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STATE COMMITTEE. I b
Ruled That It Has No Jurisdiction- r
Contrary to Greenville
The State Democratic executive
committee has decided that it has no
jurisdiction over cases appealed from a:
the county executive committee in
which the contestants are candidates e,
for county offices. The action of the
committee was brought about in the n
hearing of the complaint of J. W. e)
Walker, candidate for supervisor of t<
Greenville county. t1
The facts of the case were set forth ti
very strongly in the complaint filed g
by Messrs. Haynsworth. Parker & ai
Patterson and Mr. T. P. Cothran, ci
attorneys for Walker. They asserted rr
that in the second primary Walker o
was nominated over the incumbent, 1 c
J. E. Speegle, by a majority of 17|st
votes, and that after some discussion t<
at the meeting of the county execu
tive committee Walker was declared f(
elected by a majority of 7 votes. ir
Subsequently Speegle. through his tl
attorneys, filed a protest and at a C<
subsequent meeting of the county r
committee se,veral alleged WalkerI s
votes were thrown out on the ground te
that the voters had not been regis- c<
tered for five days before the pri- si
mary. Speegle's attorneys appealed li,
to the State executive committee on fc
the ground that in one ward in
Greenville where Speegle had re- rr
ceived an overwhelming majority gi
there were 79 votes more than the rr
the total number registered -on the ai
club rolls. c<
It was declared that the rule which N
had been applied to Walker's votes I ti
had not been applied ' likewise to c<
Speegle's votes or Walker would ol
still have had a majority. Futher- ni
more it was alleged that some of the si
regular county executive comittee- c1
men who believed in the justness of fii
Walker's claim could not get to the b:
meeting of the committee to hear c,
the protests from Speegle and sent tl
alternates. A motion was passed m
to allow no alternates to vote, and jit
Walker contends that by his support- c<
ers being thus voted out of the meet- al
ing he probably lost. All of these r(
facts have been Vr ere.
The meeting of the state committee ti
last' night was attended by 28 mem- w
bers and altererates. The question if
which came up after the reading of st
the formal complaint and the formal I m
answer, was the motion of Mr. Moses ir
that the committee has jurisdiction of
to review cases appealed from 'the 'h
county committee. The merits or re
'demerits of the contest were not o:
touched upon, but the attorneys on is
each side were given 45 minutes in in
which to argue the mooted question Ji
of jurisdiction. Col. George John- h;
~stone of Newberry, who had been h<
announced by Mr. J. J. McSwain as si
one of the attorneys in the case; Ji
stated that when it had been in the b,
legal courts he had seen no impro- t1
priety in representing Speegle, but di
now that it has resolved itself into
a matter of party politics he thought tl
it better for him to retire from coun- a
sel as he is the nominee of the same "i
party for presidential elector. d<
Mr. Jos. W. McCullough of Green- ri
ville then opened the argument for i
Speegle's side of the contest. Said Mr. te
McCullough, the state committee has ,w
nothing to do with the question of o:
expediency or of what is for the in- og
terests of Greenville county-the a:
matter is a question of law. He
here read the constitution of the par- y
ty, construing it in such a way that Is
it appeared by his arguments* thats
the state executive committee has G
authority to act upon contests for n
state offices and federal officer only p,
and that the county committee shall u:
pass upon the contests of candidates al
for county offices. This deduction Jta
he made by construing the rules and
the constitution together. The rules it
distinctly divorce the two kinds of t
Following is the section of the c
party constitution which has been I
talked of so much lately.
* * *"The state executive commit- b
tee shall meet on the Friday after I'
each primary, or such other time as T]
may be designated by the chairman p
to canvass the vote and declare the fi
result as to all state officers, con- i
gressmen and United States senators. si
All contests for all nominations at g
y the county executive committe(
f the county in which irregularitie!
iay have occurred. and may be re.
iewed by the state executive com.
Ne whose action shail be final.'
Rules 6 and 7 adopted by the ex
:utive committee. which derived its
owers from the party constitution
re as follows:
Rule 6. The county democratic ex
:utive committee shll assemble ai
leir respective court Louses on thc
torning of the second day after the
ection, on or before 12 o'clock m.
