Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, October 17, 1894, Image 1
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vot, 4-0. YORKYILLE, S. C., WEDNESDAY, OCTOUJAR 17, 1894. NO. 4:2.
mm? T A
k JtlJ-i Jut/
FERGUS
Author of "The Myste:
Copyright, 18SU, by the Author.
I
CHAPTER X.
When I told Dr. Merrick of my good i
fortune in finding Rose Strent, or, to j
use her stage name, Rose Gernon, he
was considerably astonished. The case
had taken bold of him so completely
that he could think of nothing else. Ho
bad a large practice and attended fairly
well to his patients, but informed me
that he did so in a mechanical fashion,
more or less, as his brain was busy
with the Fen inn mystery. We were
now wonderfully familiar, considering
the short period of our acquaintance,
but this was doubtless due to the interest
we both took in the case. "Upon
i<y word, Denham," said Merrick, robbing
his head irritably, "I wish yon
had not come near mo with your hallucinations.
Instead of attending to my
business, I think of nothing but your ,
mysteries. The sooner we unravel this
riddle the better will it bo for ma You
are an idle bachelor, so it docs not matter
much to you, but I am a busy medical
man, and this infernal business
worries me greatly. At this moment I
ought to be attending to a patient, instead
of which I am wasting my time j
with you."
"Shall I go away?"
"No, oonfound youl I wish to see j
the end of this affair, or I'll get no
peace of mind. It is too late to remedy :
the matter, so I must have my curiosity
allayed by learning all tho ins and j
outs of this enigma Come, let us begin.
You have found Rose Streut?"
"Yes. She is a burlesque actress and
plays at the Frivolity theater. Her
name in the programme is set down as i
Rose Gernon, but this is doubtless her
stage nama Rose Strent is her real
ona "
"I'm not so sure of that," said Mer- i
rick sharply. "If she went into that ,
Fen inn business with lier eyes open,
she doubtless took a false name, so as to j
baffle inquiry."
"Then what about the landlord, who
called himself Edward Strent?"
"Oh, we must find out all about him
also. No doubt his name is false also.
Did he look like her father?"
"Well, I can't say that there was
mnch likeness between them. He looked '
to me like a valet."
"A valet," muttered Merrick reflectively.
"Queer 1 I wonder if he really '
was a valet?valet to Felix."
"In that case he'll be with him now."
"It is not impossibla He has Felix
in his tower and can stay on just as he >
likes. It's my opinion he'll stay till he's
pensioned off. Case of blackmail, I
fancy."
"I think Rose Gernon is blackmailing
Felix also."
"Quite sa What else can ho expect?
Or else," added Merrick, . looking
straight at me, "it's a case of love and
marriage."
"What! Do you think Felix promised
to marry Rose if she helped him to get
rid of his brother?"
- "I think he might lead her to believe j
he would do so."
"This is absurd, Merrick," 6aid I
possession of Olivia's hand. Roso would
not help Felix if she knew that"
w "Precisely. If she knew it. But it's
my opinion that she does not know it i
I believe Felix gulled her into belief
that he would marry her if she gave her j
assistance, but he has not the slightest j
intention of keeping his promise."
"And what excuse could he make for j
wishing to murder his brother?"
"Ah, there you have me! I don't
know that Of course you and 11 are
aware of the real motive of tlio crime,
but Rose is ignorant of it She thinks
she knows, no doubt, but I'm certain
she been put off with a lie."
"But he can't keep the information
fioui her for ever. Even if he keeps
quiet, some one is bound to tell her that j
Felix is engaged to Miss Bellin."
"There you are wrong," said Merrick,
with grim jocularity. "Every one
thinks Francis is engaged to Miss Bel- !
lin."
"Yes, but Roso Gernon knows well
enough that Francis is dead, and that
the engaged man must be Felix posing
as Francis."
uAmoHmfVt in fhnfr M ftrlniif. !
AUVUV O OVU1V WA UVU iu
ted the doctor, looking puzzled. "1 suppose
he must have kept that fact from
her so far, as I don't see what possible
explanation he could give her."
"Always assuming she is in love with
him," said I musingly.
"Oh, as to that, I am certain it is so.
A woman like Rose Gernon drawing a
good salary would not mix herself up
in such a dangerous business merely for ;
money. There is a stronger motive, and
that is lova I'll lay anything," con- ;
tinned Merrick, in sporting phrase,
"I'll lay anything that 6he is madly in
love with the fellow."
"Well, and Olivia, thinking Felix is ;
Francis, loves him madly also. If these
two women come together, there will I
be trouble for Felix."
"Eureka!" cried the doctor, jumping
up excitedly, "the very thing. When
thieves fall out?you know the adaga
Let us bring the two women together
and see the upshot"
"There will simply be a row," said | 1
L "What is the use of that?"
"This," retorted Merrick sharply?
"that when Rose finds she has been be- j
trayed she will reveal all the mystery
out of revenge and assuro Olivia that
Felix is not Francis."
"That's not a bad idea, Merrick; also
it might occur that Olivia reveals something
in her turn."
"Impossibla She can't possibly know
the man's villainy, else she would not
think of marrying him."
"I supposo not, and yet," I added reflectively,
"I wouldn't be surprised if
she were cognizant of Felix's movements
ou the 10th and 11th. Sho certainly
stuck up for him iu the most
amazing manner at the first interview. "
"Of course she did, because she be- (
lieves he is Francis. Depend upon it,
doctor, she knows nothing, and if wo
bring her and Rose together there will
be a revolation and a revelation."
"It's worth trying at all events. But
how can it be managed?"
"? "By working on the natural jealousy
of the sex. Tell Olivia that Felix receives
a woman in his rooms every evening.
"
"Oh, hang it, Merrick," said I, reddening,
"it wouldn't be delicate even to
a married woman, let alone a girL "
"Of course I don't mean you to put
it to her in that barefaced manner,"
said Merrick hastily, "but handle the
t matter delicately. Wrap it up in sugar.
I leave it to your own judgment In
any case you must rouse the jealousy of
Miss Olivia Bellin and induce her to
come with you to tho chambers of Felix
when he is interviewing Rose."
"She wouldn't come without her
mother."
"Then bring her mother along with
you. This is a serious matter, and it
doesn't do to be squeamish. "
"Then do it yourself," said I angrily.
"I!" said he, taken aback. "No. I
don't know Miss Bellin. You sire the
proper person. Besides it's better that
she should know tho truth, even at the
cost of a shock to her delicacy, than be
tied to a brute like Felix, as she cerk
tainly will be."
"Not if Rose can help it. "
"She can't help it if she doesn't
know. And the only way to spoil tho
game of Felix is to bring the two worn- 1
IE INK.
"W. HUME,
vy of a Hansom Cab.'
en face to face. Their mutual jealous;
will do the rest, and instead of goinj
to tho altar Felix Briarfield will fin<
himself bound for the scaffold."
