Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

VOL XLVI No,12 NEWBERRYt S. C., TUESDAY. FEBRUARY 9.1909. TWICE A WEEK. $1.50 A YEAR THE WORK Of TIE GENERIL ISSEMBLY SESSION WILL PROBABLY CON TINUE TWO MORE WEEKS. Deadlock i Associate Justice's Race oontinues-Liquor Fight Begun Elections and Other Matters. Columbia, S. C., Feb. 8.-It was the general impression that when a fixed salary was made as pay for the mem bers of the legislature that the session would probably be less than forty days. The present legislature has been in session now for four weeks and so far as disposing of any meas ures that have been proposed is con eerned, very little has been accom plished. About 800 bills and -resolu .tions have been turned out from the engrossing department, and up to Saturday only ten had passed and been enrolled for ratification. The house on Saturday considered uncon tested matters and quite a number of second reading bills were ordered for third reading and will today pass the iouse and be ordered enrolled or re turned to the senate with amend mnents. These, of course, pertain largely to local affairs. It may be best for the country, however, if the present legislature does but little in he way of passing new laws and amending old ones. As a general thing our laws are changed too frequently, anyway. The liquor question has had two or three skirmishes and an effort in the house to bring the matter up on a test vote was very close. A skirmish was also had in the sen ate on Saturday on Mr. Appelt's bill to require agents soliciting business in this State to pay a license of $5. 00. No test vote was made execept that the senate refused to make it or any other measure a special order and the discussion will be continued to day. T.he deadlock on the election of an associate justice still continues and .seems not much nearer a solution than several days ago. The last. ballot tak en was on Friday night when Mr. Sheppard and Mr. Hydrick each had 53 and Mr. ;Cothran 46 votes. The last ballot was taken on Friday night, it being the 24th ballot since the ballut ing began. Judge Gage was with drawn from 'the race on Thursday Snight, and on Friday t'he name of Judge Watts was withdrawn. The joint assembly 'receded from balloting on Friday night until 12 o'clock on Tuesday. It may be interesting to print the ballots so far taken. First Ballot-Cothran 38; Gage 22; Sheppard 36; Hydriek 33; Watts 35. Second Ballot-Cothiran 37; Hy driek 35; Sheppard 37; Watts 33; Gage 21. Third Balot-Cothran 38; Hydriek 38.; Gage 18; Sheppard 37; Watts 32. Fourth Ballot-Watts 32; Cothiran 37; Sheppard 38; Gage 20; Hydrick Fth Ballot-Cothran 37; Hydrick 37; .ge 21: Sheppard 37; Watts 31. Sixt Ballot-Cothran 39; Hydrick 37; Gage' 9: Sheppard 38; Watts 31. Seventh ~allot-Cothran 40; Hy Seventh B \lot-Cothran 40; Hv driek 38; Gae 18; Sheppard 37; Watts 24. Eighth Ballot -Cothran 40; Hy drick 40; Gage 20 Sheppard 36; Watts 23. Ninth Bal:t-Couthran 37; Hydriek' 38; Gage 18: Shep >ard 39; Watts 24. 'Denth Balloi-C thran 38; Hydrick 37; Sheppard 40: ~age 18: Watts 29. Eleventh Ballot -Cothran 38: Hy-, driek 34: Watts 28, Gage 20; Shep-I pard 40. Twelfth Ballot-C>thran 39; Hy driek 35; Wat.ts 30; Gage 15; Shep pard 38; Shand 1; Sea'rboroukh 1; M. L Smith 1. Thirteent h Ballot-ICothran 39; Hdriek 38: Watts 301; Gate 13; Sheppard 40. Fourteenth Ballot-W ydriek 34;: Cothran 36: Sheppard 3g: Watts 28; Gare 20.\ Fifteen!th Ballot--Hy1driek 44; Cotr:n 40: Sheppard 41;- Watts 32. Sixteenth Ballot---Hy .rick 44; Cothran 41: Mbepp:'rd 43: .Watts 30. Seventeen t! Ballot-H.idriek 48; trer 40: Sheppard 38;' Watts 31. Eighteenth Balot-Coth-ran 51; Sheppard 54; Hydrick 55. Nineteenth Ballot-Cothran 52; Sheppard 52; Hydriek 56. Twentieth Ballot-Cothran 47; Sheppard 55; Hydrick 58. Twenty-first Ballot-Cothran 51; Sheppard 50; Hydrick 53. Twenty-second Ballot-Cothran 49; Sheppard 49; Hydrick 53; Stobo Simpson 1. Twenty-third Ballot-Cothran 49; Sheppard 52; Hydriek 54. Twenty-fourth Ballot-Cothran 46; Sheppard 53; Hydrick 53. Mr. B. H. Rawl, a graduate of Clemson college, was elected a mem ber of the board of Clemson to suc ceed Mr. L. A. Sease, resigned. He was opposed by Representative Greer, of Greenville. Mr. Rawl received 97 votes and Mr. Greer 58. Capt. Claude E. Sawyer, of Aiken, was unanimously elected a trustee of the State colored college at Orange burg to succeed Mr. Arthur Kibler, of Newberry, who resigned on account of having been elected a member of the legislature. Mr. W. H. Glenn, of Anderson, was elected without opposition a member of the penitentiary