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tmtdari VOL. XXXI. MOORE VS. GRIFFIN. POINTS AND AUTHORITIES OF PADGETT k LEMACKS. We have received many requests to publish the argument made by Col. Jas- G. Padgett before the Su preme Court in Columbia Friday, October 16. The argument follows. This, of course, is not the full ar gument made by Colonel Padgett, but the basis of his able and exhaus tive address: J. 0. Griffin complied with the statutory enactment and the rules of the Democratic party in this: That he filed his statement under oath at the "conclusion” of the campaign, and before the first pri mary. to wit: 22nd August, 1908, and the Statute and rules provide that after the election or elections he should file a further statement of his expense account, which he did on the 9th of September, 1908. This we contend would have been a suffi cient compliance with the law and rules, but he did not stop there, he filed another statement on £he 16th of August, 1908, between the first and second primaries. There is no time fixed in the Statutes when these statements should be filed before the elections, and we take it any time up to the opening of the polls would be a com pliance with the law and rules of the party, therefore, if this be true, Mr Griffin filed his statement before the second primary as well as after the first primary. Our contention is this: That it is not necessary to file such statement between the first and second primaries, but Mr Griffin has done so, and has done even more than the law has enjoined upon him. It cannot be contended that rule 9 wh,m it says that when a second primary is necessary, shall be gov erned by the same rules which govern the first primary, means that there is a campaign between the firat and second primaries, and that at the conclusion of the same an expense account under oath must be filed at the conclusion of such campaign before the second primary, because as will be seen by reference to the Act of the Legislature and rale 12* which embraces a part of said Act, that the word campaign in the singular is used, and distinctly states "At the conclusion of the campaign and before the election,” meaning of course, the first primary, the statement must be filed with the clerk of the court. What is the object of the Act of the Legislature? Was it not intend ed by the Act of the ^Legislature to provide for the contingency that if a candidate for office did not list on his expense account all of his ex penditures, that it wou'd subject him to an indictment for perjury? Now was not the object of this Act completely carried out by Mr Griffin When he filed his expense ac count under oath before the first S rimary election, and then after the rst primary election and imme diately after the second primary election? Was not the purpose of the Act in this respect fulfilled? Taking the expenses before the first primary and adding it to the ex penses after the second primary, both of which being itemized, wouldn’t it correspond in items and amount as much so as if any inter mediate statement had been filed? »■ The word rules embodied in rule 9 of the rules of the Democratic party refer to the machinery and vehicles by which the election is to be conducted, namely: The opening of the polls, closing of the same, registration of the voiers on the poll list, certifying the poll list up to the clerk of the court as provided by l&w* etc. 0 • We wish to call the court’s atten tion to this fact: That there is no complaint on the part of the con testant that the contestee failed and neglected to file the pledge set forth in rule 12 of the rules of the Demo cratic party. Now this is aU that the rules in regard to the matter in controversy require, to wit: "All candidates must subscribe to the following pledge.” etc, etc * hence it will be seen that it is the pledge reiftiired by rule 12 that the contes tee may have failed to file with the clerk of ^he court, but that there is no contest that the contestee failed to file such pledge. Can it be contended that rule 9 of the rules of the Democratic party; when it says: "A second primary, when necessary, shall be held two weeks after the first as provided for under the Constitution of the party, and shidl be subject to the rules governing the first primary,” means that the pledge set out in nile 12 shall be filed with the clerk of the court, and to give the construction placed upon rule 9 as contended for