The daily phoenix. (Columbia, S.C.) 1865-1878, August 21, 1873, Image 2
COLUMBIA, S. C.
Thursday Morning, August 21,187?,
The French Prospect.
? The intrigues of Imperial nits aud Mo?
narchists for the throne of Frauce are
at this time of speoiul significance
The chief hope of tho frustration of
their designs is that as they are working
against each other tho republic may be
able to triumph over thorn both. There
is not much encouragement, however,
in the fact that neither party is appa?
rently strong in numbers. Louis
Philippe was called to the throno by a
mere cabal. Loois Napoleon waa a
laughing-etook till he managed to get a
foothold in tho French Chambers. It
must always be remembered that the
traditions of France are monarchical or
imperial, and that the republic has loss
of precedent to recommend it there
than tho monarchy has here. There
has been a republic in France, but it
has been as brief and portentous as the
flash of a meteor. People associate it
with a despotism more cruel and merci?
less than monarchy ever exercised, with
Communism, with the overthrow of all
rights before regarded sacred, whether
civil or political, and with tho utter tri?
umph of infidelity and licentiousness.
It is tho apprehension begotten by such
an experience which renders tho French
indifferent to the name of a government
or the pretensions of an aspirant to the
throne, if there are sufficient guarantees
that he will preserve order. If his
antecedents are monarchical instead of
republican, they are as congenial to the
?ideas and traditions of Franco as re?
publican antecedents would be in this
country. Hence, it is not safe to pre?
dict that the intrigues of Royalists and
Imperialists will be unsuccessful, espe?
cially in view of the fact that a soldier
whose sympathies are understood to bo
anti republican is at the head of the
French army, and that in Franco the
army, in critical times, is what a French
king was wont to call himself, "tho
State." To dhow in a word the un?
certainty of French politios, tho f./[low?
ing prediction of Thomas Paine, a
shrewd observer, written after the first
French revolution, is worthy of reflec?
tion:
"Those that talk of a counter-revolu
' tion in France show how little they un?
derstand of man. There does not exist
in the compass of language an arrange?
ment cf words to express so much as
the means of a counter-revolution. I
do not believe monarchy or aristocracy
will continue seven years longer in any
of the enlightened oountries in Europe."
And yet, since that time, a? the
Philadelphia Aye suggests, there have
been three Bourbons on tho throne of
France, and now a fourth thinks Leniuy
mount it. -
The Doer Hound bus singularly been
a vessel of remarkable career. She was
built for a gentleman's pleasure yacht,
and was present near the light botweon
the Alabumu and Kearsage, and rescued
Admiral Semmes from a watery grave.
Diplomatic correspondence at that timo
waa hold concerning the action of her
owner in saving u drowning man, and
now she turns np as a carrier of arms
for the Carlist cause. She was lately
taken in French waters by a Spanish
man-of-war, while flying Euglish colors,
and again she will probably bo the sub?
ject of national correspondence.
Tue Virginia. Canvass.?The New
York Times repudiates the idea of Pre?
sident Grant tuking any part, directly
or indirectly, in support of Col. Hughes,
Radical candidate for Governor of Vir?
ginia. It givos out the impression that
the President will not interfere under
any circumstuuees, as it would not be
consistent with his idea of tbo dignity
of his office. The oountry will rejoice
to know that Gen. Grant has taken this
step. It is certainly commendable it
the President to express so much consi?
deration for the proprieties of the high
office to which ho has boen clovuted.
But how comes it that the President is
so solicitous now? We recollect very
distinctly, just before the Presidential
election, that every member oi tho Ca?
binet, who oould make a speech, was
pressed into Bervice in Virginia and
North Carolina, and even Akcrajau, the
then Attornoy-General, put in an np
pearauce in Georgia, but his efforts wero
us feeble as the resalts which followed
them. The statement in the Times may
bo correct. If so, Gen. Grant is Im?
proving, and there are hopes that he
may yot learn something of the obliga?
tions assumed and the duties imposed
upon the President of the United States.
