Historical Newspapers of South Carolina

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^ S. G, WEPyESlY, MARCH 25,1896 ^ ^ ^ ^ ^ ~ - - t - farm wosk for march. I^TSTT ON'ORED KENTUCKY. jpfc^AW AS TO LIQUOR. S.ff.THE FULL TEXT OF THE NEW DISPENSARY LAW. JSesigoed to Dodge Issues Heading Before 6|p' tbe Court?A Provision as to Imported H Liquors?.A. Bill With >Iai?y Feature*. : i Concluded from last week.] Sr.;" . Sec. 16. Every dispenser shall keep a strict account o? all liquors received II by hirri frojsrtfie State commissioner, Kin a og^kept for that purpose, which subject at all times to the in%?$ spectiut. of the circuit solicitor, any p? peace officer or grand juror of the county,- or of any other citizen, and || such book shall show the amount and B. kind of liquoas procured, the date of ?:>> receipt and amount sold, and the owiwnf r>? rkf tmo.'n kind for each ! kg zn^th. Such book shall be produced j R^yjdBtiriMfrkeeping the same, to be! ^\ice Oil trial of any prose- J -him 02 notice duly will be required pa jmfin r of the United if States special tax as a liquor seller, or | notice of any kind in any place of reI sort, or in any store or shop, indicatf 2ng 'that. alcoholic liquors are there ? sold, kept or given avray, shall be L. iielcl to be prima facie evidence that :V. the person or persons paying said tax and the parties displaying such notices are acting in violation of this act, and unless said person or parties are sell ing under appointment as prescribed by this act, they shall be punished by a fine less than $100 nor more than/$500, or by imprisonment for a ? terjrn of hot less than three months Kor more than 12 months. Conviction! rihe United States courts of illicit | lie of liq uors shall be taken as prima ?<icie evidence of violation of the provisions of this act, and any distiller or manufacturer of liquors containing alcohol so convicted in the United " States courts shall, by reason of con viction ferfeit the permit or license granted by the State board of control in addition to tb" other penalties herein provided. "Licensed druggists conductdrug stores and manufacturers of 9 proprietary medicines are hereby authorized to purchase of dispensers of the counties of their residence-intoxicating liquors (not including malt) for " the purpose of compounding medi; cines, tinctures an4-^xtracts that can(sLhe-Usedas-S^everage. The dispenr shall not charge such licensed uggists more than 10 per cent, net refits for liquors so sold. Such purhaser shall keep a record of the uses xo which the same are devoted, giving the kind and quantity so used, and quarterly they shall make and file the county auditor and with the comity beard of control sworn reports, giving a full and true statement of the quantity and kinds of such liquors . to^hi^h | iW^^%iquors for any purpose other than authorized by this section, he s|/A sh?]] upon conviction forfeit his li- : w TJfchlft to all penalties, I' prosecutions and proceedings at law and in equity provide against persons selling without authority, and upon 1 sueh conviction the clerk of the court * _ shall, within 10 days after such judgm?nt or order, transmit to the board of pharmaceutical examiners the certified record thereof, upon receipt of which the said board shall strike the name of the said druggist from the list of pharmacists ana revoke his cer'? tificate: Provided, That nothing herein contained shall be construed toau thorize the manufacture or sale of any preparation or compound, under any name, form or device, which may be used as a beverage which is iiiioxicaiing in its character: And, provided, further, That the Slate commissioner shall be authorized to sell to manufacturing chemists and wholesale druggists alcohol by the barrel at not ex ceeding 10 per cent, above tne net cost. Sec. 19. If any person shall make any false or fictitious signature, or sign any name other than his or her i own to any paper required to be sign-! ed by this act without being authorizea to do so or make any false statements in any paper, request or application signed to procure liquor under this act, the person so offending shall be guilty cf a misdemeanor and upon ^ccravTeticn thereof shall be punished ? ' by a fine of not more than $25 or to be imprisoned not more than 30 days. Sec. 20. If any dispenser or his clerk shall make false oath touching anv matter required :o be sworn to under the provisions of this act, the person so offending shall, upon conviction, be punished as provided by law for Tv>rinrv. If anv county dispenser shall XT?O ? ~ v procure any intoxicating liquors, from any other person than the State commissioner, or make any false return to the county auditor, or use any request for liquors for more than one sale, in any s>uch case he shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of $500 or six months' imprisonment. Sec. 21. Every person who shall, directly or indirectly, keep or maintain by himself or by associating or combining with others or who .hall in any manner aid, assist or ab it in keeping or maintaining any clu > or other place in which any intoxicating liquors are received or kept for use, barter or sale as a beverage, or for dis tribution among tue aemysri Ui auvv club or association by any means whatever, and every per sou who shall receive, barter, sell, assist or abet an other in receiving, bartering or selling any alcoholic liquors so received 01 kept, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a nne of noi less than ?100 nor imore than $500, 01 by imprisonment for a terra of not lesf than three months nor more than IS months; provided, thai the State boart of control shall have the power, upor a proper showing, and under suet rules as they may adopt, to exemp hotels where tourists or health-seeker: resort front being considered nuisance: or as violating this act by reason o any manager of such hotels dispens '' u f yn-m tna 122?