The Fairfield news and herald. (Winnsboro, S.C.) 1881-1900, January 19, 1898, Image 1

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' "J ^ _ ^ VOL. LII. WINNSBORO, S.C., WEDNESDAY, JANUARY 19, 1898. NO. 24. 11 OUR LAWMAKEBS. THE TWO HOUSES GETS DOWN TO BUSINESS AT ONCE. RF '= i The Sentiment Is for a 5to; t Session?The House Psssts a Bill to Extend the Time ' >' tnr tK? of Taxes. Both houses of the Legislature sssembled in Columbia on Tuesday, , Jan. 11. When Lieut. Governor Mc^ ['?' Sweeney,in his gorgeous purple gown of office, called the senate to order at Hfi^^noon, the hum of voices ceased and H K&e senators hastsr ed to their seats. Where were no spectators either in the Mi^^eallery or cn the floor, and without a ' ~V hitch the body settled down into its : i: f: routine groove. ? if . 'The prccsecings of the day openedi fT with nraver bv the chaplain, the lie v. j. Mr. Wilfoughby, who asked that thej| v." divine spirit would make all the sena- : tors to realize that they were the rep rescntatives of the whole people. \1- 7 "Give them largeness of wisdom, V'-i:. v largeness of heart, sympathy and a liberality of spirit," he besought. 'Js The roll call sbovrei Senators Alex- 1 f?V. : ander, Archer, Brown, Buist, Connor, j l - Dean, Dennis, Douglass, DuBose, j 1-. *' Gaines, Grffitb, Hay, Henderson, j I/'.i- Love, Mauldin, McCalla, McDaniel, j F :y- Miller, Moses, Mower, O'Dell, Petti- r k"grew, Ragsdale, Scarborough, Sloan, j I Btaekhouse, Saddath, Turner, Walker,} . . ?' Wallace and Willisms present. The V/ only absentees were Senators Norris. j ' Sanders and Talbird. j At the conclusion of the roll call, j: V . Lieut. GovernorMcS^eeney made a!: , short speech of welcome, in which he j . ... .... : rv Senators: Alter a paruog oi ucaxiy j? a jear we meet sgain to discharge the j V;" duties of this co-ordinate branch of the [1 Vlegislature of the State of South Caro-j '< lina. I feel assured that we have, one j and all, come to this session with the | ( vV.- full determination to perform those!' ' duties in such a manner as to merit ] and obtain the approbation of those who sent us here; whose welfare we ' have at heart, and whose intert sts we < are bound to subserve. So far as in me lies, I shall endeavor \ to discharge to the best of my abiiity . the duties devoling upon me as the ' >/,. president of this S6cale. Inthedis ] charge of these duties I depend for ' success less upon my own ability than I do upon the kindness and courtesy < which you hava hitherto shown me I ' | ? as your presiding officer. 11 r"'- ' I trust that all our deliberations will: * " 1 ?Si-1- -3 u ? } oe attended Willi peace iuiu imrmvuj. : \Whether Reformers or Conservatives, we are all Democrats. The grand test ] of our political creed is patriotism i t . alcnie, and we are all here laboring 1 for the good and the welfare of our < I common mother, South Carolina. Our j sole aim and object is to sse that such < laws are enacted as will tend to the 1 benefit of the people, redound to the r honor of the State aod secure to the ] citizens of South Carolina that happiiness and prosperity which should al ways attend "a government of the < r people, for the people and by tfce peo- ; pie.* ( ^ Greeting you with my heartfelt L wiah?S_fer-a profitable, a pleasant and : harmonious session on your reas- | B ^pnUing cmce more, I ^ow announce ? Bkat the senate of South Carolina has nivened in general assembly and is | +n tfiA discharge of ) T-?J ~ o ? Hausmess. \ Having cor eluded his speech the ^ resident, according to the order of I: K>rocedure, instructed the sergeant at-1 Hp arms to escort the new senators to the ] K front of the stand to receive the oath! WB of cffice. Senators S. G. Majfield,}" ff now of the new county of Bamberg; j b Wm. T. Jeffries of Cherokee, C- A. ! f&BP C.Waller of Greenwood, J. EL L?s- , Pr esne of Clarendon and T. 0. McAlha- ' ney of Dorchester all qualified. Senator Brown moved that the chair ( appoint a committee of three to notify ( the governor that the senate was organized and ready for business. On : this committee the ^resident annoint ed Senators Brown, Dean and Moses. { They returned and reported that the) governor, through his private secre- ! tary, would soon communicate withj the senate- [ On motion of Senator Sloan, the clerk of the senate notified the house that the upper branch was ready for ^ business. IN THE HOUSE. The House assembled at 12 o'clock. The roll call all the members present except twenty-four. When the roll had been called, the | chaplain, Dr. M. M. Kinard offered a fervent though brief prayer, in which he expressed the hope that the body would accomplish that which was best : for the good of the country and the i State. Speaker Frank B. Gary then took ' the chair and addressed ths members . as follows: (, Gentlemen of the House of Eep-j; resentatives: We have again assem-j; bled as the agents of the people of jl South Carolina to enact such laws as 11 in our judgement are useful. Com- ] ing as -we go from all sections of the State and representing as we do all classes and conditions of our people, it must be known to us all that the ; past year Has been one of unprece- ] dented hardships upon the masses; < that there are many to whom the taxes < to ran the government are positively i a burden, and that they are looking to 1 us to lighten 1hose burdens as far as < ^ we can. It behooves us to do so. Let i us dispatch the business before us as ; expeditiously and as economically as i hfto is consistent with efficiency. ? There are an unusually large nuinfer cf elections to be held by this general assembly. My observation has been that this houss never settles down to systematic work until these elections have been disposed of. If then we would not have this session protracted to an unseemly lergth, we should dispose of this work at the earliest day possible. Since our last adjournment I have ' by virtue of the power given me as - speaker, issued four writs of election? J one to fill a vacancy occasioned by the resignation of Ron. T. A. Graham, a member from Abbeville; one to fill a vacancy occasioned by the resignation , of Hon. D. M. Miles, a member from , Spartanburg; one tcfill a vacancy cc- : casioned by the resignation of Hon. C. A. Barry, also a member from Spar- ' tanburg, and ore to fill a vacancy oc , casioned by the untimely death of | Hon. L. K. Armstrong, a member , from York. The several boards of commissioners of election have made their returns