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k VOLUME LIU, 5UMBFK 11. NEWBERRY, S. C, TUESDAY, FEBRUARY 8, 1?1?, TWICE A WEEK, $1M A YEAR. P The Appropria Increased LrUND.FOR PROHIBITION ' H ENFORCEMENT $50,000' ^rOALITIOX BETWEEN MILITIA AND j PJKOHIBITIOSISTS? J] I Lites Chain Gang Bill Well Under . Way?State Warehouse Appro- I priation?Other Matters. i (By Jno. K. Aull.) 1 Columbia, Feb. 7.?The house has 3 practically finished with the appropri- : atioB bill. aji<i it will go to the senate i (next Tuesday niglit, when the two ? bodies reconvene, after an adjourn- .] ment since Friday, the senate having v adjourned Friday afternoon and the "house Friday night, until Tuesday h night. The house on third reading will I readjust the bill to make the totals j conform to the changes and the re- p capitulation be in keeping. ,\ L The more important amendments to ^ the bill included the $50,000 for pro- s hibition enforcement and the $25,000 ^ for militia indebtedness to the Federal government, allowed to be borrowed if ^ ?? . +v?cw in/>rMtp in th^ snriro- ^ I -XI C'V1 C ^ ? & 1 J1 y C iiU A X VW V A ** vii v ? g* ? ? priation for the state warehouse commission, the increase in the fund under tie Smith-Lever act and tke increa?e c in the litigation fund for the attorney h general's office. The ways and means ? committee had cut down the attorney a general's litigation fund and the appro- P priation for the warehouse commis- T sion, but these departments were given h the same appropriations by the house t] as last year, the ways and means com- $ mittee finally consenting. 1( The statement was openly made in the house that a coalition had been ^ formed between the prohibitionists and the militia supporters to get the $50 - ^ . <>00 for prohibition enforcement and ^ ?- - -- ?or nnn j i tiie 525,wo for tne annua, a ms *^,vvrj is to pay the federal government for lost equipment. Tie house did not make direct appropriations for these two amounts, but authorized that they 0 w be borrowed, if necessary. The amendmeat fs as follows: N fi Th? $75,M Fvmd. i Section 41. Add at the end of sec It ion 41 the following: ."Provided, that j t< rif measures pending in. congress shall i k" raail to relieve the militia of this state of the charges now levied against the p: militia by the war department in ti "Washington, and provided the governor ai nnd adjutant general of the state shall have exhausted all means to have the ^ war department relieve the militia of ?] this state of said charge, and shall be <eoBvrncea max wre cnargw js> a, just ouu htnest obligation of the State, then Si Tie- governor, the comptroller general and the state treasurer be. and they areliereby, authorized and required to ^ pledge the credit of the state for an amount not exceeding twenty five P< thousand ($25,060) dollars, at such m time as the obligation must be dis . .. 01 I charged, and pay and discharge tne dent of the militia to the war depart- 1E C( ment: Prevailed further, that shall the exigencies in any municipality or county in. this state justify or require ai nxtraordinpry measures to enforce the n' ff prohibition law, now in force and recently enacted, that the governor of s' ||the state may expend in his discretion! fifty thousand ($50,000) dollars, or so c t much thereof as may be necessary, to enforce said laws, and shall such funds oe found necessary, the governor, the T\ comptroller general and the state treasurer shall be, and they are hereby, empowered and required, to pledge, ai the credit of the state at such time * - "J omAiinte ac lnnv hp Idiiu 1V/X OUV.U aJLnvu**vc ^ ? ?-Vv.C-j sstv to enforce such laws, not to exceed fifty thousand ($50.i)00) dollars." How They Toted. D [ The first proposition ws& on Mr. 3>ix- a] bn's amendment to thefWagnon amend- . pent. This was adopted and provided tj that the governor shall at the next ju session of the legislature submit a re- oi port in which shall be stated the d< r\r- <?r?!intiAs ?n "whi<Vh anv r>art A Ipf this fund is used and the amount so ct ps**i in each county. hi I The house voted down Mr. LaGrone's te trrndment, which provided that con- A etables should not he sent to a county Q] until asl:ed for "by the grand jury of cc tion Bill By The House that county. On th-e adoption of the Wagnon amendment the vote stood as follows: Ayes, for the amendment. i Nays, against the amendment: Yeas?Speaker Jas. A. Hoyt, 'Arnold, Atkinson, Belser, Bolt, Bowles, J. W. Hrtv/i R D Rovri Brown Charles. 