Historical Newspapers of South Carolina

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I.N THE U'PPER HOUISE. A Bill to Establish a State FertiliCr Manufactory. AN INVITATION DECLINED. What the State Senate Ha.' Done luring the Past WeeK in the Way or Leg isiltion. The Senate met at lW o'clock Tuesday morning of last week and in the half hour M' "e convening 4 the joist i "I everything ofn tli calejajur. fron the i house, aiutho rizing cli towns, school distric-ts an.d count les . issue bonds to refund bonded indebted ness, was given its third reading ani sent back to the house wiii amend-: ments. Mr. Sheppard's ill providin for only one set of commissinrs ana managers for 5'ate und federal elec tions was (.:::1 its third reaiing an(I sent to the house. Mr. Raysors bill authorizing sch."l district No. (;-. in rangeburg coun ty. to issue bonds was also givn its third reading. INVITATION DECLINED. Senator Henderson announced tlhat a committee .of citizens of Augusta. Ga., was present. to invite the mUemi bers of the legislature to attend the Good Roads convention now being held in that city. and on motion the members of the committee were im vited to address the senate. Maj. W. T. Gary and State Senator Sullivan. both of Augusta. were then intro duced and formally extended the in vitation. Senator Maytield oliered a resolution regretting the inability of the legislature to attend, but extend ing the wishes of the general assembly for the success of the convention. This was adopted after a brief disseusion. Senator Mayield, of Denmark. in troduced a bill to establish a State fertilizer plant. THE SEED COTTON BILL. In the Senate on Wednesday Mr. Appelt's bill "to regulate the traffic of seed cotton and to provide a license for the same," was the first matter to be taken up after the morning hour. Mr. Graydon moved to strike out the enacting words. The bill is very defective, he said. and it would be a dangerous law. The present law has worked satisfactorily in his section and he believed it would be satisfac tory all over the' State if enforced. No seed cotton can be sold between sundown and sunrise. This bill, if passed, would bring about a worse con dition than at present. The bill pro vides for a license of $25 for purchas ers of seed cotton. This is too low. What should be done is to stop the sale of seed cotton altogether. Mr. Appelt defended his bill. Its object, he said, is to provide a uniform law. His county requires a lieense from persons who buy seed cotton. while the adjoining county of Wil liamsburg does not have a license sys tern, and the negroes on the border of Clarendon would take their cotton over into Williamshurg and sell it. This was unfair. He did not specially favor the license system. but if there are to be licenses in one county there should be a license in all. His county received S1,200 from these licenses last year. After some further discussion the bill was killed by an overwhelming vote. HARD ON KIDNAPPERS. Senator Sheppard's bill "to amend section 24T5 of the general statutes. relating to kidnapping, by extending the provisions of said section to any case of taking away a minor without consent of parent or guardian."' was the special order and was taken up. The bill, which was introduced at the last session, was reported favora bly with slight amendments by the committee. The bill provides life im prisonment for persons who kidnap children in the hope of securing re wards. It was given its third reading with practically no discussion and ordered sent to the house. CORrORATION LAwYEIIs. Senator Ilderton's bill to prevent attorneys for railroads and other cor porations holding seats in the general assembly was then taken up for its second reading. Senator Ildertoni spoke at some length in favor of it. He said the bill might be regarded as peculiar by some. but he had the right to introduce it. and besides, he thought it necessary that such a bill should come before the legislature. The constitution pro vides that even a school trustee. who gets no compensation, may be a legis lator, but corporation lawyers, who represent vast interests that are often inimical to the welfare of the people. are often members and help to pass laws that are not for the good of the people. We so often hear the reason advanced in explanation of a legisla tor's vote on a measure. "Oh, he is a corporation lawyer."' Human nature is prone to err, Senator Ilderton said. and a corporation lawyer naturally cannot regard measures with an eye sight to the good of the people wyhenI the interests of his corporation are af fected. He thought this mat ter should be made a political issue from one end of the State to the other. He hoped none of thc senators would regard this as a personal attack, for he did not re gard this as a temporary matter. but he wanted to amend the constitution in this respect for all time so a~s to protect the State and the generations in years to come. The law ought to be so that if a man wanted to be a member of the legislature he would have to resign his position as a cor poration lawyer, if he held such a po sition, and come here free from any~ obligations. He said he had heard that this had been done a year or so' ago by one gentleman. and he sp~oke of how the people honored the mnani who had given up a lucrative position in order to be a free representative of the people. Senator Maytield .said Senator lIder ton did not feel more keenly~ than other senaters the evils of corpora tions and trusts. and if the evil could be reached such a law wo uld b e gladly passed. But he did not think the bill as proposed would do any good. Under this bill an at torney for a bank or agricultural societ y. or anythin~g of that kind, could be a mnembier of Ihle legislature. If you exclude at torneys for corporations you ight as wvell ex cdude physicians who administer to sick members of corporations. As for himself, he had alwaysopposedl trusts: he had helped to pass the present anti trust laws cf the Sta te. and one reaso a - m c e*l iaint about u* i lhat thc S tate outicers y ne : rid toenforce those laws. Ilk uZced t) dpt the un1favorable (t"the cIoIIliltt e and th1s kill enIaor Iagsdale 1holght the bill ho.! uld pass. Hie said he reiir(ed awyers as fully the peers of any othel las of men. and he meant no retiec tionI on them. but the people are Cie mImin t 0hat we correct what is re rd (I as a vowig vill legisla tiIn. i1 is no e:tsy task o he the keeprofwher m I an's conseience Nut iis Zmunilied that a llal cannot sev\ I w. lIeIsI'. and l feaed I hat nI alwa I ul Ielresent tle people. What are Ihe to do when their cli ts say, We want this bill killed." 