The Newberry herald and news. (Newberry, S.C.) 1884-1903, March 05, 1891, Image 1
ESTABLISHED 1865. NEWBERRY S. C. THURSDAY, AE .50
THE OLD LAWYERS.
They Were Advocates, not Attorneys--They
Put Their Heart% Into Their Clients'
Causes, Making Them
-Their Own.
[From the Atlanta Constitution.]
It is a blessed privilege to a young
man to be constantly associated with
his seniors, especially if they be great
men and good men. It is the most
effectual and delightful education that
he can get. Books are a good thing,
but it is better to be in daily commun
ion with men who have read and
studied the books, and sifted from them
all the good that is in them. I was
ruminating about the notable men of
the olden time-the men to whom I
looked up to with love and admiration.
They are all gone, but they left their
impress upon the age in which they
lived and upon me. The bad is mingled
with the good in everything, and it was
sad to me to see these great men pass
away. One by one they fell before the
scythe of thereaper, and Iam left alone.
Some of my youthful companions are
left me, but the men I reverenced are
gone. How swiftly and surely they
go. I was thinking about the great
lawyers of the Western circuit. About
Howell Cobb and his brother Tom, and
the two Doughertys, and Hope Huil,
and Junius Hilyer, and Basil H. Over
by, and Judge Jackson, and Joseph
Henry Lumpkin, and Judge Hutchins,
and Cincinnatus Peeples. What a
glorious galaxy of learned and brilliant
men-honorable meu-men who fought
a fair fight, and scorned the tricks of
the lawyer's trade. I have often won
dered at the measure of contempt they
would have felt for a lawyer who would
have stolen a paper, or bid a set of
interrogatories, or bribed a witness or a
juror, or -perjured himself to gain his
case. The influence of a good man
does not die with him-whether he be
a lawyer or a doctor, or a preacher, or
a merchant, or a farmer or a mechanic,
it reaches and affects the rising genera
tion, .and permeates through society,
and leaves its impress upon the com
munity in which he lives. Long time
ago I heard a Rome merchant say
"communities have character just like
individuals. My most reliable trade is
from the Alpine region in Cbattanooga
County. It is honorable with that peo
ple to pay their debts-to perform their
promises. If their crop fails and they
can't do it, they will settle fairly and
pay the ne=t year, and I don't need
any mortpge. Their word is their t
Yb6id. But here is another county not
far away where it Is considered smart
to trick a merchant out of his money.
They hide behind trusts and home
steads and force you to sue and their
lawyers are as mean and tricky as they
are, and it has got to be so that even a
good, honest man from that county can
hardly get credit in Rome."
Now all this comes from contamina
tion. It isjust like any other immoral
influence. I know men who moved
away from a town because the leading
citizens were immoral. They were not
true to their marriage vows, and the
men were afraid to raise their children
there. If acitizen's immoral influence
was confined to his immediate family
it would not matter so much, but it
does not stop there. Bad conduct, bad
habits, bad principles are catching, just
like contagious diseases. The tricks of
one tradesman will be made an excuse
for his nabor to use the same methods.
The villainy of one artful lawyer will
provoke another to meet trick with
trick to gain his case. The responsibility
of the lawyers to the community is
very great-greater even than that of
the preachers, for there are more of
them. I have not been in the Western
circuit since the war, but the presiding
judge told me not long ago that,
although the bar was not as gifted and
brainy as that of half a century ago
yet it had well maintained its high
professional honor and integrity. It
does not take the brain work now to
practice law that it did half a century
ago, when the supreme court was in its
infancy and there were no seventy
volumes of precedents established. It
- took more brain work to establish them
than it does now t.o keep up with them.
I recall with never-failing pleasure the
great arguments of those great men.
How were we charmed with their
learning, their pathos, their humor,
and could hardly blame a jury for
giving their verdict in favor of the
last great speech that was made. Hope
Hull was the greatest lawyer. The
Doughertys were great every way, butt
as an advocate in a case where there(
was a wife or a widow or some orphan (
children, I don't think that Basil H. I
Overby had an equal. I recall the sweet(
melody of his voice as he drew nearer t
and nearer to the jury, and with teary I
eyes and quivering lips he almost 2
whispered his tender pleadings in their
ears.
There is one great advocate still left
~~e region-AugustusI
R. Wright is very se like Overby in
his peculiar gifts. To~ional to
ever be a great lawyer, he wa reby <
the greater advocate. Not long ago I 1
looked at him and pondered. There he
sat in the courtroom, his battle ground
for forty years-the field of his many
victories-victories of mind over human
passions-his eyes still pleasing and
penetrating in~ their glance, his clear
cut features, his abundant hair falling
gracefully and half concealing an in
tellectual brow, his heavy overhanging
eyebrows and patriarebal beard andi
I wondered how much of life he had
lived, how much more than most of us,1
even if he had died twenty years ago.
