Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, January 31, 1878, Image 1
lewis ivt. grist, Proprietor.j ;|it Jttiqjtttai Jfamilg ftttospptr: Jfor % $romotr<m of % political, j&ocial, ^griraltaral aab Commercial interests of % jSortj}. |TERMS?$3.00 A YEAR, IN ADVANCE.
VOL. 24. YORKVILLE, S. C., THURSDAY, JANUARY 31. 1878. NO. 5.
fcfr j^n #?giaal Jteg.
Written for the Yorkville Enquirer.
MARIPOSA ;
OR,
THE HEART OF A BALLET GIRL.
CHAPTER IX.
* When they entered the parlor of her
che&teau, Madame Preville, laying aside her
shawl and quilted silk hood, seated herself in
- i>ii.ii-konifoa okair near the window, and
a Ul^U'uvvavu Vuw?>
adjusted her gold-rimmed spectacles upon her
nose.
"Give me the letter, child/' she briefly
aid.
While she read it, Helen, standing near
the fireplace, indulged in various and rapidly-succeeding
reflections concerning the singular
and unexpected news she had received.
With one little foot resting upon the polished
fender, her hands loosely clasped before her,
her head, from which her straw hat was carelessly
pushed back, slightly bent forward,
0 - and her eyes fixed dreamily on the glowing
eoals, she stood motionless, and quite uuconsoious
that Victor, from a distance, was intently
and mournfully regarding her. His expression
was something more than mournful.
It had an intense hungering, yearning wistfulness,
pathetic, almost despairing. It seemed
to say, "Now I must look my fill, for soon
you will be lost to me forever."
In his own mind, she was lost to him al
ready.
Madame Preville read the letter through
very carefully, from beginning to end. Then
he went back to the commencement, and
went all over it again ; this time murmuring
pithy comments as she proceeded.
" 'Dear nieceyes, no doubt. It is surprising
how fond people get of others who
have become suddenly prosperous. 'News of 1
an interesting nature.' Highly interesting
to them. I can easily believe. H'm?h'm ;
a pretty property, I admit, very pretty. Not
difficult to imagine how greatly it enhances
the importance of its new possessor. 'Warmest
congratulations'?'sincere interest.' Dear, 1
dear, how remarkable that this wonderful interest
has waited until now to develop itself!
Oh! this 'dear uncle' shares the sentiment, of
course. He always manifested the most tender
regard for his brother's child. Poor innocent
angel ! Yes, madame, the son, too,
nndoubtedly entertains the most friendly sentiments
for the wealthy heiress. That is just
' *rT1- - ?-?i
SI It BbOUia 06. "lies ui uiuiuai iiwiwu- |
ship'?a close tie, forsooth. I can't make
out myself where the relationship comes in!
But no doubt they can explain it satisfactory '
ly, if desired. 'Recall to your mind the '
fact.' Bless my soul, it's the first time I ever 1
knew the fact was there to be recalled?I 1
don't remember any such arrangement.
H'ra?think of it! picture the anxiety of those
loving, simple, disinterested hearts, waiting '
to receive the poor exile from the land of the i
stranger, the cold, inhospitable foreign land? i
to the native home from which she has been i
banished so long. Hoping to become per- '
sonally acquainted.' There I accept your as- '
sertion, my dear madarae as absolute good
faith; give you full credit for sincerity in 5
making it. Dear, loving, affectionate Aunt '
Augusta; what a treasure your niece possesses I
in your regard I" 1
With which concluding remark, Madame
folded up the epistle and returned it to its ]
envelope. i
"A most astonishing letter, my dear Helen," \
she said aloud. Heleu started front her re- t
verie, on hearing her name, and comiDg for- \
ward seated herself on an ottoman near her (
old friend's knee. ]
I
" j i
"1 can naraiy realize 11 m an, sue icjuiucu.
"Realize your good fortune, you meau ?" f
"My fortune, good or bad, whichever it ?
may be. I am sure I doD't know whether I ]
am most pleased or sorry," answered Helen, s
with a puzzled look that confirmed this state- <
ment. ]
"Pleased I Of course you should be pleased, i
my child," said the old lady, kindly enough, <
but with a touch of sharpness in her voice. ]
"Reflect, it is not only the acquisition of >
this fortune, upon which you are to be con- <
gratulated, but so much besides?the dis- 1
covery of your relations' warm love and re- 1
gard, which they have never manifested be- ]
^ fore, and which I am sure must cause you i
great joy!" *
Helen's eyes met Madame's glance wonderingly.
She did not quite know how to in- I
terpret her words. <
"It is quite evident," pursued the latter,
"that they have only been awaiting a suita- i
ble opportunity to invite you to return home; i
and what better opportunity could be afford- i
ed than this, when it is only natural and i
right that you should hasten to unite your- <
Belf to them, that you may all rejoice togeth- i
er over your good luck, of which they are so
disinterestedly glad ! Their anxiety to welcome
you now is almost too great for expression,
as you may easily perceive." i
J.tie sarcastic mnexiou iu u?x vuiuo *??o
Dot to be misunderstood. The color came into
Helen's cheek, and she looked down.
"I know what you meaD, Madame," she
said, in a low tone; "you believe that this
anxiety is only attributable to the fact of my
sudden prosperity, which has made me of new
importance in their eyes."
