Historical Newspapers of South Carolina

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TRI-WEEKLY EDITION9 WINNSBORO, S. C. JULY 11. 1895. ESTABLISHED 1844. IT WAS DISMISSED, STATE SUPREME COURT AND THE REGISTRATION LAW. . Majority Dismiss Gen. kUtler's Case. Chief Justice M1ver Holds the Court Hs Jurlsdiction and That 1ae Law is Uncon stitutional. 'The Supreme Court has finally dis missed the registration law test case entitled Matthew C. Butler against W. H. Ellerbe, comptroller general of the State of South Carolina, and W. T. C. Eates, treasurer of the State of South Carolina. This is the case brought by General Butler at the November term, 1894,of the Sapreme Court, to test the constitutionality of the registration laws of the State. The case was heard on the 3d of last December, and the people of the whole State have waited patiently ever since for the decision ol the Supreme Court. - The delay has caused the court to be severely criticized, and -it has been complained that the delay was due to the political considerations involved. Justices Pope and Gary agree in dis nissing the case, but do so on difer. ent grounds. The decision of Mr. Justice Pope dismisses the proceeding on the ground that the petitioner has a plain and adequate remedy at law. Ifr. Justice Gary dismisses the pro. ceeding on the ground of the want of equity in tha petition. -;ustice McIver dissents from both -and holds that the proceedings is a proper proceeding; that the petitioner is entitled to the relief under the pro ceedings, which is asked, and declares the whole registration law unconstitu tional law, null and void. Justice Pope wrote the opinion of the court. Justice Gary also filed an opin ton of some twenty-one pages of fools. cap, which in substance agreed with the positions taken by Justice Pope. The dissenting opinion of the Chief Justiee is twenty-nine pages in length. The object of the case was to test the constitutionality of the registration law, but it was in the form of a peti tion asking that the State Treasurer be permanentiy restrained from apply .ng funds in the State treasury to the payment of salaries for the supervisors pf registrations. Justice Pope says in his opinion: "The delay in rendering thejndgment bf the court is owing to the failure to >repare this separate opinion at an arlier day. That when a grave con ititutional question is to be passed up. in, unless it is imperatively necessary ihat there shall be no delay, I am .lis Posed to view it as my duty t'. aear and consider thoroughly what i- pre fented." He differs with Mr. Gary .n the-view amt thwi^4 fiqs'-etref-a7- suitag-aist ahe State, and he citr.<, among other Vases, the case of 7fvans vs. the State Ureasurer, in 38 'o. Ca., and the case If Robertson nr,. the State Treasurer, ?a regard to, 'e validity of $>,250,000 >f State beads. But he agrees with 'Jr. Justeo Gary that the proceeding he yundtha hehadadequate rem My a la, ad cncldesthat the Mr. Gary holds in his opinion that he proceeding is in effect a suit .gainst the State. Second-The State is an indispensa 'le party. Third- The question as to the con titutionality of the acts cannot prop ,rly arise, as there are other grounds ipon which the court can rest its judg lient. Fourth-If the State could be sued Se would be estopped from interpos bg the objection that the services ren ,ered--t her-iista~ne and for her bene ~t were illegal. The appropriations piow that the State desired the pay. pent of such services. Equity will ~ot therefore lend its aid to compel ,ae State, indirectly through the de ~endants as her fiscal officers,to do that yhich the State could .not be com pelled to do in a direct proceeding. SThe rest of the opinzion is devoted nainly to a support of these four main kropositions. Taking these views, he regards it innecessary to discuss the constitution ility or unconstitutionality of the act itself. Chief Justice Mclver holds that each laxpayer has an interest in the mat ter, and that the plaintiffhas the right pf action. That he cannot see how the Dlaintiff in this case is testopped from bringing the action simply because he has held office while the registration laws were in force. This disposes of the two main objections raised by the Attorney General to the petition. Coming to the real question at issue, the constitutionality of the laws, the Chief Justice says: "It seems to be settled that even in States whose con stitutions are silent upon the subject, a statute requiring the registration of voters, is not per se unconstitutional, as such a statute is regarded as a mere regulation of the constitutional right to vote and is designed to furnish evi dience of the fact that the voter is pos sessed of the qualifications