GOODWIN—A Bill to provide for the indexing of all written agricultural labor contracts.

1r 1 42; 2r 217; op 142, 182, 262, 293.

S. 9 2: Mr. GOODWIN—A Bill to require the ofﬁcers and agents of the Columbia, Newberry and Laurens Railroad Company to widen a certain highway in the city of Laurens.

1r 1 42; 2r 293; Sr 304; op 142, 262.

S. 9 3: Mr. GOODWIN—A Bill to amend Section 1066, Civil Code, relative to the persons entitled to pensions, by eliminating age limit.

1r 1 42; 2r 276; 3r 324; op 142, 223, 514, 552; rat 576.

S. 9 4: Mr. BLAKE—A Bill to amend Section 826, Civil Code (being Vol ume 1, at page 315, Code of Laws, 1902).

1r 1 42; 2r 193; 3r 300; op 142, 161, 193, 425; rat 457.

.H. R 96: Mr. KIBLER—A Bill relating to the qualiﬁcation of the County Superintendents of Education.

1r 1 42; 2r 195; 3r 302; op 142, 195.

H.. R 97: Mr. PEURIFOY—A Bill to direct the management of a surplus school fund which has accumulated in Saluda County.

1r 1 43; 2r 210; 3r 217; op 143, 195; rat 329.

H.. R 98: Mr. WINGO—A Bill to amend Section 298 of the Criminal Code Of 1902. 1r 1 43; 2r 396: 3r 434; 0]) 143, 161, 501, 502.

H.. R 99: Mr. PEURIFOY—A Bill to amend Section 1186 of the Civil Code, relating to the bond of County Superintendents of Education, by in creasing the bond of the Superintendent of Education for Saluda County.

1r 1 43; 2r 210; 3r 217; op 143, 195; rat 244.

H.. R 100: Mr. Sinkler—A Bill to amend an Act entitled “An Act relating to drainage, public canals and ditches in Charleston County," approved Feb ruary 20th, 1901. so as to amend Sections 3 and 4. and by adding another Section, to be known as Section 5, and in changing the numbers of said Sec tion in conformity therewith.

1r 1 43; 2r 193; 3r 200; 0p 143, 161, 193; rat 245. 18

S. 1 03: Mr. SHARPE (by request)—A Bill to require the Superintendent of the Penitentiary to furnish cadavers to the State Board of Health for cer tain purposes.

1r 1 46; 0p 146, 262.

S. 1 04: Mr. SHARPE (by request)-—A Bill to provide for a State Bacteri ologist.

1r 1 46; 2r 350; 0p 146, 262.

S. 1 05: Mr. SHARPE (by request)--A Bill to require town and city au thorities to furnish certain vital statistics: and information.

1r 1 46; op 146, 263, 505. _ ,

S. 1 06: Mr. SHEPPARD: A Bill to amend the subdivision headed “Edge field County," of Section 1 (being Section 1020. Civil Code). relating to the Magistrates of Edgefield County, of an Act entitled “An Act to amend Article VIII. (relating to Magistrates), of Chapter XX., of Title I., of Part I., of Volume 1, of the Code of Laws of South Carolina, 1902," approved the 27th day of February. A. D. 1902, by changing and defining the Fourth Judicial District, i n Edgefield County, and fixing the place for office of Magistrate of Fifth District, in said County.

1r 1 46; op 146.

S. 107: Mr. HOOD—A Bill to amend Sections 2 and 9 of an Act entitled “An A ct relating to the Section, drawing and summoning of jurors in the Circuit Courts of this State.” approved the 7th day of February, 1902.

11' 1 46; 21' 193; 09 146-7, 161, 193, 204.

H.. R 108: Mr. KELLEY—A Bill to provide for the transfer of certain records to the ofﬁce of Probate Judge of Lee County.

1r 1 47; 2r 194; op 147, 148, 162; rat 245.

H.. R 109: Mr. TOOLE—A Bill to protect ﬁsh by the regulation of the sale of dynamite and other similar explosives.

11' 1 48; 2r 295; 31' 303; op 148, 191;41'3.t 391.

H.. R 110: Mr. GASTON—A Bill to secure throughout the United States a uniform classiﬁed assessment of live stock.

11' 1 48; 21' 295; op 148, 162, 223.

.H. R 111: Mr. SINKLER—A Bill to amend Section 304 of the Criminal fCode o this State relative to prosecutions by the Pharmaceutical Association of the State of South Carolina. It 1 48; op 148, 195, 348. I9

H.. R 112: Mr. SINKLER—A Bill to amend Section 1116 of Civil Code. Vol. 1, of the Code of Laws of this State, being a part of Article II., relative to physicians, apothecaries and dentists, which Article is part of Chapter XXIII., under Title VIII. of said Code. This amendment being relative to the places of meeting of “The Board of Pharmaceutical Examiners."

1r 1 48; op. 148, 196, 348.

H.. R 113: Mr. MCCOLL, JR.: A Bill to authorize the Trustees of the Marlboro Graded School District to levy and collect an additional local tax therein.

1r 1 48; 2r 210; 3r 217; op 148, 196; rat 245.

H.. R 114: Mr. LOGAN—A Bill to amend the ﬁrst paragraph of Section 1011, of Vol. 1 of the Code of Laws of South Carolina, relating to Magis trates for Charleston County.

11' 1 48; 2r 256; 3r 2751 op 146, 245; rat 328.

H.. R 116: Mr. FORD—A Bill to amend Section 77, Criminal Code of South Carolina, Vol. 2. providing for ten-year convicts to serve sentences on public works of the County.

1r 1 -18; 21' 296; 3r 382; op 148. 249. 350, 356, 456, 484, 561; rat 575.

S. 1 19: Mr. HAY—A Bill to authorize the Trustees of School District Number 1 of Kershew County to issue bonds for the purpose of refunding the present bonded indebtedness thereof, and to improve and erect school build ing.

1r 1 62: 2r 194; 3r 200; op 162; rat 457.

S. 1 20: Mr. MOWER—A Bill to authorize County Treasurers to pay the exchange, e xpense or other charges for forwarding moneys to the State Treasurer.

1r 1 63; 2r 204; 3r 209; op 163, 191.

S. 1 21: Mr. GAINES—A Bill to require banks having on deposit State funds to render to the State Treasurer at designated times statements, show ing balances on hand to credit of the State. 1r 1 63; 2r 222; Sr 247; op 163, 191, 247; rat 564.

S. 1 22: Mr. ALDRICH—A Bill for an exhibit of industries and resources of South Carolina at the Louisiana Purchase Exposition to be held in the city of St. Louis, Missouri, during the year 1904. 1r 1 63, 2r 295; 3r 324; 0p 163, 224, 345.

S. 1 23: Mr. MOWER—A Bill relating to the State and County taxes due by the Blue Ridge Railroad Company for the ﬁscal years commencing Novem ber lst, 1872, to and including the year commencing November 1st, 1881. 11' 1 63; 2r 204; 3r 209; op 163, 191, 425; rat 457. 20

S. 1 24: Mr. VON KOLNITZ—A Bill to amend Section 2122 of the Civil Code of Laws of South Carolina of 1902, concerning running of trains on Sunday. ' 1r 1 63; 2r 204; 3r 209; op 163, 191, 216. 425; rat 457.

S. 1 26: Mr. DOUGLASS—A Bill to incorporate the Union Manufacturing and Power Company.

1r 1 83; 2r 276; op 183, 249.

S. 1 27: Mr. Hood: A Bill to authorize, ratify and conﬁrm the rights and power of Joseph J. Fretwell and his associates, and their successors and as signs, to construct dams across Seneca River, and the Tugaloo River and the Savannah River, to the Georgia line, at Andersonville, McDonald's Shoals, Stevenson’s Ledge, Tunny’s Shoals and Middleton’s Shoals, in Anderson County.

1r 1 83; 2r 204; 3r 209; op 183, 426; rat 563.

S. 1 28: Mr. MARSHALL—A Bill to authorize a consolidation of the property, franchises and other rights of the Columbia Gas Light Company and the Columbia Electric Street Railway, Light and Power Company.

If 1 83; 2r 256; 3r 274; op 183, 245.

S. 1 29. Mr. ALDRICH—A Bill to amend Section 3 of an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County officers of the various Counties of the State,” approved the 27th day of February, A. D. 1902, so as to increase the compensation of the County Treasurers. 1r 1 83; 2r 370; 0p 183, 330.

S. 1 30: Mr. MANNING—A Bill to amend Sections 1846 and 1929 of Vol~ ume 1, Civil Code of South Carolina, regulating annual meetings of corpora— tions. 1r 1 83; 2r 313; 3r 325; op 183, 231.

S. 1 31: Mr. ALDRICH—A Bill to preserve the game, fish, shell fish and terrapin in and on the public lands and waters of the State, and to provide a revenue,therefrom for the benefit of the citizens of the State.

1r. 1 83; 2r 256; 0p 183, 231.

S. 1 32: Mr. PEURIFOY—A Bill to amend Section 2122 of the Code of Laws of South Carolina (Civl Code, Volume 1), in relation to the running of trains on Sunday. 1r 1 83; op 183, 191.

.H. R 133: Mr. Glover—A Bill to abolish the ofﬁce of Pliosphate Inspector and to devolve the duties heretofore imposed on him on the State Geologist. 1r 1 84; 2r 257; 3r 456; op 184, 231, 485; rat 551. 21

H.. R 134: Mr. ~——A Bill to provide ﬁve Magistrates to Bamberg County (instead of four as now provided by law), and to ﬁx their salaries and that of their Constables.

11' 1 84; op 184, 506.

S. 1 35: Mr. ALDRICH—A Bill to regulate the itinerant trafﬁc in horses and to prevent the spread of disease. 1r 192; 2r 296; Sr 304; op 192, 231, 480.

S. 1 36: Mr. CARPENTER—A Bill to authorize and empower the Trus tees of the School District of Easley to order an election and to issue coupon bonds of said school district for school purposes.

1r 1 92; 2r 210; Sr 216; op 192, 196, 368; rat 390.

S. 1 37: Mr. McIVER—A Bill to authorize the Receiver of the President, Directors and Company of the State Bank or his successor to sue the State to establish his right to certain State bonds claimed to have been lost or destroyed.

1r 1 92; 2r 295; op 192, 245, 363, 522.

S. 1 38: Mr. MCLEOD—A Joint Resolution to provide for a special assess— ment of real property in Lee County.

It 1 92; 2r 257: 3r 274; op 192, 224; rat 457. S. 1 39: Mr. RAYSOR—A Bill to provide compensation to Constables transporting prisoners.

11' 1 96; 21‘ 276; 0p 196, 246.

S. 1 40: Mr. RAYSOR—A Bill to provide scholarships for post-graduate study in the South Carolina College. 1r 1 96; 2r 210; 3r 248; op 196.

S. 1 41: Mr. MARSHALL—A Bill to authorize the State Board of Direc tors to grant privileges for the establishment of breweries and distilleries in cities above twenty thousand inhabitants, and within one-quarter of a mile thereof. 1r 1 96; 2r 370: 3r 379: op 196, 231.

S. 1 43: Mr. WARREN—A Bill to amend Section 2176, of Volume 1, Civil Code of Smith Carolina, relating to the liabilities of the railroads for loss or damage of freight. 1r 1 97; 2r 395; 0p 197, 232, 395.

