The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, September 14, 1892, Image 2
(The ^eungtou fjispaifi?.
0 M. HARMAN. .... Editor.
WEDNESDAY. SEPTEMBER 14 1892.
Oil STANDARD BEARERS.
FOR PRESIDENT:
GROVER CLEVELAND,
of New York.
FOR VICE PRESIDENT:
ADLAI STEVENSON,
of Illinois.
n J
decona fiimat j
Up to the time of going to press
unofficial results of the second pri-'
mary have reached us from fourteen
of the twenty one preciencts in the
county, and below we give the totals
for the candidates for the various
offices from the fourteen precincts:
SOLICITOR.
XT/il OAT> 954
V AOUU
Brooker 769
SENATE.
Efird 85S
Davis SS5
REPRESENTATIVES.
Bast 1041
Bookman 714
Eargle 684
Knotts 996
CLERK OF COURT.
HaltivraEger 721
Spann 1013
SHERIFF.
Leaphart 764
Drafts 978
SCHOOL COMMISSIONER.
"Wingard 794
Kyzer 937
COUNTY COMMISSIONERS.
Lucas 756
Laagford 986
Caughman 918
Sawyer 597
QC)Q
UUlibU ~
Gantt 9S0
The following precincts have not
yet been heard from: Spring Hill,
Peak, Halls, "Wessingers, Piney
Woods, Sandy Run and Pine Ridge.
The Third Party.
The Dispatch does not take any
stock in the hue and cry about
the third party in this State which is
being made by certain newspapers.
The white people of this State are
by birth, education and training
Democrats. They recognize the fact
that the perpetuation of white supremacy,
the safety of existing institutions
and the peace and prosperity
- ^ ? 11 *i *1 __ n.
oX tne Slate an aepena upon tne success
of the Democratic party, and,
^ understanding this, it is not within
the range ~~oi prWf&bi!ity''"tliat QTey
will jeopardize their own interests
and endanger the State by yielding
to the gilded promises and false
hopes of Weaver and Fields.
It is beyond question, however,
that the farmers and working classes
of this country are in a state of unrest:
that they are suffering from unjust
and discriminating laws which
enables the rich to become richer and
Tnftlrp? thp -noor noorer. and to cor
rect these evils and bring about a
revolution in the financial policy of
the government as will equalize the
laws and prevent the formation of
trusts and monopolies by rich corpot
? rations, prohibit the dealing in futures
in agricultural products and
forbidding the maintainance of a
standing army by private individuals,
the existence of which is a menance
to the life and liberty of the citizen.
It is also true that the farmers and
workingmen have formulated certain
demands which they conceive to be
for their best interest and which, if
made laws, would relieve labor of the
burdens under which it is bound and
shackled by the mailed hand of rich
corporations. It was for these de? *
jT -l.i. ?
manas tney maae me ngui m ims
State and victory was the result The
Sight will be continued until their
demands are accepted, or something
better is suggested for the relief of
toiling sons of labor. This light,
in the Southern States at least, was
jcommenced in the Democratic party,
there it will be continued, and when
victory is won, if won at all, it will
be by and through the Democratic
party with the ballots of the farmers
and workingine?), and all efforts to
read and write them out of the party
by designing politicians for political
purposes, will be fruitless,
The Connecticut Democrats in
convention assembled, has gone
square back oil one of the most
important demands of the Alliance,
by the adoption of the following
financial plank: "We demand a safe
currency, redeemable in goid, ilie
standard money of the world, and
protest against the issue of bank
bills for circulation unless they are
safely secured as are national bank
bills."'
At the meeting of the Labor Coilgress
in Toronto, Canada, Saturday
" " 1 2 1
the following resolution was passeu:
"That this Congress is in favor of the
Canadian Parliament taking means
So secure the establishment and
A-ecognition of the independance of
Canada."
The Democrats reduced the Republican
majority in the State of Maine
?<>t several thousands tn Jhe recent
Stale election.
Support the Nominees.
The great battle of ballots has i
been fought and such a decided and
emphatic victory won for the people's
cause as will probably decide the result
of future primaries in thisJState
for years to come.
There can now be no question that
iecupc involved in the late cam
paign were the most momentous ever (
confronting the people of this State.