"True euougL Well, I'll try, Mer
rick, but it's a job I don't like. "
HG laughed at my scruples and trie<
to show mo that I was really doinj
Olivia a service in being so plain spo
ken, but in spite of all his arguments
departed from his house in low spirits
I did not relish the idea of interviewing
Olivia on so delicato a subject, yet
saw it was imperative and therefore
made up my mind to carry through tin
business at whatever cost of persona
inconvenience to myself. That is tin
worst of being an amateur detective
One's feelings aro not under sufficieu
control
The next day I called at Swanset
square and sent up my card to Olivia
A? it- Unnnnniul Vl?.?? mnfbfVr Vlfuf colli
ns 1U DU Urtpj^'Viivu, **v* ?mvvmv 0
down to Hurliugham with Felix, anc
she remained at homo 011 tho plea of i
headache. She sent down a message t<
the effect that she was unwell am:
asked me to excuse her, but I scribblec
a few lines on my card asking particu
larly to see her. This time tho servani
returned with the information that Mis*
Bellin would see me for a few minutes,
and I was shown into the drawing
room. I felt nervous, but, determined t(
go through with the matter, managed t<
screw up my courage. It was a mos'
unpleasant task, but very necessary if ]
wanted to attain my object
When Miss Bellin entered, 1 coulc
not suppress a start, so changed was sh<
in outward appearance. As I said 1>0'
fore, she was a tall, well developed anc
very beautiful woman, but now she hat
grown thin, and her face wore an mix
ious expression. I could not help think
ing that she knew something about th<
tragedy at tho lone inn, as I could con
jecturo no other reason for her illliealt)
and manifest discomposure. She cauu
forward, with a nervous smile, ant
greeted me in a low voice.
"My mother and Mr. Briarfield hav<
gone to Hurliiigham," sho said, sitting
down on a lounge near which ray chaii
was placed.
"I am not sorry for that," 1 answer
ed gravely, "as I wish to see yot
alone.''
"What is tho matter, Mr. Deuham'
Have you anything very terrible to tel!
me?"
"I think it is terrible."
"About Francis?" she demanded anx
innolt?
"Yes. About Francis."
"Surely you arc not going to bogir
again about that foolish matter yoi
6poke of at Marshmiuster."
"No. It is not about that "
Olivia passed her handkerchief acrosi
her lips and gave a sigh of relief. Th<
expression of her face was so Strang*
that I was more than ever convinced sh<
suspected the truth.
"I am glad you have given over thai
mad idea about Francis being Felix,'
she said at length. "I cannot conceive
what made you tako up so strange a bo
lief. Felix is in Paris."
- . ?I... m ?Minn?Bollia. 1 fuut
him there.
This I said in the hope of startling
her, but she did not move a musclo ol
her face. Either she was keeping wel
in hand or was cognizant of the faci
that Felix had gone to Paris for the
purpose of deceiving me. If so, she musi
have known ho was not Francis, anc
also that my story of the louo inn trag
edy was true. It was on my tongue tc
ask her if she was aware of the terribh
truth, but on reflection I judged it besl
to let events evolve themselves. Fate
could manage theso things better thai
a mere mortal.
"I knew you would see him there,"
6he said coldly, "but I cannot concern
why you should desire to convince your
self that I spoke truly. "
"Because, Miss Belliu, I believe thai
the man who calls himself Francis is
really Felix."
"The same old story," she said inr
patiently. "You are mad. If you sav
Felix in Paris, you must be convinced
that you are making a mistake."
"Well, Miss Bellin, wo will waive
that point for the present. I will cal
the man to whom you aro engagec
Francis."
"As ho is," she interpolated imperi
ously. I let the remark pass and wenl
on with my speech. "You will no doubl
think me highly impertinent, but ]
wish to warn you against the so callec
Francis Briarfield.''
"What do you mean, sir?'"
"Simply this: While at the Fen iui:
I was waited on by a woman who call
ed herself Rose Strent That woman is
now in town acting at the Frivolity the
ater under the name of Rose Geruon. "
"And what have I to do with such i
creature?" she asked in a trembling
voice.
"Nothing, but your lover has every
thing to do with her."
"Mr. Deuham!"
We were both on our feet by this
time, and she was looking at me with
wrathful eyes. The crisis I so dreaded
had come, but it was now too late to rotreat,
and there was no help for it bul
to go on.
"Bo angry with mo if you like, Miss
Bellin," I said as soon as I was able,
"but it is in your own interest I speak. "
"My own interest!"
"Yes. This woman Rose Gernon i>
in lovo with Francis B"
"No, no!" she murmured, her fact
growing white. "You aro making 11
mistake!"
"It is true," I said doggedly, "slit
was with him at his chambers yesterday
evening at 8 o'clock. She will Ik
thero tomorrow evening at the saint
time. I learned that fact today."
"Did you come here to insult me,
sir?" asked Olivia in a voice tremulous
with rage.
"I came hero to do you a service, bul
if you look upon it in the light of ai
insult I may as well take my leave."
"Stop, sir!" she said, placing hersell
before me. "You shall not leave tin
room till I tun convinced of the truth ol
your statement. Why should Francis
meet Rose Gernon?"
"Why should Rose Gernon play tin
part of awaiting maid at tho Fen inn?'
I retorted
??? i t.niv
1IU1* VU11 A VV??*
"To further the schemes of the inai
who is to marry you, Miss Bellin. Sin
loves him, and ho loves her."
"No! I toll you it is impossible. J
trust him. I love him. Ho could not 1?
such a mean villain."
"I can prove to you that what 1 saj
ia true."
"Do so, and I will believe it. If it i:
true," she muttered, clinching her fist,
"if it is true, I shall bitterly punisl
him for the deception. "
"Come with mo tomorrow evening ai
8 o'clock to Briarfiold's rooms in Jer
myu street, and I'll engage you shal
seo them together."
"If I thought so?but, no, " she said,
breaking off impetuously. "I cannoi
coma How can I?how can I?"
"Ask Mrs. Bellin to come with you,'
I suggested.
"I cannot do that. "
She looked at me strangely for a mo
mcnt, then walked to the other end ol
the room. When she returned, her face
was flushed with anger.
"Why do you come here with these
infamous tales, sir?" she cried excitedly.
"I do not bcliovo you."
"Put mo to the proof. Como toiuor
I row ?veiling, ami you shall see lor your!
self."
"You aro the cueniy of the man 1
love."
"I am the bitter enemy of tho man
j who protends to love you because I believe
ho killed his brother."
| "Mr. Denham, I could tell?but, no,
9 no! I must bo silent"
"What do you mean?" asked I eagerly,
thinking sho was about to reveal
j her suspicions. Olivia thought for a few
' moments, then put her hand suddenly
I into mine. "I will be with at a
i quarter to 8 tomorrow, and if it is truo
i what you say?oh, if it is truo!"
"Here is my card," said I, forcing
; it into her hand "Wear a veil and
i !
I ;
i "I will he with you at a quarter to 8 toJ
morrow."
como to my rooms in Duke street. I
j. will await you at the (loor, aud wo will
j j go to the chambers of this villain."
"Ho is no villain. "
' j "I say he is, Miss Pellin, and I'll
^ | prove him to be so tomorrow."
} | "Doit, "she said, fixing me with a
glance, "and you shall see how bitterly
I I I shall punish his treachery. Now go,
I Mr. Denham, and meet mo tomorrow
j evening fis you have arranged."
I bowed and left the room in silence.
