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The news and herald. (Winnsboro, S.C.) 1877-1900, February 06, 1877, Image 2

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WINNSBORO, S. C.
Tuesday, February 0, 1877.
JNO. S. RE YNOLDS, Editor.
The Publio Schools.
The necessity existing for closing
tho public schools is a cause for
deep regrot, e!spoially as no certain
lato can be fixed for reopening
thon. The Board of Examiners aro
Confident that the appropriation for
the year will be umde at somo future
time ; but no such certainty exists
as woul .1 warrant thom in permitting
the county to runA into debt.
But if any teachers are willing to
continue their schools, taking the
chances for re'eiving their pay, we
so0 no reason why a coi rted should
not bo made with thcm, on condi
tion that if tho appropriation be
made for the yeau-, pay certificates
for a certain amounit may be issued:
but if rno appropriation ho mnatde,
then tho trustees are not to be beld
liable Or the te'chers' salaries. Or,
it may be agreed that those who
teach voluntarily this year will re
coive extra componsatioln next year.
WhVilo these propositions ma11y seCmI
itnjust to the teowhers, it will he
remembered that no obligation rests
n)11 any one to accept them ; while at
the same time they offer a slight in
ilucenent to those teachers who
would otherwise be compelled to
-close, but who prefer to continue.
It is not known whether either
teachers, trustees or the B)ard of
Examiners will agreo to this proposi
Lion. It is simply thrown out, a a
possible soluition of a grave probl'emn.
As to the possibility of receiving :n
appropriation for the schools, this in
our opinion depends entirely 111)011
the prompt recognition of Governor
lhaupton, and the convening by him
(of a constitutional Legislature. As
long as the present muddle con
tinues, the schools (n'hnot prosper.
But as soon as Chumberlain is dis
posed of,'all the eduatin 11 institu
tions will go on smoothly. Those
who wish their children educated
cannot too soon recognize the Coil
stitutional governmiient.
A Pretty Kettle of Fish.
The decison of Judge Carpenter,
if su.tained by the Supreme Court,
will confter on the us r :er Chambler
lain an empl1ty hauble, as it wvould (10
prive limn of at pOrtionl of e'ven
small fraction of governmient over
which hie at present (la1ims5 to pmre
nide. He no0w hams a pret ended ean
ne cnssin ob number of inidi
vidlsh claiminig to) have been elee't
ed an~d to havo qualified as State
-on~ers. Thle c'onstitlution lprovides
that these ofliecs shall be ilted for
two years, anid that thie oflicials elect
shall enltor upon their duties ait the
time of the installation of the gov
ernor who) was elected along with
them. The terms of the Stalte otli
cils all expired at the timhe of thd
receint election, or, to be more pre
cise, ill the October preceding.
HIayne, Cardoza, Dunn and that
crowd claim to have entered their
respective offices on the day that
Chamberlain wem, through~ tile fare
of his installat ion. As Governor
Hampton was inugnrated a few day3s
after the enactmeni, of the Chamber
lain farce, it has beeni taciily agreed
that the State officials can qualify
and, be installed so soon1 as the
Supreme Court decides, in the sever
al quo warranlto cases brought be-.
fore it, who have been elected.
Noa decision setting aside tclie
inlstallationl of both Chamberlain
anud Gov'ernor Hampton mlakes a
clean sweep of the State officers.
Hayne, Cardoza, Dunn, Pu-vis and
the rest cannot hold over by virtueo
of their old election, since the:
constitution mrakes no provision for
this, aind their successors cannot be!
installed until the Legislature;
shall hate inaugurated the governor
Chazwbprlamu would bo left perched
alone likeo some buzzard, *conting
thwearioni which his elippod wings
willipt .e ouble hinm to roe. Ho
(5) 9 eeprivd oven of the invalua
hle uoeyees of the Adjutant and in
iupetor Generatl in calling out; his
phantom militia to quell the Kuklux.
Ile has no tax levy, bceause the
alleged tax bill was enacted by a
mob. He will havo neither Comp.
troller nor Treasurer to aid him in
repelling angry bondholders and
ravenous "bonanza" claimants. le
cannot call together the Legislature,
because that would bo playing direct
ly int) the hands of Hamipton.
