The Newberry herald and news. (Newberry, S.C.) 1884-1903, April 30, 1891, Image 1
ESTA13LIS.5I4ED 1865. ___NEWBERRY., S. C., THURSDAY, APIL3,19.RIE1.()AEA
THE DUTCH PORK.
BY DRt. 0. 11. 1A Y Ern, sR.
NO 1.
:,t t by conirum! ,
Again the crum bled haltls shal rise;
Lo: as onl Evan's bank we Stand,
The past retirms-the present liiE-s.
LAD)Yow CASTLE.
The boundaries of that small portior
of South Carolina known as The Dutcl
Fork cannot be so definitely determ
ined at this date 1S91) as it could havi
been done sixty years ago. As long a:
German was the language spoken b:
the citizens, every homestead in whici
it was recognized as the mother tongui
might be placed with certainty withir
the bounds of'The Dutch Fork. Since
however, the English language has nom
entirely superceded the German, th(
borders of this once well-known sectior,
of country have become as misty as tht
confines of Dreamland. Diflirence ii
languages is the most reliable survey
or's compass for determining the divid
ing line between two nations. A trav
eler on the continent of Europe, beforf
he at nightfal' settles himself to rest in
railway sleeper, may hear some one sa3
in French, "Good Night!" to anther
and at dawn the next day he may bt
awakened by hearing the salutation.
"Good Morning!" uttered in German
and thus he is made aware that al
some moment in the past night he hi4
crossed a line which separates Frane
from Germany,-a line fixed to hisowr
satisfaction by difference in language
although its permanence has not yei
been established, in the confidence oi
nations, by millions of infuriated met
shedding one another's blood, for thai
purpose. Returning, now, quietly t
our boundary question, after this loftN
flight and wide departure, I will ven
t ure to say that now-a-days The Dutet
Fork may be placed with as little hesi
tation in the neighborhood of Santue,
in Union, as around Pomaria, in New
berry, since English is spoken as com
monly in one locality as in the other.
The German schools had disappeared
more than a quarter of a century be
fore my experience began with the
first edition of Noah Webster's spelling
book. My parents were taught to spell
and read by a German schoolmaster,
though they were afterwards instructed
by English teachers. It comes within
my easy recollection how obstinate
were the old people of two generations
ago in fostering their antipathy against
the introduction of the English lan
guage to take the place of the German.
They were compelled, by the increas
ing encroachment of Euglish-speaking
emigr";.'s, to accustom themselves to
the use (: tl,e hated tongue; but when
ever it became necessary to give ex
pression to passionate thoughts, En'
glish words were thrown aside as alto
gether too insignificant by the side of
the thunder-claps in the German idiom,
to give emphatic expression to indig.
nat ion.
It has not been long since I pointed
out to a friend, wvhile strolling with
him about St. John's church, a little
mound remaining from the debri.e o;
the first school-house ever built by
these German settlers. It is now~
scarcely discernible; but I can wveil re
member when a portion of the hearth
could be easily traced on the top of it.
This humble school-house stood herE
opposite thbe gate of the now neglected
graveyard,-across a road that grows
dimmer and dimmer every year; and
it must have been built at least a hun
dred years ago. Here, the ofispring o1
the pioneer settlers went to school,
learning the same lessons, and prattling
in the same language as did the chil
dren away over in the Fatherland. It
requires, now, quite an effort of the
mind to realize that the magnificent
original forest still surrounding St.
John's church once reverberated with
the sounds1 of no other words but Ger
man. The original ch urch-house-the
one in which Rev. Geiselhart preached
-sood within the limits of the grave
yard juist mentione I, about twenty
paces from the schoolhouse. This
primlitive church-building gave p)lace
to a new one, standing about sevent
five steps further on towards the cen
tre of the forest, and: erected in I18'9,
unrder the name (in Geruman) "St.
John's Evangelical Lutheran Church'';
and the old schoolhetuse went into dis
use about the same time,-thbe rapid
increase of poV:ulation and the settled
predlominance of the English over the
German language necessitating the
changes.
Tbhis introduet ion arnd prevalence of
what was considered a fore-ign tongue
must have been somnewhmat sudden. It
is highly probdable that not an E-nglisht
word was spoken ini The Dutch F'ork
before the beginning of the present
c:entury; and already in 124, there was
not one of the risimng gene(ration who
could converse in Gerim:. A bout the
year lsA I -oimmieniced in the new
sch~oolhmouse my (-areer as a~ schoolboy.
An srinian ori::ig face, ereping like
snil
though unlike the modern chlild I was
considered at prodigy, because at the
avze of seven- years I could repeat the
English atlhatbet forwards and hack
wvardls. Whiat a chanrge hado ComeC over
the echos of tihe tickle torest: Twenty
y ear-s befo re thse rny first school-days,
these sturdy oaks with their pretty
dogwvood brides woul take unp t he
words of the Ge;~rmnan child ren exe-rcis
ing thermiselvyes in their sylva,n sports
and wouhi seem to waft their shoute
ov-er towvards the far distant Odenwalds
and then :after so short a time woub
traitorously resound wth the yel!s o
Enghilish -speakinug boys anid girls. Thus
it is seen that thle English language
(if the families in the Dutch Fork
speedily pervaded the whol.! commu
Ilitv. It would be an interesting study
to trace the beginning, . progress, and
Com11pletion of this predominance of one
laniguage over another, but ir is impos
sible to collect any facts relating to the
subject. It is certain, however, that
the surrender to this infringemeit was
not without much dislike, and co'sid
erable resistance. Whenever a half
dozen or more of the old time people
would get together, wbat a feast of con
versation in German they would have!
