Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-11-03
aAistellaacuus Rraaina.
STATE WAREHOUSE LAW
Text of the Act as Just Passed by
the General Assembly.

The act to regulate the storage and
grading of cotton is now in effect.
John L. McLaurin, member Of the
state senate from Marlboro, has been
elected state warehouse commissioner
The salary is $4,000 a year, with eX-
penses. An appropriation of $4,000 is
provided by the bill to carry out its
| provisions.
The commissioner is authorized to
lease warehouses and to appoint
clerks. officers and all necessary en-
ployes and fix the salaries"
The following is the act to regulate
the storage, grading and marketing oI
cotton:
| Whereas, owing to the war, there
] is a lack OF ocean transportation and
| with the generalization or the IorelSn
| market Wnere Iwo-thlrdS OF our crop
IS consumed, ii is unwise to lorce the
staple upon the market under such
| conditions, and
| Nv hereas, South Carolina will pro-
duce about 100000 bales OF cotton,
costing about ~ cents per pound, II is
| necessary In order TO protect the peo-
pie OF this state from an lrreparable
| Va
| WarehouSlng, and TO nnance the crop
by converting cotton into a negotiable
security which will command respect
| In the money markets OF the world:
Section /. Be it enacted by the gen.
eraI assembly Of the state OF South
Carolina, That within the police pow
ers or the state and for the general
welfare there is established, as nereln-
after provided, a cotton warehouse
system for the state OF South Carolina.
There shall be elected by the general
assembly forthwith suitable person,
| to be known as the state warehouse
commissioner, whose salary shall be
81, 900 per annum and who shall hold
office for the term of two years or un-
I'll his successor is elected by the
general assembly. And in case va
cancy shall occur while the general as
Sembly is not in session, the governor
shall appoint a suitable person to till
such vacancy until the next meeting OF
the general assembly.
Sec. 2. That the warehouse COM
missioner shall accept as authoritative
the standards and claSsitications of
cotton established by the Federal gov
ernment.
Sec. 3. The commissioner shall have
the power to acquire property for the
w
vlded, No rent shall be paid until the
operating expenses Of such warehouse
so leased have been paid from the IN
come of the warehouse so leased and In
no case shall the state be responsible
| for any rent except from the income OF
such warehouse so leased in excess or
operation expenses and may settle the
| terms upon which private or corporate
warehouses may obtain the benefit OF
especial duty to foster and encourage
the erection of warehouses in the va
riouS towns in the several counties for
| operation under the terms of this act,
so as to localiZe the storage of cotton
so far as possible.
Provided, That the supervisor and
county commissioners of Aiken, Sum-
! ter, Bamberg, Greenwood and of Hamp-
4 ton counties, upon presentation OF pc
| tition signed by at least one-third OF
the qualified electors of the respective
counties, may, and, upon presentation
of a petition signed by one-half of the
said qualified electors, shall provide by
| lease, purchase, or construction ware
house facilities for at least one-third
| OF the average cotton crop during the
past five years. of their respective
counties And the said county super
visors and county commissioners are
hereby authorized to use the county
ordinary funds, or borrow the neces-
sary funds as they deem most eXpedi-
ent The warehouse facilities so pro-
vided may be leased to the state ware
house commissioner by the county
commissioners, on such terms as may
be agreed upon between the contract
| ing parties. Or the supervisors and
county commissioners may, II they
deem it more eXpedient, elect a ware
house manager and operate the SAID
warehouse facilities as county sys-
tenn, subject to the general warehouse
law of the state, and to such OF the
provisions of this act as may be appli-
cable.
Sec. 4. The said commissioner shall
also have the power to sue or be sued
| in the courts under the civil code OF
South Carolina upon the same terms
as an individual or corporation, the
| action to be against or by him as rep
| resentative of the state, and not as an
| individual, except in case OF tort OF
neglect of duty when the action Shall
| be upon his bond. Suits may be
| brought in the county of Richland OF
| in the county in which the cause OF
action accrued: Provided, however
That the weights, classes and grades
| of cotton on storage are under TINS acl
only guaranteed by the state in favor
of those who loan money or buy cotton
| stored in warehouses: Provided, That
cotton designated as 'linters' shall not
be received for storage under the pro-
| visions of this act: Provided further
That the state shall not be responsible
for such fluctuations in weight as rep
reSenting ordinary climatic conditions
| The board, where fully satisfied as Il
the title to same, shall receive for Stor-
age lint cotton properly baled, with ar
inspection tag showing that 1t has beer
legally weighed and that Federal oi
| state inspector as may hereafter Dt
provided has graded said cotton. There
shall be receipts issued for such cot
ton under the seal and in the name OF
the state of South Carolina, stating To-
cation of warehouse, name of manager
the mark on said bale, weight, grade
and whether long or snort staple, 81
as to be able to deliver on surrender ol
receipt the identical cotton for which
it was given. The receipt for the cot
ton so stored to be transferable by
written assignment and actual delivery
and the cotton which it represents Il
be deliverable only on a physical rep
reSentation of the receipt, which is tC
be marked Cancelled when the cottor
is taken from the warehouse. The sal.
receipt carries absolute title OF the cot
ton, it being the duty Of the officer ac'
cepting same for storage by inspection
of the clerks office to ascertain wheth'
er there are on file crop mortgages OF
liens for rent or laborers' liens, verbal
or in writing, covering said cotton be-
fore he accepts same and issues a re-
ceipt: Provided, however, That in case
of all cotton deposited hereunder an!
lien thereon shall be and take effec'
only as of the dates Of the execution
thereof, the registry laws of the state
to the contrary Notwithstanding. Il
shall be the duty of the clerk of cour
or register for conveyances of the re-
spective counties to furnish withou
charge from his records certificate a:
to any liens and mortgages, upon re-
quest of the warehouse commissioner
or officer under him charged with re-
Sponsibility under this act.
Sec 5. The grades, weights ant
identification marks provided for IL
section shall be evidenced by tag:
affixed to the bale of cotton, and shall
also be branded on the bagging with ;
stencil and ink, which tags shall be 81
designed that the brand South Caro-
lima will be unmistakable, the palmet
to tree, with a bale of cotton lying a
the roots and the shield of the STATE
on either side.
| 900 The commissioner in set