> tabulate the returns and declare
ic results of the primary, so far a
ie same relates to members of the
eneral assembly and county offices
Ad shall forward immediately to the
iairman of the state executive com
ittee at Columbia. S. C., th'e result
F the election in their respective
>unties, for United States senator
ate offices, congressmen and solici
Rule 7. The protests and contests
>r county offices shall be filed with
Sfive days after the election with
e chairman of the county executive
)mmittee. and said executive com
ittee shall hear and determine the
Lme. The state executive commit
e shall hear and decide protests and
)ntests as to United States senator,
ate officers, congressmen and so
:itors, and io days shall be allowed
>r filing the same.
Mr. H. J. Haynesworth in reply
ade a very clear and convincing ar
iment to prove that the state com
tittee is supreme in these matters
id that it was so intended by the
)nstitution. He argued that Mr.
[cCullough had based his conten
on on the rules of the executive
)mmittee and not on the constitution
the party. The rules are subordi
ite to the constitution. The deci
on of Chief Justice McIver in the
Lse from Berkeley county is not
lal, although it had been circulated
common report that such is the
tse. Chief Justice McIver made
tat ruling at chambers and it is no
ore than a decision of a circuit
dge, for a decision of a supreme
>urt justice at chambers is review
>ie by the supreme court, and in a
:cent case the supreme court re
frsed a' ecision made by Chief Jus
:e Pope at chambers. Mr. Haynes
orth said that Judge McIver erred
he had construed the party con
itution to say that the state com
ittee has jurisdiction in appeals
om contests for state and federal
lficer alone. And Chief Justice Pope
ad expressed no opinion at all. H'is
cent decision began with an apol
gy and concluded by shoving off the
sue, and the rest of it was merely
the nature of advice to th-e party.
idge Pope had maintained that he
ad no jurisdiction,.then why should
have handed down what is con
dered an. authoritative opinion?
2dge McIver stated positively that
acause of the judicial functions of
e committees, the court has juris
ction over their actions.
Mr. T. P. Cothran, in following up
ie argument of Mr. Haynesworth,
ade very clear the point that the
-ules" have nothing to do with the
etermination of contests, that the
iles are subordinate to the constitu
on. The state executive commit
e is charged in the constitution
ith keeping a watch over the policy
the party. He laid great stress
a the powers of the state committee
designated in the constitution.
The argument was concludedi by
[r. B. M. Shuman of cousnsel foi
peegle. He declared witl, much
)irit that the county committee oi
reenville is made up of men of pure
Lotives. He argued mainly that the
ower of the executive committee
nider the constitution, is discretion
ry in reviewing contests from coun
committees, and in Rule 7 th<
: committee had already waived
s right and had entrusted the mat
~r to the county committee.
The motion of Mr. Moses to de
are that the committee has appel
te jurisdiction then came up. Mr
roses declared that to be his firrr
elief. The committee has frequent
heard cases from the county com
iittees. There should be som<
arty court of appeals. If there arc
agrant frauds, and he meant no re
~rence to any particular case, ther<
iould be some way of throwing safe
uards around the primary. Th<
law than the rules of the executive l
Mr. D. H1. Magill stated that he had
been satisfied at one time that this
committee ha(d no right to sit on ap
pealed cases. 1i' after studying
ore carefully the deci.iIon of Chief
Justice MlcIver he is satisfied the late
chief justice decided on the "rules"
of the executive committee and not
on zhe party constitution, evidently
an cversight on the part of the chid'
Mr. C. L. Blease agreed with Mr.
Moses that there should be a su
preme court of the party. but he con
tended that the action of Chief Jus
tice McIver had not been looked at i
in the proper light, for he made his
decision in accordance with the act
of 1888 governing the conduct of pri- 1
mary elections. This statute de
clares that. "Every political primary
election shall be presided over and
conducted in the manner prescribed
by the rules of the political party,"
etc. Mr. Magill and Mr. W. D.
i Black wanted to know if the consti
tution of the party is not a part of
the rules of that party. But Mr.
Blease construed the word "rules" to
mean the rules of the party literally,
the rules as formulated by the state
Mr. Doar of G:orgetown agreed I
with Mr. Blease that, under the ruling
of the chief justice, the state commit
tee has no jurisdiction.
