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VOL. XLII. NO. 38 NEWBERRY. S. C.. FFIDAY FEBRUARY 17, 190F, TWTCE A WEEK, S1.50 A YEAR FINAL DAY OF SESSION IS NOW NEAR AT HAND LEGISLATURE WILL ADJOURN TOMORROW NIGHT. Messrs. George E. Prince and R. Withers Memminger Elected Judges For New Circuits. Special to. The Herald and News. Columbia, February 16.-Only two days of the session of the legislature remain and both houses are getting ready for the final adjournment on Saturday night. The last two days of the session are always devoted principally to the appropriation bills, and except for the consideration of these bills the present session is now L practically closed. Election of Judges. The election of judges for the new 9th and ioth circuits was held on Tuesday, Mr. R. Withers Memmin -ger, of Charleston, being chosen judge of the 9th circuith, and Mr. Geo. E. Prince, of Anderson, judge of the ioth circuit. Mr. Memminger was opposed by Representative Wm. J. Fishburne, of Colleton, who received 40 votes as against 110 cast for Mr. Memminger. Mr. Memminger went into the race with the unanimous endorsement of the Charleston '.ar. Tt -ppeared zo have geen generally conceded when the ten circuit bill was passed that Charleston was entitled to the judge in her circuit. and there never seem ed to be any doubt that if Charleston decided upon a candidate he would be elected. The Charleston bar,met and endorsed Mr. Memminger. Mr. Mem minger has presided over the judicial court in Charleston. The unanimous endorsement of the Charleston bar is proof of his ability. Senator Cole. L. Blease and Representatives Ear hardt, Higgins and Taylor voted for Mr. Memminger. For judge of the Anderson-Green ville circuit Mr. George E. Prince was opposed by Mr. Thos. P. Cothran, of the Greenville bar, Mr. Prince receiv ing 8o votes and Mr. Cothran 69. Both candidates are well known and their legal talent is recognized throughout the state. Of the Newberry delegation Sena tor Cole. L. Blease voted for Mr. Prince and Representatives Earhardt, * Higgins and Taylor voted for Mr. Cothran. No Cut in Clemson Appropriation. The senate has indefinitely post ponied the bill. wvhich passed the house, to cut down the appropriation to Clemson college by diverting a part of the income from the fertilizer tax to Winthrop. There was a great deal of discussion on the matter. The advocates of the measure urged that Clemson was getting too much mon ey, that when the income from the fertilizer tax was small the college managed to get along very well and did not ask for more money, and yet when this income was doubled Clem son spent the whole sum. The oppo nents of the bill urged the good work that Clemson was doing. The bill, it will be recalled, proposed to estab lish an inspection plant at Winthrop and the opponents of the bill held that a girl's college and a fertilizer inspec tion plant were entirely incompatible. The constitutional phase of the matter was also argued at some length, those who wvanted to kill the bill holding that it would not stand the test of the courts. By a vote of 19 to 9, on motion of Senator Cole. L. Blease, the senate indefinitely post poned the bill. The Lien Law. There was a long discussion in the house on Tuesday on the lien law, the house again refusing to repeal the law. The question came up on Mr. Richards bil to repeal the law, and his resolution to submit i: to the peo ple, the two propositions being con sidered together. By a decisive vote the resolution and the bill were kill ed. The Reformatory Bill. The bill establishing an industrial school and reformatory for boys, which has passed :he house. is now in the senate and has been discussed, though up until this morning the sen ate had not taken a vote. Senator Cole. L. Blease made an argument against the bill on Tuc3day, saying that his duty was the moving power in his action and that he could not be deterred by women's pleas, by news paper criticism or by the curses of his political opponents. He regarded a barrel stave, effectively applied, as the best reformatory for boys. He had not seen the need for a reforma tory, if Newberry was an example that might be taken. Beer and Hotel Privileges. The senate has recommitted and d'sposed of for this session the bill to zbolish beer and hotel privileges. The notion to recommit was carried by a vote of 16 to 13. When the bill passed its second reading in the sen ate on Saturday many of the senators were absent and it so happened that the majority of those absent were op posed to the bill. The New Circuits. The bill to fix the time for holding the courts under the new ten circuit law is now being considered. Many of the courts will have to be rearrang ed, and a bill fixing the courts under the new law requires a great deal of work and close attention. For a State Armory. The senate has passed to a third reading the bill to establish a state armory. The bill was passed after the acceptance of the Dick militia law. The Dick militia law appropri ates to each state for its militia a cer tain amount, proportioned on the number of equipped men in the several states. The bills passed by the gen eral assembly provided for an addi tinoal appropriation for the state mi litia this year for the purpose of equip