» O*^ to-U ij ^GG CORNELL UNIVERSITY LIBRARY k CONSTITUTION OP TUB ''ate « ¥ n n wroiiiia, RATIFIED i 'i IN ^CONVENTION, DECEMBER 4, 1895. ABBEVILLE, S. C: Hugh Wilson, Printer. 1900. Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030491900 CONSTITUTION 1 Cornell University Library JK4225 1895 .A66 OF THE Constitution of the state of South Carol olin 3 1924 030 491 900 te 1 RATIFIED IN CONVENTION, DECEMBER 4, 1895. ABBEVILLE, S. C. : Hugh Wilson, Pbintee. , ^-1900. CONSTITUTION OF THE State of South Carolina. ARTICLE I. Dbclaeation op Rights. Sec. 1. Political power in people. Sec. 2. Apportionment of liepresenta- tlves. . Sec. 3. Meeting of Genei-al Assembly. Sec. 4. Religious worship. Freedom of Speech. Petition. Sec. 5. Equal protection of laws. Sec. 8. Taxation. Sec. 7. No taxation without consent. Sec. 8. Bill of attainder. Ex post facto law. Sec. 9. Right of suflVage protected. Sec. 10. Elections free and open. Sec. 11. Qualification of electors. Term of office. Dueling. Sec. 12. Residence. Sec. 13. Suspension of laws. Sec. 14. Departments of government separate. Sec. 15. Courts public. Sec. 16. Searches. Seizures. Sec. 17. Grand jury. Not tried twice. Private property. Sec. 18. Criminal prosecutions. Sec. 19. Bail. Corporal punishment. Contempt. Sec. 20. Right to bail. Sec. 21. Prosecutions for libel. Sec. 22. Treason. Sec. 23. Habeas corpus. Sec. 24. Imprisonment for debt. Sec. 2.5. Trial by Jury. Sec. 28. Military subordinate to civil. Quartering soldiers. Sec. 27. Martial law. Sec. 28. Navigable waters. Sec. 29. Provisions of Constitution. ARTICLE II. Right of Suffrage. Sec. 1. Elections by ballot. Sec. 2. Elector eligible to office. Two offices. Sec. 3. Elector defined. Sec. 4. Qualifications of electors; a — Residence ; b — Registration ; c —Read or understand Constitu- tion; d— Read and wrlte,ort300; /—Certificate of Registration. Sec. 5. Appear!. Sec. 6. Disquallflcation. Sec. 7. Residence. Sec. 8. Registration. Holding elec- tions. Sec. 9. Polling precincts. Sec. 10. Primary elections. Sec. 11. Closing Registration books. Sec. 12. Municipal electors. Sec. 13. Election for bonded debt. Sec. 14. Arrest ol electors. Sec. 15. Right of suffrage unmolested Sec 1. Sec 2. Sec 3. Sec 4. Sec 5. Sec 6. Sec 7. Sec. 8. Sec 9. Sec 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. Sec. 15. Sec. 18. Sec. 17. Sec. 18. Sec. 19. Sec. 20. Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. Sec. 26. Sec. 27. Sec. 28. Sec. 29. Sec. 30. Sec. 31. Sec. 32. Sec. 33. ARTICLE III. Legislative Depaetment. Legislative power. Members House of Represen- tatives. Number of Representatives. Assignment. Apportionment. Members of Senate. Qualification of Senators. First election. Sessions. Place of Meeting. Terms of office. Judge of elections. Officers. Rules. Imprisonment of members. Members protected. Bills for revenue. Style of laws. One subject. Read three times. Compen.sation. Elections ^^vlva voce" Adjournments. Journals. "Ayes" and "Nays." Doors open. Two offices. Vacancies. Oath of office. Removal of oflScers. Homestead. Assessment. Extra compensation. Sale of lands. Salary of deceased officers. Pensions. Marriage — white and negro. Age of consent. >Sec. 34. Special laws. Sec. 3.5. Lands held by aliens ARTICLE IV. Executive Department. Sec. Sec. Sec. Sec. ■Sec. 5. Sec. C. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. Skc. 15. 1. Chief Magisti'Eiti'. 2. Election of (Tovornor. 3. fc/ii/)nre ot'Si'nutc. Wcnntor acting Govi'inor or I./ioutcn:iiit^(Tt)veiniH-. Vacancy. ( ]i >\ n niander-i n-Cb ief. Parfions. Board of Pardons. Kxeciitiun of laws. ronipensation, Gllicers and Boards report. Communications to General Assembly. Sec. 10. Convene or adjourn General Assembly. 8ec. 17. Coin mission officei's. Sec. 18. Seal of state. SEC. 19. Grants and commissions. Sec. 20. -, l'^c. . Waterworks, ^tc. . Taxation. . Bonded debt. . Manufart.iries. . Armed police force. . Boards of Ilcallli. . .Vlcoholic liquoi-s, . Prize tighting. Sec. 1. Sec. 2 Sec. 8. Sec. 4 Sec. 5 Sec. 6. Sec. 7. Sec. 8 Sec. 9. Sec. 10 Sec. 11 Sec. 12 Sec. 13 Sec. 14 Sec. 15. Sec. 18 Sec. 17. Sec. 18. Sec. 19. Sec. 20. Sec. 21. Sec. Sec. Sec. SEC. Sec. Sec. .Sec. Sec. Sec. Sec. SEC. Sec. Sec. 13. ARTICLE IX. COKPO RAT IONS. Corporation defined. Charter. Common carrier defined. liOcal agent. Discrimination. Intersection. Transportation. Parallel lines. Domestic charter. Banliing corporations. Stocks and bonds. Election officers. Business of corporation. Trusts, &c. The Railroad Commission. Injuries to employees. Existing chart+Ts. Forfeit of franchise. Liability of sfockholdoi"s. Controlling interest in another corporation. Right of way. Provisions to be enforced. ARTICLE X. Finance and Taxation. Assessment and taxation. Expenses. Tax levied. Exemptions. Taxes for ei>rporate purposes. Bonded debt. Credit of state. State indebtedness. Receipts and expenditures. Payment of money. Fiscal year. Increase of public debt. Account of public moneys. Embezzlement. All tiixes based on State levy. Sec. 1 Sec. 2 Sec. •i. Sec. 4 Sec. 5 Sec. 6. Sec. 7 Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. ARTICLK XI. Education. Superintendent of Education. State Board. School officers. Salai'ies. School age. .School districts. Three mill tax. Enrollment. Trustees. .Supplementary tax. Separate schools. South Cai'olina University. Sectarian institutions. Gifts for educational purposes. Gifts. Escheated property. Direct taxes. Profit from sale of liquors. ARTI(.;LE XII. Charitable and Penal Institu- TION.S. Sec. 1. Insane. Blind.deaf and dumb. Sec. 2. Officers and employees. Sec. 3. County poor. 4. Directore. 5. Officers of Penitentiary. 6. Convicts. 7. Juvenile reformatory. 8. Vacancies. 9. Control of Penitentiaiy. ARTICLK XIII. Militia. 1. Militia age. 2. Arrest. 3. Call out. 4. Adjutant-(4('ncml. Staff offi- cers. .Sec. 5. Pensions. ARTICLE XIV. Eminent Domai.n. 1. .Furisdiction of .State. 2. Title to lands. 3. Lands revei-t. ARTICLIO XV. Impeachment. 1. Power of impeachment. 2. Court of impeachment. 3. Officers liabl<' lo. 4. Removal of officers. ARTICLE XVI. Amendment an]) Revision. Sec. 1. Amendment. 2. Two or more amendments. 3. Constitutional Convention. .VRTICLE XVII. MLSCEJjLANEOUS J1ATTEE.S. 1. Q,ualiIication of olli<*ers. 2. Claims against the State. 3. Divorces. 4. Denying Supreme Being. 5. Public printing. 6. Remo\'al of causes. 7. Lotteries. 8. Gambling and betting. 9. Property of married woman. Sec 10. Laws now of f^)rce. Sec. 11. First — Laws now of force. Thdi- nances. Second — Writs, iV-e. Tliird — Present laws. Fourth — Fines, penalties, ttc. Fifth— Actions, prosecutions, &c. Sixth— Officers eli'cted. Seventh — Elections. Eighth— Constitution in force and effect. Ninth— Repeal of Constitution of 1868 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec, Sec. Sec. Sec. Sec, Sec, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sri)e State of Sautl) alarolina: At a Convention of the People of the State of South CaroHna, begun and holden at Columbia, on the Tenth day of Sep- tember, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjourn- ments to the Fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. CONSTITUTION OF THE STATE OF SOUTH CAROLINA. Preamble. We, the people of the State of South Caro- lina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetua- tion of the same. ARTICLE I. DECLABATION OF BIGHTS. Section 1. All political power is vested in and derived from political pow- the people only, therefore they have the right at all times to mod- erin people. ify their form of government. Section 2. Repre.sentation in the House of Representatives Apportion- i 11 i_ i- . 1- / . i. merit Repre- snall be apportioned according to population. sentatives. Section 3. The General Assembly ought frequently to assem- MeetinKGen- ble for the redress of grievances and for making new laws, as the ^^^ ^'^"^ ^ common good may require. Section 4. The General Assembly shall make no law respect- Religious ing an establishment of religion or prohibiting the free exercise worship. thereof, or abridging the freedom of speech or of the press; or the Freedom of right of the people peaceably to assemble and to petition the Gov- ^^ ' ernment or any department thereof for a redress of grievances. Section 5. The privileges and immunities of citizens of this privileges State and of the United States under this Constitution shall not *°d immimi- be abridged, nor shall any person be deprived of life, liberty or property without due process of law, nor shall any person be de- Protection of nied the equal protection of the laws. '*^*'^" Section 6. All property subject to taxation shall be taxed in Taxation proportion to its value. Section 7. No tax, subsid.y, charge, impost tax or duties shall Notaxwith- be established, fixed, laid or levied, under any pretext whatso- ""tc'i^ent. ever, without the consent of the people or their representatives lawfully assembled. Section 8. No bill of attainder, ea;pos/;/acto law, law impair- Attainder— ing the obligation of contracts, nor law granting any title of no- faw.^"" ''^^"^"' bility or hereditary emolument, shall be passed, and no convic- tion shall work corruption of blood or forfeiture of estate. Section 9. The right of suffrage, as regulated in this Consti- suffrage. tution, shall be protected by law regulating elections and prohib- iting, under adequate penalties, all undue influences from power, bribery, tumult or improper conduct. Section 10. All elections shall be free and open, and every in- Elections habitant of this State possessing the qualifications provided for in ^"^^^'^'^ °p^"- this Constitution shall have an equal right to elect officers and be elected to fill public office. Section 11. No property qualification, unless prescribed in this Constitution, shall be necessary for an election to or the hold- qi^imcations^ ing of any office. No person shall be elected or appointed to office in this State for life or during good behavior, but the terms of all ^erm of office, officers shall be for some specified period, except Notaries Public and officers in the militia. After the adoption of this Constitu- tion any person who shall fight a duel or send or accept a chal- Dueling. lenge for that purpose, or be an aider or abettor in flighting a duel, shall be deprived of holding any office of honor or trust in this State, and shall be otherwise punished as the law shall prescribe. Residence. SECTION 12. Temporary absence from the State shall not for- feit a residence once obtained. Suspension SECTION 13. The power of suspending the laws or the execu- of laws. ^JQjj Qf ji^g jg^^^ gj^jjjj „j,jy ]3g exercised by the General Assembly or by its authority in particular casas expressly provided for by it. Departments SECTION 14. In the government of this State the legislative, separate. executive and judicial powers of the Government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other, courts-rem- SECTION 15. All Courts shall be public, and every person shall *"*y- have speedy remedy therein for wrongs sustained. Section 16. The right of the people to be secure in their per- Searciies, seiz- sons, houses, papers and effects against unreasonable searches and "'■^^- seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched and the person or thing to be seized. Section 17. No person shall be held to answer for any crime where the punishment exceeds a fine of one hundred dollars or imprisonment for thirty days, with or without hard labor, unless Presentment on a presentment or indictment of a grand jury of the Oninty of grand jury, ^j^p^j, j],^, crime sliall have been committed, except in cases aris- ing in the land or naval forces or in the militia when in actual Not tried service in time of war or public danger; nor shall any person be *^'™' subject for the same offence to he twice put in jeopardy of life or liberty, nor shall be compelled in any criminal case to be a wit- Prtvate prop- ,-,gy^ against himself. Private property shall not be taken for pri- vate use without the consent of the owner, nor for public use without just compensation being first made therefor. Section 18. In all criminal prosecutions the accused shall en- Triai by jury. j,,y tj]g right to a speedy and public trial by an impartial jury ; and to be fully informed of the nature and cause of the accusation; Witnesses, (q be confronted with the witnesses against him ; to havecoiu|)ul- sory process for obtaining witnesses in his favor, and to be fully heard in his defence by himself or by his coun.sc^l or by l)oth. Kxfcsbivebaii SECTION 10. Excesslve bail sliall not lie required, nor excessive Corporal fl'i'"** imposed, nor cruel and unusual punishments inflicted, nor punishment, shall witnesses l)c unreasonably detaiiietl. Corporal punishment Contempt, shall not be inflicted. The pdwer to punish forcdiitemptshall not in any ca.se extend to imprisonment in the Statt' pcniteatiarv. Sureties. SECTION 20. All persons shall, before conviction, be l)ailal)le by. sufficient sureties, except for capital offences when the proof is evident or the presumption great. Libel. Section 21. In all indictments or prosecutions for libel, the 9 truth of the alleged libel may be given in evidence, and the jury shall be the judgcH of the law and the facts. Section 22. Treason against the State shall consist alone in Treason. levying war or in giving aid and comfort to enemies against the State. No person sliall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open Court. Section 23. The privilege of the writ of habeas corpus shall Habeas not be suspended unless when, in case of insurrection, rebellion or ^oi-pus. invasion, the public safety may require it. Section 24. No person shall be imprisoned for debt except in im prison- ^ ^ ^ Tneiil tor debt. cases of fraud. Section 25. The right of trial by jury shall be preserved in- Trial by jury, violate. Section 26. A well reguhxted militia being necessary to the security of a free State, the right of the people to keep and bear beur'^arms!'""^' arms shall not be infringed. As in times of peace armies are dan- gerous to liberty, they shall not be maintained without the con- General As- sent of the General Assembly. The military power of the State Wiaintain ar- shall always be held in subordination to the civil authority and be '""^*'' governed by it. No soldier shall in time of peace be quartered in m^I'iered ''°™ any house without the consent of tlie owner, nor in time of war but in the manner to be prescribed by law. Section 27. No person shall in any case be subject to Martial Martial law. law or to any pains or penalties by virtue of that law, except those employed in the army and navy of Ihe United States, and except the militia in actual service, but by the authority of the General Assembly. Section 28. All navigable waters shall forever remain puWic Navigable highways free to the citizens of the State and the United States without tax, impost or toll imposed ; and no tax, toll, impost or j^„ ^.^^ ^^^ wharfage shall be imposed, demanded or received from the own- use of wharf, ers of any merchandise or commodity for the use of the shores or any wharf erected on the shores or in or over the waters of any navigable stream unless the same be authorized by the General Assembly. Section 20. The provisions of the Constitution shall be taken, Provisionsof deemed and construed to be mandatory and prohibitory, and not merely directory, except where expressly made directory or per- missory by its own terms. ARTICLE II. BIGHT OF SUFFRAGE. Section 1. All elections by the people shall be by ballot, and Elections by elections shall never be lield or the ballots counted in secret. ballot. Qiialiflcatiun for office. Two offices. Electors. Residence. Registration. Qualification for reg i s t r a- lion np to.lan- uary, IS'JU. List of regis- tered voters. (lualllication for rr ix is t ra- tion atlci- .Jan- uary, 1808. Payment of taxes neces- sary for voting 10 Section 2. Every qualified elector shall be eligible to any of- fice to be voted for, unless discjualifled by age, as prescrilied in this Constitution. But no person shall hold two offices of honor or profit at the same time: Provided, That any person holding another ofiice may at the same time be an officer in the militia or a Notary Public. Section 3. Every male citizen of this State and of the United States twenty-one years of age and upwards, not laboring under the disabilities named in this Constitution and possessing the qualifications required by it, shall be an elector. Section 4. The qualifications for .suffrage shall be as follows: (a) Residence in the State for two years, in the County one year, in the polling precinct in whicli the elector offers to vote four months, and the payment six months before any election of any poll tax then due and payable: Provided, That ministers in charge of an organized church and teachers of public schools shall be entitled to vote after six months' residence in the State, otherwise qualified. (6) 'Registration, which shall provide for the enrollment of every elector once in ten years, and also an enrollment during each and every year of every elector not previously registered under the provisions of this Article. (c) Up to January 1st, 1898, all male persons of voting age applying for registration who can read any Section in this Consti- tution submitted to thein by the registration officer, or understand and explain it when read to them by the registratioii officer, shall be entitled to register and become electors. A separate record of all persons registered before January 1st, is;)s, sworn to by the registration officer, shall be filed, one copy with the Clerk of Court and one in the office of the Secretary of State, on or before February 1st, ISDs, and such jiersoiis shall remain during life qual- ified electors unless disqualified by the other provisions of this Article. The certificate of the Clerk of Court or Secretary of State shall be sufficient evidence to establish the right of said citi- zens to any suliscniuent registration and the franchise under the limitations herein imposed. (d) Any person who shall apply for registration after January 1st, 1S!)S, if otherwise qualified, shall be registered: Provided, That he can both read and write any Section of this Constitution submitted to him by the registration officer or can show that he owns, and has paid all faxes collectible during the previous year on property in this .State assessed at three hundred dollars (.•s:^,oo) or more. (e) ^Managers of election shall require of every elector offering to vote at any election, before allowing him fci vcjfe, proof of the payment of all taxes, including poll tax, assessed again.st him and collectible during the previous year. The production of a cer- 11 tiflcateor of the receipt of the officer authorized to collect such taxes shall be conclusive proof of the payment thereof. (/) The General Assembly shall provide lor issuing to each duly reji:istered elector a certificate of registration, and shall pro- regfsaratkjn"' vide for the renewal of such certificate when lost, mutilated or destroyed, if the applicant is still a qualified elector under the provisions of this Constitution, or if he has been registered as provided in subsection (c). Section o. Any person denied registration shall have the right to appeal to the Court of Common Pleas, or any Judge ^^pp^iI- thereof, and thence to the Supreme Court, to determine his right to vote under the limitations imposed in this Article, and on such appeal the hearing shall be de novo, and the General Assembly shall provide by law for such appeal, and for the correction of against "c?ec- illegai and fraudulent registration, voting, and all other crimes tion laws, against the election laws. Section 6. The following persons are disqualified from being registered or voting: First, Persons convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, qiiaTifl'eciVom adultery, bigamy, wife-beating, house-breaking, receiving stolen "^"""s- goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation, larceny, or crimes against the election laws : Provided, That the pardon of the Governor shall remove suc.'h disqualification. -^ Second, Persons v/ho are idiots,- insane, paupers supported at the public expense, and persons confined in any public prison. Section 7. For the purpose of voting, no person shall be cleetned to have gained or lost a residence by reason of his pres- ga'i'nodor "ost^ ence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas, nor while a student of any institution of learning. Section 8. The General Assembly shall provide by law for Rej^istration provided the registration of all qualified electors, and shall prescribe the manner of holding elections and of ascertaining the results of the same : Provided, At the first registration under this Consti- Elections. tution, and until the first of .January, 1898, the registration shall be conducted by a Board of three discreet persons in each County, Board of reg- to be appointed by the Governor, by and with the advice and i^t^rat'o"- consent of the Senate. For the first registration to be provided .for under this Constitution, the registration books shall be kept . Books of reg- open for at least six consecutive weeks; and thereafter from time to time at least one week in each month, up to thirty days next preceding the first election to be held under this Constitution. The registration books shall be public records open to the inspec- tion of any citizen at all times. 12 Polling pre- SECTION 9. The General Asseinhly shall provide for the estab- lishment of polling precincts in the several Counties of the State, and those now existinti- shall so continue until abolished or changed. Each elector shall he required to vote at his own pre- cinct, but provision shall he made for his transfer to another pre- cinct ui>on his change of residence. rrimary elec- SECTION 10. The General Assembly shall provide by law for tion.s. the regulation of party primary elections and punishing fraud at the same. Section 11. The registration books shall close at least thirty o?r?^."tratioiK days before an election^ during which time transfers and registra- tion shall not be legal : Provided, Persons who will become of age during that period shall l)e entitled to registration before the books are closed. Municipal SECTION 12. Electors in municipal elections shall possess the elections. qualifications and be subject to the disqualifications herein pre- scribed. The production of a certificate of registration from the registration officers of the County as an elector at a i)recinct in- cluded in the incorjiorated city or town in which the voter desires to vote is declared a condition prerefiuisite to his obtaining a cer- Rcgistiation tificate of registration for njunicipal elections, and in addition he '"• must have been a resident within the corporate limits at least four months before the election and have paid all taxes due and c>)l- lectible for the [jreceding fiscal year. The General Assembly shall provide for the registration of all voters before each election in municipalities: Provided, That nothing herein contained shall apply to any municipal elections which may be held prior to the general election of the year 1896. Si'XrnoN 18. In authorizing a special election in any incorpo- Bonrifid debt felted city or town in this State for the purpose of bonding the in niunieipaii- same, the General Assemblv shall prescribe as a condition prece- tie.s. ' ' ' ' dent to the holding of said election a petition Irom a majority of the freeholders of said city or town as shown by its tax hooks, and at such elections all electors of such I'ity or town who are duly qualified for voting under .Sirtion 12 of this Article, and who have paid all taxes, State, County and municipal, for the previous year, shall be allowed to vote; and the vote of a major- ity of those voting in said election shall be necessary to authorize the issue of said bonds. Arrests of SECTION 14. Electors shall in all cases except treason, felony, electors. ^^ ^ breach of the peace, be pri vilegetl from arrest on the days of election during their attendance at the polls, and going to and re- turning therefrom. Section 15. No power, civil or military, shall at any time in- fr<^'lfreef ''"'" terfere to prevent the free exercise of the right of suffrage in this State. Number of 13 ARTICLE III. LEGISLATIVE DEPARTMENT. Section l. Ttie legislative power of this State shall he vested Lc?gisiative in two distinct branches, the one to be styled the "Senate" and p""'"- the otiier the "House of Be|)rpsentatives," and both together the "General Assembly of the State of South Carolina." Section 2. The House of Representatives shall be composed House of Re- of members chosen by ballot every second year by citizens of this p'*"''"'^*''^'^'^- State, qualified as in this Constitution is provided. Section 3. