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VOL. XX. ~ NING, S. C., WEDNESDAY, JANUARY 17, 1906. NO.16 ThE BRIAE W.H s Declared Constitutional by th . Supreme Court. JEC1SION SWEEPING Its E iv, - ffispensary Law Rejected by Ahe Court is the Amejdment in Reference to the &hool Fund. T2he Brice law is constitutional h is the decision ct the State su =e court. The dispensaries kepi M by injunction must be closec if ter and prohibition will preval: i of the northwest portion of the ste, from Elgefield to the North :olina line, except Ia Abbeville c sun. where no election has been held. T'ne cases ari, usd before the supreme It last Monday were d c-ded Fri r and the court decrees that the r is constitutional with one excep n, and that may be eliminated with i afecting the law itself. Zae excep a, singular to relate, is the "rider" Ich was ;uu on the Brice bill by idispensary p- ople, the clause which ,vides that counties voting out the ,pensary shal have no participation the surplus school fund accumula trm dispensary profits. rhe State of South Carolina, in 3 supreme conrt, Novamber term, W. W. Mirp4-hetitgIdner, against :. Land'm et al., respondents. >*' 2. C x, petitioner, against es et al., respondents. sep W. Cowad, petitioner, a it J. H. Blackwell et al., respon / jahn A Weir, petitioner against F. Walker et al, respondents. Robert E. Llgon, - petitlener, aainst F. H. Burriss et al., respon dent. Pickens County, petitioner, against -W. Jones, as camptroller general, ondent. nee County, petitioner, against Jones, as comptrolles general, lent. L. Aull, petitioner, against as camptroller general, "'these cases brc ugbt In urisdiction of this court raised as to the con of the act commonly -Brice act, approved i~mending section 7 of s.gpensary law, approved i896. . z&.C carelul ecnsideration this court is of the cplnon that maid act is ot uncorstl utional on any of the rounds aikged except in so fat as said Brice act declares that "any cunty voting out a dispensary shall ot thereafter receive any part of the urplus that may remain of the dis ensary school funds after the defi eaes in tt e various county ohool funds have bee made up as provided by law." While the ourt considers this provision uncon stitutonal, the court is of the opin io that is is separable from the re ainder of the act and that said act tands as~ constitutional with this provson treated as str-cken out. This conclusion renders It nccces ry to set aside the temporary injunc ton granted In tne first five above ntitled cases restraining the closing - f the dispensaries therein mentioned and also that the temporary injurne -Icn granted In the remaining three above entitled cases restraining the omptroller general from drawing his ffcial warra drtheseveral sums rising fro ie surplus of the dis ps asy.(ma therein mentioned be vdand the comptroller general free to disburse said fund as it -uld have be m disbursed before the 'fment of the said Brice act, and -adjudged. son .for these conclustions in an opinion hereaftei ~,C. J., ones, A.J., woods- A. Ja court means thai a niust befand must re - Greenville, Spartan Laurens, Union Cherokee, Horry Mv~arion, York d and Salude and Marlborn spensaries. Wil dispensaries out illegal and thi s have alread: :'ere has bee s5 have stoo h4e peop. --Iig kej 77ews. ,ir nave dit - -te ofthe - ies In whic ies unless an E enacted. -.rers Hung Sriday morning Jenkins Ba ~and Arthur Williams, two neg rderers, were hung at Kingstre negroes were convicted of ti - ble murder of Mr. Julian Wilsi e 13 of last October. It will beed that Mr. Wilson was -r~here he was employed ne having rooms on t Sthe negroes e 'o'r, crept 'm with~ INR[ATES BURh1I). SEVE.NrEEN PEtSONS GO DOWN eN A DE:-? I'I' Twelve Eesideaces Underm'ned by (lay Piggers in Naking On Tuesday night of last week at Haverstraw, N. Y., sEventeen per sons were missing and are believed to have gone to their d lath when thir teen houscs on R ckand street top pled over into a pit sixty feet deep which had been cut by clay digger6 in conr ection with the brick-makirg industry there. T weive of the per. sons missing were occupants of the fallen houses, five were among the rescuers who wcnt zo the aid of neighbors, after the tirst house fell and were carried down when the 12 other houses went crashing over the pr, c pice. Tne wreckage q-iickly caught fire and those who were in the mass were either cru~hed or burned to death. Tuesday night there was grave