1i cla-es these lawyers in a position t l:t 1:o umn should be allowed to oc jun, lie thought tle question should .ubmitted to the people. It. is true -iai The people have often sent cor porat ion lawyers here to represent them. but they have been crying about corporation lawyers in the legisla ture." Now lets submit this amend ment to the people. and le~t them ad nt it or else stop all this talk. Se:aLor Maytield renewed his mo tion to adopt the unfavorable report of the comiittee and reject the bill. aid Senataor Ilderton called for the aves and noes. The bill was killed by a vote of 27 to 10. as follows: Aves--Senators Aldrich, Appelt. Bl arnwell. Blakeney. Bowen. Brown. D ean. Dennis. Douglass Glenn. Gray d n. Iav. Henderson. Herndon. Hough,. IIydrick. 'Manning, Maytield. Miore. Mower. Raysor, Sharpe, Shep pard, Sullivan. Talbird. Walker. Wil liams-27. NoCs-enlators Caugiman. Gaines, Goodwin. lIderton, Livingston, Mc D)ermot. Ragsdale. Sarratt. Stack house. Stanland-10. THAT AUGUSTA TitIP. Tihe iouse concurrent resolution ne cpting the invitation to attend the Augusta Good R;ads convention was received. Mr. Maytield moved to lay the reso4ution on the table. and this was done without discussion. The senate evidently did not want to go to Augusta. notwithstanding Senator Sullivan's fascinating invitation. The Senate was in session less than an hour on Thursday and .he proceed ings were only of routine nature. No business of great importance or pub lic interest was transacted. Senator Raysor's bill to require all children to attend school at least eight weeks in each year was reported fa vorably by the committee on educa tion, with amendments. The amend ments are that the law shall not ap ply to children who live more than two miles from a school house, and that prosecutions for violations must be instituted by some member of the board of school trustees. The committee on agricultuire made a favorable report on Senator Stack house's bill to authorize the hiring of county chain gangs to private persons or corporations. There was a favorable report on the bill to provide for the preservatIon of the valuable historical records of the State. 'here was a favorable report on Senator Aldrich's bill to provide pun ishment for persons who negligently expose children to the danger of tire. The presiding officer requested those senators who contemplated going to Augusta on the free train to the Good Boads convention to hand him their names. None of the senators respond~ ed except Senator Caughman. who said he might go but was not quite certain, On motion of Senator Hien derson leave of absence was granted all who desired to go. ADJOURNED FOR TWO DAYS. In the Senate on Friday there was considerahle discussion over a motion made by Senator Maytield. that when he senate adjourn it be until 8 o'clock Monday night. Senator Graydon opposed the mo tion. He said there wasi.work to do and the senate oughltfnot to adjourn. 'If any members were compelled to go home they could get leave of absence but the other should stay here and at tend to business. Senator Brice agreed with Senator Graydon. The legislature is to take a trip to Charleston. he said, and he did not think the time could be spared to adjourn now. Senator Mower said thle senate could hold a night session and clear the cal endar. and accomplish just as much as could be done by a session of Sat urday. Senator Barnwell favored the ad ornment. Many of the senators are going home, anyway, he said, and it is not a good plan to have legislation going on without a full senate. Senator Gruber hoped the senate would not adjourn. There is a great deal of important work to be done. and he thought the members ought to stay here and attend to it. Senator Grayon called for the ayes and noes and a vote was taken. The senate, by a vote of 21 to 10. agreed to adjourn till Monday night. The vote was as follows: Noes-Senators Appelt, Blakeney, B~rice, Graydon, Gruber, Herndon. Rasor. Sarratt, Sheppeard, Stan land.-0. Aes-Senators Aldrich. Barniwell, Bron. D)ennis. Douglass. Gaines. Glenn. Hay. Hlerndon. Ilderton, Liv ingston. Mavfield. McDermott. Moore. Mower. Sharpe, Stackhouse. Sullivan. Talbird. Williams. Walker.-21. THE SCHILEY RESOLUTION. .The senate, without discussion, agreed to the house concurrent resolu tion in regard to Admiral Schley. The resolution is as follows: Be it resolved by the house of rep resentat ives, tile senate concurring. that thme thanks of every patriotic American citizen is due to that great naval chieftain. Wintield S. Schley. his otlicers and men. f')r their gallant conduct in the harbor of Santiago on July :ad. 1898S. Mr. Croft's bill to exempt dentists fro serving as jurors was given its econd reading without debate, as was Mr. Austin's bill to give boarding house keepers the same rights of re dress at law as the keepers of hotels and inns. As TO BIENNIAL sEsSIONs. The judiciary committee met Fri da afternoon and took action (on Sen ator Gruber's hills looking to biennial essions. Eighlt members of the comn mnittee were present and they divided evenly when it came to making a re port. senators H enderson, Gruber, Ilarwell and Raysor are in favor of blenial sessionus. while Senators May fld. Mower. Graydoni and Talhird are slpousedi to t he schleme. Both reports wer prsented and wvent over for fu Ie nsiderationi. Thle whole mat ter will ome up next wveek and there will eC much debate. IN TIIE HoUsE. In the H ouse Thursday the commit tee on military affairs reported a sub titute fo.r 31r. W. J. Johnson's bill to extend tanks to Schley The origi nal gave 5uup? ai .wt-r. a .u roast. Tl sbs',t 'it V mer i ;ankI S chley for his gaint t tw a saying any bin 'u ' o i c(OmunumzI~. TI sus tUT 'saot to divid tlie privilee tax between Clemson o01 &ege and the cm nVn1n schols. C(leinson now gets it all - som1ethi lrike 8i.000 a yea r. Mr. Norgian withdrew the e!aim o, the estate o Joseph ill. Eu rie for -. Ott for inpt'aid saaIry as circuit j. Tnere wats a long distussioI i!i. hill to reqlire the specifient ion on its face of the exact suim. t' he secured g; represenlied