The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, November 17, 1893, Image 2
JUDGE WALLACE'S DI8PEN8ARY ACT
I? DECISION.
The f.-l'oaitig is the full text of Judge
Wallace's decision in tho ca<e of (lie b'latc
vi. John O'Dunnoll, delivered at Anderson
last week:
The question us to the constitutionality of
the Dispensary Act has been much discussed
in the State, and has developed consideiaMe
diversity of opiniou in regard to it. Some
able and lrnrucd lawyers hold one opinion,
aod others equally as able and learned hold
ad ffcretit opinion, i have my own oj iuiou
which I * ill proceed to announce without
hesitn'ion or delay.
1. The motion was to quash the indictment
because, first, the Act provided no
punishment for selliug liquor without a
license. 1 may say, in passing, that the
words "without a license," contained in the
first count, are mere surplusage, and the
offense charged is that of selling liquor.
At common law crimes are divided into
two c asses, namely, mala in se and mala
?r?A,7..o? t? .11.
UI II* 3UUI *11 lUIlS* Ilir iliu U5f U1 lllf lliuiliucr?.
The section referred to reads as follows :
"Sec. 21. IS vet y person who shall directly
r indirectly, keep or maintain. by
himself, or by associating or combining with
others, c-r who shall in any manner aid,
assist or abet in keeping < r maintaining any
club room or other p ace in which any iutosica'ing
liquors are received or kept for
tho purpose of barter or sale as a beverage,
or for distribution or division among the
members of any club or n?soci itsoa, by any
means whatever, and every person who
shall barter, sc'l, or a-sist or abet another
in bartering or selling any intoxicating
liquors so received or kept, shall ho deemed
gui ty of o misdemeanor, and upon o>nviction
thereof be punisho 1 by a fine of not
less than otto hundred dollars nor more
rh?n five hundred dollars, and by imprison
ment in the county jail not less than ninety
days uor un re than one year,"
It is clear that this section does not contine
its provisions to clubs and associations,
but includes the receiving and selling liquor
in "any ether place."
It. The third and last ground, and the
main ground, is that tho Dispensary Act is
uncoustituticnnl. And the argument un ler
tins bianco is concerned chietly with the
purpose of the Act, and tho question as to
the police power of the State.
There seems to bo some confusion regarding
slie important distinction between the
Federal Constitution aud the State Constitution.
Tkoy are essentially different in their
nature. Tho Constitution of tho United
States confers upon Congress certain welldefined
powers, and Buch other powers only
as arc necessarily implied from such grant.
And when an issue arises as to the unconstitutionality/
of an Act of Congress, the
^mutter Qf tho Act been
by the
On the other hand, the Cnetitulion of
South Carolina bestows generally legislative
p ;wer upon the General Assembly with very
few limitations; and therefore, upon an
issue regarding the constitutionality of an
Act of the OeDcrul Assembly of tlio State,
a the qucatioiis: "Has power to legislate
i upon tho subject matter of tins Act been
I withheld by tlte State Constitution?"
On this point I have hero an excellent
authority which 1 shall read :
' "The people of a State, in creating hy
their organic law a legislative department of
government, confer upon it the whole of
their inherently severe gn and uncontrolled
power of lcgii lation, except in s f ir as tliey
have delegated this power in respect to certain
restrictions to the Oon.ress of the
United States, and except also in so f ir as
they contemporaneously impose clucks and
limits upon the legislative authoiity. Hence
the Legis'ature of a State may enact any
law (not infringing upon the ether departments,)
of any chaiacter or rn any subject,
unless it is prohibited, either in expresf
lermi or by necessnry implication, in the
Ccistitut 011 of the United States or of that
S ate. In other words, the constitution!
are to he c ns'deied as limitations upon tlx
legislative power of the State, not as grant!
power." (-Id Am. and Eng. Kncyc. o
L or, 089.)
in note two to the above quotation occur.'
th i following:
"The distinction between the Unitet
Slates Constitution and the Slate Coiutitntior
is, that the former confers upon Congress cer
tain specified powers only, while the lattci
confers upon the Legislature nil legis'ativi
power. In tho ono case, ilie poweis spcci
tic illy granted can only he exercised ; ir
iho other, all legislativo powers nut pre
mribed." (Citing l'copl.i vs. Flagg, 4f> Ii
i\, 401 : Page vs. Allen, ?">H Pa. Slat 338.
Applying the doctrine just quoted, whiol
must be recognized as sound doctrine, tin
unconstitutionality of the Dispensary Ac
u mniln in onninr frnin suinu liinita
lion contained in our State Constitution
itself upon tlio power of the General Asscin
bly to enact such n law. No such limiUiioi
has been pointed out to me. nor am I nwari
of nny such limitation either express o
implied.
Even if the power of the General Assent
bly to enact the Dispensary luw could b
derived only from its police power, then
cau be no question that under that power i
would have nmplo authority t-> restrict th
. sale of, or the traffic in liquor. Tho Stat
has frequently done so in the past by slat
utcs in ended to reguluto and restrict th
* ' trnilic iu liquor, without que.-tion as 10 it
right and authority so to do.
This Act declares in its title that such i
its purpose : "An Act to prohibitum ininu
facture and sale," etc , "except ns liereii
provided." And its provisions under Ink
to accomplish that very thing by nunierou
I limitations, such as restricting (lie places u
which liquor is to be sold ; the hours x
[ which it is to be so'd ; the rersons to whot
1 it shall be uiiAwrtu i<> sen n<|uor;
I character of ibe person* It; whom it is to h
I sold ; the not selling on credit; the prohi
A bition as to drinking 011 the premises ; t!i
B limiting the amount to be sold to purchaser1
B the written applies! ion signed by each pin
B chaser, and other reflfiOtlOSf that need DC
B he meutioned here.
