The Manning times. (Manning, Clarendon County, S.C.) 1884-current, April 29, 1896, Image 1

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e.1 VOL. XLMANNING, S. C., WEDNESDAY, APRIL 918.jT34 TiE ROAD LAW. FULL TEXT OF A VERY IMPORTANT ACT OF THE LEG::LATURE. A Document That Should b-3 Read by Every Man Liable to Road Duty in the County, and Then Cut Out and Preserve. Bscause of the wide-spread interest which is felt in the new road law, and to correct any misapprehensions as to the terms of the existing law by which the county commissioners and the public must be governed, the law is herewith published for public infor mation. An act to amend an act entitled "an act to provide a system of county government for the several counties of this State, so far as it relates to the working and maintaining the roads and highways in this State. Section 1. Be it enacted by the gen eral assembly of the State of South Carolina, That all roads, highways and ferries that have been laid out or appointed by virtue of an act of the general assembly, or any order of court, or by an order of the county board of commissioners, are hereby de clared to be public roads and ferries, and the townships iboards of com missioners in each township, together with the county supervisor, shall have the supervision and control of the pub lie roads in their respective townships; they are hereby incorporated, and the township board of commissioners of such township shall be their corporate name. They shall have the right to sue and be sued, plead and be implead el, in any of the courts of this State. The township board of commissioners and county board of commissioners, as hereafter set forth in this chapter, shall have full power and authority to order the laying out and repairing of public roads where necessary, to ap point where bridges and ferries or fords shall be made, to discontinue such roads, bridges and ferries as shall be found useless, and so alter roads so as to make them more useful. Sec. 2. That the township board of commissioners of the several town ships or each county, subject to the approval of the county board of commissioners or the supervisor of the county, shall, on the first Tuesday of Aprilnext, or within four weeks there after, divide their respective townshps into suitable road districts, and make a record thereof in a book kept for that purpose, and annually thereafter may make such alterations therein as they may deem proper, and cause a brief description thereof to be made on the township records, and also to fur nish each overseer with a description of his road district. The township board of commissioners of each town ship, at their annual meeting, and an nually thereafter, shall elect from the qualified electors of their townships, liable to road duty, one overseer for each road dis trict. whose term of office shall be t wo years from the date of appointment, and who shall receive such compensa tion as the county board of commis sioners may fix. Such overseer shall not be compelled to serve more than one term; and each overseer who re fuses or neglects to qualify and serve shall forfeit and pay the sum of ten dollars and costs, or be sentenced t" the county chaingang, suit to, be brought by the township comnussion ers before the !eare-st magistrate Money so collected shall go into the road fund of the county, and be cred ited to the road district from which it was collected. That when any vacan cy shall occur in the office of overseer by death, resignation or otherwise, the township board of comnmiasioners wherein such vacancy occurs shall ap point some suitable person to fill the vacancy: Provided, That such over seer may appoint some suitable person liable to road duty on his road a warn er, and such person shall be exempt from road duty for the time he acts as warner. Sec. 3. The roadbed shall be not less than 16 nor more than 20 feet wide, exclusive of ditches, roots and runnera, uanless so ordered by the county board of commissioners. The county board of commissioners of the several coun ties of the State are hereby authorized and empowered to change the location of any of the public roads in any of the counties of this State, where in their judgment steep hills and rough places in said roads can be avoided by so doing, and where such change would be to the material interest of the traveling public, and in like manner condemn abondoned bridge and sites, and assess damages therefor as herein provided: Provided, that the county board of commissioners shall grant the persons owning the land where such alteration is to be made, and in -terested in such change or alteration, notice of the day on which~ the matter of the change or alteration of such road shall be considered. Such person shall have the right to be heard for or aainst such change or alteration, and offer testimony for or against the same. For the purpose of relocating such roads they shall have the power to call to their assistance a surveyor, who shall survey and lay off such roads under their direction, so the grade shall not exceed seven and a-half inches to the ro-d wherever prac ticable. The said commissioners shall have the power to condemn the land so laid off. If the owner or owr'ers of such land, shall signify his or their refusal to the opening of a highway through such lands without previous compensation, the county board of commissioners requiring such right-of way shall give ten days' notice in writing to the person or persons through whose lands such right of way is required, or their intention to estab islh such right of way, naming in such notice a person who will act as referee for them in the location thereof, such owner orownersshall, within ten days thereafter, appoint a referee for the same purpose.