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The Pickens sentinel. (Pickens, S.C.) 1871-1903, November 16, 1893, Image 1

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VOL.XXII. PICK ENS, S. C., THURSDAY, NOVEMBER 16, 1893. NO. 9.
THE DISPENS.WY LAW.
JUDGE WALLACE DECLARES I r TO BE
CONSTITU TIONAL.
The Atderson 1.'qnor C.so iMatte the Oc
asslan of a 8 riing .Jtiicisti 1)alver.
ance-Techutal Objections to 1ho Phra
soloty of th# ACt D4-14 1e fd.
ANDEHSON, Nov. 8 -In the ease o
the State vs John 0. O'Dannell, indict
ed for selling whiskey without a li
cense and keeping a place where whis
key is kept for sale, etc., which wa
called In the Court of Sessions Wednos
day, Judge Wallace rendered orally the
following decision, on motion of thc
defendan L'S Couns)5el to (1 uns-h the in.
dictment:
The question as to the constitution.
ality of the Dispensary Act has beer
much discussed in the State, and ha,
developed considerable diversity of
opinion in regard to it. Some able and
learned lawyers hold one opinion and
others equally as learned hold a differ
ent opinion. I have my own opinion
which -1 will proceed to announce with
out hesitation or delay. Tohe motiou
was to quash the indictment, becaus
first the Act provided no ptnishneni
for selling liquor without a license. I
may say in passing that the words
"without a license" contained in thl
first count are mere surplus ige, anl
'that the offence charged is that of sell
ing liquor.
At common law crimes are divided
Into two classes,naiely, mala in se and
prohibita. To illustrate: We have i
statute declaring murder to be a crimE
or rape or arson or burglary. ThesE
crimes are described and punishment
is provideri for them. They belong to
the class described as mala in so. When
the commission of an act is prohibited
by statute it belongs to the class of
mala prohibita. The commission of
an act prohibited by statute is an of.
fence, because it is a violation of law
The offence charged is prohibited by
the Dispensary Act and thus to sell li.
quor becomes a violation of the law
and is therefore an offence.
No offence created by statute is a fel.
ony unless it is so declared. Therefore
the selling of liquor in violation ot
Section 6 of the ispensary Act is a
misdemeanor and is punishale, if not
by any penalty provided in said Act
then under the provisions of the stat
ute, Section 2,653, ltevised Stat it,es:
"Section 2,653. In cases of legal con
viction where no punishment is provi
ded by sttute the Court shall awart
such sentence as is coniormable to th(
common usage and practice in thu
State accordirig to the nature of the of
fence and not repugnant to the Con
stitution."
I lam, therefore of the opini on, an(
so hold, that, the offence as charged I.
ptinishable under the section I hav(
just qtuoted.
The next ground was that Section 21
of the Dispensary Act,under which tht
indictment is frame:, relates only tc
the sale or distribution of liciuors kept
by clubs or associations t.r the tiso ol
the members. The section referred tc
reads as follows: "Sect fon 21. Every
-:erson who shall directly or indirectly
keep or mainttain by hiiself, or by as
sociatinr or coinini g with others, or
who shall in any manier aid, assist or
abet, in kee ping or maintaining any
club room or other pl!e in which any
intoxicating liquors are recei7ed or
kept for the purpose of barter or sale
as a beverage or distribution or divis
ion among the members ot any cilb oi
association, by any imeans whatever
and every pcrs:>n who shall harter, sell
or assist- or abet another in harturing
or selling any intoxicating liquors w'
rgceivtd or kup., shill be deemed guilt)
or a isdemeanor ad upon conuviction
thereof be punished by a line of nol
less than one hundAred dollars nor more
than live hundred dollars, mid by im
prisonment 'in the county jail not iest
than ninety (lays, nor more than one
year." It is clear that this section dloe:
not confine Its p)rovisions to clubs ant
associations, but inl n los t h" rocivyin r
and selling of liquor in anyu ohe
place." -ol~
'lThe third anti last groo'ol. 'tat the
mvain groutnd is that 1he I )i-ieasa.3
Act Is untconst 1aitionual, and the argai
ment undler this branchi Is cmncernied
'chiefly w4thI thet tpurposie of thle Acl
arid the qutestion as to the police plowel
of the State.
'Thlere seems to bue some contusion re
g ardirg the distinction between the(
FeberalI Constitution and the S'ate
Constitution. T'hey are e'ssenitiatlly dif
ferent in their na Itire. Tlhe Constiht.
tioni of the U nited Staittes co)nfersk upon
Congress cer taini weli deilinied powers,
and( such other pow mers onily ast are nrc
essarily lilied from such grant, andi
when an issue arises as to) the uzncon.
stitutionality of ati Act of Congriss
the question is, "has thet power t.o legis
late on the subject matt"r ofi I le Aet
been granted to Congress byv the FeI't
eral Constitution ?" On the oth~er hanti
the Constitution of South Cirolina be
stows general legislative p~ >wer 1u1101
the General Assembiily with verv feum
limitations; and ther ef 're, uplon ~an is
SAne regardling the conistit.uiuahli y ol
an Act of the General Assembly oft
the State t.he (question is "htas the pow.
er to legislat e up:m t he sbitject mattem
of t,his Act beent withhld by the Stt
Constitution."
