University of South Carolina Libraries
Saturday, November 3. : 1877. It. MRANS DAVIS, Editor, JNO. 8. REYNOLDS, Associate Editor. Cor,. Y. J. POPE, of Newborry, will probably :run against General Wal lace for tlho judgeship of the soventh circuit, WrMN CAUPrTOR was arrested for stealing from the State, Radical papers howled persecution. Now that he is in jail for robbing the United States, will the pap organs not howl a little more? SEXATOU MORNr1N, of Indiana, is dead at last. He died on Thursday afternoon at Indianapolis. His suc. cessor will be appointed by . "Blue Jeans" Williams, and will therefore be a Democrat. CoNGAREssMAN POTTR of New York asks to be excused from serving as chairman of the Pacific railroad committee, on the ground that lie is largely interosted in one of Tom Scott's Pennsylvania roads, This would be just the roason why an average Radical would bankor for that position. TuE Regiz8tW, do nis tho assor tions of Northorn newspapers that Governor Hampton wants Patter son's place in tho Sonato. The governor has already said that lie intends to sorvo out the full term to which lie was elected by the people. It is time enough to talk of the Senate in 1.878. M1. H. 0. Wittowr is one of the Democratic nominees for the Goor gia Logislature. As one of the Editors of the Augusta Chronicle & Constitutionalit, lie has already made his mark in journalism. A brilliant career is predicted for him in "the halls of our fathers." TiE KERSHAW -fournal an(l Ga zette has separated into its compo nent elements ; Capt. Trantham and Mr. Alexander taking chargo of the Journal, and Mr. Board resuming control of the Gazette. Whether there is room in (orshaw for two papers we are unable to judge, but we are free to say both deserve sue cess, and a plenty of it. They have our beat wishes. 'IOE PRlEsIDENT Wi:EELER is hione oring the five carpet--bag senators in a ridiculous manner in order to koop them from bolting to the Democrats. Patterson is chairman of the committee on Territories, Dorsey chairman of the District of Columbia committee, Conoveri of the committee on enrolled bills, Spencer of 'the committee on the military, anid Bruce, colored, of Mississippi, of the committeeoOn levees. They have also other prominent positions, Patterson serving also on the Committees on Education and Labor, on Commerce and on Civil Service and Retrench mont. The last is a grimi joke. If thero over was a man able to defeat or evade civil service and retrenchment, it is Honest John. Who is Judge I Justice in Sonth Carolina is just now poised on the horns of a dilem ma, and she doesn't seem to know exactly how to ease herself dowvn without tearing her clothes. Learned pundits of the law say that if Kor shaw is judge, the other so-called judges are zuero private citizens-. nobodies ; and conversely, if they are judges, ho is not. But which is which has not been. decided. The trouble thus arises. In art. II., section 24, the Con-. atitution says: "In all elections by the general as sembly, or either house thereof,- the membors shall vote viva moce, and ther votes, thus given, shall be entered upou the jotu-na of the house to which. th~ey respectively belong." In art. WV., section 18, the follow.. ing lanigua~gq #0 id : "The &ate shal bo divided into convenient circuits, and for *ach. ,.Orcuit a judge shall .be elected by Joint ballot of the gensrrd assemn~ who shall bold his oMan fQ. a to'm ds fo... ye." The trouble consists in the pro vision for a "viva voce" vote in one section, and a "joint ballot"in another, which some construo into an irrocon cible conflict of terms. All the circuit judge,; were olocted by viva voce vote until this year, when Judge Korshaw was chosen by a secrot ballot in a joint session of the two houses. At the time, Tim NEWS AN)) HERALD advocated the viv( roce vote, and it now sees no reason to change its opinion, nor to coaso its regrot that Judge Kershaw was not elected as the other jud ges had been. As our feelings and our judgment differ we give