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issub3d twiob-a-webk?wednesday and saturday.
l. m. obist & sons, Publishers. j % Jfamitg |terospaper: 4or the promotion of the political, Social, Agricultural and djommeitciat Interests ofThe Sjoufh. |tcrss^t^iuaftt:ar ^advance. VOLUME 43. YORKYILLE, S. C., SATURDAY, AUGUST 14, 1897. NUMBER 65. MM BY WILLIAM ML Copyright, 1897, by the Woolfa.ll Publishing C< CHAPTER IV. OFF FOR SIBERIA. A gendarme had accompanied tbem Into tbe carriage, and when Maurice attempted to speak be harshly enjoined MICUVQt Tbe boys felt but little alarm or uneasiness. Tliey were familiar with the strict system of espionage that prevails ' in Russia and naturally supposed that something was wrong with their passports.. That it was a very remarkable proceeding for the police to stop a train on the outskirts of Moscow never occurred to them. Thus, in happy ignorance of their fate, worried only on Ivan's account, who they feared was ignorant of what bad happened, they rode on into the city, turning in and out through dark, gloomy streets, until a somber stone building was reached, feebly lighted by a bunch of pas jets over tbe portal. They were hurried across the sidewalk, through a gloomy hall, and ushered into a small apartment, where two severe looking men were writing at tables. A couple of windows, crossed by heavy iron bars, seemed to open on the street. In the center of the room was a square pen surrounded by a railing, and as the boys entered this two gendarmes followed them in and began to search their clothing. XT.-, no,.* r>f flioir norsnns was IlHCrlfiCt pui u V*. vuv?4 0 ed. Their handkerchiefs, pocketbooks, cardcases and watches were removed and placed on a large table, where their traveling bags were already lying. The gendarmes retired to a bench on the other side of the room, the officials at the table ceased writing, and presently the officer who bad boarded the train entered by a private door and sat down at a large desk facing the boys. He took their passports from his pocket, and glancing over them spoke a few words in Russian to the two assistants, who at once began to write. A gendarme stood by his side, handing him the various articles from time to time, which be subjected to a minute examination. The money and watches were laid to one side, and then he opened the cardcases. Manrice, who saw all that was going on, was amazed to see that they were empty. Cards, letters and various memoranda that they had possessed were missing. But a still greater surprise was in store for him. The officer opened the traveling bags and tnrned the contents upon the desk. He placed aside the various toilet implements, clothes, brnsbes, collars and other articles cf apparel, nutil there remained before him a collection of strange objects that neither maurice nor Phil had ever seen before. These compiised a bnnch of what resembled handbills printed in strange characters, half a dozen letters sealed and addressed and two or three books bonnd in yellow paper covers, the titles of which Maurice was unable to read. ^ Forgetting all prudence, he sprang to Ms feet. "This is a mistake," he exclaimed. "Those are not our things. Send for my uncle, Vladimir Saradoff. He can explain this"? Before he could say more two gendarmes jerked him back on his chair, a forcible manner of enjoining silence which Maurice was not slow to understand. The officer inspected these strange objects with a grave countenance. He oontinued dictating to the assistants, who wrote as rapidly as their hands could travel over the paper. It was evident that the situation had now assumed a serious phase. The boys still believed that an error had been made somewhere. Not a glimmer of the truth entered their minds. Unable to speak a word of Russian, they were ib a bad plight. How could they acquaint Vladimir Saradoff with their predicament? Maurice had fairly resolved to make another effort to speak when ttie omcer signaled to rne gendarmes, and the boys were led into another apartment furnished with a rude bed, two chairs and a sruall table. The heavy door was locked, and they were alone. "This is dreadful," exclaimed Phil, throwing himself on the bed. "I wish we had never seen Russia." "Keep up your spirits," replied Maurice. "All will come right. My uncle will discover where we are before the night is over." Unable to sleep, the boys discussed their strange situation for an hour or more, expecting every moment to learn that Vladimir fcjaradoff hud arrived. This was their belief when at last the prison door was opened to admit the officer who had conducted the examination. But no such glad tidings awaited them. The Russian seated himself on a chair and sharply surveyed his prisoners before he spoke. Then he drew a card from his pocket which Maurice recognized as the one given to him by the man ho had saved from death. "I speak your language," he said in badly accented English. "I may be able ) SIBERIA. TRRAY GRAYDON. X to