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VOL. IX. MANNING, SC, WEDNESDAY, MARCH 2 IT 1S A GREAT VICL0RY. THE STATE WINS IN THE RAILROAD CASES. Judge Simontoa's Strong Decision Against the Rilreads-They Must Pay The!r Taxes and the Cost-Gov. Tillman Thin ki It Will End the flabt. COLrBrA, March 15.-The State of South Carolina and the present admin istration have gained a big and decisive victory in the fight with the railroads for the payment of taxes as assessed by the State Board of Equalization. Judge SimontoD, in a decision rendered at Charleston on Tuesday, the most im portant portions of which are published ordered that the South Carolina Road pay what is due the State and the costs of the proceedings. It is conceded that this decision is practically one against all the roads which have been resisting the payment, and the State government 1 now looks for the railroads to begin to settle without further fighting. It is not thought that any appeal will be taken to the Supreme Court of the United States. It is not necessary to review the pro tracted fight which has been in pro- 1 gress between the State and the rail roads for over two years. It began, 1 however, by the State Board of Equali zation taking tMe position that the railroads were not paying taxes in pro portion to the amount paid by the av erage citizen. The returns which the roads had made wereincreased to what was adjudged to be about 60 per cent. of the value of the property. It will be zemembered that the roads refused to pay except on the returns which they 1 had made and which they claimed were fair and equitable. A long fight in the 1 courts resulted, but the Inatter has nev er before come up squarely on Its mer its. Heretofore ah the cases have been on technicalities, and the State has not been wholly successful in these fights. These cases were immaterial to the main issue, onwhich the administration was confident of winning. Judge Simonton's decision is a thor ough knockout and the roads cannot fall to see it in that light. Governor Tillman was in a good humor when the reporters saw him yesteraay and asked him about the decisionof Judge Simon ton. "I regard the decision," he said, "as the conclusion of all the railroad litigation. The- case which has been decided was a test case. and we have won. I have felt confident all the time that we would win." When asked asto whether he thought there would be an appeal, he said he did not thnk so, at least in the case of the South Carolina Road. Judge Sim onton, he concluded, is the boss of that road and consequently the boss of Re ceiver Chamberlain, who is a creature of Judge Simonton s court. Whatever Judge Simonton orders must be done. 1 The other roads, whicir the decision in directly affects, inasmuch as the decis ion in regard to them will be the same as the South Carolina Road, may take an appeal to the Supreme Court. Governor Tillman, however, thinks that all the roads will pay what they oweat once, and avoid any proceedings t which might be taken to forfeit their charters, the ladt Legislature having passed an Act authorizing the forfeit ure of the charters of the roads which resist the payment of taxes imposed on them by the State. The total amount due the State by t the roads is about $200,000. This amount is the difference between what the State has all along claimed was due and the amount which the roads havet admitted was due. The roads have ev ery year paid the amount they admit-t ted tobe due. State Treasurer Bates will not have to borrow money for some time to meet the claims agairnst the State. The title of the case decidel by Judge Simonton was D. H. Chamberiain, re ceiver of the Sout~h Carolina Railway Company, against George H. Waiter,1 County Treasurer of Charleston, and Hugh Ferguson, Sheriff ef the same county. The complaint sets forth that th.. road had been returned at $13000 per mile and that the State Board raised this to $16,000 per mile, also raising the returns of the Tbree C's Road from $5,000 to $10,000 per mile. The bill al leges that this assessment is unjust, in asmuch as it is above the assessment made on the average real and personal property throughout the State, and I that the State Board of Equalization 1 violated the Constitution of the State' which provides that all property shall be taxed in proportion to Its value. The bill farther charges that the act of the board In raising the assessment is it self null and void, and the assessment Is illegal because this Is not within the1 powers of the board.I The attorneys for the railroad were Brawley & Barnwell and Mitchell & Smith, and for the State Attorney Gen-'I eral Buchanan, Ira B. Jones and Sam nel Lord.1 Judge Simonton's decision is as fol lows: It is well at the threshold to define the limit of the power of this court over the subject matter of this suit. it 1 cannot review the assessment made by the State officials simply upon thei ground that it is excessive. (Starling 1 vs. the Supervisors. 121 U. S.. 519. Nor 1 can It make a new assessment or direct< another to be made. (State Railroad Tax Cases, 92 U. 5, 615.) Nor can it 1 interfere upon the ground that the tax is illegal. (Williams vs. Albany Co., 122 U. S..,154; Legon vs. Alley, 130 U. S 1 1717.) Nor can it interfere because the < court would prefer and would have I adopted adifferenit systero. (W. U. Tel. Co. vs. Massachusetts, 125 U. S., 553;< Davenport National Bank vs. Super- 1 visors, 123 U. S., 83.) "So long as a State, by its laws prescribing the mode i and subject of taxation, does not in -trench upon the legitimate authority of the Union or violate any right re- 1 cognized or secured by the Constitu tion of the United States the Federal Courts, as between the State and the citizen,.can afford the latter no relief against State taxation however un just, oppressive or onerous it may tie. 1 (Kirkland vs. Hotchkiss, 100 U. S, 491; 1 Memphis Gas Light 210. vs. Shelby Co., < 109U.S.,308.) All these are questions i for the State alone and are within it s] police power. But when the overval uation of property assessed for taxa- 1 tion has arisen from the adoption of a1 rule of appraisemeist which coatlicts with a constitutional or statutory di rectien, and operates unequally, not merely on a single individuaz, !,ut on a large class of individuals or corpora tions the courts can give redress to the party aggrieved thereby. (Star Iey vs. SupervIsors, 121 U. 5-. 