The daily phoenix. (Columbia, S.C.) 1865-1878, December 12, 1874, Image 2
Saturday Morning, Deoembor 12,1874
<Jsd*Xfi kynoh?Wlia.1 is L.y tacb.lngl
The Union-Herald insists that there
i is a difference in the emotions, of the
hangman who "walks off" a man, and
in those of the man so "walked oil."
Perhaps so, bat who knows? These
things are roeondite and bard to find
oat. One man's meat is another man'B
poison. We have a sort of pleasure
in South Carolina, which we enjoy so
s&neh that we should iiko somo cf our |
professed friends to take their turn at
it. Sorely they oonld not complain, if
in deed and in troth, as they practi?
cally say,
"The ploaanro Ib as great
Of "being cheated aa to choat."
Charles Lamb wrote glibly of "the
inconveniences of being bangod," but
a trial might have made him better
satisfied with it, and wo hope theso
friends will not regard the inoonve
nisi!o?3; hut try it on. We remember a
1 oar nod quarterly review dissertation I
on tho delights of drowning, the ex?
qaisito sights and Hounds, tho delicious I
?treams of thought, memory, &o., &o.
Wo should bo glad, again, if some of
our friends (over the loft) should try to
realize some of this peculiar sort of
? enjoyment. Howover, leaving thorn
refinements, which thu uupbilosophi
oal speculations of our noighbjr on
the difference in tho pleasure of walk?
ing oil and being walked off have
suggested, wo oome to sterner stuff.
He thinks lynchiug moans death, aud
cannot, therefore, be considered as a
mild punishment, at least by tho
lynchoe. But doath itself is miidor
than scalping, say,or prolonged torture,
or being fliiyod alivo like Maseyas, or tho
sleepleusccss cau-.ed by tho steady ap?
plication of the knout. But does
lynching moan death? It may c:i3uo
irom it, but not necessarily. The word
? 30nveyH tho idea simply of a lawless
kurooeeding by u mob or crowd, tho
punishuiout of a person without, regu?
lar !og-il trial. But the lawlessness
tt&y stop short nf taking life. It is
usually understood to apply to oastiga
tion inflicted summarily on tho bare
back. Tho custom prevails iu all fron?
tier sottlemcnts. It comes back some?
times to communities where the law is
overthrown and jnstico denied. By a
sporadic effort they throw off the inca
bns, and through violence-, and somo
times blood, establish, a sort of wild
-j nut ice iu place of that which was lout,
uud restore order, rid themselves uf
pests, agitators and troublesome rings.
The circuit of tho original Capt. John
Lynch was at the foot of the motu;,
tains, in tbo upper part of the Pendk
ton district, in this State, where, a
.long timo ago, tho eettlementa were
-thin and turbuleuoe prevailed. Iiis
administration of justice was shaped
-by bis BurroundingB. Ho was tho au?
thor, us Mills informs as, of "tho fa?
mous law called by his name, of very
notable effect," and his name, with
those of Qen. Andrew Piokens and
Gon. Robert Anderson, placed among
?tho eminent men of his section. We
suppose that he is the original Judge
Lynch. Ho waa afterward known in
Mississippi, and perhaps in Tennessee,
and his soul still hovers about and,
like John Brown's, keeps marohiug on.
A Bold Step.
Wo loft the Republican canons a
little soon on Thursday evening. The
best part of the entort&inmout came
afterward. In response to repeated
calls, Goveiuor Chamberlain appeared
apon tho stand and delivered aa effect?
ive and significant speech. He avowed
his purpose uufliuauingly to stand by
tbo p!odg3s made during the cam?
paign und repeated in his iaaugur.il
message. Whatever others might dn
or adviso, whatovcr cvon his party
might do, he wub emphutic iu declaring
that ho was uuultcrably committed to
a reform pob'oy, aud would lollov/ out
the liuo which ho had tdroady traced,
bo the consequences what they might.
