Historical Newspapers of South Carolina

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CHIEF J JUSTICE GARY ORATOI Iff DEDICA1 At the dedication of the ne?v -3=tsnrt house at York yesterday, Chief J3sixSrice Gary made the following -aMmv: 3tr. Chairman, Ladies and Gentlemen :? ^Before proceeding to deliver the message Which we have brought you <d9~Ozy, we bespeak your permission -flcalie a few preliminary remarks. fv,0 On pAn of Sheba visited KzEg Solomon she said, after listen"xzg? Jto his words of wisdom and seegert the magnificent Temple which . fee iad . just erected: "Behold, the was not told to me;" and, .-such is our condition to-day as we -be&BLld the new and beautiful Temple xebirh the people of York county feiw wisely erected. When the kindly and most highly ^gpjBTtciated invitation to address '.ycaa on this occasion, was accepted, are were uncertain what should be subject. It occurred to us ?ka? we might devote a considerable of our allotted time in disthe battle of King's Mounfcaaji, which, in its results, was one the great battles of the world; shut we found that there was nothing to be added to the historical infocniation, which had been given hcf cTeat writers and eloquent ora lairs on several occasions, devoted -iat ?hat subject. It then occurred to us, that it iwsdd be well to give a sketch of fete members of your Bar, which has fctesrs famous from its earliest histjuy, but we remembered, at once, fckat we had been forestalled by an <f?minent jurist, who now adorns the .SSqpreme Court of South Carolina, ' xzr* fiB adding new laurels to those wiudn >he had won, as an able and ^ conscientious Circuit Judge. , When the distinguished oratoi -Yrtan Virginia, Hon. John W. Daniel, *5affivered the Centennial address at SSbsg's Mountain, on the 7th of *0exober, 1680, he commenced his . -oration with these words: Countrymen: Upon this . one hundred years ago, this was a great battle of the people. fought by the people alone. Dhere was not a bayonet, not a <?rajsnon. There was no martial isuzsic. There was no gilded ban.oer. There was no chaplain. "THbere was no ambulance or wagon. "Uiere was no general officer. There not a single regular soldier in Idb* Army of^ Victory. There were ?? -here, and they did a deed for w&ch all mankind should be grateBsL, and which the ages will rememfiacc. Before the battle mothers, semis, and sisters lingered by the -3B&ES of sons, husbands and brothers, assisting in the last detail of slen ?5er jjreparation, in giving the fare^9a?i Jdss that would grow in the ?rexia??, and send electric thrills sLtng tbeir arms on the day of batr tic."" There were men then, and we full need those who are men, in saving the great social, economic .73ad political problems that are now us. Ligr ais pray that: "God give us men; a time like this demands, ."Strong minds, great hearts, true faith and ready hands; .iMen whom the lust of office can not Irill; .Men whom the spoils of office can not buy; IMpd who have honor, men who will not lie; IVIen who can stand before a demagogue, And damn his treacherous flatteries without winking; "lEall men, sun-crowned, who live above the fog, ?kn. public duty and private thinking." The words uttered in regard to ?' & ?- .mothers, wives and daughters, -x?\. Assisted in the battle of King's SZxuintaAn, cause us to digress for a jEj-ren-f-nt, to mention another brave an. w hen rreston b. crooks mtroPaired a 'bill in Congress, for the >5*n?on of one of Edgefield's patraicdiZ: daughters, who had lost her ffcasband and her three sons in the Mexican -war, he narrated the fact, -SjsKt three centuries ago, when borfeuds were common, a maiden i'iMTD on the shore of Lake Constance. had gone to seek her fortune ia 'Switzerland, and learning by accident. in the family in which she was residing, that an assault was .intended upon her native village, tinder the cover of r.ight, she took horse and swam the current of the itSine. and by her timely warning, saAvd her birth-place and her people from sack and slaughter. An equestrienne monument was erected in her h^nor, but her herof-;Tn ic fn fViic rim; rv*m am Avoforl ;i>y a memorial more touching. Each .wjght as the watchman goes his vomH. when the hour of midnight .