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The Newberry herald and news. (Newberry, S.C.) 1884-1903, January 16, 1903, Image 1

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STABLISHD 1865 NEWBERRY, S. C.ARY 16, 1908 C WK A YEAR
MR. MENDEL L. SMITH
ELECTED SPEAKER
RBCBIVIUD AN ALMOST UNANIMOU;
VOTB MONDAY.
Organization of Lower House-There wa,
no Other Bu3Iess Attended to, the
House Adjourning Out of Re
spect to Judge McIver.
[The State, 14th.]
The house of representatives wai
called to order at noon yesterday b3
Col. Tom C. Hamer, clerk of the Iasi
house of representatives. Hon. Alta
mount Moses was chosen temporary
chairman of the representatives elect
Mr. Moses was temporary chairman
of the organization two y ars ag<
and is a very fine presiding officer,
He has had a longer and more varied
legislative experience than any othei
member of the house of representa
tives.
The members elect presented them
selves before the speaker's desk and
were sworn in. The roll of countieE
was called and the members.elect
presented themselves by countieF
and laying their hands upon the
house Bible took the oath of office.
They then subscribed to the roll of
the house and were duly qualified
representatives of the State of South
Carolina.
Nominations for speaker being in
order, Mr. B. A. Morgan of Green.
ville, secured the floor and nominated
Hon. M. L. Smith of Kershaw county.
This was seconde I by Mr. Whaley of
Charleston, Mr. Efird of Lexington,
Mr. Lancaster of Spartanburg, Mr.
Richards of Kershaw and others.
Mr. Gaston of Chester, put in
nomination the name of Hon. T.
Yancy Williams of Lancaster. This
was seconded by Mr. Haile of York,
Dorroh of Greenville, Mr. Moses of
Orangeburg and several others.
There were 118 votes cast, of which
Mr. Smith received 97 and Mr. Wil.
liams 21.
Mr. Smith was escorted to the
chair by Messrs. Morgan, Patterson
and Efird and after taking the oath
of speaker, addressed the house.
SPEAKER SMITH's REMARKs.
Gentlemen of the House of Repre.
sentatives:
I would be unmindful, indeed, of
the promptings of a truly thankfu,
heart, should I fail to make my first
tterance in the position to which
,you have so kindly elevated me, an
., expression of deep and lasting grati.
:tude for that most highly distin
!Muished honor.
* Human life and conduct have al
4ays been, and will ever continue to
~~Ie, influenced and controlled by many
ootives and ambitions. In an at..
,to:npt to serve one's State and people,
Aioblhgation from which the hum
bilest citizen cannot escape, however
rude, imperfect or unsatisfactory the
,attempt may be, there is no motive
or ambition more commendable, more
Sfundamentally right, or more pro
?ductive of legitimate rights than that
which strives to win th"ir respect,
esteem and con lidence, save that,
perhaps, which, in a broad spirit of
appreciation, and the unswerving
devotion and unselfishness wvhich it
begets, seeks, by all honorable means,
to retain them.
If I am justified in entertaining thi
belief that the kindness of your par
tiality which has so signally honored
me, is to some ext cut, at least, at
evidence of the former, then before]
shall attempt to discharge the im
portant duties which it imposes, the
*hope must be indulged and will b'
continually cherished, that by
faithful and consistent e'ffort, I ma:
be permitted to carry with m.
through life the consciousness of hav
*ing enjoyed the latter.
Yes, gentlemen of the house o
representatives, to preside over thi
deliberations of this hody--th,
chosen, trusted, and comumissione<
representatives of a truly grea
people--great in character, great i
achievement, great in tradition, an<
far greater yet in history-is n,
mean honor to seek and the delega
tion of that right no indiffe.rent tras
When I reflect upon the brillia'
of those who have preceded me here
the apprehension which follows,
promise you shall only serve to in
tensify the hope that after its dutiei
aid responsibilities are laid aside
that of the effort, you may say, it
was conscientious, that the conduct
s was fair, courteous and impartial
and that the mistakes were honest
If that shall be your verdict, ther
the obligatioD which you place mE
under in your selection shall only bE
increased by your own generous esti,
mate of its wisdom. Let us work to
gether, for the prosperity and glory
of our State. To this end may i
Divine Wisdom and Providence guidE
and direct us. I desire to agaii
thank you for your distinguished
consideration.
