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PAI-ABLSHED1-,.EWB--- .-- --vU D .JA Y 5
rTABTISHED '1865. -NEWBERRY, S. C., T UESDAY, JANUARY 25, 1898. TWICE A WEEK, $1.5O A YEAR
THE GENERAL ASSEMBLY
IldUi OLEAiS ITs CALENDAI?--SEN
ATE HAS A NIGHT SESSION.
Th* ?rvoment for the Popular Elvation of
qudg#s Come to an End for this'session at
Least, Mr. .'agsdale's Amendment tothe
Constitution Being OverwhelM I ugly
bofelted in the Mouse-A 11111 'rised
- for the Protection of Sheep nsu
Cattle Against Worthiless Dogs
senator Bolst's 1ill to Insure
Honest Primaries Is Tempor
arily Postponed-A Great
Many Olher Matters
Acted on and Both
Houses Make Rap
(Special to News and Coarier.)
Columbia,Oanuary 21.-The Houso
touched bottom on its Calendar to
day and the Senate was not satisfied
with a good day's 'work, and deter
mined upon a night session. The
more impoltant measures, however,
in both branches have not been acted
upod, and there is now another series
ofeldctiona ahead to attract special
I'The itcidents of the day were the
1ttements of Representatives R in
and Blythe relative to the State
prining, Mr. Kinard, who is chnir
manif the committee, stated that
he had not been invited to act and
knew nothing of the matter until he
aw it published, and disclaimed re
pisibility for anything that might
ave been done. Capt. Blythe stat
d that he received a telegram and
at he did not know the occasion
r the summons and further that he
bought the committee acted merely
4,advisors of Oovernor Ellerbe, and
esaw no wrong. His name ap.
eared as chairman on some card or
alepdar, but he was not chairman
f the committee on printing on the
art of the House.
Mr. Raineford and the friends of
he measure made a hard fight to
Ot a vote by the people on an amend
ment to the Constitution to provide
fr the .popular election of JudgeL.
It'w'asnecessary to have a two.thirds
vote for'the resolution to make it of
fective, but it wap killed upon the
direct vote by the House.
Strange to say a bill - directed
against the famous "yaller dog" was
passed,: and by a large majority.
Quiit a- number of minor bills
were acted upon and altogether a
considerable gap was made in the
In the Senate Senator Buist dis.
cussed at length his primary bill,
but final action on it was postponed
for the 'present.
Senator Henderson's bill relative
to medicine vendors also came in for
considerable disceusSion, and Wvas de
Quite a number of minor proposi
tions w'ere acted upon and the Sen.
ate decided -to hold its first night
session, gettinig one point aboad of
the House on this line. The gouse,
however, is~ comparatively further
ahead. The dispensary and appro
priation bilis are still unheard. fro>m.
PIIocBEDINGs OF TE HOUSE.
The House this morning th at took
up Mr. Rainsf ord resolution, which~
sought a cetitution8l amoidnwent
-permitting the popular election oA
Mr. Rogers called for the previous
question, and -under the Constitu
tinayea and a nay vote had lbeen
taken, which resulted 42 in favor of
the resolution and 81 against it.
No DANtK EXAMINER.
Mr. Winkler said he had no' ex
te'nded remarks to make in favor of
his bill to prov.ide for the examnina
tion of the banking corporations of
the State. He siruply wished to
oarry out the constitutional provi
Mr.~ De Loach proposed that the
ealary be fixed at $1,000 Instead of
On motion of Mr. Living~ston the
bill was indefinitely postponed.
Is TnBRE A PUBhLIc:PRINTER?i
There was quite a break in the
monotony of the proceedings today
when Mr. J, Dl. Kinard,.chairman of
the committee on printing, arose and
said that he had Aioticed ana article
with reference to the award of the
State pirirlting. The article (in the
Register) spoke of the Illegal award
of the state printing, and grave
complications which might ar'isx
about the matter.
He then read an extract from the
Governor's message in which it was
stated that the award of the State
printing had been made -by the elee
tion of Mr. Chas B. Calvo as State
printer by himself and the chairmen
of the printing committees of the
two houses. The extract reads is
"During the year the office of pub
lie printer having been declarnd va
cant, the committee provided hor by
law, consisting of the Governor and
the chairmen of the committees on
printing of your honorable bodie's
met and elected Mr. Charles B. Cal
vo public printer."
