OCR Interpretation


The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, May 30, 1874, Image 2

Image and text provided by University of South Carolina; Columbia, SC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84026920/1874-05-30/ed-1/seq-2/

What is OCR?


Thumbnail for

THE CRANGEBURG NEWS
AUGUSTUS 'II. KNOWI.TOX,
editor.
JtOI.IVKIS,
Financial and Business Makagkr.
Official Paper of the State and
of Orangeburg County.
THE ORAXGERURG NEWS HAS
A LA EG EH QFR G (/LA 77 OA' 77/ A .V
ANX^OTltER PAPER IX THE COL'X
-"^Iffij^^ 1871.
CA?T??ZAl^ ?WV Tltte WAIt
i m .L tawion/r evjtL sa-.di : ? r
0* .moo?>**aj;ia*ac ? ?? ui 1 ?
C0*fe %^af, (3Y9 Gods! ;.W.but
Bhall we do? Hide ourselves 7 No.
That would look like he had the best
of us. Our friends say ho has not. So
hero goes our second chapter on (ho
spoilt State Treasurer of South Carolina.
Had^wo known that he was so thin
skinned, howovcr, wc should havo touch -
cd MhVwniniog baby more doliu.it :ly,
and'applied soft soap and Mrs: Wins
low's ' Soothing Syrup, where wo piled
on the lash.
Ho;refuses to answer our questious
except by abuso of ourselves. That is
bis rigurV**
?ttisn^c^ncfn? 'sc Hebet. nisc coram
? Before proceeding with our reply to
Mr.jjGardozo, let U6 notice hurriedly his
manner.'of.reply; We simply inado the
Statement 'that there were thirty two
defaulting County Trcnsuicrs in this
State, aud that they owed the State
nearly four huudred thousand dollars .
This we got from Cardozo's own report,
and if'there is a libel eoataiu^d there
in, he is the guilty culprit, an 1 nit the
man who'gays it as he found ib. His
balderda^hl-does not affect us. As
jou'rnilists it is our provinco to give the
newYtoHhe people, and if Mr. Cardozo
r &os iv/ttyit fii .
intended.his report only for the Legis
lature, to bo read by the members in
their, rooms and no.other place, and for
the purpose of holping through the aj
pr?priation bill, then^^J^^T^i so
Mr. .Cardoso.'8 figures as official. It has
never been our practice to embark in a
waVof;billingsgate, although wc do not
deny pur enpacity to mako a proper
use of, t^e frame whenever a pressing
opportunity shall be oTorel, or a fat
suhjs^prejjeptod as a sacrifice Our
philosophy teaches us to argue.question3
co^nTy*"'^hd' dispassionately, especially
when'lhey a'fTect the weal or woe of the
State, aap, he who refuses to do so, is it
bigot},^ fool or a slave. That ho has
trfated;tho attaoks made upon him with
ctftitenrpt,- is no credit to himsalf or tho
poairmn?he occupies. It would have been
cVliim had he explained away all
tb^Jl^^r^lnora, that havo obtained cir
enja^o^yifc his induction into office.
;Mjp- ?ardOzo is plcnsod to oharacto rjze
our- Editorial' as a "singular compound
of ignorance and malice." Shall we say
tnaJ^Ve^ijTa ainr/lc compound of stupid
ity^.^He may champ the bit, foam aud
af^^yxe rolo of injured innocence, but
tho people of South Carolina will
regard 'him as the same F. J. Cardozo
wfio'^fifl'cBtinely took the Seal of th e
S'tateTo*^^. Yorkfor tho purpose of
sealing., bonds which ho himself ao
knowledges to be fraudulent. Shall uo
toVwhit on hiiii for this ? Certainly the
titna rnwi come when he will have to
answer'.'for his sins, and bow, along
?frith others,, before tho chastening
hand of justice. It is a fac!. that bis
popularity wanes in proportion as the
Mftfciry *f'his life becomes known to tho
people, and that tho placidity of his
risually ' ??omplaoent brow waxes into
flbcpef' 1/dcB as this truth grows upon
nf tty?ttfayiS t?J
W^to^uBS8 fiOaroer has bean a storm
wbercW ho has ridden suocossfuliy
th rough,' an d ouL o t r sc venil gnida t ion a
of life, bntrthe hand of an avenging Ne
mesis must sooner or later "imp-: V our
bald-coot Treasurer in an inevitable cloud
of-dark obscurity, and ftwocp him for
tH^L^^V^^kfiiiJotiy pinnaolo whoro ho
h?ri been perohed so long. This will bo
Mo the . infinite benefit of the State, and
:th?r.great sohl, whioh delights to por
->i- ?* bc^rat^o, Mve.'io spa^kibua^hiit
* alfr^e^^^sliyiri^runs, you must'fight
the daVil jwith^ro, and if Mr. Cardozo
had not shown in his rash rejoinder to
?up editorial of last week, that he
possessed a tcmpor akin to that of his
satanic majesty, wo should have boon
exceedingly amiablo iu our attitude'
towards him. Perhaps though, ho
imagines that his position is a wo inspir
ing, and that those who "have novo? had
any private conversations with him will
not dare to measure arms with the
mooted Mogul of the ring. Hero he is
mistaken. To bo State Troasurer is not
to have Aladdin's lamp.
