Historical Newspapers of South Carolina

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? "the d1spensvhy uw~ JUDGE WALLACE DECLARES IT TO BE CONSTITUTIONAL. Tho A nrioraon L'anor CNne [Mxdfl tho Oc cat'on of a R:rl^inc Judicial Dplivfraiice?T?chnlc?l 01>J?ct?oua to 111* Plir?seolocy of th? Act Dhinl<8?d, Anderson, Nov. 8?In the ease of the State vs John 0. O'Djnnell, indicted for selling whiskey without a license and keepin- a place where whiskey is kept for s>:ile, etc., which was called in the Court of Sessions Wednesday, Judge Wallace rendered orally the following decision, on motion of the defendant's counsel to quash the indictment: The question as to the constitutionality of the Dispensary Act has been much discussed in the State, and has developed considerable diversity of opinion in regard to it. Some able and learned-lawyers hold one opinion and others equally as learned hold a differ ent opinion. I have my own opinion, which I will proceed to announce without hesitation or delay. The motion was to quash the indictment, because first the Act provided no punishment n/-..1 r>?< uMthnnf- a ltr?nnq? T 1U1 OClllUt( ll^uui niuivuv V* WVM..W. > may say in passing that the words "without a license" contained in the first count are mere surplus ige, and that the offence charged is that of selling liquor. At common law crimes are divided into two classes,namely, mala in se and prohibita. To illustrate: We have a statute declaring murder to be a crime or rape or arson or burglary. These crimes are described and punishment is provided for them. They belong to the class described as mala in se. When the commission of an act is prohibited by statute it belongs to the class of mala prohibita. The commission of an act prohibited by statute is an offence, because it is a violation of law. The offence charged is prohibited by the Dispensary Act and thus to sell liquor becomes a violation of the law and is therefore an offence. No offence created by statute is a felony unless it Is so declared. Therefore the selling of liquor in violation of Section 6 of the Dispensary Act is a misdemeanor and is punishable, if not by any penalty provided in said Act, then under the provisions of the statute, Section 2,653, Revised Statutes: "Section 2,653. In cases of legal convection where no punishment is provided by statute the Court shall award 3uch sentence as is conformable to the common usage and practice in this State according to the nature of the offence and not repugnant to the Constitution." I am, therefore of the opinion, and so hold, that the offence as charged is punishable under the section I have just quoted. The next ground was that Section 21 of the Dispensary Act,under which the Indictment is framed, relates only to me saie or aisinuuuuu ui uquvio ncp>. by clubs or associations t jr the use of the members. The section referred to reads as follows: "Section'21. Every person who shall directly or indirectly keep or maintain by himself, or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club room or other place in which any intoxicating liquors are reeei/ed or kept for the purpose of barter or sale, as a beverage or distribution or division among the members or any club or association, by any means whatever, and every person who shall barter, sell or assist or abet another in bartering or selling any intoxicating liquors so received or kept, shall be deemed guilty or a misdemeanor and upon conviction thereof be punished by u fine of not less than one hundred dollars nor more than Ave hundred dollars, and by imprisonment in the county jail not less than ninety days, nor more than one year." It is clear that this section does not confine its provisions to club3 and associations, but includes the receiving and selling of liquor in any "other piacc. The third and last grouhd, and the main ground is that. 'he Diapensaiy Act is unconstitutional, and the argument under this branch is concerned chiefly with the purpose ol' the Act. aiid the question as to the police power of the State. There seems to be some confusion regarding the distinction between the Feberal Constitution and the S'ate Constitution. Tbey are essentially different in their nat ure. The Constitution of the United States confers upon Congress certain well defined powers, and such other powers only a3 are necessarily implied from such grant, and wneu an fssue arises as to the unconstitutionality of an Act of Congress thefuestion is, "h^s the pywer late on the subject matter of imo Act been granted to Congress by t he Federal Constitution V" On the otber hand ? ? iAn /\P C/%uf K PutaIi nQ ho. IUC VUUOtltUblUU Ul uwuuii v?iv/auw uw stows general legislative p^wer upon the General Assembly with very few limitations; and therefore, upon an issue regarding ihe constitutionality of an Act of the General Assembly of the State the question is "has the power to legislate upon the subject matter of this Act been withheld by the State Constitution." On this point I have here an excellent authority which I shall read: "The people ot a State in creating by their organic law a legislative department, of government, confer upon it the whole ?f their inherently sovereign and uncontrolled power of legislation, except in so far as they have delegated this power in respect to certain subjects and under certain res'ric? ions to the Congress of the United States, and except also in so far as they contemporaneously impose checks and limits up on the legislative authority, lience the Legislature of a State may enact any lav,(not infriDgiog upon the other departnx^nts) of any character or on any subject unless it is prohibited either ID express terms or by necessary implication <n the Constitution of the United States or of that State. In other wordsth3 constitutions are to be considered as limitation upon the legislative power of the State, not as grants of pdwer (SEAm and Eng Encyclopedia ofcLaw,<?.) In note 2 to above quotation occurs the following: "The distinction between the United States Constitution and the State Constitution is that the former confers upon Congress certain specified powers only, while the latter oonfers upon the Legislature all legislative powers. In the one case the powers specially grW.ed can only be exercised, in the other all legislative powers not prescribed." Citing People va Flazcr. 