The Manning times. (Manning, Clarendon County, S.C.) 1884-current, March 25, 1896, Image 1

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4. 4 1 I VOL. Xl. -. S. 25. 1896. N07.357 THE LAW AS TO LIQUOR. THE FULL TEXT OF THE NEW DIS PENSARY LAW. Desigued to Dodge Isnes Pending Itefore - the Court--A Provision as to Iuaptrted Liquors-A Bill With Many Features. !Concluded from last week.] Sec. 16. Every dispenser shall keep a strict accouat of all liquors received by him from the State commissioner, in a book keut for that purpose, which shall be subject at all times to the in spection of the circuit solicitor, any peace officer or grand p~zror of the county, or of any other citizen, and such book shall show the amount and kind of liquoas procured. the date of receipt and amount sold, and the amount on hand of each kind for each month. Such book shall be produced by the party keeping the same, to be used as evidence on trial of any prose cution against him on notice duly served that the same will be requiied as evidence. Sec. 17. The payment of the United States special tax as a liquor seller, or notice of any kind in any place of re sort, or in any store or shop, indicat ing that alcoholic liquors are tuere sold, kept or given away, shall be held to be prima facie evidence that the person or persons paying said tax and the parties displaying such notices are acting in violation of this act, and unless said person or parties are sell ing under appointment as prescribed by this act, they shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment for a term of not less than three months nor more than 12 months. Conviction in the United States courts of illicit sale of liquors shall be taken as prima . facie evidence of violation of the pro visions of this act, and any distiller or manufacturer of liquors containing alcohol so convicted in the United States courts shall, by reason of con viction -ferfeit the permit or license granted by the State board of control in addition to the other penalties here in provided. Sec. 18. Licensed druggists conduct ing drug stores and manufacturers of proprietary medicines are hereby au thorized to purchase of dispensers of the counties of their residence intoxi cating liquors (not including malt) for the purpose of compounding medi cines, tinctures and extracts that can not be used as a beverage. The dispen er shall not charge such licensed dru ists more than 10 ner cent. net pro ts for liquors so sold.' Such pur chaser shall keep a record of the uses to which the same are devoted, eiving the -kind and quantity so used, and quarterly they shall make and file with the county auditor and with the county board of contral sworn reports, giving a full and true statement of the quantity and kinds of such liquors purchased and used, the uses to which the same have been devoted, and giv ing the name of the dispenser from whom the same was purchased, and the dates and quantities so purchased together with an invoice of each kind -still in stock and kept for such com poundings. If said licensed druggist shall sell, barter, give way or ex change, or in any manner dispose of, said liquors for any purpose other than authorized by this section, he shaflupon conviction forfeit his li cense and be liable to all penalties, prosecutions and proceedings at law and in equity provide against persons selling without authority, and upon such convicticn the clerk of the court shall, within 10 days after such judg ment or order, transmit to the board of pharmaceutical examiners the cer tified record thereof, upon receipf -of which the said board shall strike the name of the said druggist from the ~ist of pharmacists and revoke his cer tificate: Provided, That nothing here in contained shall be construed to aur thorize the manufacture or sale of any preparation or compound, under any name, form or device, which may be used as a beverage whbich is intoxicat ing in its character: And, provided, further, That the State commissioner shall be authorized to sell to manufac turing chemists and wholesale drug gists alcohol by the barrel at not ex ceeding 10 per cent, above the net Sec. 19. If any person shall make any false or fictitious signature, or sign any name other than his or her own to any paper required to be sign ed by this act without being author ized to do so or make any false state ments in any paper, request or appli cation signed to procure liquor under this act, the verson so offending shall be guilty of i misdemeanor and upon conviction thereof shall be punished by a fine of not more than $25 or to be imprisoned not more than 30 days. Sec. 20. 1f any dispenser or his clerk ----eall make false oath touching any matter required to be sworn to under the provisions of this act, the person so otfending shall, upon conviction, be punished as provided by law for perjury. If any county dispenser shall procure any intoxicating liquors, from any other person than the State com missicner, or make any false return to the county auditor, or use any re quest for liquors for more than one sale, inr any such case he shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of $500 or six months' impnrisonment See. 21. Every person who shall, directly or indirecotly, keep, or main tain by himself or by associating or combining with others or who shall in any manner aid, assist or abet in keeping or maintaining any club. or other place in wh-ich any intoxicating liquors are received or kept for use, barter or sale as a beverage, or for dis tribution among ~the members of any club or associaticu by any means whatever, and every per son who sball receive, barter, sell, assist or abet an other in receiving, bartering or selling any -alcoholic liquors so received or kept, shall be deemed guilty of a mis demeanor, and upon conviction there of shall be punished by a fine of not less than $100 nor imore thari $500, or by imprisonment for a term of not less than three months nor more than 12 months; provided, that the State board of controt shail have the p~ower, upon a proper showing, and under -such rules as they may adopt, to exempt hotels where tourists or health-seekers resort from being considered nuisances or as viciating this act by reason-of any manager of such hotels dispens ing liquors bought from the dispen saiy by the bottle, either night or day, but before any such exemption shall be g-anted