Often have I observed with indescrib
able pleasure how large groups of aged
ladies would engage in superintending
and even helping to prepare the wed
din- dinner at some marriage,-and
how they would cast aside all seib
lance of English and give themselves
up to an unrestrained intoxication of
enjoyment, in speaking their darling
old niother tongue. Likewise, would
their "old men" (as their dames always
called them) revolt against custom,
while they tottered ab)o.;t the yard in
their tight knee breeches giving
quite a bow-legged appearance to
their neither limbs; and whi'e display
ing bright silver buckles on their shoes
and broad bri inmoed hats on their heads
would revel in an everilow of German,
-singing songs and telling anecdotes,
and frequently ejaculating the ancient
joyous exclamation: "Hochzeit! Heilig
gefreut!" which roughly forced into
English might read: "It's wedding
time! Let there be holy rej:icing." I
also well remember, in regard to my
graudimother (a grand-d:'ughter of the
first white that ever came among the
Indians livi.ng between the ialuda and
Broad River), how, Whenever she be
came weary under four or five days of
speaking English, she would send an
easy ambling horse, whose name was
Shack, for her excellent frieud, Mrs.
Amy (Omnee) Lohuer. Then would
there be a night of glorious talk until
the clock struck one, and iu my litt:e
trundle-bed, I would fall asleep to
dream of goblins and witches. At
length, however, the German language
was heard less and less frequenzly until
it was as seldom used in Newberry and
Lexington as anywhere else.
About the year 1826, the boundaries
of Dutch Fork might have been delin
eated by a course starting from Ash
ford's Ferry, and running by Prosper
ity (Frog Level in those days) to strike
the Saluda at the mouth of Buffalo
Creek ; then following the Saluda as
far as Dreher's Ford to pass over to
Broad River at Bookman's Mill, and
up the river again to Ashftrd's Ferry.
The center of Dutch Fork, with such
circumference, might be fixed at St.
John's church. At this time, the far
thest back of my reliable recollections
(when I was eight or nine years old),
I was familiar with the names of more
than fifty families in Dute Fork.
Following the Broad River road, and
including the neighborhoods at short
distances from it, I call to mind be.
tween Spring Hill and bIaybinton,
Veals, Iloyds, Eleazers, Whites, Ear
gles, Haltiwangers, Stucas, Hillers,
Wises, Schulers, Swigerts, Stoudemay
ers, (from whom the gentle, winding
ascent, known as Stoudemaayer's Hill,
derives its name), Minnicks, Bun
dricks, Busbys, Countses, Eichelber
gers, Su mumers, Mlayers, De Walt,
Slighs, Cummerlanders, and Augh
treys.
Along the road divergirg from the
Broad River road at Bu!;by's public
house and proceeding towards Newber
ry Court House, were BrightIs, Wik.
sons, Buzzards (after whom is called
that stretch of thoroughfare so n.otori
ous as Buzzard's Lane, in the by-gone
days of wagoning), Fuhmners, Slices,
Parson Mfoser Records, K(onis, M1athi
ses, Smiths, Chapmnans, Folks, Dick
erts, Subers, and Ruffs.
0-. the road, andl at short distances
from e. leading front Ruff's across to
iguey' s Ferry, on Broad River, ( Bier
ly's, in Tarlton's Campaigns), were,
Cromers, Kinards, Cloys, Wickers, Ri
d!lehoobers, Ru therfords, Lakes, M1etzes,
Cannons, Swittenbergs, and Ropps.
Along the road setting of!' from Su
her's (nowv Holloway's) and ending at
H-ope's (formerly M1ayer's), were Mil
lers (old Johannes), MIocks, Setzlers,
Lohners, Swarzes, and Fikes.
On other roads passing through the
Dutch F'ork, in various directions,
wvere Epting.i, Hipps, Feagies.. Wertzes,
Houseals, Kiblers, Mfonts, Aimnicks,
Bowers, Singleys, Berlys, Barrrs,
Longs, A ulls, Piesters, Singleys, Wied
emans, Lei tners, Beden baughs, WNheel
ers, Risers, Sheelys, Kunkels, Waller
the pastor), and others.
A short time ago, I stoodl near the
spot where lately could be pointedl out
the grave of the first white man that
ever established a home in Dutch
Fork. Mfy old friend who po:inted out
the p)lace said to me: "His name was
John Adam Sumimer. It was thought
that he had power to put spells upon
the Inidians, for they never troubled
him, in the least. They let him build
his house ; and it was not long before
lie secured titles to large tracts of va
cant land, as all the land through here
was so considered, at that time. A fter
a wvhile, he wvas joined by two other
mmen, named John Adam Epting, and
Nicholas Piester, who both purchased
farms from Summer. Epting came
from Heidelberg in Germany; arid
Piester also came from that country,
but it is forgotten in what town he
wvas born. It was not long before a
fourth man joined them, and his name
was Aimick. HeI also bought a farm
; rom. Sumnmer: and these farms were
all conti:guous.
