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VOL.XXII. PICK ENS, S. C., THURSDAY, NOVEMBER 16, 1893. NO. 9. THE DISPENS.WY LAW. JUDGE WALLACE DECLARES I r TO BE CONSTITU TIONAL. The Atderson 1.'qnor C.so iMatte the Oc asslan of a 8 riing .Jtiicisti 1)alver. ance-Techutal Objections to 1ho Phra soloty of th# ACt D4-14 1e fd. ANDEHSON, Nov. 8 -In the ease o the State vs John 0. O'Dannell, indict ed for selling whiskey without a li cense and keeping a place where whis key is kept for sale, etc., which wa called In the Court of Sessions Wednos day, Judge Wallace rendered orally the following decision, on motion of thc defendan L'S Couns)5el to (1 uns-h the in. dictment: The question as to the constitution. ality of the Dispensary Act has beer much discussed in the State, and ha, developed considerable diversity of opinion in regard to it. Some able and learned lawyers hold one opinion and others equally as learned hold a differ ent opinion. I have my own opinion which -1 will proceed to announce with out hesitation or delay. Tohe motiou was to quash the indictment, becaus first the Act provided no ptnishneni for selling liquor without a license. I may say in passing that the words "without a license" contained in thl first count are mere surplus ige, anl 'that the offence charged is that of sell ing liquor. At common law crimes are divided Into two classes,naiely, mala in se and prohibita. To illustrate: We have i statute declaring murder to be a crimE or rape or arson or burglary. ThesE crimes are described and punishment is provideri for them. They belong to the class described as mala in so. When the commission of an act is prohibited by statute it belongs to the class of mala prohibita. The commission of an act prohibited by statute is an of. fence, because it is a violation of law The offence charged is prohibited by the Dispensary Act and thus to sell li. quor becomes a violation of the law and is therefore an offence. No offence created by statute is a fel. ony unless it is so declared. Therefore the selling of liquor in violation ot Section 6 of the ispensary Act is a misdemeanor and is punishale, if not by any penalty provided in said Act then under the provisions of the stat ute, Section 2,653, ltevised Stat it,es: "Section 2,653. In cases of legal con viction where no punishment is provi ded by sttute the Court shall awart such sentence as is coniormable to th( common usage and practice in thu State accordirig to the nature of the of fence and not repugnant to the Con stitution." I lam, therefore of the opini on, an( so hold, that, the offence as charged I. ptinishable under the section I hav( just qtuoted. The next ground was that Section 21 of the Dispensary Act,under which tht indictment is frame:, relates only tc the sale or distribution of liciuors kept by clubs or associations t.r the tiso ol the members. The section referred tc reads as follows: "Sect fon 21. Every -:erson who shall directly or indirectly keep or mainttain by hiiself, or by as sociatinr or coinini g with others, or who shall in any manier aid, assist or abet, in kee ping or maintaining any club room or other pl!e in which any intoxicating liquors are recei7ed or kept for the purpose of barter or sale as a beverage or distribution or divis ion among the members ot any cilb oi association, by any imeans whatever and every pcrs:>n who shall harter, sell or assist- or abet another in harturing or selling any intoxicating liquors w' rgceivtd or kup., shill be deemed guilt) or a isdemeanor ad upon conuviction thereof be punished by a line of nol less than one hundAred dollars nor more than live hundred dollars, mid by im prisonment 'in the county jail not iest than ninety (lays, nor more than one year." It is clear that this section dloe: not confine Its p)rovisions to clubs ant associations, but inl n los t h" rocivyin r and selling of liquor in anyu ohe place." -ol~ 'lThe third anti last groo'ol. 'tat the mvain groutnd is that 1he I )i-ieasa.3 Act Is untconst 1aitionual, and the argai ment undler this branchi Is cmncernied 'chiefly w4thI thet tpurposie of thle Acl arid the qutestion as to the police plowel of the State. 'Thlere seems to bue some contusion re g ardirg the distinction between the( FeberalI Constitution and the S'ate Constitution. T'hey are e'ssenitiatlly dif ferent in their na Itire. Tlhe Constiht. tioni of the U nited Staittes co)nfersk upon Congress cer taini weli deilinied powers, and( such other pow mers onily ast are nrc essarily lilied from such grant, andi when an issue arises as to) the uzncon. stitutionality of ati Act of Congriss the question is, "has thet power t.o legis late on the subject matt"r ofi I le Aet been granted to Congress byv the FeI't eral Constitution ?" On the oth~er hanti the Constitution of South Cirolina be stows general legislative p~ >wer 1u1101 the General Assembiily with verv feum limitations; and ther ef 're, uplon ~an is SAne regardling the conistit.uiuahli y ol an Act of the General Assembly oft the State t.he (question is "htas the pow. er to legislat e up:m t he sbitject mattem of t,his Act beent withhld by the Stt Constitution." On this point I have here an excel - lent authority which I shall read: "h people ot a State in creating by their organic law a legislative depart.ment of government, confer uplon it t.he whole of their inherently sovereign and uncont ril d piower of legislatioui .except in so far as they have