to me, -wherein they declare that the following named gentlemen have re- ; ceived a majority of the votes in the several counties: la Abbeville, M, P. DeBriihl; York, Horace E. Johnson ; Spartanburg, D. E. Hydrick and & feW ' s?'V,-. - F. C. West. E oping, gentlemen, that the result of your labors may be a blessing to South Carolina, and that harmony and good fellowship may continue to characterize your labors, I now commend you to the work before ycu. At the conclusion of the speaker's remarks the four new members named therein appeared at the bar of the house and were sworn in. On motion of Mr. Bacot a massage was sent to the senate notifying that body that the house .had organized and'was; ready for business, Imme diateiv aiterwara me ciers or me senate arrived and announced that the upper house was likewise ready for business. At this junctures committee consisting of Messrs. MagilJ, McCulIcujh and Gadsden was appointed to wait on the governor and notify him that the house was ready for business. At this juncture the governor's mes sage arrived, being presented by his private secretary. It was immediately read, the members received their copies a few moments after the reading had commenced. Close attention was given the message. It will be found elsewhere. On Wednesday ths joint resolution io extend the time for the payment of taxes to February 20 being reached. Mr. Wyche moved to indefinitely costpore the bilL " - - - - # ? -B J3iir. ivaicsiora iavoreu iuu tuetusura. la his ccuuty a large number are behind with their taxes. They will not be able to pay unil they borrow money for current expenses. It is necessary now, because of the low price of products. Mr. Simkins emphasiz2d what Mr. Raicsford said. A great many citizens are behind. Mr. Sturkey spoke of the hardships af the past year from a financial standpoint and hoped the resolution would pass. Mr. Efird opposed the resolution, rhe treasurer o? Lexington says that taxes in that county are nearly paid, [t would be an injustice to taxpayers who bad paid to extend the time to Dthers. Mr. Limehouse, of Dorchester, said i great many citizens of that county bad not paid because the very existence *?f thfi enunttf wsa ill litieaticm. His people would be ruined if the penalty was imposed. Mr. Ashley favored the bill. In Anderson 2,000 have not paid taxes. The state would lose nothing by extending the timeMr. Wyche said that he had hoped never to hear of extending taxes. Men have a whole year in which to prepare for payment. It is a pernicious and Injurious habit to extend. It forces the state to borrow money. The principle ought to be established once and forever that taxes must be paid by January 1, and people would prepare to do so. He said that he had talked with Governor Ellerbe and he was apposed to the extension. Mr. Skinner said that the gentleman from Edgefield had expressed the condition of affairs in Barnwell. Oa tbe roll call the resolution was adopted by a vote of 69 to 37. The House on Thursday passed the Reynold's bill letting the public printing out bo the lowest bidder and the Tr ,. , , y i _ . senaxe neia memorial services id honor of Gen, Jchnson Hagood. A great many bills has been introduced in both houses and the indications are that the members while talking short session is preparirg to spend at least a month or two in Columbia. A Great Pools Free! When Dr. R. Y. Pierce, of Buffalo, N". Y., published the first edition of his great work, The People's Common. Sense Medical Adviser, he announced it _ a _ mi t\r\r\ r\r\r\ - 1 J t_ _ 1 J [nax aner oev,uuv copies aaa osen soia at the regular price, $1.50 per copy, the profit on which would repay him for the great amout of labor and monay expended in producing it, he would distribute the next half million free. A.s this rumber of copies has already been sold, he is now yiving away, absolutely free, 500,000 copies of this most valuable common sense medical work ever published?the recipient only being required to mail to him, at above address, twenty-one (21) onecent stamps to cover the cost of mailing only, and the book will be sent postpaid. It is a veritable medical library, complete in one volume. Contains 1008 pages, profusely illustratsd. The Free Edition is precisely the same as that sold at $1.50 except only that the books are in strong manilla paper covers instead of cloth. Send now before all are given awav. small Pox at Groers. A special to the Columbia Register from Greers, S. CM says rumor of smallpox in that section have been ripe, but no credence was placed in them until Thursday, when Dr. Fred, James pronounced the disease oi James Lynn the genuine article. This is the first appearance of the plague among the whites, and everybody is being vaccinated. This case can be traced to Greenville, and almost directly to the Stenhouse house. Opposed 50 Webster. A special dispatch to the Columbia Register says. Senator McLaurin, now ill, has requested the finance committee, in charge of Internal Rev3nu8 Collector Webster's nomination, to take no action in regard to the matter till he can be heard, which -will be done. 0? course, the implication is that he will oppose the confirmation. It is also ascertained that Mr. Webster has opposition from within the ranks of his own party. Eighty were Drowned. Latest advices from the Orient state that the Japanese transport steamer Nara, of 2,510 tons, bound to the Peccad eres was wrecked Dec. 24 and about SO lives lost. The only survivors were Sve -seamen, who were picked up by the steamer Madsum Mara. Captain Yasuaa of the Japan navy, and nine cadets were among the missing. The vessel struck an uncharted reek, her cargo shifted and she went to the bottom. They Don's Pay. The Columbia Register says another original package establishment is to go out of business in the state. Commissioner Vance Thursday received a request for shipment tags fnm Peif fer & Co., of Cincinnati, who will close up their place at N weberry. Only last week another establishment was closed in the same city, for the lack of business. Destroyed by an Eartfcqa&ie. Ail official dispatch from Batavia announces that the Capital of Amboyna, one of the Moluccas Islands, has been completely demolished by an earthquake. Fifty persons were killed and two hundred were injured. I THE GOVERNOR'S MESSAGE. ; A VERY SOBER NOT TO SAY SOMBRE PUBLIC DOCUMENT. The PecpTe not to be Congratulated on the Condition of Affairs Within the State? The Finances ol ihe State in a Very