The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-03-19
CoOSAW OFFERS \ COMPROMISE.
i Proposition Looking to the Resumption
of Work by the Coosaw Company.

20 COOS:lW Mining company lllaI IL Ht'9
been found necessary, III order TO pro-
tect their rights. to make any applica-
tiun to the courts, and that some ac-
ccrunolation could not have been
reached by which litigation would
have been avoided. They have always
desired to live Is law-abiding citizens,
conducting their affairs on business
PRINCIPLES, and avoiding all compllca-
ton and litigation. Bat 10 altcrna-
tive WAS left them, and in taking this
course they have on.y exercised the
privilege guaranteed TO every citlZeh
of having the rights which they
claim TO possess passed upon py the
courts Of the country.
How long the litigation will contin-
ue, it is of course impossible TO say.
But the Coosaw company is deslrous oi
having il so constructed rs to AVOID
any unnecessary delay and expense,
and reach q final conclusion on the
merits with all due speed, to act IN
this spirit, and to facilitate such re-
suit. 49,,
While, however, the matter IS thus
pending, there arises practlcal anu
business question, upon which 1t may
not be improper for me to address YOU
When the act Of the general assembly
of 1880 went into effect on March l,
1891, out of respect to the action OF the
general assembly, the Coosaw compa'
ny suspended operations for the time
being, although they were advised tha'
such legislation could not affect them
ip the exercise of their previously &C
uuired contract rights. But they oe
sired 70 conflict with the authorities
which, rs they learn, would then nave
been brought about had they theh con
tinued minlng. -,
They did not, however, waive IN the
least by such stoppage any rights u
which they believed themselves entt
tied, nor do they now deem 1t proper
here to discuss the right to resume
such operations under the order OF the
court. But they beg to say that tneS
still earnestly desire so to arrange Will
YOUR honorable board that peuulnS the
LITIGATION they may continue their op
eraIions in strict compliance with al
the laws Of the State and under The
supervision Of the board.
They are advised, by mutual gen
sent, and without reference TO any
| order of the court already made, tina
such an arrangement can be entered
| into without prejudice 70 the existing
rights of any party, and by which th'
! operations OF the company sinai! con
! tinue under the supervision or tn'
! board, and thus both the loss OF roy
altv TO The State and damage to tn
! company can be avoided.
Tie Interest Of the State and tn'
! Coosaw company are SO closely inter
woven that il is impossible TO eHec
one without the other. we 40 no
desire TO injure or embarrass the State
and OF course do not want t. lnJur
ourselves. Any prolonged suspensloi
Of operations will Of course cause Sc
! rious damage, both to the State ant
company. Such damage is not onIy
loss of present revenue, but the break
! inc I'D of I'LL established business, O
value both to the company and tA'
State, and which, if interrupted TO-
any length Of time, 1t will be olll
| cult, if not impossible, to regain.
The only persons to be oefenLe:
would be our competitors in the busl
| ness of phosphate mining, to whom ou
| being out CT TIE market, means freedom
to that extent from competition.
I feel that l am addressing business
men, and that my motives and tn
motives Of the company in SO doins
| will not be misconstrued; and Will
this feeling, l beg to call these matter:
to YOUR attention, and to say that tn'
Coosaw Mining company are READY
and will be glad to enter into such al
arrangement, by which, pending I'M:
| litigation and without prejudice 10 th'
rights of any party, they can contlhu'
! their operations, under the proper su
| pervision and direction OF the BoarC
Of Phosphate commissioners.
am yours very truly,
ROBERT ADGER,
Chief Manager Of the Coosaw Mining
Company.
THE PHOSPHATE COMMISSION DE-
CLINEs THE OFFER.
COLUMBIA, S. c., March Is, 1881
Mr.. Robert Adger, chief manager O.
the Coosaw Mining company, Charles
ton, 5. Z. ,o.,
DEAR SIR: Your letter OF the l3tt
inst, proposing that "pending the lltl
CATION, the Coosaw Mining company
may continue their operations IN MIN
ing rock in Coosaw river" has tnls DAY
been submitted to the board OF phos-
phate commissioners, and by direction
Of SAID board am authorized to make
this reply.
Under authority and by direction OF
the act of the general assembly, we
have taken possession OF that portion
Of C0osaW river hitherto leased TO your
COMPANY, and have issued three IL
ceuses. viz: To the Carolina Mining
company, and to the Beaufort Phos'
phate company, to mine therein.
Recognizing the mutuailty OF lnte-
rests between the state and the Coosa"
Mining company, we are ready ana
anxious to have YOUR company resume
work. and will grant you license upon
compliance with the requirements a.
to bend, or incorporating INTO such
license provision that would prevent
any prejudice to the claims set up by
YOU under the act OF 1876.
But we cannot DeIIIIIV I1iN NH0'" "
Mining company to resume WORK un,
less our licensees shall also be permitted
TO mine III the said river.
\ proper construction OF tne powers
of this board, under the act ofthe gene
raj assembly creating the same, we are
sure, will allow such restrictions as 10
how mining shall be conducted as Will
prevent damage to the States proper
y. e.,
The settlements By the courts OF the
questions ut issue between the state ana
the Coosaw Mining company ctn oe
greatly hastened il your attorneys
in,erpose no delays, and therefore no
great harm can result to your company
if the court of last resort shall Geclde III
YOUR favur. and the resumption or WORK
under these conditions would appear
the best for ail concerned.
Respectfully,
3. r. TILLMAN.
Governor, and Chairman OF the
Board OF Phosphate Commissioners.
CoOsAW WILL FIGHT IT 0UT.
Special 10 The state. -,
CnAHLnsroN,, :. G., March l!.-Ine
uIti,natuni of the phosphate con!nIs-