S. 91 (H. 29.—Mr. Stevenson): A Joint Resolution to require the State Librarian to deliver copies of the Code of 1912 to each of the Justices of the Supreme Court, And has ordered the Joint Resolution enrolled for ratification. Very respectfully, MENDEL L. SMITH, Speaker of the House. Received as information. In the House of Representatives, Mr. President and Gentlemen of the Senate: The House respectfully informs your honorable body that it has concurred in the Senate amendments to S. 132 (H. 80.-Mr. Hutson): A Bill to repeal so much of the Acts of 1912 creating Jasper county as provided for certain County Commissioners as named in said Act, And has ordered the Bill enrolled for ratification. Very respectfully, Received as information. MENDEL L. SMITH, Speaker of the House. PETITION PRESENTED. Mr. CARLISLE presented a petition from twenty-eight persons, asking that the child labor laws be unchanged. MESSAGE FROM THE GOVERNOR. MESSAGE No. 15. The State of South Carolina, Executive Department. Gentlemen of the General Assembly: I herewith transmit to you preamble and resolutions which I introduced at a meeting of the Sinking Fund Commission, held on January 28th, in the hope that the differences heretofore and now existing between the members of said Commission might be amicably adjusted, and that peace and harmony might be brought about, and the State debt refunded, if it could be, to the best interests and to the best advantage of the people of the State. The Sinking Fund Commission, at a meeting held this afternoon (January 31st), by a vote of four to two, declined to adopt the said preamble and resolutions, and I now transmit the same to you, with the request that they be referred to the Judiciary Committees for their careful and thoughtful consideration, and for such action as they may deem advisable. I beg leave, however, to say to you, in all frankness, that I consider it a very serious matter, and that it is most important, in the interest of the credit of the State, that the two factions of the Sinking Fund Commission be brought together in the adjustment of the matter. I have done what I thought was right and proper to that end, and I now submit it to you, the direct representatives of the people. Very respectfully, Columbia, S. C., January 31, 1913. COLE. L. BLEASE, Governor. Whereas, The constitutionality of the Refunding Act of 1912 is questioned in the proceedings now pending in the Supreme Court in the case of State ex rel. W. W. Ray v. Sinking Fund Commissioners, upon the ground that the public debt will be increased by the refunding of certain bonds therein specified, without submitting the question to the qualified voters of the State as required by the Constitution, and on other grounds stated in the petition; and, Whereas, In the opinion of the Commission, these defects, if any. can be cured by proper amendment of the Act of 1912 by the present General Assembly; and, Whereas, It is the opinion and judgment of some of the members of the Commission that the Act of February, 1912, should be so amended as to make the said refunding bonds attractive as investments to banks located in South Carolina, and thereby increase the number of bidders and encourage competition in the sale of said bonds, by incorporating a section in said Act similar to the Refunding Act of 1892, to wit: "That so much of the capital stock or funds of any bank, banking association or other corporation of any nature or kind, located within this State, as is or shall be invested in the bonds and stocks, or either of them, the issue of which is provided for in this Act, shall be exempt from all State, county, township, municipal or other taxation;" and, Whereas, The foregoing and any other proper amendments may be readily made by the General Assembly now in session and without material delay in the refunding of the said bonds; and, Whereas, The total assets of this Commission for reduction and payment of these bonds amounted to $822,662.79 on the 31st of December, 1912, a great portion of which amount is invested in loans to the State and the various counties of the State at five per cent. per annum, from which loans an income is derived that is much greater than the amount that would be saved in interest by retiring said bonds; and, Whereas, The calling of these loans at the present time will cause great inconvenience to the State and the various counties in making proper arrangements to take up said loans and in failing to secure. other loans from the Commission for the current expenses during this year, and, in practically all cases, will force the said counties to pay a higher rate of interest on their loans, provided they are able to secure said loans from other sources at all; and, Whereas, The said bonds can and may be called in and paid, in whole or in part, at any time after the expiration of twenty years from date of issue, which date of expiration was the 1st of January, 1913; and, Whereas, This Commission has been advised, in writing, by the Attorney General that any and all action taken in the matter of refunding these bonds by the Sinking Fund Commission, under the Act of 1912, since the general election of 1912, under the circumstances