TJncstiafactory Condition. The following is tbe message of Governor Ellerbe read in both houses of the General Assembly last Wednes dsy: To tbe Gentlemen of the General Assembly: In this first annual rcesT 4Vie4 T nonnnt ennCTTSill Kgc X icgigu lUMW X VIWMW ?.? , late you and the people of the Stale upon the condition of affairs that face3 you today. But "while we have cot had the predicted return of prosperity, vre should recall with thankfulness the good health, peace and happiness we have b&sn permitted to enjoy. Without further preliminary I proceed to discharge one of the most important duties imposed upon the Chief Executive by the Constitution. The finances of the State are in a j very unsatisfactory condition. During I the session of the General Assembly, j for 1896, a levy o? four and a half I mills was laid to meet the current exI penses of the fiscal year, beginning I January 1\ 1897, and ending Decem| ber 31, 1897. Th* sum raised by this1 j levy proved insufficient to meet the expenses; and wo have, therefore, a I r\f *tnn flftfl trt Vv* fr?r_ ; By using every dollar from 6very ! available source and by overdrawing ! small amounts upon banks in which | large sums of the State's funds have been deposited, wa have met promptly all current obligations without borj rowing a dollar. The books were opened for the collection of taxes October 15, ana since that time we have used money thus collected to pay current expenses. This money now being collected, however, belongs legitimately to tbe current appropriation for 1893. By refasing to bsrrow $100,000, as is j often done, tfcough I have not saved the State any great amount in the way j of interest charges, I have refused to i sanction what appears to me to be a j bad policy?the policy of borrowing i | money at interest. j The levy for State purposes will b9 ] high, but you must remember that we { I Vto-rra a Aafi/vjf ryf 4100 000 Tint flf Tfllll" I making?to be provided for, and that the State will no longer receive any revenue for current expenses from dispensary profits, for under tha provisions of the Constitution all profits from the dispensary must hereafter go to the school fund. During the past year the general fund has been augmented by $92,000 received from tlie dispensary; the year previous this augmentation amounted to $100,000. The Governor then takes up the dispensary and what he says about the matter is j fully reported elsewhere. THE STATE'S EDUCATION SYSTEM. The Constitutional three-mill tax for school purposes yields on the present assessed value of property something over $500,000. This is a large sum to collect from a tax-burdened people, and this money should be so expended as to secure the best possible results. [With this increased expenditure of money on the public schools the people have the right to expect belter results than have heretofore been secured. In the cities and in a majority of the towns the schools are well sustain- j ed and meet the demands upon them; j but in the country the results are gen-j erally very unsatisfactory. With bet ? ter school houses and better equipment' and better teachers, boys and girls jj could be prepared for college at the 5 common schools in the country with-1 out needing to take a course in fitting schools preparatory to entering college. The State's educational system, including all schools, high and low, primary, secondary and collegiate, looks to one end and aim?to correct j illiteracy, to dispel ignorance, to train intelligent and patriotic citizens. It is sustained by public appropriations, gathered by taxation from every class of citizens. It exists for the benefit of all the people of the commonwealth, and all are interested in its economical and efficient administration. The system is a body composed of various capacities and funciions, to be exercised, not independently, but each in conjunction with the others; with constant reference to a common purpose, and upon a common plan. Harmonious co-operation is necessary and this implies organization, embracing in welfbalanced order, every part of thfi Vi-u1 intftlli gent and efficient officers. At present such organization and supervision are wanting; and the whole system is split into departments working each towards the supposed common end, but with no clear understanding or appreciation of each other's needs, methods and aims. There is, therefore, an unintentional but inevitable lack of sympathy and understanding, which makes a separate system of each branch of the State's educational plant, and stands in the way of that unity and co-operation which are the prerequisites of economy and efficiency. There is no headship, no leadership, no intelligent policy, no common purpose. Necessarily, the result is a duplication of work, a lack of connection, an uneconomical, because unsystematic, expenditure of funds, an inexcusable waste of energy, and, above all, an unsatisfactory effort to forward the> pause o' notrjlar education. An ideal plan would be the combination of all higher State institutions into a single co educational university, but at present this is notpractible, and the nest best measure is the organization of these now diverse elements into one system, properly directed by competent official*, who should be, as far as possible, separated from political entanglements and whose duties and responsibilities should be carefully defined by statute. The common country schools, the more flourishing town schools and the various State colleges shr.iilH hp sn ralaffld that nn fffin chnuld ~ &T occur in the succession of grades through which the pupil passes, from rudimentary to post-graduate studies. "Every step should imply the preceding step," every advance in cases should be a natural sequeace of antecedent preparation; so that the pupil who eniers the lowest grade, in the lowest rural school, might move forward, and wiihout a break, to an A. M. degree in the highest college in the State. Especially should the higher institution supported by the State be brought into co-operative relations with Pfloh r,thpir Thfvrpi should hfl nn duplication of plants and courses and chairs and appliances that could pessibly be avoided. If there are to be various State colleges they should fill as various fields of education work, and in answer to a rational demand ^ """ for sucli variety of advantages; moreover, each should be kept strictly to its o^n line of instruction. Furthermore, there must be no sentimental i hesitation in reducing