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VOL LII. NO 46 _____ EWB RRY.8. . TES DAY. JUNE 5. 190t . TWICE A WEEK. $1.50 A YEAR
MR. CHILDS REFUSES
TO TELL JOKE!
0., N.- and L. ROAD STOOD BY TH]
President Ohilds Positively Refuses t
Answer Questions Put to Him
by Investigating Com
Columbia, S. C., June 1.' 'B
God, I'm not going to tell you.
This w,as the expression of W. C
Childs, one of Columbia's most promi
ment citizens, when Mr. Lyon presse
him to recite some of the "jokes" I
had heard about whiskey rebates.
Mr. Childs stood to his determinn
tion not to repeat what he lad hear,
because he felt that it might involv
those who were entirely innocent an
lie did not think it right nor prope
to repeat conversations of this chara
ter. He suggested that lie would rati
er go to jail and rot there than rc
peat private conversations, or joke
on whiskey rebates of things of tha
kind; and being the main that le i
lie means every word he says.
Mr. Lyon was evidently disguste
und stated that lie was through wit
Mr. Childs and that the cinmnitte
might itself take up the examinatior
Mr. HIay then promptly said: ''Mi
Childs you are excused.''
At. the executive session rules wer
issued for Mr. Childs to show caus
why heshould not he ruled for con
tempt. The rule is returnable nex
Tuesday. When the committee meet
again. Mr. Childs got up, and whil
he was leaving the room said tha
he would never answer such ques
tions, but- if the committee wante<
any proper information from him o
wished to communicate further wit!
hini that he could be found at hi
office at any hour.
Mr. Childs, who is a man of m1os
even temper an(] equitable disposi
tion, evidently got very much provok
ed whe,-n Mi. Lyon pressed him t
know what the stories or jokes wer(
Mr. Lyon -said that lie had no ide
what they were, but thought if the;
were related that the committee migh
then be the judge of the relevaney o
the testimony. But Mr. Childs stoo,
pat and that ended the incident. A
thq time Mr. Lyon suggested that th
committee might determine whethe
the question might. be pressed, bu
Chairman Hay said that lie though
the matter had better be puirsued, i
at all, in executive session. Mr. Child
js president of the Columbia, New
berry and Laurens Railroad. and i
also president of the Bank of Coluni
bia. He is a man of force and charac
ter. He had no right, to lug anythin;
into the evidence lie gave that wa
not necessary. Mr. Childs. was ti
first and only witness presented dui
ing the (lay. Here aire some snatehe
'from his testimony.
Mir. Chiilds was asked if his roa
did not get a large portion of the die
pensary fireights. He did not knon
the comparative biusiniess. Then Mi
Q-Now, Mr. Childs, you keep url
I presume, with the fireights that pa0
over' these lines. You have a generns
-knowvledge oni the subject of fireigh
that comes into the State of Souti
- A-i have a general knowledge o
wh'lat comes in oni my road. T do nio
knowv ab)out anyb)ody 's else.
Q--What percentage of the di'spei
*sary business do you handle?'
A-I haven't the slightest ida
Q-Have you any idea about wvha
your r'oad handles at all?,
A-No.' That would b)e a matte
for the auditing department. IH
could figure it up for' you without an,
Q-Is'it not a matteir of belief tha
your r'ohd handles the lar'ger pai:t o
the freight that comes into the die
4-I think we ought to:
Q.-You think you ought to?
A-.Because wve are the only Till
manite .roa'd ini the town, and it le
Tillmanite institution, and when the
dispensary was started every road
boycotted it. When the Darlington
riot came the other roads cut the dis
pensary. I went right up to Governor
Tillman and stood right by the ad
ministration and the Columbi, New
berry & Laurens Rail road-stood
right upi to it, and Senator Tillman
and myself are personal friends, and
we have been getting. a big part and
ought to have a big part. We paid
our taxes to Tillman when no other
road in this State would do so.
Then Mr. Lyon went on to ask what
were these alleged jokes that Mr.
Childs referred to.
A-Oh, I am not going to tell you
anything about th'ese jokes. I do not
remember it definitely enough to say.
. Q-Mr. Chairman-of course it is
1 impossible to bring out information to
know whether it is relevant or irrel
j evant. I did not expect that Mr.
r Childs would give me a conference
- before he was put on the stand, conse
- quently I did not go to him. I do
- not know what lie knows about that
at all, but evidently lie has heard
t something and it seems to me that
lie ought to be required to tell it.
A-Well, by God, I would go to jail
before I would tell the jokes. Mr. Ly
on had a right to confer -with me be
fore if lie wanted to.
