Historical Newspapers of South Carolina

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THE COM110N LAW. A LEARNED ENPJSITIO OF THE S'E JECT B1 M. BISHOP. The Weak Places In Our Common Law%-The Diference Between Judgem and Jurist. How Many Law Books Are Made The Question of Codification. (From the Columbia Daily Record.) At 6.4. last evening the members of the Bar Association assembled in the Senate Chamber at the State House. After disposing of some routine business and e'tcting two new members, Messrs. Paul Hemphill and T. E. MeLure of Ches ter, the Association repaired to the }pall of the House of Representatives. The mtem bers passed in by couples. the procession being headed by the Hon. Win. 11. Parker. the retiring President of the Association, and the distinguished orator of the occa sion, the Hon. Joel Prentiss Bishop of Massachusetts. They were followed by other distinguished members of the Bar. In a few minutes every chair in the House was occupied, not a few of them by ladies. On the .Speaker's platform were the officers of the Association, prominent mem bers of the State and Federal judiciary and other honored guests. President Parker called the meeting to order and introduced Mr. Bishop. Mr. Bishcp is one of the most distinguished writers on common law ir. the United States. His oration last evening is the first that he has delivered in forty years. This long absence from the hustings, how ever, has evidently not impaired his power. The following is an imperfect synopsis of Mr. Bishop's Oration. 31r. President and Gentlemcn of tihc sso ciatiw: Responding to your kind invitation to address you, at a period of rest from your severe intellectual labors, I may sent un grateful when I ask you to acompany the thoughts I am to express with your best and most earnest thinking. It would be superfluous to request you further, as I might if you were of any other profession, to lay aside preconceptions and look at the questions before us as for the first time. liut he who has learned and practiced the common law is familiar with the courses of fresh investigations, and with reform ing his opinions whenever truth requires. The topic will be. "The Common Law as a System of Reasoning, How and Why Essential to Good Government, What Its Perils, and How Averted." The subject is too vast for a full treat ment. But 1 do not forget that I am ad dressing gentlemen accustomed to thinking and reasoning, therefore capable of sup plying for themselves my omissions. Your familiarity with the common law renders needless any defining of it by me. But, looking at it as a system of reason. let me set it for a moment before you be side the civil law. - Mr. Bishop then showed how the Roman law became a system of reasoning. differ ing from ours in little else than the form of -its growth and development. As in the countries governed by the common law, so in those governed by the Roman, the statesmen and legislators were largely law yers: that is, they were persons accus tomed to reasoning upon legal, or govern mental, things. In the economy of human life and asso ciation, we have, as the fairest gifts of God, love, religion and reason. I need not say that the last is the greatest, for it includes the other two. Where reason, pure and perfect, prevails, all other good dwells: and the place whence it is banished is, whether in this world or the next, hell. "Let us reason together" is the command of Him from whom both we and reason proceeded. There is false reasoning; but true reasoning conducts to all light, to all prosperity, to all happiness. While Rome was controlled by men who were accustomed to reasoning she grew and prospered. But after many years, the cternal longing and sighing for laziness, the same which has wrought immense mis chief in our jurisprudence, and which now threatens to destroy it, prevailed. Justin ian, whom it is the fashion with us to adore, finished the work of mischief. Having cellected what he chose to preserve of the writings of the jurists, he consigned the remainder to oblivion. The world presents now an exact paral lel to this. There is a little island upon which the angel of light as she flew over it dropped a spark. Spurning Justinian's folly, she accepted reason, named it the common law, and rose to a power andl glory which mock the very brightest of Roman dreams. Her navies rule the seas, her colonies watch the sun in all his course - 2around the world, her glory threw off in one of her flights these United States of America. But the longing for laziness has of late taken possession of her. And she threatens to substitute acts of Parliament for all her common law of reason; and make it possible for all sluggards and fools to practice at her bar and preside in her courts. If she does it, it requires no gift -of prophecy to foresee that her encompass ing seas will weep upon the dripping rocks *around that little island a more mnorrnful requiem to her entombed empire than was ever before sung over fallen greatness and gIt you ascend the highest tower or mo>un tain-peak, Aind in the loudest voice ask the earth why it moves upon its axis, it can give you no answer. It does not know. In the earlier ages man did not know. Yet - from the beginning it moved as it does now. Go to the fishes and birds, and the same facts reveal themselves.. Following instinct, or conscience, or whatever else we call it, man, while living as all must in society, establishes various customs and usages. After they become universal the court takes judicial cogni zance of them as law. Especially it takes judicial cognizance of reason, and of the fact that directly or indirectly it is the highest guide of man. It thus becomes the highest guide of the court, so that our