Historical Newspapers of South Carolina

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VOL. XI. MANNING, S. C., WEDNESDAY, OCTOBER 9, 1895. NO. 11. THE FOURTH WEEk. HOW IT BEGAN WITH THE CONSTI TUTIONAL CONVENTION. Anianated Debates of Several Matters of Im portance--Propositiou to Adjourn Till J:naary-Some Articles Virtually Adopt C(ALUMBIA, Oct. 1.-Special: The past two days have been notable ones in the Constitutional Convention. Somi'very important questions have coi e up, and there has been full dis cussion on each. It was expected of course that the dispensary matter would come up, but owmug to the absence of Mr. Clayton of Florence the matter was again de ferre d. Articles viii and ix were passed to a third reading with little or no debate, in the following form: ABTg : -. -IMPEACHMEMTS. Sec. 1ihehouse of representatives shall have the sole power of irnpeach meLt. A vote of two thirds of all the members elected shall be required for an impeachment, and any officer im peached shall thereby be suspended from3-office until judgment in the case shall have been pronounced, and the p lace of- such officer shall be filled during the time as provided by law. Sec. 2. All Inpeachments shall be tried by the senate, and when sitting rfor that purpose they shall be under oath or affirmation. No person shall be convicted except by a vote of two thirds of all the members elected. When the governor is impeached, the chief justice of the supreme court, or if he be qualified, the senior justice shall preside, with a casting vote in all preliminary questions. Sec. 3. The governor and all other executive and judicial officers shall be liable to impeachment; but judgment insuch cases shall-not extend further than removal from office. The persons convicte& shall, nevertheless, be liable to indictment, trial and punishment according to law. Sec. 4. For any willful neglect of duty; oi other reasonable cause, which shall not be sufficient ground of im peachment,the governor shall remove any executiveor judicial officer on the address of two-thirds of each house of the general assembly: Provided, That the cause or causes for which said re moval may be required shall be stated at length in such address, and entered on the journals of each house: Provid ed, That the officer intended to be re moved shall be notified of such cause or causes, and shall be admitted to a hearin-g in'.his own defense, or by counsel, or by both, befdre any vote for such address; and in all cases the vote shall be taken by yeas and nays. and be entered on the journals of each house respectively. ARTICLE IX-A IEN-DMENT AND REVISION OF THE COTNSTUTION. Sec. 1. Any amendment or amend ments to this Constitution may be proposed in the senate or house of representatives. If the same be agreed to by two-thirds of the members elect ed to each.hiouse, such amendment or -'mendments shall be entered upon the journals respectively, with the yeas and nays taken thereon, and the same shall besubmitted to the qualified elec tors of the State at the next general election thereafter for representatives; and if a majority of the electors quali fled to vote for members of the gener al assembly voting thereon, shall vote in favor of such amendment or amend ments and two-thirds of each branch of the next generalassembly shall, af ter such an election and before anoth er, ratify such amendment or amend *ments, by yeas and nays, the same sall1 become part of the Constitution: provided, that such amendment cr amendments shall have been read three times on three several days, in each house. Sec. 2. If two or more amendments shall oe submitted at the same time they shall be submitted in such man ner that the electors shall vote for or against each of such amendments sep arately. Sec. 3. Whenever two-thirds of the members elected to each branch of the general assembly shall think it neces sary to call a convention to revise, amend or change the Constitution, they shall recommend to the electors to vote at the neua election for repre sentatives for or against a convention, and if a majiority of all the electors voting at said election shall have voted for a convention,the general assembly shall at their next session provide by law for calling the same, and such convention shall consist of a number of-members equal to that of the most numerous branch of the general as semibly. -MISCELANEOUS MATTERS. The article on miscellaneousmatters repoted by the committee on that ubect was then called up. '-Tomas E. Miller moved to amend Section 1 so that it would read that no person should be elected or a ppointed to any office in this State unless "he or she" possess the qualifications of an elector. Some one moved to pass over this section, as a ripple laughter was heard around the house. Then Section 2 was adopted with a rush as follows: Sec. 2. The general assembly may direct, by law, in whp.t manner claims against the State may be established and adjusted.- wsaott rsn Mr. Henderson wsaott rsn a substitute for Section 3 when Miller's amendment to Section 1 was agamn called on. On motion of Col. Sloan the amend ment was tabled. Sec. 3. In regard to divorces, was then called up, and after several amend ments and substitutes had been sent up, the section was passed over. The section as reported by the comn ndittee reads: Sec. 3. Divorces from the bonds of matrimony shall not be allowed, but by the judgment of a court, as shall be prescribed by law. The amiendments and substitutes pending are as follows: - Mr. Bowmianof Orangeburg-Strike out all after the word "allowed" and insert - in this State," thus prohibiting divorces. Mr. IHenderson (substitute)-Divor ces fromi the bonds of matrimony shall not be allowed, but by judgment of a court rendered upon a verdict of a jury; and no divorce shall be granted except for adultery: and the guilty person shall not be permitted to marry agamn. Mr. Dudley-Strike out on first line the words following the word " allow ed' so that the section shall read: "Divorces from the bonds of miatri nmony shall not be allowed: Mr. Farrow (substituted) -Divorces from matrimony shall be allowed uin dsuc regulations as may be pre-, scribed by law, for the followimg grounds, to wit: Adultery. bodily cruelty and wilful desertion for seven years. Section 4 was adopted as follows: Sec. 4. No person who denies the existence of the Supreme Being shall hold any office nuder this Constitu tion. Section 5 was passed over. Sections 6 and 7 were adopted as follows: Sec. 6. The general assembly shall provide for the removal of all causes which may be pending when this Con stitution goes into effect to courts cre ated by the same. Sec.