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The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, January 17, 1906, Image 1

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THE SUMTES WATCHMAN, Established April, 1850.
'Be Just and Fear not-Let all the ends Thon Aims't at be thy Conn try's, Thy God's and Truth's.'
THE TRUE SOUTHRON, Established Jsn*v
Cosoiidated Aug. 2, 1881.
New Series-Vol. XXT. So 26
Published Every Wednesday,
\ $1.50 per annum-in advance.
One 'Square first insertion.$1.50
Every subsequent insertion. 50
Contracts for three months, or
longer will be made at reduced rates.
All communications which sub?
serve private interests will be charged
for as advertisements.
Obituaries and tributes of respects
will be charged for.
Th? Southern Cotton Association
Stands Pat.
New Orleans, January 12.-That j
. the sum of work of the Southern Cot?
ton 'Association was to be a declara
Vtion for 15 cents cotton with reduc
. tion in the form of diversification,
was practically settled at the after?
noon session, of the Convention, when
Chairman Dancy, of the committee on
holding, in advance of the presenta- ;
tion of its report, announced that the
committee had unanimously decided
favorably on that proposition. The
-announcement provoked the conven?
tion to a whirlwind of cheering.
? ; The premature announcecent bf
the conclusions of the committee' was
fcreed by advices from ^ew York to
the-, effect that newspaper dispatches
and Wall street reports printed and-;
'circulated there indicated a lack of
harmony among the elements mak?
ing up the convention, and dissensions
over the 15e proposition. Vy
President Jordan brought the mat?
ter before the convention. He refer?
red to the reports, which, he said, he
was informed, appeared today in all
the New York papers, as "bear 3ope"
evidently manufactured by agents of
the speculators, who were sent to min?
gle with the delegates of the conven?
.?The report that the convention1'did not
, have in its purposes, plans and work,
the hearty support^, sympathy and co?
-operation- of x;?very banker and mer?
chant present, he declared to be abso?
lutely without foundation.
Alexander H. Smith; of Green coun?
ty, Ga., urged the sending of a tele.
? i, -t
ram announcing* that, the South need?
ed no money from Wail . Street, bui
had it to lend. He said the five banks
in his county were pledged to absolute
support of the farmers, and that not
another cale there would be sold un?
der 15 cents.
Mr. R. D. Dancy, chairman of the !
holding committee, then said that' in j
view of the reports which had been i
circulated in the East of dissension in
the convention, he desired to an- ;
nounce in advance of its report that
the committee was unanimous in its
decision to ask the convention to stand
by the proposition that the Southern
farmers hold their cotton for 15 cents.
Further, he said, it was decided to
ask the committee on acreage to join
it in another plan for ten per cent, re?
duction in acreage in the form of di?
versification, and a ten per cent., re?
duction of fertilizers in the older
The enthusiasm with which the an->
nouncement was received left little
doubt of the sentiment of the conven?
Chairman Walker, of Sparta, Ga.r
who presided over the meeting of the
bankers today, then announced that
the bankers had enthusiastically
adopted the following resolutions:
,The Southern Bankers, in convention,
congratulate the Southern Cotton As?
sociation on the success which it has
already attained in its efforts to main?
tain a fair and equitable price for the
South's staple crop, and recognizing
that the interests of the farmers, bank?
ers and business men of the South ar-?
inseparable, therefore, be it resolved:
First, That, we, the representatives
of Southern banks, hereby renew our
pledge of moral and financial support
to the Southern Cotton Association in
their efforts to carry out this purpose;
and second, we urge the importance
of a better and more complete system
of warehousing and caring for cotton.
Washington, January 15.-Secretary
of War Taft announced today that
Lieutenant General Chaffee tendered
his resignation as chief of staff and
will be succeeded by General Bates on
February 1.
Col. Robert B. Hughes, a well
known citizen of Edgefield county,
died on Thursday, aged TO years.
E. M. Gilchrist, Atlantic Coast Line
agent at Mullins, died Thursday of ty?
phoid fever. ,
W. J. Dew, a white man, aged 60
years, has been missing from his home
at Philadelphia, Darlington county,
since December 26th.
Submits Transcipt of Testimony Taken
To Date.
Bills Introduced in Senate and House
Empowering Committee to Compel
Attendance of Witnesses and Re?
quire Them to Testify.
