Historical Newspapers of South Carolina

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Established 1844. THE PRESS AND BANNER ABBEVILLE, S. C. The Press an^ Banner Company Published Tri-Weekly Monday, Wednesday and Friday. Telephone No. 10. Entered as second-^'xass matter at post office in Aoheville, S. C. Tenni of Subscription: One Year $2.00 Six months $1.00 Three months .50 WEDNESDAY, DEC. 1, 1920 ANOTHER REMEDY. The News and Courier of today has an article from Mr. John J. Dargan i in which, after referring to the num ber of homicides in the state, he sug gests as a remedy the employment by the state of attorneys to represent the accused in every case, without al lowing the latter to select his . own 1 counsel. His article is as follows: "The papers are filled with ac counts of homicides, and these are mere consequences of our defective1 Judicial System. Let the South Car olina Legislature provide for the elec-, tion of Defendants' Attorneys forj every Judicial District ill the State and have tftem paid by the State, the same salaries as the Prosecuting At-j torneys, and where additional counsel is needed, have it supplied by thel Attorney-General without one, sug-j gestion as to the person to be sent as < an assistant to the District Defend- j ant's Attorney from the Defendant, ' * !1? ? T.ot Rnnth Car-' HIS l&IIllly y U1 MVV orw... olina lead in this movement, as I have been begging her to do, as you know I have, for many years. By refere ence to your issue of April 28th, 1914, you will see one of my articles, and your editorial on that article telling of the adoption of this system by the District of Los Angeles, California. The coming of this change is assured but I do wish my state to lead in so j good a movement, and have'no pri vately paid attorneys appear in her Criminal Court." The writer we doubt not has in mind the good of the state, but the suggestions are too absurd for con sideration. We know nothing of the law referred to in the article as hav-. -? .-j 1? *1? C+?*0 Pal. ' ing Deen aaopieu uy mc ??,???; v* ~? ifornia, but we do not think that any-. one Would contend that such law is: constitutional. Section 18, Article 1 ^ of the Constitution of this state pro vided that a person accused ofNcrime shall among other things be entitled to be "fully heard in his defence by himself or by his counsel or by both.". We think the constitutional Conven-j tion meant what it said when it said j "his counsel." The sixth Amendment j to the Constitution of the United j States provides that a person accused j of crime shall be heard by counsel. L The word "his" is not used, and we1 are not advised whether the section i has been construed by the courts on i this point or not, but whether it hasj or not, we venture to suggest that, a | man is not represented by counsel, except when the attorney is of his | ^own selection. Counsel as used in j these enactments can mean nothing' else than a personally selected ad viser. Inasmuch as the party accused is supposed to confide in the party selected as counsel all the facts about wnicn ne may De questioned Dy tne | latter, and inasmuch as the counsel plays so large a part in the court in making admissions and otherwise charging the client by what he says, ~We suggest that the word "counsel" must mean something more than mere "lawyer." It must of necessity mean a person learned in the law, selected by the accused as his representative because he is willing to make to! ruch counsel his confidential commu- j nications and commit to him the management of his case. Ti?e constitutions of the United! States and of South Carolina, each provides, that a party may not be. made a witness against himself. But if his counsel must be a state officer, j appointed by the state, and not se-j lected by himself, then the accused! cannot stand trial without disclosing! every fact in his knowledge to an of- j ficer of the state, and ttyus in effect | become a witness against himself. If | he declines to maka known his case to a man whom he does not trust, then he is not "freely heard." Sometimes the safeguards which; experience has shown to be necessary for the protection of persons accused of crime seem to stand in the way of the due enforcement of the law. But I ( when we grow restive under the j law's restrictions and are inclined to; complain of these restrictions, we should remember that in all ages in-J nocent persons have sometimes been accuse'd of crime, and that it has not always been an easy matter to procure for such innocent persons a i fair and impartial trial on the charg- j es against them. This has made it; necessary to incorporate into the con- j stitution provisions which forbid the j enactment of laws which men in cer- j tain emergencies advocate for the settlement of grievances real or imag-' ined, which measures after