As I passed through the door I looked
j back and saw she had thrown herself
j | on the couch, crying bitterly. Tho sight
perplexed me
"Does she know anything," I thought,
i ; "or does she believe Felix is really
' Francis? Well, when she and Rose Gernon
come face to face, the truth will bo
revealed."
I Tho truth was stranger than even 1
suspected.
> CHAPTER XI.
' I My interview with Olivia passed off
r ' better than I expected. If she had or:
dered me out of the house, I would only
j have looked on it as tho just punish1
ment for what must have appeared my
impertinent interference in what did
? not concern ma The very fact that sho
' listened so quietly proved that she suspected
Felix was masquerading as her
lover. She could only be assured of this
by overhearing his interview with Rose
Geruon and thereforo accepted my invitation
to go to the Jermyn street
t rooms. If their tenant was Francis, ho
i would resent the intrusion of Rose, but
if Felix the two confederates would
i doubtless talk of their guilty secret.
i Thanks to a sovereign judiciously be)
stowed on tho carekeeper, I had discov3
ered that Rose Geruon intended to visit
3 Felix at 8 o'clock. How tho carekeeper
found out I do not know, but in some
t mysterious way servants seem to gain
all information concerning the doings
3 of their superiors. It sufficed for mo
that Rose would be in tho rooms of
Felix on this evening, anil that Olivia
, trnnlH pnfr-Vi thwn in a trap. I had no
pity for the gnilty pair, but 1 was genr
ninely sorry for Olivia. She little knew
f the torture she was about to undergo. I
I did and almost regretted that I had int
terfered in the matter. However, I con3
soled myself with the reflection that it
t was better for her to suffer a few hours'
j pain than lifelong misery.
That she agro3d to go to Jermyu
3 street at that how without a chaperon
3 ; proved how desirous she was of learning
t ' the truth. Delicately nurtured, gently
3 bred, she must have felt horrified at the
i risk she was running of losing her good
name, but seeing that her life's happi'
| ness depended upon knowing all she
3 flung etiquette to tho winds and came.
When I found her at tho foot of tho
! stairs at 8 o'clock, I admired and re6
| Bpected her from the bottom of my
3 ' heart.
"Am I late?" she asked, touching my
hand with trembling fingers.
r j "Onlyfive minutes," said 1, looking
I I at my watch. "I have been waiting at
the head of the stairs for that time.
3 j However, wo can soon walk round to
I Jermyu 6treet"
I "Do you think any one will know
I me, Mr. Denham?" said Olivia, taking
my arm. "See, I have on a plain dress,
I; and this veil is a thick one. "
t "No one will rccognizo you," 1 an[
swered soothingly. "Nor do I think you
[ will meet any one of your acquaint.
ances."
"I should have brought my mother
j j but that I wished her to know nothing
. | of this treachery. If I find I have been
. deceived, I shall break off my engagement
with Francis. But you will keep
silent about my visit, will you not, Air.
t Denham?"
, "Nooue shall hear a word from me,"
' I answered earnestly. "But keep up your
spirits, Miss Bellin. Even if you find
I you have been deceived there will bo
some consolation in knowing that it is
5 Felix and not Francis."
( "You are wrong there," she replied
I ; positively. "It is Francis. I have told
you so all along. "
. ' I shrugged my shoulders without reply.
Evidently nothing could shake her
faith in the man. All I could hope for
1 was that tho two confederates would
betray themselves.
"What are you going to do, Air. DenI
ham?" asked Olivia anxiously.
"Wo will go up to the rooms of lJriurfield,"
I answered, and there overhear
' their conversation."
"Is that not dishonorable?" she said,
i shrinking back.
"In most cases it would be, " I replied
hastily, "but it does not do to be too
particular in this matter. If you break
in on them, they may deny everything.
Thinking they are alone, you will hear
! the truth. Remember, Aliss Rellin,
' I when one deals with a villain one
t must beat him with his own weapons.
Depend upon it, it is most necessary thyit
1 we should learn all. "
, | "They can speak of nothing 1 do not
know."
, j "Aro you aware of the truth?" said
I, somewhat startled by this remark.
"lam aware of tho truth," she rei
peated slowly, and before I could ques)
tion her she flitted up the stairs. There
was no time for mo to ponder over her
words, as it was now past 8 o'clock,
and Rose Gemon might descend at any
IIIUU A. IIIUIVIUIU n|yuivu Ik HJYV iKIM^
| words to the caretaker, telling him I
wished to see Mr. liriarfield, and followed
her at onco. In two minutes wo
were both standing before the door of
' Briarfield's room.
! "It is locked," said Olivia faintly.
I "Never mind," answered I, producing
my latchkey. "This key of mino
; opens tho door. I was, as you are aware,
a great friend of Francis and learned
that my key fitted tho lock of his rooms
some timo ago. I have not forgotten
' tho circumstances, so it conies in useful
now. Sec!"
I turned the key, and the door opeu'
ed noiselessly. Motioning to Miss Belj
lin to precedo me, I followed her quiet,
i ly and closed the door behind us. Wo
heard tho murmur of voices in tho sitting
room. She as well as I knew its
whereabouts thoroughly. The door was
* slightly ajar, and in front of it stretched
a tall screen, with fretwork at tho
3 top.
Stepping through tho open door in a
gingerly manner, wo placed ourselves
directly behind tho screen, so could both
' see and hear without damrer of being
I observed. Thus far our enterprise had
succeeded in tlio most successful manner,
and nothing remained for us to do
but to listen to the important conversation
now taking place.
Felix, standing with his back against
the mantelpieco, looked anxious and angry,
while lloso Gcrnou, her hands on
the table, faced him fiercely. Evidently
tho conversation was not progressing in
a satisfactory manner to either,
j "No!" she was saying rapidly. "I acI
cept no money for what I have dona
You know tho only reward. I claim?
your love!"
"I cannot give it to you, " said Pelix
doggedly. "You know that as well as
1 I do."
"Do I?" sho cried passionately. "Do
you dare to say that to mo after all your
vows and protestations? Why did you
i tell me you loved me if it was but a
J lie?"
"I did not tell you sa "
"Yes, you did, Felix?you didl I remember
the hour, tho day, when you
sworo that you would make mo your
wife."
"KeeD auiet." I muttered to Olivia,
who mado au involuntary movement.
"I tell you, Rose, there is some mistake,
" said Felix angrily.
"You mean spirited hound!"
"I am a mean spirited hound," he
i answered wearily. "No ouo knows that
better than I da "
"Some women," continued Rose, not
heeding his interruption, "some women
would have you killed. I am not a woman
of that kind. I'll stay and marry
; you."
"Impossible! I am to marry Miss
I Belliu."
"You promised to givo up Miss Bellin
if I helped you to see your brother
! at the Fen inn."
"My God!" muttered Olivia, trembling
violently.
"Hush!" I whispered. "Now we
shall hear the truth."
! "I have changed my mind," retorted
Felix in answer to the last remark of
Rosa
"That may be, but I have not, Mr.
Felix Briarfield. I fulfilled my promise
and went down with Strent to that
lonely inn. Your brother caaie, and you
know that ho never left it again. I have
fulfilled my promise. I now require you
to fulfill yours and make mo your wife."
"I cannot! I cannot!" ho said in a
faint voice, wiping his brow. "For
heaven's sake, take this money I offer
you and leave me."
