Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

-. -, 't tj~fez1 ------------ voi2. xxii. ~PICKENS, S. C., THURSDAY, MARCH 22,184NO 27 1T IS A GREAT VICrORY. THE STATE WINS IN THg RAILROAD CASES. Judge Simont on's Strong Decision Ag lost the italtr< ada-They Mukt, Fy Their Taxes and the Oobt--Gov. Tillman Thinks It Will End the Figbt. COLUMUIA, March 15.-The State of South Carolina and the present admin istration have gained a big and decisive victory in the ight with the railroads for the payment of taxes as assessed by the State Board of Equalization. Judge Simonton, in a decision rendered at Charleston on Tuesday, the most im portant portions of which are published ordered that the South Carolina 'R1oad pay what is due the State and the costs of the proceedings. It is conceded that - this decision is practically -one against all the roads which have been resisting the payment, and the State gosernment now looks for the railroads to begirn to settle without further fighting. It is not thought that any appeal will be taken to the Supreme Court of the United State&, It is not necessary to review the pro tracted fight which has been in pro gress between the State and the rail. roads for over two years. It began, however, by the State Board of Equali zation taking the position that the railroads were not paying taxes in pra portion to the amount paid by the av erage citizen. The returns which the roads had made were increased to what was adjudged to be about 60 per cent. of the value of the property. It will be remembered that the roads refused to pay except on the returns which they had made and which they'claimed were fair and equitable. A long fight in the courts resulted, but the mattar has nev er before come up squarely on its mer its. Heretofore all the cases have been on technicalities, and the State has not been wholly successful in these fights. These cases were immaterial to the main issue, onwhich the administration was confident of winning. Judge Simonton's decision is a thor ough knockout and the roads cannot fall to see it in that light. Governor Tillman was in a good humor when the reporters saw him yesteraay and asked him about the decision of Judge Simon ton. "I regard the decision," he said "as the conclusion of. all the railroad litigation. The case which has been decided- was a test case. and we have won. I have felt confident all the time that we would win." When asked as to whether he thought there would be an appeal, he said he did not think so, at least in the case of the South Carolina Road. Judge Sim onton, he concluded, is the boss of that road and consequently the boss of Re ceiver ChamberlainI who is a creature of Judge Simonton S court. Whatever Judge Simonton orders must be done. The othee roads, which the decision in directly affects, inasmuch as the decis ion in regard to them will be the same as.the South Caroliaa Road, may take an appeal to the Supreme Court. Governor Tillman, however, thinks that all the roads will pay what they owe at once, and avoid any proceedings which might be taken to forfeit their charters, the last Legislature having passed an Act authorizing the forfeit ure of the charters of the roads which resist the payment of taxes imposed on them by the State. The total amount due the State by the roads is about $200,000. This amount is the difference between what the State has all along claimed was due and the amount which the roads have admitted was due. The roads- have ev ery year paid the amount they admit ted to be due. State Treasurer Bates will not have to borrow money for some time to meet the claims against the State. The title of the case decidel by Judge Simonton was D. H. Chamberlain, re ceiver of the South Carolina .Railway Companyt~igainst George HI. Walter, -County Treasurer of Charleston, and Hugh Ferguson, Sheriff of the same county.. The complaint sts forth that thi road had been returned at 813,0t per mile and thait the State Board iised this to $16,000 per mile, also raising the returns of the Three C's lRoad from $5,000 to $10,000 per mile. The bill al leges that tbis assessment is unjust, in asmuch as It is above the assessment Smade on the average real and personal property throughout the State, and that the State Board of Equalizat ion violated the Constitution of the State which provides that all property shall be taxed in proportioti to its value. The "'bill further charges that the act of the board In raising the assessment is it self null and void, and the assessment Is illegRtl because this is not within the powers of the board. The attorneys for the railroad were yBrawley & Barnwell and Mitchell & Smith, and for the State Attorney Gen eral Buchanan, Ira B. Jones and Sam L Lord. Judge Simontoni's decision is as fol lows: It 1s well at the threshold to define the limit of the power of this court over the subject matter of this suit. It cannot review the assessment made by the State officials simply upon the ground that it is excessive. (Starling vs. the Supervisors, 121 U. S., 549. Nor can it make a new assessment or direct another to be made. (State Railroad Tax Cases, 92 U. 85, 615.) Nor can it initerfere upon the ground that the tax is illegal. (Williams vs. Albany Co., 122 U.S5., 154; Leggpt vs. Alley, 130 U. S 177.) Nor can it 'Thterfere because the court would prefer and would have adopted a different flystem., (W. U. Tel. Co.M's. Massachusetts, 125 