by the contestant’s attorneys, would it not mean just this very thing? So much of the Act of 1906 as pro vides: “That a failure to comply with this provision shall render such •election ipdl and void, in so far ss V. ALTERBORO. S. C, OCTOBER 28. iqoS. NO. il| ) the condidate who fails to file the j statement herein required, but shall not effect the validity of the election of any candidate complying with this section,” must refer to the fail- | ure to file the pledge as required by 1 Section 1 of the said Act. The Act J is silent as to what is meant by the word statement contained in the i proviso, and it is likewise not stated which of the statements is required I to be filed, the failure to file which would render the election null and void? It occurs to us that when the whole Act is construed together, the w*-rd statement embraced in the first proviso refers to the pledge as said above. There is absolutely nothing mandatory in the Act re quiring a candidate’s expense ac count to be filed with the clerk of the court otherwise than what is contained in the pledge, and the only remedy provided by the Act for the violation of such pledge is the pun ishment as for a misdemeanor in the dis ret on of the court as provided j by Section 3 of the Act. Then fur ther, if as contended by the contes tant, the rules governing the first primary shall govern the second primary, to comply with said rule would render it absolutely impossi ble on the part of the contestee for I this reason: That the Act and rule requite that a pletlge as set out in Section 2 of the Act shall be filed by the candidate before he enters upon his campaign. To be more precise, rule 8 in the proviso says: “That the pledge of such candidate shall 1 be filed on or before 12 o’clock, Meridian, of the day preceding the day fixed by the County Executive Committee or the State Executive j Committee for the first campaign meeting of the County or State re spectively.” Now the . campaign meetings had a 1 been concluded and the tirtl£ expired for tiling suen pledges before he time fixed for holding the seeonu pi unary, there fore the great and important ques tion required by the law and the Rules is the tiling of the pledge, and the statements embraced in such pledge required to bo filed with the Clerk o/ the Court are only ancillary to the filing of the pledge, and is of course a part of the pledge, there being no other obligation on the part of the candidate to file the statements. Now in this respect could the contestee herein have complied with the rules governing the first primary election? Again, the promise exacted by the pledge is to file the statements first at the conclusion of the campaign and before the primary election, and as has been said before, could he file the pledge before entermfrupon his campaign before the second pri mary and at the same time file it at the conclusion of the campaign and before the primary and have it all refer to the second primary as con tended for by the contestant? To support our contention that Rule 9 refers to the machinerv and vehicles provided for the conduct of the primary elections as said above, section 9 ot the rules adopted in 1908 are identical with the Rules adopted in 1902 and 1904, at wnich time the Act^of 1905 was not in existence and did not control the election laws of the State, therefore it conclusively follows that section 12 of the Rules of 1908 can have absolutely no ap plication to the case at bar. In the case of,Ti immier-V-Bomar, 20 S. C, 361, this language is used by the Cou. t: "In elections the great matter is the result, when this is clearly as- cesrtained it sweeps away all technicalities, certainly manner and form should not be allowed to de feat the undoubted will of the people clearly expressed. This would be indeed subordinating and sacrificing the substance to the shadow.” In this case the Act of the Legis lature providing for the election had not been complied with in several particulars, but there was no allega tion of unfairness or fraud, and hence the Court held that while there were irregularities and ille galities they were simply matters j of from and did not, and could not, effect the result of the election. "Unless the result of an election is changed or rendered doubtful it will not be set aside on account of mere irregularities or illegalities.” Wright vs State Board of Canvas sers. 76 S. C. 574. Birchrpan vs | Same 78 S C 461. i