The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, June 01, 1887, Image 4
The Press and Banner.
ABBEVILLE , S.O.
Wednesday, June 1, 1887.
THE MISSION OF THE PRESS.
The Xurnc of Domestic Purity ami
the Guardiau of Public Virtue?
Tlie Handmaid of Religion ami
the Bulwark of Liberty The
Great Educator at the Fireside,
the Market Place and the Forum.
PttEMICMS TO BE AWARDED :
835 for the Best Essay or Story;
813 for the Second Best Essay or Story.
The essays or stories tending to show?
1. The value of a properly conducted press
as a teacher and exemplar.
2. The moral obligation resting upon parents
to ftirnlsh proper newspapers to their
households.
3. Convincing arguments that money spent
for newspapers is worth more to the general
welfare of the family than any equal sum of
money spent for any other purpose.
4. Be#lde? the above, any other thoughts or
suggestions which may go to impress the people
with the fact that the newspaper is scarcely
less Important to tho family and the yontli
of the country than the school teacher and
the pulpit orator.
The undersigned desiring to give increased
interest to the ooiumns of the Press and Raniter,
proposes to award the above named premiums
to the best and second best essay or
story, upon the subject indicated.
Awards will be made by a committee of
three disinterested gentlemen.
The essays or stories to be handed in by the
first of September next, the writers giving assumed
names, and keeping back then* true
names and places of residences until the
awards have been made. This is to insure
perfect impartiality in giving awards.
The committee will have the right to withhold
the premiums, if in their judgment the
essaysor stories Call to merit the prizes ottered.
All essays or stories submitted to be the
property of the Pi-ess and Banner.
Addresa PRESS AND BANNER,
Abbeville, S. C.
Pauper's Paradise?Free Education
and Free Beef.
The working people and the property holders
of the city of Columbia and the county of
Rlohland are annually made to pay large
sums.of money to educatc the children of
white parents and negro parents, who are
either unable, unwilling, or too lazy, to earn
the money, and they have, we believe, several
hundred children of both races in the same
aehool In the city of Columbia.
The poor people have done themselves a
good service in taking, to educate their own
children, the money of.their richer neighbors,
and In appropriating a share of the net
earnings of such citizens as are willing to
work, and are trying to accumulatc something
for a rainy day.
But, we believe, they have neglected a mat
ter which is of vital Importance to paupers?
a sufficient snpply of beef. These poor people
are entitled to a living. No man has a
right to amass a fortune while the children ol
respectable white paupers are carrying a fox
1? ~""1 fliA fnr?f>c nf Jit
in tueir siomncns, muu nUU? v?.^ ...?
tie negroes grow dusty form the effects of
hunger.
The great need of Columbia Is a free beef
market, and steps should be taken at once to
establish this Important Institution.
We can use all the arguments In favor of
this beef business that Is now applied to the
schools. By having an immense beef markel
for the benefit of everybody In the city,
the saving would be immense. Only one |
superintendent or head butcher would be i
necessary, and he could have the beeves killed
In the most skillful manner, at the least j
expense, and the further preparation of the
flesh for distribution could be effected at the
lowest possible price. One immense stall
with a slDgle superintendent, and assistant
beef-ohoppers, would be much cheaper than
many smaller stalls with a superintendent
for each.
Any objection to moiling paupers realize
that they are mendicants, conld be obviated
by merely cutting of! a bone for those who
furnish the feast. If they fail to come for it
no blame eould attach to those who compelled
their neighbors to furnish the money
with which to buy the beef. By giving the
rich an equal ohance at the beef, the paupers
and their children could get beef In a way
which would be fully as honorable and fully
as respectable as that which they have provided
f?r their rich neighbors.
When Columbia gets a free beef market as
an annex to her big free school poor folk and
negroes would have reason to be happy Indeed.
The children could bring their beef
homo'from school without even the entra
trouble of going to mnrket for their rations.
Let the people agitate this matter. Somebody
took the lead in the free school business,
and we see no reason why Columbia should
not lead off in the free beef market. The
people need sot hesitate. Beef Is an Important,
If not a necessary, part of our food. The
public welfare demands that all people
should be well fed. No discrimination
should t>e made against poor folk, lazy folk,
and little negroes. No man should go hungry.
Does not the Bible Itself command us
to feed the hungry, to cloth the naked, and to
give water *o the thirsty ? But where does It
oommand us to educate little negroes ?
Confiscating the White Man'x Property
for Negro Education.
The total enrollment of pupils in the schools
in this county,outside the city of Columbia is
8,752, as follows: white?males Mi, females
506; colored?males 1,337, females 136. The total
number of white pupils is 1,<W8 to 2,704 colored,
showing that there are 1.6.V1 more colored
children than whites attending school In
the county.
The total number of children attending the
puouc Bcnoois in mcnianu county, including
the city of Columbia, Is r>,388, of which 1/J16
are whites and 3,472 colored. These figures
show that there are 1,556 more colored thnn
whites attending school In the county of Iticliland.
This makes a big showing for the
brother In black and goes to show what his
opportunities are under the beneficence of
Democratic rule.?Columbia Jlccord.
The Record would boast of Ihe above state
of facts, which must. In a measure account for
the depression of values anil the lack of thrift
at the State capital. The few property owners
of the city are mulcted In large sums of
money to educate a race of people who have
110 sympathy or feeling In common with us.
Will the Record now tell us how much in
pensions that city votes to needy Confederate
soldiers and their widows?
Will the Record please Justify the net which
assesses tribute from poor Confederate soldiers
to educate these people to whom we are
under no special obligation ?
Will the Record state whether the asserted
anxiety to educate little negroes at the expense
of Confederatr soldiers, while the needy
of their own number Is neglected, is sincere
and realf If so, can it account for our ingratitude
to the neglected Confederate soldier
and our excessive love for the negro
upon any other assumption than that we desire
to conciliate our^onquerors? Our fathers
did not believe In public education and they
had fewer illiterate children than we have today.
Tbey stimulated that self-respect which
prompted parents to educate their own children.
From the Record's statements we infer that
the city of Columbia is a good place for pauper
children of all sorts, and especially or
pauper negroes, but a very poor place for
property owners or tax-pavers.
The official announcement by the National
Orange of Hon. D. Wpatt Aiken's death adds
another beautiful tribute to the worth and
character of Abbeville's beloved citizen, who
was true and brave In all the relatives of life.
"Contrary to the Provision* of the
Constitution.M
Some of our contemporaries, among them
the Abbeville I'ress awl Banner, are still
claiming that the decision of the Supreme
Court, in Aultman, Taylor & Co. r*. iuism wus
contrary to the provisions of the Constitution,
etc. It'is very easy to say that anything is
I unconstitutional, to show It I* quite Another
t liing. J list as a spcimen ol a legal argument
from the press, we invitcour contemporary to
the task of showing the exact particui;w ::i
which the decision in question overrides the
Constitution.? W'innxboro Xctvs and Herald.
Presuming that our neighbor is sincere in
his desire for light on this subject, and knowing
that a Judge on the bench recently told
a lawyer that he di<l not care to hear his (the
lawyer's) opinion, but would be glad for him
to cite authorities, we will therefore cite
authorities to support our assertion that the
decision of the Supreme Court in the Hush
case was "contrary to the provisions of the
Constitution."
In the tlrst place, we will ask our brother's
careful nttentiou to the reading of the dissenting
opinion of Associate Justice McGowan.
In tlie second idnce, we would ask our brother
to read carefully the judgment of Circuit
Judge T. H. Fraser, which we copy into these
columns for the.especial benefit and enlightenment
of the M'innshoro' News aiul Heraldy
and all others who may entertain a doubt on
this subject.