U. 8., 553; Davenport National Bank vs. 8.uper visdrs, 128 U. S., 83.) "So long as a State, by its laws prescribing the mode and subject of t,scation, does not in trench upon the legitimate authority of the Union or violate any rIght re cog zed or secured by the Conatitu tiom-6f the Uqited States the Federal Courts, as between the State and the citizen, can afford the latter no relief akainst State taxation ho wever un just, oressive or onerous it may bie. (Krkland vs. I~otchklss, 100 U. 8, 491; Memphis Gas Light Qo. vs. Shelby Co., 109 U.S., 808.) All these are questions for the State alone and aire within its police power. But when the overval uaition of property assessed for taxa tion has arisen from the adoption of a rule of appraisemnt which conflicts with a constitutional or statutory di fedtion, and operates unequally, not merely on a single individual, but on a larda clanso nd iidas or corpora. blons the courts can give redress4o the party aggriev - thereby. (Stanley vs. Supervisors, 1 U. S. 551.) It is put Miearly and terselv in Cummings vs. National Bank, 101 U. S., 147: "When a rule or system of valuation is adopt ed by those whose duty it is to make the assessment which is designed to operate unequally and to violate a fun [lamental principle of the Constitution and when this rule is applied ot solely to one individual, but to a i ge class' of individuals orcorporations." We see that there is an essential in gredient. Those whose duty it is to ake the assessment must adopt a rule )r system of vuluation with the design hat it shall operate 'equally and vio late some fundamental principle of the Dontitution. What is the rule or system of taxa ;lon adopted by the Board of .Equaliza Alon for railroads? The General As iembly of South Carolina are instruct 3d by the Constitution to prescribe mch regulations as will secure a just valuation for taxation of all property under a uniform and equal rate of as 3essment and taxation. (Article 9, Section 1.) The Act passed pursuant thereto provides that "All property ihall be valued for taxation at its true value in money, which in all cases not otherwise especially provided for by law shall be as follows, to wit: For personal property, the usual selling price on the usual terms of similar property at administrator's or execu. tor's sales at the place where the return Is made, and for real property the usual selling price on the usual terms of similar property at sales for parti tion under the order of court at the place where the return is made. If there be no selling price then what is honestly believed could be obtained for the same at a fair sale under the con litions before mentioned ?" (General Statutes of South Carolina, Section 19.) Apart from the consideration that even if the assessment fixed by this board on the property of complain ant is excessive this court cannot in terfere. (Stanley vs. the Supervisors, supra.) There is no reason to think that the board do not in the language of the Act "honestly believe that the value fixed by them on this property is its selling price at a fair sale." Indeed this last conclusion is not denied. The complainant avers that the property was returned by him at 60 or 65 per cent. of its real value in his estimation. And we can presume that when it was raised by the board they acted under the statute. The ground for complaint is that by uniform and notorious prac tice other real and personal property is assessed for taxation at about 50 to 60 per cent. of its value notwithstanding the Act of Assembly, and that this ac tion of the Board of Equalization for railroads, departing from this practice in the case of railroad property Nas with the design, intent and purpose of putting the burden of tax alone on railroads and not in order to carry out the provision of the Act of Assembly. Evidence of this design is deduced from the course pursued with regard to otner property in the State, and the practice prevailing of assessing such property below its real value in money, a practice well known to this board and departed from by them in assess tng the properly of railroads. In South Carolina the general mode of assessing property for taxation is as follows: Each county in the State is divid.ed into tax districts, small territu rial sub-divisions, for the sake of con venience. The County Auditor ap points for each tax district three free holders resident therein as a board of aessessors. They meet, organize, elect a chairman and proceed to assess for taxation all the real and personal prop erty in their tax district. This assess. ment is sent to the County Auditor, by whom it is submitted to the County Board of Equalizition, which consists of all the chairmen of the tax district boards. This county board meets at the office of the Auditor and examines the returns of all the tax district boards. If any property, real or per sonal, has been returned below its true value they raise the assessment. If above such value they decrease it. They cannot reduce the aggregate be low the aggregate of all the returns of the tax district boards. The chairmen of the county boards constitute the State Board of Equalization. It in turn reviews the action of all the coun ty boards. It has the same power as to increasing or diminishing values that the county boards have. The Auditors of the counties act as clerks of the county boards, and the Coropt roller General attends upon the State board. With regard to railroad property an entirely different method prevails. The president and secretary of each com pany is required annually to make re turns to Lhe Comptroller General of the railroad property and' its value. 