The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-03-11
THE C00SAW WAR.
GEN. POPE'S CONTRIBUTION ON THE
SUBJECT.

Au Exhaustive Review of the Contest Be
tween the People and the Corporation
from the Origin OF the Latter Until the
Present Timo.
COLUMBIA, March 5.--.ls the CocSaW
company and the phosphate commits
sion are still prominently in print be
fore the State, Attorney General Pope
was called upon this morning and
asked if he had sufficient leisure TO give
an expression OF his views IN regard to
the recent events connected with the
Coosaw Mining Company.
II cannot say" replied Mr. Pope: that
I have time in the midst OF the legltl-
mate demands upon me as Attorney
General, still | am not unwilling to
state my impressions Of the recent
events that you refer to. The agitation
as to this monopoly Of the State phoS-
phate territory near ChlSolm,s Island,
in the Coosaw River, by the CoosaW
| Mining Company. is not q new thing.
Nearly fourteen years ago our people
were startled to find the inroadS made
upon their rights of every kind, made
! by the Legislatures that had made laws
from 1868 to 1876 inclusive. so we llud
that on the 9th OF June, 1877, the Gen
eral Assembly. by joint resolution, re-
quested Attorney General James Con-
ner to investigate and report upon the
charters heretofore granted to the
phospha companies. 50 that the rights
Of the State might be defined and pro-
tected. In December, 1877, General
Conner made his report. 1t was II his
best style; clear, logical, convincing.
Right here it would be well to remem-
ber the love the people bore the splen-
did LAWYER and the wonderful conll-
dence they felt in any work OF his
hands.
in this report he stated that the
Coosaw Mining Company was joint
stock company that had no charter
from the State, but enjoyed certain
portion of the States phosphate teri
torv as the lessee or assignee OF the
River and Marine Phosphate Compa-
nv, which latter had received grant
from the State therefor Oh 1St March,
1870, fer tWenty-one years; he also
stated that this Coosaw Mining Com
panv after having mined nearly six
wears received additional privileges
under an Act OF the General Assembly
approved 2Sth March, 1876, but General
Conner stated that after lst March,
1891, this Coosaw Mining Company
would have no power over such phoS-
phate territory, and the State has ac-
ouiesced in his judgment ever since
that time. Gen. Conner, with almost
prophetic eye, saw and foretold the
trouble this company might give the
people of this Commonwealth by rea-
son of certain words in the third sec
ton of the Act Of 2Sih March, 1876.
Il suppose it would be hardly fair to
enter into any extended reference to
the objections Gen. Conner urged
against the construction certain friends
Of the Coosaw Mining Company even
now urge in their defence as to the con-
struction of the Act of March, 1876.
One was that the section referred to
was clearly unconstitutional because
the power GAINED under the words
there used was II direct violation or
that section of our state CONSTITUTION
that requires every Act to relate 10 one
subject. and that subject to be expressed
in its title. Another objection was
that the canons of construction require
that all statutes bearing on the same
subject matter shall be so construed as
to give effect to each, unless the earlier
were plainly and manifestly repealed
bv the last, directly or by implication,
and that inasmuch as this CooSaW
Mining Company was by the terms OF
the Act of 1870 limited to an enjoy
ment of its mining privileges tor tweu-
ty-one years, and as the ACT or lS.o, IN
question, die not repeal this provision
directly or by necessary implication, u
was bound to abandon its use Of this
territory after March /, 1891, unless the
State should renew its power.
"Our people. and all free. liberty-lov-
inc people, hate monopolies. They
perceive instinctively the danger to
their rights lurking in the wake OF
such creations. Hence at the last Cen
eral Assembly this question was con-
sidered and an Act was passed creating
a board of phosphate commissioners
and by the terms OF that AT sucA COM
missioners were directed to take pos
session and control OF the phosphate
territory in the CoosaW River lately
occupied by the Coosaw Mining Com
PAW, and to grant licenses to mine
therein, just as il the other navlgaole
streams OF the State
Then | understand you to maintain
that the State. having accepted the re-
port of Gen. CoDner, in 1877, on this
Subject. limiting the CooSaw Mining
Company to March l, 1891, n its occu-
pancv of the Coosaw River, all that the
LEGISLATURE did under the Act creating
the phosphate commission was 70 put
that former construction Into proper
legislative expression?
"You understand me exactly, tor
that is precisely what | MAINTAIN
Now, therefore. when the phosphate
companies are criticised for their re-
fusal to recognize the Coosaw Mining
Company as having any rights IN the
territory Of the Ccosaw: River after the
LIST March, 1891, their reply IS that youl
criticism must not be directedrtt US
but at the Com mmonWa&lih OF South
Carolina, whose servants we are III al.
that We do. Hence | esteem sucn edl-
torials in the newspapers that cast re-
proach upon the phosphate commits,
sioners for executing ii" provisions .!
this Act IS unjust. Remember | hold
that, as officers, We are amenah!e tc
criticism for our acts when outside OF
the pale of the law. but being under 3
solemn oath to administer the law, II II
is harsh or unjust the law making pow
er is responsible. Bat do rot consider
the action Of the General Assem-
blv either harsh, unjust CT illegal. O-
the contrary, | maintain that Its lsslS
lation on this subject "as entire! !!
proper. I might have wished Httlt
larger discretion as to the powers o1
the commission, bat after all. even /;
this particular, sometimes the appear
ance of sternneSS is sa!ulary.
THE COosaW Mining Company anC