The Marlboro democrat. (Bennettsville, S.C.) 1882-1908, January 19, 1906, Image 1
iVLarlbor
- A I-f'
"DO THOU, OUEAT LIBERTY, INSPIRE OUR SOULS AND MA KIO OUR Ll VHS IN THY POSSESSION HAPPY" OR OUR DEATHS OLOKIOU? IH THY CA USU."
VOLXSXI.
BEN NETTS VILLE, S. C. FRIDAY, JANUARY 19, 10O0.
THE BRICE LAW
x ? . ..
:,.'.)' ' ?'.V * > * ' ''.
Is Declared Constitutional by the
Supreme Court.
DECISION SWEEPING
In UH Effects. The Only Part of the
Anti'Dlspensiry Law Rejected bv
? the Court is the Ann ndment
in Reference to the
School Fund.
The Brice law ls constitutional.
Suoh ls the decision of the S ate su
premo court. The dispensaries kept
open by lnjunotion must bo closod
hereafter and prohibition will provall ,
In all of the northwest portion of the
State, from E Jgetiold to the North
Carolina line, except lo Abbeville c un
ty. where no eleotton has been held. ;
Tue oases ar> ued before the supreme
oourt last Monday wore di e ded Erl 1
day and tho court deorees that th? 1
lawlB constitutional with one excep 1
tlo?i, and that may be eliminated with- '
one a?eoting tho law Itself. The OXCJP
MOM, singular to relate, ls tho "rider" 1
whloh waB pub on tho Brice bill by
the dispensary p opie, the olause whloh '
provides that counties voting out the 1
dispensary shall have no participation
in the surplus school fund accumula {
ted from dispensary profits. 1
The State of South Carolina, in f
the supreme court, jN"vttnbor term, 1
1906: 1
W. W. Morph, petltiionor, against 1
B. Ot. Landurm et al., respondents. '
Louis B. Cox, petitioner, against *
James Hodges ct al., respondents. 1
Joseph W. Cowaid, petitioner, a
gainst J. II. Blackwell ot al., rcspon 1
dents, 1
J.)hn A Weir, petitioner against F. (
P; Walker et al , respondeuts. *
? Itobort E. L'gon, petlbiouer, 3
against IT. IT. Burrlss et al., respon
dent. 1
Flokons County, petitioner, against 1
A. W. Jones, as comptroller general, 1
respondent. , ;
Oconee County, petitioner, against
A. W, Jones, as comptrolles general, 1
respondent. 1
Adam L. Aull, petitioner, against I
A. W. Jones, as comptroller general, *
respondent. ?
lu each of those oases brought lu 1
the original jurisdiction of this court (
the general dispensary law, approved 1
March 0, 1890. (
After careful consideration this 1
"court ls of the opinion that said aot is
not unconstl.utional on any of the 1
grounds aib ged except in so Tar as .
said Brice aot tltclares that "au y 1
oounty voting out a dispensary shalt 1
not thereafter receive any part of the
surplus that may remain of the dis
pensary sohool funds after the defi
ciencies in t. e various county
tohool funds have hoi mule up ,
as provided by law." While the
oourt considers this provision uncon
stitutional, the court is of the opin
ion that it is separable from the re
mainder of the act and that said act
stands as constitutional with this 3
provision treated as ?tr cken out. ,
This conclusion readers lt nccicss
ary to net aside tho temporary injunc
tion granted In tao first live ahovt '?
entitled cases restraining tho closlug I
of the dispensaries therein mentioned
and also that the temporary injune i
tlon granted in the remaining three c
above entititd cawes restraining the r
comptroller general from drawing his i
o?leial warrant for the ?several sums r
arising from the surplus of the dis
pensary fund as therein mentioned be I
dissolved and the comptroller general I
left free to disburse said fund as lt <
would have been disbursed before thc <
enactment of the said Brice act, and
it ls so adjudged. I
Tho reason for these conclusllons |
will be stated In au opinion hereafter
to be filed.
Y. J. Pope, 0. J., j
Eugene B. Gary, A. J , ,
Ira B. Jones, A- J.,
C. A. Woods- A. J.
Tho action of the court means that ?
the dispensaries must be and must ro
main closed in Greenville, Spartan
burg, Anderson, Laurees, Union, (
Pic-kens, Newberry, Cherokee, Hurry, ,
Ooonce, Darlington, Marion, York, ,
Lancaster, Elgoileld and Saluda j
counties. Greenwood and Marlboro ?
have novor had dispensaries. Wil
liamsburg voted t^e dispensaries out,
but tho election was Illegal and the
result was so declared.
Thus 19 of ll counties have already
dcolared against the dispensary sys
tem and in 20 others thero has been
no election. Two counties have stot.d
by tho dispensary, Florence and FjJr
field. IQ several others tho people
want eleotlons bub aro being kept
from an expression of their views.
Those counties whloh now havo dis
pensaries must contribute of their
sohool fund to the counties In which
there are no dispensaries unless an en
tirely new system be.enacted.
MurtlcvorH Hung,
litst Friday morning Jenkins Bur
rows and Arthur Williams, two negro
murderers, were hung at Kingstree.
Tho negroes were convicted of the
horrible murder of Mr. Julian Wilson
on tho 13 of last october. It will bo
remembered that Mr. Wilson was In
tho store, where he was employ?d tn
manager alone, having rooms on the
second floor. Ono of the negroes en
tered through the baok dor, crept up
behind him and brained him with a
heavy wooden prop used under the
axle of wagons when greasing the
wheel*. The bloody wood was found
in the yard tho following day. Both
the negroes woro convicted on the
strongest possible ovldoncc, there
having been no eyewitnesses, but
maintained to tho end that thoy did
not commit tho orlme. Both said,
howevor, Just before going to tho gal
lows, that they were ready to dio.