fear of another cave in along the sime street and the occupants of beven or eight hous.:s have moved away Others are keeping on all night vigil, :eady to alarm t! cir neighbors in case of imperding danger. The missing Tuesday night, all of whom are believed to be dead, are as foll )Ws. Occupants of houses, Harris Nel son, a merchant; Barjcmin Nelson his son; Mrs. S!lverma and yourig son, Cuarles Coben and wife, John B. Baauchamp, A Provitca and daugh tr, Abraham Diac;_ in _tj rescuing an all night vigil, ready to alarm are, Birtley M :Govern, Mrs. M. Jos eph Dailey, Rev. Mr. Alden, a Jewish rabbi. The landslide which carried away the 13 houses was caused by the fall Ing in of the bank thder which the excavators of the brick maLufactur ers had been working for a nnmber of years. When the breakage occurred in the long line of land which formed the ragged edge of Rodkland Street, one house toppled over into the pit with all who were living within Its walls. The other occupants of the houses pre part d to leave homes in the face of a blinding snowstorm A number of people who Uvedi nearby rusned to their aid and were assisting them in getting out when 12 more houses went down carryirg with t-hem not only the farities wno occupied them, but also several of those who had gone to their assistance. Oerturned stoves stt flee to the buildings and firemen came from miles arcuad but when the landslide occurred it broke the wa.,er main, hus cutting off the entire supply. uesday night relatives and friends of those buried beneath the ruins are still watchir g. as they have been all day, for the oodles of the dead to be brought out. XA.JY OF.FICE$ VAO&NT. The General Assemnbly Will Fill im -portaat Places. More elections will be held this year by the general assemoly than usual. -There are vacancies occurring in six of the judicial circuits and the chief justice of the supreme court is Ito be elected. Of course much Interest will centre in the election of the three dispensary directors and the. S~ate libarian is also to be elected. There are two, vacancies on the board of peniterftiary directors. New members must b3 elected on the boards of trustees of Szcuth Caro lina college, Clemson, Winthrop, the Citadel and the State colored college, at Orange-burg. Chief Justice Y. J. Pope's term ex pires this year and a successor must b chosen to serve eight years. Justice Ppe is filling anf unexpired-term. The judges of the circuit courts~ whose terms expire and their respective c r cuts are: C. G. Dantzler first; James Aldrich, second; R. 0. Purdy, thirc; R C. Watts, fourtb; G. W. Gage. six th and J. C. Klugh, eighth. These judges serve for four years each. -- Tne term of State Commissioner W. . Tatumn ernires, and also the term of chairman of the bond of dispensary directors, H. H Evans. The terms of the two directors, John Bell Towill )and L W. Boykin, also expire. The term is two years. Secesssors to J. A. Wingo and E. SD. Pourifoy of the board of peniten tiary niust be elected to serve two Vyears each. The State librarian must -be chosen for a term of two years, Mi~fss L iBorde being the incumbent. The college trustees whose terms -- expire this year follow, all being elec e ted for six years each: it Scuth Carolina Colege-W. T. C. Bates, J. Q. Davis. August Kohn. SClemson-W. X4. Evans,-A. T. Smy Lr the, L. A. Sease.>Jns 1' Winthrop-E. S. .yes W- J -Roddey, A. M. Lee. - ttade-J.- J Luacas B. hi. Blythe. 1 tate CoiroedCo3.ege-W. R Lw m.."-D~ -J. Brsadham. ' T^'raare plenty . ~-digates. cui e for tie varicui cffces ethere wil -be l'ein of log rolling bfori next Tues ie day or Wednesday, when the luck, Dones will get the plutosv. as Booke Ass. 'negro confined il eSema, Aia.,for the morder of K<E a- Allen, a youdg white man. and senten~ ap cd to harg Jauary 19Dh,_ cheatet a the gallons in a drD HAVE MET AGAIN. IBoth Branches of fae~ Legisla ture Convened Tuesday. WHAT HAS BEFN9ONE Is the House and tb Senate Since the Session Began in the Way of Legislation. Governor He% ward's Messsge Read in Both Houses. The General Assembly of S uth Car.olin met in annual session on Tuesday cf last week. The whole day was taken up in organizing and aearing the Governor's massage read. The message is a long document, and like all State papers prepared by Gov. Heyward. is clear and to the point. Tae most important subject it treats is the disp nsary. The part of the message bearing o i thix subjset Is printed in another coluLal. THE