- The referee so appoint ed shall, within ten days, thereaf ter, meet at some conveient pace anu appoint a third referee, and the three referees so a ppointed shall constitute a board of referees f or the location of such highway, and to determine the compensation and damages for the same. From the decision of the boar-d an appeal shall be allowed to the ci cuit court for the county in wvhich said road is proposed to be opened, where the trial shall be de novo bef ore a jury, and the judgment so obtained shall be paid b-y the county board or commissioners as other claims agairnst the county are paid: l'rovided, Tihat no road be established as set forth in this act shadl be so established as to run within fifty yards of a a welling house without the consent of the own ,rosa dwelling, and it shall be the duty of each and every overseer to work the roads under his char te thor (ughl as he g arching the same to centre. with drain on each side to convey the wrat-r, and when necessa ry to protect such drains from wash .inr, by placing in ston- gravel, or other substance. Whenever it is ne cessary to convey water to or provide for it to cross any road, he shall have the drains across such road laid in stone, 'ravel, or other hard substauce, and of such width as to atford an easy crossing where a bridge may not be necessary, and he shall protect the roads by suitable drains from interfer ence by cultivation or otherwise; to open or cause to be opened all public roads and highways which shall have been or may hereafter be laid out and established in his road district, the same to be kept in repair, and remove or caused to be removed all obstructions that may from time to time be found therein; for which pur pose the supervisors are hereby autho i-ized to enter upon any uncultivated lands or improved lands uuencum bered by crops near to or adjoining such roads, to cut and carry away timber, except trees or groves on im proved lands planted or left for orna ment or shade ; and to dig or cause to be dug and carried away any earth, gravel, sand, or stone which may be necessary to make, improve, or repair said road, for which compensation shall be made, and to enter on any lands adjoining or lying near the road to make such drains or ditches through the same as he may de em necessary for the benelit of the roads, doing as little injury tosaid lands and improvements thereon and timber as the nature of the case and the public good will per mit; and the drains and ditches so made shall be kept open by such over seers, and shall not be obstructed by the owner or occupier of such lands, or any other person or persons having the same in charge under the penalty of forfeiting a sum not exceeding $10, or imprisonment for not less than 15 nor more than 3u days for each and every offence, to be sued for by the overseer, and paid over when collected by the magistrate before whom action is brought to the county treasurer and applied to the road district from which it was collected. Sec. 4. That all able-bodied male persons and all male persons able to perform, or cause to be performed, the labor herein required. between the ages of IS and 50 years, except minis ters of of the Gospel in actual charge of a congregation, and persons per manently disabled in the military ser vice of this State, and persons who served in the late war, shall be liable annually to do and perform four days' labor on the highways, under the di rection of the overseer of the road dis trict in which he shall reside; and it shall require eight hours, of actual a ork to constitute a day's work under this section, except in Hurry county. where the ages shall be from 21 to 50 years. Provided, further, That if any person liable to road duty shall pey to the county treasurer the sum or $2, except the county, of Aiken, where it shall be $1, except the county of Ker shaw, where the commutation tax shall be $1, and the same shall be received in lieu of the labor upon the public roads; Provided, That the county board of commisbioners of any county cause to be levied an additional tax, not to exceed one mill, on all of the taxa ble property of any township in their county, when so requested oy a written petition signed by two-tnirds of theC freeholders of suca townships, such a tax to be collected aset Lee- taxes, and to be expeuded upon the roads and uighways of each township. Sec. 5. 'That it shall be the duty of every overseer to make out a list of all persons liable to road duty . Said over seer is hereby authorized to demand of any person or corporation the name of any and all hands in his her or its employ; and any person or corpora tion receiving of such overseer, or war ner by him appointed, such .demand. failing or refusing to furnish a hist containing the names of all male em ploces, shall be guilty of a misdemea nor, and for every such offense shall be subject to a fine of not less than $10 nor more -than $30, or imprisocnment in the county jail for not less than 10 nor more than 30 days, and place said list in the hands of the "'warner," w-ho shall serve notice, either by seeing the parties personally and giving verbal notice or leaving written notice at the residence of the party, t; order out every such person resident as afore said, between the first day of January and the first day of December annual ly, to do and perform the work afore said on the public road to which each pers on may be assigned, said assign ment to be on roads near the residence of said party, or any road to be chang ed or opened within four miles. And if any per son, being warned by such overseer as aforesaid, snail refuse or neglect, having had at least 12 hours, notice, to attend by himself or substi tue to the acceptance of the overseer, or, having attended, shall refuse to obey the direction of the overseer, or shall spend the time in idleness or any inattention to the duties assigned him, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than $10 nor less than $5 and costs or be sentenced to county chain gang not more than ten nor less than five days. Sec. 0, That in case any person shall remove from one county to another, or from one township in the same county, or one district to another in the same township, who has prior to such removal, performed the whole or any part of the labor aforesaid, or in any other way has naid the whole or any part of the amount aforesaid in lieu of such labor, and shall produce a certificate oX the same from the over seer of the proper district, such certiti cate shall be a com plete discharge for the amocunt therein specitied. Sec. 7. That any person warned to perormn any Ilbor upon the public roads an~d highways undter the provi sons of this act suiall by himseif or a sitable substitute, who shall not be une tue age of16 ybxears, appear at thle tim and place~ ap..oined t)y the over ee. at the houro o 'clock in the fore L(oL, and shall - og~ witir himn such ete-ry tools aLnd riplements usedl on1 a .arm as thie ov.erseer may dirtet. c 8. Tat for thme purpose