the roasons for the latter. The object in interpreting laws is to mako them harmonize, if possible. In the election by secret ballot, the two sections of the Constitution are directly antagonized. The question then arises which must prevail. This is a question of law. But, on the other hand, the old systom-of elect ing the judges by joint viva voce voto, harmonized the two sections, giving the latter section a moaning which, without any forcing at all, brings it within the first provision. In this light, the provision that judges shall be electod by joint bal lot mcans simply that the houses shiall meet in joint session, instead of voting separately. The adjectivo 'joint" is the emphatic word, not the word "ballot," which is thero used loosely for "vote." Indeed, according to the Register, the origi nal draft of thio very section in the Constitutional convention contained the word "vote," and there is no record of any amendment substitut ing the word "ballot." Now, wo should consider this chango meroly clorical, as "joint ballot" is a very common term, used by the "profano" to express any sort of joint voting. For instance, the assembly elects a United States sonator viva voce, and yet how many people, members of the Legislature, candidates and oth era, speak of this as a "joint ballot"? And it is natural to suppose that the members of the "Ringed, Streaked and Striped" were able to weigh the meaning of words nicely. On the other hand, after the viva moce method of voting had been adopted; when the provision to clect judges by "joint vote" came up, it would hardly havo been changed into "joint ballot," so as to conflict wvith tht p)receding section without some argument, or at least some amiendoment m ado ofliciually and reported in the journal. If we mistake not, supre me j udges, regents of the asylum, United States senators, trustees of the university and other oflicials wvere all elected by a joint ViVa voc vote. Why then should this conflicting provision have been inserted in a section originally conformning to the general plan ? And especially, how wvas it done without notico0 being taken of theechange ? If the on, grossing clerks of our .Demnocratic Legislature can make mistakes affecting the sessions of the courts in one or two counties, why should not similar verbal inaccuracies have appeared in the work of underlings of the Radical convention ? Another argument is that the same mon who made the constitu tion, subsequently sat in the Legis lature and elected the circuit judges. They wvould have remem bered their former action in segre gating this peculiar election from all others. That .they voted viva voce shows that no difference was intended; for sufficient time had not yet elapsed for outside causes and doting scruples to fetter their inborn reason. Moreover, this ambiguity was not discussed until the time of the Whippor-Mosis om,% broglio, wvhen Radical politicians had orich other by the earn. This question has been brought before the Supreme Court by a quo toar'ranto against Judge Shmaw, who has been selected because his un.. doubted Democratic proclivities will prevent the howl of persecution being raised. The decision of that tribunal is not known. It may agree' w*th the Attorney-Genoral an~d the Tea;s14..... t may how ever, decide adversely to Judge Kershaw, who, of course, would be immediately re-elected. We will recapitulate briefly our grounds : 1. The Constitution should be so intorpreted as to make its provisions harmonize, if pomsiblo. 