"But then, what is more reasonable?" somewhat
ruthlessly continued her friend. "It
has been, no doubt, wholly with a view to I
your advantage that you have been suffered t
to remain away so long. A foreign educa- j
' tion is of course of immense importance to!
young girls from your country, where there are j
none but modern institutions. Then, too, you I
were removed from all the horrors of the civil j
war, while it lasted ; besides being in the enjoyment
of a salubrious climate, most benefi- j
cial to your health. All these, and other advantages
needless to enumerate, were doubt- !
less the cause of the admirable self-denial i
practiced by your uncle and his family, in !
permitting you to pass your childhood and ;
youth away from their fostering care, in the !
land of the stranger?the land where none
but alien hearts surround you, aod to which
you cannot too speedily bid farewell!"
Madame Preville had not intended to 6peak
with so much warmth. Iu the excitement of
her feelings, she bad permitted herself to fall
into a strain of reproachful irony?directed
not against Helen, but her relatives; but
which, nevertheless, was acutely felt by the
young girl.
"Oh 1 Madame," she exclaimed, in a trem
bling voice, while the tears rushed to her eyes,
"this land of the stranger and these alien
hearts, as you term them, are far, far dearer
to me than any others can be. To you, who,
in your generosity, took the orphan child to
your home, I owe far, far more, than I can
ever repay."
"Forgive me, my Helen?my love, my
cherished one," murmured the old lady, fondly
laying her hand on the brown glossy head,
now bowed upon her knee. "It was not of
you I was thinking ; but I should not have
spoken as I did. Think you I could ever
doubt the sincerity of your love ?"
Victor Duclos could not longer remain a
spectator of this little scene. He went out
of the room into the open air, leaving the
pair miogliDg their tears together, with a
fierce, restless, unspeakable grief and craving
at his heart. "What is their trouble com
??? ? - *1 Li ttA
paired witn miner ne mougm. yuo, u?
them is already old, and beyond caring mach
for any change or event in life which may
occur. The other is fresh, ardent, enthusiastic,
ready to turn with the eagerness of a child
to receive new impressions, which will quickly
obliterate those that appear indellible now.
If she goes?and who can doubt that she
will ??the memory of her home and friends
here will gradually fade from her mind, or at
least become of secondary importance, in the
interest and excitement of her new surroundings
; her new position. She will receive flattery,
adulation, be courted, admired, fawned
upon by worshippers who prize the gift upon
the altar rather than the altar itself. Her
vanity will be excited, her pure, simple nature
and ingenuous mind sullied by contact
with worldly associates and worldly influences.
Can I hope that under such circumstances
I will ever claim a place in her
thoughts? I should be a fool, indeed, to do
R/v yy
BO.
While he paced restlessly up and down a
garden path, secluded from view of the parlor
windows, chafing at the destiny which he was
powerless to alter or resist, Helen and her
kind old friend, gradually calming down after
the first outbreak of sympathetic emotion,
were beginning to discuss future possibilities
and plans.
"What ought I do to, dear Madame?"
oalro/4 and MarlflmA nns rpf}
UC1UU uau ao?uu, uuu ?
"My child, if your uncle desires it, you had
better go."
"But it will not be necessary for me to go,
will it? Cannot everything be arrauged
without me ? I don't know anything about
business," the girl pleaded.
"It may not be necessary, but it will be expedient,
mon enfant. There are many reasons
why you should not act against your uncle's
Bxpressed wish in this respect. One is the
Blaira which by right of near kinship he certainly
has upon you; the others?" she hesitated.
"What are the others?" asked Helen.
"Well, ch rie, to be frank with you, one
very important reason is the certainty that,
:f you remained here, your decision would be
imputed to our persuasions, from mercenary
motives?a desire on our part to keep you
with us in order that we might profit by your
wealth. Don't you see ?"
Helen sighed. "It is a hard case that one
ihould be obliged to regulate one's conduct
ay the opinions of the world," she said. "I,
tor one, should not care what any one
thought."
"But I should, dear child. I would not
lave the people, Monsieur votre oncle and the
est, cherish, for one moment, the idea that I
was actuated in my conduct toward you by a
tingle selfish thought. What I have done for
fou, I have done iu love, without dreaming
)f any recompense but your love in return.
Let it not be said, 'This worldly old woman
b profiting by her influence over the simple
jirl to reap a rich reward for having protectid
her and given her a mother's care all these
fears; doubtless it was with a view to some
tuch windfall that she has acted as she has
lone.' No, no, my Helen, return to your own
people, and let them see that not one restrainng
word has been uttered to keep you back,
)r to seek a favor at your handB ; and after j
fou are arrived at such an age as your laws
nay prescribe, to allow you a freedom or
jhoice, follow the dictates of your own
leart, and if that bids you return to your
iome and friends here, come and fill your old
alace among us, which can never be filled by
my one else, and I will say 'the blessing of
3od be upon your return!"'
Helen silently pressed the kind old hand
ibat clasped hers. For a moment her heart
? *? r..n c?
vyas iuu iuu iui opmt>u.
"Come, come," resumed Madame Preville,
in a more sprightly tone, "we will not dwell
upon melancholy thoughts. There is time
snough yet before this anticipated parting
must take place. Your education is not yet
entirely completed ; aud even after you leave
school, you may be permitted to wait a little
while before bidding France adieu. Let us
rather look upon the brighter side of the picture.
Think how much good you may accomplish;
how many hearts you may make
glad, with this vast fortune which has fallen
into your posiession."
