Historical Newspapers of South Carolina

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REPLIES TO BLEASE; LYON SENDS FACTS IN THE BLACK CASE TO LEGISLATURE * ?.? TELLS JILL ABOUT CASE i The Attorney General Declares Unfounded "InsiinialionO' of' Covernor Contained in Statement Glv in# llonsciis for Ihirdon in Fnmoun Dispensary Case. Attorney General J. Frnser Lyon Friday night sent to the General Assembly his reply to Governor Hlease's statement to the Senate, transmitted to that body Thursday night, in de^ fence of his pardoning of .John Ulnck, Mho was convicted of conspiracy to <loi'raud the State in connection with eld dispensary affairs. The Governor's statement was published in the press some time ago, hut the Attorney General took no notice of it at the time, as it was not j oMlcdal,. The ollielal statement was ' fa nt to the Senate Thursday night! ' ^nitl received as information by that! body, and the following is Attorney General Lyon's reply: * "To the General Assembly of the State of South Carolina: In view of the reasons assigned by the Governor for granting a full pardon to ^.John Mack. 1 deem it proper to ~ further report to your honorable | body upon this case. .My attention j was called to the reasons assigned ! di nr*o nit' finnii'il ronnrl w*i? rlnliir- ' oiedto the printer. Inasmuch as the! Governor, in attempting justification for exercising Executive clemency to . John I Hack, convicted by a jury of Chester County for conspiring to defraud the State, undertakes to re-i fleet upon me as an officer, as well a? personally, 1 deem it proper to euhnjit this, an additional report, in order that your records may carry a correction of those statements and insinuations of the Governor, which have no foundation in fact. In one sentence of the Governor's report he ' says: "After reading carefully the testl^ niony given in this case and .the i charge delivered by the attorney pre? siding as special Judge, in my opinion John 1 Slack should have been acquitted," and in another, "if the jury had convicted all I would not have interfered.' "If both of these statements are true the Governor would have allowed three'to be unjustly punished. Still, he was not willing to see only one unjustly punished. Directing your attention to those two statements, which are manifestly irreconcilable with justice, may be considered sufficient to show the real character of all the reasons assigned. Jlut I think It well to further Inform your honorable body upon this subject, after stating the fact that the e vidence against Mack was decided* ly stronger than against other two defendants with whom lie was tried, because the checks which ho received In consummation of the supremacy to defraud the State, one of which was for $5,000, with his signature thereon, were in evidence and contradicted, as well as the bank notes, which showed tho actual re v c cipt of the graft money. "The Governor says that Black tv?s not pcrmittcl or given the op. - portunity of paying a fine, and this is true, so far .as the action of the Court was concerned, hut under the Constitution the Governor Is given ^ authority to substitute a fine for imprisonment and he did so in this very case against Black, substituting a fine of $2,000. instead of imprisonment in the Penitentiary, but finally a full pardon was granted., lias the Governor over-looked his own Act in this case? "The statement that 'notwithstanding the immunity, for pitiful eums, given to these foreigners, who have sworn in public Court that they ^liad bribed and robbed the taxpayers 'o" South Carolina out of hundreds of thousands of dollars, the money was fviven hack to them and all of It in the name of the State of South Carolina,' is untrue in so far that it etates that money was paid for immunity and the money paid back, jnnd tho Governor cannot offer any 'evidence to substantiate the truth of this statement. It is likewise untrue that prejudiced political and personal enemies attempted to heap humiliation on this man; and while the Governor may bo satisfied that because of a personal difficulty with one of the State officers of this State, this man was a scapegoat of the entire dispensary regime,' this statement is also without color of truth. The Governor says: "Somebody must bo punished to save some people's political reputation; a conviction must be had: who shall it he? ^ Of course, the man who cursed the learned Attorney General to his face * unnn the street., and it was not per tonally resented.' No person of reasonable fair mind will believe tbat a Jury of twelve men of Chester, with whom I am not personally acquainted, would wilfully per.hire themselves to gratify any personal ill will I may have had