Newspaper Page Text
____.....hi enitb aubco
-1. o - - C T OCT BE 121
____ EWBERRY, S. C., T UESDAY, OCTOBER 12, 1897. TWICE A WEEK *15 ET
lt Patent Flour-..--........... $6
2nd Best Flour ........... 5.
Strait Flour .......................,.5.
Good Ordinary Flour.... ..$4.00Q5.
Sugar ................. ..... ..
R ICO ................................ . .
Coffe..... - . b.i.i.
V resent Laws.
Seial to the State.)
Charleston, Oct 9.-Judge Simon.
tontrendered this afternoon decisions
in;tWo;bf the dispensary cases which
were argued before him several
days ago. In both cases, the -St ate
wins a victory and the original
package starewwill*have to remain
In thelcse - of the Bailey Liquor
Co. against Constable W. G. Austiin
and others, involving the right of
conducting an agency at the town of
Greenwood, Judge Simonton decides
that Greenwood being a.prohibitio
town, Atul the sale of liquors bei
forbidfba by .both' the Legisla re
anditheordinanceu of the town, the
original package stow-efinnot be
maintbined. ufjudo Simonton do
e1lIthe dispensary law has not
repealed the previous acts against
the salW of liquors either in fact or
by implication and that the act of
the Legislature of 1892 and the or
dinance of the town are valid and
still in force. Judge Simonton
holds that liquor cannot be sold
even by the dispensary Without re
pealing the laws now in effect. The
act of the Legislature and the ordi
nance of the town council are lawful
exercise of the police power, Judge
Simonton decides, and the rule is
therefore discharged. -
In the case of J. Logan GibHov
against T. J. Iaariuon ar.d others,
Judge Simonton decides that the
town of Woodruff occupiesabout the
- same relation that.the town of Green -
-,ood does. In this case he holds
tlat the act of 1876 forbidding the
sale of liquor within three miles of
the Bethel Baptist church and the
Bethel academy is still' in force and
the rrlo. in this -case is also dis
The decisions are as follows:
The United States of America, Dis,
trict of South Carolina. In the
- Circuit Court, Fourth Circuit. In
Bailey Liquor Company. vs. W. 0.
Austin, A. V. Eichelberger and
J. A. Mays.
The complainants opened by their
duly authorized agent, an original
package store in the town of Green
wxood. They were offering for sale
in~ original packages ..wines,-whiskcey
aba-bre he respondents, State
constables, with others who were
acting under the authority of the
town council, closed the store and
- seized the liquors. A rule having
been taken out against them for this
seizure, they filed their rote.rn.
Among other things th'ey say that
the sale of intoxicating liquors is
forbidden in the town of Greenwood,
poth by act of the Legislature and
by an ordinane of the town council,
passed under the, authority of the
By the amended charter of the
town of Greenwvood (1i Statutes at
Large 225) the town council was in
vested with full power to make all
such rules, by-laws and ordinances
respecting the roads, at roots, markets
and police of said town ,as shall ap
pear to them necessary and -requisite
for the security, welfare, good gov
ernment u96d convenience of thie
same and /for preserving the health,
peace dgood order thereof. The
g,.power is conferred upon the
town.council of all towns of not less
than 1,000 nor more thap 5,000 ,in
habitants by A.A. 1896 (22 Statutes
at Large 07). This. last act was
passed pursuant to the plovisions of
the constitution of 1895, article 8,
section 1. The ordinance of the
town of Greenwood, forbidding the
sale of intoxicating liquors within
that town,- was passed in the exer
cise of this authority. In 1882 (18
Statutes at Large 1075) he Legis
lature passed an act forb dding the
sale of spirituous; and intoicating
lIquors within .the limits of the town
of Greenwood, or within two miles of
said corporate limits, except with
tha cnsent of 'tmo-thirdA.o he
. . voters of said town at. an
had for that purpose.