Hereafter when Mr. Card ?so rustles
into print let him confine hiuiflslf to tho
question st issue, and not, in rambling
outside, indulge hl? taste for billingsgate.
Tho people want no harm to befall F.
,1. Cardoso moc then ho deserves.
Caligula wished that the Hornaus had
but one head that he might sever it.
\Ti5 one wishes that of Cardoso and his
confreres, although tho- union of Oi'imo
and debauchery at Cu'u-nbia isonough
to sicken the devil. Mr. Cardoso's fro
qucnt use of the words, "abmrd con
tcmp'.iblc and fal.diooi" only furnishes
an iudex to the tenor of his mind. Rut
let us pay that it will take more th in his
jackal winnings to dsturb tho c juanl
mity of our editorial balance, aud his
pen dipped in tho pois m of a tarautal-i
will not deter us fro a pursuing tho
right course, lie had better quietly
utteud to the duties of his olhcc, nud
strive to redeem his lost reputation,
which, in our opiuijti, he will find a
Carthage not no soon rebuilt.
So much lor Mr.Ca. billingsgtto. I<ot
us now examine hi* facts.
Mr. Cardozocharges Judge Andrews
with having got Humbert to cash tho
six thousand lollar order which brought
him out a defaulter. In our opi-iion
the State Treasurer wou'd br* r??sjtin '
his own interest by having as littlo to
say about the order in question as
possible. We charge that ho is as guMty
as any oueconncct:d with tho trans 1 c
tion Judge Androwit an I 11 um bort
ac'cd in good faith ; the former "to ro
ceiviug the money an! to* l.t tor in
jv^jig Why '!^^?mj?*c~~ft\<i ordor
W;1S * draw a iipon^5iato fundi and
CardV*0 B5fi*pwd it, endorsed it as
v>'t:>f.''T^rcasurcr, with the promise to pa y
it ns so6n? as the appropri.it.im bill
passed. Upon his endorsement IT urn
bert cashed it. Who is to blame ia
this? C-ifdoz) for.Disking thesociud ,
or duplicate order or Humbert who paid
the origin til with the acceptance of tho
Treasure-?
Mr. Cardozo says "thc never reported
thirty-two County Treasurers. The
devil ho didn't! Hii report is plii-i ,
and upon receiving it a resolution was
passed by the House instructing the
Attorney Genera) to proceed against
defaulters at once. This shows in wh it
light that body regarded the pirties
whom Mr. Corxhso is now pleased to
call dob tori. A defaulter moans om
who fails to periLrin a public duty ;
particularly oue who fails to account for
public money intrusted to his care,
Debtor means a person who owes
another either money, goods or services .
Now. how iti the name of common sense
can a Tr?nsurer become a debtor with
out becoming at the same time a de
faulter to tho State? Will the astuto
Cardozo inform us. We believe thnt
the term debtor is 'more significant in
its meaning, and wh<m applied to a
County Treasurer and his public relation
to the State, loaves no room for an)' one
to doubt tlio fact of his defalcation.
