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The Pickens sentinel. (Pickens, S.C.) 1871-1903, March 22, 1894, Image 1

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voi2. xxii. ~PICKENS, S. C., THURSDAY, MARCH 22,184NO 27
Judge Simont on's Strong Decision Ag lost
the italtr< ada-They Mukt, Fy Their
Taxes and the Oobt--Gov. Tillman Thinks
It Will End the Figbt.
COLUMUIA, March 15.-The State of
South Carolina and the present admin
istration have gained a big and decisive
victory in the ight with the railroads
for the payment of taxes as assessed by
the State Board of Equalization. Judge
Simonton, in a decision rendered at
Charleston on Tuesday, the most im
portant portions of which are published
ordered that the South Carolina 'R1oad
pay what is due the State and the costs
of the proceedings. It is conceded that
- this decision is practically -one against
all the roads which have been resisting
the payment, and the State gosernment
now looks for the railroads to begirn to
settle without further fighting. It is not
thought that any appeal will be taken
to the Supreme Court of the United
It is not necessary to review the pro
tracted fight which has been in pro
gress between the State and the rail.
roads for over two years. It began,
however, by the State Board of Equali
zation taking the position that the
railroads were not paying taxes in pra
portion to the amount paid by the av
erage citizen. The returns which the
roads had made were increased to what
was adjudged to be about 60 per cent.
of the value of the property. It will be
remembered that the roads refused to
pay except on the returns which they
had made and which they'claimed were
fair and equitable. A long fight in the
courts resulted, but the mattar has nev
er before come up squarely on its mer
its. Heretofore all the cases have been
on technicalities, and the State has not
been wholly successful in these fights.
These cases were immaterial to the
main issue, onwhich the administration
was confident of winning.
Judge Simonton's decision is a thor
ough knockout and the roads cannot
fall to see it in that light. Governor
Tillman was in a good humor when the
reporters saw him yesteraay and asked
him about the decision of Judge Simon
ton. "I regard the decision," he said
"as the conclusion of. all the railroad
litigation. The case which has been
decided- was a test case. and we have
won. I have felt confident all the time
that we would win."
When asked as to whether he thought
there would be an appeal, he said he
did not think so, at least in the case of
the South Carolina Road. Judge Sim
onton, he concluded, is the boss of that
road and consequently the boss of Re
ceiver ChamberlainI who is a creature
of Judge Simonton S court. Whatever
Judge Simonton orders must be done.
The othee roads, which the decision in
directly affects, inasmuch as the decis
ion in regard to them will be the same
as.the South Caroliaa Road, may take
an appeal to the Supreme Court.
Governor Tillman, however, thinks
that all the roads will pay what they
owe at once, and avoid any proceedings
which might be taken to forfeit their
charters, the last Legislature having
passed an Act authorizing the forfeit
ure of the charters of the roads which
resist the payment of taxes imposed on
them by the State.
The total amount due the State by
the roads is about $200,000. This
amount is the difference between what
the State has all along claimed was due
and the amount which the roads have
admitted was due. The roads- have ev
ery year paid the amount they admit
ted to be due.
State Treasurer Bates will not have
to borrow money for some time to meet
the claims against the State.
The title of the case decidel by Judge
Simonton was D. H. Chamberlain, re
ceiver of the South Carolina .Railway
Companyt~igainst George HI. Walter,
-County Treasurer of Charleston, and
Hugh Ferguson, Sheriff of the same
The complaint sts forth that thi
road had been returned at 813,0t per
mile and thait the State Board iised
this to $16,000 per mile, also raising the
returns of the Three C's lRoad from
$5,000 to $10,000 per mile. The bill al
leges that tbis assessment is unjust, in
asmuch as It is above the assessment
Smade on the average real and personal
property throughout the State, and
that the State Board of Equalizat ion
violated the Constitution of the State
which provides that all property shall
be taxed in proportioti to its value. The
"'bill further charges that the act of the
board In raising the assessment is it
self null and void, and the assessment
Is illegRtl because this is not within the
powers of the board.
The attorneys for the railroad were
yBrawley & Barnwell and Mitchell &
Smith, and for the State Attorney Gen
eral Buchanan, Ira B. Jones and Sam
L Lord.
Judge Simontoni's decision is as fol
It 1s well at the threshold to define
the limit of the power of this court
over the subject matter of this suit. It
cannot review the assessment made by
the State officials simply upon the
ground that it is excessive. (Starling
vs. the Supervisors, 121 U. S., 549. Nor
can it make a new assessment or direct
another to be made. (State Railroad
Tax Cases, 92 U. 85, 615.) Nor can it
initerfere upon the ground that the tax
is illegal. (Williams vs. Albany Co.,
122 U.S5., 154; Leggpt vs. Alley, 130 U. S
177.) Nor can it 'Thterfere because the
court would prefer and would have
adopted a different flystem., (W. U. Tel.
