Historical Newspapers of South Carolina

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The Florence Daily Times. vol. xv. THE NEW LIQUOR LEGISLATION PROVISIONS INTENDED TO BE RE STRICTIVE ARE TOO DRASTIC. ITOULD MAKE CRIMINALS OE US ALL A Study of the Law That Will be Of- ...fered People of Now Dispensary Counties in August Elections. The following study of the ne w 1- ■quor law is given the Times by an able attorney who has read it very closely. The prohibition measure is a crim inal law, and must be construed strict ly, that is acording to the letter and uthe spirit of the law. The spirit of a prohibitory law is to prohibit, and we have the letter of the law as fol lows, “That it shall be unlawful for any person, firm, corporation or Associa tion within this state, to manufacture, sell, carter, exchange, receive, accept, give away or induce trade, deliver, j store, keep in possession, in this state, i furnish at public places, or otherwise | dispose of any spiritious, malt, fer- J mented, brewed or other liquors, and beverages, or any compound or mix ture thereof which contains alchohol, and is used as a beverage and which if drunk to excess will produce intoxi cation/’ Now if Florence or any other coun ty votes out the dispensary this will •be their law, that is the law of every • county in the state that has no dispen- -sary. This bill construed strictly, is as follows leaving out the selling por- *tions: Any person that receives, liquor cal culated to intoxicate is liable to a fine of not less than one hundred dollars, or more than $50 or imprisonment for not more than one year for the first offence, for subsequent offences, no JUe allowed but imprisonment at hard labor from one to five years. , SO a guest at a dinner or a social gathering who receives a glass of wine or other liquor, is under this law liable. If he or she simply receives the glass they become criminal, as also U they accept the glass and drink it. Any person who delivers to another any 6f the aforementioned liquors etc. hi guilty. The servant waiting at the table, or the friend who is asked to carry to another a bottle of whiskey. Any one found with liquor in his or her possession is guilty under this law You cant have it in your house. This of course will put all social cdnbs out of existence, and prohibits the use of wine in families, or else where, the mere possession of a half pint or less of liquor is a violation of this law. Neither can a farmer or his wife, make a little blackberry or grape wine for their own use, is^ it would be manufacturing and if they could be acquitted as a manufacturer they would be guilty who gave anot- ec any of the aforementioned liquors. A farmer desiring to make apple vinegar is under a strict construction of this law liable for before it becomes vinegar it becomes hard cider and as such is intoxicating ,and he could be taken for having an intoxicant in his 'Possession. Now for medicinal purposes, only a Retail Druggist in an incorporated town or city, can sell alcohol, a drug gist in the country can’t. The Drug gist must give a bonnd for $5,000, and 4s required to make monthy reports and file prescriptions, with the clerk nf court monthly, can only sell a half pint of Alcohol at or on one prescrip tion. and that prescription must be fitted the day of its date or the next, and the Doctor giving it must make oath giving the name of his patient the length of time he has been attend ing him and that he believes it is aecc ^rrary to have alcohol, for his use. Now we will exemplify this act. A Is very sick at Hymanville, he sends of a doctor who after treating him for - some time finds that he needs say daily a milk punch to help him regain hts strength. The Doctor has to hunt up a notary public, or magistrate, and make the required oath the party who is to get the liquor, gets on his horse and goes either to Florence or Lake City, finds no druggist in either place who has taken out a license and given die bond. He then gets on the train and goes to Charleston or Columbia, gets his liquor from a licensed drug gist; for if he gets it from the dis pensary he is liable to arrest for hav ing it in his possession, gets back home probably to find the patient about to be buried. Now this is no fancy picture it can and may happen. Now as for Church purposes. The Minister or some officer of the church, can’t sell to any one else, and only a half gallon of wine, on any one re quest. The Minister or church officer must sign a statement giving his name residence, the name and location of the church, for which such wine is purchased, and he shall certify that such wine be purchased to be used for sacramental or religious purposes, and no other/ No person under this law other than a Minister, pastor priest or regularly constituted officer can purchase this wine and only from a licensed drug gist. FLORENCE S C. ^TUESDAY MARCH 2 w 1909. No. 159 THE LOGICAL RESULT. I MOVE PRESIDENT OF SEMINOLE RETURNS FOR TRIAL JOHN Y. GARLINGTON UNDER AR REST AT COLUMBIA. Declares He and Other Officers of Seminole Were Not Hiding in Chat tanooga. • Columbia, March 2.