The herald and news. (Newberry S.C.) 1903-1937, July 31, 1908, Image 1

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;f TOLXLT NO, <il NEWBERRY. S. O., FRIDAY. JULY 31. 1908 TWICE A WEEK. SI.50 A YEAR |Candidates Fo || Offices A ifflEIR YIEWS ON THE j VARIOUS LIVE ISSUES BhE MEETING AT WILLIAMS STORE ON TUESDAY. Meeting at Longshore on Wednesday $ ?Meeting Well Attended and Speeches Givon Close Attention. (By Jno. K Aull.) 1? The comity campaign meeting at $|Srilliams Store on Tuesday was attended by about one hundred and fifty or two hundred people, includ { ing a number of ladies. While the Growd was not large, it included more the voters of the township, fact, with the meetings arranged they are in Newberry county, more fj^jfhan half of the voters of the county have * heard the candidates be/ fore the primary. ||$|-Thc crowd ill Willi ams Store on ^Tuesday gave the candidates close 'y'jjpnd respectl.ul attention. Tt was |s?vidtnl that they were thinking, and Pat thoy wanted to select the best L incn for I lie various offices. There yras no applause. } i No. 7 township includes three preif'Jincts ? Saluda, Chappells, and yaughanville. Each of these precincts was well represented. . The speaking was in the grove t across the road from (lie, residcnco of Mr. James B. Johnson. Tuesday was ideal for a meeting of this kind. An excellent barbecue dinner was ; served. The 'cue was furnished by ^ Mr. J. A\ . Sanders, and was cooked by Mr. James Dunbar, with the assistance ol Mr. J. W. Davenport, and it was very thoroughly enjoyed by everybody who partook of it?and > everybody present partook. ^ Considerable space rs given to this |: meet ins in Ibis issue of The Herald , and News, because it is desired to give the views and the positions of the various candidar.es as accurately and as fully as possible. Messrs. I<\ 1 W. Higgins, Arthur Kiblcr and Os. ' Wells, candidates for the lower house ' of the general assembly, were not present, Mr. Higgins not being able to be present on account of the ill^ ncss of his aunt, and Mr. ICibler being confined to his home in ^TewheiVv by ! sickness. Messrs. Higgins and Wells I were at the meeting at Longshore on! Wednesday, and synopses of their addresses are given in the report of the Longshore meeting. The speeches of (he candidates for superintendent of education arc not , given as fully in this report as the addresses of the other candidates, L lack of space forbidding. T( is the ft purpose of The Herald and News to B report the speeches of these gentleBmen at a subsequent meeting more B fully in I he next issue, giving more I space to (hem and culling down the \ space given to the candidates for Hie other ollices?taking it turn about, as | if were. The candidates for the senate are given a great deal of space in this issue. Mr. Aull having raised a constitutional question which he contends idisqualifies Mr. Johnstone from holding a seal in the general assembly, and il being desired to stale the positions these gentlemen on this matter, el other mailers, as fully as possiIn fact, what I he I wo candidates Bid about Mr. Johnstone's position Bn member of the hoard of trustees ra Olcinson and as chairman of the ard, is reported practically verbaBn. And, then, the office is one of Be most important within the gift B the people, and it is well lliat the Hople should be fully advised ns lo B views of the candidates for this Hice. B\s stated, in my report in the next ! ue it is my purpose to cut down j ir space and give more space to ! H' candidates for the oilier olTlces. |5 The Meeting in Detail. Tn (lie absence of County Chairnan Fred. 11. Dominick, who had exI r County ddress Voters pccted to bo present, Mr. B. 13. Leitzsey, secretary of the county Democratic executive committee, presided. Mr. Leitzsey slated that Mr. Dominick was detained in Columbia by business, and that he had been asked to take charge of the meeting, lie bespoke tor each of the candidates earnest and respectful attention. The candidates for the State senate were first on the program, and Chairman Leitzsey introduced Mr. Alan Johnstone, who now represents Newberry county in the lower house of the general assembly, and who is seeking a seat in the upper house. Mr. Alan Jolmstone. Mi-. Johnstone said he was * sorry to be compelled to tell tlie people that his physical condition was not equal to t lie occasion, lie said he had spent Sunday in lied with a high fever, with a summer cold. His throat was very sore, he said, and he asked pardon if he talked in a rambling way. On this spot two years ago he had made few promises, but he had made some, lie said. The few he had made were broad and comprehensive. One was that if elected he would stand for good government*, wherever it led. He had