4R N. Y.. 401: Page vs Allen, 58 Pa. St., 338. Applying the doctrine j lat quoted, which muse be recognized as sound doctrine, the unconstitutionality of the Dispensary Act must be mstld to appear from some limitation contained in our State Constitution itself . upon the power of the General Assembly to enact such a law. No such limitation has been pointed out to me nor am I aware of any such limitation, either express or implfedr Even if the power of the General Assembly to enact the dispensary Uw could be derived only from its police power there can be no question that under that power it would have ample authority to restrict the sale or traffic in liquor. The S'.ate has frequently do^e so in the past by statutes intended to resriilat-i and restrict the tariff in liquor without question hs to its right and authority so to do. This Act declares m its title that such is its purpose "An Act to prohibit the manufacture and sain," etc. "except as herein provided," and its provisions undertake to accomplish that very thnifr by numerous limitations such as rpstrinfincr the olaces at which liquor 13 to be soFd, the hour at which i is to be o>ld, persons to whom it shall be ual i vrul to sell liquor, the character ot r,he person by wno n it is to be sold, the uot selling on credit the prohibition as to drinking on the premises, the limiting the amount to be sold to purchasers, the written application sigued by each purchaser aud other restrictions that need not be mentioned here. It appears upon the face of the Dispensary Act as it stands upon the statute book that the purpose and primary object of those who passed it wa3 to diminish the sale aud consumption of liquor and to decrease the evils which are balieved to result from the liquor tKonnhlin crnnil anH T fpf?l l/l UUIO XV*. UHV puVAIV gUVM| _ .?v. bound to say from my own observation that the Act seems to be accomplishing that beneficent object. On this ground as it appears to me, it is without doubt a proper exercise of the police power of the S'.ate. It has been learnedly aregued to-day that the purpose of the Act was to raise revenue. But it i9 to he collected from the Act itself that theralsing of revenue is only incidental to the main purpose *of the Act, which, as I have already held, is to restrict aud regulate the sale of an traffic in liquor, and as I understand the Chester cases exrel Hoover and ex rel tiroeschels, our Supreme Court has already decided that the Act in question is an Act to regulate the sale ot liqoor. Ia these Chester ca3es our Supreme Court his said: "Having reached this conclusion, that the said Act, (the Dispensary Act,) being in effect an Act ts, regulate thesail of spirituous liquory tne power to ao waica is uuiycranu recognized, it is quite clear," etc. 17 S" E. Rep. 756. Most of tb? argument against the coBstitutionality of the despentary Act made before me, and I may say, elsewhere, seems to be directed moe to the wisdom of the Act than to the power of the General Assembly to pass the Act. The question is one of power andnot of policy. As to the wisdom or the unwisdom of Acts of the General Assembly the Courts have nothing to do. That is a question for the people. It is proverbial that otirs is -a Government of tbe people, by the people and for the people, and it is for the people by the ballot-box to correct mistakes in legislation when they are satisfied that such mistakes have been made by their representatives, and|not for the Courts. It has been argued that the General Assembly has no constitutional right to appropriate money to engage in business. For all public purposes the power of the General Assembly is absolute in the' absence of constitutional provisions. The same authority holds "the powers of the legislatuie in disposing or toe reveuueaoi tue oouue auu iwj uiocretion relating to such disposition are complete and unlimited in the absence of constitutional provisions." (3 Am and Eug Encyc of Law, 69) The State is daily engaged in the sale of phosphate rocfc to individuals for revenuH. If the State can own phosphate territory and sell the rock it can purchase if necessary other phosphate territory for the purpose of traffic in phosphate. It is without question that the State owns both real and personal property and can dispose of it at will. These instances I give to illustrate the doctrine. Holding the views I have herein announced, I cannot quash the indict rnent. 'fne motion to quash is therefore overruled. Cotrou Movement. New Orleans, Nov. 10.?Crop statement Jrorn Seotemoer 1 to November 10, inclusive: P>?rt rjc?Mpts 2 088, 583 b-?le9. against 1,910.432 las', year a;,d 2,057,545 year beiore last.. Overland to mills Htid Canada. 183,835 ^ales, O?ui.,oi OOl Olfi orwl 3R9 91A [ntfri.ir i M(U UUU WV- MA VI 4MV ?. stock in ixccria of Seotemher 1st. 258,275 bales, against 198,428 and 200,024. Sjuthern mill takiugs 174.310 bales, against 100,890 anJ 151.201. Crop brought ,mto su;bt during ^seventy oue days 10 date, 2 705.290 bales, against 2,499,9G0 and 3,550 980. Crop brought into sight for week, 392,520 bales, a^a;nst 337 387 foi seven days ended X ?vem ier 10 last >car, aad 462,081 for ibe same timo year before la?t. Crop f>r >uiht. for tne tirst ten days <>f N">vcmbrr, 557,410 bales, against 500,890 luBt jear, and 588,020 year batore last. Comparisons on these exports are made ap to the corresponding date last year aud year before and not to the close of the corresponding week. Comparisons by wteks would take in seventy-two of the season last year, an J seventy-four days year before last, as against ouly seventyone days this year. A Quadruple Lyochluj*. Nashville, Tenn., Nov. 4.?A special from Fayetteville, Tenn., says: Early this morning, on