Historical Newspapers of South Carolina

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t er . an t E. VOL. XLII. NO. 99 NEWBERRY, S. C., TUESDAY AUGUST 1, 1905. TWICE A WEEK. $1250 YEAR FARNUM CASE TO REFEREE. Jas. F. Izlar Named As Referee To Take Testimony On October First. The hearing of the return to the rule in the case against Dispenser J. S. Farnum of Charleston. to show cause why he should not produce'pa pers which the prosecutors. Messrs. J. T. Hay. Neal Ohristensen and J. F. Lyon. claim are material in the in vestigation which is being had in the management of the state dispensary. was held before Chief Justice Y. J. Pope at his home Friday morning. T. N. Mordecai of Charleston, at torney for J. S. Farnum. read the re turn, which on account of its length, we have not space a publish in full. Mr. Mordecai was assisted in the in vestigation by Mr. S. Hyde of Char leston. Senator Hay of Camden. chairman of the investigating committee. and J. F. Lyon of Abbeville. a member of the sub-comumittee, were present at the hearing. The petition as well as the return was read, and after hearing this judge Pope took about the same position that he did in the Pickens dispensary case, which was heard before him in this city sometime ago, holding that it w? necessary to take certain tes timo,y -o as to reach a proper con clusion, and to have the matter heard before a full bench. The following is the order: On hearing the return to the rule .herein, it is ordered that the peti tioners have leave to traverse the said return, said travers to be served upon the respondents attorneys with in fif-cen days from this date. It s rter ordered that it be tfered to Jas. F. Islar, Esq. as Special Master to take such testimony as 'nay be offered by the parties 'respectively on the issues of fact pre -nted by the pleasing and to report the same to the court, together with this conclusions of fact. It is further ordered that the pe titioners begin taking their testimony on the 15th day of September 1905, and be allowed in the whole seven days; that the respondents begin tak ing their testimony on the 20th day of September i905. and be allowed in the whole seven days therefor. It is further ordered that the referee -report his conclusion of fact with the supreme court as soon after October Ist, 1905 as practical, to which court this case is now transferred. It is further ordered that said Special Master thold his reference at such points in the state as may be :ag"ced on by a counci!. or in case of disagreement. as such points as he may designate. aiter reasonable no tice to council. Y. J. Pope. Chief Justice. A t Chambers. July 28. 1905 The Respondent's Return. TIRe return took the ground, that the *int resolution providing for the dispensary investigation was "uni co,stitutional. null and void, and of. ri. efect'' because it violates the fol lowing provisions of that instrument: Article 2, section 16, of the con s'itution requires that the style of all acts and joint resolutions shall be "Be it enacted"-which, it is claimed, was omitted in this case. Meie 3. sectionl 17. requires every act or joint resolution to relate to only one subject and that to be plain ly set forth in the title-wthich is not so here. A-':-cle 3. section T8. requires every act or joint resolution to be read on three separate days in the house and the cenate, to have the seal of the sta-c. to be signed by the president of the senate and the speaker of tihe house. This joint resolution, it is claimed, did not conform to these reqwuirementcs. A-ticle 4. seerion a.;. requires the thirds vote over his veto before an ac or joir.t resolution becomes a law: an< it is ciaimed neither of these require ments was complied with in this case Article i. section 16, providinl against unreasonable searc'h. was ais< quoted and appealed to. The respondent Mr. Farnum, in hi return gave a minute description o his dispensary office, which was als< his office as president of the Con sumers' Beer Bottling establishment to'd about the visit there of senato: J. T. Hay and senator Niels Christen sen of the investigating committee. or the 3rd of May, and of their wantinj to examine his "private and persona papers." and his protesting. Theso "private and personal papers." which he alleges, were in no way concerne< with the dispensary. he has since re moved out of