Historical Newspapers of South Carolina

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ELBERT H. AULL, EDIToI. ELBERT H. AULL, proprietors. Wy. P. HOUSEAL, j NEWBERRY. S. C, WED E 9, 1891. THE LEGISLArURE. For two weeks J have w .tehed the processes of legislation in South Caro lina. So far I have not missed a single session of the upper branch of the General Assembly. In this end of the capitol there has been little outside of routine work Lieut. Governor Gary presides with ease and the work glides smoothly along under his direction. He impresses me as being fair and impartial in his rul ings. I have received the utmost cour tesy at the hands of the presidiog officer and the Senators. Yet I have not felt any special longing or desire to occupy the position of Senator. Balf of this legislative session is over. Two weeks more of work and an ad journment will be had. The reader, no doubt, is anxious to know what has been done and what is likely to be done. That is the question about which I want to write. Before going to that point however, I want to say one thing, of which I have long been convinced, but which has been more forcibly brought to my mind during the past two weeks than ever before. We have entirely too much legislation of a local nature and all of our legislation is entirely too hastily done. Of the great "raft" of bills that have been introduced up to this time, at least two-thirds are of a local nature. Up to this time literally nothing has been done, and yet within the next two weeks a volume of five or six hun dred pages w ill be filled with new laws. I believe it would be better to have biennial sessions and sit for two or three months. It takes a new member at least the first two weeks to get the "hang" of things, as it were, and some do not get it in that time. The reader must bear in mind that these are "strange times and strange roceedings are in order." And fur th that L&C present administration wentiao power on the plea that this State had been ruled by an oligarchy, and that now the peop!e want to try their hands, and that we, the adminis tration, are the people. And further, that there was need and room for great and miraculous reforms in the conduct of public affairs. And further, that one session of the present Legislature has been held and its actions are part of history. If any great reforms have taken place, I have been unable to find them, and now we will search for them in the work of the present ses sion, True some new men have come to the front and now occrpy high places who might never have risen from obscurity but for their mounting the wave of popular discontent, but the question recurs to the ordinary voter, th,-i4er toiling masses afd"~aitboie~who helped to bring about this great revolu tion. How have we been benefitted? * What have we gotten out of all this? The last Legislature retired to private life, that greatest of Carolinians, who stood by his State whben she needed true manhood, and who never sought *public office-Wade Hampton-and put a new man in his place. What benefit have the masses reaped from * this? Just the other day William H. Wallace was defeated for a place on the Supreme bench. Than whom an abler jurist, a pure-r man never wore the ermine nor adorned the bench of South Carolina. Against whose character there has never rested even a shado-v of a suspicion. But these are strange times. Some men are grander in de-' feat than others are in victory. In these times, experience, past services to the State in times of trial and trouble count for nothing. Service to faction - is the slogan now. I do not wish to be misunderstood. I have naught to say against either of the gentlemen who have been successful in the two cases cited. But what has been done and what is likely to be done at the present ses sion? What reforms have been wrought and what are proposed to be wrought? Wherein have taxes been reduced and the expenses of government curtailed? No doubt many readers will remember that candidate Tillman in his speech at Newberry, when talking about the reduction of salaries, said he would save the people $100,000 annually if he was elected Gavernor. Well, he has been Governor for one year, and is starting upon his second term. The biggest thi ng done so fsc s the election of Judges to the spreme bench. As I telegraphed you last week Associate Justice McIver was elected Chief Justice in place of the late Chief Justice Simpson. A daal was mnode between his friends and those of Gen. Pope and he was elected unanimously. His place was then to be filled and the candidates were William H. WalWce, Judge of the Seventh Circuit, and Young John Pope, Attorney Genera]. The details of the election you can get from the daily papers. Gen. Pope was elected. It was a close run. Strong