. The Chairman-(Senator Hay).
You have not been re(uired t1o answer,
Witness-Well, I will say right
now that I ain 't going to answer, and,
- if necessary, I think I should be al
t lowed to be represented by counsel.
I Mr. Lyon-I do not care to examine
i the witness any further, Mr. Chair
t an. He is with the committee.
- Witness -(as lie was leaving), you
...-w where to find me if you want
rIe, I am at my offlee, but I am not
".oinlg to ((o injustice to anybody.
S ir. fLyon-Mr. Chairman, ill older
that my position in this matter may
t. not be misunderstood, I wish to say
- that I think that this witness should
- stay on the stand and should show re
spect to this committee, an( T also
think that, respect should be enforced;
1 and I think that he should subject
i himself to examination, and if the
t questions that I ask him are im
F proper, this committee should say so.
I And when they do say so, why that
t is satisfactory to me, but 1 do not
D think this witness should be allowed
r to come here and defy this committee
t in the style that has been done. Now,
t that is my feeling about a transae
f tion of this kind. I do not know what
s Mr. Childs knows. I have no idea.
- I have heard the rumors, and I think
, lie should be required to answer if
- these questions are relevant' to onr in
The Chairman-Well, Mr. Lyon, I
s do not know that we should (liseuss
B this matter any further right now.
- We can take it up in the committee
s and dliscuss it among ourselves-the
bearing of it.
Mr. Lyon of the sub-committee,
- had been so changed that the sub
v committee should not go on at this
.time. Witnesses had been summoned
for next week and lhe did not think
it well to c*hanige the order (if the wit
a nesses for next week. Evidently,
1 from what was said(, thme witness had
t dlecidled to eliminate certain evidce
tha111t the sub-com.mittee was exp)eeling
to present. Mr. Lyon said lie had no
objection to the dlecisiomn of the fumll
committee and1( perhaps the committee
was right in its view~ at all events.
Heo was completely satisfied. 'The
-- coiiinitteec thlen, at thle suggestjon of
Mr. Lyon, too(k a recess until next
Tuesday at noon, when a new li ne of
t inquiry will be tak'en up.
Mr. Childs Will' Apolize.
Columbia, June 2.-it 1 is prat ically
certain that W. 0. Childs will not b)e
sent to jail for contempt of thle dis
t pensaryv committee next Tuesday. lie
said today that lie would cheerfully
and carefully apologize for- the cnss
words that lie used yesterday, al
though lhe still says lhe will go to jail
before lhe will repeat the 'rumors
which Mr. L.yon tried to force him to
repeat. The und'erstanding Is that
the committee will deal with the dis
Sorderly conduct only..
FOR THE FARMERS.
A well informed farmer, according
to the Anderson Daily Mail, in talk
ing today of the good work that is
being done at Clemson college, said:
'Although so near our county line
very few people realize what Clem
son college is doing for the farmers
of this' state. To state in full what
this institution is doing along this
line, would require several columns,
but it would be well to call special
attention to the analysis of fertilizers.
They are using every means possible
to prevent fraud in the sale of fer
tilizers distributed throughout the
state, keeping vigilant watch over the
sale and manufacture of fertilizers.
A fraud in a fertilizing ingredients
is something that can only be detected
by chemical analysis. If a farner is
swindled in the fertilizer he buys, he
will never know it until his crop has
failed to give him the expected re
turns. Of course, all crop failti'es
are not due to this cause-in fact,
.very few ate-for under the present
system of inspection, and analysis it
is almost impossible for the practice
of fraud, without it being immediate
ly discovered and reported. The in
spectors have the authority to enter
cars and warehouses, and besides
looking after the use of tax tags,
they draw samples of each individual
brand and send it to the state chemist
and the report published.
"An illustration of the protection
offered by this system might add to
the general interest.. Not long ago
one of the inspectors in his usual
rounds caine upon some goods that
looked rather suspicious, notwith
standing the fact it was being sold
by the ton, and no one suspecting
anything wrong. He seized it, and
drew a sample and had- it-'analyzed.
It proved to have practically no ani
ionia or phosphoric acid, and very
little potash, in fact, the entire coni
inercial value of it as a fertilizer was
73 eents per ton. It was being sold
under a high guarantee, for $20 per
ton. From this you can see how mneh
purchasers were swindled. What will
the farier say when lie looks fro re
suilts from this?
Of course, it is a rare thing for the
defleicicy to be so great as this, but
several brands have fallen short. in
analysis. Don't think this occurred
in some dark corner of the state, but
it actually happened right here in the
heart of Anderson county, and An
derson county men were buying it
It. was made out of the state.
and it is only fair to sa. that the man
who was selling it says lie was him
.4cf imposed upon.