provid led b r in the precedcg sectjinof thi-s act, th~e rca detnce of? any person who ns a fatmily shal be neld to ce where his fimy re-ides and the residence of anv other hersonm shallbe neid to be 'iere tie iDOards or may be found. Al1l tramps or p r-- not having auy Iviilie umeanu obtax.?g a aeio IshanA be subject to ro10d duty. Sec- 9. Anai every overseer is hete by requiredt to account to the boar-d of tows:;p comnasiners at thecir an nual settlea~eus for all tools received, Ifmtei ued r m fundsexpennded, nn der this act, and they shall also return a full and true list ani statement of the names of all persons within their iespective districts who have been or dered out to perform the labor as re quirt d by this act, and af ter each work ing to note the hours actually worked. work each hand does, and he shall make and furnish a list to the board of to unship commissioners of those who have refused or neglected to per form the same, and shall by oath at test the correctness of each list so kept; and all fines and forfeitures used for and recovered under the provisions of this act shall be paid over on demand by the magistrate or constable collect ing the same to the county treasurer wherein such fines or forfeitures ac crued; and the several overseers shall also render an account to the town ship board of commissioners at the annual settlement of all moneys ex pended and all property remaining in their hands at the time of the settle ment, also all judgements that remain unpaid, and the name of the judgment debtor, and magistrate before whom souch judgments were obtained and the amounts thereof and the township board of commissioners shall make such order as to the prosecution of the suits by the overseer of the proper dis trict against such delinquents of the township board of commissioners the interest of the township may require. Sec. 10. That all property that may remain in the handsof the overseer at the time of the annual settlement with the township board of commissioners shall be turned over to his successor in office as soon as such successor shall ne elected and qualified, taking a receipt therefor, and deposit said re ceint with the township commission ers. It shall be lawful for any over seer to sue out executions on any judgment that remains unpaid within his proper district at any time when, in his opinion, the same can be col lected, and the money so received and collected shall be paid over to county treasurer as provided in the foregoing section by the magistrate so collect ing. Sec. 11. That the county supervisor of roads and highways within the I county be, and is hereby, authorized to have the overseer to construct foot paths or bridges over streams, swamps, marshes, and along the highways of his county. Sec. 12. That each overseer within his district may erect and keep up, at the expenie of the county, at the forks and crossroads, a post ard guide board or tingerboard, containing an inscrip tion in legible letters directizg the way and distance to the to cn or towns, or public place or places, situa ted on eacn road. respectively. Sec. 13. That ii auy person shall willfully demolish, throw down, alter or deface any guide-board, every per son so offending shall, upon convic tiou thereof, before any magistrate of the proper county, be fined in any sum not exceeding $10 and the cost of the suit, or be sentenced to labor on the public works of the county for a tern of not more than 30 days. and the money. when collected, shall be by the magistrate collecting the same, paid over to the county treasurer. Sec. 14. That the county board of commissioners be, and they are ht re by authorized to furnish signboards, ploughs, scrapers, or other tools for the use of the several districts, at their di cretiou, to be paid for out of aus mouess in the county treasury not other sise appropriated, and tur-n the saue over to the cnairmnan oif the township board of commissioners and take his receipt therefor. The town ship board of commissioners shall tae a receipt from each overseer for sucn impiments as they may deliver to him, showing to him the number, kind and condition thereof, and such over seer shall be liable for any injury or damage that may result to such imple ments, or to any of them, by proper use thereof, or by unnecessary expos ure to the weather, during the time the same may be in his possession; and he shall, on the first Tuesday of February annually, return the same to said township board of commission ers. The amount for which overseers may be liable for such improper use or negleet may be recovered by action in the name of the township board of commissioners, or any person using the plows, scrapers, or other tools furnished by the county board of com missioners ior other purposes than the purpose for which the same was fur nished, shall be fined not more than $50 nor less than $5, or imprisoned not less than 10 nor more 30 days. Sec. 15. That the county board of commissioners in the several counties may, in their discretion, authorize and require the county supervisors to hire and employ overseers and laborers upon the public highways under con trol of overseers, at such compensa tion as the board may determine. Commutation taxes -and such other funds as may be applicable to high ways may be used in payment for such work. Sec. 16. That each and every over seer who shall neglect or refuse to erform the several duties enjoined OiL him by this act, or who shall, un der any pretense whatever, give or sign any receipt or certificate purport ing to be a receipt or certificate for labor in work performed or money paid, unless the labor shall have been performed or money paid prior to the giving or signing of such receipt or certificate, shall forfeit for every such offece not less than $10 nor more than $50, to be recovered by an action before any magistrate of the county, and it is hereby made the duty of the township board of commissioners to prosecute all offences against the pr-o visions of this section. Provided, That if any overseer conceives himselt ag grieved by the judgment of such mag istrate, he may, on giving suffheient security in double the sum of the judgment found against the party of fending, to said magistrate for the ayment of the cost, appeal to the :ourt of common pleas, which shall make such order therein as it may ap pear just and reasonable. Sec. 17. That it shall be unlawful for any overseer to perform or cause labor to be performed on any road not regularly laid out and established by law. Sec. i8. That aoy time during the ear, when any public high ways shiali be obstructed, it shall be the duty of the oversrer of the district in wuichi te same may be, fortnwith to cauise such obstruction to be removed, for wich purpose he shall immediately lorder out such persons liable to do work upon the public highways of nis -oad district, as he may deem necessa Iy to remove said obstr-uctions. If the person er persons thus called out ave performed their four day& labor upon the public highways, the over seer shall give to such persemn or per bor performed. and said certificate shall apply on the labor that may be due for such person or persons, for the ensuing year. Sec. 1.