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The Pickens sentinel. (Pickens, S.C.) 1871-1903, October 21, 1875, Image 1

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I ^QL- v- PICKENS, St C~ THURSDAY. OCTO^R ^7^7 " "" "
71t? Term of Office of the Circuit Judges
?An Important QuestionThe
decision of the 8uf romo Court
of this State in the oftao of Wright vb.
Uharlos (4th volume of Richardson's
Reports, page 178) haB an important
bearing it seems to us, upon tho oloc-.
tion of Circuit Judges, in establishing
tfce principle that whero a tern of
ofBoe is fixed by tho constitution a
person elected to such oftlco, whothor
tafil a vaoancy or not, must hold
offico for tho full term. Under this
decision (if it bo applicable to circuit
judges) the torm of Jutlgo Carpenter
(eloctod Dooembor 13, 1872) docs not
expire until Decombor, 1876; tlmt of
^ Judgo Cooko (oloctcd January 14,
1872) until January, 1877; that of
ouago xicou, joiocmju uccemDcr, jloyij
until Docembor, 1878; and that of
JudgoShftW (olectcd January, 1875)
until January, 1870. Tho Judgos
b namod woro clcctcd to fill vacancies
caused by doatb or resignation of office,
and wero olectcd for the unex-?
Dirod terms of those whom thov sue
m *
ceeded; but, as wo understand it, tho
dpoision in Wright vs. Charles givea
them, nevertheless, tho right to hold
office for tho full torm of four years,
fixed by the constitution.
In Juno, 1868,a man, namod Moss,
w^selocted Clerk of tho Court in Darlington
county, but failod to qulify.
An election was hold on May 25th,
1869, to fill tho vacancy, and Win. E.
Mto ! ] na ttrn a a1 aa! a/I A * I !?/*
olcction in Octobcr, 1872, Jonathan
Wright wan olcctod to tho oflloc, and
on Nov., 29 was commissioned by tho
Governor. Wright qualified on November
28, and dcmandod possession
of tho oftico, which was refusod, and
i..< ii -
viivj i^uuanuu uuiuiu tiiO uuilll WHH
wholher Chorion should have surrendered
Tho State Constitution provides
(Articlo 4, Section 27) for the oleciion
in encU county of 0110 Clerk of tho
Court of Common Picas, "who shall
hold liia offico for tho torm of lour
year*." And in tho cneo of Circuit
Judgos tho constitutional provision
(Articlo 4, Section 13) is tliat "for
each Circuit a Judge shall bo oleotod
by joint ballot of tho Genoral Aesombly,
who siiaii hold his offlco for a
torm of four vcars." Wo aliall ?eo
that tho dccibion in Wright vb.
Charlos covcrs tho case of a Circuit
Judgo as fully as that of tho Clork of
Court "
Tho Supremo Court ?ay: "Tho torm
of office being fixod by tho constitution.
ih? nart.tr hnlHinor !t. h? ?la/>>iAn
, t J b "J ,.VVV.V..
is entitled to all tho rights, powors
and inoidenta which belong or pertain
to it, and, by whatcourso of reasoning
the duration of tho term is not to bo
included among thom,it is difficult to
porooive. Tho porson elected to fill
a Vacancy docs not succood to tho un^
expired portion of tho torm of his J
predecessor, but holds by a determine
ato tenure proscribed by tho constU
tulion. Tho vacancy exists in tho
oflico, tho torm is tho duration of it,
not dopondont on tho death or resignation
of tho person holding it, but
on tho law. No mattor how tho of-,
fioe becomes vacant, tho party olcctod
to succood to It is not in as tho moro
locum tenons, only supplying tho term
of tho porson who Inst succood him.
If tho logislaturo had, by express oiu
nctmont, doclared that ono olocted to
fill tho unexpired term of tho ofllco of
clerk, mado vacant by doath, should
uuij uviu i\ii muu jjunoUj suon provision
would bo inoporative and void,
for, its was said by Mr. Jastico Wright
in the opinion of tho court in Regis*
tor vs. Hemphill, 2 S. C., 335, whoro
tho organic law fixes tho torm of of
fico, it is not in tho powor of tho Legislature,
by an aot, to chango thut
torm" * * * "Tho question is
not as to tho modo oi filling tlio vas
calnoy, but tho tonuro by which tho
prtfty olootod shall hold tho office."?