-arrives, he calls aloud the name of -..tier wno, three hundred years be'vwe. awoke the sleeping inhabii ;aifrs, .and rescued them from dan The historian appropriately says, <that the fame and memory of ri.at ^irl, has given a tone and spirit >"i*>trii youth of that little town, Bfrhich is worth, in its defense, a - liatalion of armed men. Those who have read Ben Hur, - recall the mysterious manner in srJi'ich the three men from different gMii'rs of the world, met as if bj SVrvidence. It has its counterts-art in the manner in which the '. mattered men of the wilderness, met ; :.sr King's Mountain. It seemed as USTICE i OF THE DAY I id OF COURT HOUSE I if some masonry of the woods had I given the watch-word to the dwellers?as if the lightnings had conveyed to them the signs of distress from their brethren, and the wings of the wind had borne them an answer. | When the flag of the Confederacy ! was furled, Father Ryan in one of his beautiful poems, tells us, that . "out of the gloom future brightness , is born; as after the night comes the sunrise of morn." | Tradition tells us, that out of the i gloom which we have mentioned, future brightness was born by reason of the fact, that the men of York County, became the leaders | of a mysterious organization, which caused many of them to leave the State for the time being, in order to avoid prosecution under the . Federal Statutes, but that this organization struck terror into the | political leaders among the negroes, | and saved the State, eventually, , from negro domination. i When we behold the industrial progress of your County, and real ize the grand work which Winthrop [ College is doing throughout the . - - < -Ai-l. ?Jt ; country, 01 wiuun yuy ?"u ujuui . Carolina have just grounds to be . proud, it is evident that after the night has come the sunrise of morn. Permit me to say that it would be an injustice to speak of Winthrop College without mentioning in praise, the magnificent work of its noble President, who has done so much to keep up its high standard and usefulness. I need not say, that I refer to President D. B. Johnson. Allow me, in concluding my preliminary remarks, to congratulate the people of your County, on the 1 magnificent Temple which they have erected to Justice, and to say that ' Ae thanks of the people are due to Hon. Thomas F. McDow, who intro; duced the bill allowing the people the opportunity of voting on the isi suing of bonds, for building the new Court House; also to Senator W. H. I Stewart, and Representatives J. H. i Saye and J. E. Beamguard and 0. L. Sanders, who assisted in the passage of the bill. Nor can too much praise be given to Hon. J. S. Brice, Chairman of the Court House Com mission, and to Messrs. W. S. Wilkerson of Hickory Grove, and John G. Anderson, of Rock Hill, the other members of the Commission, for the faithful and able manner in which they have executed the trust confi-. ded to them. The subject we have selected is: The Lawyer and the People. There is no doubt, that we are: face to face with political conditions and changes, which may have i a profound effect, upon the political' future of our country. We willj enumerate some of the causes that are tending to bring about such a 1 result: First. Delay in the administration of justice, and the resort to technicalities, by which justice is frequently denied and defeated. This can be remedied by the cooperation of the Bench and Bar, on the one hand, and the Legislature on the other, in giving to the presiding Judges, full discretion as to all matters, except the substantive law, which do not affect the merits of the case. It is only necessary to adopt in the main, the English practice. in this respect. The Judges should not be required to allow the time of the Court to be consumed, in the argument of technical objections. nor should apneals be allowed from his rulings in this respect. Second. The failure of the legal profession to take a more active nart, in solving the great questions that affect every nerso" throughout our country. (We will hereinafter discuss this nnestion more fully.) Tl?ITV a flinf a l'nfnx 1 UIIU. 1 WC iav.b Ul&CiU IUC llil/CI" I ?sts exert an influence rot only in | Congress, but in every State Legislature. which is frequently disastrous to the rights of the people. The people feel that the interests exert an undue influence, esneciallv in the appointment of Federal Judges. Fourth. The fact that, to a laree pvfenf,, governmental affairs ar?> administered by the bosses of political rp * chines. +hat do not reflect the wi^es of the people. In sparsely ^OT"jlated neighborr> lrr? rk-rjf OO pV? 1 other, and it was easy to make actual -sole^tion the men they desired to ele"t to office. ^' erv mndidato w?u* known to +he voters and when elected, was well aware of the wishes and opinions of Ws constituency. Com; munities whos* elements are homo f??nenus and whng<? in+ere^ts are s>m |nie, find no difficulty in transacting 11 the affairs of government, in an in! formal and simple manner. ; But thr>ce simple davs have passed ' way. The people of the communities. from one end of the country to the other, are no longer homogene- j ' ous: their interests are varied and! [ I their manner of life complex and; ;; intricate. The voters are largely j 'jstraneers to each other. The elec-| ' i tive items on the voter's ticket, have 1 j become too numerous to be dealt i with, by the individual voter, and i J conseauently