—Jno. Y. Gar- lington, former president of the Sem inole Securities company and now in the brokerage business in Chattan ooga Tenn., returned to the city yes terday bringing with him Deputy Sher iff C. J. Ware of Hamilton county, Tenn. Others in the party were J. Stobo Young, former secretary of the Seminole company, and M. G. Jeanes, one of the solicitors. Garlington denied emphatically the publication sent out over the Asso ciated Press wire from Chattanooga to the effect that he had been arrest ed and “released on bond immediately following his arrest.” ‘ It was further stated that “the other two defendants, J. S. Young and M. G. Jeanes, volun tarily surendered and were released.” This statement is denied by Deputy Ware, who says that no papers of any kind were served on Young and Jean es. The charge against Garlington in one warrant is obtaining money under false pretenses, and in another war rant he and Young and Jeanes are charged with conspiring to defraud. The accuser is Dr. T. J. Crymes of Greenwood. The three men named will to-day apply to Magistrate Fowles for bail. Last night they slept at the Je rome hotel and were as free from re straint as when they were living there last summer. Garlington’s statement is that last Thursday he was waited on in his of fice by Mr. Conner, the sheriff of Ham ilton county, who stated that he had a telegram advising him to hold Gar lington as a fugitive from Justice. Garlington soon satisfied the sheriff that he was no fugitive as he had sev eral office rooms in the James build ing with his name flaring from the windows. He was served with the warrants but not taken into custody. He declares that the sheriff of Hamil ton county received several telegrams from Sheriff Coleman directing that Garlington be locked up, but this was not done and Garlington went about deliberately making his preparations to leave Chattanooga Sunday. At the Gem This Week. Big crowds attended the Gem last night and the program was very en joyable. Besides the pictures Mana ger Barkley has a fine vaudeville act this week, Madame Hoof man who is a baffling slight of hand performer and Prof. Talkerton ventrilloquist and Punch and Judy artist of the first rank. The show they give is a good one and will please everybody. They will be seen every night this week in new tricks and Punch and Judy acts. For That Dull Feeling After Eating. I have used Chamberlain’s Stomach and Liver Tablets for some time and can tha f they have done tee more go<Hl than auy tablets I have ever used. My trouble was a heavy dull feling after eating—David Free man, Kempt Nova Scotia. These tab lets strengthen the stomach and im prove the digestion. They are far superior to pills, but oost no more. Get a fre sample at your druggist’s and see what a splended medicine it is. D For sale by aH druggists. Foley’s Honey and Tar cures coughs quickly, strengthens the lungs and ex pels colds. Get the genuine in a yel low package. B. M. Matthews. WILL LAY THE AXE TO THE ROOT OF DISPENSARY PROFITS. AS STEP TOWARDS FINAL DESTRUCTION Leaders Consider Thenselves Bound Against Citadel, But Will Attack the Outposts and Supports of Dis pensary. While the prohibition leaders in the house of representatives at Columbia carried around with them the air ot men who had been buncoed last Sat urday, they have as their motto “Re- surgam.” They will be up and com ing in the next session of the general assembly, and their plan will most probably be a bill to require county dispensaries to sell their liquors at actual cost of the goods and the hand ling of them. The profit feature be ing knocked out. It is argued by the Achilles of the prohibition forces that so many mem bers in the house and senate have gone on record to the effect that they scorned the profit feature, that they would stultify themselves if they failed to stand for such reform. They argue that if the profit feature can be cut out of the dispensary it would not be so hard to finally overthrow it. The fact that in Richland county the prof its from the dispensary almost pay the entire running expenses of the county, and in other counties Florence and Orangeburg and