mitigate your lot, if you are sensible. This card was found in your possession. We have reason to believe that a conspiracy exists against bis highness Colonel Jaroslav. Your own -case is bopelees. Any information yon may give will help yourselves and will be used in secret." The officer looked inquiringly at the boys, who were quite at a loss to know what to make of this strange speech. "T nri floret and rr>n " Raid Man rice. "I only know that a great mistake has been made, and with your permission I will try to explain." The officer nodded, and straightway Maurice related everything that had happened to them from the moment they left Berlin, dwelling especially on his relationship to Vladimir Saradoff. As he proceeded in his narration the Russian's face expressed a strange mixture of incredulity and anger. It was evident that he did not believe one word that Maurice was saying. "Stop," he exclaimed impatiently. "I have listened to enough lies. You refuse my offer. You will repent it when too late. You deny, then, that you are the Englishmen, Cummings and Burton, named in the passports; that you are the agents of the revolutionists in London; that you were bound to Moscow with nihilistic placards and books and letters addressed to dangerous and suspected persons. Our government is always alert. The minister of the interior nad accurate knowledge of your movements, and by his instruction vou were arrested on the train. I should havo told you nothing, but I wished to offer you this chance of benefiting yourselves." "Send for Vladimir Saradoff!" cried Maurioe excitedly. "ThiB is all a terrible mistake, I assure you. My uncle can help us." The officer laughed disdainfully. ' 'His excellency Vladimir Saradoff is in St Petersburg, and, as for this Ivan you 6peak of, no such person reached the Moscow station this evening. You reject my offej. I wash my bands of you." Refusing to hear another word, he hastened from the room, and the guard in the corridor banged the heavy door. Up to this moment neither of the boys had even suspected the truth. It remained for Maurice to make that startling discovery, and as tne realization of bis uncle's treachery forced itself npon him?dimly at first, but speedily strengthened by added proofs ?he saw what stared him in the face. With a cry of despair he threw himself on the bed, and when, at Phil's entreaties, be sat up his face was pitiful in its bopek sness. "We are .ost, Phil," he said. "We shall never see America again. What fools we were ever to venture on Rus6iau soil! I see it all?the perfidy of the man who calls himself my uncle. He never came to Moscow at all. That was Vladimir Saradoff we saw in St. Petersburg. Ivan was his accomplice, and together they formed this conspiracy. "Ivan stole our cards, our passports, every means of identification we had, and substituted false passports and the other things which were found in our bags. We are lost" "But how can such a thing be?" exclaimed Pl.il in bewilderment "Our innocence must be discovered. You can prove your relationship to Vladimir Saradoff." "You know little about Russia," replied Maui ice. "We are absolutely helpless, PLil. No one will listen to us or believe us. We shall not be permitted to write letters, and on the strength of that evidence we shall be condemned without a sliadow of a trial. Vladimir Saradoff will cover up his tracks t> o well. For myself it matters little, but you, Phil?your father and mothir, your sisters"? Here Maurice broke down completely. Phil hmvplv tried to comfort him. and presently he became more composed. They discussed their situation from every conceivable. point of view, but not a ray of light could be discovered. It was really so hopeless that Maurice, who possessed a fair knowledge of the Russian police system, dared not hold out any encouragement to his companion. The most puzzling thing to him was his uncle's motive for such a crime. He was ignorant of the terms of bis mother's will, or his quick wits wbuld have divined the truth. On reflection, however, he remembered what a fierce hatred Vladimir Saradoff had always borne his father, and allowing for the transfer of this enmity from father to sou the solution of the mystery became more clear. "What do you suppose they will do with us?" asked PI)". The answer was already trembling on Maurice'- lips, but he checked himself. "He will know the truth soon enough," hi thought, so he replied evasively, "I don't know, Phil?perhaps a long confinement in some Russian fortress. " The hours of that night seemed interminable. Sh'epwas out of the question, and the first gray glimmer of dawn that crept info fhe dreary cell through a narrow aperture, high npon the walJ, found th6 two boys wearily pacing the floor. A fairly good breakfast was presently brought, which they barely tasted, and then appeared a getK arme officer and four men, v ho led the i_e.js away. Maurice Lagged for a brief interview with the commanding officer, hoping to convince him