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VOL XLVI No,12 NEWBERRYt S. C., TUESDAY. FEBRUARY 9.1909. TWICE A WEEK. $1.50 A YEAR
THE WORK Of TIE
SESSION WILL PROBABLY CON
TINUE TWO MORE WEEKS.
Deadlock i Associate Justice's Race
oontinues-Liquor Fight Begun
Elections and Other Matters.
Columbia, S. C., Feb. 8.-It was the
general impression that when a fixed
salary was made as pay for the mem
bers of the legislature that the session
would probably be less than forty
days. The present legislature has
been in session now for four weeks
and so far as disposing of any meas
ures that have been proposed is con
eerned, very little has been accom
plished. About 800 bills and -resolu
.tions have been turned out from the
engrossing department, and up to
Saturday only ten had passed and
been enrolled for ratification. The
house on Saturday considered uncon
tested matters and quite a number of
second reading bills were ordered for
third reading and will today pass the
iouse and be ordered enrolled or re
turned to the senate with amend
mnents. These, of course, pertain
largely to local affairs. It may be
best for the country, however, if the
present legislature does but little in
he way of passing new laws and
amending old ones. As a general thing
our laws are changed too frequently,
The liquor question has had two or
three skirmishes and an effort in the
house to bring the matter up on a test
vote was very close.
A skirmish was also had in the sen
ate on Saturday on Mr. Appelt's bill
to require agents soliciting business
in this State to pay a license of $5.
00. No test vote was made execept
that the senate refused to make it or
any other measure a special order and
the discussion will be continued to
T.he deadlock on the election of an
associate justice still continues and
.seems not much nearer a solution than
several days ago. The last. ballot tak
en was on Friday night when Mr.
Sheppard and Mr. Hydrick each had
53 and Mr. ;Cothran 46 votes. The last
ballot was taken on Friday night, it
being the 24th ballot since the ballut
ing began. Judge Gage was with
drawn from 'the race on Thursday
Snight, and on Friday t'he name of
Judge Watts was withdrawn. The
joint assembly 'receded from balloting
on Friday night until 12 o'clock on
It may be interesting to print the
ballots so far taken.
First Ballot-Cothran 38; Gage 22;
Sheppard 36; Hydriek 33; Watts 35.
Second Ballot-Cothiran 37; Hy
driek 35; Sheppard 37; Watts 33;
Third Balot-Cothran 38; Hydriek
38.; Gage 18; Sheppard 37; Watts 32.
Fourth Ballot-Watts 32; Cothiran
37; Sheppard 38; Gage 20; Hydrick
Fth Ballot-Cothran 37; Hydrick
37; .ge 21: Sheppard 37; Watts 31.
Sixt Ballot-Cothran 39; Hydrick
37; Gage' 9: Sheppard 38; Watts 31.
Seventh ~allot-Cothran 40; Hy
Seventh B \lot-Cothran 40; Hv
driek 38; Gae 18; Sheppard 37;
Eighth Ballot -Cothran 40; Hy
drick 40; Gage 20 Sheppard 36;
Ninth Bal:t-Couthran 37; Hydriek'
38; Gage 18: Shep >ard 39; Watts 24.
'Denth Balloi-C thran 38; Hydrick
37; Sheppard 40: ~age 18: Watts 29.
Eleventh Ballot -Cothran 38: Hy-,
driek 34: Watts 28, Gage 20; Shep-I
Twelfth Ballot-C>thran 39; Hy
driek 35; Wat.ts 30; Gage 15; Shep
pard 38; Shand 1; Sea'rboroukh 1; M.
L Smith 1.
Thirteent h Ballot-ICothran 39;
Hdriek 38: Watts 301; Gate 13;
Fourteenth Ballot-W ydriek 34;:
Cothran 36: Sheppard 3g: Watts 28;
Fifteen!th Ballot--Hy1driek 44;
Cotr:n 40: Sheppard 41;- Watts 32.
Sixteenth Ballot---Hy .rick 44;
Cothran 41: Mbepp:'rd 43: .Watts 30.
Seventeen t! Ballot-H.idriek 48;
trer 40: Sheppard 38;' Watts 31.
Eighteenth Balot-Coth-ran 51;
Sheppard 54; Hydrick 55.
Nineteenth Ballot-Cothran 52;
Sheppard 52; Hydriek 56.
Twentieth Ballot-Cothran 47;
Sheppard 55; Hydrick 58.