"Yes, but I suppose until I am twenty-one
I will not be allowed to have the management
of it," said Helen.
"Then you will have the more time and opportunity
to lay and mature plans for the future.
You will do nothing imprudent, nothing
rash, but with careful choice and wise
discrimination, select your objects of charity,
of benefaction, consult your taste, your ambition,
your desires, and be prepared to carry
out your projects more to your own satisfaction
than if you heedlessly plunged, without
forethought, into their accomplishment."
"What a heavy responsibility money seems
to entail upon me," said Helen, peusively.
"At least, you need not allow the responsibility
to weigh upon you yet," rejoined Madame
Preville, smiling." There will be time
enough for that when you have the control of
your fortune, in your own hands, see now
late it is getting, and the fire needs replenishing.
Ring for candles and some fresh coal,
and then go and put away your things, which
you have forgotten to restore to their places,
and we will make ourselves comfortable for
the evening. Where, I wonder, is Victor?"
Victor was, at that moment, coming in out
of the chilly dusk, having schooled himself
into a stolid cotuposurt of aspect, which did
not deceive his aunt':- searching eye. She
looked at him inquiringly and a little anxiously,
as he drew his chair 'd opposite hers,
but said nothing in regard to the object which
lay near both their hearts. Indeed, there
was no opportunity for her to do bo, for Helen,
who had run up-staira with her hat and shawl,
returned immediately, and took her usual
place near the table, on which lights were
placed, her embroidery in hand.
"I must make haste now with this," she remarked.
"I may have a shorter time to comj
plete it in than I anticipated."
The evening passed as their evenings to1
gether commonly did. There was conversa|
tion, chiefly sustained by Madame Preville
and Helen, and, at the request of the former,
; even a little music. Helen played well,
j thought not brilliantly. She had also a sweet
voice, and sang with much expression. Victor
was passionately fond of music, and
usually took his station near the piano, sometimes
turning over the leaves of the music;
but on this occasion he remained at some distance,
as though afraid to trust himself to the
enjoyment of what he loved too well. To
stand by Helen, to watch her face as she saDg,
and occasionally to join in some familiar air,
had heretofore been a source of keen pleas
ure to him ; but now he felt, "All this must
soon be at an eud. Why, then, should I continue
to indulge myself in a luxury which
will be the more difficult to relinquish, the
longer I partake of it?"
Helen was the first of the party to retire.
After she had left the room, Madame Preville,
approaching her nephew, kindly laid
her hand on his shoulder.
"My dear Victor," she said, in a gentle
tons, "this is a heavy blow to us both."
"Don't let us speak of it now, Aunt," he
rejoined. "After a little while, perhaps, I
shall be able to bear it better."
"I don't think, however, that you need despair,"
she continued, "Helen is not the sort
of girl to be changed by an event of this sort.
Her heart is constant and true."
"You speak as if I had, or dreamed of having,
some claim upon her constancy," he replied,
with a dreary smile. "You forget that
I am nothing to her beyond an ordinary acquaintance,
or at least a friend."
"Nay, I am not so Bure of that, Victor; but
she is still too young to think of love. Of
course you have said nothing to her?"
"Of course not; and equally of course, this
inheritance of hers is an effectual barrier to
the possibility of my ever doing so."
"I do not see that," said Madame Preville
with energy. "You are not needy. You
have a competency, and, therefore, need not
fear having mercenary motives attributed to
you. Helen, I am sure, would be the last
person to dream of such a thing."
"Ay; but Helen is not the world. Besides,
who knows ? Money changes people strangely.
Perhaps she will not have been in possession
of this fortune long, before she aoquires
worldly ideas. She will find that her
wealth gains her flatterers and admirers, and
in learning to be suspicious and distrustful,
may distrust even the most honest arid sincere."
"Helen will never become suspicious or distrustful,"
confidently rejoined his aunt. "It
is not in her nature to learn such lessons as
you speak of."
"Allowing that to be the case, you must
still remember that I have no grounds whatever,
upon which to build any hopes of her
favor," answered Victor. "I would give my
right hand now to have profited by the opportunity
which has all this time been mine,
to have gained, at least, some idea of her
feelings toward me; but it has slipped from
me now?forever!"
"Helen, I am assured, will return to us as
soon as she is at liberty to choose for herself,"
said his aunt. "Believe me, Victor, these
people, among whom she is going, will never
usurp our places in her regard. When she
comes back to her old home, you will theu be
justified in revealing your true sentiments towards
her, and I have strong hopes that you
will not have waited in vain."
"You talk idly, ma tante," replied Victor, a
little bitterly. "Are you unsophisticated
enough, really to believe that, during the four
years which must elapse before she comes of
age, amid new surroundings, and all the temptations
of wealth, she will retain her present
ideas? For my part, I look forward to her
marrying long before the expiration of that
time. Her hand will, doubtless, be eagerly
sought after, and what more likely thau, amid
a crowd of suitors, that she should find one
pleasing to her fancy and her heart ? No, it
is best for me that I should put this dangerous
dream, in which I have had the folly to
indulge, at once aside, and, if possible, forget
that I ever cherished it. It is my only chance
of peace."
Wo annkft with such force that his aunt did
not venture again to contradict hira. She
thought that, perhaps it might be wiser, instead
of dwelling too persistently upon the
question now, to leave it to be eettled by time.
In her heart, she was inclined to wish Mrs.