HOUSE. In the House of R-presentatives Clerk Tum C. Hamer called the roll and announced that a quorum was present, and Speaker M. L. Smith .a1,d upon the Rev. Mr. Pratt to open the proceidings witih prayer. Speaker -SmaIth ma'db t. brief open ing address, and said he wouiu d' r no Siggestions as to what ought to be done. The members are fresh from the piople and know what they want, but he feb that if the same broad conservatism and liberality charac ter-zd the action of the members tha6 nothing but success would crown the work of the General As sembly. Announcements were then made that several newly elected members were present ready to be sworn In. The new members sworn in Tuesday are: E Marion Rucker, of Anderson. Wm. Anderson, of Cherokee. Arnoldus Vander Horst, ui Char leston. Mr. Dobbs's election has not yet been declared, and as soon as the election is declared he will take the oath. Messrs. Whaley, Doar and D. 0. Herbert were appointed to notify tue GovE.nor that the House had organ z -a and was ready to receive any communications. Messages were exchanged between the Senate and House that each was ready for work. Tne annual message of Governor eyward was read, having been pre sented by Private Secretary Norment. Tne members gave carefult attention to V :3 reading. There were only two new measures introduced the first day. Both of the new bills came fromn.Mr. Toole, of Aiken county. The first was a bill to restrict the number of hours of labor In cotton mills to ten homns, instead of eleven, as is the law at present. Mr. T..ole introduced a similar bill last year, but it was killed. Mr. Toole's second bill was to re 'uce the passenger rate in this State to t wo and a half cents per mile. It is no w three cents per mile on pas snger trains, with no second class. which arrangement was adopted by way of compromisp. The House adjourned, after about an hour's session, to meet on Wednes-, day at eleven o'clock. The house of representatives got down to-business Wednesday and at tacked the calendar with an evident desire to kill everything that came In sight. Six bills were tabed and with drawn by their authors, there were recommitted, three had the enacting cause stricked out, the parliamentary way of saying that threy were "kilt" and two were also killed by being indefinitely postponed. Spad'er .Smith announced the ap pointmnent of Mr. E M. Racker, Jr., as a embefoi the committee on ways and means, and stated that Mr. Jno. G. Richards, Jr., would be the chair man of that c~imittee. The following exeutive appointments were at. nounced by t'he speaker: IJournal Clerk- -Christie Benet. 911 Clerk -W. F Norpo-n. K~ eper of the speaker's Room Jars N. Pearman. Mtal Clerk-John Sharpe. Doorkeepers-R R. 0Ouings, Ben Boover, - McKinney. Pages-James H. Tompkins. E -.rle Moifett, William Martin, John B Pa.trck. .La.orers-William Long, Henry G lbaua, George Eiwards, Caleb Bra cy, Robut Chisolm. A f ter a short debate the house post pone~i indedinitely the bill presented by Mr. Ardrey to sell the State farms. The vote was 78 to 39. In the course of trhe debate Mr. Banks of Orange bur-g calle:1 attention to the fiot that 2 5,000 bushels of corn were raised on Enese farms last year. Mr. J. B. Watson's bill suggesting an increase in the length of terms ci circuit juiges was killed. The bili nerely provided that the people be inn the opportunity to vote on this ., H vnel's bill proposing t1ha ex. ution of criminals be conducted w1 nint the penitentiary waile wa killed. Capt. Hamel explained to the bill was introduced in the ir esU of humanity. , Ml~r. LaFitte spoke j 4mae carino and ab' Mr. Callison's, relating to v-bli guardians, amending section 2663 o the code; Mr. Sar d- rs bill providing for inspection -f oils; Mr. D 0. Her bert's to autnorize mayors and intend ants to designate and detail policemen to perform duties of health officers; Mr. LiFitte's to give magistrates jur isdiction. in case of theft of live stock if value of stolen property does not exceed *820; Mr. Sanders' bill against "bucket shops;" Mr. M W. Walker's to protect boardIng hous-keepers; Mr. Laban Mauldin's to require county au ditors to administer oath to persons making return of property for taxa OT.; R; - ricce's bill to authoriz. S. K. Orr, H. H W tkins ER.ib-s-to dam the Savannah~'ivar at 'Cherokee shoals. Mr. Sanders' bill- against "bucket s" makes a misdemeanor "the g any room or place where con are made for the future delivery of "any s'ocks, bonds, cotton, grain, meats, or any other animal, mineral, or vegetable product of aby kind with out the seller iQng the owner cf the stcck, bond, cotton, grain, or other article contracted to be sold, and with out any intention on the part of either the seller to deliver of the buyer re ceiving the same." THE SENATE. The Senate was called to order by Lieutenant Governor Sloan, who made a short address after prayer by the Chaplain, Rev. W. L Herbert. Foimer Senator Hydrick, who has been made a Judge, Is succeeded by Mr. H B C3.rijsle as Senator from Spartanturg.. He was duly sworn in ani was appointed to all those com mittees on which his predecessor served. A cc mmittee, coisisting of Senators Manning, E.rIe and Raysor, was ap pointed to inform the Governor that the Senate was ready for business and to rce..ive any communication ht migbt see fit to make. -It wwe enectv thattthe bill giving .ut: dispensary investigating commit tee further powers would be intro ducad Tuesday, but Chairman Hay said there had been soane mistake in enrolling. it., and that it would likely .be.intrcdunced later. Tbe comnittee met Ttesday after noon to perfect the bill. . In general terms itwill-be similar to the original esolution, except that it will be In the form of snAct,'and :the phrase ology will be so consirIcted as to give the committee definite and positive authority .to compels-.attendance of those summoned as witnesses, punish for contemp.t, etc., and in short -to give the committee those powers, for the lack of which the investigation has been much hampered. The rollowing appointmerts were announcr d b( f ire ad journment: G. E Moore, Bonea Path, Journal clerk; A. M Deal, Columbia, bill-clerk; N. -O Pyes, Columbia, postal clerk; Andrew Crawforc, Jr., Columbia, clerk to the presideni; E.V. Cullum, Jr., Bates burg; and W. D. Johnson, of Aikei, pages, and the sia laborers- who served last year. There 's a vacancy in the place of assistant clerk. Gen. Hemphill will announce that appointr ment Wednesday, and the successful man will likely be Mr. W. W. Mann, of St. Grorge. The Governor's M sssge was read and with that the business of the day was completed. Only one bill was introduced, that being by Senator Bates to amend Section 3.057 e i Volume I of the Civil Code. It has ref ererce to assig~nees' liens; The husiness of the senate Wednes day was not lengtbly. Toere was only one discu sion walle the calendar was being read. T.ac report of the dispen sary com.snittee was made. The tlwo third reading bills to pun isNi theft of car brasses and to re q ilre toilets at railway stations were The coco-cola bill wes re-commited and there vas, an effr.: to have Sen ator W. E. Joh'son's lcckout bill m3de a special o:der for Wednesday but this fall. Senator Hood (ffred an amendment relating to a change in the cede regarding wills but after a legai discusion this was killed. A ccmmittee was appointed In c.>n nection with the presentation of the portraits given-by Capt. T. G. White of Beaufort. The day set Is February 1st and the committee zonsists of Sen ators Canstensen, 13:ice ad ir ren. A bill killed was that sent from the house Introduced by Mr. Clay, re garding the obstruction of streets by railways. It was thought there are now encu,zh laws to cover the sub jct. A resolution was passed to investi gate what elections are necessary to be held this year. President Sloan read a letter from Mr. E S D.cgle, formerly assistant c:erk, who has resigned. Resolutions were passed accepting it and N r. M. M. Msnn was appointed to succeed Mr. Dingle. The dispensary committee's report and hill were introducad by Senator Christensen. In the Senate on Thursday a b'll to give the railroad commissioners more power over depots was given si brd rezding, and a bill to extend prote~tion over q-1ll and partridges until 1910 received secnd reading. Several -bills were ric.:mmitted, a mong theni one, regarding railroad rates and t do etir to the kInship c f supreme c&'$2.1s and circuit court judges n a. - heir r ttirg incatee . REFORM NEEDED. Governor Heyward's Views oi the State Dispensary. MTE BEST SOLTION OT ifie Uquor Q1estian Ii It Is Properly Conducted, Which xp Thinks Can be Done. By No Means flope. less Because of Wrong Doing. The following are the governor's recommendations in fall relative to the dispensary: The onf; coud which throws a shadow over the state is the unsat isfactory condition of the dispensary. Great