University of South Carolina Libraries
?SI SUMTEK WATCHMAN. Kstablished April, 1850. 'Be Just and Fear not-Let all the Ends thon Aims't at, be thy Country's, thy God's and Truth's." THE TRUE SOUTHRON. Established Jane. 136 Consolidated lag. 2,1881. SUMTEB, S. C., WEDNESDAY, SEPTEMBER 15,1897. New Series-Yoi. XVII. So. 7 PublisJisd Every TSTodLaesday, JE*3T. C3r, Osteen, |~ S?IMTEK, S. C. TERMS : ?1.50 per annum-in advance ADVEKTISSMBXT: One Square first insertion............$1 00 Every subsequent insertion....;.,.".- 50 Contracts for three months, or longer will be made at reduced rates. ; All communications which subserve private interests will becharged for asad versements. Obituaries and tribu tee of respects will be charged for. No Usury? The Law and the Building and Loan Associations. Columbia. September 7 -The building and loan associations that have been doing business in this State have been of decided idflcience in the money markets. ?There are hardly any towns or cities that are without their building and loan as? sociations, and a great many places, in addition to having several home enterprises to loan money on the building and loan plan, have foreign agencies. For some time past there has been a good deal of litigation by those who, when they went to figure up, found that they were pay?Dg more than 6 or 7 or 8 per cent on their loan s, as they had supposed. Some of the companies were charg? ing as high as 12 per cent and per? haps more, but it was not exactly in the shape of interest, bat was paid in for expenses and the like* The Courts nave recently held that these contracts with the building and loan associations are valid, .and that under the regulations of the associa? tions the companies do no not charge usurious interest. It will therefore be prudent for anyone going IBTO these plans to do their figuring before making their loans, instead of after getting the property with the bor? rowed money A second of the cases recently de? cided upon thia matter, and which deals more especially with the foreign building and loan companies, is. from Bdgefield County. The Supreme Court renders a unanimous opinion, and presents the entire matter in the opinion of the Court by Justice Gary when it says ' The facts are more particularly net out in the decree of his Honor. Judge Buchanan, from which the plaintiffs appealed, upon the follow? ing exceptions: "1. Because bis Honor erred io holding that the contracts were to be performed in South Carolina, and were South Carolina contracts and governed by the laws of South Caro? lina, when he should have found that the two contracts were governed and controlled by the lavs of the State of Georgia 4 2. Because his Honor erred in considering and deciding the ques? tion of usury under the laws of the State of South Carolina when he should have considered and decided - . said questions under the laws of the State of Georgia. "3. Because his Honor erred in deciding and holding that the con? tracts were usurious "4. Because his Honor erred in holding that the contracts under the laws of Georgia were not usurious and no penalty could attach to the case "5. Because his Honor erred in not allowing the plaintiffs 10 per cent, attorney's fee, when the coo tract distinctly specified that 10 per cent, attorneys* fees should be allow ed if the contracts were forced to col? lection by an attorney. "6. Because his Honor erred in holding that the amounts paid month? ly on the shares of the defendant should be applied to reduce the prin? cipal of the debt. "7. Because his Honor erred in finding that there was due by the de? fendant to the plaintiff on both of said contracts the total sum of $1, 031 46 "8. Because his Honor erred in not allowing the plaintiff interest on the amount found due to bim from the date of filing the decree up to the date fixed for the sale of the real estate. "The facts in this case are in no respect materially different from those in the case of the Equitable Building and Loan Association V6. Vance, 49 S. C., 402, except that one of the bonds hereio contained the following provision : 'It is further understood and agreed that ? this obligation is a Georgia con? tract and in all respects subject to and governed by the laws of Geor- I gia ' ? I '.That case is decisive of all the j questions raised by the exceptions j except-the fifth and eighth "We do not wish to be under? stood, however, as assenting to the doctrine that if the contracts were to be construed with reference to the j laws of South Carolina, instead of j Georgia, they would not be usurious "The fifth exception will now be considered. The bonds provide for ; the payment of attorneys* fees of 10 j per cent, and as the contracts are held not to be usurious it follows that there was error* in not allowing such fees. "We next consider the .eighth ex? c?ption. This exception seems to have been, taken under a misappre hen6ion as to the effect of the judg? ment of foreclosure, as we fail to find where his Honor decided that the plaintiff was not entitled to in? terest from