The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1898-01-18


n persons, corporations and commun
'r ties, relative to subjects of q gener
D. character and to put an end to tf
IT present flood of special legislation. a
II IL ls easier and in some cases cheaDe
If to apply to the General Assembly fC
@ relief rather than to the Courts c
!. other tribunals provided by genera
8 law, the Legislature is being, upo
l. various excuses, subjected to constan
d pressure to enact special laws for tn
= relief of individuals. Indeed, ever
y constitutional provisions Intended +
4 limit such special legislation have ofteI
. been evaded under the guise of a so
called general law. In the Constitu
} tlon OF 1898 there are express provision
l prohibiting special and local legisla
tlon by the General Assa .nbly. Prior
to 1898, during each Legislative session
u great deal Of time was consumed II
the consideration Of such special legis
latlon, at great expense to the State
IL was to check this growing evil that
these prohibitory provisions were in
PRODUCED into the Constitution. 1t is
natural and may be praiseworthy for
Individual Legislators to seek to ad-
vance the interests OF their localities
ana constituencies ; but such interests
should be subordinated to the general
public good, and such special and local
Legislation is evidently injurious to the
| public veal. Too much Legislation.
both general and special, has undoubt,
edly characterized South Carolina for
the past thirty years.
Such special and local enactments,
| besides being species of class legisla-
! tlon, are most harmful in making it
uncertain what the statute law is. 1t
Is, therefore, wise provision of our
,i,,h n, IA: "A
local and special legislation, and it
should be rigidly enforced. But not
wlthstandipg this constitutional in
hlbltlon, an examination of the Acts
passed by the General Assembly dur
Ing the sessions Jf 1896 and 1897 will
show that this wise provision was
evaded, and that there was consider
able special and local legislation.
Since the adjournment OF the General
Assembly In 1897 an Act passed during
the last session has been decided by
the Supreme Court to be unconstitu-
tlonal, on the ground, among others,
that 1T was local and special legisla-
tlon. 1t was an Act forbidding a citizen
OF one County to fish in another County
Tor profit without first obtaining a
License from the County Treasurer.
lhls seems to be general statute,
put In the third section OF the Act it
Ia provided that the Act shall apply
to no Counties in the State eXcept
Colleton and Berkeley. This disregard
OF constitutional provisions not
checked will open the way to: an in.
creasing mass OF this kind OF legisla-
tion, and must result in tho practical
defeat of the objects OF the constitu-
tional inhibition.
Prompt action should be taken by
your Honorable bodies to enforce OBJ
servance of the provisions Of the Con-
stltution on this subject, and to con-
hne legislation as nearly as practicable
within the limits prescribed by the
Constitution. | would respectfully
recommend for your earnest considera-
tion the creation, by joint resolution,
of joint committee of the two Houses
who shall be "lecially charged with
the duty OF supervising all bills in
troduced, and reporting such as come
within the prohihitory provisions of
the Constitution relating to local and
special legislation. With such safe
cessfully avoid the enactment OF law
forbidden by the Constitution and insure
the faithful observance of it's wise and
salutary provisions.
THE SINKING FUND COMMISSION.
The total value of the assets of the
cumulative phosphate royalty sinking
fund is S263, ,007 SO. or this amount $37,-
$1,000 was loaned to counties at o rate
of five per cent. interest per annum.
The sinking fund has permanently in
vested in State stocks $35, 72S.56. There
is invested in temporary loans, under
the Act Of February 18th, 1896, and
February 18th, 1897, sos, ,4S422. This
leaves balance of $l3l, ,26279, which
has been deposited in bank, bearing
four per cent. payable monthly. You
can see from the above statement that
under the Act OF 1897 only small
amount was loaned to counties while
the greater part of the fund has been
deposited in banks and is unsecured,
except by the credit OF these banks.
1t will also be seen that on the 3lst of
December, 1896, there was then loaned
TO the banks at four and half per
cent. interest, and secured by a deposit
with the State Treasurer as collateral
security OF State Brown IL per cent.
stock, $l73,9S4.22, leaving only $2,-
8l6.O cash deposited in bank.
PHOSPHATE INDUSTRY.
Only $40, 700 25 have been paid dur.
ing the year into the State Treasury
from the phosphate mining industry.
devoted to sinking fund for the re-
demption of State bonds. You may
| expect still smaller revenue from
| this source next year. Competition
with Algiers and Florida has so re-
duced the price OF phosphate rock that
some of our miners have been forced
to suspend operations. Those who are
engaged in the business are mining at
a loss, Notwithstanding the fact that
the Board of Phosphate Commissioners
reduced the royalty from fifty to TWEEN
ty.tive cents per ton, On the first day
of April, 1897, the Phosphate Commits.
sioners met at Beaufort to inspect the
phosphate territory The phosphate
miners were invited to be present and
they were all represented at the meet
ing. After thorough investigation the
Board adopted the following resolu
tion:
"Resolved, That on and after Apri
lst, 1897, the royalty to be paid to tn,
State OF South Carolina by all persons
corporations or companies mining
phosphate rock or phosphate deposit
from the beds of navigable streams
and waters OF the State and thu
marshes thereof, shall be, and tho sam
Is hereby fixed, at the rate OF twenty
five cents per ton of dried rock, 80 Ion,
as the price of said phosphate rocl
, free on board to said miners at thei
several mines shall be three dollar
per ton or under; but in case ther
, shall be any increase In such price owe