The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, April 14, 1897, Image 11
I
IWTVip Press nml Banner.
|||f ~ BY HUGH WILSON.
jg akkeVIli7E, S. <:
W CAN'T KEEP LIQUOR
W IN YOUR HOUSE UNLESS IT IS OFFICIAL
OR STAMPED.
Important Decislon-^Resuli of a Divided
Court?Justice Mclvc r Calls Attention to
the United States Comt's Dcc'.slon.
By reason of a a equally dividtd
court the Stite supreme court has lendered
a decision to the effect that s
man nartnni Irron Iron and ? half frp
( Ions of whisuej in his hours for tr)
own personal use, without the comj
missioner's stamp upon it, without
( laying himself liable to crminf1 pro
> ecution under the d'sj ?nsary la"*.
/ The decision was rendered ?n the
ca:e of Anderson (Jbastian and tbe
judgment of the circuit court below
stands affirmed. Chief Justice Mclv;
mjj^T and Assccials Justice Gary have fiJ'
very strong opinions against sus'~'i
ing the finding of the lower cor*'
I Mr. Justice Jones files the opinion c i
A the other side, in which Arsoc'Va
h Justice Pops concuu. In t'.e Flo
W ence case recently decided, ;a whi.
W the court was equally divided, the apr
pellanis have submitted a request thai,
a rehearing fce granted befora all the
judges sitting en canc. lNoaouoia
similar request will! ; made in tb 3
:9t9. Chief Justice Mclver.in his op:n1
on, thus przssnts the matter in sui
i ance:
A The defendant was found gu'lty and
A ntenced to pay a fine of $1C0, or go
the cham gang fcr thrca months
Hlffor having in his possession two and a
Bgp half gallons of corn wbiskey, which
had no State stamo on it. On this
I judgment an appe?l was tsken to the
sunreme court of the St"Ac.
The appeal was taken on the following
grounds in brief*
First. Because his honor erred in
charging the jury as follows: "The
question is did he have liquor there,
keeping it there without any stamps
on it? If so, he must show that eitfcar
he bought it through the regular
J channels, the dispensary, or that he
f ootainea it irom ine otaie comzEjs
' sioner the proper st?mps to be put 011
it" and should have charged the jurv
instead that the keeping of a sm? i
quantity of liquor in his dwelline
house for his own use and not to i )
bartered does not constitute a crima.
Second. That it is only the storing
or keeping in possesion of alcoholic
liquors for ?ome unlawful u .e or purpose,
wh'ch is made an indictable offense
by statute and his honor erred
in not so holding.
The chief justice state i th at from the
testimony, the Stal3 constables "ouiu
in the dwelling hou while defem"
ant was abrsnt a three ga'lon ju~
containing about two gallons of corn
whiskey, which they seized, becaus9
there were no stamps UDon it from the
State commissioner. There was no
testimony to show that the whiskey
was for sale or any other unlawa*1
purpose or that the defendant had
/ ever sold whiskey. On the contrary
the defendant slated that he had ot
i tained the whiskey about three week^
i previous for his own personal use and
J /or no other purpcsa, bjcauce he was
r ' in bad health and needed it; that he
I had never sold any whiskey and could
" not tell how much of it he had ur.3d
before it was se^cd. It wfs admitted
that the whiskey had not bean bought
from a dispensary and it had no
stamp3 on it. The charge of the cir
cuit judge was as follows: "laein
dictment is for storing and keeping in
possession alcoholic liquors If a man
undertake! to keep liquor he must
have the stamp of the State commis
sioner. Thequeslion i? did he have
liquor there, keeping it without a&y
stamp, if to he must show that he
bougnt it from the dispensary or that
he obtained from the State commissioner
the stamps to put on it The
law urevents this storm? of liauars
shows how it may te kept safely
without any trouble and if a man ?s
not minded to put himself to that
trouble, then he^will have tD look out
for the comsquences."
The chief jus-ice goes on to say that
the circuit judg3 proceeded upon the
theory that it is an indictable effencs
for a nerson to have in h;s por.:ssion
slcoholic liquoi3, even for his own
U?9, unlers the reqiv.rci stamp are
upon it In the fiut place the indict
mentdoes notchar^eany such otfense
for it does not charge that liquors
were found without the requ'sit3
stamps. On the contrary the charge
is that the defendant unlawfully stored
certain contraband J'quor. In the
second place an examination of the
dispensary Jaw or l?yt> fp'is to uiscic,3
any provision making it an indictable
offense for a person to have liquor in
his pc;:e:sion without the stamp of
the State on it. There are several provisions
in that act making such liquor
liable to seizure and forfeiture, but
none declaring that the mere fact that
a person is found in p:scr:sion of alcoholic
liquors without stamps shall
oonstituto a criminal offenseThe
sectiors of the act, which it is
contended sustain this prosecution are
the 1st, the 2oth, the 26th and 35th,
and these sections are onsidered in
. the opinion of the chief jus<;ce.
After quoting the first nation he
says that it is divided into two d;stinct
parts; the first paitmrkesita
penal offensa to do any of the acts
therein forbidden, wfcile the second
part was intended to render the liquors
referred to liable to seizure
without a wa-rantand to forfeit them.