551) It is put clearly and tersely in Cummings vs. National Bank, 101 U. S., 187: "'When a rule or system of valuation is adopt ed by those whose duty it is to mane the assessment which is designed to operate unequally and to violate a fuan damental principle of the Constitution and when this rule is applied not solely to one individual, but to a large clas of individuals or corporations." We see that there is an essential in gredient. Those whose duty it is to make the assessment must adopt a rule or system of valuation with the design that It sall operate equally and vio ate some fundamental principle of the ,onstitution. Wnat is the rule or system of taxa ion adopted by the Board of Equaliza ;ion for railroads? The General As sembly of South Carola are instruct !d b the Constitution to prescribe such regulations as will secure a just raluation for taxation of all property inder a uniform and equal rate of as :essment and taxation. (Article 9, 5ection 1.) The Act passed pursuant hereto provides that "All property hall be valued for taxation at i's true ralue in money, which in all cases not )therwise especially provided for by aw shall be as follows, to wit: For yersonal property, the usual selling ,rice on the usual terms of similar ?roperty at administrator's or execa .or's sales at the place where the return s made, and for real property the isual selling price on the usual terms >f similar property at sales for parti ion under the order of court at the )lace where the return is made. If here be no selling price then what is ionestly believed could be obtained for he same at a fair sale under the con litions before mentioned ?" (General tatutes of South Carolina, Section :19.) Apart from the consideration hat even if the assessment fixed by his board on the property of complain Lt is excessive this court cannot in erfere. (Stanley vs. the Supervisors, upra.) There is no reason to think hat the board do not in the language >f the Act "honestly believe that the alue fixed by them on this property is ts selling price at a fair sale." Indeed his last conclusion is not denied. The omplainant avers that the property vas returned by him at 60 or 65 per ent. of its real value in his estimation. Ind we can presume that when it was aised by the board they acted uDder he statute. The ground for complaint s that by uniform and notorious prac ice other real and personal property Is assessed for taxation at about 50 to 60 er cent. of its value notwithstanding he Act of Assembly, and that this ac ion of the Board of Equalization for -ailroads, departing from this practice n the case of railroad property was ith the design, intent and purpose of >tting the burden of tax alone on ailroads and not in order to carry out he provision of the Act of Assembly. Evidence of this design is deduced rom the course pursued with regard ootner property in the State, and the >ractice prevailing of assessing such >operty below its real value in money, practice well known to this board md departed from by them in assess ng the property of railroads. In South Carolina the general mode f assessing property for taxation is as ollows: Each county in the State is livided into tax districts, small territo ial sub-divisions, for the sake of con rentence. The Couxty Auditor ap *oints for each tax district three free olders resident therein as a board of assessors. They meet, organize, elect chairman and proceed to assess for axation all the real and personal prop rty in their tax district. This assess nent is sent to the County Auditor, by vhom it is submitted to the County 3oard of Equalization, which consists Lf all the chairmen of the tax district >oards.' This county board meets at he office of the Auditor and examines he returns of all the tax district oards. If any property, real or per onal, has been returned below its true 'alue they raise the assessment. If bove such value they decrease it. 'hey cannot reduce the aggregate be ow the aggregate of all the returns of he tax district boards. The chairmen f the county boards constitute the tate Board of Equalization. It in urn reviews the action of a]l the coun y boards. It has the same power as o Increasing er diminishing values hat the county boards have. The Luditors of the counties act as clerks f the county boarus, and the Coropt oler General attends upon the State ioard. With regard to rail:.md property an tirely different method prevails. The iresident and secretary of each com any is required annually to make re urns to the Comptroller General of he railroad property and its value. hese returns are submitted by the 3mptroller General for consideration and action to a board consisting of tate officers, the Attorney Generai,the 3mptroller General, the Secretary of tate and the State Treasurer. Their lutes are to "equalize the value of the property of railroad companies by In reasing the value of the roads and >roperty of such company as shall in heir judgment have been returned at 0o low a~ valuation and diminishing he value of such as may have been re urned at too high a valuation." Gen ral Statutes, Section 186. The term tere used is "equalize." But as there s no aggregate to be maintained as in he case of county taxes, this word nust be used with reference to the Ian page of the Constitution anti must be onstrued to mean to secure equality. This board is entirely distinct in per onnel and other wise from the other oards above referred to. A mass of testimony has been taken Ld has been fied with the record with espect to the mode anid practice of as essent by the tax district ana coun .y boards. it would consume too nch time to go into this detail. The 'esult shows that for a long period of ine, up to recent date, and perhaps up o this time, tbe pro-visions of the Act >f Assembly have not been regarded md real and personai property have >een assessed for taxation below the -eal value in money. But nowhere does t appear in the testimony that this is he result of preconcert, connivance or onspiracy between and among the oards, such as appears in Cummings r. National Bank, supra. There is ev lence of coincidence in opinion and ac ion ot concurrence in methods and in ~eneral result, but none whatever, that s or direct evidence, of preconcert In Lction. Such concert of action may ossibly be inferred from similarity in he result, but the evidence sho ws that lthough the boards all assessed real md personal property below its real alue in money the course of the sev ral boards was capricious, without ixed method or percentage. Although he average of valuation was below he value in money in all the counties oncerning which testimony was offer. 