the State board of control shall require the manager of such hotel to give a good and sufficient bond in the penal sum of $-3,000 con ited for the observance of all the rules, regulatious and restrictions pre se! ibed and imposed by the said board and with all the requirements of this act anj it shall be !axful for any con stable or oflicer thus emiploy, d under this act to enter such hotel-and search it for cortraband liquors at any time, day or night. without a warraut. Ste. 22. All places where a!ceholic liquors are niatufactured, sold. bar tered orgiven away in violation of this act, or where persons are permit t-d to resort for the purpose of drink inz alcoholic liquors as a beverage, or where alcoholic liquors are keot for sale, barter or delivery in violation of this actiare hereby declared to be com won nuiances, aud any person may go before any magistrate in the couu ty and swear out au arrest warrant on personal knowledge or on information and belief, charging said nuisance, Riving the names of witnesses against the keeper or manager of such place and his aids and assistants, if any, and such magistrate shall direct such arrest warrant either to the sheriff of the county or to any special constable, commanding said defendant to be ar rested and brought before him to be dealt with accoiding to law, and shall issue a search warrant in which the premises in question shall be particu larly described, commanding such sheriff or constable to thoroughly search the premises in question and to seize all alcoholic liquors found there on atd dispose of them as provided in section 38 and to seize all vessels, bar fixtures, screens, bottles, glasses and appurtenances apparently used or suit able for use in retailing liquors to make a complete inventory thereof, and deposit the same with the sheriff. That under the arrest warrant the de fendant shall be ariested and brought before such magistrate and the case shall be disposed of as in case of other crimes beyond his jurisdiction, except that when he commits or binds over the parties for trial to the next term of court of general sessions for the county he shall make out every paper in the case in duplicate and file one with the clerk of the court for the county, and immediately transmit the other to the solictor of the circuit, whereupon said solicitor shall at once apply to any circuit judge at chambers within that circuit, or to the nearest circuit judge if there be none in that circuit, for an order restraing the de fendants, their servants or agents, from keeping. receiving, barterine, selling or giving away any alcoholic liquors until the further order of the court. Such circuit judge is hereby authorized, empowered and required to grant the said restraining order without requiring a bond or under taking upon the hearing or receipt by him of said papers from the court of the said magistrate by the hands of the solicitor; and any violation of said re straining order before the trial of the case shall be deemed a contempt of court and punishable as such by said judge or court, or any other circuit judge, as for the violation of or der of injunction. Upon convicton said defendants of maintaining said nuisance at the trial, they or any of them shall be deemed guilty of a mis demeanor, punishable by imprison ment in the county jail for a term of not less than three months, or a fine of not less than $200 or by both, in the discretion of the court, and the restraining order shall be made per petual. The articles covered in the inventory, which were retained by the sheriff, shall be forfeited to the 9tate and sold, and the net proceeds sent to the State . treasurer, and the sheriff shall forthwith proceed to dispose of the alcoholic liq'uors covered by said inventory as provided for in this act as when other liquors are seized. Liquors seized as hereinbefore. pro vided, and the vessels contaimag them, shall not be taken from the cus tedy of the officers in possession of the same by any writ of repelvin or other process while the proceedings herein provided are pending. No suit shall lie for damages alleged to arise by seizure and detention of liquors under this act. Any person violating the terms of any restraining order granted in such proceedings shall be punished for contempt by a fine of not less than $200 nor more than $1,000, and by imprisonment not less than 91 days nor -more than one year. In contempt proceedings arising out of the violation of any injunction granted under the provisions of this act, the court, or in vacation, and judge thereo, shall have power to try summarily and punish the party or parties guilty, as required by law. The affidavits upon which the attach ment for contempt issues shall make a prima facie case for the State. At the hearing upon the charge of con tempt, evidence may be oral or in the form of affidavits, of both. The defendant shall not necessarily be discharged upon his denial of the fact stated in the moving papers. The clerk of court shall, upon the application of either party, issue sub poenas for witnesses, aad except as above set forth, the practice in such contempt proceedings shall conform as nearly as may to the practice in the court of common pleas. That when any solicitor neglects or refuses to perform any duty, or to take any steps required by him of the pro visions of the preceding section, or by any of the provisions of this act, the attorney general, on his own motion. or by request of the governor, shall in person, or by his assistant, proceed to the locality and perform such neglect ed duty, and take such steps as are necessary in the place of such solici_ tor, and at his discretion cause a pros ecution to be instituted, not only in the matter so neglectea, but also a prosecution against the sclicitor for malfeaance or misfeasance in oilice. or forofficial misconduct or for other charges justified by facts and to persue the prosecution to the extent of a con viction and dismissal from oflice ot any suha solicitor. And in such event the attorney gen e-ral shall be. and is hereby authorized and empowered to appoint one or more additional assistants who shall each have while actually employed the saie copensation, to be paid frtm the litigation f vnd of the attorney gen eral. Any. duty herein imposed upon a solicitor mcay be performed with equal force and affect by the attorney gener a or other person