The Manning times. (Manning, Clarendon County, S.C.) 1884-current, September 23, 1908, Image 1

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VOL. XXIII MANNING, S. C. WEDNESDAY, SEPTEMBER 23, 1908 NO.5 FORAKERTREED. Seems to be a Tool Of Standard Oil Co. HE GOT CHECKS. One Letter from Archbold Speaks of a Deposit of Fifty Thousand Dollars to the Senator's Credit. What- Foraker Says. In a speech at Columbus, Ohio. Hearst charged the Republican party with being the beneficiary of the trust corruption. He said he had legal evidence and documentary proof. Hearst then read four letters from Archbold. John D. Rockefeller's right-hand man, to Senator Foraker, of Ohio, who is now a member of the United States Senate. The first letter refers to two bills, one men tioned,as house bill niimber 500. in .relation to foreign corporations against which he desired a demon stration made. Following it, 17 days later, the second letter refers to the senator's favor for $15,000. The third refers to "Another very objec tionable bill," which he hopea there would be no difficulty in killing. The fourth is as follows: "Twenty-six Broadway. April 17. 1900. "My Dear Senator: I enclose you certificate of deposit to your favor of $14,500. We are greatly at a loss In -the matter, but I send you this, and will be glad to have a frank ta& with you when opportunity of fers, it you so desire. "I need scarcely again express or great gratifica!ton over the fav omabe outcome of affairs. "Very truly yours, JOHN D. ARCHBOLD. "on. J. B. Foraker, 1500 Sixteenthl Street, Washngton, D. C." h That Foraker Says. . I United States Sena-tor Foraker Friday issued the following state- 1 ment in reply to the charges made Thursday night at Columbus' by W. I R. Hearst. "I don't know whether the letters I given out by Mr. Hearst are true I or not, but I assume they. are, for I was then engaged in the practice of it law and was employed by the Stan-1 ard 11 Company as one of its coun sel In connection with its affairs in oio, where it was attacked in the t courts and in the legislature. -While I don't now recall the de tails, remember that I rendered the company such service as I could and harged for it and was paid. "The employment had no refer ence whatsoever to anything pending in congress or to anything in which the Federal Government had the sightest interest, "That 1 was so employed and presumably compensated for my ser ices, was common knowledge at the time; at least I never made any ef fort to conceal the fact; on the con 'trary, I was pleased to have people know that I had such clients. "It had not then become discred itable, but was considered just the reerse to be employed by such cor poratons." Hearst BePIl . At St. Louis, Mr., Hearst on Fri- I day night in n speech said: "Mr. Foraker replies in charac teistic Republican manner. He ad mits that he did serve the Standard Oil and is proud of it. His state ment Is based on letters I read las: night. If he had seen the letter 1 m going to read tonight, he would have denied the whole matter. The first letter follows: "2$ Broadway, New York, Januasy 27, 1902. "My Dear Senator: Respondiag to your favor of the 25th, Itgie me pleasure to hand you herewith certficate3 of deposit for $50,000 inm accordance with our understanding. Your letterstates the conditions cor 'etly, and I trust the transacion Will be successfully consumated. V~~ery truly yours, "JOHNZ 0. ARCHBOLD. "Hon. J. B. Foraker, Washington, D. C.' The second letter as read by Mr. Hearst was as follows: 2$ Broadway, New York. February 25, 190. 'hy Dear Senator: I venture to write you a word re the bill intro duced by Senator Jones, of Arkan-' sas, known as S. 649, intended to amend the Act 'To protect trade an~c commerce against unlawful re-' straints and monopolies,' etc. m trdced by him December 4. It really seems as though this bill is very unnecessarily severe, and even vicious. Is it not much better to test the application of the Sher man Act before resorting to a meas re of this kind? I hope you will feel so about it and I will be greatly pleased to have a word fromi you on the subject. The hill is. I believe, still in committee. "With kind regards, yours very truly. JOHN D. ARCHBOLD. "on. J. ID. Foraker. Washing ton, D). C." "The bill referred to in t'ns letter is the one introduced by Senator Jones, of Arkansas, in the united States Senate. Consedquently' Mr. Foraker's statement does not say when he had anything to do in Con gress. "There is n'o greater danger to this Republi' than this Power 01 money emple-red for '-:il.. There ar no ::reatr crimujinals than3 thne trusts that crrupt the rpubli" srn "Th Republcan party has long -~ --NIGHT RlIDERS Waru Farmners Not to Raul Cott to the Ginls. A dispatch from Sandersvil Miss., says night riders have a pe~red in Jones county. and thr prominent farmers received not es Monday night to haul no mo 'cotton to gin. or else they wou "get paid" as they returned hon A general notice was also