The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-02-17

| temporarily enjoying the accommodations al
forded by them.
The punishmeuts for violations OF the bill are
/ recommended TO be lesSened, making the fine not
less than one hundred dollars nor more than one
thousand dollars. and the imprisonment for not
less than three months, nor more than one year,
or both, within the discretion OF the court.
AMuSEMENTs.
The committee recommend that section third,
which provides for the punishment OF any party
conducting theatre or other place OF amuse-
meut. who shall make q discrimination on ac-
count of color take effect on and after the lst OF
May next.
Section four (Which provides for the punisl-
mcnt of "whoever, not being the principal offender
under sections two and three of the act shall aid
or abet In or about the commission Of any OF the
offences therein mentioned,'D the committee as
sert sis supernuous, and should be stricken out
All accessories to 4 .nislemeanor are indlctaole
as principals, and the offences created by this bill
| are misdemeanors."
CHAPTERS.
Section sixth (which provides that every corpo'
| ration or party whatever, holding any charter Ut
license under the authority Of this State, VINO
shall violate any of the provisions OF TINS act,
| shall forfeit every such charter or license; ana
any party or parties who, having so forfeited
any such charter or license, shall nevertheless
presume to use or operate under or by virtue OF
the same, as we'll Us every person who Snail be
found aiding any such party or parties therea-
bout, shall, on conviction, be punished, &c.) the
committee think "should be stricken out as an
absurdty. In order to forfeit charter, 1t must
be made ctealy 10 appear that the terms of the
| charter have been violated in material ana SUBJ
stantial manner. The condition upon which
chartered privileges may be exercised are always
expressed in the charter and unless the right Is
expressly reserved by tile State, those conditions
cannot be changed; and this because the charter
is held to be contract in law. We may create
offences and punish citizens for committing
them. but the State nc more than individuals,
can violate its solemn contracts"
VIOLATION OF A POPULAR MAXIM.
Section seventh (Which provides that in every
trial for violating any provisions of this act when
1t shall be charged that any person has been re-
fused or denied admission to, or due accommoda-
tion in any Of the places in this act mentioned, on
account OF the race, color or previous condition
OF the applicant, and such applicant Is q coioFed
or black person, the burden shau be on TIE de-
Jendant party, or parties so having refused or
| denied such admission or accommodation, to
show that the same was not done In violation OF
this act,) the committee also recommend "should
| be stricken OUT" 1t Is direct violation OF Sec
tion l2, Article l. Of the constitution, which pro-
yides, among other things, that mo person shall
| be subject IN law to any other restraints
or disqna!ifcations, in regard to any per-
sonal rights, than such as arc laid upon
Others under like circumstances, anu also
in direct violation OF Section 90, same arti-
Gle, which, among other things declares "tliat
| distinction on account OF race or color, IN any
case ec'taterer, shall be proNts:ted." BY 4 care
full scrutiny OF this section, t will be seen that
broad distinction Is made between "colored or
black person" complaining of violation OF THIS
act, and person not "cOluTed or black" the bur-
den of proof shall be on che defendant, to show
that he is not guilty; but not so If he bc OF any
| other color This section :aso violates the some
| what popular maxim thEt has prevailed during
! the last six thousand years, that man should be
presumed to be innocent until found guilty. Un-
| der this section II IA colored or black person"
benpens to Jc the accuser, the defendant shall be
presumed to be guilty until found innocent
THE DRAG-SEr SECTION.
Section eieht (which provides that In every case
arising under the first section OF this act, anu not
provided for specifically in some succeeding Sec
l tjo- shall be ecuted and decided In accord
auce with the genecal provisions Of this act Is
recommended to be stricken out, as 1t sis sur er-
nuous and it's legal significance amounts to tn
ing"
In reducing the penalties imposed by this bill,
we have had in view ;ile shirty-eighth section OF
| which declares
that "eXccssive fines shall not be imposed, nor
cruel and unusual punishments Inflicted
The committee have also had in view the TACT
that laws in which enormous and excessive
penalties are announced for the o1ence charged
become dead letter on the statute books, from
the fact that jurics will not enforce them. Such
laws defeat themselves
The report did not seem to please the colorcu
senators. but they said nothing and It was Or
dercd for consideration tomorrow.
ruosPuATEs.
The report OF the Committee on interpretations
on bill to regulate the digging and mining OF
phosphate dcpos is from the navisable streams
and waters of the state OF South Carolina, was
| taken nm in the Senate today. The report recon-
mcndeti that parties desiring to dig should only
nav fluy dollars for license Corbin moved that
0yc hundred dollars be required; arguing that
that amount was required Of the company recent
" Incorporated, and all should be treated alike.
After considerable talking and Offering OF amend
mcnts section thirl was rccommitted to the
committee
| THE SINKING FUND BILL
Long before the session OF tho Senate this morn
inc Leslie was observed button .holeing the sena-
tors. CARRYING them one by one into corners and
talking to thesl conhdentillly. Every one knew
by this that Leslie was lobbying for bill, In
which he was Interested, bet what one, was the
question: which, OF twelve O'Clock was answered,
the president then announcing that the hour fer
the especial order' ''bill to provide for SINK
ing fund and the management CT the same" had
arrived.
This bill provides that the Governor, the Comp
troller.Ceneral and ;lie Attorncy-General OF the
State he constituted commissioners TO sell and con-
rexslor and on behalf OF the State, all such real
lr personal property belonging to the State as Is
not devoted to educational or charitable purposes
tssid sales to be made from time to time n such
manner and upon such terms as they may deem
most advantageous 10 the Statc) aud appropriate
tile proceeds to paying lhe present Indebtedness
OF the State, and the interest thereon, and such
further Indebtedness as may herea!". bc con-
| tracteG BY the State.