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The news and herald. (Winnsboro, S.C.) 1877-1900, June 18, 1895, Image 1

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WINNSBORO S. C. JUNE 18, 1895.:ESTA ED 1844.
TRI-WEEKLY EDITION.
WON BY THE STATE.
JUDGE' GOFF TURNED DOWN.
The 1testraining Act in the Registra
tion Matter improperly Granted
Judge Hughes' Individual
Opinion.
The celebrated South Carolija re
gistration case was decided in the Uni
ted States Circuit Court of Appeals at
Richmond,- Va. on Tuesday. The
State wins, Judge Goff's famous in
junction is dissolved, and the original
bill 'aill be dismiised. The decision
of the court was announced by
Judge Hughes and an outline
of the coutt's position was given.
Judge hughes suomitted a strong indi
vidual opinion, and the order reversing
Judge Goff was znterea at once. None
of the counsel who took part in the ar
gument were present. Judge Hurhes,
in announciug the court's decision,
said: "This case was heard by the
Chief Justice, Judge Seymour and my
self, on Friday last. We thought it
was of a character to call for an early
decision, and it was determined,
after adjournment on Friday, that the
decision should be announced to-day
and a. decree -entered. The case was
exhaustively argued at the bar, and
nothing. can be gained by waiting a
firther time for the examination of
briefs.. We are of the opilion that the
injunction which was granted in the
case ought to be 'dissolved and the bill
dismissed. A decree to that effect will
be entered at once. The opinion of the
court on the important questions pre
sented by the record will be prepared
by the Chief Justice and filed and re
ported as soon as practicable. Mean
time, a brief statemept of the grounds
of the decision prepared by the Chief
Justice is now filed."
The.Chief Justice expresses himself
as follows: "The judiciary act of
March 3, 1891, contemplates prompt de
cision on appeals such as this, and as
we;Cannot give extended expression to
our views at this time we content our
selves with a brief statement of our
conclusions.
"Under section 7 of that act, where,
upon a hearing in equity in a Circuit
Court, an injunction is granted or con
tinued by an interlobutory order or de
cree, in a cause in which an appeal
from a final decree may be taken, under
the provisions of this act, to the Cir
cuit .Court of Appeals, an appeal may
be taken fron such interlocutory order
or decreegranting or continuing such
injunction to the Circuit Court of Ap
peals.
"By section'five, appeali or writs of
r may be taken to the Supreme
- 'in any case in which the consti
tution law of a State is claimed to be
Sin.contra ention of the constitution of
the Unite States,' but althouzh the
constitutio' lity -of a State law may
be drawn I uestion in the Circuit
Court, yet if case may be disposed
Of on other.ground , not involving the
validity of such lawNwe think this
couri has jurisdiction on appeal. Car
ry vs. ~ailway company, 150 United
- States 170; United States vs. John,
155 United States 109. -If in the
instance of appeals from interlocutory
orders on consideration -it strdald ap
pear that the question of the consti
tutionality of the law is controlling and
must-be decided, the cause can be re
manded to the Circuit Court that ap
plication to the Supreme Court for cer
tiorari may be made. American Con.
struction Company vs. Railway Coin
Dany,'148 United States, 372. In this
case the bill of complaint challe? ged
the constitutionality of certain laws of
South Carolina, but the question was
* raised on the threshold whether the
case was one of equitable cognizance,
and this being so, we sustain the
jurisdiction and over-rule the motion to
- dismiss.
3"The jurisprudence of the United
3 .States has always recognized the dis
t inction between law and equity, as un
der the constitution matter of substance
as well as of form has procedure. Cater
vs.'Allen 149, United States 431; M~issis
sippi20i5. vs. Cohen 150, United States
~~*It iswell settled that a. Court of
- Chancery is conversant only with ques
- tions of property and the maintenance
of civil rights. The court has no juris
diction. in matters of a political nature,
oi- to initefere with the duties of any de
partmient of government except under
special circumstances adwhen neces
sary for the protection of rights of prop
merely informal, which do not affect
any right of property. In Sawyer 124,
United States 200, Fletcher vs. Tuttle
151, 111, 41; Hardesty vs. Taft 23, Mary
land 313; ex-parte Lumsden, South
Carolina, 19 E. Rep. 749.
'The equitable powers of the court
eaoly be invoked by the presenta
* tio seof equitable cognizance,
and there ca e no such case in the
Federal Courts "th~ere there is a plain
and adequate remedy2t law, nor does
illegality alone afford g'ound for equita
ble interference. Shelton vs. Platt,
139, United States 391.
"Tested by these principles the bill
*of complaint cannot be maintained, for
it asserts no threatened infringement
of rights of property or civil rights,
and no adeqjuate ground for equity in
terposition. Being of this opinion the
restraining orders must be reversed,
and the cause remanded with directions
to dismiss the bill."
The opinion filed by Judge Hughes
is an exhaustive treatment of the ques
tion raised in the case. The other
judges who sat have not had an oppor
tunity to see the paper, so Judge
Hughes is solely responsible for it.
JUDGE BUGHES' OPINION.
