University of South Carolina Libraries
COLUMBIA, S. C. - ? ? ? Wednesday Morainff. May 20, 1874. . L*W of Landlord and Tenant. The ease of N. E. Edwards versus Wm. Mooney, tried before Judge ^Car? penter, a few days ago, involved a legal question of great importance to landlords and tenants. Mooney is the owner of a house and lot in Columbia, whioh he rented to Edwards, upon the express condition, in writing, that he was to surrender the premises upon failure to pay the monthly rent. El wards did fail to make a payment when it became due. Upon this, Mooney complained to a Trial .Justioe, who had a ten days' notice served upon Edwards, to show oaUBO why he should not be ejected. At the expira? tion of the ten days, no oause being shown, the Trial Justice sent hiB con? stables and had Edwards ejected, Mooney going with them to point on* the house. The oase whioh aroBO, and which has now had trial, was an action for damages for unlawful ejeotment. Judge Carpenter decided that tho Trial Justioo had no jurisdiction, and that Mooney was liable in damages. The jury found a verdict of $200 in favor of Edwards. Heretofore, Trial Justices have been exeroising jurisdiction under the twelfth seotion of the eighty-fourth chapter of the revised statutes, which provides: "That when any porson or persons have gone, or shall hereafter go, into possession of any laud or tenements of another, either as a tenant .at will, or under a oontract to serve another, either as a domestic servant or common laborer, or other? wise, and shall refuse or neglect to quit the premises so occupied," .to., then a Trial Justice shall have power to eject him npon, giving ten days' notice. The Trial Justices have held that the words "or otherwise" re? ferred to the manner of going into possession, and included all manner of tenancies. Judge Carpenter held that they referred to the kind of service. Inasmnoh as there is no other Act whioh oonfers jurisdiction on Trial JoEticea to eject tenants for non-pay? ment of rent, landlords have no remedy agtinst that class of teuants, exaept by an action in the Circuit Oonrt fer possession of real property. This being an action in whioh judg? ment can only be obtained in open oonrt, even when no defence is made, the delay involved would operate, greatly to the injury of the landlord, and in addition to this, he would have __Jp pay the taxed -ctfata, unless they ooot?^o^ollectjd out of the property of the tenant. The law, as it now stands on the Btatute book, is a virtual denial of the rights of laud lords, but like all unjust and partial laws, will, doubtless, operate to the in? jury of those in whose favor it was in? tended, since people will be very care fnl to whom they rent their houses, wheu they know they can neither col lent the rent nor eject the tenant. Tax Sales. We are glad to bear that the bid? ding was very Black at the sale of real estate for taxes, yesterday. That is as it Bhould be. No man should buy property which is put up by such a government as we have, and for such objects as the officials employ it to subserve. Now is the time to begin a wholesome resistance to these wrongs. The State Government has nothing to sustain it but the contributions of the tax-payers. They should promptly out off the supplies, and bring things to a decisive issue. Besides, those who may be inclined to purchase had bet? ter think twice before they invest in lands with doubtful titles. Wo ure informed that good titles cannot be mado by tho Stuto for property sold for taxes, where so many abuses attend tho taxing power aud tho usseasnieuts for taxation. -?4 The New Orleuus Picayune com? plains of the injury done to the work? ing classes by the indiscriminate dis? tribution of supplies, and says: A few days ago, a geutleman near Baton Bouge who had engaged bauds to build a mill for him, at high rates of wages, visited the mill, and found that all, inoluding the foreman, had left. He bad paid them their wages bot a few days before. On inqairing, he learned that the laborers had gone to the agency for the distribution of ra? tions to tho sufferers by the overflow. Suoh trioks as these must be sedulous? ly guarded against by keeping tho re? lief fond and supplies ont of the hands of tho small politicians and by a care? ful investigation of each and every ap? plication for aid. This shows that the warning offered to Congress by a Southern member oonoerning the danger of imparting the idea to the recently enslaved that they were to be Bnpported by the Go? vernment was timely and justifiable. The Mose? Imbroglio Ths scenes presetted in oar city, yesterday, will long be romcnabe red by oar citizens. Early in the day, the Sheriff of Orangebarg repaired to the Governor's reafdence with a warrant for his