The Camden chronicle. (Camden, S.C.) 1888-1981, April 01, 1898, Image 1
Tho Investigation Into tho Maine
Disaster by the Court of Inquiry
?
?? ? ? ^
AND WHAT IT REVEALED.
[HE HSIB
DfJIS 1 [MIL
The Arrival of the Ship and Her
Subsequent Destruction.
She president Will Advlso Congress
of Her Reply, and Advise l>ellber
ato Consideration in tho Meantime.
The Sending of tho Main? to Jla
^ana nn Act Restoring Friendly
Relations and Was So Regarded
by tho .Spanish t*ovoriiment--l he
Mcssago to Congress.
The President, on ibo 28th, accord
ing to promise, eeut tho following
message to Congress:
To I he Coiif/ress of the United States:
For somo time prior to the visit o*
the Maine to Havana harbor our con
sular reports pointed out the advan
tages to flow from tho visit of national
ships to the Cuban waters, in accus
toming the people to the presouce of
our flag as tho symbol of good will and
four Bhips in tho fulfillment of the
mission of protection to American in
terests if ever the need therefor might
exist. Accordingly, on the 24th of
January last, after conference with the
Spanish minister, in whioh renewals of
visits of our warships to Spanish wators
was discussed and accepted, the penin
sular authorities at Madrid and Ha
vauna were advised of the purpose of
this government to resume friendly
naval visits at Cuban ports, and that in
that view the Maine would forthwith
call at the port of Havana.
Tlie Friendly Call,
This announcement was received by
? the Spaui?th government "With appre
ciation of the friendly charaeter of the
visit of tho Maiue and with notification
of an intention to return the oourtesy
by sending Spanish ships to the prin
cipal ports of the United States. Mean
*-iiuio the Maii.e entered the port of Ha
vana on the 2.*!th of January, her ar
rival being marked with no special in
cident besides the exchauge of cus
tomary salutes and coroinonial visits.
The Maine continued in the harbor of
Havana during . the three weeks fol
lowing hor arrival. No appreciable ex
citemcnt attended her stay; on the
contrary, a feeling of relief and confi
dence followed tne resumption of the
long interrupted friendly intercourse.
Ho noticeable was this immediate effect
of her visit that the consul -general
strongly urged that the presence of .our
ahips in Cuban waters should be
kept up by retaining the Maine at
Havana, or, in the event of her recaU,
by sending another vessel there to tak*
her place.
Destruction of the 8lilp.
At forty minutea past 9, in the even
ing of the l.r,th of February, the Maine
was destroyed by an explosion bv which
the entire forward part of the ship was
utterly wrecked. In this catastrophe
two officers and 204 of her crew per
ished, thoBe who vere notkillcd out
right by her explosion being penned be
tween decks by the tangle of wreokage
and drowned by tho immediate sinking
of thq, hull. Prompt assistanoe was
rendered by the neighboring vessels an ?
ohored in the harbor, and being espe
cially given by the boats otthe Spanish
cruiser Alphonso XIII, and the Ward
I4n? steamer City of Washington, which
lay nOar by. The wounded Were gen -
arously eared for by the authorities of
?***?* tk* hospitals being freely
opened to them, while the earlieet re
covered bodies of tho dead were to*
^ - - ?? via. ? i. ^ I ^
disaster to national vessel < of Any mar
? .u.u. <? eoufri of imrwtrr
??s tvt voce organized, composed of orti
oois w oil ipialiftod by lank uml piactl
cal experience to disohargo tho onorous
duties impose I upon tltem. Aided by
a strong (oroe of wreckers ami divers, |
the court proceeded to make a thorough
investigation on tho spot, employing
every available nutans for U?w impartial
ami exact determination of tho causes
of the explosion^ Its operations have
been conducted with the utmost dolib
fcration and judgiueut and, whde inde
poudondontlv pursued, no source of
information 'amis neglected; uud the
fullest opportunity was allowed for a
HiiuultniiooubunobtiKutiuu b.v the Span
ish authorities.
Finding of the Court.
