The news and herald. (Winnsboro, S.C.) 1877-1900, November 03, 1877, Image 2
Saturday, November 3. : 1877.
It. MRANS DAVIS, Editor,
JNO. 8. REYNOLDS, Associate Editor.
Cor,. Y. J. POPE, of Newborry, will
probably :run against General Wal
lace for tlho judgeship of the soventh
circuit,
WrMN CAUPrTOR was arrested for
stealing from the State, Radical
papers howled persecution. Now
that he is in jail for robbing the
United States, will the pap organs
not howl a little more?
SEXATOU MORNr1N, of Indiana, is
dead at last. He died on Thursday
afternoon at Indianapolis. His suc.
cessor will be appointed by . "Blue
Jeans" Williams, and will therefore
be a Democrat.
CoNGAREssMAN POTTR of New York
asks to be excused from serving as
chairman of the Pacific railroad
committee, on the ground that lie
is largely interosted in one of Tom
Scott's Pennsylvania roads, This
would be just the roason why an
average Radical would bankor for
that position.
TuE Regiz8tW, do nis tho assor
tions of Northorn newspapers that
Governor Hampton wants Patter
son's place in tho Sonato. The
governor has already said that lie
intends to sorvo out the full term to
which lie was elected by the people.
It is time enough to talk of the
Senate in 1.878.
M1. H. 0. Wittowr is one of the
Democratic nominees for the Goor
gia Logislature. As one of the
Editors of the Augusta Chronicle
& Constitutionalit, lie has already
made his mark in journalism. A
brilliant career is predicted for him
in "the halls of our fathers."
TiE KERSHAW -fournal an(l Ga
zette has separated into its compo
nent elements ; Capt. Trantham and
Mr. Alexander taking chargo of the
Journal, and Mr. Board resuming
control of the Gazette. Whether
there is room in (orshaw for two
papers we are unable to judge, but
we are free to say both deserve sue
cess, and a plenty of it. They have
our beat wishes.
'IOE PRlEsIDENT Wi:EELER is hione
oring the five carpet--bag senators
in a ridiculous manner in order to
koop them from bolting to the
Democrats. Patterson is chairman
of the committee on Territories,
Dorsey chairman of the District of
Columbia committee, Conoveri of
the committee on enrolled bills,
Spencer of 'the committee on the
military, anid Bruce, colored, of
Mississippi, of the committeeoOn
levees. They have also other
prominent positions, Patterson
serving also on the Committees on
Education and Labor, on Commerce
and on Civil Service and Retrench
mont. The last is a grimi joke.
If thero over was a man able to
defeat or evade civil service and
retrenchment, it is Honest John.
Who is Judge I
Justice in Sonth Carolina is just
now poised on the horns of a dilem
ma, and she doesn't seem to know
exactly how to ease herself dowvn
without tearing her clothes. Learned
pundits of the law say that if Kor
shaw is judge, the other so-called
judges are zuero private citizens-.
nobodies ; and conversely, if they
are judges, ho is not. But which is
which has not been. decided. The
trouble thus arises.
In art. II., section 24, the Con-.
atitution says:
"In all elections by the general as
sembly, or either house thereof,- the
membors shall vote viva moce, and
ther votes, thus given, shall be
entered upou the jotu-na of the
house to which. th~ey respectively
belong."
In art. WV., section 18, the follow..
ing lanigua~gq #0 id :
"The &ate shal bo divided
into convenient circuits, and
for *ach. ,.Orcuit a judge shall
.be elected by Joint ballot of
the gensrrd assemn~ who shall bold
his oMan fQ. a to'm ds fo... ye."
The trouble consists in the pro
vision for a "viva voce" vote in one
section, and a "joint ballot"in another,
which some construo into an irrocon
cible conflict of terms.
All the circuit judge,; were olocted
by viva voce vote until this year,
when Judge Korshaw was chosen by
a secrot ballot in a joint session of
the two houses. At the time, Tim
NEWS AN)) HERALD advocated the
viv( roce vote, and it now sees no
reason to change its opinion, nor to
coaso its regrot that Judge Kershaw
was not elected as the other jud ges
had been. As our feelings and our
judgment differ we give the roasons
for the latter.