b v any ili r sale. eb ai It mortgage. Oi otlr0 evid m 's f dt. Mr. Spears. t he aut h14or o ie hil. defended it. as did M r. Parker. Mnessrs. CrOft. Strl-ma. A Sh1L 'X' - luichat. Winigo and others. M1sss Prince lgan Mc-owanm and Cope opposed it. A number or amendments were pro posed and rejectei and the bill reiciv ed its second readiig. Following is the text of Mr. Spear's bill* Seetion 1. That every bill (if sale. when intended and used as a secirity for a debt, every chat tel mlort r! -'. lote( of hand or ot her pa per inutended and used as an evidence of debt. shall plainly express, in its face. i he exact sum or sums to be secUred Or evi denced thereby: and any clause or clauses therein providi ng or at tempt ing to provide for the security, or as evidene of any other am unt or debt than that which has been specifically stated, as hereinbefore required. shall be null and void: and such bill of sale. chattel mortgage. note of hand or other paper shall only be enforceable and valid for and to the extent of the sum plainly specitied therein. as a fore said, and lawful interest thereon. if any be required by the terms of the paper. Provided. That this shall not I prevent the mortgagor securig a rea sonable attorney fee. Section 2. That this act shall take effect on and after its approval. and all acts and parts of acts inconsistent with this act are hereby repealed. A SPIRITUAL AWAKENING. Great Convention ofthe State's Finest Type of Young Manhood. The Annual State convention of the Young Men's Christian associations oi South Carolina will convene this year in Columbia. Feb. 8-11: The gathering already bids fair t( be one of considerable strength. It will differ in many respects from other conventions held. The opening session will be held on Saturday even ing, and the closing session on Tues day night. Sunday will he a red let ter day in Columbia. Nearly all oi the pulpits of the city will be occupied by prominent delegates and speakers. In the afternoon a mammoth meet ing for men will be held in the opera house. A chorus of male voices will lead the singing. Mr . A. Coulter, of Richmond, Va., a speaker of rarc power and ability, will address thc meeting. The Columbia assoclatior> conidently expects to see a thousand of the men of the city at this great gospel meeting. On Sunday evening there will bc three or four mass meetings in th( principal churches, addressed by pro minent associa tion men. among whon are Messers. C. L. Gates of Atlanta. T. S. McPheeters of St. Louis, and F. S. Goodman of New York city. Monday and Tuesday will be devot ed to the'discussion of problems which affect men and boys. A well known association worker is to open a discus sion on work among the men and boys in factory districts and it is expected that this will be a. topic of absorbing interest. Students from fifteen different in stitutions of learning are coming: del egations of active, wide-awake young men are coming from the towns and cities. Altogether it will be a strong army of determined young Christian war riors that will take possession of the capItal early in February. The state executive comnmit tee. through the columns of this paper, extends an especial invitation to the Christian men of the state to attend this convention. Any man who is in terested in the welfare of the men and boys of South Carolina is invited. It will be necessary for him. however. to secure delegate's credentials, and this can be done by writing A. G. Kne bel, State Secretary Y. M. C. A.. Charleston. S. C. Parties desiring fuir ter information should address~ him. There will be rcduced rates on all the railroads. The people oft Columbia will en tertain all delegates. SETTLED AT LAST. Counties Will Not Have to Pay for Those Charts. The State Supreme Court last week handeddown an opinion that winds up that celebrated chart b)usines~s which has attracted so much attention. The decision sustains the view taken by Mr. Gunter of the attorney general's omc intheopinion he furnished the cutbards of school trustees when the issue tirst arose. It will be recalled that an agent of a Chicago chart factory. named Tot wviler, canvassed this State about three years ago and sold to county boards of school trustees about $l00.000 worth of his school charts, which were placed at $37.50 each. it being .subsCequetly alleged that they were not worth more than about $7. The charts were soid and notes were taken from the trus tees. When Mr. McMahan became superintendent of education he called attention to the matter and an opinion was asked from the attorney general's offce. It was to the effect that the Ischool trustees had no authority to purchase such charts. and thereupon Ithroughout the State the county super intendents refused payment of the claims. In Lexington county a suit was brought by the Loan andl Exchange Bmk of Columbia against F. W. Shealy :aising all the issues. Judge Ernest 'Gary took the same view as the at torney general's olmee. and then an appeal was taken to the State supreme ourt. This court has now sustained Judge Gary and the chart claims will not be paid by the countiles. The court did not pass upon the question of t lhe individual liability of the members of the boards of tristees.The State. Mrs. B. Morill has just been married in Dawson to G. A. Morrison after a trip of 1.500) miles from Seattle. She travelled 500 milcs in a sleigh over the perilous White Pass .trail. Near Selkirk the sleigfl overturned and a the passengers save the bride-ele e were throwvn from the rig. She wva +eethu fortunael was not hur 'l-ES- _N PRSENTS IT*S SIDE. The Virginia-Carolina Company Re plies to the Charges OF THE ATTORNEY GENERAL. A n Able IPeseitationl of It's SiWe ol th Controversy Which It Wanlts t he People to Rtend and Think Over. 