authorized by him to perform such duty. Sec. 22. The managers of every reg istered distillei-y of hiquor in this State shall report quarterly to the Senate board of control, showing the number of gallons of each kind of liquor on hand, manufactured or disposed of dur ing the quarter; and if the said report Ifail to correspond with the return of Isaid distiller to the United States rev enue collector of this State, or it is of liquor contrary to this act. said dis tillery shall be deemed to be a com mon nuisance and the said manager and his aiders and assistants and the premises shall be proceeded against as in this act provided as to places where liquors are sold contrary to this act. Sec. 24. In all places where liquors are unlawfully kept or stored, the same not being in an open house or exped to view, and a search being necessary, upon affidavit to that ef fect or on information and belief that contraband liquors are in such place. a search warrant may be issued by a justice, judge or magistrate, or may or or intendant of a city or town, to whom application is made, empower ing a constable, or any person who may be deputized, to enter the said place by day time, or in the night time. and to search and examine the said premises for the purpose of seiz ing the said contraband liquors there in concealed, kept or stored, which said liquor when so seized shall be disposed of as hereinafter provided. Sec. 25. That any of the liquors set fourth in Section one (1) of this act which are contraband, may b seized and taken without warrant by any constable, sheriff or policeman while in transit or after arrival, whether in possession of a common carrier, depot agent, express agent, private person, firm corporation or association, and reported to the State commissioner at once, who shall dispose of the same as hereinafter provided: Provided, That liquors purchased outside the State, owned and conveyed as personal bag gage, shall be exempt from seizure when the quantity does not exceed one gallon. Sec. 26. That the possession of said illicit liquors is hereby prohibited and declared unlawful, and any obliga tion, note of indebtedness, contracted in their sale or transportation is de clared to be absolutely uuli and void, nor shall any action or suit for the re covery of the same be entertained in any court in this State. Sec. 27. That the proceedings against liquor so illegally kept, stored, sold, delivered. else where than at hisor her residence, transported or being trans ported, shall be considered a proceed ing in rem, unless otherwise herein provided. Sec. 28. That the carriage transpor tation, possession, removal. sale, . de livery or acceptance of any of the said liquors in any package, cask, jug, box or other package, under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the casks, packages or boxes containing the same, or the causing of such car riage, transportation, possession, re moval, sale, delivery .or acceptance. shall work the forfeiture of said li quors or liquids and-casks or packages, and the person or- persons so offend ing, knowingly, be subject to pay a fine of not less than one hundred dol lars nor more than five hundred dol lars, or imprisonment for the term of not lesss than six montns nor more than one year, and the wrongful name, address, mark, stamp or style on such liquor when seized shall be considered evidence prima facie of guilt. The books and way bills of the com mon carrrier may be examined to trace said liquor to the shipper, wbo shall be liable, upon conviction, in a like penalty. Sec. 29. That all constables, deputy constables, sheriffs'. magistrates or municipal policemen shall have the right, power and authority, and it shall be their duty, whenever they are informed or suspect that any such susicious package in possession of a common carrier contains alcoholic li quors or liquids, to detain the same for examination for the term of twen ty-four hours without any warrant or process whatever. Any constable, deputy constable, sheriff or magistrate who shall neglect or refuse to perform the duties required by this act shall be subject to suspension by the governor. Any sheriff or magistrate seizing any alcoholic liquors or liquids as required by this Section shall be paid one-half tie value of said liquor or liquids so soon as the same shall have been re ceived at the State dispensary, approv ed and disposed of according to law. Sec. 30. That any interference by any person with, obstruction or resist ance of, or abusive language to, any officer or person in the discharge of the duties herein enjoined or the use of abusive language by any such offi cer or person to any person or persons, shall be deemed a misdemeanor, and the person or persons so offending shall, upon conviction, be punished, by a fine of not less than one hun dred dollars, nor more than five hun dred dollars. or imprisoned for a term~ of not less than three months nor more than twelve months. Sec. 31. In all cases of seizure of any goods, wares, merchandise, or any other property hereafter or here. tof ore, made as being subject to .for feiture under any provisions of this act or any former act, which in the opinion of the officer or person making the seizure are of the appraised value of fifty dollars or more, the said officer or person shall proceed as follows: First. He shall cause a list contain ing a particular description of the goods, wares or merchandise seized to be prepared in duplicate and an ap praisement there of to be made by three sworn appraisers to be selected by him, who shall be respectable and disinterested citizens of the State of South Carolina residing within the countyv wherein the seizures was made. Said ~list and appraisement shall be properly attested by the said oflicer or person and the said appraisers, for which service each of the said apprais ers shall be allowed the sum of one dollar per day, not exceeding five days. to be paid by the State Board of Control. Second. If the said goods are believed by the officer miaking the seizure to be of less value than tifty dollars, no appraisement shall be made. The said officer or person shall proceed to publish a notice for three weeks, in writing, . at three places in .the county where the seizure was inade, describing the articles and stat ing the time and place and cause of their seizure, and requiring any per son claiming them to