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The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, September 25, 1912, Image 1

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TMK si'ifTKit WATtlDlAX, KutsriBshOd April, 1SM.
?Be Just and Fear not?Let all the ob da Tbon Alms't af bo tbjr Country's, Tby God's and Truth's."
TBE TRUE SOUTJLRON, Established Jus*, IMt
Consolidated Ahr. 3, 1881.
Vol. XXXV. No. 9
\m>1rjc'\n marin ks batti.k
Wim revolutionists.
I^iaJU Art* \ol Known, s? N'cw>
Kn.m MmraKUM Hum Boen of
Rather lYagmcntAr) Character.
Washington. Sept. 20.?A delayed
cablegram frooi Hear Admiral South
er Und. dated Managua. 1) o'clock p.
m.. September 17. Indicates that a
battle haa been fought between tho
American naval forces and the reo
els at Barrancas. 14 miles south of
Managua. a_id an ?m|S*1 distance from
Qranada. which the naval expedition
waa seeking to relieve. The blue?
jackets and marines were fired upon
br the rebel*. Their leaders refused
Admiral Southerland's demand to
open the way southward and he s?.nt
for rein force na en ta from Managus.
Severe fighting between American
naval forces and Nlcaraguan revolu?
tionists Is believed to have occurred In
the past few days near Barranca, al?
though reports from the scene are so
meagre that officials here have no
definite idea of what has happened.
Rear Admiral Southcrlaud is In the
field, probably with upwards of 2.000
men. snd If plans have not miscar?
ried, by this time he has cleared the
route of the national railway of op?
posing rebels and relieved the / mine
threatened city of Qranada.
European attention to affairs Im
Nicaragua at this time U believed to
be one of the possibilities of the sit?
uation. The Washington government
In sending relief to the beleaguered
city. Qranada. populated by m i-,.,
foreigners, had hopes to avert ggty
pretext for landing European mili?
tary or naval forces on Central Amer*
can soil.
The British consul general . ' Mana?
gua and the Brtlsh consul at Mata
galpa have reported two British sub?
jects murdered by the rebe!? at
Aobuapa. It Is expected, however,
that the British government, before
taking action upon its own account,
will await the results of the Ameri?
can taxnpaign. A delayed cablegram
fresjs ^Sjggslial. goutherland. dated
Managua, 11 o'clock. September 18.
and reporting that American blue
Jackets and marines were fired upon
mm they attempted to open the rail?
way, reached the navy department to?
Delayed reports yesterday said the i
Qranada relief party had been fired 1
upon hgg Sunday; that the officer In ,
command had halted and sent to
Managua for reinforcements, end that
Admiral Southerland had gone to the
rescue with two companies of ma?
rines and a detachment of sailors.
Whether or not thee was more Hr
lag from the rebels before the addi?
tional force arrived is not known, but
it is possible th if the br ush referred
to In the dispatches received today
waa the one that took p lac o Sunday.
I'pon hi* arrival at llarraneas Ad?
miral >i>utherlan? sent word to Qen.
Zeladon. one ol the rebel leaders
that he proposed to open the railroad
to Qrsaada snd keep it open, and
that he would gg | the rebels Just 24
hour* to c |e,?r th? front.
While Z. .ohm gggHat. d (o n Menu,
tho prlr.'lp.il leader In the revolu?
tion, csme northward froo, Oranadi
with aSMthsS lafSJO force of rebels and
Joined him Aft. r < <? nsultatlon the\
sent a formal asjgeejs* emerit to Ad?
miral Southerland, announcing their
purpose to oppose his advance.
It is not known ex o tly how pa my
ggsjati or saagtaes eeaapoaed the ad
mtral's force at that time, but it H
believed that it did not ,x< eo.l ;;ou (,r
400 men. At any rate. |g view of
the large number <.f rebels in hi*
fr.>nt. and unwilling to run the risk
of eres toaipuean gsfsat, the admiral
called for reinforcements from Mann?
gua. where it is believed there were
?im about 1.600 sailors and marines
available, so it t<> mike sure of o\<
powering any OpposlttoS thai the
rebels might offer.
official reports to the St ito depart?
ment rarely Include muh severe lan
gauage ss those wbh b are now lagged,
deullna with the condition* tn Qrana?
da. which it I* said ' ire worse than
those which Sjgtated In the Congo, and
the I'lltlllllllUi '' The rebeln with
unpirailehul ferocity bi\e turned
up'?n women and children, and their
warfare Is char icterls? d b\ I tgtttfg
to atmoluto barbarism.
