Of the rock sent to market this year there has been shipped to

The opinion has been expressed by many familiar with the phosphate deposits owned by the State, both as practical and as scientific men, that the supply is far from inexhaustible, and that in fact the very large amount of rock mined during the past fifteen years has very seriously depleted it.

I alluded to this point in my last Report. I cannot say how well founded this opinion is, but it is a matter of grave importance to the State, not only with reference to the money value of the deposit, but also with reference to the agricultural interests of our people. If this deposit, so invaluable to the successful cultivation of our lands, is being removed from our borders, and sold to foreign nations at a low price, in such quantities as to threaten at any time in the near future its practical exhaustion, leaving the agriculturists of the State dependent upon fertilizers purchased from abroad at much higher prices to enrich the soil, then it is the manifest interest and duty of the State to her citizens, from both a money and material point of view, to take proper steps to avert the evil.

I have deemed the matter one proper to bring to your attention. I cannot, of course, say how far the opinion referred to is correct, but its great importance leads me to suggest the propriety of having a careful and thorough survey of the whole phosphate territory made by competent parties.

If the damage feared proves to be actually existing, then it will be known in time to correct it; but if not, then the grave apprehension existing in many minds on the subject will be removed, and the value of such a survey to the State for other purposes will more than compensate for the cost of making it.

Suits for Royalty Due.

The present status of these suits is as follows:

In the case of the State vs. C. O. Campbell and Otis Phillips, a judgment had been obtained as stated in the Report of last year. As therein also stated he had arranged to pay one-half of such judgment, and the remaining half was left open.

At the last session of the General Assembly, an Act was passed, approved December 24th, A. D. 1884, authorizing and directing the Solicitor of the First Circuit, in whose hands the claim had been placed for collection, upon such payment to enter satisfaction upon such judgment. This action on the part of the Legislature cancels the judgment and remits the balance, and thus ends all claim on the part of the State to any balance thereunder. I therefore report this matter as finally closed.

In the case of the Marine and River Phosphate Company, the General Assembly at its last session passed an Act, approved December 23, 1884, striking out the proviso requiring the continuance of work on the part of the company as a condition to the absolute release from the payment of the amount due for royalty. This made the release absolute, and ends all claim on the part of the State to any further recovery for royalty against this company or its sureties on its bonds. I therefore report this matter as finally closed.

In the case of W. M. Hale, the suit against the surety, W. H· Wheelock's estate, on the bond, is on the docket of the Court of Common Pleas for Berkeley County ready to be tried. As formerly reported, the case is resisted, but no trial has yet been had.

Suits Against Trespassers.

In the case of The State vs. The Pacific Guano Company, the decision of the Supreme Court, announced since my last Report, sustains in every particular the judgment of Judge Wallace. By these decisions the title. of the State to the beds of South Wimbee, Palmer's and Horse Island Creeks is finally and definitely established. The Court has ordered the case back to the Referee to take further testimony as to the amount of rock removed from these creeks by the defendants and the value of the same, in order to fix the amount of the recovery to the State. These references are now being held and testimony taken on both sides.

The cases of The State vs. C. C. Pinckney, Jr., and Wm. B. Davis, in reference to the Morgan Island marshes, were argued before the Supreme Court in December last by Messrs. A. T. Smythe and A. M. Lee, Jr., for the State, and Messrs. Isaac Hayne and Wm. Elliott for the defendants. The Supreme Court subsequently announced their decision, sustaining absolutely the judgment of Judge Wallace.

This gives the State the entire territory claimed by it in the action. From this decision of the Supreme Court the defendants have taken a writ of error to the Supreme Court of the United States. The case has been placed on the docket of that Court and awaits a hearing there.

Hume, Brothers & Co.

This firm, as stated in my last Report, obtained from Scotland a dredge similar in principle to those used on the Clyde, for the purpose of mining rock in the neighborhood of Beaufort.

The dredge was operated for several months, but did not work satisfactorily, so much so that the effort was abandoned and it was sent back to Great Britain. This firm has now no machinery employed in digging rock.

The Phosphate Mining Company. (Limited.)

This company has erected large works on Battery Creek for the purpose of drying and shipping rock. They have also constructed a dredge of great size and power for the purpose of mining rock. The principle upon which it operates is somewhat similar to that of the Clyde dredges, to wit: "Buckets attached to an endless chain." This is a novel princi ple, so far as its application to the mining of phosphate rock is concerned, and its practical working is watched with great interest.

The dredge has been in operation since 1st July last. The returns from the company up to 1st of September show that it had raised 2,800 tons of rock. This company is mining under a license granted to Rose & Pitcher.

Renewal of Licenses.