dlelegatedi this power in respect to certain sub jects and under certain rest rict Ions tc the Congress of the United States, and( -except also) in so far as' they cont empo raneously impose checks and( limits u p on the legisiative authority. Ilienei V the Lcgislature of a State may enact any law, (not infringing upon th~e (other departments) of any character or on any subjec~t unless It is p)rohibited1 either in express terms or by necessary Implication kl the Constitution of the United States or of that State. In other words the constitutions are t.o te .considered as limitation upon the leg. islative power of the State, not as grants of power (3d A m and En n. cyclopedia of Law, 689.) Jn note 2 to the above quotation oc curs the following: "The distinction between the United StatesConstitutIon and the State Constitution Is that the foi'mer confers upon Congress certain specified powers only, while the latter nonfers upon the. Legislature all legis latlys nn..,.. ., th on cas the THE HAMPTON LErIER. WHAT THE GREENVILLE NEW3 HAS TO SAY ABOUT Ir. rhere tt N.) Use and Great t)4nger in the Movement-Th) Whito I,vople of the State Ciunt A Hort to I) vile. GRIEKNVILIE, S. C., Nov. 8.-L is better to make open and full confes sion. A man's sins will find him out and when he is caught he had best own up. We find the Columbia R-gis ter and the State from opposing stand points calling on the G'reenville News to spak out on the matter of the or ganization of national Democratic clubs in this State as suggested by General Ilampton in a letter to the State republished in this iewspaper last, week. Four out of ive important Democratic daily nmvipapers of South Carolina have spoken in favor of the scheme and "where is the Greenville News?" says the State. "Why this strange silence of the Greenville News?" d-4mands the Register. Well, the truth of it is the editor of the Greenville News ran away last week. When his esteemed coitempo raries were calling upon him for deltv erances regarding the organization of national Dinocratic clubs lie was sit ting OI a log inl the woods on lte side of a mountain in Western North Caro lina. It was glorious, too. A sky of wonderfully deep blue tiecked with still strips of transparent white cloud; the dreamy haze of the Indian Summer air so crisp, so deliciously and delicate ly perfurm(d with the aromatic sug gestions of pire trees and hickory leaves that every breath of it wis long drawn luxury. There were few sounds to disturb the silence. The stream down in the darkened ravine babbled and splashed idly and faintly and mo mentary glints of the clear water flash ed now and then as the thickly cluster ed, deep green laurel swayed noiseless. ly. The dry leaves rustled slowly as they drifted down through the trees as if lingering to say good-bye to the companions that had swang and rus tied with them while all of them were green and beautiful through the sun shine and breez-.s of the dead, bright summer. Now and then the air was filled with the dqstant. drumaming of a pheasait or a rquirrel could be heard scampering 1hrough the leaves. There was a riot of color every wher-crim sons, scarlets, browns, yellows, greens, in bewilderinm, gorgeous varieties and blendings. With a dinner of mountain made hominy and tried chicken, precet-ded by a taste of something which had never y'elded any of its sturdy si retgth to the iercenary hands of a tdispensa. ry agent, and succeel by a I rain p over a ridge or two and a br!ar wood pipe filled with tobacco like flakes of gold, the blue simoak of which drited ant curled slowly away to mingle with the haze, a man c-uld sit in a place like that. and be profoundly, magniflcentlv indifferent to politics, commerce and finance and all f-ares and concerns,p),ist, present and ftiture, piblic andl private, content simply to be living and im pressed with the general sensat ion t hat this is a pretty faij kind of a world after all. lie could idle t here with idle. ness made delicious by the ftact t hat he had been w orking from fiiurt,een to eighteen hours a day withou, a break a uimier of months, and olow a indti(l wilich is lisially stirugging to consider and remember a large numbi- of things at once to be so inaLniificertly vacant 's t6 deC-lile to remerinii' whether the right or Ieft hand b tr-rel was lotled with lckshof , and to ac cept with ch-erful lick o p-pimse thile possibility of blowing an unhlappy s<puiirrel in to rags or imnpotentiily pitp. pecring t lie imper vious tteathiers ofi a turkey with No. ft. AcId toi all thfis the dl iighIit.fu l sense of w rol gi loing, not, so aeiite as to be iincoimtfort able, lbut just 5t ronig einoiighi to give Z'st to the (11e i sion1-the spilend i t coniioui isn is- ot having run a way withlot askinig lieave or lhene of an.s bodly, all er writing ad vance edlitorials t o fb cut oif anid dum11 ped in to holes in the columnins like patcking andi liable '.o be inapp.ropri.it e t.o eveiit-, aind esteteid contenmpora ri is canl unlerstand how iiisch they have to lie eniiVouis of and how glaid the editor of the Greenville News is that he ran away, eVen if lhe didl ret urn to id this niewspier being claimor ously called on t or an opinion andl tin (ier isspicioni of dodging. TI wo or three days of abtsolut.e serenity andi ini dtiffereiict arid peace are worth taking sonme chances arnd siuffering somet seri ous penalties for. Ilhis niewspaper wold (10 nearly any thing for