University of South Carolina Libraries
VOL. XXXVII MANNING, S. C., WEDNESDAY, FEBRUARY 28, 1917 NO. COURTS WILL HAVE TO DECIDE CAME WARDEN FIGHi -Wade Hampton Gibbes, of Columbia, Receiver Appointment from Governor. RICHARDSON WON'T VACATE Governor's Construction of Law Gov erning Action- Statement by Incumbent. Columbia, Feb. 26.-Whether Al fred Aldrich Richardson, or Wade Hampton Gibbes is chief game war den of South Carolina will be decided by the courts. Mr. Gibbes was this morning appointed game warden by Governor Manning, and with his com mission duly signed called on Col. Richardson to turn the office over to him, but this the latter declined to do, and mandamus proceedings to oust Mr. Richardson will be the next move, which will throw the whole matter for decision into the courts. Governor Manning construes the act relating to the chief game warden as giving him the right to appoint because it says, in section 747 of the Criminal Code: How the Law Reads. "The Audubon Society of South Carolina shall send in the name of suitable person to the Governor. On approving this nomination the Gov ernor shall transmit the name, with his recommendation, to the State Senate. Should the Senate approve, the chief game warden shall assume the duties of his office by taking oath to administer the laws before any notary, magistrate or judge or clerk of court, and shall furnish bond in the sum of $2,000, to be approved by the Secretary of State. Should the Governor or Senate not approve any nomination sent them, the name shall be returned to the said Audubon So ciety of South Carolina, until a per son suitable to both the Governor the Senate shall have been named." Adams Stuck to Richardson. The Audubon Society, of which Dr. E. C. L. Adams, of Columbia, is president, recommended Col. RichardJ son for reappointment. The Gover nor returned the recommendation as not satisfactory to him and asked for another name. The society stood by Col. Richardson and the Governor went ahead this morning and appoint. ed Mr. Gibbes without any recommen ration. Mr. Gibbes was formerly auditor of Richland County, was for four years Mayor of Columbia, and has recently been in the employ of the federal government as Indian agent. The Senate adjourned at its recent session without having passed on the veto of Governor Manning on the bill placing the election of game warden in the hands of the people and retain ing Col. Richardson in oflice until that time. Mr. Gibbes was president of the udubon Society, which recommended Ir. Richardson to Governor . Blease ~or appointment as chief game war d4en four years ago after Mr. Bleast Henry Rice, Jr. hGdovecrnr tonningint appinin Mr. Gibbes as chief game W/arden sent the following notice of it to the 4ecretary of State, wvhich constitutes the official appointment: "To H-on. W. HI. Dove, Secretary ol State: ~"Whereas, under section 747 of the Criminal Code of South Carolina, Vol ume 11, Code of Laws of South Caro lina, 1912, the privilege is given te he Audubon Society of South Caro irn' to send in to the Governor the nnme of a suitable person for ap pbintment as chief game warden; and "Whereas, on the 18th (lay of De ~ber, 1916, the saidl society sent med name of Alfred A. Richardson for ppointmient; and Whereas, the said nomination was satisfactory to me and was on the day of February, 1917, returnedl eto the saidI society with the at that the Said Audubon So should forward me further nom ~ns; andl 'hereas, the said Audubon Socie sfailed to make a further nomi i, and again nominated Alfred ichnrdson for reappointment; per.eas, the nomination of Alfred dAChardson for the position ol game warden is still unsatis to me and I cannot approve e. and ereas, by the law of So6th Car. the term of offien of the ehiel FIGHTING "BONE DRY" AMEND. MENT. Enemies of Prohibition Working b3 Indirection to Defeat Reed Amend. ment. Washington, Feb. 27.-The failur< of the house and senate conference t< break the deadlock over the posta bill amendment to renew the pneu matic mail tube contracts for anothe year has caused the opponents of th Reed "bone dry" amendment to be lieve the postal bill may not be pass ed at this session. -0 GEORGIA ARTILLERY TO ENTRAIN MARCH San Antonio, Feb. 27.