'd, in some of the counties parcels of and were assessed some above and ome below their true value in money, ~otably in Rictiland County. Buat is his coincidence of actijn and result m the part of tax district and county 'soarus conclusive evidence of design to put the burden of taxation on rail :oad companies? Is it susceptible of )ther explanation? it would seem that it is the result of a vice in the system >f assessment. The tax district boards make the first assessment. By law they must be freeholders resident in the tax listrict. They have a direct personal in erest in a lowv assessment,and their en vironment induces them to make it. When men deai with the interest of the government and of the citizen all loubt are solved in ravor of the citi ten. This must be said, however, in explanation and perhaps in justiiica tion of the action of these boards. In an agricultural community, and in one dependent upon the well being of the agriculturists, it is impossible to fix the value of lands. A succession of ba c-mp wil maea land unsalable. One good crop will create a Wemand and a selling price. S: what land may bring if sold depends nOL on its intrin sic value so much as on the circuin stances under whic- it is sold. Taxes must be paid without regard to sea sons or crops. Hence the average val uation designated to cover a period of five years. If there be no preponder ance of evidence showing design on the part of the tax district ind county assessors to throw the burden on the railroads, is there any evidence from which such design can be inferred on the part of thi- board of (qualization for railroads? The Com ptroller Gcr eral, one of this board and from his of ficial duties and experience the leading member of the board,. probably deduct log and controlling its action in his official report to the Legislature in 1891, calls the attention of that body to the low rate of assessment of much of the property in the State and urges legislation to correct the evil. And when we consider the independent action of this board under a statute imperatively requiring them in mak ing assessment to take as a standard the true value of the property in mon ey, and also consider the admission of the bill, that the return was about 65 per cent. of the real value, $13,000 per mile, and that the increase to 316,000, making it about 80 per cent., we can not hold that this increase in assess ment is so excessive and unjust as nec essarily to indiaate the design and mo tive charged. Another objection to the action of the board of equalization for railroads is that notwithstanding the fact that a large part of the property of railroad companies is land, they are assessed annually. The State Constitution directs that lands shall be assessed every five years, and this practice is ob served with respect to all lands except those of railroad companies. This in dicates design to oppress railroad com panies, and at all events violates the fourteenth amendment. The Constitu tion of South Carolina (Article 9, Sec tion 1,) directs the General Assembly to -provlde by law for a uniform and equal rate of assesment and taxation." It gives the General Assembly full dis cretion "to prescrlbe such regulations as shall secure a just valuation for tax ation of all property." The General Assembly obeyed the direction by re quireing all properity to be assessed at its true value in money. Exercising its discretion it prescibe a set of regula tions, which, in its judgement, secured a just valuation of railread property for taxation. A railroad is a unit, every part contributing to its purposes as a whole. If it be a corporation its cor porate purpose is the maintaining a railroad and all and every part of this property must contribute to this pur pose. Its right of eminent domain is limited to this purpose. This unit is made up of lands, personal property, choses in action, easements, all depend ent upon and inseparable from each other, deviding their value irom this inseparability, from the fact that they contribute to this unit. They differ from every other species of property, and the discrimination made as be tween them and other c~rporations and individuals in the mothods and instru mentality by which the value of their property is ascertained is not invalid. (Kentucky Railr.oad Tax Cases, 115 17 S., 337; State Railroad Tax, Cases, 92 U S., 611.) The mode prescribed by the Legislature of this State is to get at the value of the plant, that is of all these elements going to make up the railroad, and to ascartain what their combined contributions making up this unit are worth. If they separated the component parts and at.empted to fix separate values upon them they would enter into an impossible task. Tle value ef the lands of a railroad de pend much on the character, and 'com-1 pleteness of its rolling stock. The util ity and consequent value of the rolling stock depend largely upon the facilities at stations and at termini, tbe amount location and character of the land used therefor. After careful consideration there ap pears no evidence of such a design as will alone give this court jurisdiction. Let an order be taken authorizing and instructing the receiver of South Carolina Railway Comnpany to pay from the funds in his bands as such received the remainder of the tax un paid and the costs of these proceedin gs CAHRI'LES H. SIMONTON, March 13, 1894. Circuit Judge. The Murderers Seen. COMBsIA, S. C., March 12.-The thread of circumstances woven around Andrews, Weeks and McCloud as the murderers of Mr.Gayden grow thicker. T wo gentlemen who arrived from Eas tover this afternoon report that the three men were seen at the mouth of the Wateree river this morning paddle ing down it in a boat. They were pul ling for all they were worth. A gov ernment snag boat is at the mouth of the river, and the people employed on it had not yet heard of the murder. They met one of a party searching for the murderers,who asked hadthey seen three men passing that way. The re ply was that three men had been seen in a boat, and the description of them tallied exactly with that of Andrews Weeks and McCloud. As sorm as pos sible word was sent to lEastover, and the searching parties mapped out a line of procedure. Mr. Frank Weston, Mr. Crousee and three or four others immediately went to Sainte~r, where they were to take the Charleston, Sumter and Northern for Vance's near the Santee bridge, for the purpose of overtaking tbem. Another party com posed of twelve or fifteen men went on horseback on either side of the river, and were to ride down and make a thorough search all along the breks and surrounding country. That these three suspecte-d men should thus be seen together seems to be almost positive proof that tney are the parties wanted. The cbances for their capture appeared good, ais It is hardly possible that they can escape the posse on both sides of the river and that at the bridge. Unless some thing unforeseen happens, John Gaty de's muroerers will be captured today or this week, at the outside. When they are, it is a questionJ whether they wilt be brought Oecek to Wedgetild. It is believed that whatever caught the-y will be hung or shot on the spot. The character of the crowd precludes any such action. They will weigh the tes stimony and act accordingly. Joined Hi b Yteti. WASHINOTON, Maich 15.