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The herald and news. (Newberry S.C.) 1903-1937, February 16, 1904, Image 1

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I?11( 1131 1
Discussion Incident To Report of
State House Investigating Com
mittee-Other Matters.
Columbia, February 15.-The chief
interest of the people of the State
in the legislative session for the past
several days has centred in the dis
cussion incident to the report of the
joint committee to inspect the work
of the completion of the State House
and the actiorlpto be taken by the gen
eral assembly with reference to that
report. There were lively scenes in
the lower house following the pre
sentation of a memorial from the old
<01LAnission for the compietion ol
the State House, asking for a hearing,
aad during a heated discussion the lie
was passed by two members.
To Enter Suit.
The two houses have agreed on a
concurrent resolution ordering that
appropriate legal steps be taken to re
cover from Frank P. Milburn, the
architect, and McIlwain, Uukefer &
Co., the contractors, "as much as pos
sible of the damages the State has
suffered through their misconduct and
breach of contract, and such other
legal redress as may seem to them to
be advisable:" The res,olution pro
vides for the appointment of one sen
ator and one representative to direct
said litigation, with power to employ
counsel, provided that the compensa
tion of such counsel shall not exceed
25 per cent of the amount received in
said suits.
Why Special Counsel.
It was urged in the senate, where
the resolution originated,- that the at
torney general was the proper officer
to take charge of the suit, but Sena
tor Manning, while expressing the
greatest confidence in the present at
torney general, mentioned the fact
that he was the assistant attorney
general to Mr. Bellinger, who was a
member of the State House commis
sion, and that it would be best for
all concerned should other counsel
be employed.
Tfie two houses have not yet agreed
on the manner of giving the commis
sion for the completion of the State
House the hearing which they de
manded immediately after the report
of the legislative committee was made.
The house has agreed to have any
statement which the commissiorf de
sires to.make printed and placed on
-the desks -of the members, while the
senate has adopted a resolution pro
VA'ng that a committee of five, twc
senators and three represenEatives,
be appointed to hear the commissior
.and to take testimony. The twc
bouses may get together on the mat
ter today.
The members of the old commissior
held a meeting in Columbia on Thurs
-day morning and adopted a memorial
-to the general assembly stating thai
they had been done a manifest injus
tice by the legislative committee, "as
it willingly or unwittingly or unfairly
condemns our acts and the work ap
-proved by us without giving us ari
-opportunity to be heard and even re*
fusing to allow us a hearing. Many
of the allegatives of error and in
-competency are easily explained. Cer'
tain conclusions couM~ not and would
not have been drawn had available
evidence been hearo. Above all, we
feel that an impressio. that musi
necessarily,.result from the tenor and
terms of the report, would not exist
if we were allowed the opportunity tc
be heard." WVherefore, the commis
sion prayed that they be given a hear
ing and that their evidence and reply
to the report of the committee become
a permanent record of the genera
The memorial was presented in the
houLse by Mr. Aull and in the senate
by Senator Talbird, who also present
ed resolutions providing for a join
-cmmittee to hear the commissior
and to take their evidence. These
resolutions. as already stated. have
been adopted by the senate. while the
house has adopted a substitute pro
viding for the printing of such state
ment as the commission may desire
to make.
The Lie Passed.
The presentation of the memorial
in the house led to a lively sensation.
The lie was passed by members and
for a while there were lively scenes.
When the memorial had been read
Mr. J. 0. Patterson. member of the
investigating committee, declared it
to be a duty to himself and to South
Carolina fo'r him to make a statement.
The General Assembly is conversant
with the matters which led up to the
appointment of the investigating con
mission, the members of which real
ize the gravity of the trust placed
upon them. They had done their duty
honestly, fearlessly and conscientious
ly. The commission had all been
friends of his and it had been an un
pleasant duty. The investigating com
mission had not been charged with
the duty of extolling or blaming the
members of the building commission.