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the meii'i'bnrs.' several (bounties according to the number of inhabitants contained in each. Each County shall constitute one Election District. An enumeration of the inhabitants for this purpose shall be made in the year nineteen hundred and one, and shall be made in the ofiniiawtants. course of every tenth year thereafter, in sucli manner as shall be by law directed: Provided, That the General Assembly may at any time, in its discretion, adopt the immediately preceding United States Census as a true and correct enumeration of the in- habitants of the several CJounties, and make the apportionment of Representatives among the several Counties according to said enumeration: Provided, further, Tliat until the apportionment which shall be made upon the next enumeration shall talce effect, Apportion- the representation of the several Counties as they now exist (in- "^™'- eluding the County of Saluda established by ordinance) shall be as follows: Abbeville, 5; Aiken, 3; Anderson, 5 ; Barnwell, 5 ; Beaufort, 4; Berkeley, 4; Charleston, 9; Chester, 3; Chesterfield, 2; Clarendon, 3; Colleton, 4 ; Darlington, 3; Edgefield, 3; Fair- field, 3 ; Florence, 3 ; Georgetown, -1 ; Greenville, 5 ; Hampton, 2 ; Horry, 2; Kersliaw, 2 ; Lancaster, 2; Laurens, 3; Lexington, 2; Marion, 3; Marlt>oro, 3; Newberry, 3; Oconee, 2 ; Orangeburg, 5; Pickens, 2; Richland, 4; Saluda, 2; Spartanburg, 6 ; Sumter, 5; Union, 3; Williamsburg, 3 ; York, 4: Provided, further, Thut in the event other Counties are hereafter established, then the Gen- eral Assembly shall reapportion the Representatives between the Counties. Section 4. In assigning Representatives to the several Couii- ties, the General Assembly shall allow one Representative to ^Assignment ,,,-, i^jii. .of Representa- every one hundred and twenty-fourth part of the whole number tives. of inhabitants in the State: Provided, That if in the apportion- ment of Representatives any County shall appear not to be en- titled, from its population, to a Representative, such County shall, nervertheless, send one Representative ; and if there be still a deficiency in the number of Representatives required by Section third of this Article, such deficiency shall be supplied by assign- Senate. Qualification of Sen a t o rs and members of House. Election of Senators and R e p r e senta- tives. 14 ing Representatives to those Counties having the largest surplus fractions. Apportion- SECTION 5. No apportionment of Representatives shall take ^g^^"' '*''''« ei- effect until the general election which shall succeed such appor- tionment. Section 6. The Senate shall be composed of one member from each County, to be elected for the term of four years by the qual- ified electors in each County, in the .same manner in which mem- bers of the House of Representatives are chosen. Section 7. Xo person shall be eligible to a seat in the Senate or Hou.se of Repr&sentatives who, at the time of his election, is not a duly qualified elector under this Constitution in the County in which he may be chosen. Senators .shall be at least twenty- flve and Representatives at least twenty-one years of age. Section h. The first election for members of the House of Representatives under this Constitution shall be held on Tuesday after the first Monday in November, eighteen hundred and nine- ty-six, and in every second year thereafter, in such manner and at such places as the General Assembly may prescribe; and the first election for Senators shall be held on Tuesday after the first Mon- day in November, eighteen hundred and ninety-six, and every fourth year thereafter, except in Counties in which there was an election for Senator in eighteen hundred and ninc^ty-four for a full term, in which Counties no election for Senator shall be held until the general election to be held in eighteen hundred and ninety- eight, and every fourth year thereafter, except to fill vacancies. Senators shall be so classified that one-half of their number, as nearly as practicable, shall be chosen every two years. Whenever the General Assembly shall establish more than one County at any .session, it shall so prescribe the first term of theSenators from such Counties as to observe .such cla.ssiflcation. Section 9. The annual session of the General Assembly here- tofore elected, fixed by the Constitution of the year eighteen hun- dred and sixty-eight to convene on the fourth Tuesday of Novem- ber, in the year eighteen hundred and ninety-five, is hereby post- poned, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year eighteen hundred and ninety-six. The first session of the Crcneral Assem- bly elected under this Constitution .shall convene in Columbia on the second Tuesday in January, in the year eighteen hundred and ninety-seven, and thereafter annually ;it the same time and place. Should the casualties of war or contagious disease render it un- safe to meet at the seat of government, then the Governor itiav Compensa- , i i- • j ■■..iiivM ma^ , tion of mem- by proclamation, appoint a more secure and convenient place of '""'"°''- meeting. Members of the (ieneral Assembly shall not receive any compensation for more than forty days of any one session : Class! flca- tion of Sena- tors. Ses sions General As- sembly. 15 Provided, That this limitation shall not effect the first four ses- sions of the General Assembly under this Constitution. Section 10. The terms of office of the .Senators and Represen- Ace^''"'"' "'^ °'^" tatives chosen at a general election shall begin on the Monday fol- lowing such election. Section U. Each house shall judge of the election returns Election re- and qualifications of its own members, and a majority of each house shall constitute a quorum to do business; but a smaller Quorum, number may adjourn from day to day, and may compel the at- tendance of absent members, in such manner and under such pen- bers!™' ™'""' alties as may be provided by law or rule. Section 12. Each house shall choose its own officers, deter- "fflc^rs. mine its rules of procedure, punish its members for disorderly be- Kuies. havior, and, with the concurrence of two-thirds, expel a member. Expulsion. but not a second time for the same cause. Section 13. Each house may punish by imprisonment during Right ot pun- its sitting any person not a member who shall be guilty of disre- '^'""^"*- spectto the house by any disorderly or contemptuous behavior in its presence, or who, during the time of its sitting, shall threaten harm to the body or estate of any member for anything said or done in either house, or who shall assault any of them therefor, or who shall assault or arrest any witness or other person ordered to attend the house in his going thereto or returning therefrom, or who shall rescue any person arrested by order of the house : Provided, That such time of imprisonment shall not in any case extend beyond the session of the General Assembly. Section 14. The members of both houses shall be protected in Mcmbera pro- their persons and estates during their attendance on, going to and returning from the General Assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But these privileges shall not protect any member who shall be charged with treason, felony or breach of the peace. Section 15. Bills for raising revenue shall originate in the bius lor rev- enue. House of Representatives, but may be altered, amended or re- jected by the Senate; all other Bills may originate in either house, other bius. and may be amended, altered or rejected by the other. Section 16. The style of all laws shall be: "Be it enacted by style of laws. the General Assembly of the State of South Carolina." Section 17. Every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the 0°" subject. title. Section 18. No Bill or Joint Resolution shall have the force of law until it shall have been read three times and on three sev- of Act™''''^'^^ eral days in each house, has had the Great Seal of the State affixed to it, and has been signed by the President of the Senate and the Speaker of the House of Representatives: Provided, That either branch of the General Assembly may provide by rule for a first Ifi and third reading of any Bill or Joint Resolution bj' its title only. Mileage. SECTION 19. Each member of the (ieneral Assembly shall re- ceive five cents for every mile for ordinary route of travel in goinw to and returning froin the place where its sessions are held ; Increase of no General Assembly shall have the power to increase tlie per pel lem. fiiem of its own members ; and members of the General Assembly Extra session. When convened in extra session shall receive the same compensa- tion as is fixed by law for the regular session. Section 20. In all elections by the General Assembly, or Elections either house thereof, the members shall vote '^viva voce," and their votes, thus given, shall be entered upon the journal of the house to which they respectively belong. Adjournments SECTION 21. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than tliat in which it shall be at the time sitting. Journal. SECTION 22. Each house shall keep a journal of its own pro- ceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment, inay re- "Yeas" and quire secrecy ; and the yeas and nays of the members of either nays. house, on any question, shall, at the desire of ten men\bers of the House or five members of the Senate, respectively, be entered on the journal. Any member of either house shall have liberty to dissent from and protest against any Act or re,solution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journal. Doors open SECTION 23. The doors of each house shall be Open, except on such occasions as in the opinion of the House may require secrecy. Section 24. No person shall be eligible to a seat in the Gen- Holdingtwo , , , , , ., , 1 , T ,,1 otfices. eral Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia and Notaries Public ; and if any member shall accept or exercise any of the .said disqualifying offices or positions he shall vacate his seat. Section 25. If any election district shall neglect to choose a member or members on the day of election, or if any person chosen a member of either house shall refuse to qualify and take Vacancies, his seat, or shall resign, die, depart the State, accept any disquali- fying office or position, or become otherwise disqualified to hold his seat, a writ of election shall be issued by the President of the Sen- ate or Speaker of the House of Representatives, as the case may be, for the purpose of filling the vacancy thereby occasioned for theremainder of the term for which the person so refusing to qual- ify, resigning, dying, departing the State, or becoming disquali- 17 fled, was elected to serve, or the defaulting election district ought to have chosen a member or members. Section 26. Members of the General Assembly, and all offi- cers before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath : "I oath of office, do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the of- fice to which I have been elected, (or appointed, ) and that I will, to the best of my ability, discharge the duties thereof, and pre- serve, protect, and defend the Constitution of this State and of the United States. I do further solemnly swear (or affirm) that J have not since the first day of January, in the year eighteen hun- dred and eighty-one, engaged in a duel as principal or second or otherwise ; and that I will not, during the term of office to which 1 have been elected (or appointed) engage in a duel as principal or second or otherwise. So help me God." Section 27. Officers shall be removed for incapacity, miscon- Eemovai ot duct or neglect of duty, in such manner as may be provided by °ffl<=<"'. law, when no mode of trial or removal is provided in this Con- stitution. Section 28. The General Assembly shall enact such laws as will exempt from attachment, levy and sale under any mesne or final process issued from any Ctourt, to the head of any family re- siding in this State, a liomestead in lands, whether held in fee or Homestead, any lesser estate, to the value of one thousand dollars, or so much thereof as the property is worth if its value is less than one thou- sand dollars, with the yearly products thereof, and to every head of a family residing in this State, whether entitled to a homestead exemption in lands or not, personal property to the value of five hundred dollars, or so much thereof as the property is worth if its value is less than five hundred dollars. The title to the home- stead to be set oft' and assigned shall be absolute and be forever discharged from all debts of the said debtor then existing or thereafter contracted except as hereinafter provided : Provided, That in case any woman having a separate estate shall be married Married wo- to the head of a family who has not of his own sufficient prop- tion.' ** ^'''^™'' erty to constitute a homestead as hereinbefore provided, said married woman shall be entitled to a like exemption as provided for the head of a family : i'rot)icfed,/Mr(;Aer, That there shall not be an allowance of more than one thousand dollars' worth of real estate and more than five hundred dollars' worth of personal property to the husband and wife jointly: Provided, further. That no property shall be exempt from attachment, levy or sale Taxes. for taxes, or for payment of obligations contracted for the pur- purchase chase of said homestead or personal property exemption or the money, erection or making of improvements or repairs thereon : JVo- Yearly pro- vided, further. That the yearly products of said homestead shall 18 not be exempt from attachment, levy or sale for the payment of obligfations contracted in the production of the same: Provided, Waiver. further. That no waiver shall defeat the right of homestead before assignment except it be bj' deed of conveyance, or by mortgage, and only as against the mortgage debt; and no judgment cred- itor or other creditor whose lien does not bind the homestead shall have any right or equity to require that a lien which em- braces the homestead and other property shall first exhaust the Deedofhus- homestead: Provided, further, That after a homestead in lands band and wife, has been set off and recorded the same shall not be waived by deed of conveyance, mortgage or otherwise, unless the same be executed by both husband and wife, if both be living : Provided, Exemption further. That any person not the head of a family shall be enti- so'n!""^''^ '""' tied to a like exemption as provided for the head of a family in all necessary wearing apparel and tools and implements of trade, not to exceed in value the sum of three hundred dollars. Taxes laid SECTION 29. All taxes upon property, real and personal, shall vai'ue.**^'"^' be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Extra com- SECTION 30. The General Assembly shall never grant extra permit't"d. "°' Compensation, fee or allowance to any public officer, agent, ser- vant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any con- Appropria- tract not authorized by law ; but appropriations may be made for u\°g''invasi'on" expenditures in repelling invasion, preventing or suppressing in- surrection. Public lands SECTION 31. Lands belonging to or under the control of the State shall never be donated, directly or indirectly, to private cor- porations or individuals, or to railroad companies. Nor shall such land be sold to corporations or associations, for a less price than that for which it can be sold to individuals. This, however, shall not prevent the General A.ssoinbly from granting a right of way, not exceeding one hundred and tifty feet in width, as a mere easement to railroads across State lauds, nor to interfere with the discretion of the General Assembly in confirming the title to lands claimed to belong to the State, but used or pos.sessed bv oth- er parties under an adverse claim. salary of de- SECTION 32. The General Assembly shall not authorize pay- ceased officer, nieiit to any person of tlie salary of a deceased officer beyond the tlate of his death; nor grant pen.sions except for military and navy service ; nor retire any officer on pay or part pay. Marriage of SECTION 33. The marriage of a white person with' a negro or groes!"'""*"*^ mulatto, or person who shall have one-eighth or more negro _, ' J .^ blood, shall be unlawful and void. No unmarried woman shall tmM.ui"!: '"" legally consent to .sexual intercourse who shall not have attained the ago of fourteen years. 19 Section 34. The General Assembly of this State shall not en- special laws act local or special laws concerning any of the following subjects '"° or for any of the following purposes, to wit : I. To change the names of persons or places. II. To lay out, open, alter or work roads or highways. III. To incorporate cities, towns or villages, or change, amend or extend the charter thereof. IV. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under control of the State, or amend or extend thef;harters thereof. V. To incorporate school districts. VI. To authorize the adoption or legitimation of children. VII. To provide for the protection of game. VIII. To summon and empanel grand or petit jurors. IX. To provide for the age at which citizens shall be subject to road or other public duty. X. To fix the amount or manner of compensation to be paid to any County officer except that the laws may be so made as to grade the compensation in proportion to the population and ne- cessary service required. XI. In all other cases, where" a general law can be made appli- cable, no special law shall be enacted. XII. The General Assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations : Provided^ That nothing contained in this Section shall prohibit the General Assembly from enacting special provisions in general laws. XIII. The provisions of this Section shall not apply to chari- table and educational corporations where, under the terms of a gift, devise, or will, special incorporation may be required. Section .55. It shall be the duty of the General Assembly to Lands enact laws limiting the number of acres of land which any alien ^^ ^i' aliens, or any corporation controlled by aliens may own within this State. own- ARTICLE IV. EXECUTIVE DEPARTMENT. Section 1. The supreme executive authority of this State shall be vested in a Chief Magistrate, who shall be styled ''The trate. Governor of the State of South Carolina." Section 2. The Governor shall be elected by the electors duly Governor qualified to vote for members of the House of Representatives, and shall hold his office for two years, and until his successor shall be chosen and qualified, and shall be re-eligible. He shall 20 be elected at the first general election held under this Constitu- tion for members of the General Assembly, and at each general election thereafter, and shall be installed during the first session of the said General Assembly after his election, on such day as state officers, shall be provided by law. The other State officers-elect shall at the same time enter upon the performance of their duties. Quaiitica- SECTION 3. No person shall be eligible to the oflice of Governor eniOT "^ ^°^' ^*^" denies the existence of the Supreme Being ; or who at the time of such election has not attained the age of thirty years ; and who shall not have been ij citizen of the United States and a citizen and resident of this State for five years next preceding the day of election. No person while governor shall hold any office or other commission (except in the militia) under the authority of this State, or of any other power, at one and the same time. Section 4. The returns of every election for Governor shall Boards of 5^ sealed up by the Boards of C'anvassers in the respective Coun- Canvassers i^ .' 1 . 1 . transrnit re- ties, and transmitted, by mail, to the seat of Government, di- tion^for r.nv- rected to the Secretary of State, who shall deliver them to the ernor. Speaker of the House of Representatives at the next ensuing ses- sion of the General Assembly ; and duplicates of said returns shall be filed with the Clerks of the Courts of said Counties. It shall be the duty of any Clerk of Court to forward to the Secre- tary of State a certified copy of said returns upon being notified that the returns previously forwarded by mail have not been received at his office. It shall be the duty of the Secretarj' of State, after the expiration of seven days from the day upon which the votes have been canvassed by the County Board, if the returns thereof from any County have not been received, to notify the Clerk of the Court of said County, and order a copy of the returns filed in his office to be forwarded forthwith. The Sec- 1 i'^T™ d '^'tt retary of State shall deliver the returns to the Speaker of the House 01'' Rep* ^ouse of Representatives, at the next ensuing session of the Gen- resentatives. eral Assembly; and during the first week of the session, or as soon as the General Assembly shall have organized by the elec- tion of the presiding officers of the two liouses, tlie Speaker shall open and publish them in the presence of both houses. The per- son having the highest number of votes shall be Governor ; but if two or more shall be equal, and highest in votes, the General Assembly shall during the same session, in the House of Repre- Coniested sentatives, choose one of them Governor rivK voce. Contested elections for Governor shall be determined by the General Assem- bly in such manner as shall be prescribed by law. Lieutenant SECTION r,. A Lieutenant Governor siiall be chosen at the Governor. same time, in the same manner, continue in office for the same period and be possessed of the same qualifications as the Gov- ernor, and shall e.v officio, be President of the Senate. v.iteotLieu- Sb;( TicN 0. The Lieutenant Governor while presiding in the teiiaut Gover- y^j^j^j^, ^i^^jj jj^^g m, ^,,jtg_ Unless the Senate be equally divided. 21 Section 7. The Senate shall, as soon as practicable after the President pro convening of the General Assembly, choose a President pro tern- '■^^p'>i'<^°^*^^'^- pore to act in the absence of the Lieutenant Governor, or when he shall fill the office of CJovernor. Section 8. A member of the Senate acting as Governor or Momber of Lieutenant Governor shall thereupon vacate his seat and another as cfo'^ei™'"^ person shall be elected in his stead. Section 9. In case of the removal of the Governor from office vacancy in by impeachment, death, resignation, disqualification, disability, ernor or i^cu- or removal from the State, the Lieutenant Governor shall then be no5?^"how°mi- Governor ; and in case of the removal of the last named officer '^'*- from his office by inipeachment, death, resignation, disqualifica- tion, disability, or removal from the State, the President pro tem- pore of the Senate shall be Governor ; and the last named officer shall then forthwith, by proclamation, convene the Senate in order that a President pro tempore may be chosen. In case the Governor be impeached, the Lieutenant Governor shall act in his stead and have his powers until judgment in the case shall have been pronounced. In case of the temporary disability of the Governor the Lieutenant Governor shall perform the duties of the Governor. Section 10. The Governor shall be Commander-in-Chief of .C!o™.