Again, section 2 of the Act of : 1905 is unconstitiqnal for this reason: That it is nbt expressed in the title of the Act, and therefore comes within the inhibition provided in the Constitution, Article III, Section 17. The Act it will be seen refers to offences against primary elections, i and at the same tune requires cer tain things to be done by candidates before the primary election. Now it v -fe a rule of law in the construc tion of Statutes that where a part of the Statute is unconstitutional, the Courts will so declare, and leave the remaining part clearly of force. Now take the remaining portion of the Act in connection with the title to the Aetandieit not dear that this was all intended ** the Legis lature to be incorporated ia the Act? BROWN FURNITURE & HARDWARE COMPANY. JAMES S. CLOVER DEAD. INTERESTING LETTER. DRIEF HISTORY OF THE GROWTH OF THEIR FURNITURE BUSINESS. May 1, 1903 G. C. Brown and W. E. Jones as partners, doing busi ness under the name of BROWN FURNITURE COMPANY, opened their doors of the Wichtnan old stand, which was leased by them for the purpose of conducting a general furniture business. This company did a large business from the begin ning. In 1904. one year after its doors first opened, Mr. Brown pur chased Mr. Jonse’ interest. This business increased so rapidly that during the year of 1905 the company began purchasing all furniture in car-load lots, thus securing much lower prices. In 1907 the firm name was changed to BROWN FURNITURE & HARD WARE COMPANY, and a full line of hardware added. In October 1907 Mr. Brown’s father, Mr. J. C. Brown, came from Dallas, Texas, and purchased an interest in the Hardware Department. Only a few months ago a branch store was opened in Beaufort, under the name MORRALL-BROWN FURNITURE CO., of which Mr. A. S. Morrall is manager. The motto of this company has been, "We can furnish your home from the kitchen to the larlor”, and so well has the company fulfill ed this motto that practically all competition h us been driven out, and in every >e m ior, of this and adjoining counties the na ne of this concern is well and favorably known. This business has grown by leaps and bounds aid t'.e ma 1-order-business in thi* county has practically ceased, -•xcopt such orders as come to BROWN FURITURE & HARD WARE CO., Another of their mot toes has been "A city store in the country” where can be purchase cheaper and better goods than can be found in city stores. They carry a full line of all kinds of Mattings, Shade*. Rugs, Art Squares, Lino leum. Furniture of all kinds in suites or single pieces, and in the Hard ware Department all kinds of hard ware and farming implements. Mr. G. C. Brown the manager of this cencem is a young man only tw’enty-nine years of age. and for ter years has been in the furniture business, five years of which were spent in Charleston as manager of THE SOUTHERN FURNITURE COMPANY and as a member of the firm. Lanneau-Brown Furniture Co. Mr. Brown has won the confi dence and esteem of everyone with whom he has done business. He has purchased the building which he formerly leased, and in addition owms a beautiful home on Hampton Street. Mr. L. N. Glover has been connect ed with this company since 19b4. having charge of the repairing and collecting departments, Mr. Glover is capable, courteous and obliging, and has the confidence of those with whom he comes in contact. Messes P. W. Leach and H. W. DuBois, have been connected with The Furniture Company since its organization as travelling sales men. Their territory covering this and adjoining counties. Mr. J. C. Brown is in charge of THE HARDW \RK DEPARTMENT, having removed with family to this j town from Dallas, Texas about a , year ago. Associated with him in thissideis Mr. J. H. Roger who by his industry and energy is making friends for himself. A write-up of this concern would not he complete without mentioning the name of Tom Jerkins, the col I ored driver, who is unfailingly polit* and accommodating. FKUNI V,tw OF BMWM FURNITURE AID HARDWARE CO'S STORES. As to whether, when the person receiving the highest number of votes is ineligible, the person receiv ing the next highest number of votes is thereby elected: in England it is held that the second righest is elected only w'hen it is affirmatively shown that the voters for candidate highest in votes had such actual knowledge of his ineligibility that they must be taken to have thrown awav their vn^es wilfullv: L