-Franels EdwIn Browtell, who was a privaite in Ellworh's Fire Zmuives of Na. York, and who killed C21. Jackson, the pro prietor ot the Marshall House in Alex andria, af~er Jackson had shot and killed Col. Eilsworth, who hanled down the Conederate ilag which was iloatiniz over the Mashiall House th;e day af.er the ordance oi secasrion passed- did here this morningz. Dranuk Agae.' ROANOKE, YA, March 15 .--Col. John Hlampt m Hogte, late coosul to Amoy, China, but who got no furter than San Franect~o, from hi place he was recalled by P'residenlt Cleveland, has renounced his allegiance to the ~emocratic party. nnd appeared be f~re the Republican city committee last night -an tender.d his smee to that narty. TELLE SKINS SIERM THE OHIO SENATOR ACCUSED C TEi. LING UNTRUTHS. rho Cou,%rado Senator Pitches Into il Leader of the Goldbugs'and Dreeses H1 Down NeatTy and Thoroughly--Bla t -11 Will be PAssed To-day. WASKINGTON, March 14 -Ater tI routine moruing business, the Senate 12:30 resumed consideration of tl Bland bill. Do'iph (Rep.) of Oregon stated that Dbjection had been withdrawn to tl orinting of the exLracts which he had r Frred to in his speech yesterday, I would considerithat speech as ended. Then Teller (Rep.) of Colorado a( dressed the Senate in support of the bi] He denied the assumptioa of Sherms and of other Senators who had argue a,:ainst t',e bill, that the Act of 18! left the coinare of silver to the diser Lion of the Secretary of the Treasur and he declared that the Act was maud ory and that under it the Secreta hould coin as many silver dollars as I bad issued Treisury notes. If $155 00,000 of Treasury notes had been i ued, then 155,000,000 of silver dolla hould be coined for the redemption th- Treasury notes. He .claimed tb the diference between the purchai pric! of the silver bullio-2 and its mb value should be put into money and us f:r current expenses-because the A eclared that the seigniorage should 1 urned into the Treasury. and be also a .ued that the proper execution of ti law required that there should be f( every dollar of Treasury notes a silv( loliar lying in the Treasury ready to 1 paid out to the %nan who demanded it xchange for Treasury notes. There were one or two other poin in Sherman's speech which he desired :ontradict. Oe of them was the stat ment that there was a board of 364,00( 00 of silver dollars lying idle in tL reasury. "There is no hoard of thi kind in the Treasury." Teller asserte with empahsis. "The statement is an unLruth. She au spoKe of it as an idle hoard. The s no idle money in the Treasury of tI United States. There has been no id ilver money in the Treasury, excel that which lies behind the Treasui 2tes, to the extent of $35,000.000. Ti tatement made here by a member( he Committee on Finance (Mr. She an) and sent broadcast to the wor .hat we have'a board of $364,000,000 ( die silver money in the Treasury is al orthl! a place in this Senate. It bsolutely untrue, and is known to t atrue by every member of this bod: And yet that is the kind of food that ed ta the people by those who put th :ountry on the gold standard; and wb re not satisfied wiih baving destroye .he industries of the country, but a iow attempting'to di.grace as as Sent ;ors by showing that-we are supportin tbill infamous in its character, and b :nisrepresenting the facts to the peop >f tbc world. This debate has bee nost untair, as debate has.always beet )n the patt of the men whoadvocate tb old standard. It has been unfair i iany respects. It is unfair, or else acks in intelligence; and frequently it irifar and lacks in intelliaence als< Every dollar of silver money that hi een coined is doing money duty and i loing it with infinitely more potetc Ln power than any told money that. a circulatien in the United States. ore untair and untruthful statemer cu'a not have been made." Teller said that he would not considi t a very great d~saster ii tne counts vore on a silver basis. It was on a go] yasis now and the condition of the cout y was not a happy onie and it was otorious fact that countries which use lver as s andard money only were etter condition than the United Stati vas in. This was the only countryi ,he world. Teller said, whose legisli ors depreciated its money, Why was bat F'rance could dloat eight or nine but Ired millions of silver mone)? It wt ~ecause .no Frenchman ever dared 1 itand up in a legislative body in ti ~cutry and declare that the money I ~ountry was not good money. It wa eft ;for this country alonge to have il egislatiye members to repudia& ti ~overnment money. Since 1878 thei iadj been a :contmuued attempt by LI r reasury Department to depreciate LI iver money of the country. All LI reat commercial and banking agencit ) the country, led or supporte- by tLb reat metropolitan press, had bee ~ndeavoring to make the people belies bat silver was unfit for money and ould not discharge money duty. PT enators from Ohio, Wisconsin at )egon (Sherman, Vilas and Dolph) ha old the Senate that the American si er dollar was a forty-five cent. dolls But." Teller asked, "has it any whei railed to buy one hundred cents worn f anything which any body has to sel [t Is true that measured in gold it wi >nly bring 45 cents. b:it measuredi oir modiies it will buy sixty per cen noe of wheat, of corn and of cotto han it did in 1872. It is a dollar whic s as good as gold." George (Dim ) of Mississiupi argue support ot the bill, although he ac itted that it was "artificially drawi riapt in expression and with some au ienity in it. 1, 'was not, be said, a free coinai neasure. He wished that it were, here was any chance of its becomir aw. The bill proposed only to requit n specitic terms the coinage of'suvi sready puchased, already owned by Li ~overnment and already required t a to be comned. Wile Geo ge was still speaking, tI iour of 2 o'clock arrived, and then Ha :is (Dem ) of rennessea rose and de maded in acco- dance with the terms'i .animous consent, that, the vote I taken on Mr. Allison's motion to recol sider the vote ordermng the bi to thiu redmg. The vote was taken and Lt mntion was disagreed to-yeas 28, nal 45. as fAlows: Yeas-Aldrich, Allison, Brice, Ca iery, Carey, Chandler, Cullom, Davi Dlpb, Frye, Galhnger, Hale, Hawle: Hoar, Lodge, Mc~illin, MacPaersor Manderson, Mitchell of Wisconsin, Mo cl, PIl ner. Proctor, Quay, Smiti S2ckbridge, Vilas, Washburn, Wilson Navs-Allen. Bate, Berry. Blac] burn, tanchbard, Butler, Call, Camde1 Uockrell, Coke, Colquitt, Daniel, T bis. Faulkner, Gibson, Gordon, Hant