Important a factor as Governor Tillman
was in the fight, he sank into
comparatively insignificance when
compared with the deeper and
grander factor?the right of the people
to choose their own officers. The
, Conservatives themselves, whether
intentionally or unintentionally it
matters not, made the issue when
vr*-> ore' off ATTN
l ilC V ttUUpLCU. xc*x mvi o v* \s*- *-*-*
of 1890, but questioned the judgment
of the people in their selection
of officers. But ''all's veil that ends
well," and while rejoicing in such a
grand and glorious victory, we should
treat our late opponents in the late
contest with the utmost respect and
consideration. Let it be the purpose
of all to bend their energies to heal
the breach between the two factions
of the Democratic party, and to
bind up the wounds and wipe out
the bitterness and ill feelings enI
l'n 4-Viq lota />qvr>TvQirrn ur>
^CUUCiCU XXX vxxxx xx*i^
that the Democracy of South Carolina
can present a solid front to its
old enemy, the Republican party,
which is beginning to lift its hydra
head from the dust where it was
placed by the resolution of 1876.
The Conservatives are pledged to
the support of the nominees of the
primary, and the probability is that
they will do so, but as yet there has
not been a line or public utterance
from their leaders since the result of
the primary has been declared to indicate
the line of policy they will
persue; perhaps they are waiting until
after the meeting of the State
? - ? it- - ft-i -i. it; at.
uonvenuon on ine 01 tm?iuuxitu
to declare their allegiance to the nominees
of the Democratic party.
Be this as it may, the time has
come for the Democrats of this State
to stand shoulder to shoulder in the
battle before us. Tillman's election
is assured, but the credit of the
State must be protected, and this can
be accomplished 111 a great measure
by showing to the world that the
white people are re united and are as
uuit in their determination to build
up and devolp the resources of the
State.
7]>$ Cholera Scare.
For some months that dreaded
scourge, cholera, has been raging in
Asiastic countries, and passing thence
-Jq^the famine stricken district of
Russia, at last reached most of the
continental countries of Europe,
Great Britian only remaining as yet
free from it. Its great centre in
Europe has been for some time the
great commercial port of Hamburg,
from which many emigrants start for
this country. In the last ten days
several of the regular passenger vessels
of the great trans Atlantic
lines, with large numbers of emigrants
in steerage have arrived at
New York and|have, under a proclamation
of President Harrison and under
direction of the Health department
" n o*/ i f -*. "tr _ _.i_ i j _
oi tne siaie 01 i>ew xora., oeeu uetaiued
in quarantine in the lower bay
of New York harbor. Quite a number
of deaths from cholera have occurred
011 these vessels, during their
trips across the ocean and since their
arrival at New York- The vessels,
passengers and baggage are ali beiDg j
disinfected; and the sick removed to j
hospitals in isolated places.
I The principal topic of discussion
j in the newpapers during the past ten
| days has been the march of the
scourge, and great fear has been ex- j
pressed for the safety of the people \
in this country. It is refreshing, howi
i i.l. T. -L L I
ever, 10 nonce witu wuai promptness |
measures have been taken for the !
j protection of the people of this
country. Under the President's proclamation
the proper authorities in all
the seaports have taken the matter of
quarantine in hand and effective
measures to prevent the entry of \
cholera are being observed. Even j
some of the interior cities are street
j and sewer cleaning and disinfecting,
j so as ho keep the danger at a mini;
mum.
*' *< "n**1.r * ? 1
The opening of the fctate Fair
should be posponed until after the !
election. There are several reasons
why this should be done, but they
i nw cr. nlntn that it is unnecessary
I to mention thorn here.
The prospects for the election of
Cleveland and Stevenson, the Demo- j
cratic nominees for President and
\ Vice President of the United States,
j gro*? brighter each day.
The results oi tiie second primary
j in the Second Congressional District,
J as far as heard from, indicate that
< Talbert, Alliance candidate, has been 1
< nominated by a safe majority.
gge-BLACK-DRAUGHT tea. .cures Constipation.
Female Weakness Positive Cute,
To TEditor:?Please inform I
| your readers that I have a positive j
| remedy for the thousand and one ills
{ which arise from deranged female
* organs. I shall be glad to send facto I
I bottles of my remedy free to any lady I
j if they will seu.4 their Express and j
i P. 0. address, Yours respectfully,
! l)r. A. C. Marcjuisi. IItica. N. Y.
j 10. I
HMX 10UR STOCK.
JUDGE KERSHAW'S DECISION ON
TEE STOCK LAW CONFIRMED
BY TEE SUPREME COURT.