Mary Forester's legacy at the bottom of the
j sea. She did not believe that the happiness
| of its recipient would be at all enhanced by
it, while it only threw difficulties and complexities
about her arrangements for the future.
It was her most earnest wish to see
Helen united to Victor. She loved them both
warmly, and felt that her nephew's character
and disposition were such as must assure the
! happiness of any woman whom he might sucj
ceed in wiuniug for his wife. She believed
i that, with sufiicient lime ana opportunity,
j Helen would have learned to regard him as
| he desired ; and what more natural than for
| them to continue to live with her in the old
chateau, (which they both regarded as their
i home, and of which Victor would become the
I possessor at her death) brightening it with
I their presence, and throwing a halo of con|
tentment and joy around her declining days ?
| It was a vision upon which she bad long loved
j to dwell, musing over it many a time, as she
I sat alone, with Victor engaged at his business
| aud Helen away at school; adding, contini
ually, in fancy some fresh tint, some enliven
! iug touch to the pleasant picture. And now
| she mtiBt cease to let it occupy her thoughts,
or, at all events, cease to find her former comfort
in it, since the prospect of its fulfillment
seemed so much fainter than before.
[to be continued.]
The Salt Lake Tribune reports the death |
of three childreu who had diphtheria, and j
says that it was due to the persistency with j
which their father prohibited the employment j
of remedies or the consultation of a pbyai-1
cian, he relying entirely upon the teachings j
of the Mormon elders that the laying on of
hands is the ouly neoessary remedy for healiug
the sick. The ward bishop was sent for
every day, aud laid hands upon them, This
was all that was done.
?0Utttg
THE BONPSOF YORK COUNTY.
Report of the York County Investigating
Committee.
To the Honorable, the Senate
and Home of Representatives :
The Commission appointed by his Excellency,
the Governor, to investigate and ascertain
the public debt of York County, report:
That there appears to be no county indebtedness
beyond eurrent expenses, unlesss certain
bonds, issued by the County Commissioners
of said County to the Chester and Lenoir
Railroad Company, constitute a debt of the
county. The bonds in question were issued
to the amount of $100,000. Eight thousand
!>??? Kaon Mtaro/i until 1 flOO half
UUliniO UATO UOVU 4 V?lt W4| ntku WW ?m.
yearly coupons, and 2,324 yearly coupons, in
pursuance of the provisions of the act of 1875,
directing a special tax to be levied to retire,
annually, $5,000 of these bonds.
There is now outstanding $92,000 of bonds,
with coupons attached. Of this sum, about
$43,000 are pledged as security for the purchase
of railroad iron, and $1,900 haye been
delivered to the County Commissioners, to be
retired when paid. The County Treasurer declines
payment, under instructions of the
Comptroller General.
The average realized from sale of bonds,
has been about 75 per centum. For particulars,
we refer to the statement of the treasurer
of the company and of the clerk of York
court.
These bonds were issued in pursuance of a
subscription, made on April 11th, 1873, by
the County Commissioners of York County,
for and in behalf of the county, under authority,
as they claimed, of the 11th section
of the act incorporating the company. It was
made by bonds, redeemable io 20 years from
date of issue. The act of 1875, directing tbe
retirement, annually, of $5,000, alters the contract
made by the commissioners and enforces
payment of that much of the principal
before it is due.
The operative words of the 11th section,
are that it shall be lawful for aDy county in
ICrWLCU III LUC UUUObI UUblVU Ul vuu awmm ?W
subscribe such sum and to be payable in such
manner, as the people or proper authorities of
such county shall deem best, determine and
authorize."
The said 11th section is a copy of a section
in the amended character of the Air
Line road, under which charter the question
of subscription was submitted to the people in
the counties of York, Union, Spartanburg
and Greenville, through which the road
passes. A popular construction, had, there:
fore, been given to the words "proper authorities,"
and the Legislature, in subsequently
granting the Chester and Lenoir charter,
must have intended that the words "proper
authorities" should be taken in the sense in
which they were then understood. Whether
the Commissioners had authority to make this
subscription and bind the county as a stockholder,
without the consent of the people, is
a question of much interest in York, both on
account of its magnitude and of the principles
involved.
Before the snbscription was made, a public
meeting of citizens was held in Yorkvilte, daring
nnnrt. week. It was a lar^e and resnect
able ooe. It was resolved, without any objections
from any one,
"That the County Commissioners of York
county, be requested to submit to the voters of
York county, on the 20th of May next, the question
of subscription, by said county, of $100,000
to the capital stock of the Chester aud Lenoir
Railroad Company."
Judge Mackey addressed the meeting, and
urged the people to vote the subscription.
He also expressed the opinion that the Commissioners
were authorized, by law, to make
the subscription.
The witness, Hullender, testihes that he
was present when the subscription was agreed
upon by the Commissioners; that Judge Mackey
(who had been sent for) informed them
that they had the power to subscribe, or they
could leave it to the electors as they chose ;
that Roberts, one of the Commissioners, remarked
they would not have an election ; the
1 j __i :u: :?
people were uppuseu iu buumiiuih^ , nuuiu
cost a great deal of money to have an election;
that Judge Mackey then said, go ahead and
put it on them anyhow?they had the power
to do 80.
L. M. Grist, who was also present, testifies
that he does not remember that Judge
Mackey used those words, ["put it on them
anyhow,"] or any words similar to them.