INMATES BUMED.
?iKVKNI'I'lvV PUUSON8 GO DOWN
IN A ?>101<3 > nc
Twelve Beside, oes Undermined by
Hay riggers in Making
Pr ck.
On Tuesday night of last week at
llaverstraw, N. Y., st venteen por
sons wera mlssln? and aro believed tc
have gone to tholr d )ath when th lr
toon houses on lt ckluiid street top
pled over Into a pit sixty feot deep
which had beon cut by olay diggers
In conrecticn with tho brick-making
industry there. Tr?01voof tho per
sons missing were occupants of the
fallon houses, live were amoug the
rescuers who went to the aid of
neighbors, after the iirst house foll
and wero carried down when the 12
?ther houses went orashlng over the
pr c pice.
Tue wreckage q ilokly caught fire
md those who worein the ma^s were
dither cm bcd or burned to death.
Tu-sday night there was gravo fear
uf another CAVO in along tho s>me
street and the occupants of seven or
sight houses have moved away.
? thors aro keeping on all night vigil,
ready to alarm t'^clr neighbors lu case
of Impending danger.
The missing Tuesday ufght, all of
whom arc believed to bj dead, aro as
foll.)W8.
Occupants of bouses, Harris Nel
iou, a merchant; Henj&miu Nelson,
lils son; Mrs. Silverman and young
ion, Obarles Ooben and wife, John B.
Heauchainp, A Provitca and daugh
;er, Abraham Dias; in the rescuing
in all night vigil, ready to alarm
ire, Bartley McGovern, Mrs. M. Jos
?ph Dalley, Kev. Mr. Aldon, a Jewish
abbi.
Thc landslide which carriod away
ihe 13 houses was causod by tho fati
ng in of tho bank thder whloh the
?xcavators c f the brick manufactur
es had been working for a number of
rears.
When the breakage occurred In thc
eng line of land which formed the
ragged edge of Rodkland Street, ono
louse toppled over Into tho pit with
ill who were living within Its walls.
Tho other ocoupantsof the houses pro
>arcd to leave homes in tho face of a
illndlng snowstorm A number of
>Qoplo who llvcdi nearby rushed to
?heir aid and were assisting them In
retting out when 12 more houses
went down carrylrg with them not
>nly the families wno occupied them,
nit also several of thoso who had gone
io Uielr?i&Jfiti >??ai
me?nW^*?s' st i
buildings and firemen came from
niles arou id but when the landslldo
icourred lt broko the water main,
thus cutting olT tho entire supply.
?Tuesday night relatives and friends of
thoso bujrled beneath tho ruins are
itill watchlrg. as they haye been all
lay, for bho oodles of the dead to be
Drought out.
MANY OF?ICK? VACANT.
Che General AHBtMnU'.y Will Fill lin
portant Pliioeu.
Mire elections will bc held this
.ear by the general assembly than
iBual. There are vacancies occurring
ID six of the judicial circuits and tlu
?hlef justice of thc supreme c nlrb ls
iO be elected.
Ol ojur.se much Interest will centre
n the election of tho three dispensary
llreotors and the S^ato libar?an ls
ilse to be elected. There aro two
raoanolcs on the board of penitentiary
lirectors.
New membars must ba elected on
ihe boards of trustees of South Caro
Ina eolloue, Clemson, Winthrop, the
Jltadel and thc State colored college
it Orangcburg.
Chief Justice Y. J . rope's torm ex
pires this year and a sncois^r must
ne chosen to serve eight year> J ustloe
l\>po ls lilllng an unexpired tem. The
judges of tlio circuit courts whose
terms expire and their respective c r
jults are: C. G. Dant/lor Iirst; James
Aldrich, second; lt. O. Purdy, bbirr'
lt C. Watts, fourth; G. W. Gage, six
th and J. 0. Klugh, eighth. These
judges serve for four years each.
Tue term of State Commissioner W
D. Tatum expires, and also thc term
Df chairman of the bond of dispensary
llreotors, H. El Evans. Tho terms of
the two directors, J otm Hell To will
ind h W. Boykln, also expire. The
term Is two years.
Successors to J. A. Wlngo and D
D. PcUrlfoy of the board of poulton
Hary ault be elected to servo two
years oaoh. Tho State librarian must
bo chosen for a terni of two years
Miss LiBorde being tho incumbent.
The c diego trustees whoso terms
expire this year fjllow, all being cleo
tod for six years each:
Sc ii th Carolina College-W. T. 0
Hates, J. Q. iUvls. August Kohn.
Clemson- W. I). lOvans, A. T. Soay
the, L. A. Sease.
Winthrop E S. Joynos, W. J
Rockley, A. M Leo.
Citadel -J. J, Lucas, B. M. nivtho,
State Colored College- W. ft Low
man, I) .1 Biadham.
Thero are plentv of candidates out
for thovarlcuii.lllcesandtho.ro will
bo lots of log rolling beforo next Tues
day or Wednesday, when the lucky
ones will gat the plums.
(Jhnatoil iii? Mallow.*.
Bicker Glass, a negro con lined fn
S 'lmi, AU., for tho murder of K E.
Allen, a young white man, and senten
ced to hang January ll)tb, cheated
tho gallows In a daring dash for liber
<.. rii,,nn?i<... \? . orhlAh hfl ",oa ahnt irs
ty lUCSUay, ... .....v,.. ..v. nr?? ouui
death tiy deputies. Tuc negro tiled
olf his /'anaolcs with a shoo iron and
tried to wrest a rovolvcr from a guard.
