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VOL XLVI NO, 14 NEWBERRY2 S. .. TLSDAY. FE13UARY 17 909. TWICE A WEEK. $1.50 A YEAR LAST WEEK OF THE GENERAL ASSEMBLY A FILIBUSTER IS ON IN BOTH HOUSES. Prohibitionists Trying to Force a Vote on Their Measures-Very Little Accomplished so Far. Columbia, Feb. 15.-Saturday is the fortieth day of the legislative ses sion, and in all probability the gener al assembly will adjourn some time Satuirday. Some of the members think thait adjournment -will be reach ed sore time late Friday night. There have beei threats from the State wide prohibitivnists that they were 'goi.ng to keep the legislature in ses sion indefinitelv unless a vote were reached on the prohibition bills, but those who have watched ithe sessions of the legislature for a number of years have no idea that the present session will go beyond the forty days. There is no limit to the session, and, as a matter of fact, there was no limit last year, except as to the pay. This year the members' receive $200 each for the session, whatever . its length. Last year and during previous years they recei'ved four dollars per day for -not exceading forty days. They could adjourn as soon after they -met as it was possible -for them to do so, and reegive fouir dollars per dAy each for the days they were in ses sion, or they could run beyond the forty days, their pay, however, stop ping at the end of the fo~rty days. An adjournment was always r6a;ehiad by the fortieth day. The members right ly. took the view that the State could not expect them ito stay in session -without compensation. There is no special reason for adjourning on the fortiebh day this year, but tbat has been.the eastom, and an adjournment is looked for, as stated, on Saturday. Little Accomplished so Far. The legislature has accomplished very tittle so far, and peraps it is just as well. Twenty-two acts have been ratified, twenty-one of which are purely local measures. The only Act of general interest which has been iatified is the bill introduced by Senator Jdhnh n, ty f Fairfield, ex empting beneficiary students in State institutions from 'the obligation to teaeh provided they are appointed to positions ini the government service. (The titles of all the Acts which have been ratified . are published on the second page of this issue of The Herald and News.) The Appropriation Bill. The general appropriation bill has pass'ed the.house, and -is now in the senate. The bill enrries an expendi tur'e of $1,592.686.30. The house re fas~ed to include in tihe appropriation bill an item of $12,000 for- the sup port of 'the Confederate Home, which has recently been completed and is now ready for occupancy, 'but inc'reas ed the appr-opriation for pensions from -$250,000 to .$262,000. The house included an item for $50.000 for tile purchase of sc-hool books for use in the public seihoo)- of t-he State. The --proposition to m1a.ke this appr-opria ition was introduced by Mr. Doar, The sum of $50,000 is appr-opiated "for th:e prpose af providi.ng free school hooks ,to the deserv-ing children of the State -attending frie-e public schools." The question of who ar'e dleserving children is to be determined by the trustees of ea-eh school distrriet, and the arnomlb is to be apportioned among tihe counties of tihe State ae cording to the enrolment of e&hildren in free public schools. Prohibition Measures. The prohibtionis.ts :have not b)een able to foree a vote in either- .house on t-he prohibition measures. The op ponenns of the measures have been filibustering, and the prohibi.tion ists 4have also been filibustering to force their bills. The prohi-bitionists have been seeking i.n the senate to get their bills made special orders, but the senl ate refused to make any special or ders. In ithe house ther-e 'h.ave beenl some spirited debates on the pr-ohibi tion measures. On a motion to bIy on the table a motion to strike (out t-he enaeting wr-ds of the proshibition bill the 'house laid the m'otihon to kill the bill on .the table by a vote of 63 to 54. 