-The Firs Battalion, Georgia Field Artillery has been ordered to entrain at E Paso, March 5. The dates for th< return home of the other Georgit troops have not been announced. game warden has expired and the of fice is, therefore, vacant, and it i important and necessary that the sai office be filled at once in order tha the interests of the State be pro tected. "Now, therefore, I. Richard I. Man ning, for the reasons above state and by virtue of the power and au thority vested in me as Governor o; the State of South Carolina, do here by appoint Wade Hampton Gibbes of Columbia, South Carolina, chie: game warden for the State of Sout Carolina, for the term provided b: law. "Given under my hand and the sea of this State, at Columbia, this 26tl (lay of February in the year of ou: Lord, 1917, and in the one hundre< and forty-first year of the Independ ence of the United States of America "Richard I. Manning, Governor." Col. Richardson in a statemen said: "Mr. Gibbes came to my office thi morning and demanded that the offic< be turned over to hira. He shower me a commission that the Governo had given him, dated today, ani con tended that my commission expires yesterday. My commission is for fou years, from March 7, 1913, and in m: judgment will not expire until Marcl 7, 1917. I have only been drawinj my salary from March 7, 1913. told Mr. Gibbes that I refused hin the office upon the ground that I di< not consider his commission legal, fo the reason that he did not have th, recommendation of the Audubon So ciety, as required by law. neither di1 he have the confirmation of the sen ate. I further called to his attentioi the fact that both branches of the General Assembly had passed act: putting this office in the hands of the people, and providing that the in cumbent retain the position until th< next general election, that this ac had been returned to the Senate wit) the Governor's veto, which the Senate had as yet failed to act upon, carry ing the matter over until the first da: of the next session. The General As sembly, I told Mr. Gibbes, left Co lumbia under the impression that m action 01uld b)e taken until the charge; of the Governor against this depart ment had been investigated. I fur ther~ called to his atenition that, inars mutch as the above-ment ionedl ae which was vetoed by the Governor prov'ided that the incumbent hold of flee for two years, thiat then, upo01 their return next year, the Gene(ra1 Assembly, if it failed toJ susuain the Governor's veto,, the law would hav< stoodi as at present, with the encutm bent holding the office. I told Mr Gibbes that there was not any per sonal feeling iln this' matter whatso ever, and he agreed with me on thi: point--that we 01uld remain pe'rsoIna friends, lHe left my office with th< undlerstandling that wrhen the m~atte. was decided by the courts, if the de' eisUi shouldl be in his favor the emrol uments of the position from now mi w~ould go to him, andI if the' decisimi should be in my favor that the emol uments of the office shoultd go to thi present game warden and his assist ants. "I am in this fight to the finish. 10 taking this attitude, I am making personal sacrifice, because I am offer ('d a position, wvhich is no open to me that would pay mc $500 per yeal more than the position which I niov holdl. It is possible that I would n,. have taken this decided stand hadi not been for the bitter message o: the Governor against me andl this de partment, but on account of this mes sage I expect to hold this ofmle,i possible, regardlless of whether or noi I receive one cent of money for the work I do for the State from now on. GREAT LINER. L SUb Queenstown, Feb. 26.-The Cunard line steamship Laconia, of 18,099 tons gross, which sailed from New York February 18 for Liverpool, has been sunk. Without Warning. London, Feb. 26.-It is stated au thentically that the Laconia was tor pedoed without warning. Wesley Frost, American consul at Queenstown, telegraphed the Ameri can embassy here today: "Cunarder Laconia torpedoed 10:50 Sunday night. Two hundred and sev enty-eight survivors landed. Details lacking but known some missing, one dead." Americans Aboard. Washington, Feb. 26.