"I have mixed myself up with crime
for your sake, and you offer to put 1110
off with money. It is useless. Your
promise I have, and that promise I roquiro
you to keep, or else"
"Or clsu"
"I'll tell the trutli to tho police. "
4< A flirio invnlvn ill mill
AilVi UiUP * W* ? V J
with ino."
"I don't care," slio said sullenly.
"Anything would be better than tho torture
I am enduring ut your hands."
"And what will you tell the police?"
asked Felix in an unnatural voice.
"You know well enough. I shall tell
them how you killed your brother."
"It is false!" ho said passionately,
"I neither saw nor laid a finger on my
brother."
"Indeed! Then if you are innocent
i who is guilty?"
j "I don't know."
"Did you not como to the Fen inn on
that fatal night when Francis came?"
'Yes, but I never saw him."
"You saw him and killed him."
"It is n lie!"
It was neither Felix nor Rose who
"/ am a mean spirited hound," he answered
icea rllfj.
could do, broko 011 the astonished pair.
Tho man advanced toward her, but she
waved him back.
"I defend you, sir," she said proudly,
"because I know that this woman
speaks falsely, but I have also to demand
an explanation from you. "
Felix paid 110 attention to the remark,
but simply stared at her in a stupefied
manner.
"Olivin " ho S!ii#l ill ft lfl\V voice.
"bow (lid you coihh hero?"
"I brought her, Mr. Felix Briarfield, "
said I, stepping forward.
"You, Dcuham! And for what reason?"
I pointed to Rose Gernoii, who stood
quietly by, with a malignant smilo on
her face.
"Thero is tho reason," 1 retorted
meaningly, "and Miss Bellin"
"Miss Bellin will speak for herself,"
said Olivia in a peremptory tone.
"Miss Bellin speaks of what she does
not understand," interposed Rose venomously.
"Because I deny that Francis killed
Felix?" questioned Olivia.
"No, because you deny Felix killed
Francis."
"What do you mean, Miss Gernon?"
I asked rapidly.
"I mean that this man whom Miss
Bellin thinks is her lover Francis is Felix
Briarfield, and Felix Briarfield,"
sho continued, "is my lover. "
"No!" said Felix hurriedly. "It is
not true!"
I expected to see Olivia grow angry,
but in place of this a bright smile irradiated
her face as she looked at Felix.
I could not conjecture the meaning of
her action and began to grow uneasy.
Rose also looked anything but comfortable.
Evidently she had met with her
match in Olivia.
"I overheard part of your con versa- j
tion, " said Olivia, addressing her pointedly.
"Very honorable, 1 am sure," retorted
Rose, with a sneer.
"Honor is thrown away 011 women
like you," answered Olivia scornfully.
"I am glad I listened, for it enables 1110
to protect the man I love against your
arts.''
"That is not the man you love, " said
Rose spitefully. "He lies in the marshes
surrounding the Fen inn, slain by tho
hand of his brother. "
"That is not true?I swear it is not
true!" cried Felix, approaching nearer
to Olivia
"Bo quiet, Francis," sho said quick
ly. "Let lis hear what she has to say."
"I havo to say that Felix Briar field
loved me," cried Iioso angrily. "Ho ,
loved mo long before he ever saw you, j
but when you crossed my path he want- j
ed to leave mo. Ho impersonated his
brother Francis, who was at that time
in America, and you, poor fool, did not
discover the deception."
"You nre quite right. I did not," replied
Olivia calmly. "Go 011. "
"When his brother Francis caino back
this month, he thought all would bo
discovered and implored me to savo
him. He told 1110 of a plan whereby ho
intended to decoy his brother to the Foil
i inn 011 pretext of explanation. There ho
intended to kill him."
Olivia made 110 remark, but placed
her hand within that of Felix. I won- I
j dercd she could do so, seeing that I10
was accused by his accomplice of a hideous
crime, and made 110 denial.
"I wont down to tho Fen inn with a
man called Strent"
"That was not his leal name," 1 interrupted.
"How do you know that?" she said 1
1 Bharoly. * '
I "Never mind. I know that it is bo. "
"I decline to tell his real name," said
I Rose, darting a furious look at ma "I
call him Strent, and by that name you I
| knew him and know mo nt the Fen
inn."
"I certainly did not expect Rose
i Strent, waiting maid, to change to Roso !
Gernon, actress."
"You are too meddlesome, Mr. Denham,
" she said coolly, "and would do j
' better to mind your own business." |
"Scarcely when I have discovered so j
vile a crimo."
"It was ho who committed it," said ;
Roso malignantly, pointing to Felix,
"Ho came to the inn and killed his j
brother."
"It is a lie!" cried Felix in despair, j
i "I laid no hand on my brother. I did 1
I not even sco him."
j "Wait one moment, Miss Gernon, be1
fore you mako this accusation," said
Olivia? "You say that Felix is your
lover?"
"Id<x" 1
"And you promised to assist him in 1
removing Francis if ho married you?"
j "I did"
"For what reason wnen tno removal
of Francis would cnablo Felix to marry
mo under his fal&o name?"
i "Ho promised not to do so, and I j
thought if I helped him to kill Francis
I could force him to marry me."
; "You love him greatly?"
"I love him better than any ono clso
j iu the world. "
"I am sorry for that," said Olivia,
with a touch of pity, "because Felix is
dead."
"Felix dead!" said Roso incredulous- j
ly. "Then who is tho man?"
"This man is my lover, Francis Briarfield,
who returned from Chile on tho
j 6th of June."
, CHAPTER XII
For tho moment I felt but little snr- i
prise, as I thought Olivia was but mak- j
ing the samo mistake she had made :
formerly. Yet when I noted that she
knew tho true date of her lover's return
, and remarked tho strange expression 011
| the face of Roso I became instinctively
j convinced that sho spoke the truth. It
was Francis Briarfield who stood before j
j me, and tho dead man was Felix. How i
j tho change of personality had taken j
j placo I was unable to guess, but never- |
! theless felt that it was true.
Roso Gernon, with a look of disap- |
[ pointed rage, was tho first to speak. i
She stamped her foot and laughed scornfully.
"This is ridiculous I" she said contemptuously.
"It was Francis who
died. He"-?
! "Francis did not dio, as yon woll |
know," interrupted the young man.
j "Felix fell into his own trap, and for
i safety I assumed his name. I boliovo
: you were aware of this all along. "
"How can that be? And if I really i
! did know you were Francis, why did j
you not say sd?"
| "Because I did not wish to betray j
{ myself. For aught I know you slew my j
S brother and woro quite capable of ac- j
j cusing 1110 of his murder. "
Roso evaded this question, and toss- j
' ing her head, with a sneer, moved to'
ward tho door. Before sho could reach
i it I blocked her nassauo.
"Not yet, Miss tiernou," said I mean- I
iugly. "Though wo have discovered Felix
to bo Francis, wo do not know how
tho former met with his death. "
"I cannot tell you."
"I think you can," said Olivia quickly,
"seeing Felix, by your own confession,
made all arrangements with you. "
"And yet Felix ** dead," scoffed I
Roso.