are dealt with in the : \ mass, by a new system,?the system ' of political machinery which is conP j trolled by the bosses. [ I Time will not permit us to show ; the progressive manner, in which ' this new system has injuriously af-, ! fected representative government. GARY'5 Fifth. The fact that so long as 1 the interests control . Congressianal 1 and State legislation, and influence the appointment of officials, the anticipated benefits arising from the initiative, referendum, and recall, i will be practically valueless, as the 1 interests will immediately take i steps, when the election results in < favor of the people, to render its i result nugatory and ineffectual, by other legislation. We recognize this as the most important of the enumerated causes, 1 and desire to emphasize it as strongly as possible. During the war between the States, the General who was in command of a large body of troops, noticed that a battery of the enemy which had not been located, was playing havoc with the soldiers. He commanded that the location.of the battery be immediately ascertained, but without success. He gave another order, but again the battery could not be located, though its deadly work still continued. At last he commanded that all his troops should turn their attention in that direction, and the deadly battery was located in a clump of trees, and was soon destroyed. This battery of the interests that is destroying representative government, must be silenced, even if ev eij element ui me electorate nas to be called into requisition, for that purpose; otherwise there will be a revolution, which was prevented, perhaps, for the time being, by the election qf Mr. Wilson, as President of the United States. In this connection, we wish to impress upon the voters the great importance of co-operation, which is strikingly illustrated by the following oriental legend: "There was a king who had three sons. A princess became the King's ward, and as her guardian he had the right to bestow her hand in marriage, uper. whomsoever he should chSDSe. Each of the three prince: besought their father, to give the hand of the princess to him in marriage. The king told them that he vyould bestow her hand upon that one of them, who proved himself most worthy. The ability to discover something ri w and wonderful was considered, in that country, as the highest evidence of merit. One of the princes found a magic Ti-l- 1. ? . - 'I rug wii.ii sucii power, tnat 11 a person stood upon it and wished to be elsewhere, it would instantly transport him to the desired spot. The second discovered a magic apple with a perfume, that would instantly restore to perfect health any one who was sick. The third found a : magic tube, which enabled any one who looked through it, to see a person or object wherever it might be. The third prince suggested that each look through' the tube and desire to* see the princess. Whereupon they saw her lying upon a couch, with the royal family standing around her, weeping, and real- i ized that she was dying. 1 The princes then stood on the rug 1 and were instantly at the side of thji. ! princess. The. prince of the apple | held it before. t:he dying princess, 11 and she was at once restored to ] \ health, and thereupon each de- | manded her hand, on the ground that I he had saved her life. The King then replied, "each of.J you is right. The really great and | good works of life, are done by no j one man nor one class of men, but J only by the co-operation of many; | Some other test must Ko " The moral wc wish to illustrate is, that no one man nor any one c\ac * J of men, can accomplish the desired | result; and th.it only by the co- j operation of those who love their ! country, more :han they do wealth, I can representative government be j continued, anc'. a revolution be , avoided. j I Sixth. The power of a few men ' j to accumulate in an exceedingly j short time, large sums of money \ from all parts of the country, that I may be used in such a manner, as j to affect and influence the affairs of . the government, keeps the public I mind uneasy, and the affairs of j government in a chaotic state, for, ? in reality, it is the exercise of gov- J ernmental powers, as such trusts, j are public in their nature. , ; We quote the following words of J Mr. Wilson, President of the United j States, in one of his addresses which j throw light on the subject: "One of the powers we fear is J the control of our life, through the j vast privileges of corporations, which use the wealth of masses of I men to sustain their enterprise. It j is in connection with this danger, ? fkof if ?? -1- - - i/iiow it la uciessary 10 ao some 01 our clearest and frankest thinking. It j is a fundamental mistake to speak of the privileges of these great cor- ' porations, as if they fell within the j class of