Co.M's. Massachusetts, 125 U. 8., 553;
Davenport National Bank vs. 8.uper
visdrs, 128 U. S., 83.) "So long as a
State, by its laws prescribing the mode
and subject of t,scation, does not in
trench upon the legitimate authority
of the Union or violate any rIght re
cog zed or secured by the Conatitu
tiom-6f the Uqited States the Federal
Courts, as between the State and the
citizen, can afford the latter no relief
akainst State taxation ho wever un just,
oressive or onerous it may bie.
(Krkland vs. I~otchklss, 100 U. 8, 491;
Memphis Gas Light Qo. vs. Shelby Co.,
109 U.S., 808.) All these are questions
for the State alone and aire within its
police power. But when the overval
uaition of property assessed for taxa
tion has arisen from the adoption of a
rule of appraisemnt which conflicts
with a constitutional or statutory di
fedtion, and operates unequally, not
merely on a single individual, but on a
larda clanso nd iidas or corpora.
blons the courts can give redress4o the
party aggriev - thereby. (Stanley vs.
Supervisors, 1 U. S. 551.) It is put
Miearly and terselv in Cummings vs.
National Bank, 101 U. S., 147: "When
a rule or system of valuation is adopt
ed by those whose duty it is to make
the assessment which is designed to
operate unequally and to violate a fun
[lamental principle of the Constitution
and when this rule is applied ot solely
to one individual, but to a i ge class'
of individuals orcorporations."
We see that there is an essential in
gredient. Those whose duty it is to
ake the assessment must adopt a rule
)r system of vuluation with the design
hat it shall operate 'equally and vio
late some fundamental principle of the
What is the rule or system of taxa
;lon adopted by the Board of .Equaliza
Alon for railroads? The General As
iembly of South Carolina are instruct
3d by the Constitution to prescribe
mch regulations as will secure a just
valuation for taxation of all property
under a uniform and equal rate of as
3essment and taxation. (Article 9,
Section 1.) The Act passed pursuant
thereto provides that "All property
ihall be valued for taxation at its true
value in money, which in all cases not
otherwise especially provided for by
law shall be as follows, to wit: For
personal property, the usual selling
price on the usual terms of similar
property at administrator's or execu.
tor's sales at the place where the return
Is made, and for real property the
usual selling price on the usual terms
of similar property at sales for parti
tion under the order of court at the
place where the return is made. If
there be no selling price then what is
honestly believed could be obtained for
the same at a fair sale under the con
litions before mentioned ?" (General
Statutes of South Carolina, Section
19.) Apart from the consideration
that even if the assessment fixed by
this board on the property of complain
ant is excessive this court cannot in
terfere. (Stanley vs. the Supervisors,
supra.) There is no reason to think
that the board do not in the language
of the Act "honestly believe that the
value fixed by them on this property is
its selling price at a fair sale." Indeed
this last conclusion is not denied. The
complainant avers that the property
was returned by him at 60 or 65 per
cent. of its real value in his estimation.
And we can presume that when it was
raised by the board they acted under
the statute. The ground for complaint
is that by uniform and notorious prac
tice other real and personal property is
assessed for taxation at about 50 to 60
per cent. of its value notwithstanding
the Act of Assembly, and that this ac
tion of the Board of Equalization for
railroads, departing from this practice
in the case of railroad property Nas
with the design, intent and purpose of
putting the burden of tax alone on
railroads and not in order to carry out
the provision of the Act of Assembly.
Evidence of this design is deduced
from the course pursued with regard
to otner property in the State, and the
practice prevailing of assessing such
property below its real value in money,
a practice well known to this board
and departed from by them in assess
tng the properly of railroads.
In South Carolina the general mode
of assessing property for taxation is as
follows: Each county in the State is
divid.ed into tax districts, small territu
rial sub-divisions, for the sake of con
venience. The County Auditor ap
points for each tax district three free
holders resident therein as a board of
aessessors. They meet, organize, elect
a chairman and proceed to assess for
taxation all the real and personal prop
erty in their tax district. This assess.
ment is sent to the County Auditor, by
whom it is submitted to the County
Board of Equalizition, which consists
of all the chairmen of the tax district
boards. This county board meets at
the office of the Auditor and examines
the returns of all the tax district
boards. If any property, real or per
sonal, has been returned below its true
value they raise the assessment. If
above such value they decrease it.
They cannot reduce the aggregate be
low the aggregate of all the returns of
the tax district boards. The chairmen
of the county boards constitute the
State Board of Equalization. It in
turn reviews the action of all the coun
ty boards. It has the same power as
to increasing or diminishing values
that the county boards have. The
Auditors of the counties act as clerks
of the county boards, and the Coropt
roller General attends upon the State
With regard to railroad property an
entirely different method prevails. The
president and secretary of each com
pany is required annually to make re
turns to Lhe Comptroller General of
the railroad property and' its value.