Georgetown, among them, the income from this source is so considerable as to reduce the tax levy to a minimum, gives the people of those counties a disposition to tolerate the evils that are supposed to be inherent in the legalized sale of whiskey. It is not denied that there will be blind tigers, and that the sale and consumption of liquors will continue. They insist that the main object of their fight is to put the sale of liquor entirely without the pale of the law, under the ban of the law, to -make It an offense that men should encourage it, and in that way make more odoius the use of liquor. It is generally conceded that it would be folly to attempt to pass an other state wide prohibition bill after the compromise of this year, but the prohibitionists are people who do not rest in their warfare. They have the conviction of a cause founded in right and righteousness, and men die will ingly for any cause in which they can feel such call of conscience. They will even sacrifice their worldly goods in such a cause, and that is sometimes harder to do than sacrifice their lives. Many of the prohibitionists consider that the result of the fight binds them to accept the result as the finality of this legislature, but there is no reas on, so they urge, why they should not atack the side lines and the outposts, even if they do not storm the citadel. Therefore the first attack will be made on the profit feature which will be something like cutting the enemy off from their base of supplies. This fight may confidently be expected next year. Effect of “Modern School Training” is Showing in Physically Wrecked Chil efren. The health commissioner of New York declares that records show the school children there are breaking down 1 under the present cramming system and declares that out of 275,- 000 children examined in the public schools, over seventy per cent, were found physically deficient. He de clares that the children are driven too hard for their physical strength to stand, and that instead of the sound foundation of a practical edu cation, this breaking down system gives a smattering of many things which does not even produce mental compensations. This declaration from such a source, supported by figures, needs attention and examination. A system which overtaxes seventy per cent, qf the school population is not fulflllidg the needs of educational progrefb. U. S. COURT IN SESSION SPRING TERM CONVENED IN FLORENCE THIS MORNING. THE OFFICERS AND JURORS RESCUED FAMILY FROM BURNING BUILDING J. D. RUTLEDGE OF SUMMERTON HAS A NARROW ESCAPE. GOVERNOR HOLDS UP ACT OF LEGISLATURE. To Force Insurance Companies to Pay Back Taxes—Signs a Number of Bills. Columbia, March 2.—The Governor today announced the signing of a num ber of acts of general nature, among them the following: New Dispensary act. Two acts effecting Commissioner Watson’s Department. The act forbidding the publication of the victim of rape. Two acts in reference to the C. C. & O. The act making the burning of an insured building a u/ony. The asylum investigation act. He is holding up the Christensen- Cothran act to torce insurance com panies to pay back taxes for a hearing on Thursday. McCaw. Fine Vocalist at Elite. Miss Clara Wells, a charming vo calist of great repute is singing this week at the Elite. Her illustrated songs have proved very gratifying to the patrons of that popular theatre. Fresh country eggs, 20c per dozen. Consumers Grocery Company. 3t. Wakes to Find His Home in Flames and Family on Verge of Being Burn ed. Dr. Brooks Rutledge received a tele gram Sunday, informing him of the destruction by fire of the residence of his brother, Mr. J. D. Rutedge, at Sumerton, Clarendon county. Later nformation is to the effect that Mr. and Mrs. Rutledge awoke at 2 a. m. Saturday night to find the entire rear part of the building in flames and themselves cut off from the lower floor as the stairs were burning. In arousing Miss Annie and the two litte boys across the hall. Both the father and mother were scorched about the face and hands, receiving painful though not serious injuries. The entire family were forced to take refuge on the piazza roof—which, by reason of the peculiar constructloa of the miilding, was an unusual height from the ground. From this dagerous and most trying situation Mr. Rutledge saved them by climbing down the square pillars, badly lacerating his hands in so do ing, and securing an old ladder, too short by several feet to reach the roof. How the ladies and the badly frightened little boys successfully reached safety. No one can just state but all were barely saved. The house and all ts contents