In rcferonco to tho office of Judge for
a district embracing the chief com?
mercial oity of thcStatc.it was im?
portant that a true Republican, a man
of superior parts, large attainments iu
tho law, aud of undoubted integrity,
should bo chosen to fill it. Hu was
not batie.fied with thu qualifications of
oithcr of the candidates. Mr. Whip
pec was incompetent to discharge ito
duticu, us be knew from porsoual
obicrvatiou, having practiced at the
same bur with him. Besides, ho lay
under imputations in oounectiou with
tho operations of tbo Sinking Bund
Commission. As to Mr. Baker, bo sup?
posed him to be a man of average ca?
pacity, and perhaps of rcBpeotublo
knowledge of law, but that was all, and
WRS not enough. Tbo Republicanism
of these two he did not ia any way
qnwriowi'-^bty-w?r?=bor?- andbred
to it like himself. In this respect, Mr.
Rsed bad an advantage over them, aa
he had boon compelled to brave tho
duplenBu.ro of old friends and assooi
atea in the abortion of his Republican
creed. He was ulso their superior in
legal attainments and general oharac
tor. llo was, therefore, hia candidate
for Judge; not uuexceptionnblo by any
means, cot coming nn to the require
meuts of the office, but preferable to
eithor of the others.
Tuia wad bold and frank conduct on
the part of the Governor. We do not
refer uo mnob to his choice of one man
over another, ai to the reaeous for his
ohoic.', (except always the political,
which he makes too promiuunt,) and
to the ideal which ho bus iu his utiud
of qualification for high position. Ho
evinced moral oouraga in stigmatizing
tho corruptions of his party, and iu in?
sisting that thoy shall eoaso. Ha guvo
the beet practical proof that ho ia iu
earnest in what ho has demanded. He
placed himself directly in the path of
incompetent men, of doubtless charac?
ter, of auspicious uutecedeuts, and ar- j
raigning them for these defects, dis- j
pntod their title to preferment. This |
is tho spirit of reform, and wo heartily
commend it. It is tho wuy to win tho
confidence of the country, and Go?
vernor Chamberlain is successfully pur?
suing it. Uo will be warmly euatuiutd
while ho follows this .straight and nar?
row, but just and honorablo path.
i.ths l'oinici uutl More Pcnve?
The most sensible uud most hopeful
action wo havo scon taken by any
body of tho colored people ia that of
tho various colored societies of Mam
phis, Tennessee. The principle which
lies at the bottom of i; new orgauiza
tion into which they have entered is
liberation from nil old political tion,
uud the cultivation and muiniainauce
of permanent peaco with all men. It
is a s;igm!jcaut fact, that before they
oau enjoy and cuitivutc friendship,
they ?::v; themselves compelled to
abjure their party au'l political rela
tious. Tbc corner-stone of the Re?
publicanism of the Africans iu the
Souti; i.s hos'iiiry to the people among
whom they were reared, resulting, us
wo havo seen, iu iuj prostruMou of
some S:ato*, und iu the injury of ail.
Iu the incorporation of this hurtful
spirit into their policy, the colored
people were tho dopes uud victims of
men smarter than themselves, and in?
finitely their superiors iu malignity.
It is to their credit that here an?! there
they begin to opou their eyos to this
truth. A good number oi them iu
this State have ?hown that they soo to
what vile nses they have been put.
But independent opposition to tho
rings which havo encircled them is
more frequently s^ou iu other States
thau in this. Tho "Kuights Brother
hood and Monumental Association" of
Memphis havo u dorr disccrnmeut of
the deadly embrace of their psendo
political friends, and havo extricated
themsolves trjm it in or iur that they
may enjoy peace, und henceforth en?
gage io ouiy peaceful pursuits. Thin
is progress iu thu right direction.
Kin (Ion or Judge.
J. P. Heed, Esq., of Anderson, was
elected, yesterday, by tho General As?
sembly, on tho first ballot, Judge of
the First Judicial District, for tho uu
expirod term of thu 'at; Judge R. F.
