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LEE ?DIIHTY ORDERED TO HI
/ Judge Purdy Grants the ?pplica
t?(m for a Wnt of Mandamus.
S?penr?sor Durant Directed to Pay Over
ia Swater County the Amount Due
by Lee County.
Judge R. O. Purdy has renedered
&js- decision in the case of W. H.
Seale, et al, va J. O. Durant, et al,
sud Has issued the writ of mandamus
to compel Supervisor J. O. Dnrant,
of Lee county to pay ever to Supervis?
or W. fl. Seale, ?f Sumter county the
?mount due by Lee county to Sumter
county. The decision, which is of
especial interest to the people of
Sumter and Lee counties, is given
herewith in full:
??ns is an application for a Writ of
Mandamus to compel the defendants
to pay over to relators the mount,ai
leged by the relators to be due from
Lee county as the apportioned in?
debtedness of Lee county, growing out
?fits formation from parts of Sumter,
Darlington and Kershaw counties, and
'which amount I find that they had re?
fused to pay, before this proceeding
TOSS instituted.
In the Act creating Lee county, pre?
vision was made for the appointment
of a commission to apportion the in
debtedness between Lee county and the
other three countie\; the langnage
used in said Act being as follows :
* * * " Which said Commission
shall divide and apportion between said
four counties the present lawful and
fcooa fide indebtedness of the old coun?
ties of Kershaw, Darlington and Sum?
ter, so that tbe county of Lee shall
bear its just apportionment of the whole
indebtedness of the old counties from,
which it has been formed, and also
any charges or claims which said
counties may have against the county
of Lee, for such transaction as may
occur between the date of the passage
of this bill and the nest general elec?
tion having regard to the amount of
unpaid taxes, due to the said counties
of Kershaw, Darlington and Sumter."
See Acts of 1903? page 1194; Section 12.
. The allegations of the petition are :
That this commission was appointed
and did apportion the indebtedness
and fix rise amount due by Lee county
to Sumter county at the sums named
in the petition, and to bear interest as
therein recited ; all of. which will he
more fully noticed hereinafter.
In this petition a- rule was issued,
requiring the respondents to pay over
toe money to Suinter county or to
show cause why the Writ of Man dm us
should not be issued.' The respond?
ents made roto rn to this rule, and
among other things deny that ?the in?
debtedness had been apportioned be?
tween the counties as required by the
commission, and deny that any Fe?
rnand had been made upon the re?
spondents for the sams named as be?
ing due to Sumter county, and allege
that the commission had never certified
in favor of the respondents; had not
fixed the amount due to Sumter coun?
ty; had not fixed the amount due by
Darlington county and that they had
not fixed the amount due "fo Kershaw
county; and set forth further that
they had.1 been endevoring to adjust the
matter with Kershaw county, but. to
far, unsuccessfully ; but from the best
information -obtainable, Lee county
would owe Kershaw, county not less
than four thousand dollars and per
^naps ns much as five thousand dollars,
and they-submit that under these cir
isumstances" the court has no?power
%o compel the respondents to pay any
. money;:to Sumter county, !
They also state in their ' return that i
they ^believe the allegations of1 the pe?
tition _as-"to' the\ indebtedness of the
county of Lee to the county of Sumter
?say be true, .but that such indebted
-5?SS feas"not fceen fixed bytlaw. It will
^oe noted-that the language of the act
authorizing the appointment . of the
commission is that "said com mission
sahl! divide and apportion between
said, four counties the present lawful
and bon fide indebtedness7'; whereas
_tfeejetition recites &n4 the minutes of
foe proceedings of the commission
%feow that after fixing the amcuct of
indebtedness as to all of the items ex?
cept the school claims and the claim
for the pro-rata shara of the chain
gssg outfit? these two items were left
by the commission to be adjusted re?
spectively by the Superintendents of
f Education and the county supervisors
of Lee and Sumter counties.
The matter can best be understood,
perhaps, by copying the minutes of
tile jommission io full. They are as
follows :
Columbia, S. C., July !4tb, 1903. ,
Meeting Tuesday held of the com-*
mission to settle the accoants between
Lee county and the various counties
y ont of which it is carved. Mr. T. H.