Geiieral 11am pton and would work Its heart out to serve him be cause he is well worthy of allt the honor and love this State carn gi ve him . If. has a very strong brot.herly affectfon for its conitempo)iraries wit.h whom it, has fughtI slihiuler to uoutl ler in a weary di cou raging uip hill ii ght for whfat it an d they beliievc to be righlt. We~ be - lieve thle iiiut ives ofi General IIlam ptoni and our conitemlporaris art' right, biut Uflmi r j ulgmemit, ini lthis ina'tte r in Oiur view alt ogith Cr w ronig. Inm t.he propio sitiin for t he organiiz ition of a ''na tioni il Demoicrati&" plart y ini this St,ate iutside I he pre-senit I )emocrat ic organi iz:n ton we see inmuch evil an d no good. It n.'anis, so f ar as we canI i under itaind, ai sp)1t am11orig the wie peofwptle, w hichi is thie c fdmmuif y most oft all ca htii'-s to be (dreaded anhd re-sisted. unp pose 3~>,000U men shonit be organ - izeid as national l)emiiocral s. Thlere w)uhd vet lbe laj imjnrty of'I 10,000 aigainlst Liiem. I f a miaj iiity of the whit.e ieo fplle caii be org.ani/.'ii ats niatliinal Dem-i i(-raltsIl theriS i io nie(d for the orgii - .itin ble u.e th 'y (all win in the regulfar pirnnairit'S. We can not make a minority wini withioit cil,ing ini the hlpf of thei bilack vote'. Thle G reen ville ernor for ten or li fmi-en years )y w'hiite votes than t o) have a gove-rnmwent com posed eniti rely of men ofi its own sel'c - Lion chosen by thii hielpl of cio irt'tt vot sr-a. So long as whijti miinr rule', how Ber serious or exh)iensivet' bii ir irrorrs may be, there Is al ways hoy. of im provement, always a I in' to look to when common 'Iens a.ili i-mcic'e: will bring a change fir tihe let I. r. E-x perience has tituuhit usi that when the solored vote rule.s or is l1;tlien.tial that natters steadily become worse for the wvhites. Which ever race has control willt use its power for its own interests mrd the Interests of the two races here re sharply opposed in very many re ipects. We have the kindest feelings or the colored peopl bu we do no powers specially granted can only be exercised, in the other all legislative pow4ers not prescribed." Citing People vs Flagg, 46 N. Y., 401; Page vs Allen, 58 Pa. St., 33 Applying the doctrine jitst qiotell, which must he recogiz,d as sound doctrine, the unco:stitutionality of' the Dispcnsary Act must be made to ap pear from some limitation contained In our State Constitution itself upon the power uf the General Assenb!y to enact such a law. No such limitation has beqTi pointpd out, to me nor am I aware of any such limitation, either extpress or implied. ven if the power of the General As sembly to enact the dispensary law coult be derived only from its police power there can be no question that under I hat power it would have ample authority to restrict the sale or traille in liquor. The S:ate has frequently dor,e o in the past, by statutes intend ed to roriilat3 and restrict the tarif in liquor without question as to its right and authority so to do. This Act declares in its title that such is it s purpose "An Act to prohibit the manufacture and sale," etc. "ex,,ept us herein provided," and its provisions undertake to accomplish that very thing by numerous limi-ations such as restricting the placbs at whicn liquor is to b3 sold, the hatir at which iL is to be osld, the persons to whom it shall be unlawful to sell litior, the character of ,ite person by witoin it is to be sold, the not selling on credit the prohlubition as to drinking on the pro mises, the limiting the amount to be sold to piurch isers, the written applica tion signed 1,)y each purchaser and other restrictions that need not be mentioned here. It appears upon the face of the Dis pensary Act as it stands upon the stat ute book that the purpere and primary object of those who patsed it was to diminish the sale and consumption of liquor atid to decrease the evils which are believed to resilt from the liquor traflic for the public good, and I feel bound to say from my own obst-rvation that the Act seems to be accomplishing that beuelicent olject. On this ground as it appears to me, it, is withoit doubt a proper exercise of the police power o! the State. It has been learnedly are gued to-day that the purpose of the Act was to raise revenue. But. it Is to hie collected from the Act itself that theraising of revenue is only incidental to the main purpose of the Act, which, as L have already iel(d, is to re strict aud regulate the sale of au traili in liquor, and -as I understand the Chester cases exrel lloover and ex rel Groeschels, our Sipreme Court has al ready decided that the Act in question is an Act to regul.te the salt- ot liq )or. In these C'ester cases our S;uprmie Curt i-is s:iid: "iHavinl-r reached t his ci: -iusion, that t he said Aet, (the D is pensary Act,) being in effect an At ts regulate the.iii of spirituo.i liq ior'' theu power te.) to which is universall recognizi-d. it is quite clear," etc. 17 S. E. Rt-p, 756. Most, of the argiment against t he constitutilonality of the de.spentary Act maoe before me, and I may say, elsewhere, seems to be directed moe to t he wilon of the Act thanl to the power of the General Assembly to pass t,he Act. The (tust ion is one of' po wer andn ot of I)ohey. As t,) tlho w iomi or t.he un wisdom of A ets of the (W,neral Assemn bly the Courts liave nothing to d. 