2. The symmetry of the whole it general plan-requires that elections for judges, as; in case of all other elections, should be viva voce. 3. Any provision of the Constitu. tion should be so plain as to adnit of no doubt whatover, before it be mado to fly in the tooth of a pro~ Vious sweOping provisionl, aind destroy a general symmetry per vading the wholo. If it be at all ambiguous, tho bonolit of tho doubt should be given in f.vor of analogy and precedont; that is, to a joint viva voce vote. , 4. In the light of surrounding circumstances-taking into con sidoration tho first draft of the section in quostion ; the uniform system pursiod in jitdlicial olectioins, by legislators who had fraiud the Constitution ; the popular uso of the word "ballot ;" its intorchiage by the uilearned with tho word "vote ;" the introdiut.ionl C'f the word "joint," showing that a.4 the emiphiatic portion of the sontonce the expression "joint ballot" can be (olstrlld into "joint vote." 5. Tierefore let that construction be taken, so Is to avoid con.1fusion and difficulty. SO UT1.I (JAR ( LNX I NE WS. The sixth Poe-Deo fair was held at Uhmtaw on tho 24th, 25th and 29th ult. It was a great success. The Charleston Chambor of Coim mere -will osic Coigress for ton thousind dollatrs for tie improve, mont of tho harbor. Judge Maier is not a candidatn for the associate justicesliip, it will run for circuit judge when a vacancy occurs. Tim Hurley has been summoned as a witness beforo the Investigat ing Committee. His testimonly will be rich, rare and racy. The Charleston Chamber of Com merce have refused to grant aid to the Liberia Exodus, on the ground that they cotmider tho mission of the colored man to be more hire than in Africa. J. B. Campbell, Eq., and Hon. H. 1). Lososne are spoken of in connection with tle Charleston Smnatorship. The Democratic nominating conv'ention has been onlled. Judge Northrop's confirmation as U. S. District Attorney hy tihe Senate ill be hotly contested. The "stalwart" Republicans and1( the New York Radical papor3ls aro pitcih mug into 11im1 heavily. The Ciark Light TIantry, of Augusta, have cihenged the At lanta Cadets to meet thlem at tihe South Carolina State Fair at Co-. himnbia, and thmere contend for tile championship of Georgia--the con test to be decided by3 three officers of tile United States Army, to be selected from Fortress Mo'nroe, and who are not to be acquninted with either compIany. If thme Cadets accept the challenge at lively time may be expeted. Thle Beaufort TIribune says : "Tile brig Derwent, Capt. R(obert Wiiker sonl, said to be the oldest vessel that floats, is again in our1 waters. The .Derwent was built in 1776, and has her original planks and timber still as8 sound as the day they were put together, and is as staunchi as when first built. Silo registers 270 tons, though her hurthen is nearorr 360. She is of Merryport, Cumuberland, England. H1cr captain is a social, jolly tar, and is as pr1ouId of hlis lhup as an Indian is of a joweol in his nose." V'in14s, Liquor's Tobacco, &c. JjUNE Palo Shilrry Whro, fine N. C. -Suprnong W'ino, fine old P'orto Port Wino, lino imported Clarol. Wineo For tableusmo-. ALSO, Fine artiulo dry 50ouppornong WVIne, Otaird's & Co. gonuino Cognac Brandy, u)lre N., C, Apple Brandy, che100Ic Stono Mountamn (Georgia) Corn Whiskey, pure N. (1 lSweet Mash Corn Whiskey, Miy Cabinet Rye--the bost whiskey in town, and a full stock of all ether good LJiquors. Also, the clebrated Indian Pale Ale, fresh Lager and Sweot Spairkling Cider en draught, The largest and bost sel~oted stook of Havana Cigars and Cigarettos in town, lackwell's genuinoe Smoking To. bacco, Messmnaoraniges and Lomons for sale low for caRih by jnne 12 F. r e .....JICIT Tho StatiN of South C Il11, COUNTY OF FAIRFIEbD. Court of Com ollion Plenl. Samucl B. Tathan wvs. W. Walit Brice, Wil. J. Lathan ad John J. caldwoll. IN pursuianeo of an order from tho Court of Uomm11on a1011s in th1 bIoVo stated oase, I will offer for sal,i before the Court House door inWinisboro,oi the first Monday in November next.. withiii the logal hours of sale, the following de, scribod property, to wit: All thlit platatiion or tract of land lying in Faiidield comiity, on waters of Waerve Creek, contaliling yIVE HnuI.;o AND IP TY-TIIER AND 'Il HEE-4UA11RT.s AtiklS, MnOe or less, and boutletl by lanids o Sai1 Cuel ). Lithan, A. B. Montgiaery, an i( the lands of W. Watt Brico. TEmMs OF SALE: One-third of the pure-money to be paid in C.vi, the balaneo oi a vredit. of ono and two yeLrs, with in(tvrest from day of salo---tljo puruhiaser to give his bond and a mortgage of the premises, and to pay fur all ieceilry pnp prs. Sheriff's Ofice, S. F. C. WMinnboro, 8. C., October 5, 1877. Oct G-tis The 8itto of 80o1th Carolina. TO Daniel W. Gladden, James Tidwell and Reziah 'T'i-: .