Historical Newspapers of South Carolina

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STATE COMMITTEE. I b Ruled That It Has No Jurisdiction- r Contrary to Greenville Decision. The State. The State Democratic executive committee has decided that it has no jurisdiction over cases appealed from a: the county executive committee in which the contestants are candidates e, for county offices. The action of the committee was brought about in the n hearing of the complaint of J. W. e) Walker, candidate for supervisor of t< Greenville county. t1 The facts of the case were set forth ti very strongly in the complaint filed g by Messrs. Haynsworth. Parker & ai Patterson and Mr. T. P. Cothran, ci attorneys for Walker. They asserted rr that in the second primary Walker o was nominated over the incumbent, 1 c J. E. Speegle, by a majority of 17|st votes, and that after some discussion t< at the meeting of the county execu tive committee Walker was declared f( elected by a majority of 7 votes. ir Subsequently Speegle. through his tl attorneys, filed a protest and at a C< subsequent meeting of the county r committee se,veral alleged WalkerI s votes were thrown out on the ground te that the voters had not been regis- c< tered for five days before the pri- si mary. Speegle's attorneys appealed li, to the State executive committee on fc the ground that in one ward in Greenville where Speegle had re- rr ceived an overwhelming majority gi there were 79 votes more than the rr the total number registered -on the ai club rolls. c< It was declared that the rule which N had been applied to Walker's votes I ti had not been applied ' likewise to c< Speegle's votes or Walker would ol still have had a majority. Futher- ni more it was alleged that some of the si regular county executive comittee- c1 men who believed in the justness of fii Walker's claim could not get to the b: meeting of the committee to hear c, the protests from Speegle and sent tl alternates. A motion was passed m to allow no alternates to vote, and jit Walker contends that by his support- c< ers being thus voted out of the meet- al ing he probably lost. All of these r( facts have been Vr ere. The meeting of the state committee ti last' night was attended by 28 mem- w bers and altererates. The question if which came up after the reading of st the formal complaint and the formal I m answer, was the motion of Mr. Moses ir that the committee has jurisdiction of to review cases appealed from 'the 'h county committee. The merits or re 'demerits of the contest were not o: touched upon, but the attorneys on is each side were given 45 minutes in in which to argue the mooted question Ji of jurisdiction. Col. George John- h; ~stone of Newberry, who had been h< announced by Mr. J. J. McSwain as si one of the attorneys in the case; Ji stated that when it had been in the b, legal courts he had seen no impro- t1 priety in representing Speegle, but di now that it has resolved itself into a matter of party politics he thought tl it better for him to retire from coun- a sel as he is the nominee of the same "i party for presidential elector. d< Mr. Jos. W. McCullough of Green- ri ville then opened the argument for i Speegle's side of the contest. Said Mr. te McCullough, the state committee has ,w nothing to do with the question of o: expediency or of what is for the in- og terests of Greenville county-the a: matter is a question of law. He here read the constitution of the par- y ty, construing it in such a way that Is it appeared by his arguments* thats the state executive committee has G authority to act upon contests for n state offices and federal officer only p, and that the county committee shall u: pass upon the contests of candidates al for county offices. This deduction Jta he made by construing the rules and the constitution together. The rules it distinctly divorce the two kinds of t contests. Following is the section of the c party constitution which has been I talked of so much lately. * * *"The state executive commit- b tee shall meet on the Friday after I' each primary, or such other time as T] may be designated by the chairman p to canvass the vote and declare the fi result as to all state officers, con- i gressmen and United States senators. si All contests for all nominations at g y the county