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The Press and Banner By HUGH WILSON. Wednesday, Sept. 23, 1891. Twelve lArj^es. READ BOTH SIDES? - * Should Treasurer Blake Be Paid ? ? ' TRUTH, LIKE A TORCH, THE MORE ITS SHOOK IT SHINES. The Comptroller <<eiieral*N Si?lo ol the <lnestion?Tlie I'rws and IJanncr's Ueply. "As some incorrect statements have been published in reference to the settlement of the comptroller jjenerul with Treasurer John It. Blake, of Abbeville, that are misleading, it may be well to give the public the tacts in the case. "After the death of Treasurer I. W. Perrin, and before the oflice was turned over to sue-; i..k? i) t in. iimntrnllor yoner al authorized Mr. A. \\\ Soncs, then auditor of Abbeville county, to make a settlement with Air. J. \V. lVrrin. In the settlement made December 8, ls'JO, Treasurer l'errin received $1,000 commission, having collected over $50,000 taxes. When the comptroller went to Abbeville ou the 17th of August, 1891, to settle with Treasurer Ulake, he found that he had credited himself with ;S (i commission for collecting balance of taxes uncollected by Treasurer l'errin. "The comptroller refused to allow Treasurer Blake commission for collecting the balance of taxes, for, under the law, the tcasurer's commissions shall not. exceed ?1,00<> per annum, and Treasurer Perrin before his death had collected taxes euougli to entitl?: him to the SI,000. The matter has since been submitted to the attorney-general, and his opiti, Ion is as follows: * OPINION OK THK ATTOHJfKY CKNEUAL % Cot. I'M III A, S. Sept. 17, 1S91. Hon. W. H. Ellerbe, comptroller general of the state of South Carolina, Columbia. S. C.: Beau Silt?In response to your request for . my otuciai opinion as i<? me cuiiMruoiuu 3 section 274 of tlie general statutes of this state, wherein the compensation of county , treasurers is ftved, so far as the same is applicable to Die case of Mr. J. W. Perrin, deceased, as county treasurer of Abbeville county, and as the same effects the present county treasurer or his Immediate successor In office, as to taxes of the fiscal year l.v.i-lsiio, collected by them respectively, I beg leave to state the same. This section as fixed by the act of IS*! (lstli volumne statues at large 5S2-r>$i) provides as follows : "The following shall be the compensation of the county treasurers upon all taxes collected In their respective counties ; four per cent, upon the first $10,000, :i per cent, upon the next S10.0J0, 2 per cent, upon the next >lo,000, and 1 percent, upon all amounts collected over $80,<JjW; provided, the same shall not exceed $1,000 or be less than 5701) per annum, except in the counties of Chesterfield. Charleston, Horry, Union and Pickens. You state that before Mr. Perrin's death lie had collected of the taxes of the fiscal year 'S9-'90 something over SoO.OOO. and that since bis death Mr. Blake, his successor, has collected several thousand dollars of the taxes of the same fiscal year. Thus when you as comptroller general are called upon under the law to settle the accounts of these county treasurers, the diilicultj;, or rafher, I should say, the necessity, is presented ol determining to whom the commissions as provided in the section under discussion shall he allowed. Under the laws of our state there is no sala, ry allowed couuty treasurers. Commissions upon collections made is the compensation to such officers. Limits to such couunis sions are carefully provided "upon ail uixcs collected in their respective counties" is one limit. The per cent, allowed shall not In \ paid alter the limit of S-lO.Ot*) has been reached, and these commissions are luriher limited to one year. Mr. Perrin in his lifetime having collected over the $10,000 became entitled? thereupon, to the sum of $1,000 which was the limit fixed by law to such commissions in Abbeville county for the year. Such being the case, what are Mr. Blake's rights as :o commissions on his collecllons? Clearly Mr. Perrin could not have been allowed auy commission on the SM.OOU he collected over and beyond the $10,Don which he was entitled tons commissions. Is not Mr. l.lake in the same condition. It 18, tnerefore, my opinion that under the law you must allow Mr. Perrin Sl.tlOO as commissions .and decline to allow Mr. i'.iake any commissions. Respectfully, ( Y.J.POPE, Attorney Cent ral THE LIABILITY OK LAN!>. "As to the ignorance of tho comptroller general," conlluued General Kllcrbe, "that land is not liable for the taxe* on personal property, yon may publish this opinion of iha nsKiatiint uttornev general. CoLlTMIttA. Kept. !l, [S'.tl. Hon. W. IT. Ellerbe, Comptroller Genera). Columbia, s. C.: DkakSik?Your Inquiry whether land may be sold to pay the tax assessed on personal property when no personal properly can be found at the time of collection is received. In reply I have the honor to slate that in my opinion it may be. The law directs that personal property must first he taken, but if there is none, or not enough, then the land must be sold for the taxes. 1). A. Townsend, Assistant Attorney General. PreH.H nml Rainier in liofily. The State of Kouth Carolina is impersonal, and those officers who may happen to be in office at any particular time have 110 right to make new and strange rulings, which are not only contrary to reason, common sense, and justice, but which are also contrary to established usages, and retro-active in their operation. The Attorney-General in giving oiliclal countenance and support to the CoinptrnlierGeneral for unjustly withholding from Treasurer Blake the commissions to which he is entitled, uses these words: "Upon all taxes collected in their respective Counties'Is oue limit. The percent, allowed shall not be paid after the limit ofSia.iwn hasbeen reached, and these; commissions are further limited to one year." It would have been gratifying if the learned Attorney-General had quoted the Act ol the Legislature, (or the law) which uives the "further limited to onei/rar." That the learned Comptroller-iienerai vvncii ue miui iuv muc was "limited to one year," had reference to the calendor year is perfectly certain, when It is equally certain thai everv previous settlement has Included the full term of the tiscal year, generally commencing November 1st, and ending (October :>lst. The Attorney-General says that Treasurer Perrin collected >10,(NJ0, and could not have collected coDimissiohs on any amount over that sum. True enough, but the learned Attorney-General seems to have