The Horry herald. (Conway, S.C.) 1886-1923, March 01, 1894, Image 1
I VOL. VIII.
DOWN ON THE OHAIN GANG. 1
EFFECT OF A SUPREME COURT
DECISION.
Trial Justices Cnmtot Sentence
Prisoners to Hard Rubor?Twelve
Men are Not Necessary to Make a
Trial Justice Jury.
The State Supreme Court has rendered
a decision in the ease of the
State vs. Sam Williams for the county
of Charleston, iu which two very important
matters were settled. One was
mu question its u> uio legal number of
jurors required on n jury in u trial
justice's court, and the other was tho
matter of chain gangs, tho court rendering
a decision which paralyzes such
institutions in this State.
Chief Justice Mclver rendered tho
dpfniou, which was concurred in by
Associate Justice McGowan. Justice
Pope iiled a dissenting opinion.
In setting forth tho facts of tho case
the Chief Justice says that tho defend
oik wus cuargeu wnn carrying u uoauly
and concealed weapon on his per*
Hon ; that he did not donumd u jury
trial, and that tho judicial juHtico seutoncod
tho defondant, Sam WllliamH,
to pay a lino of $2f> or to be imprisoned
in tho county jail and uiudo to perform
hard labor on tho public works of tho
city of Charleston, in tho chain gang,
for tho period of thirty days. From
this judgment tho defendant appoalod
to tho Court of Sessions upon two
grounds.
First?That ho cannot bo punished
except upon a verdict of a jury of 12
men.
Second?That tho trial justico had
no jurisdiction to impose a greater
,sentence than thirty days' impriscnfc
ment, and so much of tho sentence as
requires tho defendant to work on tho
chain gang is void in law.
Both of tho grounds of appeal wore
sustained by Judge Izlar, and from his
opinion tho solicitor appealed. Tho
grounds of tho appeal are substantially
tho same as those heard by Judge
Izlar.
The Chief Justice devotes ten >>uges
of eloselv written matter tn the dmrnu
sion of tho question of the legality of a
jury of less than twelve men, and goes
into quito an cxtonalvo history of the
trial by jury in this State and the constitutional
provisions in that matter,
so far as the State is eoneorned. lie
concludes by saying: "So that it
seems to us that the General Assembly
still has the power to provide for the
trial of any person aeeusod of an offence
within tho jurisdiction of a trial
justice by a jury composed of a less
number than twelve persons, and that
the circuit judge orrod in holding
otherwise. It is observed that tho
provisions of Section 10, of Article 1,
of tho present Constitution do not seem
^ to contemplate a trial by a jury, of persons
accused of tho offence there provided
for. but tho Legislature, by Section
H.'ll of tho General Statutes, has
provided that such person shall be entitled
on demand to a trial by jury, and
in this case it appears, from tho report
of tho judicial trial justice as incorporated
in tho judgment of tho circuit
judge, that no jury was demanded by
the defendant.
as to tno second question presented
by this appeal, we agree with the circuit
judge that so much of tho sentence
imposed by tho judicial trial justice as
required tho defendant to perform
hard labor on tho public works of the
city of Charleston on tho chain gang
was without authority of law, and is
therefore null and void. As wo liavo
seen above, tho jurisdiction of trial
justices in criminal cases is limited by
tho Constitution, Section 19 of Article
1, to the trial of ofloncos "less than
felony, in which the punishment does
not exceed a lino of $100 or imprisonment
for thirty days." Now it is clear,
as was held in tho State vs. Jenkins,
20th S. C., 121, that tho jurisdiction of
a trial justice is limited by and dependent
upon tho condition : First, that
i 1. ? .. 4 V 5? a I t it l i
HID UIIUI1UU 111 qUDHtlOIl HI I HI 1 DO IOS8
than felony, and, second, that tho punishment
prescribed shall not exceed a
line of $1U0 or im[)risonment for thirty
days. Jf, therefore, either of these
conditions aro wanting in a given case,
the trial justice is without jurisdiction.
But in this caso neither of these conditions
was wanting, for by the last act
prescribing the punishment for tho offenco
which tho defendant was
charged, it was limited, 'to a lino not to
exceed $100 or to imprisonment for a
term not exceeding thirty days." See
act of December, A. D., 1892, 21 Statute
911. Now as was hold in tho State vs.
Hord, 8th S. C., 84, atlirmcd in ex pario
Bond, 9 S. C., 80, " wherever imprisonment
was a punishment in whole or in
part for a common law offence, or proscribed
for the violation of some statutory
enactment, it took effect by commitment
to and dotention in the common
jail or tho prison of tho county."
This may bo regarded as an authoritative
interpretation of tho proper signification
of tho torm "imprisonment,"
.... ... u 4V.A
nr> uruu 111 mu vyuiiniitunuu.
Accordingly it was hold in that case
that a person convicted o fa rnisdomoanor?assault
with intent to kill?could
not he sentenced to confinement in the
State penitentiary at hard labo.* unless
such punishment had boon described
by some statute substituting that modo
of imprisonment in place of tho ono
which had always existed in the State.