He too, wanted the right side of a
pathetic em". If it was thie wrong side
from a legal standpoint he did not care.
his victory wasgreater if the court and
the law were against him. He was a
giant before a jury and moulded theni
to his will. He sued the Rome railroad
for $20,000 damages for injuries done
Colonel James Waddell. There was
no light at the depot when the train
arrived one dark night, and the colonel
stepped off the platform and injured
his spine by the fall. He lingered for
some weeks, and got well enough to go
about with crutches, and offered to
settle with the road for $75, the amount
of his doctor's bill. The road declined
to pay it, and Judge Wright was em
ployed. Colonel Waddell got worse.
His spinal troubles seemed to affect his
mind, and the judge raised his demand
from $20,000 to $40,000, and everybody
smiled. The railroad had John P. King,
of Augusta, a great lawyer, and many
other lawyers for the defense, but
Judge Wright had the conclusion, and
I can never forget his picture of a live
man dead-of the wreck of a life-of
the swift and pitiful descent of a great
mind from all its brilliant prospects
down to the gloom of despair and semi
idiocy. De Quincy never wrote like he
spoke. He, too, got down to the very
whispering of eloquence and everybody
was in tears. It was dangerous for
even the opposing counsel to listen to
him. I knew well that Jim Waddell
was in no such extreme condition, for I
was his companion and friend, and yet
I was completely overcome and wept
like a child. The jury found for the
plaintiff $35,000, and they did it quickly
and the judge was so ashamed of the
verdict that he settled it that night for
half the amount.
Ben Hill was a great lawyer and a
greater advocate. An old man had died
in our county:leaving a considerable
estate, but it was embarrassed by mortg
mges, and if these were paid his widow
would be peuniless. She had been
raised in affluence and was a refined,
:ultured woman, but her second hus
rand proved to be a miserly, selfish
ruan, and he put her in a log cabin
laubed with mud and kept her there,
aotwithstanding a good portion of the
property came by her. When she
Lpplied for a year's support five good
nen gave her $10,000. Dr. Miller was
ne of those men. They desired to make
;mends to the old lady for her long
;uffering, and yet the law said they
;hould take into consideration her ac
,ustomed manner of life and the condi
;ion of the estate as to its indebtedness.
Ben Hill represented a creditor with a
nortgage of $8,000. If the award to
he widow wasto stand his client would
et nothing, and so be came to 'ome
mnd made a vigorous' assault upon it.
Tbe law was clearly with him, and so
was the court. For many years the
widow had lived on less than $100. I
aever saw a lawyer more confident of
ais case than was Ben Hill. He was
willing to allow the widow $3,000 but no
more. Judge Wright was her counsel.
Ele half closed his eyes and seemed
salm and serene while Hill was reading
the law and laying his firm founda
bions. It was agreed between them
abat the;jury should fix the amount
and their verdict should be final. Judge
Wright had another life wreck to pic
bare and this time a woman. Such an
appeal was never heard in that court
room and although there were only
$10,000in the ad ministrator's hands that
jury increased the award to $12,500,
and Ben Hill went home a sadder and
m wiser muan. I recall many cases of this
kind and have almost trembled to thin k
what Judge Wright could do with the
populace in revolutionary times. But
>ld father time has mellowed him
lown. With his four score years nearly
recomplished he has ceased to court
he brainy struggles of the forum. He
oves his home and his personal com
ort more thau ever. He enjoys the
>ompanionship of his family and his
riends, but he is alone in his glory. All
11s professional cotemporaries are
~athered to .heir fathers. How sad it
s to us all to know that ours must go.
)ne by one they fall like leaves in
vintry weather. Two of mine have
gone recently-two of my classmates,
Lnd but six are left; six out of forty, and
ret I am not old. No, I do not feel old,
)ut they say that I am; and they call
ne the "old man." Kind readers, do
lot pity me. It is all right, and I am
|ontent. BILL ARP.
His First Pardon.
[Charleston World.]
CoLtnMeA, February 25.-Governor
liilman exercised his power of execu
ive clemency to-day for the first time.
)n the recommendation of the board
f penitentiary directors, he has comn
nuted to date the life sentence of Ellis
soleman, of Edgefield. Coleman was
ried before Judge A. P. Aldrich in
ST for burglary and larceny. The law
.t that time prescribed life imprison
nent for that offense. The penalty
vas subsequently changed to imprison
nent for a shorter period.
AvomD APPE.ARANCES.-A Worthy
entleman, having an unusually red
ose, was long suspected of being a tip
~ler on the sly, by those not well ac
uninted with his strictly temperate
Labits. His unfortunate disfigurement
as readily cured by the use of Ayer's
arsaparilla.
- Capt. J. D. Johnston.
2To all Whom it may concern: I take
neat pleasure in teftifying to the effica
ious qlualities of the popular remedy
on eruptions of the skin, known as P.