lorgotlen that Treasurer Perrin had undertaken not only to collect the whole of the taxes, but to pay out the money, keep his office open , ami perform sill other duties lucident to the office, for u mini which should not exceed $1,0.ki. For the faithful performance of that duty lie had Riven ample security. I'.ut, instead of apportioning the lees or requiring the late Treasurer to complete his work, he is excused from the performance of a large part of the official work, is paid the lull fee, and Treasurer lilake Is denied any pay. ? Let us go back to the l>ezinnin<; ol Democratic rule, and sec it the ComptrollerGeneral and his legal adviser?the AttorneyGeneral?have not run counter to all former rulings, as far as Abbeville County is concerned : Iu January, 1H77, Captain J. \V. I'errin was appointed "Special Agent'' for the collection ot voluntary contributions with which to sustain the ''Hampton Government."' lie went on collecting the money until June of thatyenr, when he settled the trust, u . ?* pa it I, for his services, and entered upon the duties ot County Treasurer. At the same time Colorel J. T. Robertson was appointed Auditor and entered upon the duties of that office. Previous to that time, the old Auditor had gone on with the work of taking tax returns, and aUbb time when the legality of the Hemocratie1 Election was established the tax books were so tar completed as to be ready Jor the putting on of the taxes. The question then arose as to who was entitled to the fees or salary of the office. We ' are told that so good a man?so true a Democrat?as the Hon. Johnston Ihigood, then Comptroller-General of the State, ruled or held that the New Auditor was entitled to all v the fees, although the old officer, as iu the case of Treasurer Perrin, had done most of the work. 6k> If we are correctly informed, it will be seen that the Keform Democratic AttorneyGeneral, in 1S1U, ruled diametrically opposite to the precedent set by the Democratic Comptroller-General in 1ST7. Before leaving this subject, it is but just to say that Mr. Itussell, the retiring or old Auditor, informs us that i oIon el Robertson, the new Auditor, said to him that lie (Robertson) had not earned all the fees, and he would not take all of them. In veritication of Air. Russell's statement, on turning to the succeeding report of the Couuty Commissioners, this eutry among the payments will be found : "L. H. Russell, late Aditor $150." "J. T. Robertson, present Auditor 000." As further proving that the salaries of the old officers were apportioned In 1877, according to the equities, the following eutry from the report, of tlie Comity Commissioners is also quoted. I'aid "T. AT. Christian, late County Coinmis-1 sinner, William Pope, same, v.'-Vi!*. We arealso informed Unit, in Ueeenilier or j January ln>t when Auditor .tones left tliat. otllee.aiul Auditor 1 trad ley came in, tiie teesh or salary of t lie otlice was divided or apportioned between the outgoiiis and incoming olllcers. j ( Surctv thi'so nroccdents were based on <"-0Hi- ' t.v, unit having been established. Ilicy should | not bfovi'ri'lili'd, so :is to be retro-act iv?\ Hut, whether or not it is susceptible <>t proof'; that the C'otnptroller-Cieneral in I>7V ruled.as was reported, it is absolutely certain that the fees were divided or apportioned between t lie * till and tlie new Auditors, just as they should liave been between the old and the new 1'reasutvr, or else the new Treasurer should be paid hiseommissions as per the rule laid down in the law. We believe the wisest and ablest, lawyer iii the state will not deny this proposition. I,ft the reader bear in mind that the fees of the old and the new Auditor for ls7i'.-77 were divided, and that the lirst Treasurer, as special agent, was paid some VAN I tor about live or six months service, and we have no account of any discount ever having been made mini any year's salary on this account. The universal, or invariable custom, has been to settle with Treasurers alter the coiled ion year, and in no other instance has any settlement occurred before thai work was finished, and to show that no legal settlement could be made before the completion of the collections, we quote, section --Hi of the Itevised Statutes, which appears elsewhere. Does the reader sec any authority lor making a settlement with the treasurer before he has completed his collections? How could any treasurer inform the County Auditor of thy amount, of taxes, assessments and penalties bclore the expiration of the time allowed by law for the collection of taxes? No penalties could attach until alter a failure to collect. it would seem, therefore, that llio settlement with treasurer ivrrin's bondsmen in December, isirn. when the oflice was still open and the collections going; on, was without the authority of law and without the semblance of precedent. Treasurer 1'lake is not responsible for either the carelessness or the mistake of the Conip millCI'VltliriUI ill mtinKii, .... ? _ . settlement, nor should he suH'cr for any mistake of the Comptroller-General, in paying to his predecessor the lees, to which lie is in equity and fairness, entitled to a part. Treasurer Blake has a legal right to his commissions, under the following law: "The following shall be the commissions of the County Treasurers upon all taxes collected in their respective Counties: four per cent, upon the first ten thousand dollars; three per cent, npou the next ten thousand dollars; two per cent, upon the next ten thousand dollars, and one per cent, upon all amounts collected over thirty thousand dollars, provided the same shall not exceed one thousand dollars, or lie less than seven hundred dollars per annum." except in the Counties of Cheslerlleld, Charleston, Horry, Union and Pickens. Unless the rulings of the Comptroller-General are superior and higher than the written law and may override the custom of precedent, Treasurer Make should receive the -rStiu, commissions, to which he Is entitled, when he is denied a pro rata share of the yearly coinmissions with Treasurer I'errin. The Attorney-General would belittle Mr. Blake's work, by saying ".several thousand dollars." The exact collections were as follows : Treasurer I'errin collected Treasurer Make collected '2S.iiS4.14 It is not the Comptroller-General's computation of figures with which we are contending. It is the premises or the setting of his sums to which we object. In the beginning, he doesn't set them down rl.rht mul lu.ncn his