'iat is a question for the people. It is proverbial that ours is a Government of the people, by the people ait for the piople, and it is for the people by the ballot-box to correct nistakes in legisla tion w% hen they ate satisiied that such mistakes have been nii- by thoir rep ri setii atives, aid!not for the Coirts. It has been al. Allied 1 that I t (L-neral As bvinWy las no constit uitotioal right to appro pri tEe mone1 iy to en g,ge ini busi ness. For .il piilic puirpos:es the Paw ier of t.be Genierail Assembly is absolute in tlhe absnc af1i0 conistituiItionalll pro vi stonsFi. T1hie same aut hiority hoh1ls "t.he po)wers of t,he legislat ute in dlisposinog of4) .he reveues of'S( t,he S.- me aind itS is cr-etion relattiing to such:l ipos:)itioni are coiluiplet anid unl i mited ini thle ab senlce of1 conusti' tuttonail provisi.ms.'' ( Am anid E 'g lineyc of I aw, tit) I lie 81 ate is (da1ily enigaged- in the sale of pho4sphaite rock{ to :.d ividi ls foIr revenu te. I f t he State c;mi o wn phios plhat.e territory and sell the ro-k it, can pur'chase if necessary other phosphate errit ory for the putrpose of t.rallic in phosphate. It. is without question that t,be State owns both real and Personal p)roperty, antd cani dispose of it at will. lhese instances I giv~e to) Illustrate the dloct rinle. I Ioldinig the viewas I hiave herein an nouincetd, I cannllot <luashi~! the huhlict w.ent. 'Pje motion to t] ttash is thlie tore overrule<d. A trociotn A HIax4i,net4oun. L A t' i.:CNS, S. C., N ov. 4.-A dtread iful trag,iyv occurred necar Goldville,ini this comt y ~, last ight. . J. I ).rroh fIair 5.o'rni was ass 19sinat,'d whlle ait supper with bi1 famitly. 501me unknLlown patrty tim"d a loadu of' slags inito huisstomach through an open door)1. ! ' (litd in li f Iteln miinu111tes. llairstoil's dIwellin rg was bllrmed last suunnmir bty inmceni a1nts, and1( ltwo negroes, Wadetl Caninon and G;eorge lh>wers, were con victedI of lie cr1inmetumd execuItedl in Stptemuiber. hlairstoni wais the prosecutor. It, 1s conject ured that revenge miay have~' beeni the motive for his aissassintiioni. A negro tenant on Ilairstomi's pIlace, named fGeeder, has been arrested on stuspicion, buit it Is said t hat there is riot yet a strong cise tagainist himt. ilairston was ai good citizeni andii was well coninected. It is thoughmt here that a lynching is not uiltkely if the iimur derer is discovered anid cauptumred. Onily meagre details, however, have beeni re ceivedi here.-st,ate. A Crank Oaught. K ANsas CiTY, NoVember 5 -Emer E. llaumb, a yourg f irmer fronm F nney, llenry counmty, M o., was arrested on his arrival in this city today, a dispatch hiving been received to the effect that he was crazy and had announced his inteintioni of going to Washington to see P'resident Cleveland. itaul) was unot violent and made no threats, but he said lie .had as good a rIght to be IPresidenit tas Clevehanid had and he atetd to talk with P'residlent Cleve Itand about the matter. If he coutld ntit be0 Priesidenit of tihe United States, he sald, he ouighb, at least, t,o be prehi dent, of Ilenry county. A police olcer remarkul to Itauib: "Th'lere have been a good nmany nmin like you running around of late," and the wouald-be president replied: "Yes, and one of them shot Mayor Ilarrison in Chicago theAother day." want to see them exchange places wit] the whites. There is a race question and a race is sue here. Cover and twist it as wi may, It is at the bottom of all our poll tics. White men ought to stick to an( stand by their race through thick and thin. The Democratic organizat.ioi here is the white man's organi;ation We intend to stay and labor in it unti the bulk of the white people desert il Then we will be free. If the evi time comi-e-which may Heaven for bid-when the Democratic party ii South Carolina is dead and we have ti choose between Populists and lepubli cans we will go with the Republican as a choice between evils and will do I straight and without disguises nr mor tifications. because the negro will thei have the balance of power and it wil he simply a light for his vote. If wi have to scuffe for negro votes wi would rather do it for the Republicai party than for the Populist party. Let all of us South Carolina whit< people stay snd stand together. Let u do our fighting among ourselves an4 accept the results and swallow oul medicine like men without calling ii any other race or anybody from out side to interfere. Ve are of the sam, kind and stock. Our fathers and broth ers have mingled their blood for th, State, have loved, hoped, suffered an( died together-Tilimanites and antiq Alliance men, Ocalaites and Clevelan< Detmolrats. We have faclions enougi arid bitterness enough now. Let us re frain from doing anything to make bad matter worse, to make our misfor tunes and troubles fatal to us. Let u: maintain our race power in the genera elections, humbly trusting that the Al mighty in His good time will set us al right, show us all where our mistake have been and restore peace and unit, among us. So long as we are togethe there Is hope for that. When we dividi that hope will be gone. The thing for us to do is to cultivati charity and toleration among ourselve and to discourage any new splits or fac tions or causes of quarrel. For th, men who have for their own selfish pur poses st.irred strife and for the man and various squirts and chumps wh; have porverte(l good principles and pur poses to lift themselves to power an Dlace we have no respect. The masse of the