Twenty-first Ballot-Cothran 51;
Sheppard 50; Hydrick 53.
Twenty-second Ballot-Cothran 49;
Sheppard 49; Hydrick 53; Stobo
Twenty-third Ballot-Cothran 49;
Sheppard 52; Hydriek 54.
Twenty-fourth Ballot-Cothran 46;
Sheppard 53; Hydrick 53.
Mr. B. H. Rawl, a graduate of
Clemson college, was elected a mem
ber of the board of Clemson to suc
ceed Mr. L. A. Sease, resigned. He
was opposed by Representative Greer,
of Greenville. Mr. Rawl received 97
votes and Mr. Greer 58.
Capt. Claude E. Sawyer, of Aiken,
was unanimously elected a trustee of
the State colored college at Orange
burg to succeed Mr. Arthur Kibler,
of Newberry, who resigned on account
of having been elected a member of
Mr. W. H. Glenn, of Anderson, was
elected without opposition a member
of the penitentiary board ,to fill the
term of Mr. B. F. Thomas, resigned.
Mr. A. K. Sanders, of Sumter, Mr.
John G. Moblay, of Fairfield, and Mr.
Jasper M. Smith, of Colleton, were re
elected to succeed themselves as mem
bers of the board of trustees of the
Mr. Deas, of Kershaw county, was
elected to fill the unexpired term of
Mr. D. B. Peurifoy, deceased, as a
member of the .penitentiary board.
Capt. D. J. Griffith was reelected su
perintendent of the penitentiary with
This concludes all of the elections
except that of some of the circuit
judges whose terms expire before the
next session of the general assembly,
and, of course, the associate justice.
The immigration department has
been sustained by .the house in an qct
amending -the act creating the depart
:nent so that the word "immigration"
wherever it occurs in the old act is
stricken out and the word "indus
tries" inserted. This amended bill
will very likely pass the senate. It
nrovides that the commissioner of ag
riculture, commerce, and industries
shall not directly nor indirectly at
'empt to bring immigrants into .the
The bill to authorize Newberry
rsounfty to issue bonds for road im
pi ovement introduced in the house by
Mr. Wyche passed the house today
nd was sent .to the senate. It ought
'o get through the senate easily this
The Newberry delegation. has a bill
for more efficient system of working
and improving the ferries and build
ing bridges and roads in Newberry
yony It earries a one ndll tax.
The lien law has not yet been con
idered in the senate. An attempt
was made on Saturday to have it made
. special order, but the senate refus
'd to make any special orders.
Senator Otts, 1who has been regard
ed as the leader of State-wvide prohi
bition in tihe senate, has in.t-roduced a
bill to refer the question to an elee
ion to be held in August of this
'ear. Some look upon that as an ad
'is,ion that there is no chance for
he State-wide prohibition law by this
leilature. The situartion on the li
quor question is interesting a.t this
time and the probability is that if
anything at all is done the referen
dum will be adopted.
Mr. Raeker's bill to require eities
and towns to permit lunches to be
furnished on Sunday was killed. It
:eems that there ar.e certain towns
'long the Southern railroad between
Clumbia and Greenville which have
ordinances forbidding the selling of
lunbes on Sundar and as there is
no dinner house between Greenville
and Columbia, passengers have either
to take their lunchew with them or do
without until they reach Columbia,
that is. those passengers who travel
THE LIQUOR FIGHT.
First Gun Fired Saturday on Bill Im
posing $3,000 License on Liquor
Columbia, February 6.-The first
gn f the prohibition fight was today
fired in the State senate. Upon Sen
ator Appelt's bill .to impose a license
of $5,000 upon liquor drummers in
each county where they solicit orders,
the discussion assumed wide propor
tions, reaching out to the other prohi
bition questions before the legislature
this year. With barely a quorum
present, Senator Clifton, of Sumter,
held the floor for nearly two !-.mrs,
speaking first upon the question of
striking out the enacting words of the
bill and then upon the question to in
definitely postpone. All sorts of par
liamentary questions arose, but noth
ing could take the senator off his feet
according to the rulas of the senate,
and having spoken twice upon the
question to strike out the enacting
words he then claimed and held the
floor upon his motion to indefintely
postpone the bill.
