University of South Carolina Libraries
*'2 q 9 ~~' - , -" tr c.. rIt VOL, XLIV. NO. 13. 9RsWBgRRY, S. 0. T U14 )A.. FB13RUARY 12,t907 TWIE A WEEK. S1 50 A YEAR State Dispen Has LOCAL OPTION SIRYIYES AN VNPRECEDENT FIGH SENATE GAVE MAJORITY T OAREY-COTHRAN BILL. The Amendments Are Not Such Thi They Will Cause Any Disagree ment Between the two Branch es of the Generaa Assembly. On the motion to pass the Care; Cothran bill to third reading the v in the senate was as follws: Yeas-Appelt, Bates, Biven rooks, Carlisle, Carpenter, Crou raydon, Hardi-i Haynes Holida auldin, McGowan, Otts, Sinkle -Smith, Sullivan, Talbert Toole, Wi liams--Total 21. Nays-Black, Blease, Clifton, Er le, Efird, Hough, Johnsoil, Keli: Laney, Raysor, Rogers, Stacklhous Walker, Wells, Weston-Total 15. Senator Christensen was pairc with Senator Griffin. If Senator~Gri ii had been present lie would lia% oted "'nay'' and Senator Cliristense ould have voted ''yen.'' Senat( eKeithan was paired with Senat( ownsend. Had Mr. Townsend bee lesent he would have voted ''nay d Senator McKeitlian would ha .ted "yea." Senator Bass who has been ill f is home in Williamsburg, was ne resent. Had lie been present woul ave voted "aye." The real strength of thesenat ounting the pairs and absentee ould have been aye 24, nay 17, ajority of seven against the stal spensary. One of the senators who has worl - tirelessly for local option an ainst the state dispensary machiii aid last night thatl he had been tol 8 months ago by wise men that tl _sk was impossible; 18 months froi ow they will wonder why they evc lerated it. The death of the ldispensary is a, ured. The senate's majority may i educed when the bill comes up fc hird reading, but the bill will pas nome think there will be an even lai er majority to its credit. Senatt _ vnsend was not present, but, o presumption that lie oppos1ed th his friends secured a pair wit ator McKeithan. It. is believe t Senator Townsend will suppoi amended bill. The two houses have now passe ie bill. The following is the corret ote in the house of representatiev. here having been an error in the foi -onry published list with referent o the names of Dr. Miller an --essrs. Banks and Wimberly: -Those who voted for the Cares Jothran bill are: Spearker., Whale; ressrs. Arnold, Aull, Ballentini Hanks, Beattie, A. G. Brice, Brya: - arey, Carrigani, Clary, Clinkscale C~osgroce, Cothran, Courtney, Co; -Croft, DeVore, Doard, J. B. Dodd, H. Dodd, Dowing, Frost, aGuse, J. I Gibson, W. J. Gibson, Greer, Hal SHarley, Harman, Harrison, Hemphil Johnstone, Kellahan, Ker'shaw, Lay son, Legare, McArthur, McKeow: MoMaster, .Mann, Marshall, Mille Nash, Nichols,- Nicholson, Niver, Pa) ker, Patterson, Reaves, Richardsoi Ruckir, Saye, Scarborough, Seller IShipp, Kurtz P. Smith, Spive Thomas, Todd, Vanderhiorst, Verno -VonKolnitz, Wade, Walker, Wallac White, Wiggins, Wimberly, Youmar - Those who voted against it ar Messrs. Ayer, Bailey, Bethune, Brant ey, T. S. Brice, Cannon, Carson, Ca rile, Culler, Derham, Dick, Dingl xon, Douglass, Epps, Epting, Gal ,Gary, Glascoek, Goodwin, Gyle -'rris, Hlinton, Hughes, Hydrici ---es, Kirven, Lane, Lester, Leitne -t1e, McColl, Miley, Richards, Rol on' Sawyer, Scruggs, Sharp ughter, D. L. Smith, J. E. Smiti hiwoll, Stubbs, 'Tatum, Tompkin -ngard, Woods, Wyche, YeIdell--4 3ary System Passed Away, GOY. ANSEL REMOVES DISPENSARY DIRECTO10, O ANNOUNCED DECISION SOON A HEARING WAS ENDED. kt Neglect of Duty and Incapacity Forn ed Basis for Charges and Gover nor's Action Against Mem bers of the Board. ' Columbia, Feb. 9.-Governor Anse today removed from office Messr :0 Jodie M. Rawlinson, Joe B. Wylie an John Black. He did it without ad B, and without waiting. It was suggest i ed that he wait and let the member , of the board be removed by legisla r, tive enactment. It could have beei easily done in that way but Governo Ansel took the bit in his teeth an - just the moment that the argumen v, was closed announced his decision re e, moving the members of the Stat Board of Control for "neglect o a duty, incapacity, and the charge - n4ade in the rule to show cause.' e There was no side-stepping by Gover nor Ansel. He felt that it was hi ir duty to act and he used the officia r axe without hesitation. n After his decision was announce I removing the members of the boar< e from office, a memorandum was hand ed him telling him that the senate hai passed the Carey-Cothran bill to it tthird reading. He (lid not know wha the action of the senate would b when he announced his decision. It was rather a hard, bitter dos 'for tile state dispensary system ini ' single day, for t.he entire board o control to be removed from office fo e ''official misconduct,'' and then fo the senate-always the bulwark of th( state dispensary, to vote for th d Carey-Cothran bill, which in term e abolishes the state dispensary system I Messrs. W. T. Aycock and .1. 