In other words the first senf3nc9 affects
penors only and not property,
while the sscond affects property ano
not persons. It is clear that the p ?:
con charged must not only have manufactured,
cold, bartered, exchangrJ,
received or accepted, stox: I or kept in
his porsession spirituous liquou, but
must have done lo for l dme unlawful
purpose for that is not ODly the proi :r
gramatical construction of the hnguage,
but a J t such a construction is
nectary to ralieve the oflic3rs charged
with the duty of st^rir* and
keeping of spirituous liquors fiom the
penalties preset it.Wh^e the evidence
shows that the ,1;quor in question
wf3 kent in the defendant's dwelling
house tnere is no evidence tending
) to show that it was kept for unlawful
I use. On the contiary, the evidence
is that he kept it believing that it was
necessary for his bodily health. Unle:3,
therefore, the e^t contair'i some
provision makingit unlawful to drink
or otherwk3 use for b;s own p 31. 5P"!
benefit or gratification any spirituous
liquois not obtained from the d;sp :nsary
or not containing the stamps of
the State commissioner it is obvious
that one essential element of the of
fense charged is lacking. The act will
be searched in vain for any such provision,
and herce it cannot he said
that keeping and using aDy spirituous
llni.nwt. nnt'j nnjn VPf?.Or Q I 11.CP fll*
Ji^UVlO J V't UJUVII Vffi* ^ V ?wv
gratificaiiou constituf?s any offense
against the criminal Jaws of tbe Slate.
The 25th teciion ?s quoted and Mr.
Justice Mclver holds that it does not
even purport to create any criminal
offense but deals only with the seizure
and forfeiture of contraband liquor.
Indeed the proviso recognizss tbe le
gality of the possession of certain liquors
which are not bought from the
dispensary.
The 26th section is n< xt quoted,
which it is contended was not to c
ate any criminal offense, but to p
vent tbe ccuvts from entertaiuing a*\
action for tne recovery 01 me pncn v
any liquor so seized.
So much of the 35tn section which is
pertinent is quoted. It ;s difficult to
see what light i his section throws on
the subject. It certainly cteatrs no
criminal offense except in the iast paragraph,
which Las nothing to do with
the case, in that it proyide? for a punI
ishment for imitation of stamps.
He concluded by r-.ying: "A very
careful consideration of this ca:3 in
ail its aspect leads inevitably to tha
conclusion that the grounds of appeal
must be sust9in^J." Finally, hes9ys.
'Inasmuch as this opinion was originally
prepared fcsfore the rccent decision
of the supreme court of the Unit?d
States in Donsld vs. 8cotfc, 165 U. S- .
68, was announced, I df "ire to avail
oijself of the opportunity now pre
eent?d of adding tnat it seams to me
absolutely nc cecrary to adopt the conclusion
which I have reached in order
to avoid a conflict with the decision of
the supreme court of the United States,
which it must ba conceded is a final
arbiter of all questions involving a
construction of the Constitution of
the United States "
JUSTICE GARY'S VIEW.'
Mr. Justice Ga y, in his opinion
concurring with the opinion of the
chief jusiice, affar reviewing the
facts ot the case and quoting several
F">r?.finriK of rh? disDensarv Jaw aDDlici
ble to the case says:
"When these sec*;ons are construed
t?;efjer they show first that the act
not prohibit, baton the contrary
in express language, permits a person
to keep liquor in his possession for his
own use. ?:cond, that in order to
throw the protection of the law around
the liquor in his possession for his use,
it is necessary to furnish an inventory
of the quantity and kinds to the State
commissioner and apply forcertifioa'o
(n affiv
?V ?3j A bUVA Vk
"Tnird, that if the ?:quor in his possession
is seized because it h&s not 1 he
nerrsruy certificates and labels required
by the act, and he claims the
liquor the burden of proof is upon him
to show that it is for his own use.
"The a2t contemplated that there
would nec:ssarily be come time after
the liquor came into possession of the
person for his own use before he could
apply to the State commissioner for
the necessary certificates and labels.
If it was seized because it did nob have
the necessary certificates and labels,
he was even then to te deprived of the
liquor, provided he could show it was
for his own use; but in that c?se, the
burden of pre of would be upon him to
show it was for such purpose. Any
other construction of the act would
make a person a violator of the law
who simply receive a as a present a
bottle of Jiquor coining from another
Stat9, although it mtght be his intention
forthwith to apply to the State
commissioner for the necessary certifi
cites and labels to affix to it.
"A construction contrary to that
which we place upon the act would
even make a parson a violator oi the
law who took a drink of whiskey nnless
it came from the dispensary,
"We cannot think this was the in
tention oi tne legislature, ronuno
reasDDS we concur in the conclusion
anounced by Mr. Chief Justice Mclver.
JUSTICE JONES1 POSITION.
Justice Jones, in his dec'sion sustaining
the lower court, contends that
the sole question for determination is
whether the dispensary act of 1896
prohibits the storing or keeping of intoxicating
liquors without having on
the versel the stamp of the S- Ue com
mission*.?. "The construction contended
for Dy the learned chief justice,"
he holds, "would practically
nullify the dispensary law, for it is not
possible to held that the keeping of
intoxicating liquor3 in possession
without permission of the st*unp is not
puaishable unless it was kept for un1
f--l A < trt
iuwiui wse, ?uu uut uo kuui^jii.u w
hold the same thing in refeunce to
the manufacture and sale of such liquor.