fixed by the constitution. But it seems to be well settled that where the purport and ef fect of a registration law is to add to Qr taks&way anuv of the qualifications prescribed by the constitution, or erhere its effect is to obstruot, subvert, or even necessarily impede the exer aise of the right conferred by the con stitution, it cannot be sustained, but must be held an unconstitutional in vasion of the constitutional right of suffrage." The Chief Justice then takes up sev eral of the provisions of the registra tion laws and shows that they are un reasonable in their demands, and are in direct conflict with the constitution He adds: "Th? featnres of nnr reg istration law 'hich have thus been " shown to be unconstitutional are so in- ;h timately connected with, and so inter- '0 woven with other provisions that the ni whole act nust be declared unconsti- c tutional. i h Justice Mclver continues: "Since ;h the preparation of the foregoing Opin- '. ion, which was as Usual, submitted to my associates for their eonsideration, -a and they have both prepared separate ;b opinions, in which, while not consid- ) ering or declining what I regard as the i real question in the case, they both ' concur in holding, though differing on one point, that the action cannot be n maintained on jurisdictional grontds, ' and hence concur in terAering judg- T ment that the complaint or petitioner, )1 as it is called, must be dismissed. "Of course, if these jurisdictional ? grounds are tenable and this outrt is h without jurisdiction in the case, that is h an end of the matter; and any con sideration of the merits of the case A would be, at least superfluous, if not a absolutely improper. * * * "But as I do not think any of these W jurisdictional grounds are tenable, and t' on the contrary, am entirely satifled 5 that this court has jurisdiction atnd is 11 therefore bound to decide the issue le presented, I must adhere to the views !r hereinbefore expressed. "A proper respect, however, for the views of my associates, which it is al ways a pleasure for me to pay them, ns well as a due regard for the gravity of the issue presented, require that I should not content myself with a sim ple declaration that I do not consider the jnrisdictional objection tenable, but should go on and consider the ground upon which these objections h are based, and this I propose to do as r briefly as the importance of the in- ?r quiry will permit. "First, it is objected that this is )' practically an action against the State, 'i n, ;h and to which she is an indispensable ' part. If this be the true nature of the action, then it is clear that this court has no jurisdiction, in the absence of 1A atuv consent of which there is no pre- a tense on the part of the State. The re important inquiy, therefore, is if this action can in any proper sense be re garded as an action against the State. [ do not think so, for the following . reasons: The object of this action is S not to affect injuriously any property '1 or rights of property of the State. If ! the plaintiff should obtain judgment in LS the case no interests of the State could s possibly be affected injuriously thereby. o In this respect the present case differs a widely from the cases of Lowry vs. Thompson, supra; La. vs. Jumnel, 107 P1 U. S., and the Columbia Water Power o* Company vs. Columbia Electric Street P1 Railroad, Light and Power Company, s 20 S. C. Rep., 1,002, which seem to be ti( principally relied upon, for in each of these cases some interest of the prop- ti erty right of the State was sought to ted, while such is not the case - in the-present--action. I thin i+ ta 0 SI clear, therefore, without going further into the authorities, that.this case can not possibly be regarded as an action re against the State to which she is an in- ce dispensble paarty. "While it is quite true that the ques tion of the constitutionality of an act O of the Legislature should not be con- P' sidered in a case where such case can be decided upon other grounds, as ci that is in fact nothing more than say- YE ing that the constitutionality of an act g of the Legislature should not be un- tl 'necessarily assailed for considerationsb ~of comity and respect, which should bi always exist among the different de- a partments of the government, would forbid the judiciary department of the P government from unnecessarily assail ing the action of its co-ordinate de partment. But when a case is pre-L sented to a court for its decision, in ,which it is necessary for a proper de cision that .the question of the con stitutionality of an act of the Legisla ture should be considered and deter mined, then it is not only the right, but the duty of the court to consider bD such questions, and