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THE COLUM1UA HERALD: FKIDAY, AUGUST 5, 1898. ., ..as, I 1 4 ' i'ij ill ' !' :' 4 . ' , ,yi ' " .1 ' 1 ,1 i S i ! 1 Columbia Herald. Pnbiisned by the Herald Publishing Co. 8CB 'RIPTION RATES: in the County 1100. Out of the County 1.25. atered at the post-office at Columbia, Ten nessee aa second-class mall matter. P. D. LANDER. Editor. DEMOCRATIC NOMINEES. FOIl GOVERNOR, HON. IIK.MON McMILLIN. For Railroad Commissioners, K. W. Baptist, J.N. McKenzik, T. L WlLMAMH. Now for the Congressional bout. Let us hope that the "white winded anjyel of peace" will also be swift-winged. Thk 8t. Louis Republic, suggests that "Ran Juan" be Americanized to "Sim Jones." Which shall it be a continua tion of hostilities, or peace, with an extra session of Congress? Li kit. Hobson has shown his ability to sink ships; now we shall see how he succeeds in raising thein. Populism and Republicanism were swept away beneath the Demo cratic landslide in Alabama Mon day. ' Thk Republican gubernatorial convention will be held In Nash ville, August 17. As yet no one has been induced to seek the inevitable fate of martyrdom. Another proof of Spain's tyran nical methods of government was the enthusiastic welcome accorded G'n. Miles and his army of in vasion by the people of Porto Rico. . . Rkkugees report great suffering all over Cuba, owing to the effec tiveness of the American blockade. In many places food can not be bought at any price. From ten to twenty people are found dead of starvation on the streets of Havana every day. The reconcentrados are dying by hundreds. . Ex-Senator D. B. Hill gives four reasons why he believes New York will go Democratic this fall. The last three are overshadowed by the first, which applies to the coun try at large as well as to New York. This is that the Democrats are united. That Is the significance of the greatly increased Democratic majority in Alabama, and it will tell in Teunessee next November. Nashville American. The volunteers may yet get a taste of service in foreign lands, even if only on garrison duty. It is roughly estimated that at least 30, 000 troops will be needed for gar rison duty in Cuba, besides those that must be sent to Porto Rico, while developments may call for a large force in the Philippines. It i-t thought by some officials at Washington that the volunteer army will not be disbanded for a year. In speaking of the United States' new possession the New York Mail a 'id Express says: "No wonder Porto Rico hails with joy the over throw of Spanish rule anil the sub stitution of a government which shall be honestly and liberally ad ministered. The Spanish system is even more burdensome in Porto Rico than in Cuba. The revenues are expended almost wholly for Spanish purposes. In a recent an nual budget, for instance, pensions, interest on Spanish debt and salaries of colonial officers living in Spain consumed $73,02S.W); the courts and expenses of the established Catholic Church, $;S,T10.50: increase of Spanish navy, 150,100.08; public works, $272,211.02; civil government, $719,315.2(1; while Porto Rico had to contribute $ 1 ,0(US,5!)5 50 toward Spain's war expenses in Cuba aid the Philippines. Under American rule Porto Rico, like Hawaii, will probably expend the entire revenue raised from Its people upon internal Improvements and the maintenance of its institutions." 151 (J DEMOCRATIC VICTORY. l'opiillst State Ticket In Aluliaiiia Snowed luiler. Birmingham, Ala., Aug. 1. Jos. F. Johnson, Democrat, was re-elected Governor of Alabama to-day. Unofficial returns from sixty or sixty-six counties in the State indicate a Democratic majority for the State ticket of 55,000. The chairman of the Democratic Committee claims 75.000. Indications are that the Populists carrieil not exceeding six counties for their State ticket. Berkshire Pigs for Sale. I have a number of fine registered Berkshire pigs for sale cheap, jui'-'i) E. D. Loonky. And Then Twas Bedtime. "Pa!" "Oh, be quiet!" 