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I} trt I~.~ -L * - VOL LII. NO 46 _____ EWB RRY.8. . TES DAY. JUNE 5. 190t . TWICE A WEEK. $1.50 A YEAR MR. CHILDS REFUSES TO TELL JOKE! 0., N.- and L. ROAD STOOD BY TH] GOVERNOR. President Ohilds Positively Refuses t Answer Questions Put to Him by Investigating Com mittee. -Greenville News. Columbia, S. C., June 1.' 'B God, I'm not going to tell you. This w,as the expression of W. C Childs, one of Columbia's most promi ment citizens, when Mr. Lyon presse him to recite some of the "jokes" I had heard about whiskey rebates. Mr. Childs stood to his determinn tion not to repeat what he lad hear, because he felt that it might involv those who were entirely innocent an lie did not think it right nor prope to repeat conversations of this chara ter. He suggested that lie would rati er go to jail and rot there than rc peat private conversations, or joke on whiskey rebates of things of tha kind; and being the main that le i lie means every word he says. Mr. Lyon was evidently disguste und stated that lie was through wit Mr. Childs and that the cinmnitte might itself take up the examinatior Mr. HIay then promptly said: ''Mi Childs you are excused.'' At. the executive session rules wer issued for Mr. Childs to show caus why heshould not he ruled for con tempt. The rule is returnable nex Tuesday. When the committee meet again. Mr. Childs got up, and whil he was leaving the room said tha he would never answer such ques tions, but- if the committee wante< any proper information from him o wished to communicate further wit! hini that he could be found at hi office at any hour. Mr. Childs, who is a man of m1os even temper an(] equitable disposi tion, evidently got very much provok ed whe,-n Mi. Lyon pressed him t know what the stories or jokes wer( Mr. Lyon -said that lie had no ide what they were, but thought if the; were related that the committee migh then be the judge of the relevaney o the testimony. But Mr. Childs stoo, pat and that ended the incident. A thq time Mr. Lyon suggested that th committee might determine whethe the question might. be pressed, bu Chairman Hay said that lie though the matter had better be puirsued, i at all, in executive session. Mr. Child js president of the Columbia, New berry and Laurens Railroad. and i also president of the Bank of Coluni bia. He is a man of force and charac ter. He had no right, to lug anythin; into the evidence lie gave that wa not necessary. Mr. Childs. was ti first and only witness presented dui ing the (lay. Here aire some snatehe 'from his testimony. Mir. Chiilds was asked if his roa did not get a large portion of the die pensary fireights. He did not knon the comparative biusiniess. Then Mi Lyon asked: Q-Now, Mr. Childs, you keep url I presume, with the fireights that pa0 over' these lines. You have a generns -knowvledge oni the subject of fireigh that comes into the State of Souti Carolina. - A-i have a general knowledge o wh'lat comes in oni my road. T do nio knowv ab)out anyb)ody 's else. Q--What percentage of the di'spei *sary business do you handle?' A-I haven't the slightest ida Q-Have you any idea about wvha your r'oad handles at all?, A-No.' That would b)e a matte for the auditing department. IH could figure it up for' you without an, tr'ouble. Q-Is'it not a matteir of belief tha your r'ohd handles the lar'ger pai:t o the freight that comes into the die p)ensary? 4-I think we ought to: Q.-You think you ought to? A-Yes. Q.-Why? A-.Because wve are the only Till manite .roa'd ini the town, and it le Tillmanite institution, and when the dispensary was started every road boycotted it. When the Darlington riot came the other roads cut the dis pensary. I went right up to Governor Tillman and stood right by the ad ministration and the Columbi, New berry & Laurens Rail road-stood right upi to it, and Senator Tillman and myself are personal friends, and we have been getting. a big part and ought to have a big part. We paid our taxes to Tillman when no other road in this State would do so. Then Mr. Lyon went on to ask what were these alleged jokes that Mr. Childs referred to. A-Oh, I am not going to tell you anything about th'ese jokes. I do not remember it definitely enough to say. . Q-Mr. Chairman-of course it is 1 impossible to bring out information to know whether it is relevant or irrel j evant. I did not expect that Mr. r Childs would give me a conference - before he was put on the stand, conse - quently I did not go to him. I do - not know what lie knows about that at all, but evidently lie has heard t something and it seems to me that lie ought to be required to tell it. A-Well, by God, I would go to jail before I would tell the jokes. Mr. Ly on had a right to confer -with me be fore if lie wanted to. . The Chairman-(Senator Hay). You have not been re(uired t1o answer, Mr. Childs. Witness-Well, I will say right now that I ain 't going to answer, and, - if necessary, I think I should be al t lowed to be represented by counsel. I Mr. Lyon-I do not care to examine i the witness any further, Mr. Chair t an. He is with the committee. - Witness -(as lie was leaving), you ...