The Laurens advertiser. (Laurens, S.C.) 1885-1973, January 26, 1897, Image 1
Inaugural Address.
Governor Ellerbe Not Bound
by Factional Lines.'
The Constitution and Laws
Will Be His Guide in
All Things.1
An Independent, Manly As
sertion of His Purposes.
Tho following ia tho inaugural ad
drets of Win. H. Ellorbo as Governor
Of South Carolina, which was delivered
on Mot.day at. noon :
Fellow Citlss ns : Vou have called
mo to tho highest oiiice within your
gift. In assuming tho duties ol this
most important trust, 1 cannot express
in lilting words n.y high appreciation
of tho confidence placed in me. This
groat honor, 1 ulruod . realize, carries
with it great responsibilities. With
out your warm support, upon which f
confidently rely, I shall be unable to
meet and overcome the many difficul
ties already apparent.
It has long been the custom of the in
coming Governor to outline, in bis in
augural address, tho policy of Iiis ad
ministration, in obedience to this time-'
honored custom, I shall attempt briefly
to set before you the course which I
shuil endeavor to pursue during my
term of olllce.
(Julrammelcd by obligations or pled
ges inconsistent with the welfare of tho
people, it shall be my highest ambition
to discharge my duties faithfully and
impartially. The solemn oath of office
which I have just taken binds me to no
political party or fuction, but it docs
bind me to preserve, to protect and to
defend both the constitution of this
State and of the United States.
Under our form of government, faith
fulness to our fundamental laws and
zeal for the public welfare are all that
is demanded of citizens assuming public
trusts. Tu support the constitution,
the foundation of our free gov nrninents,
i? the duty of every citizen. Upon this
consideration, I have a right to expect
the support of all good citizens and
you have a right to demand that I, in
tho administration of tho laws, glvo
"equal rights to all and special privi
leges to none."
To administer faithfully tho laws ; to
lighten, by all worthy means, the bur
den of taxation ; to develop the re
sources of tho State : to protect the in
dustries of her citizens ; to encourage
immigration of the right sort: to fos
ter our Institutions of learning, both
church and State ; to enhance tho olli
oici.cy of our public, schools ; to sustain
our penal and charitable and other in
stitutions?shall bo my earnest desire
and unalterable purpose.
In matters of detail, bowovor, I deem
it best to make to tho General Assem
bly by special message, such recom
mendations as may from time to time
occur to me, and the exigencies of tho
case may demand. To the intelligence
and patriotism of this body wo must
look for the enactment of laws which
may best protect the people's interests.
1 huvo neither the power nor inclina
tion to forco your representatives to
accept my views. At all times 1 stand
ready to co-operate with them, to coun
cil and to advise.
TAXATION.
Without taxation, direct or indirect,
no government can ho maintained.
All patriotic citizens cheerfully bear
their part of tho burden of taxation
when the affairs of stute are wisely and
economically managed.
It is only when the revenues of the
State are squandered or unwisely and
extravagantly oxponded, or when some
classes of property escape taxation and
tiio burden of supporting the govern
ment* is, then-fore, unequally distri
buted, that the people complain. It is
e'ear then that all taxable property
Should be assessed and that great care
should bo taken in the equalization of
asses-moots. The legislators are tho
s' rvunts of tho people, entrusted with
the delicate responsibility of appropria
ting public funds: and, like good bush
ncss men, they should endeavpr to ex
pend every dollar wisely and economi
cally. To secure the best government,
at tho least oxpeose to the people,
should bo the constant aim of every
legislator. It is tho part of a states
man to 6eek to lighten tho burden of
taxation when this ean bo done with
out detriment to the public interest :
but to cripple or destroy institutions,
established for the benefit of tho people,
merely to reduce the tax rate, is neith
( r wiso bor statesman-like. To pursue I
the one course Is to advance : to pursue |
ttc other Is to retrograde. It. shall be
my policy then, toendeavor to increase,
in every legitimate way, our taxable
property.
This can be done byJoduclog worthy
immigrants to our midst, and by teach
ing our own people to diversify and im
prove In every possible way. it is thus
that we shall be able to bring under
cultivation vast stretches of rich, mi
tilled lands and at the same time, to
improve soil already made poor by im
proper tillago. Our olimatQ is. per
haps, on tho whole, as delightful as
any on this continent. Our winters aro
short and our summers long, but not
warmer than at the North. Stock ro
quiro loss food, and man less clothing
than in colder sections.
Our truck farmers have an immense
advantage over thoir Northern com
petitors. We aro no longer dependent
upon the West-rn farmer for corn and
oats und hay and pork and beef. In
8omo sections tobacco culture has al
ready become a profitable industry.
We havo perhaps the advantage of
Northern ar.d Western farmers in
many respects, und with cotton as a
sure money crop, wo can Offer to immi
grants advantages not possessed by ary
other section. There is now reason to
believe that tho manufacturers of Now
England are already looking towards
tho South. They are beginning to ro
alizo that It Is cheaper to bring their
mills to tho cotton than to tuku tho
cotton to tho mills. With our splondld
water powere, many of which aro un
developed for lack of capital, but which,
if harnessed for tho ueo of man, would
matorially increase our wealth, wo
ought, It sooms to mo, to call tho at
tention of the outside world not only to
theso unparalelled advantages, but
also to our genial climate, tho rlchnoss
and va.'lety of our soil, our mineral
wealth, our splendid forests of plno
and oak and hickory and walnut and
gum and other varieties of trees.
South Carolina ought to becomo a
groat manufaoturing State. We need
a variety of industries. Thero should
bo no antagonism botweon tho farmer
and tho manufacturer, between tho olt
^h^^^a^tho town and t he citizen of the
la not only depondont, but poor, and
the poverty cf tho South in duo not
alone to desolation of war, but to tho
lack of tho arts and Industries which
have mado the North rich. At tho
satno time, we should not in our zeal to
foster manufactories, commit tho fatal
blunder of neglecting or falling to pro
too1 our agricultural interests, which
lie at tho basis of all our prosperity.