^ 11(^X101*5 UULLL i.i\jKXk biAv saiy by the bottle, either night or day but before any such exemption shai be granted the State board of contro shall require the manager of sue! hotel to give a good and suificien bona in the penal sum of $3,000 con ditionea for the observance of all th rules, regulations and restrictions prescribed and imposed by the said board aud willi all the requirements of this i act anJ it shall be lawful for any con stable or ollicer thus employed under i this act to enter such hotel and search j it for contraband liquors at any time, ' dav or night, without a warrantSec .22. All places where alcoholic ; liquors are manufactured, sold, barj tered or given away in violation of j this act, or where persons are permitj ted to resort for the purpose of drinkj ing alcoholic liquors as a beverage, or where alcoholic liquors are kept for sale, bai-ter or delivery in violation of this act,are hereby declared to be common nuLances, and any person may go before any magistrate in the county and swear out an arrest warrant on personal knowledgeoron information and belief, charging said nuisance, giving the names of witnesses against the keeper or manager of such place and his aids and assistants, if any, and such magistrate shall direct s arrest warrant either to the sheru* v/" the county or to any special constable, I commanding said defendant to be arrested and brought before him to be [ dealt with accoiding to law, and shall issue a search warrant in which the premises in question shall be particularly described, commanding such sheriff or constable to thoroughly search the premises in question and to seize all alcoholic liquors found thereon and dispose of them as provided in section 38 and to seize all vessels, bar fixtures, screens, bottles, glasses and appurtenances apparently used or suitable for use in retailing liquors to make a complete inventory thereof, and deposit the same with the sheriff. That under the arrest -warrant the de fendant shall be ariested arid brought before such magistrate and the case shall be disposed of as in case of other crimes beyond his jurisdiction, except that when he commits or binds over the parties for trial to the next term of court of general sessions for the county he shall make out every paper in the case in duplicate and file one with the clerk of the court for the county, and immediately transmit the other to the solictor of the circuit, whereupon said solicitor shall at once apply to any circuit judge at chambers within that circuit, or to the nearest circuit judge if there be none in that circuit,* for an order restraing the defendants, their servants or agents, from keeping, receiving, bartering, selling or giving away any alcoholic liquors until the further order of the court. Such circuit judge is hereby authorized, empowered and required to grant the said restraining order without requiring a bond or undertaking upon the hearing or receipt by him of said papers from the court of the said magistrate by the hands of the solicitor; and any violation of said restraining order before the trial of the case shall be deemed a contempt of court and punishable as such by said judge or court, or any other circuit judge, as for the violation of or- : der of injunction. Upon convicton ' said defendants of maintaining said j nuisance at the trial, they or any of them shall be deemed guilty of a mis- j lemeanor, punisnaoie oy imprisonment in the county jail for a term of ggt lass months. or a fijie :>f not less than $200''or by both, Th~ \ the discretion of the court, and the j restraining order shall be made per- j petual. The articles covered in the inventory, which -were retained by the sheriff, shall be forfeited to the State and sold, and the net proceeds sent to the State treasurer, and the sheriff shall forthwith proceed to dispose of the alcoholic liquors covered by said inventory as provided for in this act as when other liquors are seized. Liquors seized as hereinbefore provided, and the vessels containing them, shall not be taken from the custody of the officers in possession of the same by asy writ of repel vin or other process^-while the proceedings herein provided are pending. No suit shall lie for damages alleged to arise by seizure and detention of liquors under this act. Any person violating the terms of any restraining order granted in such proceedings 1 ~'1 1 ntAmr>t bv a saaju. uc puxiuuw i.\yj. -yv fine of not less than $200 nor more than $1,000, and by imprisonment not less than 91 days nor more than one year. In contempt proceedings arising out of the violation of any injunction granted under the provisions of this act, the court, or in vacation, and judge thereo, shall have power to try summarily and punish the party or parties guilty, as required by law. The affidavits upon which the attachment for contempt issues shall make j a prima facie case for the State. At j the hearing upon the charge of con-1 tempt, evidence may be oral or in the form of affidavits, of both. The defendant shall not necessarily be discharged upon his denial of the fact stated in the moving papers. The clerk of couit shall, upon the application of either party, issue subpoenas for witnesses, aad except as I above set forth, the practice in such contempt proceedings snaii cumurm as nearly as may to the practice in the court of common pleas. That when any solicitor neglects or refuses to perform any duty, or to take any steps required by him of the pro visions of the preceding section, or by any of the provisions of this act, the attorney general, on his own motion, or by request of the governor, shall in person, or by his assistant, proceed to ihe locality and perform such neglected duty, and take such steps as are necessary in the place of such solici tor, and at his discretion cause a prosecution to b3 instituted, not omy in -? ?nhut. also a me n/>?*? ??.? prosecution against the solicitor for malfeasance or misfeasance in office, or for official misconduct or tor other charges justified by facts and to persue : the prosecution to the extent of a conviction and dismissal from office of a ay such solicitor. ' And in such event the attorney gen1 eral shall be, and is hereby authorized and empowered to appoint one or more . additional assistants who shall each have while actually employed the ! same compensation, to be paid from ; the litigation fvnd of the attorney gen > eral. i Any duty herein imposed upon ? i solicitor may be performed with equa. i force and ati'ect by the attorney gener i ^ rtt-Vvvr. npisrtn authorized bv hiir w AA Vi j^/va vv _ s to perform such duty. 5 Sec. 22. The managers of every reg f istered distillery of liquor in this StaK : shall report quarterly to the Senat* - board of control, showing the numbe; , of gallons of each kind of liquor o: 1 hand, manufactured or disposed of dur 1 ing the quarter; ana if the said repor i fail to correspond with the return o t said distiller to the United States