arrest, on charges preferred by the Grand Jury of that County, for breach of trust with fraudulent inten? tions, and for grand larceny. The Go? vernor refused to accept the service of the writ, aud procured a guard of militia for his protection, oousistiug of three companies, and distributed around his residence aud at the execu? tive offloo. The appearauce of these troops, in the discharge of such a duty as this, naturally excited a lively iuteroai, and they marched aud conn ter-marched through our streets iu their glittering uniforms, as if they enjoyed the pageant. In the afternoon, it wa3 ascertained that the Governor had been advidod by his counsel to surrender himself and give bail for his appearauce. This, it is understood, he did. The companies were theu dismissed. The matter now goes before the oourts, where, it is understood, the legal services of Messrs. Chamberlain and Elliott will bo rendered in tho Go? vernor's behalf. . What have we come to? Fraudu? lent pay certificates, Connty Trea? surers' defalcations, the losing of Acts of the Legislature, bankruptcy, and now an indictment by the Grand Jury on infamous charges?all matters in whioh the Governor of the State is implicated! These things show South Carolina in a most odious light. They are the fit accompaniments of the pro? cess whioh is now going on all ovor the State of selliug the people's property for taxes they oannot and should not pay. Infamy and ontrage cannot go any further. Will the Government ut Washington look at our condition? Can it see it by the light of these mor? tifying and odious illustrations? Will it persist in pretending to think that nothing serions is tho matter here? It is full time this infamy and oppres? sion were put an end to, and our own people moat norve themselves to the task of doing it, and that Bpeedily. -?. # ? . Tue Bank of the State Biei^? Postponement of the Tax Sat,es .? The following is a copy of JJje,'order of Judge Graham, postponing tha sale by the County Treasurer of all proporty for the pujmeufof the taxes on which hills cl the Bank of the State have .beren tendered: The Union Bank vs. Win. Gurney, County Treasurer. In this caso, the re lator asked for and obtained a rule on Wm. Guruuy, County Treasurer, to show cause why tho tender made for taxes should not be received. . The rule was made returnable on a certain day; but at that day, no return was made to the rule, aud the Attor? ney-General moved tho extension of the time to the 1st of June. When tho order was made to extend the time, no advertisement had been made of a sale of tho property of the relator, aud the time to which tho return to thu rule has beeu extouded is beyond thu time at which the sale now advertised will take place. I cannot doubt that when the counsel for the relator as? sented to tho extensiou of the time for a return to tho rule, although nothing was said in relation to it, it could not have been understood otherwise by them than that suoh extensiou of time should be without prejudice to them or tho parties represented. I consider it involved in the consent to that oxtensiou that the conditions of the relator should not be changed or all'eeted by the extensiou of thu time given to the County Treasurer. I consider it, therefore, but just to all parties that I should now order that the sale of the property of tho relator, which has been advertised to be cold by tho County Treasurer, should be postponed until the further order of tho court; and it is now so ordered. Tho same order will apply to all other cases iu which a like tender has been made by those whoso property has been advertised to be sold by the County Treasurer, William Gurnoy, for payment of taxes. Let a copy of this order be served on William Gur uoy, County Troasuror for Charleston County. R. F. GRAHAM. Mat 1G, 1871. A New Point of Law.?The wautou and brutal murder of the young girl, Mary Lawlor, in New York, some time ago, by the ex-policeman, John Doyle, because she had, aftor being once en? gaged, discarded him on account of his intemperance, will be remembered. The evidence is, that Doyle went to see the girl at the place where she was working, called her ont, and then nhot her dead. Yet last Friday, instead of trying Doyle for the offence of murder in tho first degree, the District Attor? ney permitted him to plead guilty of murder in the second degree. Judge Brady, in sentencing the prisoner, al? luded to tho faot that Doyle was intoxi? cated when he killed Mary Lawler, as an indication that ho had no deliberate intention to kill. If that is a sound principle, then, as the Herald well says, Foster was unjustly hanged; and if Doyle could plead guilty of murder in the second degree, then the grade to murder in the first degree in New York is practically abolished. i Thk Financial Sams of tue Kino. This "new way to pay old debts" by which Mr. Gardozo and his associates propoee to rednoe the bonded indebt? edness of Son th Carolina from 816. 