all look to the punishment of crime not by the law as written but in spite of the law as written. What we think we need in this | country is a return to constitutional I government and a proper respect for, (-Wo mnc+i+iitorl mit.hnritifls The ma-1 chinery provided by the makers of the constituttion may not fit all cases, but the experience of ths ages proves that these measures are necessary for the protection of the rights and liberties of the people, against the reformer no less than against those who would punish in soite of the law. We cannot get anywhere by taking short cuts in the law .There are reme dies which may be applied to secure the speedy enforcement of the. law against crime, but doing away with constitutional rights, purchased so dearly, is not one of them. TUBERCULOSIS DEATH RATE APPALLING Columbia, Nov. 80.?Philip E. Warner, executive secretary of the South Carolina Tuberculosis Asso ciation, today issued a statement giving . the number of deaths in South Carolina last year from tu berculosis counties and also the number of cases in the state now by counties. Mr. Warner in his state ment stressed the necessity of the people of the state enabling the as sociation to continue its flight against the great white plague. The statement issued by Mr. War ner follows in full: "In preparing the following list of cases and deaths in South Carolina much care has been taken, and as far as we know we are giving to you an accurate account of the tubercu losis situation in our ' state. There are a few counties which to the eye as you read this (if you read it you do; will show up fine. That is thfrrt will not be many cases shown. Do; not be deceived by this for it is lack of education, and after a complete survey has been made we will have some interesting facts to give out. "Nobody likes to be told that there is tuberculosis in their county much less in their town; but if we would face the facts and not be ; afraid to acknowledge the truth of a vital sit uation we would soon be able to control the tuberculosis loss in South Carolina. We do not mean to blame any one but ourselves for the lack of education. It is our fault OPERi The R< t . <5 25?= Bobbie Broill Manuel Ying Prices:? that we have not been aible to cover more ground, it our fault that we have not made more extensive sur veys, in fact many things are our fault. But we must say this in our behalf when we have had the money we have done the work. Where we have had proper cooperation we have started the control and segre gation of the disease. Where we have been allowed we have placed our Crusade for the children in the schools, and laid the foundation for better health for the future .genera tion. It is an old and true saying: "You can't teach an old dog ' new' tricks." Therefore, we hope to reach the children and give them at least the' advantage of our .know-! ledge and advice. It will then be up to the parents and teachers to do ! the rest. If we were allowed to go 1 into.ihe individual homes I believe we could convince the parents of the nrfssible cure and prevention of tub erculosis. I know we could convince them of the danger, if proper meth ods are not pursued and likewise the impossibility of tuberculosis continuing in the state as a menace if they will seek the advice of a doc tor, a public health nurse or this as sociation. Public Health Nurcet Needed "The great need in South Caro lina a public health nurse in every county. Will you not rfealize that the reason we are so backward in our schools is that so many of your j children are not getting the proper medical attention. We can help j along these lines if we count on your support of the Tuberculosis Christ mas Seal Sale, and surely it is your wish to make South Carolina the leading state in the Union, much. less the South. There are too many people with the true old South Caro lina tradition to let us stay at the bottom of the list as we are now. So let's forget 'hard times, or better you let's give up some momentary pleas ure and think of your children who | will some day rule as we now rule.' Let's clean house and make and j j protect their lives. "The South Carolina Tuberculosis ' Association belongs to you 95 per cent of the money raised in the seal sale will be spent in South Carolina and the majority spent in the coun ties and by the counties in which it is raised for better health and more effective sanitation. "I beg of you to think of the fu ture and if you do not care for your self think of the thousands of chil dren that are depending upon you j and. this association for protection ( The $50,000 that we are asking for (will carry health and protection to every county and town in the State. "There are wonderful examples of your generosity toward the fight against tuberculosis throughout the state now. For instance: That of the Richland