As a Large Number of Our citizens
are Literested in tbe Stock Law
w n "Pnlxltcli T\n/?ioiAii
OlUV/it) ? T v> J. u?/aou l iiV .1vtUlOiUll
of the Supreme Court in Full,
Which Finally Settles the Matter
in Favor of Fencing Stock and
Not Crops.
The Legislature, by sundry Acts
passed in 1886. 1887 and 1889, undertook
to establish a section of Lexington
county as exempt from the
operations of what is commonly
known as the Stock law. They provided
for the construction of a fence
and authorized the same to go into
effect whenever the fence was comI
i?J ~?i i : T
pieteu, alter juavxu^ uceu suummeu
to a vote of the property holders residing
within the section effected by
such legislation. The County Commissioners,
named herein as defen!
dants, have caused the election to be
held as required by the act of 1889,
and have decided that election terminated
in favor of exempting the
said section from the operation of
the stock law, and the establishment
of what is termed in said Act as the
Big Pasture. They are now about
to put the same into operation.
The plaintiff, on behalf of the estate
which he represents situated
within said section, owning about six
thousand acres of land, now in plaintiff
s possession, has commenced this
action seeking to enjoin the further
proceedings of the defendants to establish
said pasture; and this motion
for a restraining order to enjoin such
! proceedings until the cause may be
' heard and determined. There are
| several grounds upon which they ask
the injuction, the gravest of which is,
; that the object of the Acts, and what
the defendants to do, is to establish
a public pasture in and upon the
lands of the freeholders re!
/V TT?Ubll1 A lM?A?\AOArl
D1U1JLI?? >> JL I'll ill 11HJ
boundaries without any just
compensation therefor,
j An examination of the Acts does
i show that there are no provisions
contained therein for the compensation
of tjiu proprietors for the establishment
of said pasture on their
lands. These Acts are, therefore, in
this respect fairly repugnant to the
provisions of our State Constitution,
which expressly limits the rights of
eminent domain by the provision,
that in all cases of its exercise in derogation
of the property rights of the
citizen, a just compensation shall be
fiiwp'made to the
, They are also in violation of Article
V of the Constitution of the United
States, which contain a similar lim
itation. As e&rly as the case of Bowman
vs. Middle! on, it hajs been held
in this State that such Acts are void,
because .contrary to natural right
and the fundamental principle of our
government. "Without going so far
as to follow the principles laid down
in this case, and many others which
might be cited, it is sufficient to say
that the Acts in question are repug
nant to the express provisions of the
Constitutions State and Federal.
It is, therefore, ordered and adiudered.
that the defendants, their
agents and servants, are hereby en
joined and forbidden to proceed in
any manner in the establishment of
said pasture until the further order
of this court.
J. B. Kershaw, Judge.
January 23th, 1801.
opinion m'gowan, a. j.
The general stock-law prohibited
all owners of stock from allowing
| them fo rpain at large, out-side of
their own land, on pain of being liable
to pay dajnages to persons upon
[ whose lands the roaming stock may
trespass. From the passage of that
Act down to the present time, successive
efforts have been made to exempt
from the operation of that law,
a large portion of Lexington county,
described rather vaguely, but in all
said to contain about 150 square
miles, and known ae the ''Big Pasture."
There have been so many acts and
amendments on the subject, that, in
order to prevent confusion, it will be
necessary, in the first place, to ascertain
clearly how the matter of legislation
now stands. The Act of 1887,
purports to be only an amendment,
but as it repeals all former acts inconsistent
with it, we will not attempt
to go behind it. That Act
(1S87) 19 Statutes page 1057, proi
vides follows; "That all that por
tion of Lexington county know as
the "Big Pasture'5?embracing portions
of certain townships (naming
them) as is now fenced off in a com
mon pasture, be and the same is
hereby exempt from the operation of
| the provisions of Chapter XXVII of
the Genera* Statues, relating to the
Stock law, so lor.g ag the fences
around said section are kept jn g^c.d
and substantial condition, sufficient
i ?o hinder the escape of stock therefrom"*'
Section 3. exemoite wiother por
tioii of Lexington, but it was iepeajx-J
by the Act of 1880, to which we will
xeie* ^e^eafter. '.'Section 4. That it
shall be the duty of the County Com
inissianers of Lexington county to
keep said fences around all the ex
empted portions as oresaid, in gen- j I
eral repair: and to ts end, they are u
hereby authorized fd required, from f
time to time, at theime of making t
their tax levy, to ea^e to bo levied
upon all cattle, hog sheep and goats v
within the above esnpted portions, t
a sufficient tax f< repairing said
fences which tax sin be collected m
the same maimer nd at tho same
time that State ;i<l County taxes
are collected: Prcided that for the
building, re-buildig and repairing
said fences, the rint of way and alj
necessary timber sail be obtained in
the same manner s is now obtained
by railroad complies duly chartered
&c., and providetfurther that nothing
contained in his Act shall be so
construed as to rake the county of
Lexington liabk for damages" &c.
i ?
