The Marlboro democrat. (Bennettsville, S.C.) 1882-1908, September 01, 1905, Image 1
Marlboro'
-L
"DO TI?OU, GREAT LIBERTY, INSPIRE OUR SOULS AND MAKE OUR LIVES IN THY POSSESSION HAPPY OR OUR DEATHS GLORIOUS IN THY CAUSE."
VOL. XX^
BENNETTS VILLE, S. C., FRIDAY, SEPTEM J 5E11 1, 1905.
NO.
BIG BRIBES
Were Offered by ?Hie Whiskey
Dealers Says Mr. Mixson.
THE CHARGE DENIED.
Mr. P. fri. Mixson Say? That He Was
Offered Great Sums of Money by
Csrtahi Houses If He Would
Buy Whiskey from Them,
Which He Declined.
Tho legislativo committee appoint
ed lo Investigate tho dispensary waa
at work in Columbia last week. Hon.
W. O. Tatum, Commissioner, and Mr.
Coater, of tho Stato Treasurer's oilico,
were examined, but nothing of a sen
sational oharaoter was disclosed. Mr.
Tatum's testimony showed that ho
was managing tho dispensary for the
best Interest of the Stato, and that
under hil administration things were
being honestly administered.
Some sensational testimony was giv
en by ex-State Liquor Commissioner
Hixson, who was In charge of the in-,
stitutlon ten or moro years ago. Ile
was the sole purchaser of whiskey fur
the dispensary. At that time the
board consisted of Gov. John Gary
Xyans, Sooretary of Stato D. H.
Tompkins and Comptroller General
Norton. To begin with the business
the State borrowed $50,00C, which
witness paid back in the form of meet
ing the enpeuse of tho 1895 oonstltu
tional convention,
Mr. Mixson says he had a complete
Stock-taking when he assumed charge
and also when be retired. Up to 18Ut?
the net protlts went to the State, but
after that to the school fun I. in the
eleven months of his administration
the gross sales were slightly le^s than
a million dollars and tho net protlts to
She State $100,000. There was no
limit then to the prollt tho Institution
might make so far as the law was con
cerned. As to rebates which were
sailed dlsoouQts then, witness said that
he made a praotlco of df-mindiug a
discount of 5 per cent, which he then
turned Into the State. He bought
from reliable house alone, which read
ily granted these discounts.
The beer houses did not allow dis
counts the witness said. He saved
$20,000 to tho State in rebaten. Ex
Commissioner Mixson's annual report
Was Canvassed'to show that he bought
only from reputable houses, some of
which are still trading with the State.
"Colonel, in your dealings did any
ef the bouses oller you any induce
ments personally to buy?"
"Yea, slr; several of them did. Sec
rotary Ilubbel, of the whiskey trust,
connected with the Mill Creek Distil
lery, Meholovttch, Fletcher & Co., Mr.
La?aban, cf Lanallan & Son, of Balti
more, and smaller offers from smaller
oonoerns."
Mr. Mixson then related how Mr.
Hubble oame to Columbia to see him
and he took him into the sample room
and offered him $202 50 for each oar
load of whiskey be bought from them.
"Did you ever accept this or any
other money or Inducement?"
"No, slr."
Mr. Mixson then went into tho de
tails of tho interview with Mr. Hub
bel. Witness told him that If ho
would oredit this on the invoice that
the offor would bo accepted, the re
bate to go to tho State. Win n wit
ness discovered that Hubbol Intended
the money for him personally be
turned him down and never patronized
hint again. "I reported the matter
to Gov. Evans," the witness asserted.
Mr. Hubbol ls now dead.
When tho witness related luw a
ropresontatlvo of Maholovltch,
Tlltcher & Co., came down and mad?
him an offer of 810,000 a year person
ally to buy from his brm. He re
Jeetsd the offer and refused to buy
from the house a^aln. Next Mr. Mix
eon related an interview he had with
Sam J. La?aban of William La?aban
A; Sons, of Baltimore, who made him
an offer of $30,000 a year if Mr. Mix
son would buy $400.000 a year.
DION IKS THE Cf IAKO E.
A dispatch from Baltimore say;^
Samuel J. Lanahan makes vlgorout
denial of the Mixson charge of at
tempted bribery in the South Caro,
lina dispensary investigation, refer
ring to which he said.
"If tho witness ls reported correct
ly, I want to make an unqualified do
nial of the truth of the testimony,
"I know Mixson, he made an effort
to oonneot himself with our house
bub we wouldn't have him. This fae
may aocount for his testimony. J
know of no othor reason for lt.
"Our house has done a largo busl
ness with the dispensary every monti
for the last four or live years. In al
our dealings there 1 never ottered i
bribe or other than a legitimate in
ducement to transact business,
never offered Mixson $30,000 or an;
othor amount. Tho oonversatloi
which ho ls reported as testifying ti
novor took place and tho incident h
speaks of never happened. It ls i
fabrication, pure and simple. I posl
tlvoly deny its truth. If there ls?
way of making denial stronger,
would like to know lt, HO that I mlgh
make uso of lt."
A Pot of G?hl Found.
A pot of gold, supposed to havobeei
burled by Capt. Kid, has been dug U|
on Sullivan's Island. Tho Charlesboi
Post says "the gold was found nea
the ohlmney of thc Buckley house Ol
Saturday night, being turned up b;
ono of the laborers who was ralSiDj
the house to make room for tho ex
tension of the barracks of tho arm;
post. Tho laborer who laid claim am
made off with thc rnoncj could hot bi
learned, but ho was not a sonvonl
huntor, being content to tako tin
gold and leavo the rusted metal pol
Including a number of old Spanlsl
doubloons, valuf.d at $10 each, pistols
Louis ?nd n*-hsr COI?H pud the eK
cltemont whloh tho lind has mad
among tho nativo islanders has ai
sumed no small proportions."