placed < the pub:-c roads warning all fa miers to cease hauling cotton aft September 14. Considerable e citement prevails and farmers ne: town are rushing their cotton while those farther away have cea ed hauling to the gins. Ginmers Also. Warned. A dispatch from Laurencevill Ga., says night riders have poste written notices. painted with rt hands on them in several gins this county warning the proprietoi that their gins will be burned to tlb ground should a boll of cotton t ginned before the price of cotto reached 12 cents. It is reporte that similar warnings have bee posted on many gins and oil mill over the county. Gin Insurance Cancelled. A special from Quitman. Miss says people in this section are ver much wrought up over the allege, night riders who have been operat -ng in the southern part of thi county. The matter became seriou today when it was learned that som of the insurance companies had no tified their agents to cancel thei policies on cotton gins in this dis trict. FLYING MACHINE WRECKED. One of the Occupants Killed an( One Hurt. After having drawn the attentiot f the world to his aeroplane flighTu at Fort Myers, near Washington., and having established new worl. records for heavier-than-air flying machines, Orvtlle Wright Thursday met with a tragical mishap while making.a two-man flight. The aero planist was accompanid by Lieut. Thos. E. Selfridge of the signal :orps of the army. Lieut. Selfridge was fatally in. jured and died at 8:1t o'clock rhursday night. Mr. Wright was iriously iniured, but is expected to -ecover. While the machine was encirclin' he drill grounds a propeller bladde mapped oi and hitting somue other 7art of the intricate mechanism. :aused it to overturn in the air. and all to the ground. enevloping the wo occupants in the debris. Both men received'tdeep cuts about he head. Mr. Wright regained con ciousness at the hospital and dic ated a cablegram to his brother Lt Lemans. France, and requested hat the same message be sent to is -sister and father at Dayton, Ohio. ssuring them that he was all right. PREACHER HORSEWHIPPED. Ey a Woman He Had Scored in a -Sermon. Mrs. Bonita Schwartzenberg, a landsome young woman, has been ned $1 anid cost in the miayor's ourt at Pineville. 1a.. for horse vhipping the Rev. H. C. Worten, tyoung Baptist preacher of that :own. Mr. Worten stood calmrly in the aain street of the town and received :he whipping without a murmur. Els wife stood near hini and when ~rs. Schwartzenberg had exhausted terself applying a .large buggy whip, he minister and his wife proceeded n their way. Mrs. Schwartzenberg says she hipped Mr. Worten because he had cored her in a sermon. The min ster denIes that any part of his sermon ha~n reference to the oug widow. He declined to appear gainst her in court. BRTAN-TAFt' MEETING OFF. Republicant Nominee Will Not Attend Chicago ranquet. The conttemplated mein:1 01 Judge Taft and W. J1. Bryan at banquet in Chicago October 7 has fallen through, according to a state ment by Chairman Dixon. of tht speakers' bureau. "Judge Taft on September 2:3 wil address the lndependenlt Rtailwa) Men's Taft Club ini Chicago, sai Mr. Dixon. "but his itinerary wil not allow of his speakting at Chicagt October l It is said~ that it was .Judge Taft' wish to speak at the banquet. h~u that th.e speakers' hureau wa no consulted offcially in mahing th engagmlent. Mr. Bryan. however, will atten< the banquet whichl will be given b: th' Chicagio A\ssoc~ition of (Cm merce. WILl~ Ti! HUNG. For the Murder Which Led to th~ Springlield Rioting. Joe .James, the negro slayer C Cergy A. Ualiard. of Springfielt llinois. must pa ythe penalty c death upon the.- gallows for hi crime. The fixing of punishmett death was returned at (6:1 0 o'cloc last at-ternconi. after the jury ha deliberated since 10:45 ini the mooi ig. The prisoner was in the coul room and heard the verdict of rI: jury. He could not u-ter- a sour and took tihe report of the tweb men without a :remor. Cle-r-g' Ballard, the ruine - eninmeer. w; killed on the night of' July 4t Blanche Ballard. 24 years old. we awakened late at night by the ueg: in her hed room. Her screams a rcted her: foher, who rushed -'r reistance. Ballard in his nig c~h.hn wa Unarme2d. helplest am wa ,3'ahbed mo death. The remnov of Jaaes and the negro Ric-hardst from the jail by Sheriff Werner pr .i'toeam the bloorh- rini: in wvhi !HELD FOR CONSPIRACM jALLEGED PLOT AGAINST WHITE P- DISCOVEIEI) AT GREENWOO). Ee c - re ld Blacks at Ninety-Six Said to Hay, Conspired to Kill Four Prominen White Citizens. Eleven negroes were brought t< Greenwood Saturday, September 12 nI about noon. from Ninety-Six, in th< ! custody of Sheriff McMillan and De 1puty Sheriff Charles Dukes, under z 6 warrant charging !hem with con d 1 dspiracy. The arrest of these negroe was the outcome of an investigatior son the part of the local authorities e and certain citizens in Greenwood. e Very little was known in Ninety-Six d up to Saturday morning of the pro 1 