The Newberry herald and news. (Newberry, S.C.) 1884-1903, March 05, 1891, Image 1
ESTALSHED 16 NEWBERRY, S. C., THURSDAY, MARCH 5, 1891. P1.50A YEAR
THE OLD LAWYERS.
They Were Advocates, not Attorneys--The
Put Their Beart., into Their Clients'
Causes, Making Them
'Their Own.
[From the Atlanta Constitution.]
It is a blessed privilege to a youn
man to be constantly associated wit
his seniors, especially if they be greE
men and good men. It is the mo!
effectual and delightful education the
he can get. Books are a good thin,
but it is better to be in daily commur
ion with men who have read an
studied the books, and sifted from thel
all the good that is In them. I we
ruminating about the notable men
the olden time-the men to whom
looked up to with love and admiratior
They are all gone, but they left thei
impress upon the age in which the
lived and upon me. The bad is mingle
with the good in everything, and it we
sad to me to see these great men pa!
away. One by one they fell before tb
scythe of the reaper, and I am left aloni
Some of my youthful companions al
left me, but the men I reverenced ai
gone. How swiftly and surely the
go. I was thinking about the gres
lawyers of the Western circuit. Abot
Howell Cobb and his brother Tom, an
the two Doughertys, and Hope Hul
and Junius Hilyer, and Basil H. Ovei
by, and Judge Jackson, and Josep
Henry Lumpkin, and Judge H,:tchin
and Cincinnatus Peeples. What
glorious galaxy of learned and brilliar
men-honorable mea-men who fougl
a fair fight, and scorned the tricks <
the lawyer's trade. I have often wor
dered at the measure of contempt the
would have felt, for a lawyer who woul
have stolen a paper, or bid a set <
interrogatories,.or bribed a witness or
juror, or perjured himself to gain hl
case. The influence of a good ma
does not die with him-whether he L
a lawyer or a doctor, or a preacher,
a merchant, or a farmer or a mechani
it reaches and affects the rising gener:
tion, and permeates through societi
and leaves its impress upon the con
munity in which he lives. Long tim
ago I heard a Rome merchant sa
"communities have character just lik
individuals. My most reliable trade i
from the Alpine region in Cbattanoog
County. It is honorable with that pe<
ple, to pay theirdebts-to perform the!
promises. If their crop fails and the
can't do it, they will settle fairly an
pay the ne:t year, and I don't nee
any mortgage. Their word is thei
bond. But here is another county n(
far away where it is considered smai
to trick a merchant out of his monei
They hide behind trusts and hom
steads and force you to sue and the
lawyers are as mean and tricky as the
are, and it has got to be so that even
good, honest man from that county ca
hardly get credit in Rome."
Now all this comes from contaminm
tion. It isjust like any other imnmor:
influence. I know men who move
away from a town because the leadin
citizens were immoral. They were n<(
true to their marriage vows, and tb
men were afraid to raise their childre
there. If a citizen's immoral influenc
was confined to bis immediate famil
it. would not matter so much, but
does not stop there. Bad conduct, ba
habits, bad principles are catching, ju5
like contagious diseases. The tricksc
one tradesman will be made an excus
for his nabor to use the same method:
The villainy of one artful lawyer wi
provoke another to meet trick wit
trick to gain his case. The responsibilit
of the lawyers to the community
very great--greater even than that<
the preachers, for there are more<
them. I have not been in the Wester
circuit since the war, but the presidin
judge told me not long ago tha1
although the bar was not as gifted an
brainy as that of half a century ag
yet it had well maintained its hig
professional honor and integrity.I
does not take the brain work nowt
practice law that it did half a centur
ago, when the supreme court wa in it
infancy and there were no sevent;
volumes of precedents established. I
took more brain work to establish thera
than it does now to keep up with themr
I recall with never-failing pleasure th
great arguments of those great mer
How were we charmed with thei
learning, their pathos, their humoi
and could hardly blame a jury fo
giving their verdict in favor of th
last great speech that vas made. Hop
Hull was the greatest lawyer. Th
Doughertys were grea; every way, bu
as an advocate in a cs-se where ther
was a wife or a widow or some orphai
children, I don't think that Basil IH
Overby had an equal. I recall the swee
melody of his voice as he drew neare
and nearer to the jury, and with tear;
eyes and quivering lips he almnos
whispered his tender pleadings in thei
ears.
