Historical Newspapers of South Carolina

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? " L ? f ?? ' YOL.I XLYIII. WINNSBORO, S. C? WEDNESDAY, MARCH 21, 1894. NO. 32. | tlT IS A GREAT VICTORY." THE STATE WINS IN THE RAILROAD CASESJn&ieSlnaontoa'sStroue Decision Against the Ksllreads?They Must I*?r Xbeir Taxes and the Cost? Got. Tillman Thinks It Will End the Flrbt. m Columbia, March 15.?The State of MB South Carolina and the present administration have gained a big and c:ecisive victory in the fight with the railroads L for tie payment of taxes as assessed by W the State Board of Equalization. Judge p SimontoD, in a decision rendered at Charleston on Tuesday, the most important portions of which are pu blished ordered that the South Carolina Road n>ko> ia rJno fKa Ssteta and thfl costs of the proceedings. It is conceded that this decision is practically one ;igainst all the roads which have been n sisting the payment, and the State government now looks for the railroads to t>egin to i . settle without further fignting. At is not " thought that any appeal will be taken rto the Supreme Court of the United States. 5 It is not necessary to review l:he protracted fight which has been in progress between the State and the railroads for over two years. It began. I however, by the State Board of Equalization taking tne position tiat the | railroads were not paying taxes in proportion to the amount paid by the avV erage citizen. The returns which the W - roads had made were increased lo what f was adjudged to be about 60 per cent. I of the value of the property. It will be * remembered that the roads ref ased to I pay except on the returns whioh they had made and which they claimed were fair and equitable. A long figh i in the " lint fVia mot+orhaa r.ftV rWUIUJ ICOU11CU) VUW WAV U4MWW4. ^ -V.W ?VI er before come up squarely on its merits. Heretofore all the cases ha ve been on technicalities, and the State has not been wholly successful in thes*. fights. These cases were immaterial to the - main issue, onwhich the adminis tration was confident of winning. Judge Simonton's decision is a thorough knockout and the roads cannot fail to see it in that light. Governor ^ Tillman was in a good humor w hen the ^-< rflnorters saw him vesteraay and asked hhn about the decision of Jddge Simon' ^ ton. "I regard the decision," he said, "as the conclusion of all the railroad r litigation. The case which has been decided was a test case, and rve have won. I have felt confident all the ti me that we would win." When asked as to whether he thought there would be an appeal, ?be said he did not think bo, at least in the case of . v the South Carolina Road. Judge Simonton, he concluded, is the boss of that ' ' road and consequently the boss of Rem ? ceiver Chamberlain, who is a creature J?? n: VW K O ffiTTOr roi i)UUg<9 OIUIUUWU 3 VUU1U nuawiu Judge Simonton orders must be done. rThe other roads, which the decision indirectly affects, inasmuch as the decis; -ion in regard to them will be the same as the South Carolina Road, tr ay take I an appeal to the Supreme Court. 1 Governor TiUman, however, thiDks that all the roads will pay what they ft owe at once, and avoid any proceedings B which might be taken to forfait thetr bL charters, the last legislature having Hp passed an Act authorizing the forfeit^ ure of the charters of the roads which K~ resist the t>avmeafc of taxes imposed on them by the "State, --v. The total amount dne the ^tate by the roads is about $200,00). This amount is the difference between what the State has all along claimed was due and the amount which the roads have admitted was due. The roads nave every year paid the amount they admitted to be due. State Treasurer Bates will not have to borrow money for some time to meet the claims agaick the State. f' The title of the case decide! t y Judge ' Simonton was D. H. Cham b? lain, receiver of the South Carolina Bail way Company, against George H. Walter, County Treasurer of Charleston, and Hush FergusoD, Sheriff cf the same . county. The complaint sets forth that the? road had been returned at $13,000 per mile and that the State Board raised this to $16,000 per mile, also raising the returns of the Three C's Road from $5,000 to $10,000 per mile. The bill alleges that this assessment is unjust, in asmuch as it is above the assessment made on the average real and personal property thronghout the Stf:te, and that the State Boaid of Equalization violated the Constitution of the State, ' which nrovldes that all property shall be taxed in proportion to its value. The bill farther charges that the set of the board in raisins: the assessment is itself null and void, and the assessment 1b illegal because this is cot wi thin the powers of the board. i *' The attorneys for the railroad were . Brawley & Barnwell and Mitchell & - Smith, and for the State Attorney Gen-' eral Buchanan, Ira B. Jones &nd Samy uel Lord. Judge Simonton's decision is as follows: It is well at the threshold to define the limit of the power of this court oyer the subject matter of thin suit It ?ooocatmdnf mor?o Kr wiuhut ttylow tuu ijuwuv vjr the State officials simply upon the ground that it is excessive. (Starling vs. the Supervisors, 121U. S., 549. Nor can it make a new assessment or direct another to be made. (State Railroad LTax Cases, 92 U. S, 615.) Nor can it interfere upon the ground that the tax is illegal. (Williams vs. Albany Co., 122 U. S., 154; Legon vs. Alley, 130 U. S 177.) Nor can it interfere because the court would prefer and would have adopted a different system. (W. U. Tel. Co. vs. Massachusetts, 125 U". S., 553; Davenport National Bank vs. Supervisors, 123 U. 5., S3.) "So long as a State, by its laws prescribing the mode and subject of taxation, does not intrench upon the legitimate authority > of the Union or violate any right recognized or secured by the Constitution of the United States thf; Federal | Courts, as between the State and the citizen, can afford the latter no relief | against State taxation ho wevar uo j ust, M nnorAHQ it mau hp F Uy]>lCOOU7 V? vjjlwa Wvaw ?v ?