Therefore wo repont that those whnu
Cardozo reportod to the General Assen
bly as debtors are defaulters, aril that
the matter was so understood by a ma
jority of the uieaibors of tho Legisla
ture Hut to mako our side stronger
let us quote from his reply. Speaking
of these defaulters (debtorj as he terms
them) ho says : -'They nro Comity
Treasurer* who have not settled far the
years previous to the induction into
office of the present Treasurer and Comp
troller General.'' Ou this point it is
useless to say more. Mr. Cardozo
admits what wo olmrged last wock.
Mr. Cardozo, iu concluding his ran
dom epistlo quotes a pioco of Latin
which we presumo means that a shoo,
maker should not go bcytfnd his last,
tboVoby insinuating that as jourualists
we should not intrndo the'sacred pro
et riots, of the Treasury Oflleo. It is our
provinco to pot our nose into every
public man's business, and wo intend to
do so whenever occasion suits. Mr
C.'b nnxitn then, docs not apply to ns.
besides \vc think it more applicable to
him, inasmuch ua it is universally , bo-4
lioved that he was more harmless us a
minister;- than a'Treasurer. It is tagugwi
that_ ho'has gone,beyond his last.
Further Proceedings ifr: (he
Trial of Governor Moses?
Hfew Counsel in the Case?
Motion to Strike the Case
from the Docket? Solicitor
ISutizin E.arntvst. a
The Columbia dowu*truin of yesterday
brought the Hons, lt. B. JilUutt, E. W
Moiso Counsel for Governor M*scs. Mr.
Phambetftihf arrived hero Friday nighc,
and was busily engaged all tho morning j
in gelling up affidavits to show th it Mie
Governor could uot got a fair (.rial here.
The Town was crowded to sco Governor .
Moses, hut ho did uot appexr. At u
qu r cr to 12 M. they entered the Court
room. Judge Ordiam then ordered the
Sheriff to adjourn the Court of Coaimon
Pleas and call the Court of Sessions.
Sol. But z said theroupou that th it yr&s
the day fixed for tho trial of Mosos, and
asked the Judge to turn to c ise nuuibo r
2 on the criminal docket. Mr Elliott
asked that Mr. Moisc bo entered as ono
of the Counsel for the defendant, llorc
Solicitor H?ttz ordered the Sheriff to
call for F. J. Moses, Jr., three times
No answer beihg returned the Following
order was asked for.
STATE OF SOUTH CAROLINA,
0 a a n it tin; iui C o u n t y ,
In tub Gkneraei Skssions.
May Term 1874.
The State vs John L\. Humbert an!
Frank] n J. Moses, Jr.
Indictment for 1)reach oT Trust with
Fraudulent Intent arid Grand Lnr
ceny.
It appearing to the Court. That V. J.
Mo.ses, Jr., onu of tho tibovo defend,
ants is not under recognizance to appear
for trial iu the above stated case, on 1
failed t? answer when eall.il, m mitl?u
of C W. Buttz, Solicitor, it id ordere 1
that a Bench Warrant be forthwith
issued and executed to coaipel.the at
tenla ice tff the jaid Franklin J. Matiiy
Jr., aud that he be hell in oustidV
until ha ot ter into Bond with go) 1 vi d
svtffrcicnt security iu the su u of six
thousand dollars couditione'd Ibi* the
appearance of the said F. J. Moses, Jr.,
at this term of this Court for trial
and to abide the farther ordj* of this
Court.
Judge Grahan desirel to heir Com -
sei for defendant first. Mr. Chamberlain
requested this. Solicitor Butts objected,
His Honor had already signed a similar
order, Ufon which a bench warrant was
issued. At the request of Moses he
was al'owcd to give hail before the
Clerk of tho Court of Richhiud County.
Moses had not done thL?, und evun re
sisted an arrest by tho Sheriff by calling
out the Militia to protect Iii in. Tho
defendant has no rights in Court until
he obeys the order itsucd from it, His
Counsel had pledged'that ho'would-be
here for tri A, upon which ho h id acted
niid presumed the Court had also. He
is not lu Court, sets at defiance its
authority,^ and yet asks tobe hear! by
Counsel. Should he not be arrested,
he may abscond before the uext term.
His Honor was bound to pr?toot tho
dignity of his office, and show the do
I'cndant that he must n it defy the law.