Col. Tom. C. Hamer was reelected
clerk of the house and was sworn in
by Speaker Smith. Col. Hamer ii
now entering upon his third term
and is personally very popular with
the members.
There were three nominees for ser
geant at-arms, Mr. J. S. Wilson, of
Lancaster, Mr. W. K. Grant, of
Greenville, and Mr. Geo. W. Asbill,
of Leesville. Mr. Wilson received
84 votes, Mr. Grant 21, and Mr.
Asbill 14. Mr. Wilson was declared
elected and was sworn in. This is
his second term.
Mr. John S. Withers, of Chester,
had no opposition of reading clerk,
an office which he has filled with
great acceptability for twelve years.
Mr. Withers is a very useful mem
ber of the speaker's staff.
The house adopted a resolution
presented by Mr. John P. Thomas,
Jr., granting the use of the hall to
the State Bar association for its an
nual meeting Thursday night, Fri
day afternoon and Friday night.
On motion of Mr. Morgan a com
mittee of three waited on the govern
or to inform him that the house was
organized and ready for business. A
similar message was sent to the sen
ate. The governor submitted 14
messages-his annual message, 12
messages submitting reports of State
officers, etc., and one announcing the
death of Hon. Henry McIver, chief
justice.
The house concurred in the senate
resolution to appoint a committee to
attend the funeral of Judge McIver.
The speaker appointed Messrs. T. Y.
Williams, of Lancaster, John P.
Thomas, Jr., of Richland, J. O. Pat
terson, of Barnwell, Wm. L. Maul
din, of Greenville and R. S. Whaley,
of Charleston, Mr. Williams was
excused on account of physical dis
ability and Mr. Alamont Moses sub.
stituted.
The house, on motion of Mr. John
P. Thomas, Jr., then adjourned until
today at noon in honor of the de
ceased chief justice.
WAS D)ROWNB IN~ THE CONGA1UBB.
A Negro Boatman Loses His Life Ferry
ing a Hog--The Latter
Swam to Safety.
[The State, 12th.]
News reached the city yesterday
of the drowning of a negro in the
Congaree just below the Southerrn
railway bridge not far from Forte
Motte. The negro was the assistani
to the bridge keeper and had started
across the river in a small boat carry
ing a goodl size hog. The hog wai
in one end( of the boat and he in thei
other. When the boat got about
midstream where the water wai
swift he was seen to go to the othei
end of the boat. An instant latei
the boat"kickedup," and turne I over
spilling man and hog into the stream
The negro held to the boat a fey
moments, and then released it an<
Sbegin to swim, He had gone onl:
a short distance when he sank. Thi
Shog, however, began to swim fron
the first and got to the shore saving
his bacon. The body of the drowne<
1negro had not been recovered at las
taccounts.-__
ri Negro Voters Must Go.
o Mansas Olty, Mo, January 12.-s
-bill, aimed to disfranchise the negrc
t has been introduced in Missoum
Legislature. It provides that pom
4. sons must b)e able to read and writ
e in orer to vote.
CHIEF JUSTICE
M'IYER DEAD.
AN HONORED SON AND FAITHFUL SBR
VANT OF THE STATE.
The Justice Passed Away Monday After
noon at His Home, in Cheraw, at a
Ripe Old Age, Having Reached His
Three Score and Ten Six
Years Ago.
[News and Courier.]
Cheraw, Jan. 12-After a long
and tedious illness Chief Justice I
Henry McIver died at fifteen rin- i
utes past 4 this afternoon at his I
home, aged 76. The funeral ser- i
vices have been arranged for half.
past 8 o'clock tomorrow afternoon at
St. David's Episcopal Church here.
The Chief Justice leaves two sons.
and one daughter, Mr. Thos. P. Mc.
Iver, of Charleston; Senator Ed.
ward McIver and Mrs. R. C. Watts,
of Cheraw:
Chief Justice Henry McIver, son
of Mr. Alexander McIver and his
wife, who was Miss Mary Hanford,
was born at Society Hill, September
25, 1826. He moved to Cheraw
when quite a lad and married Carrie
Harrington Powe, daughter of Dr.
