The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-03-26
THE COOSAW CASE.
The State Cannot Consent to the Resump-
ton OF Mining by the Coosaw Company
Unless the Lessees of the State Are
Permitted to Mine Also.
ESPECIAL to the News and Courier.

Especial to the News and Courler.l
COLUMBIA, March lS.-The pbos-
phate commission met to-day at Il H.;
present, all the members. Senator
Snythe came up to represent the Coo
saw Company. Mr.. II. a. NJ. Smith
and Mr.. F. Z. Brotherhood also came
up to-day and had hearing before the
board.
The correspondent Of the News and
Courier made proposition that be be
permitted to be present and take full
stenographic notes Of the proceedings,
which would also be the property OF
the commission. Governor Tiilman
announced this proposition, stating
that he personally had no objection.
Senator Smythe also did not object.
The objection was, however, made by
members of the board that other news
paper correspondents might ask the
same privilege, and that colored and
incorrect statements might 60 out to
the press.
Senator Smythe said that he had no
objection to the presence before the
commission of H. 4. NJ. Smith and Mr..
Brotherhood.
The commission has so far given out
all Of its proceedings to the press, and
the rule was not broken to-day. Attor-
ney General Pope either reads the
minutes of the meeting to the report
ers or makes an abstract of the same.
The special business of the commits
sion today was to consider the reply
of Mr.. Robert Adger to the last letter
from the commission and also to hear
Senator Smythe. The following is the
letter of Mr.. Adger:
OFFICE OF THE CooSAW MINING Co.,
Charleston, S. c., March II, 1881.
Hon. B. R. Tillman, Governor and
Chairman Board of Phosphate Com
missioners, Columbia, S. G..
Dear Sir-Your favor of the 10Th in
!stant, stating that the board were not
willing to arrange with the Coosaw
Mining Company to resume operations
under your supervision unless other
companies were allowed to mine in the
t,rritory claimed by US, is received this
. morning.
I regret that we cannot consent to
the conditions imposed by the board.
The proposition of the Coosaw Com
pany was made in good faith as q busi-
ness offer, but to be entered into with
out prejudice to the rights Of any
party.
The issue in the case is whether the
Coosaw Company has the continuing
right to exclusively occupy the terri
tory III Coosaw River. This right we
are seeking to enforce in the courts. TO
consent, pending the litigation, to
waive this right, and allow that to be
done which we are asking to forbid,
will, as am advised, practically put
Us out of court.
Another practical reason also governs
our action.
You must bear in mind that the
million and a,quarter of dollars royalty
which we have paid the State repre-
sents that many tons of phosphate rock
removed from Coosaw River, more
than the entire amount taken from all
the rest Of the States territory. This
has, Of course, seriously diminished
the original deposit.
With careful management and pur-
suing the system we have always fol-
lowed We hope that there is enough left
to supply rs our average production
for limited time to come. But If other
companies are allowed to Mine in it
under general rights licenses the result
in short time will be TO ruin the re-
manning deposit.
The damage to US would be irrepara-
ble, and we are sincere IN saying that
if such licenses are permitted to mine
until the end of the litigation, expedite
as we may, we would not care to ex-
pend the amount necessary to conduct
the suit to obtain e decree securing US
the exclusive right we claim.
AS proof of our sincerity in this
opiniop~we offered the board, before
anNaction was taken by them in this
matter, the use of complete mining
plant with which to make such i sur
vey and examination Of our territory,
under their uncontrolled supervision,
as they might desire.
We are sincerely desirous Of making
some arrangement with the board. 1t
appears to US from your letter that this
could be effected, but for the licensees
referred to therein. We fail to see why
their interest should be the cause Of
preventing satisfactory adjustment
by which, pending the litigation, loss,
both to the State and the Coosaw Com
pany, could be avoided.
am yours very truly,
ROBERT ADGER,
Chief Manager of the Coosaw Mining
Company.
Mr.. Smythe was then heard, and
afterwards Mr.. H. a. NJ. Smith and
Mr.. Brotherhood appeared before the
commission. At nearly 3 o'clock the
commission took a recess until later in
the afternoon, the impression left on
the press being that the negotiations
had been broken off.
The rock on which the negotiations
were wrecked appears to be that the
Legislature instructs the commission
to perform specific duty, i. e., to open