In the third place, we would ask attention
to the fact that certainly seven of the eight
Circu't Judges dlisentfrom the opinion of a
majority of the Supreme Court.
In the fourth place, we would ask our brother's
attention to the fact that as lar as we have
heard, the Abbeville Bar, except in the individual
c.i;-cs where the members are more or
less dircctly or remotely Interested, believe
the Judgment was erroneous.
In the fifth place, we have been reliably informed
that nearly all, if not quite all, the
lawyers in Charleston believe the Supreme
Court erred.
Having answered our brother's question at
some length we trust that we rany be par.
doned if wo now ask him to cite authorities
to show that the words "as to" properly mean
for the benefit of." It there are law-givers,
law-makers, scientific, literary or religious
writers who can be cited as authority for putting
such construction on these little words?
"as to"?our neighbor will do the Supreme
Court a grateful service by producing the
same. The Court in this dilemma needs ail
the help they can get to support them in their
monstrous judgment In the Rush case, which
is contrary to law, and violative of the Constitution.
Ordinarily a Court may cite authorities and
split hairs until even good lawyers may have
to assent to the opinion of the Court, but In
this case the words of the law and the Constitution
are so plain, that any one with sufficient
education to rend plain English, and
with sense enough to goto mill, need not be
deceived. The Court is wrong; there can be
no rubbing it out, and Judge Eraser's opinion
can have no other effect than to prove the
error of the Court while it furnishes the
strongest argument for the reorganization of
the Supreme Court as suggested by the Aiulcr1011
Intelligencer.
mm ?
The College* nt I?ue Went.
Our correspondents inform us of important
changes in the management of the Due West
Colleges. President J. P. Kennedy and VicePresident
Mrs. Kennedy have resigned the
management and control of the Fematc Col
lege, and Professor J. II. Miller of Erskine
College has been elected the successor of Presi
dent Kennedy.
Tbc circumstances which inducc such distinguished
and successful teachers as Professor
and Mrs. Kennedy to resign are a source
of much regret to all their friends and the
friends of the College.
Professor Kennedy Is the successor of Dr
llonner, the founder of the institution, and
under his control theCollcge has increased in
usefulness. The Prolessor and Mrs. Kennedy
have been teachers all their lives, an d success
lias attended their every effort. They retire
from the College Willi tlic love and respect ot
a large number of personal friends, while the
friends of the College regret that they arcgoln>?
to leave the institution.
Professor J. II. Miller, the President-elect,
is a man who, for his years, is pre-eminently
qualified for the high and important position
of President of a Female College. To fine
natural ability, and a symmetrical mind, he
has added the result of years of laborious
and arduous study. This, added to his line
administrative and executive ability, will
insure the continued prosperity and growth
of the finest institution of the kind in the
South.
Mr. Miller is a native of Camden, Alabama,
and is comparatively a young man. He grad
uated at Krskine College some ten or twelve
yoars ago, nnd when Professor J. N. Yyoung
resigned liis position in Ersklne College he
was elected his successor. After he was graduated
Professor Miller taught In some of the
high schools of the country, and for a term
J attended the recitations In the JonnsIIopkins
I University.
The place which will be made vacant by
the resignation of Prof. J. H. Miller Is to be
tilled. We are not informed as to who wllj
be chosen for the place, but we have heard
the naint. ;.f W. L. Miller, Esq., ol Abbeville,
mentioned in connection with the professorship.
A Prominent Citizen's Misfortune.
Our Greenwood correspondent Informs us
that Professor S. P. Boozer was prostrated
yesterday at half-past twelve o'clock, by a
stroke of apoplexy, and that, several hours
later, he was In a comatose condition.
Professor Boozer is one of the most distinguished
educators In the upper part of the
State, and his career lias been honorable and
successful. He was born in Smithville township
about three miles from Greenwood, anil
is now about forty-eight years of age. He
received his academic Instruction at Greenwood,
and his collegiate education at the
South Carolina College, graduating from that
institution in IffiS. After graduating and up
to the time he entered the Confederate service
in the Second South Carolina Regiment, he
taught school at Cross Hill in Laurens county.
He served as courier for General Ker.
shaw, and discharged his duty faithfully and
fearlessly until he was shot and so seriously
wounded in one of the earlier battles in Virginia,
that it was necessary to amputate a
a leg. Being unable to further servo in the
army he accepted an honorable discharge
from military duty and came home to his
friends, when ho again resumed the business
of teaching, and married Miss Alice Bailey,
daughter of James Bailey, Senior, in 1S63.
Since the war he has farmed or taught
school as inclination dictated. Atone time
he was Professor in Adger College at Walhalla,
and at this time he is co-principal of the
Greenwood Male Academy, which, partly
owing to his line ability as ? teacher, Is
achieving a wonderful success.
It has been universally eonccded that he
is pre-eminently distinguished as a successful
teacher.
Professor Boozer is n ready writer, an eloquent
speaker, and with a well stored mind,
a warm genial nature, and an ever present
humor made him a most entertaining talker
and a most attractive gentleman.
Professor Boozer is a public spirited clti.
zen, and has ever been identified with every
nntornrkn whir'h liml fnr lie aV>Ia/?? <t>A
vi?i>v*|'? ??-v "",v" ?" vnjcut nit- ucntr
fit or edvaneement. of the town to which he
hits always cherished the sincerest affection
and the most steadfast loyalty.
His condition had not improved at halfpast
tight o'clock this morning.
m . ?
Lot Greenville Have It.*
Although Abbeville could have offered the
fifteen hundred acre DeLallowe tract of land
and its endowment fund of S12,000,no bid has
been made by Abbeville for the experimental
farm to bo established by the State
Greenville having offered ?15,000 in money
with which to buy lands and houRes, Abbevilte
may now vote In favor of Greenville
getting what we could have gotten so easily.
Greenville's enterprise aud pluck deserves the
prize.
\
\
Judgment In an Important Case.
In these columns we reproduce the Judg
ment of the Court in the case of Sibley & Co
vs. Parks, as being of public Interest.
This Judgment should teacii inexperienced
young men not to eo into lite mercantile bus
Iness, and it should teacii mothers not to sign
papers. There is no earthly doubt in oui
mind, that young Parks owed his factor Jusl
ii. ! did any other debt, and we have n?
doubt that he was threatened with criminal
prosecution when, in fact, lie had committed
no graver offence than that of contracting s
debt wiiicii lie was anerwaru unanie 10 pay
If ho lind been older and had been more fa
miliar with the law, he would never have al
lowed his mother to sign the mortgage. Th<
case is one which excites sympathy for bolt
mother and son. He was scared unnecessar
ily, and then induced his mother to sign tin
paper whereby she loses her home, but II
seems to ns that she should have been excus^
ed from the payment of the mortgage becaust
of the circumstances under which she signet
it.
The Supreme Court, however, if it is of th<
same mind, and sees things as it did in th<
Rush case, may issue a companion judgment
and thus save Mrs. Parks harmless aguinsi
any debt she may owe. We need not be sur
prised if the Supreme Court, should lorbic
\Tr? Pni*lr<s in nnv? the debt. to Franels Arnold
A Strange Proceeding:.
Mr. Julius Mills, of Chester, lias renounced
allegiance to theG? C. & N. It. It., and thinkf
timt Chester ought not to vote a tax for th<
benefit of the road because the corporation i>
rich and thoroughly responsible. It would
s?em that a corporation which is able tc
build the road would be the safest firm witfc
which to entrust money. The Press and Banner
opposed taxation to a poor eorporatior
because of lack of faith In their ability tc
carry out their part of the contract. Mnjoi
Mills is perhaps the first man who has evei
objected to entrusting his money to a corpor
ation for the alleged reason that they were
rich and perfectly respousidle for their con
tracts.