* * ?<In ovory olection is
to supply a v*canoy, no matter how
arising." M'he JSupvemo Court found
authority on tho quoslion raiood in
various canon in this Htate and in
Now York, and rendered judgmont in
favore ot W. E. Charlos, tho dofondan
\Y? fail to sco why tho dooision just
quoted doos not apply in erey particular
to tho caso of Circuit Judgos
elected to fill vacancies, caused by
death or resignation. The term of
office ef the Circuit Judgos is fixed by
the constitution as tho term the cleiks
of court is fixed, and tho obioction
tliat tho Judges whom wo named oxprosHly
olooled to fill unoxpired terras
is mot by tho declaration of tho Sus
promo -Court that an act of the Legist
laturo, declaring that a poroon oloctod
to fill tho unexpired terra oi offico of
a clork should only hold for such unexpired
term, would bo inoperativo
and void. What an aofc of asaorably
cannot do cannot be effected by torms
of a joint resolution ordoring an elec-*
tion, or by tho wording of a commission.
The torm of tho offieo is fixed
by tho organic law at four yoars, and
tho Logidtuture, in olccting a judge,
elocts him for tho term, longor or
W/. . i.:., ?i 1
t* w mvviu iiiio ^uuntiuii UI giuill Ilil^
portanoo to the poople of the Stato,
and wo trust that it will bo bo oxam*.
inoil and sifted that, beforo tho Legislature
moots, tho power and duty of
that peculiar body, in tho matter of
tho judicial elections, will bo known
and understood by them and thoir
constituents.?Nowp and Courior.
Col. Aiken says: "la November
1874 middling cotton brought through
out tho South an average prico ot 13}
con is. Tho samo cotton in January,
1875, was worth 15 conts. Why?
Bccauso in January, 1875, it was in
tho hands ot those who dotorminod
that should bo tho price. To day tho
samo cotton is worth 12} conts. Tho
fiat has gono forth that in Novombor
noxt it shull bo worth but 10 conts per
pound. Who issues tho mandato?
Wall el root, New York. A year ago
we wore assured by this snmo authority
that tho crop of 1874 would
exceed 4,000,000 bales. Thoy sot their
figuros 500,000 too high, but did not
learn tho iact till thoy controlled tho
orop. To day wo aro assurou tho
orop will bo largor than tho last ono.
Can thin ho nonsihlrt ? Thn flnmllnno
and Georgia will produco 200,000
| bales loss this yo.ir than last. Thcro
aro to day in tho world ovor 100,000
I bales less than there wero* a year
ago. Tho Mississippi Valley will not
grow 300,000 balos more this yoar
than they did last. Hence my inferenco
is, the product of 1874 and 1875
will bo no more than tho product of
1873 and 1875. Bush your cotton to
market, and in Novomber it will bo
worth 10 cents. Supply tho domand
as it is created and the crop will sell
I for at leant thrM contn nnH *w?vh?r?a
, ?- r "i"
fivo, per pound moro. Supposo tho
formd-?this will inoroaso tho income
to tho South $42,000,000. Is this not
a stako worth contending for ? This'
net earning will be distributed ftmongst
the entire South, and very
lew will be more than temporarily inconvcnionccd.
Soli at 10 cents por
pound, and the wholo South suffers,
whilst none aro matoriully boncflttcd.
- 1 ?
Kaleioh, Oct. 11.
ThoStato Constitutional Couvon*
tion adjourned sine die, after a session
of thirty one working d&ye. In
the last few days of the session many
important ordinances wero passed,
amounting to a general emancipation
of tho Legislature from the restriction*
under which it has labored
since 1868, and giving it larger pow
era. Tho public debt question was
not interfered with. Several inef-1
fectunl nttoinptB wero mado to repudiate
the special tax bonds.
Student of History?ProfosAor?
Aro kings and quoens always tho
highest? Professor; certainly, why
do you ask such a nonaonsical quos(Jon?