toward this defendant, and In this connection I will say Jhat I am conscious of no persons! ill will towards the defendant, as I have never, under any circumstances, hud a personal transaction with him. "It is true that the defendant, while I was performing my duty as a member of the legislative investiga- | tion committee, did, while in company with one whom 1 have since been informed, is rv brother, threaten and offer to do me personal violence because his conduct as a dispensary oflicial was being probed, and that he did on that occasion use language which would have been offensive had it come from one-not similarly circumstanced. Still, I have never thought it necessary for the defense of my honor to engage in physical encounters with any of those who were offended by reason of exposure, or impending exposure, through my activities in investigating their conduct as dispensary officials. It is probable that tilts defendant, together with many, if not all dispensary grafters, bear ill will towards me, still I am confident that ihe law abiding people of tho state will esteem mo no less for tho enemies 1 have made. "The GoVernor asys: 'Why was the case transferred to Chester; why left there; why was it not tried in Columbia, or In the same circuit, at Kershaw, or if it must he the Gth circuit, why not at Lancaster or Fairfield, or York, why was it absolutely necessary to go to Chester; why was it necessary to try it at that particular Court, by a specially picked and appointed attorney to preside? "The above contains untrue statement. The case was not transferred to Chester. If was commenced there originally. It was not brought in Columbia, because one jury had acquitted Farnum on substantially the same charge and evidence to which lie pleaded guilty after his acquittal. And, further, another jury had one of the dispensary graft cases withdrawn by the Judgp bccauso his instructions were disregarded. "Other reasons which are not suspectible of proof induced the wish to try the case in a county other than Richland. The case was not tried in Kershaw for the very good reason that the Kershaw Court had no jurisdiction to try it, there being no evidence that any part of the offence v as committed in that county. The same Is true as to Lancaster, Fairheld and York. It was necessary to t t > the case in Chetser becauso the 0 crime was committed there and that Court had jurisdiction. If for any reason conditions in Chester were <...^1. flint flirt rlrtfnriflnnf rnillfl lint DUl II MKlt V uvtv/ituiviiv vv ? have a fair trial there, he had the right to move the Court to transfer the case to some other county in the circuit, but no such motion was made or suggested. ' The case would have been tried before Judge Shipp, at the June term of i he Chester Court, but for the moHun to continue made on behalf of Black, which resulted in the trial before Judge'Moore, in November. Certhinly, these are matters of which a lawyer of great experience in criminal cases should be aware. If Judge Moore was an especially picked and appointed attorney to preside in this case, it was without my knowledge. 1 believe .Judge Moore was appointed to preside over the Courts of that circuit solely for his ability and integrity and without reference to Black's case. I am also of the opinion that his charge and rulings in tliis case were without error and perfectly fair to the defendant, otherwise the appeal to the Supreme Court would have been perfected and the errors, if any, corrected. The Coventor's pardon, however, intervened and relieved the defendant from further at noyance. "If if be true that Black is of exalted lineage, of high and aristocratic family, and that he has been honored by the people of his community, this should not render him immune from punishment for defrauding the state, and he should suffer just as a plain, ordinary person In like cases offending. Indeed, it is my view that he should he held to a more rigid account hy reason of the possession of these advantages. | "The Governor further nsks: 'Why should he (Black) be kept for the slaughter, when foreigners, from outside of the State, who came into the | State, were turned looso and given immunity, notwithstanding the fact that they admitted that they had attempted to bribe, and did bribe officers, and notwithstanding the fact that in all trials upon such testimony the juries have heretofore acquitted, or failed to agree, except In the case of John Black?" "Persons outside of the State were given Immunity because they gave evidence of the briberies and conspiracies, because they could not sell their liquors without paying the officers of the State rebates or bribe money, which was demanded of them, and