Major Mills has certainly discovered some
thing in finances. Chester, will doilbtles?
regret the act if she refuses to contribute hei
share to the upbuilding of the town.
New Daliy In Augusta.
We see by the newspapers that a new <lallj
paper Is to be started In Augusta, Georgia
We have no doubt that they will start tin
paper, and we feel equally confident that the
time will cotr.e when the projectors will "wis!
they had no stock In it. After they liavt
wasted S100,000 they will abandon the'enter
price. We plaec the prediction on recordTjif.
temperance campaign Is progressinj
In Anderson count}*. Anderson will, 11c
doubt, close her bars. Abbeville will follow
her good example when we get the proper law
on the books. Whiskey must go.
We have heard pleasant things of the Mur
ray-road law In Anderson county. When the
storm has passed Senator Murray will re
celre the well-done of his constituents.
rev. d. McNeill turner, d. d.
After an Abwencc or Seventeen Years
he IteturnH to the People by Whom
he lind Twice Been Called to the
Office ot PMBtor?IIiN Sermon nn<l
n Hearty Welcome Back.
A large audience assembled in the Court
House on Sunday last, to hear a sermon from
the Rev. D. McNeill Turner, and to participate
in the other religious exercises of the occasion.
The text of the discourse was from
Hebrews xll: 2 "Who for the Joy that was set
before him, endured the cross despising the
.shame, and is set down at the right hand ol
the throne of God;" and the Doctor spoke
with his usual force, earnestness and ability;
exhibiting the same clearness, coherence and
logical power of thought an of old; the same
felicity anil aftluence of diction; and even
more than his former unction and irnpress! vctioss
of delivery. The sermon was about an
hour In lenstli. and was heard with market!
attention. Passages in it were unusually impressive,
and afleeted many of the audience
to tears. Dealing as the sermon did, with
.in..trinoi! which Hp nt. till? foundation of the
Christian's faith, and furnish the grounds of
the Christian's hope, it afforded scope for the
exercise of the powers of the logical speaker
and the impressive orator. To furnish a brief
abstract of It would be but doing it scanty
justice, but we will at least suggest Its leading
topics. As preliminary to his main subject,
the preacher adverted to that mysterious
union of soul and body, which form our dual
nature, and affords a faint topic of that sublime
mystery, the union of tlie divine and hnmnn
nature, which enables the Saviour to
work out the wondrous plan of human salva
tlon. "The cross" as set forth in the text, according
to the speaker, was not merely the
final act of crucifixion, but involved at leasi
four elements of sufiVrlne: 1. The divine
abasement In the assumption of our nature.
2. The temporary triumph of the powers oi
darkness. 3. The trials of a suffering life, and
of an agonizing death. 4. Tho withdrawal of
the divine favor In the crowning agony. So
"the Joy" as set forth In the text, was treated
by the speaker, according to our recollection,
in a fourfold aspect. 1. The anticipation of
the final triumph over the powers of evil. 2.
The extension of Christ's kingdom "from the
river to the ends of the earth." 3. The glorification
and sanctiflcatlon of the saints. 4.
The consolation and Joys of the Holy Spirit.
The conclusion of the discourse was ( specially
impressive wherein was set forth the offices
of Christ, as onr Saviour, our Exemplar,our
Intercessor and our Final Judge.
At the conclusion of tho exercises the Doetor
was greeted by a large number of Iris old
friends, M ho were glad to grasp Ills hand and
"see his face once more."
At night he preached to a large audience In
the Methodist, church.
On Sunday next he will preach again in the
Court House, and the Sunday following In
the Court House.
THE COLOR QUESTION IN THE EPISCOPAL
CHURCH.
Sotnul mill Conservative Views or the
Methodist Brethren.
Southern Christian Advocate.
If the eftort is persisted In to mix both
races l n the same Cliurc-h and toentitleeach to
the same rights and privileges, the breach
will be widened instead of healed. Race instinct
on both sides revolts against this, and
it Is utter folly for the Iiishop and his clergy
to set themselves against it. Fine spur: theories
of universal equality may sound very
well on paper, but no well-wisher of cither
race should attempt to enforce these ideas In
any of our ecclesiastical organizations. The
best interests of both races demand independence
and separation. With these, let there be
the closest and most helpful fraternal relations.
This, it seems to us, is the only practi
cal unci NCnslDie SOIUIIOU l?l me mini I|ur.-IK>I|
as it effects us In our ecclesiastical affairs.
This was the happy solution of this question
made by the M. E. Church, South, some years
aco, when our colored members were set up
Into p. distinct eccleslastlal body of their own,
with their own Bishops,clergy, Conferences,
it'c., and yet all sustaining a close fraternal
relationship to the parent body.
Something of thtekind, let us hope, our
Episcopal friends may effect during the coming
year. Certain it is that the color line Is
here to stay. It cannot be wiped out by Legislatures,
ecclesiastical conventions, or by the
arbitrary acts of Church prelates. What God
has put asunder by race and blood, It is useless
for men to attempt to unite. Perfect unity
and equality In Church relations will soon
come to mean perfect equality In social relations.
If the colored Episcopalians must now
have equal representation In the Convention,
may there not come a day when they shnl I be
sufficiently xtmmr to clect. a colored Bishop?
And why should they not, if at nry time they
have the majority of communicants and the
majority of votes in the Convention ? IT they
receive the ministrations of a white Bishop
now, why should not the white Episcopalians
be served by a colored Hisliop then f
On t he question of law it Is likely that BJsliop
Howe and his supporters are right, but on
a question of expediency The Advocate
sympathizes with the seceders. The Epl*eof?ai
Church and the causc ofChrist have nothng
to tain, but much to lose, by the admission
of colored members and delegates to
seats in the Convention. The fact that, this Is
done iu other dioceses is no argument in its
favor. Even while we write thepapers inform
us of trouhio In the Diocese of North Carolina
because liishop Lyman Invited all the clergy,
black and white, of his diocese to an entertainment
at his house during the recent Convention
In that State. Be this as it may, It is
evident llial tlio mixture of the two races In
the same Convention, with equal rights and
priviieees, Is a long and important step towards
the obliteration of all race distinctions
In our social lite. Equality In the one will
inevitably lead to equality in the other.
Our Episcopal friends owe it to themselves,
as well as to the Master, to do all In their power
to evangelize the colored race. They owe
ltnone the less to their Anglo-Saxon blood
and to the civilization of the century to conform
their plans to the traditions of the race.
It is only as they do this that they can hope tor
success either In their white or their colored
work.
. THE INFALLIBLE COURT.
A CIRCUIT JUDGE SHOWS HOW I1IFALLI
BILLITY MAY ERR.
I
The I'iiIhuIiiI and lincoiiNtltiitloiia
I Judg ment of (he Supreme C ourt o
> Koutli Carolina In made Pert'ectlj
' Clear.
I
1 Valuable and Instructive Matter which ii
Published for the Benefit of the "Wlnns
boro News and Herald," and all othe:
, Persons who may have a Dout>t as t<
, whether the Supreme Court In 1he Rusi
case Rendered a Decision Contrary t<
Law and against "the Provisions of th
t Constitution.*'
The State ok South Cakomna,
i County ok Abbeville.
I In the Court of Common l'leat!.
George R. Sibley & Co., Plaintiffa, agains
Sarah K. Parks, Smith, Parks & Co., am
s Francis Arnold, Defendants.
; This case was heard by me at the term o
i the Court held In February, 18R7, on the plead
ings, evidence and argncn'entof counsel.