the state and they ar< no longer in this possession or undei his control. Attorney Mordecai read an affidavi by Wm. R. Baldwin, secretary anc treasurer of the Consumers' Beei Bottling establishment and brother in-law of dispenser Farnum, in whic} he said that when the two men cam< to investigate the dispensary he an( Mr. Farrum's clerk. Mr. Savis, wer< in the front room of Mr. Farnum': office; that he, Mr. Baldwin, wen back into the private office of Mr Farnum, closing The door behind him which locked with a spring lock. leav ing the two members of the commit tee shut out: that one of tih'em shool and rattled the door, but he paid n< attention to him; that he rang up Mr Farnum on the 'phone. When Mr Farnum came he told them it wa; pleasanter in the front room and ask ed them to have sears; afterwardi ,te indtsed them into his private offb and left them there. Depo:eft goe on to say that after a while he peep ed into Mr. Farnum's office and sam Hay at Mr. Farnum's desk, and Mr Christensen standing -behind him. an< they were going througih Mr. Far num's papers. Deponent told then that these were Mr. Farnum's privat< papers and that they had no righ to be examining them, adding thai Mr. Farnum had left them there "sup posing' them to be gentlemen." Abou 2:3o deponent peeped into Mr. Far num's private office again, and thi: time saw Mr. Christensen there alon< "going through the private drawen of Mr. Farnum;" that he told Mr Christensen these were private an< personal papers and he had no righ to be examining them. An affidavit of J. S. Farnum wva read, in wihich he gave his age at 37 He described the situation of the of lices-front office occupied by Clerl Savis-two rear offices, one occupie< by himself, and other by Mr. Bald win. Having received a telephon message from Mr. Baldwin. he wen to dispensary and found Messrs. Ha: and1 Christensen there. wvho said the: had come to investigate; turned ove invoice books to them and left, say ing Mr. Baldwin or Mr. Savis woul< assist them in anything t'hey wanted went back to his home at Charlestoi hotel. After a while Mr. Baldwii came to hotel and told him they wer< in 'his private papers. Went back ti see about it. Committee said 'the; had a right to see any papers ir~ of fice of dispenser: the said they had n< right to see his private correspon dence. He removed from the book and papers his private correspondenc and personal papers, and they are not out of the state beyond his posses sion of control. On 22nd of June wa served with papers by Messrs. Chris tensen and Lyon and a third part: who he afterwards learned wvas M: Humphries. a marshal. Told them h would like to see this attorney an would see them in an hour or an hot and a half. Called up Mr. Mordec: over the 'prone--he was out of towi Called up Mr. Hagood, and he tol him nothing to do but turn over 'dh t were handed him July tth by Messrs. I Lyons and Ohristensen. which, upon - the advice of Mr. Mordecai. he ac cep,ed. Joseph M. Savis. clerk in Farnum's dispensary. made affidavit, telling of the visi: of Messrs. Hay and Chris tensen the 3rd of May. and of Mr. Baldwin's telling him after Mr. Far num leit that these men were in his office looking through his private pa pers. After hearing the return. Messrs. Hay and Lyon asked permission -to "traverse" the return of the respond ent-which in every day lang .ge means co deny the allegations -de in the -eturn-and that a time be fixed for the further hearing of the case. The Thief jutice announced tihat :raversing the return would necessi tate the taking of testimony, and sug gested that this be done by a referee. He further added that he would leave tomorrow for Caeser's Head for a month's holiday. Mr. Mordecai suggested G. Herbert Sass, master of Charleston, as ref eree. Mr. Lyon replied that he did not want M r. Sass, nor did the want any other Charleston lawyer as referee; that a :eferee fr.mn any other part of he state would be agreeable to him. Mr. Mordecai replied with some heat to this "arraignment ' of the Charleston bar:" but Mr. Lyon quiet lv insisted on his objection: and ex Judge Jas. F. Izlar of Orangeburg ,was appointed referee. Mr. Mordecai then announced that he also had to have a holiday-till September i5th. He contemplated a trip "across.the water." He suggest ,ed, hower, that therftwere. some . preliminary questions before the case