Thomas E. Powe, a large ante-bel
lum planter and ''rominent man in
this section, on June 7, 1849. She
died January 9, 1902. The Chief
Justice graduated at the South Car
olina College. On the death of his
father, Solicitor Alexander McIver,
in 1850, he was appointed by Gov
ernor Manning to fill his unexpired
term. Again, when Gen. Hanna
died, he was elected solicitor, and
was re-elected for several successive 1
terms, until the war began. He en'
tered the Southern army and was a
captain of a cavalry company in
Hampton's T egion. He was wound.
ed at Hawe'4 Shop.
He was elected Associate Justice
on May 19, 1877, and Chief Justice
in December, 1879, but declined,
when Governor Simpson was elected
Chief Justice. He was again elect
ed Associate Justice in 1883 and
Chief Justice in 1897, and never
missed a day from ourt until last
year, when he was a the bedside of
his faithful wife, who died on Jan
uary 9, 1902. 3. H. 0.
The following admirable sketch 1
of Chief Justice McIver's life was i
n'olished in the Anderson Journal i
of March 19, 1897:
Mr. Chief Justine McIver was 1
born about sixty-five years ago near <
the village of Society Hill, a corn- <
munity of many social advantages,
in the State of South Carolina. He]
was of Scotch ancestry, his great
grandfather, Rodrick, having immi
grated to this State shortly after the]
battle of Culloden. His grand
father, John E. McIver, married
Mary Ann Williams, the sister of
David R. Williams, for some time a
member of Congress and governor
of the State. His father, Alexan
der McIver, married M{ary Hanford,
the daughter of Enoch Hanford, of
Connect icut, the first professor of
languages in South Carolina College,
and was afterward a practicing law
yer of repute, in partnership with
his brother in-law, the late osiah J.
Evans, for many years one of the
Judges of the Law Court of Ap
peals of the State, and a United
States Senator, as the colleague of
Mr. Calhoun. It will be noted that
Mr. Chief Justice McIver camte from
a worthy and distinguished stock,
and is none the worse for having a
strain of the colder Puritan blood of
New E~ngland mingled with the
warmer temperament of Southern
latitudes. Evidence of this happy
connection is seen in the cool jndg
Jnont, warm manners and hearty
companionship of their distinguished
descendant.
In 1836 the father of Mr. Chief
Justice McIver, himself a distin
guised lawyer, removed to the old
town of Cheraw, where the son has
ever since resided, seeking no po
litical preferment, hnt devoting all
', the energies of his fine mind and su
-i perior attainments to his profession.
--Young McIver graduated with die
e tinction in a large class. To his
credit be it said he taught school
luring his college vacations, thuE
siding to defray the expenses of his
3ollege course, and to that extent as
iisting his father, who had a large
family depending upon him. After
graduating he commenced the study
)f law in his father's office, and in
December of the same year, by rea
ion of his superior endowments and
great diligence, was admitted to
ractice in the law courts of the
tate, and in the following year was
mrolled as a solicitor in the Courts
f Equity. As soon as he was called
A the Bar he entered into a copart
iership with his father, who was
hen the State solicitor or prosecut
ng officer on the Eastern circuit.
Shortly after the young practi
ioner commenced his career at the
3ar the health of his father became
o much impaired that he was un
itted to discharge the arduous du
ies of his office, and the son, as
is deputy, performed those duties
vith satisfaction to the public and
redit to himself until his father
lied, and the son was now appointed
olicitor by the governor to fill the
,acancy until the close of the next
ession of the legislature, the solici
or then being elected by the legis
ature, and not by the people as now.
kt the election Mr. McLver did
Lot becom a candidate for the of.
ice, yielding to one who, by reason
f his larger experience at the Bar,
te modestly supposed was better
itted for the position. Within a
hort time the new incumbent died,
eaving again vacant an unexpired
erm, and Mr. McIver, still a very
roung man, was the second time ap.
>ointed by Governor Manning to
)erform the duties of the office un
il the succeeding session of the leg
slature, at which time he was duly
lected at the expiration of the sec
md term in 1857, 1861 and 1865,
iolding the lucrative office until
L868, when, under the reconstruction
ct of Congress, the entire Govern
nent was reorganized.
As we have said, the subject of
his sketch has always devoted him
elf exclusively to his profession.