promised that he would give (lie best service lie was capable of. He had promised that he would sustain the higher institutions of learning, as lie would be a friend of the common schools?sustain the higher institutions with Ihe necessary and proper appropriations. Ho had promised that he woula stand for as low rate ot taxation as was consistent with a proper administration of government, lie had been faithful to every promise, he said, and he wished he had an hour to explain everything lie did, and why. lie had nothing to conceal from mortal man, and especially the people of Newberry oounty, among whom lie was born and reared. Mr. Johnstone said that the destruction of the State dispensary was one of the achievements of the legislature of which he was a member. He would let that matter- pass, knowing its disappointing history, and that the country breathed freer at its destruction. He spoke of the consternation that prevailed when the United Slates courts decided that Ihe State had no labor contract law. Deeply feeling the condition which (lie agricultural people had been brought lo, he addressed his best thought lo a solution ol. that question, and after studying the decision ho saw one remaining principle upoq which a structure could bn built which he believed would stand the test of the courts. He assembled I lie agricultural people in the legislature and laid it before them, and they said it would answer the purpose and that they believed il would be the best I hey could do. He told I hem there were two able lawyers in the legislature with whom he was acquainted, whose counsel he believed i! would be wise 10 secure, and Ihe idea was gone over with these two lawveis, and they said they believed the bill would stand the test of thr courts, and the wonder was Ihev had not thought of 11 sooner. That law was on the books today, and lie believed il would stand fhc, lest. Mr. Johnstone then took up tlio road question, saying that he had endeavored as best lie could to get a road law passed which would answer 1 I lie general purposes of (lie county.! He h^'1 devised a method which pro- t vided tlial Ihe supervisor and com-! missioners should Ifiy olT Ihe county' again in road districts?not the road j districts which we have, numbering j about f>00, but in larger districts, : suit bale lo the belter working of the roads. He had left that power in their hands because they were the best judges of how large or how small Ihv districts should be, knowing the necessities of the various scelions of the county. "I enacted into law and got il through," lie said, "a lit lie regulation providing for a onemill tax by county or townships; iP. \ the county would not enter into it the township could enter into it." This was intended only as a beginning, to see how the people were pleased with the plan, and it' they were pleased the amount could be continued and increased from year to year. Ilis mind and heart were fully fixed and determined upon the purpose of fixing better road regulations, to securing betler roads. Mr. Johnstone then look up lie appropriations for State institutions of learning, saying there were two standpoints from which the citizen should view these appropriations. One standpoint, was the public good, and another standpoint was personal interest and how much ho contributed to that measure. Assuming that there had been an extra appropriation of $100,01)0 for that purpose?which there was not, ho said?but assuming for the sake of argument and for the purposes of illustration that such an appropriation had been given; how did that come home to the citizenship? If property wore assessed at its true, real, sale value, the man who paid taxes on $1,000 worth of property would pay 17 cents of thai money. Hut when it was considered that property was assessed at only about one-third its actual value, it would be seen that that amount would be reduced in less than six cents. Consider next, he said, not only the standpoint of personal benefit, but of the public good. Why did he say personal benefit? ''You are a part and parcel of the public," he said, "and whatever benefits the public benefits you. ' lie spoke of advancement along educational lines throughout the country. "Are we going to shut the doors of our higher institutions to our young men, and fall down before the country and before the world?" He said that he had told the people two years ago that if they commissioned him he would stand in the proper way by thoso institutions with the proper and necessary appropriations. $.10,000 had been given to the Citadel for repairs. It had been given to a city, to build up its institution, which had furnished fo the country great and heroic men, many of whom now slept in the lap of Virginia. That city and that