posed arrest or the cause therefor, s but several of 'the leading citizens of Ninety-Six were fully aware of the situation, and the bringing of the negroes to Greenwood was de cided upon as the best method to proceed in a lawful and orderly man ner. Saturday evening ynother negro was arrested and brought there on the same charge. The negroes Jfirst arrested are: P. B. Dean, S. T. Jackson. a preacher. Jas. Step hens, Anderson Stephens. Ed Har ris, Tom Bishop, Davego Williams, 'Wayman Jackson, John Calhoun, Zeke Chappell, another preacher, and Wade Williams. The negro brought Saturday night was :Press Goodwin. The investigation, which led up to the arrest of these iiegroes. started in Greenwood on Tuesday, Septem ber 8. On that day a certain negro in Greenwood received by mistak-e a letter addressed to another negro in Greenwood, and thA letter, upon which the whole ca-se hangs, as it were. is the most important docu ment and development in the whole affair. The great question is. is the letter genuine or a fake? This Is the letter: "Ninety-Six, September 7, 1908. "Mr. H1artie Harris, Greenwood, S. C.: We want- you not to give us away in this me an Tom Bishop and Rev. Zeke Chappell is a committee to get up men to buy Winchesters, to fix for white folks in a few days. We are going from house to house at night and shoot in, and they will think it is Tolbert. Now, we want you to see flow many at Greenwood will hel.p. All of us who come up there to Tolbert Convention is in it, but Joe. Don't know anything about this. It is us. who is S. T. Jackson there. We will be ready by Sunday night to start if our men get back. Don't jell anybody of this. and burn this letter up. Let me know who will come from there by Tuesday. Signed) Wade Williams." . As stated above, this letter by mis take was received by another party than the one to whom it was address ed. This party, a negro, states that he started to put the leter back in the postoffice, but reaiizing the seri ous natture of its contents. lie turn ed it over to Chief of Police Mc C.ombs. The chief of poje imme diately consulted with Sheriff McMu Ian n these two with se%'eral other representative citizens began the in vestigationl. The negro who had received the letter, having himself been arei dent of Ninety-Six was most closely Questioned. He let it be known that he knew something of what was or ~had been going oh aniong the color ed peopie at Ninety-Six. Expressing 'ear- for his own safe.-~ he avas reluo~ tant to divulge adythiiig. Reneateri questionihg finally brought out the :flatm'ent that two negoe societies at Ninety-Six had been indviging in in denciary talk against the whites in their secret 'orders for some time. These talks had been more frequent and more violent since the recent trouble at Ninety-Six, as the result of the local election on the matter of isuing bonds to build a school house. The negro did not connect any white person at all with these talks, but stated that the talks were original. with the negroes and coniined ex-, clusively to their own secret o~rde-rs. He stated that the negro Odd Fel os Lodge at Ninety-Six was talk ngfl an tive interest in the matter, as were the members of another se cret society among the negroes, nuown. as the "Nniights of the Guid ~ng Star of the East." He stated that 1committee from each of these' odges had been appointed to have a conference with each other as to the purchase o[ gtuns, and to do certain oter things, so he had been inform ed. After consideralie parleying he consented to go to Ninety-Six and attend the meeting of the negro Old Fellows on Thursday night, this br ing their regular meetinlg to-night. He stated before going that he did not know' whether he wouai be allow ed to get in the lodge or niot. as he w'as behind in his dues. .1Iney was - gien him to pay up his dues and he flet Greenwood for Ninety-Six. On sFriday he returned and as proof of the at 'hat b!- had been to Ninety-Six kand hadd attended the meet d ing. he brought hack with him his - membership) ead on which the PaY ient of his dues had heen receipted e and dated at Ninety-Six the night h d fore. and counte-rsignedl by the re gular offcers of rle lodge, who wot residents of Ninety-Six. Is This negro reported to tho'se wht 3 had sent him that he attended th< tmeeting of the lodge and that aftel Ithe regular business had been dir tposed ot in the :odge an executim 0 seso was called. That he askac 1 to be alowed to remain 'o tha e td eUtiveC es'ion~i. bht ther hr w grn al aowecl Int rema!inl uiil lhe had mad ma fierce denu~lnciatory speech agains. e the w hitem. A fter 'That he was allow ' led to take part in the executiv s 'connected with the proposed beginn ing of the fight were discussed ata four white citizens of Ninety-Si: were named as victims. As was sus gested in the letter to Hertie Har i ris, published above, it was state< that the white people of Ninety-Si would blame any shooting that migh take place on the Tolberts, and tha