In any event, however, whothor the Ad?
ministration supports Hughes with tho
power of tho Government or not, it will
not change the final result. Tho pooplo
of Virginia are arouaod and determinod
to carry the State in the intorests of law,
order, poaco, prosperity and liberty, and
the Demoorata will carry the State by
fully 20,000 majority.
[Augusta Chronicle and Sentinel.
Six roughs penned a Natchez, Miss.,
reporter in an alloy aud were thinking
how they would batter his head, when
four of them fell into nn old sewer and
a woman soalded the other two. It
does seem as if Prcvidenco was on the
side of reporters.
Future Programme?Wo. 1.
Mu. Editor: J. H. Bainey, in his
speech at the emauoipation celebration
in Hartford, Connecticut, (see the
Union-Herald oi the -Oth instant,) let the
cat out of the bag, and it proves to be
a black one, indeed, for the future of
South Carolina. In speaking of South
Carolina, hear him:
"Laud ia cheap, and we (tho negroes)
like to put on the taxes, bo as to make
it cheap. We Bhall try to put the negro
in high office, and make the white man
recoguize his black face and know he
has met his equal. Cardozo has proved
an cminont financier, and bids fair to
leave a far brighter record than his whito
predecessor."
Mr. Rainey, in these few sentences,
has fully mado known to tho white peo?
ple of South Carolina the moaning of all
those high taxes and tho future pro?
gramme of tho black man in South Caro?
lina, which may bo summed up in the
following words: "We (tho negroes)
care not how high the taxes are; the
higher, bettor for us. We are deter?
mined that tho property uf the white
people of South Carolina shall bo ours,
and the beat and easiest way to get it,
will be to increase the taxes, no matter
ho w muoh; make them higher and higher,
until the white people, being unable to
at all pay them, their ontire property
will ho forfeited to the State for non?
payment of taxes, wo (tho nogroes)
havo a population of ilG.bli, while tho
whitcfl have only 289,867, and we are go?
ing to fill ull the offices. White men, as
well as carpot-baggers, must stand aside;
you have held office long enough; the
govorument of South Carolina is ours,
and all the forfeited property for taxes
is ours, and wo are going to divide it
among ourselves, reaonstruot the State
Government, compromise and pay the
old debt that was begotten in fraud by
tho money-seeking carpet-baggers, and
then wo shall havo our own wuy, and a
happy timo, indeed." There is no kind
of donbt but the above is the true pro
gramme, as is fully indicated in Rainey's
speech above referred to. Yet, in tho
face of all this, the whito people of South
Carolina arc idle, and doing nothing to
save themselves from tho ruin that is
slowly but Buroly ooming upon them.
Lot me say to all those who hope and
look for a better time for tho whites in
South Carolina while tho disparity in
numbers, remains as ubovo stated, that
their hopos aro vain in tho extreme. It
is hope against reason, and no one is so
foolish as to hope for that which reason
and common seuso teaches will nover be.
Hear the Union-Herald on the land quos
tion in South Carolina: "We aro, and
always havo been, tho advocates of tho
system of breaking up the largo tracts of
land (belonging to tho white man) iuto
small homesteads," (for tho black man,
of course.) Wonder how tho Herald
proposes to break up these large tracts
of land, while held by free men, us the
white man, of right, ought to be? By
heavy nnd heavier taxation, of course,
or else some other foul legislation.
White people of South Carolina, heed
thesu admonitions. Let no white mau
think or hope that ho will escape this
dire calamity that will befall his race in
South Carolina. The avaricious carpet?
baggers and ollicc seeker:;, who came
down from the North for this express
purposo, as well :is I he white mau, will
havo to step asido to make room for his
black antagonist. The white people ol
South Caroliuu need not expect, or
even hope, for help from Washington.
