Historical Newspapers of South Carolina

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

WAVE MET AGAIN. JBoth Branches of the Legislature Convened Tuesday. WHAT HAS BEEN DONE * (In the House and thi Senate Since the Session Began in the Way of Legislation. Governor Howard's Messsge Read in Both Houses. The Ganeral Assembly of S >uth "Carolina met in annual session on Tuesday (f last week. The whole dav was taken nn In nrtrani'/lnt/ and I hearing the Governor's message read. The message is a long document, arid like all State papers prepared by Gov. Hey ward. Is clear and to the point. F ie most important subject it treats s the disp msary. The part of the nessage'' bearing on this subject is jprluted in another column. the 1iou8e. lo the IIouho of Representatives Clerk 0. llamer called the roll and an need that a quorum was preseni ind Speaker M. L. Smith sailed \ ju the Rev. Mr. Pratt to open tt .proceedings with prayer. Speaker Smith made a brief opnnpg address, and said he would cltsr 10 sulfations as to what ought to be lone. The members are fresh from he people and know what they want, ut he fell that if the same broad pnservatism and liberality characerizid the action of the members that nothing but success would crown the work of the General Assembly. Announcements were then made hat several newly elected members >re present ready to be sworn in. c new members sworn in Tuesday Marion Ltucker, of Anderson, ^m. Anderson, of Cherokee, ^rnoldus Vander llorst, of CharV11, ,i. Dobbs's election has not yet k declared, and as soon ,as the 'on is declared he will take the j Messrs. Whalev, Doar and D. (). Herbert were appointed to notify the Governor that the House had organized and was ready to receive any communications. Messages were exchanged between the Senate and House that each was ready for work. The annual message of Governor neyward was read, having been presented by Private Secretary Norment. Tne members gave careful attention to the reading. There were only two new measures introduced the first day. Hoth of the new bills came from.Mr. Toole, of Aiken county. The first was a bill to restrict the number of hours of labor in cotton mills to ten hours, Instead of eleven, as is the law at present. Mr. Tuole introduced a similar bill last year, but it was killed. Mr. Toole's second bill was to reduce the passenger rate in this State to two and a half cents per mile. It is now three cents per mile on passenger trains, with no second class, which arrangement was adopted by way of compromise. The House adjourned, after about / au hour's session, to meet on Wednesday at eleven o'clock. The house of representatives got down to business Wednesday and attacked the calendar with an evident desire to kill everything that came in sight. Six bills were tabled and withdrawn by their authors, there were recommitted, three had the enacting clause stricked out, the parliamentary way of saying that they were "kilt" and two were also killed by being indefinitely postponed. Speaker Smith announced the appointment of Mr. E. M. Itucker, Jr., as a member of the committee on ways and means, aud stated that Mr. J no. O. Richards, Jr., would be the chairman of that c )mmittee. The following executive appointments were announced by the speaker: Journal Clerk?Christie Benet. Bill Clerk?W. F. Norton. lv:eper of the speaker's Room? James N. Pearman. Mall Clerk?John Sharpe. Doorkeepers?R R. O wings, Ben lloover, ? McKlnney. Pages?James II. Tompkins, Eirle Molfett, William Martin, John B. Pattrink, Laborers?William Lour, Henry Gilliam, George Edwards, Caleb liracy, Robert Ghisolm. , A fter a short debate the house postponed indetinltely the bill presented by Mr. Ardrey to sell the State farms. The vote was 78 to 39. In the course of the debate Mr. Hanks of Orangeburg called attention to the fact that 25,000 bushels of corn were raised on these farms last year. Mr. J. B. Watson's bill suggesting an Increase In the length of terms of clroult judges was killed. The bill merely provided that the people be given the opportunity to vote on this question. O&pt. Hamel's bill proposing that execution of orimlnals be conduoted within the penitentiary walls was killed. Oapt. Hamel explained that the bill waa introduced in the inter* ) ests of humanity. Mr. L\Fltte Rpoke on his bill "to make earning and abusing any one of another an assault and providing punishment therefor." Mr. LaFitte explained the necessity of having sueh a law to prevent people from being lasulted on the highway and then provided for resenting it. The members <iid not see it his way and killed the bill. In the House on Thursday there were eight bills given favorable consideration, passed second reading and order? d to third reading. They were Mr. Callison's, relatlug to public guardians, amending section 