should go to the referee-the- con stitutional question-which if decid'ed ,in his favor would end the case and obviate the necessity for a referee. The chief justice replied that he did not care to take up the constitutional question separately, but would hear the whole case with the other jus tices, and to this end would ask them to meet the first of October and take up his case, as well as the Pickens case whichever way he might decide - alone there would be an appeal 'to the entire supreme court, and therefore no time was to be gained by his hear ing the case and deciding it alone. The order was then drawn and sign ed, giving the petitioners 15 day from date to traverse the return of the respondents: appointing Judge Izlar to take the testimony relevant to the issues raised in the pleadings and report the same to the supreme court, not earlier that the 15th of -September. Each side is to be allow ed seven days for presenting its temn timony before t'he referee-the pe titioners hav-ing five days first, t-hen the respondent seven days. tihen the r petitioners two days. SiA Whistler Story. ;|A friend of tihTe late James McNeil iWhistler saw him on the street in iLondon. a few years ago, says Har Sper's Weekly, talking to a very rag' >ged littcle newsboy. ?' As he approached to speak to the - artist, he noticed that the boy was as ' dirty a specimen of the Lo:idori - "Newsy" as he had ever encountered s -he seemed smeared all over-literal Sly covered with dirt. Whistler had just asked him a ques tion, and 'the boy answered: s"Yes, sir, I've been selling papers - three years." r"How old are you?" inquirei *Whistler. e"Seven, sir." r "NOh you must be more than that. - N,sir, I ain't." 1.Then turning to his friend, who ha< d overheard the conversation. Whist e ler said, "I don't think 'he could ge JOLLY STREET BARGECUE Farmers' Mutual Association Flour ishing-Personal Mention Other Matters. I accepted an invitation to the meet ing ot the Farmers Mutual associa tion a: Jolly Street on last Thursday, and wish to extend my thanks. This is a little band of farmers who organ ized themesives under the name of Farmers' Mutual association about iour or five years ago for the social, moral and financial benefit of each other. notwithstanding the general public looked upon their fraternal order to go the way that most all other such organizations have' gone. that were organized for the interest of the iarmers but to tl'r surprise of many. this one has stood to its pled :m nr inst"ad .:f geiing backward it has gone forward: increasing in m-"mb rThip. They erganized with a :nembership of seven :ond the mem bership. now they number 30. The officers are: S. R. Metts. dhairman; H. F. Counts, secretary: P. B. Elisor, treasurer: M. R. Singley. business agent. In connection with this they also have a burial association with S. R. Metts, chairman; W. H. Counts, secretary! G. W. Kinard. treasurer and business agent. This little or ganization is making money by sav ing money; they adopted a trade house and buy their supplies as a unite. By so doing they save from to to 15 per cent. They also borrow money on the joint note system from the National bank of Prosperity of which bank Mr. H. C. Moseley is president; they have also adopted the Moseley house of Prosperity as their trading plac;. What gives them re mewe> ifiriand-7strength; they afl,' no man to lay 'his politics at dhefir' door. The l>arbecue dinner furnished by the association was just tip-top. in fact. the only objections we could find was that the waiters were too kind. They made such men as Rev. J. A. Sligh and myself impose upon our dyspeptic stomachs. After the dinner was over the crowd assembled in onr place and was called to order by Mr. H. C. Moseley. who was tihere by special in vitation. Mr. Moseley then intro duced Rev. J. A. Sligh as the speaker of the day. Mr. Sligh snoke of the society and the following are a few of his remarks: My friends. I am not here as a can didate seeking an opportunity to gain your votes. I am here to speak to you for the interest of your souls as well as ~your bodies. There is no greater honor ihan to care for the Isouls of men and not only for their souls. but also their bodies. You have organized an association here in this communi-ty to benefit your temporal needs and we all know that only in union there is strength. God has made us social beings. He has never intended ,us to live to oui selv.:. neither to die to ourselves. We are commanded by God to bear one anotfler's burdens. And, unless we do this we are no-t fulfilling the commands of God. I am glad to lear" that you are doing this by work ing o'g each others crops durnng sick nes as well as in mas -.