There is one great advocate still lel
us if1 this Cherokee region-.-Augustu
R. Wright is very much like Overby i.
his peculiar gifts. 'Ibo emotional t
ever be a great lawyer, he was thereb;
the greater advocate. Not long ago
looked at him and pordered. There h
sat in the courtroom, bis battle grount
for forty years-the field of his man
victories-victories of niind over humna
passion-b'hs eyes still pleasing an.
penetrai.:.g in their glance, his cleai
cut features, his abundant hair fallin
gracefully and half concealing an ir
tellectual brow, his heavy overhangiu
eyebrows and patriar-hal beard an'
I wondered how mnuc of life he ha,
lived, how much morethan most of us
even if he had died twmuty years agt
He too, wanted the right side of
pathetic en~se. If it wasthe wrong sid
frm a le<a stanpinti ldid not can
m-is victory wasgreater if tbe cou-t and
the law were against him. He was a
Y giant before a jury and moulded them
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
d ployed. Colonel Waddell got worse.
a His spinal troubles seemed to affect his
mind, and the judge raised his demand
from $20,00 to $40,000, and everybody
smiled. The railroad had John P. King,
of Augusta, a great lawyer, and man
r other lawyers for the defense, but
7 Judge Wright had the conclusion, and
d I can never forget his picture of a live
man dead-of the wreck o' a life-of
S the swift and pitiful descent of a great
e mind from all its brilliant prospects
down to the gloom of despair and semi
e idiocy. De Quincy never wrote like he
e spoke. He, too, got down to the very
7 whispering of eloquence and everybody
it was in tears. It was dangerous for
it even the opposing counsel to listen to
d 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
a plaintiff $W5,000, and they did it quickly
and the judge was so ashamed of the
t verdict that he settled it that night for
half the amount.
Ben Hill was a great lawyer and a
Y greater advocate. An old man bad died
d in our county.leaving a considerable
estate, but it was embarrassed by mortg
a ages, and if these were paid his widow
s would be penniless. She had been
0 raised in affluence and was a refined,
e cultured woman, but her second bus
r and proved to be a miserly, selfish
man, and be put her in a log cabin
6 daubed with mud and kept her there,
1 notwithstanding a good portion of the
- property came by her. When she
e applied for a year's support five good
Y men gave her $10,000. Dr. Miller was
e one of those men. They desired to make
s amends to the old lady for her long
suffering, and yet the law said they
- should take into consideration her ac
r customed manner of life and the condi
Y tion of the estate as to its indebtedness.
d Ben Hill represented a creditor with a
d mortgage of $8,000. If the award to
, the widow was to stand his client would
>t get nothing, and so he came to fPome
t and made a vigorous assault upon it.
The law was clearly with him, and so
was the court. For many years the
r widow had lived on less than $100. I
Y never saw a lawyer more confident of
a his case than was Ben Hill. He was
n willing to allow the widow $5>,000 but no
more. Judge Wright was her counsel.
L- He half closed his eyes and seemed
dI calm and serene while Hill was reading
d the law and laying his firm founda
g tions. It was agreed between them
it that the jury should fix the amount
e and their verdict should be final. Judge
n Wright had another life wreck topic
e ture and this time a woman. Such an
Y appeal was never heard in that court
t room and although there were only
d $10,000 in the ad ministrator's hands that
t jury increased the award to $12,500,
f and Ben Hill went home a sadder and
e a wiser man. I recall many cases of this
s. kind and have almost trembled to think
I what Judge Wright could do with the
b populace in revolutionary times. But
Y old father time has mellowed him
s down. With his four score years nearly
f accomplished he has ceased to court
~f the brainy struggles of the forum. He
n loves his home and his personal com
g fort more than ever. He enjoys theI
,cmpanionship of his family and his!
d friends, but he is alone in his glory. All
>his professional cotemporaries are
i gathered to their fathers. How sad it
t is to us all to know that ours must go.
0 One by one they fall like leaves in
y wintry weather. Two of mine have
s gone recently-two of my classmates,
E and but six are left; six out of forty, and
t yet I am not old. No, I do not feel old,
2 but they say that I am; and they call'
.me the "old man." Kind readers, do
e not pity me. It is all right, and I am
.content. BILL ARP.
His First Pardon.
r
a [Charleston World.]
e COU m February 25.-Governor
e Tillman exercised his power of execu
t tive clemency to-day for the first time.
3 On the recommendation of the board
1 of penitentiary directors, he has com
.muted to date the life sentence of Ellis
t Coleman, of Edgefield. Coleman was
r tried before Judge A. P. Aldrich in
18IS7 for burglary and larceny. The law
t at that time prescribed life imprison
r ment for that offense. The penalty
was subsequently changed to imprison
ment for a shorter period.
s Avom A PPEARA NCE.-A WOrthy
Sgentleman, having an unusually re'd
nose, was long suspected of being a tip
pler on the sly, byv those not well ac
quauinted with his strictly temperate
rhabits. His unfortunate disfigurement
was readily cured by the use of Ayer's
Sarsaparilla.
Capt. J. D. Johnston.
I70oall iT7.om if mayl concern: I take
'reat pleasure in teftifying to the effica
eixous qjualities of the popular renmedy
for eruptions of the skin, known as P.
-P. P. I sufered for several years with
..n unsi h ily and disagreeable eruption
o nmy faice and tr'edl various rem:edies
to remlove it, none of which accomp
lished the object until this valuable
preparat ion was resorted to. After
.taking three bottles in accordance with
adirections I am now entirely cured.