Judge Graham remarked that he i
would have to lottdie law take its courxei
rand inasmuch as Mo.jcs had faild to
appear, that a beuch Warraiit would
issue under the general order at the close
of the term, und cause his appear
ance at the next term of Court.
To this Solicitor Butts' diasentel, and
desired to make the following objection,
to the counsel for'Mosos being heard,
before taking his seat:
STATU OF SOUTH CAROLINA,
Oranoebuko County,
The State vs John L. Humbert and
Franklin J. Mosos, Jr.
Breach of Trust with Fraudulent In
tent ion aud Grand Larceny.
Charles W. Huitz, Solicitor 1st Judi
cial Circuit appearing for the Stute iu
tho above entitled case, hereby presents
to the Court, the following objections in
writing to tho Court's cnte-.rt aiuihg any
preliminary motion in behalf of the
defendant Franklin J. Moses, Jr., with
a view of changing the place of trial
until such timo as the paid defendant,
shall ho arrested and comply with tho
former order of'this Court.
1st. The Oraiid Jury having found a
True Bill, and a Bcnoh Warrant having
bcou i?sue.d hy the.., Court, tho. said
defendant, V. J. Moses,' jr., did resist
an officer of (his Court ( by calling out
the Militia of the State to prcvout tho
execution of said warrant, and docs
Ftill defy the nuthoiity of the t 'ourt to
nrrcst and try.him for the Raid Qjfou.cc,
thereby treating the . Court with con
tempt.
2d. That the said defendant since the
issuing of the said Bench Warrant did
telegraph to one Willi tin Qurney at
Charlostou, South : Carolin?, to tho
effect that he had not boe'n/arrested and
I would uot allow himself to bo arrested
under or by . virtue of any authority of
this'? :Courjb,-'thereby publishiug to the
law-abiding-; citizens of tho State, his
UttSdiareWrdJUfir^nt and good order,
and placing'hiinsolf in contempt of this.
Court. :
3d. The defendant having doniod the
jurisdiction of this Court to either ra
rest or try him, should not bo heard by
th* .Court through'}i.is attorneys, until
he is taken iuto J custody, or appear Iii
persou aud purges himself of said oon
tentpt.
That on the 19th tost.,'' tho Tlon. P.
Tl. Chamberlain and Hon. R: Ii- El
liott appeared in Open 'Court1 and repre
sented themselves as tha attornoy ol the
d- foudnnt F. J. Mosas Jr., and inovol
this Court for two orders which fixed
this. 20th day of May as.tho time-, and
OraHgohurg as the pla^o of tria \ for tho
said'defendant, the- nthec whs for nn
order for tho soveratico of the defon-'
dants on their trialj The?St-itoobjo ctod
to the Court grafting cither of the
above mentioned orllors on tho follow-'
nj grounds: That tho defendant Mi
8cs was not in custody an l h id'not be Id
arrested and that tho Court shoul1 not
fix the day of trial until aftor tha Stito
was in a position to pro lu3o the ac mso I ,
and further that preliminary motio n of
this kind should '-.not bo eh terrains'd
until after tire' amihgb incut of the
prisoner. Iu urging the Court to graut
the said motions, tliu said attorneys rop
resented to your Honor that they were
authorized by tl air client Moses to
assure tho Court thnt ho Moses feeog
nized the full jurisdiction of thia Court
to arrest aud try lriiti for the said of
fence, and thay further assured the
Court that the defendant Mhos would
be this day present for tho tri il, and
upon theso assurances the Court grin
ted said motions and suspended further
proceedings to cause the arrest of the
said .Moses, muco which titno the said
dol'cndaut in titter disregard of Law and
of the assurances made to this Coutt b y
the said attorneys, has cilled out tho
Militia of* the State for the purpose ol
proveutiug the oxecution of the procoss
of this County ,thereby disregarding the
oath of his orlico which had b ;e:i duly
administered by the Chief Justice of
the State to the effect that ho would
execute the Laws and not. violate or
obstruct their enforcement.