Act of 18S9 (20 ftatutes 528) section
3, provides: "Tht all that portion
of said county ljng within the following
boundaries (describing them)
containing and a)out 75 square miles
be and the sameis hereby exempted
&c., &c. P.ovided that the
residents qf the portion
named as aforeaid, shall build a
fence along the ines described, exempted
as aoresaid, sufficiently
strong and closeto protect the land
out-side of said ;asture from the incursion
of all stock and animals
i named in the reneral Stock law.
i 1
Provided furthe: that said change '
shall not go into operation or be ef- 1
fectual until the ollowing conditions <
be complied with That is to say,
until the questbn of said change
shall be determined by a vote of the i
freeholders liviig within the lines i
aforesaid, at an election to be
held for that purpose; and further
that said charge shall only take place
after said elec;icn, and when it shall
be ascertained by the same, that two
thirds of the free-holders living within
the boundaries of the proposed
additional territory, to be exempted
as aforesaid shall have voted there
I lor ? ? ~ said election snail ue
I conducted after the maimer of general
elections within this State: re
turn to be made to the Comity Commissioners,
who shall appoint the
managers to conduct the said election.
Upon the baibts to be used sball be
written tbe words "Fence1'" or "No
Fence:" and if it shall appear upon
counting the fame, that two thirds
majority of the said ballots are for
' 'Fence'1 then the provisions of this
amendment shall be effected and go
into operation" &a,
Those are the acts, which we are
to consider. It will be observed that
none of these provisions make any
reference to an election by the freeholders
of the section to be exempted
excej>t the Act of 1889 (section 3.)
* The puasp'r?? ofkbat iy>t t^>
exempt any portion of the "Big Pasi?>?
1...L
ture propef, UUU Ui iii.ixunuuua vcnitory"?indicating
out-side boundary
line, and supposed to contain about
45 square milfs. We rather incline
to think it v/as tlje intention pf this
Act, to limit the provision as to an
election, to the territory therein considered.
The words are "when two
thirds of the free-holders living within
the boundaries of the proposed
additional territory to be exempted
as aforesaid, shall have voted therefor'
&c. But it seems that the
County Commissioners of Lexington
construed the provision (1889) as applying
to all portions of t|ie cpunty
exempted previous to the passage of
that Act?including the uBig Pasfi-ivn''
An plprtinn \cas or- I
IUXV MJLVMVA*
dered, which should have been conducted
after the manner of general
elections in the State: which however,
seems to have been conducted
very irregularly; but the managers
having returned that 55 votes were
cast?44 for "Fence"' and 11 for "No
Fence," the Commissioners were
about to commence proceedings for
the right of way and tember under
the Act of 1887, unless restrained
from so dqiiig.
It appears that one of the lines of
the "Big Pasture," must run through
and divide into two parcels a large
tract of land (G,000 acres) lately belonging
to William Fort, deceased,
and now in the care of James C. Fort,
j the plaintiff, who instituted this pro!
oo^n'rirr Qppkmtr to enioin the further
~ "?o ? ? 7
proceedings of the defendants to establish
said pasture, upon Various
grounds which are all stated in the
complaint: and among other, especially
that the acts of the Legislature
relied upon to authorize the proceedings,
are unconstitutional and viod
Mrst because the manifest purpose
of these acts is to oreato and
establish a public pasture
for private individuals to
pasture their stock and cattle upon:
and that payment for the right of
way to run the fence of the proposed
J
boundaryj would be no compensation
for the use of his lands and pre
raises mentioned and described in the
complaint: and there would be no
way by which the land owners could
recover damages for the use and occupation
of same by stock and cattle:
j that is to say that land owners could
iXot recover damages out of persons
pasturing their stpr;jf and cattle upon
said lands and premises; and thatttm
land owners residing within the proposed
boundaries aforesaid, would be
j r.f llin fvr>r> iiqp nnel rw^nmm.