2rirm. Dennis, Dixon, Durst, Folk, J. T. M. Graham, S. A. Graham, H. H. Harris, H. W. Harris, Huffman, Hutchr.son, Hutto, Jackson, Johnstone, La>rone, LeGrand. J. T. Llies, Lofton, r. \Y. Lyles. Mclnnes, McKeown. Mctfahan, Malpass, J. M. Martin, Means, Jills, Morrison, Mower. Oxner, Robnson, Rusl^ Russell, Sellers, Shuler, Jumner, iloole, Wagnon, J. F. Walker. t t Winsrnrd. i Vood. Wright?53. Nays?Austin, Berry, Bradford, Brigam Brims, Carey, Cherry, Dantzler, >esChamps, Dew. Etheredge, Fane, "romberg, Graydon, Hammond, Harder, Hubbard, King, Lane. McLaurin, ' elfi. Momeier, Moore, Muldrow, Xunn, >dom, Ramseiy. Sanders. Searson, Seneney, Smith, White, Williams, Wolfe, Workman?35. Pairs ? McCullough and Friday; ieckett and Friday; iiaiiey ana Mas-1 ey. ^ -State Warehouse Appropriation. The ways and mean committee had ut the appropriation for the wareouse commissioner down from $15,00 to $10 000 which wotrld have be :-n tax upon the commission and would ractically.have abolished the system he agricultural committee of the amendment increasing tie amount of the appropriation to 15.000, the same as last year, and aiding the commissioner to use sucji [ the income of the commission as r'ght be necessary in the proper c^nuct of the business. Both these mendments were adopted by the onse. and if they are concurred in by 3e senate will place the commission pon a proper financial footing. , in the appropriation bill tnere was : a item o? $15,691 to take advantage f the federal- appropriation under i hat is known as the Smith-Lever act. < ; was pointed out that to continue this i ;nd in South Carolina the sum of * >1,382 wolud be neces&ary, and the * ays and means committee consented' i > the increase on the floor of -the i 3use. The bouse also inserted an appro- J rio+inn nf S1 SOO'tb buv a linotype for I le printing school at the Deaf, Dumb J id Blind institute. 1 The increases, including the $75,900 1 > be borrowed, aggregate about 1 [00,000. . 5 Liles Chain Gan$ BUI. 1 There was a strenuous fight in the mate on the Liles bill making ^violados of the prohibition law punishable 7 service on the chain gang, without le alternative of a fine, but the bill issed a second reading by a large ajority. The fight will be continued i third reading. The test vote was l Senator Laney's amendment allowig the judge to impose a fine upon v^viAriATi tho first time /II ? kUV V?-?? ? . Those who voted to table the Laney ] nendment, and thus for the Liles bill . .'aking it a straight chain gang of- , nee for blind tigers, were: Beam- , nard, Beattie, Black, Buck, Carlisle, hristensen, Earle, E. C. Epps, R. D. pps, Evans, Ginn, Gross, Alan John- ^ one. KitcniL, Lide, Mullins, Xichol- . >n, Nickels, O'Dell, Padgett, Sherard, f pigner, IVerner, Walker, Wightman? otal 25. j fl"hose who voted nay, for the Laney :nendment for the option of a fine, < ere: Banks, Brice, Goodwin, Hughes, aney, Lee, McCown, Sharpe, Sinkler, 1 ~uckey. J. F. Williams, D. Reece 'WS1uns?Total 12. The following pairs were announced: ( uRant, aye, with Harvey, nay; Rich- c *dson. aye, with D. B. Johnson, nay. : Senator J. A. Banks of -Calhoun coun- ( r offered an amendment allowing the idge to suspend all of the sentence , 1 the first offense, but it was rvx>ted >wn, 23 to 16. Senator Williams of iken offered an amendment to allow ( ie judge to impose a fine where he , eliered the crime was committed uniu - ( ?- ' ? ? -T J OA ntionaliy. 'mis was Kiuea, i< w -u. ? n amendment by Senator DuRant of < [areadon .aa&i&h wonki exssagt t&ese t mvicted of transporting and storing j / ? . ? illegally, w.*ts also killed. The bill lias already passed * the house, and there seems to be hardly any doubt of its passing the senate and going upon the statute books of the :.tate. Other Matters of Interest The bill creating the 14th judicial circuit out of Colleton, Jasper, Hampton and Beaufort counties and leaving | Charleston alone in the 9ih circuit I /mi inntin'1 . nf Spriatnr .Sinlclpr made a special order for Tuesday. The senate spent nearly two hours debating the bill giving John M. Graham permission to sue the state. By a vote of 11 to 16 the senate refused to strike out the enacting words and i the bill then went to third reading. The bill providing for the left-over liquor in former dispensary counties to be sold outside the state by the sheriffs passed third reading and went to the house. The bill was amended by Senator Sinkler so :js to allow t-e old ^ispensary board in Charleston in stead of the sheriff to handle the sa.e of the left-over liquor tiierc. Clearing the Decks. With the appropriation bill practically disposed of by the house, the bill to abolish the tax commission and the Verner bill to abolish free scholarships the highway commission bill having been killed by the house, the Liles chain gang bill well on its way to the