I The action has been brought to foreclose i
. mortgage on a lot of land executed by Mrs
. Sarah K. Parks, a married woman, ti secur
a note given to plaintiffs by the defendant?
. <miih l'jirks it (Vi. and nlso for fiid<rmen
against the defendants. Smith, Parks & Co,
fur the amount of the note and Interest.
The defendant. Francis Arnold, who Is ii
I no way interested In the above matters set
up In his answer a prior mortgage 011 th
5 said lr>", of land, and asks that his rights unde
i ills mortgage may bo protected in any orde
. made in the cause.
* The defendant, JamcR E. Smith, one of th
' members of the firm of Smith, Parks ?fc Co
> In his answer pleads minority. If there 1
atiy evidence on this subject it has escapei
me, but there has been no such formal con
sent as will glveme Jurisdiction ofthls brand
i of the case. The affidavit furnished me as t
the default of Thomas N. Parks aud Jame
L. Talbert bears date after the adjourntnen
* of the Court at Abbeville, and I have doub
as to my Jurisdiction to order a Judgment b;
default against them. All questions ther(
fore as to a Judgment against the members c
the firm of Smith, Parks & Co. are reserve*
. to be heard by the Court hereafter.
No demand is made against the dofendan
Sarah E. Parks, exeept for the foreclosure c
the mortgage and the payment out of th
i proceeds, if sufficient, of the note and inter
. est it was given to secure. This demand 1
resisted by Mrs. Parks as to the raortgag
held by plaintiffs on two grounds:
1st. That the said mortgage was obtainei
by duress.
2nd. That Mrs. Parks wns, at the time c
. its execution, a married woman.
1st, As to duress:?
Thomas X. Parks, a member of the firm c
: Smith, Parks & Co., was n.ilep-.ion to Mr;
. Parks. Plaintlft's had sent money to him o
to the firm of Smith, Parks At Co., with whlcl
' to purchase cotton to be shipped to plaintiff!
' At the time tills morigage was given, P. I
Tobin, a member of the Jlrm of Geo. It. Sit
ley it Co., plaintiffs, was prosing for a settle
incut, and smith, Parks ?fc Co. wen; not abl
to ship the cotton or to refund the mone;
- sent to them. In some wav it. seems tlia
Thomas N. Parks was the member of th
firm of Smith, Parks it Co., who was callei
' on to make the settlement and account fo
r the money sent to thenv. He admitted tlia
tliey had money whleii tliey had not investei
in cotton, and made several unsuccessful e
torts to borrow the money to repay to plain
tiff the amount due. A settlement was Until
ly made by Thomas X. Parks signing th
firm name to the note sued on in this ease
. and the execution by Mrs. Parks of the mnrt
gage to secure It. The amount was then du
and payable, lint the note was given at t>
days for$1,'125.00 with interest ats percent
per annum.
It is now claimed by Mrs. Parks that sh
executed tills mortgage because of threat
, made to her by P. li. Tobin. who acted fo
plaintiffs, that if It was not executed Iter step
i sou, Thomas X. Parks, would he sent to tin
, penitentiary for misappropriating tohlsowi
use or that of the firm of Smith, Parks & (A),
the money of the plaintiffs; that u prosecu
tion was threatened and that the mortgage
was given "to compound and settle said prose
cutlon." and that plalntifTs in consideratlor
thereof "desisted" from "prosecuting the sai<
Thomas X. Parks." It is incumbent on th<
defendant, Mrs. Parks, to make out tills de
fence by a clear preponderance of evldenci
and in this way remove the presumption arts
ing from the mortgage Itself In favor of tin
validity and sufllcicncy of the consideration
and of the full and free consent of the mort
gagor to the terms of the Instrument.
I am satisfied from the evidence that Thos
X. Parks, himself believed that lie had com
mitted si criminal offence and that he was Ua
ble to be sent to the penitentiary therefor
whatever may be the facts. In this view ]
ruinb ???ot \fru Porlru />nnnnrro(l nn/1 Ir
consequence thereof and also In consequenci
of her fears that a criminal prosecu
tion would be commenced against Thomas X
Parks she was under more or less excitement
and in distress when the mortgage was execu
tel.
There isaconllict of testimony, as to some
facts I regard as very important. I have nol
seen the witnesses, but a careful examination
of the testimony lias led mo to the conclusion
that before Tobin met Mrs. Parks at. all slu
had been informed of the difficulties in which
Thomas Parks had became involved and
that she had told him that she would giv? n
mortgage on her lot to raise money to save
him irorn trouble. The only direct testimony
as to whether any threats were made to her
personally as to criminal proceedings against
Thomas N. Parks is that of Tobin and Mrs
Parks herself. In this they contradict each
other, and it will not be proper without some
aid as to the character of the witnesses, whicli
' I have not, to find in favor of the party
whose duty is to prove a fact as Mrs. Parks
' ought to da here. Indeed I am inclined tc
think that in the condition of Mrs. Parks
mind at the time, she may have made the
mistake of attributing to Tobin statement.'
before made to her by her step-son. Thomas
N. Parks saVs that she knew of the debt tc
Sibley it Co., and had told him the day be/on
(the execution of the mortgage) that "rather
than see me prosecuted * * * if I coula
mi*c the money she'd give the mortgage." He
had offered the mortgage to others, I find
that no warrant of arrest had been Issued and
Mrs. Parks had not been Informed that any
warrant had been issued. The extent tc
whicli Tobin did go was to say that a serious
criminal offence had been committed?a stale
of things of which Thomas N. Parks had
been informed by his counsel, and of which
Mrs. Parks was apprehensive, if not actually
informed by her step-son before the interview
between Tobin and herself, when the mortgage
was executed. I do not find that there
was any promise by Tobin, who acted foi
plaintiffs, not to prosecute Thomas X. Parks
if the mortuase was given. It there was any
iTiminu' onense commiueu, 01 wnicu mere is
n<? sutlicient. evidence before me, I find notbing
in tin* testimony by which it appears thai
plaintiffs bouud themselves nolio prosccutc
therefor.
There Is conflict or authority on the law
applicable to this case and nothing directly
to the point at Issue in our own State reports.
"Threats of a criminal prosecution for embezzlement
and of a civil action for money
charged to have been fraudulently withheld,
not Imputing a purposeto make any unusual,
harsh, oppressive or illegal use of process is
not duress." Lander vs. Obirt, 45 Texas, 53!>.
In Fulton vs. Hood, 31 Penn. St. :Ui5 it was
held "that threats of a criminal pr.isecnlion
aeainst the son unless the father would give u
bond were no defence to the bond."
In Smith vs. Itowleu, <# Barb. .r>02 it was held
that "where the plaintiff's husband was charged
with embezzlement and she at his request
and on tho agreement that there should be
no prosecution, conveyed iter real estate to
the creditor, she cannot avoid the deed for
duress."
A different doctrine is laid down In Foley vs.
Greene (14 It. I., OIK) 01 Am. lie)j. 419. and in
the cases on the authority of which that ease
rests. In Foley vs. Greene a son was charged
with defalcation and ills own mother furnished
security for the amount by giving a
note and mortgage?the note and mortgage
were held to be void. I find no case in which
relief has been given beyond the cases where
the parties were either husband and wife or
parent, and child.
In Foley vs. Greene, there were not only
threats of prosecution bntau actual agreement
that if the security was given "the whole matter
of defalcation would be kept quiet and no
criminal charge would be made against the
son." The testimony in this ease does not
ni'"" mij uuimut'ui iiiuuu uy iwuiii ca^itw
ed or i id plied not to prosecute Thomas X.
l'arks. I am satisfied from the whole testimony
that Mrs. Parks would have given and
was prepared to give Francis Arnold or any
other person u mortgage to secure the loan of
money for the exigency and would have
been In the same state of mind In reference to
It as she was as to the mortgage now held by
the plaintiffs. The money was duo to the
plaintiffs and then payable, and being unable
to make the payment lhe time of payment
was extended toCu days which was deemed a
very important Item In drawing the papers.
