Historical Newspapers of South Carolina

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TRI-WEELY DITIN INSBRO C JNE 8 195.ESTABLISHED 1844. WON BYHE STATE. JUDGE GOFF TURNED DOWN. t The 18estralning Act in- the Registra- e tion Matter Improperly Granted Judge Hughes' Individual Opinion. t The celebrated South Caroliza re- I gistration case was decided in the Uni- t ted States Circmt Court of Appeals at Richmond, Va. on Tuesday. The t State wins, Judge Goff's famous in- 1 junction is dissolved, and the original bill -nilI be dismisse. The decision of the court was announced by Jndge Hughes and an outline t of the court's position was given. t Judge Hughes suomitted a strong indi- I vidual opinion, and the order reversing t Judge Goff was 4nterea at once. None < of the counsel who took part in the ar gument were present. Judge Huehes, e in announcing the court's decision, < said : "This case was heard by the t Chief Justice, Judge Seymour and my- 1 self, on Friday last. We thought it t was of a character to call for an early E decision,- and it was determined, t after adjournment on Friday, that the I decision should be announced to-day -a decree -entered. The case was exhaustively argued at the bar, and nothing. can be gained by waiting a firther time for the examination of briefs.. We are of the opinion that the injunction which was granted in the case ought to be dissolved and the bill dismissed. A decree to that effect will . be entered at once. The opinion of the court on the important questions pre sented by the record will be prepared by the Chief Justice and filed and re ported as soon as practicable. Mean time,. a brief statemept of the grounds of the decision prepared by the Chief Justice is now filed." The Chief Justice expresses himself as follows: "The judiciary act of March 3, 1891, contemplates prompt de cision on appeals such as this, and as we'<ainot give extended expression to our views -at this time we content our selves with a brief statement of our conclusions. "Under section 7 of that act, where, upon a hearing in equity in a Circuit Court, an injunction is granted or con tinued by an interlocutory order or de cree, in a cause in which an appeal from a final decree may be taken, under the provisions of this act, to the Cir cuit Court of Appeals, an appeal may - be taken from such interlocutory order -o'r decree-granting or continuing such injunction to the Circuit Court of Ap * peals. V "By section'tivfe, appeals or writs of error may be taken to the Supreme Coit 'in any case in which the consti tution r law of a State is claimed to be in contrkae'tion of the constitution of J the United States,' but although the 0 constitutio ality -of a State law may be 'drawn iuestion in the Circuit Court, yet if case may be disposed of on other.groan ,not involving the i validity of such lai, we think this court has jurisdiction on, appeal. Car ry vs. railway company, 150 United --- States 170: United States vs. John, c 155 United States 109. -If in the e instance of appeals from interlocutory e orders on consideration it shinild ap pear that the question of the consti tutionality of the law is controlling and d must-be decided, the cause can be re- e manded to the Circuit Court that ap plication to the Supreme Court for cer tiorari may be made. American Con struction Company vs. Railway Com-. Dany, 148 United States, 372. In this case the bill of complaint challe7 ged the constitutionality of certain laws of South Carolina, but the question was raised on the threshold whether thet case was one of equitable cognizance, and this being so, we sustain the .jurisdiction and over-rule the motion to dismiss. "The jurisprudence of the Unitedd S tates has always recognized the dis tinci on between law and equity, as un der the constitution matter of substance0 as well as of form has procedure. Catere vs.~Allen 140, United States 451; Missis sippi Mills vs. Cohen 150, United Statesb 202, 205. S"It is well settled that a .Court of *Chancery is conversant only with ques- ~ - tions of property and the maintenance of civil rights. The court has no juris diction. iu matters of a political nature' d or to itntefere with the duties of any de-n partment of government except underb special circumstances and when neces sary for the protection of rights of prop erty, or in matters merely criminal or merely informal, which do not affect any right of property. In Sawyer 124, United States 200. Fletcher vs. Tuttle - 15!, 111, 41; Hardesty vs. Taft 23, Mary ' land 513; ex-parte Lumsden, South Carolina, 10 E. Rep. 710. "The equitable powers of the court * an only be invoked by the presenta tion of gase of equitable cognizance, 4 and there c'i-be no such case in the L Federal Courts 'where there is a plain ~ * and adequate remedysat law, nor does illegality alone afford ground for equita ble interference. Shielt'n vs. PlattS 139, United States 591. "Tested by these principles the bill of complaint cannot be maintained, for it asserts no threatened infringement t of rights of property or civil rights, e and no adequate ground for equity in terposition. Being oi this opinion thec rest raining orders must be reversed, and the cause remanded with directions ~ Sto~ dismiss the bill." The opinion filed by Judge Hughes p is an exhaustive treatmnent of the ques- d * tion