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; ?{y'r -.jjf " ?? ~~ TWICE A WEEK, $L&0 A TEAS, T~7 DEWBERRY, S. C., FRIDAY, MAY 30, 1913. VOLUME LI., 5UMBER 43. . LAW SHOULD APPLY TO j MEN HIGHER UP ALSO t SCHOOL TRUSTEE A>' OFFICE, SAYS THE COURT. I Governor Blease Says Senators and | Others Should Also Come Within Law. Special to The Herald and News. Columbia, May 29.?That the position of school trustee is an office within the inhibition of the constitution of this State against holding two offices, j >?v.. punrama r<niirt in a IS ueciucu uy wv?. ? case handed down this week, and in an interview given out following the opinion, Governor Blease says those higher up than the parties in the little offices affected by the decision should surely be made to come within the law, if those in the little posi tions are to be held up as violators of the law. 'T'T-.rv Jnnieinn rtf fh O Slir>r??mG COUrt .V '' J. iic uCVMiUu VI r- _ is in a Cherokee county case, in which I the supreme court holds that Gover-1 nor Blease's appointees on the board ! of registration, the appointments having been made after the adjournment of the senate, were legal, and the appointments held until the next session of the senate. It will be recalled that there was a similar question in Newterry' last year. The governor's ap pointees, who were successful in the suit involving a question of salary, were represented by Assistant Attorney General Fred. H. Dominick. The question as to the position of school trustee arose in the case, as explained by the supreme court, as follows: "This section manifestly gave the governor the right to appoint when the senate was not in session, and his appointees could hojd under the appointment until it was confirmed by the senate, for the two years from the date of the appointment, or the holding terminated by the senate's failure to approve. This distinguishes this case from the magistrates' cases. The respondents had title to the office from the date of their appointment until the senate refsed to approve their appointment, except that the detente dant Settlemeyer forfeited his office r __ 1 on his acceptance of the office of commissioner of election. The defendant ' Hoke forfeited his office of trustee f trustee of Blacksburg school district) "but was eligible to the office of supervisor of registration. The right to compensation follows the title to of- [ lice and it is ordered that the warrants do issue according to the time the defendants held the office.*' Governor Blease On The Opinion. Discussing the opinion, with regard to the holding of two offices, Governor Blease said: "The supreme court in its decision raoriotrj) Hr>Tl in tne uneruKre wuuy "board matter simply upholds a contention which I have been making all along and fighting for. I have at different times called the legislature's attention to the fact that those higher - up were openly and flagrantly violat ~ Ing the law and nothing was being done, while the man lower down was checked up and made to suffer on every little pretext. And at the last . ! session of the general assembly, in Message No. 4$, I called attention to certain opinions of Attorney General Lyon in reference to this matter, and the supreme court yesterday but susg? tains the view I took, in reference to ^l^the law, but they go down into such small matters that it looks like ab - - M.S 1L ^ X. surdity sustaining my contention mat i those higher up were allowed to es- j cape while those lower down were made to suffer. Everybody knows that the trusteeship of a little country school has neither honor nor profit; everybody knows that the position of commissioner of election has neither honor nor profit, and that the f ? position of supervisor of registration does not carry any honor to speak of, * and mighty little profit. Yet this de- I cision of the supreme court positive- ! lv states that one who accepts the of- j fice of supervisor of registration vacates his position as school trustee, further holds that one who accepts the position of commissioner of election vacates his position of supervisor of registration, .-Mid then when the i same party accepts a position as regent of the Asylum he again forfeits the position of commisrioner of election?and certainly there is no profit and very little honor in the position of regent of the Asylum. ~ nl nn wKT f A KA eoan Kr fViiO /ID. X (. ii> tlCOl 1JI LU Ottll KIJ tuio cision that these little, insignificant, trifling positions are dragged into court and decisions demanded upon them, while we have, in the very face of it, as I called attention to in Message No. 49, men higher up violating ?