In miy next sketch it will be my
pleasant task to elaborate from the few
. data extant an accounit of the adven
ere DO YOU PAY POLL TAX-?
3or
'9If Not, the Auditor Wants You Namne-A
List of Names of Fhose Who Are
M- Now on the Books.
of -
Im Auditor Cromer, in accordance with
rd instructions from the Comuptroller
3yGeneral, has made out a list of those
erwho pay po)ll tax, said list to be rur
o ished to the school trustees of each
an township for revision. This is done to
:>e- see if there are any persons who are
)le liable to pay a poll tax whose n:imres
0 are not now on the tax books, and if the
trustees find any such they are to re
Ire port the same to the Auditor. All
ts, male persons between the ages of 21
ir- and 50 years are liable to pol I tax, un
11less exemipt by law.
re TONWSHIP NO. 1.
let Auton, Hlenry W Kial,JoN
'Anderson, Geo Ken!.Mli
th Alewi-ie, Wal*,er F Kenrv-)1
Ault, F H Knr.JI N
A0 Aull, Win B Kltnr0.I
A bb, Hlenry Ki!rJW
A damLUS, JaMeS J Rbe.Atu
Baker, John Kni,%u
Bens on, Geo1.tl-JJ
Bailcy, Cap Liinc.Wn1
But ler. Andrew P LeleEijh1
it Bourne, Cullen E LaeWiA
Belcher, W E 101" 1rh
Beden baugh, Wmn P Ln.Fak1
Blats, Wmn 11 Ln-odHe
Barger, H osea M1 IIda,-i
Bishop, C W Lls ei
-il Brown, J F L ls :vt
Bobb, Wi mt Hye.E -ad
le Bowers, Jnmes 51 LnsyMv le
Blanton, 11 LevlIH
be Boon, Benjamin W NibnJP
Bonds, Pressley J(
al Bradley, John MclnokEP
e, Railey,'fHarry A lVCtdrnAJ
_Boozer, Adam L 1%en.Ntvn
Bauknight, Allen 31Lcu.\ei
t-Boyd, C F 3 n,Jsp
Boozer, Thomas Q Mra.Ble
0- Burt on, Jas A N0ikn sa
Bettus, Jack Mt,E'
Blalock, L. W C MorsEY
to Boozer, Wmi L IICulrn
d' Beaty, Walker MebitrCC
'Bynum, F L Men.Aopu
dColeman, Robt Ilwr e
Caldwell, J a bary'es3
]; Caldwell, Milton B NLil'JIP
Caldwell, ROL lle,IobtJ
Carter, Wmn 'diye,3n
Chappell, A J Mcre,TJ
S- Crulmer, Henry Mcuoud.1A
Cromer, W CGet.IZ
Coats, C R MGa,Bte
h Chappell, J 11 *01oslH
Carwile, W Hf M r J,0I
Cruber, Geo C Ac
Cline, B HiMri- n
b- Cannon, Simeon P NeevBry
er Carlisle, M ANelJISC
Culbreath, Jas Y NoadGS
Cromer, Thos RH el e
ce Counts, Michael Nne n
es chapman, Jeff D Pn,Aa
of Chapman, J WV PyigT n
Coleman, Gjeo TelfordPucl,eJ
Carwile, Jno S - Pyigr ile
3. Copliock, Jno WV Pyig ,WPn
Cook, Thos Pyigr
Cromrer, Geo B PolTecF.
ke Cromer, M Ledford Pyi r
v Chaplin, WM Pr- b
-t Cannon, Howard Pehm'NE
tDavis, Braxton B asne,S1
S.Dennis, Drayzon Pyigr
a- Daniel$, Jas S Potel,bW
DeWalt, Geo Rbro,W
lyDorroh, Laurence Rsr
ts Dorroh, Henry D lRbro,1C
Doiley, Hammond Riat,Gln
eDavenport, n
Darby, W T Res,Hry0
W Dawkins, Tobias D Rf,Wli
a- Davis, C C Iuhrod o
Dennis, Wessley RuhrodWesy
Davis, Jas W Riad%ox
-Dunbar, James RufJao0
o- Davis, R W Rtefr,Caec
Daniel, Rev W W Rbrsn lf
Eddington, Sam Roetn,DPtr
it Evans, E M Rkr,WBr
Df Earhardt, J W RedrMis
V- Eddly, John Spn,Cin
Eady, WN HSca-frReWC
yl Ewart, Wm F Sumr,ToE
.11 Epting, G M B ,ehmrtFA
E"chleberger, Jasper Sih
Elchleberger, Henry Stewie d
a~ Evans, 11 11 Sme,CaH
n Epting, Thos E Snt,I
IFarrer, Wessley SumrIH
-y Foster, Jb Mlg,TEns
Franklin, 11H H pamn er
Fry, Arthur Sek,ihr
wi Fox, Rev J B Stn.EwrJ
had the audacity to come down h
with his witchcraft to cajole the p,
Indian into leaving his hunti
ground of the raccoon and the opossu
My task will be somewhat like that
the skillful algebraist. Give h
three feet square of clean blackbot
and a piece of chalk with an & plu
equal 0 in the left hand upper cori
of th board to start him, and in
hour he will cover the whole space I
fore him with the most inprobal
looking results which, however, r
body with common sense would dt
eny. So I, with a few established fae
expect to write out an inferential n;
rative exquititely romantic, whic
however improbable it may seem ht
and there, must be accepted as tri
because the preponderance of tru
usnally converts improbability it
fact, and absorbs it.