~7. No lottery shall ever be al lowed, or advertised by newspapers or otherwise, or its tickets be sold in this State, and the general assembly shall provide by law at its next session for the enforcement of this provision. When Section S was called Mr. Hen derson offered an amendment putting the duelling proviso back into the form of the oath. Section S was then stricken out, as the oath was provided for elsewhere. The following substitute for Section 9, offered by Dr. Timmerman, was adopted: Sec. 9. It shall be unlawful for any person holding an office of honor, trust or profit, to engage in gambling or betting in games or chance: and any such officer, upon conviction thereof, shall thereby be disqualified from the further exercise of the func tions of his office and that the ollice of said person shall become vacant as in case of resignation or death. MARRIED WOMENS RIGHTS. At the night session the Section 10 of the article on miscellaneous matters was taken up: As reported by -the committee it was as follows: Sec. 10 of the article on miscella neous matter was called up then. It read as follows: Sec. 10. The real and personal prop erty of a woman held at the time of her marriage, or that she may here after acquire, either by gift. grant. in heritance, devise or otherwise, shall not be subject to levy and sale for her husband's debts, unless by her own act she makes herself liable therefor, but shall be her separate propertyand she shall have all the rights incident to the same to which an unmarried woman or a-man is entitled. She shall have the power to contract, and be contracted with in the same manner as if she were unmarried. Mr. Stanyarne Wilson offered an amendment adding the words "pro vided she shall not contract as surety for her husband." On motion of Mr. Sheppard the amendment motion was tabled. Mr. Gage of Chester offered the fol lowing substitute for the whole sec tion: Sec. 10. The real and personal prop erty of a woman held at the time of her marriage, or that which she may thereafter acquire,either by gift,grant, inheritance, devise or otherwise, shall not be subject to levy'and sale for her husband's debts, but shall be held as her separate property, and may be be queathed, devised or alienated by her the same as if she were unmarried: Provided, No gfft-or grant from the husband to the wife shall be detrimen tal to the claims of creditors. Provided, further, No married wo man shall have the power to bind her estate by any promise to pay the debt or default of another, or by any con tract of endorsement, surety or guar nty. Mr. Hutson moved to lay the substi tute on the table. M1r. George. Johnstone said that a woman should always be protected in the possession of the property given er by her relatives. Beyond that he would not go. He said that Mr. Gage's resolution sought to bind the woman and not to protect her. The substitute was then tabled by a vote of 75 to 42. After furthei- amendment the sec tion was adopted in the following form: Sec. 10. The real and personal prop rty of a woman held at the timne of er marriage, or that which she may thereafter acquire, either by gift. grant, inheritance, devise or otherwise shall be her separate property, and she shall have all the rights incident to the same to which an unmarried wom n or a man is entitled. She shall ave the power to contract and be ontracted with in the same manner as if she were unmarried. Section 1 was agamn taken up. Mr. Gray offered an amendment to strike out the words, "or appointed." This was the section which caused the trouble in the morning about women being eligible to office. The section stood thus: Sec. 1. No person shall be elected or appinted to any office in this State unless he possess the quaiiflcations of an elector. Mr. Johnstone spoke, pointing out the danger of tinkering with this mat ter. This amendment simply brought about the same trouble as Mr. Gray's other one. Women would be eligible to any appointive office. That should not be. Mr. WV. D. Evans said tnat some men had been so discourteous as to say that there was an "old gr-anny" on the suprem'e bench of this State. That term meant a woman. He intimated that Mr. Johnstone did not wish to see the present State librarian hold her of fice. Mr. Gray then withdrew his pending amendment and presented anotAher to add to the end of the section the words "provided, that women shall be ap pointed to any office." This was ta bled. The section passed to a third read ino- in this shape: Sec.- 1. No person shall be elected to any office in this State unless he pos sess the qualifications of an elector. THE DIvORCE PROBLEM. The Convention then resumed the consideration of Section 3, already quoted, concerning divorces. Mr. Henderson called up his substi tute confining the sole to the crime of adultery. Mr. Henderson said there was no possibility of divorces in the dark under his substitute and it went further and provided that the guilty party never marry again.