The Newberry herald and news. (Newberry, S.C.) 1884-1903, December 02, 1891, Image 1
NO~C.A GOLDEN OPPORTU
NOTICE.NIY
The firm of Sherard & Mi- he C moR at
nor has been dissolved and the tw er
stock must be sold AT Ne\\tixgit tNWYR
YORK COST for thext t to w er
two weeks to wind up the co- -
partnership. Come at on0ce Yor to please,- ,1G ea
and see our goods AT THEXiU*p
TE-N CEN'T S THErt d r
W. Ss . SHERAR R,
DSuccessor to Sherard &rMinor.
-_ _ 'D Y DEPICC$.50AIEA
P5T A P.T.TTTIT) 16) NEWBERRY, S. C., WEDNESDDECEMBER 2, 1891. P5
THE NEWBERRIY BANK CASM.
The ?Comptroller-Genetal Expre"sep Hl
Views on the Subject-Thinki4 Judge
Hudson's Di-clsion Will Not Hold.
Columbia Special to News and Courier.
Comptroller General Ellerbe has
noted the result in the mandamus case
at Newberry in re the Newtberry Bank.
The Comptroller General wAs asked to
day what he had to say in this june
ture. He said :
"The banks, the railroads and othei
corporations have been fighting the
Comptroller General, and now the
Judges are taking a hand in the fight,
but if all of the Jduges co, nit as grave
a blunder as was done in this New
berry Bank case there will be nothing
to fearand nothing to prevent the legal
vindication of the acts of the Comp
troller General.
"The decision or ruling can possibly
have no practical result. It is well
known, or ought to be kuown, that the
county auditor is required by law tc
make up his books and turn over the
tax duplicates to the county treasurer
' the 30th of September. The audi
tor New berry has already done that,
he hol - he treasurer's receipt. Now
the Judge rde P auditor t
change entries o his books,
posing the change made on the audi
tor's books, that order cannot possibly
affect the collection of taxes, which I
presume is the essence, if not the mo
tive, of the contest.
"It can readily be seen that the order
of the Judge will not affect the treas
urer's books, on which the taxes are
collected; and I hold, according to the
statutes, that no Judge has a right te
interfere with the treasurer's books. It
will be only necessary to quote in this
relation the following from Section
269, Revised Statutes : 'No writ, order
or process of any kind whatever sta
ing or preventing any officer of the
State charged with a duty in the col
lection of taxes from taking any step
or proceeding in the collection of tax,
whether such tax is legally due or not,
shall in any case be granted by any
Court or Judge of any Court."
"There," continued the Cormptroller
General, "the collection of taxes can
neither be stayed nor prevented, what
ever the subsequent action of those in
interest may be. It will be quite time
enough to talk about the result.if the
attempt is made to change the treas
urer's books when that contingency
arises, except that I might say that the
officer, Judge or otherwise, attempting
such an extraordinary proceeding
would be liable to impeachment. For
the benefit of those who do not know
the proper remedy, I may say that it
will be found in Section 268, General
Statutes, and that is to pay the taxes
under protest, whether legal or illegal,
and recover by due process of law
afterwards from the county treasurer.
"The facts in the Newberry Bank
case are these: it made its return at
$150,000. According to their quarter's
- report ending December, 1890, they had
$150,000 capitalstock, $150,000 surplus
and undivided profits, and about $9,000
in personal property, making S300,000,
which was assessed at $240,000 (audi
tor's increase,) which is $69,000 less
than the actual money value.
"I have instructed the auditor to
comply with Section 239, which re
quires that the president of the bank
be sworn on matters touchiug value of
stock, etc. I have also called the audi
tor'sattention to Section 241, providing
a penalty of 50 per cent. for making
false r eturns.
"I may surther say that the way to
make chantgeson thblbooks is by petition
to the Comptroller-General, whbo looks
into the merits of the case, and not by
the proceedings at New berry, as pub
lished to-day."
CHARLESTON BANKS WILL FIGHT.
Special to t he Register.
CHA ELESTON, Nov. 20.-The solici
tors af all the banks here held a meet
ing to-day whbich lasted several hours.
The proceedings were secret, but it
said that steps will be takeni to makea
fight on the line of thbe Newherry Ban k
case recently decided by Judge Hud
son.
It is also said that the Comptroller
General has written a red hot letter tc
the County Auditor, in which atten
tion is called to Sections 239 and 240 o1
the General Statutes, which provides
imprisonment for persons refusing te
make true ret urns or for miaking falsi
returns,
Legal developments are expected ira
a day or two.
JUDGE HUDSON's WRITTEN OPINIoN IS
TH E CASE.
The State of Son ih Carolina, County o1
Newberry-In the Court of Commioz
Pleas-Ex parte the National Bank
of Newberry, S. C.-Petition for
Writ of Mandamus.
On the 16th day of Nov'r inst., th4
foregoing petition wvas exhibited in thi
Court of Common Pleas for Newberry
praying for a writ of peremptory man
damns to compel Wallace C. Cromner.
Auditor of said county, to restore tc
his tax list and tax duplicate the as.
5:ssed valuation of the personal prop
en~y of the said bank as fixed by said
Auditor and the Boards of Townshij
Assessors and CountyEquialization, and
afterwards unlawfully increased by th<
said Auditor uder orders from thb
Comptroller-General.
The petition alleges that the persona
property of the said bank was returne<
by R. L. McCaughrin, president, las
February, as thbe valuation of 6150,001
for taxation for the fiscal year begin
ning Nov'r 1st, 1890, and ending Oct
31st, 1S91. That this valuation wa:
accepted by the said Auditor, and( ir
due course of proceeding, during sai<
fiscal year, after close scrutiny an<
careful investigation, was sanetioned
approved and adopted by the Board o
Township Assessors, and finally by thi
Board of Equalization for the county
and was so entered in his book by th.