'le ( tdfendant. the Viirginia-Caroli na Chemical coi p:my. mv;st respect fully how that Ihis cause has by tihe illing of the pet itioi and bnd for re mor. al Lercin. hetil (11 reimoved to the 1-nited St ates circuit court for the eastern ditrict of SuuthI Car'ilna. and that this honorable court. has no fur ther jurisdiction thereof: and this de fendart, n1n1 wise admitting to the jurisdiction of this honorable court. u: protests against the same and an swerin hr t'erein because of th1e proper respect dile to this honoralble court. should it notwithstanding said protest ajudge that it has jurisdictiono of this acion, and order that the same pro ceed herein. Now this defendant for answer to the complaint and amended Complaint herein alleged: First-It adm-ts the allegations of the first article (if the said complaint. Sccond-It admits the allegations of the second art-icle of the complaint saving and excepting it shows and al leges that under and in pursuance of the publie laws of the. State of South Carolina, it licated and carried on business within the State of South Carolina. as to such part of its business as was properly t o be transacted there in. long prior to the 2nd day of Janu ary. 1900. and further alleges that un der its charter and the laws of New Jersey. it is empowered to purchase. acquire and hold sto.k in the corpora tions, domestic and foreign, Third-It admits the allegations of the 3rd, 4th. 5th, 6th. seventh and eighth and ninth articles of the said complaint. Tenth-It answers to the allega tions of the tenth article of the com plaint, this defendant admits the pas sage by the general assembly of the State of South Carolina of the acts therein referred to. but shows that the same are but partly in said article set forth and alleged, and prays :,efer ence by this honorable court to the said acts in full for their provisions. Eleventh-It admits so much of ar tiele eleventh of said complaint as may be held to allege that all the de fendants in the said complaint men tioned were enterior to the time and date of the sale and transfer of the respective properties thereinafter men tioned, engaged in the manufacture and sale of fertilizers in South Caroli na. and denies all other allegations in the said article set forth. Twelfth-It denuies each and every allegation contained in the twelfth article of the said complaint. Thirteenth-it denies each and every allegation contained in the thir teenth article of said complaint, save and excepting that this defendant ad mits the convoyance to it upon the re spectiv'e dates mentioned in the said thirleenth article of the property end plant of the said several respective fertilizer companies therein mentioned for the consideration therein set forth. Fourteenth-It denies each and every allegation contained in the four teenth article of said complaint. Fifteenth-It denies the allegations of the fifteenth article of the said comn plaint, this defendant admits save that for the purpose of supplying necessary raw material, to wit: Phosphate dleposits containing ar sutlicient percentage of bone phos phate of lime, it has acquired and owns a certain amount of land of phos phate territory in the State of South Carolina, but no more of the same than is reasonably proper and sutlicient to supply the necessary properties of this defendant in the manufacture and output of its fertilizers. This defend ant admits further that for the pur pose of' securing and supplying to this defendant of that ingredient in the manufacturing of complete fertilizers known as nitrogen which is the most essential ingredient. therein, it ac quired a large amount of the capital stock (If the Southern Cotton Oil com pany. That the said Cotton Oil comn pany. is not a compet it or in any wvay of this defendant in manufacture and sale of fertilizers, but. is simply the purchaser of cotton seed, wherefrom it manufactures cotton seed oil and the cotton seed oil products. as well as the cotton seed meal from which the ingredient of nitrogen as furnished is auxiliary and assists the manfacture and sale of the complete fertilizers, arid that the procuring of saidl cotton seed meal in like manner as the procuring of phosphate rock is simply auxiliary and assistant in the manufacture of coimplete fertilizers. Sixteenth-This dlefendant denies the allegation of the sixteenth article If the complaint. Seventeenth-This defendant in an swer to the allegations (If article sev ententh oIf the said complaint denies the same except and save that this de fendant admits that after its creation and organization and the purchase by it of the plant and property of various fertilizer companies, which were by the owners and stockholders thereor otered to it to purchase, one of the ele ments which were so offered to be sold to it was what is known as the good Iwill of said fertilizer companies-such good will includes the influence held by certain managing ofticers of such cor porautions which they regarded asmoney and property. and which they had a riht to sell and1 for wvhich as an ingre det of said sale, a certain considera tion was claimed and accepted. That in orde r to procure the value of that whic wa sorep~resentled to he valoua bea d.ld this defendant admits thatt it did in some instances as to some oticers, procure ;:om thlem an agree met that they would not for a cer tain imited specific time, carry on th~e business of manufacturing and sale of fertilizers in certain territory-it he-' ig part of the understanding and agreement that such covenants and agreement was intended as an assign et and transfer to this defendant. for yaluable consideration by the par t e aibove named of such valuable good ~ il and influence as they may have ac qiredi in such territory by carrying on the said1 business. kEhhteenth-And further answering tih ~said complaiit this defendant showsad alleges: Thant the acts of the general assem b)y of1 the Stat e of South Carolina. re ferred to in art icle 10th of the com plaint herein. andc based upon and to enforce the provisions of which this action is brougiit, arc null and void. and inoperat ive under t he constittilon and laws of the United States: in that, 1. The acts undertake in contraven tion of sect ion 8 article 1 of the con stitution of t he Unit ed St ates and the acts- ofnngessc in pur nc trerof,. to pro!iiiii alii rcitter inaiid mull aid vo idi all arrangements, coiotracts or aIr reenents whatsoever between persOls. firis or corporations. which iiteii ionally or unintentionally teid to les sen full and free compet it Ion in the imiportation or sale of articles import ant to the State or in the ianufac i ure or sale of articles of domest ie growth or of domestic raw material. 2. The said acts undertake in contra- t vention of sect ion 1. of ar iele NI V. an 0 aunend n:ent of 1he const itit ion of i he nitedl States, to prolihit and render t Iinvalid, nubII anld void. al1 ara11 mnits.cont ract s or agreemtnen i . wlia S(ieVer. bet CeINi lirSOi1-. p , tims. Or cir poral ions. which ilt ent jonally or unin 101n1 ionalyI. ieild to aivance. reduce or coit roi 1I he rice or the cost to I produlcer or to I ie consulner of any a I iees imported intotIhe State. or man fact ilred or gnown I herein. 