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VOL. XLII. NO. 99 NEWBERRY, S. C., TUESDAY AUGUST 1, 1905. TWICE A WEEK. $1250 YEAR
FARNUM CASE TO REFEREE.
Jas. F. Izlar Named As Referee To
Take Testimony On October
The hearing of the return to the
rule in the case against Dispenser
J. S. Farnum of Charleston. to show
cause why he should not produce'pa
pers which the prosecutors. Messrs.
J. T. Hay. Neal Ohristensen and J. F.
Lyon. claim are material in the in
vestigation which is being had in the
management of the state dispensary.
was held before Chief Justice Y. J.
Pope at his home Friday morning.
T. N. Mordecai of Charleston, at
torney for J. S. Farnum. read the re
turn, which on account of its length,
we have not space a publish in full.
Mr. Mordecai was assisted in the in
vestigation by Mr. S. Hyde of Char
Senator Hay of Camden. chairman
of the investigating committee. and
J. F. Lyon of Abbeville. a member of
the sub-comumittee, were present at
The petition as well as the return
was read, and after hearing this judge
Pope took about the same position
that he did in the Pickens dispensary
case, which was heard before him in
this city sometime ago, holding that
it w? necessary to take certain tes
timo,y -o as to reach a proper con
clusion, and to have the matter heard
before a full bench.
The following is the order:
On hearing the return to the rule
.herein, it is ordered that the peti
tioners have leave to traverse the
said return, said travers to be served
upon the respondents attorneys with
in fif-cen days from this date.
It s rter ordered that it be
tfered to Jas. F. Islar, Esq. as
Special Master to take such testimony
as 'nay be offered by the parties
'respectively on the issues of fact pre
-nted by the pleasing and to report
the same to the court, together with
this conclusions of fact.
It is further ordered that the pe
titioners begin taking their testimony
on the 15th day of September 1905,
and be allowed in the whole seven
days; that the respondents begin tak
ing their testimony on the 20th day
of September i905. and be allowed
in the whole seven days therefor.
It is further ordered that the referee
-report his conclusion of fact with the
supreme court as soon after October
Ist, 1905 as practical, to which court
this case is now transferred.
It is further ordered that said
Special Master thold his reference at
such points in the state as may be
:ag"ced on by a counci!. or in case of
disagreement. as such points as he
may designate. aiter reasonable no
tice to council.
Y. J. Pope.
A t Chambers. July 28. 1905
The Respondent's Return.
TIRe return took the ground, that
the *int resolution providing for the
dispensary investigation was "uni
co,stitutional. null and void, and of.
ri. efect'' because it violates the fol
lowing provisions of that instrument:
Article 2, section 16, of the con
s'itution requires that the style of all
acts and joint resolutions shall be
"Be it enacted"-which, it is claimed,
was omitted in this case.
Meie 3. sectionl 17. requires every
act or joint resolution to relate to
only one subject and that to be plain
ly set forth in the title-wthich is not
A-':-cle 3. section T8. requires every
act or joint resolution to be read on
three separate days in the house and
the cenate, to have the seal of the
sta-c. to be signed by the president of
the senate and the speaker of tihe
house. This joint resolution, it is
claimed, did not conform to these
A-ticle 4. seerion a.;. requires the
thirds vote over his veto before an ac
or joir.t resolution becomes a law: an<
it is ciaimed neither of these require
ments was complied with in this case
Article i. section 16, providinl
against unreasonable searc'h. was ais<
quoted and appealed to.
