The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, November 17, 1893, Image 2

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asp? -mr1-? oibfejisaby act bbciiiob The fl'owiug U the fiill text of Judge Wallace's decision in Iho ca?e nf ?' <? f?t*t?? Jchn 0'I>uDiiell, delivered et Anderson last week: The question as to the constitution*]'!/ of the Dispensary Act hen been much dlscueaed la the Stats, and ban developed consideisMe diversity of opinion in regard lo It. Home able and irnrned law/ere hold one opinion, and otbere equally as able and learned h?ld a different, opinion. I have my orrr. Ciia'oa wiiiew I >Hi proceed to announce without besita'ion or delay. 1. The motion wae to qnaah the indictment because, first, the Aet provided no {uinlshment for sailing liquor without a ioeuse. 1 may say, in passing, that the words "without a license," contained in the m ?. . 1 1 .1. _ PrM COUill, urr iiiern pui|>iu?ngv, nuu iuv offense charged in that of selling liquor. At common law crimes are divided into two c asses, namely, ^ r/ro/a in te and mala j/rohibita. To illustrate, wc have no statute declining minder to he a crime, or rape, or arson, or buig'ary. These crimes are described and puuisiiment provided for thein. They belong to ilio class described as mala in ?t. When the commission of sri act is prohibited by statute, it t e'ongs to the class of mala prohibit'/. The commission of an Act prohibited by rtatiuo is an offense bocnu?e it is u viola1 ion of law. Tito offense chaig.'d is prohibited by the Dispensary Act, and thus to sell liquor becomes a violation of law, and is, therefore, an offense. No offense creaied by statute is a felony unlo-* it is so declare Therefore the selling of liquor in violation of Beet on ti of tho Dispensary Act is a misdemeanor, and is punishable, if it it by any penalty provided in said Act, then under the Srovisioiis of tho ststuto, Bee ion 2053, evised StHtutes : "Section -CO.". in case of legal conviction, where do punishment is provided by sta ute, _ the Court shall award such sentence ns is to tbv coin nr. n usage and prae . lice In this state, according to tho nature of the offenso and not repugnant to tho Coust tutlon." 1 am, tiicrefi.ro, "f the opinion, and s HOW, Hint me Miense n? cixirgmi is [miuixm able uwlcr llio section I have ju?t quoted 'J. Tito next ground was I lint Kootion "I of the Dispensary Act, under which tin indictment i? !' anted, relates only to tin H'lle Iir ilIMtrillllt (III < f oiubi or associations for ilto u.sc of tlio iiiomttern The section rcfori'o I to reads ns follows "Sec. III. llveiy pet son who slrill <Ii rcclly r indirectly, keep or maintain, bj himself, or liy associating or combining will others, or who skull in any manner aid assist or abet in keeping or maiiitu mug tinj club room or other pace in which any in toxica'ing liquors are recei re I or kepi fn the purpose of harter or sale as a beverage or for distribution or division among tlx members of any club or a^soci ilioit, by nnj mentis whatever, mid every person win shall barter, se!l, or a-sisl or abet nnotliei in b'trieriug or selling any intoxicating liquors so received or kept, shall tie deemed gui ly of n misdemeitior, and upon oxivio tiou thereof be ponislio I by a tine of not less tItiiit one hundred dollars nor mots thnrt flro hundred rtnllars, and by imprison incut in lite county jail not less than ninety days nor no re than one year," It is clour that this section does not con lino its provisions to clubs and associations but includes the receiving and selling liquor in "any other place." IS. The third and last ground, and tlx inikiii around, is thai the Dispensary Aot i; 111101.11*111 lit ;< mil. Ami Ike argument unlit this biancii is concerned cliietly wit It tin purpose nf iIto Act, ami tlio question as li tlio police power of tlio Stale. There seems to ho huino confusion regardinfr 'lit* important iliMtinclion bolwoon tin Federal Constitution ami tlio Stale Const itution. 'l'lioy tire essentially d liferent in lltcii tint tiro. The Constitution of tlio Unitei Stales confers upon Congress certain well defined powers, ami such oilier powors_^lj On the other hand, (ho C institution of Sou'It Carolina bestows generally lego-dative p wcr upon tlio (Jencral Assembly with very few limitations; anil therefore, upon an issue regarding tlio constitutionality of an Act of tlio lie tie ml Assembly of tlio State, tlio questio i is : '-Has power to legislate upon the subject matter of tins Act been withhold by the Stale Constitution V' On this point 1 have hero an excellent authority which I shall read : ' "The pooplo of a Stnto, in creating ty their organic law a legislative department ! government, confer upon it the whole it their inherently sovere gn ami unenntrol'i <1 power of legi latioti, except in s fir as they liino delegated this power in respeel to certain rest net ions io the Con ress of il United Slates, an I except also in mi i n- n< they coiiteiup naneously impose clucks and limits upon the legislative nutliot it v. Hence the Levis'at ure ol' a State may < nacl any law (net infringing upon tlio < thee departments.) of any ehaiaeter or i n any subject, units* it is prohibited, either 111 cxpic.-s loniH or by necessary iiiipliealien, in the (' i i-iii'ii on of llit United Slates or of that S ate. In other words, the o<-hhiititti< ns are to he c nsuietcd ns limitations upon the l"gislotive power of the State, not ns grants power." (3d Am. and ling. Kncyc. of l.nv, 089.) in note two to the above quotation occurs th > following : ' The distinction between the United States Constitution and the State Constitution is, that the former confers upon Congress certain specified powers only, while the latter confers upon the Legislature id '"^is'attvc potvi. In tite one ease, the powets specitieilly granted can only he exercised; in ?lio other, all legislative powers not prescribed." (tilling People vs Klagg, !