the farm of Jark Daniels, near Lynchburg, Ned Waggoner, nis son Will and daughter Mary, and his son-in-liw Motlow were found hanging to one tree. All the parties are colored. The only cause to explain their fate is that they were supposed to have been implicated in the numerous barn burnings which have taken place in Monroe and Lincoln counties recently. Tnere is no clue as to the perpetrators of the deed. Ned Waggoner was a rather large negro, and it is suDposed the first attempt of the lynchers was unsuccessful in his case, as a broken rope with a hangman's knot on it was found under the tree near him and another one had been Droeured from the well bucket of a near neighbor, by which rope he was found hanging. The bodies were discovered by the driver of the Lynchburg and Fayetteville stage soon after daybreak this morning. The negroes did not bear very good reputations in the community, and although there has been little talk in regard to the matter, they were supposed to be connected with the band of incendiaries'who have recently been so plentiful in this section. PopulUto Whipped. Topeka, Kin., N jv. 9.?Additi onal returns from Tuesday's election swell the Republican pluralities, and the Populist so hopeful yesterday concede that they have been badly defeated. Of the thirteen JudgeSM hat were elected Chairman lireidenthal. of the Populist party claims only three, though he is not williag to concede the l'Jih aad34tb At Republican headquarters the following summary of tne result based upon returns thus far received is given out: Straight Republican counties 45, straight I'opulist counties 8, divided counties 25, to be heard from 27. Republican officers elected in divided counties 105, Populist oilicers elected in divided counties 5U. THE HAMPTON LETTER. [ b WHAT THE GREENVILLE NEWd MAS " TO SAY ABDUT IT- p There Is No Use an<1 Great Dinger Jn the P d Movement?Thi White People of the a Slate Cannot A ftord to Divide. 1 a Greenville, S. C., Nov. 8.?It is s better to make opea and full confes sioD. A man's sins will find him out y and when he Is caught he had best d own up. We hnd the Columbia Regis- ? ler and the State from opposing stand- i points calling 011 the Greenville News a to sp^aK ouJ. on the matter of the or- f eauizanon of national Democratic b clubs in this Slate 'as suggested by ti General Hampton in a letter to the n State republished ^n this newspaper e last week. Four fmt of Ave important n Democratic daily newspapers of South r: Carolina have spoken in favor of the h scheme and "where is the Greenville a News?" says the State. "Why this tl strange silence of the Greenville tl News?" demands the Register. Well, the truth of it is the editor of c the Greenville News ran away last a week. When his esteemed coutempo- ti raries were calling upon him for deliv- Q erances regarding the organization of p national Democratic clubs he was sit- a ting on a log in the woods on the side h of a mountain in Western North Caro- p lina. It was glorious, too. A sky of D wonderfully deep blue flecked with 0 still strips of transparent white cloud; 0, the dreamy Daze or tne Indian summer; t] air so crisp, so dellciously and delicate- 5 ly perfurmed with the aromatic sug- a gestions of pine trees and hickory ti leaves that every breath of it was long ^ drawn luxury. There were few sounds tl to disturb the silence. The stream p down in the darkened ravine babbled 1 and splashed idly and faintly and mo- tl mentary glints of the clear water Hash- g ed now and then as the thickly cluster- tl ed, deep green laurel swayed noiseless* q ly. The dry leaves rustled slowly as ti they drifted down through the trees as C] if lingering to say good-bye to the a, companions that had swung and rus- c, tied with them while all of them were ^ green and beautiful through the sun- a shine and breezes of the dead, bright Sj summer. Now and then the air was Q filled with the distant drumming of a fi pheasant or a squirrel could be heard scampering through the leaves. There ai was a riot of color everywhere?crim- t sons, scarlets, browns, yellows, greens, i? in bewildering-, gorgeous varieties and ^ blendings. _ With a dinner of mountain made hominy and fried chicken, preceeded by a taste of something which had never yielded any of its sturdy strength to the mercenary hands of a dispensa- ? ry agent, and succeed by a tramp over " a ridge or two and a briar wood pipe d< filled with tobacco like flakes of gold, rr the blue smoak of which drifted and o: curled slowly away to mingle with the fi haze, a man could sit in a place like C that and be profoundly, magnificently ai indifferent to politics, commerce and fi finance and all cares and concerns.past, w present and future, public and private, d content simply to be living and im- ? pressed with the general sensation that w this is a pretty fail kind of a world f( after all. He could idle there with idle- t( ness made delicious by the fact that be fi had been working from fourteen to "* ?L a ( f KAnf o Kraal/* n eigUlUOLI uuuia a UOJ niuuuuu a uioun v a number of months, and allow a mind S' which is usually struggling to consider ir and remember a large number of ft things at once to be so magnificently ai vacant as to decline to remember r< whether the right or left hand barrel t? was loaded with buckshot, and to ac- tl cept with cheerful lack of purpose the a possibility of blowing an unhappy re squirrel into rags or impotently pep- n pering the impervious feathers of a 01 turkey with No. 6. Add to all this the is delightful sense of wrongdoing, not so b( acute as to be uncomfortable, but just H strong enough to give zest to the occa w sion?the splendid consciousness of si having run away without asking leave ai or license of anybody, after writing ad- p vance editorials to be cut off and dum- w ped into boles in the columns like oj packing and liable co be inappropriate Ii to events, and esteemed contempora- u ries can understand how much they it have to be envious of and how glad tl the editor of the Greenville