The herald and news. (Newberry S.C.) 1903-1937, February 12, 1907, Image 1
*'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