The news and herald. (Winnsboro, S.C.) 1877-1900, November 08, 1877, Image 2
(91~ -y~R raid
WINNSBORO, S. C.
Thursday, November 8, ; 1877.
R. MEANS DAVIS, Editor,
JNO. S. REYNOLDS, Associato Editor.
COLONEL HASKELL delivered an
able address to the pooplo of Lau
rens, last week, on tho dignity of
honest labor.
THz - WASHINGTON correspondent
of The News and Courier says that
'Col. Aiken and Cain and Rainoy
voted- against a repeal of the re
sumption act, 'whilo Col. Evins
voted for repeal. WO haven't
gotten far enough in political
economy yet, as applied to the
finances of the United Statos, to
know which is right. It is hardly
possible that the Senate will agree
to a repeal.
M&j. T. B. FRASER, of Sumter, has
been suggested for Associate Jus
tice. Major Fraser is one of the
leading lawyers of the eastern sec
tion ; and his head is as clear as a
bell. His counsols in the State
Executive Committee woro ever
characterized by wisdom and cool.
ness. Major Fraser would bo an
acquisition to the supreme bench;
but will two eastern men bo .placed
there? We do not favor sectional
prejudices, but the people may
want a general distribution.
CHARLESTON OLAIMS that the up
country is prejudiced against her;
and yet when a inanimoth fair for
the whole State is in preparation
we are told that Charleston is
taking no active stops to be repre
sented. Is that the way to restore
friendship? If Charleston holds
aloof on such occasions, can she be
surprised that when theup-country
farmers wish supplies they send
beyond the State? We speak in a
friendly spirit, for we regret ex
tremely to see the metropolis and
the back country standing apart.
THE UNITED STATEs SENATE stood,
before Morton's death, thirty-nino
Republicans, thirty-thre Demo
orats, Judge Davis, Independent,
and Louisiana and South Carolina
not represented. It will now
* stand, thirty-eight Republicans,
thirty -four Democrats and one in
dependent. Judge Davis attends
no caucuses,. but often sides with
the Democrats. In two years the
Senate will be Democratic any way,
but the admission of Spofford,
Eustig and Butler would soon'er
make tho change. It is thought
that the Hayes Republicans will
advocate seating these gentlemen,
because the Senate will soon be
Democratic anyhow ; and it would
be better for the President to have
the majority in that body friendly
to him, than by aiding the factious
opposition of the extreme Radicals'
to antagonize the Democrats.
Hayes will present the spectacle of
* a President who has outlived his
party.
The Judicial Elections.
Apropos of the election of judges,
the Register has examined the
record and gives the proceedings
of the convention that ordained the
conflicting sectious of the Consti
tution. It says :
On page 617 of the proceedings,
we find the disputed section re
ported as follows: "Thme State shall
be divided into convenient circuits,
and for each circuit a judge shall be
elected by the gual(/led electorfls
thereof, who shall hold his office
for a term of four years, and during
his continuance in office he shall
reside in the circuit of which he is
judge."
Mr'. C. C. Bowen moved to strike
out the word "thereof" and insert
the words "of the State," which was
not agreed to. Mr. C. M. Wilder
moved to strike out the words
"qualified olectors" and~ insert the
words "by,joint vote of the General
Assembly." Debate ensued upon
this proposition, and quite a num..
ber of those who afterwards bore
such a conspicuous part in the
degradation of the juiciary system
participated in the discussion.
. 0 * * 0
Me~ questir~ was taken on the
adoutIon of the amendment offered
tho affirmativo by yons (5, nays 24.
Tbore is nothing further contained
in the proccodings relativo to the
manner of voting for circuit judges
until the final passago of Art. 4,
which was adoptud twolvo days
after the amenduient was passed.
Tho articlo was read by sections,
andi as ratified contains the words
"joint ballot." How did this occur?
It was not by authority of the con
voition, and the only rational cx
planation is that tho mcaning of
the terms employed was not fully
comprolendod by tho members
present. It wats only two days
before the final adjournment, and
if th word "ballot" was insorted by
an engrossing clerk uder a misap
prehension of terms, the differonce
failed to at tract attention. Wheth
or or uot the Supremo Court will
entertain this conversion of terms,
as material, in considering tho
authority given by the Constitution
to cleet circuit judgos by joint
ballot, we are unablo to conjectare.
Certainly, the clauso has remained
untdisturbed from tho time it was
surroptitiously placed there on thu
final passago of tho section,
although the pratico has boon
uniform in disregarding its pres
enco, until tho Democrats caio into
power. It is an importait tistion,
however, and1( the highost inlterecsts
of the State demand an early solu
tion. 'Six circuit judges are oi the
bench'without havuing been chosen
by the me thod prescribeId in the
State Constitutionl, as it was adopt
ed on the 14th day of April, 1869,
and jiisticc to all parties requires
that there should be no doubt as to
the validity of their titles.