the negroes would not be suspected The four men selected were wel known citizens of Ninety-Six and il was stated that others might be chosen later, such developments de pending on the outcome of the first venture. It was also stated that the Rev. Jackson. mentioned in the let ter. had raised a fund of $70 to wards buying a dozen Winchester rifles in Savannah, Ga. The plan of getting these rifles to Ninety-Six was also discussed. Some years ago somve little excite meat was caused at Ninety-Six by the fact that some eight or ten negroes had ordered Winchester rifles. These negroes stated that' they wished them for protection against rowdy members of their own race. They readily gave them up when the white people demanded them and thus the matter ended. Having this episode : fiind the negroes stated that it would not be safe to have any guns shipped to Ninety-Six, so It was pro posed to have a young negro, named Davega Williams. one of those now in jail, and a son of Wade Williams. the secretary of the Odd Fellows' Lodgo go to Savannah to purchase the guns. Ostensibly he would gz to Claflin University, carrying a trunk. Instead of going to Claflin he would proceed to Savannah, buy the guns and return as far as Dyson's, which Is the next station below Nine ty-Six *owards Columbia. He would get off there with a trunk in which the guns would have been safely packed, and in this way the guns cou'ld be distributed without any sus picion being aroused. The floods in tereferred with his going to Savannah and back at the time first appointed. Whether or not any other guns were secured is not known. However. according to the negre informer, the first attack was to have been made on Sunday night, Septem ber 13, It being stated that the moon would be about right so far as dark ness was concerned at that time. If all of this be true it seems pro vidential that the letter adcressed tc the Harris negro did not reach him, but fell into the hands of the sherifi through - e medium of another per son, for Saturday morning Sheriff IcMillan started out with warrants for all of the ringleaders, and by noon had them' safely lodged in the ounty jail. As stated in the begin ning only a few people at Ninety-Sih knew anything about the matter and it is possible that if all of th( facts had been known the elever negroes might never have been allow d to leave the town. However, the natter was well managed, and the egroes were brought there and pu' in jail without auy bodily harm be ng done to them. Saturday afternoon one of then called to the sheriff and stated tha' they did not want a preliminary hear ng then. This procedure if adherer to will mean that the whole dozer will remain in jail there until th< next term of Court of General Ses sion. A large number of white peo pe at Niuety Six tli-nk the whol' thitig is a faite. They think the in former is up to "spite work." and is simply trying to get the white peopl' worked up against certain negrr enemies of his. There is ne excitement either here or at Ninety Six whatever, The affair has caus ed considerable talk, of course, bu' there is no excitement whatever. ONLY T~WO.PFTHS~ CROP That s tiie Estimate of Cottor tzeoy by Farmers. The gathering .of the gcecutivc committee of the State Farners' unon and county presidents con eluded its session at Columnbir Thursday afternoon. The followinf information was given out from th< meeting, which was held behind closed doors: From reports from each of the twenty-five countes represented a' the meeting the prtesent crop ws estimated at fron .58 1-2 to 59 per cent of normal, which means that the State will produce about 800,000 bales this fill Encouraginlg reports were lieai-d froml the State's dele gates to the National Convention at Fort Worth.'- Definite step~s we-re raean to compel the orga:ization of cot' Marion will be organized next i day and Clarendonl, Marl boro, Caihoun and Aiken counties will fall into line soon after. Secretary F. H. Weston. of the Cotton Association, and President T. B. Sckhouse. of the Ware House Company, addressed the mecting on the cotton movement and the im portance of storing. A resolution was unanimously adopted which re nuires all members of the union te sell not a bale until there is advance from the present prices. The min immis held secret. Steps were taken to place the F -arers' Union Sun on a fiurm fiuan cial footing with $10.000~f capital and a well eqnipped plant. the rais in of stock t'eing pr-orated among tihe several county organizations. The dleterminnation is to make ther Sun a strong agrieulturaIl paper. second to none in the country, and to this end a:-rangemenlts were masde for various decpartnments of the pia pe to be edited by emuinent agrien!1 rural sp'cilists. P'ray for Rain. A dispatch 'romn La Porte. Indl. says the drouth conditions are so se vere in K'ankakee county, where the farmers maintain daily and nightly vigil to preve~nt their homies and farms from being swept away hpa fire' that all