; wji iuv v w v v^ ^^
J tiou <;I their Jands anil premises,
j There was no verba* testimony,
! but documentary evidence and some
! affidavits were offered: only one of
' which need be stated. It is that of
j. S. Hooker, who was one of the
uanagcrs of the election before reerred
to, (and it should appear in
he report of the case.)
The following statement of facts
vere agreed upon and submitted to
ho Circuit Judge at the trial.
"First. That the Act of 18SG, bene
the original Act creating an exO
O iJ
smption from the general stock law
>f Chapter XXVII General Statutes
)f South Carolina, in connection with
lection 3 of the amendatory act of
L887, affecting certain portions of
Lexington county has never been
carried out; in that the residents
vithin the exempted portions have
lever built the fence as required of
hem under said Act of 1887?they
laving built portions thereof, but in
several instances, failing to connect
said portions built and the spaces so
eft open, varying in lengths.
Second. That this fence never
laving been completed so as to prerent
the escape of stock from the intended
exemption, the County Commissioners
considered that the law
lad not been complied with by the
people, and that they had no juris
.liction in the premises, and that thev
bad no right to levy the tax and
make the repairs as required of them
under section 4 of the Act of 1887:
ind that the County Commissioners
have in no wise taken jurisdiction
under either of the acts in relation
to said exemption, except in that thc-j
ordered the election under the Act oi
1889.
''It is further agreed that any con
stitutional question raised by eithei
sHe should be fully heard, even iJ
not raised in the pleadings."
This was agreed to by the defeu
dants with the qualification that S(
far as known the "fence" was nol
completed in one small space.
The cause was heard by his Honoi
Jugde Kershaw; who held as follows
"The plaintiff, on behalf of the estat<
he represents, situated within saic
section (proposed to be exempt fron
the operation of the stock law) own
ing about six thousand acres of land
uow in plaintiff*s possession, ha:
commenced this action to enjoin th<
further proceedings of the defendant
to establish said pasture. There ar
several grounds upon which the;
ask the injunction, the gravest o
which is, that the object of the Acts
and what the defendants propose t
do, is to establish a public pasture i]
and upon the lands of the free-hold
ers residing within the propose*
boundaries without any just compel]
sation therefor. An examination o
the Acts does show, that there ar
no provisions contained therein fo
the compensation of the proprietor
for the establishment of said pastur
?on .their lipids.. These Actstare there
fore, in this respect fairly rejWgnan
to the proyisipps pf our State Consti
tution, which expressly limits th
rights of eminent domain by the pre
vision, timt |n all cases of its exercis
in derogation of the property right
of the citizen?a just compensatio
shall be first made to the owner"
* * and therefore he adjudge
and ordered that the defendants
their agents and servants, are hereb
enjoined and forbidden to procee
in any manner in the establishmer
of said pasture until the furth*
order of this Court.1"'
From this decree the defendant
appeal to this Court, upon the fo
lowing exceptions;?
"First. Because it is respect;ull
submitted, that his Honor erred i
not holding that the Acts of 188<
1887 and 1880, referred to thereii
did make ample provision and reux
dies for the payment to plaintiff c
any damage or loss he might sustai
by reason of the "Big Pasture fence,
being located on tlio lands in hi
possession.
"Second. Because it is respectfull
submitted that his Honor erred i
holding that the said Acts are repuj
nant to the express provisions of th
constitution, both State and Federal.
The constitutional principles ir
volved in this case are important t
every citizen, and therefore the coui
was not surprised, when the discus
sion here took a very wide rang<
and the counsel agreed that teclin:
calities should not stand in the wa
of a full hearing. But from the viei
we take, it will not be necessary t
follow the interesting argumen
through all the points made, or eve:
to go beyond the grounds upo:
which the Circuit Judge placed hi
decision. As we understand i
private property is held as sacrei
under our constitution, which re
quires that all laws must be made h
bear equally on all citizens?at leas
upon all of the same class within th
same locality. "Those who make th
iaws are to govern by promulgate!
established laws, not to bo varied i
particular cases; but to have one rul
for rich and poor, for the favorite a
court, and the countryman at plow.
Utsey vs. Hiott, 80 S. C. 3G7.