'This, of course, was a negative Sote, a-t.wile the house ,refused tc kill tiet- bill. ihis dcz not m1edicate tha.t o1 a mtioniII to pass Ihe bill the prohibitionists w1ould 1hae the same muajority. Neitier side seems to be sure of its 'poSitio. With ilatters so uisettled, any pre di(tion as !to wiat vill be doie with the proiibition measures this week would be very unsafe. The prohibi tionists. as has been sta:ted in The Hera-ld and News, ihave bills provid ing for State-wide prohibition, and also measures referring the question to the people in -an electioi to be iheld this summer. Dispensary Investigation. There have been some spirited de bates in 'the senate on the bill, wli-ich was published.in full in the last issue of The Herald and News, to investi gate the cou-nty dispensaries. It is felt in some qnarters that the bill is aimed diretly 'at Charleston. An amendment will be proposed .to this bill .to investigate dispensaries only in Those counties whih petition the governor for an invest.igation. Whiskey Drummers' Bill. In connectian with a review of the prohibition fight and the liquor fight in 'the general assembly, it may be mentioned again, as ihas been stated in The Herald and News, that Senator Appelt's liquor dr6mmer bill passed the senate, but so changed that it, was ai enitirely different bill when it gat thirouh-so mu.h so that - the author of the measure himself voted against it. Mr. Appelt's bill provided a license of .$5,000 per year in each county for soliciting whiskey orders. The bil.l as finally passed was simply an amendment by Senator Clifton making it a misdemeanor for whiskey drummers to solicit orders in this State. Asylum Investigation. Senator Ohristensen's bill to pro vide for an investigation of the State Hospital for the Insane has created a great deal of discussion in the senate. The ;ill as introduced provides for .the 1holding of secret sessions, and this provisioii was violently opposed by some of the s-enators, but the senl ate refused to s.trike it out. This por tion of the bill was amended, how ever, so as to allow the commission to give ou:t what it might deem wise. T-he bill is still in the senate. Timmigration Department. The Weston bill changing the de ,partment of agriculture, coihmerce and immigration to .the department of 'agrieuiture, commerce and indus tries 'has passed the senate. A meas uvre along similar lines 'has passed the hpuse, and ithe result of the session will be tha.t tahe imm.igration feature will be stricken from the duties of <the .commissioner. The Lien Law. On account of thie refusal of the senate to make any bills special or ders, the bill to repeal the lien law re mains in its place on ite calendar, and cann]ot be t.aken up until it. is reached in regular order. Portraits Presented. Governor Ansel last week sent to the g'eneral asemrbly, with appro priate messageg, a p)ortr'ait of Gen. James Connor, 'presented by his wvid ow; a portrai:t of Gov. W. H. Ellerbe, p:'esented by his relatives and friends; a portrait of Gov. M. L. BG ihamn,' preented by his family; and a por trait of G3ov. P. M. Butler. presented by 'his family. Successor to Judge Hydrick. IJudgre D. E. Hydriek, who has been elected associate justice of the su p rme court, has tendered his resig n-ation, o: 'ta-ke effect on April 15. His term~ expires in December. It will be netes:ar to d.JOOSe a suecessor for the unexp1.ired term and also for the term be.2innring in December. Solici tor Thos. S. Sease, of S.parta.nburg, seems to be the le:ading candidat-e for the position. Important Measures. T'he News and Cmarier of this morning says: As dt'e session of the legislature is drawi*ng to a close there will be some disposition of most important meas ures on .the Calendairs. In the senate the effort to have the following bill's made special orders nlaces them in the list of very import nt measures of AScte-wide interest: Senator Earle's oil inspection bill. The :'ente: of the lien laiw measure jtr,dn1e I i-n the senate by Senator Mr. (ir.an 'srailranad rate bill. .\lt. Olis Silte-wide proiition bill. Mr. W tts 's refer id1m11 measure. i M r. Lide's refer l'.(111111 bill. Mr. Carlisle ' bill ti) pr.1hibit wo ieH1( alltI tclild':'ell itlIi' tlle ages o I1 Xeni fromn vorking ill e)tton and Woollen mills bet weeii t'he hour of 7 I. im. and t1he hour of 6 a. mi. Mr. Clifton's bill to allow Certain widows. above 65 years of age, to pa rticipa'te in the pension fund. Mr. Bass's bill to provide for a fish and game commissio. Mr. Bass's bill to provide for the protectio1 of game. fish and animals and to provide for a close season. Mr. Bass's bill ito provide for a. Ii ense for hunters. Mr. Bass's bill to provide for the lwotection of game fish in the State and to irepeal certain laws relating .tthereto. Mr. Ba Ws's bill'to repeal the Act re lating ito prohibiting the destruction of fox in certain counties of the State. These last five bills are the Andu bon Soeiety measures. TRie Cha':leston county referendum measure, which will be amended by Mr. Sinkler so as to provide for tie election to be held in Charleston. as to whether liquor zhall be