The tiuding of t )i e court of imjtury
was reached after twenty three days
of continuous labor, on the 21st of j
March, instant, and having been* Hp- j
proved on tho &Jd, by tho commander*
in ehiet of the United States naval
force of tho North Atlantic station,
was transmitted to the executive. It is
horewith laid before tho Congress, to- I
gether with tjlo voluminous testimony
taken before itho court. Its purport in
brief, is as fdllows:
Wbeu the Maiue arrived at Havana
she was conducted by the regular gov
ernment pilot U'? buoy No. 4. to wliiob J
i she was moored in from tivo and one- |
half to f?i.\ fathoms of water.
The state of discipline on hoard ami
the condition of nor magazines, boilers, j
coal bunkers and storngo compart- j
monts are passed in review, with tho !
conclusion that excellent order prevail- ]
ltKronr 01 .tiiiuV ucur.
I'c.xt of tho Ftmllufts of Hoard of
Imjulry Into OmJmicHoh of il?<?
Plaint*.
llio following is the report of the
coui t of inquiry :
In re explosion of the United Btutes
Huttlusliip Maine, Before a Court of
Inquiry^ Kt-y Went, Flu., United
States Steamship Iowa, tlrst rate, lvoy
W'o^t, Flu , Monday Mutch vl, iy:<y.
' After full and mature consideration of
u!l tlio todimouy bofore it, tho com L
liuds, as follows:
I
That Urn United S(h??h butllonhip
i Maine arrived in the harbor of Havana,
Cuba, on I bo twenty-fifth day of <1 an
nary, oighteou hundred and uiuoty
I eight, and was tuken to buoy No. 1, in
from live aud u half to six fathoms of
water, by tho regular government pilut.
The Uuited states cousul general al
Havana had notified the authorities ' at
that place on the previous oveniug of
the arrival of the Maine
II.
Tho stute of discipline on board tho
Maine \vnn excellent, and all drders and
regulations in regard to tho care and
safety of tho ship were strictly carried
out.
All ammunition was stored in ue
conlance with prescribed instructions,
and proper care was taken whenever
ammunition was bundled.
Nothing was stowed in any of the
magazine* or shell rooms which was |
not permitted to bo stowed there.
The magazines and shell rooms were j
THE MAINE COURT OF INQUIRY.
CAPTAIN W. T. BAMPBON.
CAPTAIN P. E. CnADWIOK.
?d and that no indication of any cause
for an internal explosion existed in any
quarter.
At 8 o'olook in the ovening of Feb
mary 15, everything had been reported
secure and all 'was quiet.
At forty minutes past 9, the vessel
was Buddeuly destroyed.
There were two explosions, with a
brief interval between them. The first |
lifted the forward part of the ship very
perceptibly; tho second, which was
more open, prolonged aud of greater
volufne, is attributed by tho court to
the partial explosion of two or more of
the forward magazines.
The evidence of the divers establishes
that the afterpart of tho ship was prac
tically intact and sank in that condi
tion a very few minutes after tho ex
plosion. The forward part was com
pletely demolished. The evidence of a
concurrent external cause, tho finding
of the court is as follows:
The Nature of the Injury to the Ship.
At frame 17, the outor shell of the
ship, from a point eleven and one-half
feet from the middlo line of the ship
and six feet above the heel when in its
normal position, li^* boon forced up no
as to be now about\ four feet above the
surface of the water; therefore about 84 i
feet above where it wkmld have been had '
the ahip sunk uninsured. The outside'
bottom plating is bifut into a reversed V
shape, the after wing of which, about
1/i feet broad and 82 feet ih length
(from framo 17 to framo 2!>), is cltmbled
back up in itself aktainst the continua
tion of the samo plating oxtontjing for
ward. At frame l&the vortical! keel is
broken in two, and the Hat Idol bent
into an angle similar tcrthe angle form
ed by the outside bottom plates. This
break ie now about (J feot below the sur
face of the water and about 80 feet above
its uormal position. In the opinio** of.,
the court this effect could have been
produced only by tho explosion of a
mine aituated under tho bottom of the
ship, at about frame 1H, and somewhat
on the port aide of the ship.
, The Conclusions.
The conclusions of the court are:
That the lose of the Maine' was not In
an j respeet dne to fault or negligence
on the part of any of the' omoera or j
msmbera of her <fnw. That the ship 1
was destroyed by the explosion of a
submarine mine which caused the par- 1
Mel explosion of two or more of her
forward' m agazinetf ; fcp<T that up eyi
deaee haa bee* obtainable fixing the
for W destruction of
Jk?Jgsm *P<>* or per
. . c<5mma\ndeb ajdolph martx.
