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VOL XX All IIPORTANl OSCSIOII ABOUl INtlOR. WHISKEY \ All Liquors are Liable to Seizure Unless State Certificates Are on the Bottle or Jag. By reason of an equally divided court tbe State supreme court bas rendered a decision to tbe effect that a man cannot keep two and a half gal lons of whiskey in his house for his own personal use, without the com missioner's stamp upon it, without laying himself liable to criminal pro secution under thtndispensary law. Tho decision was rendered in tbe case of Andersen Chastain and the judgment of the circuit court below stands affirmed. Chief Justice Mclver and Associate Justice have filed very strong opinions again missioner it Is obvious that on* essen tial element of the offen&e charged is lacking. The act will be searched in STAMPED, vain foil any such provision, and hence it cannot 'be said that keeping and using any spirituous liquors for one’s own personal use or gratification con stitutes any offense against.the crimi nal laws of the State. The 25th asetiop is quoted and Mr. Justice Mclver holds that it does not even purport to create any criminal offense, but .deals only with the seizure and forfeiture of con traband liquor. Indeed the proviso ig opinions against sustain- ding of the lower court. Mr. Justice Jones files the opinion on the other side, lu which Associate Justioe Hope concurs. In the Florence case recently decided, in which the court was equaUy divided, the appellants have submitted a request that a rehearing be granted before all the judges sluing en banc. No doubt a similar request will be made is this Chief Justice Mclver. in hie opis.cn thus presents the matter ta snbnfnee The de lewdest was toe ad guilty aad Is gay a las el 9190, or chela rang In Mr has lag la hie pmmmmtmm ts« aad a half gi>- urns ef ears ehlshey. ehuh >p ea It Oa this the debate on the admission of’Kansas, usual. It is due mainly to the exces slon of certain liquors which are not bought from the dispensary. "* The 26th section is next quoted, which it is contended was not to create any criminal offense, to but prevent tbe courts from entertaining any action for the recovery of the price of any liquor so seized. So much of the 35th section which is pertinent is quoted. It is difficult to see what light this section throws on tbe subject. It -certainly creates ao criminal offense exdhpt in the Inst paragraph, which has nothing to do with tbe case, In that it provides for a punishment tor imitation of stamps. Us conciodad by saying: “A very carets 1 consideration of this case ia all Its aspects leads inevitably to the cos clesion that the groneds of appeal mast be sustained " Finely, he says “law*:-, b as this upisioe aalty prepared betura the eietea of the supreme eeert of the V B>Sed Mates la ttmmM va hcott, 199 V ■ Ik, at, was eaaeaeced. I destru In asail myself of tha epnortasity presented ef adding me etaaiete-y asseuanry I etish I bare • as or.g. race at dm Bill Arp Thinks It a Privilege to be One of Them—Bx-Oovernor Ham mond bald that “Cotton Is King." In my last letter I said that I did not know who first said "cotton is king.” This admission of my ignorance seems to have surprised and awakened some of my Carolina friends and now I know from many sources that ex-Governor Hammond said it in a speech in the United States Senate in 1858, during It waa, a great speech, for he was a great man. It was a States rights speech such as Calhoun might have made, and in it he said* "No, sir, you dare not make war on cotton—cot ton is king. Until lately the bank of England was king, but last fall she tried to put the screws upon our cotton crop and was utterly vanquished—cot ton is king.” That speech gave much offense at the North and won for him tbe titlg of "Mudsill Hammond,'’ for in it he said : "In all social systems there must be a clam to do the drud gery of life—a class requiring but a low order of intellect and but little This class must have vigor, da- The Weather and Crops fbr the Week Ending April-8, 1897. The following Is live report of the weather bureau for South Carolina during the week ending April 3rd : - The general weather conditions du ring the present crop season were un favorable for the preparation of lands for planting and in consequence tbe season is late, being variously estimat ed from ten to twenty days later than skill cility and fidelity. Such a clam you must have or yoq would sot bare tbet other eed higher clam which leads progress, rettevmeet eej ciruUalioe. This lelerlor c see cwaslilutes the very ■•del l Is ef aeelMy aad of gvveremeel aad you m.ght ss well attempt to build as to build escept Ik FerteaaMlv for it., s. .