As chairman of the printing com
mitteeof the House he wished to
say that he knew absolutely nothing
about the election of Mr. Chas. B.
Calvo. He never received any notice
-from Governor Ellerbe or from any
body else. lie said that he simply
wished to set himself right, as he
knew nothing about the matter natil
he saw it published.
Capt. Blythe, who acted on the
part of the House in the selection of
Mr. Chas. B. Calvo as State printer,
said that on Friday night, about 9
o'clock, he received a telegram ask.
ing him to come to Columbia on a
very important matter. He did not
know what it was about. When he
arrived in Columbia he was advised
that he had been summoned in re
gard to the appointment of the
public printer, Mr. Chas. A. Calvo
having been declared non compos
mentis. He was told that he had
been asked to consider the matter as
chairman of the printing committee
on the part of the Vouse. He said
he did not think lie was chairman of
the committee, but ho seemed to be
so regarded. During the last ses
sion he attended but one meeting of
the committeo, and his recollection
was that there ivas but one bill be.
fore that committee during the en
tire session, and he was not familiar
with the members of the committee,
most of his time being dovoted to
committee work on the judiciary
committee, when committees were at
work. His recollection was that the
committee did not meet but oncelast
year; if oftener he was not present.
Senator McDaniel was in the same
predicament, but he was informed
that the chAirman of the committee
had resigned from the Senate.
It seemed to him that the Gov
ernor should have largely the ap.
pointment of the State printer, and
he regarded the call upon him as
being largely advisory. He thought
the Governor had a right to call on
him for his advice and co-operation
if he so desired.
Mr. Ilderton: "What is the law on
the matter ?"
Capt. Blythe replied: "I do not
know. I simply thought we were an
advisory board, and the Governor
was responsible; feeling that way,
and thinking him responsible, we
acquiesce in his act. We saw no ob
jection to what he ha'd done. The
Governor was willing to take it."
As seen as ho returned to Green
villo, Capt. Blythe said, he looked
into the Journal, and found that he
was not chairman of the committee.
His name was printed as chairman of
the committee on some Calendar or
booklet about the House, and that
was how the mistake probably oc
Both Mr. Kinard and Capt. Blythe
spread statements upon the Journal
of the House relative to the matter.
The point made was that Mr. Mc
Daniel, of the Senate, and Mr. Blythe,
of the House, who acted with Gov
ernor Ellerbe, had no legal authori
ty to elect a public printer for the
interim, and that the said election is
wHY NOT ADvERTIsa ?
*Mr. Crum presented a concurrent
resolution providing for the printing
of 1,000 extra copies of the report of
the State historian. He said the
Governor had suggested this in his
message, and the committee on mill.
tary wished the resolution adopted.
It was for the purpose of aiding the
historian in recovering missing re
Mr. H. J. Kinard moved to refer
the matter'to the eondmittee on pub
lie piinting. This was done.
The Senati sent a message saying
it had killed the insurance commis
HLBOTIONS NAT WRDESDAY.
The elections as provided in the
coneurtent rosolution of the House,
will take place next Wednesday, the
Senate-having agreed thereto.
\BON STILL A CAPITAL 011.S.
Mr. Sinkler, of Charleston, dis.
cussed his bill relative to the punish
ment for arson. He went over the
history of the pnnishment, and said
if'human life is lost by the burning
of a house and indictment will fol
low for murder. It is a monstrous
proposition to think that life can be
taken for what money can restore. At
one time the death punishment fol
lowed on 100 crimes, and this led to
more crime than ever. The exces
sive severity of a law often hinders
its execution. Tested by civihsation
and the rule of reason this long list
of crimes punishod by death has
been reduced to three, and arson
should be taken from the list. All
that was wanted was to look at this
bill with reason. Arson is a bald
offence against property. To at
tempt murder does not lead to hang
ing, and so in armon, if death follows
indictment for murder is in order.
Mr. DeBruhl, of Abbeville, said
arson in on. the decrease. Last year
there were 11 less cases than
the year before. The main objection
to the bill is that death should fol
low the crime of arson. If the jury
recommend to mercy the death asn
tence will follow.