Moreover, if a sale of intoxi
citing liquors is not unlawful, unlers
made for an unlawful use, then a
keepiDg in pension of contraband
liquor for sale for a lawful use is not
unlawful. This would make a para
dise for blind timers; I should say,
rather, there would be no blind tigers
since everybody could sell and keep
for sale intoxicating liquor3 openly
and with impunity.
"The onstxuction we contend for
is not only the natural and grammatical
construction of the language us^ i,
but is consistent with the scheme of
the dispenciry act, whereas, the other
construction is the unnatural, ungrarn
matical and destructive of the design
and operation of the d;spensary law.
The question is one of construction
merely. It is simply our duty to declare
the law. We have nothing to
do with its wisdom or i's severity.
The harshness of iti oj; ^ration, re"1 or
supi osed, should not in tte least
swerve us from our plain duty. There
was no error in the charge of the
judge complained of and the judgment
of tne circuit court should be affirmed.
Found Dead.
Blythkwood, April 8.?About G:30
this morning the b:iy of W. H.
Parker, a boy of 18 from Athens, Ga.,
was found lying about tbr< a It Jt from
the railroad track one mile bslow
here. He is supposed to have besn
killed by the train. He was identified
by a letter found on his person. He
comes of good parentage and has
been propsrjy cared for. H?s remains
now await the arrival of his uncle,
A. P. O'Farrel of Athens, Ga., where
they will be carried for interment.?
State.
Damages for Murder.
Yorkvivle, S, C , April 8?A verdict
of $U,500 wf s randei d against
Marion P. R:;T9 in favor cf the rotate
of Cbarlci T. Williams in the
court of common pless hei j ves'erday.
The suit was brought by J. H. Riddle,
administrator. P :e wss rcantly
' onvicted of the murder of WilJ;ams,
and suit for d9m?e was ac?ordir?ly
brought. The de'.ense has move i lor
a new trial.
NEW SCHOOL RULES, ,
SOME IMPORTANT CHANGES ADOPT- j
tu er incoiHitDUHnu, v
t
Regulations Which Are Expccted to In- j
crea?e tho Facilities and Usefolneri of f
t
the Public School System?Of Interest to
Patrons and Teachers.
At a recent meeting the State Board J
of Education adopted some rules /or t
the conduct of the public schools in ?
the State which are veiy important ^
and, in some respects, departures from g
previous regulations. These weia r
adopted after much discussion, it be- g
ing the desire of the board to make ^
the schools up to date as far as pc.?si- ?
ble.
Among some of the more important
regulations are the following: i
Rponirinp' examinations to b"5 held r
in every county three times a year, in a
February, June and S9ptembsr.
Certificates for first and second
grades only will be issued, but ttiis r
does not affect third grade certificates j,
now in existances. '
No teacher shall b9 kin bv consan- j,
guiiiity or affinity within second de j
grce to a member of the board or prin Q
cipal of a school shall be employed.
Certificates in one County shall be
good in another if it is properly regis
tered. ^
Only school supplies authorized by
the State Board shall be purchased for
use in public schco.N. ?
The complete text of the new rules a
follow and must prove of interest to
patrons and teachers alike: u
The State Board of Education shall 8
be governed by the following rules, ?
except when a rule is suspended by a *
two third vote of the board: t
Section 1. The Governor shall b3 h
* . i il . ni.i. n i t
cnairman ana me cnaieouperiuicuutm ^
of Education secretary of the board.
Sec. 2. The Beard shall meet itJanuary,
May and September of each ?
year and at such other times as the
chairman may designate.
Sss. 3. The secretary shall keep a
record of the actions of the boird in a
book provided for that purpose.
Sec. 4. The order of business shall
be as follows: Calling to ordei, reading
of minutes of the previous meating,
unfinished business, reports of
committees, report of the chairman,
rftnort of the secretary and new busi ,
r ?
ness* c
Sec. 5 All resolutions shalrbe re- a
[duced to writing by the mover, and s
likewise all amendments. a
I Sec. 6. A motion must receive a stc s
ond before it shall be entitled to con- v
sideration by the board. 0
Sec. 7. The chairman and secretary c
are authorized to fill all vacancies that
may occur in the Oountv Board of e
Education and to report their action t,
, to the board at its next meeting for its f,
consideration. s
Sec. 8. Should a vacancy occur in
the office of County Superintendent of d
Education the other two members of
the county board shall perform the
duties of the office until the vacancy s;
is filled bv this board and the cha;r- n
man and secretary shall so instruct t,
them. s
Sec. 9. All vacanciei in the office p
of County Superintendent of Educa- n
tion shall be filled by ballot, and a n
two third vote of the members present tl
shaJ I be necessary to fill the vacancy, p
Sec. 10. An applicant for a teachers1 tl
State certificate shall stand a satisfac- p
tory examination before this board at tl
a regular meeting of the board, or, ti
upon special order of the chairman of m
the b:>ard, the State Superintendent of d
Education shall hold such examina- si
tion and report the same to the board p
at its next meeting, for its onsidera- si
tion, or present a full diploma from c
some college or university of standing tl
satisfactory to the board. tl
In all cases applicants shall furnish ti
satisfactory evidence of good charac
ter. The certificate shall be signed by
the chairman and secretary of the
board, under the seal of the office of h
the State Superintendent of Education, E
continue of force for t no year3, enti
4l_ 11 I 1J? V.a nnhlio
schools of.any County in the State
upon the registration of the certificate \
in the office of the County Superintendent
of Education of tfte county, and s<
may be renewed at [the discretion of
this Board. A State csrtificate shall 1
not ba issued to any person undei 20
years of age. f<
See. 11, All scholarships inState institutions
shall be awarded a compati- I
live examination held by or under the
discretion of the State Superintendent C
of Education. * C
Note: The manner of awarding
these scholarships, together with rules E
to govern them, was not decided on,
further consideration being postponed J
until the next meeting in May.
