The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, October 21, 1908, Image 8
* ' / "A" ' ' " '
E ' - ^ * ' . I
%
Grand Jury
Presentment
September Term 1908
State of South Carolina,
Abbeville County.
Court of General Sessions.
To the Honorable K. YV. Meiniiiiuger, Pre
V / siding Judge.
' "We the Grand Jury for Abbeville Count;
at this the September term ol' the Court o
General Sessions, would beg to make th<
following presentment:
We have passed upon all bills handed t<
us by the Solicitor, disposing of each as
in our iudirment. the facts warranted.
A committee of our members visited thi
Jail, respecting which, we made some allu
sion in our presentment at tlie J une lern
of Court.
This committee reported everything in ?
satisfactory condition in and about tliii
institution.
In our June Term presentment we sug
gested to the Supervisor that there shoui<
be a new Stockade built out at the .Poo
House, in which to keep the convicts a
night while out there engaged at work 01
the farm.
On interrogating him as to why thi
suggestion had not been carried out, li
..o fhut hu ubi'bi' ha.il lnol'ft thai
iUiUXUICU UO buwu A*V UVIV ? ?
two or three convicts at a time out there
and that he had a iirst rate tent which wa
really better, from a sanitary standpoint
than would be a wooden stockaue, as th
tent could be moved from place to place a
the surroundings became, lor any reasou
objectionable which could not be done ij
case of a wooden building.
We are pleased to be able to report tha
tho nuances of the County are in excellen
condition?the County being free free
debt?barring the balance uue on the ne\
Court House, which is provided for b;
bond issue.
After allowing about $2,000 per montJ
for current expenses for the remainder o
the present hscal year, it is estimated, b;
the County Supervisor, that there will b
on hands, for repairs to the reads am
bridges, ubout $6,000.
' \ We recommend that our delegation t
the Legislature endeavor to make the ne
cessary arrangements to have the sinkinj
fund commission lend to the County, sui
flcient fuuds to repair and replace all o
the more important bridges in the Count;
that were destroyed by the recent floods
The following is a list of the bridges whlc]
we regard as belonging in that class, viz:
Bridges on Rocky River at Lowndesvill
and Swearengens Mills; Fair's Bridge
Martin's Mill bridge, Calhoun Mill bridg
andPettygrew's bridge, all on Little Rivei
also Morton's Mill bridge and McKitrick'
Mill bridge, on Long Cane Creek, als<
Clinkscale's bridge, over Shanklin's Creek
We suggest that the County Commission
^ ers concentrate their efforts in re-buildiuj
* the above mentioned bridges, even to th
x neglect of other less important bridges.
In our presentment at the June Term o
Court, we stated that it was our intentfoi
to have a thorough investigation of th
several County offices made, the result o
such investigation to be reported at th<
present term of Court. This a committer
of our member has done, assisted by R. E
Hill, whom they were authorized to em
ploy for that purpose. As this investiga
tion was something more than a mere per
* fto fhfiVft U7AT1
lUlIULUry prui'trouilig, auu ?o uuwv J
some twenty or more offices, incluciinj
Magistrates, to be examined, the report o
this committee, of necessity, is a prett]
lengthly document, but in view of the im
' . . portance of this matter, we trust you:
: < Honor wilf bear with us while it is beinj
read.
The report of the committee, which fol
lows, fffter being considered by our entiri
panel, wae unanimously adopted as a par
of this presentment.
'
EEPOET OF COMMITTEE.
In the out-set of this our report, you:
committee would beg to state that we dis
cerned, in the course of our investigation
a great many instances wherein Count:
officials have failed to comply witn tne re
quirements of the law (and this appUei
more or less to all of them), but as man:
of these failures were in respect to matteri
of minor importance, and as it would hav<
required too much time and space to hav<
particularized as to all of such, we though
it best not to do so, and accordingly pass
ed them over; merely suggesting to thi
derelict officials that it might be well fo:
them in the future to have a stricter re
gard for what the law requires of them.
We shall therefore confine overselves ii
what we shall bave to say in this report U
such derelictions of duty and violations o
the law as have or might have resulted u
injury to the County.
ff V
OFFICE OF MAGISTRATE.
We required the several Magistrates o
the County to bring their dockets befor<
us for examination; our purpose being no
so much to see in what manner their booki
were kept as it was to see whether or no
they had complied with the law in refer
ence to paying over to the County Treas
urer all fines and costs collected by then
in criminal cases.
While by Section 1000 of the Kevised Sta
tutes, It is made the duty of each Magis
trate, on the 1st Wednesday in each montl
or within ten days thereafter, to make, ii
writing, to the Auditor and Treasurer o
hisv County a full and accurate statemen
of ail moneys conecteu uv mm va owwuu
of fines and penalties during the pas
month, together with the title of each ca?
where a fine has been paid?and while th<
law requires that all such fines shall In
j promptly turned over to the County Treas
urer, we are reluctant to state that in n<
instance has a Magistrate of the Count]
complied with the law in the matter o
making such reports, and in many in
stances the money, instead of being pai(
over promptly to the Treasurer, has beei
retained by the Magistrate from three t<
six months.
These arc important duties as evidencet
by the fact that the penalty prescribed foi
a failure to make these monthly reports
may be a fine as much as $100, or impris
onment in the County Jail for as much a:
two months, or both in the discretion o
Court; and the penalty for a failure t<
turn over, immediately, to the Count:
-1' nnnnlfiflc
Treasurer, an unco CL11V& pvUUiViVV V. v?.v,wv^,
by them, is put at not less than $100, am
imprisonment for not less than thre?
months; "dismissal from office and die
qualification foj: holding any office of trus
-and profit under the State.