(> i*., 401 ! "age vs, Allen, >">8 Pa. Stat 1538.) Applying the doctrine just <ju ted, which must lie recognized as round doctrine, the unconstitutionality of the Uispensary Ac' must he made to appear from some limitation contained in our Siato Constitution tfsctf upon the power of the tlener il Asscm bly io enact such a law. > such limitation has been pointed out to me. nor am I aware of any such limitation either express or implied. Even if tho power of the (ieneral AsscmMy to enact the Dispensary law couhl be derived only from its police power, there can be 110 question that under that power t( would have ample authority t? restrict the sale of, or tho traffic in liqu r. Tho State has frequently done so in the past by slut utcs in ended to regulate and rcstiirt the trallic in liquor. without quc.-tion as to its right and authority so to do. This Act declares in its title that eueh is its purpose: ''An Act to prohibit.tlio manufacture and sale," etc , "except as herein provided." And its provisions undertake to accomplish that very thing by numerous limitations, such as restricting 1 he places at which liquor is to be sold ; the hours at which it is to be so'd : the rersons to whom it shall be unlawful t; sell liquor; the chavactcr of the persons by whom it is to he sold ; the not selling on credit ; the j rAiibition as to drinking on the premises ; the limiting the amount to he sold to purchaser*; the written applicat u n signed by each purchaser, and other rest run ions that need not be mentioned here. It appears upon the face of the Dispensary Act, as it stands upon the statute book, that 1 he purpose and primnry object of those who passed it was to diliiln -hed the -.ale :i .<I consumption of liquor, n*;d to iieerea.se the evils which are believe J to tesuii Jryin the WW 11 liquor traffic, for the |>ubl!c good. And I feel bound to say from my own observation that the Act seems to be accomplishing lint bencficient object. On this ground, an it appears to me, it ia without doubt a proper exercise of the police power of the fifate. It has ben learnedly argued to lay that the purpose of the Act was to rsi?e revenue. Hut it is to be collected from the Act itself that the raising of revenue is only incidental to the main purpose of the Act, which, as J k>? ?! ?? . ? kt'.i, ia to restrict ami regulate the sale of and traffic in liquor. And, as I understand the Chester cues, ex rel. Hoover and ex ret. droeeobels, our Hupreme Court has already decided that the . Act in question ia an Act to regula'e the aale of liquor. In these Cheeter cases our Supremo Court has said : "Having reached this conclusion that the said Act (the Dispensary Act) "being in effect an Act to regulate the sale of sprirituous liquors, the power to do which ie universally recognised, it is quite clear," eto. (17 8. K. Hup. 760.) Most of the argument against the constitutionality of the Dispensary Act made before me, and I may say elsewhere, seems to he directed more to the wisdom of the Act than to the power of the Oencrnl Assembly to pass the Act. The question is one of power and not of policy. As to the wisdom or unwisdom of Acts of the (Jencral Assembly t he courts liavo notliing to do. That is a question for tlio people. It is proveibial that ours is a government of the people, by the people and for the people , and it is for ???'>? 1 l?u tl>sa I. illni hnv to rtirrttnl mi* "1" I'VUJ.IV -J ?..w ? taken in legislation when they nro satisfied tlint such mistakes have been ma'lo by their representatives, nn<l not for the courts. It him been argued that the General Assembly hag no constitutional right to appropriate money to engage in l>usino*s. For all public purpofCH the nn??r of 'he General Assembly is absolute in the absence of couetitu'ional provisions. The name auihority | holds: ' The power of the Legislature in dispes> Ing of tho revenue of the State, and its discretion relating to such disposition, are oomplete and unlimited in the absence of , constitutional provisions." I '( Am. nnd ling. Ilncyc. of Law, tilt I.) The Sla'o is daily engaged in the sale of [ phosphate rock to individuals for reveB nue. If tho State ran own phospha'o terriB lory and sell the rock, it can purchase, if , viitt, |.l,.,a|>iiaie territory lor tho purpose of traffic in phosphate. It is without <|iiesliori thai the Stain owns both real and personal property, and can dispose of t, it at will. These instances I give to iilus, tra'n the doctrine. Hohling the views I have herein anuntinf cod I cannot ipinsli the indictment. Tho . motion to quash is therefore overruled. Ific JDccfifjj llnioit R. M. STOKER. - - Editor l Friday, Kov fin her 17, IH\KI. siiHscit/rriOiV, r>o n:u annum j POST OFFICE DIRECTORY. The I*. O. will l?c opened for htisincsH from H A. M. lo (i.OO P. M. ( Tlio Money Order Department will lie opened for business from A. M. l? ! 1'. M. Moil going Lust will close promptly nt , I2.Ill 1'. M.: going West I 1*. M. , Tlio mail will lie taken from the street box 0'icli ?lny at 12.40 I'. M. , Any inattention or irregularities should i to reported promptly to the 1'. M. It. W. II A Kit IS. 1*. M. " New Advortiscmonts. Wanted.?.1. IV. Mr Lure. r Sliorill's Allien.?J. (S. Long. ' Mustei's Sales.?0. II I'eako. Clerk's Sales.?.1. II. MeKisaick. ft. itrrmm psirtoT? James .M. (lee. . Cotton MarketLow grades ti{ 7. Middling cation 7| ( 7^. (i ml middling 7.to 7.'