■. ■ ehe bee a cm* adapted to ! <" teas pwrpuea We sail them slaeee •urd dtmardied by ease Befits, hat yes have a similar emm at t *-• > Vm **** **'’•• *■ sive rains In February, followed by continued .cloudy and rainy weather during March, with light winds, ex cept for a few days during tbe third decade of March when clear, cool and windy weather prevailed. This in turn was followed by rains which sus pended plowing and planting up to date. The temperature during the week covered by this bulletin averaged slightly Cooler than usual, with mini mum temperature below freeling as far eastward as Berkeley, where tbio ice was noted oa the morning of March 28th. Frost woe geaeral on that date, killing in exposed places, but owing to the backwardness 1 of the season, injury was limited, being con fined to corn, where ap. aad to Mutt - v 'ch — • -n . tartaliy dam;. J i, \ .rs, eperisa- bevg aad V u anythwestura-mwaties raaarally, .‘eachee suffered meet. Denag I a week the temperature raagud bet eea a miaimsm ef SI d» i gyves at Craaavilla aad a masimeMj 9 dag res. at tsaau s Fash Ta# rale fall • a* geaerai eeee the I Mate aad eae heaviest ever the wee I i It aveeqgud aaany I has, • a Uv tee ta* { avenge eav I ail What Judge John Belton O'Neal I held Forty Hive Years Ago In Passing Sentence on n Young Man lor Mur der.— Two Hundred Thousand Dalton Given to the hudhrere—The MU Was Famed in Lem Than aa Hour. The Hresident sent the' message to Congress on the 7th h relative to the flood sufferers on Misslmiiipi: To the Senate and Houaa of Repre- Mr. Robin Love, of Hickory Grove, sends tbe following document, which is copied from the Unionville Journal of 1852, to-the York ville Enquirer for publication. A young man named Hbineas H. Johnson had been convict ed of murder, and the court of appeals Bitting in Columbia had refused to . grantnim a nets Irtai; Thg' prisoner fromprom Inept citizens of them HtaAm in attendance upon the court of and Tennessee, warrants the oonolas- sentatives ’Information which has recently come to me from the governors of Ar kansas, Mississippi and Louisiana and the custonr Hr-those-} aion- that widespread disaster, involv ing the destruction of n large amount of property and the lorn of human life has resulted from tbe floods which have submerged, that section of the country. They are stated on reliable autboritv to be the most destructive floods that have ever devastated tbe Mississippi valley, the water being a* *ae, r* —y * w «a~ 'vm a. m »*. ' »'warv** j, s was appeals, as was days, and it became the duty of Judge O’Neall to pronounce the sentence of the couf-t, which was done as follows: Hbineas Johnson : Young man, how can I say to you, in the awful language of tbe inspired prophet, " set thy house in order, for thou shall die, and not live!” Yet it must be done. You are before me now, in the morning of life —in n few brief days you will be cut off, and the place which now knows vou. "shall know you no morn forever.” It is my duty to say to you, that the nature of your-erliae forbids tbe poe- siblitty of perdoe here. Your only hope of card on Is in the merciful atonement . J red you aad all men, la thefbrokea body aed • l ream lag bleed ef hiss who cried, " Father, forgive them, for they kaow aot what they da." Y mr prime, awful as It is, meet he set before v<> j la the hags that it may da yea aad tha comwsalty good To ererp ague a poor vomaa. la her awe satitery aehfe. ta the etUlaaaa af eight, o tth her ecretiag at her a istoetlle ippi higbi saa ia naaaaaaa much higher than the highest stage it has reached before. From Marion, Ark., north of Mem phis, to Greenville, Miss., n distance of more than 250 miles by river, it is rsported Ifast there are bow at least fifty towns nod villages under water, bnd 'he trrrtti>ry riwnd.og !rom Juu lilee hortb of Mam pels to 2UU miles south, with a width of forty miles. Is ibmargsd. H uad reds of acres of sa- cultivated sod aad cw>pe are larledad to' territory la this sect are AO.MO peaato whm bees destroyed aad wheea heataaas Is totu*. | seepeeded Grew tag trues have heaa rained, ikiwueads ef aaStU have heaa destroyed aad the lahaM lasts are Ikrseiised A gvoM meyvrtty ef SUok to bm closely,* envelop to the stamp. 