drj srvie"- irr TNj wre h'&l \wejusdla y in a r umer o chlrr:Els. The' renditios arc s c'y ious that the railroads 'nave men de -tailed to wa-~tch tho bridg" to u' t t ihem i nO c:-1 of Bre LOCUST PLAGUE. Wide Areas in South America Made Desolate by It. NO REMEDY IS FOUND Five Governments Fighting the pest, Which Is Yearly Getting Worse. Swlarms of Loensts Sixty Miles Long and Ten Miles Wide. A cable dispatch a while ago de seribed bow in Uie pronnee 01 Catamarra, Argentina. many women bad fallen to the ground in convul sions of weeping and for a time were almost bereft of their senses, repeat ing over and over only the words: "The locusts. the locusfs?" It was .he third successive session in which they had seen the skies darkened with clouds of locusts that. settled down upon their fields and plains. destroying the crops and evf-ry ves tige of the vegetation on which theii cattle and sheep subsist. No other part of the world has ir recent years suffered from such a plague of locusts as the agricultura. State of sub-tropical and teniperat South America-Argentina. Bolivia Southern Brazil, Paraguay ant Uruguay share the affliction. In these regions the swarms hav( been steadily increasing for a num ber of years. They are supposed t( originate in the southerly part ol the Amazon basin and in the Chaco of Bolivia. and of Northern Argen ina. They come from the niorth ir 2louds that sometimes darken tht 3un and some of the swarms have been estimated to be sixty milei long and from twelve to fifteen mile: wide. But these billions of flyint nsects are only the forerurnners 01 :he greater mischief to come. They make desolate the area ir. which they settle, but often *jumi wide areas in their flight. Befort they take to the wing they lay bill ions of eggs in the warm earth which in a few weeks become hoppers t is this young, voracious brood, be. ore it can fly. that utterly strip. he land of everyhing green a, hough it had been burned over. All the Governments are fighting .he evil. Two years ago the Argen. ine Government organized a burear mnder the name of defensa genera tgricola para for the destruction O he locust. Last year the Argentint longress placed $4,500,000 at thi 11sposal of this commission. Sub-committees represent the gen ral commission in every departnien posed to these invasions and the) xteud from the northern init c griculture in the republic to th' ~eukuen River, almost to Patagonia avevything possible is done to min mize the damage. A fine of 100 pesos is imposed up n any settler failing to report t' he sub-committee in his distric he presence of locust swarms or hop ~er eggs on his land. An organizet ervice embracing 4thousands of me: :in readiness at any moment tr end a force to any place where anger is reported. The most ef ective war is wagedi' aga'.inst th: oung hoppers. The official report is that as many s 52,000 hopper eggs have beer ounted in a space less thaln thre nd a half feet square. A prodigioti' umber of the young insects ar, estroyed soon after -hatching b eans of sprinkling carts filled witl iquids. Still many of themo escap nd the country they cover is to ast to be entirely treated with th sprinkling process. Fortunately rh oung hoppers have a habit that fn ilitates the destruction of mi!lion >f them. By the time they are two weei >ld they have developed an e'ln'omou tppetite. But they do not set on to eat up the world in thin array o 'tathered detachments. They collect here and there i: eompact masses t'o move forward o: the food, and when an army-. of' hot pr's advances from OU(e sace t another there is nothing left t rt OU tihe gr'ound they have deser't ed. They cannot fly. they move for ward oinly from 400 to tiu0 feet: day. Now is the time to trap them In front of them a' trench is d u: about six feet deep andi wid"- an. 100 to 2')) feet long. F'romt eat'l end of the trench peaces of shee tin about seventy-five feet long an' a foot and a half high are stuel into the ground. forming two line of fence spreading fanlike from the ends of the trench. These fene~ are etended till their outer ends ar hundreds of feet apart. w-ide enoudg to enclose the flanks of the invad ing armlfy. Then all is readly for' ihr drive. It is hot work. beginninig a 51:n Irise, and all the settler's andi th. Government men senlt to their alt take part in it with weapons tha sre eff.ectiv'O- thiough they are onh' piee of cloth, with which they Cla: the ground and urge the hopper' forward. \-ery oftenl dari--ess fall and the rear' guard of t~he hoppr. has not yet reached the brink ovr which they tumble to their fate. 't'n ~hopers W' 1 t 11051'. IlI sttrs and then the flapping of the cloth b resumred till ths part it'r In rnty 1. enguled. 