We found that Magistrate Sanders luu
1' \
: r
Tin his h&iide, 011 aeeounl of fines and eo&tfl
collected by him, the sum of One Hundred
and Two Dollars, which he has had for
some considerable time. The reason given
by him for his failure to pay over this
money as the law requires, was that he
I hail endeavored several times to do so,
but could line no one in the Treasurer's oflico
to pay it to; in this we have no doubt
he is correct.
(This money wo understand he has paid
to the present Treasurer since the above
was written.)
We discovered, upon an examination of
the docket of Magistrate Stanton, that he
is due the County iifty-six dollars.
When his attention was called to this
matter he seemed to be greatly surprised
^ and insisted that ho owed the County
1 nothing; but after going over his docket
L" with us ami summing up all of his collections
in the way of lines and cpsts, and
J taking therefrom what his receipts for
'' moneys paid the County Treasurer called
for, there appeared this balance of lifty-six
J dollars, which, of course, he will have to
pay over.
1 Magistrate Hollingswortli evidently misconceives
his duty respecting tax warrants
1 that are turned over to him by the County
3 Treasurer against parties who have failed
to pay their poll tax. The law makes it a
misdemeanor for any one, liable to a poll
1 tax, not to pay it.
1 instead of docketing such cases, just as
1 he does other cases of misdemeanor, and
I entering the amount of the fines which he
is authorized to impose, in case of convicb
tion, collect the same and pay it ovei
* promptly to the County Treasurer, as ht
II is required to do, he turns the whole business
over to the Sheriff who proceeds
b agjunst the party, collects from him foui
' collars and seventy-live cents to six dole
iars, (varying according to the distance
b the party lives from the court house,
' which sum is largely made up of costs?
u and the portion which is intended for the
. County, is never paid to the County Treas1
urer until the Sheriff has a settlement with
I that officer, on account of tax executions
II which have been placed in his hands for
v collection, which is usually from twelve to
^ fifteen months thereafter.
The Sheriff, as sheriff, should have notha
ing to do with such warrants.
1 The law makes it his duty to serve all
> processes issued by the Magistrate at Abbeville
C. H., and when serving tax ward
rants he is not acting in the capacity ol
Sheriff, but as Constable for the Magistrate
u at this place, and he should proceed just
!* as he would do in the case of a person
? charged with an assault and battery, for
instance, arrest the party, take him before
1 the Magistrate and he should impose the
y line, collect it and turn it over to the
' Treasurer, as he docs in other cases of
3 misdemeanor.
e ' MAGISTRATE'S CONSTABLES.
'? We have to report that not one of those
e now acting as constable in this County has
'? qualified as the new law directs.
8 Sec. 1047 of the Revised Statutes pro3
vides that when any person shall be elect
ed or appointed to the office of constable;
* he shall file with the clerk of Court the
? evidence of his appointment or election,
e and shall enter into a bond in the sum of
Five Hundred Dollars, with not less than
* two nor more than five good sureties, to
3 be approved by said Clerk; and upon takB
ing the several oaths prescribed by Sta*
tute, he shall be given a certificate by the
2 Clerk that he has filed his bond and taken
9 the required oaths, and he shall thence'
forth be regarded as a regular qualified
" Constable. Nor shall any person not so
" qualified exercise the powers of a Consta
ble.
2 The Clerk informed us that not one of
? those acting as Constable in this County
1 had fiamplied with the law in the above
1 mentioned particulars, so that any arrests
" made or acts done by any one of these sor
called Constables, unless specially depuf
tized to act in such case, has been unlawfully
done.
But we are disposed to regard with leni8
ency the failure on the part of those who
1 have been appointed to these positions to
comply with the law, as we do not believe
that such failures is atributable to any
disposition to disregard the law, but
r rather to their ignorance of what the law
. requires.
t But we do think, however, that the sevf
eral Magistrates when they appoint their
- constables should see to it that such aps
pointee qualifies for the discharge of his
i? duties as the law directs; for we presume
s that these Magistrates know the law Dearb
ing upon the subject, notwithstanding it
3 has been said by a distinguished Judge
t that it is a violent presumption to presume
- that the average Magistrate knows any
a law.
r OFEICE GF CLERK OF COURT.
' The records and official papers in this
5 office are not in a very satisfactory condi3
tion, owing largely to the fact no suitable
j place could be had for keeping them pending
the erection of the new Court House.
In the matter of the collection and disposition
of fines imposed by the Court, license
fees, etc., it appears that he has
complied with the spirit of the law, if not
' with the strict letter thereof, especially in
3 paying over to the County Treasurer all
i such lines and licenses.
3 He h> required by law just as the several
"* * 1 ? ronnrf
Magistrates are. to ma&c a, ?i
to the Auditor and Treasurer, on the first
Wednesday of each month, or within ten
1 days thereafter, of ali moneys collected by
him, to which the County is entitled, dur"
ing the past month, and to pay over to the
County Treasurer promptly, all such
1 money.
j While as before stated, he has paid to
the Auditor and Treasurer all such money
collected by him, he has not made the
written reports to the Auditor and Treasurer
as the law directs.
3 This is an important matter, especially
3 so as regards the reports which he is re3
quired to make to the County auditor, as,
" rf not done, that officer is entirely depend5
ent upon the Statement of the Treasurer
as to the amount he lias collected from the
f Clerk, when he comes to make the annual
" settlement with the Treasurer.
1
! JUDGE OF PROBATE AND MASTER.
5 As the duties of these two officials have
to do more especially with individuals
1 rather than with the County, or the peor
?nri as t.h? Grand Jury are
piu gCUWiMi;, MM<? ?
charged with the duty, more particularly,
of seeing that the interests of the County
3 are protected, we did not feel called upon
f to m?ke a minute examination as to the
5 official conduct of these two officers?bef
lieving that the parties and individuals
i particularly interested therein, would look
i after that.