pressure was brought to bear by the administration in favor of Gen. Pope. I am free to admit that Judge Wallace was my first choice for the position. It seems to me that it would have been more in accordance with the eternal fitness of things to have promoted Judge Wallace, and' that is the view many of the administ ration members took of the situation. But then I s.m especially partial to: Judge Waliace.; There. is no man in South Ca'rolina for whom I have,a higher esteem than Judge Wallace. There has already been talk of Judge Wallace as a can didate for Governor next year. But that yet of course is only talk and no -one knows w hether or not it would be agreeable to Judge Wallace. I am for him for any office he wants, aganist the field, although I am not urging .i him for Governor- There has been some very severe criticism of Gen. 1 Poe. In tiMs T do not cnonur. It is but fair to him to say that he is as good lawyer as some others who have worn the ermine. I am sure he will apply himself and will not bring dis credit to the bench in this State. This criticism, which is the result mainly of partisan politics, can do no good. He is now Associate Justice of the Supreme Court of Sout..aroliua. General Pope as ~e recipient _4+nany telegrams and letters of congratulations from his friends in all parts of the State. The next election will be that of his successor in the Attorney-General's office. It is said that the ad9iinistra tion has sent forth the edict that it must be Maj. D. A. Townsend, the present Assistant Attorney-General. Then there are other ad%,inistration lawyers who want it, and there may be a triangular fight. The election will be held on Wednesday. Senator Wood ward, of Fairfield, has succeeded in getting through the Sen ate a bill prohibiting the use of free passes on railroads by members of the Legislature, State and County officers and Congressmen, and imposing a pen alty not to exceed a fine of $500. It makes it a misdemeanor for a railroad to offer a free pass to any of the officials mentioned. The bill excepts from its provisions Railroad Cormissioners and the Superintendent of Education. There was considerable debate over the bill but it finally passed. Candidate Tillman had a good deal to say in his campaign about the railroads "tam ing so to speak," State offleers and legislators by giving them free passes, and very soon after the present officers went into power they had been '.tamed so to speak," or at least they all had free passes. But now that taming process will be stopped by law. Senator Woodward, however, has been in favor of such a law for sometime. The time for paying State and Coun ty taxes has been extended to the 20th of February 1892, at least it has passed both Houses and I presume Governor Tillman will approve it if he has not already done so. A bill for taxing mortgages,notes and other evidences of indebtedness has has been discussed in the House. Its provisions were published in the last issue of The Herald and News. It has not yet been discussed in the Senate. In just what shape it is at present I am unable to say. At the last general election the office of County Commissioner was abolished as a constitutional office. There is now a bill pending to provide a sys tem of county government. It provides for one county supervisor who shall be elected by the people and gives the Governor authority to appoit one road commissioner for each township, these together with the supervisor shall constitute the county board of road commissioners, who shall have charge of the roads bridges, and ferries. It also provides for the working of able bodied male convicts upon the public roads whose term of service is no longer than two years. It also gives the Govemno the .power4o apgi feT (ree' commissioners of the poor for each county. The salaries of the supervi sors are left blank. This is an ad min istra tion measure.' The reader will re mem.ber that this ad ministration went into power with the watchword that the people had been under the rule of an oligarchy and also observe that this bill confers a good deal of appointing power upon the Governor. Senator Jeremiah Smith, of Horry, introduced a bill to repeal the privilege tax on fertilizer, but it was summarily killed, not, h owever, without Senator Smith being allowed to give his reasons for the bill. It will be remem bcred that this tax is one of the main sources of revenue for Clemson College, the tax amountiog to, gross, about *.53,000. Senator Smith said he did not introduce the bill on account -f op position to thle college, because the sup. port 'J~ that college was now a part of the settled policy of the State. But he was opposed to the tax because it was a class ta!: and paid by a class least able to pay it and without regard to prop erty. It