B It appears upon tlio face of the l>i*peusar
B Act, as it stands upon the tttiule book, ilm
B1 the purpose and primary uljeot of ilioso wh
W m?wi i was to diiuiii'slivd the sale
|B consumption of liipior, and to decrease lb
Hj evils vvhioh ?r<! believed to icsult from th
declaiing minder to be a crime, or rape, or
arson, or bttig'nry. Tlicso crimes are describ
d and mniish ment. nrnviilnl for them
They belong to ihc class described as mala
in ?f. When the commission of an act is
prohibited by statute, it l c'ongs to the class
of ma/a firohibiln. The commission of an
Act prohibited by statute is an offense becnu?e
it is a viola'ion of law.
Ttio offense chatg*-d is prohibited by the
Dispensary Act, and thus to sell liquor becomes
? violation of law, aud is, therefore,
nn offense. No offense created by statute
is a felony uale-s it is so declare.*. Therefore
the selling of liquor in violation of
Sect on (5 of the Dispensary Act is a misdemeanor,
and is punishable, if u>t by any
pcnnlty provided in said Act, then under the
provisions of tho stHtuto, Sec ioti 2053,
Revised StHtutcs :
"Section 2G53. In case of legal oonviction,
jrT'" where do punishment is provided by sta'ute,
the court shall award such sentence ns is
*\,uhSm a^hlc to the common usage and practice
in thisTlaTP," sccortiing to the nature of
tho offense and not repugnant to tho Const tution."
1 am, therefore, of the opinion, and si
hold, that the offense ns charged is punishable
under the section I have just quoted.
2. The next ground was that Section 21
of the Dispensary Act, under which the
indictment is Darned, relates only to the
B'de or distribution of liquors kept by clubs
*.v. xrx. - - j^uibur
Friday, November 17, 1893.
sunscRirnox, $1 go per annum
POST OFFICE DIRECTORY.
The P. O. will bo opened for business
from 8 A. M. to 0.00 P. M.
Tho Money Order Department will be
opened for business from 6 A. M. to 4 P. M.
Mail going East will close promptly at
12.40 P. M.; going West 1 P. M.
The mail will be taken from the street box
e tch day at 12.40 P. M.
Any inattention or irregularities should
re reported promptly to the P. M.
K. W. HARRIS, 1'. M.
New Advertisements.
Wanted.?J. W. McLurc.
Sheriff's Sales.?J. G. Long.
Maslei's Sales.?C. 11 l'eake.
Clerk's Sales.?J. II. McKUsick.
Mortgage Sale.?'V. A. Nicholson.
Assignc s Sale.?C. W. Whisounnt.
Patrick Military Institute.?J. L. Walker.
IMda for County Per IIoum.?Ci>arJ?? Jtoit.
Citation?Ettxa of Andy Nance.?Janata M.
Oat. . . ?
Citation ?Eattitc of It. Milton Patrick.?
James M. Gee.
Cotton MarketLow
grades 0^ 0 7.
Middling cotlou 7\ 0 7'J.
G.'Od middling 7.55 to 7.05.
Sales for the week, 300 bales.
Cotton Seed. 1C.\ cents per bushel.
IN GREAT NEED.
1 nm really wanting money to coniinue
my business, and call on all who owe me for
subscription, advcit'fing or job work to
come forward promptly and pay their in
j dobtednoss. 11. M. STOKES.
tiuf" Vt'e arc pleaded to learn that while
Itev. C. A. 11 Jennings is still confined to
his bed, hu is somewhat improved, and his
friends hope to see him out again soon.
We warn all persons against feeding
storm injured corn to horses and mules. In
eight cases out of ten it will cause "blind
staggers" and kill them.
' <8<ay Wo regret to stato that Col. 1. 0.
McKis?ick is confined to his bed, sutroring
intensely from a severe attack of acute rheu1
mutism, that appears to be spreading to all
parts of his body.
There lias been a number of delightful
entertainnienls given the past week in
honor of our highly accomplished visitors,
Mrs. McBraycr and Mrs. Brico, of Shelby,
North Carolina.
The people arc first learning that they can
secure UNHEARD OF 15AKUA1NS FOR
CASH from A. II. FOSTER & CO.
flyjV- Among the most prominent improvements
in town, is the new b'acksmiih shop
of Robinson & Allen, on their lot opposite
the Baptist church. It was not u day before
it was needed, both for safety and appearance.
e _
j fitif Don't forget that every new subscrl0
her and every old subscriber, paying all are
rcarages and one year in advance, will re
coive in addition to the Timks, free for 1
e year, either the Farmers Friend, or Woman'
s '
kind.
8
. If you want to save money and (rouble,
n "get u move on you" ami irailo with
0 A. fl. FOSTEll & CO.
8 * * '
t &a?f" The last (lay for paying taxes before
t ihe peuuliy Attaches is .December, (list.
" Don't forget that; ami don't you forget that
? we give you timely warning that there will
i- be no extension of time. The Treasurer is
o awful tired doing nothing.
fitay* We call attention to the correction
of un error that appears in every publicay
tiou of Judgo Wallace's doeision in the disu
peusury case at Anderson. In the 3d line
" of the 'M paragraph, instead of "we havo </
(. statute," it should read as wo print it, "wo
c have no statute."
liquor traffic, for the publ'c gooff. Anff I
feel bounff to say from my own observation
that the Act scents to be accomplishing that
bencficienl object.
On this ground, as it appears to me, it is
without doubt a proper exercise of the
police power of the State.
It has ben learnedly argued today that
the purpose of the Act was to raise revenue.
Hut it is to be collected from the Act itsolf
that the raising of revenue is only incidental
to the main purpose of tho Act, which, as
I have already held, is to restriet and regulate
the sale of and traffic in liquor.
And, as 1 understand the Chester cases,
ex rcl. Hoover and ex ret. Groeacbols, our
Supreme Court has already decided that the
. Act in question is an Act to regulate tho
sale of liquor. In these Chester 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 is universally recognised,
it is quite clear," etc. (17 S. E. Rep. 75G.)