141 Me e I)onald niade a Imraid fight for th n melbers of the board. They 'wante, time.,. but Governor Ansel was read; i) act, and to do so without delay. I has carefully and patiently studied th C evidence brought out by the Glray doue-Rucker committee, and was fa Imiliar with every turn of the argu ment. and in his final decision remov r ing the members of the board he stat n1 ed that he had studied the testimon: e taken by the legislat,ive commit tee il h) every detail and that while he di d not want to do anyone harm, that hi t felt ealled uopn with due regard t( his oathb of office to remove tle mom d hers of the board. t At the conclusion of the arguiment. the Governor announced his decision Governor's Findings. The following is Governor Ansel' e order removing the directors: a State of South Carolina, County o: Richland. In the matter of the pro -ceeding to remove the board of direc p, tors of the state dispensary. 6, Gentlemen: I want to say I havy 1, given this matter very serious con 6, sideration. I have this testimony ii C, my hands in my offce and at m: -. home and have read it with great ca.r -. and great consideration. I feel th , importance of the matter and yet a , the same time I feel the importance ~- of the oath that I took when I as 1, suimed the offie I-now hold. -Public ofieo in South Carolina i public trust, and it is tlie duty of ev 'b ery offier to see to it that the law i~ 6, carried out, wvhich governs him in th~ ", execution of the offee to which he ha: , beeni elected, or app1ointed. I thinki b is just as much the duty of the gen s tlemen of this board and each one o them to know exactly what liquor are p)urchiased, what prices are pai< :and everything in connection wit] their b)iusiess that is dane, and ti ,know it personally and to knowi -themselves. The records of the ofle, i hould show fully and conclusivel' CO every transaction tha.t is had, ever': 0 purchase that is made and everythini I- done connected with the businoss. 3, As I have said I have rend the tes , .timony carefully. In obedience to th a, resolution passed by thme general as ). 'anmbly, I hard argmments from tlh gentlemen representing the respo'id ents and also the state on Tuesday. In reference, first--To my author ity to remove these officers; and, see ond-The mode of removing them, i I had the authority. I have no doub in my mind that under Section 27, Ar tiele 3, of ilhe constitution of Souti Carolina that I have the power tio re move these ollivers if the e'auses se forth inl the collstitutioin are shown t m1l"y 'Misfaletinn to exist. The set(ioi reads as follows: Setlion 27, Article 3. ''Officer shall be removed for misconduct o ne-lect of dItty ill suih manner a may be provided by law when n mode of trial or removal is provide ill this colistitutioi. Under section 55( j of the criminal code of South Caro lina it is stated that the term of offile of the said board " shall be for tw( a years, unless sooner removed by th . Governor.' I held on Tuesday when this argu - ment was made before me that th i mode prescribed by law was to issu a rule to show cause and in accord ance with this ruling of Ilille, a ruh t was issued and signed by myself an(< - served upon these gentlemen to shoii a cause before me on yesterday wh E they should not be removed from of. s flee stating that the testimony taket before the joint committee of the Gen. - oral Assembly and their findingi 3 would be used oil t,iWs hearing. 1 1 heard arguments oil yesterday iv reference to the demurrer fiirst: Th< I answer to the rule and the demurrei I introduced, I overruled the demurrei - and continued the argumenlt until cle. I venl o'clock this day with the righi oil the part of the respondents tc file and read any affidavits that thc3 i may see proper. At the hearing thiE morning 110 affidavits were illtroducce 3 argumeit has been made before l< t upon tihe testimiony taken before th< r joint commit,tee by the respondent 1and also by the Attorney General. I r do not conceive it necessary that ] 3 should go into the testimony in re. 3 ference to the different matters sel ; forth in that evidence. I could do s( were it iecessaiy. I am satisfied fron - tile Careful Consideration that I hav< i given to the evidence and to the oatli i that. I have taken, taking all of ies( fact's into consideration and givin. 