came out of t he farmer. If it was right to raise a tax in this way why not extend the principle to every article of commerce and relieve the people of taxation altogether. While on this subject I might state that an appropriation of $6.5,000 is asked for the Clemson Agricultural College, in addition to the special funds set apart for this institution. The ap propriation will no doubt be granted. It will be remembered that we have been told on several occasions that this institution would not cost the State a cent. A pretty liberal appropriation is asked this year, and I am not opposed to it. I want to see a first class college and want to see it liberally supported, only I felt sure that if that was done the taxpayers of the State would have to foot the bills. One of the biggest things of the past week was the bill providing for the new county of Calhoun out of portions of Orangeburg and Lexington. Sena tor Keitt, of Newberry, made a strong speech in favor of the new county, but the Senate wvas against him, and the bill was killed. There are two other new county schemes on the tapis, one to be know nas Tillman County and the other as Edisto. It is not probable that either will pass at this time. The biggest thing of the past week, bowever, was the fight in the House n the prohibition question. A very rigid prohibition bill has been intro luced by Representative Childs, of Richland. Its main features are pub ished in this issue of The Herald and News. It has passed the House and yow the tight will be on in the Senate. ['he question is what will the Senate lo? No one seems exactly to know.) :t will probably be a close fight. At me time I did not thbink the bill wou!d ass but now I am inclined to the' >pinion that it will. If it does then another interesting question presents - tself. What will Governor Tillman< lo? The Governor's idea of .the pro- 5 iibition matter as contained in his nessoge is to take the reenue from its sale from the towns or ,ties and put it into the county treasury. A bill car rying out that idea is now before the Senate and has been twice killed t ut each time has been restored to the cal endar. I believe the bill would be a dead letter on the statute books if it passed, but it may be as well to give iL a trial now as any time, and eliminate this question from our politics, if thi, will do it. I have never been con vinced of the wiflom of statutory pro hibition, but then I shall urge no ob jections to a trial of it if the people want it. But this bill does not leave it to the people. Of the Newberry deiW gation Messrs. Scott and Hardy voted for it, while Mr. Blease was one of the leaders of the opposition. The Senate has decided in favor of holding a constitutional convention. That is, the question as I understand it is to be submitted to the people to vote on as to whether they want such a convention or not. Senator Smylhe, of Charleston, proposed an amendment to the resolution for a constitutional onvention providing that in -ase a convention was held and a consil ution adopted that the new constitution be submitted to the people for ratification or rejection. Tbis amendment was not agreed to. The resolution will no doubt pass the House. I have never seen the need of a constitutional con vention. The objectional features of the present eon-titution, it seems to me, could be remedied easily by amend ment. This is a reform that will cost the State about $100,000. And in the present condition of the public mind it does not seem to me to be a propitious time for framing a new organic law. This is a day of investigations, and the present Legislature has appointed several committees of investigation. What is known as the treasury reserve fund which Governor Tillman refers to in his message as a myth, is to be in vestigated. Ex-Treasurer McIver asks that the investigation be had. The management of the phosphate interests of the State for the past year is also to be investigated. And what is com monly termed the "Circulation Fraud" is also to be investigated. None of these investigations have yet beeT, completed. A bill has been introduced constitut ing what is known as the World's.Fair managers to consist of the Governor and one member to be appointed by him from each Congressional District, and one from the State at large, to be elected by the General Assambly. An appropriattion is provided in the bill of $1.5,000 for the cost of making the South Carolina exhibit at the World's Fair. The time for the election of railroad commissioner has not yet been fixed. Some railroad bill is to be passed first, and just what will be done I am usa ble to forecast at this time. Hon. J. A. Sligh, of Newberry, is a prominent candidate, and has been in Columbia a good portion of the time since the con vening of the