S. 1 44: Mr. vow KOLNITZ (by request)—A Bill to amend Chapter l.XXXIX.. of the Civil Code of South Carolina of 1902. relating to the City Court of Charleston. by changing the title of said Chapter and by adding cer tain Sections thereto. 1r 1 97; 21' 257; 3r 274; 0p 197, 232, 426, 510; rat 550. 22

S. 1 45: Mr. WALKER—A Bill to amend Section 20 of the Code of Civil Procedure. ﬁxing the times for holding of the Circuit Courts of the Third Judicial Circuit.

1r 1 97; 2r 276; 3r 304; 0p 197, 232.

S. 1 46: Mr. MANNING—A Bill to authorize the school district of the city of Sumter to issue additional bonds for school buildings and equipments.

1r 1 97; 2r 258; 3r 274; op 197, 224, 427; rat 550.

H.. R 147: Mr. MORGAN—A Bill to amend Sections 6 and 7 of an Act entitled “An Act to further regulate the working and maintaining of the highways and bridges of this State," approved the 261h day of February, 1902.

1r 1 97; 2r 363; 3r 485; op 197, 269, 363, 386, 473.

S. 1 50: Mr. MARSHALL—A Bill to amend Section 115 of the Criminal Code (being Volume 2 of Laws of 1902), so as to ﬁx the age of consent at sixteen years.

1r 2 07; 2r 258; op 207, 232.

S. 1 51: Mr. MARSHALL—A Bill to amend Section 574, Criminal Code, relating to privileges of licensed druggists under the Dispensary Law, so as to allow wholesale druggists to sell alcohol without proﬁt to licensed drug gists.

1r 2 07; 2r 296; 3r 304; op 207, 232, 514; rat 576.

S. 1 52: Mr. BLAKE—A Bill to amend an Act entitled “An Act to further amend Section 349 of the Revised Statutes of 1893, relating to the seizure and sale of a defaulting taxpayer's estate (as heretofore amended by Act No. 349, approved 20th February, 1901, and appearing at pages 612 and 613 of the 23d volume of the Statutes at Large), approved the 25th day of February, A. D. 1902, so as to conﬁne redemption to real estate. 1r 2 07; 2r 382; 3r 395; op 207, 366.

S. 1 53: Mr. MARSHALL—A Bill to authorize the appointment of certain banking corporations or trust companies as trustees, executors, administra tors, guardians, receivers or assigns. '

1r 2 07; 2r 276; 3r 326; op 207, 224.

S. 1 54: Mr. TALBIRD—A Bill to amend Section 1814 of the Code of Laws of South Carolina, 1902, Volume 1 (Civil Code), so as to correct a typo graphical error therein. 1r 2 07; 2r 276; 3r 290; op 207; rat 457.

S. 1 55: Mr. TALBIRD—A Bill to amend Section 7 of the Code of Laws or South Carolina, 1902, Volume 1. Civil Code. as to condemnation of lands for public uses of the United States. 11' 2 07; 21' 277; 31' 290; op 207, 263, 479. 33

S. 1 56: Mr. TALBIRD—A Bill to amend Section 1857 of the Code of Laws of South Carolina, 1002, Volume 1 (Civil Code), to correct a typographical error therein.

11' 2 07; 2r 277; 3r 290; op 207, 263; rat 458.

S. 1 57: Mr. TALBIRD—A Bill to amend the Code of South Carolina, 1902, Volume 1 (Civil Code), by inserting Section to be known as Section 2096a, in regard to freight rates on melons.

1r 2 07; 2r 277; 3r 290; op 207, 263; rat 564.

S. 1 58: Mr. TALBIRD—A Bill to amend Subdivision 6 of Section 402 of the Code of Civil Procedure, to correct a typographical error in same. 1r 2 67; 2r 277; 31' 290; op 207, 263.

S. 1 59: Mr. DAVIS—A Bill to provide for building a jail for Clarendon County, to authorize the borrowing of money therefor and to provide for the repayinent thereof.

1r 2 08; 2r 277; 3r 200; op 208, 250; rat 576.

S. 1 60: Mr. WILLIAMS—A Bill to regulate the practice of medicine in South Carolina, to provide for a State Board of Medicine Examiners, and to deﬁne their duties and powers.

1r 2 11; op 211, 342. \

S. 1 62: Mr. ALDRICH—A Bill to provide for the rc-indexing of the records of Barnwell County.

1r 2 11; 2r 229; 3r 247; op 211; rat 458.

S. 1 63: Mr. MAYFIELD——A Bill to amend Section 4 of an Act entitled "An Act to amend Sections 3 and 4 of an Act entitled ‘An Act' to provide a system of County government of the several Counties of this State, so far as it relates to the maintaining and working of the roads and highways in this State,’ ” approved 23d March, 1896, by allowing the town of Bamberg to assist in repairing certain public highways in Bamberg County.

1r 2 11; 2r 258; 3r 274; op 211, 246; rat 458.

S. 1 64: Mr. von KOLNITZ—A Bill to amend Section 278 of the Criminal Code, 1902. by making certain oﬁences in connection with party registration and primaries misdemeanors, and prescribing penalties therefor.

1r 2 11; 2r 357; 3r 379; op 211, 232; rat 564.

H.. R 166: Mr. GASTON—A Bill to authorize and empower the Trustees of Court House School District, in Chester County, to order an election and issue coupon bonds of said school district for school purposes.

1r 2 12; 2r 259; 3r 276; op 212, 224; rat 391. 24

H.. R 167: Mr. KELLEY—A Bill to authorize the Bishopville Graded School District No. 1 to issue bonds for the purpose of erecting a building for the public schools, and to provide for the payment thereof.

1r 2 12; 2r 259; 3r 275; op 212, 224; rat 329.

H. R. 168: Mr. RICHARDS—A Bill to amend an Act entitled “An Act relating to the scholarships in the Winthrop Normal and Industrial College." approved t he 9th day of March, A. D. 1896, by providing $100 for each schol arship under said Act.

1r 2 12; 2r 371; op 212, 317.

H. R. 169: Mr. MIDDLETON—A Bill to repeal an Act' entitled “An Act to i ncorporate the town of Scotia, in Hampton County," approved December 19th, 1392.

1r 2 12; 2r 297; 3r 303; op 212, 263; rat 391.

H. R. 170: Mr. GASTON—A Bill to amend Section 1014, Civil Code (Vol. 1, Code of Laws, 1902), so as to provide an additional district for Chester County, a nd to ﬁx the compensation of the Magistrate thereof, and of his Constable.

1r 2 13; 21' 398; 31‘ 451; op 213, 373, 398, 420, 452-3, 469, 470, 471; rat 576.

.H. R 171: Mr. MOSES—A Bill to change and designate certain townships in Sumter County and to provide for changing the registration certiﬁcate.

11‘ 2 13; 2r 297; 31' 303; 0p 213, 264.

H.. R 172: Mr. LOGAN—A Bill to amend Section 156 of the Code of Civil P rocedure, being Vol 2 of the Code of Laws of South Carolina, 1902, relating to the publication of summonsv

1r 2 13; 2r 383; op 213, 351, 521.

H. R . 173: Mr. HASKELL A Bill to ﬁx the time for the inauguration of the Governor and Lieutenant Governor. '

1r 2 13; 2r 383; op 213, 264, 300.

H.. R 174: Mr. HILL—A Bill to amend Section 761 of the Civil Code of South Carolina, Vol. 1, relating to the awarding of contracts for the repairs of highways and bridges, so far as the same refers to Colleton County.

1r 2 13; 2r 363; 3r 395; op 213, 330, 363; rat 460.

.H. R 175: Mr. RAINSFORD—A Bill to amend Section 1663, Code of Laws of South Carolina, by increasing the penalty for usury to 25 per centum of the principal.

1r 2 13; 2r 383; op 213, 330. 25

H.. R 176: Mr. GASTON—A Bill to amend Section 15 of an Act entitled "An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcers of the various Counties of the State," on page 1085 of the Acts of 1902, Volume 23, Statutes at Large, by providing an increase of compensation for the Coroner of Chester County.

1r 2 13; 2r 297; 3r 326; op 213, 250, 264; rat 390.

H.. R 178: Mr. EFIRD—A Bill to authorize the Directors of the State Penitentiary to make title to George F. Lightsey to a certain parcel of land.

1r 2 13; 2r 297; 3r 304; 0p 213; rat 391.

H.. R 179: Mr. YOUMANS—A Bill disposing of surplus funds in the hands of the Commissioners of the House of the Poor, of Hampton County.

1r 2 13; 2r 259; Sr 275; op 213, 235; rat 329.

;H. R 180: Mr. MORGAN—A Bill to create a Board of Fire Commis sioners for the city of Greenville, in this State, to deﬁne its powers and duties.

1r 2 14; 21' 297; 3r 304; op 214, 250; rat 391.

H.. R 181: Mr. COOPER—A Bill to repeal an Act to incorporate the Clin ton College Association, approved December 24t’h, A. D. 1890.

1r 2 14; 2r 357; 3r 381; op 214, 315; rat 460.

H. R . 182: Mr. KELLEY—A Bill -to authorize and require the County Board of Commissioners of Lee County to build a jail for said County and to levy a tax therefor.

11' 2 14; 2r 278; 3r 290; op 214, 250; rat 329.

H.. R 183: Mr. MAGILL—A Bill to provide for an additional Magistrate for Greenwood County and to provide for his salary and that of his Constable.

11' 2 14; 2r 278; op 214, 250, 504.

.H. R 184: Mr. JEREMIAH SMITH—A Bill to provide for the special election in Horry County on the question of the stock law.

1r 2 14; 2r 259; 3r 275; op 214, 225; rat 329.

H.. R 185: Mr. JOHNSON—A Bill to amend Section 1888 of Vol. 1, Civil Code of South Carolina, by ﬁxing charter fees.

1r 2 14; 21' 383; op 214, 281, 308.

.H. R 186: Mr. BOMAR—A Bill to validate and conﬁrm all acts of the city of Spartanburg in relation to the issuance of certain street improvement bonds, and to make provision for the payment of interest on such bonds and for re tiring them at maturity. 1r 2 14; 2r 259; Sr 275; op 214, 225; rat 328. 26

H.. R 187: Mr. HENDRIX—A Bill to authorize and require the Comp troller General to refund to the executors of John T. Youngblood any amount paid in excess to the amount due. - 1r 2 14: 2r 259; 3r 275; op 214, 225, 377; rat 328.

.H. R 188: Mr. MORGAN—A Bill to prohibit the driving of cattle and other live stock into this State from other States, and to provide a penalty therefor. 1r 2 14; 2r 298; 31' 304; op 214, 225; rat 391.

H. R . 189: Mr. RUSSELL—A Bill to provide for the erection of a new jail for Berkeley County. 1r 2 15; 2r 260; 3r 304; op 215, 225; rat 391.

.H. R 190: Mr. KELLEY—A Bill to authorize the Commissioners of the Sinking Fund to lend funds to the County Board of Commissioners of Lee County to build a jail for said County, and to authorize said Board to pass a special tax levy to secure the payment of the same.

1r 2 15; 2r 260; Sr 275; 0p 215, 225; rat 328.

S. 1 93: Mr. HOOD—A Bill to amend Section 556 of the Criminal Code of 1902, so as to increase the number of members of the Board of Directors of the State Dispensary from three to seven members, and to require bonds of same.

1r 2 18; 2r 278; op 218, 233.