-w where to find me if you want rIe, I am at my offlee, but I am not ".oinlg to ((o injustice to anybody. S ir. fLyon-Mr. Chairman, ill older that my position in this matter may t. not be misunderstood, I wish to say - that I think that this witness should - stay on the stand and should show re spect to this committee, an( T also think that, respect should be enforced; 1 and I think that he should subject i himself to examination, and if the t questions that I ask him are im F proper, this committee should say so. I And when they do say so, why that t is satisfactory to me, but 1 do not D think this witness should be allowed r to come here and defy this committee t in the style that has been done. Now, t that is my feeling about a transae f tion of this kind. I do not know what s Mr. Childs knows. I have no idea. - I have heard the rumors, and I think , lie should be required to answer if - these questions are relevant' to onr in - vestigation. The Chairman-Well, Mr. Lyon, I s do not know that we should (liseuss B this matter any further right now. - We can take it up in the committee s and dliscuss it among ourselves-the bearing of it. Mr. Lyon of the sub-committee, - had been so changed that the sub v committee should not go on at this .time. Witnesses had been summoned for next week and lhe did not think it well to c*hanige the order (if the wit a nesses for next week. Evidently, 1 from what was said(, thme witness had t dlecidled to eliminate certain evidce tha111t the sub-com.mittee was exp)eeling to present. Mr. Lyon said lie had no objection to the dlecisiomn of the fumll committee and1( perhaps the committee was right in its view~ at all events. Heo was completely satisfied. 'The -- coiiinitteec thlen, at thle suggestjon of Mr. Lyon, too(k a recess until next Tuesday at noon, when a new li ne of t inquiry will be tak'en up. Mr. Childs Will' Apolize. Columbia, June 2.-it 1 is prat ically certain that W. 0. Childs will not b)e sent to jail for contempt of thle dis t pensaryv committee next Tuesday. lie said today that lie would cheerfully and carefully apologize for- the cnss words that lie used yesterday, al though lhe still says lhe will go to jail before lhe will repeat the 'rumors which Mr. L.yon tried to force him to repeat. The und'erstanding Is that the committee will deal with the dis Sorderly conduct only.. CLEMSONS WORK FOR THE FARMERS. A well informed farmer, according to the Anderson Daily Mail, in talk ing today of the good work that is being done at Clemson college, said: 'Although so near our county line very few people realize what Clem son college is doing for the farmers of this' state. To state in full what this institution is doing along this line, would require several columns, but it would be well to call special attention to the analysis of fertilizers. They are using every means possible to prevent fraud in the sale of fer tilizers distributed throughout the state, keeping vigilant watch over the sale and manufacture of fertilizers. A fraud in a fertilizing ingredients is something that can only be detected by chemical analysis. If a farner is swindled in the fertilizer he buys, he will never know it until his crop has failed to give him the expected re turns. Of course, all crop failti'es are not due to this cause-in fact, .very few ate-for under the present system of inspection, and analysis it is almost impossible for the practice of fraud, without it being immediate ly discovered and reported. The in spectors have the authority to enter cars and warehouses, and besides looking after the use of tax tags, they draw samples of each individual brand and send it to the state chemist and the report published. "An illustration of the protection offered by this system might add to the general interest.. Not long ago one of the inspectors in his usual rounds caine upon some goods that looked rather suspicious, notwith standing the fact it was being sold by the ton, and no one suspecting anything wrong. He seized it, and drew a sample and had- it-'analyzed. It proved to have practically no ani ionia or phosphoric acid, and very little potash, in fact, the entire coni inercial value of it as a fertilizer was 73 eents per ton. It