Columbia, January ll.-The dis?
pensary investigating committee yes?
terday made its report to the general
assembly in regard to the limitations
of the concurrent resolution under
which the committee has been work?
ing. Accompanying the report was a
bill, introduced in the house by Mr.
Lyon and in ?the senate by Mr. Chris?
The report is as follows:
"The committee appointed to inves?
tigate the State dispensary respect?
fully report that it has proceeded with
the investigation in accordance wit*
the terms of the concurrent resolu?
tion under which it was appointed,
and submits herewith the testimony
taken to date. Your committee is of
the opinion that it is advisable to pro?
ceed further with the investigation,
but finds that its power to compel at?
tendance of witnesses is very doubt?
ful. Your committee, therefore, sub?
mits herewith a bill granting to it
such powers as it deems necessary to
carry into effect the purpose of the
concurrent resolution."
The bill gives the committee power
to arrest and imprison for contempt
any person who may k-ct in a disor?
derly manner during the investiga?
tions. Following is the text of the bill:
"A bill to provide for the investiga?
tion of the dispensary:
"Whereas a committee has been ap?
pointed to investigate the State dis?
pensary under a concurrent resolu?
tion of the-general assembly dated the
31st day of January, 1905; and
j "Whereas in the progress of the
'work of the said committee some
[doubt has arisen as to the powers of
the said committee~~m the discharge
of their duties, and it being provided
in section 5 of said concurrent resolu?
tion that the said committee should
apply to the general assembly for such
other power and authority as the cir?
cumstances arising during their in?
vestigation may seem to require; now
. "Be it enacted by the general as?
sembly of the State of South Carolina.
"Section I. That the committee
hertofore appointed under the terms
of the concurrent resolution, dated the
31st day of January, 1905, or any
other committee or committees that
may be appointed, are hereby author?
ized and empowered to elect a mar?
shal, who, upon being duly sworn,
shall be and become a peace officer of
the State and invested with all tb
powers of sheriffs and constables in
the service of any and all process is?
sued by the committee aforesaid and
with the power to arrest and imprison
upon the order of the said committee
any and all persons who shall fail and
refuse to obey any legal order of the
said committee or who shall be guilty
of any disorderly conduct in the pres- ;
once of the said committee during any
session thereof, or who shall be guilty
of any contempt of the said committee.
"Sec. 2. The said committee be,
and are, hereby authorized and em?
powered to call before them by sum?
mons or notice in such form as the
committee may adopt and to be served
by the marshal of the said committee
or such officer of the State as may be
by the cpmmittee required, such per?
son or persons as the committee may
deem proper and to require such per?
son or persons to answer upon oath
any and all questions that the com?
mittees may deem relevant and may
propound to him or them: and upon
the failure and refusal of such per?
son or persons to obey such summons
or notice or to answer such question
or questions such person or persons
shall be deemed to be in contempt of
the authority of said committee and
may be imprisoned upon the order of
the said committee in the common
jail, to be there held until he or they
shall comply with the order of said
"Sec. 3. Said committee be, and the
same is, hereby authorized and em?
powered to send for and require the
production of any and all books, pa?
pers or other documents or writings
which may be deemed relevant to ?.ny
investigation and to require any per?
son or persons in custody or possession
of said papers to produce the same be?
fore said committee, and any person or
persons who shall fail or refuse to act
on order or notice of said committee
to produce said books, papers or other
documents or writings shall be deem?
ed guilty of contempt of said commit?
tee and be punished as provided in
section 2.
"Sec. 4. Said committee shall have
power to administer all necessary
oaths and any persons who shall, af?
ter being sworn before said committee,
swear falsely shall be deemed guilty
of perjury, and upon conviction shall
be punished as now provided by law."
Session Begins With an Effort to Clear
the Calendar of the Bills Left
Over From Last Year.
Columbia, January ll.-The House
of Representatives got down to busi?
ness yesterday and attacked the calen?
dar with an evident desire to kill ev?
erything that came in sight. Six bills
were tabled and withdrawn by their
authors, three were recommitted,
three had the enacting clause stricken
out, and two were also killed by be?
ing indefiintely postponed.
The House set Thursday of next
week as the time for the memorial,
exercises in honor of the late Col.