The respondent Mr. Farnum, in hi
return gave a minute description o
his dispensary office, which was als<
his office as president of the Con
sumers' Beer Bottling establishment
to'd about the visit there of senato:
J. T. Hay and senator Niels Christen
sen of the investigating committee. or
the 3rd of May, and of their wantinj
to examine his "private and persona
papers." and his protesting. Theso
"private and personal papers." which
he alleges, were in no way concerne<
with the dispensary. he has since re
moved out of the state and they ar<
no longer in this possession or undei
Attorney Mordecai read an affidavi
by Wm. R. Baldwin, secretary anc
treasurer of the Consumers' Beei
Bottling establishment and brother
in-law of dispenser Farnum, in whic}
he said that when the two men cam<
to investigate the dispensary he an(
Mr. Farrum's clerk. Mr. Savis, wer<
in the front room of Mr. Farnum':
office; that he, Mr. Baldwin, wen
back into the private office of Mr
Farnum, closing The door behind him
which locked with a spring lock. leav
ing the two members of the commit
tee shut out: that one of tih'em shool
and rattled the door, but he paid n<
attention to him; that he rang up Mr
Farnum on the 'phone. When Mr
Farnum came he told them it wa;
pleasanter in the front room and ask
ed them to have sears; afterwardi
,te indtsed them into his private offb
and left them there. Depo:eft goe
on to say that after a while he peep
ed into Mr. Farnum's office and sam
Hay at Mr. Farnum's desk, and Mr
Christensen standing -behind him. an<
they were going througih Mr. Far
num's papers. Deponent told then
that these were Mr. Farnum's privat<
papers and that they had no righ
to be examining them, adding thai
Mr. Farnum had left them there "sup
posing' them to be gentlemen." Abou
2:3o deponent peeped into Mr. Far
num's private office again, and thi:
time saw Mr. Christensen there alon<
"going through the private drawen
of Mr. Farnum;" that he told Mr
Christensen these were private an<
personal papers and he had no righ
to be examining them.
An affidavit of J. S. Farnum wva
read, in wihich he gave his age at 37
He described the situation of the of
lices-front office occupied by Clerl
Savis-two rear offices, one occupie<
by himself, and other by Mr. Bald
win. Having received a telephon
message from Mr. Baldwin. he wen
to dispensary and found Messrs. Ha:
and1 Christensen there. wvho said the:
had come to investigate; turned ove
invoice books to them and left, say
ing Mr. Baldwin or Mr. Savis woul<
assist them in anything t'hey wanted
went back to his home at Charlestoi
hotel. After a while Mr. Baldwii
came to hotel and told him they wer<
in 'his private papers. Went back ti
see about it. Committee said 'the;
had a right to see any papers ir~ of
fice of dispenser: the said they had n<
right to see his private correspon
dence. He removed from the book
and papers his private correspondenc
and personal papers, and they are not
out of the state beyond his posses
sion of control. On 22nd of June wa
served with papers by Messrs. Chris
tensen and Lyon and a third part:
who he afterwards learned wvas M:
Humphries. a marshal. Told them h
would like to see this attorney an
would see them in an hour or an hot
and a half. Called up Mr. Mordec:
over the 'prone--he was out of towi
Called up Mr. Hagood, and he tol
him nothing to do but turn over 'dh
t were handed him July tth by Messrs.
I Lyons and Ohristensen. which, upon
- the advice of Mr. Mordecai. he ac
Joseph M. Savis. clerk in Farnum's
dispensary. made affidavit, telling of
the visi: of Messrs. Hay and Chris
tensen the 3rd of May. and of Mr.
Baldwin's telling him after Mr. Far
num leit that these men were in his
office looking through his private pa
After hearing the return. Messrs.
Hay and Lyon asked permission -to
"traverse" the return of the respond
ent-which in every day lang .ge
means co deny the allegations -de
in the -eturn-and that a time be
fixed for the further hearing of the
The Thief jutice announced tihat
:raversing the return would necessi
tate the taking of testimony, and sug
gested that this be done by a referee.
He further added that he would
leave tomorrow for Caeser's Head for
a month's holiday.
Mr. Mordecai suggested G. Herbert
Sass, master of Charleston, as ref
Mr. Lyon replied that he did not
want M r. Sass, nor did the want any
other Charleston lawyer as referee;
that a :eferee fr.mn any other part of
he state would be agreeable to him.
Mr. Mordecai replied with some
heat to this "arraignment ' of the
Charleston bar:" but Mr. Lyon quiet
lv insisted on his objection: and ex
Judge Jas. F. Izlar of Orangeburg
,was appointed referee.