Judge Hughes' opinion in the South
Carolina case is in part as follows.
The Judge gives a careful review of the
record. and continuing, says:
~"There is nothing in -the record t,
show that the comnphsinant is man of
color, or that those for whom he sues
-are colored persons. The bill contains
no allegation that the provisions of law
complained of were devised against the
-complainant or those for whom he sues
on account of their race, color, or pre
vious condition of servitude. There is
nothing in the averments of the bill
from which it may naturally, or must
necessarily be inferred that the com
plainant and those for whom he sues
are citizens of color. There are no
averments in the bill which show that
the case falls within the prevised of
the fifteenth amendment of the consti
tution of the United States.
"r does the bil contain any a11e
;ations which raise a Federal question I
under that clause of the fourteenth I
,mendment which forbids a State "to
deny to any person the equal protection
Af the laws." It charges that the ef
fect of the provisions of the registra
tion acts complained of is to give un
equal faclities of registration to differ
ant classes of citizens; but it does not
point how this is so. It leaves the dis
rimination, as to the privilege of regis
tering, if there be discrimination, to in
ference and research in sources other
than its own averments. "It charges
that the provisions of law complained
of discriminates; but does not describe
the manner of discrimination, or define
the classes affected, pro or con; nor does
itshow that the laws complained of in
discriminating between classes as to the
privilege of registering granted by
them, violate the clause in the four
teenth amendment, which forbids a
State "to deny to any person within it,
the equal protection of the laws." It
confounds privilege with protection.
The bill has no reference to a Federal
election in setting out complainants
case. The gravamen of the bill, con
templates only a State election to be
held for members of the State conven
tion to convene in August next. It is
not shown that any Federal election is
to'be held in the State of South Caro
lina before November, 1895.
"To the bill, thus.described and to
the orders of injunction granted by the
court below, in pursuance of its prayers,
several objections are urged in behalf
of the State of South Carolina. In what
follows I shall consider but one of
these. In the ruling of the Circuit
Court, readered on circuit in this case,
it was heid that the court had jurisdic
tion to restrain a county supervisor of
registration in the performance of his
duties under the election laws of South
Carolina.
"The division of our government
into legislative, executive and jadicial
departments, is a distinguishing feature
of our American policy, and it is essen
tial to its existence that each of these
departments shall be independent of
the other. The division is fundamen
tal and organic. It would be just as
dangerous to its stability for the
judicial department to over-ride
the others as for the legislative or
executive departments to do so. Hence,
while th" right of the judiciary to pass
upon the constitutionality of the laws
is undoubted, it has that right simply
as an incident to its protection of pri
vate rights. It has not that right as a
mere means of settling abstract ques
tions; and even in the enforce
ment of private rights, it has not
the power to interfere with the discre
tion vested in the other departments or
with the exercise of the political powers
of those departments. It seems to me
that it is a dangerous encroachment
upon the prerogatives of the other de
partments of the government, if the
judiciary be ent-rusted 'to exercise the
power of interfering with the holding
of an election in a State. If the super
visor of one county can be enjoined
from the performance of the .duties im
posed tipon him by the election laws of
the State from whom he holds his com
mission, those of the other counties can
be also. Thus a single citizen in each
county (and in the case at bar he is not
even a qualified voter) can enjoin an
election throughout the entire State,
and thus deprive thousands of their
rights to vote. Ifa court has power to
do this, free elections are at an end. If
elections are improperly held, there are
appropriate means provided by law for
questioning their results and remedying
wrongs without the exercise of this
dangerous power by the courts. A can
dicate who has been defeated may con
test; a voter whose right to register
has been denied may proceed to compel
the enforcement of that right, and
these privileges give what the Legisla
ture deems sufficient protection to the
injured; but in my judgment, one citi
zen cannot, under pretense of righting
his own wrongs, disfranchise others.I
do not think that a court has jurisdic
tion to interfere by injunction or Mt~er
wise -with the enforcement of laws by
officers holding and deriving their pow
ers from these laws; certainly not to
the extent in which it is attempted to
be done by this bill.
"In arriving at this conclusion I have
not considered the question whether or
not the registration laws of South Caro
lina violate the Federal constitution of
laws. I prefer to rest my opinion upon
the ground of the independence of the
different departments of the govern
ments upon the policy of interference
by the courts in question which will re
ult in dragging them constantly into
the arena of party politics; and upon
the general principle that each depart
ment of the government and each officer
thereof, high or low, has the right to
administer, according to his best judg
ment, the~duties imposed upon him by
the laws creating his office. As illustrat
ing these general principles, I refer to
the following decisions:
"Mississippi vs. Johnson. 4 Wall,
175; Gaines vs. Thompson. 7 Wail. 347;
Louisiana vs. Jumel, 10.7 U mied Sta tes,
711; Hagood vs. Southern, 117 United
tates, 52; Ayers in re, 123 United
tates, 443; in re Sawyer, 124 United
states, 209..
"It is useless to cite the many cases
which bear on the questions arising in
this case and so prorusely at the bar.