the State's higher educational system to the basis indicated bv the people's actual needs, present and prospective. Lower edu- 1 cation should press ahead of popular demand and saek to draw the people - n 1-*--J-? OB lO 3 IU11 reaiizsuuu UI lucix uotwsities in this line of education and culture. But the higher educaticn may, ] for the present at least, be content to < meet effectively the immediate ds- J nand. From what has been said above l you may easily infer that the prime ; necessity for the higher education in i Slouth Carolina is that all the State < colleges be brought under the control < of a single board of trustees, who shall see that each is supported and expand- j ed according as the needs of the peo- j pie shall indicate. No one of these j 1 11 A 1 SU;JU1U uc aiiurycu to hi 5u\*u upuM j province of the others, or to take from | the necessary financial support of the j others. At present each State college has its own independent board who consider themselves responsible only for its support and for its success; and who are naturally not concerned, save in a sentimental way, with the prosperity or interests of the other State institutions. The control of the State's educational institutions is now in the charge of separate boaids of trustees for each college, divided as follows: South Carolina College, 17; Clemson College, 13; South Carolina Military Academy, 11; Winthrop College, 14; South Carolina State Colored Normal and Industrial College, 7. The work of the several boards could bo better done and at considerably less expense to the State by a board of seven competent members. The trustees of the various institutions are, at present, placed in an attitude of partisanship to their own interests and of indifference, amounting almosi to hostility, to the other State colleges. Thu?. each struggling to take care of itself alone, is by that effort brought into competition with the others instead of working with them and dividing with them. This breeds selfishness, distrust and antagonism among institutions that can flourish only by working in harmony. My belief in the necessity of State higher education is my warrant ior canany pointing out what seems to me the only rational and economical arrangement of its efficient administration. He then devotes some attention to the State colleges, the penal and charitable institutions, but as we have already published full reports of these institutions we omit that part of the message. PHOSPHATE INDUSTRY. Only $49,700 25 have been paid dur- ( ing the year into the State treasury ! from the phosphate mining industry. : This amount under tbe law must be devoted to the sinking fund for the re- ' demption of State bonds. You may expect a still smaller revenue irom this source next year. Competition with Algiers and Florida has so re- ' duced the price of phosphate rock 1 that some of cur miners have been ' forced to suspend operations. Those 1 who are engaged in the business are ! mining at a loss, -notwithstanding the ; fact that the board of phosphate com- i missioners reduced the royalty from fifty to twenty-five cents per ton. On ! the first day of April, 1897, the phosphate commissioners met at Beaufort [ to inspect the phosphate territory, i The phosphate miners were invited to * be present and they were all represented at the meeting. After thorough 1 investigation the ooard adopted the following resolution: "Resolved, That on and after April 1,1897, the royalty to b^< paid to the 1 State of South Carolina ;y all persons, 1 corporations or companies mining phosphate rock or phosp hate deposits from the beds of navigable streams 1 and waters of the Stato ind marshes ; thereof, shall be, and the same is : hereby fixed, at the rate of twenty five ; cents per ton of dried rock, so long as the price of said phosphate rock, free oil ooara 10 ins saia miners at iaeix several mines shall be three dollars per ton or under; but in case there shall \ be any increase in such price over and j a'jove thre9 dollars per ton, then and ! in every such case, there shall be paid to the State an additional royalty per . ton equal to one half of such increased price over and above three dollars ! per ton, free on board. Provided, 1 that all phosphate rock dug, mined 1 and unshipped on hand on the first 1 day of April, A. D. 1897, shall first b9 1 accounted for at the royalty fixed by j the Act of the General Assembly, enti- J tied kAn Act relating to the phosphate 1 industry of the State," approved De- ] cernber 22, A. D. 1893. Provided, j further, that all companies shall pay ; into the State treasury the royalty "ill mo/la TW?fAW fA flift HpyjLl oil QUi^ULX^iaira luauo vu vuw first day of April, A. D. 1897." Soon after the adoption of this reso- ; lution citizens of Beaufort filed with the board of phosphate commissioners J a petition praying that the royalty < on rock already mined be also reduced 1 to twenty five cents per ton. On the ' 1st of January, 1897, the phosphate ] miners had on hand about 45,000 tons of :rock, which was subject to royalty, and on the 1st of April, 1897, about ! 49,000 toes. After due consideration ; petition referred to was refused. The board held that the royalty of fifty cents per ton fixed by the Act of 1893 should be paid on all rock on hand on the first day of ApriJ, 1897. The board took the view that the phosphate miners were bound, by the contract contained in the Act of 1893, to pay the rcjalty fixed by the said Act, untilit was changed by authority of the General Assembly. They further held that they had no authority, nor did they deem it right to make the miners a present of $12,000 then due the State. The Farmers1 Mining Company failed in October, 1897, being indebted to the Stat9 to the amount of $10,3S1 for royalty on rock- Tais amount has not yet been collected. The matter has been referred to the Attorney General and he i3 using proper efforts to collect the money due the State. The royalty now paid the State by the miners is on]y twenty-five cents r;#?n tr?n nrir) 1 that rather than make greater concessions it would be better if mining operations on the State's rights be discontinued. It seems unwise and unbusinesslike on the pait of the State to sacrifice these valuable deposits, while prices are so low and business is so depressed. On ?C30unt of the great quantity mined the price ofrockisnow below the cost of production. The supply of reek is exhaustible, and in a few years the demand will probably be greater