The object in interpreting laws is
to mako them harmonize, if possible.
In the election by secret ballot, the
two sections of the Constitution are
directly antagonized. The question
then arises which must prevail. This
is a question of law. But, on the
other hand, the old systom-of elect
ing the judges by joint viva voce
voto, harmonized the two sections,
giving the latter section a moaning
which, without any forcing at all,
brings it within the first provision.
In this light, the provision that
judges shall be electod by joint bal
lot mcans simply that the houses
shiall meet in joint session, instead of
voting separately. The adjectivo
'joint" is the emphatic word, not
the word "ballot," which is thero
used loosely for "vote." Indeed,
according to the Register, the origi
nal draft of thio very section in the
Constitutional convention contained
the word "vote," and there is no
record of any amendment substitut
ing the word "ballot." Now, wo
should consider this chango meroly
clorical, as "joint ballot" is a very
common term, used by the "profano"
to express any sort of joint voting.
For instance, the assembly elects a
United States sonator viva voce, and
yet how many people, members of
the Legislature, candidates and oth
era, speak of this as a "joint ballot"?
And it is natural to suppose that
the members of the "Ringed, Streaked
and Striped" were able to weigh the
meaning of words nicely. On the
other hand, after the viva moce
method of voting had been adopted;
when the provision to clect judges
by "joint vote" came up, it would
hardly havo been changed into
"joint ballot," so as to conflict
wvith tht p)receding section without
some argument, or at least some
amiendoment m ado ofliciually and
reported in the journal. If we
mistake not, supre me j udges,
regents of the asylum, United
States senators, trustees of the
university and other oflicials wvere
all elected by a joint ViVa voc vote.
Why then should this conflicting
provision have been inserted in a
section originally conformning to the
general plan ? And especially, how
wvas it done without notico0 being
taken of theechange ? If the on,
grossing clerks of our .Demnocratic
Legislature can make mistakes
affecting the sessions of the courts
in one or two counties, why should
not similar verbal inaccuracies have
appeared in the work of underlings
of the Radical convention ?
Another argument is that the
same mon who made the constitu
tion, subsequently sat in the Legis
lature and elected the circuit
judges. They wvould have remem
bered their former action in segre
gating this peculiar election from
all others. That .they voted viva
voce shows that no difference was
intended; for sufficient time had
not yet elapsed for outside causes
and doting scruples to fetter their
inborn reason. Moreover, this
ambiguity was not discussed until
the time of the Whippor-Mosis om,%
broglio, wvhen Radical politicians
had orich other by the earn.
This question has been brought
before the Supreme Court by a quo
toar'ranto against Judge Shmaw, who
has been selected because his un..
doubted Democratic proclivities will
prevent the howl of persecution
being raised. The decision of that
tribunal is not known. It may
agree' w*th the Attorney-Genoral
an~d the Tea;s14..... t may how
ever, decide adversely to Judge
Kershaw, who, of course, would be
immediately re-elected.
We will recapitulate briefly our
grounds :
1. The Constitution should be so
intorpreted as to make its provisions
harmonize, if pomsiblo.
2. The symmetry of the whole
it general plan-requires that
elections for judges, as; in case of all
other elections, should be viva voce.
3. Any provision of the Constitu.
tion should be so plain as to adnit
of no doubt whatover, before it be
mado to fly in the tooth of a pro~
Vious sweOping provisionl, aind
destroy a general symmetry per
vading the wholo. If it be at all
ambiguous, tho bonolit of tho doubt
should be given in f.vor of analogy
and precedont; that is, to a joint
viva voce vote. ,
4. In the light of surrounding
circumstances-taking into con
sidoration tho first draft of the
section in quostion ; the uniform
system pursiod in jitdlicial olectioins,
by legislators who had fraiud the
Constitution ; the popular uso of
the word "ballot ;" its intorchiage
by the uilearned with tho word
"vote ;" the introdiut.ionl C'f the
word "joint," showing that a.4 the
emiphiatic portion of the sontonce
the expression "joint ballot" can be
(olstrlld into "joint vote."