"Ho fell into his own trap."
j "I don't know how ho died," sho
; said resolutely. "As regards that I am
as ignorant as you are, though I believe
Francis killed him."
"Ah I You then acknowledge me to j
bo Francis?"
i "I acknowledge nothing. Let 1110 ;
i pass, Mr. Denham. I have to attend to
my business."
; "Not till you tell me where your so
' called father, Strent, is to be found. "
"I don't know," sho suid sullenly.
"Yes, you do," porsisted Olivia,
"and you shall not leave this room till
you tell all."
"If I do not go to tho theater, I shall
j bo ruined."
"That does not matter to us," said
i Francis mercilessly.
The woman looked at our three faces,
j and seeing therein no hope of mercy j
' compromised the matter,
j "Let mo have a night to think over ;
it," sho entreated anxiously.
"No," said Francis and Olivia in ouo j
breath. "You must tell all now."
"There is no time," she urged. "I
; am late as it ia I must go. "
"Lot mo speak, Briarfield," I inter- !
j posed, seeing ho was about to refuse |
I again. "We do not want to mako a
public scandal of this?as yet."
Francis consulted Olivia with a look J
ana lurneci to ma
"You know more about this case
than any one else," he said quietly.
"Miss Bellin and myself are quito prepared
to leave tho matter in your
hands."
"Very good. Then Miss Gernon can
go to her duties. I undertake that sho
shall bo forthcoming tomorrow. Oh,
yes, Miss Gernon," I added ironically,
"I have made all my plans. Knowing !
you wero mixed up in this case, I engaged
a detective to look after you."
j "A detective!" sho said, with a ter- j
j rifled look.
I "Yes! Ouo of tho smartest detectives
of Scotland Yard. Permit 1110 to oscort
j you to tho stage door of tho theater and
introduce you to this gentleman. Perform
your part tonight and go home,
i Tomorrow como to theso rooms at noon
! and tell us all you know. I am not
! afraid of your escaping, as my detective
[ will watch you till we soo you again."
"Suppose I refuse!" said Rose viciously.
"In that caso I'll have you arrested
at ouco as an accessor}' to tho murder
of Felix Briarfield."
"You aro too strong for me," she
said savagely. "I accopt your condi- [
tions. Tomorrow I'll como here at 12
| o'clock. Cau -I go now?"
I "Certainly?provided you accept iuo 1
j as your escort.''
"As you please," sho replied disdainfully.
"As for you, Miss Bellin," she
udded, turning toward Olivia, "I wish
you joy of your bargain. That man is
Francis Briarfield sure enough. I knew
it all along and played on his fears for
my own ends. Ho is a coward, and Felix
was worth a dozen of him. For you, 1
Mr. Briarfield, I have nothing but con- 1
tempt."
With this parting shaft sho sailed out
of tho door, closely followed by me. j
The detective was waiting on the other
side of tho street and followed us closely.
Rose glanced uneasily from side to
j side, but not one word would sho speak,
nor did I wish her to talk, having quite
I enough 011 my mind for the present.
When wo arrived at the stage door of
the Frivolity theater, she halted 011 the
I step. In tho light, sired from tho lamp
bbovo I could see her scornful face.
' "What I have promised I shall do,
[ Mr. Denham,"sho said spitefully, "but
tomorrow I can tell you nothing. With
all your cleverness as a spy you havo
discovered nothing but a mare's nest." |
When sho entered the theater, I turn- 1
ed round to the detective, whom I found
: at my elbow.
"You know what you have to do?" I
said imperatively.
"Yes, sir. I saw her face in the light.
You can depend upon me. I shan't lose
sight of her."
"Sho is to coino to Mr. Briarfield's
rooms tomorrow at noon. "
"That's all right, sir. I'll sec sho is
there.''
"Good. Bo very careful. She is a
clover woman and would bailie the devil j
hhueelf.''
"Slio won't bafllo mo," said tho detcctivo
confidently and so departed on
his mission.
Having thus provided for tho safo
keeping of Roso Gernon, I returned to
Briarfield's rooms and found him alone.
Miss Bellin had taken her departuro
'during my absence.
"Where is she?" I asked, glancing
round.
"Olivia has gono home," explained
Francis. "If she is back before !>, her
mother will never hear of this escapade,
so I put her in a cab and sent her ofF. "
"All tho better," said I, taking a
seat. "Now that wo are alone I wish
to hear tho story of your transformation
from Francis to Felix."
"I told you I was Francis all along,"
ho said reproachfully.
"Yes, in such a way that I thought
you were Felix," I answered ironically.
4i i
"I told you I lens Francis all atony," he
said, reproachfully.
"You might have trusted me, Briarfield.
It would have been better for us all."
"I havo no doubt it would," answered
Francis gloomily, "but I was afraid
lest you should think I had killed
Felix."
"I know you were incapable of such
a thing."
"Thank you," ho said gratefully.
"Had I known you wero so true a
friend, I should havo made you my confidant.
As it was, when I remombercd
my wild throats of killing Felix, I
dreaded lest, finding him dead, you
might accuso mo of his murder."
"Who killed him?"
"I don't know. When I saw him, ho
was dead."
"And Streut and Rose?"
"They had ldft tho house."
"What time was this?"
"About 6 in tho morning."
"And I was not up till 10 o'clock.
You had plenty of timo to fly. But
what put it into your head to place tho
dead body of Felix in your bed?"
"It's a long story, and I hardly
know if you will understand my motives.
"
t .1. -XT 1 ,xP lwtin/v
" I GS, 1 CIO. I UU Avuro uu uiu ui uciu^
accused of tho criiuo. It was foolish of
you to mistrust 1110. I would have aided
rather than blamed you."
"I seo that now. It was kind of you
to try to avenge my death. Unfortunately
all your industry was dangerous
to me, and I had to baffle it."
"You certainly did so very adroitly.
But tell 1110 tho story. I am anxious to
know what took place."
Francis was quite unnerved by tho
lat9 interview and beforo continuing
poured himself out a glass of brandy.
Then, pushing the bottle toward me, he
began his strange narrative without further
preamble.
"When I went to bed that night," he
said slowly, "I could not sleep for ever
so long. I kept wondering if your theory
could possibly bo true about the
treachery of Felix. If it were, I considered
how I should punish my brother.
While thus thinking I fell asleep and
didn't wako up till close 011 6 o'clock
in the morning. All my troubles came
on mo with full force, and you know
how much worso things look at that
hour than in broad daylight. There was
no chauce of further sleep, so I put 011
my clothes and went down stairs. Tho
first thing I saw was my brother Felix
lying dead 011 tho floor."
"Had you any idea who killed him?"
"Not tho slightest. I thought it was
either Strent or tho girl, so I went in
pearch of them. They had fled, for I
found my horse gone, so this flight confirmed
mo in my suspicion. At first I
determined to wake you up and explain
all, but remembering my foolish talk of
the previous night I thought you might
think me guilty of my brother's death."
"That was a foolish idea."
"Well, put yourself in my place, and
you would havo thought as I."
"Not a bit of it. I should have had
moro moral courage."
"I hadn't at that moment I thought
Vou would denounco mo and I would
ne hanged, so took steps to securo my
own safety. I went outside and found
my brother's liorso at the side of the
house. Stront and his daughter had taken
mine and overlooked my brother's in
tho hurry of their guilty flight, i saw
a means of escape and took it."