executive committe( f the county in which irregularitie! iay have occurred. and may be re. iewed by the state executive com. Ne whose action shail be final.' Rules 6 and 7 adopted by the ex :utive committee. which derived its owers from the party constitution re as follows: Rule 6. The county democratic ex :utive committee shll assemble ai leir respective court Louses on thc torning of the second day after the ection, on or before 12 o'clock m. > tabulate the returns and declare ic results of the primary, so far a ie same relates to members of the eneral assembly and county offices Ad shall forward immediately to the iairman of the state executive com ittee at Columbia. S. C., th'e result F the election in their respective >unties, for United States senator ate offices, congressmen and solici )rs. Rule 7. The protests and contests >r county offices shall be filed with Sfive days after the election with e chairman of the county executive )mmittee. and said executive com ittee shall hear and determine the Lme. The state executive commit e shall hear and decide protests and )ntests as to United States senator, ate officers, congressmen and so :itors, and io days shall be allowed >r filing the same. Mr. H. J. Haynesworth in reply ade a very clear and convincing ar iment to prove that the state com tittee is supreme in these matters id that it was so intended by the )nstitution. He argued that Mr. [cCullough had based his conten on on the rules of the executive )mmittee and not on the constitution the party. The rules are subordi ite to the constitution. The deci on of Chief Justice McIver in the Lse from Berkeley county is not lal, although it had been circulated common report that such is the tse. Chief Justice McIver made tat ruling at chambers and it is no ore than a decision of a circuit dge, for a decision of a supreme >urt justice at chambers is review >ie by the supreme court, and in a :cent case the supreme court re frsed a' ecision made by Chief Jus :e Pope at chambers. Mr. Haynes orth said that Judge McIver erred he had construed the party con itution to say that the state com ittee has jurisdiction in appeals om contests for state and federal lficer alone. And Chief Justice Pope ad expressed no opinion at all. H'is cent decision began with an apol gy and concluded by shoving off the sue, and the rest of it was merely the nature of advice to th-e party. idge Pope had maintained that he ad no jurisdiction,.then why should have handed down what is con dered an. authoritative opinion? 2dge McIver stated positively that acause of the judicial functions of e committees, the court has juris ction over their actions. Mr. T. P. Cothran, in following up ie argument of Mr. Haynesworth, ade very clear the point that the -ules" have nothing to do with the etermination of contests, that the iles are subordinate to the constitu on. The state executive commit e is charged in the constitution ith keeping a watch over the policy the party. He laid great stress a the powers of the state committee designated in the constitution. The argument was concludedi by [r. B. M. Shuman of cousnsel foi peegle. He declared witl, much )irit that the county committee oi reenville is made up of men of pure Lotives. He argued mainly that the ower of the executive committee nider the constitution, is discretion ry in reviewing contests from coun committees, and in Rule 7 th< : committee had already waived s right and had entrusted the mat ~r to the county committee. The motion of Mr. Moses to de are that the committee has appel te jurisdiction then came up. Mr roses declared that to be his firrr elief. The committee has frequent heard cases from the county com iittees. There should be som< arty court of appeals. If there arc agrant frauds, and he meant no re ~rence to any particular case, ther< iould be some way of throwing safe uards around the primary. Th< law than the rules of the executive l committee. Mr. D. H1. Magill stated that he had been satisfied at one time that this committee ha(d no right to sit on ap pealed cases. 