. P. 1 suffered for several years with
n unsightly and disagreeable eruption
un my face and tried various remedies
o remove it, none of which accomp
ished the object until this valuable
>reparat ion was resorted to. After
aking three bottles in accordance with
irections I am now entirely cured.
J. D). JOHNSTON,
Of the firm of Johnston & Doudloss,
TO GOVERN THE PHOSPHATE MINES.
The Circular, Rules and Regulations Adop
ed Yesterday-An Important Meeting of
the Phosphate Commission-The Im
portant Regulations SystematLed.
[The State, February 25.]
The opening of the navigable streams
of the State for phosphate mining takes
place under very stringent rules and
regulations governing the operation of
the mines. The State board of Phos
phate Commissioners, after holding a
conference at the Governor's mansion
Tuesday night, met in the Governoi's
office yesterday and took definite
tion on matters which are of vital in
terest to the whole State. All the
members of the Board were present
except Mr. Walters, of Charleston.
The board held a long session until
after 3 o'clock. In the afternoon, a
second session was held and the pro
ceedings are covered by the follow'ug
papers given to the press:
THE C.BCULAR LETTER.
Here is an exact copy of the circular
letter issued by the board:
BOAnD PHOS.HAIE COMISS ONERS,
STA'E OF SOrUCH CAnOLI.NA,
COLUMBTA, Feb. 24, 1891.
By instructions of the Board of Phos
phate Commissioners, I beg leave to
call the attention of all persons inter.
ested to the following:
1- That any or all exclusive rights to
mine phosphate rock from the beds of
navigable streams of this State and in
the marshes thereof shall and will cease
after first day of March, 1891.
2. By the 70th Section of General
Statutes of this State, "The said license
shall be for a term of one year, remand
able at the pleasure of the Board of
Phosphate Commissioners."
The Board of Phosphate Commis
sioners will meet in Beaufort, S. C., on
the second day of March, A. D. 1891,
for the purpose of considering applica
tions for license to mine phosphates
from the beds of the navigable streams
of the State and the marshes thereof.
If any one desires to mine the same,
the application must be submitted to
the said board.
3. All applications must state the
name and address of the applicant, the
territory for which he desires the li
cense the character of the plant to be
used in mining, viz: steam dredges or
hand appliances,-such as tongs, etc.
The applicant must present the bond
required by Section 68 of the General
Statutes of this State, viz: "As a con
dition attendant to sthe right to dig,
mine and remove the said rock and
deposits hereby granted, each person
or company shall enter into bond, with
security in the penal sum of $5,000, con
ditioned for the making of true and
faithful returns to the Comptroller Gen
eral of the number of tons of phosphate
rock and phosphatic deposits so dug
and mined at the en d of every month,
and the punctual payment to the State
Treasurer of the royalty hereinbefore
provided at the end of every quarter or
three months as aforesaid, which bond
and sureties therein shall be subject to
the approval now required for the
bonds of the State officers." After the
second day of March, 1891, applications
for license will be considered at Colum
bia. S. C.
4. That as a condition precedent to
the granting of such license to mine in
the Coosaw River territory and to re
move phosphate rocks and phosphatic
deposits therefrom, the Board of Phos
phate Commissioners will require every
applIcant for rock license to include in
the bond execu ted by him as herein
before recited, an agreement that he
will so dig and mine under this license
as aforesaid as the agent of the State of
South Carolona, and that each ton of
phosphate-rock or phosphatic deposit,
the product of such mining operations,
shall be deemed the property of the
State until the party who shall receive
a license shall have paid thereon a roy
alty to be fixed by said Commission, at
not exceeding $2 per ton on each ton
of phosphate rock or phosphatic deposit
dug, mined and removed, provided six
mouths notice shall be given before
raising royalty above one dollar.
5. Enclosed please find bond in prop
er form, which must be erecuted by
the applicant and at least two sureties,
who must each take the oath printed
on the bond, before some officer author
iz.ed to administer oaths.
6. The bond must in all cases accom
r'any the Bpplication or the latter will
not be considered.
7. All applications and bonds must
be filed with Attorney General Y. J.
Pope or the Secretary of the Board.
8. It shall be as a condition prece
dent to the granting of a license to dig,
mine or remove phosphate rock or
phosphatic deposits, that any person,
corporator, company or firm applying
for such license shall subscribe to the
rules and regulations adopted by this
board on the 24th day of February,
A. D. 1891, and shall bind himself or
themselves faithfully to observe, obey
and comply with the same, and sub-1
mit to the penalty and forfeitures there
in prescribed, whenever the same or
any of them be by him or by them vio
lated.
Done by order of the Board.
B. R. TLLLMAN,
Chairman of the Board.