brough, Harris, Hill; Itby. Jones of Al kansas. Kyle, Lindsay, Martin, Mill Mtch~el ot 0:egron, Morgan, Murph~ Pasco, Peife'r, Perkins, Pettigrew, Poe er, Pah.ltonsom, Roach. Shoup,. Squir Se wart Telier, Turpie, Vest, Voorhee White, Wocott-45. Te Detnocratic Senators who voti in te affirmative were: B-ice, Caffer; Mc'nersou, Palmer, Smith, and Vilat The oepu-lans who voted in the neg's tive were: Dubois. Hansbrough. Mitch ell of Oregon, Pettierew Power. Sbcup, F Squire, Stewart, Teller and Wolcott, The three Populist Senators, Allen, Kyle aqd Peifry. vo'.ed no. Manderson (Rep.) of Nebraska then e moved to refer the bill to the Committee on Fiupnce with instructions to amend it so asAo provide that the silver certifi A cates shallby increased onily in anticipa tion or in lieu of the seigniorage. He said that tNe bill had been characterized ie even by its friends as crude, rough anc it ungratatical, and that the debate bad ie shown that those who understood the English lanausge were at sea as to what is the bill meant. Manderson's motioc ie was rejected, yeas 27, nays 44. s- Then it was proposed by Harris tc ie abroga:e the agreement that the re mainder of the discussion be under tb I. five minute rule. He proposed that the 1. debate be general, a vote to be taken al a 2 o'clock tomorrow on the passage ol id the bill Unanimous consent was giver 0 and George resumed his argument ic B. support ot the bilL 7, Georize was followed by Carey (Rep i a- of Wyoming, who argued against the y bfll and then at 5.25, after a short exe ie cutive session, the Senate adjourned. SUICIDE IN ATLANTA. Samuel Cheek'i Checkered Career Sud denly Brought to a Tragic Close. e ATL&.NTA, March 9.-Samuel Cheek, t a contractor, well known in the city and d surrounding country died at the Grady ,t hospital from the effects of two bullet wounds in the left breast; and those wounds were inflicted by his own hand. For a number of years Cheek hae maintained relations of the most ami )r cable nature with his wife and children r not a jar of discord ever marring the domestic felicity of wife and husband n each appearing to have perfect confi dence in the other, while the sequel ;a shows that, during all these years, in ;' another part of the city, there has lived . another woman known as Mrs. Sam . Cheek. And this woman has borne him 8 two children. - ofHow much longer this dual existence of Sam Cheek would have gone on can only be -conjectured, but for the fact that Cheek became involved in litiga tion which resulted in a warrant being e issued for his arrest; his having to hide 8 out from the officers, and finally In a fit e8 of desperation, admitting all to his wife t and taking his own life. y The woman with whom Cheek had e been living was, when a girl of 16 yf some 10 years ago-taken to the home I. of Cheek and cared for a long time, she d having no home, and later a permanent home was secured for the girl with Mrs. Cheek's sister living a few miles away from the Cheek homestead, whlch was then in a village about 20 miles f rom Atlanta. - After a stay of nearly a year, the girl who had given her name as Bertha a Cross, but whose real name was Blanch 0 Clayton left her new home and after d visiting the Cheek family, where she e spent a few days, left them, declaring v her intention of returning to her home a -somewhere in South Carolina. y And here begins the dual life of Sam e Cheek. He had become infatuated a with the girl; brought her to Atlanta ane -bet up a second nome. And, not e withstandig his family afterward moved to this city,for years Sam Cheek n has managed to keep up his relations tt with this woman without ever exciting * a breath of suspicion, either in the - breast of his wife, or among those with . whom he came In business contact. s Remorse and reverses, however final y ly so wrought him up, that he confessed s all and wandered away-in the night, a hunted criminal, and was afterward *found by his son in an old house in the outskirts of the city dying from the self innlected wounds. r The boy had his father removed to the hospital where he died without re gamlng consciousness. a Double-Dealieg Daniel. d WASEINGTON, March 14.-I hive just seen a card publisued inthe News and courier, from the Hon. D. A. J. Sullivan, !anouncing his withdrawal a from the race in the First Congression L al District. The pubication of this tt card, as well as reports that ihave been t circulated in South Carolina, to the ef a fect that I promised him to keep Dr. 0 btokesout of the race, and the further at fact, tnat some time ago while I was ) at home in Laurnes a report was pub , lishod in the News and Courier that a 1 had telegraphed for Mr. Sullivan to e come to Laurens to get him to run for 'e Congress in the First District, compeis me tosay thatlIhave had no talk or communication with Mr. Sullivan upon ethis subject since he left Washington esome time ago. Mr. Stokes was nom s inated for Congress at Summerville, e While Mr. Sullivan was bere a and upon learning it, the lat e ter announced to me and others that it he would not be a candidate. He left e me fully impressed with that idea, and d no man was more surprised than I was, d when he announced his intention to . run, which he followed up by frequent visits to, and conferences in, Columbia, with which the public must be familiar. OIn reference to the Laurens incident, I will say that there is not a word of truth in that report. He came to my house after having telegraphed from n Charleston, my permission to see me -at my home in Laurens, to which I a consented. In cornclusion I wish to h 'say, and I hc'pe that every honest newspaper that has published these re d ports will do me the jussice to publish - this letter, that I never promised Mr. Sullivan or any one else to keep M~r. Stokes from running hat any time, or asked, encouraged or advised Mr. Sul elivan to run for Congress in that Con gressional District. J. L. M. IRBr. Pear Not the LuImottne. r PARIS, March 15.-At 2.30 o'clock this e afternoon a bomb exploded just inside the main door of the church of the yMadeleine. One person, supposed to be the author of the explosion, was e~ killed and several others were wound Sed. The explosion which was evident .ly premature, mutilated in a horrible raanner the man who was carrying the e bomb. It is generally believed that it - was the intention of the miscreant to d throw the bomb into the midst of the e worshippers, who were gathering for Sthe afterhoon service. Four persons have been taken into custody on suspi clon of being accessories of the man who was killed. Tne police had the greatsst difficulty in gretting their prisoners to the station, the mob which Shad gathered making several attempts to seize the prisoners and lynch them. SThe Madelejpe, or church of St. Mary -Magdalene, onze of the oldest places of worship in Paris, has a large congrega . tion and is especially well atteniled ,during the devotions of the lent sea son. The afternoon or vesper services were about to begin and worshippers were rapidly filling the edifice when the explosion occurred vmii Pound Rock. PEORIA. Ill., March 1.