American Minister Waltasl hi. i
letter from PAsgfu Rafael Ouaggyg,
pr??ent minister of hi.,true of Prssl
dent Mas. and from Cgfksj CuledfS
the Nlcaraguan member of the
claims commission, in whhh in the
gggga of humanlt\ ami Clvlllgatlon,
they beg Minister Weltsel to do all
that he ran to protect their families
Wh.? \r" ?" Ins; fSrO< logoff persecuted
at lir.ini'h Th# \ base primed that
Bryan Point* Out That Third Party
Is OuUitmc of Taft-RooHcvelt Squab
b|r. l*ralso for Wilson.
Hozemun, Mont., Sept. 20.?Declar?
ing that "when presidents and ex
presidt nts fall out honest people come
Into their own," William J. Bryan
here today denounced Col. Roosevelt,
saying that the former president had
come into the vineyard of progres
slveness at "a quarter to 12." He de?
nounced the proposed trust control
by a bureau as a method advised by
George W. Perkins.
Mr. Bryan took issue with Col.
Roosevelt's reply at Denver to his
statements regarding a third term by
saying that it no limit were placed
upon the holding of nonconsecutive
terms a president easily could elect
his successor. He declared that the
"steam roller" that had run over Col.
Roosevelt at Chicago had been con?
structed in 1908 and stated that Wall
street had failed to carry out the
programme at Baltimore that it had
put through at Chicago.
Mr. Bryan attacked President Taft's
tariff board policy and said the United
States has a president who did not
trust the people who had elected him.
Mr. Bryan praised Qov. Wilson as
the people s candidate, who "has In?
telligence, moral courage and sym?
pathy with the people."
InterfMirllNnieiiUiry t'nlon Declare*
for Interdiction of t'*c of Plying
Machines In Battle. ,
? i
Geneva. Switzerland, Sept. 20.? -
The question of the use of aeroplanes i
in time of war was recommended at '
today'j session of the J nter-parlla
inentary union is its approval by the
conference. a* announced last night,
apparently was voted under a misap- .
prehension. _ ^ ,
After a long discussion today the
resolution Introduced by the Belgian
minister of State, Auguste Beernatre.
interdicting the use of aeroplanes in
g ar, V as mli >oted \
G ust a v Ador. president of the inter
na t uuia 1 committee of the Bed Cross,
said that numerous protests had been
reeelved from Bod Cross workers in
the Held against the Italians throw?
ing SSplOSlvs from aeroplanes. He
added that the Italians had denied
the allegations.
Tho Italh.n delegates at the con
foraneo supported the proposal In?
troduced by Mr. BoornatrOi which also
was approved by some of the British
and German rsPT?SntatlVPS,
Two OossvtcSed in Lestugtoxi for
Killing of Adam Watts.
Lexington, Sept. 21.?"Gufllty of
manslaughter as to Jacob and (J >van
Watts; not trinity as to James HoWOll."
This was the verdict of the jury who
hoard the ease of the three men
chanced with the murder of Adam
Watts, the T 1-year-old brother of
J I Cob Watts on the 7th of August last.
Judge Bhlpp deferred passing son
t? ce until next we. k.
Gen. Men.i and hi> agents are perwe
? ..ting their relatives because they
themselves are members of the Dtai
government. Their brothers, private
SlttgOnS, they dec tie. have been in?
humanely tortured, deprived of food
and obliged to pay large .sums of
money for I few crumbs when weak?
ened from ia< k of nourishment, For
an uninterrupted period of Ave days
they wer.- confined in a tinv. filthy
Closet, thr.e days Of which time they
were allowed no food and water, so
thai wloi, let out they were near
death, Iforeovei Col. Daniel Mona.
hi commend of Port Ban Francisco,
overlooking the town, has threatened
to shoot the Cuadrs brothers, if the
government troops attack Granada.
it said that Mrs. Guadru. wife of tho
minister ol h w< s, is being hunted In
Ornnads In order I hat the may be
tortured. /
Release Many Prisoner*,
New Orleans, Sept. 10, Nlcaraguan
government troops yesterdsy oaptui
ed the c Hirtel .it Musaj ? and liberal?