5th. That, in addition to the offence
for which the said defendant has been
iudictel he has ad led tho offence de
scribed in Section"!-,'Chapter MS2 ol the
Revised Statutes'-) of tho Statu which
imposes a punishment of both fine and
imprison o.out u?d.o. any ouo (hinlud
ing Moies and tlio Miutiii) for hinder
ing or obstructing-up tdi-.ria exeet'.io ?
the warrant of llu4 Ciurt. Tho la V
ralso niak^s it tin duty of t 10 Sheriff to
proeecute said ulLudjrs lot" nuj'..
?cbitructiouj.
Those he wjqfA ap^iul upvi the
journal oFthoTC ?uf't, bo uuj?. h i ,vtit.j I
Ho. bo right fii Inis Bi ttt h\ Tli-j p j >pl:
throughout the cvi it.-y wor \ witc'uii :
its progress will breathless nnicxicty, J
and he wanted to be propsrly u id r
stood. Moses was in contempt, grossly,
of the Court, :ind he could n >t sod why
the Court should hesitate so to de:ido.
Mr. Moiso of Sum tor followed on tho
side of the Governor, lie was hero to
say that no true bill had been foui d
against Moses, and therefore no bench
warrant had been issuul, and could not
be issued. He had a groat rcspoot for,
law. He could not livo w'thoutit. Hit
speech was high spun ling, bu'. did not
contain hiuoh law.
Tho Court hero took a rocess for
dinner. At 3 o'clock I\ M. it again
convened. Central Elliott who stated
that Mr. Chamber! tin would mt spot";,
desired to know at this sttgu of tho pro -
caediugs who had the reply. Lie Slid
that until the Court decided as to tho
question of jurisdiction raised, a motion
to continue could not be hoard.
Solicitor Butts could not understand
the position of counsel. They were
only allowed to.be heard through cour
tesy, as friends to the Court, aud could
uot understand how the Court eould
regard them as properly representing
a right to speak iu defense o*
Mosas. Tho Judge had said that ho
would hear Moiso because ho desired to
gain all the information on the subjoot
he could get, as to his-Jurh?dictloii, but
did uot say that ho would hear him as
counsel for Moses
Judge?Mr Iluttz, tho speech of
Mr. Moiso has impressed me. What I
want to know is whether this CoUrt his
jurisdiction or not.
Solicitor Butt?: Th at's not the
question at isguc. lie can't raise any
such objection uudor the present cir
cumstituecs. It ho had submitted to an
arrest, nppcarad in Court, then his
counsol would have had a right to raise
the pica of jurisdiction. Hut if tho
Court had formed' art opiuions then it
would be useless for him to go further.
Court-T-Ilua not I'onnod an opinion,
and thought dt? to bo tho duty of Court
to hoar the opinion of others in so gravo
a matter.
Sol. Iluttz--Tho dofon lant's counsel
have only a ight to plead to tho juris
diction of this Court after tho arraign
ment of Moses. Moisc assumod ' that
Mosos wa<Govcrnor and tho court was
bound to '.ako cognizance of the fact.
That the Solicitor contended tho court
could not do with any proper respcot
for itself. To show that the dofendant
is GoYcruor, tho couuscl would havo to
prove it. That they could not do, until
they were properly before Court. Tho
records didn't show that tho defend int
was Governor of the State; there is not
ono line of proof to that effect. He is
indicted as a privato citizen and should
stand his trial.
If ho is above the power of tho law
then ho can do what ho pleases, and no
one daro to molest htm; Didn't so 0
how his Honor could hear auy argu
mctit on this point until after the ar
raignment of Moses; certainly he could
not hear testimony unless it was proYod
? hat he was Governor.
Court. :?I do know that Moses is
Governor. I know this julicially be
cause the law tells mp so.
Sol. Huttz :?Don't seo how your
Honor can know that, tor if the truth
was known, there may turn out t> ho
one thousand Frank lin J. Moses, Jr., in
this State. He did not think tint the
person named in the in lictmbnt could be
Franklin .1. Moses Jr., Governor of th c
Stato, because it is unreason iblo to sup
pose that tho chief Executive of the
State ooul 1 so far forget hi nself as to
commit grand larceny. It would take
a bold man to say that tho Gororuo r
would Meal $6,000.
Court:?I have sufficient knowlcdgo
of the feet that the F. J. Moses men
lionud in tt/i i 1 It it tii r. is the Cover j
tier ol the State and therefore is'< again
whether he cut be arrestj 1 n- 11 it.