- It was simply the Bible ground-the ground given in that great book. Some said that they were proud that South Caro ina was the only government in the ,ord that did not have a div~orce law. He did not enter into that sentiment. To have no separation for such a round was uncivilized, it was an in entive to the vile, home-destroying crime of adultery. Mr. Henderson's effort was one of the most master-ly efforts the conventi has listened to since its assem bliing. Mr. Bowman called attention to the possible manner in which the provis ion might be abused in order to secure Mr. Farrow rose to support the reso lution of Mr. Henderson, but he did not think that it went far enough. He ,'as proud to believe that South Caro lina women were the purest in the world, but he could not say that her men were better than those of any other State or country. He proceeded to speak at length. He said if they did not pass this thing they had better legalize the killing of the adulterer when caught in the act. He went on in detail to explain the complications with other States caused by the failure of this State to recognize divorces granted in another State. He qLuoted the strong utterances of the L nited States Constitution which might be construed to apply. He said they should, at least, in the name of hu manity recognize a foreign marriage.. Mr. Patton said there were three roads before the convention now in this matter. If they kept the commit tee's report, he could not tell where they were at. The issue was drawn sharp and clear, and it was for the convention to say whether it wanted divorces or not. He was, so far as he was concerned, in favor of the substi tute offered bv the member from Or angeburg. The public feeling on this subject was strong. Only one daily newspaper-The State-was for di vorce. The condition of affairs in Oklahoma and other places had its origin in the lower regions whence came the destruction of the ideal Gar den of Eden. The Bible never al lowed any such doctrine as the gen tleman claimed it did. He here asked if any one had a Testament, as he would like to verify a quotation from it- "Don't all speak at once. gentle men ." He cited a remark made in the time of Moses and drove it home most forcibly. He didn't think slavery wrong., he wished he had 100 'slaves now. If there was one subject around which should cluster sentiment it was the holy estate of matrimony, in which the people have their breeding. He concluded by quoting the labguge6f the marriage ceremony. George D. Tillman and others shook hands with Mr. Patton as he sat down amid an outbqrst of applause. Lietenant Governor Timmerman then rose with a copy of the Baptist Courier in his hand. Dr. Timmerman said that the Bible allowed divorces for the one cause mentioned. He proceeded to read what had been written on the subject by a leading Baptist preacher. It be gan with a passage relating to this subject from Matthew xviii, 3 to 10th verse. After he had read some time Dr. Smith asked him if Mark and Luke hadn't reported the same matter, and if they hadn't handled.it in directly the opposite way. Dr. Timmerman admitted the truth of this, but said Biblical writers often disagreed. Dr. Smlith-Well, that's two to one on that point, isn't it? Dr. Timmerman became a little warmed up amind the laughter that followed, and said something about Pharisees. Mr. Stanyarne Wilson called for the previous question. Senator Tillman said that there were many others who wished to speak on this important matter. He thereupon moved to adjourn, and it was adopted. The session ended at 11 p. m. A RECESS PROPOSED. During last night's session Mr. El terbe of Marion offered the following Resolved, That this convention shall adjourn on Friday the 4th day of Oc tober, prox., to meet on Tuesalay, the 14th day of January, 1896.. As it was read, a good many mem bers held up their heads in surprise. Mr. Eller be calmly moved to make the :onsideration of the resolution the spe :ial order for noon today, wvhich was adopted. Many members during the evening yrivately expressed their approbation of the resolution, saying that they be ieved it would result, if adopted, in the formation of a better Constitution; hat the farmers needed to be at home in the next few weeks and practically 1o expense would be entailed. ] IN HONOR OF JUDGE BRYAN. Mr. D. S. Henderson offered the fol owing, asking its immediate consider ttion: Whereas, it has p leased Almighty God to take from the people of this State that incorruptible jurist, Hon. eorge S. Bryan, who throughout the arkest days of misrule in South Caro ina had the courage and fortitude to ustain the rights of the people under he law, even against military rule. l'herefore be it Resolved, by this convention of the eople of South Carolina that in the eath of Judge Bryan the State has ustained a great loss and that our ympathy is hereby extended to his ereaved family. Col. Aldrich said it was eminently roper that something should be said on that resolution more than could be expressed by a mere perfunctory vote. Judge Bryan was no ordinary citizen; he served his country in peace and in ar as became a ho lie did always what he conceived to be right, no mat er at what cost to himself. 'When the nillrace of adverse public opinion was unning against him he did his duty lways. On motion of Mr.- Lowman the reso utions were adopted by a unanimous ising vote. KILLED. The following was killed: Resolution (by Mr. Buist) providing hat article 5 of the Constitution be amended byadding thereto the follow ng provision: "In all cases of mur er or manslaughter where the char ater of the deceased is called in ques ion, the character of the prisoner at he bar shall be in evidence." The following matters, uinfavorably eported, were called up, but passed ver for- the present. Mr. Henderson's resolution to enab, 1 ounties to do business on a cash >a',s. Mr. McMahan's ordinance looking 1 o the concurrence of the wvhole jury. Mr. McMahan's resolution in regard o a department of roads and forestry. A similar disposition was made of he report of part of the committe~e on ounties on county government. -. 1 D) icE-CONTINUED. When the Convention had got 1 trough with preliminaries this morn ig it resumed the consideration of the ivorce question. Mr. Henderson spoke a second time, armlv urging his amendment. Mr'. XWatson~ of Edgefield made a ost impr-essive speech in favor of i'r. Lowmaun's amendment--against ivorce on aniy ground. Mr. Jervey, on behalf of the com ittee, proceeded to support the report 1 f the committee, which is the clause ow in the Constitutiot. If the con- 1 away from the legislature then h wished to express his views. He was strong advocate of a stringent divorc law. The Biblical idea was that man could put away his wife. bit n redress was given to the woman. 