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E STABLISHED 1865. NEIBERRY, S. C. TUESDA DECEMBER 8, 1900. TWICE A WEEK The Great Chris pec Special articles at sr miss us. Record break them. You can't matc same quality. MIMNA Now is your time to STEP 5 Bales of Blankets and Comforts 50 pairs 10 4 All-Wool Blankets as I 50 " 11.4 " it 100 " 11-4 Grey and White Cotto 100 11.4 " i " 50 Large size Comforts for this sale A big lot fully guaranteed Gloves j and shades, Tan, Gray, Castor, Bru getting $1.25 and $1.50 for same glov A big line of Drummers' Samples t< A clean sweep in Millinery. You e and remember the prices you paid bef today. I am satisfied with small proi 100 Trimmed Hats, S1.00, $1.25 and Our entire line tc Minii THE LEGISLATURE REBUKED. PASsAGE O1F SPECI11. ACTS IN VIO. LATION OF TH M CONSTITUrION. One of thoso8speclal Acts Ovorruled by the Supreme Court, and In It8 Opluton the Caurt (eclarea: 'III Ord. r that. a L*4w May be G.-noral It Mu-4 be of Poice In Every County in Ihe Staiw, *And while It May Contain 14 pecial Pro violons Making its Eff ect Diff - crent In C rtaln Countles, thoRe Counties Cannt be Made Exenpt front Ita Entire Operation. (News and Courier Dec. 12) Columbia, Docembar 11 -Special: Here is another case of "I tol1 you so." Year after year the General Assembly has been wvarned about the utter disregard of the Constitution in passing special legislation. Mem bers have gotten up on the floor and announced that perhaps the legisla tion was special and contrary to the spirit of the Constitution, but have left it for others to test the matter and go to the trouble of a fight through the Courts. The vuestion has been aslied what the members of the General Assem-. Ibly would have to do at the coming ~session. A prominet me3mber of the ~Senate and one woll up on constitu * tional matters remarked to-day that sa good portion of the time will have .to be spent undoing the mistakeu that had been made and trying .to etraighten out the laws and get around the decision that hae just been filed in a case from Spartr.nburg County. The decision is far- reach ing and many think will be rev'olu tionary in future legislation. Thle decision says: "In order that a law may h'\general it must be of force in every 'obutyt in the State, and while it may 'bortain special pro. visions mrking it effe'bts d4ifferent in .certain counties those courities can not be made exempt from its entire . operation." Everyone knows how general is ithe provision "this Act shall not aip 1ply to this and that cou fly." * There is often a mad scramble on 'thd part of rmentbers to have their ,counties exempted f,fom the provis ions of certain Acts and if the statutes be examined it will be found that ,over half of the Acts of any one ses raion, which have anything to do with .county affairs, make different pro. visions for the different counties eni. tirely regardless of the provisions as . onted out in. the decision, Just filed. tmas Selling beg ple. No time to MIMI >ecial prices will meet y( ing values in Black and h a yard at these prices < UGH'S price, as long as buy a Black Silk Dress QUICK ! ust opened-All-Wool Elkin No. Ca. I ong as they last $3.75 woLth $5 00 " " "g " $4.75 " $6.50 n Blankets only $1.00 " $1.50 " " $1.49 $2.00 t 98c. " $1.25 ist opened up for the holiday trade, i wn and Black. Some stores in Nowt es. Our prie is only 95c' a pair. > be opened up this week at MIMNAU1 an buy a handsome hat here for a littl. ore I opened Millinery, and the prices its and largo sales. $1.50, worth double. be sold regardle ]ugh.y Members of the Bar regard the de cision just filed as one of the most important in recent years and ono which is liable to be of decided effect The Court is unanimous in its opinion. The opionion is written by Associate Justice Gary and