Legislature looking after his interests. Mr. Blease has withdrawn his bill amending the Graded School bill for New berry. He says he was requested by a number of citizens to propose the amendment, and in consequence in troduced the bill. But upon the rep resentation to him by Mr. W. H. Wal lace and others that the change was not desired by the Graded School trus tees, and would probably work injury to the school he withdrew the bill from thbe tiles of the House. The salary reduction bill has not yet been acted upon, but it is hardly prob able that any such measure will pass. Well, what has been done and what is likely to be done? I have written about two columns in, I am afraid, a fruitless effort to answer that question, but I trust the reader is satisfied. Columbia, S. C. E. H. A. Congress met on Monday. Congress man Crisp, of Georgia, has been elected Speaker. There were thirty ballots in the Democratic caucus be fore a choice was reached. Mills made a good race, but Crisp "got there." Our townsman, Congressman John stone, voted for Crisp. The Amount of Money in Circul1ation. To the Editor of The Herald and News: For the sake of those who would like to have the official facts as to our money in circulation, instead of mere visionary fiction, I give herewith the exact figures as taken from the official monthly state ment of the Treasury Department to De cember 1st instant. It shows the general stock carried or issued to be 52,1 76..364,569. Of this amount there was in the Treasury $599, 102,499. and in actual circulaton $1,577, 262,070, that being a per capita circulation of $24,38, esiimating our population at 64,680,000. On the same date-Decem cember 1st, 1890-our circulation was $1,504,736.605. Thus we see there was an actual increase of circulation during the twelve months of $72,525,467. During the month of November alone-that is from November 1, 1891 to December]1, 1891, the net increase was $12769,909-and yet in spite of this showing we will no doubt continue to hear the same old stories of the government and banks con spiring to diminish the currency and op press the farmers. CIVIs. St. Luke's Dots. Three Newberry and three Edgefield aportsmnen went hunting in the Little Mountain section of Edgefield County recently. In one day's time they killed 33squirrels, 3 rabbits, 5 partridges md caught 3 opossums. The first land of this commnuni .btat as been sold at public auction at New erry for a long time was sold Monday, aleday. Four tracts of a certain estate were sold: S. B. Hawkins purchased ;ract 1; W. T. Gibson, 2: W. P. Beden >augh, 3; J. M. Traylor, 4. A tenant house on Dr. A. A. Kibler's fatthew Hall place was consumed by ire last WRdnesday morning about .5 'elock. Mr. G. S. Merchant and a ~ropper had from $123 to $1.50 worth of ~rops in the house, all of which was ost, as t he fire was under good head way when discovered-it is thought the, ouse was set on fire' by an incendiary. Mr. P. L. Nichols is building a resi lence near his father-in-law's, Mr. ohn Whitman's. EYE. 'Reiiable" Hams are still in the lead.I very day the demand for them in reases. If you want a nice, mild,I weet Ham, none can be found to equal a he "Reliable." Always on hand and t rriving at MCINTOSH's. 1 1y THE BANK CASE AGAIN. Judge I udson F!les a Decibion Declaring Mis Formner Decision Inoperative The Writ of Mandanui; Isoued. T he New berry Bank ease has taken a "e- tW7n. Judge Hudbon has filed r.ntherorder. He, finds he was mis taken and acknowledges his error in a manly way. 'T'he writ of mandamus, in accordance .vith his original decision, requiring the Auditor to change bis tax duplicates and tax lists,has been issued, and was yesterday afternoon served by the Sheriff. The Herald and Newr called upon Auditor Cromer yesterday afternoon. soon after the service of the writ, and asked him what he was going to do about it. Auditor Cromer said he was too busy thinking about it to give as yet any opinion on the subject. Treasurer Boyd says the Auditor cani(it have his book or make any changes in the taxes charged there on, unless he can get a receipt for the amount of the reduction. He has given a receipt for the total amount of the taxes charg-d on his book and if the charge against the baik is reduced, he is still responsible for the armiount of the reduction unless he can h:.ve the receipt that lie has al realy given changed to correspond with the amount of the reduction. It is an interesting question and the end probably is not yet. The Clerk of Court yesterday not i fied the Attorney-General by telegram of the order before the writ of mandamus was issued. Below we give the decision of Judge Hudson and also the writ of manda mus served upon the Auditor: JUDGE HUDSON'S DECISION. On the 18th day of November last, while holding the Court of