The only qualification to thi
inducible is, that every one holds hi
i. X ' v
property subject to tbe light of emi
neut domain in the State, which i
well described as follows: ' Eminen
domain is that sovereign pqwe
vested in the people, by which' the;
can, for any public purpose, tab
possession of the property of any in
dividual, upon just eompensatioi
paid to him * *
Although it is a sovereign povye:
vested in a State, it cannot be exer
eised unconditionally. It can onb
I
i be exercised when the property is i
| taken for a public use, and when the '
; property condemned is necessary to
j enable the public use to be carried
into effect. It is also a condition,
i
! wncf l\n mo.1t.
mat, Unuru.c1wuu
the owner. It is generally held that
payment of the compensation or pro
vision made therefor is a condition
precident to the right to enter upon
and take possession of the property
taken." (See 7 Amer. & Engl. Encyclopoedia
of Law, and numerous
cases in the notes.)
The Acts in question propose, j
through the exercise of the right of j
eminent domain, to make a public
pasture on the lands of the plaintiff
and other free-holdeis, living within
tne proposed enclosure, and m order
to accomplish that purpose, they
1 authorise the occupation of so much
land as may be necessary for the
building of the enclosure fence. It
seems to us that this would be a
''taking" of private property in the
sense of the constitution, and without
even indicating with any degree
of clearness, for what purpose it is
to be taken. It may possibly be enferred
that it is for the benefit of
[ those whose business it is to raise
1 stock: for it manifestly increases the
: burdens of the free-holders within
5 the enclosure, who make objection,
1 that their lauds are to be turned
' into a public pasture; that they are
to be taxed to keep up the pasture
^ fence, and required to fence any
portion of their own lands, which
they may wish to cultivate. As we
think, the Legislature cannot ac'
complish such purpose, for several
reasons?centainly it cannot be done
without the consent of the owners
* linr iiist. "ervnrnen sn.fi on bo mnilp I
_ ? ?therefor.''
"The right to appropriate
property," includes not only the
L' tangible thing owned, but every
: right and incident which accomB
panies ownership. In the ease of
1 land it includes any right of ease1
ment, and it has been held
" that it even includes the
5 right of action for injuries to
8 land'*1 &c. (See 6 Am. & English
B Encyclopoedia of Law, page 530.)
8 We can hardly think that there is
e any force in the election ordered to
Y be held by those living within the
f | boundaries of the proposed enclosure.
>i Tbat election was very irregular and
o in several respeets, not in conformity
Q to the law. See the affidavit of man1
ager, L. S. Hooker. But if it had
3 been otherwise, we cannot say that !
t- it would have changed the result. |
The principal object of several of the
? restrictions in the constitution, was
r to protect the rights of individuals
s and of minorities,
But it ;s argued that section 4 of
--tlsc-Act-oi JS&'S, does ample
^ provision for compensation to the
L" free-holders. If we understand it,
e the provision relied on is as follows:
>_ "Provided that for the purpose of
e building, rebuilding and repairing
8 the fence, the right of way and all
11 necessarv timber, shall be obtained
' v 7
in the same manner as it is now ob^
tained by railroad companies duly
3' chartered." There is certainly no
y express provision hero or in any of
^ the Acts, fox compensation. But as
we suppose, the claim is, that the
>r right to compensation is given implied
in the words "in the same man,s
ner as it is now obtained bv railroad
companies." This refers specially to
the manner of obtaining the right of
y way, and not to the payment of com^
pensation. We can discover no .an
J' alogy between this case aiul that of
3' a chartered railroad company. The
latter is a corporation?a legal en^
tity, which usually condemns land
" for the right of way, but pays for
' both that and the timber necessary
s to build the road. It is certainly out
of the usual course, to call into ex^
istence the great power of eminent
11 domain to condemn the right of way
>' and timber to build a pasture fence.
e Besides if provision in terras, were
made as compensation for establish
l~ ing the Big Pasture, we are unable
0 to see how it could be carried out,
for who would pay it or become reJ"
sponsible for itCertainly not those
y outside of the enclosure?nor the
l~ free-holders inside of the enclosure, i
y for they claim to be the sufferers,
rV _ _ 1 . . I 'll . .1 A 1 Al A1 A _
auu emiueu 10 receive raixier man iu
0 pay the compensation. No respon- !
^ sible party appears for whose benefit
n the power is invoked t and by whom
Q the compensation required, should
9 i be paid. It will be observed how
' carefully the Act of 1887, provides,
^ "that nothing contained therein shall
be so construed as to make the
0 County of Lexington liable for dam"
ages."'
e
There aro no adjudicated cases,
^ holding that the right of eminent domain
can be delegated to individuals
Q ! O ^
^ or private persons1 although there is
I a line of decisions, which may be
? thought to favor such a doctrine, and
it is believed that there can be no
such delegation: however, if individ,
uals can in any instance exercise the
s J
power of eminent domin, it will be
under the same conditions, and with
s '
^ the same limitations, imposed upon
corn orations *
r I
y 13ut where any act seems to conler j
e an authority 011 another to take pro- !