-v. \ (kirkiand va. Hotchkiss, 100 XJ. S-, 491 ; Memphis Gas Light Co. ys. Saelby Co., 109U!s.,308.) All these are questions for the State alone and are within Its police power. Bat when th<3 overvaluation of property assessed for taxa: tionhas arisen from the adoption of a ' rule of appraisement which conflicts with a constitutional or ste tutoi y direction, and operates unequally, not merely on a single individual, but on a large class of individuals or corpora tions the courts can give redness to the party aggrieved thereby. (Stanley vs. Supervisors, 121 U. S\ 551) It is put clearly and tersely in uua mines vs. Nattonal Bank, 101U. S., 187: "When* a rule or system of valuation is adopt-ed by those whose daty it Is to make the assessment which is deigned to operate unequally and in violate a fundamental principle of the Constitution and when this rule is applied not solely to one Individual, but to a iarge class of individuals or corporations." We see that there is an. essential in greoienc. xnose wnose aucy it is iu 1 make the assessment must; adopt a rule I or system of valuation with the design j that it shall operate equally and vio-1 \ V late some fundamental principle of the Constitution. What is the rale or system of taxation adopted by the Board of Equalization for railroads? The General Assembly of ?outh Carolina are instructed by the Constitution to prescribe such regulations as will secure a just valuation for taxation of all property under a uniform and equal -rate of as sessment and taxation. (Article 9, Section 1.) The Act passed pursuant Thereto provides that <;A11 property shall be valued for taxation at i?s true value in money, which in all cases not otherwise especially provided for by law shall be as follows, to wit: For personal property, tbe usual selling price on the usual terms of similar property at administrator's or executor's sales at the place where the return is made, and for real property the usual selling price on the usual terms of similar property at sales for partition under the order of court at the place where the return is made. If there be no selling price then what is honestly believed could be obtained for the same at a fair sale under the conditions before mentioned?" (General Statutes of South Carolina, Section 219/> Aoart from the consideration that even if the assessment fixed by this board on the property of complainant is excessive this court cannot interfere. (Stanley vs. the Supervisors, supra.) There i3 no reason to think thai the board do not in the language of the Act "honestly believe that the value fixed by them on this property is its selling price at a fair sale." Indeed this last conclusion is not denied. The complainant avers that the property was returned by him at 60 or 65 per cent, of its real value in his estimation. And we can presume that when it was raised by the board they acted under the statute. The ground for complaint is that by uniform and notorious practice other real and personal property i3 assessed for taxation at abont 50 to t>0 percent, of its value notwithstanding tbe Act of Assembly, and that this action of the Board of. Equalization for railroads, departing from this practice in the case of railroad property jvas with the desigD," intent and purpose of pnttiBg the burden of tax alone on railroads and not in order to carry out tbe provision of the Act of Assembly. Evidence of this design is deduced from the course pursued with regara tootner property in the State, and the practice prevailing of assessing such property below its real value in money, a practice well known to this board and departed, from by them in assessing the-property of railroads. In South Carolina the general mode of assessing property for taxation is as follows: Each county in the State is divided into tax districts, small territorial sub-divisions, for the sake of convenience. The Couatv Auditor appoints for each tax district three freeholders resident therein as a board of asssessors. They meet, organize, elect a chairman and proceed to assess for taxation all the real and personal property in their tax district. This assessment is sent to the County Auditor, by whom it js submitted to the County JBoard of .Equalization, wmcn consists of ail the chairmen of the tax district boards. This county board meets at the office of the Auditor and examines the returns of all the tax district boards. If any property, rettf or personal, has been returned below its twe value they raise the assessment. If above such value they decrease it. They cannot reduce the aggregate below the aggregate of ali the returns of the tax district boards. The chairmen of the county boards constitute the State Board of Equalization. It in turn reviews the action of all the county boards. It has the same power as to increasing or diminishing values that the county boards have. The Auditors of the counties act as clerks of the county boards, and the Comptroller General attends upon the State board. "With regard to railroad property an entirely different method prevails. The president and secretary of each company is required annually to make returns to ihe Comptroller General of the railroad property and its value. These returns are submitted by the Comptroller General for consideration and action to a board consisting of State officers, the Attorney General.the Comptroller General, the Secretary of Oofa art/4 tho Tpaoaiirsr Thpir UUU UUV k/UMW duties are to "equalize the value of the property of railroad companies by increasing the value of the roads and property of such company as shall in their judgment have been returned at too low a" valuation and diminishing the value of such as may have been returned at too high a valuation." General Statutes, Section 186. The term here used is "equalize." But as there is no aggregate to be maintained as in the case of county taxes, this word must be used witti reference to the language of the Constitution and must be construed to mean to secure equality. This board is entirely distinct in personnel and otherwise from the other boards above referred to. A mas3 of testimony has been taken and has been filed with the record with respect to the mode and practice of assessment by the tax district ana county boards. It would consume too much time to go into tbis detail. The result shows that for a long period of time, up to recent date, and perhaps up to this time, tbe pro-visions of tbe Act of Assembly have not been regarded and roal and personal property have been assessed for taxation below the real value in money. But nowhere does it appear in the testimony that tbis is the result of preconcert, connivance or conspiracy between and amonjj the boards, such as appears in Cummmgs vs. National Bank, supra. There is evdence of coincidence in opinion and action o.:: concurrence in methods and in genend result-, but none whatever, that is of direct evidence, of preconcert in action. Such concert of action may possibly be inferred from similarity in the result, but the evidence shows that although the boards all assessed real and personal property below its real value in money the course of the several boards was capricious, without fixed method or percentage. Although the average of valuation was below the value in money in all the counties ' - ? concerning wnicn lesumuuy was uncied, in some of the counties parcels of land were assessed some above and some below their true value in money, notably in Richland County. But is this coincidence of action and result on the part of tax district and county boards conclusive evidence of design to put the burden