News is a >.hat he ran away,even if he did return v to find this newspiper beiog cla'uor- t< ously called on for an opinion and uu -u J - J -i rn at?r suspicion or aoaging. xwu or three days of absolute serenity anil indifference and peace are worth taking some chances aud suffering some seri- f ous penalties tor. This newspaper would do nearly anything for General Hampton and would , work its heart out to serve him because he is well worthy of all the honor ^ and love this State can give him. It has y a very strong brotherly affection for its vi contemporaries with whom it has 8< fought shoulder to shoulder in a weary ol discouraging up hill fight for what it a and they believe to be right. We be- VJ lieve the motives of General Hampton fc and our contemporaries are righr, but t| their judgment in this matter In our b( view altogethar wrong. In tbe propo- .. sition for the organization of a "na- Jf tional Democratic party in this State " outside the present Democratic organ- bl izaiton we see Imuch evil and no good. P1 It means, so far as we can under- T stana, a spin amoug me wuntj peupie, which is the calamity most of all ca- a lamlti?s to be dreaded and resisted, di Suppose 35,000 men should be organ- gj ized as national Democrats. There y would yet be a majority of 10,000 against ^ them. If a majority of the white peo- jpie can be organizad as national D.emocrats there is no need for the organization because they can win in the * regular primaries. We can not make a minority win without calling in the help of the black vote. The Greenville News would rather have Tillman Gavernor for ten or iifteen years oy white ri votes than to have a government com-, di posed entirely of men of its own selec- ft tion chosen by the help of colored vot- ^ ers. So long as white men rule, how- vj ever serious or expensive their errors ^ may be. there is always hope of improvement, always a time to look to when common sense and conscience , will bring a change for the better. Ex- ? perience has taught us that when the colored vote rules or is influential that di matters steadily become worse for the & whites. Which ever race has control la will use its power for its own interests tt and the interests of the two races here hi are sharply opposed in very many re- lii spects. We have the kindest feelings for the colored people but we do not want ;o see them exchange places with the whites. T Ti ere is a race question and a race is- ? sue nere. Cover and twist it as we { maj it is at the bottom of all our poli- 1)1 tics. White men ought to stick to and b stand by their race through thick and ei thin, rue Democratic organization a here is the white man's organization, ic We intend to stay and labor in it until LJ the bulk of the white people desert it. ?i Then we will be free. If the evil o: time comes?which may lleaven for- CJ bid?when the Democratic party in t{ South Carolina is dead and we have to choose between Populists and ltepubli- *' cans we will go with the Republicans ^ as a choice between evils and will do it straight and without disguises or mor- * iflcationB. because the negro will then ave the balance of power and it will e simply a fight for his vote. If we ave to scuffle for negro votes we rould rather do it for the Republican nrfv than fnr the PoDuliat nartv. Let all of us South Carolina white eople stay snd stand together. Let us o our fighting among ourselves and ccept the results and swallow our ledlclne like men without calling in ny other race or anybody from outide to interfere. We are of the same ind and stock. Our fathers and brothrs nave mingled their blood for the tate, have loved, hoped, suffered and led together?Tillnaanites and antis, alliance men, Ocalaites and Cleveland )emo3rats. We have factions enough od bitterness euough now. Let us rerain from doing anything to make a ad matter worse, to make our mlsfornoes and troubles fatal to us. Let 11s lainiaio our race puwrr iu wu^cunai lections, burablv trusting that the Allighty in His good time will set us all ight, show us all where our mistakes ave been and restore peace and unity mong us. So long as we are together here is hope for that. When we divide hat hope will be gone. The thing for uz to do is to cultivate harity and toleration among ourselves nd to discourage any new splits or facIons or causes of quarrel. For the ]en who nave for their own selfish purosei stirred strife and for the many nd various squirts and chumps who ave perverted good principles and puroses to lift themselves to power and lace we have no respect. The masses f the people, however, are good and 3und and honest, if they are wrong lev are not the first people who have utted themselves into" headaches gainst the hard wall of their own mlsikes. The Greenville News will never elp in or submit to any attempt to use ae colored vote against any white peole until tbey try to use it against us. f there is to be a split let it come from 3e other side. Let the Populists be* in it, and then on their heads will be le responsibility and the coaseuences. Meanwhile we will make our ghtsandsay our say inside the Demoratic party as now organized and will ccept tbe action of Its majority, not as ontrolling our opinions b*it as governour action and position in the reular elections. An organization outde the present organization will find o recognition anywhere and should nd none. General Hampton is an honest, pure nd patriotic gentleman. So is Judge [askell. In this matter we cannot fol>w General Hampton any more than re could follow Judge Haskell in 1890. -Greenvill News. Fired on oar Flsz> New York, Nov. 7.?Tae Herald rints a dispatch from LaLiberted stat ig that by the alleged orders of Presleat Vasquez and by the express comland of the commissioner of the port ? Amapola, seven cannon shots were ed after the Pacific Mail steamship osta Rica, flying the Stars and Stripes, 3 she steamed away, because she relsed to surrender Policorgo Bonllla, ho recently led a revolution In Honuras, but was defeated by Yasquez. [e was a