"So far as the righ ts of t he individual
:omplainant in the bill were concerned,
it may have been competent for the
ourt to grant individual relief. The
supreme Court of the United States
the other day, granted relief from the
payment of an income tax to the in
dividual complainant in the suit before
it; but it went no farther. On the au
thority of Mississippi vs. Johnson,
supra, we may assume that it would
not have entertained a bill for en
joining internal revenue officers
of the government from collecting in
come taxes generally. The judicial
power covered the right to grant indi
vidual relief, but did not extend to the
general power of repealing the law im
posing the tax as to the entire public.
I repeat that in the case at bar it may
have been competent for the court to
grant individual relief. But the bill
asked more. It asked similar relief for
all citizens of the county situated like
the complainant. It practically asked
relief for a numerous political party
forming a portion of that people to
whom the Legislature was solely re
sponsible for its laws and to whom alone
the genius of our institutions makes
the Legislature responsible. Moreover,
it brouight the court into immediate
and acti've contact with party contesta
tion. It made the court a controlling
factor in party strife.
"I can imagine nothing more per
nicious than a direct participation by
DolAtics of the peoDle. The bill asked
>ractically that the process of registra
ion under the laws of the State should
)e suspended in an entire county dur
.ng the pleasure of the court, and that
al the citizens of a county, not then
registered as voters, should be denied
he right of suffrage during that pleas
are. It seems to me that the mere
,tatement of this view of the case
;hows that the injunction was improv
dently granted. "I think the bill
hould be dismissed."
"DOWN WITH TYRANNY."
[he Latest Manifesto of Cuban Res
olutionists.
The following manifesto was circulated in
he city of Havana. on the 11th inst.:
"~Maimo Gom.:z. at the head of two thou
and men. entered Camaguey and was joined
y the Marquis of Santa Lucia with fifteer
undred men. Twenty of the most promi
ient men have followed the brave leader,
[here is no hope for Spain. Remedios hao
oined the expedition under Roloff. who i
vell supplied with amunition. etc.. and flv<
housand pounds of dynamite, which hav
>een put in bombs of different sizes. Th<
anding of the expedition under Jero anc
erafin Sanchez is confirmed. They hav<
vith them six expert powder makers and
tynamiters. In Santa Spiritus. Province o'
santa Clara, there are six or seven bands o:
ifty to one hundred men each.
'The challenge extended by Gen. Garrich
:hat the insurgents would get more provis
ons. has been accepted by Maceo at the heac
)f seven thousand men. Maceo is burnini
owns and plantations and capturing all con
evs that attempt to pass through thal
ountry. The lives and property of all Span
ards who love liberty. will be protected. pro
iding they do not offer assistance to the
overnment.
"If Spain had looked for a general capabli
f using her army faster, she could not hav
ound one to exceed Martinez Campos, wh<
ives his suffering soldiers no rest, who undei
he burning sun of this hot climate are dyin
)f hunger and are without clothing. Eve,
:he home rule party say that an armed insur
ection is indispensable to influence the gov
rnment in favor of home rule.
"The Mahon convicts are all joining tho
ebels. The daily expense of the govern
nent is $150,000. Martinez Campos admit,
iaving lost 10.000 soldiers up to date. Thi
oldiers are dyinginthe streets of Manzanil<
)f disease of all kinds. The people of San
;iago de Cuba. Guantanimo and Baracoa ai
lying of hunger.
-There are over 18,000 well armed in
surgents. Brave Spaniards, lovers of liberty
lesendants of Riego and Pinto. Hurrah fo
iberty! Hurrah for Cuba! Down with th<
government and tyranny! Hurrah foi
9aximo Gomez!
(Signed) "Cuban Revolutionary Party."
A MILL THAT PAYS.
[t Has Made 7 Per Cent. in Thre4
Months.
At Huntsville. Ala.. the directors of th,
Dallas cotton mill have declared a semi
mnual dividend of 3 per cent on the commoi
tock. payable July 1st. The Dallas mill
were built in 1892 and aside from dividend
iave a surplus of more than $100.000. Th
marnings for the past six months were abou
F per cent. out of which the 3 per cent divi
lend is paid and the remainder-passed to
;he surplus fund. The directors have almos
lecided to build a $600,000 addition
Euntsville is the largest cotton manufactur
ing city in Alabama.
- EERPI 'TICKS.
The KnoxvU!. Tent .. Iron Company ha
posted notice of an inorease oi 10 oer cerj
of the wage'. of all emp;oyer.
The shops and round house of the Sant
Fe Ralroad. at Arkansas City, with man;
engines, were burned to the ground. Los
$150.000 to -200.000.
Eight brick stores, live frame stores. th
Episcopald Church and two residences wer
burned at Washingtou,. (i9.. Wednesda:
nighr. Thbe loss it: $40.000.
J. R. Holland. who embezzled some $95,
000 from the Merchants and Farmers Nationa
bank o)f Charlotte. N. C.. of which bank hl
was eashier, plead guilty and was sentence<
to seven years in the Albany penitentiary
with labor not too bard on account of hi
poor health.
Juidge Harmon. rhe new Attorney General
arrived in Washington Tuesday morning an<
proceeded to, the State Department where h
took his oath of aiflee as head of the Depart
ment o" Juistic~ h'iore justice Harlan. of th
Supremet Cmurt. His' iiome was a heart:
one from al! iarmds.