0. 1/ hs act, and the ordinance aboi e
ferred to, are both without doubt a
valid exorcise of the police power,
'and if not modified or repoaled by
subsequent legislation, must control
It is urged by the complainant
that the soveral acts of the Legisla
ture which contain what is known as
the d'sponeary law has in effect re
pealed all legislation whatever
theretofore existing upon the subject
of intoxicating liquors. They con
tend that there are no longer any
municipal communities in this State
protected by prohibition laws, and
that tlie' sale of intoxicating liquors
is or-can be. made lawful any where
ip-this State, the most stringent leg
-'islation to the contrary notwithstand
None of these"cts in terms repeal
-the statutes forbidding the sale of
intoxicating liquor in various locali
ties throughout the State. If these
are repealed it must be by i:nplica
tion. Repeals of statutes by impli
cation are not favored and are never
admitted when the former can stand
with the now act, but only when
there is a positive repugnancy be
tween the statutes or the latter is
plainly intended as a substitute for
the former. (Chew Hoong vs. The
U. S., 112 U. S., 580.) The act of
1882, above referred to, is not limit
ed as to time. A perpetual statute
(which all statutes are unless limited
to a particular time) until repealed
by an act professing to repeal it or
by a clause or section of another act
directly bearing in terms upon the
particular matter of the first act
notwithstanding an implication to the
contrary may be raised by a general
law which embraces the subject mat
ter-is considered still to be the law
in force as to the particulars of the
subject legislated on. (United States
vs. Gear, 3 How., 120.)
The repealing clause of the dis
pensary act of 18906, the summary of
all the other acts (22 Statutes at
Large 123) repeals all acts inconsist
ent with that act. So far from be,
ing inconsistent with the dispensary
law, the act establishing the dispen
sary itself recognizes the existence
of this prohibiting act and of all
others of like character. It makes
an exception in the authority to es
tablish a dispensary in any part of
the State, of any county, town or
city wherein the sale of alcoholic li
quors was prohibited prior to July 1,
1898. In such cities, counties and
towns no- dispensary can be estab
lished except with the consent of the
qualified voters voting at an election
to be ordered on the petition of one
fourth of them. Until this is done
the prohibition is absolute. In the
act of 1882, prohibiting the sale of
intoxicating liquors in the town of
Greenwood, a provision essentially
similar in principle is made. No
intoxicating liquors can be sold in
the town of Greenwood except with
the consent of the qualified voters,
voting at an election called for the
purpose of ascertaining their wishes
on this particular subject.
This being so, the act of the Leg
islature of 1882 is still of force. The
ordinance of the town council is a
Under the law as it now stands, no
one, whether representing the State
or a private person, can lawfully sell
intoxicating liquors in the town of
Greenwood. So far as that muni
cipality is concerned, Intoxicating
liquors are not an article of com
merce. Under the provisions of the
act of Congi-ess of 1890, commonly
known as the Wilson act, intoxicat
ing liquors coming into the town of
Greenwood are subject to all laws
and ordinances passed in the lawful
exercise of the police power. The
act of the Legislature ini question
rmd the ordinance of thie town are
the lawful exercise of the police
The rule is discharged and the
bill Is dismissed with costs.
CHAnLEs H. 8IMONTON,
Oct.9, 197. Circuit Judge.
The Umited States of America.-Dis
trict of South Carolina-TIn the
Circuit Court, Fourth Circuit-In
J. Logan Gibson vs. T. J. Harmon,
The complainauts, non-resident of
South Carolina, opened an original
package store In thS town of Wood
ruff,. conducted by their agent duly
authorized thereto. They exposed
for sale therein intoxicating liquor
in original packages. The respond
ents, some of them State const.ables,
and others acting under the munici.
pal authorities of said town, seized
the liquors, closed the store and
prosecuted the agent of the com
A rule was issued against respond.
ents to show cause why they be not
enjoined from proceeding farther
They have filed returns and. for
cause among other things show
that it is not lawful for any one to
sell intoxicating liquors in the town
Woodruff is a flourishing town on
the Charleston and Western Carolina
Railroad, having church-s, one of
which is known as Bethel Academy
The town was incorporated first in
1874 (15 statutes at large, 1874.) In
1870 (10 statutes at large, 151) the
legislature of South Carolina passed
an act to prohibit the sale of
ardent spirits within three miles
of the Bethel Baptist Church
and Bethel academy. This act has
no period fixed for its duration.