Solicitor Hut tz ? They claim that
this Co- it hits, no jurisdiction. Moiso
claimed that t!iu wheels of G ivern.nent
would Mop if Me?e* were arrested.;
Such would uot be thu e is ?. As a I
Deinoorael, of c u -.se ho. M )i->e, would J
advise a Uep.ubfiy.tiu ij ?et at d:"uuco j
the l.r.vs of a llepubllcan Govern ne?t. j
Such Was wrong. He snM in open Court, !
that in answer to a teL-grtm hs advised '
the deli1 riant to rc=t>t tho warrant of j
arrest. That ho did so as a swot'n
Attorney, after Cartful labor aud study . j
It Moats were" tii take the itdvico of
Democrat*, In Would not only resist tho J
la v. but go and volnit iriliy lock hitns,'if j
up in the I'enitontiary. As Solicitor he j
had taken hid oath of ofTue in earnest, j
and luoaut to prosecute evci'y mau who
did wrong who was at t 0 age of dis
cretion. If MbsuT friends desired to
make political Capital out of the matter,
ho had no stock iu it; He was simply
doing his duty. His imprisonment iu
jail would nut incapacitate hi a'froth
performing the duties of G iVerubr. His
ability to act as stielt Would be the s.iun.
Inability only follows i up :.i:h n snt,
therefore the argument of Moses Couu
sol must fall to tho gro tui. We luvo
on office that is almost above tho Gover
nor. Ho is the peaco officer in every
j county. lie cau call a posse whenever
ho deems it proper. That officer is the
Sheriff. The executive is liuitel in
his power. Hero Solicitor 11 itta real
a paper which was full of law and good
sound reasoning, showing that the c"o
CUtive can be arrested. The court had
issued all tho papers in the oase, aud it
would look rather Strangs to re f us j to
enforce nn order, after delivering it to
the Sheriff.
Court?Since heating Solicitor Huttz
Was impressed muoh more so than when
Mr. Moise quit.
Sol. Huttz?Ou which side your
Honor ?
Here General Elliott ar >sj He s.iid
that he felt timid in approaching so
grave a constitutional question, but as he
was hero to rcpresout the Executive of a
sovereign people, he would endeavor to
do the subject justice Tho question is,
can Gov. Moses bo arrested beforo im
peachment ? '1 he constitution says that
he shall not bo until after roruoval" fro n
office. General Elliott's speech was
very strong aud lasted about two hours.
Sol. Huttz :?Listened to argument
with a great dc il of .pationco. Iu one
sense his speech was. a tirado against
the nttornoy for the Stata, and nothing
more. . He had not suppjsod it to bo an
unpardonable- sill to give out a bit} of
indict men t against the Governor. He
did it in discharge of his duty. Mr.
Elliott's speech was pleasing to cupho
ny but contained no law to negative
the charge that Moses could uot.-h? *ri
reBted. Wher'e^ the -^usVitutioo says
that tho Governor shall Dm aateHablof
to the law, for nLVrron&.done durid* hia>
incumbency in ^office* after im poach''
ment, the meaning is that'tho pttii 'of
impeachment shall not operate as a bar
to a trial before a jury. That is that
the Governor cannot nay that I have
been already tried and convicted, and
you cannot try me the second time
Solicitor Uuttz conclude 1 by saying
that ho had no animosity in ho matter,
' no personal spite to gratify, and ouly
wanted the sanction of his conscience.
That assured hjm that ho had done his
duty. Counsel for defendant had char
god improper motives to him. Perhaps
in their ycal for their client, they
forgDt, tho high duty he owed to the
people. Whenever a man does wrong,
his friends always say that the prosecut
ing Attorney is heartless. They do this
in many instances through ignoranco;
the counsel for the defendant arc iu
tclligcnt, aud know as w.:ll as I do,
that in this ease I havo done my duty
and uu moro If trore was any linste iu
the matter, it did not come from me.
I simply gave out a bill up >u the
papers handed to mo.
Here hia Honor dcuided to rcBct*vo
his decision as to his jurisdiction, aud to
continue the caeo till next court.
Ju justice again to Solicitor Duttz and
Judge Graham, we have to repeat that
they have acted throughout, in the case,
lu a manner which shows their high
appreciation of toe responsibility rest
ing upon them.