raised in the case. The other il judges who sat have not had an oppor- t: tunity to see the paper, so Judge s Hughes is solely responsible for it. n JUDGE BUGHEs' OPINION. * Judge Hughes' opinion in the South c Carolina case is in part as follows. p Th~e Judge gives a careful review of the v record, and continuing, says: g "There is nothing in -the record to P .show that the complainant is man of1 color, or th'at those for whom he sues - are colored persons. The bill contains a no allegation that the provisions of law a complained of were devised against the complainant or those for whom he sues r on account of their race, color, or pre- ~ vious condition of servitude. There is nothing in the averments of the bills from which it may naturally, or must necessarily be inferred that the com plainant and those for whom he sues are citizens of color. There are no a averments in the bill which show that the case falls within the prevised of the fifteenth amendment of the consti tution of the United States.n "m. Anoe the bill contain any alle ations which raise a Federal question inder that clause of the fourteenth mendment which forbids a State "to eny to any person the equal protection f the laws." It charges that the ef ect of the provisions of the registra ion acts complained of is to give un qual facilities of registration to differ nt classes of citizens; but it does not oint how this is so. It leaves the dis rimination, as to the privilege of regis ering, if there be discrimination, to in erence and research in sources other han its own averments. "It charges hat the provisions of law complained >f discriminates; but does not describe he manner of discrimination, or define he classes affected, pro or con; nor does tshow that the laws complained of in Liscriminating between classes as to the t >rivilege of registering granted by hem, violate the clause in the four eenth amendment, which forbids a tate "to deny to any person within it, he equal protection of the laws." It onfounds privilege with protection. i "he bill has no reference to a Federal lection in setting out complainants J ase. The gravamen of the bill, con emplates only a State election to be eld for members of the State conven ion to convene in August next. It is 4 Lot shown that any Federal election is , 'be held in the State of South Caro- ( ina before November, 1S95. "To the bill, thus.described and to he orders of injunction granted by the t :ourt below, in pursuance of its prayers, everal objections are urged in behalf tf the State of South Carolina. In what llows I shall consider but one of hese. In the ruling of the Circuit ,ourt, readered on circuit in this case, t was held that the court had jurisdic ion to restrain a county supervisor of egistration in the performance of his uties under the election laws of South Farolina. &. t "The division of our government ( nto legislative, executive and jadicial t lepartments. is a distinguishing feature r f our American policy, and it is essen- e ial to its existence that each of these lepartments shall be independent of he other. The division is fundamen al and organic. It would be just as angerous to its stability for the udicial department to over-ride t he others as for the legislative or xecutive departments to do so. Hence, ile thq right of the judiciary to pass pon the constitutionality of the laws s undoubted, it has that right simply s an incident to its protection of pri ate rights. It has not that right as a aere means of settling abstract ques ions; and even in the enforce aent of private rights, it has not he power to interfere with the discre ion vested in the ot.her departments or ith the exercise of the political powers f those departments. It seems to me hat it is a dangerous encroachment tpon the prerogatives of the other de s iartments of the government, if the 2 diciary be entrusted 'to exercise the ower of 'interfering with the holding f an election in a State. If the super 'isor of one county can be enjoined rom the performance of the duties im osed upon him by the election laws of t he State from whom he holds his com- d iission, those of the other counties can I Le also. Thus a single citizen in each i ounty (and in the case at bar he is not ven a qualified voter) can enjoin an lection throughout the entire State, nd thus deprive thousands of their ights to vote. If.a court has power to o this, free elections are at an end. If lections are improperly held, there are ppropriate means provided by law for uestioning their results and remedying rrongs without the exercise of this angerous power by the courts. A can icate who has been defeated may con st; a voter whose right to register as been denied may proceed to compel le enforcement of that right, and ese privileges give what the Legisla are deems sufficient protection to the jured; but in my judgment, one citi an cannot, under pretense of righting" is own wrongs, disfranchise others. I o not think that a court has jurisdic on to interfere by injunction or other ise with the enforcement of laws by lcers holding and deriving their pow s from these laws; certainly not to ie extent in which it is attempted to e done by this bill. "In arriving at this conclusion I have ot considered the question whether or t the registration laws of South Caro na violate the Federal constitution of ws. I prefer to rest my opinion upon 1e ground of the independence of the ifferent departments of the govern ients upon the policy of interference y the courts in question which will re ilt in dragging them constantly into ie arena of party politics: and upon ] ie general principle that each depart ent of the government and each officer jereof, high'or low, has the right to Iminister, according to his best judg ent, the duties imposed upon him by ie laws creating his office. As illustrat ig these general principles, I refer to ie following decisions: "Mississippi vs. Johnson, 4 Wall, 75; Gaines vs. Thompson. 