Capital, it i? said, is cowardly. At any
rate it seeks a solid basis for invest
ment. Wo ought, on thie account, to
inspire in the outside world the confi
dence that legitimate investments
mado in South Carolina shall not bo
disturbed by unjust legislation, and, at
the same time, wo should protect and
I encourage industries already estab
lished. If wo rigidly pursue this pol
icy during tbo next decade, wo snail
bo able to double tho material wealth
of the Slate, and thereby to reduce tbo
rate of taxation by increasing our tax
ablo property.
DISPENSARY.
Tho most diMoult and perplexing
problem with which tho people in all
civilized countries bhould contend is
that of tho liquor trulllc. All tho
cherts of tho legislators to cope with
thehydraheaded monsterof alcoholism
have been unsatisfactory and Inoffeot
ual. Prohibition has been tried re
peatedly in different States, and,
while it has failed to check drunken
ness, it has encouraged hypocrisy,
evasion or open violation of tho law.
Its advocates aro uncpicstiouably In
spired by tho loftiest of motives, but
human nature remains forever tho
same; and, while legislators may enact
laws, for the puuishmontof crime, they
can never force men to become virtu
ous or sober.
So vast a problem as that of tho li
quor traffic demands fur its soiutiou
the co-operation and combined wisdom
of all the people. Local option cannot,
therelore, settle it, except temporarily
and to a very limited extent. The open
saloon is a constant menace and a dis
grace to civilization.
As is well known, I was at first not
an advocate of the dispensary law and
I was skeptical as t? its ever being u
success in aoy form. 1 can not there
fore be considered as unduly biased in
its favor and I have arrived at my
present conclusion In regard to it
somewhat against my will. The opin
ion reach* d by me, alter a thorough
investigation of Us working through
out the State, and after having tho
views of a good many intelligent and
good men, is that the law is a great
improvement over tho old license sys
tem and that it deserves to bo fully
tried, in its present form, before there
is any radical change made. Tho
proof is overwhelming that there is
less drunkenness now than formerly
and that the consumption of liquor has
been largely decreased. This is ac
knowledged by every fair-miuded man,
and that tho masses of the people are
averse to returning to tho license sys
tem in any form is very evident to any
man who has mingled with them.
! laving stated my opinion as to tho pol
icy tho State bhould pursue, I fool it
my duty to enter at somo length on
tho workings and merits of tho law,
and point out tho severe tests to which
it has beei; subjected. It is not saying
too much to assort that it has never
had a fair chance. Fuaoted during a
period of intense political activity,
when prejudice and party spirit were
running high, it was opposed by many
on political grounds purely, without
consideration of its purpaso or merit,
and every possible obstruction thrown
in its way. The Federal courts by in
junctions have crippled its enforce
ment seriously. After tho Darlington
trouble had been quieted tin: decision
of tho Supreme Court declaring tho
law unconstitutional cum; to undo all
tho work that had been done. While
it demonstrated the utter futility of
prohibition it at the same time initiat
ed tlie bale of liquor without license in
every neighborhood and many who
then began the nefarious trulllc never
ceased to follow it, and arts still selling
liquor as much as thoy dare.
()f what uso is it to argue that the
State should not t-ell liquor to its citi
zens or reap a profit from tho " blood
money," as somo term it, when they
advoeate licensing its sale and thus
sharing in the profits mado by the pri
vate dealer ? One system is just as
immoral as tho other, if there is im
morality in either. .Hut the monopoly
of tho salo by the State enables it to
control in a measure and minimize tho
evil, and - he profits which aro but of
secondary consideration to the State
aro shared by all the people. On the
other band tbo licensing of it- sale to
private parties would create p. monop
oply just as certainly u& tho existing
one?a private monopoly which lias
never been and will never he controll
ed by law, and the profits which then
become the paramount object aro
shared by the State and the barkeeper.
There is a monopoly in cither easo and
tie- State in one instance reap , all tbo
profits and seeks only to promote tho
cause of temperance and reduce tho
evil to a minimum. In the other tho
profit goes largely to private individ
uals and thou: is no thought of redu
dng the consumption of liquor and
promoting sobriety; while oxperienca
lias shown beyond disputo that prlvato
gain stimulates the sale in ovory way
possiblo and encourages tho evil.
There ate no " backstairs, " or 11 sido
doors" toll * dispensaries, but there
never was barroom which did not
sell liquor on the sly on public occa
sions when tho law required it to bo
closed. Tho dispensary is open only
in tl o daytime and whon ordered to
be closed, as on circus days and during
ttie fair in Columbia, they woroclosed,
and but fow drunken men could bo
found in tho city, tbc-Ugh the crowd
was immense Hie Slate can afford
to lose profit on such occasions, but |
umb r no system of liconso has it ever ?
been poasiblo to shut tho bars. IVivato
greed is not to bo controlled and here
in lies tho great merit of tho system.
Then tho closing of tho dlsponsarics
at night and tho destruction of treat
ing by forbidding tho sealed packages
being opened on the premises. Those
throe features aro tho ones which
make the dispensary law popular in
spite of "shortages" In dispensers'
accounts and "rebates," whether real
or imaginary. Lot us - try, then, to
porfect the system and punish dishon
est dispensers rathor than try the old
plan which wo know Is less eonducivo
to sobriety and good morale.
Now, in regard to tho administration
of tho law and tho prevention of fraud
and stealage, I fcol sure that an in
vestigation will show that a great deal
has been said about ?'rebates" receiv
ed by tho officers charged with tho
execution jf tho dispensary law that
has little foundation; but should tho
contrary bo shown I feel that a system
can bo devised or is already In forco
which will froe tho law from criticism
on that score. My exDorlenco in the
comptroller gonoral's office satlfies me
that the business can bo conducted In
such a way as to prevent stealing, or
detect and punish It if the, dtopeusora
Or Other officers connected with tho
Ul pensary attempt It. Thero Is no
reason why snob cheoka and safe
guards can not be devised as will pro
tect tho stuto's interest as thoroughly
of taxos and other public money. The
dispensary has becomo a part of tho
fixed policy of tbo Stato and a* long as
our present constitution remains intact
it ;is tho duty of tho Governor .to see
that tho laws governing it aro enforc
ed, and it ia tbo duty ofall law-abiding
citizens to labor for tho same end, or
at least to submit to tho provisions of
tho law.