The Civil ltighis Bill.
Tho following is the full text of thin
bill, as amended and passed by tho
Senate early on Saturday morning :
section 1. hat all citizens and
other persons within tho jurisdiction of
tho United States shall be entitled to
the full and equal enjoyment of the
accommodations, advantr^cs, facilities
and privileges of inns, publto convey
ances on land or water, theutros and I
oilier places of public am isem iu:, and
also of con.mou schools and public insti
tutions of learning or hencv.dcnoo. sup
ported -in wholo oi" in parl by genornl
taxation, nud of ceuia:cries so fiipportod.
and also the institutions known as agri
cultural colleges, endowed by the
Tinted Stntes. puhjec? only tp thu condi
tions and liinitatii Its <f-tubli>hed by law.
and applicable alike tu citizens ofewry
race and color, regardless of any pre
vious rondif ion of servitude.
Sec. 2. That tiny person who khall
violato tho foicgoing section by-deriyiug
to "any person entitled td if a> beun?ts;
except for reasons by law applicable to
citizens of every race and color, and
regardless of any previous condition of
servitude, tho full enjoymeutof any of
the accommodations, advantages, facili
ties, or privileges in said seotion enum
erated, or inoic'ug such denial,suoh per
sou for every such offence shall forfeit
mid pay the sum of five hundred dollars
to the porson aggrieved thereby, to bo
recovered in an action on tho.case with
full costs, and Bball also for every suoh
oftence be deemed guilty of a misde.uiea
nor, nnd "upon conviction thereof shall,
be niicd not more than 81,000, or ska'
bo imprisoned not more than one year ;
provided that tho party agt?rieved shall
not recover moro than one penalty, and
when the offence if- tho result of burial,
tho penalty may be recovered by the
process at law of the persons who had
been refused burial; and provided
further, that all persons may elect to
tue for the ponnlry aforesaid, or to pro
ceed under their rights at common law,
aud by State statute, and havo so elected
to proceed iu the one mode or tho other,
their right to proceed in tho othor jur s
diction shall be barred. Hut this pro
vUoshall uof apply to criminal proceed
ings cither uuder this act or tho crimi
nal law of tiny State. .?
Suction 3. That the District and
Circuit Courts ot tho Unitid States
shall havo, exclusively of the courts of
the. several States, cogniz.moo of :.!1
crimes and offences against aud. viola
tions of the provisions of this act, and
actions for the penalty given by the
preceding seotion may bo prosecuted in
tho Territorial, District or Circuit Courts
ot tho United States wherever tho do-,
fondants may bo found without regard
to tho other party, and tho districts at
torneys, marshals and deputy marshals
of the United State, and commissioner
appointed by the Circuit and Ten ito
? rial Courts of tho,Unitod. States, with
powers of arresting and imprisoning or
bailing offondors against the law'o? ths
United States, aro hereby ..specially
authorized and Acquired to institute
proceedings uuainst every pevson who
shall violate tho provisions of this act
aud cause him to be arrested and im
prisoned or bailed, as the ease may bo,
for trial beforo such court of the Unitoil
State or Territorial Courts as by law has
cogninnce of tho offence, except in re
spect of the right of actiou oceuring to
the person aggrieved, and auob district
attorney shall oauso proceedinus to be
prosecuted to their determination as in
other cases. Provided, that nothing
contained in this section shall be coo
strued. to depy or defeat any right of
civil action cccuring to atiy portion,
whether by reason of this aot or other
wise. Q r,T|/Tl Tf*V
i ?'{. AM: iJt^UXg' 4
Section. 4. That no citizen " possess
ing ali other qualifications which jirt'^j
may bo provided by leVr shall bo
qualified for service ?s-. grand or petit
j uror in any court of the United States,
or of any State, on account of race, col
or previous condition of servitude; and
any officer or other person chnrged with
any duty in tho selection or summoning
of juroas who shall exclude or fail to
summon any citizen for tho ciusc afore*
said, s-all, on conviction thoroaf, be
deemed guilty of misdemeanor,' add be'
fined not moro than $1,000.