5. Tierefore let that construction
be taken, so Is to avoid con.1fusion
and difficulty.
SO UT1.I (JAR ( LNX I NE WS.
The sixth Poe-Deo fair was held
at Uhmtaw on tho 24th, 25th and
29th ult. It was a great success.
The Charleston Chambor of Coim
mere -will osic Coigress for ton
thousind dollatrs for tie improve,
mont of tho harbor.
Judge Maier is not a candidatn
for the associate justicesliip, it
will run for circuit judge when a
vacancy occurs.
Tim Hurley has been summoned
as a witness beforo the Investigat
ing Committee. His testimonly
will be rich, rare and racy.
The Charleston Chamber of Com
merce have refused to grant aid to
the Liberia Exodus, on the ground
that they cotmider tho mission of
the colored man to be more hire
than in Africa.
J. B. Campbell, Eq., and Hon.
H. 1). Lososne are spoken of in
connection with tle Charleston
Smnatorship. The Democratic
nominating conv'ention has been
onlled.
Judge Northrop's confirmation as
U. S. District Attorney hy tihe
Senate ill be hotly contested. The
"stalwart" Republicans and1( the
New York Radical papor3ls aro pitcih
mug into 11im1 heavily.
The Ciark Light TIantry, of
Augusta, have cihenged the At
lanta Cadets to meet thlem at tihe
South Carolina State Fair at Co-.
himnbia, and thmere contend for tile
championship of Georgia--the con
test to be decided by3 three officers
of tile United States Army, to be
selected from Fortress Mo'nroe, and
who are not to be acquninted with
either compIany. If thme Cadets
accept the challenge at lively time
may be expeted.
Thle Beaufort TIribune says : "Tile
brig Derwent, Capt. R(obert Wiiker
sonl, said to be the oldest vessel that
floats, is again in our1 waters. The
.Derwent was built in 1776, and has
her original planks and timber still
as8 sound as the day they were put
together, and is as staunchi as when
first built. Silo registers 270 tons,
though her hurthen is nearorr 360.
She is of Merryport, Cumuberland,
England. H1cr captain is a social,
jolly tar, and is as pr1ouId of hlis
lhup as an Indian is of a joweol in
his nose."
V'in14s, Liquor's Tobacco, &c.
JjUNE Palo Shilrry Whro, fine N. C.
-Suprnong W'ino, fine old P'orto
Port Wino, lino imported Clarol. Wineo
For tableusmo-.
ALSO,
Fine artiulo dry 50ouppornong WVIne,
Otaird's & Co. gonuino Cognac Brandy,
u)lre N., C, Apple Brandy, che100Ic Stono
Mountamn (Georgia) Corn Whiskey, pure
N. (1 lSweet Mash Corn Whiskey, Miy
Cabinet Rye--the bost whiskey in town,
and a full stock of all ether good LJiquors.
Also, the clebrated Indian Pale Ale,
fresh Lager and Sweot Spairkling Cider en
draught, The largest and bost sel~oted
stook of Havana Cigars and Cigarettos in
town, lackwell's genuinoe Smoking To.
bacco, Messmnaoraniges and Lomons for
sale low for caRih by
jnne 12 F. r e .....JICIT
Tho StatiN of South C Il11,
COUNTY OF FAIRFIEbD.
Court of Com ollion Plenl.
Samucl B. Tathan wvs. W. Walit Brice,
Wil. J. Lathan ad John J. caldwoll.