"But what about the substitution of
yourself for Felix?"
"I did that to throw off the scent. I
guessed that your idea was right, and
that Felix was masquerading as I, so
thought I might go back with safety as
myself. Felix was far cleverer than I,
and it was certain that he had provided
some reasons for the absence of his real
solf while lie passed himself off as mo.
Tho whole plot unrolled itself in a moment
beforo me, and I saw in carrying it
through lay my only chance of safety."
"It would have been far easier to
havo trusted to my friendship. "
"I see that now," said Francis penitently,
"but I did not then. I wanted
to leave the liouso without your waking,
so took the body of Felix softly up
stairs, undressed it and laid it in my
bed. Then I folded up my clothes on
tho chair beside the bed and dressed
myself in his suit."
"And the pearl ring?"
"I had to part with that so as to carry
out the deception; therefore I slipped
it on the finger of tho dead man. Then
I locked tho door of my bedroom and
camo down stairs again. In a few minutes
I was on my way to Marshminster.''
"How (lid you get tho horse back to
Fundy's stables, and what made you
think of going to Bcllin Hall?"
"As to tho first, I found Fundy's
name on tho saddle, so know Felix had
hired tho horse. J took it back to tho
stables, and, owing to my resemblance
to Felix, easily managed to deceive tho
hostler. Then, as Felix in his letter had
told 1110 he was staying at Bcllin Hall,
I wont there."
"Was there any suspicion?"
"Nono at all. I told a footman I had
been out for a morning ride and asked
him to bring me a brandy and soda to
my room. I needed tho drink after all
I had gone through, but my principal
reason for asking him was to find out
my room."
"How so?"
"Well, I mado him carry tho tray up
stairs in front of mo. Of course he took
it to the room of Felix, and thus I gainful
?nv nnint without exritillL' SllSlliciou.
v"-* "V r'""" n *
All the baggage, clothes, etc., of Felix
were in tho room. I know nil about
them, as I had seen them plenty of
times. Then I dressed in a morning suit
and went down stairs to find. Olivia."
To HH('ONTTNrKI) NKXT WKKK.
l.ong I)nj H In Variouft t'itii-H.
At Stockholm the longest day is
18$ hours iu length; at Spitzbergen it
is 5H months. At London and Bremen
the longest day has 10$ hours. At Hamburg
and Dautzic the longest day has 1?
hours. At Wardbury, Norway, the
longest day lasts from May 21 to July
22, without interruption. At St. Petersburg
and Tobolsk, Siberia, the longest
day is 19 hours and the shortest 5 hours.
At Tornea, Finland, June 21 brings a
day nearly 22 hours long, and Christmas
one less than three hours in length. At
New York the longest day is about 15
hours; at Montreal it is 10 hours.
|ttv5ctllaneou5 Reading.
A HROADSIDK FROM IRBY.
lie Intends to 1'imli the Ki^ht for a Const Itiitiomtl
Convention.
The campaign eonimiltee of the
Democratic parly, of which Senator
Irhy is chairman, tin last Wednesday
1 made public the following address to
I the voters of the State :
To the Democratic Voters of South
Carolina: The executive committee
being charged with the welfare of the
party and the success of its policy as
! outlined in its platform, which policy
carries with it the welfare of the mai
jority of the people, we feel constrnin!
ed todirect the especial attention of the
i Democrats of the State to the necessity
i and importance of the plank in the
i platform adopted by the recent Democratic
State convention urging every
j. Democratic voter to sustain the call
for a constitutional convention. It is
well known that there are great ditl'er;
cnces existing between the white faci
tions in the State, one of which has
yielded reluctant obedience to the will
! of the majority.
The strained relations which have
' existed since 1800, with the factional
bitterness displayed by that portion of
the State press which has opposed the
governing majority with a malevolence
and factional spirit almost unpredented,
point inevitably to a permanent di(
vision in the ranks of the white people,
for which this minority alone must he
; held responsible. Confronted as we
have been by a colored voting population
40,000 in excess of the whites
since the revolution of 1870, white supremacy
has been almost the only test
of Democracy and its maintenance, the
compelling motive for submission after
j the party had spoken at the conventions
und primaries. But there are
! many evidences that the lies which
have bound our people together are being
systematically riven asunder, and
the public mind being educated to appeal
to this ignorant, debased vote to
restore to power those who have been
| unable to command a majority of the
j white vote.
The State, newspaper, the organ
; which was started by the IndependI
enls in 1891, and which has recently
I exhausted all its Expedients to bring
about another holt and defeat of the
party nominees, has time and again
; ridiculed and sneered at the possible
danger of an appeal to the colored
; vote. This newspaper, backed by a
large number of other papers, is now
urging the organization of the so-called
"True Democracy" and boldly an!
nounces the purpose to ignore thepresj
ent party machinery and the executive
I committee, as at present composed, as
being representive of the Democratic
i parly. These facts are known of all
men, and they can have but one meaning
: The purpose on the part of the
j minority to appeal to the Negro as the
arbiter of our politics in the campaign
j of 1896.
During the past spring and summer
strenuous efforts have been made,
ostensibly at the instigation of the
i Republicans, to overt how the registration
law. We have reason to know
i that the Independents, as shown by
, the columns of certain newspapers,
| have instigated and sympathized with
| these attempts. So that it cannot be
I reasonably disputed that there is a
I desperate faction in the Slate bent on
j regaining power at any cost. We
deem it unnecessary to direct attention
j to the inevitable consequences which
j will follow a division of the whites
i into anvlhiutr like equal factions, and
| 1 lie bringing in of the Negro as the
1 balance of power. The only reason
I why we are not now in the throes of
a political agitation, with contending
factions mobil/.iug the black nrtny of
i voters, is that the movement was considered
hopeless. It was a question
of expediency and not one of principle
or patriotism with many.
We are glad to know that the failure
of the plot which came to surface
1 on the 27th of August is due to the
patriotism and self control of the large
body of Conservative men, who, while
I voting with the minority in the campaign
of 1892, submitted gracefully to
its results and were unwilling to jeopardize
the public welfare by such a
desperate venture. Fortunately the
opportunity is offered the white people
of the Stale in the coming election
to obviate all future danger and fortify
Anglo-Saxon civilization against
i every assault from within and without,
and that is the calling of a constitutional
convention to deal with the allimportant
question of suffrage.
By a strange and unaccountable
change of base that class in the Slate,
which has always stood for qualified
suffrage and denied the capacity or the
right of the masses to participation
iii the government are to-day lotidmotithed
in their declaration that they
are the champions of the poor white
men, whose vote is threatened, as
they say. Every newspaper controlled
by this class is teeming with all
manner of specious and false argument
against voting for a convention. They
say that the white voters who are
ignorant and poor will have cast their
last ballot if they vote for a convention.
They harp on the enormous
cost to the taxpayers. They dwell
with pathetic concern on the injury to
i the free schools, and by every device
known to sophistry are trying to throw
dust in the eyes of the masses.