In the absence of other objections a mortgage
given to secure the debt of another coutracted
at the tlmo or the extension of an antecedent
Indebtedness is upon a sufllclent consideration.
I do not. think that, a mortgage given by a
parent, <>r a child, husband or wife (If the
wile has the power to mortgage her property)
i to secure a debt due to one whose funds have
been embezzled and whohasbcen informed of
such embezzlement, cither by the creditor or
by the defaulting debtor, and who has been
thereby made apprehensive of a criminal
prosecution, imprisonment or disgrace to the
debtor should l>e held void unless there is
clear proof of fear of an immediate arrest
under a warrant, or at least of some agreement
express or Implied on the part of the
creditor not. to nrosecute. It ought not to
avoid a mortgage that the ni'>n,..??or nau
heard of the embezzlement and hud seni,?s
fears of a criminal prosecution merely
hoped by the mortgage so fur to satisfy the
private claims as to remove J'1? A.
on the part ot the person injnred to Institute
criminal proceedings, 'lhoreare civil
rights of creditors at stake In all such cases
and it ought to be allowable for them to protect
themselves, while it might not be
proper for the Courts to sanction a transaction
if a part of the consideration was to1
- compound a felony or misdemeanor. The|
conclusion I have readied is that tiiere lias |
been no sutticient proof of duress in the execution
of tills mnrtjfn^e by Mrs. I'arks In any
. view we take of Uie'iaW under the cases above
' cited.
f 2d. As to the power of a married woman to
mortgage her property to secure the debts of
f another:?
The question as to the right of si married
woman to mortgage her separate property to
secure the debt of another person is now pends
ing In the Supreme l.'ourt of this State, anil If
this were the only question In the ease now
" before me 1 would prefer not to render any
r Judgment on It until the point was settled In
J lilts I'iWUIHII. H.-V.U.U l.u,
or, however, to hold this cusc over as there
i arc other important questions raised and
j which ouuht to be passed upon.
I propose therefore to state as briclly :r- i
8 ain able my reasons for the conclusion which
I have heretofore reached and on which in
other cases I have acted. I hat a married woman
has the right, to mortgage her separate
property iu the same way and on t lie same
consideration and for the name purposes for
t which an unmarried woman could do so.
j I will perhaps be able to make my meaning
clearer by setting out in full the article of the
if constitution and the several sections of the
|. Acts of the Legislature which refer to this
subject.
a Article XIV, Section 8, of the Constitution
i. of lSfti is as follows:
e "The real and personal. property of a woi
"man, held at the time of her marriage, or
t "that which she may thereafter acquire,
, "either by gift, grant, inheritance, devise,
" "or otherwise, shall not be subject to levy and
n "sale for her husband's debts: but shall be
s "held as her separate property, and inay be
e "bequeathed, devised, or alienated by her
r "the same as if she were unmarried: Providr
"ed, that no gift or grant from the husband to
"the wife shall be detrimental to the Just
e "claims of ills creditors."
Tim PovkoH Sit'itiifos nf IfcT'J nt. nnfi> nrm
s tains three (3) sections on the subject of the
j rights of married women taken from the Act
i. of 1S70. They are as follows:
I) "Section 1. That the real and personal
0 "property of a married woman whether held
s "by her at the time of the marriage or act
"crued to her thereafter either by gift, grant.
,t "Inheritance, devise, purchase or otherwise
y "shall not be subject to levy and sale for her
^ "husband's debus, but shall be her separate
[{ ''This Section Is now Sectlou 203.) of tho General
Statutes of 1882.
t. "Section 2. A married woman shall -have
if "power to bequeath, devise or convey her sepae
"rate property in the manner and to the same
. "extent as If she were unmarried: and '//' dys
"ing Intestate her property shall descend In
e "the same manner as the law provides for
"the descent of the property of husbands;
1 "and all deeds, mortgages and legal Instru""ments
of whatever kind shall be executed
if "by her In the same manner and have the
"same legal force and effect as if she were un"married."
This is now Section 2o3ii of the
)f General Statutes of 1882.
i, "Section 3. A married woman shall have
r "the right to purchase any species of property
i "in ber own name and take proper legal couj
"veyauces therefor and to contract and be
{ "contracted with In the same manner as if
)'. "she were unmaiTied: Provided that the hns>.
"band shall not be liable for the debts of the
c "wife contracted prior to or after their mary
"rlage except for her necessarv support."
t Thlssection is now Section 2037 of theGenere
al Statutes of 1882, as amended by the insertion
i of Ave words: "as to her separate property"
,r after the word "contract," as will hereafter apt
pear, and the effect of which amendment Is
il the question now before me.
f. Under the law as It thus stood our Supreme
. Court beld in Rons vs. Linder. 12 6". C. p. 592,
I- Hull vs. Clinkscales, 15 S. C. p. (KM and Pelzer,
e Rodgers cfc Co. vs. Campbell, 15 .& C. p. 5S7. that
. ti married woman cou la ulna herself personal
ally by any contract by which an unmarried
e woman could be bound nnd In the same tnan0
ner and as a consequence a judgment against
her for the breach of such contract was followed
by all usual consequences of Judgments.
e The two last of the above eases in 15 <S'. C.
g were heard by the Supreme Court at the Nor
vember term, 1880, ana the final Judgment of
i. thatCourt was rendered some time in 1881. It
e seems to me that the words of the statute giv3
Ing a married woman a right to make a contract
are very plain and the only question on
' which there should have been any doubts was
e the constitutional one, whether the Legisla(.
ture had any right to add to the powers given
1 to a married woman by the Constitution of
j 18f<8, by giving to her In addition to the power
, i over l:er property the right to bind herself pcr1
- sonally und nenerally by a contract In the same
5 manner as if she were unmarried.
At the April term of the Supreme Court in
? 1881 was heard the case of Wiltcvs. Wolfe, 16 S.
C. 256. In which It. was Held that a married wo1
man under the Constitution and Statutes as
they then stood, and as above quoted had the
right to mortgage her separate property to se1
cure the debt of her husband. This judgment
. of the Supreme Court was tiled in November,
1881.
i It was thus that the Constitution and Stnt,
ut.eH stood, and were construed when the IjC.g,
islature amended the law by adding to Section
3 above quoted the five words "as to her
separate property," and the Section became
Section 2037 of the General Statutes and is as
follows :
"Sec. 20:>7. A married woman shall have
'the right to purchase any species ot properly
"ly in her own name and to take proper legal
i "conveyances there/or, and to contract and
i "be contracted with an to her scpnmte property
, "in the same manner as if she wore unmari
"rlcd: Provided, That the husband shall Ti 'i
I ,-i>e iiaoie lor uie ucihs 01 i.iiu wne contractu |
L "prior to or alter their marriage except for
. "her necessary support."
It will be observed that Sections 1 and 2 of
the Act of 1870 cover the same general ground
t, as does Art. XIV, Sec. 8 of the Constitution of
JSCS. Section 1 declares that, the property of a
' married woman shall be "her separate prop>
erty." Section 2 declares that she shall have
[ the right to bequeath, dovUe or coiivcy her
separate property In the same manner and to
j the same extent an if she were unmarried and
i includes also properly -purchased by her and
j not mentioned In the Constitution, the power
? to purchase being conferred by Section 3.