Mr. Mordecai then announced that
he also had to have a holiday-till
September i5th. He contemplated a
trip "across.the water." He suggest
,ed, hower, that therftwere. some
. preliminary questions before the case
should go to the referee-the- con
stitutional question-which if decid'ed
,in his favor would end the case and
obviate the necessity for a referee.
The chief justice replied that he did
not care to take up the constitutional
question separately, but would hear
the whole case with the other jus
tices, and to this end would ask them
to meet the first of October and take
up his case, as well as the Pickens
case whichever way he might decide
- alone there would be an appeal 'to the
entire supreme court, and therefore
no time was to be gained by his hear
ing the case and deciding it alone.
The order was then drawn and sign
ed, giving the petitioners 15 day
from date to traverse the return of
the respondents: appointing Judge
Izlar to take the testimony relevant
to the issues raised in the pleadings
and report the same to the supreme
court, not earlier that the 15th of
-September. Each side is to be allow
ed seven days for presenting its temn
timony before t'he referee-the pe
titioners hav-ing five days first, t-hen
the respondent seven days. tihen the
r petitioners two days.
SiA Whistler Story.
;|A friend of tihTe late James McNeil
iWhistler saw him on the street in
iLondon. a few years ago, says Har
Sper's Weekly, talking to a very rag'
>ged littcle newsboy.
?' As he approached to speak to the
- artist, he noticed that the boy was as
' dirty a specimen of the Lo:idori
- "Newsy" as he had ever encountered
s -he seemed smeared all over-literal
Sly covered with dirt.
Whistler had just asked him a ques
tion, and 'the boy answered:
s"Yes, sir, I've been selling papers
- three years."
r"How old are you?" inquirei
r "NOh you must be more than that.
- N,sir, I ain't."
1.Then turning to his friend, who ha<
d overheard the conversation. Whist
e ler said, "I don't think 'he could ge
JOLLY STREET BARGECUE
Farmers' Mutual Association Flour
I accepted an invitation to the meet
ing ot the Farmers Mutual associa
tion a: Jolly Street on last Thursday,
and wish to extend my thanks. This
is a little band of farmers who organ
ized themesives under the name of
Farmers' Mutual association about
iour or five years ago for the social,
moral and financial benefit of each
other. notwithstanding the general
public looked upon their fraternal
order to go the way that most all
other such organizations have' gone.
that were organized for the interest of
the iarmers but to tl'r surprise of
many. this one has stood to its
pled :m nr inst"ad .:f geiing backward
it has gone forward: increasing
in m-"mb rThip. They erganized with
a :nembership of seven :ond the mem
bership. now they number 30. The
officers are: S. R. Metts. dhairman;
H. F. Counts, secretary: P. B. Elisor,
treasurer: M. R. Singley. business
agent. In connection with this they
also have a burial association with
S. R. Metts, chairman; W. H. Counts,
secretary! G. W. Kinard. treasurer
and business agent. This little or
ganization is making money by sav
ing money; they adopted a trade
house and buy their supplies as a
unite. By so doing they save from
to to 15 per cent. They also borrow
money on the joint note system from
the National bank of Prosperity of
which bank Mr. H. C. Moseley is
president; they have also adopted the
Moseley house of Prosperity as their
trading plac;. What gives them re
mewe> ifiriand-7strength; they afl,'
no man to lay 'his politics at dhefir'
The l>arbecue dinner furnished by
the association was just tip-top. in
fact. the only objections we could
find was that the waiters were too
kind. They made such men as Rev.
J. A. Sligh and myself impose upon
our dyspeptic stomachs.
After the dinner was over the
crowd assembled in onr place and
was called to order by Mr. H. C.
Moseley. who was tihere by special in
vitation. Mr. Moseley then intro
duced Rev. J. A. Sligh as the speaker
of the day. Mr. Sligh snoke of the
society and the following are a few
of his remarks:
My friends. I am not here as a can
didate seeking an opportunity to gain
your votes. I am here to speak to
you for the interest of your souls as
well as ~your bodies. There is no
greater honor ihan to care for the
Isouls of men and not only for their
souls. but also their bodies. You
have organized an association here
in this communi-ty to benefit your
temporal needs and we all know that
only in union there is strength.