of the truth, but the guards refused tu listen aud hurried them into ti.j street, where a close carriage was waiting, hemmed about by mounted Cossacks. Through the gray mist they had a /?nn?f1oca flnmPfl ATirl UOObJ VIOIUU VI wuiivivui) wvmvw ??? spires of marvelous colore and fantastic shapes. Then the heavy curtains cut off the view, and the carriage rolled away. It stopped before a huge brick bnilding, and tbe boys passed -quickly through the gloomy portals. The gendarme offi cer preceded them with a stamped document in his hand, which he delivered to a big, black bearded man in blue uniform, who -came forward to receive bim. A few words passed between them, and then tbe boys were led away to a small, whitewashed cell, furniehed with a single bed and a chair. A grated door opened on a large corridor, which was constantly patrolled by armed sentries. They wei now in the great forwarding prison of Moscow, and the commandant, C. ptain Sasha, had just received the cIBcial documents that sealed their fate. Russian justice knows no delay. During their two days' confinement here the bo-s attempted in vain to open crmmunica.ions with tbe commandant. Not the slightest attention was paid to their entreaties, and no one came near the cell except the guards. On the t^ird day their clothes were stripped off, and tbey were given, in place of them, coarse linen shirts and trousers, long gray overcoats with yellow, diamond shaped patches sewed between the shoulder?, and visorless caps of tbe same material. .atiirea in inese cuiirstj gurmeuio, iucj were conveyed in the dusk of the ev ing to the railway station, in compai.. Not the slightest attention was paid to their entreaties. with a dozen other poor wretches, and placed in a huge, dreary car with narrow, grated windows and rough board ooofa As the train rattled off into the night Maurice turned to the burly Cossack at his side "Where are we going?" be asked imploringly. "Won't you tell us?" The Russian understood the gestures, , if not the words. "Siberia," he replied gruffly, and the sentence of their doom fell like a deathknell on the boys' ears. TO BE CONTINUED. iUiscrllanrous grading. GOOD ROADS?GOOD TIMES. When the Mud No Lou tor Enforce* Idle jiettx, the Farmer Will Pronper. At the good roads congress held at Albany lust winter General Roy Stone cautioned the wheelmen not to antagonize the farmers if they wished to secure the best results. Among other things he said : That good roads will bring prosperity, is no idle dream. Through all the panic aud depression of the last three years the farmers in the few good roads districts of the couutry have gone on making money and improving their farms, aud they have not troubled themselves much about politics or finance. It,is enforced idleness that makes farmers poor, and no farmer need be i/llo a (inu nn awniinl. nf bad weather or wet fields if only his roads are good. On a good road there is always paying work of some kind, and wet weather is just the time to go on the road. The French farmer never loses a good day in his fields, for he can do all his marketing and hauling of fertilizers in rainy times. What prosperity would burst upon this country if every farmer and farmer's boy not at school, and every farmhand and team could earn a full day's wages every day in the year, rain or shine. When you have convinced your neighbors in the cities, and especially those of them who are candidates for public life, that the interests of the city population demand that they shall come to the relief of the farmers, you can go to the farmers with this assurance of help and ask them to take into careful consideration the practical measures by which this relief can be brought about, and especially the measures for providing state aid and for the use of convict labor. It is only through state and couDty aid that the cities and villages can help. If you find the farmers clinging to the old ways, say to them that these ways are ,mainly an unfortunate inheritance from the mother country, which we brought away with us and failed to shake off when the system was abandoned there, and that today in Great Britain not only are the roads maintained at the general cost of the people, but government loans are made for many specially heavy improvements that are desired. Two hundred years ago the great highways of that country were kept 'up, so far as they were kept up at all, just as they are in this state today, by local taxation, while they actually served the people of the whole kingdom. HOW THE QUEEN STOPPED GROG. There is an amusing story told in connection with one of the queen's cruises along the Cornish coast, while Lord Adolphus FilzClarence was still in command of the royal yacht. One day her majesty and several ladies of the royal party seated themselves on deck in a sheltered place protected by the vessel's paddle-box. Sometime later the men were seen to gather in little knots and talk together in whispers. Presently an officer approached