At St. Loit. Miel:.. Mrs. Herman Becker
aged thirty-"uc years. killed her two chil
dren. a boy and giri. aged four and live, an<
then committed suicide. It is elaimed tha
Mrs. Becker was Dot ot sound mind. Sh<
left a letter saying that she was sick and
o were the cnildren: ami they must die.
Presidenit Deb., or thex A. R. U.. has re
ported to United States- Marshal Arnold a
Chicago. for rem?~oval to jail to serve the r
maindee of hw~ -rutence for contempt o
Couirt. Keith,.r. Howard. Rogers. Elliott
Burns. Ho;gan ani Goodwin. other A. R. U
oflers aind dire'tor,. under. sentence witi
Debs, also ocnorten o the marshal. in
were placed Ija jail to :er'e their terms.
At a mneeting~ of rh" exeetitive committee o!
the Cotton Stat. ' ai'd International Exposi
tio2 Wednetdaty, it was dealided. owing to thi
very heatvy ina?, for space which- the
w aag'nemo) a who.ly un able to til not
withstandingthie lirge proportions of four
teen buildings, to buIildl an annex to the
manufacturers an~d .iiberal arts h'undiing.
Notice was received from the secretary oi
promotion of the Mexican Government that
- ns were ready' for the Mexicam exhibit,
.I asking that ak very large amount of space4
be set asido for 'bat :;orpose.
THE ADVANCE iN PkIlC
ThIs is the Feature of the Week Ac
cording to Bradstreet's.
Bradstreet's Commercial report says o:
last week : The speculative spirit whici
seemed to dominate both commercial and
fnancial circles until a week or ten day:
past is still less conspicuous in all lines
While busiuess throughout the country may
be characterized as quite raw, the tone o
staple markets continues strong, and confi
dence in a good demand when the fall sea,
eon opens next month remains unabated.
The feature of the week, as heretofore, is
the continued long list of advances in prices
notably those in Iron and steel, and the up
ward mnovement of bank clearings. Higher
prices are recorded for some cotton goods
shoes. hides. leather, paper, pig iron. steel
galvanized iron. black sheets, canned goods,
hogs, wheat, corn, oats and some grades oj
wheat flour. Prices for live cattle, wool, coa
and lumber are reported unchanged and firm
with silver, cotton petroelum and lard alone
noteworthy as showing lower rprices that
last week.
Southern cites in most Instances report
trade and collo(~ions fair, with no specia
change from last week. A light gain in de
mand is reported from Atlanta and Jackson
vlle, where collections are also better. AJ
mproved condition or business prevails a
New Orleans.
Failures in four weeks of May showed
liabilities of S9,329,181, of which 83,401,871
were of manufacturing and $5.345,306 o
trading concerns. Last year the total wa
9,787,921, of which $4.061,692 was of mann.
facturing and $4, 281,886 of trading concerns
Failures for the week have been 195 in the
United States against 216 last year ad 25 ii
lHARK, YE PEOPLE
ANOTHER ADDRESS FROM FOUE
TEEN OF THE FORTY.
it Advises That the Action of Edge
field and Aiken as to Equal Rep
resentation be Followed and
Compromises Made.
Fourteen of the Forty met Thur
day night in the parlor of the Graz
Central. Hotel at Columbia. Thoi
present were:, J. E. Ellerbe, Mario
D. E. Finley, fork; T. J. Kirklan<
Kershaw; T. P. Mitchell, Fairfiel,
Louis AppeltClarendon;J. W. Hame
Lancaster; Conservatives, C. E. Spe:
er, York; F. H. Weston, Richlani
George Johnstone, Newberry; J. V
Ferguson, Laurens; B. If. Boyk
Kershaw, T. H. Ketchin, Fairfield; I
B. Richardson, Charendon; Henry
Thompson, Darlington. .
As can be seen from the above on]
twelve counties were represented, bt
letters had been received from ti
members of the committee in near.
all of the other counties in the Stat
so that those present could act i:
telhgently and with the sentiments
the people of the State as reflected 1
the Forty well known of them.
It was stated that the greater pa
of their work was private. - All th
was giv.en out was the following a
dress:
THE ADDRESs.
I o the White Voters of South Carolina:
the working committee constituted -1
authority of the conference of Beforme
and Conservatives which met in Columt
on the 27th of March last, commonly knoi
as tha.committee of the Forty, in view of t
grave conditions still confronting the pe
pie of this State. deem it proper and expe<
ent to make some recommendations in furt
erance of the well knoyn objects and pt
poses of its organization. We desire to cA
attention again to the cardinal principles. s
forth in the platform adopted by the conve
tion, namely : The mainteance of whJ
superemacy "by fair constitutionalmethodi
and to earnestly urge upon every patriol
son of South Carolina, without regard
political faction, the importance In this cri
of contributing everything in his power
the attainment of that end. T6 those w
have labored for a reunited Democracy a3
the restoration of peace and unity amo:
the white people of the State, it Is a sour
of gratification that a number of. count
have already taken such action in regard
the election of delegates to the Constitutio
conveution as will obviate all friction amo:
the people of our race, and willfinsure t
selection of men wh9se undoubted qual
- cotions and lofty patriotism eminently
them for the important dutiestheyhave be
called upon to discharge.
