The Manning times. (Manning, Clarendon County, S.C.) 1884-current, August 30, 1905, Image 1
VOL. XIX, MANNING, S. C., WEDNESDAY, AUGUST 30, 1905- NO. 49.
BIG BRIBES
Were Offered by the Whiskey
Dealers Says Mr. Mixson.
THE CHARGE DENIEP.
Mr. F. M. Mixson Says That He Was
Offered Great Sums of Money by
Certain Houses if He Would
Bay Whiskey from Them,
Which He Declined.
The legislative committee arpoint
ed to investigate the dispensary was
at work In Columbia last week. Hon.
W. 0. Tatum, Commissioner, and Mr.
Coster, of the State Treasurer's office,
were examined, but nothing of a sen.
sational character was disclosed. Mr.
Tatum's testimony showed that he
was managing the dispensary for the
best interest of the State, and that
under his administration things were
being honestly administered.
Some sensational testimony was giv
en by ex-State Liquor Commissioner
Mixxon, who was In charge of the in
stitution ten or more years ago. He
was the sole purchaser of whiskey for
the dispensary. At that time the
board consisted of Gov. John Gary
Evans, Secretary of State D. H.
Tompkins and Comptroller General
Norton. To begin with the business
the State borrowed $50,00C, which
witness paid back in the form of meet
ing the enpense of the 1895 constitu
tional convention,
Mr. Mixson says he had a complete
stock-taking when he assumed chargt,
and also when he retired. Up to 1896
the net profits went to the State, but
after that to the school fun i. la the
eleven months of his administration
the gross sales were slightly less than
a million dollars and the net profits to
the State $160,000. There was no
limit then to the profit the institution
might make so far as the law was con
erned. As to rebates which were
alled discounts then, witness said that
he made a practice of demsnding a
discount of 5 per cent, which he then
turned into the State. He bought
from reliable house alone, which read
Ily granted these discounts.
The beer houses did not allow dis.
eounts the witness said. He saved
$20,000 to the State in rebates. Er
ommisiner Mlxson's annual report
was canvassed to show that he bought
only from reputable houses, some of
which are still trading with the State.
"Colonel, in your dealings did any
of the houses offer you any induce
ments personally to buy?"
"Yes, sir; several of them did. Sc.
retary Hubbel, of the whiskey trust,
connected with the Mill Creek Distil
lery, Meholovitch, Fietcher & Co., Mr.
Tanahan, of Lanahan & Son, of Balti
more, and smaller offers from smaller
concerns."
Mr. Mirson then related how Mr.
Hubble came to Columbia to see him
and he took him into the sample room
and offered him $262 50 for each car
load of whiskey he bought from them.
"Did you ever accept this or any
other money or inducement?"1
"No, sir."
Mr. Mixson then went into the de
tails of the Interview with Mr. Hub
bel. Witness told him that if he
would credit this on the invoice that
the offer would be accepted, the re
bate to go to the State. Wnen wit.
nes discovered that HubbAl intended
the money for him personally be
turned him down and never patronized
him again. "I reported the matter
to Gov. Evans," the witness asserted.
Mr. Hnbbel Is now dead.
When the witness related how a
representative of Maholovitch,
3'liteher & Co., came down and made
him an offer of $10,000 a year person
anly to buy from his firm. He re
jeted the offer and refused to buy
from the house again. Next Mr. Mix
on related an interview he had with
gam J. Lanahan of William L-.nahan
& Sons, of Baltimore, who made hIm
an offer of $30,000 a year if Mr. Mix
son,would buy $400,000 a year.
DEN~IES THE CHARGE.
A dispatch from Balt-imore says
kamuel J. Lanahan makes vigorous
denial of the Mixson charge of at
tempted bribery in the South Caro
lina dispensary investigation, refer
ring to which he said.
"1! the witness Is reported correct
ly, I want to make an unqualified de
nial of the truth of the tes;imony.
"I know Mlxson, he made an effort
to connect himself with our house,
but we wouldn't have him. This faci
may account for his testimony. I
know of no other reason for it.
"Our house has done a large busi
ness with the dispensary every month
for the last four or five years. In all
our dealings there I never offered a
bribe or other than a legitimate in
ducement to transact business. I
never offered Mixson $30,000 or any
other amount. The conversation
which he is reported as testifying to
never took place and the incident he
speaks of never happened. It is a
fabrication, pure and simple. I posi
tively deny its truth. If there is a
way of making denial stronger, I
would like to know it, so that I might
make use of it."
A Pot of Gold Found.
A pot of gold, supposed to have been
buried by Capt. :Kid, has been dug up
on Sullivan's Island. The Charleston
Post says "the gold was found near
the chimney of the Buckley house on
Saturday night, being turned up by
one of the laborers who was raising
the 'aouse to make room for the ex
tension of the barracks of the arms
post. The laborer who laid claim and
made off with the mouiey could not be
learned, but he was not a souvenir
hunter, being content to take the
gold and leave the rusted metal pot,
including a number of old Spanish
doubloons, valued at $16 each, pistols.
Louis and .other coins, and the ex
itement which the find has made
among the native islanders has as.
nmeA no smanl DIOportiODlS."