S. 1 94: Mr. HOOD—'A Bill to amend Section 557 of Criminal Code of 1902, by striking out the last proviso thereof.

Jr 2 18; 2r 278; Sr 345; op 218, 233, 345, 477, 511; rat 550.

S. 1 95: Mr. BUTLER—A Bill to empower the Sinking Fund Commis sioners of Cherokee County to retire and refund bonds of said County, and ﬁxing compensation of said Commissioners.

It 2 26; 2r 260; 31' 294; op 226, 233; rat 458.

S. 1 96: Mr. McIVER—A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the laws of certain mortgages.

It 2 26; 2r 298; Sr 326; op 226, 233.

S. 1 97: Mr. McIVER—A Bill concerning certain mortgages.

1r 226; 2r 298; op 226, 246.

S. 1 98: Mr. VON KOLNITZ—A Bill to amend an Act entitled “An Act to amend Section 349 of the Revised Statutes of 1893," by adding a proviso to said Section, approved 20th February, 1901, so as to make same deﬁnite.

1r 2 26; op 226, 367. 27

S. 1 99: Mr. vo.\' KOLNITZ—A Bill to amend Section 258 of the Civil Code. 1902. by prescribing certain qualiﬁcation for voters on and certain regulations in connection with party registration for primary elections in Counties containing a city of forty thousand inhabitants or more, and for the prevention of frauds and illegal voting in the same.

1|" 2 26; 21‘ 278; 3I' 291; up 226, 308, 118, 432, 463; rat 563.

H. R. 200: Mr. KELLEY—A Bill to amend an Act entitled “An Act estab lishing L ee County," approved the 25th day of February, A. D. 1902, so as to provide for six instead of ﬁve Magistrates in Lee County.

1r 2 27; op 227, 506.

H.. R 201: Mr. THOMAS—A Bill to establish a mortuary table and make the same evidence in the Courts.

1r 2 28; 2r 298; 3r 304; op 227, 264; rat 391.

H.. R 202: Mr. THOMAS—A Bill to amend and extend the beneﬁts and provisions o f the Code of 1902, Sections 1347 and 2023, to the personal repre~ sentative in case of death.

1r 2 27; 2r 384; 3r 396; op 227, 351; rat 460.

H. R. 203: Mr. JOHNSON—A Bill to require all railroads operating in ' this State to protect the rates of freight stipulated in the bill for carriage of all f reights, goods, wares and merchandise. and to provide penalties for the violation thereof.

11' 2 27; 2r 384; 3r 442; op 227, 367, 442, 485, 497, 408; rat 564.

H. R . 204: Mr. DESCHAMPS—A Bill to protect highways from parallel or intersecting tramways, etc. 1r 2 28; 2r 334; op 228, 282.

S. 2 05: Mr. MAYFIELD—A Bill to authorize the Town Council of Bam berg to make expenditures on the public highways.

1r 2 26; 2r 260; 3r 274; op 226, 427; rat 550.

S. 2 06: Mr. MANNING—A Bill to amend Section 2727 of the Civil Code (Vol. 1, Code of Laws, 1902), so as to increase the salaries of the Chief Jus tice a nd of the Associate Justices of the Supreme Court hereafter to be elected. 1r 2 26; op 226, 310.

S. 2 07: Mr. MANNING—A Bill to authorize and empower the city of Sumter to refund its bonded indebtedness in coupon bonds.

1r 2 26; 2r 298; 3r 304; op 226, 269; rat 457. 28

S. 2 08: Mr. MANNING—A Bill to amend Section 2740, Civil Code (Vol 1. Code of Laws, 1902). by providing for the traveling expenses of Circuit Judges.

1r 2 26; op 226, 316.

S. 2 09: Mr. HAY—A Bill to authorize the erection of a dam across Wateree River at Catﬁsh Shoals.

r1r'227; 2 279: 3r 291; op 227, 264, 425; rat 457.

S. 2 10: Mr. MAYFIELD—A Bill to establish an Industrial Commission and regulate the duties thereof and provide compensation therefor.

1r 2 27; 2r 562; op 227, 250.

S. 2 11: Mr. MARSHALL (by request)—A Bill to provide for the passage upon and payment of claims of N. W. Brooker.

1r 2 27; 2r 298; Sr 304; op 227, 269; rat 457.

S. 2 13: Mr. FORREST—A Bill to authorize and empower the Trustees of the S chool District No. (1) one of Saluda County to order an election and to issue coupon bonds of said school district for school purposes.

1r 2 39; 2r 260; 3r 274; op 239, 377.

S. 214: Mr. PEURIFOY—A Bill to allow the Supervisor and County Com missioners o f Colleton County to apply surplus funds to ordinary current ex penses.

1r 2 39; 2r 260; 3r 274; op 239; rat 458.

S. 2 15: Mr. DOUGLASS—A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and work convicts thereon, and extend the police jurisdictions.

1r 2 39; 2r 279; 3r 291; 0p 239, 250, 432.

S. 2 16: Mr. DENNIS—A Bill to amend Section 812 of the Civil Code, 1902, so as to include Berkeley County in the proviso.

1r 2 40; 21' 279; 3r 305; op 240, 264, 427, 494, 517; rat 550.

S. 2 17: Mr. MARSHALL—A Bill to amend Section 2038 of the Code of Laws of South Carolina, 1902. '

1r 2 40; 2r 279; 3r 305; op 240, 265, 347.

S. 2 19: Mr. ALDRICH—A Bill to provide for repairing the monument erected by the State upon the battle ﬁeld of Chickamauga.

1r 2 34; 2r 299; 3r 305; 0p 234. 29

H.. R 220: Mr. LYLES—A Bill to incorporate the Union Manufacturing and Power Company.

1r 2 42; 21' 279; 3r 305; op 242, 292; rat 391.

S. 2 43: Mr. SHEPPARD—To amend an Act entitled “An Act to amend Section 7 of an Act entitled ‘An Act to fix the times and provide for the hold— ing of the Circuit Courts of the Fifth Judicial Circuit,’ approved the 9th day of March, A. D. 1896, so as to give Edgefield County a Court of Common Pleas at the August Term of Court, and only one petit jury at said term of both Courts," approved the 26th day of February, 1902, so as to change time of Fall Court in Edgefield and Richland Counties.

1r 2 40; 2r 260; 3r 274; op 240. v

S. 2 44: Mr. PEURIFCY—A Bill conferring certain jurisdiction upon the Trustees of Peniel Camp Ground Association, in Colleton County, and limiting the same, together with power to appoint a special Constable.

1r 2 40; 2r 260; Sr 275; op 240; rat 457.

S. 2 45: Mr. HERNDON—A Bill to enable the Commissioners of the Sink ing Fund to lend funds to the County Board of Commissioners of Oconee County to pay the past indebtedness of said County; Board of Commissroners to pledge the special tax levy herein provided for to secure the same.

1r 2 40; 2r 279; 3r 291; op 240, 251; rat 457.

S. 2 46: Mr. HERNDON—A Bill to amend an Act entitled “An Act to amend the law in relation to the names and locations of the voting precincts in the State," approved the 29th day of February, A. D. 1902.

1r 2 41; 21' 280; 3r 291; op 241, 265.

S. 2 47.—Mr. BRICE—A Bill to amend Section 2730, Civil Code of South Carolina, Vol. 1, by providing that summer and fall or winter terms of Courts shall be held by each Circuit Judge within his own Circuit.

1r 2 41; 2r 327; op 241, 265.

S. 2 48: Mr. MARSHALL—A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elinwood avenue, in the city of Columbia, and to extend Sumter street. 1r 2 41; op 241, 376.

S. 2 50: Mr. SHEPPARD—A Bill to amend an Act to create a State Board of Entomology, to deﬁne its powers and prescribe its duties, and provide for the inspection of fruit trees, vineyards and vegetable farms; to prevent conta Igious diseases and destroy destructive insects in orchards. vineyards and other places in the State.

11' 2 41; 21' 295; 31‘ 307; op 241, 251, 325; rat 577. 44—s. J.—(500) 30

S. 2 52: Mr. HYDRICK—A Bill to provide for the popular election of the Board of Trustees of the public schools of the city of Spartanburg.

1r 2 46; 2r 260; 3r 274; up 246, 281.

S. 2 53: Mr. BROWN—A Bill to authorize and provide for the erection of a new Court House for the County of Darlington, and for re-indexing and otherwise perfecting the public records of said County. 1r 2 46; 2r 299; 3r 305; op 246, 270; rat 458.

S. 2 60: Mr. FORREST—A Bill to conﬁrm the title to certain land made by the County Board of Commissioners of Saluda County.

1r 2 51; 2r 280; 3r 291; op 251; rat 563.

S. 2 61: Mr. RAYSOR—A Bill to amend an Act entitled “An Act to pro vide for the establishment of a new school district in the County of Orange burg, and to authorize the levy and collection of a special school tax therein.

1r 2 51; 2r 280; 3r 291; op 251; rat 458.

S. 2 62: Mr. STACKHOUSE—A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County, and to authorize the levy and collection of a local tax therein,’ approved December 24th, A. D. 1886," approved December 18th, 1894, so as to increase the limit of special tax and so as to provide for the purchase of grounds and houses, and for building and equipping houses, and to provide for contingent fee.

1r 2 51; 2r 273; 3r 307; op 251, 273, 511; rat 550.

S. 2 63: Mr. PEURIFOY—A Bill to provide a salary for Deputy Sheriff of Colleton County.

1r 2 52; 2r 280; 3r 291; op 252, 322.

S. 2 64: Mr. J. W. RAGSDALE—A Bill (with a memorial) to extend the jurisdiction of the Board of Health of Florence So that the same may include all cemeteries lying adjacent to such city.

1r 2 52; 2r 280; Sr 291; op 252; rat 458.

S. 2 65: Mr. PEURIFOY—A Bill to enable the Commissioners of the Sink ing Fund to lend funds to the County Board of Commissioners of Colleton County for the current expenses of said County for the year of 1903, and to authorize the said County Board of Commissioners to pledge the levy for ordinary County purposes for the year 1903 to secure the same.

11' 2 52; 2r 305; 3r 326; 0p 252, 282, 427, 511; rat 550. 3! S. 2 66: Mr. RAYSOR—A Bill to repeal an Act entitled “An Act to enable and authorize School District No. 70, embracing the town of Elloree, in Orangeburg County, to issue bonds for the purpose of purchasing grounds. and erecting and maintaining a public school building. and to provide for the interest accruing thereon,” approved 27th February, 1902.

11' 2 52; 2r 280; 3r 291; op 252; rat 564.

S. 2 67: Mr. MCIVER—A Bill to divide the State into four General Ses sions Circuits, to provide for separate Courts of General SessiOns, and for the election of four additional Circuit Judges.

1r 2 65; op 265, 310.

S. 2 68: Mr. BRICE—A Bill to amend Section 1067 of an Act entitled “An Act to amend Sections 1065, 1066 and 1067, Chapter XXII., Volume 1, of the Code of Laws of South Carolina, 1902, relating to pensions,” approved 26th day of February, A. D. 1902, reducing the amounts of pensions to each class.

1r 2 65; 2r 357; op 265, 296, 357.

H. R . 269: Mr. MORGAN—A Bill to ratify the amendment to Section 11, of Article VII., of the Constitution of 1895, relating to Counties and County government.

1r 2 66; 2r 358; 3r 381; op 266,310, 392, 434; rat 460.