LI EUTEN AiTf -jC CAM M Ali ?> EH W. P. POTTER.
always locked after having been opened
and after the dereliction of tho Maine
tbo keys were fpund in their proper
place in the captain's cabin, everything
having been reported seenre that oven
ing at 8 o'clock.
The temperature of the magazinos
and Bhell rooms was takon daily and
reported. The only magazine which
had an undue Amount of heat wan not
exploded iat tho time the Maine wan
destroyed.
Tho torpedo iwarhoads were all stowed
in 1 lio aftorpArt of the ship titider tbe
ward room, and neither caused nor
participated in the destruction of the
Maine. The dry guu cotton primers
and detonators wore stowed in tbq
cabin aft and remote from tho scene of
tho expj(osiou.
Waat?f'wks( carefully looked after on
board t!he Maine to obviate danger.
?Special orders in regard ta this had
been ghvon by the commanding ofllcer.
Varuishorv, dryers, alcohol ahd other
combustible* of this nature were stowed
on or ahovo the main deck, and ioould
not l^ave hmd anything to do with the
destruction of tho Maino.
Tho medical ntoros were stowed /af$ J
under tho ward room and remote from;
the sc?ue of tho explosion. /
No ^augerous stores of any kind we're
stowea below in any of the other store
rooms.
The coal bunkers were inspeoted
daily. Of these bunkers adjacent tb
tho forward magazine and shell rooms,
four wore empty, namely, "ft 8," ft
4," "ft 6" "ft 1ft" had been
SI' A I N AO! KITH
Moliiiiley'H l'l'opusrd Armlntl?-?>
III Cubjk I tit 11 ()c(olifr.
Spam has n^reoil to aooopt I'nvs
iilont MoK in ley's |>l?u ?n rogftul
to < -uba.
Tho I'Toaidont'fl plan is :
First, tiu uriuititico between the
Cubitus tiutl spaniards until Oelo
b or.
Hoeoutl. tho Uiiiteil Stutes t<>
feed t lie reeouoatradoes \s nil
Spam's consent,
Third, tho Maine rei o?"t ?? to be
hold in committee indefinitely.
The ['resilient believes this
ouUntry will support him in thus
iivoUliUK war.
? - "?& ? ?
iu use that day, and "A liJ" was full of
Now Itiver coal. The coal had been
carefully inspected before teceivttig it
uu board. Thebuukoi in which it wan
stored was accessible ou three Hides at
all times, aud the fourth sido at thin
tuiio, oil account of bunkers ''lift" and
"li 0" being empty. This bunker, "A
lt>" had beou inspected that day by tint
engineer otlioer on duty.
The firo alarms in the bunkers were
in working order, and tliore had never
boon a case of spontaneous combustion
of coal ou board tho Maine.
The two after boilers of tho ship
were in uso at tho tunc of the disaster,
but fur auxiliary purposes only, with a
comparatively low prossuro of steam,
and boiug attended only by a reliable
watch. Theso boilers could not have
caused the explosion of tho ship. The
four forward boilors liavo since beoli
found l>3- the divers aud are in a fair
condition.
The night of the destruction of tho
Maine, everything had been reported
secure for the night at S p. m. , by re
liable persons, through the proper an
tliorities, to tho couiuiauding officer.
At tho time tho Maine was destroyed,
the ship was quiet, and therefore least ]
liable to accident caused by movements
from thoso on board.
111.
The destruction of tho Maine occur
red nt l>:40 p. m. ou tho ir?th day of
February in tho harbor of Ha
vana, Cuba? she being at tho time
moored to tho same buoy to which she
had boon taken upon her arrival,
There wore two explosions of a dis- |
tinctly di lleron t character, with a very ;
short, but distinct, interval between ,
them, and the forward part of the ship J
was lifted to a marked degree at tho
time of the iirst explosion.
The lirst explosion was more in the
nature of a report liko t lint of a gun;
while the second explosion was more
open, prolonged and of greater volume.
This second explosion was, in tho opin
ion of tho court, cause by the partial
explosion of two or inoroof tho forward
magazines of tho Maiuo.