was being sold under a high guarantee, for $20 per ton. From this you can see how mneh purchasers were swindled. What will the farier say when lie looks fro re suilts from this? Of course, it is a rare thing for the defleicicy to be so great as this, but several brands have fallen short. in analysis. Don't think this occurred in some dark corner of the state, but it actually happened right here in the heart of Anderson county, and An derson county men were buying it too. It. was made out of the state. and it is only fair to sa. that the man who was selling it says lie was him .4cf imposed upon. "Diins the year about six hun dred of lhuse sainples are analyzed and the results published in weekly bulletins,. which are available fiorl free .istribution. After all this, if h. farmer remains ignorant andl is swini dled lhe lias no one to blame but him self." Morgan Won't Run. HLoni. B. A. Morgan wvill not be a candidate- for governor this summer. Mr. Morgan anniouined todlay not to to make the race. IHe ahs juist established the Bank of Commuierce, an institution with a (capital of' $100, 000, and it would 1)e unfair to those inte(reste(d forP him to give his enierg?ies to a p)olitical c'ampfaignl at this time. The poss5ibility of Mr'. Moirgan enI teingii thle r'ace hats kept a great mnany pleopIle guiessing for several mon11thls. In spi't e of thle solicit at ion of frienids fromi ('very part of the State, Mr. Mor'gani has dlecidedl to adhere to the anniionnIe(menit miade durinig the last GenieralI Assembly' t hat lhe would iiot be ini pliities this year. He makes this anniionneemenwit in justice to his friends and( inl fairness to those who might desirec to offer in the event of' his staying out of the race. Death of Miss Sallie Pitte. Miss Sallie Pitts, dlaughter of Mr. and( Mr's. TI. P. Pitts, die,d at lher' home, in 1Floyd township, on Satur'day mnorninig of' typhoid fever' amnd was5 buiried at Smyirna church on Sunday afternoon, the funeral service being conducted, by Rev. R. S. Latimer'. - Miss Pitts wss about sixteeu years old. " IMPURE WHISKEY IS BEf G SOL] IS THE SHIBBOLETH OF "CHEM ICALLY PURE" A FAKE? State Chemist on the Stand-As tounding Results Obtained Made By Georgia Chemist. At no time since the dispensary in. vestigation has started has evidentc 'of a more effective nature beenl pro. duced tlian was preseited yesterday says the Columbia State of June I It, was not a showing up of individual for petty graft, but it was a presenta. tion of proof to tihe effect tilat th( law itself on its very face is in som< respects itself a great. eontradiction. ,The cry of the dispensary advocates was tiat, it would reduce drunkenness and give pure whiskey. Yesterday A1r. Lyon.showed by the State chemist himself, a friend to the dispensary that the chemical analysis is prae tically useless. For the people whi pay for pure liquor are those whc drink the so-called better grades, and Mr., Lyon showed tliat some of the cas; goods are notlhing but clemical put together into a semblance of wihis key. And in nearly all of the easc goods there is more water thinii tlierc is inl tle same liquors on the shelve, ill (lie ba-rroois in Georgia, wihere there is no State chiemlist wlose dlty it is to analyze the liquor to test its purity. 'hIe tests made y)v Dr. Il(CCan1Idles of (eorgia for lr. Lyon were dlone sI witliout the ehemist knowing whene came the liquors lie was analyzing, And in some instances his answers are almost astounding. This is the kind of evidence to which little at. tention is paid by the general public for it does not tell of vice and sean daIs, but those who are tlougIlt ful will wonder why it is iieeessary to pul water in "1Mouil Vernon'' whiskey to make it saleable in Souti Carolina, Does the dispensary get such a re duetion in price because of large or ders that the dealer niust diliute Ii,, product in order to get a prollti These things may be answered Inter. Wilenl the investigating committec Imlet yesterday, there was a delay of nearly ani hour before the taking of testimoiy was stlirted.. The commit lee was in executive session for a long time and evidently must have been c1onisideriiig weighty matters, probably the futire course to Ie pursued by the committee which at last has been able to work up gradually from dis elosures in co(yt dispensaries to thic State dispensary itself. The First Witness. Tle fIrst witness examined was W T. Crews of Laurens whose iame was Imeitionled incidentally a few (lays ag inl coninection with the transactions between the Augusta brewery and Adolp Shayer, thle witness who made such a spectacle of himself last week Shtayer had operated a beer dlispenl sary in the name