He referred to the cards in the State
of Wednesday. in which Mr. Bellin
ger and Mr. Gantt complained that
they had not been treated with proper
consideration. The complaint is that
Ithe State House commission had not
been invited before the building com
mission. Why should the members
of the latter commission be summon
ed when they themselves could - not
agree? In reference to the statement
of Mr. Bellinger that he had been
denied the privilege of coming before
the commission, Mr. Patterson de
clared it was a case of misunderstand
ing. which he regretted as he and Mr.
Bellinger had been personal friends
for a score of years. On the night of
January 7 Mr. Bellinger had threaten
ed that, in case the joint commission
should attack the building commis
sion. he would take the matter to the
Legislature. Mr. Patterson declared
that he regretted very much that a
casual conversation should hayve been
misunderstood, as he had told Mr.
Bellinger that should the report be in
the .nature of an attack he would in
sist upon the members of the building
commission being given a hearing.
There was no formal demand, and the
statement he made to Mr. Bellinger
was conditional. The joint committee
had thought it a waste of time and
money to bring here the members of
the building commission. The inves
tigating commission had employed a
Government architect and had in
spected the building carefully. He
regretted that the building commis
sion had felt aggrieved. The-. arc
honorable men, and if their confi
dence in those whom they employed
was misplaced, it is a misfortune to
the State of South Carolina.
Mr. 'Williams made a straightfor
ward statement that the terms of the
memorial do not contain a true state
ment 6f facts. The joint commission
had never refused to give audience
to any member of the building com
mission. The architect brought here
to inspect the work had been given
no suggestions. The investigating
commission had not reflected upon
the building commission. It had sim
ply stated the facts as they had been
Mr. Rawlinson declared that it had
not been the purpose of the commis
sion to reflect upon the building com
mission. The latter had not asked
to come before the joint committee.
The architect and contractor had been
asked to appear and had not done so.
Mr. Aull declared that the building
committee had been very severely
criticised, and, as an act of justice,
they should be heard.
Mr. D. D. McColl, Jr., of Marlboro.
declared that never in his life had he
been given more pleasure in enidors
ing a public action than he has in
endorsing the action of ths. '-vesti
gatng commission. He thought its
work should stand. Its members arc
honorable men.
-Mr. WV. J. Johnson, a member of the
Stat House buildin:: committee, de
clared t:1. it had not been his inten
tion to speak upon this question. for
the latiguage which he would like to
apply to the report would not be par
Mr. Williams and Mr. Rawlinson
plied Mr. Johnson with questions to
find out if the latter had been denied
the privilege of coming before the
commission. The moment was ex
citing. when Mr. Rawlinson began to
approach Mr. Johnson. but the Speak
er rapped the members to order.
Mr. Johnson declared this report
of a committee, which sat behind
closed doors. to have been a damnable
insult to the State of SouCh Carolina.
In reply to Mr. Patterson, he said
that there had been no division in the
building committee,. except for one
dissenting member, who had been
permitted to be with the investigating
commision. "Why not the other
eight? They are honorable gentle
men, all of them. and any statement
to the contrary is an infamous lie."
Mr. Williams: "Do you mean to
apply that to the members of the
joint committee?"
Mr. Johnson: "What I have said I
have said."
Mr. 'Villiams: "Do you mean to
apply that to me? It is very easy for
you to say."
Mr. Johnson: "If the cap fits, wear
it. Just wear it."
Mr. Gaston made the point of order
that the discussion was all oit oi or
Mr. Mauldin. in the chair. ru-ej
that the memorial is a mattecr for Chs
Mr. Johnson, continuing, said that
the joint committee was no more fit to
pass upon the Government architect's
work than the bitilding commission
vas to pass upon the work on the
State House.- Mr. Johnson continued
by saying that the damnable -ugges
tions in the report were~ absciute
Mr. Williams. rising very calmly
from his seat as Mr. Johnson con
cluded. and pointing his finger at Mr.
.Johnson, said, with deliberation:
There was nothing in that report to
charge members of the commission
with collusion to rob and steal, and
whoever says so is a liar."