KIiiHadI' haraimn 1 nnlinn/) tK??
in a game of railroad euchre,the jokor.
?Professor} leavo the room,.Hir!
John Henry had a guest to dinnor
tho other day, and during a pause in
tho conversation tho enfant torriblo
spoke up: "I wish I was vou?" "Do
you, little boy, and why do you wish j
you woro mo?" "Cos you don'l gotj
your oar pinched wh jn you eat vit- j
ties with your knife.' I
The Colored Convention.
Tho Colored Convention liae met
and adjorned, aajs the Augusta
Chronicle & Sentinel. We have
pnbliehed full proceedings of tho two
(lftya session, rind a perusal of the re
ports will serve to show how inliapt
monious was tho body and how little
it accomplished. A report, abound"
ing in falsehoods, has been adopted,
and a tissue of audacious lies concerning
the treatment of the colored people
in this Stato mit foitl? N"r?
tcr contradiction ot iis slanders could
be offered thnn tlio conduct ot the
whites in their treatmont ot the
insurrectionary movement a few
weeks ago. Every impartial witness
will say that a very base return has
been made for the forbearance and
lenioncy displayed by the white pco"
pie of Washington. "Hurt** ntwl Jnlin.
O J vw"""
son counties.
Ono ot tho leaders of the Convention
evidently came to it for tho purpose
of promoting an emigration
scliemoto tlio coast of Guinea.- Very
low colored men will* accept his opinions
or believe his statements; none
of them will make a Moses of him ov
la promised lar.d of Afrio.n Hnlin!
zation of this kind has boon tried too
often and too unsuccessfully for the
experiment to bo repeated. II. M.
Turner is either a knavo or a fool,
and in either character i9 unfit to be
trusted as a leader.
Others of the moving spirits of the
nffair attempted to nso the Convene
tion as a machine for obtaining u now
deal in the matter ot Federal offices.
"Weak-kneed Republicans and avowed
Democrats*' have been
to oppointcd to ? fflce, and t ho souls
of the outs are grievously vexed
thereby. So a meoling held to consider
tho alleged insurrectionary dis
turbancea, is attempted to bo used to
censure the Administration for the
manner in which its patronage has
boon distributed in Georgia.
Tlio truth is, tlio colored people of
Georgia liavo littlo causo for complaint.
They are protected in their
rights of person and property. The
law makes no distinction in its treaU
ment of blacks aud whites. The
Courts are as free to one raco as to
the other. So far as wo can see the
blacks throughout the Stato are prosperous
and contonted. Their indus^
try is slowly but surely increasing
their wealth, and thoy are learning to
save *8 well as to raako. With the
influence of a lev/ bad men of both
colors rctuoTod, there will never be
any bad iecling between tho raccs in
Tho Modern NewspaperNowspnpors
aro getting to bo much
moro than rr.cro transcripts, of tho
nflWH And rrAoain nf (Kn <l?" 'PI.??
?... ? V>* wuv KMtmjf . JL nuy UI'U
pioneers in loarned exploration ; tlicy
aro foremost in geographical and bistorieal
discovery j thoy aro the teachers
of social scienco. Thoy aro no
longer satisfied with dissominaling the
knowlodge laboriously colloctcd by
savans' by travelers, by oxperimotors
in natural phylosophy; thoy must
j pursue thoir own investigations, and
[ sond thoir agents into all tho luiW-nx
| plorod fields ofncionco and adventuro.
I Tho reporter of to day is tho advonturcr
who ponotratos tho doscrt and
tho junglo ; tho scholar who soarchos
for rolics of tho forgotton past; the
courior who boars tho news of victory
to courts and congrosscs across tho
irildornoss and through hostile armios j
tho detective who prios into public
^1 * J!
nuunuH, hiiu uinuuverB niuuon wrongs;
the pioneer who throws now countries
opon to tho world ; the philanthropist
who unbars tho doors oi tho torturo
chambor ; tho chomist who detects tho
adultoration in tho spico box; tho inspector
who Boizes t'also wolghts and
measures; tho auditor who oxposos a
public theft in the treasurv. .Tnni-mil
ism busioa itsoH now with everything
that affects tho public woifaro. It
tronehoB upon tho province once Ba.
creel to tho Bcholar, and BupplioB tho
defects of an inefficient government.