The class of people who commit
arson are not deterred by the Peni
Mr. Rainsford said to pass this Act
would be to take a step backward.
There is nothing more hienous than
the setting fire to a home.
Mr. Kinard moved that the bill be
indefinitely postponed, which was
TO ENFORCE THE oAME LAf.
Mr. Pyatt's bill to enforce the law
as to hnting was ordered to its third
reading without debate. It reads:
Section 1. That Section 1,692 of
the General Statutes of South Caro
lina, being Section 422 of the Re.
vised Statuteu of 1893, Vol 2, be,
and the sanie is hereby, amended by
striking out the words "three months"
on line 7 and inserting in the lien
thereof-"thirty days," and by strik
ing out the words "two months" on
line 8 and inserting in -l'n thereof
the words "thirty days." So that
said section when so amended shall
read as follows:
Section 425 (1,891.) In case any
person or persona 3o convicted shall
refuse oif neglect to pay such a fine,
then it shall and may be lawful, and
the magistrate before whom he is
convicted is hereby required, to com
mit such person or persons to the
common jail in the connty where the
offender or offenders shall have corn
miltted the said crime, there to re
rui without bail for a term not ex
ceeding thirty days for unlawfully
hunting with fire in the night time,
an'd for a term not exeading thirty
daysa for violations of Section 422, of
In addition to the above penalties
any person or persons who shall here.
after hunt with fire in *the night
tiz:ie, or kill any horse or neat cattle,
or other stock of any kind, the prop
erty of another person, shall be lia
ble to a civil ation by the person
Senator Moise's Senate resolution
wai adopted, .to appoint a commis
sion to inquire into the officers and
attaches of the General Assembly
and their compensation. The com
mission will look into the cost of the
abtaches, but no changes are to be
made itt this session.
Mr. Winakler's bill to require the
county treasurer of Kershaw county
to pay to the auditor of said county
$50 pe~r annum over and above his
salary as now fixed by law, for extra
services in entering special tax upon
his dnplicates for School District No
1, of Kershaw bnty, was adopted
Mr. Magall's bill to provide for an
additional magistrate in Greenwood
County, located at Verdery, was
amended on motion of Mr. Whison
ant, so as to add a magistrate for
Limestone Township, in Cherokee,
and as thus amended was adopted.
Mr. Johnson's bill to regulate the
fees for filing, indexing and certify
ing chattel mortgages where the
amount secured is not nore than $100
was adopted without debate. The
fee is fixed at 15 cents as a maxi
TO PROTHCT SHEEP.
Mr. Harvey's bill to require the
killing of sheep-killing dogs was
passed in a hurry. It reads as fol
lows as adopted:
Section 1. That any person who
owns or has the custody of any dog
which kills, or attempts to kill, any
sheep, shall, upon receiving knowl
edge or reliable information of such
depredation, kill or cause to be killed
such dog immediately upon the re
ceipt of the knowledge or reliable
Section 2. That any person who
owns or has the custodoy of any dog
and refuses or neglects to carry out
the requirements of Section 1 of this
Act shall, upon conviction thereof,
be deemed guilty of of a misde
meanor and shall be fined not more
than $100 and not less than $20, or
be imprisoned not more than thirty
days and not less than twenty days.
Mr. Sinkler did not think the bill
necessary, as there was already au
thority of law to kill such dogs.
Mr. Price, of Orangeburg, wanted
to include dogs that interfered with
the "products of poultry."
Mr. Harvey wanted the bill left
Mr. Limehouse wanted the pun
Mr. Harvey said the bill should
pass as it stood, and so it did after
his appeal for cattle and sheep.
These, he said, were more valuable
BILLS FINALLY PASS8D.
The following bills passed their
third reading today:
A bill to regulate express, tele
graph and telephone companies.