Graham. The vote stood: Reed 103;
Whippet 10; Baker ID; uud scattering j
3. Tiiis election was regarded as a tost
of tho power and iuiluonco of the Ad?
ministration, which hud warmly taken
up air. Reed as tho most unexception?
able of tho candidates who were prt
st i.led, judged by tho standard of tho
rofiTtn policy marked out in tho Go
vftrnor'.'i iuungnral message.
Thu First Judicial District and tho
city of Charleston are to be congratu?
lated upon tho electiou o." this rjculic
man. While ho may not be alto
gcthcr tho Jadgo of their choice, jet
amongst tho men who e.iu be pro?
moted to office in the present condi?
tion of .South Carolina, he stands
amongst tho ?rtit iu talent, character,
attainment and general lituess for thu
pobiliou to which ho Lias boon chosen.
Ho i:i in the vigor of life, uns for
oighteer. years tho Solicitor oi the
Northern Circuit, is kuowu ior his
assiduity iu business and devoted to the
prolesiion of tao la\v, aud is possessed
of gootl talents und frank, earnest
manners. Elected on tho reform pro?
gramme of tho preBcut administration,
ho will havo tho incentive of the task
of recomtneudiug it to tho acceptance
of (he people, und currying out its
behests practically in his Circuit. Wo
trust, as wo hope, that ho will make
an acceptable magistrate, vigorously
sustain the reform policy, and add to
hia own reputation.
Friday, Deoemder 11, 1874. i 1
j SENATE. i.'ft^l
Mr. Smalls presented annual report
of P. Tj. Wlggln, Solioitor Second Ja
t dioial Circuit, for year 1874.'
I Mr. Jeter presented claim of B. G.
McOlare, for publication proolama
J tione of tbo Governor.
Mr. Bowen introduced bill to regu?
late rate of interest.
Mr. Myers?Bill to amend Chapter
OXXU, Titlo 4, Section 40 Revised
Statutes.
Mr. Maxwell ? Bill to amend Section
2, Chapter XXXIX. Title X, Part 1
Goceral Statutes, relating to School
Trustee.
Mr Jeter introduced a resolution
relating to amendments, etc., ou third
reading of bills and resolutions.
A joiut rosolutiou pmposiug an
amendment to the Constitution of the
S;nt?: relating to jurisdiction of Justice
of the Peace, received its third read?
ing aud was agreed to.
Bill to make appropriation for pay?
ment of salary und mileage of meujur.v:
of Guueral Assembly, and sul.try of
vubordinatu officers und omployics,
aud other espouses incidental thereto,
was read third time. Salaries of ?he
olerks aud assistants were reduced
31,000 each. An auictidmont relative1
to pay of Chnpluins wes ?trickou out.
Joint resolution to ratify the amend?
ment to the Constitution relatives toiit
creuiso of debt of Counties, cities und
towus, was ordered to !i? ou table.
A resolution to adjourn to Monday,
12 M., was agreed to.
At 1 P. M., the Senate proceeded to
tho hall of the House of Representa?
tives and balloted for n Judge of the
First Judicial District; after which
they returned to their hall aud shortly
afterward-? adjourned. I
HOUSE OF REPRESEN NATIVES.
Mr. Hirsch, from tho Committee on
Privileges nud Eiectious, submitted n
report relative to testimony, etc., iu j
contested election cases, which wis or?
dered for future consideration.
Mr. P. Siinkins, from tue Ways and
Means Committee, reported ou rteverui
bills, etc.?unfavorably on j >int reso?
lution to app untucommittee *;i inves?
tigate financial affairs of Kern I raw j
County; petition of F. \V. MoMustcr,
to redeem lands and for u new usses-"
mout, and they were rejected.
Mr. Wideman introduced bill to in?
quire tho Auditor ot Abbeville County
to attend at !-t nil polheg ptacetttor;
assessment of property.
Mr. Davis ?So confirm, air- : and
modify charters of iucjrporiuion ?