In view of that decision, doubtless, the
General Assembly passed tho act of
187H, now incorporated as Section 2,(115
of tho General Statute#, declaring that
" in every case in which imprisonment
is provided in whole or in part for any
crime, such imprisonment shall bo
either in tho penvtentiary with or without
hard labor, or in the county jail
with or without hard labor, at tho discretion
of tho circuit judgeannouncing
tho sentence. But this provision by its
terms applies only to the Court of Sessions?a
court of general jurisdiction?
and cannot apply to a court of inforior
and limited jurisdiction, for surely it
Eiiflv ho contended that tho LegislaA
by a mero statuto enlarge the
r ? of tho word 'imprisonment'
f lii/m.T* a the (Constitution, especially
wfiOro it is thei*e used as ono of tho
limits to tho jurisdiction of an inferior
court.
' So that we think itclear that tho act
of 1885, as amended by the act of December
20, 1892, 21 Statute 22, under
which tho power is claimed to add to
tho sentonco of imprisonment the requite
ment of hard labor on tho public
works of a city or county insofar as it
purports to confor upon a trial justice
the power to add a sentence of im{iriaonuaont,
the requirement of such
mrd labor inUst be regarded as uncon
jj
stitutional and void. It is very manij
fest that this additional imposition exceeds
the limits proscribed by the
Constitution in donning the jurisdieti
>n of a justice of the peace, 'or other
otllcei'8 authorized by law.' and hence
the trial justice in imposing this additional
punishment upon the defendant,
aetod without the authority of
the law. and hence so much of the
soutenco as exceeded the prescribed
limits must be regarded as null uiul
void.
?? Tl.? *?-! - ? ? 11
J. Iic juu^iuuill ill HUH I'Ulll'l IS tlllll
so much of the judgment of tlio circuit
judge us adjudged that tho defendant
was entitled to u trial by twelve men
bo reversed, but that so much of said
judgment as adjudged that so much of
the sentence imposed by the judicial
trial justice as required the defendant
to 4 porform hard tabor upon the public
works of the city of Charleston in the
chain gang,* was null and void, be affirmed,
and that the case be remanded
to the Court of Sessions for the county
of Charleston, with instructions to confirm
the sentence as herein modified."
In a separate opinion Associate Justice
Popo says that ho finds no difficulty
in reaching the same conclusion us
the other members of the court from
the lirst grounds of the appeal, but regrets
his inability to concur in the
chain-imnir nnil li'll"
proparo an elaborato opinion. 11 in
chief ground for differing is because it
seems to him that the word " imprison*
ment" should b? construed us to include
the employment of the person
convicted during his imprisonment.
Tho sentence doos not provide for any
longer term of imprisonment than
thirty days, nor in any other place
than tho county jail; but it provides
that he shall bo employed while so imprisoned
in tho publfo works of tho
city.
in this he saw no incompatibility
with the provisions of our Constitution.
Ho argued by inference that supposing
a genoral law were passed requiring
that persons sent to the county jail
should bo employed by tho Sheriff
while so confined in knitting socks or
platting mats, he apprehended that
such a law would apply, and would bo
considered as included in tho sentence
4 or imprisoned for thirty days in the
county jail.' What difference should
it make if the Trial .lustier* Ret.uu.llv
included in his sentence 'or bo imprisoned
in tho county jail to be employed
while there in such work as
prescribed by tho statute of this State,
under tho direction of the Sheriff." If
that conclusion bo just what illegality
can be said to attach to a sentence of
imprisonment for thirty days at hard
labor in a chain-gang on tho streots of
tho city of Charleston on the public
works of that city, such sentenco being
in coniorniity t<? an Act of tlio General
Assembly of this Stato. It is difficult
for 1110 to see any dilTorenoe.
/IFTEll T1II-] l'KDDIilOHH.
A Iiaw Authorizing a Tax to He Fixed
on Them in Each County.
Tlio last session of the Legislature
adopted the following interesting law
regarding the licensing of peddlers,
eacn county being authorized to fix the
amount of the license :
Section 1. He it enacted by the Senate
and House of Representatives of
the State of South Carolina, now met
and sitting in General Assembly, and
by the authority of the same, That on
uud after the passage of this Act no
person shall, as hawker or peddler, expose
for sale or sell any goods, wares
or merchandise in any county in this
State unless ho has received and is
ready to produce and exhibit a license
from tho Clerk of tho Court of Common
l'lcus of such county so to sell or
expose for sule goods, wares and merchandise
in said county.
See. 2. That said clerk shall issue
licenses to hawkers and peddlers, to he
good in his county until tho last day of
December next after tho date of its issuo,
upon receiving from tho applicant
such tee or fees thereof as tho county
commissioners shall at their first meeting
in January after tho passage of this
Act, and thereafter at their first meeting
in January of every year, establish
and fix liconso fees for hawkers and
peddlers in their County ; and it shall
ho the duty of tho county commissioners
to llx and establish the said license
fees in tho several counties of this
State. And each license shall specify
tho sum paid thereof and tho privileges
, ? 4.1 1
griiutuu niuruoy.