I bolievo tbo dispensary comes near
er to the solution of tho liquor problem
than any other scbomo yet propos
ed by man. It may bo necessary to
modify the law, hut constaut changes
aro to bo deplored. Tho dispensers
should bo honest men, selected with
out regard to party afliliatlons, and
when convicted of crime should bo
handled liko other criminals. Tho
chief dispenser, tho hoard of control
and all the higher ollicials should ho
men whose honesty cannot bo reasona
bly questioned, and who should hold
their places on account of fitness and
not for political reasons. An institu
tion is known by Its fruits, and it is
simply a question whether prohibition
or tho disponsary system will do most
to diminish drunkenness and its ac
companying ills Upon moral grounds
and only upon moral grounds, tho dis
pensary must stand or fall. The pro
lit feature is of secondary considera
tion.
EDUCATION?TUE PU?LIC SCHOOLS.
That it is tho duty of the Stato to
provido for the education of her child- !
ren is now almost universally conced
ed. Ho belongs to the past and not to
tbo prcsout who hopes to check tho
growing demand for popular educa
tion. The enemies of the public school
will find tho entire drift of modern
civilization against them. All the
lead'rg nations of tho earth have
founded, and aro still endeavoring to
perfect, systems of popular education.
Witness Germany with 1'J per cent,
and Franco and England each with
10 1-2 per cent, of their population in
tho -schools, To bo rol?Ratod to tho
roar is tho fato of every State that
fails to provido for tho training of her
ohildro?.
Witness Spain, once tho leading
power of Europe, with only 10 per
cent.; Italy, once tho homo ofartaud
science and culture, with 0 per cont.;
Turkey, at once tho shame and disgraco
of Kurope, with 2 l-2per cent ; Mexico,
with A 1-2. and Brazil with only 3 per
cent, of her population at school.
The whole h'story of modern civiliza
tion teaches that, in tho struggle for
supremacy, the sceptre of dominion
passes not to the State most richly
blessed by uature, but to tho State
that best succeeds in training its citi
zens for all the duties of life, both pub
lic and private, in peaco and in war.
In comparison with cold and bleak
New England the South is a paradise.
And yet it must bo confessed by all
fair-minded men that long before the
desolating cyclone of war bad swept
over our fair fields, power and do
minion were already passing rapidly
to tho North. Wo were already ap
proaching a condition of intellectual
bondage in tho South. It has been
estimated by oininent authority that
this section paid annually to tho North,
for many years before tho war, not
less than $5,000,000 for hooks and edu
cation. When Now England estab
lished her freo public schools and
strengthened her system of popular
instruction, she armed herself with the
powor to wrest supremacy from the
South, which was content with pri
vate and parochial schools, and to
make good her claim to leadership far
more oU'eetually than she subsequently
secured in tho surrender of Leo at Ap
pomattox.
This is said in no harsh ciiticism of
tbo geueration of men now rapidly
passing from thostage, whose courage
and fortitude were tested on a hundred
hard-fought field?, whose "energy
mado bricks without straw and spread
splendor amid tho ruins of their war
wasted homes ;" hut for tho purpose of
emphasizing a truth which cannot he
too deeply impressed upon the minds
of tho men into whose bunds is com
mitted the solemn responsibility of
moulding tho destiny of the State and
of making her future not unworthy of
her proud, inspiring past. To see our
own short-comings and to rise with
linn will to correct past mistakes is
tho part of wisdom. Vain conceit in
a State is no more to he admired than
in an individual.
Our schools are not what they ought
tobe, in the opportunities they oiler
their youth for education, the north
ern and western States have left us far
behind and this for reasons beyond
our control. Tho war left us confront
ed by tho most serious educational
problem evor thrust upon a freo peo
ple?tho problem, it has been well
said, of educating three times the num
ber of children with one-third tho
mouey. Tho war not only robbed us
of more than 50 por cent, of our tax
able property, but It added atasinglo
stroke to our school population hun
dreds of thousands of illiterate ex
slavos. In spite of despcrato odds, wo
have been moving forward, hut tho
battle is not yet won. South Carolina
has not yet regained her onco proud
position in this groat ropuhlic. Sho
can never regain it until her people,
rising above all partisan hatred, unite,
in one heroic effort to mako our sys
tem of public instruction inferior to
nono.
It is tints and thus only that we shall
triumph in tho end. Wo should de
velop our mines, build factories and
improvo tho fertility of our soil ; hut
our highest, our most sacred duty now
and evermore must bo to improve tho
quality of our citizenship, to dovolop
tho mind and hearts of tho rising gen
eration, for upon their Intelligence,
virtuo and patriotism tho destiny of
our State dopenfs.
fn a monarchy, In an aristocracy, a
few great and good men may govern
tho stato wisely and well, but In a gov
irnmentof tho people, for tho peoplo
und by tho poople, illiteracy Is ashamo
and a disgraco and a constant monaco
to tho safety of the State. All good
citizens sho lid unito in tho ctTort to
Improvoour public schools ; to lengthen
the school term, especially In tho
country : to encourage tho foundation
of public libraries; to inaugurate a
systora of university extension that
shall ea:ry scionco and culture to eager
minds grasping aftor bettor things ; to
increase tho number and efficiency of
tho farmers' Institute, now conducted
by tho authorities of Clomson collogo.
In this groat work of oducating tho
masses f pledge my unwavorir<g sup
port and sympathy. To our higher in
stitutions of learning, tho public schools
must loak for efficient, well-trained
' teachers. Destroy or cripple our col
leges and you destroy and crlpplo all
hope of hotter public schools. As a
stream cannot rlso higher than tho
fountain head, so will touching in tho
puollc schools remain low and unsatis
factory until those who aro to ongago
in this work seek tho bolter to oqulp
tborasolvos In tho higher semlnarleaof
loarning. Nor is this all. Tbo pri
mary sobool, it is said, has a right to
livo booauso it fits peoplo for the duties
of oltl/mshlp. But for what diVtios ?
To read, to write, to olphor?/ Does
this fit thorn for tbo duties of Oltizen
thipV For the lowest perhaps, but
rhat of the highest ? Do not t^> high
est duties require the amplest scholar
ship, tho highest aud noblest training
that con bo given ?