S:c. 12. The County Board of Ed t<
ucation of each County shall meet on
the third Saturday in February, June n
and September of eactt year lor ine
purpose of examining applicants for a b
teacher's county certificate of qualification,
and the transaction of all other I
business that may come bafore it, ample
public notice shall ba given of the E
time and place of all such meetings.
Sec. 13. Everj applicant for a "V
county certificate shall stand a satisfactory
written examination before a n
County Board of Education, on uniform
questions prepared and furnish \
ed by the State Board, the examination
to ba held in all the Counties on C
the same day, or he or she shall present
to the County Board a full diplo- J
ma from some reputable chartered
college or university of this State, J
known to ba of good stancing. No
certificate shall be issued on a diploma ?
showing that the holder hrs complet
ed the course of only some particular P
department of a school; the diploma
S ust>how that the full college course J
has been completed.
Sec. 14. Oaly onagrade of exami v
nation questions shall be prepared and
furnished for the County examinalions.
S:3. 15. There shall be but two li
grades of teachers' county certificates
?first grade and second grade?this b
not to affect third grade certificates
now outstanding. \
Sec. 16. To obtain a first grade certificate
an applicant must make a gen- t
era! average of not less than 75 per
cent, on the questions submitted, and 1
not less than 60 per cent, on any
branch; and to win a second grade b
certificate the applicant must make a
general average of not more than 70 I
per cent, and not less than 50 on any
one branch, Algebrabeing excluded in I
marking for a second grade.
Sec. 17. No parson shall fca p)r- I
mittsd to take an examination who is t
not at least 18 years of age, and before
taking an examination each applicant
shall satisfactorily pass such
oral test in reading and language es t
the Board may impcs9. 1
*
Sec. 18. A certificate shall not be
enewed by the board issuing it.
Provided. That if a teachers' insti,ute
is held in the county, a first grade I
certificate shall not be renewed unless
he holder attends the institute, and
>rovidtd, further. That if the holdsrs
of a second ?rade certificate attends
he institute a second grade certificate
nay be renewed.
Sec. 19. The County board shall
ssue to each applicant making the re1
uired percentage a certificate, signed <
>y each member of the board and un t
ler the seal of the County Superin- j
endent of Education of the County, t
? il* a % *n?/inn4 r* ora #
IIUWIUJ' UU 119 Ittl': mo ucxtuuiago c
aade on each branch and tne general
tverage. The certificate shall run for
wo years from its date and the holdir
shall be deemed competent to teach
n the public schools of the County.
Sec 20. No certificate of qualificaion
shall be granted by any County
Joard urder any circumstances to
,ny per;:a who is under 18 year3of
ge.
Sec. 21. The County Board of one
bounty may recognize a certificate
ssued by a County Board of another
ounty, but in sucU case they shall regster
the name of the holder, county
rom which issued, date and number
f the certificate, and when so registerd
it shall have the same force as if
3suea in tnai couniy. \
Sec. 22. Each County Board shall r
:eep a register in which shall fca re- i
orded the name, and, sex, color and s
ostoffice of each person to whom a c
ertificate is granted, and also the date c
nd grade of the cartificate. j
Sec 23. Every claim of warrant is- ?
led by a board of trusteas shall be J
igned by at least two membt rs of the
Joard tfnd should not be approved by g
he county Superintendent of Educa- ,
ion until the clerk of the board of c
rustees has entered it upon a book c
:ept for that purpose. r
Sec. 24. No teacher shall be em- iloyed
by a board of truste2s who is ,
elated by consanguinity or affinity j
rithin the second degree to a member j
f the board or to a principal of a t
chool, nor shall they employ a teach- j.
r holding f> certificate issued by a j
ioard of another county until the car- c
ificate has been duly i3gi9terod in the t
ffice of the County Superintendent ^
f theii- own county. ?
Sec. 25. That 110 school supplies "t
hall bs pureaastd by school offlier3 l
or use in the public schools of any e
ounty in the State cxcept such as are ^
uthoorized by the State Board to ba ^
old. T'iie vendors of all such supplies c
uthori<;ed to be sold by this Board c
hall enter into a written contract f
rith this Board, in which the prices
fthe supplies shall be shtci and c
opies of the supplies shall be placed r
a the office of the State Superintend- ?
nt of Education and the supplies sold ^
o the schoolfi shall at all times con- j
arm to the samples, and the pric s v
ball not exceedjhe prices agreed on. g
The County .Boards may aiiow or
isallo w such supplies, or any of them, >
:> ba sold ia their counties. In case E
tiey permit the same to be sold they v
ball give the vendor a written per- j
aission to of:'er the same to the trus- j
ies of their counties, the prices of the E
upplies to bci named in the written
armisssion, leaving the purchase, or [
ot, of such s upplies to the good judg- 0
lent, of the boards of trustees. Incase
tie trustees purchasa any of such sup- ^
lies tbey may give a warrant against; j
ae school fund of their district in g
ayment therefor, but in no case shall j;
le County Superintendent of Educaon
countersign or indorse any such
rarrant unti.. the supplies nave oeen
elivered; the County Superintendent I
nail bold all such warrants in his r
ossessicn until the delivery of the (
applies is made. All parsons pur g
basing any such warrant before B
le same has been countersigned by 1
ae County Sup3rintendent of E luca- 1
on do so at their own risk. a
t
Boards of Edacatlor C
The following boards of education 5
ave been appointed by the S:ate ^
toard: f
Abbeville?J. M. Knight, Abbeville; t
i. P. McElroy, Due West. 1
^ T. n-iinlfli* Ailrwi : .Tno. f
T. Kreps, Lan?;ley. c
Anderson?W. F. Moncrief, Ander- ?