THE CREED OF KEITT.
The Sage of Enoree Plantation Presents
to the People.
LCorrespondence of the er-te.]
ENOREE PLANTATION, S. C., Ap
20, 1891.-Political creed for the peol
by Col. Ellison S. Keitt:
1st. The absolute acquiescence in t
decisions of the majority is the vit
principle in a government of the peop
for the people and by the people. JR
sistance is force and force is despt
ism.
2nd. No more waste of the publicd
main.
3rd. All public lands, not applied
the uses for which they were donate
to be recovered by the government a[
sacredly held for actual settlers.
4th. Homes for the homeless and fu
protection given to the sacredness of s
homes.
5th. Education encouraged and ft
tered, the palladium of liberty.
6th. Freedom of religion, of speee<
and of the press held inviolable.
7th. Equal and exact justice to i
persons, and the largest individual li
erty, with strict law and perfect ord
rigidly enforced.
Sth. Peace, friendship and commer
with all nations, entangling alianc
with none; and a stern vindication
our own affairs.
9th. Perfect protection of our citizei
ship, at home and abroad.
10th. The coinage of silver and ti
baser metals into fractional current
from one cent to fifty cents in sufficie1
volume to meet all business demand
12th. The declaration by the N
tional Government that paper mon(
is a legal tender in payment of all deb
both public and private.
13th. Other nations should no mo
say what shall constitute our mon
th~an what shall be our form of gover
ment:
14th. The issue by the National Go
ernment of legal tender notes in den
minations beginning with $1 and en
ing with $1,000 notes in sufficiel
volume for the easy transactions
business on a cash basis. Let our go
ernment have her distinctive mone
legal teuder notes in payment of a
debts both public and privato.
1.5th. The establishment by the N
tional Government of a sub-treasury:
each State, and the loaning of mon,
direct to the public on real estate at
per cent. per annum.
16th. The maximum amount loan
to any one person not to exceed $.5,0J
in amount and tte minimum amou:
not to be less than $100.
17th. All loans to be for fifteen yea
and the interest and one-fifteenth
th]e principal to be annually paid to t
government.
18th. A general and thorough ovi
hauling of the departments of the go
enent and rigid economy in publ
expenses.
19th. The tariff reduced to the neel
of the governmrient, economically a
ministered.
20th. Reciprocity with other natio1
in the necessaries of life.
21st. The prayers and blessings of tl
good women of our glorious counitry a
invoked that these principles may
crowned with triumphant success;
the people lifted to a higher plane at
the enjoyment to the full of unto
prosperity and happiness.
PREPARING FOR- THE MALCONTEN
The ExecutIve Committee of Chariestol
Regular Democracy Order a Primary
[Special to Greenville News.]
CHARLESTON, A pril 18-The exec
tive committee of the regular demnoci
cy at their meeting last night adopti
the following resolutions:
"Resolved, That a convention of tl
democratic party of the city be held<
the 30Jth of April for the purpose
taking into consideration such chang
of the rules of the party and for t
transaction of any other business thi
may be brought before it; that t
registration books of the various war
be opened on-the 27th of April for t
registration of such voters as have i
registered and such changes as remo'
make necessary; that a primary be he
on the 29th of April between the hou
of 0 a. in. and 7 p. mu. for the election
twelve delegates and alternates fre
each ward as prescribed by the rules
the party."
The reform party proposes to hold
convention in May and the order 1
the A pril convention is to make
ragemenits to meet the body that ri
uses to recognize the city democra
and accept for its government a Ste
constitution. A number of strol
speeches were made to show thatt
city democracy is the only legally co
st' ated organization for a municih
election.
After all the business had been tral
acted, Dr. B. M. Lebby, at the sugg
tion of M. 0. Cohen, one of the leadi
of the opposition or ref'rmx party,
signed and raised the point of no pt
rumn being present. The meetinga
journed.
THE DIVISION cOMPLETE.
[Special tc the state.]
CH A RLESTON, S. C., A pril 24.--T
old City Democratic Executive Col
mittee met to-night and named el<
tion managers for their primary ont
29th inst. None of the ward clu
whom the committee invited to nor
nate primary managers acceptedt
olive branch. This en ds the possibili
of the two factions pulling together a
means a renewal of hostilities. T
outcome of the meeting was a gri
disappointment to those who expect
a stormy debate and much food:
gossip. Several ward clubs to-nig
endorsed the May convention.