passenger on the Costa Kica, hich sailed from CoriQto, Nicaragua, >r Guatemala. United States Minis?r Baker was on the Costa Kica when red on. Washington, Nov. 7.?The adIces received by the Department of Date irom cue scene 01 mu iaau nuuuic 1 Honduras are to the following effect: [inister Baker boarded tbe Costa Rica, a American ship, at Corloto (in Nicaigua), for Salvador. Tbe ship en>red a port of Honduras, aid while lere the authorities of the governient demanded of the captain tbe surmrler of Borilla, a citizen of Honduis, who was a passenger on thestiip, i bis way to Guatemala. Borilla, it i understood, bad been engaged in >me insurrectionary movement in [onduras, for which a criminal charge as pending against him. After the lip bad received her clearance papers, ad wbile she was leaving the ort, six or seven shots were fired, hether directly at her or in front f hsr the bring ber to not is clear, n conformity with the departmental 3age, there is no hint of the Secretary's itentions in the matter. If, however, le usual course is followed, thedepartlent will probably wait for full adices before taking any action looking ) redress. This Ifst'it Cotton Or?p, Washington, Nov. 10. ?The cotton iturns ot the department of agriculturl r the month of November do not inde? ' " ~ ?P??1 a /! kn? r?Ain^ on (-Kaii 1LU a ui^u late ui y io.u, uuu pvmu laiuoi > a diminished crop, a? compared with lat ol 1892, which was less tnaa any of le last decade. The causes of the light ield have been heretofore reported, iz, drought, excessive moisture in pome actions aud ravages of insect enemies t the plant, and some other causes of limr importance. Local estimates ary in range from one-fourth to threemrths of a full crop. The weather lruughout the entire cotton belt has een generally favorable to picking and le department is advised that owing to lis fact a large part of the crop has een successfully secured, a condiderable ortion of which has been marketed, 'he Indicated yield as averaged from >unty estimates, apparent errors estln?TA?iA?Aft 1/4Q Q nAnn/lo rvar onro laicUf avciajco nu.u ^vuuuo nviU) istributed by States, as follows: Virinia 152, North Carolina 174, Sooth arolioa 142, Georgia 136, Florida 82, Jabama 148, Mississippi 143, Louisiana 75, Texas 151, Arkansas 174, Tennesje 138. As severe frosts have not et been general, it Is possible that rented expectations may be exceeded. A Convicted Murderer. Charleston, S. C? Nov. 4.?Gabel Grayes, tbe negro brute who mursred young Frank Thompson and set re to his mother's house near Palmetto Lines some time ago, has been conicted and sentenced to be hanged. The mrder was a most outrageous one and ublic indignation was considerably high, bortly after tbe commission of the deed (atective W. F. A. Hollaad, ol the oath Carolina Railway Company, un? srtook to work up the case, and after deal of bard work found bis man. Hoi* md went to arreBt Graves one nigbt in le city and came very near being killed imself. Witb the assiitance of tbe pose the su3pcct'd man was arrested and Indians on a Hald Deminq, N. M., Nov. 10.? Fitty 'omicbi Indians on Wednesday sacked alomas, Mexico, lour miles below tbe order. Tbe ludians are scattering ands who survived the massacre in tbe jgagement with Diaz's soldiers last [ay. bince then they have been roamig in the mountains. In the raid on alomas tbey fired oj the custom house uards, numbering thirteen, killed one [' the guards, rifled the custom house, irryinguway twenty-five carbines, pisj>18, 800 rounds of ammunition and 200 in money. They appropriated rovisions and other supplies Irom the cures. One ot the marauding band was illed in the engagement. OUR CONGRESSMEN. HOW THEY STAND AS REGARDS BUT LER AND TILLMAN. Some Interntlng Gossip About Smth Carolina Representatives In Congress? Senators Batter and Irby Not In Ftiyor With President Cleveland. Washington, Nov. 8?The first chapter In the history of the political AtvAV\fa In (J/MifV* PonnHno OA fol? Qa tVlOTT uvcut/O iu uuuuu uaiunuatau mi oq wuvj are affected by what haa been done or is doing in Washington, ends with the cIobo of the extra session, and we can form some|opinion now as to the drift of events. It has been known for some time that one of the most important factors in the next political contest in that State would be the contest between Governor Tillman and Senator Butler for tbe United States Senate, and much of that has been going on here has had more or less bearing upon that contest. Senator Butler at the beginning of this Administration from his long service here and personal popularity had a very potential influence in securing offices for his friends, and these appointments were made apparently without regard to any influence upon South Caroliia's politics. Senator Irby does not seem to have succeeded in making any favorable impression, and his late course in practically allaying himself with the most bitter opponents of the Administration has, of course, -1 A. 1 ~ ? _ aP U4n /1AIMM ucairuyeu uuy puDSJuiuujr ui mo uuiug anything in the direction of getting offices for his friends or partisans. Since Senator Butler has cast in his fortunes with tbe enemies of the Administration on the silver question he has naturally weakened the claim whicb otherwise he would have had upon it, and it is doubtful now whether he will secure the appointments to office of those whose principal claim lies In the jfact that they are partisans of his and that their appointment would promote his re-election, and as that seemed to be the principal ground upon which it was expected he would secure the appointment of Mr. Ferry as collector of internal revenue the chances of Mr. Ferry's appointment seem to have very much diminished. I think that in all appointments of this nature it will be the policy of tbe Administration to put in office men whose fidelity to Democratic principles as interpreted by the Democratic Administration leaves no room for question. In all such appointments it seems likely that,the opinion of Congressman Brawley will be