on: L M. Mahafey, Anderson. f
Barnwell?R. H. Harley, Williston;
P. Lide, Barnwell. I
Beaufort?Wm. Elliott, Jr., Beau- j
art; T. 0. Hutson, Beaufort. c
Berkeley?F. W. Dantzler, Mt. (
*lea(iant. r
Charleston?W. M. Whitehead a
Jharleston; Robert E. Seabrook, 1
Jharleston. 'J
Cherokee- R. 0. Sims, Gafney, N. ?
I. Littlejohn, Gafney. a
Chester?S. B. Latham, Chester; e
as. Hamilton, Chester.
Chesterfield?B. F. Hargatt, Ches- 1
srfield; A. II. Mc Irm, Cheraw. (
Clarendon?J. H. Lesesne, Man- fc
ing; E. J. Browne, Manning. ii
Colleton?J. E. Purifoy, Walteroro;
J. T. Hiers, Walterboro. i
Darlington?Jas. R. Coggfshall, c
Arlington; J. B. Floyd, Darlington, ri
Edgefield?E. H. Folk, Edgefield; a
[. 8. Hartzog, Johnston. f
Florence?D. McDu ffie, Frien d field; a
V. N. McPherson, Darlington. g
GreenviUe?Julius L. Eskew, Pied- s
iont; 0. B. Martin. Greenville. c
Hampton?T. H. Fits, Hampton; J. v
V. Rouso, Hampton. I
Horry?D. A. Sp;vey, Conway, W. t;
!. Graham, Socastee. fc
Kerahaw?Thos. Pate, Camden; W. c
. Villepigue, Camden, \
.Lancaster?J. T. Green, Lancaster; I
. H. Foster. Lancaster. t
Laurens?J. B. Parratt, Highland I
lome; J. B. Watkins, Laurens. t
Lexington?L. B. Hayne, Leesville; e
'. E. Dreher, Lexington. I
Marion?P. H. Edward3, Mullins; t
. D. McLucas, Marion. v
Marlboro?J. D. Moore, Bennetts- c
ille; J. A. Calhoun, Clia.
Newberry, G. G. Sale, Newberry; s
V. H. Wallace, Newberry. c
Oconee?W. J. Stribbling, Walhala;
W. A. Dickson, Broyles. r
Orangeburg?Robt. Lide, Orange- e
urg: A. H. Moss, Orangeburg.
Pickens?J. E. Parson, Pickens; S. c
V. O'Dill, Roanoke.
Richland^?E. B. Wallace, Colum- j
>ia; C. E. Johnston, Columbia.
Saluda?Jas. P. Bean, Johnston; J.
\ Bowles, Paynes. t
Spartanburg?W, J. Wall, Spartan- t
iurg;C. E Elmore, Clifton. g
Sumter?S. H. Eimunds, Sumter; t
I. F. Wilson, Sumter. a
Union?C. B. Waller, Union ;C. H. c
\jake, Union. ^
Williamsburg?E. G. Chandler, i
Gngstree, Wm. G. Gamble, Kings- i
ree. i
York?J. A.Barron, Yorkville;J. c
rV. Thomson, Rock Hill. i
The State Superintendent of Educa- i
ion was instructed to fill all plaees
eft vacant. i
THE TIDE TURNING.
DEMOCRATS VICTORIOUS IN MUNICI
PAL ELECTIONS.
Darter Harrison Wins- Elected Mayor o
Chicago by a Vote or Nearly Two to One
Canton Goes Democratic.
Chicago, April 6.?With Ihe magi*
)f his famous father's name, aided bj
,he independent s( lit in the regulai
Republican ranks and the flecking oi
,he aiscontented laboring class to th<
standard of silver Democracy, Carte]
Eenry Harrison was elected mayor ol
Chicago today and a great Democratic
riumph was recorded. The 56.00C
jlurality over McKinley over Bryan
vas turned into a Democratic plurali
y of about 85,000 over Judge Nathau
el C. Sears, the machine Republicar
:andidate for Mayor. The almost com
jlete mayoralty returns show thai
Etarrison polled a plurality of aboul
'5,000 over the next best man, Alder
nnn .Tnhn M TTorlnn a Rftniihlicftn
vho ran on the citizens ticket by him
elf. The figures also indicate thai
he next mayor polled a small majori
y over the three other principal can'
lidates, Sears, Harlan and Hesing,
he ex postmaster and German editor,
vhose ticket was called business ad
ninistration of municipal affairs. He
s a gold Democrat, but his boasted
trength among the independent mer
?f both parties dwindled to about 16,100
total vote. Harrison's total ^ote
s about 140,000, which is less than
1,000 under the vote polled by Wm,
r. Bryan.