"Diins the year about six hun
dred of lhuse sainples are analyzed
and the results published in weekly
bulletins,. which are available fiorl free
.istribution. After all this, if h.
farmer remains ignorant andl is swini
dled lhe lias no one to blame but him
Morgan Won't Run.
HLoni. B. A. Morgan wvill not be a
candidate- for governor this summer.
Mr. Morgan anniouined todlay not to
to make the race. IHe ahs juist
established the Bank of Commuierce, an
institution with a (capital of' $100,
000, and it would 1)e unfair to those
inte(reste(d forP him to give his enierg?ies
to a p)olitical c'ampfaignl at this time.
The poss5ibility of Mr'. Moirgan enI
teingii thle r'ace hats kept a great mnany
pleopIle guiessing for several mon11thls.
In spi't e of thle solicit at ion of frienids
fromi ('very part of the State, Mr.
Mor'gani has dlecidedl to adhere to the
anniionnIe(menit miade durinig the last
GenieralI Assembly' t hat lhe would iiot
be ini pliities this year. He makes
this anniionneemenwit in justice to his
friends and( inl fairness to those who
might desirec to offer in the event of'
his staying out of the race.
Death of Miss Sallie Pitte.
Miss Sallie Pitts, dlaughter of Mr.
and( Mr's. TI. P. Pitts, die,d at lher' home,
in 1Floyd township, on Satur'day
mnorninig of' typhoid fever' amnd was5
buiried at Smyirna church on Sunday
afternoon, the funeral service being
conducted, by Rev. R. S. Latimer'.
- Miss Pitts wss about sixteeu years
IS BEf G SOL]
IS THE SHIBBOLETH OF "CHEM
ICALLY PURE" A FAKE?
State Chemist on the Stand-As
tounding Results Obtained Made
By Georgia Chemist.
At no time since the dispensary in.
vestigation has started has evidentc
'of a more effective nature beenl pro.
duced tlian was preseited yesterday
says the Columbia State of June I
It, was not a showing up of individual
for petty graft, but it was a presenta.
tion of proof to tihe effect tilat th(
law itself on its very face is in som<
respects itself a great. eontradiction.
,The cry of the dispensary advocates
was tiat, it would reduce drunkenness
and give pure whiskey. Yesterday
A1r. Lyon.showed by the State chemist
himself, a friend to the dispensary
that the chemical analysis is prae
tically useless. For the people whi
pay for pure liquor are those whc
drink the so-called better grades, and
Mr., Lyon showed tliat some of the
cas; goods are notlhing but clemical
put together into a semblance of wihis
key. And in nearly all of the easc
goods there is more water thinii tlierc
is inl tle same liquors on the shelve,
ill (lie ba-rroois in Georgia, wihere
there is no State chiemlist wlose dlty
it is to analyze the liquor to test its
'hIe tests made y)v Dr. Il(CCan1Idles
of (eorgia for lr. Lyon were dlone sI
witliout the ehemist knowing whene
came the liquors lie was analyzing,
And in some instances his answers
are almost astounding. This is the
kind of evidence to which little at.
tention is paid by the general public
for it does not tell of vice and sean
daIs, but those who are tlougIlt ful
will wonder why it is iieeessary to pul
water in "1Mouil Vernon'' whiskey
to make it saleable in Souti Carolina,
Does the dispensary get such a re
duetion in price because of large or
ders that the dealer niust diliute Ii,,
product in order to get a prollti
These things may be answered Inter.
Wilenl the investigating committec
Imlet yesterday, there was a delay of
nearly ani hour before the taking of
testimoiy was stlirted.. The commit
lee was in executive session for a long
time and evidently must have been
c1onisideriiig weighty matters, probably
the futire course to Ie pursued by
the committee which at last has been
able to work up gradually from dis
elosures in co(yt dispensaries to thic
State dispensary itself.
The First Witness.