Carolina Liumlx'r Manul 'during <.? :?!
pany ami Taylor lrou Works Alana
facturus Company, of Chorlc-tou,
established under the Ac! entitled "An
Act to provide for the grunting tif cer?
tain charters," approved February 20,
1874.
Mr. Melchcrs?Bill to incorporate
Ashley River Riihoad
A bnl to am etui an Acl to provide
for redemption of forfeited lands npoti
certain conditions therein mentioned,
and to extend provisions ui same, v,as
rejected.
Mr. Treu bed iu ? Bill t-.i provide lor
redemption o: certain obligations ui
the State.
?dr. Sloan presented petition oi C.
J. lredell, Cashier Carolina National
13ink, of Columbia, asking un appro
priation to pay claim of said bii:k;
also, presented claim of Dr. M. Li
Borde, for services as Professor o: the
University.
Mr. Westou presented claims of
Mesers. Cooper & Taylor, of Columbia.
Mr. R. M. Smith?Bili to incorpo?
rate the town of Limestone Springs,
Spartuuburg County.
Mr. Davies preeeuted report of
County Commissioners of York.
Mr. G. H. Holland introduced reso
lurion, that when this House ad?
journs, it stand adjourned until Tues?
day next, at 11 A. M. Not agreed to;
but a resolution was afterwards adopt?
ed to adjourn uutil Monday, at 11 A.M.
Tho Seuate^seut to tbo llon^e, Joint
resolution proposing an amendment to
the Constitution relative to tba juris
diction of Justices of the Peace; to
relieve H. L Buck, of Horry, of cer?
tain taxes ou property destroyed by tin :
bills to repeal Section 2, Chapter 535,of
tho Revised Statutes, relative to ar?
rests; to make nppropriutiou for pay?
ment of Balury and mill age oi mem?
bers of General Assembly, salaries oi
subordinate officers aud employees,
aud other expenses incidental thereto.
Mr. Leslie?Bill to nine ltd Sections
31 aud 3-1, Chapter XXV, ct General
Stutute*.
Mr. Harriott presented protest of L.
A. Hirpor ngiiust the right to a scat
oT E A. Brabham, member from Col
letou; also, introduced bill to protect
i employers und 1 iburera ou plantations.
I Mr. Ferguson ? Bill to amend an Act
entitled "An Ast to alter aud uincud
charter of town of Greenville und for
other purposes," and au Act to alter
and amend said Act.
Mr. George?Bill to repeal S- ctions
53 und 5G, of Chapter CXX, Tille IV,
of the General Statutes.
Mr. Gary introduced concurrent re
Bolutiou, v. hieb was ordered to lie ovt r,
that u committee of iivo on part ol the
House and-on part ol* tue Senate,
be appointed to investigate the
linuuei.il affairs ol tbo Slate, with
power to send for persons and papers,
and who shall repot t as soou as pructi
cable: Provided, Thi.t said investiga?
tion shall not be the menu.-; of any ex?
pense whatever to the State.
Mr. Wolfe?Bill to authorize mid
require County Commissioners of Lan?
caster to represent stock Cheraw and
Chester Railroad Company held by
said County.
Mr. Crews gave uotico of bill to in?
corporate Eastern and Western Trans?
portation Company.
Mr. Hooter?Bdl to prohibit all per?
sons from bearing or carrying con
o?lad deadly- weapop?,on any oleotiou
day, at or within oae mile of any poll?
ing; place.
Mr.. Mailer gave notice of a bill to
?horten the sossion.and reduce pay of
members of the General Assembly.
Mr. R. G. Howard presouted peti?
tion of A. J. Shaw, lato Solicitor
Fonrth Circuit, praying aPProPr';lt'??
to pay arrearages of salary.
Mr. Johnstou presented report
County Commissioners of Marion for
1873 and 1871.
Mr. Weathorlv?Biil to amend Sec?
tion 117 of Title IV, Part II, of Code
of Procedure.
Mr. Botitou?Joint resolution rela?
tive to past indebtedness of New berry
Couuty.