3. 'I siid acts undert ake in conit ra- I ven ion of sect ion1 S. article L of I ) const it ution of Ihe United States and 1 lie actsof congress i- pursuance i here- I of and f seet ion 1, art icle N I V. an amendment of said constitution to proliit and render invalid, null and I vod. al iarrangements and contracts bet ween persons. irns or corporat ions, P that may intentionally or uninten- ( tionally lessen or affect in any manner full and free competition in any traflics. t rates. tolls. premiums, or prices in any C branch of business. I rade. or commerce or may seek to cont rol the same. Nineteeni h--And this defendant. further shows and alleges that in and r by the puiic laws ind statutes of t lie I Slat e of Sout h Carc lina, to wit: Chap ter XLV, sect ions 14(;5 and 1471 of the revised statutes of 1893. it was declar ed by the State of South Carolina that foreign corporations duly ineirporated under the laws of any State of the United States would be permitted to r locate and carry on business in the i State of South Carolina, in like man- t ner as the natural born citizen of the States of the United States might do a under the law existing at the time.and t that any such foreign corporation car rying on business and owning property . in the State of South Carolina. shou Id c enjoy all the privileges and immunities 3 of owning property and carrying on I business in like manner as individuals, s natural horn citizens of such States of ( the United States and as domestic f, corporations ineor'orated in the State - of South Carolina might do. That in pursuance of such public law and satutes, this defendant entered the State of South Carolina and pur chased and acquired property and car ried on business therein, but has only acquired and carried on the same as natural born citizens of the States of t the United States might do as domes tic corporation of the State of South Carolina might do. and such invita- t tion and the rights therein given when accepted and acted upon by this defen dant, constituted a contract between the State of South Carolina and this defendant which the said State of South Car:>lina has by its said act re ferred to and set forth in the tenth article of said complaint, sought to impair and violate against the provi sions of section 10. article I. of the constitution of the United States. Twentieth-And this defendant fur ther shows and alleges that in and by the said acts referred to in article 10 of the said complaint. the property 3 rights of their defendant in the State of South Carolina acquired in pur suance of the invitation to and con tract made with this defendant, by said public laws and statutes referred t to in article nineteenth of this answer are made subject to impairment and. destruction at any time if this defen dant should make any arrangement: s contract or agreement which should' unintentionally have the effect of in f any wise tending to advance, reduce d or control the price or cost to the - producer or the consumer of any at- C tiles imported. manufactured or a grown in this State or tepding to t lessen full and free competition in thev importation Cir sale of the same or of. C in any wise alfecting full and free com- r petition in any. tariffs, rates, tolls, premiums. (it prices in any branch of c trade, business, at commerce wherein 0 and whereby said acts referred to in a said article tenth of said complaint 1 have inpared said contract and have t further abridged the tights. privilegesf8 and immuhit ies so by contract granted and given to this defendant and C sought to further deprive this defen- I dant of its property without due prto- j cess of law and to deny to this defen dant the equal protection of the lawvs a of the said State of Sotuth Carolin~a, I in contravention of the provisions of I section 10. article I, and of section 2, c article XI\. of the articles in amend: I ment of said constitutioni. Twenty-ist-And further answer- o ing, this'defendant alleges and shows 1: that the said acts of the general as- T sembly refeired to in article tenth of e said coimplai nt are null and void, and 1I inoperative as in cointravention of sec- ~ tion 5 and 6 of articles I. of the con- C stitution of the State of South C:4.ro- a lina. in that the said acts abridge the c ights, privileges and immunities of this defendant and deprive it of its 11 property withotut due process of law I and deny to this defendant the equnal s protection of the laws and impair the obligation of the contract so entered s into with this ,defendant, as herein-. r before in this answer more specilically s set, forth and alleged. Wherefore defendant prays that said conmplaint be dismissed. I1 Committed Suicide. I T. IHeyward Thayer, 75 years of age 1 and 50 years a clerk in the Charleston post otice. shot himself through the i right temple at 7 o'clock Friday morn- n ing at his residence in that city. En- g forced overwork at the postotlice. inci- a dent upon the rush of mail matter for li the holidays and the exposition. caused d Mr. Thayer's health to break down. resulting in melancholia and the sad tragedy. Mr. Thayer spoke to his wife a rew minutes before the tragedy and senmed perfectly rational and selfr possessed. lie died a few minutes af ter shooting himself. Hie was one of c' the last three Charleston survivors oft the Palmetto regiment. which dist in guished itself in the Mexican war. Ie n vas remarkaly active for a man of ( his years. A Horribte Fate.d A dispatch from Waihalla to The State says: "Alfred L. Ballew, a Con- V federate soldier, aged 6:3, met a hor- w rible fate Tuesday night by being SC burned to death in the guard house. Late in the afternoon he was locked V up and at 11 o'clock the guard house was discovered to be on lire. Ihelp B ame too late and only the charred form V was taken from the debris. it is he ieved that he set tire to the cell, as V the first rescurers fotund the building C burning, the strongest flames comingu b from within. and the coroner's jury so rendered its verdict. Mr. Ballew came J here from Greenville county. lie was rinking when locked up. The town uried his remains