Year by yoar its ambition boootaes
larger, it proposes more bo nificent,
and its means moro abundant; and
we can hardly doubt that it is dostin
ed In a vory short timo to bo the foremost
of all thoseoulnr ]profeB8ion?, tho
most powortul in its operations, the
most brilliant in its rowimln, and the
raost uBoiul to mankind.?Proof SheetA
44 Johnny Reb," in Pennyslvania.
A few days ago a group of old
confederates were sitting on one of
the galleries of a favorite lake shore
watering place spinning yarns ot
personal advent tiro during the "revo
lotion." After several hud been spun
out it caino the turn of a unite do- I
mure gentleman, who had served
with one ot Lovisuitia's bost regiments
in Lee's army, and with that army
had been in l'ennyslvatiia. He said :
"You sec, wo crossed the Potomac,
and thought we should have a nice
time helping onrselves to buttermilk,
chickens, and such things that had
played ou t completely in Virginia;
but tlio ver y first thing after crossing^
the adjutant of our regiment
read to us General Lee's order
against "prowling," and threatened
severe punishment to any ofticor or
pi irato caught dopredating upon tho
people. Wo thought it waa rather
hard on tho American citizens, but
, we said old Maasa Robert knows beat
and if l.e says "pay aa you go," why,
we will do it?in confederate money.
It was near Greencastle when 1 and
two comrades of my mesa straggled
and brought up at a neat farm house,
where there w?a every evidonce of
plenty in the eating lino. We were
met at tho door by a very matronly |
lady, as neat as possiblo. "Ah V we j
said to ourselves, "svo are in luck ;
now fjr a square meal." Wo doffed
| our gray kepis and entered thohouso
and piled our rifles in a corner.
4Madam," I said, "wo aro, aa von
It know
Confederato soldiers, and consequently
hungry ; can you got us up
a littlo old fashioned meal?sometiling
that will remind us ot homo as
it wero, Homo Sweet Home, where
you probably wished all .were just al
this time!" The lady declared that
there was not a scrap in the house ;
?I1 J I
nu iuiu uuuu huht away upon near- j
ing that tho rebels wore coming to
rob, burn and steal. Wo remonstrated,
wo said, why, Madam, wo cama
hero to fight like men, not to moles1
woiuon and steal their bread. That's
what old Robert says, and wo stick
to it. Wo aro going to pay for everything
we get. Evon this announ
cumeni mat we uaci returned to specie
payment would not move her?
tliero was "nothing in the house, ab,olutely
My comrade, Wilson, a father of a
family down in Rapides, had dovotcd
himself as soon as ho had entered tho
llOUSO. to nlavinnr with n littln lmliv in
j o ? """"V
tlio cradlo. llo now arose and said
iu the politest manner pcssib!o.
"Have you any sfdt i" This was evidently
regarded as a queer question
and she replied, "Oil, yes ! I have
salt; but what under tho sun do you
want with salt, having nothing to
oat?" "Oh, well," said Wilson,
tlio. K!lH " ttnrJ a tjiilf
D , .. V/. Q...I
was at onco produceo. Wilson very
demurely carried the bag to tlio era
die, turned down the infantile bed
clothing and procoodod to rub, right
then and there, that baby all over its
back and all. Moanwhilo the matron
standing with eves widooncn watch
ed the operations closely. Finally
alio oxclaimod: "Goodness Hakes,
what are yon doing with tho baby ?"
"Oh," Bays Wilson, quietly "you
havo nothing in tho houso to oat; wo
aro hungry ; wo came from a long
way just to see you ; we must cat.
and when this baby is salted sufficiently
we aro going to oat him." It is
needless to add that in a remarkably
short space of time that baby was
ransomed by aa line a dinnor being
I corunrl ao 1. - 1
fci uv. n.u ii'mrus ui
a Pennyalvariift farm house."
The Press of tho Stato is agitating
the question of an organization of tho
Conservative party, and it is right
that so grave and important a matter
should have propor consideration.