Presto! Change! Gray and fa.d
beards made to assume their origi
color by applying Buckinigham's JJ
for the Whiskers. It never fails to s;
Counts. Foster Sheeley, Herbert
Counts, Sim Simpson, Squire L
'risty. Francis ,nowden, Uilford
Crumley., Lauayette Suber, Forest
Daniels. Jno B Suber, Jesse
Dennis, I M Summers, H C
Dorroh, -Jno Tl-mpson, Jack
EicliebLrger, Jno Turner, Henry
Fant, Jno P Wadsworth, James
Franklin, Tohe Waters, Frank
Friar, Wessley Whitener, Thos
Gilliard. Elijah Whitmire, Jno W
Gallinan, J1o Wilson, Edward W
(illiain, Henry Wilson, Jesse
Gilliam, Scott Wright Z F
LIST OF POLLS NOT RETURNED AND
NOT ON THE BOOK.
Bedenbaugh, Frank Senn, J A
Bedenbaugh, Robt Sligh. Frank
Bedenbaugh, -James Wood, Joe
Berry. Emanuel West, c M
Brooks, John Williams, Buck
Beasley, Jesse Wrigit, Butler
Coursey. J F Waldrnp, Blutord
Cruber, J B Wood, John
Cannon,'Wi* Young, Jim
Chappell, Sam Young, Wm
Duncan, Dave Yon, J E
DOLgass, Scott Simpkins. Bob
Douglass, Wm1 Rhoden. Silas
Fry,B Gilliam, Jno
Firms, Jno Glenn, Oscar
Furgerson, James Furgerson, Jo
Furgerson, 'roit, tooV San
Graddock. Ed (rncn, Munro
Jones, Alex Pressley, Geo
Jones, Jason (alinan. Gen
.1aNes, Elliott Riley. Thonas
Jackson, Geo Wilson, Geo
Jackson, Andrew Summers, Albert
4iiles, J B Wadkmns. Bill
Koon, Wiley teard,16pencer
Knight, B M Young, Paul
Knuckle, Henry (annon. James
King, Henry Dorroh, Rev
Luvis. Henry Iron, Dave
Legg, Fed Ma-gum. Wess
Livingston, Wn Griffin, Robt
Lindsay. Ben Pbillips, Jr. E H
.Nathis, Tobe Job-son, Sam
Mathis, G F Tbompson. Andrew
M ayes. Brooks Harris, Griffin
Iferodeth, Dan Pope,Jno
Miller, J H Green, L H
Miller, Ben Strother. A G
Montgomerv, C W Benson, Geo
McCarty, RB James, B H
Maddox, Joel Jonikin, Henry
Moats, Archey Hoof, Henry G
Miller, J G Mazyck, Jno B
t(hodenl, David El6or, P G
Rhoden, Robt Ellisor, Scott
RichKrdson. TheodoreWhite. Harry T
Sheppard, Wm Kingsmore. Ed
Suber, Will Davenport, -J D
Strother, A G Durbam, A U
licurry. MorFan
The superior mnerit of Ayer's Cherry
Pectoral as an anodyne expectorant is
d ue to a skilful comnbinat ion or the most
powerful ingredients. Nothing like it
has ever been attempted in pharinacy,
and itY success in the cure pulmonary
cosmplaints is unparalleled.
The Country Schools.
[Greenville News.]
It isto be hoped that the people will
cordially and generally help School
Commissioner Bailey in his efforts to
establish a system of school districts
through the country. nany good men
think and say that our present system
is worse than none. There is only one
mnethod of improving it, and that is by
the united action of the people them
selves. It will be years before the
State will be in condition to do much
more than is now being done for the
schools. Everybody knows the people
will not vote for any further general 1,
tax.
Something more ought to be done.
Boys and g irls are growing older every
day. While we halt aud hesitate over
the matter we are bringing up a gener
ation of men and women in ignorance,
a I ignorance is the mo t poweRvul
help there is for sin and folly. Every
sentiment of patriotism and instinct of
selfresevatiohand seln,Aremow
us t prvid deen!soolsr thrugh
out the country. iTh Staen o
givethemwihoony planr meho
likey tobe doptd; Ilck peol ofec
neighborhod mustaere ofheed
ucaton o therewhilen rr lev
It is ll verawell ot of prvt
schools ion ecuty u vr a
wh kosupe merit owys thtChery
arectewacountry andnehbord wih
willo spportl oo binaivaofte scoost
hseer eopen atosctteed ndhamany,
and iscees tak the chirenulofnary
cmainsts os upralteledol. Ee
TheuCoutry schools. alihd h
Ithistoren opeta the poleplef will
cordialyd deendentlly haritychool
CommissionerpBailey.inhaispofiorts to
through thbeakoutry. spran od ambi
ion wofs tancid non Thete histryn
ofSth Cfimroin it,lo nthances of
childred in of hern pobscue hem
metha becomnow gretind trused lead-h
eros. Everyboy Canowus and peopl
Duwies hatve gone any water gnerad
Soeintural talet osgt by lac don.