AFIER MANY DAIS.
A Fruit Laden Steamer Eas a Pcri
IoUs Voyage.
All on Board Forced to Eat Shark
and Allowed One Swallow of
- Water a Day.
The steamer Athos, 17 days late,
with eight pssengers and a cargo of
rotten bananas and with the bones of
half eaten sharks on board to indicate
the perils of her voyage, arrived off
Scotland lightship last Monday night.
- On July 30, the Donald Steamship
company's s;eamer Athos left Port An
tonio, Jamaico, for New York, a six
days' voyage, with provisions in plenty
for this short period. Three hours cue
of port an cocentric rod on the engine
broke, and from that hour until last
Sunday week, proceeding sometimes
ony an hour a day under her own
steam, the Athos drifted at the mercy
of the storms, in constant danger of
famine, once without drinking water,
and receiving supplies from time to
time off passing vessels until on Aug.
ust 20 the disabled steamer gave up
and signalled the steamer Altia for a
tow. This steamer brought the Athos
to New York.
The trouble was in the engine all
the time. From July 30 to August 7,
one or two breaks daily were recorded
in the engine. The log chronicles the
fact that the daily delay was only 30
minutes long on August 5.
Two days latter the catching of the
sharks is recorded. Chinamen on board
attempted to eat the sbarks but the
meat made them ill and the fish were
Dhrown into the sea. Daring the next
wo days boats were lowered from the
Athos to search for food fish.
On August 8 the disabled steamr
Oighted the steamship Adirondack and
ignalled "All well on board," but on
he tenth the last tank of water was
pened and was found to be tainted
ith the juice of rotting bananas.
Some dolphin wer6 caught two days
ater and on August 13th the incipient
,amine was further relieved by the
;teamer Montevideo, which supplied
)rovisions.
For nearly a week between August
L0th and 17th the engine's shaft was
seless. but not only was the steamer
,orced to drift about while repairs
ere under way but for two days of
his period a great storm and high
eas broke over the helpless steamship.
rhe log indicates meanwhile that more
olphin were caught. Finally, on Aug
st 18, the coupling flange broke and
he Athos abandoned the attempt to
nake New York under her own steam,
Lfter 20 days of continuous accidents.
Et was decided to accept the first offer
)f a tow. This did not come for two
lays, during which a second food fam
ne was averted',by the steamer Vera,
which came alongside the Athos sup
Ilying eatables and drinkables.
At Scotland lightship last Monday
ight the tow line broke, as a last
hapter in her long series of accidents
Lnd the Athos could not repair the
r ken line in the dark, but anchored1
~or the night while the Altal brought
ier passengens to quarantine. Tues
~ay tugs were sent out to bring the
athos into port.
Passengers of the Athos, on landing
[nesday, reported that the famine
~saused small mutinies among the
ships crew of 18 Chinamen. Trouble
irst started among the coolies over
he dearth of tobacco and rice. A
iegro helper was stabbed during one
f the lights of the hungry crew, but
~be effleers and passengers were not
~erousy menaced.
At one time the only water to be
ad was ccean brine which had been
oied and condensed. One swailow a1
lay to each person was all that this
proce.s allowed.
Serious Charge.
According to a special dispatch to
he Augusta Chronicle from Atlanta,
;ys Mrs. Ed. L. Wight, .Tr., is held1
t the home of her relatives there un
er the care of a special bailiff, on ac-1
ount of warrants sworn out by her
ausband and his relatives, charging I
arson and assault with intent to mur
er and also a pc warrant. It Is
laimed Mrs. Wight employed two
negroes to burn the house in which
ter husband lived. The negroes gave
he plan away and were held as wit
esses. Mrs. Wight was Miss Cooper,
of Atlanta, and her relatives have
sworn out warrants charging her with
lunacy. Mr. Wight is a well known
citizen and business man of Albany,
Ga., and a son of a former mayor of
that city.
Fixed a Price.
The Georgia division of the South
ern Cotton association Wednesday
adopted resolutions calling upon cot
ton growers to fix a minimum price of
30 cents a bushel on cotton seed and
to sell not a pound at a less price; also
declaring that no cotton shall be sold
by farmers under its jurisdiction at
less than 10 cents a pound, until a
fixed price shall be agreed upon by the
exeutve committee at Its meeting at
Asheville in September. As assess
ment of one cent a bale based upon
the number of bales raised last year
was levied to meet the expenses of the
State organization.
The Genuine Arttele.
A real daughter of the revolution
has just died in Westmoreland coun
ty, Pennsylvania. Mrs. Sarah Atchi
son Ross was ninety-eight years old
and was the daughter of Thomas
Atchison, who fought under Wash
ington at the battle of Trenton, and
the widow of Tnomas Ross, a veteran
of the Mexican war. She was one of
three women to whom were presented
gld spoons by the national society be
cause of being daughters of men who
fought in the struggle of '76.
Walls Uollapse.
At Pittsburg, Pa., Sunday the walls
and first floor ceiling of the Avenue
Theater building, which had been
burned some time ago, and was being
wrecked, preparatory to the construc
tion of a new building, fell with a
crash, carrying down about twenty
Italian laborers, burying a number
under the debris. In the confusion
it is impossible to say how many are
killed or wounded, but six badly
wounde d persons have been taken out
PAID FOR JOBS.