™/nder- m-Chiei. the militia of the State, except when they shall be called into the active service of the United States. Section U. He shall have power to grant reprieves, com- mutations and pardons after conviction (except in cases of im- peachment), in such manner, on such terms and under such restrictions as he shall think proper; and he shall have power Pardons, to remit fines and forfeitures, unless otherwise directed by law. It shall be his duty to report to the General Assembly, at the next regular session thereafter, all pardons granted by him, with the report of the Board of Pardons. Every petition for pardon or commutation of sentence may be first referred by him to a Board of Pardons, to be provided by the General Assembly, which ^^ rdofPar- Board shall hear all such petitions under such rules and regu- dons. lations as the General Assembly may provide. The Governor may adopt the recommendations of said Board, but in case he does not he shall submit his reasons to the General Assembly. Section 12. He shall take care that the laws be faithfully ex- Laws exe- , , . . cuted. ecuted in mercy. Section 13. The Governor and Lieutenant Governor shall, at tion o™Sover- stated times, receive for their services compensation, which shall fen'an't'^GovCT- be neither increased nor diminished during the period for which nor. they shall have been elected. Section 14. All officers in the Executive Department, and all officers and Boards of public institutions, shall, when required by the Gov- to^Gove/nm™ ' ernor, give him information in writing upon any subject relating to the duties of their respective offices or the concerns of their sions. respective institutions, including itemized accounts of receip <3 and disbursements. Information SECTION 15. Tlie Governor shall, from time to time, give to to Legislature, the General Assembly information of the condition of the State, and recommend for its consideration such measures as he shall deem necessary or expedient. Section 16. He may on extraordinary occasions convene the Extra ses- General Assembly in extra session. Should either house remain without a quorum for five days, or in case of disngreement be- tween the two houses during any session with respect to the time Governor of adjournment, he may adjourn them to such time as he shall atnerarA"- think proper, not beyond the time of the annual session then next sembly. ensuing. Commissions. SECTION 17. He shall commission all officers of the State. Seal of state SECTION 18. The Seal of the State now in use shall be used by the Governor officially, and shall be called "The Great Seal of the State of South Carolina." Graiits and SECTION 19. All grants and commissions shall be issued in the commissions, ^^me and by the authority of the State of South Carolina, sealed with the Great Seal, signed by the Governor, and countersigned by the Secretary of State. Oath of Gov- Section 20. The Governor and Lieutenant Governor, before L^ieutenan't ^^'itering upon the duties of their respective offices, shall take and Governor. subscribe the oath of office as prescribed in Article III, Section 26, of the Constitution. Residence of SECTION 21. The Governor shall reside at the Capital of the Governor. State, except in cases of contagion or the emergencies of war ; but during the sittings of the General Assembly he shall reside where its sessions are held. Section 22. Whenever it shall be brought to the notice of the Governor by affidavit that any officer who has the custody of public or trust funds is probably guilty of embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper Suspension off'^^'r, and upon true bill found the Governor shall suspend such of officers. officer and appoint one in his stead, until he shall have been ac- quitted by the verdict of a jury. In case of conviction the office shall be declared vacant and the vacancy tilled as may be pro- vided by law. R?so'iuu'on Section 23. Every Bill or Joint Resolution -.vhich shall have must be sign- passed the General A.s,sembly, except on a question of adjourn- by the Gotct- ™ent, shall, before it becomes a law, be presented to the Gov- "<"■. ernor, and if he approve he shall sign it; if not, he shall return it, with his objections, to the house in which it originated, whiuh shall enter the objection at large on its Journal and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass it, it shall be sent, together with the ob- jections, to the other house, by which it shall be reconsidered, 23 and if approved by two-thirds of that house it shall have the same effect as if it had been signed by the Governor; but in all such cases the vote of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the Bill or Joint llesolution shall be entered on the Journals of both houses respectively. Bills appropriating money out of the Treas- ury shall specify the objects and purposes for which the same are made, and appropriate to them respectively their several amounts in distinct items and Sections. If the Governor shall not approve any one or more of the items or Sections contained In any Bill, but shall approve of the residue thereof, it shall become a law as to the residue in like manner as if he had signed it. The Gov- ernor shall then return the Bill with his objections to the items or Sections of the same not approved by him to the house in which the Bill originated, which house shall enter the objections at large upon its Journal and proceed to reconsider so much of said Bill as is not approved by the Governor. The same proceed- ings shall be had in both houses in reconsidering the same as is provided in case of an entire Bill returned by the Governor with his objections; and if any item or Section of said Bill not ap- proved by the Governor shall be passed by two-thirds of each house of the General Assembly, it shall become apart of said law notwithstanding the objections of the Governor. If a Bill or Joint Resolution shall not be returned by the Governor within three days after it shall have been presented to him, Sundays ex- cepted, it shall have the same force and effect as if he had signed it, unless the General Assembly, by adjournment, prevent its re- turn, in which case it shall have such force and efiect unless re- turned within two days after the next meeting. Section 24. There shall be elected by the qualified voters of otiKr state the State a Secretary of State, a Comptroller-General, an Attor- offl^ere. ney-General, a Treasurer, an Adjutantand Inspector-General, and a Superintendent of Education, who shall hold their respective offices for the term of two years, and until their several successoi's have been chosen and qualified ; and whose duties and compensa- tion shall be prescribed by law. The compensation of such officers shall be neither increased nor diminished during the period for which they shall have been elected. ARTICLE V. JUDICIAL DEPARTMENT. Section 1 . The judicial power of this State shall be vested in judicial a Supreme Court, in two Circuit Courts, to wit: A Court of Com- Fn^^c'erTafn mon Pleas having civil jurisdiction and a Court of General Ses- Courts. 24 sions with criminal jurisdiction only. The General Asisenibly may also establish County Courts, Municipal Courts and such Courts in any or all of the Counties of this State inferior ti) Cir- cuit Courts as may be deemed necessary, but none of such Courts shall ever be invested with jurisdiction to try cases of murder, manslaughter, rape or attempt to rape, arson, common law burglary, bribery or perjury: Provided, Before a County Court shall be established in any County it must be submitted to the qualified electors and a majority of those voting must vote for its establishment. Supreme SECTION 2. The Supreme Ctourt shall consist of a Chief .Justice Court. ^„jj ^[^^gg Associate Ju.stices, any three of whom shall constitute a quorum for the transaction of business. The Chief Justice shall preside, and in his absence the senior Associate .Justice. They shall be elected by a joint viva voce vote of the General Assembly for the term of eight years, and shall continue in office until their successors shall be elected and qualified, and shall be so classified that one of them shall go out of office every two years. Present Chief SECTIONS. The present Chief .Justice and Associate Justices iTsoc^ate'jus^- of ^^e Supreme Court are declared to be the Chief Justice and two tice. of the Associate Justices of said Court as herein established until the terms for which they were elected shall expire, and the (ien- eral Assembly at its next session shall elect the third Associate Justice and make suitable provision for accomplishing the classi- fication above directed. Jurisdiction SECTION 4. The Supreme Court shall have power to issue writs Coul't"'"^''""' or orders of injunction, mandamus, quo warranto, prohibition, certiorari, habeas corpus and other original and remedial writs. And said Court shall have appellate jurisdiction only in cases of chancery, and in such appeals they shall review the findings of fact as well as the law, except in chancery cases where the facts are settled by a jury and the verdict not set aside, and shall con- stitute a C^ourt for the correction of errors at law under such reg- ulations as the General Assembly may by law prescribe. Held twice a SECTION 5. The Supreme Court shall be held at least twice in taT"^ **' '''*'"" each year at the seat of government and at such other place or places in the State as the General Assembly may direct. DisquaMHca- SECTION 6. No Judge shall preside at the trial of any cause in i'n"ce/uiMi ^^^^^'^"*°*^^'^''^^^ ^® ™*y '^^ interested, or when either of the cases. parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel or have presided in any inferior Court. In ease all or any of the Justices of the Supreme Court shall be thus disqualified, or be otherwise prevented from presiding in any cause or causes, the Court or the Justices thereof shall certify the same to the Governor of the State, and he shall immediately „ . , commission, specially, the requisite number of men learned in the howniied. ' law for the trial and determination thereof. The same course 25 shall be pursued In the Circuit and inferior Courts as is prescribed in this Section for cases of the Supreme Court. The General As- sembly shall provide by law for the temporary appointment of Holding cir- men learned in the law to hold either special or regular terms of ^""^ •^""'■*'*- the Circuit Courts whenever there may be necessity for such ap- pointment. Section 7. There shall be appointed by the .Justices of the Supreme Court a Reporter and a Clerk of said Court, who shall Reporter. hold their offices for four years, and whose duties and compensa- tion shall be prescribed by law. Section 8. When a judgment or decree is reversed or aftirmed JiKigment of ,, JB Supreme by the Suprettie Court, every point made and distinctly stated in Court. the cause and fairly arising upon the record of the case shall be considered and decided, and the reason thereof shall be concisely and briefly stated in writing and preserved with the record of the case. Section 9. The Justice of the Supreme Court and Judges of compensa- the Circuit Court shall each receive compensation for their ser- and ?/ustices!^ vices to be fixed by law, which shall not be increased or dimin- ished during their continuance in office. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State, the United States, or any other power. Section 10. No person shall be eligible to the office of Chief QuaUflca- Justice, Associate Justice or Judge of the Circuit Court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of twenty-six years, has not been a licensed attorney at law for at least five years, and been a resident of this State for five years next preceding his election. Section 11. All vacancies in the Supreme Court or inferior vacancies, tribunals shall be filled by elections as herein prescribed : Pro- vldexl, That if the unexpired term does not exceed one year such vacancy may be filled by Executive appointment. All Judges, by virtue of their office, shall be conservators of the peace conservators. throughout the State ; and when a vacancy is filled by either ap- unexpired point ment or election, the incumbent shall hold only for the un- '*''™- expired terin of his predecessor. Section , 12. In all eases decided by the Supreme Court the Throe neces- concurrence of three of the Justices shall be necessary for a versai. ^""^ '^" reversal of the judgment below, but if the four Justices equally divide in opinion the judgment below shall be affirmed, subject to the provisions hereinafter prescribed. Whenever, upon the hearing of any cause or question before the Supreme Court, in the exercise of its original or appellate jurisdiction, it shall appear to the Justices thereof, or any two of them, that there is involved a question of constitutional law, or of conflict between the Consti- constitution- tution and laws of this State and of the United States, or between ^^ questions. the duties and obligations of her citizens under the same, upon 26 the determination of whicii the entire Court is not agreed ; or whenever the Justices of said Court, or any two of tliem, desire it on any cause or question so before said Court, the Chief Justice, or in his absence the presiding Associate Justice, shall call to the assistance of the Supreme Court all of the Judges of the Circuit Judge shall Court: Provided, however, That when the matter to be submit- not sit. ted is involved in an appeal froiri the Circuit Court, the Circuit Judge who tried the cause shall not sit. A majority of the Jus- tices of the Supreme Court and Circuit Judges shall constitute a quorum. The decision of the Court so constituted, or a majority of the Justices and Judges sitting, shall be final and conclusive. In such case the Chief Justice, or in his absence the presiding As- N u m b e r s(K'iate Justice, shall preside. Whenever the Justices of the Su- mustretfre" " preme Court and the (iircuit Judges meet together for the pur- poses aforesaid, if the number thereof qualified to sit constitute an even number, then one of the Circuit Judges must retire; and the Circuit Judges present shall determine by lot which of their number shall retire. Judicial Cir- SECTION 13. The State shall be divided into as mary Judicial """''• Circuits as the General Assembly may prescribe, and for each Cir- cuit a Judge shall be elected by joint viva voce vote of the General Assembly, who shall hold his office for the term of four years ; and at the time of his election he shall be an elector of a County Judges.'"" ° of, and during his continuance in office he shall reside in, the Cir- Present *-'"•* of which he is Judge. The present Judges of the Circuit Judges. Courts shall continue in office until the expiration of the terms for which they were elected, and, should a new division of the Judicial Circuits be made, shall be the Judges of the respective Circuits in which they shall reside after said division. Interchange SECTION 1-J. Judges of the Circuit Courts thall interchange of Circuits. Circuits with each other, and the General Assembly shall provide therefor. Section 15. The Courts of Common Pleas shall have original Jurisdiction jurisdiction, subject to appeal to the Supreme Court, to issue writs of C o u r t s ■" ' . . . of c o m m on or orders oi injunction, mandamus, habeas corpus, and such other ^'<=*^- writs as may be necessary to carry their powers into full effect. They shall have jurisdiction in all civil cases. They shall have appellate jurisdiction in all cases within the jurisdiction of infe- rior Courts, except from such inferior Courts from which the Gen- eral Assembly shall provide an appeal directlv to the Supreme Court. Sit twice. Section 16. The Court of Common Pleas shall sit in each County in this State at least twice in every year at such stated times and places as may be appointed by law. Decisions, SECTION 17. It shall be the duty of the Justices of the Su- when filed. preme Court to file their decisions within sixty days from the last day of the Court at which the cases were heard; and the duty of the Judges of the Circuit Courts to tile their decisious within 27 sixty clays frotn the rising of ttie last Court of the Circuit then being held. Section 18. The Court of General Sessions shall have jurisdic- comtofGen- tion in all criminal oases except thosecasesin which exclusive juris- '"''^' '^'=**'*'''"s- diction shall be given to inferior Courts, and in those it shall have appellate jurisdiction. It shall also have concurrent jurisdiction with, as well as appellate jurisdiction from, the inferior Courts in all cases of riot, sussault and battery, and larceny. It shall sit in each County in the State at least twice in each year at such stated times and places as the Genral Assembly may direct. Section 19. The Court of Probate shall remain as now es- Court of Pro- tablished in the County of Charleston. In all other Counties of the State the jurisdiction in all matters testamentary and of ad- ministration, in business appertaining to minors and the allot- ment of dower, in cases of idiocy and lunacy, and persons non compos mentis, shall be vested as the General Assembly may pro- vide, and until such provision such jurisdiction shall remain in the Court of Probate as now established. Section 20. A sufficient number of Magistrates shall be ap- Magistrates. fiointed and commissioned by the Governor, by and with the ad- viceand consent of theSenate, for each County, whoshall hold their Term of office, offices for the term of two years and until their successors are ap- pointed and qualified. Each Magistrate shall have the power, under such regulations as may now or hereafter be provided by law, to api)oint one or more Constables to execute writs and pro- Constables, cesses issued by him. The present Trial Justices are declared Magistrates as herein created, and shall exercise the powers and duties of said office of Magistrate until their successors shall be appointed and qualified. Each Magistrate shall receive a salary, Salary. to be fixed by the General Assembly, in lieu of all fees in crimi- nal cases. Section 21. Magistrates shall have jurisdiction in such civil o/^^ifj^jrates. cases as the General Assembly may prescribe : Provided, Such jurisdiction shall not extend to cases where the value of property in controversy, or the amount claimed, exceeds one hundred dol- lars, or to cases where the title to real estate is in question, or to cases in chancery. They shall have exclusive jurisdiction in such criminal cases as the General Assembly may prescribe : Provided, furtlter. Such jurisdiction shall not extend to cases where the punishment exceeds a fine of one hundred dollars or imprison- ment for thirty days. In criminal matters beyond their jurisdic- tion to try, they shall sit as Examining Courts, and commit, dis- Examining charge or (except in capital cases) recognize persons charged with such offences, subject to such regulations as the General Assembly may provide. They shall also have the power to liind over to keep the peace and for good behavior for a time not to exceed twelve months. 28 Trial by Jury. SECTION 22. All persoiis charged With an offenceshall have the right to demand and obtain a trial by jury. The jury in cases Juryininfe- civil or criminal in all municipal Courts, and Courts inferior to rior Courts. ,,. . „ ^ ,„ , . r ......h Circuit Courts shall consist of six. The grand jury ot eacn Grand jury. County shall Consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Petit jury. The petit jury of the Circuit Courts shall consist of twelve men, all of whom must agree to a verdict in order to render the same. tiSisofVnrort ^^^^ J""""*" """s* ^^^ '"^ qualified elector under the provisions of this Constitution, between the ages of twenty-one and sixty-five years and of good moral character. Jit^.-'istratc? Section 23. Every civil action cognizable by Magistrates Courts." '^ "^^ shall be brought before a Magistrate in the County where the de- fendant resides, and every criminal action in the County where the offence was conimitted. In all cases tried by them, the right of appeal shall be secured under such rules and regulations as may be provided by law: Provided, That in Counties where Magistrates have separate and exclusive territorial jurisdiction, criminal causes shall be tried in the Magistrate's district where the offence was committed, subject to such provision for change of venue from one Magistrate's district to another in the same County as may be provided by the General Assembly. p«,„„o„cn Section 24. All officers other than those named in Section tion for all nine provided for in this Article shall receive for their services e .. ^^^^ compensation as the General Assembly may from time to time by law direct. Powers at SECTION 25. Each of the Justices of the Supreme Court and Chamberi?. Judges of the Circuit Court shall have the same jxiwer at cham- bers to issue writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and interlocutory writs or orders of injunc- tion as when in open Court. The Judges of the Circuit Courts shall have such powers atchambers as the General Assembly may provide. Charge t«.ju- SECTION 26. Judges shall not Charge juri&s in respect to mat- "«^s- ters of fact, but shall declare the law. Section 27. There shall be elected in each County, by the electors thereof, one Clerk for the Court of Common Pleas, who Clerk otcourt. g^all hold his oftice for the term of four years, and until bis suc- cessor shall be elected and qualified. He shall, by virtue of hi;- office, be Clerk of all other Courts of record held therein, but the General Assembly may provide by law for the election of a Clerk, with a like term of office, for each or any other of the Courts of record, and may authorize the Judge of the Probate Court to per- form the duties of Clerk for his Court under such regulations as the General Assembly may direct. Clerks of Courts shall here- movable for such cause and in such manner as shall be prescribed by law. 29 Section 28. There shall bean Attorney General for the State, Attorney who shall perform such duties as may be prescribed by law. He ''''"''™ • shall be elected by the qualified electors of the State for the term of two years, and shall receive for his services such compensation as shall be fixed by law. Section 29. There shall be one Solicitor for each Circuit, who solicitor. shall reside therein, to be elected by the qualified electors of the Circuit, who shall hold his office for the terra of four years, and shall receive for his services such compensation as shall be fixed by law. In all cases when an Attorney for the State of any Cir- cuit fails to attend and prosecute according to law, the Court shall have power to appoint an Attorney pro tempore. In the event of the establishment of County Courts the General Assembly may provide for one Solicitor for each County in the place and instead of the Circuit Solicitor, and may prescribe his powers, duties and compensation. Section 30. The qualified electors of each County shall elect whenff and a Sheriff and Coroner for the term of four years, and until their °'''°^'- successors are elected and qualified ; they shall reside in their re- spective Counties during their continuance in office, and be dis- qualified for the office a second time if it should appear that they, or either of them, are in default for moneys collected by virtue of their respective otfiees. Section 31. All writs and processes shall run and all prosecu- Writs, tions shall be conducted in the name of the State of South Caro- lina ; all writs shall be attested by the Clerk of the Court from which they shall be issued; and all indictment shall conclude indictments. "against the peace and dignity of the State." Section 32. The General Assembly shall provide bylaw for Decision of the speedy publication of the decisions of the Supreme Court court. ' "^ ™ ** made under this Constitution. Section 33. Circuit Courts and all Courts inferior thereto and sentence to municipal Courts shall have the power, in their discretion, to im- ways. pose sentence of labor upon highways, streets and other public works upon persons by them sentenced to imprisonment. Section 34. All matters, civil and criminal, now pending Matters now pending within the jurisdiction of any of the Courts of this State shall continue therein until disposed of according to law. ARTICLE VI. JUEISPEUDENCE. Section 1. The General Assemblj"- shall pass laws allowing Arbitration. differences to be decid?d by arbitrators, lo be appointed by the parties who may choose that mode of adjustment. venue. uity. 30 Section 2. It shall be the duty of the General Assembly to ciiange of pass laws for the change of venue in all cases, civil and criminal, over which the Circuit Courts have original jurisdiction, upon a proper sliowing, supported by affidavit, that a fair and impartial trial cannot be had in the County where such action or prosecution was commenced. The State shall have the same right to move for a change of venue that a defendant has for such offences as the General Assembly may prehcribe. Unless a change of venue be had under the provisions of this Article the defendant shall be tried in the County where the offence was committed : Provided, however, That no change of venue shall be granted in criminal cases until after a true bill has been found I)y the grand jury: And Provided, further, That if a change be ordered it shall be to a County in the same Judicial Circuit. Law and eq- SECTION 3. Justice shall be administered in a uniform mode of pleading without distinction between law and equity. statute pub- SECTION 4. Every Statute shall be a public law, unless other- wise declared in the Statute itself. Section 5. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment or election of a Commissioner, whose duty it shall lie to collect and revise all the General Statute law of this State then of force as well as that which shall be passed from time to time, and to properly index and arrange the said Statutes when so passed. Codification And the said CommissioTier shall reduce into a systematic (V)de the general statutes, including the Code of Civil Procedure, with all the amendments thereto, and shall, on the first day of the ses- sion for the year nineteen hundred and one, and at the end of every subsequent period of not more than ten years, report the result of his labors to the General Assembly, with such recom- mendations and suggestions as to the abridgment and amend- ments as may be deemed necessary or proper. Said report when ready to be made, shall be printed and a copy thereof laid upon the desk of each member of both houses of the General Assem- bly on the first day of the first session, but shall not be taken up for consideration until the next session of said General Assembly. The said Code shall be declared by the General Assembly, in an Act passed according to the forms of this Constitution for the en- actment of laws, to be the only general statutory law of the State; but no alterations or additions to any of the laws therein contained shall be made except by Bill passed under the formali- ties heretofore prescribed for the passage of laws. Provision shall be made by law for filling vacancies, regulating the term of oflice and th(! compensation of said Commissioner, not exceeding five hundred dollars per annum, and imposing such other duties as may be desired. And the General Assembly shall by committee inquire into the progress of his work at each session. 81 Section 6. In the case of any prisoner lawfully in the charge, Prisoner custody or control of any officer, State, County or municipal, tu'rouKh liegi?- being seized and taken from said officer through his negligence, eei^J.'" "p.^JJff : permission or connivance, by a mob or other unlawful assemblage «" ohicer. of persons, and at their hands suffering bodily violence or death, the said officer shall be deemed guilty of a misdemeanor, and, upon true bill found, shall be deposed from his office pending his trial, and upon conviction shall forfeit his office, and shall, unless pardoned by the Governor, be ineligible to hold any office of trust or profit within this State. It shall be the duty of the Prosecut- ing Attorney within whose Circuit or County the offence may be committed to forthwith institute a prosecution against said officer, who shall be tried in such County, in the same Circuit, other than the one in which the offence was committed, as the Attorney General may elect. The fees and mileage of all material witness- es, both for the State and for the defence, shall be paid by the State Treasurer, in such manner as may be provided by law: Provided, In all cases of lynching when death ensues, the County where such lynching takes place shall, without regard to the con- duct of the officers, be liable in exemplary damages of not less than two thousand dollars to the legal representatives of the per- son lynched: Provided, further, Thai 'Any County against which county liable a judgment has been obtained for damages in any case of lynch- &"" 'lavages. ing shall have the right to recover the amount of said judgment from the parties engaged in said lynching in any Court of compe- tent jurisdiction. ARTICLE VII. COUNTIES AND COUNTY GOVERNMENT. Section 1. The General Assembly may establish new Coun- ties in the following manner : Whenever one-third of the quali- Formation of tied electors within the area of each section of an old County pro- ""^ counties. posed to be cut off to form a new County shall petition the Gov- ernor for the creation of a new County, setting forth the bounda- ries and showing compliance with the requirements of this Arti- cle, the Governor shall order an election, withina reasonable time thereafter, by the qualified electors within the proposed area, in which election they shall vote "Yes" or "No" upon the question ^, --, , 1 J. J » , J . . County seat of creating said new County ; and at the same election the ques- and name. tion of a name and a County seat for such County shall be submit- ted to the electors. Section 2. If two-thirds of the qualified electors voting at such election shall vote "Yes" upon such questions, then the Gen- eral Assembly at the next session shall establish such new Coun- ty : Provided, No section of the County proposed to be dismem- ^fuJ^tTto^be bered shall be thus cut off without consent by a two-thirds vote cut oft: 32 of those voting in such section; and no County shall dp formed withoutcomplying with all the conditions imposed m this Article. An election upon the question of forming the same pro- posed new County shall not be held oftener than once in four years, iniiabitant.s SECTION 3. No new County hereafter formed shall contain ertls area'°S- less than one one hundred and twenty-fourth part of the whole new County. „u,j,her of inhabitants of the State, nor shall it have less assessed taxable property than oneand one half niillionsof dollars as shown by the last tax returns, nor shall it contain less area than four hundred square miles. Area, taxa- SECTION 4. No old County shall be reduced to less area than a'f. (i"fnimbn; ^"'^ hundred square miles, to less assessed taxable property^ than ants of old two million dollars, nor to a smaller population than fifteen thousand inhabitants. Eight mile Section .5. In the formation of new Counties no old County limit. j^i^a^jj ];,g cut ^^ithhi eight miles of its court house building. Indebtedness. SECTION 6. All new Counties hereafter formed shall bear a just apportionment of the valid indebtedness of the old County or Counties from which they have been formed. Alteration of SECTION 7. The General Assembly shall have the power to County lines, ^j^^^^ County llues at any time : Provided, That before any exist- ing County line is altered the question shall be first submitted to the qualified electors of the territory proposed to befallen from one County and given to another, and shall have received two- thirds of the votes cast : Providedfiui./u'i; That the change shall not reduce the County from which the territory is taken below the limits prescribed in Sections 3, 4 and •'> of this Article : Pro- vided, That the proper proportion of the existing County indebt- edness of the section so transferred shall be assumed by the Coun- ty to which the territory is transferred. Removal of SECTIONS. No County seat shall be removed except by a vote County seat. ^^ two-thirds of the qualified electors of said County voting in an election held for that purpose, but such election siiall not be held in any County oftener than once in five years. Election dis- SECTION 9. Each County shall constitute One election district, corporate"'''* and shall be a body politic and corporate, consoiida- SECTION 10. The General Assembly may provide for the con- tion of two or solidation of two or more existing Counties if a maioritv of the more Counties ,.„-,,. .. , ^, ... qualified electors of such Counties voting at an election held for that purpose shall vote separately therefor, but such election shall not be held oftener than once in four years in the same Counties. Townsiiips. Section 11. Each of the several townships of this state, with names and boundaries as now established by law, shall constitute Bod'corpor- a body politic and Corporate, but this shall not prevent the Gen- ate, eral Assembly from organizing other townships or changino- t|^p boundaries of those already established ; and the (ieneial .\sseni- bly may provide such system of townshiii government as it shall 33 think proper in any and all the Counties, and may make special Tbwnship provision for municipal government and for the protection of government, chartered rights and powers of municipalities. Section 12. Until changed bv the General Assembly, as Boundaries , , , , b .' ■' ' Of Ckjunties. allowed by this Constitution, the boundaries of the several Counties shall remain as now established, except that the boun- daries of the County of Edgefield shall undergo such changes as are made necessary by the formation of a new County from a portion of Edgefield, to be known as Saluda, the boundaries of Boundaries which are set forth in a Constitutional ordinance. The election saiuda" a^'d ordered in said ordinance for the location of its County seat shall Edgefield. be held under the Constitution and laws now of force. And the General Assembly shall provide for the assessment of property in the County of Saluda for the fiscal year beginning January first, eighteen hundred and ninety-six, and for the collection of said taxes when assessed. Section 13. The General Assembly may at any time arrange Judicial and the -various Counties into Judicial Circuits, and into Congressional Districts!' °"'^ Districts, including the County of Saluda, as it may deem wise and proper, and may establish or alter the location of voting pre- cincts in any County. Section 14. Hereafter no County lines shall be so established ^^^° through as to pass through any incorporated city or town of this State, city or town" ARTICLE VIII. municipal cobpobations and police eegulations. Section 1. The General Assembly shall provide by general organization laws for the organization and classification of municipal corpora- f/^^ ofmun?- tions. The powers of each class shall be defined so that no such cipai corpora- corpf)rations shall have any powers or be subject to any restric- tions other than all corporations of the same class. Cities and towns now existing under special charters may reorganize under the general laws of the State, and when so reorganized their special charters shall cease and determine. Section 2. No city or town shall be organized without the Electors must consent of the majority of the electors residing and entitled by ganizatioS. °'^' law to vote within the district proposed to be incorporated ; such consent to be ascertained in the manner and under such regulations as may be prescribed by law. Section 3. The General Assembly shall restrict the powers of cities and towns to levy taxes and assessments, to borrow rp^^^gg money and to contract debts, and no tax or assessment shall be levied or debt contracted except in pursuance of law, for public purposes specified by law. Section 4. No law shall be passed by the General Assembly ^^^,^^ ^.^_ granting the right to construct and operate a street or other rail- way, 4c. 34 way, telegraph, telephoiif or electric plant, or to erect water or gas works for public uses or to lay mains for any purpose, without first obtaining- the consent of the local authorities in control of the streets or public places jsroposed to be occupied for any such oi like purposes. Waterworks SECTION 5. Cities and towns may acquire, by construction or and plants for , , . ■ ^ ,„^i .Janta fnr furnishing purchase, and may operate, water works systems ana piaius lui iife'iits. furnishing lights, and may furnish water and lights to individu- als, firms and private corporations for resi-sonable compensation : Provided, That no such construction or purchase shall be made except upon a majority vote of the electors in said cities or to\vns who are qualified to vote on the bonded indebtedness of said cities or towns. Corporate Hection G. The corporate authorities of cities and towns in miifonn':"" '"' this State shall be vested with power to assess and collect taxes for corporate purposes, said taxes to be uniform. in respect to persons and property within the jurisdiction of the bod3' compos- ing the same; and all the property, except such as is exempt by law, within the limits of cities and towns shall be taxed for the License. payment of debts contracted under authority of law. License or privileged taxes imposed shall be graduated so as to secure a just imposition of such tax upon the classes subject thereto. Section 7. No city or town in this State shall hereafter incur Bonded debt, any bonded debt which, including existing bonded indebtedness, shall exceed eight per centum of the assessed value of the taxable property therein, and no such debt shall be created without sub- mitting the question as to the creation thereof to the qualified electors of such city or town, as provided in this Constitution for such special elections ; and unless a majority of such electors vot- ing on the question shall be in favor of creating such further indebtedlless"' bonded debt, none shall be created : Provided, That this Section shall not be construed to prevent the issuing of certificates of indebtedness in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year when such certificates are issued and payable out of such taxes : .4?!dproy/V.terf, /Mr^/if.r, That such cities and towns shall on the is- suing of such bonds create a sinking fund for the redemption sinifing fund, thereof at maturity. Nothing herein contained shall prevent the Ke'.ui\'}i"g issuing of bonds to an amount sufficient to refund bonded indebt- edness existing at the time of the adoption of this Constitution. Section s. cities and towns may exempt from taxation, by uhi.'s may'Y." general or special ordinance, except for school purposes, niami- texaiion.''""' 'aotories established within their limits for five successive years from the time of the establishment of such manufactories: Pro- ridnl, That such ordinance shall be first ratified by a majority of such qualified electors of such city or town as shall vote at aii election h(;ld for that purpose!. 35 Section 9. No armed police force or representatives of a de- Armed police tective agency sliall ever be brought into tliis State for the sup- ^"™'^' pression of domestic violence ; nor shall any other armed or un- armed body of men be brought ^n for that purpose, except upon the application of the General Assembly or of the Executive of this State (when the General Assembly is not in session), as provided in the Constitution of the United States. The Gener- al Assembly shall provide proper penalties for the enforcement of the provisions of this Section. Section 10. It shall be the duty of the General Assembly to Boards oi create Boards of Health wherever they may be necessary, giving Health, to them power and authority to make such regulations as shall protect the health of the community and abate nuisances. Section 11. In the exercise of the police power the General Assembly shall have the right to prohibit the manufacture and sale and retail of alcoholic liquors or beverages within the State. Aieoiioiic a- The General Assembly may license persons or corporations to erages. manufacture and sell and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems proper ; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, County and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as itdeems expedient: Provided, That no license shall be granted to sell alcoholic beverages in less quantities than one-half pint, or to sell them between sundown and sunrise, or to sell them to be drunk on the premises: And provided, further, That the General Assetribly shall not delegate to any municipal corporation the power to issue licenses to sell the same. Section 12. All prize-fighting is prohibited in this State, and Prize fighting, the General Assembly shall provide by proper laws for the pre- vention and punishment pf the same. ARTICLE IX. coepoeations. Section 1. The term corporation as used in this Article in- corporation eludes all associations and joint stock companies having powers ''®*'"'^"- and privileges not possessed by individuals or partnerships, and excludes municipal corporations. Section 2. No charter of incorporation shall be granted, charter of changed or amended by special law, except in the case of such incorporation, charitable, educational, penal or reformatory corporations as may 36 be under the control of tlie State, or may be provided for in this Constitution, but the General Assembly sliall provide by general laws for changing or amending existing charters, and for the oi- ganization of all corporations hereafter to be created, and any such law so passed, as well as all charters now existing or here- after created, shall be subject to future repeal or alteration : Pro- wded. That the General Assembly may by a two-thirds vote of each house on a concurrent resolution allow a Bill for a special charter to be introduced, and when so introduced may pass the same as other Bills. Transporting SECTION 3. All railroad, express, canal and other corporations '^ '™';™!^: engaged in transportation for hire, and all telegraph and other ns taxed is corporations engaged in the business of transmitting intelligence and transmit ting corpora- tions for hire are common carriers in their respective lines of business, and are subject t(j liability and taxation as such. It shall be un- lawful for any such corporation to make any contract relieving it coiiirnoniaw of its common law lialiility or limiting the same, in reference to la 1 ity. jj^g carriage of passengers. Agpntof cor- SECTION 4. Evcry corporation organized or doing business in poration. (-jjjj^ State, Other than religious, educational or benevolent associa- tions, shall have and maintain at least one agent in this State utnceof cor- upon whom process may be served, and at least one public office poration. for the transaction of its business: Provided, This Section shall not apply to mercantile corpoi-ations: Provided, That nothing contained in this Section shall be construed to prohibit the Gen- eral Assembly from providing for the service of process on any agent of a corporation so as to bind such corporation. Discrimina- SECTION 5. No discrimination in charges or facilities for trans- tiijnin ciiarg- pgi-tation Of the same classes of freight or passengers, or for the transmission of intelligence within this State, or coming from or going to any other State, shall he made by any railroad or otiier transportation or transmission company between places or per- .sons. Persons and property transported by any railroad or any other transportation or transmission company or corporation, shall be delivered at any station, landing or port at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, tiJ^iet" '"'"°" landing or port. E.xcursion and commutation tickets may be is- sued at special rates. This Section shall not prevent the Railroad Competitive Commission from making such comiietitive rates as shall, in their rates. judgment, be just and equitable between the railroads and the public, at all junctional and competitive points or at points where water competition controls the traffic or at points where the com- petition of points located in other States may make necessary the prescribing of difl'erent rates for the protection of the commerce of this State. 37 Section 6. Any milroad or other transportation corporation, Trausporta- aud any telegraph or other transmitting corporation, organized m*^^V '"onnect under the laws of this State, shall have the right to connect its of .anutricr "'''^ roads or lines, at the State line, with those in other States, and shall have the right to intersect witli or cross any other railroad, street railway, transportation road or transmitting line, and shall each receive and transport the freight, passengers, cars (loaded or empty) and messages delivered to it by another without delay or discrimination. Section 7. No railroad, or other transportation company, and no telegraph or other transmitting corporation, or the lessees, purchasers or managers of any such corporation, shall conscjli- Consoiida- ],,,,, , ^ ■ . . , L- -J, t'"" "I stock date the stock, property or franchises ot such corporation with, with cinnpet- or lease or purchase the works or franchises of, or in any way '"= '""^^ control, any other railroader other transportation, telegraph or other transmitting company owning or having under its control a parallel or competing line; and the question whether railroads jury nmy de- or other transportation, telegraph or other transmitting com- u'ues "u'e'par- panies are parallel or competing lines shall, when demanded by '^Vh',,,?' '""^" the party complainant, be decided by a jury as in other civil causes. Section 8. The General Assembly shall not grant to any for- ^' ° foici^-ii *' ° "^ c o r po ration eign corporation or association a license to build, operate or lease c sui ijuiki or any railroad in this State ; but in all cases where a railroad is to be ^oTA iii 'tTi'is built or operated, or is now being operated, in this State, and the '^t^'te- same shall be partly in this State and partly in another State, or in other States, the owners or projectors thereof shall first become incorporated under the laws of this State ; nor shall any foreign corporation or a.ssociation lease or operate any railroad in this State, or purchase the same or any interest therein. Consolidation of any railroad linesand corporations in this State with others shall be allowed only where the consolidated company shall become a domestic corporation of this State. No general or special law No general or spcciiil liiw shall ever be passed for the benefit of any foreign corporation for ibicisn cor- operating a railroad under any existing license of this State or un- S^pt'on'condi- der any existing lease, and no grant of any right or privilege and '''"°*'- no exemption from any burden shall be made to anj. such foreign corporation, except upon the condition that the owners or stock- holders thereof shall first organize a corporation in this State un- der the laws thereof, and shall thereafter operate and manage the same and the business thereof under said domestic charter. Section 9. The General Assembly shall have no power to grant any special charter for banking purposes, but corporations Banks. or associations may be formed for such purposes under general laws, with such privileges, powers and limitations, not inconsist- ent with this Constitution, as it may deem proper. The General Assembly shall provide by law for the thorough examination and inspection of all banking and fiscal corporations of this State. 