the queen, but his courage forsook him and he retired. A little later another officer also approached and then walked away. The queen was amused and mystified, and when Lord Adolphus FitzClarence came on deck she inquired if anything was the matter, adding, with a smile, that she hoped there was not going to be a mutiny. Lord Adolphus laughed, and replied that he did not know what might happen unless her majesty would be graciously pleased to move her seat, a camp stool. "Move my seat?" replied the queen. "Why should I ? What possible harm can I be doing here?" "WaII mo'nm " rpnlied the cantaiu. "the fact is, your majesty is unwittingly closing up the door where the grog tubs are kept, and so the men cannot have their grog." "Oh, very well," responded the queen, much amused, "I will move, on one condition, that you bring me a glass of grog." This was accordingly done, and, after tasting it, her majesty remarked : "I am afraid I can only make the same remark I did once before, that I think it would be very good if it were atronger I" "It is almost unnecessary to add that "The queen, God bless her!" was drunk with enthusiasm that day. SHORT HISTORY OF ALASKA. Purchased in 1867 from Russia for $7,200,000; purchase negotiated by Wm. H. Seward. Area in square miles, 531,409. Population (census of 1890), 30,320, of whom but 4,416 were white, 8,400 Eskimos, and 13,735 Indians. Estimated present population 40,000. Principle cities, Sitka (the capital), Juneau, Wrangel, Circle City. Principal rivers, the Yukon (more than 1,000 miles long), the Kuskokwim, the Colville and the Copper. Principal mountains, Mount Logan, altitude 19,500 feet; Mount St. Elias, 18,100 ; Mount Wrangel, 17,500 feet. Governor of the territory, James D. Brady ; residence at Sitka. Principal products besides gold, furs, fish and lumber. Principal occupations of the people, hunting and fishing. Gold first discovered in 1879. Estimated product of gold to date, $30,000,000. Product of gold in 1896, $4,670,000. Klondike in English is Deer River. Theriver is so designated ou the map. Klondike gold fields partly in American and partly in British territory, and the product is disposed of in the United States. Scene of the present excitement is along the upper Yukon and its tribu- , taries. Distance from Chicago to the Klondike gold fields, via the Yukon, is about 6,500 miles ; via Chilkot Pass, 4,000 miles. Time to make the trip by either route, 30 days. i Cost of the trip $300. i Travel possible only in June, July and August. i Climate in winter severe in the ex- , treme ; winter beginning in September. During June and July continuous daylight; during December and January continuous night. I GENERAL GRANT'S HORSEMANSHIP. , A writer in McClure's Magazine says i that in the spring of 1878 he was in i the city of Milan, and there, before the i hotel where he was staying, he saw an i immense crowd about a beautiful horse j which three grooms were holding with | diflieulty. A group of Italian officers i in full uniform were waiting near on . their own horses, and evidently some i grand' ceremonial was about to take . place. Presently he was told that < General Grant was to review the pride < and flower of the Italian army, the < Hying Bersaglieri, and iu a few mo- i ments the general appeared, dressed i very plainly in civilian's clothes. j The Italian officers advanced, received him, and took him to the horse. A more wicked looking creature it < would be difficult to describe; and 1 from the sly looks which passed among 1 the elegant youug officers, it almost i seemed as if they had, of set purpose, < assigned their guest an untamable t steed not yet broken. But General i Grant looked at the horse, and his face lighted with admiration. Whether he was not well, or merely assumed a sort of helplessness, could not be determined ; but in mounting be accepted the aid of two officers, and from an apparent stiffness had some difficulty in getting his right leg over the saddle. Once in the seat, however, he grasped the reins, settled himself, straightened his form, and assumed so perfectly the air of a horseman that a shout of applause went up from the crowd. The horse, after a few plunges, discovered that he had found bis master, and started off in a gentle trot. The Bersaglieri perform all their manoeuvres at a run, and for two hours, most of the time with bis horse at a gallop, General Grant kept them moving. When he returned to the hotel, Vlio oannvt. t.hpmoplvPA r?lh?p ruffled hv fatigue, were loud in expressions of wonder and admiration ; and the great American was still as calm as if be had not been in the saddle at all. Can Men Dress Babies ??"Elijah, dear, will you dress Willie this morning? I'm in such a hurry, and it will only take you a minute or two." "Certainly," replied Mr. Bixby cheerfully. "I'd just as soon dress the little chap as not. Here, my little man, come and let papa dress you. I'll have you as neat as possible in a few minutes." Willie, aged 