and conditions existing at that time, was illegal and void and should be rescinded; and, Whereas, It appears that no agreement has been entered into and no arrangements made for the sale of said refunding bonds pending the determination of the present proceedings in the Supreme Court; and, Whereas, At the time of said action there was only one of the present members of the Commission present and taking part in said. proceedings; and, Whereas, There are now unquestionably no vacancies existing on said Commission, and the Commission as now constituted has four new members, who have had no part in this matter, and who have not had sufficient time to familiarize themselves with this matter, which is of much importance to the best interest of the State; and, Whereas, It is extremely necessary, in order to preserve the present credit of the State and in order to place and sell the said bonds to the best possible advantage, that in so important a matter the entire membership of the Commission should act in a harmonious manner and with unanimity; and, Whereas, In view of all the circumstances above set forth it is to the best interest of the State and all parties that the former action of the Commission should be rescinded and the Act properly amended so that there shall be no question as to the validity of said bonds when issued; now, therefore, Be it resolved, That the resolution of this Commission heretofore passed on the 23d day of December, 1912, and any and all action taken by this Commission under said resolution, be, and the same is hereby, rescinded. Resolved, 2. That the Chairman of the Finance Committee of the Senate and the Chairman of the Ways and Means Committee of the House be requested to have prepared and introduced whatever Bills may be necessary to have said Act properly amended. Received as information, and, on motion of Mr. CARLISLE, the message was referred to the Committee on Judiciary. COMMUNICATION FROM MR. W. L. GLAZE. Mr. LIDE presented the following: Orangeburg, S. C., January 29, 1913. To the General Assembly of the State of South Carolina. Gentlemen: On January 22, 1913, you did me the honor of electing me Judge of the First Judicial Circuit of this State. For this manifestation of your esteem and confidence I am profoundly grateful. I feel that you have honored me far beyond what I deserve. I beg that you will permit me to say that I was surprised when I learned of my election, as I had no idea that I would be voted for until the election was over. For reasons which I deemed sufficient, and which were satisfactory to myself, I had repeatedly declined, when approachd by my closest friends and urged to allow my name to be used in connection with the positon. I was in no sense a candidate. These things being true, I felt, when I learned of my election, that an honor had been conferred which no patriotic citizen could lightly regard. After thoughtful consideration, and in view of the many kind expressions of confidence and satisfaction which came to me from my brethren of the profession and friends from all parts of the State, and the very flattering comments of the press, I determined to make any personal or financial sacrifice that might be involved in accepting the position. The only question then remaining to be settled was the question of my health and my physical ability to discharge successfully and satisfactorily the duties of the exalted position. This, of course, could be determined alone by my trusted physician. At the earliest possible moment I submitted the matter to him, and, I regret to say, that he unhesitatingly and emphatically advises me that I should not take upon myself the work of a Judge; that if I do so, it would be a very great risk, and even peril, to myself. I have his certificate and opinion in writing. I regret, gentlemen, to burden you with a recital of these facts, or to have publicity given to them, but I desire you to know the truth, and to know also that I have not been unmindful of the distinguished honor which you, unsolicited, have bestowed on me. For the reason stated, I am compelled to decline the position. In conclusion, gentlemen, permit me again to express to you the deepest gratitude of my heart, for what I regard as the highest honor ever conferred upon me, and which I shall ever cherish. With the best wishes for you all, gentlemen, and with the sincere hope that you may be guided by Divine Providence in all your deliberations, I am, Very gratefully and sincerely, Received as information. WM. L. GLAZE. Mr. LIDE then presented the following: RESOLUTION ADOPTED. S. 229. Mr. LIDE: A Concurrent Resolution-Resolved by the Senate, the House of Representatives concurring, That the two houses meet in Joint Assembly on Wednesday, the 5th day of February, A. D. 1913, at noon, for the purpose of electing a Judge of the First Judicial Circuit. On imemdiate consideration the Concurrent Resolution was adopted. Ordered sent to the House for concurrence. TIME FIXED. Mr. LANEY moved that when the Senate adjourns it stand adjourned to meet Tuesday, February 4th, at 8 p. m., which motion. was adopted. ADJOURNMENT. At 9:50 p. m. the Senate, on motion of Mr. CHRISTENSEN, adjourned. |