6them (u. weight, that it is my (uty to remove from office these gentlemel - and therefore by vitt.ure of the powei - vested in me by the constitution ol - fouth Carolina and the law. I dc - hereby remove the said J. M. Raw linson Joseph B. Wylie and Johl llack from the offiee of directors of ithe State dispensary. Done at my of I fee in Columbia, S. C., this tile Ilinti dny of February A. D. 1907. (Signed) M. F. ANSEL. (0overnor. Very Deceptive. Bobbie, who has a very vivid imagi nation, came running into the houls( 0%nr day, crying: ''Ohi, mamma, come quick; there 's - a great big black lion out iln the yard.'' ''go, Bobbie,'' said his mothey 'there isni't aniy lion out ini tile yard That is onliy a (log;'' but tihe little fellow continued to insist that it was a great big lion. Filnally .tile mothler, who wvas some what worried over the boy's habit of exaggeratinig, said: ''Now, Bobbie .that is not a lion and you knowv it, se you must go upstairs at once and ask God to forgive you for telling a lie.' Wihen Bobbie came downstairsa 'little later is mothmer asked him if he hiad asked God to forgive him for say mng thlere wvas a lion ini the yar.d; wherenpon Bobbie pronmptly replied: ''Yes, and God said that when 11e first saw it lhe thought it was a lion, too.''-Woman's Hlome Companion. Moody has Sunny Locks. Chlicago ChIroniele. All the Justices of tile United Slates SupremCfle Court except Willian Uf. Moody, tile youngest member, art rgray-hmaired. Mr. .Moody is a blond r nnd1 his hair is of that pahe.trawv coloi which turns gray only very late ir life. 1Iis ruddhy complexionl gives at add(itionalh touch of youthifulness, s< ; thpt thec contrast between Mr. Moody - and1( othert membersq of the Court i! striking. AS YOTES CAME SILENCE REIGNEI t IT WAS A DRAMATIO MOMEN! IN SENATE CHAMBER. One Senator's Idea of Wit to Be Re rowed Fight oi the Bill, But the Result Wila Not Be Changed. The Stale, 1ltlh. By a vote of 21 to 15, at majority o 7, the Soil Carolina senate yeAer day pased the Ca.rey-Cothran loca option bi!l. w!- :'ries with it (th abolithrien of the state dispensar; I system. There was no speechmakii no wi-is ag , aiist telh measure from the frie:lds of tV :resent system. Tli die and been ca.t. Amendments wer present:'d and adopted with searcel: a word being spken vn either side. After- all thn delays and subter fuges s iggested by the subtle tactic of the dispensaryites had been ex liaisted. as their final flaring pyro technies of oratory flashed and fade< in the local option skty-as the inevi table smient long deferi ed by a gal lant bt hiopeless fight drew nem, silence lell upon the senate ehambe As tl rolleall progressed the firn tones of (he senators answering 'aye seemed to sound the deaLli knell o that imlitution which has caused so much q!issensioln and strife in thi proid i ]d state. It wns a picturesque sceei. Mem ories to doubt flitted 1through thi minds of almost every man presen while Ohe ceremony progressed, bu there was searcely a.. sound. Th chatter in the lobbies. was hushed, tl last sil-porter of the rapidly dying inl stittion was in his seat, resigned ti the will of the people. Tn a respectfu silcile-, even in a glocll like un11to tHi of the death chamber, the G. M. I breathed its *,; unwept, disliolnorc< and unsung, ind was gently laid to rest. After the regular order of busines: had been dispensed with, such a! reading new bills, reports of commit tees, etc., Senator Otts, who has con dulted the f-ligt on the floor of tih senate for the local option force,, called for the si. eiai order ILe Carey Cotliranl bill. A number of additional amend minits were offered, all save one whicli was intrudied by Senato: Rogers, being adopted. No objectioi was made to any other amendmen presented except. one offered by Sena tor Earle providing for the use of re quest blanks. After some diseiissioi tis was adopted. "Funny," Like Tillman. As a last attempt to renew his spir its and possibly those of some otle: ielmber', Senator Johnson inltrodue e( tle following ''funny' ' amend ment, which was promptly tabled, bi nlot uitil Senator Appelt had move< to amend by providing that Senato JTohmnson's p)hotograph)1 should accomn pany the amendment and be framec therewith: ''Add the following as section 45 'That all the stock of wines, liquors etc., now on hand in the state dispen sary shall be carefully stored awa' anid kept for the sole use and benefil of the local option members who s< gallantly voted for the p)assage of thn ''C.