4, comes reluctantly from his playthings and Bixby begins : "Now, let's off with your nighty gown, and?keep still, dear, I can't unbutton it. There now, we'll?sit still, child. What makes you twist about like an eel ? Where's your little shirty? Ah, here it is and?keep still. Put up your arm?no the other one, and?can't you be quiet for half a second ? Put up your other arm and stop pulling so. Now let's?come here, boy ! What do you mean by racing off like that, with nothing on you but your shirt ? Do you hear me ? Come here and let me put the rest of your clothes on. Stand still, I say. Put your leg in here. Not that leg. There you go rolling about like a worm. Now, if you don't keep still, young man, I'll?stop pulling at that chair, and?here, Mary Ellen, you'll have to dress this wriggling little animal yourself. I couldn't do it in ten years. 1 Goto your mother, sir!"?Pearson's Weekly. The Jews In Palestine.?The 1 Rev. J. L. Hertzfeld, a converted Jew- 1 ish rabbi, says tbat there are now three times as many Jews in Palestine as returned with Ezra and Nebemiah. "The Jews," he says, "will soon erect 1 a temple in Jerusalem and will estab- ! on nn! finnn nf nm t vonoivnh ft HSU tUC oauillivco VI VIM* jl vvv* * vu ? letter from my borne a short time ago in which they tell me of a meeting with an English lady who was studying art and sculpture in Milan. She said that while in Milan she entered one of the largest workshops and saw there a magnificent pillar. She asked them about it, and they told her that it was for the new temple of Jerusalem. In Rome she also saw another pillar which was being finished for the temple. It may be possible that some of the influential Jews are quietly preparing for the erection of this temple. The time is fast approaching when Palestine will be wholly peopled by the Jews. The sultan is in dire straits for money and may sell the country to them at any time. When that time comes to pass I believe that fhe ten tribes of Israel will be gathered there from all parts of the world." 8?" Alaska was purchased from the czar of Russia in 1861, when Secretary Seward was in charge of our foreign affairs. The purchase was regarded at the time as a favor to the Russian government. In the darkest days of the war the czar was almost the only European friend of the United States, and when Great Britain's attitude was most threatening a Russian fleet was dispatched to New York and remained in American waters for many months as a warning to England that she mu>t not meddle in the American dispute. After the war was over the czar needed mnnBi; ?nd the fn.vnr shown bv the ) -? ? ? presence of the Russian ships was re- i turned by the purchase of the Russian * territory, then supposed to be of no ( value. The price paid was $7,200,000, i and the formal transfer was soon after t made, Alaska becoming a territory in j 1868. t ? ? ( Nothing But Promisks.?An Ala- 1 bama judge declares that "this is a ^ white man's country, and the Negroes ^ must be content with what is given to i them." The St. Louis Republic thinks * that he "got his cue from the treat- J ment of the Negroes by the McKinley a administration." And the McKinley I administration, of course, got its cue j from the Harrison administration, and ^ the Harrison administration from the 1 Arthur, and so on back to the Lincoln !' administration, the first of the line. j, A.s a matter of fact, with all the "won- r ierful progress" they have made iu e at her respects, the colored Republi- J :ans have made painfully slow prog- , ress in the respect of securing official I recognition from their white brother ^ partisans.?News and Courier. BaT" It is said that dogs in a wild state t io not bark. An investgator is led to jj ieleive that the true reason for their u Darking was their endeavor to talk to s man. Wild dogs howl and whine, but t lo not bark. In the wilds of Egypt jj he shepherd dogs make a soft, peculiar ? loise, but it does not suggest barking, s THREE ON ONE, . Sensational Developments at Yorkville Thursday. MAYFIELD PLEADS GUILTY AND QUITS. After Stepping on Evans and "Knocking Strait Silly," Overworked McLaurln Falls Into a Faint. The senatorial campaign has come to be looked upon as a tiresome, humdrum affair, with the repetition of the same old story from county to county. The newspapers have not been taking much interest in it, for the reason that after the first three or four meetings, it was a thrice told story. But this characterization does not apply to the meeting that was held in Yorkville last Thursday, for it was far out of the usual order. At it developed events which go to make up history, and which seldom oecur more than once in a lifetime. No state in the Union has furnished a greater number, or more remarkable campaign incidents, than South Carolina; but in years to come, those who helped to make up the big audience in the courthouse, will tell of having been present at the most remarkable scene that has occurred on the hustings