The General Government will, when
necessary, let it be Radical or Demo?
cratic, sustain the majority in their
rights in any Slate, let their color be
what it may. There is no more de?
testable creature upon tho face of God's
oarth than tho whito man, who, for the
sake or hopo of some good fat ollice at
tho hands of the black man, wo find
courting, belaboring and bobbing
around among tho colored people, like a
blind dog iu a meat house, and even
stooping bo low as to kisri their shoes?
filling newspapers with articles for their
especial benc?l; making speeches to
them and offering them so much gratui?
tous advico for their good, awl even op?
posing (Jt'j idea of bringing whise"bnmi
oration to South Carolina, when it is well
known to every intelligent white man that
'immigration is the only means by which
(he whites can avert the disaster to them of
a perfectly Africanized Government in
South Carolina. Let mo at once Buy to
all such, desist ut unco, for even tho
black nun understands jou, and in Lis
heart justly despises you, since your
object ia self. Your feigned aud alto?
gether hypocritical pretonccs aro plain
to him. He sees und knows, that olfieo
is your object. Ho wants, and will
eventually havo, all the offices himself,
and will cast you overboard. Who
blames tho bluck man for all this? I do
nol. ne ia not inconsistent.
WHITE MAN.
Not in tho memory of the oldest in?
habitant has there been such a rain
storm, extending over so vast an area,
and of auch loug continuance and se?
verity, as that which has jnst visited
tho country from New York to Balti?
more, submerging railways, destroying:
property, duluglDg tho whole land, and
interrupting mail communication, trade
and travel. Baltimore seems to havo
bceu a serious sufferer from this "rising
of tho waters," and tho papers aro filled
with aocounts of its deatructivo effects
in that city. All along the coast, from
Now England down, reports represent
the storm to"have been tho severest ex?
perienced for years, and bad news from
sea ts fearfully expootod.
Thoro is a prospect that the whites in
Minnesota will bo in tho future less
liable to Indian attacks thau thoy havo
been in the past. Tho Sioux having
recently whipped out tho Pawnees, tho
latter are now preparing for a retaliat?
ing war, and by the. tim'i it iu ended
there will be a great many bruves safely
despatched to the happy hunting
grounds.
At tbe recent meeting of the Southern
Historical Society, Admiral Semmes
submitted a paper in vindication of
himself. He said bis ship (the Alabama)
had been called a pirate and buccaneer,
bnt he would show that she was a regu?
lar ship-of-war, commiesioDed by proper
anthority. The Alabama had warrants
for all she did, and her conduct waa
fully justified by precedents from the
United States. He said that on the
first proposition, ho would say but little,
and would cocfiuo himself chiefly to the
second. He said the United StateB had
applied to English builders for ships be?
fore he did, but that the Confederate
authorities offered more. He said the
Alabama had been armed and commis?
sioned on tho high seas. Tho whole
fjaestion involved in the Alabama com?
plications was discussed elaborately,
evincing tho most ooourate information
and learning. Arter leaving tho legal
argument, he went into a citation of
various precedents furnished by the
aotion of tho United States in the war
of 1776 and 1812. He said the Alabama
had done nothing more than tho naval
authorities of the United States had di?
rected in innumerable instances. There
were grave charges against him. One
was, that ho had burned captured ships
without authority of law; also, that he
had violated his parole, and that he bad
foreigner* on his ship. Ho refuted ull
these charges by indisputable facts and
arguments. He said he was imprisoned
to mako au example, nnd was confined
for four months, while the Uuited States
authorities wcro bunting up tho evidence
to convict him. He said that while the
Alabama was built in England, she was
American all over. What our sires had
done in their day, their sons hud done
in their day. Tbe war is ended. If the
nation exists, we will have but one his?
tory. England has but one history.