7 Wall. 347: ouisiana vs. Jamel, 10.7 Um'id St.Rtes, .1; Hagood vs. Southern, 117 United ;ates, 52; Ayers in re, 123 United ~ates, 443; in re Sawyer. 121 United ates, 209.. "It is useless to cite the many cases hich bear on the questions arising in is case and so prorusely at the bar. "So far as the rights of the individual Implainant in the bill were concerned, may have been competent for the 4urt to grant individual relief. The ipreme Court of the United States ie other day, granted relief from the eyment of an income tax to the in ividual complainant in the suit before but it went no farther. On the au iority of Mississippi vs. Johnson, pra, we may assume that it would ot have entertained a bill for en ining internal revenue officers I the government from collecting in >me taxes generally. The judicial3 ower covered the right to grant indi- I idual relief, but did not extend to the neral power of repealing the law im osing the tax as to the entire public. repeat that in the case at bar it may a ave been competent for the court to1 rant individual relief. But the billI ;ked more. It asked similar relief for l citizens of the county situated like 2e complainant. Ii practically asked alief for a numerous political party rmig a portion of that people to -hom the Legislature was solely re- I onsible for its laws and to whom alone I 1 genius of our institutions makes ie Legislature responsible. Moreover, brought the court into immediate ad active contact with party contesta on. It made the court a controlling ctor in party strife. "I can imagine nothing more per- 1 icious than a direct participation by poldics of the peoDle. The bill asked practically that the process of registra ion under the laws of the State should be suspended in an entire county dur ing the pleasure of the court, and that ill the citizens of a county, not then registered as voters, should be denied the right of suffrage during that pleas ure. It seems to me that the mere statement of this view of the case shows that the injunction was improv idently granted. "I think the bill hould be dismissed." "DOWN WITH TYRANNY." rhe Latest 3Manifesto of Cuban Res olutionists. The following manifesto was circulated in he city of Havana. on the 11th inst.: "Maimo Gomez. at the head of two thou and men. entered Camaguey and was joined y the Marquis of Santa Lucia with fifteen iundred men. Twenty of the most promi ient men have followed the brave leader. [here is no hope for Spain. Remedios has oined the expedition under Roloff. who is vell supplied with anmmunition, etc.. and five housand pounds of dynamite, which have >een put in bombs of different sizes. The anding of the expedition under Jero and erafln Sanchez is confirmed. They have vith them six expert powder makers and Lynamiters. In Santa Spiritus. Province of ianta Clara. there are six or seven bands o Ifty to one hundred men each. "~The challenge extended by Gen. Garrich, hat the insurgents would get more provis ons. has been accepted by Maceo at the head >f seven thousand men. Maceo is burning owns and plantations and capturing all con evs that attempt to pass through that outry. The lives and property of all Span ards who love liberty, will be protected. pro iding they do not offer assistance to the overnment. "If Spain had looked for a general capable f using her army faster, she could not have ound one to exceed Martinez Campos, who ives his suffering soldiers no rest, who under he burning sun of this hot climate are dying i hunger and are without clothing. Even he home rule party say that an armed insur ection is indispensable to influence the gov rnment in favor of home rule. "The Mahon convicts are all joining the ebels. The daily expense of the govern aent is $150,000. Martinez Campos admits aving lost 10.000 soldiers up to date. The oldiers are dyinginthe streets of Manzanillo f disease of all kinds. The people of San iago de Cuba. Guantanimo and Baracoa are ing of hunger. "There are over 18,000 well armed in urgents. Brave Spaniards, lovers of liberty. escendants of Riego and Pinto. Hurrah for iberty! Hurrah for Cuba! Down with the overnment and tyranny! Hurrah for aximo Gomez! (Signed) "Cuban Revolutionary Party." A MILL THAT PAYS. t Has Made 7 Per Cent. in Three Months. At Huntsville. Ala.. the directors of the )allas cotton mill have declared a semi 6nnual dividend of 3 percent on the common tock. payable July 1st. The Dallas mills vere built in 1892 and aside from dividends Lave a surplus of more than $100.000. Thb arnings for the past six months were about per cent, out of which the 3 per cent divi-. tend is paid and the remainder.passed to he surplus fund. The directors have almost ecided to build a $600,000 addition. untsville is the largest cotton manufactur ng city in Alabama. TE(iRAPH11IC TICKS. The KnoxviJ!