Members of the State Constabu
lary Bought Places.
SEN'ATIONAL TALK.
The Names of Prominent Gentlemen in
Public Life in South Carolina Fig
ure in Dispensary lovestigation
on Hearsay Testimony
Before Committee.
In the dispensary exmination in
Columbia on Thursday Division Chief
Fant, of the constabulary force, made
ome sensational stawements. A good
:eal of it was hearsay, and this is un
ortunate, but perhaps it is just as
well for everything to come out, al
though heasay evidence is often em
barrassing and proves utterly ground
less; Mr. Fan%, in his evidence, gave
the distinct impression that certain
parties in Spartanburg were regularly
artering positions on the constabu
lary force, from the smallest to the
Mighest position.
He said it was reported that Mr.
Wiflam McGowan, of that city, was
%redited with having a regular con
;tabulary mill and that he had the
record of 28 men who had arranged
ith Mr. McGowan to get jobs on the
sonstabulary, and that the offers for
;he positions ranged all the way from
120 to $300, and that at one time
hen his position was in jeopardy be
2ad Toland offer Mr. McGowan $300
'or the position of division chief, but
his was done merely to gain time to
?uncture the scheme, and that he
iever intended paying a aent for his
osition, but that he wished to ex
>ose the affair.
He then went on to say he reported
he entire matter to Governor Mc
weeney, and that he was retained in
1s position, but that Governor Mc
;weeney could not expose the afftir,
Lnd that then he appealed to Mr. Geo.
R. Prince, and later on to Senator
Cillman, to expose the affir, and, he
aid, he offered them the evidence.
)enator Tillman wrote him that he
xad turned the matter over to Col.
rmes H. Tillman, but that nothing
ame of the repeated efforts to secure
ublicity.
Again he testified that he had told
dr. McGowan one day that he was
rery much annoyed by persons asking
Aim for jobs on the force. Cpt. Mc
3owan had told him to turn all such
ppl!cants over to him and he would
ake them off Capt. Fant's hands.
Cne grim old chief then narrated with
ivident satisfaction that he had in
riting the names of 28 persons who
ad applied for places through Mc
;owan and the amounts paid by eacn.
He had a record of the cirum
tances. "Mr. McGowan was running
he mill up there," he explained, "but
e had a helper down here In Colum-.
'a. Private's places on the force
ere going at $25, and for the place
>f chief the bids were from $250 to
300." Capt. Fant then continued
hat he wrote to Gov. McSweeney,
living him all of this information.
'The Ill treatment of myself which
iad been going on for a long time was
topped then," he declared, "and I
as given enough men to enforce the
Mr. Fant said that the claim was
nade In Spartanburg that Mr. Mc.
lown had a worker in Columbia, andi
inally, when pressed ta name who this
orker was alleged to be, said that it
as merely heresay, but that the name
ised was that of Mr. U. X. Gunter,
r., then assistant Attorney General.
Kr. Fant did not know that any one
lad ever paid for a position on the
~onstabulary or that Is had been got
en through the alleged mill in Spar
anburg, but that he was prepared to
how that 28 men had taken the mat
er up.
Mr. Fant further alleged that it was
eported to him that Chief Howie paid
1275 to Chief Clerk W. W. Harris for
is position, and that William Gross
dleged that he paid $125 to get on
he county board of control. These
natters wll be heard from and the
ther side presented. Mr. Fant and
dr. Seay testified that they had given
50 and $40 each to Mr. Dillingham
or alleged expenses in connection with
he candidacy of Governor Heyward
n the primary.
Mr. Fant and Mr. Seay stated that
hey paid Mr. Dilingham this money
m what they understood to be the
epresentation that Mr. Dlllingham
1ad spent over $1,000 in the election
>f Governor Hey ward and that they
were asked to share in that expense.
rhey both stated that it was a volun
~ary offering on their part but that
t was with the understanding that it
was to pay election expenses.
JOE SEAT TESTIFEs.
Joe Seay, an ex-c-nstable whose
name had been mentioned before, was
next put up. He explained lhe pistol
incident referred to by Capt. Dilling
tram. He was trying t-2 buy a pistol.
Iere was nothing crooked in the
transaction, he declared. When Hey
ward was running for governor, he
had gone out and worked for him be.
nause Russell Giaffney had told him to
go ahead and work hard for Heyward
and af ter the election Mr. Dillingham
would pay him. He had favored Gov.
Heyward anyway. Mr. DillIngham
gave him $2 for his day's work at the
polls the first primary. He met Mr.
Heyward that same day and was ask
ed to work in the second primary. He
had carried all but three votes out of
107 at his box for Heyward in the sec
ond primary.
Mr. Dilungham had then offbred
him a position on the constabulary.
Witness said he didn't want the job.
but afterwards concluded that if there
was a certainty of getting the j-ob hc
would take it. Dillingham then told
him to go home, rent his place and
move to town. He Complied and with
others waited In. Spartanburg to get
jobs with Dillingham's assistance. He
had waited and waited untIl he got In
debt for rent and rations and had got
to the point where he was praying for
a job.