statute books, and a way having been determined upon to provide the $50,000 for enforcement- of prohibition, the* legislature, when the senate gets through with the appropriation bill, can either tackle rural credits and other measures on the calen- j dar, or it can adjourn. Adjournment could be reached this week, but it is I nrrkhohip at this writins:. Aid 1 UIJ WU ? - w .. Superintendent of Insi.me Asylum. "When t'ne $o,000 appropriation for the salary of the superintendent of the State Hospital for "the Insane was reached by the house, there was opposition, but 'the appropriation was carried by a good majority. Legislators as College Trustees. Mr. W. Banks Dove, chief clerk in the tVio oo/>rpt;sarv of state, 'nas lfiuvt: <-ri ^ ? 3eht to the "house a memorandum containing the names of those who have qualified as trustees of various state colleges in ffie last six years. They a.re: For the University of -South Carolina, August Kohn, C. E. Spencer, W r. C. Bates, W. M.Hamer,. David R. Joker and J. Q. Davis; for Winthrop college, T. A. Crawford, fW. L. Glaze. John E. Breazeale and W. J. Roddey; - -* rtl- A/vl I [or tile Citadel, none; tot umouu w- j iege, W. D. Brans (deceased), S. T. Me- j Keown, R. H. Timmerman. The report from the secretary of state's office was ... made in response to a resolution passed by the hous-e. "It reveals that n some instances preliminary requireBents for commission as a trustee lave not been complied -with." The Columbia Record says editorialy in regard to this matter:- . , "Then all this talk of certain legislators and other office holders toeing ?- - ;rustees of state colleges in vicriaujuu >f the law must be a mistake! "Upon reflection, we are convinced ;hat Winthrop certainly must have nore than four trustees, the Citadel n ust have some, and Clem son must iave more than two. Reference to the -eport of the state superintendent of Plication shows that Clemson has six md Winthrop has seven trustees elected bv the general assembly. "If these trustees nave been elected od have not qualified, then their places surely must be 'v acant and -.horrid be filled by persons who would observe the statute law of the state as expressed deliberately and pointedly n sectior 535 of the Criminal Code: " 'It shall be unlawful for any per >on to assume the duties of any "public )ffice until he has taken the oath prorided by the constitution, and been regularly commissioned by the govern- , >r. The term "public officers" shall be , lonstrued to mean all officers of the rtate that hare heretofore been comnissioner, "the trustees of the various ] colleges of the state/'-members of vari- j >us state boards, and other persons vhose duties are defined by law.' 1 "And if some ~who are now holding j commissions from the state or federal , >r municipal government should en- , leauor to qualify as trustees, th^g act ] )f theirs vroudl be illegal, for the con- j Jtitution itself says that *no person ( ;hall hold two offices of hoftor or porofit j it the* same tlme : Provided,-juif ] >cr?on holding another office may, at ] Thomas H, Pee As Att (By Leon M. Green.) TnAmocf ?-T rvc? ottArnor cron ATQ 1 f a. uuiikvo A . X av,j V. *.* ^4. v*. *. , of South Carolina and vice president ! of the National Association of Attor- j neys General of the United States, has ( the further distinction of being the youngest attorney general in this country. He is recognized in South i I i ? Thos. H. Peeples. Attorney General. ; ????????f Carolina as an able and efficient offi- -] cer and one who conducts the affairs t of his office in a most orderly manner. ^ He has recently announced that he ^ will stand for re-election in the pri- a maries next summer, and "he is now e entering upon the fourth year of ser- r vice as attorney general of this state. JV't. Peenles comes of a family dis o tinguished throughout the generations 10 for public service; is a descendant of ? the Peytons and Randolphs of Vir- ? ginia; his. father's people are the old e settlers of Barnwell district, In South Carolina. He is a direct descendant ^ of Darling L. Peeples. who was a pioneer in what is now known as Barnwell ^ county and was the first clerk of court ^ of the district, and was one of the pro- . meters of thev old Georgia railroad, which was the first steam road of the ^ South and the second in the United States. Mr. Peeples7 mother 1s of the ^ Hay family, whose record runs back LI throughout the history of Barnwell , u CQUXLiy. v t< 4Tcm' Peeples ^ent to the high school in Hartsville and in Batesburg, , and later to the University of South Carolina to study law. ^ Immediately after finishing his course at Carolina, he went back to his home county to 6' gpractice law in Blackvrlle. In the P summer of 1910 he was elected to the G general assembly and served two years . . O 1A11 1Q19 Trt tl in mat ooay. uuimg ioj.x <mu aw*-. the primaries of 1912, he was elected ^ to the offidg- of attorney general, and re-elected in 1914. As attorney gen- h eral he has ever been mindful of the p Interest of the people of the state and w has combined efficiency and economy P' in handling the affairs of his office. 