J. D. JOH NSTON,
e Of the firm of Johnston & Dourlass,
rO GOVERN THE PHOSPHATE MINES. n
- -: b
rhe Circular, Rules and Regulations Adop2- o
ed Yesterday-An Important Meeting of
the Phosphate Commission- -The Im
portant Regulations SystematLed.
u
[The State, February 25.]
Ln
The opening of the navigable streams
Df the State for phosphate mining takes c
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 P
Tuesday night, met in the Governor's
office yesterday and took definite
Lion on matters which are of vital in- t
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- r
ceedings are covered by the followilg
papers given to the press: t
a
TH-0 CBCPJLAR LETTER.
o
Here is an exact copy of the circular
letter issued by the board: r
BOArD PHOSPHA'i E COM.ISS ONERS, b
STATE OF SoUTH CA.0LI NA,
COLUMI;A, Feb. 24, 1891. e
By instructions of the Board of Phos- e
phate Commissioners, I beg leave to n
call the attention of all persons inter
ested to the following: b
1- That any or all exclusive rights to 81
mine phosphate rock from the beds of
navigable streams of this State and in 1
the marshes thereof shall and will cease
after first day of March, 1891.
2. By the 70th Section of General g
Statutes of this State, "The said license
shall be for a term of one year, remand- g
able at the pleasure of the Board of b
Phosphate Commissioners."
The Board of Phosphate Commis- B
sioners will meet in Beaufort, S. C., on j
the second day of March, A. D. 1891, a
for the purpose of considering applica- E
tions for license to mine phosphates
from the beds of the navigable streams
of the State and the marshes the-of.
If any one desires to mine the same,
the application must be submitted to
the said board.
3. All applications must state the a
name and address of the applicant, the b
territory for which he desires the li- I
cense the character of the plant to be
used in mining, viz: steam dredges or
hand appliances, such as tongs, etc. t
The applicant must present the bond I
required by Section 68 of the General s
Statutes of this State, viz. "As a con- .s
dition attendant to the right to dig, e
mine and remove the said rock and
deposits hereby granted, each person e
or company shall enter into bond, with i
security in the penal sum of $5,000, con- 1
ditioned for the making of true and
faithful returns to the Comptroller Gen- i
eral of the number of tons of phosphate C
rock and phosphatic deposits so dug
and mined at the end 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 t
the approval now required for the
bonds of the State officers." A fter the f
second day of March, 1891, applications ~
for license will be considered at Colum- t
bia. S. C.
4. That as a condition precedent to
the granting of such license to mine in c
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 Ina
the bond executed by him as herein
before recited, an agreement that he
will so dig and mine under this lcense ~
as aforesaid as the agent of the State of
South Carolona, and that each ton of ~
phosphate rock or phosphatic deposit, 1
the product of such mining operations, i
shall be deemed the property of the 1
State until the party who shall receive
a license shall have paid thereon a roy- 1
alty to be fixed by said Commission, at a
not exceeding $2 per ton ocn each tcn ~
of phosphate rock or phosphatic deposit e
dug, mined and removed, provided sixs
months notice shall be given before'
raising royalty above one dollar-.
5. Enclosed please find bond in prop- g
er form, which must be e;ecuted by ~
the applicant and at least two sureties, ,
who must each take the oath printed ~
on the bond, before some officer author
i.ed to administer oaths. I
6. The bond must in all cases accom
rany the application or the latter will
not be considered.
iAll 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
:lent to the granting of a license to dig, r
mine or remove phosphate rock or t
phosphatic deposits, that any person, y
:orporator, company or firm applying j
for such license shall subscribe to the ~
rules and regulations adopted by this
board on the 24th day of February, a
A. D. 1891, and shall bind himself or s
~bems'lves faithfully to observe, obey e
mnd comply with the same, and sub- ~
nit to thbe penalty and forfeitures there- s
.n prescribed, whenever the same or
mny of them be by him or by them vio
ated.t
Done by order of the Board.
B. R. T?tLMAN, s
Chairman of the Board. u
rilE INSPE(-roR'S RECoMMENDATIONS.
Below are given brief extracts from C
:be letter of Inspector Jones to thef
Sov.ernor, presenting the rules and o
It was referred to me to draft a set of b
rules and regulations to enable the tA
Phosph:te Inspector to discharge the a:
luties devolving upon him in the in
ipection of the phosphate royalty, and k
ao report the accompanying fifteen rules T
and rawniatins, and resectfully enh
tt tbem to the consideration of your
oard for their adoption, modification
r rejection.
I have endeavored to embrace within
2e scope of the proposed rules and reg
lations all that appears to me to be
ecessary to enable the Phosphate Jo
pector to discharge his duties effi
iently.
I take the liberty of submitting to
be consideration of the board the fol
)wing matters arising out of my exam
3ation of the Statutes that refer to the
hosphate royalty. He continues as
yllows, in -brief :
First. With the single exception of
be power to suspend the phosphate
cense in a given case. The Statutes as
ach do not empower the board to en
)rce these rules and regulations by
ny fines or penalties.
