The daily phoenix. (Columbia, S.C.) 1865-1878, May 20, 1874, Image 2
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?"
\