2088 of the code; Mr. Sanders' bill providing for inspection '>f oils; Mr. D O. Her , bert's to authorize mayors and Intend- | ants to designate and detail policemen , to perform duties of health oftlcers; , Mr. LaFitte's to give magistrates jur isdlctlon in case of theft of live stock if value of stolen property doeB not j exceed $20; Mr. Sanders' biH against , "bucket shops;" Mr. M W. Walker's to protect boarding housekeepers; Mr. Laban Mauldin's to require county au , clitors to administer oath to persons ! making return of property for taxa- , Mnr Mr Prtnooia Kill tn oiiHn.?l>? . O v?vr? ) J. I I VJ \JK> 11 UXI1 \J\J auuuv/i \U~ kj M. Orr, H. II. Watkins and others to dam the Savannah river at Cherokee shoals. Mr. Sanders' bill against "bucket shops" makes a misdemeanor "the ( keeping any room or place where contracts are made for the future del'very ( of auy stocks, bonds, cotton, grain, , meats, or any other animal, mineral, or vegetable product of any kind without the seller being the owner of the stock, bond, cotton, grain, or other article contracted to be sold, and without any Intention on the part of either the seller to deliver of the buyer re~ , csiviug the same." T1IK SENATE. The Senate was called to order by Lieutenant G )vernor Sloan, who made a short address after prayer by the Chaplain, Uev. W. I. Herbert. Former Senator Hydrick, who has 1 been made a Judge, is succeeded by Mr. II B CirJisle as Senator from Spartanburg. He was duly sworn in and was appointed to all those committees on which his predecessor served. i A committee, consisting of Senators Manning, Evrleaud Ltaysor, was appointed to inform the Governor that the Senate was ready for business and to receive any communication he might see tit to make. It was expected that the bill giving t.lin HlunohDQru i n vnut l.ro t Imr nnmm Ir W?v vuijpvnowi; iu f V/OVl^(4iVI w Lij 1JL11 U tee further powers would be introduced Tuesday, but Chairman Ilay said there had been some mistake In enrolling it, and that It would likely i be Introduced later. The committee met Tuesday after- < noon to perfect the bill. In general terms it will be similar to the original resolution, except that it will be in the form of an Act, and the phraseology will be so constructed as to give the committee definite and positive > authority to compel attendance of those summoned as witnesses, punish for contempt, etc., and in short to give the committee those powers, for i the lack of which the investigation ' has been much hampered. The following appointments were announced bif ire adjournment: G. E Moore, Honea Path, Journal clerk; A. M. Deal, Columbia, bill clerk; N. O. i^iyes, Columbia, postal clerk; Andrew Crawford, Jr., Columbia, clerk to the president; E. Y. Cullum, Jr., Bates burn; and W. D. Johnson, of Aiken, pages, and the same laborers who served last year. There Is a vacancy In the place of assistant clerk. Gen. Hemphill will announce that appointment Wednesday, and the successful man will likely be Mr. W. W. Mann, of St. George. The Governor's Message was read and with that the business of the day was completed. Only one bill was introduced, that being by Senator Bates to amend Section 11,057 tf Volume I of the Civil Code. It has reference to assignees' liens. The budn?ssof the senate Wednes day was not lengthly. There was only one discussion while the calendar was being read. Tne report of the dispensary committee was made. The two third reading bills to punish theft of car brasses and to re (j aire toilets at railway stations were read. The coco-cola bill was re-commited and there was, an effort to have Senator W. E. Johnsons lockout bill made a special order for Wednesday but this failed. Senator Ilood offered an amendment relating to a change in the code regarding wills but after a legal discussion this was killed. A committee was appointed in connection with the presentation of the portraits given by Capt. T. G. White of Beaufort. ,Tne day set is February 1st and the committee consist of Senators Chrlstensen, Brice and Warren. a. resolution was passea to investigate what elections are necessary to be held this year. President Sloan read a letter from Mr. E. S. Dingle, formerly assistant clerk, who has resigned. Resolutions were passed accepting it and Mr. M. M. Mann was appointed to succeed Mr. Dingle. The dispensary committee's report and hill were introducad by Senator Chrlstensen. In the Senate on Thursday a bill to give the railroad commissioners more power over depots was given third reading, and a bill to extend protection over quail and partridges until 1910 received second reading. Several bills were recommitted, among them one( regarding railroad rates and two relating to the kinship of supreme court justioes and olroult court Judges with reference to their sitting In cases. INMATES