3 We cannot appeal too strongly to tic
counties which have not yet actei in tl
matter, to take immediately somesteps-tl
will place them in line with this moveme:
t and will render it general throughout t
- State.
The practical inethod ofrsoling ni (pr<
t lem is, after'all. one that every county mi
settle for itself. The time for action is v(
short. The crisis that confronts us, it g<
- without saying, is imminent-we believe t
white people of South Carolina fully real
this. It is now time to act and to act no
Thos. J. Kirkland,
Chairman
Francis H. Weston, Secretary.
WASHINGTON LETTER.
The Grand-daughter of the Author
S"Star Spangled Banner" in Hard
C. Luck.
~Quite a little flurry of indignation has f
lowed the discovery that among the nine
1nine clerks dismissed from the Pension I
reau. in accordance with legislation enael
by the last Congress. was Miss Elizabeth
Key, a grand-daughter of Francis Seott K<
author of "The Star Spangled Banaer." 3ll
ev has been a clerk in the bureau six
1881. has a fair record for efficiency, and
the sole support of her mother, who is biF
A strong effort is being made to secure 31
Key's reinstatment and it is believed tha1
will succeed. for notwithstanding the p.
pensity of the average American to sa
"there's no sentiment in business." eve.
body knows him to have a vein of sentim'
Sin his nature, which once aroused thorous
tly dominates his action for the time; and
Sthe idea of turning out women descenda
of thc author of "The Star Spangled Bann4
to starve, or exist on the charity of the wor
doesn't reach that vein of sentiment its ou
coating must be growing dangerously ha
Attorney General Harmon agrees with Pr4
dent Cleveland on the financial question,
Mr Cleveland probably knew before he me
him a member of his Cabinet. Speaking
the snbject Judge Harmon said : "In t
present situation it seems to me mere fo
to talk about the free coinage of silvcr. '1
only way we float the silver we now have
by attaching an applied greenback to eve
silver dollar-or, in other .words. by1
goernment promising to redeem it wit]
gold doliar. ii necessary, to keep the t
equal. Of. 'cource there is a very narr<
limit to the government's ability to do th
besides I know of no reason why it shoi
do it. If there were free and unlimi
coinage of silver the government could
keep the two metals on a parity very lor
and the result would be, by the law of mon
that has been settled from the time that n
had money. the gold would all disappi
and there would be only a silver basi
Needless to say the silver men do not ag
with either the Attorney General's argumi
or his conclusions.
"Flag Day" was universally observed
Washington on Friday, by a display of i
National colors upon buildings public a
private, business and residential, and up
the persons of men, women and childri
It's a good thing. and the Sons of the Re'
lution deserve credit for their efforts to he
the anniversary generally observed. It
impossible for any people to love their f
Itoo much, and not a few Americans hI
shown a disposition to love ours too little
The administratson is on the eve of a su
mer separation. The last Cabinet meeti
has been held and Mr Cleveland. having
sued his anti-fillibustering proclamation.
ready to join his wife and family at Gr
Gables. In accordance with his usual pract
the time of his departure will not be
nounced until after he has gone-no bul
tended : a mere statement of fact.
of the cabinet in Washington, Secretary
State Olney. Secretary Carlisle. Secreta
Laont, Attorney General Harmon a
Secretary Morton, on .a ednesday forma
acceptedi the invitation extended to them
he Atlanta committee to visit the Cott
States and International exposition.
. rsident Cleveland, however. will not
u Atlanta to open the exposition, as was
first planned, but he. with the members
the cabuinet, will be there on Presider:
ay-October 23d.
In Brooklyn, N. Y., the trolley record
0 inled and more than 500 maimed.
CHARGED WITH CONSPIRACY.
State Commissioner Mlxson and a Con- PA
stable Arrested.