board ,to fill the term of Mr. B. F. Thomas, resigned. Mr. A. K. Sanders, of Sumter, Mr. John G. Moblay, of Fairfield, and Mr. Jasper M. Smith, of Colleton, were re elected to succeed themselves as mem bers of the board of trustees of the penitentiary. Mr. Deas, of Kershaw county, was elected to fill the unexpired term of Mr. D. B. Peurifoy, deceased, as a member of the .penitentiary board. Capt. D. J. Griffith was reelected su perintendent of the penitentiary with out opposition. This concludes all of the elections except that of some of the circuit judges whose terms expire before the next session of the general assembly, and, of course, the associate justice. The immigration department has been sustained by .the house in an qct amending -the act creating the depart :nent so that the word "immigration" wherever it occurs in the old act is stricken out and the word "indus tries" inserted. This amended bill will very likely pass the senate. It nrovides that the commissioner of ag riculture, commerce, and industries shall not directly nor indirectly at 'empt to bring immigrants into .the State. The bill to authorize Newberry rsounfty to issue bonds for road im pi ovement introduced in the house by Mr. Wyche passed the house today nd was sent .to the senate. It ought 'o get through the senate easily this week. The Newberry delegation. has a bill for more efficient system of working and improving the ferries and build ing bridges and roads in Newberry yony It earries a one ndll tax. The lien law has not yet been con idered in the senate. An attempt was made on Saturday to have it made . special order, but the senate refus 'd to make any special orders. Senator Otts, 1who has been regard ed as the leader of State-wvide prohi bition in tihe senate, has in.t-roduced a bill to refer the question to an elee ion to be held in August of this 'ear. Some look upon that as an ad 'is,ion that there is no chance for he State-wide prohibition law by this leilature. The situartion on the li quor question is interesting a.t this time and the probability is that if anything at all is done the referen dum will be adopted. Mr. Raeker's bill to require eities and towns to permit lunches to be furnished on Sunday was killed. It :eems that there ar.e certain towns 'long the Southern railroad between Clumbia and Greenville which have ordinances forbidding the selling of lunbes on Sundar and as there is no dinner house between Greenville and Columbia, passengers have either to take their lunchew with them or do without until they reach Columbia, that is. those passengers who travel :m Sunday. THE LIQUOR FIGHT. First Gun Fired Saturday on Bill Im posing $3,000 License on Liquor Drummers. Columbia, February 6.-The first gn f the prohibition fight was today fired in the State senate. Upon Sen ator Appelt's bill .to impose a license of $5,000 upon liquor drummers in each county where they solicit orders, the discussion assumed wide propor tions, reaching out to the other prohi bition questions before the legislature this year. With barely a quorum present, Senator Clifton, of Sumter, held the floor for nearly two !-.mrs, speaking first upon the question of striking out the enacting words of the bill and then upon the question to in definitely postpone. All sorts of par liamentary questions arose, but noth ing could take the senator off his feet according to the rulas of the senate, and having spoken twice upon the question to strike out the enacting words he then claimed and held the floor upon his motion to indefintely postpone the bill. Finally all the senators were get ting anxious, and debate was adjoarn ed until Monday at noon on this ques tion. Senator Clifton will than con tinue to speak upon the bill. Some of the senators were crying to get home and this motion to adjourn debate was passed after a similar motion a half hour before had failed. The prohibi tion leader, Senator Otts, of Chero kee, had stated at that time that he was willing to stay here until the shades of night had fallen if the sen ator from Sumter still continued to hold :the floor and speak on the bill. The question of quorum came up and the roll-call was had, but there was barely a quorum present, and, of course, the senator from Sumter pro ceeded with his remarks under parlia mentary ruling. Resort to Filibustering. Many of the senators recalled the days of the senator from Newberry, who on occasions would hold the floor just as the senator from- Sumter did today. They used to eall it "filibus tering," and even today the action of the senator from Sumter was