\ Section 2 also provides for eases of Intestacy,
i and then provides that "all deeds, mortgages,
, " * * * shall be executed by her In the
? "same manner and have the same lesral force
"and effect as if she were unmarried." So far
I the Constitution and the Acts, Sections 1 and
> 2, contain provision only for holding property
' and for the mode of disposing of it by herself
or by law in cases of intestacy.
r It will be observed now that Section 3 of tlip
> Acts of 1870 refers to a new subject matter and
s covers a new class of eases. It, gives to the
married woman certain personal rights: the
right to purchase property in her own name
and t.o make contracts and at the same time
protects the husband from the common law
' liability for certain debts of the wife and
which the marriage had cast upon him while
. it transferred to him her property.
While Sections 1 and 2 may only have defined
or perhaps eulargeii the powers given by
' tlie Constitution certainly none of the powers
conferred by Section :i can, by the most, liberal
construction, be deduced from the Section of
: the Constitution referred to.
1 It will readily occur to the mind that this
unlimited power on the part of married women
to make contracts may have led to serious
evils growing out of a woman's affections
for iter husband, or others, and her want ol
' business training, now so much neglected in
their education and modes of life. It was not
on iiiipominnn thin"' Cor il In (lament. to be
, rendered on such contracts, and for the pay'
mcnt of which not only her property, then in
possession, but nil future acquisitions by inheritance
or otherwise were liable. It was
when the law had been just construed so as to
' lead to these consequences, that the amendment
or 1882 was passed. It Is my view of the
purpose of the legislature, that it was intended
and that the amendment bears no other
i construction than that a married woman was
by it confined in making contracts to those
1 which were "as to" or "in regard to" or "in respect
to" her separate property, and of which
lu some way the separate property whs the subject
matter. There has as yet been no decision
, of the Supreme Court as to whether a married
woman can be held personally and generally
liable even on such a contract. All
that is decided in llubetuchl v*. Jlawh it- 117shoff,
21S. C. 401, Is that a married woman cannot
since the amendment of ls>2 be held liable
as endorser for her husband on a eontract,
which had no reference to her separate
property.
In WUle vs. Wolfe, supra, the Supreme Court
held that Mrs. Wolfe, a married woman, had a
right under the Constitution and Act of l>70
to mortgage her separate properly to pay a
(lout or ncr imsoaiHi, hiiu < .> itiiiiiwi u.> mi miconclusion
says that by the Act ol ISTli, all
"deeds mortgages and legal Instruments of
"every kind shall be executed by her in the
"same manner and have the same legal force
"and effect ns If she were unmarried." The
Court does not anywhere base the right to
mortgage on the ritriit to make contracts.
The power of alienation irlven to a married
woman in the Constitution is not a mere
naked power, and seems to me to be merely
one of tlie incidents of her estate in her .ifpartite
property and if she is limited by that
word to a conveyance in fee it would be inconsistent
with the estate which the Constitution
vests In her. However this may In* the
word convey is substituted in the Act Sec. 2.
for the word alirtuite used in the Constitution.
and not only so but the Act uses the
words, "to the same extent" as <|tialifying the
power of a married woman to convey. It
must mean eltIter to convey the whole estate
or some less Interest in the property, and I i
see 110 reason why under this section a married
woman may not convey on condition,
and such condition as is contained in the I
mortgage. Stewart on husband anil wife, Sec.
IPtS, note 21. Whatever may be the true I
ground on which the decision in Witte vs. i
I Wntfe is based, that case settles the question. '
j as to the power of a married woman to morf- i
gage lier sepuraif prupcry. j?rmr n> un- >
amendment In the (General Stalutrs of ISS'2. I
She (1 id then have such power to mortgage as :
security for her husband, and if lor him, I take I
it for any other person. I
The amended section is subsequent to tlie 1
one which rciers to the power to convey, and t
the execution of mortgages, and if l?con?ly- :
tent with, may modify or even ivpeal it. i
In the view I take of it, these sections refer f
to different subjects, and have uo necessary j
connection with each other. Sec. 1 and 2 refer
to property, and Sec. 3 to personal rights.
If however iu this I am not correct and the
section as amended does modify the preceding
section it must be because a mortgage Is
a contract and a contract too in the sense in
i which that word is used in the amended sec
I lion. If.*i mortgage is ii contract and noia
conir.ua in the sense of the amended section
then the amended section can have no reference
to it. IT I hen ii mortgage is a contract. In
the sense of contract in the amended section
it. must, certainly lie one of those contracts a
married woman lias a right to make for it
would seein almost absurd to say that a written
instrument which describes a tract of
land and conveys it tus a security for a debt is
not "as to" or ' with respect to" or in "regard
to" that tract of land. I assume that, as laiil
down in W'Utt: v.*. Wot/e, before the AetoflNX'2
a married woman had this power to give ?
mortgage. If a mortgage is not a contract In
the. sense ol the amended Act, then the
amendment cannot ull'ect the c;w*e one way or
the other. If a mortgage is such a contract
then it certainly is "as to,'' or "with regard
to," or "with respect to" the mortgaged property,
and, under the amendment itself, a married
woman has the right to make it. I see
110 escape Jroin the dilemma.
There is nothing In the amendments which
requires that the contract of a married woman
shall be Intended for the benefit of her
separate property. Ills Imrdly necessary to
discuss the question (Jones on Mortgages,|<115)
whether an unmarried woman, or any other
person under no disabilities, can mortgage
property to secure the debt, of another contracted
at the time or where there has been
some new consideration, as the extension of
time, iu reference to an old debt. If a married
woman has this power of mortgage at nil
then the mortgage can i>e supported by any
consideration which would be sufficient as to
other persons.
This being a mortgage to secure the debt ol
a step-son, steers clear of that class of cases,
Wliere mere is iuiiiummil
against the subjection of J ho property of a
married woman to pay her husband's debts by
any device of the parties. In this case the defendant,
Mrs. I'arks.did not sign tiie note and
no question can arise as to her liability on
any deficiency niter applying the proceeds of
the sale of the mortgaged premises. The
amount due on the note of Francis Arnold,
which is not contested, is six hundred and
six 21-100dollars ($6U?.SH<>0.)
The amount due 011 the note to plaintiffs
and covered by the mortgage of Mrs. Parks is
fourteen hundred and sixty-six 00-100 dollars
(Suas.MMuo.)
It is therefore ordered and adjudged, That
the mortgaged premises described in'tlie complaint.
be sold by the Master for Abbeville
county, after due advertisement, 011 Salesday
in November next, or 011 some subsequent
Salesday for one-third cash, and the balance
on a credltof one and two years, with interest
from the day of sale, the deferred payments
to be secured by the bond of the purchaser
and .a mortgage of the premises so sold, and
also a policy of Insurance In some reputable
insurance company to an amount sutlicient to
cover the amount remaining unpaid on the
bond for the purchase money.
It is ordered, That out of the proceeds of sale
the Master do pay first the expense* of sale
and the costs of the defendant, Francis Arnold,
and to the said Francis Arnold the
amounts above found to be due to him with
interest thereon from this date; that the Master
ilo then pay to plaintiffs their costs as
against the defendant. Sarah E. Parks, and
then the amount of their debt as above found
with interest from this dale if there be so
much on hand, and if any surplus that he do
pay the same to the defendant, Mrs. Sarah E.
Parks.
It is ordered. That on compliance with the
terms of sale the Master do execute title to
the purchaser for the premises so sold, and
that oi? the production of said deed and a certified
copy of the order conllrming the same
the purchaser he let into possession of the
premises so sold; and that by such sale and
the execution of title to the purchaser the
said Sarah E. Parks and all persons claiming
under her since the tiling of the notice of the
pendancy of this action be forever barred aud
foreclosed of all right and equity of redemption
of, in or to all and singular the mortgaged
premises so sold and conveyed.