11 spoke for some time. Mr. V. C. McGowan then made un of the most thoroughly eloquent argi ments heard on any matter since th convention assembled. Mr. McGowa: said that the only real argument mad egainst the scheme to have no divorc was made by the gentleman fror Aiken. *He said that this plan wq putting a premium on adultery. I d( ny that. Exactly the reverse is true. Turn loose "married women withou husbands" in a community, with a] the liberties of a married woman an, with none of the restraints of the ur married woman, and you woul. har no end of adultery. Put this propos tion to the people and you will b snowed under 40 to 1. He was prou to.live in so unique a State in respec to the sanctity of the marriage law. I this was sentiment, he. for one, wa willing to stand upon it. ft was bel ter for society at large that there shoul be no divorce at all. Once let dow the bars and there is no telling wher it will end. His friend Farrow ha argued ably and well of the effect o such prohibitory law on foreign di vorces. but that had nothing to d with the'convention granting divorces Mr. Houser knew he was only a pio my among the giants. His voice wa very weak and he could scarcely b heard as-h's preclainied that he thank ed God that South Carolina had alway stood out against a divorce law. H .went on to picture what dire result would follow the introduction of a di vorce law. He hoped that the conven tion would keep South Carolina o1 her high plane. Mr. J. H. Montgomery said in accept ing any one of the three proposition they would be doing something of mc mentons concern to their people I they were going to do anything the: should do what would protect the Stat from designing men. Their action ii giving married women all the right others had over their property wa taken because of the corrupting in fluence of a wicked, debauched oi criminal husband. Sometimes h thiought "Oh, South Carolina wha crimes are committed in thy name! Mr. Montgomery spoke at length or the matter and presented many str'ont measures why. a reasonable divorcq law should be passed. Mr. Sheppard made a -pow.erfu speech, his main point being that.a Congress might legiAe on the mat ter, the hands of our lawmakersshouk not be tied by a prohibition in our owr Constitution. Mr. Hutson then took the flooi against any divorce law. He sun marized the many arguments madl and met them in a judicial way. Mr. Ragsdale said congress had n< right to pass any divorce law for al the States. The. sentiment of thi, tate was opposectio such a law. Mr. B. B. McWhite spoke earnest13 md forcibly in favor of allowing di vorces for one cause only-adultery. Mr. Von Kolnitz opposed grantin livorces in this State; but favored th4 recognition of those granted in othei tates. Mr. Bowman then quoted what th< [ate Dr. James Furman and Dr. Lan sing Burrows, two noted Baptist di vines, had said about the constiructior >f the Biblical passage on the subject. lhey were both. agamnst divorces. Mr. Patterson moved to lay the amendment of Mr. Henderson on th<~ 4>le. The president ruled this out o: >rder. The roll was then called,.The vothe be Eng on the adoption of Mrs Bowinani imendment. T'he .result was a~s fol ows:, Yeas-Aldirh, Alexander,' 'Ashe. Austin, Barton, Bates, Behre,. Berry BoboBowmafi, Breazeale, Brice, J. S. Buist, Byrd, Cantey, Carver, Connor, looper, Cunninoham, Dent, Dougrlass, Doyle, Dudley, 'llerbe.. Floyd, Gary, lilland, Glenn. J. P.: Gooding,'Gray, 3unter, Hamel, Harrison, Hay, Jaynsworth~ Henry, Hiers, Hous'er, Eowell, Hutson,.Irby, Johnson, T. E.: Jones, Wilie,;~Kkugh, Lee, Lowman, Lyband, McCalla, McCown, .McDer notte, McGowan, Matthews; Mcar'es, \itchell Moore, .Nathans, Otts,. Par. er, P'i'rottPattersoii, Patton,Perritte, ledfeptrn, Rowlandi, Russell, Sloan, ,mith, A. J. :smith, Je'remiiah; Smith, W. C. Smith, R.~F.; Stnoak, Sprott, tokes, Stribling, Talbert, Tillmian, x. D . onplnitz, Waters, Watson, WXellsWharton, White, A. .W.;. Wit ~on-Stanyari'ne; Winkler-Total SG." Nays-Atkinson, Barry, Bowen, rice, T. W.; Den'aiis,a E. J.; Evans, WV. D.; Farrow, Field, Fitch. Fraser, 3age, Garris, Glenn, J. L.; Graham, lemphill, He'nderson, D. S. ; Hlender ;on, William; Hodges, Jervey, John ;tone, Geo.; Keitt, Kennedy, E. J.: Kennedy, J. W.'; McMakin, McWhite, VIill er, Nfontgomery, J. D.: Vontgomery, W. J.; Morriadn, Nich >lson, Peake, Ragsdale, Reed, John: logers,.Rosboroughi, Sheppard, Smalls stackhos&, Siillivan, Taylor, Tillman, 3. R.; Timmermian, Whipper, Wigg, Wiggins, Wilson, WV. B.; WVoodward -Total 49. - Senator Tillman then offered an mendmnent to.add the -words "but'the ourts of tis State shall reognize a~nd five full credit to the judgment of the :ourts of otherstates in divorce cases Senator Tilhp~an spoke in favor of .his amendment, and Mr. Patton in pposition. Mr. Klugh of A bbeville offered as a ubtitute a provision that the legisla ure could legitimize by spe.:ial act bildren borne of parents in another state, following the granting of a di rorce in that State. Mr. Patton called attention to the 'act that this would be in direct con lict with a clause to go into the legis. ative article forbidding special fegisla ion to legitimatize illegitimate chil Iren. Mr. Klugh said he was aware of hat: but his amendment could be >assed and the conflict could be easily emedied. Senator Tillman stated that he sun >lv wished to protect innocent ones. Mr. Klugh's'substitute was theni ta >led by an overwhelming vote. Senator Tillmnan's amendment met lie same fate. Mr. W. D). Evans oftlered to amend >y adding "divorces granted n other States shall have the same 'orce and effect in this State as in the state wherein they were granted." ['his was almost instantly killed. Then the section was adopted as mended by Mr. Bowman, and the arliamentary clincher was put on. Section 5, an immaterial section of he article on miscellaneous matters, as then adopted without dissent, and he article on miscellaneous matters THE RECESS FIGHT. I I Mr. Ellerbe's resolution to take a re e cees till January 14, at the conclusion . 