'I'tV' "Well, what is it?" What did the lead Sea die of!" London sporting l imes. EARLY PEACE IS ASSURED. McKinley Has the Reply of Spain. CERTAIN ('OMISSIONS WANTED Though Tlirrx l Mttle Itfiuht That Spain Will Acit with Little Chanx Mie Want to Retain All Her Militaiy Prop erty in Cuba aim Porto Kho. Washington, Aug. 4. An early cessation of hostilities is assured Spain's reply to the terms of peace proposed by the United States was presented to President McKinley by Ambassador Cain bo n yesterday af ternoon, having been received by M, Cambon the night before. The reply was not conclusive. Spain is still hopeful of securing further concessions and Is apparent ly afraid to agree to the general terms proposed without knowing more of the details that will be in sisted upon. In the conferences that followed the delivery of the reply, M. Cambon sought to be more fully informed as to these details. All members of the Cabinetareextreme- ly reticent as to the progress made in these conferences, which lasted until a late hour last night. It is believed that several more notes will be exchanged before an agreement is reached, but little doubt is felt at Washington that Spain is prepared to accept what ever the United Spates imposes as the terms of peace. Among the details about which Spain wants an understanding in ad vance is the manner of evacuating Cuba and Porto Rico. She wants to be allowed to take awiy ail her mil itary property. The Spanish note also wants to know who is to pay for the transportation of her troops to Spaiu and who is to maintain order in the islands pending the evacua tion. VICTORY VtfK (iAKCIA. He Capture One Town and 11a Other In Sight. Cubans bring a report to Santiago that the Spanish commander at Manzanillo has written a letter offering to surrender the town to Uen. Garcia if the latter will allow the Spauiards to march out of town with their arms. Garcia is march ing on Holguin. The town of Gibora, in Santa Clara province, is said to have been captured bv the Cubans under Gomez after the Spauiards werejrouted. Tie H E Uin House Claim Continued from First Page.i is truthful and conceals nothing, all is well. If he uses nefarious means with success, the spring head and the stream Of Maury County as Polled at the Virions Voting JVaccs of Maury County at the Fleet ion Held August 4, 1S9S. 1898. 1 iiiorir j u im; Voting Place. Klnderhook StunOH's shop licftwicu Hrklge Turk's Station Hurricane ."Switch. .. (ullcokii lUghyviile Hichyville Court House t'raiK's Warehouse. I'oplar Top Kmerprise Scott's Mill Ml. l'leiisiint Sandy Hook Mt. rii'Bsnut Collier's Mill WUIiamsport Mussey's (Shop Hampshire Hampshire Water Vallev Kike's Mill Sunta Ke (irtiTel Hill Timmons Hear Creek Neupolls Spring Hill Kedriin. Hock Kpt Ing Bully Hill Totals INDICATIONS AT 11 1. 31., THURSDAY. The above table is necessarily very incomplete, and doubtless con tains some mistakes, as the returns are unofficial and came to the Her ald by telephone messages. The indications are that Mr. Hight is elected Sheriff, Mr. Grar.bery, Trus tee, Mr. Embry, Circuit Court Clerk, Mr. Thomas.County Court Clerk, Mr. Latta, Register, though the race be tween Latta, Lipscomb and Jones from these let urns is rather close. Hello! McKENN0N& NICHOLS! Got any Fruit Jars? Yes, mam, at IK) cents per dozen, we can (five yon the best self-seal-inu half gallon jare. Well, that is cheaper than I have been offered them, so you can send me 4 dozen at ouce by your "Fly tnir Squadron." what .8 your price on 4-X Coffee now? U ell, we are selling it this week at in pounds for $ 1.00. Send inefl.OU worth by same route. Are you still selling soap at 25c per dozen? Yrs, mam. Scud me two dozen. How about sugar? We are selling ltipouuds of Gran ulated, or 18 pounds of Clarified, or 20 pounds of O. K. Sugar for $100. We also have just received a fresh supply of all kinds of Teas. Well, your (roods are all so cheap and so liiee, and I need so many things, I will come to the store and give you a large order. Than k you, main. Please remember we buy all kinds of Country Produce at the highest market price. is that so? I will send all of mine and tell my friends to go to McKENNON & Hell Tlnme815. NICHOLS. Citizens' Phone 111. $ of legislation are polluted. To legalize the traffic of such it rvice, would open a door at which fraud and falsehood would not fail to enter and make them selves felt at every accessible point. It wmild invite their presence and offer them a premium. If the tempted agent be corrupt himself and disposed to cor rupt others, the transition requires but a single step. He has the means in his hands, with every facility and a strong Incentive to use them. The wide spread suspicion which prevail", and charges openly made and hardly denied, lead to the cohelu.inn that such events are not of rare occurrence. Where the avarice of the agent is inllamed by the hope of a reward