of taxation on railroad companies? Is it susceptible of other explanation ? It would seem that it Is the result of a vice in the system nf asspssment. The tax district boards make the first assessment. By law they must be freeholders resident in the tax district. They have a direct personal interest in a low assessment,and their environment induces them to make it. Whe^i men deal with the interest of the government and of the citizen all doubts are solved in favor of tbe citizen. This must be said, however, in explanation and perhaps in justification of tbe action of these boards. In an egricultural community, and in one dependent upon the well being of the agriculturists, It is impossible to fix tlie value of lands. A succession or i bad crops will make land unsalable.1 One good crop will create a demand and a selling: price. So what land may bring if sold depends not on its Intrinsic value so much "as on the circumstances under which it is sold. Taxes must be paid without regard to seasons or crops. Hence the average valuation designated to cover a period of five years. "If there bs no preponderance of evidence showing design on the part of the tax district ind county assessors to throw the burden on the railroads, is there any evidence from which such design can be inferred on the part of this board of equalization for railroads? The Comptroller General, one of this board and from his official duties and experience the leading member of the board, probably deducting and controlling its action in his official report to the Legislature in 1891, calls the attention of that body to the low rate of assessment of much of the property in the State and urges legislation to correct the evil. And when we consider the independent action of this board under a statute imperatively requiring them in making assessment to .take as a standard the true value of the property in mon ey, and also consider the admission of the bill, that the return was about 6? per cent, of the real value, S13.000 per miie, and that the increase to $16,000, making it about 80 per cent., we cannot hold that this increase in assessment is so excessive and UDjast as necessarily to indisate the design and motive charged. Another objection to tbe action of the board of equalization for railroads is that notwithstanding the fact that a large part of the. property of railroad companies is land, they are assessed annually. The State Constitution directs that lands shall he assessed every five years, and this practice is observed with respect to all lands except those of railroad companies. This indicates design to oppress railroad companies, and at all events violates the fourteenth amendment. The Constitution of South Carolina (Article 9, Section 1,) directs the General Assembly to "provide by law for a uniform and equal rate of assesment and taxation." It gives the General Assembly full discretion "to prescribe such regulations as shall secure a just valuation for taxation of all property." The General AaaomhlTr nhovpri thfl direction bv re quireing all properlty to be assessed at its true value in money. Exercising its discretion it prescibe a set of regulations, which, in its judgement, secured a just valuation of railread property for taxation. A railroad is a unit, every part contributing to its purposes as a wbole. If it be a corporation its cor- 1 porate purpose is the maintaining a ?'zl J - ? J nf fKio rauru&u auu <&u auu cvoij paiu ui property must contribute to this purpose. Its right of eminent domain is i limited to this purpose. This unit is made up of lands, personal property, choses in action, easements, all dependent upon and inseparable from each other, deviding their value from this inseparability, from the fact that they ( contribute to this unit. They differ from every other species of property, and the discrimination made as between them and other corporations and 1 individuals in the mothods and instru- 1 mentality by which the value of their 1 property 13 ascertained is not invalid. : (Kentucky Railroad Tax Cases, 115 U. < S., 337: S>ate Railroad Tax, Cases, 92 i U S.. 611.") The mode prescribed by < the Legislature of. this.State is to gee < at the value of the plant, that is ofair , these elements going to make up the ] railroad, and to ascartain what their , combined contributions making: up this unit are worth. If they separated j the component parts and attempted to fix separate values upon them they ' would eDter into an impossible task. 1 The value ef the lands of a railroad de- 1 peDd much on the character and 'com- ' pleteness of its rolling stock. The util- < ity and consequent value of the rolling stock depend largely upon the facilities i at stations and at termini, the amount 1 location and character of the land used ! therefor. i After careful consideration there ap- ] pears no evidence of such a design as , will alone give this court jurisdiction. Let an order be taken authorizing , and instructing the receiver of South Carolina Railway Company to pay from the funds in his hands as such received the remainder of the tax unpaid and the costs of these proceedings 1 Cahrles H. Simonton , - . -A 1*. MarCQ JL<5, 1W3. Viruuiu o uuge. i The Murderers Sees. Columbia, S. C., March 12.?The ! thread of circumstances woven around ; Andrews, Weeks aDd McCloud as the murderers of Mr.Garden grow thicker. Two gentlemen who arrived from Eas* 1 tover this afternoon report that the ' three men were seen at the mouth of i the Wateree river this morning paddle- . ing down it in a boat. They were pul- i ltDff for all they were worth. A gov- , ernment snag boat is at the mouth of ; the river, and the people employed on , it had not yet heard of the murder. They met one of a party searching for ( the murderers,who asked hadthey seen ' three men passing that way. The re- 1 ply was that three men had been seen 1 in'a boat, and the description of them tallied exactly with that of Andrews Wpeks and McCloud. As soon as pos sible word was sent to Eastover, and < the searching parties mapped out a line of procedure. Mr. Frank WestoD, , Mr. Crousee and three or four others , immediately went to Sumter, where , they were to take the Charleston, Sumter and Northern for Vance's near ; the Santee bridge, for the purposs of overtaking them. Another party composed of twelve or fifteen men went on horseback on either side of the river, and were to ride down and make a thorough search all along the banks and surrounding country. That these three suspected men should thus be seen together seems to be almost positive proof that they are the parties wanted. The cbances for 'their capture appeared good, as it is hardly possible that they can escape tfce posse on both sides of the river and that at the bridge. Unless something unforeseen happens, John Gayden's murderers will be captured today or this