Second. This recommends that the
ales be made a part of the license con
Lact on a condition of the granting of
be license. It would bind the licenses
s if they were acting under a system
f statutory fines and penalties.
Third. The number of Statutes refer
ng to phosphate royalty which have
een enacted since 1870 is large, ap
earing under different titles in diter
nt volumes, and all of them, with the
xception of the Act of 1890, have been
lore or less modified and parts re
ealed. It is recommended that a bill
e prepared for passage at the next
ssion, repealing all preceding Phos
hate Statutes, and combining the law
ecessary, conferring upon the Phos
hate Commission the power to estab
sh rules which can be enforced by
nes and forfeitures.
Fourth. He called attention to rule
ve of the proposed rules. The blank
ond appended to this report limits the
enal sum to $5,000, and makes the
est quarter commence on the 1st ot
anuary. He referred to the lack of
ny reference to this in the General
tatutes. He recommends the mini
ium penal sum be $5,O00 and the max
num $50,000.
THE RULES AND REGULATIONS.
Below is given brief synopses of the
fteen rules and regulations submitted
y Phosphate Inspector Jones. They
ball be observed and complied with
y the board to mine phosphates.
'hey are to take effect from and after
bue second of Mareb, 1891:
Rule 1 forbids all persons, corpora
ons and companies or firms holding
censes to mine rocks in the navigable
treams and marshes of the State to
ublet said licenses, under the penalty
f suspensions of the licenses.
Rule 2 refuses licenses to persons or
ompanies now engaged in mining or
Atending to engage in the mining of
ind rock.
Rule 3 requires the companies apply
3g for licenses to designatethe streams,
- portion thereof, in which they pro
ose to mine, and forbids their chang
ag their location without a permit
rom the Board of Inspectors.
Rule 4 forbids the companies hold
ng licenses, to traffic or barter in phos
thate rock other than that mined by
hemselves,while holding such licenses,
inder forfeiture of two dollars per ton
:>r all rock bought and sold and bar
ered in violation of this rule, without
he permission of the Phosphate In
pector.
Rule 5. The phosphate royalty re
ruired shall be paid every quarter, dat
oag from the first day of January, 1891;
rovided, that when the royalty un
aid shall amount to four-fifths of the
u.n secured by bond, it must be paid
t once. The penalty will be the sus
ension of the business.
Rule 6. Each fia.t engaged in run
ing or conveying phosphate rock shall
e conspicuously marked and num
'ered. T bis also applies to dredges and
ghters. The penalty for violation shall
e as follows: Each dredge, $100; each
ghter, $50; each flat, $20.
Rule 7. Each captain of a dredge,
ghter or flat must be furnished with
certificate of employment, giving
etails concerning the company. This
ertificate must bear the countersigned
ignature of the phosphate inspector.
Rule 8. All companies must make
aonthly reports of the number of
redges, etc., used by thema in running,
iving the captains, etc. These reports
aust be submitted the first week of
ach month.
Rule 9. The captain of these dredges
aust furnish the Inspector any infor
nation when he asks it.
Rule 10. Companies are forbidden to
se other dredges, etc., than their own,
nder penalties as follows: Dredges
100, lighters $50, flats $20.
Rule 1K. Companies cannot mine
rithin 103 yards of where another is
aining. The Inspector can decide all
bese disputes, though an appeal may
e taken to the commission in five days.
'wo dollars per ton is the penalty for
iolation of this rule.
Rule 12. All companies must employ
weigher to weigh the rock before it is
ant to the market. This weigher shall
rater up in a book all weights, the
ooks being open at all times to the In
pector. All returns of rock shipped
inst be accompanied by his sworn cer
ficate. The penalty for violation of *
21s rule is suspensio)n of license.
Rule 13. Companies cannot load yes
als for foreign or coastwise shipment,
ntil they have informed the Inspec
>r of the arrival of the vessel and re
tived a permit. The penalty is a for
~iture 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
>r's permit, under the same forfeiture'
Sabove.
Rule 1.5 requires these rules to he
ept in a conspicuous place, and copies:
uust be kept by captains of vessels.
he granting of a license to dig, min
>r remove phosphate rock or phosphal
c deposits, that the companies appl3
ng for such license shall subscribe t
.he foregoing rules and regulations,an
;hall bind themselves faithfully to ot
;erve every rule and comply with tb
iame,and submit to the penalties thert
n prescribed, whenever the same c
mny of them shall by him or them l
violated.
By order of the Board of Phosphat
aommission.
B. R. T LLMAN,
3overnor and Chairman of the Pho:
phate Commission.
THE COMPANY r.E?iESENTATivS.