38 stock issued Section 10. Stock or bonds shall not be issued by any corpora- for^money or ^.^^^ ^^^^ ^^^ j^^^^ ^j^^^^^ ^^^ ^^^^^^ ^j. property actually received or subscribed ; and all fictitious increase of stock or indebtedness shall be void. Section 11. The General Assembly shall provide by law tor Election ot the election of directors, trustees or managers of all corporations pSionl"""" S" that each stockholder shall be allowed to cast, in person or by proxy, as many votes as the number of shares he owns multiplied by the number of directors, trustees or managers to be elected, the same to be cast for any one candidate or to be distributed among two or more candidates. Business of SECTION 12. Corporations shall not. engage in any business e.\- corporations. ^^^ ^^^^ specifically authorized by their charters or necessarily incident thereto. Section 13. The General Assembly shall enact laws to pre- Trusts, com- vent all trusts, combinations, contracts and agreements against binations, &c. ^j^^ public welfare ; and to prevent abuses, unjust discriminations and extortion in all charges of transporting and transmitting companies ; and shall pass laws for the supervision and regula- tion of such companies by commission or otherwise, and shall provide adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their franchises. Section 14. A Commission is hereby established to be known C^mmitsion"."* as "the Railroad Commission," which shall be composed of not less than three members, whcwe powers over all transporting and transmitting corporations, and duties, manner of election and term of office shall be regulated by law ; and until otherwise provided by law the said Commissioners shall have the same powers and jurisdiction, perform the same duties and receive the same compensation as now conferred, prescribed and allowed by law to the existing Eailroad Commissioners : Provided, That the members thereof shall be elected at the expiration of the terms of the present Railroad Commissioners, who are hereby continued in office for the terms for which they were elected. Section 15. Every employee of any railroad corporation shall lem'ed i es^V have the same rights and remedies for any injury suffered by him employees. fj.yjjj ^j^g ^j^jg ^^ omi&sions of said corporations or its employees as are allowed by law to other persons not employees, when the in- jury results from the negligence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the negli- gence of a fellow servant engaged in another department of labor from that of the party injured, or of a fellow servant on another train of cars, or one engaged about a different piece of work. Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways or ai)pliances shall be no defence to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them. When death ensues from finy injury to emi)loyees, the legal or [icrsonal n'{)resentatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, expressed or implied, made by any em- ployee to waive tlie benefit of this Section shall bo null and void ; and this Section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The General Assembly may extend the remedies herein provided for to any other class of employees. Section 16. All existing charters or grants of corporate fran- Existing chise under which organizations have not in good faith taken " '*'' *^''''- place at the adoption of this Constitution shall be subject to the provisions of this Article. Section 17. The General Assembly shall never remit the for- feiture of the franchise of any corporation now chartered, nor alter nor amend the charter thereof, nor pass any general or special law for the benefit of such corporation, except upon the Laws for condition that such corporation shall thereafter hold its charter po?ffion°pass- and franchise subject to the provisions of this Constitution, and SJ' i"*" ' ■^^ "" the acceptance by any corporation of any provision of any such laws or the taking of any benefit or advantage from the same shall be conclusively held an agreement by such corporation to hold its charter and franchise under the provisions of this Article. Section 18. The stockholders of all insolvent corporations Liability of shall be individually liable to the creditors thereof only to the ex- stockholders. tent of the amount remaining due to the corporation upon the stock owned by them : P/'oytcfecZ, That stockholders in banks or in banks. banking institutions shall be liable to depositors therein in a sum equal in amount to their stock over and above the face value of the same. Section 19. Nothing prohibited in this Article shall be per- Corporatlons mitted to be done by any corporation or (wmpany, persons or per- cannot do act son, either for its or their own benefit or otherwise, t)y its or their thimigii ' con- holding or controlling in its or their own name or otherwise, or terest in^othei- in the name of any other person or persons, or other corporation corporations, or company whatsoever, a majority of the capital stock, or of bonds having voting power, of any railroad or transportation company, or corporation created by or existing under the laws of this State, or doing business within this State. Section 20. No right of way shall be appropriated to the use night of way. of any corporation until full compensation therefor shall be tirst made to the owner or secured by a deposit of money, irrespective of any benefit from any improvement proposed by such corpora- 10 tion, which compensation shall be ascertained by a jury of twelve men, in a Court of record, as shall be prescribed by law. Section 21. The General Assembly shall enforce the provis- ions of this Article by appropriate legislation. state Govern- ment. ARTICLE X. FINANCE AND TAXATION. Section 1. The General Assembly shall provide l)y law for a T^axation uniform and ecjual rate of assessment and taxation, and shall pre- nent.*^^^^^" scribe regulations to secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, the products of which alone shall be taxed ; and also ex- cepting such property as may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes: Provided, hoiuever. That the General Assembly may impose a capitation tax upon such domestic animals as from their nature and habits are dastructive of other property: And provided, further, That the General Assembly may pro vi de for a graduated tax on incomes, and for a graduated license on occupations and business. Section 2. The General Assembly shall provide for an an- Expejses of nual tax sufficient to defray the estimated expenses of the State for each year, and whenever it shall happen that the ordinary ex- penses of the State for any year shall exceed the income of the State for such year the General Assembly shall provide for levy- ing a tax for the ensuing year sufficient, with other sources of in- come, to pay the deficiency of the precetling year together witli the estimated expenses of the ensuing year. Tax shall be SECTION 3. No tax shall be levied except in pursuance of a suance'of Eivv' '^^' which shall distinctly state the object of the same; to which object the tax shall be applied. Property ex- SECTION 4. There shall be exempted from taxation all County, texation"^"™ township and municipal property used exclusively for public pur- poses and not for revenue, and the property of all schools, col- leges and institutions of learning, all charitable institutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic and indigent persons, except where the profits of such institu- tions are applied to private uses; all public libraries, churches, parsonages and burying grounds ; but property of associations and societies, although connected with charitable objects, shall not be exempt from State, County or municipal taxation : Pro- vided, That as to real estate this exemption shall not extend be- yond the buiklini^'s and premises actually occupied by such schools, colleges, institutions of learning, asylums, libraries, churches, parsonages and burial grounds, although connected with charitable objects. 41 8e(;tion 5. The corporate authorities of Counties, townships, Taxes may school districts, cities, towns and villages may be vested with corporate pu°- power to assess and collect taxes for corporate purposes; such p"'^"'*- taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. All shares of share of stockholders in any banli or banking association located in this s<'»«'^i^<''''«"'>'- State, whether now or herefrfter incorporated, or organized under the laws of this State or of the United States, shall be listed at their true value in money, and taxed for municipal purposes in the city, ward, town or incorporated village, where such bank is located, and not elsewhere: Provided, That the words "true value in money" as used in line 12 [line 12 of original MS. and line 9 of this printing.— Editor] of this Section shall be so con- strued as to mean and include all surplus or extra moneys, capital, and every species of personal property of value owned or in pos- session of any such bank : Provided, Alike rule of taxation shall apply to the stockholders of all corporations other than banking institutions. And the General Assembly shall require that all the property, except that herein permitted to be exempted with- in the limits of municipal corporations, shall be taxed for cor- porate purposes and for the payment of debts contracted under authority of law. The bondid debt of any County, townshi|), ^lY\\^t "^ school district, municipal corporation or political division or sub- division of this State shall never exceed eight per centum of the assessed value of all the taxable property therein. And no Coun- ty, township, municipal corporation or other political division of this State shall hereafter be authorized to increase its bonded in- debtedness if at the time of any proposed increase thereof the ag- gregate amount of its already existing bonded debt amounts to eight per centum of the value of all taxable property therein as ascertained by the valuation for State taxation. And wherever there shall be several political divisions or mu- nicipal corporations covering or extending over the same terri- tory, or portions thereof, possessing a power to levy a tax or con- tract a debt, then each of such political divisions or municipal corporations sha-U so exercise its power to increase its debt under the foregoing eight per cent, limitation that the aggregate debt over and upon any territory of this State shall never exceed fif- teen per centum of the value of all taxable property in such terri- tory as valued for taxation by the State : Provided, That nothing herein shall prevent the issue of bonds for the purpose of paying or refunding any valid municipal debt heretofore contracted in excess of eight per centum of the assessed value of all the taxable property therein. Section 6. The credit of the State shall not be pledged or credit ot loaned for the benefit of any individual, company, association or state. corporation ; and the State shall not become a joint owner of or 42 stockholder in any comjiany, association or corporation. The For what General Assembly shall not have power to authorize any County Fe vTfd ' o^ or township to levy a tax or issue bonds for any purpose except bonds issued, for educational purposes, to build and repair public roads, build- ings and bridges, to maintain and su|)[)ort prisoners, pay jurors, County officers, and for litigation, quarantine and Court expenses, and for ordinary County purposes, to support paupers, and pay past indebtedness. Scrip, cerii- SECTION 7. No scrip, certificate or other evidence of State in- flcatc, or evi- dgbtedness shall be issued except for the redemption of stock, dence of bUite ^ . i ■ i ^ debt. bondsor Other evidence of indebtedness previously issued, or tor such debts as are expressly authorized in this Constitution. Receipts and SECTION 8. An accurate statement of the receii)ts and expend- expenditures. itures Of the public money shall be published with the laws of each regular ses.sion of the General Assembly, in such manner as ma.y by law be directed. jjoney. SECTION 9. Money shall be drawn from the Treasury only in pursuance of appropriations made by law. Fiscal year. SECTION 10. The tiscal year shall Commence on the first day of January in each year. Public debt SECTION 11. To the end that the public debt of South Caro- lina may not hereafter be increased without the due considera- tion and free consent of the people of the State, the General As- sembly is hereby forbidden to create any further debt or obliga- tion, either by the loan of the credit of the State, by guaranty, endorsement or otherwise, except for the ordinary and current business of the State, without first submitting the question as to the creation of such new debt, guaranty, endorsement or loan of its credit to the qualified electors of this State at a general State election ; and unless two-thirds of the qualified electors of this State, voting on the question, shall be in favor of increa.sing the debt, guaranty, endorsement or loan of its credit, none shall be created or made. And any debt contracted by the State shall be state bonds, by loan on State bonds, of amounts not less than fifty dollars each bearing interest, payable not more than forty years after final pas- sage of the law authorizing such debt. A correct registry of all such bonds shall be kept by the Treasurer in numerical order, so as to always exhibit the number and amount unpaid, and to whom severally made payable. And the General Assembly shall levy an annual tax sufficient to pay the annual intt'rest on said bonds. Safe-keeping SECTION 12. Suitable laws shall be passed by the General As- fundb^'''"'' sembly for the safe-keeping, transfer and disbursement of the State, County and school funds; and all officers and other per- sons charged with the same shall keep an accurate entry of each sum received, and of each payment and transfer, and shall give such security for the faithful discharge ecial school districts now e.xisting, where the provisions of law now governing the same shall remain unchanged by the General Assembly: Provided, The manner of the selection of said Trustees need not be uniform throughout the State. There shall be assessed on all taxable polls in the State between the ages of twenty-one and sixty years (excepting Coiifeilerate soldiers above the age of fifty years,) an annual tax of one dollar on each poll, the proceeds of which tax shall be expended for school purposes in the several school districts in which it is collected. Whenever during the three next ensuing fiscal years the tax levied by thesaid County Boards of Commissioners or similar officers and the poll tax shall not yield an amount equal to three dollars per capita of the number of children enrolled in the public schools of each 45 County for the scholastic year ending the thirty-first day of Octo- ber in the year eighteen liundred and ninety-flve, as it appears in the report of the State Superintendent of Education for said sciiol- astic year, the Comptroller-General shall, for the aforesaid three next ensuing fiscal years, on the first day of each of said years, levy such an annual tax on the taxable property of the State as he may determine to be necessary to make up such deficiency, to be collected as other State taxes, and apportion the same among the Counties of the State in proportion to the respective deficien- cies therein. The sum so apportioned shall be paid by the State Treasurer to the County Treasurers of the respective Counties, in proportion to the respective deficieneies therein, on the warrant of the (!oniptroller-General, and shall be apportioned among the school districts of the Counties, and disbursed as other school funds; and from and after the thirty-first day of December, in the year eighteen hundred and ninety-eight, the General Assembly shall cause to be levied annually on all the taxable property of the State such a tax, in addition to the said tax levied by the said County Boards of Commissioners or similar officers, and poll tax above provided, as may be necessary to keep the schools open throughout the State for such length of time in each scholastic year as the General Assembly may prescribe ; and said tax shall be apportioned among the Counties in proportion to the deficien- cies therein and disbursed as other school funds. Any school dis- School dis- trict may by the authority of the General Assembly levy an addi- triottax. tional tax for the support of its schools. Sectiok 7. Separate schools shall be provided for children of the white and colored races, and no child of either race shall ever separate be permitted to attend a school provided for children of the other race. Section 8. The General Assembly may provide for the main- state Uni- tenance of Clemson Agricultural College, the University of South ^CTemson Ag- Carolina, and the Winthrop Normal and Industrial College, a j'^^,^'^'"''" ^'"'' branch thereof, as now established by law, and may create scholar- ships therein ; the pi'oceeds realized from the land scrip given by Land script. the Act of Congress passed the second day of July, in the year eighteen hundred and sixty-two, for the support of an agricultu- ral college, and any lands or funds which have heretofore been or may hereafter be given or appropriated for educational purposes by the Congress of the United Slates, shall be applied as directed in the Acts appropriating the same : Provided, That the General As- sembly shall, as soon as practicable, wholly separate Claflin College from Claflin Universily, and provide for a separate corps of pro- verslty" fessorsand instructors therein, representation to be given to men m'i°)Tndu'stri- and women of the negro race; and it shall be the Colored Nor- a^j al'^d^'ivie- mal Industrial, Agricutural and Mechanical College of this chanicai coi- ' lege. State. 4(; Property or SECTION 9. Tlie property or credit of the State of South Car- simlinotbMet olina,()r of any County, eity, town, township, school ilistrict, or fnltitut'i^ns''" other subdivision of the said State, or any public money, from whatever source derived, shall not, by gift, donation, loan, con- tract, appropriation, or otherwise, be used, directly or indirectly, in aid or maintenance of any college, school, hospital, orphan house, or other institution, society or organization, of whatever kind, which is wholly (U- in part under the direction or control of any church or of any religious or sectarian denomination, society or organization. Giftsforedu SECTION 10. All gifts of every kind for educational purposes, cationai pin- if accepted by the General Assembly, shall be applied and used ^°'^''' for the purposes designated by the giver, unless the same be in conflict with the provisions of this Constitution. Gifts to State. SECTION 11. All gifts to the State where the purpose is not designated, all escheated projjerty, the net assets or funds of all Assets of es- estates or copartnerships in the hands of the Courts of the State JrJilii'ips!''""'' where there have been no claimants for the same within che last seventy years, and other money coming into the Trea.sury of the State by reason of the twelfth Section of an Act entitled "An Act Direct tax. to provide a mode of distribution of the moneys as direct tax from the citizens of this State by the United States in trust to the State of South Carolina," approved the twenty-fourth day of De- cember, in the year eighteen hundred and ninety-one, together with such other means as the General Assembly may provide, shall stiite school ^^ securely invested as the State School Fund, and the annual in- fund. come thereof shall be apportioned by the General Assembly for the purpose of maintaining the public schools. Income from SECTION 12. All the net income to be derived by tlie State ?'^.''!."J'J'i'™"*''r from the sale or license for the sale of siairituous, malt, vinous and liquors. intoxicating liquors and beverages, not including so much thereof as is now or may hereafter be allowed by law to go to the Coun- ties and municipal corporations of the State, shall be applied an- nually in aid of the supplementary taxes provided for in the sixth Section of this Article ; and if after stiid application there should be a surplus, it shall be devoted to public school purposes, and ap- portioned as the General A.ssembly may determine: Provided however, That the said supplementary taxes shall only be levied when the net income aforesaid from the sale or license for the sale of alcoholic liquors or beverages are not sutHcient to meet and equalize the deliciencies for which the said supplementary taxes are provided. ARTICLE XII. CHARITABLE AND PENAE INSTITUTIONS. I n .stltutions for blind, In- SECTION 1. Institutions for the care of the insane, blind .l^f sane, deaf and , i i i 4.1 , ,, . , 1 ^'i ni dumb. and dumb and the poor shall alwtiys be fostered andsupptn-ted hy 47 this State, and shall be subject to such regulations as the General Assembly may enact. Section 2. The Regents of the State Hospitttl for the Insane state hos- and the Superintendent thereof, who shall be a physician, shall Sine, otHcers be appointed by the Governor, by and with the advice and consent "'' of the Senate. All other physicians, officers and employees of the Hospital shall be appointed by the Regents, unless otherwise ordered by the General Assembly. Section 3. The respective Counties of this State shall make county pooi-. such provision as may be determined by law for all those inhab- itants who by reason of age, infirmities and misfortune may have a claim upon the sympathy and aid of society. Section 4. The Directors of the benevolent and penal State Direcfm-s of institutions which may be hereafter created shall be appointed or a n d' p e n a i elected as the General Assembly may direct. timSs mstitu- . Section 5. The Directors and Superintendent of the Peniten- „. . '^ Directors of tiary shall be appointed or elected as the General Assembly may Penitentiary. direct. Section 6. All convicts sentenced to hard labor by any of the convicts sen- Courts in this State may be employed upon the public works of p™''.'* <■" hard the State or of the Counties and upon the public highways. Section 7. Provision may be made by the General Assembly Keformatory for the establishment and maintenance by the State of a Reform- feniers!"'''