than the &udd1v: then we mav resume mining at a profit both to the miners I [CONTINUED ON PAGE FOUR.] THE DISPENSARY. |j I l WHAT GOVERNOR ELLERBE HAS TOjt SAY ABOUT iT. 39 Thinks That We Moat Either Have j ( Prohibition or Continue tfce Present Law ? I 2 Without tha Profit Feat era. ^ The following is the part o? Gover- t TT.11 mcceoopQ 4Vio I I -LC4 a l^^AlUlUg vuv lispensary: The most difficult problem that confronts you is the regulation of the liquor traffic?and it is pour duty, as the trusted representa:ives of the people, to u=e your best efforts in satisfactorily solving this question. In my inav-rural address I asksd Shat no ma:-ml change be made in he dispensary law until it could be jiven a fair trial. This it had never tiad. Upon my recommendation She law remained as it was with She exception of a few unimportint amendments. On assuming the iuties of governor I undertook the enforcement of the law, endeavoring to do so with as little friction as possible. At first my efforts were encouragingly successful, but this success w&s uiiiucrtu vy UL&agjrccuicuw auiuug the members of the State board of con- . :rol. The management in the Sl&t9 1 iispensary and the bickerings and dis- T sensions in the State board disgusted ' some of the warmest supporters of tbe s Lacv, andciiued a great many to lose < iaith in the system. But by reorgan t ;zitioa of the force this mismanage- ? neat was corrected and the board has t since worked in harmony. Be it 3aid * to their credit, the dispensary is nov? t conducted in a more business like way < than ever before. Had it not been for * the intervention of the Federal Courts * [ do not hesitate to say that the dis- \ pansary would today have very little > opposition, and would have already proved, both financially and morally, i great success. The Federal Conrts have greatly crippled the law ana rendered futile ill my efforts for its enforcement, by holding in the case of Donald vs Scott that citizens of the State have a right to import whiskey for personal use. A. great many who were engaged in the illicit traffic in whiskey took advantage of this decision to import whiskey for sale; it thus became very difficult for the State constables to tell when it was imported for personal use only. The State constables, under my instructions, seized quantities of whiskey where there were suspicious ;w. < uiruuuiauuiuca uuiiuouccu wiuu iu iui- r porfcation; but upon application to ' Judge Simonton nearly all the whis- 1 key seized was released. Beginning with this decision, the J State has been involved in continuous ; litigation. In the case of ex parte Loeb Judge Simonton held that agents of liqour dealers outside the State ; might come into the State, take orders : for liquors and ship them to citizens of 1 the State. Encouraged by the above 1 decisions, the liquor men applied to . the United States Circuit Court for i greater privileges sad in the Vander300k decision were granted all they i desired. In this case the same Judge : held that citizens of another State ; might import, store away, and sell : liquors in original unbroken packages : of all sizes not less than one-half pint : rnis lea to tne opening, in me stale, !)f hundreds of private liquor houses ; and flooded the whole of South Caro- i lina with whiskey. Blind tigers, furnished by "original : package" dealers, began, the sale of : whiskey in quiet, peaceful communi- : ties where liquor had never been sold. Ln my efforts to enforce the dispen- : 3aryiaw as modifisd by the Judge's . decisions I met with great difficulties. : A.t one time Judge Simonton seemed I to assume the combined prerogatives of the Chief Executive and the Legislature of South Carolina, and undertook the amendment of the dispensary . law by iinjunction. The Governor, ! the constables, and all parsons con- ! nected with the enfore ament of the 1 law, were en joined from interfering in any way with the ''original pack- i ? 1 - * -5 - "1 A. 3 1 age ' dealers, anu a iaw enacteu uj the representatives of a sovereign 3tate was practically repealed by a i Federal Judge. When it was reported to me that Vara, Byrd& Co, ''original package" dealers at Bamberg, were selling whis- ' key xo drunkards, I immediately or- i iered the constables to seize their li- ; luors und arrest them for maintaining ; a nuisance. This was done, but they applied to Judge Simonton to have I the stock of liquors returned at once, : and asked that the constables and all : persons acting under them, or by vir- : tue of. authority from them, be re- i 3trained from further intermeddling i with the said property. This request . wa3 granted, notwithstanding wit- I aesses swore that they had seen the men who bought liquor at or about , the time of the sale, and that he was drunk. The Judge held that, to be < guilty of the offence of selling to a < drunkard, the party selling must J either know or must have substantial , reason to believe that the party buying , was drunk at the time. Again,in the case of E. J. O'Connor 78 George S. MeCravy, et al sheriff of | Lrurens County, notified me that four two-horse wagons had bsea sent to Augusta for wniskey and that on their YiGtJ U? tu JU2U10II3 UU | mation that the drivers were drunk I and boisterous and were selling whis-1 key from the wagons. I ordered theJ wagons and liquors S9iz3d as soon as they arrived at Liureas. Thereupon E, J. O'Connor filed a bill of complaint iu the United States Circuit Court praying lor a perpetual injunction restraining the defendants from seizing liquors of the complaisant. Upon this bill being filed Judge Simonton granted a rule against the defendants, requiring them to show cause why a temporary writ of injunction should not be granted; and at the same time he made a restraining order to the following effect, to wit: Enjoining the defendants from seizing or attempting to seize, ia transit, or after arrival, or otherwise carrying away or confiscating or detaining any of tiie liquors, wines or beer imported or sent into the State by the complainant; and furthermore commanding said defendants to forthwith deliver the horses, wagons, wine3 and liquors to the posstssicn and control of the complainant. In the above instances you can see some of the difficulties that have confronted me in the enforcement of the dispensary law. "Original package" dealers hava been allowed to sell to druakards, and from wagons on public highways. Whenever a seizure was made the complainant would hasten to Judge