because they were not officers of the State, who had taken oath to keep a trust reposed in them. The officers of the Stato, as far as possible, were prosecuted, because they had betrayed the trust reposed In them by defrauding the people of the Stato, whose Interests they wore specially commissioned to protect. "I do not deem It necessary to refer to all of the misleading statements of the Governor with reference to this case. Still, I think your honorable body should have this Information, In order that you may not be misled by the Governor's statement." Snowing twice within one month ?unusual for South Carolina. ROBBED BY TARIFF CONGRESSMAN JOHNSON SHOWS HEAVY TAX WE PAY BENEFIT BF THE TRUSTS Whe ro the People Pay One Dollar to the Government In Custom Duties ( Tey Pay Five Dollars to the Man ufacturors and Greedy Trusts as Protection. ' ( Congressman J. T. Jonnson, of this State, expressed his satisfaction re- 1 cently at Washington in no uncertain terms over the recent "economy caucus" of tlio Democrats of the Douse in which the decision was reached that no public buildings bill and no battleship bill would bo 1 passed at the present session of Congress. This decision, if it adhered to, as it cost probably will be, willresult i na saving of about $50,000,000 during the next fiscal year. "Why, said Mr. -Johnson, "if the American people, who sometimes complain of the burde of local taxes, were made to realize the amount of taxes thoy pay every year to the Federal Government, and the amount they pay into the coffers of the trusts under the guise of 'protection,' there would be a revolution as soon as the aallot boxes could be reached, if not before. "Take the State of South aCrolina, for instance. The appropriations made annually by the Legislature amount to about two and one-half millions of dollars. There are about one and one-half millions of people in the State, so that the taxation per i capita is about $1.00. Counting five' persons to the average family, it i^ plain that the per family taxation of ! the State is $8. This doe* not, of course, include municipal taxes, i which arc paid by the people in the j towns and cities, nor special school taxes, and the like. "Now, take the Federal Government. For the past few years, under Republican rule, the government has been appropriating a little more than a billion dollars every years? more than a thousand millions?can you conceive of it. Now how much is t.liat per capita and per family? ft means that for every man, woman nml child of our 00,000,000 people, there is paid to the Federal Governmeut every year, in indirect taxes, a little more than $11. For the average family of five the amount paid is about $r>fi per year, or just seven fines the amount paid in State taxes. How do the people pay it? They do not know, in many instances, that they aie paying it in higher prices, caused by the higher duties imposed upon imports. "There are many people in the coi.ntrv who do not realize that the United States has no money except what it collects out of the pockets of its citizens. The National Government is so far away from the average man that he does not pay much attention to it. But it is not too far away to lay its powerful hand upon his purse and relieve him of his hard-earned cash. The Government is thought, by many people, to have unlimited supplies of money, which are drawn upon whenever an appropriation is made by Congress. "J wish our people could realize that practically every dollar that goes into the United States treasury, and j practically every do1lar that is spent ny uongress, conies oui or me pockets of the people. It ig collected c-itlier by customs duties or by means of the internal revenue laws. Tliu other sources of revenue open to th Government are negligib.o for at! practical purposes. The vast sums or mopey collected and disbursed by the Government of the United States are nothing but taxes. The fact that the taxation is'lndirect makes it liard for the public to realize Just how much it is paying. "And it should not he forgotten that this Federal taxation is in addition to the State taxes, the city taxes and the special taxes ha are directly levied against the people. The man who complains, in South aCrolina, that his family tax rate, based on the average, is about $8 a year docs not say a word about his taxation for the support of the National Government, which is seven times as heavy, and from which he receives practically no return, except in the maintenance of peace with foreign nations. A cow will scamper away if a pin be stuck in her flesh, but she will graze peacefully all daw long with a score of tickets?fattening on her blood. This illustrates the situation exactly. "But this is not all. It is estininfnd liv nornfnl r>r>rvr>r*m Istn flint for II (4 tvil UJ V>I41 VI t? I \/vv/ II W 1*1 >K>VP^ v???V ?