of W. TI. Crewvs fmi iuite awvhile and (lhe evidence of Crews yesterday shifts the onus of any blame upon the shoulders of Shayer alone. Tt also shows thait t here was an tin. derstanding biet ween thie b)rewery ani Shayer as to which Crews was kept ii t he (lark with reference to r'ebates an id gives color to (lhe evidence of E W. Hermlani, president of (lie brewery to thue effect that Shayer .had samt kind of pull1 which lie exeri'ised( as "i middleman '' for I terinan's brewer.i in its transactions with Ii(le Stiate' dis peinary. Otherwise than t his the evi dlenice of Mr. Crews was inmmaterial, I le slated positively t hat his only oeOilc(tioni with the beer priviles wuas to secure thie commission in hmis own iinme, as Shiayer had been operat ing an ''original package house' while the dispensary law wvas suts Ipended by the courts for a period, andl when (lie courts finally restored the dispensary law Shayer w~as out of ai job anmd Crews was p)revailed upon1 tc make this arrangement ini 'Shayern's behalf. Wh1en the law was so chanigedl (lint beer' ''privileges'' wer~e dlone awvay wvith ati institutions cent rolled b)y the Statp board and beer dlispenl saries took thaeir' place, Crews retired n'ntd Rhnar took hispnacen. Mr. Crews admitted the authentic ity of a letter which Mr. Lyon pro duced, in which he asked the Augusta brewery if it were true that othet beer men were "et ting rebates. If So -lhe demanded the saimle belefits and "induieients'' for himself. Herman had written to Slh1yer to inlqulire what lie must reply to Crews' and Shayel. Wrote that Crews should be kept inl ignorance of the fact. that Shayer was getting rebates. Crews yesterday ex plained this letter of his by saying that lie had heard that, Shayer was getting rebates and was not dividing with him. in accordance with thei contract, aid he had written Herman in a general way so that the latter would not know what parlieular in formation Crews was referring to. He admitted that if Hernian had replied that Shayer was getting 25 cents per barrel rebate, lie (Crews) wOUld have been glad to have received his half of the rebate. But Herman had denied that Shayer was getting any rebate, and Crews saiid that lie never knew any better until lie saw in the reports of the proceedings of this investigation where Shayer had been forced to admit it on the stand. He denied any knowledge of Shayer's eonlnection with the brewery as a Iniddlenian in this State. The State Chemist. Mr. Lyon then put on the stanil the State chemist, Dr. W. 1. Burney, who is also professor 41f, chemistry ait tihe Soiuti Carolina volle.ge. Dr. H1turniey evidently faI'vors t1ho displesary and tried to give testimony as f'avorable its possible. And when Mir. I,ywn had coicluded and Mr. V. Boyd Evans, represeitinug 110 client, but speaking on account of his great, interest in the welfare of the people, asked a few questions. Dr. Burniey very readily -elared his belief that through ithe dispensary South Carolina gets tle best whiskey in tle country. Dr. Burney readily answered all of Mir. Lyonl's questions, bitt lie doubted the propriety of disti.Asing this mat ter inl public and frequently com plainled because tle newspaper mle were making notes of what he was saying. Mr. Lyon showed that Ie had given quite a lot of study to the nimiifac tuire of' liquor and(] his questions were asked in a logical sequence which was surprising and led to tle One col elusion-that the chemical analysis is more or less of a makeshift. What the Law Require. That the chemical purity of liquor sold by the State was onte of the three fundamental shibbolethls is made evi dent fron the very first section of the dispeiisary law. Herein it is de clared: "All alcoholic liquors inl this state whether manufactutred f 4within this state or elsewhere, not having been tested by the ellenist, of tle South Carolina college and found to b)e pur'e anid fi'ee from poisonous, hurt ftul anid deleterious matters, are here by dleclaired to b)e of a detr'itmental character, aiid their' use and conlsuimp tiae against the morals, good haltuh and safety of the state, and al uhliquors may be seized where ever found, without a warrant, aind disposed of as hereinafter provided.'' -lhe law goes so far' as to state thlaft Iany person in the state iteinig to import l iquor' from another state, 01' foreign county, must cert ify to the State chemist the amiountt and kdind of liquor lie wants and lie must get a siant)ple which'I the state chemist is r'equired to test "'and if fouind to be pueand free from any~ poisonons,~ issue a ('erlificalte to that effect.'' Anad to show how strenuiious5 is thle c*hfirt of the dispensarmy law to make