Mr. Asso ciate Pope concurs in the result. The decision of the Court roads as follows: 'be record contains the following ,tatement of facts: Geo. B. Dean is, and was at the times hereinafter stated sheriff of the county of Spartanburg. In the fall of 1898 he presented to the supervisor and county board of commissioners for the county of Spartanburg his account against the county of Spar tanb)urg and among other items there in charged against the county was a bill for dieting prisoners, in his charge, for the month of June, 1898 -the said account for such dieting bein~g made out at 80 cents per day for each prisoner. In dlue course of business the account was acted upon by the supervisor and comity board of commissioners, and the account for dieting prisoners for that month was redu::ed by amount of sixty-seven and ninety.one. hundreds dollars, the rate allowed by the said supervisor arid commissioner being twenty cents instead of thirty cents, as charged. From the decision of the said supervi sor and hoard of 'commissioners dis vllowing his claim as presented, Geo. E. Dean appealed to the Circuit Court for Spartanburg County. His Honor, the Circuit Judge, dis maissed the appeal, whoreupon the plaintiff appealed to this Court on the following exceptions: 1, Because the proper construction of the various Acts relating to the fees of sheriff for dieting prisoners, to wit: Section 2.101 of Revised Statutes of 1893i-the Act of Marc-h, 9, 1890-the Act of March 2. 1897 Uhe Act of February 10. 1898~ and the Act of February 19. is that under the law of South Carolina at this time the legal fees for dieting prison 'era in Spartanburg County are thirty (80) cents per day, and that the Circuit Judge erred in not so hold. ing. 2. Because the Circuit Judge erred in not holding that the legal fees for. dieting prisoners in Spartanburg County are thirty cents per day, for the reason that the Acts of 1890, 1897, particularly the Act of March 2, 1897, are unconstitutionail and 'void in that: ins this week. l lose if you are gc brohter or s >u on every hand this wN Colored Dress Goods a :1sewhere. French Fla they last, 60c. a yard. cheap. Our entire line 1lankots. Here ik whero th and Jtickets than all t he openled up1) this wet ica. I pay no middle Savo you money. D< 5 bales Plaid Ho orry are '2 balmi Newberri 3'S. 1 case, 50 pieces money, Just opeied Bed you pay Towels, Bleached and wear for men, Wm('1)(1n cent. less than any ic ss of cost, $2.50 for mI (a)They are local and special law fixing the amount and manner of compensation to be paid to a county officer, and, therefore, in violation of Subdivision 10. Section 34. Article 2, o: to Constitution. (b, fhey are local or special lawH fixing the amount and manner of compeosation to be paid to a county officer that are not graded in pro porlion to population and nece.,sary service reqiired, and, therefore, ir violation of Subdivision 10, Section 24, Article 2, of the Constitution. (c) They are local or special la%[ enacted were a general law cou d have been applicable, and therefore, in violation of Subdivision 11, Sec. tion 34, Article 3 of the Constitutiou. 3. Because the Circuit Judge erred in holding that the first section of each of the Acts herinbefore men tioned was constitutional, and fixed~ the compensation o: sheriffs at thirty cents por day, even if the second sec tion of said Acts and the provisoi thereof were unconstitutional. The pivotal question in this case is wvhet her the Acts mentioned in the exceptions are unconstitutional. At the time the Constitution of 1895 was adopted sheriffs were al lowed, under Section 2,551, of the Revised Statutes, 30 cents per dhin for dieting prisoners in jail. in 1890 an Act was passed en titled: "An Act to regulate the die. ting of all prisoners before and after conviction, when