God has made us social beings. He
has never intended ,us to live to oui
selv.:. neither to die to ourselves.
We are commanded by God to bear
one anotfler's burdens. And, unless
we do this we are no-t fulfilling the
commands of God. I am glad to
lear" that you are doing this by work
ing o'g each others crops durnng sick
nes as well as in mas -.>ther ways.
ff I could just persuade each one of
v. tha: we are not to '.' to our
selves. It is everyone's .acred duty
-to care for both the temporal and
spiritual needs of one another.
What I say, I mean. I am not here
to deceive you. I am not seeking
anything except that of your good.
I believe in organization, especially
among the farmers. It is the only
way by which we can protect each
other. This is a good association and
I hope you will continue to keep it
up. I belong to the Farmers' alliance
and I am glad to say that the alli
ance is not dead.
There is a class of people called
tspeculators. Their object is to make
. mne .a tey have grown rich off
of your labor. But these specula
tors have been exposed and they have
only been exposed through organiza
tion. It is a good thing that you
have men in your community who
will stand united. We would have
then the grandest country on God's
Keep tip these little organizations.
Don't be too selfish. As soon as.the
speculators see that you are gbing
backward they will again manipulate
the prices of your products. I would
like to s,how you the advantage of in
tensive farming and the need of di
versifying your crops. How much
better it is to raise a small crop of
cotton at a price of Io cents per
pound than a large crop at 5cents.
But I have said enough. The last
thing I want to impress upon your
minds is to stand by your reputation
and your character; it means much in
this life and it shines on as a iving
monument after you are dead.
After the conclusion of Mr.
Sligh's speech. the Jolly Street string
band was present and entertained- the
crowd with some very good music.
The day passed off auietly and every
body seemed oy themselves
Mr. and Mrs. Thos. W. McCullough
f near Whitmire, visi ";d relatives in
this section last Thursday and Friday.
Little Misses Maybell and Estelle
Rikard of Long Lane, have been with
us for the past ten days. Their fath
er Mr. S. A. Rikard came down on
Friday and carried them liome. M s.
FT. R. Epps returning home with
Messrs. J. Noland and Edwin Epps
spent a few days in the Long Lane
and Whitmire sections the latter part
Miss Sallie Ruff, Mt. Bethel sec
tion, is spending a few days witt Mrs.
Jimmie Epps and family, attending
the Lutheran conference at St.
Another good season came on Fri
(lay evening followed on Saturday by
another. which has put new life into
the crops. The prospects for good
crops are fine in somre sections. In
traveling over the county we find
that the seasons have not been gen
eral and crops are ''^ry spotted.
Mrs. Nancy Richardson is visiting
her daughter. Mrs. Levi Gruber.
Mr. and 'rs. D. A. Quattlebaum,
of Delmar. Saluda county. visited
their parents Saturday and Sunday.
The patrons of Union Academy will
meet at the school house on Tues
day morning, August i, to elect a
teacher at a salary of $35,oo per
month. The school will picnic at Mr.
E. S. Franklin's on August 25th..
We wvent out to Prosperity last
Thursday evening for a short time,
but long enough to notice that the
little progressive city is undergoing
considerable improvement. The side
walks on Main street are torn up and
they are preparing to lay them with
The Prosperity stock company is
erecting a nice brick store room near
the Prosperity bank, which I am told
will be oceepied by a Mr. Livingstone
from' Charleston. He will run a gen
Mra line of hardware. The fact, every
thing around Pros'perity gi'es evi
dence of new life and progress.
Before I close T must tell you that
I had tihe pleasure of shaking the
hand of my old friend. K.. who show
ed me in an indirect way that if a
didnt hb:have mnyself as he thought
I ought. he intended to give me an
other pot, t->- wrht press. I onljy
have this much to say to him, he had
better keep his hand out of the sugar
dish. T. J. W.
Chimmie-Wot' d ye t'ink o' de
Ohonnie-How'd ye know f wuz
at de ball game.
Chimmie-Easy. I went around an'
axed de boss 'f you wuz workin' an'
he sed you wuz sick in bed.