She had no history of the war of the
Red und White Roses. Our Confede?
rate history will live fur a geuerutiou or
more. In 5U0 years, there will be no
history of tho Confederate States, but
of the whole country. Let U9, then,
preserve our records and archives. Oar
Sooiety must not be sectarian. If our
Government is to be a Government of
tho majority, without constitntionul re?
strictions, our days are uumbered; and
when that day comes, we will be vindi?
cated aud honored for our struggle for
constitutional liberty; aud .if we come
back to the old form of constitutional
Government, our courie will commeud
itself unto all men. We are destined to
become a people with one history. Let
us show magnanimity. If fame has
been gained on either side, let us perpe
tuatc it. Lst us pursue that moderate
course, and give credit where credit is
due. 13y the standard of truth, he was
willing to bo judged. Tho conclusion
ot his address was clcquont and touch
iug. Ho said that the Alabama sleeps,
in tho bosom of the British Channel,
that sleep of death which her com?
mander will sleep iu a short time at
most, as ho trusts, in tho bosom of his
nutivo soil. If history embalms the
struggle of tho old thirteen colouies, so
it will embalm our own immortal strug?
gle. His address grc-utiy impressed the
large and appreciative audience. There
was no bitterness, but uu nblo. tempe?
rate, conclusive vindication of the truth
of history.
Tun SouTiiKnx Debt Mostly Con?
ceived in Iniquity, Fraudulent .\nd
Void.?Some Dutch capitalists, who had
beeu induced to iuvest money iu Flori?
da State bonds, issued iu aid of the
Jacksonville, Pensucola and Mobile
Railroad, recently wrote to the Attor?
ney-General of that State, which does
uut pay interest on any of its bonds
issued since the war, for information as
to the vnluo of the securities which they
hold. Iu reply that functionary in?
formed the bond-holders that the State
does not owe the sums of money indi?
cated by their bonds; that there is no
provisiou made by law for the assess?
ment of a tax to paj- either principal or
interest; and moreover that such a law
never will be passed. Ho further told
his correspondents that tbe bonds were
fraudulently issued, fraudulently signed
and fraudulently circulated; but he ne?
glected to inform them, what is equally
true, that the greater part of the enor?
mous debt under which the Southern
States are now staggering was as fraud?
ulently contracted as that of Florida for
the personal benefit of a set of tho most
shameless and rapacious thieves of
whom the world bus any account, all of
whom have bad even* possible support
and assistance in " their plundering
schemes from President Grant und h:s
administration.
An extremely aged colored person,
who was twenty-live years of ago when
the revolutionary war began, is living
near Milan, Gibson County, Tennessee,
in a condition of good health which is
truly remarkable. This old negro, For?
tune Snow by name,"is said by Dr. A.
A. Davidson, of May field, Kentucky,
who wont to see him in Juno of last
year, to bo nearly 124 years old. Ho
was born in South Carolina, aud was
owned by a Captain Snow, who fought,
accompanied by Fortnur-, under General
Francis Marion, in the war of tho revo?
lution. Ho has had thirteen children,
the oldost of whom, were ho living,
would be over 1U0 years old, and the
youngest of whom is fifty-three. Ho
also has a grand-sou who is sixty-five
years old. Old Snow roads his Bible
without glasses, and hunts nnd shoots
squirrels nnd birds; hears well, and de?
clares that he was nover sick in his lifo,
and never took a dose of medicine.
Many persons go to see him, and with
all visitors be tnlks fluently and sensi?
bly. In height, ho is about five feet six
inches; in weight, about 115 pounds,
aud he is undoubtedly the oldest man
on the continent.
There were 30 deaths in Charleston
I for the week ending the 16th?whites 'J;
I colored 21.
Jefferson's Statue to de Removed!
The Washington correspondent of the
New York Herald writes:
Old Commodore Levy was remarkable
for his bravery and his admirutioa of
Jefferson. He was, in abort, an original
Democrat, and .had no love for Csesnr.