'rhese returns are submitted by the
Comptroller General for consideration
and action to a board consisting of
State officers, the Attorney General,the
Comptroller General, the Secretary of
State and the State Treasurer. Their
duties are to "equalize the value of the
property of railroad companies by in
creasing the value of the roads and
property of such company as shall in
their judgment have been returned at
too-low a valuation and diminishing
the value of such as may have been re
turned at too high a valuation." Geun
eral Statutes, Section 180. The term
here used is "equalize." laut as there
is no aggregate to be maintained as in
the case of county taxes, this word
must be used with reference to the lan
gualge of the Constitution and must be
construed to mean to secure equality.
This board is entirely distinct in per
sonnel and otherwise from the other
boards above referred to.
A mass of testimony has been taken
and has been flied with the record with
respect to the mode and practice of as
sessment by the tax districot and coun
ty boards. It would consume too
tnuch time to go inito this detail. The
result shows that for a long period of
tinme, up to recent date, and perhaps'up
to this time, the provisions of the Act
of Assembly have not been regarded
ap real and personal property have
bIken assessed for taxation below the
real value in money. But nowhere does
it appear in the testimony that this is
the result of preconcert, connivance or
conspiracy between and among the
boards, such as a ppears in Cummmngs
vs. National Bank, supra. There is ev.
dence of coincidence in opinion and ac
tion of concurrence in metflods and in
general result, but none whatever, that
is of direct evidence, of preconcert in
action. Such concert of action may
possibly be inferred from similarity in
the result, but the evidnnce sho tha
although the boards all assessed real
and personal property below its real
value in money the course of the sev
eral boards was capricious, without
fixed method or percentage. Although
the average of valuation was below
the value in money in all the counties
concerning which testimony was offer- .
ed, in some of the counties parcels of
land were assessed some above and
some below their true value in money,
notably in Richland County. But is
this coincidence of action and result
on the part of tax district and county
boards conclusive evidence of design to
put the burden of taxation on rail- r
road companies ? Is it susceptible of I
other explanation? It would seem that 1
it is the result of a vice in the system
of assessment. The tax district boards o
make the first assessment. By law they v
must be freeholders resident in the tax f,
district. They have a direct personal in- ,
terest in alow assessmentand their en
vironment induces them to make it. d
When men deal with the interest of
the government and of the citizen all
doebts are solved in ravor of the citi
zen. This must be said, however in a
explanation and perhaps in justiaca- 1
tion of the action of these boards. In t
an agricultural community, and in a
one dependent upon the well being of t4
the agriculturists, it is impossible to a
fix the value of lands. A succession of b
bad crops will make land unsalable. 0
One good crop will create a demand si
and a selling price. So what land may sl
bring if sold depends not on its Intrin- t
sic value so much as on the circum- t
stances under which it Is sold. Taxea
must be paid without regard to sea- P
sons or crops. Hence the average val- v
uation designated to cover a period of
five years. If there be no preponder- d
ance of evidence showiug design on t'
the part of the tax district and county 9
assessors to throw the burden on the I
railroads, is there any evidence from e
which such design can be inferred on d
the part of this board of equalization p
for railroads? The Comptroller Gen- e
eral, one of this board and from his of
ficial duties and experience the leading i
member of the board, probably deduct
ing and controlling its action in his
Qfficial report to the Legislature in 1
1891, calls the attention of that body to 0
the low rate of assessment of much of I
the property in the State and urges 1k
legislation to correct the evil. And v
when we consider the independent
action of this board under a statute u
imperatively requiring them in malr 1
ing assessment to take as a standar 1
the true value of the property in mon
ey, and also consider the admission of t
the bill, that the return was about 65
per cent. of the real value, $13,000 per
mile, and that the increase to $16,000,
making it about 80 per cent.. we can
not hold that this increase in assess
ment is so excessive and unjust as nee.
essarily to indioate the design and mo
tive charged.
Another objection to the action of
the board of equalization for railroads t
is that notwithstanding the fact that
a large part of the property of railroad f
companies is land, they are assessed c
annually. The State Constitution a
diredts that lands shall be assessed t
every five years, and this practice is ob- e
served with respect to all lands except
those of railroad companies. This in- a
dicates design to oppress railroad com
panies, and at all events violates the
fourteenth amendment. The Constitu
tion of South Carolina (Article 9, Sec
tion 1,) directs the General Assembly
to "provide by law for a uniform and 9
equal rate of assesment and taxation.' I
It gives the General Ascembly full dis- 1
cretion "to prescribe such regulations u
as shall secure a just valuation for tax- ]
ation of all property." The Ganeral t
Assembly obeyed the direction by re- d
quireing all properity to be assessed at
its true value in money. Exercising
its discretion it prescibe a set of regula'
tions, which, in its judgement, secured
a just valuation of rairead property
for taxation. A railroad is a unit, every.
part contributing to its purposes as a
whole, If it be a corporation its cor
porate purpose is the maintaining a 1
railroad and all and every part of this t
property must contribute to this pur
pose. its right of eminent domain isE
limited to this purpose. Th'is unit is
made up of lands, personal property,
choses in action, easements, all depend
ent upon and inseparable from each
other, deviding their value from this
inseparability, from the fact that they
contribute to this unit. They differ
from every other species of property,
and the discrimination made as be
tween them and other carporations and
individuals in the mothods~ and instru-C
mentality by which the value of their I
property is ascertained Is not invalid. 1
(Kentucky Railroad Tax Cases, 115 U.
