The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1890-08-20
The Phosphate Litigation.

The Phosphate Litigation.
To the Editor of The News and Courier:
Many illusions have recently been made to
the phosphate cases conducted under the
direction of the board Of agriculture, and
the whole matter seems to be very much
misunderstood by the people generally.
Having been secretary of the board for
nearly ten years, and in that way having
become familiar with the history of this lit
igation, may be pardoned for saying few
words in explanation Of it, although have
not been for some time, and am not now,
connected with the department OF asricul-
ture, and am not an aspirant for any Office
I shall only recall few of the prominent
facts, and these have frequently been pub
Ilished in the departments reports. They
will be sufficient to fully justify the action
of the board of agriculture.
The Democratic Legislature in 1878 Oh
dered the Comptroller General to make 4
survey of the phosphate territory and re-
port. This was done by the Hon. johnson
Haeood, then Comptroller General. He
reported to the Legislature in 1879, amongst
other things, that tract of some 5000 acres
of phosphate marsh land, claimed by VIM.
B. Davis and c. G. PincFney. Jr., and
known as the Morgan Island marsh, and
certain creeks on Chisholn's Island, mined
and claimed by the Pacific Guano Compa-
ny, were, in his opinion, the property OF
the State.
At the session of 1879 the Legislature
transferred the control Of the phosphate
territory to the department Of agriculture,
and imposed upon it the duty and response
bilty of protecting the interests OF the
State. The department realized this duty
and called upon the Attorney General to
institute legal proceedings IN reference to
the property SO reported upon by Gen. Ha-
good
The board found, however, that there was
nc law authorizing them to call on the At
torney General for such services. They had,
therefore, the alternative either to neglect
their duty aud let the interests OF the state
suffer, or else employ counsel to conduct the
litigation.
They adopted the latter course in the year
1881, and employed Augustine L. Smythe
and A. NJ. Lee, of Charleston, and W: D.
Yerdier, of Beaufort, to enforce the claims
of the State. The litigation divided itself
into three cases:
First: The suit against the Pacific Guano
COMPANY, to establish the States title to the
beds of the creeks running through CHS
holm's Island and to recover damage tor rock
taken. The company employed as their
LAWYERS their regular solicitor, the hon:
Charles Richardson Miles, and associated
with him Slessrs. Simonton Barker and
Robert Chisholm, of Charleston, Elliott "
Howe. of Beaufort and Horace b. Sargent
of Boston. ,o,
This suit was commenced in 1881 and
continued until 1885, 1t went three times
to the Supreme Court of the State. 1T was
tried four times in the Circuit Court. 1t re-
suited in establishing the States title to the
creeks in question.
Just before the final hearing on the sub
iect of damages the Pacific Guano Company,
which was supposed to be abundantiy SOL
vent, failed and made an assignment OF ali
its propertv to parties in Boston. The State
Immediately attached and the Issue arose
between the assignment OF the company
and the attachment Of the State. number
of other creditors followed the example OF
the State and attached also. In order to
settle the conflicting rights it was necessary
to institute proceedings IN equity and have
receiver appointed. These proceedings
we're commenced in the State Court, but on
motion of the Pacific Guano Company, after
a fierce contest, We're removed into the
limited States Court. The chances ofrecov-
erino anv money by any of the creditors
were very doubtful But the case was so
we'll handled for the State that the asslgnees
of the company finally agreed to compro-
mise on favorable terms. This was accept
ed not only by the State, Drt, am inform
ed bv other creditors who had attachments
aooinst the company All these claims were
compromised.
The net result of the eight years litigation
was the establishment Of the title of the
State to the phosphate creeks, and the net
collection of S3l, ,39G.79, after paying all eN-
penses of litigation IN all the cases. These
creeks are now being mined, am told, Tor
the States benefit, and the State Is IN receipt
of q constant income therefrom.
Second. The suits for the Morgan Island
marshes. These were two in number, one
against VIM. B. Davis and another against
C. c.. .Pinckney, Jr The defendants were
represented by Messrs. Elliott Il Howe, of
Beaufort, and Hayne y Ficken, of Charles
ton. The suits involved the title to the
marsh with its deposits. There had been
very little mining done in them by Pinck-
new and none at all by Davis, and, there
fore, the claim for money damages was en-
tirely nominal against Pinckney and none
against Davis. These cases commenced ID
1881, both went to the Supreme Court Of the
United States, where they We're finally dis
posed of in 1889. The result was q COM
plete victory to the State, whose title to over
5000 acres of marsh land, worth over S50,-
600, was finally established, and this Is now
the property of the State. The damages
recovered were SOP, enough to pay costs.
But the land is virgin and unmined and of
great value.
After these suits had been commenced
and We're in progress it was made the duty
of the Attorney General to advise the de-
partmelt At that time the Hon. Charles
Richardson Miles Tiled the office auL coli
tinual to do so until 1856. On assuming
the duties of Attorney General sir. Miles,
of course, withdrew from the s:lit, but rs he
had for years been the regular solicitor of
the Pacific Guano Company, as well rs one
of the directors he could not take charge OF
the States case against the company. 1t
would, in any event, have been most detri-
mental to the interests of the State to change
LAWYERS while the fight was going on. The
Legislature took this view of the matter by
excepting these cases from the operation of
the Act making it the duty Of the Attorney
General to advise the department.
These cases have done more than the mere
results above stated. They have established
a principle Of the greatest importancet to the
State in the phosphate region, to wit: That
the ordinary grant of the State rnils only to
high water mark and not to low water.
These are the simple facts connected with
this matter, and they presenta record which
should win the appreciation OF every citizen
Of the State.
1t should be remembered in this connec-
ton that whatever Of credit there is in the
cases belongs exclusively to the board of
agriculture and not to the commissioner, rs
it was the board who Instituted the suits and
pressed them to 4 successful conclusion.
The commissioner was simply their eXecu-
tive officer to carry out their Instructions
and no one is more willing to concede hon
or to whom honor is due than Col. Butler !