3aving no taste for political life, he
ias never been a candidate for, or a
nember of, any legislative body.
le was chosen to represent his fel
ow citizens, without solicitation on
its part, in the Secession Conven.
ion, called by the State in 1860, and
n 1865 hr .,as again chosen to rep
-esent them in the Convention called
under what is now known as the re.
onstruction policy of President An
Irew Johnson: and to both he war
hosen without desire on his pai-t.
le was not prominent in the public
lotiberations of these bodies, but ar
member of their committees he
erformed his share of the delicate
md important work entrusted tc
hem. When the war that resulted
'rom the Act of Secession was be.
run, though having neither taste noi
urn for military life, he thougi t ii
is duty to defend the principles foi
vhich his State contended, anid un
ler a conscientious conviction ol
~heir rightfulness he entered the
urmy andl continued in military ser
lice until the close of the war, a re
ninder of which he today carries
ipon his person, having been so
verely wounded in battle twice ii
the same day.
After the close of this protracte<
and frightful conflict he found him
self without high titles as a soldier
without means, with a country im
poverished, with business at a stand
still, with the courts, the forum o
his ambition and success, closed; th
future aark, uncertain and well nig!
hopeless. But he0 did not dlespair
He wisel3 concluded that the onl
course was to submit, hopefully an'
cheerfully, to the inevitable. He ac
cordingly devoted the summer an,
autumn of 1865 to a careful reviei
of the law (his practice having bee
interrupted for four years,) an
when the courts were reopenedi
the spring of 1866 he fonna himse)
equipped at all points and fully pre
pared for the large and lucratis
practice that immediately flowedi
to him in the counties of Chestei
field, Marlboro, Darlington and Ma:
ion. It may be that he was out<
place in political and miary. lit
but at the Bar he was truly the mas
ter in his own domain. His address,
his bearing, his industry in the
preparation and the logical presen
tation of his cases, and his easy elo
quence, at once placed him in the
front rank of the profession. Hence,
when the State Government, in 1870,
passed once more into the bands of
the intelligent elements of society,
where, under any system of good
government it rightfully belongs, Mr.
Mclver came to his own. On the
19th of May, 1877, he was elected
Associate Justice of the Supreme
Court of South Carolina, to fill out
the unexpired term of Mr. Associate
Justice Willard, who had just been
elected Chief Justice to fill out the
unexpired term of Chief Justice
Moses then lately deceased. The
term of Chief Justice Willard as
Associate Justice would have ex
pired on the 31st of July, 1878, and
accordingly at the regular session of
the legislature, in December, 1877,
Mr. Justice McIver was unanimously
elected Associate Justice for the full
term of six years, beginning on the
1st of August, 1878. The term of
Chief Justice Moses, deceased,
would have expired on the 20th of
July, 1880, and accordingly at the
preceding session of the legislature
in December 1870, an election was
held for Chief Justice for the term
of six years and Judge McIver was
unanimously elected.
Now began a chapter in the life of
Judge McIver which must ever re
flect credit upon him as a man and
as an unselfish patriot. The right
to hold the election at that time was
strongly disputed by the then Chief
Justice, (Willa .1,) who claimed that
by virtue of his election as Chief Jus
tice, in May, 1877, he was entitled
to hold the oflice for the full term of
six years; to-wit, until May, 1883 and
that his tenure was not limited to
the unexpired term of his predecessor.
The Legislature, however, took a
different view, as the words of the
Constitution clearly warranted, to
wit, that Willard was elected and
could only hold office for the unex
pired term, and therefore the Gener
al assembly proceeded to hold the
election in December, 1879, to fill the
vacancy that would occur in the of
fice of Chief Justice on the 29th of
July, 1880. The election of Judge
Mclver as Chief Justice would, of
course, leave the office of Associate
Justice vacant at that date; and, up.
on mature deliberation, the conclu
sion was reached that the Legislature
had no power to fill the vacaincy at
that time-in advance-- which would
occur in the office of Associate Justice
when be (McIver) should accept the
oflice of Chief Justice, in August,
1880, which would then become va
cant under the theory upon whichi
the Legislature had acted; and that,
therefore the title to the office of
one who should then be elected As
sociate Justice to fill the vacancy 'oc
casioned b- Judge MdIver's accept
ance of the office of Chief Justice,
in August, 1880, might well b)e ques
tioned. The valadity of the elect ior>
as Chief Justice was beyond1 quies
tion, but the title of the person whc
should he elected in the place of As.