people, however, are good ani oouid and honest. If they are wronj they are not the first people who hav buttedl themselves into headache against the hard wall of their own miE takes. The Greenville News will neve1 help in or submit to any attempt to us the colored vote against any white pec ple until they try to use it against uF If there is to be a split let it come fror the other side. Let the 'opulists be gin it, and then on their heads will b the responsibility and the const quences. Meanwhile we will make ot1 fights andsay our say inside the Dem crate I,Irty as now organized and wi accept tne action of its majority, not controlling our opinions but as goveri ing our aition and position in the r4 gular elections. An organiz.ition oul sida the present organizilon will fin, no recognition anywhere and shoul, lind none. General Hampton is an honest, pur and patriotic gentleman. So is Judg< liaskell. In this matter we cannot fol IO N Geniera IIampt,n any more thai we coul'i Iollow .iudde laskell iin I 890 -G.veeivill News. For tho Umiu:?l CrIime. CLAuL-AToN, S. C., Nov. 8.-J Spartanburg special says speedy an< t.:rrilo puiiiniehnt wis nieted out to i nerro named B Ab Kennedy, about 2( obl, at Gainev last m,ght. Abut dusl a married while woman and her littli irl Wece hiirryniw home from the busi [less portion ot the town. when in a nar row !aue near their house a niegro sud - den3ily g!rabb)led the wvoman, t,hrew hei down anl I began to choke her, iIei .creams arousedl a litt.le boy not, far oill liI ran out, and saw the negro, who rat a way X as soon as lhe saw the white boy ll rcan il wit.hou t cormplletiniz the as sauilt. Thle white boy' llowedl him an< mw hi enter a house rnot for away l11 then called to some nieighiborsi, whn went to thei hiouse andt sawi Kenned, sat,t by the lire with lis shioes ofl ant I'ut Iu ofll cihei way. O.)ae negro in thi house15 said Kenntedy'~ had been there lo: three hiours, anouthier Iattited that, lie hat just, comle I. iIe was ordered to ge I.is shoes, which showed thiat t,bey ha' just been in the imu I. iIe was carrie< 0n, and1( his tracks corresp)onded( eneitlj with the ones8 where the wo nian was as SalItet.. Tho w hite boy icen t/.lied hiin as the man lie saw run away and ente the house, lie was kept, und(er arres us til ab)out midnight, when he was car ried out to the slaughter penf and hanged T'he p)eop)le were d,he more incensedI be cause a week or two ago as three lit.l1 crris were going to the Cooper ime stone Institute, from 'ianffney, a negr< liil0n'wni to themi camne out iromn t,hi woods, seizedl one arnd began t,o drati her ba~ck inito the wvoods. The ether tw( r*an and1( screalmed( and thme dummy came along j ust then and1 the neCLro) became alarim.d and released t,he girl, who es capeod irighteuied neelirl y t) death. They beh ive theit Kenniiedy unarlo t,be assault,. Oil the htt.ie chil, lie counfessed to the assauilt, on the whit,e wvomn. A Qutruni jte L.ynching.1 N ash vlLLO, Tenni., N ov. 4.--A spe fli1 io fro FayettevIle, Ten n., says: ICirly t his morning, on the larm of J ark D)amiels, near Lynchbuirg, Ned Waggone*r, his son WVill and daughter Mary, arid his soni-in-aw Motlow were lounid hanging to one tree. All the parties are colored. TLhie only cause to (xplain their fate is thait they were supposed to have it en implicated1 in the numnerous barn burnings Which have taken pilace In Monroe and iAn coIn counties recentilv. T1here is no clue as to the perpetrators of the deed. Ned WVaggomer was a rather large ne gro, andl it is su11)pose0d t he first attempt of the lynchers was unsuccessful In his caseV,,as a broken rope with a hang mran 'a knot on it was found under the tree near him andl another one had been procumred from the well bucket of a niear neighbor, by which rope he was f ound hanging. The bodies were dis covered by the dIriver of the Lynch burig anid Fayetteville stage soon af ter dlaybireak this morning. The ne grees dlid riot bear very good reputa t ions ini the community, and although there has been little talk In regard to the matter, they were supposed to be connected with t,he band of incendiar ies who have recently been so plent,i ful In this section. OUR CONGRESSMEN. HOW THEY STAND AS REGARDS BUT LER AND TILLMAN. Sone Interesting Gos8ib About Sonth Oaroltna tpresentativen in Congrexa Senators Butler aud Irby Not I iF.yor With President cieveland. WAsHINCITON, Nov. 8.--The fi r s t . chapter in the history of the political 3 events in South Carolina,so far as they are affected by what has been done or is doing in Washington, ends with the close of the extra session, and we can form somelopinion now as to the dri f L of events. It has been known for some time that one of the most important factors in the next political contest in that State would be the contest be tween Governor Tillnian and Senator Butler for the United States Senate, and much of that has been going on here has had more or less bearing upon that contest. Senator Butler at the beginning of this Administration from his lopg ser vice here and personal popularity had a very potential influence in securing offices for his friends, and these ap pointments were made apparently without regard to any influence upon South Carolinit's politics. Senator Irby does not seem ta have succeeded in making any favorable impression, and his late course in practically allaying himself with the most bitter opponents of the Administration