law is denommnated a "system of reason." It accepts judicial decisions as guides for future eases, because reason teaches the im portance of stability and uniformity. The process of reasoning was then illus trated and it was shown that the law's pro gress consists in discoveries of its just and true reasons and in correcting old mistakes as to them. In method and results the common-law lawyer resembles the scientist in nature. The scientist is constantly adding to our knowledge of what always existed, and the physical world of man is progressing. So it is under the common law. The law yer discovers, one by one, the laws which always existed, though, it may be, never before understood, pertaining to the gov ernment of men in communities. Should we abolish our common law of reason b y mepging it in codification, as many among tis seek to do, we should nct be brought w-here continental Europe now is. but rather to that bath of night which Jus tinian prepared for her. The most familiar thing in our common aw is its immense and rapidly increasing lImass of judicial decisions. However the words of one Judge may be concurred In by the rest, they never rise higher than evidences of the law, as distinguished from the law itself. The consequence is that judicial decisions do not, and cannot, formally settle any abstract doctrine, such as it is the province of jurists to lay down. .The proposition that the words of Judges are always to be interpreted as qualified and limited by the facts of the case in hand was dwelt upon. From the earliest times in England to the present in every one of our States, and in the tribu nals of the United States, our Judges have been men wvho, with only exceptions enough to emphasize the rule, had an eye They have not meant to play the jurist I C while sworn to do the very different wo2k I of Judge. i We now come to the weak place in our common law-the place which needs to he I mended and strengthened. I can state t only approximately the number of ad- s judged cases in our books of rep'rts. A rough estimate places them at half a mili lion. The man does not live who could thus go through with the half of them: n and there never was a memory strong r enough to stand up under the load; or, if there was, it would crush out the reason- I ing powers and seduce the intellect to .1 idiocy. In every view. the:efore. we need I jurists. There are some lawyers who claiored s for codification. The suggestion was made that the quarrel over this question of codi- e i:ltion be suspended until our law ls re- - ceived such juridical :uilture as to imtorm us, and enable us to agree among ourselves, r just what and how mnmy :re its elemelntaIry I principles, reduced to their smallest pro nortious. t Ie urged American advocates of coditi- 3 cation to prepare and publish what they s proposed for codes. Then the further question of their legislative enactment wou!,1 present itself at the proper time. But ' -m here reminded that we have im mye:- mumbers of legal text-books. and I a whether I deny that they pro r e ".rm njurists. I reply that they are of v:ltir dtllering qualities, and that no one chr:u' rIz- tion could properly be applied to -ll. The manner of making "your r 'n it.d text bocks" was fully discussed ,,.:d it was shown that the author "usually" pirates the work of his predecessor, edits it. then publishes it as entirely his own pro duction. This is the "usual" legal author: honored by practicing profession, and bowed before and followed by the Judges. t The noteworthy part of the matter was f that while our copyright laws, as expounded and4 administered by courts smiling on piracy, are so defective as to seem almost worthless, not so are the laws which punish cheating by false pretenses. The latter ex ist in ail our States, and the violators of them are shut up in the penitentiaries. ex cepr when the persons cheated are lawyers. I do not know how you do things in South T Carolina, but we in Massachusetts put. into our penitentiary great lawyers, great sena - tors, presidents of immense corporations, clergymen, and in one instance, we received ( one of your honored South Ca.olina ex- I governors. Why exempt your honored authors? The only reason I can imagine is, that the men of our noble and generous profession, deeming with Hudibras that 'The pleasure is as great ' Of being cheated as to cheat." scorn to make complaint of those who have been to them the source of such profound happiness. Another method of producing I- gal text books is for an older man to mingle his work with that of boys helping. If this is done, not under the false pretense that the whole proceeded from the ostensible author, but accompanied by an honest statement to the public, there is no wrong in it; and the result may be, in some circumstances and for uses, excellent. but it is not a jurist's work. The very famous law school conpected' with our oldest university, some of the pro fessors whereof have produced books which hare occupied the first place in our esteem, has swept the whole line of text-hooks away, and declared that none, whether written by its former profestors or others. are fit to be used by persons ignorant of the law in acquiring a knowledge of it. This method is sometimes inaccurately termed the teaching of the law by cases. And the brief explana'ions of the reason of the chanae demonstrate that, while the univer verity does not choose t) pronounce in words the common law's utter lack of j!urists, it believes it to have Uone, and C adapts its curriculum to this belief. Jurist's writings are "original sources." They are not the apple which suggested to sir Isaac New"ton the law of gravitation. but his Organon. An adjudged case is the apple. And the showers