Tle fIrst witness examined was W
T. Crews of Laurens whose iame was
Imeitionled incidentally a few (lays ag
inl coninection with the transactions
between the Augusta brewery and
Adolp Shayer, thle witness who made
such a spectacle of himself last week
Shtayer had operated a beer dlispenl
sary in the name of W. TI. Crewvs fmi
iuite awvhile and (lhe evidence of
Crews yesterday shifts the onus of
any blame upon the shoulders of
Tt also shows thait t here was an tin.
derstanding biet ween thie b)rewery ani
Shayer as to which Crews was kept ii
t he (lark with reference to r'ebates
an id gives color to (lhe evidence of E
W. Hermlani, president of (lie brewery
to thue effect that Shayer .had samt
kind of pull1 which lie exeri'ised( as
"i middleman '' for I terinan's brewer.i
in its transactions with Ii(le Stiate' dis
peinary. Otherwise than t his the evi
dlenice of Mr. Crews was inmmaterial,
I le slated positively t hat his only
oeOilc(tioni with the beer priviles
wuas to secure thie commission in hmis
own iinme, as Shiayer had been operat
ing an ''original package house'
while the dispensary law wvas suts
Ipended by the courts for a period, andl
when (lie courts finally restored the
dispensary law Shayer w~as out of ai
job anmd Crews was p)revailed upon1 tc
make this arrangement ini 'Shayern's
behalf. Wh1en the law was so chanigedl
(lint beer' ''privileges'' wer~e dlone
awvay wvith ati institutions cent rolled
b)y the Statp board and beer dlispenl
saries took thaeir' place, Crews retired
n'ntd Rhnar took hispnacen.
Mr. Crews admitted the authentic
ity of a letter which Mr. Lyon pro
duced, in which he asked the Augusta
brewery if it were true that othet
beer men were "et ting rebates. If So
-lhe demanded the saimle belefits and
"induieients'' for himself. Herman
had written to Slh1yer to inlqulire what
lie must reply to Crews' and Shayel.
Wrote that Crews should be kept inl
ignorance of the fact. that Shayer was
getting rebates. Crews yesterday ex
plained this letter of his by saying
that lie had heard that, Shayer was
getting rebates and was not dividing
with him. in accordance with thei
contract, aid he had written Herman
in a general way so that the latter
would not know what parlieular in
formation Crews was referring to.
He admitted that if Hernian had
replied that Shayer was getting 25
cents per barrel rebate, lie (Crews)
wOUld have been glad to have received
his half of the rebate. But Herman
had denied that Shayer was getting
any rebate, and Crews saiid that lie
never knew any better until lie saw
in the reports of the proceedings of
this investigation where Shayer had
been forced to admit it on the stand.
He denied any knowledge of Shayer's
eonlnection with the brewery as a
Iniddlenian in this State.
The State Chemist.
Mr. Lyon then put on the stanil the
State chemist, Dr. W. 1. Burney, who
is also professor 41f, chemistry ait tihe
Soiuti Carolina volle.ge. Dr. H1turniey
evidently faI'vors t1ho displesary and
tried to give testimony as f'avorable
its possible. And when Mir. I,ywn had
coicluded and Mr. V. Boyd Evans,
represeitinug 110 client, but speaking
on account of his great, interest in the
welfare of the people, asked a few
questions. Dr. Burniey very readily
-elared his belief that through ithe
dispensary South Carolina gets tle
best whiskey in tle country.
Dr. Burney readily answered all of
Mir. Lyonl's questions, bitt lie doubted
the propriety of disti.Asing this mat
ter inl public and frequently com
plainled because tle newspaper mle
were making notes of what he was
Mr. Lyon showed that Ie had given
quite a lot of study to the nimiifac
tuire of' liquor and(] his questions were
asked in a logical sequence which was
surprising and led to tle One col
elusion-that the chemical analysis is
more or less of a makeshift.
What the Law Require.
That the chemical purity of liquor
sold by the State was onte of the three
fundamental shibbolethls is made evi
dent fron the very first section of the
dispeiisary law. Herein it is de
"All alcoholic liquors inl this
state whether manufactutred f 4within
this state or elsewhere, not having
been tested by the ellenist, of tle
South Carolina college and found to
b)e pur'e anid fi'ee from poisonous, hurt
ftul anid deleterious matters, are here
by dleclaired to b)e of a detr'itmental
character, aiid their' use and conlsuimp
tiae against the morals, good
haltuh and safety of the state, and
al uhliquors may be seized where
ever found, without a warrant, aind
disposed of as hereinafter provided.''
-lhe law goes so far' as to state thlaft
Iany person in the state iteinig to
import l iquor' from another state, 01'
foreign county, must cert ify to the
State chemist the amiountt and kdind
of liquor lie wants and lie must get
a siant)ple which'I the state chemist is
r'equired to test "'and if fouind to be
pueand free from any~ poisonons,~
issue a ('erlificalte to that effect.''
Anad to show how strenuiious5 is thle
c*hfirt of the dispensarmy law to make
it appear i thaiit non1e but "'chemically
pue'liqutor's were p)ut on sale, thle
rilroadus were made amenable ho a
rine of $500 for each offeiise prov'ed
aaninist t hemn for c'arriyinig whiskey
which has not attached the certifieate
of thle State board as to the chemical
What is its Significance?