ping more men. Memorial Services. On Wednesday night the senate paid tribute, in memorial services, to the memory of the late Senator Charles S. McCall, of Marlboro, and the late Senator E. J. Dennis, of Ber keley. A number of feeling addresses were made by members of the senate and suitable resolutions were adopted by a rising vote. As a further mark of respect to the deceased members the senate then adjourned tintil next morning. To Encourage Night Schools. An interesting little senate bill that wecnt through the second house read ing provides: Section 1. That whenever any children of school age, as provided by law, shall attend a public night school for twenty nights in any scholastic year, they shagl be deemed enrolled and their names shall be used by the county boards of education in making apportionments just as if they had at tended day schools ten days, as pro vided by law: Provided, that the said night schools shall be taught by teachers qualified by law to teach in the public .schools of the state: And provided, also, that the course of study shall be the course approved by the state board of education of the state. Section 2. That the same childrer shall not be counted twice in making up the enrollment of a school dis trict. Contagious Disease Bill. Mr. Baker's bill looking to the pre diseases received its second reading in the house. It provides these regn lations: Section i. That each incorporated village, town and city in this state shall have and maintain a board of health, uder the direction and con trol of the state board of health. Section 2. That all local boards ol health shall fortiwith quarantine such contagious diseases as smallpok, diph theria and scarlet fever, as soon, as the knowledge of the occurrence of such disease comes or is brought to their attention; they shall cause to be placed notices at the entrance of the premises where the disease may be lo cated, stating the disease and that the building infected is quarantined. The quparantine shall remain in force un til the attending physician shall certi fy that the danger of the contagion is passed or removed; that no p'erson shall enter or depart from the prem ises so quarantined during its quar antine, except attending physician, without a speical permit from the board of health. Section 3. That when infectious dis eases, such as enumerated in Section 1, occur outside -of incorporated towns, the attending physician shall quarantine shall remain in force un same occurs, give the notice and as sume the duties of the board of health in the premises; and he shall report the same to the nearest board of health; and that in the case of such quarantine of a country house by the attending physician, no one except himself shall enter or depart the premises without the permit of the attending physician. Section 4. That any person violat ing the provisions of this act shall up on conviction be deemed guilty of a misdemeanor and shall be fined not exceeding $ioo or imprisonment not exceeding thirty days;. and that each member of the council of any town neglecting or refusing to establish and maintain a local board of health shall be deemed to violate this act, and upon conviction shall be subject to the foregoing penaties. The Appropriation Bills. The supply and appropriation bills are now in the senate and are being given consideration. The appropria tion bill, it will be recalled, passed the house without a change in any item reported by the ways and means com mittee. Whether or not it will have the same smooth sailing in the isenate remains to be seen. J. K.A. A Good Natured Wife. An English rustic whose wife was blessed with a remarkably even tem per went over the way to a neighbor one evening and said:, "Neighbor, I just should like to see my wife cross for once. I've tried all I know, and I can't make her cross no way."~ "You can't make your wife cross?" said his neighbor. "I wish I could make mine anything else. But you just do what I tell you, and if that won't act nothing will. You bring her in some night a lot of the crook edest sticks for the fire you can get them as won't lie in no form-and see how she makes out then." The pieces of wood were according ly brought in, as awkward and crook ed and contrary as could be found. The man went away early to work, and at noon returned to see the result of his experiment. He was greeted with a smiling face and the gentle request: "Tom, do bring me in some more of those crooked stick if you can find them. They do just fit around the kettle so nicely!" Fussy-How is it you couldn't keep the secret I told you? Mrs. Fussy-Why couldn't you keep it yourself? ROOSEVELT IN ERROR. . verse Report From Senate Judi ciary Committee In Matter of Senate Recess. Wa.hington, Feb.. 1S.