conclusions must of ne cessity bo wroug. if ligures are sot in the wrong column, neither logic nor rhetoric, nor sclent ilie quibbling nor awkward dodging, will remove l'rom view the plain honest fact that Blake has done work for which he is denied any pay. The plan of asking questions seems to be a favorite one at headquarters, and we presume I the learned Comptroller-General Is really and earnestly desirous of being informed when he asks if "Mr. lilake is uolin the same condition, as Mr, I'errin?'' AVe hope to make it perfectly clear that they are not "in the same condition." and that the time is not limited to the calender year, but that all precedent Is, that it is the fiscal year. On the sixteenth day of .September, 1890, a settlement was had with Treasurer I'errin. lie was then paid for the fiscal year: By the State S .100.00 By the Couuty i'lO.Ou By the Schools :ir>o.oo Total ^IllOO.tX) Tliat was all right and proper. We have no criticism lo make of that. On the '!oth day of December, less than four months from the dale of the settlement relerred to. he was paid : By the State S *i<K).00 liy the County ".'iO.oo By the schools 2^0.00 Total SIOOO.OO So, it will be seen that Treasurer I'errin. in the space of sixteen months was paid 5200i>, >m<i we nave no lault to find with him lirt that. i >1. t we wish to convince even the Attorney (juacnii mat Treasurer iiiiiKc is nut m mc same condition as Treasurer Perrin, who entered upon the duties of his olll<*o early in January, 1 Sill. He collected S2S,'.I>1.11 for the state, the County anil the schools. Alter eight niohths?in September?he makes full and exact returns of faithful services, and yet he is denied one cent of pay. The Comptroller-lieucral excuses himself for this otllcial wrong, and calls on the Atlorney-Ueneral who in turn tries to induce the public to believe that Treasurer Ulake should go unpaid, aud without bread, and all forsooth to gain some cheap notoriety at theexpen.se of a man who did faithful service to the .State. To make more, plain the fact that Treasurer l'errin and Treasurer Ulake are not in the same condition, we repeat: Supposing that the previous settlement was made with Treasurer l'errin just one year bef..rn tin- ttrst settlement to whieli reference i?;s been made, and supposing that the comptroller-General makes his annual settlement with Treasurer Blake next year at the usual nine the pay and the term of service for the thirty-six months will be divided as follows: Treasurer I'errin, 10 months j?2,U0ii 'i'reasurer l.lake, 2?? months J.uiJU Treasurer I'errin was paid according to law out ol the tirst money he received and now it is proj>osed to pay Treasurer Ulake out of the last money he may receive, if indeed, it is proposed to give him anything at. all. Although Treasurer l'erriu did not enter upon Ins otlicial duties until the summer or IS77. vet we presume he wiis paid at the suec-eedinssettiement without rebate for money received as special agent, and without reference to the calender year. Treasurer lilake entered upon his oflieial duties in January. 1891, and at the end of eight nonths lie is knocked out of any pay at all. The business of that year is wound up, and he is left without a cent, until he earns more. it is said that he will get a thousand dollars next year if lie collects the taxes for that year. Nobody has over denied that. As soon as he earns another year's salary, he ou^ht to be paid for it. and will be paid for It, unless his superior oilicers determine otherwise, as they have done this year. lint he is just as much entitled to SStlO now, or a lair apportionment of last year's salary, as he will be next. September to SI .mm. The learned Assistant Attorney-General gives it as his opinion that land in the posses'??? n<in-l\'ic<n* innv im unl/l tn I<siy the taxes on the personal properly of the vendor. While we are very inuoh obliged to him lor his opinion, and while he may be correct, we beg leave to dill'er from him in that particular until he is al>le to quote the law on the subject. A Judicial opinion, without quoting the authorities is not superior to a newspaper article. The State of South Carolina pays every officer, monthly, except Auditors and Treasurers, and in their cases the law directs that they be paid out of ttie tirst money collected. Then why discriminate against Treasurer l'lake? 1 toes the idea not surest itseil to the reader that there is no good reason for Hie exception in his case, except to uphold a previous erroneous ruling? "Uostril'liic I llllll juration.** For how long, and why? Immigration should bi* restricted until we ihave assimilated those who have already come, and immigration should then lio permanently restricted to those who are not likely to become 'publiccharges, but who will become 'intelligent, self-supporti tg American citizens. America i* the dumping ground of Kurope to-day, and we have those here who bad no regard for law before they came, and have no adaptation to our institutions. ,*It does men good to admire what is good and beautiful; but it does them infinitely more good lo love it. We grow like what weadtnire ; but we become one with what we love. A man can no more be a Christian without facing evil and conquering it than be can be a soldier without going ! to battle, facing the cannon's mouth, ! and entercountering the enemy on the field. ( The new Constitution of Kentucky J has been adopted by the people by a majority of ninety thousand. This J Constitution prohibits the charter of 6 lotteries. la I 1 THE WILL OF JANE TAYLOE. s A ? ? T THE DECREE OF JUDGE WITHERSPOON. ct The Probate .lurigre. Willi Very Slight .Moililicaliftii. is Aflirmeil. ^ si'ATi: OK SOl'TH CAROLINA, COUNTY OF ABBEVILLE. In Common Pleas. .Mary Hughes, Margaret Dodson. Harbary Brock, ami Jane Johnson, plaiutills, 51 against K.T. Kirkpatrick, as Executor of Jane Taylor audio his own right, Kllzabeth Shaw, Hannan Kirk pal rick, AnnicTaylor and James Taylor, defendants. Appeal from Probate Court. Jane Taylor, the wife of the defendant Jas. Taylor, and the mother of the plaintiffs and , of the other defendants above named, died p testate on or about the lrtth day of December, l?vi. The defendant 11. T. Kirkpatrick, a son ? oI Jane Taylor, duly onalilied an executor of " her will. The plain tills, four of the children ol Jane Taylor, instituted the above entitled action in the Probate Court for Abbeville county, for an account- and settlement of the estate of Jano Taylor. The Defendants