< a every dollar paid Into tho treasury In duties on imports the sum of $5 is paid into tho offers of tho manufacturers who produce the goods kept away from this country by the imposition of tho duties. In other words, where our people pay $1 to their Government in customs duties, they pay $5 t the manufacturers and trusts as 'protection.' "Now practice your multiplication table a bit. The average South Carolinian family pays $8 to the State treasury in State taxes, besides his rannlcipa. and other local taxes. The ABUSE BRYAN ON FLOOR - l>IES SAYS THE COMMOXEH IS A\ EVIL GEM I <> Democratic Congressman Exhibits Himself ami is Cheered by the liepublican Congressman. William Jennings Bryan was held up to the house as an "Evil genius 1. n.? n IIU VUI'IIIK *--? 11 IIU" ll.llirv Ul 111*3 ih:imucrats," by Representative Martin R. Dies of Texas, who replied to the Commoner's latest attack upon the Democratic house membership. Democrats and Republicans alike cheered Dies' declaration that he "neither feared the power, nor respected the judgment of the Nebrasknn, and his further announcement that the Democrats under the leadership of Champ Clark and Oscar \V. Cnderwood were headed towards a complete success, swept Democratic side of the house into storms of applause. "I am almost ready to join Governor Wilson in his desire to find a decently and orderly manner of knocking Bryan into a cocked hat," said Dies amidst Democratic laughtor and applause. Dies' attack upon Bryan followed the lattor's declaration in the last issue of The Commoner that thirteen Democrats who voted against the recent amendment in the house to rcnuire publicity of all recommendations to president on judgeship appointments were "unworthy to represent a Democratic constituency." Dies declared if Bryan had spent, as much time reading law as he had attacking Democrats in public life, he would have known that the proposed law would he unconstitutional and an Infringement of the president's rights." "Bryan has led the Democrats through three disastrous defeats," pried Dies. "T.Ike the harhons of old ho has learned nothing1 and forgotten nothing. TTe points our collumns straight to the rocks of St. Helena. "The people are ready to give us more power in this situation. Tt is a calamity, if no crime for Bryan to sow seeds of discord in the ranks of the party. Whatever we do here displeases him. The prospect of Democratic success seems to anger his very soul. I prefer to follow the leadership of the gentleman from Alabama. I have followed Don Quixote of Nebraska, until T am wearing of war upon wind mills. I demand to he led against the flesh and blood enemies of Democracy." The conclusion of Dies remarkable attack upon Bryan was marked by general applause and a clustering about him of Democratic collengues who shook his hand. same family pays seven times as much into the Federal treasury in direct taxes, or $5 0 a year. But the average family of the liUited States ?and this includes South aCrolina, of course?pays five times as much in protection as ho pays in Federal taxes, or $2S0 a year. Would you believe it. "But it must he remembered that Ibis Federal revenue and this Republican protection that we pay aro in addition to local taxes. So using your addition machine, you find that the average South Carolina family pays $2 4 2 in taxes and protection every year. Eight dollars of it goes to his Stato Government, $56 goes to his National Government and $2 80 of it goes to the 'protected interests'?the f rnota nTul niann fn f>t nrrtvc wtir* ni'A tho special pets of the Republican party and its system of tariff-making. "Do you wonder why I believe in rigid economy in public expenditures? Do you wonder why I believe in the very decided lowering of the tariff, and at the same time lowering (he iniquitous protective tax on our people, levied by a protectionist Government and collected by tho mammoth trusts which it has created ? "Understand me, if the taxation were necessary, in any real sense of the Word, I would not object to it. Rut it is not necessary. There is no real, compelling reason why the United States should spend a billion of its citizens' money every year, with many millions of it being absolutely wasted. Yet it is doing it, or it has been, until tho Democrats began to have some say in the matter. Practically every dollar of it, mind you, comes out of the people at large, either in higher prices or in inferior goods. "There is no getting around the fact that the tariff is a tax, and that if is paid by the American people. As I tinvo, said, wnere $1 is inKon ny inc Government away from the consumers and turned over to the 'protected Interests of the country. - Killed in Train Wreck. Three railroad men were hilled and several Injured when west-hound passenger train No. 15 on the Norfolh Sr. Western railroad crashed Into the rear end of an extra freight at Dry branch, throo miles west of Bell Springs, Va. +i Killed In Mexican Battle. Fifteen rebels and several fed erals were killed in a battle betweer .federal troops and 200 Zapatista! near P&njamo, Mexico. SOME MORE HOT AIR | ? DLEASE'S CHARGE DENOUNCED AS INFAMOUSLY FALSE. DURING A CONVERSATION Tho Denunciation Occurred in the Governor's Olllce, Where Mr. Menus, Who is Clerk of the Sink ing Fuiul Commission, Had Lone on OHicinl llusincss. "There is some rescality going on 1 in the sinking fund commission," said the governor of South Carolina. "Governor, whoever says or intiI males that I am connected in any . way with any rascality states that which is absolutely an 1 infamously false," replied I). II. Means, clerk of the sinking fund commission, while standing in the oflico of the chief executive Saturday. The governor had just refused to sign a paper advertising the sale of the old Slate dispensary building. Mr. Means remained in the office for several minutes, waiting for the governor to make reply to his final statement. He then went out. The advertisement appears with the signatures of all members of the commission except that of the governor. "The governor, when the incident was mentioned, commenced to t:ilk about the members of the sirtking fund commission being his political enemies," Mr. Means continued, "and 1 told him that was no business of mine." This was the statement made by Mr. Means in describing an incident in the oflice of the governor, in response to an inquiry by a. representative of The State. The sinking fund commission meeting on Thursday afternoon elected J. Fraser Lyon as permanent chairman of the commission to take the place of the governor. Several days ago the sinking fund commission met and decided to sell the old State dispensary building. The matter of preparing an advertisement " "I fivitur ;j m i j, J ni ti in nriee on the (UlVl 1 I .X * J I ....... v, ... r ~ property was left to a subsequent meeting. The members of the commission requested the governor to call a meeting. The governor refused to call a meeting before March 1. Last Thursday a minor claim was brought up and the governor called a meeting of tho commission to consider that claim. All the members were present except Senator Mauldin and Gov. Blease. Mr. Means, the clerk, called up tho governor's oflice. He was not there. Tho governor was called at the executivo mansion. "lie asked me," said Mr. Means, "in the presence of the commission to say to the commission that he, the governor, desired tho sinking fund commission to elect a permanent vice chairman, so as to relievo him from signing or having to sign checks and papers as chairman of tho commission. I repeated the message hack to the governor over the telephone in tho presence of the members of the commission loud enough for the commission to hear, and tho governor telephoned his assent to the accuracy of this repeated message. "The commission refused to obey the suggestion of the governor. Attorney General Lyon was elected chairman in place of the governor." The members of the sinking fund commission are: W. L. Mauldin, chairman of the nuance committee of tho senate; Lowndes J. Browning, chairman of the ways and means committee of the house; A. W. Jones, the comptroller general; II. IT. Jennings, tlio State treasurer; J. Fraser Lyon, attorney general, and the governor. Senator Mnuldin was not present at the meeting Thursday when the governor was displaced as chairman. His name, however, Is signed to tho advertisement. Mr. Means lias on file a written statement, signed by hfmself as to tho message the governor delivered to him over the telephone and repeated to the governor and the commission, and a written statement signed by the governor as to what this message was, and the two agree substantially, according to Mr. Means, who said that lie gave the above statement after being questionjd by newspaper men. ?. Fifteen Forced to llesign. Fifteen midshipmen of the fourth class of the Naval Academy failed In the semi-annual examinations and were forced to resign. The navy do, partment formally accepted the ros, Ignations and tho delinquents loft the Institution. Sidney \V. Kirkland and Donald B. Fitch, of Louisiana and Clarence F. Desghamfls, of Soutli Carolina, are ircluded in those whe I resigned. Wood row Wilson in Kentucky. - At Frankfort, Ky., YVoodrow Wil * sou expanded bis views of Democra I ey to tbo Kentucky Legislature lat< Friday afternoon, giving what b< termed "a straight Democratic talk.' Do gave bis definition of "insur - gency," said representative rulo wai i i "system of trusteeship," and gav< 3 his Ideas of the remedy for allego< Irregularities of "big business.'