.H. R 270: Mr. KIBLER—A Bill to provide for a Department of Insurance.

1r 266; 2r 500; op 266, 351, 500.

H. R . 271: Mr. MAULDIN (by request)-—A Bill to provide for the inves tigation of incendiary ﬁres and for the better prevention of excessive ﬁre insurance rates.

1r 2 66; op 266, 352, 500.

S. 2 72: Mr. BROWN—A Bill to amend Section 1208 of the Civil Code (V01. 1, Code of Laws, 1902), so as to limit the time of elections provided for therein. '

1r 2 65; 2r 358; Sr 379; 0p 265, 310; rat 563.

S. 2 73: Mr. MCIVER—A Bill to further regulate the purchase and sale of intoxicating liquors and beverages, and to provide for the disbursement of the proﬁts accruing to the State arising therefrom.

1r 2 65; op 265, 342.

S. 2 74: Mr. MOWER—A Bill to amend Section 1119 of the Civil Code, 1902, so far as it relates to applicants shall be required to undergo pharma ceutical examinations.

1r 2 71; 0p 271, 349. 12

S. 2 75: Mr. HOUGH—A Bill to authorize the Trustees of Gantt School District, of Anderson County, to issue bonds for the purpose of erecting a school building and equipping same.

1r 2 71; 2r 299; 3r 305; op 271; rat 457.

S. 2 76: Mr. MARSHALL—A Bill to amend Section 1038 of Civil Code of South Carolina, Volume 1, as amended by an Act entitled an Act to amend Article VIII., relating to Magistrates. of Chapter XX., of Title I., of Part’ 1., of Volume 1, of Code of Laws of South Carolina, 1902, approved 27th Feb ruary, 1002. providing for an additional Magistrate and Constable at Olympia.

1r 2 71; op 271, 505.

S. 2 77: Mr. GOODWIN—A Bill to prohibit the importation of diseased stock into this State. 1r 2 71; 2r 327; op 271, 282; rat 457.

S. 2 80: Mr. I. W. RAGSDALE—A Bill to amend an Act entitled “An Act to provide for the election of Trustees for School District No. 16, in the County of Florence," approved the 15th day of February, A. D. 1901. so as to further regulate the election and term of Trustees and the assessment and collection of a special tax.

1r 2 71; 2r 292; 3r 307; rat 271.

S. 2 81: Mr. HOUGH—~A Bill to repeal Section XXV. of an Act entitled “An Act to incorporate certain towns and villages, and to renew and amend i certain charters heretofore granted," passed 19th December, 1855, and to con

fer the power to condemn lands for streets.

1r 2 71; 2r 292; 3r 307; op 271; rat 457.

S. 2 82: Mr. MOWER—A Bill to enable the County Board of Commission ers of Newberry County to put said County on cash basis. 1r 2 72; 2r 292; 3r 307; op 272; rat 550. S. 2 83: Mr. RAYSOR—A Bill to further regulate the appointment and pay of State Constables, by striking out Section 661, Civil Code (being in Volume 1, Code of Laws, 1902, page 271). 1r 2 72; op' 272, 330. \

S. 2 88: Mr. JOHNSON—A Bill to amend Section 4 of an Act entitled “An Act to authorize and empower the Trustees of School District No. 60, in the County of Aiken and the town of \Vagner, to erect' a school house on a lot owned by said district, and to empower said district to convey an interest in said school house and lot to said town. and to employ jointly the teacher for said school, and to change the name of said district," approved 15th February, 1901, so as to require the town’s part of Dispensary proﬁts to go to the school funds, and to provide contingent fees.

1r 2 83; 21' 336; 3r 345; op 283, 465, 428, 495, 497; rat 576. 33

S. 2 89: Mr. MCIVER—A Bill to prevent persons from riding on railroad trains without paying fare.

1r 2 84; op 284, 310.

S. 2 90: Mr. ALDRICH—A Bill to authorize municipal or other corpora tions or individuals to lay pipes for water supply across public roads and non tidal navigable streams.

1r 2 84; 2r 336; 3r 345; op 284, 300; rat 564.

S. 2 91: Mr. GAINES—A Bill to amend Section 1210, Code of Laws of 1902, relating to election of Boards of Trustees in school districts having not less than 2,500 inhabitants.

1r 2 84; 2r 336; 3r 345; op 284, 300, 514; rat 576.

H.. R 292: Mr. “’IILIAltlS—A Bill to incorporate the Indianola Power Company.

1r 2 85; 21' 327; 3r 380; 0p 285. 358; rat 459.

H.. R 293: Mr. PEURIFOY—A Bill to authorize and empower the Com~ missioners of the Sinking Fund to lend funds to the County Board of Com missioners of Saluda County and to provide repayment thereof.

1r 2 85; 2r 227; 3r 381; op 285, 359; rat 459.

.H. R 294: Mr. HASKELL—A Bill to authorize the appointment of certain banking corporations or trust companies, as trustees, executors, administra tors, guardians, receivers or assignees.

1r 2 85; 2r 327; 3r 346; op 285; rat 460.

H. R . 295: Mr. READY——A Bill to authorize and empower the Trustees of the School District No. 1 of Saluda County to order an election and to issue coupon bonds of said school district for school purposes.

1r 2 85; 2r 337; 3r 382; op 285, 359; rat 459.

H. R . 296: Mr. AULL—A Bill to amend an Act entitled “An Act' to enable and authorize School District No. 14, in Newberry County, to issue bonds_for the purpose of building and erecting school houses therein," approved Febru ary 26, A. D. 1902. 1r 2 86; 2r 359; 3r 382; op 286; rat 460.

H.. R 297: Mr. AULL—A Bill to amend Section 2038 of the Code of Laws of South Carolina. 1r 2 86; 2r 337; 3r 346; op 286; rat 390.

H. R . 298: Mr. DEBRUHL—A Bill to require the State Treasurer to pub lish a monthly statement showing the amount of money on hand and the banks in which the same is deposited. 1r 2 86; 2r 502; Sr 523; 0p 286, 315, 338, 446, 502; rat 564. 34 H.. R 300: Mr. BROOKS—A Bill to authorize the Regents of the State Hospital for the Insane to close up a part of the extension of Gregg street and a part of the extension of Elmwood avenue. '1r 2 86; 2r 359; 3r 382; op .286, 315; rat 459.

.H. R 301: Mr. LIDE—A Bill to refund taxes overpaid by John C. Fun chess. 1r 2 86; 2r 359; Sr 382; op 286, 316; rat 450.

H.. R 302: Mr. JEREMIAH SMITH—A Bill to authorize the Probate Judge of Horry County to pay Delphine A. Vareen. 1r 2 86; 2r 359; Sr 380; op 286, 342; rat 460.

H.. R 303: Mr. BOWLING—A Bill to authorize and empower Bamberg School District No. 14, of Bamberg County, in the State of South Carolina, to issue bonds for the purchase of a lot and the erection and equipment of a graded school building thereon, to provide for a building committee and to provide for the payment of said bonds and the interest thereon.

1r 2 86; 2r 360; 3r 380; op 286, 316, 380, 301; rat 537.

.H. R 304: Mr. GASTON—A Bill relating to the recordation of railroad mortgages. 1r 2 86; 2r 327; 31' 346; op 286, 308; rat 390.

H.. R 305: Mr. COOPER—A Bill to amend Section 816 of the Code of Laws of South Carolina, Volume 1, so as to include Laurens County in the provisions of said Section. 1r 2 86; 2r 337; 3r 346; op 286, 310; rat 390.

H.. R 306: Mr. GASTON—A Bill to amend Section 2449 of the Code of Laws of South Carolina, 1902, concerning the lien of certain mortgages. 1r 2 87; 2r 328; 3r 346; op 287, 308, 328; rat 551.

H.. R 307: Mr. STACKHOUSE—A Bill to increase the salary of the Mag istrates' Constables at Dillon. in Marion County.

1r 2 87; op 287, 504.

H.. R 308: Mr. TOWILL—A Bill to entitle Malcolm P. Harris to apply for admission to practice law. 1r 2 87; 2r 420; 3r 434; 0p 287, 310, 322. '

.H. R 309: Mr. HENDRIX—A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for cotton weighers at Pickens, Easley and Liberty, in Pickens County. and Seneca, in Oconee County,’ ap proved February 28th, 1899,” so as to exempt the cotton weighers and pur chasers at the Easley and Pickens cotton mills from the operation thereof, approved the 17th day of February, A. D. 1900, so as to include Glenwood and Liberty mills. 1r 2 87; 2r 337; 3r 346; op 287, 310; rat 390. 35

.H. R 310: Mr. HII.L——A Bill to amend Section 1017 of the Code of Laws of South Carolina (Vol. 1, Civil Code), relating to Magistrates for Colleton County, by increasing the number therein provided for.

1r 2 87; op 287, 505.

.H. R 311: Mr. MCGILL—A Bill to repeal the law requiring the Magis trates of Greenwood to issue all process to the Sheriff.

1r 2 87; 2r 337; 3r 347; op 287, 311; rat 390.

H.. R 312: Mr. TRIBBLE: A Bill to provide for re—indexing the judgment entered up in the ofﬁce of the Clerk of Court for Anderson County.

1r 2 87; 2r 337; 3r 347; op 287, 311; rat 390.

H. R . 313: Mr. COOPER—A Bill to amend Section 2432 of the Civil Code, 1902, by changing the time in which distress warrants may be issued. '

1r 2 87; 2r 338; 3r 347; op 287, 311; rat 390.

H.. R 314: COMMITTEE SUBSTITUTE—A Bill to amend Section 20 of the Code of Civil Procedure, ﬁxing the times for the holding of the Circuit Courts of the Third Judicial Circuit.

1r 2 87; 2r 328; 3r 346; 0p 287, 311, 328; rat 390.

H.. R 315: Mr. DOAR—A Bill to ﬁx the amount of salary of Probate Judge of Georgetown County.

1r 2 88; 2r 360; 3r 381; 0}) 288, 330, 381, 479; rat 458.

H.. R 316: Mr. McGILL—A Bill to amend Section 3139 of the Civil Code of South Carolina, Vol. 1, 1902, relating to salaries of ofﬁcers in Greenwood County. '

1r 2 88; 2r 360; 3r 381; op 288, 330, 433.

H. R . 317: Mr. PEURIFOY—A Bill to amend Section 11 of an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcers of .the various Counties of the State,” approved the 27h day of February, A. D. 1902, by increasing the salary of the Superintendent of Education for Saluda and Bamberg Counties.

1r 2 88; 2r 360; Sr 382; op 288, 330; rat 459.

.H. R 318: Mr. STUCKEY: A Bill to create an additional township in Lee County. It 2 88; 2r 360; Sr 382; op 288, 331; rat 460.

.H. R 319: Mr. DEBRUHL—A Bill to amend Sec. 2170 of the Civil Code, Vol. 1, Code of Laws 1902. so as to increase the penalty provided therein and to give one-half thereof to the person aggrieved and the other half to County. 1r 2 88; 2r 384; 3r 396; op 288, 367; rat 460. 36

H.. R 320: Mr. DEBRUHL—A Bill to amend Sec. 2167 of the Civil Code. Vol. 1, Code of Laws 1902, so as to include baby carriages in its provisions.

1r 2 88; 2r 486; op 288, 424.

H.. R 321: Mr. BOMAR—A Bill to incorporate the Electric Manufactur _ ing and Power Company of Spartanburg. 1r 2 88; 2r 361; Sr 453; op 288, 331; rat 551.