More than a quarter of a century ago,
and while commanding the European
equadron, he employed a celebrated
Italian artist to mako him a fall length
statue of Jefferson, which ho had cast
in bronze. This statue he bronfht
home and presented to the Government,
with a request that it be pluced in a
conspicuous place in one of tho public
grounds. A Whig Congress mude an
attempt to refuse the gift, but Webster,
more generous than Congres.", came to
tho rescue, and, being a friend of tho
Commodore, ho hid it accepted and
placed on a pedestal in front of the
White House, whero it has ever since
stood, an embodiment of tho simplicity
and the Democratic principles on which
our Government wa9 founded. The
present occupants of the White House
have for some time regarded this statue
with groat dislike, and have hiutod to
Gen. O. E Babcock that it ought to be
removed. Babcock only requires a
word, and is to-day proceeding to carry
out his commands, and the statue of
Jefferson, tho gift of tho brave old
Commodore, is bound hands aud feet
with ropes, reaely to bo lifted from the
place where it has stood for moro than
a quarter of a century aud to be placed
in an obscure part of the grounds, away
from publio view. Congress did not
nntborize this work of vandalism, nor
did it mako any appropriation for the
work now being done in front of the
White House. (ien. O. E. Bubcook
now assumes the entire responsibility.
The worst feature of the whole affair is
in tho fact that in tho place where tho
?ttutue stood au unsightly iron fountain
is to be placed, suggesting very differ?
ent thoughts. Ho much for Jefferson's
dislike of anything like Cioarism. It
will bo remembered also that Commo?
dore Levy purchased Mouticeilo, the
house of Jefferson, and resided there
until the outbreak of tho war, when,
like Farrngut, ho was forced to leave
Virginia on account of his loyalty.
Levy died a few years ago, and in his
will he bequeathed Mouticcilo and all
its I'aiuuble relics to Virginia, stipulat?
ing that she should keep it iu good pre?
servation, which, it is to be regrotted,
has not been douo.
A Revelation* of Swift Reiiubction
Lung Delated.?Tho following adver?
tisement appears in the list number of
tho Goytimuude (Njrtb Germany) (fa
"The following heirs of Catharine
Spelliug aud her daughter Dorothy,
both of whom died a violent death in
1S52, at Amsterdam, are requested to
s?ud their addresses immediately to the
Uoyui Probato Court at Amsterdam:
Sophia Behreusbruug, Otto Kelenacr,
Anna Derlliug, Maria Der?iug, Joseph
Derfling?all of whom emigrate 1 to the
United .States since 180-1.
"ERNEST BELGER, Solicitor."
This advertisement was issued iu con?
sequence of the discovery of the mur?
derer of the widow Spe-lhug and her
daughter, aud of the recovery of tho
spoils of his fearful crime upward of
twenty yoars after it had been commit?
ted. In July, lc?'2, tho police of Am?
sterdam yaw on the door of tho house on
Harlem street, whero Catharine Spell?
ing lived with her daughter Dorothy, a
notice to the effect that the two women
had gone to the country. This notice
aroused no suspicions, but wheu the old
lady and her daughter did not return
alter tho lapse of sis weeks, tho police
entered it. A fearful sight met their
eyes. The widow and her daughter,
with their throats cut from car to ear,
were lying on the ?jorin an advanced
stage of decomposition, while all the
bureaus were rilled of their contents.
It uns ascertained that the murderer
had carried off dianiouds, money and
bonds to the amount of nearly $150,000.
Time passed hy and tho double murder
was almost forgotten, until on the 3d
01 July last, th s house iu which the
crime had been committed was torn
down. Between it und the adjoining
house was a apace oi about a foot wide,
and hemmed in there was found a male
skeleton. At the bottom of this space
lay a large leathern pocket containing
the diamonds, the money and the bonds
of the murdered widow. This skeleton
was undoubtedly that of thu murderer
, of tho two women, who, after assassi
1 uating them an.l bagging Ihe '/hinder,
hud tried lo escape over the roof of the
house, but slipping his foot, had .'alien
into Iho space between the two build?
ing?. There he met with the just retri?
bution of his terriblo crime fie died
there the excruciating, painful death of
slow (starvation. ?