? "?. Sales for the week, diiO I ales. Cotton Seed, ItJ.i cents per hitslicl. iv iidv at vrrn All UA\A<nl HCl?lU 1 mil re illy warning money l? continue inv Im-iiiiMs, and cull uti all who owe lite lor miser.ptioii. advcili-inj; or J ?*? work lo coino forward promptly .iiol pay tlie:r hide Mcdno.-s. I!. M. STOKKtl. - I'.J" Vi e arc pleased to learn that while lluv. t'. A. It Jennings is still confined to his hcil, lie is somewhat improved, and his friends hope lo see him i tit again soon. - fi-j'" Wi> warn all persons against feeding storm injured corn to horses and mules. In cght eases out of ten it will cause Mind staggers" and kill them. flctjf" Wo iegret to stato that Col. I. CI. j Mckis-iok is confined to his bed, siill'oring \ intensely from a severe attack of acute rheumatism, (hat appears to be spreading to all parts of his body. . o lifciV" There has beets a iuinmi r i t delightfill iiitcrtaiiiiiicnis given the past week in honor of our highly accomplished visitors. .Mrs. Mcllrnyer and Mrs. Ilr.ee. of Shelby, North Carolina. The people are fast learning that they can secure CMIUARD ?>C HAUtlAlNS l-'Oll CASH from A. II. J'DSTKlt \ CO. Among the most prominent improvements in town, is the new ITaeksmiih shop ot ltobiusou \ Allen, on their lot opposite the lhiptist church. It was not a day before it was needed, both for safety and appearance. {42)" Don t forget that every new snbscrl- | bet and every old subscriber, paying all ar- j rctiragcs and one y car in advance, will re > euive iu addition lo the 'I'imks, free lor ! year, either the inrnnra JVteirl, or kiiiti. I lt? you want to *uv? money ami trouble, I "get u move on you" ami iraue with A. 11. FOsTKK \ CU. . u * The last day for faying lakes before iito penalty attaches is iHcemht-r, "1st. | 1 ton t forget that: ami don't you forget that , we give you timely warning tliat there will j be no extension of time. The IrotiMirer is j awful tired doing nothing. We ca1! attention to the correction of an error that appears iu every publicn- | lion of Judge Wallace's decision in the dis- I peusiry ci^e at Anderson. In the Jd line ' ofthe'.M par/igraph, instead of "we haven ' st..lute." it should i on 1 its we print ii. "we . | have no statute/' J Cfcjjr Tbc | resent Board of County Commissioners U-ire done what no oilier Donrd has <iccon.|Miiuf! >iui? inn war. I. e.f paid it* ordinary current expenses for tbn year, aluio>t to tbc laat dollar. We barn heard le*H complaint against the action of the Board than ever before, and wo may safely conclude that it ie a Board of capable and g'od men, in whose bands the business of fntr. of t!.? aouuiy u> c perfectly sate. By some oversight, or from some other cause, the legislature last year neg'ected to authorize the levy of a email tax for "past iodoMcduera" or the fax fur the retirement of railroad bords, consequently nothing cull be done by tho Commissioners to reduce tho obligations of the county in either of those departments. We Inpc the legislature wi'! comply with the request of the County t'ommi-sioocrs this year and authotize the levy of a euflic ent t ix to uicct n'l the demands for ordi Iiary C'lUllty I lirposes, ior me currcui jreir, and f>r past indebtedness, us well as for the retirement of the railroad bonds. It will he fur better for the people <o submit to n small tux f r the retirement of a certain number < f bonds every year than to be lixed, as they maybe, in a few years, tc meet the whole debt. Kvery bon l retired now lct>setis the interest bearing debt of the county, to be paid hereafter, that amount bet us bold up the hands and encourage honest and faithful officials whenever nml wherever wo find litem. We hit it right when we bought our J cam in the summer for cash, when the niillf were forced to shut down for lbs lack o money to operate on. Our Jeans tales ar exceptionally go >d for the season of th year, 'llio low j>ticea tell the Isle. A. II. FOSTER k CO. fltuT Th State Fair, it is now slated, wi? a financial fai'ure this year. Among th many causes assigned for the failure, w ...,l lean that the throng to the World' rmr was cuiisMorc<i one ; yet, judging trot litis vicinity, it was the greatest causi Thru? went l<> die World's Knir frttm tli place, i t tine dint went to die State Fair. The Summer reeortsj nil over the countr have bron almost failures from the sam cause. The Chicago World's Fair was a grand sui cess, linatioinlly as well as in evvry otlic respect. The siockhohlcrs made millions t dollars out of il. and all who visited tli great exhibition were well pleased. No doubt a large amount of money wt expended to make it the creditable exliib thai it was. but we arc inclined to thiti that tbe presH of tho country did more make it a success and received less i proportion for it than any other facto In fact, so fur as we know, die pre received nollrng. notwithstanding die appeared dining the Fair, from one to tlir< columns of illustrate I World's Fair matt in almo-t every weekly paper throughout tli country. The conductors of the press, particular of the country pros', are doing more grain tous labor and thereby contributing moro the nu cess of public and private cuterpris the 'mora', social and educational ndvanc incut of the world tlnn any oilier cla of people, while in all business traasactiu. Xyy ? 1 " ""?i it) l'l'|UilHisii on Millinery stock. This enables yen toidwaj get die inn,xi goods and fillet styles. H make the ruins i.mv, y<>u buy the goods ! A.M. 1 < 1ST Kit & CO. O President Cleveland and Clov. 