.H. R 322: Mr. LYLES—A Bill to authorize and empower Counties and incorporated cities and towns to own and operate rock quarries and to work convicts thereon and extend the police jurisdiction.

1r 2 88; 2r 361; 3r 381; 0p 288, 316; rat 459.

H.. R 323: Mr. COOPER—A Bill to incorporate the Board of Trustees of the Presbyterian College of South Carolina.

1r 2 89; 2r 384; 3r 396; op 289, 316; rat 460.

H.. R 324: Mr. BOMAR—A Bill to amend Section 1239 of Vol. 1, of the Code of Laws of South Carolina. 1902, relating to the sale of books by County Superintendents of Education.

1r 2 89; 2r 361 : 3r 381; op 289, 300; rat 459.

H.. R 325: Mr. MORGAN (by request)—A Bill to authorize and empower the Trustees oithe school district of the city of Greenville to order an election and to issue coupon bonds of said school district for school purposes.

1r 2 89; 2r 338; Sr 347; 0p 289, 301, 460; rat 391.

H.. R 328: Mr. DORROH—A Bill to require the Board of Trustees and Faculty of Clemson College to provide and furnish short courses of one month each in the textile department. 1r 2 89; op 289, 352.

H. R . 329: Mr. THOMAS—A Bill to supply bound copies of the Code of Laws of South Carolina, 1902. to certain members of the General Assembly. 1r 2 89; 2r 384; 3r 396; op 289, 342; rat 460.

S. 3 40: Mr. BUTLER—A Bill to exempt soldiers and sailors of the late war between the States from County or other municipal licenses, as hawker, peddler or butcher. 1r 3 12; 2r 420; 0p 312, 368.

S. 3 38: Mr. MARSHALL—A Bill to amend Sec. 3095, of Volume 1, of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, so as to make the same applicable to the County of Richland. ' 1r 3 01; 2r 361; 3r 379; op 301, 317. 37

H.. R 339: Mr. WHALEY—A Bill to amend Chapter LXXXIX., of the Civil Code of South Carolina of 1902, relating to the City Court of Charleston, by changing the title of said Chapter, and by adding certain Sections thereto.

1r 3 02; 2r 385; op 302, 331.

S. 3 54: Mr. MANNING—A Bill to provide for the charter fees for Domes tic Building and Loan Association. 1r 3 17; 2r 343; 3r 357; op 317, 343, 511; rat 580.

S. 3 55: Mr. \VARREN—A Bill to amend Section 26 of the Code of Pro— cedure (being Volume 2. Code of Laws, 1902), relating to the summer terms of the Circuit Courts of this State.

11' 3 17; 2r 363; 3r 386; op 317, 363, 386.

S. 3 56: Mr. JOHNSON—A Bill authorizing the City Council of Aiken to ﬁx and pay unto the Mayor an annual salary.

1r 3 17; 2r 362; 3r 379; op 317; rat 563.

S. 3 57: Mr. GOODWIN—A Bill to punish all persons who obtain any money or valuable security from any person while under contract (either written or verbal) to labor for any other person, ﬁrm or corporation, to be guilty of a breach of trust with a fraudulent intent, and punished as for larceny.

1r 3 17; 2r 362; Sr 434; op 317, 343.

S. 3 58: Mr. GAINES—Joint Report of the Legislative Committee to ex amine the books, &c.. of the State Treasurer, Comptroller General and the Sinking Fund Commission. r' 1 332; op 332.

S. 3 59: Mr. DEAN—A Bill to provide for compilation and publication of complete statistics concerning the cotton crop of South Carolina. 1r 3 35; 21' 362; op 335, 343.

S. 3 60: Mr. BROWN—A Bill to amend Section 1262 of Vol. 1. Code of Laws of South Carolina. 1902, relating to meetings of the Board of Trustees of the South Carolina College. 1r 3 35; 2r 362; 3r 379; op 335. 343.

.H. R 362: Mr. AULL—A Bill to further regulate the appointment and pay of State Constables by striking out Section 661, Civil Code (being in Vol. 1, Code of Laws), 1902, page 211. 1r 3 35; 2r 385; 3r 396; op 335, 352; rat 459.

S. 3 81: Mr. VON KOLNITZ—A Bill to amend Section 38 of Criminal Code of Laws of South Carolina. 1902. relating to grand juries. 1r 3 44; 2r 362; 3r 380; op 344; rat 563. 38

S. 3 82: Mr. MANNING—A Bill to amend Section 1555 of the Civil Code (being Volume 1, Code of Laws, 1902), by providing for separate scales and additional platforms for the city of Sumter, during certain speciﬁed months.

1r 3 44; 2r 362; Sr 380; op 343.

S. 3 83: Mr. HARDIN—A Bill to prescribe a mode of enforcing obedience to Statutes regulating the sale of commercial fertilizers and to prohibit the sale of such fertilizers containing more than eight per cent. of moisture or short in weight two per cent. or more.

1r 3 52; 21' 420; Up 352, 373.

S. 3 84: Mr. MOWER—A Bill relating to the examination of the accounts of the State Treasurer, Comptroller General and the Commissioners of the Sinking Fund. 1r 3 52; 2r 385; op 352.

S. 3 85: Mr. WILLIAMS—A Bill to authorize the Trustees of Kingstree School District of Williamsburg County to issue bonds for the purpose of erecting school buildings and equipping same, and purchasing a lot or lots.

1r 3 52; 2r 420; 0p 352, 373.

S. 3 86: Mr. MARSHALL—A Bill to provide for the completion of the terrace around the State Capitol and for other necessary work in and about the building.

1r 3 53; op 353, 373.

S. 3 87: THE COMMITTEE ON PUBLIC BUILDINGS—A Bill to amend Section 633 of the Civil Code (Vol. 1. Code of Laws, 1902), so as to require the Sergeant-at-Arms of the Senate to take care of the furniture of the Sen ate Chamber and Senate Committee Rooms.

1r 3 53; 2r 385; 3r 395; 0p 353, 514; rat 577.

S. 3 88: Mr. HERNDON—A Bill to amend Section 11 of an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcersf o the various Counties of the State," approved 27th day of February. 1902.

S. 3 89: Mr. STANLAND—A Bill to prohibit giving away or selling intoxi cating liquors at or near election precincts on election days.

1r 3 53; 2r 421; op 353, 373.

H. R . 390: To make appropriations to meet the ordinary expenses of the State government for the ﬁscal year commencing January the ﬁrst, 1903.

1r 3 53; 21' 441; 31‘ 490; op 353, 373, 433, 466, 482, 490, 498. 39

H. R . 391: Mr. QUICK—A Bill to authorize the County Board of Educa tion of Marlboro County to reimburse the Trustees of Beauty Spot School District for money expended by them for teachers’ salaries.

1r 3 53; 2r 386; 3r 396; op 353, 368; rat 459.

.H. R 392: Mr. HARRELLSON—A Bill to amend Section 4 of an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcers of the various Counties of the State," approved 27th day of February, A. D. 1902, so as to increase the salary of the Sheriff of Horry County.

1r 3 53; 2r 421; 3r 435; op 353, 374; rat 551.

.H. R 393: Mr. BASS-—-A Bill to amend Section 11 of an Act entitled “An Act. to ﬁx the amount of the compensation to be paid to the County officers of the various Counties of this State." approved February 27, 1902, by strik ing out the word "ﬁve" on the 27th line of said Section and inserting in lieu thereof the word “six.” so as to increase the salary of the County Superin tendent of Education of Williamsburg County.

1r 3 54; 2r 421; 3r 435; op 354, 374, 437; rat 458.

.H. R 394: Mr. MOSES—A Bill to provide for a monument to the memory of Wade Hampton.

1r 3 54; 2r 421; 3r 435; op 354. 374; rat 460.

H. R . 395: Mr. MOSS—A Bill to amend Section 1036 of Civil Code of South Carolina, Vol. 1, increasing the number of Magistrates and Constables, changing their jurisdiction and ﬁxing their compensation.

1r 3 54; op 354, 505.

.H. R 396: Mr. CLIFTON—A Bill to amend Section 169 of the Code of Civil Procedure contained in Vol. 2 of the Code of Laws of South Carolina, 1902, in reference to demurrers.

1r 3 54; 2r 437; 3r 523; op 354, 374, 559; rat 575.

H.. R 397: Mr. MORGAN (by request)-—A Bill to amend an Act entitled “An Act to amend Section 431, Vol. 2. Revised Statutes 1893, so as to prohibit sale and shipping of partridges for ﬁve years,” approved February 9, 1900, so as to include deer and wild turkeys within its provisions, approved Febru ary 25. 1902, as to the burden of proof.

1r 3 54; 2r 422; 3r 436; op 354, 374; rat 551.

H. R . 398 (H. 271: Mr. LESESNE)—A Bill to amend Section 759, Civil Code of South Carolina, Vol. 1. increasing the salary of Supervisor to eight hundred dollars in Clarendon County. 1r 3 54; 21' 438; 3r 486; Op 354, 374, 523. 40

H. R . 390: SUBSTITUTE—A Bill to amend an Act entitled “An Act to amend Section 1 of an Act entitled ‘An Act to regulate the carrying, manu facture and sale of pistols, and to make a violation of the same a misde meanor,‘ approved 20th February, 1901, by striking out certain words and inserting other words in lieu thereof," approved 20th February, 1902, by pro hibiting leasing, renting, bartering, exchanging and handling pistols.

1r 3 54; 2r 422; 3r 436; op 354, 375, 465; rat 551.

H.. R 400: Mr. KING—A Bill to amend an Act entitled an Act to provide for the election of Trustees for School District No. 16, in the County of Flor ence, approved the 15th day of February, A. D..1901, so as to regulate the election and term of Trustees and the assessment and collection of a special tax.

1r 3 55; op 355.

.H. R 401: Mr. SINKLER—A Bill granting to the United States the title of the State to and the jurisdiction of this State over certain lands on Sulli van’s Island, in Charleston County, for military purposes.

1r 3 55; 2r 422; 3r 436; op 355, 375.

H.. R 402: Mr. LANHAM—A Bill to require common carriers of passen gers to transport baggage or sample trunks of two hundred and ﬁfty pounds weight, or less, free of charge, with any passenger.

11‘ 3 55; 2r 552; 0p 355, 424,

.H. R 403: Mr. COGGESHALL: A Bill to deﬁne the law relating to cer tain forms of commercial papers.

1r 3 55; 2r 444; 3r 523; op 355, 375; rat 575.

H. R . 405: A Bill to raise supplies and make appropriations for the ﬁscal year commencing January lst, 1903. 1r 3 69; 2r 433; Sr 454; 0p 369. 375, 433, 442, 455-6, 471, 472-3. 483, 499, 509.

H.. R 406: A Bill to make appropriations for the payment of the per diem, mileage and stationery certiﬁcates of the members of the Generalv Assembly, the salaries of the subordinate ofﬁcers and employees thereof. and other pur poses herein named.

1r 3 69; 21' 434; 0p 369, 375, 442, 521.

S. 4 07: Mr. I. W. RAGSDALE~A Bill to ﬁx the salaries of certain ofﬁcers in the County of Florence. 1r 3 68; 2r 386; 3r 306; op 368.