Hannail Kirkpatrick and Annie Taylor appeal ? from the decree of the Probate Court, rendered .May M, lKyl, and Ihe cause came on to be . iieard by this Court upon said appeal. . The lirst. and second grounds of appeal al- , lege that the Probate Judge erred 111 disal- . lowing the claim of Annie Taylor for services rendered her deceased mother. I do not think that the evidence is sufficient to estabiish the claim, and the lirst and second ' grounds of appeal are overruled. The third, lourth, lifth and sixth grounds of J appeal allege, that the Probate Judge erred in a so construing the will of Jane Taylor, as to require the legatees who received land within . life time of testatrix to account for the same, J. at the value fixed by appraisers appointed by *. testatrix, and lliat the appellants should uc- j: count for the land devised to thein at the ? vulno tivrxl liv :mnr:iisers nnnolnteil bv the . Kxccutor. '? The seventh and last ground of appeal al- *. legos, thai, the Probate Judge erred In con- i eluding (hat those who received more than J an equal share of testatrix property must pay ( hack a sufficient amount of money to pro- ? duce equality. J" In constructing the will, elleet must be J; given to the instruction of the testatrix as ; ascertained l'rom the consideration of the en- . tire will as well as the circumstances under . which the will was executed. ? The will is dated October 5, 1SS7. Prior to that date, testatrix had conveyed portions of ^ her land to all of her eight children, with the i exception of the appellants Hannah Kirkpalrick and Annie Taylor, and had the land so conveyed appraised by sworn appraisers j o! her own selection. ^ The land conveyed to her son K. T. Kirkpa- , trick consisted ol 155 acres, valued at SO per *. acre. ? The 150 acres conveyed to Mrs. Hughes was valued at 55 per acre. The ICS acres conveyed to Mrs. lirock was valued at S8 per acre. V The 152 acres conveyed to Mrs. Shaw was J valued at S7 per acre. * , The 120 acres conveyed to Mrs. Dodson was valued at $10.50 per acre, and the 120 acres conveyed to Mrs. Johnson was valued at59.50 per r acre. Testatrix did not convey any portion of her land to her daughters, the appellant. Hannah Kirk Patrick and Annie Taylor. Under these circumstances testatrix executed her will. After providing in the first, clause for the payment of debts, testatrix in the second clause directs her Executor to sell a certain tract of 210 acres of land, and in the third clause directs the sale of her personal prop- . erty.&c. in the fourth clause testatrix directs that ' the proceeds of the real estate and of the per- c serial property be divided equally, share and . share alike between her eight children as c above named, and the following is the conclusion of said fourth clause: "May deem it so that all my children should ~ "be made equal, and in making the said divisions, all advances heretofore made to ' "thehi in land are to be accounted lor by c "them in accordance with the terms of the . "deeds of conveyance to them respectively." ' Testatrix states in the filth clause, "I have : "not included In this, my will, my home tract 1 "containing lour hundred and fifty acres, as . "the said tract I intend to convey to my j "itaughiers, liJinnan-KirKpaincK aim aduic "Taylor by deeds as to others," and after indicat In}: how she intended to divide the 450 acres between said daughters, the* fifth clause of said will concludes as follows, "and I do ; "hereby give and devise the above named "tract* to said Hannah Ivlrk patrlck atiu An- " "nle Taylor as above directed, in the event ' "that my death should occur before making . "the deeds of conveyance to them as above "indicated. "The one hundred acres of the tract given "to Annie Taylor of which the use and enjoyment is given to James Taylor is to be . "ducing his natural life or widowhood." The sixth and last clause of the will relates . to the burial of the testatrix. The200 acres devised under the fifth clause to Hannah Kirkpatriek was valued Septeir.- j. ber 1-1,1889, at$11.00 per acre, and the balance I, of the !.')() acres deeded to Annie Taylor in the said clause was valued at S1H per acre by , sworn appraisers, appointed by the Kxecutor. Two of said appraisers had been selected by testatrix to lix the value of the land conveyed by her to the other children, and the third ' appraiser selected byj testatrix* being dead, " the Kxeculor substituted another. The appellants Hannah Kirkpatriek and . Annie Taylor contend tiiat the main obiector , the will was to provide for the distribution of the proceeds of the2M acres of land and the . personal property aiising under the second and third clauses of the will?that such proceeds should be divided in such proportions that the children to whom the more valuable tracts of land were conveyed or devised , should not receive any portion of said pro- , cecds until the children receiving the leatt valunble tracts were made equal out of said ^ proceeds. This construction is Inconsistent with testa- , trix direction in the fourth clause, that the ^ proceeds of the 210 acres and the personal 1 property "be divided equally, share and share "alike,between my eiuht children," ineludIng Hannah Kirkpatrick anu Annie Taylor to whom testatrix intended to eouvey by f, deed as to her other children, but tailing to convey, did devise the more valuable tracts | ol land. 0 | in the same clause in which testatrix directs the division of the proceeds of sale of laud and personal property equally between all of her eight children, she expresses the desire that all of said children shall be made equal, and for that purpose that all advances heretofore made to said children in land are to be accounted for V>y them in acco rdance with the terms of the deeds of conveyance to them respectively. n The deeds of conveyance of land by testa- J trix to her six children are not before the Court, bull must assume that the several tracts of land were conveyed by testatrix as y advancements, as expressed in the will. Tin-fact that testatrix directs that her children to whom the land heretofore conveyed should account would seem to give force to the appellants position, but in (jiving etlect (o tin; word 'heretofore" it must be consid- h ered in connection with the other premises t< ol the will. s< in the next (the filth) clause of the will, f< testatrix relates that she has not included the J-V> acres In her will, as she intended at h the time of the execution of her will to dl- ti vide the 150 acres, and convey the same to her daughters llannuh and Annie "by deed .1 as to others." N Here we have the intention expressed by tl testatrix to place her daughters, Hannah and Annie upon the same looting with her CI other children to whoir she had conveyed ai land to be accounted for ns advancemuuts. Testatrix intending at thctimoot the exe- N cution ol her will to convey the |.