-t his wife. Isiiah TI' GlitedJn, William 11. 11. Mitige fly ( MaTIlry,1tno Miin his wifo, Ioga hell-4 Ind ropre.;entatives of ,linor Glthel,e wIlo dlietl intes;tato: 01 T are herehv required to nppear at - the Court. of l'Ir(olate to le I-'len a11t Faitiiiiel Coirt. I eolso for1. Falrtl-ti County. on the 1Wth day of Dieember A. 1). 1877. t4 shew eau.-I, if alfy vll cyu l, wly the rvail ehite of .\o ir ' ('ittk,.o'v. fleves.ed. dse 1 inl I'e 14-!e.on olf Eliza ,J. Powell, filed ill my i', shyoffl o h iot be di ied or riold, allottilg to :he stid Eliza .1. Powl 1 one-l, ml teI 1 saiid Dalid W. dldelen, Kv/illi TiI well andl(]Tyaiahl T. 1a1thllenl the, other hl n emlprollolti-m, beA'wei'n the.. iven ourler' my h-ool mal't. , ti -Ith iYL of Otober, A. 1). Pi77.| -- O . 111 T ilm i pO , Jiudge of Proli,t - Fairfield County TO tho del-1ent Daniel W. (la,d d1 e ii Jimlites Tidwell 111111 Xexiahl Tlhvt-ielwell Lii wvife, Willian t l. It. Mting-o and Mm-o JIlnv Minlge his wife. TAK not ite tiVat the summons ill 1 tis Saction, of whiech the lon, --in, i:; a copy. Was filed ill tle ol"Imu ft iiv- '1oi,at1I Court, fit Winnsboro, in 1..o cmiut , vf Fir-field, in IheI( SetAte of Seouth C:lIninil (.nI tho Ithl d1y op ctlr.1), I'S7'. Winsboro, S. C. C Estate SaIe. i. i vitu" of a~ powiier ofl at!t orey gi ven. . to Ie by IN toe ilntefst'-d inl tit esttte of, . 1 . It l ', doe.-asN 1, [ will 1of,o. I'or sale it pimblio olther', 11 Ii, l ,ewy S. C., en it he 2lk liay olf Novimeim, 1n 1e1A, the rollwin1. roal pmeroely )lOnin t: the eshatu of -tth. SaidI D. R.' I'if, de Out- lot. of liti-1, e m111h di Ii I out 1 ,61' areves, MI whitb mtads ia to Mtory dwelt ilig- hols'. Two lots of laiml, vn cre eaheli, on vach of' whieb .4tan,1s v eett. One lot (I :m1il, vonlohteinil g olf1 h lf of an acre TOn icVlfhIl stfiLiIs i saiMll Co(tt'V. Ing tract of liil on Dithumin's 'cr..k, colitelning oli' itlrel altid w.eunty-lve I. acres, motre or' less. AT.5o, Hy virtue of authoruit.i g!ivenl teo mo1( by the Ptroltett. Jude, :,'. e''r(eIlr if the will of' D. II. Itaff, dieeae.l. wvill wil, at the .sfame timte and1( pilace, tIle followV4inig; personauiel prerity: Onat fine P4ianIo (Knabce), 7.A octave's. Onie tine Par'lor' Organ.~ (One( Jhlggy'111 a fi Hrntes.. One se'tt of' W~alnt luitur111o,comiplete. I wo M ilelh Coiiws anid Calv'es, HIouseh'fold and l(itchien Furnitur'e, and r>thor ari'clies. n T1'ni1s 01? SALE-For real estate, one.. ft thir'd c'ash, and tiho baulance on ti credit ' of 0o1e and two year's, with interest from b day of :ale, to bo secured by bond of at ptit'riaser and imor'tgago of the peromisles; -t purchnlt..":r to payv f'or all niecess4ary papers aInd to pr'ocuro3 policies of insurance on 0f the several builings, to be eu,Liued a nntil theo pulrchacse-money 1)e paid, and 0 issiga the samoe to A. F. iluff. For per 4onal property, JAsn1 on day of sale. ht A. F. RU JF, e Attorney in Fact si ,oct 1:3.-tltxwv and1( Execn tor. ri SIIERIFF'S SA L am B~Y virtt'o of an exeoution to me direct- re L.d 0( will offer for salo boforo the Conr t n [-ouse door in Winnsboro, on thu first ti kIonday in Novonisor next, within the of egial hours o.f sale, F'on CAisn, tho fol-. ai owving dlescribed prioper1ty, to wit: ti' All that plantation or tract, of land tv yling in F"airfield County, oin waters of al leaVor Crooh, COnlting TnREI"E JIUNDnEn tIl 11ND FOUlnrTMEN ACarEs, niore or les;s, anid ionndedO( by landls of' Mrs. JT. P. (Colemaen Iims Sallio P. Layles, 1'. M. Lyhes and >thoeru. o ALSO, NI One tract of land lying in Fairfld !OurlLy, 01n wa'itOe of 1'll.k Gre'tek, con to LouxNS, more or les'~s, anfd boundled' by ands11 of WVesloy Mayfield, .J. C. F"easte,r Estate of 1H. J. Ly~~les, Mr's. Ti1. E. MElan' o sa It. Means ande Samiuel II. Clownaey, of ill lovied on as' the property of' W. &. hlontoith and lilihardi O'Neale, at the' 0 uit of Edwvin 8. Scott, surv'iivor. 