R 3; Q B 629: so in 50 N Y 451. But in other cases this distinction has not been regarded, and it has been held that the election is void: 13 Cal. 145; 56 Pa. 270; 17 Miss 256; .3* Me. 597; 53 Mo. 97; 23 Mich. 341. The better opinion is stated bv Conley (Const. Lim.) and Dillon <\Iun. Corp.) to be in accordance with thD view. This rule was follov e I in Rhode Island in the Presidential election of 1K76: 16 Am L Reg. 15. with a note by Judge Mitchell. It was there also held that the ineligibility at the4ime of the election cannot be removed by a subsequent resignation of the office ; which constituted the inelligibility. SEN. GaiENN’S ABLE EIGHT. Hon. J. S. Griffin was interested in the campaign of his brother, being one of his hardest workers, a-d since the case has been contested has worked very hard both before the executive committees and the Supreme Court. Tne success of the case has been due largely to his able and untiring efforts. , JAS. E PEURIFOyO BUILD. Hon. Jan. E. Peurifoy is erecting ae office building next door to The Press and Standard. The plan of ; the building will be similar to that 1 of that of The Press and Standard, ; the lower story being a store. WALTERBOROS OLDEST CITIZEN PASSES AWAY. Departed this life on Sunday, Oct. 25, at his home in Walterboro, S. C. at 9.15 p m James Sinkler Glover Sr. aged 84 years 3 months and 6 days. The subject of this memorial was born in Walterboro on the 19th day of July 1824* where he resided his whole life and was at the time of his death its oldest resident, having passed more than 14 years beyond man’s alloted span of life, and his loss will be felt not only by his fami ly but by the whole community and the citizens of the old county of Col leton at large. He has had an active and useful life and until the last few years en joyed excellent health, until family afflictioFLS came suddenly upon him and bore heavily upon his system, weakened by his advanced ago, hav ing lost his beloved wife some two years ago, followed quickly by the death of a son and other family con- nectons, besides suffering much fr;m failing eye-sight and other bodily afflictions. He was a loving father and a noble and generous friend to many who will keep his niemory green in their hearts for kindness bestowed upon them. He left three daughters and five sons whose devotion to him was un bounded, who encircled his death bed. coming from all sections of the county to pay their past duty of love to their beloved father, who was truly a noble specimen of a par ent. His end was peaceful, after having passed through much suffer ing and pain previous thereto. He came-up fully to the “ThaFiatopsis" of the poet. "So live that when they summons comes to join The innumerable* caravan which moves To that mysterious realm where each shall take His chamber in the silent Halls of Death Thou go, sustained and soothed By an unfaltering trust approach thy grave Like one who wraps the drapery of his about him And lies down to pleasant dreams.” And I may add "And wakes to im mortality.” "B." An old friend of half a century. The furieral was held at Mr Glover’s late residence on Hampton street at four o’clock in the presence of a large crowd of friends of the deceased. The burial service was read by Rev. J L Daniel, pastor of the Methodist church, after which prayer was offered by Rev J F Mor rall. “Nearer My God to Thee” was then sung this being one of the last requests of the deceased. After this hymn was sung. Rev Daniel paid a brief but high tribute to Mr Glover, speaking especially of his unselfishness and his unfailing kind ness to those about him. The casket was covered with many beautiful floral tributes. The remains were interred at Live Oak Cemetery beside the grave of his wife who preceded him to this silent “City of the Dead” two years ago. The active pall bearers were: Messes W C Glover, W W Smoak, Jr. J E Peurifoy, R L Fraser; GC Brown and D L Smith. The senior pall bearers were: Messrs C G Henderson, W J Fish- burne, B G Hyrne, E B Webb, F G Behre, and G W O Rivers. COnAGEVILLE DEMOCRATS. LARGEST CONTRIBUTION TO CAMPAIGN FUND FROM COLLETON COUNTY. Cottageville, Oct. 26.—Special: That good Democrats of Cottageville have subscribed and forwarded to Hon Herman Ridder, lor the Bryan and Kern campaign fund, the sum of $.36.50 may be a news item of in MR. TOWLES DISCUSSES THE ROAD QUESTION. Editor Press and Standard;- We have read the very pungent articles of Mr Crosby in your recent issues with a great deal of interest and we beg to submit the following thoughts for Mr Crosby’s consideration* The first thing necessary for good roads is to get the wherewithal to build them. This has to be either money or labor, the old law provid ing a commutation tax of $2.00 is insufficient. Therefore, you must devise some scheme whereby we can get more money or service. We of Adams Run and Collins Townships have had the law changed to eight days labor or$2.00. This is the best we could do at the last sitting of the legislature, but this law as it stands, is not just for the reason that $2.00 is not commensurate with eight days work. The law should be eight days or $6.00. If the law is allowed to stand as it is, the majority of the people will prefer to pay the $2.00 rather than work the eight days - This amount is insufficient as has been attested by the old law, and things will revert to the position as heretofore, of a meagre amount of work, which does not keep up our roads. We welcome Mr Crosby’s articles for we take it that Mr Crosby is a progressive young man, and we are heartily with him on the point o of agitating the questions, for activity is the law of life, and it shows that there are some still left in Colleton who are not in a rnori- bund condition as to public questions. Good churches, good schools and good roads are an index of a peoples civilization, and any man who advo- cetes these ideas is a valuable cilfeeii. We congratulate Mr Crosby on his efforts in thu| direction, we would however, suggest to Mr Crosby that he first organize in this section a Good Roads Association. Each man will then become an active unit for good roads, formufcate rules and regulations to govern the associa tion, then as the questions arise discuss and agitate them. There is no difficulty in getting laws passed to suit, if you first get the people to agree on what they want. We of Adams Run and Collins townships are organized on these lines and* we venture the assertion, that we have done more and better work in these townships than we have had in ten years. We would be glad to have Mr Crosby come down and see whereof we speak. We beg to say to Mr Crosby that we endorse the spirit of his articles and will prob ably take the questions up with him a little more in detail. We commend his efforts for the upbuilding of his county. His suggestions in the mam are good, and I think with some slight amendments we can all agree and work together. D. H. Towles. Sec. Good Road and Drainage As sociation of Adams Run and Collins Townships. L. E, Hill, , 50 J. Benj. Kinsey 50 J. 0. Jaques, Jr 50 W. Mouzon Jaques 50 Asbury Addison 50 D. S. Spell 25 H. Dandridge. Jr |0 W.F. Breland So J. 0. Jaques, Sr 50 G. W. Willis 25 A. Eng. Hill 25 Kistler Aekerman 25 L. H. Willis 50 C. E. Durant 50 E. C. Reeves 50 V. J. Hill 50 S. O. Willis 50 W. N. Dandridge 50 P. K. Willis 50 H. L. WilUs 50 Total *... $36 50 ip * .V ,2 / • 4 ^ • «- br: J TAYUt’S POPULAR STORE, FRONT VIEW. ieV; A' terest to your readers, the list: Following is W. A. Kirby $.3 00 T. S. Ackerman 2 00 J. G. Reeves 100 Rev. S. D. Vaughan 100 S. G. Pirce 100 G. W. Cone 100 P. M. Jaques 1 00 C. K. Ackerman 100 L. W. Reeves 100 B. G. Willis 100 B. H. Willis 100 G. W. Ackerman 100 H. L. Ackerman 100 J. F. Addison 100 Fred R. Ackerman 100 W. A. Durant 100 W. W. Ackerman 100 T. M. Reeves...;^. T. R. Ackerman 100 E. M. Redman •V 1 00 C. W. Jaques 100 H. H. Durant 100 Col. J. W. Hill :. ioo J. C. Miller 60 Olin Metts J. A. Ackerman 60 . K ' * v * i r I, v *>\* V /‘vi * Yours truly, W. A. Kirby. FREE BULBS TO SCHOOL. Editor Press and Standard.— Please announce through your paper that Winthrop College will send bulbs of various kinds to any rural school desiring them free of cost if the schools will pay express charges. Address, Dr. James P. Kinard, Rock Hill, S. C. Every teacher in the county should send for at least a few of these bulbs, their bright flowers will add much to the beauty and order of the school room. „ An important meeting of the Teacher’s Association will be held at the Academy in Walterboro Satur day, Nov. 14th, at 12 M. The teachers of the county are urged to be present. At this meeting there will be a short aessKfn of the School Improve* ment Association. All ate cordially invited to attend. Carrie E. Weekley.. Pres. School, Imp. Amo. for CM* leton Cs. Ruffing. C. Oct. 24th, 1908. t jr b % f • i. ■ * V ’<> <■ *