if the act in ques- .: tion is found to be in conflict with the PI " Constitution the court must say so. jr That, in my judgment, is precisely ,the attitude of the case now under. consideration. The object of the action P us to restrain and enjoin certain publio 1n officers of the State, who are the cus-P todians of the public funds from ap. plying any part thereof to an illegala purpose, to-wit, the payment of the sal aries of certain so-called public effi cers, supervisors of registration, upon the grund that there is no valid law for the appointment of such officers. So that the vital question in the case, and the one that lies at the very foun-w dation of it, is whether there is any slid law providing for the appoint- u gnent of supervisors of registration; for if there is no such valid law, then it is N blear that the public funds cannot properly be applied to the payment of et 'Jhe salaries of persons claiming to hold.g offices not established by law. Now, in is there is no doubt of the fact that 0 rhat purports to be an act of the Degislature has been spread upon the :tatute books providing for the estab ishment of such officers and fixing the aaries thereof, and the only claim is hat such so-called act is without con ~titutional authority, and for that rea ion only has not the force of law, it follows conclusively that the question is to the constitutionality of what has l seen termed for convenience the regis- . ;ration law, necessarily arises in this :ase, and the solution of that question cc a absolutely essential to the decision of ihe case. Indeed, outside of questions >f jurisdiction and procedure, it is the >nly question in the case. -o "Another objection is stated in :hese words: 'If the State could be l sued she would be estopped from in- 'd erposing the objection that the servi :es rendered at her instance and for p 1er benefit were illegal, The appro- l >riation shows that the State desires be payment of such services. Equity vill rnot therefore lend its aid to corn ?el the State indirectly through the 6 fendants as her fiscal officers to do at which the 8tate could not be mpelled to do in a direct proceed-. ;.' It seems to me that this objec in ignores the important and vital stinction between the legislature and D State. . The legislature is hot the ate, but is simply one of the agen -s or departments of the government, [led into existence by the voice of e people, who are the source of all wer, as expressed in the constitution. ke legislature can only act lawfully thin the. limits ptescribed in the con tution, and any action on theit part conflict with the provisois of the astitution is without lawful authori , and therefore null and void, not nding on the organic body, so-called ie State,' or upon the petple com sing such organic body. Hence a inquiry inevitably comes back to e question whether the registration y establishing the office of supervisor registration and providing for the ry of such office is Constitutionah it is, thon clearly the present action anot be maintained, but if it is not; on it necessarily follows that the jub fiuds cannot be lawfully applied to e payment of such salaries, and it !ms to me that nothing can be clear than that any taxpayer, whether a or more, may invoke the aid of D court to prevent the fiscal officers the State from applying the fundsin D treasury to any purpose not au orized by law, for, besides the fact at such funds are derived from taxes ried and collected from the people the State, and in which, therefore, ery taxpayer is more or less interest , the constitution expressly provides at n'o:money shall be drawn from the asury but in pursuance of an appro iation made by law,' Art. II., Sec. . And this prohibition is repeated actically in the same terms in Art. ., Sec. 12, It is not correct to say at the State has expressed any desire on the subject until it is shown that ere is some valid act of the law mak g department of the government es blishing the office of supervisor of gistration and fixing the salary of ch office. "Fourth, All the other objections to e jurisdiction of this court, except e last, which will be presently con lered, are based, as it seems to me, ion a misconception of the true na re and real object of the action. This not an action by which the plaintiff eks to obtain relief against a wrong her done or threatened against him an elector or voter, and the fact at there is no allegation in the com aint that either the plaintiff or any her citizen of the State has been de ived of the right of suffrage by rea n of the provisions of the registra mn law, is a matter of no consequence, r such an allegation would not be per 2eut to the issue presented by this t. Conceding, for the