An examination of the Statutes on the subject satisfied the Board that all general rights licenses ran only for one year and then were renewable at the discretion of the Board. Notice was therefore given to all parties holding such licenses that they had expired, and that application must be made for renewals. This was done on the 6th May, 1885.

In this connection I would call attention to the propriety of thus limiting such licenses to so short a period as one year, and then requiring a new application before they can be renewed.

In order to secure the investment of capital to any extent in this industry, it is essential that some security as to the tenure and duration of the privilege should be allowed.

If capitalists feel that they are licensed only from year to year, and liable at the end of any year to have their privilege revoked, it will necessarily cause such uncertainty as will keep off or drive away those otherwise desirous of engaging in the industry. I would, therefore, respectfully suggest the advisability of such legislation as would extend the period and give greater security to those engaged in the business. All of which is respectfully submitted.

E. L. ROCHE,
Special Assistant.

FISH COMMISSION.

OFFICE SUPERINTENDENT FISH AND FISHERIES,

COLUMBIA, S. C., November 1, 1885.

Hon. A. P. BUTLER, Commissioner Fish and Fisheries, South Carolina. DEAR SIR: I have the honor to submit the Seventh Annual Report of the work of the Fish Commission done since November 1, 1884. Owing to a lack of funds with which to conduct the work, it has been very much curtailed the past season; so much so, that we have been able to accomplish but very little in the distribution of fish, and have done only such work as was absolutely necessary, trusting that another season would give us the necessary amount of money to do a larger work than has been done during any past one, as our information and experience has put us in a position to do, were the necessary means at hand. I shall take occasion in this Report to call your attention to some of the special branches of the work that should receive more attention, and respectfully urge that you secure an appropriation sufficient to enable me to develop the work to the fullest capacity for good.

During the Spring of 1884 I was charged with making an exhibit of fishes at the World's Exposition to be held at New Orleans, and was engaged constantly until the 1st of December in making the necessary collection, and could not, nor did I, accomplish much else during this time. From the first week in December until the 10th of January I was occupied at the Exposition in New Orleans in arranging and putting in position this exhibit, giving such of my time as was needed to assist in the arrangement of the general exhibit. (A full report of the fish exhibit will be found in the special report on the Exposition.)

On my return to Columbia from the Exposition, I was placed in the Commissioner's office to fill the place of the Secretary, owing to his absence in New Orleans, where he had been sent to assist in taking charge of the State's exhibit there.

While in this position I did little or nothing in the regular work of the Fish Commission, and was not relieved until the latter part of May. Since that time, have inspected several of the important streams of the up country, visited all the dams located on them, and have been engaged since in corresponding with dam owners, and getting up models of fish ways, information for their construction, etc.

A corps of Fish Wardens has been organized for the better enforcement of fish laws, and good citizens appointed who will report violations of the laws and assist in the conviction of guilty parties.

Distribution of Fish.

We have distributed seven thousand nine hundred and sixty German carp, and one million and a half of shad. The latter were received from the United States Fish Commission and placed in Congaree River at Columbia, and four thousand of the carp from the same source, through the kindness of Prof. Baird, the remaining number being taken. from the State ponds.

Total Distribution of Fish During Seven Years.

The following preamble and resolutions were adopted by the Board of Agriculture at a meeting held at Columbia on the 25th day of March, 1885:

"Whereas there are complaints that the streams of this State are unlawfully obstructed, so that migratory and other fish cannot freely ascend the same; and whereas the law of the State makes it the duty of the Agricultural Department to supervise the enforcement of the Fish Laws; and whereas it is, moreover, the duty of this Board to make rules and issue instructions for the guidance and direction of the Commissioner of Agriculture as Fish Commissioner; therefore, be it

"Resolved, That the Fish Commissioner be, and he is hereby, directed and instructed to see that the Fish Laws of this State be fully and promptly executed and enforced.

"Resolved, further, That for such enforcementhe employ and place in the field a fit, reliable and qualified agent, to examine and inspect the condition of said streams, and to enforce, through the Attorney General, Solicitors and Courts, all violations of the laws.

"Resolved. That a circular be issued urgently requesting the Solicitors, Trial Justices, the Grand Juries and the Courts to see that the law is properly enforced.

"Resolved, That the Circuit Judges be respectfully requested to charge the Grand Juries as to the law and duties under it."

Soon after the passage of the above resolutions, a circular was issued containing resolutions and a copy of Fish Laws of the State in full, and a copy sent to each of the officials named therein, with the request that they give the matter their attention. Copies were also sent to all parties where it was thought they would be of any use. In obedience to your instructions I procured a horse and buggy and traveled through that part of the country where most of the complaints of unlawful obstruc