A Muhdeuous Assault.?A whito man
by tho name of Morrison, residing near
Lyuchburg, was terribly wounded near
\ that place, on luo lino of the Wilmiug
lou, Columbia and Augusta Railroad, a
few days since, by a colored man. Tho
I latter had used improper lauguago
concerning Mr. Morrison's daughter.
Mr. Morrison, whilo riding out with
his youngest daughter, saw tho no
! gro, jumpod down, and whilo chastis?
ing tho negro, tho horses ran off with
tho vehicle, to which Mr. M. turned
, his attention. The negro followed him,
and as ha stooped to pick up his child,
Mr. M. received several raotal stabs at
tho hand of tho negro.
The store houso of W. D. Mars, Esq ,
of Calhoun's Mill, with all of its con?
tents, was destroyed by fire about 2
o'clock, on last Thursday morniDg.
Mr. Mars fortunately had lusurance
upon his store of $10,000. Nothing is
known as to tho origin of the Uro; sup?
posed by 8oq10 to havo been incendiary,
' Iowa ladies write private ou a corner
J of their postal cards.
City Matters.?Subscribe for the
Phoenix?don't depeud on borrow ing.
"More rain, more rest." The rain
interfered materially with out-door work
yesterday.
At a recent masquerade at Saratoga,
John Cochr me, of South Carolina, wore
a costume made entirely of Confederate
money??50,000 worth.
Trial Justice Robert Tolbert, uf Colic
ton, has resigucd, and the Governor has
removed Trial Justice Thomas Owens,
of Lnurens.
The following is the range of the ther?
mometer at the Wheeler House, yester?
day: 5 A. M., 75; 7 A. M., 74; 10 A.
M., 7?; 12 M., 7G; 2 P. M., 77; 5 P. M.,
77; 7 P. M., 77.
The Sprague manufacturing matter is
again being agitated. If tho partita
mean "business," we hope the citizens
will back up the project. We await
further developments with a greut deal
of interest.
We caution our cotemporarieB against
publishing advertisements from A. Me
net, Park How, New York. He does
uot pay up. We can Scripturnlly say,
ho bus been "weighed in the balance
and found wanting." Rowell, Potten
gill, Carleton and Coe & Wethcrill we
have always found reliable. Our advice
to publishers h to demand partial ad?
vance payments.
As tbero are a large number who are
unable to attend the youug men's
prayer moetiugs at the Chapel of the
Theological Seminary on Wednesday
eveniug, we are requested to say that
hereafter two meetings a week will be
held?olc on Wednesday, as usual, and
the ether ou Friday. Both at half-post
8 o'clock P. M. All arc cordially in?
vited to attend.
Pn.02SIXI.YNA.?To be a party man is
only to be part of a man.
Tbe recent earthquake ia Chili gave
the inhabitants a cold shudder.
Peuteeost is celebrated at the cost of
m iny days of religious observances.
A hatter has straw huts labeled "Tho
best under the suu."
When a tnau snys that "business is
iiush," you may set it dowu that be un
derstauds draw p^k-ir.
A Wabash, lud., editor ruturns thanks
for a ceutipede sent him by mail, it be?
ing the first sent he had seen for a long
time.
A new book had just been published
under tho title of "The Ways of Wo?
man," and it is only ia ouo volume!
"Forever," iu the rhetoric of woman's
affection, is a sentimental hyperbole
meaning a period oi prociiely two
mouths.
A lady iu this city says that if death
really love.-; u shining mark, it is siuyu
lar that he has not aimed at her hus?
band's uoie before this.