'The crp and zra .ns ahead are safe tot' a while. B3ut such 1 work as this st readt ivE~: evera cou ties(' is enormousfly~ ('N pensive and is only a pailiative of. the terrtible evil, not a renmdey fo: itc emedy' ha~s not y-et heer fouind. Can the plagule ot' locusti re uenched if attacked 'at its head sor~e7 Is ther"' an ta raite 01 van hea introducerl to qulenchu the. ,lague or mitigate it? Such rgues *tions as th1ese are no0W being anxiousr 1. dI. -.4' in south Am1ori"n. AGAINST THE STATE JUDGE PRlTCHARD'S DECISI( UPHELD ON APPEAL. - The Court Says the Dispensary Coi inissioners Held Dispensary Fun as Trustees for Creditors. '1he United States Circuit Cou of Atpeals ir a decision hando down at Richmond. Va.. on Wedne day sustained the opinion of Jud J. C. Prichard, in the famous v4 of Fleischmann & Co., and othe against the South Carolina dispe: sary commission. The opinion w, writtcn by Judge James E. Boyd. < Greasboro, N. C., and was concu red in by his associates, Judge E< mund Waddill and Chief Justice Fu er. The opinion consumes more the forty pages of closely typewritte matter, a - great part of which is d4 voted to a statement of the facts. In the opinion, Judge Boyd states 'There are two main proposition! the jurisdictional, which presents tb question whether this a suit againm the State of South Carolina, and ther( fore forbidden by the elevent amendment, and, second, whethe he dispensary commission is a cour incapable of having its proceeding stayed by a writ of injunction, grant d by a Federal court. Does thi ase come within the limits present ed? In this connection it is neces ary to inquire if the State has an: present interest in the fund in contro ersy. which can be divested, by : judicial determination of the amount if any, justly due the complainant, o has the State, by an act of legisla ure, relinquished all right, if an: existed, to ~enough of the fund t( pay all just debts of the State dis pensary. The fund being in thi hands of the commission, charge with the duty of abolishing the -dis pensary, the State has no interest. ir so much thereof as is necessary tc pay tle just debts." "In what capacity," asks th( ourt, are the members of the com mission acting? Are they officers of the State of South Carolina or offi -rs appointed under the act of the Legislature empowered to take pos. ;ession of a certain fuNd and direct. id to administer such fuLfd in a cer tain manner? "We are constrained to hold thai ;he funds in their hands are held in -rust for payment of .the debts men ioned, that the creditors of the dis ensary have a property in the fund n the. hands of the commission tc lhe extent that the debts are shown >o be just. and that a judicial deter ination of the true amount of sucb ebts can in no way effect the rights ind interest of the State. "Iaving therefore dete'rmined thle elation of the appellants to the iunds in controversy, we answer the testion propounded in the outset. hat this is not a suit against the ~ta't. and that the complaint is not r~idden to maintain his action by e eleventh amendment of the con titution of the United States'. This uit is not against the State, nor it he State an indispensible party. "Treating the fund in the hands ol e appellants as a trust fund, and he duties of the trustees being clear' dfned, the trustees are not ever necessary party to a sd:. ,jrought > compel the trustees to discharge *heir duties. Their position appears y be that the agents and represen tatives of the debtor should consti ite a tribuinal absolute in its charac er to arbitrarily pass5 up~on what.,i tnyt hing, is due an alleged creditor d. if a claim be adjudged invalid -vithout further opportunity for re' liess on the part of the creditor. To uphold such a contention would e to deprive such a creditor of hi! property without due process 01 The court further announes tha, n the conception and adoptioni of th< eleventh amendment, it never en ered the minds of the frm'cer's o 'hat amendment that a sov'ereig: ;tate could engage in the liQuo usiess, and become a tradar b: buying and selling an article of comn on trailic, in comipetitioni with th itizes' of the country. It may b. 1utioed therefore, whether th State of South Carolina w~as exgerei g a governmnental prerogative i )erforming a functionl necessarily *o o'eriy lincident to its aut~foomy, a State... In r'eferenee to the pr'ovisicuts a the eleventh amenment. Judg oyd uses the following: "Undoubi dly. the~ elev'enth amendment wit intended to prevent the Feder' ourt, in suits prosecuted by the ce ens of another State or citizens 0 mubjects of a fofeign Stat.'