THE INSPECTOR'S RECOMMENDATIoNS. 1
Below are given brief extracts from<
the letter of Inspector Jones to the
Governor, presenting the rules and<
regulations:
It was referred to me to draft a set of 1
rules and regulations to enable the t
Phosphate Inspector to discharge the
duties devolving upon him in the in
spection of the phosphate_ and
to report the accompanying fiftee i'
and regulations, and respectfully
mit them to the consideration of your
board for their adoption, modification
or rejection.
I have endeavored to embrace within
the scope of the proposed rules and reg
ulations all that appears to me to be
necessary to enable the Phosphate Io
spector to discharge his duties effi
ciently.
I take the liberty of submitting to
the consideration of the board the fol
lowing matters arisingoutof my exam
ination of the Statutes that refer to the
phosphate royalty. He continues as
follows, in brief :
First. With the single exception of
the power to suspend the phosphate
license in a given case. The Statutes as
such do not empower the board to en
force these rules and regulations by
any fines or penalties.
Second. This recommends that the
rules be made a part of the license con
tract on a condition of the granting of
the license. It would bind the licenses
as if they were acting under a system
of statutory fines and penalties.
Third. The number of Statutes refer
ring to phosphate royalty which have
been enacted since 1870 is large, ap
pearing under different titles in difTer
ent volumes, and all of them, with the
exception of the Act of 1890, have been
more or less modified and parts re
pealed. It is recommended that a bill
be prepared for passage at the next
session, repealing all preceding Phos
phate Statutes, and combining the law
necessary, conferring upon the Phos
phate Commission the power to estab
lish rules which can be enforced by
fines and forfeitures.
Fourth. He called attention to rule
five of the proposed rules. The blank
bond appended to this report limits the
penal sum to $5,000, and makes the
first quarter commence on the 1st of
January. He referred to the lack of
any reference to this in the General
Statutes. He recommends the mini
mum penal sum be $5,000 and the max
imum $50,000.
THE RULES AND EEGULATIONS.
Below is given brief synopses of the
ifteen rules and regulations submitted
by Phosphate Inspector Jones. They
shall be observed and complied with
by the board to mine phosphates.
'hey are to take effect from and after
the second of March, 1891:
Rule 1 forbids all persons, corpora
bions and companies or firms holding
licenses to mine rocks in the navigable
streams and marshes of the State to
>ublet said licenses, under the penalty
Df suspensions of the llceltses.
Rule 2 refuses licenses to persons or
-ompanies now engaged in mining or
intending to engage j'e mining of
land rock.
Rule 3 requires the companies apply
ing for licenses to designatethe streams,
or portion the-eof, in which they pro
pose to mine, and forbids their chang
ing their location without a permit
from the Board of Inspectors.
Rule 4 forbids the companies hold
ing licenses, to traffic or barter in phos
phate rock other than that mined by
themselves,while hol.ding such licenses,
under forfeiture of two dollars per ton
for all rock bought and sold and bar
tered in violation of this rule, without
the permission of the Phosphate In
spector.
Rule 5. The phosphate royalty re
quired shall be paid every quarter, dat
ing from the first day of January, 1.891;
provided, that when the royalty un
paid shall amount to four-fifths of the
sum secured by bond, it must be paid
at once. The penalty will be the sus
pension of the business.
Rule 6. Each fiat engaged in run
ning or conveying phosphate rock shall
be conspicuously marked and num
bered. This also applies to dredges and
lighters. The penalty for violation shall
be as follows: Each dredge, $100; each
lighter, $50; each fiat, $20.
Rule 7. Each captain of a dredge,
lighter or flat must be furnished with
a certificate of employment, giving
details concerning the company. This
certificate must bear the countersigned
signature of the phosphate inspector.
Rule 8. All companies must make
monthly reports of the number of
dredges, etc., used by them in running,,
giving the captains, etc. These reports
must be submitted the first week of
each month.
Rule 9. The captain of these dredges
must furnish the Inspector any infor
mation when he asks it.
Rule 10. Companies are forbidden to
uise other dredges, etc., than their own,
arnder penalties as follows: Dredges
2100, lighters $50, flats $20.
Rule 1(. Companies cannot mine
within 100 yards of where anotber is
mining. The Inspector can decide all
hese disputes, though an appeal may
:e taken to the commission in five days.
L'wo dollars per ton is the penalty for
violation of this rule.
Rule 12. All companies must employ
weigher to weigh the rock before it is
ient to the market. This weigher shall
snter up in a book all weights, the
ooks being open at all times to the In
pector. All returns of rock shipped
nust be accompanied by his sworn cer
ificate. The penalty for violation of
his rule is suspension of license.
Rule 13. Companies can not load ves-|
els for foreign or coastwise shipment,
intil they have informed the Inspec
or of the arrival of the vessel and re
eived a permit. The penalty is a for
eiture of the license and the payment
>f a fine of $2 per ton.
Rule 14. Companies cannot ship rock
>y land or water without the Inspec
or's permit, under the same forfeiture
s above.