Daniel Williams and M. L. Owens, members
of the Legislature when the Chester and
Lenoir bill was passed, testify that they
both understood the question was to be determined
by the electors, and that Ratchford,
a member from York, who introduced the
bill, also so understood its provisions.
To test the question, a proceeding was had
by certain citizens and taxpayers of York,
before his Honor T. J. Mackey, Judge of the
circuit. It was entitled Glenu and others vs.
County Commissioners ofYork Couuty. The
question in the case was whether the County
Commissioners were, in the the sense of the
act, the proper authorities to make such subscriptions
without the consent of the people.
His Honor had formed and expressed his
opinion in the matter at issue, in speeches at
York and Chester; be had, himself, introduced
resolutions, at a public meeting at
rla/ilorinn ttiaf "tV>p f"!nm misflinnfirfl
\JLiCObCi | UVViuiiug VUMV wuw
had full power and authority vested in them
by law to make the subscription within
their discretionhe had been consulted by
the Commissioners of York before they determined
to subscribe, and had instructed th$m
that they had the power to make it. With
the case thus prejudged, he sat in judgment
and sustained, by decree on the bench, what
he had proclaimed on the rostrum.
From the decision of Judge Mackey, the
plaintiffs appealed to the Supreme Court.
The action of the Supreme Court is described
hy Chief Justice Willard, then Associate
Justice. He testifies, in answer to the
question whether there was a consultation
after argument in the case, and what was the
the result, as follows:
"In answering this question, I shall be
compelled to rely upon memoranda made at
the time in my diary, in which it was my
custom to enter the results of consultation.
Referring to the entries made at that time, it
would appear that as the result of consultation,
the members of the Court determined to
reverse the decision of the Circuit Judge in
favor of the defendants, and to allow the appeal
brought by the plaintiffs ; and that Justice
Wright was, by the assignment of the
Chief Justice, appointed to write the opinion
of the Court.
"That he never wrote such an opinion.
"That after the conclusion of the consultation
referred to, a very considerable delay occurred,
which resulted iu the Chief Justice
aud Judge Wright uniting in the entry of an
order per curiam dismissing the appeal.
"That, the order was never the subject of
consultation by the members of the Court.
"That he was never consulted with regard
to such a change of conclusions, nor as to the
propriety of putting the action of the majority
of the Court in the form of an order per
curiam; thus departing from our usual custom
of completing the action of the Court by
filing an opinion with the concurrence of |he
other members,
"That it bft? been the Invariable praotice
of the Courts, for the majority of the Court,
in view of dissent, to give their opinions in
writing. . I never knew an instance to the
contrary."
Judge Wright testifies, that upon the consultation
aforesaid, Judges Moses and Willard
agreed to reverse the judgment of Judge
Mackey; that be was not sure whether he
agreed with them or not at that consultation.
That, subsequently, Chief Justice Moses and
he agreed to sustain Judge Mackey's decision.
That he was appointed to write the
opinion of the Court upon the first consultation,
and did not do so because Judge Moses
said it was not necessary.
Ex-Governor Moses testifies, in substance,
that after argument in the case of Glenn and
others w. County Commissioners had been
heard in the Supreme Court, he ascertained
f: jm Judge Wright that the Court was divided,
as the Chief Justice had expressed
himself in favor of sustaining Judge Mackey's
decision, and Judge Wright held contrary
views, and that Judge Wright was inclined
to adopt the views entertained by
Jndge Willard. He reported what Associate
Wi-inlit ko/1 ani/4 trt .TiiHitA Mflikpv
<,uo"w' " 4,5"B " *" ?w ??e- -?-?j,
who seemed worried about it and said we
must have Judge Wright's decision in favor
of the road. Subsequently, Doctor Davega
called at his (Moses') house, in company, as
witness thought, with Judge Mackey. The
matter was talked over; Davega gave witness
$260 for himself and the same for Judge
Wright, and the witness undertook to procure
the decision of Judge Wright as they wanted
it. He delivered to Judge Wright, pledges
from Judge Mackey of support in his reelection,
and promised the same on his own
part. Judge Wright yielded to these pledges
and promises, and, therefore, rendered his
opinion in favor~of sustaining Judge Mackey's
decision. The matter of money was not
mentioned to Judge Wright.
In this connection, Judge Wright testifies
that Gov. Moses frequently spoke to him
aboot cases in which he supposed he was interested
; that he has no distinct recollection
whether he spoke to him about his views in
this case or not. That he did not remember
whether Gov. Moses asked him to sustain
Judge Mackey's decision or not; that he has
no recollection about it.
A. H. Davega testifies that he had no conversation
with Gov. Moses at any time during
the winter of 1873-'74; that he did not
ask him to induce Judge Wright to decide in
favor of Judge Mackey's decision and knowB
of no one doing so. That he did not pay
him any money.
I. D. Witherspoon testifies, that at a meeting
of Directors at Chester, January 80th,
1874, Doctor Davega presented an account
mat ne aesirea toe directors to pass upon,
with a view to payment; thinks the account
was for $2,000. The Directors refused to
pass the account on the grounds that it was
not itemized. Doctor Davega insisted that
it was a proper charge against the company.
At a meeting of Directors at Yorkville, Feb.
13th 1874, he again presented the account,
and the Directors again declined to approve
payment, unless it was itemized. There was
some inquiry why it was not itemized. He
replied that it was a proper charge and ought
to be paid. The account was not itemized or
paid, to his knowledge, up to the time be resigned,
March 25th, 1874. Thinks the account
was in writing.