S., 337;8State Railroad Tax, Cases, 92 1
U. S., 611.) The mode prescribed by
the Legislature of this State is to get
at the value of the plant, that is of all
these elements going to make up the
railroad, and to ascartain what their
combined contributions makingu
this unit are worth. If they separate
the component parts and attempted to
fix separate values upon them they
would enter into an impossible task,
The value ef the lands of a railroad de
pend much on the character and 'com.- t
pleteness of its rolling stock. The util
ity and consequent value of the rolling
stock depend largely upon the facilitIes
at stations and at termini, the amount<
location and character of the land used
After careful consideration there ap
pears no evidence of such a design 'as
will alone give this court jurisdiction.
Let an order be taken authorizing
and instructing the receiver of South
Carolina Railway Company to pay
from the funds in his hands as such i
received the remainder of the tax un- [
paid and the costs of these proceedings I
Circuit Judge.
March 13, 1894.
Tnarred Flornd.
NAanrvirtax,Tenn., March 9.-George
A. Smith, a farmer, about 35 years ot'
age, in the edge of ickett county, sev
eral miles above Cellaa, went home I
drunk Wednesday night, and brutally
murdered his youngest child, after I
which- he beat his wife in a horribler
manner, cutting her thorat and then
crushing her head. Leaving his bleed
ing victims, he repaired to the house of
his sister-in-law, a short distance away,
and ftnding her sick in bee, grasped her
by the hair and dragged her on to the
floor, stamping her. .'he managed to
escape from him and alarmed the
neighborhood, who soon discovered
Smith's terrible crime. Smith has tied
the neighborhood and his whereaboutsJ
lare no nwn, le will very likely be
lynced i capured
'he Colorado Senator Pitches Into the
Leader of the Goldbiugs'aud Dresses Him
Down Neat'y and Thoroughly---Bland
Bill Will be P4assed To-day.
WABIHINGTON, March 14 -After the
outine morning business, the Senate at
2:30 resumed consideration of the
gland bill.
Dolph (Rep.) of Oregon stated that as
bjection had been withdrawn to the
rinting of the extracts which he had re
.rred to in his spech yesterday, he
rould considerjthat speech as ended.
Then Teller (Rep.) of Colorado ad.
ressed the Senate in supportof the bill.
le denied the assumption of Sherman
nd of other Senators who had argued
gainst the bill, that the Act of 1890
ift the coinage of silver to the diecre
on of the Secretary of the Treasury, :
nd he declared that the Act was manda.
yry and that under it the Secretary
hould coin as many silver dollars as he
ad issued Treasury notes. If $155,
00,000 ot Treasury notes had been Is
aed, then 155,000,000 of silver dollars
bould be coined for the redemption of
2i Treasury notes. He claimed that
te difference between the purchase
rice of the silver bulliori and its mint
alue should be put into money and used
:r current expenses-because the Act
eclared that the seigniorage should be
iroed into the Treasury. and be also ar
ued that the proper execution of the
tw required that there should be for
very dollar of Treasury notes a silver
ollar lying in the Treasury ready to be
aid out to the man who demanded it in
xchange for Treasury notes.
There were one or two other points
i Sherman's speech which he desired to
ontradict. Wae of them was the state.
ient that there was a board of 364,000,
00 of silver dollars lying idle in the
.reasury. "There is no hoard ot that i
md in the Treasury," Teller asserted
nith empaheis.
"The statement is an untruth. Sher
aau spoke of it as an idle board. There
3 no idle money in the Treasury of the
Jnited States. There has been no idle
ilver money in the Treasury, except
hat which lies behind the Treasury
totes, to the extentof $35,000.000. The
tatement made here by a member of
he Committee on Finan ce (Mr. Sher
man) and sent broadcast to the world
;hat we havea hoard of $364,000,000 of
die silver money in the Treasury is un
?vorthyl a place in this Senate. It Is
tbsolutely untrue, and is known to be
matrue by every member of this body.
kad yet that is the kind of food that le
ed t0 the People by those who put this
ountry on the gold standard; and who
re not satisfied wiih having destroyed
he industrles of the country, but are
ow attemptingto disgrace us as Sena
ore by showing that we are supporting
,bill infamous in its character, and by i
nisrepresenting the facts to the people
f the world. This debate has been I
lost untair, as dobite hasialways been i
n the pait of the men who advocate the
old standard. It has been unfair in I
nany respects. It is unfair, or else it
acks in intelligence; and frequently it is
infair and lacks in intelligence also.