County Auditor as thus finally fixed
A fter this action of the Auditor an<
the Board of Assessors and Count:
Board of Equalization, thbe said Anudi
tor was directed and ordered by tb
Comptroller-General of the Stnte t
increase the valuation of the s ' per
sonal property f, om $150,000 to d,0(
and without further authority pre
ceeded so to increase it, and to enteri
on his tax list and duplicate.
The petition alleges that every eflor
has been madec, by oral and by writte
application to the Comptroller-Genere
and Auditor, to have tue original ani
awful valuation restored to the ta
ks, but the applications have bee
.Being, t herefore, without an
al remedy or mode o)f red res:
to this Court for the wr
petition, duly refused,
ed requiring the Audit<
sewhy the writ should n<
pel him to correct his err<
ore to his tax list and dup1
aluation of the proper:y
wful authority. The retur
does not specifically dei
ply states he made up his tax books for
the County of Newberry as required by
law and by the instructions of the
Coiptroller-General, and deposited the
duplicate with the County Treasurer
and took bis receipt therefor.
The return is tquivalent to a de
murrer to t he petition, and in the argu
ment all its allegations were treated as
true. The jurisdiction of the Court
was challenged, and besides this, the
only other and leading question ra. ed
and argued was, whettier the Comip
troller-General has the authority thus
to raise the assessed valuatiou of per
sonal property of a banking corpora
tion.
After the argument I held both issues
in favor of the petitioner, and ordered
the writ to issue, giving orally my
reasons briefly for so holding, and re
serving until a later day time in which
to file a written opinion. I proceed
now to do so with all possible dispatch,
because the matter is of moment to the
tax-payer and to the State, and ought
at this particular juncture to be hear'
by the Supreme Court before the time
for collection of taxes expires and while
the Legislature is in session.
First, then, as to the power of the
Court to grant the writ, and whether
or not the writ of mandamus is the ap
propriate
it for granted that it will
readily be conceded that to compel an
officer of the county to do and perform
a merely ministerial act plainly re
quired of him by law, the writ of man
damus is the appropriate remedy, and
the Court of Common Pleas has juris
diction to graut it, and in a proper case
will do so, unless expressly prohibited
by statute. This speedy and efficacious
remedy will not be denied the tax
payers by the courts unless, compelled
to withhold it by express statutory en
actnient. Counsel for the respondent
contended that such prohibition is
contained in Sections 268 and 269 of the
General Statutes.
It is a sufflicient answer to this argu
ment to say that these sections have
reference to the collection of an alleged
illegal tax, and the Courts are forbid
den to interfere with the action of the
tax collector by injunction, mandamus
or any other extraordinary proceeding
or writ. The taxpayer is compelled
first to pay under protest and then to
proceed to recover back by suit as
specially directed in the Act. But the
present petitioner is not seeking to in
terfere with the duties of the tax col
lector, but only asks to have the Au
ditor place in the hands of the Treas
urer the lawful valuation of his prop
erty, and not that which is unlawful.
The petitioning bank desires to avoid
being placed in the dilemma provided
for in Sections 268 and 269, and to that
end prays the Court to compel the Au
ditor to deliver to the Treasurer the
correct and lawful assessment of its
property as fixed by the only Boards
having jurisdiction in assessing it.
The fact is that Sections 268 and 269
render the present proceeding Dot only
vitally important, but essentially neces
sary to the taxpayer, because it is the
only possible mode by which the tax
payer can save himself from the hard
ordeal prescribed by those severe en
actments.
I hold, therefore, that the Court has
full power to issue the writ in this pro
ceeding and that there is no other
remedy known to the law-by whieb
the wrong herein complained of cai
be redressed so speedily and so ade
quately.
The next question is Ts to the author
ity of the Comptroller-General to direct
tile Auditor to raise the valuation of
personal property after it has been com~
sidered, scrutinized and finally fixed
by the Auditor, the Township Assess
ors and the County Board of Equaliza
tion. He certainly has no such au
thority under the statutes of the State.
The Auditor and the said Boards are
the only persons having authority to
assess for taxation the personal prop
erty of the people and such corpora
tions as banks, and with this valuation
of personal property no officer of the
State can interrere. With their valua
tion of real estate no one can interfere
except the State Board of Equalization.
As well might the Comptroller
General, by his mandate to the County
Auditor, raise the valuation of all the.
real estate of a county, or t he real estate
of an iudividual or individuals, after
the final action of the State Board of
Equalization, as to raise the valuation
of personal property after the final
action of the County Board. In no
Act nor Section of ani Act of the Leg
islature can such poe be fouL con
ferred or attempted to be conferred
upon him. His control and super
vision over County Auditors does not
go beyond furnishing them with proper
books, blanks, forms, instructions as to
their general duties and the like; but
not to the valuation and assessment of
property. Over the action of Townshi p
Assessors and County and State Boards
of Equaliz'ation, in so far as their valu
ation of property is concerned, he nas
no control and om their judgment
there is no :--*o him nor to any
one else. t is final, and the Auditor
must accept it, and place the same on
his tax list and duplicate. If he 3
fuses he o-an be compelled to do so by
the wri t of mandamus. It is his plain,
statutory duty. It would be alarming
Ito the tax-payers of the State if, after
property has~been assessed by Boards
specially charged by law with that
duty, any one mau, be he Auditor or
Comptroller-General, could, without
notice and without hearing, increase
arbitrarily such valuation. The same
law appli~es to 'he assessmtenit of the
individual citizen as to that of a bank,
and the law is equally jealous of the
srights of both, and no more exacting
in regard to the one than the other.