BURIED. I 8KVENIEEN PKItSONS GO DOWN IN A DEEP i'l C Twelve Feside.ces Undermined by Hay riggers in MakiDg Frick On Tuesday night of last week at Ilaverstraw, N. Y., seventeen pnrjotis were missing and are believed to have gone to their death when thirteen houses on It ckland street top pled over Into a pit sixty feet deep which had been out by clay diggers In connection with the briok-makltig Industry there. Twelve of the persons missing were occupants of the fahen houses, tivo were among the rescuers who went to the aid of neighbors, after the tirst house fell and were carried down when the 12 other houses went crashing over the pr? c pice. Tne wreckage quickly caught tire and those who were in the ma^s were either crushed or burned to death. Tuesday night there was grave fear uf another cave in along the same street and the occupants of seven or eight houses have moved away. Others are keeping on all night vigil, ready to alarm their neighbors in case of impending danger. The missing Tuesday .night, all of whom are believed to bo dead, are as follows. Occupants of houses, Harris Nelson, a merchant; Benjamin Nelson, his son; Mrs. Silverman and young sou, Charles Cohen and wife, John B. Beauohamp, A Provitch and daughter, Abraham Ihas; In the rescuing an all night vigil, ready to alarm are, Hartley McGovem, Mrs. M. Joseph Dalley, Rev. Mr. Alden, a Jewish rabbi. The landslide which carried away the 13 houses was caused by the falling In of the bank thder which the excavators of the brick manufacturers had been working for a number of years. When the breakage occurred In the long line of land which formed the ragged edge of Rodkland Street, one house toppled over Into the pit with all who were living within its walls. The other occupants of the houses pre partd to leave homes In the face of a blinding snowstorm A number of p?ople who livedi nearby rushed to their aid and were assisting them in getting out when 12 more houses went down carrying with them not only the families wtio occupied them, but also several of those who had gone to their assistance. Overturned stoves set tire to the buildings and llremen came from miles around but when the landslide 4 4. 4-U^ . * ~ uuuuiieu ib uruKts uuc waioi mam, thus cutting off the entire supply. Tuesday night relatives and friends of those buried beneath the ruins are still watching, as they haye been all day, for the bodies of the dead to be brought out. (Should bo I'unltibod. A dispatch from GafTaey to The State says it seems that Cherokee must appear before the public in a bad light. The last horror here is the arrest of a white man attempting to criminally rssault a negro woman, and failing in the attempt shooting her. The charge is that Scruggs stole a Winchester rifle at the Cowpens battle-ground on Saturday and came back by Cowpens station, where he bought some cartridges. He walked on back towards town, coming by Thickety, where he attempted to buy some long cartridges A negro woman, about 24 years old, Lois Glover, passed and Scruggs followed her for two miles. Scruggs says that he made a proposal to her wben she cursed him and drew a pistol from her stocking and pointed it at him, when he loaded his gun and shot her. She lay in the road for some time before she was found and carried to her home. The authorities were notified and from the description given Scruggs was arrested. He was carried before his victim, who identified him. Hold Kobbory. A dispatch to The State from Greenville says Ed Fowler, a trusted driver or the Batesyille Manufacturing company, was held up and robbed of $20.20 by two unknown white men in Court street near the corner of COurt and Falls street Friday afternoon about. *2 o'p.look h'nwlp.r had just rt cdved a quantity of goods at Laurens depot, and was on his way with his four-horse team to the Southern freight depot, where lie was to get other merchandise to complete his load, when he was approached by two unknown white men, about 25 years of age, who engaged him in conversation for a moment, after which they seized him and beneath the white cvnvas cover of his wagon took from his pockets the amount of money named, all he carried, which belonged f ho lio fADir I 1 1 r% rv-k 4 1 \ iAy v tiv a ickuua v 11 iu luiii. Want the Job' Candidates for places on the dispensary board are looming up. It is said that H. n. Evans, Chairman of the Board, will have no opposition. The candidates for the other are: Maj. John Black, some time ago shipping clerk at the dispensary; Mr. J. M. Bawlinson, a member of the house from Richland county; Mr. R. Fulton Dukes, member of the house from Or* angeburg county and a son of a former director of the dispensary; Mr. J. B. Wylie of Chester, who offered for this place once before. Mr. To will and Mr. Boykin will not stand for reelection. w % REFORM