The total Republican vote is abou
>7,000 while McKiDley polled 200,74'
rotes in November. The rest of the
lity ticket, attorney, treasurer and
ilerk, all the town tickets and a large
najority of the common council have
;one Democratic on the tidal wave
vilh the possible exception of the
Hyde town ticket. Harrison or Har
an. carried every ward in the city anc
he Republican machine was repudia
oH flTrrmTTTirliorn T^hoi^i 1Q 1??>q1 1 XT nft(h
WM STWiJ TTUVIV* X*(\AV AM mvim
og left for the Republican party tc
:onsole itself with, except a fow alder
nen whose records were gocd anc
vbo ^appended to live in wards thai
ire usually Republican. The argu:
nent of the Republicans that if He;
ng and Harlan, the two Iadependmis,
had withdrawn, Judge Sears
Tould have won, does not hold gocd
vben it is shown that Harrison bis a
;lear majority over all three. Tht
itt.er city tickets in the field cut no
Igure at all.
There was a j >yful demonstration
if Democrats on the streets when the
esult became assured and thousands
;al.hered in front of newspapar offices
o cheer as the news was displayed,
?here were impromptu parades, fire
irorks and much cannonading of the
.tmosphere.
Carter Harrison said of the result:
'It, has been a victory of a united and
tot; a divided Democracy. Gold as
veil as silver men cast their ballots
or me and registered a protest against
?9publican misrule. The workingiien
were with me."
The late returns indicate that the
)emccrats will have 39 aldermen out
if 68 in the council. Twenty eight oi
be Democratic candidates are proba
>ly elected out of 34 and with the 11
)emc3ratic holdover aldermen wil]
;ive that party a majority in the legslative
bDdy.
democratic ohio.
Chicago, April 7.?A special to the
lecord from Cincinnati, says: The
esult of the municipal elections in
)hio yesterday shows Democratic
:aine. The large cities which gave
IcKinley such enormous pluralities
a3t November have gone Democratic.
IcKinley had only 50,000 in the State
md all of this plurality cirme from
ho cities which today went Demo
ratic. Ouiside of these cities, the
itute was carried by Bryan last No
'ember on the silver issue and the
riends of John R. McLean, who is
k'V nam/vtMofi/t nori/li^oto fni* CATlofof
UU L/omuvinviv uujuuiuutv 4v& uwuww? ]
lave made much comment on this
act. They claim that McLean will
arry the legislature and possibly the
Jtate ticket next November on the
ree silver issue.
In Cincinnati, the home of Senator
Poraker, a Republican plurality lest
'ear of 20,000 is displaced by a Demoratic
plurality of over 7,000. In
Cleveland, the home of Senator Han
ia, the Democrats made large gains,
,nd even the home of President Mc
Cinley at Canton, went Democratic.
?be home of Governor Buahnell a1
Springfield is strongly Republican,
,nd that cily elccted a Demcsratic
Qayor by over 400.
'KThila thft rPSiilt. in Oliin is duf
ai'gely to the opposition to Geo. B.
)cx, who had become offensive as a
ioss the result in the State generally
9 accredited to dissatisfactions
There are many who are suffering
n business and many more who are
>ut of work, who expected relief first
aonth under the new administration
ind some express the opinion that the
ree silver sentiment is growing
mong these people. The Democratic
;aias were general. There was no
pecial legislation of the last Republian
legislative on which any issues
7ere made. The man who headed the
)emocratic ticket in Cincinnati, Gusav
Ta(el,was formarly a Republican,
tecome a free silver Democrat three
ir four years ago. He secured the
ote of both gold Democrats and gold
Republicans, bccause he represented
he anti-Cox sentiment in this city,
t is stated by the Republicans that
hey have always lost the municipal
lection after the inauguration of a
Republican president. At Hamilton,
he entire Democratic ticket is elected
vhile Chas. S. Bosch for mayor seures
a majority of 1,400.
At Zanesville the Democrats simply
wept the city, electing their entire
ity ticket.
At Springfield, the Democrats caried
the home of Governor Bushnell,
lecting John M. Good mayor.
At Akron, the contest for mavor inlicates
the election of Young (Dem.)
At Fostoria for the ti'it time in 2C
rear3 the Democrats elected a mayor.
dry an elated.
Washington, April 7.?Great inerest
was manifested here tonight ir
he Chicago election, and crowds con
;r?gated about the newspaper offices
o receive the news. Democrats were
ill very much elated. Mr. Brjan wa*
me of the most elated. Mr. Bryan
vas one of the most interested in the
eturns, and spent an hour in the
Southern Associated Press office read
ng the Chicago returns. Expressive
>f his viewa. his telegram to Mr. Har
ison tonight puts them succintly. Ii
eads:
"Hon. Carter Harrison, Chicago
Vccept congratulations upon youi
magnificent victory. The elections in
Chicago, Cincinnati, Detroit and other
cities indicate a decided change in
? viiiVkliA cinrtQ AJATT^mVin*
puuu^ acuuujciib emv/o xi ir WLLLWA
W. J. Bryan.
THRILLING DESCRIPTION
f
i. Of the Drowning of Three Mel Six Miles
From Greenville.