Wednesday in Westview cemetery."' A Continuous (vation-. b) tear Admiral Schley left Washing- -. :on Friday for Chicago. where he is to B e the guest of the Hamilton Club. ['he admiral and party, consisting of ri: irs. Schley and Congressman John J. ca Feiley of Illinois met with a continu- se nu oa ii all aln the te h FROM MONX TO BENEDICT '1m111 Out ol a Mn1iasta-y Io Ma'ry His First Love. The little blind God does nt seem o have been so very blind after all in he case of William Gallinger. young st son of the New llampshire sena or. since it has opened his eyes to the 10 timlt a futire life :is a benedict ,ith the pretIty girl whom lie has >ved for years is to be preferred over lhe monas-;tic li and celibacy to tich a year ago h1e devoted himself. lhe pretty girl in the case is iiss larie Wadsworth. dlaughter of the ite Dr. Wadswcrth. of Washington. >. C.. to whom Mr. Gallinger was en ad )wo years ago. Just why the ngagiiement was broken is still a mys ery even to their most intimate riends. as the young people have pre rved t he strictest silence. That, for two years there was an en ageinent existing between Senator allinger's son and Miss Wadsworth -as known to all their friends. Mat ers even went so far as to the fixing f the date for the marriage and issu nee of invitations for the event. -len suddenly the brief announce lent was made that all invitations ad been recalled and that the en agement was broken. Senator and Mrs. Gallinger had een disappointed at the outset at ieir son's choice in life. But as the iontlis went by and they grew to Malize what a work he was accom lishing among suffering humanity, biey became reconciled and naturally roud of his career. As late as last utumn Brother Leo labored among lie slums of New York. Then came the first Monday in De mber. when congress convened, and ist as unexpectedly as he had disap eared from the glare of Washington >iety two years since Mr. William allinger reappeared and resumed his >rmer position of private secretary to is father. Upon the day of his return to Wash igton, it is said, lie called upon Miss Vadsworth and told her many things, t the least of which was that she as the one woman in the world to im. that the diamond ring she had turned still lay unopened in the lit e white kidcase-that it would be so >rever unless she consented to take it nee more and wear it with the old ime significance. Miss Wadsworth listened. The lit le case was reopened, and the jewel gain flashed upon her finger. . Miss Vadsworth is at present visiting riends at Riverton, N. J., while Mr. allinger remains in Washington busy ith his duties as secretary. No date as been set for the marriage, but it likely to be an event of the early pring, declare friends of the families. A BIT.ON DOLLAR SECTION. lie Industrial Development of the South is Great. The Manufacturers' Record. of Bal imore, Maryland, in an elaborate an lysis of preliminary census figures of adustrial development in'the South, ays: "The South has become a manu cturer on a billion-dollar scale-in eed. it were better to say on a billion md-a half-dollar scale, for the value f the products of its factories In 1900. ceording to preliminary figures of the wlfth census, was $1,466,669,495. dich was greater by nearly 8450,000, 00 than the value of the products of anufactures in the United States in 850. The total for 1900 shows an in rease of 8549.440.468 over the total f 1890 in the value of products. and f 8494.847, 237 in the amount of cap :al invested. which in 1900 amounted a 81. 153.1i70.097, against $658, 795. 60 in 1890. "The value of products in South arolina in 1890 was $31,926.681: in 900 these figures had increased to 58.748,731. ''The ana-lysis shows that the aver ge rate of interest of capital in the outhi during the ten years was 75.1 en cent.., and that this rate was ex eeded in eight states, with Louisiana aing with 225.3 percent. Louis ia led, also, in the actual increase f capital. $78.330.173. though Mary md led in the amount of capital in ested in 1900. 8163,422.260. The av rage rate of increase on the value of roducts in the South was 59.9, which as exceeded by nile states. North 'arolina leading with 135 per centt.. d Maryland leading in actual in rease with 870.910.397." South Carolina shows up well in lanufacturing capital and in manu ictured products, ranking about xth, and is showing asteady increase. Louisiana, with her large rice and agar interests, besides smaller ones, ans ahead of the other Southern :ates in capital invested, and espec tly in products. South and North Carolina stand ear together in increate of capital. he increase of products In South arolina is not near that of her cap al. cto od.tecp In producing cto odtecp al required is much larger than in ost other productions, vwhich make a reat disparity in comparing capital ad product in this line. South Caro nr beats Georgia in increase of pro nts. and their interests are. much the mie. Candidates in the State Primary. Mr. August Kohn, Columbia cor ~spondent of The News and Courier, ys there is a good deal of hotel and >mmnittee room talk about the ap roaching primary, and numerous tembers have been making notes of ose whom they expect to be candi ites for.State oflices. Here is a list meni talked about as possible candi ttes: Governor: M. B. McSweeney. Jamies .Tillman. WI. J. Talbert. D). C. Hey ard. WI. 1H. Timimerman. M. F. An Comptroller General: J. P. Derham. .D. Black. Lieutenant G;overnor: Cole L. ease. Frank B. Gary. Francis H1 est on. D). HI. Behre. M. L. Smith. Secretary of State: J. T. Gantt, .W. Bradley. J. Harvey Wilson. J. Campbell. J. Thomas Austin. El rt HI. Aull. Attorney General: U. X. Gunter. -.W. F. Stevenson. Superintendent of Education: J. J. eMahian. Tieasurer: Ri. HI. Jennings. Adjutant General: J. W. Floyd. Railroad Commissioner: J. C. Wil Irn B. L. Caughiman, Jun Canslen, E. Pettigrew. J. 0. Wolling. W. vd Evans. overnor McSweeney has not authio ed the mention of his name as a ndidate for re-election, but there ems to be a belief among the Legis nrs that he will rn. HIT WITH A HAITIER. A1. Denn COoper or St- . Loui% .t.rdered in a ti A. )ean Cooper. treasure (>f the Graham Paper company. (,f .4. Luis. died in that city Thursday as the re sult of injuries sustained in a myste rious manner while in the \ista Tfurk ish bath establishment at 1518 Frank lin avenue Wednesday night. Wil-I