Gave Mr. Dillingham a note for $50
to help bar the election expnsnes.
Paid $10 the first month he was on
the force. The second month when
he went t) pay another Instalment
Dillirgham said, "Joe, have you got
that receipt?" Witness produced the
receipt for the first $10. Dillingham
said, "Give it to me and I will return
your note, I didn't want anything out
in black and white in this transao
Lion." Witness was given back his note
but continued to pay on it until he
nad paid $40. He then asked for a
suspension on the last $10, as he had
nelped Mr. Dillingbam around the
stable when he was waiting "or the job.
He had never heard of Mr. Dilling
ham complaining of E wbank selling
liquor out of his stable. Knew noth
ing of any reports of that kind. When
questbn d by Dillirgbam, he told
tiow he had lost his j.b. They bad
been on a long raid and he got too
much whiskey and expressed his mind
ibout the other mcn going off and
leaving him on watch.
WHAT DILLINGHAM SAYS.
Mr. Dillingham, on the other side,
amitted that Mr. Fant had paid him
$50, that Mr. Seay had paid him $40,
and that he had collected other money,
but that it was no part of any expense
in connection with the nomination of
Governor Hey ward and that Gcvernor
Heyward had absolutely nothing to do
with it. He insisted that he was paid 1
this money because in helping Fant
and Seay and others get their jobs he
had to lose time from his business and
make visits to Columbia and that it
vas a recompene for his time and
work, and that those who paid him
understood it that way, or he tried to
make it so understood.
He said that whatever expense he
incurred in helping the candidacy of
Governor Heyward by authority of
Hr. Law, as the representative of
3overnor Heyward, was returned to
nim, and that he felt that whatever
Legitimate expense he went to in this
ampaign was with the approval of
lovernor Heyward and Mr. Law, the
freind of Governor Heyward in his
ompaign.
If Governor Heyward, with the ad
vice of his friends, thought it judicious
and prudent to expend a limited sum t
lor legitimate campaign expenses, that
Ls his concern, but he never authorized
ny approximation to the sum of $600
)r $700, which Mr. Dillingham says he
lelt he had a right to expend in his
nthusiasm to see Governor Heywad y
ain the nomination. Successful cam
paigns these days require money here C
and there for necessary legitimate ex
enses.
GUNTER )ENIES IT.
Mr. Gunter is sick with typhoid
ever at the hospital and withhis clean
cord as a man and officer it is unfor
unate that his name should have been
nixed up with this scandal on mere
earsay. Mr. W. H. Townsend, the:
,ssistant attorney general, was asked
or a statement in behalf of Mr. Gun
;er and gave the following interview
Nhich he had had with Mr. Gunter.
"The hearsay statement of the wit
less Fant was shown Attorney Gener
.1 Gunter at the Columbia hospital I
rharsday evening; and he said it was
famously false that he had asked,
eceived, expected or wanted any com- E
ensation or reward for aiding any
iody anywhere to obtain a position or
dfice conmected with the dispensary or
,y other governmental agency. Why .
ts name should be connected with
~uch statements he cannot conceive.
[hat he has never importuned any of
~he governors for such favors, as will
e borne out by the governors them
elves. No truthful man can be found
who will say that he ever paid him
,nythng. Of course, his uame may
ave been hawk~ed without his knowl
~dge by designing persons: if so such
~erson should, and must be, held ac
:untable, and, he intends to use every ~
~ffort to find out if such is the case,
ust as soon af he is able to leaye the
ospital.'' r
JUDGE FRINCE's VERsION' c
Judge Prince ssys that no papers or
vidence and no specifiestion of
aarges were ever filed with him by e
~ir. Fant or by any one else. He had
ever heard of any being filed with
hiv. McSweeney or with Senator Till-e
nan. Judge Prince says that so fare
, he can remember, Mr. Paut never
nentioned to him in any way the
anagement or conduct of the con
~tabulary force at Spartanburg but
~hat in a casual conversation Mr.
iant did once state that some consta
>es, perhaps a chief constable at
ireenville, whose name escaped the
udges memory, had been guilty of
~ome misconduct. The judge advised
Er Fant to get up affidavits about the
natter and file them with the gover- t
or. He afterwards heard no more of C
ne matter.
CAPT. arOGOWAN'S REPLY. C
A dispatch from Spartanburg to s
he State says Capt. McGowan, who t
as been out of town sin~e Wednes- 5
lay afternoon, on arriving went to s
hief Fant and asked the names of C
he 28 men who had appiled to him I
Mc~owan) for positions and consta- d
les. Chief Pant replied that It was I
rumor, but he would get up the C
ames if he could. Capt. McGowan's s
~onnecton with dispensary officials I
~as always been in the capacity of at- a
orney. At one time, he said, he rep
esented a member of the board of t
~ontrol before the county delegation t
n the general assembly. z
The matter was carried to the t
State board and he was paid a fee. I
Afterwards he was active In securing I
he appointment of two constables t
ad these persons paid his expenses to t
olumbia and in each case this amount
was not over $10. He said thathe al- t
ways signed petitions of persons ask- I
ng for positions on the constabulary I
orce and was of the opinion that I
ther members of the bar did the C
ame. Capt. McGowan said that B. t
. Toland had never off'red him one a
ent or given him any inducement tot
ave Chief Fant removed. t
A; to Attorney General Gunter and
:ispensary appointments, he said that 1
he had never in his life spoken to Mr. '
unter about such matters, except I
probably once. A man named Groce, I
who claimsd to oe a good friend of i
unter and Chief Hammet, applieda
Mr a position and asked him to speak
a good word to Chief Hammet. Capt. I
McGowan said that all his connections I
with constables had been as attorney :
and he will represent any and all of t
them if they can pay the fee exacted. C
He thinks that the ringing in of Mr.