1’ By will,’’ replied tha stamp. —By a judicial declsioo ia a New York court, tobaooo is bald to be aa article of necessity rather than a lux ury. —In California tbe railroads oo-op- erate with the people by carrylog road material at actual cost of transporta tion. —in tha Rocky Mountain ranges there are about 2,000,000 wild horses which anybody can have for the catch ing. —A young woman of Hillsboro, N. H , finished a piece of fancy work, la Ich, by actual count, there were 710,935 stitches. —‘‘Jones is a sly dog," remarked Aiken. " He always bas something up his slsern." " Has, sh ; whet is Tt Ths seam.” —When a man is sera that hie frtoada sever talk about him behind hid back. It to certain that all hto frleads »re dead. —One bind red years sge a mea was arrested la I oadoa for wearing a tall silk bat, tha first arttoto of bead r ef that hied ever eeea ia the id. The maa whs aaat afford a new s aad girls, eftaa has a ia fiadlag money tor tel whtofff. —The aaeeeSary of war Is la ' v-i •am tof Is the | «edt I to tbw * aee»4 ’ MW I "The a earn, a »eaeem> en ha thM wssh i •Ui i nafi sm ah I'usir * . ma4 vf imie seeeB» -•arw>ev* •« to sm . •*« •» •• Ififf ffff MffMdf 1 • hto tMVMs pom* tei ag aAmes aa pee | tmmm ■fw wmaeA mad tow mss | Wusmueh 4s aswp meaa \ ' iHf Hrtbd a ; #- ito fm 9 hsmffto OkfiaMhM ehaaghl f Mm ma ami me>- *e— —* ; I mm* I Wm* * I > ■ mm «v m* ■■■■ IfftoB ham naesh I seas m i dm Mhv*-*# *4 Me * *"• faaee he anas aad ** ^ hm •me aeapne e« a •** s**m»a see gawmna saw eaa mm mmm a *• m toms >» •* • i «• e —* m . Mea khMems se*m eesaei '• » was as the g* •am «s Se pnstto thm tone 1 MWHPH W •to • pdf vff toi ■1 Ml 9 #<# Tmmi tai ( «* • •■* «■« '.•* . 19 1 MM nmIh 1 •e-e m & 1 msgAtf m mwf 1m am* I see' f** mpn mm the taeto to* «a*e spnam to aa# swaAmemm pea < torn I m amm aapmvto ef fW. Da the eoetrary the charge . fp^jasiresr i defeedaal ualawfally stored v j oa coatobded for by oatrabaed Uauor la the , b o bolds. " see an examlaation of tbe ' .k. aun.**** hie eae the requires ileaps are upaa fv la the firm ptoee the ladkrt- a*eai dees act charge aay each edeaee tor 1% dose aot charge that aqeor* WQfX Im ad wlthoat the requisite etampa Oa tha eoetrary tho charge to that the d errtasa v-ootrabaad ercood pli dispensary law of ItM fails to disclose any provision making H an indictable offense for n person to have liquor in his possesslftn without tbe stamps of tbe State on it. There are several provisions in that act making such liquor liable to seizure and forfeiture, but none declaring that tbe mere fact that k person is found in possession of alcoholic liquors without stomps shall constitute a criminal offense. The sections of the act, which It is contended sustain this prosecution, are the 1st, the 25th, tbe 26th and 35th, and these sections are considered in the opinion of th§ chief justice. After quoting the first section he says that.it is divided into two distinct parts; the first part makes it a penal offense to do any of the acts therein forbidden, while the second part was intended to render the liquors referred to liable to seizure without a warrant and to forfeit them.. In other words the first sentence affects persons only and not property, while the second affects property and not persons. It is clear that the person charged must not only hsve manufactured, sold, bartered, excharged, received or ac cepted. stored or kept in his slon spirituous liquors, does so for sums unlawful par pone, for tout to eat eel y p( the I i «n« to ■»pessary la fa ith the ef spirt bat mast have astoe rsmsTsoti a Me daBtowa easttoa the tower swart, sea leads that the I sate qearttoa tor detarmtaattoa I whether the diepeaaary ask ef Itoa | arahiMte seder eeaaity the sutrieg er I kvealag ef tatoslceUag liqeors without ha*tag oa tha vessel the *tamp of the "The cvaetrec- tbs learned chief sould prnctUa'ly nullify the dispensary law, for it is not possible to bold that the keeping of intoxicating liquors in possession with out tbe permission of the stomp is not punishable unless it was kept for un lawful ueh, aud not be compelled to hold tbe same thing in reference to the manufacture and sale of such liquor. Moreover, it a sale of Intoxicating li quors is not unlawful, unless made for an unlawful use, then a keeping in possession of contraband liquor^ for sale for a lawful use is not uniawf >1. This would make a paradise