Mr. Johnson sprang up and made
some inaudible remark, which caused
the sergeant-at-arms to come between
himself and Mr. Williams.
Mr. Aull at this' point introduced
a concurrent resolution to have a
committee appdinted to take thi tes
timony of the members of the build
ing commission.
Mr. Williams introduced a resolu
tion to hav, testimony taken by the
same committee.
Mr. Gaston thought it unwise to act
upon these resolutions when the
House was in excitement. He want
ed the memorial and resolutions re
ferred to one of the standing commit
tees of the House. This motion was
adopted by the House, and the mattei'
was disposed of.
After the debate was over Mr. Wil
liams stated: "I desire, Mr. Speaker,
to apologize to this House, not to
any individual, for the language which
I have used."
Mr. Johnson subsequently apolo
gized to the House for the use of un
parliamentary language.
The Immigration Bill.
The house on Thursday after spend
ing nearly the whole day discussing
it, redommitted the bill to establish a
department of ingnigration. The bill
had already passed the Mird reading
in the house. Mr. Lide moved to re
commit, because he did not see the
justification of establishing a new
State office. The bill provided for
the spending of more money. Mr.
Bomar favored the bill. There was
no expenditure of a little money that
promised better results. Mr. Banks
opposed the bill. After a great deal
more discussion the bill was recoin
nitted by a vote of 55 to 49. On Sat
urday the committee to whom the bill
w's recommitted submitted an tin
favorable ieport. which points to the
failre of the measure at this ses
Newberry's Levy.
The various county levies have been
fixed, the state levy being five mills,
as usual, and the constitutional three
mill levy for schools was imposed,
Newberry's levy for ordinary county
tax was fixed at three mills. making
the total eleven mills. but on a show
ing from Supervisor Schumpert and
Clerk Hinter and others it will be
reduced to two and one-half mills,
naking the total ten and one-half.
The house has sent the general ap
propriation bill to the senate and has
passed .he two supply bitis. The gen
cral appropriation bill was passed by
the house practically as recommended
by the ways and means committee,
the disposition seeming to be to let
the appropriations remain at what
they have been. There were various
unsuccessftl aztcnipi to cut down
the appropriations for the State col
The Dispensary Again.
The senate has discussed at length
and has passed and sent to (he house
the Brice hill allowing counties tc
out dispensaries with an amen I
ment that those counties which vot
against the dispensary shall not re
ceive any of the profits accuring tc
.he schools from the dispensry innd
that a tax of one-half a mill sha'l
be levied in those counties which htvt
11o dispensary for the purpilse of ca:
.Ing out the law.
Ten Circuits Bill.
The senate has been discussir.g thr
bill for the creation of additional ju
dicial circuits. Several such measures
as is known. has already been killed
I in the house. and it is now too late tc
accomplish anything at this session
but a resolution has been passed that
it is the sense of the senate that.somc
relief be had in this matter and thal
additional circuits are necessary
There are two bills in the senate pro.
viding for new circuits, and as'was th(
case in the house, it seems impossible
for the senate to agree on any one
The senate has killed the bill re
quiring the stopping of bicycles ol
automobiles or the approach of ve
hicles drawn by horses.
Ten Thousand Chinese Regulars Mas.
On Manchurian Frontier For
Service on Border.
Chefoo, Feb. 14.-A steamer arriv
ing here from Port Arthur report!
that heavy firing was heard in the
straits of Pechili at midnight.
Chinese Regulars on Border.
Tientsin, Saturday, Feb. 13.-Ter
thousand Chinese regulars have beer
ordered to leave Paotingfu- for ser
vice on hte Chili-Manchurian border.
Big Loss to Japanese.
Nagasaki, Feb. 14.-Six Norwegiar
steamers chartered by a Russian na
val contractor have been captured
The vessels are the Lena, Activ, Seir
stad, Argo and Hermes. . They car
red coal cargoes. The Hermes ar
rived here today under convoy of
cruiser. It is rumored 'that I,Soc
Japanese soldiers have been killed
presumably by the sinking of a trans
port. Disturbances are reported pro'
ceeding in Seoul.