week, at the outside. When they are, it is a question whether they will be brought back to WedgeQeld. It is hpliftvpri f.hat. whatever caught thev will be hung or shot oq the spot. The character of the crowd precludes any such action. They will weigh the tesstimony and acc accordingly. Joined El* Victim. Washington, Maich 15.?Francis Edwin Brownel!, who was a private in Eilwcrlh's Fire Zouaves of Xev York, and who billed CjI. Jackson, the proprietor ot the Marshall House in Alexandria, ?i\er Jackson bad shot and killed Col. Ellsworth, who hauled down the Confederate flair which was doalin? over ihe Mashall House the day sf.er the ordinance of scces?ioa passed, died here this mornios. Drank Acuta? Koanokev Va, March 15.?Col. John Hampt)n Hoge, late, consul to Amoy, Chiaa, but who got no further than San Francieco, from which place he was recalled by President Cleveland, has renounced bi3 allegiance to the democratic party, and appeared be Ore the Republican city committee last aight and tendered his services to that party. TELLER SKINS SHERMAN, THE OHIO SENATOR ACCUSED OF TELLING UNTRUTHS. The Colorado Senator Pitches lato the Leader of the Goldbacsjand Dreeaea Him Down Neat'y and Thoroughly?Bland BUI Will be Passed To-day. Washington, March 14.?After the routine morning business, the Senate at 12:30 resumed consideration of the Bland bill. Dolph (Rep.) of Oregon stated that as objection had been withdrawn to the printing of the extracts which he had referred to in his speech yesterday, he would considerfthat speech as ended. Then Teller (Rep.) of Colorado addressed the Senate in support of the bill. He denied the assumptioa of Sherman and of otber Senators wtio aaa ars^iea asainst the bill, that the Act of 1890 lett the coinage of silver to the discretion of the Secretary of the Treasury, and he declared that the Act was mandatory and that under it the Secretary should coin as many silver dollars aa he had issued Treasury notes. If $155,000,000 ot Treasury notes had been issued, then 155,000,000 of silver dollars should be corned for the redemption of ihb Treasury notes. He claimed that the difference between the purchase nri^!? <->f thft Rilvftr hullioi and its mint value should be put into money and used f:r current expenses?because the Act declared that the seigniorage should be turned into the Treasury, and be also argued that the proper execution of the la w required that there should be for every dollar of Treasury notes a silver dollar lying in the Treasury ready to be paid out to the man who demanded it in exchange for Treasury notes. . There were one or two other points in Sherman's speech which be desired to contradict. Oae of them was the statement that there was a board of 364,000,000 of Bilver dollars lying idle in the Treasury. "There is no hoard of that kind in the Treasury," Teller asserted with empahsis. "The statement is an untruth. Sbermao spoKe of it as an idle hoard. There is no idle money in the Treasury of the United States. There has been no icDe silver money in the Treasury, except that which lies behind the Treasury notes, to the extent of $35,000,000. The statement made here by a member of the Committee on Finance (Mr. Sherman) aEd sent broadcast to the world that we have'a hoard of $364,OOO,OO0.pf idle silver money in the Treasury is uriwofth?| a place in this Senate. It is absolutely untrne, and is known to be untrue by every member of this body. a nd vet that is the kind of food that if fed to the people by those who put this , country on the gold standard; and who < are not satisfied wiih having destroyed Lhe industries of the country, but are i aow attempting^) disgrace bs as Sena- \ tors by showing that we are supporting a ;bill infamous in its character, and by misrepresenting the facta to the people 1 3f the world. This debate has been ca03t untair, as debate has,,alway8 been '' ^n the pait of the men who advocate the mid standard. It has been unfair in J many respects." "Tri8 unfair, or else it lacks in intelligence; and frequently it is , 10fair and lacks in intelligence also, \ Every dollar of silver money that has < seen coined is doing money daty and is ioing it with infinitely more potency ] md power than any gold money that is i ;n circulatien in the United States. A j1 more unfair and untruthful statement 1 jcu'd not have been made." ( Teller said that be would not consider 1 it a very great disaster il the country were od a silver basis. It was on a gold basis now and the condition of the country was not a happy oue and it was a aotorious fact that countries which used silver as standard money only were in i better condition than the United States ; was in. This was the only country in ! the world. Teller said, whose legisla- ; tors depreciated its money. Why was it j that France could doat eight or nine hun- , cired millions of silver monej? It was because no Frenchman ever dared to j stand up in a legislative body.in that country and declare that the money of ; country was not good money. It was ! left :for this country along? to have its legislative members to repudiate the < government money. Since 1878 there 1 had? been a "continued attempt by the Treasury Department to depreciate the ! silver money of the country. AU the great commercial and banking agencies oi the country, led or supported by the ' sreat metropolitan press, had been endeavoring to make the people believe that silver was unfit tor money and it wnnln not discharge monev duty. The Senators from Ohio, Wisconsin and Oregon (Sherman, Vilas and Dolph) had told the Senate that the American ail- : ver dollar was a forty-five cent, dollar. "Bat." Teller asked, "has It any where failed to buy one hundred cents wortn of anything which anybody has to sell? It i3 true that measured in gold it will only bring 45 cents, bat measured in coirmodnies it will buy sixty per cent, more of wheat, of corn and of cotton J than it did in 1872. It is a dollar which , is as good as gold." George (Dam ) of Mississippi argued in support ot the bill, although he admitted that it was "artificially drawn, i Inapt in expression and with some am- < Diguuy in 11. It was not, he said, a feee coinage measure. He wished that it were, if there was any chance of its becoming law. The bill proposed only to require in specific terms the coinage of silver already pu.chased, already owned by the government and already ic quired by law to be coined. While Geo.ge was still speaking, the hour of 2 o'clock arrived, and then Harris (Dem) of renneasea rose and demanded in accordance with the terms of unanimous consent, that the vote be taken on Mr. Allison's mouoa iu reuuusider the vote ordering the bill to third reading. The vote was taken and the motion was disagreed to?yeas 28, nay* 45, as fallows: Yeas?Aldncb, Allison, Brlce, Caffery, (Jarey, Chandler, Cullom, Davis, Dolpb, Frye, Gallmser, Hale, Hawley, Hoar, Lodge, McMillin, MacPnerson, Manderson, Mitchell of Wisconsin, Morrill, Pilner, Pt-occor, Quay, Smith. Stcckbridge, VHas. Washburn, Wilson? 