Gunter was cruel and unnecessary and :
this opinion is shared by a large num
e of people in Snartanburg. I
THE BRICE LAW
Fo Be Carried Into the Conrtc
and There Tested
08 TO ITS LJGAIiY.
[his Also Involves the Legality of tb
Recent Election in Union County, and
Judge Townsend Has Ordered
the Dispensaries There
to Remain Open.
A special dispatch to The State from
Jnlon says Judge Townsend Tuesday
f last week isaued the following
>rder:
"It is ordered that the defendants
lo show cause before me at my cham
iers at Union, S. C., at 11 o'clock on
he 6th day of September. 1905, why
hey should not be perpetally enjjin
d from closing the dispensaries as a
esult of the recent election held on
he 15th day of August 1905. Tnat
he said defendants are hereby re
trained and enjoined from closing
d ceasing to operate said dispensar
es until the further order of this
ourt.
"Let a copy of this order be served
ith the summons, c':mplaivt and af
idavits upon each of the defendants
Lerein. "D. A. TOwNSEND.
"Circuit Judge.
"At Chambers, Union, S. U., 22nd
Lugust, 1905."
By the istuing of the above quoted
irder, a delay has been put on the
arrying out of the wishes of the vot
rs of Union county, as expressed in
he election held Tuesday, August
5th, when they declared by their bal
Dts of "dispensary" 412 and "no dis
ensary" 761 that they wished the
ispensary to go.
The action was brought by W. Boyd
ivans and Lawson D. Melton, attor
eys of Columbia and the complaint
overs 11 pages of closely typewritten
atter.
No interference was made in the de
laring of the election by the election
ommissioners, as had been anticipat
d; but about 4 o'clock the attorneys
ppeared before Judge Townsend and
ecured this temporary injunction on
, complaint made by Carrie Barnett,
well known farmer of the county,
tving near Buffalo.
The defendants are B. M. Fincher,
zie Kelly and W. D. Wilkins, coun
y board of control, and G. C. May, J.
. Howell and J. R. Askew, county
ispensers. Under this complaint Mr.
larnett alleges that he is a taxpayer,
sident citizen, and qualified voter of
Tlon county; that the defendants
amed have under their custody, con
rol management and direction three
iseposaries for the sale of intoxicat
2g liquors in this county. That by
irtue of an alleged act of the general
ssembly entitled "An act to amend
acton 7 of an act entitled 'An act
o provide for the election of the State
oard of control, and to further regu
Lte the sale, use, consumption, trans
ortation and disposition of intoxicat
sg and alcoholic liquors or liquids in
his State, and prescribe further pen
tles for the violation of the dispen
ry law, and to police the same.'"
pproved March 6th, 1896, and as
menied by the general assembly of
outh Carolina at its regular session
i January, 1904, and approved Feb
ary 25th, 1904. T. J Betenbaugh,
ounty supervisor of Union county,
rdered an election to be held, submit
lg to the qualified voters of the said
ounty of Union the question of "dis
ensary" or "no dispensary," on the
5th day of August, 1905. That the
lection was held on the day prescrib
d, and the county board of commis
oners have today declared the result
favor of "no dispensary;" that said
ounty board of control and dispensers
ave threatened and declared their in
ention to close the said dispensaries
nd cease to operate the same, claim
g it is their duty to do so as the re
alt of the said election.
THE GROUNDS.
This the plaintiff alieges would be
nlawful, unconstitutional and void,
n the following grounds:
() That this section 7, as above
Ited, is in direct violation of the con
Gitutional inhibition contained in ar
Lcle 3, section 34 clause 11 of the con
itation of South Carolina, 1905. That
rid section is an attempt on the part
f the general assembly to pass a spec
1 law to limit the operatlon of the
ispnsary law to certain special local
les, and the act being deprived of its
haracter as a general law becomes a
peial or local law. That the election
eing made under said section is illeg
I and void.
(b) That by virtue of articles 8, sec
Ion 11 of the constitution of 1895,
be State cannot delegate to its citi
ens any special localities determed by
heir votes as to whether they shall
e subject to the exercise of the said
olce power regarding the manufac
re, sale or prohibition of liquors or
leverages.
c) That the act popularly known as
he Brice bill is unconstitutional, as
he general assembly failed to provide
or the holding of elections at which
ie such questions as "dispensary"
r "no dispensary" can be submitted
o the people, and has failed to pre
cribe the manner in which such elec
ion shall be held and results ascer
ained.