Mr. A. Simmons?Bill to repeal an
Act entitled "An Act empowering the
City Council of Charleston to elect tin
Inspector-General of Timber and
Lumber and for other purposes.
Mr. Curtis?Joint resolution to al?
low J. B. Gourtliu, Frank Guardin
und Jas. Hiwkins, of Itichl.tud, to rc
dcetn certain forfeited lauds.
At 1 o'clock, tijo Senate joined the
House. The President took the Chair,
and announced that, iu accordance
with a resolution previously adopted,
tho two Houses wero row met iu joint
assembly for the purpose of electing a
Judge ot the First Judicial Circuit tu
fill vacancy occasioned by tho death of
Hon. 1. F. Graham. Messrs. Eiiiiu
C. Baker, W. J. Whippet and J. P.
ltccd were nominated and balloting
commenced.
The Senators who voted'or Mr. J.
P. Reed uro Messr- Andrews, Bowcn,
Carter, Cochran, Corwin, I> ?tmldson,
Duucuu, Daun. LV.mii-, G uiiard,
IIa} tie, Uollinshead, Hope., Jervey.
Keith, Martiu, Maxwell, Meyers, 'J.
.^mili- \ id J 51. Smi'h?20. Fur Mr.
W. J. Whipp?! ? Messrs. Cain. John?
ston Jones, Ivasb, S'tulU, Walker,
Warlov and White??. Mr i: C.
Oakcr?M???srs. Is, Owen?, Clin
tun and Whittntaore?-1 Mr. W. F.
Colcoek?Mr. Jeter.
Tho Representatives, who voted for
Mr. J. P. Ii?e<; are: Messrs. Austiu,
Barker, Burn well. Bales, Beatty, L5o
eaur, Boston, Brabham, Bradley, Bray
ton, Bright, JJ irckm? yer. Cannon,
Coil, Cnictartn, Copes, Co-grove,
Crews, Critt? tuten, Couch, Cur is, Da
v!",. D.ivi-, Doiliy, Farrow, Ferguson,
Frcotuu::, Gail! .r.:, Gury, George,
Gibson. Goggtns, Grant, llamiilon,
Ii on . A. 11. Upward, it (i. Howard,
11 u< i;??: ..!, Humbert, ? '. M' -rsou, Johus< in,
j ohm-ton, Jones, Jordou, Leslie.
Lewis, Liviugslnn, Mcetac, Melckers,
Mailer, Myers,M Cnil..ngh, McLungh
liu, Ne-dnU, '>):r Puickiiey. it ?-ii.-o,
Redtcurue, Llicha:dsou, Rieltmond,
Robertson, Russe'.', Sessions, 11 .->n:i
I mens, Simons, A. Simknis, 1'. .Sim
kins, Simps".;., Sh*an, it. M. ^>i:111iiT
I SnetiCcr, St?"?Thoiapsou, Tiusley,
Tretholm, Vaudiver, Yaudorpool, Wal?
lace, WciiMicriy, Woldou, W:ilis,
j Woodrull. Wolfe and Wright?81.
For Mr. VY. J. WLinper?Hon. 11. B.
Blliott, Speaker, and Messrs. Bamp
field, Bridges, Coker, Collins, Duucau,
Gaithcr, Cant', Graham, C. S. Green,
S. Gre.-ne, Gnflin, Henderson, Harri?
ott, G. U. Holland, W. M. Holland, j
Hunter, Jackson, P. E. Jones, Miller,
Milton, Morgau, Peterson, Ramsey,
Bash, A. SisumouH, Snmpter, Thomas,
Wesberry, Widamnn and Young?32.
For Mr. kl C. Baker-Messrs. Allman,
Hirsch, Keith, Scott, J. A. Smith,
Williams?G. For Mr. C D. Melton
Mr. Androws. For Mr. H. D. Lesesue
? Mr. Kice.
The President declared that Hon. J.
P. Reed, having receivod a majority
of the whole number of votes given,
was duly elected Judge of the First
Judicial Circuit.