has, of course, destroyed any possibility of his doing anything in the direction of getting offices for his friends or partisans. Since Senator Butler has cast in his r fortunes with the enemies of the Ad ministration on the silver question he has naturally weakened the claim whicb o'herwise lie would have had upon it, and it is doubtful now wheth er he will secure the appointments to office of those whose principal claim lies in the :fact that they are partisans of his and that their appointment would promote his re-election, and as that seemed to be the principal grouuil upon which It was expected he wotild secure the appointment of Mr. Perry as collector of internal revenue the chances of Mr. Perry's appointment, seem to have very much diminished. I think that in all appointments of this nature it will Ise the policy of the Administration to put in oflice men whose fidelity to )emocratic principl as interpreted by the Democratic Ad ministration leaves no room for quies tion. In all such appointments it seeims elikely that,the opinion of Congressman Brawley will be most potential, as hih r views on public questions are in thor ough accord with those of t he Admirn istration. and it cannot be charged against him, as it has been gainst many who now stand by l'resident Cleveland, that his views have been adopted for the purpose of seciriig public patronage, as he stan(Is today . precisely upon the ground that lie oc cupied long before the nomination or election of President Cleveland. So far as the chief ptiblic oflices are con cerned, therefore it appears to be cer tain that the Administration will pIt on guard none but I)emocrats of mi questionable integrity, politically 1.l otherwise. The attitude of the dil'erent minm-i bers of Vongress froim South Carolina toward's the Administration is somie- t I what complicated. It will be reine- t t bered that early in the spring there were several interviews bet ween iine- i bers of t lae del-gat ion and the I lt.-t tmaster General on the subject, of t he - postoflice appointment s. Al o hei . members of Congress I roum Soul h Caro- I i ina particip)atedI In these int ervie'ws, I . except, Mr. lBrawley and Mr-. M1el,muii .rin, who were not present I hert-at. The most determined fight seemcedi to lie against Mr. Latimner, whli, as the au-i - thor of the May resoluitions, seeimed t Ii be a good target. Of all thcat has been - said and doine with respect to t,te post I oflices in his dlistrict it would probabuly be impossible t.o tell the story. It was found thiata number of the mien whom ie he had recommended to oflice were charged with being I 'opuil ists, butii it seems that the q nest ion as to his i igt I to conitro l these appointrcme.n s was Inever Ii nally sett.led againlst. him un ii Ii within the last few wee-ks, w hen the( I pubillication or his let ter in the Colicn c Ia llegister seems to leave given him ii a coup de grace. Mr. Strait sec-is to lbe ptract icallIy iin -the samie boat, as M r. Intimcer amtcc hi himself seem ta) hi;e takein ic(casiion rmore than once whtile ini Soiuth Croii-r Snat to proclaimr their Ii is thty to thle' - A dminitstration. . Mr. Shell seems to leave neo diliilty . practically in se-unrig t.he atp p>ine - mnents of such postmasters in hits dlis trict as lie has recomimended.' I-le hcas adopted the policy generally ot re-com mending parties who are acceptabile~ to the comnmunitl s to tbe served, and in all such cases his recomm tendationas have gone through without (que-st ion, and the same is true to a large e-xt e,it with respect to Mr. Tal bert ; andI lately it appears that Mr. McLaucrin is ine ih tee same boat with the two last iaedei It Congressmen. Senator lButler has c-ic dorsedl all the recomtlendtiIons o1 Messrs. Shell, TIalbert and( McLaueirin. The appointment of Mr. Waddcill as postmaster of D)arlingtoni bias cauuse< a great deal of comment here as it ' seems to indicate seine sort of an ai ii ance bet,ween henator lectIl-r and .\l r.b McLauirln but it may be that it, has ntot hi the significance which has be-en givYen m to it. It is said that Waddihl is no1w a y Butler man though originally a Till i manite. As it appears to all outside-r, y~ however, it wouldl seem t,hat ini so f ar as the postofilce appo intmencts are con.i cerned there are seome grounds f or the belief that there is some unmderstanding ' of a friendly nature between Mienatort B3utler and Messrs. Shell, Tiaibert and U McL4aurln. Time will showv wheat this lcc amounts to. It is no longer a secret to st any one that Congressmani .Stell is an ki active friend of Senator liutler's and will in all probability, be on his .side in the pending contest. Mr. McLaurin has therefore been w oonsidered a strong friend of Governor o Tillman, and it Is generally thought* that Congressman Talbert has no par-v ticular love for the present Governor. Whether the friendly relations here of h these three Congressmen with the sen ior Senator will result in a similar alIh ance in State politics remains to be at seen, biut there Is no dioubt whatever gi that Messrs. Irby, Latimner and St rait g4 are adherents of Governer Tillman. Doresman nJ.1rawley so far a8 ap- n ion. Taking the ground, early inl the Administration, that none but D,tm crats of unquestioned 1i0elity to th party should be appointed to any piib lic ofilce in South Carolinn, he lis not swerved from that position, but he has not been disposed to interfere