I'lain speaking is best and we shall
I not mince words. We propose to
! show that there is deep-dyed treachery
to white supremacy in this antagonism
to a new constitution. In the socalled
convention composed of self-api
pointed delegates, which assembled on
the 2.r)th of September for the avowed
purpose of nominating 1111 Independent
ticket and appealing to the Negro, the
j following resolution, which betrays the.
whole damnable scheme, was passed
| and the opening gun for I SOU thereby
tired :
Kesolved, That while this convention
j desires to avoid doing anything likely to
cause increased strife among our people,
. we liclicvc that the principals of Dcmncraj
cy, tin- safety of every interest in the State
! and the instinct of self-preservation de|
maud that a haul and earnest light lie
made against the proposition to (till a conj
stitutional convention to create a fundamental
law involving the right of every
man in the State without providing for
j the submission of its work to the people.
J We tender to the opponents of the iuiqiii;
tious, undemocratic, tyranical and dani
gerous proposition the service oftheor!
ganization herein provided for and invite
i them to join with us in lighting it at the
I approaching general election."
i What does this resolution mean?
; Its purpose is shown by the fact that
at the time of its passage there was in
.1 i .11 .. ol' tliii
UK* 11:111 ii iirf;iw v.. ...~
Republican party, while half a dozen
, colored and white leaders of that party
were waiting in the Iohhy of the
State house ready to join hands with
the Independent movement as soon as
| it had been launched. Now who are
the "opponents" of this "iniquitous,
| undemocratic, tyrannical and dangerous
proposition ?" Who are invited
J "to join with us in fighting it at the
: approaching general election ?" None
i hut the Negroes, of course. This is
I shown by the oiler of the notorious exj
Congressman Smalls to canvass the
1 State in opposition to the convention.
Why do these self-appointed guar:
diatis, who have been repudiated by
; the people, appear so solicitous for the
; Negro's right to vote? Plainly be|
cause they want to be the beneficiaries
of that vote two years from now.
Why do they want to preserve to the
ignorant and debased Negro his ballot ?
Simply because their fell purpose is to
cover the ballot of every poor white
man with the ballots of two ignorant ,
Negroes and thereby restore themselves
to ollice and power. While charging
that it is the purpose of the domiI
nant faction of the Democratic party to
disfranchise the poor, illiterate white
| men along with the Negro, does not
any reasonable man know that that
faction, being largely made up of this
class, would not disfranchise its own
followers? What political party ever ]
committed suicide or relinquished voluntarily
the control of public affairs?
The poor white men of the State
I have never received recognition until
within the last four years. They are
! now the arbiters of their own fortunes. '
and if they miss the opportunity of
taking guarantees in the new constitu- I
lion for the continued supremacy of |
the Anglo-Saxon in South Carolina we j
predict confidently that, commencing
with ISiiU, our political campaigns in
j this State will witness a return of more
terrible and demoralizing conditions
[ than ever confronted this people, even
I in the days of Scott, Moses and Cham- j
j herlain. The reckless, desperate men, ;
whose Machiavelian cunning is now
I playing the double game of bidding for
the Negro vote and claiming to he the
guardians of the poor whites, are bent j
; on regaining control of our affairs at \
any cost. They are oblivious of the !
: fact that the vast horde of ignorant '
J Negroes, once organized and disciplin- !
. ed to overpower the white majority, i
; the morals and the faith of white men
in each other being once destroyed, the j
Negroes inevitably will seize power
| for their own benefit. We say to the
white men men who are threatened by
the Independent newspapers with disfranchisement,
that Mississippi, with a
j colored voting population, larger than
j ours, has adopted a constitution which,
I without disfranchising a single white
man, has reduced the registered Negro
j vote of that State to 8,000. What
Mississippi has done South Carolina
can do. South Carolina aldne of all
I the reconstructed States still keeps the
j constitution forced upon her at the
i point of the bayonet by scalawags and
aliens.
The cost of a constitutional eonven- 1
tion, while of no importance in com- j
parison with the benefits to be de
rived, need not under any circumstances
exceed $50,000. There are many
benefits other than the regulation of |
the suffrage to be secured by changes I
in the organic law. While these !
might he obtained by the slow and unsatisfactory
process of amendment we
candidly ask any sensible man what I
hope there would be for securing the !
adoption of a new constitution involving
the regulation of suffrage if it had
to he submitted hack to the people.
I It has been the settled purpose of the
: trusted leaders of the Democratic parly I
j for four years to call a eonsitulioiml I
eouvention, and obviate the dangers '
i which have lurked iu our midst.so long,
| only waiting for a division among the
whites to rear their horrid heads.
! That division is now more than apparI
ent. The reality is upon us. The
! people, through their represenatatives
j in the legislature and in Democratic
I conventions, have time and again de- j
| manded that such a convention be call- j
j ed. Those newspapers which claim to j
be Democratic ami which antagonize j
this great reform are either blind leaders
of the blind or the servile tools of the
conspirators.
We warn the white men who love
South Carolina, and would see a continuation
of good government and the
! rule of an intelligent white majority,
to thrust aside and pay no heed to the
j arguments of those who seek to bind
I them to their true interest. After long
I years of struggle the opportunity is
| presented to them of fixing this thing
j forever. All questions to be passed on
| by the convention can be discussed
j when the election of delegates is to j
: take place. It is slander and an insult I
j to say that the people have not the i
j patriotism and intelligence to elect \
men from among themselves to frame i
an organic law better suited to our '
' wants than that imposed upon us by
t l><> t-tmf.tin(rrrui* nrwt .alien The !
HIV VM.j'W -/"fie-.
wisest and best of our citizenship can i
he chosen to preform this delicate and ;
patriotic duty w ithout regard to faction
once the convention is ordered.
The point which we would urge with j
; all the vigor at our command isthatthe !
j opportunity is now here. It certainly !
is not likely to soon recur if the people 1
j fail tosiezeit and the evils of mongrel- i
ism, governmental debauchery and !
political demoralization shall descend !
upon the State after the next election. |
They will have none to blame but them- I
selves. Let all true Democrats and i
patriotic white men go to the polls on
the Glh of November and vote for the !
constitutional convention.
J. L. M. Irby, Chairman,
Wii.ie Jones, C. M. Efird,
I). E. Keels, O. It. Lowman,
J. A. Sligh,
Campaign Committee of the State Dem- ,
J ocratic Executive Committee.
FOR AND AGAINST.
Ttvo Opinions on the Constitutionality of
the Dispensary Law.
The fact that the supreme court had ;
j sustained the constitutionality of the !
j dispensary law was reported last week. |
j To publish the opinions of the court in I
full, would take up an unnecessary '
j amount of space. Brief synopses of
the opinions of Judges (!ary and Me- ;
| Iver, however, will probably sullicc for
the general reader.
what justice gary says.
In deciding the law constitutional ;
Justice Gary says that the law is a po- '
lice measure and that the State, under
i its police power can itself assume en- ,
lire control and management of subjects
that are dangerous to the peace, i
; good order, etc., of the people, even !
when trade is one of the incidents of ;
J such control, and that liquor is such a j
[ subject. He quotesauthorities to show j
j that the saloon keeper does not sell li- I
i quor by reason of an inalienable right, I
but because such power has been dele- J
gated to him by the government, and
reasons from this that it would be an !
