The herald and news. (Newberry S.C.) 1903-1937, September 08, 1905, Image 1
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