'rhese returns are submitted by the Comptroller General for consideration and action to a board consisting of State officers, the Attorney General,the Comptroller General, the Secretary of State and the State Treasurer. Their duties are to "equalize the value of the property of railroad companies by in creasing the value of the roads and property of such company as shall in their judgment have been returned at too-low a valuation and diminishing the value of such as may have been re turned at too high a valuation." Geun eral Statutes, Section 180. The term here used is "equalize." laut as there is no aggregate to be maintained as in the case of county taxes, this word must be used with reference to the lan gualge of the Constitution and must be construed to mean to secure equality. This board is entirely distinct in per sonnel and otherwise from the other boards above referred to. A mass of testimony has been taken and has been flied with the record with respect to the mode and practice of as sessment by the tax districot and coun ty boards. It would consume too tnuch time to go inito this detail. The result shows that for a long period of tinme, up to recent date, and perhaps'up to this time, the provisions of the Act of Assembly have not been regarded ap real and personal property have bIken assessed for taxation below the real value in money. But nowhere does it appear in the testimony that this is the result of preconcert, connivance or conspiracy between and among the boards, such as a ppears in Cummmngs vs. National Bank, supra. There is ev. dence of coincidence in opinion and ac tion of concurrence in metflods and in general result, but none whatever, that is of direct evidence, of preconcert in action. Such concert of action may possibly be inferred from similarity in the result, but the evidnnce sho tha although the boards all assessed real and personal property below its real value in money the course of the sev eral boards was capricious, without fixed method or percentage. Although the average of valuation was below the value in money in all the counties concerning which testimony was offer- . ed, in some of the counties parcels of land were assessed some above and some below their true value in money, notably in Richland County. But is this coincidence of action and result on the part of tax district and county boards conclusive evidence of design to put the burden of taxation on rail- r road companies ? Is it susceptible of I other explanation? It would seem that 1 it is the result of a vice in the system of assessment. The tax district boards o make the first assessment. By law they v must be freeholders resident in the tax f, district. They have a direct personal in- , terest in alow assessmentand their en vironment induces them to make it. d When men deal with the interest of the government and of the citizen all doebts are solved in ravor of the citi zen. This must be said, however in a explanation and perhaps in justiaca- 1 tion of the action of these boards. In t an agricultural community, and in a one dependent upon the well being of t4 the agriculturists, it is impossible to a fix the value of lands. A succession of b bad crops will make land unsalable. 0 One good crop will create a demand si and a selling price. So what land may sl bring if sold depends not on its Intrin- t sic value so much as on the circum- t stances under which it Is sold. Taxea must be paid without regard to sea- P sons or crops. Hence the average val- v uation designated to cover a period of five years. If there be no preponder- d ance of evidence showiug design on t' the part of the tax district and county 9 assessors to throw the burden on the I railroads, is there any evidence from e which such design can be inferred on d the part of this board of equalization p for railroads? The Comptroller Gen- e eral, one of this board and from his of ficial duties and experience the leading i member of the board, probably deduct ing and controlling its action in his Qfficial report to the Legislature in 1 1891, calls the attention of that body to 0 the low rate of assessment of much of I the property in the State and urges 1k legislation to correct the evil. And v when we consider the independent action of this board under a statute u imperatively requiring them in malr 1 ing assessment to take as a standar 1 the true value of the property in mon ey, and also consider the admission of t the bill, that the return was about 65 per cent. of the real value, $13,000 per mile, and that the increase to $16,000, making it about 80 per cent.. we can not hold that this increase in assess ment is so excessive and unjust as nee. essarily to indioate the design and mo tive charged. Another objection to the action of the board of equalization for railroads t is that notwithstanding the fact that a large part of the property of railroad f companies is land, they are assessed c annually. The State Constitution a diredts that lands shall be assessed t every five years, and this practice is ob- e served with respect to all lands except those of railroad companies. This in- a dicates design to oppress railroad com panies, and at