Rule 15 requires these rules to be
sept in a conspicuous place, and copies
pust be kept by captains of vessels.
It shall be a condition n,-ecedent to
the granting of a license to dig, mine
or remove phosphate rock or phosphat
ic deposits, that the companies apply
ing for such license shall subscribe to
theioregoing rules and regulations,and
shall bind themselves faithfully to ob
serve every rule and comply with the
same,and submit to the penalties there
,n prescribed, whenever the same or
any of them shall by him or them be
violated.
By order of the Board of Phosphate
Commission.
B. R. T' LLMA N,
Governor and Chairman of the Phos
phate Commission.
THE COMrJANY REPi ESENTATiVES.
A large number of the representa
tives of the most influential companies
in the State appeared before the board.
Mr. Wilson, representing the Sea Is
land Chemical Company, appeared on
behalf of these representatives and was
heard by the board on various matters.
He thanked the board for its kind at
tention in permitting the representa
tives to make suggestions. Governor
Tillman, in reply, expressed his pleas
ure at meeting them.
SENATOR MORGAN'S TONGUE.
How it was Counted Upon to Save the
Country If Need be.
[Chicago Tribune.]
The Republicans in the Senate have
one consolation in the defeat of the
election bill, and that is in knowing
what they have escaped at the hands
of the Democrats. Senator Morgan is
one of the most tireless and endless
talkers ever known in public life. He
can talk upon any subject. He never
hesitates for a word, and apparently
never sees the end of his discourse. He
talks with an easy flow and a mono
tony of accent which would drive any
one to sleep if obliged to listen. He
never has the slightest vivacity of
manner, nor does he even express any
feeling. He is a man of wide accom
plishments and great reading. His
mind is a store-house of vast learning.
His speeches all read well. His Eng
lish is clean, and the facts which he
gives in support of his arguments trust
worthy. Yet there is no- one in the
Senate who has been able to follow Mr.
Morgan and listen to one of his speeches
from beginning to end without display
ing a most heroic will and iron resolu
tion. He is nearly always in his seat in
the Senate. He watches the debates
closely. He takes notes of nearly every
speech "deliver'ed on the Republican
side. He rises readily to every point of
controversy and drones interminably
his carefully delivered replies. He
never has shown any signs of fatigue
even during the all night sessions.
Whenever he rises to speak the Repub
licans fly to the cloak-rooms. Some of
his fellow Democrats who respect and
ad mire his abilities remain to keep him
company, and they are relieved by
other Democrats from time to time.
No one has ever dreamed of trying to
shut off' Mr. Morgan. It is a question
whether any cloture resolution could
be devised which could dam up the re
sistless flow of his oratory. It now ap
pears that the Democrats have been
holding Mr. Morgan in reserve. He
was not very prominent in the election
bill debate. I do not think that he
could have spoken more than a week
during this discussion. This unusual
moderation on his part has awakened
suspicion. Suspicion has stiriulated
investigation, and investigation has
developed the Democratic plot. In a
word, it was this: If the Republicans
had carried through their project of
seeking to sit out the election bill then
the Democrats would all, after having
made a final brief protest, left the
whole affair in the hands of Senator
Morgan. He would then have begun
a speech which would have continued
without break until the 4th of March.
All of his Democratic associates say
that Mr. Morgan would have been
more than equal to the occasion. At
any rate, they were perfectly willing
to leave him in the breach to maintain
the integrity of the perfect freedom of
the senatorial debates anid to oppose
alone with his iron jaw the so-called
revolutionary proceedings of the Repub
licans.
Beautifying the Grounds.
[News and Courier.]
Talking about pure msthetics, there
is a great deal of excellent work being
done in the garden of the capitol. The
striped convicts are there at work and
are putting the grass plots, lawns and
flower beds in splendid trim. Secretary
of State Tindal is keeping up the good
record made by Ex-Seretary J. Q. Mar
shall. The present work is provided
for by Secretary Tindal, and is being
supervised by Mrs. and Miss Tindal. A
fine border of euonymus has been
planted along the north side of the
gardens, and the beds near the State
House are being planted in pansies,
verbena, daisies, etc.
At the grounds of the Executive
Mansion Mrs. Tillman is aiso making
general improvements. The flower
garden is being rearranged, new plants,
etc., have been ordered and the lawn is
to .be laid off and put in shape for
spring season.
No Particulars for Mrs. Jones.
[From the Rusk County News.]
Sam Jones, after his little episode at
Palestine, sent the following dispatch
to his wife:
"DEA R WIFE: I licked the Mavor of
Palestine this miorning; will preach in
Taylor to-night.
"SA M P. JONEs."
A fact that all men with gray and
many shaded whiskers should know,
that Buckingham's Dye always colors
an even brown or black at will.
THE THREE C'S RECEIVERSHIP.