At Columbia on Wednesday morning EVI
an interesting legal move was made in
the matter of the dispensary law. State
Commissioner Mixson and Liquor Con- Th
stable Beach were arrested. The pro- TI
ceedings were made under the special of la
conspiracy act of Congress, which was ing
referred to in the Debs case. They Car<
are arrested upon a warrant sworn out It
by two leading citizens, Messrs.Muller the
A and Beck, before United States Com- 'Soui
.d missioner Reid, of Newberry. They Com
were charged with conspiracy to violate the :
the special interstate commerce act of west
1890 in seizing some beer belongingto May
the complainants. The commissioner seed
also issued a warrant for the search and cam
seizure of the confiscated liquor. The weal
prisoners were taken up for a prelimi- favo
nary hearing. Dr. Pope appeared for the:
n the complainants, and asked that they low
be bound over for conspiracy. The ther
- Assistant Attorney-General told the Hig]
deputy marshal to consider the seized the,
Y property in his possession for the pur- repl
poses of this case. in t]
e The State maintains that the defen- Stat
y dants cannot be held criminally liable who
B under this act of Congre.s. imp
- The hearing was concluded at the af- oegi
Af ternoon session, Dr. Pope and Judge be r
T7 Townsend both making lengthy well
speeches, the former arguing that the ular
rt commissioner had jurisdiction and the port
t latter denying it. pool
l- Dr. Pope's speech was a spicy one ove,
The commissioner decided that the de- pro'
fendants were- in enntempt of Judge sati'
Sinonton's order of inkinCtion, which, wor
>Y. he said, was now the law. and bound tion
fMixson over to appear before trial at A
m the November term of the United States ther
ie District Court in the sim of som
0 $1,000, making the constable's bond wesi
- only half that amount. ~whc
HARMONY IS ON TOP. Iton
et to b
t The Peace Faction Is Winning in the deci
Fight. F
ic A dispatch from Columbia says: the
t Laurens county isthe fourth county to haV
to take action in the direction of "peace wha
1o and harmony." The executive com- the
id mittee of that'county has passed resol- ver
c utions recommending that such dele
es gates be sent to the constitutional con
to vention as pledge themselves to sub- T
" mit to the will of the majority of the Mit
e white voters of Laur ens county, with- mi
d- out regard to their past factional has
k affiliations. ten
e1 Since Senator Tillman has advised rd:
se- the democratic executive committee of trot
is Edgefield county to see to it' that the tael
at delegates to the convention be divided aM
i equally between the two factions, all pat
doubt as to his pasition has been re
fi6 ved.~Before he so advised it was
't generally noised abroad that he would ty,
e kick out of the agreenient made at the
he Hemphill-Barnwell conference. His wat
e action has given much strength to the eat
W "peace and harmony" faction, and the lish
fighting element has been put very are
much on the defensive. There are to f
some who say that this element has to
do much talking to keep its courage
up, but there is no disguising the fact
0 G
of that it is backed by fighters of ex- Ie
perience with goodly numbers of cn
voters behind them. Richland county
is considered the headquarters of the
1fighting element, but many of the lead-Jnc
- ing politicans :2f the country, among ber
,- themSenator Sloan and Representatives
*Patton and Weston, have signified
N their'iintention of comin"' to some s. A
7' equitable *agreement wi the refor- froi
*mers. int
id. AN AGREEMENT.. i's r
iss9- --- put
it What Governor Evans Says About the .
0 Seizure of Liquors and the Causes.
SIn speaking about the seizures ofSt
h-liquors which are still being made de
if spite Judge Simonton's order of injunc
ts tion. Governor Evans on -Thrursday 2
r" remarked ihat they had an agreement an
Swith the revenue authorities whereby the
ed. they were to seize and hol all liquors Co:
s shipped in for private or other use' sta
dwhen the package was not addressed in cee
on the name of the party purchasing it. cor
he In regard to the cases brought by ref,
Iy Dr. .Pope before Commissioner Reid, are
he Governor Evans said be would have Dr .. by
y" Pope or Reid's deputy, or anybody ani
he else arrested as soon as they stepped miu
a inside the dispensary to search and we;
* seize property there in. He held that the
at. they had no right under the law to go 189
id that far, and he would arrest them the the
ed same as an ordinary citizen gigin als<
g. there to take up something and walk seis
s. out with it. prl
an. ... -. nar
"To The Convention,.h
Q* Gov. Evans Appoints Delegates for be
n the Big Memphis Convention. Ade
in South Carolina is to Ibe represented de
he at that big bi-metallic convention to be prc
odhl n Memphis on the 12th an d 13th P4
n. -Gov. Evans was requested to appoint ar
*- ten delegates from this State and this da
ve he has done, announcing the following un(
aappointments: Tlantera
.ve State-at-Iarge---Senators Tila Io
-and Irby and W. D. Evans.
"-First Congressional D i s tr icet-- ape
s Thomas Talbird. ~ icat
is Second District-W. J. Talbert. bt
ay Third District-A. C. Latimer.' T
eeFoith District-Stanyarne W ilson.
i Fft District-T. J. Strait. - Si
Sixth District-Jno. L. McLaurin. he
Seventh District--J3. Win. Stokes.M
it Three Boys Drowned in Lake Erie.th
Three boys were drowned in Lake ErieDi
s Sunday afternoon near the life saving sta- $
"Ition, Cleveland, Ohio, two of them in an at- oni
U tempt to save thekr companion. Thiey were
ad iehael Sheridan, 11 years; Patrick Morris,
y 12 years; Emmett Sweeney, 11 years. They T
by were bathing in dix feet of water, all being
0n good swimmers. Morris was taken~ with
eramlps and Sheridan went to his assji.ance, acc
be but his strength gave out. Sweene then 1
at atte.upted to reoe them, but all three be- in1
ot came locked in a helpless and frenzied grip a
t'$ nd were drowned.
Reports from cotton planting show a re
is duced acreage in Texas, Mississippi,
Louia. ...d emese. thi
LIETTO POINTERS T
NTS ALL OVER THE STATE.