liani A. Strother. the colored man in charge of the bath-house, who tells contlicting stories about the affair. is under arrest and a diamond ring worth $1.500 and a valuable pin belonging to Mr. Cooper have been recovered from their hiding place in the cellar of the bathhouse. Mr. Cooper's injury con sisted of a fractured skull. A sledge hammer covered with blood was also found in the celler and taken posses sion of by the police. Strother made a statement to the police to the effect that about midnight a boy brought Mr. Cooper a note which he refused to answer. The boy went away and soon after a man and two women en tered. When he returned from the cellar where he had gone to fix the fires Strother says he found Cooper on the couch unconscious. Strother later told the police that the two women and a man who had called to see Mr. Cooper came in a car riage. He said that he had admitted them to the cooling room and had re turned to the basement. le did not know. he said, when they departed. Strother also said that two colored women, Josie Houstn and Florence Banks, had visited him in the base ment earlier Wednesday night. Eras tus Fountain, janitor' of the Vista block, says that the two women were in Strother's company at 9.30 o'clock when he made his visit to the premi ses. The police say that there is no other evidence than Strother's state ment to prove the visit of the two women and a man to the bathhouse. A few minutes after midnight Theo dore Cooper, known as "Tod" Cooped, son of A. Dean Cooper, answered the door bell at the family residence. 3713 Washington boulevard. Strother was at the door. " 'Your father has been hurt," said the negro to young Cooper. "He is over at the bathhouse now." Without stopping to question the man closely, Cooper went to the Vista block. In the cooling room of the bath house, on a cot in the middle of the long apart ment he found his father covered by a sheet. Physicians were immediately called and the. police notified. The latter made an investigation and discovered the blood-stained ham mer. Young Cooper told the police that the ring usually worn by his father was missing and they made an other search, finding the ring and pin in the cellar. Strother stoutly main tains his innocence. Fountain the janitor, was taken to the police station but was released after telling about the presence of the two colored women in the bathhouse when he left. The women were arrested and closely questioned by the police. "Tod" Cooper stated to the police that his father had practically closed a deal for the sale of the bathhouse property which he owned and that the transfer was to have been made today. Mr. Cooper was considered one of the wealthiest men St. Louis. A GOOD BILL. A Measure that Should Pass the Legislature Without Debate. There has long been needed legisla tion along the lines proposed in a bill introduced in the State, Senate last Tuesday week by Senator Aldrich of Barnwell. The provisionsof the bill one as follows: Section 1. That on and after the pas sage of this act it shall be a mnisde nmeanor for~any parents or others hav ing the care of children to leave them confined in any house or other build ing exposed to the dangers of being burned by tire, and any person so of fending shall, upon conviction, be fined in the sum of $100 and be imprisoned in tihe penitentiary or on the county chaingang at hard labor for a period of not less than one year. Section 2. That on an after the pas sage of this act any person who shall leave children locked up in any house and go away, whether fire be left in said house -or not, shall be guilty of a misdemeanor, and upon conviction, shall suffer tihe penalties imposed in the first section of this act. Section 3. That if any child or child dren who may be left. alone in any house, or left confined in any house, by its or their parents or other person having it or them in charge, and shall suffer injury, the person'so leaving it or them shall be guilty of a felony, and upon conviction, shall be imprisoned at hard labor in the State penitentiary for a period of fiv-e years, and in the event of the death of any such child from such cause the person so offened ing against tihe provisions of this act shall be imprisoned in the State peni tentiary for a period of 10 years. Section 4. That any magistrate, con stable or other peace otlicer wvho shall fail to prosecute, any person offending against the provisions of this act, the sme coming to his knowledge, shall be guilty of a misdemeanor, and upon con-1 viction. shall forfeit his office, and upon tile conviction of such an one being certified to the governor he shall appoint a successor to said oltice ac cording to the terms and provisions of existing laws governing tile filling of vacancies in the State and county odi cers. Shamrocks for soldiers- wra we.. A thousand packets of shamrock seed, the gift of a resident of Cork to the duke of York were lately sent to South Africa. Their contents will be sown upon the graves of Irish soldiers. -N. Y. Sun. Cruelty to Animals. Husband-Don't you think those young kittens should be drowned? Wife-I don't think it will be neces sary, dear. I have given them to the children to play with.-Harper's Bazar. Dead Ancestors in China. Dead ancestors are said to occupy1 too much of the arable ?and in China.I Famines would be less frequent if theI country was not one vast cemetery. N. Y. Sun EntfieQ to Compenstion. I Patience-Is that so that your en- ( gagement is broken?1 Patrice-Yes, it is. "And the ring; that's gone too?" "Yes; the mean thing asked me to I return it." "Why, you wouldn't want to keep the ring if the engagement was 1 broken, would you?"t "Certainly, I would. Why, he wore1 out four of my waists and nearly fractured my ribs in three weeks Isn'+ that worth some compensa tion?"-Yonkers Statesmann.I Good Cause for Deac,t;n?. Doctor-Why have you dedue: ed a quarter from my bill? Patient-That is for the six eignrs you broke when you thumped my cst.