Bruoy and rlsrtgroity toldern every
the Amitye knows.igg p enr
aThere aro n men and womenorce
wh cganc ind nohoe in theiownu
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givente wit any an in thetod
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ote educatn.
scoLs thieln the count vry look
wokosthe facts knows i thatn tr
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god colgs byk hen the publie
wealthynwhotwould theelse to suppl
min stheseys ofpinany ohols thint
scure good ctionalbe opstabtished ithie
frrchildren.po Woutd ric left poor
gradeud or dependent onvcryd will
bued equaluers.an Tat wositio trs
enouh toabreko the srit and thei
tin Hfaycilds and etteristr
ofhSoth Car-olin iswul hea insances in
theisree of every orn obctye par
tese itineran deals uns hawk thei
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wohicn find antihpc unlihei owntl
thlriesteon oltin thalt burn. liv
cores, buteniv foreahpe and rambore
eStatesel and Americn girl ma
trr feain.d ncnumtO p
ltlects squre in tie. faicen get
censo b acolsb druggingou teubi
TH E COOSAW CASE.
Judge Simonton Renders His Decision.
Questsrn of Right, Not of Comity
and Courtegy.
CHaRLFs-roN, April 21.-In the Uni
ted States Circuit Court to-day Judge
Sinonton rendered his decision in the
Coosaw Phosphate Mining Company
case, ordering the removal of the case
from the State Court and assuming
jurisdiction. There were two questions
submitted by the State, viz: Has the
United States Court jurisdiction of this
case? and, second, if it has jurisdiction,
are there not considerations of courtesy
and comity towards the State Court
which will induce it to withhold
action? As to the first question, Judge
Simonton holds "that as thesuit really
and substantially involves a dispute or
controversy whether the State of South
Caroliua has not passed an Act that
impaired an obligation of contract al
leged, which had been made between
aid State and the defendant, the cause
presented the question when rightful
jurisdiction of the court is removable."
As to the question of comity and cour
tesy, Judge Simonton holds that such
onsiderations have no place in his
-ourt. The question is one as to the
right of citizens not as to the conduct
Af the court.
The question will now come upon
the right of the State to appoint a re
.eiver for the mining territor.; claimed
y the Coosaw Company, a:d the na
'ure of the rights granted by the State
o the company.
"oINTS OF THE DECISION.
[Special to Register.1
CHARLESTON, April 21.-The follow
ng are the points of Judge Simonton's
Jecision in the Coosaw case: There
3an be no doubt that if the question
whether the Act of 1690 impairs the
bligation of a contract can be made to
ippear on that part of the record which
be Court is at liberty to examine at
his stage of the proceedings the case is
removable. It is a Federal question,
trising under the Constitution of the
United States. The public laws of a
State must be known to and be in the
aind of every Judge exercising juris
licti(j wit!lin that State, not only as
.o their existence, but as to their con
truction when a right, privilege or
Juty is given to or imposed upon any
person, natural or artificial, by a pub
tic Act. Such person can pursue su.:h
right, privilege or duty in the courts,
nd the courts will, without pleading,
producing or referring to the Act, re
ognize and enforce it. It accompanies
he person i;to court, throwing light
upon, explaining, sustaining the record;
is in effect a part of the record. So, in
this ease, when the five relators, styling
themselves the Board of Phosphate
ommissioners, bring into court the
omplaint, or it comes before the court
in any way, using the name of the
tate, concerning the use of property of
the State, asserting the right to control
that property, and especially the right
to interfere with the claim of the Coo
saw Mining Company to the property
an which that company set up an ex
elusive privilege under a grant, pray
ing the assistance of the court to aid
them in their control or collection and
disposition of the State's property, the
courts are bound to take judicial notice
of the Act of 1890, which confers on
them these powers and to take such
notice of its on motion.
It appearing from the record in this
ease that the suit really and substan
tially involves a dispute or controversy
whether the S:ate of South Carolina
has not Ipassed an Act impairing an
obligation o1 a contract, alleged to have
been made between said State and its
defendant, the cause presents a ques
tion within the original jurisdiction of
this court and is removable.
The next question is has the cause
been removed? This being a remnovable
case, as soon as the petition and bond
were tried in the State Court, itsjuris
diction absolutely ceasel and that of
this Court im mediately attached.
Judge Simonton says with regard to
considerat ions of comity: "They have
no place here. The question is one as
to the right of the citizen, not as to tihe
conduct of the Court. Had an action
been brought in this Court after the
jurisdiction of the State Court had beeni
aigaged over the subject matter in anl
other action, then the Court could
properly consider whether it ought not
to leave the parties to thi' tribunal first
charged with the settlement of the
State Court removed into this C'ourt."'
In entertaining the petitioni for re
moval this Court cannot mean any re
fection upon the State Court. It simnp
ly consider whether the petitioniers
have tihe right to the removal. If they
have, refusing it would be a denial of
rights.
CooSAw APPIEALS FRO3M THlE 1ECISioN
01 JUD;E A LDRICH.
[Special to News and Courier.]
CoLormnA, April 22,-Thme general
andl special pleadings in the Coosaw
case will soon constitute a very respect
ably sized volume. Yesterday the at
torneys of the Coosaw Conmpany were
served ia Charleston with a notice to
the effect that tihe State would move
before Judge Norton to dismiss tile de
murer (which has beenm published) on
the ground that its allegations are friv
olous, and also giving niotice' that the
State would require the~ defendanits to
file their answer.