I I ind, therefore, as matters of fact,
that the allegations of the petition are
true: and, as matter of law, that the
fpetitioner is entitled to the writ prayed
efor; and for reasons given I signed the
order of Nov'r 18th instant.
eJ. H. HUnsoN, Presiding Judge.
Nov. 23, 1891.
Treble and Bass.
-"Twinkle, twvinkle, little star,
eHow I wonder what you are."
In treble sweet piped little Grace.
"Catarrh, catarrb, catarrh, catarrh
IWhat a horrid pest you are,"
Growled dear papa in lowest bass.
tWhen papa reads this, he will learn
how to get rid of the pest. By its mild
healing, antiseptic, and cleansing pro
perties, Dr. Sage's Catarrh Remed:
e ures the worst cases. This infailiabl<
remedv does not, like poisonous, irra
Xtatng snuffs, "creams" and strong
caustic solutions with wvhich the publi
have be en so long humbugged, simpl:
palliate for short time. or drive the die
tease to the lunge. it produces a per
fet and permanenit cure of the wore
cases of Chronic Catarrb. "Cold in th
Head" cured with a few applicatio'v
Catarrh Headche relieved aud cured a
if by magic. It removes oflensiv
breath, loss or impairment of the seus
is ef taste, smell or hearing, watering (
weakness of the eyes, and impaire,
ymemory, when resulting irom catarri
"AN INFAMO'S SWINDLE."
This is the Way the State Describe% 'h
Circulation Business-Did the Clev%
Act Fairly in the Matter?
Editorial in The State, November 24th.
The advertisement asking for bids fo
the State printing is, by the Genera
Statutes, required to be given to "on
daily newspaper iu the city of Coluin
bia having the largest circulation.
This duty is placed upon the clerk o
the Senate and the clerk of the :iouse
The law is mandatory. !t says tha
these clerks shalt do as it directs.
The clerk of the Senate of the Stat,
of South Carolina is Sampsou Pope. H,
is so bitter an enemy of tLe State tha
he will not touch it or read it. Th,
clerk of the House, J. Walter Gray, i
a prominent member of the presen
Administration, which is notoriousl3
hostile to the State. Both of them ar
friends of the Columbia Register, -
moribund newspaper, which seeks t<
live by grace of the alms of the Admi
istration represented by Clerk Pop,
and Clerk Gray.
In order to ascertain the circulatiot
of the Columbia dailies, Clerk Pope ap
pointed as his agent the book-keeper o
the Rcgister, Mr. C. H. Beard. Clerl
Gray appointed an old employe of th(
Regixter, Mr. XV. M. Rodgers. Both wei
notoriously hostile to the State. Boti
were notoriously friendly to the Regis
ter. In recognition of the fact that Lh4
appointment of the book-keeper of i
newspaper assum*ng to rivalry witt
the State to examine the books of thi.
newspaper would be considered inde
cent, Mr. Beard's authority was with
drawn. Mr. Rodgers served. He saw thq
books and lists of the State. He know:
its circulation.
The advertisement had to be giver
out yesterday morning in order to ap
pear this morning. Clerk Pope las
last evening stated to a representativ
of the State that the clerks had maile(
this paper a communicatiou on th<
subject. Diligent search was made al
the postoffice, but no communicatior
from them could be found. He woul(
give no information as to its purport
At 1:30 o'clock this morning Cleil
Gray's lodging place was discovered
He was aroused and questioned, anc
said that the advertisement had beer
awarded to the Register because Mr
Rodgers' report showed that paper t<
have the larger circulation, and thal
the communication mailed had beer
intended to advise the State of thest
alleged facts.
We have several things to say in re
gard to this infamous proceeding.
The clerks of the Senate and HousE
are by law required to make the deter.
minatiou of the circulation questior
themselves. Upon them rests th(
responsibility and the duty. They un
lawfully delegated these powers to met
who hated the State. The man tne3
finally chose is recognized as a partisar
without scruple or ebaracter.
Tb report made is a flagrant an
wilful lie. Nobody knows better tbar
W. M. Rodgers,who has been for year,
an employe of the Register, and wh(
has seen the State's books and lists
that the Columbia Daily Register no
only has not a larger circulation that
the State, but has not a circulation bal
as large. In making his report he ha,
lied, deliberately and maliciously,witl
intent to injure the State, which ho
hates, and benefit the Register, whicl
he supports.
In accepting and thereby endorsin,
a report, so made, by an appointee s<
biased, Sampson Iope, clerk of thi
Senate, and J. Walter Gray, clerk o
the House, have broken their oaths t<
perform their duties, have knowingl2
accepted a lie as truth, and have car
ried out a conspiracy to defraud tbh
State of its reputation and to give the
Register a reputation which it coul<
ot otherwise poscess.
We charge WV. M. Rodgers with pert
jury, if his report is to be accepted a
one made on oath, and in any case w<
ebrge him with deliberate lying. WV
charge Sampson Pope with outrageou:
partisanship and fraud. We charge J
Walter Gray with outrageous partisan
ship and fraud.
The State will give Sampson Pop
$100; it will give J. Walter Gray $10
it will give the Columbia Register .$100
if Pope and Gray can induce three re
spectable business men of Columbia
advertisers in both papers, to make ai
examination of the t>ooks and lists c
the Statearud the Register, and p)resen~
a rep)ort justifying that made by WX
M. Rodgers, the man they selected t
do their dirty d@
We shall make'6se unfaith!ful put
lic servants as sick oLti'r slanderou
work as wve have rnidEne Columbi;
egistcr, their tool.