AFTER M J NY DAYS.
A Fruit laden Steamer Fa? a Peri
lous Voyage.
All on Board Forced to lint Shark
?nd Allowed Ono Swallow of
Witter a Day.
Tho steamer Athen, 17 days late,
with eight passengers and a o&rgo of
rotten bananas and with the bonGB of
half eaten sharks on board to Indicate
tho perils of her voyage, arrived off
Sootland lightship last Monday night.
On July 30, the Donald Steamship
oompauy's steamer Athos left Port An
tonio, Jamaloo, for Now York, a six
days' voyage, with provisions in plenty
for this short porlod. Three hours cm
of port an eooentrlo rod on thc engine
broke, and from that hour until last
Sunday week, proceeding sometimes
only an hour a day under hor own
steam, the Atbos drifted at the mercy
of tho storms, in constant danger of
famine, onco without drinking water,
and receiving supplies from tim? to
time off passing vessels until on Aug
ust 20 the disabled steamer gave up
and signalled the steamer Altla for a
tow. This steamer brought the Athos
io Now York.
Tho trouble waa in tho engine all
the timo. From July 30 to A.ugust 7,
one or two breaks daily wore recorded
In tho cnglno. The log ohronloi^s tho
faot that the dally delay waa only 30
minutes long on August 5.
Two days latter tho catching of thc
sharks;ls reoordod. Ohlnamonon board
attempted to eat the sharks but tho
meat nando them 111 and tho fish wore
thrown Into the sea. During the next
two days boats wero lowered from tho
Athos to searoh for food ?3h.
On August 8 the disabled steamar
sighted tho steamship Adirondaok and
signalled "All well on board," but on
the tenth the last tank of water was
opened and was found to bo tainted
with thc Juice of rotting bananas.
Some dolphin wero caught two days
later and on August 13th the incipient
famino was further relieved by the
steamer Montovideo, which supplied
provisions.
For nearly a week between August
10th and 17th the engine's shaft was
useless, bub not only waa tho steamer
forced to drift about while repairs
were under way but for two dayR of
this period a great storm and high
??eas broke over the helpless steamship.
The leg Indicates meanwhile that more
dolphin werooaught. Finally, on Aug
ust 18, the coupling Hange broke and
the Athos abandoned the attempt to
make New York under her own steam,
after 20 days of oontlnuous accidents,
lt was deoided to accept the first offer
of a tow. This did nob come for two
days, during which a second food fam
ine was averted Joy tho steamer Vera,
which came alongside the Athos sup
plying eatables and drinkables.
At Scotland lightship last Monday
night the tow Une broke, ns a last
chapter In her long series of accidents
and the Athos could not repair the
broken line in the dark, but anchored
for the night while the Altai brought
her passougenB to quarantine. Tues
pay tu^s were sent out to bring the
Athos into port.
Passengers of tho Athos, on landing
Tuesday, reported that tho famine
oaused small mutinies among the
ships crew of 18 Chinamen. Trouble
llrst started among tho coolies over
tho dearth of tobacco and rice. A
negro belper was stabbed during one
of the lights of the hungry crew, but
Ibo . ihoers and passengers were not
seriously memmod.
At one Lime the only water to bo
had was ocean brine which had been
bolled and condensed. One swallow a
lay to each person was all that this
process allowod.
Serious Charlo.
According to a special dispatch to
abo Augusta Chronicle fro? Atlanta,
?.%ys Mrs. Ed. L. Wight, Jr., is held
f.t the home of her relatives there un
lor tho care of a special bailiff, on ao
count of warrants sworn out by her
husband and his relatives, oharging
arson and assault with lntont to mur
der and also a peace warrant, lt is
claimed Mrs. Wight employed two
negroes to burn the house in which
her husband ll Ted. Tho negroes gave
tho plan away and were held as wit
nesses. Mrs. Wight was Mis?Cooper,
of Atlanta, and ber relatives have
. 3worn out warranta charging her with
. lunaoy. Mr. Wighb is a well known
citizen and business man of Albany,
(Ja , anti a son of a formor mayor of
that city.
E ? " I x i ; ( l ? IV I oi>.
The Georgia division of tba South
ern Cotton association Wednesday
adopted resolution? calling upon cot
1 ton growers to fix a minimum prloo of
. 30 cents a bushel on cotton Rood and
1 to soil not a pound at a less pde?; also
[ declaring that no cotton shall bo sold
by farmers under Us Jurisdiction at
' less than 10 cents a pound, until a
1 fixed price shall be agreed upon by tho
1 executive oommlbfce? at ita meeting at
. Asher Hie In September. Ai assena
mont of ono cent a halo based upon
t the number of bales raised last year
f was levied to moot the expenses of the
1 Stato organization.
(. Tim tloniilno Arti?]?,
\ A real daughter of the revolution
. has Just dlod In Westmoreland ooun
t ty, Pennsylvania. Mr?. Sarah Abchi
I son Rosa wan nlnoby-olght years old
t and was the daughter of Thomas
A tob Ison, who fought under Wash
ington at the battle of Trenton, and
tho widow of Tnomas ROSS, a veteran
1 Of tho Mexican war. She was one of
P three women to whom were proton tod
1 gold spoons by the national sociotv bo
r oauso of being daughters of men who
1 fought in tflS struggle of '7rt,
f (Villi* Collai??.