28. ]^ays?Allen. Bate, Berry, Blackburn; Blancbard, Butler, Call, Camden, CocSrell, Coke, Colquitt, Daniel, Dubois, Faulkner, Gibson, Gordon, Hansbrou^h, Harris, HilJ; Iiby, Jones of Arkansas, Kyle, Lindsay, Martin, Mills, Mitchell of Oregon, Morgan, Murphy, Pasco. Peffer. Perkins. Petliarew, Pow er, Pugh,Ransom, Roach, Shonp, Squire, Stewart Teller, Turpie, Vest, Voorhees, White, Wolcotfc?45. The Democratic Senators who voted in the affirmative were: Bnce, Caffery, McPherson, Palmer, Smitb, and Vilas. The Republicans who voted in the nega- , live were: Dal?ois. Hansbrough. Mitchell of Oregon, Pettisrew Power. Sboup, Squire, 8tewart,' Teller and Wolcott. The three Populist Senators, Allen, Kyle and Peffry, voted no. Mandereon (Bep,) of Nebraska then moved to refer the bill to the Committee oa Finance with instructions to ameDd it so as to provide that the silver certificates shallby increased oily ia at iticipa tion or la lieu of the seigniorage. He said that the.- bill bad been characterized e?en by Its friends as crude, rough aud undramatical, aud that the debate had shown that those who understood the English language were at sea as to what the bill meant. Manderaon's motion waa rejected, yeas 27, nays 44. Then it was proposed by Harris to abrogate the agreement that the remainder of the discussion be under the five minute rule. He proposed that the debate be general, a vote to be taken at 2 o'clock tomorrow on the passage ot the bill....Unanimous consent was given and George resumed his argument in support^! the bill. George was followed by Carey (Sep.; of Wyoming, whb argued against the bfll and then at 5.25, after a short executive session, the Senate adjourned. SUICIDE IN ATLANTA. Samuel CbMk't Checkered Career Suddenly Brought to a Tragic Close. Atlanta, March 9.?Samuel Cheek, , a contractor, well known io the city and surrounding country, died at the Grady hospital from the effects of two J>uUet j wounds in the left breast; and those i wounds were inflicted by his own hand. < For a number of years Cheek has ' maintained relations of the most amicable nature with his wife and children not a jar of discord ever marring the domestic felicity of wife and husband each appearing to have perfect confidence in the other, while the sequel shows that, during all these years, in another part of the city, there has lived another woman known as Mrs. Sam Cheek. And this woman has borne him two children. How much longer this daal existence of Sam Cheek would have gone on can only b& conjectured, but for the fact that Cheek became involved in litigation which resulted in a warrant being issued for his arrest; his having to bidci out front the officers, a&d finally in a fit. of desperation, admitting all to his wife and taking his own life. : ? ?* I .me wuuimi wiui wuulu vuec^unu i been living was, when a girl of 16? j some .10 years ago?taken to the home e of Cheek and cared for a long time, she f having no home, and later a permanent t home was second for the girl with c Mrs. Cheek's sister living a few miles \ away from the Cheek homestead, which c was then in a village about 20 miles ~t from Atlanta. c After a stay of nearly a year, the girl -t who had given her name as Bertha t Cross, but whose real name was Blanch. Clayton left her new home and after i visiting the Cheek family, where she c spent a few days, left them, declaring f her intention of returning to her home t ?somewhere in South Carolina. t And here begins the dual life of Sam a Cheek. He had become infatuated l with tneglri; Drougnt her to Atlanta and .set up a second nome. And, not- ( withstanding his family afterward f moted to this city, for years Sam Cheek s to keep up his relations 3 with ttiTfrvrfmnin nin mm j, a breath of suspicion, either in the J breast of his wife, or among those with e whom he came in business contact. t Remorse and reverses, however final- c ly so wrought him up, that he confessed c all and wandered away in the night, a r hunted criminal, and was afterward ( found by his son in an old house in the \ outskirts of the city dying from the self inflicted wounds. I The boy had his father removed to 1 the hospital where he died without re- } gaining coaHcmusuoaa. c DonUe-SetiliK Daniel. Washington, March 14.?I have f just seen a card publisued in the News 1 and courier, from the Hon. D. A. J. 1 Sullivan, 'announcing his withdrawal : from the race in the First Congres3ion- * al District. The publication of this " card, as well as reports that shave been ^ circulated In South Carolina, to the ef- f feet that I promised him to keep Dr. [ Stokes out of the race, and the further 1 fact, tnat some time ago while I was cr at home in Laurnea a report was pub- 1 lishod in the News and Courier that ; 1 had telegraphed for Mr. Sullivan to 1 come to Laurens to get him to run for *j Congress inthe First District, compels 1 me to say that I have had no talk or 1 communication with Mr. Sullivan upon ? this subject since he left Washington ] some time ago. Mr. Stokes was nominated for Congress at Summerville, 2 While Mr. Sullivan was here c and upon learning it, the lafc- c ter annooncedto me and others that J he would not be a candidate. He left \ me fully impressed with that idea, and e do man was more surprised than I was, ? when he announced his intention to c run, which he followed up by frequent visits to, and conferences in, Columbia, ] with which the public must be familiar. f Id reference to the Laurens incident, J I will say that there is not a word of j truth in that report. He came to my j bouse after having telegraphed from ) Charleston, my permission to see me 1 at my home in Laurens, to which I * consented. In conclusion I wish to Bay, and I hope that every honest newspaper that has published these re- 1 porta will do me the jus9ice to publish ' this letter, that I never promised Mr. Sullivan or any one else to keep Mr. 1 Stokes from running ?t any time, or ' asked, encouraged or advised Mr. Sul- 1 livan to run for Congress in that Con- ( crressional District. J. L. M. irby. j F?u Not the Guillotine. . < Paris, March 15.?At 2.30 o'clock this i afternoon a bomb exploded just inside ' the main door of the church of the i Madeleine. One person, supposed to ] be the author of tbe explosion, was killed and several others were wound- I ed. The explosion which was evident- ] lv zirematnre. mutilated in a horrible i manner the man who was carrying the < bomb. It is generally believed that it ? wai the intention of the miscreant to throw the bomb into the midst of the worshippers, who were gathering for the afterhoon service. Four persons have been taken into custody on suspicion of being accessories of the man who