appear and make such claim within thirty days from the date of the first publication of such notice. Third. That any person claim ing the liquors or other property so seized as contraband within the time specitied in the notice may file with the State Board oi Control a claim, stating his interest in t'e articles seized and may. execute a band to the State Board ot Control in the penal sum of lie hundred dollars, with sureties, to be approved by the said State Board of Control, conditioned that in the case' of condemnation of the articles so seized the obligors shall pay all the costs and expenses of the proceeding to obtain such cnremnain; nn upon the deliveny of such bonds to the State Board of Control, he shall trans mit the same with the duplicate list oi description- of the goods seized to the solicitor of the circuit in which such seizure was made, and the said solici tor shall prosecute the case to secure the forfeiture of said contraband liqu ours or liquids in the court having jurisdiction. Fourth. If no claim is interposed and no bond given within the time above specified, such liquors shall be forfeited without furthe proceedings. and the State commissioner shall have the said liquors tested by the State chemist, and if pure shall furnish the same through the State dispensary. If not pure the same shall be destroyed by the chemist of the South Carolina college, who shall make a report to the State Board of Control of the amount and kinds of liquors so destroyed: Provided, That in seizures in quanti ties less in value than fifty dollars of such illicit liquors or liquids, the same may be advertised wittt other quanti ties at Columbia by the State Board of Control commissioner and disposed of as hereinbefore nrivided: Provided. further, That the claimants of such liquors may give bond in one hun dred dollars as when the value is fifty dollars or over, and shall bear the bur den of showing before a magistrate that they have complied with the law and that the liquor is not liable to seizure. Sec. 32. Thatall fermented, distilled or other liquors, or liquids containing alcohol, transported into this State, or remaining herein for use, sale, con sumption, storage, or other disposition shall, upon introduction and arrival in this State be subject to the opera tion and effect of this law to the same extent and in the same manner as though such liquors or liquids had been produced in this State. Sec. 33. That no person, except as provided in this act, shall bring into this State, or transport from place to place within this State, by wagon, cart or other vehicle, or by any other means or mode or carriage, any liquor or liquids containing alcohol, under a penalty of one. hundred dollars or im prisonment for thirty days for each offense, upon conviction thereof, as for a misdemeanor. Any servant, agent or employee of any persons, corporations or associations-doing busi ness in this State as a common carrier, or any person whatever( except an of dcer seizing or exawining the same,) who shall remove any intoxicating liquors from any railroad car, vesse or other vehicle of transportation at any plnce other than the usual and established 'stations wharves, depots or places of business of such common carriers within some incoporated city -or town where there is a dispensary. or who shall aid in or'co'sent to such removal, or attempt to remove, shall upon conviction be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for a term of not l-ss th.a three months nor more Mtan 12 months: - Provide-d, That said. penalty shall not apply to any liquor in transit when changed from car to car to facilitate transporta tion across the State: Provided, That this section does not apply to liquors purchsed from- a dispensary and- bear ing the proper label or certificate. All liquors in this State. except dispensary liqaors and those passing through this State, consigned to points beyond this State shall be deemeddontraband; and may be seized in transitwithout 'war rant. And any steamboat, sailing ves sel, railroad, express company or other common carrier transporting or bring ing into this State, for sale or use therein except by the dispensary, shall su~er a penalty of $500 and"- costs for each offense, to be recovered by the solicitor of the circut or the attorney general by an action brought theref or in any court 6f competent jurisdiction. The State constable, sheriff, munici pal police or any lawful constable may entei any railroad car, or express car,. or depot, or steamboat, or other vessel, vessel - without warrant and make search for such contraband liquors, and may examine the way bilis and freight books of said common carriers, and anyone interfering with or rasist-. ing such offcer shall be junishe'd by a fine, of iiot less than $100 nor more than 2300, or imprisonmentfor a term of not less than three months, nor more than twelve months. . - Sec. 34. That any person detected openly-or in the act-of violating ariy of the provisions of this 'act, shall be liable to arrest without warrant: -Pro vided, A warrant shall be procured within a reasonable' time thereafter. Sec. 35. That in'case of conviction of violations of any of the -sections of this act where punishment is not espe cially provide for, the person or per sons or corporations so convicted shall be punished in the discretion of the court trying-the same. All alcoholic liquors, other than domestic wine, which do not have on the package in which they are contained the label and certificates going to show that they have been tested by the chemist and purchased from a State officer author ized to sell them are hereby declared contraband, and on seizure will be forfeited to the State, as provided in section (30 ?): Provided, That this sec tion shall not apply to liquor held by the owners of registered stills in bond ed warehouses. Persons having li quors which they wish to keep for their own iuse may throw~the prctec tioh of the law arourid .the same by furnishing an inventory of the. quan tity and kinds to thd State- oommis sioner and applying for certificate; to alix' thereto. - -- A-ny persons a-ffixing-c-r causing to be affixed to -any lpackage cantaining alcoholic liquor' any imiitati&n itamp or other printed of e-ugravidjlf:el'or device thian: tho'ss furnished Uf t~heI State board of control shall,. fo eaqh, otfense, be liable to a i~eenalty of 10 da