On this point I have here an excel
- lent authority which I shall read: "h
people ot a State in creating by their
organic law a legislative depart.ment
of government, confer uplon it t.he
whole of their inherently sovereign
and uncont ril d piower of legislatioui
.except in so far as they have dlelegatedi
this power in respect to certain sub
jects and under certain rest rict Ions tc
the Congress of the United States, and(
-except also) in so far as' they cont empo
raneously impose checks and( limits u p
on the legisiative authority. Ilienei
V the Lcgislature of a State may enact
any law, (not infringing upon th~e (other
departments) of any character or on
any subjec~t unless It is p)rohibited1
either in express terms or by necessary
Implication kl the Constitution of the
United States or of that State. In
other words the constitutions are t.o te
.considered as limitation upon the leg.
islative power of the State, not as
grants of power (3d A m and En n.
cyclopedia of Law, 689.)
Jn note 2 to the above quotation oc
curs the following: "The distinction
between the United StatesConstitutIon
and the State Constitution Is that the
foi'mer confers upon Congress certain
specified powers only, while the latter
nonfers upon the. Legislature all legis
latlys nn..,.. ., th on cas the
THE HAMPTON LErIER.
WHAT THE GREENVILLE NEW3 HAS
TO SAY ABOUT Ir.
rhere tt N.) Use and Great t)4nger in the
Movement-Th) Whito I,vople of the
State Ciunt A Hort to I) vile.
GRIEKNVILIE, S. C., Nov. 8.-L is
better to make open and full confes
sion. A man's sins will find him out
and when he is caught he had best
own up. We find the Columbia R-gis
ter and the State from opposing stand
points calling on the G'reenville News
to spak out on the matter of the or
ganization of national Democratic
clubs in this State as suggested by
General Ilampton in a letter to the
State republished in this iewspaper
last, week. Four out of ive important
Democratic daily nmvipapers of South
Carolina have spoken in favor of the
scheme and "where is the Greenville
News?" says the State. "Why this
strange silence of the Greenville
News?" d-4mands the Register.
Well, the truth of it is the editor of
the Greenville News ran away last
week. When his esteemed coitempo
raries were calling upon him for deltv
erances regarding the organization of
national Dinocratic clubs lie was sit
ting OI a log inl the woods on lte side
of a mountain in Western North Caro
lina. It was glorious, too. A sky of
wonderfully deep blue tiecked with
still strips of transparent white cloud;
the dreamy haze of the Indian Summer
air so crisp, so deliciously and delicate
ly perfurm(d with the aromatic sug
gestions of pire trees and hickory
leaves that every breath of it wis long
drawn luxury. There were few sounds
to disturb the silence. The stream
down in the darkened ravine babbled
and splashed idly and faintly and mo
mentary glints of the clear water flash
ed now and then as the thickly cluster
ed, deep green laurel swayed noiseless.
ly. The dry leaves rustled slowly as
they drifted down through the trees as
if lingering to say good-bye to the
companions that had swang and rus
tied with them while all of them were
green and beautiful through the sun
shine and breez-.s of the dead, bright
summer. Now and then the air was
filled with the dqstant. drumaming of a
pheasait or a rquirrel could be heard
scampering 1hrough the leaves. There
was a riot of color every wher-crim
sons, scarlets, browns, yellows, greens,
in bewilderinm, gorgeous varieties and
blendings.
With a dinner of mountain made
hominy and tried chicken, precet-ded
by a taste of something which had
never y'elded any of its sturdy si retgth
to the iercenary hands of a tdispensa.
ry agent, and succeel by a I rain p over
a ridge or two and a br!ar wood pipe
filled with tobacco like flakes of gold,
the blue simoak of which drited ant
curled slowly away to mingle with the
haze, a man c-uld sit in a place like
that. and be profoundly, magniflcentlv
indifferent to politics, commerce and
finance and all f-ares and concerns,p),ist,
present and ftiture, piblic andl private,
content simply to be living and im
pressed with the general sensat ion t hat
this is a pretty faij kind of a world
after all. lie could idle t here with idle.
ness made delicious by the ftact t hat he
had been w orking from fiiurt,een to
eighteen hours a day withou, a break
a uimier of months, and olow a indti(l
wilich is lisially stirugging to consider
and remember a large numbi- of
things at once to be so inaLniificertly
vacant 's t6 deC-lile to remerinii'
whether the right or Ieft hand b tr-rel
was lotled with lckshof , and to ac
cept with ch-erful lick o p-pimse thile
possibility of blowing an unhlappy
s<puiirrel in to rags or imnpotentiily pitp.
pecring t lie imper vious tteathiers ofi a
turkey with No. ft. AcId toi all thfis the
dl iighIit.fu l sense of w rol gi loing, not, so
aeiite as to be iincoimtfort able, lbut just
5t ronig einoiighi to give Z'st to the (11e i
sion1-the spilend i t coniioui isn is- ot
having run a way withlot askinig lieave
or lhene of an.s bodly, all er writing ad
vance edlitorials t o fb cut oif anid dum11
ped in to holes in the columnins like
patcking andi liable '.o be inapp.ropri.it e
t.o eveiit-, aind esteteid contenmpora
ri is canl unlerstand how iiisch they
have to lie eniiVouis of and how glaid
the editor of the Greenville News is
that he ran away, eVen if lhe didl ret urn
to id this niewspier being claimor
ously called on t or an opinion andl tin
(ier isspicioni of dodging. TI wo or
three days of abtsolut.e serenity andi ini
dtiffereiict arid peace are worth taking
sonme chances arnd siuffering somet seri
ous penalties for.
Ilhis niewspaper wold (10 nearly any
thing for Geiieral 11am pton and would
work Its heart out to serve him be
cause he is well worthy of allt the honor
and love this State carn gi ve him . If. has
a very strong brot.herly affectfon for its
conitempo)iraries wit.h whom it, has
fughtI slihiuler to uoutl ler in a weary
di cou raging uip hill ii ght for whfat it
an d they beliievc to be righlt. We~ be -
lieve thle iiiut ives ofi General IIlam ptoni
and our conitemlporaris art' right, biut
Uflmi r j ulgmemit, ini lthis ina'tte r in Oiur
view alt ogith Cr w ronig. Inm t.he propio
sitiin for t he organiiz ition of a ''na
tioni il Demoicrati&" plart y ini this St,ate
iutside I he pre-senit I )emocrat ic organi
iz:n ton we see inmuch evil an d no good.