most potential, as his views on public questions are in thorough accord with those of the Admin* istration, and it cannot be charged against cm, as it hub ueeu agamst many now stand by President Cleveland, that his views have been adopted for the purpose of securing public patronage, as he stands today precisely upon the ground that he occupied long before the nomination or election or President Cleveland. So far as the chief public offices are concerned, therefore it appears to be certain that the Administration will put on guard none but Democrats of unquestionable integrity, politically and otherwise. The attitude of the different members of Congress from South CarollDa towards the Administration is somewhat complicated. It will be remembered that early in the spring there were several interviews between members of the delegation and the Postmaster General on the subject of the postoffice appointments. All of the mem hereof Congress from South Carolina participated in these interviews, except Mr. Bra w ley and Mr. McLaurin, who were not present thereat. The mo9t determined fight seemed to be against Mr. Latimer, who, as the author of the May resolutions, seemed to be a good target. Of all that has been said and done with respect to the postoffices in his district it would probably be impossible to tell the story. It wa? found that a number of the men whom be had recommended to office were charged with being Populists, but it seems that the question as to his right to control these appointments was never finally settled against him until within the last few weeks, when the publication of his letter in the Colum bia Register seems to have given him a coup de grace. Mr. Strait seems to be practically in the same boat, as Mr. Latimer and himself seem to have taken occasion more than once while in South Carolina to proclaim their hostility to the Administration. Mr. Sbell seems to have no difficulty practically in securing the appointments of such postmasters in his district as he has recommended. He has adopted the policy generally of recommending parties who are acceptable to the communities to be served, and in all such cases his recommendations have gone through without question, and the same is true to a large extent with respect to Mr. Talbert; and lately It appear) that Mr. McLaurin Is in the same boat with the two last named Congressmen. Senator BuMer has endorsed all the recommendations of Messrs. Sbell, Talbert and McLaurin. The appointment of Mr. Waddill as postmaster ot. Darlington nas caused a great deal of comment here as it seems to Indicate some sort of an alliance between senator Butler and Mr. McLaurin but it may be that it has not the significance which has been given to it. It is said that WaddiU is now a Butler man though originally a Tillmanite. As it appears to an outsider, however, it would seem that in so far as the postofflce appointments are concerned there are some grounds for the belief that there is some understanding of a friendly nature between Senator Butler and Messrs. Shell, Talbert and McLaurin. Time will show what this amounts to. It is no longer a secret to any one that Congressman Shell is an active friend of Senator Butler's and will in all probability, be on bis ,?ide In the pending contest. Mr. McLaurin has therefore been ennsldered a strone friend of Governor Tillman, and It is generally thought that Congressman Talbert has no particular love for the present Uovernor. Whether the friendly relations here of these three Congressmen with the senior Senator will result in a similar alliance in State politics remains to be seen, but there is no doubt whatever that Messrs. Irby, Latimer and Strait are adherents of Governer Tillman. Congressman Brawley so fir as appears, has not joined either combination. Taking the ground, early in the Administration, that none but Democrats of unquestioned fidelity to the party should be appointed to any public office in South Carolinn, he has not *\An{fi/\n Knt ha Kqd swervou 11ULLI luat puoiuiv/u, uuu uo uag not been disposed to Interfere with any of the Congressmen in the patronage of their districts, except in so far as he has been compelled to protest against certain appointments on the ground that the persons named were more in sympathy with the Populist party than with the Democratic party, and in all such cases he has presented to the departments auch objections as the people affected desired 10 present. Inasmuch as this position of inde -- - * ?. pendence between the two rival candi- f J-i-- ' ?*? njflA f/v ?An/\wffl kflf I liai^b UdS ^IVCU lioo LU lupuiuj buau Congressman Brawley has some intention of becoming a candidate for the United States Senate I have asked him whether or not he had any such intentions. He assures me that he has not; that he did not contemplate being a candidate under any circumstances. He thinks that his attitude on the fl- , nancial questions is not popular at this time in South Carolina, and is not likely to be so, and as be has no inten , tion of changing it for the purpose of obtaining office, he does not intend to become involved in the contest. He ' says further that in case any sound | Democrat will stand for election in his district he will retire at the end of his term. I To sum up the whole situation among the "Reform" Congressmen as It appears here it would seem that Messrs Latimer and Strait are for Governor Tlllmin, that Messrs Shell and Talbert are against him, and that Mr. McLaurin's attitude is- somewhat doubtful and if Waddill's appointment has the significance generally attribute ed to it it may be expected that those persons whom he recommeds for office will be Butler men. As having some bearing on the situation it may be noted that, when Bryan was leading the filibustering against the repeal bill, most of the South Carolina "Reform" Congressmen were with the handful of Populists that were supporting him. The whole number of Bryan's followers was about twenty three, and after a few votes Messrs Shell and McLaurin dropped