- That if any person or per sons, corporations. or any conductor of any traiu of railroad cars, or any other agent or servant of any railroad company shall obstruct unnecessarily any public road or highway by per mittirg- any railroad car or cars or lo comotive to remain upon or acro!s any street, public roads or highways for a longer period than five minutes, after notice to remove said cars has been given to conductor, engineer, agent or suc other person is charge of said train, or shall permit any tim ber, wood or other obstructions to re main upon or across any such street, road or highway, to the hindrance or inconvenience of travelers, or any per son or persons passing along or upon such street, road or highway. every person or corporation so offending shall forfeit any pay for every suc1 offense any sum not exceeding twen ty nor less than five dollars, and shall be liable for all damages arising to any person from such obstruction or injury to such road or highway, to be recovered by an action at the suit of the township board of commissioners in which such offense shall have been committed, or any person suing for the same, before any magistrate with in the county where such offense shall have been committed, or by indict ment in tue court of general sessions or suit in the court of common pleas. And all iues so accruing under the provi.sions of tais section, when col lected, shall be paid over by the mag istrate to tue county treasurer for the district in which such offense was committed. And every twenty-four hours such corporation, person or per sons, as -foresaid, after being notified, shall suffer such obstructions, to the hindrance or inconvenience of travel ers or any person going along or trp on such road or highway, shall be deemed an additional offence against the provisions of this act. Sec. 2. Tat every railroad compa ny or other corporation, the servant or servants, agent or agents, employ ee or employees, of which shall in any manner obstruct any street, pub lic road or highway, shall be liable to pay all fines which may be assessed against such servant or servants, agent or agents, employee or employees, for so obstructing any such street, public road or highway, and such liability as may be enfcrced by execution against said railroad company or other corpo ration on the judgment rendered against such servant or servants,agent or agents, emwployee or employees, for so obstructing such street, public road or high way. Sec 21. It shall be unlawful for any railroad company to obstruct the araiuage of any public road or high way by its roadoed or otherwise, or empty the water from its ditches into any public road or highway, to the injury of said highway; and if any railroad company, being warned by the overseer of the proper district by leaving a written notice with any agent, or infor:ning any station agent u said railroad company personally, shall refuse or neglect to remedy th same to the acceptance of the overseer, shall for'eit and pay any sum not ex ceediig $50 nor ls than $20 to be re covere-d by an action at the suit of the tuship board of coimmissioners be fore auy magistrate; and every ten da'. s such railroad cu:npany, after be ing notitied, shall neglect or refuse to reedy such offence shall be deemed sa additional offence against the pro visious of this act; and the money so rollected shall be paid by the magis trate so collecting to the county treas urer, and the money so paid over sall pecome a part of the county road fund. Sec. 22. It shall be the further duty of such overseer to cause each railroad company to construct and keep in good repair the roadbed of all public roads across the road bed of said rail road company; and if any railroad company, being duly warned by the overseer of the proper district, by leaving a written notice with any sta tion agent, or by informing any sta tion agent of said railroad company personally, shall neglect or refuse to cnstruct or repair such roadbed to the acceptance of the overseer, shall forfeit any sum not exceeding $50 nor less than $30, to be recovered by an action at the suit of the township board of commissioners before a magistrate of the county, and the money so col lected shall be paid by the magistrate coiecting to the county treasurer, and the money so paid over shall become a part of the county road fund; and every five days such railroad company, afte - being duly notified, shall neglect or refuse to construct or repair said road, shall be deemed an additional offence against the provisions of this act. Sec. 23. The suoervisor shall fur nish each member'of the township board of commissioners with a suffi cient number of printed copies of this act for the use overseier and township board of commissioners, and the coun ty board of commissioners shall f urn ish the necessary books and blanks for the use of the township and the town ship board and overseer. The town ship board of commissioners shall not lay off any portion of any incorporat ed city, town or village in any road ditrict. Soc. 24. That the passage of this act shall not be held to have altered or changed any actions which may have occurred to any one under an act entitled "An act to regulate the roads an'd highb ways of Barnwell coun ty" Thme roads, bridges and highways of the counties adopting the contract system shall be worked as hereinafter provided . sec. 25. That if the county board of commissioners conclude to adopt the contract system for working, main taininig and operating the several sec tions of the hig~h ways, roads, bridges, and ferries in tue