Mr. H. P. Goodwin's bill to require
free public schools to observe the
third Friday in each year as Arbor
Mr. H. P. Goodwin's bill to amend
an act entitled "An Act to create a
separate school district from portions
of Aiken and Orangeburg counties,
including the town of Sally, in Ai
The following is the text of a bill
off'ered by Representative Anderson,
of Georgetown, to exempt fraternal
beneficiary associations from taxa
Section 1. All beneficiary associa
tions, lodges, societies or other bene
ficiary organizations, formed on or
ganized and carried on for the sole
benefit of its members and not for
profit, having a lodge system with a
ritualistic form of work or govern
ment, making provisions for the pay
ment of death benefits at the death
of its members, shall be exempt from
Section 2. That all beneficiary or
ganisations coming within the pro
visions of this Act shall, on or before
the first day of February each year,
make and file, under oath of the pre
siding officer and the secretary, a re
port showing that it truly comes
within the provisions of this Act,
with the county auditor and city or
Section 8. That all Acts or parts
of Acts, inconsistent with this Act
be, and are hereby replealed.
Mr. Smith's bill to repeal the law
giving the governor the right to ap
point police commissioners of cities,
was warmly favored as well as oppos
Mr. Winkler moved to strike out
the enacting words.
Mr. Smith held that the law was a
bad one It took away from the peo
ple the right of self-government. -It
places in the hands of the governor
the right to appoint officers of the
city, yet no citizen had a right to say
what their alaries shonld be. ne
oficer might get drunk or commit
some other crime, yet the citizens had
nothing whateer to do with it and
could take no action. Mr. Smith
hold generally that the law was un
called for, and referred to the facf
that it would be money in the pock
et of ;tax-payers if the legislature
would repeal bills instead of enaot
ing now measures. His opposition
to the law was not against the dis
pensary. The bill did not contom
plate anything of the kind. This
law is bound to be repealed sooner
or later. This logislature may not
do it, but some other will. The law
is not a thrust at the dispensary.
Mr. Winkler agreed with Mr.
Smith to his proposition as to local
self-governmunt. It is a principle
which is doar- to the hearts of all the
people. But still a greater princi
ple is to have the laws on the statute
books enforced. There must be
obedience to the law of the State.
In his own town, Camden, the law
does not apply, but the act is not
held a a Sword of Damocles over
the heads of any municipality. All
municipalities are the creations of
the State, and the question is whoth
or the creator shall be less than the
created. He moved to strike out the
The aye and nay vote being do
manded, Mr. Smith's bill was killed
by a vote of 51 to 34. The follow
ing was the vote of the members,
the yea vote being for the metropoli
tan police law and the nay against
Yons-H1on. F, B. Gary, speaker,
and Messrs. Bethune, Bly the, Caugh
man, Crum, G. M. Davis, Goo. W.
Davis, W. C. Davis, Dukos, Efird,
Epps, Fox, Garris, H. P. Goodwin,
0. P. Goodwin, Graham, Hamilton,
Harvey, Hazeldon, Henderson, Hiott,
Hollis, Humphrey, Ildorton, Horace
E. Johnson, T. E. John3on, Henry J.
Kinard, Lester, Limohouse, Mauldin,
Meares, J. E. Miller, Moore, McLau
rin, McWhito, Owen, Pollock, Russell,
Skinner, Spoor, Toole, West, West
moreland, Wingo Winkler, Williams,
Witherspoon and Wyche.--51.
Nays-Messrs. Anderson, Ashley,
Bedon, Burns, Colcock, Cushman,
DeLoach, Edwards, Gadsdon, Gage,
Gasque, Hydrick, Kibler, Lofton,
Mehrtens, Mishoo, McCullough, Mo
Daniel, Nettles, Patton, Reynolds,
Robinson. Sanders, Sinkler, Simkins,
S. R. Smith, W. S. Smith, Sullivan,
Verner, Vincent, Welch and Whiso
FATAL WVREoK~ ON COAST LINK.
New York Train for Florida and a Columi
bia Local Conlides Near Charleston.
(Special to Atlanta Journal.)
Charleston, S. C., Jan. 21.-Train
No. 37 of the Atlantic Coast Line
from New York to Florida, and No.
52, local from Chorleston to Colum
bia, collided about eight miles west
of this city this morning at 7:17
Two men were killed and a num
ber of others injured.
The dead are:
Rlobert James, fireman of No. 87.
Wesley Bishop, fireman of No. 52;
Engineer Noely, of No. #7, badly
mashed and scalded.
Jonn Sellers, colored, scalded.
E. Ri. Lisles, baggage master, leg
Engineer E. F. Hall, No 52, arm
Mail Clerk J. H, Bingham, log and
M. McDuiflie, baggage meQstor,
bruised about the head.