with any of the Congressmen in the patronage of their districts, except in so far as he has been compelled to protest agains, certain appointments on the ground that the persons named were more in sympathy with the l'opulist party than with the Democratic party, and in all such cases he has presented to the do partmnents such objections as the peo ple alfected desired to present. Inasmiuch as this position of tide pendenco between the two rival candi dates has given rise to reports that Congressman Brawley has some inten tion of becoming a candidate for the United States Senate I have asked him whether or not he had any such inten tions. lie assures mie that he has not; that lie did not contemplate being a candidate under any circumstances. lil thinks that his attitule on the fi riancial questions is not popular at I his time in South Carolina, and is not likely to be so, and as he has no inten tion of changing it for the purpose of obtaining oice, he does not intend to become involved in the coutest. lie says firther that in case any sound Dlemocrat will stand for election in his Aistrict lie will retire at the end of his term, To sum up the whole situation among the "Rel'ori" Congressmen as it appears here it would seem that Messrs Latiierand St.rait are for Gov ernor Tillinin, that. Messrs Shell and T'albiert are againi-t ,uniiin, and that Mr. Mclaiuriti's attiltil, is somt'what otititthil and 1 Wliddill's appointment lIts the signiletici generally altribut [d to it it, Inmay e x peted t hat those persons wh en he ieconmmeds for ollice will Ie 11;1t LTr M1en. A hav ig some bearinig on t le sit iti-m it may be hnot eId that, when IBryan wa;s leading the lilihtisteriig agaiist tho repeal bill, Most of the Souith C.iroina "Ieform11" C,ougressrniien were wit'lh the h:1iidflil or 'wilists tat were supporting hiii. Tlhe whole iiiiimer o ryan's F'llowers was abu6it t went v i bree, and a.ifter a how votes lessrs (l I ad Nlceltrin dropped aiwayN, troin him. There are 1i) inlie,t ions as to ilie residt of the conte4st for the va.tuit Judgesip of thf I'ited StAttes Circuit Coirt, 11rt, it ny bie regrarde(I as toler ably c, rtin that, hi ailiint ment will not ll. i1ade43 bihre ihe 1st ol Dt.cemn her. It is saii thait the v-rv active camrpign for tils nlli -e that is beillg 1le Its Ixt d soei uttnivorabile c;inIIIIIIf-Tt iin high lrtters. lre nine ot J1i11"re I lltds i wl %ill 1w sltronlpY irisili 101, the I)ist riet. .Alzgeshi p in ast ol .idge -'iI1ontoI')l:j promotion, but, tihir ne a i w ioer ot (harles :i aspiriuits~~~~ 1111.-no,a n hi tI.ave r;t : I rn : t I ii e in u , :m 'ii iian. posbh.it o4 1y ti ow ':n it? wniid 111it. Anrn eni i;ti girt h-m-n ti i un Sout h| Citin'ui.I who w t!: 1-hre 1;tst, week ili conrwPtion wiih thle ni lttcr is rei)rtb-d a1i insistinig th1a:11 the appolilintinent shold if > )o t Charl es H> inl the event A* doldg1 ie Siiontoill'is prormotlon. -- NV s ail C riI'er. EAi' TAIW.A, Mrli., Nov. I -l-Te Iystery srriorir'!.g ilwr l.ss of tht-21 nmim inI ihe seon i lifti )it. froi the teaner P'hi1;idvlphit wasgreat.ly deep 'I'd tfdaILy Iy (the ainloilrnevrIeent. of le capt.aiii ot the 't-!>rer I)nrfii hatl im hil iie ailVe froi tlw :ver lri*if bo't who was being held il hi j - rig notll ai;'- tr irli ies-. lTre Dii - Mird was inl tow of thIlie CIt v ) CoIcorIl if whlich steainmerl tho 'oin lit x i;'I j s !if', i L v1i c re.V pI j(-t -j i'e di- Th ilif Ino d.ori's e tw;n re un ;Iian lii rtoeit'. irhe C')roiner ia hei 1;iis l S the 4 disa-Itir. iothi I Ca~p i i? I iruri\ oii the .\ Iiitny ret s d I to 'to- jury noainde i :t ha'4 1i hI un-l hei i Ii.' '-' i it iei- 'ltain a iI 411 h iii l orl dir 1' the l!iOsli Cat;hn ll cni ye :.'I-.l . oIt t l, ha' it F, 'itrIw .i,iti eels wI ere all (4rmiiht- i-n !ctwy1i h lo e Iuin 114 h- i i i:ie- neri wnlt-d rkil wenth it nl:ts ,-nlnot r1Lutvi iiutn libt heiiV')' protwl l's k whe a i 4lw h''1 !I-I tider i:i wa N.roter aird ii b14nof th l hihn i14. p141 Cw n I; lI . .'N M., ('.N v. 10.- -(tth tI I 4ive, tLii be1 nei iit:~li who nor- t <r'i:x M4uni iran ho mp ihs loi andiet < rili' to hi mohr h44n:1 near 'ahtLtro i n :relimqi tm I t : hs beenti r on ltLI 'Hl mal tein t hiv h:mied. Th g lu srar s 'L) y 11-d 4.1 (itocstitr rnlu o se Lnd i uhlh'mu t iii inr was Liamien, ledl hi1h. ir h1rily aLnai-s r thdLr onuiso ho e e rriri:v mW. y t A.t-lv Ilrlho ie, o' th- ri ertoo 10 wrorky up'the ya and oralteri a dea Iom har:d workr ai stthi man. tile- ii uI et in Lire raetrr veornih i ure sc. W h th- coliitn e eat theapo- rl lijo t utent ua nws rree and t ieu n ibre oumbuR.aloke allemas,0( oled oe raisrbelo the ea rdr CThuiud.a -,xreseatin rineft o wht 5:20: p. me mrassac int a oth h az(eiwnt win es og. sTlhe ladtt :. I.ne thengeehavf bean t)am- I mc train; >ir ans Jon ohe ir d on- e utra; amesb the. custom exouse, s' rryinge ona pawenge trarins pni- tl Drerine of the maig rain. ain. a I oned m ohey ordaermenthecais. RECEIVED WITH SURPRISE. N% I-4t I, sildi AUout ()ltr D f in Wasahngto,. WAsI'.,N , Nov. 8.