. L. M. Grist testifies that he was a Director
and at the Chester meeting. Thinks Davega
made verbal application to the Board to order
payment to him of $2,000. In answer to
an inquiry as to what the amount claimed
was for, he (Davega) gave no satisfactory
information, but merely stated that the claim
was a proper one. The Board declined to
order payment in the absence of any satisfactory
information. At the Yorkville meeting,
he presented the same claim without any explanation
as to the items or what the account
was for; the Board again refused to order
payment. Has no recollection that the board,
at either of these meetings, advised him to
present his claims to the general meeting of
stockholders.
A. H. Davega, in this connection, testifies
that he presented an account of $2,000 in the
spring of 1874; don't recollect the exact
time; it was for money advanced for counsel
fees and other incidental expenses; it was not
paid by Directors, and they suggested that
he should present the claim to the stockholders
in general meeting. He presented his
claim to finance committee, who reported favorably,
and the stockholders ordered it to
be paid, and it was paid. That the account
was for $1,000 which he paid C. D. Melton
counsel fee, and for $500 paid Joseph Crews
to report the bill for railroad charter to the
Legislature; the remainder was for personal
expeuses; that he did not inform the board
of directors that the account was for these
purposes, at the time they refused to pay it,
because he did not deem it necessary; that
he simply presented his bill and no request
was made by the board to itemize the account;
that he presented the same account at
Yorkville, and the board declined acting because
it was not a full board. Merely a
quorum was present at the second meeting.
That when he presented the account to the
finance committee, he did not itemize the account
or explain what it was for; he told
them that it was counsel fees and other incidental
expenses.
C. S. Brice testifies, that upon being elected
Director in May, 1874, he felt it his duty
to make inquiry as to this account, and Dr.
Davega told him the account was for counsel
fees in part; in part for getting charter
through the Legislature, and in part for his
personal expenses while attending Supreme
Court when the case of Glenn and others was
before it. That he became satisfied from his
f fltofn monf fKof f KQ OIQI'm Q7QO ft
^I/a*CgO OJ DliaiAJIUQUV Ulinv VUV VIM*(U ?MV M
proper one."
lhe following entries appear in the Record
Book of the company as certified by the
Secretary of the company :
January 30th, '74.?A bill for incidental expenses,
amounting to $2,000, was presented by A. H.
Davega, which was laid orer for a fuller meeting
of the board.
Yorkville, February 13, '74.?The President,
A. H. Davega, again presented his account of
$2,000 for incidental expenses of the company.
On motion of C. C. Macoy, the consideration of
the claim was postponed until the next regular
meeting of the board.
May 8th, '74.?The committee appointed to examine
books and vouchers of the President and
Treasurer, report that they have carefully performed
their duty and find them correct. They
also find that there is a balance due the President
sf $1,485.95, cash advanced by him for the company,
and we hereby recommend that they be received
as entirely satisfactory, and the Treasurer
authorized to settle the balance due the President.
I. L. GUN HOUSE,)
G. D. HEATH, ^Committee.
J. L. CHAMBERS. J
It appears from the account current of A.
H. Davega with the company, amounting to
$4,781.42, that the balance due him, and paid
19th May, 1874, was $1,485.95 as reported
by finance committee to stockholders, and
that one item of his credits in it is, "January
22, 1874, counsel fees, advice, Ac., $2,000," it
being the same amount which had twice before
been rejected by the directors because
not itemized or satisfactory, and which, according
to his own statement, he did not itemize
or explain to the finance committee. There
appears to be no voucher for this item. The
report of the committee is no voucher, nor do
we perceive how the item was satisfactory to
the committee, as the President made no mor:
explanation to them, than he had done to the
directors, The report of the committee might
well be satisfactory to the stockholders, as
they relied on the accuracy of the committee.
It is not satisfactory to us ; neither is the explanation,
now made by the President, satis
factory. On bis examination, he (Davega)
testifies that the account of $2,000 consisted
of $1,000 paid G. D. Melton, counsel fee;
$500 paid Crews; the remainder personal exj
penses.
W. A. Clarke testifies that he was a law
! partner of the late C. D. Melton, from Octo;
ber, 1871, until his death in December, 1875.
: That C. D. Melton was not employed in the
case of Glenn and others vs. County Commissioners,
and had no connection with it, to his
knowledge. That he has examined the books
of their office and can find no record of a fee
of $1,000 having been paid by A. H. Davega.
That if such a fee had, during the term
above mentioned, been paid, he oertainlj
should have known it; he being not only his
partner, but son-in-law, and intimately acquainted
with all his business.
rr T u?1?
UUUgU 1. U< lunukvjf) ICSlllJiug, u?ui?g vuaii
he asked Gov. Moses to induce Justice Wright
to sustain his decision in the case of Glenn
and others vs. the Commissioners while its
hearing was pending in the Supreme Court,
and says that he bad not one word with Gov.
Moses on that subject; that he was, at that
time, his declared enemy, and had publicly
denounced him from the Bench for prostituting
the pardoning power. That he was never
present at an interview between Gov. Moses
and Dr. Davega at his house or elsewhere; that
be never saw Davega in the presence of Governor
Moses.
That he had publicly declared his opinion
in the case prior to his hearing it; that this
was known to the plaintiffs and they had the
right to apply to any other Judge for the injunction.