A large number of the representz
ives of the most influential companiE
n the State appeared before the boari
.fr. Wilson, representing the Sea I
and Chemical Company, appeared o
)ehalf of these representatives and w:
3eard by the board on various matter
Ile thanked the board for its kind al
:ention in permitting the represent
.ives to make suggestions. Governc
rillman, in reply, expressed his plea.
ire at meeting them.
SENATOR MORGAN'S TONGUE.
Eow it was Counted Upon to Save tb
Country if Need be.
[Chicago Tribune.]
The Republicans in the Senate hav
>ne consolation in the defeat of th
flection bill, and that is in knowin
what they have escaped at the hand
>f the Democrats. Senator Morgan i
me of the most tireless and endleE
alkers ever known in public life. H
yan talk upon any subject. He nevw
2esitates for a word, and apparent]
3ever sees the end of his discourse. H
:alks with an easy flow and a mon<
;ony of accent which would drive an
yne to sleep if obliged to listen. B
2ever has the slightest vivacity
nanner, nor does he even express an
eeling. He is a man of wide accon
)lishments and great reading. Hi
mind is a store-house of vast learnini
His speeches all read well. iis En
ish is clean, and the facts which b
;ives in support of his arguments trusi
worthy. Yet there is no one in th
3enate who has been able to follow Mi
Morgan and listen to one of his speech(
'rom beginning to end without displa3
ng a most heroic will and iron resolt
ion. He is nearly always in his seat i
,he Senate. He watches the debat
losely. He takes notes of nearly ever
5peech delivered on the Republica
ide. He rises readily to every point <
:ontroversy and drones interminabl
his carefully delivered replies. B
oever has shown any signs of fatigt
ven during the all ntght session
Whenever he rises to speak the Repul
licans fly to the cloak-rooms. Some <
1is fellow Democrats who respect an
admire his abilities remain to keep hiv
company, and they are relieved b
3ther Democrats from time to tim<
No one has ever dreamed of tryingi
shut off Mr. Morgan. It is a quLestic
whether any cloture resolution coul
be devised which could dam up the ri
sistless flow of his oratory. It now a:
pears that the Democrats have bee
bolding Mr. Morgan in reserve. Ei
was not very prominent in the electin
bill debate. I do not think that I
could have spoken more than a wee
luring this discussion. This unusu:
moderation on his part has awakene
suspicion. Suspicion has stivlulate
investigation, and investigation ha
developed tL. Democratic plot. In
word, it was this: If the Rlepublicat
had carried through their project<
seeking to sit out the election bill the
the Democrats would all, after havir
made a final brief "'otest, left i
whole aff'air in the hands of Senat<
Morgan. He would then have begu
a speech which would have continue
without break until the 4th of Marc:
All of his Democratic associates sa
that Mr. Morgan would have beE
more than equal to the occasion. A
any rate, they were perfectly willir
to leave him in the breach to maintai
the integrity of the perfect freedom<
Lhe senatorial debates and to oppo:
alone with his iron jaw the so-calle
revolutionary proceedings of the Repul
licans.
Beautifying the Grounds.
[News and Courier.]
Talking about pure mesthetics, thel
is a great deal of excellent work beir
done in the garden of the capitol. Ti
striped convicts are there at work at
are putting the grass plots, lawns an
flower beds in splendid trim. Secretar
of State Tindal is keeping up the goa
record made by Ex-Seretary J. Q. Ma:
shall. The present work is provide
for by Secretary Tindal, and is beir
supervised by Mrs. aud Miss Tindal..
fine border of euonymus has bee
planted along the north side of ti
gardens, and the beds near the Stal
House are being planted in pansie
verbena, daisies, etc.
At the grounds of the Executis
Mansion Mrs. Tillman is also makir
;eneral improvements. The flow<
~arden is being rearranged, new plant
etc., have been ordered and the lawn
:o be laid off and put in shape f<
prmng season.
No PartIculars for Mrs. Jones.
[From the Rusk County News.]
Sam Jones, after his little episode:
Palestine, sent the following dispate
o0 his wife:
"DEAR WIFE: I licked the Mavor<
Palestine this morning; will preachi
['aylor to-night.
"SA2.r P. .JoEss.
A fact that all men with gray an
nany shaded whiskers should knov
:hat Buckingham's Dye always color
in even brown or bla.r sat will.
e THE THREE C'S RECEIVERSHIP.
Three Candidates ror the Position-Chanm- A
berlain Likely to be Appointed.
d [Special to the Register.]
eHH AI.-_ESTO.v, Feb. 24.-Judge Bond. s1
in the United States Court to-day heard
r argument on the motion for the ap- t.
e pointment f a permanen. receiver of a
the Charleston. Cincinnati and Chicago r(
e railroad under the suit brought by the S
Finance Company of Pennsylvania.