Can tho free school tit for tho highest
duties of statesmanship? Assuredly
not. For the solution of groat und oft
times perplexing problems Involving
tho pcaceand proauorityiof all tho peo
ple theiStato stands In constant need of
men of tho highest scholarship, of tho
profoundest knowledge of law ; men
whoso mental grasp is largo enough to
sweep tho whole horizon ; men able to
rise abovo local or oven Stato interests
and to act for the common good of tha
peoplo of all tho States.
It Is tho ehlof pride and glory of our
Stato to claim for hor sons men whoso
names aro forcvor Inscribed in tho his
tory of this nation. Such woro Logare 1
and Sims and Hayno aud Preston and i
MeDulfie and the great Calhoun. From ]
her hills and valleys may still go forth
meu who shall notonly bless tholr Stato
und nation, but humanity itself. Again,
docs tho common school train men for
the professions of law, of medicine ?j
Does it equip them for scicntilic pur- |
suits P Does it send out expert chom- I
ists and geologists and engineers and
scicntilic agriculturalists ? It can never
train men f<?- t.he mi"'**' ' imi ,Its and
p" fcia lie ,.,<cu w ?h? ikiuuaiuui youth
( I tho Stato. For those wo must furnish
i ceded training in seminaries of learn
ing or look to other States to do for us
what we should do for ourselves, und
spend money abroad for what tho Stato
couid supply. Against such a fate State
pride aud patriotism alike rebel. Such
a disaster would fall with crushing
weight upon the sons and daughters of
the poor, who would be unable to meet
tho expenses of an education at tho
North. Hut wo are told that higher
education In South Carolina costs too
much. Does it not cost less than any
wbcro olse in the world ? Harvard,
with her .'I,DUO students, has an annual
income of more than $1,000,000 ? a cost
of $400 per student, and this, to i, with
no account taken of tho millions al
ready invested in buildings and books
and scientific equipment. Aud yet who
will say that tho vast sums invested in
this great university fail to bring in
adequate returns? Docs Virginia com
plain of tho $100,000 annually spent for
the ?00 young men at her university.
Have not Michigan and Wisconsin aud
Minnesota and Nebraska and California
been amply repaid for the millions in
recent, years devoted to higher educa
tion ? A tax of $100,000 for higher edu
cation in South Carolina means but
little more than 50cents for every t hou
sand dollars of taxable property. Such
a tax, oven were there no adequate re
turns, is no burden to any one. Hut it
docs bring adequate returns in mauhood
and womanhood. It does, 1 believe, in
the long run, pay for the investment in
dollars and cents. Thero can be, thero
must be no confllotbetween church and
Stato colleges. There shoulel be gener
ous.rivalry, but open or cuvert antagon
ism is disastrous to tho interests of both.
Colleges fouudeel by tbeehurehos and
by private beneficence have performed,
anel are still performing, a great and
patriotic service, but ne> Stato should |
surrender to private philanthropy or
denominational steal its sacred, inalien
able right and solemn eluty eif placing
within reach of all her children the I
broad of knowledge. Zial in cduca- I
tional work is contagious. The church I
school nourishes best in those States I
whero public spirit, rallies to tho sup- I
port of tho Stato colleges, or to speak I
more philosophically, wherever the
church Is healthiest there all public
institutions for-the ge>od of men llnd
their warmest support.
Genuine Christianity enkindles intel
lectual life, arouses man from lethargy
anel creates within him public spirit
anel patriotism anel an unfailing inter
est in tho welfare of others. In Mexico,
in Brazil, in Spain, wherever in short,
Christianity has become stagnant,
there all public enterprises languish.
Destroy or cripple our denominational
colleges and you take from our civiliza
tion its strong, unlifting force: but ele
stroy or cripple our State Institutions,
and ye>u take the reiad which has car
ried Spain, once tins leading power and
naturally the richest,country of Kuropo,
to the rear in tho triumphal march of
civilization. There should of cemrso be
no wasto in our educational resources.
CONCLUSION.
Felleiw oitizens, the political cam
paign of lS'.iti is over. You have hon
ored mo as few men in South Carolina
have ever been honorod anel far more
richly than I deserve. You gave me, I
say it in no spirit of vain glory or of
boasting, but in profound appreciation
of tho honor bestowed- you gave me in
tho Democratic primary the largest
mujority ever given a oandldato for
Governor. Both factions of the Demo
cratic party, as the veite cast indicates,
gave mo warm and enthusiastic sup
port, such us necessarily could not have
boon given to any factional candidate.
My constant anxiety shall be not to
prove unworthy of your confidence.
I am your Governoi thoGovernor of
tho wholo people. Our interests aro
mutual. It will be base and treacherous
and ungrateful on my part and unwise
and unpatriotic on your part, longer to
fan the tiros of. partisan hatred. On
questions of public policy we cannot all
agree; but when issues aro settled at
the ballot box, we can and ought to sub
mit to tho will of the majority honestly
expressed.
I beseech you to rosolvo on this occa
sion to bury all factional feelings and
to join hands anel hearts in your efforts
to develop tho resources of our beloved
State, to build up her institutions, to i
promote horovory inter, st. In assum- |
ing my olhcial eluties, I pledge you my
best services. With all my strength e>f I
head and heart I shall labor for the
common weal, anil in my official capac
ity I shall treat both friend and foo
with equal con-ich-ration. I rid myself
of all sectional and partisan foldings and
hail you all as Carolinians. I love my
native Stato. 1 le>vo her people. I am
proud of her grand and Inspiring his
tory; of tho names of her illustrious
sons: of tho thousands of her honored
dead whe> sleep upon every groat battle
field of their country. I rejoice in the
hopo our future inspires, in tho patriot
ism of our young manhood and in the
solf-sacrllicing devotion of our young
womanhood.
? Everybody knows how hard It Is
to look entirely unconscious if you
havo nothing to put In tho plato when
a collection is being taken, but it is an
Impossibility in acortain Now York
church, whoro tho contribution box
' used contains a small boll concoalod in
it, which rings only when a contribu
tion Is made. Tho collection Is usual
ly taken during tho Rennen, and no
stingy churchgoer can fail detection.