all events violates the fourteenth amendment. The Constitu tion of South Carolina (Article 9, Sec tion 1,) directs the General Assembly to "provide by law for a uniform and 9 equal rate of assesment and taxation.' I It gives the General Ascembly full dis- 1 cretion "to prescribe such regulations u as shall secure a just valuation for tax- ] ation of all property." The Ganeral t Assembly obeyed the direction by re- d quireing all properity to be assessed at its true value in money. Exercising its discretion it prescibe a set of regula' tions, which, in its judgement, secured a just valuation of rairead property for taxation. A railroad is a unit, every. part contributing to its purposes as a whole, If it be a corporation its cor porate purpose is the maintaining a 1 railroad and all and every part of this t property must contribute to this pur pose. its right of eminent domain isE limited to this purpose. Th'is unit is made up of lands, personal property, choses in action, easements, all depend ent upon and inseparable from each other, deviding their value from this inseparability, from the fact that they contribute to this unit. They differ from every other species of property, and the discrimination made as be tween them and other carporations and individuals in the mothods~ and instru-C mentality by which the value of their I property is ascertained Is not invalid. 1 (Kentucky Railroad Tax Cases, 115 U. S., 337;8State Railroad Tax, Cases, 92 1 U. S., 611.) The mode prescribed by the Legislature of this State is to get at the value of the plant, that is of all these elements going to make up the railroad, and to ascartain what their combined contributions makingu this unit are worth. If they separate the component parts and attempted to fix separate values upon them they would enter into an impossible task, The value ef the lands of a railroad de pend much on the character and 'com.- t pleteness of its rolling stock. The util ity and consequent value of the rolling stock depend largely upon the facilitIes at stations and at termini, the amount< location and character of the land used therefor. After careful consideration there ap pears no evidence of such a design 'as will alone give this court jurisdiction. Let an order be taken authorizing and instructing the receiver of South Carolina Railway Company to pay from the funds in his hands as such i received the remainder of the tax un- [ paid and the costs of these proceedings I CAHLES 11. SIMONTON, Circuit Judge. March 13, 1894. Tnarred Flornd. NAanrvirtax,Tenn., March 9.-George A. Smith, a farmer, about 35 years ot' age, in the edge of ickett county, sev eral miles above Cellaa, went home I drunk Wednesday night, and brutally murdered his youngest child, after I which- he beat his wife in a horribler manner, cutting her thorat and then crushing her head. Leaving his bleed ing victims, he repaired to the house of his sister-in-law, a short distance away, and ftnding her sick in bee, grasped her by the hair and dragged her on to the floor, stamping her. .'he managed to escape from him and alarmed the neighborhood, who soon discovered Smith's terrible crime. Smith has tied the neighborhood and his whereaboutsJ lare no nwn, le will very likely be lynced i capured PELLER SKINS SHERMAN. rHE OHIO SENATOR ACCUSED OF TELLING UNTRUTHS. 'he Colorado Senator Pitches Into the Leader of the Goldbiugs'aud Dresses Him Down Neat'y and Thoroughly---Bland Bill Will be P4assed To-day. WABIHINGTON, March 14 -After the outine morning business, the Senate at 2:30 resumed consideration of the gland bill. Dolph (Rep.) of Oregon stated that as bjection had been withdrawn to the rinting of the extracts which he had re .rred to in his spech yesterday, he rould considerjthat speech as ended. Then Teller (Rep.) of Colorado ad. ressed the Senate in supportof the bill. le denied the assumption of Sherman nd of other Senators who had argued gainst the bill, that the Act of 1890 ift the coinage of silver to the diecre on of the Secretary of the Treasury, : nd he declared that the Act was manda. yry and that under it the Secretary hould coin as many silver dollars as he ad issued Treasury notes. If $155, 00,000 ot Treasury notes had been Is aed, then 155,000,000 of silver dollars bould be coined for the redemption of 2i Treasury notes. He claimed that te difference between the purchase rice of the silver bulliori and its mint alue should be put into money and used :r current expenses-because the Act eclared that the seigniorage should be iroed into the Treasury. and be also ar ued that the proper execution of the tw required that there should be for very dollar of Treasury notes a silver ollar lying in the Treasury ready to be aid out to the man who demanded it in xchange for Treasury notes. There were one or two other points i Sherman's speech which he desired to ontradict. Wae of them was the state. ient that there was a board of 364,000, 00 of silver dollars lying idle in the .reasury. "There is no hoard ot that i md in the Treasury," Teller asserted nith empaheis. "The statement is an untruth. Sher aau spoke of it as an idle board. There 3 no idle money in the Treasury of the Jnited States. There has been no idle ilver money in the Treasury, except hat which lies behind the Treasury totes, to the extentof $35,000.000. The tatement made here by a member of he Committee on Finan ce (Mr. Sher man) and sent broadcast to