IN pursuianeo of an order from tho Court
of Uomm11on a1011s in th1 bIoVo stated
oase, I will offer for sal,i before the
Court House door inWinisboro,oi the first
Monday in November next.. withiii the
logal hours of sale, the following de,
scribod property, to wit:
All thlit platatiion or tract of land lying
in Faiidield comiity, on waters of Waerve
Creek, contaliling yIVE HnuI.;o AND IP
TY-TIIER AND 'Il HEE-4UA11RT.s AtiklS, MnOe
or less, and boutletl by lanids o Sai1 Cuel
). Lithan, A. B. Montgiaery, an i( the
lands of W. Watt Brico.
TEmMs OF SALE:
One-third of the pure-money to be
paid in C.vi, the balaneo oi a vredit. of
ono and two yeLrs, with in(tvrest from
day of salo---tljo puruhiaser to give his
bond and a mortgage of the premises,
and to pay fur all ieceilry pnp prs.
Sheriff's Ofice, S. F. C.
WMinnboro, 8. C.,
October 5, 1877.
Oct G-tis
The 8itto of 80o1th Carolina.
TO Daniel W. Gladden, James Tidwell
and Reziah 'T'i-: .-t his wife. Isiiah TI'
GlitedJn, William 11. 11. Mitige fly (
MaTIlry,1tno Miin his wifo, Ioga hell-4
Ind ropre.;entatives of ,linor Glthel,e
wIlo dlietl intes;tato:
01 T are herehv required to nppear at
- the Court. of l'Ir(olate to le I-'len a11t
Faitiiiiel Coirt. I eolso for1. Falrtl-ti
County. on the 1Wth day of Dieember
A. 1). 1877. t4 shew eau.-I, if alfy vll cyu l,
wly the rvail ehite of .\o ir ' ('ittk,.o'v.
fleves.ed. dse 1 inl I'e 14-!e.on olf
Eliza ,J. Powell, filed ill my i', shyoffl o h
iot be di ied or riold, allottilg to :he
stid Eliza .1. Powl 1 one-l, ml teI 1
saiid Dalid W. dldelen, Kv/illi TiI well
andl(]Tyaiahl T. 1a1thllenl the, other hl n
emlprollolti-m, beA'wei'n the..
iven ourler' my h-ool mal't. , ti
-Ith iYL of Otober, A. 1). Pi77.|
-- O . 111 T ilm i pO ,
Jiudge of Proli,t
- Fairfield County
TO tho del-1ent Daniel W. (la,d d1 e ii
Jimlites Tidwell 111111 Xexiahl Tlhvt-ielwell Lii
wvife, Willian t l. It. Mting-o and Mm-o
JIlnv Minlge his wife.
TAK not ite tiVat the summons ill 1 tis
Saction, of whiech the lon, --in, i:; a
copy. Was filed ill tle ol"Imu ft iiv- '1oi,at1I
Court, fit Winnsboro, in 1..o cmiut , vf
Fir-field, in IheI( SetAte of Seouth C:lIninil
(.nI tho Ithl d1y op ctlr.1), I'S7'.
Winsboro, S. C. C
Estate SaIe.
i. i vitu" of a~ powiier ofl at!t orey gi ven.
. to Ie by IN toe ilntefst'-d inl tit
esttte of, . 1 . It l ', doe.-asN 1, [ will 1of,o.
I'or sale it pimblio olther', 11 Ii, l ,ewy
S. C., en it he 2lk liay olf Novimeim, 1n 1e1A,
the rollwin1. roal pmeroely )lOnin t:
the eshatu of -tth. SaidI D. R.' I'if, de
Out- lot. of liti-1, e m111h di Ii I out 1 ,61'
areves, MI whitb mtads ia to Mtory dwelt
ilig- hols'.
Two lots of laiml, vn cre eaheli, on vach
of' whieb .4tan,1s v eett.
One lot (I :m1il, vonlohteinil g olf1 h lf of
an acre TOn icVlfhIl stfiLiIs i saiMll Co(tt'V.
Ing tract of liil on Dithumin's 'cr..k,
colitelning oli' itlrel altid w.eunty-lve I.
acres, motre or' less.