. i^erty, but the grant is not clear and 1
2 explicit, and 110 compensation i^.
provided for by it for tU? owner or
r party, whose ughts are injuriously
affected, the law. will conclude that
? it was not the intcul of the Le<?is'
i v
all kinds
Shoes for Boys,
Shoes for Children.
Shoes especially for e
ton Cc
All cheap of the best styles, and ^naran
Never buy your Footwear uutil you examine
LEYER &
TIIE I,E
1G0 MAIN STREET,
uov 2?ly
tlbre
Ahead of
XTaiw T?aI1 I.. a?\ r. / ? i-??/-./-?r* f A /\f tl\rt nh Ai A /
x aii i.-> an 'ifeB4 fcLIC \.ia\JI\*\
continents. Hard cash and long experience
strive to keep pace with ns, but can only fol
Our stock of Black and Colored Silks and
js the largest ever shown here. Many of th<
and those who come first will get the choice
We will offer such values this season in et
skeptical that buying here means economy 1
In Tablo Linens and all Household Goods
the wants of the trade. House keepers plea
<3-en.t's Pumi
We are in receipt of several large invoice
Shirts. Compare our 5Uc. 75c, and SI.00 Si
ures. A big stock of Collars and Cuffs~th<
The selections made in Hosiery, Gloves a
The goods these Departments represent she
Another lot Fine Umbrellas just opened.
The Domestic Department is replete wi
prices on these goods, like all other Depart]
Slxoes ca
*
From tho Eastern market, case after case, b
fall lines in Ladies', Misses' aud Gents' Sbo
mauship marks every pair. Get our prices
Hard andJSoft Hats for men and boys.'
Fall wear. Respectfully.
M'CREERY ?
UNDER GRAND CENTRAL HOTEL
"Jan. 1?l'v. " : <
DON'T LET Tl
Now is the Time
1111001, NOTION!
To make room for a New Stock of Fall at
prices that will beat all others in this city.
Block, in Colombia, S. C., where you will i
C. F. JACK
POST OFFI
Dec 17? lv
lature to delegate the power of
eminent domain, but simply to confer
a right to do the act, and exercise
the power given, 011 first
obtaining the consent of those af
fected." (See C> Am. & Eng. Ency:
clopoedia of Law. page 517, and
notes.)
"We agree with the Circuit Judge,
when he said that "As early as the
case of Bowman vs. Middleton, (1
Bay, 254) it has been held in this
State that such acts are void, "because
contrary to natural light and
the fundamental principles of our
government."
The judgment of this Court is.
that the judgment of the Circuit
Court be affirmed.
I Concur: He^ry McIver, C. J.
Filed September 7th, 1892.
A true copy. Attest;
(l. s.) Ai.bert M. Boozeer,
Clerk of Supreme Court.
'tir'VSr vr "<* ? *
? A Kouseiio;:: itcrcaiy t
i for ao, t
i BLOODa?SKIN?
\ DISEASES I
V OOMaVSMM V
D 13 S3
ile#g Sn&i
Bcfanis Bsead Balm #
ix "ilr)>c scrofula, ulcers, salt f
It curtb rmeum. eczema, every f
form of malignant skin eruption, be- 4
sides being eiiicacious in tonir.g up the \
system and restoring {he constitution, T
when impaired from any cause. Us 4
$ almost supernatural hea'tog properties 4
A justify us in gua(:vn,?eitng a cure, if A
j directions ar? tefuwd. \
a olut rsce tiv.ustiuted "...
obis t rfvcb '*v4.hvk ?1" Wouion," w
j ^igod yftl.r# co., AMar.ta. Ca. j
April 2'J?1 v
T. BERWICK LEG ARE,
DENTAL SURGEON.
office oyf.it brvn's jewelry store,
MAfX STREET.i COLUMBIA, $. C.
^-au work on teeth at moderate prices.
all.
Uev.u'tuhfrv that you will find cool
'Iviuks of all bind at the Bazaar,.
OF SHOES.
Shoes for Men.
Shoes for Ladies.
mi n tarn
snoes lor misses,
verybody in Lexing
tunty.
teed to wear as long as any made,
our stock and price.
; STORK,
IAT)ERS,
: COLUMBIA, S. C.