-In the Cir ,cuit Court last night, Charles Wickert, ,heavy-weight pugilist, who, on Decem ber 15, brutally beat John Behrands, d crippling him for life, was found guilty , of assault with intent to kill, and san .tenced to fcurteen years in the peniten A ROW IN COLORADO. GOV. WAITE IN DANGER OF BEING LYNCHED. The P.pnilt Governor's Stubbornness Caue the Outbreak-Poici and Militta Attagnized-Uacle Sam to the Res cue. DENVEiR. Col., March 15.-The po liticat fight waged by Governor Waite culminated today in most exciting scenes and mob viblence was imminent many times during the day. Fortun ately tne common citizen was calm and collected and the prompt action of leading citizens in leaving their busi ness and appearing in solid bodies to beg for time to consider the situation carefully, caused a delay that probibly prevented bloodshed, rioting and the I assassination of Governor Waite. In aU probability had a shot been fired, a y mot would have quickly formed that would have captured the Governor be fore cfIicial assistance could have res cued him. At 6 o'clock, the intelligence that the a Governor had called upon Gen. Mc Cook to preserve the peace, settled all fears of a contest between the militia and the police. "Soapy" Smith's crowd of sports had been sworn in as deputies t and they were placed at the hall to e await orders. From 2 o'clock until long after dark, n a dense mass of humanity was packed t in front of the city hall and upon the streets adjacent. They cheered and 51 chaffed and joked, yet did not hesitate r to express indignation at the situation. n On 14th street the first regiment of the Colorado National Guards stood, flank- t Ing the Chaffe light artillery, consist ing of four Gatling guns, with caissons n filled with ammunition. Their position n commanded the entire front of the hall and at one time the militia was under motion to attack the hall, when the 1 arrival of Secretary Lorenz with a mes- 0 sage from the Governor, stayed the at- d tack. This was for a half hour's delay si to permit another conference looking toward a peaceful settlement. From that time on, until the United States troops were called out, the most in tense anxiety prevailed. All sorts of rumors floated about. The sheriff Is- T sued an order to arrnst the militia and take their arms away. A friend of the deposed members of the fire and police board went out of the city hall to ap- U ply for a warrant to arrest the Gov- di ernor. The committee of the influen- s( tial citizens were arguing with the ri board, with the militia, with the Gov- it ernor and with 'he police, bat nothing vi was accomplished. The Governor de- ai clared he would order the militia to dre oi upon the city hall regardless of the w crowds of spectators, and the police ti board within, :is solidly maintained their position to resist the attack. T The police stood with guns in hand ti ready to charge if necessary, and Chief oi of Police Stone said he would die be- ir fore he would surrenaer: Meanwhile, c( business was practically suspended and e the crowds gathered on every corner te and upon the tops of adjacent build- s( ings. a Soon after 6 o'clock this evening, o, Chief of Police Stone received a tele phone message from Gen. McCook, tI stating that he had'ordered troops from % Fort Logan to protect the chief and aid it in preserving order. Soon after T. M. Pattersor, asked on behalf of the Gov- t1 ernor, for a ::ommittee of arbitration, t but the city hall people declined the ai offer, saying they had made a similar Ic offer earlier in the day and it had been refused. Then the attorney for the C Governor made a similar request and It d was elso ref used. It was not until morning that the fa people realized the extent of the troub- ls le, and the determination of Governor Waite to have his way regardless of E courts. When they read in the morn- G ing papers that he had ordered out the militia, they were loath to believe even G then that any trouble of a serious na- dj ture would arise.'- But as the day pass ed, the fears of all negan to rise. As :E early as 9 o'clock the more carious spectators began to assemble around B~ the city hall buildiog, and by 11 o'clock G Larimer and Fourteenth streets, for a block in each direction, were literally al packed. At 10 o'clock two wagon loads d: of breech-loading shot guns and am munition were trnloaded at police head- E quarters in the city hall. The depart ment was now equipped with a shot T1 gun arnd two forty-five Colt's revolyers L for each man In addition to the regula tion club. A quantity of dynamite rf cartridges was also stored in the police tU vaults in readiness for any emergency. it "We will hold the city hall against all attacks from the outside, if it takes F dynamite to do it," was the expression of Chief of Police Stone. "We have 110 F men on duty and they will be here as long as they are needed. If the Gov- fa ernor wants 'blood to the bridles' we will u. give it to him, Dut he cannot have the v3 city hail." By noon the crowd about the armory n was nearly or quite as great as that v: assembled at the city hall, and when the militiamen began to arrive they .a found it difficult to make their ,vay to di headquarters. The militia started from the armory promptly at 2 o'clock. Adjt A~ Gen. Tarsney was in command, assist- v ed by Brig. Gen. Brooks. At 3:15 p. m Brig. Gen. Brooks, accompanied by a four aides de camp, rode up to the city v hal, and stated that the Governor's or ders must be obeyed. Governor G Waite remained in his private rooms at v the Douglass all day and admitted no one but his closest friends, until a com- L mittee of citizens from the chamber of B~ commerce called upon him late in the. day. The result was a failure to get ri hici to consent to anything. "1 shall 1C order the militia to fire," he reiterated. "-he people way assassinate me if they J will, but 1 prouose to have my way." This was the situation when Gen. Mc- J Cook asserted his position, and pre pared to preserve the pea~e. J The history of this trouble dates back some weeks. The crisis was de- G layed because the Governor preferred iC to wait until the extra session was end ed before he acted. To understand the situation it must be known that some v: years ago, the citizens of Denver asked the Legislature to give them a new C charter that would