The people's journal. (Pickens, S.C.) 1891-1903, 1895-10-24

4
MIR. Sheppard: What " has that to
DO with this question ?'
MIR. ParrOtt: "Only this: ono Of
the Judges had been bought is general
~ reported ?"
Mr.. Sheppard, with great emphasis :
Then If IL is it originated only in
small mean minds (Appluusc.) He
proceeded to vindicutc the character
of the judiciary. especially that Of
South Carolina.
MIR. w. b. Wilson said that he did
not think that section was necessary
here. He considered it a dangerous
| proposition.
In answer to this Mr.. Johnstone said
IT had been III the present constitution
for thirty years and where had any
danger ever arisen from it? Why do
gentlemen object to it? DO they want
secret elections?
The ayes and noes were called for on
the motion to strike out section II
The result was ayes IS; noes 80.
Nj. Wilson moved to strike out the
words land opcn.' Mr.. Johnstonc
moved to lay on the table tho motion.
| The ayes and noes were called. The
motion was lost Ivy u vote Of "a to .JG,
| tn" chair having voted.
The vote was then taken on MIR. Will
sons amend mcnt and IL was lost by Il
vote OF 60 noes to ~ ayes.
On motion of Senator Tillman, the
| further consideration of the section
and section l3 also, was postponed until
| the article on suffrage was reached.
Section II. relative TO slavery, was
thcn taken up aud on motion Of Mr..
| I5cllinger it, was stricken out. The
involuntary Scrvitudc except in pun
iShment for crime. shall exist in the
| State.
The following is section 20:
No person shall b" held to answer
for any crime where the punishment
exceeds Il fine of one (%l0O) hum
drcd dollars or Imprisonment for thirty
| (Oi days unless on II presCntment or
| indictment of the grand Jury Of the
| county where the crime shall have
| been committed, except in cases ar sing
in the land or naval forces or in Shc
| militia. when in actual service in time
| OF war or public danger nor shall any
person be subject for the same oircnsc
10 be twice put in jeopardy OF life or
| iiurrty nor shall be compelled in any
criminal case to be 4 witncss against
| himself: nor be deprived Of life, liberty
or property without due process Of
law nor shall private property be
taken for public use without just com
pcnsatiOn.
Mr.. Stanyarne Wilson wanted the
section so amended rs TO permit trials
in county courts in certain oifcnscs
without the intervention Of the grand
| jury, leaving the grand jury to cases
TO be tried by the court Of General
Sessions. He moved to inscrt the
words before the courts OF General
Sessions after the word "crimc" IN
the first line and striking out the rest
,f a
! rtc.'
Mr.. Iohnst0nc said that by this plan
it was proposed to csta bliSh courts
that would cost the State at least SO.
900 Il year and would not cXpcdiutc
business of the courts at all. ItcnunOt
be economy because there are }G cOun-
tics-that means 3G Judges. 3G Solic-
tors or - now officials. Where is the
economy: They will cost at least
&72, 900.
Mr.. Prince said the county courts
we're not now in question, but later on
we can provide for county courts if we
wish. II this section passes II will in
all probability prevent the establish
| mcnt OF such courts.
Mr.. HutsOn moved to postpone con
sldcration until the judiciary commit
tee reports, which was adopted.
In section II, which relates TO crimi-
nal prosecutions, it is provided that
the criminal shall be tried in the
county where the crime was commit
| ted. MIR. Bellingcr wanted this strick-
on out as it. would take away from the
| Judges the power to change the venue.
which is sometimes neccss sary. In his
own recollection ten lynchings have
| been committed and he believed most
Of them were cold bloodcd murders,
but it was worse than folly to try to
get any jury in the county to bring an
Indictment against these men. Under
the dispcnsary law there is ~ provision
for /, change of venue before Il present
mont by Il grand jury. This would
prevent q change Of venue in these
| eases, and there arc sections where a
connection could not he had Mr.. Bel
| Ingcr'S motion was adopted.
| In section - there is Il provision
that punishment in" contempt shall
not extend TO punishment in the pcni-
tcntiary. Mr.. Mower moved to pass il
over because Il member who is now
sick wanted to make an amendment.
The motion was agreed To.
Section 81 provides that one con
sciGntiuusiy opposed TO bcaring arms
shall not he compelled to do so, but he
shall pay an equivalent for personal
service.
"cquivalnnt provision, but Mr.. Rags
dale moved 10 strike out the whole
section. which was agreed to. The re.
maindcr Of the sections we're dOptcd
without material amendments
Mr.. Sheppard moved that the con
vcntion meet at 0:3O this mOrniug, but
the motion was lost and the convention
adi0nrncd unit! 10 o'clock next morn
ing.
THE HON MESTIiAD EN FMPTION
4 Section OF vital ImpOrtance-Shall all
tho Homestead be MOrtGagcd and
| Sold?
The debate on the hOm5tcad cXcmp.
= tion was pitched on 81 high plane. The
article relating to the homestead ae
reported by the committee was rs fol-
lows:
The General Assembly shall enact
} such laws ~ will exempt from attach
mont and sale under anV mcSnc or Fl