-C.'' bill for no others, excep1 as heroin provided. Should any pro hibitionist whot aided in the passagi of the bill in any way app)ly for 'short' at any time he should1( be fur nishied a drink of cold distilled wvate1 should any be found on the promises Should any dispensary man be found hagning around the premniess he shal he immediately arrested without war Jrant and sent to the penitenitan without trial. '''Tho nowpaper men are cordial ly inivited to lbe present on all oc casions as honorary members of the clubi herein created: Providled, Tha t.hey continue the goodl a.nd noble work of patting and1( puffing. ''No member of the club shiouh 'onIsulme more than one gallon pe dlay unless for mnedicial p)urposes. ' '' A fler all the amendments had heei readi and disposed of Senator Cliftoi mfovedI that the vote oni the 1bil1 b postpioned for 10 minutes to allos Senator Lanecy, Senator W~alker ami Senator Townsenr1 to get in thei seats. They were temporarily absent,' G but in less 11han two minutes ill were oil hand. Senator Townsend, however, left the senate Ohamber again within a few minutes and was not present to r vote. A rour Paired With Him. A very amusiig eircuistance oe- G eirred inl taking the vote. Wlien the iame of Senator Chriisteniseni was call ed lie did not vote, anoliuicing that lie was paired. Wien file niames of7 Senlator. Crouchl anld Hloliday were reachied they likewise annmtineed ilhat ilhey were paired. It wats apparent at el once t. hat Ihere was s ome Imistake C SoewIi ere and befure the eliair ani nounced lie vote the mystery was s cleared. Senator Holiday arose and Fainnounced that lie desired to vote th dlaye'' since learning that. Senator P1 Grilfin was paired with Senator Chris- o1 tensen, whom lie had also been paired in with. Senator Crouch arose and an.. sa notneed that Seiator (riin had re- vi quested him to pair and he told him er lhe would and considered that. lie was m paired with him, but. on learning that ti the Senator from Colleton was paired J14 with Senator Christensen lie also de- d1 sired to vote ''aye.'' President Me Leod inliuired if there were any oli- to crs who were paired witi tile senator cii from Colleton. There being none the eN vote was announced. th1 The ayes and nays were demanded be by lie senator from Newberry. The is vote is given elsewliere. The (otals ti were 21 for the adoptionl of the hill to M .15 against it. fil Senator Blease gave notiee of t0 amendiniiits on Iiiird readin-, which,e al is the parliamentary metlhod oh' serv ing- notice that the attack will le re opened. The Newherry senator is nu fighting eivi iieli ground still)- st; bonIlly, and tIe end is not yet, as lie of 1ann1oun1eed that lie would attnk the re bill vigorously Monday. The ques- fit tion is asked, if Blease had two lien- ai tenants what. would tie eid le, and ti when? fil Senators Taibert and nraydon sub- fa imitted reasons for their vote in sup.. th port of the bill. Senator (Traydon's . reasomis arie as follows: th 'I vote for tile passage of' this bill in ,or. ile realsois tihait lie senale lav- la - ng already expressed itself its in fnv- Ix or ol' tlie hill, I thiink (Ilat we should oI - perfect ile hill, and make it as good sn as possible. I am nimble to get my hi i,ol)sven to ilhe eoninuancee of thle I preseli mana.11:1gement of Ile stiate dis- 1i I ponsary, and vote Ifor thlis bill ns I h,( - regard it tile only way to gel rid of m She present manageient.'' t Couadn't Show It. A New York womnan,' saidll en ry Clews at a recent dinner, ''saw inl ro - a sh(op window on Fifti avenue a col- fo . lar of pearls that she liked. She stop ped tle carriage andl(1 sought out tle I shopkeeper. el 1'''What is the price,' she said, ''of j - that pearl collar in your wind(ow '?' Cd I ' ' 'Six thlouisand1(11 dllars, madam,' m said the shiopekeeper, and lie drewv to forth the collar aind dlisplayed its p beauties to the dazzled woman-. d ''She took ont her checkbook. ''T'll tell you what I'll do,' she said 'I'll give you my check for $3,000, fo Pand I'll send( myl husband here to see . Ithe