s' imprisonment or $25 tiue. : . sec. -30. Everyr. persoa. who. dispos sesses or- rescues from a constable o'r other oftficer, or attempts so to do, any1 alcoholic liquor taken or-detained by such ofiicer enia'rged with the edforce-1 ment ofthis l-aiv -shall, uj~on ' can'ic tion, be insprisoned not hs~s ita three uiontihs nor iore than twelve-mounths,! or pay a fine of not less than $100 nor more than $500. Sec. 37. -Any person handling con traband' liquor in the night time or delivering the same shiall be guilty of a mis-Jenxeanor, and on conviction shall be punished by imprisonment for not less than three months nor more than twelve months, or by a flue of not less than $100 nor nior than $500. Sec. 38. Any wagon, cart, boat, or any other con veyance, together with horses, mules, or other anmal or ant mals and harness, accompanying the same, transporting hquors at night, other than regular pssenger or freight liable to seizure and confiscation, and to that end the officer shall cause tnE same to be duly advertised and sold, and the proceeds sent to the State treasurer. ~Sec. 39. Every dispenser when he sells a package containing liquor shall put a cross mark in ink on the label or certificate thereon extending from top to bottom, and from side to side. When any liquor is seized because it has not the necessarv certificates and labels required by this act, the burden of proof shall be upon the claimant of said spirits to show that no fraud has been c)mmitted and. that the whiskey is not contraband. - Sec. 40. That any railroad, steam boat, express company or other com .mon'carriei shall incur a penalty of treble the invoice price of any alcohol ic liquors lost or stolen in transit tc or from the. dispensary, whether shipped as released or not, such penal ty to be recovered by action in any court of competent jurisdicticn. Sec. 41. That it shall be unlawful for any person to take or to solicit or ders, or to receive money from other persons for the purchase or shipment of ony alcoholic liquors for or to such other persons in this State, except.for liquors to be purchased and shipped from the dispensary, and any person violating this section, upon conviction. shall be deemed guilty of a misde meanor and shall be punished by im' prisonment for a term'of not less than three months nor n'6re than twelve months, or by a fine of not less than $100 nor more than $500. , Sec. 42. It shall be the' duty of sher iffs, deputy sheriffs and constables having notice of the violation of any provisions of this act to notify the cir cuit solicitor of the fact of such viola tion, and to furnish him the name of any witness within their .nowledge, by whom such violation can be prov en. If any such officer or solicitor shall willfully fail to comply with the provisions of this section, he shall, upon conviction; be fined in a sum not less than $100 nor more than $500. and such conviction shall work a forfeit ure of the office held by such person, and the court before whom such con viction is had shall, in addition to the imposition of the fine aforesaid, order and adjudge the forfeitiare of his said office. Sec.. 43. That in any indictment for the sale of intoxicating liquors it sball be competent to charge a series 'of sales on the same or on divers days up to the finding of the true bill to one person, or to different persons, nain ing one and stating the others to be unknowan, in the: same court, as was formerjy the practice in indictments for reftiling liquor without license in this*State, and the Drosecating officer shall not be required to elect which particular sale he will rely on, but may offer proof of all, and proof of any one or of all the sales will sustain a verdict: Provided, Upon a trial and conviction or acquittal no other bill or indictment will lie for any sale occurr ing prior to bill found on the case tried, and the punishment shall be in such case as for one sale: Provided, further, Tbat this section shall not be so construed as -.to preVent the prose cuting.qIlcer from giving out several bills of indictment for several sales in the first instance if lie thmnk4 best tc do so. Sec. 41. That when6ver in this act it is provided that process shall issue upon an affidavit based on informa tion and belief, the affidavit shall con tain a statement setting forth the sources of information, the facts and ground of belief upon which the affi ant bases his belief: Provided, That it shall n.ot be necessary to set forth the sources of information, the facts and the groainds of belief, in the affiavit u-pon which a warrant of arrest shall issuc., but it shall only be necessary in: cases of-search warrants.., Sec. 45. That chapter I, title VII, of the code, of civil procedure of .this State,' entitled "Of Provisional Reme dies in Civil Actions," shall notapply to any officer or person hi.ving duties to perfoamr under this act, and .in no case shall- an action lie against any such officer or person' for damages to person or property, as provided in said chapter.- -- - Sec. 46. The governor shall have the authoi-ity to appoint one or more State constables at a salary of not more than $2 per day and such expenses as the governor- may deem proper when on duty, and'two 'chief constables at not more than $3 each per day and such expenses. as the governor may deem proper, and also one or more detectives at reasonable compensation, to see that this act is enforced, the same to. be paid from the .lispensary fund in the same manner as the salary of the State commissioner. Sec. 47 That this act shall be a pub lie act and shall go into effect imme diately upon its approval by the gov ernor, and that all acts or parts of acts inconsistent .with this act be and are hereby repealed. Sec. 4S. Tne State board of control elected under this act shall not take charge until April 1st, 1896. Powder Works Blown Up. K~xSoToN, N. Y., March 18-The Laflin and Rand Powder works at Rif ton, exploded shortly after 11 o'clock today. The up pr glazier irst explod ed, setting of the dry house and wrecking the grinding rmill, engine house and lower glazier. Five men were killed -and unknown number hurt, The names of the killed are Jones, Smalley, Peterson and two men nanied Decker. The cause-of the exolosion will, n~ever be kuonn. The works were'- destroyed1 in a similar manner inlaiin. 