Finally all the senators were get
ting anxious, and debate was adjoarn
ed until Monday at noon on this ques
tion. Senator Clifton will than con
tinue to speak upon the bill. Some of
the senators were crying to get home
and this motion to adjourn debate was
passed after a similar motion a half
hour before had failed. The prohibi
tion leader, Senator Otts, of Chero
kee, had stated at that time that he
was willing to stay here until the
shades of night had fallen if the sen
ator from Sumter still continued to
hold :the floor and speak on the bill.
The question of quorum came up and
the roll-call was had, but there was
barely a quorum present, and, of
course, the senator from Sumter pro
ceeded with his remarks under parlia
Resort to Filibustering.
Many of the senators recalled the
days of the senator from Newberry,
who on occasions would hold the floor
just as the senator from- Sumter did
today. They used to eall it "filibus
tering," and even today the action of
the senator from Sumter was constru
ed as such by the prohibitionists in
When the senate got down to work
today there was a rush of motions to
make special orders of certain import
ant bills upon the Calendar. This
seemingly minor matter developed in
to a preliminary fight to keep the pro
hibtion measures from being made
special orders, and today the same
succeeded. After two of these bills
had been made special orders, and also
the lien law repeal bill, all -special or
ders were discharged upon a motion
of senator Hardin. This left the bills
in their regular order upon the Calen
dar, and they will come up regularly
in the senate unless a special order,
or several special orders, are made
during the coming week, which may
be done. However, it could be seen
from the fight today in the senate
that every effort will be made to keep
the prohibition and other measures
from being made special orders.
License Whiskey Drummers.
The casus belli today was Senator
Appelt 's bill to provide for the licen
sing at $;5,000 in each county of the
State for the conducting of the busi
ness of soliciting whiskey orders.
Senator Appelt explained the pro
visions of his bill. Under the present
law whiskey drummers can come in
and solicit orders and are not licensed.
However, they cannot sell the whiskey
in this State nor can they deliver the
Senator Otts stated that the lawv is
in conformity with United States
court decisions, and this mueasure pass
ed the senate last year, bu.t was lcost
in the house. Senator Carlisle re
maked that 'this bill onzht to sit
the prohibitionists because it would
tend to prohibit .to some cxtent the
sle of whiskey and should also ap
peal to the dispensaryites.
Then Senator Clifton arose and
moved to strike out the enactinag
words of the bill and proceeded to
speak thereupon. He claimed rhat
the bill was in violation of !he Urut
ed States Inter-State commerce law.
Also that a State cannot put a pro
hibitorv license upon an article whi.ch
is admitted to be a legitimate article
of traffic and sale. S.enator Westoia
exnlained that the UnitedI States
courts held that a license could be
put, bu.t not one that would prohiibit
the sale of the article.
Senator Clifton warmed up on the
(oetion of prohihtion. "'If thet e is to
be State-wide prohibition.'' said. Mr.
Clifton, "why. start now by liemwing
mn to sell liquor in this State. when
this very .thing will flood the State
with liquor if the prohibition bill were
passed." He argued also that the
bill is unconstitutional in that it is
practically prohibitory. Also that the
bill would deprive the counties now
having whiskey of certain profits, as
whiskey houses would combine and
pay the licenses for the various coun
ties, and then they could charge -each
county higher prices by .this combina
tion by dividing the sale of the whis
key among the wet counties.
Senator Otts claimed that the bill
is aecording to the findings of the
United States supreme court and is
constitutional. It gives, he said, no
one man more right than another to
sell. Senator Kelley asked Mr. Otts
if he would agree to a $50,000 license,
this question being .to show that if
prohibition was wanted the license
should be so made. Senator Ott3
stated that in such a case the bill
would not be constitutional, and
would, ;therefore, be null and void.
Senator Otts Speaks.
Senator Otts widened out a bit up
on the prohibition question, which
this bill naturally touched somewhat,
or had been made to touch-, by the dis
A motion to adjourn debate having
failed, Senator Clifton, having lost
possession of the right to further dis
cuss the bill, moved to indefinitely
postpone, and this gave him the right
to speak further on this new pending
Senator Clifton characterized Mr.
Otts, the prohibition 'leader, as one
who had changed first from State dis
pensary to local option, or "spotted
dispensaryite," to prohibiton. Sena
tor Clifton's remarks, while in a light
vein, at times carried some touch of
sarcasm with them. He was follow
ed, at least during the first half-hour
of his speech, with the closest atten
tion on the part of the senators and
those in the galleries and on the floor
of the senate. He argued that it would
be inconsistent to stand for prohibi
tion and then to vote to license the
sale of whiskey, as the bill under dis
cussion proposed to do.