Indeced, he ean (o nothing. As his
power is now zero, it will be ox
pressed in the event of this decision,
by the old mlatheumatical formnuia of
zero divided by two.
South Carolina News.
Siir. J. J. Richardson killed three
wild turkeys last, week in the
Congaree bottom. Tho latrge.4t had
a be: r I over twelve inches in length.
The Tionllil sville Xeres will be
removed to Darlington U. H., and
will 11reafter' h) known as the
D.. ringt on \c"s.
Mr. James I. Perrin, a well
known ciliz-n of Abbeville, died at
his residence in that town on Sun
day before last of consumiiiption.
The Abl'eville Press (and( Banner
publishes the nrames of 250 tlxpay
ers who havo paid taxes to the
Hampton government in one week.
Joseph, a three year old son of
Mr. J. I. Ligon, of the Lebanon
neighborhood, in Abbeville, was
accide.'ntlv bmrned. to death on Wed
nesdaly last.
'The t. instces of Newberry Col
lege have' conc'ieided to remiovo the
college flomil \\'alhilla, and are now
calling for proposals for the location
of the instituition.
A negro caught il the net of corn
mnit i ing a robbery was shot near
W'oodward's stoic, in Aiken county,
on Monday night list. The coroner
we'nct down to hold an inquest.
ThIe otlicers of York, viz : probate
judge. sheriff. county school Comfl
milissliler, coiiit.v comlllmissiOne's
hid clerk of the court, have received
their commissions from Governor
Hiamtpton.
Some fishermen from Cape Cod
halve arrived at Port Royal with an
immense seine. and proposo to sup,
ply the fleet and city with fish.
The net was spread out one day ard
covered almost, the whole town.
Two business men at flalberg
whose ten per cent. tax amounited
respectively to :17 and 825, con
tribuiteld each 85O, while the total
lmolillt ol!lected there exceeded by
one hunldied dollars that of any
other phee in Barnwell.
T he Keirsah av Ga(('( t(" advert'-s as
that it will receive sealed proposals
from trial justices bet ween this date
and the 1.4th of Februarv for the
mitretf to) eolleect "all mionevs due
th is. oillee by delinquent subs)cr'i
bers." A bond of 81,500) will be
required 11rom the successful bidder.
On Wed1nesday afternoon, 24th
ultimo, Al fred Taylor and( Jim Gill.
colored, living en the plantation of
Captain William McAliley in Ches
ter county, got into a quarrel about
a pint of whiskey, when Taylor
dres a istol,. fired on Gill, and
killed him.
Eight een (deaSths have occurred in
Fort Mill and vicinity sinee the 30th
day of last month-five whites and
t hir teen colored--mos8t ly child ren.
Several of the deaths resulted from
measles, whieb disease has been
prva'~lenit in thait commuslnity for th
p)ast two mlonths.
Chief Justice M[oses has reap
pointedl Albert M. Boozer Clerk of
he Supreme Court for tile ensuing
two years. This is Mr. Boozer's
lifth term of two years each. Mr.
Richardson, of Sumter, was also
reappointed Reporter of the Supremo
Court.
The Abboville Medibu~m chronicles
with feelings of the mlost profound
gratitude, tile filet that numbers of
the vagabmond negroes whlo used to
infest that town are leaving.
Greenville is said to be the place of
their destination. Happy Abbe
villo! Poor Greenville !
The Newberry Herald office was
thrown into consternation a few
days ago by a subscriber presenting
a $50 bill in paiyment. Two editors,
foreman, journeymen and devils
emptied their purses in a vain effort
to make change-the united pool
amiounting~ onh to one dollar and
seventy-tivo cents.
Lieut. J. H Todd, who was sta~
tioned at Prosperity, Newberry
coumty, on election day, was tried by
court martial in Cohtmnbia on the
charge of interfering with voters.
It wasB charged that Lieut. Todd
worked for the Democrats on that
day, an~d an affidavit to that effet
was mado by Charley Gary, a low
negro politician of Nelg 'Tho
verdiet waa "No gnmht.
COUNTING THE VOTES.
No Indicaton Yet How Soon a Docision
Will be Reachod.
BECoN) DAY.
When the Grand Conmission mbt
the president annjnceod that two
objectors on each side would be
allowed to speak, one in each case.
The word case was declared to mean
a State. Tho' is no provision for
replies.