In 1887 Woodruff was again inoor.
porated (19 statutes at large, 1121)
with a new and full charter. No
power whatever is given to the town
council to authorize the sale of spir
ituous liquors. This is studiously
Tho act of 1876 is one of the very
many acts of similar character, pro.
tecting church and the congregation*
worahipping therein from the danger,
annoyance and insult resulting from
the proximity of saloons and the
sales of intoxicating liquor, in their
immediate neighborhood. The in
tention of the legislature to repeal
them must be declared in language
plain, direct and not to be dubted.
The complainants contend that the
dispensary acts effect this result.
And that the act of 1870, above
quoted, is no longer of force.
For the reasons given in the
opinion in the Bailey Liquor company
vs. W. 0. Austin et al., just filed,
this position is untenable.
This -ct of 1897 is without doubt
a lawful exe'rcise of the polic, power
for the sale of intoxicating liquors
within three milesof the Bethel Bap
tist church and the Bethel academy,
covers all the town of Woodruff. It
is made effective under the Wilson
act against all persons whomso
The ruie against the respondenta
is discharged and the bill is dis
missed with costs.
CHAnLRs I*. SIHoNTON,
Oct. 9, 1897.
This result was generally expect
CIJ1LL & F3VER
An Ancenit P'rayer.
[lFrom Household WVords.]
Old John 'Ward, who was pilloried
by Pope in the "Dunciad," and who
actually stood in the pillory in the
year 1827, when he was said to have
been worth ?200,000, was, neverthe
less, a pious man. He had large
estates in London and Essex, and
did not omit to pray for their welfare
in the following manner: "0 Lord
I beseech Thee to preserve the two
counties Middlesex and Essex from
fire and earthquake; and as I have a
mortgage in Hertfordshire, I beg of
Thee likewise to have an eye of com
passion on that county; and for the
rest of the counties deal with them
as Thou plaest."
THE FARMERS' COLLEGE
CLEMSON's NEW PItI4DUNT, REV,
H ENItY S, IIATTZOO.
Inducted Into Odaee-Inaugural Addres.
High Apprecaialon of the leponIbill.
the and Dutle4 of the Ofdc4-A
oraud Educational Platforan.
(Special to The Register.)
0lemson College, S. C., Oct. 0.
The now president of Clemson
College, Rev. Henry S. Hartzog, ar
rived here yesterday afternoon, to
assume the duties of his offlce. Ao
cording to his own request, the in
augural ceremonies were informal.
This morning, after the chapel
exercise, Col. M. B. Hardin, in his
usual pleasant style, introduced the
newly elected president and wel
comed him on behalf of the faculty
and students of Clemson College.
President Hartzog replied sub
stantially as follows:
~ "I realize the grave reoponsibility
that resta upon me, and I fool the
need of the hearty co-operation of
the students.. Down in the secret
infoldings of your hearts is burning
a desire to make Clemson the fore
most college in the South. You
have it in your power to gratify that
ambition with an enthusiastic faculty,
selected from the beat talent in the
United States, with buildings and
equipments to satisfy every demand,
supported by a generous legislature,
guided by faithful trustees, idolized
by a confident 'patronage, the re
sponsibility for the future rests
largely with the student body at
"The world will judge Clemson,
not by its proiisos, not by its cata
logues, but by its fruits. Young
gentlemen, you will go forth as liv
ing epistles road of all men. If you
go as scientific farners, to convert
bleak hills into blooming fields; as
skilled mechanics, to -harness the
laughing watozs and turn the wheels
of industry; as soldiers, competent,
should it become necessary, to lead
our people into reluctant but right
ful war; as scholars to guide the cur
rent of modern thought-the mis
sion of Clemson will be justified.