Sec. 3. It shall bo the duty of ovory
trial justice and ovory constable and of
tho shorifT and of his regular deputies
to, and ovory citizon may, demand and
inspect tho license of any hawker or
peddler in his or their county who
shall come under tho notice of any of
said otiicors, and to arrest or cause to
bo arrested any hawker or peddler
found without a good and valid license,
and to bring such hawker or peddler
before tho noarost trial justice to bo
dealt with according to this Act.
Sec. 4. That tho provisions of this
Act shall not extend to vendors of
newspapers, magazines, vegetables, tobacco,
provisions of any kind or agricultural
products, or to sales by sample
by persons traveling for established
commercial houses, but :nd
and apply to vendors of every other
class and kind of goods, wares and
merchandise, and to sales by sample or
otherwise by such hawkers and peddlers
of stoves, ranges, clocks, lightning
rods, sewing machines, pianos or
organs.
Soc. 5. That any person or oflleor violating
any of the requirements or duties
imposed by this Act shall, upon
conviction, bo guilty of a misdemeanor
and shall bo fined not more than too or
imprisoned in uie county jail not more
than thirty days for each and every offense.
?The town council of Yorkville, in
bohalf of the citizons, has extended
tho hospitalities of the town to
the authorities of the South Carolina
Military acadomy for tho next summer
encampment of the cadets of that institution.
The Uaptibt High school
authorities have tendered the use of
their grounds in case the invitation is
aceoptod.
?Congressmen Wilson and Tarsnoy
arrived last week at Agua Callents,
Mexico. Mr. Wilson if far from woll
as yet, and was feeling so badly that
the party decided to stop over two or
three days to give Mr. Wilson tho
benefit of the hot baths.
CONWAY, S. C, TI
WHITE ON THE SUPREME BENCH.
THIS LOU IS AN A KKXATOK IS COXF1KMIS1)
PltOMPTLY.
HIh Nomination Whs a (Jront Stirprise?Tlio
Democrats arc Unanimously
Satisfied.
Washington, Fob. 19.?President
Cleveland to-day nominated Senator
White, of Louisiana, to the vacant
seat on the Supreme lionch of the
United States, and the Senate promptly
continued the nomination, which
I'lllllM ill I llil l?itllt.a i^t .? ...
...v .?* v>iv> kuvui v vi tv nui |/i lO\j iv1
tho Senate. All sorts of rumors woro
ulloat during tlio morning rolativo to
this appointment, in which the names
of Senators Gray and Faulkner were
mentioned, but not that of the
Louisiana Senator.
Mr. White did not come to tho Senate
to-day, and tho fact that ho was at
tho White 1 louse this morning, where
ho doubltess received tho news, constrained
him to absent himself from
tho presence of his colleagues. Ho is
a lawyer of marked ability, in tho full
vigor of life, and will bring to the
Supreme Court a valuable knowledge
of tho intriea ies of practice under the
civil code, or code Napoleon, as it
prevails in the Louisiana courts, which
will bo of groat sorvlco in disposing of
eases arising in tho courts of that
State.
Edward Douglas White was born in
Parish of LaB'ourcho, La., in November,
1845, and was educated at Mount
St. Mary's, Md., at tho Jesuit College
in New Orleans and at Georgetown
College. IIo served in tho Confed
oruto army, and after the close of the
war, was licensed to practice law by
the Supreme Court of Louisiana. In
1874 ho was elected a State Senator,
and was appointed four years later
Assoeiato Justice of tho Supreme
Court of Louisiann. He was elected to
the Senate to succeed James 11. Eustis,
and took his seat March 4, 1891. His
term does not expire until March 3,
1897.
Tho nomination of Senator White
was a great surprise to tho members
of tho House, hut was favorably commented
on by every one. The members
from New York did not enter into
any lengthy expression of opinion, hut
Messrs. Cockran, Strauss and Tracoy
agreed that New York had got out of
it all she was entitled to. Mr. Cuinmings
expressed his gratification over
the appointment, saying that Senator
White's nomination was an exceedingly
good one. "There is nothing sectional
about an appointment to the
Suj >reine bench," lie said. Southern
members were particularly well pleased
with tho choice, and oxchunged
congratulations with one another.
Senator Whito know nothing of tho
fact that the President was considering
his name until yesterday evening
when the President sent for the Louisiana
Sonators. Mr. White called at
tho White House accompanied by Mr.
vi i 1?T
v^iuitij ni w w uiui;i\ i\uu I CIllllI IIOU II)
conforoneo with thoPresident for more
than two hours. Tiio President for
the first time informed Mr. Whito of
his intention. Ho said he believed he
had all the qualifications for a member
of so distinguished a court, and
asked the Senator if he would accept
the pluee. The profYor came so suddenly
and carried with it such a
change in Mr. White's personal plans
that ho asked for time to consider,
agreeing to give a positive answer todav.
Mr. Whito, accompanied by his colleague,
again, called at the Executive
Mansion this morning at 9:30, and as
ho crossed the threshold was still undetermined.
An hour's talk with Mi*.
Cleveland, however, decided Mr.