At Pittsburg, Pa., Sunday the walls
i and llrst floor celling of tho Avenue
1 Theater building, which had beon
D burned some time a^f. and waa being
r wrooked, preparatory to tho construe
? Moil of a now building, foll with a
, crash, carrying down about twenty
i Italian laborers, burying a number
. under the debris. In bhe confusion
- it !s Impossible to say how many are
o killed or wounded, bub six badly
i- wounded porsons have been taken out
an far.
PAID FOR JOBS
Members of the State Constabu
lary Bought Places.
SENSATIONAL TALK.
The Names of Prominent Gentlemen In
Public Life in South Carolina Pig
tire in Dispensary Investigation
on Hearsay Testimony
Before Committee.
In tho dispensary examination in
Columbia on Thursday Division Chief
Fant, of the constabulary foreo, made
nome sensational statements. A good
deal of lt was hearsay, and this is un
fortunate, but perhaps it ls just as
well fer everything to come out, al
though hearsay ?vidence ls often em
barrassing aud prove? utterly ground
less. Mr. Fant, In his evidence, gave
tho distinct Impression that c?rtale
parties in Spartanburg were regularly
bartering positions on tho constabu
lary foroe, from tho smallest to the
highest position.
Ho said lt was reported that Mr.
William McGowan, of that city, was
orodited with having a regular con
stabulary mill and that he had thc
record of 28 men who had arranged
with Mr. McGowan to get Jobs on the
constabulary, and that tho otfers for
the positions ranged all tho way from
820 to $300, and that at ono time
when his position was In Jeopardy he
had Toland otfer Mr. McGowan $300
for tho position of division chief, but
this was dono merely to gain time to
puncture tho scheme, and that he
never Intended paying a eent for his
position, but tbut bo wished to ex
pose tho altair.
He then went on to say he reported
tho entire matter to Governor Mo
Sweeney, and that he was retained In
his posltlou, but that Governor Mc
Sweeney could not expose the alfvlr,
and that then he appealed to Mr. Geo.
E, Prince, aud later on to Senator
Tillman, to expose the'8 ff air, and, he
said, he offered them the evidence.
Senator Tillman wrote him that ho
had turned the matter over to Gol.
James EL. Tillman, but that nothing
oame of the repeated efforts to secure
publicity.
Again he testified that ho had told
Mr. McGowan ono day that he was
very much annoyed by persons asking
him for jobs on the force. Oapt. Mc
Gowan had told him to turn all such
applicants over to him and ho would
take them off Capt. Faut's hands.
Tho grim old chief then narrated with
evident satisfaction that ho had in
writing the names of 28 persons who
had applied for places through Mc
Gowan and the amounts paid by each.
He had a record of tho circum
stance. "Mr. McGowan was running
the mill up there," he explained, "but
he had a helper down here In Colum
bia. Private's places on tho force
wero going at $2f>, and for the place
of obief tho bids were from $250 to
$:100." Capt. Fant thou continued
that he wrote to Gov. Mcsweeney,
giving bim all of this information.
"Tho ill treatment of myself whloh
had boen going on for along Mme was
stopped then," he declared, 'and I
was given enough men to enforce the
law."
Mr. Fant said that the claim was
made In Spartanburg that Mr. Mc
Gown had a worker lu Columbia, and
dually, when pressed to name who thl<
worker was alleged to be, said that lt.
was merely heres&y, but that the name
used was that of Mr. U. X. Gunter,
Jr., then assistant Attorney General.
Mr. Fant did not know that <tny one
had ever paid for a position on the
constabulary or that lt had been got
ten through the alleged mill In Spar
tanburg, but that he was prepared to
show that 28 men bad taken the mat
tor up.
Mr. Fant fnrthcr alleged that lt was
reported to him that Chief Howie paid
.275 to Chief Clork W. W. Harris for
his position, and that William Gross
alleged that he paid $125 to get on
the county board of control. These
matters will be heard from and thc
other side presented. Mr. Fant and
Mr. Seay testlllod that they had given
$50 and $'10 each to Mr. Dlllingham
for alleged expenses In connection with
the candidacy of Governor lloyward
In the primary.
Mr. Fant and Mr. Seay stated that
they paid Mr. Dlllingham this money
on what they understood to be the
representation that Mr. Dlllingham
had spent over $1,000 In the election
of Governor Hey ward and that they
were asked to share in that expenso.
Tboy both stated that lt was a volun
tary offering on their part but that
lt was with thc understanding that it
was to pay election expenses.
JOIC S IC A Y TKSTIKIK8.
Joe Soay, au ex-constablo whose
name bad been mentioned before, was
next put up. Ho explained the pistol
Incident referred to by Capt. Dllling
ham. He was trying t ) buy a pistol.
There was nothing crooked In the
transaction, he declared. When Hey
ward was running for governor, he
tiad gone out and worked for him be
cause Bussell G ?ITne.y had told him to
go ahead and work hard for Hey ward
and after tho election Mr. Dlllingham
would pay him. He 'nut favored Gov.
Heyward anyway. Mr. Dlllingnara
gavo bim $2 for his day's work at the
polls the tlrst primary. Homet Mr.
Heyward that same day and was ask
ed to work In the second primary. He
had oarrled all but three votes ouii of
107 at his box for Heyward in tho sec
ond primary.
Mr. Dlllingham had thon ofhred
him a position on the constabulary.
Witness said he didn't want the job,
but afterwards conclude d that if there
was a certainty Of getting the Joh he
would tako it. Dlllingham then told
him to go homo, rent his placo and
move to town. He complied and with
others waited In Spartanburg to get
jobs with Dillinghams assistance. Ile
had waited and waited until he got in
debt for rent and rations and had got
to tho point where bo was praying foi
a Job.