was killed The police had the greatest difficulty in getting their prisoners to the station, the mob which had gathered making several attempts to seize the prisoners and lynch thecn. The Madeleine, or church of SL Mary ] Magdalene, one of the oldest places oC j worship in Paris, has a large congrega tion and is especially well attended i during the devotions of the lent sea- j son. The afternoon or vesper services i were about to begin and worshippers ] were rapidly filling the edifice when < the explosion occurred. Will Pound Bock. Peoria, 111., March 10.?In the Cir- j cuit Court last night, Charles Wickert, j heavy-weight pugilist, who, on Dacem- ! ber 15, brutally beat John Behrands, | crippling him for life, was found guilty | of assault with intent to kill, and sen- < tenced to fourteen yean in the peniten- j nary. 1 / A ROW IN COLORADO. GOV. WAITE IN DANGER OF BEING LYNCHED. The Pfpnllit Governor"* Stubbornness C?as's the Outbreak? PoJIcs and Militia Attagotlz^d-Uacle Sam to the Resen*. Denver, Col-, Msxch 15.?The political light waged by Governor Waite culminated today iii most exciting scenes and mob violence was imminent many times duriDg the day. Fortunately the common citizen was calm and collected and the prompt action of leading citizens in leaving their business and appearing in solid bodies to beg for time to consider the situation carefully, caused a delay that probably prevented bloodshed, riotincr and the assassination of Governor Waite. In all probability had a shot been fired, a mob would have quickly formed that would have captured the Governor before official assistance could have res-, cued him.' . At 6 o'clock, the in telligence that the Governor had called upon Gen. McCook to preserve the peace, settled all fears of a contest between the militia and the police. "Soapy" Smith's crowd of sports had been sworn in as deputies and they were placed at the hall to await orders. From 2 o'clock until long after dark, a dense mass of humanity was packed in front of the city lall and upon the streets adjacent They cheered and chaffed and joked, yet did not hesitate to express indignation at the situation. On 14th street the fir,it regiment of the Colorado National Guards stood, flanking the Chaffe light artillery, consisting of four Gatling guns, with caissons illed with ammunition. Their position commanded the entire front of the hall and at one time the militia was under notion to attack the hall, when the irrlval of secretary i<oreDz witn a message from the Governor, stayed the attack. This was for half hoar's delay ? permit another conference looking x>ward a peaceful settlement From ;hat time on, until t ie United States ;roops were called out, the most in;ense anxiety prevailed. All sorts of amors floated about- The sheriff Ismed an order to arwat the militia and lake their arms away. A friend of the leposed members of the fire and police )oard went out of the city hall to ap)ly for a warrant to arrest the Goy:rnor. The committee of the lnfluenial citizens were arguing with the ward, with the militia, with the Gov srnor and with the police, bat nothing accomplished. The Governor de:lared he wonld order the militia^skfire. lpon the city hall regardless of *?be :rowds of spectator, and the police >6ard within, aa solidly maintained tyeir position to resis t the attack. The police stood w ith guns in hand eady to charge if necessary, and Chief f-Eolice Stone saicfhe would die beore he would surrender: Meanwhile, >usiness was practically suspended and he crowds gathered 'on every corner ind upon the tops'nf adjacent bulldngs. Soon after 6 o'clock this evening, 3hief of Police Stoae received a tele shone message fro.Ti Gen. McCook, xaUDg mac ne nau ujruweu uuuyu xcuui ?ort Logan to protect the chief and aid a. proaorving nrdnr. Soon after T. MPattersoc, asfcea otraenset^t toe uov rnor, for a commit!,ee of arbitration, mt the city hall people declined the iffer, saying they had made a similar >fEer earlier in the df,y and it had been efused. Then the attorney for the rovemor made a similar request and it ?as also refused. It was not until morning that the >eopIe realized the e.ctent of the troube, and the determimtion of Governor rVaite to have his way regardless of jourts. When they read in the mornng papers that he had ordered out the nilitia" they were loath to believe even hen that any trouble of a serious naure would arise. But as the day passed, the fears of all oegan to rise. As sarly as 9 o'clock the more curious ipectaters began to assemble around he city hall building, and by 11 o'clock jarimer and Fourteenth streets, for a >lock in each direction, were literally lacked. Ac 10 o'clock two wagon loads >f breech loading shot guns and amnunitioa were unloaded at police headmarters in the city hall. The depart nent was now equipped with a shot jun and two forty-five Colt's revolvers or each man in addition to the regulaion club. A quantity of dynamite :artridges was also stored in the police faults inreadines3 for any emergency. 'We will hold the city hall against all ittacks from the outside, if it takes lynamite to doit," was the expression >f Chief of Police Si-one. MWe have 110 nen on duty and they will be here as ong as they are needed. If the Govirnor wants 'biood tc the bridles' we will jive it to him, but he cannot have the dty hali" By noon the crowd about the armory vas nearly or quite as great as that issembled at the city hali, and when Ho md'tlamon fvacan tfl 'ftPTlTO t.hAV :ound it difficult to make their aray to leadquartera. The militia started from .he armory promptly at 2 o'clock. Adjt 3ren. Tarsaey was ia command, assisted by Brig. G-en. Brooks. At 3:15 p. m Brig. (Jen. Brooks, accompanied by four aides de camp, rode up to the city iall, and stated that; the Governor's orders must be obeyed. Governor Waite remained in his private rooms at ;he Douglass all day and admtttea no )ne but his closest Iriends, until a committee of citizens from the chamber of commerce called upon him late In the Jay. The resoic was a iauure to get lica to consent to anything, "l stall jrder the militia to fire," he reiterated. 