Common Pleas for the County of Newberry, I heard this application for a writ of mandamus, to compel the Auditor of the County, W. C. Cromer, to restore to his tax list and duplicate the assess ment of the property of the Bank of Newberry, as lawfully fixed by the county boards and- afterwards increas ed upon the order of the Comptroller General. The prayer of the petitioning bank was granted and final judgment signed, directing the writ to issue. I announc ed my reasons for this judgment orally and reserve-i time to reduce the same to writing. Soon thereafter Court was adjourned sine die aid I started for home. On the morning of Novem ber 20, at Sumter, as I was about to take the hack for the depot, I was met by D. A. Townsend, Esq., Assistant Attorney-General, with notice of ap peal and application for an order stay ing the execution of the final judgment of November 18, pending the appeal. He stated that in his opinion the notice of appeal operated a stay of execution, but as there might be a question upon this point the Attorney-General pre ferred an order from me. It struck me at the time that noticeof appeal stayed further proceedings below, and without hesitation and without doubting for a moment, I signed the order and hast ened to the train. No statutes were asked -for and no argument was made, as none was deemed necessary. In the hurry of the moment I signed-what I regarded a superfluous, but harmless, order under the view I took of the pro visions -,f the Code, and the anend meat of 189, relying upon my recol lection of these Acts, not having them before mie. It is now mioved before me by the attorney for the bank to rescini myv order of November 20, upon theground that it was granted witbout notice of the motion, and without proof of facts going to show the defendant to he en titled to it; and upon the further ground that under section 452 of the code, proceedings in mands mus are not affected by sections 3453 and 35'7 of the Code in so far as a stay of proceedings pending appeal is concerned, nor by the act of 1889 amending section 3536. After hearing argument upon this mnotion, and after examining the stat utes, I am satisfied that I was in error in granting the stay of t' execution of final judgment, under a ecear mhisappre hension of the slattutes regulating ap peals to the Supremie Court. Section 4.32 of the Code is not affected by the Act of 1899,vol'ume 2), page, 355o statutes at large. This Act is merely amendatory of sections 34.5 and 35G; and in no manner affects section 4.52. So that proceedings in mandamus and prohibition still remain uunatfected t,y the chapter regulating appeals to the Supreme Court. Tlhe wisdom oif ex empting judgments in such cases from the operation of section 3~>G is manifest, because ordinarily a stay of judgnment. in muandanmus oIr prohiition pending appeal wou:d destroy the remedy, or render it nugatory. The case under consideration is a striking illustration of the fruitlessness of the judgment against the Auditor if the notice of appeal operates a stay, or if my order of Novem ber 20th is to stand, because before the appeal is p)erfected and heard by the Supreme Court, the Treasurer of Newberry will have en forced the payment of the illegally assessed tax, and the fruits of tile judgmenit will have been lost to thye bank. In signing the order at Sumter I did not regard it an act of judicial discretion, but simply an act of comnpli ance with the statute. In tils I was in error. If it is to be regarded as an act of judlicial discretion, it is very clear that it was discretion improvidently and impkoperly exercised, being donle upon an ex parte application and with out affidavits of facts and circumistances showing the respondent to be entitled to the stay. It is pos ible if riot proba ble that the order may deprive the bank of the benefit of the order for the writ of mandlamus. There is to my mind a more fatal ob jection to my order of November :20, than any w1hicb have been urged, and that is thbe question of jurisdiction. I had ceased to hold the Courts of the Seventh Circuit, and of course had no jurisdiction to sign an order affect ing a final judgment of any court in that circui-. In this cas.' I had ren dered the final judgment arid placed it on file. The fact that I had reserved further time in which to reduce to writing the reasons which moved mie to render the judgment did not grive me further con trol of the case. When a Judge has ceased to hold the Courts of any circuit other than his own, his jurisdiction ~ and atrbority therein are at an end. I He my reserve his jtulgmnent in a case submitted, and after leaving tile circuit may write his judgment and have it filed; or after his judgment has been I filed he canl direct the Clerk to cor rect a mere clerical error, see