private right and of private j property. Those who administer ! the affairs of great joint-stock com- I panies, are really administering the j property of communities, the property of the whole mass and miscellany of men, who have bought the stock or the bonds that sustain the enterprise. The stocks and the bonds are constantly changing hands. There is no f;xed partnership. Moreover, managers of such corporations are the trustees of moneys, which they themselves never accumulated, but which have been drawn . together out of Drivate savintrs here. I there and everywhere. j What is necessary in order to rec- j tify the whole mass of business of " this kind is that those who control I it, should entirely change their j point of view. They are trustees, ! not masters, of private property, I not only because their power is de- j rived from a multitude of men, but also because in its investments, it affects a multitude of men. It de- j termines the development or decay j of communities. It is the means of > ADDP lifting or depressing the life of the whole country. They must regard themselves as representatives of a public mind. There can be no reasonable jealousy of public regulation in such matters, because the opportunities of all men are affected. Their property is everywhere touched, their savings are everywhere absorbed, their employment is everywhere determined, by these great agencies. What we need therefore, is to come to a common view which will not bring antagonism, but accommodations. The programmes of parties must now be programmes of enlightenment and readjustment, not revolutionary but restorative. The processes of change are largely processes of thought, but unhappily they cannot k** nffoAfn/] wifViAiif honnmirxy nn. litical processes also, and that is the deep responsibility of public men. What we need, therefore, in our politics, is an instant alignment oi all men free and willing to think and to ac-; without fear upon their thought." We will state a few reasons whj the people will not get relief from direct legislation, whether by the initiative or referendum. The trouble with unorganized action lies in the fact, that it is inevitably spasmodic and intermittent. ; , The neople grow tired of direcl legislation, when the novelty has worn off. The laws do not represent the whole electorate, but that part of the voters which impelled either by public or private motives, takes an interest in the affairs of State. In one of the cantons of Switzer land, a serious attempt was made some years ago, to ameliorate the force of this objection to the refer endum, by imposing a fine upor every voter, who failed to appear al the polls. rm it i * me ponea vote increased as a re rj.lt; but the real aim of the law was not achieved, for many of the voters who c<?me to the polls, undei the spur of this compulsion, ren dered perfunctory performance, bj dropping blank ballots into the box .Ours is a government of laws.bul every one should keep always be fore him the fact, that no law is ef fective. unless there is the rifirhl kind of man behind it. In tropical America, there are many republics whose constitutions and laws arc practically identical with ours, yel some of them have throughout their governmental career, alternated between despotism and anarchy, and have failed in striking fashion ? at every point, where under like conditions, we have succeeded. The difference was not in the laws or the institutions, for they were the same. The difference was in the men who made up the community in the-men who administered the laws, and in the men who put ir power the administrators. It i; intended, with us. that the neoDlf shall be the masters, and one of the vital needs, is, that they sha-1 show 1 I When A s leave | HAR1 1 u i \ where the - - AUTO REPAIR At I I Call by | Phone 2 ? uu^DOBnoannnc natnjirarasnijizii ESS AT self mastery, as well as the power ,o master their servants, and to see that the right kind of man is behind the laws. Constitutional limitations are adopted as much for the protection )f the rights of the minority, as of the majority, and likewise to protect the people against their own action, until they have had time to give due deliberation to any suggested changes, in the organic law. The training of the lawyer makes his co-operation especially valuable, in explaining to the people the effect of suggested change?, and in providing efficient remedies for the evils that confront us. Public opinion in the United States was never better informed, never more intelligent, never more eager to make itself felt in the control of government for the betterment of the nation, and yet it was never more helpless to obtain its purpose by ordinary methods. In I order to assert its right to represen tative government, free from the control and influence of the inter' ests. it has to resort to convulsive, i agitated, almost revolutionary means ! to have its way. It knows what it wants. It wants good men in . office, sensible laws adjusted to existing conditions, conscience in affairs, and intelligence in their administration. But it is at a loss how to get these. It 4ings itself 'ithis way and that, frightens this 5 J group of politicians, hopes, protests, (demands but can not govern. ' | Men sometimes talk as if it were ' -wealth of which we Were afraid, as if we were jealous of the accumu lation of great fortunes. But such , is not the case. The people have . not the slightest jealousy of the le? gitimate accumulation of wealth. 