To-day Attorney Genmeral Pope was
served with the following notice:
Take notice that tile defendants, the
Coosaw Mining Company, appeal and
hereby give notice of their intention to
appeal the Supreme Court of nouth
Carolina from the order of the Hon.
James Aldrich, Judge of the 2d circuit,
made herein at Chambers on the 1:'hh
of April, 1.S91, and filed in the office of
the clerk of Court Common Pleas for
Beaufort County on the 13th day of
April, 1891, as well as from the previ
ous order herein of March 21, IS91.
And for exceptions or grounds of ap
peal show:
First. That his Honor Judge Aldrich
erred in considering and determining
at Chambers the question of the re
moval of this cause to the United
States Court, such question being ree
ognizable only by the Court of Common
Pleas for Beaufort County, if at all by
any Court of the State.
Second. That his Honor .Judge Al
drich erred in holding that the record
does not show upon its face a right to
remove this action from this Court to
the Circuit Court of the United States
for the District of South Carolina, and
that this action is still within the juris
diction of the Court of Common Pleas
of this State and subject to the above
exceptions and not waving the same,
but protesting against the jurisdiction
of this Court to proceed further herein,
the defendants further Except to the
said orders of his Honor Judge Aldrich
on the following addi'ional grounds,
to wit:
Third. That his Honor Judge Al
drich erred in ordering that the return
of the defendant to the order herein
dated March 21, 1891, is insufficient,
and in overaling said return and in
making absolute the said order.
Fourth. That his Honor erred in ap
pointing a temporary receiver in this
action and also in continuing the same
as not being warranted by the facts or
pleadings in this case, nor by the pro
visions of law applicable thereto.
Fifth. That his Honor Judge Aldrich
erred in graiting a temporary injunc
tion in this action, and also in continu
ing the same as not being warranted by
the facts or pleadings in this case, nor
by the provisions of law applicable
thereto. McCrady Sons & Bacot,
Smythe & Lee,
Defendants' Attorneys.
CHIEF JUSTICE FULLER TO DECIDE A
QUESTION IN TILE COOSAW CASE.
LNews and Courier.]
Chief Justice Fuller is expected to
hold Court in Charleston during the
last week in M'y. He will remain in
the city for several days hearing such
causes in the United States Circuit
Court as might be brought before
Win.
By no means the most unimportant
that will be heard a, that time will be
a motion in the Coosaw case to remand
the entire proceedings to the State
Courts. Notice of this motion was given
during the recent arguments in the
Circuit Court by Mr. H. A. M. Smith,
representing the State, and it will be
pressed as soon as the Chief Justice
e'rrives. The motion will bring forth
very exhaustive arguments fiom both
sides, and will be one of the most inter
sting phases of the etire case. The
same attorneys who made such able
arguments on the point of jurisdiction
recently will appear in the case again,
and the tug of war will be conducted
all over again.
It is probable that no further steps
will be taken in the Coosaw case until
that time.
It is expected that several entertain
ments will be given in honor of the
Chief Justice during his stay in the
city. On his last visit here he made
many friends, wvho will exert them
selves to make his present visit one of
pleasure as well as business. He will
probably be accompained by several
lady members of his family.
STILL ANOTHER NOTICE.
[Register, :4.]
The following notice was served on
the Attorney General yesterday by the
attorneys in the Coosaw case.
IN TH E U. S. CIRCUIT COURT.
Please take notice that in p)ursulance
of the notice served on you in this
cause, and of the order of this honora
ble court therein made, 7th April, 1891,
the undersigned on behalfor the defen
dants in this action will on Monday
2th. at 10 o'clock, a. Ii., or as soon
thereafter as counsel can be heard,
move before this court at the court
house i.1 Charleston on the return here
tofore ti led by the defendants, and on
all the pleadlings in the cause to vacate
the teml)porary inoju nction, &-e.. amnd for
auhl further relief as may be just and
prpe in the premises.
3IcCRAIN NS & BACoT,
SMy rHE & LEE,
D.-femiiants Att.y
Hlou. Y. J. Pope, Attorney G;eneral.
Sunshline in the Houi'e.
"li weary with work" the good wife
sighedi:
"'But after all.," she saidl,
"ts swe to la bor for those we love
No wonder that maids wvell wed."'
A wise housewife lightens her toil
and gladdens the home circle lby her
cheerful ness. But health is the first
renisite, and her just prerioeative.
Healt h follows the use of D)r. Piere'
Favorite Prescription, which repairs
the ravages caused( by those peculia
diseses which afflict womnankind. It
enriches the blood, cures thie cough.
inreses the flesh, prevents hysteria,
nervousness and lo *. spirits, and is a
veritable fouintIaini of xealt h to woman.
oun nd old. S:at isfaction,. or the
price $1.0(J; refunded. Of druggists.
Only a Sugge-tion.
[Laurens Advertiser.]
We suggest the formation of a fourth
party, oif which Mr. .Jasper Talbert,
being a host in himiself, shall compose
the rank andI ille.
He atnd Coi. K{eitt are equally enti
tIed to private orbits of revoluitioni.
In the use of Aver's Sar:apa rillai. you
ned haove no fear of arsenical poison,
this medicine being eptirely free from
all danigero.us drugs. Its powerful ef
fets are due to the skillful combhina
tion of the best ingredients, and henee
o il resuts ever follow its use.