NEEDED. Governor Heyward's Views on the State Dispensary. THE BEST SOLUTION I Of the Liquor Question If It U Properly Conducted, Which He Thinks Can be Done. By No Means Hopeless Because of Wrong Doing. The following are the tfovernor's recommendations In full relatlvo to the dispensary: The only cloud which throws a shadow over the state Is the unsatisfactory condition of tho dispensary. Great dissatisfaction has been manifested by the people in many quarters. It exists, 1 believe, because of loss of confidence resulting from abuses in connection with its operation. No one oau deny that the present at mospherc surrounding tlie dispensary is ti grave reflection upun South Carolina, for it is a state Institution, and any odium which attaches to its operation necessarily attaches to the state. Siuoe your lost session a large number of counties have voted out dispensaries, but I must sa> that the voto abolishing them 1 take to be a rebuke to the mode of operation rath er than a repudiation of the system itself. lu mv last annual message, when considering the needs of the dispensary, 1 said: "1 am convinced if this system can be properly regulated, it will be one of the best solutions of the liquor question. If not properly managed and controlled, its usefulness will be at an end." Despite the events of the past year and the revelations which have attended the Investigations of yourora mittee, I am by no means hopeless, 1 still believe that the dispensary system has mauy strong points and admirable features which commend It, but in saviULf this 1 am hv no means blinded to its imperfections. It is imperative for the honor of the state that existing conditions should be immediately remedied, either by radical changes in the laws governing the dispensary or b> the adoption of a dliferent system for the regulation of the liquor question. The details of this situation are so well known throughout every county in the state that 1 feel no extended discussion is necessary here. It is incumbent upon your body to give tills matter your most careful and serious consideration. You are chosen by the people to make their laws, and in such a crises as this they will bj satisfied only with direct and specitic ac tlon on your part. During the year that has passed since your last session 1 have given this question my earnest consideration, hoping to devise some certain remedies for the evils complained of, but have been Impressed with no better solution than was included in the recommendations I made to you last year. In order that my views may be clearly understood, I shall call to your attention to such extracts from my last message as L deem necessary for this purpose. I herewith submit for your consideration the following extracts upon this subject with one c lange, namely: the abolition of county boards of control. These are again recommended to vou as embodying the changes vthich 1 think will beat serve the proper regulation of the dispensary system. "The state commissioner should, in my judgment, be the cdicer whose duty It should be to purchase all supplies for the dispensary. lie should be required to make contracts, not fur any specltled amount of liquor, but for such supplies as may he actually required, such requirements to be determined by the commissioner." "Each contract made by the commissioner should require the firm ...UU -* -4.-- *1 - 1 ~ u>mbiaouou wiuii iu guarantee uiik s<4it: of such goods as may be ordered and shipped to the state dispensary, said guarantee to be entered as a part of the bond. All advertisements for bulk goods should be placed strictly and absolutely upon a conpetltlve basis, by lotting it be distinctly understood that the lowest responsible bidder shall be awarded the contract. It should further be the duty of the com missiorier to make each year, quarterly reports to the state board of directors, showing the amounts contracted for the previous quarter, including the brands and prices, and the names of parties from whom goods are pur chased, which report the state board of directors shall have published in at least two daily newspapers of the state." "The board should be required to meet each week at their otllce in the state dispensary, to remain in session as long as may be necessary for the transaction of their buslnc s. The general suoervision and manai/emp.nt, of all county dispensaries should be in their charge and they should be specltioally charged with the duty of seeing that all restrictions governing the various dispensaries should be strlotly enforced. These are responsible and arduous duties for which the members of this board should receive a salary of not leas than 11,600 pei annum each, and should be required to tile a bond of not less than 110,000 ? "1 further recommend that the law as to the location of county