8 There is a matter, however, to which we
- would call attention and beg to make a
t suggestion to the delegation from this
County to the Legislature touching the
1 s&me.
^ - .?. . -v .
U. , v- . _
* ?/ // ' V:\3X > Si-'- r
\
We find that there ft in the hands of the ^ be d
Judge of Probate and Master, each, a con* j Tl
siderable sura of money, amounting in the und
aggregate to several hundred dollars, j this
made ud of small sums left over in the resi
settlement and distribution of estates' in r
that have gone through these offices, which and
belong to various parties whose where- T
abouts are unknown. req
The greater part of this money has been tifl(
handed down from one to another of the the
predecessors of the present incumbents, in s
extending back foi> quite a number of the
years. fro:
The great probability is that the bulk of am'
this money will never be called for by the T
persons entitled thereto. cat
The suggestion which we would make is for
thisThat an Act be passed by the Leg- of (
islature directing that this money be wai
turned into the County Treasury, for the ?
use of' e County, with a full statement of ord
the cao>^ in which the amdunts, respect- his
ively arose, the names of the persons, so me:
far as known, to whom the money belongs, bee
etc., with the stipuftition that the same on
shall be paid to the rightful owners wnen no\
called for, upon satisfactory proof that H
they are legally entitled thereto. tha
The County Treasurer should receipt the in t
Judge of Probate and Master for the soe
amounts turned over by them respective- bea
ly. This, of course, should be a lav,- gen- ha\
eral in its application, as we have no doubt wb
a similar state of affairs exists in other or i
Counties. coll
COUNTY SUPERINTENDENT OF
EDUCATION. the
1 - This officer has, so far as practicable,
carried out the law in the management of aw;
' his office.
There are some duties required of him wix
which are: impracticable, in that the laws
' prescribing them to have been enancted wo'
1 upon the assumption that the ihoney for PUI
running the public schools is collected and
1 in the County Treasury before the beginning
of the scholastic year. Whereas, as j
a matter of fact, the schools have all ure
1 closed before the money for paying the |on
teachers has been collected?we being a rea
1 year behind in the matter of collecting (
taxes. bg |
COUNTY AUDITOR. ply
i - j- j iu. law
?ne papers una ujuuj ui me icwiuo m ?
this office are ijiVather a confused and un- S
satisfactory condition. ft 1
This, however, applies to most of the
other offices as well, which, as stated in Coi
the case of the office of Clerk of Court, is co1
largely due to the fact that suitable places
could not be had for keeping such records
pending the erection of the new Court ten
House. 1??'
It is to be expected, however, that once 'or
the Court House is finished and occupied P?*
by these.offlcers, that the papers and rec- nei
ords belonging in their respective offices
will be more' nfcatly and systematically arranged
than has been the case heretofore. {
As is true of the Superintendent of Ed- ng
ucation, so is it of the County Auditor? ?r J
many of the duties required of him are
of an impracticable nature. 'v.
For instance, he is required, in taking *
i^turns for taxes, to enter upon the original
retutn and thereafter in the tax duplicates
the school district in which the taxpayer
resides ; this he can not do, for the ^
reason that possibly not one in fifty, and 8
especially the negro taxpayers, knows in mo
what school district he lives. ^
.-j v.. __ heli
AI1U 11U lb 1 tJquilcu uu wc
tion of the time for making tax returns to 0011
make out and forward to the Board of jTrustees
of each school district a correct ^
list of poll8 returned from thei- respective n *
districts?this is impracticable for the anc
{ ? CPV
same reason. .
But there are certain other duties en- pro
joined upon him that are practicable, ?uc
which he has overlooked or failed to dis- ,
charge. "ef
Section 102 of the Revised Statutes ~;u<
makes it the duty of the County Auditor Trt
and County Treasurer to have a full and P y
final settlement as. to all tax executions is- "f3
sued by said ^Trfeasurer, within twelve
months after th# 'Expiration of the time "it
allowed by law for \he payment of taxes orc
in any year, and Section 10$ provides that tfie
all such executions as 6hall have not been "al
collected for any reason, shall be filed in ^?l
the office of the County Auditor within one wit
yaar from the expiration of the time for eva
payment without penally of the taxes for ^ee
the collection of which the executions are 0011
... . - fin*
issued. And it rurtner aaas mat me au- ?
itor on the filing of said executions shall er *
receipt to the County Treasurer for the
same, giving the name of the party
against whom the execution Is issued, the ^
kind and location of the property, the na- law
ture of the Sheriffs return, etc., and he a ^
shall at the same time furnish a duplicate sev
of said receipt to the Secretary of State as opi
agent of the sinking fund commission. e(*:
In fact the tax executions issued for 1906,
are still in the hands of the Sheriff, not- ^
withstanding more than fifteen months
have passed since the expiration of the ^ac
time for paying taxes, without penalty, ^)er
for that fiscal year, when the law requires 1
that the same shall be returned within 1
ninety days. While in this matter the
Treasurer and Sheriff are chiefly to blame,
we think a portion of it attaches to the Auditor
as well, as he should have demanded
of the Treasurer that he account to him nar
for these executions within the time pre- Tre
scribed by law, and this no doubt would unj
have spurred up the Treasurer to have re- no*
quir&d the Sheriff to do hie duty In the
premises. 1 nar
But there is no doubt that the condition ^
of the health of the late Treasurer, for a ure
Ion# time before his death, had much to do cee
with his failure to discharge the duties of a#a
his office lie tbe law directs. T
COUNTY SUPERVISOR. ^
Ip view of the many and laborous duties woi
required of this officer and the watchful wei
care which he has been called upon to ex- of t
ercise In order to protect the Interests of iqg
the County, the present incumbent de- iar
serves great credit for the excellent map- am<
ner in wijich he has discharged the various Fiv
and oft-times delicate duties devolved up> and
on him. The greatest fault which we have T
to find of this office Is in his failure to re- She
quire others with whom the law makes It ami
his duty to have official dealings, to do waf
their duty. cen
Sec. 806 of the Revised Statutes provides whi
that all claims against the County shall par
ba made out in Items with an affidavit that is si
the same is just and true and that no thoi
part thereof h&s been paid, etc., and the sine
Clerk of Court, Sheriff and Magistrate G
shall on presenting thair claims for ser- to ;
vices rendered the County, further declare the;
on oath that all fines and penalties hereto- pre;
fore collected by them, have been faiths hea
fully and fully paid, over to the County not
Treasurer. All this is required to be done dell
RnnoruUuir i? authorized to ool]
UC1V1V viiu ? n.i i- ? .? ?? ^ r
, draw his warrant in payment of such reai
i claims. ' j bad
We find that the Supervisor had not, in pay
a great many instances, required this to of s
A
' X-- I ,
V ' * .* . . i-%
> ' ' ' p$ :
?