rev - enue collector of this State, or it i ei shown that said manager has dispose* ; of liquor contrary to this act, said dis: tiller- shall be deemed to be a com; rnon nuisance a*>d the said manager i and his riders a ad assistants and the I premises shall be proceeded against as : in this act provided as to places where | liquors are sold contrary to this act. | Sec. 21. In all places where liquors .are unlawfully kept or stored, the j same not being in an open house or iexpedto view, ana a search being J necessary, upon affidavit to that ef1 feet or on information and belief that i contraband liquors are in such place, j a search warrant may be issued by j a justice, judge or magistrate, or mayor or iatendant of a city or towo, to j vvhom application is made, empowering a constable, or any person who j may be deputized, to enter the said place by day time, or in the night time, and to search and examine the said premises for the purpose of seizing the said contraband liquors thereI i r> rrinopci Ipr! Irdnf e-airl I liquor when so seized shall be disposed : V A MSrtlMW V ' AMvd* j Sec. 25. That any of the liquors set j fourth in Section one (1) of' this act which are contraband, may bi seized and taken wi Lhout warrant by any constable, sheriff or policeman while in transit or after arrival, whether in possession of a common carrier, depot agent, exnress agent, private person, firm corporation or association, and reported to the State commissioner at once, who shall dispose of the same as hereinafter provided: Provided, That liquors purchased outside the State, owne. ; ">d conveyed as personal baggage, shall be e^eL.pt from seizure when the quantity does not exceed one gallon. Sec. 26. ""hat the possession of said illicit liquors is hereby prohibited and declared unlawful, and any obligation, note of indebtedness, contracted in their sale or transportation is declared lo be absolutely null and void, nor shall any action or suit for the remverv of the same be ftnfert-flinpd in any court ia this State. Sec. 27. That the proceedings aerainst liquor so illegally kept, stored, sold, delivered, elsewhere than at his or her residence, transported or being transported, shall be considered a proceeding in rem, unless otherwise herein provided. Sec. 23. That the carriage transportation, possession, removal, sale, delivery or acceptance of any of the said liquors in any package, cask, jug, box or other package, under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the casks, packages or boxes containing the same, or the causing of such carriage, transportation, possession, removal, sale, delivery or acceptance, shall vrork the forfeiture of said liquors or liquids and casks or packages, and the person or persons so offending, knowingly, be bubject to pay a fine of not Jess than one hundred dollars nor more than five hundred dollars, or imprisonment for the term of cot lesss than six montns nor. mce Lhan one year, and the wrongful name 1 address, mark, scamp or style on .such liquor when seized shall be considered evidence prima facie of guilt The books and way bills of tjae comcareer Uc -race said liquor to the shipper, who : shall be jiabie, upon conviction, in a . ike penalty. Sec. 29. That all constables, deputy constables, sheriffs' magistrates cr municipal policemen shall have tbe right, power and authority, and it shall be their duty, whenever they are informed or suspect that any such suspicious package in possession of a common carrier contains alcoholic liquors or liquids, to detain the same for examination for the term of twenty-four hours without any warrant or process whatever. Any constable, deputy constable, sheriff or magistrate who shall neglect or refuse to perform the duties required by this act shall be subject to suspension by the governor. Any sheriff or magistrate seizing any alcoholic liquors or liquids as required j i? ii.:. ocV.oii ko 1-sft.id one-half ! UV LLII5> OCULiV^io. ouuxx ? the value of said liquor or liquids so soon as the same shall have been received at the State dispensary, approved and disposed of according to law. Sec. 30. That any interference by any person with, obstruction or resistance of, or abusive language to, any officer or person in the discharge of the duti'f: herein enjoined or the use of abusive language by any such officer or person to any person or persons, J I shall be deemed a misdemeanor, and | j the person or persons so offending I shall, upon conviction, be punished, I I by a fine of not leis than one hun-1 I dred dollars, nor more than five hun-! drea dollars, or imprisoned for a term of not less than three months nor more than twelve months. Sec. 31. In all cases of seizure of any goods, wares, merchandise, or any other property hereafter or heretofore, made as being subject to forfeiture under any provisions of this act or any former act, which in the opinion of the officer or person making the seizure are of the appraised value of fifty dollars or more, the said officer or person shall proceed as follows: First. He shall cause a list containing a particular description of the goods, wares or merchandise seized to be prepared in duplicate and an appraisement there of to be made by three sworn appraisers to be selected 1 OnH oy mm, who sua.ii w disinterested citizens of the State of South. Carolina residing within the county wherein the seizures was made. Said list and-appraisement shall be properly attested by the said officer or person and the said appraisers, for which servicc each of the said appraisers shall be allowed the sum of one dollar per day, not exceeding fire days, to be paid by the State Board of Control. Second. If the said goods are believed by the officer making the seizure to be of less value than fifty dollars, no appraisement shall be made. The said officer or person shall proceed to publish a notice for three weeks, in writing, at three places in ' the county where the seizure was made, describing the articles and stat ! ing the time and place and cause of L their seizure, and requiring any per" son claiming them to appear and make such claim within thirty days from i the date of the first publication of such L notice. Third. That any person claim ing the liquors or other property sc ^ thck time li seizea as contra, ua-uu. numu kUv specified in the notice m^.y file -with - the State Board of Control a claim. } stating his interest in the articles seizec 2 and may/execute