^°' atory for juvenile offenders separate and apart from hardened criminals. Section 8. The Governor shall have power to fill all vacancies vacancies, that may occur in the offices aforesaid, except where otherwise provided for, with the power of removal until the next session of the General Assembly and until a successor or successors shall be appointed and confirmed. Section 9. The Penitentiary and the convicts thereto sen- control of fenced shall forever be under the supervision and control of offi- convicts, cers employed by the State; and in case any convicts are hired or farmed out, as may be provided by law, their maintenance, sup- port, medical attendance and discipline shall be under the direc- tion of officers detailed for those duties by the authorities of the Penitentiary. ARTICLE XIII. militia. Section 1. The militia of this State shall consist of all able- ^i^^^^ bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be ex-, empted by the laws of the United States or this State, or who from religious scruples may be averse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct. When e X- empt from ar- rest. Governor may call out. A d J u t an I 48 Section 2. The volunteer and militia forces shall (except for treason, felony and breach of the peace) he exempt from arrest by warrant or other process while in active service or attending mus- ter or the election of ofHcers, or while going to or returning from either of the same. Section 3. The Governor shall have the power to call out the volunteer and militia forces, either or both, to execute the laws, repel invasions, suppress insurrections and preserve the pul)lic peace. Section 4. There shall be an Adjutant and Inspector General Genirar"'"'" elected by the qualified electors of the State at the same time and in the same manner as other State officers, who shall rank as Brig- adier General, and whose duties and compensation shall be pre- staff officers, scribcd by law. The Governor shall, by and with the advice and consent of the Senate, appoint such otiier staff officers as the Gen- eral Assembly may direct. Section 5. The General Asisembiy is hereby empowered and required, at its first session after the adoption of this Constitu- tion, t() provide such proper and liberal legislation as will guar- antee and secure an annual pen.sion to every indigent or disabled Confederate soldier and sailor of this State and of tlie late Confed- erate States who are citizens of this State, and also to the indigent widows of Confederate soldiers and sailors. Pensions. ARTICLE XIV. eminent domain. Boundary SECTION 1. The State shall have concurrent jurisdiction on rivers. ^jj j.jyg^g bordering on this State, so far as sucii rivers shall form a common boundary to this and any other State bounded by the same; and they, together with all navigable waters within the limits of the State, shall be common higiiways and forever free as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the General Assembly. Section 2. The title to all lands and other property which have heretofore accrued to this State by grant, gift, purchase, for- feiture, escheats or otherwise shall vest in the State of South'car- olina, the same as though no change had taken place. Section 3. The people of the State are declared to possess the IZV*'^ '" ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall fail from defect of heirs shall revert or escheat to the people. Title to cer- tain lands. Ultimate 49 ARTICLE XV. IMPEACHMENT. Section 1. The House of Representatives shall have the sole Power of im- power of impeachnient. A vote of two-thirds of all the mem- p^^°^""^"^- hers elected shall he required for an impeachment. Any officer peaci^a!"^ ''"' impeached shall thereby be suspended from office until judg- ment in the case shall have been pronounced ; and the office shall be filled during- the trial in such manner as may be provided by law. Section 2. All impeachments shall be tried by the Senate, . senatetry . '^ ■ •' ' impeacliment. and when sitting for that purpose they shall be under oath or affirmation. No person shall be convicted except by a vote of two-thirds of all the members elected. When the Governor is impeached, the Chief Justice of the Supreme Court, or if he be disqualified, the Senior Justice shall preside, with a casting vote preside. in all preliminary questions. Section 3. The Governor and all other executive and judicial officers liable officers shall be liable to impeachment; but judgment in such cases to. shall not extend further than removal from office. The persons convicted shall, nevertheless, be liable to indictment, trial and punishment according to law. Section 4. For any wilful neglect of duty, or other reason- Removal of able cause, which shall not be sufficient ground of impeachment, the Governor .shall remove any executive or judicial officer on the address of two-thirds of each house of the General Assembly: Provided, That the cause or causes for which said removal may be required shall he stated at length in such address, and entered on tlie .Journals of each house: And provided, further , That the otHcer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defence, or by his counsel, or by both, before any vote for such address; and in all eases the vote shall be taken by yeas and nays, and be en- tered on the Journal of each house respectively. ARTICLE XVI. amendment and revision of the CON.STITUTION. Section 1. Any amendment or amendments to this Constitu- Amendments, tion may be proposed in the Senate or House of Representatives. If the same lie agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the .lournals respectively, with the yeas and nays taken thereon ; and the same shall be submitted to the qualified electors of the State at the next general election thereafter for Representatives ; and if a majority of the electors qualiflefl to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment or amendments, and a majority of each branch of the next General Assembly shall, after such an election and before another, ratify the same amendment or amendments, by yeas ani- n 5 n from V 15 appellate jurisdiction from inferior Courts V 14 established y ^ jurisdiction of y ^5 26 sit twice a year in each County y is 26 Genei'al Sessions, jurisdiction of y ^^ 27 established y 26 20 24 held twice a year in each County . . \' 18 1 24 27 08 Art. See. Page. 1 48 5 48 6 44 13 33 20 27 11 51 11 51 11 51 29 9 12 25 3 50 3 50 19 8 13 38 9 47 9 47 Concurrent .iurisdiotion, State shall have, on boundary rivers XIV Confederate soldiers, pension ot indigent XIII ovei' 50 years old exempt from poll tax XI Congressional Districts, General Assembly may form VII Constables, how appointed V Constitution, takes effect when XVII of 1868 repealed XVII ratified XVII provisions of, mandatory and prohibitory, except I Constitutional law, questions of, to be decided by Justices and Judges, when V Convention to alter, amend or change Constitution, how called. . . . XVI composed of how many members XVI Contempt, punishment tor, shall not extend to imprisonment in Penitentiary I Contract and agreement against public welfare shall be prevented. IX Convicts of Penitentiary shall be under control of State officei-s. . . XII hired out shall be maintained, supported, disciplined, &c., under State officers XII sentenced to hard labor may be employed on public roads and highways XII Conviction shall not work corruption of blood or forfeiture of estate Coroner, election of term of office of residence of disqualified a second time, if Corporate franchises not heretofore organized under in good faith sub.iect to the provisions of this Constitution IX Corporation defined any, accepting certain provisions shall be held to what agreement domestic, only can consolidate railroads foreign, cannot build, operate, lease, any railroad or part of railroad in this State without domestic charter IX 8 37 General Assembly may provide for service of process on any agent of IX 4 36 must keep one agent in State on whom process can be served IX 4 36 organized and doing business in this State must keep one business ofBce in State IX 4 36 shall not appropriate right of way except IX 9 37 Corporations, banking, can have no special charter, but must oper- ate under general laws IX cannot relieve themselves of common law liability as to passengers IX engaged in transportation or transmitting intelli- gence must be taxed as such IX fiscal, must be examined IX may buy public lands Ill public lands shall not be donated to Ill shall only engage in business authorized by law IX shall not do prohibited acts through controlling In- terests in other corporations IX alien, lands held by, limited Ill ai 6 47 I 8 7 V 30 29 V 30 29 V 30 29 V 30 29 IX 16 39 IX 1 35 IX 17 39 IX 8 37 9 37 3 36 3 36 9 37 31 18 31 18 12 38 19 39 35 19 64 Art. Sec. Page. Court of General Sessions, may appoint Attorney for State pro tempore ^ 29 29 Courts retain .iurisdiction of mattprs now pending V G 24 siiall be public I IS ^ Credit of State shall not be pledged X 6 41 shall never be used for benefit of any sectarian in- stitution XI 9 46 Crimes against election laws, correction of 11 5 11 Criminal action tried where crime committed V 23 28 tried in Magistrate's district V 23 28 Deaf and dumb, institutions for, provided XII 1 46 Debt of State, not increased, except, how X 11 42 municipal bonded, limitation of VIII 7 34 may be refunded VIII 7 34 question of, must be submitted to electors VIII 7 34 to same effect II 13 12 sinking fund must be created to re- deem VIII 7 34 no imprisonment for, except in cases of fraud I 24 9 Decisions of Justices and Judges must be filed, when V 17 26 of Supreme Court shall be published V 32 29 Defendant tried where offence was committed unless, when VI 1 29 Deflciences in expenses of State Government, how collected X 2 40 Departments of government separate I 14 8 Departmental clerks not subject to provisions of Article 17, Sec- tion 1 XVII 1 50 Detective agencies, representatives of, armed, shall never be brought in the State except VIII 9 35 Directors of corporations, how elected XI 11 38 benevolent and penal State institutions, how appointed or elected XII 4 47 State Penitentiary, how appointed or elected XII 5 47 "Direct tax" shall be invested as school fund XI 11 46 Disability of embezzlement, how removed X 12 43 Discrimination shall be prevented IX 13 38 in charges, none can be made by transportation or transmission companies IX 5 36 Districts, Congressional and Judicial, may be made VII 13 33 Divorces shall not be allowed XVII 3 50 Doors of each house sliall be open, except HI 23 16 Duel, fighting, aiding or abetting, or sending challenge deprives of holding office j ^ Y Duties shall not be levied without consent I 7 7 Educational purposes, gifts for, shall be used as directed XI 10 Election, Managers of, must require of voter payment of all taxes. II 4 46 10 III 8 14 for Senators . Kepresentatives jjj of members, each house judge of Ill 11 15 district, each County one jjj to same effect yii for new County, name and County seat vil 1 removal of County seat yjj not often than 5 years VII 8 32 14 3 13 9 32 31 8 32 05 Election for consolidation of 2 or more Counties special, for bonded municipal debt for exempting manufactories from municipal taxation increasing public debt calling Constitutional Convention on Constitutional amendments Elections shall be free and open by ballot never be held in secret rules for holding, shall be prescribed by General Assem- bly ascertaining results shall be prescribed by Gen- eral Assembly in municipalities for bonded debt in General Assembly viva voce entered on Journals prior to November 1st, 1896, shall be under Constitution of 1868 Electric plant, how right to construct granted Elector offering to vote must have paid all taxes for previous year. every qualified eligible to office, except defined must register every ten years Electors of city or town, consent of majority necessary to organ- ize who are, in municipalities on question of issuing bonds when privileged from arrest provisions for registration of, by General Assembly in municipalities, a qualifioation of Embezzlement, officer removed for of certain funds, felony Emploj'ee of railroad, rights and remedies contract to waive benefit of this Section void Employee of railroad, death of, by injury, rights, and remedies to representatives knowledge of defective or unsafe appliances no defense against, except remedies and rights herein may be extended to other cor- porations Enumeration of inhabitants, when had Escheated property shall be vested in school funds Escheats accruing shall come to State Evidence of State indebtedness shall not be Issued except for Expenses of State Government shall be annually provided for Executive Department, all officers in, shall report to Governor Ex post facto laws shall not be passed Felony to embezzle certain funds Fiscal year commences Fines, all accruing shall come to State Forfeitures accruing shall come to State Art. Sec. Page. VII 10 32 VIII VIII X XVI XVI I II II 7 34 8 34 11 42 VIII II II II II 50 49 7 9 9 II 8 11 II 13 12 II 13 12 III 20 16 III 20 16 XVII 11 51 VIII 2 33 II 13 12 II 14 12 II 8 11 II 12 12 IV 22 22 X 12 43 IX 15 38 XI 15 39 IX 15 39 IX 15 38 IX 15 38 III 3 13 XI 11 46 XVII 11 51 X 7 42 X 2 40 IV 14 21 I 8 7 X 12 43 X 10 42 XVII 11 51 XVII 11 51 IX 8 37 I 24 9 II 10 12 XI 11 46 XVII 8 51 XVII 8 51 VIII 4 34 I 3 7 I 13 8 I 26 9 I 27 9 I 28 9 II 4 10 66 Art. Sec. Page. Foreign corporation or association cannot build, operate or lease any railroad in, or partly in, this State IX 8 37 shall have no general or special favors except on certain conditions Fraud, no imprisonment for, except in debt at primary elections to be punished Freeholders in municipalities must petition for election to issue bonds II 13 12 Funds of estates and copartnerships not claimed in 70 years shall be vested as school funds Gambling, unlawful, for officer XVII officer engaging in, loses office .... Gas works, how right to erect granted General Assembly shall frequently assemble may authorize suspension of laws may consent to maintain army may declare martial law may authorize erection of wharves and collec- tion of tolls shall provi.de certificates of registration shall provide for appeal from registration of- licers II 5 11 for correction of illegal and fraudu- lent voting and crimes against election laws II 5 11 shall provide for registration of electors and holding of elections II 8 11 shall provide polling precincts 11 9 12 regulation of primary elections ... II 10 12 consists of HI 1 13 session of 1895 postponed HI 9 14 sessions, when held in 9 14 compensation of members of Ill 9 14 members of, when protected Ill 14 15 per diem IH 19 w cannot increase compensation. ... Ill 19 16 same compensation in extra ses- sion in 19 16 elections, in viva voce HI 20 16 enterei I on Journals Ill 20 16 who eligible as member HI 24 16 oath ot members jjj 26 17 may grant right of way over public lands in 31 18 may confirm title to public lands m 31 j^g shall not authorize payment of salary ot de- ceased officer after death " m 32 jg shall not grant pensions, except HI 32 ig shall not retire officer on pay or part pay Ill 32 18 cannot enact certain special laws Ill 34 19 may limit number ot acres ot land held by aliens or alien corporations Ill 35 iq must open returns of election of Governor.... IV 4 20 shall elect Governor, when IV 4 20 67 p Art. Sec. Page. general Assembly shall prescribe how contested elections for Gov- ernor may be determined IV 4 20 Shall provide Board of Pardons IV 11 21 may prescribe jurisdiction of Magistrates V 21 27 may provide clerk for other Courts of record. . . V 27 28 may authorize Judge of Probate to perform duties of clerk V 27 28 may provide one Solicitor for each County if County Courts established V 29 29 shall provide for publication of decisions of Su- preme Court V 32 29 shall provide for arbitration of differences VI 1 29 may establish new Counties, when VII 1 31 to same effect VII 2 31 may alter County lines, when VII 7 32 may provide for consolidation of two or more Counties. VII 10 32 may establish or change townships VII 11 32 may provide township government VII 11 33 may make special provisions for municipal gov- ernment VII 11 33 may form Judicial and Congressional Districts. VII 13 33 shall pass general laws for organization and classification of municipal corporations. . . VIII 1 31 shall restrict municipalities in levying taxes. . . VIII 3 33 shall not grant right to construct street rail- ways, &o., without consent of local author- ities VIII 4 34 may create Boards of Health VIII 10 35 may prohibit manufacture or sale of liquors. . . . VIII 11 35 may authorize State and County officers to buy and sell liquors VIII 11 35 shall not grant special charters except on two-third vote IX 2 36 Governor may convene, in extra session IV 16 22 adjourn in case of disagreement IV 16 22 may establish County, inferior and municipal Courts V 1 24 shall elect Chief Justices V 2 24 Associate Justices V 2 24 third Associate Justice V 3 24 Circuit Judges V 13 26 shall provide for holding special or regular terms of Circuit Courts by men learn- ed in the law V 6 24 may divide the State into Judicial Circuits V 13 26 shall provide for Judges to interchange Circuits. . V 14 26 shall not license foreign corporation to build rail- roads In this State IX 8 37 shall provide for examination of banking and fis- cal corporations IX 9 37 shall provide for directors of corporations by cu- mulative plan IX 11 38 shall prevent trusts, combinations, &c IX 13 38 X 6 42 X 11 42 X 12 42 X 12 43 X 12 43 X 13 43 UK ^rt. Sec. Page. General Assemljly shall never remit the forfeiture of the franchise of any corporation, unless IX 17 39 shall provide for uniform assessment and taxa- tion X 1 40 shall provide for annual expenses of State Gov- ernment X 2 40 shall provide for deficiency in expenses of State Government X 2 40 may authorize County or township to issue bonds, for what purpose forbidden to create debt except shall provide for safe keeping of funds shall make embezzlement of certain funds a felony may remove disability of embezzlement, how .... shall provide for assessment of all property shall prescribe duties and powers of Superintend- ent of Education XI 1 43 shall provide for all school officers, their powers, duties and compensation shall provide free public schools shall define ' 'enrollment" shall apportion income of invested school funds., shall provide for appointment or election of Di- rectors of Penitentiary and State benevolent and charitable institutions may provide Reformatory for .iuvenile offenders, shall provide pensions for indigent soldiers, sail- ors, and widows of XIII may charge tax or impost on navigable waters. . . may ask removal of executive or judicial officer. . may provide for calling Constitutional Conven- tion XVI 3 50 may direct how claims against State shall be established XVII shall provide for removal of causes XVII shall prohibit lotteries XVII General Sessions, Court of, .lurisdiction of V appellate jurisdiction from inferior Courts V concurrent jurisdiction with inferior Courts in cer- tain cases V Gifts for educational purposes shall be used as directed XI to State not otherwise designated shall be invested as school funds .' XI Graded school disUicts included in new district, new territory shall bear its part of bonded debt existing XI Graded school districts not repealed XI Grants of corporate franchises, not organized under in good faith, subject to how issued Grand Jury, presentment by, necessary in graver cases consists of 18 12 must agree XI 3 43 XI 5 43 XI 6 44 XI 11 46 XII 4-5 47 XII 7 47 illl 5 48 XIV 1 48 XV 4 49 2 50 6 51 7 51 .8 27 .8 27 .8 27 .0 S6 11 46 XI 5 44 XI 5 44 IX 16 39 IV 19 22 I 17 8 V 22 28 V 22 28 69 Arl. Sec. Page. Government, forms of, modified by people I 1 7 Governor, pardon of, removosj disqualification for voting II 6 11 appoints Boards of Eegistration II 8 11 may change place of meeting of General Assembly in case of contagion Ill 9 14 elected by IV 2 19 term of office of IV 2 19 when elected IV 2 20 installation of IV 2 20 who eligible to office of IV 3 20 hold no other office except W 3 20 returns of election of, how forwarded IV 4 20 contested elections of, how determined IV 4 20 vacancy in office of, how filled IV 9 21 commander-in-chief of, militia, except IV 10 21 grant reprieves, pardons, &c IV 11 21 remit fines or forfeitures IV 11 21 executes the laws IV 12 21 compensation of IV 13 21 may demand reports of executive officers and Boards of public institutions IV 14 21 appoints Magistrates V 20 27 order election for new County when VIII 1 33 may apply for armed police force VIII 9 35 shall give the General Assembly information of the condition of the State IV 15 22 may recommend measures to the General Assembly ... IV 15 22 shall commission all officers IV 17 22 sign grants and commissions IV 19 22 oath of office of IV 20 22 reside at capital, except IV 21 22 may suspend officer for embezzlement IV 22 22 sign bill or joint resolution IV 23 22 may veto bill or joint resolution IV 23 22 any part of appropriation bill IV 23 23 must return bill or joint resolution within three days unless IV 23 23 shall commission one learned in law to act in place of disqualified Judge or Justice V appoint Justice or Judge for less time than one year. . . V member of State Board of Education XI Chairman of such Board XI shall appoint Superintendent and Regents for State Hospital for Insane XII 2 47 fill vacancies in offices in penal and charitable in- stitutions XII 8 47 may call out militia and volunteer forces when XIII appoint staff officers XIII impeachment of. Chief Justice presides XV may remove executive or judicial officers when XV Habeas corpus shall not be suspended unless I Highways, navigable waters and boundary rivers are XIV 6 24 11 25 2 43 2 43 3 48 4 48 2 49 4 49 23 9 1 48 70 Art. Sec. Page- Homestead established m ^^ ^'^ husband and wife must sign deed or mortgage of, after assigned Ill 28 18 House, each shall judge of election and qualification of its members. Ill 11 15 majority of each, constitute a quorum Ill H 15 each, chooses it own officers Ill 12 1° determine its own rules HI 12 lo punish its members HI 12 15 expel a member HI 12 15 may punish any person when Ill 13 15 neither shall adjourn for more than three days without consent of the other, nor to any other place than. . . Ill 21 16 each shall keep a journal HI 22 16 shall cause its journal to be published HI 22 16 each, doors of, open except HI 23 16 House of Representatives, branch of legislative power IH 1 13 composed of HI 2 13 members of , elected every two years .. . Ill 2 13 number of members HI 3 13 present apportionment of members — HI 3 13 qualification of members lU ^ li members of, how apportioned HI 3 13 first election for members of HI 8 14 subsequent election for members of Ill 8 14 bills for revenue shall originate in Ill 15 15 ten members may demand "yeas" and "nays" HI 22 16 vacancies in membership of, how filled. . Ill 25 16 has sole power of impeachments XV 1 49 may propose amendments to Constitu- tion XVI 1 49 Husband and wife must both sign deed or mortgage of homestead after assignment, it both living Ill 28 18 Immunities and privileges shall not be abridged I 5 7 Impeachment, Governor, executive and judicial ofiicer.s liable to. . . XV 3 49 judgment of, shall extend only to •. XV 3 49 person convicted of, liable to indictment XV 3 49 sole power of, in House of Representatives. . . XV 1 49 what necessary for XV 1 49 tried by Senate XV 2 49 two-third vote necessary to convict XV 2 49 of Governor, who presides XV 2 49 Implements and Uiols of single person exempt from levy and sale. Ill 28 18 Income from sale, or license for sale, oj liquors shall be used tor public schools in aid of supplementarj' tax XI 12 46 Incorporation, special, may be had when required by terms of will. Ill 34 19 no charter of, shall be granted by special law except. IX 2 35 all charters of, must be had under general laws, ex- cept IX 2 35 Indictments or prosecutions for libel, jury judges of law and fact. . I 21 8 shall conclude how V 13 26 71 Art. iSec. Page. Inferior Courts may impose sentence of labor on highways V 33 29 General Assembly may establish V 1 23 shall not have jurisdiction of certain crimes V 1 24 jury in V 22 28 Influences, undue, &c., voter to be protected from I 9 7 Inhabitants, every, possessing qualifloations may be elected to of- fice I 10 7 enumeration of Ill 3 13 Insane, institutions for, provided XII 1 id Institutions, public, Boards of, report to Governor IV 14 21 of learning, property of, exempt from taxation X 4 40 for insane, blind, deaf and dumb provided XII 1 46 Instruments entered into, heretofore voted, shall continue XVII 11 52 Joint Resolution, read three times Ill is 15 signed by President of Senate Ill 18 15 by Speaker of House of Representatives. Ill 18 15 have "great seal of State" Ill 18 15 Governor must sign or veto IV 23 22 must return in three days, unless IV 23 23 Journal, each house must keep Ill 22 16 yeas and nays entered on Ill 22 16 member may enter dissent Ill 22 16 Journals, causes for address of removal of officer spread at large on XV 4 49 yeas and nays entered on, on each address XV 4 49 Judge disqualified, vacancy filled, how V 6 24 Judge who tried case cannot sit on hearing in Supreme Court. . .. V 12 25 of Probate Court may perform duties of Clerk V 27 28 Judges, powers at chambers V 25 28 shall not charge juries on facts, but shall declare the law. . V 26 28 compensation of V 9 25 no fees or perquisites V 9 25 hold no other ofHce V 9 25 qualifications of,. V 10 25 conservators of the peace V 11 25 filling vacancy holds for unexpired time V 11 25 cannot sit in certain cases V 6 24 Judgment of Supreme Court must be in writing and preserved in record of case V 8 25 below reversed by concurrence of three Justices V 12 25 Judicial Circuits, State divided into V 13 26 General Assembly may form VII 13 33 Jurisdiction of Court of Common Pleas V 15 26 to same efifect V 1 23 of Supreme Court V 4 24 of General Sessions V 1 23 to same effect V 18 27 of Probate V 19 27 of Magistrates... X 21 8 Jury, accused tried by I 18 8 judges of law and fact in prosecutions for libel I 21 9 right of trial by, preserved I 25 9 to same effect V 22 28 in municipal and inferior Courts composed of six V 22 28 Art. Se<:. Jury, may decide question of parallel or competing lines IX 7 Juries, Judges sliall not charge on facts V 26 Juror, qualifloation ot V 22 Justices, concurrence of 3 necessary to reverse judgment below. , . V 12 of Supreme Court, when disqualified V 6 term of office of V 2 when disqualified, vacancy, how filled. V 6 appoint a Clerk and Reporter V 7 compensation of V 9 no fees or perquisites V 9 hold no other office V 9 qualifications of V 10 it equally divided, opinion below affirmed, unless V 12 may call to their aid .judges of Circuit Court, when V 12 have certain powers at chambers V 25 Justice shall be administered without distinction between law and equity VI 3 senior, shall preside in impeachment of Governor XV 2 Juvenile ofi'enders ; reformatory for, may be provided XII 7 Land held by aliens to be limited Ill 35 scrip, proceeds of, how used XI 8 Lands, public, not to be sold, except HI 31 not to be donated Ill 31 title to certain, shall vest in State XIV 2 ultimate property vested in people XIV 3 title to, failing for want of heirs revert to people XIV 3 Law, no ex post facto, shall be passed I 8 impairing obligations of contracts shall not be passed I 8 granting title of nobility or hereditary emolument shall not be passed I 8 martial, no person subject to except I 27 none ever passed for benefit if foreign corporation, except. . . IX 8 Laws, suspension of I 13 equal rights under I i crimes against election II 5 style of Ill 16 certain special, prohibited Ill 34 Governor shall have, executed rv 12 printing of XVII 5 now of force XVII 10 to same effect XVII 11 repugnant to Constitution XVII 10 inconsistent with Constitution XVII 11 Legislative documents, printing of XVII 5 Liability of stockholders IX is in banks IX is Libraries, public, property of , exempt from taxation X 4 Liberty, no person to be deprived of, without due process of law. . . 