away from him. There are no indications as to the result of the contest for the vacant Judgeship of tho United States Circuit court, but it may be regaraea as toier- > ably certain that the .appointment will i not be made before the 1st of Decern- I ber. .It is said that the very active i campaign for this office that is being < made has excited some unfavorable i comment in high quarters. The name ( of Judge Hudson will be strongly , pressed for the District Judgeship in case of Judge Simon ton's promotion, but there are a number of Charleston 1 aspirants for the honor, some of whom ! have very strong bacKlng, and it is impossible to say to whom it would fall. An influential gentleman from South Carolina who was here last week In < connection with the matter is reported as insisting that . the appointment should not go to Charleston in the event of Judge Simonton's promotion. ?News and Courier. For the Canal Crlmat _ Charleston, S. C., Ntiv. 8.?A 1 Spartan Durg special says s pee ay aua terrible punishment vjaa meted oat to a negro named Bob Kennedy, about 20 old, at Gaffney last night. About du9k 1 a married white woman and her little girl vyere hurrying home from the busi- ! ness portion of the town, when in a narrow lane near their house a negro suddenly grabbed the woman, threw her down and began to choke her. Her bcreams aroused a little boy not far off. He ran out and saw the negro, who ran away as soon as be saw the white boy. He ran oft without completing the assault. The white boy followed him and taw him enter a house sot for away. He then called to some neighbors, who went to the house- and saw Kennedy sitting by the lire with his shoes off and put out of the way. One negro in the bouse said Kennedy had beeu there for three hours, another stated that he bad just come In. He was ordered to get bis shoes, which showed that they had just been in the mud. He was carried oucand bis tracks corresponded exactly with the ones where the woman was assaulted. The white boy icentifled him as the maa- he saw run away and enter the house. He was kept under arrest until about midnight, when he was carried out to the slaughter pen and hanged. The people were the more incensed because a week or two ago as three lit le girls were going to the Cooper Limestone Institute, from 'xaffney, a negro unknown to them came out (rom the , woods, seized one and began to drag ber back into the woods. The other two ran and screamed and the dummy came along just then and tho negro became alarmed and released the girl, who escaped frightened nearly to death. They believe that Kennedy made the assault on the little child. He confessed to the assault on the white woman. The Fair a Failure. Columbia, S. C., Nov. 11.?The annual Fair of the South Carolina Agricultural and Mechanical Society for 1893 has come and gone, and the officials say it is a failure in point of attendance as compared with former years. Some of the reasons for this have already been stated, such as the hard times, discrimination of the railroads, etc., but there are other large reasons that have not been mentioned. One reason is the want of energy and enterprise on the part of the society. The society did next to nothing in ad- ' vertising the Fair and inducing people i to come here and bring their exhibits. ! The next reason is the indifference of the people of Columbia towards the Fair. They did not commence to do ( anything until the Fair was almost on j hand, and then fell far short of what , might havo been done. The people of Augusta and the managers of the Exposition have been alive and at work for the event for months. Delegations 1 were sent to Chicago and Washington ' in the interest of the Exposition, and 1 the State and surrounding country 1 ? tt i n foroofoH in fhtti r Til*'- I YVOIC !LlU:UOUtJ luiuivuubu *** vuv*? ? .? position, and went to work to interest | other people in every possible way. There wes nothing of that sort done in tbe interest of the Columbia Fair. The effect of it is easily seen. People love novelty and amusements, and in this day of competition they are going where the greatest attractions are offered. It has been a matter of common remark during this week that if the Fair Society and the people of Columbia do not wake up and do more in the interest of their annual fairs they will soon be things of the past. If the people of Columbia and the Fair Society had taken the same interest and worked for their Fair as hard as the colored people are working for their Fair it would have been a magmflcent success?Register. Atrocious Assassination. Laurens, S. C., Nov. 4.?A dreadful 1 tragedy occurred near Goldville, in this < county, last night. J. Dorrob Hairstorn was assassinated while at supper I with his family. Some unknown party l lired a load of slugs into his stomach ] thrmirrh an nnan flnnr ITfl flipd in tif- , teen minutes. Hairstou's duelling < was burned last summer by incendi- j aries, and two negroes, Wade Cannon and George Bowers, were convicted of the crime and executed in September. 1 Hairston was the prosecutor. It Is 1 conjectured, that revenge may have been the motive for his assassination. A negro tenant on Hairstou's place, named Iteeder, has been arrested on 1 suspicion, but it is said that there is 1 not yet a strong case against him. 1 Hairston was a good citizen and was I well connected. It is thought here that J a lynching is not unlikely if the mur- ( derer is discovered and captured. Only i meagre details, however, have been re- ] ceived here.?State. j . " . i RECEIVED WITH SURPRISE. : What Is Said Abjnt Oar DefMt In Washington. Washington, Nov. 8.?The result y of the election has been received with surprise by all political parties here. < The unexpected happened io so many instances, that in no case were the pre* dictions of Democrats. Republicans or Populists verified. The chief surprise of the Democrats arises not from the fact that they were defeated, bat that the defeat was so general in all doubt* t'al states, and the Republican majority so