take the police, lire v: ard public works departments out of te hands of the municipality and put if it in the hands of the boards appointed ki by the Governor. It was believed that would result in removing the matter u: from the corruption of politics. Gov ernor Waite had shown a desire to make these departments subserve his political ambitions and has tried to C make them all political boards tilled re with P'opulist followers. The board of G fire arid police has been changed re- nu peatedly to suit his whims. ?wo re- m sisted, but the Governor won his case ol before the supreme Court, which de- v cared he could remove or, cause. When ':e demanded the removal of members Martin arad Orr rec.ently they refused to go until the courts should so decide. Governor Waite, relying up on the decision of the Supreme Court in the first case, did not ask of the courts how to proceed. lie declared ' that the members had violated their L trust by placing special policemen atj gambling houses, contrar1 to law, and h he appined two new members. The Ial iepcsed members applied to the dis. rict court and obtained a temporary njunction to restrain the Governor, he mayor and the new members from aking possession of the office of the >olice and fire board by fcrce. This vas objected to, but after arguments iad been heard, Juge Graham declined o remove tbe injunction. Then, after everal days delineration, the Govern ir decided to ignore the irjunction, and o issued last night, his order to the ailitia. During the excitemennt around the ity hall, a man named Hyles. fell from is perch on a storm door entrance to te tall striking head first upon the avement, fracturing his skull. He -ill die. It is said that a warrant for the ar estof Governor Waite has been sworn ut and will be served by a posse of eputy sheriffs tonight. Denver, March 15.-8:45 p. m.-The nited States troops have arrived from ort Logan and are under command of kn. McCook. Gen. Brooks, of the tate troops, says the old fire and po ce board will be given an opportunity D fight or quit. THIS IS SERIOUS. Late tonight Governor Waite issued a order calling out every campany of lilitia in the State. They are to come ) Denver immediately, ready to act. 'he Colorado National Guard consists f two regiments, one with headquar rs here and the other in Pueblo. The atire force can muster probably- 1,200 ten. The Governor says the compa les here are not sufficient to cope with xe crowds and police force. They can ot reach Denver before Satuday. The ieriff will attempt to cause the ar st of the Governor. Anjt. Gen. Tars ey and Brig. Gen. Brooks early to iorrow morning. The United States :oops will remain in the city until eace is assured, and the piominent ien will continue to urge peaceable Leans of settlement. As Governor laite seems insensible to arguments >oking to arbitration, peace can come 3ly by the withdrawal of the city hall sople, or by some action of the courts iat will restrain the Governor. The tuation now looks serioas foir to Lorrow. T HIS s rATE'S TROOPS. te Mlitary O-ganizations We Had In Two B'g BaVies. COLUMBIA, S. C., March 16.-Tme ve rans of the State are taking the epest interest in the matter of the lection of the commissions of vete ns from this State who are to act concert with those of other States, sit the battlefields of Chickamauga id Chattanooga, and locate the spots i those two memorable fields which ere occupied by the South Carolina oops during those engagements. Adjt. Gen. Farley and Governor illman have been at word for some me endeavoring to secure the names members of the several organization the fights to be appointed on the ommissions. Representatives from ch organization, except the three bat ries already referred to, have been cured. These names are expected in few days, and then the announcement the appointments will be made. The following were the organizitions Lis State had fu the two fights, and hich will be represented on the com issions: South Carolina was represented in Le battle of Chickamauga by one bar. ry of artillery and seven regiments id one battalioa of infantry, ds fol ws: Culpeper's Battery, Capt. James F. ulpeper, McNair's Brigade, Johnson's vision. Tenth Infantry and Nineteentn In ~ntry, Col. James F. Pressley, Man ault's Brigade, Hindman's division. T wenty-four Infantry, CAl. Clement .Stevens, Lieut. Col. Ellison Capers, ist's Brigade, Walker's division. Second Infantry, Lieu. Col. Franklin aillard, Kershaw's Bridgade, McLew's vision. Third Infantry, Col. James D. Nance ershaw's Brigade, McL aws' division. Seventh Infantry, Lieut. Col. Elbert land, Maj. John S. Hard, Capt. E. J. ongons. IEighth Infantry, Col. John W. lHen ran, Kersha w's Bridadge, Mc La ws' vision. Fifteenth kfantry, .Joseph F. Gist ershaw's Brigade, McLaws' division. Third Battalion, Capt. Joshua M. o wnsend, Kershaw's Brigade, Mc aws' division. At Cnattanooga, South Carolina was presented by t wo batteries and thir en regiments, and three battalions of fantry, as foilers: South Carolia Battery, Capt. Win. W. ickling. South Carolina Batterp, Capt. T. B. erguson. Tenth Infantry and Nineteenth In 6ntry, Maj. James L. White, Maniga t's Brigade, Patton Andreson's di Sion. * Second Infantry, 301l. John D. Ken ady, Kershaw's Brigade, McLaws' di tsion. * Third Infantry, Cat. James D. ance, Ker.:haw's Brigade, McL a ws' vis ion. * Seventh Infantry, Col. D. Wyatt, iken, Kershaw's Bridge, McLaws' di ision. Eighth Infantry, C3l. John W . Hen tan, Kershiaw's Bridge, McL'aws' di selon. Fif teenth Infantry, C31. Joseph F. ist, Kersha w's Bridge, McLaws' di tsion. Third South Carolina Battalion, bent. Col. William G. Rice, Kershaw's rigade, McLaws' division.* First Infantry, CJol. Franklin Kilpat et, Jenkins's Brigade, Hood's divis 11. *Second Riiles, Col. Thomas Thomas, enkin's Brigade, Hood's division. *.Fifth Infantry, Ca1.- A. Coward, enkin's Brigade, Hood's division. * Sixth Infantry, Col. John Bratton, enkin's Brigade, Hood's division. * Hampton Legion, Col. Martin WV. ary, Jenkin's Brigade, HIoo:'s divis an. * Palmetto sharpshoot~er, Col. Joseph ralker, Jenkin's Brigade, Hood's ai .sion. * Sixteenth Infantry, Col. James Mg uLlough, Gist's Brigade, WValger's di sion. * ?wenty-feurth Infantry, Col. Cle ent H. Stevens, GisL's Brigade, Wal Cr's division. * Detached Novem~ber 4 to Knoxville 2der Longstreet. Fate e f Forg, r. PHILADELPHIA, March 15.-Daniel .Camp, who returaded that be rep sena~d J. M. High & Co., of Atlanta, a., and througn f~rgries ut inat tiem'% Line atempi~ed to swinule John Wana aker and other well known firms out large sums oi money was today con eted mi fbrgery and sentencea to six ~ars imprisonment. A a,rtrediaZz lueat. LACRENs, March 15.