The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-03-26
THE COOSAW CASE.


attracting a good deal Of attention, ana
is OF considerable interest to the people
of the State. SO many letters, propo-
sitions, injunctions and orders have
been written, obtained and passed since
the 2nd day of March, when the phos-
phate commission went upon the wa
ters Of Coosaw and took formal posses
sion Of the phosphate territory III the
name Of the State, that the average
reader is liable TO get little mixed IN
trying to figure ont the exact status OF
the case. That we know is our expert
ence. 1t might be well and of interest
to make brief resume Of the history OF
the phosphate legislation in South
Carolina.
Prior to 1870, although it was known
there was phosphate deposit of consid-
erable value in the beds of certain
rivers OF the State, none had been
mined or placed on the market. In
March, 1870, an Act Of the Legislature
was passed granting to Geo. W. Will
liams and others the right to dig, mine
and remove, for the full term of twenty
one years, from the navigable streams
and waters within the jurisdiction of
South Carolina, the phosphate rock
and phosphate deposits on condition
that the grantees pay to the State one
dollar for every ton so mined. The
said grantees were to enter into bond
to make true return and to pay the
royalty on the first of October. Some
Of these grantees, by agreement with
the other grantees, mined in CoosaW
river opposite Chisolm's Island, to the
exclusion of the other grantees, and
were excluded by said agreement from
mining elsewhere. After the agree
ments were signed they formed a joint
stock company to be known as the
Coosaw Mining Company.
In 1875 some misunderstanding arose
as to whether royalty should be paid
on all rock mined and removed wheth-
er marketed or not. There was also a
difference of opinion as to when the
royalty should be paid.
In 1876, March IS, another Act was
was passed by the Legislature, the title
of which reads as follows: "An Act to
settle definitely the periods at which
returns shall be made of phosphate
rocks and phosphate deposits dug and
mined in the beds of the navigable
streams and waters Of the State of
South Carolina, and the royalty shall
be paid thereon; and also to fix the
terms on which this Act may be accept
ed by the parties therein named"
By this Act it was provided that re-
turns should be made to the Comp
troller General at the end of each
month of the amount of rock mined
and the payment Of the royalty should
be made at the end of each quarter.
After several "whereases" in which it
is set out that the Coosaw Mining Com
pany had already occupied Coosaw
River near Chisolm's Island and ex-
pendedlarge sums of money in estab-
fishing their plant, Section 8 provides
"in consideration thereof: THAT the
said Coosaw Mining Company, on ac-
cepting the terms of this Act within
ten days from the passage thereof, shall
thenceforth have the exclusive right to
occupy and dig, mine and remove phos-
phate rock and phosphate deposits
from all that part of the said Coosaw
river above mentioned, so long as, and
no longer, than they shall make true
and faithful returns Of the number OF
tons thereof they shall dig, mine and
remove and ship or otherwise send to
market and punctually pay the royalty
thereon, as provided in the first section
of this Act" The royalty was fixed at
one dollar ton.
The Coosaw Mining Company ac-
cepted the terms of the above Act and
complied with the conditions therein
contained and continued mining until
the 1st of March of this year.
The last Legislature passed another
Act HTo create q Board of Phosphate
Commissioners defining its purposes
and duties.n The Act contains Is Sec
tions and defines the powers and duties
of the commission. Section 10 has di-
rect reference to the Coosaw Mining
Company. 1t provides ''That the said
Board of Phosphate Commissioners are
hereby authorized and directed, after
the first day Of March, 1891. to take
possession and control of the Coosaw
River phosphate territory, heretofore
occupied by the Coosaw Mining Com
pany, and to issue licenses to mine
therein and remove phosphate rock and
phosphate deposits therefrom in like
manner as is now provided by law for
the other navigable streams and waters
CT the State; Provided, that such par
ties so licensed or authorized shall be
deemed the agents of the State, and
each ton of phosphate rock or phos-
phatic deposits, the product of such
mining operations, shall be deemed
the property of the State until the said
parties shall have paid thereon roy
atty to be fixed by said commission not
to exceed two dollars per ton on each
ton of phosphate rock or phosphate
deposits dug mined and removed; pro-
vided, six months notice shall be given
before raising royalty above one dollar"
In accordance with the provisions OF
this Act the commission took formal
possession of the Coosaw territory on