S. 4 10: Mr. HOOD: A Bill to authorize and require the County Commis sioners of Anderson County to re-indcx the real estate mortgages recorded in the oﬁ-ice of Clerk of Court for said County. 1r 3 76; 2r 422; 3r 437; op 376, 515; rat 576. 41

H. R . 415: Committee report by Substitute Bill to impose acapitation tax - upon all dogs. 1r 3 93; 2r 552; 3r 566; op 393, 446.

H.. R 416: Mr. LANEY—A Bill to amend Section 2159, Volume 1, of the Code of Laws of this State, by adding a provi50 to said Section in relation to railroads. - 1‘1' 3 93; 21' 473; 31' 485; op 393. 424, 473; rat 564.

H. R . 417: Mr. DOAR—A Bill to further regulate public ferries and to prescribe penalties. 1r 3 94; op 394, 439.

.H. R 418: Mr. STUCKEY—A Bill to prescribe the mode of securing scholarships and free tuition provided for by this State.

1r 3 94; 2r 533; Op 394, 424, 446.

H. R . 419: Mr CALLISON—A Bill to amend Subdivision Class C, No. 1, of Section 2, of an Act entitled “An Act to amend Sections 1065, 1066 and 1067, Chapter 22, Vol. 1, of the Code of Laws of South Carolina, 1902, relating to pensions," approved the 26th day of February, A. D. 1902.

1r 3 94; 2r 533; op 394, 462.

H. R . 420: Mr. SINKLER—A Bill to amend Section 2165 of the Code of Laws of South Carolina, 1902, Volume 1.

1r 3 94; 2r 552; 3r 566; op 394, 439, 552; rat 575.

.H. R 421: Mr. RICHARDSON—A Bill to require owner and tenant to fence in or ﬁll up abandoned wells. Jr 3 94; 2r 486; op 394, 439.

H.. R 422: Mr. PATTERSON—A Bill to amend Section 1218, of V0]. 1, of the Civil Code of the Laws of South Carolina, by making all Trustees of the public schools of this State conservators of the peace, and to invest them with the common law powers of Constables. It 3 94; op 394, 439.

H.. R 423: Mr. MAGII.L-—A Bill to amend Section 3002 of the Code of Laws of South Carolina, 1902, excepting certain mortgages and deeds of trusts. 1r 3 94; 2r 486; 3r 523; op 394, 439; rat 564.

H.. R 426: Mr. SARRATT: A Bill to amend an Act entitled “An Act to ﬁx the amount of the compensation to be paid to the County ofﬁcers of the various Counties in this State,” approved 27111 day of February, 1902. by increasing the salary of the County Treasurer of Cherokee County. 1r 4 28; 2r 486; 3r 523; op 428; rat 575. 42

.H. R 427:.Mr. BASS—A Bill to authorize the Trustees of Kingstree School District. of \Nilliamsburg County. to issue bonds for the purpose of erecting school buildings and equipping same, and purchasing a lot or lots.

1r 4 28; 2r 487; 3:" 523; op 428; rat 575.

H.. R 428: Mr. McMASTER (by request)—A Bill to amend Section 3095, of Vol. 1, of the Code of Laws of 1902, designating the holidays in the County of Charleston to be observed in the acceptance and payment of bills of ex change. bank checks and promissory notes.

1r 4 28; 2r 489; 31' 523; op 428; rat 575.

H.. R 429: Mr. CAUSE—A Bill to prevent the shipping of shad beyond the limits of this State. 1r 4 29; 2r 533; op 429, 440.

H.. R 430: Mr. TOOLE—A Bill authorizing the City Council of Aiken to ﬁx any pay unto the Mayor an annual salary.

1r 4 29; op 429.

H. R. 431: Mr. DAVIS A Bill to amend Section 176 of the Criminal Code. V ol. 2. Code of Laws. 1902, relating to the punishment for removal, destruction or leaving down of any gat'e, fence. bars or other structures.

1r 4 29: 2r 533; 3r 568; op 429. 475, 562: rat 575.

H.. R 432: Mr. TATUM—A Bill to amend Section 1540, of Volume 1, of the Civil Code of 1902. as to sample of fertilizers.

1r 4 29; op 429, 463.

H.. R 433: Mr. DEVORE: A Bill to establish an additional voting place at “Roper's,” in Edgeﬁeld County.

1r 4 29; 2r 489; 0p 429, 524. 565; rat 576.

.H. R 434: Mr. BROWN—A Bill to provide for the payment of a salary to the Chaplain of the Penitentiary for services rendered as Chaplain of the Reformatory. 1r 4 29; 2r 489; 3r 524; op 429, 446; rat 574.

H.. R 435: Mr. TOOLE—A Bill to amend an Act entitled “An Act to ﬁx the compensation to be paid to the County ofﬁcers of the various Counties in this State,” approved 27th day of February, 1902, relating to the salary of the Auditor of Aiken County. 1r 4 29; 2r 534; 3r 567; op 429, 446; rat 574.

H. R . 436: Mr. TOOLE—A Bill to amend an Act entitled “An Act to fix the amount of the compensation to be paid to the County officers in various Counties of the State, so as to fix the salary of the Coroner in Aiken County. 1r 4 29; 2r 489; 3r 524; op 429, 447. 43

.H. R 437: Mr. MORGAN—A Bill to repeal an Act entitled “An Act to create a new school district, to be known as Greer's Graded School District, lying in Greenville and Spartanburg Counties," approved December 24th, 1887. and an Act amendatory thereto. approved the 20th day of December, 1888.

1r 4 29; 2r 534: 3r 567; op 429, 475.

H. R . 438: Mr. STACKHOUSE—A Bill to amend the various Statutes and the law as to school districts embracing the totvns of Marion, Mullins, Latta and Dillon, in Marion County.

1r 4 30; 2r 489; op 430, 447, 524; rat 565.

H.. R 439: Mr. MACE—A Bill to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for the establishment of a new school district in Marion County. and to authorize the levy and collection of a local tax therein,‘ approved December 24th, A. D. 1886." approved December 18th, 1804, so as to increase the limit of special tax, and so as to provide for pur chase of grounds and houses for building and equipping houses, and to pro vide for contingent fee.

1r 4 30; 2r 490; op 430, 447.

H.. R 440: Mr. MORGAN—A Bill to amend Section 1262. of Vol. 1, of Code of Laws of South Carolina, 1902, relating to meetings of the Board of Trustees of South Carolina College.

1r 4 30; 2r 490; 0p 430, 449, 524; rat 564.

H. R . 444: Mr. MAULDIN—A Bill to provide for refunding certain bonds in Greenville County.

1r 4 30; 2r 534; 3r 567; op 430, 492; rat 574.

H.. R 446: Mr. MCCAIN—A Bill to ﬁx the amount of compensation of Magistrates and their Constables in York County.

1r 4 31; op 431, 475.

H. R . 448: Mr. DOVVLING—A Bill to abolish the oﬁice of Township _ Commissioner, in Bamberg County, and make the general law as to County government and assessment of property for taxation applicable therein.

1r 4 31; op 431, 463.

.H. R 449: Mr. BATES—A Bill to amend Section 1210 of the Civil Code of 1902 as to appointment of School Trustees. 1r 4 31; 2r 535; op 431, 447, 562.

.H. R 450: Mr. AULL—A Bill adding another proviso to Section 2009 of Civil Code of South Carolina, making the Mayor and two Aldermen of New berry part of the Commissioners of Public Works. 1r 4 31; 2r 490; op 431, 450. 44

H.. R 452: Mr. J. E. HERBERT—A Bill to amend Sec. 1011 of the Civil Code (Vol. 1, of the Code of 1902), so as to extend the jurisdiction of the Magistrates between Cooper River and Ashley River,.in northern part of Charleston County. '

tr 4 31; op 431, 504.

H. R . 453: Mr. THOMAS, JR.——A Bill to ﬁx the number and provide tor the compensation of Magistrates in Richland County.

In 4 31; op 431, 505.

S. 4 58: Mr. SHARPE—A Bill to validate the election for Intendant and Wardens of the town of Swansea, which was held on the 13th day of January, 1903.

1r 4 25; 2r 491; 3r 561; op 425.

S. 4 59: Mr. SHARPE—A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain Counties, and for other purposes.

1r 4 25; 2r 535; op 425.

H.. R 468: Mr. LYLES—A Bill to empower towns and cities of ﬁve thou sand inhabitants and over to subscribe to the maintenance of public libraries.

1r 4 63; 2r 491; 3r 524; op 463; rat 574.

H. R . 469: Mr. MCCAIN—A Bill to require the Treasurer of York County ' to refund to Bowling Green Knitting Mills certain overpaid taxes.

1r 4 64; 2r 491; op 464, 524; rat 565.

H. R . 471: Mr. WALKER—A Bill to amend an Act entitled “An Act to amend the law in relation to the names and locations of the various voting precincts in this State." so as to change the location of “Erwinton,” in Barn well County.

11' 4 64; op 464.

H.. R 472: Mr. MAULDIN—A Bill to add another Section to Article I., under the title the State Geologist, Civil Code of South Carolina, Vol. 1. after Section 740,10 be known as Section 740 (a), to provide specimens of mineral of this State for Clemson Agricultural and Mechanical College.

1r 4 64; 2r 536; 3r 568; op 464, 476; rat 575.

H.. R 473: AGRICULTURAL COMMITTEE—A Bill to amend Section 1519 of the Civil Code, 1902, exempting certain other portions of Kershaw County from the operation of the general stock law. 1r 4 78; 2r 536; 3r 567; op 478; rat 574. 45

H.. R 474:WAYS AND MEANS COMMITTEE—A Bill to authorize the Lexington and Columbia Railway Company to construct its tracks through certain C ounties, and for other purposes.

1r 478; 2r 536; 3r 567; op 478; rat 574.

H. R. 475: Mr. BASS—A Bill to amend Section 563 of the Criminal Code of 1 902, so as to further regulate the location and establishment of Dispen saries.

1 r 478; 2r 436; 3r 567; op 478; rat 575.

S. 6 5: Mr. J. W. RAGSDALE—A Joint Resolution to refund to Mrs. Carrie Hallford. of Florence County. $36.03 as a rebate on taxes improperly paid.

1 r 86; 2r 256; 3r 273; op 86, 231; rat 550.

H.. R 115: Mr. COGGESHALL—A Joint Resolution to refund to C. Keith Dargan, of Darlington County, certain taxes.

1r 1 48; 2r 350; 3r 357; op 148, 309; rat 461.

S. 2 78: Mr. MOWER—A Joint Resolution to require the State Librarian to furnish certain Judges and Solicitors with copies of Code of Laws of South Carolina, 1 902.

1r 271; 2r 384; op 281, 352.

S. 2 9: Mr. WARREN—A Joint Resolution proposing to amend Section 9, of Article III., of the State Constitution, so as to provide for biennial ses— fsions o the General Assembly.

1r 4 4; Zr 144; 3r 164; op 44, 90, 187, 480.

S. 1 61: Mr. HOOD—A Joint Resolution to appoint a Committee to investi gate the management of the State Dispensary. ~

11' 2 11; 2r 278; 31' 339; op 211, 232, 339, 340, 537.

S. 3 0: Mr. RAYSOR—A Joint Resolution to amend Section 9, of Article III., of the State Constitution. so as to provide for biennial sessions of the General A ssembly.

1r 44; 2r 144; 3r 188; op 44, 90, 188.

S. 62: Mr. HOUGH—A Joint Resolution to require the Treasurer of Lan caster County to refund to J. B. Langley certain taxes.