in the custody of the aupervisors and sheriffs of this State, allowing only 20 cents per diem for dieting prisoners in jail, but providing that it should not apply tc the counties of Marion, Charleston. Colleton, Barnwell, Richland, Berk eley, Sumter, Spartanbu rg, K(er. ehaw, Anderson, Pickens, Williams burg, Newberry, Union, George. town, Aiken, Beanfort, Lexington, Clarendon, Oconee, York, Abbcville and Darlington. In 1897 that Act was amended by striking out Spartanburg County ii the provi3o exempting certain coun ties from the operation of said Act An Act was passed on the 16th o February, 1898, entitled: "An Ac to amend Section 2,487, Genera Statutes, being Section 2,501, Re vised Statutes, by adding at the eni of said section a proviso allowing only 85 cents per day fo.' dieting prisoners in the jail in CJharlestor and Aiken counties." The Act thei nprnceels to state how it. will radA a lever before have )ing to buy any X weetheart, now is H' is 'eek. Ten sznlesmen an( t cut prices. Don't buy c .nnels with "ilk dots, all k 10 pcs. 50 -inch Black E of Black Dress Goods, re Capes and Jacket - the old fogies lit in) lino bwhilld. I ' he otlr stores iin NvwIhvrry mini 'k I buy them direct from he ti.. proflt., don't buy it Capo or Jatcket m.. )mestic DepartI E mespun for this salp, d i Drills, extra heavy, eo. Canton Flannel, lluhlew.c:1, regular 12 Ticking, Reld and Whlite Flannels, Bod Unbleached Sheeting, Hickory Strijpos, and childrei. Any of the abovo article W40 in Nowborry. , $2.75, $3.00, $3 Men and Wom amended and sets forth the item: Dieting prisoneri in jail, per day, 30 cents. On tho 191h of February an Act, was passed entitled: "An Act to amend Section 2 of "An Act entitled an Act, to regulate the dieting of all [risoners before and after conviction, .'hen in the custody of the supervi visors and shoriffs of this State, ap proved the 9th day of MaIrcb, A. D., 1890," Approved the 2d day of \farch 1897, so far as the samo ro lates to Beaufort Conuty. Section 34, Article 11, of the Con stitution, contains the following pro. visions: 'Tho General Assembly of this Stato shall not enact local or special laws concerning ainy of tl:e followinig subjects, or for any of ti,e following purposes, to wit: *, ** To fix the amount or manner of comn pensation to be paidl to any con) oilicer except that the laws may be so made as to grade compensation in p)roport ion to lie population and necessary service requ ired. "X[. In all other cases, where a general law can be madoc applicable, 'to special law shall be enacted. "X II. The General Assembly shall forthwith enact general laws concern ing said subjects for said services, which shall be uniform iui'their op)or ations: Provided, t hat noting con tained in this section shall prohibit the General Assembly from enactinug special provisions in genera laws." The Act of 1890, supra shows upon its face that the L 'gislature did not intend "to grado the compensation in piroportion to the population and neccessary service reqluired." The number of counties eomb'raced within the provisions of the Act and( those exempt from its operation are about equal. Connties having a large populat ionI and those havmng s small populat ion are to be found on each of said hists. The coup)lativo conjuniction is used in the Constitution and shows that in grading the comp)ensation it must not only be in proportion to the neccessary services required, but also in proportion to the population. If this reqluiremnt of the Cion.t i I tuntion had hoen complied with it would have been ne asary to dlivido I the counties into more than Iwo classes- thova affected by t ha Act Sand those exempt under the proviso in it. The act of 1890 was local and a Bnecial ndt thereof, wna prohihited1 g TimTes we been so well prepared to meet 'nas presents for