-- n ~je A O *V.^ I oguhui1 ? ujl aiuciv 4 v?j. liic ihu~ tion, which prohibits the holding of two offices at the same time, and which provision applies to all offices, and, ' more specifically, Section 24 of Article 3 of the Constitution, which says no j person shall be eligible to a seat'in . the general assembly while he holds i any office or position of profit or; trust under this State, the United j States of America, or any of them, j and provides further if any member i shall accept or exercise any of the | said disqualifying offices or positions | he shall vacate his seat. We have ' also another provision of our statutory law, which I also called the attention of the general assembly to, which says that none of these officers shall serve without commissions, and makes it an indictable offense so to r? a uv* "Yet these poor, insignificant positions of supervisor of registration, school trustee, commissioner of election and regent of the State Hospital for the Insane are dragged into the courts and the parties holding them? good, true citizens of our State?are held up as law-breakers, while a United States senator sits in his seat and hnlrtc nnsitinns as trustee of two of the greatest State institutions in South Carolina, and is praised for his violation of the law; while a United States Judge holds his seat?certainly a position of honor and profit under the United States government?and also a position under the State government, and is praised for his violation of the law; ana while a State senator Viio on/1 alcrk the p.hairman ship of the board'of trustees of one of the biggest educational institutions in the State?and he is a mighty (?) senator, and praised for his violation the law. There are other instances I could mention of just such flagrant violations of the law by men who ape t-: _T ? fViotr ore ffreat 'hnnflT* Ill gut; I up?U U L LLLK,J mv, gtvuv, ? W ~ I ed, law-abiding citizens, while the poor little fellow who holds the position of supervisor of registration, and is doing the best be can, in his humble way, to serve his State, by keeping negroes and others who are undesir? inlrinn nVl o Tera nf r?ll r envprn dLUlV 11 Ulli uxiui v*. vwi 0v . ment, even sometimes having to make out he has to step asid-e or is sick, to keep from registering some negro that is qualified to register?he must be jerked into court and held up in ridicule as trying to steal a salary. "The supreme court decision yesterday makes plain the law, but I will guarantee you will see no decisions coming down as to any of these people higher up, and I further guarantee you will see no legal steps taken against them in any court like the steps taken 1 in these little minor cases. "But so long as I am governor ui | South Carolina, and so long as the I courts convict the little man and let I the big one loose, I propose to pardon j the little man, as I have been doing. T ~coo that thp lawc are j JL (1 ill swuiu | enforced equally among all mankind, and so long as the officers of the law sit and wink at the man higher up i violating the law, and try to make a scapegoat out of the 4ittle man, I propose as governor to see that the right prevails and that the little man is not made to suffer when the big man escapes. Hence, when the paroles and pardons roll forth, there is no necessity of howling, for it simply means howl next day, for there will be more forthcoming. We want equal protection of the law; we want every man to have I a fair, square showing, and it is not right to make scapegoats out of the ' ??.J 1 rv4- +Vl APA poor, humble citizens anu ici lilUOC I in the high places violate the law with impunity. And if those higher up had the proper regard for their oaths they would resign one position or the other, I but I have long since learned that the ' perjurers are not confined to the huni: bier element of our citiz nship." OFFICERS BRING BODY OF AUSTIN NEGRO DIES 0> BOAT TAKING HIM TO BLUFFTO>. With Body in Automobile Hampton And Barnwell Men Leave For Ridgeland. Ridegland, May 2*.?Only the body of Richard Heni?y Austin has been , brought to South Carolina. The negro who kiFed three men and is said to have com tr'tted other outrages did no1: set ioot on South Carolina soil after being wounded in the Georgia < cwamn hv a nnssp that had been on VJ ?. his trail for weeks. Officers