Gibbes presiding. Mr. L C. Strauss
was appointed Secretary of the meet
is*. Present: Mr. T. H. Gibbes,
Chairman; Messrs. Neill O'Donnell
and C. G. Rowland for Sumter conn?
ey; fl. G. Carridon,and N. A. Be?
thune from Kershaw county, G. F.
Garrott and T. C. Perrine for Lee
county, Robert Macfarlan and C. E.
Wellingfor Darlington coan ty.
Mr. O'Donnell requested thar the
account of Sumter be first taken up
and requested that Mr. L C. Strauss
be allowed to present same. Mr.
O'Donnell stated that at the pre lim i
?ty meeting held in Sumter, that
the date of the creation of Lee county
had been agreed upon to be February
55th, 1902, and the date of separation
should be December 10th, 1902.
The statement of the account claim?
ed by Sumter county was then
presented and considered in detail.
Mr. MacFarlan offered the follow?
ing resolution : Resolved that the set?
tlement sheet proposed by Sumter
county be adopted by the commission
as the settlement of the account be?
tween Sumter and Lee counties, sub?
ject to be credited for any error and
subject to a settlement of schcol
Steads, leaving settlement of school
funds open for settlement between the
counties. Lee county to have 30 days
from date to report any claims as to
errors in the settlement sheet and any
such report to be made to the chair?
man of the commission. Adopted.
Mr. O'Donnell offered the following
resolution, "Resolved, that Lee coun?
try pay to Sumter county interest on
her proportion of bonded indebted?
ness from February 25, '02, at 6 per
cent. Interest on ber proportion of
sote indebtedness at 6 per cent, from
February 25, '02, and interest on ber
proportion of expenditures as shown
on the statement from July 15, '02, at
7 per cent, t > date of payment. Adopt
The commission then took a rece*
from 2 o'cioock p. m. nntil 3.30 p. n
Tbe commission reconvened at 3. i
o'clock p. m. All prespnt
Mt. .O'connell offered following n
solution : Resolved that the credit <
; $125 allowed on the statement of Sun
ter county's account be stricken fro:
the account and not allowed, but tbs
Lee county be allowed credit for
proportion of said fund computed i
the same ratio that the indebtedne
is apportioned. Adopted.
Mr. O'Donnell offered following n
solution : That Lee comny be allowc
credit by Sumter county for her p-ropo
tion of the value of chain gang equi]
ment, as of date December 10,. 190!
in samerproportion that the indebte<
ness was apportioned, the settlemei
of these items to be made by the st
pervisors of both counties. That
ther equipment . owned on Deeembi
10, 1902.
Mr. . Carrison stated on behalf <
Kershaw county that no satement ha
as yet been submitted, but that th
Kershw county. commissioners won)
submit their account to the Lee com
ty commissioners and if they could n<
agree on the settlement, then the
would submit th e statement to tb
commission.
Mr. Parrott asked if this commit
sion had "authority to determine ho<
the indebtedness as ascertained, j
to be paid to tbe various countie?
The chair ruled that the com m issi o
had no such authority.
Mr. Macfarlan presented the clair
of Darlington county in writing. Mi
Macfarlan stated that Darlington an
Lee counties had practically agree
and that Darlington county owes Le
county $662.2a On motion of Mi
Garrison, resolved that the statemen
be approved and the settlement sub
mitted, confirmed and adopted by th
commission, subject to correction o
errors.
Resolved, That a majority of thi
commission be a quorum for th
transaction of business, provided eacl
county isf represented at such meeting
Resolved. That it is tbe sense o
this commission that the treasurer o
Darlington county should.be paid th
same compensation for preparing Le?
county books, that was paid to th?
treasurers of the other interestet
counties to wit : $100 00 for sah
Treasurer.
Commission then adjourned snbjec
to the call of the chairman.
t C. Stauss,
Secretary of tbe Meeting.
T. H. Gibbes, Chairman.
From the minutes it will appea:
that the county commissioners oi
Kershaw andJLee counties should en?
deavor to adjust their matter, anc
falling, then they would submit the
satement to the commission, and li
likewise appears from the minutes
that the commission fixed the status
of the counties between Darlington
and Lee.