Most of the argument against the constitutionality
of the Dispensary Act made
before me. and I may say elsewhere, seems
to be directed more to the wisdom of the
Act than to tho power of the General Assembly
to pass the Act. Tbo question is one of
power nnd not of policy. As to the wisdom
or unwisdom of Acts of the General Assembly
the courts have nothing to do. That is
a question for tho poople. It is proveibial
that ours is a government of the people, l>y
tho people and for the people , and it is for
the people by the ballot box to corroot mistakes
in legislation when they aro satisfied
l.?t I.nwv !.???
i urn. suuu 111 ni<imm mm; uvcu lunviu uj uh ii
representatives, and not for the courts.
It has been argued that the General Assembly
has no constitutional right to appropriate
money to engage in businoss. For
all public pnrpnres the power of the General
Assembly is absolute in the absence of constitutional
provisions. The same authority
holds:
' The power of the Legislature in disposing
of tho revenue of the State, and its
discretion relating to such disposition, are
complete and unlimited in the absence of
constitutional provisions." (3 Am. and
Eng. Encyc. of Law, 091.)
The State is daily engaged in the sale of
phosphate rock to individuals for revenue.
If tho State can own phosphate territory
and sell tho rock, it can purchase, if
necessary, other phosphate territory for the
purpoHC of traffic in phosphate. It is without
question thnt tho State owns both real
and personal property, and can dispose of
it at wilt. These instances I give to illustrate
tiie doctrine.
llo'ding the views I have herein announced
I cannot quash the indictment. The
motion to quash is therefore overruled.
ITie jOeefily Union billies.
Biskness Prevented^
In a letter from An. J. 11. Jefferies hi
requests ui to say tq'tbe Alliances compos
lug the Township Ujjdon which were to as
semble at 8antuo,l>n Saturday last, lltl
inst., that a very Add en and severe attacl
of cholera morbus jKrevented bis attendant
its per appointraelt. Mr. Jefferies says
' I regret it very natch Indeed, but hope t
be able to fully rJeem my promise in th
near future, and sacerely hope the brethrei
will let me know When it will be their pleas
ure and oonvenhiBce for me to visit tb
It's a little eakMryet, but wo have a spier
did lot of BreeMt Loading Double Barrc
Guns, from $8.00tup.
L A. II. FOSTER & CO.
3? 4?.
Drath of Mb# IIkttik McBeb.?Green
ville, S. C., Nov.18.?Mrs. (Iettie MoBet
wife of Alexander McBee, Sr., died thi
morning. Mrs. MeBee was a Miss Doyle}
She first married Mr. Thurston. Squir
MeUce was her second husband, to whoi
she was married si 1860. She was a womn
B&T The ) resent Board of County Com- I
tuis'sioners have done what no othor Board
tins accomplished since the war, i. e., paid 1
its ordinary current expenses for the year, I
almost to the last dollar. We have heard i
less complaint against Iho action of the
Binrd than ever before, and wo may safely i
conclude that it is a Board of capable and i
g> od men, in whose hands the business affairs
of the county are perfcc'ly safe. 1
By some oversight, or from some other i
cause, the legislature last year neglected to
authorize the levy of a small tax for "pnBt i
indebtedness*' or tho tsx for the retirement
of railrond bocds, consequently
nothing could be done by tho Commissioners
to reduco the obligations of tbe county in
either of those departments.
We hope the legislature wU! comply with
the request of the County Commissioners
this year and authotize the levy of a sufficient
tax to meet all the demands for ordinary
county purposes, for the current year,
and for pnst indebtedness, as well as for the
retirement of the railroad bonds. It will
be far better for the people to submit to a
small tax f r the retirement of a certain
number of bonds every year than to be
t ixod, as they may be, in a few years, to
meet the whole debt. Every bond retired
now lessens the interest bearing debt of the
county, to be paid hereafter, that amount.
Let us hold up the hands and encourage
honest and faithful officials whenever nnd
wherever we find them.
/ *1
We hit it right when wo bought our Jeans
in the summer for cash, when tbe mills
were forced to shut down for tho lack of ,
money to operate on. Our Jeans sales are
exceptionally go >d for the season of the
year. The low j'tices tell the talo.
A. 11. FOSTER & CO. *
BtaT" The State Fair, it is now slated, was
a financial failure this year. Among the
tnauy causes assigned for the failure, we
have not rend that the throng to the World's
Fair was considered one ; yet, judging from
this vicinity, it was tho greatest cause.
Three went to the World's Fair from this
place, to otic that went to the State Fair.
The Summer resorts' nil over the country
have been nlniost failures from the same
cause.
Tlio Chicago World's Fair was a grand success,
financially as well as in every other
respect. The stockholders made millions of
dollars out of it. and all who visited the
great exhibition were well pleased.
No doubt a large amount of money was
expended to make it the creditable exhibit
that it wns, but we arc inclined to think
that the press of the country did more to
make it u success and received less in
proportion for it than any other factor.
In fact, so far as we know, the preso
received notlrng, notwithstanding there
appeared during the Fair, from one to three
columns of illustrated World's Fair matter
in almost every weekly paper throughout the
country.
The conductors of the press, particularly
of the country prcs>, nro doing more gratuitous
labor and thereby contributing more to
the success of public and private enterprises
the jmova', social and educational advancement
of the world than any other class
of people, while in all business transactions
there is a general disposition to grind them
down to the lowest notch, hardly allowing
, tjbeu: a living oIimo*.
Erorjr wo*k we have to replenish our
Millinery stock. This enables you to always
get the newest goods and latest styles. We
make the prices low, you buy the goods !
A. II. FOSTER & CO.
President Cleveland and Gov. Tillman
areg?tting nearer together. Each one
has appointed Thursday, the 30th of this
month as a day of thanksgiving and prayer.
Now, us these high functionaries have
appointed a day for the people to unite in
prayer and praise l'ur temporal blessings,
we suggest that the people of this State, nnyliow,
solemnly aud earnestly uuiie in prayer
to Almighty Cod for a r]>irilual blessing to
descend upon the l'ro-ideot, the Governor
and Senator Irhy, that they may be truly
converted and work togetlur in harmony
for the religious a :d soiinl advancement and
the political pence and harmony of the people.