It n.'anis, so f ar as we canI i under
itaind, ai sp)1t am11orig the wie peofwptle,
w hichi is thie c fdmmuif y most oft all ca
htii'-s to be (dreaded anhd re-sisted.
unp pose 3~>,000U men shonit be organ -
izeid as national l)emiiocral s. Thlere
w)uhd vet lbe laj imjnrty of'I 10,000 aigainlst
Liiem. I f a miaj iiity of the whit.e ieo
fplle caii be org.ani/.'ii ats niatliinal Dem-i
i(-raltsIl theriS i io nie(d for the orgii -
.itin ble u.e th 'y (all win in the
regulfar pirnnairit'S. We can not make
a minority wini withioit cil,ing ini the
hlpf of thei bilack vote'. Thle G reen ville
ernor for ten or li fmi-en years )y w'hiite
votes than t o) have a gove-rnmwent com
posed eniti rely of men ofi its own sel'c -
Lion chosen by thii hielpl of cio irt'tt vot
sr-a. So long as whijti miinr rule', how
Ber serious or exh)iensivet' bii ir irrorrs
may be, there Is al ways hoy. of im
provement, always a I in' to look to
when common 'Iens a.ili i-mcic'e:
will bring a change fir tihe let I. r. E-x
perience has tituuhit usi that when the
solored vote rule.s or is l1;tlien.tial that
natters steadily become worse for the
wvhites. Which ever race has control
willt use its power for its own interests
mrd the Interests of the two races here
re sharply opposed in very many re
ipects. We have the kindest feelings
or the colored peopl bu we do no
powers specially granted can only be
exercised, in the other all legislative
pow4ers not prescribed." Citing People
vs Flagg, 46 N. Y., 401; Page vs Allen,
58 Pa. St., 33
Applying the doctrine jitst qiotell,
which must he recogiz,d as sound
doctrine, the unco:stitutionality of' the
Dispcnsary Act must be made to ap
pear from some limitation contained
In our State Constitution itself upon
the power uf the General Assenb!y to
enact such a law.
No such limitation has beqTi pointpd
out, to me nor am I aware of any such
limitation, either extpress or implied.
ven if the power of the General As
sembly to enact the dispensary law
coult be derived only from its police
power there can be no question that
under I hat power it would have ample
authority to restrict the sale or traille
in liquor. The S:ate has frequently
dor,e o in the past, by statutes intend
ed to roriilat3 and restrict the tarif in
liquor without question as to its right
and authority so to do.
This Act declares in its title that such
is it s purpose "An Act to prohibit the
manufacture and sale," etc. "ex,,ept us
herein provided," and its provisions
undertake to accomplish that very
thing by numerous limi-ations such as
restricting the placbs at whicn liquor
is to b3 sold, the hatir at which iL is to
be osld, the persons to whom it
shall be unlawful to sell litior, the
character of ,ite person by witoin it is
to be sold, the not selling on credit the
prohlubition as to drinking on the pro
mises, the limiting the amount to be
sold to piurch isers, the written applica
tion signed 1,)y each purchaser and other
restrictions that need not be mentioned
here.
It appears upon the face of the Dis
pensary Act as it stands upon the stat
ute book that the purpere and primary
object of those who patsed it was to
diminish the sale and consumption of
liquor atid to decrease the evils which
are believed to resilt from the liquor
traflic for the public good, and I feel
bound to say from my own obst-rvation
that the Act seems to be accomplishing
that beuelicent olject. On this ground
as it appears to me, it, is withoit doubt
a proper exercise of the police power o!
the State. It has been learnedly are
gued to-day that the purpose of the
Act was to raise revenue. But. it Is to
hie collected from the Act itself that
theraising of revenue is only incidental
to the main purpose of the Act,
which, as L have already iel(d, is to re
strict aud regulate the sale of au traili
in liquor, and -as I understand the
Chester cases exrel lloover and ex rel
Groeschels, our Sipreme Court has al
ready decided that the Act in question
is an Act to regul.te the salt- ot liq )or.
In these C'ester cases our S;uprmie
Curt i-is s:iid: "iHavinl-r reached t his
ci: -iusion, that t he said Aet, (the D is
pensary Act,) being in effect an At ts
regulate the.iii of spirituo.i liq ior''
theu power te.) to which is universall
recognizi-d. it is quite clear," etc. 17 S.
E. Rt-p, 756.
Most, of the argiment against t he
constitutilonality of the de.spentary
Act maoe before me, and I may say,
elsewhere, seems to be directed moe to
t he wilon of the Act thanl to the
power of the General Assembly to pass
t,he Act.
The (tust ion is one of' po wer andn ot
of I)ohey. As t,) tlho w iomi or t.he un
wisdom of A ets of the (W,neral Assemn
bly the Courts liave nothing to d.
