The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-10-01

1oSAot"ouio Souiu, uuuSr tn9 SectlOn
provide for such corporations, but tn
, committee were subject to the in
: structions of the convention,
Senator Tillman thought it woul
probably be best to recommit tn
sections to the committee SO as to In
corporate provisions for the factor
villages, and as there was no objectio
on the part OF the convention tina
action was taken.
Delegate Miller said as the cues
tlon OF suffrage came up in this repor
he thought 1t best to hold the entir,
article until after the committee OF
suffrage had made its report.
Mr.. Henderson explained that it wa.
the intention of the committee to move
the postponement of those sections
that related to suffrage in any wa,
until after the suffrage committee hae
made its report. This was satisfactory
to every one.
Section 3, which related to the con.
traction of debt in pursuance to law,
was passed without trouble, but the
convention found stumbling block in
| Section as reported, which originally
read: mo law shall be passed by the
General Assembly granting the right
70 construct and operate a street or
other railway, telegraph, telephone or
electric plant or to erect water or gas
works for public uses, or to lay mains
for any purpose, without first obtain
ing the consent of the local autbori-
ties in control of the streets or public
places proposed to be occupied for any
such or like purposes"
Mr.. Henderson explained the pur-
pose OF the committee.
Mr.. Wilson wanted the law to stand
as at present. The section would give
the towns and cities all the protection
they wanted.
to the General Assembly.
Mr.. Patton, of Richland, thought
there might be the danger OF large
corporations influencing the Legisla-
ture. He knew that applications for
charters were rushed through the Leg
islature and often cities knew nothing
OF charters that were rushed through.
He urged for concurrent action be-
tween the Legislature and city coun-
ellis.
Mr.. Wilson said that it would be too
great burden to require railroads to
get permission from a number of towns
to get their consent in advance. He
could not understand why there should
be any change from the present laws,
He did not think any local objections
should prevent the granting of q char.
ter.
Mr.. Patton urged that the Legisla-
ture should grant no charter unless
the line was indicated. There is an
existing statute on this line. The ap-
plication for charter should at least
designate the towns through which it
would run. The very necessity FOR
protection demands the passage Of the
section as 1t was reported.
Mr. ,,ly nf
amendment which he thought would
straighten out the matter. He wanted
the provision requiring "first obtain
ing conselt of the local authorities"
changed SO as to read, requiring the
grantee of such right to obtain the con-
sent of the local authorities" etc.
Major Barker again settled trouble
some question and the section was, af-
ter little further debate, adopted to
the satisfaction of all in the following
shape: mo law shall epassed by the
General Assembly granting the right
to conduct and operate street railway,
telegraph, telephone or electric plant,
or to erect water or gas works for pub
lie uses, and to lay mains for any pur-
pose without requiring the grantee of
such right to obtain the consent of the
local authorities in control of the
streets or public places to be occupied
for any such Or like purpose"
Mr.. Sloan, of Richlard, moved to
strike out the whole of Section 5, which
read as follows:
Section 5. The General Assembly
may invest the authorities of cities and
towns with power to make local i'm
provements by special assessment or by
special taxation Of property benefited.
Col. Sloan argued that this section
was unjust because it allowed the au-
thorities of towns and cities to levy
special taxes for the Improvement of
certain parts OF the municipality, when
the residents of that section did not de-
sire the improvements.
Mr.. Henderson, of Aiken, for the
committee, said that the committee
had framed the section because it de-
sired to give the local authorities pow
er to make improvements and to levy
o special assessment for the purpose
This power did not now exis in the
Constitution, as had been decided in
the case of Mauldin VS. Greenville.
Mr.. Buist, of Greenville, offered an
amendment to strike out the words
Especial assessment or by special"
The amendment was laid on the table.
Mr.. Ragsdale, of Fairfield said that
the whole spirit of the section was
wrong and that it should be left to the
property owners interested to ask for
the special levy with which to make
the improvements, and the authorities
of the municipalities should not have
the power to levy the special assess
ment without consulting the property
owners. He moved to strike out the
section and the motion was carried by
vote of 61 to 46.
Mr.. Haynsworth, of Greenville,
thought that the powers conferred in
Section were vicious and moved to
strike out the section. The section
reads: "Cities and towns may acquire
by construction or purchase and may
operate water-works systems and
plants for furnishing lights, and may
furnish water and lights to individuals,
firms and private corporations for
reasonable compensation"
Mr.. Henderson. of Aiken, thought
that the municipalities should be
allowed to exercise the powers con-
ferred in order to protect themselves
from outrageous charges by private
corporations.
Mr.. Wells, of Greenville, offered an
amendment, which read: Provided,
that no such construction or purchase
shall be made except upon the vote OF
the majority Of the qualified electors
of said town or city" Mr.. Wells
argued that the section contained q
dangerous principle and that the
powers conferred should be limited
and carefully guarded.
The amendment was adopted.