sociate Justico McIver would not
only be questioned, but would, in th<
opinion of the Attorney General, hr
questionable. T[his, of course, woulk
have embarrassed ver y much, if it har
not thrown an i nsuperable obstach(
in the way of the proper decision o
-the question which it was then Chioi
Justice Willard's intention to nmaki
as to his own tenure, ard which he
afterward did mnake, unsuccessfully
The practical question to Judge Mc
Iver was, whether he should, morell
for the additional honor and( emolu
-ment incident to the office of Chie
*Justico, expose the State to thle ha
v ardI of having its most coniservativi
element--the judiciary---at a mon
momentous crisis, disorganized, an<
its auth ority called in question.
f To such a predicamient there coub
-1be but one answer from ainy right
e minded, patriotic man and Judg
ni McIver was such a man. Accordingi;
'-he addressedl a letter to the Legisla
-ture declining to accept the office o
if Chief .Justice and the late Chief Ju
a, ticeSimpeon was elented in his stnni
Since that time,' to wit, December,
1889, Judge McIver has again been
re elected unanimously to the office
of Associate Justice for the term of
six years from the 1st of August, 1884
and on the lst day of December, 1901
Judge Molver was elected to succeed
Chief Justice Simpson.
Such is a brief outline of the life,
character and public services of Mr
Chief Justice McIver, who has in
every way adorned the profession.
In private life he unites the advant
ages of at imp. sing person, remark
able colloquial powera and genial
manners. At the Bar he pressed
home his causes with earnestness, elo
queonce and ability. On the bench
he is- at once dignified, courteou and
patient. Mr Chief Jnstice Mcl-'er
may be said literally to hear a cause.
He never interrupts counsel in argn
ment except brilly, and occasionally
to fix his own understanding of a
fact.. No matter how full the print
ed notes of the argument may be, he
rarely follows the printed page, (ex
cept when necessary for an author.
ity,) but keeps his attention fixed up
on the counsel engaged in presenting
the case. He never anticipates the
argument (as is often done) by sug
gesting difficulties, for he takes it for
granted that those will be met. and
overcome at the proper time and in
the proper place. He gives the same
earnest attention to the diflident
young debutanto that he does to the
venerable senior. To the younger
members of the profession everywhere
Mr Chief Justice Meiver teaches
that declamatory haranges to the
populace are not necessary to sue
coss; that political life to a lawyer
is often a snare and a pit fal'-; that
high character, with careful attention
to business, will load more surely,
step by step, to the highest rewards
of the profession.
KILLED BY A WOMAN IN MACON.
Fate of a Student in a Business College
who Said what he Thought About
a Woman in Another College.
Macon, Ga., January 12.-Mrs.
Eflio L. Carson, wife of a railroad
machinist, fornorly the wife of Ernest
Thompson, a printer, shot and
instantly killed Rtobert A. Rigsby, a
student in a business college here to
day. The tragedy took place in the
law office of Marmaduko G. Rayne,
an attorney to whom she had gone
for advice. She shot the man twice
in the head and once through the
heart. She emptiedl her revolver, the
other shots going wild. She at once
delivered herself to the shierif, going
across the street with the smoking
weapon in her hand. She was
promptly placed in jail, but wias
subsequently released on a bond of
$1,000. Th'e coroner's jury found ai
verdict of voluntary manslaughter.
Mrs. Carson wasH a teacher of tele
graphy ini another business college.
She charged that Rtigsby had circu
lated stories dlamaginig to her char
actor. She had gonie to the lawvyei
with a paper for Rtigsby to sign, ex
onorating her. T'he lawyer took the
paper to the college and submitted i
to Rtigsby,who declined to sign, bu
asked a personal interview. He
went to the lawyer's office anm
immediately asked the lawyer an<
his stenographer to stop) into the hall
The door was at once closed an<
locked. ini a fewv moments the shoti
rang out anid Mrs. Carson appeared
anoning that she had kijled thm'
Rtigsby was found on the floo
dead, with his own revolver near hi
right hand. WV hat occurred betweei
them is not known, excep)t an admis
sion by Mrs. Carson that he applio<
an opp)robrious epithet to hier.