Soc. 500 of the Criminal code says
"'In all put'ehiases or sales of intoxi
eating liquors made as contemplated
in this chapter, the board of State di
rectors anl cause a certifiate to be
attached to each and every package
containing said liquors when the same
is shipped to the State commissioner
from the place of puirehiase, or by the
State commissioner to the county dis
penlcer. Certified by their official sig
natuares and seal, which certificate
shall state that. liquors contained in
said packages have been purchased by
the board of State directors for sale
and use within the State of South
Carolina, under - the laws of this
State, and shall also cause to be at
tached to all such liquors the certifi
Cate of the chemist of the South Caro
line college that. samples of the same
have been tested as required by this
The rest of the section makes con
traband all liquor not so certified to.
As a mat te' of fact all case goods go
out with Ihis certileate and none are
analyzed, or such was the burden of
)r. Burney's testimony yester(ay.
And it vould appearl that. even the
Cerlitieate on ligours tested is not
much of a guarantee.
In Sec. 557 it is stipulated: "Ae
cOMPIanyiig said bids there shall be a
sample of each kind of liquor offered
for sale, containing not more than1
one-half pint. each, which sample
shall upon its arrival he delivered to
the dispensary coim imissione r, to be Ie
tained by him un11til it ha1s been as
certainled that tle wines or. liquors
correspond in all respects with that;
I)ImIreIhased; said "amliples to ie tle
PrOI1rtV of' the State.'
Tih questimn was asked by Mr.
LVol yesterda: ''Has there ever
belen any test to see itf t he liquor
'bought corresponded witI tle sam
pIes submitted?'' Dr. Burney stated
tha no such comlparisons had been re
quired from him.
Dr. Burney's Evidence.
Dr. W. B. Burney, who has been
Stat(. (.hem1iist siice the dispelnsary
was started 13 years ago, stated upon
being sworn, 11ha11 solie (lays Ie re
ecivos no samples at nll 1111 sometimes
lie receives as mally as 10 a day.
These saiples are i all drawn fIrom tile
barrels inl tihe dispenisory. Admitted
that it is not his elistom to compare
samlples submitted by liquor houses
witi the whiskey .a111111 v purci4hased.
He does not know 1liat lie hIs ever
donle so, buit he is governed by tlihe ha
P 411n the snmples and does not know
geiierally whence the samples eome.
Whiskey is t1akein Irom every barrel
in each eonlsigmilent anld poured into
a pail. Two flasks arie tilled from the
pail and one is seni to him for exami
nation. Tl other is givel to tle
le does n4ot blieve 1hat there is
aiy separation of1 tle inlredielits ill
a barrel of whisley so tihat after sit.
ling a n1while the fusel oil would rise
to the i nd tie vo1ogne(i spirits al
so be sqIIIratled. T 1ihere is siteh afflnity
in tIe oiponeii parts that lie thinks
suhli w(e-pl rat ion ii hardly prohable. He
w~as unaerp(1uiainteod with al cohol busi
ness (except in thle laboratory and he
dloes not know wh'lethler thle specifie
grav'ity of high wines is sne.i that the
high wines would come to the to1).
Th'lat could1( be dlemonist rated b)y experi
Mr. I,lyon tried to refresh Dir. Bur'
ney 's miemory as to experimental
anniilysi s made in thle laboira tory at
theo college by Mr. 1. 1R. Wilson. D)r.
Biurniey had no recollect ion of any
anlysis being made by Mr. WVilson
and himiselft in testing the puity of
whiiskey froum thle dIispensa ry shlv es
to make c'omparIisonis with samplles
suibmitte d1 by bidders. It' there had
been any variation it is piobiable that
he woul hnvI a~e reenl1led( it. It has been
10 yearis sinie t ha I yountg mani was ini
colIIlege anid he haud made thlousandaos
ofI ana11lyses since thlen. Mr. LyonIi hadi
to1 leave this line o)f inquiry.
Dr1. 1 urneyi'~ saidl thIat lie knows that .t
thlousand ofiols(I(41laris of whiiskey arie
sold( in ('ase g(oods. Hie does not ox
amnino mnieh oft t he enuse goods. The
prac'tice has been no)1t (I analyze the
('a154 goods at all. A few samples of
such gobods had1( been examinied ini daysf
gonie by, he sajid.
lIori practiceal puriiposes a p)inut is suif
ficient (quantit.y from which to make
an examination, hat to make a miniute
examination this quantity would 1be
entirely inadequate, and it would reo
quire days to make a minute analysis
and such Aetalled .examinatIinwould