purpose of this quiry only, that no citizen of this ate entitled to exercise the right of frageas- ever-ye*-been oeprived of ch right by the operation of the gistration law, I am unable to per ive how thatcouldaffect the real is e presented by this case. The tongcomplained of is that the fiscal lers of the government have ex esed their purpose to apply a por m of the public funds under their stody to an illegal purpose, and the medy sought is to prevent such a le ,1 diversion of the public funds from e purposes to which they can alone lawfully applied. The action is ought by the plaintiff as a taxpayer, the allegation that he is also a du qualified elector is wholly superfiu s, for I am unable to see any reason iy any citizen of the State, who is a ipayer, a female for example, wheth an elector or not, may not bring an tion like this to prevent any illegal version of the public funds in which t the taxpayers, whether electors or it, are interested. "It only remains to consider the last jection to the jurisdiction which is sed upon the well-settled doctrine at a court of equity will not take risdiction of the same case where the aintiff has a plain and adequate rem. y at law. The bare statement o; e doctrine is sufficient to show that, orer to sustain this objection it ust appear that the plaintiff has a sin and adequate remedy at law ; d in my [udgment this has not been Ld cannot be made to appear. What her remedy a taxpayer has to pre it an illegal diversion of the public nds by the fiscal officers of the gov nment than that adopted in the pres t case has not been suggested, and am at a loss to conceive of any. It 1 be observed that the fund here in estion was derived from taxes levied ider and by virtue of the act to raise pplies for the fiscal year cominencing ovember 1, 1893, 'for the purpose ol eeting appropriations to defray the rrent expenses of the government' r that fiscal year, and, so far as I am formed, there never was any special separate levy of taxes to pay the aries of supervisors of registration. ow then was it possible for the tax yer to raise the issue here presented refusing to pay his taxes or by .ying the same under protest and inging an action to recover them "The action does not and should not 'oceed upon the ground that any -ong was done to the taxpayer in vying and collecting the taxes upon iich the fund in question was de red, for such taxes were levied and llected for an entirely lawful and oper purpose, the payment of the rrent expenses of _the State govern mt, and hence no resistance in any em could have been made to such y and collection. But the wrong mplained of is that after the fund rived from taxation had been prop y placed in the treasury, a portion it is about to be diverted from the al purposes to which it is properly plicable and applied to an illegal .rpose, and how that wrong can be evented except by an injunction for Mding th fie charged with the ustodv of the fund from so misiipply. ntg it, tmust confess I al utterly un bble to conceive. "I cannot; therefore; dotcur i-9 the onclusion reached by the majority of fhe court that the complaint should be ilismissed for want of jurisdiction. On he contrary, I am satisfied that this fourt has jurisdiction end is bound to lecide the real question in the case, jiz: the question as to the constitu ionality of the registration law. Upon hat question I have hereinbefere set torth the reasod for my conclasiimn, to Ivhich I still adhere that the, said law is clearly unconstitutional. "I am therefote of the opinion that the ptayer of the complaint insofar as it seeks to enjoin the Comptroller Oan oral from drawing any warrant on the State treasurer for the pay of any sup ervisor of registration and to enjoin the State treasurer from paying any such warrant, should be granted." A leading attorney, who read the Chief Justtee's opinion all the way through; thsi summarizes ii fiThe thief Justice announdes tie conclusion that he arrives~Et on the merits of the controversy, namely, the constitutionality of the registration laws. He says in substance that these enactments are in violation ot sundry provisions of the. State constit 'on, all of which he enumerates. e holds that the miany ptovisions and tectlife inents set forth in the registration laws as pretequiiltes to the light-of ballot are btltdetsoie anlduAevefti*Afd could hot have been iitended to merely reg ulate the right of suffrage, but, upon the contrary, the effect of. the provis ions of the law is to abridge jand im pede the citizen in registeringandvot ing. He says that all registraion laws, to be constitutional, must have for their purpose the regulation of the sutrage. and theit province siould be to facilitatd ad not to disedurige