- - .1
I auoinally in tin1 law to hold that tlie j
: principal could delegate to an agent a
j greater power than the principal him- ;
self could exercise. The justice holds I
j that the "dispensary act itself is an
outgrowth of the dissatisfaction on the ,
part of the people with the manner in j
which the police power, when delegated.
was abused."
He holds that its primary object is j
not the raising of revenue and that it I
is within the power of the board of i
control to eliminate the profit feature
J altogether. Such question, however, [ j
he declares is not before the court.
As to the objection that the act is re- I i
pugnant to the provisions of the con- ! <
stitution as to taxation, he says, that j
could only be sustained in case the oh- '
! ject of the act is not the exercise of | i
I police power. The justice says that j
the objection as to the constitutionality !
of the act, on the ground that it creates J I
a monopoly, is fully met by the decis- I
, ionjin the Slaughter house cases, where- |
in the court declares that the legisla- I (
ture has the right to create a corporation
when a certain result can best : j
be obtained by means thereof, lie <
holds that the act does not violate sec- ,
! tion 1 article 1 of the State constitution, i
us it does not deprive the respondent i ;
of an "inalienable right." The justice I t
says that the objection to the law, in \ \
that it embarks the State in a commer- |
eial enterprise, docs not hold good as
j long as the buying and selling are in
pursuance of police regulations. j
Concerning the objection that the i
I law violates section S, of the United (
Slates constitution, ami also of the
Wilson hill. Justice (Jury says:
"The intention of congress was to
deprive liquor of its national character
as a subject of commerce, make il local
iu its nature and subject it to the police
power of the State until congress should
see lit to legislate upon it. It was the
intention of congress to subordinate
the commercial power of the national
government to the police power of the
State on the subject of liquor.
CHIHF JUSTK'K M'lVKIt lMFFKKS.
Chief Justice Melver on dissenting
declares that the dispensary net rests
upon the same principles as the old
act which wasdeclared unconstitutional.
Also lie refers to "the well settled
and wholesome doctrine of stare decis
is and the will of not adhering to the
former decision of the court. He declares
that until it is shown?which
never can be?that trade is one of the
appropriate functions of civil government,
statutes purporting to emhark
the State in any trading enterprise
is altogether beyond the competency
of the legislature, because it
excludes the limitations upon the legislative
power necessarily implied from
the express terms used in the constitution.
The chief justice declares it a
very dangerous doctrine, asserted in
the former, case, and again insisted
in this case "that the police power of
the State is limited only by the will of
the legislature."
He then takes up the argument,
which, it will lie remembered, was
made from the bench last Monday by
Circuit Judge Benet in Columbia in his
charge to the jury, that the courts
have no right to inquire whether acts
of the legislature are police regulations.
"I can't subscribe to any such doctrine,"
says the chief justice, "for it
would subject the rights of the citizen,
secured to him by constitution provisions,
to the unrestrained will of the
legislature, and would render absolutely
useless all the safeguards provided in
the constitution for the projection of
his rights against invasion by the lawmaking
power of the government."
Justice Mclver holds that the dispensary
act is not a legitimate exercise
of the police power, as this power cannot
be so extended as to authorize the
State to engage in a traflic forbidden to
a citizen.
Concerning the argument that when
a State issues license to a saloon keeper
it delegates to him the exercise of the
police power, he says :
"I do most emphatically deny the
twitt'jkv ,vf I lio luirSulot 111*/) t/i CI IIV
ru" V1 "* ...v
portion of its legislative power?police
power or otherwise?to a, private citizen,
and, so far as I am informed,
neither this State nor any other has
ever undertaken to do so."
The justice says that the provision
allowing the State to sell liquor outside
of its limits "shows very clearly that
the whole scope and intent of this legislation
is to enable the State to monopolize
the liquor trallic, to the entire
exclusion of the citizen, with a view to
the profit of such traffic." He says
that the dispensary legislation is neither
the regulation of the traffic nor a
prohibition of the same, but, on the
contrary is a scheme by which the
State proposes to monopolize such
traffic to the entire exclusion of the
citizen, and to force every consumer
who may desire to obtain spirituous liquors
for any purpose to purchase the
same from the State authorities at
such a profit to the State as may be
fixed by the designated State authorities,
and, hence, such legislation cannot
be regarded as a legitimate exercise'
of the police power, and any legislation
which, like the dispensary law,
undertakes to embark the State on
trade, is without constitutional nuthority.
The chief justice concludes by declaring
that the law is a violation of
the State and federal constitutions.
DETERMINED Til ENFORCE IT.
Governor Tillman Shjh Everylxxly Mn?t
Get Out of the Way of the DUpen
wrj jwi?i
Col inn bin Register, lOtli.
Governor Tillman last night announced
his determination to proceed
to enforce the dispensary law with vigor
and to put a summary stop to resistance
of officers. The governor also
declared that all places suspected of
being storehouses for contraband whisky
will be searched, no matter whether
they are private residences or saloons.
The chief executive's declarations
were brought about by the persistence
of reporters in seeking an interview
from him on the decision of the supreme
court on the dispensary law.
The governor was busy during the da}*
and refused to be interviewed. The
reporters went to the executive mansion
last night and the governor talked
to them. What he said is brief, but
his utterances will rank as among the
most important ever spoken by him.
He said :
"I propose to make everybody get
out of the road and obey the law. I
urge on all good citizens to frown
down on all resistance to the law and
to co-operate with the constituted authorities
in carrying it out and preventing
such unseemly and disgraceful
exhibitions as we had at Greenville
yesterday. The town people who are
opposed to the law have nothing to
gain ami everything to lose i>y sucn
behavior. I have no desire in the
world to employ any force and would
he glad to have the co-operation of the
police and the municipal authorities,
hut I have all the militia I need and
can concentrate 2,000 good men at any
point in the State inside of 48 hours,
and while I would hate to resort to
any such measures, no resistance
would he tolerated. The constables are
going to work now and going to search
all places where they have reason ot
know that whisky or liquors are kept
and private residences will not he exempt
when we have reason to believe
that they have been made depots for
the. storage of whisky. The constables
will not he allo.wed to harry the
people or do anything to provoke collisions
and any reasonable complaint
against them will he properly investigated.
Sheriffs and police will he expected
to co-operate, and those municipalities
which prove derelict will receive
no share in the profits, while it is
almost the inevitable that a system of
metropolitan police will he provided
for all such places when the legislature
meets."
' Does that include Columbia and
Charleston?" was asked.
"Of course, speciliciallv," was the
answer.
"Trial justices who don't do their
iluty will likely be relieved of the burdens
of oflice and if juries fail to convict.
change of venue will he tried.
The law has come to stay and the
sooner that fact is recognized by the
whisky men and those who have opposed
it heretofore, the better it will
he for all concerned."
BkaT" "I say, Robert, what is it that is
ilearer than life, and freer than air; the
rich man wants it, the poor man has
it, the miser spends it, the spend-!brill
naves it ?"
"(iive it up. What is it?"
'It's nothing. Nothing is dearer than
life, nothing is freer than air. The
rich man wants nothing, the poor man
has nothing, and the spend-thrifl saves
nothing."
0ST There is $300,(100 unclaimed
money in the treasury at Washington
to the credit of the Afro-American soldiers
who served to the Civil war.