0 During the whole of the three years ^ that he has served, hardly more than a *OAA 1 ~ 1 -i-n/ir, rl n.A f/1r> O tfrvn PV^' | 11(15 UfCll i-vyx mvwmw,,^ , fees. During the year 1915, no attor- j u neys' fees were paid, although many I matters of litigation were handled by ir the attorney general's office. Very few cases have been lost, and during ' 1915, none of the very important cases ri that came within the jurisdiction of ,1V the attorney general's office to handle ? were lost. n' Mr. Peeples has conducted many in- ^ tl teresting caees for the state. In the Hr?.+ vMr that' hp was in office the * c< bank tax cases were up for consideration and in this litigation the attor- ^ aey general's office came out trium vi the same time, be an officer In the militia or a notary public.* m ""The very fact that the constitu- tt tional convention paused long enough ei to exempt notaries and the militia is ir intend to include ta t/AV/W* Vflft'V 4b v w ? _ _ college trustees, school trustees, legis- P< latire or executive clerks provided for S' in the statutes, county attorneys and cl ythers too numerous to be mentioned. t? *It was the policy of the constitn- in tteaal^iwen&en-to* decentralize offiee -e< holding in South Carolina." pies Record orney General phant. During the year 1915, two insurance cases in which t'ne position of the insurance commissioner was sustained, came before the supreme court of the United States. These two cases were as follows: Tne state, ex rei, i^noenix Mutual Life Insurance Company, plaintiff in error, vs. F. H. McMaster, Insurance j I ssaiMga > Fred H. Dominick, Asst. Atty. General. i Commissioner, defendant in error; and 1 rhe State, ex rel, Louis Sherfesse and i <\ F. Covington, plain Lifts in error, vs,. 1 ?\ H. McMaster, defendant in error, l rhese two cases had been pending in < he supreme court of the United States * or some time and involved powers of ] he insurance commissioner in so far i s the same relate to the license of for- t ;ign insurance companies to do b'usi- c less in South Carolina, and the re- c .airement of the insurance commis- i ioner as to investments in South Car- t lina securities, etc. The two cases j I fere argued together by the attorney * eneral and che assistant attorney gen- I ral on the 12th day of March, 1915, s nd on the otn day of April, 1915, the o jdgment of the lower court was af- r rmed with costs, and the position of it ie insurance commissioner was sus- p lined. e Jo? Malloy, T. U. Vaughn and Willie u Art 1 AAf AO ' cuiiulAC, uipiuil wwco, r> ) the United States supreme court by 1 Tit of error, under the contention that ? ie crimes had been committed before 0 le enactment of the statute-changing i] ie mode of punishment from, hanging > death by electrocution. The. attor-^ * ey general was victorious in these ises. * A notable case also in which the at>rney general was sustained was the ^ ^tradition proceedings affecting.Fred- rick Brown, alias Joe Grant, from ennsyl'vania to South Carolina. Joe rant was ordered to be returned to ie state after 'having remained a D lgitiVe from justice for many years. d Of extreme importance was the.pro- s' ibition case decided by the state su- c reme court during 1915. This action M as brought by John Henry Chappell, d etitioner vs. R. M. McCown, secretary s f state, S. T. Carter, state treasurer, d . W. Sawyer, comptroller general, u nd the commissioners of election of n :ichland county, respondents. This a as an action brought in-the original a irisdiction of the supreme court, seek- a lg to enjoin the holding of the pro- 0 ibition election provided in Act No. v S, Acts of 1915, page 188. In this 11 iotion the constitutionality of the act as attacked. The return on the part 13 f the respondents, filed by the attor- v ey general, denied the jurisdiction of 0 le court to iseue an injunction against ? ie holding of the election and also ^ anying the allegations respecting the ? MLstitutionality of the act. The in- S( mction was refused, thus bringing to '.c attorney general's office another ^ ictorious wreath. e In the case' affecting the tax comA] ission, created at the last session of ie general assembly, the position tak- ? i by