1894.and wereafter ward rebdi-lt. Tief extend for half a mile along- the WalItill creek. The loss wi -exceed: $25.000. The works are seven tilies f romn Kio&gston. T'he si-ock, however, was. felt strongly in this city and caused small panics in several factories where female help is employed. A Georgia' editor recently ate three :lozeni eggs on a wager. The Colum bia Ereiiidg News says the editor shouMd uot be judged too harshly. Jour-anai is not very remunerative and tais might have been the first time this year that the editor afore aid got a chance at a square meal THE man who has learned howv to put himself to work and keep himn self at it, has reaebed a condition of mastery that promises himn success in -almost any :,ituation. Ile has then a po->session intinitely better than the gift of genias. ______ McKINLEY seems to be the favorite of the Rlepuiulicans for President, and is their logical candidate. An attempt will be made to make protection tne issue and thereby sidetrack the ques tion of finance. A NOTE OF WARNING SOUNDED AT A CONFERENCE OF SIL VER REPUBLICANS. Western G. 0. P. Men Will Not Stand a Single Standard Platform- -Protection and Free Silver Go Together. WASHINGTON, March 19.-At the Hotel Page, an important conference was held tonight between the silver Republican senators who voted against the consideration of the tariff bill in the senate and a large number of rep resentative manufacturers of Philadel phia who favor the linking together of the protection and birnetalism. The authorized statement issued by the conference after its secret session is looked upon as the first note of warning on the part of the Republican senators from Western States against the adoption of a single gold standard plank in the St. Louis platform. The conference was the result of the fol lowing correspondence between Mr. William Wilhelm. a prominent attor ney of Pottsville, Pa., and the sextette of silver senators named in the letter: Pottsville, March 5, 1896. Senators Jones, Teller, Dubois, Carter, Mantle and Cannon. Gentlemen: It has been my good fortune to meet Messrs. James Dobson, Charles Heber Clar and R. E. Defend erferof the city of Philadelphia. They and their industrial friends are anx ious to conter with you rel.tive to the present depression and the remedy for existing financial and industrial troubles. If you are willing to meet the eastern men of enterprise, then please advise the aforementioned gen tlemen so that a conference can be ar ranged bet ween you and them and their friends. EnclosEd fliad a list of Philadelphia manufacturers who I am assured will take pleasure in meetin ; you. Yours sincerely, Win. Rilhelm. United States Senate, Washington, D. C., March 6, 1806. James Dobson, Esq., Philadelphia, Pa. Dear Sir: Accepting the sugges tions made to us by letter from Mr. Wi. Wilhelm of Pennsylvania that it would be well to have a conference between representatives of the indus trial interests of the country and our selves, we shall be pleased to confer with yourself and such men of enter prise as you may choose to invite to meet with us at an early date at Wash ington. Yours very truly, H. M. Teller. Fred T. Dubois. Lee Mantle. T. H. Carter. Frank J. Cannon. John P. Jones.. All of the above named senators were present at the conterence held to night as were also Representatives Hartman of Montana, Allen of Utah and Wilson of Idaho. and the follo v ing named Representatives of man ufacturing interests: James Dobsan, m4nufacturer . of carpets; George Campbell, woolens; James Pollock-, carpets; S. B. Vrooman, lumber; Frank Caven, silk; C. H. Hardy, yarns; George W. Elkins, street rail ways; Alex Crow, carpets; Henry A. Frye, groceries; Henry Holmes, carpets; R W. Scott, knit goods: James Brown, woolens; Howland Croft, worsteds; Cbas. M. McLeod, yarns; James Defenderfer, yarns; John Fisher, wire; Robert Dawmnan, carpets; Robert WV. Scott, knit goods; Charles Heber Clark, surgical appli ances; Theodore Miller, upholstery; Richard Camnpion, yarns; Jos. Brom ley, rugs; Jos R. Jones, woolens; Jos. Foster, dyes; Jas. P. Phillips, worst eds; C. D.,.Firestone, buggies. and R. E. Defenderfer, electrical appliances The conference was organized by Senator Dubois as chairman and Mr. Wilhelm for secretary. For three hours and a half, behind closed doors, the conference proceeded, involving the uniting of bimetalism and protec tion, as a national issue. Remarks were made by Senators Teller, Jones of Nevada, Carter, Mantle and Can non. President Jordan of the manu facturers' club of Philadelphia, ex pressed the opinion that tariff duties could not be made high enough to protect our manufacturers if our coun try remained on a gold basis. Mr. James Dobson the great carpet manu facturer, came out ungualifiedly for free coinage by international agree ment if possible, otherwise by inde pendent action. He believed that in dependent action would induce inter national action. Free coinage might create temporary disturbances but it was the quickest way to permanent relief from the ills from which the country is now suffering. Henry A. Frye of Philadelphia said that the sooner that we took indepen dent action for bimnetalism the better it would be. He declared for protec tion and bimetalism. Chas. Herber Clark, editor of The Manufacturer of Philadelphia, said he had labored in season and out of sea son to convince the manufacturers that protection would only prove effi cacious in conjunction with the resto ration of silver. That he was now happy to have so many representatives of the industrial interests of the coun try to meet the senators who had vot ed against the Dingley bill and to per sonally verify his declarations. Rich ard Camnpion declared himself in favor of the restoration of selver, but thougnt that the cause of tbimetalism was not advanced by the defeat of the revenue measure. Seveial opinions were ex pressed of regret at the loss of the Dmngley measure, but no opinion an tagonimtic to the restoration of silver was uttered. The senators present d e fined their position in such a ma:nner as to make it plain to the muanufactur ers that thlere could be no protece ve taritf legislation either at this congress or at tbe next without the rehabitattion of silver, and that bimne-.alismi and pr tection constituted and inadvisable is sue before the country. Somec of the manufacturers themiselvyes endor-sed thin position as being the logic of the country's necessities and polniical can :itions. Tne issue was clearly defin ed but no attempt to organize was made. The inte.