The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-03-05

oL@CAohS OIL V10U q pPS@1o w Liz ~ NC
necessary to enable the Phosphate To-
spector to discharge his duties eff
GENTLY.
I take the liberty of submitting to
the consideration of the board the fol-
lowing matters arising out of my exam
ination Of the Statutes that refer to the
phosphate royalty. He continues as
follows, in brief:
First. With the single exception of
the power to suspend the phosphate
license in given case. The Statutes as
such do not empower the board to en-
force these rules and regulations by
any fines or penalties.
Second. This recommends that the
rules be made part of the license con-
tract on condition of the granting of
the license. IT would biud the licenses
as if they were acting under a system
Of ofstatutory fines and penalties.
Third. The number of Statutes refer
ring to phosphate royalty which have
been enacted since 1870 is large, ap-
pearing under different titles in differ
ent volumes, and all of them, with the
exception of the Act Of 1890, have been
more or less modified and parts re-
pealed. 1t is recommended that a bill
be prepared for passage at the next
session, repeating all preceding Phos-
phate Statutes, and combining the law
necessary, comforting upon the Phos-
phate Commission the power to estab-
lish rules which can be enforced by
fines and forfeitures.
Fourth. He called attention to rule
five Of the proposed rules. The blank
bond appended to this report limits the
penal sum to $4,000, and makes the
first quarter commence on the 1st OF
January. He referred to the lack of
any reference to this in the General
Statutes. He recommends the mini
mum penal sum be $1,000 and the max
imum $4,000.
THE RULES AND REGULATIONS.
Below is given brief synopses of the
fifteen rules and regulations submitted
by Phosphate Inspector Jones. They
shall be observed and complied with
by the board to mine phosphates.
They are to take effect from and after
the second of March, 1891:
Rule forbids all persons, corpora
tions and companies or firms holding
licenses to mine rocks in the navigabIe
streams and marshes Of the State to
sublet said licenses, under the penalty
of suspensions Of the licenses.
Rule refuses licenses to persons or
companies now engaged in mining or
intending to engage inthe, mining of
land rock.
Rule 8 requires the companies apply
ing for Licenses to designatethe streams,
or portion thereof, in which they pro-
pose to mine, and forbids their chang
ing their location without a permit
from the Board of Inspectors.
Rule 4 forbids the companies hold
ing licenses, to traffic or barter in phos-
phate rock other than that mined by
themselves, while holdingsuch licenses,
under forfeiture Of two dollars per ton
for all rock bought and sold and bar
tered in violation of this rule, without
the permission OF the Phosphate In
spector.
Rule S. The phosphate royalty re-
quired shall be paid every quarter, dat
ing from the first day Of January, 1891;
provided, that when the royalty un-
paid shall amount to four-fflhs of the
sum secured by bond, it must be paid
at once. The penalty will be the sus-
pension Of the business.
Rule 6. Each fiat engaged in run
ming or conveying phosphate rock shall
be conspicuously marked and num-
bered. This also applies to dredges and
lighters. The penalty for violation shall
be as follows: Each dredge, 500; each
lighter, $50; each fat, 500.
Rule I. Each captain of drsdge,
lighter or flat must be furnished with
certificate Of employment, giving
details concerning the company. This
certificate must bear the countersigned
signature of the phosphate inspector.
Rule s. All companies must make
monthly reports of the number Of
dredges, etc., used by them in running,
giving the captains, etc. These reports
must be submitted the first week of
each month.
Rule 9. The captain of these dredges
must furnish the Inspector any infor-
nation when he asks it.
Rule 10. Companies are forbidden to
use other dredges, etc., than their own,
under penalties as follows: Dredges
500, lighters $50, flats $40.
Rule Il. Companies cannot mine
within 100 yards of where another is
mining. The Inspector can decide all
these disputes, though an appeal may
be taken to the commission in five days.
Two dollars per ton is the penalty for
violation of this rule.
Rule -. All companies must employ
a weigher to weigh the rock before it is
sent to the market. This weigher shall
enter up in book all weights, the
books being open at all times to the In
spector. All returns of rock shipped
must be accompanied by his sworn GER
tifcate. The penalty for violation of
this rule is suspension of license.
Rule 13. Companies cannot load ves-
sells for foreign or coastwise shipment,
unti1 they have informed tho Tpeooo-