?A Chioago clerk recently threw
a book agent forcibly out of his office,
after refusing to take tho man's card in
to his omployor, and was justlllod by
tho judgo boforo whom bo was tried for
assault who established as Chicago
law tho theory that such forcible meas
ures in dealing with book agonts woro
justifiable.
?Ooly 70 years havo olaspod slnco
tho first railway In tho world was fin
ished. ? During that comparatively
brief period 400,000 miles have boon
constructed.
Liquor Caii Be Imported lor Personal Use.
THE U. 8. BUPttKMK COURT SUS
TAINS SIMONTON.
Tho Highest Legal Tribunal in tho
idtn(i liuids linn the Interstate
Commerce Feature of Oar Dispen
sary Law is Null uml Void?Justice
Itrowu Dissents on High Ground.
Tho Supreme Court of tho United
States has decided that tho portion of
tho South Carolina Dispensary law
which provides for tho Inspection of
liquors imported iu tho State to be in
contravontion to tho constitution of
tho United States. Tho opinion,
which had beon prepared by Justice
Shires, was stated very briclly by
Chief Justice Fuller. The written
opinion is a very elaborate document,
but tho Chief Justice gave a very brief
synopsis of it, declining afterwards to
givo tho document to tue public.
Tho cases at bar were begun iu tho
Federal court for South Carolina by
James Donald, aoitizonof this State,
upon tho seizure of a case of California
claret, six bottles of Maryland whiskey
and a barrel of Hochester, N. Y., beer,
by S. M. Gardner, M. T. Holly, Sr., E.
C. Beach and J. Al. Scott, State con
stables, acting under tho provisions of
the dispensary law directing the
seizure of all tho liquors in the hands
of any common carrier, agent or pri
vate citizen, not sold by tho State
agent, whether Imported or other
wise. Tho trial court gave Douald
judgment for $300 in each case and tho
constables appealed. The cases were
argued last fall, the validity of the en
tire law being brought into question.
Tho opinion of tho court stated that tho
proceedings were not a suit against
the State, which could not be brought
without its consent, and that tho plead
ings of tho record raised questions
which gave the Supreme Court of the
United States jurisdiction of tbo whole
subject. The. law was discussed at
groat length in the opinion and many
authorities cited, the result being that
the judgment of tho court below in
favor of the owner of the liquors was
allirmcd with costs, for the reason that
the law was in contravontion of the
clauso of the national constitut ion re
gulating commerce between the. States.
Tho opinion conceded that the legisla
ture of the State passed the law in
what it believed to bo tho exercise of
its polico power and with no intention
to interfere with tho operation of any
Federal law or to discriminate against
tho products of any other State, but
that intention, it continued, could not
finally control the determination of
the effect of tho law.
The Chiof Justice, said that it was a
dolieate matter to pass upon a law
looking to the restriction of the traffic
In intoxicating liquors, but that when
the law itself recognized it as a subject
of interstate traffic, it became the duty
of tho court to regard it as any other
article of commerce, aud to handle the
subject accordingly.
The Chief Justice declared that tho
law did not conform to the require
ments of tho Wilson bill for regulation
of interstatecornmer.ee in liquors be
tween the States.
Mr. Justice Drown recorded a vigo
rous dissout, saying: "Tho etl'oot of
the enactiucntof the Wilson law seems
to inc to withdraw intoxicating liquors
from tho operation of the commorco
clauso of the constitution and to per
mit the traffic in them to be regulated
in such a manner as tho several States,
in the exercise of their police powers,
shall deem best for the general in
terests of the public This act is not
limited in its operation, as the majority
opinion seems to assume, to State laws
forbidding the importation, manu
facture and sale of such liquors, but
declares that they shall be subject
upon their arrival within tho State to
the operation of all its laws enacted in
the exercise of its police powers.
" Now, as congress has expressly de
clared that such articles shall, upon
their arrival in the State, become sub
ject to its laws to tho same extent as
if they had been originally produced
there, and as tho dispensary law does
not declare them contraband as im
ported liquors or because they wore
imported, but because they were not
bought from a State officer authorized
to sell the same, and as the law makes
no discrimination In that particular
between imported and domestic liquor,
it is impossible for mo to see why con
gress has rot directly authorized the
action that was taken by the State
officers in seizing these liquors.
" But as I understand, the court
bases, to a certain extent, its opinion
of tho constitutionality of this act upon
the fact that the traffic in intoxicating
liquors Is not absolutely prohibited,
but is monopolized by the Stale itself
through tho agency of a State commis
sion.
"Granting [that the act gives tho
State Itself a monopoly of all the traffic
in such liquors, it is not a monopoly in
the ordinary or obvious sense of tho
term, whore one individual or corpora
tion is given the right to a manufacture
or trade which is not open to others,
but a monopoly for the benefit of tho
whole people of tho State, the profits
of which, if any, aro enjoyed by the
whole people ; in short, a monopoly iu
the same sense in which the postolliee
department ami the right to carry tho
mails, is a monopoly of the federal gov
ernment."
Quoting Chief Justices Marshall and
VVaite upon tho necessity of the ex
pediency of tho courts acting with
great delicacy and hesitation in declar
ing a statute unconstitutional, Justice
Brown concluded : " I regard these
words as particularly applicable to the
dealings by this court with the pro
ceedings of a State legislature, and
that their right to determine what is
for the best interests of their people,
should be carefully respected, OXCOpt
where it cdmes in manifest conllict
with tho dominant law. F.spccially
Bhould everything be avoided which
carries tho suggestion of a vexatious
interference with Stato action. Tho
manifest dangers to tbo future of tho
country, which lurk in the. inlloxibi
lity of the Federal constitution can
only be averted by carefully distin
guishing between such laws as practi
cally 'concern tho inhabitants of a
particular Stato only, and aro intend
ed bona lido for their welfare, and such
as aro a moro subterfuge for an un
lawful discrimination and cannot ho
carried Into effect without doing pal
pablo injustice to citizens of other
states. It should not bo overlooked in
tills connection that tho complaints in
this case emanate from a eitizon of
South Carolina, who seoks to defy tho
law of bis own Stato and puts forward
as his excuse the IcjUStlCO dono tho
citizens of other States, who make no
complaint of her action in this parti
cular. If a Stato cannot prohibit her
own citizens from importing liquors,
as well as buying them at home, the
'Wilson bill' is set at naught and the
prohibitory laws of tho sovoral States
rondcred Inoperative In a vital parti
cular. The fact ihat thenn liquors wore
Imported for complainant's own use,
and consumption, IOstoad of for sale,
raises no question uudor the Federal
constitution. Both are under the ban
of tho statute.