Every dollar of silver money that has
een coined is doing money duty and is
loing it with infnitely more poteracy
,nd power than any gold money that Is
ni circulatlen in the United States. A
nore unair and untruthful statement
ould not have been malfde."1
Teller said that he would not consider
t a very great disaster ii the country
vere on a silver basis. It was on a gold
asis now and the condition of the coun
ry was not a happy one and it was a
iotorious fact that countries which used
iilver as standard money only were in
ietter condition than the United States
wvas in. This was the only country in
hle world. Teller said, whose legisla
~ora depreciated is money. Why was it
~hat France could doat eight or nine hun
ired millions of silver mone3? It was
ecause no Frenchman ever dared to
tand up in a legislative body in that
:ountry and declare that the money of
:ountry was not good money. It was
eft 'for this country alonge to have its
egislative members to repudiate the
overnment money. Since 1878 there
adi been a "continued attempt by the
L'reasury Department to depreciate the
ilver money of the country. All the
~reat commercial and banking agencies
ii the country, led or supportedl by the
~reat metropolitan piress, had been
ndeavoring to make the people believe
hat silver was unfit for money and it
vould not discharge money duty. l'he
5enators from Ohio, Wisconsin and
)regou (Sherman, Vilas and Dolph) had
old the Senate that the American sil-1
rer dollar was a forty-five cent, dollar.1
'But." Teller asked, "has it any where
ailed to buy one hundred cents worth1
f anything which anybody has to seli?
t is true that measured in gold it will
mnly bring 45 cents. bait measured in
onirmodities it will buy sixty per cent.
nore of wheat, of corn and of cotton
han it did in 1872. It is a dollar which
s as good as gold."
George (Dem.) of Mississinpi argued
n support of the bill, although lhe ad
nitted that it was "artificially drawn,
napt in expression and with some am
ilguity in it.
1t was not, he said, a feee coinage
neasure. lie wished that It were, if
here was any chance of its becoming
aw. The bill proposed only to require
a specific terms the coinage of silver
Iready pu chased, already owned by the
overnment andl already 'quired by
aw to b3 coined.
While Gee ge was still speaking, the
tour of 2 o'clock arrived, and then Hiar
'is (D~em ) of Tennessea rose and de
nanded in acco dance with the terms of
mnanimous consent, that, the vote be
aken on Mr. Allison's motion to rec in
sider the vote ordering the bill to third
eadiing. The vote was taken'and the
notion was disagreed to--yeas 28, nay.
15, as foliowe:
Yeas-Aldrich, Allison, Brice, Caf
ery, Carey, Chandler, Cullom, Davis,1
Dolph, Frye, Galhinger, Hale, Hawley,
loar, Lodge, McMillin, MacPherson,
{andrsan. Mitchell of Wisconsin, Mr
rill, Pal-ner, Proctor, Quay, Smitt
Stockbridge, Vilas. Washburn, Wilson
Nays-Allen. Bate, Berry, Black
burn, Blanchard, Butler, Call, Camden
Cockrell, Coke, Colquitt, Daniel, Du
bois, Faulkner, Gibson, Gordon, Hans
brough, Harris, Hill; Irby. Jones c-f Ar.
kansas, Kyle, Lindoay, Martin, Mills
Mitchell of Oregon, Morgan, Murphy.
Pasco, Peffer, Perkins, Pettigrew, Pow
or, Pugb,Ransom, Roach. Shoup. Squire
Stewart Teller, Turple, Vest, Voorhees,
White, Wolcott-45
The Democratic Senators who voted
In the affirmative were: Brice, Cbfl'ery,
MfcPherson, Palmer, Smith, and Vilas.
rhe Republicans who voted in the nega
ive were: Dubols. Hansbrough. Mitch
ill of Oregon, Petturrew Power. Sboup,
squire, Stewart, Teller and Wolcott,
L'be three Populist Senators, Allen,
Cyle and Peffry, vo'.ed no.
Manderson (Rep.) of Nebraska then
noved to refer the bill to the Committee
in Finonce with instructions to amend
t so as to provide that the silver certill
iates shallby increased owily in anticipa
ion or In lieu of the seigniorage. He said
hat the bill had been characterized
iven by its friends as crude, rough and
ingramatical, and that the debate had
bown that those who understood the
English lanauage were at sea as to what
he bill meant. Manderson's motion
as rejected, yeas 27, nays 44.
Then it was proposed by Harris to
ibrogate the agreement that the re
nainder of the discussion be under the
lve minute rule. He proposed that the
lebate be general, a vote to be taken at
I o'clock tomorrow on the passage of
he bill. Unanimous consent was given
ind George resumed his argument in
upport of the bill.
George was followed by Carey (Rep.)
>f Wyoming, who argzued against the
ifll and then at 5.25, after a short exe
utive session, the Senate adjourned.
The Murderers Sen.