Two men were required to ovorpowor
the nogro and ono deputy shot him at
the risk of tho other's lifo. The daad
negro was namod for Bookor Wash
ington. Tin dinner plates woro found
folded ovor his heart when tho body
was examined.
HAVE MET AGAIN.
Both Branches of the Legisla
ture Convened Tuesday.
WHAT HAS BEEN DONE
In the Mouse and tin Senate Since the
Session Began in thc Way of
Legislation. Governor Ho
ward's Alessgge Read in
Both lions'H.
Tho General Assembly of S JU th
'.w .Una mot In annual session on
Tuesday cf lust week. Tho whole
lay was taken np In organizing and
tearing tho Governor's m :ssage read,
rho message ls a long document, and
Ike all State papers prepared by Gov.
ley ward, ls clear aud to the point.
Phe most Important subjeot lt treats
s the dlsp neary. Tho part of tho
aussage bearing oh this subjeot is
.rioted in anothor column.
THK HOU8K.
Ia the House of Representatives
!.lerk Tom ?. Il ?mor oalled tho roll
nd announced that a quorum was
resent, and Speaker M. L. Smith I
ailed upon the Rev. Mr. Pratt to i
pen tho proceedings with prayer. t
Speaker Smith made a brief open- t
ng address, and said he would titer
io suggestions as to what ought to be *
one. Tho members arc fresh from t
he people and know what they want, C
ut he felt that if tho same hroad fi
omorvatism and liberality oharac t
or./, id tho action of tho members 1
hat nothing but success would
rown the work of tho General As- I .
embly. I I
Announcements were then made
hat several nowly elected members I
rere present ready to bo sworn In. c
?ho new members sworn In Tuesday t
re:
IO Marion Ruoker, of Anderson.
Wm. Anderson, of Cherokee. I
A mold us Vaudor Horst, of Char- i
?ston. t
Mr. Hobbs's eleotlon has nob yet i
een declared, and as soon as the
lection is declared ho will cake the fl
ath. 1
Messrs. Whaloy, Doar and D. O. I
lerbert wore appointed to notify tue 1
WWMK*'-'-y*- \
ommunloatloiiH. t
Messages were exohanged between i
ho Senate and House that eaoh was
cady for work. I
Tue annual massage of Governor I
leyward was read, having been prc- I
ented by Private Secretary Norment. i
?be members gave careful attention (
o the reading.
There were only two new measures
ntroduced tho Urst day. Roth of
he now bills came from.Mr. Toole, of
liken cDunty.
Tlie lirst was a bill to restrict the
lumber of hours of labor in cotton I <
ollls to ten hours, Instead of eleven,
s is the law at present. Mr. Toole
ntroduced a similar bill last year, hui
t was ki Hod. j (
Mr. Toole's second bill was to re li
uoe thc passenger rate in this Stat
o two and a half cents per milo. I.
s now three cents per mile on pas I
enger trains, with no second class,
irbiob arrangement was adoptod by
vay of compromise.
Thc House adjourned, after about
n hour's session, to meet on Wedncs
iay at eleven o'clock.
Thc house of representatives got
lown to business Wednesday and at
acked the calendar with au evident
leslro to kill everything that otme In
ight. Six blils were tabled and with
Irawn by their authors, there were
ccommitted, three had the enacting
lause strlckod out, the parllamentarj
vay of saying that they were "kilt"
nd two wore also killed by being
ndetinitcly postponed.
Speaker Smith announced tho ap
(Ointment of Mr. 10 M. Racker, .lr,
s a member of the committee on wavN
nd means, and stated that Mr. J no.
1. Richards, Jr., would bo the ohalr
nanof that ommlttcc. Tuc following
xetutlve appointments v/ore at.
lounced by tho speaker:
Journal Clerk-Christie Benet.
Hill Clerk W. 1?'. Norton.
Keeper of the speaker's Room
ames N. Pearman.
Mail Clerk-John Sharpe.
Doorkeepers R R. O wings, Hen
louver, - McKinney.
Pages-James FI. Tompkins, 10 irle
doftott, William Martin, John H.
ettrick.
Laborers-William Long, Honry
p.lham, George Ki wards, Caleb lira
?y, Hour rt Chisolm.
A f ter a short debato tho house post
lonod indefinitely the bill presented
)y Mr. Ardroy to soil the State farms.
The vole was 78 to 30, In tho course
if tho debate Mr. Hanks of Orango
mrg called attention to the faot thu?
?5,000 bushels of corn woro raised on
Jicso farm? last year.
Mr. J. H. Watson's bill suggesting
tn increase In the length of terms of
?ircult j ldgcs was killed. Tho bill
mordy provided that tho people be
?Wen the opportunity to vote on this
question.
Ctpt. II i neel !? bill proposing that
pxftoutlon of criminals bo conducted
within tho penitentiary walls was
killed. Capt. Hamel explained that
tho bill was introduced in tho Inter
ests of humanity.
Mr. Lafitte sp ike on his bill "to
make cursing and abusing any one of
another an assault and providing pun
ishment therefor." Mr. LaFltto ex
plained the necessity of having such
a law to prevent poopli from being
Insulted on thc highway and then pro
vided for resenting lt. Tho members
did not see it his way and killed thc
bill.
In tho House on Thursday there
wore eight bills given favorable con
slderatlon, passed eooond reading and
ordored to third reading. They woro
Mr. (JalMuon's, relating to publio
guardians, amending section 2088 of
the code; Mr. 8Abd rv" bill providing
for inspection ^f oils; Mr. D O. Ufr
bert's to autborlzomayors and, intend
ants to designate and dotall policemen
to perform duties of health otlicen;.