sold or not, nd, if sold, whether at high license o-r in dispensaries. -Mr. Otts's bill to declare the sale of whiskey a nuisance. The following bills, which ave iiow on second reading. a.re also of general interest: M.r. Croft: A resolution to amend ithe constitution relating to asskciate justices. Mr. Croft's resolatiorn is to submit to a vote of the people (as constitutional amendment) whether or not the number of associate jus tices shall be increased to four. This resolution had failed three or fou'r times to secure in ithe senate the nee essarv two-thirds vote. Btu upon re consideration the resolution is yet on the Calendair. Mr. Croft savs that when the senators are all in their seats there will be secuired the neces sary two-thirds. Mr. Graydon: Relaiting to public nuisances and t1he abatement "-ereof. This appertains to the serving of in junctions in whiskey cases. Mr. Laney: To furtfher regulate the running of motor vehicles in the State. This bill has an unfavorable report.- - Mr. Sin,kler: To regulate the admnis sion of -lawyers lto practice. Mr. Wharton: To exempt cuiral free delivery cearriers from liability to road duty. Unfavorable report. Mr. Orosson: To make it a mis demeanor to spit upon the floors of passenger coaches and cars. Unfarv orable report. Mr. Wharton zfietaoienifwyep4a i Mr. Weston: To provide f>r the re gulation and -control of fraternal benefit orders.. Mr. Weston: To provide for the organization and regulartioun of mu tual p)roteetionl associations. Mr. Weston: To require all liisur anee companies doing business in South Carolina to secure their po!''y holders. Mr. Weston: A bill in refereree to thie insurance department of this State. Mr'. HuhToprovide for: a li eense of 1 cent a gzallon on liquot. dis-. tilled in this State. Unfavorable rei port. The prohibitioni bills. There are a number of other bills of more or less general interest. VERDICT OF $16,C000. Lexington Jury Awards John W. Ross Heavy Damages for Per sonal Injuries. The St:ate. Lexington. Feb. 13.-One of the largest verdicts ever rendered against a railroad in t:his State for only 'per sonal inju-ries was awarded John W. Ross of d'olumbia by a Lexington jury yesterda::, the amount being $16,000. This gias been one of the 'hardest fouht -cases ever' tried in Lexin.gton, andl ir consumed more tihan three days. Ross was ,represented by E. J. Best, assisted ,by W. Boyd Evans and Lawson D. Melton, of Columbia, and Messrs. Efird & D)rether and Gra.ham & Sturkie of the local bar. Messrs. E. M. Thompson and WV. H. Sharpe .jSs. it will be I-evalled. w-a4 in tie _HHi,y )l% t t 11, SouithIIer'i as ea r re p .aire at le C im1e of the a<eidelit. Sep-ember 1. 1907. iii the Blanding sI'reet vardls in CIluIbia. He was van gh it beneath the cars and badly iIIjUxevd. The riailr-oa-d put up ti-e plea that Ross contributed to :his own in jnry by refusing to obey the rules of the comipainy requiring all workmen to put up a blue flag before going beneath a c-ar. The d-efendanit's attorneys gave no tiee of a imiotion for a new trial, which will be -argaued within the next few days. COOPER CASE. Judicial Twelve Sworn in Noted Criminal Action-First Witness to Take Stand Today. NashvIille, Tenn., Feb. 13.-On .next Tuesday at 9 o'clock a. m. will be gin the t-rial of Col. Duncan B. Coop er, Robin J. Cooper and John D. Shar .charged with slaying Former Senator E. W. Carmack. After 20 days of wearisome jury drawing this decision was suddenly and somewhat unexpectedly reached this morning. When court adjourned yesterday the prosecution asked thait. the jury be not sworn -until the State had a chance to investigate cha-rges against two of the jurors. When court con vened this morning Aftorney General MeCarn simply said: "We are ready for the jury to be sworn, your -hon or." Repeating the oath after the clerk, the jurors then swor: "To well and truly try the issue joined between the Staite of Tennes see and the defendants." Then -each juror kissed the Book in turn. It was a solemn ceremony, solemnly per formed. The State next asked several days in which to gather its witnesses. The court suggested ithat the taking of testimony begin at 9 a. m. Tuesday, and counsel -agreed. Then court ad journed until Tuesday. In dirawing for the jury the law made those -incompetent who had tal-ked with a witness to the murder or italked with some one who had talked with the witniess. On the ap plication for bail the local papers printed stenographic rekorts of the testimony 'of witnesses. T,he supreme curt had :held that a .newspaper printting vrerbatim testimony beeomes a