The supervisors of education foi
the counties of Lee and Sumter, in
pursuance of the resolution passed by
the commisson, met and settled the
difference as to the,school claims, and
the amount found to be due by Sum?
ter and :Lee .county has been paid;
and the supervisors of the two coun?
ties agreed that Sumter county owes
Lee county on account of the chain
gang-equipment four hundred and six?
teen and 6-100 dollars.
The.petition goes further and alleges
that aa' Act of the General Assembly
was passed act its session cf 19C4, (see
Acts of 1904, page 590) authorizing the
County Board of Commisioners of Lee
county to issue and sell coupon bonds
of the county to pay the apportion?
ed 'indebtedness, provided that such
Ugjjtg should not exceed ten thousand
dollars. .. J be title of that Act is as
fellows:
"An Act authorizing the County
Board of Commissioners of Lee county
to issue honds to pay the apportioned
indebtedness of said county." The
recital preceding tbe enactment is as
follows:
"Whereas, provision having been
made in the Act establishing Lea
county, for the apportionment of the
indebtedness between- the said county
of Lee and the old counties from
which it was formed, and said provis?
ions having been complied with as
therein provided." In pursuance of
this Act, the County Board of Com?
missioners of Lee county did issue
and sell ten thousand dollars of the
bonds of the county and received the
money therefor and in their return
admit that they have it on hand.
In the argument before me, it was
contended in behalf of the petitioners
that they bad shown that the debt of
Lee county to- Sumter county had
been established, and it being admit?
ted that there was sufficient funds on
band to pay the same, the Writ ought
to issue'.
It was contended on the other hand ;
that there had been no proper ascer?
tainment of the amount due from Lee
county to Sumter county, in that the
commission had no authority to dele?
gate the settlement cf any matter to
any other tribunal, and that the coun?
ty superintendents of education and
the county supervisors could not fix
and adjust any amount which would
bo binding on the respondents, as it
was the duty of the commission itself
to fix these amounts, and Resides, it
was further contended that it was the"
duty of the commission to adjust and
apportion all of the matters between
the four counties and not between
each county separately, and that un?
til this was done there was no bind?
ing judgment on the part of the com?
mission which would affect the re?
spondents.
Unless there is a plain ministerial
duty to be performed, with the power
to perfcrm such duty, and unless
there be no remedy at law for the re?
lators, the respondents cannot be com?
pelled to act. In some cases, such
as suits for damages against the coun?
ty, suit can be brought directly in the
Court of Common Pleas, and in case
of ordinary claims against the connty
the parties having the claims must
submit them to the county commis?
sioners for their approval or rejection,
with the right to appeal in case of re?
fusal to approve.
In the matter now at issue, the
claims and rights of the several coun?
ties were not to be ascertained by any
one of these met nods, but a special
commission was appointed for the
purpose of aajasting ail the matters
netween the several counties, ana
while the Act speaks of aojusting the
claims between thc tour counties, yet
lt is, iu fact, au "ad ju trnent of the
relations of Lee county, either as
debtor or creditor, with each ol .ie
other thr?e counties.
The commissioners of Lee county,
as will be seen from the Act, having
nothing to do with the adjustmen
any of these claims.
It is made their duty, by the A
1904 to issue and sell bonds of 1
county, not to exceed ten thou
dollars, for the purposea of pying
apportioned indebtedness and tl
fore, the ?cts to be performed by 1
are purely ministerial in chan
and if the indebtedness has beet
portioned aud they have the mone
band, it is clearly their duty to
it.
Just at this point, the respond
contend that in any event, inasn
as it is manifest that the mone:
hand will not meet the claini
Sumte- county and of Kershaw coi
together, they cannot be require
pay either in full to the detrimen
the other, but that at most they
only apportion the money in hanc
these two claims.