the date of the decree up to the time, fixed for the sale of the property. "It is the judgment of this Court that the judgment of the Circuit Court be modified so as tb conform to the views herein announced. ''-News and Courier. The National Educational association bas decided io favor of reformed spell? ing to the extent of 12 words, and ' io the reports of the pro? ceedings of the association hereafter the simpii?ed spellings will be employ? ed. The department of superintend? ence of the association voted to submit the selection of the amended spellings to ? committee of three,-of which Dr. William T. Harris, .United States Commissioner of Education, was chair? man, and the committee decided on ?be following list of words : Tho (though) ; oaialog- (catalogue) ; pro? gram.-(programme) ; decalog-(de salogue) ; tborje-^thorough); thorofare -(thorough-fare) ; thru-(through) turnout-(throughout); prolog-(pro log-(prologue); demagog-(derna gogue); pedagog-(pedagogue). mmui ll -i - SOUTH CAN MAKE STEEL. To Protect the Warships of the Nation if Permitted. Nashville, Tenn.. Sept. 7.-General. Manager A. M. Shook of the Tennes? see Coal, Iron, and Steel Company; Congressman Gaines of this 'city, and Congressman Livingston of Georgia, will go before the naval armor plate commissioa in a few days to urge the examination of the armor plate mak? ing facilities of the South. Col. Shook io an interview said that bis company stands ready to denver steel plate at any' Atlantic seaboard port at a less cost than can be done by any company in the 'United States. He also said the iron made by bis com? pany was well adapted to making armor plate, for Carnegie used it is a mixture in manufacturing plates. Col. Shook claimed that the capacity of the blast furnaces at Birmingham is more than sufficient to supply all demands for plate. LONGSTREET MARRIES. The ! Confederate General Takes Unto Him a Young Wife. Atlanta, Sept. 8 - Gen James Longstreet, major general in the Con? federate srmy, former United minister minister to Torkey and prospective commissioner of railroads to succeed Gen. Wade Hampton, was married at the executive mansion on Peachtree street at 3.30 o'clock this afternoon to Miss Ellen Dortsch, ? assistant librarian of the State of Georgia. Governor and Mrs. Atkinson had issued a limited number of invitations to State officials and intimate friends of the bride and groom. Tbese formed a distinguished party which filled the blue room of the mansion, where the ceremony was per? formed The Rev. Schadoweli of the Church of the Immaculate Conception | officiated. Judge J. B. Gaston, mayor j of Gainesville, Gen Longstreet's I home, was best man, and the bride en- j tered on the aj-m of Governor Atkin- ! soo. who gave her away, in the ab- J sence of her brother, who is in Tezas ? Gen. and Mrs. Longstreet will spend j two weeks at Porter. Springs, Ga., j after which they will return to Atlanta, where Mrs. Longstreet will resume her duties as assistant librarian. It is un- | derstood that she will not retire from ' the Yace for the librarianship, which : she eotered several months ago. A strikiog concideDce was supplied in the fact that to-day is the anniver- ; sary of tbe battle of Molina del Rey, i io Mexico, where Gen. Longstreet woo his title as major. II-i ???- ~***mm~ A Ware county farmer who claiored j that he was unable to spend a dollar for a year's subscription to his county ; paper, sent that amount down east for i a recipe to stop a horse from slobber? ing. He got it, and it is: "Teach him to spit.*'-Macon News. The Formal Announcement Made by Japan. King of the Belgians-Pro-j posed as the Sole Referee of Differences With Hawaii. Washington, Sept. 7.-The full test of the formal acceptance by thc Japao ese government of the proposal to arbi? trate its differences with Hawaii has beeo received io this city and a copy was to day delivered to Secretary Sher? man by the secretary of the Japanese legation. Mr. Matsui It is from Count Osama, minister of foreign affairs, to Shi m ac? ra, Japanese m i D ister to Hawaii. After acknowledging the receipt of Hawaiis offer of arbitration, it says : "The imperial government are firm? ly convinced that , their complaints io this matter are welf founded and that their demands are just sod reasonable. Nevertheless, in a spirit of conciliation and in the hope that their action may contribute to the good relations of the two countries, they have resolved to accept, subject to certain necessary limitations and qualifications, the pro? posal of the government of Hawaii. Accordingly, on the 28th ultimo, I telegraphed to you to the effect that the Japanese government accepted in prin? ciple, the suggestion of the government of Hawaii for arbitration and that the terms and condition of such acceptance would follow by mail, I now confirm that telegram and the object of this in? struction is to explain the nature of the terms and conditions, an adhesion to which ia, in the estimation of the gov? ernment, essential to the satisfactory issue of the contemplated arbitration. The