Mr David Dudley Field opened
for the Tilden Electors. After
alluding to the action of the Florida
returning board, which, ho said, was
shown by the evidence to include
the throwing out of precinets upon
the inure belief that intimidation liid
boon ppracticed, he argued that the
pirlllount question before the Con,
mission was whether, in the faco of
such testimony as this, it can be
claimed that the face of the returns
is conclusivo and binding, The
usual form of st:iting the question,
"Can you go behind the certificates?"
is an erroneors forni. The question
should be revised so as: to read :
"Can the certificate go behind the
truth and conceal it ?" There is no
,pretenceo that the voto of the State
was not given for Mr. Tilden, the
solo pretext for denying it being the
certificato of Governor Stearns.
:Mr. J. Randolph Tucker, of Vir
ginia, followed Mir. Field on1 the
8m1110 side. In conicluidiig his ob
jections he gave notice that, as soon
as the Court should prescribe- the
ilode, they were prepared to
unkennel the frauds, and the illegal
I it' that attends the title of the
Hayes claimants. Messrs. Kasson
and MeCrary followed for the Hayes
Electors. Kasson argued strongly
against going behind the decision
of the returning board. This closed
the argument of the objectors.
THIRD DAY.
The Electoral Commission Court
allowed counsel to file evidence.
The question of its reception will be
decided hereafter.
Two hours were allowed to the
discussion whether the Commission
shall confine itself to matter laid
beforo it. by the President of the
Senate. In the preliminary struggle
the Republicans arguedito confine,
the Democrats to enlarge the scope
of the investigation. Nothing was
c icited beyon-1 elaborations.
Merrick, Evarts, O'Conor aid Mat
thews each spoke for the admission
of evidence, when the Commission
adjourned to 10 o'clock Monday.
The Commission was called to
order by Judge Chifford, the presid
ing justice. After a few remarks by
the presiding Justice as to the order
of procedure to he observed, to the
effect that, in his view, it would be
in order for the Democratic counsel
t pre ent, in a hri( firealsons whyy th
Haves and Wheeler electoral certiti
cate should not not be received, and
tihat tihe 1tepublican counisel mlight
follow with reasons whly tile Tilden
an~d Hendricks certilleate ought not
to be received.
O'Conor, of tile Democratie 00oun
rei, arose anld proceeded to address
tihe Commission. He said he would
address himself to what seemed
most pertinent in tihe Florida case,
and would otter proof wily tile first
certiticate of Hayes anid Wheeler
should not be counted.
Evarts, of the counsel for tile
Hayes and Wi eeler electors, -said
that if tile order of procedure. ,sug
gested by the presiding Justice
should be followed it was tile first
initimuation the counisel on his side
had hard of it and they wouldl not be
preparel to go on t&day.
TIhe presiding Julstice stated that
hlis remmarks wvere in the naiture of a
suggest ion and did not embody a
ruling of tile Commission.
O'oo, after a few preliminary
rmks as to what he thought
would be the best methed of pro
cedure. read a brief setting forth
whlat he thought ought to be sub,
nitted as evidence. He said that on
December 6th last~ the electors foz
Hayes and Wheeler and for Tihdemu
and Hendricks met andl~ cast thir~i
votes and transmitted the returns tc
tile seat of Government. Both sets
of electors complied wvith the re.
quiremlents of law. A writ of gue
wcarranto was served on tile Hayes
electors on that daiy, before they
can vassedl the vote, whieb eventua,
ted in a judgment against themn and
in favor of the Tilden and Hendricke
electors on theO 27th of January,
1877. He thlen reviewed tile action
of thle Courts of Florida and of the
Legislature ordering a recanvase o1
the votes, and said that the~ Can,
vassing Board without warrant,
threw out the whole of the returm~
from Manatee county and s
p~art of the returni from Hamjilton,
Jackson and Monroe counties. lIi
conclusion, lhe referred to the in
eligibility of HUynphmreys, one of th
Hayes electors/~who was at Untted
States Shipping Commissioner.
Judge Blaekeo~f thoeremocratic
counsel, arose tio makea snggestipp
as to the miethod oi procedure.H~
believed that ho had the rightkt
saggeft whats' evidence should be
prepeteafi d~bpkd on'i%'1
point The presiding Justice said
no evidence was before the Corn
mission.