of apples. and the glorious ingatherings of the fruit, not un fitly emblem the vast accumulations of our eports of adjudged cases Law is the only profession which teaches the sort of reason that governs the State. Should the cry for coditication, under the! eternal aspiration for laziness, prevail, anad the element of reason which the practice and administration of the common law have carried into government affairs, be . banished therefrom, the hitherto common law nations will quickly cease to be the leviers of the civilized world. ' Hil governmental affairs travel in the pah of precedent, so that it is of the high e-n iportance for the offcers of govern ment to understand how to select and apply '3 precedente~. And there is no possible way j in which this skill can be so well acquired e as in the study and practice of the common lv.. Ia thie higher wvalks of government, the incumbents of office are largely lawyers. t Strike down the common law and banish it f ron us, and ''sewer justice" will be the :'mumua justice of the country. The e oileers who adminster sewer justice mean c well. With all their hearts they aspire to C know the ways of dtuty, and they unflinch- C ingly walk by the light which they get. S Thir neighbors, the public, do not frown upon them: all being in the dark together, I no one doubts that the law is admirably r administered. Yet all see that injustice is b being done. The conclusion to which large numbers arrive is, that the whole system is a wrong: that the law, from which injustice C thus proceeds. should be put (Iowa and C bnished; and that government, which es-f tablishes what is so wicked as law, should a :e banished also. If codification succeeds to the extent of a assassinating our common law, what but b Heaven can we rely upon for the future: 11 In the hope of better things, I turn from this picture ot despair. 1. If I were addressing a les intelligent i audience I might urge upon you action to prevent an enormous, threatened danger. ( But it is unnecessary I should say more to t< you. I have thus laid before you the most im-t portant subject connected with the future t of our jurisprudence. Please sup~ply my dficiencies with your own more fruitful r< andl valuable refiections. Thanking the audience for their kind in- a dulgence, M1r. Bishop resumed his seat h~ ami thunderous applahuse, and received I numerous congratulations from the distin. u guished men present. s At the conclusion of MIr. Bishop's ora tion, ex-Attorney General MIiles, ofg Chareston, offered a. resolution thanking V the oriator for his able and interesting ad- I dress, and requesting that he furnish a copy thereof for publication. This resolution ( was tinanimsously adopted and the essem- hi bhige disnersed tn the0 Banquet fiat!. fi After the address tihe members of the 'j Association and their guests essembled at ti the Hotel Jerome to particip~ate in the an- t: nual banquet. About 10 :80 the procession, b hi' aded by President Parker and 3Mr. a Bishop, nmarched into the elegant dining h room, wshere a kingly feast awaited them. 11 The tables were arranged in that faultless a style that is peculiar to the Jerome and its genial MIanager, .John Willis.A Several hours were consumed in playing s: havoc with the sumptuous repast, at the p conclusion of which came the speech muak- a1 ing. This elicited some of the wittiest and a most interesting postprandial cifens that o it has ever been our good fortune to ..ten n to, and nothing but lack of tim2 prevents tI >ur reproducing in e.tens'. The follow- 11 ig are the ti -rOA5rs Ast> REs1'oN5ss. p "Our Guest"-Toasted by Ilenry E. ti oung, of Charleston, and responded to in u n exceedingly happy style by MIr. Bishop. ti "The South Carolina Bar Association"- at By Attorney General Earle and responded or to by President Parker. t conee, and reponned to by C'nrem - oIn u 'eter Richardson in that eloquent v :n that F his own peculiar inherent 1u lity. "The Judiciary of the Unte ('t'( . pv Attorney General Miles and rt' ed i t b hy Judge Ban in an aval:m e et irre stible wit. 1he United tate -i M n': tgston and re:ptmde 1 b IIo I outaans, who tad he n nt d o;nily ie a iinuhtes beforeli t he wa4 mId upon. Th",i esult was a perftet 1lo0t of e i turmcf. "The Circuit Tudgs : . ad I ; u reme Court of the Stcate" -b'y om ,'r :1 aies L. Orr and responded to bey J udgei. Iulson :ni Just'et I( Ian." ''le Bar"-lty Go. crftiad I, ponded to by Spj'ake(r imn:,. F The Other 1nfein t Cou' -Bt ; n a ral Izh1ir and respnadl to by . '. I .". IKi asick. 'I: s been n: la~ omn i Iany festive gathe' . t. te e' lent I-st evening u p Iera "l to iti ord- a alre charm111s of conve\iv"ialinroue:' rac;ive :;anires never IF(, .. pr 1 rae hgre". 1-e trust that the Sou:h (par;h 1-.-t ;:rA ociation may live to elehra a hm:Iretd I aore anniversaries. First i)::y's P'rorcedir-. - The South Carotli;:.. ilar A.seciatieon e;n -ened in the Court Iion'e last night. It as ,he third annual neatisg, bringinrog to ;ether a number of geti:en v bo fitly epresented the highest int!i Ct mnd learn n)g of the State. After the usu:l pre1:miniary matters as to oil c:l!. etc.. President \Vm. . Parker, "f Abbeville, delivereu his addrs on "The :hanCs in Legislaticn withiu this S ate in thter' States aid in Congress during the >ast year." It Was an aidm irable and iiter stint talk, with all that these words S ify, and that the subj~et was learned.y reate:1 and presented with clearness and orce is evidenced by the close attention of is hearers. At the conciusiotn of the address, IIon. ocl Prentiss Lishop Was invited to a .eat a the rostru:u beside the President. 'tiE .