reason assigned by the minister of foreign affairs of Hawaii in favor of arbitration makes it also desirable that the award when pronounced shall be of the highest and most commanding character. Consequently the imperial government propose that the two gov? ernments shall, when the proper Mme arrives, unite in requesting that his majesty, the King of the Belgians, may be pleased to accept the positioo of sole arbitrator. The imperial govern? ment are, moreover, persuaded of the desirability of expressly defining the seope of the reference, not only in or? der to lighten the labors of the arbitra? tor but with the views as well with the decision may address itself solely to the actual points of divergence. We, therefore, propose that the governments shall agree to the essential facts of the case and that the arbitration sh ail be limited to specified questions at law and in the case the award is in favor of Japan the measure of damages suffered by the subjects of his imperial majes? ty. It is due to frankness that I should, in this connection, state tbat for reasons which are fully set forth in another instruction, the imperial government cannot consent that the question of the bona fide posses? sion of $50 by each of the rejected free laborers or of the applicability of the treaty of 1871 to the Japanese subjects other than those belonging to the mer? chants class, shall be regarded as points of issue upon which the decision of the arbitrator is to be invited. If the government of the republic are prepared to ment the imperial government upon the foregoing essen? tial points it is oot apprehended that any diffoulty will be experienced io ar? riving at an understanding in reference to questions of minor importance. You are consequently directed to com muoioate a cogy of this instruction to ?he minister of foreign affairs as a reply from the imperial government to Sis note of January 28 : You, at the same time, will urgently impress upon him the importance from every point of view, of an immediate respoo6e. I am sir, etc.. Count Okuma Shibenobu, Minister for Foreign Affairs. MACKEY IN WASHING? TON. The Judge Opposing Appoint? ment of Colored Postmas ters. Washiugton.Sept. 7.-Judge Thomas J. Mackey, late of South Carolina, but now practicing law io New York, is here, and will use his utmost endeavors to prevent, the appointment of negro postmasters io his native state. In this Senator McLaurin is co-operating with him The judge is moved to this not only for the good of South Caro? lina, but for that of the republican pirty.of which he is a zealous adherent. -Columbia Register. The theatre hat is a perplexing prob? lem io many cities. In Charleston the ladie3 bless them for the example-have eliminated it and solved the problem for that city by voluntarily removing the h. b's when they take their seats in the show bouses, and give the people be bicd them a show to see the show. 1 Past Trains Crash Head long Together. LOCOMOTIVES EXPLODE Making H0I9 in Which Cars Sink-Dozens Killed and Wounded. W. J. BRYAN'S NOBLE WORK. Kansas City, Mo , Sept. 8 -A spe iial to The Time6 from Emporia, Kas., ?aye : ? (J?e of the worst wrecks in the ?istory of the Santa Fe railroad oe jarred three miles east of here at ibout T o'clock to-night Twelve or ifteen persons were killed and as nany more badly hurt. The fast nail train going east and the Mexi ;o and California express boand west, jollided head on. The Mexico and California express was pulied by two oconiotives. and when they struck he engine drawing the fast mail, the >oiler8 of all three engines exploded md tore a hole in the ground so deep hat the smoking car of the west >ound train ran on top of the three mgines and two mail cars and bal inc?d there, without turning over. The passengers in the smoking car escaped through the windows. The ront end of this car was enveloped n a volume of stifling smoke and ?team, boiling up from the wreck >elow and the rear door was jammed ight in the wreck of the car behind. The wreck caught fire from the en? gines. The cars in the hole and the imoker burned to ashes in a short ime. In climbing out of the smok ng car several men fell through the ifts into the wreck below, and it is mpos8ible to tell whether they es ;aped or were burned to death. The westbound train carried seven >r eight coaches, and its passengers, ncluded macy excursionists, who md been to hear Hon. W J. Bryan ipeak at the county fair at Burlin? game. Mr. Bryan himself was on he train, bat was riding in the rear -'ullman, some 400 feet from the cars vhich were wrecked. He states that lothing but a heavy jolt was experi mced by the passengers in his coach. Mr. Bryan was one of ?he noblest nen in the crowd of rescuers. He lelped to carry out the dead and mounded and gave the greatest atten ;ion to their care. One poor fellow, vho was badly maimed, called to Mr Bryan and said : "I went to hear you to-day, I am low dying and want to shake your jand and say God bless you If you joesibly can, Mr. Bryan, get me a i rink of water." Mr. Bryan went into