All questions raised In this case and not
herein adjudicated aro reserved and parties
have leave to apply for any orders necessary
to carry out this decree.
T. B. ERASER,
21 May, 1S87. Presiding Judge.
IS BLACKGUARDISM TO PREVAIL IN OUR
PULPIT.
The Southern Christian Advocate
Gives the Evangelists a Sound and
Deserved Lecture on the Subiect
oT <?oo<l Maimers.
[Southern Christian Advocatc.]
A few days ago the following dispatch appeared
in the Doily RcaisUr of this city:
"Andkicsox, S. C., May 17.?Messrs. Leitch,
Haynes and Marshall are here, on their way
to attend the Holiness Convention at Newberry.
They got left yesterday In Seneca, and
therefore caine down here on the frieaht train
to enthuse the people of Anderson with their
doctrine. They have made a very unfavorable
impression by their manner of doing and
saying things. Last night Mr. Leitch was
making some rather comical remarks about
women's "bangs and bustles," at which some
of the audience laughed, and he thereupon
denounced them as 'black-hearted villains.'
They say some good things, but more that
ousht not to be said in a religious meeting.
The Holiness Association will be here some
time between this and the lstof .Tune, so these
men say. Our people 'are not favorably Impressed
with this detachment of their forces."
Knowing how little deoendence is to he put
in the average newspaper report of such occurrences,
we passed this by without giving it
serious thought. II seems, however, that the
/{ef/i.i/er correspondent w is right, a? we. learn
from the following, taken from the last Issue
of the Xr wherry Observer:
'The Observer called on Mr. Leitch athiB
boarding house yesterday afternoon for his
version of the affair. Mr. Leitch says that
Mr. Marshall, Mr. Henek, of Tennessee?not
Haynes?and himself held a meeting by invitation
in a church in Anderson Monday
night: that the church was crowded, and several
persons knelt at the altar for prayer;
that some persons in the back part of the
church created some disorder by giggling and
talking; and to reprove them for it, and to
stop it, he (Mr. Leitch) said: 'I hope there nre
no black-guards in Anderson.' when asked
11 1IU UNITU l l It- liillKUil^U iUUIUU(ir<l LVS liiltlf IIV
rcpied tliat he did, under tlie following circumstances:
During Ills talk or sermon, lie
said some women are more concerned about
their hangs and hustles and their personal appearance
t lian a.botit their sonis. At this remark
some one in the church laughed out;
and lie then said 'Yon black-hearted villain,
your heart is not riiilit before God.' This is
certainly prelty rough language to use In a
church or in any religious assembly."
We know Mr. Leitch as an earnest and successful
evangelist Whether he has been regularly
licensed by the Church which he represents,
we do not know. Wc regret'exeeedingly,
however, that he ever used such language
in the pulpit, or out of It. We regret that lie
seems not (from the interview quoted above*
to be conscious of how seriously he has offended
good taste and good morals in the use
of such epithets. We regret that lie has not
acknowledged his error, with due apologies
for the same. Such o(Tenses against grod
morals and good breeding from our religious
teachers are well calculated to bring religion
into contempt. Oh! for a holiness that will
give men clean lip* as well as deart hearts !
"You black-hearted villain" is more the
language of the slums than of the pulpit, and
any man who uses such epithets in the name
of God should be invited to step down and
out. Few would dare apply such words to another
except from behind the breastwork of a
pulpit. Hut when a man Is at once profane
and abusive, even the pulpitshould not shield
hint from responsibility. Some spirited
"laugher" may yet teach, in a forcible and
unceremonious way, a le-son of good manners
and morals that the Advocate would fain
impress by milder and more peaccable methods.
What. Is to become of us IT the spirit ot
blackgua>d sm is allowed to prevail in our
pulpits, that are hi ing given over so largely to
th" evangelists, so ?n lied? Is If not timet)
<all a halt? Can any permani n'. good result
from methods that arc so at varience with
good taste and the gentle, loving spirit of the
Gospel ? If good is accomplished, does it outweigh
the evil? Are these questionable
methods ne-'essary to the success of the evangelist?
Does his power lie in his coarseness
of remark and 111s inueceiu aouse 01 me smner?
Under the lend of certain evangelists,
Hi is is Inst getting lo be the popular style
among some <>f our young preachers. It is for
their snkes chietl.v thai we write so plainly
and yet so earnestly. The first qualification
for a successful ministry, aside from personal
piety, is good breeding. A Gospel minister
should always lie the gentleman. Whenever
ho forgets till*, he dishonors fiod and disgraces
his high and holy calling.
Slinri for Kiglit Outs.
Xcws and Courier.
Kvery stream in South Carolina should he
lull of good, edihie lisli; and would be if the
tisli laws were stringently enforced. That it
is not impossible to accomplish this desirable
result ha. been amply demonstrated by the
successful experiments that have been made
in the propagation of shad in the Hudson.
For thiccdnys in the early pail of this month
between TO.UJO and 7S.IXX) shad a day were
I'lio retail prices sunk lower than ever l?ol?>ro
Kinc North Kiyer roe-shad were sold lor lifted!
cents each, and bucks lor eight cents. <
The addition of the members of the Legislature
from Hip upper part, of South Carolina :
s directed to these facts. There is no reason <
ivh.v t lie people living along the ureal rivers i
n upper Carolina should not haveanahun- i
lance of shad for their tables in the spring '
.inu?. It may honctH a handful of llshermen I
it (icorgetown and elsewhere on the coast to I
teep the mouths of the rivers so obstructed as <
o prevent the run of lish; but the people who I
Ivi* in the intcriorshould not be deprived of <
he privilege of eating lish. for the profit of 1
my section or of any local interest. The Leg- 1
stature ought to take steps to scenre the en- ]
orcenient of the laws that we have, or should
mass other luvvs that will keep the riveruopeu.
TOO HEALTHY FOR DOCTORS.
j THE SALUBRIOUS AIR AND GOOD WATER
j MAKE THE TOWN A POOR PLACE FOR
PRACTITIONERS IN THE HEALING ART.
Crop* and Cyclone*? Kicking .Vale*
ami PIoiim Preacher* ? Lovely
Maidens?Thrifty Farmer*---Resting;
Teaclier^-Tlie Grave Taken
Innocent Childhood, and Closes
(he Career of an Aged Citizen.
Ninety-Six. S. C., May 31.1887.
Mayor Watson ami Mr. Duncan Phillips
have returned from WashIngton. They were
well pleased and enjoyed their trip.
Major Fouche reports the pinder crop in
fine condition. He confidently looks for fifty
bushels per acre. ;
Ninety-Six is exceedingly quiet/ No cyclones.
no biz meetings and not even a ghost
to be seen in the town or Its suburbs.
Mrs. W. L. Anderson, Jr. lias been on a visit
to her parents at Georges, S C.
Mr. Mc. Turner is the bos* landlord. His
tenants have the best crops about town.
The far famed "kicking mule," once the
property of Col.Sam. Walllngford, is no more.
She klekrd everybody that came In her roach
and finally "kicked the bucket."
Miss Bessie McLaughlin, of Alabama, is vls
itlnz Mrs. Geo. M Anderson.
Miss Hessle Hill, of Greenwood, has been
visiting friends in town.
Farmer Beacham has had for several days
as many as thirty-five hands chopping cotton.
In addition to a large cotton and corn crop,
Mr. D. H. Thorn pk ins has over fifty acres of
pens planted. lie is a good farmer.
Miss Nannie Matthews, of Edgefield, has
been visiting her sister, Mrs. P. M. Pope.