That when his opinion was declared,
be had no idea that it would be tested in the
Courts. That after his decision was rendered
and approved by the Supreme Court, the
stockholders voted him a testimonial for bis
services in cavassing in behalf of the road,
and that Devaga proposed to present him
stock of the company as the testomonial,
which he refused to accept. He further testifies,
that he stated to Justice Willard and
Gov. Hamptou, last January, when the Tilda
Norris case was pending in Supreme Court,
< * I t 1 ^1 TT . i!,1. .1.1 L.
wnicn involved uov. nampion ? uwe, mm u?
feared the Chief Justice and Judge Wright
would be corruptly influenced to decide
against us by Gov. Moses, and stated, as a
reason, that Davega bad said, at Chester, in
his presence and in presence of several others,
shortly before the decison of the Supreme
Court was rendered in the Glenn case, that he
had met Gov. Moses in the streets of Columbia,
and that he (Moses) had hinted to him
that he oould hurry up the decision of the
Court, if Davega, as he, Moses said, would
grease the wheels. That Doctor Davega
said he told him he would not give a damn
cent.
It is justice to Judge Mackev to say that
the complicity charge upon him ny F. J. Moses,
in procuring the decision of Justice
Wright, is not sustained by any other testimony.
The Commission further report, that it appears
from inspection of the record, that the
order of the Supreme Court, dismissing the
appeal, was filed January 22, 1874, the day
on which the account of President Davega,
for $2,000, bears date. That no opinion sustaining
that order was filed by the majority
of the Court That an opinion showing that
the commissioners of York were not, in the
sense of the act, the |>ropef"fiutnor?ies to
subscribe in behalf of the county without the
consent of the electors, was filed by Associate
Justice Willard. Thus presenting the remarkable
fact, that the only opinion in the
case is a dissenting opinion. We rest our
conclusions in this report, so far as legal
questions are presented, upon that opinion.
The Commission, therefore, find?
1st. That the bonds, purporting to have
been issued by the County of York, in aid
of the Chester and Lenoir Railroad Company,
were issued without authority and do not
nnn na.f r\f tlia indaKflulnMO ftf
uuuouiubo auj |;ai u vi nuu iuuwwuuvww v?
said county.
2nd. That the decision of the Court in the
case of Glenn and others vs. The County
Commissioners, does not establish the validity
of said bonds, because?
First. The Circuit Judge, by whom the
case was tried and determined, had prejudged
the case before hearing, and a fair and impartial
trial was not had.
Second. The decision ofthe8upreme Court,
reversing the unanimous conclusion of the
Court, upon regular consultation, and made
without a general consultation of the Judges,
if a decision at all, was not only erroneous,
but induced by fraud and improper influences.
All of which is respectfully submitted.
C. JONES.
S. E. WHITE.
Col. W. C. Black, a member of the Commission,
is unable to be present to sign this report. We
are very sure that ho agrees with us in the general
scope of the report, and have been authorized
to sign his name ; but evidence having recently
been taken, in bis absence, we report without bis
signature. C. J.
S. E. W.
The Note Was Paid.?The keeper of a
boarding bouse at Washington, when Andrew
Jackson was President, waited on him
one day, and complained that a Tennessean,
who had been appointed by him to a clerkship
in one of the departments, would not pay a
board bill.
"Get his note," said Old Hickory, for the
full amount, interest included, payable in sixty
days, and bring it to me."
That will be no use," replied the boardinghouse
keeper, "for be never pays his notes."
"Do as I tell you, sir," said Jackson, and
turned away.
The next day the boarding house keeper
reappeared at the White House, and banded
the note to the President. He took it, read
it, and wrote "Andrew Jackson" across the
back in his well known autograph,and handed
it back, saying:
"Take that to the ?ank of the Metropolis
and tell them for me that at its maturity it
should be paid by either the drawer or endorser.
They will discount it for you."
A few days afterward the man who had
given the note met his creditor and tauntingly
said:
"Well, I don't suppose you have been able
to negotiate my paper ?"
"Yes," replied the boarding-house keeper,
"I had no trouble in getting it discounted at
legal rates of interest."
"Who in thunder is willing to discount my
notes?" asked the Tennessean.
"The Bank of the Metropolis discounted
the one you gave me, upon the assurance that
if you did not pay it the endorser would."
"But who would endorse my note?"
"General Jackson ; and he sent word to
the bank that if you did not pay the note he
would."
It is hardly necessary to add that the note
was promptly paid by the maker.
Cutting the Gordian Knot.?At Gordium,
in Asia Minor, Alexander the Great
met with the famous adventure which gave
rise to this phrase. The yoke of a cart which
had formerly belonged to King Midas was
fastened to the beam with a leathern thong,
and the knot was implicated in so carious a
manner that no one could discover the ends
of the thong. An oracle had said that whoever
succeeded in loosening the yoke of this
cart from the beam should become master of
Asia. Alexander attempted it, but finding
no success in the way others had tried before
him, he presently drew his sword and with
one blow divided the knot, and thus fulfilled
the prediction of the oracle"
Education of the fcopk.
THE PUBLIC SCHOOLS.
In order that civilization may be perpetuated,
the schools and chnrchee of the county
must be supported. A civilized community
without a church or school, is a sight that
the world has never seen. It never will see
it It is simply a moral impossibility. This
faot will be admitted by all good citizens of
every class. It will also be admitted that
the school house will soon rot down in that
community in which there is no church, and
that wherever there is a church in a thriving
condition, a school house will, of necessity,
be built, and a flourishing school be main*
tained. The sohool house is a handmaid to
the church.