a bond to the Stat< : Board of Control in the penal sum o. 1 five hundred dollars, with sureties, t( - be approved by the said State Board o i Control, conditioned that in the cas< f of condemnation of the articles s( seized the obligors shall pay all th s costs and expenses of the proceeding i to obtain such condemnation; an upon the delivery of such bonds to the State Board of Control, he shall transmit the same with the duplicate list or description of-the goods seized to the solicitor of the circuit in which such seizure was made, and the said solicitor shall prosecute the case to secure the forfeiture of said contraband liquours or liquids in the court having jurisdiction. Fourth. If ko claim is interposed and no bond given within the time above specified, such liquors shall be forfeited without further proceedings, and the State commissioner shall have the said liquors tested by the State chemist, and if pure shall furnish the same through the State dispensary. If not pure the same shall be destroyed by the chemist of the South Carolina college, who shall make a report to the State Board of Coatrol of the amount and kinds of liquors so destroyed: Provided, That in seizures in quantities less in value than fifty dollars of such illicit liquors or liquids, the same may be advertised with other quantities at Columbia by the State Board of Control commissioner and disposed of as hereinbefore provided: Provided,' further, That the claimants of such liquors may give bond in one hunnllo w rtc r*-? V? 4Ua rriilnA i fi Tf rr i uicu u^aaio cw ? ulcli. uv io jlli \jj dollars or over, and shall bear the burden of showing before a magistrate that they have complied with the law and that the liquor is not liable to seizure. Sec. 32. Thatall fermented, distilled or other liquors, or liquids containing: : alcohol, transported into this State, or remaining herein for use, sale, consumption, storage, or other disposition shall, upon introduction and arrival in this State be subject to the operation and effect of this law to the same extent and in the same manner as though such liquors or liquids had been produced in this SLate. Sec. 33. That no person, except as " provided in this act., shall bring into" this State, or transport from piac-^ to place within this State, by wagoilij cart or other vehicle, or by any other^ means or mode or carriage. anv*liquor''u or liquids containing alcobol.. under a *] penalty of one hundred dollars or irn- I* prisonment for thirty days for each 1 offense, upon conviction thereof, as for a misdemeanor. Any servant, i agent or employee of any persons, : corporations or associations doing business in this State as a common carrier, j; or any person whatever( except an ofSeer seizing or examining the same,) s who shall remove any intoxicating * liquors from any railroad car, vessel ] or other vehicle of transportation at 3 any plnce other than the usual and ' established stations wharves, depots ] or places of business of such common ] carriers within some incorporated city I or town where there is a dispensary, or who shall aid in or consent to such ? removal, or attempt to remove, shall 5 upon conviction be sentenced to pay a 1 fine of not less than $100 nor more * than $500, or imprisonment for a tsrm ? of not less than three months nor I more tban 12 months: Provided. ra That said penalty shall not apply to any liquor in transit when changed!^ rnonfrt id it*ancnArto . I -x tion across the State: Erovj^e^TWlj in g the proper label orf^p% "All II liquors in this State, excerraspensary j| liqaors and those passing through this I State, consigned to points beyond this It State shall be deemed contraband, and IT may be seized in transit without war- >t rant. And any steamboat, sailing ves- * sel, railroad, express company or ether J common carrier transporting or bring- i ing into this State, for sale or use } therein except by the dispensary, shall J suffer a penalty of $500 and costs for 5 each offense, to be recovered by the 1 solicitor of the circut or the attorney 1 general by an action brought therefor ' in any court of competent j urisdiction. ' The State constable, sheriff, municipal police or any lawful constable may enter any railroad car, or express car, ' - * or depot, or steamooat, oromei- v caaci, I vessel without warrant and make search for such contraband liquors, and may examine the way bills and freight books of ss,id common carriers, and anyone interfering with or resisting such officer shall be punished by a fine of not less ihan $100 nor more than $500, or imprisonment for a term of not less than three months, nor more than twelve months. Sec. 34. That any person detected j openly or in the act of violating any of the provisions of this act, shall be liable to arrest without warrant: Provided, A warrant shall be procured within a reasonable time thereafter. Sec. 35. That in case of conviction of violations of any of the sections of this act where punishment is not especially provided for, the person or persons or corporations so convicted shall ' 1 J r\ F fj-io be pumsnea la tae uisticwuu court trying the same. All alcoholic liquors, other than domestic wine, which do not have on the package in which they are contained the label and certificates going1 to show that they have been tested by the chemist and purchased from a State officer authorized to sell them are hereby declared contraband, and on seizure will be forfeited to the State, as provided in | section (30 ?): Provided, That this sec- j tion shall not apply to liquor held byj the owners of registered stills in bond- j ed warehouses. Persons having liquors which they wish to keep for their own use may throw tho protection of the law around the same by furnishing in inventory of the quantity and k. tds to the S te cominis sioner and applying for ^rtificates to affix thereto. Anv oersons affixing: or causing to be affixed to any package containing alcoholic liquor any imitation stamp or other printed or engraved label or device than those iurnished by the State board of control shall, for each offense, be liable to a penalty of 10 days'imprisonment or $25 fine. Sec. 3(5. Every person who dispossesses or rescues from a constable or other officer, or attempts so to do, any . alcoholic liquor taken cr detained by : such officer charged with the enforcement of this law shall, upon couvic: tion, be imprisoned not less than three months nor more than twelve