-The result o the election has been received with ,Mr"'se by all political parties here. uneixpecte happened in so many mincles, that in no case were the pre. 4wu of l)enocrs, Ikepublicans or 'Lib't ver'iied. The chiet surprise of the Demiloerats arises not from the fact that they were defeated,but that the( d!"at w ai so general in all doubt. tll state3, i'ul the lIpublican major. ity s overwheltlhig. A grain of com l'ort is accorled thesi in the defeat of the P)oulists in Virginia, aid the elec. tion of ()'Ferrall to the governorship, but the blows have been so crushing in the states of New York, Massachu setts, New Jersey, Ohio and Iowa that even the success in Virginia is hard ly paraded as a triumon. Expressions from nearly all the prominent Demo cratic leadeirs at the Capitol, as indi cated in tnese dispatches several days ago, showed that the Democrats were prepared for defeat in those states where the free coinage element Is strong and the disapointment over the Passage of the repeal bill is intense, but it was hard ly expected that in the "sound money" states of New York and Massachusetts the Democratic maj ority of the past would be so ruthlessly mowed down and the careful eff)rts of perlect organization avail so little. )espte this, however, all the prominent D,mocratic leaders unite in ascribing the ,general defeat throughout the country to two causes the dissatisfiaion of the agricultural classes over the financIal quiestlon, and the widespread apathy ot disappointed offl.:e seekers who have failed to realize the fruits of the last Democratic victory. In the state of Ohio alone, was the tariff ques tion the prominent theme of discus sion, McKinley and Neai so emphatical ly reteating the declarations of their par ties in this respect. Bat here, too, the Democrats are routed by the same ex orable 10publican majority. In Iowa, the defeat of Baies is important, not that it mcans a Republican governor in that state and a Republican United States seiator next winter but that it practically removes Poies from the list of Western candidates for the Presi doney in '96. The judg:nent of the party leadera here approved the frat. decirliration of Governor B-iP "asi sunnier, that lie would not be a can didate For governor at the fall election, and when he iinally reconsidered and :Uame out in the reace for a third term, .wasifelt-1,hat lie had everything to aud little to tain from the cam jai.-j that was to follow, It was re Iae i that even the popular Foraker, wai unah!e, in Uhio, to stem tile popu iar nti ment agaimst a third term, and when the R{ubLeans of lo.va reproach ed the Democrats with departing from oie of the cardinal principles ot their piarty in nomiinatiln, a man for a third term, they presented their opinions on the defensive practielnly from the very beginning. The PIpulists still contend that later returns will show that their party has made a far better showing ii various states than is conceded them n the earlier (lispatchos . Ii Virginia they succeeded in terror 7.ing the )emocrats fbr the last twO veVks, but, the leaders of the latter utrty ralhed from their panic in time 1) matkc unprecedented etrorts to get ut their full vote, and it looks as bongh the Poputlists would have stood much better chance Ior victory bz, iakmig a still fight. Theii l'opulist, senators and Republt is who are in the city, are anxious ~watching the latest news from Noe. raska and Kansas, and expect cheer gne ws from the official returns. There is one element of defeated De ocracy that reviews t,hme general Re iiblicain victory with a philosophic re niationi that amounts almost to sat taetion. TLhuis elemient comprIses this 00 comin Dem)ooca.t,s who have so turly reproached President Cleveland wr forcing thme repeal bill through Con ress, andu who for weeks have been red tmig that the admninistration's dis :yafty to the D)emocratic National laAomi would he rebuked by a crush ig detent in nll thRe great states' elec oni this fall. These men now point 'i the D)emocrautic defeat as the result I the parutty's departure from Its faith ithe recent extraordinary session, iid arec already preparing to coax the iI n.irty h.mcek to the good old orthodox ith wh'en the regular session convenes I Decembner. C.hairiian Bsland will introduce his cc coinage bill at the first bill day Sthe session, and the free coinage men re .ex)ectedl to be a unit in demand Ig its promnpt, consideration. Thle President, did not show that in m~se interest in the retur'ns last night mat would have indicated a confidence I)Democrattic victory. Early in the lening the President went out to his >uRntry home instead of remaIning at ce executive mansion, as is usual on ectiona nights, and the returns he re nived were only those of' sufficIent Im rrtanice to be telephoned out to Wood y by PrIvate Secretary Thurber, as ie latter received them from the tele 'nphi wire at the White House. Sev af memblers of the Cabinet drove out the President's cottage in the even g, but none of these gentlemen have > r given any expression of the causes iat led up to the general defeat, 'The P'resident was doubtless undis >uiraged by the Democratic defeat as he Ps constant,ly repeated to those mem era of his Party who have been predict ig Democratic deteat as thme result of se administrations financial policy, that 'iey wouldl viniciate their p)arty and how that the majorIty was right in de landinmg the Immediate and uncondi onal repal of the Sherman act. search,ing Freight Oars. CH AtrasToN, S. C., Nov. 10.--In be aif of the State constables, Mr. Wha 3y has just procured orders from the' Tn fted Sitates conurt grantIng authorf ty search twvo cars on the tracks of the outh Carolfina railway, suspected of. mntainfng lIquor. This makes the ghth selizuro since last Friday. All quor captured in that time Is worth robably $1,500.