Mr. LiFitte's to give magistrates jur
1-, diction in ease ot tho rt of live stook
if value of stolen property does not
exceed $20; Mr. Sandor*' Ml1 against
"buoket shops;" Mr. M W. Walker's'
to proteot boarding housekeepers; Mr.
Laban Mauldln'storc quire county au
dltors to administer oatb to porsonB
making roturo of property for taxa
tlor ; Mr. Priuoe'sblll to author!/.J S.
M. Orr, H. H. Watkins aud others to
dam the Savannah rlvar ab Cherokee
shoals.
Mr. Sanders' bill against "bucket
shops" makes a misdemeanor "the
keeping any room or place where con
tracts are mado for the future delivery
of any s'eoks, bonds, cotton, grain,
meat?, or any othor animal, mineral,
or vegetable product of any kind with
out the seller being the ownor cf the
su ck, bo:id, cotton, grain, or other
article contracted to bo sold, and with
out any Intention ou the part of either
the seller to dellvor of tho buyer re
ceiving thc samo."
TII1C 8KNAT1C.
The Sonate was oalied to order by
Lieutenant Go vernor Sloan, who
made a short addreis after prayer by
bbe Chaplain, Hov. W. I. Herbert.
Formor Senator Hydi lok, who has
been made a Judgo, ls succeeded by
Mr. II li Carlisle as Senator from
?partanburg. He was duly Bworu In
mi was appointed to all those com
mittees on which his prcdcce.ssor
lerved.
A ocmmittco, conslstlug of Senators
Manning, ICirle and Raynor, was ap
pointed to inform tho Governor that
jho Senate was ready for business and
io receive any communication he
night seo lit to make.
It was expected that the bill glylng
die dispensary investigating commit
iee further powers would be Intro
luced Tuesday, but Chairman Hay
laid there had been so'uo mistake in
mrolllng it, and that it would likely
je Introduced later.
The committee met Tuesday after
toon to perfect tho bill. In general
lerms lt will be similar to the original
?solution, except that it will bo in
the form of an Act, aud tho phrase
)logy will bo so constructed as to glvo
die committee delinlto and positive
luthorlty to compel attendance of
/hose summoned as witnesses, punish
or contempt, otc, and in short to
{Ive tho committee those powers, for
rhe lack of which the Investigation
las ht en muoh hampered.
The following appointments were
mnounce.d bc f <ro adjournment: G. K
rloore, Honea Path, Journal clerk; A.
A. Deal, C.dumbi'a, bill olerk; N. O.
Columbia, postal clerk; Andrew
Crawford. Jr.. Columbia, clerk to thc
jresia?WffTDT^v. tntuum, .ie., .mews
>urg; and W. D. Johnson, of Aiken,
jages, and the same laborers who
?erved last year. There 's a vacancy
n tho place of assistant olerk. Gen.
Uemphlll will announce that appoint
neut Wtdnesday, and the successful
nan will likely be Mr. W. W. Mann.
>f St. George.
The Governor's M ssugo was read
ind with that thc business of the day
was completed.
Only ?nd bill was Introduced, that
icing by Senator hates to amend
Section :i,0f>7 ? f Volume I of the Civil
Jode, lt hus roferoi.co to usances'
lens j
The tanings of tho sonate Wad nos
lay was not lengthly. There was only
me discu si?n while the calendar was
peing read. Toe report of tho dispon
iary committee was made.
The two third reading bills to poli
sh thoft of car brasses and to re
1 dre toilets at railway stations were
read.
Tho coso cola bill was rc-comml?ori
\ud there v as, an effort to have Sen
Uor W. IC Johnson's lockout bill
?ade a special order for Wednesday
?jut this fal'.o.i. Senator Hood t H ired
m amendment relating to a change In
bbc code regarding wills hub after a
egal discussion this was killed.
.A ommlttcc was appointed in c rn
leotlon with the presentation of the
portraits g'.vou by Capt. T. G. White
jr ltoaufort. The day set 1B February
1st and the committee consista of Sen
itora Christensen, H."leo and Wftr
ron.
A bill killed wai that sent from tin
nouse Introduced by Mr. Clay, ro
?arding the obstruction of streets bj
railways. H was thought there an
now enough laws to cover tho sub
I ?ct.
A resolution was passed to Investi
.tate what elections arc necessary t<
DO held this year.
President Sloan read a letter fron
Mr. IC S I).ugle, formerly ass!stan
derk, who has resigned. Resolution
were passed accepting lt and Mr. M
M. Mann was appointed to sucoeei
Mr. Dingle.
Tho dispensary committee's repor
ind hill wore Introducid by Sanato
Dh r (Stensen.
In thc Senate on Thursday a hill t
^Ive thc railroad commissioner
moro power over depots was glvei
third reading, and a bill to extern
prot63tlon ovor quail and partridge
until imo received socDnd reading
Several hills wcro ncommitted, a
mong them ono regarding railroa
rates and two rolatlng to tiro klnshl
c f supreme court justices and ci rou
court judges with reference to the
Hitting in eases_
Want tim Job'
Candidatos for places on thc dispel
sary board aro looming up. It is sa
that II. EL ICvnns, Chairman of tl
Hoard, will have no opposition. Tl
candidates for the Obher aro: Mn
John Black, some timo ago hhipplr
clerk at the dispensary; Mr. J. ?
Rawlinson, a mere 1)3r of the h ui
from Richland county; Mr. R. Kulti
Dukes, mon bT of tho houso from C
angeburg county and a son of a fon
or director of the dispensary; Mr.