the attorney general in the near- v . ? ' T,, J _? nM<. etic. ^ ig ueiure >juugc ?raiw rrcvo ouvjlined by the supreme court. The ap- u ?al is now pending in the United States a apreme court. Irregularities were larged against the tax commission in ^ ie making assessments on property i South Carolina., on which the tax ^ >rom4esion- wa#- attacked. iHr. Peeples, in co-operation with the officials of the State of New Hampshire, was successful in getting a withdrawal of a suit, l'or $30,000 against the state for certain bonds issued in 1869. These are but a few of the cases in which the attorney general appearedt during the year 1915. Seven appeal cases in addition were argued by the attorney general's office in the supreme A A A? wuu. Auuut twenty cases came up in the court of common pleas, in whicL the attorney general's office was interested as a representative of the state or some department of the state government. One cause brought by the city council of Augusta, Ga., against auditor, sheriff and treasurer of Edgefield county, was handled in the distric; court of the United States on the question of jurisdiction. , Iii the very first report he made to the general assembly Mr. Peeples call- a ed attention to the violation of the f laws of this state with regard to trusts and monopolies, and he referred to the combination of water powers and to the merger of manufacturing companies. In his report which is submitted to the general assembly, he has the following to say: , "I recommend that our statutes be changed so that we make imvestiga- . Lions with regard not only to public service corporations, but also with regard to the violation of our monopoly laws without, as it is now confined to contemplated action, but it should exLend fcfc the purpose of ascertaining whether there should be any action or not; the defect in our law consisting in. . whether the attorney general should in ^ ?ood faith intend to bring an action, ind not upon the purpose of ascertains whether the state should take aD jropriate action. This I can not do without an investigation. The interests of otFr ^co^ora^ons^ a^d of our iitizens, who have invested in them, >ught- not to be disturbed unless there s probable cause to find fault with heir action and with their conduct, should be the last one to suggest that ?e should give unnecessary trouble by >rmging action wmen wuia oniiy reult in bringing injury to them, vifch- . ut advantage to the state. In the carying out of these recommendations it . 5 necessary that I should have appro-: riate funds given me to carry in? ffect the obligations which the stat-.;. . ;tes of the . state impose "upon tile at-"V orney general. If I have noHfte funds, can do nothing, and I hope that tie eneral assembly will deal with th* ffice in a proper and liberal -way, haivig in view economy^ but ktthe same - Lme efficiency, if action is expected to ^brought by me in these matters/'"' * It has been Mr. Peeples* endeavor t? eep t'ne state out of as much tttiga-i [ontion as possible. In bis &&Wa! ft- ' ort to the general assembly as to the uties of his office, he says: # <fAs stated in my former report, durig the time I have been attorney genral of Sonth Carolina, my effort has een to serve all of the several state epartments in every .manner possible o that I might thereby assist them in arrying'on meir duties in accordance rith the law and in a proper and orerly manner. The most important ervice that can be rendered or is renered by the attorney general's office > by way of counsel and advice in conection with the work of the various epartments of the state fovernment nd has been the case-during my term t attorney general, also with various fficers throughout trie state. In this ray many matters are handled of the tmn?t. importance that never come be Dre the courts at all. I conceive it to e my duty and have always endeaored, if possible, to keep the state out f litigation, and if it can be done withut injury to the public service, for in aat way, in my opinion, the interests f government are more properly erved." With the knowledge that he has done is duty by the people of the state who leeted "aim to the high, office he holds, [r. PeepJes now comes before the voire and asks the people to re-elect bins 11 the record that he has made . One 'ho has observed very closely the at* >rnpv areneral's demeanor was heard ) remark a few days ago: "There is ne thing I can 'say for fDom Peepflefl, bove everything else in connection 1th his office, and that is, that he has iown no political favoritism. He has een uniformly courteous and extremeh aaxfcens to kefrp -of- tfie (Continued on Page Four.) \ \ * . "i.