'iat is a question for the people. It is
proverbial that ours is a Government
of the people, by the people ait for the
piople, and it is for the people by the
ballot-box to correct nistakes in legisla
tion w% hen they ate satisiied that such
mistakes have been nii- by thoir rep
ri setii atives, aid!not for the Coirts. It
has been al. Allied 1 that I t (L-neral As
bvinWy las no constit uitotioal right to
appro pri tEe mone1 iy to en g,ge ini busi
ness. For .il piilic puirpos:es the Paw ier
of t.be Genierail Assembly is absolute in
tlhe absnc af1i0 conistituiItionalll pro vi
stonsFi. T1hie same aut hiority hoh1ls "t.he
po)wers of t,he legislat ute in dlisposinog
of4) .he reveues of'S( t,he S.- me aind itS is
cr-etion relattiing to such:l ipos:)itioni are
coiluiplet anid unl i mited ini thle ab senlce
of1 conusti' tuttonail provisi.ms.'' ( Am
anid E 'g lineyc of I aw, tit)
I lie 81 ate is (da1ily enigaged- in the sale
of pho4sphaite rock{ to :.d ividi ls foIr
revenu te. I f t he State c;mi o wn phios
plhat.e territory and sell the ro-k it, can
pur'chase if necessary other phosphate
errit ory for the putrpose of t.rallic in
phosphate. It. is without question that
t,be State owns both real and Personal
p)roperty, antd cani dispose of it at will.
lhese instances I giv~e to) Illustrate the
dloct rinle.
I Ioldinig the viewas I hiave herein an
nouincetd, I cannllot <luashi~! the huhlict
w.ent. 'Pje motion to t] ttash is thlie
tore overrule<d.
A trociotn A HIax4i,net4oun.
L A t' i.:CNS, S. C., N ov. 4.-A dtread iful
trag,iyv occurred necar Goldville,ini this
comt y ~, last ight. . J. I ).rroh fIair
5.o'rni was ass 19sinat,'d whlle ait supper
with bi1 famitly. 501me unknLlown patrty
tim"d a loadu of' slags inito huisstomach
through an open door)1. ! ' (litd in li f
Iteln miinu111tes. llairstoil's dIwellin rg
was bllrmed last suunnmir bty inmceni
a1nts, and1( ltwo negroes, Wadetl Caninon
and G;eorge lh>wers, were con victedI of
lie cr1inmetumd execuItedl in Stptemuiber.
hlairstoni wais the prosecutor. It, 1s
conject ured that revenge miay have~'
beeni the motive for his aissassintiioni.
A negro tenant on Ilairstomi's pIlace,
named fGeeder, has been arrested on
stuspicion, buit it Is said t hat there is
riot yet a strong cise tagainist himt.
ilairston was ai good citizeni andii was
well coninected. It is thoughmt here that
a lynching is not uiltkely if the iimur
derer is discovered anid cauptumred. Onily
meagre details, however, have beeni re
ceivedi here.-st,ate.
A Crank Oaught.
K ANsas CiTY, NoVember 5 -Emer
E. llaumb, a yourg f irmer fronm F nney,
llenry counmty, M o., was arrested on his
arrival in this city today, a dispatch
hiving been received to the effect that
he was crazy and had announced his
inteintioni of going to Washington to
see P'resident Cleveland. itaul) was
unot violent and made no threats, but
he said lie .had as good a rIght to be
IPresidenit tas Clevehanid had and he
atetd to talk with P'residlent Cleve
Itand about the matter. If he coutld
ntit be0 Priesidenit of tihe United States,
he sald, he ouighb, at least, t,o be prehi
dent, of Ilenry county. A police olcer
remarkul to Itauib: "Th'lere have been a
good nmany nmin like you running
around of late," and the wouald-be
president replied: "Yes, and one of
them shot Mayor Ilarrison in Chicago
theAother day."
want to see them exchange places wit]
the whites.
There is a race question and a race is
sue here. Cover and twist it as wi
may, It is at the bottom of all our poll
tics. White men ought to stick to an(
stand by their race through thick and
thin. The Democratic organizat.ioi
here is the white man's organi;ation
We intend to stay and labor in it unti
the bulk of the white people desert il
Then we will be free. If the evi
time comi-e-which may Heaven for
bid-when the Democratic party ii
South Carolina is dead and we have ti
choose between Populists and lepubli
cans we will go with the Republican
as a choice between evils and will do I
straight and without disguises nr mor
tifications. because the negro will thei
have the balance of power and it wil
he simply a light for his vote. If wi
have to scuffe for negro votes wi
would rather do it for the Republicai
party than for the Populist party.
Let all of us South Carolina whit<
people stay snd stand together. Let u
do our fighting among ourselves an4
accept the results and swallow oul
medicine like men without calling ii
any other race or anybody from out
side to interfere. Ve are of the sam,
kind and stock. Our fathers and broth
ers have mingled their blood for th,
State, have loved, hoped, suffered an(
died together-Tilimanites and antiq
Alliance men, Ocalaites and Clevelan<
Detmolrats. We have faclions enougi
arid bitterness enough now. Let us re
frain from doing anything to make
bad matter worse, to make our misfor
tunes and troubles fatal to us. Let u:
maintain our race power in the genera
elections, humbly trusting that the Al
mighty in His good time will set us al
right, show us all where our mistake
have been and restore peace and unit,
among us. So long as we are togethe
there Is hope for that. When we dividi
that hope will be gone.
The thing for us to do is to cultivati
charity and toleration among ourselve
and to discourage any new splits or fac
tions or causes of quarrel. For th,
men who have for their own selfish pur
poses st.irred strife and for the man
and various squirts and chumps wh;
have porverte(l good principles and pur
poses to lift themselves to power an
Dlace we have no respect. The masse
of the people, however, are good ani
oouid and honest. If they are wronj
they are not the first people who hav
buttedl themselves into headache
against the hard wall of their own miE
takes. The Greenville News will neve1
help in or submit to any attempt to us
the colored vote against any white pec
ple until they try to use it against uF
If there is to be a split let it come fror
the other side. Let the 'opulists be
gin it, and then on their heads will b
the responsibility and the const
quences. Meanwhile we will make ot1
fights andsay our say inside the Dem
crate I,Irty as now organized and wi
accept tne action of its majority, not
controlling our opinions but as goveri
ing our aition and position in the r4
gular elections. An organiz.ition oul
sida the present organizilon will fin,
no recognition anywhere and shoul,
lind none.