including all the clothing of the family were consumed. ««A number of bales of cotton and a large quantity of baled hay, stored j near the dwelling were in extreme danger, but Mr. Rutledge saved his cotton and the larger part of the hay, as well as his live stock. His farm ing implements, among which were a number of costly, modern machines, and about 400 bales of hay were lost. This is a severe blow as well as a terrible shock and Mr Rutledges many friends in Florence sympathize with him, while they also rejoice in the al most miraculous escape of the family. Dr. Rutledge went this morning to be with his brother, and will be out of town until Thursday. THE MUNICIPAL CAMPAIGN Opens with Mr. Muldrow’s Announce ment for Mayor Today. The municipal campaign opens to day with the announcement of J. F. Muldrow for mayor. Mr. Muldrow is too well known in the community for an introduction. He is a successful business man and a close economist in the administratioin of his own af- and an advocate of hat same policy in municipal affairs. The election will be held in May, a primary in April is ' . ^.omary and will probobly be * , '' M in aoout six weeks. Wash ••‘Eton's >«. i e Spots, lie in the k .narshy button ms of the Potomac, tliu breeding ground of ma laria germs. These germs cause chills fever and ague, bllliousaess, jaundice, lassitude, weakness and general de bility and bring snffring or death to thousands yearly. But Electric Bit ters never fail to destroy them and cure malarial troubles. “They are the beet all-round tonic and cure for ma laria I ever used, writes R. M. James of Louellen, S. C. They cure stomach, liver, kidney, and blood troubles and will prevent Typhoid. T._ i;<6ir, &0c. Guaranted by F. U. La^ uiug Co. Many Visitors in the City.—One Small Case Disposed of This Morning— Other Court Matters of Interest. The United States district and cir cuit courts convened in the city this morning. The session will probably last through three days the officers of the court are as follows: Judge, Hon. William H. Brawley; S. At torney, Ernest F. Cochran; Assictant U. S. AttWney, Thos. W. Bacot and Abial Lathrop, Clerk oi District Court Richard W. Hudson; Clerk of Crcuit Court, C. J. Murphy; U. S. Marshal, J. D. Adams; Deputy Marshall, V. T. Clayton; Office Deputy, J. L. Adams, Clerk to district attorney, John T. Heidtman; Stenographer, Miss Sue P. Frost. Grand Jury: Roger Pinkney, Jr., Yamassee, E. C. L. Terris, foreman, Pendleton, B. R. Smth, Cottageville, R. L. Nickles, Ninety Six, W. L. Wel- born, Williamston, T. H. Gentry, Sum- merton, H. J. Baker, Harleyville, M. A. Poole, Greenville, R. R. Baker, Hampton, Walter Cheetham, Hardy, W. B. Wright , Shelton, S. B. Sawyer, Wards, H. C. Pollitzer, Beaufort, Hen ry Getzen, North Augusta, J^H. Chap man, Catoochee, J. F. Goodwin, Char leston, D. E. Lunn, Ebenezer, John Eve, Barnwell, S. P. Roof, Lexington, R. K. Breeden,. Bennettsville, B. H. Yarborough, Jenkinsville, J. H. Dicks, Dunbarton, J. W. Green, Union. Petit Jurors: Baily Robertson/Pick ens, F. R. Massey, Lancaster, W. L. Oats, Lamar, W. B. Allgood, Pickens, B. C. Wallace, Sumter, H. W. Chitty, Olar, S. F. Perry, Batesburg, M. H. Is rael, Charleston, J. W. Grooves, Sandy Ridge, W. T. Goldfinch, Conwpy, W. S. Chandler, Mayesville, J. H. Chap pell, Newberry, G. J. Wilds, Lonston, J. S. Wannamaker, St . Matthews, W. A. Giles, Graniteville, W. P. Warren, Appleton, S. F. Cooper, Greenwood, J. A. Medlock, Hodges, P. M. Murry, Walterboro, B. F. Neeves, Tigerville, J. C. Miller, Sandy Run, E. N. Bunch, St. Stephens, Chas. Croft, Fairfax, J. M. McIntosh, Society Hill, C. C. Bunch, Charleston R. R. Tolbert, Jr., Abbeville, A. H. McCarrel, Bath, D. E. McCutcheon, Church, J. D. Jenkins, Privateer, J. H. Bryant, Reevesville, Clinton Bodiford, Blackville, Rufus Ashmore, Pickens, J. B. Smith, Mid way, Z. W. Wines, Society Hill, R. S. Hagan, Abbeville, R. F. Haynsworth, Sumter. Messrs. Isaac C. Strauss of Sumter, J. B. Gibson of Dillon, Henry Buck, J. W. Johnson, F. F. Covington of Marion and Z. T. Kershaw of Tim- monsville were admitted to practice in both courts. The grand jury returned true bills in the cases of H. C. Nunnamaker, a cotton mill hand charged with using the mails for fraudulent purposes, and D. H. Fass for the same offense on two [ counts. Nunnamaker plead guilty and was sentenced to six months in the Sumter jail and a fine of $200. There are several other cases before the grand jury. The case of R. C. Goodwin vs. the Atlantic Coast Line was discontinued. Other cases on the criminal docket have been continued for one reason or another. A motion for a new trial was