COLUMBIA, S. 0., March 12.-The
bread of circumstances woven around
andrews, Weeks and McCloud as the
nurderers of Mr.Gayden grow thicker
L'wo gentlemen who arrived from Eas.
'over this afternoon report that the
'hree men were seen at the mouth of
he Wateree river this morning paddle
ing down it in a boat. They were pul
king for all they were worth. A gov
3rnment snag boat is at the mouth o
the river, and the people employed or
It had not yet heard of the murder
They met one of a party searching fo
the murderers,who asked hadthey seei
three men passing that way, The re
ply was that three men had been seei
n a boat, and the description of then
tallied exactly with that of Andrew
Weeks and McCloud. As soon as pos
sible word was sent to Eastover, an
the searching parties mapped out 6
line of procedure. Mr. Frank Weston
Ur. Crousee and three or four others
Immediately went to Sumter, where
;hey were to take the Charleston,
sumter and Northern for Vance's near
Phe Santee bridge, for the purpose of
vertaking them. Another party com
osed of twelve or fifteen men went on
iorseback on either side of the river,
md were to ride down and make a
;horough search all along the banks
ind surrounding country.
That these three suspected men
ihould thus be seen together seems to
e almost positive proof that they are
he parties wanted. The chances for
?beir capture appeared good, as it is
iardly possible that they can escape
he posse on both sides of the river
d that at the bridge. Unless some
,hing unforeseen happens, John Gay
len's murerers will be captured today
>r this week, at the outside. When
hey are, it is a question whether they
vilL be brought back to Wedgelld. II
s believed that whatever caught they
vlll be hung or shot on the spot. The
~haracter of the crowd precludes any
much action. They will weigh the tee
itimony and act accordingly.
Hite Them Hard.
For s-metime past the Lancastel
Review and some of its subscribere
tiave been having a controversy aboul
3ertain utterances of the Review. Lasi
week communications were published
in the Review from Messrs. J. F. Nis
bett and James Cullina pitching into
Ithe paper. The e'l tor replies in a twc
column article and among other thinge
uays: "Brothers Nisbet and Calline
seem to be nursing a grievance of somi
kmnd, but why do they come to the lRe
view with their jeremaide? If thel
lon't like the Review why do they reac
It ? Suppose that the Rview is nol
run as they think it should be run
what right have they to complain ol
Its management? One of these broth
era is not even a subscriber to the lie
view and the other, though he has beer
taking the paper for two or three yearu
has never paid us a red cent for it
A~nd yet they have the cheek to tell us
brough our own columns, that the pa
per is not being run to suit them-thai
it hasn't done this and it hasn't dont
hbat, which in their stupendous judg
nent it ought to have done. We are
ilways glad to receive suggestioni
nade in good faith by paying subscri
aers, in regard to the management and
editorial conduct of the Rieview, but ii
nakes 'that tired feeling' come over ui
to have persons who do not contribute
mnything whatever to the paper's sup.
port rear up on their hind legs, jerboa
ike, and patronizingly tell us how te
mttend to our own business."
A woman's Body,
?4IAGARA FALLS, March 9.-A big
sake of ice floating down the river to
ward the Horseshoe falls, whirling in
the rushing current and on it lay the
ody of a woman, her head hanging
iai f over the edge of the cake. As it
was swept past Loretto convent the
riuns were notifiedi 1y a sister who die
:overed the dead woman, and as the
Ice floated ny with its dead burden the
auns prayed for the dead and dying.
P~or an instant only the ice paused at
~he brink of the falls and then it was
s wept over into the seething mass of
water below. The body must have been
Prozen to the ice, for several hours later
it was seenin the rapids near the Am
srican shorey by a number ofj people.
L'he only way it would have gotten
lown there was by passing under the
)ig ice bridge which has formed. No
mttempt was made to reach the body,
'or it could not have been secured
ander any circumstances, it will noi
3e rescued before the ice ielts. It is
iupposed the woman's body earns froir
tip the lake somewhere. It was clat
in a dress of darkr stunf
Usanuel Oheek's Checkered Career Sad
donly Brought to a Tragic Cloae.
ATLANTA, March 9.-Samuel Cheek
a contractor, well known in the city an4
surrounding country died at the Grad3
hospital from the effects of two bullel
wounds in the left breast; and thost
wounds were inflicted by his own hand,
For a number of years Cheek hae
maintained relations of the most ami
gable nature with his wife and children
ilot a jar of discord ever marring the
domestic felicity of wife and husband
each appearing to have perfect confi
dence in the other, while the sequel
shows that, during all these years, in
another part of the city, there has lived
another woman known as Mrs. Sam
Cheek. And this woman has borne him
two children.
How much longer this dual existence
of Sam Cheek would have gone on can
only be conjectured, but for the fact
that Cheek became involved in litiga
tion which resulted in a warrant being
issued for his arrest; his having to hide
out from the officers, and finally in a fit
of desperation, admitting all to his wife
and taking his own life.