We believe in the cdicacy of united, fervent,
honest prayer, and it is beyond the
conception of mortal man what miracle may
he wrought in answer to euch a united
prayer on the 30th of this month, for the
peace harmony niul prosperity of the people
of this whole country. It may bring all tho
recalcitrant politicians to their knees together.
Our correspondent, Telephone tells
us that hog drovers give notice that the
price of hogs on foot will be 7 to 7Jets.
That settles it with us. We cannot see
cither sausage, backbone pie, sparerib, or
jowl and turnip greons for us this year at
those prices.
In tho light of what we bclievo to be tlio
farmers best iuterest, we arc not much sorry
for it. It is notice to them that bucon will
be nearly out of their reach next year and
may compel them to raise their own bacon
in self defence lisrcaficr.
The "drowned" corn of this year, useloss
and dangerous for feeding to oilier stock,
would be good for fattening hogs, and would
be almost enough lo fallen all the hogs
needed in the county.
CORSETS. Wo call special attention to
our J'er/cct Fitlint/ Corseis, from 2bc. up.
We have the Auhominal for siuut ladies.
A. JJ. FOSTER & CO.
tt&- Our highly esteemed venerable
friend, Col. l>avid Johnson, laid ou our table
last Monday, a largo and handsome bouquet
of the choicest chrysanthemums, for which
we return the thanks of self and family.
Col. Johnson is ouo of the most intelligent
and devoted floriculturists in the South,
and we are pleased to learn frorn him that
he has gone regularly into the business and
is prepared to furnish plants of the finest
Chrysanthemums and other cboico flowers
on short notioe.
Can we live at these prices, $2.50 per
dozen for Unbind 1'hotos' T Wo, but Tor two
wcrka wo will make you n jreaent of our
work, you pay for material. At Ht^UlUE'd
Ait Uullciy, Union.
ofstrongcliaractt .yet tender nod gentle
loved and admin I by all who knew hei
She was an actiyi and devoted member o
the E}>isoopal G! urcb. The MoBecs ar
known throughoa . the Stato, and the l)oy
leys are an old iriatooratio family. Mrt
McBce waa the n >ther of tnelvo children
We knew M s. McBee when a girl
"blooming into eiwomanhood," and ca
safely say we bile never known a youn
lady who pomwd greater attractions c
face and, ohar^^BUian the vivacious tende
hearted Iiej fctley. She belonged t
one of &e bj^^Hhd most highly respecte
CharlaeIf we are not mistake
UiejfyM^^^^^^HFnpgro that so timel,
disclosW^^^^Mp>T"pW of the slaves c
that citjpQ^^^^Kj&he white male inhab
ants nnd-Xaly^^Hpfon of the young white
w omen, kifl^^HEtbe* Charleston insurret
Hon,
ffczf May farmers learn, in th
injury to the|^Mprop by rain and etori
this year, *|Ka from Providence, in
pressing upoufl&n the fact that if they ha
been true to flKirterests and prepared ft
food crops fltV/fcy raising their own brea
and meat, they prouhl not now have fe
the loss of thews by storm, as wbat is ui
fit for.meal ancupod for other stock is goc
for fattening hdX*'
fita?" FrancisWp. Thurber, head of tl
great Thurber Why land wholesale grocer
company, of NemYork, made an individu
assignment, without preference. Liubilitii
estimated at ?8(^,000, against J>2,000,0(
assets, tho realization of the latter dependir
upon judicious handling and continuance
bnsiucss. The cdmpnny has been doing
bu-iiuess of S125,(JOO a week.
The Union Times talks ns if it must hat
opposed the Streuhtout movement of 189<
Did it do so ??The Stale.
It certainly ofcposed the Haskell mov
mcnt; and that arakement did more mischi
this State tha
can be overcomu.a many years by legit
mate, discreetly t&enized straighout demi
cratio fighting. ^Ke's where most of tl
trouble lies : TbHbadcrs in that movemei
aro not the flE|o successfully lead 11
effort to raorgSBB: the democratic pari
in this State nfln
Take notice.JKr two week's only
StjUIltG'S ArtuUhry. Union, the price
Ca|>ia?t Pho?cH?MPv tr* rcduoxl one dolls
making them QM , p?r doicn. Hern cm b
wo roan ran roraSmffUfte after two weeks.
fersonals.
Miss Fannie ;l|ompeter, who has bee
visiting her sister,, Mrs. 11. M. Cohen, ft
some weeks, went to Jacksonville, Florit
last Monday.
Mr. Cornwell Jennings, of the Columh
Seminary, is at the bedside nf Ida at.
brother, Re*. C. A. B. Jennings.
Our good old friend, Dr. A. E. Fant, en
ed on us Tuesday and put a broad eilv
smile 011 our fac;.
Mr. Jasper Wilburn, of Wilburn P. (
inndo his annual visit to the Times ofli<
dropped his $1.60 in the slot, "and wc d
the rest," spent it, this week.
Rev. C. T. Scaife and wife, now located
Woodruff, spent a few daya in town tl
week.
Union County Baptist 8. S. Convention.
Mr. Editor. As the proceedings of t
Union County Baptist Suudoy School C<
vention has always been published In t
columns of the Times, and as your regul
correspondent was not there, '1 have be
requested to give a short ncoount of t
meeting :
The 18th session of this oonvention n
with tho Mt. Lebanon Church on Frid
before the 6th Sunday in October.
At the appointed hour the Vice Presidei
J. W. Sanders, took the chair, and as I
Secretary was absent, W. O. Jeter w
elected Secretary pro tem. It being such
unfavorable day it was late when some
the delegates reaohed the place, and (
convention was very small in attendan
only seven sch< ols being represented. N
withstanding this, the Queries were ably d
cussed, and to the point. There were
preachers until Saturday, when Rev. W.