Three Candidates for the Position-Cham
berlain Likely to be Appointed.
[Special to the Register.]
HA Ar.ESTO , Feb. 24.-Judge Bond
in the United States Court to-day heard
argument on the motion for the ap
pointment of a permanen. receiver of
the Charleston, Cincinnati and Chicago
Pailroad under the suit brought by the
Finance Company of Pennsylvania.
Three candidates for the receivership
were presented by the various 'parties
interested. Samuel Lord, the tempo
rary receiver, D. H. Chamberlain, the
receiver of the South Carolina Railway,
and C. H. Dickinson of New York. No
appointment has yet been made. The
general opinion here is that Chamber
lain will get the appointment, as it is
said that his application is endorsed by
a majority of the parties in interest.
The report of Receiver Lord, who
has had charge of the road f-om De
cember 11, 1890, to the present time,
shows the following figures: Receipts,
$51,677; disbursements, $46,636; cash on
hand, $5,991. The gross earnings dur
iog that Oime were $23,000, and the op
erating expenses $25,000; deficit $2,000.
Newman Erb of Boston, represent
ing about $3,000,000 of the first mort
gage bonds, asks for Chamberlain's ap
pointment as receiver. J. V. Nathans
of Charleston, representing the first
mortgage bondholders, asked for the
appointment of Samuel Lord. H. A.
M. Smith, representing $500,00 of the
bondholders, nominated H. P. Dickin
son of New York.
During the discussion the township
bond question came up again. Ira B.
Jones, in behalf of Cane Creek town
ship, Lancaster, entered a suit against
the $19,000 subscription voted to the
Three C's Road on the ground that it
was unconstitutional, being in e,cess of
the 8 per cent. assessed value of the
tasable property in the township.
The Court took the papers. The deci
s:on as to the receivership is eopected
to-morrow.
CRAMSEE2A-N A7!'OilTED-TOWN
SH [PS M UST PAY;
[Special to Greenville News.1
CRAR .E.Tos, S. C., Feb. 25.-In the
United States court to-day judgment
was rendered in favor of P. P. Dicker
sou, of New York, for $6,772 against
York township, in York County. The
suit was brought to force payment of
coupon bonds issued in aid of the Three
C's rail road.
No decision has yet been made as to
the rece:versh'p of the road. The real
contest is t" 'tween Chamberlain, who
is backed by three millions, and Lord,
who has $3,700,000 behind him, a ma
jority of outstanding first mortgage
bonds. The Chamberlain people claim
that the Soutir Carolina Railway can
run the Three C's road much cheaper
than any one else.
CHAM23ER1LAIN CE.S TRHE PL.U3I.
CE ARL ESTos, Feb. 25.-D. H. Cham
berlain was to-night appointed receiver
of the Charleston, Cincinnati and Chi
cago railroad, South Carolina division.
I N FU ~.L CH ARG E.
[Special to Greenville News.)
CHA R ..ESPON, Feb. 26.-The official
order appointing D. H. Chamberlain
receiver of the Three C's road was filed
in the United States court to-day.
Under this order Mr. Chamberlain has'
con trol of the road in this State, North
Carolina and Virginia.
THE ALLIANCE BANK.
An Important Meeting of the Directors
Fixed ror March 1ath.
[Special to News and Courier.]
CoLUM3tA. February 19.-At the last
meeting of the directors of the Alliance
Bank here it was determined to take
such steps as would secure the transfer
of the exchange funds into the Alliance
Bank. It was determined to issue a
circular to the County Alliances on the
subject, and it is evident from the pro
posed action of the Kershaw Alliance
that the circular has gone forth.
The funds, it is claimed, can be traus
ferred by a vote of the Alliances, and
it is not held that the charter of the
E:xchange will affect such transfer. It
is also claimed that the vote by counties
will not affect the ultimate result, in
asmnuch as several of the counties own
more shares than a good many other
counties in the aggregate. In other
words, that the matter is to be settled
on the-basis of a stock vote.
Tfhe votes of the til.ances will be all
in by March J8, when the next meet
ing of the trustee stockholders will be
held in Columbia. At this meeting it
is expected that the objections and
objectors to the bank enterprise will be
eliminated by the men who own the
money held in trust by theExhne
The News and Courier was requested
to withhold this information about a
week ago, but as it can now no longer
be retained it is given.
The meeting next time will probably
be not so interesting Personally as the
last one, as the vote w iI settle matte-s
summarily. The verbal defects in the
charter for the Alliance bank will also
be made to conform to the law.
You cannot accomplish any work or
business unless you feel well. If you
feel used uo-tired out-take Dr. J. H.
McLean's M.-sapariIIa. It will give you
health, strength and vitality.
Eczema, scalp covered with eru ptions
doctors proven valueless. P. P. P. was,
triedl and the hair began to grow again,
not a pimple can be seen, and P. P. P.
again proved itself a wonderful skin
eure.