Three candidates for tbe receivership n
were presented by the various part4c e
interested. Samuel Lord, the tempo
rary receiver, D. H. Chamberlain, the t
receiver of the South Carolina Railway, it
and C. H. Dickinson of New York. Nc 1
s appointment has yet been made. The s
- general opinion here is that Chamber- ti
- ain will get the appointment, as it is ti
13 said that hs application is endorsed by
z a majority of the parties in interest. l
3. The report of Receiver Lord, who a
has had charge of the road f.om De- s
cember 11, 1890, to the present time, c
r shows the following 0gures: Rece.pts, I
- $51,677; disbursements, $46,6S6; cash on a
hand, $5,991. The gross earnings dur- ti
iag that ime were $23,000, and the op- A
erating expenses $25,000; deficit $2,000. ti
Newman Erb of Boston, represent
' ing about $3,000,000 of the first mort- e
gage bonds, asks for Chamberlain's ap
pointment as receiver. J. V. Nathans b
e of Charleston, representing the Brst a
e mortgage bondholders, asked for the s
g appointment of Samuel Lord. H. A.
S M. Smith, representing $500,000 of the a
s bondholders, nominated H. P. Dickin- e
S son of New York.
e During the discussi'n the township i
r bond question came up again. Ira B.
y Jones, in behalf of Cane Creek town- t
e ship, Lancaster, enter'ed a suit against c
- the $19,000 subscription voted to the
y Three C's Road on the ground tbat it v
e was unconstitutional, being in e:cess of
)f the 8 per cent. assessed value of the '
y taxable property in the township. 0
. The Court took the papers. The deci
s sion as to the receivership is eapected a
to-morrow.
- CAMSEr.A-N A" iNTED-TOWN
e SH[PS MST PAY. d
t- [Special tc Greenville News.] 13
e CHAR EoTo,;, S. C., Feb. 25.-In the t
r. United States court to-day judgment a
s was rendered in favor of P. P. Dicker- t(
son, of New York, for $6,772 against n
York township, in York County. The d
n suit was brought to force payment cf il
coupon bonds issued in aid of the Three
C'Us rail road.
n No decision has yet been made as to d
the rece'versh'p of the road. The real 12
contest is I-tween Chamberlain, who il
e is backed by three millions, and Lord, f
e who has $3,700,000 behind him, a ma- a
jority of outstanding first mortgage e
. bonds. The Chamberlain people claim t
that the South Carolina Railway can f
run the Three C's road much cheaper (
than any one else. . 1i
CHA33ERLAIN C eS T HEPLU3.
;o CEA R LESTON, Feb. 25.-D. H. Chamn-j
n berlain was to-night appointed receiver
d of the Charleston, Cincinnati and Chi
e- cago railroad, South Carolina division.t
2 N FU .LH AR.G. E.
n [Special to Greenville News.] v
Fe CHa R -sroN, Feb. 26.-The official r
norder appointing D. H. Chamberlain c
recevrof the Three C's road was filed r
kin the United States court to-day. c
Under this order Mr. Chamberlain has 'i
d control of the road in this State, North a
Carolina and Virginia.
a THE ALLIANCE BANK. t
sC
af An Important Meeting of the Directors
nFixed for March 13th.
C
e [Special to News and Courier.] t
>r COLUM .A, February 19.-At the last
n meeting of the directors of the A llianceC
d Bank here it was determiined to take
2. such steps as would secure the transfer
y of the exchange funds into the Alliance
n Bank. Jt was determined to issue a
Lt circular to the County Alliances on the
g subject, and it is evident from the pro-t
n posed action of the Kershaw Allian'ceE
if that the circular has gone forth.
e The funds, it is claimed, can be trans
d ferred by a vote of the Alliances, andt
- it is not held that the charter of thet
E::change will affect such transfer. It C
is also claimed that the vote by counties
will not affect the ultimate resulIt, in
asmnuch as several of the counties own
emore shares than a good many other
counties in the aggregate. In other
gwords, that the matter is to be settled C
d on the basis of a stock vote.
d The votes of the AlI.iances will be all
in by March 18, when the next meet- C
ding of the trustee stockholders will be
r- held io Columbia. At this meeting it
dus expected that the objections and
objectors to the bank enterprise will be
geliminated by the men who own the s
money held in trust by the Exchange. It
n The News and Courier was requested
e Ito withhold this information a bout a
week ago, but as it can now no longer
ebe retained it is given.
s, The meeting next time will probaLbly c
be not so interesting personally as the
'e laat one, as the vote w~Il settle matte-s
g summarily. The verbal defects in the
~r charter for the Alliance bank will also t
3, be made to conform to the law.
is
>r You cannot accomplish any work or E
business unless you feel well. If you 1:
feel used un--tired out-take Dr. J. H.r
MecLean's -saparilla. It will give your
health, strength and vitality. C
Lt Eczema, scalp covered with eruptions
h doctors proven valueless. P. P. P. was.
tried and the hair began to grow again, g
nlot a pimIpleca bNf e sepn. and P. P. P. F
ncain proved itself a. wonderful skin
cure.v
For rheumatic and neuraleic pains
brine Dr. J. H. McLean's \ olcanic
d Oil Linirre. t, and take Dr. J. H. Me. c
.~ Lean's Sarsaparilla. Yrouimll not suffer u
s lne. will be gained withnaspeedy and t
BACKWOODS ENGLSIS.