months, ; or pay a fine of not less than $100 nor i more than $500. i Sec. 37. Any person handling con traband liquor in the night time or ) delivering the same shall be guilty of i a misdemeanor, and on conviction i shall be punished by imprisonment for not less than three months nor i more than twelve months, or by a i fine of not less than $100 nor more f than $500. ^ 00 v?? /"ovf- Vioqt r>r ) I Oec OO' VVCXgVJ-Lj UUA u, vv^?f V f any oiher conveyance, together with 5 horses, mules, or other animal or am? mals and harness, accompanying the 2 same, transporting liquors at night, ; other than regular passenger or freighi steamers and. railway cars, shall be Jia? seizure and confiscation, and j to. &pd the officer shall cause tne sap be duly advertised and sold, ari- proceeds sent to the State trf-r. 39. Every dispenser when he se^package containing liquor shall pitross mark in ink on the label oiiiScate thereon extending from to bottom, and from side to side. Vi any liquor is seized because it hot the necessary certificates and Is "equired by this act, the burden ox>f shall be upon the claimant of sjpirits to show- that no fraud has ! bcommitted and that the whiskey j ii contraband. j. 40. That any railroad, steamb express company or other comc. -carrier shall incur a penalty of te the invoice price of any alcoholiquors lost or stolen in transit tc c?>m the dispensary, whether sped as released or not, such penalto be recovered by action in any ct of competent jurisdiction, c. 41. That it shall be unlawful fmy person to take or to solicit ord or to receive money from other tfms for the purchase or shipment buy alcoholic liquors for or to such &?j>er?OBS in this State, except 101 ]*fT? to be purchased and shipped fij the dispensary, and any person voting this section, upon conviction, s]l be deemed guilty of a rnisden'nor and shall be punished by impbnment for a term of not less than .if? months nor more than twelve :>nths. or by a fine of not less than Op nor more than $500. SW-. 42. It shall be the duty of sherdeputy sheriffs and constables .ving notice of the violation of any ^visions of this act to notify the cirit solicitor of the fact of such viola>o, and to furnish him the name ol ;y witne.w within their knowledge, ' ^vhom such violation can be provi. If any such officer or solicitoi 'all .vilifully fail to comply with th< 'ovisions of this section, he shall >Gin conviction, be fined in a sum no ss than $100 nor more than $500, anc 1 1' ?i- ~ t? ich conviction snau worn, a lunnt e of the office held by such person id the court before whom such con iclion is had shall, in addition to th< a position of the fine aforesaid, orde: c.4 adjudge the forfeiture of his sai< iifi^e. Sc. 43. That in any indictment fo uesale of intoxicating liquors it sba] >e competent to charge a series o ;al<s on the s:?me or on divers day* u ,o he finding of the true bill to on peson, or to different persons, nana inj one and stating the others to b imnown, in the same court, as wa r'omerly the practice in indictment ^retailing liquor without license i ?'s State, and the prosecuting office hall not be required to elect whic articular sale he will rely on, bi lav offer proof of all, and proof c nv one or of all the sales will sustai verdict: Provided, Upon a trial an onviction or acquittal no other bill c ndictment will lie for any sale occur ng prior to bill found on the -v ried^and the punishment shall be i uch case as for one sale: Provide* ^>/7;^r, That this section shall not 1 fe^Xtrued as to prevent tne pros irom giving' out sever S&. 4i. ^hat 'whenever in this a it is provided that process shall iss upon an affidavit based on inform ;ion and belief, the affidavit shall co ;ain a statement setting forth t' sources of information, the facts ai ground of belief upon which the af int bases his belief: Provided, ^hat shall not be necessary to set forth t sources of information, the facts ai ;he grounds of belief in the affida-* upon which a warrant of arrest sh; issue, but it shall only be necessary sases of search warrants. Sec. *5. That chapter I, title VII, the code of civil procedure of tl State, entitled "Of Provisional Hen dies in Civil Actions," shall not app to any officer or person having dut to perform under this act, and in case shall an action lie against a such officer or person for damages ?- ? Af. Q< person or prupci, as yi v/ v 1ULU. iu O* chapter. Sec. 46. The governor shall have 1 authority to appoint one or more St constables at a salary of not more th $2 per day and such expenses as 1 governor may deem proper when duty, and two chief constables at : more than $3 each per day and si expenses as the governor may dei proper, and also one or more detectr at reasonable compensation, to that this act is enforced, the same be paid from the iispensary fund the same manner as the salary of' State commissioner. Sec. 47 That this act shall be a p lie act and shall go into effect imi diately upon its approval by the g ernor, and that all acts or parts of s t +Ui<n ftof Ka QYl/^ inconsistent wikj. cma a^h ^ hereby repealed. Sec. 43. The State board of cont elected under this act shall not t : charge until April 1st, 1S96. Powder Works Blovm Up. Kingston, N Y., Mirch 18.?1 Lattin and Rand Powder works at I Jpnt exploded shortly after 11 o'cl today. The upper glazier first expl sd, setting off the dry house ! wrecking the grinding mill, eng house aud lower glazier. Five n were killed and unknown num hurt. The names of the killed Jones, Smalley, Peterson and ' men named Decker. THe cause or explosion will never bs known. 1 works were destroyed in a sim manner in Jan. island wereafterw rebuilt. Tbey exteud for half a n along the \\valiliiil creek. The will exceed >>25,000. The works seven miles from Kingston, shock, howecer, was felt strong^ this city and caused small panic; several factories where female hel employed. ? ? ? A Georgia editor recently ate t] Jozen eggs on a wager. The Col bia Evening News says the ed should not bft judged too hars Journalism is not very remunera and this might have been the time this year that the editor at aid .jot a chance at a square meal The mac who has learned how put himself to work and keep 1 ; self at it, has reached a conditio mastery that promises him snoea . almost any situation. He has th : possession infinitely better than gift of genius. McKixlfa" seems to be the fav< of the Republicans for President, ! is their logical candidate. An atte , will be made i o make protection ; issue and thereby sidetrack the c ; j tiooi of finance. A AU'i'Ji 01*' WAtuvimi i I SOUNDED AT A CONFERENCE OF SILVER REPUBLICANS. Tfestern G. O. p. Men Will Not Stand a Single Standard Platform?