99ESS9S9SSS5fiMBMtfMbB^55S9
lone before drawing his warrant.
here Is another matter which tahie
er our observation while examining
i office which might and possibly has
llted in injury to the County. This is
eference to the cancellation of witness
Jury tickets.
he County Treasurer is authorized and
uired to cash all Jury and witness cer
:ates on presentation. The practice or
late Treasurer was, when he had taken
i number of such certificates, to take
m to the County Supervisor and get
m him ^a warrant for the aggregate
ount of such certificates.
he Supervisor receives these certifies
and files them away as his voucher
his warrant, just as he does in the case
)ther claims for which he issues his
rrant.
iut while it appears that in the case of
inary claims for which he has issued
warrant, he has made some endorsent
thereon indicating that they have
n paid, there is nothing to that effect
a great many Jury and witness tickets
r in his office.
b is much more important to the County
t such claims as these be cancelled than
;he case of ordinary claims, for the reai
that all such claims are payable to
irer, and as it is possible for any one
Ing access to the Supervisor's office,
0 might be so disposed, to abstract one
1 dozen or more of such certificates,
iect the money for them from the Treasr
and he in turn surrender them,among
)t of other such claims, tand get from
i Supervisor a warrant for the same,
hout either of these officers being
are of the fraud; thus the same certifies
might be paid two or three times;
ereas, ordinary claims being payable
y on the warrant of the Supervisor,
nld be worthless to any one who might
loin the same.
COUNTY TREASURER.
'o the fact that the late County Treasr
was in very bad health for quite a
g time before his death and for that
son had to depend largely upon others
iischarge the duties of me office, is to
attributed no doubt, his failure to comfully
with the requirements of the
r
\
ec. 402 of the Revised Statutes makes
the duty of the Treasurer to report on
11st and 15th of each month to the
iinty Supervisor' the umount of funds
lected on account ef the County, and
""AK fnnHo OIQA An tho
> UllttiatlCl V/l OUUll iuuuo, CMwrvr; VM V?JV
h day of each month, to the Superlndent
of Education the amount of coitions
and disbursements made by him
the month preceding, on account of the
1 tax and ail other school funds. In
ther of these respects has the law been
nplled with.
if so great importance is the making of
se reports regarded by the law-mak
power that the penalty for a failure
aeglect therein, is fixed at not less than
D.
'here is a matter in connection with
9 office to whjch our attention has been
led, regarding which we feel as though
could not use language too severe;
; while such is the case we are truly
d, inyiew of the heavy penalty attachto
such an offense, that the person
st to blame can not, owing to the capacIn.which
he was acting at the time, be
d to the strict accountability for his
duct.
'his was a clear cut violence of a law
ich has been re-itterated (tone and again
;he annual tax levies by the Legislature,
I which is in about these words: 'The
eral County Treasurers of the State are
hibited from collecting any tax except
h as have been first entered upon the
duplicates of their respective Counj,
or upon the Orders of the County
iitors of said Counties; and the County
sasurer, in case any tax payers shall apto
pay their taxes against whom no
fis nhftll have been entered on the tax
plicates, shall furnish to |he County Auor
the names of all such tax payers in
ler that he may enter their names with
i amount of the tax for which they are
)le, on said tax duplicates; and any
mty officer who shall fall to comply
,h, or who shall evade or attempt to
de the provisions of this act, shall be
;med guilty of a felony and upon the
viction thereof, shall be punished by a
s not to exceed Five thousand dollars
mprisonment for a period of not more
nflve year8 or both at the discretion of
Court.
fhile there are plain provisions of the
, and while the penalty prescribed for
iolation thereof, as above stated, is very
ere, neveruieieeo me duujd ?o *** wm*.
aion wantonly and inexcusably violatin
the case in question.
'he facts of the case are as follows:
l Mr. , eDgaged last summer in
lding the Cotton Mill at Calhoun Falls.
1 working for him quite a lurge numof
negro men, and not wishing them
je molested by the tax collectors, gave
the sheriff a list of these negroes,telling
1 at the same time, that be would pay
taxes for which any or all of them were
ile. as soon as informed of the amount.
s list, coraprietng something over fifty
nes, the sheriff gave to the acting
lasurer, (the regular Treasurer being
ible to attend to his office) who without
ifying tho Auditor as the law directs,
I thereby enabling him to enter the
nes of these parties on the tax duplies,
and in that way charge the Treaar
with the amount of their taxes, proded
at once to issue a poll tax warrant
.inst each one of them.
hese warrants he turned over to the
gistrate who taking with him the Sherrent
to where these negroes were at
rk, organized a temporary Court and
it through the farce of trying each one
;hem, as for a misdemeanor in neglectto
pay his poll tax. A fine of One doland
seven cent6, with the costs added,
DuntiPg to Fiye dollars and Seventy
e cents in the aggregate was imposed
collected in the case of each of themhe
Magistrate, as usual, allowed the
riff to collect and retain the whole
j. nrhinh llO fait- thflf. hp
JUlll, iCDW W??v \*J f~*r fttrrr -tv
i entitled, to?wit, one dollar and forty
ts In each case, and the portion to
ch the County was entitled, if these
ties were justly due to pay anything,
till in the possession of the Sheriff, al?
ugh it has been some fifteen months
:e this thing occurred.
ranting that these negroes were liable
pay a poll tax for the year for which
y were made to pay, (which we are not
pared to do, in view of all that we have
rd respecting the matter) they should
have beep matte to pay exceeding one
ar and seven pents. the amount of the
! tax and the penalty tberpop, for the ,
son that they, through their employer, !