Smith enmo >* Jul added largely to I
interest oi iu? CoC.?? _ A .
active part in all !,00* ?
some good aqd interesting speeches,
also preached ihe SBMiooary sermon
Sunday morning. The meeting was pie
ant and all were lively end in good bum
There was not muoh money sent to the c<
vixit inn tliorn Kptnfr tin four unhnnla mn
,vu"v"i b "" " ' r
seated. The delegates were most liospi
bly oared for and every family seemed ni
ious to have some delegates. Judging fr
the tone of the pother delegates and ape;
ing for myself and companion, we all
joyed ourselves hugely.
The next convention will meet with
iteulah Church the last of December, t
ih it church is very anxious for a full att
d nice, feeling ilint they osu make that f
of Christmas to bo well spent to all th
who aitend it. W. 0. Jetkh
. ?
Dr. Jerome Miller's Card.
1 am tho only living cancer doctor, i
hereby notify all jack-leg doctors to k
out of my way.
I have discovered in the vegetable ki
dom medicine to cure Cancer, Rheumeti
Scrofula, Consumption, ohronic diarr
and every other disease jou can ment
including lax paying, and lioreby warn
imposters to stop invading my plans,
once, or somebody will get hurt, sure.
Mv hendanarters for ihe present Is so
where at Union C. II. When 1 movi
New York duo notice will be given.
Jrkomb Mim.ru,
Cancer Docto
l)o you wear Shoes? Then buy il
1 from A. II. FOSTMl & Co., if you *
good one*.
ff .*
Correspondence of the Times.
t News From North Pacolet.
Etta Jane, Not. IS.?Nothing has c
curred in the baokwoods during the ps
week that will interest the readers of tl
* Times this week.
i We forgot last week to give our opinion
B the question submitted to us by a "court
competent Jurisdiction" made up print
: pally of Trial Justices, Deputys, Sherifl
o Lawyers, Editors, Primers, newspaper cc
o respondents. Doctors, Merchants, Clerk
Q Teachers, wago workers and citizens gene
ally. A man who is trying to shoot a squi
rel follows it around a tree, without getiii
? 10 see it, mo squirrel keeping the tree b
tween the man and himself all the time.
The question is: Does the man go arout
i" the squirrel ?"
)1 The first and only thing for us to decido
this case is, what is meant by "going around
If a number of conceutric circles aro drawi
wo evidently conclude that the outer
larger circle encloses (is around) the small
> ones. This being true, the circle made 1
s the man around the tree encloses that mac
' by the squirrel around the tree, and cons
e qucntly the man has gone around the squi
n rel." Viewod in this light it mattors litt
u whether the motion of the squirrel be arout
>i the tree or up nud down it. it is practical
' and logically the same, simply because tl
f man has placed himself at every poiot of tl
e compass from the squirrel, and therefo
has gone around it. but, on the other hati
' if the argument prevails that the rolatii
positions of the man and the squirrel n
I, not changed by the motion of each, then tl
n mechanical conclusion is that the man b
not gone around the squirrei. This, of cour?
8 in our judgment, is the weaker of the tv
if arguments. Yet, at the same time, it
r entitled to such consideration as to make
0 a potent factor in explaining the queuii
. what is meant by "going around." Whi
we do not claim' that our judgment is coire
n mechanically, yet it is logically, and thcrefe
y those who differ wi<h us are at liberty
appeal to tho following committee chosen
correct our errors: Messrs. kern brow
1 Mike Sellers, and Maok Dorman.
i- Soveral cows in this neighborhood we
?. made sick from eating drowned corn la
week. Drs. Brown, White and Sarrni
were each called to see some of the wor
eases. Although the treatment of each w
,e somewhat different, yet each patient r
m covered.
j. Arnold Calo, the pieballed colored ma
j came down from Oaffney last Saturday wi
the mail. To most people he is a curiosit
)r Our friend and Brother, E. W. J., in 1
d flippant description of our situation, resou
It ces and surroundings, went so far as to si
^ up the ireful indignation of some of our b?
neighbors who think he was reflecting
them and the neighborhood generally.
Deputy Sheriff, John Whitlock, w
around last week trying to regulate the d
ie mestic aud marital nffnirs of a few hou;
... holds iu this section. He is always tra
. ging about what a good wife he has, a
n while we believo everything he says abc
ES that, we cnu't help thinking how bad
X) cheated she and Mrs. Vox have been in t
way of husbands.
* What say yon, Mr. Editor ?
0 There will bo preaching nt Salem n<
tt Sabbath, 19th, instant Unless our Brest
(nrinn hpntlirnn fin lint I nr in t li a fiihirA 4 li
in the past they will soon find their churc
ro Sunday school and prayer meetings all r
0. mainly by Methodist forces. Especially
this true in regard to numbers, ai least. D
e_ in committing the work to them we feel 111
we are leaviug it to true and loyal ban
ef and hearts, Come 1 welcome, welcome, w
n come, brethren. Vox
i
o- * The editor is foo old and too smart
ie have a word to say about it. We are no
jt bit afraid of Vox and John Whitlock, but
in have no wish to get into a fuss with tli
ly wives, by telling the public hew badly tli
were imposed upon in their younger d*
Wo never expose the domostio trials n
"0r disappointments of sorrowing wives.
Corrcapondenoo of the Times.
TUs News in Busy Joneavllle.
Jonf.svii.le, Nov. 13.?We have had so
fino weather for several days, which 1
been appreciated by everybody. Farm wo
is well up for the sea on. The health
Jr the country is comparatively good. P<
la pie say times arc hard and money scan
but it is no use to telephone this news, 1
. it has '"done gone" ahead of the phone a
is known all over the land.