"I have an abiding faith in th.
young men of South Carolina. I
am-firmly persuaded that the Clem
son cadets realize their noble op
portunity. I would have you feel a
proprietary interest in the welfare of
Clemson. I would have you feel
that the success of Clemson means
your success in life, aud the failure
of Clemson means your failure in
"In my educational platform are
three main planks.
"In the first place, I favor every
thing that conduces to accurate, com.
prehensive scholarship. Learning
is the chief business here. Lord
Brougham has said: 'An educated
man is one who knows something of
everything and everything of some
thing.' At Clemson a broad found
ation of general knowledge is laid,
and on that is erected a superstruct
ure of special knowledge.
"I favor everything that promotes
bodily development. I heartily sym
pathize with the military feature,
because it is a means to an end. I
stand for college athletics, but with
this qualification: Athletics should
never trench upon the serious and
sober work of the college.
"I favor everything that tends to
promote the spiritual interest of the
college. Character is the ultimate
object of education. Christ is the
'condescension of divinity and the
exultation of humanity.' Character
based on that Christ is lasting. In
derision, an inscription in Latin,
Greek and Hebrew was p)laced over
the crucified Redeemer. That in
scription read; 'This is the king of
the Jews.' The Romans wore the
exponents of brute force; the Greeks
of mental force; the Hebrews of
spiritual force; and Jesus Christ is
the perfect exponent of all-King of
body, mind and soul.
"Young gentlemen, there is my
ideal. When these magic words,
'Clemson Graduate,' are stamped
upon the brain, I would have him
stand before the world a king of
body, king of mind, and king of
"Permit me to acknowledge the
debt due my distinguished predeces
sor, Mr. Craighead, who guided the
institution through the perilous
period of organization, and to Prof.
Hardin, who has shown a master
hand for the past few months. I
come not as a revolutionist, but a
co worker, to carry on the work. I
come to consecrate hand and heart
to Clemson." (Applause.)
1RANTINO HIKlt PiViLEURS.
A )Decision Wit Don Not Decide is non1
dered by the Supreme Court lu a Case
Isavolving a Question of treat luipor
tamov to the People of the State.
Columbia, October 7.--The only
hope of getting an early decision on
the -ight of the State board'to grant
beer privileges was in the Lanotto
Smith case. The Supreme Court
has decided that case, but has not
determined the right of tho State
board to allow thone privilogus, but
let t*e case go off upon a question
of jurisdiction. The issue was wheth
er Judge Gary could comnpol Magis
trate Smith to issuo the warrant
against the beer privilege agencies
upov the affidavit of Mr. Lamotte.
In delivering the opinion of the
Cour it Justice Jones holds, in the
main, that these were applications
for vrits of mandamus to compel J.
M. 8mitb, as a magistrate for the
city >f Columbia, to issue arrost war
rantt of seizure under Section 22 of
the Dispensary Act against John C.
Seegers in one case and Charles Na
rey in the other, charged with the
violation of the said Act. The two
cases for convenience were heard to
gethor. They wore heard by Judge
Gary, Judge of the 5th judicial cir
ouit, at Chamberp, in Newborry, while
holding the October term of Court.
for Newberry, in the 7th circuit.
This is an appeal from his orders is
suing the writs commanding James
M. Smith, as magistrate, to take the
affid.vit of the relator and issue the
warrant as prayed for in the peti
tion. The first question presented
is whether Judge Gary had jurisdia
tion to hear and determine such ap
plication for mandamus at Chambers
in the 7th circuit. These causes
arose in the county of Richland, in
the 5th circuit, of which Judge Gary
was Judge, and when the writs were
issued Judge Buchanan was holding
Court In the 5th circuit. Judge Ga
ry, sitting as a Court in the 7th cir
oult, would havo no jurisdiction to
hear and determine an application
for a mandamus arising and triable
in the county of Rlichlaud, in the 5th
circuit; therefore, according to the
cases quoted in the opinion, be would
have no jurisdiction to hear and do
ter mine such application at Chamn
be In the 7th circuit. The fact
that he was Judge of the 5th cIrcuit,
wherein the cause arose and was tri
able, cannot alter the question, since
he did not exercise the Chambers
jurisdiction of the Judge of the 5th
circuit within the 5th circuIt. Hav
ing came to the conclusion that Judge
Giaiy was without jurisdiction in the
premises the other questions pre
sented are not considered, as they do
not properly arise. The orders ap
pealed from are reversed and the
Justice Gary, In a separate opin
ion, fully concurs with those of Jus
tice yones, though arriving at his
conchl'ions in a different line of ar
TShis Old, ()outsry.