constru ed as such by the prohibitionists in the senate. When the senate got down to work today there was a rush of motions to make special orders of certain import ant bills upon the Calendar. This seemingly minor matter developed in to a preliminary fight to keep the pro hibtion measures from being made special orders, and today the same succeeded. After two of these bills had been made special orders, and also the lien law repeal bill, all -special or ders were discharged upon a motion of senator Hardin. This left the bills in their regular order upon the Calen dar, and they will come up regularly in the senate unless a special order, or several special orders, are made during the coming week, which may be done. However, it could be seen from the fight today in the senate that every effort will be made to keep the prohibition and other measures from being made special orders. License Whiskey Drummers. The casus belli today was Senator Appelt 's bill to provide for the licen sing at $;5,000 in each county of the State for the conducting of the busi ness of soliciting whiskey orders. Senator Appelt explained the pro visions of his bill. Under the present law whiskey drummers can come in and solicit orders and are not licensed. However, they cannot sell the whiskey in this State nor can they deliver the goods here. Senator Otts stated that the lawv is in conformity with United States court decisions, and this mueasure pass ed the senate last year, bu.t was lcost in the house. Senator Carlisle re maked that 'this bill onzht to sit the prohibitionists because it would tend to prohibit .to some cxtent the sle of whiskey and should also ap peal to the dispensaryites. Then Senator Clifton arose and moved to strike out the enactinag words of the bill and proceeded to speak thereupon. He claimed rhat the bill was in violation of !he Urut ed States Inter-State commerce law. Also that a State cannot put a pro hibitorv license upon an article whi.ch is admitted to be a legitimate article of traffic and sale. S.enator Westoia exnlained that the UnitedI States courts held that a license could be put, bu.t not one that would prohiibit the sale of the article. Senator Clifton warmed up on the (oetion of prohihtion. "'If thet e is to be State-wide prohibition.'' said. Mr. Clifton, "why. start now by liemwing mn to sell liquor in this State. when this very .thing will flood the State with liquor if the prohibition bill were passed." He argued also that the bill is unconstitutional in that it is practically prohibitory. Also that the bill would deprive the counties now having whiskey of certain profits, as whiskey houses would combine and pay the licenses for the various coun ties, and then they could charge -each county higher prices by .this combina tion by dividing the sale of the whis key among the wet counties. Senator Otts claimed that the bill is aecording to the findings of the United States supreme court and is constitutional. It gives, he said, no one man more right than another to sell. Senator Kelley asked Mr. Otts if he would agree to a $50,000 license, this question being .to show that if prohibition was wanted the license should be so made. Senator Ott3 stated that in such a case the bill would not be constitutional, and would, ;therefore, be null and void. Senator Otts Speaks. Senator Otts widened out a bit up on the prohibition question, which this bill naturally touched somewhat, or had been made to touch-, by the dis cussion thereon. A motion to adjourn debate having failed, Senator Clifton, having lost possession of the right to further dis cuss the bill, moved to indefinitely postpone, and this gave him the right to speak further on this new pending motion. Senator Clifton characterized Mr. Otts, the prohibition 'leader, as one who had changed first from State dis pensary to local option, or "spotted dispensaryite," to prohibiton. Sena tor Clifton's remarks, while in a light vein, at times carried some touch of sarcasm with them. He was follow ed, at least during the first half-hour of his speech, with the closest atten tion on the part of the senators and those in the galleries and on the floor of the senate. He argued that it would be inconsistent to stand for prohibi tion and then to vote to license the sale of whiskey, as the bill under dis cussion proposed to do. Senator Otts stated that there was some intimation of filibustering, but that "we will sit here as long as they can talk. I will be willing to stay here the balance of the evening to hear the senator from Sumter." Senator Clifton proceeded