1r 86; 2r 189; 0p 86, 160, 301; rat 329. ‘ 45—s. J.—(500) 46

H.. R 95: Mr. THOMAS, JR.—-A Joint Resolution to authorize the Comp troller General to draw his warrant or warrants in favor of the State Printer and the State Treasurer to pay the same to an amount not to exceed the sum ' of six thousand dollars, upon account of amount now due to the State Printer under his contract for the public printing.

1r 1 42; 2r 189; 3r 209; op 142. 190, 203; rat 244.

H.. R 177: Mr. LOFTON—A Joint Resolution to require the Sinking Fund to refund certain moneys to H. M. Lofton, Jr., and James Reedy. 1r 2 13; 2r 383; 3r 396; op 213, 351; rat 391. S. 1 42: Mr. HYDRICK—A Joint Resolution to extend the time for col lecting taxes for the ﬁscal year 1902 without penalty.

1r 1 97; 2r 210; 3r 216; op 197, 479.

S. 2 49: Mr. MARSHALL—A Joint Resolution to authorize the Regents for the Hospital for the Insane to purchase the Seegers property and to provide for paying for the same. -

1r 2 41; op 241, 375.

S. 2 84: Mr. BLAKE—A Joint Resolution to authorize and require the Treasurer of Abbeville County to refund to Mays Cleveland certain taxes overpaid.

1r 2 82; 2r 327; 0p 282.

S. 2 85: Mr. BLAKE—A Joint Resolution to provide for the payment of $75 to J. S. Gibert. ex~Superintendent of Education of Abbeville County.

1r 2 82; 2r 258; 3r 379; op 282; rat 564.

S. 2 86: Mr. PEURIFOY—A Joint Resolution to authorize the County Board of Commissioners of Colleton County to approve certain claims for services rendered and material furnished, and to require the Treasurer of said County to pay the same.

11' 2 83; 2r 336; 3r 345; op 283.

S. 2 87: Mr. STANLAND—A Joint Resolution to appoint a Commission to p ay to Colleton County the proportion due by Dorchester County of the 'bonds i ssued by Colleton County in aid of the Green Pond, Walterboro and Branchville R ailroad, and to provide for compensation for such Commission, and for the collection of said bonds. 1r 2 83; 2r 314; 3r 326: op 283, 427; rat 550.

H.. R 299: Mr. BROOKS: A Joint Resolution to authorize the Regents of the State Hospital for the Insane to purchase the Seegers property, and to provide paying the same. 1r 2 86; 2r 359; 3r 382; op 286, 315; rat 458. 47

H. R . 326: Mr. WINGO—A Joint Resolution to authorize and require the Treasurer of Abbeville County to refund to Mays Cleveland certain taxes over paid.

1r 2 89; 2r 338; Sr 346; op 289, 311; rat 460.

.H. R 327: Mr. JAMES—A Joint Resolution to require the payment of one hundred and twenty-ﬁve dollars to Bright Williamson. of Darlington, for money advanced by him for the County.

1r 2 89; 2r 338; 3r 347; op 289, 311; rat 391.

S. 3 36: Mr. WARREN—A Joint Resolution to amend Section 26, Article III., of the Constitution of the State of South Carolina. adopted the 4th day of December, 1895, by adding a clause in reference to carrying concealed upon the person any deadly weapon to the oath therein required.

1r 3 01; op 301, 367.

S. 3 37: Mr. WARREN: A Joint Resolution to amend Section 11, Article 1., of the Constitution of the State of South Carolina. adopted 4th day of December. 1895. by including all persons who shall be convicted of carrying any concealed deadly weapon incapable of holding any oﬁice of honor or trust.

1r 3 01; 0p 391, 367.

S. 3 52: Mr. DOUGLASS—A Joint Resolution to empower towns and cities of five thousand inhabitants and over to subscribe the maintenance of public libraries.

1r 3 17; 2r 361: 3r 376; op 31?; rat 563.

S. 3 53: Mr. GAINES—A Joint Resolution to authorize the County Trea surer of Greenwood County to pay certain claims held by H. J. Kinard against School District Nos. 1, 6 and 7, of said County.

1r 3 17; 2r 361; 3r 379; op 317.

S. 3 61: Mr. BROWN (by request)—A Joint Resolution to authorize and empower the Board of Trustees of South Carolina College to improve lands of said College, to build thereupon. to borrow money for such purpose and to pledge the lands so improved for the money so borrowed.

1r 3 35; 2r 533; op 335, 343.

S. 380: Mr. HERNDON—A Joint Resolution to require the County Board of Commissioners to pay to J. R. Kay, Treasurer of Oconee County. one hundred a nd seventy-ﬁve dollars as commissions for disbursing the Court House and jail fund.

1r 3 44; 2r 362; 3r 380; op 344; rat 563. 48

S. 4 08: Mr. PEURIFOY—A Joint Resolution to authorize and require the Treasurer of Dorchester County to refund to Hattie E. Stokes and O. A. Malone certain taxes improperly paid.

1r 3 69; 2r 386; 3r 396; op 369, 515; rat 563;

S. 4 24: Mr. BUTLER—A Joint Resolution to validate a special election and levy in Blacksburg School District, held 13 February.

1r 3 93; 2r 438; 3r 453; op 393, 454, 537; rat 563.

.H. R 441: Mr. BROWN (by request)—A Joint Resolution to provide for repayment of excess commutation tax to certain persons in Oconee County.

11' 4 30; 2r 534; 3r 568; op 430, 475.

H.. R 442: Mr. MORGAN—A Joint Resolution proposing to amend Sec tion 7. Article VIII., of the Constitution, relating to municipal bonded indebt edness. 1r 4 30; 01) 430, 475.

.H. R 443: Mr. RICHARDS—A Joint Resolution providing for the ‘pay— ment to W. R. Hough, Treasurer of Kershaw County, seventy-ﬁve dollars by the State, and one hundred and twenty-ﬁve dollars by said County Com missioners, due for taxes collected in 1898.

1r 4 30; 2r 534; 3r 567; 0p 430, 475.

H.. R 445: Mr. STUCKEY—A Joint Resolution to provide payment for the Treasurers and Auditors of Sumter, Darlington and Kershaw Counties for services rendered in compliance with Section 4 of the Act establishing Lee County. \ 1 r 430; 2r 490; 3r 524; op 430, 440; rat 576.

.H. R 447: Mr. YOUMANS—A Joint Resolution to require the State and County of Hampton to refund to J. C. Langford certain funds paid said State and County by said J. C. Langford (Treasurer of Hampton County), and to provide the manner of payment thereof.

1r 4 31; op 431, 476, 552.

H.. R 451: Mr. WINGO—A Joint Resolution to amend the Constitution so as to permit the General Assembly to enact local and special laws on the subject of laying out‘, opening. altering and working roads and highways, and as to the age at which citizens shall be subject to road or other public duty.

1r 4 31; 2r 535; op 431, 448.

H. R . 470: Mr. COGGESHALL—A Joint Resolution. with a memorial. to refundo t Mrs. S. J. Nettles and Miss E. S. McCall, of Darlington County, certain taxes.

1r 4 64; 2r 436; 3r 567; op 464, 476; rat 575. 49

A J oint Resolution to authorize the State Treasurer to write off of the books in his ofﬁce certain bonds entered on said books as old bonds not fund able, Blue Railroad Bonds $37,000.

op 5 00, 501, 522.

.H. R 476: Concurrent Resolution relative to adjournment.

0p 5 37.

S. 4 80: Concurrent Resolution in reference to ﬁnances.

op 5 71.

NDPETITIONS A MEMORIALS.

The P resident—Invitation of Bar Association of the State of South Caro lina...... 25

The P resident—Invitation of Winthrop College ...... 34

Mr. R aysor—Memorial from Committee of State College Trustees relat ing to scholarships ...... 60, 223, 276 S. 2 79: Account of McCreery Brothers for gown furnished Lieutenant Governor Sloan, $100.00 ...... 269, 424

S. 4 11.——-Account of the State Company. for stationery furnished the Senate, $30.00 ...... 392, 424

S. 4 12.—Account of Hugh Wilson, stationery for the Senate, $31.85. .392, 424

S. 4 13.—Account of the R. L. Bryan Company, for stationery furnished the Senate, $30.65 ...... 392, 424

S. 4 65.—Annual Report of the Harbor Commissioners for the port of Charleston ...... 445

S. 4 66.-—Petition of A. J. Matheson, regarding improvements on the Pee Dee River ...... 461

S. 4 78.—Account of J. T. Schumpert, Sergeant-at-Arms of the Senate, $273.07 ...... 491 50

RESOLUTIONS.

S. l .——Mr. Brown: Concurrent Resolution relating to the funeral obse quies of the late Chief Justice Henry McIver ...... 24

S. 1 3.—Mr. Dean: A Concurrent Resolution relating to election of the General Assembly at the present session ...... 25, 35, 44 S. 1 4.—Mr. Aldrich: A Resolution relating to the appointment of an additional laborer .. 25

Mr. M arshall: A Concurrent Resolution relating to memorial exercises of General Wade Hampton ...... 33

S. 2 4.—Mr. Sheppard: A Concurrent Resolution ﬁxing the time for elec tion of a Chief Justice and other ofﬁcers ...... 36

H.. R 3l.—Mr. Sinkler: A Concurrent Resolution relating to the conﬁr mation of W. D. Crum as Collector of Customs at the port of Charles t011...... 44

S. 3 2.—Mr. Aldrich: A Concurrent Resolution relating to the inaugura tion of Governor and Lieutenant Governor-elect ...... 48 S. 2 4.—Mr. Sheppard: A Concurrent Resolution ﬁxing the time for elec tion of a Chief Justice and other oﬁicers ...... 50

H.. R 45.—Mr. Herbert: A Concurrent Resolution relating to joint rules. 58 H. R. 46.—Mr. Rainsford: A Concurrent Resolution relating to election of s uccessor to Hon. John L. McLaurin, United States Senator ...... 58 Mr. D avis: Resolution providing for additional copies of Senate Journal and C alendars...... 63 H. 55: A Concurrent Resolution asking the assistance of the United State Department of Agriculture in reclaiming and irrigating the lands of South Carolina ...... 64 H. 56: A Concurrent Resolution providing for the election of Associate Justice...... 64 S. 57.—Mr Marshall: A Concurrent Resolution relating to Memorial Exercises o f Gen. Wade Hampton ...... 62 77.—Mr. M anning: A Concurrent Resolution providing for the election of a Code Commissioner ...... 88 147 78.—Mr. M ayﬁeld: A Concurrent Resolution relating to appointment of Door-keepers for the Committee Rooms of the Senate ...... 88, 217

S. 1 02.—Mr. McLeod: A Concurrent Resolution providing that on to-' morrow’s elections nominations be made without speeches ...... 142, 147 51_

. R 101.—Mr. Wingard: A Concurrent Resolution to appoint a Com mittee to ascertain what officers are to be elected by the present Gene ral Assembly.. 143

. 1 171-Mr. Gaines: A Concurrent Resolution in relation to Old Fort Ninety-Six ...... 147, 428

. 1 18—Mr. Sheppard: A Concurrent Resolution providing for the elec ftion o one Trustee for the South Carolina College and for other purposes...... 162, 163