Gavo Mr. Dlllingham a noto for $5C
to holp bear tho i-lection expenses,
Paid $10 tho tir?t month he was on
the force. Thescoond month when
he went to pay auotber instalment
Dllllngham said, "Joe, have you got
that reoeipt?" Witness produced tho
receipt for the tirst $10. ni ningham
said, "Glvo lt to me and I will return
your note, I didn't want anything out
in black and white in this transan
tion." Witness was given back his noto
but continued to pay on it until he
had paid $40. He then asked for a
suspension on tho last $10, as he had
helped Mr. Dllllngham around tho
stable when he was waiting for the job.
He had never heard of Mr. Dllllng
ham complaining of E.vbank selling
liquor out of hiB atable. Knew noth
ing of any reports of that kind. When
questioned by DllUngbam, he told
how he had lost his Job. They had
bcon on a long raid aud he got too
muoh whiskey and expressed his mind
about tho other men going off and
leaving him on watch.
WHAT DILLINOIIAMSAYS.
Mr. Dllllngham, on tho othor Ilde,
admitted that Mr. Fant had paid him
$50, that Mr. Seay had paid him $40,
and that he had collected othor money,
but that it was no part of any expense
in connection with tho nomination of
Governor Hey ward and that Governor
Hey ward had absolutely nothing to do
with lt. Ho insisted that bo was paid
this monoy beoauso in helping Fant
and So ay and others get their jobs ho
had to lose time from his business and
make visits to Columbia and that lt
was a recompenso for his time and
work, aud that those who paid him
understood lt that way, or he tried to
make it so understood.
He said that whatever expense he
incurred in helping tho candidacy of
Governor Heyward by authority of
Mr. Law, as tho representative of
Governor Heyward, was returned to
dim, and that he felt that whatever
legitimate expense he went to lu this
campaign was with tho approval of
Governor Heyward and Mr. Law, the
frelud of Governor Hey ward in his
oompalgn.
If Governor Hcyward, with the ad
vice of his friends, thought it judlolous
and prudent to expend a limited sum
for legitimate campaign expenses, that
ls his concern, hut ho never authorized
any approximation to the sum of $000
or $700, which Mr. Dllllngham says he
felt ho had a right to expend in his
enthusiasm to see Governor Hoywad
gain thc nomination. Successful cam
paigns these days require money hero
and there for ncoessary legitimate ex
penses.
GUNTKH D1CNII?S IT.
Mr. Gunter ls sick with typhoid
fever at the hospital and with his clean
record as a man and ulncor it is unfor
tunato that his name should have been
mixed up with this scandal on mere
hearsay. Mr. W. H. Townsend, tho
assistant attorney general, was aiked
for a statemont In behalf of Mr. Gun
ter and ?ri s .> r,hn following itttervK
whioh he had had with Mr Guuter.
"The hearsay statement of tho wit
ness Fant was shown Attorney Geuor
al Gunter at tho Columbia hospital
Thursday evening; and he said lt was
infamously false that ho had asked,
received, expected or wanted any com
pensation or reward for aiding any
body anywhere to obtain a positioner
ellice connected with tho dispensary or
any other governmental agency. Why
his name should be oonneoted with
such statements he cannot conceive.
That he has never Importuned any of
the governors for such favors, as will
bc horne out by tiro governors them
selves. No truthful man can bo found
who will say that ho ever paid him
any tiling. Of course, his uame may
have been hawked without his knowl
edge hy designing persons: If so suoh
person should, and must be, held ao
countable, and, he Intends to use every
effort to lind out If such ls the case,
just as soon as he ls able to leaye the
Hospital. "
JUDQI? 1MUNCK S VKKSION.
Judge Prince says that no pupers or
evidence and no sp?cification of
charges were evor Ulod with him by
Mr. Fant or by any one else. Ile had
never hoard of any being Hied with
Gov. McSwconey or with Senator Till
man. Judge Prince says that so far
as he can remember, Mr. Fant never
mentioned to him In any way thc
management or conduct of tho con
stabulary force at Spartanburg but
that in a oasual conversation Mr.
Fant did once state that somo consta
oles, pei haps a chief constable at
Greenville, whose name escaped tho
judge's memory, had been guilty of
some misconduct. The Judge advised
Mr Fant to get up allldavlts about thc
matter and tilo them with tho gover
nor. He afterwards heard no moro of
tue matter.
CAPT. MfXK)WAN'S KBPLY.
A dispatch from Spartanburg to
Tho State saya Capt. McGowan, who
has been out of town sin JO Wednes
day afternoon, on arriving went to
Chief Kant and asked tho names of
the 28 men who had applied to him
(McGowan) for positions and consta
bles. Chief Kant replied that lt was
a rumor, hut ho would got up thc
names if ho could. Capt. McGowan's
connection with dispensary oflloiall
has always been In the capacity of at
torney. Ai. one time, he said, ho rep
resented a member of the board of
control before tho county delegation
In the general Assembly.
Tho mattor was carried to tho
State hoard and he was paid a fee.
Afterwards ho was acid ve in scouring
tho appointment of two constables
and these persons paid his expenses to
Columbia and In each case this amount
was not over $10. He said thathc al
ways Slgued petitions 0( pomona ask
ing for positions on the constabulary
force and was of the opinion that
other memb.",rn of the bar did tho
same. Capt. McGowan said that B.
L. Toland had never (.(Tired him ono
cent or gi von him any Inducement to
havo Chief Fant removed.
A i to Attorney General Guntor and
dispensary appointments, he said that
he had never In his lifo spoken to Mr.
(hinter about such mattors, except
' probably onco. A man named Grono,
who claimed to ne a good friend of
Gunter and Chief Hammct, applied
f,\r n ?vial i. Om Of?r1 <ioWi?l lilro fr? anno lr
- t' " " - V-. >. " .? vy. ? ...... wv. UfWW?
a good word to Chief Hammct. Capt.