-hiadelnhia Rtecord. QUEER FOLK, T.H1OSE PEOPLE WHO LIVE ON THE SNORES OF THE FJORDs OF NORWAY. Queer Customs of These People Who Never Bow or Offer Their Hands When Caling At a Neighbor's House. Inhabitants of the shores of the fiords and the valleys of the coastrange of Norway are the most ticiturn of people. A peasant calling at a neigh bor's house neither bows nor offers his hand. He does not even take off his cap. He simply says "*Good day," or uses the customary Norwegian greet ing, "Thanks for the last." Nor is the host distracted from whatever he is doing by the entrance of a visitor. He merely looks up and responds, "God bless you" or "No thanks needed," but his words and accent leave the visitor in no uncertainty as to whether he Is welcome or not When a farmer is about to take a journey he packs his wagon, hitches up his horse and gives his wife minute or ders concerning the work to be done during his absence, but it never enters his head to mark the parting with a "Goodby" or a pressure of the hand. There is the same absence of greeting or any signs of satisfaction-on his re turn. He first cares for the horse and then, surrounded by his children, who always expect little presents upon these occasions, he unpacks the pur chases he has made in the city. He does not kiss his wife nor greet her in any way, and she. on her part, does not allow her momentary occupation to be disturbed at all by his coming. Old Eilert Sundt who, some forty years ago, made a laborious investiga tion of Norwegian customs, said- to a peasant: "It seems to me thatyour wife ought to leave'iier work and give you her hand and a 'How are you? when you come home." The peasant could not restrain his mirth. He said: "Why, all the farm hands would laugh at us." "Did you ever hear of a farmer say ing 'Good day' to his wife when he came home?" Sundt asked. "Yes," -the peasant answered. "There was a man In 'he parish a good many years ago who had that singular hab [t."' Love-talk and affectionate demon strations of every kind are avoidd studiously, even between paients and chIldren. The children receive tlie best possible care. It may be mentioned4n1 cidentally, that each child has its own little chest containing among other things one shirt for each pear of ifW life. But parents never pet children. who have left the eradle. The custom ary "Good morning, mamma;'. and "Good night, mamma," almost univer sal elsewhere, are unknown in Norway. Even when the grown son or'daugh ter leave the paternal roof to seek oe cupation elsewhere no handelasp Is ex pected. When the daughter leaves as a bride she does offer- her handto her parents, but in token,,not of farewell. - but for gratitude for benefits releved In the home. Courtship is cared'on by means of n intermediary, usually an eldeily man. This agent calls on the girPs parents and after expressing his desire to borrow a plow or buy. a calf, and beating about the bush graduallyie works up the real object of his visit. :f he finds that the suitor is acceptable he leaves, promising to call again soV6, eanwhile the news is imparted to the irl, who. as a rule, Is of the same mindl as her parents, as sentimental onsiderations count for little with-lie. Months may elapse before tfie suitor akes his formal offer. .Next fhe par mts have further parley with the aged eputy of Hymen in regard to dowry, wedding expenses arnl other detis nd then the betrothal takes'place. As for the wedding itself it may be emarked that it is usually as brilliant nd showy as possible. - A peculiar umstance is that the bride leaves her ome and is conducted by her.father to he bridegroom's house a week -btore he wedding day. On that day she sits like a statue among her female i'ela ives and friends. Her long anid use, lly golden hair is hanging down'her. back. Her bosom is covered with gold mnd silver pins and brooches adorned with dangling disks. Around her Vaist Is wound a long and magnificent girdle made of gilded plates of silver bearing. the prettiest 'designs of the German Renaissance-a masterpiece of- old orwegian gold smith's work-and on er head Is the old-fashioned, tall, ointed crown, usually made of glided ilver or copper. The wedding festi'vl ies do not differ greatly from thiose of ther countries. There are musicians n plenty. a lavish "spread" and the guests often number 300. His Wedding Fee In Eggs. A -diminutive couple that ought, to. have been spanked and sent home were arried at Stanford, Ky.,by a preach1 er, who received 65 cents and two doz en eggs for his services. The groom: was about fifteen and the (bride a little ver twelve years of age, wearing a ress too short by two inches to reach er knees. It looked like mockery of arriage. After the ceremony they rove their wagon up in a fence corner n the outskirts of the town and- pro eeded to dine, a basket of victuals hving been brought along to save the mnecessary Investment of five cents. Snapshottinig Church Sleepers. A clergyman in England is advocat ng the use of a concealed camera In the pulpit, says, by showing these pho ographs to the backsliding ones they would become so shamed that they SQuid not be liable to repeat the pers ormance. The suggestion is ingenious. ut it would seem the surest thing to eep the congregation awake would ba in interesting sermon. An Idle Question. "Is there anything you wish to efore sentence Is passed upon yo sked the Judge. Thereupon the bailiff laughed. He couldn't help it. He was a married man and the endant was a woman. "Such a question!" he chuckled timself.-Chicago Post. A Testimonial. Little Boy (Writing to his sho aster)-Ever'ybody at home is s ighted with the progress I have mad~ t your school. Why, when I came to ou I knew nothing, and now, even 14 this short time, I know ten times 44 nuc! ________ Sare Blowers e~t Work. Safe bolowers ha-ve been at work in e upper part of the State. At Don Ids the safe of W. Rt. Dunn was racked and 3195 and some money be mging to private persons. the exact mount or which is not known. The ~ostofice at D~onalds was next visited here the robbers secured $196: From )onald they went to D)ue West. four niles through the country. The post iice at this place yielded good re rns. Tihey got &634.90. They next isited the stable of D. H. Winn and ok from him a new buggy and a. rown marc about 7 years old and~ ade good their escape in this turnout.. o further trace of the robbers hai ecn found. It is stated that tools of e section master on the Southern ailway were secured for their work. Pretty Tough. The Governor of Missouri has just, ardoned a convict who was serving a ten year sentence in the peniten larv for manslaughter. that he mnight hangzed immrediately for murder . Lmmitted in an attempt to escape 'om pr'ison. 'hat is a pretty tough ortiom