. f rot interfering with a State in the pr'esei ation of its autonomy, in minnitluf its own sy'stem of self-governmen~l So long as such system is in ha o with the constitultionl of ti Lnited States. To this end, the fore. the funds of the Ststt. inj ~rauy or held by its ofticers gets for use in the admistrariC I he governmlflenltal affairs of ti State are not to be affected by tI procss of the Federal court. nor ce sic court entertain .iurisdicril ana'; jon which us f'or its iupo the :;vasionl of tl'e r'izhts ' State to manage and control its tern;'1 affairs. or of an action whi will ohstruct the State authority I impair the State instrumnentabitis the dischare of legitimate en tons in the muainlanaliwt of ;tate's integrity. As to whether the c-omuson ourt is brictly consideredl. ]to oyd. Citing the Constit.tiCU at Carolina providing for theC ablishment of the different ct-u the eurt holding that while ihe cor m issionrs were empowerd' to i vestigate the transactions. ;* 'v " not emnoweredl to determ;s : irue of fact. enter any judgmec-n onclude any party that might ,-nstla as to any right orine - IJULX L' IJJI Georgetown Boarding House Keel Put Bullet Through His Brain. A dispatch from Georgetown. s Samuel M. Thompkins, 45 years age, committed suicide Thursd morning at 6:30 o'cloek by blowi out his brains with a-.32 calibre i n volver. Mr. Thompkins kept boarding house on the corner Prince and King -streets; he had wife and two children, a&daughter 14 and a son 12 years of age. rt Thompkins came to Georgetov - about one year ago from Enterpri a small village on the Waccamn River, and previous to his residen there he had worked very acceptab in the store of Messrs. Burroug! s & Collins, at Conway, and had maa friends at that place, and in Hor: S County. He was reared from a bN d in Conway by Mr. W. R. Lewis, wl married an elder sister, and wl gave him the benefit of a good cor I- mon school education. But untow - circumstances followed the your u man into later life, his health gal n way and he has suffered recent - from despondency. For the Dast s months he has been out of steady < remunerative employment, and th. , fact seemed to prey upon his mind. e After waiting upon his guests t the table Thursday morning he stel ped in an adjoining room, when tz 3 inmates of the house were startled b r a pistol shot. Rushing to the apar t ment from whence the sound pr< s ceeded Thompkins was found lyin - upon the floor with a bullet hole i 5 his head just above the right eai - Physicians were immediately sun - moned, but the unfor'unate . ma breathed his last before their arriv al. KILLED FOR NOTHING. Man Killed Over Last Drink of Wate in Camp. A dispatch from Bellefontaine, 0. says fighting over the last drink o water left in camp, the drought hav ing dried up all thewells and spring, in the vicinity, Frank Dadish wa! shot. and killed by two men at tho Ohio Electric Railway constructioz camp Wednesday. Dadish wanted th1 water for his wife. in the last tw< weeks it has become a serious propo sition to supply the camp with water. it being necessary to tramp threi miles to'obtain a supply. Wednesda3 morning only enought water for g drink was left. Rulu and Darrice arrived, just as Dadish was pouring the last bit of water -to carry to hi. wife. The men demanded that h( divide and when he refused, a fighi ensued. During the scuffle the watei was spilled on the ground. CRUSHED TO DEATH. Mob Pushes Young -Man in Front o1 Moving Train. The wild rush of several hundred men and women, most of them re turning from a Sunday base bal: game, to boabrd A train at Fair Hay en, Pa., at 9.30 o'clock Wednesda: night, caused the death of Wallac4 Wilson, aged 27. who was pushed ir front of the train as it pulled int< the station, by the crowding mass oj people, endeavoring to -board thi train. The heroism of Miss McCleary. al most saved Wilson's life, the gir clinging .to him to the very last min ute in an effort to save him fron falling in front of -the train. Stanley Dingo and Frank, Goarib were also badly e'rushed by .being pusied between two cars of the trait by the excited crowd. SPLIT IN HEARST PARTY. Independenlce Candidate for Gover nor of Georgia Is for Bryan. An Atlanta dispatch says a seriou: split developed in the Independenco party of Georgia today, when Chair man Sutler, of the State executiv committee. annaunced that no elec 'oral ticket would be put in the field At the same time National Chair man Clapp, of the party. filed wit1 the Secretary of State a complete.li of State electors. Following a meeting of the Stat executive committee an official state -nment was given out by Chairma: Berard Sutler, declaring that it wa more imoprtanlt to wage a State can: paign for Governor than to put a electoral ticket in the field. Con: menting on Tuesday's action, h -said: "The action of our executiv committee means that our candidal Mr. Carter, will support Bryan an Kern in the national election. means further that Mr. Carter: an independent Democratic candidat for Governor." involved. Judge Boyd then refersi the opinion of the Supreme Court< south Carolina deciding that a su r against the dispensary commissi n was a suit against the State. "TI SSouth Carolina Supreme Court a says the judge. "'is entitled to at n has our most profound respect, b .we do not feel entitled to adopt t1 construction given by that tribun to the statute of South Carolina. "It is our~ conclusion, therefor h that the conclusion of the circ~ >r court for the district of South Car lina, appealed from, should be affir When Jurige Boyd finished rea ing the opinion of the court. W. SStevenlson, of Bennettsv~ille. ask 'that a reasonla')e stay be granted I peparationl for an appeal in the ca: He first asked for a stay of si~ days, but Judge Boyd suggested t~ t orty days would he ample time n- whch to get ready for a writ of cC rlorari to the Sup.reme Court oft rUnied Stts. and an order ~ or tered directing that a stay of mn bedae for that length of time be tered. IMMENSt UUWU ts Hears Bryan in New York Cit of ay Friday Night . e a * GREAT ENTHUSIASM. of ,,n e Shown on Al Sides as the Demo ce cratic Candidate Opened the Cam. paign in Greater Neiw York at ly Carnegie Hall. 