Askold Sank in Thirty Fathoms.
Chefoo, Feb. 14.-Passengers whc
have arrived at Port Arthur say the
Russian cruiser Askold was damaged
in Tuesday's battle in the roads out
side of Port Arthur, but was kgpi
afloat until Saturday, when it sank it
thirty fathoms.
Other Captures Made.
Seoul, Tuesday, Feb. 9.-The Japan
Iese fleet which entered Chemulphe
last night escorting transports cap
tored one Russian volunteer warshii
and two steamers in the open sea.
Japanese Have Closed Harbor of Por
London, Feb. t5.-The Tokio cor
respondent of the Times, cabling un
der date of February 14, says:
"it i ssaid the Japanese squadror
Mikado Landed 6oo at Talienwan-400
of Them Sabered by Russian
London, Feb. 15.-The Daily Mail's
Port Arthur correspondent under date
of February 12, says:
Official advices state that the Japan
ese landed 6oo soldiers near Aalian
wan with disastrous results, 41o be
ing sabred by Cossacks. The re
mainder escaped to their ships. It
is further stated that the Japanese
landed at Dove Bay, where thirty of
them were killed and the remainder
retreated. f
From Chefoo it is reported that 12,
ooo Japanese troops landed at Dove
Bay last Wednesday morning and that
they were met by Russians who en
gaged them in a hand-to-hand fight.
The reports say the Japanese were
driven back. It is also reported that
Japanese troops have been landed 40
Imiles further west.
Mysterious Squadron.
Tokio, Feb. I--The Vladivostok
squadron has . c been reported to
Iday. It is unknown whether the
squadron returned to Vladivostok or
effected a passage into the Pacific. An
unverifled report says a foreign war
ship was seen off Maizura naval sta
ton. The Japanese are not specially
concerned over the naval situation as
they feel confident that they will soon
dominate the sea.
There is no fear of the Russian in
tercepting the Kasaga and the Niasin
or effecting a junction with the Port
Arthur squadron. The Russians pos
sess no naval bases except those at
Port Arthur and.Vladivostok, and the
latter may freeze up and bar the re
treat of the squadron.
Despite Russian assurances mini
mizing the damage sustained by Ad
miral Togo's attack last Tuesday at
Port Arthur, the Japanese are certain
that the Port Arthur fleet was severe
ly crippled.
Admiral Togo's fleet was not se
verely damaged and was capable of
fighting another battle immediately
afterward. The battleship Fuji was
the most serious damaged. Withdraw
als for rcpairs from the Japanese
fleet will not materially reduce its
fighting strength.
Lieutenant Commander Yamanaya,
a gallant and promising officer, was
the most prominent of those killed on
the Japanese side at Port Arthur.
has sealed Port Arthur."
London. Feb. 15.-There were a
number of belated telegrams reaching
London from the Far East last night,
but they added little or nothing to
what is already known regarding the
situation there. The mystery sur
rounding the fate of the Vladivostok
squadron is still unsolved.
The Daily Mail, the- Daily Tele
graph and other papers publish dis
patches from Tokio, Nagasaki and
Shanghai reporting the destruction of
three Russian cruisers by mines or
torpedoes in the Tsugaru strait off
Aomori, Japan. The Daiy Mail,
w ~hich at first described the news as
official, in a later telegram, says the
report still lacks absolute confirma
tion. In the absence of confirmation,
the reports are not generally credit
It is reportcd from Tientsin that
all foreigners and civilians have been
ordered to leave Port Arthur. It is
Ialso reported that the Siberian rail
road has been wrecked in six places,
covering a distance of 70 miles.
The correspondent at Tientsin of
the Standrad, cabling under date of
Feb. i, says the British, American,
French, German and Italian ministers
have jointly notified the Russian and
Japanese authorties that no hostilities
will he allowed o Chinese soil other
thn that of Manchuria.

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