Whito and at 10:30, having said that
ho would accept the nomination, Mr.
Whito left the Mansion. Ho did not
go to the Capitol, but returned to his
rooms, Mr. CalTery proceeding to the
Senate.
Within an hour from tho thne the
nomination was sent in, Mr. White
had boon confirmed and the President
notified. As soon as tho doors wero
plrmAfl Mr Pnrrli 11 nn
? ??h'* ??'?*"
ination, and asked that it bo immediately
considorod. This was agreed to.
Ho spoke highly of the nomination,
and said that it was a happy solution
to tho trouble. Tho fourth judicial
circuit, consisting of tho States of
Maryland, Virginia, West Virginia,
North Carolina and South Carolina,
and tho Fifth circuit, composed of the
States of Georgia. Florida, Alabama,
Mississippi, Louisiana and Texas,
made even States of tho Union, and
had no iustico of tho Supremo Court,
while tho small circuit composed of
tho States of Ohio, Michigan, Kentucky
and Tennessee had three judges,
Harlan, Brown and Jackson, lie believed
this Southern eireuit was. entitled
to it, and was glad tho President
had solcctod Mr. White. Mr. Pugh
then moved that the nomination be
confirmed.
Mr. 11 oar of Massachussotts seconded
the nomination, and speaking again,
later on, said ho was pleased to see
that young blood was to be infused into
the Supremo Court. lie disliked the
idea of nominating old men who could
not give the country, by reason of old
ago and physical infirmity, the full
benefit of their sorvices. Of Mr.
White's legal ability he had the highest
rogard, and was glad tho President
had made a selection upon which tho
Senate could agroe.
Mr. Teller (Hop.) of Colorado concurred
in what Mr. Hoar had said, and
then proceeded to enunciate the nrin
ciplo that tho Senate was charged
with a duty in connection with nominations
independent of tho acts of
tho President. Tho fact that tho President
had mado a nomination carried
but little weight; tho Senate was
called upon to uct as it thought best,
independent of the wishes of tho executive.
SENATOR HILL SPEAKS.
In viow of Mr. Hill's attitude in roforonco
to the two nominations that
failed of confirmation, what ho said
to-day becamo interesting. He spoko
in full, as follows: 4*I rlso for tho
purpose of seconding tho motion of tho
distinguished chairman of the judiciary
committee. Representing, as 1
do, in part, the circuit in which the
vacancy oxists caused by the death of
the late lamented Judgo Blatchford,
and to fill which tho nomination just
reported has been presented to this
body for its consideration, a few suggestions
on my part at this time may
not be inappiopriato. Permit mo to
remark at the outset that this nomination,
from a personal point of view,
1URSDAY, MARCH 1,
Is entirely unobjeetionublo. The
nominee is able, experienced and sutifaetory.
He is personally olTonslvo to
no one. Ho has not been involved in
any factional dissensions, and he possesses
tho confidence of the Democratic
party of bis State, to /vhich he
is proud to belong. He has not antagonized
any regular Democratic organization,
and every Senator around
this circle knows and respects him.
He is not without judicial experience,
having for two year creditably served
upon the bench of the Supreme Court
of Louisiana, and his selection will
prove acceptable to the bar of the
United States and to the people.
" While it is true that Judge White's
selection is most admirable, and one
which 1 most cheerfully aequiese, it is
perhaps equally true that the people
of Now York in their local pride will
regret that the President did not see
lit to make a satisfactory appointment
from the hundreds of competent lawyers
and distinguished jurists in that
great State, whose nomination would
?. i?i ? '.
iiinr |iruvUKC(i Il?> opposition, JUKI WHO
would have adorned tho highest court
in tho land. It may bo assorted as a
fact that almost any one of the forty
judges of the Supreme Court of Now
York State or any one of tho present
Fodoral judges there residing, would
have boon ueooptablo to the Senate,
had the President in his wisdom scon
fit to honor any one of them by a noin- '
iuation. There was no dispute upon '
this point, but the President's choice, ,
in his opinion, seemed to have been '
limited to a seloct few for reasons l>ost j
known to himself. 1 do not propose on j
this occasion to add a single unpleasant
remark to the unfortunate contest
which has occupied our attention for (
the past six weeks over the two nominations
which the majority of the Son- j
ate regarded as unsuitable and objeo- j
tionable. 1 do not retract a single
word which I urged in successful opposition
to their confirmation. These
contests have passed into history?
there let thorn be judged. 1 believe
that the State of New York was entitled
to the judgeship, and had the
Senators from that State heen consulted.
as they properly should have
been, and as courtesy and usage required,
a satisfactory selection from the
numerous ominont members of tho bar
of my State could have easily been made. ;
You well know that the Senators from j
Now York had no candidates of their j
own. Their action was not influenced
by disappointment. They pressed no I
favorites of theirs upon the attention j
of the appointing power, whatever
action they took was impelled by their ,
self-respect, and their loyalty to the |
people's interests which they repre- 1
seated, and to tho regulur Democratic !
organization to which they belonged. I
"Tho President, in tho exoroUo of |
the discretion which the' constitution
vests in him, has seen fit to go out- !
side of New York and outside |
oi me circuit where tlio vacancy j
occurred, and has honored the Senate
by the appointment >>y one of its dis- I
liiitfuished members from the fur distant
State of Louisiana, and while this
action may perilapa, justlv bo regarded
as a slight to New York and to our
circuit or a reflection upon its distinguished
judiciary, any member of
which would have adorned the highest
Federal court, yet we may congratulate
ourselves that so admirable a
selection has been made, and relied
that, after all, the question of locality
or resldenco is a matter of little consequence
compared with the other
considerations involved in the choice
for so exalted a station. 1 am entirely
satisfied with the outcome. It is with
pleasure, therefore, that I "express my
desire that this nomination should l>e
confirmed at once."