If six jud-cs were not 10011 in
accordaneo with the provisilons of
a section in the Colnst'tuticn,
another judge wias not clect,,!d in
accordance with the provisions of a
hdifferent section, equally plain. In
a i celecion by ballot, how can the
namtes of thoso voling, with the
candidates for whom they vote, be
entered on the journal? If we are
to fly in the teeth of a part of the
Constitution, in whatever way the
election is held, it seems to us
better to disrogard that section
which is incongruous, an(d at vari
ancO with tIe whole spirit of the
Constitution, as d eclared in tio
provisions for other eloctiois.
(CONTwxiUN rA:E.]
TRIA L JUSTICES.
Messrs. Editors:
Public attention seems of late to
have been part icularly drawn to
that class of officials denominated
b)y statute tr'ial justices. Much has
b)eenl said and written concerning
tihe system of tile adnmistration of
the laws by trial justices, and
doubtless good grounIds have ex.
isted for all the complaints that
have been made in regard to the
system, or rather to the abuses
that have gr'own upon it. It is at
well established pr'inci ple tha t
courts of justice are created pri
marily to punish evil-doers, and no
tribunal so created can accomlish
its mlission unless directed intelli
gently, and with an eye single to
its original design. This leads mnc
to remark that no system inaugu
rated for tihe purposes just out
lined can succeed iln tile hands of
ignoranlt and uninformed per'sons5.
Nor can the trial justice systeml
over 1)0 brought to subserve the
objet of its conception so long as
men are alppoin ted to tihe office of
trial justice simply because they are
good, hlonest, clever fellows, with
out regard to tile question' of their
fitness for the position. It is
preposterous to say that thme laws
can be intelligently and pr'oper]y
administored by men who on the
day before their induction into
office did not know the difterence
between the Ilovised Statutes and
Homer's Iliad. It is equally ab
surd to suppose thlat a man, wholly
unacquainted withI thle rules of
evidence, can conduct the judicial
trial of a person accused of a crime,
where frequently qulestions are
sprung toulchin)g the admissibility
and comp)etency of testimony. It
does not follow from this reasoning
tihat none but lawyers should be
appohfted trill justices, but it (lees'
fQoo that hImteligent, wvell-educat..
ed men only abould have confided
to them so responsible a trust-men
who have the capaoity to take in
and act advisedly upon the legal
knowjedge and 'inforination neces..
ministration of tho ofiico. A trial
justico nood not bo a practising
attornoy, but he certainly shouk
possess, or subsequently acquire
considorablo legal informat.ion, botl
from the statutos and from text
books. If ho is totally ignorant 0.
the laws ho is sworn to execute
and has noithor the desiro nor th(
ambition to inform himself, thoi h(
is comnitting a clime againsl
society in accepting a position in
volving so much responsibility.
Forbear. then, Messrs. Editors
to condoin a system that has nol
yet had a fair trial. Rather expow<
the abusc, tbat have crept into it
Lot the incompetetcy of t.hos wic
vainly attempt to allilifter tl(
laws under it be fifly laid bare. Ij
it call bo demonst.,ted thiat personm
possessing the reqisito (llalifica
tions can not be found to conducd
the system properly, then ab1olis:
it altogether. 'tiere is.- no douibi
but that it has beeni a gleat burdn
upol most comilmulli ties, not of
itself, but becausc of its abuses. I
those can not be remedied, ther
erase it fromIl the statute book.
LEx.
Ain orictttil traveilor describes this
busy sceno williessed On historic
shores : "Our stem:uer landed o
a beach which was the port of Anti.
ochi, whwe thle disciples woro firsd
c:lled Christians. There was nc
towil at the water's ede, 110 people,
1no wharf. Tihe passengers and the
111echalldiso were put ashoro ii
lighters, whihll ran u) into the san1d,
A t oup of camels, with their driv.
ers, lay on the beach, ready to trans
fur thu goods into the interior.
Among the articles lideI wor
boxes narked 'Dit. J. C. AvEii & Co.,
Low::., MASS., U. S. A ,' showin,
that they contained iedicines nid
and whenice they cane. Thesc
with other goods u er0 hoisted on the(
backs of camels, for- tranisport,tion
to Antioch. This tho t-kill of th
west senish back its re,iodies to heal
the ma1.lilies of popillatiols that
inhabit those eastern shores, vl(.le(
onrV spiritual I tuila caino." -- 1'inm
Sor, ( 17.) Chrouicle. *
Columbia Business Cards.
hA iQ UAR I iU- f'r chesllpt (r.