3 Greenville, April 6.?The Saluda
r Biver is within its banks again, after
? being on a boom Monday night and
j this morning, during which three men
were drowned and one mule and two
f horses perished. Thres more men
| miraculously escaped death after ba*
ing considerably bruise 3, and thou
. sands of dollars' worth of bridge3
were swept away. The dead are John
1 Freaman, white, of Pickens Gounty;
^ Jackson Byrd, colored, of Pickens
t County; Baba Gillespie, colored of
O-reflnvillft Countv. The wounded
1 are: Claude Hcod, William Green
' and Mr. McDade, all white, of Pelzer.
. This river has a dccidci reputation for
turbulence and violence, and many
i drownings and hair-breadth ecoapss
1 are related of its former sprees. It
was fifteen feet above normal at midnight
bafore the last and was out of its
banks hundreds of yards on both
sides, surging and sweeping by at a
terrific speed and frowning and threatening
with eddies everywiiere. Rising
as it does in the mountains, the
Saluda, above all other streams here,
abouts, is particularly violent after
r heavy rains. The great incline of its
bed and the hilly character of its banks
5 skives it remarkable speed and volume.
It came within threij inches yesterday
5 of smashing all previous records.
? ThoHrnwninir r?tno mat at tho Pnr
Bridge, within six miles of this city.
One of the victims was John Freej
man, a well-to do Pickens farmer and
a man of family. He perished in the
presence of about fifty persons gathered
on the Pickens and Greenville
} banks. The bridge is a large covered
i wcoden structure and its floor is thirteen
feet above the normal heighth of
: the river. The two abutments are
substantially counstructed of granite,
filled in to the banks with earth. The
men who perished wera driving from
[ Greenville. The water was rushing
over both earthen abutments, about
' two feet deep on the Pickens side.
The water was about a foot and a half
) above" the floor and six inches more
would have sent the whole structure
1 whirling down the river.
The party crossed the bridge in safe
' ty. Jeff Davis, colored, in the two1
horse wagon with Mr. Freeman, and
Bi jan was in a cart in front. Bryan
crossed the overflowed abdument with (
1 ease, but as the wagon reachcd the
Pickens end of the bridge, the mule,
; the left-hand animal of the team,
doubted the propriety of going over
1 the abutment and backed. The lash
1 was applied and then the horse, which
' was on the left, steppsd into a hole
about eight inches deep. The mule
shied and carried the horse with him
! a few feet down the embankment of
; the abutment on his side, which was
down-stream. The negro jumped out
and find to the bank. Mr. Freeman
[ got into water about waist deep and
went to his team and attempted to lead
them back on the embankment But
the animals were excited and, rearing
up, struck Mr. Freefhan in the face
) and sent him under the watar and
i down the stream into water about ten
t feet deep. The team was swept after
! him. About fifty feet from the scene
i of the first trouble Mr. Freeman seized
i a tree and grabbed his horse's bridle
a?ain. and in the struggle went under
) the second time. Thehorae got away,
and Mr. Freeman went under tha last
time. In a few minutes Jackson Byrd
i and Babe Gillespie wera drowned in
the same way as Freeman, their teams
i going off the bridge. Heroic efforts
i to save them were futile.
, The m6n wounded wera hurt by the
i falling of the Pelzar bridge. The new
[ $12,000 iron bridge over tbe Saluda
i River at Pelzer was sweot from its
) piei3 on Monday night. The loss is
$3,000. The bridge was to have bsen
accepted by the county supsrvisor on
; Saturday. Tha loss, tails upon Contractor
J. H. Whitner, of Tennessea.
l The three white men named above,
titVio -mova utrinw fr? oqtto hpiHcfft
, wera swept overboard by the flcci of
water as the bridge went down and
narrowly escaped being crushcd in
; the wreskage. The fill of the bridge
was due to the undermining of the
s masonry pier on the Anderson side,
within a few hundred feat of the main
i building of the PeJ^ar Cotton MLPs,
and about fifty feet below their dam.
i This,bridge has baen the subjcct of
much controversy as to whether Green
ville should pay one-half the cost of
; its construction. It was claimed that
i Greenville was helping to divert trade
; from her own machines toward these
in Pelzer. A new span and pier will
i nave to be built.
Want at the Doors of Thousand*.
; . Greenville, Miss., April 8.?The
condition of affairs in this section of
, the Mississippi river continues serious.
( Want is today at the dcor of many
laborers. The Yazo, Miss., delta
embraces ten counties with a popula,
tion of nearly 400,000, people, 70 per
, cent, of which are farm laborers. The
secretary of war has kept himself in
telegraphic communication with the
governor of Mississippi seeking information
concerning the needs of the
flooded districls. Governor McLaurin
| in turn has keDt in telegraphic communication
with the representative
men of the delta, and yet he has advised
that assistance was not needed.
Today's advices gave a more extended
. report of the prevailing condition, and
, the leading planters and business men
of Washington county sent a dispatch
. to the governor appealing for govern
ment aid.
A Modern Bluebeard.
Lewisburq, W. Va., April 9.?The
body of Mrs. Zona Schue, who died
' suddenly at R'.chlands, January 23,
was disinterred and it was found that
her neck was broken. The coroner's
jury charged Scbua with killing her
1 and he was arrested here. It is said
' that she was Sehue's fourth wife and
' that each of the other three died sud;
denly.
I To Open Ills Skull.
) Cleveland, O., April 9.?C. N.
s Cunningham, an alleged forger, will
be taken from the county jail to the
5 city hospital, where portions of his
skull will be removed to ptrmit an
L examination of the brain, to decide
the question of the man's sanity.
: There is a difference among the ex
perts at present.