(d) That under the general election
aw the election should be held the first
~uesday following the first Monday in
sovember, 1896, and each second year
hereafter; that if it should be held
nder this law such special questions
a "dispensary" or "no dispensary"
hould be submitted to the people,
hen such election could only be held
he first Tuesday of November, 1906,
,nd that T. J. Betenbaugh had no an
hority to order said election for any
ther time.
() By virtue of a majority of the
'otes being for "no dispensary" levies
special tax upon the tax payers of
Tan county, whirch is in violation of
article 1, section 7 of the constitution.
Furthermore, that this bill originated
in the senate, when under the consti.
tution, article 3, section 15. "Bills for
raising revenue shall originate in the
house of representatives, but may be
altered, amended or rejected by the
senate, and all other bills may origi
nate in either house, and may be al
tered, amended or rejected by the
other."
The plaintiff alleges upon Informa
tion and belief that the petition for
an election on the question of "dis
pensary" or "no dispensary" was not
signed by one-forth of the qualified
voters of Union cmunty, and that the
supervisor ordered it without ascer
-aining same; that the plaintiff is in.
formed and believes the election was
fraudulently and illegally held and
conducted, in that many persons who
were not qualified voters were allowed
to vote, and many persons who were
qualified voters were not allowed to
vote; persons were allowed to vote at
precincts other than those at which
they resided; no registration books
were furnished the managers, as re
quired by law, and in many ways the
law was not complied with; and as a
result of this fraud and these irregu
larities the election resulted in "no
dispensary," whereas, if it had been
conducted according to law, it would
have resulted in favor of the dispen
sary. That the plaintiff, as a citizen
and resident of Union county, has a
right to purchase intoxicating liquors
form said dispensaries, and it same are
closed, as threatened, the plaintiff and
other citizens of Union county will be
deprived of their rights and privileges
to purchase alcoholic liquors, as he or
they desire to do, and the county will
be deprived of the revenue it is en
titled to under the provisons of the
dispensary law.
On these grounds the plaintiff prays
that the injunction be Issued to pre
vent the said dispensaries from clos
ing, and the election to b6 declared
un::onstitutional, illegal and void.
Following this are affidavits signed
by J. B. Wilbanks and A. B. Burgess,
mill operatives, and J. F. Wilbanks,
a farmer, who allege that they did not
authorize the signing of their names
to the petition, and that as taxpayers
they will be damaged because the elec
tion cost the county 8300.
THE sUPERVIsoE's PArT.
The next affidavit is that signed by
G. :0. May, beer dispenser, and J. G.
Howell, dispenser, who allege that
they, with W. Boyd Evans, visited Su
pervisor T. J. Betenbaugh on the
nigh of August 11th, and that Beten
baugh said in their presence that
when the petitions were first present
ed to him there were about 1,000 sig
natures to said petitions, and that he
took them and carefully examined
them for several days, and of the 1,
000 signatures to said petitions he
found only 274 qualified voters to said
petitions, and that he refused to order
the election and returned the peti
tions to those who had presented them;
that those interested took the peti
tions and went over them, and said
they had found 50 or 60 additional
qualified voters, but that he did not
investigate to see whether or not this
was correct; that later the same peti
tions were presented to him again,
with less than 200 additIonal signa
tures, that he took the petitions and
ordered the special election to be held
in Union county on the question of
"dispensary" or "no dispensary" on
the 15th day of August, 1905, without
further investigating the said peti.
tions to see whether they contained
the one-forth of the Qualified voters,
as required by law, or not. At the
same time he ordered the special elec
tion he did not know whether the pe
titions contained the one- fourth of
the qualified voters or not, and did
not know them; but that he ordered
the said election because those who
presented the petitions said that they
had the one-fourth of the qualified
voters; that if he had known what he
knew then, that it was not his busi
ness to find out whether the petitions
contained the one-fourth or not; that
the supervisor of registration did not
make an affdavit that the petition
contained one-fourth of the qualified
voters, neither did those who present
ed the petition the last time make
such an affdavit, that he only took
their wcrd for it, that he has been
over the books of the supervisor of
registratir for Union county, and
that he knows that there are at least
1,800 qualified voters in the county of
Union; that he could not make an af
fidavit at time he ordered the election
or then that the petitions asking for
an election contained one-fourth of
the qualified voters of Union county;
that he would make an affdavit to
this effect next morning, August 12th,
1905, when ne came to his offce; that
instead of making said affdavit niext
morning, as above stated, he refused,
stating that he preferred to go to his
offce and write out a history of the
whole matter, in the form of an aff
davit. Instead of going to his own
offce, he went to the offce of ,T. A.
Sawyer, where he spent the whole
morning, and about 2 o'clock that
af ternou, August 12th, he sent a
letter to W. Boyd Evans stating an
entirely different thing than that stat
ed the night before in the presence of
them; that the said letter is affxed to
the affdivit.
The letter referred to has already:
been published. In closing it he s~ys:
"At the time I ordered the electika I
was satisfied that the petition con
tained one-fourth of the qualified
voters of the county, and I am now so
satisfied."
Charged to Carelessness.