The Joint Assembly was then dis?
solved, the Speaker resumed the chair,
ami the House shortly afterward ad?
journed.
luroitTANT Supreme Court DE</t
8ioN, Relative to Confederate Cox
ton CoKTUACTS ?The Supreme Court
of the United States has just rendered
a decisiou in which for tho firot time
the question oi the power uf the Con?
federate Government to make a valid
j contract has been adjudicated. The
i plaiati? had kuowingly purchased cot?
ton of an ageut of tho Confederate
States, 'litis cotton was subsequently
seized by the United States, and their
proceeds covered into tho treasury, i
Plaintiff brought suit in the Court ol
Claims to recover. The Court rejected
j the claim. Tue Supremo Court affirms
this decision of the Court of Claims on
two grounds: 1. Because tho purchase
of the cotton and tho payment of thu
consideration necessarily tended to
givo aid to tiie rebellion, and that ail j
and. contracts ore void as contrary to J
public policy. This was concurred iu j
by the whole Cocrt. 2. Because the
so-called Government <>f the Confede?
rate Stutcs had no cxistauco except as
a conspiracy to overthrow lawful an
tbority. Iu support of this second
position of tho Court, the Chief Justice
und si:; Associate Justices concur.
Two?Mr. Justice Clilibrd uud Mr.
Justice Davi.i?dissent on the ground
that its iiunonncemei.t was not neces
vury to thu decision of this case.
I [Special to Cincinnati Commercial
- ?*? ?
A Lid: Insi-raxct. Case.?In Tre n?
ton, N. J.. the jury in tho case of
j Stewart rs. the New York Mutual Life
Insurance Company, aft r being out
jail night, came in next morning, and
j said it was imposiublo t-..r theui to
agree. Tho jury stood four for the
I plaintiff uud tight tor the defendant.
The claim (.?3,0U0) ia ret-i .led on the
ground that the insured violated a con?
dition oi thu policy by contracting a
habit which tended to shorten his hie.
It is said that the Carolina Central
Railroad?connecting Wilmington nud
Charlotte, N. C.?will bo completed to?
day.
Phoenix?don't borrow.
Boading matter on every page.
Compared with previous seaaona,
business appears to bo quiet, notwith?
standing tbe approach of the holidays.
Tbo best of oysters and fluid extracts,
which are to be found anywhere, are
obtainablo at Fine's Stnto Capitol Sa?
loon.
Keep your doors well looked and
your shooting irons iu good condition
in these piping times of sneak-thieves
and poultry-raiders.
Job printing of every kind, from a
miniature visiting card to a four-shoot
poster, turned out, at short notice,
from Phoenix ollice. Trv ns.
Mr. Epstin know* what's what. Ili6
?v-tahlishment is open early and late,
to accommodate und keep up with tho
rush of customers.
Uncle Joe Crews is so elated at tbo
idea oi tho early completion of the
Liurens Railroad, thut he is preparing
"passes" for his friend-; and the mem?
bers of tho Legislature.
We are authorized to tduto that
Mayor Alexander bus appointed Geu.
C. J. Stolbrand in pla-.-e of Capt. U. J.
Iredell; and L. C. Northrop, Esq., in
place of Clerk Richard Jouus, on tho
committee of twenty.
Cigars aud tobacco nre disposed of
at wholesale and retail at tue establish?
ment presided over by the Indien
tnaiJ. This establishment has achieved
a deserved reputation, and tho pro?
prietors propose to keep it up.
What's the use of going to Florida,
when Columbia can present stich
charming weather us wc have been
blessed with during the greater part of
this season. Yesterday was no excep?
tion to the rule.
It is stated that an application lias
been made by the Carolina National
Bank to Judge Carpenter for a mmidn
mttii, requiring the C'-'y Conuci! to
levy a special tax to pay past due cou?
pons on city bonds held by that insti?
tution. The application will have n
hearing on Tues lay tost.