L
e Cotton Crop of South Carolina. a]
te New York Financial Chronicle n
at week had the following regard- u
;he coming cotton crop in South g
>ina v
common with a large section of n
cotton belt, planting began in v
h Carolina later than in 1891. o
mencing in the coast section about a
st of April, it gradually eitended
ward and was finally completed tl
20. On some low and sandy lands E
germinated poorly, but as a rule it d
a up well. At the same time the e
her conditions have not been d
rable to the best development of n
plant, temperature having been too g
much of the time; at intervals k
e has been an excess of moisture. I
i water, frost and cut worms are a
yanses mentioned, rendering much
vting necessary. It is stated that f
ie more northerly portions of the n
e, along the North Carolisa border, s
Le fields have been replanted. An d
rovement in the weather since the .
nning of the last week in May is to t
oted, and the crop is now doing p
Stands are reported very irreg- i
, being exceptionally good in some ii
ions of the State and ic others very f
. The crop, however, is a late i:
and may soon show much im - ti
'ement under the prescot more I
Sfactory conditions. Outdoor t
i has been retarded, but cultiva- e
is now rapidly prdgressing.
yreage-Contrary to expectations
e have been additions to acreage in
a localities, bat these lie in the
:ern portion of the State. - Else
re the tendency has been strongly
ie op osite direction, the re(tuc-.
s being much more than sufficient
alance the ains, the aprarent net
case reaching 10 per cent.
ertilizers-It would appcar that
takings of commercial fertilizers
b heer but little more than half of
t they were in 1891. Furthermore,
use *of home-made manures has
largely increased.
I ~ ZZ -_40
me Phosphate Miners.Strike Over.
e trouble at the Bulow Phosphate
e, which grew ot of a strikeof the
er against a reduction in wages,
beer. quieted. The sheriffarrested
of the leaders of the strike on Sat
iy and rcpaired to the scene of the
ible with a posse composed of a de
ment of cavalry. Two. men were
sted. Wo further trouble is antici
.'elon Bug!inf e:Aingten
). T. Roof, of Lexington Coum
well-to-do-farmer, hag a few sam
of bugs wvhich are infesting his
armelon vines. He says that they
the vine, and thinks ihat by vub
ing the fact, that he and others who
troubled by the bugs will be able
nd some remedy.
Executive Clemency.
overnor Eva l; ned Whit
detvof mansianghter in Green
county. -He killed Wmn. Gary.
pardon was rec~:mmendied by the
ge, members of thzejiury anda num
of citizeos..
A Dispenser Short.
special to the News and Courier
a Laurens says: Expert Serpuggs
~sigated the local dispensary here
closed it up. A shortage of $1,500
portd, and a new man wi!.f be
BARGED WITH CONSPIRACY.
teCommssIoner Mixson and a Con
stable Arrested.
Lt Columbia on Wednesday morning
interesting legal move was made in
matter of the dispensary law. State
nmissioner isison and Liquor Con
ble Beach were arrested. The pro
dings were made undei- the special.
spiracy act of Congress, 'which was
rred to in the Debs case. They
arrested upon a warrant sworn out
two leading citizens, Messrs.Muller
Beck, before United States Corn
sioner Reid, of Newberry. They
e charged with conspiracy to violate
special interstate commerce act of
0 in seizing some beer belonging to
complainants. The c~mmissioner
>issued a warrant for the search and
sre of the confiscated liquor. 'The
ioners were taken up for a prelimni
y hearing. Dr. Pope appeared fot
complainants, and asked that they
bound over for conspiracy. The.
istant Attorney-General told the
luty marshal to consider the seized
perty in his possession for the pure
es of this case.
h State maintains thai the defen.
ts cannot be held cri'iinally~ liable
[er this act of Congre.,s.
'he hearing was concluded at the af
ioon session, Dr. Pope and Judge
asend both making lengthy
ehes, the former arguing that the
missionr had jurisdiction and the
er denying it.
)r. Popei's speech was a spicy one
Scommissioner decided that the de
dants were in contempt of JTudge~
Lontons order of injunction, whkiet
said, was no.w the law. and boundl
:son over to appear before trial at
November terra of the United State. .
trict Court in the sum of
)00, making the constable's bond
r half that zimonut.
Breaks is Arm in Throwing.
Tilliam H. Soper, a '96 dental student
n Greenburg. Wis., met with a curious
ident on the baseball field at Ann Arbor
:h. He was playing in a class game, and
aking a throw home from the outfield
'e his arm a jerk that broke it near the
Lt. The doctors are much puzzled as to,
r the fracture could have occurred.
The total consuu.ption of cotton in
Sworl is 12,00,00 bonales a yer.
HARMONY IS ON TOP
he Peace Faction is Winning in the
Fight.
