The Pickens sentinel. (Pickens, S.C.) 1871-1903, November 15, 1877, Image 1
DEVOTBID To POLITICS, MORALITY, EDUCATION AND rO THE GENERAL INTEREST OF THE COUNTRY.
G~L VII. a. PICKENS, . C., THURSDAY, NOVEMBER 15, 1877.
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The Circuit Judges.
The validity'of the election of the
present Circuit Judges of this State
is shortly to be tested in the Su
preme Court. It will be remember
ed that there was considerable dis
cussion upon this point at the ses
sion of the Legislature last spring,
an effort was made to have a new
election, on the ground that the ex
press tv-rns of the State constitution
had nut been complied with in the
foriner elections. The question was
0: iginally raised in the quo warran.
to proceedings against Judge Reed,
which were instituted tnder the ad
.ministration ot Mr. CUnberlain, bit
tle Surne court did not decide
the 'point, and the proper mode of
election remains unAdjudicated by
the tribunal.
In Art. 2, Sec. 24, the Constitu
tion declares as f1lows: "In all elec
tions by the General Assembly, or
either House thereof, the mnembers
shall vote viva vie, and their votes,
thusjiven, shall be entered upon
the journal of ,be louse to which
they respectively belong." This
clause would plainly indicate that
there was only one mode prescribed
f.,r elections by the General Assem
bly, and that the objee;t of adopting
that method was to make a record
of the entire transaction, so there
could be no.question as to the result.
But the constitution contains anoth
or clause which conflicts expressly
with this.general provision, and ap
plies solely to the election of Circuit
Jrndges. In A rt. 4, Sec. 13, the fol
lowing language is used: "The State
shall be divided into convenient cir
cuits, and for each circuit a Judge
shall be elected by joint ballot of the
General Assembly, who shall hold
his office for a term of four years."
The proceedings of the Constitutional
Convention, it may be proper to res
tnark, show that the term employed
in the original daft of this partion
lair section was "joint vote," instead
of "joint ballott," but there is noth
ing contained therein to prove that
the words were not altered upon its
final passage, although it is equally
true that there is no evidence of such
.alteration being proposed or sug
gested. The practice of the Repub
* lican L.egislature, from the time of
*the adoption of the constitution down
to the expiration of that dynasty,
was to elect the Circuit Judges viva
wroco, as in the case o,f all other elec
tions.by the General Assembly.
The question itivolved attracted
the atteg tion of tbe General Assem
blyg anR in the election of Judge
K.rshaw last June, tbo mode pres
cribed in the 4th Article of the Con.
stituties was adopted, which is by
joiut ballot. It was then determined
4 o'seenre a judicial decision upon
this point, and the following concur
rent resolution was adopted:
W haras great uncertainty neits
as to the validity of the election held.
on the 10th day of December, A. D.
1875, for Circuit Judges of this State,
to thq great detriment of the public
good; therefore,
Resolved, That the A ttorney Gen4
eral be, and the same Is hereby, in,
structed and authorized to institute
such legal proceedings as may be
proper, to test the validity of said
elections, and the rights derived
thereunder.
Under this resolution, the Attor
ney General has chosen to make the
issue upon the case of Hon. A. J.
Sbaw,. Judge of the Third Circuit,
who waa elected in December, 1874,
to fill the vacancy occasioned by the
death of Judge Green. His case is
not definitely mentioned in the con
current resolution, but the identical
principle involved in the other elec-J
tions applies to his tenure of office,
and for satisfactory reasons to the
Attorney General, he has instituted
proceedings in the nature of quo
warranto to test the validity of Judge
Shaw's election. It is not a strict
compliance with the terms of the re.
solution, but it was the purpose of
the Legislature to secure a decision
upon a mooted point, and not to
single out any particular class of in
dividuals for the application of the
principle.
As there were circumstances con
nected with the balance of the Oir.
cuit Judges, which might give ris.o
to unjust suspicion as-to the motives
of the procceding, the Attorney Gen
eral dutermitied to make the test wit h
the only pronounced Democrat on
the Circuit bonch thus situated,
and in selecting Judge Shaw whose
exalted character and unquestioned
ability is at once recognized by all
the people, the question is narrowed
down to a purely legal one, where
ther can bo no invidious distinction
drawn by carping malcontents. It
is no reflection upon oler Circuit
Judges, who have been notified by a
circular letter from the Attorney
General that such prgceedings have
beeni instituted against Judge Shiaw,
and as the validity of their own titles
are also involved, they are invited to
participate or be represented in the
argument of the question before the
Supreme Court.