" I an: uuableto sco how that section
of the dispensary act of South Caro
lina, which authorized tho seizure
inudo in this case, conflicts in auy par
ticular with tho Federal constitution."
Seuator Tillman is highly pleas
ed with tho opinion. He as Governor
of the State was responsible for tho
Dispensary law, and has been very much
interested in tho result of tho litiga
tion over the law. Ho says the opin
ion delivered does not alTect tho
merits of the law as a whole, and that
the part covered, applying as it does
only to tho interstate commcrco fea
ture of the law, really makes tho law
in its application to the Stato stronger
than it was before.
Tillman and Irl], on tlie Dispensary Case,
Till; DOCTORS WILL DISAGREE.
Tillman Thinks Iii?; Decision Docs
Not Hurt tho Law?It'by Relieves
tho Law is Dead.
Special to News and Courier.
Senator Tillman's hobby, (the South
Carolina dispensary liquor law), has
been ditched by the Supreme Court of
tho United States. The Court decided
that the law is unconstitutional so far
as it seeks to prohibit citizens of the
State from importing into the com
monwealth liquor for 'personal use.
The question whether tho State has
the right to engage in tho liquor traf
fic was not raiocd during tho trial,
hence the constitutionality of the en
tire dispensarylaw was not passed upon
by the Court.
Tho genera) opinion of South Caro
linians and lawyers who have followed
this interesting case is that tho deci
sion practically destroys tho famous
liquor law, which enabled Senator
Tillman to rise from the. Governor's
\ chair to tho United States Senate.
Ever since the ChioagO convention
Tillman's Infliienco in South Carolina
has been on the down-grade, and his
political enemies claim that the deci
sion of the Supreme Court to day will
expedite his journey into political ob
scurity. One of the interesting Inci
dents of the day was the wide differ
ence of opinion between the two South
Carolina Senators on this subject. Irby
claims to have made Tillman, but re
cently they quarrelled and Tillman
undertook to displace Irby in the Hen
ate with F.x-Governor John Gary
Evans, irby joined forces with the
Anti-Til)man faction in tho Slate and
helped to defeat l.vans with Judge
Karle.
To-day Tillman and Irby met in the
Senate cbambor for the llrst lime this
session. Tillman advanced towards
bis colleague and extentled his hand.
Tho handshake that followed was
about us cordial as Corbett and Fit/.
simmons will put up if they over meet
at the ring side. A few perfunctory
words were exchanged and the hated
rivals parted. A few minutes later
the news reached tho Senate that tho
South Carolina liquor ease had been
decided against tho State. Here is
bow the South Carolina Senators ex
pressed themselves on the subject:
Senator Tillman said he was the
" daddy of the dispensary child, and
therefore he was anxious to ascertain
to what extent the Supreme Court had
mutilated his offspring." There was
considerable confusion over tho deci
sion of the Court owing to the fact that
Chief Justice Fuller announced the
decree of the Court for Mr. Justice
Shi ras, who was absent from the bench
to-day. Tho decision was quite long,
and the Chief Justice made but a brief
statement of tho Undings of the Court.
His condensation was such that it was
difficult to determine whether the
Court had passed upon the entire dis
pensary act, or Simply that part of it
which enables parties'to bring liquor
into tho Slate for their personal use.
After spending several hours In trying
to get at tho real scope of the decision
Senator Tillman was informell by Mr.
Justice Brown, who dissented from the
opinion of the Court, that the decision
ullicms the decree of the lower court,
which decided that it was unconstitu
tional for the State authorities to ar
rest persons for bringing liquor into
the. State for personal use. \\ ith that
understanding of tho decision Senator
Tillman exclaimed: "That decision
does not kill my dispensary law by a
jug full. As I understand it tbo de
cision simply afUrm8 the decision of
Judge Slmonton, Who more than a
year ago issued an injunction which
prevented the Stale olllcors from ar
resting and seizing liquor brought into
tbo State for the personal use of the
parties interested. It does not go into
the general question of the constitu- I
tional right of the stale- to traffic in ]
liquor. We have h en operating under
the injunction of Judgo Slmonton for
more than a year, and tho decision
rendered to-day docs not materialiy
alYcot the existence of the law. Wc
will go right ahoad and enforce the
law so as not to conllict with the Su
proine Court, hut if wo llnd that tho
law is not broad enough I will under
take to get a special Act of Congre.-.s
passed to give us all the power wo do
Biro to enforce the law. The light Is
not over by a jug full, and we will con
tinue todef. ml the dispensary law he
cause we believe it is for the good of
tho people of the State."
" Will not the decision rondorod to
day enable or encourage people to
evade the law and make combinations
to get liquor into the State under the
pretext that it is for their personal
uso V "
"If they do WO will capture their
stuff just as we are doing to-day. If
any further legislation is necessary,
our Legislature is in session, and wo
will amend the. law to meet any em
ergency that may arise. There is a
mistaken idea prevailing in the minds
of certain people that the disponscry
law was onaoted to give t';,': State rev
enue. That was not the intention of
tho framers of the law. We want to
break up the bar-room system and our
tall the consumption of liquors in the
State. We don't care anything about
the rovonu" we get from it if we can
prevent drunkenness and check the
InfluenOO Of tho rum sellers in State
polities. A great deal has been said
about the dispensary law being used
to promote tho political ambition of
certain men in the Statt:. These
charges are without foundation, and it
will not do for tho enemies of the law
to keep up that old cry."
Senator Irby said that he was unable
to see tho text of tho decision, hut the
impression given him by those who
listened to Its reading by Chief Justice
Fuller was that tho Court decides the
entiro dispensary Act unconstitutional.
Ho road Mr. Justice Brown's dissent,
Which soomod to take tho ground that
the majority of the Court erred in de
claring the whole Act unconstitution
al. " I bavo always believed in the
spirit of tho dispensary law," said
Sonator Irby, " but I roalizo that it
has boon rendorod obnoxious to a ma
jority of tho peoplo of tho State by the
methods omployed In executing it.