AT.5o,
Hy virtue of authoruit.i g!ivenl teo mo1( by
the Ptroltett. Jude, :,'. e''r(eIlr if the
will of' D. II. Itaff, dieeae.l. wvill wil, at
the .sfame timte and1( pilace, tIle followV4inig;
personauiel prerity:
Onat fine P4ianIo (Knabce), 7.A octave's.
Onie tine Par'lor' Organ.~
(One( Jhlggy'111 a fi Hrntes..
One se'tt of' W~alnt luitur111o,comiplete.
I wo M ilelh Coiiws anid Calv'es,
HIouseh'fold and l(itchien Furnitur'e, and
r>thor ari'clies. n
T1'ni1s 01? SALE-For real estate, one.. ft
thir'd c'ash, and tiho baulance on ti credit '
of 0o1e and two year's, with interest from b
day of :ale, to bo secured by bond of at
ptit'riaser and imor'tgago of the peromisles; -t
purchnlt..":r to payv f'or all niecess4ary papers
aInd to pr'ocuro3 policies of insurance on 0f
the several builings, to be eu,Liued a
nntil theo pulrchacse-money 1)e paid, and 0
issiga the samoe to A. F. iluff. For per
4onal property, JAsn1 on day of sale. ht
A. F. RU JF, e
Attorney in Fact si
,oct 1:3.-tltxwv and1( Execn tor. ri
SIIERIFF'S SA L am
B~Y virtt'o of an exeoution to me direct- re
L.d 0( will offer for salo boforo the Conr t n
[-ouse door in Winnsboro, on thu first ti
kIonday in Novonisor next, within the of
egial hours o.f sale, F'on CAisn, tho fol-. ai
owving dlescribed prioper1ty, to wit: ti'
All that plantation or tract, of land tv
yling in F"airfield County, oin waters of al
leaVor Crooh, COnlting TnREI"E JIUNDnEn tIl
11ND FOUlnrTMEN ACarEs, niore or les;s, anid
ionndedO( by landls of' Mrs. JT. P. (Colemaen
Iims Sallio P. Layles, 1'. M. Lyhes and
>thoeru. o
ALSO, NI
One tract of land lying in Fairfld
!OurlLy, 01n wa'itOe of 1'll.k Gre'tek, con to
LouxNS, more or les'~s, anfd boundled' by
ands11 of WVesloy Mayfield, .J. C. F"easte,r
Estate of 1H. J. Ly~~les, Mr's. Ti1. E. MElan' o
sa It. Means ande Samiuel II. Clownaey, of
ill lovied on as' the property of' W. &.
hlontoith and lilihardi O'Neale, at the' 0
uit of Edwvin 8. Scott, surv'iivor.
8htrif~g fflOe S. W. RLUFF?
Sherif's Oco,8. F.'C.
Vinnsboro, 8. C.,
October 13, 1877. 00
cot 10-f 1x2
Fire Insurance.
NCOW is, thu time~ to Insure your StI
LDwolin.g., Barns and Gin Houses05 s
kmnple scurity oflor-ed in the OLD ANI) f1n
YELL ESITA lIS1HgD COMP1AN1ES It
oproseented1 at this Agency r
Apply to
JAS. W. LAWV Hi
oct 11 -x t 1m J1m..... e . . o. *.
Columbia Businoss Cards.
EADQUA'Ie pest. (iro.
.- "(riesiand livirdwarl in Columbia ,
LleL founld 1. (hO 01hi reliable hOus f
IVS, Portratils, Photographs, Store
oscopes, c. All old picituret
opiod. Art. (dalory Buibling, 12-t.1 Main
icreet, Cu iipt.t, 8. C Visitors aro
ordially invitted to call and oxamino.
rIIALFS TILAS,formorly of Camuidn,
-j has mlloved to (olumbi,n in I opened
large slock, of' Dry GiUok aid Not-ionm,
Wooin, Shoes, Tr11cun, k.; and valises. Satis
'Actioln guarantc1eed.