Scrr.eme CocitT Decisions, August
20. ?L jCE'.vood A. McCants, respond?
ent, m. Edward L>. Wells, survivor, ap?
pellant. Motion for nonsuit granted.
Columbia Water Power Company vs.
city oi Columbia. In matter of John
Alexander aud S. Hook. Final order
modified and cause rsmanded to the
Circuit Court. The following is the
decision, the ouiuiou being rendered by
Judge Willard:
This was au attachment for eontempt
against J. Alexander, Major of Colum?
bia, and S. Hook, Superintendent of
tbe City Water Works, for an alleged
contempt, iu tbe violation of au injunc?
tion issued by the Circuit Court in the
above entitled action, pending in that
court. Tho parties appeared aud an?
swered to the alleged contempt, aud a
dual order was male adjudging both
parties defendant in &uch proceeding
guilty of contempt, and imposing fines
and costs upon tbom.
Both parties defendant have appealed
from ibis final order, and the appeal
presents several distinct quostioss that
will bo considered.
The first point of exception alleges,
that the rule to show cause "did uot
specify directly or indirectly any matter
wherein it was alleged that they were
liable as fjr a contempt iu violating the
injunction order of tho Judge." It was
not necessary that tho matters alleged
as the ground of the charge.of contempt
should appear on tho faco of the rule.
Tbe rule was mere process, and was suf?
ficient, if it appeared that tho proceed?
ing was ono within tho jurisdiction of
tho court. This exception also states
that neither tho affidavit nor the peti?
tion upon which tho rule was founded
was served upon tho defendants, Alex?
ander and Hook. A suit to show cause
should always be accompanied by a copy
of tho affidavits and other pspers ou
which it was founded. If tho party
who should make such service fails to do
so, it is ground for tho opposite party
to apply for time and tho service npou
him of tho papers on which the rulo
issued. Advantage cannot be taken of
such an omission or appeal, as it is at
most an irregularity not involving the
merits or substantial rights of the party
affected by it. (Code, Sec. 11, Sub. 3,
Sec 199.)
The second exception relates to mut?
ters ontirely within the discretion of the
, Circuit Court. It was due to the par?
ties to have reasonable time to make
their defence, and we are bound to as
[sumo that in matters of this sort full
justice was douo to them.
I Tho third exception, namely, that |
Hook had never been served with the
injunction order, appears to be well
taken. He so alleges in his return to
the rule, and no proof of service of the
injuoctiou as to him appears in the pro?
ceeding. Ab to him, therefore, the
order of the Circuit Court should b3 set
aside.
Tbe fourth exception is not sustained
aa it regards the defendant Alexander.
The petition charged on information
and belief that the gates connecting the
works of tho plaintiffs with tbe distri?
buting reservoir were closed by the
order of defendant Alexander, after the
injunction was granted. The aver
welds of the petition were unfficiently
distinct to put the defendant Alexander
to his answer, whether the gates had
beou closed by his order after notice of
tho injunction order. In his return, he
fails to deny the facts charged in this
respect,, aud, therefore, the charge
stands confessed. The same rule, in
this respect, should be applied to peti?
tions and statements of the facta and
grounds upon which relief is asked in a
special proceeding that is applicable to
formal pleadings; and by Sec. 101 of
the Code, all material allegations of the
complaint not controverted by the an?
swer are to be taken as true.
The proposition advanced by the fifth
exception, if to be understood as clear?
ing a party from the charge of contempt,
where he has acted under the advice of
oouusel, is unsound. Such fact may
bo shown by way of mitigation alone.
The proposition set forth iu the sixth
exception, namely, that in this State the
Circuit Court cannot enforce their au?
thority by the imposition of fines, if not
ii.consistent with the nature of the
authority exercised by the courts, is at
nil events inconsistent with the provi?
sions of the statute regulating the prac?
tice of tho Cirouit Court. (14Stat., 136,
Sec. 1; Gen. Stat., 497, ?ec. 4 )
The seventh exception is well taken.