contingent upon suc cess, and to be graduated by a percent age upon the amount appropriated, the danger of tampering in its worst form is greatly Increased. "It is by reason of these things that the law is as it is upon the subject. It will not allow either party to he led in to temptation where the thing to he guarded against is so deleterious to private morals and so injurious to the public welfare In expressing these views we follow the lead of roas m and authority. "We are aware of no case in English or American jurisprudence like the one here under consideration, where the agreement lias not been adjusted to be illegal and void We have said that for professional services in this connec tion a just compensation mav be recov ered. But where they are blended and confused with these which are forbid den, the whole is a unit and indivisl ble. That which U bad destroys that which is good, and they perish together. Services of the latter character, gratuit ously rendered, are not unlawful. Tlio absence of motive to wrong is the foun dation of the sanction. The tendency to mischief, if not wanting,; is greatly lessened. The taint lies in the stipula tion for pay. Where that exists, it affects fatally, in all its parts, the entire body of the contract. Where there is turpitude, the law will help neither party. "The elder agent in this case is repre sented to have been a lawyer of ability and high character. The appellee is said to be equally worthy. This ca'i make no difference as to the legal prin ciples we have considered, nor in iheji application to the case in hand. The law is no respeetor of persons." The case of Marshall vs. B cv O. U. 11. Co., 57 U. S , ;il.", is to the same effect in UNOFFICIAL TABULATED k. IKCl'IT I'l.KKK. COL' NT Y t'Ol'KT lI.KKK. COUNTY - ? ' 7 I ! s l s ! - i I r' - I ? z 5 5 5 1 " 5 s ? : k r 5. 7 ; ? i ? ' ? S'Ss : : : 5. : ? ! 8 ? : : F r : " T : : '' i !?'::: ! i I i : f : : : I : : ; : : j : : : : : I !! L'ii '.'.'. v.'.'.i '.v.' v.'.' v.'.' v.'.'. v.'.' '.v. v.'.'. v.'.' v." 4 7.") ii 4'J 1111 !W lini 20 l! S! 'Jl 1(W H Hi 711 27 112 14 fi its iuf nil i7 :t' ins is a' :m in &c, lito 1J5 ii m v.m its ii us aiTi ....I .. i ! .... .... .... 7 11H 111 Nil H'.i (17 7H fil is 7") 41 41 41 14H 5l lid M XI 5 llfl Its 144' iti 4S IVH 7;! 1 71 in '.'7 4(1. ii7 S4 Tt I'-ll iT II ;M 2i:f :Hi7, 111 In; 2i!'j 17k :':( s.j i lln 2121 li !Wt 1HI 27H 4:1 ii M4 si: lmv iWV Hi : iJSi 2 21 2V 41 75 tl lt ll l 11 H ins 7 i I I . 11 HI til' in 57 22 II 7 in 4f 17 li 52 22 Ii '.12 12 11 l! I I 1- 2H!i 117: !'2' 172, l:.' Hi !!4 .... 72 17S' " H 12U 13S 13 270 8 12 II .V.: I ! I 1:1 2iCi ;m 7s' 1711 Ha (hi: H2 .... M 125 4." 12 111 151 II 251 11 l:t 81 Hi ....j ....! f lft 71 it; 171 tiii ! ft! h i mi in I :th a 72; 5 Itl 1112 II HI ltd H7I 11 2" ... It! 7." 1 10: till 521 17 H! 14 17 hs 2 t7, 1( 11 (ii 7 55 8!i, u Uij 62 is i'i.r, iiv 'i;V.t i-ioi ' wo 'iss ' is .... ' " i t t " 2 '24:1 ""v i7ti "w, ' si 'iiw 4 in 1112 1211 ... I .... ... 1 .... I ... ....I .... 20 m Nil li:i ll'.i 110 17.) 25 1D5 0' 1 111' 25 171 110 21 tSt 112. ... ... ... ... I .... 22 71 :i 7li 77 SS 21 tl s 15 2s 55 25 M' 10 t2 tt 22 411 Ms : 57! HN 5n II 8 82 87 20 11 25 7n! IS SP 2 28 12H 78 UN mi! 81 l:i iCi; tl. 51' 22l 20, Kt 125! 14 IM X 21 M f .-..j -..j I j ...- j Mr. Crowe, who was a candidate for Sherill withdrew from the race last Monday. Mr. Holding will carry Maury County by some eight or nine hun dred votes, but the outlook for his election is dark and gloomy. The news from Giles County is that the majority there for the straight Democratic ticket will be very small, if any at all, and Holding has been knifed with the balance of them. It is also reported that Lawrence county has deserted her I Democatic colors; and if Hardiu and Wayne send up their usual Republican majorities, it will over principle, with the additional question of concealing from the Legislature the true relation of the agent to the meas ure The court, in passing upon the same, lue- the following language: "All persons whose interests may in any way he affected by any public or private act of the Legislature, have an undoubted right to urge their claims and arguments, either in person or by counsel professing to act for them, be fore legislative committees, as well as in tlae courts of justice. But where per sons act as counsel or agents, or in any : representative capacity, it is due to i those before whom they plead or