county paid one-tenth of the taxes of the State. Since 18-iS that institution had not been given a dollar to improve its property, or for repairs. He went with the legislature to Charleston to see whether the appropriation was necessary or not. lie saw as plainly as the .human intellect could show that the property was being actually injured by withholding it any longer. He had voted to give it, and if the people voted against him for that, lie would always know they had voted against an innocent man. The same condition, he said, applied to I he South Carolina college. Voice: Tell us something about the road question. Mr. Johnstone: I have told you about the road question. Mr. Johnstone then took up the matter of his position as a trustee of Clemson college, saying that he was sorry he did not have an hour to talk to the people about that matter. "That position does not pay me a cent in a monetary way," he said. "It never has paid me a cent. I don't expect a cent. T don't expect any pay except the satisfaction of Knowing that 1 am accomplishing some good for the people who are engaged in the same occupation that T am engaged in, and for the working poo|rle throughout the entire Stale. That question as to whether it bo a State position or not was settled by the Constitutional convention, and for twenty years Senator Tillman has occupied that position on that board, and he has been twice governor, and United States senator. And that question has been regarded by the legal mind of the Slate as absolutely and entirely settled. That question came before the last legislature afresh, as things sometimes bob up anew. 1 regarded it as little more than a piece of pleasantry between two Oconee gentlemen. But the legal j minds of thai body?.fiut it possessed ! legal minds?deeided that there was! nothing in the question, and the reso-J ing words of the resolution were) stricken out by almost a unanimous vote. 1 wish I had tLine to analyze that question in all its details, because I know that you gentlemen want to act conscientiously in regard to that question, and 1 claim the same for myself. Mr. Clemson gave to the State of South Carolina one hundred and eighty odd thousand dollars, as I recall it best, upon condition thati he was to name seven of the trustees, who were to fill vacancies that occurred by death or resignation. Suppose every one of those men were to resign. The legislature might meet and sit in session forty years, and it could not replace one singlo one of them. Why? Because they derive their source and power and they originate! in I lie will itself. Bat let us | look at tlie justice and equity of the < question. How under the snn could 1 (lie Slate of South Carolina say by i legislative enactment that if you ] give us this properly we will allow ' you this privilege, and then turn i around and destroy tin1 right of eit- ; izenship of those seven men? Let i me ask you another thing, in common j sense and in common business judg- i ment. \\ hy would I desire In bold a position contrary to law thai pays ; me nothing ami works my brain and ? my body sometimes day and night. ( \\ hy would I waul to hold llial if it was not the desire to accomplish i some good? j "Now, my friends, I never invited i myself into a race in my life. I was in- i vited into (he legislative race by tho ; citizenship of this county. I was jnvit- ( ed into this race 1 am in now by your i ballots, and by your ballots alone." ) Air. Johnstone said that lie proposed Id criticize no man's conduct s but his own. Thai conduct (lie peo- ^ pie had a right to, and lie had noth- s ing to conceal from I hem. If any woman, child, or decrepid man, who was unable to come to him, wauled to know his position on any question, j lie would be glad lo go lo them and | tell them everything he had done, and everything he had proposed to do. He concluded by saying lie was | born and reared among tho people oi Newberry. "When you hear I his and that." he said, "ask yourselves, Does that sound like I he man you j know?" lie said that he had not been a hungry ollice seeker in those 1 ;>8 years he had lived among the people of Newberry. Mr. E. H. Aull. Mr. E. H. Aull, who represents Newberry county in (lie lower house of the general assembly, and who is : a candidate for I lie Stale senate, was ' next introduced by Chairman Leitz- 1 sev. 1 Mr. Aull began by saying Dial he was born and reared in Newberry county, and that the people of New- ' berry county knew his record and what his life had been. "I have nuv- ' or been a hungry ollice seeker," he , said, "any more than my fYiond, Mr. 1 -Johnstone, has boon. Certainly my ' people have never sought ollice at ! your hands." J Mr. Aull said he appreciated I he | vote the people of llie county had ( given him as a candidate for the house of representatives, and that he had endeavored lo servo I hem faithfully and well. How well it was for t hem lo determine. I In discussing the constitutional question which he had raised in the. j campaign in reference lo the position ] held bv Mr. Johnstone as trustee of . t'lemson college, and as chairman of j the board of trustees of Clemsou, which position, it is claimed by Mr. Anil, disqualifies him under the Con- < stitution of South Carolina from | holding si seal in the general assembly, Mr. Aull said: "Now, my friends, I have raised a i constitutional question in this eain-|< paign. T would not have you think ] for fine moment thai llial question I was raised as a technical question. I I am honestly and sincerely in earnest < about that mailer, because T believe T : am right. Mr. Johnstone talks about I Senator Tillman. There are two pro- ; visions of the constitution in regard i < holding I wo oflices in lliis Stale. | > ialor 'I illmnn floes hold the otTice ji of life Irusloe at f'femson, and trus- i tee by election of the legislature at | Winlhrop. lie has held those posi- i lion- since tho^e institutions were cs- ; i lablished. 1 don'I think ho has (ho < right lo hold them. But that is not i [ho question that is before us. I "The first provision of the consti- J lutiou in regard to holding two olTtecs 1 reads as follows: "Article II (Right 1 if Suffrage), See. 2, Constitution of I 18!)"): Kvery qualified elector shall ho < eligible to any office lo be voted for, unless disqualified by age, as pre- 1 >cribcd in this constitution. But no : person shall hold two odices of lion- I >r or profit at the same time: Pro- ' rided, That any person holding an- ' >ther olliee may at the same time bo ' in officer in the militia or a notary 1 public." That is the general provi- ! don in regard to holding two offoes. ' "The positions which 7MY. Tillman ' lias held do not come in the sanio eat- ' pirory and do not come under the in- ' liibil ion in the constitution against members of the general assembly holding any other office, because Mr. Tillman has never been a member of I he general assembly of this 1 Stale. Now, 1 want you to listen lo this provision, which is contained ' n Article 111 (Legislative Department), Sec. 2-1 of the Constitution of 1S! >.*?: "No person shaft bo eligible to J i seat in I ho general assembly"-?the ! somite of South Carolina or the house >f representatives?"while he holds 1 any olliee or position of profit or trust under thi^ SI:iI?*. the United Stales of America, or any of I hem. or 1 under any other pownr, except officers In the militia and notaries public; 1 ind if any member shall accept or ' wereise any of the said disqualify- ! ng offices or positions he shall vacate ; lis seat." "The oath of office which we lakel vlien we are sworn in as members of lie general assembly reads: "I do lohvnnly swear (or affirm) that 1 am ( Inly qualified, according to the eon- ' :titution of this State, to exercise the luties of the office to which I have >een elected (or appointed) and that j will, to the best of my ability, dis liargc the duties thereof, and pre- ( serve, protect, and defend the eonstiution of this State and of the Unit- 1 d Stales." "The ease of Mr. Johnstone is not i parallel case lo that of Senator Tillman. 1 claim that Mr. Johnstone, . inder that provision of the constitu- j ion which says I hat no member of , ho general assembly shall hold two . iffices, is disqualified. ^ "Now, as 1 said, T would not have . rou for one moment hefievo tliat I j nil taking this position as a leehni- ( al nialti'r. What is the wisdom uu- j lcrlyina that provision of the eoiislintion.' N oii gentlemen know that al very -ession of the legislature there j re questions comite* up afiecliu-l liese inst it ut ions id" learning. Now, , I claim that any man who is a lrus-1 lee and the president of the board of Irnslees of one of these institutions, if he is true lo the trusl which is iinl?osd upon him when he accepts thai position, can not legislate about thai institution without being partial to it, however honest and conscientious lie may be in hi< actions. I slated on I he stump al Ilie first meeting, as an illustration of thai, two things thai cainc under my observation while I ivas in the legislature willi my opponent for I In* senate. 1 don't rcmomlier what I he first question was, but ( I know that dnriutr one session someHum: came up affecting Clemson col- ! le?rc. Some member had a bill that ! ilVeded Cleinsoii and Mr. Johnstone immediaIely arose from his seal and <aid: "Mr. Speaker, as it seems thai 1 am the only representative of f'lemson "ii this floor, I must do lend lliis institution." "T had a bill down there l<? proride Dial Clemson si oubl pay for the convict s it used. They claim that ['leinson does not get any direct ap- ' propria I ion from Die Slate. 