Cotton is rolling by to Trough Sho
pretty lively today. The farmers held
H. selling for a whdo for better prices, I
better prices did not come and they ha
commenced selling again,
Some large potatoes have been report
)., in the Times, but Mr. James L. Ward,
,e> this place, comes forward with the larg
one 1 have yet heard of. llo laid a 1?
zilian ynui on tho Tolephono tnble
other day that wetged six pounds, J
at Ward is a good farmer and not only rni
lis larg? potatoes, but makes good crops
round, and generally has large fat hogs
kill. The potato crop is above the averei
in this community.
hc Mr. 11. A. Whitlock has bought the be
)n_ liful residence of Mr. R W. Scott in i
j|0 town and his place is now to rent on g
[ftr terms. Mr. Scott will not leave town.
,en only wants to get nearer his store.
he Mr. A. A. Uaultlias rented tho reside
of Mr. W. E. Almnn and will move to tc
in a few days. Mr. Alman is talking
ay going 10 uoioii 10 pursue 111s iraue as c
tractor and builder, lie has a natural
nl for mechanics ami architecture.
Mr. Hamlet C. Smith, of Union, and ]
raH Calvin Crocker, of Jonesviile, with tl
an families will leave for Texas about the 1!
0f inst. 1 am sorry to lose these men -fi
Lj,0 our county. I think they had better s
co in the old county where they have both d
otl well.
Miss Mildred Perkins is much better i
no will go down to Pincknoy in a few days
p her unole, J. C. Farrar's, to reouperate.
lhe serious1" slclff
fjg in itlVf. TftrSfiller and three children h
0D returned from Rowsvitle, S. C., where t
BS. have been on a visit for the last eight we<
or Miss Lizzie Penny, of Abbeville, is c
Jn." visit to her uncle, Mr. E. M Penny.
,re. Mr. Boyd L. Humes came down f
ita- Onffnej Ci'y Inst Saturday and retur
nx. today. He reports business fair in i
om town.
ak* Asbury McOowan had a bad spcl
en. sickness a few days lost week, but he
better and went home today. His broth
the Wm. and Albert came to see him while
\nd was 80 kftd.
en, Mr. J. W. Crawford is preparing to b
l(.rt a sale stable in Union. It will be loci
l03C on the lot belonging to hie mother
known as the Giles Sharp lot, near
depot.
Miss Mamie Bailey and Miss Kate Bit
ore teaching school at the Fair Forest
snd Bishop Academies, near Joncsville.
eep Miss Dorr Wbillook will teach ot El
Grove ; Miss Mollle Litilejohn at the L
ing- soy schoolhousc, and Mies Josie Moot
sm, Rocky Creek. I am glad to know that
hea have many capable and efficient young Is
ion, in our county who can and will take oh
all of our sohools, and givo sa Ufacti >?. I
at to im lli? ladiaa has* posit ion* of trust
honor, but I am not in favor' of "ft?>e
sufferage."
s to Mr. G. B. Fowler has surveys I and
vided the Dr. McGowan land, near i
Shoals, fun a division among the childn
r. Tsi.ttnioJ
Item Don't fool yourself, but remember for
rout weeks on!y Cabinet. Puotos' at #2.60
doxenat Ft^lJlKE'S Gallery, Uoiou.
S
TRIBUTE TO DEPARTED WORTH.
o- MISS ELLA WHITLOCK.
st
110 October the 16lh, 1893, the sad iotelligoncc
reached inc of the death of my esteemed
friend and Sister, Miss Ella Whit0
luck, which took plnce at her father's hose
near Mount Tabor, Union County, s. C.
s' Miss El'a, youngest daughter of Mr. and
r" Mrs F. O. Whdlock, was born in Chcs8,_
tor County, 8. C., Sept. 2'ith, 1868. There,
r~ in a rural home, with kind and indulgent
r" parents, elio pa?sed the deys of her girlliood.
Sho there roccived that early traine~
ing of the inind which proved to be a well
- laid foundation for mental culture. There,
in 1875, at the very tender age of 12 summers,
alio professed faith in Christ and was,
,, by the Rev. L. C. liinton, reoeivod and
baptised into the fellowship of the Beaver
Creek Baptist Church, Chester County, of
cr which she remained a consistent member
until lior withdrawal to unite with the
Pbilippi Church, Union Co., in" 1888.
n_ Soon after the settlement of her Father in
r~ Union County sho entered the Qrcenvillo
. ~ Female College, from which sho graduated
|(l in Juuc 1882. After her graduation she
. took a Post Graduate Course in Richmond
T Female Institute. Richmond. Vn. She also
1 spent several months In New York City,
perfecting herself in drawing and paiming,
j" for whioh she had an especial fondness. A
' number of beautiful scenes and excellent
r0 portraits hang to-day upon the walls of the
family homestead, showing the high degree
as oi excellence to wnictt she had attained in this
|e special art.
V(J Completing her course of study she enterod
upon the noble work of training the minds
t of others, an avocation for which she was
)n highly qualified, both in mind and heart.
Ic For some years she taught near her Father's
ct home. Jauuary, 1890, she took a position
rfi as Assistant to Professor Dargm, in tho
(o (Jaflhoy City High School. She also assis'ed
. Professor F. C. Hicksoti, when he succeedei
^ Praf. Davf^n m Prtnvtfwl u n
' Both of theso brethren spoke to the writer
of ber superior fitness fur the positiou of
Teaoher. The Fall of 1891 she assisted
!. Mies Lancaster in her school, located at
' Oxford Miss. From Oxford she went to
9 Muskogee, Indian Territory, where she
a9 taught for some months. She then joined
e" her brother and sister ill Fort Smith. Ark.
It wits hero thnt she received the news of
the affliction in the family of her brother in1
law, Mr. W. A. Moorhead, at Mt. Tabor,
and returned to South Carolina. Upon her
1,9 arrival home, Aug. fith, she found her
jT" nephew \\. A. Moorhead, Jr.. a bright and
, , promising boy of 10 summers, suffering from
9 an attack of Typhoid Fetter. She took the
on place of the afflicted motlior and tenderly
watched over him until he was called up
higher, September 9tli.