LEAD)S TO FIGIIT B3ETwEEN TIlE GON
ZALES B3RoTIIERs AND THE TwO
CLERKS.
Special to the G3reen,ville News.
COLUIBIA, S. C., Nov. 24-To'nigh
the matter culminated when A. I
Gonzales met General Gray in th
crowded lobby of the Grand Centri
Hotel. The occurrences that followe
are conservatively given accordingt
te most dispassionate statements from
witnesses obtainable.
Gonzales said to Gray : "I have bee
anxious to see yo)u to tell you sow'
thing I have been saying about yo
all day. You, or Pope, or Rodgers,
whoever is responsible for awardim
the advertising to the Registcr, an
the statement that the Register has
greater circulation than the ,State is
G--d liar and a fraud. Any ora
who will assert that the Registcr hn
half the circulation of the .State tells
willful lie.''
Gonzales repeated this, and said th:
it wvas an outrage on tl'e tax payers<
the State to have the award given to
paper with not half the States circuh
ion.
Gray asked if Gonzales had receive
his commiunicatiotn.
About this time N. G. Gonzales can
into the lobby, and, hearing hi
brother's voice, came up to him. Gr:
then said : "So there are two of yo
are there? Have I a friend here!"
At this appeal a tnumber of persor
immediately~ rushed up, and the c:
was heard, "Yes, lots of them."
Gray excitedly threw off' his ove
coat a~nd drew his pistol and said "Ar
man who says that I am a fraud is
d-d liar."
At this juncture Sampijson Po]
-came up anid shouted: "That's what
say, any man who accuses mec of frat
is a d-d liar."
-N. G. Gonzales asked him whatI
said, and upon his repeating it stru,
ehim in the face 'vith his left hand.
~'Mr. Pope is said by two-eye witness
to have made two attempts to draw~
'istol when he and Gonzales closedi
on each other.
T 'he two men fell to-the floor, cline
'.ing each other, Gonzales on top t
slaboring Pope. Pope stuck his tinge
ein Gonzales' eves and gouged thei
Gonzales called out to him to st
- gouging him. Gonzales states thbat
t did this because Pope's friends b
i.bold of his arms and he r ,ld
nothng. In some way the mnwa w
Soon parted, neither omo:: .u -
age to the other. (Onzd-s believes
that he was struck over the head by a
stick in the hands of some one in I le
crowd.
II the Iean timle A. E. Gonzalvs
had been facing Gray, who stood with
(!raw: pistol. Gmnzales advanced one
step, called Gray a d-d coward arnid
told him to throw away his pistol. as
lhe had none, and fig[t it out. The
struggle between Pope and the other
Gonzales got thes- two separated, and
General Gray remained in a corner of
the lobby for fully live minutes stand
ing erect with drawn pistol and pale
face. A. E. Gronzales continued to
curse Gray and his friends, telling him
be would whip any three of them. By
this time some of Gonzales' friends had
been attracted into the hotel and the
two brithers were taken Ip stairs.
The aflTir created the most intense
excitement and nothing else is talked
about. It is probable that to-morrow
will bring deveiopments in the matter.
Suits for perjury are talked of.
STILL ANOTHER FIGHT-MR. M. F. TIG lIE
AND MR. A. E. GoNZALES THE
CO.I IHATA NTS.
Co umnbia Evening Itecord, :.thi
f Another difliculty octCUrred this
morning. This time it was between
Mr. M. F. Tighe and MIr. A. E. Gon
zales. The figh t occurred in the lobby
near the entrance of the House of Rep
resentatives. The following facts are
learned from an eye-witness:
Mr. Gonzales met Mr. Tighe near the
hall of the House and stopped and
asked him whether lie was responsible
for the article in the Nrws and Couricr
this morning describing the Pope
Gonzales-Gray difficulty last night.
Ir. Tighe replied: "I ama."
'Mr. Gonzales then read the article
to him untyl he came to the passage
where it is stated, "Mr. A. E. Gonzales
raised both hands, saying he was uu
armed."
M 2r. Gonzales asked "Mr. Tighe
whether he was present and saw the
difliculty.
To this Mr. Tighe replied that he was.
Mr. Tighe had handed the manu
script which he had to a boy and was
standing with his hands in his pockets.
When Mr. Gonzales received Mr.
Tighe's last reply he said in a loud and
angry tone:
"Then you know that statement is a
G-d d-n lie."
Mr. Tighe asked whether the epithet
wns meant to apply to him.
Mr. Gonzales said:
"Yes, you are a damnn liar."
Immediately Mr. Tighe let fly his
right hand and struck Mr. Gonzales in
the face bringing the blood from his
nose. Mr. Gonzales responded by hit
ting Mr. Tighe under the left eye, mak
ing a gash which bled profusely.
The two men clinched and fell to the
floor. They struck and gouged each
other for a short time when they were
separated.
After being separated 'Mr. Tighe said:
I "You are my physical superior, but I'll
fight you in any way a gentleman
ought, and you have got it to do."
Mr. Gonzales replied that he would
fight him at any time he wanted.
Other eve-witnesses to the affray
state that Mr. Gonzales after choking
f Mr. Tighe voluntarily got up ott him
and that several inef'ectual attempts
were made by bystanders to pull him
off'.
I The affair caused intense excitement
amnmg the legislators presen t and busi
ness was practically suspended.
The friends of both gentlemen regret
that they should have come to blows
fand everybody 'n the city certaiinly
hopes that this is the end of whbat has
been a most disagreeable afl'air all
around.
'"IE FIGHTERS EEFORE THE MAYoR.
[The Register, 27th.]