*>0 acres to In Hannah and Annie upon the terms that she bi had conveyed to her other children, must have intended that. Hannah and Annie li should account as she required her other n children. Ic The devise of the l."?0 acres in separate tracts 01 to Hannah and Annie "as above directed in gi "the even tiny death should occur before" it "making the deeds of conveyance to them" gi "as above indicated," confirms the deed el above expressed as to the testatrix's (mention. A This'construction is consistent with the expressed desire of testatrix that all of her di eight children should be made equal under her will. bi The 210 acres directed to be sold is valued in at si,200. The value of the personal property does h< not appear, but from the testimony is pre- N sumed to be inconsiderable. li it is not likely that testatrix cou Id have ex- 1 peeled the proceeds of the 210 acres of land hi and the personal property to produce a suf- t?: tlcicnt 1 mill to make all of her childrcu al equal. hi To allow Hannah and Annie to participate, either thi! other six children, on the division N' of the proceeds of the 210 acres of laud and in the personal property under the fourtn lis clause of the will, and to relieve tliein from accounting for the more valuable tracts of da land devised to them, could not be consistent M with (lieexpressed desire of testatrix that in all of lierchlldrcn should he madecquuUindcr se her Will. ) It is true that theehildren to whom testatrix ill conveyed land cannot be compelled to ac- J'o couut, as tor advancements. I They have not appealed Irom the decree Y< of the 1'robateCourt requiring them to ac- arl count for their land at the value llxcd by ap- 1 praisers, appointed by the testatrix. an Hannah Kirkpalrick and Annie Taylor t'ai must, take the devise subject to sucU an ac- wi counting as will equalize tho shares of them J who do account. t111 In estimating the value of the laud de- A. pised to Annie Taylor, she should not be re- list juired to account for tho value of tho life tra sstate of James Taylor in said lund, as pro- J ?ided under the fifth |*>J clause of the will. in To this extent the decrce of tho Probate A Tudge is hereby modified, and in all other Ye- inu [pects said decree is hereby affirmed. A Except us herein modified, it is ordered tov ind adjudged tjjat the decree rendered here- sist mmmm *&* *. ovg.'???a by the Probate Judge, dated May 14, 1891, i affirmed, and that the appeal therefrom Y tlie Defendants Hannah Kirkpatrlck and nnieJaylor be dismissed. f The Clerk of the Court will furnish tlie robate Judge for Abbeville County with at jrtillcd copy of this order. i. 1). Witherspoon, Sept.r>, IS'tl. Presiding Judge. Parker k McGowan, attorney for R. J. K.; iiemn n (i.irv. defendants attorney : Coth lu, J'errin & Cothran, attorney for platntifl. WEDDING ON THE HILL, (Ins Gertrude TV. Barnes Married to .Mr. Walter W. Cameron. New York World. St. Bartholomew's Church., Pacific street nil Bedford avenue, presented a scene of unsual activity last evening. The occasion was le celebration of the nuptials of Miss Gernde W. Barnes, daughter of Mr. and Mrs. Idward Barnes, of No. I'C Herkimer street, nd Walter W. Cameron, jr. The brideroom is a prominent merchant of Greenood.S, C. Rev. T. B. Oliver conducted the srvice. At 3 o'clock the bridal paty entered ic church. First came the ushers, Charles I. Barnes, John Sherman, Edward Lyon and '. F. Randolph. Then came the two bridernids, Miss Alice Jennings, of the Hill, and Liss Essie Osborne, of Sheepshead Bay. They rero dressed alike in pink silk, with lace rimroings. They carried pink roses. They erefollowed by the best man, Charles D. Urnes, and the bride's mother, and the bride ?aning on the arm of hor father. Miss Barnes is a remarkably pretty girl of lie blonde type, with large, expressive blue yes. She was utlred in a gown of white utile, en train, and veil. She carried a bouuet of white roses. Her only ornament was diamond.Star, the gift of the bridegroom. Among those present in the church were: Mr. ami Mrs. William Goylord, Mr. and Irs. S. G. Feetes, George Malvil, ol Boston : Irs Laura Dayton, the Misses Kinghurrys, Ir. and Mrs. Minot. Kilredge. Miss Marie Wickles, Mr. and Mrs. J. Bold en, Mr. and Irs. Charles Rushmore Clarence Lent. Miss lusio Roberts, Miss Bertha Cutting, Mr. and trs Wnlter Scoot. Mr. and Mrs. Edgar Bruce, ir. and Mrs. C. Grail", Mrs Fannie Bennett,: >Irs, Lizzie Barnes, Mr. M. Hutchinson, Airs, 'lark, the Misses Sadie and Stella Clark, ieorge Glidden, Mr. aud Mrs. Charles Fetchu, Joseph Bradley, Mr, and Mrs. James ,'arstens, Mr. and Mrs. Clarence BeardIcy, Miss S. Watson. Miss Blanch Small, larry Smith, Mr. and Mrs. J. Cutter, Miss ,'arrle Wiley. Mr. and Mrs. G. Stott, Harold )ean. Mrs. Klla Ferriss, Mr. and Mrs. Frank >mith, Mrs. Cummings, Mr. nnd Mrs. Jouthnoy, Mr. and Mrs. Brinkett., Mr. and klrs. T. Brlgham, Ernest Green Air. and Mrs. Waller. Mr. and Mrs. J. M.Story, of Augusta: Mr md Mrs. Louis Clinton, Mr. and Mrs. W. It. Iubbard, Myrlc Granger, Louis Morse, Mrs 'una Salley, Mr. and Mrs. Fradz Kngle, Miss ilary MeGee, U.S. Spaden, Mr. and Mrs. W. I. Devore. Miss Carrie Cleary and Mr. George Stephens, ex-Mayor of Cambridge, Mass. After the Ceremony the newly married :oupie took their departure for a short, wedlin>rlour. They will return to the city on he 17 of September. Theu a reception will >e given at the residence of tho bride's parTh<>v will reside in Greenwood, S.C. THE BOEDEAUX COUNTRY, ilorious ItesnIts from KcllyrioiiN PerNecntlon?Traces of01<l Fort* still to ho Seen?Inventors Pretty Visitors. Bordeaux, Sept. 12, 1801. Bordeaux is located on the Savannah Valey railroad, about eight miles northwest of ilcCormick. The country in this part of tho ounty is uneven, but. productive. The people are of French, Irish and Dutch lescent, but principally French. We find them thrifty, energetic, sociable md in tell I cent. The French settled in Borleaux In Colonial days under the leadership >f Rev. John Lewis Gihcrt. an ancestor of he(>lberts now living in this part of the :oun ty. These colonists came here