collar this afternoon. Don 't tell 15ir him it is $6,000, tell him it is $3,000i. su Then, maybe, ho will buy it for me.' a ''The jeweler' bowved and smiled. st: He had seen this sor't of game play'ed- al many a- time before. t,h ''I wish you luck, madam,' lie Ju1 said, and the lady depar'ted. wI I Her huisb)andi she found in hiis Il office in a mood0( unusually tract.able. HIe had sold certaini stocks at a gr'and( th pr)iofi t thatI mor'ninug. HIe consented readily, therefor'e, to g~o and look at 1e1 the necklace. to I'''Thlit evenling his wvife drmessed fori . d (innerC with usual3 caire. She woire her most beautiful gown. She dream-lI d,as she dressed, of an affectionate st Il'hrioat a col lair ofi pl)C's. "i ' lai' were(i' the mnani's f'irst w'ords wh'len lie "ot hometi.(I 'Yout der'p, ' shie exela1imned, ' Let ed 'Can't,' said he. ' I had it sent toI p1 I my motheri''s. You know it is her as r' I hrthdln to 'iew. OVERNOR ANSEL VOTED PROMPTLY FTrER HEARING ARGUMENTS OVERRULED DEMURRER. ve the State Board's Attorneys On(y One Day to File Affidavits. Fe Sate, 9th. At the conchisioi of the argument the hearing yesterday withl refer ee to the remloval from offiev of the sp1mnsary directors, Cov. Ansel id: "I am satisfied, gentlemen, that in is matter I am not bound by the -ovisions of section 18, of article 1 the state constitution, from hear g the matter without submitting the me to a jury or a referee. That pro s-ion was intentde( for trials in the imillill courts of the state. In all v experiellee ais A lawyer, for more an 30 years, all rules to show cause we been heard in court by affi ,vits. "In this matter I had copies of the 4imony and the report of the spe ll committee of the legislature serv on the respondents in order that cy might know that tile same would used in the hearing. The demurrer overruled and the hearing is col Ied unllltil 11 o'clock toiolow rning, when tie respondents may .e such a1davits as to the t'acts of e CaSP as, 1they spe proper and the uments onl the facts will be heard.' There was no time spent in prelini ry proceedings dll(I the learillg was rted at noon. Mr. W. T. Aycock tile firm o' W'e-iton & Aycock, rep senifing.. Chamirman:1 dodie Ml. Ha3w i1n, read tlie Iet11111 (A, the deflen( its to tile rile to shlow jause why ey shiould not be ejeeted from of !e. le then argued briefly on tile ets of the case as they appear to e accied. He denied that the law prolibits e (lispensary from carrying a stock excess of $400,000. 'I'lere is no sich w. partiuiarly of a cri inaiiill 11(1 nal nii'ature. .\t any rate a stock $400,00) wold1 l entirely too mlll for a colcern will an11 alnmlal siness lit $3,mm000,000. As to the( prive p:iidl foI 'll"II,Cark Illor. tle attorneys were prvpared, said, to prove dilt they paidl 1he ,Irket valule and1( no mlore and( thlat V "goods" are vortlh the price pai(. 1 1r,posel to show ,turther that the ard AIle I dI; i:erelion an )d a It o rity in ma11kin11g. p nI-vhlases, an(l unty (ispelsis ive o riht t be reinl. uipon ilhe board4 li<ptimr wihel r some 'eason tihey might prefer. 'ITe alt orneys woulld shiow furtiher wre thal.t lie board ha( imadle earlest fIr to kovep, the dlispelsary suppli Many holiuses had been blacklist b)y the former investigat ing" com ttee and( others had refused credit thle state dispensary. lIn the last ace thmey would enter a sweepilg tial of tile charge of misconduct. Mr. McDonald's Argument. Mr. J1. E. McD)onald of Winnsboro lowedi withI a very (clear ar'gumtent. 3 was solicitor of the sixth circuit years ago when Gov. Ansel was licit or of the '' fighting eigh th "' d1 they are acquaintances of long mding. In the outset Mr. McDon 1 made a ver~y adroit argument at his excelleneCy was sittiing in a dicial capacity, that this hearing is in every respeet a court and that e was a very grave ease on trial. tour excellencey would not condemn ese men,'' lhe said, "w ~ithout giving em tile opportunlity to prov'e tite al ~atinis inl their return~i to the rule sho(w cause. "' In thle rle they arec ac.cuscd oif ,latin o018(f criminal statutes. If it truc that. they violate(d criminlll tutes, it is the dutty of the attor y general to p)rosecute them ; and en iln such a case they should nlot be mvcd from1 iomee, for t heir case ini uit wou1Ild he prej udiced by t he fint he excetive that t hey had. violat their u I 21tions as pub)1iCOliceials d they wold( not staindl in the pro0 -r ii't before tile jury." Hie then