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VOL. XLII. NO. 110 NEWBERRY. S. C.. FRIDAY SEPTEMBER 8.1905. TWICE A WEEK. $1.50 YEAR JUDGE TOWNSEND HIS SUSTAINED BRICE LAW HOLDS ELECTION TO BE VAL ID. An Appeal Has Been Taken and Dis pensaries May Not Be Closed At Once. Judge Townsend, after hearing ar guments on both sides in the dispen sary injunction matter in Union coun ty, announced his decision, sustain ing the Brice bill, and holding the Union election to be valid. An ex cerpt from his opinion reads: "After careful consideration and full argument, I have reached the conclusion and so adjudge the act of 1904. by authority of which the said election was held, as constitutional and has none of the vices charged against it herein, and tha the peti tion upon which the election was or dered contained the required number of qualified electors and that the said election held hereunder, which said election was authorized by the said act of 1904, was legally and fairly conducted by te mach3z. provided by law, and that it resulted in a decid ed majority for 'no dispensary.' In closing he said: "The restrain ing order herein by me granted Au gust 22, 1905, has expired at this hear ing, and is herey declared no longer operative. Therefore, let the dispen saries be closed." The Union correspondent of the Columbia St -te said the papers would at once : served upon the parties named a. defendants. Boyd Evans is reported as saying after the hearing that if the decision was adverse to his interests, he certainly would carry the case to the supreme court. The Order In Full. Judge Townsend's order in full is as follows: "This action was originally com menced by C. Barnett vs. G. C. May, J. G. Howell and J. R. Askew, as county dispensers, and also against the county board of control as named in complaint of cases above written for -the purpose of restraining the said defendants from closing the Union county dispensaries and for the further purpose of declaring the election held on the i5th of August, 1905, 1 - 'dis pensary' or 'no dispensary' unconsti tutional, illeg.a~ and: ;oid. "On the 22nd of August. 1905, I is sued a rule against said defendants, requiring them to show cause before me on 'the 4th day of September, Igo5, why they should not be perpetually enjoined from closing said dispen saries, as a result of the said election held on *the 15th day of At'gust. 1905 in the meantime restraining said de fendants from so doing. Defendants T. J. Betenbaugh, E. C. Howze and Joseph Sanders presented a petition to me asking That an order be granted to make them parties defendants to said action with leave to make return to said rule and to defend said action. Permission was granted by order dated 26th day of August, 1905, at the hearing which was heard on ~the 4th of September, 1905. The original defendants as above set out made re turs and joined in the prayer of the complaint. The defendants, T. J. Betenbaugh, E. C. Howze and Jo seph Sanders made returns denying ,em of the allegations of the com plaint and asked that ~the complaint he dismissed and that the law relat in o the closing of dispensaries be e:sforczed in accordance with the result of the election held the 15th day of August, 1905 "After careful consideration and full argument, I have reached the conclusion and so adjudge the act of 1904, by authority of which the said e:ection was held, as constitutional, and has none of the vices charged against it herein, and that the peti tion upon which the election was or dered contained the required number of qualified electors, and that the said election held hereunder, which said election was authorized by the said act of 1904, was legally and fair ly conducted by the machinery pro vided by law, and that it resulted in a decided majority for 'no dispen sary,' which result has been duly de clared. "It is therefore the duty of the said defendants to at once close the dis pensaries of Union county aforesaid, as required by said act of the legis lature, and this application for an injunction to restrain and prevent them from complying with manda tory requirements of law must .be and is denied. "The restraining order herein by me granted August 22, 1905, has ex pired at this hearing, and is hereby declared no longer operative. There fore, let the dispensaries in said coun ty be closed. "D. A. Townsend, "Circuit Judge. "September 5, 1905." At 8 o'clock Tuesday night J. Gordon Hughes, attorney for Dis pensers Howell, May and Askew, served notice of an appeal to the su preme court. This can not be heard until the fourth Monday in November, if then. What steps the prohibition ists will take has not been definitely announced. Next Best Thing. " am sorry your excellency," said the south African potentate, who was entertaining the distinguished visitor from the United States, "that we have no iced whale to offer you, but we have something almost as good." Here he clapped his hands. "Slaves," hesai d, in a loud com manding voice, "bring in the pickled elephant!" SCHOOL OPENING. The next session of the Newberry Graded Schools will begin on Mon day, September T8, 1905. The schools will be opened promptly at 9 o'clock. Pupils who on account of sickness were not present at the examinations last June may report for examination and classification on Monday when the schools open. W. A. Stuckey, Superintendent. AN ORDINANCE. To Establish and Regulate Fire Lim its in the Town of Newberry. BE IT ORDAINED, by the Mayor and Aldermen of the Town of New berry,- in Council assembled, and by authority of the same, 1. T-het fire limits are hereby es tablished in the Town of Newberry covering that part of the said town bounded by the C., N. & L. Railroad, Harrington Street. Thompson Street, Wilson Street and Friend Street. and including the South frontage of Friend Street frc. . the C.. N. &. Rail road to WVilson Street. 