General Hampton is an honest, pur
and patriotic gentleman. So is Judg<
liaskell. In this matter we cannot fol
IO N Geniera IIampt,n any more thai
we coul'i Iollow .iudde laskell iin I 890
-G.veeivill News.
For tho Umiu:?l CrIime.
CLAuL-AToN, S. C., Nov. 8.-J
Spartanburg special says speedy an<
t.:rrilo puiiiniehnt wis nieted out to i
nerro named B Ab Kennedy, about 2(
obl, at Gainev last m,ght. Abut dusl
a married while woman and her littli
irl Wece hiirryniw home from the busi
[less portion ot the town. when in a nar
row !aue near their house a niegro sud -
den3ily g!rabb)led the wvoman, t,hrew hei
down anl I began to choke her, iIei
.creams arousedl a litt.le boy not, far oill
liI ran out, and saw the negro, who rat
a way X as soon as lhe saw the white boy
ll rcan il wit.hou t cormplletiniz the as
sauilt. Thle white boy' llowedl him an<
mw hi enter a house rnot for away
l11 then called to some nieighiborsi, whn
went to thei hiouse andt sawi Kenned,
sat,t by the lire with lis shioes ofl ant
I'ut Iu ofll cihei way. O.)ae negro in thi
house15 said Kenntedy'~ had been there lo:
three hiours, anouthier Iattited that, lie hat
just, comle I. iIe was ordered to ge
I.is shoes, which showed thiat t,bey ha'
just been in the imu I. iIe was carrie<
0n, and1( his tracks corresp)onded( eneitlj
with the ones8 where the wo nian was as
SalItet.. Tho w hite boy icen t/.lied hiin
as the man lie saw run away and ente
the house, lie was kept, und(er arres
us til ab)out midnight, when he was car
ried out to the slaughter penf and hanged
T'he p)eop)le were d,he more incensedI be
cause a week or two ago as three lit.l1
crris were going to the Cooper ime
stone Institute, from 'ianffney, a negr<
liil0n'wni to themi camne out iromn t,hi
woods, seizedl one arnd began t,o drati
her ba~ck inito the wvoods. The ether tw(
r*an and1( screalmed( and thme dummy came
along j ust then and1 the neCLro) became
alarim.d and released t,he girl, who es
capeod irighteuied neelirl y t) death. They
beh ive theit Kenniiedy unarlo t,be assault,.
Oil the htt.ie chil, lie counfessed to the
assauilt, on the whit,e wvomn.
A Qutruni jte L.ynching.1
N ash vlLLO, Tenni., N ov. 4.--A spe
fli1 io fro FayettevIle, Ten n., says:
ICirly t his morning, on the larm of
J ark D)amiels, near Lynchbuirg, Ned
Waggone*r, his son WVill and daughter
Mary, arid his soni-in-aw Motlow were
lounid hanging to one tree. All the
parties are colored. TLhie only cause to
(xplain their fate is thait they were
supposed to have it en implicated1 in
the numnerous barn burnings Which
have taken pilace In Monroe and iAn
coIn counties recentilv. T1here is no
clue as to the perpetrators of the deed.
Ned WVaggomer was a rather large ne
gro, andl it is su11)pose0d t he first attempt
of the lynchers was unsuccessful In his
caseV,,as a broken rope with a hang
mran 'a knot on it was found under the
tree near him andl another one had
been procumred from the well bucket of
a niear neighbor, by which rope he was
f ound hanging. The bodies were dis
covered by the dIriver of the Lynch
burig anid Fayetteville stage soon af
ter dlaybireak this morning. The ne
grees dlid riot bear very good reputa
t ions ini the community, and although
there has been little talk In regard to
the matter, they were supposed to be
connected with t,he band of incendiar
ies who have recently been so plent,i
ful In this section.
OUR CONGRESSMEN.
HOW THEY STAND AS REGARDS BUT
LER AND TILLMAN.
Sone Interesting Gos8ib About Sonth
Oaroltna tpresentativen in Congrexa
Senators Butler aud Irby Not I iF.yor
With President cieveland.
WAsHINCITON, Nov. 8.--The fi r s t
. chapter in the history of the political
3 events in South Carolina,so far as they
are affected by what has been done or
is doing in Washington, ends with the
close of the extra session, and we can
form somelopinion now as to the dri f L of
events. It has been known for some
time that one of the most important
factors in the next political contest in
that State would be the contest be
tween Governor Tillnian and Senator
Butler for the United States Senate,
and much of that has been going on
here has had more or less bearing upon
that contest.
Senator Butler at the beginning of
this Administration from his lopg ser
vice here and personal popularity had
a very potential influence in securing
offices for his friends, and these ap
pointments were made apparently
without regard to any influence upon
South Carolinit's politics. Senator Irby
does not seem ta have succeeded in
making any favorable impression, and
his late course in practically allaying
himself with the most bitter opponents
of the Administration has, of course,
destroyed any possibility of his doing
anything in the direction of getting
offices for his friends or partisans.
Since Senator Butler has cast in his
r fortunes with the enemies of the Ad
ministration on the silver question he
has naturally weakened the claim
whicb o'herwise lie would have had
upon it, and it is doubtful now wheth
er he will secure the appointments to
office of those whose principal claim
lies in the :fact that they are partisans
of his and that their appointment
would promote his re-election, and as
that seemed to be the principal grouuil
upon which It was expected he wotild
secure the appointment of Mr. Perry as
collector of internal revenue the
chances of Mr. Perry's appointment,
seem to have very much diminished.