I virtually come forward and offered to
'their taxes, notwithstanding the name
lot one of them was on the tax-books. 11
.; :' :' ' ; ' ...... \ "
_* __ 'A
The proper course for the Treasurer or go
the person acting for him, to have puratled wa
when this list was given him by the Sher- ]
iff was to have turned said list over to the ag
Auditor whose duty it would have been to lat
first find out whether these parties were ]
liable for poll tax for the year for which it vis
was proposed to make them pay; and if by
satisfied that they were, then to have is- se
sured a suplementol poll tax return, in ok
duplicate, for each of them; give one of
these to the Treasurer, as his authority iff
for collecting the tfix, and retain the other th
in order that he might enter the same on if
the tax duplicates at the proper time, and gi
thus charge the Treasurer therewith; and ar
all the Treasurer would have had to have
donesln order to have collected the One SI
dollar and seven cents in the case of each ea
of these negroes, would htvc; been to have*
notified Mr. of the amounts, as he St
had already informed the Sheriff that he to
was ready to pay whatever tax they were es
liable for. _ bj
But what adds to the gravity of this th
matter is the fact that a large majority of as
these negroes wero from other Counties in hi
this State, North Carolina, Virginia, and wi
Georgia, and were not living in this Coun- o\
'n 1906, the year for which they were made ta
to pay this tax. vi
" ' rtrtnnnnf r?f fha tlf
15UI ID 15 IlOt bU UiUUll uji (MjL.i/uuv vi v*<v ?
fact that money was unlawfully taken al
from these poor ignorant people, bad as 02
that was, that we find fault with, but It is 0<
on acconnt of the wanton disregard of the <l<
law in the matter. si
Should no cognizance of a matter of this ec
kind be taken, if it were permissible for til
the County Treasurer to collect taxes in fu
any such manner, there is no telling to
what extent the same might be carried, if P*
perchance a dishonest man should be w
made Treasurer. ^
The County Auditor, not wishing to be lu
made a party to a transaction of which he
does not approve, has refused to have
anything to do with it, and so, as we un- to
derstand, no abstract of the same has ever
been made out and sent to the Comptroller-General,
and consequently the Treasurer
is not charged by him with the amount te
of the taxes collected from these negroes, ct
We find that it has been the practice of
the Treasurer before beginning the collec- ??
tion of taxes, to write out a receipt for to
each tax payer, and then to lay aside the A
tax duplicate and pay no further attention ct
to it during the time for collecting taxes.
In the Treasurer's duplicate given to PJ
him by the County Auditor, and by which re
he is expected tb be governed in collecting *a
taxes, there is a column headed "Date pf ;
payment," in which he is expected to write of
the date when a party pays. L'(
As before stated he does not use this se
book at all in collecting taxes, but is governed
entirely by his receipt book, and
consequently the date when a Rarty pay6 m
his taxes is not entered on the tax puplicate.
ly
If the Treasurer always had an efficient ct
and a reliable person to call off the names ?
to him when writing the receipts, there se
might npt be any trouble grown out of m
this practice; but should it happen, as has
been the case, that the person calling off is
the na;nes should' not be accurate, there ai
will always be trouble. ce
For instance: Suppose a party by the pi
name of Martin should call' to pay hip w
taxes, whose name had been mistaken for sa
that of Mhdden, and the receipt so written,
th? Treasurer not finding Martin's name ui
- " ' * ? U nortv nj
in His receipt dook wuuiu nuuiu biiv pai vj a vjj
that his name was not on the tax books
and that he must go to the Auditor and la
get an assessment slip, when all the time w
his name had been properly entered on di
the tax duplicate, which fact if the Treasurer
had used his duplicate to collect by ti
he would have seen, and have saved this ig
trouble. ' - d<
And besides this, when the time comes cc
for issuing executions, the receipt wrongfully
written out in the name of Madden, it
would still be found in the receipt book,
which would be satisfactory proof to the Q
Trersurer that the tax had not been paid. jfl
and an execution would be issued against io
Madden, when really there would be no
such person. V . ' wl
This execution would be put in the hands lej
of the^She/iff who of course would fail to w]
find such party, and so report to the it
Treasurer, and the Auditor is blamed for bi
the whole thing, whereas the fault lies d<
with the Treasurer, for, if he had collected f0
the taxes by the duplicate, as he should ac
and the date of payment entered in the &
proper column, none of this could have oc- flj
ourred, and the nulla bona tax list would th
be that much less. |a
COUNTY SHERIFF, ?
While we are disposed to give the Sheriff
credit for being, in many respects, a most
effiolent and zealous officer, we are inclin- w
ed to think that in certain matters he,
perhaps, has been over zealous.