. d |#| prisoner s. ac< ordlng to private
< iblegramS received here today. It i
bed lev ed here that Hen. Zeladon and
Ihe revolutionary forces have retired
to Grenada, ihe revolutionists' strong
hold on Lake Nicaragua, where ?
severe battle will be f.night within Ith
next few lavs.
Dorse LnglMi Gets P.ullet in Log,
Mrs. \V. It. Od um Struck in Arm
a ml House Literally Peppered with
Shot ? Quarrel 1 let ween Norman
Odom and Dorse Lngllsh.
BennettSVllle, Sept. 19.?There was
a wuf near Antioch Church in Brights
vll e, Monday night, in which Dorse
English received a pistol ball in his
leg. the front of Win. B. Odom's resi?
dence was literally filled with shot,
Mrs. (?dem was struck In the arm,
Norman Odom was struck by small
sh Jt and one or more negroes were
Reports which come from that sec?
tion of the county, which is ten miles
north of Bennettsville, say that on
Monday afternoon Dorse English,
Brooks English and Tilden Quick
went to a saw mill which is operated
at Harris Peele's gin by Zack Jus?
tice. They got Into a difficulty with
Justice, and some rough language
was used.
Monday night Norman Od?m vent
to the home of Dorse JSngllSh, called
English out and asked him about a
jdebt which odom clamed English
owed him. There was a dispute about
, it, some hot words and then an ex?
change of pistol shots. A ball from
Odom's pistol struck English in the
I left leg, inflicting a painful wound.
I Odm then went home to his father's,
1 Wm. B. Odom.
A little tater several unknown per?
sons started out on the war path with
' shotguns. They passed Justice's saw
mill and fired into the seed room,
where he and his hands slept. The
shot struck one or two of the negroes,
but did not seriously wound them.
They tired at Oscar Odom, who
happened to be passing along the
road, and was probably mistaken for
Norman Odom. Oscar took to his
hee,.. and escaped without injury.
The party next went to the homo
of W. B. Odom and commenced bom?
barding his house. Norman went out
into the yard and, from behind a
tree, commenced firing in the dlrec
ton of the flashes of tho gun. His
mother, fearing for Norman's safety,
Cracked open the door and called to
him to come in. As she did so a gun
fired and she was struck in the arm
by some Of the shot. Some of the
shot from the bombarding guns
struck Norman's clothes. hut did
him no harm.
After Norman went back Into the
house the tiring continued most of
the night. The residence Of Mr. Odom
Shows the extent of the bombarding.
'.<r ths whole front of the house is
literally filled with shot, which seems
to be about No. f>.
No positive evidence has been
brought out BS to who did the shoot?
ing. Rural Policemen Chavls and
Peavy and Deputy Sheriff Huhbard
went up Tuesday to investigate the
matter. Tiltlen Quick, David Huh?
bard, Brooks English and Oscar
Odom were arrested and carried be?
fore Magistrate J, McB Harley, who
released them on bond.
Norman Odom came down and
gave bond to Magistrats J. P. Gibson.
The whole matter will be Investigated
and a hearing had as soon as Dorse
English |8 able to appear in ODUrl as
a witness.
Governor of VUginia Pays Baldwin
|g?10Q for ( apture or Allen ami Ed
Richmond, Va., Sept. 20.?Gov.
Mann today gave Detective W. Q,
Baldwin U warrant on the State audi?
tor for $2*300, the amount of the re?
wards offered for the capture of Bldna
Alien and Weslej Edwards, wanted
In connection with the Carrol] county
court murders at Hillsvllle, Va, The
State now has paid a tot;il of $1-.
300 In rewards for the capture oi
various members of the Allen dan.