solicit that they should honestly appear In their true characters, so that their argu ments and representations, openlv, i and candidly made, may receive their .lust weight and consideration, i A hired advocate or agent assuming to I net in a different character, is practic ing e'eceit on the Legislature. Advice or information flowing from the un biased judgment of disinterested per sons, will naturally be received with more confidence and less scrupulously examined than where the recommenda tions are known to be the result of pecuniarv interest, or the arguments prompted and pressed by the hope of a large and contingent reward, and the agent, stimulated to active partisan ship by the strong lure of high profit. Any attempts to deceive persons en trusted with the high functions of legis lation, by secret combinations, or to create or bring into operation undue in fluence of any kind, have all the inju rious effects of a direct fraud on the public. Secrecy as to the char acter under which the agent or solicitor acts tends to deception and is immoral and fraudulent." Applying the principle of these two decisions to the facts in this matter, the' following legal deduction is irresist able: 1. That the contract authorized by the Book Committee was against pub lic policy, illegal and void. 2 That the concealment of the fact that the agent was to he paid a commis sion on the amount obtained was im moral and fraudulent. 3. That the Senators had tho legal right to ask the questions they did touching the commissions to be paid the agent. Far be it from me to impugn the mo tives of the Book Committee. I do not for one moment believe they intended any wrong or were conscious of the fact that they were making an illegal and unlawful contract. The fact, however, is that such contract was made. Now. can the church alford to receive and keep the monev procured by an unlaw ful contract? There can be but one an swer to that question : No! Let us now take up the actions of the agents of the church under this con tract. But before doing so, it is impor-' tant to determine who were the agents in this matter. It is admitted that Bar- bee it Smith were. In the contract made with Mr. Stahlman they describe themselves as "Book Agents of the Methodist Episcopal Church South." Report of Senate Committee, page 22. It is admitted that they, as general agents, had M e right to execute the c nitract that was made with Mr. Stahl man. That part of the cont ract employ , ing M r. Stahlman is as follows : ' Witness, first that we, Barbee it Smith, book agents of the Methodist Episcopal Church, South, do hereby give power of attorney to the said K. B. Stahlman to prosecute our claim be fore the Congress of the United SUtes," etc. That provision constituted Mr. Stahl man a sub-agent and representative, not of Barbee & SmUh, but of the church, and any representation made by Mr. Stahlman was made as the agent or attorney in fact of the church, and the church is as responsible for his representations In this matter as are Barbee it Smith. It is not claimed that Mr. Stahlman was acting in this mat ter as an attorney at law. In his own testimony he says he is not an attorney and that his business for twentv-tiv'e years or more was that of a railroad ollicial, and that he is now engaged in the newspaper business. Report of Senate Committee, page 31. We must therefore conclude that th church in this matter was represented through its agents, Messrs. Barbee, Smith A Stahlman. Before taking up the representations made by these agents, it is well for us VOTE SH Kl'.IKK. ! ('l)l'XTV 1 lUSTKK. K KOI ST hit. come the Democratic majorities of Maury and Giles and defeat the nominee. It is a dark day for Democracy in this district. Coniitable and School Commlm lonem. The election for Constables in the 9th District resulted as follows: W.A. Voss, 522; Eugene Lochridge, 3t0; D. 15. Clopton, 304; Frank Ham mond, -M; W. X. Wilson, 41. The two receiving the highest totals be ing chosen. Messrs. Sims Latta, Jno. M. Burns, and W. P. Woldridge were choen School Commissioners by the fol lowing vote: Latta, 425; Hums, 39S; Woldridge, 375; Jno. Moore, Jr., 350; T. N. Fibers, 32(5. HGennon, Anderson oj Easter. We've Barna ined for A pretty big lot of them this time. There are 35 dozen 420 sheets in the lot, and barring any mishap, they'll be here Next Monday Morning. We say ''barring any mishap" because, while we are morally certain they'll be