5 Everybody knows that there are . many men of large means and large i economic power, who have gained it t not only by legitimate methods, but in a way that deserves the thanks and admiration of the communities \ they have served and developed. But , everybody knows, also, that some of ^ the men who control the wealth, and _ have built up the industry of the ~ country seek to control politics and also to dominate the life of com! mon men, in a way in which no man should be permitted to dominate. In the first place, there is the not torious operation of the bi-partisan [ political machine, which does not , lVpresent party principle of any , kind, but which is willing to enter into any combination, with whatever ! group of persons or of politicians, to t . control the offices of loralitips I I of states and of the nation itself, in ; order to maintain the power of those . who direct it. This machine is supplied yith its funds, by the men who . use it, in order to protect them| selves against legislation which they , do not desire, and in order to obtain the legislation which is necessary, for the prosecution of their unlawful purposes. The methods of our legislatures nake the operations of such machines easy and convenient. For /ery little of "our legislation is iiiiiiiiiiSii ittending the C/u your Lars with as &jaci farag y will be properly SUPPLIES of all WORK DONE PR Reasonable Pi to see us when 22. Abbevi YORK formed and effected by open debate upon the floor. Almost all of it is discussed in committee rooms, and passed without debate. Bills that the machine an dits backers do not desire, are smothered in committee; measures which they do desire are brought out and hurried through their passage. It happens again and again, that great groups of such oins are rushed through in the hurried hours, that mark the close of the legislative sessions, when everyone is withheld from vigilance by fatigue, and when it^ia possible to do secret things. When we stand in the presence of these things, and see how ' coi%* plete and sinister their operation lis been, we cry out with no little truth, that we no longer have representative government. In late years, the government has frequently been called upon to take part in quelling strikes, that sure the manifestations of a revolutionary spirit in the industrial field. President Wilson realizes that there are three parties interested in a strike? the government, the employer, and the employee, and it fas apparent that he intends, that justice shall be done between the employer and the employee, and that the rights of the public shall be protected. Any other policy would, in a short time, lead to revolution. Those who assume the control of the great indujttrial interests have a forrlhln sponsibility resting on their shouiders. Several years ago, there was a strike in England. There was in consequence a sympathetic strike in New Zealand, which was distant about 1200 miles from England. After the employees and their families were almost reduced to a state of starvation, and after inflicting great financial loss on their employers, they surrendered. There were men on both sides in that strike, who determined, if posible, to prevent a like recurrence of distress and financial loss. The victors instead of gloating over their victory, went to the employees and expressed their deep sympathy, and suggested that they agree upon a plan, that would do justice to all parties concerned. The . employees entered ?into the spirit of the suggestion. ' ?he p?u> ties agreed upon f. man for Governor, whose ability and ideas of justice to all, was above reproach or suspicion. The ablest men and those who were non-partisan, were elected as representatives. They realized that in all strikes there are three interested parties, the employer, the employee and the State. The employer has an interest in the business, on account of the profits; the employee, in order that he might make a support for himself and family, and the State, in order that the .health_jnorals, education, finances and general welfare of its citizens, migiit be protected. 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