I think that in all appointments of
this nature it will Ise the policy of the
Administration to put in oflice men
whose fidelity to )emocratic principl
as interpreted by the Democratic Ad
ministration leaves no room for quies
tion. In all such appointments it seeims
elikely that,the opinion of Congressman
Brawley will be most potential, as hih
r views on public questions are in thor
ough accord with those of t he Admirn
istration. and it cannot be charged
against him, as it has been gainst
many who now stand by l'resident
Cleveland, that his views have been
adopted for the purpose of seciriig
public patronage, as he stan(Is today
. precisely upon the ground that lie oc
cupied long before the nomination or
election of President Cleveland. So
far as the chief ptiblic oflices are con
cerned, therefore it appears to be cer
tain that the Administration will pIt
on guard none but I)emocrats of mi
questionable integrity, politically 1.l
otherwise.
The attitude of the dil'erent minm-i
bers of Vongress froim South Carolina
toward's the Administration is somie- t
I what complicated. It will be reine- t
t bered that early in the spring there
were several interviews bet ween iine- i
bers of t lae del-gat ion and the I lt.-t
tmaster General on the subject, of t he
- postoflice appointment s. Al o hei
. members of Congress I roum Soul h Caro- I
i ina particip)atedI In these int ervie'ws, I
. except, Mr. lBrawley and Mr-. M1el,muii
.rin, who were not present I hert-at. The
most determined fight seemcedi to lie
against Mr. Latimner, whli, as the au-i -
thor of the May resoluitions, seeimed t Ii
be a good target. Of all thcat has been
- said and doine with respect to t,te post
I oflices in his dlistrict it would probabuly
be impossible t.o tell the story. It was
found thiata number of the mien whom ie
he had recommended to oflice were
charged with being I 'opuil ists, butii it
seems that the q nest ion as to his i igt I
to conitro l these appointrcme.n s was
Inever Ii nally sett.led againlst. him un ii Ii
within the last few wee-ks, w hen the( I
pubillication or his let ter in the Colicn c
Ia llegister seems to leave given him ii
a coup de grace.
Mr. Strait sec-is to lbe ptract icallIy iin
-the samie boat, as M r. Intimcer amtcc
hi himself seem ta) hi;e takein ic(casiion
rmore than once whtile ini Soiuth Croii-r
Snat to proclaimr their Ii is thty to thle'
- A dminitstration.
. Mr. Shell seems to leave neo diliilty
. practically in se-unrig t.he atp p>ine
- mnents of such postmasters in hits dlis
trict as lie has recomimended.' I-le hcas
adopted the policy generally ot re-com
mending parties who are acceptabile~ to
the comnmunitl s to tbe served, and in
all such cases his recomm tendationas
have gone through without (que-st ion,
and the same is true to a large e-xt e,it
with respect to Mr. Tal bert ; andI lately
it appears that Mr. McLaucrin is ine ih tee
same boat with the two last iaedei It
Congressmen. Senator lButler has c-ic
dorsedl all the recomtlendtiIons o1
Messrs. Shell, TIalbert and( McLaueirin.
The appointment of Mr. Waddcill as
postmaster of D)arlingtoni bias cauuse<
a great deal of comment here as it '
seems to indicate seine sort of an ai ii
ance bet,ween henator lectIl-r and .\l r.b
McLauirln but it may be that it, has ntot hi
the significance which has be-en givYen m
to it. It is said that Waddihl is no1w a y
Butler man though originally a Till i
manite. As it appears to all outside-r, y~
however, it wouldl seem t,hat ini so f ar
as the postofilce appo intmencts are con.i
cerned there are seome grounds f or the
belief that there is some unmderstanding '
of a friendly nature between Mienatort
B3utler and Messrs. Shell, Tiaibert and U
McL4aurln. Time will showv wheat this lcc
amounts to. It is no longer a secret to st
any one that Congressmani .Stell is an ki
active friend of Senator liutler's and
will in all probability, be on his .side
in the pending contest.
Mr. McLaurin has therefore been w
oonsidered a strong friend of Governor o
Tillman, and it Is generally thought*
that Congressman Talbert has no par-v
ticular love for the present Governor.
Whether the friendly relations here of h
these three Congressmen with the sen
ior Senator will result in a similar alIh
ance in State politics remains to be at
seen, biut there Is no dioubt whatever gi
that Messrs. Irby, Latimner and St rait g4
are adherents of Governer Tillman.
Doresman nJ.1rawley so far a8 ap- n
ion. Taking the ground, early inl the
Administration, that none but D,tm
crats of unquestioned 1i0elity to th
party should be appointed to any piib
lic ofilce in South Carolinn, he lis not
swerved from that position, but he has
not been disposed to interfere with any
of the Congressmen in the patronage
of their districts, except in so far as he
has been compelled to protest agains,
certain appointments on the ground
that the persons named were more in
sympathy with the l'opulist party than
with the Democratic party, and in all
such cases he has presented to the do
partmnents such objections as the peo
ple alfected desired to present.
Inasmiuch as this position of tide
pendenco between the two rival candi
dates has given rise to reports that
Congressman Brawley has some inten
tion of becoming a candidate for the
United States Senate I have asked him
whether or not he had any such inten
tions. lie assures mie that he has not;
that lie did not contemplate being a
candidate under any circumstances.
lil thinks that his attitule on the fi
riancial questions is not popular at
I his time in South Carolina, and is not
likely to be so, and as he has no inten
tion of changing it for the purpose of
obtaining oice, he does not intend to
become involved in the coutest. lie
says firther that in case any sound
Dlemocrat will stand for election in his
Aistrict lie will retire at the end of his
term,
To sum up the whole situation
among the "Rel'ori" Congressmen as
it appears here it would seem that
Messrs Latiierand St.rait are for Gov
ernor Tillinin, that. Messrs Shell and
T'albiert are againi-t ,uniiin, and that Mr.