1 of Friday' session, was then taken up. 1 ) Mr. Winkler offered a substitute s e that the recess end on October 15 at r noon, making it last for 10 days. T 8 Mr. Ellerbe hoped that this would t - not prevail. It would give practically t e no time for them to attend to pressing s 1 business at home. He and others had e no idea when they came here, that it e would take longer than two or three 1 weeks to complete the Constitution. s He, for one, regarded September as a C bad time to come here any how. . He had been willing to sacrifice t three weeks' time from his business 0 and come. We can go and come back, tj I making a better Constitution than we h - could by saying here now. We would C e have time to think of these matters. We can take all these reports home t] 8 with us and study them over. The n i doming legislature cannot have time to 0 t consider the matters we will thrust t1 f upon it all any how. We can pass s, s an ordinance relating to the election and providing for it. If there were no tl I other time that this work can be done C 1 as well, then it would be well to stay. V e Mr. Stanyarne Wilson, earnestly p I opposed any.arecess. b f Mr. Lee, of Sumter, moved to in- e - definitely postpone both motions for a Sess. . enator Tillman spoke earnestly r a inst both propositions. Messrs. h s nderson, Prince, Timmerman and a T. I. Rogers also opposed them. T Mr. Winkler said that there could b S. be no doubt that they all came here not expecting to stay longer than three v th'ree weeks. Their business at home b could not stand still for more than ei - twice that period. With whit study I they could do on important questions ti athome in ten days, they could be bet- k - tei- prepared to form a new Constitu Stion. a< Mr. Winkler. temporarily withdrew t< his amendmeni. The question came up then on a mo- al tion t: table Mr. Ellerbe's resolution, t< which prevailed on the calling of the ai roll, by the following vote: Yeas, to S5; nays. 53. ,t * Mr.Winkler then renewed his mo- le tion 7for a recess of 10 days. It was st tabled upon the calling of the roll, by ix the followipg vote, Mr. Patterson put ting the clincher on the vote: Yeas, oi 86; nays, 53- ai THE DISPENSARY. fC At the night session the dispensary section of the article on municipal t( corporations and police regulations w was taken up. Mr. Clayton's substi- a: tutawas rd, as follows: SSection In the exercise of the t police power the general asseibly a shall-have no authority to license the P saTe 6f intoxicating liquors or bever- s ageslty-persons or corporations within this. tatr. The general assembly may prohibit the manufacture and sale a f t mtoxichting liquors and .beverages s 'ithin the State, or may authorize and it eni-'wer State and county officers, bo *or-either, under the authority and li m Ahe *name of the State, to buy in n any market and sell and retail withia fa the State-intoxicating liquors and bev- 11 erages in such packages and quanti- ti ties, under such rules and regulations, s as. it. deenis expedient. a Mr. 2 avton made a vigorous speech b in support of his- substitute coverin- r, the. points he .'elaborated ast week. p He wanted the possibility of the re- P turn of the barroom nailed now, once r and for all. . There was a good deal of rambling i' debate, most of it directed td questions of order. a: Mr. Bellinger offered Senator Til. i man's .amnendment as his own, bu~t S withdre.w it. .P .It was then shown, after Mr. Hen.- ri derson -had called for the previous P4 question, that it was an absolute ne- si cessity to get the. Clayton substitute ei indefinitely postponed before the con-P vention could get Sehator Tillman's a] ~amendment before it.d Mr. Wilson, evidently laboring un- ft d.er a misapprehension as to the status s of affairs, took issue with this state- i ment. 'He - said, in the course of his iP remarks, replying to Mr. Sheppard, that he would like to know whether r~ the journal or the gentleman from tC was correct. I -Mr. Sheppard-(with great empha- ec sis)-Thie gentleman from Edgefield is . right, as he always is.3 Mr. Sheppard stated that it was not his purpose to thwart or confuse the friends of the dispensary. He simply m, wished to get the amendment of Sena- ~ tor Tillman before the house. - ,Senator Tillman then rose and stated cl in emphatic lang'uage that he hoped of the dispensary's friends would not be 16 stampeded by any such ideas as some o of them were advancing. Governor w Sheppard had stated the matter fully. er *Messrs. Patton and McCown made a some remarks and then the roll was -% called on the motion to inacfinitely h< postpone the Clayton resolution. Thesi moti6n prevailed by the following at vote:fl Yeas--Aldrichi, Alexander, Ander- th eon, Ashe, Atkinson, Barry. Barton, ba Bates, Bellinger, Berry, Bobo, Bowen, pr Brice, J. S.: Brice, T. WV.; Carver, ce Coopei, DeHay, Denn'is. .- , Doyle. D,.dley. Evans, W. D.; Far- N row, Field, Fitch, Floyd, Fraser, Gage, di Gamble, Garris, Gary, Gilland, Glenn, fr< J. P.: -Gooding, Graham, Gray, Har- w] ris, Harrison, Hay, Haynsworth, fo: Hemphill, Henderson, D. S.; Henry, mi Hiers, Hodges, Howell, Hutson, Irby, or Johnson, T. E.: Johnstone, George; th Jones, Willie: Keitt, Kennedy, E. J.; 'w Kennedy, J. W.: Klugh, Lee. Low- ny man, McMakin, Nicholson, Oliver, ed~ Otts, Parler, Patterson, Patton, Peake, St Prince, Ragsdale, Redfearn, Rogers, ca Rosborough, Rowland, Sheppard, tri Sloan, Smith, A. J. ; Smith, Jeremiah; w: Smith, R. F.; Smith, W. C.; Sprott, otl Stokes, Stribling, Sullivan, Taylor, di, Tillmnan, B. RI.; Tillmnan, G. D. - Tim- to merman, VonKonitz, Waters, Wells, thi Wharton, Whipper, White, A. H.; ha White, S. E.: Wiggins, Wilson, W.pe B.: Winkler.