For rheumatic and neuralgic pains
bring Dr. J. H. McLean's Volcanic
Dil Lininre -t and take Dr. J. H. Mc
Lean's Sarsaparilla. You will not suffer
lon, will be gained with a speedy and
effective cure.
'TO SECURE JUST VALUATIONS."
An Important Circnlor from the Comp
troller General.
Comptroller General Ellerbe has is
sued a circular to County Auditors call
ing their attention to their duties under
the law in order to "secure a just valu
ation for taxation of all the property,
real personal and possessory in the
State."
The Comptroller General says that it
is not believed that a uniform and
equal assessment of all of the property
in the State exists and urges Auditors
to carefully examine the laws govern
ing them in this respect, and adds that
where they are in doubt they must con
sult his office and the proper construc
tion of the law will be obtained from
the Attorney General.
He says further that Auditors are
largely responsible for inequalities of
assessments, as they create the town
ship board of assessors, who, in turn,
create the County Boards and State
Boards. Legislatures and not Auditors
are responsible for any inequalities in
the operations of the law, and all that
Auditors have to do is to administer
the law as they find it.
The Comptroller General directs the
especial attention of Auditors to the
taxation of unincorporated banks and
bankers, and says that under this head
are included all money lenders, note
shavers, brokers, &c., and even the
farmer who keeps a place of business
and carries on any of the avocations
classified in Section 206 of the General
Statutes would come under its require
ments in making returns for ta_ation.
Manufacturers of various kinds are
to be taxed on all real estate and ma
chinery of every description. The
shares are not taxable, but the increased
valuation of the taxable property of
these corporations should keep pace
with the advance in the market value
of shares.
The circular says further that there
are intimations that certain organiza
tions are doing business in the Sta+e
for profit who have failed to return any.
property for taxation, and directs Au
ditors in such cases to follow out strict
ly the requirements of Section 215 of
the General Statutes on this head, and
adds also that if any real estate is found
to have escaped taxation for one or
more years it should be treated as aban
doned lands and reported to the Sink
ing Fund Commission.
The circular concludes as follows:
"There is no law for valuing a hun
dred dollar mule at forty or sixty dol
lars. The idea which seems to prevail
in parts of the State that all property
for taxation should not be assessed at
above 66l per cent. of its real value is
erroneous, and in direct conflict with
the law. 'All property shall be valued
for taxation at its true value in money.'
(See Section 219). 'A piece of property
is worth what it will bring on the mar
ket'; and if a mule is worth one hun
dred dollars it should be assessed at
one hundred dollars-no more, no less.
Every piece of taxable property from
the sore-back mule on the farm to the
gilt shares of the wealthiest bank in
the State must he valued at their 'true
value in money' for taxation. A large
percentage of the poll tax in many
counties is not paid. Auditors can
remedy this largely through the help
of township Boards of A&essors, and
we must insist upon the collection of
all poll tar.
"Pledging his hearty co-operation,
the Comptroller General, relying upon
the fidelity to duty and a zealous dis
charge of that duty under the law by
the Auditors of the State, and the co
operation of public officials and all
good citizens, believes that many of
the existing inequalities in taxation
can be overcome and remedied."
Johnston af"Shermnan's Bier.
(From the New York Recorder.)
The most significant incident in yes
terday's funeral pageant was the pres
ence of Joseph E. Johnston as a pall
bearer.
Nothing could more strikingly typify
the blessing of a recemented union than
the attendance as a principal mourner
of the commander of the last army
against which GeneralSherman fought.
It is the South's tribute to the man
who, radical in war methods, was most
generous in his proposals for terms of
peace when the fate of the contest was
dee'ded.
:It is as in evidence of the perfect per
formance of that great task for liberty,
civilization and humanity that the
figure of Johnst on at the bier of Sher
man-challenges admiring attention. It
is a token of the perpetuity of the
union of all the peoples and races con
stituting the greatest and freest of all
the nations of the earth.
Heavy Verdict Against a Railroad.
ThR3TNG;HA3f, Ala, Feb. 20.-In the
case of R. E. Sanders against the Kan
sas City, Memphis and Birmingham
Railroad at Jasper, Walker County,
the jury to-day gave a verdict for the
plaiotiff of $44,i00. It was the largest
verdict for damages ever given in the
State. Sanders was killed in a collision
last October on the outskirts of Bir
mingham, when a large number of
others were killed and wounded. He
lived in Walker County.
If you have apainful sense or ratigue,
find your duties irksome, take Dr. J.
FI. McLean's Sarsaparilla. It will
brace you up, make you strong and
Ifyusfe from any affection
:aused by impure blood, sueh as scrof
ala, salt rheum, sores, boils, Dimples,
:etter, ringworns, take -Dr. J. -.H. Me
Lean's Sarsaparilla.
