The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1892-04-13
CACHINNATIoN OVER COosAw.
1t Is Now Proposed to Make the Company
Pay for all the Losses UnnecessarIly
incurred by the State.
Especial to News and Courier. I


House officials are quite jubilant over
the victory in the Coosaw case. Gov
ernor Tillman has called meeting of
the board of phosphate commissioners
for next Monday to consider the amount
Of damages for which the Coosaw Com
pany is to be sued by the State. People
generally had supposed that the Coo
saw case was at last at an end, but not
so: the State will go into the Courts to
claim damages for the loss in royalty
and interests by the Coosaw territory
not being thrown open to the State.
It will be remembered that the Coo
saw Company has given the State two
bonds Of $4,000 each. One is under
the Act of 1876, which requires the
faithful discharge of the contract, and
the second is for an equivalent amount
and was filed when the Injunction was
granted to discharge any damages
which might come to the State while
the territory was under Injunction.
The amount of the bond is for $50 900,
but makes the company, so it is said,
liable for all damages while the Coo
saw territory is under Injunction.
The State proposes to make claim
for about s125,O00 to s150,00O. Speeches,
newspaper articles and committee re-
ports, it is alleged, will be utilized in
the case. If the Coosaw Company is
to pay damages it will have to do 80
along considerable line. Besides the
bonds extant to the State the Carolina
Phosphate Company, (the Brother
hood Company and the Farmers Fer
tilizer Company (the Gregg Company,
hold bond, it is stated, of $4,000, to
secure them against damages while the
injunction against these companies
was in force.
The counsel of the Coosaw Company
have been notified that az application
for final dissolution of the injunction
will be asked for on next Friday.
At the meeting of the phosphate
commissioners in Beaufort on March 2,
1891, rights to mine in the Coosaw ter
ritory were granted to the Carolina
Phosphate Company, the Beaufort
Phosphate Company and the Farmers
Fertilizer Company. These rights will
probably be renewed at the meeting on
Monday. AS the Courts issued the in
functions it is not thought by the Coo
saw people that any trouble will result
out of the new cases. In the mean
while the State officials are chucklirg
and claim that every cent of themoney
lost by the State in the non-payment
Of royalties will be realized under the
bonds of the Coosaw Company.
Messrs. Mitchell & Smith and At
torney General McLaurin will take
charge of the case in behalf of the
State.
GROWING OVER CocSAW.
Editorial iD News and Courier
It is said that "the State House Off
cials "are quite jubilant over the vic
tory in the "Coosaw case," and that it
is the intention of the State to 'make
claim for "about $3.50, 900 to S15}, 600"
damages alleged to have been sustained
by the State in the fight against the
"Coosaw cuttle-fsh." It is further
said that at the meeting of the board of
phosphate commissioners on Monday
next, steps will be taken to make the
bonds Of the Coosaw Company good for
the losses which the State has sustained
by the falling off in its royalties. at
is true" says the Columbia Register,
"that Coosaw's indemnity bond is only
for $4,000, but this will not hinder
the State from bringing suit for 2
greater amount Of it be conceived
that ''the damage be greater"
But before accepting the statements,
of the Governors organs and clacquers,
it might be as we'll to examine the
records. They show that the Coosaw
Company has never given the State any
bond to indemnify it against any l"sses
that might be sustained by reason of
the litigation in the case. In March,
1891, the Ceosaw gave the State bond
in the sum Of $4,000, tho cordition
being that it would make to toe Comp
troller General "true and faithful re-
"turns of the number of tons of phos-
"phate rocks and phosphate deposits
"they have dug, mined and removed
"and shipped, or otherwise sent to
"market at the end of every month,
"and shall punctually pay to the State
"Treasurer the royalty provided BY law
'to be paid thereon-that is to say. one
"dollar for each ton thereof-at the end
of every quarter Of the three MONTHS"
etc, etc. This bond has been renewed
by the Coosaw Company every year,
ard it is the only bond that the Com
pany has ever given the State. Under
its conditions the State can only re-
quire the Company to make true and
faithful returns of the plumber of tons
of rock mined by it and top pay the roy
atty to the State. But as the Company
has not been permitted by the State to
mine any rock the State can have 10
claim against it under this bond.
When the Coosaw litigation began
the Coosaw Company entered into two
bonds in the sum of $4,000 each to
make good any damages that might be
sustained by the Carolina Mining Com
pany and the Farmers Phosphate
Company and B. R. Tillman and
f&l