-That Presi emi Rosevelt and Secretary Root werc in err r in their constructive re cess :heorv advanced to bolster up the appointment of Crum as collector of Charleston and of Gen. Wood to be major general. is the finding of the subcommittee of the senate judiciary committee to which was referred some months ago the resolution of Senator Tillman, calling for an in terpretation at the hands of the judi ciary committee. The report adverse to the president has been drawn by Senator Spooner. The members of the subcommittee are: Messrs. Spoon er, Nelson and McComas, republicans; and Bacon and Blackburn, democrats. It is not known whether the report was unanimous, but it is known that Senator Spooner has prepared the document which demolishes the theo ry built by Mr. Root in order to get the president out of a hole and enable him to force consideration of these appointments. GENERAL NEWANOTES. Items of More of Lees Interest Con densed Outside the State. President Roosevelt spent two days in VNew York this week. Frank Raisinger was hanged at Bridgeton. N. J., for murder of wife. The drop fell at io.o4. The rope broke as the body rebounded and the back of Raisinger's head struck a cross beam of the scaffold and broke his neck. The physicians present said death was instantaneous. Raisinger was not officially pronounced dead un til ten minutes later. On recommendation of the board of pardons Gov. Pennyjacker, of Pennsylvania, withdrew the death war rants in the case of Mrs. Kate Ed wards, the white woman, and Samuel Greason. the negro, who were under sentence to hang together in the Berks county jail at Reading yester day morning for the murder of Mrs. Edwards' husband in igoi. The case of Greason will now be again taken to the Pennsylvania supreme court and if that tribunal refuses to reopen the case the attorneys for Mrs. Ed wards anid Greason will have to ap pear before the board of pardons next month. Wayside Observations. Dallas News. Some books that are bound in gold have only dross inside. An up-to-date leather goods manu facturer has brought out a new style pocketbook which he calls the Cassie Chadwick. Of course, it is extra large "Imperial Caesar dead and turned to clay," may be made into a jug to hold the stuff of which eggnog is made. There is a circus owner who is so strict as to the use of ardent spirits that he refuses to employ a tight rope walker. "My dear boy never deter until to morrow what you can do today." "Then, mother,"' replied the urchin, "let's eat the plum pudding tonight." A Gentle Hint. Yonkers Statesman. "Some men are just like automo biles," she said, with a yawn, as the clock struck 12. "How is that?" he asked pleasant ly, glancing in the direction of the clock. "Why, they won't go when you ant them to." NEW FEDERAL JUDGE BILL. How Mr. Finley Surprised His Broth er Members. Washington. February is.-South C-arolinians who are interested in the creation of a new District Judge now have hopes of obtaining favorable leg islation during the present session. The Johnson bill, which was object ed to last week, was put through the house yesterday by Representative Finley, just as the house was about to adjourn. In the absence of Mr. Johnson Mr. Finley was recognized by Speaker Cannon and the bill was passed. Representative Mann, who objected to the bill last week, reluc tantly withdrew further objection, and Speaker Cannon, who was frie..d ly to the measure, declared the Lill passed, and in the next breath ad journed the house. The other mem bers of the delegation did not know the bill had passed until they-learned of it today. Senator Latimer is confident he can pass the bill through the senate; the only question is whether the senate will insist upon amending the bill to substitute Greenwood for Spartan burg as one of the places for holding court. The scramble for the prospective judgeship was resumed today and the members of the delegation have been flooded with telegrams today from all parts of the state by aspirants for the appointmen:. Senator Latimer will seek the earli est opportunity to ask unanimous consent to consider the bill in the senate. If he is wise he will accept the bill as it passed the house, for de lays are dangerous at this late stage in the session. Dodging the Butcher. A miner's wife some time ago ran up a bill at the butcher's and was al ways in fear of being pressed for the money. One day she espied the butcher, a Mr. Dodgin, coming up the path. so she told her husband to slip out the back way and so avoid the un welcome visitor. The butcher, gett ing no response at the front door, went to the back, where he met the husband coming out. "I am Dodgin, the butcher," he exclaimed. "Bedad, so am I," said the miner. An Up-to-Date Diogenes. An eccentric old gentleman placed in a field on his estate a board with the following generous offer painted thereon: "I will give this field to any man who is contented." He soon had an applicant. "Well, my man, are you a content ed fellow?" asked the old gentleman, "Yes, sir, very." "Then why do you want my field?" The applicant did not wait to reply. Cheerful and Cheering. Not long ago a stock of crockery. was sold at auction, and Mrs. Wilsong attended the sale. When she return ed, her face was radiant with joy. "You must join the Cremation so ciety," were the first words she said to her husband. "What on earth for?" exclaimed Mr. Wilson. "Why," replied his loving spouse. "I've bought such a lovely vase to hold your ashes. You can't think how it will set off the mantlepiece!" Making Allowances. New York Times. He-What allowances do you think your father ought to make us when we are married? She-Well, I think if he makes al lowances for my exetravagance and your income, dear, he will be doing as ..ch s we can expect of him.