Altamont Moses of Sumter, the fol?
lowing resolution having been present
ed by Mr. John A. Clifton:
"Whereas, since the close bf the last
session the House has heard of the
death of Hon. Altamont Moses, late
member of the House from Sumter
"Resolved, That the House do make
it a special order on Tuesday, January
18th, 1906, at 12 noon, to pay tribute
to the memory of the deceased mem?
After the adoption of the resolution
Mr. Clifton stated that there would be
no regular programme. Owing to Mr.
? -
Moses' prominence it had been
thought better to have no regularly
invited speakers, but to let the mern- j
hers of the House and of the Senate
speak as they will. .
Speaker Smith announced the ap?
pointment of Mr. E. M. Rucker,. Jr.,
j as a member of the committee on ways
and means, and stated that Mr. Jno. G
Richards, Jr., would be the chairman
of that committee.
The Senate.
The business of the senate yester?
day was not lengthy. There was only I
one discussion- wfrile- the ca'fe^daTr was
being read. The report of the dispen- '
ary committee was made.
Senator Manning introduced a bill
to authorize the county commissioners
of Sumter to sell the present court j
Columbia, January ll.-The House
did a hard day's work, and could not
have paid more faithful attention to
the calendar had this been one of the
last days of the session, instead of
being one of the very first.
The members seem to have caught
the spirit of activity and work, and,
while the calendad is being cleared, a
great many moremew bills are coming
in than are being finally acted upon.
There is a general flood of bills af?
fecting the dispensary. Most of the
bills presented today look to the abol?
ition of the State dispensary. Mr.
Sellers provides in his bill for the clos?
ing of the State dispensary, Mr. Mor?
gan has an amended local option
measure and Mr. Browning has a lo?
cal option proposition that does not
provide for county dispensaries.
The House today passed to its third
reading Mr. Sanders' bill providing for
oil inspectors, and that all oil shall
bear the license out of which the in?
spector is to be paid. The bill is very
much the same as has been under
consideration for many years. It was
slightly amended today and went
through the House.
Mr. Sanders also had his brokerage
or future bill given its second reading
in the House. This particular bill was
taken up as a substitute for another
bill on the same line, and went merri?
ly through the House to its third
reading without a word of discussion.
Whether no one really cared or wheth?
er the passage of this bill is another
evidence of the goodness that is sup?
posed to be springing up in the State
is uncertain, but the bill against any
place being kept open where future
contracts are sold went through the
House without discussion.
Then Mr. Miller proposed a bill
which makes it a crime for any offi?
cer or agent of a corporation to deal
in futures. This bill was simply re?
ferred to its appropirate committee.
Columbia, Jan. 13-The house spent
most of today's session in a chatter
over the bill to require sheriffs to keep
bloodhounds. The House finally re?
fusing to recommit the bill by a vote
of 45 to 28.
The new bills today includes one by
Mr. Dabbs to establish a farmers' col?
lege in the middle section.
By Mr. Rucker. to allow an illegiti?
mate child to inherit from its mother.
Ey Mr. Rucker. to repeal the pres?
ent pistol law passed in 1901.
By the .Aiken delegation, to give
Aiken a county court.
By Mr. Singler, to provide for a de?
tective for the ninth circuit to work
with the ""Solicitor.
By Mr. Richards, to refer the lien
law to the next general election.
Columbia, January 15.-The House
today passed Mr. Sanders' bucket shot
bill by a\*ote of 70 to 27 and passed
his oil inspection bill by a vote of 53
to 35. Charleston opposed the hill in
the interest of independent dealers.
By the overwhelming majority of
99 to 5 the House passed the bill giv?
ing the dispensary investigating com?
mittee contempt powers and other ad?
ditional authority. The committee in?
timates that it has expended $9,000 to
date. .
The Senate.
Columbia, January 15.-The Senate
also took up the investigating com
mitee bill. Senator Cole L. "Elease's
amendment to restrict the committee
to court rules in taking evidence, was
killed on a viva voce vote. Senators
Hay and Christensen opposed it.
Mr. JohnsU_l's amendment request?
ing a report from the committee at
i this session was also rejected. The
bill went to its ttmd reading.
On motion of Senator Mciver the
senate struck out the dispensary- elec?
tions from Wednesdaj-*s election pro?
gram. He said the dispensary elec?
tion could be arranged for later.