Trhis ol' countr-y, fura an' fr-ee
Good enouigh for you an' met;
Or . ot an' dry~
Nuthin' over- lays hier by!
Har-d times come, and hard tlimes go
Sunshilne tangled up in snow;
Rlain or shine,
S3he's right In line
TVake.hor- every time in mneu!
Don't she do her level best
Shake the blossoms east an' westy'
Cr-owns the land
With har-vest grand
Hhe's the country, fur an' fr-eo
Good enough for you an' ume;
Or hot an' dry
Nath in' aver lays he. by!
014101NAL PACKAGE CITY TAX.
Greenville will Collect gsot) trou Payne
Simaons .and Shut Up Any Original
Package Store that Iaetune to Pay
[News and Courier.]
Greenville, S. C., October 9. -The
city counll, by its action yesterday,
seems to have tamed the monied
original package dealers. To day
J. E. Payne and Marion Simmons,
the largest doalors, notified the may
or of the city that they would com
ply with the tax ordinance, and on
Monday will pay the two hundred
dollar license as required by the or
dinance. The payment will be made
These doalors desire to avoid ox
pensivo litigation, having paid all
fees to date for suits, and as there
is a similar ordinance at Newborry,
which is -ontested, they will take
their chances on the Newborry con
On Monday council will proceed
against all original packago houses
failing to -omply with the ordinance,
and close ihem up. This will give
Payne and Simmons a monopoly of
the original packago busiinoss, and
they can well afford to pay the tax.
In this connection it in intoresting
to comparo the Groonvillo dispensary
business f.r September, 1890, and
September, 1897. Ai examination
of the dispensary books mado today
shows thu following figures: In
September, 1890, when there wore
no original package storos, then
the profits of the East End dispon.
sary amonAted to $442 53, the ero
port for Septonbor, 1897, since the
original p.ckage stores have been in
operation, shows a dead loss of $1 7-1.
That is. the diponsatry did not, soll
enough liquor to Iay OXI)eIsO aMid
lost. $4 75.
And this iu the bost managod dit.
penary in the State.
I-LAUMN IN WAHIJINION.
lie Visits t,he WhIto 1 uum 1 inel fite lo
piarltnl In the Itatorumt of ilm emn
I.Special Newis and Courier.]
Washington, October 8.-Snator
McLaurin arrived here today to so
cure a house for the winter and look
after the interest, of his constitutents
in the various departments. lie
called at the White House and was
cordially received by President Mc
Kinley. It being Cabinet day, the
President suggested an appointment
for tomorr-ow, when the Senator will
have a better op)portunity to discuss
certain matters of local interest.
From the White House Senator
MeLaurin went over to the depart.
mont of State to see if he could so
eure the retention of Malcomn John.
stone as consul at Pornambuco. As
sistant Secretary Day informed the
Senator that Mr. Johnstone's suc
cessor waLs aIppoinited, arnd comumis
sioned, hence Mr. .Johnsltoleno must
Sonator McLaurin also saw Ad
miral Matthews relative to the work
onl the Port Itoyal dry dock, and he
afterwvards went to the Post ollice de
partment to look after sonmc postal
matters. 1B. M. ,L
[ Philadelphia Press.]
