The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-23
from the legislative records, which
were entirely convincing.


assembly from enacting special pro
visions in general laws"
These amendments were then con
sidered and adopted in the following
shape, as subdivision 10:
12. The general assembly shal
forthwith enact general laws concern
ing said subjects for said purposes
which shall be uniform in their oper
ations. Provided, that nothing con
tanned in this section shall prohibit tht
general assembly from enacting spec
ial provisions in general laws:
Mr.. Stokes moved to amend the sec
ton by striking out subdivision 4
which forbid legislation incorporating
educational, religious, charitable, so
cial, manufacturing institutions. He
said these institutions might have te
be incorporated at some time.
Mr.. Wilson's amendment was ther
adopted. This left subdivision 4 ir
this shape: -.
4. ITO incorporate educational, reli
gious, charitable, social, manufacture
ing or banking institutions not under
the control of the State"
Mr.. VonKolnitz offered further
amendment by adding providing that
existing charters may be amended OF
altered" Mr.. VonKolnitz cited an in
stance in which great hardship was
being worked, involving a legacy OF
100000. :,
Mr.. Gage said he was willing to add
the words "or amend the charters
thereof" so that everything could be
done by general laws.
Mr.. Stokes thought that this was the
wrong place to bring this matter up.
Mr.. Sheppard moved to amend by
adding land to amend or extend The
charter thereof"
Mr.. Bates moved to strike out Sec
tions 8, and 5, giving his reasons
therefor.
Mr.. Gage hoped that this amend:
ment would not prevail, as it would
allow all the expensive corporations
of towns, villages, ETC., which they
were trying to avoid. The legislature
will pay no attention to general law
if they allow that body to pass special
laws of incorporation.
Mr.. Bates amendment was lost.
The substitute offered by Governor
Sheppard was then adopted.
Mr.. Meares moved to strike out sub
division 8 of section SO. He maintain.
ed that the subject matter was covered
elsewhere.
MIR. Gage said that there was no
harm in making the matter very en-
phatic SO there would be no trouble:
Mr.. Bates was in favor of Mr..
Meares' amendment.
Mr.. Klugh offered the following
amendment:
Strike out lines 1, 2 and 8 Of Sec
ton 36 and insert the following: The
general assembly shall as soon as pos,
sible after the adoption of this Consti.
tuition enact general laws, which shall
be applicable on the several cases en-
braced in this section, TO wit"
The president stated that this was
already covered. Mr.. Klugh said it
was merely prohibitive as it stood
now; it should be made affirmative.
Mr.. Klugh's amendment was voted
down.
Mr.. VonKolni:z endeavored to get
the relief he was after by offering the
following amendment to section 80 to
be known as subdivision 13 of the Sec
ton:
''13. The provisions of this section
shall not apply to charitable and edu-
cational corporations where under the
terms of a gift, devise or will special
interpretations may be required"
The amendment was adopted.
Mr.. Johnstone offered the following
to be known as subdivision IA of sec
ton 81: -,
"14. Nothing herein contained shall
prohibit the general assembly from In
cooperating by special enactment cor
porations Of a character other than
those herein named"
Mr.. Sigh said subdivision IL cover
ed the subject matter of this amend
ment.
Mr.. Sheppard moved to indefinitely
postpone.
Mr.. Johnstone explained why he Of
fered the amendment. The motion to
indefinitely postpone was then carried.
Section 36 was then adopted as a
whole.
Sec. 81 was then taken mp and the
chairman of the committee, Mr.. Sigh,
moved to strike out the whole section.
He thought it was hardship to make
a man ineligible to Office for two years
even though he may resign as mem
ber of the general assembly.
This section read as follows:
Sec. 81. No member of the general
assembly of this State, during the term
for which he was elected, shall be eli
gible to any Office to be filled by an
election by the general assembly and
no Judge in this State during his term
of office shall be eligible to any other
than a judicial Office.
Mr.. Buist wanted to introduce an
amendment, but was ruled out OF Or
der.
Mr.. Glenn was in favor of the Sec
ton as it stood. He wanted purity
among the members of the general as
sembly. He did not want to see tempt,
alton thrown in the way Of any mem
ber Of the general assembly. He
thought that this section would do
much to elevate the legislators.
Senator Tillman said that the matter
must be looked at practically. They
were going on the supposition that the
legislature would elect the judges. Il
was by no means certain that il
would. He hoped the people would
elect all officers. This section was an
Indictment any way they looked at il