IV. 0
Tho evidonco bearing upon this, be
ing principally obtained from divers,
did not enabto tho court to form a defi
nite conclusion as to the condition of
the wreck, although it was established
that the after part of the ship was
practically intact, aud sank in that con
dition a very few minutes after tho de
struction of the forward part.
Tho following facts in regard to tho
forward part of tho ship are, however,
established by tho testimony : "That
portion of the port side of the protec
tive deck, which extends from about
framo 80 to about frumb 41, was blown
up, aft, And over to port. Tho main
deck from about frame JK) to about
framo 41 was blown up, aft, and slightly
over to starboard, folding the forward
part of the middle superstructure oVer
ami ou top of tho after part. ''
This was, iu the opinion of the court,
caused by the partial exptysion of two
or more of the forward magazines of the
Maine.
V.
At frame 17, the outer shell of the
ship, from a point ll? feat from the
ihiddle line of the ship, aud 0 feetabove
tho keel when in ita norfhal tiosition,
lias been forced up bo as to bo now
about 4 feet above the surfaoe of the
watel-; therefore about ?4 feet above
where it would be, had the snip sunk
uninjured.
The outside bottom plating Jb bent
into a reverse V shape, the afteV wing
of which," about 16 feet broad audi H2
feet in length (from frame 17 to frame
26) is doubled back up6n itself against
the continuation of t|ie same plating ex
tending forward.
At frame 18 the vertical, keel is bro
ken in two, and (he flat keel bent into
an angle similar to the angle formed bv
the outside bottom plating. This break
is now about 6 feet below the surfaoe of
the water and about 130 feet above its
normal position.
In the opinion of the court, this ef
feot could have been produced o'nly by
tho expldtoion of a mine situated under
the bottom of the ship at abo&t framo
? > * ? .
IS, and somewhat on the port side of
tllH ship.
VI.
I ho court finds thnr tho los* of thtt
Munition tho occasion named was not
in nil v respect duo to f lit 1 1 t or negli
gence on tho pin- ( of it 1 1 \ of tho officers
Ol' IIM'lll ll('l S of tho flow Iff Hald VOSSel
v" [ , ? . I
In tho opinion of tho court, tho Maine
was t i t? -? 1 1 oyed l>v tho explosion of u sub
murine nifno, \v hic|i caused tho partial
explosion of two or taproot her forward
maga/iues.
VIII.
Tho court has been unable to obtain
ovidcnoo fixing tho lospoiisihility for j
tho dosti net ion of tho Miiinu upon any ;
portion or poisons.
W. T. S.V M I'St )N, Cttpt. I!. H. N., j
President.
A. MA1UV dent.- I'oui. L\ S. N. ,
.1 udge A it vocato.
Tho ooui t, h living linisbivl its in
fjuii >'| was oiuoiwd to muke adjourn
ment at II h hi , to await tho notion of
tho convening authority.
W. T. Hami'hon, ("apt. C. N ,
President.
A. M Aiitx, < 'omumndor I'. S. N'.,
dudgo Advocate.
I it it oil Hiatus Flanwhip, Now Vuik,
March |N;is, otV Key West, Pla.
Tho proceedings and findings of tho
court of imjuiry in tho nbovo cases nro
ftpI'lOVOli.
M. 8i?'aui>, liour Admiral,
Coininamlor-in-Chiof of tho United
States Nuvnl Forces on tho North At*
Inutio Station. }
TlltS SPANISH IM'.I'OK I',
(?liil ins Tim t tlio Kx plosion Was Inter
1111I--A Very Woali Document.
A full Hyunopsiti of tho report
of tho Hpauish naval , commis
sum which in ventilated tho do
Btruetion of tho battleship has I. eon
given tho Ausooiatod Press. It is taken
from u copy of tho original report,
which is now on its way from Ha
vaua, the synopsis being raided in tho
meantime, and has boon placed in tho
hands of this government. Tho conclu
sions reached are directly opposite tij
those in tho report of the court of in
quiry submitted to Congress. 'The nyii
opsin iu as follows:
"The roport coutains declaration;)
made by occular witnesses and experts.