There is no authority given in
Act to pro-rate the money to t
claims. If both claims had been pu
file and proven, and?the commissio
had apportioned ancLpaid each cl
a pro-rate, then their return to
effect, while it might not have I
in accordance with the Act, w(
have shown that they did not t
the power to pay the claim, had
role been issued against them to c
pel them to pay this claim in f
but they are not in this position,
while they have notice of the cl:
from Kershaw county which they
will amount to at least four and ]
haps five thousand dollars, yet t
say that this amount has not'been
ed. I do not find authority for !
position.
From the Svllabus in Hunter
Mobley, 26 S. C., page 192, it wo
seem, that they would have the ri?
to pro rate in case of a deficiency
funds, buc an examination of the c
does not lead to this conclusion.
In that case, the sheriff of Lane
ter county endeavored to obtain
preference for dieting prison?
claiming that under the language
the Act of the Legislature, be t
a right to such preference. The rif
was denied because it appeared tl
he had no such preference and tl
there were no funds in the treast
applicable to such a claim.
The Court says: "If at any ti;
there were funds in the bauds of i
county treasurer applicable to t
claims due the sheriff, then 1
remedy was by mandamus to corni
the county commissioners to iss
checks or their payment. "
The case of McLaughlin against t
County Commissioners. 7 S. CL, pa
375, was a petition to the Suprei
Court by Mrs. McLaughlin for a ma
damns to compel the county comm j
siouers of Charleston county to draw
check upon the county treasurer f
the amount of her claims there
specified against the county of Cha
leston This check was to be dra^
against the funds raised by speci
tax and specially appropriated by la
for the payment of certain audi te
accounts against the county, held I
her." "By an Act of Legislatur
approved December 22nd, 1875, (]
Stat. 610, Sec. 7, ) authority was coi
ferred on the county commissioners <
Charleston to levy 'three and om
half (3}4) mills, one naif mill (
which, if so much be necessary, sha
be set apart and paid by the count
treasurer in settlement of the audite
claims of M. A. McLaughlin.' Th
tax in question has been levied an
moneys realized therefrom are now i
the hands of the county treasurer. '
Mrs. McLaughlin demanded of th
county commissioners, checks on th
county treasurer for the amount sub
ject to payment to her under th
terms of . the law? and this deman<
wa= refosed.
The Court says: "The question np
on mandamus is, whether a specifn
ministerial duty has been imposed . bj
law to perform the act which the re
lator seeks to compel. If snch ap
pears to be the case, and herN demane
for compulsory performance is in sup?
port of a recognizable right that has
been denied, then the mandamus
ought to go."
"The first point of objection on the
part of county commissioners is 'that
they are net by the said section of the
said Act to do anything in regard to
the claim of the relator, and therefore
the mandamus prayed for against
them ought not to be ordered to is?
sue.' Whenan Act directs money to
bo paid from a public treasury, but
does not specify the mode of making
payment, it is to be regarded as in?
tending that snch payment, as to mat?
ters of form, shall be made in con?
formity to the general regulations of
law respecting payments;- of such class
of character. Such an Act imposes a
specific obligation upon all officers
having duties to perform necessary
for the making of such a payment,
under the general laws relating to
that snbjeet, upoii the familiar prin?
ciple that a legislative mandate im?
plies the requisite means of its per?
formance, if in the general compass
of the powers of the officers by whom
the mandate ought to be executed."
The Court goes on to say, further:
"The county commissioners, in pre?
senting this proposition, connect it
with the statement of the fact that an
action is pending relating to the same
claims and undecided ; b?t this fact
can have no bearing on the question
of the constitutional authority of the
Legislature. If they have authority
to direct that the claims should be
paid at all they clearly have author?
ity to direct such payments, notwith?
standing the pending of an action for
their recovery."
The Court further says : "The Leg?
islature and the couuty commissioners
who audited the relator's claim both
considered tbat they had fully exer?
cised their constitntional and legal
powers in reference to the ascertain?
ment of the indebtedness to the re?
lator All that remained was the
steps for payment. The Act recites
the fact of audit and bases the provis?
ions for payment upon such action of
the county commissioners'. It will
hardly be questioned, and certainly
cannot be successfully disputed, that
whree there has been a lull exercise of
the functions of the county commis?
sioners and that action reeieves the
direct assent of the Legislature, that
that is the end of the matter.