Detective Baldwin announced thn!
no part of the $_'.:;ih> would be given
b. Miss Maude Iroler, the sweetheart
? t Edwards who unwittingly led th ?
leteetlve lo the hilling place of the
ast two members of the clan In Dn
Molnea, la, He asserted that she had
ma betrayed the men, but said that
ier father, Krank Iroler, would be
offered Ifti.t the reward for Infor?
matlon which he gave the detectives.
The Board (,f Regl iratlon Commis?
sioners mot in Mayes> lie Friday t>>
certificates to any persons ??f that
St 1 tion who applied for them. Th>
Board Will have only one mote
meeting before the general election
and all who wish t>> vote in the n^n
oral election must have their reglstra
thm certificates at that time.
State Bank Examiner B. J, Rliame
Wins in (intest to Retain Office.
His Removal Having Been Orderet!
by 'Governor BIcaso Immediately
Following Big Bank Failure in
Lexington ? Opinion by Justice
Woods?Points of Decision Noted,
Columbia, Sept. 21.?The Supreme J
Court, in a decision rendered today,
declared that B. J. Rhame is the le?
gal State bank examiner and that the
Governor s attempt to remove him
wan without authority of law and of
no effect. "The Governor as Chief
Executive has no prerogative control
over offices, such as is held by the
King of Great Britain. The power of
removal from office, therefore, is not
an incident of the Executive office
and it exists only where it is confer
ed hy the Constitution or by the stat?
ute law, or is implied from conferring
the power of appointment," declares
the opinion <>f the Court, which was
written by Associate Justice C. A.
Woods and filed this morning.
It was following the publication of
the report of the condition of tho Lex?
ington Savings Bank that Governor
Blease issued a proclamation remov?
ing B. J. Rhame from the office of
State hank examiner and appointing
H. W. Eraser in his stead. Mr. Rhame
refused to recognize the right of the
Governor to remove him and declined
to surrender the office, whereupon
ouster proceedings were brought
against him by the Attorney General.
Mr. W. F. Stevenson appeared for
Rhame, while B. L. Abney and G. R.
Rcmbert represented Fr?ser and pre?
sented the Governor's position. The
case was first heard by the Supreme
Court and then the Circuit Judges
were called in and the case argued
before an en banc session of the
Court. This was in June, and the de?
cision of the Court sustaining the
right of Mr. Rhame to the office set- |
ties a long vexed and perplexing
question:- ?
The opinion delivered by Associate
Justice Woods is concurred in by
Chief Justice Eugene B. Gary. As?
sociate Justice D. E. HydrlCk and
Circuit Judges T. S. Sease, George E.
Prince, John S. Wilson, H. F. Bice,
Frank B. Gary, T. 1I. Spain. Chief
Justice Gary. concurring in the
opinion of Mr. Justice Woods for the
reason that the law does not provide
for the removal of the State bank ex?
aminer by the Governor as it does In
the case of magistrates."
Dissenting opinions were filed by
Associate Justice R, C. Watts and
Circuit .indue George w. (Jage, both
of whom held that the Governor had
the authority to remove the Slate
bank examiner.
The opinion of Jutlce Wood sets
forth that not only has the Governor
no authority to remove the bank ex?
aminer under the Constitution and
statute laws of the State, but under
the common law he Is without such
An Interesting excerpt of the opin?
ion |s as follows:
'The question then co *s to this:
When a statute creates an office to be
tilled by appointment of the Governor
and fixes the term for which the ap?
pointee shall hold, but confers on the
Governor no power of removal, do s
the Governor, nevertheless, have the
power of removal under the Constitu?
tion or the statute law of the State
or under the common law?
"Laying aside for the moment the
Constitution and the stutute law >f
the state, we consider the common
law rule as established by judicial
expression. Surely, men oi common
sense, learned and unlearned, would
be surprised to find the law to be
that when the legislative department
has created an office to be filled by
appointment of the Governor and ex?
tended and limited its ;?>rm to fo ir
years, yet the Governoi c nild at will
shorten the term * ? removal, al?
though no power oi removal has been
conferred. Stab Executive power is
denied by both reason and authority.
"The Governor as chief Executive
has no prerogative control over offices
such as is hold by the King of Great
Itrltnln. The power of removal from
office, therefore, is not an incident of
the Executive office, and it exists only
where it is conferred by the Constitu?
tion or by the statute law or i-* im?
plied from the conferring of the pow
? i of appointment.