to speak upon the bill, pointing out that the bill prohibits what iit purports to li ense. Senator Clifton reviewed some of his former remarks on the prohibition question, and also touched upon other phases of the bill under discussion. It need not be stated here that the sen ator from Sumiter is opposed to the prohibition measures because his re marks on the floor of the senate tell this in plain words. Mr. Clifton's speech was very much enjoyed by some of the senators. He is a good speaker and his remarks. teem with wit throughout. But he will have his say on questions in the senate, and today's proceedings were somewhat of a victory for him, be ause when the senate meets Monday he will still have the floor and will speak upon this question. CENTRAL METHODIST CHURCH. Rev. 3. W. Wolling, D. D., Pastor. Another Sunday of worship and of praise at Central brought together a large congregation. The subject pre sented by Dr. Wolling was "True happiness,'' basing his thoughts on the words of Christ, "In me je shall have peace; in the world ye shall have tribulation.'' The holy communion was par.taken of by a large namhv'. and after +he services the pastor went to the home of Capt. Fair, where the communion was adminstered to Mrs. S. L. Garlington, who because of age could not be present in the church, and to others present and then to Mrs. Willie Ruff at her home. The Sunday school was well at tended and the class exercises were very interesting. About ze'nn d lars were offered for th~ P'wa orphanage. At night :anebier f 1 congregation assembled *"~. was inspiring, Mrs. Willi ~ . siding at the piano and M leading with the cornet. T e ii - course was a continuation of the s"i' jet of the morning and listened to with the utmost attention. OrrICES IN DISPUTE. County Auditor Werts Refused to Give Up Office to Probate Judge -Matter In Court. As a result of the recent decision of the county board of commission ers to give the probate judge the office now occupied by the auditor, assign ing the auditor to the office in the rear of the office now occupied by him, and County Auditor E. S. Werts' refusal to move or to allow the sup ervisor .to enter his office to move him, the matter is now in the courts, Chief Justice Pope having issued an order temporarily enjoining County Supervisor L. I. Feagle and Probate Judge F. M. Schumpert from inter fering with County Auditor Werts' use and occupancy of the office until the matter can be heard by the su preme court, the supervisor and pro bate judge being cited to show cause before the supreme court in Columbia on April 20 why the temporary in junction should not be made perman ent. In the erection of .the new court :house the small office in the rear, at the southeast corner-the office which nobody seems to 'want-was built for the auditor. Before the fin al assignment of offices by the com mission, however, it was decided that this office was not suitable for the auditor, and it was assigned to the probate judge, the vault purchased for the probate judge being placed therein. The auditor was assigned to the office now occupied by Auditor Werts. This assignment was made.last fall and all the officers moved except Pro bate Judge Schumpert. Mr. Schum pert refused to move and remained in his office in the old court house, contending that the office assigned to him in the new court house was in every way unsuitable for an office for the probate judge. The matter was agitated at that time, and the following petition was circulated by Probate Judge Schumpert: " To J. M. Wicker, Supervisor: We, the undersigned citizens, realizing that the space in the office and vault as at present provided for the probate judge is totally inadequate for the preservation of papers and -records now deposited in the probate's office, with those that will accumulate in the future, and for the transaction of the business connected with said office, -together with the insufficiency of light and other facilities necessary for :the custodian and others to ex amine papers deposit.ed therein, do hereby respectfully petition that the office originally prepared and design ed for said officer may be occupied by him. This petition was signed by Messrs. J. B. Hunter, I. H. Hunt, W. H. Hunt, Cole. L. Blease, Fred H. Dominick, G. G. Sale, E. S. Blease, Lambert W. Jones, George Johnstone, H. C. Hol loway, 0. L. Schumpert, J. F. J. Cald well, W. H. Wendt, Thos. J. Wilson, L. I. Feagle, and L. C. Livingston. No action was taken by Supervisor Wicker or his board, and County Au ditor W. W. Cromer, who was then auditor, retained