'I'll iiian are g. tling nearer together. Fach on bus appointed Tlmrsday, the .'iOtli of th month as a day of thunksgicing ami prayci Now, as these high functionaries liav appointed a day for tlie people to unite i prayer and pra'r-o for temporal h!es-ing we suggest that the | oople of this Slate, any how. .solenin'y and earnestly unite in prayt to .VI in ip li I y tiod for a Messing I descend upon the l're-ident, the tloveruc and Senator Irhy, that they may he trill converted and work togitli< r in harnion for I he religious a'd so rial ad vniicement an the political pence ami h iruiouy of the pec pie. We hclicvc in the ellicaey of united, fei vent, honest prayer, and it is beyond th conception of mortal man what miracle nut; l.e wrought in answer to Hiielt a unite prayer on the '10th of this month, forth peace harmony and prosperity of the peopl of this whole country. It may bring a'l th recalcitrant politicians to their knees to j get her. - - - . ??-?>" Oar coiia.-p.>mli nt. Telephone tell us thut hog ?lrcvi is give notice that tin price of hogs on to t wiil l>e 7 to 7.lets That settles it with us. We cannot sei either sausage, backbone pie, sparerib, oi jowl and turnip greens for us this year a those prices. In tbo of what wo believe to lie tin farmers best interest, we are not much sorry for it. It is notice to them that bacon wil be nearly oat of their reach next year and may compel them to raise their owu h.acoti in self ilefer.ee hsrcaftcr. i in* - iirunniM corn in iiim year. useless and dangerous lor feci ling to oilier stock, would lie good for fattening hogs, and woiiM be almost enough lo fallen all (be ho;'; needed in I lie county. (.'OKSIMS. Wo call jovial attention ti t or i'tr/rel I'tttui'i Corbels, froiii 'Joe. 111>. We' have die A uiiominai. lor stout Indies. A. IJ. FOSl'KK \ CO. . ? . gcJt" Ciir highly esteemed venerable tricml, Col. I'.ivid Johnson, laid on our tubk last Moii,lay, a large ami handsome b >n<|iic( of I lie choicest chrysanthemums. for which we ret in ii the thanks of self ami family. Col. Johnson is one of (he most intelligent ami devoted tloiiciiltnristu in the .South, and we arc fdeasod to learn from liiiu thai lie has gone regularly ml o (be btisaieu mi I is j re mi red t > furnish plants id' (lie finest Chrysanthemums and other choice (lowers on short notice. - A ("an we live at these prices, SJ.-'O per do/.en fir Cabinet 1'liolos ? No, luit for two weeks i\e nil! make you a | resent of our o ik.y on pay lor materi il. At 11! II S Ait (Jal!e>y Lutou. ? ?= lUktNi PrtftttiH In a letter frc=s ??. J. a. Jefferiee h< reqaMii us to ?\j t#the Alliances compos log (he Townsh p njkoD wbleb were to ? eemtle et Sentac, ma "Saturday ImI, 11*1 inst., that a very mH ita and severe attacl of cholera morbus Irevented bis attendant-* as per appolnlSMa. Mr. Jefferiee says ' I reirret it tadssd, woi dope t* be able to fully rflcern my promise in th near fuinre. and Jjinrcly hope the brethrei wiil let me know when it will be their plcai ure and conveuiwtcc for me to visit tb Union. * ? m It's a little MtCf y?<. but we have a splen did lot of Breebty Loading Double Uarrt Guns, from t8.0Qmp. L A. H. FOSTER & CO. Dkath or ills IfrrriE McBcs.?Greeo ville, H. C., Nov* 8.?Mrs. Iletlie McBet I wife of AU-xandmr McDee, Sr., died (hi ) morning. Mrs. WrBes was a Miss Doyle) She first married Mr. Thurston. Squir McIJee was her sfcond husband, to whor she was married n 1869. She was a woma of strong charactA. yet tender and gentle loved and admicJ| by all who knew bei She was an actiTd and devoted member c the Episcopal Church. The Mcllees ;u 1 known throughout the Sta'e, snd the Doj > leys are an old [Aristocratic family. Mri I Mcliee was the notber of twelve children , We knew Mm. McBee when n gir "blooming intowwomanhood," and ca , safely say wo base never known a youn I lady who pooMBld greater attractions < face andcharfl^^Blian ?>?"c!cui ienu? hearted Hj|jM|^^|ptley. She belonged t one cf most highly respecte s CharlofIf we are not mistake f W 1# negro that so time! dteulolM^^MdflRkTTbrof the slaves < that white male inhst ants and*taty^^HMfon of the young whit< w onten, knolf^nNhe Charleston inBurre s "X" Maw 3Hai t v* j,, | r H injury to tbefl|u)rop by rain and dor ? this year, a Hjon from Providence, ir pressing upoJArn tlie fact that if they In js been true to interests und prepared f food crops flippy raising their own bra y and meat, they mould not now hnve fi lc the loss of theby storm, as what is u tit for.meal nnflOfcod for other stock is go B. for faMening hoi. "r bk&" Fraucisi B. Thurber, hend of t ' great Thurber Why land wholcsalo groce 10 company, of Ncm York, made an individi assignment, without preference. Liubiliti ,s estimated at ?8QD,COO, against $-,000,0 11 assets, the realization of the latter dependi k up in judicious handling and continuance lo business. Tbo company has been doinj busiuess of $125,000 a week. so The Union TimAs talks as if it must lu ie opposed iho Strajghtout movement of 181 1 >i?l it do so ??7w Stale. It certainly otopused the Mnskcll mo men); and that mVremcnt did more misch to tbo dcmocratinmrty in this Slate th . can bo overcome,? many years by leg mate, discreetly flfcanir.e l straighout den ^ cralic fighting. "A**"? 