'y' )y, Democratic presidential campaign to in greater New York had its advent 1O Friday night when William J. Bryau at a mass meeting under the auspi ces of Tammany Hall spoke before re enthusiastic thousands who ailled y Canegie Hall and overflowed into the streets. The ovation ac corded to the'presidenta candidate was a brilliant climax to. a day in tt which a united party- paid Mr. Bryan >- a conspicuous reception. . Mr. Bryan spoke.for over an hour y o on "Republican Tendencies" at Car negie Hall, and for over 10 minutes g his audience a'pplauded his appear-, arce on the platform. Before the meeting the candidate D spoke from a cart tail to an over flowing gathering of New York's thousands who stormed the line of police to gain admission to the hall. On his arrival in Now York Friday. r Mr. Bryan spoke at a noonday meet ing and during the afternoon held constant levees at his hotel where Democratic' leaders in the city and r Stat'e .called upon him. Previous to the Carnegie Hall meeting Mr. Bryan was -entertained at dinner at the home of Milbert E. Cary. On approaching Carnegie Hall a little later Mr. Bryan was given an ovation by a crowd of 10,000 or more persons who could not get in the hall. The candidate was taken to a flag draped cart and from it he 'made a brief speech. He was cheered re peatedly, especially when a man in the crowd tried to argue with him and Bryan made a squelching reply.. "I- can speak to you only briefly, as I have a long speech -to make inside," said Mr. Bryan. "Let me call your attention to the marked difference between the Republican platform and ours. The Republican platform is different especially in not outlining necessary legislation. Our platform tells the public what we think of what ought to be done. We take the people, into our confidence and thus we show not only our faith in the merits of our policies but also in the intelligence of tha. voters. "No there are four propositions as to labor fos whi'ch we stand. _ First, we believe that there should be a department of labor with a cab of the trust lagw.. "Second, we believe that labor should be taken out of the operalon of he rus law. "Third, we believe that an induis trial dispute should not be suffcient cause for the Issuance of an infanc tion. "Fourth, we believe in trials by jury in case of indirect contempt." A man who claimed to be a union. iron worker here attracted the atten tion of Mr. Bryan and' asked him if it were true that he had used the expression that workmen were a lot >f beggars when he was in congress: "I speak as a representative of or Janized labor." the man added. "No, you do not," shouted Mr. Bryan. "My record is will enough known, so that no representative of. organized labor would have to ask me such a question." "Did or did you not use that ex pression?" insisted the man. Bryan answered: "I shall not un dertake now or at any other time to -answer any and every statement that may be made by those who are try ing to help the Republican party until they get an endorsement from the Republican party or its repre sentatives." Mrr. Bryan then left the cart and r., went into Carnegie Hall. When Secretary Smith of Tamn many Hall called the mass meeting ~to order every seat vwas taken and every inch of space was filled. It was an enthusiastic .audience and. when Chairman Herman Ridder was C introduced the crowd applaudod for 'several minutes. Mr. Ridder dwelt on tariff reform. While Congressman Sulzer war speaking Mv. Bryan and his party Sstepped f'rom an entrance upon the stage. It was the Bryan demonstra xtion of eight and twelve years ago ~that followed. Men leaped to their ichairs and yelled and shouted while n the band played lively tunes. Chair iman Ridder's voice was lost as he briefly introduced the Democratic d candidate. When quiet was restored, after a ~10-minute outburst s. enthusiasm. SMr. Bryan began his speech. * e* CARD GAME CAUSES KILLING. - -One Negro Shoots Another in Woods Near' Glenn Springs. d- As the result of a quarrel over :a game of cards Well Wofford is dead or at his home near Glenn Springs, ha" ing been shot by Jim West. Both ti parties are colored. Last Sunday ,afternoon several negroes were en rgaged in playing a game of cards in e the woods. among thenm being Wof *,ford and West: They fought as tq who was winner, and West drew a pistol and fired on' Wofford, shoot jin hi thogh the stomach.