'The people may assassinate me if they will, but I proDose to have my way " rhls was the situation when Gen. Mc3ook asserted his position, and prepared to preserve the peace. The history or inis irouoie dates back some weeks. The crisis was delayed because the Governor preferred :o wait uatil the extra session was endid before he acted. To understand the situation It must be known that some pears ago, the citizens of Denver asked ihe Legislature to give them a new charter that would take the police, tire }LIU pilUUU nuiucpamujcuM vuu vi :be hands of tbe municipality and put it in the bands of tbe boards appointed jy tbe Governor. It was believed that would result in removing the matter from the corruption of politics. Gov;rnor Waite had. shown a desire to make tbese departments subserve bis political ambitions and lias tried to make them all political boards filled with Populist followers. The board of tire and police has been changed re* r* frt onif V;ia trhimfi Tarn ro. ^catcuij w ouiv jl.hu nuiutu. jlov *v jisted, but the Go pernor won his case before the supreme Court, which declared he could remove for cause. When he demanded the removal of members Martin and Orr recently they refased to go until the courts should so decide. Governor Waite, reljing upon the decision of the Supreme Court In the first case, did not ask of the courts how to proceed. He declared that the members had violated their trust by placing soecial policemen at gambling houses, Contrary to law, and be appointed two new members. The deposed members applied to the district court and obtained a temporary injunction to restrain the Governor, i the mayor and the new members from taking possession -of the office of the police and fire board by force. This was objected to, but after arguments had been heard, Juge Graham declined to remove tbe injunction. Then, after several days delioeration, the Govern, or decided to ignore their junction, and 30 issued last night, his order to the miiitia. During the excitement around fche city hall, a man Darned Hyles. fell from his percn on a storm door entrance to < the hall striking head first upon the pavement fracturing his skull. lie , will die. It is said that a warrant for the ar- rcstof Governor Waite his been sworn out and will be served by a posse of ; deputy sheriffs tonight. Denver, March 15.-8:45 p. m.?The 1 United States troops have arrived from < Fort Logan and are under command of 1 Gen. McCook. Gen. Brooks, of the owi'vc uuvya, any? luv uiu lire auu po- i lice board will be given an opportunity 1 to ?ibt or quit. < THIS IS SERIOUS. Late tonight Governor Waite issued an Order calling out every camp any of militia in the State. They are to come to Denver immediately, ready to act. The Colorado National .Guard consists of two regiments, one with headquarters here and the other in Pueblo. The entire force can muster probably 1,200 men. The Governor says the companies here are not sufficient to cope with the crowds and police force. * They cannot reach Denver before Satuday. The ml 11 ^ ? r oug&iu nui UU V/auoc IUC ai" rest of the Governor. Aojt. Gen. Tars t ney and Brig. Gen. Brooks early to- [ morrow morning. The United States c troops will remain in th& city until t peace is assured, and the piominent , men will continue to urge peaceable means of settlement. As Governor jWaite seems insensible to arguments looking to arbitration, peace can come [ only by the withdrawal of the city hall 1 people, or by some action of the courts ? that will restrain the Governor. The 1 situation now looks serious I'jr to- t morrow. t ? t THIS STATE'S TROOPS. ' a ? I The M|)lttry O ona W? Had la e Tvrj B e Battle?. ^ Columbia, S. C., March 16.?The ve- c teraasof the State are taking the e deepest interest In the matter of the a selection of the commissions of vete- r rans from this State who are to act a in concert with those of other States, fc Visit the battlefields of Chickamauga <3 and Chattanooga, and locate the spots ^ on those two memorable fields which g were occupied by the South Carolina a troops during those engagements. ' , Adjt. Gen. Farley and. Governor Tillman have been at word for some ? ti^e endeavoring to secure the names c oft members of the several organization P IU. iuo bu uc appuiULtJU uu uic M commissions. Representatives from b each organization, except the three.bat- b teries already referred to, have been g secured; These names are expected in a a few days, sad then the announcement a of the appointments will be. made. s The following were the organizations thi3 State had.in the two fights, and which will be represented on the com b missions: " . j -ttwVnnr.MM ^ tery of artillery and, seven regiments ? and one battalion of infantry, as fol* 1 lows: D Cnlnener'a B&tterv. Cant. James F. 1' Calpeper, McNair's brigade, Johnson's ( division. . t Tenth Infantry and Nineteenth In- t fantry, CoL James F. Pressley, Man- c igault's Brigade, Hindman's division, j. Twenty-four Infantry, Col. Clement {. H. Stevens, Lieut. Col. Ellison Capers, Q Gist's Brigade, "Walker's division. Second Infantry. Lieu. Col. Franklin = Cra.llard, Kershaw's Bridgade, McLew's c division. D Third Infantry, Col. James D. Nance a Kershaw's Brigade, McLaws' division. 5 Seventh Infantry, Lieut. (Jol. Elbert u Bland, Maj. John S. Hard, Capt. ?. J. Goggons. p Eighth Infantry, Col. John W. Hen- t: agan, Kershaw's Bridadge, Mc Laws' 8 division. a Fifteenth Iifantry, Joseph F. Gist d Kershaw's Brigade, McLaws' division. * Third Battalion, Capt. Joshua M. Townsend, Kershaw's Brigade, Mc- f Laws' division. * J At Cnattanooga, South-Carolina was ? represented by two batteries and thir- 6 teen regiments, and three battalions of c infantry, as follers: c South Carolia Battery, Capt. Wm. W. c Fickling. c South Carolina Batterp, Capt. T. B. c Ferguson. t Tenth Infantry and Nineteenth In- r fantry, Maj. James L. White, Maniga- ? ui& s .Brigade, rawju .o.iiun?uii3 ui* f vision, ? * Second Infantry, CoL John D. Ken- ; nedy, Kershaw's brigade, McLaws' di- . vision, J * Tnird Infantry, CoL James D. * Nance, Kershaw's Brigade, McLaws' i division. , t * Seventh Infantry, CoL D. Wyatt, t Aiken, Kershaw's Bridge, McLaws' di- c vision." . ' Eighth Infantry, CoL Joha VV. Hen- f agan, Kershaw's Bridge, McLaws' di- i vision. ( Fifteenth infantry, Col. Joseph F. ? Gist, Kershaw's Bridge, McLaws' di- t vision. Third South Carolina Battalion, ^ Lieut. Col. William G. Rice, Kershaw's 8 Brigade, McLaws' division. c First Infantry, Col. Franklin Kilpat- c rict, Jenkins's Brigade, Hood's dlvis- t ion. t * Second Rifles, Col. Thomas Thomas, j Jenkin's Brigade, Hood's division. f * Fifth infantry, Col. A. Coward, Jenkin's Brigade, Hood's division. * Sixth Infantry, Col. John Bratton, Jenkin's Brigade, Hood's division. < Hampton Legion, Col. Martin W. i Gary, Jenkin's Brigade, Hood's divis- ) ion. _ i * Palmetto sharpshooter, uoi. J03epa Walker, Jenkin's Brigade, Hood's division. * Sixteenth Infantry, Col. James McCullough, Gist's Brigade, Walker's division. * Iwenty-fcurth Infantry, Col. Clement H. Stevens, Gist's Brigade, Walker's division. * Detached November 4 to Knoxville under Lon^treet. Fate of a Fore* r> Philadelphia, March 15.^-Daaiel C. Camp, who returoded that he represented J. M. High & Co., of Atlanta, Ga., and through forgeries ot that firara j naaie attempted to swindle John Wanamaktr and other well known firms out J of large sums ol money was today con- j jpicted tf forgery and sentencea to six t "years imprisonment. ( ~ ' A HeaitrenCicg Incident. Laubens, March 15.?A ten-yearold son ot Mr. J. A. Madden was killed three rnilec f:om thia city bv lightning c yesterday afternoon, Mr. Madden, the ] teacher, and several children were re- i tnrnincT f?m school. The little fellow's e I hat was torn to pieces, his hair burned I < J and bis neck broken. 