Thbere was quite an unusually large
attendance at the M1ayor's matinee
yesterday, no doubt attracted by what
was expected wonld be an interestimg
investigation of the difficulties which
occurred in the Grand Central Hotel
lobby on Tuesday night.
Only two of the persons directly in
terest. M1r. A. E. Gonzales and Dr.
Sampson Pope, appeared. After hear
;itng the testimiony his Honor M1ayor
,McM3aster d ismissed both these gen tie
-men, there being no evideuce to sus
tain the charges against themi.
The other two gentlemen unected
with the difficulty, M1r. N. U. Gonzales
and Gen. J. Waliter Gray, will have a
hearinig this morning it is understood.
) THE HOUSE TO TAKE- TIlE MATTER UP.
[Columbia Record, 26th.]
SIt was rumored on the streets last
night that the House of Representa
tives would take official notice of the
Tighe-Gouzales fight which occurred
near the hall. It is said that a resolu
tion will be introduced the object of
which will be to inflict sonme punish.
merit upon the combatants for vio
lting the dignity of the House.
N. Ct. (GoNZALES DISCHARGED.
Li [The State, 2Sth.]
1 The investigation by ,the mayor of
the hotel lobby difficulty a few nights
ago was continued by the mayor yes
terday morning. M1r. N. G. Gonzales
was tried on the charge of disorderly
-conduct. MIr. P. MI. B3rice, eye witness to
the atlair, was again examined, telling
r the same story-. After hearing his te+
timony the rmayor told MIr. Gonzales
there wvas no evidence against himi and
di.charged him.
a M1r. J. Walter Gray was also up, and
e was defended by MIr. 31eLaurin, o:
S M1arlboro. The fact was developed that
he had pulled his pistol. The mayor
asked him for his excuse for carryinga
It concealed deadly wveapon, imnpressing
)f the seriousness of the ott'ense and re
a ferring to his high position. MIr. Gray
I- asked the mayor it he wanited to know
why lie had carried a pistol and ex
d pressed surprise, when his attorney in
terrtpted and asked for a continuaice
ie uutil to-day. It was granted.
CLERK SAMPsoN PoP'ESWEAftS HE HAI.
NO PISTOL.
S[Special to the News and Courier.]
s COLUMBIA, November 27.-Dr. Samp
-y son Pope, clerk of the Senate, request
the publication in the News and Couries
r- of the following affidavit, which bear:
y upon the recent unpleasantness at the
a Grand Central Hotel:
State of South Catolina, Richland
e County: Personally came Dr. Sarmpsor
I Pope and made oath that he has no
md owned a pistol sirce 18132; that he ha
not had a pistol on his person since tb
e election in 1s763, and that a borrowe
k ote; that lie made no motion in th
fight with M1r. Gonzales, either befor
es or during or at any other time, to drav
aa apistol, or that could be construed int
in an attermpl to do so.
SA MPSON POPE.
- Subscribed and sworn to before m
e- this 21th day of November, A. D., 1S91
rs J. 31. JOHNSON,
i. Notary Public.
PGEN. GRAY'S TASTE OF THE LAW.
d[Special to the News and Courier.]
o COLUMBIA, Nov. 29.-Gen. Gray w2
- re finedtwnty-fie dollars this morn
on accoiant of the recent difleulty at
the Grand Central Hotel. He was
represented by J. L. IcLaurin, of
Marlboro. In his statement to the
Court as printed in the Eve- ing Record
(en. Gray said: "I am not in the
habit of carrying a concealed weapon
nor do I approve of the habit, but on
the night in question I had every
reason to expect a personal attack to be
made on me by a man or men whom I
have reason to believe are my physical
superiors. Before I pulled my pistol
I heard some one say, 'Are you about
to pull your pistol?' and I understood
the remark to be addressed to one of
the 'Mtssrs. Gonzales."
Mavor Mc,:iEter did not fine Gen.
Gray the full umount of $40. He, how
ever, said that Gen. Gray ought to have
"stood up and fougbt like a man."
Gen. Gray resented this and told the
mayor that with all due respect he did
not desire such aspersions to be made
on his character, as he was a gentleman.
Mr. Brice, the reporter for the Evening
Record, was the principal witness ex
ained.
IN NEWBERRY.
"The Seceders ' Win the Aduiration of a
Vi.itor-rhe Churches, Etc.
[W. L. 'M. in A. R. Presbyterian.]
I returned yesterday from a trip to
Newberry County in behalf of the
Abbeville Mission. I went down to
Prosperity on Saturday night. Rev. D.
G. Phillips was at the c rs to meet nie
and took me to his home where I was
cordially welcomed. I learned from
Mr. Phillips that he would have no
services in his own church. the next
day as they had suspended exercise on
account of a revival meeting which was
going on at Cannon's Creek. So we
went up to Cannon's Creek on Sab
bath. Found a large congregation
already assembled, a good many being
seated in aisles. They have a nice
building. Rev. W. W. 3NcMMorries is
filling the pastorate acceptably.
Rev. W. W. Orr was conducting the
meeting on this occasion. He preached
an excellent sermon and was about an
hour and twenty minutes long,
but the interest did not lag. He
made some telling points. His sense
of humor is highly developed and
it seems hard for him to restrain it even
in the pulpit. The meeting continued
for several days. After Mr. Orr's ser
mon was over I presented the cause of
the Abbeville Mission and received a
good contribution. On Aonday I can
vassed the Prosperity church. Spent
Monday night at the hospitabie home
of Mr. H. C. 'Moseley. His own and
his brother's success in business is
phenomenal. In 1866 they started
business in a little room about 26x20
and with a capital of one dollar each.