of this ntate since the war. They will tell of bavir.g heard a brave and honest man, who had unintentionally misrepresented a brave and honest opponent, come out with a frank and open acknowledgement and do his best to make amends. They will tell of having seen and beard a patriotic statesman, goaded to the highest pitch of human feeling by the cruel and unjust attacks of shrewd politicians, make a speech that could have done credit to Calhoun, McDuffle or Hayne, and then, utterly exhausted, fall almost into the jaws of death. And some of thein will tell also of an official in high representative position, who, attempting to intluenc/tbat choice of the people by which he himself was elevated, received a humiliating rebuke that was as deserved as it was severe. The crowd at the York ville meeting was composed of between six and seven hundred voters. They were, for the most part, representative citizens from all quarters of the county, including town and country alike. A glance in the faces of the audience showed it to be an unusually intelli gent one, and a more careful study gave assurance that the first glance was correct. Among the faces were those of rep- ' resentative farmers, of leading merchants and business men, doctors of medicine and ministers of the gospel. The amount i of apparent interest that has been manifested has heretofore indicated nothing of the kind; but there can be no question of the fact that it was easily the most representative audience that has gathered at any political meeting that has been held in York county within the last half a dozen years. There was music by the Bethel band,, the proceedings were opened with asinsjftlarly appropriate prayer by Rev. W. S. Neville, and Colonel J. J. Waters, acting as chairman, in the absence of Mr. Brice, introduced as the first speaker, State Senator S. G. Mayfield. Senator Mayfield is a man of fine presance. Tall and ,erect and well built, he it once makes a good impressiou. He is a farmer, or at least has large farmiug in* Uaha la 12+Ha ohnnf him tn .CI C3U3 , yui bugi C IO Iivviv mvuuv M*>? .V indicate bis calling. His hands are white, his complexion pink, and by his dress he would be taken for a lawyer or preacher. He looks bis audience straight in the syes, however, has a good tiow of good English, and is an entertaining speaker. He commenced by expressing bis pleasjre in making the acquaintance of the oeople of York county. Then he expressed regret at the inability of Colonel [rby, who was confined to his room with in attack of cholera morbus, to be present, for the senator, he said, was an unusually jtrong and able debater. Next, be said .hat be belonged to no combination. The )nly combination he knew of was the lewspaper combination which was igainst him. He was in the coutest to xnnbat the views of McLaurin, which he jonsidered inimical to the best interests >f the state. He referred to the action of Senator Tillman in jumping on him on iccountof bis tariff views as un warrantk1, and said that if Tillman wanted to nix up with state matters, let him do as le had threatened?resign his seat and un for governor in 1898. Senator Mayield said he had helped pass the dispensary bill and bud fought aud killed a projosition that was sought to be incorporited in it, and which allowed the estabishment of dispensaries at cross-roads >utside of incorporated towns. He was n favor of high license under constiutional limitations as the next best hing to prohibition. He next entered nto an exhaustive discussion of the tariff I u est ion from an anti-McLaurin standjoint, and also discussed at length the noney question, advocating the freelinage of silver, and such changes in the lational banking laws as would admit of ireater elasticity in the circulation of the !(>untry, and at the same time guarantee safe, sound and stable currency. Then, n the most unsonsational manner imiginable, Mr. May field proceeded to pring the greatest sensation of the cam>aigu. Mr. Mayfield referred to the fact that le had repeatedly charged McLaurin vith being a Populist at heart and with laving written the Populist platform and ittempting to organize a Populist party u this state. McLaurin denied the charge ,t Spartanburg ; but after getting what I egarded as further and more convincing vidence, I made the assertion again at Chester yesterday. My informant was )r. Strait. Dr. Strait made the statement that McLaurin had approached limself and Congressman Talbert, in Yashingtou, with a proposition to join he Populist party. This evidence apteared to be so conclusive* that I said if I ould not prove my assertion, I would reire from the race, and if I did prove I he should retire. I am now satisied from what I have heard, and from onclusive evidence which has been hown to me by Senator McLaurin, hat he did not dictate the Populist ilatform, or attempt to organize a Popuist party in this state. Further, I am low convinced that Senator McLaurin ucceeded in having struck out of the