dl.speu saricH he araetded to restrict them to such Incorporated towns and cities as, ' In the opinion of the hoard of dlrtc tors, furnish adequate police protec t Ion to the public against disturbances of the pea<*o." In this connection I might add that dispensaries arc now located In places which are without adequate police protection some in places with absolutely no protection. All dispensaries so located, in my opinion, should he closed. After nature retleotton I am coq. strained to recommend that the couri ty board of control be abolished, and the dlspensors appointed by the state board of direotors upon the recomda tion of the legislative delegat'ons of the various counties. It should uevcr be the po'Vy of *he state to force dispensaries upon coun ties desiring prohibition, nor to maintain them when it is tho wish of the majority of the people to substitute prohibition In their stead. Legislation should he enacted at tins nbshio.i to free the system from the abuses which have crept Id, t:> emphasize its restrictive features, and to ensure proper compliance with the strict letter of the law. This matter will certainly be brought to your attention at this session of your body. I slncrely trust that you will give it your most careful consideration, and that you will, with a realization of your responsibilities make a fearless and determined elTort to erict such changes as will at least relieve our state of the reproach which certain features of the dispensary system havo cast upon us. 1 need not assure you that In the discharge of tills duty 1 am leady and willing to aid you In every way that lies in my power. The enforcement of prohibition In counties which have voted out dlspeti saries presents a serious problem. The present law, as I construe it, makes It the duty of the governor, whenever he issittstied that there are violations of law In such counties, to appoint constables; these constables tc be paid from the special tax levied for that purpose. During the past year I have been confronted with many dlllicultle* because of local conditions and diverse public sentiment, but have endeavored to do what I considered my duty. My experience in the enforcement of this law has convinced me that certain changes are necessary for the mutual Interests of all concerned. While I believe that special otllcers are necessary to prevent violations, and that such otllcers should be paid by the counties, I also think that these otllcers should be selected by lo cal authorities and be under their direction and control. 1, therefore, recommend that in future this course be adopted, and trust you will so amend the law. The law, as it now stands, will give riso to se rious complications, and these should be avoided as much as possible. OUTRAGE IN BUMTER. Wliito Mon Oomtiiitts ? Crime That CaIIh ior Lynching. A dispatch from Sumter to the News and Courier says the facts in a disgraceful alfair that occurred in the cotton mill village on Wednesday became known Thursday, Two white men who have been working In the mill at times got drunk and while In that condition went to the home of Mr. John Scott and made a determined etfort to commit a criminal assault on a negro girl about 15 years old. who was employed by Mr. Scott as a nurse. Mr. Scott and all the other adult members of his family were at work in the mill at the time, and they were under the impression that they could accompusu uieir neinous crime unmolested. They went Into the house and locked the doors, hut the girl could not he made to yield by threats and when they attempted to use force she screamed so loudly that the men became frightened and ran oil. The girl went at once to the mill and reported the all'air to Mr. Scott. The girl's parents, who are respectable negroes, went before Magistrate Iiarby and nad a warrant issued for the men, but they have left town and have not been apprehended yet. The crime was premeditated, for they tried to induce another young man to go with them an assist in the assault on the girl. This is a case that calls for severe punishment, and if the men are not captured soon a reward should be offered for their arrest. l)r?A(lc(l SpotKMl Fttver. A dispatch from Newport, It. I. says nearly all of 1,500 apprentices at the naval training station live in constant dread that the fatal spotted fever may strike anyone of them next one hoy having already developed Insanity and has been removed to the Insane asylum at Washington. Deaths | or .1. u . uojro, or Nebraska, Harry Gale Hootenburg, of Ftononma, Vir1 glnia, makes seven fatalities so far ' out of eleven cases, which, with the death of Frederick Friend, of Nash 1 vllle, 111., is expected any moment. 