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son, Robinson, L. M. Rogers, W. S. Rogers, Jr., Sanders, Schroder, Walter M. Scott, Senseney, Sherwood, Shirley, Smiley, Stanley, Stevenson, Strickland, Sturkie, Tindal, Vander Horst, Walker, Warner, Warren, Whaley, White, Wilburn, Williams, C. C. Wyche, C. T. Wyche and Youmans-107.

The following named member voted for the Hon. T. P. Cothran: Mr. Welch.

RECAPITULATION.

Total number of Senators voting...
Total number of Members voting..

35 108

Grand total
Necessary to a choice. ...
Of which the Hon. Geo. E. Prince received...
Of which the Hon. T. P. Cothran received...

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Whereupon, the PRESIDENT announced that the Hon. Geo. E. Prince, having received a majority of the votes cast, was duly elected Judge of the Tenth Circuit for the full term provided by law.

The PRESIDENT of the Senate then declared that, the object for which the Joint Assembly had convened having been accomplished, the Joint Assembly was dissolved, and the Senate returned in a body to its Chamber.

CONCURRENT RESOLUTIONS.

RESOLVING WORDS STRICKEN OUT.

S. 89 (H. 61.-Mr. Miller): A Concurrent Resolution providing for decoration of Capitol building.

Mr. DENNIS moved to strike out the resolving words of the Concurrent Resolution, which motion, on a division vote, was agreed to by a vote of 17 to 15.

Mr. WESTON then moved to reconsider the vote whereby the resolving words of the Concurrent Resolution were stricken out.

The question was taken on agreeing to the motion of the Senator from Richland, on which the yeas and nays were demanded and taken, resulting as follows:

Yeas.-Messrs. Ackerman, Clifton, Ginn, Hardin, Hough, Lawson, Manning, McLaurin, Mullins, Sinkler, Verner, Walker, Weston and Young—14.

Nays.---Messrs. Appelt, Banks, Beamguard, Black, Carlisle, Crouch, Dennis, Earle, Epps, Goodwin, Gross, Hall, Johnson, Ketchin, Laney, Lide, Mars, Maudin, McCown, Nicholson, Patterson, Strait, Stuckey, Sullivan and Williams—25.

So the motion was lost and the Senate refused to reconsider the vote whereby the resolving words were stricken out.

CONCURRENT RESOLUTION ADOPTED.

S. 110.-Mr. APPELT: A Concurrent Resolution.

Be it resolved by the Senate, the House of Representatives concurring, That the Governor be, and he hereby is, requested to permit such organizations of the National Guard of the State as may desire to participate in the inaugural parade at Washington, D. C., on March 4, 1913.

On immediate consideration the Concurrent Resolution was adopted.

Ordered sent to the House for concurrence.

S. 111.-Mr. CHRISTENSEN: A Concurrent Resolution to authorize the Committee on Enrolled Acts, from the House of Representatives and Senate, to employ a Clerk.

Be it resolved by the Senate, the House of Representatives concurring,

Section 1. That the Committees on Enrolled Acts from the House of Representatives and Senate, be authorized to employ a Clerk for the last three weeks of the session of 1913.

Sec. 2. That the compensation of said Clerk shall be four ($4) dollars per day.

On immediate consideration the Concurrent Resolution was adopted.

Ordered sent to the House for concurrence.

INVITATION ACCEPTED.

Mr. WESTON presented the following: To the Honorable, the General Assembly of the State of South

Carolina : The officers and management of the Fifth National Corn Exposition hereby cordially invite you to attend the opening exercises of the Exposition, to take place at the Exposition Grounds, beginning at 4 o'clock, Monday afternoon, January 27th, 1913.

GEORGE H. STEVENSON,
Secretary and General Manager.

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S. 109.-Mr. WESTON: A Concurrent Resolution.

Whereas, The Fifth National Corn Exposition, a great national agricultural exposition devoted to the improvement of agriculture and the development of rural life, is to be held in the.city of Columbia for two weeks, beginning January 27th, 1913; and,

Whereas, The formal opening exercises of this argicultural exposition will be held at the Exposition Grounds, beginning at four o'clock, Monday afternoon, January 27, 1913; and,

Whereas, The officers and management of the Fifth National Corn Exposition have extended an invitation to the General Assembly of the State of South Carolina to be present upon this occasion; now, therefore,

Be it resolved by the Senate, the House concurring, That the General Assembly of the State of South Carolina, do accept this invitation to attend these formal exercises at 4 o'clock, Monday afternoon, January 27, 1913, and extend its thanks to the officers and management for the same.

On immediate consideration the Concurrent Resolution was adopted.