J. A. Powell, expross messenger,
A. J. Gourdine, of Charleston, and
J. W. 11ood, of Knoxvillo, bruised
about t.he head.
Several p)asseongers on the Pullmnan
were slightly scratched.
The collission wvas caused by
confusion of orders. No. 37 had thE
right of way, bult was late, and the
local train had orders to take siding
if it could be made by 7:19. Th<
point was reached at 7:17, but the
special was a few minutes ahead o:
Bioth . locomotives wvere smashed
but only two cars were dlamaged.A
relief train was sent to the spot, ain<
the injured people were brought t<
Thk FUisric PINTICt.
What Governor Elerbe antid Assistant At
torney General Townsendf have to Say
About the Illunder in the Eleetiolt
of 0. If. Calvo an State Printer.
(News and Courier)
Columbia, January 21.-O.wing to
the question of personal privilogo'
raised in the House today by Messi.
Kinard add Blytho, it reportor
called on Clovenor Ellorbo to obtain
his version of the matter of the elec
tion of public printer. Tho Governor
was confined to the Mansion by
sickness, but he promptly gave out
the following statomont:
"Being oflicially informed of the
unfortunato condition of Mr. Calvo,
the State printor. I coninunicted
with the legal department of tho
Government to ascretain what iy
duties were in the promises and
what should be dono. I doming it
necessary to at onco, owing to the
fact that the reports requirod by law,
to be made by the different depart
monts of the State Governmont and
public institutions were about ready
for the printer. I was advised by
the Attorney General that it was
my duty to summon the chairmen of
the committeo on public printing of
the respectivo houses to elect a pub
lie printer. I thon asked Assistant
Attoruey General Townsond to give
me the names of the chairmen. Ho
did so, and furnished m tho name
of Senator DcDaniol, as chairmon of
the Senate committeo, and Repro.
sentativo Blythe, as chairman of the
Houso committeo. Thoso gontle
men were at onco notified aimd mot
in Columbia. After a full discus
sion and consideraton of the matter,
Mr. C. A. Calvo was elected to the po
sition, the committoo buing influonced
to a considerablo dogroo and duo ro
gard being had to the publbc in rorOst,
by the sad and unfortunato condition
of Mr. C. A. Calvo "ntil I was in
formed of tho statemont mado by
Kinard and Blythe in the House to
day I wn never advised or had any
information that the latter was not,
chairman of the House committee
and Senator McDaniol of the Sonato
committoo. These are the simplo
facts, and if an error was committed
it is duo to a mistako mado upon
erroneous, but, I am satisfied, honest
information givon me."
un. TOWNBEND's STATMENI.
The Assistnrit Attorney Gem rid
has addressed the following lettor to
Columbia, S. C., January, .1808.
Ion. J. 1). Kinard-DMar Sir: A
few (lays before the meeting of the
General Assembly Governor El lorbo
came into this ofice in the absence of
the Attorney I onoral anmd statedl that
Mr. Charles A. Calvo, the public
printer, hadt boon1 declared a lunatie,
and was committe(d to the Asylmum,
and asked how the vacancy wvas to ho
filled. I showed him the Act of
1893, and pointed out the section
providing for the appointment of a
public printer b)y the Governor and
chairman of the committees on
printing of the Senate and Honse of
Representat ives. In the same con
versation the GJoverno,r asked mie
who were ,chairmen of the commit
tees, end I referred tona pad lyjig
on my table giving the standing
committees of the House, and stated
t,hat Mr. Blythe was chaiknan of the
House committee. A list of the
standing committees of the 'Sonatea
was found, and I ascertained that
Mr. Ragan was chairman of the
committoe, but remarked that he had
resigned, and I snpposed Mr. Mc
Daniel, the next nimo on the comn
mittee would bq 'aut horized to act
under the circumu4siges as chair
man. This was all thbat was said.