\E-1MBEReilll' INeCiEA$s1). The election of new members being in rdler's. the following gentlemen were noi nated and umnianou)iV elected: E. J. ennedy, A. N. R:akin, Chestcrleid; E. Lo:ar, Spartanburg; 1. A. Blythe, reenville: John Gary Evans, Aiken: ;eorge 11. B'tes. W. I.. Keith. B. T. Lice, t aruwell: Samuel W. 1elton, E. C. laynsworth, Jos. V. 3Iuller. C 'lumL'ia. THE GENER.AL COUNCIL. The followiug gentlemen were clceted as . General Council, or Standing Committee r nomainations for oificers, for the ensuing ear: First District, G. Lamb Buist; See nd, D. S. Henderson: Third. J. F. Rhame; ourth, Knox Lis'ingston: Fifth, .John T. hett: Sixth, C E. Spenccr: Seven-h, N. Holmes; Eighth, G. G. Wells. The report of the Secretary was deferred atl this morning. Col. J. Q. Marshall, Treasurer, made the ollowing report: Balanoe on han.l Dc ember 1, 188t, $321.M, collections sine'. :681: total, $1,002.54. The disbursemneias or the year ending December 7. 1 -7, rere $761 65, leaving a balanee in the :easury of 2:7.89. 31i srs. Whitner, Abney and 3el-n'd Cere appointed an auditing co imito. The Committee on Pa'iat--,ion reported . hat they ha:d secured 1,00c: pis of .Judge nomas 31. Cooley address on "'Tie in tuence of habits of thought upon our ii titution. t t\ SEIoRy 'OF COLONELI Rlo-N. 3Iaj. S. P. Hamilton, Chairman of the Iemnorial Committee, read a tribute to t1:h aemory of the late Pre-ident of the Asso uation. Col. James ii. :ion. Maj. Henry E. Young, of -Charlestor. Mhairma of the Executive Cmditc Eiered resolutions of respect to his v-: - y. They were unanimously ado:ted by ac Association. The Association then adjourned to meet gain this morning. The Association assembled atinlth C :urt Iuse at 10 o'clock this miorniig, 1 tei- . .ent Fa'ker in the chair.; 3Ir. F. C. Whitner. of Ander.;o. sub aitted the report of the Auditiang Commai: se on the Treasurer's re-port. It v--n dotetd. IN .)1EMORL't.. MIr. W. C. Benet read an interesting~ me 3orial upon the life of the' ial' John I. ones. of Newberry. 3Ir. U. E. Youu" nd a nemor i'al of the late ienry: Bu~ist. I f Charleston. 3Mr. P. IL Nelson rea.1 a emorial of the late Richard G3. Bonhamn, f Abbeville. The President ~announced the following~ entem-ma as a Committee on Publication:. I. F. Ansel. Simeon H~yde, George E.i rncte, II. A. M1. Smith and the Secretaryi iITESTIY(. EssAY3.. Mr. Elward McCrady, Jr.. of Charles 'm, reali an essay on "Prnofessional Emolr mets. lHe said that the profession in this Stater ould not be indiflerent to the increasing i omplaints of litigants upon the subject of osts, IIe thought that the whole subject j f compensation should he revised. In r :me instances th( re had becn great abuse r the matter of costs between party and r art)-. He regarded talxed costs as iujai -us to the profession and were relics of a arbaismn. Remuneration in the profes on has become more and moie precarious, ' nd it is to a large extent on account of 1 oing business o-n contingra fees. An ther didiculty was the want of a. dituite L se bill to control charges aanst clients nd to prevent the consequent underbi-h'ing f some practitioner, lHe did not condemn a 1 contingent fees. lie urged that they bet ss5 the rule aind more the exepntion thain is now. President Parker being called away i on uiness. MIr. H. E' Young preside'd dur- a a the reading ot' Mr. 3icCrady's essay. On motion of 3Mr. IHolmes, 31r. 31c rady's essay was referred to the Cotmmit e on Jurisprudence and Law Ref'ormu to ~ame and report some scheme embodying in ze sestions for action by the Associa MIr. Charles E. Spencer, of Yorkv ille,. sad an essay upon "Case L2aw-Is ii anh :viy" lie maintained that it was an evil-a a evil only so far as it tends to makce ~c- If twyers, case-judges and ease textw"riters. I Sis not of the lear .'ciita, for it come-- to b: s in the form of reports of judieial d-s os from every part of the 1.-nited Sta"es. ' lor was ii. of the lee- iwn .scrip t . Te ..t- . er of becoming dependent upon ease:law 'as greater with lawyers than w idiith judge. ought not to be followed in the- senseio llowing a precedent. The datnger . rm ise- law to the lawyers is twofIh--wh Vt is relied on as cne of the regu'iar s-urces t informnation: agaXin it greatly diminis-ht ht mndess and aptitude totr"geerd- -'.iy. I here should be more of an -tral r-M on andu argumeut. In conclusio'. eid ' tat the fraternity shouldt assume asit irthright the position which the' faae-c I d sages of the prfso i ur a'te e ae bequeathed, as e-tual ini' 'ny t mo:e of the first State bar in our g-a m tn couniiry. Te es'ay of 'Ir. Jimes Ahlrich, i md tht th~e Eties of the La-w w.astoo toj .-in'xact.inchnging se- 0 I ge d xpand:ed" 'wi tsciety.' C nturc e ir forefaithrs lId thie fo untd-nion of 'at >ble systemf of legal ethai- wich:e t'a-d!. te Conmmon Law. That law hasg ever hI e beaconklight, guidtin" the Anglo,.ston rough periods of le: il d-ting-' ith in the puir.,ut of kno''' l'ige and' for .ne. h'le ethics of 0.e pro-fes::'n d e.'end )9n the Bar. Th- objtls of thisAss -'~ m as defined i' the C'';-n'i'ut-'n is !'a'' tde. ''Thea let us end- -\ver to realilte . i aspirations and illustrate by- our live, U e letter and the- spirit of thm . artie otf it ie S'uth Carolina Bar's delnition of Lega thics." .M itDENTs. Th, ft olwing amendment to Article 4 f th t n: t tinion was adopted: *Th.. resideu's sl::til constitute a :ndo co;nmline,'. with power to re ort a:1 tion any such suggestions theyl ma v think will further the ends id lis o the Associztion. tThe senior xnr i:lnt Shall be rhairm n of this con Tihr followin;. was olied to and adopted 4an adlition to the by-law.: "In ca'e of the deat or resignation of , Pr'eient, the \'ic' Presidents shall be ti immediately by the Secretary to l_-.t. at Colimbia ou a day fixed by him, nd they ,hall cele t one of their