8 w',ere most of I trouble lies: TUflpaders in that movcmi aro nut the successfully lend etloit t) reorga^flp the democratic pa in this Stale noVw 1UJ ^ '"'W -TTTCIIJ r* I'erson&ls. 0 .Miss Fannie Tfrompetcr, who has bt visiting her sister, Mrs. II. M. Colion, s. iue weeks, went to Jacksonville, Floti . last .Monday, c Mr. t'ornwcll Jennings, of the Coluuil SlUllil Jirv w n? #l,o I.. r i.s_ , -J, ? ... ..... utv.ontc ui i11s si Is brother. Itcv. 0. A. B. Jennings. Our good old friend, Dr. A. K. Funt, en ed on us Tuesday and put n broad silv smile on our fnc?. i, Mr. Jasper Wilburn, of Wilburn 1*. ( inado his annual visi' t) the Timks olli< r ( dropped liis $l.f>0 in the slot, "and we d the rest," spent it. this week. >r 1 Ilev. t\ T. Scaifo and wife, now located WoodrutV, spent a few days in town th ^ week. i- Union County Baptist 8 S Convention. Mu. Kiutou. As the proceedings of il Union County Ihiptist Sunday School Coi volition has always been published 111 tl e columns of the Timks, and as your reguhi y correspondent was not there, I have bee I requested to give a short account of tl meeting : c The ISth session of this convention nn c utili tho Mt. Lebanon Church on Frida 0 before tlie 6th Sunday iu October. At tho appointed hour the Vice President J. W. Sanders, took the chair, and ns tli Secretary was IV. O. Jeter wti elected Secretary />ro tern. It being such a * unfavorable day it was lato wheu some < b the delegates reached the place, and tli convention was very mnill in aiteudanct only seven self ols being represented. No withstanding this, the Queries were ably di: r cussed, and to tho point. There were n t preachers until Saturday, wheu ltcv. \V. 1 MfenW-iu- ? active part in all iheT^? .J,. " , ' sonic good and interpsting spccclies. II 1 also preached the mfissiouarv sermon n I Sunday morning. The meeting was plco> ant and all were lively anil in good hurooi 1 There was not much money sent to the con vcntion, there being so few schools repre i snitrd. The delegates wcro most hospitti lily cired for and every family seemed nnx J ious to have some delegates. Judging frot the tone of the jollier delegates and speak ' ing for myself and companion, we all on joyed ourselves hugely. The next convention will EiicL with tli , iteuluh Church the Inst of December, an th it ehurelt is very anxious for a full atteii d Hire, feeling that they can make that par of Christmas to be well spent to all thos who u'tend it. W. 0. JkiKit, Dr. Jerome Miller's Card. 1 atu the ? nly living cancer doctor, ntv herehy notify all jack-leg doctors to kec] 1 oat of my way. I have discovered in the vegetable king doiii medicine to cure Cancer, lUieumatism Scrofula, Consumption, chronic diarrhc: a d every other disease you can meutioo including tax paying, and hereby warn a! i i hi posters to stop invading my plans, a once, or somebody will get hurl, sure. I My headquarters for the present is some where at I'mon C. II. When 1 move ti New York due notice will bo given. J t'.tlOMK Ml I.I.Kit, Cancer Doctor. Do y mi wear Shoes? Then buy i lieu j li m N II. I tISTKI! & Co., if you wan g od cLCs. Correspondence of the Tt*rs. r Revs From Worth Pseolot. Etta Jajik, Nor. 13.?Nothing hu occurred in tht backwoods daring the pent week that will interest the readers of the > Times this week. c We forgot lsst week to giro our opinion of t the question submitted to us by a "court of competent Jurisdiction" insde up princi" nallv aT T"!"1 i/epuqi, oneritfs, o Lawyers, Editors, l'rin'ers, newspaper core respondents. Doctors, Merchants, Clerks. B Teachers, wage workers and citizens generally. A man who is trying to shoot a squir'* rel follows it Around a tree, without getting e to see it, the squirrel keeping the tree between the man and himself all the time. The question is: Does the man go around I* the squirrel?" >1 The first and only thing for us to decide in this case is, what is meant by "going around " If a number of concentric circles are drawn, we eridently conclude that the outer or i* larger circle encloses (is around) the smaller >. ones. This being true, the circle made by > the man around the tree encloses that made r- by the squirrel nrouod the tree, and conse quently the man lias gone around the squirn rel.' Viewed in this light it matters little n whether the motiou of the squirrel be around I. the tree or up nud down it. it is practically ' aud logically the same, simply because the 'f man lias placed himself at every poiot of the e compass from the squirrel, nn<l therefore '* has gone around it. but, on tlie other hand, ' if the arg'imeut prevails that the relative ' positions of the inan au<l the squ'rrcl are 1, not changed by the motion of each, then the n mechanical conclusion is thnt the man ba< outgone around the squirrei. This, of course, '8 in our judgment, is the weaker of the twe >f arguments. Yet, nt the some ? i; >r cniiileu to such consideration as to make il 0 a potent fnctor in explaining the rjueuior what is meant by "going around." Whilt we do not claim that our judgment is cot reel n mechanical!;/, yet it is logically, and thereferi y those who difler wilt us are at liberty tc f appeal to the following committee chosen tc correct our errors . Messrs. Lem lJrown " Mike Sallars, and Mack Dorman. b* Several cows io this neighborhood wen c- made sick from eating drowned corn la<i week. Drs. brown. White and Sarratt were each called to see suite of the worst eases. Alit*n"^b t!"> ''C'.'