-. Tenr.., Iron Company has posted notice of an irorease oi 10 oer cer of the wages of all employer. The shops and round house of the Santa Fe Railroad. at Arkansas City, with many engines. were burnedl to the ground. Loss $50.000 to 200.000. Eight briek 4tores. five frame stores, the Episcopal Church and two residences were' burned at Washingztoo. G.. Wedlnesday nighr. Thbe loss is $40.000. J. R. Holland. who embezzled some $95, 000 from the Merchants and Farmers National bank of Charlotte. N. C.. of which bank he was eashier, plead guilty and was sentenced to seven years in the Alb'any penitentiary, with labor not too hard on account of his poor health. Juidge . ;on. the new Attorney Genernl arrived in Wa-hington Tuesday morning and proceeded to the State Department where he took lis: .athi of fiee as head of the Depart ment of Justien h-.-fore Justice Harlan. 'of the uipreme~ Court. Hit' welcome wvat a bearty onie fromn alP h:nd.. At St. Louit. Mie:.. Mrs. Herman Becker. ged thirty-Mu>r ..-ears. killed her two chil ren. a boy and "iri ag~ed four and five, and :hen .'ommnitted. duce It is claimed that S1rt. Becker -~ iot o' sound mind. She Feft a letter .saying that she wa.a sick and o were th" chidren' ami they must die. Presidlent De&. ol' the A. R. U.. has re ported to Unit'- S.talte Matrshal Arnold at hicago. for mn"-:a'l to jil to serve the re ainer: of hw; -ute~ac" 'or contempt of Lourt. K.eith:r. Howard. Rogers. Elliott, Burns. Ho;;in 'ant Goodwi.n. other A. R. U. >ficers and1 dire-tor.-. unnder' sentence with Debs, also :-p'orted~ to the marshal. Mad eren placed in jail to :;er'.e their terms. At a mneetit:: of rho executive committee of :he Cottoa Stat's ar':l International Exposi ion Wedne.=daiy. it wals dlecided. owing to the er iheavy ,mna for space which' the nanagemiem is who'lly uinable to till. not ,vithtaid.i a. tbe lari-e proportions of four eni bu~ildingst. to b'uild an anu x to the nanufaturers anzd liberal arts buunding. Cotice was recei&vedl from the .aeeretary of iromotion of the Mexican Government that an w.ere readyv for the Mexican exhibit, . asking that a very large .wou~(~nt~ of spafce e set asidt for '~ ba;n r pose. THE ADVANCE IN PKlChek. Lhis is the Feature of the Week Ac cording to Bradstreet's. Bradstreet's 'Commerciai report says of ast week : The speculative spirit which eemed to dominate both commercial and inancial circles until a week or ten days >ast is still less conspicuous in all lines. hile busiuess throughout the country may e characterized as quite raw, the tone of taple markets continues strong, and confi lence in a good demand when the fall sea ron opens next month remains unabated. Te feature of the week, as heretofore, is he continued long list of advances in prices, otably those in iron and steel, and the up yard movement of bank clearings. Higher rices are recorded for some cotton goods, hoes, hides, leather, paper, pig iron. steel: ;alvanizd iron. black sheets, canned goods, 1 iogs, wheat, corn, oats and some grades of heat flour. Prices for live cattle, wool, coal ud lumber are reported unchanged and fIrm, rith siiver, cotton petr'telium and lard alone Loteworthy as showing lower rprices than ast week. Southern cities in most Instances report rade and colleciMons fair, with no special hange from last week. A light gain ini de nand is reported from Atlanta and Jackson rille. where collections are also better. An proved condition of' business prevails at lew Orleans. Failures in fou- weeks of May showed labilities of $9,329,181; of which $3.401,876 vere of manufacturing and $5.345,308 of rading concerns. Last year the' total was ~9.787,92, of which $4.061,692 was of manu acturing and $4. 281.886 of trading concerns. alures for the week have been 193 in the Jnited States against 216 last year and 25 in HARK, YE PEOPLE. ANOTHER ADDRESS FROM FOUR TEEN OF THE FORTY. it Advises That the Action of Edge field and Aiken as to Equal Rep resentation be Followed and Compromises Made. Fourteen of the Forty met Thurs lay night in the parlor of the Grand Central. Hotel at Columbia. Those present were: J. E. Ellerbe, Marion; D. E. Finley, . ork; T. J. Kirkland, Eershaw; T. P. Mitchell, Fairfield; Louis AppeltClarendon;J. W. Hamel, ancaster; Conservatives, C. E. Spen -er, York; F. H. Weston, Richland; Jeorge Johnstone, Newberry; J. W. erguson, Laurens; B. H.. Boykin Eershaw, T. H. Ketchin, Fairfield; H. B. Richardson, Charendon; 'Henry T. rhompson, Darlington. As can be seen from the above only welve counties were represented, but etters had been received from the embers of the committee in nearly il of the other counties in the State, ;o that those present could act in :elhgently and with the sentiments of ;he people of the State as reflected by ;he Forty well known of them. It was stated that the greater part yf their work was private. . All that vas given out was the following ad Iress: THE ADDRESS. [o the White Voters of South Carolina - the working committee constituted -by tuthority of the conference of Reformers d Conservatives which met in Columbia >n the 27th of March last, commonly known ws tha. committee of the Forty. in view of the ,rave conditions still confronting the peo $le of this State, deem it proper