-Protection and Free Silver Go Together. j Washington, March 19.?At the j Hotel Page, an important conference I "was held tonight between the silver Republican senators who voted against the consideration of the tariff bill in the senate and a large number of representative manufacturers of Philadelphia who favor the linking together of the protection and bimetalism. The authorized statement issued by the conference after its secret session is looked upon as the first note of warning on the part of the Republican senators from Western States against the adoption of a single gold standard plank in the St. Louis platform. The I conference was the result of the fol-1 lowing correspondence between Mr. | William Wilhelm, a prominent attor-! ney of Pottsville, Pa., and the sextette of silver senators named in the letter: Pottsville, March 5, 1S96. Senators Jones, Teller, Dubois, Carter, Mantle and Cannon. Gentlemen: It has been my good fortune to meet Messrs. James Dobson, Charles Heber Clarand R. E. Defend erferof the city of Philadelphia. They and their industrial friends are anxious to comer with you relative to the present depression and the remedy for > - - j existing hnanciai aau iuumuw. troubles. If you are willing to meet the eastern men of enterprise, then please advise the aforementioned gentlemen so that a conference can be ar| ranged between you and them and . their friends. Enclosed find a list of > Philadelphiamanufacturers who I am assured will take pleasure in meetin; I you. Yours sincerely, [ Wm. vVilhelm. United States Senate, Washington, D. C., March 6, JLS96. ! James Dobson, Esq., Philadelphia, Pa. : Dear Sir: Accepting the suggesc tions made to us by letter from Mr. 1 Wm. Wilhelm of Pennsylvania thai it would be well to have a conference r between representatives of the indus 1 trial interests of the country and our ,f selves, we shall be pleased to confej P with yourself and such men of enter e prise as you may choose to invite tc t- meet with us at an early date at Wash e ington. Yours very truly, .s ' H. M. Teller. ;s Fred T. Dubois, n Lee Mantle. :r I T. H. Carter, h Frank J. Cannon. t--l- -d ^ I OOXIU J. . o uu\.o. >f All of the above named senator n were present at the conrerence held tc .d night as -were also Representative )r Hartman of llontana, Allen ofUtal r- and Wilson of Idaho, and the follow se ing named "Representatives of mar ;n ufacturing interests: James Dobsor 3, manufacturer ; of carpets; Georg De Campbell, woolens; James Polloci e- carpets; S- B. Vrooman, lumbei a! Frank Caven, silk; C. H-;-:Karcb A. Frye, groceries; Henry ,cl carpets; R. W. Scott, knit good: ue James Brown, woolens; Howlar ia Croft, worsteds; Chas. M. McLeo< a- yarns; James Defenderfer, yarn he John Fisher, wire; Robert Dawmai ad carpets; Robert W. Scott, knit good: E- Charles Heber Clark, surgical appl it ances; Theodore Miller, upholstery he]Richard Campion, yarns; Jos. Bron ad ley, rugs; Jos R. Jones, woolens; Jo fit Foster, dyes; Jas. P. Phillips, wors ill eds; C. D. Firestone, buggies, and 3 in E. Defenderfer, electrical appliance The conference was organized t of Senator Dubois as chairman and M lis Wilhelm for secretary. For thr ie- hours and a half, behind closed dooi ily the conference proceeded, involvir ies the uniting of bimetalism and prote no tion as a national issue. Rimar] ? n A -T^TUv. ny} were maae Dy oeiuuux-s achcx, to of Nevada, Carter, Mantle and Ca lid Icon. President Jordan of lhe man facturers' club of Philadelphia, e ;he pressed the opinion that tariff duti ate could not be made high enough an protect our manufacturers if our cou ;he try remained on a gold basis. jM on James Dobson the great carpet man :tot facturer, came out unqualifiedly f ich free coinage by international agre 2m ment if possible, otherwise by inc res pendent action. He believed that i see dependent action would induce int< ; to national action. Free coinage mig in create temporary disturbances but the was the quickest way to permane relief from the ills from which t ub- country is now suffering, ne- Henry A. Frye of Philadelphia sa ov- that the sooner that we took indep* icts J dent action for birnetalism me oen are it would be. He declared for prot< tion and birnetalism. Chas. Herber Clark, editor of T a*e Manufacturer of Philadelphia, said had labored in season and out of si son to convince the manufacturi that protection would only prove e Lhe ca us in conjunction with the ~es Jif- ration of silver. That he was n< ock happy to have so many representatiod of the industrial interests of the cot and try to meet the senators who had v ;iae ed against the Dingley bill and to p aen sonally verify his declarations. Ri ber ard Campion declared himself in fai are of the restoration of silver, but thou< two that the cause of birnetalism was ] the advanced by the defeat of the revei lhe measure. Seveial opinions were ilar pressed of regret at the loss of i ard Dingley measure, but no opinion ; lile tagonistic to the restoration of sil loss was uuereu. i. 11^ o fyivwvM* are fined their posit; jn in such a mam The as to make it plain to the manufact F in ers that there could be no protect i in tariff legislation either at this congi P is or at the next without the rehabiUtt of silver, and that bitnetalism and \ tection constituted and inadvisable aree sue before the country. Some of um- manufacturers themselves endcr .itor this position as being the logic of hly. country's necessities and political c .live ditions. Tne issue was clearly de fi.