A number of the. members of the
House, desirous of carrying >nt the old
"Saturday night wife houae" arrange?
ment, attempted, yesterday, to get u
motion through to adjourn until Tues?
day; but i call cf the yeas and nays
killed it. Good?let them get through
and adjourn sine die. Later in tbe
day a motion v..:? adopted to udjourn
until Monday, HA. M. Tho Seuate
also decided to adjourn until Monday.
We inspeuti d a map oi the uew town
"Westover"?which Col. Badgers, of
the Wilmington, Columbia aud Aa
gasta Kiilroad, has caused to be sat
veyed und laid out into squares, etc.
Westover is located in Bichland Coun?
ty, ou each side of the railroad, about
twouty-two miles from Columbia and
two miles from Acton. The surveys,
map, etc., were prepared by Capt. S.
G. iieury, ot Rioblund.
Among the new styles of bats which
Messrs. Kinard & Wiley have intro->
duoed is tbo "Pilgrim"?taper crown,
6*.j inches, deep-set brim, softblnck fur
hat, very nobby, aud worn by wealthy
profefsioual gcutlemuu?such as ed?
itors, faro dealers, members of Con?
gress aud tbe Legislature. Also, the
"Suow Fluke," for children?some?
thing entirely new; tho band and
binding are of velvet, and tho ear-tabs
I correspond with tho trimming?in
black, brown aud blue colors. See
them and try them.
! At a meeti?g of tho Committee of
Twenty, appointed by the tax-payers,
(he'd on the 10th,) i'. was rosolved,
that as tbo Mayor und City Couucil
havo signified their willingness to allow
lau examination of their books, that n
' Bub-committeo of live bo appointed to
j make the necessary examination, with
power to employ tho services of ce-m
I peteut accountants to assist them iu
j their work, and report progress to the
j Committee from time to timo; nud
that tho Chairman of this meeting
: uolify tho Mayor that they will bo
' prepared to commence tbo examiua
j tion on Monday next. Tbo following
is tbe sub-committee: Messrs. W. B.
? Onliek, W. H. Gihbes. W. C. Swaffleld,
i J. 11. Sawyer and E. W. Wheeler.
"Tili: Puodigal's Retubh."?Tho
ii_i.it of a lady friend?a former resi?
dent of this city?was made glad, a
? day or two ago, by the return of her
; only ton, who, nearly six years ago,
took it into bis bead to lc.vo hia wi?
dowed mother's home, aud Btriko for
himself, lio is perfectly tatis?ed with
his experience, nud returns borne wiser
than when bo deported. Tbo despatch
transmitted by tbe loving mother,
when tbe telegraph informed her thut
tbo truant bad arrived in Columbia,
was: "Come by first train; will meet
yon at the depot."
Iota of.toys to. make the little ones tap
i py and comfortable. ' If you fall'to call
QD Kingelaud & Ueatb. yoa will mm
0 goo a thing, for tboy are soiling all
sorts of things cheap.' ? ?
MAIL A tUt ANGK1IEKTB.-ftortbort.
mail opens 0.30 A. M., 3 P. M.; closes
111 A. M.,0 P. M. Charleston opens8
1 A. M., 5.30 P. At.;3lo?efc8 A. ?I..6P.
M. Western opens 6 A. M., 1 P.
M.; closop 0,1.30 P. 31. Greenville
1 opens ?. i? P. SI.: oIohos 6 A. M. Wil
! miugton opens 4 P. M.; closes 10.80
I A.M. On Sunday open from 2.30 to
13.30 P. M.
List of Nr.w Advertisements.
John il. Oatkcart?Notice.
Indian Oirl Cigar Store.
Musical (lilt Books.
E. H. Heinitsh?Pure Extracts, etc.
HoTBii Akuivals, Decemueis 11.?
Ihwlrix House?W II Jones, Sumter;
P 11 Hauet;, Winston; G L Kennedy,
Charleston; W D lograham, Chester;
W B Thompson, Blackstock; J B
Towers, Borne; F W Daauick, M H
Witt, II E Wages, Loxiugtou; ? G
Brown, York; II W Dosporles and
iddy, Wiunsboro; C P. Holmes, Doko;
A G JBookman, Fairfield; Dr H W
Kenned}', J J Hooker, Orangebarg; H
A Gibson, Fairfield; C C Montgomery,
L C Montgomery, Richland.