Mr. CalTrey concluded tho speeches
with a brief tribute to the worth of his
colleague, and expressed tho pride his
State would take in the solection made
by the President.
The voto was then taken, and Mr.
White was confirmed without a dissenting
voico.
? PROGRESS
OP THK SOUTH.
Capitalists and Home-Seekers Are
Again Coming lliis Way?Factories
Are Resuming and Public Works
Are Heginnlng.
liAUTIMOKB, Feb. 22.?'The Manufacturers'
Record, in roviowing the business
conditions of the South for the
week, says :
Special reports from all carts of the
South ?how u revival of conlidenco and
a general expectation of a steady improvement
in business in ull lines near
by. There is a broadening out of business
interests, factories are gradually
resuming operations and the inquiry for
machinery for improvement of old
plants as well as for now ones is larger
than for six or seven months.
During the past week thoro have
been many evidences of the way the
South is attracting the attention of
outsiders who are looking for desirable
investments as well as homes. An un'
usual number of excursionists from the
j North and West, carrying capitalists
' and homescckcrs, iiave been inspecting
| mineral, timber, farming and factory
I lands in Arkansas, Alahuma, Mississippi
and Texas. . A large party of coal
operators of Chicago and other Western
cities have been examining Kentucky
coal iields with the view of handling
Kentucky coal on a large scale and
also of investing in coal properties.
At Norfolk a belt railroad, a warehouse
and compress company and sovj
oral other now enterprises are taking
shape. At Atlanta a $500,000 company
lias lioon formed to ongage In establishing
country banks wherever good openings
are found. Among other important
enterprises reported for the week
is a $500,000 cotton mill in South Carolina,
an 11-mile canal in Florida by
Haltimoro capitalists, an extensive
coke plunt in southwost Virginia, a
$125,000 coal company in Kentucky, a
$90,000 brick and tilo company in Mis
SlSBtppl, CtC.
There is an increasing demand for
municipal improvements noted and
during the wook a number of contract*
were let for soveral sewerage systems,
water works and electrio light plants.
?San Francisco has made a groat
success of its Mid-Winter Fair. The
attendance is large and comes from all
parts of tho country. The exhibits
are many and various, and the general
arrangements are said to be admirable.
The total outlay for this fair was only
$o00,000 and yet results have been accomplished
which are the admiration
of all who behold them.
1894.
THE NEW MILL IN OOONEE.
COl' I IT ION A Y >1A MIACTU III N?
COMPANY.
A Northern Mstlinuto of I ho Work
Done ui Nowry?8olhl I'lans and
Substantial ltesults.
The Boston Journal of Commerce
gives tho following description of the
new cotton mill which is now a)>out
receiving its machinery, and recently
erected hy the Courtenuy Manufacturing
Co., at Nowry, Oconee County, S.
(' 'IM.Iu ...... ..f *?w. > -
w. A (IIO ??? 1/IIIJ UIIV l/l fcUU > VlllUable
undeveloped water powers in the
South, und a glunco will show its great
value for a cotton mill site. Work
wuh first undertaken (clearing the site)
in May last, hut it was not until July
that any progress was made. It was
in a sparsely settled and unfrequented
corner of the county : labor had to be
brought there, shelters built for them,
and in fact all the primitive conditions
of the distant border luul to be dealt
with : machinery for brick-making and
other purposes hail to fco transported
from distant points, one and a-luilf
miles of railroad must be graded and
built; the time in receiving necessary
machines and material took three, four,
and, in some cases, live weeks after
date of bill of lading.
The mill sit? is on Little river, water
of Seneca river, on the southeast side
of Oconee County. The building is of
brick, and presents an attractive appearance.
and is certainly in strength
and finish one of the best specimens of
brick masonry in the South.
Little river, from which the water
power Is obtained, has its sources in
the foot hills of the Blue llidgo mountains.
and with its numerous tributaries.
though small in size, drains an
extensive area of territory largely covered
with forests. This insures a constant
flow of water, even in seasons of
protracted droughts. This feature of
the river is known us such from the
earliest settlement >f this part of the
State, and is highly valuable for mill
purposes, presenting, as it does, the
great advantage of a normal storage of
water at all times and avoiding the expense
of creating a storage system.