[t Should be Preserved-Too Expre,w.i
to be Loot.
[Greenville News.]
The New York Tribune, we
t is, is much delighted by Sjm Jo:e
lescrip.tion of the mayor of PaI sine,
who assaulted but failed to batter hu,
Ls a "one gallus" individual. "One
,allus" as a descriptive adjective is, ti,c
Pribune says, a revelation, an inspira
ion and a poem.
Our contemporary is right. Nobt;dy
inows who invented "one gallus! bu
t has lived and endured throu,h :1
;he mountain regions of the SOUL
md is used with absolute gravity as
,xpressing a certain kind of man-a
ihiftless, lopsided, loafing person who
ioesn't take any interest in hirmseltf
vhose wife even takes no interet in
iim and is entirely satisfied with the
iet of his breeches so long as they hung
o him. The sailor, who is often one
>f the quickest and most graceful of
he human kind, wears no galluses at
l, but the gymnastics of his daily
ife make him supple and thin in the
rist and solid -in the hips and;his
lothes hang on to him to the last,
ven when both legs are full of salt
rater. The "one gallus" is usually
>recisely the same size all the way
lown-without form and void-and
ias no hinge in his back bone or flex
)ility at the waist. When he wants
mything on the ground he gets to it by
)ending his legs and sitting down for
t, like a giraffe.
The back woods are full of home
;pun Evglish which is English-ner
7ous, direct and strong. The people
L few years back knew comparativelv,
ew words but those they knew were
saxon and were combined and applied
o be of wonderful use and power.
[hen there is an occasional invented
word-such as "rucus." Nobody
rnows where "rucus" came from or
iow it got here, but when it ha_s once
)een heard we can never think of any
)ther word as properly describing a
;eneral, confused, scrambling tight
Pvith half a cozen or more combatants
-which is what "rucus" means.
rhen there is the verb "to mix"-we
mixed, ye or you mixed, he, they or
;hem mixed, we have mixed, we
night, could would or should have
nixed. "Then them two mixed" says
,he witness on the stand, and court,
inry, attorneys and audience know on
the significance of those four words
that the defendant and-prosecutorsim
altaneously got together with rapid
exchanges of kicks, cufM, bites and
gouges. An entire chapter of Carlyle
ould not tell more or present the scene
to the imagination more vividly.
The school master and the preacher
are invading the last strongholds o
home made, provincial English in this
country. The people are becouii
more prosperous, or getting -:mr
money, rather; whether the procs i
real prosperity is open for discus-ion
They are looking, through the nws
papers and occasional excursions, into'
the big, busy world beyond thir
familiar hills and mountain barriore
They are sending their son anid -laugh
ters to schools and colleges and tb
strong, homely, ,native words. expres
sions and~ idoms are being banisied 'y
the more correct an I elegant Englishi
of the books and students. One secre:,
of Sam Jones' success is that lie sticks
to the home dialect. It is pleasant a. a
full of meaning to the people fai ia r
with it and-as the Tribune says-n
inspiration and. a delight to the people
to whom it is new. When he say.
thing or a doctrine has been "wor to
a frazzle," everybody knows what he
is talking about, and we would like :
know if there is any stronger or plah:rr
combination of words to tell the n:em
ing.
We wish before the march of im
provement has banished back wood
English somebody would prepare
glossary of it for preservation. Much
of it is entirely too good to be !'.
"Betsy Hamilton," who) used to writ
for the Atlanta Constitution knew
and used it more correctly than any
body else we know of who is capable ok
telling of it properly.
Death of a Giantess at the Age of112.
[From the Globe-Denmocrat.)
MACON, Ga., Feb. 15.-News ha.-j;t
reached here of the death in O':orn
County, of Georgia's oldest inhabi::m.
Her name was Mrs. Bradshaw, -in d P
age 112 years. Mrs. Bradshaw ::
bale and hearty, and gave promise -
living several years longer, hu:r a:en
eer caused her death. She w:sa
prodigy of strength and end:T-r.
She had an immense family conne--~
tion, having grandchildren 72 ye:'
:>ld. When she was to be burimic
special coffin 73 ikeet long hadi to e
tnade.
Royalty Judgmnent Collected.
[Charleston World.]
CoLtc1nLA, Feb. 23.-Attorney G
era! Pope has returned from Beau:. I
where he went on business f r
state in relation to the judgmnt( -i
tained against S. W. Scheper :m:i .L
7' Hutching, who were the sure~'b
the bond of Seward & Co., to secure
payment of royalty on phosjghater
rnined by the latter. Ex-Auor::
General Earle p)rocuredl a judgme::
95,000 Iromn the circuit court. A::
r>eal wa mnade and the supreme eC':r
tiffirmed the judgment of th einr
:ourt- Gen. Pope has c'i:'.teie
Lmount of the judgmePnt fo h a.