Mit. Editor: The Union-Herald in?
forms tho citizens of Colombia "that an
application has been mado by the Ca?
rolina National Bauk to Judge Car?
penter for a mandamus, requiring the
City Council tu levy a special tsx to
puy past duo eouponB ou city bonds
held by that institution." It is a fact
weil known to the tax-payers of the
city, that a special tax of eight mills
bus been levied for the past two years
on tho real and personal property of
tbo citizens for this purpose. The
real ami personal property within the
corporate limits, subject to taxation,
amounts to fuliy 80,000,000. This, if
all collected, would realize 811,000 per
annum. If au ullowauco was made
for delinquents, (unless by favoritism
of the city fathers there should be no
delinquents.) this special tnx should
realize 840,000 per year, and would be
iu excess of the current interest.
Now, while there must have beeu an
excess for special iuterest tax collected
for tbo past two years, the money has
beeu diverted from its proper course
by the City Council and useJ tor other
purposes, leaving the coupons uupnid;
and now u m mdamus is threatened to
compel the tnx-payers to pay tho inte?
rest a secoud time. This course will
uodoubt meet tEe approval of Council,
as it will relieve them us individuals
from the responsibility for misapplica?
tion of the special interest fund, which
has been placed in their bauds for a
specific purpose. No doubt but they
will acquiesce in an order of Court
to relieve them from this responsibility.
To the tax-payers, however, it is a
very grave question, and one which
they should not permit to bo decided
without a hearing on their part. The
City Council have limited powurs in
the matter of taxation. Tbo Legisla?
ture prescribes a limit to thu taxing
power, and a limit to the debt of the
city. The latter they havo already
greatly exceeded, and now that tho
citizeua take a stand against this egres?
sion in taxation, the Carolina National
Bank comes to their aid and endeavors
I to assist them by an order from Court,
to do that which they aro prohibited
by the city charter to do. It is hoped
that the committee of twenty take this
matter iu band, and see that tbo tax?
payers be represented before Judge
Carpenter. If this principle be estab?
lished that, through misappropriation
of the funds collected by Council, the
citiz-ns can be taxed twice to pay the
samu debt, and an order of Court can
be got to compel a levy for this par
pose, then any debt contracted by
Council, no matter how much in ex?
cess of the power conferred on them,
is a lion ou the property within the
city limits. Council can go on to con?
tract debts; County Commissioners
can do so likewiso, and an order of
Court cau compel or levy to pay a
claim contracted by fraud ou the part
of our representatives. The same prin?
ciple would compel a special tax to pay
certificates issued by Moses, or the
debts of tbo Luuatio Asylum and the
State Penitentiary, and would event?
ually lead to confiscation of the pro?
perty of tho tax-payers, It is hoped
that tho committee appointed to ex?
amine the legality of the late issue of
bonds by the City Council, will aid in
this matter and determine prompt?
ly as to their legality. It is
believed that this portion of the
city debt was illegally contracted,
tho bonds not having beeu issued in
conformity with the Act of Legislature
authorizing their issue. If this belief
is truo, ami these bonds should be de?
clared invalid by the courts, theu it
follows that the bonus held by the
Carolina National Bank uud the cou?
pons for which tlicy ask on order of
Court to compel at-x levy to liquidate,
are invalid also, aud uo part of either
should bo paid. Tbe Carolina No?
tional Bank hold these bonds as colla?
teral for money loaned, and as Council
had no authority to hypothecate them,
the bonds are worthless, aud are no
debt agaiust the city. I would saggeet
that tho committeo who represont tho
tax-payers apply for a mandamus to
restrain the collection of a tax to pay
interest on these doubtful bonds, until
tho question of their legality is deter?
mined by the courts, and that prompt
aotion be taken by the representatives
of the tax-payers to proteot their rights.
TAX-PAYER.