dissatisfaction has been mani fested by the people In many quar ters. It exists, I believe, because of loss of confidence resulting from abu3 es in connecAion with its operation. No one can deny that the present at mosphere surrounding the dispensary is a grave reflaction upon South Caro lina, for it is a state institution, and any odium which attaches to its oper ation necessarily attaches to the state. Since your last session a large number of ejunties have voted out dispensaries, but I must sal that the vote abolishIDg them I take to be a rebuke to the mode of operation rath er than-a repudiation of the system itself. In my last annual message, when considering the needs of the dispensa ry, I said: "I am convinc:d If this system can be properly regulated, It will be one of the best solutions of the liquor qb=stion. If not properly managed and controlled, its usefulness will be at an end." Despite the events of the past year and the revelations which bave at tended the investigations of your cc m mittee, I am by rio-means hopeless, I still believe that -the dispensiry sys tem- has many strong points and ad mirable features which commend It, but in saying this I am by no means blindzd to its imperfecibns. It is imperative for the honor of the state that existing conditViis sth'ud be itemediately remedied, either by radical changes in the laws gev3rn ing the lispensary or- by the adopton of a dlffrent system.'torthe regula tionof the iqauor questio-D. The de tails ofthis situation are so well known throughout every ccunty in the state-that I feel no extended dis cussion is necessary here. It is incum oent upon-your body to give this mat ter your most careful and serious con sideration. You are chosen by the people to make their laws, and in such a crises as this they will ba sat -isfied only ivith direce and specific ac tion on your part. During the year that bas passed since ycur last sessIon 1 have given this question my earnest considera tion, hoping to devise some, certain remedies for the evils complained of, but have been impressed with no bet ter solution than was included in the recommendations I made to you last year. In order that my views may be clearly understood, I shall call te your attention to such extracts from my last message as I deem necessary for this purpose. I herewith submit for your consideration the following extracts upon this sut ject with one c ange, nameli: the abolition cof county biaards of c )ntrol. These are again recommended to you as embody ing the changes which I think will best serve the proper regulation of the dispenssary system. "The state cnmmissioner should, in my juigment, be the ( i~er whose duty it she u~d be to purchase all upplies for the dihpensary. He should be required to make contracts, not for any sp~cid.d amount of lEquor, but for such supplies as nuay be actu aly re quired, such rs quirements to ce determiued by the comzissioner." "LEach contract made by the comn missioner should reqiuire the firm c ntracted with to guarantee the sale of suca goods as may be ordered and sipped to the state dispensary, said guarantee to be entered as a part of the bond. All advertisements fjr bulk goods should be placed str:ctly and absolutely upon a conpetitive basis, by letting it be distinctly under stood that the lowest responsible bid der shall be awarded the cjntract. It should further be the duty of the com missioner to m~e each year, quarter ly reports t> the state board of direc tors, showIng the amtots contracted for the previous quarter, including the brands ad plioes. and the nae ofprisfom whom goods are pur ocaisfhc report toe s:.ate board of cretors shall h-ave published in at least two daily new~spapers of the stat&' "The board sho-uld be required to meet each week at their otlce in the state dispoensary, to remain in session f-ss long us may be necessary for the tanactionl of their busine s. The eeral supervision an~d mauage:uent of all county dispensaries should~ be ltheir charge and they should be 'icaliy charged with the duty of g that ali restrictions governing varioas dispensaries should be - 'v u iarced. Ti'eS^. are re3Donsl arduous duties f- 3Z -~ ufthis b" After nature ri ction I am con strained to recommend that the coun ty board of control be abolished, and the dispensers appointed by the state board of directors upon the recomda tion of the legislative delegations of the various counties. It should never be the policy of the state to