~ity of the interest shown demonstrate-d a determination to rescue the country if posibie from its impending industrial and linancial ills. Chias. Heber Clark~ invited the senators to a meeting to be held at the Manfacturers' club, Phil-adelphia. at an early date. Many strong letters in harmony with the purpose of the meeting were received f rom manufacturers throug h out the country who were unable to be present at this public meeting. The incidental mention of the name of J. Donald Cameron for the nomination for thie Presidency, met with cordial apnal1 FARM WORK FOR MARCH. The Southern Cultivator Urges Farmer to Keep Down the Cotton Acreage. In this month, except for unfore seen delays, the main body of the cot ton crop throughout the South will be put into the ground, and while most farmers have decided on the number of acres they intend to plant, it is not too late perpaps to utter a word of warning to those who contemplate putting in a large area at the expense of the more important provision crops. We use the words -more important" advisedly, and as supporting this asser tion, we point to the general condition of the farmers to-day, as compared with what it was at this time last year and the year before. Then they were hamoered in their ureparation for an other crop by a lack of sufficient sup plies for man and beast; to-dav tlie barns and storehouses groan under the accumlation of food of all kinds. Though the profits on the past years opera tion:; may not have reached a high i rure, farmers,as a rule,are now resting secure, while in all other occa pations and professions there is a fever ish anxi.ty and apprehension. Having taken no chances they have fortified themselves against market fluctuations and thus their investment is more cer tain than if placed in stock companies and syndicates. No one will deny that this is a good and favorable change and yet there is a disposition in some quarters, by reducfng the provision crop and enlarging on cot ton. to cut off the only means which will maintain us in our position of assured security. The disposition to purchase mules and guano is usually an indication of an increased cotton acreage. To those men who have al ready invested in additional stock and fertilizers for the purpose )f planting largely in cotton, we would urge the following reasons why they should pause and reconsider their plans: In the first place, if each farmer assists in keeping down the cotton acreage be to that extent inceases the chances of profit for alL Oa the other hand if there is a general and large increase in cotton production, the individual farmers who restrict th-ir acreage to reasonable bonds stand less chance of loss, should the price fall below the cost of production, which it almost inevitably will, than those who plant heavily in the hope that by some means Providence will bless their lack of business sagacity and save them from the consequences of their folly. Another cogent reason for a limited cotton crop, and a full, even suoer abundant provision supply, is the un settled condition of national affairs the world over. Should the present disturbed relations between European governments result in conflict, no one can p:7edict the extent to which, either as to time or geographical boundary, hostilities might reach, still less could we estimate the disastrous effects to our itmmediate agricultural interests. The mere rumor of war between Ger many and England i. :used the provis ion markets in Chicago to advance several points, with a corresponding depression in cotton prices at other places. The following figures taken from the report of the Department of Agri culture, give a comparative estimate of the corn crop of the South for three years: 1S93, 435,744,766 bushels; 1894, 483,431,962 bushels; 1895, 607,665,u17 bushels. The estimated train crop of the South for 1895 including corn, oats, and wheat will make a grand to tal of over 700.000,000 bushels. As a result of this large provision crop, and the better prices for cotton following the reduced area for 1895, everything has taken on a brighter aspect, and the farmers all over the country are in better condition than for years. Experience and common sense both urge the obvious conclu sion, but will farmers profit by the opportunity which their vantage ground gives them? Will they raise their bread and meat and cotton at a profit, or will they simply plant cotton in order that others may realize the benefit? The coming month must an swer these questions. May the decis ion be such that the farmers will come out on the winning side, when the re sults are summed up at the close of 1896. The Cotton Crop. WVasHrsGToN, March 20.-The de partment of agriculture makes the fol lowing report of the cotton crop move ment by States from September 1. to March 1: From Alabama, 486,490; remaining on plantations in warehouses, etc., 106,878; bought by mills, 44,981, total, 638.349. From Arkansas, 365 457, plantations etc., 115,964; mills, 1,570; total, 482, 991. From Florida, 32 712; plantations, etc., 3,103; total, 35,815. From Georgia, 777,632; plantations, etc., 158,381; mills, 142,611, total, 1,078. 654. From Indian Territory, 52.259; plan tations, etc., 7,538; total, 59 797. From Lcaisiana, 398,137; planta tions. etc., 66,618; mills, 1,074; total, A65,829.. From Mississippi, 787,136, plan ta tions, 158,111; mills, 11,662; total, 956 909. From Missouri, 11,056, plantations. 558: total 11.614. From North Carolina, 155.616; plan tations. 52,700; mills, 131,183, total, 3:3;) 499. From South Carolina. 494.562; plan taii.>ns. 80,133; mills, 214,270: total, 788 36t5. F1-om Tennessee, 122,816; planta tions, 15, 688: mills, 14.412: total, 152, 916. From Texas, 1.531.842; plan tations. 22001; mills, 3 204; iotal, 1,755,127. From Virginiat, 7.103; plantations, 1.-294; total, 8.399. Total crop, iucluiding~ 10 bales pro dred in Uta'a, 6,788,507 coruunerial bales To the abovw mill fi' 'zres shouild be added: Foir Georgia. 745; Loima, 6.:365; N..rth Carolina 5SS a~uth (ar ulina, 5.81'8: Tenn.-ssee. , u '52 and to Te-xas 2,547 oai s taken from ports and otnerwise counted in thet raihv and0 Virginia titures being also includ edi in the raihv aovemneut. Th e miill p::rcflses by States are as 1oi~.- Abm.5 4,9St; Arkansav, 1.4, : L iulhiana, 7.4:3l; Mississippi, 11 662: M1asjari. 