For instance in the case of a negro by
the name of Richard Bailey, who commit- I8
ted some offense, and escaped before be- Ul
ing arrested, the Sheriff received word Ql
from the police of Augusta, Ga? that they re
had arrested Bailey. Without waiting until
he found out certainly that it was the Pi
right party who had been arrested, which m
he might easily have done by having the
police send him a picture of the negro, he
hastens off to Augusta, picks up some
party on the way whom he took with hioi ci<
and whose expenses he charged up 3t(
against the County, and on reaching Augueta
found that it was not Bailoy but an- dc
other negro by the name of Blocker whom ini
the police had arrested. P?
The result was the County had to pay, stl
unneccessarily, the sum of #11.50, and it 8a
would have been more than double that to
amount if it had not been for the firmness fic
" ~ ? ne tho chAvifT Wf
01 tile LOUllty ounciuoui, ? ...
presented a bill for $12.45 additional which ^
he claimed to have paid the Augusta people
for arresting and dieting the aforesaid
Blocker; tnis bill the Supervisor very
properly refused to pay.
Then again in the case of Lee Howard
who escaped from the chaingang. ^
The Sheriff got word from the Chief of
Police of Danville, Ya., that he had ar- ^ej
pested HPFarfl. ?n
On rpppipt of tlijs information hp applied
to th? Supervisor, as wo were informed
by that officer, for the money to f(X
defray his expenses in going after How?
ard. The Supervisor, no doubt recalling
the circumstances in the case of Richard ?
Bailey, advised him to send to tho Chiof of
Police and have him send a picture of the '
negro, In order that ho might be certain
that it was the right man who had been ar- j
rested. J
This the Sheriff did, and when the pie
turo came It WMS piuiii li# uo Sft.-n uiiu n
was not Howard, and the Sui>ervisor, who' '
Jjnow Howard well, so told him. But regardless
of this apd notwithstanding the a|("
Supervisor warned hirj, on seeing that he jjj
was inclined to go on to Danville anyway, W1
that if he went he would have to foot tho ?
bill himself, as he would not pay it; he did bo
_
, and on Miehiri# Danville found that it
.?) the wrong man again,
3ut nevertheless he brings in ft bill
ainst the County for some forty odd dol s.
Fortunately for the County, the1 Superior
had the nerve and firmness to stand
what he had told the Sheriff at the outh
nnrt en far hils rpfnswd to allow tills
Urn.
We understand, however, that the Sherhas
not abandoned the matter, but
reatens to take the case into the Courts
these two accounts amounting in the ag egate
to some fifty or fifty-five dollars,
e not paid.
But while in the above cited cases the
leriff over-did his duty, there are other
.ses wherein he has failed in that respect.
For instance, Section 428 of the Revised
atutes makee it the duty of the Sheriff
make return to the Treasurer of all tax
:ecutions put in his hands for collection
r that officer, within ninety days from
ie date of issue thereof, designating such
> may be nulla bona and such as may
ive been collected by distress or otherise;
and within the same time to pay
^er to baid\Treasurer all penalties and
xes collected by him; and it further prodes
that in case any Sheriff shall make
fault in paying over witldn the time
' ??? -?* ' ? /irtl I /\r? n r%i rl
urubaiu, au/ muuejo VIA CK*AVI
:ecutions, it shall be the duty of the
juuty Treasurer, and he Is hereby rejired,
immeniately to bring suit against
ich defaulting Sheriff in any Court of
>inpetent jurisdiction, in which suit such
leriff shall be liable, to treble the amount
ir which he has defaulted.
It will be seen from the severity of '
malty attaching to a failure to corn}..
ith the law in these particulars that the
uglslature regarded tho same us quite
ipprtant.
iiut while this is so, we are sorry to have
i say that no regard has been paid therei,
as it is a fact that the executions issued
r the fiscal year of l'JOti, were still in the
inds of the Sheriff when we examined
s office, notwithstanding more than 1
en months had expired since thb date 01
loir issue.
The Sheriff is reqnired by law, just as
:e the several Magistrates of the County,
i make monthly reports in writing to the
uditor and the Treasurer of all moneys
illected by him on account of fines and
jnaltigs during the last month and to
romptly pay over to the County Treasuir
all rnpneys so collected. This ho has
lied to do. .
In the act providing for the appointment
Magistrates and their Constables in this
junty, it is stated that the Sheriff shall
irye all processes issued by the Magis
ate at Abbeville Court House, and lie
iall receive the same Ipes as aro now or
ay hereafter be allowed for such service.
At that time the Sheriff was paid entire'
by fees, since then the law has-been
langed and he is now paid a salary ol
leven Hundred Dollars, in lieu of fees for
irvice6 rendered the County in criminal
atters.
His interpretation of the law is that he
entitled to the Eleven Hundred Dollars
id also to all the fees for serving proisses
issued by the Magistrate at this
ace which he was accumtomed to collect,
hen he was paid nothing in the way of a
Jary.
In this liberal construction of the law we
lderetand he Is sustained by some of the
xcuit J udges.
This may he a proper construction of the
w, but if so, we are at a I06S to know for
hat service he is paid the Eleven Hun &d
Dollars.
But while conceding that he,may be entled
to. Costs and fees for serving papers
sued by the Magistrate at this place, we
> insist that he is not entitled to collect
sts and fee6 for serving processes Issued
/ other Magistrates of the County, which
appears he has been doing. \
Section 38 of what is known as the Cary>thian
ACt, makes It the duly of the Sher'
and his deputy to enforce the provisns
of (hat Act.
This duty it seems to us, he should be
llling to perform, as a partial return, at
ost, for the Eleven Hundred Dollars
tiich the County pays him, even though
were not made his special duty to do so;
it not so, as it appears that in a half
)zen cases wherein he nrrested parties
r violating the law as laid down in th&t
:t, and took them before Magistrates
mders and Stanton, respectively, who
led said parties fifty dollars, and costs,
to latter amounting to seven or eight dolrs
in each case, the Sheriff collected and
itained the costs and only the fifty dolre
fine was paid to the County.