and expedi mt to make some recommendati'rs, in furth rance of the well knopn objects and pur oses of its organization. We desire to call Lttention again to the cardinal principles set orth in the platform adopted by the conven ion. namely : The mainteance of white ;u:-remacy "by fair constitutional methods," nd CC earnestly urge upon every patriotic ;on of South Carolina, without regard to ,olitical faction, the importance in this crisis >f contributing everything in his power to he attainment of that end. To those who ave labored for a reunited Democracy and he restoration of peace and unity among he white people of the State, it is a source >f gratification that a number of counties iave already taken such action in regard to he election of delegates to the Constitutional onveution as will obviate all friction among ;he people of our race, and willtinsure the election of men whpse undoubted qualifi otions and lofty patriotism eminently fit hem for the important dutiestheyhave beel alled upon to discharge. We cannot appeal too strongly to those ounties which have not yet acte in this natter, to take immediately sometteps that will place them in line with this movement, d "will render it general throughout the Rtate. The practical method of tolvin' Lhe- prob tem is' after all. one that every county must ;ettle for itself. The time for action is very short. The crisis that confronts us, it goes without saying, is imminent-we believe the white people of South Carolina fully realize his. It is now time to act and to act now. Thos. J. Kirkland. Chairman. Franis H. Weston, Secretary. WASHINGTON LETTER. rhe Grand-daughter of the Author ol "Star Spangled Banner" in Hard Luck. Quite a little flurry of indignation has fol Lowed the discovery that among the ninety nine clerks dismissed from the Pension Bu reau. in accordance with legislation enacted by the last Congress. was Miss Elizabeth N. Key. a grand-daughter of Francis Scott Key. uthor of "The Star Spangled Banner." Miss Eey has been a clerk in the bureau since 1881. has a fair record for efficiency, and is he sole support of her mother, who is blind. A strong effort is being made to secure Miss Eey's reinstatment and it is believed that it will succeed, for notwithstanding the pro pensity of the average American to say, there's no sentiment in business." every. ody knows him to have a vein of sentiment in his nature, which once aroused thorough ly dominates his action for the time; and if :he idea of turning out women descendants >f the author of "The Star Spangled Banner' : starve, or exist on the charity of the world, ioesn't reach that vein of sentiment its outer oating must be growing dangerously hard. Attorney General Harmon agrees with Presi lent Cleveland on the financial question. as Ir Cleveland probably knew before he made aim a member of his Cabinet. Speaking on :he snbject Judge Harmon said : "In the present situation it seems to me mere folly :o talk about the free coinage of silver. The ynly way we float the silver we now have is v attaching an applied greenback to every sIlver dollar--or, in other .words, by the ~oernment promising to redeem it with a ;old dollar, if necessary, to kcep the two squal. Of cource there is a very narrow imit to the government's ability to do that. ,esides I know of no reason why it should lo it. If there were free and unlimited roinage of silver the government could not tep the two metals on a parity very long. md the result would be. by the law of money, :hat has been settled from the time that man 2d money. the gold would all disappear md there would be only a silver basis." eedless to say the silver men do not agree rith either the Attorney General's argument yr his conclusions. "Flag Day" was universally observed in lashington on Friday. by a display of the sational colors upon buildings public and >rivate, business and residential, and upon ;he persons of men, women and children. 's a good thing. and the Sons of the Revo ution deserve credit for their efforts to have he anniversary generally observed. It is mpossible for any people to love their flag oo much, and not a few Americans have hown a disposition to love ours too little. The administratson is on the eve of a sum ner separation. The last Cabinet meeting ias been held and Mr Cleveland. having is ed his anti-fIllibustering proclamation, is -eady to join his wife and family at Gray }abies. In accordance with his usual practice he time of his departure will not be an tounced until after he has gone-no bull in nle: a mere statement of fact. President Cleveland Wml Visit the Great Exposition. Prsident Cleveland and all the members of the cabinet in Washington, Secretary of State Olney. Secretary Carlisle. Secretary Lamont. Attorney General Harmon and Seretar Morton, on Wednesday formally accepted the invitation extended to them by the Atlanta committee to visit the Cotton States and International exposition. .resident Cleveland, however, will not b6 i-1 Atlanta to open the exposition, as was at first planned. but he, with the miembers ot the cabinet. will be there on President'p Dy-Octobr 23d. In Brooklyn, N. Y., the trolley record is .n9 ki-med -a more than 500 maimed. CHARUnEu WIT1I 1UV n XUAm I.X. State Commissioner Mixson and a Con stable Arrested. At Columbia on Wednesday morning an interesting legal