15 License on occupations and business X 1 Licenses in municipalities VIII 6 Life, no person deprived of, without due process of law I 5 Lights, plants tor furnishing VIII 5 Page. 37 28 28 25 24 24 24 25 25 25 25 25 25 26 28 30 49 47 19 45 18 18 48 48 48 7 7 7 9 37 8 7 11 15 19 21 50 51 51 51 51 50 39 39 40 7 40 34 7 34 73 Lieuteuaut-Govei-noi-, when elected oath of office compensation of term of ofHce qualifications President of Senate no vote while presiding unless vacancy, how filled when act as Governor Liquors, sale and manufacture of State, County and municipal officers may be authorized to buy and sell General Assembly may grant license to sell municipal corporations cannot Loan of credit of State forbidden Lotteries forbidden Lynching, damages for, in case of death Magistrates, how appointed term of office of - appoint one or more Constables salary of jurisdiction of sit as examining Courts may recognize or discharge except in capital cases. . may bind over to keep peace try civil actions where try criminal actions where Militia, subject to martial law Governor Commander-in-Chief of who shall compose how organized, &c when exempt from arrest Governor may call out Mains, liow right to lay, granted Managers of Election must require payment of taxes by voter corporations, how elected , Manufactories may be exempt from what taxation Marriage of whites and negroes void Married woman, property exemption right of property contract of Matters civil and criminal now pending Mines, products of taxed ■. Ministers, residence of, to vote Members of bar, oath of each house may be punished both houses protected House, 10 demand yeas and nays Senate, 5 demand yeas and nays either house may dissent on Journal General Assembly, per diem of mileage of cannot increase compensation An. Sec. . Page. IV 5 20 IV 20 22 IV 13 21 IV 5 20 IV 5 20 IV 5 20 IV 6 20 IV 9 21 IV 9 21 VIII XI 35 VIII 11 35 VIII 11 35 VIII 11 35 X 11 42 XVII 7 51 VI 6 31 V 20 27 V 20 27 V 20 27 V 20 27 V 21 27 V 21 27 V 21 27 V 21 27 V 23 28 V 23 28 I 27 9 IV 10 21 XIII 1 47 XIII 1 47 XIII 2 48 XIII 3 48 VIII i 34 II i 10 IX 11 38 VIII 8 34 III 33 18 III 28 17 XVII ,9 51 XVII 9 51 V 34 29 X 1 40 II i 10 III 26 17 III 12 15 III 14 15 III 22 16 III 22 16 III 22 16 III 19 16 III 19 16 III 19 16 74 Art. Sec. Page. Members of General Assembly compensation in extra session Ill 19 16 oathof ni 26 17 Memberof Senate acting as Governor or Lieutenant-Governor.... IV 8 21 Misdemeanor to permit prisoner to be lynched VI 6 31 Money, how drawn from Treasury ^ ^ Municipal elections, registration for II ^^ ^^ qualification of electors in II 12 12 Courts, jury in ^ 22 28 may be establislied V 1 ^^ Municipal t/Ourts, may impose sentence of labor on highways V 33 29 corporations, organization and classification of VIII 1 30 cannot license sale of liquors VIII 11 35 property, what exempt from taxation X 4 40 corporation, bonded debt of X 5 41 refunding or paying existing debt X 5 41 Municipalities, special, government for VII 11 33 Navigable waters, highways XIV 1 48 Negro and white, marriages between Ill 33 18 No conviction work corruption of blood, &c I 8 7 No tax, &c., laid without consent I 7 7 Notaries Public not limited in term I H 7 Oath of Governor and Lieutenant-Governor IV 20 22 all officers Ill 26 17 Obligations, heretofore made valid XVII 11 52 Offence, not tried twice, for same I 17 8 Offences, bailable, except I 20 8 Office, who eligible to I 10 7 to same effect 11 2 10 term of, for specified period II 2 10 person fighting duel, &c., cannot hold I 11 7 term of. Senators and Representatives begin Ill 10 15 disqualifies for seat in General Assembly, except Ill 24 16 of Governor, who eligible to IV 3 20 corporation must keep one in this State IX 4 36 Officer, none retired on pay or part pay Ill 32 18 of registration submit any Section of Constitution to voter II 4 10 must keep separate record of, when II 4 10 swear to and file record of voters 11 4 10 require applicant to read and write, when ; or have $300 worth of property II 4 10 authorized to collect, receipt or certificate of, proof of pay- ment of taxes permitting prisoner lynched, penalty impeached, suspended when removed to same effect notified of intention to remove qualification of to same effect XVII betting or gambling in militia, not limited in term deceased, salary of Ill II 4 10 VI 6 31 XV 1 49 XV 4 49 IV 22 22 XV 4 49 XVII 1 50 xvn 4 50 XVII 8 51 I 11 7 III 32 18 76 Officers chosen by each house oath of all, elected by removal ot Officers, other State, enter upon duties executive, report to Governor commissioned by Governor certain, compensation of keep accounts embezzling, felony present, hold over compensation of, present Offices, two not held, except Ordinances ratified by Convention have what effect Pardon removes disqualifications Pardons and commutations Board of Passengers, corporations cannot relieve themselves of common law liability in carriage of Penal State institutions, directors of Penalties, accruing, come to State Penitentiary, Directors of controlled by State officers Pensions for indigent soldiers, sailors and widows, thereof not granted, except for People, political power vested in right to assemble and petition secure against unreasonable searches and seizures keep and bear arms Persons, all male, when qualilled for registration, to January, 1898. all male, when qualified after January, 1898 disqualified from registering and voting registered up to January, 1898, qualified electors for life. . coming of age can register 30 days before elections Petit jury consists of 12 all must agree Petition for elections for now County of freeholders in municipality necessary for election to is- sue bonds r'ight of people to Police, no armed force shall ever be brought into State Political divisions of State, limitation of bonded debt of power vested in people Polling precincts to be provided now existing continue residence in, four months necessary to vote. Poll tax, payment of, necessary to vote ^ . . to same effect fixed at one dollar Confederate soldiers over 50 years, exempt from how collected and disbursed Primary elections, regulations of Prize fighting prohibited Privileges and immunities not abridged Art. .Sec. j Paije. III 12 15 III 26 17 I 10 7 III 27 17 IV 2 20 IV 14 21 IV 17 22 V 24 28 X 12 42 X 12 43 XVII 11 52 XVII 11 52 11 2 10 XVII 11 51 II 6 11 IV 11 21 IV 11 21 IX 3 36 XII 4 47 XVII 11 51 XII 5 47 XII 9 47 XIII 5 48 III 32 18 I 1 7 I 4 7 I 16 8 I 26 9 II 4 10 n 4 10 II 6 11 II 4 10 II 11 12 V 22 28 V 22 28 VII 1 31 II 13 12 I 4 7 VIII 9 35 X 5 45 I 1 7 II 9 12 II 9 12 II 4 10 II 4 10 II 4 11 XI 6 44 XI 6 44 XI 6 44 11 10 12 VIII 12 35 I 5 7 76 Art. Sec. Page. Population, representation apportioned according- to I 2 7 Power, political, vested in people I 1 '^ military, subordinate to civil I 26 9 of government, separate I 1* ^ judicial, vested in certain Courts V 1 24 Poor of County to be provided for XII 3 47 Press, freedom of I * '^ Precinct, polling II 9 12 each elector to vote at own II 9 12 President of Senate, writ of elections to fill vacancies Ill 25 16 Lieutenant-Governor shall be IV 5 20 pro tempore chosen, when IV 7 21 vacancy, how filled IV 9 21 Prisoner lynched officer prosecuted VI 6 31 Probate Court— see Court of Probate. Process, service of, on corporations IX 4 36 Proceeds of land scrip XI 8 45 Proceeding, present continue XVII 11 51 Property, $300 alternative qualification for registration II 4 10 not deprived of, without due process of law 15 7 taxed according to value I 6 7 to same effect Ill 29 18 private, not taken for private use I IV 8 public use without compensation. I 17 8 exempt from levy or sale Ill 28 17 not for tixes or purchase money Ill 28 17 assessed and taxed X 1 40 certain exempt f ron; taxation X 4 40 of State never used for benefit of any sectarian institu- tion XI 9 46 of married women, how held XVII 9 51 ultimate, in lands in people XIV 3 48 in municipalities taxed uniform VIII 6 34 Protection of laws not denied I 5 7 Prosecutions or indictments for libel I 21 8 present, continue XVII 11 51 to same effect XVII 11 51 Provisions of Constitution I 29 9 laws remain XVII 11 51 Printing of executive department XVII 5 50 Public printing let on contract XVII 5 50 Punishment, no corporal I 19 8 Public institutions. Boards of, report to Governor IV 14 21 Public moneys, account of, published . . .•. X 8 42 debt not increased, except X 11 42 Qualillcation for voting, no property, except I 11 7 members of General Assembly Ill 7 14 of Governor IV 3 20 of Lieutenant-Governor IV 6 20 of Justices and Judges V 10 25 of jurors V 22 28 Questions of Constitutional law may be decided by Justices of Su- preme Court xnd Judges of Circuit Court V 12 26 77 „ Art. Sec. Page. yuRStions of whether companies are competing may be decided by 1"ry IX 7 37 Railroad Commission may malje certain rates tX 5 36 may connect with or cross other lines IX 6 37 carry freight and passengers without discrimination.... IX 6 37 not consolidate with or control stock of competing lines. IX 7 37 only consolidated by domestic corporations IX 8 37 Commission established IX 14 38 duties, election of, and term of office to be regulated IX 14 38 present, continued IX 14 38 powers and duties of IX 14 38 employees' rights and remedies IX 15 38 rates, no discrimination in IX 5 36 competitive. Railroad Commission may make IX 5 36 Receipt, proof of payment of taxes II 4 11 Record of persons registered up to January, 1898 II 4 10 Reformatory tor juvenile offenders XII 7 47 Regents of State Hospital for Insane, how appointed XII 2 47 Records, public, registration book shall be II 8 11 Recognizances heretofore entered into valid XVII 11 52 Registration necessary to vote II 4 10 every ten years II 4 10 certificate of , to elector II 4 10 of electors to be provided 11 8 11 to January, 1898, by Board II 8 11 books open II 8 11 of, public records II 8 11 close 30 days before election II ll 12 municipal elections II 12 12 certificate of, in municipal elections II 12 12 Religion, none established I 4 7 Remedy tor all wrongs I 15 8 Removal of officers Ill 27 17 Representation in House of Representatives I 2 7 according to population I 2 7 Representatives, apportionment ot Ill 3 13 how assigned Ill 4 13 apportionment of, when to take effect Ill 5 14 terms of , begin Ill 10 15 Reporter of Supreme Court, appointment of V 7 25 term ot office of V 7 25 Residence not lost by temporary absence I 12 8 two years necessary to vote .*. II 4 10 not lost by temporary employment or navigation of seas II 7 11 change of, change ot precincts II 9 12 ot Governor IV 21 22 Circuit Judge V 13 26 Solicitor V 29 29 Sheriff V 30 29 Coroner V 30 29 Resolution, but one subject, and expressed in title Ill 17 15 Returns of election for Governor IV 4 20 78 Art. See. Page- Revenue, bills for, orginate Ill 15 15 Eight of way over public lands HI 31 18 how appropriated IX. 20 39 value of, ascertained by .iury IX 20 40 Eights, present, of individuals and bodies corporate XVII 11 51 Elvers, boundary, highways XIV 1 48 Eules of procedure for each liouse Ill 12 15 Salaries of school officers and County Treasurers XI 4 43 of deceased officers Ill 32 18 Sailors, indigent, pension of XIII 5 48 Saluda — see County of. Scrip, none to be issued, except X 7 42 Seal of State described IV 18 22 Secretary of State have returns of election of Governor forwarded. IV 4 20 countersign grant and commissions IV 19 22 elected by IV 24 23 term of office of IV 24 23 compensation of IV 24 23 copy of registered voters filed with II 4 10 certificate of, sufficient for registration II 4 10 receive returns of election for Governor IV 4 20 deliver same to Speaker of House of Eepresen- tatives IV 4 20 Senate, Lieutenant-Governor President of IV 5 20 President pro tempore chosen, when IV 7 21 member acting as Governor or Lieutenant-Governor resign his seat IV 8 21 vacancy. President pro tempore, how filled IV 9 21 when convened by proclamation IV 9 21 branch of legislative power Ill l 13 composed of Ill 6 14 term of members of Ill 6 14 bills for revenue amended in Ill 15 15 other, may originate in Ill 15 15 5 members may demand yeas and nays Ill 22 16 Senate, vacancies in, how filled Ill 25 16 try impeachments XV 2 49 propose amendments to Constitution XVI 1 49 Senators, qualification of Ill 7 14 lirst election for Ill 8 14 subsequent election for Ill g 14 classification of Ill g 14. terms of , begin HI 10 15 Seizures and searches, people secure against unreasonable I 16 8 Service of process on corporations IX 4. 36 Servant, no extra compensation HI 30 ig Sexual intercourse HI 33 jg Sinking fund, must have, to redeem bonds VIII 7 34 Sciiool property exempt from taxation X 4 40 School districts may levy taxes X 5 41 to same effect XI 6 44 bonded debt limited X 5 41 area XI 5 44 officers to be provided XI 3 43 79 School, free public, provided children, ages of districts, all territory in, bear just proportion of bonded debt funds, how apportioned disbursed by Trustees Trustees, number of how elected Schools, separate, for white and colored Shares of stockholders of corporations must be taxed, where Sheriff, election of term of office of residence of disqualified for office second time, when Soldier not quartered in private house, except. . . Solicitor, one for each Circuit ' election of term of office of compensation of one for each County, when Speech, freedom of Speaker of House of Representatives, issue writ of election to fill vacancy open returns of election of Governor, when State have changes of venue, when Government, expenses of shall not be joint owner or stockholder: bonds, denomination of shall be registered State bonds, annual tax for interest on and County school funds, safe keeping of Board of Education, composed of how appointed Chairman and Secretary of regulate examination of teachers award scholarships traveling expenses of Hospital for Insane— Eegents of, to be physicians Superintendent of how appointed other physicians and officers appointed two years' residence in, necessary to vote officers enter upon duties, when concurrent jurisdiction on boundary rivers vested with title to certain lands Librarian not subject to provisions of Article 17, Section 1 . . Statement of account of public moneys published Staff officers, how appointed Statute, every, public law, unless Art. Sec. Page. XI 5 44 XI 5 43 V I IV VI X X X XI XI XI XI XI XII XII XII XII II rv . XIV XIV XVII X XIII VI X XI XI XI XI XI X V V V V I V V V V 29 29 29 29 4 7 5 41 G 44 6 44 G 44 6 44 7 45 5 41 30 29 30 29 30 29 30 29 2G 9 29 29 29 29 29 29 III 25 IG X 11 X X XI 20 30 40 41 11 42 42 11 42 12 42 2 43 43 43 43 43 43 47 47 47 47 4 10 so Art. Sec. Page. Statutes codiflfid by Commissioner VI 5 30 every ten years VI 5 30 Street railway, how right to construct, granted VIII 4 33 Student, residence of , attending institution ol learning II 7 11 Stock only issued for labor, money or property IX 10 38 fictitious, void IX 10 38 Stockholders, liability of IX 18 39 in banks IX 18 39 Style of laws HI 16 15 Subsidy not levied, without consent I 7 7 Suffx-age, right of, protected I 9 7 to same effect II 15 12 Sureties, all persons, bailable by, except I 20 8 Superintendent of Education — term of office of XI 1 43 to same effect IV 24 23 time of election of XI 1 43 duties and powers of, to be pro- vided XI 1 43 members of State Board XI 2 43 Secretary of State Board XI 2 43 elected by IV 24 23 compensation of IV 24 23 Supreme Court, judicial powers vested in V 1 23 composed of V 2 24 quorum V 2 24 issue writs V 4 24 jurisdiction of V 4 24 held twice a year at capital V 5 24 decide each point V 8 25 put decree in writing V 8 25 preserve decree in record V 8 25 decisions of, published V 32 29 Supreme Being, person denying existence of, cannot hold office XVII 4 50 Supplementary taxes for schools XI 6 44 how collected and disbursed XI 6 45 income of sale of liquors in aid of XI 12 46 not to be levied, when XI 12 4G Tax, none for use of navigable waters, except I 28 9 capitation, on certain domestic animals X 1 40 on incomes may be provided X 1 40 none, except in pursuance of law X 3 40 how applied X 3 40 for schools, 3 mills XI 6 44 Taxes, payment of, for past year necessary to vote II 4 10 certificate or receipt proof of payment 11 4 11 property not exempt from wi 28 17 laid according to actual value Ill 29 18 in municipalities restricted VIII 3 33 corporate must be uniform VIII 6 34 privileged, how graduated VIII 6 34 all, levied on same assessment X 13 43 how collected X 13 43 • 81 Art. Sec. Page. laxation, in proportion to value I 6 7 manufactories, how and when exempt from certain VIII 8 34 uniform rate of X 1 40 certain property exempt from X 4 40 Teachers of public schools, residence of, for voting II 4 10 Telephone plant, how right to construct, granted VIII 4 34 Tickets, excursion or commutation, may be issued IX 5 36 Title to certain lands vest in State XIV 2 48 Toll, none on navigable waters, except I 28 9 Tools and implements of single man exempt from levy and sale... Ill 28 18 Town, no County line through VII 14 33 none organized, except how VIII 2 33 Towns may organize under general laws VIII 1 33 when special charters cease VIII 1 33 power to levy taxes restricted VIII 3 33 may acquire and operate water and light plants VIII 5 34 collect taxes for corporate purposes VIII 6 34 to same effect X 5 41 may exempt manufactories from taxes, how VIII 8 34 Townships corporate bodies VII 11 32 government for, may be provided VII 11 32 property exempt from taxation X 4 40 may tax for corporate purposes X 5 41 bonded debt of, limited X 5 41 may issue bonds for what purpose X 6 42 Treasurer, State, elected by IV 24 23 term of office of IV 24 23 compensation of ly 24 23 Treason defined I 22 9 how convicted of I 22 9 Trial Justices declared Magistrates V 20 27 by nury preserved , . V 22 28 Ti-ust funds, appropriating to private use, officers removed for IV 22 22 Trusts shall be prevented IX 13 21 "True value in money" defined X 5 41 Trustees of corporations, how elected IX 11 21 schools shall disburse school funds XI 6 44 Truth in evidence in libel I 21 9 University of South Carolina XI 8 45 Claflin XI 8 45 Vacancy in office of penal and charitable institution, how filled XII 8 47 by impeachment, how filled XV 1 49 Vacancies in Senate and House 'of Representatives, how filled Ill 25 16 Supreme Court, or inferior tribunals, how filled V 11' 25 Venue, change of, in Magistrates' districts V 23 28 all cases VI 2 30 Veto to bill or joint resolutions IV 23 23 to any part of appropriation bill IV 23 23 Villages may be permitted to levy what taxes X 5 41 Volunteer forces exempt from arrest when XIII 2 48 may be called out when XIII 2 48 Voting, persons disqualified from II 6 11 Warrants, how issued I 16 8 82 Art. Sec. Page. Water works, how right to erect, granted VIII 4 34 and plants, cities may acquire VIII 5 34 Waters, navigable, highways I 28 9 free from tax, &c I 28 9 Wharf, no tax for, unless I 28 9 White person and negro cannot marry HI 33 18 Widows, certain, pensions for XIII 5 48 Wife and husband, both sign deed or mortgage of homestead after assignment Ill 28 18 Winthrop Normal and Industrial College XI 8 45 Witness not compelled to be against himself I 17 8 Witnesses, accused confronted by I 18 8 shall have process to obtain I 18 8 not be unduly detained I 19 8 two, necessary in treason I 22 9 in lynching cases paid by State VI 6 31 Woman, unmarried, sexual intercourse of under 14 Ill 33 18 eligible to certain offices and clerkships XVII 1 50 married, property of, how held XVII 9 51 power to contract XVII 9 57 Writs, certain, issued at chambers V 25 28 and processes in name of State V 31 29 attested by Clerk of Court V 31 29 present, valid, except XVII 11 51 continued XVII 11 51 "Yeas" and "nays" may be demanded by five members of Senate... Ill 22 16 ten members of House . . Ill 22 16 necessary to pass Bill over Governor's veto and entered on Journal IV 23 22 on addresss of removal entered on Journals . . . XV 4 49 on amendments to Constitution entered on Journals XVI 1 49 83 ORDINANCES PASSED BY THE South Carolina Constitutional Convention OF 1895. THE State of South Caeolina; At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred iind ninety five. AN ORDINANCE To Establish a New Judicial and Election County fhom a Portion of the Territory of Edgefield County, to Be Called Saluda, with Boundaries as Hereinafter De- scribed. We, the people of the State of South Carolina, by our delegates in Convention assembled, do ordain: Section 1. That a new judicial and election County, which shall be known as Saluda County, shall be formed, and is hereby authorized to be formed, with the following boundaries, to wit: Beginning at the centre of Big Saluda River at a point opposite the corner of Edgefield and Lexington Counties, thence the Edgefield and Lexington line to the corner of Lexington and Aiken Counties, thence the Edgefield and Aiken line to a point three miles north of where the public road crosses said line near Lybi'and's old mill, thence a straight line to ten-mile post on public highway leading from