7'35; North Carolina, 13. 4-; Soulth Carolina, 220.'78: TLunese, 1G.44; i'exas, 5 757. -and V irgiu a, 10. 04; total, 609,7t66. uales. No deduction has been made of cot ton on plantations and at interior p~oints September 1, 1895. The above higures are subject to revision in tae DISHONORED KENTUCKY. CHAPLAIN COOPER REFUSES TO OF FER PRAYER. Every ristol Pocket Was Loaded at the Joint Assembly Monday, But No Trou ble--Censure of Governor Bradley-No Quorum. FRANKFORT, Ky., March 16.-The State capitol bristled with bayonets this morning. The news that Gover nor Bradley had called upon the mili tary arm of the State was early spread about and caused a great deal of ex citement. What promised to be the most sensational day cf the Senatorial fight was begun with a proclamation from Governor Bradley, issued at 9 o'clock this morning, calling out the State militia to guard the State House. "I wish to state," said the Governor, speaking of his proclamation, "that the military was called out in order to protect tie members of the Legislature from mob violence and not to protect myself. The story that I was to be arrested for usurpation of authority in ordering the sheriff to clear the State House of all those not author ized by law to be there and indicat ing that this should include the depu ties that the Senate .sergeant-at-arms had sworn in and for this reason I had, called out the military is false." The military guard around the State House began at 10 o'clock last night when the McCreary guards, a local company of militia under Captain Noel Gaines, filed into the grounds and established picket lines. Barely an hour before that the citizens of Frank fort had been arouseed by the clanging of the court house bell, the signal for the local company to report for duty. There were hurried gathering- of sol diers and citizens generally, tuv latter not leaving for their homes until after midnight. The McCreary Guards were rein forced early this morning by the Brown Light Infantry from Lexington which arrived on a freight train, under command of Colonel Gaither and Cap tain Longmire. Shortly after8 o'clock the Louisville Legion, 250 men, march ed up from the Louisville and Nash ville station, under command of Col. Castleman. These two companies were also placed on duty in the State House grounds and military regula tions were enforced. Altogether about 400 men were under arms. No one was allowed to pass the picket lines unless he could give the countersign. A guard patrolled the walk in front of the door of the capitol. Inside at the foot of the stairway, leading to the House and Seuate chambers, a squad of picked men stood and allowed no one to-ascend without a written order from Adjutant 'Teneral Collier. At the head of the stairs another. squad of fifteen stood with fixed bayonets. Senators James and Walton, who were on hand early, entered the House chamber and sat in. the extreme leff corner. Adjutant General Collier's orders to the officers in charge of the entrance to the State House expressly stated that no one except members of the two houses, the Seargents at-Arms, doorkeepers,cloakroom keepers, pages, newspaper rep:;ers aud telegraph operators were entitled to admission and the guards carried out their or ders to the letter. The Blackburn men call the Gover no,'s action "an out ." A meet ing of citizens of Frankfort was called to protest against the presence of the militia in this city. "This display of force will stop all legislation," said a Blackburn Senator. "Nothing shall be done. I would like to see the reve nue bills or anything else get through now." Just bof ore 11 o'clock Seargeant at Arms Sommers of the Senate entered the lower door of the State House with his six assistants who had been summoned on Saturday. These men were halted by Captain Gaines. Mr. Sommers protested that they were his assistants and that he had affidavits to show that they were entitled to en ter. The captain was firm, however, and they walked out without attempt ing to force their way up stairs. When the joint session convened the roll call showed sixty-six present, as neither the Democrats nor the Popu lists responded to their names. The President announced that no quorum was present, but as the Constitution requires a ballot each day, he ordered the call to begin. But one vote was cast, that of Mr. Speed for Boyle. The Republicans and Democrats, with this exception, refused to respond to their names. It was decided to vote for the United States Senator to-morrow. The joint assembly then adjourned until 12 o'clock to-morrow. BRADLEY'S ACTION DENOUNCED). FRANKFORT, Ky., Mtarch 16.-There was not standing room in the court house when tde indig'nation meeting was called in order to protest against the action of Governor Bradley in calling out the troops. Mayor Julian called the meeting to order and made aa peech in which he told of his con ference with Governor Bradley in which he had assured the executive that he would give ample protection and characteried the Governor's ac tion in ordering out the troops as nighly partisan and unbecoming a G'overnor. Ex-Attorniey General Hen rick nominated Judge Lysander Hoard as chairman of the meeting in a speech in which he scored the action of the Governor. Judge Hoard took the chair anid there was a wild burst of applause. Speeches were made by Col E. H. Taylor arid others denounc ong the action of Govern-ior Bradley in sezvere terms. Terrible Explos.ion. SEL3Ia. Ala., March 18. -Particulars of a terrible boe explosion at Mc L'iari's mill, urar Cakdonia, in Wil Lcox County, have rerenitd this city. Ine explomion was caused by an imn perfet afety v'alve. The boiler crash ed throuzfl t1>( :nill anid soed along :lose to-tue gr';ind for 40~0 feet, and d n dIl buaried i;%elf in the earth. Sim Watts. a f airmer. Alexander Grace, a aborer at the mili, ar d Allen Hollin er, fireman, were killed. THE action of the five gold-stand ird democratic members of the Ken ucky legitlature in defying the rule )f the majority and persistently re 'using to vote for and electing Black urn the nominee of the democratic ~aucus United States senator, is inten ~ifyinig the feeling of democrats brouaghout the country against the lesigus of the g'old-standard gentle nen. Their private opinions are set .Ip against solenw platform declara :100s and "rule or ruin" seems to be