move was made in the matter of the dispensary law. State Commissioner Mixson and Liquor Con stable Beach were arrested. The pro ceedings were made under the special conspiracy act of Congress, which was referred to in the Debs case. They are arrested upon a warrant sworn out by two leading citizens, Messrs. Muller and Beck, before United States Com missioner Rei2, of Newberry. They were charged with conspiracy to violate the special interstate commeice act of 1890 in seizing some beer belongingto the complainants. The commissioner also issued a warrant for the search and seizure of the confiscated liquor. The prisoners were taken up for a prelimi nary hearing. Dr. Pope appeared for the complainants, and asked that they be bound over for conspiracy. The Assistant Attorney-General told the deputy marshal to consider the seized property in his possession for the pur poses of this case. The State maintains that the defen dants cannot be held criminally liable under this act of Congre.s. The hearing was concluded at the af ternoon session, Dr. Pope and Judge Townsend both making lengthy speeches, the former arguing that the commissioner had jurisdiction and the latter denying it. Dr. Pope's spdech was a spicy one The commissioner decided that the de fendants were in contempt of Judge Simonton's order of ininction, which, he said, was now the law. and bound Mixson over to appear before trial at the November term of the United States District Court in the sum of $1,000, making the constable's bond only half that amount. HARMONY IS ON TOP. The Peace Factl'on is lWinning In the Fight. A dispatch from Columbia says: Laurens county isthe fourth county to take action in the direction of "peace and harmony." The executive com mittee of that'county has passed resol utions recommending that such dele gates be sent to the constitutional con vention as pledge themselves to sub mit to the will of the majority of the white voters of Laur ens county, with out regard to their past factional affiliations. Since Senator Tillman has advised the democratic execative committee of Edgefield county to see to it that the delegates to the convention, be divided equally between the two factions, all doubt as to his pasition has been re . mviAe.Before he so advised it' was generally noised abroad that he would kick out of the agreenient made at the Hemphill-Barnwell conference. His action has given much strength to the "peace and harmony" faction, and the fighting element has been put very much on the defensive. There are some who say that this element has to do much talking to keep its courage up, but there is no disguising the fact that it is backed by fighters of ex perience with goodly - numbers of voters behind them. Richland county is considered the headquarters oLdh& fighting element, but many-of the lead ing politicans :>f the country, among themSenator Sloan and Representatives Patton and Weston, have signified their~intention of comnine~ in some equitable .agreemnent wie the refor mers. AN AGREEMENT. What Governor Evans Says About the Seizure of Liquors and the Causes. In speaking about the seizures of liquors which are still being made de spite Judge Simonton's order of injunc tion, Governor Evans on .Thursday remarked that they had an agreement with the revenue authorities whereby they were to seize and hold all liquors shipped in for private or other use when the package was not addressed in the name of the party purchasing it. In regard to the cases brought by Dr. Pope before Commissioner Reid, Governor Evans said be would have Dr.. Pope or Reid's deputy, or anybody else arrested as soon as they stepped inside the dispensary to search and seize property therein. He held that they had no right under the law to go that far, and he would arrest them the same as an ordinary citizen going in there to take up something and walk out with it. To The Convention. Gov. Evans Appoints Delegates for the Big Memphis Convention. South Carolina is to Ibe represented at that big bi-metallic convention to be held in Memphis on the 12th and 13th -Gov. Evans was regunted to appoint ten delegates from this State and this he has done, announcing the following appointments: State-at-large-Senators Tiliman and Irby and W. D. Evans. First Congressional D~ i s tr icet Thomas Talbird. Second District-W. J. Talbert. Third District-A. C. Latimer. Fourth District-Stanyarne Wils~on. Fifth District-T. J. Strait. Sixth District-Jno. L. McLaurin. Seventh District- -J. Wmn. Stokes. Three Boys Drowned in Lake Erie. Three boys were drowned in Lake Erie Sunday afternoon near the life saving sta tion, Cleveland, Ohio, two of them in an at tempt to save their companion. Thiey were Mihael Sheridan, 11 years; Patrick Morris, 12 years; Emmett Sweeney, 11 years. They were bathbing in dix feet of water, all being good swimmers. Morris was takern with ram'ps and Sheridan went to his' assi.tace, but his strength gave out. Sweeney then ateupted to resoue them, but all three be came locked in a helpless and frenzied grip and were drowned. Reports from cotton planting show a re duced acreage in Texas, Mississippi, T oniiana and Tennessee.. PALMETTO POINTED EVENTS ALL OVER THE STATE. The Cotton Crop of South Carolina. The New York Financial Chronicle of last week had the following regard ing the coming cotton crop in South