number I Pridcnt during the unexpired The Comitt,-et' ou Arng ements an IC cil tiit th had arraniwd for the u- d hinner and thiat the Association :ouli nroceed to the Ilotel .eronie imme intely'afer r. B'ishop1's oration tonight. in bthailf <. the G.:nrral Council Mr. ienet sublined the following nominations or oli' rs of tie Association: J. .J. 1-ther. President. Fir-t Vice Piesident, Edward Mc'rady, r :scti:. .James 1I. Moore: third, .Jos. i. Earle: fourth. I W. Boyd; fifth. W. L. (2ark: sixth, GilcsJ. Patterson; seventb, ):ivid Rt. Duncan: eighth, B. F. Whitner. Secretar y. W. C. Benet: Treasurer, J. Ltcal Councils: First Circuit-Edward ehCr dy. Jr., Isaac Hayne, T. M. Raysor. Steoi-J. W. Moore, W. P. Murphy, 'obert Aldrich. Third-Iosepi II. Earle, John S. Wil on. Thos. M. Cailtard. F ourth-R1. W. Boyd, C. A. Woods, R. Caston. Fifth-' W A. Clark, J. C. Sheppard, J. IIny. Sixth-Giles J. Patterson, W. B. Wil on. Jr., Cha. A. Douglass. eiventh-D. R. Duncan, Y. J. Pope, )hvid .Johnson. Eighth-B. F. Whitner, L. W. Perrin, W. Stribling. Executive Committee: Henry E. Young, if Cih:rlecton: George W. Croft, of Aiken; anes L. Orr, of Greenville; the Secretary ::d the Treasurer, Cr oj7icio. This report was unanimously adopted and Le association adjourned to meet at the :alof the Ihouse of Representatives at 6.45 hi- evening to hear the address of Hon. el Prentiss Bishop on "The Common .v as a Systm of Reasoning, how and the e-senti d to Good Government, what is Perils and how averted." A TAiIL~i) PHEHISTORIC .31.1 iscovery of the .1iising Link in the Mountains of Texas. One hundred and fifty miles east of El ao, via the Texas and Pacific Railway, tnd in twenty-live miles of the road, is the e mining camp named Carrizo, where he richest sil vr and copper mines in Texas toe ree. .tly been discovered. Immedi .teiv north of Carrizo lies that famous aunntaiu range called the Diabolo or )evil's Mountain. towering over a thousand cot above the surrounding plain. Near he v hich is composed of lime t-:.c.:-e found numerous cave and tun l., which extend for a distance of ten aileq. a: some of them penetrate the noun ai fuly 50 feet. Indian tradition e:outs for these caves as the abodes of irits or d.vils, and the extremely super tiiios :paches gave the haunted Diabolo 1 ninis a wide berth. Until very re ewly the nark, terrible and frowning aou has never been explored by white aen. thte nomadic cowboy not caring to cale its rugged h:ights, nor face the super awe which seemed to surround the .-d th'e possession of the intruder. the diseov ry of silver there, how ver, it.: more venturesome miners have arti lly explored one long cave. N.' . Ome-r, an old frontiersman, with , wittiie benit of mind, was the first white aan' to eater the so-called habitation of p)irits. Wiui a tallow candle aind prospect uikklhe penetrated the cave a hundred eet. Lut did not venture further. The n.L of the cavern b~ore numerous evi |eoes of former habitation. Stone im ictents. haone needles and pottery in ex elleut oreservation were scattered here and here in the caves. Carcasses of bears and h er lhuge animanls were lying near a heap '' :u-hcs. tfhe mold of ages lay deep on he tiour and sides of the cavern. Surely, t thought, this was thle home of the ancient liif dweller. Osmer then with his pros coet pick began digging in a pile of dirt, nid was rewarded by unearthing a skeleton tgigantic proportions5. First the skull, ben the vertebrae were brought to light. ut in thle meantime hi-s candle had burned jy, anid rather unnerved by the strange pto:;:ele and the hideous moaning sound fthe wind as it wav'ed through the awful ephs of the gloomy old cave, which is ow the abode of the mountain lion and ther terocious beasts, Osmer retreated to vylarat, carrying with him the skull and ackbone. The skull he found to be that of a man. he under jaw is of mammoth size, easily seiv ing the h~ead of an ordinary man iihin its sides. The teeth are enormous or:; or double teeth all around, and in a erfect state of pireservation. The surprise ud gratitiest ion were gfreat in Osmer when e examninedl the vertebrae. It is of im ense size, and the strange thing about it ;ta~t instead of terminating abruptly, as 1the ordinary man, it is prolonged for igt or ten inches beyond, describing a raeful curve to the rear While the main etebrae is llrinly sei; the caudal append ge is lexible. At its juncture with the akbon~e proper, at the usual location of te coeyx, it measures four and onerhalf >ehee wide, but it narrows rapidly toward te jI. Considerable of the tail has dis pperedl, probably by decomposition, but iicient remains to demonstrate beyond a nubi that, at last, the long-sought man ith a tatil has been found in the mysteri us old cavern of Northiwest Texas. Mir. ismer ref uses -all offers for his strangerind, na keeps it closely guarded in his cabin, !owing tlhe curious visitor to see his old il-dweller friend at all times. It should e seen by seientific men, and examined, ad pcrhaps the D~arw.inian theory will be ,ever citablished beyond even the shadow f b.Ad it would, in all proba iltb iewell spent for the men of :t*:.ie to visit Carrizo and further explore :e prehistorie caverns of the Diabolos. I. Lee i 1%&Dixpatch. Iiruunaa Littie Joke.. - h.B o how short your ocat is, d ons ned to :his friend Brown, ha.nl retilied: "Yes; but it will be enout bilefore I get another." Some onspn so murca for medicines that 'er had.. nor help them, that new clothes w i~th eo like angel's visits-few and Lr b lwen.Iternal fevers, weakness of Ie tuugs, shortuess of breath and lingering m.ihs don y eld to the magic influence : ron d remedy, D~r. R. V. Pierce's C ' de 2eda Discovery." I t.nOS and Organs. \ll o tebest makes. $25 