with the wounded negro in charge left Savannah on the steamboat Attaouin this afternoon. The negro d'ei on the Attaquin about 4 o'clock, just before the vessel reached Rluffron. On ihe landiLg of the boat the officers se?"ied an automobile and left . Bluffton in the machine, taking the negro's body with them. They are , pressing on to Ridgeland, where the hight will be spent The destination of the party is Allendale. The course of the officers in taking the body with them in the car excites " ' * ' 1X * curit: lty, DUl 11 is suyyuacu uuac men purpose is to move it quickly and under guard, in an effort to prevent violence along the route. t Newington, Ga., May 27.?Richard Henry Austin, slayer of Dr. S. C. ? ? J 4 " " ? - i t Moore, Magistrate niaenneia ana viuwi Bowers, was captured at dwsk tonight near the residence of Mr. Marvin Giles, seven miles above Newington. The negro did not surrender without resistance and was shot down by a member of the posse making the arrest, which was headed by Sheriff Morris, of Barnweil county, South Carolina. Tonight he lies desperately wounded and his life is despaired of. I For days Austin has been skulking J in the SavanDah river swamp, fed and aided by members of his own race. For several days past the relentless hand of the law has been in rm him slowlv but surely, V/lV/OXiL^ AAA VAA - ? until it became but a question of time before the black found himself a prisoner of the representatives of that government he has defied and whose officers he has shot down. This morning Austin was seen to skulk up the river and the vigilant posse soon was in pursuit. Austin formerly worked for Mr. Giles, and it is thought he went that way, being in hopes of obtaining food or shelter: Familiar with the ground he evaded his pursuers all day, but at dusk Sheriff Morris and a member of the posse came suddenly upon their man. A gun spoke and Austin dropped. The long chase was ended. Austin will be taken to Savannah in the morning. Austin was shot three times, in the breast and stomach. His condition is desperate, but Sheriff Morris, of Barnwell county, South Carolina, hopes to land his man safely on South Carolina soil alive. | Austin was shot by Sheriff Morris and Officer Stavender, of the Hampton posse. Knowing* the desperate character of their man, Sheriff Morris and officer Stavender took no chances and opened fire on him as soon as he came in sight. He was shot in the road as he was approaching Mr. Giles's house. Clilef Harter Tells of Man Hunt aiionrinia May 27.?Chief of Police i.AliV*.V*U,.V, " * " ? J. B. Hart-er returned this afternoon from the scene of the man-hunt in Screven county Ga., and said the hunt for Richard Henry Austin, led by Sheriffs Morris, of Barnwell, and Lightsey, of Hampton, was still in progress. Chief Harter says the report in the evening papers to the effect that Austin had been killed, was given out as a "joke" Dy one 01 tae pusse returning by way of Augusta. According to Chief Harter, the dogs were still trailing the negro at 9 o'clock this morning at a point about two miles from the bay, where he has been hiding for the past several days; the trial was leading in the direction of Hudson Ferry, on the Savannah river. (CONTINUED ON PAGE 5.) | PROSPERITY MANIFESTS THE SCHOOL SPIRIT EVERY 0>E INTERESTED I> EDUCATION OF THE CHILDREN. Fine School?Excellent Closing Ex? erclses?Improvement to be Made Another Year. Prosperity. May 29.?Rounding out the most successful year in 'its his tory the Prosperity High school closed the 1912-1913 session Wednesday night, when fourteen young graduates received their diplomas. 1 On Monday evening the program for the boys declamation contest for the Hunt medal was as follows: Music. Invocation. "The Deathbed of Benedict Arnold." ?Leslie Singley. "Retributive Justice.5?Elmer Long. "The Dignity of Labor."?Ernest Counts. Music. "The Social Franekenstein."?Henry Quattlebaum. "After Us the Deluge."?Arthur Derrick. Decision of judges. Music. Awarding of medal. The medal was won bv Henrv Quat tlebaum. On Tuesday morning State Superintendent of Education J. E. Swearingen's address consisted largely of a historical sketch of the advancement of education and its practical application pvArvriav usage! the imt?or tance of the fact that an education is in the reach Of every boy and girl who seeks it. Superintendent Swearingen's address was couched in beautiful language and was full of inspiration, enthusiasm and hope. Th-e girls contest oA Tuesday evening was one of the best contests which has ever befn held in Prosperity high A/rico Parn Wvohf* oant.iirfid o^iiv/vyx. *ii.iuo VM* \/ i ? ^ v ?v ??.? f.? the medal with honorable mention to Miss Susan Quattl-ebaum. The program was as follows: Music. Invocation. "Mary Elizabeth."