Now we have no hesitanty in saying
iat he was not entitled to these costs, to
hlch probably he would have been, had
;ese parties been arrested and taken here
the Magistrate at tbis place.
If we are correct in thia opinion, then he
due the County, on that account, some
rty-Jive dollars which he should bo relirefi
to pay over to tho County Treasur
for the use of the County.
There seems to bo considerable comaint,
which we are disposed to regard as
?Il founded, that the most of our County
flcials absent themselves too frequently
jm their offices.
The compensation of these officers, espc
illy those who are paid by salaries inead
of by fees, has been largely increased
thin the past few^-ears, and while the
ities required of them are pretty exactand
such aa- would require a largo
rtion of their time if fully discharged,
ill we think tlmt in view of the liberal
larics paid them, the public hus a right
expect tlmt they either be in their ofes
in person the greater part fit each
>ek day, or have some competent person
ere to attend to the duties of the same.
(Signed) J. A. GILLIAM,
F. HENRY,
T. GORDON WHITE,
-
Committee.
CONCLUSION.
,'n view of the important services ronred
the County by Mr. Hill in this matr
and in consideration of the length of
:ie he was engaged in the work, we think
js justly due the sum of one hundred
d fwentyrfive dollars, and we tjiorefore
sommond that he be paid that amount.
J, A, GILLIAM,.Foreman.
INE WATCH AND CLOCK REPAIRING,
FINEST REFERENCES.
? ? ? ? y-v mni I
U LES U. 11 K.I hi, hi,'
Wuiclun?l4<'r juki Jcwfler.
ABBEVILLE, S. C.
Office and Repair Department on 2*1'
??r of new Realty Company liiiihling,
A.geut for a tine diamond, jewelry
d watch house. Let me sell you a
imond, watch or wedding silver at
lolesale prices.
ftllys Caudy always frtali at MIltoriTs
ok Store.
oak ,
'.1 I LJL,. ...J.
Master's Sale* >' .
fhe State of South Carolina*
County\pf Abbeville. >
Coiirtof Cbmrnon Pleas.
J. T. Black, as Administrator of the E9tate
of Fan Die T. Jones, deceased,
Fannie A. Black, Lillian (Jason, Kitty
Knight, Sadie Patrick, Kbetta
Jones and Bensie Jones, the two last
named by J. R. Blake, their guardian
adlitem, Plaintiffs, against Rosa
Maxwell, Janie M. Henderson, Carrie
R. Jones and Victoria T). Lee,
Defendants. ,
By authority of a Decree of Sale by
the Court of Common Pleas for Abbeville
County, in said State, made in
the above stated cane, I will offer f?r '
sale, at Public Outcry, at Abbeville C,
H., 8. C., on Salesday in Nov., A. D.
1908 within the legal hours of nalethe
following described lands, to-wit: All
that lot or parcel of land situate, lying
aud being iu Abbeville County, iu ' ' \ v
the State aforesaid, containing Three
Hundred Acres, more or lens, and
bounded by laDda of Estate of Jauue*
JJuB-se, B. A. Boyd and the Estate Of
James Ed Calhoun, deceased, and
known as the Burton traci.
Also, all that tract or parcel of land
in said State and County, containing
Three Hutidred and Fifty and ThreeFourthp
Acre*, more or lens, aud bound*
ed by lands of Estate of James Ed Calhoun,
lands of George Robinson and
lauds formerly owned by B. L. Jones,
deceased.
Als^, that other piece or parcel of
land in the town of Mt. Carmel In said
Stale uu'd County, containing Nine
and One-half Acres, more or I^hs, and
being made up of I wo parcels, one of .
hiue acres and the other of one-half of
an acre, said lots are bounded by lot of
1 the colored Methodist, Church and others.
and fronting on the Lowndeeville
road. 1
TOBMfl ni? MAT.IT f'oah Pur.
!j i J_yiv i?ikj vv kiiuu -vywau# A M*
chaser to pay for papers.
R.E.HILL, . %
Master A. C., 8. C.
1 ?
The Following is the Apportionment
of Schools Fnnds for the
_SoholastioYear 1908^09^
' ..
i '
ct 3
Name f District. ?" ?
sf * <a'.r\V- v-l
r ? - . i
5 o 50 \ *
' * JL Jh? j! /
(Corner .'. I 97 J 2?3 15 ' . Ridge
2 74 274 80
Laovrnde-ville 3 225 1'38 15
Rooky River - 4 98 221 78
i Fork 8 61 982 81
. fjexlui- , - 6 SO 192 M . '.J
Latimer 7 177 5vfl 88 < *
Moli'erey. . 8 2'5 607 88
Calhoun F?ll* 9 309 l&tO 90 ,
Mt .C?rmel 10 274 ?53 46
Wllllnaton It 2J5 8*4 57
, Hnnleaux 12 2V5 649 XI
McCrmlcfc 13 430 18/8 10 *
Buff.la i<. 14 1*1 412 43
Br 1 -view ... . 15 164 007 77
Hnuvey 16 59 154 30
Flatwiod* 17 IM 328 64 \
Beihln IK 187 485 35
1 Ftrn -19 41 <39 61
, Sharon 20 193 .620 78
1 Bethel -21 161 510 84
Abh. vllie 92 968 5193 71 ' ?