Now they have an elegant store with
five separate apartments containing
groceries and general merchandise,
hardware, millinery, furniture, carri
ages, etc. I thought they might roll
one of their carriages out for the Abbe
ville M%ission and never miss it. They
are, however, liberal-spirited gentle
men and contribute to all public en
terprises.
I went up to Newberry Tuesday
afternooni and canvassed the mem
bership there by the next afternoon.
Was ettertained by Rev. McClintock
and Mr. Mower. Messrs. McClintock
and Phillips helped me out in every
way in their respective churches. Their
sympathies are enlisted in behalf of
Abbeville. They are both held in high
esteem by their people. I am also in
debted to Rev. Messrs. Orr and Mc
Morries for giving to the Abbevilla
cause their encouragement and appro
val. This is an unusually hard year
in money matters and cotton is dis
tressingly low.
Notwithstanding these facts and
although the calls upon them are many
and pressing, I4hink Cannon's Creek.
Prosperity and Newvberry have done a
good part by Abbeville. These Arb.
places contributed $107.50. Several of
these subscriptions came from young
men who are clerks in stores and one
of them fronm a young lady who is
serving in the same capacity. I was
certainly impressed with their cheerful
liberality. Several contributions came
from those who are members of other
denominations. This was my first
visit to Newberry County and I re
gretted very much that pressing en
gagements at home prevented my stay
ing longer. I have niany personal
friends in that county whom I esteem
highly and it would have afforded me
great pleasure to have visited them. I
admire the high stand which the Sece
ders of New berry County always take,
both in matters of Church and State.
They are invariably found upon the
right side.
Tie A. R. P. church at Prosperity is
quite new and it is one of the hand
somest churches in the county. Its
interior especially impressed me. At
niht a beautiful chandelier lights up
the house. Aud now, in conclusion,
allow mn to thank the good people of
Newberry for the many courtes:es and
kindnesses received at their Lands
during my stay.
In the United States Court at Dan
ville, Va., an old one-armcd Confede
rte, who had been found guilty ol
illegal distilling and sentenced to one
month's imprisonment and a fine of
$10), appeared before Judge Paul, also
an old Confederate, who said, as he
Itouched the empty sleeve: "Come
back here to-mnorrow morning and I
will consider your case. We old boys
Sare getting scarce, and, by thunder, you
~u ot go to jail. B3oth men wept, and
the case wa honorably disposed of the
nexte day.
Savages expect to imbibe bravery by
drinking the blood of their brave ene
mies. A more enlightened method of
vitaliing the blood is by taking Ayer'm
Sarsaparilla. It braces up the nerves
sand gives strength and fortitude tc
g n dre the trials of life.
BILL ARP FOR THE RIGHT.
He Stands Up for Marriage and the Sanc
tity of the Sabbath.
"Is marriage a failure?" We see that
question going aroung and being dis
cussed. If I knew what particular
marrirge they are talking about maybe
I could answer. I know several that
are failures. But as a general proposi
tion they might as well ask, "Is man a
failure, is woman a failure, is creation
a failure?"
But suppose marriage is a failure,
what are you going to do about it? Mr.
Ingersoll says untie the knot. Let a
man untie it for cause and a woman
without catse. His precise language
is, "I would give divorce to every wo
man who wanted it whether the man
had violated the contract or not '
Surely he dident mean that. He dident
reflect on the consequences. It is a
kind of "free love" that we thought
was abandoned even in New Englaud.
It shocks the judgment of all mankind.
What would become of the children if
the mother was permitted to change
husbands at her pleasure? Maybe in
her price she would want some other
woman's husband and so would destroy
the peace and happiness of that family.
Mr. Ingersoll's theory is to let every
woman float~ around loose until she
found her affinity, but sometimes a
woman loves a man that doesent love
her; what then? The poor fellow would
have to run away, I reckon, and if he
was uncommonly good looking another
woman would grab him on the run-in
fact, two or three might grab him and
fight over him, for the scriptures do
tell us of a time when seven women
shall take hold of one man. Good gra
cious! From such a calamity good
Lord deliver us. Mr. Ingersoll sought
to write a book on "Divorces Made
Easy," and tell us what is to be done
with the children-the poor little inno
cent things who wouldent have any
father to speak of, and hardly any
mother; no happy home, no parental
training, no comfort-for you see their
mother might be living with another
fellow. Mr. Ingersoll says that "pa
rents make a mistake in bringing up
children, instead of letting them grow."
Was there ever such theoretic nonsense
uttered by a learned and intelligent
man? We have all admired his beau
ful expression, his tenderness, his sym
patby, his exquisite pathos of thought
but his utterances in his late lecture in
Chicago would indicate toat the man
has lost his reason. In his desire to
obliterate the Bible and all its teach
ings, and he makes a stab at marriage
and training up children and at the
Christian Sabbath. He says that "a
man who says the Columbian fair
should be closed on Sunday is a 'monu
meut of impudence," He is welcome
to his company, for every bad man,
every inmoral woman, every anarch
ist, every lawbreaker is on his side. On
the other side are all the great and
good men of the centuries that have
passed from Milton and Shakespeare
down to Macauley and Gladstone. All
the greatest philosophers and poets of
the past 200 years stand as firm as a
rock upon the Bible and its teachings,
and it does not become one man, how
ever learned, to array himself against
them. To do that a man mnust be a
"monument of impadence." Dr. Samuel
Johnson, the profoundest thinker and
philosopher, says:
"Religion, of which the rewards are
distant and whbich is animated only by
faith and hope, will glide by degrees
out of the mind unless it be invigorated
by external ordinances and by stated
calls no worship." One man cannot
destroy the sanctity of thbe Sabbath. It
is strange that he wou:ld wish to. 1
beard a Jewish rabbi say in a public
lecture: "I do not 'oel-eye in your Chris
tian religion. It is not my faith M.r.
the faith of my fathers, but I would not
live in any but a Christian country,
under Christian laws and Chris 2.n
rulers. A Christian civilization has
done more for humanity and liberty
and progress than all others, and offers
the best protection to my children and
my property."