cash andl \~e ovemaber 1, at spot cash prices MO c in. 1 ash and balance No mbe 1,atspot cash prices on an r a Delivered, freight free, at your erst depot. Fifteen days teat trial d freight both ways if not satisfactory. Write for circulars. N. W. TPRUMP, Columbia, S. C. * ,.ro :v, mama. I don't believe :u : orich after a!!: observed a ar h. to is mothter. "The Bible says t Nol'umou -lept with his fathers'. Now, he a.,.i nteen rich hem' ad a bedm t o haim P. G. P. I am sitting all alone tonight In my little, lonely room, The tire is burning on the hearth And my heart is full of gloom. - The rain is pouring down -ithout in c:easel ss. drenching siower. And silence hods the tnasterv, This dreary, midnight hour. 1 am thinking of the past tonight So full of light an.d hade, of visions rising to the view, To dazzle but to fade To cheer the heart with transient gleams t Of hopes too pure for earth, Then gide away, like rainbow lues, And perish e'en in birth. I am thinking of a form toniiht Which loved me long ago; An c ye of sweetest. clearest. hue ] That Heav'n could e'en bestow: Of clustering hair and coral lips. A nd teeth as pure as pearl: Of moles' blush and love-lit smile Pure, tender. hearted girl. We may not ever meet again, '>Lis better so to be, For love like mine could not but end ] In sole idolatry. 'T.s sweet to know, wh itever woe May wringthis heart for thee, That thou at least m iy live in peace And suffer none for me. And yet if Heav'n one boon wou'd grant To me of bliss untold, Sweeter than all the sweets of earth And Heaven a thousand-fold, 7 hat boon would be but once aga in Thy form and face to see; To hold thy little hand in mine And hear thee speak to me. Farewell ! It may not. cannot be. The will of God be done, And sweetest benedictions fa11 On thee, beloved one. Above the deep blue vault above, Close by God's shining throne, I'll meet thee w .th thy crown and harp And call thee mine alone. W. R. G. HOW JEFF. DAVIS WAS ARRESTED. A Curieus Story that the Nobles of Annii to., are Wont to Tell. ANIsTos, Ar., Nov. 26.-Jefferson Davis has had a good many narrow es capes, but one of them has never been told in print, and the chief actor in the affair has never cared to talk about it. Somewhere along in the fifties the Nobles, an English family residing in Pennsylvania, decided to move south ward. They selected Rome, Ga., as their objective point, and started on their journey after making the necessary disposition of their goods. The Nobles had some family jewels and about $4,000 in cash. How to carry these valuables safely bothered them not a little, but they packed the money and jewels in an old-fashioned English hand chest and took them along. The travel ers landed at Charleston and took the next train for their destination. Some extra fare was demanded, and in paying it they had to open the chest and expose their treasure. Sharp eyes were on the watch, and the glitter of the contents of the chest attracted attention. As a matter of precaution the chest was confided to Miss Mary Noble, who sat in a secluded section of the car with her back to the door. At Branchville, S. C., two gentlemep boarded the train. One was a young, wiry man, and the other was tall and slender, past the meridian of life, and of distinguished appearance, When Augusta was reached the two strangers went on to Atlanta, and the Nobles discovered that their precious chest was missing. The conductor was clamorously appealed to, and he instant ly gave it as his opinion that "the one eyed man had stolen it." "He's a bad looking fellow," said the conductor. The chest had evidently been snitched out at the rear window of the car, as the suspected man took his departure at a moment when Miss Noble's attention was fixed in some other direction. After a consultation it was decided that Mrs. Noble and Miss Mary should proceed to Atlanta and cause the e rrest of the supposed thief, while Mr. Noble and the others remained in Augusta awaiting, not very confidently, the re sult. Mrs. Noble succeeded in tracing the two men to their stopping place in At lanta, and identified them as soon as she saw them. At her request they were arrested and carried to police headquar ters, where the astonishing discovery was made that the "one-eyed man" was President Pierce's Secretary of War, Jefferson Davis, and his companion was his private secretary. Mr. Davis was in a good humor, and of course the two gentlemen were at once released with many apologies. Before leaving, Mr. Davis told Mrs. Noble and her daughter that he regretted their loss, and he Iendered them a twen ty dollar gold piece as au evidence of his sympathy. Mrs. Noble declined to ac cept the gift, but Miss Mary spoke up and said: "Yes, take it. That is some of our money that the old rascal took." Mr. Davis smiled and pressed the' money upon Mrs. Noble, wao finally took it, and carried it to her husband in Augusta. After the election of Mr. Davis to the Presidency of the Southern Confedera cy, Mr. Noble, then a prosperous con tractor, visited him at Montgomery and talked with him about manufacturing annon. Mr. Davis asked him several questions and then referred to the loss of the chest. He introduced Mr. Noble to Mrs. Davis and told the story of the arrest. Mrs. Davis laughed heartily over the in ident, and with her husband took quite mn interest in the Nobles fronm that time. Noble went to work and made hun reds of cannon for the Confederacy. [,ater he founded and built up the fourishing city of Anniston, Alabama. [n the midst of his prosperity he is still evoted to the "one-eyed man" who was nce supposed to be the author of his greatest misfortune. The Virginia Debt. RIICIIMox, Dec. 7.