Tl. _ _ 1 J t %
alio oki uucb should be blotted out
and the old time leaders asked to retire.
We do not propose any plan
and fhirilt honestly that tho fewer the
( phVns the better, but wo do think that
ft now Coil 1*^0 with new leaders
fchoiild be insisted on by such ot the
Press who show ft disposition to ilis
rect opinion. Old things should bo
done iiwiiy with, prejudices laid aside
or buried is the better term, and all
tl.e best elements brought together to
light against tho eorrnntinn wl?I/*li
riots so rankly over the State. Tho
fight should bo made squarely against
rascality, il anything is expected to
eoino of it. Thero can be no objec~
tion to organizing, provided it be
dour with pio'lnt" ?" '
... ...... niauvill (tlltl U 13V;i Ul H'll.
There is enough of good material in
tho Republican party, which, if it can
ho secured to help in the good cause
of purging the State, to in3ure a vies
tor}'. Let the proper effort bo made
to attach that element to tho Conscruotitrn
TT 11
(uki* u oiuv;.?nowuun y Liuruiu.
Somk Boston Theatre Goeks ASTONISHED.?At
tllO 111118011111 last llight,
just as the orchestra wcro taking
their scats, a mail apparently about
forty years of ago, well dressed, and
of intelligent appearance, arose in
centro ot the balcony and said in a
dear voice.
Liiiuiea ana uenuouiou; Uelorc tiic
I entertainment cotnmcncca this ovens
ing, 1 should like to tell you all tliat
unlt'38 you change your way of living
and follow in the footsteps of
Jesus Christ, instead of wasting your
lives in theatres, you will all certainly
go to hell.
The audience was at first so as*
toniehed that thero was a momentary
silence, which was followed by ming*
I _ 1 i i % 1 '
icu appiausoanu meses, ami ino man
was put out by tho ushers without a
show of resistanco and apparantly
any desire to stay, lie then went
directly to tho Boston Theatre, and
tho curtain had just risen who'i he
arose again in tho centre of the balcony
and Bftid:
Ladies and Gentlemen: I am sent
hereto interrupt this performance
by the Iiord Jesus Cln ist. I warn
yon of your dangor.
Again he was ushered out, and
this tiino was taken to tho police station.
lie gave tho name of Andrew
Leslie, formerly of St. Louis, Missouri,
and lately a member of (he
divinity school at Cambridge. As
i.~ 1 i?i?:? 1~~ ..
iiu ouuiucu iu uu liiuui nij.; iiiiuui a
temporary insanity, Dr. Fojs was
gumnionccl, and decided that the
temporary illness was caused l>y over
work.?Boston Advertiser.
A returned Enoch Ardon was tear*
ing around and lading at a christain
community"that woidd allow a woman
to starve nearly to death in tho ahunnnn
nf lint* litiohond 1 imi i K id
lie left her in tlio days of hoop-skirts
looking like thisO, anil on l?is return
found |hor pinned back and looking
liko this I. Tlio impression that kIio
had starved was natural.
Thus far tbo indications arc that
thoro will bo a largely increase registration
in Mississippi, the Democrats
gaining notably?so notably,
indeed, that with the accessions of
strength from tlio respectable colored
men which aroeverywhere reported,
their proRpectsot redeeming the
States are most excellent.
Two sons ot tho Emerald Islo paid
a visit to Foirmount Park, l'hiludol
luuvutij . i nuy viwiiou uio wiiiur
works. Looking on with amusement
at tho great turbine wheels while in
motion, ono exclaimed to tho othor;
"Faith, Pat, tho Amoricnns must bo
square pooplo; they must have thoir
Wftther ground before thoy can drink
Dtf. Pieroe ota .