It is highly important that the
construclion of th.e constitution by
the highest judicial tribunal-in fact,
the only one competent to entertain
the question-shall be obtained with.
out delay. The Radical Legislature
pursued the viva voce mode of elect
ing Circuit Jvdges, without excep
tion, and the Democratic Legislature
has elected Judge Kershaw by 'joint
ballot.' Another vacancy has oc
curred, which will undoubtedly he
filled. by the latter method, unless a
contrary decision is reached before
the Legislature takes cognizance of
the existing vacancy, which is not
at all probable, as the Supreme
Court is not apt to hear the argu
mnent 01 the case already instituted,
in the natural course of proceedings,
until after the Legisluture has filled
the vacancy. The sult will be that
the Circuit Judges are placed in an
embarrassing position, from which it
is desirable to extricate them speed
ily as it consists with the business of
the Supreme Court. Six out of the
eight Circuit Judges were chosen
viva voce, and it the. decIsion is
against tiat mode of voting, then
their election was unconstitutional,
null and void, to all intents and pur
poses, and the Legislature will de
clare vacant such position, ar.d po
coed .to the election of Circuit Judges
for a full term ot four years. On the
ot her hand, if the decision sustains
the method of voting,:the election of
Judge Kershaw (and most probably
the successor of Judge Northrop)
will be invalidated thereby.
Subsoribn for tho SEWVNEL.
THE MARRIAGE PORTION.
There lived, about five or six miles
from Easton, Pa., a fey years since,
an hone8t farmer named Henderson,
who had two very pretty daughters,
Ellen.and Maude. The first was about
twenty-three years of age, while the
latter was nineteen. The farmer was
a thrifty, well-to-do man, though by
no means rich; but the family lived
in excellent style, and the daughters
had received good educations.
Both f these girls were pretty, but
Maude was perhaps the handsomer.
There was no lack of attentive young
gent'emen at the farm, though the
neighborhood was not very thickly
settled. But'"beauty draws us with
a single hair," and the young ladies
were the center o a gay little circle
of friends, mostly young gentlemen
or farmers' sons in the immediate
neighborhood, and some even from
Easton.
By-and-by it came about that an
earnest, handsome and sturdy young
farmer fell desperately in love with
Maude, and proposed to her. On
her part, she loved Harry Masters
above all the young fellows she knew,
and told him frankly that he might
speak to her father. In the inean
tine she confided the matter to her
mother, a kind hearted, Sympathetic
parent; who saw no objection to the
choico of her daughter, but all was
left to the father to decide.
Farner lenderson was a very
3traighlf .rward and open mn uthed
man. That is, he said exac-ly what
he meant, no more or less, and that
he uttered freely. When llarry
Masters called him on one sid, and
told his especial orrand, as to Mande,
the father said:
"Well, Mr. Masters, Maude is
young. I wanted Ellen to be mars
ried first; she's the oldest, and I have
got a marriage plortion of twelve
hundred dollars to give hei; bt I
haven't laid by anything yet for
Mando."
"I have got pretty well before
hand, Mr. llenderson, for a mn t
twenty.tour years old, and we shall
be able to do very well, I have no
doubt."
"You mean you'll take Maude
without any marriage portion?" said
the father.
"Yes, sir, very gladly."
"Well, it's pleasant to hear you
say so, because it shows your honest
affectioni, Mr. Masters; but I am too
proud, though a simple farmer, to let
Maude marry till I can give her a
thousand or two toward housekeep~
"It is not worth waiting for, sir,
as long as we don't really need it,
and both are content."
"Then, again , I'd rather Maude
wouldn't marry unatill her sister is
married, because she's so mucho older,
do you see, it would actually make
her an old maid. It isn't fair Mr.
Maeters."
"Ellen is very popular wvith: the
gentlemen, and will soon be be mar
ried," said the other.
"That's just what I have said to
myself, and then I shall begin to pick
up a marriage portion for Maude."
"I trust that is the only objection,
Mr. Henderson?" said Harry Mas
ters.
"Whys yes; yona are a promising
and respectable young man, and
come o'f a good family," said the fars
mer; "but I can'c let Maude go un
til I have got together a respectable
marriage portion to give with her
hand."
"Perhaps you will think more fa
vorably about it," said the lover. "I'll
speak with you again."
"All right, Mr. Masters."
Harry and Maude were very fond
of each other, arnd no0W talked over
the matter very seriomely. Maude
could not blame her father, and did
nat like herself the idea of going to
Harry without-a proper portion to
contribute toward their joint part
nership in domestic life.
"Never mind, Harry," said the
handsome young gii-; "Ellen will
soon be married. I have pretty good
reason for knowing."
"Ah, but then your fat'-er says be
wants time to pick up a marriage
portion for you, and that will take
three or four yeais, perhaps."