the world ;hat we havea hoard of $364,000,000 of die silver money in the Treasury is un ?vorthyl a place in this Senate. It Is tbsolutely untrue, and is known to be matrue by every member of this body. kad yet that is the kind of food that le ed t0 the People by those who put this ountry on the gold standard; and who re not satisfied wiih having destroyed he industrles of the country, but are ow attemptingto disgrace us as Sena ore by showing that we are supporting ,bill infamous in its character, and by i nisrepresenting the facts to the people f the world. This debate has been I lost untair, as dobite hasialways been i n the pait of the men who advocate the old standard. It has been unfair in I nany respects. It is unfair, or else it acks in intelligence; and frequently it is infair and lacks in intelligence also. Every dollar of silver money that has een coined is doing money duty and is loing it with infnitely more poteracy ,nd power than any gold money that Is ni circulatlen in the United States. A nore unair and untruthful statement ould not have been malfde."1 Teller said that he would not consider t a very great disaster ii the country vere on a silver basis. It was on a gold asis now and the condition of the coun ry was not a happy one and it was a iotorious fact that countries which used iilver as standard money only were in ietter condition than the United States wvas in. This was the only country in hle world. Teller said, whose legisla ~ora depreciated is money. Why was it ~hat France could doat eight or nine hun ired millions of silver mone3? It was ecause no Frenchman ever dared to tand up in a legislative body in that :ountry and declare that the money of :ountry was not good money. It was eft 'for this country alonge to have its egislative members to repudiate the overnment money. Since 1878 there adi been a "continued attempt by the L'reasury Department to depreciate the ilver money of the country. All the ~reat commercial and banking agencies ii the country, led or supportedl by the ~reat metropolitan piress, had been ndeavoring to make the people believe hat silver was unfit for money and it vould not discharge money duty. l'he 5enators from Ohio, Wisconsin and )regou (Sherman, Vilas and Dolph) had old the Senate that the American sil-1 rer dollar was a forty-five cent, dollar.1 'But." Teller asked, "has it any where ailed to buy one hundred cents worth1 f anything which anybody has to seli? t is true that measured in gold it will mnly bring 45 cents. bait measured in onirmodities it will buy sixty per cent. nore of wheat, of corn and of cotton han it did in 1872. It is a dollar which s as good as gold." George (Dem.) of Mississinpi argued n support of the bill, although lhe ad nitted that it was "artificially drawn, napt in expression and with some am ilguity in it. 1t was not, he said, a feee coinage neasure. lie wished that It were, if here was any chance of its becoming aw. The bill proposed only to require a specific terms the coinage of silver Iready pu chased, already owned by the overnment andl already 'quired by aw to b3 coined. While Gee ge was still speaking, the tour of 2 o'clock arrived, and then Hiar 'is (D~em ) of Tennessea rose and de nanded in acco dance with the terms of mnanimous consent, that, the vote be aken on Mr. Allison's motion to rec in sider the vote ordering the bill to third eadiing. The vote was taken'and the notion was disagreed to--yeas 28, nay. 15, as foliowe: Yeas-Aldrich, Allison, Brice, Caf ery, Carey, Chandler, Cullom, Davis,1 Dolph, Frye, Galhinger, Hale, Hawley, loar, Lodge, McMillin, MacPherson, {andrsan. Mitchell of Wisconsin, Mr rill, Pal-ner, Proctor, Quay, Smitt Stockbridge, Vilas. Washburn, Wilson 28. Nays-Allen. Bate, Berry, Black burn, Blanchard, Butler, Call, Camden Cockrell, Coke, Colquitt, Daniel, Du bois, Faulkner, Gibson, Gordon, Hans brough, Harris, Hill; Irby. Jones c-f Ar. kansas, Kyle, Lindoay, Martin, Mills Mitchell of Oregon, Morgan, Murphy. Pasco, Peffer, Perkins, Pettigrew, Pow or, Pugb,Ransom, Roach. Shoup. Squire Stewart Teller, Turple, Vest, Voorhees, White, Wolcott-45 The Democratic Senators who voted In the affirmative were: Brice, Cbfl'ery, MfcPherson, Palmer, Smith, and Vilas. rhe Republicans who voted in the nega ive were: Dubols. Hansbrough. Mitch ill of Oregon, Petturrew Power. Sboup, squire, Stewart, Teller and Wolcott, L'be three Populist Senators, Allen, Cyle and Peffry, vo'.ed no. Manderson (Rep.) of Nebraska then noved to refer the bill to the Committee in Finonce with instructions to amend t so as to provide that the silver certill iates shallby increased owily in anticipa ion or In lieu of the seigniorage. He said hat the bill had been characterized iven by its friends as crude, rough and ingramatical, and that the debate had bown that those who understood the English lanauage were at sea as to what he bill meant. Manderson's motion as rejected, yeas 27, nays 44. Then it was proposed by Harris to ibrogate the agreement that the re nainder of the discussion be under the lve minute rule. He proposed that the lebate be general, a vote to be taken at I o'clock tomorrow on the passage of he bill. Unanimous consent was given ind George resumed his argument in upport of the bill. George was followed by Carey (Rep.) >f Wyoming, who argzued against the ifll and then at 5.25, after a short exe utive session, the Senate adjourned. The Murderers Sen. COLUMBIA, S. 0., March 12.