It in a sadt result of the wvorse sidoe
of human nature that the older and
the more deccrep)it a veteran with a
pension ma:y be the mor-e likely, in
many casesi is some woman to be
found willig to marry him in order
to establia a claim to a widow's
pension.- The revolutionary wido1w
has only j'1t left us. .Juld'gir by
lher- pciernf ial vitality the country
may be pay inmg penisionis to idiows of
the last wvar,in 1987. Sixty or meventy
years ago the shameless marriage of
revolutionary veterans by women
with an eye to -i widowv's pension
was a public scandal. It should be
prevented bet in1es for the last war.
C'omimssioner Evans has proposed
a most important reform, and (Con
gress will have the support and1 ap
proval of the conntry in putting it
into nronmt eaeuin.
A NEW MEIT10 Of .60VA3MNING Tiu
More Iha a Thousand Prs"cherm A,ed ta
Give their Viewo and 1hip Vie*k of their
Vougregations u sh-84koeise ba the
"uouess' of the Dispensary as a
Tsuperancee Iaatttation, and s
to the Itelative Merits of
asad High Luense.
Columbia, October 8.-Governor
Ellorbo has gone to the ministers of
the Stato for an expression of Rao
tiient regarding the liquor tralo.
He aSks the ninleters of the State
for the expression of "your people"
upon the dispensary law, prohibition
and high licenst, under the consti
It will not be in the leat ur
prising, and it would appear to be
altogether in reason for the exprtm
sion of the ministers of the State to
be in favor of prohibition. It is
a kadwn fact that in the Methodist
Chruch, for instanco, perhaps not
un11der tho Church diroetion, but as a
collateral work, tho temperance
work has boon going on for some
time and the mmnisters of that de.
nomination have boon chief in the
At all events Governor Ellerbe is
having a circular letter sent to every
minister whose addros he con secure,
in which these questions are asked.
The following is the circular letter
being "ent out:
Columbia, October 1, 1897.
Dear Sir: The following questions
are submitted to ministers through
out the State, for the purpose of as
cortaining the sent.inent and opinion
of Christian citizens with reference
to t ho dispens ry law.
Please ans tr each question in
the space following it, and after
signing and stating to what denom
ination you hmlong and your post
office address, return this in the on.
velopa to the undersigned. Your
prompt attentio. will be approciatod.
Very respectfully yours,
NVILLIAM 11. E,LLun, Governor.
1. Has the dispensary iystem in
oreased or decreasoid drunkenness or
drinking in your Community; and to.
what extont, idicating your opiion
by percentage of increase or de.
2. What is the preference of your
people as betwoon (1) prohibition,
(2) dispensary law and (3) high
licenso, under the restrictions in the
Stato Constitution, and which is.
most pratcticable as a temperance
miensqure, under existing conditions?
In each of the letters there is en
closed an envelope on which is
printed tbo address of the GIo"ore.
'rho lists now inhand make up about
one thousand ministers and it will
take some litLIe time to tabulate their
Governor Ellorbe might aupple
mont the letters to the minister.
with one addressed to the mayora
and intendants of the various townma
and cities of the State and they may
bo able to give him some definite in
format ion as to the incr ees itl e.
crease in the number of esses for
(drunk and disorderly before them as
wvell as what they think of the op
eration of the dispensary law.
PaoFITrs oNa LIMMEBINo.
The State dispensary people have
heretofore beon constantly figuriag
what p)rofit it is making and how it
will do this and that, but they Bre
not doing so much figuring -just now
since the original package people
for a single month cut. Into the busi
ness of the dispensary ovar 985,000.
In making up the profits of the dis
pensary would it not be just as well
for the State to faco the music and
put down as one0 of its liabilIties the
rent that will most lhkely have to be
paid sooner or later for the building
now occupied? True, the matter is
now in Core and will probably re
main there fo: some time to come,
bat the chances are altogether in
favor of Mr. Wesley gaining posses.
sion of the Aguicultural Hall. This
is entirely independeat of the bond
case for the present.
Trho understanding is that Mr. Lylea
will make claiiw for $8300 a month
rent for the building now used by
the dispensary and there is no tel
ing what -the Courts will allow.
Anywvay it will be well to remomber
that the item of rent is a lability
that is not likely to decrease with