to seek a liome n the wilds of America where they could worship God according to the dictates of lieir own conscience. Persecution in France, because of their reiglous principles, forced them to leave the and of their fathers to come to America, vliere they had to contend with the niurder>us attacks of the red man. Even to-day the breast-works of the colinists are to be seen here and there in narts if this country. But what a contrast to*liiy! -where tho hut of the poor Indian stood and in the same lands.where lie was accustomed o engage with his fellow-man in bloody commit, stands the stately mausion or marvellusly speeds the gigantic steam engine. All this wonderful contrast within the space if two hundred years! The late rains have injured to some extent he cotton crop. Mr. Allen Moragne has invented a succcssuI spark arrester to be used on the smoke tacks of steam engines, lie is a good busness man, makes fine crops and is ginning or the public. Ho says lie ginned 7.10 bales if cotton last, winter averaging 500 pounds. Mr. J. 2sT. Newby is building a barn, and Mr. . W. Furqueson and Mr. K. G. Newby are ach having a dwelling erected. The four acres of land on which Liberty 'hurch is built was iriven by a Mr. Moraine bout one hundred years ago for the benefit fall denominations. We are told that the rusiees 01 uus property are nu aeaa a.ia but religious services here have boon disconIlined. Perhapstbc property could be sold ur thebenefitof other cliures. Cbpt.lt. J. Robinson, of McCormlck, is in lie neighborhood, surveying the iiarmon iinds. Mrs. Mary Golden, of Hodges, is visiting datives in this neighborhood. Miss Fannie Singleton and Mr. Charlie Villis, of Hordeaux. were married on the Gtb nst., t>y Rev. J. A. Harmon. Messrs Burdushaw and Cowan are still sawtii: for the public. Section master, Edward West, formerly of Voodville. Ga., is comfortably quartered at lr. J. F. Singleton's. Rev. J. M. Steadman preaches here in the lornings on the second Sundays and in the lternoons on the fourth Sundays. Rev. \V. l. Gaines preaches here in the mornings of lie third Sundays. Crops in this neighborhood arc good. Merchants here have recently received a lot f now goods. Mr. George McKinney has just learned of be death of his mother-in-law, Mrs. Beasely f Bradly, S. C. Miss Maggie Hammond, of Abbeville, Is jaching the Hordeaux school. Her patrons re well pleased with her work. N. O. Pylcs. ? <t9? [ HE PEOPLE OF DUE WEST. ? Unit J hey arc Doinx and What Our Scribe Has to Say of Them. DlfK Wkst, Sept. II, 1891. Dr. I). W. Iteid, and Mrs. lurnage, whohave uvc been living at Donnalds, have moved In jwn, and will occupy rooms at Airs. John>n's. Mrs. Turnuge desires to open a school >r children. Mrs. J. O. C. Fletnmlng, or Laurens, who as been visiting her mother, Mrs. Todd, reamed home last Thursday. Messrs. H. P. McGee, J. It. McOee and ltev. . A. lirown, returned on Thursday, from luely-Six, where they had been attending ic Abbeville Raptlst Association. Mr. J. T. McDill, left Friday for the Northrn market", where he will purchase his Kail ml Winter goods. Mr. and Mrs. Agnew, who have been In the orth purchasing goods, have returned nine. Their goods arc fast arriving, and are eing opened daily. Did you go lo the dime reading at Mr. Devil's on last Friday night? Well, If you did ot.you missed some splendid music, and its of lun. It was quite threatening wlth?t. but within all was warm and cosy. A jod crowd was in attendance notwitlistandig the rainy weather. The receipts will be von to the Atlanta mission of the A. It. 1'. utrch. Itev. J. II. Pressley preached at Grove, in nderson county, last Sabbath. lie v. Dr. tirier, left for Union county Frity, where he was to preach, ltev. Dr. I'rcssly returned Monday from Ab,'vilie, where lie has been holding a meeting i the A. it. P. church. Dr. Hell, of Antrevillc, now occupies the nise formerly occupied by Mr. F. W. It. < ance. We are more than glad to welcome e doctor as a citizen. i?ur young Iriend Waller Kdwards, who had s arm broken In the match game of base ill between Due West and Lowndesville, is 1 ile to }io up street now. We are glad to see 1 m improving so rapidly. Misses Nannie ami Mattle McCaughrin, ol L-wberry,arc visiting friends and relatives 1 town, They are the guests of Mrs. Wil- i itil llood. t\ protracted meeting commenced on Mon- ' ,y in the liaptist church of this place. Itev. ' . Mercer, of Green villi?, will do the preach- c g. lie preached on Monday night a forcible < rmoii. Miss Nannie Hood, left Saturday for Pen- 11 eton, where she goes as principal of the i ndlcton high school. . itev. M. It. Gricr left last Tuesday for New >rk to attend a training school for Mission les. dr. Pcndergrass and son, of Arkansas, rived on Monday. They are visiting the mily of ltev. J. A. lirown. The young man II attend Frsklne CollegH next session, dr. U. K. McKay and Mollle McDavid of Is placo, were happily married by Rev. J. lirown, Tuesday,at 10 a. in., in the Bapl church. They immediately left for the In. A pleasant, life to them. v Ir. Stansell left on last Friday for his home fo Atlanta, Gn. . Irs. J. C. Millford, of Greenwood, Is visit: the family of Mr. Frank Gei k. Irs. Laura Ilorton, of Lowndesville, is In m, to be present ut the marriage of her ;er, Miss Mollle McDavid. It. j MISS LILA BOWIE'S! SCHOOL. ?.???i? The Close of a Successful Term? liivcly Interest In Education? Hotter School House to be Iluilt " -< -- t 1 I1C ^CrVIt't'S Ml lilt* nniuc wwwn Tenchcr Scoured for >"ext Year. Saturday (August 12th) was the day fixed for the exhibition of the school taught by Miss Llla Bowie. Miss Bowie Is a graduate of the Due West Female College and well qualified lor teaching. The patrons of this school are fortunate in having such a teacher and more fortunate still in having secured her for the same position next year. During the past schoolastlc year there have been about twenty-live scholars In attendance, and the probabilities are that the number will be increased next term. The school house, though not as comfortable as could be desired, has served Its purpose. I The patrons, however, not satisfied with the present accommodations, are already forming plans to erect a new and more comfortable building upon a commanding eminence near by. The erection of more commodious and comfortable school buildings is the natural outgrowth of such occaslous and therefore it is well to have these examinations and exhibitions in connection with the closing exercises of every