-The bread of circumstances woven around andrews, Weeks and McCloud as the nurderers of Mr.Gayden grow thicker L'wo gentlemen who arrived from Eas. 'over this afternoon report that the 'hree men were seen at the mouth of he Wateree river this morning paddle ing down it in a boat. They were pul king for all they were worth. A gov 3rnment snag boat is at the mouth o the river, and the people employed or It had not yet heard of the murder They met one of a party searching fo the murderers,who asked hadthey seei three men passing that way, The re ply was that three men had been seei n a boat, and the description of then tallied exactly with that of Andrew Weeks and McCloud. As soon as pos sible word was sent to Eastover, an the searching parties mapped out 6 line of procedure. Mr. Frank Weston Ur. Crousee and three or four others Immediately went to Sumter, where ;hey were to take the Charleston, sumter and Northern for Vance's near Phe Santee bridge, for the purpose of vertaking them. Another party com osed of twelve or fifteen men went on iorseback on either side of the river, md were to ride down and make a ;horough search all along the banks ind surrounding country. That these three suspected men ihould thus be seen together seems to e almost positive proof that they are he parties wanted. The chances for ?beir capture appeared good, as it is iardly possible that they can escape he posse on both sides of the river d that at the bridge. Unless some ,hing unforeseen happens, John Gay len's murerers will be captured today >r this week, at the outside. When hey are, it is a question whether they vilL be brought back to Wedgelld. II s believed that whatever caught they vlll be hung or shot on the spot. The ~haracter of the crowd precludes any much action. They will weigh the tee itimony and act accordingly. Hite Them Hard. For s-metime past the Lancastel Review and some of its subscribere tiave been having a controversy aboul 3ertain utterances of the Review. Lasi week communications were published in the Review from Messrs. J. F. Nis bett and James Cullina pitching into Ithe paper. The e'l tor replies in a twc column article and among other thinge uays: "Brothers Nisbet and Calline seem to be nursing a grievance of somi kmnd, but why do they come to the lRe view with their jeremaide? If thel lon't like the Review why do they reac It ? Suppose that the Rview is nol run as they think it should be run what right have they to complain ol Its management? One of these broth era is not even a subscriber to the lie view and the other, though he has beer taking the paper for two or three yearu has never paid us a red cent for it A~nd yet they have the cheek to tell us brough our own columns, that the pa per is not being run to suit them-thai it hasn't done this and it hasn't dont hbat, which in their stupendous judg nent it ought to have done. We are ilways glad to receive suggestioni nade in good faith by paying subscri aers, in regard to the management and editorial conduct of the Rieview, but ii nakes 'that tired feeling' come over ui to have persons who do not contribute mnything whatever to the paper's sup. port rear up on their hind legs, jerboa ike, and patronizingly tell us how te mttend to our own business." A woman's Body, ?4IAGARA FALLS, March 9.-A big sake of ice floating down the river to ward the Horseshoe falls, whirling in the rushing current and on it lay the ody of a woman, her head hanging iai f over the edge of the cake. As it was swept past Loretto convent the riuns were notifiedi 1y a sister who die :overed the dead woman, and as the Ice floated ny with its dead burden the auns prayed for the dead and dying. P~or an instant only the ice paused at ~he brink of the falls and then it was s wept over into the seething mass of water below. The body must have been Prozen to the ice, for several hours later it was seenin the rapids near the Am srican shorey by a number ofj people. L'he only way it would have gotten lown there was by passing under the )ig ice bridge which has formed. No mttempt was made to reach the body, 'or it could not have been secured ander any circumstances, it will noi 3e rescued before the ice ielts. It is iupposed the woman's body earns froir tip the lake somewhere. It was clat in a dress of darkr stunf SUICIDE IN ATLANTA. Usanuel Oheek's Checkered Career Sad donly Brought to a Tragic Cloae. ATLANTA, March 9.-Samuel Cheek a contractor, well known in the city an4 surrounding country died at the Grad3 hospital from the effects of two bullel wounds in the left breast; and thost wounds were inflicted by his own hand, For a number of years Cheek hae maintained relations of the most ami gable nature with his wife and children ilot a jar of discord ever marring the domestic felicity of wife and husband each appearing to have perfect confi dence in the other, while the sequel shows that, during all these years, in another part of the city, there has lived another woman known as Mrs. Sam Cheek. And this woman has borne him two children. How much longer this dual existence of Sam Cheek would have gone on can only be conjectured, but for the fact that Cheek became involved in litiga tion which resulted in a warrant being issued for his arrest; his having to hide out from the officers, and finally in a fit of desperation, admitting all to his wife and taking his own life. The woman with whom Cheek