witness wh,o has talked to a wit ness. Thberefore every one in the county who read the -testimony be came ineompetent to 'sit xn thie case as juror. This eliminated at once the most intelligent citizens *of t-he coun Twelve Out of 3,019 Talesmen. As a 'result it was necessary to draw five venires of 500 names each and one of 5319. a total of 3,013, be fo're t-he jury was secured., Four of the jurors accepted can neither read no write and two others understand English only indifferently. All ex ept one of Ithe 12 swore he -had not rad a newspaper since before t.he killing, a'nd some had not readl one for 10 years; Bierman, the only excep tion, has been out of the State from the week before the killingr until the day he was summoned. Howz. tehe last man ehosen, was foreman of the ju-ry in the famous ox ease. Cox was charged wit.h ,the murder of a policeman. The jury found him gniilty of murder in the first degree but recommended to :nerey. Judge Hart refused to heed the recommendation and sentenced ox to death. Cox had powerful friends and the night before .he was t be executed some one slipped pois n inito -his cell and he committed sui :ide. Judge Anderson, chief counsel for the defense in the Cooper case. al jo defended Cox. The fact that An irson aecepted H'owz created no lit :le comment. The -completed jury. wit:h their ages md occupa;tions: E. M. Burke, carpenter, age 47; :ihert MePherson, farmer. age 49: . A. Lane, farmer, age 52; W. A. dicck, farmer, age 28; Ca'spherr Mtynp, farmer, age 41; J. H. Vaugh r. farmer. a'ze 49; S. M1. Hyde, far iner, age 55: G-us Knipfor. farmer, tre 52: F. 0. Bierman, r'eal estate. ige 42: J. A. Woodruff. farmer, age 5 Jco F. Ru tige farmr,age 49; \\lliam l n1wz, larmer. -age 35. The State has not yet decided up n ite in peniing the case lleXt T1esulai. Mrs. Eastman, rli. I was talking to Senator Carmack when lie was killv.e, probably will be the firs. wit-iless. The att-ornevs for th,? pYroseCLutionu expect :to put in Sunday and Monday arranging tihe order of their witnesses. Tihe course of the de fense will depend .upon that- of the State. HALLEY'S COMET. Interesting Celestial Visitor Expect ed to Return In 1910. London Globe. Astronomers .all the world over are eagerly awaiting :tihe advent of Hal ley's eomet, which will be a beautiful object in -the sky during the spring and summer of 1910. The history of ,this comet- forms one of the romantie chapters in the records of astronomy, and is insepa-rably connected with the name of Edmuind Halley, :who occu pies a foremost place among the great English astronomers of the past. The grea;t comet of 1862; says the University Recorder, engaged Hal ley's -atitention for seve.ral years. He collected the records of various con spicuous comets which had previous ly been observed, and was struck by certain resemblances in appearance and rate of motion between the 1682 comet and a comet seen in 1707. An other record, by Appilan, of a fine comet in 1531 led Halley in 1703 to the conclusion that ithese were three successive appeamnees of one and the same comet and that this body is a member of the solar systetm, moving (like a planet) along an elliptifal path round -the sun once in about seventy six years, but in an opposite direetion t-o that of the planets and with a large orbit of much greaiter eccentricity. He predicted that the comet would next appear 'in 1757 or 1758. It at.u all,y appeared on Christmas day, 1758, and was closest to -the sun on March 12, 1759. Halley's comet .appeared last in 1835, land wa:s calrefullv observ ed by Sitr John Herschell. As it ap proaeh-ed ithe sua -its long spre?.ding tail. as well as its head (coma, aM inished in size, and it-he comet was les-s brilliant ithan 'in 1759. It is now well established ;that comets lose part of their substance at every -approach to) thie sun, owing to 'their th.rowving out long tails, 'and in ,the case of short period .comeits the time of peri-helion (i. e. of nearest approach 'to the sun) is ret.drded, by several hours .at each sucessive return. The tails appear to consist of minute particles :repelled from the sun-perhaps by .the light and .heat waves. Of all comets which 'have been ob served more than once., Halley 's has he largze.atr orbit and the longest peri od of revoltion--many comets 'have been seeni onee only, 'and in some eas~es the calcu'latiron, of the orbit gives a period of haundleds of -thousands of years. H alley 's comet has been re corded -twenty-five times, the earliest reliable record being for B. C., 11. Its alppe:lance in 1066 -is p)i'ontly reg itered in i:he Norman