H. Wyllo of Choster, who Offered f
this pipci once before. Mr. Tow
and Mr. Mjykin will nob stand for i
election.
Arrested.
J. R. Pjdon, an aile,tod agont
South Carolina cotton ro Ills, was I
rested In Knoxville, Tenn., on Tm
for trying to entice lahorors to coi
to South Gu ol Ina. He is said to
representing 12 mills. U
Governor Heyward's Views on
me State Dispensary.
TfiJ BOT SOLUTION
Of die L'quor Qiesll.in If lt h Properly
Conducted, Which Ile Thinks Caa
be Done. By No Means Hope
less Because of Wrong
Doing.
Tho /following are tho governor's
recomi? sudations in full relative to
tho dispensary:
Tho* Only o'oud whloh throws a
shadow over tho atato is the unaat
Isfaofcoty oondltlon of tho dispensary.
3reat dis>atisfaotion baa been mani
fested) by tho people tn many quar
iera. lt exista, 1 believe, because of
uss of confidence resulting from abm
;a in conneoMon with lbs operation.
No one can deny that the present at
nosphere surrounding tho dispensary
s a gravo reduction upon South Caro
Ina, for lt is a state institution, and
iny odium which attaohes to ita oper
itlon - necessarily attaches to the
itate. Nineo your last session a largo
lumber of c unties have voted out
Mapolearles, but I must sa> that thc
rote abolishing thom I take tu be a
ebukf. to the mode of operation rath
:r thau a repuhatlou of the system
tsolf.
In my last annual message, when
lonslderlng tho needs of the dispensa
y, 1 said: "1 ara convinced if this
ystem can bc properly regulated, it
viii ho one of tho best ?solutions of
ho Pojuor question. If not properly
nan&god audooubrolled, its usefulness
viii be at an end."
Despito thc events nf the past year
nd the revelations which hava at
ended, thc investigations of your c m
alttew I am by no means hopeless, 1
Lill bollevo that the dispensary ays
om 1 as many strong points and ad
mirable features whloh commend lt,
mt Iii saylug this 1 am by no means
il!ud$d to Its imperfections.
lt ir,. Imperative for the honor of the
tate that existing conditions shou'd
ie ' mediately remedied, either by
ad. ! ohanges In the laws govoru
rig. ve? dispensary or b> the adoption
f a ifforent system for tho regula
ion i . tho Jiquor quostlon. Tho de
"(C ^ *?'.>. l*?Vs' AA ??0.-.V
.?IO ?uwurfi>v<.t? c Yo?> - Ksistruvj ? (tty
he state that I feel no extended dls
us8kjn ls necessary hore. It is Incum
tent upon your body to give thia mat
er yqur mo3t careful and aorioua oom
Ideratlon. You aro chosen by the
teople to make their laws, and tn
uch a crises as this they will ba sat
sfledipnly with dlrcot and specilio ac
lion on your part.
During thc year that has passed
ince your last session I have given
his question my earnest oonsic?era
lon, hoping to devise some certain
emedles for the evils complained of,
mt have be-m Impressed willi no bet
er solution than was included In the
ecommcndalions I . ade to you last
ear. In ordor that my views may
ie clearly understood, 1 shall call to
four attention tosuc?i extracts from
ny last message as 1 deem neecEsar>
or this purpose. 1 herewith submit
or your consideration the following
ixtraota upon this surjeot with one
'.tange, rn1 mel) : tho abolition of
tounty boards of cmtrol. These are
iga in reeommondo'l lo vou as embody
ng the changes which l.think will
icst serve tito proper regulation of
ihe dispensary system.
"The state c >mml listener should, In
ny judgment, ho thc t dijcr whose
luty lt sh'n d bc to purohase all
uppU?s for the dipponsary. Ile should
io required to make contracts, not
'or any Bpeolllad amount of liquor,
nut for such supplies as may be actu
illy rt quired, such requirements to
nc detormined by the commissioner.'
"BiOh contract made by the com
missioner should rt quire, thc lirm
.untracked with to guarantee the sale
?f such goods as may be ordered ant*
shipped to thc state dispensary, said
guarantee to be entered as a part of
bbc bond, All advertisements f jr bulk
goods should bo placed strictly
?incl absolutely . upon a con pdt I ti vc
basis, by letting lt be distinctly under
itood that the lowest responsible bid
1er shall be awarded tho contract, lt
mould further be thc duty of tho com
missioner to nuke each year, quarter
ly reports ti the state board of dlreo
lor.-i, showing tho amounts contracted
for the previous quarter, Including
thc brands and pi ices, and the names
nf parties from whom goon's arc pur
chased, which roport tne state b.iard
of directors shall have published in at
least two dally newspapers of the
state."
"Tho board should he required to
meet each week at their odlee In tho
state dispensary, to remain In session
as long aa may be necessary for th?
transaction of their buslnc s. Toe
general supervlsl ia and management
of all county dispensaries should bo
in their charge and tlioy should be
specifically onargo.'l with the duty of
seeing that all restrictions governing
tho various dispensarlos should be
strictly enforced. These aro responsi
ble and arduous duties for which the
tnt m bord of this board should rocolve
a salary of not leas than fcl.fiOO per
annum each, ami should ha required
to Hie a bond of not less than $10,
000.
"1 further recommend that thc law
as to tho location of county dlspen
sarles bo amended to rcstrlot them to
snob Incorporated towns and cities aa,
in tho opinion Of thu board of direc
tors, furnish adequate police proteo
timi to the public against disturbances
of tho poseo."