The Senate accepted the House's
invitation to attend the memorial ser?
vices in hohor of Altamont Moses next
Columbia, January 16.-The House
began business today by passing with?
out reference to committee the dis?
pensary investigating; bill. It then
p?ssed the bill allowing Aiken county
to vote on the question of establish?
ing a county court. It also passed the
Confederate Home bill, giving that in?
stitution $2.000 annually.
The House passed Mr. Laney's bill
declaring from December 23rd to
January 4th Christmas holiday in all
State colleges. The bill comes to the
rescue of Winthrop college, whose
board refused to give holiday this sea?
Mr.'Saves' Bill reenacting the game
laws, which expired last February,
was passed, amended so as to move
the closed season up two weeks to
March 1st.
The House dispensary committee
submitted an evenly divided report
on the Morgan high license bil!. The
committeemen favoring the bill were:
Fishburne. Massey. Gaines and Bass
and those against it were: Green,
Dukes. Richards and Gaston.
The House postponed the resolution
which includes a new dispensary di?
rectorate in tomorrow's elections.
Both Houses have indicated art indis?
position to go into these elections yet.
Mr. Ashley introduced a resolution
restricting immigration to this State
to those who can speak English and
requiring a $5 per capita tax from
Work of the Senate.
Columbia, January 16.-By a vote
of 26 to ll the Senate passed the
Erooks bill establishing an infirmary
at the hospital for the insane for old
soldiers, each county to be entitled to
ene inmate.
Mr. Mauldin's bill to make Cal?
houn's birthday a school holiday was
killed by a majority of one vote. The
Erooks resolution asking Congress to
acquire and preserve the old Xinety
Six Revolutionary Fort was passed.
The senate passed a bill increasing
court stenographers' pay over the
State by $400.
The Sanders bucket shop bili came
up today but consideration was post?
poned until next week.
Admits Destroying Letters Involving
Persons of Prominence' in Scandal.
Mut Claims lie Did So Before Court
Issued Order.
Columbia. January 15.-J. S. Far
num was not ruled for contempt by
the Supreme Court today and did not
appear in person to answer the sum?
mons for that purpose. Attorney Mor?
decai made a return for him claim?
ing that the letters involving persons
of prominence in scandal were private
and personal and were destroyed by
Mr. Farnum, prior to the first order
of the Supreme Court assuming charge
of the case in the 24 days intervening
between thc first visit of the committee
to Franum's dispensary and the first
order of the court. The court an?
nounced that it would file an order in
the. case at today's noon recess.
The feeling is that Farnum has won
and that the letters will never be pro?
State Constables Hays. Mulligan
and Miller were fired on from am?
bush while returning from a raid on
illicit stills in Spartanburg county.
Cakes .
made with Royal
Baking Powder
Are delicious and wholesome-a perfect
cold weather breakfast food.
Made in the morning ; no yeast, no " set?
ting" over night; never sour, never cause in?
To make a perfect buckwheat cake, and
a thousand other dainty dishes, see the
"Royal Baker and Pastry Cook.". Mailed
free to any address. n
Special Committee to "Examine liw
Validity of thc Amendment Find
That in the Passage of the Amend
ment by the General Assembly J
* Fatal Blunder Was Committed.
i -
Columbia, January ll.-The follow?
ing is the report of the special com
mittee charged with inquiring int?
the entire biennial session situation
The report is complete and reads a:
* To the Honorable, the Senate an<
House of Representatives: The under
signed committees of the Senate an<
House of Representatives respectively
to whom were referred the matter o
the ratification of the amendment t<
the Constitution providing for biennia
sessions of the General Assembly
.would respectfully report.
That pursuant to the resolutions un?
der which said committees were ap
pointed, the two committees met ii
joint session in the city of Columbi*
on the ISth day of December, 19 OS
and again on the Oth and 10th of Jan?
uary, 1906. and thoroughly consid?r?e
the matter.
The Constitution of South Carolir
(1S95.) in article XVI, Section 1,.pro?
vides that "any amendment or amend?
ments to this Constitution may be pro?
posed in the Senate or House of Rep?
resentatives. If the same be agreea
to by two-thirds of the members elect?
ed to each house, such amendment or
amendments shall be entered on the
Journals respectively, with the yeas
and nays taken thereon.
Article 1, Section 29, provides that:
"The provisions of the Constitution
shall be taken, deemed and construed
to be mandatory and prohibitory, and
not merely directory, except where ex?
pressly made directory or permissory
by its own terms."