several townships in their respective counties, or any part thereof, the county supervisor, as soon as practicable thereafter, may advertise in tie newspaper published in the county once a week for three weeks, and by notice' posted in two or more conspicuous places in thei several townships, or thle township to be work ed by the contract system, for bids from responsible persons for the per formanieeof the~ work as above set forth, and shall furnish specification, of all such work or contracts as have been advertised. Any and all bids made shall be in writiug, sealed, and addresd to the county supervisor, and by him opened in the presence of and submitted to the county board of cmmissioners, and it shall be the duty of said board to accept the iowest bid made by a reasonable person or party: Provided the county board of com any and all bids; and said board is hereby empowered to hire overseers and laborers, and have the work per formed as in its judgement may be most expedient and for the best inter est of the county: Provided, further, that the county supervisors of the counties of this State are hereby au thorized and empowered to arrange to work the roads of their respective counties, or to lease to or from the county board of commissioners of any county, upon such terms as may be agreed upon by the respective coun ty boards of commissioners, any con victs sentenced to perform hard labor upon the public works of any county, and said convicts may be worked up on the roads, highways, bridges ,r other public works of the county where convicted, or of the county to which they have been leased. Sec. 26. That the county board of commissioners of said counties, and they are hereby, authorized to levy an nually a sum not exceeding one mill on all taxable property of the respect ive counties, which shall constitute a part of the county road fund, to be expended by the said board in the same manner as is provided by law for the use and expenditure of the commutation tax in lieu of road duty; and such tax shall be collected at the same time and manner as is provided by law for the collection of taxes lev ied for ordinary county purposes; Provided, That the provisions of this section shall not apply to Orangeburg county. Sec. 27. That the co mty treasurers of the counties of this Sta'e are here by authorized and empowered to re ceive from any and all persons liable to road duties in the counties of Abbe ville, - dollars to be fixed by the coun ty board of commissioners; Aiken, one dollar; Anderson, one dollar; Barn well, one dollar; Beaufort, .wo dol lars; Berkeley, one dollar; Chester, two dollars; Chesterfield, one dollar; Charleston, one dollar; Collewon, two dollars; Clarendon. two dollars; Darl ington. one dollar; Edgetield. two dol lars; Fairfield, two dollars; Florence, two dollars; Georgetown, two dollars; Greenville, one dollar; ampton, one dollar; Horry, two dollars; Kershaw, one dollar; Lancaster, one dollar; Laurens, two dollars; Lexington, one dollar; Newberry, one dollar; Marlbo ro, two dollars; Marion. two dollars. Pickens, one dollar and fifty cents; Richland. two dol'ars; Spartanburg, one dollar; Saluda. two dollars; Sum ter, one dollar; Union, one dollar; Oconee, one and one-half dollars; Or angeburg, two dollars; Williamsburg, two dollars; York, one dollar as com mutation tax;and all moneys so paid shall be set apart and known as the county road fund: Provided, that such commutation tax be p tid for the fiscal year 1896 between the first day of March and the first day of April. and hereafter said commutation tax shall be paid for the succeeding year when State and county taxes are paid. and that the couusty treasurers shall furnish a receipt to the person so pay ing the same. Se:. 23. That the county treasurer of said counti-s shall fur: ish the coun tv sup:rcisor of their respective coun ties a list containing the namn's of all persons who have paid th.-ir commu tation tax: an.d tue chairin tr of tme township boards of cninissiouers shall also prepare and !u:-nish to the sup-rvisor a lit of all per')Is liable to road duty in their respective town ships; and the said uperMisor shall heck off the names of all such 'wr sons retorxed on LLhe list (f th- couaryt~ tresurers as haviug paid theim comf mutation tax; and all perscns who~se names shall remain on the list so hecked shall be required to perform road duty not exceeding in the aggre gate four days, arid shall be assigned o such duty by the county supervisor under one of the contractors in the township having under control the section or sections nearest the residence of such person or persons. It shall be the duty of the contractor of any sec tion to receive such person or persons so assigned to him by the county su prvisor, and shall allow to the county bard of commissioners such sum per :iem for the labor of any such person >r persons as may be agreed upon by ontractors and the county board of cmmissioners and said sum shall be redited upon the amount due or to become due said contractor by the said board as hereinbefore provided; any person assigned to work under a con tractor as herein provided and ref us ing or failing to do so shall be guilty >f a misdemeanor, and fined in a sum ot less than five nor more than twen ty dollars, or imprisonment in the ounty jail for a period of not less than ten nor more than thirty days, or sentenced for the same period on haingang. Sec. 29. The county board of com missioners are hereby authorized to work the highways in :heir counties, or any part thereof, by chaingaug, without regard to the system or sys tems used in other portions of their counties Sec. 30. All acts or parts of acts in onsistent with this act be, are hereby, repealed. Sec. 3L. That this act shall go into effect on its approval by the governor. Aapproved the 23d day of March, A. D., 1896. Danger of Electric wires. PHILADELPHIA. April 2L -Linford L. Biles, 65 years of age, was kilb-d, and his son, Geo. E. Biles, 31 years ot age, was badly injured thi mornin2g by coming in contact with a wire that. was crossed with an electric lig ht trol ley car current. The father and s:>n went on the roof of their home, No. 1031 Tasker street, about 2.30 o'clock to investigate a tire, a telegraph wire having ignited the wood work. The parent seized the wire and the current was so heavy that that he was electrocuted. Geo. E. Biles endeavor ed to extricate tine wre from his fa thers gra-p, and he, too, was seriously hurt- The son was reumored to st Agnes Hospital, where hje lay uncou scious for five hours. lHe will proba bly recover. Linford L. Biles w-as foreman of the jury that convicted IH. II. Holmes of murder in thme tirAt de ree on the the c'ar-'ei oiik.ig Beuj. P. Pietzel. He was a well known citizen and for a numxber of years hauO oeen pay master at the At'antic Ui1 Works. A Tragedy oh the~ sea. LONDON, Aprili 23.