registratioi. . "e holds that the diosivg of thG books on the first of July, and allow ing no provision for registration, ex cent for minors, between Julg 1st and election day, is also unconsetutional; also, that the scheme of the t; which is to have but ons general og=f-9 regz istration, is eontrAry to the setion of the constitution, which requirtes the tegistration from time to time of all electors in the State. de also holds that the certificate feature of the act ii effect requires double regikration namely, that the voter must both be registered on the books and also have a certificate of registration," and pre sent it to the polls, and thatsuch pro. vision Is in contravention tii the State constitution. Hepoints ont *aridtis other sections of the act thit afe edt. stittionally obnoxious. Aid lie saYA that there are so many provmons of the registration law that ari,'unconsti tutional, and that they are, so inter woven with the provisions tiat are not otherwise void, that the wbgle set must. be declared:unco ictkf TWO COURTHOUSES BURNED. One in Tennessee and the Other in Alabama. Suspicious Circumstances. The substantial brick courthouse at Lex ington. Henderson county, Tenn., was totally destroyed by flre Wednesday monting, to gether with the greater part of all the coert records, papers, etc., of the Lexington cat poration. Not a scrap was saved from the trustees' and circuit clerk's offces. Trutee Essary had between $1,500 and $2,000 worth of warrants in his office for which tirere is nothing to show. Judge R. R. Thorn, jutice of the- peace, attorney-at-law and United States commissioner, lost everything, dock-ets .with thousands of dollars in judgments on *them. While there is no positive proof of the origin of the fire, there is something ye y significant in the fact that the quarterly court on Monday last appointed a committe to investigate some forged county warrants and the committee began its work Tuesday. The loss is very heavy, with no ituuirance on anything burned. Thursday midnight fire was discovered in the rear offiees of the Center, A'a., court house and the ens:re building was soon in flames. Kerosene 'seo been poured on the walls and floor a- w ;eing coutld cheek the fire. The books and r,: .rds of the Chanery Court. sheriff and tax collector are lost. A heavy rain saved the m4 2 part of the town. Loss about $20,000 with insurnee on build ing of $7,000. CYCLONE IN KANSAS. Five Persons Killed and Many Build, Ings Wrecked. A cyclone which Baxter Sprir6's, K-1n., on Friday night, killed five people outrigi and injured two others so badly that they ire not expected to live. A dry goods store d the Methodist, Christian and colored liethodist churches were blown down and lozens of residences and barns totally 'vreck The dead are: Sallie Webster, Florence Webster, Balph Webster. H. Hibis, ad the infant ohild of Thomas Shields. W. L. Archer was found dead on the Noo Ian farm in Sheridan township. The rain was the most yiolent ever known, resembling a cloud burst and the entire country was flooded. Reports o~f further fatalites seem almost certain when the roads tre opened up. The Importation of Sugar. The imports of sugar at six of the leading ports of the United States during the month o June aggregated 333,567,945 pounds. of he total value of $6.851,055. The receptsat San Francisco, the one missing port oM con - uece came in free of duty, being of Ha waiin origin. and, therefore, they could not inffect the matter of customs. Mr. Ford, :ie! of the Bureau of Statistics, states that :he importation was, therefore, much less :han that made in the month of May. and u'ch less than the imports made in June 184, in quantity and only about one half in A Bull Fight at the Expositionl. While for several days it has been under. itood there was to be a bull fight in the Iexcan village at the Cottn States and nternatonal Exposition, Atlanta. positive iormation has been wanting until,ow. A etter from the Concessionaire just received ives the followin description which indi iates that this feature will rival the Wild West show as a drawing card. The arena wil be arranged in the regular way and some pf the best bull fighters in Mexico with a ply of trained horses and of the finest ul willbe brought to Atlanta. It will be in exact reproduction of the famous bull pghts in Spain with one exception-the bull's horns will be Padded so that he can do o damage. The horses will likewise be pro ected by embossed leather shields, so that he whole fight may be carrie4i out without' the slightest cruelty or more bloodshed thau' . n at a WidWestjshow, A SONG OF OLD DA Y3. ob, days of the past, with your glory, tome back to my heart once more! Oh, days, with yotir song and