Carolina In common with a large section of the cotton belt, planting began in South Carolina later than in 1891. Commencing in the coast section about the 1st of April, it gradually extended westward and was finally completed May 20. On some low and sandy lands seed germinated poorly, but as a rule it came up well. At the same time the weather conditions have not been favorable to the best development of the plant, temperature having been too low much of the time; at intervals thete has been an excess of moisture. High water, frost and cut worms are the causes mentioned, rendering much replanting necessary. It is stated that in the more northerly portions of the State, along the North Carolina border, whole fields have been replanted. An improvement in the weather uince the beginning of the last week in May is to be noted, and the crop is now doing well. Stands are reported very irreg ular, being exceptionally good in some portions of the State and in others very poor. The crop, however, is a late one, and may soon show much im - provement under the present more satisfactory conditions. Outdloor work has been retarded, but cnlitiva tion is now rapidly progressing. Acreage-Contrary to expectations there have been additions to acreage in some localities, but these lie in the western portion of the State. - Else where the tendency has been strongly it! the op osite direction, tie reduc-. ions beina much more than sufficient to balance the gains, the apparent net decrease reaching 10 per cent. Fertilizers-It would appcar that the takings of commercial fertilizers have been but little more than half of what they were in 1894. Furthermore, the use of home-made manures has very largely increased. The Phosphate MIiners Strike Over. The trouble at the Bulow Phosphate Mine, which grew out of a strike of ihe miners against a reduction in wages, has been quieted. The sheriffarrested ten of the leaders of the strike on Sat urday and rcpaired to the scene of the trouble with a posse composed .of a de tachment of cavalry. Two. men were arrested. No further trouble is antici pated Melon Bugs in Leihn n. D. T. Roof, of Lexington Coun ty, a well-to-do-farmer, has a lew sam ples of bugs vhich are infesting his watermelon vines. He says that they eat the vine, and thinks that by rub lishing the fact, that he and others who are troubled by the bugs will be able to find some remedy. Executive Clemency. Governor Evans hts pardoned Whit ney Symmesy.-fiGrcenviur-: .' . s couv~-' " mansianghter in Gren ei county. -He killed Wmn. Gary-. The pardon was reco:memded by the Judge. members of the jury aod a num ber of citizcas. A Dispenser Short. .A special to the News and Courier from Laurens says: Expert Seruggs investigated the local dispensary here and closed it up. A shortage of $1 ,500 i's reported, and a new man- will be put in. CHARGED WITH CONSPIRACY. StateCommissionier Mixson and a Con stable Arrested. At Columbia on Wednesday morning an interesting legal move was made in the matter of the dispensary law. State Commissioner Misson and Liquor Con stable Beach were arrested. The pro ceedings were made under the special conspiracy act of Congress, which was referred to in the Debs case. They are arrested upon a warrant s-vorn out by two leading citizens, Messrs. Muller and Beck, before United States Com missioner Reid, of Newberry. They were charged with conspiracy to violate the special interstate commer ce act of 1890 in seizing some beer belunging to the complainants. The c -mmissioner also issued a warrant for the search and seizure of the confiscated liquor. The prisoners were taken up for a prelimi nary hearing. Dr. Pope appeared for the complainants, and asked that they be bound ove& for conspiracy. The: Assistant Attorney-General told the deputy marshal to consider the seized property in his possession for the piur poses of this case. The State maintains thai the defen dants cannot be held cri'einally liable under this act of Congre-s-. The hearing was concladed at the af ternoon session, Dr. Pope and .lIdge Townsend both making lengthy speehes, the former arguing that the commissioner had jurisdiction and the latter denying it. Dr. Pope's speech was a spicy one The commissioner decided that the de fendants were in contem}pt Of .Indg Simonton's order of injunction, shiebu, he said, was no~w the law. and boimdA Mison over to appear before trial at the November term of thbe United States4 District Court in the sumi of $1,000, making~ the constable's bond only half that ,imo!nut. Bfreaks is Arm in Throwing. William H. Soper, a '96 dental student from Greensbnrg, Wis., met with a curious accident on the baseball field at Ann Arbor MIich. He was playing in a class game, and in making a throw home from the outfield gave his arm a jerk that broke it near the oat. The doctors are much puzzled as to .how the fracture could have occurred. The total consuu.ption of cotton in th old is 1200000 b nae a yer he Peace FactIon is Winning in the Fight. A dispatch from Columbia says: [aurens county is the fourth coumty to :ake action in the direction of "peace mnd harmonv." The executive com nittee of that county has passed resol- - tions recommending that such dele rates be sent to the constitutional con rention as pledge themselves to sub mit to theiill of the majority ,of the vhite voters