Senator Otts stated that there was
some intimation of filibustering, but
that "we will sit here as long as they
can talk. I will be willing to stay
here the balance of the evening to
hear the senator from Sumter."
Senator Clifton proceeded to speak
upon the bill, pointing out that the
bill prohibits what iit purports to li
Senator Clifton reviewed some of
his former remarks on the prohibition
question, and also touched upon other
phases of the bill under discussion. It
need not be stated here that the sen
ator from Sumiter is opposed to the
prohibition measures because his re
marks on the floor of the senate tell
this in plain words.
Mr. Clifton's speech was very much
enjoyed by some of the senators. He
is a good speaker and his remarks.
teem with wit throughout. But he
will have his say on questions in the
senate, and today's proceedings were
somewhat of a victory for him, be
ause when the senate meets Monday
he will still have the floor and will
speak upon this question.
CENTRAL METHODIST CHURCH.
Rev. 3. W. Wolling, D. D., Pastor.
Another Sunday of worship and of
praise at Central brought together a
large congregation. The subject pre
sented by Dr. Wolling was "True
happiness,'' basing his thoughts on
the words of Christ, "In me je shall
have peace; in the world ye shall have
tribulation.'' The holy communion
was par.taken of by a large namhv'.
and after +he services the pastor
went to the home of Capt. Fair, where
the communion was adminstered to
Mrs. S. L. Garlington, who because of
age could not be present in the church,
and to others present and then to Mrs.
Willie Ruff at her home.
The Sunday school was well at
tended and the class exercises were
very interesting. About ze'nn d
lars were offered for th~ P'wa
orphanage. At night :anebier f 1
congregation assembled *"~.
was inspiring, Mrs. Willi ~ .
siding at the piano and M
leading with the cornet. T e ii -
course was a continuation of the s"i'
jet of the morning and listened to
with the utmost attention.
OrrICES IN DISPUTE.
County Auditor Werts Refused to
Give Up Office to Probate Judge
-Matter In Court.
As a result of the recent decision
of the county board of commission
ers to give the probate judge the office
now occupied by the auditor, assign
ing the auditor to the office in the
rear of the office now occupied by
him, and County Auditor E. S. Werts'
refusal to move or to allow the sup
ervisor .to enter his office to move
him, the matter is now in the courts,
Chief Justice Pope having issued an
order temporarily enjoining County
Supervisor L. I. Feagle and Probate
Judge F. M. Schumpert from inter
fering with County Auditor Werts'
use and occupancy of the office until
the matter can be heard by the su
preme court, the supervisor and pro
bate judge being cited to show cause
before the supreme court in Columbia
on April 20 why the temporary in
junction should not be made perman
In the erection of .the new court
:house the small office in the rear, at
the southeast corner-the office
which nobody seems to 'want-was
built for the auditor. Before the fin
al assignment of offices by the com
mission, however, it was decided that
this office was not suitable for the
auditor, and it was assigned to the
probate judge, the vault purchased
for the probate judge being placed
therein. The auditor was assigned to
the office now occupied by Auditor
This assignment was made.last fall
and all the officers moved except Pro
bate Judge Schumpert. Mr. Schum
pert refused to move and remained
in his office in the old court house,
contending that the office assigned to
him in the new court house was in
every way unsuitable for an office
for the probate judge. The matter
was agitated at that time, and the
following petition was circulated by
Probate Judge Schumpert:
" To J. M. Wicker, Supervisor: We,
the undersigned citizens, realizing
that the space in the office and vault
as at present provided for the probate
judge is totally inadequate for the
preservation of papers and -records
now deposited in the probate's office,
with those that will accumulate in
the future, and for the transaction
of the business connected with said
office, -together with the insufficiency
of light and other facilities necessary
for :the custodian and others to ex
amine papers deposit.ed therein, do
hereby respectfully petition that the
office originally prepared and design
ed for said officer may be occupied by
This petition was signed by Messrs.
J. B. Hunter, I. H. Hunt, W. H. Hunt,
Cole. L. Blease, Fred H. Dominick, G.