"It is not necessary to consider the
question whether the commissioners
have authority to revise the audit of
their predecessors, and whether euch
authority is interfered with hy tte
Act, tor it does not appear thar trey
have raker? any st<*ps in that direction
or intend to take any. All they claim
in tooir return ia that they are not
bound to do anything but to hit and
await the result of a suit at law."
In the matter now at issue for con
sideration, no method was prescribe
by'which the commission to be a]
pointed by the governor should arr?
at the status of the accounts betwee
the several counties. They certain]
had no right in the first instance i
delegate the power and the respons
bility to another tribunal to settle tl
amount. But they would have a rig!
to employ such person or persons ?
they might see fit, to make calcul;
tions for them, or to use suca agei
cies as were at their command i
bring the matters before them f<
their consideration. In this eas
there were two matters referred, viz
The matter of the school claims, 1
the superintendent of education ; ar
the value of the chain gang equipmei
to the county supervisors. Doubtles
in doing this the commissioners coi
eluded that these several officers we:
better informed on these subjec
than they could possibly ?be, and
the matter stood in this shape, witl
out having been referred back to tl
commission for its approval, I mig!
hesitate to hold that they could go ?
far.
But this is no longer an open que
tion. Their action has been passe
upon and has been sanctioned by tl
Legislature and if we substitute tt
word "Commission" for "Conni
Commissioners, " as used in the eas
of McLaughlin against the count
commissioners, the language ?hei
would be appropriate, viz:
"It will hardly be questioned, aa
certainly cannot be successfully dh
puted, that where there has been
full exercise of the functions of th
(Commission) county commissionei
and that action receives the direct a?
sent of the Legislature, that that i
the end of the matter. "
So whatever this Commission hi
done up to this Roint, has receive
the sanction of the Leigslature, an
the presumption is that it acted wit
full information upon the subjec
upon which it legislated.
I take it that it is not necessary t
cite the cases at length to support th
doctrine that where there is sufBcien
money in the treasury applicable t
the payment of a claim, it is the dut
of the county commissioners to drai
their check for its payment. I thin
tuat the case of The State, Ex. Rel.
Marshal vs. Starlin?, 13 S. C., pag
262 is conclusive along that point.
This vas an application for a Wri
of Mandamus to compel the count
Commisioners of Richland Counti
to draw their check upon the treasure
of the county in favor of the petitione
for two hundred dollars, his quarter'
salary as trial justice.
In that case, the Couit says:
"It seems that the commissioner
have already approved claims to th?
amount of the funds in the treasur
which are still unpaid. It is not ex"
plained why they have not issuec
checks for these approved claims : bu
it is admitted that the funds in th<
treasury have not been actually ap
plied by order cr check for the pay
ment of any particular claims."
In that case, it appeared that th<
relator's salary for the month of Octb
ber, 1879, $66.66 was a claim for thal
fiscal year, and there being money ii
the treasury for the payment of the
class of claims to which it belonged,
the county commissioners were order?
ed to draw a check upon the treasur?
er for that amount, lu concluding
the case, the Supreme'Gourt said :
"The county commissioners have
DO discretion to allow or reject this
;laim. It is for a salary and need not
be audited. It is fixed by law and or?
dered .to be paid.
When there is money in the treasury
.abject to the payment of legal claims
against the county and not actually
applied to other claims, it is thc duty
jf the county commissioners to check
ior?a salary fixed in amount and or
3ered to bb paid by the county as a
ministerial act positively required
)j law-. The peremptory writ of man?
damus should issue reen'ring the
?ounty commissioners of Richland
:ounty to draw their check upon the
?ounty treasurer, in favor of the re
ator, for $66.66 his salary as trial
justice for the month of October
last."
A recuireuce to the case of Mc?
Laughlin against county commission?
ers, supra, will show that there is no
iifference between the payment of a
.alary and any other claim, the
imount of which is fixed by law. In
;hat case, it is said :
"When an Act directs money to be
paid from a public treasury, but does
aot specify the mode of making pay?
ment, it is to be regarded as interest?
ing that such payment, as to matters
}f form, shall be made in conformity
to the general regulations of law re?
spect iag payments of such class or
character.
