The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-23

uOIn1DR Oh LQ6 KIM.
Tillman went on to say that his
whole desire was to secure honest and
fair elections.
A LEGAL CONSTRUCTION.
Governor Sheppard hoped that his
colleague would not insist on his mo-
ton. The word "open" ment simply
that it should NIT be secret. That was
all that could badone.
A voice-How about Goff2 c:
Mr.. Sheppard He's been pretty
we'll regulated by the courts. He
erred, and his error was corrected.
Mr.. Parrott-What about the in
come tax decision2
I Mr.. Sheppard-What's that got to
do with this matter2
Mr.. Parrot Was it not charged
that the judges were bought up9
Governor Sheppard That's an opin-
ion that only originates in small and
mean minds. (Applause).
Mr.. w. B. Wilson spoke on Senator
Tillman's side. He thought the man
ayers gave all the protection wanted.
It was not necessary to be put in there
at all. This wos dangerous PROPOSE
ton.
Mr.. Johnstone said this dangerous
provision had been in the Constitution
for 80 years. Was it dangerous when
in '76 it enabled usto keep the negroes
from holding secret elections. They
say it can be put in the suffrage article.
Have they put it there2 No, for the
same reasons, no doubt, why they
don't want it here.
The roll was then demanded, and
Senator Tillman's motion to strike out
was killed, the vote being: Yeas, 5S;
nays, SO.
Mr.. Wilson wanted to strike out the
words land OPEN" It was the same
| matter in another form.
Mr.. Johnstone moved to table, say
ing "for Gods sake don't make this
mistake. They were all there to see
that the white people remained in con-
troll of the State" The motion to
table was lost by vote of 81 to 81 it
being a tie, having of course that
effect.
There was apparently some mistake
in the court; and a further count re-
suited as follows: Yeas, 64; nays, 56.
The question then came up squarely
on Mr.. Wilson's amendment to strike
out the words "and OPEN" The roll
was demanded and the vote resulted as
follows, the amendment failing: Yeas,
SO; nays, 60.
Sec. 16 was called up. The latter
portion was stricken out on motion of
Mr.. Mower and the section was adopt
ed as follows:
See. 16. In the government of this
State, the legislative, executive and
judicial powers of the government
shall be forever separate and distinct
from each other, and no person or per-
sons exercising the functions of one
of said departments shall assume or
discharge the duties of any other.
THE NEGRO QUESTION AGAIN.
Mr.. Bellinger moved to strike out
section IL. On division vote of 65 to
12 the section was stricken out. The
negro members wanted the roll call,
but could not get the requisite 10
members to second the call. The Sec
ton read as follows:
Sec. II. Neither slavery nor invol-
untary servitude, except as punish
ment for crime whereof the party
shall have been duly convicted, shall
exist in this State.
Section II and 10 were adopted with
out dissent, as follows:
Section is. Allcourts shall be public
and every person shall have speedy
remedy therein for wrongs sustained :.
Section 19. The right of the people
to be secure in their persons, houses,
papers and effects against unreason-
able searches and seizures shall not
be violated and no warrants shall issue
but upon probable cause supported by
oath or affirmation, and particularly
describing the place to be searched
and the person or thing to be seized.
ANOTHER LIVELY DEBATE.
Section 20 was taken up:
Section 20. No person shall be held
to answer for any crime where the
punishment exceeds fine of 800 or
Imprisonment for 80 days, unless on q
presentment or Indictment OF grand
jury of the county where the crime
shall have been committed, except in
cases arising in the land or naval
forces or in the naval militia, when in
actual service in time of war or public
danger; nor shall any person be sub.
iect for the same offense to be put
twice in jeopardy of life or liberty
nor shall be compelled in any GRIMM
al case to be a winess against himself; {;
nor be deprived of life, liberty or pro-
perty without due process OF law; nor
shall private property be taken for
public use without just compensation :.
Mr.. Stanyarne Wilson moved to
strike out the words ''where the pun
ishment exceeds fine of 800 or i'm
prisonment for 80 days" and insert in
lieu thereof ''before the court OF gen
eral sessions"
Mr.. Johnstone said this amendment
simply meant the initial movement in
the establishment of a system of coun-
| ty courts that would cost the State $7O, :
600. If this matter was carried through
the legislature could allow trials for
murder and arson by jury of six
men, without an Indictment by a
grand jury. There will be 70 new Of
Hcials and what is to be gained2 The
abolition of the right of trial by ajury
of IL men.
Mr.. Hutson moved to continue the
debate on section 20 until the judici-
ary article was taken up. This was
agreed to.
CHANGES OF VENUE.
Mr.. Bellinger offered an amendment