it appear i thaiit non1e but "'chemically pue'liqutor's were p)ut on sale, thle rilroadus were made amenable ho a rine of $500 for each offeiise prov'ed aaninist t hemn for c'arriyinig whiskey which has not attached the certifieate of thle State board as to the chemical puiitity. What is its Significance? Soc. 500 of the Criminal code says in part: "'In all put'ehiases or sales of intoxi eating liquors made as contemplated in this chapter, the board of State di rectors anl cause a certifiate to be attached to each and every package containing said liquors when the same is shipped to the State commissioner from the place of puirehiase, or by the State commissioner to the county dis penlcer. Certified by their official sig natuares and seal, which certificate shall state that. liquors contained in said packages have been purchased by the board of State directors for sale and use within the State of South Carolina, under - the laws of this State, and shall also cause to be at tached to all such liquors the certifi Cate of the chemist of the South Caro line college that. samples of the same have been tested as required by this chapter, etc.'' The rest of the section makes con traband all liquor not so certified to. As a mat te' of fact all case goods go out with Ihis certileate and none are analyzed, or such was the burden of )r. Burney's testimony yester(ay. And it vould appearl that. even the Cerlitieate on ligours tested is not much of a guarantee. In Sec. 557 it is stipulated: "Ae cOMPIanyiig said bids there shall be a sample of each kind of liquor offered for sale, containing not more than1 one-half pint. each, which sample shall upon its arrival he delivered to the dispensary coim imissione r, to be Ie tained by him un11til it ha1s been as certainled that tle wines or. liquors correspond in all respects with that; I)ImIreIhased; said "amliples to ie tle PrOI1rtV of' the State.' Tih questimn was asked by Mr. LVol yesterda: ''Has there ever belen any test to see itf t he liquor 'bought corresponded witI tle sam pIes submitted?'' Dr. Burney stated tha no such comlparisons had been re quired from him. Dr. Burney's Evidence. Dr. W. B. Burney, who has been Stat(. (.hem1iist siice the dispelnsary was started 13 years ago, stated upon being sworn, 11ha11 solie (lays Ie re ecivos no samples at nll 1111 sometimes lie receives as mally as 10 a day. These saiples are i all drawn fIrom tile barrels inl tihe dispenisory. Admitted that it is not his elistom to compare samlples submitted by liquor houses witi the whiskey .a111111 v purci4hased. He does not know 1liat lie hIs ever donle so, buit he is governed by tlihe ha P 411n the snmples and does not know geiierally whence the samples eome. Whiskey is t1akein Irom every barrel in each eonlsigmilent anld poured into a pail. Two flasks arie tilled from the pail and one is seni to him for exami nation. Tl other is givel to tle state hoard. le does n4ot blieve 1hat there is aiy separation of1 tle inlredielits ill a barrel of whisley so tihat after sit. ling a n1while the fusel oil would rise to the i nd tie vo1ogne(i spirits al so be sqIIIratled. T 1ihere is siteh afflnity in tIe oiponeii parts that lie thinks suhli w(e-pl rat ion ii hardly prohable. He w~as unaerp(1uiainteod with al cohol busi ness (except in thle laboratory and he dloes not know wh'lethler thle specifie grav'ity of high wines is sne.i that the high wines would come to the to1). Th'lat could1( be dlemonist rated b)y experi menits. Mr. I,lyon tried to refresh Dir. Bur' ney 's miemory as to experimental anniilysi s made in thle laboira tory at theo college by Mr. 1. 1R. Wilson. D)r. Biurniey had no recollect ion of any anlysis being made by Mr. WVilson and himiselft in testing the puity of whiiskey froum thle dIispensa ry shlv es to make c'omparIisonis with samplles suibmitte d1 by bidders. It' there had been any variation it is piobiable that he woul hnvI a~e reenl1led( it. It has been 10 yearis sinie t ha I yountg mani was ini colIIlege anid he haud made thlousandaos ofI ana11lyses since thlen. Mr. LyonIi hadi to1 leave this line o)f inquiry. Dr1. 1 urneyi'~ saidl thIat lie knows that .t thlousand ofiols(I(41laris of whiiskey arie sold( in ('ase g(oods. Hie does not ox amnino mnieh oft t he enuse goods. The prac'tice has been no)1t (I analyze the ('a154 goods at all. A few samples of such gobods had1( been examinied ini daysf gonie by, he sajid. lIori practiceal puriiposes a p)inut is suif ficient (quantit.y from which to make an examination, hat to make a miniute examination this quantity would 1be entirely inadequate, and it would reo quire days to make a minute analysis and such Aetalled .examinatIinwould