your story, tome back to ftig heart once itofei For there's never a heaven so sweet to se As the beautiful heaven yo~u made for m( The song and the sunlight-the bird an the bee! Oh, days of the past, come back to me! Oh, days of the past, with your splendor Come back to my heart once mure! With your kissing and carrolings tender Come back to my heart once more . Fiji; there's never a vessel that sails th rea As dear as the ships that came to tie i And the lighthouse is darkened, and eve will be Oh, days of the past, come back t- me! Oh, days of the pst, with your flowers, Come b:wk to my heart once more] 0i, days di the beautiful hour, Con dlidic to nif H:art otice mora! For there's never a day that my life ia see As sweet as the days of the past to me: [ drift like a vessel tha'.'s lost at sea Oh. days of the past, come back to m'e! -Frank L. Stanton, in Atlanta Constitu tiol. ONE WOlN'S LOVE BY .ESSI E F0'SY Ti ttNE; "You are free, my dariing, as fre as I am innocent. The law detain me, but there is no law which bind you to a convict husband. Remem ber, Elizabeth, you are free." "0, Herbert! N'o, no, I an flneve be free hi this world or in the nex -netef fteed irem my great love fo "Then you do love riie, iii spite all?' lie entreated, raising her fac that he might read her eyes. Her answer was to catch his hand in both her own and press her lip tenderly, passionately, upon eac] broad palm. "Elizabeth, if yaut indeed love ne say the words,. 'llerbert, i bellev you innoent,' " ho begged. But his own heart beating awa; the seconds was all hli heard. Final y he spoke again. "You do nc care for me? What is love withou faith? My God, thou hast indeei afflicted me! I thought the juror bloodhounds becaute they did not be lieve my testimony, but If my wif doubts-"he could not firlish, bu sank into a chair, letting his ha fall upon his chest, his w l'e itt tude one of despa.ir. "Herbert. rny husband. I did nc say I believed you guilt-y," sobbe Elizabeth, throwing her arm s aroun hisgreat form and pressing him t her breast. --Herbert, Norton abandoned limnsel to her endearments as lie had to hi "oo : little wife;" he said, drawin her to his knee. "It is so much liafde for you than it would be if you trust ed me as I tru'e you. Do you thini darling, if I saw you do a dishoior able deed I should believe my owl eyes? No. I should say, 'My facul ties are playing mc false, not Elizal beth.' I should doubt my reaso: before I could mywife."' "Stop, stop, Herbei't, I cann bear it. I do not believe you guilty and yet-" "You are a tender judge convince against your wilil," interrupted th man, "and 1 forgive you. Some tim you will know that I amn innocent, it is not until the judgment day. "Yes, my love. I believe you now~ I have been mad. You are innocent How could my faith have bee shaken for one moment?" "Mamma, are you going out to day? O surely you are not. I do s hate these Fridays; I thought yol would surely stay at home to dayl See how it rains-and you know th umbrella is no better than a sieve If it rained cats and dogs it migh be a little protection, but anythin: smaller than a kitten would findi asy getting through that worn coy ering." Trhe speaker was a pretty girl about 15. She stood with her armt thrown affectionately around lhe mother's neck. "Where do you go every Friday mamma? Cannot I go in your plae, and carry the basket? It is such big basket, and you are so small What big appetites the family mnus have, to whom you take the food si regularly," she laughed. "Tell i about them, mother, dear." With a tender kiss the mothe *rew herself away and quietly pre pared for a rainy day walk. "My Friday visits are not happ, occasions, dear," she said, "and I d< not want to bring unhappiness, evei the unh:appiness of others into you: ife so early. Somne day you shal Dome with me." "You have already made me un' happy, mamma, by not letting m share your grief . I know how miser able something makes you every Fri say. You go out looking quit bright and fresh, but you come bacl -oh, so haggard." "Do I look fresh, really, when start on my errand, dear?" questione< the slight, pale raced woman eagerly "That is well, and reminds mre tha I want you to pick me that ne' blown rose. I[ am glad if I can taki a little sunshine into the gloom sur ounding these poor people." The girl picked the rose from th plant in the window and, lhft~ng th over of the basket, which stood upoi the table, placed it on tihe snow; linen which hid the v'iands. "No, dear," remonscrated he mother; "put it on my coat, righ here. T want to wear it." "1ow queer you are, mamma," exclaimed Bessle. "I believe you're getting vain; but how out of place a flower looks on that common old coat.' "It is a pity more roses