1 This morning preparations began for double fumigation of former Spanish ' cruiser lUina Mercedes. The oltlcers are tlodded with letters from parents asking about the health of their 1 boys. i Killed Himself Oh&s. G. Mear, charged with emi bezzling $20,000 from his employers In San Francisco, Cal., committed > suicide on a Cunard liner just as it i was entering New York harbor. He r was being brought baok from Liveri pool, where had been arrested. : > : .. . . . * , . i { V THE BRICE LAW Is Declared Constitutional by the Supreme Court. DECISION SWEEDING I In Its Effects. The Only Part of the Anti-Dispensary Law Rejected bv the Court is the Amendment in Reference to the School Fund. The Ilrlcc law ts constitutional. Such Is the decision of the State su ~ prcmc court. The dispensaries kept open by Injunction must he closed hereafter and prohibition will prevail In all of the northwest portion of the Stato, from K Icefield to the North (Jarolina line, except lo Abbeville c >unty, where no election has been held. The cases argued before the supreme court last Mondav were die'ded Friday and the court decrees that tlio law Is constitutional with one exception, and that may be eliminated without alTectlng the law itself. The exception, singular to relate, is the ''rider" which was put on the Brioc bill by the dispensary people, the clause which provides that counties voting out the dispensary shall have no participation In ? 1 ? in uno nui^iu.t BUUUUI IUI1U &CC 11 ID 111 ii ted from dispensary protits. The State of South Carolina, in the Hupreme court, November term, 1005: W. W. Murph, petitiioner, against B. G. Landurm et al., respondents. Louis It. Cox, petitioner, against James Hodges et al., respondents. Joseph W. Coward, petitioner, agalnst J. II. Plackwell et al., respondents, John A Weir, petitioner against B\ P. Walker et. al , respondents. Itobort 10. L'gou, petitiouer, against F. II. Burros et al., respondent. Pickens Countv, petitioner, against A. W. Jones, as cjmptroller general, respondent. ()conee County, petitioner, against A. W, Jones, as comptrolles general, respondent. Adam L. Aull, petitioner, against A. W. Jones, as comptroller general, respondent. In each of these cases brought in the original jurisdiction of this court the question is raised as to the constitutionality of the act commonly known as the Price act, approved Feb. 25, 1904 amending section 7 of tile general dispensary law. annrnvpd March 0, 1890. After careful consideration this court is of the opinion that said act Is not unconstitutional on any of the grounds alleged except In so far as said Mr Ice act declares that "any county voting out a dispensary shall not thereafter receive any part of the surplus that may remain of the dispensary school funds after the deficiencies in t: e various county tcbool funds have biea made up as provided by law." While the court considers this provision unconstitutional, the court Is of the opinion that it is separable from the remainder of the act and that said act stands as constitutional with this provision treated asstr.cken out. Tnls conclusion renders it n(C3essary to set aside the temporary Injunction granted in the tlrst live above entitled cases restraining the closing of the dispensaries therein mentioned and also that the temporary injunction granted in the remaining three above entitled cases restraining the comptroller general from drawing his otllcial warrant for the .several mims arising from the surplus of the dispensary fund as therein mentioned be dissolved and the comptroller general left free to disburse said fund as it would have been disbursed before the enactment of the said Brlce act, and It is so adjudged. The reason for these concluslions will be stated In an opinion hereafter to be tiled. Y. J. Pope, C. J., Kugene B. Gary, A. J., ira K. Jones, A- J., C. A. Woods* A. J. The action of the court means that the dispensaries must be and must remain closed in Greenville, Spartanburg, Anderson, Laurens, (Jnion, Lickens, Newberry, Cherokee, Horry, Oconee, Darlington, Marion, York, Lancaster, Edgeileld and Saluda couDtles. Greenwood and Marlboro have never had dispensaries. Williamsburg voted the dispensaries out, but the election was illegal and the result was so declared. Thus 19 of 41 counties have already declared against the dispensary system and In 20 others there has been no election. Two counties have stood Lei V"\ r* ? ?.t. u/ uuc r lorence and l< airtit Id. in several others the people want elections but are being kept from an expression of their views. Those counties which now have dispensaries must contribute of their school fund to the counties in which there are no dispensaries unless an entirely new system be enacted. ArrvHiuU. i J. It. Pjden, an alleged agent of I South Carolina cotton mills, was ari rested in Knoxville, Tenn., on Tuesi for trying to entice laborers to oom* to South Carolina. He is said to bo representing 12 mills.