* I
LIABLE
AIL i
I
1
t niuuiri a <
ist goods and the beet values from both ^
gives us the advantage cf those who would ^
low. i ' ,j
Fine Wool Goods with Trimmings to match _ ' ,
jse shades cannot be duplicated fhis season, 1
ery Department that will convince the most
:o the purchaser. J
; we were never in a better position to supply ^
so take a note of this. \
.s3n.in.gr Q-oo<a.s.
s of Gents' Lauudried and Unlauncbied
hirts with those sold elsewhere at these ftg)
very nobbiest styles out for the season. 1
,ud Handkerchiefs deserve passing notice. i
w up good inv estments to the buyer,
th standard brands. Uniform and iovreat
ments, are strictly observed.
n.d. Hats, '
tas been rolling in, and this stock contains
es made of honest goods, and honest workon
Footwear before trading elsewhere.
We have jast opened in the latest styles for
BIS SKIP YOCT
to Get Bargains in ,
5 AND FANCY GOOM.
/ 4
ul Winter Goods. Everything will be sold a
The Bankrupt Dry Goods Store^ Post office
iixul the OLD LEADEB OF LOW PKICES \
SON, MANAGER, I
r wi 4' 4h t t .iirt f.i .? r I
ks .mm j m^s ms w ww mum m mm % ^y m m
iprirnrnri ^
C^BR^?Ri*iiHny4^s>iP Mj 1
Thousands say thcy,will wear No Other Shoe. ;
Wear this Shoe during the Summer Months.
DO NOT SUFFER WITH
TIRED or TENDER FEET.
This Shoe EXPANDS with EVERY MOTION of i
the Foot. Always retains its perfect shape. The
ADJUSTABLE feature makes it possible to wear
a narrower shoe. >
THE PERFECTION j
Costa no more, looks better, woars longer, j
sad gives 100 times more comfort I
5 than any other make.
Prices, $2.00, $2.60, $3.00 $3.60. 1
CONSOLIDATED SHOE CO., MTre, Lynn, fen.
For Sale by the Leading Shoe Dollar* in
Lexington, S. C.
J. W. LONG, Lexington*
SPANN & BARK, LoesriHe,
June 29 ?3m.
JJl i
ArcylH. VVlK..S4yR:t - B^ore. Aft*. um.
The accompanying w<^,t ssi iu 2Si it. ts n*
of ntTOV<-i^l:t aiui 40 in. 33 in. JO in. fig
ravins ^^iioyrClv'^vdultyef,vt hi. si in. 11 la. AH
five rUCUtln<""?n;a.CU<;Bt. <tl>)*.... S3 in. 4i> lo. 13
PATIENTS TREATEO BY SAIL CONFiDEI^TC 1?
li.rmlrM, w,i vtilh Utt ?UrrLug, acuinreuntj, or ^CntifLcu. gffli
For Pirliculsri i?ith S cvnu 1? M?aipi, ^ J9M
DR. 0. W. r. SKYOER. M'ViCKEC S THEATF*' CIIUSO ?IL fl
Professional Card. I
DES. LEAPF.AET & BECKHAM OF- 3
ler their professional services to the- I
citizeus of Lexington county. They have B
established an office in Mrs. Klapm&n's-^ ^B
- house at Red Bank Factory, where one of ^
, the tirm wlil be found on Tuesdays, Thursdays
and Saturdays. Their office in the; B
place is in the front room of Mr. C. 1L B
Efird's office. !||
26?tf > B
J. C. H. TROEGER'S |
iiwimmwm, 1
14^ XflTV JNTCVPT JHfi
[Opposite Lcrick & Lowraace, <^Bg
COLUMBIA* S. C. B
SALOON is stocked with the Sliest R|
1 Wines, Liquors, B*>er, Tobacco and igars. 3a|
Restaurant is first-class ia every Fpect.
| Meals served at all hoars in the ighesfe
; culinary style. Oysters, fish. et< and H
, every thing palatable that the oRrkefc
. ifYcnls. at moderate charges. |2m
Oct 22 ? 12m
jsSKI
j Canned salmon, mackerel, bsters^ R
' oysters, potted liam, sardines toma- |R
toes, okra and tomatoes, coi, pine |||
i amile. iellies, dessicated <coanut R|
I"1A i ' 4 *
ready for pies and custais, con- 1H
, densed milk, Worcester aii(?pepper j|8j
; sauce, pepper and mustard,-at the |||
j Bazaar. ||i
' I
aa
H