-The Br-itish bark Firtth of Soiway, bound for Dun edin, was sunk yesterday umorniug by collision with the British steamnte Marden, of Greeuoek, near Kirsh hghtship, on the cast coast o Ireland. The bark went down ahnust i1m:nedl ately, and the captaiu's wife and c~iiid and thirteen of the cre w were dro .vn ed. The captain and eight sailors were saved. The Marsden's bows were bid CONFEDERATE VETERANS, ANNUAL MEETING OF THE MEN WHO WORE THE GREY. He'arty Weicome Appreciated-Gan. Walk er Re-elected Commander-Monument Proposed to Oscar Leiber-Gen. Evans' Oratior Last Night. CHARLESTON, April 23.-The second day of the occupation of "the City by the Sea" by the Confederate Veterans opened auspiciously for the en oyment of the varied programme of entertain ment which the old city has provided foir those whom she delights to honor. The guests all appear to feel that Mayor Adger Smythe meant every word when he told them last night that the keys to the city's gates and hearts and homes were delivered over to them, and to see the ease and free dom with which the old fellows in the hearty welcome is to have assur ance that the spirit of hosts an d guests are in perfect symphony. A few who are compelled by the im perative demands of business :r neces sity have reluctantly turned their faces homeward, but their presence was scarcely missed from the crowd which again packed Artillery Hall this morning. It was announced last night that the veterans would arrange themselves this morning in the seats under the banners which designated their re spective brigades, but while for a time this order was sought to be car ried out and served the purpose while it lasted to bring the comrades into better order, it was soon disregarded and they scattered about wherever each thought he saw a face upon which memory had left some familiar trace of by gone days. Thus the earlier hour of assemblage was spent. in hear ty greetings and social chat in which old associations and scenes lived over again, and many a heart forgot, for the once, the trials and sorrows which a generation had interposed between the memory and the reality. it is the experience of these things in the old hearts, and their exhibition of them to the observation of the young men of the present generaticn, wnich makes these reunions occasions of such unalloyed pleasure and of priceless value to all who participate in them. As long as the sense of honor and patriotism is considered as worthy to be cherished as a virtue among us, we can never afford to put aside the op portunity for learning the impressive lesions which occasions afford. General Walker called the conven tion to order at about 11 o'clock and Adjutant Holmes concluded the re id ing of the minutes of the Columb a mreting, which was suspended for oth er buiuess last uiiht. The most in teresting feature of the minutes was what rel:ttd to Private Oscar Leiner 'f Columbia, a member of Hampton Lr-i rn, w io .v-es wounded at B.irham ville on the march from Yorktown to Richmr-nid. and died a few days after in Richmond. The earnest expression; in his will that his renai us should nor. b; buried on Northei 1, s. il and of his de - tion to the caus.i of the South muv-d the vast assembly a--.sibly and steps were inaug urated, which will re sult ere lung, in tne erec;iou of a suit able muonu.neut to his memory in T i.ty Caurch yard at Co!umoia. The r'presatatives of Buer's Cav al - Bei.de., 10) stroig, marchbed into tue'Hail headeJ by the oattle fiat of tne F1 h R--gimnt, which has o- en prserved aud is now in the care of tue Charleston Light Dragoons. Wheu the veterans were seated the torn me - moial of many bloody fights was planted on the platform near General Walkers seat. As soon as the hosts were seated, General Walker commanded attention and quiet for fiye seconds, and in the sap of a kodak the whole army of veterans were taken by Leidloff, at the instance of Capt S. A. Cunning ham, Editor of the Veteran, and the picture will appear in the next num ber of that magazine. Letters were read from General Jno. B. Gordon, Stephen D. Lee, M. C. But 1r, Eilison Capers. WV. H. Wallace, Jno. Bratton and Col. I. G. McKissick expressing their profound regret at being prevented from meeting their comrades i.n arms at this gathering. Invitations were received from Pres ident Mele hers of the Geriman Scheut zenfest, giving carte blanche to all veterans to come out to the fest dance, soot, eat, drink, and do just as if they were members; aad the lady principal of the Ccnfederate Home School re quested their presence at the special exercises of that institution on Friday morning. A resolution was adopted request ing that commanders of camps for ward to the Division Commander the number of indigent soldiers in their respective camps or fraternities, who would be willing to accept the hospi talities of a home if one should be pi ovided for them; and another reso lution looking to the organization of such a home was, also, passed. Capt Car wile offered a resolution providing for the appointrnent of a committee of Sve, who snall appear before the State Board of Education and endeavor to s~cure the adoption of such h'stories for use in the public shools as give fair and truthful statements of the war between the States and the exclu sion Iroin the schools of such books as do not treat tue subject in a fair When the election of officers was reacied, lion. G. Lamb Buist was caled to the chiair, anid announced the order calling for uoinations for Major General. Captain Carwit e noinated Gen. C. L. Walker, and moved a stauding vote, and when the questoa was put every veteran in the ual rose to his feet. Such an expres ion is the iinghest which could be iven of the satsfaction which GenI. alker- has given in tis admjinistra 31e. Buist then annouuc2-d the re ut to G-enera! \Vlker, who in a few modest word., ex pres.sed mis warm ap reciationu of tne nouor conferred anid