F,vcn if the Court DOS not decided tho
entire A<t unconstitutional by deciding
tho rntor-State commoroo feature of
tho law.unconstitutional, the decision
praotlcally sounds the doath knoll of
tbo law In South Carolina. i I
"Tho law its unpopular iu tho Stato
because it increases the price of liquor
to tho consumer. 1 appreciate tho
fact that the dispensary system is bet
tor for tho morality of our people than
tho public bar-room system, but the
expcutiou of the law has been tainted
with scandal, and it h.is boon used for
the political advancement of certain
persons.
"Tito law properly administered, is
in my judgment a good law, but it is
evident that many of tho objections
raised against It are justifiable. The
decision of the Court practically kills
the law, for under the decisioii of the
Court persons uro entitled to go out
side of the Stato and purchase their
liquor, which necessarily reduces the
revenue to tho State contemplated
by tho dispensary laws. Form a bus
iness standpoint the State can not
afford to continue the system, and,
therefore, 1 believe the law is dead.
Tho returns to the State have not been
a> great as expected, besides the pol It
cal crimes committed iu the name of
the dispensary law combine to render
the law generally obnoxious through
out the Kt-ate."
1-2VANS' LAST OFFICIAL ACT.
His Appeal tor tin; Completion of the
Confederate Records.
Tbc following message is the last,
official act of John Gary Kvans as
i Govornor of South Carolina, and is
creditable us the closing feature of his
administration :
Gentlemen of the General Assembly:
The report of the commissioner and
historian of the Confederate records,
which will bo printed and laid upon
your tables, has just been handed me.
having been delayed by the severe
illness of General II. L. Farley, the
commissioner.
It enter.- into all details couucctcd
with the work, Bhowlug both Its ex
tent and Importanoo, which tiro apt to
bo overlooked by a casual observer.
It shews that a great deal has-been ac
complished with what was then con
sidered by many as a totally inade
quate appropriation, and that under a
contract to the "lowest bidder,'' work
which was considered impossible has
been done.
General Farley also shows that a
large amount of valuable' manuscript
work has been and is being accumulat
ed, which in the future will become in
valuable.
1 submit the report to tho general
assombly. regarding you as tho best
judges of the amount to be appro
priated, but would eommond this work
to your kindest consideration, because
it is too valuable to be lost or to be
neglected.
1 would recommend that the amount
suggested In his report of at least$500
to complete tho printing of the rolls,
be granted and that such sum as your
body may think proper to be given him
to look after the matter, which will be
delayed by reason of the failure of the
appropriation.
Tho contract with Mr. Wilson, as
tho "lowest bidder," was made under
my approval, and as ho has properly
equipped him elf for the work, and is
doing it so che iply, he is fairly entitled
to linifth the job, which in all probabil
ity no other printer would undertake
now, the great bulk of it having been
done. The balance which will be due
to General Parley, a? historian, when
he has finished aud delivered his manu
scripts, should be placod In tho trea
sury, subject to the terms and condi
tions of the original act.
In conclusion, I would say that this
important work shoul be porsovored
in unlit is an accomplished fact. The
State can and will alYo**d to bo not only
just but genorous to tho Confederate
cause and soldiers, and as General
Parley was ono of them, with a gallant
record as such and besides has faith
fully served the Slate In many other
ways, you ought undoubtedly to put. it
iu his power to finish this work with
credit l?) the State and honor, credit
und prolit to himsolf, without haggling
ovor tho cost. U tspeclfully,
John Gakv E\ ans.
Governor.
GOLD 1'KYKK IN NORTH GKORGIA
Tho out Mines Around Dahloneira
Are Open Again- Gold JIunters are
Creating a Sensation.
A special from Dahlonuga, Ga., to tho
Atlanta Evening Constitution gives
the following :
" The gold fever is on here and it is
running higher every day. old pros
pector- from Cripple Creek and South
Africa are pouring in. and capitalists
are taking options US fast as they can
obtain them. There is no staking
olaitUS here, U9 tbe property is ail hohl
under title. One hundred mines arc
being developed within a radius of two
miles of this town, where a United
Slates mint was located before the
war. Tho mint, by tho way. coined
$20,000,000 in gold, bu*. the dlscovory
of the California held and the war
broke up mining be re except in it
small way and the mint was abandoned,
in the old days tho mining in this
Held was tili dona by crude methods
and more gold was lost than was saved.
Nothing but surface ore was worked,
as at a depth of about forty feet BUl*
phurots wero*oncountored and the
amalgam plates would t.ot catch that,
" Recently Mr. A. French, of Pitts?
burg, i 'a., the largest steel spring manu
facturorln the world, has demonstrated
that the ohlorinatlOO process Is an eco
nomical way of treating these ores and
assays of the tailings from the old
mills show from $20 to $100 per ton
value, Whloh has been allowed to
escape. The old mine- arc being
oponed and assays from shafts leu foot
deep give valtlOB running from >S> up.
"Metz, thu Philadelphia brewer,
and Christian Wahl, of Milwaukee,
have obtained very rloh assays, tho
hitter having had ore to run as high
as $1,100 to the ton. Judge Morris, of
Tennessee, who is tunneling a moun
tain near here, struck three: rich veins,
which run from *2'.i to $500. All this
ore is saprollto, or partly decomposed
and < isily mined.
" The belt is of great length, Tho
Crcighton mine, on one of these voins,
twenty-live miles southwest of hero,
yielded bs.uuo pennyweights lust year
and the capacity is to bo doubled.
Popo & Dye at rJoily Springs arc said
to have taken out $40,000 in tho lust
few months, using a ten stump mill.
" Prospootors from South Africa say
that this belt is full of mines richer
than the famous Robinson mine, and
they all say that this la destined to bo
u wonderful mining cam p.
?? The whole section is wild with ex
citomervt because the more that devel
opment work goes on tho grcalor uro
tho results. Veins which are more
ribbons on tho surfaco run together at
varying depths and widen out to ton,
fifty and one hundred feet with in
creasing richness as they g.o down. < >ne
compuny Is being organized to put In
a largo plant with a two hundred
stamp null and another syndicate is
, getting roady to put In a 250 stamp
mill with a ohlorlnation plant largo
enough to treat all the oonoontrat.es
i from 500 stamps."