force dispensaries upon coun ties desiring pi ohibition, nor to main tain them when it is the wish of the maj:rity of the people to substitute prohibition in their stead. Legislation should be enacted at this sessio., to free the system from the abuses ,which have. crept in, ta emptisize atesrii- eatures, and to ensure proper complian, with the strict litter of the law. This matter will certainly be brought to yr/i? at, tention at this session of your body. I sinc rely trust that you will give it your most careful consideration and that you will, with-a ieifzatior of your responsibilities make a fewr less and determined effort to er c such changes as will at least relieve our state of the reproach wh!ch cer tain features of the dispensary system have cast upon us. I need not assure you that in the discharge of this duty I am ready and willing to aid you in every way that lies in my power. The enfoic .ment of prohibition in counties which have voted out dispen saries presents a serious problem. The present law, as I construe it, makes it the duty of the governor, whenever he is s.tisfied that there are violations of law in such counties, to appoint con stables; these constables tc be paid from the special tax levled for that purpose. During the past yetr I have been confronted with many difficulties because of local conditions and di verse public sentiment, but bava en deavored to do what I considered my duty. My experience in the enforcement of this law has convjiced. me& that [ertain cnanges are necessary for the mutual interests of all . concerned. While I believe that special- offieers are necessary to prevent violations, and that such officers should be paid by the counties, I also think" that these officers should be selected brAo cal authorities and ba under their di rection and control. I, -therefore, racommend that, in fu ture this course be adopted, and trust you will so amend the law. The law, as it now stands, will give rise to se rious complications, and these should be avoided as much as possible. - UTEAGI IN SUETXE. - White Men Committs i Crime That ClsU for Lynching. A dispatch.' rom- Sugmter to the NLews and Ccurfer .ass the facts in a disgraceful if air .that'occurred in the cotton mill villVsge-'ona.'Wednesday b3 came knowjs Tairsday, T no white men who have been wcrkirg in th mill at times got drunk and while in that condition went to the homej Mr. John Scott i?ilmade a determin ed ffort to commit a crimiLal assault on a negro girl about 15 years old. who was employed by Mr. Scott as nurse. Mr. Scott and all the othE -adul5 members of his family were at work in the mill at the time, and they were under the impression that they could accomplish their heinous crime un molested. * They went into -the house and locked the doors, but the girl could not be made to yield by threats and when they attempted to use force she screamed so loudly that the men ;me frightened and ran cff. The girl went at once to'.the milI and reported.the a ffir .to Mr. Saott. The girl's parents, who are respec table negroes, went before Mag's' rate Harby and had a warrant issued .for the men, but they have left town and have not been apprehended yet. The crime was premeditated, for they tried to induca another young man to go with them an assist in the assault on the girl. This is a case that Calls for severe punishment, and If the men are not captured scon a. rewa..d should be cffered for their arrest. Should be Panished. A dispatch from Geffney to The State says it seems that Cherokee must appear before the public in a bad light. The last horror here is the arrest of a white man attempting to criminally rasault a negro woman, and ailing in the attempt shooting her. The charge is that Scruggs stole a Winchester rifie at the Cowpens bat teground on Saturday and came back by Cowpens station, where he bought, some cartridges. Hie walked on back towards town, comIng by Thickety, where he attemptedl to buy some long carridgCs A negro woman, about 24 years oia, Lois Giover, passed and Scruggs followed her for two miles. Scruggs says that he made a proposal' to her when she Cursed him and drew a pistol from her stocking and pointE d it at him, when he loaded his gun and sho her. She lay in the road for some time before she wvas found and cartried to lier honme. The authorities were notified an~d from the description glv en Scruggs was arrested. Hie was carried before his victim, who idgnti fed him. Bold Rt~obery. A