Section 5. That all oases arising
under tho provisions of this act in thl ^.
courts of the United States shall be re
viewable by tho Supreme Court of the
United States without regard to the
sum in controversy, under the samo
provisions and regulaiton no are noW
provided by law for the review of othor <
causes in said courts. ' IS
Grc?nvillc.
.*v>>'.- ?%+i4-.it:,f)iti}$ A
??A r?J p b9a?(p.lo ?->.-b.'.i?T U kcutvV
a student writing us from tho abjre
plnco, under date the 5th inst.,: says:
Greenville is building ^up^very fast.
There aro fivo now stores just abaut
finished, and another large one started-.
to-day ; besides those a cotton factory
which will bo run by the natives of
Kedy Hiver, is. nearly finished.^ - The..
factory is situated just boloW the Fall*.
Those who have novor visited Green
ville should do ao at onco, and thora
will bo no better time than about the
15th of June, as tho oomm Oncutno?t
exercises of Furmnn University,- the
Female Collage and the High School
will take placo on the 16th 17th- We
have some friends in Orangeburg we
hope to see upon that occasion. Wo will
promise them a hearty re option and as
plesVent time in general.
SIGMA.
Lost
to?l nt St. Odorgcs' Stntion 8". (\, It. R.,
c.r St. Georges Church a H Vitt fiR IORLEtV.
with aMlNTATCRF. in the GOLD I.OOKKT.
Tlio iiud.-r of which.will bs suitably reward*
e<l if lots at this ofnee.
may 30 ls74 tf
TOST ON V. DARK It Hi) COW WITH a
j Kud and.White" Cult*. Any information
will be thankfully received hv
J. S. ALBERGOTTl.
Conner it? sell St., and R. R.
may 30 ? ? ? ' ' ^1874 ?. it
Administrators Sale.
.... . r
T.y virtue of nn order of the Probate
Court, I will s-U nt Orangaburg C. R..'en
Thursday tua Eleventh day of .Torte A. D. ,
1K74, all tho perishable- property of Dr.
Fit kukri ck FsnsNcu docascd, consisting
Household and Kitchen furnaturo, Dental
Tools, Dental Chairs,. Uuggy and Harness
&o.- &c.
terms. Cash.
Mny 25th 1874.
JOSEPH rERSNER,
Qualified Administrator,
may 30. 1874 'St
_ --:?__-:-s-.
SheriffJa^Sales.
?RANGEDURG COUNTY
In tue Court or Pbobate.
Estate df^iwilfeNC^tiTlf^LA*,*
Tly order of ProWe Court of Orangsbdrg
County. I will sell at public otttcry at Or?
nngeburg Court Houset on the first Monday
in Jane, 1874, during teg*) hours of sale
All the NOTES, ACCOUNTS and other
CIH)SES in Action of said Estate .
Terms cash, ' ; '
Shdrirs Offioe, ] !. t. Cain,
Orangeburg C. U., S. C.,' I ? 8> Qi </?
May 21st, 1874. -j..,. ?3 . >?' y
23 j ...
State Scholarships.
>IU hc BltfTRO Co?htt,' S.' C
NOTICE Is hereby Biven tkatm aceord
anco With Act of Assembly APP^?A ?ePr?*
nry 1874, entitled "An Act. to establish cer
tain State Scholarships irf the University of
.South Carolina a Froe pifblid' cotripelltWO
ciannual ion will be held at this office on
Moriday Ju)y;Gth 1874." The act provides
that but one student shall-be admitted from
each tGou?ty ifoi thefirst !f.t$&TAT *11 tho
applicants for admission the .three exhibi
ting tho greatest proficienoy in all' tho
branches of study required for Ut??d?alss<
ion of students into the University, will bs
recommended to tho State Fioard of
examiners, and a final Examination will be
held by tho State Jioayd^of Exa^aiaaraat
Columbia on ThursdayOctobei 1 at. 1874,
iv hen tho candidate is found most proficient
will he' admitted to a Scholarship in the
University. , 'f \
The successful candidate when admitted
will tie -&utft?7e$aUM
Dollars annually, and tuition free. '
May 8th 1874. ..
BOAR0^W?tfout -LODGING can bo ob^
laincd at reasonnblo. sratTsa.1'- ^Por^tersss ap
| ply over McMasler's Store.
ro.?r M i

xml | txt