-Governor Lee, in his message to the General Assembly to ay, in view of the recent decision by the L'nited States Supreme Court. declaring he Act of May 12. 1887, constitutional and valid, and reversing the decision of Judge Bond in regard to tile eleventh amendment of the Federal Constitution. ecomn eids the passage of -a joint resolu o-n suspending the legal proccedings tganst those who have tendered coupons in payment of taxes, as he was assurted by utbority that such action would decidedly, enefit all parties concerned. l[e thought hat when thc bondholders considered this dcision they would be willing to accept uch offer as the State c-an make, based! pon the sturlus to beC applied to the pay neut of the interest or principal of whiat he State considers her just debt. 83OO Reward. The former proprietor of Dr. Sage's Ca-] a;rh Remedy, for years made a standlit dfer in all American newspapers of 65:)tc ~ewardl for a case of catarru that he could ot cure. The present proprietors have re ewedI this offer. All the druggists se-li j his Remedy, together with the "Dotuche" udt -all other appliancs advised to be used - n connection with it. No cat-arrh patient longer able to say "I' cannot be (-ured." Jou get $300 in case of failure. A Somerville girl says she never mhissedl train in ail her life. She has got to the~ taiim frequently, she says, just as lthe rain was going out. but she always decided ight away that that was not the train she I lad been lookingr for. - Dianna, the Heavenly Bread. Mr. Cole, of Bitlis, a missionary of the kmerican Board, in Eastern Turkey, in lescribing a journey from Harpoot to" 3itlis, says: "We traveled for four days through a -egion where had newly fallen a remark eble deposit of neavenly bread, as the tatives sometimes call it-manna. There vere extensive forests of scrubby oaks nd most of the deposit was on the eaves. Thousands of the poor peas-' nts, men, women and children, were >ot upon the plains gathering the sweet substance. Some of them plunge into tettles of boiling water the newly cut )ranches of the oaks, which washes off he deposit until the water becomes so ;weet as to remind the Yankee of a reritable sugarin2 off in the old Granite state as he takes sips of it. Other c~m :anies of natives may be seen vigorously seating with sticks the branches,i that, 'roi having been spread on the ground, lave so dried that the glistening crys als fall readily upon the carpet spread o receive them. The crystals are sepa rated from the pieces of leaves by a sieve, and then the manna is pressed ato cakes for use. The manna is in ;reat demand among the Oriental Chris-' iana. As we were traveling through a rather dry region, the article came in play for our plain repasts." Hlow Bright's Diseas~e origitnatni. John Bright was born in 1S11. He made i tour of the Holy Land at the age of twen tv-four, but did not decide to purch.:se it, owing to the existence of a flaw in lie title. He next began to invent thir.g. On his return from the Orient he dic-ovcred that what was most needed in both Europe and America was a good relial'e disease for the. us' of the better clas-s. The poor and humble were well supplied, but the rich, the aristocratic and patrician statesmen, corned heads and porkists of the two lands languished for a good reliable disease that poor people could not obtain. So he began to sit up at night and perfect Bright's dis ease. He gained the prize at the Paris ex hibition, acd honorable mention at the great centennial celebrationat Philadelphia. for "meritorious and effective disease for the better classes." Since that time he has been gratified to notice that the very best people, both in his land and in this, a'e handling Bright's disease. It las been kept out of the poor, and to die from this ilment has been regarded as a proud dis tinction.-Bil K1ye in the Boston Globe. VerdIy, Truth is Stranger than Fiction. Wm. C. Heaton of South Carolina, while at a hotel in Philadelphia in 1865, was robbed of a valuable gold watch. He set tled in Glassboro, N. Y., and on Tuesday, the twenty-second anniversary of the rob bery, found a package on the floor of a shed adjoining his nouse. Inside was a cosily gold watch and a card bearing the following inscription- "In this box you will find a gold watch to be recognized as a substitute for the one taken f m your room in Philadelphia in 1865." Now in the parlor meet the pair When the golden day is done. Two forms with but one rocking chair, Two hearts that beat as one. A TONGUE IN KNOTS. I contracted malaria in the swamps of Louisiana while working for the tele graph company, and used every kind of medicine I could hear of without relief. I at last succeeded in breaking the fever, but it cost me over $100.00, and then my system was prostrated and saturated wits malarial poison and I became almost helpless. I finally came here, my mouth1 so filled with sores that I could scarcely eat, and my tongue raw and Ii led with little knots. Various remedies were re sorted to without effect. I bought two bottles of B. B. B. and it has cured and strengthened me. All sores of my mouth are healed and my tongue entire ly clear of knots and soreness, and I feel like a new man. Jackson, Tenn., April 20, 1886. A. F. BIUrrrox. STIFF JOINTS. A MOST REMARKABLE CASE OF SCRIOFULA AND RHEU~MATIsM. I have a little boy twelve years old whose knees have been drawn almost double and his joints are perfectly stiff, and he has been in this condition three years, unable to walk. During that time the medical board of London county ex amined him and pronounced the disease scrofula and prescribed, but no benefit ever derived. I then used a much ad vertised preparation without benefit. Three weeks ago he became perfectly helpless and suffered dreadfully. A friend who had used B. 13. B. ad vised its use. He has used one bottle and all pain has ceased and he can now walk. This has been a most wonderful action, as his complaint had baffled everything. I shall continue to usce it on him. MRs. EMMA GlRFrrHs. Unitia, Tenn., March 2, 1886.