WAY8IOK OATH ICKINGS.
Hits oi Humor mill Nugjcote of Truth
ibr tllO l?l uli it mir
?A pound of phosphorus make
],(i00,000 matches.
? A million tons of loe aro oxpooted
this year from tho Kennoboo rlvor
alone.
?To be able to say no at tho right
time Is better than to bo ablo to speak
half a dozen languages.
?A clever Parisian has invented a
maehlno which cau split ono human
hair lengthwise into HO strips.
-President Cleveland will bo 00
years old two weeks after tho expira
tion of Iiis present term of olfico.
-M. Nobel, tho inventor of dyna
mite, who has just died, was a singu
larly gentle aud mild-maunercd man.
-California now has ovor ;i5,000
acres of almond orchards, ropresont
Ing an Investment of moro than $10,
000,000.
?A clock keeps its baud boforo its
face, probably because it is ashamed
of tho cowardly way in which time
Hies.
?The cigarette fiend smokes to kill
time, but usually discovers that time
can stand tho racket longer than ho
can.
?Don't try to get rich all at onco.
Any one can be sure of a competency
who has sense enough to keep what he
earns.
?In a breach of promise caso tho
lover was convicted of writing, " Ml
hart beets only for tho, Ml darling
bun ney."
?Savo in the Ottoman Emire, Per
sia, Arabia, Slam, China and tho In
terior of African countries, slavery is
now extinct.
?In Melbourne a woman gets two
pence, half penny for making a shirt,
while a Chinaman gets live penco for
wash!og it.
? In the l'abst brewery at Milwua
kie is a machine whioh corks, wires,
and cups 10,000 bottles per clay auto
matically.
?A strong microscope shows tho
single hairs of the head to bo like
coarse, round rasp, but with tcoth ex
tremely irregular aud jagged.
?The lowest temperature ever re
eorded was on Docombor 'M), I871t by
Professor Gornohon, at \\ rchojausk,
Siberia, SI decrees below zero.
? According to college statistics,
Glrard college, Philadelphia, is the
rieht st college in this country, having
over $11,260,000 of endowment.
?The speculative astronomers aro
now arguing that tho moon is in tho
shape of a plumb bob, and that tho
largo end is always toward the earth. 1
?In the last 20 years the Southern
Stat- s have expended $8,000.000 for
negro schools. Nearly every dollar of
this vast sum was furnished by tho
while poopld.
?Steel pens are destroyed by cor
rosion from acid in the ink. If a nail
or some old steel pens are put in tho
ink the acid will exhaust itself on
them, and t he pens in use will not cor
rode.
?All experience teaches us that wo
become, that which we make oursolves.
We strive against tho inclination to
do wrong, wo strive for tho inclination
to do right, and little by little wo bo
come that for whioh we strive, Every
day's effort makes the struggle easier.
?"The reason bicycles cost so
much,''explained the agent, "isthat
the cost of manufacture?" "Thoroa
son bicycles cost so much," interrupted
tho rider, " is that people aro crazy
enough to pay so much for thorn.
And the tlgCUt did not feel that ho was
justified iu entering a denial.
?At some of the Pennsylvania
mines coal is Belling for 55 and 00 cents
a ton, and the miners aro paid 70
cents. The owners of the mines appa
rently lose money on each ton of coal
taken out. but as many of them aro
interested in the railroads which carry
the coal to market, they probably
more than make good the loss.
~ ?.? i
MOODY'S BIRTHDAY GIFT.
Friends of the lOvnngelisl Will l'ro
sent Mini With a Chapel.
An event of considerable interest
and importance in the life of Dwlght
L. Moody will take plaee on February
?">, when Mr. Moody will be sixty years
old. A number of his friends aro
working to raise a fund ' of $25,000 to
erect a chapel for the famous summer
school at NorthUold, and it is confi
dently expected by the committee that
the whole sum will be raised by Feb
ruary 5, so that the chapel may be pre
sented as a birthday gift.
Mr. MoodyV English friends also aro
deeply Interested In this matter, and
tho liov. Dl?. M. K. Meyer, tho colo
bratcd English evangoltst who will
arrive in New York February 3, has
been especially active. Tho purpose
is to raiso half of the amount in euch
country. Dr. Meyer, writing from
London recently, expressed tho feeling"
of Mr. Moody's English friends as fol
lows: "Foryears ho has wished for.
this (tho chapel; and it ought not to "
bo dlllioult to raise that amount for*
ot,o to w horn wo are all under obligation,
who has never asked sixpence for him
self.'1
The chapel, when built, will practi
cally complete the chain of NorthUold
school buildings which has teen evolv
ed during tho pasl Iifteeu years. Tho
Norlhiicld school and its summer con
foroncos havo becomo famous. Some
of the most prominent religious speak
ers and workers In tho world havo
been heard in the large NorthUold
mooting.^. This pleasant Massachusetts
town has become, the gathering place
for hundreds of young people, and tho
student conferences, one of tho most
cent idoas, haVO been very success
ful.
The NorthUold Seminary for Young
Women was the first institution start
Od there by Mr. Moody. About 400
students were enrolled last season.
Three courses of study are olTurcd?
the college prcp.iraloi y course, tho
general courso, affording largersoopo
in elootivus, and the English courso.
Tiie seminary Is non-sectarian. Since
it was established, in 1870, tho numbor
of students enrolled has been 1,070.
The tuition is a year, but thocost
of each pupil is about $200, tho deficit
ii dng made up by subscriptions.
The Skinner gymnasium was oponod
in September, ls'.'>. It contains a
bowling ulloy, swimming tank, dress
ing rooms, a running track and modern
athh tic apparatus.
Tho conferences began in a small
way In 1880, and have grown ovory
yoar. The student conference is now
held during the last week in. /uno and
first week in duly, and the tyoung wo
men's conference is held lu tho c*/t*
part of July. There Is also a woi V
conference, especially for Hiblo.t^/* ,
ers, and great attention is also i ?*?
to tho work of tho Young Men's (
tlan Association. Many of the')
men camp cut in tho pleasant st
now popularly linown as Camp
Held)