I McGowan said that all his connections
! with constables had boon as attorney
' and ho will represent any and all of
; them If they can pay tho foo oxaoted.
ne thlnk3 that the ringing In of Mr.
Guntor was cruol and unnecessary and
this opinion ls shared by a large mun
her of nennlft In ?4m\rt.anhnro\
THE BRICE LAW
To Bc Carried Into the Courts
and There Tested
AS TO ITS LEGALITY.
This Also Involves thc legality of thc
Recent Election In Union County, and
Judge Townsend Has Ordered
the Dispensaries There
to Remain Open.
A special dispatoh to Tho Stat? from
Union says Judge Townsend Tuesday
of last wfcok issued tho following
order: )
"Ii la ordered that Ibo dofandants
do show ef?use before mo at my cham
bara at Union, S. G., at ll o'olook ou
tba 6th day o? S?ptember, 1005, why
they.ihoiyd not be porpotually enjjln
ed from closing the dispensaries as a
result of 'the recent election held on
the 15th-/day of August 1005. That
tho nalrt defendants aro horohy re
strained (and onjulnod from closing
and ceasing to operate said dispensar
ies untlhftho further order of this
court, i
"Let ai'oopy of this order be served
with th?rjsummons, complaint and af
fldavita upon eaoh of tile defendants
herein. "D. A. TOWNSEND.
"Circuit Judge.
"At Chambers, Union, S. C., 22nd
August, ]1006."
By the laxulng of tho abovs quoted
order, a delay has boen pub on the
carrying out of the wishes of the vot
ers of Union county, as expressed In
the eleotlon held Tuesday, Augutt
15?h, when they declared by their bal
lots of "dispensary" 412 and "no dis
pensary" 701 that they wished tho
dispensary to go.
The actlou was brought by W. Royd
Evans and Lawson D. Melton, attor
neys of Columbia and thc complaint
covers ll pages of closely typewritten
matter.
No interference was made In the de
daring of tho election by the election
commissioners, as had been anticipat
ed; but about 4 o'clook the attorneys
appeared before J udgo Townsend and
secured this temporary Injunction on
a oomplalnt made by Oarrio Barnett,
a well known farmer of tho oounty,
living.near Buffalo.
. T?M> de?6n#*->r? are R. M. Flnoher,
ii.. . * "D. Wilkin*-,- ooun
ty board vi control, and G. C. May, J.
G. Howell and J. R, Askew, county
dispensers. Under this complaint Mr.
Barnett alleges that he ls a taxpayer,
resident oliizen, and q.iallUed voter of
Union county; that the defendants
named have under their oustody, con
trol management and direction three
dlsepusarics for the sale of intoxicat
ing liquors in this county. That by
virtue of an allcgod aot of tho general
assembly entitled "An act to amend
section 7 of an act entitled 'An act
to provide for the oleotlon of the State
board of oontrol, and to further regu
late the sale, usc, consumption, trans
portation and disposition of intoxicat
ing and alcoholic liquors or liquids in
this State, and presorlbe further pen
alties for tho violation of the dispen
sary law, and to polieo thc same.' "
approved Maroh 6th, 1800, and as
amended by the general assembly of
South Carolina at its regular session
In January, 1004, and approved Feb
ruar? 25th, 1004. T. J Betenbaugh,
county supervisor of Union county,
ordered au elootion to be held, submit
ting to thc qualitled voters of tho said
oounty of Union the question of "dis
pensary" or "no dispensary," on the
16th day of August, 1005. That the
eleotlon was held on the day prescrlb
ed, and the county board of commis
sioners have today declared the result
in favor of "no dispensary;" that said
county board of control and dispensen
have threatened and deolarod their In
tcntlon to close the said dispensarle*
and cease to operate thc same, claim
lng lt ls their duty to do so as the re
sult of the Raid eleotlon.
THK OHOUNDS.
This the plaintiff alleges would b(
unlawful, unconstitutional and void
on tho following grounds:
(*) That this section 7, as above
cited, is in direot violation of tho con
stitutional Inhibition contained In ar
tide ?1, section 34 clause ll of thc con
stitution of South Carolina, 1006. Thai
said section ls an attompt on the pari
of the general assembly to pass a spec
lal law to limit the operation of tin
dispensary law to certain special local
itins, and thc act being deprived of itt
oharactor as a general law becomes ?
spcoial or local law. That tho electlor
being mado undor said section is Meg
al and void.
(b) That by vlrtuo of artlol<\s 8, sec
i,Inn ll of tba constitution of 1805
tho State cannot delegate tolls ci tl
/^ns any special localities detormed bj
their votes as to whether they shal
bo subject to the exercise of the sale
polios powor regarding tho raauufac
turo, sale or prohibition of liquors 01
beverages.
(0) That the act popularly known a?
tho Brioc bill ls unconstitutional, ai
the goncrai assembly faned to provide
for tho holding of elections at whlol
timo such questions as "dispensary*
or "no dispensary" oan bc submittee
to tho people, and has failed to pre
scribe tho manner lu which hud) dec
tlon Shall bo hold and results ascer
talncd.
(el) That under the goneral olectloi
law tho election should bo hole) the Hrs
Tuesday following tho llrst Monday n
November, 1800, and eaohscoond yea
thcroaftcr; that ll lt should bo hole
undor this law SUCH special quostioni
aa "dispensary" or "no dispensary'
nhniild 1>A ?nhmJttCCl to tho pOOpIO
thon suoh election oould only bo hole
tho llrst Tuesday of November, 1000
and that T. J. Hetcnbaugh had no au
thorlty to ordor said oleotlon for an:
other timo.