made in the case of Latham vs. the Coast Line. The Mike ^lawa case in which the defendant is charged with disposing of bankrupt stock was nol pressed by virtue of the statute of limitation. There are a number of prominent attorneys in the city attending the session. TRIED TO KILL HIMSELF. PRIZES FOR MILITIA MEN. A Number of Cash Prizes to be Offer ed at the Inspection. The C. L. I. is busy getting ready for inspection, which takes place A- pril 2. Drills preparatory to this or deal are being held Mondays, Wednes days and Fridays. Some of these drills have been well attended and the progress of the company has been very satisfactory. Capt. Ayer has offered several prizes for individual work to be award ed at inspection. There will be a first prize of $5 offered for the best drilled man, $3 for second, $2 and $1. For the gun in best conditiojt $l and those next 75, 50 and 25 cents. For the best kept equipment, in cab inet, $1 and next 75, 50 and 25 cents. The local company has always had the best kept guns in the state, and the effort is an earnest one to keep this record. \ The prospects are for a very good, company this year and the officers feel very much encouraged. - “CARPETBAG HERO” HAS PASSED AWAY. Death in Michigan of Former Justice Soioman L. Hoge of Reconstruction Fame. - Columbia, March 2.—News has been received here of the death of Solomon L. Hoge of Kenton, Ohio, at Battle Creeck, Mich., on February 23. Tha anonuncement will be of considerable, interest locally, especially to Colum bians, who remember his residence here in the early 70’s. Solomon L. Hoge was a native of Ohio and served in the Northern army in an Ohio regiment. He was pro-, moted, it is said, for gallantry on the field and was n Washington at the time of the assassination of President Lincoln. With the entire city in the utmost confusion he organized an emergency regiment of soldiers and sent detachments to guard the homes of the cabinet members, which was deemed absolutely necessary at that time. _ Afterwards he was detailed to go to Charleston and then to Columbia to assist i n the management of the Freedmen’s bureau, being placed at the head of the courtmartial. He took a prominent part in legis lative proceedings and was elected an asociate justice if the supreme courts He was afterwards a candidate for congress from the Columbia district against Judge Jacob Pinckney Reed of Abbeville, and was seated after a contest before the congressional com mittee. He also served as comptrol ler general and in 1877 returned to Ohio where he practiced law until 1881 when he was engaged in banking business and was elected president of the national bank of Kepton, Ohio. A SLICK THIEF CAUGHT. Assyrian Stranger Attempts to Cut His Throat and is Locked up for Safe Keeping Joseph Abraham, an Assyrian who was taken up several days ago and placed in jail to prevent him doing vio lence to himself was released last night. He went into a store on Dar- gan street and picking up a knife on the counter proceeded to cut his throat. He was stopped before doing any great harm to himself and is now in the custody of the authorities. Get your fish from the Poor Man’s Friend. Shad, SOcents. Herring 10 cents a bunch, Louis J. Rollins. 2t Negro has Been Makng Business of Stealing Harness and Lap Robes. The police arrested a negro named Willie Woodberry yesterday on the charge of stealing harness and lap robes. Woodberry seems to have been in that business for some time as new evidence comes up against him from all sources. The chief offenses are for stealing from Brooks McCall and S. H. Saunders. Woodberry will be given a hearing before the mayor to morrow. The negro has been quite slick in his operations which have been going on for several weeks. The case against him was worked up by Officer Cain to whom the report of the Saunders case was made. The Magistrate’s Court. John Jackson and Houston Green were up before Magistrate McClene- ghan yesterday on the charge of be ing drunk and creating a disturbance on the public highway. Green was dismissed and Jackson plead guilty and was fined $5. Jackson was also charged with carrying concealed weap one lo which he plead guilty. He got $20 for this offense. Mr. Clarence Wigfall will conduct a demonstration the entire week of one of the most important househod articles ever seen here. Don’t miss this opportunity. At Barringer’s all this week. Get your fish fronTthe Poor Man’s Friend Shad, SOcents. Herring 18 cents a bunch. Louis J. Rollins. &t If you need a pill take DeWitt’s Little Early Risers. Insist on them;? gentle, easy, pleasant, little liver pills. Sold by Riley Drug C.