-st sd but no attempt to organize 1 ore- made. The intensity of the inte shown demonstrated a determinai to rescue the country if possible fi ' to its impending industrial and finan lim- ills. Chas. Heber Clark invited i of senators to a meeting to be held at 5S in Manufacturers' club, Philadelphia en a an early date. the Many strong letters m narim with the purpose of the meeting v received from manufacturers throi jrite out the country who were unabl< and be present at this public meeting. :mpt incidental mention of the name c tne Donald Cameron for the nomina mes- for the Presidency, met with cor , approval. _ i Tlie Southern Cultivator Urges Farmers to ! Keep Down the Cotton Acreage. In this month. except for unforeseen delays, the main body of the cotton crop throughout the South will be put into the ground, and -while most farmer, have decided on the number of acres they intend to plant, it is not too late perpaps to utter a word of warning to those who contemplate putting"in a large area at the expense of the more important provision crops. We use the words ''more important" advisedly, and as supporting this assertion, -we point to the general condition of the farmers to-day, as compared with what it was at this time last year and the year before. Then they were hampered in their preparation for an other crop by a lack of sufficient sup-1 plies for man and beast; to-day the barns and storehouses groan under the (accamlation of food of all kinds. J Though the profits on the past year's operations may not have reached a high figure, farmers,as a rule,are now resting secure, while in all other occupations and professions there is a feverish anxiety and apprehension. Having taken no chances they have fortified themselves against market fluctuations and thus their investment is more certain than if placed in stock companies and syndicates. No one will deny that this is a good and favorable change and yet there is a disposition in some quarters, by reducing the provision crop and enlarging on cotton, to cut off the only means which will maintain us in our position of assured security. The disposition to purchase mules and guano is usually an indication of an increased cotton acreage. To those men w>ho have already invested in additional stock and fertilizers for the purpose of planting wft would ur2*e the 1CLI ?, -. _ .. _ following reasons why they should pause and reconsider their plans: In the first place, if each farmer assists in keeping down the cotton acreage be tc that extent inceases the chances oi profit for all. On the other hanc if tbere is a general and larg( ' increase in cotton production, tb< individual farmers who restrici ; their acreage to reasonable bona< 5 stand less chance of loss, should th< " price fall below the cost of production " which it almost inevitably will, thai * those who plant iieavilv in the hop* " that by some means Providence wii } bless their lack of business sagacit] * and save them from the consequence: of their folly. Another cogent reason for a limite< cotton crop, and a full, even super abundant provision supply, is the un settled condition of national affair the world over. Should the presen disturbed relations between Europeai s governments result in conflict, no on >- can predict the extent to which, eithe s as to time or geographical boundary i still less noul 1 UU51JLUUCO - we estimate the disastrous eifects t t- our immediate agricultural interest: i, The mere rumor of war between G-e: e many and Engird caused the provi ion markets in Chicago to advant -several points, with; a correspondir depression in cotto/i prices at 0th1 ^places. r, y~ t The following 5^;resJ taken fro !S, the report of the of TXg s; culture, give a comparative estima id of the corn crop of the South for thr i, years: 1S93, 435.744)766 bushels; 1S9 s; 433,431,962 bushe-ki 1S95, 607,665,0 3, bushels. The esticoated grain crop s; the South for ISyo including cor ii- oats, and "wheat will mase a grana i r; tal of over 700.000,000 bushels, a- As a result of this large provisic s. crop, and the better prices for cott< ;t- following the reduced area for 189 3. everything has taken on a bright is. aspect, ana the farmers all over t] >v country are in better condition ths r. for years. Experience and comm( ee sense both urge the obvious concl -s, sion, but -will farmers profit by tj ig opportunity which their vanta c- ground gives them? Will they rai is their bread and meat and cotton a1 es pi-ont, or will they simply plant cot1< u- in order that others raav realize t u- benefit? The coming month must a x- swer these questions. May the dec es ion be such that the farmers will coi to out on the winning side, when the : n- suits are summed up at the close Lr. 1S96. u-1 Or . The Cotton Crop. ie- Washington, March 20.?The ( ^e" partment of agriculture makes the f n" lowing report of the cotton crop mo) *- ment by States from September 1. ^ March 1: ^ From Alabama, 4SS,490; remaini J11 on plantations in warehouses, et 106,87*8; bought by mills, 44.9S1, tot 638.349. Ll(* From Arkansas, 365 457. plantatic in" etc., 115,964: mills, 1,570; total, 4S ter -c" From Florida, '6'i.viz; pxantauoi etc., 3,103; total, 35,S15. he From Georgia. 777,632; plantatio: be etc., 158,3S1; mills, 142,611, tot 3a- 1.07S.654. ers From Indian Territory, 52.259; pi: ffi- tations, etc., 7,538; total, 59 797. to- From Lcaisiaua, 398,137: plan aw tioDS, etc., 66.61S; mills, 1,074; tot res 465. S29. in- Prom Mississippi, 787.136. plar ot- tions, 158,111; mills, 11.662; total, 9 ier- 909. ch- From Missouri, 11,056, plantatio ror 55S: total 11.614. jnt From North Carolina, 155.616; pL iot tations, 52.7U0; mills, 131,183, tot lue 339.499. ex From South Carolina. 494.562; pi the rations, 80,133; mills, 214,270; to an- 783.965. rer From Tennessee, 122.S16; plat de- tious, 15,OSS; mills, 14.412: total, 1. ier 916. ,ur- From Texas, 1.531,plantatio :ve 220.081: mills, 3,204; iotal, 1,755,1 ess From Virginia, 7,105; plantatic ion 1,234; total, 8.399. >rn- Total croo. including 40 bales ] ; is- duced in Utaa, 6,783,507 commer the bales. sed To the above mill figures shoulc the added: For Georgia, 745; Louisia on- 6,365; North Caroiiaa. 565; S >uth ( fin- olina, 5,S0S; Tennessee. 2,052, an< sras Texas 2,547 bales taken from ports, rest otherwise counted in the rail^ ion movement, the Kentucky, Miss< om and Virginia figures being also inc' cial ed in the railway movement, the The mill purchases by States are the follows: Alabama, 44,i)Sl: Arkau .. at 1,570: Georgia, 143,386; Kentui 10.415; Louisiana, 7,439; Jlississi tht- 1 i M2: Missouri. 