i.pd that at tateir next nettig 'ie >uld be able to. rep ort 150 camps inL stead of tiue sixty neo in service. (o!. A. C.' sard~ was unaniunously ~lec..d Brig.dier G-: n-ral of the Fir~L andii GenIeral Isaae G. Zceissiek of tue Secnd 1Bri.a-e. General Clement Evans of Georgia, ~he oratvr of to-night. was announccd .iea was received witu a rousing Con fea.rae eer; responding toithe comi piniets in atfew very iippy word-S The B:igade [Historins authorized by a resolution at the Cs utibia con vetion, were uaunted and contirm ed by vote of the convention. Tirey are (jen. E. Capers for the First Bri gade, Col. J. S. $tr'.dn, of Union, for Greenville was selected by unani mous vote as the place of meeting of the next annual veterans reunion. The Artillery hall was packed again to-nioht by the veterans and a larger number of the city's fair women than before, to hear the address of Genl. Clement Evans, the gallant command er of the Veterans of Georgia. Gen eral Evans' wife and two daughters occupied places of honor on the plat form. Gen. Walker exceeded him. self in the happy terms with which he introduced the veteran orator, paying a merited tribute to the fraternal spirit which had always characterized the relations of that State to Carolina. In our hour of need, he said, her sons had, with a promptness and ardor born of true brotherhood, given their lives for our defense, and when the common cause went down in disaster, the wise counsels of her noble states men and soldiers had been given to sustain us. Their spirit of hope had assisted us to bring about a return of peace and prosperity. It was but nat ural, therefore, that at this first anni versary of our organization he should turn to Georgia and ask her gallant son, who stood as a leader of her hero ic Confederates, to come over and share with us -the joys which this oc casion inspired. Gen. Evans held the attention of the vast audience for more than an hour. Almost every sentence of his magnetic address drew respcnsive demonstrations of apolause. When Genl. Eva.ns closed, 3tajor Wood, of New ,Orleans, representative of the Battle Abbey fund, the generous pro. posal of George Rouss of New York, was introduced. He explained the purpose and plans, for the execution of which the United Confederate Vet erans are already fully committed. A few matters of routine business were then attended to before the convention adjourned. The display manoeuvres of the fire department during the afternoon were magnificent spectacles, a revelation to thousands gathered on Marion square and who crowded King and Meeting streets along the route to see the pa rade. CONGRESSMEN COME TO BLOWS. They Sling Ink Stands at Each Other With Effect. WASHINGTON, April 23.-Congress man Money, Democrat of Mississiopi, Senator-elect from that State, And Congressman Hall, Democrat of Mis souri, bad a lively personal encounter in the Committee on Naval affairs to day, and as the result Mr. Money re ceived a severe cut in the back of his head from an ink stand thrown by Mr. Hall, and the latier just escaped being struck by anorher ink staid thrown at hi'n by 3:r. Money. The fracas occurred about noon in the; c.mmittee room of he Naval Aff %irs Committee, .,f which both gentlemen are members. Mr. Hel is a man of large stature, stauding six feet two and weigbing 250 pouuds. Mr. Money is also tall. but rather slig tand no o~flrch for his opp:nent ptiysically. Mr. Money was hurriedly taken into a corninttee r)om on the fi>.:r below, while Mr. Hall walked calmly along the corri c'or to 'h- hill of the House. The blood from Mr. Mouey's wound dropped on tne tessalated marble floor as he was half carried down the steps A great crowd imrnediat ly congre gated and there was maecn excitemrn-nt. Tt.e details of the cause of the '-ncuun ter were hard to obtain Mr. Hall when seen immediately after the light aid he did not desire to make a state ment. - 'It was a personal matter," said he, and I do not desire to say anything. Ido not suppose Mr. Mo ney either will care to make a state ment." Mr. Mooney was taken to the room of the Committee on Claims, where his wounds were dressed by a physi cian- There were two cuts, one j-ust back of the ear, about an inch long, and the other further down the neck, both made probably by the points of the ink well Mr. Money, like his ad versary, said he did not desire to make a statement. A close friend of Mr. Money's, however, who was an eye witness of the occurrence, gave the following version of the difficulty: "Mr. Money was in the room," said this gentleman, "looking over his mail, when Mr. Hall entered and be gan discussing a bill before the com mittee relating to the rank of naval surgeons. Mr. Money took part in the discussion and, though his voice was pitched as it usually is in a con versational tone, he was in no wise excited. Mr. Money made a statement that the surgeons were after both rarnk and command. 'No,' he added smil ingly, 'I take that back, not cota mand, but rank.' "''Any man who says that,' said Mr. Hall angrily, 'says what is not true.'" "-You are a -liar,' retorted Mr. Money partly rising from his chair. Mr. Money rose to his feet and Mr. Hall grapped an ink well and hurled it at him. The blow behind the ear staggered him. Mr. Hall did not hit him with his fist. Mr. Money, also, clutched an ink well and let it drive at Mr. Hall's head, but the Missourian dodged and the missile flew harmless ly and struck the wall opposite. Had it struck Mr. Hall, I believe it would have brained him. The two meu n made for each other. Both of th im made motions as if to draw their weap ons. Mr. W:.lso, of Niw York, a men ber of the Naval Committee. who was present with the messenger and clerg, then rushed oetween the men and pr~e vented f'urther trouble. Mr. Money was conveyed to his hotel by friends. Mr. Hall remained at the Capitol. He expressed regret for what occurred, but still declined to make a statement. Neariy Lynched by 11 omen. SHAMoxiN, Pa., April 20. -B-cause she refuses to reveal the hiding place of ner new born babe, Miss ALuai' Batuer, of Hiekory Ridge, was ne-ar l lynched by a crowd of womenf of tbat place this morniug. They plhced ScotOes line about h-ie neck. buat ' a util it was consid-raa~Iy tgnteni-d diii she admit gicing birth E> a eniid. Snme then showved the womenU whfere sie -ad buried the child ouI a lot and~ tade a coufesssion of her cr ime. O umber of men kepit the w >:neni at bav, else they would u10st iikely taar lyched her. Mliss Boatuer is now i ing in a critical condition in the p oor house and is under -y ,ice surveii-, 1M ce, peuding an inquest oy the coro nr. Five Children Suffocated. SPRINGFIEL, Msss., April 17.