I do not believe that an agnostic or
infidel or gambler or cheat or swindler
if he has a family, would tear down
the spires of our churches or muffle the
sound of the Sabbath bells. Every man,
however self-debased, has a hope for
tue welfare of his children. Mr. Inger
soll lectured on "Liberty," and in his
enthusiasm over his subject, he wants
every man and woman and child to do
as they please, especially the women
and children. He says that "men are
slaves, and women are the slaves of
slaves, and children arc something
worse." If men are slaves, who are the
masters? If there is a ny slavery at my
house Mfrs. Arp doesn't know it, and
every morning at daybreak my rooster
crows, "Woman rules here," and I hear
it echoed over at Judge Milner's and
John Akins' and Dr. Kirk's, and even
old Uncle Simon Peter's ducks say,
"Quack, quack, thbat's a fact.'' Solomon
said:
"Train up a child in the way he
should go, for when he gets old you
can't."
And Pope said: "Just as the twig is
bent the tree's inclined." To my opin
ion there is most too much liberty every
where in this land of freedom. I am
certain the boys have too ach for they
shoot my pigeons in my own trees and
Mrs. Arp says we mustent say anything
about it for fear of hurting feelings.
Mr. Ingersoll wants them to grow up
as they please and frolic every day and
on Sunday to wake up and sing:
Welcome, sweet day of fun,
That saw the Fair arise;
The gates are open and I'll run
And fast mny longning eyra.
A.NOTHER REMEDY FOR DRUNKEN
NESS.
Dr. Kitto Calls His the Petroleum Cue
Won't Stop the Cigarette Hab!t.
[Fron the Chicago Tribune.]
RACINE, Wis., Nov. IS.-Dr. Robert
Andrew Kitto of this city has discov
ered a new treatment which he claims
is a sovereign cure for drunkenness,
similar in results to the bichloride of
gold cure.
In Racine, where Dr. Kitto is well
known, there is a diversity of opinion
as to the value of his discovery. Cer
tain of the people express the view
that his cures have been of a coubtful
character.Qther in tI tr
class are many who have taken the
treatment, and are therefore in a posi
tion to speak with a degree of author
ity, ascribe to the treatment all the vir
tues of the better-known cure as admin
istered at Dwight, .tll.
The prevalence of yellow fever in
Jacksonville, Fla., in ISSS resulted in
an offer made by Congress for a formula
which would prove a cure for this
disease. Thousands of physicians in
the United States prepared formulas,
among the number Dr. Kitto. As he
explained the results of yellow fever, a
weakness of the heart follows an at
tack, and in preparing a formula he
embodied certain drugs which he
thought would have the effect of stim
ulating the heart to its normil condi
tion without unduly exciting any of
the other organs of the body.
In case of delirium from alcoholism,
Dr. Kitto said, there is an anemia of
the brain due to weakness of the heart's
action. Dr. Kitto took up the studyof
drunkenness as a disease, and the for
mula originally intended for yellow
fever was altered, changed in its com
ponent parts, and reduced, as a result
of these investigations, until the "Petro
leun Cure," as Dr. Kitto has about de
cided to christen it, was brought to its
present state of completeness.
The first case of dipromania treated
by Dr. Kitto w e in January last. He
claims to have been successful with all
his first patients but one. Early in the
summer H. W. Dunlap, a prominent
Milwaukee lawyer, who was at one
time private secretary for Alexander
Mitchell. Wisconsin's railroad king,
went to Racine for the purpose of test
ing the cure. He was under Dr. Kitto's
care for three weeks. when he was dis
charged a well man. He has taken to
the lecture platform in behalf of Dr.
Kitto and his cure for drunkenness.
Dr. Kitto has a class of nearly a dozen
patients now, and he is thinking of
starting a large sanitarium next spring.
"I would prefer lo sell the secret to
some society, however,".said Dr. Kitto:
"that is I will sell it after I have com
pleted my. investigation and._am sat
isfied it is as perfect a treatment from
dipsomania as can be compounded
from drugs. I have understood the
Woman's Christian Temperance Union
has made an offer for Dr. Keeley's
bichloride of gold cure, which has been
refused. Should the society find merit
in my discovery it can purchase it. My
price? WVell, it is a little early to be
putting a price on it, but I should say
$100,000."__________
Things That Hurt.
[Douglas Breeze.)
We sell cotton by the bale and buy it
back by the handkerchief.
Our wool is sold by the bale and re
sold to us by the yard.
We could raise our own meat, yet
we buy our bacon in Chicago.
The material of which our clothes
are made is grown in the South, but
we prefer to pay the~ people of the
North to sew this material together.
We would import our wives and
children if we had to pay any. more for
them.
WVe rush our products off in a bulk
on a crowded market and buy by
piecemal when 'he dealers have dis
posed of the surplus we have rushed
upon them.
Fwill be buying our supplies in the
North before January.
We would buy our biscuits in New
England if our wives were not more
enterprising than we are.
We buy the education of our chil
dren in the North when we have a
better article at home.
Largest Family In the World.
How many Smiths are there in En
gland?