the case >f Chiafee & Co., vs Rainey, :ll 5. C.,t page 11. Furtner than this he cannot r ~o, except to hear from an adjoining ~ircuit certain motionls in certain l1 mrergencies specially provided for byd statute, but riot the motion made be-t rore mue at Sumter.6 The order I thbere signed on November t 0O is, in my opinion, after a careful ex tmination of thle Statutes arnd dlecis ons of the Supreme Court, an absolute 3 ullity, and should be so regarded andb reated by all parties to the proceedi ng n mandamus and by the oflicers oftbe r< .ourt. No order that f can now grant wonl iave any more virtue, because I aru nrtirely without jurisdictiorn to modify, ~everse or stay any final judgment renl- ai lered by me and placed on file, while n iolding the Courts of the Seventh Cir ~uit. If this view be correct the order C ~or thbe writ of peremlptory manldamus,E lIaced on file in the Court ot Commnorn 1 leas for the County of Newherry, No- v ~ember 18, 1891, at the suit of this re ator remains of full force and is not ni tayed. It was error in me to suppose te hat in reserving further time in which C o file a wrizten opinion, 1 had reserved on file. The pr-sent motion to recind I the order of stay cannot be granted for want (if jurisdiction, and I can do no more than to declare that order to be, in iny opinion, null and void. In conclu-5ion, I will remark that even if the order granting a stay was valid, it expires by the limitation ,r subdivision 6, section 402 of the Ce1-, after twenty days. having been graited Upon an e.r parfo- :ipplication, if tht section n!vct., order5 in ndamu", but according to section 452 it does noit, th6 --bject of the Legislature being to leave proceedings in iandamius and prohibition to be governed by the com mon law and former rules of practice until otherwise specially provided by the Legislature. I deem the order of November 20, signed by me at Sumter, to be inoperative and void for want of jurisdiction. J. I. H Umsos. Judge of the F,jurth Judicial Circuit. At Chanmberm, l)-e. 7, 1891. WRIT OF MANDAMUS. The fotowinzg i4 the writ of un damus served yestero.ay upoii Aitlor W. C. 'romer: Whereus, comp. 'lailnt was he,Trtofore made to the srud Court of Conrioin Pleas for th said county. nt Novem ber term, 191, by the National Bank of Newberry, against you the above named Wallace C. Croiner, as Audi o - of the sa.id County of -Nerwberry, clarg ing that you as auditor af-resaid had unlawfully assessed the person-l prop erty of said bank, relator, for taxation for the fiscal year eoimueneing on the first day o: No .ember, 1890, at the valuation of two iundred and thirty thousand dollars, while the value of the said property was lawfully fixed and established at one hundred and fifty thousand dollars, and that you had so unlawfully entered the valuation of the said property on your tax lists; and charging that you as Auditor as aforesaid had unlawfully entered upon yoar tax duplicates the sum of three thousand and one hundred and five dollars as the aniount of taxes payable on the said personal property for the said fiscal year, instead of two thous and and twetity-five dollars, the amount of taxes lawfully Iayable on the said property. And whereas, to an order by the said Court requiring you as Auditor aforesaid, to show cause why[a peremp tory writ of mandamus should not issue commanding you to correct your said tax list and tax duplicates in con formity with the said alleged lawful state of facts, you mnade a return, and upon hearing that return, and on ar:u gtument of counsel, thesaid Court (the Honorable J. H. Hudson. a Circuit Judge of said State, presiding,) ordered that a peremptory writ of mandamus be isstied by the Clerk of the said Court, requiring you to correct forth with your said tax list and your said tax duplicates in conformity with the facts alleged in the said complaint. Now, therefore, in pursuance of the said last mentioned order of the said Court, you are required and com manded to correct forthwith your said tax list, sovas to place the personal property of the said bank at the valu ation of one htundred and fifty thous and dollars, and also to correct your said tax duplicates for the said fiscal year, s! as to fix the tax collectible on the said personal property to corres pond with the said redAtion in the valuation of the said property. By order of the said Honorable J. H. Hudson. presiding Judge of the Seventh Judicial Circuit of the said State, dated tIe eighteenth d-y of No vember, A. D). 