-In the tenemle-t house tire at Tarnier's Falls, Mes , 5 o'clock tis uiusi ive children were sutfocated. Tue! HOME RULE FOR CUBA. SPAIN TO PUT IT IN OPERATION IN FOUR WEEKS. Will Terminate Irritation Between Spain andThis Country-The Laws Adopted In 1S95-Pro specte of the Revolution Com ing to an End. WASHINGTON, P pril, 20.-The Span ish government will put into execu tion a comprehensive system of home rule or autonomy, for the Island of Cuba. There is good reason to believe that the State Department has received from Madrid information to this ef feet. In any event, it is beyond ques tion that this important move is as sured. It promises to bring to a sud den termination the irritation and friction which has existed for many months between the United States and Spain, and to replace this feeling with one of a friendly and amicable nature. The law which will be put into ef fect was signed by the Queen Regent of Spain, March 15, 1895, and. will be followed by rules and regula tions developing the present scheme of reforms. By the time the Queen Regent of Spain makes her address to the Spanish Cortes, which assembles in one month, the law will be promul gated through Cuba and the long ex pected policy of home rule for Cuba will be realized. The law is very elaborate in its pro visions. The element of home rule is secured by the establishment of two local bodies, drawn largely, if not en tirely, from residents of Cuba. One of these is to be known as the provincial chamber of deputies and the other as the council of administration. The latter has appellate jurisdiction over the former. Large powersaregranted to the council of administration in the internal management of public affairs, but the Governor General will con tinue as the supreme representative of Spain on the island and will have direct charge of military, naval and international questions. The details of the reform project were published at the time of their adoption by the Spanish Cortes in 1895. Bad Blood in Oklahoma. GuTmHam. Ok., April 24.-R. T. An derson, aged 19, who had lately arriv ed in Greercounty from Bellevue, Ill., was employed by Horatio Buckley to work on a farm, but was discharged because of his poor work. He went to town, bought a rifle and returning to . Buckley's house in the evening, at tempted to shoot him. Mrs. Buckley - blew out the light and the two men battled in the dark, Buckley being fatally wounded with a ball from Anr' dersn' rifle. Anderson fled and hid in a hol- in a creek bank and when a posse attempted to capture him, he shot the leader, Deputy Sheriff Ferris, and kept the others at bay four hours, su:r-udering only when his amuni tiou gtve out. There were threats of lyrchi,. but he is now safe in theold county jais at Mangum, though held wholA tnout authority, as the re cent ei. cision of tie supreme court left Greer cou'ty without officers to en force the OkJ.orna laws which now govern the county. The Ohio Tornado. TOLEDO, Ohio, April 21.-Reports this &t teru.oou fro -a Sandusky County sno x that the tornado was more dias-srous than it was at first said to be. A Mrs. Schornf and ner chid were found this morn in.r after having lain out all night, wet to the skin. They were bi en out of a buggy and will die. Wilson Brand, of Booktown, and Hi ram Hendricks, of Muscalonge, are two other fatally hurt. *Hendricks bad both arms and legs broken. Edward Logue, of Booktown, was crushed un der a falling barn. The loss to prop erty is estimated at $200,000. The fruit growers along the bay shore and the lake islands will suffer a heavy loss by reason of the hail utterly ruining a large portion of the fruit crop. The hail cut the blossoms from the trees, and in some cases whole fruit farms were uprooted. No disasters are re ported from the lakes, although the wind reached a high velocity. At the small village of Boolttownnot a build ing was lef t standing. Mrs. D'Treville's suicide. NE w YORK, A pril 23.--Mrs. Ida De Treville of 201 West O'ie Hundredth street, wife of John DeTreville, and said to be connected with the Calhoun family of South Carolina, died yester day morning froin a self-inflicted wound, but the fact of her suicide did not become 1.ublic until today. Mrs. DeTreville was found by her son, John, on Sunday morning, standing before a mirror and trying to tear open a wound in her throat. He seiz ed her and cried -for help. It took three men to hold her. Sihe was plac ed under a physician's care, but died Wednesday morninc. She ha been suffering ~from melancholia, it was said today, and it is supposed she wounded herself when her mind was temporarily unbalanced. Her hus band is now in Brevard, N. C., suffer ing from paralysis. He was forced to give up a bank clerkship in this city t wo years ago on account of his health. Goldbug4 Beginning to Kick. DENvE~R, Colo., April 18.-Frank P. Arouckle. chairman of the Democrat ic State Central co.mmnittee, who has just returned fro~m Arizona, says the $tate convention, held on Wednesday w-as not regular and threatens to call anotner convention. Mr. Arbuckle Nay s that Olney Newell, who issued tue call for the convention, April 15, h.d no au:hority to do so, as he re sigued as secr'etary of the State coin mittee last S.eptember. Should the ch ai rman Call another convention, the supp)orters of the administration will cueav'r to elect delegates to the na tional e >Liventioni wha-> will not bolt, en- n a oold standard platform be Enthu:..-d over Filiman. Ow:sauoo. Ky., April 23.-Hon. B. 11. ?mu. , euato.r from South C oi~aa, sp 'ke to dve thousand peo oH ;e !s2:f aio'. IChe taberna e:-w.as yt' ~i H.-as introduced by x Je~-naaE lis Senat.>r lrill m........n uus, d much enthusiasm a . e-peeisi in his cenunciation of Lot- Li .aneusi policy of Cievrelaad and 't..h of Authoritlee. ASTomt.A Ure., Ap)ril 24.-United Saw*s troupa just eveuine drove the Wauno t tunitia fromn $aad island, whereL~- 'ey had o)-wn e13camped, pro tec~iug 'hs f:in tra.ps fromn the fisher umen. S ad !:aud is a govtrnmnent rew.rvat:ou and Le "ccupanton by the Wa.,ia..ou miltia w-as called to the ..ttntion of the ieral authno.ities.