-Total 102- m< Nays-Bowman, Brazeale, Buist, se: Byrd, Cantey, Clayton, Connor, Cun- be ninghamn, Ellerbe, Hamel, H~enderson, du D. .S.: Hlouser, McCalla, McCaslan, ha McCown, McWhite, Meares, Mont- co gomery, .J. D; Montgomery, WV. .;. Moore, Morrison, Parrott, Perritte, Russell, Smalls, Smoak, Stackhouse, Talbert, Watson, Wigg, Wilson, Stan- Ph yarne, Woodward. Total-32. tat Mr. George J1ohnstone offered an wi amendment to strike out in the report an all that portion referring to the dispen- thi sary method. He said that lhe felt that 22, lie ivould not be doing his duty unless Pe he should submit this proposition, al- mg though he well knew the temper of the thi convention. It was tabled on motion coi of Senator Tillman, four noes being. Tb heard. fig Senator Tillman then offered his tie amendment as follows, the words quot- in ed to follow at the end of the corn- iss nissioner's report: V "Provided, That no license shall be ranted to sell alcoholic beverages in ass quantities than one-half pint, or to S ell them between sundown and jsun ise, or to sell them to be drunk on the remises; and, provided. firther. that he general assembly shall not delegate T1 he power to issue licenses to sell the ame to any municipal corporation." It was put to the house, but the vote eing close, a division was demanded. t was allowed and the amendment p ras adopted by a vote of 87 to 2(, Mr. v ,layton being among those votihg for si Pc The word "intoxicating" was strickei m ut wherever it occurred in the see- W( on as amended, and the word "alco- I olic" was substituted. This was done ar n motion of Senator Tillman. Mr. Bellinger got an amendment sh irough after much argument to allow th iunicipal as well as State and county of flicers to buy and sell in the name of - ie State with the restrict.ons pre- cc :ribed. lis Mr. Wilson offered an amendment sh iat was in substance the same as Mr. at !layton's. Senator Tillman, he said, el as afraid of the United States su- qu reme court- He was not. He wanted fo arrooms blooted out of the State for- he ver. w] Senator Tillman said that all he to ,anted to do was to wipe out -bar- ur yoms, without absolutely tying the be ands of the Legislature. . sp Mr. Henderson moved to table the be Vilson amendment and this was done sa y an overwhelming vote. ca Mr. Connor offered fin amendment. ca hich was tabled, that dispensers could su e elected by the people, or by the gen -al assembly. . Gen. R. Hemphili then offered res ie following amendment, which was illed: - Ju "And the general assembly shall en- re :t a law making the drinking of in- ad dicating liquors a misdemeanor." Mr. Farrow, when the section was res bout to be put to a final vote, moved ere > reconsider the vote whereby the tri nendment of Mr. Johnstone had been of. bled. He said that his desire was ea( have his vote recorded as against re( tting the dispensary go into the Con- to itution, and there were others there tic like condition. ch After some talk the roll was called tiC 2 motion to table Mr. Johnstone's nendment, and the vote. resulted as cal llows: Yeas 105 nays 24. Mr. Doyle offered - an; amendment >uching the question of profits. It rei as killed by a vote of 84 nays to 45 coy reS. mi Mr. Klugh offered a substitute for I e whole section after a motion to ral ljourn had been voted down. It was wa .actically the same as the amended th< 4tion, but was riiled out of order. ful The whole section was then adopted coy amended, and it had the parliamen- tha ry clincher put on it by Mr. Hender- coy >n. As it passed to a third reading pr< is as follows: tio Section 14. In the exercise of the po- tio ee power the general assembly shall str ave the right to prohibit the manu- ser ture and sale and retail of alcoholic po qnors or beverages within the State; of Le general assembly may license per- an ns or corprations to manufacture rig id sell and retail alcoholic liquors or jus verages within the State under such - des and restrictions as it deems stil oper; or the general assembly may kn ohibit the manufacture and sale an'd sha tail of alcoholic liquors and bevera- ser s~ within the State, and may author- wl1 e and empower State, county and co' unicipalotficers, under the authority s id in the name of the State to buy she any market and retail within the un :ate liquors and beverages in such ert tkages and quantities under such pr< tes and regulations as is deemed ex- qu ~dient: Provided, that no license for till be granted to sell alcoholic bev- 'J ages in less quantities than one-half da: nt. or to sell them betweensundown jec d sunrise; or to sell them to be ma unk on the premises. And provided, ow rther, that the general assembly sto all not delegate the power to issue mi enses to sell the same-to any munic- ha' al corporation. tor The article, with amendments, then titi ceived a third reading and was sent es the committee on style and revision "g< otherwise the same shape asit pass- she its second reading. ed At 10:35 p. m. the convention ad- rat uned. - Abducted by a P'riest.Ti ST. JOSEPH, Mo., :3.-Upon infor-ag ation received from Chicago at 2 :lock today, the Rev. Dominick cor 'agner, pastor of St. Mary's Catholic 1, turch, was arrested upon the charge si havino abducted Maud Steidel, the ta -year old daughter of a widow and hn te of his parishoners. The telegram I nich caused the arrest of the rever- . .d father, came from Alex. Podvant, sis) iotelkeeper of Holton, Kas. Father coti agner spent the early morning it 1~ >urs in jail. Owing to the conclu- pro eness of the evidence against him hal d the almost certainty that he would rig e if given an opportunity, it is not mo ought that he will be admitted to I il." Priests of St. Joseph, who had eviously declared belief in the inno- am nce of I' ther Wag hav.e TeTe~ apneaU to Bishop Bourke, now in, sw York, urging him to take' i'mceu te action in banishing ~ Wager rat >m the church, thia- the puiblic. . the last bee so stron~gtl inimd r'ie e h ls week. may see that his im- i rality and crime is not sanctioned wet even extenuated by the churchI au- in t ority. Only last ~Saturday night,fo ~agner issued a .newspaper card de- th ing any responsibility for or knowl- !" ge of the disappearance of Maud it s ~idel, and lie publicly and dramnati- pat Ily swore that his ~statement was trvy e. The girl is the only child of a the; dow. Alex. Podvant. her only of er living relative, this miorning in . ;cussing the case said: "I amt going is tI see that this priest is pumnished to thie a full extent of the law. We could slax ve lamxi hanged if we wistheud, as the - ople are in a high state of excite. ar mt over the affair. The ag~e of c-on- sp)u it in Missouri is 18 years,and he can rulh charged wi th r'ape as well as of ab- niot tion. I know of no op)portunity he 30 d of meeting the girl alone, savec at 80 fession. hePimHt Pro;gramm, eadiprea orPEK, Kan., Ocet. :3. -The laigtan1 plists of Kansas started an agi- )N .1 for an early convention and peo 1lurge Atlanta, Ga, as the place and d February 21 as the time, so that be Snomination can be made Februnary imu Washington's birthday. Senator doe: ier, H~on. Jerry Simnpson, (hair- tani in Briedenthal and others will ur-ge .'d .s date and place on the national amt nmitteemen in the several ~States. deal .is is done to force tihe free silver olin ht early, as they say both old par- eff s are advocating a short campainn tow order to sidetrack the inaneialI ern tie jwhm ERY LIVELY DISCUSSION )ME MEASURES CALL FORTH AN! MATED DEBAT E. le Constitutionl Coinvent ion Spends Twc ay- in the Consideration of important ;ections. CoLU~iBIA, Oct. :3.