.n.vu' 01 etcu na: 1C somewhat diffeent, yet each patient rem covered. n. Arnold C'nto, the picbulled colored man j came down from (intfney lust Saturday wit I the mail. To most people he is a curiosity or Our friend and brother, K. W. J., in hi id flippant description of our situation, resour j]l ccs and surroundings, went so far as to sti up the ireful ind'gantion of some of our lies noighbors who think he was reflecting oi tlicnt and the neighborhood generally. beputy Sheriff, John Wlntlock, wn around last week trying to regulate the do lie mestic aud marital affairs of a few house r.. holds in this section, lie is always trap . ging about what a good wife lie has, an u while we believe everything lie says aboe ics tlint, we can't help thinking how ball iOO cheated she and Mrs. Vox have been in th n_ way of husbands. . What say yon. Mr. Editor? There will bo preaching at Salem iicj Sabbath, l'Jth, instant Unless our Presbj terian brethren (Jo better in tlio futuro tha in the past they will soon find their churcl no Sunday school and prayer meetings all rn JO. mainly by Methodist forces. Especially i this true in regard to uunibcrs, at least, lit in committing the work to them we fed tin we are leaving it to true and loyal hand and henrts, Come ! welcome, weleotne. we an come, brethren. Vox iti j0. * The editor is too old and too smart I [hc have a wor l to say about it. We are not ;nt bit afraid of Vox and John Whitlock, but v nn have no wish to get into a fuss with the riy wives, by telling the public how badly the were imposed upuu iti their younger day " ?-?-- 1-1 ? rt"" Jonf.svii.i.k, Nov. l-'J. ? We have had son fine weather for several days, which In ,cn been appreciated by everybody. Farm wor is well up lor the sea on. The health c the country is comparatively good, Pec da pie say times a'e hard and money ecarei but it is no use to Iclephouc this news, fi l,ift '? ahead of the phone nn ' is known all over the land. c,t Cotton is rolling by t0 Trough Shoal pretty lively today. 1 ho farmers held u ill- selling lor a whdo for better prices, bit >er better prices did uut come and they hnvi commenced selitig again. Some large pota'oes have been reportc ).. in the Times. I.hi Mr i.i w i .e this place, corncs forward with the largos jj one I have yet hoard of. Ho laid a Ura Ziliail yilUl OU tho Tol?phona t-hlc It II other day that wciged six pounds. Mint Ward is a gn? d farmer and not only raise ;B largo potatoes, hat makes good crops al round, and generally lias large fat h"gs It kill. The pet it" crop is above- the avorcagt in ihis conminnity. ,e Mr. It. A. Whitlock has bought the beau I,, tiful residence of Mr. K W. Scott in out l0 town and his place is now to rent on gooii ir terms. Mr. Scott will not leave town. lie ,n only wants to get nearer Ifs store. 1C Mr. A. A. Uault has rented the residence of Mr. \V. I). Alinan and will move to town cl in a few days. Mr. Altitun is talking ol y going to Union to pursue his trade as contractor and huihler. lie has a natural gift I for mechanics an 1 architecture. Mr. Hamlet C. Smith, ?i' Union, and Mr. 1S Calvin Crocker, of Jonesviile, with the t ? families will leave for Texas about the 20tli jf inst. 1 am sorry to lose these men from lC our county I think they had better stay , in the old county where they have both done well. j. Miss Mildred Perkins is much better and ? will go down to l'inckuey in a few days to ? her uncle, J. C. Farrar's, to recuperate. ? MWrt scrioiis" sicifrtllS ; ln UfS-iller ttiiti three ehiltlrcn litre n returned from llowsvitle, 8. C., where they have been cm a visit for the hist eight weeks. Miss Lizzie Penny, of Abbeville, is on a visit to her uncle, Mr. 11. M Penny. ,. Mr. IJoyd L. (fames came down from (i-iffney Ci'y last Saturday and returned today, lie reports business fair in that ? town. Mr. Asbnry McGownn lutd a bail spell ol sickness a few days last week, but lie got better and went home I "day. Ills biuihcrs. e Win. and Albert came to see him while he j was so had. _ Mr. J. W. Crawford is preparing to build , a sale stable in Union. It w ill be located c on the lot belonging to his mother mid known as the Giles Sharp lot, near the I depot. Miss Mamie Ilailey ami Miss Kale llishop are teaching school at I lie Fair Forest an.I I llishop Academies, near .loncsvillc. [ Miss Dorr Whittock will tench at Klford Urove : Miss Mollic I.iltlrjohn at the I.in 1I* soy schoolhouse, ami Miss .lisie Mo al at llocky Creek. I nni glad to know that we a have many capable and eflici.-nl young !a?lic? in our county who can an I w ill take eh irge 1 of our schools, ami give sa isl'acti >n. 1 like t to see ('no ladies have positions of trust ami honor, hut I am not in favor of female sufl'ernge." > [ Mr. 0. IF Fow'er has surveycl ami ?li| vi.led the l?r. Metiowtiu laml, mar SUnil i Shoals, foa a division among the chihlnn. YKI.KI'IIONK. i i Don i " yoiitscl!, i oi n member for two I w? ol, on'\ ( ahiiut I'huSm at %'.'ill per ' cUuen at e^I'llSF ts i.ialUiy, Lniju. TSIBu1U TO OKPABTXO WOJtTH M MI8S ELLA WHITLOCK. 7? w October the 16lb, 1893, the sad iotelli- j, , gence reached me of the death of my ? teemed ftiend and Sister, Miss Ella Whit- er lock, ehich took place at her father's hoar MsLat labor, Luton County, 8. C. D( Miss El a, youngest daughter of Mr. and 8|1 Mrs F. O. Wh tlock, fas born In Chtster County, 8. C., Sept. 2'<th. 1868. There, in a rural home, with kind and indulgent a parents, she pa?sed the days of her girl- <v| hood. She there received that early train- |r ing of the mind which proved to be a well 8|| laid foundation for mental culture. There, in 1875, at the very tender age of 12 summers, she professed faith in Christ and was, g# by the Rev. L. C. Hinton, received and y* baptised into the fellowship of the Beaver Creek Baptist Church, Chester County, of v which she remained a consistent member until her withdrawal to unite with the l'bilippi Church, Union Co., in 1888. Soon after the settlement of her Father in y Union County site entered the Greenville Female College, from which she graduated in June 1882. After her graduation she took a l'ost Graduate Course in Richmond D Female Institute. Richmond. Va. She also FI spent screral months in New York City, w perfecting herself in drawing an I painting, In for which she had an especial fondness. A at number of beautiful scenes and excellent G portraits hang to-day upon the walls of the T! family homestead, showing tlie high