-A ten-year d son or Mr. J. A. Madden was killed ree miles t:omn this city by linhtning ~ster day -atternoon. Mr. Madden, the acu~er, and several childr en were re ruing fromn school. The little fellow"% it was torn to pieces, his haIr burned td his neck broken. MURDER AT '.ASTOVER. MR. J. F. GAYDEN KILLED BY THE 1 HIEVES HE PURSUED. Richlet d and Sumter Aronted by a Foul MurdPr-The ltcresting Story of Gay den's FAtil Chase atte! the Robbers Ready for a Lynchina Bee. WEDGEFIELD, Sum.ter C.uaLv, March ]-.-Mr. J. E. Gayden. a well-known and most r.opular citizen of Richlana County, who lives at E istover, was mur dered late last night near this place. Mr. Gavden, had taken a young lady home from ibe 9 o'clock train on the Atlantic Coast Une, and was on his way back to bi' residence when he saw a light in the depot at Eastover. He called to the person in the depot think log that it was the night watchman. The man in the Cepot ran and Mr. Gay .den pursued him, but could not catch him. He aroused the whole town, but for various reasons no one would go with him to pursue the thief on ac:ount of the latenees of the hour. Mr. Gayden, is a very courageous man and determined to pursua him himseh. He said he was going and he caught tne next traln. He ,ot cff at the Watereejunction and noth 'ng more was beard of him until this morning, when his dead body was found lying along the railroad side a little dis tance above this place. He had a bul let in his neck and had been struck on the forehead by a heavy instru cent. The peoDle here were mystified, but they knew Mr. GaSden and telegraphed back to Eastorer. They suspected at once that he bad caught up with the thieves and had been murdered. There was great excitement about Eastover and a special coach was attached to a freight train, which brought a large crowd armed witi shotguns and pistols to the place this afternoon for the pur. pose of searching for the murderer. Nothing was known as to who or where the murderers were, but there was a de termination pictured on every face to bring the murderer to justice swift and sure, without the farmality of a legal trial. How Mr. Gayden came to be shot is not positively know, but the theory is that after getting cff the train he came up with the robber or robbers and they shot im. The murderer fired five shots at him and then jumped out of the rail road cut and went some distance in an .j 'ning field. He came back to where his vc;im lay, probably to see what damage his bullets had done. AU this is from tracks which were carefully traced from where Hr. Gfyden fell. At a certain point in the field the murderer had emptied the shells from his pistol and lef& them lying there. Mr. Gayden, before he left Eastover, borrowed two pistols and both of them were found on his person. One of them was in his hand but had not been fired. One cham ber was empty, but it was so when he got it. There are two theories advanced as to who the murderer are. One is, and it is the most plausible theory, that a negro named John Cloud did the kill ing. When the robber was in the depot he was trying to break open the safe. He had pulled off his coat and laid it on the floor, and when Mr. Gayden called to im he ran and forgot to take it away. It was icuad there last ight, and the negro dump hand at Eastover positive. ly identified it as a coat that he had seen Cloud wearing about sundown that af ternoon. He had talked to Cloud and had no doubts as to the identity of the coat. Cloud is from Sumter, hut has been living near Eastover lately. E has suddenly disappeared, and this in it self' is a suspicious circumstance. Some gentlemen at this place are inclined to beleve that two white men were con nected with the killing. Two tramps and a negro were snen at the junction yesterday and they said they were go ing to E istover, but would be back that night. The tracks leading from the place where the murder occurred show that the man had about a number 7 shoe and had a high instep. The coro ner has been holding an inquest here to day, but so far the above are in substance facts as developed. Mr. Gayden's body was brought to this place and was prepared for burial. It now lies .a a box car on a side track, but will be uaken back to Eastover to night. The crowd from Eastover that came down are the best citizen of the. community. They are quiet but deter mined, and should they catch the right man or men short work will be made of them. Mr. Gayden was a universally popular man and was prominent citizen of the vicinity. He was at one time county commissoner, and was postmas ter at E astover when killed. He leaves a wife and a large family. It should have b en mentioned bsfore that Mr. Gayden knew the direction the robber took, and that is why he took the train to over uke him. ~He carried a lantern, and this probably gave the robber the best opportunity to shoot with fatal eftect. The lantern was faund a short distance from Mr. Gayd nadh' was still bura ig, only one shot hit hiida the left side of the neck. The bullet was a38 '' ad went clear through. It was picke'. up on the embankment this morning ,covered with blood. John Cloud, the suspected man, is about five feet six in ches tall and is rather heavy set. He is of a dark ginger cake e lor, and has oze toot'i out on tbe right side. Telegrams have been sent to Samter and .other points asking that a close watch be kept fr such a man.-News and Courier. rell D..ad in Court. UNIoN, March 10.-Mr, Coaries C. Cup, one of the most prominent and able lawyers of thet Union Bar, died very saiddenly to nigat. Wnile sitting in the bar listeamng to judge Meltoa's speech in the 8.ms case ne fainted. Doctors were summoned and hewa taken in one of thejlry rooms. wherd he died mn tea minutes. Mr. Calp was just in the prime of life and app trent y ecjoying the best ot nealta. lle was oe of tae plaintiff's attorneys in t'ie sims Jones case, which is no sv on triaf nere. He had about an hour before completed his argument before the jury, andi it has been commented upon iv many porsons as one of trie ablest efforts of his life. lHe was an im pressive speaker and was a born orator. He was auout 38 year old and has been practicing at the Union Bar since his raduation. He leaves several bro. Eiers and a host of friends to mourn hls untimely end. Court proceedings were immediately snspendedi and lovintg hands couveyed the remains to his ome. The symnpathy or the entire community is with the family in their sad bereavement.-Ne ws and Courier. D ynamitIe. MADRID, March 10.-A dynamite car tridge was exploded today in Funte Rebol, province ci Seg via, old castle. .LuZ tLe alcide, or locali udge, and aliu kiliug the sacristan ot the local church. The exnlosion is believeci to be e enrkr of :t Arcmosist.