G. Sale, E. S. Blease, Lambert W.
Jones, George Johnstone, H. C. Hol
loway, 0. L. Schumpert, J. F. J. Cald
well, W. H. Wendt, Thos. J. Wilson,
L. I. Feagle, and L. C. Livingston.
No action was taken by Supervisor
Wicker or his board, and County Au
ditor W. W. Cromer, who was then
auditor, retained his office,.and Pro
bate Judge Schumnpert reftgsed to
move from his office in the old court
bo:ise. That was the statris when Au
ditor Wert::, who succeeded Auditor
omner. un'lt into) office on January
f. and 'e took possess:on of the
:1 oWe which .had been occupied
In Jo e a new supervisor and a
ew hw)rd V( f county comumissioners
~ne in "a-e. and at their meeting
! Lst S:K'rda. a week ago they de
ded to e Probate Judge Schum
.t t:!e occuipied bs- Anditor
erte-nd -igned to Auditor Werts
the smnall offic~e in rear of his present
'Tite, as sf: 'ted above. Commissioner
1'. L. Leitzsey vo ted against the
Count- A"ditor Werts was notified
~t'is de *m *of the eo et 'oird,
t 4~ d been deeided up
. n.oving his hooks
enough for his boloks without the
vault, and not large enough for the
proper transaction of his official. du
County Supervisor Feagle took the
chain gang to the court -house on Fri
day afternoon for the purpose of
moving the auditor's books and fix
tures, but foind the doors locked, nor
could an entrance'be effected with the
duplicate keys held by the supervisor.
Auditor Werts and his attorney, Mr.
Blease, were in the office and admis
sion to the office was denied.
Such was the situation throughout
Friday afternoon, and on Saturday
morning a temporary injunction was
secured from- Chief Justice Pope di
rected against the supervisor and pro
-bate judge, which will hold the mat
ter in statu quo until it is heard by
the supreme court on April 20.
It is believed, however, that some
conclusion of the matter can be reach
ed without the necessity of going be
fore the supreme court.
The supervisor and county commis
sioners are Tepresented in the matter
by Mr. H. C. Holloway, attorney f4%
The temporary' injunction was
granted by Chief Justice Pope upon
the showing made in a petition from
Auditor Werts, presented by his at
torneys at an early hour on Saturday
Following is .the petition upon
which the temporary injunction of
Chief Justice Pope was granted:
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
COURT OF COMMON PLEAS.
Eugene S. Werts, as County Audi
tor of Newberry County, Plaintiff,
L. I. Feagle, as County Supervisor,
and Frank M. Schumpart, as Judge of
Probate of Newberry County, De
COMPLAINT FOR INJUNCTION.
The plaintiff above named coM
plaining of the defendants would rer
spectfully show to the court.
-1st. That on the 16th day of Janu
arY, 1909, the said Eugene S. Werts
was duly appointed and commission
ed to the office of county auditor of
Newberry county, and that he entered
upon the duties of the said office on
the 18th day of January, 1909, sue
ceeding therein William W. Crome',
formerly county auditor of Newberry
county, and that the said plaintiff has
ontinuously since the said 18th day
of January, 1909, been discharging
and is now discharging the duties of
the said office.
2nd. That L. I. Feagle is the duly
.ommissioned and qualifi-ed county
supervisor of Newberry county, and
that Frank M. Schumpert is the duly
commissioned and qualified judge of
probate of Newberry county.
3rd. That as the plaintiff is in
formed, believes, and alleges, during
the year 1908, the present court
house for Newberry county was com
pleted and that the commission charg
ed with the erection thereof assigned
and set apart for the use of the coun
ty auditor of Newberry county one of
the offices therein, situate on the
southern side of the said building, and
opposite on one side .thereof to the
office assigned 'and set apart for the
ue of the clerk of the court of said
county, and on another side thereof
to the office assigned and sat apart
for the use of .the county treasurer of
the said county, and that the prede
essor of this plaintiff in the office
f county auditor of Newberry coun
t 'n t. e discharge of his duties as
* hi - anty auditor, took possession
f re offtee or room he.reinbefore de
r~bed :and continued to use and oc
.,p lte same until the expiration of
his term of office and that the said
W. W. Cromer, as county auditor
afre:eid, had the consent, approval
nd authority of the county board of
comisioners of Newberry county to
ise '-nd occupy the said office or room.
4th. That when this plaintiff en
e,1 *'an the duties as county audi
r f Newberry county. the use, oe
d possession of the afore
-or ofmee, was turned over
is 1j said predecessor in the
- - -etogether with the books,
- ners, furnishings and
tereof. and that this
ww. -nd continuously
d 18th day of January,
-been in possession of the
ai ,.oom or offie discharging the.