The findings and opinion of the
court of inquiry which investigated
the fatal explosion on the gunboat
Bennington has been-made public by
Secretary Bonaparte. The court ex
jg:esses the opinion that the explosion
was caused by excessive steam pres
sure in her boilers, resulting from
closing the steam valve connecting
with the guage. The court says that
D. N. Holland, the fireman on duty
closed the valve. The court finds En
sign Charles D. Wade of the engine
department of the ship at fault in tail
ing to see that the steam and safety
guage valves were closed at the proper
time, having accepted the report of
subordinates that this had been done
in March. He was declared negligent in
the performance of duty and that he
should be brought before a court
SLAVES OF DRUGS.
Fearful Prevalence of the Habit in
Probitution Districts.
Not Being Able to Get Other Stimu
lants Cocoaine, Morphine ana
Other Drugs Are Used.
The Washington correspondent of
the Columbia Record says Albert Lie
ber, one of the most prominent citi
zens of Indianapolis, has been In Wash
ington on his way to New York to
meet his father, Peter Liebr, United
States consul at Dusseldorf, Germany.
Consul Lieber ard his wife are re
turning to the United States after a
long residence abroad, and will spend
some time in this country visiting rel
atives and friends.
"I wa3 appalled at some facts given
me in the Arlington hotel by a South
ern man stopping there," said Mr.
Lieber to The Record correspondent,
"and the statements are such that
they should receive the earnest atten
tion of the best thirking people of
the United States The gentleman
said that he had been informed that
physicians in many portions of the
South, especially where prohibition is
in force, had found that the cocaine
habit was making slaves of the negro
race. They were prevented from sat
isfying their appetites with beverages
of some kind that would stimulate
and they bad turned to cocaine, which
was being consumed in immense quan
tities, generally being put in cider or
some other drink. Pnysicians had
told the gentleman who had informed
me that the long continuance of the
habit would prove more destructive to
the negro race than anything on the
face of the earth, inasmuch as It not
only wrecked them physically, mak
them despise work, but would kill
them off quickly. In the Washington
Post of July 31st was an interview
with Mr. E. J. Bowen, of Little Rock,
Ark., who gave utterance to precisely
similar views. He said that where co
caine could not be obtained lemon ex
tract was being used in prohibition
communities. He said he knew a man
who used to drink it incessantly until
it killed him. There is often a brisk
trade in perfumes, red Ink and nearly
anything that could be used as a sub
stitute for stimulating drinks.
"I know of my own accord," went
on Mr. Lieber, "that in many prohibi
tion counties in the country men and
women have begun the use of opium
and drugs that will satisfy the craving
for stimulants of some kind. It seems
to me that this Is a fearful argument
against sone of the existing forms of
prohibition. Now, I believe in tem
perance myself, but I do not know
anything more foolish than to deprive
people of stimulating beverages of
some kind. Personally I would not
object to rigid prohibition against
whiskey in any community, but I be
lieve all sensible people will admit
that beer and the lighter drinks
should not be shut out of any comma
nity. Let us take the very communi
ties where good authority says the
people of a race are largely turning
to cocaine and other drugs, and the
probability is the same state of affairs
exist all over the Siuth and in other
portions of the country. Suppose the
prchibition laws should admit beer
and the drinks that do not produce
drunkenness unless used to the gross
est excess? These negroes would not
desire the awful drugs that they now
use. The small percentage of alcohol
in beer would satisfy their appetites,
and they would be happy. Human
nature demands something that
stimulates, and the least harmful of
all drinks Is beer.
"If the prohibitionists would deal
with human nature as it Is and recog
nize the demand for something stimu
lating they would insist upon the ex
elusion of the ardent spirits and ad
mit beers, wines, etc. Prohibition
now results in the surreptitious sale
of whiskey where possible and tihe
shutting out of wines, beers, ect., be
eause they can only be handled in
bulk. The effect is disastrous. Men
and women, especially the ignorant
ones, turn to opium, cacaine, nicotine,
ginger ale, with t wice as much alcho
Liol as beer; patent medicines, con:
taining 40 to 50 per cent. of alcohol,
and some of-the s-ida fountain drinks
that are bad as opium."
Adr-ift ror Forty kHonrs.
Miss Zelda Stewart and her fiance,
John Chartres, were found in an open
boat forty miles out fromu Chicago In
Lake Michigan late Thursday after
noon. They were almost famished.
They had been without food for forty
hours. Water they secured from the
lake by scooping It up In their hands.
The couple left in a row boat from the
foot of Montrose boulevard at 10
o'clock Sunday night for a boat ride
on the lake. When found both were
unconscious in the boat, and at first
believed the long strain and suffering
had brought death. When Miss Stew
art and her fiance were taken on a
launch both were soon revived. Up
to a late hour Thursd3ay night neither
had revived sufflciently to give any of
the details of their mishap.
The Home Merchants.
"Who is the home merchant?"
Asks an exchange. He is a man who
helps pay for the streets on which you
walk; he helps to keep up the church;
In which you and yours worship; every
subscription paper that is passed has
his name upon It; he is the only one
who cannot afford to swindle you, self
Interest If nothing else, would prevent
this; he bears his share of the burden
of good government and stays with
you in sunshine and darkness. Paste
these facts In your hat, and then stop
and consider whenever you are tempt
ed to send away for anything kept in
your own town.