1i' after studying ore carefully the deci.iIon of Chief Justice MlcIver he is satisfied the late chief justice decided on the "rules" of the executive committee and not on zhe party constitution, evidently an cversight on the part of the chid' justice. Mr. C. L. Blease agreed with Mr. Moses that there should be a su preme court of the party. but he con tended that the action of Chief Jus tice McIver had not been looked at i in the proper light, for he made his decision in accordance with the act of 1888 governing the conduct of pri- 1 mary elections. This statute de clares that. "Every political primary election shall be presided over and conducted in the manner prescribed by the rules of the political party," etc. Mr. Magill and Mr. W. D. i Black wanted to know if the consti tution of the party is not a part of the rules of that party. But Mr. Blease construed the word "rules" to mean the rules of the party literally, the rules as formulated by the state executive committee. Mr. Doar of G:orgetown agreed I with Mr. Blease that, under the ruling of the chief justice, the state commit tee has no jurisdiction. The vote was then taken on the Sumter, J. M. Greer of Union, and motion of Mr. Haynes of Berkeley to table Mr. Moses' motion. This was carried and by the following vote the committee went on record as not being of the opinion that it has jur isdiction: s Ayes (in favor of Mr. Haynes' mo tion)!-A. W. Jones of Abbeville, J. C R. Cloy of Aiken, C. B. Free of Bam- t berg,.R. W. Haynes of Berkeley, D. t L. Sinkler of Charleston, T. J. Cun- s ningham of Chester, J. D. Bivens of t Dorchester. D. H. Traxler of Flor ence, J. W. Doar of Georgetown, W. D. Evans of Marlboro, Cole. L. Blease of Newberry, James Thomp 'son of Oconee, J. T. Parks of Orangeburg, Wilie Jones of Rich land, J. C .H. Rauch of Saluda. Nays-(in favor of ".Mr. Moses' original motion and opposed to Mr. Haynes' motion to table)-W. D. Black of Barnwell, A. E. Padgett of Edgefield, T. H. Ketchin of Winns boro, 3. T. Bramlett of Greenville, D. H. Magill of Greenville, 3. G. Rich- C ards, Jr., of Kershaw, T. B. Crews of Laurens, WV. A. James of Lee, W. I T. O'Dell of Pickens, N. L. Bennett of Spartanburg. Altamont Moses of J. WV. Ardery of York. brought up a matter from that coun Mr. D. L. Sinkler of Charleston 2 ty. The nominee for 'superintendentt of education died Sunday, and the executive committee of Charleston county asked permission to nominate 2 a candidate whose name should be printed on the ticket as the time is too short for another primary. This a permission was granted. It is un c derstood that the county committee, will observe the wishew of the people and will designate as the nominee of the party the candidate who was defeated by only a few votes in the 'primary. t Among the interested auditors at the executive committee meeting last night were the following from Greenville: Contractor King, Dr. J. Bramlett, M. L. Gregory and W. D. Metts, formerly clerk of court, besides Messrs. J. E. Speegle and 3. XV. Walker. CRLN STATE OF SOUTH CAOI , COUNTY OF NEWBERRY. By John C. Wilson, Esquire, Probate Judge. WHEREAS, Dan 'Metts hath made suit to me, to grant him Letters of Administration de bonis non of the t Estate of and effects of Carrie Metts.e THESE ARE THEREFORE to c cite and admonish all and 'singular the kindred and Creditors of the said f Carrie Metts deceased, that they ber and appear before me in the Court of s Probate, to be held at Newberry on 8th day of November next after pub lication thereof, at 11 o'clock in the forenoon, to show cause. if anv ther' - have. why the said Administration1 should not be granted. IGiven tinder my hand, this 19th day 1 of October, Anno Domini, 1904. J. C. WVilson, t T. P. N.C. The Greatest Ter in the V Gentr FAMOUS Vill po,sitively appear in Newberry o ag 2 performances only-afternoon a ohine. The Big City Show. Posit lany Times Better than Ever. The,\3eatest Troupe The Wonderful Mon] The Finest Trained J SEEThe Greatest Perforn t $i0,ooo Menagerie all Free the onl3 ear. SEE DON JUAN' The Big "HE-LOOP. HEAR THE FAMOUS *HE SENSATIONAL SLIDE FOR ring the whole family. Be on hand 4EW STREET PARADE whi 0-30 a. m. STAINED GLASS WORK. in Art In Which Methods Have d Not Changed Much In Centtuies.0 The twentieth century American tained glass maker follo-vs wi'F.it mP.)L*111Z vrL,*t.trj ;) ths, it1n : - m-1 11 ds of the French monk of eight cen uries ago. The first requisite is he design. The artist makes a t mall water color sketch to show he general design and color