'Pi.., t ?i.~ i ? ?? *
1IIU nvur 111/ HID IUIVUHU SlUgO ?)I Willi*V
has a volume of 100 foot in width, 21
foot avorugo dopth, and a How of 112
feet, equal to a minimum of 25,000
cubic feet per minute, with a fall of 22
feet, giving a grows of 1100-horse power,
more than sufficient to run 50,000
spindles and 800 looms. The development
of this water power has bocn effected
in solid stone work.
The dam is located at a bend in the
river ahout 150 feet above the northeast
end of the mill. It is built on
convex lines, facing the flow of the
river, and tho ends rest on buttresses
of solid masonry, with continuing retaining
walls of stone, huiltout to high
ground. This form of dam construction,
on the theory of Iho arch, gives
the most effective strength to such
structures. The dimensions of tho
dam are : 110 foot on tho outer curved
lino (the width of tho river is hero 115
feet.) Tho hight is 22 feet abovo the
normal level of the river, hut to secure
solid foundations the dam is from two
to six feet deeper than the bed of the
river, in a part of its extent. The huttresses
rise to a height of .'10 feet,
eight feet above tho crest of the dam.
The continuing wall, on the east side,
is six feet higher than tho crest of tho
dam. On tho west side the buttresses
are of like height, HO feet, and are connected
at tho same height, with the
masonry at tho gates, beyond which is
a retaining wall extending to high
ground, two foot higher than that on
tho east side. The base is 18 feet, and
tho top is six feet, covered with dressed
granite slabs, one foot thick, full
width, laid in Portland cement. Iron
gates of modern design and construction
have been built in each end of the
dam, with five-foot Ludlow sluice
valves and iron liners of tho same dimensions
; those give a largo control
over the surplus water of tho river
during freshets, and keep the pond
from filling with sand, near the point
of tho head gutes. Visitors familiar
j with such works express themselves in
i strong- terms 01 approval or its form
and strength of masonry.
The head gates are four in number,
10 feet high and 5 foet wide, clear water
opening; built in stone and briok
faced to secure a smooth flow of water.
The superstructure is 21 feet in height
from base and connects with tho re- ,
tuining wall. Tho gates have wooden (
guides, strongly bolted to masonry, and j
are made of selected wood, heavily
/rained. Each gate is lifted by means
of an iron rack and worm hoisting
gear ; geared so that one man can lift
each gate. This construction protects
the canal against floods or oxcessive
high water, and also enables tho water
to be drawn from the wheels without
drawing tho water from tho pond.
Tho wheel pits are two in number at
the northeast end of the mill buildit/g.
An extensive excavation, involving
much time and considerable expense,
had to bo undertaken to secure a substantial
result. After removing 12
feet of soil the solid rook was reached,
and nearly (KX) pounds of dynamite
used to blast out this large area to a
depth of more than 30 feet below the
level of the ground. Massive walls of
musonry have been built here and every
pointed up with Portland cement;
in developing this work plans and
specifications, embodying the very
latest thought and experience in such
structures, have have been used. The
j water is discharged through three
: arched openings into tho tail ruce,
: which is 0 root deep at the arches and
i 35 feet wide. This opening widens out
| to 80 feet at the river, giving tho waI
tor free oxit and is enclosed in stono
! walls. Every foundation has been carried
down to bed rock and built in tho
most substantial manner.
In natural advantages Oconee has
great possibilities in material progress,
abounding in water powers,"with
a population desiring employment of
1.?? J 'nut. _ -- -
vim* muu. x iiih new enterprise on
Little river is the only largo industry
in the county, and will have all the advantages
of itfl isolated position, as
there aro no mills ncaror than forty
miles on the east, none nearer than
twenty-five miles on the south, while
on the north and west tho whole section
is available to draw labor from, in
all the region, up to the Bluo Ridge
and to the Georgia lino,
Tho location of tho mill is most
favorablo for obtaining the fino cotton
grown in this Piedmont section, which
nave a reputation on both sides of the
Atlantio, and is a primary consideration
in making the better class of
goods, ft?r which the equipment of this
now mill is designed. Every bulo of
cotton for its supply will como to it on
farm wagons from the vicinity of the
mill.
The power will bo supplied by two
42-inch Victor turbines, on horizontal
shaft, and in one case of stool ; connected
to the pulley shaft direct, and
driving the mill with tiftocn l,aml>oths
cotton ropes.
The product of the mill will consist
of fine sheetings. The whole power
has been developed, equal to over
.iu,ouo spinuies mid wo looms, thus
making provision for the future incase
of neod, and lias l>een more oconomically
acooinplishod now tlian could bo
done horoaftor; the company has,
therefore, in hand the full power of its
property. Of course this outlay,
charged against the present plant of j
10,000 spindles ami 1M0 looms, enhances
the cost per spindle. The present I
building has a capacity of over 15,000
spindles and too looms, and it is the ,
purpose ultimately to till up this
vacant space. When this is done the
cost per spindle, it is believed, will lie
the lowest in the State for water-power
mills.