-Special: In ten St two days the Constitutional "on ntion has had a great deal of discus )n, but it has settled some vej 'im rtant matters. There was a very ompt and business-like getting to )rk yesterday morning. - There was a little debate over a new ticle providing: Sec. 4. Hereafter no county lines all be so established as to pass rough any incorporated city or town this State. Sec. That in all cases where, ac rdmg to county lines asnow estab he'.- any city or town ii this State 4ll.besituated partly in one county # partly 'in another, or others, the tors residing in such city or town, alified to.v.ote at a general election State 6fficis, shall, at an election ld for that purydse, -determine in iich of said counties and said city or yn shill be whblryllocated, and. on the result 'off0inh an election ing had and dulf certified, the re ctive cQunty lines shall thereupon deemed as established so as to place d city or town in the coanty so lo ed. The general assembly shall r'these provisions :into effect by table legislation. Section 2 was killed by a, decisive le, and Section I pased to a third ding. Ufr. Bellinger, for the committee on -isprudence,sabmitted the following )ort and asked for its immediate >ption, which was agreed to: 'The committee. on jurisprudende pectfully report that it has consid d a resolution offered by Mr. Es Ige, requiring that all the expenses the court of - general, sessions, f6r :h county be paid by the StAt,"afid :ommend that the same be referred the committee on finance and taxa nfand that this committee be dis irged from the further considera ii.of the same." rhe resolution was placed on the imdar.. . FACTORY TOWNS. dr. D. S. Henderson called up the iort of the committee on municipal -porations on the sections recom tted to them. It read as follows: 'he committee on munioip'illrpo n's and pclic regulitiorsto whom recommitted Sections 1 and 2 of earticle proposed by them, respect ly report that they haWe" carefully isidered' the same, and r*ecommend t said sections as anmended by the' iventiori do pass 'witli the followink. viso to be added at the end of Sec (i 2: Provided, Tlia; nothing in Sec as 1 and 2 of this article be -con ed~as prohibiting the general s ably from providinig- 'fdr4 iiicor ation of the manufacturing towns this Statelunder such restrictions I:, regulations as shall protect the hts of the citizens and prevent un~ t'e.firoachm ents i dh -prop'ty." ,fr.'B. R. Tillman atffered' this sub ute: "Provided, That-e'lass to be' )wn as the manufaciring towns 11 be provided by the general as bly, and shall be incorporated enever the population of su'ch a aiunity shallnumber 1,000, under :h restrictiolis arid reg-ulations as 1l prote'et the rigitfs 6f and prevent just encroachnient'upon. the prop 7 of the citizens. ln such towns no perty <(ualifications . shall be re red to vote in municipal elections oflicers. '2 'his precipitated the debate of the r.Mr. Tiliman explained his ob t in offering this amendment. The nufacturingtowns were practically ned by the company. As the law xd the citizens-employdes of the1 Is-could not obtain a charter or re the town incorporated if the fac y' presidents objected. If. they .pe oned for a charter against the wish >f the bosses thef ivould be told to ~t out." He wanted to sa it in such pe.that when a fac'tory town reach i certain size it would be incorpo ~d. Ir. Johinstone asked whether. Mr. man would incorporate a towni inst the will of its inhabitants. [r. Tillman-I want to force an i poration when the 'towns reach )O inhabitants. If' they have to 1 a petition to be incorporated they l be told by the mill owners: "Sign tand you must get out." and you >w it. [r. Johnstone (with great empha -Mr. President, I arise, to ask a teous question, and I hope I asked i a courte'ous manne', and I do test against the kind of answer I 'e received. .The gentleman has no it 'to impute such knowvledge or lives to me or any one uon thi >r. I earnestly protest sini:. tr. Tillman-I m n~ti'no reflection. .if anghiifgI said was so con teZT I withidraw it. [r. Johinstone-I am very happy to r the gentleman make that decla onl. Ir. Pr'ice, speaking for. the facto of Andersoni and Green vilIle coun Mr. Prince asserted that they nine. ten,and if they' wanted them rcould have -them for eleven iths in the'year. This convention, enmed .toii, 'was inclined to be ~rnal. Thee'nther day they wdre ng -to .project the women, now Swan ted -to protect a certain class iborers. ilman- What kind of governn-ent iat of the factory towns, if it is not most paternal? Tihey are tfite 'es, that's what they are. r. Prince-Those in my county manly citizens and they would 'n the imputation that they were d by any man. If these people are free and independent I would like e gentleman on the floor to .s r. Stanvarne Wilson i niever s:,w iLss of peole living under suc-h op9 sion as the factor'y people of spar r. Prince I w-as speaking of thpsej >le in the factor'ies bE Anderson1 Grecenville, whoD scouhl scorn toj -onsidered slaves, I regret very -ii to know that~ the s-fau 'sil not prevail amnong those of Spar mru'. as indicated- by mf frienid r . Priinc-e then declare&d that if this ndment was passed.it w'ould.be the a knell of factoi-ies in Sontb Car. a. Not bec-aus'e'it would hide'any1 :t upon the ggvern~nent -of ihev ais, but it would 'rightenot!' north-1 capital. It w o.uld not accLomfplishf: .tit as senr to do 'mi wao1 result in driving away those who had money to