the fast mail sar, one end of which was burning, ind came out with the water, which iie gave to the suffering passenger. Be brought out cushions for others rf the injured, and was everywhere present to administer to the wants of the suffering. It is feared that nearly all of the seven mail clerks perished in the dis? aster, but so far only eight bodies bave been taken from the wreck. Ben Walters, the St. Joseph, Mo., fireman on the westbouud train, is missing. The engineer of the westbound train had received orders to meet the fast mail at Emporia, and was mak? ing up lost time. These two are the fastest trains on the Santa Fe system, and the westbound train must have been running at a speed of at least forty miles an hour. The westbound express was going around a slight cutve. and met the fast mail, proba? bly within two hundred feet. Of the seven or eight cars making up the Mexico and California express, only the mail, baggage and express and smoking ?cars were destroyed The coach following the smoker was bad? ly splintered. There we:*? n< more than a dozen passenger Tast mail, all in one coach, and Wn..o none of them were seriously injured, their shaking up was terrible. Every seat in the coach was torn from the floor, and many floor planks came up with t\. seats. One man, John Sweeney, was thrown over three seats and through a window, but escaped with only scratches and bruises It is stated that the wreck was caused by a miscarriage of orders from the trainmaster. At Emporia the eastbound fast mail train received orders to pass the California express at Land, seven miles east Another order was sent to Land for the Cali? fornia express to take the siding there, but this order was not deliver- ! ed, and the westbound train passed j on, the trainmen expecting to pass ? the fast mail at Emporia Emporia, Ivas , Sept. 9.-Twelve known dead, one missing (probably j incinerated) and fourteen injured, j two of whom will likely die, is the j record of the terrible head end col- j lision on the Santa Fe railroad as j known to-night. The lists were mixed because of the confusion at? tending the wreck Even to night lYis not positively known that the list given is complete, as it is believed that several were burned to death and nothing was left by which they coulrl be recognized. The bodies of eleven have been found in the de bris, three burned beyond recognition. William Frisbee, of Topeka, engineer of the eastbound fast mail, who was last night reported among the injured, expired during ihe day, and Michael McGlade aod R A. Doran, postal clerks, were found to have been wrongly placed in the list of injured. Nothing could be found of the re mains of the Wells Fargo express messenger, J. F. 0 Sauer. A hand? ful of charred bones taken from the wreck, however are supposed to be his. Near them was found his watch. WORK OF HUMAN" GHOULS. Human ghouls delved in the wreck? age and plundered the mail sacks which were strewn on the ground. One tried to snatch a diamond from the breast of a Emporia, doctor who, weak and nervous, was creeping slowly out of the wreck He had strength enough left to hit the brute a blow in the face, which made him tum with a course and sneak away. Mail sacks were dragged into the cornfield and riffed. The report at the Kansas City of? fice is that practically all of the mail on both of the wrecked Santa Fe trains *?as destroyed. One pouch, however, ?from Southern California,, on the westbound train No. 1, is said to have been saved This train, when it arrived, carried a large mail from New York city to California. Colorado, New Mexico and Arizona. No official report has been received here. The Awful Burden. Immense Sum of $140,477,639 Paid in Pensions. Washington, Sept. 9.-The annual report of the auditor of the ioterior de? partment shows that the amount paid for pensions during the last year was $140,477,639. The payments on pen? sions accouot for the fiscal year 1896 was $138.722,127, and for the year 1895, $140,558,641 ; 1894, $137. 119,551, and for 1893, ?154,552,214. The cost of the service lagt year was $3 99 per $1,1)00 ; for 1896, ?4.07 ; for 1895, $4 00 ; for 1894. $3 77; and for 1893, ?3.35 Furmans President. PROP. A. IP. MONTAGUE OP COLUMBIAN UNI? VERSITY. Prof Andrew P. Montague was elected president Tof Furman univer? sity at a meeting of the board of trustees held in the First Baptist church in this city yesterday after? noon. Of the board, Col. Jas,. H. Hoyt, Judge Hudson, Dr. A. J. S Thomas of Greenville, the Rev. D W. Key of Greenville, C. C. Brown of Sumter, CK. Henderson of Aiken, J. P. Parrott of Clinton, A. B Wood ruff of Woodruff, H R. Moseley of Florence. H P McGee of Due West, and Dr. Ramsey of Charleston, were present. After the meeting: was called to order, the Rev. Mr. Key, for the com? mittee appointed to secure a presi? dent for Forman, reported that they had agreed on Prof. Andrew P. Montague as a suitable man. This report of the committee was adopted unanimously. Proxies of members of the board unable to be present favored this choice. Dr. Andiew