8htrif~g fflOe S. W. RLUFF? Sherif's Oco,8. F.'C. Vinnsboro, 8. C., October 13, 1877. 00 cot 10-f 1x2 Fire Insurance. NCOW is, thu time~ to Insure your StI LDwolin.g., Barns and Gin Houses05 s kmnple scurity oflor-ed in the OLD ANI) f1n YELL ESITA lIS1HgD COMP1AN1ES It oproseented1 at this Agency r Apply to JAS. W. LAWV Hi oct 11 -x t 1m J1m..... e . . o. *. Columbia Businoss Cards. EADQUA'Ie pest. (iro. .- "(riesiand livirdwarl in Columbia , LleL founld 1. (hO 01hi reliable hOus f IVS, Portratils, Photographs, Store oscopes, c. All old picituret opiod. Art. (dalory Buibling, 12-t.1 Main icreet, Cu iipt.t, 8. C Visitors aro ordially invitted to call and oxamino. rIIALFS TILAS,formorly of Camuidn, -j has mlloved to (olumbi,n in I opened large slock, of' Dry GiUok aid Not-ionm, Wooin, Shoes, Tr11cun, k.; and valises. Satis 'Actioln guarantc1eed. 'IllI-'E.1- 4. DA\'fs, importers an1d S/delrs inl Wa1tches, (Jock1w,Jewel ry, Itvuad Platted Wnrv, Hlluso Furnish lng Gkoids, . C. N. B. -Watchem and jew Iry r"piired. Colnbia, S. 0. oct2 7--y Augusta Adverticoments, F i-lT i)ry (ILdS 1101use in 01he Son11.h. Al4 explos re..,i pai<d where the1 rder is $10.00. Writo a Postal for Sam Oes and Priet t. V. ll':lAlDS &. 1R1O., ocl. 27-- Augusta, Ga. . V. DeGraaf, W liolesale 111d Retil FURNITURE DEALER --AND) TnIertaking in all its Brauiches. 17, s47 and 149 Brontd St. PAllLOA fI SUft'ES. ,ix Chmirs, liair (loth or leps, S21 "4 " " 24 PATILOR ROCKEIRS. arvcd Top, I U1ir Cloth er Rep, 900 1l 00 17000 .raw anid Cotimn, $3 50 " " 4 O I hum-ck and Cto t.n, 75 ,4 .1 -125 ott n, 0 00 SIDE B8(IAlIIDS. arble T p.4,,22 -5) 96 :s-5 " " 50 . " 4" 150 PARLOR SUITS. -ven pieces, Hair (.loth or Reps, . 45 .4 50 90 100 6' 44 VO( 44 449 4461 j 125 jn " T.o ather or Cino 150 ight " ine, upwards to 45 fl. V. DcOILA AF, oct 27 -Augs G. No c't tre fr,r.ia0 ir i.kin.g. hle State of )oUth Caro li CJOL-NTrv oF PA'.:u:,I. In the Probate. Court. T[arleton Murpjhy and OthvLs. N pousmmoo of an order from tho .Court of I Probat i for Lairildli Co)unity, ado0 in theo abovie s'tted case, I will (oiri . r sale hofore the CJouri lino door ini mniboro, onl the Iirst Mondacy in Novemc.. ~r next, within the legacl bouurs of salo, 1 the rigi, title and initerest of Eldh im M. Murphy, deceoased, in a certain t of land ly cng and situacto in the town Wmnlboro, containing one-fifth of an rio, mocire or less, aadii (mbrced wvith ni O following arca, to wit: comm noeing aut cc southx-west corner of lot numbler one ilundred and thirty-two of said towni and oenso running soutLh along L:ongressc reot thirty live foet, thou cornring anud mining atrighit-anigles to said( strect in aonturly diiroetion cdOut two bindred ia lifty3-HCoe feot. to the track of theo iariotto, Columbia and Augusta llail.. aud Company, then cornelring aind run.. ing in a northerly dirceion along said sok thirty-five feot to the souithlerni ind let nlun,uber sevenkty-two,thuen corn~ferinig cd running in a westerly direotioni along e southern line of 1ots n uber seventy o and one hiundredl andi thirty-two ocut two hundred and fift.y-fIvo feet, to e beginning points, TEn3Ms OF BALE: One haluf cash, the balanco on a creodit 01n0 year, w ith initorest fronm day oft 10, purchaser~ to givoi lis bonid secured ai mortiVgage of tho proisesO sold, .ind pay for all necessary papers. ALSO, Fon. oAsu: All the personal proporty, Cmaisli ng of' e Gold Watoch anid t,he uncollectedl 'tea anid accounts belonging to the estate tihe saud Ep)hraima M. M~urphy, do.. asled. S.. UppC mnccbore, 8. (C., D)etobor '., 1877. t 13-tds now Piano,md yoeo h ed in, anfctrs of the Unitd. i..'oinstrumient. ha Uaco itod Te ndone-third eavs aondi.s ishied with alli the latest imiproveuments. man ho bou.ght at a groat reduction m retail price. pl at tihe of010 of TH NEWs AND :icaI,D. line 2-t