"The statute law nf Ihe state by tin
strongest Implication denies the au
thorlty to remove here nsserted. Pub?
lic officers are created for the beneftl
of the Commonwealth, incumbent
have no contracts or property right;
in them, snd, unless otherwise it b<
STAND,100 S-.'-^rS
Department of Justice Studying
Methods of Disintegrated Parts,
and Investigating all Charges ?
Taft und Wickcrsluuii Believe De?
cree Im Working. but will Take
Several Years to Show Real Bene?
fits of Dissolution.
Washington, Sept. 22.?The depart?
ment of justice is closely watching
the workings and methods of the
disintegrated parts of the Standard
Oil Company, and rigidly investigat?
ing all charges that the decree of dls
solution entered under the mandate
of the Supremo Court of the United
States is being violated.
While no general attack on the
Standard Oil and its former subsid?
iaries is contemplated at the present
time, the Government has received
specilic complaints relating to con?
ditions In certain communities. The
investigation of these allegations is
necessarily localized, confined to the
situation in the specific districts. The
result of one of these inquiries for in?
stance, was the indictment of John
D. Archbold and other Standard Oil
magnates at Dallas, Texas, on Aug?
ust 29. In that case the charge was
that the Standard was endeavoring to
control the oil business in Texas.
Since then another inquiry has been
started in a different part of the
country, but still of a similar local
In addition to these Investigations,
the Government is keeping in close
touch with all developments in the
pending Standard Oil, Waters-Pierce
litigation. While the Federal Govern?
ment is not a party to the suit, a copy
of all the testimony is received by
the department of justice for a care?
ful study to determine whether there
Is any indication that the decree of
dissolution is nut being faithfully ft?l
Attorney General Wickersham it
giving these important questions his
personal consideration. He is direct?
ing the investigations and reviewing
the testimony in the Waters-Pierce
Member of Bar and Former Candi?
date for Attorney General ordere?!
to Show Cause.
Columbia, Sept. 21.?An order,
signed by .Judge Gage, has been filed
with Sheriff Coleman and served by
him directing Barnard B. Evans, a
candidate for attorney general in the
recent st.it?> primary, to show cause
before the court to be held in Uieh
land county, October or as soon af?
ter as counsel can be heard, why he
should not be directed to pay to the
.Murray Drug company of this city
$1"3 Which he IS alleged to have col?
lected for this concern.
It is alleged that '"vans collected
the bill from T. E. Dowling of Ba?
llt da, failed to pay the sum or am
part of it to the Murray Drug com?
provided by the Constitution, they are
subject entirely t,? legislative contro*.
Hence, subject to the Constitution, th .?
General Assembly may fix the term,
provide for removal, abolish the of?
fice, reduce the term, and in every
respect control the existence, powers,
emoluments, and tenure of public of
tic? rs. In the exercise of this pow r
j the General Assembly has with assid?
uous care, provided that the remov
1 al of every minor and local officers
should take place only after indict?
ment ami conviction of misconduct, ^s
instance the provisions for the remov?
al of all local officers by Paragraph
388 and Paragraph 889 of the Crimin?
al Code only on trial and conviction;
or has provided that they should be
merely suspended by the Governor,
and be removed only on consent of
the Senate, as instance the provision
made 1 , il: suspension and remov?
al of county auditors and treasurers.
?'i\ii Code, 1902, Paragraph 240 and
Paragraph or has enacted that
they should be removed by Judicial
tlecrei in 8 <i\ii action :'s provided
In the artcle of the < ode of proce?
dure umbr \shi<h this action U'US
"When n different policy was in?
tended the tenure has been - Vplevsly
-t.lt. d to the subject to femo\al; ;is
In the case of the dispensary dire, tors
and the election commissioners, whose
tenure was made subject lo removal
by the Governor, Criminal Code, 1902
Paragraph 5B6; ?'h? Code, Para?
graph 206. There Is no escape from
the conclusion thai the Governoi
h.is no power to remove the state
bank eka miner,
Greenwood Magistrate, Itomoxcd by
Governor Blceme, Wins Before Su?
preme Court. Being Declared the
liawful Magistrate ? How the
Judges Voted in Matter?J. X. Can
Held was Bleaso's Appointee.