In tills connection 1 might, add that
dispensaries aro now looaled in places
whloh aro without adequate police
proicotion .tomo* in places with ab
8oh;toly no protection. All dispensar*
los so lneafod, in my opinion, should
bo dosed,
Aftor. natu ro rc ft cMon I am con
strained to recommend that the eulin
ty board nf control be ubo?lshedj and
the dispensers appointed by tho otate
board of dlreotora upon the recomda
tlon ol tho legislative delegations of
the various counties.
It should never he the polioy of ?ho
state to force dispensaries upon coun
ties desiring piohtbitlon, nor to main
tain them when lt is tho wish of the
majority of the people to substitute
prohibition ia their stead.
Legislation should bo enaoted at
this sossio.? to free the system from
the abuses whloh have orept in, t)
emphasize its restrictive features, and
to ensure proper compliance with the
strict letter of tho law. This nutter
will cortalnly bo brought to your at
tent-ion at this session of your body.
I SILO rely trust that you will give
lt your most careful consideration
and tint you will, with a reallzittoi.
of your responsibilities make afear
loss and determined effort to ono
such ohanges as will at least relieve
our stato of the reproach which cer
tain features of the dispensary system
havo cast upon us. 1 need not assure
you that in tho discharge of thts duty
I am ready and willing to aid you In
every way that lies in my power.
Tue enfo 0;mont of prohibition In
counties which havo voted out dispen
sarles presents a serious problem. The
present law, as I coustruo lt, makes it
the duty of the governor, whenever he
i8s*tlhlled that thore are violations of
law in Euoh counties, to appoint cou
stables; these constables tc ba paid
from the speoial tax levied for that
purpose During the past year I have
been confronted with many dldlcultlos
beoauso of local conditions and di
verso public sentiment, but havj en
lea von. d to do what I considered my
luty.
My cxpcrlenco in the enforcement
)f this law has convinoed me that
sertaln changos are necessary for the
nutual interests of all conc3rned.
While I believe that speoial otlloers
ire necessary to prevent violations,
iud that Buoh ofllcera ahould be paid
>y tho counties, I also think that
ihese oQleera should be selected bv lo
?al authorities and b? undor their di
eotlon and control.
I, therefore, recommend that In fu
,uro thia course bs adopted, and trust
ou will so amend the la*. The law,
is it now stands, will give risc to BO
ious complications, and these should
JO avoided as much as possible.
(HI i'll AG;? IN 8UMTIB.
iVfiito Mon Commins* Crime That
Calls for Lynching.
A dispatch from Sumter to the
'lov/a and Courier saya the faots in a
li8graoeful atl?ir that occurred In the
I PUP'1 ,mhl jrlliago on Wednesday ba
.-?**.>' ; ')H,,fr>?V'., -1 . .. r?i on whjlo
non who havo . been woricuig *Y'? u<
nhl at timas got drunk and while In
hat condition went to the home of
rlr. John Scott and made a dettrmln
?d (,frort to commit a orlmh.al assault
in a negro girl about 15 years old.
vlio was employed by Mr. Soott as a
m rsc.
Mr. Scott and all tho other adul*
nomb&rs of lils family were at work
tl the mill at the time, and they wore
aider the impression that they could
iccomplish their heinous orime un
nolestcd. They went Into tho house
md locket! tho doors, but the girl
;ould not be made to ylold by th re its
md when they attempted to usc force
die Boroamed so loudly that the men
iBoame frightened and ran ott. Tho
(tri went at once to the mill and
.oportcd tho 8ff>lr to Mr. S.'Ott.
The girl's parents, who are respec
;abie negroes, went bef?te Mag s'rate
Barby and nad a warrant issued for
jho men, but they have left town and
ia vc not been apprehended yet. Tho
'.rime was premeditated, for they
i-rled to indues another young man to
jo with them an assist in tho assault
>n thc girl. This ls a case that oalls
for severe punishment, and If the men
are not captured soon a reward should
bo ottered for their arrest.
Mlmnld ho I'unlflhcri,
A dispatch from Gaffney to The
State says lt seems that Cherokee
must appoar before the public In a
bad light. The lust horror herc ls the
arrest of a white man attempting to
criminally rssault a negro woman, and
failing lo tho attempt shooting her.
The charge ls that Scruggs stole a
Winchester rifle at the Cowpens bat
tle-ground on Saturday and carno back
by Cowpens atation, where ho bought
?orne cartridges. Ile walked on back
towards town, coming b> Tnlckety,
where he attempted to buy some long
onrtrldgcs A negro woman, about
2i.years old, Lois Glover, passed and
Scruggs followed hor for two miles.
Scruggs says that ho mado a proposal
to her whee she cursed him and drew
a pistol from her stooklng and pointed
it at htm, when he loaded his guu and
shot her. She lay In tho road for some
timo before she was found and carried
to her homo. The authorities were
betided abd from tho description giv
en Scruggs was arrested. Ile was
carried before lila victim, who identi
dad him.
Hold Kohbory.
A dispatch to The Stato from
Greenville says Bj Fowler, a truste i
driver or thc Batesyillo M inufaottir
ing company, was held up and robbed
Of .20.20 by two unknown white men
In Court Btreeb near the corner of
Court and Falls street Friday after
noon abtut 2 o'clock. Fowler had
Just r* odved a quanti ,y of goods at
Laurens depot, and was on lils w.?y
with his four-horse team to the
Southorn freight dopot, where ho WA?
to got other merchandise to complete
his load, whoo ho was approached l y
two unknown whlto mon, about 2.r>
years of ago, who engaged him In con
voraatlon for a moment, aftor whloh
they BP I %?d him and beneath the
white canvas rover of his wagon tock
from his pockets tho amount of money
named, all he carried, whloh belonged
to thc llatesvlllo mill.