-The sinking of the big Cunarder Laconia, appar ently without warning, and with I twenty-six Americans on board, loom ed up tonight as the most serious disregard of American rights since the ruthless German submarine cam paign began. Government officials I made no attempt to conceal their con cern. Consul Frost at Queenstown, re ported to the State Department the sinking of the vessel and the loss of one life, bht sp to a late hour tonight had not been able to say whether it was an American who met death. He expested to get full information from the 267 survivors dcue at Queenstown at 11:30 o'clock tonight. Officials pointed out that while final reports may show that no American lives were lost, the fact will remain that the twenty-seven Americans were illegally assaulted on a peaceful mission and escaped death only by good fortune. The United States is concerned in the sinking of the Laconia also be r cause a large amount of official diplo matic mail had been entrusted to her .after the American liner St. Louis r had cancelled its sailing. In the absence of oflicial informa tion expected hourly from Consul Frost no official would venture an Opinion on the outcome of the sink ing beyond saying that it would gravely complicate the already crit r ical situation with Germany. Whether it may prove to be the "overt act" will depend entirely on the actual facts expected tomorrow. SINKING OF CUNARD LINER LACONI VIOLATION OF AMERICAN F[LS THAT ANSWE Washington, Feb. 27.The sinking of the (Cunard Laconia by a German submarine was stated officially today - to constitute a clear cut violation of American rights. i('onclusive otlicial information at the' State D~epartment shows that two .. A meric-an women lost their lives, that - of four other A mericanIs among the - sse'i'gers ando the fourteen among t the crew wereIt savedi, it was only by , good~ fort une; and that t he vessel was sunk without warning in direct de fiantce of all the pr iciple's for which I the Un itedl States' has stood. Consul Frost's repoirts from the survivors show that the v.essel was - struck by a first torpedo without .warning at It0:30 Sunday night 150 - miles off 1"astnet. The engine was - stoopped as the ship listed to star h oard, wi reless calls were flashed I broadcast and six rockets were sent -up. Thirteen boats with passengers andl cre'w got. away in a heavy sea. - A bout twenty minutes aifter the - first torpedo, the reports add, and( Swhile some of the boats wvere still 1 ne-arby, a second torpedoo was dlrive'n - into the vessel, which sank three q arters oif an hour after the oiriginal - at tac-k. The small boats with sur v ivo'rs pitched ablout (during the long hours of the night until rescue ships came up. D~uring this time thle two BERlIN LEARNS NEWS. Berlin, (Via Sayville, Wireless,) Feb. 27.-News of the sinking of the British liner Laconia, greatly dlelayed, reached the Berlin plublic this after noon, when interest was concentrated upon the chancellor's speech in the Reichstag. Advices receivedl here gave assurance that no American liven were lost ,ACONIA 1K BY GERMANS Bound for Liverpool. New York, Feb. 26.-The British passenger liner Laconia, one of the largest vessels of the Cunard fleet whose sinking by a submarine was reported today, sailed from here Feb ruary 18 for Liverpool. On board were thirty-three first and forty-two second cabin passeng ers, among them seven Americans. Twenty Americans were in the crew of 216. Eight of her passengers had been transshipped from the 11olland America liner Ryndam. There were no steerage passengers. Officials received confirmation of the vessel's destruction from the Brit ish admiralty with the information that one life had been lost. It was not stated whether it was a passenger or one of the crew. The Laconia carried a large corga, including war supplies and 5,000 sacks of United States mail, of which 1,300 were to have gone on the Ameri can liner St. Louis. A merican Passengers. The names of the American pas sengers and their addresses as given by the line here follow: Floyd P. Gibbons, of the Chicago Tribune. Mrs. F. E. Harris, wife of Lieut. Col. Frank E. Harris, U. S. Coast Artillery, stationed at Fort Dupont, near Philadelphia. Arthur T. Kirby, Bainbridge, N. Y. Mrs. Mary E. Hoy, Chicago. Miss Elizabeth Hoy, Chicago. The Rev. James Wareing, said to be from Norfolk, Va. The Americans among the crew gave New York and Brooklyn as their places of residence and ere stokers, coal trimmers, wipers and seamen. It was learned at the oflice of the company that the following were among the principal commodities in the Laconia's cargo. Bar silver, wheat, 2,843 bales of ctton, fresh fruit, shell casings and other war supplies and provisions. Line officials stated positively that there ere no explosives on board. The Laconia carried 5,000 bags of United States and Canadian mail. Sailing on the same (late, the Hol land America liner Rynda m returned to port after being turned back from her voyage to Rotterdam by the sub marine menace. She also had on board nine of the Ryndam's passeng e rs. A IS A CLAR RIGHTS AND