Simonton. who seemed at all times read j and willing to lend a j helping hand to such applicants .j fudge Siinonton's decisions and his mfriendly attitude towards those who vere charged with the enforcement of he dispensary law so completely denoraliz?d the State constohles that hey were of little use, and became alnost a dead expense to the State. The tost of maintain# the constables was ibout $1,000 per month. They were MAi'nA /%1? UI?UU b'J 1V1 xguj. bUW JU* OU" iral Judge would jail them for conempt. When they did make a seizire it was, with few exceptions, reeased and the constables enjoined, .nasmuch, therefore, as Jud?e Simo.iion had practically paralyzed the conitabulary, I dismissed the force, leavng the responsibility for the .enforcanent of the law, in the incorporated owns and cities, in the hands of the ;it7 and town authorities- I retained a ew detectives to suppress "blind igers" in the country, where the peo >le have little or no protection. The Dispensary Act makes it the duty of he State board of control to withhold ixeir share of profits of the dispensary rom any town or city in which the authorities do not enforce the law. 3o far the profits have been withheld rom the town of Sumter, and I have ippointed a constable, to be paid out >f the town's share of the profits, to sse hat the law is enforced there. We have, then, to face the foliowng condition of aff?ir3: Under the jrotection of a Circuit Judge of the Jnited States Court liquor is being sold throughout the State, in the ;ountry as well as in the municipalities, and in defiance of the laws cf the. State. Tiie rights of a sovereign State o police and regulate the liquor trafic in its own way is nullified and rampled under foot. The Act of Congress of July 8. 1890, has been, so 'ar as South Carolina is concerned, epealed, and we are told that the en ictment of prombitioa alone gives a j State the right to exclude ' 'original sackage" dealers, unless the prcni feaiurea of the dispensary is destroyed. ?he language of Judge Simonton in be Vandercook case is as follows: lIf ail aloholic liquors, by whomsoever held, are declared contraband they jeased to belong to commerce, and are within the jurisdiction of the police x)wer. Bui so long as their inanuacture, purchase or sale, or their us9 is a beverage in any form cr by any person, are recognized, they belong to jommerce, and are without the donain of the police power." The power to license the sale of liquor, to the exclusion of these Inter-State commerce dealers in "original packages," a as been therefore destroyed by this iecisioa, unless it should ;b8 reversed by the Supreme Court. The Attorney of fVia Qfo+A Vioo ar?r>oolorl Knf mouvxaj. v/i wiam !h9 appeal will not dq heard until March. ?, too late for you to know what the decision will be, in time to j legislate in accordance the with. It cannot be doubted that a large ma- j jority of our people favor the dispen- j sary'law, if it can be secured against j the interference of the Federal Courts, i rhree successive General Assemblies j have declared in favor of the dispen- j 3ary as the best method of dealing I with the liquor question. Oar Rspre-1 sentatives iUjCongress are at work to secure additional legislation for the protection of the State against the interference of the United States judiciary. The United States Senate has already passed a bill by unanimous vote giving the complete control of iutoxicants to the State, and it is hoped thai the Houss also will pass it. But we muss have immediate relief from the present intolerable conditions. Free liquor, with its accompanying increase o! drunkenness and the consequent increase of crime must, at all hazzards, be got rid of. As I have said, a license law will not secure immunity from this eviL Judge Simonton has destroyed, along with.. the dispensary, the license system j when run for profit. What, then, is j left to do? We must either enact pro-1 tiibition or continue the dispensary system without the profit feature. Many?a majority, I believe?do not; think prohibition is practicable; and many have opposed the dispensary system because o! the profit ieature. We can certainly get rid of the "orig- i inal nackajre" dealers and their demoralizing traffic by continuing the dispensary, shorn of all profits and ad-1 ministered only as a police regulation to control and reduce the liquor evilThe Federal Judge will have neither occasion nor excuse for his ever-ready injunctions, if that system shall be inaugurated, unless he shall again reverse his own previous decision. This, then, auneais to me the best and &1 most the only thing left us to do. Wa might try this policy fcr a year, and next winter, after Congress shall have acted, or failed to act, and after the 3upreme Court at Washington shall have decided what is to become of the 3tate's power to control liquor uiidar the Wilson bill of 1890, we shall be in a position to take fiaal action. It is useless for me to make an extended argument to show that our 3ystem of liquor control is a proper exercise of tne polic3 power, and that Judge Simonton is wrong in his decision denying this power to the State. But as facts speak louder than words, I will give the testimony of ministers of the Gospel in the State as to the effects of the dispensary law on the morals of the people and on thereduc tion of drunkenness among Mem. Out of four hundred and sixty-three answers received from the ministers of the State to question submitted to them in a circular letter, dated October 1, 1897, three hundred and sweaty-four reported a aecrease on drinking of 46 1-3 per cent, and a corresponding decrease in drankeness since the dispensary law went into effect. Sixty-nine reported an increase in Hi-inkinc nf K4. 