Such being the nature of things, we take
it that the people of York county are deeply
interested in the School* of the county. The
schools, we suppose, are watched because they
mark the advance or retrograde movements
of the communities in which they are sit*
uated. To the credit of York county, it may
be said that it has, from its earliest settlement,
been noted for its schools. When
much of the present territory of York coun* *
ty was a wild wgete, men of prodigious learning
were engaged in teaching school The
houses in which they taught were rough in
appearance and afforded few comforts to the
pupils; but it must be said, to the lasting
credit of both teachers and pdpils, that good
work was done in those rude "log cabins."
It is to be doubted whether our schools of the
present day, with all their facilities for teaching,
ahd all their pomp and display, turn out
such scholars as were turned out from those
"old field schools" of former times. County
pride, if nothing else, should stimulate us to
emulate the virtues of our forefathers. BeA*?A
fliA PAHAI ntiAns ?*TT nrC fi fkatr ?OM TVAAW
IVIC tuo XDOTUIUUVUOIJ TY?& vuvjr nviv j^vvk |
and after the war they were miserably poor.
Still, fathers and mothers toiled that they
might educate their children. They, to-a
commendable extent, succeeded. Many were
the intellectual giants which that age of penury
produced.
Single individuals, communities of individuals?in
one word, the inhabitants of the
world?are interested in education. The State
of South Carolina is in a peculiar condition.
A system of education, wholly unknown
within her borders fifteen years ago, has been
foisted upon her. This system, although it
has never been fully put into operation, and
has accomplished a very inadequate amount
of good when compared with the amount of
money-spent in its support; still it has most
effectually abolished' the old system. The
old system was that every man should educate
his own children; the new system is this,
the State proposes to give every child living
on her soil, an elementary education. Such
is the general import of the school law of
the State, and as such the people of the State
travenrecepted it. < Tne rich as Well; as the
poor, expect to receive the benefit of all taxes
levied for school purposes. This is, we think,
right. It "is, we believe, jnst as it should be.
The State has no right to make discriminations
in favor of any class of her citizens. If
she undertakes to educate one class, to be
just, she must undertake to educate every
class. In one word, the State must treat all
her citizens alike.
The constitutional amendment provides
that a levy of two mills be made upon all
taxable property for school purposes. The
taxable property of York county, as taken
from the County Auditor's books, is $4,638,470.
The school tax on this sum will be $9,276.94.
This, distributed according to law
among the several school districts, will give
Bethel school district, $784.47; Bethesda
school district, $816.59; Broad Biver school
district, $685.21; Bullock's Creek school district,
$984.91; Catawba school district, $1,428.41;
Cherokee school district, $545.14;
Ebenezer school* district, $675.97; Fort Mill #
school district, $789.25; King's Mountain
ok . v?l,
BUIJUUl Ulltnuij 9U1C/.AU | xvi a ovuv/ui um"
trict, $1,097.74; School district No. 11, embracing
the incorporate limits of Yorkviile,
$820.
Besides the above amount, there are, in
York-county, 4,197 polls. Each poll is liable
to a tax of one dollar, which is, by the Constitution
of the State, to be applied to school
purposes. Each school district is entitled to
its own poll tax. The polls of the several
Bchool districts in York county are as follows:
In Bethel, 350; Bethesda, 485; Broad
River, 288; Bullock's Creek, 495; Catawba,
614; Cherokee, 302; Ebenezer, 321; Fort
Mill, 308; York School District and School
District No. 11, 570.
It is probable that the past indebtedness of
each school district will be paid by its own
poll tax. This, however, depends upon what
action the legislature may take in the matter.
-1-1 .L - L - Al .1 .1 __1 1
onouiu iuxq ue me uwu, iut?u m\j*v ouuuui untricts
which have no past indebtedness, will
be able to use the poll tax of their school district
for present purposes.
It will be remembered by the people, that
the trustees of the several school districts are
the only persons who have any legal right to
employ teachers in their respective school
districts. The law, however, does not grant
the school trustees the power to foist a teacher
upon a community, in opposition to the wishes
of that community, or a majority of it.
Hence, we advise that communities select
their own teachers, and that these teachers be,
formally employed by the school trustees,
provided the teachers have complied with the
requirements of the law.
The people of the county will see that the
funds, at the disposal of the school trustees,
are not large. Hence, in the locating 01
school houses, great judgment should be exercised
by the neighborhoods. That locality
should always be ohosen which will meet the
necessities of the largest number of children.
It Bhould be arranged, by the trustees, to keep
the schools open for at least five months. No
teacher need expect to receive for his or her
services more than twenty dollars per month.
The schools may be kept open daring any
time in the year.
The prospects of the schools, we must say,
are encouraging. The trustees, we feel, are
encouraged. They manifest great interest in
the welfare of their several school districts.
This is evident from the fact that they per*
form a vast amount of work, for which they
do not get, in many instances, thanks.
To teachers, we would say, encouragingly,
that this is a cash age. / You will receive
prompt payment for your servioes. No school
teacher will be allowed to open a running
account with the State. Remember, also,
that merit will secure employment, whilst inattention
to duty will drive you from your
vocation. > R. Lathan,
Sohool Commissioner of York county,
* ; i X