Such an Act imposes a specific obli?
gation upon all officers having duties
to perform necessary for the making
of such a payment, under the general
laws relating to that subject, upon the
familiar principle that a legislative
mandate implies the requisite means
of its performance, if in the general
compass of the powers of the of?cers
by whom the mandate ought to be
executed." McLaughlin vs. County
Commissioners,. 7 S. C., page 377.
So it seems that wherever it is made
the duty of the County Commissioners
to pay a claim, and they have the
power to do so, and the same has been
fixed by law, they have no right to
withhold payment.
Outside of the allegation that the
amount has not been fixed by law, the
respondents laid great stress upon the
tact that this claim cannot be paid
without doing great injustice to the
claim due to Kershaw county. Ker?
shaw county was not a proper party to
this proceeding, and the respondents
did not so contend. The only proper
parties to a proceeding of tnis kind,
are the parties claiming to be interest?
ed in the performance of the duty and
the party upon whom the duty is im?
posed by law. The State Ex, Rel.
Scott vs'Smith; 7 S. C, page 275.
But it is contended by the respond?
ents as before stated, that this claim
even if properly audited, which they
deny, cannot be paid until the Ker?
shaw Couuty claim be fixed.
The language used in McLaughlin
vs. County Commissioners is an an?
swer to this position. In that case,
the Court said :
"All they claim in their return is
that they are not i oana to do any?
thing but to sit and await tue result
of a'suit at law," ana ruled adversely
to that contention. Here they con?
tend that they mus: await the tine
wnen Kershaw county shall take steiw
to have the amount due to that county
fixed by law, and, as respondents .?ay,
by the commission.
The principle applicable io the case
mentioned applies here. But, as be?
fore stated, the respondents farther
contend that the commission has
never certified the amount ascertained
to be due by Lee ccuuty to - Sumter
county.
There is no such requirement in the
Act. "That is certain which is capa?
ble of being made certain."
All of the items of difference hav?
ing been fixed by the commission, ex?
cept:
1. The item of the school claim,
which has been fixed and paid, and,
2. The item of the chain gang
equipment, the amount of which bas
been fixed, and which stands a credit ;
all having been done by direction of
the commission, and the Legislature
having approved this method of settle?
ment as appears by the Act of 1904*|
authorizing the issuance of the bonds,
there is nothing uncertain about the
matter and the claim must be paid.
From the trend of the argument, it
was suggested that inasmuch as the
commission liad not acted, it could be
compelled to act by Mandamus, al?
though its discretion in the manner
of acting could not be controlled. I
endeavored to follow this out to its
conclusion, and my opinion is that
even if the relators here admit that
they have such right, the answer of
the commission would be "That claim
has been fixed, ar d the money is in
hand to pay it, a?d you have a clear
right to demand and receive it, and
therefore you have a complete remedy
without disturbing this commission."
The conclusion reached by me may
work-a hardship to Kershaw county,
but in coming to this conclusion, I
am but following a fixed principle of
law, and if the county commissioners
are bound to pay the claim of a fixed
sum when they have funds in band
aplicable to that class of claims, not?
withstanding the fact that there are
other approved claims not filed in their
office, for an amount greater than the
sum in hand, it must fellow that they
must pay a claim of this kind, when
they have more than sufficient money
in hand, and no approved claims other
than this against it.
But in a matter of this gravity it
can be very well seen how the re
pondents, with another claim pend?
ing against them, would hesitate on
their own responsibility, to pay out
so large an amount of money when
there would be a manifest deficiency if
Kershaw county, the other claimant,
makes good its claim.
Under these circumstances, I do not
think that the respondents ought to
be adjudged to pay costs, except such
costs as they may have incurred in
their own behalf.
It is therefore ordered, that the re?
spondents do forthwith issue in favor
of W. H. Seale, as County Super?
visor - of Sumter county a warrant or
check for the payment of the amount
claimed in the petition, as fixed in
the following manner, viz:
Total of bonded and note indebted?
ness, $5,247.17, to which interest must
be added from February 25th, 1902 to
the date of the drawing cf the war?
rant or check, at the rate of six per
cent per annum, and balance due on
expenditures, $2,206.90, to which inter?
est must be added from December 10th,
1902, at the rate of seven per cent per
annum, and the check or warrant
must be for the total of these two
sums, with the interest upon them
added thereto at the rates above speci?
fied respectively.