"We find that the amendment pro?
viding for biennial sessions of* the
General Assembly, proposed by the
General Assembly, under the bill (S.
29, Mr. Warren, H. 27S,) was not en?
tered on the Journal of the House of
Representatives, though the yeas and
nays were taken thereon, and that
under the provisions of the Constitu?
tion above cited the amendment has
never been properly proposed by the
General_ Assembly and submitted to
the people.
Ey reference to the Journal of the
House of Representatives it ippears
that the bill was read the first time
! and referred to the committ?e <~>n ju?
diciary, its title only appearing m tho
I Journal. (House Journal, 1303, p.
The bill was reported by the com?
miten by its title only, and ordered
for consideration. (House Journal
1903, p. 43S.)
The bill was continued, its title only
appearing (House Journal. 1903, p.
610.) ^
The bill was made a special order,
its title only appearing (House Jour?
nal 1904, p. 55.) *
Debate was adjourned on the bill,
its title only appearing. (House Jour?
nal, p. 222.).
The bill received its second read?
ing, its title only appearing, and wa?
ordered to a third reading, yeas ST.
nays 30. (House Journal. 1904, p.
The bill received its third reading,
and was ordered enrolled for ratifica?
tion yeas S3, nays 26. (House Journal.
1904. p. 243-244.) its title only appear?
Tho bill was ratified, its title only
appearing. (House Journal. 1904, p.
Thus it appears that nowhere is the
amendment entered on the Journal of
the House of \ Representatives-the
Constitution provides that it
shall he ' so entered, . and
this provision is mandatory
We, therefore, advise that the same
should not, and cannot constitutional?
ly, be ratified ty thc General Assem?
We would furthermore report ana
advise that under the proposed amend?
ment which was voted on by the peo
pie so much of Article III, Section 9,
of the Constitution, as is altered hy
such proposed amendment would rea?!
as follows:
"The first session of the General
Assemly elected under this' Constitu?
tion shall convene in Columbia on the
second Tuesday in January, in the
year eighteen hundred and ninety-sev?
en, and thereafter annually at th?
same time and place until the end'of
the session occurring in 1906; after
which the said sessions shall be held
at the same time and place biennially.
Under this provision the first session
of the General Assembly after the ses?
sion of 1906 would be held in the year
19OS, and this being the case under
Article IV. Section 2. of the Constitu
tion. the Governor and other State of?
ficers to be elected in the year 1906
could not be installed, and could not
enter upon the performances of their
duties until the year 1908. This, we
think, is extremely inexpedient ?md
harmful, and if biennial sessions o?
the General Assembly are* to be held,
we could advise that the first session
thereunder be held in the year 1907,
and to that end we submit herewitht
draft of bill to so provide.
We would further suggest that *f*
the proposed amendment to Article HI,
Section 9, of the Constitution, he
adopted that Article IV, Section 16 he
amended by striking out the word
'.annual'' therein; also amend Article
V, Section ll, so as to permit the gov?
ernor to fill any vacancy in the judic?
iary by appointment until the next
session of the General Assembly; als*>
amend Article X, Section 2, in refer*
ence to deficiency in the fund of the
State for any year and providing for
levying tox sufficient to meet sam? at
the next session of the Generar As?
We submit herewith, as a par* ot
this report, such bilis as we think:
proper and necessary to effect all
changes in the Constitution wh?c?s
would be rendered necessary by a
change from annual to biennial ses?
sions of the General Assembly, and re?
commend that the General Assembly
do not ratify the amendment hereto?
fore voted on, but that the bill for the
same be laid on the table and that }h&
bills herewith submitted be consid?
ered in lieu thereof. ,
All of which is respectfu?ly submit?
Edward Mciver,
T. M. Taylor,.
J. K. He-tKL
Special Committee from the- Senate,
j B. A. Morgan.
T. B. fraser.
W. P. Pollock
Special Committee from tfte House oi
L. P. Fouche. a medical stu3e.rsc
whose home is in Ninety-Six. wssr
found on Coming street. Charleston^
Thursday night suffering from, a: pis?
tol wound in the stomach
Rev. J. H. Elliott, T?. thy. a brother
of former Congressman Elliott arid a.
former Carolinian, died in Washing?
ton, where he was rector of the
. Church of Ascension.
John W. McMakin has been em?
ployed to coach the Clemson basehaB
team this season.

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