PRESIDENT R SHOULD COME FROM CONGRESS A merican women, Mrs. lary E. IIloy and Aliss Elizabeth IIoy, of Chicago, died of exposure and were buried at sea. There were several other deaths, not of A mericans. It was stated officially that nto other facts are needed by tis goveritnmet. OJflhiials are enti rely cleatr it thleirt belief that Germany has conmmtit ted the act which P'resident W ilsont has satid it wasit imptjossible for Itim to be Ilieve she would commniit. Both Whtit e IHouse an id State I)e.. hart ment ofhicia ls sem to fe'el that the a nswer imutst come fromit C ongiress. The IPresident, they pointt ti, asked for atuthority to take stelps to pr'eveit just su'h an act at the very momnt when the first itews was coining over the calets. Naval otlic is are putzzledI by the fact that the L aconija was t orpetdoed at night. It has been an atccepted coniditiont of submairine warfare h1ere ttfore thatt the U -boats were ham inp eredl by tdarkniess and1( that ships in openi waters were int little dlanger at night. It is submtartinei practice to re charge electrtic storage bat teies at night antd it is regarded ais probable that the lioit which torpedoed the L acon ia wits on the surface engaged in thitis (operat ion when the litter camite along. NOT ON LACONIA. San Fracisco, Feb. 2'7.--W. HI. Thatcher, interpreter at the Angel Is land immigration station, was not a passenger of the torpedoed liner La conia, although his name was on the passenger list. Thatcher is safe in San Francisco and unable to explain why his name was on the passenger list GUNS TO AIRM SHIPS; GUNNERS LACKING Sufficient Weapons Stored at Navy Yard if Need Arises for Their Use. EXPERT GUNNERS NEEDED Naval Experts Oppose Idea of Nava Convoys as it Would Impair Fleet. Washington, Feb. 25.-Guns am mounts sufficient to arm any reason able number of American merchani ships are stored at navy yards, it was stated officially at. the Navy Depart. ment today after President Wilson's appearance before Congress to asl< authority to provide weapons and men should the need arise. Ellicient guners are lacking, however, unless they are taken from active ships hich can ill spare them. Naval officers pointed out that me of special skill, trained to the min. ute, would be required as gun pointer: for anti-submarine work, since a U boat is difficult to hnt. Often a peri. scope hardly visible at more than a few thousand yards is the gunners only target. Recent figures show that 250 ships under American registry are engaged in transatlantic trade, but it is esti mated that not more than 100 wouk apply for guns and take the risk of crossing the German submarine zones There willbe no difliculty in arming. that number of vessels, but supplying trained gun pointers for 1 ('0 gum would take just that many valuablb men away from fighting ships. No Expert Pointers. There are about 1,000 men in th< fleet reserve, but it is said that in sufficiently expert gun pointers fo: merchant craft could be obtained fron that source, although some ammuni tion handlers and other members o gun crews might be obtained. Nav: officials construe the President's lan guage as asking for authority wid enough to include naval convoys, bu naval experts oppose such a step be cause it could not insure ships agains submarine attack and because the ef ficiency of the fleet as alighting ma chine would be seriously impaired i its units were thus scattered. The available guns range up t six-inch calibre. Most of them ar old models, but have ample rang and power for the work desired. I is important that the underwate craft be assailed before she gets int( torpedo range. The majority of case reported show this to be 500 yard or less and t1' skill of the gunner should be sufficient to make it dan gerous for a U-boat to show hersel at 5,000 yards. Navy officials were not inclined t discuss the change in the status o a merchant ship which might resul from placing a navy crew aboard. The naval militia, more than 9,01 strong, could not be drawn upon fo gunner's, because of its militia statu: The terms under which the men couli be called out for active service ar limited by the Constitution to sup iression of insurrection, repelling in vasion.' and enforcing the laws. A,,IBEV lIR l. Y N( iNt,('A ASE erlsessionis convened here this mort] Ilomner S. lackwell, oft l.aurens,~ mak ing his first otlicial aplpea rnce }ern looking aftter the State's initerett. The miost imptlortanit cascs that ma; be tried at. this term are those g row ig