The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1886-05-07

Mr.. Shell said the resolution was siT ply an
inquiry growing oft Of the fact that two large
private corporations had been involved in an
intermiuable suit, and that the expenses Of the
suit are being carried on at the expense of tho
State. 1t has been stated that large sums have
been paid to attorneys. one of whom is the at
torney of the Coosaw Company, who is preten-
ding to represent the State. lie called upon
Colonel Butler to rise and explain AS to the
matters induired Of
Mr.. Dargau said that what the convention
wanted to know was why the conduct Of this
suit was not committed to the Attorney General,
rs the law officer of the State.
Colonel Butler replied that it was because he
was the attorney for the Coosaw Mining Com
pany, and in view Of that fact it was deemed
advisable to employ another attorney.
AT a latter stage in the proceedings Mr.. Ran
som, the Chief Clerk of the Department, was
requested by the committee to make detailed
statement, which he did, showing tha, in 1881
the Board Of Agriculture, Governor johnson
Hagood, chsirmau, adopted the following reso-
luton for the purpose of investigating the mat
ter:
"Resolpei, That the Commissioner be author
lied and required TO employ counsel to ascer-
tain the rights of the State in the phosphates in
Fisherman or Palmer Creek, South Wimbee and
Morgan Island and the marshes thereof, and
| upon ascertaining that trespasses being COM
| mitted upon the same, or upon other portions
oftthc domain of the State, that he have forth.
with legal proceedings instituted against the
| trespassers."
Acting under this resolution, A. T. Smythc,
| Esq, retained counsel to ascertain the
| rights of the State and 10 take measures to
protect them.
| The attention of the General. Assembly was
called earnestly to the expensive nature and
character of the suits that had been instituted.
No direct action was taken on the recommends:
L ~ e
preparation bill for that year contained the fol-
| lowing clause
| "The attorney General is authorized and re-
| quired to conduct oil litigation VIII ich may be
necessary for any of the departments of the
| State government or any of the boards con-
nected Herewith; and all such departments or
boards are hereby forbidden to employ any
counsel for any purpose, except through the
Attorney General and upon his advice: Pro
vided That this provision shall not apply to
suits pending prior to December 23d, 1892
| AS the suits for trespass had been Instituted
prior TO that date, and as this fact had been re-
| ported to the General Assembly in 1882 and
been alluded to again in 1883, they were clearly
included amongst the cases excepted in the Sec
tion given above.
| The cases have now been argued before the
| Court of Common Pleas aud the Supreme
| Court, and have resulted in the establishment t
of the ownership by the State of substantially v
| the territory claimed. The amount of dam
ages to be paid to the State has not yet been
| settled by the Court.
To assist him in meeting the eminent array
of counsel retained by the defendants in the
! suits, Mr.. Smythe was authorized to obtain the
| services of Mr.. W.. Verdier, of Beaufort
| (where the suits were brought), and Mr.. A. NJ.
Lee.
The entire cost of the phosphate litigation,
extending from 1881 TO November, 1885, which
has been described above, has been S7,SlS.42,
divided as follows: