Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

W' 7 Standard. VOL. XXXI. VVALTERBORO, S. NOVEMBER 4. iqoS- NO. ix. ARGUMENT OF . * - HON. J. S. GRIFFIN. n MADE BEFORE THE SUPREME COURT IN THE CASE OF MOORE VS. GRIFFIN The conte*tant in making some desperate efforts: “A great ado" as Shakespeare puts it, "about aothing.’’ He seems to have no settled purpose whatever, and is oscillating from one point to another. He is raising new points all along the line orthodox or not, it makes no difference to him. Before the County Executive Committee he j raised the following question, to wit:—"That deponent is informed l and believes that l>efore the second primary had on Sept. 8lh the said J 0 Grilhn aforesaid failed toi ile his pledge subsequent to the the case in to the courts, but not where there is no fraud like the case at bar. The respondent in this case has complied strictly with every part and parcel of the Statte. He has actually filed more affidavits than the Statute requires. As I construe this Statute, contee- tee has complied every scintilla thereof, and nrthing whatever has been left undone. At the close of the campaign and before the pri mary election he is required to make and file an affidavit with the clerk of the court that he will not use money nor whiskey for the purpose of obtaining or influencing votes which this respondent did. "And I further pledge, that I will immed iately after the primary eletcion or elections* that l am a candidate in, render an itemized statement, under oath, showing all further moneys spent or provided by me in said elec tion." This the respondent did after the first and second firet primary and prior to thewcond ea( , h whM h „ he |ecl(?d t0 jmmary, that he would not upend affidav jt un j erStatute money or use .ntoxicatmg liquom, j ^ ^ ^ for the purpose of obtaining or in fluencing votes at provided for in the Acts of the General Assembly approved March 6th, 1905. That affidavit of Jqhn M Ackerman is hereto annexed. You will observe that contestant ; coclusion of the campaign and be fore the primary election" on Aug. 22nd. The second affidavit was made and filed the day after the first primary on Aug. 26th. 1908. Now comes J E Moore, the con- ®nly put in issue the Acts of the * ^ esa ^ n ^’ w * t | 1 Falsity that con- General Assembly of 1905 before the | *1 F) Griffin, immediately after County Executive Committee. ” Is he bound by this question, or is he permitted to raise different questions all along the lines. Under the de cisions of our courts there is no question. The contestant is now absoultely out of court. The ques tion raised before the County Execu tive Committee has been abandoned and new questions raised and not passed upon by the County Execu tive Committee and his Hon Judge C A Woods; neither has the new fAiestions raised before the latter tribunals been passed upon by the county Executive Committee. Behold such mixtures. When the contestant reaches the Stats Executive Committee the point raised is his expense account alone, and when he reaches hhrtlon. Judge Woods he again refers to the expense account and also rules 12 and 9 of the Democratic party. Now this new point as to the rules U plead for the first time in the whole procedure. If they are permitted to raise pew questions promiscuously we are anxious to show fraud in the use of whiskey and money by contestant and his party. We can have his last vote thrown out. The question of raising a new point not raised before the lower court is so well settled and so familiar I will cite no author ities thereon. In case of the State Ex Rel John E Donaldson vs Meekin Towsend in 1 McM 496 this court said. "The holding of the election by only one Manager was a mere irregularity of which the managers were proper judges and their decisions is con clusive. Such irregular poll would have been for the consideration of the managers, not for this court. The constitution of the Demo cratic partv Art. 6 reads as follows to wit:—All contests shall first be heard by the County Executive Com mittee in which it occured and may be reviewed by the State Executive Committee whose action shall be final. We contend if your Hons, please that the State convention when passing this constitution intended to prevent this court from assuming jurisdiction. What language can make it plainer? Which decision shall be final. The State convention and the county and State Executive Committees demand our best thought,- and our highest considera tion. These tribunals should be kept seperate and distinct, and not he permitted to clash. Some of the brightest legal talent in the state are members of the State Executive Committee. No fraud has been charged against cont stee, and in its absence the decision of the State Executive Committee shonld surely by final as provided in the conatitu- tiou. Where fraud is charged it to taka the first primary and before the second primary has not filed his ex pense account. B« hold such falla cious, contrniptible and dirty statements arrl it -;.v )rn to. First affidavit as before oiatcd was filed Aug. 22nd. Second ' was made and filed Aug. 26th. Third was made and filed Sept. 9th Fourth was made and filed Sept. 10th, before the votes were counted. How can we tolerate such dastard statements. There has absolutely been no viola tion of the Statute of 1906, by the respondent in this action, yet pre- tensive gentlemen .are making affida vit,s to the contrary, notwithstand ing. In Colleton. I understahd that only one other candidate filed the greatly desired affidavit, not because he thought it necessary, but out of abundant precaution. We are told that rule 9 provided that the same rules shall apply to. the second primary that did to the first This could not possibly reach the case at bar, ior nothing is said whatever about pledges and applies alone to the rules. One is a rule of action and government, and the other is an affidavit or pledge of an individual for the performance of an obliga tion. Seperate and distinct. In the case of the State Ex. Rel. Birch more vs State Board of Can vassers. 78 S. C. 433 there were illegal votes cast by parties, who did not have registration oertifi- cicates and in which case this court said." The finding of the County Board, which was not reversed by the State Board, was to the effect, that even if these votes were declar ed illegal, neverthe^sa the result would not have bean changed‘or even made doubtful. The universal weight of authority is to the effect that where the result of an election is not made doubtful nor changed, that irregularities and illegalities in the absence of fraud will not cause the expressed will of voters to be set aside unless the constitution is violated, or it is specificially provid ed by legislative enactment .that such irregularity or illegality shall in validate the election." hi case at bar the constitution nor the Act of 1905 has been violated, in any way whatever. In case of Wilson vs Con reported in 73 S. C. 398 the only objection raised by petitioner was that the Supervisor appointed the managers of election in which case this court said." The election was not con ducted according to law, but was conducted by officer* de facto, in good faith and the election was in all rerspects fair. The electitn was valid because fairly conducted by de facto officers. In case at bar tha election was fair on part of contea- tee and the contestant got bast and that is all in the case. In, tha case of wright va tha hoard «- n&a DISPENSARY CLOSED, BY PETITION OF NEARLY ALL THE CITIZENS THE DISPENSARY AT JACKSONBORO WILL BE CLOSED, JANUARY I: To-day at 11 o’clock the following gentlemen: Messes W. E. Haskell, Jr., Jas. M. Lawton, G. E. Bissell, Sam’l G. Fitzsimons, M. W. Brown, and Herman Bishoff. presented a petition to the county dispensary board, asking that the dispensary at Jacksonboro be closed. The petition which this board set forth, is that the Dispensary at Jacksonboro is patronized mostly by negro laborers from the adjoining plantations and phosphate mines, who become drunk, threatening the lives of citizens, causing terror and apprehension as to personal safety of persons traveling the roads. That it cau-es a great loss in point of labor, and that the police protec tion at Jacksonboro is not sufficient to handle the situation. This petition was signed by' prac tically eveVy citizen of the communi ty and of adjoining communities. After hearing the petition and the presentation made by the gentlemen, the county Itoard decided to close the Dispensary after January 1st. Whether or rot it remains perma nently close<] will depend on results. C. W\ Butler, Dispenser at Jack- sonhor -^was a'so present and op posed the closing of the Dispensary, hut the board decided that the ma jority the ••itizens of the comma* nity desire it closed: hence their de cision. » PROPOSED LAW. MON. D. C. SANDERS NAS FORMULATED A ROAD LAW AND ASKS DISCUS SION. ME FAVORS $4.00 COMMUTATION TAX. S74 parties were permitted to vote who were registered and were not required £o produce their registra tion certificates and proof of pay ment of taxes in which case this court said. "There being no charge of fraud and it not appearing that thiadrregularity effected the result or made it doubtful of difiicult to determine. 1 do not think the poll should be rejected, for which the voters are in no way responsible. The court would be retoctaat to deprive legal voters of their votes for which they are in no way re sponsible. The great object of the elections is to obtain the will of the people, and when that is expressed in a free and fair election, the court will not defeat it on account of irregularities or even illegalities, which do not ap pear to have effected the result." If the affidavit waa required as alleged how could It have effected the results. If the affidavit filed by the contestee does not substantially comply with the ^t of 1906 in all its provisions, then I surely know noth ing of what I’m talking. Examine the Act and the pledges and the necessary result will follow. When the county chairman advised contestee and others that it was not pecessary to file the alleged affidavit, which advise no doubt was given to contestant, how can he or a*y man say the election was not fair* In ease of Ex Rel Fox vs Harman in Cheves reports 269 this court says; "Where then after legal notice to the voters, the polls have been fairly hoklen for the time designated and one of the candidates have received a greater number of votes than the rest, he is the proper appointee, and the end of the election answered. We are not to be deterred by mere objections and mere irregularities of manner or form, both the Act of 1816 and 1839 make the validity of the election depend in the first in stance on the decision of the mana gers themselves." In case of the State vs Cockeral in Rich reports Vol. 2-8 the court says. I taka it to be dear that the validity of an election must first be decided ter the* managers, and their decisions on questions t of fact must be final. A PAINFlir ACCIDENT. Sunday afternoon J.'D. Hudson’s little son. Edd\e, seven years old, while playing on a ptia of lumber, flail off and broke his left thigh •hove tha knee. Dr W. A. Had* eenatt the limb and the little fal* Adams Run, Oct. 31; Special:—I have read with keenest interest the many commnicmti ons that have ap peared in the last several months upon the much vexed question the “Road Law". I ha%*e also made every effort to gather information from every section of the county, as to what the people want. But I find that they are so wi de apart, that no law that could be passed h/ the coming Legislature, would he satisfactory to all section'?. The ' only thing that can be done, is to •draw a middle line. But one fact ! ha> In'cn established to my mind, and 1 that is that the people everywhere an 1 clamoring for better roads. I think I voice the sentiments of the entire community when I say, j that it will be our best endeavor to I work for the best interest of the whole county, and if possible give to every section what the people want, and we are anxious that every sec tion assist us in a settlement of this much mooted question. I have formulated a "Bill" and hereby submit the outline embracing the most important points, and respectfully ask that every section finding it unsatisfactory, call a meeting of the citizens, discuss the matter thoroughly, and write me fully (or publish in The Press and Standard) pointing out the objec tionable points, also giving the num ber of citizens taking part in the meeting. Eight days labor or a commuta tion tax of $4.00 paid to the count> treasurer at given times, and a levy of two mills tax on all taxable prop erty. All taxes collected for road purposes to be expended in the sec tion or towship from which it was collected, except a sufficient amount to be expended on bridges and to keep up all public crossings and fer ries. over the large streams of the county, each section to contribute its share for this purpose. The treasurer be requested to make out and publish a full state ment of all taxes so collected, and credited to each section or township, and it shall be the duty of the super visor to publish and itemised state ment showing amounts paid out in each section or township, also amounts expended on public bridges, crossing, ferries etc. It is quite evident that the one mill tax, as now levied is insufficient, nor is it commensurate. Those own ing property are very much more benefited by good roads than are those who do not own property: hence the necessity of this addition al tax. Yours very respectfully, D. C. Sanders. QUARTERLY CONFERENCE HELD. BETHEL METHODIST CHURCH IN GOOD CONDITION STEWARDS ELECTEDO. ELOQUENT SERMONS. I. _____ The fourth and last quarterly Conference of Bethel Methodist Church here was held at the church after moring service Sunday. The conference showed the church to be in splendid condition. Nearly all the claims against the church have been paid and what have not been paid will be met in the next two weeks. The following board of stewards were elected: Dr. H. W. Black, Col. J. G. Padgett, A. J. Ijemacks, Jas. E. Peurifoy, A. K. Beach. C. M. Grace, G. C. Brown, J. H. Peurifoy, W. W. Smoak, Jr., E. P. Knight, C. T. Cummings, E. M. Jones. C. A. Eckardt. • Recoring Steward, A. J. Lemacks, District Steward, A. J. Lemacks. Supt. of Sunday School, C. M. Grace, second Supt. Sunday School, Jax. E. Peurifoy. Rev. W. I. Herbert. Presiding Elder, was present and delivered two very able sermoms morning and evening. Mr. Herbert is' an elo quent preacher and gives a forceful sermon. The congregations both morning and evening were very good. Rev. Herbert also addressed the Sunday School in the afternoon. This year concludes Rev. J. L. Daniels third as pastor of this church during which pastorate he has made many warm friends personally and done good work for the church. TREASURER JONES ON HIS ROUNDS. Monday Treasurer Jones began his rounds to collect taxes The total levy of taxes this.year is 13 1-2 mills besides the poll tax of $1.00, the commutation road tax of $2.00 and the dog tax of $.50. Mr. Jones’appointments this week are as follows: Monday Bells, Tues day Ashton, Wednesday Folks Store, Thursday Berea, Friday Smoak*, Saturday Lodge. The next week—Monday Williams, Tuesday Rice Patch, Wednesday Sniders, Thursday Petits, Friday Hendersonville. COL. HILL IN TOWN. Col. J. W. Hill orCottageville. was in town Monday. Col. Hill is one of Cottageville’s staunchest citizens and businew men. He be lieves the farmers of the county should be united and to this 'end would favor the organization of a Farmers' Union. Col Hill is also an ardent prohibitionest and is in favor of abolishing the county dispensary. Mr. and Mrs. D. J. Chaplin moved to their plantation to-day. Hon. G. W. Way spent today in town. BowsD Black, who has been with his fatiitr for a week, will return to bis h—t hi Branckvriie to-day. A COACHING PARTY. Tuesday morning a party of yhung folks, the guests of Albert H. Wich- man, went on a coaching party down to Slattery’s plantation. They were driven by Mr. Wichman why hand led his pair of greys in a skillful man ner. Those in the party were, Misses Miriam Rowland, Annie Savage, Jen nie McTeer; Mewers. E. T. H. Shaff er, I. M. Fiahburne and A. H. Wich- 0 « ^ man, • % THE BOSTON LADIES QUARTETTE. The next Lyceum Attraction will be the Boston Ladies Quartette, which will appear at the Court House Friday night of this week. This quartette is composed of, Miss Mabel E. Bradfird—First spprano and accompanist. „ Mi« Margret Langtry—Second soprano and violinist. Miss Alzaleen Sampson—First alto and manager. Mias Elizabeth I Gross—Second alto and reader. Of these Mim Sampson has been to Walterboro before, receiving a generous amount of applause. The musical attractions always appeal to Walterboro audiences, and it is expected that a good audience will be present Friday evening. N. BLACK’S CONDITION. We ate glad to report that Dr. Black seems to be gaining strength, and that there is hope now for his recovery, although it will be slow, and it will be some time before he can attend to any business. TAFT ISjLfCTED. The election returns in this morn ing’s papers indicate that Taft ha» been ejected president of The United States by a large majority. The expected Bryan land slide failed fie materialize. Hughes has been elected Governor of New York by seventy-six-thoo- sand majority. Speaker Cannon wan re-elected by a large majority. SALES DAY. Monday was a quiet sales-day. There was a good crowd in town, a good-natured crowd, each one of whom met every one pleasantly. A flbw horse trades were made and Mr Ayer sold a number or his horses and mules. . ^ •< The Master’s sale of 20 80*68 on Toogoodoo Creek was purchased by Mrs M. A. Sanders for $313.57, which price was conside for this place. LANGDALERISHER. Married at the home of the bride, H. B. Langdale, Sunday afternoon at 4 o’clock, by Rev E. D. Craven. Miss Ada Langdale *and Mr. Julius Rifcher. The attendants were:4lifs Dora Utaey with L. G. Yariey, Mia Eulah Hickman with Ira M. Lang* dale, Mbs Kate Langdale with Willie Kinard, Mia Lula Langdale with Ira Risher. E. O’Quin and J. CL Polk, Jr. af ItlfH^ were pleasant visitors to o«r oOea today. BAPTIST SUNDAY SCHOOL CONVENTION TO MEET. The Thirty-Third Session of the Convention will be held with the Great Swamp Church, and Sunday School, on Friday before the third Sunday in November 190S. Introductory Sermon at 12 o’clock Friday morning, by Rev. S. W. Ackerman. Organization, 1 o’clock. Miscellaneous Business. The following subjects will be dis cussed by the Speakers named, and then be open for gereral discussion. (1) Teachers Hour. Short talks by Teachers—As to how they prepare the lessons and their plan of recita tion by the classes. (2) The Model Teacher. This plan of preparation, and method of recitation. Speaker, W. C. Brant (3) The Essentials For a Working Sunday SchoeL Speaker, Rev. J. R. Smith. (4) The Sunday School As An Auxiliary To The Church. Speaker S. B. Saunders. (6) Singing In The Sunday-School Special Need; The Best Plan For It* Success and Development. Speaker, M. R. Stone. Miscellaneous Business. (fl) An Hour With The Primary Department. How Should Ttia Little Folks Be Beat Taught Tha Lessons. (Appointment of speaker^ or speakers to be left wi& tha President of the Convention). Missionary Sermon by Rett. F. O. S. Curtis, at 11 o’clock. The special order in arrangement of the sessions can not he stated oh account of want of information regard to the length of the this matter left to the Convent J. B. Dodd. Pres. H. J. Givens, Sac. NON G. W. WAY ASKS FBI VIEWS. .ML Carmel, Nov. 2: Spedalr*- It has been qcite a while since writ ing anything for your valuabte paper. 1 shall try to do ao now, bqt shall be very brief. I would ndt write now, if it were not for very timely and suggestive tatters of P. K. Crosby and D. H. Towle* the road law. I hope that thad* pieces may induce others to write on that or any subject that th^r think will be of importance to tite county. There is much that? tea need to know on these subjects. 3* I write up, gentlemen, and give qs your views on what you think la needed now. My whole desire is to serve tha people of Colleton well, and to that end, ask the people to cooperate with us, and help us accomplish tha desired end. 1 am impreoed mote and more with the great responte- bility that rata upon me in the dis charge of this most important duty. But I shall never forget to ask God to direct me in the performance of these duties. I shall always stand for what I believe to be for the beat interest of the county and State. G. W. Waf. AN APPROACHING'WEDDING. The following invitation to tha marriage of a popular young couple has been received in town: Mr. and Mrs. Jama Bond Rizer requat tne honor of your present at the marriage of their daughter Clara Elizabeth, * to ‘ Mr. Merrick Cara Fishburae,' on Wednoday morning, Naveahflr the eighteenth, . at nine ©’dock, Leesvflle, Smith Carolina.. Rev. J. 8. M. Fteeh, Mr. ttatifi and J. R. Fox af Adams Run wqpa hi ‘ if if] r »j f ,y f ■ Xitel r , > Sv %;, ; . .. ^ >v 111