P. Montague is pro? fessor of Latin in the Columbian uni? versity of Washington, D.C.. and is also dean of the faculty. He ia a graduate of the University of Vir? ginia and a Ph. D. of Johns Hopkins. He has been a professor in Colum bian university for a number of years through he is only 43 years of age He is a native of Virginia and his Latin text books have been adopted by the University of Virginia. He is described as a scholarly man of fine personal appearance, an orator of rare powers and a possessor of adminis? trative powers of the first order. His mother was a sister of Dr. Andrew Broadus, a distinguished divine of Caroline county, Va., and Prof Montague is a first cousin of the late Luther Broadus, who for a number of years was pastor of the Baptist church at Newberry. He is a deacon of the First Baptist church of Washington. The board wired Prof. Montague of his election, but has not yet been notified that he will accept, though it lias everv reason to believe he will. -The State Sept 9. Excellent commercial cote paper 15 cents a pound at H. G. Osteen & Co's-two pounds YELLOW FEVER. Dr. Guitera8 Not Satisfied It's Yellow Fever At Ocean . Springs. New Orleans, Sept. 8.-When the board of health met to night Dr. Oli? phant bad 00 additional cases ro report to tbat body as hav? ing occured in New Orleans and wadabie to say that che local situation had vastly improved and that there was no preseot prospects of the evil results following the death of the Gelpi child. The public pulse here is vastly strong? er and New Orleans is almost ready to declare that it had a scare for nothing. Dr. Oliphant and bis stat? have slept but little in the past 76 hours and have fairly honeycombed the city fer suspi? cious cases of . fever, without result. * ?peep interest has naturally been felt here in the outcome of thc examina? tion of Dr. Guiteras, who arrived at Ocean Springs this morning. Under instruction from tbe superintendent of the Louisville and Nashville railroad Dr. Guiteras was put off in the woods a couple of miles from Ocean Springs. It was not long thereafter before the doctor ran up agai&sfc the 'quar? antine trocha, and the distinguished visitor* .had to fully establish his identity before he was permitted to run -tbe line. On his arrival in Ocean Springs, Dr. Guiteras went im? mediately to work and iovestigated'a number of cases of the prevailing sick? ness. He found only two cases, it is said, that deserve the term doubtful or suspicious, and in answer to an inquiry he said be boped to be able to wire the result of his examination to Washing? ton this evening. In the meantime a correspondent wired to the city that he bad learned from a source that could ont be doubted that Dr. Guiteras after his examination, had not been entirely convinced that any yellow fever has existed or does exist in Ocean Springs? The local physicians are not prepared to say what effect an -opinion by Dr. Gaiteras counter to that expressed by the four experts, who declared the cases they investigated was yellow fever would bave. A thorough caovass of the wards of 0"ean Springs completed this eveniog, S?OWS there have been 748 cases of the prevailing fever since July 8. There are now 37 still sick. The total deaths have been nioe, and in several instances physicians' certificates show the fever was complicated with other diseases. There are believed to have been only two deaths due to yel? low jack. At the* suggestion of Dr. Grant, every house where lhere has been sickness or there is now, is beiDg fumigated. SITUATION AT BILOXf. Biloxi people are not absolutely con? vinced that the fever there is yellow jack. Dr. Haralscn has so pronounced the cases, but when he has completed bi? investigation at Ocean Springs Dr. Guiteras will be asked to visit Biloxi and determine positively whether or not Dr. Harralsoo has correctly diagnosed the disease. Whatever the fever is it has bad a good effect, for on all hands resi? dents are carrying into effect Mayor Howard's recommendation to put their homes in proper sanitary condition and to abstain from congregating anywhere in crowds This momios the three patients at Biloxi were doing well, aod it was thought they would recover. Their homes have been completelyJsolated and] thoroughly disinreoted. Some 750 people were brought to New Orleans by the morning trains from the coast. There were very few passengers on the evening trains, and - both Pass Christia aod Bay St. Louis have been depopulated so far as sum? mer visitors are coocerned. Cinco, the 5 cent straight Havana Ciger[|( or e&ie by B. G. Os:een & Co. BUCKLEN'S ARNICA 3 AL VE. The best Salve ia the world for Cuts Braises, Sons, Ulcer?, Salt Rheurs, Fever Sore, Tetter, Chapped Hands, Chilblains, Corns and all Skin Eruptions, and positively cure* Pilot or no pay required, it is guaranteed to? give perfect -?tisraeti?n, or money refunded, priao 25 cent? per box. For sale by Dr J. F . W. D^Lorme. Royal makes the food pure, t wholesome and delicious. I mmm I i Absolutely Puro ' ROYAL EAKINS POWDER CO., NEW YORK.