From those Statements it cleaily de
duces and proves tho absence of all
thoso attoudaut circumstances which
are invariably pronont on tlje occasion .
ol tho ox plosion of a torpedo.
" riiw oviileuce of witnesses com para- 1
lively close to tho Maine at tho moment
is to tin/ effect that only ouo explosion
occurred ; that no column of water was
thrown into the air; that no shock to
the uido of the nearest vesu^l wan foit,
nor on laud was any vibration noticed,
and that 110 dead lish were louuil.
"Tho evidenc.o of tho senior pilot of
tho harbor states that there is abuud
anoo of ilsh 111 the harbor mid this is
corroborated by other witnesses. The
assistant engineer of works states that
after explosions made during the execu
tion of works in tho harbor J10 has al
ways found dead fish.
"The divers wore unablo to exatniuo.
tho bottom of tho Maine, which was
buried in the mud, but a careful exam
ination of the sides of the vessel tho
routs and breaks, in which all point
outward, shows without a doubt, that
thooxplosiou was from tho inside. I
"A minute examination of tho bottom
of the harbor around the vessel shows
absolutely 110 sign of tho action or a
torpedo and tho fiscal (judge advocate)
of tho commission linds 110 pruo.edont .
for the explosion of the storage maga
zines of a vessel by a torpedo.
" 1'lie roport makes clear that owing
to tho special nature of iho proceedings
followed, and the absolute 1 espect
shown for tho extra territoriality of
the Alaine, the commission hns been
prevented from making such an oxum- r
iuatiou of the inside of the veu^ol as. i
would determine even the hypothesis
the internal origin of tho accident. '1 his
is to be attributed to tho rcgretablo re
fusal to permit of the necessary co
operation of the Hpanish commission, 1
both with tho commander and crow of
the Maine, and the different ^ViCficau
officials commanded to investim/kt^ tho
causes of tho accident, and viator 011
with those employed in salv^Vv^ork.
"The report finishes by sta^lMjr'that
an examination of the iiisidfe .an^F out
sido of the Maine, as soon as ?ueb ex
amination may be possible, as also of
the bottom where the vessel rests, will
prove that, supposing the remains (of
tho wreck) not to be totally or partially
alterated in the process of extraction,
the explosion was undoubtedly due to .
some iuterior cause." q
No Insurance on Cotton.
A special to the St. Louis (Mo,) - fte
publio from Auntiu, Tox. , says: The
cotton buyers and brokers of tho State
are becoming alarmed at tho situation
iu tbeir businoss, brought ou by war
rumors. Tboy find it impossible to ho
oure^insurance on export cotton from
either Galveston or iitrfr Orleans. as
the insuranco peoplft will not nccept
the cotton with the present war cloud
hanging over the country.
Texas <?alns $100,000 n Year.
Judge Maxey, of the Texas Foderal
District Court, has refused an injuue-s
tion asked for by tho Arkansas Huild
ing and Loon Association against tho
State of Texas, enjoining the collection
of a franchise tax. The State w inning
this case means some 9MK),(KK) addi
tional income from foreign corporations.
? ????? - ?? -
Kxtrariltlon Hank Wreckers Denied.
Governor Zttu&all, of North Carolina,
denied the rcqnlftitlou of the CI over Dor
of Georgia for Jamas G. Mohagan and
If. T, Latham, ex -president land ez
cfohier, respectfully, of tba Abbeville
(Ga. ) Bank. IrreguLaritiaa of tho war
rants is given as reason foi* the deaiai
: Brtufltotn.
Tba two-eant fare bill, requiring
tba sala of 500-mile tickets by rail
roads, baa boat) paaead hj turn Ubio
Legislature, ?
Tbe Peoples' Baak, of IvNMfclpMat'
baa biea aloe ad. If Mikiar, Jokfe 8.
Ill Of MUCH (1H |
i
Attorney-General's Opinion on Tak- j
ing Insane Char^tul With Crime.
THE REG F NTS WISHED TO KNOW
\\ hit! Ilio ljiiw Is in to Mot l?oil
tit' Culoatllii;; Such People oil the !
I iihI It ul ton.
-- ? ?