dispstch to Tne State frcm Greenville says B I Fowler, a trustoa. driver or the Batesrille ME nufactur ing company, was .h.ed up and robbed of $26.20 by two uinknown white men in Court street near thie Cun'er of Court and Fdalls street F day iter noon abcut 2 o'clock. Fajwler ba jst rm c~lved a quanffy of good, at Lmurens po anhws nhi I WANTED A BOY. GIRL CAME INTEAD AND THE FATBER GOr MIAD. Used Violenee On His Unwelcomed Child and is Held For Trial. Stepten Heinbold, of New York, twenty-eight years old, was up before the court recently on a charge of as. salting the baby girl that can e In place of the-by he desired so much. Mrs. Heinbold, a pleasant fac3l, matronly ycutg German was in ocurt wth the baby. She said they had osen married three years and have a -comfortable home at 987 S.c nd ave nue. The husband is an upholsterer and earns from $18 to $30 a week. The woman said their marriage was a lo-e match and that their-home was a happy one until the birth cf the second child, five months ago. Tae firstborn was a girl. Tne father was dissapointed because the baby was not a boy. His wife consoled him by saying the next child might be a boy. "Stephen was a good husbind, as kind and loving as a man could be, and 1 saw that he was greatly troubled about a son," said Mrs. Hein bold. "I told him that a learned p-o fessor at Berlin said that you coul I have a boy or girl by eating certain kinds of focd, and I asked him to get me thoze things that are mostly what the profes3or called c: rbon: c ous." Then began the experimeno which it was hoped would bring an heir to the Heinbcid household. Mrs. Hein bold had egg nudeln-at breakfast. A' luncheon she devoted herself mostly to pumpernickle and charlotte russes and at dirner she ate schwerbrod un til her appstite c:aved for a change of diet. The parents were hopeful of suc cess until early in May they were dis turbed by the published opinion of Director Smith of the central Park menagerie, who said that from his cb servation of the animals in the Park he believed that s'x could be prede termined but that hydrocarbons would predispose to a boy. Peanuts were good for that. Bread and cakes and such things contained albumen and predisposed to females. -3 The Heinbolds saw that they had been working the theory upside down'. The food Mis Heinbold bad been eat Ing -;as considerably albuminous and favorable to another girl. After they got over their dissapointment she started on the Smith theory and had #eanuts for dinner, luncheon ar~d oreakfast. Eirly in August the recond child was born. Wnen the family doctor told the father that it was a girl the news was r :eived without rej icing. Accordingto the woman's story, he oecame moody, seemed to lose inter est in his family and would not caress the second child as he had the first After a .while he would scowl every time his eyes happened to fall on the baby. Tne baby was christened Step hanie, after its father, but he was never heard to mention the name. He continued to hand over all his wages at the end of the week to his wife, but he began to treat her coldly and she understood that the cause of the whole trouble was that the baby was not a boy. She went to the court and com plained that her husband had struck the baby in the face with his fist, and she was afraid he might do it some serious lr j-ry. The case was turned over to Agent O'Connor of the C-hil dren's society to investigate. O Con nor made an investigation, arrested the husband, and he and the woman told the story to Magistrate Whitman in couit. Mrs. Heinbold said that the blow from the man's .fist made the raby'snose bleed and blackend its left eye. "Was he drunk?'' asked the magis trate. "No, he doesn't drink. His habits are zood in everything else, except that ..e can't bear the sight of the baby," she replied. "That's-a very pretty baby. He ought to be proud or is," remarken the court as he boked at the unwel comed infant that the woman-held Ir. her arms. ' The blue-eyed fat infant smiledj upat his honor. 