(0) By virtue of a majority of th
votes being for "no dispensary" lcvle
a speolal tax upon tho tax payers 0
Union county, which is in violation n
article 1, section 7 of tho constitution.
Furthermore, that this bill originated
in the senate, when under the consti
tution, artiole 3, section 15. "Dills for
raising revenue shall originate in the
house of representatives, but may be
altered, amended or rejected by the
sonata, and all other billa may origi
nate in either house, and may be al
tered, amended or rejected by the
other."
The plaintiff alleges upon informa
tion and beliof that tho potitlon for
an election on the question of "dis
pensary" or "no dispensary" waa not
signed by ono-forth of the qualified
votors of Union oounty, and that the
supervisor ordered it without asear
latuing same; that the plaintiff ls In
formed and believes tho election wa*
fraudulently and illegally hold and
conducted, In that many persons who
were not qualified voters wore allowed
to vote, and many persons who were
qualified voters wero not allowed to
vote; persons were allowed to vote at
precincts other than those at which
they resided; no registration books
were furnished the managers, as re
quired by law, and In many ways the
law was not compiled with; and as a
result of this fraud and these irregu 1
larltles the election resulted In "no
dispensary," whereas, If lt had boen
conducted according to law, lt would
have resulted In favor of tho dispen
sary. That the plaintiff, as a citizen
and resident of Union county, has a
right to purohaso intoxicating liquors
form said dispensaries, and if same are
dosed, as threatened, the plaintiff and
other oltlzons of Union county will bo
deprived of tholr rights and privileges
to purchase alcoholio liquors, as he or
they desire to do, and the oounty will
bo deprived of the revenue lt is en
titled to under tho provlsons of the
dispensary law.
On these grounds the plaintiff prays
that the Injunction bo issued to pre
vent tho Bald dispensaries from dos
ing, and tho election to bo declared
unconstitutional, Illegal and void.
Following this are affidavits slgnod
by J. B. "Wilbanks and A. B. Burgess,
mill operatives, and J. F. Wilbanks,
a farmer, who allege that they did not
authorize tho signing of their names
to the petition, and that as taxpayers
they will bo damaged because tho elec
tion cost the couuty $300.
TIIK BUPBUVISOR'S TAUT.
Tho next affidavit is that slgnod by
G. 0. May, beer dispenser, and J. G.
Howell, dispenser, who allege that
they, with W. Boyd Evans, visitod Su
cer visor T. J. Betonbaugh on the
nigh of August 11th, and that Boten
haugh said In their presonco that
when tho petitions were first present
ed to him there wero about 1,000 sig
natures to said petitions, and tnat he
took them and carefully ?xamluod
teem for several days, and of the 1,
000 signatures to said potltions he
fouud only 274 qualified votors to said
petitions, and M?at he refused to order
tho election and returned tho peti
tions to those who had presented thom;
that thoso interested took tho peti
tions and wont over them, and said
they bad found 60 or 00 additional
qualified voters, but that he did not
investigate to soe whether or not this
was eorrcot; that later the same peti
tions were presented to him again,
with less than 200 additional signa
tures, that ho took the petitions and
ordered the special election to bo held
1 In Union oounty on the question of
! "dispensary" or "no dispensary" on
the 16th day of August, 1?05, without
further Investigating tho said peti
Mons to see whether they contained
tho ono-forth of the qualified votors,
as required by law, or not. At tho
same time he ordered the special elco
tion ho did not know whether the pe
titions contained the one fourth of
the qualified voters or not, and did
not know thom; but tnat bo ordered
the said oleotlon because those who
presonted the petitions said that they
had tho one-fourth of tho qualllled
voters; that if ho had known what he
knew then, tl it lt was not his busi
ness to lind out whether the potltlons
1 contained the ono-fourth or not; that
1 tho supervisor of registration did not
make an affidavit that thc potitlon
contained ono-fourth of the qualllled
' voters, neither did those who present
I cd tho petition the last time make
I such an affidavit, that he only took
. their wc rd for lt, that ho bas boon
1 over the books of tho supervisor of
registration for Union oounty, and
' that he knows that there aro at least
t 800 qualified voters in the county of
Union; that ho could not make an af
j tldavlt at timo lio ordered tho election
or then that tho petitions asking for
' an eleotlon oontalnod one-fourth of
j the qualified votera of Union county;
. that ho would mako an affidavit to
. thlselTect next morning, August 12th,
, 1006, when ne oame to his oilloo; that
j instead of making said affidavit next
? morning, as above stated, ho refused,
, stating that ho preferred to go to his
) cilice and write out a history of the
whole matter, In thc form of an afll
, davit. Instead of going to bis own
k office, he weut to tho effice of J. A.
! Sawyer, whore ho spent tho whole
. morning, and about 2 o'olook that
afternoon, August 12th, bo sent a
. letter to W. Boyd Evans stating an
enMroly dlflcrent thing than thatstat
! od the night beforo in the prcsenoo ol
f thom; that tho said lotter ls affixed ti
1 the affidavit,
1 The lettor roferred to has already
. been published. In closing it ho says:
r "At tho time I ordored the elootion I
was satisfied that tho petition con
< talned one-fourth of tho qualllled
} votors of tho county, and 1 am now sc
aaf.iuflnH "
, llUvi.MIUVI,
1 Chiirtfort to OftroloaanoB*.
j Tho findings and opinion of thc
court of Inquiry which investigated
. thc fatal explosion on tho gunboat
. Bennington bas been mado public by
Secretary Bonaparte. The court ex
i presses the opinion that the explosion
t, was caused by excessive steam pres
i sure In ber boilers, resulting from
r closing tho steam valvo connecting
i with the guage. The court says that
?i I). N. Holland, thc fireman on dut)
? olosed the valvo. Tho court finds En
sign Charles D, \Y-.\do of the englnt
1 departmont of the uhlp at fault in fail
, lng to seo that the steam and safotj
- guage valves wero closed at the propel
y time, having aocoptod tho report o?
subordinates that this had boon dorn
j In Maroh. Ho was doolarod negllgont it
s tho performance of duty and that ht
f should bo brought beforo a oourl
f matlab
I
SLAVES OF DKUG?