invest. Mr. Tillman asked Mr. Prince if he was willing to have capital to come here under conditions of white slave ry. Mr. Prince replied'in the negative and declared that no factory president in the county that be came from dared attempt to rule white people as slaves. He recited what factories were doing for the education of the children and said thht was the kind of "oppression" it seemed they wanted to save employ e s.from. Mr. Clayton opposed the amend ment and Mr. Burke favored it. Mr. Gage thought that this conven tion should not -ttempt to pass on facts. They were trying to do it, and what was the result? The gentleman from Edgefield declared that factory hands were oppressed: the gentleman from Anderson said they were not; the gentleman from Spartanburg stated that they were. Now, the facts were that none of 'them knew what they were talking about; one of them was a United States senator and none of them went into a factory more than once a year. Tillman-Do you know anything about it ? . Gage-No, I do not. Tillman-Then why don't you hush? Gage-Because you have not'hushed and I won't hush. These gentlemen come here and try and stultify them selves by making statements of facts when they are not informed and try to .make fools of us. They can't do it. Where, said Mr. Gage, is to be vest ed the power to say when a town has grown to be mg r Ts- ere are factories in many towns. Lve it to the legislature to arrange this matter as provided in the committee's report. If the gentleman from Edgefield will read that report he will see that it cov ers the ground; he is a man of sense whatever his faults may be, he has sense. . Let the legislature settle it. .-illman-That's the sting. It pro vides for a petition and they can't pe titipn. The legislature has enough corporation lawyers in it to block it. Mr. Gage-Then abolish the legisla ture. Mr. Gage weit. on to say that the imputation of Mfr. Tillman upon the members of the legislature was un woithy of him. He showed that for the last five years there had been an avErage of twenty-five towns chartered each year by the legislatire. Mr. W. B. Wilson offered an amend meat to section 2 reading as follows: "All towns having 1,000- inhabitants shall'Wbincorporated. .enator sTillman accepted that amfidment. '*Mr. Stanyarne Wilson desired to makehis position clear in the matter. .Prhaps the gentleman who had spok e 'about the, freedom of the factory .noloyees had .not seen as he had, 4,ery presidents and suprintendents staiding at the poll ha* out tick- 4 ets to their employees as t ey came -up, and if they-did not vote them the lea lers would beturned off as a warn ing.'On'e of the main causes for the large profits being made in the cotton mils was the oppression of the factory employees who-received the least pos sible compensation. Mr. Stokes offered an amendment to make the 'towns of 500 inhabitants come within the provisions of Mr. Wilson's amendment. It was declared out of order, two amendments being pending. - Mr. Haynesworthi spoke against the amendment. The people should have local self-government, and the liabili ties of municipalities should not be forced upon communities without giv ing the citizens a voice in the matter. Mr. George D. Tillman took the floor and made an impressive se. It had been said that the only thing more timid than one million dllars was two million dollars. It takes mnoney to build cotton factories; we have not got it. To get it' we must g north or to Europe. He regretted tc etfort to incorporate cotton factories. He was asfohished at the position of the gentleman from Spartanburg, the county whose wealth had been so wonderfully increased by these facto ries. In the south we have but two indtrstries, growing cotton and manu facturing it. Cotton factories are our means of converting cheap cotton into cloths instead of sending it to New England and Old England. All cot ton mill men coming south prefer to lodate factories on some waterpower in the country rather than in a city where any Tom, Dick and Harry may - be in a position to plunder them, with ta'xes. Why not incorporate two or three adjoining rice plantations on the~ coast, having 1,000 :hands! To incor porate these factories would be a dead letter. Cotton mill men would con trol the property. They go into the business to make eoney, not t gn cities. If operative are of" ve why should they not b-toieo go. These gentlemenzpoli the floor who em plovili'ands, he guaranteed, wished td'ave the privilege of telling them to "go"' if they were offensive. A Voice-They do do it. Mr. Tillman-'Of course they do. The speaker then turned to the pro p )sition to establish a bureau of labor, wiAi Thlbor commissioner. ~What would that commissioner do, he asked, except go among operatives and tell them they were not being paid enough and invite them to strike. Up north there were hundreds of tramp orators who got good wages just to go around and stir up st:'ife. These agitators do nothing but harm. .Mr. TillmanL hoped that the sections iarefully prepared by the committee d'ould be adopted. He moved to lay all the amendments on the tables Thir motion ivas withdrawn in order to per uiit further debate, .Mr. B. R. Tillman followed his biother. Hie said the legislature could not te~ trusted to protect this class of factory. eniployees. The influence of 2thby with the jiaid attorneys on the ifloordeferateid the incorporation of suchi towns. He would rather carpital stay-.aa than. epme here againstthe hi)erty, gf thie citizen. It was not pro p)osed to osertax .the. factory; their prdpert: wdiild be yrotdteit but the bject of this 'wat that when 'South irolina became the 3Massachiisetts'of hre south, and it .vas attempted to im ose upon these employees and drive herne otti the employees fould .have~ hy pgver put here enabling. .aem t'o ix pimcipal governme'nt on those owns. . Sir. Henderson renewed Mr. G. D, illman's- motion to lay on the table 11i amendments. Mr. Melowan was permitted to ~peak. l'ns was class legislation of ne rankei'tsprft. It would be inopera iv~e accog ing to the arguments of its 'red casnse if the mill men con ;rol~tthe ands now, they would con - NTT\ 'V.D ON PA(E FoL'ILI