Ordered sent to the House for concurrence.

RESOLUTION ADOPTED.

S. 88 (H. 100.—Mr. M. J. Ashley): A Concurrent Resolution providing for investigation of charges made by the Governor against President of South Carolina University.

On motion of Mr. HARDIN, the Resolution was amended by strink out "two" and inserting "three" in regard to members of Senate on Committee.

As amended the Concurrent Resolution was adopted.
Ordered returned with concurrence as amended.

REPORT PRESENTED.

Mr. CHRISTENSEN, for the Committee appointed to investigate into the affairs of the various educational institutions, presented the report for the Committee. The report will appear in the volume of Reports and Resolutions.

REPORT The Joint Committee on Penitentiary and Medical Affairs, to which was referred that part of the Governor's Message referring to the hosiery mill, beg leave to report as follows:

The Joint Committee think it best to refer this part of the Governor's Message to the Committee on Judiciary, as the Bill providing for the abolishment of the hosiery mill is before that Committee, and a hearing for all parties concerned will be had before that Committee.

The Joint Committee give as a further reason for referring this part of the Governor's Message to the Judiciary Committee, that there is a legal question involved, as to whether or not the State of South Carolina would have a right to abolish the hosiery mill under the contract entered into by the Directors of the Penitentiary with the present contractor.

The Joint Committee, therefore, think it best to refer that part of the Message to the Judiciary Committee, and request that it be done.

J. B. BLACK, Chairman Committee on Medical Affairs.

T. J. STRAIT, Chairman of Committee on Penitentiary.

The report was adopted.

COMMUNICATION FROM CODE COMMISSIONER.

To the Honorable Gentlemen of the General Assembly:

In his Message to the General Assembly on Friday, January 17th, which has been printed in the Journals, Governor Blease had something to say about the Acts and the Code of Laws of 1912.

I am not infallible, and I have no desire to shirk responsibility for any mistake which I may make. But I am your Code Commissioner, and, having taken great pride and pains in my work, I feel it a duty I now owe to myself, to you and to the State, to correct any wrong impression which may have been made by this Message upon your Honorable Body. Otherwise the criticism would pass unnoticed by me. I shall let the record speak for itself, and I crave a most careful inspection of it by you.

I beg to respectfully call your attention to page 29 of the Acts of 1912, immediately following the “List of Acts and Joint Resolutions," to the subject matter marked "Errata." You will observe that in preparing the Acts I have pointed out the very mistakes which the Governor himself brings to your attention.

He directs your attention to Act No. 425, page 751, and says that it is wrongly noted. By reference to the page of "Errata" in the Acts of 1912, which I have just mentioned, you will find this statement made by me at the time the Acts were printed:

“In Act No. 425 the note by the Code Commissioner should state that said Act was vetoed by the Governor and that the General Assembly passed it over his veto."

He further says, “I call your attention to Act No. 460, page 641," and makes the same criticism about the notation of the Code Commissioner thereon, which I wish to remind you in nowise affects the validity of the Act. Again, I beg to request that you read the page of "Errata" referred to, which is as follows:

"In Code Commissioner's note of Act No. 460, it is stated that this Act was presented to the Governor the 18th day of February, A. D. '1912.' It should be '1911,' said Act having been withheld from the Code Commissioner last year and becoming effective without the signature of the Governor." As for Act No. 418, page 738, to which he refers, I beg to report

I that I have exhibited the original Act to members of the Judiciary Committee of the Senate, and said Act shows upon its face that it was presented to the Governor on the 17th day of February, 1912, and the veto of the Governor is not written thereon, although I understand he exercised his veto in a Special Message to the General Assembly.

In this connection, I desire to say that the Governor has either drawn freely from my page of "Errata” in the preparation of the Message referred to or he has disregarded it altogether, and in either case, I beg to respectfully call it to his and to your attention.

He had just as much right, and it would have been just as fair, to have called attention to certain mistakes pointed out by me in Acts Nos. 355, 396, 438 and 580, in my page of corrections, designated as “Errata.”

But the Governor does me, himself and other officials a grave and serious injustice when he tries, in his reference to the John Kuker refund item in the Appropriation Act, to convey to the General Assembly the impression that the refund had been made and that Mr. "Kuker has the money in his pocket.” In his Message he says, "I am informed that the refund has been made," and also that, "the State is entitled to have this money back and Mr. Kuker is not entitled to have it in his pocket."

I think the General Assembly of South Carolina should also know that the Governor of the State “has also been informed that the refund has not been made." He was informed to this effect by me when he called me over the telephone last summer about the matter. He remembers that I told him that the item was printed through a

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