Killen lilitifcolt
Chas. G. Mnar, charged with cm
bc //.Ung $20,000 from his omployors
In San francisco, Cal., committed
suicide on a Cunard liner just as lt
was entering Now York hp.rbor. Ile
was being bri tight baok from Liver
pool, whero had boon arrested,
WANTED A BOY.
GIRL CAME lN<mO.\D AND THIS
FATHKltGOr MAD.
Used Violence On His TJnweloomed
Child and is Held For
Trial. "
Stepben ??oinbold, of New York,
twenty-eight years old, was up before
the court recently on a charlo of as.
sauting the baby ?Irl that can o in
placo of the boy he desired so much.
Mrs. Helnbold, a ploasant faoecl,
matronly ye ung German was in ocurt
with the baby. She said they had
ueen married throe years and have a
jomfortable homo at 987 S o md ave
um. Tho husband is an upholsterer
ind earns from 918 to 830 a week.
The woman said their marriage was
i love match and that their home was
i happy one until the birth of the
lecemd child, Ave months ago. Tue
lrstborn was a girl. The father wak
llseapointed because the baby was
lot a boy. Ills wife consoled him by
laying the next child might be a boy.
.'Stephen was a good husband, as
<lnd and loving as a man could bc,
in'' 1 saw that ho was greatly
doubled about a son,"said Mrs. Hein
mid. "I told him toat a learned pto
essor at Harlin euld that you oouli
?ave a boy or girl by eating oertain
dads of foul, and I asked him to get
ue tho.se thiugs that aro mostly what
ihe professor called cvrbom c ous."
Then began tho experiment whloh
t wa* hoped would bring an heir to
he Helnbold household. Mrs. Hein
?old had egg nudeln at breakfast. A'
Liooheon she devotod herself mostlj
o pumpernicklo and oharlotte russos
nd at dlnnor she ato schwerbrod un
it her appetite craved for a change
f diet.
The parents wore hopeful of suo
ess until early In May they were dis
urbed by tho published opinion of
Hrector Smith of the central Park
lenaRor.e, who said that from his ob
ervation of the animals In tho Pe.rk
e believed that S?x could bo predo
ermined but that hydrocarbons would
redispose to a boy. Peanuts were
ood for that. Bread and oake3 ant.
uoh thiugs contained albumen and
redlsposed to females.
Tho Hoinbolds saw that they had ,
cen worklug tho theory upside down,
'ho food Mis Helnbold had boen eat
3g was considerably albuminous and
ivorablo to another girl. After the>
ot over their dissapolntraont nhl
barted on the Smith theory and had
eanuts for dinner, luuohcon and
rcakfast.
Kuly in August tho fcoond child
ows was re o jived without re J doing,
iccording to tho woman's story, hi
eoame moody, seemed to lose Inter
st In his family and would not caress
ho seound child t s ho had the first
After a while he would scowl ever)
Ime bis eyes happened to fall on the
aby. Tho baby was ohrlstoned Step
anio, after its father, but ho was
ever heard to mention the name. He
outlnued to hand over all his* waget-,
t i?he end of tho week to his wife, but
ie began to treat her coldly and ?lu
nderstood that tho cause of the
thole trouble was that the baby wa*
ot a boy.
She went to the court and oom
dallied that her l.uibaud had struok
he biby In the face with his Hst, ano
ho was afraid ho might do it some
erlou8 lr j iry. Tao oise was turneo
vcr to Agent O'Connor of tho Ohil
lien's society to investigate. O Cor.
l?r made an investigation, arrestee
ho husband, and he and the woman
old tho story to Magistrate Whitmai
n ooiut. Mrs. Helnbold said that tin
dow from the man's fist made tin
?aby'snose bleed and blaokenel its left
iye.
"Was he drunk?'' aBked the magls
rate.
"No, he doesn't drink. His habits
:te good In everything else, excep'
.hat he can't bear tho sight of the
)aby," she replied.
"That's a very pretty baby. n<
night to be proud of lt," remarket
ihe court as he looked at tho unwel
somcd Infant that the woman held lr
1er arms.
The blue eyed fat infant smllee!
ip at his honor.
"What do you want mc to do with
..our husband?" The magistrate
isked.
"Something must be dono to change
Us mind before ho gets worse Its all
jccaii!>e tho baby was not a boy," she
responden.
Helnbold was asked what ho had
LO say. Ho said he did not strike
tho child with his Hst. lie only slap
ped lt with tho back of his hand.
Tho woman said abo had monoy
?nough to get along without her hus
band for a timo, and perhaps if
no was lockod up for a whjlo he
would became reconciled to the girl
hood of the baby. ?
" I'll hold him Iii SHOO bail for
trial In special sessions," announced
tho magistrate.
The man luid no bondsmnn handy
und was looked up.
To III? mtal HobHloiif..
Tho J lint legislativo OimmitteO
appointed to look Into tho abeged,Il
legality of the proceeding under whloh
tho "biennial ses-dons" amoudmcutto
tho cou 'tltutlon was adopted by the
logislaturo two yoars ago and ratified
hy the peoplo at the general eleotlon
in 1804, Thursday submitted its re
port., lu Ulis dooumenb it I? set forth
that tho constitutional exactions and
rcei o ire monts wore not observed in
tho enaction of this J lint resolution,
and the Joint oommlttoo rooommonds
that tho wholo transition bo started
anew and that) the matter be again
submitted to tl)e poople for ratifica
tion. Tiil.H will postpono biennial ses
Bions or tho legislature a fow years.
AlAiiKlixl by Tram.
At Fido, Pa., Frank Hlnrunui and
John M?rast, employee-* ot a luOai
malt house, wero instantly killed at
German stroot ovosslng of tho Like
Shore railroad Wednesday morning.