11 MURDER AT EASTOVER. MR. J. F. GAY JEN KILLED BY THE THIEVES HE PURSUED. Rlcblt: d and Sumter Aroused by a Pool Mard?-r?The Iateresttsg Story of Gayden'u Fatal Chue arrer the Robbers? lieady for a Lynching Bee. Wedgefield, Sumter County, March 10.?Mr. J. E. Gayden, a well-known and most nopular citizen of Richland Uounty, who lives at Eiatover, was mur- j ciered late last ni^ht near this place. Mr. Gayden, had taken a young lady home from the 9 ' o'clock train on the &.uanuc uoaat June, ana was on ms svay back to hr residence when he saw i light in the depot at Eistover. He jailed to the person in the depot thinkDg that it was the. night watchman. rhe man m the depot ran and Mr. (iay3en pursued him, but could not catch aim. He aroused the whole town, bat for rarioua reasons no one would go with turn to pursue the thief on account of the lateness ot the hour. Mr, Gaydea, is a ?ery courageous man and determined to pursue bun himself. .He said he was join? and he caught the next train. He jot off at the Watereej auction andnothng more was heard of him until this norning, when his dead body was found yiog along the ra'liwi side a little disance above this place. He had a bulet in his neck and had been struck on he forehead by a heavy instruuent. Cbe people here were mystified, but hey knew Mr. G-aydeu aud telegraphed \ jack to Eastorer. They suspected at >nce that he bad caught.up with the Viiot7?o ond K??n mnriforA/1 Th?r? ras great excitement about Eastover tnd a special coach was attached to a *; "3 reight train, which brought a large .3 :rowd armed wit 1 shotguns and patois o the place this afternoon for the par* xwe of. searching for the murderer. .-*> Nothing was known as to who or where he murderers were, but there was a deermination pictured on every face to >riDg the - murderer to justice swift aud ure, without the formality of a le^al rial. How Mr. Gayden came to be -shot is ?t positively knpw, but the theory is hat after getting off the traia he came ip with" the robber or robbers and they hot aim. Tbe murderer fired five 8hote_ , ; " ,t him and then jumped out of the rail- " ' oad eut and went some distance in an : opining field. Ee came back to where lis victim lay, probably to see what amage his bullets bad done. All this 3 firom tracks which werecarefully traced | rom where Mr. Gayden fell. At , certain point in the field the murderer ad emptied the shells from his pistol ndlefc them lying there. Mr. Gayden, ? efore he lefc Eastover, borrowed two "3 is tols and both of them were found on is person. One of them . was in his - ; and bat had not been fired. Oae chamer was empty, bat it was so when he ot it. There are two theories advanced s to who the marderers are. Oae is, *3 nd it is the most plausible theory, that negro named John Cloud did the kill- 'J ig. When tbe robber was in the depot - ^ e waa trying to break open the safe. [e had palled off his coat and laid it on - J L.fl.n.. friYrtrn i'^ ' ''?? Im ireran and torgot to laae - i ? t was fonad there last night, and the ? egro pomp hand at Eastover positive f identified it as a coat that he had seea 'loud wearing about sundown that afernoon. He had talked to Cloud and tad no doubts as to the identity of the ?at. Cloud is from Sumter, but has ieen living near Eastover lately. He las suddenly disappeared, and this In itelf is a suspicious circumstance. Some ;entlemen at this place are mclined to elieve that two white men were connected with the killing. Two tramps . 'M UU & UCgfU C5CCU aw vug juuvvwu e^terday and they Said they were go 3g to Eistover, bat would be back that jght. Tbe tracks leadiog from the lace where the murder occurred show _ bat the man had about a Dumber 7~ boe and had a high instep. Thecoro- " er has been holding an iuqaest here to* ay, but 30 far the above are in substance _ " *|| icta as developed. " ~ Mr. Gavden's body was brought to - his place and was prepared for banal. <31 t now lies in a box car on a side track, iat will be taken back to Eistover to light. The croffd from Eastom that ame down are the best cillzen of the ]'M ommanity. They are q.ulet bat deterained, and shoald they catch the right oan or men short work will be made of Jj hem. Mr. Gayden was a universally 3 >0 polar man and was prominent citizen >f the vicinity. He was atone tune - J ?uaty commissoner, and was postmaser at Eastover when killed. He leaves a ?ife and a larje family. It should have )?en mentioned before that Mr. Gayden mew the direction the robber took, and ,hat is why he took the train to over- , , " ? ake him.' He carried a lantern, and ,hls probably gave the robber the best ? >pportunity to shoot with fatal elect. Che lantern was jjaund a short distance rom Mr. Gayden and it was still barn g, only one shot hit him on the left side 1 )fthe neck. The bullet was a 38-calibre 1 rnd went clear through. It was picked ip on the embarkment this morning .,r|2 :overed with blood. John Clond, the inspected man, is aboat five feet six in:hes tall and is rather heavy set. He is >f a dark ginger cake color, and has o&e ooth cut on the right side. Telegrams * ^ lave been sent to Sumter and other - f! >oint8 asking that a close watch be kept or such a man.?News and Courier. ^ Fell Dead In Court. Union, March 10.?Mr, Charles C. 3ulp, one of the most prominent and ^ ible lawyera of th*. Union Bar, died rery suddenly to nignt. While sitting n the bar listening to judge Melton's ipeech in the Sims case He fainted. _ Doctors were summoned and be was aken in one of the jury rooms, where le died in ten minutes. Mr. Culp was ust in the prime of life and apparenty eDjoying the best of health, fie was )ne of the plaintiff's attorneys in the suns .Tnnes pash. which is no?p on triar lere. He bad about an boar before :ompleted bis argument before tbe jury, and it has beea commented upon jy many porsons as one of the ablest - i ifforts of his life. He was an impressive speaker and was a born orator. tie was about 38 year old and has been practicing at tbe Union Bar since his 2 graduation. He leaves several brokers and a host ot friends to mourn his mtimely end. Court proceedings were '-f mmediately suspended and loving lands conveyed tbe remains to his lome. Tbe sympathy of the entire jommunity is with the family in their lau uereavemeui.?ixewa<iuu wunn. Dynamite. Madrid, March 10.?A dynamite lartridge was exploded today in Funteieboll, proviuce ol Segovia, old castle. 1* cilliog the aicide, or localj udge, and 1 - - I?ilt* oflA#tofari Af tViA il U5U KllilU^ LlIC oaLUO^au v* bug 4wu . ihurch, Tbe explosion is believe 1 to be ,he work of the Aoarcesist.