Chronicles as evidence of William's divine right to England, and it is d'epieted in the Payeux tapestry. Aceording to Prof. Wilson, the con itions at.tending~ its -nex~t visit will be similar to it'hose obtraining in 1066, .so that an unusnally fiine disp)lay is ex peted. At its furthest t'he comet is over 3,000.000,000 miles from 't-he sun, but 'it <wil'l aproach ito within 50,000, 000 miles-, a't presen-t ist is outside the obit of Jupiter. There is no doubt tiat, with the improved methods of petrophotograiph now at the dis l}sa'l of astronomers, a rieh harvest f observations will be reaped in 1910, which will clear up many dispuited oints concerning th'e constitution and riin of comets. Making It Pleasant for Him. 'hicago Tribune. "Gentlemen'' said the toastmas ter at ,the banquet, ''we have li.itened ' some excellemi orators t,his even m. and I am sure we .have en.joyed hieir efforts very mnuch. I 'have pur ;;elv kept 'ne of our best speakers .r tL kat, and after you'have hieand ii I know vou -will be glad to goI home. Gentlemen. I have the honor o present Mir. Ketehium A. Cummin, 7 .'imll now .addres von."' ELECTION FOR JUDGE OF 'lTH CIRCUIT TODAY SUCCESSOR TO JUDGE HYDRICK TO BE CHOSEN. Solicitor Thos. S. Sease and Mr. W. S. Hall Are The Candi dates. Special to TNg Herald and News. Columbia, Feb. 15.-The legislature has fixed tomorrow as the time for the election of a. judge of the sevenh circuit ito succeed Circuit Judge D. E. Hydrick, reeently elected associate justioe, whose resignation takes effect April 15. Solicitor Thos. S. Sease, of Spar tan-burg, :and Mr. W. S. Haill, of Gaff ney, are the only candidates so far, though others -have been spoken of. It is thought here today that Solici tor Sease will be elected. The filibuster against .prodihbition continued in the ihouse this morning. LAURENS YEGGMAN'S PAL. Robber, Caught in Jacksonville, Com rade of Yegg Killed in Laurens. Jacksonville, Fla., Feb. 14.-A pro fessional safeblower. giving his name as John Simpson of Curtain Bay, Baltimore, was atrested this morning at 3 o'clock, while in the act of blow ing the sarfe in the store of Oharles H. Burnett, in the heart of the business district. Policeman Ammons, in walking his beat, heard a noise in the store and finding the door unlocked creut in and was dilreetly over the safeblower before the latter was aware of his presence. Scattered about itibe yeggman on the floor were nitroglycerine, saws, ehisels, fuses, a revolver, and -all implements carried by professional burglars. The man of fered no iresistance. Simpson made a confession at po liee theadquarters, saying that he had been operating for some time in Jack sonville, and was a pal of Charley Silas. :the yeggman who was killed by the polieeman at Laurens, 5. C. Simp son said he would -have killed the po .icemaa this morning, bu he tiought th,ere w..s more than one of them. STONES THAT ARE SEm-PRE CIOUS. Jewels Now Much Worn Are Valued for Their Symbolism. Onlty t:hree caut of tihe group of twelve stones whieh St. John describ es as garnishing the jasper walls of the heavenly Jerusalem are now classed as preeigus-the sapphire, the emerald and the topaz. In the twen ty-first chapter of the Bock of Reve lations he speaks of jasper, sapphire, !aona:. n.d. s.ardonvx. sar dius. ehrysolite. beryl, top)az. ehryso prasus. jacinthi, amethyst. These are still used but some under other names. The beryi is now known as the aquamarine. It symbolizes happiness and everlasting youth. The topaz of the ancients was our peridot. It sym bolizes frienship and 'happiness. Chrysoprasus, an ornamental stone. is of a fine apple-green color, some times spotted with brown. Jacinth. also known as hyacinth, is a beautiful hard and( brilliant gem of the mineral zircon. It symbolizes modesty. Amethyst is a variety of quartz of violet color. The ancients imagined it .to possess the power of preventing intoxication.--The March New Idea Woman 's Magazine. Mount:ain ideas on the general sub jeet of killing are peculiar, and one hears odd :things sa:id by the mountair~ men who eome ,to Frankfort. One of them was5 here the ot'her day to see about getting a parole for one of his relatives who was in prison land was teling about the killing of a man. " Djid t!hey indiut you for murder ?'' was asked. ''Oh, no,'' said the man, "'I shot -ig'ht there on -the spot.'' "Well, but sometimes they indict a nan for murder even :if he did shoot i man right t'here on the spot.'" said he Frankfort man. "No,'' replied ithe mountain visitor, 'I hothimright there on the spot. [did not lay behind a log and shoot