Rtigsby was originally from Bow
ling Green, Ky., or a village noa
by, and is said to have been a mom
her of a family prominent there. HI
had conducted a business college i
Tampa, Fla., but had come to-Macoi
Ito complete his education, intendinj
to open another college in ,June. H
was ab)oit 25 years of age. lHe ha,
p)reviou*s to the killing booni thireat
end by members of Mrs. Carson'
f family. Her rmaiden name wa
-F'letchier and she was born non
Macon.
THE SENATE NOW
READY FOR BUSINESS.
ALL FORMER OFFICERS BLECTBD WITH
OUT OPPOSITION.
The Appointment of Committees-The Gov
ernor's Message Read- -Ao Bills
Introduced-A Tribute to
The Late Chief
Justice.
[The State, 14th.]
Promptly at noon yesterday Lieut.
Gov. Tillman called the senate to
order.
Every senator was present except
lion. Edward McIver of Chesterfield.
With this exception all the new rem
hers were sworn in and assigned to
their respective seats.
The roll of counties was called.
After prayer by the chaplain, the
election of officers was immediately
entered into and resulted as follows:
President Pro T1em-Senator John
C. Sheppard.
Clerk-Gen. Robert R. Hemphill.
Reading Clerk-Mr. H. W. Stew
art.
Sergeant.at. Arms--Mr. J. Fred.
Sehumport.
All of those were unanimously
elected without opposition.
There were four nominations for
chaplain: Revs. Dr. 0. A. Darby,
Walter I. Herbert., M. M. Kinard,
and A. J. Harrison of Hampton. A
vote was taken and resulted as fol
lows: Rev. Dr. Darby % 4; iiev. Her
bert 4; Rev. M. M. Kinard 7; Rev.
A. J. Harrison 1. Dr. Darby was
elected.
Senator Sheppard arose and re
turned his sincere thanks for the re.
newed mark of confidence and esteem
and for the honor conferred upon
him by his selection as president pro
tom.
NEW APPOINTMENTS.
The following appointments made
by Lient. Gov. elect Sloan were then
announced:
Assistant Clerk-I. M. McCown.
Journal Clork--Tillmnan Bunch.
Bill Clerk-Henry D. Butler.
Doorkeepers--J. R Ioulware, Jas
per E. Watson, J. F. Gooding.
Keeping of Committee Rooms
Jamas P. MoGorty and J. A. White.
Keeper of President's Room-.E.
B. Jenkins.
Pages-G. Duncan Bellinger, Jr.,
and Henry Jefferson Fetner.
Porter-Robert Adams.
Servants-J ack Pressley and Al
bert Nance.
Mail Carrier-N. 0. Pyles.
THlE PREsC5IDENT'sH ADDRESS.
After the new members and offi
cers had been sworn in Lieut. Gov.
Tillman called the p)resident pro telm.
to the chair and left the senate cham-.
be r.
Before leaving he announced to
the senate the sad information of the
death of Chief Justice McIvor, andi
paid a glowing tribute to the depart
0(d chief of the State's judiciary.
Het congratulated the State of
South Carolina on the great p)rogress
that she made in recent years and
spoke of the benefits we were now
reaping from the recent Charleston
expo~sition. He referred to Capt.
F. W. Wagoner of Charleston, as
'"the 0one who hbad (lone more than
any one else to advance the commier
cial interests of the S'ato. lie
thought the $50,000 aippropriate.d to
the exposition the wisest investment
3 the State had madl(e in recent years.
He congratulatedl the senators that
r none of their number had ht 0: Called(
9 into thle 'great uinknown realm"'
1since the last RIess0i and accounted
for the absent facea ais duio to the
hard fate of polities.
On muotion of Senator Sharpe a
committee of three, consisting Messrs.
r Sharpe, Sheppard and Bro.wn was
appointed to notify the governor
a that the senate was in session and
readly for business.
THEm oovERNORI's MEssAoE.
E3 A special messenger conveyedl to
i the senate the governor's annual
. message, which was read, many son
e ators following the reading clerk
a from the printed message which had
r previously been distributed on the
Concl,udaed on fourth pae

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