The said warrant or check shall be
drawn against the said fund of ten
thousand dollars realized by the sale
of said bonds, in whose bands soever
the same may be, and shall be signed
and attested in the usual manner.
JR. O. Purdy, .
Circuit Judge.
At Chambers, at Sumter, S. C.
September 16tb, 1901.
Cotton Mil! Strike Broken.
Pawtucket, R. I., Sept. 19.-The
United States Cotton Company, of
Central Falls, whose employees have
been on a strike for eight weeks, open?
ed their mills this morning with 350
operatives. The meu went to work at
the reduced schedules. The officials
say all the departments are running,
though few of them are full handed.
An Early Cotton Crop.
Washington, D. C.~ Sept. 15.- The
cotton report of the census bureau
issued today shows a total of 390,414
commercial bale pressed at the ginner?
ies, from the growth of 1904, prior to
September 1, against a total of 17,587
commercial bales in the corresponding
period of last year. The report shows
7,567 ginneries operated this season
prior to September 1, while the num?
ber operated to the correponding date
in 1903 was 2,17G. The report points
out that in comparing the statistics of
the two years due allowance must be
made for the different conditions of
the two seasons. The total commer?
cial bales, which number but 374,821,
if the rouud bales were counted as
half bales, comprise 358,796 square
bales, 31,187 round bales and 431 sea
island crop bales.
On Sunday night fire destroyed seve?
ral hundred dollars worth of statione?
ry in the office of the secretary of
state in the State House and damaged
a number of large volumes in which
are kept the current records of char?
ters and commissions. It was impos?
sible last night to estimate the loss.
There is no damage which is irrepar?
able, although half a million dollars
worth of land records and papers of
historical value were in jeopardy.
Letter to M. M. Jenkins
Sumter* S. C.
Dear Sir: The way to buy paint is
to go by the name. There is a name
never seen on sham paint or weak
paint oi short-measure paint: Devoe.
There are a hundred different names
in paint. Some are sham ; some weak :
some short-measure; and some all
three.
If there is another such paint as De?
voe lead-and-zinc, we don't know it.
There are a few fairly good paints: a
few: only cm1 Devoe. A trallon Dt-voe
is worth a gallon-and-a-half of these
few.
Mr Aaron Higgins, of Plainfield,
N J, always used 15 gallons of mixed
paint for his bouse. Last spring he
gallons left.
boo>;bt 15 gallons of Devoe and had 4
Yours truly
(?0 F W P -voe & Co
P. S.-L. B. Durant sells our paint.
WORK OF IMMI6RATI0N.
Home-seekers' Tickets for Sale in
Western States for Passage to
South Carolina Points.
Columbia, Sept. 18.-Through the
efforts of Commissioner Watson the
Passenger Association at Chicago has
announced special home-seekers' rates
for the South, in which this State is
interested. A home-seekers' day has
been appointed for Fair week, and Mr.
W2tson has succeeded in having the
cheap tickets put on sale at a time
that all who desire to come to this
State may do so daring the Fair. He
received today an official notification
of the rates and the dates upon which
tickets will be sold. These tickets
will be on sale October 11 and Novem?
ber 15, the first date being for the
special benefit of the Fair.
The tickets will be good for-fifteen
days coming, and, after destination is
reached, twenty-one days are allowed
to return. The rate will be 80 per
cent, of the standard rate one way for
the round trip from Cincinnati,
Louisville, Evansville, Cairo and St.
Louis. The Southern's Chicago and
St Louis agents, as weJi as Coast
Line officials, will co-operate with the
commissioner in the distribution of a
special circular, to be issued relaive
to South Carolina. Mr. Watson ex?
pects also to advertise in a large num?
ber of papers in the Northwest the ad?
vantages of the State, and will con?
tinue the advertisements until the
home-seekers' tickets are placed on.
sale. By this method the States of
Iowa, Indiana, Illinois, Michigan,
Missouri, Minnesota and Wisconsin
will be thoroughly covered.