do not bloom in unexpected places, dear." e Bessie stood at the window and watched her mother antil she disap peared down the road. There were tears in her eyes; two large drops fell upon the back of The cat, which sat upon the window ledge. ' Pussy rubbed her soft sides against her mistress and purred sympathet ically. "Tabby, what do you think it means?" asked Bessie, sitting down and hugging her pet tightly In her arms. "Poor little old Puss, you'd tell me if you could, wouldn't you? You don't want mamma sad any more than I do." Puss purred softly. "Isn't it funny, Tabby, how mam ma goes away every Friday after noon, with that basket full of good things to eat. things you and I sel y domi get, Tabby, because mamma i says she can't afford to give us goodies. But how can she afford to Lake jelly and fruit and everything to that poor family? Can you tell, Puss? She dresses up, too, as if she were going to church, and always seems so excited. No matter how many people come to see her that day about orders, and no matter how much work she has on hand, she leaves everything and goes." Just then a kno.ck came at the e door. s Before Bessie ceuld open it a woman entered. A small plaid shawl was thrown over her head and she carried a cracked teacup. r "How d'ye do, Bessie," she said. t "I seen your ma goin' down the 4 r street, an' bein' ez you wus alone thought I'd run over a spell; an' I 6 did want some sugar, ef you could e ldtd me a little. I thought as how your ma might hist granioalated in 8 the house after all her fine cookin'. s Mv sister wuz took wuss lai' night; can't seem to settle any food, an' I Ihought I'd beat her up a custard. How s your ina these days; mopin' 1 ez us'al? - The .aneipected visitor babbled on, arranging heself comfortably before the fire. t "Pretty lonesome fer you an' your ,ma ivitl' here all alone," she con tinued. "You don't seem to hey Imuch company. Your ma never goes out 'cept Fridays, does she?' ! . Bessie wanted to say that her mother did not find congepial society d in the neighborhood. She wondered how this Atonttl knew about herself I d her "ma." She never came to t the hotse, and Bessie knew she. wag d a person of whom her mother dis-' d approved. 0 'kHow long has your pa been dead, I child," was the next blu.nt-ques lion. Tears sprang to the girl's eyes. "0, Miss Gower, papa has been g dead a long, long while, evet since I was a little child, but don't ask me about papa Ae akes me feel so bad," :, she cried. 'Why?" questioned Miss Gower 0' "Why" repeated Bessie, 'Why - do0es it make any one feel badly to ' thirnk of one's dead father?" ' "Most generlly because they re collect how good he wuz," was the it ambiguous reply. "An' you surely ,don't tentemnber nothin' about your pa?" d "No." sighed Bessie; "not munch, e but I've always wished that I didI eremember." i "I suppose your ma talks a good deal to you about him?" -The questions were becoming in tolerable. "No, she doesn't. It makes her unhappy to talk about him. I used to ask her questions and questions, just like you are asking me, Miss Gower. i never knew before why it 'made her feel bad to be asked ques-! tions; now I know," said Bessie. -th "Hum," muttered the spinster, eeconsonant held a long while be -hind her thin lips. t Bessie thought it would sound almost like p)ussy's purr only it was disagreable-a purr with a claw in it.. i"These poor folks must be in awful straits to take your ma out sich a daty ez this." r "And yo uthave wantedsua very much, Miss Gower, to have comae 1out in such weather," ventured eBessie; "and I am sorry we cannot oblige you about fine sugar. We use the light brown; if that will dol you're welcome to it." e ''You hain't allers lived in Thom aston, hey you?" asked Miss Gower, r when Bessie went into the pantry to _ liii the cup.. -No answer. "Seems ez though I'd heerd t~lhet you used to live in Bangor. What ever made your ma leave a lovely city like that to come to this little i~ town?'' For some unknown reason Tabby . elevated her yellow back and gave a vicious .little spit. . "I told you the last time you were . here that 1 was born ini Bangor. II eguess that is how you heard it, Miss Gower, and how mamma moved here because shst could not live in our old home, where she and papa had been so happy, without him, and how she thought she could live d'heaper in a tsmall place and maybe get more work. Mamma said when you. wanted to know more come and ask her." Biessie came out of the pantry. e Hum," said Miss Gower, and as e her y oung hostess stood with thme door open suggestively she could but take the hint and the offered up of sugar and go, but not without r a parting shiaft. t"Ef you followed your ma some ray when se went to visit tlem poor