The woman with whom Cheek had
been living was, when a girl of 10
some 10 years ago-taken to the home
of Cheek and cared for a long time, she
having no home, and later a permanent
home was secured for the girl with
Mrs. Cheek's sister living a few miles
away from the Cheek homestead, which
was then in a village about 20 miles
f rom Atlanta.
After a stay of nearly a year, the girl
who had given her name as Bertha
Cross, but whose real name was Blanch
Clayton left her new home and after
visiting the Cheek family, where she
spent a few days, left them, declaring
her intention of returning to her home
-somewhere in South Carolina.
And here begins the dual life of Sam
Cheek. lie had become infatuated
with the girl; brought her to Atlanta
and set up a second nome. And, not
withstandixg his family afterward
moved to this city, for years Sam Cheek
has managed to keep up his relations
with this woman without ever exciting
a breath of suspicion, either in the
breast of his wife, or among those with
whom he came in business contact.
Remorse and reverses, however final
ly so wrought him up, that he confessed
all and wandered away in the night, a
hunted criminal, and was afterward
found by his son in an old house in the
outskirts of the city dying from the
self inflicted wounds.
The boy had his father removed to
the hospital where he died without re
gaining consciousness.
Double-Deallog Daniel.
WASHINGTON, March 14.-I h iv
just seen a card publisued in the Newf
and courier, from the -Ion. D. A. J.
Sullivan, :announcing his witbdrawa;
from the race in the First Congression
al District. The publication of this
card, as well as reports that ihave been
circulated in South Carolina, to the ef
fect that I promised him to keep Dr.
btokes out of the race, and the further
fact, that some time ago while I was
at home in Laurnes a re ort was pub
lishod in the News and Courier that
1 had telegraphed for Mr. Sullivan to
come to Laurens to get him to run for
Congress in the First District, compels
me to say that I have had no talk or
communication with Mr. Sullivan upon
this subject since he left Washington
some time ago. Mr. Stokes was nom
inated for Congress at Summerville,
While Mr. Sullivan was here
and upon learning it, the lat
ter announced to me and others that
he would not be a candidate. le left
me fully impressed with that idea, and
no man w as more starprised than I was,
when he announced his intention to
run, which he followed up by frequent
visits to, and conferences in, Columbia,
with which the public must be familiar.
In reference to the Laurens incident
I will say that there is not a word oi
truth in that report. lie came to my
house after having telegraphed from
Charleston, my permission to see me
at my home in Laurens, to which I
consented. In conclusion I wish to
say, and I hope that every honest
newspaper that has published these re
ports will do me the jussice to publish
this letter, that I never promised Mr.
Sullivan or any one else to. keep Mr.
Stokes from running 'at any time, or
asked, encouraged or advised Mr. Sul
livan to run for Congress in that Con
gressional District.
J. L. M. Inny.
Fell Deadl in Court.
UNION, March 10.-Mr, Charles C.
Culp, one of the most prominent and
able lawyers of the- Unmon liar, diedl
very suddenly to-night. While sitting
in the bar listening to judge Melton's
speeh inthe Sims case lie fainted.
Dotr ere sulmmoned and he was
taken in one of the jury rooms, where
he died in ten minutes. Mr. Culp was
just in the prime of life and apparent
ly enjoying the best of health, ie was
one of the plaintiff's attorneys in the
Sims Jones case, which is now on trial
here. lile had about an hour before
completed his argument before the
jury, and it has been commented upbon
by many p orsons as one of the ableat
efforts of his life, ie was an im
pressive speaker and was a born orator.
ie was about 38 year old and has been
practicing at the PJnion liar since his
graduation. ie leaves several bro
thers and a host of friends to mourn his
untimely end. Court proceedings were
immediately suspended and lovig
hands conveyed the remains to his
home. The Pympathy of the entire
community is with the family in their
sad bereavement.-News and Courier.
Victory for the State.
CHIAJrLEsTrON, Miarch 13.-The State
gained a decisive victory over the rail
roads in the Unoited States Circuit
Court today, when Judge Simonton
filed a decree in the much litigated rail
road tax cases. Last year the assess
ment on all the railroad property was
arbitrarily raised by the board of
equalization. The railroads refused to
pay the taxes on the increased assess.
ment and carried the case into the
United States courts. They, however,
tendered the amount of taxces on the
old assessment. The case decided to
day was brought by D. 11. Chamber
lain, receiver of the South Carolina
Railway, to test the constitutionality
of the assessment made by the board ol
equalization. The court, in a lengthy
opinion, decided that the assessment
was not unconstitutional and orderi
the receiver, to pay the State the bal
t ance due anil also costs of the action.
Richlamd and Sumter Aroused by a Foul
Murder-The Interesting story of Gay
don'A Fatal Chase atter the Robbers
Ready for a Lynching Bee.