>ther ways. ff I could just persuade each one of v. tha: we are not to '.' to our selves. It is everyone's .acred duty -to care for both the temporal and spiritual needs of one another. What I say, I mean. I am not here to deceive you. I am not seeking anything except that of your good. I believe in organization, especially among the farmers. It is the only way by which we can protect each other. This is a good association and I hope you will continue to keep it up. I belong to the Farmers' alliance and I am glad to say that the alli ance is not dead. There is a class of people called tspeculators. Their object is to make . mne .a tey have grown rich off of your labor. But these specula tors have been exposed and they have only been exposed through organiza tion. It is a good thing that you have men in your community who will stand united. We would have then the grandest country on God's eart'h. Keep tip these little organizations. Don't be too selfish. As soon as.the speculators see that you are gbing backward they will again manipulate the prices of your products. I would like to s,how you the advantage of in tensive farming and the need of di versifying your crops. How much better it is to raise a small crop of cotton at a price of Io cents per pound than a large crop at 5cents. But I have said enough. The last thing I want to impress upon your minds is to stand by your reputation and your character; it means much in this life and it shines on as a iving monument after you are dead. After the conclusion of Mr. Sligh's speech. the Jolly Street string band was present and entertained- the crowd with some very good music. The day passed off auietly and every body seemed oy themselves very much. Mr. and Mrs. Thos. W. McCullough f near Whitmire, visi ";d relatives in this section last Thursday and Friday. Little Misses Maybell and Estelle Rikard of Long Lane, have been with us for the past ten days. Their fath er Mr. S. A. Rikard came down on Friday and carried them liome. M s. FT. R. Epps returning home with them. Messrs. J. Noland and Edwin Epps spent a few days in the Long Lane and Whitmire sections the latter part of1 ewek:" Miss Sallie Ruff, Mt. Bethel sec tion, is spending a few days witt Mrs. Jimmie Epps and family, attending the Lutheran conference at St. Philips'. Another good season came on Fri (lay evening followed on Saturday by another. which has put new life into the crops. The prospects for good crops are fine in somre sections. In traveling over the county we find that the seasons have not been gen eral and crops are ''^ry spotted. Mrs. Nancy Richardson is visiting her daughter. Mrs. Levi Gruber. Mr. and 'rs. D. A. Quattlebaum, of Delmar. Saluda county. visited their parents Saturday and Sunday. The patrons of Union Academy will meet at the school house on Tues day morning, August i, to elect a teacher at a salary of $35,oo per month. The school will picnic at Mr. E. S. Franklin's on August 25th.. We wvent out to Prosperity last Thursday evening for a short time, but long enough to notice that the little progressive city is undergoing considerable improvement. The side walks on Main street are torn up and they are preparing to lay them with gramtre. The Prosperity stock company is erecting a nice brick store room near the Prosperity bank, which I am told will be oceepied by a Mr. Livingstone from' Charleston. He will run a gen Mra line of hardware. The fact, every thing around Pros'perity gi'es evi dence of new life and progress. Before I close T must tell you that I had tihe pleasure of shaking the hand of my old friend. K.. who show ed me in an indirect way that if a didnt hb:have mnyself as he thought I ought. he intended to give me an other pot, t->- wrht press. I onljy have this much to say to him, he had better keep his hand out of the sugar dish. T. J. W. Chimmie-Wot' d ye t'ink o' de ball game?' Ohonnie-How'd ye know f wuz at de ball game. Chimmie-Easy. I went around an' axed de boss 'f you wuz workin' an' he sed you wuz sick in bed.