The vote was then taken on the
Sumter, J. M. Greer of Union, and
motion of Mr. Haynes of Berkeley
to table Mr. Moses' motion. This
was carried and by the following vote
the committee went on record as not
being of the opinion that it has jur
Ayes (in favor of Mr. Haynes' mo
tion)!-A. W. Jones of Abbeville, J. C
R. Cloy of Aiken, C. B. Free of Bam- t
berg,.R. W. Haynes of Berkeley, D. t
L. Sinkler of Charleston, T. J. Cun- s
ningham of Chester, J. D. Bivens of t
Dorchester. D. H. Traxler of Flor
ence, J. W. Doar of Georgetown, W.
D. Evans of Marlboro, Cole. L.
Blease of Newberry, James Thomp
'son of Oconee, J. T. Parks of
Orangeburg, Wilie Jones of Rich
land, J. C .H. Rauch of Saluda.
Nays-(in favor of ".Mr. Moses'
original motion and opposed to Mr.
Haynes' motion to table)-W. D.
Black of Barnwell, A. E. Padgett of
Edgefield, T. H. Ketchin of Winns
boro, 3. T. Bramlett of Greenville, D.
H. Magill of Greenville, 3. G. Rich- C
ards, Jr., of Kershaw, T. B. Crews of
Laurens, WV. A. James of Lee, W. I
T. O'Dell of Pickens, N. L. Bennett
of Spartanburg. Altamont Moses of
J. WV. Ardery of York.
brought up a matter from that coun
Mr. D. L. Sinkler of Charleston 2
ty. The nominee for 'superintendentt
of education died Sunday, and the
executive committee of Charleston
county asked permission to nominate 2
a candidate whose name should be
printed on the ticket as the time is
too short for another primary. This
permission was granted. It is un
derstood that the county committee,
will observe the wishew of the people
and will designate as the nominee
of the party the candidate who was
defeated by only a few votes in the
Among the interested auditors at
the executive committee meeting last
night were the following from
Greenville: Contractor King, Dr.
J. Bramlett, M. L. Gregory and W.
D. Metts, formerly clerk of court,
besides Messrs. J. E. Speegle and 3.
XV. Walker. CRLN
STATE OF SOUTH CAOI ,
COUNTY OF NEWBERRY.
By John C. Wilson, Esquire, Probate
WHEREAS, Dan 'Metts hath made
suit to me, to grant him Letters of
Administration de bonis non of the t
Estate of and effects of Carrie Metts.e
THESE ARE THEREFORE to c
cite and admonish all and 'singular
the kindred and Creditors of the said f
Carrie Metts deceased, that they ber
and appear before me in the Court of s
Probate, to be held at Newberry on
8th day of November next after pub
lication thereof, at 11 o'clock in the
forenoon, to show cause. if anv ther' -
have. why the said Administration1
should not be granted.
IGiven tinder my hand, this 19th day 1
of October, Anno Domini, 1904.
J. C. WVilson, t
T. P. N.C.
The Greatest Ter
in the V
Vill po,sitively appear in Newberry o
ag 2 performances only-afternoon a
ohine. The Big City Show. Posit
lany Times Better than Ever.
The Wonderful Mon]
The Finest Trained J
SEEThe Greatest Perforn
t $i0,ooo Menagerie all Free the onl3
ear. SEE DON JUAN' The Big
"HE-LOOP. HEAR THE FAMOUS
*HE SENSATIONAL SLIDE FOR
ring the whole family. Be on hand
4EW STREET PARADE whi
0-30 a. m.
STAINED GLASS WORK.
in Art In Which Methods Have d
Not Changed Much In
The twentieth century American
tained glass maker follo-vs wi'F.it
mP.)L*111Z vrL,*t.trj ;) ths, it1n : - m-1 11
ds of the French monk of eight cen
uries ago. The first requisite is
he design. The artist makes a t
mall water color sketch to show
he general design and color scheme,
ccompanying it with detailed stud
es. From this two large drawings
r cartoons are made, the exact v
ize of the desired window. One
artoon shows where the leads will
e placed-the thin strips of lead,
ollowed on both' sides and looking
ri a transverse section like the letter
I which from the framework to
,ind the pieces of glass together.
nother drawing gives the size and
hape of each piece of glass. This
artoon is cut into its component 0
ieces by a pair (or triplet) of three
laded. scissors, which leave between U
heir parallel blades a space sufficient I
or the leads. These cut out pat
erns are put together again on a
arge glass easel, to which they are
ttached by wax, a'nd the spaces be- -
ween are blacked in to give thed
ffect of the leads.