Fearful Provalonco of tho Habit in
Frobitution Eistriots.
Not Boing Ablo to Uot Oilier Stimu
lants GOOOAIIIO, Morphine ana
Other Drugs Are Used.
xThe Washington correspondent of
tho Columbia Record says Albert Lie
ber, one of the most prominent citi
zens of Indianapolis, has been in Wash
ington on his way to New York to
meet his father; Potor Llebor, United
Statte OUBUI at Dusseldorf, Qermany.
Consul Lieber and nts wife are re
turning to tho United States aftor a
long residence abroad, and will spend
some time in this oountry visiting rel
atives and friend?.
"I wa? appalled at somo faots given
mo in the Arlington hotel by a South
ern man stopping there," said Mr.
Liebor to Tho Record correspondent,
"and the stat omen ts aro such that
they should receive tho earnest atten
tion of the best thinking people of
tho United States Tho gentleman
said that he had been Informed that
physicians In many portions of the
South, espcolally where prohibition is
in force, had found that tho cocaine
habib was making slaves of tho negro
race. They wore prevented from sat
isfying their appetites with bevorages
of some kind that would stimulate
and they bad turned to cocaine, which
was being consumed In Immense quan
tities, generally being put in older or
some other drink. Physicians had
told the gentleman who had Informed
mo that the long continuance of tho
habit would prove more destructivo to
tho negro race than anything on the
face of the earth, inasmuch as it not
only wrecked them physically, mak
them despise work, but would kill
them off quickly. In the Washington
Post ot July Hist was an Interview
with Mr. E. J. Bowen, of Little Rock,
Ark., who gave utterauce to precisely
similar views ile said that where co
caine could uot bc obtained lemon ex
traot was being used in prohibition
communities. He said he knew a man
who used to drink lt Incessantly until
lt killed him. There ls ofton a brisk
trade in perfumes, red iuk and nearly
anything that could be used as a sub
stitute for stimulating drinks.
"I know of my own aocord," went
on Mr. Lieber, "that lu many prohibi
tion counties In tho country men and
women have begun tho use of opium
and drugs that will satisfy the craving
for stimulants of some kind, lb seems
to me that this is a fearful argument
against some of the existing forms of
prohibition. Now, I believe in tem
perance myself, but I do not know
anything more foolish than to deprlvo
people of stimulating beverages of
aomo kind. Personally I would not
objeob to rigid prohibition against
whiskey In any community, but I be
lieve all sensible peuple will admit
that beer and tho lighter drinks
should not be shut out of any commu
nity. Let us take the very communi
ties where good authority says tho
people of a raco are largely turning
to cocaine and other drugs, and the
probability is tho Hame state of affairs
exist all over the South and in othor
portions of the country. Suppose the
prohibition laws should admit beer
and tho drinks that do not produce
drunkenness unless used to thc gross
est excess? These negroes would not
desire the awi ul drugs that they now
use. The small percentage of alcohol
in bser would satisfy their appetites,
and they v/ould be happy. Human
nature demands something that
stimulates, and thc least harmful of
all drinks ls beer.
"If the prohibitionists would deal
with human nature as it ls and recog
nize the demand for something stimu
lating they would Insist upon the ex
clusion of thc ardent spirits and ad
mit beers, wines, etc. Prohibition
now results in tho surreptitious salo
of whiskey where posslblo and the
shutting out of wines, beers, eot., be
cause they can only be handled In
bulk. Tho effect is disastrous. Men
and women, espcolally the ignorant
ones, turn to opium, cocaine, nicotine,
ginger alo, with twice as much aloho
hol as beer; patent medicines, con
taining 40 to 50 per cent, of alcohol,
and some of tho soda fountain drinks
that are bad as opium."
Adrift tor Forty Hours.
Miss Zelda Stewart and her fiance,
John Chartres, were found In an opon
boat forty miles out from Ohloago in
Lake Michigan late Thursday after
noon. They wore almost famished.
They had been without food for fortv
hours. Water they secured from the
lake by scooping lt up in their hands.
The couple left In a row boat from the
foot of Montrose boulevard at 10
o'olook Sunday night for a boat ride
on tho lako. When found both wore
unconscious In tho boat, and at first
behoved tho long strain and suffering
, had brought death. When Miss Stew
art and her fiance were taken on a
launoh both were soon revived. Up
i to a late hour Thursday night neither
had revived sutllclently to give any of
. tho dotaUs of their mishap.
Tho Homo MorohantH.
"Who ls tho homo morohant?"
, Asks an exchango. Ho is a man who
helps pay for the streets on which you
wulk; he helps to koop up tho ohuroh
In whloh you and yours worship; every
, subscription paper that ls passed has
his name up n. it; lie !s thc only ono
who cannot alford to swlndlo you, self
Interest If nothing e's J, would prevent
> this; ho bears his share of tho burden
I of good government and stays with
you In sunshine and darkness. Paste
J those faotv in your hat, and then stop
and consider whenever you are tempt
ed to send away for anything kopt In
1 your own town.
i ICfci-tlKjufcko Hliooks.