000,000 to $5.C00.000, is a fitting cu! > urination to the long course of rascally operations pursued sinoe 18G8, which the Sooth Carolina officials call finan? ciering?Operation? which, wheu stripped of all disguises, are foaud to consist in plundering the tax-payers ol the State with one hand and defraud? ing the money lenders of New York with the other. Wo nre aware that Mr. Oardoz3 and his fellow-officials S profess to have turne J over a ucw leaf, and affirm that they arc trying to run the government with honesty and economy. Wo havu soon no evidence to confirm their assertions. The tuxes collected last fall weru ample to have paid a year's interest on the entiro hooded debt and all reasouablo ex? pense of carrying on the .State Govern? ment, bat the L.'gisluturu made way with tho whole amount, and, as usual, stripped the treasnry of every availa? ble dollar. If wo are told that tho State officers are trying to ubeck the tide of extravaganae and corruption, wo shall want something more than fair words before we pat faith in tbem. When we- hear of the arrest of Mr. ex Treasurer Parker and Mr. ex-Fi nanoie.1 Agent Kimptou, who, accord? ing to the statements of these officers, sold or hypothecated some $6,01)0,000 of fraudulent bonds in New Yoik, wo shall begin to think there is something in these professions of virtue; but while Parker parades his wealth in Co? lumbia, and Kimpton is in friendly consultation with Treasurer Curdozo in New York, we cau see no reason for changing onr opinions. |iV?!c York 'Iribune. Mr. Washington McLean, the editor of the Cincinnati Enquirer, the paper money Democratic organ of the West, refused to attend the Manhattan re? union ic New York, and says that there will be a new Democratic party in tho West, with a demand for an increasing amount of currency, as the chief plank in its platform, and which will refuse an affiliation with the bund-holders, us he calls Messrs. Belmout, Schell and other bullion men. "We in the West," says Mr. McLean, "are for more mo? ney, more currency. We own lands, not bonds. Increased currency in? creases the value of our lands. It does not help bonds; fur a $10,000 bond is always a $10,000 bond; bus a $10,000 farm may be madu to sell fur $15,000." There are a good many Republicans in the West, and in the Esst, too, who bold .tho name opinions that Mr. Mc? Lean claims for his Democratic consti? tuency. The Yodxo Men*.?Everybody bo lieves there is to bo a geuorul over? turning in political affairs, and this is undoubtedly true. Tho time has oome for intelligent and honest young men to come to tho front and do their duty as honorable, patriotic citizens. Let there be a new deal; and let the offioes be filled by capable, intelligent and trusty men. Let it bo no oue-sidod thing?all wbito or all colored?but a fair division. The pooplc will stand by such a movement. [Columbia Union, We aro reminded by the St. Louis Globe that the next inauguration day, Maroh 4, 1876. falls on Sunday, so that the presiding officer of tho Souate pro tarn, will be President of the United States from Sunday uight till Monday, at the hour that the Presi? dent elect is Bwuru in. This has 00 ourred twioo befure, Mouroe beginning his second term Monday, Murch 5, 1821, and Ziohary Taylor his term on Monday, March 5, 1819. Will they never settle tho Spanish succession? It has thrown tho whole continent into confusiou several times this contury, and has been tho mak? ing or unmaking of mightier nations. The defeat of the Carlists has been rapidly followed by a crisis at Madrid, 1 and tho now government evolvod is now oredited with Alfonsist tendencies. The Alfonso in quudtion is a sou of tho dethroned Isubclla, but rumor is divided as to his paternity. FiltE at Bl.vcestock.? Wo regret to learn that a destructive fire occurred at Blackstock on Sunday afteruoon. Tho establishment of (Jaldwcll, Stewart A Co., and uu unoccupied building wero burned down. Tho proprietors of tho former store succeeded in sav? ing n portion of their goods. Their loss, however, was heavy. No insur? ance. Tho tiro is supposed to have been the work of an incendiary. The Charleston and Snllivau's Island llailroad has completed tho prelimina? ry survey of the routes through which it will bo practicable to establish tho road, and a very elegant topographi? cal map, eight feet long and three 1 feet wide, has been executed by Messrs. Barbot and Smith, the en? gineers in charge. Tbo Colambus mills havo taken thus far this season 6,850 bales of eot I ton against 5,246 last year, showing an increase of 1,604. The Columbus cot? ton receipts aro now 59,485 bales? 