overwhelming. A grain of com fort is accorded tbeaa In the defeat of Lhe Populists in Virginia, aod the election of O'Ferrall to the governorship, but the blows have been so crashing in the states of New York, Massachusetts, New Jersey, Ohio and Iowa that Bven the success m Virginia Is hardly paraded as a triumon. Expressions From nearlv all the prominent Demo cratic leaders at the Capitol, as indicated in tneae dispatches several days ago, showed that the Democrats were prepared for defeat in those states where the free coinage element Is strong and tbe disappointment over the passage of the repeal bill is intense, but it was hard* [y expected that in the "sound money" 3tates of New York and Massachusetts the Democratic Majority of the past would be so ruthlessly mowed down and the careful efforts of perfect organization avail so little. Despite this, however, all the prominent Democratic leaders unite in ascribing the ; general defeat throughout the country to two causes? the dissatisfaction of the. agricultural classes over the financial question, and bbe widespread apathy ot disappointed office seekers who have failed to reallza the fruits of the last Democratic victory. En tbe state of Ohio alone, was the tariff ' question the prominent theme of discos- '. 3ion, McKinley and Neal so emphatical- - " ly reoeatmg tne declarations 01 ineir par* ties ia this respect. Bat here, too, the Democrats are rooted by the same ex- ? orable Republican majority. In Iowa, the defeat of Boiea is important, not that it means a Republican governoi in that state and a Republican United States senator next winter but that it practically removes Boies from the list of Western candidates for the Presidency in '96. The judgnent of the party leaders here approved the first declaration of Governor Baits last summer, that he would not be a candidate for governor at the fall election, and when he finally reconsidered and came out in the reace for a third term, it was felt that he had everything to lose and little to gain from the campaign that was to follow. It was recalled that even the popular Foraker, was nnable, in Ohio, to stem the popn- x ' iar sentiment against a third term, and when the Republicans of Iowa reproach edthe Democrats with departing from c it- i: 1 At one ui mo uiruiuiu piiuvipiw vi nuw party in nominating a man for a third term, they presented their opinions on the defensive practically from the very beginning. The Poppliste still contend that later returns will show that their party has made a far better showing in various states than is conceded them in the earlier dispatches. In Virginia they succeeded in terror* izing the Democrats for the last two weeks, bnt tbe leaders of the .latter party rallied from their panic in time to make unprecedented efforts to get out tbeir full vote, and it looks as thongb tbe Populists would liave stood a much better chance tor victory by making a still fight. The Populist senators and Eepabllcans who are in the city, are anxious* ly watching the latest ne*s from Nebraska and Kansas, and expect cheering news from tbe official returns. Tnere is one element of defeated Democracy tbat reviews the general Republican victory with a philosophic resignation tbat amounts almost to sat istaction. This element comprises the free coinge Democrats who have so bitterly reproached President Cleveland for forcing ibe repeal bill through Congress, and who for weeks have been predicting tbat tbe administration's dislnvnit.v Ln the Democratic National platform would be rebuked by a crash- ' ing defeat in all tbe great states' elections this tall. These men now point to the Democratic deieat as the result ot the party's departure from Its faith in tbe recent extraordinary session, and are already preparing, to coax tbe majority back to the good old orthodox iaitb when the regular session convenes in December. Chairman Bland will introduce his free coinage bill at the first bill day of the session, and the free coinage men are expected to be a unit in demanding its prompt consideration. The President did not show that intense interest in the returns last night that would have indicated a confidence in Democratic victory. Early in the evening the President went oat to bis country home instead of remaining at tbe executive mausion, as is usuai ou election nights, and the returns he received were only those of sufficient Importance to be telephoned out to Woodley by Private Secretary Thurber, as tbe latter received .them from the telegraph wire at the White House. Several members ol the Cabinet drore out to the President's cottage in the evening, but none of these gentlemen have 30 far given any expression of the causes -hat led up to tbe general defeat. The President was doubtless undis:ouraged by the Democratic defeat as he ias constantly repeated to those members of his Darty who have been predicting Democratic deteat as the result ot the administration financial policy, that . they would vindicate their party and ihow that the majority was right in d?manding the immediate and uncondi/\t ikaSharmtn opf: wiuuai icpai vi uuw wuwi?nDlsoaeyed Orders. Toledo, 0., JNcv. 10.?Foar persons were killed in a collision near Bradnor, Dhio, twenty' tour miles from here, last svening on the Columbus. Hocking Valley and Toledo railroad. The east Dound Columbus express, which left lere at 5:20 p. m. crashed into a north sound freight in a dense fog. The dead ire: L. H. Jones, engineer of tho passenger train; Fireman Jones, of the passen;er train; James R. Gresh, express nessenger on passenger train: Engineer Kerlio, of the freight train. Trainnen disobeying orders was the cause. Searching; Freight Cars. Charleston, 3. C., Xov. 10.?In belalf of the State constaolea, Mr. Whaey has just procured orders from the United States court granting authority :o search two cars on the tracks of the Pq?"a1 *no roilaratr anano^hA/1 rtf containing liquor. Pnis rnafeea the ?i*hth seizure since last Friday. All liquor captured in that time is worth probably $1,500. t