After a colloquy between counsel
and member's o -tho Commission,
Senator, Thurman.asked the Hayes,
ai Wheeler cqwinsel what objetion
thoro could be to receiving all the
evidence- suggested by Mr. O'Con
or, subject to objections.
Mr. Evarts briefly gave his rea
sons for objecting to the nietli6diif
introducing evidence groppsed, by
the opposig counsel.
Judge Black insisted upon it that
the evidence suggestedt by Mr,
O'Conor had already been taken by
the two houses of Congress. Com
mittees were sent toFlorida;they took
evidence, had it printed, and thus
made it a part of this case. That
taken by the House was submitted to
the house after a fierce struggle,
fillibustoring lasting half a night.
Ho could not conceive anything more
unjust than to compel them to sub
imit evidenco by piecemeal. When
a party files a bill in a Court of
Equity, he may put in all the evi
donco lie choo. es, and the same is
true of the party filing an answer.
The evidence cannot berejected, but
must be accepted as a part of the
record. While Judge Black was
speaking'two special artists on the
spot were busily engaged sketching
the scene.
The presiding Justice said Judge
Black had exhausted the fifteen
minutes allowed.
Justice Miller moved that the
counsel on either side have two hours,
in which to discuss the objectioin
of Mr. Evarts as to whether any
other evidence than that laid before
the two Houses of Congress by the
President pro tempore of the Senate
should be received by the Cnlmmis
sion.
Senator Thurman thought the ar
gument ought to go further and
embrace the admissibility of testimo,
mony taken by either of the two
Houses. The iuostiou should not
be narrowed down to the papers
presented from Florida by the
President pro teipore of the Seiate
to the Houses of Congress,
Representative Garfield desired the
motion of Justice Miller to be en
largod, so as to embrace an argament
as the scope of the power of the
Commission in the premises.
Representative Hoar offered a
substitute for JustiW Millor's mo
tion, as aniieided by' lIr. Garfield,
but withdrow it, '4teid Field
renewed it.
The presiding Justice put the
question on Field's . subdti
tute and it was lost. -The motion of
Justice Miller as amended was then
adopted.
Evazrts suggested that each side
have three hours instead of two, and
the Commission accepted the sug
gestion. - Evarts suggested that
counsel have more time to prepare
their arguinents. The Commission
then took a recess.
On re-assembling the Commission
agreed to hear one counsel on each
side to-day and the others 9n Mon.
(day.
Mr. O'Conor said lie p~resumed the
three hours allowed each side might
lie divided among counsel as they
might agree, and the presiding off
cer said that was the understanding.
Judge Black asked if he miglit
make some general remarks and let
Mir. Merrick go inlto the details of
the case.
The Commission finally decided
that three counsel might speak, pro
vided they did not exceed three
hours.
Mr. Merrick, of Washington, open
ed the di.scusion for the Democratic
side. He considered it clearlj the
duty of the Commisson to go to the
root of the difth n'.ty by regarding as
it mnnet and ought.re tgitimogy of
the Hous~e Cominiittes on T'ldrida as
evidence in the case. H~e read from
the acet -ercathig th& "Commission' te
show that its powers were ample for
this purpose, and argued that every
consideration of lawv and of -equity
required them to inquiro ihtQ the
action of the Returning Board, taih.
ed as it palpably was - with.' fraud.
He cited the guo ibarranqo case . of
Drewv vs. Stearns apid others in sup
port of his views..
He was followed by Mr. Stanley
Mathews, forthe Regublicans, who.
mainitained, substantially, that the
act of any board constituted-by law,
or having apparently legal title,
coulnot be set asido, a4 this upon
grounds of public P6hoy.
. Mr.. . WV. Stoughton followed
the acts ofjhe Goyerner of Florida,
and denied the right of the Commis
sint o behind the returns of the
State Board of Cativassers.
It is expected that oii $otida
agogming Mr,. Evart5. will finish for
the Republicans, and Mr. J/ Black
or Mr. Oha.aOConor' for' ti 1 Datn,
cats, on the qgtigan g WPg,
theQhpQ of testimony, la beore it*.
and what are the powers.of the Comn.
mission mi im premis,
have the caso o grc 'in ,a en(
tion to submnit its action or it to the
Houses'in- joint session' beford '$Y4k.
kT
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