For weak back, ches: pains. Dr.
[. H. McLean's WVonderful 113iing
Piater (poroun.
'TO SECURE JUST VALUATIONS."
n Important Crculor from the Comp
troller General.
Comptroller General Ellerbe has is
ied a circular to County Auditors call
ig their attention to their duties ander
ie law in o'der to "secure a just valu
.ion for taxation of all the pioperty,
al personal and possessory in the
tate."
The Comptroller General says that it
not believed that a uniform and
lual assessment of all of the property
i the State exists and urges Auditors
> carefally examine the laws govern
ig them in this respect, and adds that
here they are in doubt they must con
ilt his office and the proper construe
on of the law will be obtained from
ie Attorney General.
He says further that Auditors are
rgely responsible for inequalities of
sessments, as they create the town
3ip board of assessors, who, in turn,
-eate the County Boards and State
k>ards. Legislaturesand not Auditors
re responsible for any inequalities in
ie operations of the law, and all that
uditors have to do is to administer
ie law as they find it.
The Comptroller General directs the
pecial attention of Auditors to the
6xation of unincorporatEcd banks and
inkers, and says that under this head
re included all money lenders, note
iavers, brokers, &c., and even the
,rmer who keeps a place of business
2d carries on any of the avocations
assifled in Section 206 of the General
tatutes would come under its require
Lents in making returns for ta: ation.
Manufacturers of various kinds are
> be taxed on all real estate and ma
iinery of every description. The
iares are not taxable, but the increased
%luation of the taxable property of
iese corporations should keep pace
ith the advance in-the market value
shares.
The circular says further that there
re intimations that certain organiza
ons are doing business in the State
>r proht who have failed to return any
roperty for taxation, and directs Au-i
itors in such cases to follow out strict
the requirements of Section 21.5 of
ie General Statutes on this head, and
Ids also that if any real estate is found
> have escaped taxation for one or
iore years it should be treated as aban
oned lands and reported to the Sink
ig Fund Commisson.
The circular concludes as follows:
"There is no law for valuing a hun
red dollar mule at forty or sixty dol
tre. The idea which seems to prevail
i parts of the State that all property
)r taxation should not be assessed at
bove 661 per eat. of its real value is
rroneous, and in direct conflict with
ie law. 'All property shall be valued
yr taxation at its true value in money.'
;ee Section 219). 'A piece of property
Sworth what it will bring on the mar
et'; and if a mule is worth one hun
red dollars it should be assessed at
ne hundred dollars-no more, no less.
:very piece of taxable property from
de sore-back mule on the farm to the
ilt shares of the wealthiest bank in
bie State must be valued at their 'true
alue in money' for taxation. A large
ercentage of the poll tax in many
3unties is not paid. Auditors can
emedy this largely through the help
f townsh'o Boards of Assessors, and
re must insist upon the collection of
11 poll tax.
"Pledging his hearty co-operation,
le Comptroller General, relying upon
bie fidelity to duty and a zealous dis
barge of that duty under the law by
be Auditors of the State, and the co
peration of public officials and all
ood citizens, believes that many of
be existing inequalities in taxation
an be overcome and remedied."
Johnston atShermian's~ Bier.
(From the New York Recorder.]
The most significant incident in yes
erday's funeral pageant was the pres
nee of Joseph E. Johnston as a pall
earer.
Nothing could more strikingly typify
be blessing of a recemented union than
be a..tendance as a principal mourner
f the commander of the last army
gainst which GeneralSherman fought.
t is the South's tribute to the man
.ho, radical in war methods, was most
enerous in his propos Li for terms of
eace when the fate of the contest was
ec'ded.
It is as in evidence of the perfect per
>rmance of that great task for liberty,
ivilization and humanity that the
gu re of Johns(on at the bier of Sher
aan challenges admiring attention. It
Sa token of the perpetuity of the
nion of all the peoples and races con
tituting the greatest and freest of all
Le nations of the earth.
Heaiy verdict Aaainst a RaiLroad.
B'R.HNA.M, Ala, Feb. 20.-In the
ase of R. E. Sanders against the Kan
as City, 3Memphis and Birmingham
tailroad at Jasper, Walker County,
he jury to-day gave a verdict for the
laiat;fl of $4,50 It was the largest
erdict for damages ever given in the
tate. Sanders was killed in a collision
tst October on tbe outskirts of Bir
ingham, when a large number of
thers were kild mnd wounded. He
ved in W'lk'z County.
if you have a paintul sense or raugue,
nd your duties irksome, take Dr. J.
[. M1cLean's Sarsaparilla. It will
race you up,. make you strong and
ig out.
If you suffer from any a1fection
wsed by impure blood, sueih as .'crof
La, salt rheum, sores, boils. nimples,
tter, ringworm, ta'ke Dr. J. H. Me
ean's Sarsaparilla.