Edgefield to Co- lumbia near the residence of J. W. L. Bartley, thence a straight line to the junction of the public road leading from Pleasant Cross with the Long Cane road near Wm. Lett's, thence by the Long Cane road to Matt. Mathis' Cross Roads, thence a straight line to Owdom's post- offlce, thence a straight line to Little Red Hill school house near Dr. Landrum's old place, thence a straight line to a point on the north- western line of Pine Grove Township, one mile north of Double Bridges, thence along the northwestern boundary of Pine Grove Town- ship, to the point on the old Charleston and Cambridge road where it crosses Halfway Swamp Creek, thence down the middle of Halfway Swamp Creek to a point in the middle of Saluda River opposite the mouth of said creek, thence down the middle of Big Saluda River to 84 the initial point; and the territory embraced within the said lines shall be known as the Connty of Saluda. Section 2. That J. H. Edwards, B. "W. Crouch, Alvin Ethredge, P. C. Stevens, B. L. Caughman, James P. Bean, C. P. Boozer, J. R. Watson, and J. B. Suddath be, and are hereby, appointed Commis- sioners to have the boundaries of said new County Saluda as above in- dicated, surveyed and properly marked, as well as to designate and establish the County seat; Provided, That the County seat shall be located within three (3) miles of the geographical centre of the County, to be ascertained by drawing diagonal lines from the four corners of the County and taking the point of crossing as such centre, the parti- cular site to be decided by vote of the people in said County at an elec- tion which shall be held in accordance with law by order of the Gov- ernor; and to provide suitable buildings for the several Court and County officers, and to select and purchase or procure sites for the usual public buildings, and contract for and superintend the erection of the court house and jail thereon, and said public buildings shall be built at the expense of the citizens of the said Count}' of Saluda; and to meet the said demand a special tax, not exceeding two mills on the dollar of the assessed value of real and personal property in said Coun- ty, be levied by the proper County officials hereinafter provided for, in accordance with the laws now in force regulating the assessment and collection of taxes. Section 3. That an election shall be held in the County of Saluda on Tuesday following the first Monday in November, A. D. 1896, or on such other daj' as may be provided by law hereinafter, for mem- bers of the General Assembly and for the regular County officers pro- vided for by the Constitution and laws of the State. Section 4. That until the next apportionment of Representatives the said County of Saluda shall be entitled to two Representatives. Section 5. That the voting precincts heretofore established by law in that portion of Edgefield County embraced in the limits of Saluda County shall be the precincts of Saluda County. Section 6. That the County of Saluda be, and is hereby, attached to the Second Congressional District, and shall form part and parcel of the Fifth Judicial Circuit, and that the regular terms of the Courts of General Sessions and Common Pleas shall be held at such times as shall be fixed by law ; and that the Trial Justices located in that portion of Edgefield County embraced in the limits of Saluda County shall be continued in office until their successors shall have been appointed and qualified; Frovidcd, Itonvrer, That from and after the time this ordi- nance goes into effect they shall be confined and limited in their official capacity, duty and power to said limits of Saluda County. Section 7. That from and after the first day of December, A. D. 189(), all suits pending in the Courts of Edgefield of which the defend- ants reside in that portion of said County now established as the County of Saluda, and all indictments pending in the said County of Edgefield where the offence was committed in that part of said County now established as the County of Saluda, shall be transferred to the 85 Calendars of the Courts of the said County of Saluda; and all records, commissions and other papers belonging to any of the said suits or in- dictments, together with all the legal incidents thereto appertaining, shall be transferred to the Clerk of the Court of the said County of Saluda. Section 8. That the Governor be, and is hereby, authorized and empowered to appoint a Commission of five persons, two of whom shall be residents o^ the County of Edgefield, two residents of the new County of Saluda, and one resident of some other County of the State, which said Commission shall divide and apportion between the two Counties herein provided for the present lawful bona fide indebtedness of the old County of Edgefield, having regard to the amount of unpaid taxes due to the said County of Edgefield. ^ Section 9. The General Assembly may pass any Act not incon- sistent with this Ordinance to carry the same into effect. Done in Columbia, the sixteenth day of October, in the year of our Lord, one thousand eight hundred and ninety -five. JNO. GARY EVANS, ■^ttsst: President' of Convention. S. W. Vance, Secretary of Convention. The State of South Carolina: At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety -five. AN ORDINANCE To Provide an Alphabetical Index and Marginal Notes to THE Constitution and Ordinances of the Convention OF the Year 1895. Whereas, it is desirable to facilitate and afford easy reference to the provisions of the Constitution of the year 1895; now, Be it ordained by the people of the State of South Carolina, in Con- vention assembled, and by the authority of the same : Section 1. That C. M. Efird is hereby authorized and appointed to prepare a complete alphabetical index, with marginal notes, of the Constitution and Ordinances adopted by this Convention, to form a part of this Constitution and Ordinances when printed, and that he receive as compensation therefor fifty dollars, the same to be paid him by the State Treasurer upon the warrant of the Comptroller-General. JNO. GARY EVANS, Attest; President. S. W. Vance, Secretary of Convention. 86 The State of South Carolina . At a Convention of the people of the State of South Carolina, begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE To Provide for the Payment of Interest on the Public Debt of the State of South Carolina to Become Due on the First Day of January, A. D. 1896, and to Re- quire the General Assembly to Make Appropriations for That Purpose. We, the people of South Carolina, by our delegates in Convention assembled, do ordain : Section 1. That the Governor and State Treasurer be, and are hereby, authorized to make arrangements for the payment of the semi- annual interest due on the public debt of the State on the first day of January, A. D. 1896, and, if necessary, in anticipation of the collection of taxes, they are hereby authorized to borrow for that purpose » sum not exceeding one hundred and sixty thousand dollars. Section 3. That the General Assembly, at its next session, is here- by required and directed to make an appropriation for the payment of said loan. Done in Convention, in Columbia, on the third day of December, A. D. 1895. JNO. GARY EVANS, Attest : President of Convention. S. W. Vance, Secretary of Convention. 87 The State of South Carolina : At a Convention of the people of the State of South Carolina, begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE To Authorize the General Assembly to Provide for a Sinking Fund in the Several Counties of the State to Enable the Same to Do Business on a Cash Basis. Whereas in most, if not in all, of the Counties of the State the taxes are never realized until a year after the levy, and consequently the contracts for ordinary County purposes and for the running of the schools have to be made on a credit instead of a cash basis ; and whereas this is an evil that ought to be remedied, Therefore, Be it ordained by the people of the State of South Carolina, in Con- vention assembled, and by the authority of the same : Section 1. That the General Assembly may provide for an annual tax levy, not to exceed one-half of one mill, in each County not now on a cash basis. The proceeds of all such levies shall be used as a sinking fund for each and every County in which it is levied and collected, and shall be invested or paid out as the General Assembly shall direct, un- til an amount sufficient shall have been collected to put such Counties on a cash basis, then such annual levies shall cease. Done in Convention, in Columbia, on the third day of December, A. D. 1895. JNO. GARY EVANS, Attest : President of Convention. S. W. Vance,' Secretary of Convention. 88 The State of South Carolina . At a Convention of the people of the State of South Carolina, begun and holden at Columbia on the tenth day of Septembeiv in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINAisrCE In Regard to Paying the State Printer. Be it ordained by the people of the State of South Carolina, in Con- vention assembled ; That the Comptroller-General be authorized to audit the accounts of the State Printer for work done for the Convention before or after the adjournment nine die, and to draw his warrant upon the State Treasurer therefor upon the production of the proper vouchers. Done in Convention, in Columbia, on the third day of December, A. D. 1895. JNO. GARY EVANS, Attest ; President of Convention. S. W. Vance, Secretary of Convention. The State of South Carolina . At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety -five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE To Provide for the Pay of the Commissioners and Man- agers of Election. Be it ordained by the people of the State of South Carolina : That the General Assembly, at its next session, shall provide reason- able compensation for the Commissioners, Managers and other officers, who conducted the election for members of this Constitutional Conven- tion. Done in Convention, in Columbia, on the third day of December, A. D. 1895. JNO. GARY EVANS, Attest ; President of Convention. S. W. Vance, Secretary of Convention. 89 The State of South Carolina: At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety -five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE To Provide That the General Assembly May Enact Laws Necessary to Validate and Carry into Effect the Subscriptions to the Capital Stock of the Carolina, Knoxville and Western Railroad Company, Hereto- fore Voted For and Authorized by the Qualified Electors of Greenville County. We, the people of South Carolina, by our delegates in Convention assembled, do ordain: Section 1. That nothing contained in the Constitution adopted by the people of South Carolina, now in Convention assembled, shall inhibit the General Assembly from enacting all laves necessary to validate and carry into effect the subscription to the capital stock of the Carolina, Knoxville and Western Railroad Company, heretofore voted for and authorized by the qualified electors of Greenville County : Provided, That said railroad company shall comply with all the conditions upon which the said bonds were originally voted: And provided, further, That the qualified electors of said County shall reaffirm the grant of authority to issue said bonds at an election called for the purpose within such time as the General Assembly may prescribe. Done in Convention, in Columbia, on the third day of Decem- ber, A. D. 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 90 The State of South Carolina; At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCK To Provide vor the Payment of the Per Diem and Mile- age OF Delegates, Officers and Employees of the Convention and Other Necessary Expenses, and to Require the General Assembly to Make Additional Appropriations to Pay the Same. We, the people of South Carolina, by our delegates in Convention assembled, do ordain: Section 1. That the amount of |30,000. if so much be necessary, in addition to the |30,000 appropriated by the last General Assembly, be, and is hereby, appj-opi'iated to pay the per diem and mileage of the delegates, officers and employees of the Convention and other necessary expenses. Section 3. That the Governor and State Treasurer be, and they are hereby, authorized to borrow sufficient money to meet this addi- tional appropriation, and the State Treasurer is hereby authorized to pay it out upon the warrants of the Comptroller-General, who is here- by required to issue his warrant or warrants for this additional appropriation, or so much thereof, as may be necessary to meet the purposes of this Ordinance. Section 3. That the General Assembly is hereby required and directed, at its next session, to make an appropriation, sufficient to pay the amount of money the State Treasurer is herein authorized to borrow for the payment of the balance of the per diem and mileage of the delegates, officers and employees of the Convention, and other necessary expenses, after the exhaustion of the |30,000 already appro- priated by the General Assembly. Done in Convention, in Columbia, on the third day of Decem- ber, A. D. 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 91 The State of South Carolina: At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety -five, and thence con- tinued by divers adjournments to the fourth day of December in the year of our Lord one thousand eight hundred and ninety -five. AN ORDINANCE To Provide That the General Assembly May Enact Laws Necessary to Validate and Carry into Effect Sub- scriptions TO THE Capital Stock of Certain Railroad Companies, Heretofore Voted by the County of Fair- field, AND TO Validate and Authorize the Issue of Bonds in Pay'ment of the Same. Be it ordained by the people of South Carolina, in Convention as- sembled, That nothing contained in the Constitution adopted by the people of South Carolina, now in Convention assembled, shall pro- hibit the General Assembly from enacting laws necessary to validate and carry into effect the subscription to the capital stock of the Cape Fear and Cincinnati Railroad Company, and the subscription to the capital stock of the Wadesboro, Winnsboro and Camak Railroad Company, heretofore voted for and authorized by the qualified elec- tors of Fairfield County, and to validate and aiithorize the issue of the bonds of said County in payment of the same; Provided, That the said railroad companies comply with all the conditions ujjon which said subscriptions and bonds were originally voted: And pro- vided, further. That the qualified electors of said County reaffirm the grant of authority to issue said bonds in payment of said subscrip- tions to either or both of said railroad companies at the next general election for State and County officers. Done in Convention, in Columbia, on the third day of Decem- ber, A. D. 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 92 The State of South Carolina : At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE Fixing the Pay and Mileage of the Members, Officers AND Employees of This Convention. We, the people of South Carolina, in Convention assembled, do ordain ; Section 1. That the following sums, if so much be necessary, be, and the same are hereby, appropriated to pay the expenses of the Constitutional Convention from the tenth day of September, eighteen hundred and ninety-five, to the close of the session (except the time of the recess taken from the fourth day of October, eighteen hundred and ninety-five, to the fifteenth day of October, eighteen hundred and ninety -five, ) to the close of the session, as follows : For the per diem of the members at two dollars, and an additional per diem of two dollars from the sixteenth day of October, eighteen hundred and ninety-five, to the end of the session; for the pay of S. W. Vance, Secretary of the Convention, six hundred dollars; for the pay of P. L. Melton, Assistant Secretary of the Convention, four dollars per day; for the pay of H. R. Flannigan, Second Assistant Secretary of the Convention, three dollars per day; for the pay of J. T. Gantt, Journal Clerk, three dollars per day and three dollars per daj' for indexing after adjournment, not to exceed twenty days, such number of days as are absolutely necessary to be certified to by the Secretary of the Convention; for the pay of D. H. Witherspoon, Bill Clerk, three dollars per day; for the pay of A. H. Dagnall, Reading Clerk, three dollars per day; for the pay of E. P. Jennings, Postal Clerk, two dollars per day; for the pay of R. M. Jolly, Doorkeeper, two dollars and fifty cents per day; for the pay of Joseph Witherspoon, Assistant Doorkeeper, two dollars per day; for the pay of W. J. Shelton, Gallery Doorkeeper, two dollars per day; for the pay of Glenn Smith, James Robinson, J. B. Hughes, Belton Drafts Caughman, J. W. McCalla, U. R. Brooks, Jr. , Pages of the Constitutional Convention, each one dollar and fifty cents per day; for the pay of W. W. Lazenbury, West Oliphant, Damon Cantey, Council Cross, James Adamson and Aaron Owens, Laborers, each one dollar and fifty cents per day; for the pay of W. Boyd Evans, Clerk of Judiciary Committee, two dollars per day; for the pay of Benjamin W. Crouch, Clerk of the Suffrage Committee, two dollars per day; for the pay of Levi David, Clerk of the Educational Committee, two dollars per day; for the pay of A. R. Harmon, Clerk of the Executive Committee, two dollars per day; for the pay of J. W. Wessinger, Clerk of the Legislative Committee, two dollars per day ; for the pay 93 of R. L. Freeman, Clerk of the Committee on Finance and Taxation, two dollars per day; for the pay of G. P. Smith, Clerk of the Com- mittee on Declaration of Rights, two dollars per day; for the pay of E._ "W. Townsend, Clerk of the Committee on Miscellaneous Matters, two dollars per day; for the pay of G. H. Charles, Clerk of the Com- mittee on Counties and County Government, two dollars per day; for the pay of W. H. Yeldell, Chief Clerk of the Engrossing Department, three dollars per day; for the pay of N. H. Stansell, Sergeant-at- Arms, three dollars per day; for the pay of the two Chaplains of the Convention, seventy-iive dollars each. Section 3. Be it further ordained, That the mileage of the mem- bers of the Convention shall he five cents per mile, to and from the Convention by the usual routes. And he it further ordained, That according to a resolution passed by the Constitutional Convention on the twenty-first day (Thursday, October third, eighteen hundred and ninety-five), the members, officers and employees of this Convention be paid five cents per inile going to their homes during the I'ecess and returning therefrom. Section 3. Be it further ordained. That the following sums, if so much be necessary, be appropriated; To pay for the printing connect- ed with the Convention, dollars; for lights, |700; for stationery, dollars. Section 4. The disbursing officer of this Convention shall, upon the adjournment thereof, or as soon thereafter as practicable, issue to the widows of the late J. O. Byrd, R. H. Hodges and J. M. Sprott, members of this Convention, who died while in attendance thereon, pay certificates for the amounts which would have been due their re- spective husbands had they lived and been in attendance upon this body when it adjourned. Section 5. Each delegate, officer and employee be allowed mileage at five cents per mile going to his home and returning, for the recess from the twenty-seventh day of November to the third day of Decem- ber ; that no per diem be allowed for said recess to delegates, officers and employees, except to those who remained in Columbia sick during the recess and except those delegates who shall attend the meetings of the Committee on Order, Style and Revision, and the clerks employed by said Committee shall be paid four dollars per day. Done in Convention, in Columbia, on the third day of Decem- ber, A. D. 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 94 The State of South Carolina: At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth da}' of September, in the year of our Lord one thousand eight hundred and ninety-five, and thfence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five. AN ORDINANCE To Provide That the General Assembly May Enact Such Laws as May Be Necessary to Validate and Carry in- to Effect Subscriptions to the Capital Stock of Cer- tain Railroad Companies, Heretofore Voted by the County of Chesterfield and by the City op Spartan- burg, Respectively, and to Validate and Authorize the Issue of Bonds in Payment of the Same. Be it ordained by the people of South Carolina, in Convention as- sembled. That nothing in the Constitution ordained and established by the people of South Carolina, now in Convention assembled, shall prohibit the General Assembly from enacting such laws as maj' be necessary to validate and carry into effect the subscriptions to the capital stock of the Chesterfield and Lancaster Railroad Company, and to the Chesterfield and Kershaw Railroad Compan}', heretofore voted for and authorized by the qualified voters of Chesterfield County, and to validate and authorize the issue of the bonds of said County in payment of the same; or from enacting siich laws as ma.v be necessary to validate and carry into effect the subscription by the city of Spartanburg to the capital stock of the Spartanburg and Rutherfordton Railroad Company heretofore voted for and authorized by the qualified voters of the city of Spartanburg, and to validate and aiithorize the issue of the bonds of said city in payment of the same. Done in Convention, in Columbia, on the twentieth day of No- vember, A. D. 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 95 The State of South Carolina: At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hxindred and ninety -five, and thence con- tinued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety -five. AN ORDINANCE To Postpone the Next Regular Session of the General Assembly from the Fourth Tuesday in November, 1895, TO THE Second Tuesday in January, 1896. Be it ordained by the people of South Carolina, in Convention as- sembled, and by authority of the same. That the next regular session of the General Assembly of this State, appointed by law, to be held on the fourth Tuesday of November, in the year of our Lord one thotisand eight hundred and ninety-five, be, and the same is hereby, postponed until the second Tuesday of January, in the year of our Lord one thousand eight hundred and ninety -six; and that the Gov- ernor of the State, be, and is hereby, authorized and empowered to issue his proclamation to that effect. Done in Convention this eighteenth day of November, 1895. JNO. GARY EVANS, Attest: President of Convention. S. W. Vance, Secretary of Convention. 96 INDEX TO ORDINANCES. PAGE. An Ordinance authorizing the Comptroller General to audit accounts of the State Printer 88 An Ordinance establishing the County of Saluda 83, 84 and 85 An Ordinance fixing the pay of menabers, officers and employees 92 and 93 An Ordinance postponing session of General Assembly for 1895 95 An Ordinance providing for index and marginal notes for Constitution and Ordinances 85 An Ordinance providing for payment of interest on public debt 86 An Ordinance providing for sinking fund in several Counties 87 An Ordinance providing for pay of Managers and Commissioners of Election. 88 An Ordinance providing for payment of members, officers and employees, and other expenses 90 An Ordinance validating subscription to Carolina, KnoxviUe and Western Railroad Company 89 An Ordinance validating subscription to Cape Fear and Cincinnati Kailroad Company, 91 An Ordinance validating subscription to the Chesterfield and Kershaw Rail- road Company 94 An Ordinance validating subscription to the Chesterfield and Lancaster Kail- road Company 94 An Ordinance validating subscription to the Spartanburg and Rutherfordton Railroad Company 94 An Ordinance validating subscription to the Wadesboro, Winnsboro and Ca- mak Railroad Company 91