County Camp in Columbia, seel sale money helped in this work;, the State Bark Sanitarium is sup- j ported by the state under the State j Board of Health; the Negro Camp j at the State Park, Just completed, ^ HOU< oyal See HEILAND LAD ier, Famous Scotch T ling, Trombone Soloij Children 55c started by the tireless worker Mrs. Annie I Rembert, to which the ne groes of South Carolina contributed $10,000. That alone is a testimonial to them, for they want better health and they will get it. You should see' the enthusiasm of these people as I have seen it when I go to churches to talk Health; truly it is uplifting. "Let your mind wander up to Cherokee County where a noble wo man Mrs. G. G. Byars helped by a nurse and Dr. Walter Boone of the County Health Unit under Dr. Riser made a survey of that county, and saw the need of a sanitarium and straightway went to work raising the funds to build it. They have bought the ground and are starting to -build now. "Take Hopewell Santiarium at! Greenville doing excellent work un der the supervision of Mrs. M. P. | Gridley or go up to Sumter and look j over Camp Alice. Mr. H. J. Harby of j Sumter started that, and by reason of education it is now full, and has a1 I waiting list. Take the little camp at( Aiken for young men; this is sup-j ported by a northern woman. Why? Do we not think enough of our peo ple to protect them? "Do you know there are. about 158 beds in South Carolina for tub erculosis patients? We ask for sup port and we do not think that the $50,000 we are asking for is a large amount 'considering that it will help decrease the economic loss which is $1,000,000 annually from the tuber culosis. We have no other means of support other than your purchase of Tuberculosis Christmas Seals and Health onds, and we are a very opti mistic. crowd, apd we believe that you will lend that support this year as never before. Deaths From T. B. "Below is the list of cases and deaths by counties in South Caro lina lo<:+ vpar1 Abbeville County, deaths 15, cases 151; Marion County, deaths 18, cases 180; Aiken County, deaths 29, cases 290; Marlboro County, deaths, 36, cases 362; Anderson County, deaths 50, cases 550; Newberry County deaths 37, cases 370; Bam berg County deaths 13, cases 130; Oconee County deaths 15, cases 150; Bafnwell County, deaths 13, cases 129; Orangeburg County deaths 14, cases 145; Pickens deaths 9, dases 95; Richland county, deaths 111, cases ),100; Calhoun County, deaths 14, cases 140; Saluda County, deaths 6, cases 65; Charleston) Coun ty, deaths 200, cases 2000; Spartan burg County deaths 179, cases 1790; Cherokee County, deaths 24, cases 290; Sumter County deaths 49, cases 491; Chester County deaths 20, cases 200; Union County deaths 21, cases 210; Chesterfield County deaths 19, cases 190; Williamsburg County deaths'29, cases 290; Clar endon County, deaths 23, cases 236; York County deaths 59, cases 600 ;| Colleton County deaths 7, cases 75; McCoiJmick County deaths 12, cases 120; Darlington County deaths 35, cases 355, Allendale County deaths >E FRIDAY ] >tch His DIES IN NAT! enor * Jimmie How >t Turner Near Adults $ 20, cases 200; Dillon County deaths 5, cases 50; Dorchester County deaths 15, cases 151; Edgefield County deaths 16, cases 160; Fair field County deaths 20, cases 200; Florence County deaths 40, cases 410; Georgetown County deaths 30, cases 300; Greenville County deaths 112, cases 1205; Greenwood County deaths 25, cases 250; Hampton County deaths 18, cases 181; Horry County deaths 7, cases 70; Jasper County deaths 2, cases 25; Kershaw County deaths 26, cases 220; Lan caster County deaths 31, cases 310; Laurens County deaths 38, cases 381; Lee County deaths 24, cases 240; Lexington County deaths 13, cases 130. READ THE ADVERTISEMENTS lawi We have a fine ?el? menti for Young 1 stay young that ar to need introductu ground floor hi!e 1 complete. $10.00 Overcoats, $13.00 Overcoats, ' $25.00 Overcoats, D. POLI ABBEVIL A I [blander VE COSTUME rard, the Wizard of tl ing, Cornet Soloist, a: I PROMINENT METHODISTS MEETING IN MEMPHIS Memphis, Nov. 30.?The education al commission of the Methodist Epis copal church, south, met here today with members of the College of Bish ops and leaders of educational and mission work to map out a plan of co-operation to promote the campaign for religious education to be under taken by the church. Representatives of the Sunday school Epworth League, the board of missions and womans' missionary. council in addition to members of the College of Bishops and educational secretaries representing all of the church conferences attended the meeting which will be in session two days. .a r K iction of these gar Men and Men who e too well known in. Get in on the the assortment is now $6.50 now $13.50 now $19.00 AKOFF .LE, S. C. BER 3 o i s Dana le Xylophone nd Others t \io Reserved Seats