It is impossible to answer this ques
tion with precision, but there are data
from whieb an approximately correct
idea may be obtained. The registrator
general tells us that in 1826 it wa pos
sible to estimate, from certain records
in his keeping, that there were then
living in England and Wales about
25.3,000 Smiths, or one in every every
seventy-tbhree persons composing the
entire population. Supposing that this
estimate was correct, and that the same
proportion has since been maintained,
the statement may fairly be made that
there are now about 33.5,814 or over
one-third of a million .Smiths in En
gland and Wales. It is not quite es-v
to realize at once what an esjormous
number of people these figures reprc
sent.
The Legislature of the Cherokee Na
tion, which is now in session at Tahle
quah, sets a good example to white
men's Legislatures. Both the Senators
Iand the Couincillors are d:gnified in
their ways, and the business of legisla
tion i" conducted decently and with
gravity in the Cherokee and English
languages..They are elected by popular
vot+.e, a also the Chief of the Nation.
Or that other hymn now changed to
read:
Thineearthly Sabbaths, Lord, we love,
And to the Fair my feet I'll shove.
Now, I don't believe in penniag the
children up all day on Sunday with the
shorter catechism, but I do believe in
training them to have respect and rev
erence for the Lord's day, and to go to
Sabbath-school and church and read
some in the Bible. The devil has a good
cbance to work on them all the week
days, and it is well to fortify against
him one day In seven and repair the
breaches. I look around me wherever
I go, and I find th6 best people are on
the side of the church and the Sabbath
and the preachers. May our children
all stand or fall with them.
What a contrast to those sentiments
of Ingerst,ll were the old-fashioned, im
pregnable admonitions of Dr. Strickler
and Dr. Chandler at the dedication of
the Agnes Scott institute Inst veek.
What a feast of reason-what a com
fort to the parents who have daughters
there. I am tnkful that I have lived
to see that day and hear those senti
ments breathed out by noble, Christian
men-great-hearted, broad-minded ed
ucators, who are leading our people in
the only road to happiness. I am
thankful that I have lived to see this
splendid memorial to a good woman
a mother in Israel who raised up her
children in the fear of God, and taught
them to love and to fear him and keep
his commandments. We used to have
such women and their sons were heroes
and their daughters heroines in the
time of trouble. As Dr. Candler said,
I am glad that I have lived to see one
man who in active life gave of his first
earnings $111,000 to build and estab
such a school as this for our daughters.
Such a grand success as the Agnes
Scott Las never been known in Geor
gia-nor in the South, for it has sprung
up as by a magician's wand or the rub
bing of a genii lamp. One year ago it
it was not heard of, and now it is com
plete with all its admirable equipments
-the best heated, the best lighted, the
best ventilated and the best furnished
building in the South, and as an edu
cational institute has no superior in
the character and accomplishments of
the teachers. It is a home, a happy
home for our daughters-as near a per
fect home as can be outside of the fam
ily circle. Other institutions have
been laboring for years for the patron
age that this one has now and by au
other term the Agnes Scott will over
flow and have to decline many appli
cants. There is no effort here for show
or fashionable polish. A diploma from
the Agnes Scott will mean all it con
tains. I go there frequently and live
for a time in its sunshine and take
note of the sweet companionship of
teachers and pupils and am proud of
its nigh standard of scholarship and
morality and purity of thought and
conduct. If I was a young man and
was looking 'round for a helpmate and
a helpmeet, it would be credential
enough, and but little risk, to woo and
to win and to wed a sweet girl gradu
ate of the Agnes Scott if I could. Il
bet that a young man can't run away
with one of them. They will be hard
to please and harder to deceive, and
when they marry it will r.ot be done
in haste and repented of at leisure.
Dean Swift said that "the reason why
there are so many unhappy marriages
was because the girls spent so much
tine in making nets and so little in
making cages." They attach more imn
portauce to catching a lover than keep
ing a husband. That may be so, but
the men are worse. They cease to be
lovers too soon after marriage, ard the
trouble begins-the trouble that Mr.
Ingersoll would try to remedy by a di
vorce, but try in vain. Every wife
knowvs her duty and so does every hus
band. Let them perform it and be
happy and make the children happy.
Ti-re is an old gander at my house
who for many days has stood by his
mate hle she sits on her nest. She
plucks th own from his brelst and
covers her eggs. she leaves
them for food he escorts her to ~the
grass and escorts her back with a dig
nity and a devotion that are impress
ive. My respect for geese has greatly
enlarged since I made their more in
timate acquaintance. BIL L ARP.
Perils of Modern Life.
Contacts with electric wires, railroad
accidents, broken car and elevator
cables, explosions of steam, ,natural
gas and chemicals, poisons in adu
terated food and drink, are a few ; but
all these dangers combined do not kill
as rapidly as slow and sure Consump
tion. The death rate, however, from
Consumption, is being yearly cut down
since Dr. Pierce of Bulffalo, N. Y., has
given to the world his celebrated
"Golden Medical Discovery," a cure
for Consumption and Throat and Lung
troubles that lea~d to Consumption, if
takn ini time and given a fair trial.
The time to cure Consumption (which
is really nothing more nor less tnan
Lung-scrofula), is in the first stages.
A cough generally sounds the alarm,
and you should take the "Discovery"
at once. There is a time when it is
too late.
The difference in character between
the people of the various sections ot
Brazil, a country about as big as the
United States, are very marked. The
States south of the equator are indus
trious and enterprising, but the north
ern States, in which the heat is oppres
sive and the means of life ean easily be
got, are languid and indolent. ThE
natural resources of the northern sec
tion of Brazil surpass those of the
southern section, and yet the south
ens are more prosperous than thE
northerners.
A bald headed woman is, unusua
betore she is 40, but gray hair is comn
mon with them earlier. Baldness anc
grayness may be prevented by usins
Hall's Hair Renewer.