3?4- fiftnt. Yet. in the face of such testimony as to the good results of the system, Jud^eSimonton declares it is not a police measure. What then is the police nower? Here is a definition of the United States Supreme Court itself: "The police power includes all measures for the protection of life, the health, the property, and the welfare of the inhabitants, and for the promo tion of good order and the public morals. It covers the suppression of nuisances, whether injurious to public neaiin, lite unwnoiesome traces, or io the public morals, like gambling houses and lottery tickets. The police power extends to things not only intrinsically dangerous to tbe public health, such as infected rag3 or diseased meat, but to things which, when used in a lawful manner, are subjecls of property and of commerce, and jet may De used so as to oe injurious cr dangerous to the life, the health or the morals of the people. Gunpowder for instance, is a subject of commerce, yet, yet, because of its explosive and dangerous qualities all admit..that the State may regulate its keeping and sale. And there is no article, the right of the State to control or to prohibit the sale or manufacture of which within its limits is better established than intoxicating liquors." There is profit to a State in any form of licenses, yet license has been held to be a police regulation even when protecting license holders in a monopsly of sale, until Judge Simonton's recent decision, above quoted, allowed liquors in "original packages" to enter a State "so long as their manufacture, purchase of sale, or their use as a beverage in any form or by any person are recognized." Inter State commerce has, according to Judge Simonton, destroyed the police power unless a State declares the usa of liquor as a beverage to be contrary to good morals and against the health of the ueople. No license system does this. We cannot, therefore, get protection from 'free liquor" by such enactment. We can, however, gat relief by doing away with the profit feature, as the following quotation from the Nandercook decision shows: "The decision of the Supreme Court of the United States must control all Circuit Courts. By this decision it is clear that so long as the State herself engages in the business /> f i onr! colJinrr liquora for the purpose of profit; so i long as she recognizes that tfie use of alcoholic liquors as a beverage is lawful and can be encouraged; so long as she seeks a monopoly in supplying these liquors for that use, and in this way looks to an increase of her revenue, she cannot, unj der her Constitutional obligations to j the other States of this Union, control, I hinder and burden commerce in such | articles between their ciiizens and her I own." Here is the law and we must j obey it uatil Judge Simonton is over- j ruled by the Supreme Court or by Congress. Under a license system, I -1- - - - ni.i. 1 j I masmucn as sue estate wuluu recsivoj money, these "original packages" would continue to come in and Judge Simonton would continue to "enjoin" the State cfficars from interfering with them. Let U3, therefore, do: what is left us, and wait for action at; Washington. The money used in; conducting the dispensaries and in en-1 forcing the law could not be regarded as profit, but as expended purely and solely for maintaining the morals and health of the people. Judge Simonton might declare this not to be an exercise of the police power; but we will have to risk it, and depend for our security on what he himself has written in various decisions. Smallpox or Chlckecpox. It is certain that the cases of eruptive disease now prevailing among the students at the Colored State College at Orangeburg are traceable to the Stenhouse family in Greenville, and the character of the disease at Orangeburg depends altogether on the character of the disease that attacked the Steahouse family. In the light of these facts what follows below will be of interest. A writer in the Greenville New3, in discussing the smallpox scare, says: "If it were not for certain things I, for one, would think that we nave not had a case in the city. Dr. Woodrow, who is eminent authority, convinces us that strange effects result from evolution. We are told that germ inoculation produces I wonderful developments and changes. 1 Who has not taken from a meUon | vine, fruit that had the taste of a j gourd? We are told that this results from the pollen oi a goura Dicom finding: its way to a developing melIon. This is reasonable enough and therefore we agree that when Stenhouse, blooming with some frightful plague, was being an emitter of germs, baccille, fallen, as it were, of some sort of disease, Gcd knows what, that those who came in contact with him would become infected with thai which afflicted him. The fact is the Stenhouse disease germs have spotted many a ore and as the developments, the evoluted-forma, differ in type, we are at a greater loss*to say what ailed Stenhousa than wa are to answer ] ''What's the matter -with Hanna?" 3ome say it's smallpox, some that it is cbickenpox, and we are getting wonder full frightened. There is some talk about compulsory vaccination being inflicted to prevent the spread cf the Sten house?we would say what, (but some on3 might get mad about it) when, at the same time, we are told that, up to this time, the remedy (vaccination) has proven the greater evil of the two." From the above it seems that there is a difference of opinion as to the character cf the disease in Greenville, from which undoubtedly tbe Orangeburg disease sprung. Facts of Interest. A Scotchman took the seed of theh national flower, the thistle, to Austra lia. Now large tracts of land are nearly rendered worthless by it. Some fool of an American brought over some sparrows to kill the lice and other insec's on the shade trees of an eastern city. Today they are a nuis ance in nearly all the Slates of the re public. Plantain and dog fennel and the Canada thistle are importations witl more than one other weed pest, A good botanist should insect every package of seed which crosses th; ! ccean this way. Some Eaglishman took a pair o rabbits to the same land. They in creased so that the government ther< has expended more than a million o ; dollars in efforts to be rid of them | And they seem as numerous as eve? I Rats infested the island cf Jamaica [ so that they interfered badly witt ! cultivation,. The government brough a start of mongooses from the East In dies, a small a aimal said to be deati on rats. Not long ago Proud, th< i historian, vrrote of the mongoose it ; Jamaica, "having been introduced t< Ux.erminate the vermin, has be came . i -vermin itself." Spesklrg ior McKin!?y. Senator Chandler had a conferenci "with President McKinley, a few day ago, on the subject cf bimetallism |snd after the interview said: "Th< president stands firmly in favor of in ternational bimetallism as promisee by the St. Louis platform. He con siders the negotiations with the European powers only temporarily sus i pended on account of the peculia ; condition of affairs in India, and it i the president's intention to again senc : his envoys to Europe as soon as _th conditions are favorable for centinu ins negotiations." Senator Chandle added the opinion that the president i as earnestly ia favor of bimetallism ""the use of bothmetais as standard money?as the senator himself. 