.. R 125.—Mr. Lyles: A Concurrent Resolution: Be it resolved by the House of Representatives. the Senate concurring, That a Bill for a special charter to incorporate the Union Manufacturing and Power Company be allowed to be introduced, and when so introduced may pass the same as other Bills ...... 163

.. R 148.——Mr. Johnson: A Concurrent Resolution relating to the exami nation of the accounts of certain State ofﬁcers ...... 197

.. R 149.—-Mr. Cooper: A Concurrent Resolution to permit the intro duction of a Bill “to incorporate the Board of Trustees of the Pres byterian College of South Carolina." ...... 198

. 2 13.—Mr. Hay: A Concurrent Resolution to provide for the appoint fment o a Committee to' examine the accounts, vouchers and books of the penal and charitable institutions of this State ..... ,...... 227, 252 ll) . 2 18.~Mr. McCall: A Concurrent Resolution in reference to the erec ftion o a monument to the memory of General Wade Hampton. . .240,

.. R 24l.-—Mr. Bomar: A Concurrent Resolution to permit the introduc tion of a Bill to incorporate the Electric Manufacturing and Power Company. . . . 242 .. R 242.—Mr. Williams: A Concurrent Resolution to permit the intro duction of a Bill to incorporate the Indianola \Vater Power Company. 243 . 2 51.—Mr. Brice: A Concurrent Resolution in reference to the ap proval of an Act to provide Courts for Spartanburg and Rock Hill by the President of the United States ...... 241, 266 .. R 409.—Mr. Eﬁrd: A Concurrent Resolution relating to the State House roof...... 369 . 4 14.—-Mr. Aldrich: A Concurrent Resolution to appoint a Special Commission t o consider the completion of the State House, with au thority to sit during the recess ...... 393, 428, 432 . 4 25.—-Mr. Sharpe: A Concurrent Resolution to permit the introduc ftion o a Bill to authorixe the Lexington and Columbia Railway Com pany to construct its tracks through certain Counties, and for other purposes ...... 425 52

.H. R 454.—Mr. Mims: A Concurrent Resolution to permit the introduc tion of a Bill to amend an Act entitled “An Act to incorporate the American Land and Improvement Company." approved December 24th, 1891 ...... 7...... 440, 490 .H. R 455.—Ways and Means Committee: A Concurrent Resolution to permit the introduction of a Bill to authorize the Lexington and Co lumbia Railway Company to construct its tracks through certain Counties, and for other purposes ...... 440 S. 4 62.—Mr. Marshall: A Concurrent Resolution appointing a Commit tee from members of the House and Senate to investigate and report on certain repairs on the State House ...... 440, 477 S. 4 67.—Mr. McCall: A Concurrent Resolution requesting the Repre sentatives in Congress to urge an appropriation for straightening of the P ee Dee River ...... 478 H. R. 476.—Mr. W. J. Johnson: A Concurrent Resolution ﬁxing Satur day, February 2lst inst., as the day to adjourn sine die ...... 478

CLAIMS.

S. 7 1.-—Mr. Johnson: Claim of Aiken Recorder, advertising special elec tion, $10.28 ...... s2, 59, 424, 477 S. 7 2.—Mr. Johnson: Claim of Aiken Times, advertising special election, $10.28 ...... 82, 89, 425, 477

S. 7 3.—Mr. Johnson: Claim of Aiken Journal and Review, advertising special election, $10,28 ...... S2, 89, 425 S. 7 4.—Mr. Mayﬁeld: Expenses of Legislative Investigating Committee, under Concurrent Resolution adopted by the Senate and House of Representatives at the 1902 session of the General Assembly of the State of South Carolina (see pages 1335-6, and also page 1357 of the fAct o 1902), $343.10 ...... 82, 89 S. 75.-—Mr. Mayﬁeld: Expenses for freight on furniture for Senate Com mittee rooms, $109.84 ...... 83, 90

S. 76.—Mr. Mayﬁeld: Account of Muich & Eisenbreg for furniture for Committee rooms, $2,928.89 ...... 83, 90 H. R. 191.—Claim of W. E. Adams, Jr., refund of taxes, $4.18 ...... 215, 270 H. R. 192.—Claim of C. H. Lesesne, balance salary as Supervisor of Reg istration Williamsburg County, $6.25...... 215, 331

H. R. 221.—James P. Carey. Special Judge, $247.10 ...... ' ...... 242, 270

H.. R 222.——O\ven Alderman, search for Charles Jeffcoat, $51.25...... 242, 331 53

.H. R 223.—Carolina National Bank, for bringing Edward Butler from fState o Georgia, $34.12 ...... 242, 331

H. R. 224.—James F. Izlar, Special Judge, Newberry, $178.75 ...... 242, 270

H. R. 225.—James F. Izlar, Special Judge, Camden, $184.15 ...... 242, 270

H. R. 226.—B. C. Watts. services Supreme Court, $9.26 ...... 242, 270, 331

H. R. 227.—G. P. Scarborough, services agent State bringing Henry Byrd from Hamlet, N. C., on December 19, 1902, $6 ...... 242

H. R. 228.—T. R. Blackwell, reward for William Silllivan, $50 ...... 242, 331

H. R. 229.—Carolina National Bank, W. H. Hunt, Special Judge, Ander SOt‘l, $214.24...... 242

H. R. 230.—-John R. Logan, Sheril’f, services Catawba Riﬂes, $56..242, 312, 270

H. R. 231.—O. \V. Buchanan, Special Judge, Barnwell, $231.54 ...... 242, 270

H. R. 232.—James F. Izlar, Special Judge, Walterboro, $191.36. .242, 312, 270

H. R. 233.~—J. E. Swearengen, for $60, reward for George Martin; W. G. Outz, reward for capture of George Martin, $40 ...... 242, 312, 331

H. R._234.—J. D. Daniels, Williamsburg County, for capture Harry C. Holloway, $64.28 ...... 242, 312

H. R. 245.—R. L. Bryan & Co., for executive ofﬁce, $43.20 ...... 242, 331

H. R. 236.—T. W. McMillan, reward for Julian Foster, $100 ...... 242, 331

H. R. 237.——Claim of R. L. Bryan, general election printing, $48 ...... 242, 270

H. R. 238.—Claim of B. M. Fewell, York County, overpaid taxes, $2.71. 242, 270

H. R. 239.—Claim of Mrs. S. A. Hunt, for balance due for services as Auditor for Pickens County, $22.34 ...... 242, 270

H. R. 240.—Claim of “New Sentinel,” for publishing proclamation of election notice, new County of Allendale, $65.00 ...... 242, 270

H. R. 254.—Claim of the Freeman, publish notice of election $22.00 ...... 270

H. R. 255.—Claim of Mrs. S. J. Wilson, account of J. S. Wilson, deceased, as Supervisor of Horry County, $12.50 ...... 270

H.. R 256.—Claim of J. F. Bigham, publishing notices of election, $40.37.. 270 .H. R 257.—Claim of the Outlook Publishing Company, publishing notice of election, $40.11 ...... 247, 270 H.. R 258.—Claim of E. 0. Hall, Treasurer of Berkeley County, for ser vices rendered previous to commission, $7.35...... 270 46—8. J .—(500) 54

H. R. 2 59.—Claim of Spartanburg Daily Herald, publishing notice of elec tion. $ 68.42...... 270 m' mmwmmmww . 330.—Hampton Guardian. $72.50 ...... 289, 5 03

. 331.—E. B. Wilson, $325.14 ...... ' ...... 289, 503

. 332.—G. M. Green and J. L. Attaway, $80.70 ...... 289, 503

. 333.—Dorchester Democrat, $38.48 ...... 2S9, 503

. 334—]. M. Polatty, _7.20 ...... 289, 503

. 335—Pee Dee Advocate, $34.66 ...... 289, 503

. 457.—Sundry Claims of the R. L. Bryan Printing Company ...... 423, 463 . 4 64.—Claim of the Gonzales Book Company, for stationery furnished the S enate. $1.65 ...... 445, 467 . 4 77,—I-Clillm of w. c. McMillan for combs. brushes, &¢., furnished

John. T Gaston, former Sergeant-at-Arms of the Senate, $1.90. .474, 476 . 4 78.—Account of J. F. Schumpert, Sergeant-at-Arms of the Senate. $273.07. . 504 . 4 79.—Claim of George Johnson, for services rendered as Door-keeper of G eneral Committee Rooms, $80 ...... 504 . 4 79.—Claim of George Johnson for services rendered as door-keeper of t he General Committee room for the session of 1903, $80 ...... 492 assasssssssass R. 341.—Chas. Petty, advertising, $68.42...... 1312, 3 31

R. 342.-C. E. Epton, salary, $32.56 ...... 312, 331

R. 343.—Robt. Shelor, stenographic services, $49 ...... 312, 331

R. 344.-—Jas. W. Ballentine, tax abatement, $8.80 ...... 312, 331

R. 345.—Edit'h M. de Lorme, special stenographer, $30 ...... 312, 331

R. 346.—Barnwell People, $67.50 ...... 312, 331

R. 347.—News Printing Co., advertising. $29.61 ...... 312, 331

R. 348.—Mr. W. Harrell, refund taxes, $11.09 ...... 312, 331

R. 349.—M0nitor Printing Co., $68.58 ...... 312. 331

R. 350.—Excelsior Knitting Mills, tax abatement, $740 ...... 312, 331

R. 351.—The State Co., advertising, $39.52 ...... 312, 331

R. 4 81.—Sundry claims from the Engrossing Department, $127.16. . .. 558

R. 363.-—Claim of Winnsboro Publishing Company, $42.99 ...... 335 376

R. 3 64.—Clain1 of the State Board of Canvassers ...... 476, 335, 376 55'

:=:.=.I.I.m.w.=.==:.=::.==m . R 365.—Reeord Publishing Co., $29.92 ...... 335, 376

366.—The Kershaw Era, $18.00 ...... 335, 3 76

367.—The Ledger, Gaffney, $18.59 ...... 335, 376

368.—The Darlington News, $33.00 ...... 336, 376

360.—Summerville Publishing Co., $37.53 ...... 392

370.—S. P. Driggers, $41.44 ...... 336, 376

37l.~—Dorchester Eagle, $39.32 ...... 336, 376 .

372.—C0unty Messenger. Darlington, $33.36 ...... 336, 376

373.—Marlboro Democrat, $18.00 ...... 336, 376 374.—Jno. Hi. Buchanan, $40.32 ...... 336, 376

375.—Aiken Recorder. $19.33 ...... 331, 376

376—Aiken Times. $19.33 ...... 336, 376

377.—Journal and Review, Aiken, $19.33 ...... 336, 376

37s._R. L. Hagood, $13.40 ...... 336, 376

. 3 79.—-Mrs. M. L. Hall, $12.37% ...... 476

.. R 404.—Claim of W. H. Gibbes, Jr., services rendered as Auditor of Riehland County, $16.03 ...... 355, 503 “I .. R 456.—Claim of E. D. Burton against the State of South Carolina, $200...... 431, 476 .. R 460.—Claim of H. Massey against the State of South Carolina, $600.00...... 431, 476

.. R 361.—-Claim of Charles A. Calvo, jr., for binding volume 2 of Re ports and Resolutions, $900.00 ...... 441, 503

. 4 83.—Claim of James P. MeGorty, services rendered as door-keeper Committee r oom, $120.00 ...... 503 . 4 83.—Claim of J. A. White, services rendered as door-keeper of Com mittee r oom, $120.00 ...... '...... 503