The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-23
FROM THE STATE CAPITAL.
The Mandamus-The Railroad Case
The Changes in the Criminal Law
General Legislative Proceedings, 90.
[FRoM OUR OWN CORRESPONDENT.

CoLuMBA, S. c., January 21.-The argu-
ment in the r,andanlus case, on the motion
for rule upon the Acting Board Of Aldermen,
will be argued before the Supreme Court to-
morrow by General James Conner for the
Board of Aldermen. and by Messrs. Corbin
and Chamberlain for the claimants.
Notice OF motion was given in the Supreme
Court to-day by General James Conner for a
prohibition to arrest proceedings in the case Of
the South Carolina Railroad vs. Columbia and
Augusta Railroad until the respective rights
of the two companies shall have been heard
and determined by the Supreme Court. Some
day next week will, doubtless, be fixed for
hearing the argument.
The Governor gave apublic reception this
evening to the various State officers and MEM
bers OF the Legislature.
The debates in both branches Of the General
Assembly are daily growing warmer and more
interesting, but rather too prolific for the good
of the Treasury Department. AS general
thing, however, there is evident laudabe
desire on the part of members of both houses
that the important measures now up for dis
|
becoming laws. Such to-day was the subject
under consideration in the House, namely, the
bill to alter and amend tho criminal law. The
great question was on the abolition OF capital
| punishment in all cases except ofwilful murder.
rhe general sentiment is undoubtedly in favor
of the proposition as in keeping with the
progress Of the age. II may be curious
| to observe that the stronges. opposition comes
from those to the manor born, while its warm
est advocates are those white and colored who
have but recently made South Carolina their
| home. The bill, 1t will be remembered, origin
ated in the Senate, whore it was introduced by
| MIR, Corbin. In that body the most active aud
determined opponents were Rainey, OF George
town; Nash, of Richland; Hayne, of Marion.
| The two former made tho most strenuous
efforts to except the crime OF rape from the
operations Of the bhl while in the House De-
Large made the most determined opposition
to the measure, and moved to amend section
as Follows:
Insert after the word murder" on first line,
printed BILL rape or burglary where the party
attempts to take life by weapons OF any KIND,
or by administering chloroform or any compo-
sition from which Inconsistencies or death
may ensue."
The debate on this proposed amendment
continued in the House to-day up to the hour
of adjournment.
The bill introduced in the House by Smals,
of Beaufort, entitled "a bill TO enforce the
Civil Rights bill OF the United States
Congress-" is almost idenlically the anti
discrimination bill OF the special session which
passed the House ut that time, but was defeat
ed in the Senate. The following are its provi-
sions:
SECTION 1. That from and after the passage
of this bill it shall not be lawful Tor common
carriers, or any party or parties engaged IN
any business. calling or pursuit for the carry,
lug on Of which license or charter ls required
by law, municipal, State Federal or otherwise.
To- discriminate between persons on account OF
race, color or previous condition, who shall
make lawful application for the benefit OF such
business, calling or pursuit. go
SEC. q. Any party so discriminating shall be
considered as having violated TINS act, ana,
upon conviction, shall BIO punished by a fine
OF not less than two hundred dollars, or I'M
prisonment for not less than six months.
SEQ. 8. No act OF incorporation shall be con-
ferred upon any organization the rules and
regulations OF which contain features not COM
patible with the provisions Of this act.
SEQ 4. All acts or parts Of acts inconsistent
with this act are hereby repealed.
Crews presented the accounts of j. G. Trayn-
ham, NJ. D., for post 7nortena examinations.
Referred to the Medical Committee.
Sasportas introduced bill to amend an act
entitled "An act to provide tor the temporary
organization of the Educational Department.
Oh IQG StHl6 VI DUutu SulOnpu. AsOoea Wv AASe
time and referred TO the Committee on Educa-
ton.
The Senate bill to ch1nge the location OF the
county seat Of Barnwell County from Barnwell
Courthouse to Blackville, was read the first
time, and referred to the Committee on the Ju-
dietary.
fix the salary and regulate the pay Of certain
oficersn was read the irst time and referred to
the Committee on Ways and Means.
In THE SENATE, Rainey presented the peti-
ton of a. Won Dohlen, of Charleston, praying
to be refunded taxes overpaid. Referred to
the Committee on Finance.
Lunney gave notice OF bill 10 incorporate
the Macedonian Baptist Church, of Darling
ton, s. G..
Wright gave notice of bill to renew an act
entitled eAn act to authorize the formation OF
limited partnerships"
Mr.. Jlllson introduced q bill to extend the
time in which the Camden Bridge Company
may rebuild their bridge.
SxaiIs introduced bill to amend section l39
of an act providing for the assessment and
taxation OF property. The bill received Its hrst
reading, and was ordered for second reading
and consideration tomorrow.
A bill to alter and amend On act entitled AN
act to incorporate the Village OF Kingstreo. re-
celyed it's third reading, passed, and WAS order
ed TO be sent to the House OF Representatives.
On motion of Lunney, the Senate took up ior
consideration the uDiavorable report OF the
Committee on Finance on bill to increase the
salaries of the Justices Of the Supreme Court
and of the Circuit Judges.
The bill received its second reading, and was
taken up for consideration by sections.
Mir. Jillson moved to amend Section l, in the
third line of the printed bill, the words tive
hundred" so as to read 'Chief Justice five
thousand dollars" in lieu of five thousand
five hundred" The amendment was agreed to.
Hayne moved that section l be stricken
out. The motion was not agreed to.
On motion OF Rainey the vote whereby
the Senate amended section 1, by striking out
the words five hundred was recolsdered
Mr.. Jlllson Withdrew the motion to strike
out the words ''iye hundred" from the third
lima of section /.
MIR. Leslie moved to amend section /. in the
third line, by striking out the word live" be.
fore the word Thousand" and inserting in
lieu thereof the word -four" so as 10 read,
'.Chief Justice four thousand five hundred dol
lars"
On division, the Senate voted yeas IL, nays,
8; so the amendment was agreed to.
MIR. Corbn moved to further amend section
1, in the fourth line, by striking out tho words
five thousand" and inserting in lieu thereon
the words -four thousand three hnndr>d 30
as TO read, Associate Justices each four tnou-
sand three hundred"
MIR. Leslie moved to amend the amen iment
OF the souator from Charleston by striking ont
the words "three hundred"
The question was then taken on agreeing 10
the amendment to the amendment and decided