The next I heard of this matter wa~
a day or two afterwards, when
message wvas received1 from the Gov
ernor that he doesired to son mne.
went to the Executive chambher and
found Mr. Bilythoeand Mr. McDanirie]
there. The Governor aslked me1 t<
approve the bend of Mr. Cualvo, th<
appointtee, which I at first declinmed
to (10, but afterwvards consented to de
nso. A written ap)pointmonnt wvas
then prepared Mr. Calvo whiwh was
signed. At the time I stated that
Mr. Blythe was chairman, I believed
that he was anid dlid not (discover
bad been misled by the ad ( until to
Iday. The pad is still on my table
> Yours very truly,
CI. P. Townxssn.
TiE DRUNKARlD' SmiltMON.
Addre,veI to Two Ulided Youths motor* a
(New Orleans Picayune.)
It was growing litto. The tid* of
humanity that earlier in the evening
had obbod and flowed through the
stroots of tho great city had swept
onward, leaving tle strango and al
most appalling sense of desolation
that coimos when the noiles of the
town 1a hushed. Tho elootrio
lighfs flared unnoted on the corners,
the street.cars passed at farther in
torvals, now and thon a night worker
hurriod by, his footstops ringing oat
loud and clear inl tho stillness. In
front of a saloon, whoso lights shone
out. bright and ruddy across the
pavominilt, stood a tramp, unshorn,
ragge1, dirty, disgusting. H watch
od with enviou eyes the mon who
pissed in and out through the swing
ing doors, and tho i turnod his eyes
toward two young follows in evening
dress, who woro coming down the
stroot toward him. They had been
drinking dooply, and they stopped
boforo tho salooi door and looked
curiously at him. "By Jove," Paid
one, "think of having a thirst like
that and not. the prico of an extin
guishor in your- pockt! Boats old
Tantihis all to pieces, oh ? Liquor,
liquor ovorywhere, and not a drop to
drink." lIo ran his hand in his
pocket and proffored tho tramp a
dime, but bofore it could bo accepted
tho other young follow intorpoaed.
"Iay," ho said, "lot's do the good
Samaritan and sot Hobo up to a good
drink." The other hilarously con
sonted, and tho tramp sletoiehod into
th saloon at th hIools of the two
gilded youths. Th barkoopor sot he
fore them glasses and liquors, and,
with a hind that, shook the tramp
poured out. a brimming glass and
raised it to hiiii lips. 'Stop," cried
one of tho young mon drunkenly;
"tmake Is a1 speech. It is poor )i
(1uor that dosl'l't. u1nloosln a man's
tongue." The tramlp hastily swal
lowed down thu drink, aid as the
rich li(uor coursed through his blood
ho straigltonuld himsOlf and stood
boforo them with a|grlco and dignity
that all his rags and dirt could not
obscure. "( ent lemen," he said, "I
look tonight it you nil(d at myself,
aid it swims to mo1 1 look upon the
pictire of my lost manhood. This
bloated fatee wias once as young and
hiiidsome its your-,. 'I"Iis slitimb
Iling ligre once walked as proudly
as yours, a man inl a world of men.
I, too1, ()nco hadii a h))ioe and friends,
anid position. I had a wifo a. beau -
tifu asi an il artist 'si dreamru, anid I
droppedl thle psiic'lees peatrl of her
honoer and~ i'S respc in t.ho winocdup,
and, Cleopatrat like, sawv it dissolve,
arid quaffod it, down ini tim brim.
mfinig diraughit. I had childron as
sweet and lovely ias thle floweors of
sprinhg, and1 I saw t.hem fade and die
under the 1)bilitinig ourse of a drunk
iird fat her. 1 had a home where
lovou lit the flaimo upjon thu altar and
ministered before it, and1 I put out
the holy lire, and' dlarknmess and doso
lation reignetd in) its steard. I had
aIspirattions and atmibitions t,hat soared
as high as the muorninmg star, and I
b)roko and bruised their beautiful
wings, amnd, at last, strangled themt
that I miight be tortured with their
cries no more. Tbodaiy I amn a hus
bitund without a wvife, it father with -
out a child, a trinpil with no home to
call his own, a iman in whlom overy
goodl inmpulse is (lead. All, all swal
lowed up mn the malst romi of drink."
The1( trmp ceased sp)onking. The
glass fell from his norveloss fingers
andi shivered in to a thorusand frag
merits on tue floor. The swingineg doors
pushedi open anid shuat to again, and
when thle little grou p about the bar
looked ny th bm ramp was gone.
In One Day.