here by Mon day, we are not absolutely certain of it. But in the event that they shouldn't get here, we'll take your orders up to the above limit of 420 sheets, and deliver them when they come, and at these prices it will pay you to leave your or ders. They were shipped from New York on July 29th. Monarch Sheets size 90x90, fair quality, 42c each. Defender Sheets, size 90x90, splendid quality, full size, 45c each. Defender Sheets, size S 1x90, splendid quality, 42c each. And this size is large enough for most any bed. Utica Sheets, absolutely best quality, size 90x90, full size, 54c each. Here's a lucky turn for you five styles next Monday Morning, 42c a yard. More of those tine Zephyr that were 15c and 17 a yard. a yard. We're closing out all the dies and next Monday prices All the ioc, I2c and 15c be 5c a yard. All the line 25c to 40c Organdies, wil be 10c a yard. And you can have another chance at all of our 75c and 90c ready-made Shirt Waists, Children's Linen Tarn O'Shanters and White Duck Caps, about four dozen in the lot, Monday, 12c each. Clearing Sale of Ladies'1 five pairs Ladies fine Tan and Chocolate Oxfords and one strap Sandals, bran new, this season's best $2.00 goods. Monday, $1.50 pair. Fifty pairs Ladies' Finer, colate Oxfords, all new goods, And there1 s two or three months of Oxford wearing time ahead yet, though it is getting quite the thing for a good many people to wear them all winter. Ladies'1 JJncn Cuffs. Six dozen pairs, some plain, some turned back but mostly small sizes, and nearly all slightly soiled. They were 15c to 25c a pair. Monday, 2c a pa if. We've got several big cases of Fall and Winter Clothing in the store now waiting to be opened, but we want to sell a few more of these Men's $S.oo and $10.00 Suits at $5.90. Men's extra quality $10.00 and $12.50 Suits at $7.50. Men's $15.00 and $S.oo suits at $9.75. If you see it in our ad. it's so. EIcKennon, Anderson & Foster. to hear in mind that the duty of the church touching this matter does not depend upon the intent that prompted tue parties in making the representa tions, but upon whether the representa tions were false and calculated to de ceive. Freedom from any intended de ception may acquit the agents of any personal wrong, but if the repre- enta tions, as a matter of fact, were false and deceptive and the church knowingly retains the fruit of such deception, it cannot acquit itself of wrong by plead ing the good intentions of its agents. The question, then, is not w hat were the intentions of the agents, but what were the representations they made and were they false and calculated to deceive. The proof taken before the Senate Investigating Committee discloses the following state of facts, which I w ill quote without comment. FOR CARRIAGES ! WP put them on old or now wheels in a SINGLE DAY. Over bO.000 sets in use. Your local carriage dealers and manufacturers can furnish you with anv information re girding our tires. (The Rubber Tire Wheel Company NASHVILLE North Long Distance Ttleplione la'.'O. Some ire Reaoy-ma&e wis in Black Dress Goods for Skirts, or full Dresses either, and they came just in the nick of time for the last of Summer and early Kali wear. Five Styles of all-wool Black Brocaded, 36-inch Dress Goods, in neat designs, and under the present conditions, they come in the 60c and 75c class. These Ginghams and Madras Cloths, Next Monday again, 8 1-3 light colored Lawns and organ will be this way: thin Lawns and Organdies, will next Monday at 45c each. 25c has been the price till now. Fine Tan Oxfords. Seventy- $2.50 and $3.00 Tan and Cho Monday, $ 1 .90 pair. vi Here follows a resume of the tes timony taken before the Senate in vestigating committee, which has already appeared in these columns. The writer concludes his article as follows: In conclusion I wish to sav that I think the worst thing connected with tiiis whole matter is that some of our ministers think it right even now for the church to retain this money. Many things might be said in extenuation of the actions of our agents. Their zeal for the church and the excitement attending tho matter may have uncon sciously carried them too far, hut this Ca""ot,te 8id of the man who, with all the facts before him, calmly decides that the church should keep the money. Let us return every dollar of it "a good name is rather to be chosen than great r'ches." Joiidan Stokes. RUBBER TIRE CO:, C(i1;c2p Slrrpl. ilsltvlllo Ton n TIRES ' Juut24 V