Tho following opinion frotu tho At- j
tonu\v-(ioiuu itl's oHioe as to the im- |
poitnnt matter if tlio admission of
ci i initial* to tho h*>spital for tlio insane
wns received by the authorities of tlio
inat itutlou :
I)t\ ./, II'. fidfjcoc k, Superintendent \
Hospital for the Insane, ( 'nftuutiia, I
,V.
DkakSiic Your communication, in]
winch you say, "I nut directed by tho |
board of logouts to ask your opinion in
tho matter of tlio jurisdiction of judges
of probate iu ease* of persons under in- j
dictmont for. or accused <>f crime," ha:?
been received, ami has had attention.
Von also ask tho quoHtiou, "Whothor
such casei^b should not ho referred to
ono of tlio circuit judges before they |
can properly ho committed to tho hos
pital ?"
Tho Btatutcs of thin tttalo confer juris
diction upon prohato judge* to commit
porsous to tho hospital for tlio insane,
wlion prerequisites are complied wit-h. ;
Section I 7M.") of tho roviaod statutes of
lsjt.'i i\1mo proved:
"Any jud^e of tho circuit court in
authorized to Bond to tho asylum ovoiy
poison charged with tho commission of
any criminal olio n so who shall, upon
tlio trial hoforo him provo to bo non
oompoj mentis, and tho said judge is
authorized to mako nil uocosfary or
ders to carry into oiVect tliin power.
Where tho'persou no sent in not a pau
per ho shall bo aupportod out. of his i
own estate, according to tho regulations
to bo proscribed by tho court, on a writ
do lunatico iiKjuireudo. "
Section 1881 of revisod statutes is as
follows:
"It shall bo yb? duty of the regency
to adm't as subjects of tho institution
all idiots, lunatics and epileptics, bo
m?:ni> in T1IK IK)(TMKNT8.
TI?? Confederate UwIIh and the Work
of Completing Tliaiu.
Tho following in regard to the Con -
federate u?IIh of the Slate bM boon
issued: Tho general assembly, ut tho
recent session, provided for tho coin
plotion of tho Confederate rolh. Tho
undersigned propones to bring tho work
to it close by ( \ct, t next, when ho will
proceed to consolidate tho returns unil
icport tho roan It to tho goneriil nsaeiu
l?iy of ifs.jsi, I'ondintf thoclosing of tho f'
reeord, another ui>poul is made to al?
tho t 'oufudorates to whom (Jon. l^ai'loy
tr trust el rolls for revision to return
them prompltv to tlui oJlho revised or
u> t revised. This State has dono its
pai t in tho ojVort to perfect tho rooord
ol its Hobliery in tho war botweon tho
States. If the rooord shall, by October
iu'\t, bo found iucomploto, tho respon
sibility for historic ingratitude and in
justice to n portion of our Confederate
rank and lilo, will fall upon those who
have negloctod tho obvious duty of
sending in tho rolls of their respective
commands. In addition to tho Con
federate rolls, the rolls of tho Stato re
serves aro called for, and of all other
uiilitar v bodies who sorvod tho Stat^,
INiu The contribution of historic
war data is invited. Tho papers of tho
Stato aro requested to oxtond this
notice. John 1\ Thomas,
? <??** - r,
PITIIY STATES ITEMS.
The following items aio culled from
tho \?^'s and Courier's correspondents
at tho following points: '
K|)iir(uiil)iir((. '
Thoro was a siugular enso iu court
hero. It was not oxaotly tho two
I >i outios, for tftoro was only ono
of thcjttt present. ICd If. Smith lia:!
boon at Pacolet Mills for somo time. , A
fOAv days ago ho .was arrested on tho
charge of stealing from a man
named Morrison, in Abbeville county,
lie was released, haviug established
tho fact that howidi at Pacolet when tho
monoy was taken from Mr. Morrison
ovor near tho SavaDuah rivor. Tha
prosecution was ndt satisfied. Two
cons'ables caine with another warrant.