for blind tigers; 1 should say, rather, there would be no blind tigers since every body could sell and keep for sale in toxicating liquors openly and. with impunity. "The construction we contend for is not only the natural and grammatical construction of the language used, but is consistent with the scheme of the dispensary act, whereas, the other construction is the unnatural, ungram matical and destructive of the design and operation of tbe dispensary law. The question is one of construction merely. It Is simply our duty to declare tbe law. We have nothing do with its wisdom or severity. The harshness of its operation, real or sup posed, should not la the least swerve as from our plain duly. . Thera • error lathe charge of the jedge plained of aad the judgment of the air* salt apart shea Id be paa who »a|* aa wim miiltoe dm tors who will restore hie hit tight Tha mudsills meet aot he dieboaureO, for they are the only class who are fulfilling destiny, for tbe Lutd •aid Vo tbe mao, *' by tbe sweat of thy face sbali thou eat bread.” Yes, 1 am a mudsill right now, and if It u n curse it brings a blessing with it. I work hard at manual labor and get all over ia a sweat of perspiration, ss Cube •ays, and I feel proud of my day’s work, and Mrs. Arp gets off her ma tronly dignity and walks out to see what I have done and condescends a few remarks of approbation. That satisfies me till next morning, when I work some more before breakfast— work . makes me forget to brood over little troubles and It gives me a good appetite and my food digests and 1 sleep better and snore less and don’t cry out with the nightmare. It is a blessed privilege to be a mudsill, a horny-handed son of toil, for it secures good health and brings a man nearer to his Creator, for he was made out oi dirt and unto dirt he must return. Adam'worked in a garden and so do I. Eve stepped around and smiled on Adam while be toiled and so does Mrs. Arp smile on me. So let the tariff roll on. It won’t affect whi^ I raise in my garden, I reckon. Bill Art. 4 to tome gtstotets ■a Sams as yea. to »seats ppks etw peeppttol •wry been sard tog the gsssrto twaaeas mready asmgeeJ ee4 ee asaepM ef anal weashet isSe*y. la the trash term S wSrvsto Stoeeaatpa tel ae early eae. Uto-e be* tag been as set ff\MA frees siaee January. Fruit gene rally kmfcs protoWieg as-1 oept that it to greatly feared that | punches were material y damaged by the frost aed fro* ss of March 28th as far eastward as Oraagsburg aad Cuile- toa counties. Ae le usually the oaee.the frost was more sevure ia vome places than in others, la York, Soartanburg and Greenville counties ills tbe un qualified opinion of all correspondents mat peaches were about all killed. Elsewhere, tbe extent of Injury U ns yet uncertain. Fruit, ether than poaches and plums, is apparently safe. Tbe following extract from the Na tional Bulletin for the month of March summarizes the extent of planting for the two principal Crops of the South "Some corn has been planted as far north as Tennessee, and the southern portions of Mhsouri and Kansas, plant ing in Texas and Louisiana being about completed, and in Alabama, Mi-sissip pi and Texas the early planting* is up. " Cotton planting in Texas has pro gressed favorably, and some has been planted in South Carolina, but in other States of the cotton belt practically no planting has been done up to the close of the month." .I tf.W.BAtJ?R* Director ml »4to ^■tffanA I mg at aad dag. toMem > AMI log bbey Aa . toe I v rev am ag aad From ywe T tare, am ■ tlit la lAeagkl •f year |toruste lAeeedare. to be >ti Is sbarv —A bill was introduced in tbe Ken tucky House of .Representatives mak ing it a high crime and lulsdemeaDor to lalerrupl public speakers by throw i*f •ffff* o' otber missiles, or a felony if |r.. ,ry to does Vo tbs spanker. —Tbe Ismhfrmm of See Franc toco. Obi. are jfls u-yisg to organ.s« a toe I " ft as erw* lAat Ike lAffi Ijafcnadfldtffe saff arias seeds el 'Mat . tbses sirlrbee peaato. aad T Mva mm- J«mr a sa noted lb sea facie la |Ae hue sat like belief that toe lag taint I ve Wnaah ef Iron, toa government * 111 promptly rsis- toe) loros toe work of I bo looal aetoariUm •ere aotyear father, oaoe respect M f tbe ttotes named able, now broken down, aad iaaeatieg | •• William McKimuy. ike David for Absalom, "oh, my sor. | " Eiecutivs Maastua. April 7, 19V7. a would to God that 1 bad died for Tbe Hresldem's meesag. sr,. u -. *.: lbe« Wbo bne oamed ibis seene of, 1B both houses, was promptly acted mouraiag ? Must l say.jpillty young , nj eaUoe beer yoor reeeg iy esa.sg to be aTlowed •oUtoda; year mother. aai, " weeping for bar ehili aad would aot be com farted, far ladle gtrto are MmaUf mar aad MtMVAlrti cm' ^ /E'trvT.