"That is a good while, is it not
Uarrq ?" said Maude, just blushing a
little, for fear that it sounded forward
and bold.
"It's ages!" said the gyoung fel,
low. "Think of waiting three years
-why we shall be old fulks by that
time!"
"Not quite so bad as that," said
Maude.
"I'm sure my hair will be gray by
that time!"
"Nonsense, Harry! Now you are
joking." '
"I was never more in earnest in
my life," said he, as he stole a kiss
from her pretty lips, and ran away,
so as not to hear her chide him for
his boldness.
"Maude, said her father, coming
into thu house from the barn, "I wish
you would ride thOe sorrel mare into
Easton, and get this hundred dollar
bill changed at the bank. The work
men have got done with the roofing
of the barn and I want to pay them
off tol-night.',
"Very well, father. Let John put
the side-saddle on. and I will be
ready in five nuinute.
Thu sorrel mare was brought up
to the door, and Maiide was soon on
her way at a ca.y hand gallup to,
wai d Easton. She ha-I an excellent
seat, and was a good horsewoman.
As she knew this well, she would not
have objected to have Harry see her
just now; but lie had gone a few mo
ments before in an opposile direc
tion.
Wben Maude trot into Easton she
rode directly to the bank, but was
unifortunate enough to find that it
was alr'eady clo'sed. After a few
moments thought she resolved to try
and get the note changed at the gron
cer's, or some of the other stores, and
went immediately to do so. Fate
seemed against her, for no one had
small change enough to accommo.
(ate Miss Henderson.
At one of the stores where she
stopped, a ver'ry gentlemanly looking
person took out his pocketbook and
said lie thought he could change it
for her', and she handed him the bill,
but he retiurned it, saying, after all,
lie had not so much small money.
lie seemed to regret this, however,
and even followed MauJe to the door
and assisted her to remount her horse.
She was forced to give up her ers
rand, as she did not much like to
run about among strangers a skinig
them to chan.;e her a bill, especially
as no onie seemed able to do 8o. She,
therefuo, turned her horse's lit ad
once more toward home. Scarcely
had he passed the outskirts of the
townx wheni eLe was overtakeni by the
stranger who had spoken with her in
the last store, and who at first
thought lhe could change her' bill.
He was mionnxted upon a fine looking
bay horse, and saluted her respect-~
fully as he came alongside."
"Did you get your bill changed?"
lie asked.
"No; small billa seemed scarce,"
she replied.
"Do you live near here!"
"About five miles off.,'.
"Quite a ride."
"Oh, we don't xmind five miles in
the country."
"You are an excellent rider."
"I have ridden since I was six
years old,' she said; 'but my sister
Ellen is a better' rider' than I am."
"You are generous to admit it,"
said thbe stranger.
"Why,. it's only the truth," she ani.
swered frankly.
After they had passed over about
two miles, they came to a very lonely
piece of road, quite removed frou
any dwelling bonse. Still, as the
stranger appeared so gentlemanly,
and had addressed her so politely,
she had not the least suspicion of any
evil intention on his part.
Presently, he said suddenly, "I
will thank you for that bill."
"What?" said she, halt smiling.
"Please to give mne that bill."
"What do you mean?" asked
Mande.
"Just what I say!" he replied,
suddenly.
"I shall do no ench thing," she
answered firmly.
"I am sorry to draw a pistol upon
a lady,' he continned, suiting the ac
tion to the word, 'but I inust have
that hundred dollar bill"st once."
"Do you mean to rob me?"
"I must have the mnmey."
It was with difficulty she could be
lieve the man was in earnest; but
when he now cocked hi3 pistol
and held it toward her with one
hand, while he extended the other
for the bill, she was forced to yield
to the necessity of the sit nation. She
was a brave hearted girl, and even
now she did not turn pale nor trem
ble in the least; but sow she - could
not help herselt, and so made the
best of it.
Just as soon as she held out the
bill to him a sudden puff ot wind
blew it into the road, and carried it
several yards from them. The alran.
ger alighted to get it, and, quick as
thought, Maude struck her horse a
smart blow, in order to get out of the
robber's power. The sorrel Mare
was a spirited little creature, and
sprang into a smart gallop at once;
while the stranger's horse, which had
been standing beside hor also started
off at tull speed in her company.
Bangl went the robber's pistol af
ter them, having only the eflcot to
increase thme speed of thme flying horses,
both of whom were now on the dead
run. Maude did not care how fast
she rode, the soriel was as easy as a
cradle at that speed, and in ten min
utes she dashed into her father's yard,
followed by the riderless horse.