of Lani ens county, with >ut regard to their past factional ~ffiliations. Since Senator Tillman has 'advised he democratic executive committee of Edgefield county to see to it that the ielegates to the convention be divided equally between the two factions, all oubt as to his pasition has - been re moved. Before he so advised it was generally noised abroad that he would kick out of the agreement made at be Heniphill-Barawell conference. His ction has given much strength to the "peaice and-harmony" faction, and the fighting element has been put very much on the . defensive. There are some who say that this elementhas to do much talking to keep its courage p, but there is no disguising the fact that it is backed by figbters of ex-. perience with goodly numbers of voters bebind them. Richland conuty is considered the headquarters of the fighting element, but many of the lead ing politicans of the country, among themSenator Sloan and Representatives Patton and Weston, have signified their intention of coming to some eqiatable agreement with the refor* mers. Camlen's Cotton 3IiIL The Charleston News and Courier's correspondetr at Camden writes as follows : About three years. ago the Kershaw Cdunty Manufactaring Comr pany was orgsnized with a capital of $100,000. The Macee' place, about two and a half miles from the city, on which is one of the +est water powers to be found anywiere,. was purchased, and the erectionif. a mill building and the constrncolon of a canal were commeneoed. and pushed to a success ful completion at a coast. of about $80,000. At a recent meeting of the board of - directors it was determined to. isse bonds to the amount of $125000 and - to mortgage the entiresplait and prop-* erty of -the compay to _ecure- the debt. - This was- snccessfully acompli shed by the en'rgetie president, Dr . M. Zemp, the two loca'- banks each taking $12,500 of bods. - rresi4let Zemp has just retird from a trip North, whdre heplaced an order with a-New Englinlrn!fdthe I latest improved:machiferfyr or~d livery in August. He says that the - mill will be fully equipped and in op eration by the latter-part of -Septem ber. The mill will have a capacity of 10,000 spindles and-300 looms, and will manufacture 40-inch fine goods. The Camden Press Brick Company, a corporation organized about two months ago, with a cipital stock of $10,000, for the purpose of manufac turing press and ornament brick. has i5pantinyo qition and - began work on Monday. - - -The Five Gallon Rdlt. A dispatch -from Columbia The complications which seem to re sult to the claimants .oecertain liquor over the agreement of the State and the.internal revenue office are being grauany explained away. It appears' that there 'was a misunderstandingsas to the offcial position of Deputy Richrson~aud his positionin regard to certain shipments. -He explains the status by stating that under the in structio'ns received from -the .com missioner of i nternm.1revenue regarding seizures made by State constables of packages of distilled spirits containing less than five gallons of fermented spirits thit arc shipped under some other name than that known to the trade is as follows: '-Internal revenue ofge:-.are-dileeted not. to intetiere 'witlismeiniless they have z'eason to believe that the spirits contained in the package3 were not~d Ewn fromn original tax paid patckars. Also. .w~hen packages cn thin live gall-ns .and upwards,. and are not stamped, the CG.,vernment elaains.' the right to take pO'-'esi(on of same. 'As 'requested I herwith iniclose a copy of Soetion 8,449, evised StattW: - - *VWhenever any peramn s-hips, transports -. :-r femciv'es any spirituous -o" fermented liquor or witesunder tury othb~r tiian ihe pro'per;:1amel or branid knriowto the trade as desigating thec kind and quality of the eon tets .d( the ca~ske or packages contamning same.'or cdauses such act to be done, ho shall frfeit said liquors or wines and casks or packages and be subject to pay a fine of five handred dollar~'." . So it will be seen undier what law the Federal Government seizes the packages of this class. -Under the agreement between the de~tmeet antt the dispensary in - nases where the p-ackage is less than five gallons the ligno-r is turned over to the State, and in caises where the tax is unpaid~ and the nountof liquoris five gallcalor overitgest the red eral autheoiitie~ The New Parliament: -- The new 1Boman.Parliamen opeed it more than usual display. . Te Queensio wash enthsiatically cheered Tpnhe arrivawa Al the iuinleter,a large num (ffleiais eid the entire diplomati corps3ete resent. -The King's speech ~appeailed te -patiot m of the members'os all pertjes.to assist in erpeditng the budget, .an'e feired the' .pa.nthumnne metlho(I ebeived-in th~ policy -of love. before force of adne, and araiongethe coming~ marriage oWtheS IDuke Arost tTrWle2 elenif, oi Orleisii. - Th onisang Hlver 3ren.~ The instkgunagthe -fra silver,.campaign in Lmisian,.was yd at New Orleans w'hen the- Bimetalie Conven1tzn was opened in Wa s-ngton 4ti Llery ttgU. .T~[he peult was t be -ormation .of the Louliiana tunetahtic Leage, which-hs undertaren t&og'amze th sler forces of the Sttforawarr. . The cnenation co'nsisted of- 2iOedelenajes of all paries: btateand city ola hastened to declard their alleegisies to. ~f~stand ard. Clevland ald Celisleuned