degree | of excellence to w hich she had attaiued in this special art. | Completing her course of study she entered upon the noble wcr!: of training lite minus 0'| | of others, an avocation for which she was | highly qualified, both in mind and heart. i For some years she taught near her Father's ^ L home. January, 1890, she took a position ( as Assistant to l'rofessor Dnrgan, in tho = ( Gatluey City High School. She also assis'ed ( l'rofessor F. C Hicksoa, when lie succcedel Prof. Dar^uti au Pi'itivtfMtl vf tLw wwmw ' * ' Roth of these brethren spoke to the writer W of her superior fitness for the position of \ 1 Teacher. The Fall of 1891 sho assisted Miss Lancaster in her school, located at _ ' Oxford Miss. From Oxford she went to u Muskeg:;, T*uii... Territory, where she 1 taught for some mouths. She then joined her brother and sister in Fort Smith. Ark. It was here that she received the news of ' the atHiction in the family of her brother in1 law, Mr. \V. A. Moorhead, at Mt. Tabor, I and rctumcl to South Carolina. Upon her I 3 arrival home, Aug. 5th, she found her v nephew \V. A. Moorhead, Jr.. a bright and ^ I promising liny of l(j summers, suffering from an uttnek of Typhoid Fever. She took the II place of the nfllicted mother and ten lerly watched over liini until he was called tip higher, September 9th. From this home of sorrow she went to her fnilior's homo, to aid iii nursing her first j cousin, who was nls> suffering from hu ? t attack of fever. She was there seized with ( tlie same form of fever Sept. 2otli, and after ^ p throe weeks of bitter yet patient suffering ^ her gentle spirit passed into the better land, October lltli, 1803. March the 10th, 1880, I assumed the [m Pastoral care of tho I'hilippi Church, thon ^ a little band, meeting in a school houso near the residence of brother IV. A. Moor' head. On this, my first visit, I met Miss lilla. She was there deeply interested in ^ the work of tho Sunday school and the t church, ller gentle, yet womanly beariug I made a deep impression upon me. She seemed to be unconsciously working in 1 the lead. Working with her as her l'astor and learning to know her in the several relations of life demonstrated the correctness j, of my first impressiou In the Sunday j a school and in her church connection she (j jq was loved and honored by all. Her nssoci., ates in the Master's work sought lio.'opinion j II on nlmost every subject, and wheu received c y they treated it with marked respect. She i s. was zealous in her efforts to secure^ lb* ii imildinf in which.'1 I " which her body is now reso,),,,, lo am)') | niHsed by the Church and tin. Juit'y, .1 ? but in her influence for goo | she will yet live and speak. 1 have never known an l her of such tender years who exerted such a wholesome itilliieucc upon the social j j, and moral relations of a community, j In the home she was so tender, loving and obedient as a daughter, yet Father and s Mother trusted her an I so loved to do her I honor, ller brothers and sisters delighted , f? show her love an I esteem. She was the tigiit, joy ami center of tlio hopes if Iter e home. I he family will sa" : "No one cm take the p'nee of KUa." In the circle of her friends her presence was always inspiring. She p ssesscd an nuiinhlo disposition, ^ ' evi n temper, sweet spirit, kind y feeling, coupled with a profmnd respect for the ^ e feelings and wishes of others. A tnoro fie- " vout unselfish Christian 1 never knew. She F i drank deep from the well of Salvation. She knew her Master's will and d-d it. She ' could forget herself in Iter earnestness f>r the Salvation of others. Somo of the sweetest ^ relig ons conversations of my life were held with her. Knowing that she live 1 Christ, I ' know that Christ was her safety in doth. "Sweet be her memory.-' 0, ! Mourning relatives and friends, could she \ speak to y. it, she would say, "weep not, ! but conic up higher." May .God's grace 1 sustain you 1>. C. Lami'i.ky. 1 ,rt A I.kakku.?Since its firm iniioduciiou, Electric hitters has gainrd rapidly In popular favor, until now it is clearly in the lea I among pure medical tonics and alteratives? 111 containing nothing which permits its use as a beverage or intoxicant, it is recognized as the best and purest medicine for till ailments 1 of Stomach, Liver or Kidneys. It will cure Sick Headache, indigestion, Con-tipntion, and drive Malaria from the system. Satisfaction guaranteed with each bottle or tiie money w ll be refunded. Price only 50c. . Hack llonsK hii.t.uo.?As the liorsei in * the third race yesterday afternoon were hi coining in on the home stretch this hnrso dr Wade llmnptoi , a lino chestnut gelding di owned by Mr. 15. 11. Jeter, of Union, run fo against a post. One of Lis hind legs was Lrokcn in two places and Lis Lip nearly lorn or froin Lis body, lie was shot to put liiui out to of Lis suft'oring. Li The boy who was riding Lira was of be course 'roily hurt, but it is th -light not ( ' seriotis'y injured.? C"l Iir</isirr. to 0 ?. at (ii vn.\xr'Keo (The.?Wo auihori/.c our ad- a;e vertiscd druggist to sell l'r. King's New Discovery for Consumption, t'oughs and folds, ii] ou litis coa lition. If you arc II atllicic-l with a t'oiigh, Cold or any bung. >? I'lii oat or Che.