A dispatch from Columbia says.
aurens county isthe fourth couMtyto
Lke action in the direction of "peace
Ad harmonv." The executive com
ittee of that -county has passed resol
tions recommending that such dele
%tes be sent to the constitutional con
ention as pledge themselves to sub
it to the.will of the majority ,of the
hite voters of Laui ens county, with
at regard to their past . factional
Since Senator Tillman has advised
ie democratic executive committee of
agefield county to see to it that the
elegates to the convention be divided
jually between the two factions, all
oubt as to his pasition has been re
toved. Before he so advised it was
snerally noised abroad that he would
ick out of the agreement made at the
[enipbill-Barnwell conference. His
2tiou has given much strength to the
peace and-harmony" faction, and the
ghting element has been put very
inch on the . defensive. There are
:me who say that this element:ii to
o much talking to keep its courage
p, but there is no disguising the fact
at it is backed by fighters of. ex-.
erience with goodly numbers of
oters behind them. Richland coiquty
considered the headquarters of the
ghting element, but many of the lead
ag politicans of the country, among
emSenator Sloan and representatives
'atton and Weston, have signified
ieir intention of coming to some
quitable agreement with the refor
ers.
Camden's CottOn M.lL.
The Charleston News and Courier'sa
orresnondori at Camden writes as
ollos : About three years ago~the
[ershaw Conuty Manufadtaring Com
any was orga\ized with a capital of
100,000. The'MacRae: place, -about
wo and a half miles from the city, on
vhich is one of thesest water powers
o be found anywheit. was purchased,
md the erectio 4f, a mill building
mad the construcion of a canal were
:ommen.ed and pushed to a success
ul completion ;At a coast of about
$80,000.
At a recent meeting ol the board of
airectors -it was determined to issue
bonds to the amount of $125,000 and
to mortgage the entireplant and prop.
rty of-the compiqy. to .secre the
lebt. -. This was-sanceessfully aeompy
5hed by the enfergeticpresident, Dr. .
. Zemp, the two loca banks ese
taking $12,500 of Londs.
PresiQgt Ze~mp haa ust ret, su
from a triNoith Where he.placi Sfl
rder 'wi-".Y-New Engaud?1;JE"
ivery in August. He says 1that, the
mill will be fully equipped and in op
eration by the latter-part of Sptel
be. The mill will have a capacity of
10,000 spindles and-300 looms, and
will manufacture 40-inch ffne goods.
The Camden Press Brick Company,
a corporation organized'about two
months ago, with a cyspital stock of
$10,000, for the purpose of manufac
'L~ng press and ornament brick, has
its p osition and- began .work
on Monday.
-The Five Gallon R
A dispatch from Columbia
The complications which seem to re
slt to the claimants oc.certain liquor
over the agreement. of the State and
the internal revenue office are being
gradady explained away. It appears
that there ivas a misunderstanding.,as
to the ofilial' position of Deputy
Richardso and his positionia regard
to certain shipments. -He explains
the status by statingthat under the in
structions received from 4the . com
missioner of inter:.l revenue regarding
seizures made by State conlstables of
packages of distilled spirits containing
less than five gal.ons of fermented
spirits that are slapped uiidr some
other name than that known to the
trade is as follows:
'nternal rivenne ofyl:-.fare.dire~ted not
te intercerc 'wt'aaieste aefao
to believe that the spirits contained in the
packages were notdawn fromi origind~l tax
paid packa'es. Also. .wheni packages- con,.
tihin live gallensqad upwards,. anid .are not
tampd, the G..vernmient clairas the tight to
take posession of same." As requested I
herewith inelose-a copy og-Seoetion 3,449,
Revised] Statutes: - ..
"Whenever any person ships, transports
or fem"v-eS any spirituot's oc ' ermented
iquor or wineOs under "arry othibr 't1ha 'the
pro'per name or brand krio''vzi o the trade as
desguting the kind and quality of the con
tents ot 4the en.sks or packages conlamning
same. or causes such act to be done, ho shall
fqreit sa3id liquors or wines and casks or
packages and be subject to pay a fineof five
huned dollarks."
So .it will be seen under what law
the Federal- Government seizes the
packages of this class.
-Under the agreement between the
detmeot ansl the dispensary in
ases where the package is less than
five gallons thec liquo~r is tui-ned over to
the State, and in casds where the tax is
ujaid' and the ainonuit of* liquor, is
five gallons~orovei it goes t'o the Fed
eralautiintes'.
The New P'arniament
The new1(orim'anariamnent .pened with
more than usual display. .The Queen was
enthiatically dheered .upokvhe& 'arrival.
All the minisers, a large um fw eas
Smd the entire diplomaiccorp~~esent.
The King's spede~h apnel"ed --p~ejatriot
Ism of the mnembers-of all-parties.to, assist in
epeiditng :the budget, -ad~prefeized the'
pa ut.omhiane metdods. 'ffblievedia
ta.pliyof love. before force of iin,-and
t nune e ing m reobetk
T Sj onszana nyier 3(en.
Thoe ltun ogthe -frog siiver,.ampaign
in Luisian was.ta at: No Orleans when
the Bimetallie Conventda was opened in
Wjsngton Vtillery jgZ.U.fhe ilt was
thb ormation of the Iioumsiana tietahieo
League, which-has undertaken .6'anz
the silver forces-of the Smspior'~ U The -
conveiion consjsted 60 25D):4e'ies of all
parties: State and city5%~l hastened to
deard~ their allegilipe, to t.. ' '~stand
ird. CleeadadarliseWeeu~ced

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