There is no authority conferred by the
Code to tax as costs in a special proceed?
ing the allowances as costs in un uctioo.
It appears on the record that this was
done, and although the attention of the
Circuit Judge does not appear to have
been called to the point, yet, occurring
iu a final order, we are bound to notice
it us an erroneous construction of the
Ihw governing costs.
Tho order contained in the concluding
paragraph of this final order appealed
from, aud which directed the parties to
deliver up certain keys, was not in con?
formity to the nature of the proceed
iugs. Mo such order was contained in
the original injunction order. Had it
appeared that subsequent to the service
of the injunction order the defendants
had possessed themselves of tho keys in
question, in violation of that order, a
compulsory restitution would nave been
appropriate. But we must conclude
that at the service of the injunction the
keys were iu tho possession of the de?
fendants. It is not the province of a
preliminary injunction to compel the
trausfer of property of any kind from
one party to another. Tho party asking
for an injunction is assumed to be in
possession of the property, in respect of
which he demands protection, and all
tho injunction can require on the part
of the opposite party is that he should
forbear from interfering with that pos?
session. He cannot be required to per?
form any act whatever. If the plaintiff
cannot enjoy his rights without com?
pelling the defendant to perform some
act, he must wait until he has estab?
lished them by his judgment.
It is ordered aud adjudged thai Si
much of tho final order appealed from
as adjudges the defendant, S. Hook,
guilty of a contempt, and awards da?
mages and costs against him, bo reversed
and set aside, and that the proceedings
as against said defendant be dismissed.
It is further ordered and adjudged that
so much of said order as fix9s the costs
and expenses of the proceeding at the
sum of eighty-seven dollars and twenty
five cents, be vacated and set aside; and
that so much of s iid order as diiects
"that the said keys oi the water pipe
gates be delivered to S. A. Pearce, Jr.,
agent and clerk of the plaintiffs, be va?
cated and set aside, and that the case be
remanded to the Circuit Court."
LiiT or New ADVEKTisrMExis.
U. H. liaruwell?School Notice.
Meet log Bich land Lodge.
E. E. Davies it Co.?Cabbage.
IIoti'Ij Abrtvals, August 20, 1573.?
\Yheeler House?Q P* Paul, USA; T A
Murphy, Va; W Bell nnd wife, Ga; B II
Hand, Augusta; J W Swearingen, H \Y
Addison, wife, chilel and nurse, Edge
field; Mrs Williams, Fla; F IJ. Barnhart,
USA; W Laugblin, Blackville; W H
Trescott, Pendlet on.
Columbia Hotel?O J Harris, Ander
sou; L Potsdamer, Po; J Armstrong,
Baltimore; J B Goodwynn, Mrs W L
Mikell and child, J W O'Brien, G W7
McMunas, G Follin, Charleston; P S
Baker, Cherry ville; T W Pratt, NC; J
F Izlar, Orangeburg; 3 H Thompson,
N C; J H Hammond, Ala; Q C Lanier,
N C; J B Clydo, Pine House.
Tha Tombs, New York?which have
attained a national notoriety, if not a
reputation?are to be removed. A new
building" upon higher ground and better
arranged, is to be erected on tho block
bouuded by Canal, Elizabeth,, Bayard
and Mott streets, Borne squares distant
from tho preseut structure, bnt still
within what is called "thocrimo centre"
of the city. Tho new building is to he
large enough for all jail purposes, and
also for the accommodation of several
of tho city courts.
The Chioago Tribune thinks General
Graut very happy. He "makes no
speeches, writes no lotters, and never
vetoes salary bills." "He believes in
having a good time," says the Tribune,
and it add*, with a very sarcastic curl of
the paragraphoc.il thong: "About the
only thing General Grant would be
! likely to resont at the hands of the party
[ would be a reduction of pay."