Columbia, Sept. 21.?"Our conclu?
sion is that tiie attempted removal of
Kerr from the office of magistrate
was without effect and that he is
now, and has been since his confirma?
tion by the State, a lawful magistrate
of Greenwood County, and that he,
and not McDowell, is entitled to the
salai y."
This decision has been given by the
Supreme Court in the case of B. L.
McDowell, against T. C. Burnett,
county supervisor, and F. Gnham
Payne, county treasurer of Greenwood
County, and W. H. Kerr, who was
confirmed as magistrate by the Sen?
ate. The important question present?
ed in this case was whether the Gov
I ernor of the State has ihe power, at
J his discretion, to remove from office a
j magistrate whose appointment has
bten confirmed by the Senate. In de
I ciding in the negative the Court says
J that the duty of the Court to pa^s on
I the limitations of the power of the
I General Assembly or the chief ercecu
I ttve of the State is one of great deli
1 cacy, to be entered upon with the
greatest deliberation and with care
I to find in the law support for the
J legislative action or tho action of the
I Chief Executive, if it be possible.
Tin' case arises under a petition
tiled by B. D. McDowell asking the
I Court to issue a writ of mandamus,
j requiring the supervisor of Green?
wood County to issue and the coun
I ty treasurer to pay, a check for his
I salary as magistrate. An order wa3
J made requiring the defendant to
j ohow why the writ should not be is
J sued. Afterwards W. H. Kerr was
j made a party to the action. The case
I was heard before an en banc session
I of the .Jupremc Court.
] The opinion in the case was wrlt
1 ten l?> Associate Justice Woods. The
majority opinion was concurred in by
Associate Justice Hydrick, Associate
Justice Praser, and Circuit Judges
Prince, Gage, Wilson. DeVore, and
A dissenting opinion was filed by
Associate Justice Watts and concurr?
ed in by Chief Justice Gary. There
was also a separate dissenting opin?
lion by Chief Justice Gary. Krank B,
I Gary, Circuit Judge, also wrote a dis?
senting opinion.
W. G. Austin, whose term of office
las magistrate began in 1909, in Green
I wood county died during the session
I of the General Assembly of 1910. W.
I II. Kerr was appointed and his ap
I polntment was confirmed by the. Sen
I ate at the sati.e session. 'Hi March 21,
I 1911 the Governor wrote Kerr a no
I tico of removal. J. W. Canfleld had
j previously been appointed to Kerr's
j place by the Governor, in May of
j 1911 ?Canfleld sent his letter of resig
I nation and I'- L. McDowell was ap
1 pointed. The county officers r fused
j to pay McDowell's salary and ; n :ip
I peal was taken to the Supreme Court
I with the result that w. 11. Kerr was
I declared to be the legal official.
Pages of Magazine Substituted for
sr.?.ooo Stamped "Y. M. c. V
Penaacola, PI .. Bent. 11.?The fact
that some of the ntagastne pages sub?
stituted for the $56,0tf Stolen in tran?
sit between this city and v\- ma ton
last \\ i dte Bday were stamped Y. M.
C. a " was the only additional infor?
mation vouchsafed in connection with
the rol bery tod ly. Whether the mag?
azine ?as taken from the local Y. m.
c. a. or in some other city use not
ballad. With the arrival of more
detectives and special agents today,
the investlgath n shifted iron, Pen?
aacota to the b'urroudlng com try in
the hopt) of obtaining some ?lue to
the thief and ti < mlssin*, money,
vn official of th< Southern Express
Company e\pr? . . ? t] t' ^ belief tonight
that an nrr< . w . h< i tade within the
next twelve hours.
The County Auditor has almost
c mpleted making out tax list for the
year and is now putting on Ute finish?
ing touches. Everything will be in
readiness bj October 15th when the
l ooks are turned over to the Vunty
Treasurer and he ?m>? as his office for
the receipt of taxes.
The cottoi rompress has been put
in repair and Is non about read) to
open for business

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