1 great many however, do net agre with the senator. Tney think tba thepresidnteis in doubt as to exsctl. L what he thinks. A TERRIBLE TORNADO. DREADFUL LOSS OF LIFE AND DESTRUCTION OF PROPERTY.^ Numerous Houses Kszsd to Ground? many jtviiiea uninsm wr zm? ? Burned to Death?Many Irjored, ; One of the worst storms that ever visited that section tore throagh Fort Smith, Ark., on Wednesday night Tvro score of human lives and upward of $1,000,000 worth of property were destroyed by a tornado. The storm struck near the National cemetery and tore its way through the entire" city leaving its path marked by death and desolation. Men, women and children, . peacefully asleep in their homes, were without a moment's warning, awaken ed to a horrible death in the fearful storm, while others momentarily more fortunate, and who escaped the furies cf the wind, met a far worse fate a few moments later in the flames which soon engulfed many of the wrecked buildirgs. Amid the horrors of crashing buildings, the roar of the storm and the cries of the wounded fire broke out in a number cf pieces, and the depart| msnt was unable to cope with the new danger, arm is is snown max a aozen r or more bodies were cremated. The storm cams up suddenly from the southwest, striking the city at 11.15 o'clock p. m., and in almost the twinkling of an eye a lar^re portion of the city was in ruins. Every physician in the city was summoned and all are now busy at work dressing the wounds and binding up broken limbs. The dead are taken to the most convenient places and let I: with the living, the searchers returning inquest of other bodies. Alter leaving Fort Smith; the storm traveled to the southeast, and while reports are meagre from the county, several fires Hsve been seen burning along in its wake, and the town of Alma, nine miles to the southeast, reports several houses blown down and. it is thought several have been killed there. Hundreds of persons have been injured, some fatally and others badly. The morgue is taxed to Its utmost capacity aid additional bodies are being brought in every few minutes. Altogether the scene at this place is sickening and horrible. A heavy rain followed the terrible tornado, and it was probably 20 minutes before the city awoke to the fact that it had been visited by a fearful calamity. The fire department was called out, and in less than 30 minutes Garrison avenue especially in the vicinity of the wreck, was crowded with people and willing hands and inquiring friends, who were anxious to render all the sod that the emergency required. The scene in that neighborhood of the wrecked city was horrifying. Men and women, clad in their night clothes, from the neighboring houses were seeking shelter and calling for aid for some absent member of the family or friends who failed to escape from the wreckage of the buildings in which they had been Jiving. Men, women and children sought refuge in CKeefe's saloouy and were afforded shelter. In the back-j>art of the saloon a number of the indirect >tere stretched out onttrenoor witntnuy tness^nriu - ?- clothes to protect them from the c&Mly night air. The tornado crossed the river one half mile south of Van Baren and tore a path 200 yards through Crawford county, and dealt death and devastation to everything in its path. The first house it struck was that of William Hines, occupied by a colored family, who left the house just as it left its foundation. The house was demolished, but the occupants escaped. The next house in line was Frank Boatright's. It was a large two-story house, and nothing remains of it but the floor. Boatright, a son and a > daughter were badly injured. The house of Walter Haley and Mrs. Keller were on an adjoining farm and were blown entirely away, not a ves tigs of them being left. The families of both vrere injured. Shelby's store and dwelling were blown down, bat none of the occupants were injured, i Charles Wright was blown from his ; house and fatally injured. Ed Blakemere was instantly Milled by his house blowing down on him. The house of . Mrs. Bash was demolished and she [ was crushed into a shapeless mass of j flash and bone and two of her chil; dren, aged 8 and 16, were fatally- hurt i It is estimated that 100 head of cattle " * At XT. and Horses were m me paiu ui mo wtnado and were killed or injured so badly that they had to be killed. It is five miles on a direct line from Van r Buren to Fort Smith and debris from there is strewn over the ground three i miles beyond here. A mass meeting is being held here tonight to relieve . the destitute. i Small Pox at Lur?y. L The Columbia Register says: Lieu tenant Governor McSweeney received a letter from Rev. John Morrison Thursday stating that there was a case s o? smallpox at Luray in Hampton 1 county. This is a station on the Flo. rida Central and Peninsular railroad, and Mr. Morrison asks that the board of 2 ue&lfcii U3 XCqUC?'.CU. L\J ccuu UW T?i* WV^AV vaccine points. Lieutenant Governor ^ f McSweeney has sent three hundred . points to Hampton court house to vac3 cinate the children in the town and f vicinity. By th? Ski a ot His Tee h. The two houses of the Ohio Legisla, ture met in joint session Wednesday ? for the election of a United States t Senator, the candidates being Mark Hanna ar.d Mayor McKisson, Lieu" tenant Governor Jones announced 5 the result of the joint ballot as Hanna i 73, McKisson 7, Lentz 3, absent 1, and 5 declared Marcus A. Hanna elected for I < > HI W44 ^ 11899. Haena was elected for the long | term, also, so that he will be Senator 9 S until 1905. _____________ s | BeHeved In the Gray. , Besjamin F. Keiiy has just been e made town marshall of Fort Gaines, Ga., for the third time, although the } city council's^order that he change his uniform of Confederate gray to - one of blue was not obeyed. "You i- can defeat me if you like," was Kelr ly's defiant reply, ''but I am going to o irroai* ovaTT r\-? oivr?a tin rmr "inV? Thfl * 6*^ fc-* *w ?r ? .7 ? 1 bluecoats snot off my left band, and I e will never wear a uniform of that i- coior. r S Harmless Smallpcx, - The Atlanta health authorities re" port that the smallpcx scare in that city has subsided completely. In all, e the health officer reports, there were .t over 400 cases of the disease and only Y Vi asatns, neiiner 01 wmca is aitriDutjed entirely to smallpox. \ .-Is