out (of the Ilynch ing on (embc L "l, -I last, of Anthony Cirafordl, a well-t( do negro, who was taken fro m t h jiailI here, hu ng to a tree and~ his bod, riddlled with bullets. The Iynchinit occurr'ed after ( rawfordl hal a ilm culty with ai white man here. A. bill of indictmnent was give*n ou this morning lby Solicitor llackwel againist the fol lowing. who are ebarg ed( withIi murder, for aullegedl pa rt icipia tion in the lynching: ,1. V. Elgiri Sanm Adams, .less ('ann, Will (atnn Sam ('ann, Eugene Nance, lB. (;rant R. U. F-erguson and Sam Ea kin. report frnom the grntd jur y is ex peetedl t omorrow, and inI the eveni that a true bill is returned, a dla: will probialy lbe set for the trial. Al he dlefenidants are whiite. SU'GAt l1-O'll iE A 1,1,1 ES D)ES''ItOY El) BY 1.lIll Ne w York, lleb. 26.--Sugar v~aluer at $100,000 was destroyed by firt early today on board the Britisk steamship Bay Sura, which was be. ing loaded with cargo for the Allies at a rmooklyn ,ier. NO BIlLS RETURNED IN SESSIONS COURT AT CHARLESTON Twenty-One Are Presented by the Grand Jury--"Remarkable," Judge Says. CIIRISTOPOULOA TO APPEAR Rule to Show Cause is Issued Against Him Regarding Suspended Sentence. Twenty-one no blils were returned by the grand jury in the Court of General Sessions here yesterday, the defendants in each case being charged with violating the prohibition law. When the presentation was made there was evident surprise in the court room. "That's remarkable," .Judge 1. W. Bowman, ho was presiding, remarked. )uring the present term of court a large number of true bills against persons charged with having violated the prohibition law has been returned by the grand jury. The larger part of the session yesterday was occupied in disposing of appeals. A rule to show cause why the sus pended sentence against him as im posed by Judge Mendel L. Smith, was issued against Constan i. Christo poulo yesterday. Christopoulo has been ordered to appear in court to morrow morning at 10 o'clock. Should he fail to satisfy Judge Bowman that he has not violated the terms of his 1suspended sentence he will have to serve a term of imprisonment, ac cording to the wording of the sus pended sentence. No Jury trial is necessary. Four other persons have also been ordered to show cause why - similar action should not be taken in their cases in court tomorrow morn t ing at 10 o'clock. They are S. P. - Schiadaressi, Carl Dannhauer, U. I. t Rabens and E. H. Rickels. The grand jury presented a true bill against John Martins, charged with assault and battery with intent to kill and carrying concealed wea polns. The No Bills Returned. The following no bills were return. ed: A. P. -Jones, charged with yelling intoxicating liquors; Edward Zissett, charged with violating the prohibi tion law; William Farrow, charged with selling intoxicating liquors; Thomas laflin, charged with selling f intoxicating liquors; 11. (. Rikhot. charged with selling intoxicating li quors; William Farrow, charged with f selling intoxicating liquors; 'lonnla t larks, charged with selling intoxicat ing liquors; Thomas .iarks, cdharged with selling intoxihating liquor:; Thl, r nuas ILaflin, charged with selline in Stoxicatinog liquors; \ inla li e r, I charged with violating the orb: in L. ll\w; l~dwarl Zissett. :i irgeil wn Ii - elling intoxicating liquor;; Iichard - I.Martns, charged with sellin . ? i. will Peiung intxicu ig qor: l'I char;edl wvith selingc in \t:me: - - Ine intoxicatinjg liquors - f Fox, nar l with selin' Iit\xwa. r - jsnag itoxic at ing' lmirr - a %i- -it. thaurued with silk charmu w ~ithu tranispo~rt ini . Thoma-.\lalrks, chalrged Al wih . intoxI iatin l iquors; \ imtla i th: ith~ sm'll" ai-m-t I' - Gerge llotitos. ith-a&,1 ihy . the~ first (ounit ofl an hoitttownt thamr ig him with vioilatinc thme ptrh -l ion law. lIe wais sin: ner to t ser-, Itwoi lionthsi impiJ-mnmm (or I ~m ai une of $50I andmm wa -y ivn a sut Se'rious!- Smal lt-hluip on Pe'nnseli n ia Itailroad. Ph'liladel ph ia, Febu. 27-T wo S.t ig cars of the .\ercanile I E xineiss Ifrom P'itt sbuurg for Philadelphia on the Pecnnsyl vania rail road were t eli scopledl by a freight tramin near A l (oona ealy today andt ofliciatls tf thIe road here expressed feamr that a num bier of' paissengers hadl been k illed. The two sleepers ere so t ightly i jam med( together that little headway had been made in extricating the occu. piants half an hour after the accident. Relief trains carrying physicians andl nurses left Altoona at .1 a. m.