WEDGEFIELD, Sumter County, Uarch
10.-Mr. J. E. Gayden, a well-known
and most nopular citizen of Richland
County, who lives at E stover, was mur
dered late last night near this place.
Mr. Gayden, had taken a young lady
home fron the 9 o'clock train on the
Atlantic Coast Line, and was on his
way back to hi, residence when he saw
a light in the depot at EAstover. He
called to the person in the depot think.
ing that it was the night watchman.
Thiv man in the depot ran and Mr. Gay
den pursued him, but could not catch
him. He aroused the whole town, but for
various reasons no one would go with
him to pursue the thief on account of the
lateness of the hour. Mr. Gayden, is a
very courageous man and determined to
pursue him himself. He said he was
going and he caught the next train. He
got cff atthe Wateree junction and noth.
ing more was heard of him until this
morning, when his dead body was found
lying along the railroa4t side a little dis
tance above this place. He had a bul
let in his neck and had been struck on
the forehead by a heavy instru nent.
The people here were mystified, but
they knew Mr. Gayden and telegraphed
back to Eastover. They suspected at
once that he had caught up with the
thieves and had been murdered. There
was great excitement about Eastover
and a spacial coach was attached to a
freight train, which brought a large
crowd armed wit i shotguns and pistols
to the place this afternoon for the puv
pose of searching for the murderer.
Nothing was known as to who or where
the murderers were, but there was a de
termination pictured on every face to
bring the murderer to justice swift and
sure, without the formality of a leZal
How Mr. Gayden came to be shot is
not positively know, but the theory Is
that after getting off the train he came
up with the robber or robbers and they
shot him. The murderer fired five shots
at him and then jumped out of the rail
road cut and went some distance in an
adjoining field. He came back to where
his victim lay, probably io see what
damage his bullets had done. All this
is from tracks which were carefully traced
from where Mr. Gayden fell. At
a certain point in the field the murderer
bad emptied the shells from his pistol
and left them lying there. Mr. Gayden,
before he left Eastover, borrowed two
pistols and both of them were found on
his person. One of them was In his
hand but had not been fired. One cham
ber was empty, but it was so when he
got it. There are two theories advanced
as to who the murderers are. One is,
and it is the most plausible theory, that
a negro named John Cloud did the kill
When the robber was in the depot
he was trying to break open the safe.
He had pulled of his coat and laid it on
the floor, and when Mr. Gayden called to
him he ran and forgot to take it away.
It was found there last night, and the
negro pump hand at Eastover positive
ly identified It as a coat that he had seen
Cloud wearing about sundown that af
ternoon, lie had talked to Cloud and
had no doubts as to the identity of the
coat. Cloudd is from Sumter, but has
been living near Eastover lately, lie
has suddenly disappeared, and this In it
self is a suspicious circumstance. Some
gentlemen at this place are inclined to
belheve that two white men were con
nected with the killing. Two tramps
and a negro were seen at the junction
yedterday and they said they were go
ing to Eastover, but would be back that
night. The tracks leading fronm the
place where the murder occtirred show
that the man had about a number 7
shoe and had a high instep. The coro
ner has been holding an inquest here to.
day, but so fasr the above are in substance
facts as developed.
Mr. Gayden's body was brought to
this place and was prepared for burial.
It now lies in a box car on a side track,
but will be taken back to Eastover to
night. The crowd from Eastover that
came down are the best citizen of the
community. They are qaulet but deter
mined, and should they catch the right
man or men short work will be made of
them. Mr. Gayden was a universally
popular man and was prominent citizen
of the vicinity, lie was at one time
county comnmissoner, and was 'postmias
ter at Eastover when killed. Hie leaves a
wife and a larg~e family, It should have
b sen mentioned before that Mr. (iayden
knew the direction the robber took, and
that is why he took the train to over
take him, Hie carried a lantern, and
this probably gave the robber the beat
opportunity to shoot with fatal elect.
The lantern was found a short distance
from Mr. Gayden and it was still burn
ing, only one shot hit him on the left side
of the neck. The bullet was a 38-calibre
and went clear through. It was picked
up on the embavkment this morning
covered with blood. John Cloud, the
suspected man, is about five feet six in
ches tall and Is rather heavy set. He is
of a dark ginger cake color, and has one
tooth out on the right side. Telegrams
have been sent to Sumter and other
points asking that a close watch be kept
for such a man.-News and Courier.
SHIREYEtPORT, Lii., March 10.-Uni..
ted States Circuit Judge Boardman
presiding on a jury trial, gave judg
menit to the healrs of J. Leman vs.
Knights of Pytbias, for the amount of
the policy in that order, The payment
of the policy was contested on the sul
cidal clause. The aemount was $3,000.
This was a test case.
IMADRsD, March 10.-A dynamite
cartridge was exploded today In Funte
Rteboll, province ot Begovia, old castle.
killing the alcsde, or localj udge, and
also killing the sacristan of the local
church, The explosion is believed to be
the work of the nAm.ro.sst

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