?c* From this bomo of sorrow she wont to her
father's home, to aid iti nursing her first
cousin, who was also suffering from an
|Ut attack of fever. She was there seized with
, the same form of fever Sept. 2otb, and after
throe weeks of bitter yet pationt suffering
her gentle spirit passed into the better land,
October 11th, 1893.
*t March the 10th, 1889, I assumed the
' Pastoral oarc of the I'bUippi Churoh, then
an a little band, meeting in a school house
,|j near tho residence of brother W. A. Moorua
head. On this, my first visit, I met Miss
^ Ella. She was there deeply interested in
[ut the work of tho Sunday school and the
iat church. Iler gentle, yet womanly bearing
(lg made a deep impression upon ma. She
seemed to be unconsciously working in
the lead. Workin<r,with her as hor Pastor
aud learning to know her in the several relations
of life demonstrated the correctness
*? of my tirst impressiou In the Sunday
t a school and in her church connection she
wo was loved and honored by all. Her assooic-ir
ales in the Master's work sought he.'opinion
on almost every subject, and when received
ie7 they treated it with marked respect. She
ye. was zealous in her efforts to secure tho
,U(j building in which the Philippi church now
worship. No one perhaps will deny that in
her efforts and through her influence she did
more tlinu nny one else to soaure the completion
of Ibe neat oburoh building noir
which lier body is now resting. She will be
mo missed by the Church and the community;
,as but in her influence for good she will yet
rlt live nnd speak. I have never known
another of such tender yenrs who exerted
I0" such a wholesome influence upon the social
^c' and moral relations of a community.
',JP In the home she was so tender, loving
n" and obedient ns a daughter, yet Father and
Mother trusted her and so loved to do her
ft^9 honor. Her brothers and sisters delighted
UP to show her love and osleera. She was the
_ light, joy and center of tho hopes if her
ve home. The family will say : "No one can
take the place of Klla." In the circle of
her friends her prosoncc was alwa7s inspiring.
She possessed an amiahlo disposition,
even temper, sweet spirit, kind y feeling,
ra* coupled with a profound respect for the
feelings and wishes of others. A uioro deklp*
vout unselfish Christian I never knew. She
sef? drann deep from the well of Salvation. She
a knew her Master's will and d;d it. She
10 could forget herself in her earnestness fot
a?e the Salvation of others. Some of the swcetesl
religious conversations of ray life were held
ail~ with her. Knowing that she live I Christ, I
oup know that Christ was her safety in death
'ij "Sweet be her memory."
Mourning relatives and friends, could sin
speak to y^u, she would say, "woep not
nc0 but come up higher." May ^Ood's gract
lWtl sustain you
: or B. C. Lamplby.
ion- [ i
A Lkakkii.?Since its first introduction
.. Electr?o Bitters lias gained rapidly In popu
r* iar favor, until now it is clearly in the leai
I" r among pure medical tonics and alteratives?
' containing nothing which permits its use a:
rom a beverage or intoxicant, it is recognized a'
1 ay the best nnd purest medicine for ull ailment:
on? of Stomach, Liver or Kidneys. It will curi
Sick Headache, Indigestion, Constipation
ai[a and drive Malaria from the system. Satis
10 faction guaranteed with each bottle or tin
money will bo refunded. Price only 60o
1H8 * ?*
Hack Horse Kii.i.ku.?As the horses it
*vc the third race yesterday afternoon wen
boj coming in on the home stretch the hors
sits- Wade Hampton, a fine chestnut gclditif
" ft owned by Mr. E. 11. Jeter, of Union, rai
against a post. One of bis hind legs wa
roin broken in two places and his hip nearly tor
ned from his body. He was shot to put hitn ou
that of his suffering.
The boy who was riding hitn was c
I of
course badly hurt, but it is thought nc
got seriously injured.-?Cof Register.
era,
he Guaranteed Cuke.?We authorize our ad
vcrtised druggist to sell Dr. King's Ne<
uild Discovery for Consumption, Coughs an
(tied Colds, upon this condition. If you at
and afflicted with a Cough, Cold or any Lunj
the Throat or Chest trouble, and will use tlr
remedy as directed, giving it a fair trin
ihop ftnd experience no' beuefit, you may reiur
and the bottle and have your money rcfundc<
We could not make this offer d d we m
ford know that Dr. King's New Discover o>ul
>ind- be relied on. It never disappoints, l'rii
1 at bottles free a'- B. F Posey's Drug Ston
we Large size OOc. affd $1.00.
ulies ?
urge Home Auain.?W. J. Ortkrl, who will I
like renicmbercd^hero as having formerly pros
and ded in thr TS rut cry Park'hotel i
male chief cerk, relume f yesterday from Chiong
wlicro bo wax connected with the Hotel No
i di- wood during the World's Fair. Mr. Oeti
ikull will assume his old duties at the lintte
n. l'nrk ti-niorrjw, succeeding 11. C. Kogei
ik. Mr. Hogeis, who has been here sevoi
months, wilt leave tomorrow for Aiken,
two C., to take charge an chief clerk of the llig
per land I'ark llctcl, which opea* on tho lf>>
?AihtviHe Citum.
Governor Tillman was mot Insulted >r ^BV*
Mb. w. d. Mektz*.?Governor Tillman says
that the published reports in the papers
yesterday that he had been insulted by Mr. ^B
W. B. Meetse were inoorreot. lie says he
did not go to Mr. Meetze's booth at the Fair
grounds, hut mat him not far from the
entrance nod spoke to him about the matter ^B
cf selling rice beer And that Mr. Meetze did H
not insult him, but spoke to him in a respectful
manner.