3,736 more than last year. About 100 members of tho Indiana Editorial Association left Indianapo? lis on Thursday morning, on an ex? cursion for Washington, Baltimore, New York and other points South aud East. The dwelling house of Mr. S. C. M. ? Hood, in Lancaster County, was de? stroyed by fire last week. Iocendia rism. The Lauronsvillc Herald states that there is a good prospect for the early rebuilding of tho Laurensville Bail road. Atlanta, Ga., has voted $5,000 for State fair premiums, Cttx Matt Urs.?Subscribe for the Phcbnix. The Colombia] Dranjatio Company play again this evening, U Parker's Hall. "Tbe Veteran" and "Paddy Miles' Boy" have been selected, i Tho Phoenix job office is complete I in every respect, und oards, posters, j pamphlets, programmes, bill-heads, etc., arc turned out with alacrity.. The so mew hat notorious colored law? yer, Aaron Alpeoria Bradley, was tobe I seen on the streets, yesterday. He claims to be a "cracker." Sorrows are visitors that come with? out iuvitatiou, but complaining miuds ; send a wagon to briu^ theic troubles home in. This office lacka uothing of being a lirst class job office. Any style of work desired we can do, and that at low Ggures and on short notice. Hoffman & Albrccht arc in reeeipt of another lot of those fine Baltimore sausages. They also receive fresh strawberries aud all sorts of vegetables every day. We have beeu requested to sUte that calf-head soup will bo served for lunch to-day, at the Pollock House. The supposition is that either Pat. or Lewis will be decapitated. Tbo case of Allen vs. Faguu?tres? pass?was decided yesterday. It was to try title?Allen objecting to City Surveyor B. F. Jaokson'a survey. Major Mahon surveyed for Mr. Allen. Mr. Jackson's survey was sustained for the third time. Mr. Levin disposed of several pieces of property, yesterday, for non-pay? ment of taxes. Treasurer Neagle noti? fied delinquents that he would post? pone further sales uutil this moruiug, and in tho meantime defaulters could pay up. Abrain (of the Stork family) says South Carolina is badly treated. Ar? kansas was blessed for a time with two Governors, but some of the dissatis? fied individuals want to disp ose with the one little Governor with which South Carolina is blessed. (?) The two companies of zouaves be? longing to Col. Minort's regiment, pa? raded yesterday, and after exhibiting their proficiency in the manual of arme, weut on a pic-nicto Mr. Ssegera' brewery. Tho one oompany appeared in red coats aud blue leggius, and the other in bine coats and red leggins. Wo are pleased to loam that Dr. Neagle, in tho discharge of an unplea? sant duty, has shown a proper consi? deration to tho unfortunate tax delin? quents. In some cases, he received money even while the sale was goiog on, and in other ways sought to relieve the hurdi.hip which the State (-jo-called) is iuflicting upon its citizens. Piu-Nic.?Tho Sunday School of the First Baptist Church will hold its annual pic nic at Woodlawn, on the South Carolina Railroad, on Thursday, May 21. Member* of the school, and friends wiehiug to go, will meet at the ohuroh at 8 o'clock A. M. For par | ticulars as to arrangements, apply to D. Jones, at R. C. Shiver ?fc Co.'s store, or to A. J. Dodamead, Super? intendent. Court of Common Pleys, Mat 19.? Tho case of Michael Allen against Jerome Pagan was concluded, the jury finding a verdict for tbo defaud aut. Somu untried cases on the sessions docket were called, and being unready for trial, were continued. Tho Graud Jury brought in true ! bills against Jacob Lowraan for breach of trust, aud tho Couuty Commis? sioners for not repairing highways, aud were thou discharged. Calendar No. f> was called, and all cases not fixed for a hearing ou some particular day, were eithor coutiuuod or dismissed. Thu Court adjourned at 1 P. M., ? uutil 10 o'clock, to-morrow morning. Convenience of Travel.?The new schedule of the Charlotte, Columbia aud Augusta Railroad, to which we called attention iu our issue of the 17th iustaut, provides for two through traius from Augusta North, through Columbia?the day train via Charlotte and tho night train via Wilmington; tho former over the whole length of tho Charlotte, Columbia and Augusta Railroad, and tho latter between Au? gusts and Columbia, a distance of eighty-five miles. This seems to be a very good arrangement for tho Char? lotte, Colombia and Augusta Road, as it will have a majority of all tho through passengers both ways, and at the same time reduce their oporating expenses, by the discontinuance of the night train between Colombia and Charlotto, a distance of 110 miles?a very considerable item daring the dull summer months. We anderstand that a passenger coach will bo attached to the freight train, to give additional ac? commodation to looal travel between here and Charlotto. Main arbanohmkht/s. -?