Tuc men stepped from one traok to
another In front of a passenger train.
Their bodies were horribly mangled.
SERIOUS m
Made Against Farnum in Connect1
tion With Certain Letter,
WHICH IS P?lNTBl)
Below. And Which Involves Hlgb Dlgpen?
garv Officials, Ihe R.chlsad DId?l
cry and Prominent Mea In a
Scheme io Control a Cer
tain Newspaper.
Thc Columbi* State says quite 6
sensation waa created Wednesday
morning when Senator Miels Chris
tensen ot Beaufort, member ut the
llsponsary investigating oommltee,
mbmlttcd an atlliavlt In v/h'.o'i he
preferred a serious charge, agaln.it J.
3. Farnuro. It will bo recalled that
when Senator Oirlstonsen read the
oommunloatlon a few days ago ho re
marked that it was sumo what Uko aa
expurgated edition. Ho observed the
ibsenoe of doouments to whioh he had
jailed attention in his tilllavlt last
lummer.
Wednesday through Senator Hay
and Mr. J. Fraser Lyon, tho following
Ulla vit, was eil ired to the supreme
jourt:
Uho Stato of South Oirolina, County
of Charleston-In the supreme
Icourt. The S jato ox roi. J. T. Hay
ct al., petitioners, olatntlffs, against
J. S. F*ruum, respondent, defen
dant. Mandamus.
South Carolina, Richland County.
listore mo personally appeared Neils
Christensen, Jr., who bel?g dulv sworn
iiys: Tuat the letters dolivered by th
court to the petitioners are not Wi) or; '
t,h? letters contained in dispensary \
No. 12 tn tho city of Charleston and/'
io which petitioners consider them
solves entitled under the proceedings
?ereln.
That the deponent saw in the eua?
vjday of tho said J. S. Farnum in
laid dispensary No. 12, a letter ot
whim tho following is a copy:
Richland Distillery Company,
Maoou, Qa., April 22, 1006.
Mr. J. S Farnum, Columola, S. O.
Dear Slr: In reference to lerner of
Introduction forwarded to rn* 'om
dolbies, bog to state that op/ ad?
vico of several ol I was . V
.ary
Etlbe, Jr., Mr. Selbles aLe agreed tu
,ake a similar amount. It was uuder
?tood that li mus, Tatum, TowHl, and
[toyLin were also to take stock in thia
i>9por and several other parties who
felt an interest in the welfare of tho
llspeus?ry. For this reason 1 consent
id to take tho ato?le as stated above.
Besides I believe that Mr. Rio J ls a
power In South Carolina and eau be
of much help to us aud also to the
llspensary.
Trusting that I have explatned the
Inatter thoroughly to you, and tha it
meets with your approval.
Yours truly,
Thc R'uhland Distillery Company,1
N. M. Black,
President,
p. S.-Beg to lncloso you the letter.
Sendos taken this amount out of stock
iud paid for lt.
N. M. B.
That dc p ment ls of the opinion
,hat said letter ls pertinent to the.
natters to be investigated by tho oom? I
ralttee. Nells Christensen, Jr. j
Sworn to beforo mo this 9 th day of
January, 1900 B. A. Morgan,
Notary Public, South Carolina.
This is indeed a gravo oharge and
l, may mean imprisonment for Far
num. A great many people Wednes
day expected that it wtutd moan im
mediate tro'ible for the aooused. Tho
court Wednesday afternoon tn_. tho
consulting room deliberated over tue
rut.lt cr and passed tho following order:
"On reading the affidavit herein ot
Nells Christen-An, Jr., dated the 9th
^f January, 1900;
"On matlon ol' J. T. Hay and J. F.
Lyon, attorneys for potltloners:
"lt is further ordered, that said J.
S. F.irnum do show cause beforo this
court at Columbia, S. C., at 10 o'olook
! a. m. on tho 15 th day of January,
i 1990, why he should not be attached
for contempt of this court for failure
tb deliver the letter dcsorlbod in ibo
jtlldavlt of Nells Christensen, Jr.^.ao
required by previous orders herein.
"It is further ordered, that a copy
of this order and also of said alli lavlt
of Noils Christenson, Jr., bo served on
said J. S. Farnum."
"Y. J. POPK,
"Gulef Justice.
' 'Jaom?y 1?. 1000-"
Mold a Gravo,
Tho gravo in whloh Hos the body ot
tho man sho called husband was yes?
terday dduded away by Mrs. V. J.
Dubois, of DJS Moines, for 910 to Mrs.
Mary Dubois, of Denver, whose claim
as wife of tho same man has bee
substantiated by tho courts. WL
the transl cr goos tho Desmois we
man's claim to the body of tho prom!
nontand wealthy Des Moines contrae-1
tor, IO. T. Du iola, who was found to
navo th reo wives, one in Des Moines,
ono lu Don vor and one in New Orleans.
It is said that Dubois also had family
ooiincotlona in New York and Phila
delphia, lt was only that the tit e
might rest with tho legal wife that
tho transfer was made. Mrs. V. J,
Dubois, firmly bellvlng that tho oil
er women wero Impostors, had purni .
ascd tho lot in tho oemetary, and the
possession of tho grave remained with
her until thc courts d?c?ued that the
legal rights rested in Mrs. Mary Du
bois of Denver, and sho then parted
with tho rw>ialns of her supposed hus
band for 540.
Many killod.
A oa^legram from Tokio, Japan,
says that on tho Ith instant an ex
plosion sot tiro to a mino at Ak?ts
on t io main Island of Japan, au<
that 101 persons lort their live?,