| WEBB CITY, ARK., BLOOD.| Having tested B. B. B. and found it toi be all that is claimed for it, I commendI t to any and every one suftfering from blood poison. It has done me more good for less money and in a shorter space of time than any blood purifier 1 Iver used. I owe the comfort of my ife to its use, for I have been troubled vith a severe form of blood poison for 5 >r 6 years and found no relief equal to ~hat given by the use of B. B. B. W. C. McGAu~rr. Webb City, Ark., May 3, 1886. All who desire full information about the ause and cure of Blood Poisons, sCrofula and crofulovs swellings, Llcers, sores, Ilheuma ism, Kidney complaints, Catarrh, etc , can ecure by mall. free, a copty our 32 p age Illus rated liook of wonder:;, tlled with the most rouderful and stmrtliug proof ever beltore tuown* Address, XLUOD BA LM Co. Atlanta, da. SH OW CASES. WALL CASES. )ESKS, OFFICE FURNITURE AND FIXTURES. CEEER $$OW C ECO., asille, Tenn. PITTS CARMINATIVE! FOR iNFANTi AND UEETMiNG CHIL DREN. An instant relief for colic of infants. Xres Dysentery, D~iarrhoea, Cholera nfantuna or any diseases of the stomach ud bowels. Makes the critical period f Teething safe and easy. Is a safe and leasant tonic. For sale by ali druggists, nd for wholesale by Howin, WILLET :Co., Augusta, Ga. L1FR 1EE.S FO Sfor -TERRACIF k o Engineers, Architer o i an rig men; for yoi 0 M cers. Farmers and Jidechanic. dre. ubte extention gra * $ instrument. Circula fee Invalids' Hotel ahd Surgical Institut btafr of Eighteen Experienced and Skill. ful Physicians and Sargeon.. ALL CHRONIC DISEASES A SPECIALTY. Patients treated here or at their homes. Many Lreated at home, throuph correspondence, at successfully as if here in person. Come ano see us. or send ten cents in stamps for oiii Invalids' Guide-Book," which gives all partic. ulars. Address: WoRto's DISPENSARY MEDI CAT. ASSOCIATION. 663 Main St., Buffalo, N.Y. For "worn-out.' "run-down," debilitatee school teachers, milliners, seamstresses, house keepers, and overworked women generall Dr. Pierce's Favorite Prescription Is the beat of all restorative tonics. It is not a "Cure-alL" but admirably fulfills a singleness of ppo00, being a most pQtent specific for all tose Chronic Weaknesses and Diseases peculiar to women. The treatment of many thousands of such cases, at the Invalids' Hotel and Surg i-al Institute has afforded a large experience n adapting remedies for their cure, and Or. Pierce's Favorite Prescriptien is- the result of this vast experience. For internal congesion;i. inflammation and ulceration, it is a Specific. It is a powerful general, as well as uterine, tonic and nervine and imparts vigor and strength to the whole system. It 'cures weakness of stomach, indigestion, bloating, weak back, nervous prostration, exhaustion, debility and sleeplessness, in either sex. Favorite tion is sold by druggists under our pu guarantee. See wrapper around bottle. OR SIX B01"TL28 PRICE $1.00 , FoE |5.OO. Send 10 cents in stamps for Dr.Pierce's large Treatise on Diseases of Women (100 pages, paper-covered). Address, WORLD'S DIsrmfe sAlRY MEDICAL AsSoCIATION, 68 Main Street, Buffalo, N. Y. ai UeasXant LIVEB ANTI.BILIOUS and CATHARTIC. SICK HEADACHE, Bilious Headaches Dizziness, constipa tion,. Indigestion, and BiliousAttacks, promptly cured by Dr. Pierce's Pleasant Purgative Pellets. 25 cents a vial, by Druggists. PRIVATE BOARDING. ON THE FIRST OF OCTOBER, the undersigned opened a URST CLASS BOARDING HOUSE in Charleston, for the accommodation of both Transient and Permanent Boarders. The Building, located on the northeast corner of Wentworth and Glebe streets, is conveniently near the business portion of King street, yet free from the noise of the thoroughfares. It is within easy reach from the Academy of Music and from Churches of all the different de nominations. The house has been thoroughly re paired, and fitted up in good style with new furniture and titures. Terms reasonable. For further information address - Mr.s. E. E. HASELL, or MiTs S. S. EDWARDS, u~tf Charleston, S. C. Gilder's Liver PIL LS. The justly celebrated SOUTHERN VEGETABLE PILL having been used as a household remedy for the past half century, in all the Southern and Western States, for the cure of Dyspepsia, Bil iousness, Malaria and all diseases of the LIVER, have, by their WONDERFUL CURES,' gained the supremacy over all other PILLS on the market. After one -trial you will join the cry for "GILDER'S PILLS" with the ten million people of the United States-who are now using them. If your merchant has not got them, send 25 cents in stamps to /G BQfRRETT & CO., AUGUSTA, GA. CHARLOTTE FEMALE INSTI LUTE. The current session of this Institute closes Ja-mary 21st, 1888, when~ the Spring Session begins, which ends June 6th, 1888. The present session is one of the most prosperous in the history of the Insti tute. There is room for only a few more boarding pupils. The health of the school, the accommodations of its board ing department, and the efficiency of its corps of teachers are unsurpassed any where in the South. The first of January is a very convenient time for entering. Ppils are charged only from date of entrance. R1ev. Wrv. R. ATKINSON, Principal. Charlotte, N. C. SED-ORBoKJEND~iR R..4DFIEIDREQULATOR Ib ATL ANTA.GA. R DITCHING TILE DRAINING, IC AND C RDENIN is. Carpenters 'Builes ri tsen Gan en veoin hei r tase fr en tripo, grduated cirlad pointpr fo. reabin r, 7.00. Cash wit order. Instructions with wanted.