?Miss Corrie Long. "How La Rue's Stakes Were Lost." ?Miss Caro Wyche. iviuani "Brier Rose."?Miss Susan Quattlebaum. "Nydia's Sacrifice."?(Miss Maude Harmon. Decision of judges. Music. Awarding of medal. On Wednesday evening the class ex ercises were carried out without a flaw. The following program was rendered: Music. Invocation. Salutatory?Annette Long. Class History?Byrd Gibson. Music. i Essay?Myrtle Harmon. Thanatopsis?Willie Mc Lester. Music. Class Will?Otto Koon. Class Prophecy?Marie Kohn. Music. Valedictory?Ray Gibson. Awarding of diplomas and Tiedals and reading of honor roll. Dr a. y. Hunter, chairman of the board of trustees, presented the diplomas to the graduates. The following medals were awarded: Primary department prize, presented by Dr. G. W. Harmon, won by little Rebecca Harmon, with honorable mention to little Mary Kohn*and Pearl Wheeler. The Dr. J. S. Wheeler medal, given to fourth and fifth grade for highest scholarship, presented by Mr. G. 1>. Brown to Miss Nellie Wise, with honorable mention to Master Grady Bedenbaugh. The R. C. Counts scholarship medal, given in sixth and seventh grades was given to Miss Grace Sease by Dr. C. T. Wyche. The Dr. U. a. Simpsun niaiueuiaucil medal, given in the ninth grade vas capturod by Mr. Price Harmon, presented by R-ev. E. W. Leslie. (CONTINUED ON PAGE 5.) >'ews of Bachman Chapel. Prosperity, May 29.?It still remains cool but we've been blessed with a good rain which has been much needed for several weeks. txfanra Vi no a f a1 1 nnrin cr rdmorl/ n c agax u AVUV/ * ***? * several times: "If we don't get rain before harvest you can depend upon it then." Why make these kind of remarks? The rain wasn't sent to us as an enemy but a true friend. Better return thanks that it came when it did and quit so much unnecessary complaining. All of this grumbling reminds us somewhat of a little speech that was used a great derfl during our school days of which the following is a part: ? ( "Suppose my little man Your task is hard to get Would it make it any easier For you to sit and fret," etc. ( We can t hardly prevent the "blues" from creeping upon us at time but lets try to shun them as much as Jt-l- J.1 I possioie, mey are uupirasaut ^uu-ipany. If we do have to replant or maybe plrnt some of our cotton over, lets reina'n as cheerful as possible. You remember the result of the crop of 1911. "All's well that ends well." The writer in company with his three brothers and Mr. J. C. Kinard, and Master Jeff Metts went down to view the sights at Parr Shoals on Wed nesday the 21st. It is wonderful to eee what has been accomplished there and how the work is being carried on. The art of man is great:. . We will probably have a new auto in this section notf ,shortly. Mr. M. L. Strauss is thinking of purchasing and just as soon as be makes the decision as to tfhat kind he wants I suppose he will buy. Communion services will be held -i. -frkiirtV* v in at V/UiUU,y <ju i.iic iuui m , June. An effort will be made to have ' all day service with exercises in behalf of missions in the afternoon. Vis| iting members are always welcome at Colony. Pastor P. E. Shealy has purchased an auto and was speeding through this section recently. Grain :s really better than was once expected and this cool weather is fine :for the "man with the cradle." Also for the on.- who ^oes the binding. With the present price of corn, oats comes in acceptable. Mrs. J. P Kinard remains about the same as for some time. "The Elm City." Contributed. An old resident of Marion, S. C., now lirrtnn. Momiieprv io wnnrierinoi- this living ILL it j K7 * q morning if the young men who seemed to enjoy their rowydism in - Friend and Johnstone streets, Sunday night can tell why Marion is called "The Elm City?" For their benefit I will give them the information, hoping they will take warning. Years ago j there lived in Marion some wild young men, and one night they decided to "paint the town red", as did the Newberry boys Sunday night. The Marion boys were arrested, and the mayor put a heavy fine on each of them, which he expended for Elm * - -* j., rTTU/% trees to Deauuiy me sue--l&. j.uc lovely trees stand today living monuments to the boys who "painted