.lust opposite the mill is a hill 100
feet high. The top is level and sufficiently
extensive for the location of a
reservoir of large size, for fire and
sewerage purposes. This great natural
advantage will be utilized, and serve i
as well for the protection of the mill 1
property and village, as for the health
of the residents.
it is the purpose to conduct the
wilier irom tno springs to the village
for all domestic usch, which will he a i
great convenience to tin? operatives i
and their families. The cottages
erected for the operatives arc bnllt of
wood, with plastered walls and ceilings
of wood, and they are comfortable
homes.
The mill will ho in operation during
the coming soring. In the opinion of
a Now York dry-goods merchant handling
such goods as will he made here,
the entire produet can he marketed ut
remunerative prices as soon as the
mill is in operation, and every effort
will he made to accomplish this.
- ??? ?
llIlOUailT 1118 COMMITMENT.
The Curious Case ol'n Oreenville Man 1
?He Voluntarily (>oon to Columbia
and ItrgiuH a Four Years Term in ;
I lie Penitentiary.
Columbia Uogister, Feb. 21i.
.1. Luther Trammell, a young white
man of Greenville, came to Columbia
yesterday afternoon on the Columbia
and Greenville train. When he irot
off the train ho met Deputy Sheriff
Gilreuth of the same county ami notified
him tiiat lie (Trammell) was on his
way to tlio Penitentiary to enter upon
a four yearn' sentence. Trammell left
Oreonvillo yesterday morning and
brought bis own commitment to prison
with him. He decided to spend last
last night in the city and go to the
Penitentiary to-day. He will hand
the commitment to the prison officials
and will at once begin 1ms sentence.
The story is an interesting one.
Trammell was convicted at Greenville
about a year ago of manslaughter for
killing Aaron Cannon, a colored waiter
in a restaurant. Trammell was sentenced
to servo four years in the Penitentiary.
His attorneys took an appeal
to the Supremo Court and Trammell
was admitted to bail pending the
appeal. A few days ago the Supremo
Court decided against him. lie immediately
proceeded to put his business
in sbapo to come here. II is bondsmen
bad the utmost confidence in him
and did not surrender him. He told
them that he would come to this city
and surrender and they know bo would
do so. Yesterday morning when lie
loft Groonville to coino to this city his
hnnrlumnn lm<l ?-!?
...?V4 UUVII I 111 V II III llllll tllHt
they did not nut jwi officer on the truin
with him. Deputy ShortiT Gilreath
had brought an insane man to the
Asylum on Wednesday and was in the
city. It was not necessary for him,
however, to hare met, Trammell, as
tho convicted man was really not in
the clutches of the law, the time for
his surrender to tho officials after the
decision of the Supremo Court not having
expired.
Trammell was neatly dressed. He
brought a valise with him, as if he
had intended to go away from his home
for a few days' visit. Trammell is an
ex-saloon keeper of Greenville. Since
ho killed tho negro ho has boon
running a distillery in Groonville
County.
There are not many instances of a
man voluntarily surrendering to justice.
Tho only similar ease is that of
Colonel Morrow, who came hero all the
way from Washington without an officer.
Hither of the men, if they had
desired, could have gotten ofT at some
remote station and left for parts unknown.
?Governor Tillman said tho other day
to a newspaper reporter that any sensible
man in South Carolina ought to
knowthat there is no provision in the
Dispensary law for constables to enter a
private residence whithout a warrant,
lie said that before the bill was passed
tho antl-Tillman papers in tho wtsite
had harped on that us a feature of
the law, and had kept it up ever
since. They did it then and are doing
it now, he said, to prejudice tho people
against the law. lie said that no
such orovision was over in tho law and
was never intended to be there ; nobody
wanted it there, and tho whole
thing is lining given circulation for the
pur|>ose of projudice. If tho authorities,
he said, bolieved that a man was
selling whiskey from his house nothing
would be done until a warrant for
his arrest and a search of the premises
was gotten out. Attorney General
Buchanan, in his opinion of this part of
the law, never said anything about the
soarch of private residences.
??? 9 ?
III. M i ^
-? i ui hviiiu rmquirer : uetective it.
H. Dobeon has just recoivod from tho
South Carolina railway company, a
ohook for $500, the amount of the reward
offered by that corporation for
the arrost and conviction of tho parties
who wrecked a train near Lincolnville,
about two years ago. Tho names of
tho train wreckers wore Grant Bonnett
nnd Dick Bruno, both colored.
Bennett died in jail about ten days
ago. Bruno haa alroady been condemned
to death, but it is thought that
his sentence will probably be commuted
to imprltframtnt rot Ufe.
NO 33.
Al'ltn. IS Till': TIMK.
The Alliuncc-Kctorm Convention A
Certainly?(Jovormir rillmun Will
Have Something To Do With the
('nil.
The State, Fob. 23.
There has boon a row going on In
the Reform ranks for some time !*
tween the two factions known as the
Irby faction and the Alliance-Reform
faction. A g??od many have been looking
for it to bo settled and nothing
come of it, but it doesn't look now an
if any such settlement is ever to ix*.