Her story was soon told, and her
father was with difficulty prevented
trom starting after the robber with
his pistol and rifle, but he knew that
the scoundrel would naturally take
at once to the woods, where he could
not follow him.
"We've got his horse, at any rate,
said the far mom; 'and he is worth
wore than a hundred dollars."
"Hello, master!' said the man John
who had beeni taking the saddle bags
from the strange horse.
"What is it, John?"
"The~se bags is full of something."
"I should think so," said the farm,%
er, as lhe unstraped the leather bags.
They were found to contain some
counterfeit p)lates, a quiantity ofcoun
terfeait money, in) various bills, and
also a little over fifteen hundred dol
lars in good money.
"iluzza!" cried the farmer.
"Why, your trip to Easton has
proved a profitable one, at all events.
Here's over fifteen hundred dollars,
good money!"
"Ah, but it will be claimed by the
owner."
"Do you think a counterfeiter will
dare to come for the t9>ols that would
convict him V-to say nothing of high
way robbery."~
"I didn't think of that."
That evening Farmer Henderson
sent John over to young Mawters
with a message to call round and see
him, to which Uarry responded in
stan tly.
"Mr. Masters,' said the farmer, as
he came into the large, eld-tashion,ed
sitting room, 4) on reinem)ber what
you asked of me this afLernoord"
"Yes, sir."
"Well, I give my consent. Maude
has just furnisbed her own marriage
portion. Take her, my boy, and be
happy!"
The Equestrian Statue of Gen. Lee.
M. U. Mosmau of the Anw Com.
pany at Chicopee, bas just finished a
sturdy model about three feet high,
of the $40,000 equestriau statue of
General R. E. Lee, which is to be
erected at Richmond, Va., and will
be exhibited .there by the artist the
first ten days in November. The
stati-e itself is of bronze, and the
pedestal and steps of granate colored
wood to represent stone, instead of
the usual wax or,plastar model. Fron
a series of steps, 'whose grand size is
25 by 18 feet, rises a platform hold
ing the pedestal proper, an oblong
Eqnare with semicircular projections
on the shorter sides.
The base rises in this form without
other ornaments than mouldings cut
in the granite to the bottom of the
die. Tne straight part of the die's
sides is nine feet square grani. block
panelled for bronze reliefs. The
circular parts are fluted column sec
tions cut longitudinally. A band
around the column parts, between.
base and cornice, is covered with
armor and insignia t f the middlo
ages. Above this die is a cornice
with a running Grecian ornament in1
bronze, besides granite mouldings,
and the whole pedestal is secured by
a 15 by 5J feet stone, about whic.
and just beneath the statue is an
honcr chaplet in a con-inuous gar
land of laurel leaves. One ot the
panels ot the die shows a mausoleum
with a medallion portrait on its face
of Lee, which a womap figurorepre.
senting the tonntry embraces in -ex
grelswhg grief at the lose of her son,
while "Virginia" brings a wreath
of immortalles in deference to his
virtues.
The State coat-of-arms, with a
shield embellished with Lee's titles,
is in relief on the back of the die.
Above the 22-feet high pedestal is
the 18-feet equestrian statue of
General Leoe. The horse is of high
blood and spirit, and, while showing
considerable action, has none of the
strained, theatrical effect sometimes
seen in such works. The rider re
presents General Lee in his military
uniform, field glass in hand, and the
expression of both horse and rider is
of expectation, as though anxiously
awaiting the result of some order,
upon which the fate of a battle might
depend.
CU -rrma OT A. NERVE 'ro CURE
NEURALGIA-For several years Judge
Bay, of St. Louis, has been a great
sufferer from facial neuralgia, and
to avail himseif of any benefit that
might possibly rnesult from a change
of climate spent most of 1873 in
California and the last part of 18741
in Colorado without any material
benefit, and, on his return from Cols
orado, Dr. iludgen cut out a little
over one-half inch of' the fifth faicial
nerver, anid for seven or' eight months
the Judge experienced eretire relief
from the disease, but at the expira-~
tion of that time it gradually returned
upon him with increased severith,
until life was almost unbearable.
Dr. Llodgenm became satisfied that,
thme sep)arate parts of tbe nerve had
united, and be determined to por
form a second operation, and, on tho
7th instant, cut out two inches of the
nerve and removed several collateraml
branchee. The operation lasted fif
teen mninutes, was exceedingly pain
ful, and though the Judge declined
to take chloroform or atmy opiate lhe
stood the knife w ithout flinching.
The Judge has had no return of tho
neuralgic pains, and all the indica
tionis are that the operatione will
prove eminently succoeful.
To great evils we submit; we re
nnnt little nruneations8.