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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
LrUND.FOR PROHIBITION '
H ENFORCEMENT $50,000'
^rOALITIOX BETWEEN MILITIA AND 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
be borrowed, if necessary. The amendmeat
fs as follows:
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
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
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'
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
much thereof as may be necessary, to
enforce said laws, and shall such funds
oe found necessary, the governor, the
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
By The House
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
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,
Pairs ? McCullough and Friday;
ieckett and Friday; iiaiiey ana Mas-1
^ -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
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
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
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
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
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
(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
Thos. H. Peeples. Attorney General. ;
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
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
throughout the history of Barnwell
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'
law in Blackvrlle. In the
summer of 1910 he was elected to the
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- ^
teresting caees for the state. In the
Hr?.+ vMr that' hp was in office the *
bank tax cases were up for consideration
and in this litigation the attor- ^
aey general's office came out trium
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."
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
I ssaiMga >
Fred H. Dominick, Asst. Atty. General.
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
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
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
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
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
, 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
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.