* WISil T3 SPUE ESYAN ?? WILL HE CALLED IN THE MONEY TKIST l'UOBE. o Made Numbers of Honking ainl Currency Committee Mad and They Wish to Humble Him. William Jennings Bryan will bo the lust witness to be summoned before the house committee 011 banking and currency to testify in the "money trust" investigation, which the Democratic caucus, refusing Mr. Bryan's demand for a special committee, referred to standing committees of tile house. .Mr. Bryan trod on the toes of the Democratic members of the committee when I10 recently declared that the "money trust" thought it could control the committee. The committee insists that Mr. Bryan must explain what he meant. . ? , _ _ _ I i. 9 9 : "i lie com in mee la a, umi, oaiu Kepresentat i ve Rujo, chairman of the hanking and currency committee, today, "in the decision that Mr. Piynn must explain to us exactly what, he meant." This is what Mr. ITyan is credited with saying about the committee, concerning which the l'emocratic members wish to question him; "Democrats beware! The money trust having failed in its effort to prevent.an investigation is now trying to forco an investigation by the ; banking committee. The fact that j the money trust wants that committee entrusted with the investigation is proof that it thinks it can control that committee." In marked contract to the proposals made by Representative Henry of Texas, chairman of the rules 'committee, for an investigation of the "money trust," was a resolution introduced today by Representative | 1 *11 jo, eliminating all specific reference to the "money trust." The Rujo resolution was approved by the majority members of the committee to which the Democratic caucub referred most of the inquiry. The Rujo banking an 1 currency com! mitt.ee resolution was referred to j the rules committee. It. sots forth that the "committee 1 is desirous of securing full and complete information regarding the banking and currency conditions of the country for the purpose of determining what legislation is needed." and authorizes it to sit as a j whole or by subcommittee during the sessions or recess of congress, m.,1 nnnmnl the attendance of wit ? l - i ncsses. There are no specific references in the resolution to the control of money by financial groups and their denomination of railroads, individual corporations, national hanks and the New York stock exchange and clearing house su^h as were contained in the Henry resolution rejected by the i caucus. ? NEGRO HOYS WRECK TRAIN. o Confessed to Having Committed the Awful Crime. "Just to see what would happen" : was the excuse which, according to officers, Joe and Strobble Mack, negro brothers aged 15 and 7 3, respectively, give for throwing the switch that wrecked Atlantic Coast Line passenger train No. 88, at White Hall, January 20. The boys are in jail at Walterboro and the officers say have made a full confession. The boys were committed to Jail Friday by Magistrate U. S. W HryI an. This case was worked <:p hy detectives for the Coast Line. It is said that tho younger. Strobble Mack, confessed and implicated his brother. j The fast mail ran through an open switch and into a freight train which I was on the siding. The negroes were I arrested hy Mnsigtrato Hryan who held the preliminary after which they were committed to Jail. . *? ? . TWELVE MK\ WERE KILLED. ? > I Several Injured and Several Others Arc Missing. I f Twelve men are known to have ' been killed and Ave Injured by a premature explosion of dynamite in ,1 a construction camp on the Canadian Northern railway, near Fort Francis, Ontario, Friday afternoon. A number of workers are unaccounted for and some of these may have been killed The fearful blast blew down into a cut in which many men were ' working thousands of tons of rock I and dirt, burying the helpless work men alive. Sjibmit It to Flections, ' After refusing to adopt an amend' ment cutting the figure from $1,000,1 000 to $500,000. the house Friday * | passed to the third reading a resolution suhmltting to the qualified elec tors of tho state tho proposition of Issuing a bond issue of $1,000,000 to _ 'carry out tbo plans for tho stato lios_ ' pltal for tho Insane. 5 ? t ' ^ Have You (Jot Yours? ' An equal division of all money In - ho United States would reau.t In each 9 man, woman an! child possessing 9 $.14.CI. That amount Is the per cap;1 Itn circulation according to the trenn[urer calculation.