W..irenio. w. 28 150 360 00
' RftlO 24 101 425 01
Bru?Dl*e 25 97 2h0 78
Line Formi 26 HI 388 47
' AnirtVillP 27 186 446 40
Union 28 140 367 17 , '.V
Sunny s<mp-_ 29 135 325 22
Cold Npitnu 30 91 239 01
i Long C?ne 31 152 549 05 , <
Htnltbv l'e 82 221 660 39
Promise La.iu 83 104 318 18
, Central 81 1*6 448 67
, Hatan 35 74 173 95
Parks Creek .A JV> 81 258 88
. K*o?ee I ,. 37 154 8*6 91
I?ae We?t......I., 88 405 15** 28
Donald*. . .'. 80 151 800 78
. P.nevlll* 4(1 71 904 05
Vermilion 41 6" 144 61
Fondvllle 42 1(>7 303 08
Grove 43 87 237 55
B'OMdmouib 44 1?'8 282 89
' Jamison 48 75 l&J 89
R.y 46 42 100 80
Wmon* 47 5? 112 59
Young 48 83 200 04
Hal* 49 73 175 20
(Uuli a wiib Dm. No. U) 50
Orn?*K? ; 51 161 966 01 f
IndUn Hill ,. 52 128 830 23
D.ake - 53 22 68 95 " ?>
Lebanon ? 84 88 215 4#._
R. B. Choftlbara,
Co. Supt. of Elucalloa. *
;
Bine Eidge Railways Co.
F.ffeeMve Junnarv 5.1S07.
? ?\
No. 12 No. 10 No. 8
Eaetboand. Dal y Dally Dally
Ex Snn
fcJlatlODB? A.M. Y. M. A. IB.
I,v WalhaMa 8 30 6 16 12 80
L?v We?l Unlou.. 8 36 6 iO 19 40
Lv ScotCHu. 8 68 6 38 1 10
LvJnrdanla ? 8 S6 5 40 2 06
Lv AdHOiH. 9 1U 6 65 I 28
LvCaerryV.. ... 9 13 5 58 2 33
Lv Prndlelou - ? 9 25 fl 10 2 68 y
Lv AatUD - 9 38 (J 18 i 08
Lv Handy apringt- 9 88 6 21 3 18
Lv D^OVCr ...... 9 41 6 28 o 4o
Lv West AademiiQ 9 55 6 40 8 43
Lv Ander?oo (Paw. d?i). 10 00 o 4o 8 58
Lv Anderson (Fg'. dep)... 10 0* 6 48 4 48
Ar Helton 10 30 7 Jo 5 16
WeaTboond. No. 11 No 9 No 7
SUtlous- V. M. A.M. A.M.
Lv B -lion ~ 7 80 11 15 ,
Lv Andersou (Ki?i. uepoi) 7 56 12 21 ??
Lv Anden-on (Pans. dep)' 7 59 12 24 8 10
Lv West AnUersoo 8 06 12 80 9 20
Lv Denver 8 18 19 42 8 40
Lv Sandy ?priu^ 8-O 12 47 8 50
Lv AatUD - o /o lHil ? oo
Lv Peudieiow 8W 12 57 ? 10
LvCnerrj'a J} }< J ? *?
LiV Adam* o t< a iv -
LvJurdttDln 9 05 J 2H 10 -0
Lv Henfcn 9 07 4 30 10 Ift
Lv Went Uuion 9 25 1 30 11 50
Ar Ww'hniia 9 30 1 55 11 HO
. i
W il. hIk> hi op at lit* following stations nod
take od and let oir pa>sengers?Fbinnty's,
James, Tosaway, Wploh.
J. R. Anderson, Puperlntendenv
ubaiJestOD ana Western Carolina Hy
Schedule In tffect May 31,1908.
Pally Pally EMly
Lv Ansnata 10.10 >m 4 40pm 6.3uara
Ar Mi Cormick- 11.56am 6.60pm 8.13am
Lv McCormlcn 8.16am
Lv Calhoun Falih... 9 2lMm
Ar Anderson- ll.Qoam
Lv McCorolcK 11.56am 6 50piu
ArGrMDWOod ...... i2 57pm 7 55pm
Ar Waurloo 1.28pm
Ar Lauren* 2 00pm
Ex. Sod.
Lv Laurens 2.85pm 8.10?m
Ar Fountain luu... 8.17pm 928am
Ar Greenville 4.00pm 10.20-tm
I Lv L?urbus 2.32pm
I Ar Woodrutl 8 18pm
Ar Spwrmiibiirtf 4 Uipm
Lv cpwrinutiarg S.tXJpm (So. Ky.)
Ar Hendersonvllie t.4Spm
j Ar AHbevUle _8 flUpm
I L.v Asheville 7 10am (So. Ry.)
Lv Henderbouvtile 8.20am
LvHpartanbaig 1220pm (C. 4 W C. Ej)
Lv Woodrutl 113pm
Ar Lauren* 2.03pm
Lv Greenville 12.20pin iJBOpni Ex.auu.
Lv Fountain lun... 1.03nm 5.25pm
Ar Lauren* 1.43pm fl.25pm
Lv Luureu* 8.12pm (C. N.AL.)
Ar Clinton 2.32pm
Ar Newberry 3 20i>m
Ar Columbia 4 50pm
Ar rhorleatoii 9.52pm
Lv Laurt-UH 2 82pm (' & W.C)
Lv Greenwood 3 32pm 6.05am
Lv Anderson ii Oopra i
Lv Calhoun Fails... M6pai
Ar McCcrtnlcb 4 83pm 7.52-m 5.45pm
Ar McCormlck 4.:'8pm 7 5'2am Vxipm
J,v Anvn^tn 6 I5nm 9.a.Vm 7SSpm
Tr-weekly 1'iince Car Hue hpiwvpn Augiutu
hih) A'licvlile. Trains Is"or. 1 and '?
leave Augusta Tuesdays, Tburi-dajs and Pat- 1
urdHys. Leave Ashevllle Mondays, Wednesdays
and Friday*.
Note?The above arrivals and departures,as
well as connections with other companies, are
given an Information, and are not guaranteed.
Ernest Williams, O. P. Agt. Augusta, Ua.
H. A. Brand, Traffic Manager.
I
I