-.r:os arid 11ard-ware in cohm-r.bia
to be lound at lhe ohl iteliable houSe ot'
1LMICK A LOWtANM'.
Pmrtaits, Photographs, Store
1 p . All oil piture
copiti. Art 1allery inilding, 1-24A .Mlail
cordinil ill vited to call aund examile.
'1iA iL.'S ELIAS,frorlyllv of Camden
J a Itiove.1 to (11h1mbi, an i opele(
a large stoehi<, of' I )ry Goods 'umi NoZtions
lhoots, S:aoQs, Truinks and Valhise's. Saltis
p jECKiLINt'i GALLERY--OppjositE
liniish ed in thle latt St,1 stle' otf the at
~l)lElRCKS' & DAVIS, impor't.r an;fli
.tOhdealers in Watecs, (C'lcs,..lewelry'3
S ilve'r amnd Ptlatedt Wair', llouse Ft rniish
ing Goods, &c. N. II. W'atchecs anid je'w
elry r'epair'ed. Colmiatiii, N. i'. oct '27
5. E,Mg&er&Co.,
CHARLl1sSTON, S. C.,
FOREIGN AND DOMESTIC
IARIDWARIE, Cutlery, Guns, Sad
dieory, liar iron anmd Plow Steel, Gucum-'
ber Puimps,
FAIRR ANKS' SCALES.
Agents for Bouth Cairolinia for the
celebrated Fasrmer'is Friend 1Plow's, one,
two and three horse, at reduce~d prices.
Liberal Termiis to the Trade.
Large assortnnt of Agricul tumral Im
plcmen'its,* A gricuturai 'l Steels ai speciality,
Bull TI'ongoces, Turn'i Shovels, Scooters,
Sweeps, lleel Bolts &c.
State Agents Trecdcgar Hlorso andl Muk
Shoe..
.Pi1 All orders shall receive promup
and car'eful attentioni.
J. E. ADGER & CO.,
oct 10l-xtug oot (100 Charleston, S. C,
The State of South Car'olina
COUNTY OF FAIRIFIELD.
111q 0. J1, T1IOMPN1ON, E'<., Pr,oblxe Judge
WV HEREAS, Robert Halsell hal
mmado suit to maO to granthi Int ort'
of administration of tho estate anti offect
of Peoter H alsell, doee ised:
These are therefore to cite and adm ,nisi
all and singular the kcindred and1( creditor
of the said Peter Jliill, deoeas'ed, that
they be and appecar before me, in the tour
ofP1robate, to bo hold at Fairnoeld Cour
llouse, 8. U..,on theo 21st day of Novem-be:
noxt, after publication, hereof, at II
o'olook iln tihe forenoon, to ahlow cause,i
any they have, why the said administra
tion should not be granted.
Given under miy hanl,4'this 8rd da
of Novemnber, A,'o Domini 1877.
J.' TUOMPSO.
Augusta Advertiemonts,
4ES' Dry Goods hlonse in Oho Sont .
All express froights paid whore I-lte
order is $10.00. Vritc, a Postal for Sam
pIes and Prico Lit.
V. RICHARDS & 131O.,
oct 27- Augisti, n.
G. V. DeGraaf,
Wholesale and Retail
FURNITURE DEALER
-AND
Undertaking in all its Branches.
147,147- and 149 Broad St.
CHAMBER SUITS.
Imitation Walnut. or Oak, $ 20
Ten pieces, solid head, carved top, 24
3A
40
45
6% 0 &05
DRESSING CASES.
Ton pieces. $ 40
Te ' -e.t 45
()0
55
- (60
6 6t Wa111nu1t, 70
It a c, 80
a 46 100
"9 upwards to 600
CHAIRS.
Cane -Seat, per half dozen, $ 5 75
"Dittinig. " 8 75
bmnt Dining, per alf dozen, 1 00
Split Scat, " " 3 50
Be.st Canol Seatt, " 6" 4 75'
Wood ..ealt, " 6" 3 25
ROC KERS.
Wood Seat,Arm, $ 2 00
". " Nuiirse, 1 00
canle Seat " 2 50
Alrm, 3 75
G. V. DeGRAAF,
oct 27- Aulgista, Ga.
7' No charge for drayage or ,acking.
Estate Sale.
F Y virt uc of a power of attorney given
) to mo by those interested in tho
vhtate of). II. 1iuff, deceased, I will offer
for sale tit public ontory, at lidgeway,
S. C., on the 20th day of Novembler next,
the Iollowing real property belonging to
the estate of the said D. H. R1f, de
ceaseud:
One lot of laud, containinf about four
neres, on which stands a two story dwell
mlg-house
Two lotk of land, one acre each, on each
of which stands a vot'lge.
One lot of land, contaiinii g one half of
an acre on which stan,ds a simall cottage.