had been living was, when a girl of 10 some 10 years ago-taken to the home of Cheek and cared for a long time, she having no home, and later a permanent home was secured for the girl with Mrs. Cheek's sister living a few miles away from the Cheek homestead, which was then in a village about 20 miles f rom Atlanta. After a stay of nearly a year, the girl who had given her name as Bertha Cross, but whose real name was Blanch Clayton left her new home and after visiting the Cheek family, where she spent a few days, left them, declaring her intention of returning to her home -somewhere in South Carolina. And here begins the dual life of Sam Cheek. lie had become infatuated with the girl; brought her to Atlanta and set up a second nome. And, not withstandixg his family afterward moved to this city, for years Sam Cheek has managed to keep up his relations with this woman without ever exciting a breath of suspicion, either in the breast of his wife, or among those with whom he came in business contact. Remorse and reverses, however final ly so wrought him up, that he confessed all and wandered away in the night, a hunted criminal, and was afterward found by his son in an old house in the outskirts of the city dying from the self inflicted wounds. The boy had his father removed to the hospital where he died without re gaining consciousness. Double-Deallog Daniel. WASHINGTON, March 14.-I h iv just seen a card publisued in the Newf and courier, from the -Ion. D. A. J. Sullivan, :announcing his witbdrawa; from the race in the First Congression al District. The publication of this card, as well as reports that ihave been circulated in South Carolina, to the ef fect that I promised him to keep Dr. btokes out of the race, and the further fact, that some time ago while I was at home in Laurnes a re ort was pub lishod in the News and Courier that 1 had telegraphed for Mr. Sullivan to come to Laurens to get him to run for Congress in the First District, compels me to say that I have had no talk or communication with Mr. Sullivan upon this subject since he left Washington some time ago. Mr. Stokes was nom inated for Congress at Summerville, While Mr. Sullivan was here and upon learning it, the lat ter announced to me and others that he would not be a candidate. le left me fully impressed with that idea, and no man w as more starprised than I was, when he announced his intention to run, which he followed up by frequent visits to, and conferences in, Columbia, with which the public must be familiar. In reference to the Laurens incident I will say that there is not a word oi truth in that report. lie came to my house after having telegraphed from Charleston, my permission to see me at my home in Laurens, to which I consented. In conclusion I wish to say, and I hope that every honest newspaper that has published these re ports will do me the jussice to publish this letter, that I never promised Mr. Sullivan or any one else to. keep Mr. Stokes from running 'at any time, or asked, encouraged or advised Mr. Sul livan to run for Congress in that Con gressional District. J. L. M. Inny. Fell Deadl in Court. UNION, March 10.-Mr, Charles C. Culp, one of the most prominent and able lawyers of the- Unmon liar, diedl very suddenly to-night. While sitting in the bar listening to judge Melton's speeh inthe Sims case lie fainted. Dotr ere sulmmoned and he was taken in one of the jury rooms, where he died in ten minutes. Mr. Culp was just in the prime of life and apparent ly enjoying the best of health, ie was one of the plaintiff's attorneys in the Sims Jones case, which is now on trial here. lile had about an hour before completed his argument before the jury, and it has been commented upbon by many p orsons as one of the ableat efforts of his life, ie was an im pressive speaker and was a born orator. ie was about 38 year old and has been practicing at the PJnion liar since his graduation. ie leaves several bro thers and a host of friends to mourn his untimely end. Court proceedings were immediately suspended and lovig hands conveyed the remains to his home. The Pympathy of the entire community is with the family in their sad bereavement.-News and Courier. Victory for the State. CHIAJrLEsTrON, Miarch 13.-The State gained a decisive victory over the rail roads in the Unoited States Circuit Court today, when Judge Simonton filed a decree in the much litigated rail road tax cases. Last year the assess ment on all the railroad property was arbitrarily raised by the board of equalization. The railroads refused to pay the taxes on the increased assess. ment and carried the case into the United States courts. They, however, tendered the amount of taxces on the old assessment. The case decided to day was brought by D. 11. Chamber lain, receiver of the South Carolina Railway, to test the constitutionality of the assessment made by the board ol equalization. The court, in a lengthy opinion, decided that the assessment was not unconstitutional and orderi the receiver, to pay the State the bal t ance due anil also costs of the action. MURDER AT EASTOVER. MR. J. F. GAYOEN KILLED BY THE THIEVES HE PURSUED. Richlamd and Sumter Aroused by a Foul Murder-The Interesting story of Gay don'A Fatal Chase atter the Robbers Ready for a Lynching Bee. WEDGEFIELD, Sumter County, Uarch 10.