-1 i rouble, an I will use this It remedy as directel, giving it a fair Inal, tli and experience iio beiietii, you may return "f the bottle and Lave your money r? fun ic 1. l>' We could n I make this oiler d -l we not el know that Dr. King's New Discover c >uM ve 1 he telied on. D never disappoints. Trial pr Ldlles free a' !' I' I'oscy > Drug Store. M I,urge s'ue ' "e. an-l ?I.in>. T. . *> lloMt: Amis.? W. J. Uki/ki.. who will be I ri-meinbered'Lerc as having formerly picsii tied in llie ollicc of Die Dallery I'aik Ii -tel as chief e ei k. i\ litrne yeslcrilay tVoni t 'liicigo, where lie was toniiec'ed with the II tel Norwin 1 during the World's fair. Mr. (let/.el will nssuiiie his old duties at the Mattery Mark t -an rr.iw. succeeding Ii. C. lingers. Mr. liege s, woo Ins been here several l ai.ths, wi?. I i\c i no'.r iw for Aiken, S. C., to lake chargi a- chief clerk f the High- i I iti>I I' irl. ID id, which op.-us en the 1 -> !i. I ? .1 :/<t ( (/.'(, ' I Govsasoa Tilimas was sot Iksvatbb Mr ^B s. W. B. Mbstzs.?GoTeroor Tillman my* V ft At the published reports in tbe pspsn wterday that be bs<l been insulted by Air. m . B. Meelzs were incorrect. He wyi be ' H <1 not go to Mr. Meetze's booth at tbe Fair B 'oun Is, but m?l him not far from tbe | itranca and spoke to him about tbe matter tcinu^ <.? oeer and thai sir. Meetxe did >t insult him, but spoke to bim iu a re- B iectful maoner. ^^^B The reason Mr. Meetie was not arreeted^^^B first by the constables was because quit^B B crowd of people were present, and r? and bi? friends were defiant, ouble had been precipitated innoc^B^^B^^F^ aoders would probably bare beei^H^BBB ? ?? ^iftBB^p Bocklrs's Arnica Salts.?Thet bee, ^ft^ il*e iu tbe world for Cuts, Bruises, Spre^t leers, fa't Itheum, Ferer Sores, Tetter, } tapped Hands, Chilblains, Corns, and all ft io eruptions, and poMtirely cures Piles, no pay required. It is guaranteed to ?... > u J'CI ICW SO' iginVklVti) Vt U.1WUVJ I. Price 25 cents per box. For sale by . F. Posey. >. WANTED: Ladies in search of Winter ress Goods, to see our line of all Wool lannels ; 40 inches wide. They are th\ armcst and most serviceable material fdB dies misses and children's wear. ThesB -e the colors : Cardinal. Scarlet, Myrtlei reen, Navy Blue, Brown, Grey, Black\ lie price it low. ^ A. H. FOSTER & CO. 1 DisrFNSARY INDICTMSKTS ThROWX OUT. M. . Nov. It?the grand jur^K r tips county Ins, so fnr. thrown out eveg^^^k idictment under the new dispensary I^^Hm though some of the cases were rongly supported by evidence. Jr List of Letters. J* Remaining in the PostofficoM ^ ??ks viiumg nvr?. i ftoO. 'es Mannigault |Miss . ry Cl?b J [r E 0 Vldal | Melt B Persons calling for the abotters will lease say if advertised, and wl require? \ > wuv f?? liieir deli* 1 R. W. HAR.P. M. \ Horse and Bugg [" F you want to buy a horse nnnuggy. or V-. L cither the Horse or Buggy, .11 on or rrite to O. W. WH11AN, iov. 17-40-lt. Jonesvc, S. C. Patrick Military Instute. ANDERSON, S. C. A RRANGEMENTS have been made to rv admit on January 1st, 18t4, 're?J^ hnrge for tui'ion, one meritorious y"u"? nan of limited means from each c0ttn ? _e he S'atc. The School Commissioners n ioen requested to make the ajtpo-n rem the respective counties, jr -f , com H for further particulars apply t?-me. J. L. WALKER. fl Nov. 17-4G-2L 4 The State of South Carolina. COUNTY OF UNION. ly.IAMF.8M. GEE. ESQ., Probato Judge; \\TIIEREAS. T. IV Wbitenides and T. J. VV 1'atrick have made suit to me to ;rant them Letters of Administration on the Istute of and effects of It. Milton Patrick, leceasod. These are, therefore, to cite and admonish ill and singular the kindred and creditors ,f the sud R. dnnia? ? ni'iit'ii the Dutch Process TO., HSiTier CP*?en ui. are used In the lav of Novembt. preparation of * & CO.*? judge Probate. Published on the 17th day of November, 80.1, in the Weekly Union Times. No*. 17-4G-2t. 3IDS FOR COUNTY POOR HOUSE. Orrn-K of County Commissioners 1 Union County, j Union, S. C., Nov. 1 Urn. 1803. 111IE selection of a Superintendent of the Poor Homo and its Inmates and Imager of the Poor House Fa-iu wiip ha 111 DAY, THE 1ST DAY OF DECEMBER NEXT. Applicants must file their scilel hi Is, Idresscd to the Clerk of tli s Board, marked i plain words on the envelope, BIDS FOR POOR HOUSE SUPERINTENDENT," t or before tho 30th day of November inst. 0 bids will be considered nftcr that diy. OAK AND PINE WOOD. Sealed Bids for tho furnishing of Oak and ine wood for the Poor House will aiso be iccived until the 30th day of November, -i , to "u considered on the day following, ccember 1. B:ds may be made in lots of 2 > Cords or 01 c. By order of the Board of County Comissioneis. CHARLES BOLT. Clerk of Board. Nov. 17-4G-.1t. SHERIFF'S SALESFOR DECEMBER, 1893. mine oi sunury executions to me ) directed, 1 will sell before the Courtlose door, in ?lie town of Union, on Mon* ly the fourth tiny of December next, tring the legil hours of Sheriff's sa'cs, tlie flowing desenbe l property, to-wit: One tract of land belonging lo W, S. Gregy, lying, being ?n I situate in Cro<s Keys wnsliip, Union county, containing one tr.drcd and n nely acres, nine or less ninde I >>y lands of James T. Taylor, Q, 8. rcgo:y and V.TJey Liwsoti. Levied on .mil lie s ?ld as the property of W. S. Orcgory the suits i f James T. Layton, Daiuiilt, ninst \V. S. Gregory, Defendant. also, All the right, title ami interest that T. J. arris owns in one tract of bin I, lyg, being and situate in Union township, ition County, containing two hundred atul irty acres, mote ur less, bounded by lands John McNeacc, Did! p Dunn, Samuel irmvlore, John Giles GaMnian, Ly li t Sinur and estate of Dr. L. 11. Meador, denied. Levied on and to lie so il as the iperty of T. J. Harris at the stirs of F. . Fai r ,v Co , and others, 1'1 liutitfs, agaitiH J. Harris. Defendant. J. 0. LONG, S. U. C. Sheriff's Office, November 11. 1803. Nov. 17-l'i-dt. < > T 1 O 12 . VLL persons iuileble I to tne for Guano ami supplies, will please make inline li itc settlement, as I am obliged to collect to inert toy iiiaiuring obligations W. II. 8AII I'Oll. Oct -? JLi It