Earthquake Shocks.
A dispatch from Chicago says Illi
nois was shaken by an earthquake
Tuesday night of last week. The
shocks in the southern part of the
State, especially in the region sur
rounding East St. Louis, were severe
enough to rattle dishes and furniture,
cause dogs to bark and children to
awaken and cry. Houses creaked and
In many instancas their occupants
rushed out In terror, fearing that the
straining beams and joists would give
wiy. St. Louis reports three distinct
hocks
HOW HE STANDS.
Senator Manning Gives HisViews
on the Dispensary.
WANTS LAW AMENDED
The Senator, Who May Become a Can
didate for Governor, Does Not Ac
cept System as It Is at Present.
Opposes Prohibition as It
Won't Be Enforced.
The following letter from Senator
Richard I. Manning, of Sumter, who
may become a candidate for governor
will be read with interest.:
SUMTER, S. C., August 23.-A
number of articles have appeared in
the newspapers calling on those who
are spoken of as probable candidates
for guver in the Democratic primary
next year to express themselves on
the question which Is now agitating
the public mind, namely, the liquor
question.
As one of those referred to, I desire
to say that I have no hesitation in
stating myposition on this question.
In doing so I have no desire to precip
itate the campaign at this time for
although I have frequently been men
tiened as a candidate for governor, I
have not, up to this time, positively
decided to be a candidate, and in now
statimg my position on the ligqior ques
tion I do not commit myself to enter
the race. I do so now merely to pre
vent the idea being formed in the
public mind that I am awaiting to
see which way the tide turns before
stating my attitude thereto.
In my opinion, a grave condition
confronts our people, and its practical
and wise solution should be of para
mount importance to the political as
pirations of any man or set of men.
L-respective of any candidacy, I feel
that it is the duty of every citizen
who realizes the responsibilities of
citizensbip to do his part in bringing
about the wisest and best solution of
the liquor question, to put aside prej
udice, to put aside politics and every
consideration save the earnest desire
to bring about that condition which
will promote temperance and straight
forward, honest conduct and morality,
and will minimize the evils of liquor.
It is inevitable that differences of
opinion will exist as to the way to ac
complish this desirable end even
among those earnestly and honest
ly striving after the same object. I
respect the position of the prohibi
tionist who believes that prohibition
can be effective in South Carolina. I
admit that there has been a growing
tendency to curtail drink, and the
time may come when the tone of our
people will be educated up to such a
degree of self-discipline, self-restraint
and respect for law that a prohibitory
law against the use or sale of liquor
may be observed, but in my judgment
that time has not yet come in South
Carolina.
But the time has come wheh the
people .of this State will no longer
submit to a continuance of the mal
administration of the dispensary law
-this condition has become intolera
ble. The dispensary must be purged,
and every act of administration con
trary to its purpose of restricting the
sale of liquor must be corrected, the
officers or employe responsible there
f or punished, and every act of wrong
doing wiped out.
The issue In South. Carolina Is dis
penary or prohibition; this does not
mean that the issue must be "dispen
sary-as-It-is" or "prohibition." bnt
"'dispensary amended and honestly ad
ministered" or "prohibition."
A bill will be Introduced at the com
ing session of the legislature which
will, if adopted, so change the dis
penary law that it will.be distinctly a
law to restrict and curtail the use of
liqaor-will make the prohibitive fea
tures prominent and imperative, per
mit the sale of liquor only under con
ditions that will reduce the evils to
the minimum, and suburdinate the
profit feature of the law. This bill
will also make the salaries of dispen
sers and employes absolutely indepen
dent of the amon~at of sales, will
throw every possible safeguard around
the purchase of liqauor to 'prevent bri
bery and corruption, and will endeavor
to correct such defects and eliminate
such abuses as the work of the Inves
tigating committee may reveal, and
make such other changes as may be
deemed best.
I believe that such a law can and
will be a great step toward reduc
ing the evils of liquor; that it can be
made effective and that it w1il not
I -trfere with other functions of gov
ernent.
With such a law, the issue would
be "dispensary law so amended," or
"prohibition." On this issue, I would
stand for the dispensary law so
amended; but I do not stand for the
aispensary law as it is.
R~ICHAD L. MENNhING.
Wants to Relp.
Governor Heyward has received a
letter from W. H. Moms, of San.Tose,
Cal., suggesting that he would like to
aid in building a home for Confeder
ate soldiers in some state of the South.
He says he was a "Yankee" soldier,
but he is willing to help out and
thinks he could secure several thous
ands of dollars from NoTrthern states
for the purpose. Mr. Norment, in
the absence of Gov. Heyward, will re
fer the letter to Gen. Carwile.
Wantse to FiIght
The New York Tribune says Veno
zuela has placed orders In Europe for
torpedo boats, guns and ammunition
at the cost of about 82.500,000, a lar
ger amount than that little South
American republic has ever expended
at one tIme for war material. An
American, who has just returned from
Venezuela, says that President Cas
tro recently declared that he was go
ing to fight the Yankee, which ex
p~i aI a ei unusually large order for
snips. arms and ammunition.