The reason Mr. Meet 10 was not arrest sd^^^Bum
at 6rst by the constables was beoause
a crowd of people were present, and
friends were defiant.^^^^^^^^^^^B
trouble been precipitated innoq^^^^^^^^^^^B
slanders would probably have bcot^^^^^B^^^HB
Buckles's Arnica Halve.?The! bos,
Salve in the world for Cuts, Bruises, Sorsht
Ulcers, Sa't Rheum, Fever Sores, Tetter,
Chapped Hands, ChilhlAins, Corns, and all
skin eruptions, and posiiively cures Piles, T
or no pay required. It is guaranteed to F
give perfect satisfaction, or money refund- t
ed. Price 25 cents per box. For sale by
B. F. Posey. J
WANTED: Ladies in search of Winter
Dross Goods, to see our lino of all Wool
Flannels ; 40 inches wide. They are th\ J
warmest and most serviceable material fd^L / .
Indies misses and children's wear. Thes^B M
are tho colors: Cardinal. Scarlet,
Green, Navy Blue, Brown, Grey, BlaonHHgB
Tho price is low.
A. II. FOSTER & CO.
Dispensary Inpictmsnts Thrown Out.? ^hb^h
Greenville, S. C.. Nov. 14.?The grand
of th's county lins, so fnr, thrown out ove^^^BB^B
indictment under the now dispensary
although some of the coses were
strongly supported by evidence.
Letters.
Remaining in thoPostoffice at_BBB^HMBP^^^B
j L. 'b vtntiug ltwr, . i fllle
Wes Mannigault |Miss JlAry Clab
Mr E C Vidal | Mell I
Persons calling for the above Uters will
please say if advertised, and will Acquired
to pay one ceut for their deliver!
r. w. HARRIS*. m. ^b
Horse and Buggyl
[F you want to buy a horse nndluggy, or
either tho Horse or Buggy, wit on or
write to G. W. WHITIIAN, g
Nov. 17-40-lt. Jonesvim, S. C.
Patrick Military Institute.
ANDERSON, S. C. 1 H
Arrangements have been' mado to
admit on January 1st, 181)4, free of
charge for tubion, oue meritorious young
man of limited means from each county in
the State. The Sohool Commissioners have
been requested to make the appointment
from the respective counties. ^B
D. s^iaxwell. gj
the above
For further particulars appt^^roeT
j. l. Walker. K
Nov. 17-4G-2t. ^gg
The State of South Carolina.
rnnvrv np iiMrnv
j IIv JAMES M. ORE. ESQ., Probate Judge;
WHEREAS. T. 1\ WbResides and T. J.
Patrick Imvo made suit to me to
grant them Letters of Administration on tho
Estate of aod effects of K. Milton Patriok,
deoensod.
These are, therefore, to cite and admonish
nil and singular the kindred and creditor* |
of the said R. Milton Patrick, deoeased, i B
that tney be and appear, before me, in the V-'T]
Court of Probate- to be held at Union C. ,?M
II., South Carolina, on the 4th day of t|
comber next, after publication hcrcpf, ' ^ST? M
o'clock initio forenoon, to (how causo,
AO/ ? li ? v Jinvo, *rl?y ?l??s AAld A <1 rolnlatral*0' ??BBBl^Mj
should not be granted. H
Given under my band and seal this 16th B
day of November, Anno Domini, 1803.
JAMES M. GEE, M
Judge Probate. jrl
Published on tbe 17th day of November, il
1893, in the Wrkkly Union Times. * 1
Nov. 17-4C-'2t. f 1
BIDS FOR COUNTY POOR
HOUSE.
Office or County Commissioners 1 V
Union County. j \
Union, 8. 0., Nov. 13th, 1893. I
rnilE selection of a Superintendent of tho V
J. Poor Houso and its Inmate, and
, Manager of the Poor House Fa-ra will, bo ^
is)aJo on 1
. FRIDAY, THE 1ST DAY OF DECEMBER I
NEXT. f
\ Applicants must file their acilel bits,
addressed to the Clerk of th s Board, marked
. in plain words on the envelope,
i '-BIDS FOR POOR HOUSE SUPERINTEN.
! DENT,"
on or before the 30th (lay of November inst.
! No bi?Ja will be considered after ilmt diy.
^ OAK AND TINE WOOD.
.Sealed Ttids for iho furnishing of Oak and
Pino wood for tho l'oor House will also be
received until the 30th day of November,
in?t , to be considered on the day following,
' December 1.
I Bids may bo made in lots of *2or Cords or
mote.
ily order of the llonrd of County Commissioners.
CHARLES BOLT,
Clerk of Board. I
[ Nov. 17-40-31. J
SHERIFF'S SALES J
8 - FOR DECEMBER, 1898. ]
- -tri?..I.w or suwury wttouuuul fffHWr??
j D directed, I will sell before the Courtt
house door, in the town of Union, on Moue
day the fourth day of Deoember next,
5 during the legal hours of 9heri(Ta sales, the
n following described property, to-wit:
a One traot of land belonging to W. 8, flregit
ory, lying, being and situate in Cro?a Keys
t township, Union county, containing one
hundred and ninety acres, more or lea4,
?f bounded by lands of James T. Taylor, O. 8.
it Gregory and Wiley L-iwson. Levied on and
to be sold as the property of W. 8. Gregory
at the suits of Jautes T. Lay ton, Piainiifl',
1- against W. 8. Gregory, Defendant,
w also, ?
.1 All the right, title and interest that T. J.
o Harris owns in one traot of lan l, lying,
being and situate iu Union township,
in Union county, containing two hundred aud
1, thirty nores, more or less, bounded by lands
a of John McNeace, Philip Dunn, Samuel
], Uarnadore, John Giles Gailrann, Lydia Bini>t
clair and estate of Dr. L. E. Mcador. de
1U oeaseu. i.evieu on ana 10 be no a as the
ill property of T. J. Harris at the sui>a of P.
t. M. Purr & Co , and oilier*, PLiuliffs, agaioet
T. J. Harris, Defendant.
J. G. LONG,
?e 8. 0. CHheriffj1
ymemhar 11 IHAf
IN OT ICE.
el
ry A LL persons indebted to me for
rs. iV Guano and supplies, will please
al nmke immediate settlement, as 1 am
8. obliged to eolloot to meet nty maturing
;li- obligations.
h. W. II. 8AKTOR.
? Oct 27 U it,