-Nor! bam mailopen? 0.80 A. M., 3 P. M.; closes 11 A. M.. 6 P. M. Charleston opens 8 A. M., 5.30 P. M.; closes 8 A. M., 6 P. M. f Western opens 6A.il, 12.30 P. M.; oloses 6, 1.30 P. M. Greenville opens 8.46 P. M.; oloses 6 A. M. Wil? mington opens 4 P. M.; closes 10.30 A. M. On Sunday open from 2.30 to 3.30 P. M. Puxekixiana ?Throw lifo into a me? thod, that every hoar may bring its employment aud every employment have its hour. Ibis one of the curiosities of natural history that a horse enjoys his food most when he hasn't a bit.in his mouth. Hay? A mental reservation is that which under-ftes a statement. Let not the stream of yoar life be always a murmuring stream. All men praise patience, but few can praotice it. * In the great band of the Father, when the balance of good and evil is Qnally adjusted, and all finite reason? ing is laid ut rest forever, wbiob, think yon, will weigh dowu the soale, mo? tives or deeds? List op New ADvBirrrsEMHirra. Meeting of Board of Fire Masters. Notice to Claimants Against City. Hotel A um vans, May 19, 1874.? Hendrix House?J N Hammet, Miss Irene Teague, Blackville; W W Mil? ler, B T Reagin, Newberry; Mrs H A Meetze, Mrs H Geiger, Lexington; Charles H Smith, Baltimore; R H Moomaugh, St Louis; J N Perkins, Richmond. Columbia Hotel?MBIumurther, N J; Henry A Meetze, Lexington; Miss Catharine Stewart, Miss Ellen Stewart, N Y; Mrs A B Potts, Baltimore; E D Berry, Lexington; John F Newman, J J Murrill, J D Stoney, Charleston; M L Bonham, Edgefleld; Mra O B Evans, H B Moore, Philadelphia; Mra Vir? ginia Pace and child, .Ninety-Six; W T Butt. Augusta; G W Long, N O; Jas H Rion, Winnaboro; Mrs Bollin, O P Gardner, Greenville. Wheeler House?H S Werling, Mra N T Oonkling. F A Conkling, E D Mai ford, N B; C C Gilbert and wife. Mass; F Arnim, S Oj T C Jt.sc?, J Jenkins, J A Turrent ion. N C; Mrs Blake, Ga; N B Mazyok, G & C R R; A N Talley, city; LB Thomas, Va; J S Pinkus sobn, A B Mulligan, J S Browning, Charleston; DH Bonesteil, N Y; A F Gibson, E F Thomas, Md; E S J Hayes, Lexington; E A Keith, N O; Q A Myers, Riohland; W G Brown, N O; R Singleton, Acton; George Crosby, Camden. To all, particularly invalids, spring is a trying season. Indications of sick? ness should at once be attended to. Fatal diseases may be caused by allow? ing the bowels to become constipated, and the system to remain in* a disor? dered condition, until the disorder has time to develop itself. An ounce of prevention is worth a pound of cure, is an old and truthful saying. Therefore, we advise all who are troubled with the complaints now very prevalent?head aohe, indigestion, disordered liver, want of appetite, nausea, or feverish .skin, to take, without delay, Sohenok's Mandrake Pills. We know of no remedy so harmless and decisive in its action. It at once strikes at tho root of the disease and produces a healthy tone to the>ysfem. People never need suffer from any disease arising from a disordered condition of the liver, if thoy would take this excellent medi? cine when they feel the first indica? tions of the malady. Families leav? ing home for the summer months should take three or four boxes of those pills with them. Thoy have an almost instantaneous effect. They will relieve the patient of headache in one or two hours, and will rapidly cleanse the liver of surrounding bile, and will effectually prevent a bilious attack. Thev are sold by all druggists. M10f21t Pond's Extract.?Large sums of money aro spent by the afflicted to find relief from piles. The Extract is a certain cure of blind or bleeding piles. M12f4T|l The next proposition of the crema tionists will be to utilize the ashes of the dead for the use of the living: If CiOiar's body, "dead and turned to clay, "May stop a holo to keep the wind away," Why may not Frothingham, combined with plaster, Be used to make our garden truck grow faster; Or Bergh, reduced to ashes fine and dry, Be boxed and labeled, "concentrated lye!" Some Yankee genius, on invention bent, May find in Beeoher's urn a good ce? ment, And Batter's oaroass, by the flames refined, Polish the stirer spoons he !eave? be? hind. * T. J. Carebill, an estimable oitizan, was murdered in his bed at Ruther? ford Station, Gibson County, Tenn., on the night of the 12th inst., while sleeping beside one of bis ohildren, and robbed of $700. His head was crashed with a hatchet or bar of iron. Tho murderer escaped. Imagine tho agony of a Riohmond mother who has lost her infant, when she says to its' mate, "You Gawrge Washington, quiok 'splain yourself, ohile-f?stop dat ar fool smile?whar you bin done wi' de baby?" \