CROPS OF THE STATE.
RAINFALL GENERAL AND HEAVY-ALL
FARM WORK BEHIND.
In the Northern Tier of Counties Practically
Nothing Has Been Done Toward*
Planting?Uplands Being Too Wet Even.
A General Review,
Columbia, April 7.?Director Bauer
resumes today his weekly summary of
reports of the weather and crops in
the State. In view of the recent longcontinued
rains, the first report will
be extremely interesting to business
men in the towns and cities as well as
the farmers of the State:
* weather.
The general weather conditions during
the present crop season were unfavorable
for the preparation of lands
for planting and in consequence the
season is late, being variously estimated
from ten to twenty days later than
usual. It is due mainly to the excessive
rains of February, followed by
continued cloudy and rainy weather
during March, with light winds, except
for a few days during the third
decade of March, when ?lpai?. mnl and
windy weather prevailed. This in
turn was followed by rains which suspended
plowing and planting up to
data.
The temperature during.the week
covered by this bulletin averaged
slightly cooler than usual, with mini- #
mum temperature below freezing as
far.east ward as Berkeley, where tnin
ice w?s noted on the morning of
March 28. Frost was general on that
date, killing in exposed place*, but
owing to the backwardness of the s?aeon,
injury was limited, being confined
to corn, where up, and to fruit,
which was materially damaged in
York, Spartanburg and the northwestern
counties generally. Peaohes suffered
most.
During the week the temperature
ranged between a minimum of 26 degress
at Greenville and a maximum
of 79 degrees at Shaw's Fork?.
The rainfall was general over the
State and was heaviest over the western
counties, where it average! nearIt
nnfi and a half innhnq. whila for tha
entire State the average was 1.33
inches. The greatest amount for the
week was 2 75 inches at Hillsville, and
the least 0.36 at Barksiale. The nor*
mal for the same period is approximately
0,75 inch.
The week was deficient in sunshine.
Ia places there was practically none,
9 percent of the possible being reported
from Elmore, Orangeburg County;
the largest percantage was reported
from Forrestville, Florence County,
with 52 p3r cent The average for tne
entire State was about 30 per cent, of
the possible; the normal sunahine at
this season of the year being about 66
per cent.
CROPS.
As praviously stated, and for the
reasons given, farm work is very much
behind hand in South Carolina, excapt
in Horry, Marion and Marlboro
Counties, where the conditions have
bsen mora favorable and planting ia
more advanced. In the northern tier
of Counties from Chesterfield westward,
practically nothing has been
done towards planting, for even the
uplands were too wet to prepare except
for a few days in the latter part of
March, after which more rain again '
made plowing impracticable. It is in
those counties that the season is most
backward.
But little can as yet be said in detail
as to crop?, for planting has not yot
fairly bagun, excapt that in the northeastern
Counties ?orn planting is
nearing completion and the stand fair
where it has coma up. In other ssotions
of the State some few farmers
have planted corn, but the work is not
yet general In Dorchester, Barkeley
and Colleton some seel is rotting in
the ground and replanting will ba necessary.
In the extreme eastern counties
cotton planting has fairly begun,
but in the central and westarn counties
verv little or none baen plant*
ed and .very little of the lands prepared.
Wheat and oats are looking promising
over the entire State. Few spring
oats have been sown, as the ground
was too wet. In many suctions corctsp
ondents report the intention of farmers
to plant sorghum cane largely for
a feed crop to substitute for oats. Sorghum
cane sued reported scarce.
Rice lands have been too wet to ^repara
for planting,|and in some districts
nothing has bsan done as yet; in others
about half the lands are prepared.
Gardens ara very backward, for the
general reasons already assigned, and
on account of coal weather lately. In
the truck farm district? the ssason is
an early one; there having been no
cat-back from frost sinca Janurry.
Fruit generally looks promising,
except that it is greatly feared that
p?acnes were materially damaged by
the frc3t and freeze of March 28 as far
eastward as Orangeburg and Colleton
Countiei. As is usually the case the
frost was more severe in EDme places
than in others. In York, SDartanburg
and Greenville Counties it is the un
qualified opinion of all correspondents
that "peaches were about all killed.
Elsewhere the extent of injury is as
yet uncertain.
Fruit, other than peaches and plums,
is apparently safe.
Tne following extract from the National
Bulletin for the month of March
summarizes the extant of planting for
the two principal crops of the South:
"Some corn has bean planted as far
north as Tennessaa, and the southern
CDrtion of Missouri and Kansas, planting
in Texas and Louisiana being
akout completed, and in Alabama,
Mississippi and Texas the early planted
is up."
((Cotton planting in Texas has progressed
favorably, and some has been
planted in South Carolina, but in other
States of the cotton bait practically
no planting has been done up to t&e
close of the month."
J. W. Bauer,
Section Director.
Iheu Leave It to the Needy.
Fargo, N. D., ^^18.?There baing
a diversity of opinion as to the matter
of receiving aid from congress for sufferers
by the flood, Mayor Johnson of
this city called a meeting of citizens
this evening to discuss the question.
The meeting was an enthusiastic one,
and great indignation was felt among
those present regarding the exaggerated
reports ?9nt out regarding the
floods. Secretary of War Alger was
wired that Fargo was very grateful
for the proferea aid, but none was
needed. Sanator Hansbrough, Congressman
Johnson and Senator Rocah
were also wired to the same effect,