BACKWOODS ENGLJSiI.
It Should be P reserved- T oo . E xpre ~b"I., %
to be Lost.
[Greenville News.}
The New York Tribune, we beiieve
it is, is much delighted by Sam Jon.es
description of the mayor of Palestine
who assaulted but failed to batter hln,
as a "one gallus" individual. "One
gallus" as a descriptive adjective is, the
Tribune says, a revelation, an inspira
tion and a poem.
Our contemporary is right. Nobody~
knows who invented "one gallds' but_
it has lived and endured through al
the mountain regions of the Sout,
and Is used with absolute gravity as
expressing a - certain kind of man-a
shiftless, lopsided, loafing person who
doesn't take any interest in himself
whose wife even takes no interest in
him and is entirely satisfied with the
set of his breeches so long as they hang
to him. The sailor, who is often one
of the quickest.and most graceful -of
the human kind, wears no gallnses at
all, but the gymnastics of his daily
life make him supple and thin in .the
waist and solid in the hips and;his'F
clothes hang on to him to the last
even when both legs are full of sal
water. The "one gallus" is - usually
precisely the same size all the. way
down-without form and void-and
has no hinge in his back bone or fle
bility at the waist. When he w nts
anything on the ground he gets toit by'
bending his legs and sitting down for
it, like a giraffe.
The back woods are full of home
spun English which is English-ner
vous, direct and strong. The people
a few years back knew comparatively
few words but those they knew were
Saxon and were combined and applied
to be of wonderful use and power.
Then there is an occasional invented
word-such as "rucus." Nobody
knows where "rucus" came from or
how it got here, but when it has onee
been heard we can never think of any
other word as properly describing a
general, confused, scrambling fight
with half a dozen or more combatants
-which is what "rucus" means.
Then there is the verb "to mix"-we
mixed, ye or you mixed, he, they or
them mixed, we have mixed, -we
might, could would or should have
mixed. . "Then them two mixed" says
the witness on the stand, and court,
jury, attorneys and audience know on
the significance of th f r
that the defendant and prosecutorsim
ultaneously got together with rapid
exchanges of kicks, cuffs, bites and.
gouges, An entire chapter of Carlyle
could not tell more or present the scene
to the imagination more vividly.
The school master and the preacher
are invading the last strongholds of
home made, provincial English in this
country. The people are becomiang
more prosperous, or getting miore
money, rather ; whether the process is
real prosperity is open. for discussion.
They are looking, through the news
papers and occasional excursions, into -
the big, busy world beyond .tbeir
familiar hills and mountain barrier-s
They are sending their son and daugh
ters to schools and colleges and the
strong, homely, native words, expres
sions and Idoms are being banished byv
the more correct an .1 elegant Englishi
of the b'ooks and students. One secret
of Sam Jones' success is that lhe stick~s
to the home dialect. It is pleasant and '
full of meaning to the people familia
with it and--as the Tribune says-an
inspiration and a delight to thbe people
to whom it is new. When he says~ a
thing or a doctrine has been "wornt
a frazzle," everybody knows what he~
is talking about, and we would likeo
know if there is any stronger or plain er
combination of words to tell the mr-rn
ing.
We wish before the march of im- -
provement has banished backwoods
English somebody would prep~area
glossary of it for preservation. Mt.en
oLit is entirely too good to be ik,s
"Befsy Hamilton," who used to wrhe
for the Atlanta Constiation kne
and used it more correctly than ay
body else we know of who is capae e of
telling of it properly.
Death of a Glantess at the Age or. iin
LFromn the Globe-Demiocrat.]
MAcos, Ga., Feb. 15.-News has~ j.t
reached here of the death in Ocone
County, of Georgia's oldest in babitan
Her name was Mrs. Bradshaw, and i
age 112 years. Mrs. Bradsh~awws
hale and hearty, and gave p)r(JnLne or
living several years longer, but ae
cer caused her death. Shje was
prodigy of strength and enidurance
She had an immense family cee
tion, having grandchildren 72 ye: r.
old. When she was to be buriedl
special coffin 7? feet long had to e
made.
Royalty Judgmnent Collected.
[Charleston World.)
COLVnIIA, Feb. 23.-Attorneyv G
eral Pope has returned from iseen
where he went on business fr
State in relation to the judgmnt o -z
tained against S. W. Scheper andi .
F Hutching, who were the surelia -
the bond of Seward & Co., to secure
payment of royalty on phiospha:te' re.:
mined by the latter. Ex-Attorney
General Earle procuredl a judgme~nt n
$5,000 Irom the circuit court. A n a"
peal was&nade and the supremie couJrt
affirmed the judgment of the eir;:i
court- Gen. Pope has colleted
amount of the judg'ment for the.itr
For weak bsek, chest pains, 'eiDr
J. H. McLean's Wonderful Ecal"
Plaster (porous.)