wife, mother, sist( the time and ehw llace I salesladies to serve'Iyou here. Just follow th me yard of Dress Goods until you sce Our line. vool, handsome quality, other stores ask you 7 >ilk ".loria, regular one dollar kind, your choice c gular price 35, 40 and 50c. You can take your Shoes! Sh vO -old more fino1 Capos 111leiV'1 (lSSOf(t'4,W 1n11 her shipmn tos I have Just reteivod "M cass of M oI', Wo Allufahctulre i A big railroad wreck. Nothiig wrong withi the st u seo our fillno I will 5 Cases Men's Stono t rusher Brogans, $1.1 Alfred Ti( s, best voal calf Bi t." Wonint's overy day Shoes all sizei 1 " Hool or Spring Icel, Butt Sprad, Tbl Li'n A"en's Satin Calf Liaco or Congross, ._C, for 0!i'i; iol, 8 Ie. 5 '''' Spreads, Tablo 1iinon, 300 pairs Children's Shoes, n long as the)y Joins, 011ting, Under Ask for Drow Selby & Co's. ladies' fino sl s I will sell you 10 per Ask for LowiS A. Crossetts men's fino sit m1an'S . Filoos. i 9111S~e111U05. L " " xax. .25, $3.50 and $4.00. We sell ev< en. fL i by the Constitution. The Circuit, hich is: "Evory Act or resolution Judge ruled that even if Section 2, 1 having tile fore of law shall rotto of the Act of 1890. wis unconstitn- to but one subjoct, and that shall be tioiIal, the first section thereof was expresed in thotitle. Bmituse (2 v,did, and that Spartanburg Counky th ActH of 181 (10 not rovivo and was included in its provisions Wo restoro (ho(P1prvisions of Soction cailnot accept this construction, as it 2,561 of tio ieviscd statttes of i8s3 W0uld imako the provisions of the ai to tho dieting fees of prisoners, Act applicable to those counties which provifionf had beel ropelod which tile Logislature, in express by tie Aes Of M 9 ind 1807, at language, had shown it intended to leat in so far is they were in con exempt from the operation of' said fl with the provisions of tiail Acts. Act. This is not a case where eifoct Bocimso (3) thl Acts of 1808 are in can be given to a portion of an un- con 11 i w ith the provi-ions of Art constitntional Act. It is also contend- co 3, Section :11, Subdivisiont It od that tile Aot of 181)6 falls under and 11 of the Constitution. the proviso in Subdivision XII here- [i c f19 a ensov imbiefore montionied, which is as5 fol- t 11tnoittuinl io vni lows: "'Provided that nothmng con -thAcof18,liiI(igScin taint in this section shall1 prohibit,1IoftelliH( itit,wa thle Generall Assonib)ly from enactingasodcrdto10uiottltina specil provisions in generail law."' i.wudntbnfi,tl epnet It. iS mani festehd from OVent casual a h esi ideetwillhv reading or thle Constitution that t e(OCmI(( )'Scin251o "1Oca11 or special laws'' atnd "specialth vidSatnts vlI low provisionls ini general laws" (10 nottirycnsIr 10.'lerspn. moan thle same thcing, and1( that theo etf tony ejnse )lliSil worn intended to be conestruied init eiwte ieeo ilasv such a manner that nleit her wouhiKrhwCuny 3IS E L 91 prlact ical ly destroy tihe force of tiehe i~swlclhaejs eno other.prse edrt l- nneeay,s l"nrthormore, as the Act of 189(0i a aetecus olWlte h was not tile "'general law," it (lid notc.o 86wsucntttoa a come within t he purveiwv of tihe genotnnvlc,itd(VJ fthtcte erail proviso.* In ordler t hat a law muy ay vrue t OU11no eei b)e general it must be of force in ter'pJ(el.