: A dispatch from Chloago says 1111
i nola was shaken by an earthquake
' Tuesday night of last week. The
. shocks In the southern part of the
- otrtle, espcolally in the legion sur
. rounding lOast S't. Louis, wore severe
r onough to rattle dishes and furniture,
i" causo dogs to bark and children to
f awakon and cry. Houses creaked and
> ... mann Inc. nr.A. i. o.*U nrtAnnfinfll
1 iii many insosuv?.*) ....v., UUUH|<UIIM
? rushod out In terror, fearing that thc
> straining beams and Joists would give
t> wiy. Sb. Louis reports three ?istl mt
hooks.
f
i
HOW HE STANDS.
Senator Manning (livesHisViewf
[on the Dispensary.
WANTS LAW AMENDED
The Senator, Who May Become a Can
didate for Governor, Does Not Ac
cept System as It Is at Present
Opposes Prohibition as It
Won't Be Enforced.
Th? following lotter from Senator
Riobard I. Manning, of Sumter, who
may becomo a candidato for governor
will bo read with interest:
Busmen, S. O., Augusb 23.-A
numberiof article? have appeared in
the newspapers oalling on those who
aro spoken of as probable candidates
for gover In the Demooratlo primary
next year to express themselves on
the quostlonliwhioh ls now agitating
the publlo mlnd.i.namely, the liquor
question.
As ono of [those referred to, I desire
to say that I have no hesitation in
stating my position on this question.
In doing so I have no desire to precip
itate the campaign at this time for
altbough.I have frequently been men
ttened as a candidate for governor, I
have not, up to this!, time, {positively
decided tO'.beja candidate, and.lnjnow
stating my position on the liquor ques
tion 1 do not commit myselt to enter
tho race. I do so now merely to pre
vent thc Idea being formed in the
publlo mind that I am awaiting to
see wbioh way the tldo turns before
stating my attitude thereto.
In my opinion, aggrave condition
confronts our people, and Its practical
and wiso solution should be of para
mount Importance to the political as
pirations of any man or set of men.
Irrespective of any o&ndidaoy, I feel
that lt ls tho duty of^every oitiaen
who realizes the responsibilities of
cltizmsbip>o do his, part in bringing
about tire wisest and best solution of
tho liquor question, to;put aside prej
udice, to puo aside politics and every
consideration save the earnest desire
to bring about that oondltlon which
will promote temparanoo and straight
torward, honest conduct and morality,
and will minimize tho evils of liquor.
It is Inevitable that differences of
opinion will exist as to tho way to ac
complish this desirable end even
amoog those earnestly and honest
ly striving after the same object. I
respect the position of the prohibi
tionist who beiloves that prohibition
can be effectlvo in ?outh Carolina. I
admit that there has been a growing
tendency to ourtall drink, and the
timo may como when the tono of our
people will be educated up to suoh a
degrie of aelf-dhoipllne, self-restraint
and respeot for law that a prohibitory
law against the usc or sale of liquor
may bo observed, but in my judgment
that time bas non yet come In South
Carolina.
Rut the time has cerno wheh the
people .of this State will no longer
suomlt to a continuance of the mal
administration of the dispensary law
-this condition has become intolera
ble. The dispensary must be purged,
and overy act of administration con
trary to its purpose of restricting th?
salo of liquor must be corrected, the
oilloors or employe responsible there
for punished, and every aot of wrong
doing wiped out.
The issuo in South Carolina is din .
penary or prohibition; this does not
mean that thc issue must bo "dlspen
sary-as-lt-is" or "prohibition," but
"dispensary amended and honestly ad
ministered" or "prohibition."
A bill will be introduced at the coat
ing session of tho legislature which
will, if adopted, so change the dla
penary law that it will be distinctly a
law to restrict and ourtall the use of
liquor-will make the prohibitive fea
tures prominent and imperative, per
mit the salo of liquor only under con
ditions that will reduoo tho evils to
the minimum, and suburdinate the
protlt feature of the law. This bill
will also make the salaries of dispen
sers and om ploy es absolutely indepen
dent of the amount of sales, will
throw every possible safeguard around
the purohaso of liquor to prevent bri
bery and corruption, and will ondeavor
to correct such defcots and eliminate
suen abuses as tho work of tho Inves
tigating committee may roveal, and
make suoh other changes as may be
deemed best.
1 believe that suoh a law oan and
will bo a great step toward reduc
ing tho evils of liquor; that lt can bc
mado effeotlvo and that it will not
1 .torfore with othor functions of gov
ernment.
With suoh a law, tho issue would
bo "dispensary law so amended," or
"prohibition." On this issuo, I would
stand for tho dispensary law so
amended; but I do not stand tor the
dispensary law as it is.
RIOHAHD I. MANNIWO.
Wants to Help.
Govornor Hoy ward has roceivod a
letter from W. il. Moms, or Sanjose,
Cal., suggesting that he would like to
, aid In building a homo for Confeder
ate soldiers lu somo state of the South.
lIo8ayshowas a "Yankeo" soldier,
but ho ls willing to help out and
thinks he could seoure several thone,.
ands of dollars from Northern states
for the purpose. Mr. Norment, in
tue absunoe of Gov. Hcyward, will re
for the letter to Gen. Carwlle.
Wftpiio tu *'t|(ht.
Tho New York Trlbuue says Vene
zuela has placed ordora in Kurope for
i torpedo boats, guns and ammunition
at tho cost of about $2,500,000, a lar
ger amount than that little South
Amorloan republlo has evor expended
i at ono timo for war material. Aa
Amerioan, who has Just returned from
i Venezuela, nays that President das
i tro recently dcolarad that he was go
> lng to light the Yankeo, which ox
) p atns the unusually large order for
i nips, ar us and ammunition