* Whs I —A eaH >Af hi •f •< t, 94 toM a —President McKinley is Mid to have helped out a young friend who was courting ngirl be knew by telling him to tell tee young lady that if she would like a European bridal trip be would appoint tbe young map toa consulate as a wedding present. This fixed .toe business, for toe Hrrstdeat b heaa antHsfi that the wadding will take pines la Jaae. This is a cU ease of krthery. hat every to leg to fair la towa aad war —A ba>l wlff be ftveo Ig toe Baai •as ef Grog • lea ta toe groat bmu hf tool years age 4.508.1 amadl "As «§ Hi mmi r*m m %*■ ( to ed Must | man, " thou art tbe man Bad and awful as all thee# thoughts and reminiscences mnv be, they are as nothing to that which Is before vou! Death, a shameful death, in n few days, must be met nod suffered. Oh ! young man, do not die forever. God is before you as he ever has been willing to be gracious. He still E lints to the atonement offered on uvalry. He still says, " wash and be clean.” , , -*■ I have no doubt that, although a murderer like Massey, you may yet have his hope of pardon and peace. I have heard with great pleasure, that you have, as you believe, experienced already that hope. " Be not deceived,! Wrestle contin unity, like good old Jacob with the angql of the convenant, and say like him, “ I will not let thee go till thou bless me.’!. May you have that blessing 1 May God pass you through the dark valley of tbe shadow of death and enable you to say, “I will.fear no ill,, for thy rod and thy staff doth support me,” ' Tbe sentence of the law is that you be token btnee to the jail of Union district; that you there be safely aad securely ooafiaed till Friday, the .13th February next, oa which Jay, i tha hoars of 10 ia the faro- 4 2 is toa aftoraoaa. yoe will m by toa sheriff ef L’etoa fito- kamffai hpto* Maff^ffO -Tho 1 eg Senator Joaee, of Arkaaeae, offered a joint resolution appropriating 9150,- 000 for supplies to the Mississippi river sufferers and it was Immediately taken up by the Senate. Congressman Calc hinge, of Missis sippi, offered a resolution appropriat ing 9200,000 for the relief of the flood sufferers. The Senate passed the Jones resolu- lion und the House the JOntchinrs re solution. This would have left an awkward situation, but the Senate yielded precedence to tbe Bouse and recalled its resolution, and then prom- p'.ly passed the House resolution, which now goes to the Hresident. It appropriates 9200,000. \ The Hresident signed the resolution for the relief of the flood sufferers at 1:55 p. m. V- —A few 3 seat pto mill leas «(tones are a9ll Three million Sweat aiefc so*tiered over toe Called to very rarely that one to I —"Thera to ao y me, a have as i day of betwee tries le —A teacher, after telling the class about Jonah and the whale, happen ed to ask, " Suppose a big storm arose at sea, and it looked as though you were going to be drowned,..what would you do?” "I would throw n man over board for tbe whale to swallow.” was the reply. —Wood-pulp paper to made very rapidly in these days. A standing true is cat down, sawed late blocks, f lain the pulp mill, aad sekmiUed letee, bat tt for roe to iy troubles as you." "I allow you do, mister," admitted Dis mal Dawson; " bat the dif&eulty with me to that I ain’t got nothing else." —An exchange tells of the pltifml tee of two young mea, oae of whom ‘ has married a girl who can cook, aad thinks she can play the piano,” whlla the other " has married a girl whooaa play the piano, and thinks she can cook.” " Step right in, ladles and gentle men !” cried the showman. " Step right in, and see tbe educated pig add and subtract!” , “ Pshaw !” interrupt ed Farmer Backlbto. " My old hog at home has got way over to square root.” Tha eye of a little Want miss was attracted by the sp dew at early' morning. " Mamma," she exclaimed, “ it’s hotter’n I thought it was.” " What do you mean ?” “Look here, tbe grass la all oovfrad with per spiration. 1 The state of Maine fives official employment to a photographer who devotee hto time to i views of the sporting regions of aad dtotrihaUag t ef toa Ua la its' iMHI whUa toatrfor toahe to! EHxsi ateftoal »• *. r