Mclaiuriti's attiltil, is somt'what
otititthil and 1 Wliddill's appointment
lIts the signiletici generally altribut
[d to it it, Inmay e x peted t hat those
persons wh en he ieconmmeds for ollice
will Ie 11;1t LTr M1en. A hav ig some
bearinig on t le sit iti-m it may be hnot
eId that, when IBryan wa;s leading the
lilihtisteriig agaiist tho repeal bill,
Most of the Souith C.iroina "Ieform11"
C,ougressrniien were wit'lh the h:1iidflil or
'wilists tat were supporting hiii.
Tlhe whole iiiiimer o ryan's F'llowers
was abu6it t went v i bree, and a.ifter a
how votes lessrs (l I ad Nlceltrin
dropped aiwayN, troin him.
There are 1i) inlie,t ions as to ilie
residt of the conte4st for the va.tuit
Judgesip of thf I'ited StAttes Circuit
Coirt, 11rt, it ny bie regrarde(I as toler
ably c, rtin that, hi ailiint ment will
not ll. i1ade43 bihre ihe 1st ol Dt.cemn
her. It is saii thait the v-rv active
camrpign for tils nlli -e that is beillg
1le Its Ixt d soei uttnivorabile
c;inIIIIIIf-Tt iin high lrtters. lre nine
ot J1i11"re I lltds i wl %ill 1w sltronlpY
irisili 101, the I)ist riet. .Alzgeshi p in
ast ol .idge -'iI1ontoI')l:j promotion,
but, tihir ne a i w ioer ot (harles :i
aspiriuits~~~~ 1111.-no,a n hi
tI.ave r;t : I rn : t I ii e in u , :m 'ii iian.
posbh.it o4 1y ti ow ':n it? wniid 111it.
Anrn eni i;ti girt h-m-n ti i un Sout h|
Citin'ui.I who w t!: 1-hre 1;tst, week ili
conrwPtion wiih thle ni lttcr is rei)rtb-d
a1i insistinig th1a:11 the appolilintinent
shold if > )o t Charl es H> inl the event
A* doldg1 ie Siiontoill'is prormotlon.
-- NV s ail C riI'er.
EAi' TAIW.A, Mrli., Nov. I -l-Te
Iystery srriorir'!.g ilwr l.ss of tht-21
nmim inI ihe seon i lifti )it. froi the
teaner P'hi1;idvlphit wasgreat.ly deep
'I'd tfdaILy Iy (the ainloilrnevrIeent. of
le capt.aiii ot the 't-!>rer I)nrfii
hatl im hil iie ailVe froi tlw :ver
lri*if bo't who was being held il hi j -
rig notll ai;'- tr irli ies-. lTre Dii -
Mird was inl tow of thIlie CIt v ) CoIcorIl
if whlich steainmerl tho 'oin lit x
i;'I j s !if', i L v1i c re.V pI j(-t -j i'e
di- Th ilif Ino d.ori's e tw;n re
un ;Iian lii rtoeit'. irhe C')roiner ia
hei 1;iis l S the 4 disa-Itir. iothi I Ca~p
i i? I iruri\ oii the .\ Iiitny ret s d I to
'to- jury noainde i :t ha'4 1i hI un-l hei i
Ii.' '-' i it iei- 'ltain a iI 411 h iii
l orl dir 1' the l!iOsli Cat;hn ll
cni ye :.'I-.l . oIt t l, ha' it F,
'itrIw .i,iti eels wI ere all (4rmiiht- i-n
!ctwy1i h lo e Iuin 114 h- i i i:ie- neri wnlt-d
rkil wenth it nl:ts ,-nlnot r1Lutvi
iiutn libt heiiV')' protwl l's k whe a i
4lw h''1 !I-I tider i:i wa N.roter aird ii
b14nof th l hihn i14. p141 Cw n
I; lI . .'N M., ('.N v. 10.- -(tth tI
I 4ive, tLii be1 nei iit:~li who nor- t
<r'i:x M4uni iran ho mp ihs loi andiet <
rili' to hi mohr h44n:1 near 'ahtLtro i
n :relimqi tm I t : hs beenti r on ltLI
'Hl mal tein t hiv h:mied. Th g
lu srar s 'L) y 11-d 4.1 (itocstitr rnlu o se Lnd i
uhlh'mu t iii inr was Liamien, ledl hi1h. ir
h1rily aLnai-s r thdLr onuiso ho e e
rriri:v mW. y t A.t-lv Ilrlho ie, o' th- ri
ertoo 10 wrorky up'the ya and oralteri a
dea Iom har:d workr ai stthi man. tile- ii
uI et in Lire raetrr veornih i
ure sc. W h th- coliitn e eat theapo- rl
lijo t utent ua nws rree and t
ieu n ibre oumbuR.aloke
allemas,0( oled oe raisrbelo the ea
rdr CThuiud.a -,xreseatin rineft
o wht 5:20: p. me mrassac int a oth h
az(eiwnt win es og. sTlhe ladtt
:. I.ne thengeehavf bean t)am- I
mc train; >ir ans Jon ohe ir d on- e
utra; amesb the. custom exouse, s'
rryinge ona pawenge trarins pni- tl
Drerine of the maig rain. ain. a I
oned m ohey ordaermenthecais.
RECEIVED WITH SURPRISE.
N% I-4t I, sildi AUout ()ltr D f
in Wasahngto,.