7SS: North Ca.ro! rere 13a,748; South. Carolina, 220,' igh- Tennessee, 16.464; Texas, 5.757, j to Virginia, 1G.0S4; total, 609,766 bs The No deduction has been made of if J. ton on plantations and at inte don points September 1, 1S95. The at dial figures are subject to revision in department's final report. CHAPLAIN COOPER REFUSES TO OFFER PRAYER. Every Fistol Pocket "Was Loaded at the Joint Assembly Monday, Bat No Trouble?Censure of Governor Bradley?No Quorum. Frankfort, Ivy., March 16.?The State capitol bristled with bayonets this morning. The news that Gover- nor Bradley had called upon the military arm of the State was early spread about and caused a great deal of ex- V citement. "What promised to be the most sensational day cf the Senatorial fight was begun with, a proclamation from Governor Bradley, issued at 9 o'clock this morning, calling oat the State militia to guard the State House. "I wish to state," said the Governor, speaking of his proclamation, "that the military was called out in order to a protect the members of the Legislature^^ from mob violence and not to protect myself. The story that I was to be||||fr. arrested for usurpation of authority in ordering the sheriff to clear the State House of all those not authorized by law to be there and indicating that this should include the deputies that the Senate sergeant-at-arms had sworn in and for this reason I had called out the military is false." The military guard around the State House began at 10 o'clock last nighty v^50* when the McCreary guards, a iocaT"companv of militia under Captain Noel Gaines, filed into the grounds and established picket lines. Barely an i nf Prank- ~ UUUr UCiUlc ouavauv fort had been arouseed by the clanging of the court house bell, the signal for ; the local company to report for duty. - ^jj : There were hurried gatherings of sol- ^ 1 . diers ana citizens generally, the latter ~ . not leaving for their homes until aft?r-?? . midnight _ ' The McCreary Guards were rein: forced early this morning by the 1 Bro wn Light Infantry from Lexington i which arrived en a freight train, under i command of Colonel Gaither and Cap- A t tain Longmire. Shortly after 8 o'clock JK 5 the Louisville Legion, 250 men, march- -JgM i ea up from the Louisville and Nash-4ffl , ville station, under command of Col. i Castleman. These two- companies /> i were also placed on duty in the State 1 House grounds and military regula7 tions were enforced. Altogether a bout |;?r s 400 men were under arms. No one *iM was allowed to pass the picm Hues i ^ 1 unless he could give the countersign. - r--5 A guard patrolled the walk: in front / of the door of the capitoL Inside at s the foot of the stairway, leading to the ; "*% .t House and Senate chambers, a squad [ a of picked raen stood and allowed no ; \ e one to ascend without a written order I', vr from Adjutant ^neral Collier. At - ; / r, the head of the stairs another squad d of fifteen stood with fixed bayonets. o Senators James and Walton, who were gg? 5. on hand early, entered the-^House r- chamber and sat in the extreme ;e Adjutant General Collier's orders L? the officerg~i5T(5Sarge of the entrauBR^8| er to the State House expressly that uo one exceDt-meznbers .of -t9 .housest *Sears?eats-.at_-A;^H aoorKeegergjCiuaii.rwjm ^Q?t>erS- pgA^^^T" :ts newspaper reporters aruSjiglfcpfct^^^''. ee operators were entitled tcqQ^n^sioS^N^ and the guards carriedr^outyieir or-.. : ^ ders to the letter. ' . 0l The Blackburn men call the Govern? nor's action "an outrage." A meet- ? >:\ ?" ing of citizens of Frankfort was called X to protest against the presence of the )n mi'itia in this city. "This display of force will stop all legislation," said a 5> Blackburn Senator. "Nothing shall - A 8r be done. I would like to see the reve- J ie nue bills or anything else get through^---'^ in now." . - v/ )n Just bofore 11 o'clock Seargeanl-at-. ,u" Arms Sommers of the Senate entered ae the lower door of the State House Se with his six assistants who had been se summoned on Saturday. These men a were halted by Captain Gaines. Mr. Sommers protested that .they were his' - '.7." assistants and that he had affidavits P-' to show that they were entitled to en1S' ter. The captain was firm, however, ne and they walked out without attemptre; ing to force their way up stairs. ? or When the joint session convened tiie"" roll call showed sixty-six present, as neither the Democrats nor the Popu- _*> lists responded to their names. The Je- President announced that no quorum ol- was present, but as the Constitution - - re- requires a ballot each day, he ordered to the call to begin. But one vote was cast, that of Mr. Speed for Boy^e. The v'?-i ng Republicans and Democrats, with this c., exception, refused to respond to their al, names. It was decided to vote for the United States Senator to-morrow. The > ms joint assembly then adjourned until ) 12,- 12 o'clock to-morrow. bradley's action denounced, as, Frankfort, Ky., March 16.?There was not standing room in the court ns, house when ihe indignation meeting -v al, was called in order to protest against ^ the action of Governor Bradley in m- calling out the troops. Mayor Julian jZzjj, called the meeting to order and made ^ ta- a s peech in which he told of his con ' ;al, ference with Governor Bradley in whi/?h hp. had assured the executive. ita- that he would give ample protection ' 56, and characterized the Governor's ac- jsj tion ia ordering- out the troops*as'v^ ns, nighly partisan and -unbecoming, a Governor. Ex-Attorney General Henan rick nominated Judge Lysander Hoard ;al, as chairman of the meeting in a speech .. ia -which he scored the action of the an- Governor. Judge Hoard took the tal, chair and there was a wild burst of .. : applause. Speeches were made by" ita- Col. E. H. Taylor and others denounc32. ing the action of Governor Bradley in severe terms. - r:| ms. * % 127 Terrible Explosion. >ns? Seuia. Ala , March 18.? Particulars -*0 of a terrible boiler explosion at Mc- f J )r0. Larkius mill, near Caledonia, in Wil- 3 c;al cox County, have reached this city. The explosion was caused by an imi ^ perfect safety valve. The boiler crask? ed through the mill and .sued along )arl close to the ground for 400 feet, and. ^ 3_to Jinallv buried itself in the earth. Sim ancT vV atts, a iurmtr* Ale56a4ec Grace, a >vav laborer al the mill, and AliexMEfellinjuri ger, fireman, were killed. iad The action of the five gold-stand-??|| i as ard democratic members of the Ken-^i|| sas, tueky legitiature in defying the rule ;ky, of the majority and persistently re-^ 'i' poi, fusing to vote for and electing Blackiua, burn the nominee of the democratic J7S; caucus United States senator, is in.ten-^T^ and sifying the feeling of democrats^!! lies, throughout the country against the.-^ cot- designs of the gold-standard gentle-'^ rior men. Their private opinions are )Ove up against solemn platform declara--Sg||* . the tions and "rule or ruin" ^~ems tblxp|jj