iwas, L iLaL Yu %a -- prised.' Pussy,, said Bessie, when she was alone with her confidante, "we'l have to go without sugar in our tea to-night, for I've given the last grais to that hateful woman; but, dear, you do not need sweetening as mucb is she does." Several weeks went by. Bessie could not help thinking of the last ords Miss Gower had said to hel that rainy Friday afternoon; "Ehi ou followed your ma some Fridal when she went to visit them poor folks, I guessyou'd be srrprised." . The vernacular of the ignorant woman came back to her again and tgain. What could she have meat? What could the surprise be, for judg ing from Miss Gower's tone it would ot be a pleasant one. Bessie was possessed of the old sin, curiosity. She had realized for a long while that lier mother was keeping some sad se, :ret, but until now it had been mough for her to know that her other did not wish to tell her. Everything that mamma did was -ight, but now She was angry with herself for let ing any insinuation that odious old naid had dared to make affect her. One evening her mother did a very ;trange thing; she left Bessie all Llone and went to see her friends. Che next night she went again. "Forgive me, dear, for leaving you; md I may be gone until very late, as yne of the family is .dangerously ill. hall I not get some one to stay with rou? I cannot bear to leave you ilone," she said, when she kissed ier good bye. "No, no, mamma, I'm not afraid, d Tabby is company for me," said Bessie, and then burst out impetu usly: "But 0, mamma, do let me go with you, do, do. I know I should riot be in the way, and perhaps i'd be a help." Another kiss and tender embrace was the answer and the mother has bened away. The third evening Bessie's curios y mastered her. As soon. as her nother left the cottage, she threw on t wrap and followed. "I shall die if I do not find out what this secret is that is weighing n my poor mother's mind and wor ryirig away her life," she cried, and iurried on block after block until Lhe destination was reiched, and Bessle saw where the poor family lived. The surprise was complete, and turning she fled hothe sobbing aloud. The only information she had mained was that her trusted and hon Ered mother had deceived her. What mystery lay beyond the gate which her mother entered she knew not. She had not dared to pass in after her. When the mother -returned the ttle clock on the kitchen -shelf waa S but. Bessie: did not hearie a4e-the mother did not heed it. The former lay prone upon the bed, deep in a troubled sleep; dressed, even to the dusty shoes which had carried her on her errand, the latte - knelt by the bedride and pressed hei old face to her daughter's fevered cheek. In Bessie's hand was clutched in old--fashioned case containig a photograph. "Her father's liker.e. Poor little irl," exclaimed the mother. Neither Bessie nor her mother read bhe newspapers much; in fact they eldom bought one. Miss Gower must have known this, too, for one morning she *came running actos Uhe garden, waving thme morning paper in her hxand. Bursting into bhie kitchen like a whirlwind, she panted: "O, Bessie, where's your rua? Hey you read the paper?" "What do you mean, Miss Gbwer, what paper?" questioned Bessis's mother. "Here, look," cried Miss Gower, pointing to an item at the head oi ime of the columns. Bessie glanced over her mother's houlder, and this is what she read: AFTER MANY YEARS. HERBERT NORTON, sENTENCED FOR FOE2 GERY, PROVED INNOCENT. LREADY SERVED TWELVE YEARs OF HIs FIFTEEN YEAR SENTENCE . 3EORGE GRAHAM, AN EX-TELLER OF THE FIRST NATIONAL BANK, THE GUILTY MAN. A DEATH BED CONFEssION. They needed only the headlines to bell them the blessed meaning; then the paper fluttered to the floor and Srs. Norton lay unconscious in her jaughter' s arms. "My heavens! she hain't dead, is she?" cried Miss Gower in affrighe as he helped Bessie to lay the' uncon eious form upon the couch. ", no! God have mercy upon us. ie cannot take her now. She has just begun to have something to live for," exclaimed Bessie. "Run fer the doctor; 'taint no com mon faintin' fit," urged Miss Gower, working over the still insensible woman. Bossie ran for their physician, who ~orinately happened to be just own the street with his horse and arriage. When they reached the ottage his professional services were riot required, for Mrs. Norton wras up mud almost ready to go out; she .was just tying her bonnet strings, under t. very flushed face with trembling angers. But the carriage was needed. "Get on your cloak, Bess, andlj'll irive you and your mother right lown. I was on my way there,- and i I saw him first I'd have to tell the jews, and you two must do that," aid the cheery doctor. "es my darling, coma with vna.