the town red." Complimentary to a June Bride. Mrs. Ladsen G. Eskridge compli- i mented Miss Bess Gilder, bride-elect, j with a delightful luncheon Wednesday at the home of her sister, Mrs. R. | H. Wright. The home is one of the loveliest in tne ciry ana me ummg ruum was yea - \ ticularly lovely with the added beauty of flowers and candles. Mantel and buffet were banked with quantities of shaded sweet peas. In the center of the table was a French basket filled with these same lovely flowers, the handle of which was tied with butterfly bow of pink tulJo. The silver candelabra with pink candles added much to the beauty of the effect. Covers were laid for twelve, the place cards being hand colored "Honeymoon" i bride and groom. A delicious six course luncbJeon was served carrying out the pink scheme in detail. It wr? one of the loveliest of the many social affairs given in honor of rhe popular bride-elect. / GOVERNOR ON MAYOR; MAYOR ON GOVERNOR GOY.'S CHAUFFEUR AND THE BICHLAND CONSTABULARY. Governors Statement Calls Forth Heated Reply From Mayor Gilbes. Governor's Comment. Columbia, May 28.?"He who laughs last laughs best," remarked Governor Blease in saying that as a result of the fining of his m negro chauffeur by the city of Columbia, for speeding bes had added three more men to the Columbia constabulary, each of them drawing a salary of $90 per month, half of which is paid by the county and half by the city. The added expense, the governor explained, was put on Columbia for fining his negro chauffeur. "I told them at the time it would be a dear fine and you can figure out for yourself just how much those fines are costing the city of Columbia," continued the governor. Force of Eight Constables. Columbia now has a force of( eight constates, the increase from five to ei?ht being added because of the fining of the governor's chauffeur, as a result of those three occasions on which Columbia lined the n-egnxehauffeur of the rovetncr the city is now paying additional salaries to constables amounting to $135 each month and the c.r?r\ty of Richland is paying an equal j amount. It will J&e recalled that the governor's chauffeur was fined od. three occasions for speeding, the first time $3.75. the second $15.75, and the third time, $3.75. An appeal was tak- * en in the last case to the circuit court, and it will come up at the present term before Judge Gary. A Constable For Every Fine* The governor announced this morning that he would retain the Columbia 4 constabulary, the county board of control having requested this course. The governor, following the decision of the Stat** supreme court on the Webb liquor law, had announced that he would "fire" all of the constables on the 1st of June. E. L. Kibler is the chief of the Columbia constabulary anu he has seven n;en working under him. "Every time they fine my chauffeur I am going to add another ronstable," remarked the governor in discussing this, matter this morning. Mayor Gibbes dictated the following statement in reply: Mayor Gibbes's Statement. Mayor Gibbes dictated the following statement: "If the statement of fact in the Record of May 27th and News and Courier of May 28th is correct (and I hereby request that it be verified by reporter's affidavit,) I would say that there are some things too unspeakably little and contemptible to be expressed in words, and this is one of them. "The spectacle of the viper knafring the file would be only a!musing. except that the "file ought to be put to con siruuuve usco. "Probably Franklin J. Moses, in all his career as Misgovernor of South Carolina, never descended to so petty a plane of official action as this. "If you desire my offieial comments on this matter and the county dispensary situation, you will find them in 'the Annual, now in the hands of the i printer. On yesterday the dispensaries I u'orp Hnsed because of death in the | family of a member of the county board of control. Is this a public business or a private affair? ! "Has not the time come for a change?" Governor's Comment. The governor's comment on Mayor Gibbes' statement was: "T told vou you'd hear 'em squeal so "let the galled jade wince." "He who laughs last laughs best." The Mayor in Iteply. The mayor replied: "I consider a compliment from Blease an insult and an insult a compliment." r<nn?h+ ihn TTnhif. vauguu iHi/ "That yatching party are telling the biggest fakes I ever heard." "Yes, and you can see at a glance that even the yatch is lying to."? Baltimore American