- DltMsi >M#p
Tho verier rfble Itev. f,t)viokfW<5?r
D. D., has a long *tfqfr6\v
to ladies," in the Souther CHvrldMarf
AdvocfCte,- in which lio tlinu paya Ui^1*
respects to the a'bonYinribTo Btylo mt
nili bao.k <1 manna*
I ~ ' wwwwvi i I ) : ' V
Tho graduates o't tlie WeaTyrtfi F^>
itfalo College liavC tally verefiod ftlt
I ever ]>l6a'd in Woman's ftivo'i1 as t6'
original nYentul criodowmoiif&i' but
have utterly failed to establish ttyo
moral" evidence of a great inlnd/.b'y
the despising of little tiling, C8|>6cN
ally ridiculous fusions, tlfan which
none tnoro so lias civcr dral&norecf
yonY sex than the present! pfn'
back fusion, Since 1807/ atwjhich
time! was stationed at Augusta, ami
when tight! di'csses on' young ladies
was carried so lar that eovoiing ajl
they aimed at, concealmont waf i{^
noruu. mis outrage upon worafinly
propriety w'e'nt on until tho laoeratod
senso of fomnlo modesty left to tb?
surviving matrons ot tho day, and
the disgust of gentlemon who had a
much higher sense of wonman'a place
in society than making herself. the
amusement of libertines, arrested it
bv unmistakable donnnf'tsiliori Tlmarf
shameful (lr esses woro made ,
wittingly. Tlio pattern was as scant
as the dress. But now, after thq iyjh
vanco of mental culture for sixty y
eight years, all that the fashion following
women have gained, is plenty
of goods tor a full flowing dress, but
pinned back without any grace, for
1? giiivuui {'inning UilUli, tJVUI'JT CHITdid
woman will acknowledge, is A
natural impossibility. iience, to
make tight, so na to moot the most
ridiculous demand ot fashion ever
imposed on women, it i>s by pinning
back an otherwise anplc dress, so ftt?
to force a covered dis, lay^of clostf
wrapped joints nnd ankle, fto'iias
?: 1 i - >?
iiua iiiniuii n'jiwu ll|)Ull l 111' WOUieiJ,
that oven eldeily ladios, that oonkl
not brook so glaring an exposure,
will nevei theless, pin back a littlo.
How is tliis? Why is this? Thero
i3 not a lady in Georuia in whom tbo
normal lias not been sacriiicetl ?8 art
offering to the abnormal, but what
will admit this pinning back oi" urea
ses up to tlio tight point is tho inosl
supremely ridiculous and ugly fashion
ever taken on l>y our cultivated
jrt'j tno
~ ?
Tiik Study ok Astronomy.?The
young man who had always man*
irested an interest in the hoavens
above him, says (lie San Francisco
Chroicle, paid his quarter and was
loM to pick out any star lie pleased ,
and ieot hi; oyce on it. lie glued
his optica to the small end ot the
tube, and after shoving the machine
about lor some seconds, suddenly became
wrapt in the study of something
which appeared to give him the
highest satisfaction. For several
minutes lie stood ah iminovablo as a
statue. '"(idoss lie's goin' to grow
there," growled a man waiting for a
chance. "Perhaps lie never saw ?
telof-c >pe before," said somebody cite.
"Young man," icuiarked the owner
of the tube, "if yen propose to moI
Iia in. f i? ? iUii i f \TH 1 1*1 11 of i\4f %>
IWJ.UMS.W U...W.VJV r..j
more." Tho only answer made by
(lie fellow was t > qnio'ly p(itfhs lintld
in his pocket, and, without taking hid
eye away fro in the opening, hand
the man four hits.
For nearly fitieon minutea the btu?
uent ol astronomy Kept uj) a rapturs
ed and uninterrupted j;a/.o npou tho
heavens, and paid his regular assessnient
every tiinu lie was ealled on.
The owner of the telescope was tak?
i 11 in a rieli harvoot. Suddenly thefb
w:i? 21 Idih* (li-iivvn fcioli. and. i SKimr
- - r> r-? i > ?, ts
Irom liia stooping position, t'he young
man stood up. "Mister, that's a good
telescope ami 1 am satisfied with the
show." Then lio walked on, and the
next man who went to look M/ a
heavenly hody, didn't s.'o it, fioin'
tho simple fact that thehouso on TbI <
egraph Hill which had heon in tho
toeua ol tr.svt ti;le8cope i<?r me past*
iittoun minutes was ik> luugur illtuninatecl,
and iliu g'rl wl.osc chamber
hud lieuti j uci'cd into ?u tilea^ily liud
1 #ono to bed. i

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