!tie tract of land on Dtchmall' t' reck,
containing one hundred and L-v, nty-live
aes, mure or les.
.uI.so,
the' samte timen and place, the "followig
tersniial pirope)rty:
One. line l'inno (Knabe), 7.) octaves.
One !.noe .arlor Organ.
TIwo (old Wiates.
tine lIlggy' iundu Hurness.
One E:ight-day Clock.
One sett or Waln nt Furnituro,';omplete.
Tw'.o Milchn Cows and Calves.
Household and Kit chen Fu rnituro, and
other articles.
TElsoF SALE-For real estate, one
third cash, and the balanice on e credlit
of one and twvo years. with interest fromi
day of :ale, to ho secured by bond of
purchaaser and miortgage of the piremises;
purchaser to pay for all necessary l)aplers
and to priocurO policies of insurance on
the several buildings, to be conitinueid
until the p)urchase-money bo0 paid, and
assign the same to A..F. Iuff. For per
sonal property, CasH on day of sale.
A. F. RUFEF,
Attorney in Fact
oct 13-t1ltx3w and Executor.
Thei Stato of South Carolina.
TO Daniel W. Gladden, James Tidwell
and Keziah Tidwell his wife, Isaiah T
(ilad len, William II..11. Mingo ar d1
Mary .Jane Mingo his w~ife', logal heir's
and r'epreentatives of .linlor dia(dedn,
whlo died intestate:
~%TOU aro hereby required to appear at
Ithe Court of Probate to be holden at
Fairleld1 Court H-onso for Fairtield
County. on the 1 0th dluy of December,
A. 1). 1877. to showv cause, if any you cnn,
why the real estate of Minor diadden,
dlecased, dlescribed in the petition of
Elizaf J. Powell, niled in my offne, should
not b)0 divided or sold, allotting' to the
said( Eliza J. Powell one-half, and to tho
said Daniel WV. Gladden, Keziah Tidlwell
and Isaiah T. Gladden the other half in
eqnal proportions betwoon thiemi.
Given under my hand1( and seal, tisl
4th (lay of October, A. D). 1877.
0. R1. THOMP30N,
r,. s.Judge of Probate
F~airfield County
TO the defendants Daniol W. Gladden,
James Tid well and Keziah Tidwell his
wife, William Hf. H. Minge and Mary
Jane Mingo his wife.
r I'AKE notice that the summons in this
i. action, of which the foregoing is a
copy, was filed in the office of the Probate
Court, at Winnsboro, in the county of
Fairfield, in the State of South Carehina,
on the 4th day of Oetober, A. D, 1877.
J A . HI. R ION,
Petitionor's Attorney,
~ eet9xiaw8w Winnsboro, 5. 0.
NOTICESl
TIHE tax-payers of the town of Winne.
1. bore are hereby notified that town
taxes must be paid on or before the first
of December next.
WI1. O IIANDmRR
NEW1S AND11 RIERALD
WEEKLY EDITION,
IS I U13LISHIED EVB79IY WEDNESDAY AT
WI N N S B 0 R.0, S. C.
13Y TIRZ
WINNSBORO PUBLISHING CO
IT CONTAINS A SUMMARY OF THE
LEADING EVENTS OF THE DAY.
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County N6ws,
Political News, Etc.
THE EDITORIAL DEPARTMNt
RECEIVES SPECIAL ATTENTION.
THE LOCAL COLUMN
IS well filled with town and county news
The aim of the Publishers is to issue a
FIRT-CLASS FAlMILY NEWSPAPER.
-0
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JOB PRINTING
IN ALL ITS DEPARTAMENTS DONE IN
TIlE lIEST STYLE AND AT THE
LOWEST PRICES.
We are prepared to furnish, on short
notice,
BANK ChECKS,
BILL HEADS, NOTES
ENVELOPES, LETTER HEADS
INVITATIONS, CARDS,
AWV BLANKS, POSTERS
POSTAL CARDS, ETC., ETC.
TermiS for Job Work-Cash on
Delivery.
All busmness communientions should be
addressed to the
Winnsboro Publishihg Companiy
WINNSBORO, S. C.
NOTICE.
N OTICE is hereby given that appliea.
tion will be made at the next sessien
of tho Legislature, to alter and amend
the Charter of the town of Winnsboro,
South Carolina.
By orderot Town Coihell:
WM. N. CHANDLER,
- nov 1-tim #3lerk.
Executor'S Notice.
AoLprsorns indebtedc to the estate of
(IDavidc H. Ruff, dleoensed, are request..
ed to make immediate pamnt t he
undersigned, and those oding olafzms
against said estate are hereby' notified to
present the same p$operly itt ested.
, A-,W. KtUIT