Already the commissioner has re?
ceived about twenty inquiries from
that section of the country, and it is
likely that he will meet all who in?
tend to visit the Fair at Cincinnati or
some other Ohio River point, and ac?
company them here, afterwards tak?
ing them to any other part of the
State they may desire to visit. He
will have a list of available farm lands
for sale, so that any visitor may know
exactly what lands he can buy and
what they will cost.
Eight Scotch agriculturists are ex?
pected to arrive this week and others
are on the way.
FALL RIVER STRIKE CONTINUES.
Contest Between Capital and La?
bor No Nearer an End Than
When it Commenced.
Fall River, Mass., Sept. 18.-The
peaceful but determined contest be?
tween 837,000,000 of invested mill cap?
ital and 26,000 mill laborers, which
began in this city eight weeks ago, is
apparently no nearer a settlement
than at its very outset last July. Both
>ides remain firm, the mill owners
claiming that it is impossible to re?
rame operations unless the 12 1-2 per
:ent. reduction is made in wages,
while the operatives are jost as deter?
mined against working under such
jonditions.
With . winter not far distant the un?
ions already have begun to husband
:heir resources for the drain which
must be more severe than during the
summer months.
The exodus of foreign operatives
laturally has been large, and lately
nany of the skilled help have joined
;he outgoiog army, seeking other
ields ffcr their labor. Of the for?
eigners, the Portugese have left in
arge number?, very few remaining in
:he city.
Within the last few days there has
Deen a persistent rumor of a resump
;iou on Oct. S\ but Friday the weavers
iecided to hold a mass meeting on
;hat day, which apparently shows the
.eport to be without a foundation, as
ar as the operat ves are concerned.
Friedrichsruhe, Sept. 18.-Prince
?erbert Bismarck died this morning
it 10.15 o'clock. The end was pain
ess.
Lisbon, Sept. 19.-Viscount Castello
3orges one of the King of Portugal's
riends was found murdered today. His
ewels which were numerous and valu
ible are gone and his valet is mis
ng.
Ben Bennett of Hampton 'county,
;be white man whom Gov. McSweeney
Dardoned and banished from the State,
jut who returned to his home and
tilled his wife, accidentally lie claim
id, has been arrested in Savannah,
xa. An effort will be ma,de to brice
nim back to this State to serve out
lis life term in the Penitentiary.
Cleveland, Ohio, Sept. 19.- Wailer
3ox and Pasquele Feritto died this
norning from injurie!" received by an
explosion of a bomb last night. They
?vere members of crowd that was r ar
jicipating in a Italian celebration and
!east ot St. Jicamo. It is not known
vho exploded the bomb. Some of the
[talians declaro it was exploded in an
ittempt to kill the members cf an
italian band that was furnishing
nusic The police favor this theory.
\ rigid investigation is being made.
Sumbers of others who were injai
?d, but it is believed they art- r^ot
seriously hurt.
Saratoga, N. Y.. Sept. 19.- PoKti
?ians who pose in their own baili?
wicks as prophets are going about to
3ay asking questions. They ar trying
o find out who is to be nominated at
he Democratic State Convention to?
morrow, but not one seems to know
:he answer. The men most talked cf at
present in the Gubernatorial field are
Edward M. Shepard, of Brooklyn
lohn B.\ Stachared, of Elmira, Juc-je
3avnor, of Brooklyn, William Tra vt-rs
Jerome, of New York and George M.
Palmer, of Schoharie. Tammany issaid
;o be backing Palmer, but Hill is cp
wsed to him. All the others bave
jacking and it is still any ones race.
There is a possibility that Judge Par?
ker will be asked to name a man and
;has end all wrangling.
lu a fight over a crap game th re
whites and three negroes were ki He
near Cairo, 111, Monday
George Tiliery, a young white iran
living 35 miles from Raleigh, N C,
iilled his mother-in-law and seriously
wounded bis wife with a sher ^nn
Monday night
Four murder cases were tried ia the
greenville court last week and all of
the accused were acquitted.,