2. That from and after the publi cation of this ordinance it shall be unlawfur'or any person, firm or cor poration to erect or make extensive repairs on any woden or frame build ing or structure within t-he said limits, without the consent of the Town Council previously obtained upon written application. 3. That any building or structure erected wvithin the said limits con trary to this ordinance may be abated and removed by the Town Council as a public nuisance. 4. That any violation of this ordi nance shall subject the offender to a nine of not more than one hundred dollars or imprisonmenm for not more than thirty days. Done and ratified under the cor p)orate seal of the said Town on the fifth day of September. A. D.. 1905. Geo. B. Cromer. Attest: Mayor. Thos. 0. Stewart, C. and T. T.C. N. TREATY OF PEACE HAS BEEN SIGN] EPOCH-MAKING EVENT IN TI WORLD'S HISTORY. A Summary of the Preamble and Si enteen Articles of the Historical Document. The treaty of Portsmouth was sit ed shortly before 4 o'clock Tuesd afternoon in the conference room of the navy general store at the na yard at Portsmouth. The firing a national salute of 19 guns was t signal which told the people of Por mouth, Kittery and Newcastle tl the peace of Portsmouth was an , complish-ed fact and the church be in the three towns were soon peali forth a joyful refrain. For forty-seven minutes those o1 side the conference room anxiou: awaited the signal. Suddenly an < derly dashed to the entrance of t peace building, and waved his ha to the gunner a few :eet away and t opening shot of the salute rang c on the clear air of th-e soft Septeml afternoon proclaiming peace betwe Russia and Japan. Up to the moment of singing t treaty, no word had broken the siler of the conference room. Th:rowi his pen aside, Mr. Witte without word, reached across ':he -Eable a grasped Baron Komura's hand. I conferees followed and the Russi and Japanese delegates remained I a moment in silence, their right han tightly clapsed across the conferer table. The war was over-Russia a Japan were once more friends. This simple ceremony rang tr1 and deeply impressed the attaches a secretaries of the two missions, wl with 'rhe invited witn-esses, had form a large circle around the de gates sitting at the table. The Treaty of Portsmouth. The peace treaty opens with a pi amble reciting that his Majes'Ey, t emperor and autocrat of all the Ri sians, and his Majesty, the emperor Japan, desiring to close the war n< subsisting between them and havi appointed their respective plenif tentiaries,and furnished -Ehem with f powers, which were to be found form, have come to an agreement a treaty of peace and arranged follows: Article 1 stipulates for thie re< tablishment of peace and friends between the sovereigns of the ta empires and between -The subjects Russia and Japan respectively. Article 2. His-Majesty. the emp< or of Russia recognizes the prepor erant interest from political. milita and economical points of view Japan in the empire of Korea. a stipulates that Russia will not oppc any measures for its government, pi tection or control that Japan a deem necessary to take in Korea conjunction with the Korean govei ment, but Russian subject.s. and Ri sian enterprises are to enjoy the sa: status as -The subjects and enterprih of other countries. Article 3. It is mutually agre that the territory of Manchuria simultaneously evacuated by both R sian and Japanese troops. Both cot tries being concerned in this evaci tion, the situations being absolut< identical. All rights acquired by p r-ate persons and companies shall: main intact. Article 4. The rights possessed Russia in conormity with the les by Russia of Port Arthvur and Dalh together with the lands and wat< adjacent, shall pass over in theire tire:y to Japan, but the propert a.nd rights of Russian subjects are be safeguarded and respected. Article 5. The governments Russia and Japan engage themseh reciprocally not to put any obs-ta to the general measures (whichi sh be alike for all nations) that China may take for the development of com merce and industry of Manchuria. Article 6. The Manchuria railway shall be operated jointly by Russia -E and Japan at Kouang-Tcheng-Tse. The two branch lines shall be em ph>yed only for commercial and in !v- dustrial purposes. In view of Rus sia keeping her branch line with all rights acquired by her convention with China for the construction of that railway, Japan acquires the mines ay in connection with: such branch line of that falls to her. However, the rights vy of private parties or private enter of prises are to be respected. Both par he ties to this treaty remain absolutely ts- free to undertake what they deem iat fair on ex-propriated ground. Ic- Article 7. Russia and Japan engage -s themselves to make a conjunction of ng the two branch lines which th?ey own at Kouang-Tcheng-Tse. .t- Article 8. It is agreed that the ly branch lines of the Manchurian rail >r- way shall be worked with a view to he assure commercial traffic between nd them without obstruction. he Article 9. Russia cedes to Japan tht iut southern part of Sakhalin Island as er far north as the fiftieth degree of en north latitude, together with the is lands depending thereon. The right he of free navigation is assured in the ce bays of La Perouse and Tartare. ng Article io. This article recites th-e a situation of the Russian subjects on nd the southern part of Sakhalin and is stipulates that -Russian colonists there an shall be free and shall have the right or to remain without changing their a nationality. Per contra, the Japanese ce government shall. have- the right to nd force Russian convicts to leave the territory ceded to her. le, Article ii. Russia engages herself d to make an agreement with Japan to, giving to Japanese subjects the right ed to fish: in Russian territorial waters e- of the Sea of Japan, the Sea of Ok hosk and Behring Sea. Article 12. The two big contract- 1 -e- ing parties engage themselves ~Eo re he new the commercial treaty existing is- between the two governments prior of to the war, in all its vigor, with slight )w modifications in details and with a rig most favored nation. clause. o- Article 13. Russia and Japan re ull ciprocally engage to restitute their in prisoners of war on paying the real on cost of keeping the same, such claim as for cost to be supported by docu ments. Article 14. This treaty shall be d-rawn up in two languages, French hand English, the French text being ofevidence for the Russians and the ofEnglish text for the Japanese. In case of difficulty of interpretation thee r- French document to be final evidence. d Artizle 15. The ratinication of this ry itreaty shall be countersigned by the of Isovereigns of the two States within nd fifty days. after its signature. The se IFrench and American embassies shall -be intermediaries between the Japa ri nese and Russian governments to an in nounce by telegraph the ratification -n- of th-e treaty. is- Two additional articles are agreed neas follows: es Article 1. The evacuation of Man churia by both armies shall be corn ed pleted within 18 months from the be signing of the treaty, beginning with .u the re:irement of troops of the first in- line. At the expiration of the 18 ia- months the two parties will only be ~iy able to leave as guards for The rail ri- way Fiteen soldiers per kilometre. re- Article 2. The boundary which limits the parts owned respectively by by Russia and Japan in the Sakhalin Lse Island shall be definitely mnark:el off iy on the spot by a special limitographis ers commission. :n- - --- -- ies There will be a Sunday school pic to nic at folly Streer Saturday, Septem ber 7th. M\usic will be furnished in of the morning by St. Paul's singing *es class, -..d in the afternoon by Jolly :le Street string band. Rev. J. A. Sligh a ill also deliver an address. MORE INVESTIGATION OF THE DISPENSARY MEETING OF THE COMMITTEE IN SUMTER. Conduct of The Marion Dispensary Under Fire-The Testimony Taken. The third session of the dispen sary investigating committee began in Sumter on Tuesday. The follow ing report of Tuesday'.s session is by the Columbia correspondent of the News and Courier: Chairman J. T. Hay, Senator Blease, Senator Christensen and Messrs. T. B. Fraser, Fraser Lyon and Arthur Gaston were present. Col. Spivey was absent on account of sickness at ome. The session was brief and only ne dispensary, that at Marion, was taken up. The inquiry was conduct d by the Lyon-Christensen sub- com mittee. It was cumulative evidence is to the manner in which sub-dispen ;aries are conducted. Some may have -hought that the conditions in Spar -anburg were unusual, but Messrs. C:hristensen and Lyon plainly showed y the dispensers themselves that what exis-ts at Spartanburg, is to be Eound in Marion, what is a symptom n the Piedmont is also typical in the Pee Dee. Witnesses and affi davits will be presented here from Darlington, Orangeburg, Charleston, Beaufort, Florence, Marion, Sumter, Barnwell, Greenville and other coun ties to show tha Spartanburg is not . type but a general run. In some counties conditions sre better than )thers, but the sub-committee has not yet found the county in which the empty cases were not returned for a5 cents each: where complimentary iquor was declined; where extra bot tles were not accepted and sold; where presents were not profuse; where drummers did not beg for 'or Jers, and all that sort of 'rhing. True the funds did aot permit a visit to :very county, but the committee has :umulative evidence from ten coun ties. In Marion the dispensary has a good reputaion and the dispenser is i good fellow. Unlike most dispensers he did not urn his correspondence. He told the sub-committee that he had no etters that amounted to anything nuch, bu: Mr. Christensen found some old boxes stuffed with letters :hat told much of the relationg be :ween the whiskey houses and the ispensers. Mr. Manhiem was care ul and circumspect in his testimony. He would not tell much, but stuck :o facts. He was slow to give infor nation, but gave it straight. The testimony here today was argely that of the letters that were >icked out of the dispensary at Mar on-that was before the word went )ut and there was a wholesale burning i letters. so the report goes. The testimony showed that Marion got its full share of dead head sam ples; that it got its share of Christmas presents; that it was not forgotten in the offer for empty cases; that it was in at the beginning in the extra bottles sent out by 'the various liquor ouses, and all 'that sort of thing. Mr. Lyon figured that the Marion dispensary must have averaged about $25 a month on the empty cases that were bought by three of the firms. The evidence here today fixed the identity of Mr. X. Y. Jones as synon vmous with Bluthenal & Bickart, and Sletter brought forth the astonishing statement that this dummy arrange ment for the return of the empty :ases was done with the consent of one of the members of the board of :ontrol, at least it is claimed. It now remains for the state board of control to fasten or 'deny any such statement