school in Abbeville County. The children should insist upon It, the patrons of the school should insist upon It and the teachers should be willing to give some time and attention to such details lor the good of the schools and for the Influence It will have upon the educational interests in their respective communities. Time spent in preparing for such exercises is time well spent and will bear good fruit and much of It. j Teachers who arc willing to devote some time to such matters never lack for positions. The forenoon of the day was devoted to the examination of six classes in history, geography and arithmetic. The examinations were conducted in a spirited manner and the prompt answers of the children showed good minds and the art of a skillful teacher. Alier llie iiiimiiiuk UAUitioua llic uuuicn^ was invited to a heavily ladened table of the nicest vlanda. There everything was found to tempt the appetite and satisfy the cravings of the most fastidious. After thss provlsslon had been made for the inner man. the crowd again repaired to the arbor and the exercises of the exhibition proper were introduced with an anthem which was well rendered by Messrs. Lucian Ellis, Willie Kadcilirand Arnett Ellis. The programme was closely followed, closing with an Interesting callsthenlc exercise. The pupils acquitted themselves well, to the gratification of the teacher, the delight of parents and the satisfaction of the entire audience. At the close of the exercises Prof. H. E, Bonner who had been invited to announce the programme, made some remarks congratulating the pupils and teacher and urging the patrons to give their children better accommodations in the way of a school house and to an increased interest In such matters. The location of this school will bo best uuderstood when we say that it is near "Drakes old field" a famous muster ground for the County Malltia before the war. X. X. X. Sowing; a Name. We have seen a young child express the greatest surprise and delight on discovering in a flower-bed its name written in the green of young plants, the seed of which had been sown iu that form by a fond father or mother. But by and by, dear children, you will see your name or character, as it has been planted by yourself, springing up in the opinion people eutertain of you, and It will be exactly as you have sown it. Be careful, then, how you sow. Do not spoil your name by sowing foolishly.?"Buffalo Christian Advocate. ' Paul's Analysis of Love.?1. Patience. "Love suffereth long." 2. Kindness. "Aim is kind." 3. Generosity. "Love envieth not." 4. Humility. "Love vaunteth not itself, is not puffed up." 5. Courtesy. "Doth not behave itself unseemly." (5. Unselfishness. "Seeketh not her 0'*n." 7. Good Temper. "Is not easily provoked." 8. Guilelessness. "Thinketh no evil." 9. Sincerity. "Rejoiceth not in iniquity but rejoiceth in the truth.? Druinmond. "A slander never stops to button its shoes." NOTICE. T FORBID ANY PERSON TO HIRE OR 1 harbor Dave McBrlde as he is in contract to work for me lor the ye?r 1891, will enforce the law against any one hiring him. J. H. CHEATHAM. Sept. 2, 1891, It Master's Sale. The State of South Carolina, COUNTY OF ABBEVILLE. COURT or COMMON l'LEAS. .Joseph W. Toibert against Sallie Burton et al. ?Foreclosure. l^Y VIRTUE of an order of sale made In the above stated case, I will ofler for sale at pub " outcry at Abbeville Court H'xiso, South Carolina, on SALEDAY IN OCTOBER, 1891, within the legal hours of sale, the following described property, situate in said State and county, to wit: All that tract or parcel of land, on waters of Ilenley creek, containing Thirteen Acres, more or less, bounded on the East by lands of M. J. Galphin, South by E. M. Lipscomb, MTsL't K*? W A r Imhonlror nnilVn.lh by lands of L. Moragne, formerly lauds of L. M. .Moore. TERMS OK SALE?Cash. Purchaser to pay for papers. JVC. KLUGH, Master. Sept. 9,l?ll. It Tie State of Ml Carina, COUNTY OF ABBEVILLE. COUItT OF COMMON* 1'i.kas. Martha A. Tolbert, l?lalatill, against John J. Guillebcau, Champion Gulllebeau. Harriet A. Leroy, John I?. liouchlllon, Lemuel liouchillon, Martha liouchlllon, Jane Smith and Guilford S. Cade and J. A. LeKoy, as Executors of P. I.. Gulllebeau, deceased, Defendants. COPY SUMMONS. FOil UELIKF. (Complaint nut Set veil.) I'o the Defendants : Yoi: A HE HEIlEliV SUMMONED AND required to answer the complaint in this action, which is tiled in Ihe olllccot the Clerk >f Common Pleas, for the said county, and . Lo serve a copy of your answer to the said complaint on the subscriber at his ollice at \bbeville Court house, South Carolina, within twenty days after the service hereof, ex- . ilusive of the day of such service; and if you all to answer the complaint within the time iforesaid, the plaintiff in thisaction will ap>ly to the Court for the relief demanded in lie complaint. Dated. August ;>lst, A. D., 1S0I. \V\ A. LEE, Plaintiffs Attorney. 'oJoliu J. Gulllebeau, John K. liouchlllon, v Lemuel liouchlllon, Martha liouchlllon. p and JaneSmi^b, Absent Defendants: Takk Notice: That the summons of 0 rhich the above is a copy with the complaint, ti as this day been tiled in the Clerks oillco at ? Lbbeville, S. C. \V. A. LEE, Plaintiffs Attorney. Sept. 2, 1891, ?t J. 8. COTHItAN. L. W. PERRIN. ?T. P. COTHRAN.? COTHRAlf, PERRIN & COTHRAN Attorneys at Law. AM :n. n ? Due vine, a. u April 29, 1891, tf. D. A. ALLEN, Prop. J. F. RICE, Supt ALLEN MANUFACTURING CO. Clinton, S. C. or sw-vac ADIEUS Builders and Mechanics To Send For Prices and Estimate on SASH, DOOKS AND BLINDS, Scroll Sawing, Turning and Fancy Work of Every Description, Best Workmanship, Lowest Prices. An Experienced Mechanic Superintend all Work. Wire Screen Doors and Wire Screen Windows. Fine! Cried Lite a Specialty. J. F. MILLER & CO. are agents for us, and orders given to them will receive prompt attention. March 2, 1891. 