WAsI'.,N , Nov. 8.-The result
o the election has been received with
,Mr"'se by all political parties here.
uneixpecte happened in so many
mincles, that in no case were the pre.
4wu of l)enocrs, Ikepublicans or
'Lib't ver'iied. The chiet surprise
of the Demiloerats arises not from the
fact that they were defeated,but that
the( d!"at w ai so general in all doubt.
tll state3, i'ul the lIpublican major.
ity s overwheltlhig. A grain of com
l'ort is accorled thesi in the defeat of
the P)oulists in Virginia, aid the elec.
tion of ()'Ferrall to the governorship,
but the blows have been so crushing
in the states of New York, Massachu
setts, New Jersey, Ohio and Iowa that
even the success in Virginia is hard
ly paraded as a triumon. Expressions
from nearly all the prominent Demo
cratic leadeirs at the Capitol, as indi
cated in tnese dispatches several days
ago, showed that the Democrats were
prepared for defeat in those states where
the free coinage element Is strong and
the disapointment over the Passage of
the repeal bill is intense, but it was hard
ly expected that in the "sound money"
states of New York and Massachusetts
the Democratic maj ority of the past
would be so ruthlessly mowed down and
the careful eff)rts of perlect organization
avail so little. )espte this, however,
all the prominent D,mocratic leaders
unite in ascribing the ,general defeat
throughout the country to two causes
the dissatisfiaion of the agricultural
classes over the financIal quiestlon, and
the widespread apathy ot disappointed
offl.:e seekers who have failed to realize
the fruits of the last Democratic victory.
In the state of Ohio alone, was the tariff
ques tion the prominent theme of discus
sion, McKinley and Neai so emphatical
ly reteating the declarations of their par
ties in this respect. Bat here, too, the
Democrats are routed by the same ex
orable 10publican majority. In Iowa,
the defeat of Baies is important, not
that it mcans a Republican governor
in that state and a Republican United
States seiator next winter but that it
practically removes Poies from the list
of Western candidates for the Presi
doney in '96. The judg:nent of the
party leadera here approved the frat.
decirliration of Governor B-iP "asi
sunnier, that lie would not be a can
didate For governor at the fall election,
and when he iinally reconsidered and
:Uame out in the reace for a third term,
.wasifelt-1,hat lie had everything to
aud little to tain from the cam
jai.-j that was to follow, It was re
Iae i that even the popular Foraker,
wai unah!e, in Uhio, to stem tile popu
iar nti ment agaimst a third term, and
when the R{ubLeans of lo.va reproach
ed the Democrats with departing from
oie of the cardinal principles ot their
piarty in nomiinatiln, a man for a third
term, they presented their opinions on
the defensive practielnly from the very
beginning. The PIpulists still contend
that later returns will show that their
party has made a far better showing
ii various states than is conceded them
n the earlier (lispatchos .
Ii Virginia they succeeded in terror
7.ing the )emocrats fbr the last twO
veVks, but, the leaders of the latter
utrty ralhed from their panic in time
1) matkc unprecedented etrorts to get
ut their full vote, and it looks as
bongh the Poputlists would have stood
much better chance Ior victory bz,
iakmig a still fight.
Theii l'opulist, senators and Republt
is who are in the city, are anxious
~watching the latest news from Noe.
raska and Kansas, and expect cheer
gne ws from the official returns.
There is one element of defeated De
ocracy that reviews t,hme general Re
iiblicain victory with a philosophic re
niationi that amounts almost to sat
taetion. TLhuis elemient comprIses this
00 comin Dem)ooca.t,s who have so
turly reproached President Cleveland
wr forcing thme repeal bill through Con
ress, andu who for weeks have been
red tmig that the admninistration's dis
:yafty to the D)emocratic National
laAomi would he rebuked by a crush
ig detent in nll thRe great states' elec
oni this fall. These men now point
'i the D)emocrautic defeat as the result
I the parutty's departure from Its faith
ithe recent extraordinary session,
iid arec already preparing to coax the
iI n.irty h.mcek to the good old orthodox
ith wh'en the regular session convenes
I Decembner.
C.hairiian Bsland will introduce his
cc coinage bill at the first bill day
Sthe session, and the free coinage men
re .ex)ectedl to be a unit in demand
Ig its promnpt, consideration.
Thle President, did not show that in
m~se interest in the retur'ns last night
mat would have indicated a confidence
I)Democrattic victory. Early in the
lening the President went out to his
>uRntry home instead of remaIning at
ce executive mansion, as is usual on
ectiona nights, and the returns he re
nived were only those of' sufficIent Im
rrtanice to be telephoned out to Wood
y by PrIvate Secretary Thurber, as
ie latter received them from the tele
'nphi wire at the White House. Sev
af memblers of the Cabinet drove out
the President's cottage in the even
g, but none of these gentlemen have
> r given any expression of the causes
iat led up to the general defeat,
'The P'resident was doubtless undis
>uiraged by the Democratic defeat as he
Ps constant,ly repeated to those mem
era of his Party who have been predict
ig Democratic deteat as thme result of
se administrations financial policy, that
'iey wouldl viniciate their p)arty and
how that the majorIty was right in de
landinmg the Immediate and uncondi
onal repal of the Sherman act.
search,ing Freight Oars.
CH AtrasToN, S. C., Nov. 10.--In be
aif of the State constables, Mr. Wha
3y has just procured orders from the'
Tn fted Sitates conurt grantIng authorf ty
search twvo cars on the tracks of the
outh Carolfina railway, suspected of.
mntainfng lIquor. This makes the
ghth selizuro since last Friday. All
quor captured in that time Is worth
robably $1,500.

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