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

sion of the phosphate territory III Uhe
name OF the State, that the average
reader is liable to get a little mixed in
trying to figure out the exact status OF
the case. That we know is our expert
ence. It might be well and OF interest
10 make a brief resume of the history OF
the phosphate legislation IN oou'n
Carolina.
Prior to 1870, although it was known
there was phosphate deposit OF conslo-
cradle 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. Inc
said grantees were to enter into oono
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 Coosa"
river opposite Chisolm's Island, to the
exclusion Of the other grantees, ana
were excluded by said agreement from
mining elsewhere. After the agree
ments were signed they formed 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: IAN Act to
settle definitely the periods at which
returns shall be made Of phosphate
rocks and phosphate deposits dug ana
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 II
is set out that the Coosaw Mining Com
pany had already occupied CoosaW
River near Chisoln,'s Island and ex'
pended large sums of money in estao'
fishing their plant, Section 3 provides
''in consideration thereof: THAT the
said Coosaw Mining Company, on &C
ceptirg the terms of this Act Wlthln
ten days from the passage thereof, shall
thenceforth have the exclusive right tc
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, ano
no longer, than they shall make true
and faithful returns of the number 0.
tons thereof they shall dig, mine anc
remove and ship or otherwise send tc
market and punctually pay the royalty
| thereon, as provided in the first sector
| of this Act" The royalty was fixed al
one dollar ton.
The Coosaw Mining Company ac'
cepted the terms of the above Act anC
complied with the conditions therein
contained and continued mining unit
the lst of March of this year.
The last Legislature passed another
Act ITO create Board of Phosphate
Commissioners defining its purpose:
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 sale
Board of Phosphate Commissioners are
hereby authorized and directed, afte]
the first day Of March, 1891, to take
possession and control Of the CoosaN
River phosphate territory, heretofore
occupied by the Coosaw Mining Com
pany, and 10 issue licenses to mine
therein and remove phosphate rock anc
phosphate deposits therefrom in like
! manner as is now provided by law 1ol
! fne,other navigable streams and water;
| of the State Provided, that such par
ties so licensed or authorized shall be
deemed the agents Of the State, anc
each ton Of phosphate rock or phos
phatic deposits, the product OF sucf
mining operations, shall be deemed
! the property Of the State until the sale
parties shall have paid thereon roy
atty to be fixed by said commission moi
! 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
the 2nd March. The Coosaw people
Immediately secursl an injunction
from the United States Court. Then
correspondence ensued looking to q
compromise, but failed toeffectit. The
latest move is the appointment of
receiver for the Coosaw territory by
; the State Court on motion of the com
70 In IllaC