\emysy 1w every co)unlty in the State, and, whlileovrtht~'se10rlLnlfrrc. it may contain special provisionsigfrnthe)iJillstrina making its effect different in certain Iolnel counties, those counties cannot be I stejdmn fti or made exemtnlt from its entire opera-ththejdnnt.o teCici tion. Cutb eoMdIidtecs e H avinig reachedl the co)nclulsion a(eltthCurfoauiur that the Act of 1896 is unconistit u-thrpcetni amyheecs tionail, it necessarly follows that thesrytcayito fetthviw Acts almfedatory thereof are withouthrenaionc. force and1( effect. - Ilespondennt's attornoeys mfadoe and pcaprvletoClg S argued thle p)omYt on Court that the (ot oiasb ieSaor Acts of 1898, ( Nos 450 anid 457, 22Ai neRlwy Thyan )y stiatulte(, pa5ges 789 to 749,) could notthitcksatgelyezie(rts 1)bennstruied to apply to Spartanburg fo )cme t oD~me County, or the dieting fees of pris- ni Jnay t,icuie onters in jail in sanid coun ty fixed by - prior acts; bcau.tlo (I ) the acts of *A 1898 purport to amend Section 2,561, CO i of thne Revised 4tattes of 1893, and FrIfatanOhlrn the Acts of I189(1 and 1897 only is so hU2YoHaeBut far as thte salw).t relate to tile dieting ib NUAwy of prisonors ill the counties of Besth Charleston and Aikon and Beauifort, Sgaueo aindt do not purport to be general ___________ Acts. Tfhoerofore such construction oe ytla wouldl make t hem conflict with artieo atg flwrae nSaor 3, ctin 17of he cnsttuto x pireso in Raiwa to it holideas. the Act of 189 dono, rvv n the wants of the e crowds and you can't Here is but a few of -c., 85c., and $1 .00 for nly 65c. a yard. .hoice for only 25c. yd. oes! iiii's ind Children's Shoes from a 100s Only boxnts at little smashed. () a pair, worth $1.25. ogans, $1.20 a pair, worth $1.50. 3, $1, a pair, worth $1.25. mi or Laceo, 95c a pair, worth $1.35. $1.25 " " 4.5. $1 a pair, wvorth $1.35. ..5 " 4 $2. last., 20c a pair, worth 35c. Ps, $2 and $2.50. )1, -2, $2.50 and $3, good as any wything to wear ouglh. ICNHUS OF TIlE STATEIBY COUNIIEs Arranged Accortling to CongreSS1onal DII. LrIcts. WO publis1 for the information of air readers the census of the coun. ties as givon out by the consus do pArtment. PIRSNT DiIS1m,r ..h.arl so n----... ................. 88, 06 (eorgctown .........----.............. 22,846 ItIau fort................... 35,4P5 W iiiansbuirg (porLion).. ..;........ 22,130 LColletona (portion). .-.... ...... 11,151 Ber keley (portion) -.--...............I 5,000 TOa ......... ---------.----.............195,6 28 SE:COND) DISTRICT. A iken ...-'-..-------------......... 9,032 I3arn wel..------................... 5,504 Ienf1rIg.-'--. ---.---.-----......17,26 8aluda....------------..... ........18,966 I'dgeZfield......~................. 25,479 Baniipton.----.--........... ........ 2,3 T'ot al.'-.. -------.-............160,015 T I IlIR D IST'R I("I, .* bheville.----.--.. ---...........3,400 A\ n dlerson.---...................... 55,728 rewood.-..--.-.--..........28,343 Je w berry.--.-.".-..............0 182 Jeonce....----.-....... ........ 23,6341 Pi ekens.-...-.------.--...........19,375 Total,-..-- -.... ----.........10,62 aIirIileld....----.---.......-....20 ,425 rlLcn v illo--............ ........... 53,490 Ibaurenis..........---.-.......-... 37,382 A partanburg.---.................. 65,500 ....n.----.~..-------.....n............2501 t ch land ( portion)............... 31,32 Total.---.--.-.-................242,770 J~herokee.-----........... ...... 1,359 Ihester -----....................... 2,1 .hesterfleid.-----....~.........0,401 T ershaw.--.----.................. 24,696 r4an caster...............-.. ...... 24.11 f ork-..---~.~-....-...--......441,684 TIotal.------------------..........161,067 SIXTH D)ISTRICT.. 3Iarecndon..-.--~... -----........8,388 )..rling ton ..---.-.............. ..,184 fl"orence..*-.-.-----............... 28,474 [lorry ......--.................... 23,364 alarion.--.----.---................5,181 M arlboro... ....................7,639 Williamsburg (portion).......... ,5f 5 Tot al .....--. .................18 ,85 S3EVENTH1 DISTrzICTr. Dorchester .......,,............* Lex in g ton.............,............26 Orangoburg .....................66 8umtcr...............,... ......,,, CJolleton (portion)..............0 tl3rkeley (portion)..............5 1I~ciand(potion........6,294 Totln.d..porion).............. 1,107 T ota --- ~ ~ - ~ ~ ~. -.. ... .. .. ..2 8 ,M