'I hat is |rue. in a sense, but the Ad creating ' I he institution appropriated the use 1 >f thirty convicts. I don't recall exid ly now how long the college lias been runninc:. but at least ten years, i nnd these convicts oiu_dil to have paid lo the State at least .*3,000 a year, which wonld be *30.000. When I inI reduced ilii- bill I" require the I rusIecs of ('lcm<on to pay to the Stale I ie) i i t en I i a ry si\* dollars each per month for the use of the-e convicts, and it was referred to the committee [>1! which Air. Johnstone and I wero members, ho asked (ho committee to liold i( up until ho could havo a conference with Mr. Simpson, of tho board, and until Mr. Simpson could bo heard. No other member asked that it he held up. We held it up, i>f course, (hat being a courtesy which would be extended to a member of Hie commit lee. Next day Mr. Johndone said thai lie would like to have Ibis bill held up until (lie result of some oilier legislation in the house ifleeting riemson college should be known. I protested, and (lie bill was reported and passed, and now Clcni*?>n pays for (hose convicts. T menlion (lieso things (o show lhal a man, however honest he may ho, however conscientious he may be, is obliged to lean towards (ho institution he represents. Do you mean to (ell mo for uno moment thai if Mr. Johnstone had not been a member of lhal board i?l iruslees that he would have asked >r endeavored or helped or tried to kill a bill so just as fliai ?-no? Not :i vole was east againsl il in the liouse. '' A t the first meeting Mr. Johnstone took the position that he had m'en At iorney (ieneral N oiiumus, !) : lore lie became ;i candidate two years showing 111:i 1 Mr. Johnstone had <o>ne doubts about lhal mailer Iiin><ell. although Mr. Tillman did hold I he position. Mr. Johnstone said thai Mr. \ iMiiiuins look (lie position (hat mder our eousl il ut ion, which provided for no life tenure, lhal Mr. Johnstone as a lite Irustce could not be in agent, of the Stale. Then down at Ml. J lcasant he took the position hat, oven il he were inhibited under he constitution from holding both hose positions, that when he accept d a seal in the legislature ho vacated his seat at (Menison. Bat I his provision says he shall not even exercise he ollicc while he is a member of the ieneral assembly, and (ha( if he do so ie shall vacate his seal; and he still xerciscs I lie ollicc of trustee a( Clcm!on Then I told him about the de ision ol the supreme court-?T liavei'( lime lo read that decision?lioldng that Clemson is a S(;ile inslituion ami thai the board of trustees ire agents of the Stale. Tltn declson was rendered in l!)()/, which must lave been six or eight mouths after dr. Johnstone had secured 1 he; opinoii Iroin Attorney General Voutnaus, ivlio had in the moan lime died. Then il \\ hitinire Mr. Johnstone took the losilion (hat the supreme court had lecided thai I he board as a corporate ioard was the agent of llic Stale, adiii11 inv. as he wa> forced lt> do, llial I he board was an aucnl .?!* the Slate, mt claiming ll.al llic individual life members were not agents ->l the Slate. I lie lile inemlicrs constitute n majority of dial board, and Mr. fohiislone is chairman of the board. II llic board as a unit is an ngcnl of I lie Stale, it Would seem lo me I hat llic individual members in their capacity as members of the board, would be agents of I lie Stale, and [ erlainly the life members, who constitute a majority <>f the hoard, would in their capacity as a majority of I %'e hoard lie agents of the Slate, and porta inly the chairman of a board, which hoard would be an agent of the Sliiie, would be an aiicnl of the ^lale, according to the decision of the supreme court. lint, grant for the 11<< of argument t hat he i-- not technically inhibited from holding both I hose positions; the wysdoin of the provision applies with more force lo the posilon of life member, over whom I he legislal lire lias no control, ?as was staled lo you I his morning Ii.v Mr. Johnstone,'- ? I han lo a position for only a short lime. That provision in the constitution is founded in good reason, because, as 1 have already sail!, il is not right lhal a member of the boaril of I rie.ices of any if those instil ut ions should be a member of the legislal tiro. "lint Mr. Johnstone admitted flown at Mt. Pleasant that ho held 'mother position, and yet he slates lhal he has never sought ollicc nor wanted any; lhal il i- onlv ;it the earnest request and enlrcnty of Che people of Newberry coniltv thai lift has become an office hohh r. lie holds the po-iioii in I he I'niled States government as cotton statistician. He ad