scheme, ccompanying it with detailed stud es. From this two large drawings r cartoons are made, the exact v ize of the desired window. One artoon shows where the leads will e placed-the thin strips of lead, ollowed on both' sides and looking ri a transverse section like the letter I which from the framework to ,ind the pieces of glass together. nother drawing gives the size and hape of each piece of glass. This artoon is cut into its component 0 ieces by a pair (or triplet) of three laded. scissors, which leave between U heir parallel blades a space sufficient I or the leads. These cut out pat erns are put together again on a arge glass easel, to which they are ttached by wax, a'nd the spaces be- - ween are blacked in to give thed ffect of the leads. The easel is then placed against window where the light can stream hrough it. The artist or his substi ute replaces each paper pattern on he easel by a piece of glass of ex- 6 ctly the same size, cut from a sheet ~ f glass of the color called for by he color sketch. The sketch is not ollowed exactly; experiment with he actual glass will suggest improve ments. To a greater or less extent his stained glass is supplemented y painted glass, on which the colors ye fired as in china painting. When C 11 the pieces have been cut they are ransferred to the "leading" drawing, F he flexible leads are twisted into hape and soldered at the joints .nd a special cement applied. to aake the whole water tight. The vindow is now complete, ready to ieput in position, where it is made C ecure by copper wires fastened to c he tranverse bars of iron. C Reflections of a Spinster. 3 Somehow, a man seems to think b hat it's a mark of great broad-min- F dness and generosity when he can hieerfully lose money playing poker. C Some men are so proud of being eared for their power as some wo-I nen are of being envied for their uperiority of beauty. A man may'forgive another man b vho does him an injury; but forgive e woman who don't agree with him -that's another matter. g One can appreciate the distain vith which men treat women's clubs " vhen one considers that the mascu ine clubs are mainly places where he members smoke, drink and gos- 1E ited Exhibition Vorld. r Bros. SHOWS n Tuesday, November 1st., giv t 2.-30. Night at 8.30. Rain- or ively Three Times as Big and of Imperial Japanese Acrobats :ey Theatre )ogs and Ponies in the World ning Elephants big R. R. Show coming this klonkey DABE-DEVIL LOOP OPERA COMPANY. BEHOLD LIFE. Remmember the date. in time for the wonderful all :h leaves the show grounds at New Prodigal Son. "Who's that a-hollerin' down yan er, by the branch?" "That's the Projickin' Son. The [d man's whalin' Satan out of him ,r comin' home fer Christmas!" NOTICE. All persons are hereby warned not trespass upon the lands of F. Terber, deceased, in No. 8 township, nown as the Bush River place, con Lining T,5oo acres by hunting, fish ig or in any way whatever. All olations will be prosecuted to the ill extent of the law. Marie Louise Werber, Agent for Mrs. M. L. Werber, Exec. lo Elect Keeper to County Home. The County Commissioners will ect a Keeper of the County Home r the ensuing year at their meeting n S-aturday, October 29, 1904. Applications may be filed with the ndershed or the clerk of the board, B. Hunter, Esq. J. M. Schumpert. County Supervisor. 3t-T-&-F. iTATE F AIR, COLUMBIA, S. C. October 26th, 2 7th. special Trains, VIA C., N. & L WEDNESDAY, OCTOBER a6th. THURSDAY, OCTOBER 27th. olumbia bids you come to meet your friends from all parts of the state. ree Street Shows, and the Greater State Fair at its New Groiund Special Traip Schedules. eave. Fare includ. Admis sion to Fair aurens .. .... .....8:o5 $3 05 linton .. .... ....8:25 2 75 oldville .... .. ....8:38 2 55 inards .. .... .....8:46 2 45 'ary .... .... .....8:52 2 50 alapa .... .......8:58 2 30 ewberry.... .. ....9:20 2 05 'rosperity .... .....9:37 i -85 ittle Mountain .. . .9:54 1 65 hapin .. .. .. .. ...1:o6 50 Arrive Union Station, Columbia, - :oo A. M. Returning Special Trains leave nion Station 6:oo P. M. airrive New erry 7:15, Clinton 8:oo P. M. Laur as 8:45 P. M. Tickets on sale October 24 to 27 ood to return until October 30. For information ask Agents or -rite, J. F. LIVINGSTON, Sol. Agt., Columbia. S. C. :. M. EMERSON, Wilmington, N. C.