12m. i^SSmtr THE MAIN WHEEL IN A WATCH 1 makes 4 revolutions in a day of 24 hours, or 1,460 In a year. Next, the centre wheel, 24 revoltftlons a day, or 8,760 in a year. The i l l - j ?u 1 no in #> /1n?r r\f c;Q (1*1(1 in o vpiir I/UITU W11CC1 IV 111 a UD.T, VI ... - J The fourth wheel 2,440 In a day, or 545,600 In a year. The fifth, or scape wheel, 12.960 In a day, or 4,728,200 In a year. The "ticks" or beats of the balance wheel 388,900 In a day, or 141,882.000 In a year. The above is mathemetienlly correct, and should prove to you that a WATCH Is a very delicate and complicated machine,andshould It be out of order the watch requires the attention of a First Class Watchmaker The undersigned offers you all the advan taccs that skill and experience can command In the repairing of , Watchs, Clocks and Jewelry. ENGRAVING any style letter or monograme executed at short notice. All Work Warranted 12 Months. A first class stock of GOLD, SILVER and NICKEL WATCHES, JEWELRY, SILVER WARE, GOLD PENS &c. {Rogers and Bro., -?MLdL Wm. Eogers FORKS, KNIVES AND SPOONS. Goods guaranteed as represented or mony refunded. No charge for engraving goods boughtof me. Place of business in f. f. Dunbar & Co's store. H. B. Hennemann, GREENWOOD, S. 0, Jan. 30,1891, tf R. C. WILSON & GO. Having bought the ginnery of G. S. Wilson & Co., located on the lot opposite the Episcopal church, will run the same during tl)e ginuing season. Ginning, 25 Cents per Hundred Pounds of Lint, Buggine and Ties furnished at the market price. The machinery is in first class condition, and the best of work will be done, and the firm hopes to merit and receive a share of the public patronnge. The highest market price will be paid In cash lor cotton seed. Wagons kept for hire to such customers as need the services of a team. We will run a grist mill iu connection with the ginnery, and will be glad to grind corn lor customers any day in the week. p n wTT.sn"Nr fa nn XU i VI I! 1JUUUX1 w w. August 12,1SU1, tf DUE WEST BllIMlH. Opens First Monday in October, 17 LEV EN TEACHEKS. Moderate charges. j Splendid literary advantages. Music and Art departments unexcelled In the state. We train not only the mind but seek to develop the character as well. Send for a catalogue to MRS. L. M. HON NEK, or II. E. BONNEIt, .1 illy l*>, 1??1, tf Due West. S. C. VALUABLE MACHINERY FOE SALE. ( i A Well Established Business | in Greenwood. r rllE undersigned desiring to retire from if business oiler for sale their entire IJ Planing Mill Plant, 1 irhlch is well equipped for the manufacture f DOOItiS, SASH, 1JLINDS, SCROLL AND! 'UKNED WoKK.und general house build- r ug supplies, lumber dressing in all the vari- i us styles, 20-liorse en?lue. The machinery is I iearly new. Good locution In the thriving! own of Greenwood, and a good trade already I stabllshecf. For further particulars call on or address JOHNSTON & WILKINSON. | Greenwood, S. C\, Aug. 5, IS'Jl, Uin * DB. #. B. BEITT, PHYSICIAN ANI) DRUGGIST, - VBRDKRY, S. C UEALER In Pure Drugs, Medicines, Chemicals. Faints, Stationery, line Perfumery and Toilet Articles, Fancy Goods, ?fee. Prescriptions accurately prepared at all hnnru ?>1 1 vOA lOm uuuio* ii/cvi *Jkf n;?/V) liiiu WM. PATRICK CALHODN, Attorney at Law and REAL ESTATE AGENT. IN addition, lo my Law Practice, I have opened a Ileal Estate Agency, and will negotiate purchases and Hales on reasonable terms. I already have a very large Real Estate business. It will be to the interest of both buyers and sellers to >rlve me a call. Abbeville, S. C? Feb. 25,1891. NOTICE IS HEREBY GIVEN THAT AN APPLICA1 tion will be made to the Legislature at its next session, for amendment and extension, of the charter of tbe Carolina Midland Railway Company. H. R. WALKER, Barnwell, S. C., July 22, IS91, :5m Secretary Medical Notice. WE the undersigned have formed a co-nartnershtp under the firm name and style of Mabry & Neutt'er for the practice of MEDICINE and SURGERY In all their branches. Calls will be promptly attended to. When * the services of both are required only one win ut; iiuiuc. THOMAS J. MABRY, M. D., G. A. NEUFFER, M. D. April 1th, 1890. Notice. The undersigned having bought the County right for the sale and operation of the J. G. FALLS & CO. GIN and LINTER, GUMMER and SHARPENER are now prepared to either furnish machines or to do the work themselves. Satisfaction guaranteed. Those wishing: to Inspect the machine can do so by calling at the Abbeville Oil Mill. The patronage of all Is solicited. Respectfully, F.S.EVANS. J. L. PERRIN SEVENTEEN MILLIONS ! ' r Assets. Aetna Insurance Co. - $10,457,497 Hartford < " - G,570,610 . ' 1 REPRESENT THE ABOVE FIRE INI surance Companies, which are two of the best and largest In the United States. With an existence of seventy-tlve years and more, their record and ability are unquestioned. They have paid in losses during that time more than $100,000,000. I can write any amount thft may be desired. Take a policy In either and feel secure. SAM'L C. CAS0N. ? Abbeville, S. C., Aug. 12,1891,2in ,c Fancy Grocery. 6. H. MOORE HAS opened a New Fancy and Green Grocery Store In Cothrau's Block. He deals in everything found in a Fancy Family Grocery Store, where you can purchase the nicest CANNED GOODS, consisting of , Canned Fruits, Vegetables, Meats, JE ic m ML , together with FRESH PRUNES, APPLES, &e., and other delicacies. The substantial^ are T?Annrr R^-rattpast' STOTPS. mmriirsh potatoes"' and CABBAGE. FLOUR, MOLASSES, HAMS, V Cigars of the Best Brands. V % Fresh Fish and Oysters, Pork Sausage and the choicest Beef a specially. Oct. 22, 1890. 6. A. DOUGLASS s Has on hand a full Stock of Dry Goods, Boots, Shoes, Clothing and HATS. A complete line of Saddlos, Bridles and Harness.sCrockpry, Guns, Pistols, Cutlery. Barbed Wire, and Hardware of every description, letups, Lamp Chimneys, Jewelry, Fancy and Domestic Groceries, Provisions, and * r \ r v Plantation Supplies. Just received a lot of Sewing Machines of the latest and most 3 JxT. -11 improved styles wnu an auiauuments and warranted for five years at from $16 to $25. either for Cash or partial payments. ALSO A LOT OF > y.4 Horses, Mules and Wagon3 ' CASH or on TIME and on the very best TERMS. Oct. 15, 1890. wMmm DUE WEST, S. C. NOW IN ITS 52ND YEAR. rilWO FULL COUIISI-X A. I!. AND B. S. 1 Special attention in Knglish. Location licalthlul nnd accessible. Communication by telegraph. The religious intluenccs most decided. OVEK 500 GRADUATES. Total expenses for nine months SUfi. Klegant new building In process of erection. Send lor catalogue to W. M.GUIKU, Aug. 2(i, lsyi. 1'resident. BV VIKTUK AND AI "111( MllTV 'ml1; wlllol Joll.N A!!J.K, deceased, I v, i 11 se 11 ON SALEDAY IN OCTOBER next, at Abbeville Court House, within usualiioursof wile, all Ills KKAL KSTATK, in three tracts as per recent survey. M No. 1,1421 Aw, more or less. tract No. 2,132 Acres, mere or loss. fract No. 3,63 Acres, ? or less, l'lats to bo exhibited on day of sale. Said lands bounded by lands ot Mrs. Dronlan, Lewis Kamoy, David Morrab, .Munro llulord and others. TKliMS CASli. Also one sorrel horse. SAM ABLE, Executor, Sept.!), ISM, ot -I