At any rate, the latter faction, headed
by Mr. Bowdon, came out strongly
demanding a March m? Am-ll
lion. Irby uiul his men, after a conference
in Washington, declared just
as strongly against the holding of such
a convention, and Governor Tillman
did the same. Hut he soon saw his
error, glanced around, noticed which
way the wind was blowing and clambered
up on the fence. Well, now, it
can be stated as a fact that this convention,
which the Alliance faction d<
manded, is going to bo hold during the
llrst or second week of April?not
later, and the call is going to be
issued in a few days. And it may
surprise the public to know that Governor
Tillman hus at last decided
which faction ho will attiliuto with,
for he will either directly or indirectly
issue this cull. It will appear that
some kind of a compromise has been
made up. So it hus, but the AllianceI
to form people are the undoubted
masters of tho situation. Just why
this statement is made, the public cumnot
yet know through the columns of
tliin paper. Tho public is simply asked
to wait and see.
Although tho fact that tho Governor
was to issue tiie call lias been known
for some days here, tho representatives
of Tho State wero so situated that
they would not make it public, and
yesterday a correspondent sent out tho
fact from Washington. When Clover
nor Tillman wan naked about it, ho
characterized it as 4' that lie from
Washington," and Haid lie " know
nothing about the calling of a convention
" by himself. This appears as a
denial on the purt of the (Governor that
ho will call the convention, but The
State regards this as merely a ruse on
the part of the Governor, and if ho
does not call the convention directly
he will indirectly do no, and his name
will appear uftlxod to the call.
It can bo further stated, as a pretty
well settled fact, that the convention
when it assembles will make nominations
for a State ticket, which will Ik?
directly against the expressed desire
of the Irby faction, .lust now it appears
that Ellorbc is the'man who will
head the ticket. He certainly soeins
to have the strongest showing of any
of those mentioned. John Gary Kyans
will hardly he in it, if thn situation is
understood correctly. What effect
that will have remains to bo seen.
The situation is interesting to say the
least, und there will doubtless be
further developments of a still more
Interesting nature in tho next few
days.
And as to Irby and his men. Irby
came from IVuuliim't.mo /^.... .1
.. .^...usm/11 IV IUTY UMjrn UgO.
Ho must have recoivod information of
tin? way affairs wore going. It in
stated that ho has boon in Columblu,
imt such is not thought to ho tho case
by thoso who uro in a position to know.
Ho is doubtless at homo watching
tilings with a jealous oyo. But if tho
writing on tiio wall is rcud aright ho
might as well have stayed in Washington
for tho good ho will do to his
sido.
? Ksther Cleveland was christened
at tho White House on tho lbth inst.
Thero was no company invited to witness
tho ceremony and everything was
dono to roll it of display of any kind.
Only the members of tho President's
lioushold witnessed tho baptism. Tho
family party stood in tho blue room
exactly where tho President and Mrs.
Cleveland were married. Dr. Sunderland,
pastor of the First Presbyterian
Church, oflicated and immediately
after tho close of thnnnr?mnnu mo ?v>.?
WM4VMJ ?Vi V WHO
house.
?A monument to Gen. Itobert H.
Anderson wus unveiled on Washing'ton's
Birthday in Bonaventure Cemetery
Savannah. It consists of a large
granite base, surmounted by a copper
bust of Gen. Anderson of heroic size,
tho inscription on tho baso giving his
namo, date of his birth and death, and
tho principle ovents of his lifo. Ho
took a prominont part in the war as a
brigadier general and after its close
was chief of police in Savannah for
twenty-two years, serving as such until
his death in 1888.
-Suit has been brought in Sioux
City contesting tho will of Ex-Governor
Bice, of Minnesota. He left an estate
of $100,000 to a woman who for many
years wus known us his wife, and to
their daughter. It is now claimed
that early in tho 'tMJ's he married a
Winnebago squaw, who is still living
with two children. When the tribe
was moved West by Congress she followed
them with her children, but he
remained bohind and became a political
power and a wealthy man.
?James II. Garrison, car inspector
on the G., C. and N. railroad at Charleston,
S. C., dropped dead very suddenly
on tho 21st inst. Ho was sitting
in front of a burbor shop, and without
a second's warning, fell out of his
chair. He never uttered a word, only
groaning very hard soveral times.
Heart disease is thought to have been
tho cause of his death. Garrison was
a Mason and belonged to Marietta, Ga.
?The wife of i..
_ ...? uvn ifllll*
ister, Madame Fate no, ha* a hard time
trying to accustom herself to corsets.
She finds special difficulty In sitting
upon the floor in native stylo when she
has them on ; hut she is struggling to
become accustomed to stays, as she
likes <the American dross and wishes
to adopt it.
?Thoro aro twelvo scholarships for
South Caroliea this year in the Peabody
Normal at Nashville, Tenn., and
the examination for them will be held
on the 20th of July next in Columbia.
These scholarships are good for two
yoars and are worth $100 a year and
railroad fare to and from Nasnville.
?The friends of Gen. Del Kemper
will be pleased to learn that President
Cleveland has appointed him Consul
at Ainoy, China, and that the Senate
has confirmed the appointment. Gen.
Kemper was a splendid Midler .in the
late war and is an acTOxppllshe4
gentlemen.