his office,.and Pro bate Judge Schumnpert reftgsed to move from his office in the old court bo:ise. That was the statris when Au ditor Wert::, who succeeded Auditor omner. un'lt into) office on January f. and 'e took possess:on of the :1 oWe which .had been occupied SAuditor "romer. In Jo e a new supervisor and a ew hw)rd V( f county comumissioners ~ne in "a-e. and at their meeting ! Lst S:K'rda. a week ago they de ded to e Probate Judge Schum .t t:!e occuipied bs- Anditor erte-nd -igned to Auditor Werts the smnall offic~e in rear of his present 'Tite, as sf: 'ted above. Commissioner 1'. L. Leitzsey vo ted against the change. Count- A"ditor Werts was notified ~t'is de *m *of the eo et 'oird, t 4~ d been deeided up . n.oving his hooks enough for his boloks without the vault, and not large enough for the proper transaction of his official. du ties. County Supervisor Feagle took the chain gang to the court -house on Fri day afternoon for the purpose of moving the auditor's books and fix tures, but foind the doors locked, nor could an entrance'be effected with the duplicate keys held by the supervisor. Auditor Werts and his attorney, Mr. Blease, were in the office and admis sion to the office was denied. Such was the situation throughout Friday afternoon, and on Saturday morning a temporary injunction was secured from- Chief Justice Pope di rected against the supervisor and pro -bate judge, which will hold the mat ter in statu quo until it is heard by the supreme court on April 20. It is believed, however, that some conclusion of the matter can be reach ed without the necessity of going be fore the supreme court. The supervisor and county commis sioners are Tepresented in the matter by Mr. H. C. Holloway, attorney f4% the board. The temporary' injunction was granted by Chief Justice Pope upon the showing made in a petition from Auditor Werts, presented by his at torneys at an early hour on Saturday morning. The Petition. Following is .the petition upon which the temporary injunction of Chief Justice Pope was granted: STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. COURT OF COMMON PLEAS. Eugene S. Werts, as County Audi tor of Newberry County, Plaintiff, V. L. I. Feagle, as County Supervisor, and Frank M. Schumpart, as Judge of Probate of Newberry County, De fendants. COMPLAINT FOR INJUNCTION. The plaintiff above named coM plaining of the defendants would rer spectfully show to the court. -1st. That on the 16th day of Janu arY, 1909, the said Eugene S. Werts was duly appointed and commission ed to the office of county auditor of Newberry county, and that he entered upon the duties of the said office on the 18th day of January, 1909, sue ceeding therein William W. Crome', formerly county auditor of Newberry county, and that the said plaintiff has ontinuously since the said 18th day of January, 1909, been discharging and is now discharging the duties of the said office. 2nd. That L. I. Feagle is the duly .ommissioned and qualifi-ed county supervisor of Newberry county, and that Frank M. Schumpert is the duly commissioned and qualified judge of probate of Newberry county. 3rd. That as the plaintiff is in formed, believes, and alleges, during the year 1908, the present court house for Newberry county was com pleted and that the commission charg ed with the erection thereof assigned and set apart for the use of the coun ty auditor of Newberry county one of the offices therein, situate on the southern side of the said building, and opposite on one side .thereof to the office assigned 'and set apart for the ue of the clerk of the court of said county, and on another side thereof to the office assigned and sat apart for the use of .the county treasurer of the said county, and that the prede essor of this plaintiff in the office f county auditor of Newberry coun t 'n t. e discharge of his duties as * hi - anty auditor, took possession f re offtee or room he.reinbefore de r~bed :and continued to use and oc .,p lte same until the expiration of his term of office and that the said W. W. Cromer, as county auditor afre:eid, had the consent, approval nd authority of the county board of comisioners of Newberry county to ise '-nd occupy the said office or room. 4th. That when this plaintiff en e,1 *'an the duties as county audi r f Newberry county. the use, oe d possession of the afore -or ofmee, was turned over is 1j said predecessor in the - - -etogether with the books, - ners, furnishings and tereof. and that this ww. -nd continuously d 18th day of January, -been in possession of the ai ,.oom or offie discharging the.