The easel is then placed against
window where the light can stream
hrough it. The artist or his substi
ute replaces each paper pattern on
he easel by a piece of glass of ex- 6
ctly the same size, cut from a sheet ~
f glass of the color called for by
he color sketch. The sketch is not
ollowed exactly; experiment with
he actual glass will suggest improve
ments. To a greater or less extent
his stained glass is supplemented
y painted glass, on which the colors
ye fired as in china painting. When C
11 the pieces have been cut they are
ransferred to the "leading" drawing, F
he flexible leads are twisted into
hape and soldered at the joints
.nd a special cement applied. to
aake the whole water tight. The
vindow is now complete, ready to
ieput in position, where it is made C
ecure by copper wires fastened to c
he tranverse bars of iron.
Reflections of a Spinster. 3
Somehow, a man seems to think b
hat it's a mark of great broad-min- F
dness and generosity when he can
hieerfully lose money playing poker. C
Some men are so proud of being
eared for their power as some wo-I
nen are of being envied for their
uperiority of beauty.
A man may'forgive another man b
vho does him an injury; but forgive e
woman who don't agree with him
-that's another matter. g
One can appreciate the distain
vith which men treat women's clubs "
vhen one considers that the mascu
ine clubs are mainly places where
he members smoke, drink and gos- 1E
n Tuesday, November 1st., giv
t 2.-30. Night at 8.30. Rain- or
ively Three Times as Big and
of Imperial Japanese Acrobats
)ogs and Ponies in the World
big R. R. Show coming this
klonkey DABE-DEVIL LOOP
OPERA COMPANY. BEHOLD
LIFE. Remmember the date.
in time for the wonderful all
:h leaves the show grounds at
New Prodigal Son.
"Who's that a-hollerin' down yan
er, by the branch?"
"That's the Projickin' Son. The
[d man's whalin' Satan out of him
,r comin' home fer Christmas!"
All persons are hereby warned not
trespass upon the lands of F.
Terber, deceased, in No. 8 township,
nown as the Bush River place, con
Lining T,5oo acres by hunting, fish
ig or in any way whatever. All
olations will be prosecuted to the
ill extent of the law.
Marie Louise Werber,
Mrs. M. L. Werber, Exec.
lo Elect Keeper to County Home.
The County Commissioners will
ect a Keeper of the County Home
r the ensuing year at their meeting
n S-aturday, October 29, 1904.
Applications may be filed with the
ndershed or the clerk of the board,
B. Hunter, Esq.
J. M. Schumpert.
iTATE F AIR,
COLUMBIA, S. C.
October 26th, 2 7th.
C., N. & L
WEDNESDAY, OCTOBER a6th.
THURSDAY, OCTOBER 27th.
olumbia bids you come to meet your
friends from all parts of the state.
ree Street Shows, and the Greater
State Fair at its New Groiund
Special Traip Schedules.
eave. Fare includ. Admis
sion to Fair
aurens .. .... .....8:o5 $3 05
linton .. .... ....8:25 2 75
oldville .... .. ....8:38 2 55
inards .. .... .....8:46 2 45
'ary .... .... .....8:52 2 50
alapa .... .......8:58 2 30
ewberry.... .. ....9:20 2 05
'rosperity .... .....9:37 i -85
ittle Mountain .. . .9:54 1 65
hapin .. .. .. .. ...1:o6 50
Arrive Union Station, Columbia, -
:oo A. M.
Returning Special Trains leave
nion Station 6:oo P. M. airrive New
erry 7:15, Clinton 8:oo P. M. Laur
as 8:45 P. M.
Tickets on sale October 24 to 27
ood to return until October 30.
For information ask Agents or
J. F. LIVINGSTON, Sol. Agt.,
Columbia. S. C.
:. M. EMERSON,
Wilmington, N. C.