The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-01-23

penal sum of fifty thousand dollars, conditioned
that they shall make true and faithful returns
to the said State Auditor, annually, on or before
the first day of October, and oftener, if required
by the State Auditor, of the number Of tons oi
phosphate rock and phosphate deposits dug
mined and removed by them"
; 1t is further conditioned that the said gran
tees "shall punctually pay the State Treasurer
annually, on the first day of October, one dol
lar per ton for every ton of phosphate rock and
phosphate deposits by them dug mined and
removed during the year preceding"
AS the State had realized but q comparatively
Insignificant sum from this grant of her phos.
pilates, which are estimated by experts and
dealers in commercial fertilizers, to be worth
several millions of dollars, the General Assem-
bly, provided for the appointment of an Inspec-
tor of Phosphates, by an Act approved March
6, 1872.
Pursuant to the terms of that act, an Inspec'
tor of Phosphates was appointed by my distin-
guished predecessor, and confirmed by Che Sen
ate. The Inspector thus appointed is generally
considered as well qualified in every respect for
the position, and has achieved high reputa-
ton for skill in agricultural chemistry. He
entered upon his duties on or about the 10th day
of March, 1872, and since that time has closely
devoted himself to them.
He states in his report that "The Marine
and River Phosphate Mining and Manufactur-
ing Company refused to acknowledge the right
of the Legislature to pass laws supervisory OF
their mining operations. The officers of the
company acting under instructions, denied me
the exercise of authority delegated by the
Legislature for the protection of the most val
liable interests of the State"
He reports that he requested the cooperation
of the proper State authorities in the perform
ance of his duties to the State, but that they
expressed themselves as being content to re.
ceive from him the returns of the Marine and
River Phosphat Mining and Manufacturing
Company, as made out at the custom houses of
Charleston and Beaufort, and that in spite OF
the lack of their assistance, he FUSED every
effort to carry out the spirit of the law until
the action of the officers of the company be-
came so hostile that it was impossible to obtain
reliable information"
1t is manifest from the charter of the compa-
nv referred to, which demanded from the COM
pany bond, with the conditions above recited,
for the protection of the interests of the State,
that the grantees were placed under penal
obligation by the State to make true and faith
full returns Of the phosphate "dug, mined and
removed" by the company The imposition Of
such obligation establishes of itself the right
of the State to provide, through its own agents,
for a verifcation of those returns. Otherwise
the State might be made the silent spectator
and unresisting victim of a series of returns,
totally depriving her of large and much
needed income due her by law.
That the returns themselves were not to be
deemed conclusive evidence of the royalty due
is made manifest by the closing paragraph OF
the charter, which declares that "the books OF
said grantees and their associates shall be
opened to the inspection of the State Auditor,
or agent duly appointed by him for that pur-
pose."
Nor could the books themselves be held as
final and unquestionable proof of the fidelity
of the returns, as they would be the creatures
of the same party in interest, and the books
| exhibited and the returns forwarded could,
with facility, be made to accord, as the capaci-
ty and temptation to commit the one fraud pre-
supposes the will to perpetrate the other.
The General Assembly recognized the neces-
sity of such verifcation in the following pro-
vision of the "act to provide for the appoint
ment of an Inspector of Phosphates, and to
declare his duties"
Sec. 9. n "And to the end
that the said Inspector of Phosphates may be
enabled to verify the reports of the quantity OF
such rocks and deposits which have been or
may be dug mined, eXcavated and removed,
he shall at all times, have and be allowed, free
and uninterrupted access to all places where
such rock and deposits are dug, mined or exca-
vated, and to all warehouses, or open or en-
closed places, where such rock and deposits are
stored, and to all vessels, railroad cars, or con-
veyances in or by which such rock and deposits
are being removed"
1t is unfortunate that this act does not pro-
vide any penalty for resisting the Inspector in
the performance of the duty enjoined upon
him by the section thus quoted.
| /, therefore, recommend the enactment of q
law declaring that any person who shall know
ingly and wilfully resist the Inspector of
Phosphates in the discharge of his duties, or
shall prevent or attempt to prevent, the per-.
formance of the same, except by due course OF
law, shall be deemed guilty of misdemeanor,
and providing a suitable penalty for such
offcnse.
further recommend that all the Phosphate
Companies under charter from the State be
required by law to make to the Comptroller
General monthly RETURN duly sworn and at
tested, of the number of tons "of phosphate
rock and phosphate deposits by them dug,
mined and removed from the beds OF the nav
igable streams and waters of the State" This
monthly returned to be in lieu of their annual
return as now required.
These mysterious deposits of animal remains,
which chronicle period of time that was
probably ancient before man walked upon the
earth, came to us, as it were, great charity OF
nature, which, under the direction of bene-
ficient Providence, reveals her treasures in
timely response to human necessities
The total royalty received by the State from
the Phosphate Companies amounts as follows
Marine and River COMPANY
MA is7o........................ 80 anu 2,4s94o
1S7l......... l7,655.00
1S72.................................. sc, ,267.49
s5O,4ll.Ss
South Carolina
lS12........................ > ouu.Vu