Journal of the Senate of the General Assembly of the State of South Carolina

mistake. That I said to him that I had caught the error in reading the advance sheets, but too late to have it corrected by the printer. He knows that I stated to him that I had taken the matter up with the Comptroller General and had asked him not to follow the printed Act in this respect. He also knows that during this conversation that I stated to him that the original Act was the law on the subject, and that it was being used and was always used as a guide by the Comptroller General in paying out money for the State. The Governor was also informed by the State Treasurer that the refund had not been made and would not be made to Mr. Kuker, and he could have gotten the same information from the records in the Comptroller General's office on Friday when he wrote his Message.

About the general criticism of the Code of 1912 I shall have but a word to say. I think it sufficient to say that I have given this work much of my time during the past two years. I have spent many days and months of arduous and painstaking, and I trust, fruitful toil upon it. You adopted it as the statutory law of the State at your session in 1912. It has been annotated, indexed and published according to the most modern and approved methods.

The legislative committeee, consisting of three able and experienced lawyers appointed by your Honorable Body, carefully inspected and examined the books before they were approved and accepted from the publishers, and in closing their report to the General Assembly expressed the belief "that the books will prove satisfactory to your Honorable Body and the people of the State," and that we have a Code which, in their opinion, "is superior to any we have ever had."

Many expressions of approval of the Code have come to me from all parts of the State. It has been commended by Justices of the Supreme Court, by Judges of the Circuit Courts, by Solicitors, lawyers and laymen. The books are on your desks. I ask you to examine them carefully. I know you will not find them perfect-no work of this kind can be-but I believe you will discover, as the Committee did, that "it is superior to any we have ever had."

I regret that I have to contradict the Governor in his statements. It seems almost like sacrilege to do so. I respect the office he holds. I love and honer and revere the memory of many men who have held this place of high trust. But I must say that I think it unfair and unjust and unbecoming the high office he holds for the Governor to seek to mislead the General Assembly by going to my page of "Errata" and calling attention to things which I had the honor and

manhood to call to your attention in my page of "Errata" ten months ago, and by his attempt to reflect upon me and other officers when he was correctly informed by me, and referred to the official records, when he made inquiry over the telephone about the matter.

I, therefore, respectfully beg to join with His Excellency in his request that you inquire into the matter, and I wish to add that I trust you will do me, yourselves, and other officials the justice to examine each of the records referred to in this paper, as well as my own record of service to the State in whatsoever trust I have held. Respectfully submitted,

Columbia, S. C., January 23, 1913.

ANDREW J. BETHEA,
Code Commissioner.

On motion of Mr. CARLISLE, the communication was ordered printed in the Journal.

SPECIAL ORDER.

The Senate proceeded to the consideration of the communication from Senator Tillman replying to Special Message No. 4, from His Excellency, the Governor.

After general discussion by Messrs. NICHOLSON, CARLISLE, APPELT, WESTON, MCLAURIN, YOUNG, CLIFTON and PATTERSON,

Mr. CLIFTON proposed the following Resolution, which was adopted:

Resolved, That the whole matter, including the Message of Governor Blease and the reply of Senator Tillman, be referred to the Committee on Judiciary for consideration, and that the said Committee take such action as to it may be deemed advisable and report to the Senate its conclusions and recommendations.

TIME FIXED.

Mr. GOODWIN moved that when the Senate adjourns it stand adjourned to meet Monday at 8 p. m., which motion was adopted.

ADJOURNMENT.

At 1:45 m., the Senate, on motion of Mr. WESTON, adjourned.

MONDAY, JANUARY 27, 1913.

The Senate assembled at 8 p. m., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

The roll was called, and, a quorum answering to their names, the PRESIDENT announced the Senate ready to proceed to business. The proceedings were opened with prayer by the Chaplain, Rev. C. A. Freed.

The Clerk proceeded to read the Journal of yesterday, whereupon, on motion of Mr. SHARPE, the further reading of the Journal was dispensed with.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

INTRODUCTION OF BILLS.

The following Bills and Resolutions were introduced:

S. 118. Mr. WESTON: A Bill to provide for the transfer and annexation of a portion of Fairfield county to Richland county, and to alter the county lines of said counties to conform thereto. Read the first time and referred to the Committee on Judiciary. S. 119. Mr. EARLE: A Bill to prevent frauds on merchants. Read the first time and referred to the Committee on Judiciary. S. 120. Mr. WESTON: A Bill to authorize the Adjutant and Inspector General to purchase a certain tract of land to be used as a mobilization grounds and camp site.

Read the first time and referred to the Committee on Finance. S. 121. Mr. GROSS: A Bill to prevent the making and maintaining of what is commonly known as a "black list" by any person, firms, corporations or associations in this State, and to provide a penalty therefor.

Read the first time and referred to the Committee on Incorporations.

S. 122. Mr. GROSS: A Bill relating to Circuit Courts in Dorchester county.

Read the first time and referred to the Committee on Local Legislation.

S. 123. Mr. GROSS: A Bill to amend Section 1749 of the "Code of Laws of South Carolina, 1912," Volume I.

Read the first time and referred to the Committee on Judiciary.

S. 124. Mr. JOHNSON: A Bill to make all rural mail routes in Greenwood county public highways.

Read the first time and referred to the Committee on Local Legislation.

S. 125.-Mr. SULLIVAN: A Bill to amend an Act to establish the Anderson school district. To authorize the establishment of free graded schools therein, and to provide the means for the equipment and efficient management of the same. Approved January 5, A. D. 1895, so as to enlarge the said district, and authorize the trustees to issue bonds and to provide the means for the equipment and the efficient management of the new district, as amended.

Read the first time and referred to the Committee on Local Legislation.

S. 126. Mr. APPELT (By request): A Bill to allow appeals from final orders of the Railroad Commission to the Circuit Court. Read the first time and referred to the Committee on Judiciary. S. 127. Mr. BEAMGUARD: A Bill to strike out Section 4 of "An Act to create the School District of Yorkville, in York county, and enable it to organize a system of free schools, and to levy a tax in support of the same, and to purchase and hold property," approved December 22, 1888, and amended December 23, 1889, and February 17, 1911, and to substitute there for a new section.

Read the first time and referred to the Committee on Education. S. 128. Mr. BEAMGUARD: A Bill to amend Section 394, Volume II, Criminal Code, 1912, relating to disorderly conduct, obscene or profane language in public.

Read the first time and referred to the Committee on Judiciary. S. 133. Mr. PATTERSON: A Bill to establish a State Board

of Health and define its powers and duties.

Read the first time and referred to the Committee on Medical Affairs.

S. 134. Mr. PATTERSON: A Bill to amend Section 1001, Volume I, Civil Code of 1912, relative to the borrowing of money by Barnwell county.

Read the first time and referred to the Committee on Finance. S. 137.-Mr. BLACK: A Bill to repeal Section 522 of the Code of Laws of South Carolina, 1912, Volume II, relating to bringing into the State certain animals.

Read the first time and referred to the Committee on Judiciary. S. 138. Mr. CHRISTENSEN: A Bill to require the filing of reports by teachers, principals and superintendents of schools.

Read the first time and referred to the Committee on Education. S. 139. Mr. BLACK: A Bill to require Clemson College to furnish without cost, serum to the citizens of the State for hog cholera.

Read the first time and referred to the Committee on Finance.

REPORTS OF STANDING COMMITTEES.

Mr. BANKS, from the Committee on Finance, submitted a favorable report, with amendments, on

S. 2. Mr. McLaurin: A Bill to amend Section 2518, Volume I, Civil Code, 1912, so as to make legal rate of interest six per cent. per annum.