'IllI-'E.1- 4. DA\'fs, importers an1d
S/delrs inl Wa1tches, (Jock1w,Jewel ry,
Itvuad Platted Wnrv, Hlluso Furnish
lng Gkoids, . C. N. B. -Watchem and jew
Iry r"piired. Colnbia, S. 0. oct2 7--y
Augusta Adverticoments,
F i-lT i)ry (ILdS 1101use in 01he Son11.h.
Al4 explos re..,i pai<d where the1
rder is $10.00. Writo a Postal for Sam
Oes and Priet t.
V. ll':lAlDS &. 1R1O.,
ocl. 27-- Augusta, Ga.
. V. DeGraaf,
W liolesale 111d Retil
FURNITURE DEALER
--AND)
TnIertaking in all its Brauiches.
17, s47 and 149 Brontd St.
PAllLOA fI SUft'ES.
,ix Chmirs, liair (loth or leps, S21
"4 " " 24
PATILOR ROCKEIRS.
arvcd Top, I U1ir Cloth er Rep, 900
1l 00
17000
.raw anid Cotimn, $3 50
" " 4 O I
hum-ck and Cto t.n, 75
,4 .1 -125
ott n, 0 00
SIDE B8(IAlIIDS.
arble T p.4,,22
-5)
96 :s-5
" " 50
. " 4" 150
PARLOR SUITS.
-ven pieces, Hair (.loth or Reps, . 45
.4 50
90
100
6' 44 VO(
44 449 4461 j
125
jn " T.o ather or Cino 150
ight " ine, upwards to 45
fl. V. DcOILA AF,
oct 27 -Augs G.
No c't tre fr,r.ia0 ir i.kin.g.
hle State of )oUth Caro li
CJOL-NTrv oF PA'.:u:,I.
In the Probate. Court.
T[arleton Murpjhy and OthvLs.
N pousmmoo of an order from tho
.Court of I Probat i for Lairildli Co)unity,
ado0 in theo abovie s'tted case, I will (oiri .
r sale hofore the CJouri lino door ini
mniboro, onl the Iirst Mondacy in Novemc..
~r next, within the legacl bouurs of salo,
1 the rigi, title and initerest of Eldh
im M. Murphy, deceoased, in a certain
t of land ly cng and situacto in the town
Wmnlboro, containing one-fifth of an
rio, mocire or less, aadii (mbrced wvith ni
O following arca, to wit: comm noeing aut
cc southx-west corner of lot numbler one
ilundred and thirty-two of said towni and
oenso running soutLh along L:ongressc
reot thirty live foet, thou cornring anud
mining atrighit-anigles to said( strect in
aonturly diiroetion cdOut two bindred
ia lifty3-HCoe feot. to the track of theo
iariotto, Columbia and Augusta llail..
aud Company, then cornelring aind run..
ing in a northerly dirceion along said
sok thirty-five feot to the souithlerni ind
let nlun,uber sevenkty-two,thuen corn~ferinig
cd running in a westerly direotioni along
e southern line of 1ots n uber seventy
o and one hiundredl andi thirty-two
ocut two hundred and fift.y-fIvo feet, to
e beginning points,
TEn3Ms OF BALE:
One haluf cash, the balanco on a creodit
01n0 year, w ith initorest fronm day oft
10, purchaser~ to givoi lis bonid secured
ai mortiVgage of tho proisesO sold, .ind
pay for all necessary papers.
ALSO, Fon. oAsu:
All the personal proporty, Cmaisli ng of'
e Gold Watoch anid t,he uncollectedl
'tea anid accounts belonging to the estate
tihe saud Ep)hraima M. M~urphy, do..
asled.
S.. UppC
mnccbore, 8. (C.,
D)etobor '., 1877.
t 13-tds
now Piano,md yoeo h ed
in, anfctrs of the Unitd.
i..'oinstrumient. ha Uaco itod
Te ndone-third eavs aondi.s
ishied with alli the latest imiproveuments.
man ho bou.ght at a groat reduction
m retail price.
pl at tihe of010 of TH NEWs AND
:icaI,D.
line 2-t