-Mr. J. E. Gayden, a well-known and most nopular citizen of Richland County, who lives at E stover, was mur dered late last night near this place. Mr. Gayden, had taken a young lady home fron the 9 o'clock train on the Atlantic Coast Line, and was on his way back to hi, residence when he saw a light in the depot at EAstover. He called to the person in the depot think. ing that it was the night watchman. Thiv man in the depot ran and Mr. Gay den pursued him, but could not catch him. He aroused the whole town, but for various reasons no one would go with him to pursue the thief on account of the lateness of the hour. Mr. Gayden, is a very courageous man and determined to pursue him himself. He said he was going and he caught the next train. He got cff atthe Wateree junction and noth. ing more was heard of him until this morning, when his dead body was found lying along the railroa4t side a little dis tance above this place. He had a bul let in his neck and had been struck on the forehead by a heavy instru nent. The people here were mystified, but they knew Mr. Gayden and telegraphed back to Eastover. They suspected at once that he had caught up with the thieves and had been murdered. There was great excitement about Eastover and a spacial coach was attached to a freight train, which brought a large crowd armed wit i shotguns and pistols to the place this afternoon for the puv pose of searching for the murderer. Nothing was known as to who or where the murderers were, but there was a de termination pictured on every face to bring the murderer to justice swift and sure, without the formality of a leZal trial. How Mr. Gayden came to be shot is not positively know, but the theory Is that after getting off the train he came up with the robber or robbers and they shot him. The murderer fired five shots at him and then jumped out of the rail road cut and went some distance in an adjoining field. He came back to where his victim lay, probably io see what damage his bullets had done. All this is from tracks which were carefully traced from where Mr. Gayden fell. At a certain point in the field the murderer bad emptied the shells from his pistol and left them lying there. Mr. Gayden, before he left Eastover, borrowed two pistols and both of them were found on his person. One of them was In his hand but had not been fired. One cham ber was empty, but it was so when he got it. There are two theories advanced as to who the murderers are. One is, and it is the most plausible theory, that a negro named John Cloud did the kill ing. When the robber was in the depot he was trying to break open the safe. He had pulled of his coat and laid it on the floor, and when Mr. Gayden called to him he ran and forgot to take it away. It was found there last night, and the negro pump hand at Eastover positive ly identified It as a coat that he had seen Cloud wearing about sundown that af ternoon, lie had talked to Cloud and had no doubts as to the identity of the coat. Cloudd is from Sumter, but has been living near Eastover lately, lie has suddenly disappeared, and this In it self is a suspicious circumstance. Some gentlemen at this place are inclined to belheve that two white men were con nected with the killing. Two tramps and a negro were seen at the junction yedterday and they said they were go ing to Eastover, but would be back that night. The tracks leading fronm the place where the murder occtirred show that the man had about a number 7 shoe and had a high instep. The coro ner has been holding an inquest here to. day, but so fasr the above are in substance facts as developed. Mr. Gayden's body was brought to this place and was prepared for burial. It now lies in a box car on a side track, but will be taken back to Eastover to night. The crowd from Eastover that came down are the best citizen of the community. They are qaulet but deter mined, and should they catch the right man or men short work will be made of them. Mr. Gayden was a universally popular man and was prominent citizen of the vicinity, lie was at one time county comnmissoner, and was 'postmias ter at Eastover when killed. Hie leaves a wife and a larg~e family, It should have b sen mentioned before that Mr. (iayden knew the direction the robber took, and that is why he took the train to over take him, Hie carried a lantern, and this probably gave the robber the beat opportunity to shoot with fatal elect. The lantern was found a short distance from Mr. Gayden and it was still burn ing, only one shot hit him on the left side of the neck. The bullet was a 38-calibre and went clear through. It was picked up on the embavkment this morning covered with blood. John Cloud, the suspected man, is about five feet six in ches tall and Is rather heavy set. He is of a dark ginger cake color, and has one tooth out on the right side. Telegrams have been sent to Sumter and other points asking that a close watch be kept for such a man.-News and Courier. Tessed. SHIREYEtPORT, Lii., March 10.-Uni.. ted States Circuit Judge Boardman presiding on a jury trial, gave judg menit to the healrs of J. Leman vs. Knights of Pytbias, for the amount of the policy in that order, The payment of the policy was contested on the sul cidal clause. The aemount was $3,000. This was a test case. IMADRsD, March 10.-A dynamite cartridge was exploded today In Funte Rteboll, province ot Begovia, old castle. killing the alcsde, or localj udge, and also killing the sacristan of the local church, The explosion is believed to be the work of the nAm.ro.sst