Smith was arrested acain. Another
writ of habeas corpus was ipsuod, and
ho was brought before Magistrate*
(Junior and Kirby. Witnesses from
Abbovillo- mado oath tlmt ho wiih tho
man. Mr. Hay, with whom ho boarded
at i'acolet, swore that Smith was board
ing With him at,.tho,timo the thoft was
committed. Tho books of tho Pacolet
Cotton Jlills showed that ho w?s on
t'LK.MSON TKXTIIjK SCHOOL. -
Tho abovo cut represents the now building that bun been designed for the
Textile Training Department of Olemwon College, 8. <JJ, it is modeled after tbe
denigiiH for a cotton factory and will have, beitides tbe olass rooms, oottoa ma
obinery in opefatiou for teaching tbe processes practically.
ing cilizeus of iliin Rlale, according to
tbo following regulations, and subject
to tlio' following conditions, that is to
say ;
."i. All persons who shall be found
lunatics or idiots |by inquisition from
the probate or circuit courts, or on
trials in tbo circuit where thecour^ohall
order such admission. "
The Hupreme Court of thin Htnte has
held in tho ens? of Walker vs. Kusoll,
10 y. C'., 82, in constructing this sec
tion that probate and circuit courta
have concurrent, jurisdiction. When
there are courts of concurrent jurisdic
tion the rule is, the court lir ?t acquir
ing jurisdiction can maintain it to tbo
exclusion of tho oilier court.
When a person is accused of crimo,
and committed by a magistrate <o jail
for trial in tbo court of general sessions^
that court then acquires jurisdiction
and tho probate court caunot oxerciso
it* concurrent jurisdiction.
Ju addition to this, soction 1785 ex*
pressly gives to the circuit judge the
power to soud to tho asylum' persons
iu iail, accused of crime, when upon
trial they are proved to bo nou compos
mentis.
Tt would seem, then, that the probate
judge would have no power to send
such persons to the State hospital for
the insane. If he has jurisdiction to
declare such insane, according to law,
then clearly lie would not have tho
power to send them without authority
of a circuit judge. Very rospeot fully
yours, C. 1\ Townhend,
Assistant Attornoy-Genoral.
4??
The Privilege Tax.
The privilege tax feceipta have been
falling off somewhat lately, but it ia
probable that the gross' receipts will
be muoh in excesa of thoso of last year.
The total received last year was nearly
$60,000. The total amount received
in 1898, up to the 10th, was $56,000.
againat $51,600 for tliW came tints laat
year. Following* ia an itemized esti*
mate of the, '?oeipt#*** the peat Hw
days:_ On Morel* iitb*.?$875; Oft the
16th. 811.62; 17th, $&7j 18th. $480;ietb,
$300; 21st, $182.60; on the 2^aad 23d,
$1,056. The total for this jrsar will
averags at least $5,000 morethan ?
Ail of tbamajiif "
(j
?esifetd lor Hw.
... 'J-tL- V.***- ?
stavy WslllB8til(|SDl
The State dispensary*: "
itfto IWU?
a*dobie4?ed
their roll at thai limb. VaHoun good
men swore that Smith was at Paoolet,
nud hail not left. Tho only explanation ?
in that Smith has a brother that ia very
much like him, and thai the witnessea
ure simply mistaken. Tho Pacolet^
Smith is free again.
> Columbia.
It is thought likely by the State cffl
cialn that the question as to the right of
t he State board of control to make the
purchase of the Robertson warehouse
for the new quartern for tho State dia*
peusary will vory shortly reach the At
torney ?General's office iu some form.
In the last few days there has been
conxiderabte public discussion over the
right of tho board to make this pur
chase in the light of the constitutional
provision as to the sohool fund and the
?orofits. The authorities are expecting
tho issuo to be made.
Hampton.
Corn planting in being geuei'ally
pushed throughout this county. ... ??
Xothiug farther has been heard regard
ing tho auspicious characters in C'olutn
bir, supposed to be connected with the
robbery here.
Hellers, Marlon County.
The opponente of the new county of
Pee-Dee, at Marion, hare employed Mr.
I Joseph Bruoson, of Florence, to resur
I vey the liaea ran by Capi Stoney, with
a view, ii ia aupposed, to ahow that
thoro ia not the constitutional area iu
the proposed new oOunty. Mr. Bran
son, with a force of bande, la now en
gaged ia the wo* k. ? ? ?
^
? Graham Inspect* Ow Fart*. *? ? -
Brigadier General Graham,
commanding lb*- department of the
gulf, and Lieut 8. Keber and Lieut.
(?. F. Banter were ia Charleatoh oo
the 24th, and inspected the lortiHoa*
tiona of the harbor. Tba report of