Mr. McGhan, of Aiken, passed through town
Inst week with several fine horses for Ashevllle,
N. C.
Capt. King is making some needed Improvements
to the bridge over Wilson's creek, near
Ninety-Six.
"Among the things that were" Isour bottom
corn. Upland corn is the Bafest crop.
Our division of Sons of Temperance Is still
011 the advance. New members at every
nir. Iv fni* nlnnlinl must. co.
Mr. A. G. Hurt, one of Greenville's most,
promising young business men, was la town
Inst week for a short time.
Among the visitors to our town In the last
few days, are Rev. W. H. Lawton, of Orangeburg;
Miss Minnie Bozeman, of Greenville;
Col. Alex. Stuart, of Greenville; Mr. Thomas
D. Jackson, of Augusta; Mr. and Mrs. J. H.
Bailey, Laurens; Mr. Ed. Penn, Greenwood;
J Mrs. W. S. Wlghtman, of Anderson; Mr. W.
H. Mays, Greenwood; Dr. G. F. S. Wright, of
Columbia; Col. A.Coward, Rev. Mr. Corley,
Newberry.
, Messrs. J. D. Moore and John A. Watson
spent last Sunday In Chappells.
Mr. J. H. Rice. Jr., who has been teaching at
Snntuc, Union county, having completed his
school term, has come home to spend the vacation
with his parents.
Dr. C. C. Taggart, who commenced the practice
of medicine here a few months ago, has
concluded that the good health of Ninety-Six
will not warrant his staying, so he has moved
to Vaughnville, Newberry county. While the
Doctor only stayed with us a short time, nevertheless
he was very agreeable and popular,
and we commend him to the good people of
Vaughnville.
Mr Freeman G. Martin, living In Edgefield
county near Nluety-Slx, died on last Friday,
the 27th, at the advanced age of 75 years.
During a long life Mr. Martin enjoyed the respect
and confidence of all who came In oon- '
tact with him. He leaves a wife and three
children, who haye the sympathy ot a largo
circle of friends.
Mr. J. A. Stuart, one of the best farmers of >
our section, called in to seo us a few days ago.
He represents his crop as doing well. His .
neighbors say ho has %flne crop, the fruits of
close attention to business. Nothing Is mora,
beneficial lo'acrop than constant fast work.'.
Last Sunday being the fifth Sunday, the
three Sunday schools met In the Presbyterian
fhnroYy nnfl u/pta flHdrPJWPd hv the RftV. Mr.
Corley, of Newberry, at 11 o'clock A. M.t and
in the evening the Rev. W. H. Lawton preached
in the same church to a laree and appreciative
congregation. Rev. Mr. Corley preached
at night.
The mnny friends of Mr. W. P. Lipford sympathize
with him in the loss of his child Inst
week. EAST END.
WELCOME ECHOES FBOU A DISTANT
HILL.
Kind Word* Tor the "Pi-chh and Banner," The
Road Law Should be
Publishcd">HeaIth, Sickness, Life,
and Death.
Mt. Cakmf.l Mny 30, 1887.
Mr. Editor: In a recent Issue of your puper I
noticed tin nrticle setting forth the law on
trespass; and I have heard it spoken of by
some of your renders In very complimentary
terms and as being instrumental in doing
much good, and placing the law before the
masses of the people who would never have
an opportunity of seeing the Statute book.
Your readers would like you to give them the
"lload Law" in a short plain way so as to be
understood by the people. Your correspondent
Joins in the request that you from time,
and at your convenience ventilate these laws
of common every-day use, and bring them before
your many readers in a condensed form
iiuu 111 piuni muguugc IU uc uuunsvuvxi uj
all.
We are still longing and waiting for rain.
Our grain crops are In sections almost gone,
corn and cotton will sutler soon if we <lo not
hnve raiu.
Sickness Is still in our community, Mrs. M.
C. Powell is better. Mrs. Isa Morrab Is quite
sick.
Mt. Carmel's public schools will run four
months and three weeks.
A heavy storm of wind here on 26th inst.
damage excpt to fences.
Mt. Gunnel's town council will place its Ordinances
before the people soon. Look out for
them, as they will be enforced to the letter.
T. O. Baker Is going ahead with his college.
Worlc still progresses on the Presbyterian
church.
Mt. Carmel's Temperance Social and Literary
Club met Friday evening 27th inst., President
Patterson in the chair. Several addresses
were made and recitations, essays, and
readings by several ladles A^er which five
new members were added. Upon the whole,
our club Is fast gaining ground and Interest
promises to be of lasting benefit to this pec pie.
Our High School had Its usual interesting
exercises on Friday afternoon, Mr. J. P.
Smith delivering a pointed and timely address
on education, which was well received
by a large crowd of visitors, assembled to hear
(lie varied and interesting exercises of the
afternoon. I think all went from those halls of
learning feeling wiser and better, for the Instruction
and pleasures of the afternoon.
Miss Mercler of Georgia Is here on a visit to
her father.
Capt. Betts Is moving toLowndesvllleto take
charge of a section there. We regret losing
him but. congratulate him on bis good luck.
The sick of our community are Improving.
Miss Fannie Dyson of Newberry is visiting
relatives here.
Prospects this morning for rain are good.
JUST THE MAN FOR PRESIDENT OF THE
SOUTH CAROLINA COLLEGE.
-?
The Testimony of a Former Pupil as
to Mr. John Gadsden's Eminent
Fitness for the Plaee.
Sewanee, Ten jr., May 21,1887.
Editor Prcs* and Banner:
Hearing that President McBride expects to
resign Ills post at the South Carolina College,
and hearing also the name of Mr. John Gadsden,
of Suinincrvlllc, proposed as his successor.
I beg your permission to make known,
throuzh your columns, my own personal
knowledge of Mr. Gadsden's rare abilities as u
disciplinarian. I attended Dr. Porter's school
in Charleston for about three and a half years
during which time I was necessarily broug it
into frequent contact with Mr.Gadsden.be
being the principal of the school, aod I can
state that few Indeed are trie menwnocouiu
have tilled that high position in the admirable
wnv in which he did. Mr. Gadsden is a
man of the deepest rcliidous character, having
the highest sense of duty and honor. Mo
is moreover blessed with a sound and vigorous
mind and endowed with a large share of
sterling common sense. Possessing to an eminent
degree the amount of sternness nccessarv
to the head of an institution, he unite*
this quality to an affability which wins the
love, and a dignity which commends the respect
of all those over whom he is placed. I
feel that in paying Mr. Gadsden tills tribute,
I voice, though very inadequately, the sentiments
of all or, at any rale, of almost all of
die alumni of the Holy Communion Church
Institute, who knew that institution In its
prime, when he was its principal. There Is
110 vacillation in Mr. Gadsden's character.
He knows how to stand firm in all cases and
to adhere to what. Is right, be it against opposition
or not. Therefore the most implicit
confidence can be placed in him, since every
one knows that he will.stick to what he has
laid down as a rule. Not that, he would persistently
cling to any rule which proved to be
inadvisable, for his sound common sense
would prevent that.; but in general he closely
observes all rules laid down, as Indeed, lie utiilfnluhlv
should. PosResslnir all these and
many other excellent qualities essential to
the head of an Institution of any sort, whether
it be a school or a college, Mr. Gadsden Is
ultnir:ibly fitted for the position for which his
name Is proposed. To sum up briefly I would
>ay that as a Christian, a scholar, and a jrcnllcman,
Mr. John Gadsden is just tlio man for
the Presidency of our state College, and I as
me ill his former charges desire to express,
ii my own county paper, my humble opinion
ivhieh is derived from my own pergonal expl* ience
and also irom the similar experience of
fellow alumni of the Institution iu which he
resided. I remain,
Yours very respectfully,
0. T. PORCHER.