SATIiIZINGTIIESUH-TREAsUl.Y IDEA
An Editor'% Dream for Stock Rai-rs-Gov
ernment Hog Pen. anti a Pig Tail
Circulating 31edium.
[Unknown 'renue,ee Newspaper]
WVe note wi oleasure that a sVstelml
atic movement is on foOt in Alabama
and 'Mississippi to call certain erring
brethren squarely to taw on the sub
treasury bill and to force them to sub
scribe to every line and letter of the
Ocala platform or get out of our noble
order. The American, as sub organ
and assistant toiler of the alliance,
heartily approves of this heroic course
and demands that the same rigorous
measure 'e adopted in this State for
the purpose of rooting out heresy and
making treason odious. This great
and beneticent measure must not be
inipeded by factions opposition and
stabbcd to death by the hands of trait
ors, and the American, as sub-organ
and assistant toiler aforesaid, is determ
ined that it shall not fail for such rea
sons.
We deem it the proper time, now
that this sub-treasury battle is being
joined, to disclose some further plans
which have been revolving in the
mind of our wise and worthy president.
One of the most insistent objections
which have been made to our sub
treasury scheme is that it is partial in
its beneficence, in that the stock raiser
is denied participation in its benefits.
Our worthy president has felt the force
of this objection and proposes to meet
it in a practical way. We are author
ized to state that he is now preparing a
bill to obviate this trouble, and that it
will be introduced at the next session
of Congress by Brother Rice Pierce.
This bill applies only to swine, but
other bills will be introduced as soon as
perfected to extend the operations of
the law to other live stock. The bill
provides for a great national hog-pen,
to be known as the "Swineyard Sub
treasury," and every farmer is to be al
lowed to deposit his swine in its vaults
and keep them there for a year and a
dcay. In order to provide means for
feeding them, the Pickler bill is to be
amended so as to allow the government
to take a small toll from each turn of
corn brought for deposit in the national
corn crij'. In order to make the Ameri
can hog the basis of a sound and health
ful circulating medium, our worthy
president has conceived a plan as novel
and original as it is brilliant and inge
mious.
This federal hog pen is to have two
sub pens, one of which is to be known
as the pen of weights and appraisement
and the other as the pen of curtail
ments and abbreviation. When the
farmer brings his hogs for deposit they
first pass through the pen of weights
and appraisement, where they are sfp
arately weighed and valued and the
proper figures written upon a card and
tied to the tail of each hog. Thence
they are driven to the pen of curtail
ments and abbreviation, where their
caudal ornaments are neatly snipped
off and returned to the farmer, these
tails to be his receipts. Hogs having
no tails when offered for deposit are to
be thrown out as mutilated coin. A fter
passing through this pen they are next
taken to the pen of final deposit, or
swine vault, as it is called, there to be
held for redemption. Is is provided
that each pigtail shall represent so
many dollars per inch and shall be cut
the proper length to represent the full
value of the hog with 10 per cent.
added. These tails, according to the
plan of our most worthy president and
oil inspector, aie to be legal tender for
all debts, including custom house dues;
though Brother Pierce is inclined to
think that it would be sufficient to
make them receivable for State and
county taxes. Whichever view pre
vails there will be provided an abun
dance of cheap and convenient cur
rency, and the hog raiser will be sup
pled with a means for meeting his
most pressing necessities while holding
the bulk of his hogs for a better price,
they being cared for aiid fattetned in
the meantime without trouble or ex
pense to hium. Whenever he thinks the
price justifies it lhe may' redeem his
hogs an:d throw thonm ona the market.
To do this he simiply appears andi pre
sents his tails to'the. proper otlier, who
ident! i -s he hogs by titting the tails
ttheir iipropr st 111mp5. The ottice as
signed to this work i.s cal!ed the de
part men t of tail ti ttin gs and1( adljuit
men~ lt. The hoi ar, thent re-deemied
ad( the tails takeii up and cancelled
by mecans of a beilIli unchi, the pu nch
ing~ to bet done14 with cair andl in the
presence of lie paseger. Th1e I:ails
are thlen taken to thle bu reau of leaf
lard aiid so-a :p grease, where ihey under
go the proper procss of ma,:nufacture,
andi fnrm thiis is (creat'.d at funrd to be
ealled thle t:ailI gre:ee fund. fo r lie
payment of salari*.
Inid'en tallyv it ity v Le renarked
that t here wil heI -omhe impor,. tant etti
ces creaited for mieiibers oh our noble
orer under This law, with suitable sal
aries attavlhed: and thougrh it is a little
premat ure to 1111l1them at this time,
there is hardly a doubt that Brother
McDowell will have the p)lace of tail
rimner and abbreviator and Brother
Rice Pierce that of tail fitter and ad
juster. The peculiar intellectual gifts
of these brethren admirably fit them
for the character of mental work re
<uired for sueh emiploynment.
We have tIhus attemipted in our fee
be way to set forth th
worthy presidient fort
of thle great national ~
issua nce of a sound anf ,
tail currency; btt
has himself prom'u
few days give a mc
and exposition of A
these columns