2kWhat do'you want me to do with your husband?" The mgsrt asked. "Something must be d-one to change his mind before he gets worse. Its ao because the baby was not a' -boy," she responded. Heinboid was asked what he .had to say. He said be did not strike the child with his list. He only slap ned it with the back of his hand. - The woman said she- ha money enougn to get along withouri her hus band for a time, and ,perhaps if ae was locked up for -a while hel ~vould became reconciled to the girl-! hood cifthe baby. 1'Il'hold him in $300 bail for trial in special aessicns," announced the magistrate.. dhe man had no bondsmnn hand y and -was locked up. . To BL mial Scesons.. The j )int Legislative COmmittee appointed to look into Lhe a1 eged 11. egalty of the pr.ae edin.g under wich e "biennial ses Ions" meudmentto leisature two yearsag yhe o lelnwsadpdb SERIOUS WHARCE Made Against Farnum in Connec tion With Certain Letter,. WHICH IS PRINTED Below. And Which Involves flighi Dispen sary Officials, the R.chland Dktil-e ery and Prominent Men .in a& Scheme to Control a Cer tain Nzwspaper. The Columbia State says quite a sensation was created Wednesday morning when Senator Niels ChriisN tensen of Beaufart, member of the dispensary investigating- commitee, submitted an affilavit in whic'L he preferred a serious charge against J. S. F.irnum. It will be recalled 'that when Senator Caristensen read the oommunlcatlon a few days ago he re marked that it was somewhat like a expurgated edition. He observed the Vsence of 'documents to which he had called attention in his Effiavit last iummer. Wednesday through Senator Hay and Mr. J. Fraser Lyon, the following fi lavit was c ffred to the suprema court: The State of South Carigina, County of Charlestoa-In' the supreme court. The Siate ex rel. J. T..Hay. et al., petitioners, vlaintiffs, against J. S. F.,raumresponient, defen dant. Mandamus. Sc u ;h Carolina, Bichland County. Before me personally appeared Nails Christensen, Jr., wifMbeing dulv sworn says: Taat the letters delivered by the court to the petitioners are not all of the letters contained in dispensary No. 12 in the city of Charleston and to wtich petitioners cinsider 'them selves entitled under the proceeding. herein. Teat the deponent saw in the cus. today of the said J.- S. Farnum in said dispensary No. 12, a letter of wbih the following is a copy: Richland Distillery Campany, Macon, Ga., April 22, 1905. Mr3 J. S Farnum, Columbia, S. C. Dear Sir: In reference to leoter of introduction forwarded to me from Seibles, beg to state that on the ad vies of several of my friends I was persuaded to take $500 worth of st- cr in tnis paper edited by James Henry Rica, Jr., Mr. Seibles also agreed to take a similar amount. Lt- was under stood that Evans, Tatum, Towhl, and Boykin were also to take stock-in this paper and several other piiles who felt an Interest in the welfare of twe dispensary. For this reason I cinsent ed to take tihe stock as stated above. Besides I believe that Mr. WEcIs a power in South Carolina and can ba. of much help to us and also tar the. dispensary. Trusting that I have explained the matter thoroughly to you, and tna it meets with your approval. Yours truly, The R'chland Distillery Company, N. M. Bia President,. P. S.-Beg to inclose you the lester. Seibles taken this amount out of stoer and paid for it. N. M.B. That depmnent is of the opinion that said Letter is pertinent to the matters to be investigated by the com mittee. Neils Christensen, Jr. Sworn to before me thIs 9th day of January, 19C6 B. A. Morgan, Notary Poblic,.South Carolina. This is indeed a grave charge and it may mean imprisonment for Far num. A great~rnany people Wednes day expceted that it wenid mean im mediate tro-ble for the accused. The court Wednesday afternoon in the consulting room deliberated over tae. nu.tter and passed the following order: "On redding t'-e cfidavit-herein of Neils C'List;.e-i, Jr., dated the 9th -i Js'uary, 1906; "QO nation of J-.- T. and J. F. Lyon, attorneys for pe'ttioners: "It is further ordared, thsaad~ JT. S. Farnumn do show cause before this court at Columbia, S. C., at 10 cllock a. m. on the 15.ih day: of January, 1906, whyphe should non be ataced' for contempt of this court for failure to delfver the ietser described in the affidavit of Neiis Christensen, Jr., as required by previous orders herein. "It is further ordered, that a copy of this order and also of said asffli aviU of Neils Caristensen, Jr., be served ok said J. S. FArnum." "Y. 3. POPE, "Caief Justice. "January 10, 1906." sol a Grava~ The grave in which lies the body of the man she called husband was s terday deeded away. bt Mrs. V aJ Dubols, of Des Meies, for $40 to,. fary Dabols, of b.an b i .of t e bd fb rrj ~na~~a~hy es Molnescontrace ~Du~ois, who was tound to wives, one In-Des -Moinea, e~nver and one in New~reans. sadthat uos lohad family NeYork and PhhiaJh