1591. In witnlesS whereof I. Ju1o. M. Ki naurd, as Cierk of the said (Court for the s id courity, have hereunto set myu siZ nature anti the sest of the said Court this cigt-th day of December, in the year of our Lord, one thotisand eight hu'dred and ninety-one. JonN M. KrNARnD, Clerk of Court for Newherry, Co.. S. C. The above forum of writ is suficient and proper. J. H. H UDsoN, Presiding Judge. LYNCH ING IN EDGEFIELD. sheriff Ouzts' son Killed by a Negro-The Murderer Arrested and Afterwards -Shot to Death by a Mob. [Spec.ial to News and Courier.) CoLCMatA. Decembler 7.--Governor Tillman received a telegramn to day ad visinig him of the killing of the son of Sheriff Oozis by Dick Lundy at Edire tield. The following te!egrams were .sent in reply thereto: "To Sheriff Ouzts: Do your duty and protect Dick Lundv. The law wvill punish the murderer. Call on the Edge field Rifies if necessary. I rely on you. "B. R. Tillman, Governor." "To (apt. Adams, Edgefield Rifles: Put your command at sheriff s disposal andl protlect D)ick Lundy at all hazardis. "B. R. Tillman, Governor.." Later in the- day the Governor tele graphed 0. F. Cheatham at Edlgefield to keep him posted as to the situation. Mr. Cheatham replied that all was quiet, hbut it, was expected that Lundy' would he lynched before night. The Governor then, hy telegraph, appointed J.S. lDurisoe State constabt!e,-a~nd direet ed him to take charLre of thme jail. At a few minutes after 5 o'clock a telegram was received from Mr. Cheathaum: "Th1e negro has been lynched. A crowd has just been in the jail and shot him." Later the following dispatch was re ceived frum (4. B. Lake: "Ahout 4 30 o'('lock a mob srot into the jail and sh.'t Dick Lundy to death." Governor T'illman's further action in the matter is tiron in the following letter from him to Solicitor Nel.Non,I who is here: "Sir: Informatio'r has just reached thisloffice thatjat neLro, Di)ck L~unndy by name. has been lynched in Edlg.fetd iail. You will please go at once to Edgefield Court House and make a rigid and searching examination of the mat ter and report in writing as to the following facts "First, What stepe if any had Shier if' Ouzts taken to protect the prisoner? "Second. Did the military company, he Edgefield Rifles, receive any orders romn the sherif fto ass'ist him in uphold-1 *ng the law.( "Of course you will take the most] rigorous steps to ferret out the men who did this lawvless dleed and have hem arrested, and if it shall become ieessary, as many State constables or nilitiamen as you need may he placed tt youri disnosal. T shall expect you o doynur whole duty and tosee that he majesty of the law is vindicated.'' wHAT SIIERIFF OUTZs SAYS. The following telegram was received ere to-night: "To Governor Tillman: While await ne the hurial of my son to-day. be ween 4 and 5 o'clock p. in.. a body of ~ nen fo;rced entrance into the jauil here, ( nd shot and killed Dick Lt2ndy, who :illed my soni. I regret and( very much ~ eplore the lynching. I had ordered be Edgefield Rlifles, to go to the jail at p. mn. and guard it. hut 'the lynching F nok place before they could get there. 'T "W. H. Ouzts. Sheriff." No detailed account of the killing of fr. James Ouzts by Dick Lundv has j en sent to the Governor. ATI that is nown here is the correspondence at eady sent. HOW YoUNG OVzTS w.As KtLLED. .Augusta Chronicle, 7th.] I Saturday night there was a hot supper nong the negroes on a plantation a few; iles from the tow' of Edgefield. Mr. James D. Ouzts. son of Sheriff n:ts. of Edfiefield County, and two of* - dzefield's town marshals went to the o'. supper with a warrant for a aegro -homn they exoeted to find there. While there Dick Lundy. a well-known 2 ezro, who has served a term in the peni- m ntiary, got into a dispute with young uts and shot him. The killing of yon Onzts greatly en Master's Sales. STA" OF SOUTH CAROLINA. COUNTY OF NEW BERRY-IN PROBATE COURT. Sa-Nb 1R. T. Chick, executrix. vs. Louisa V. J. Farr, et al Relief. 1Y ORDER OF THE COURT herein, I will ell at public outcry before the Court House at Newberry, on the First Monday in January, 1892, the real estate of Pettus W. Chick, yidg in the County and State afores.id, in the following parcels to wit: Tract No. 1 of the plantatiom lands ercntaining iTwo Hundred and Fortv six Acres and 98 100, more or less. arid bounded by Enoree River, :.ract No. 2, by lands of Mrs. M. C. Caldwell and William Wallace. Tract No. 2. containing Two Hun (rt,d nnd Forty-two Acres a::d 40 109, more or lss, lvivg on E-wr-p River. hounolt-d by tr:ats No. I mnd No. 3 and land.- of Nir. M. C. Caldwell. Traet No. . cotntaininig Two Hun lrtd and Twenty-eiaht Acres and 41-100. nore or less, bounded by Enoree River, tr-ts No. 2 and No. 4 and by lani, of Mrs. M. C. Cald wel. Tract No. 4. vont:ainig Two Hun dred and Twenty-1hrt-e and 78100 Acres. niore or less, aid bounded by Tracit N,). 3. Enoree River, Mrs. F. A. Calmes and by road which separates it from Joseph i'aldwell's land and Mrs. M. C. Cald well's land. The home place, containing Three Hundred and Eighty-seven and 30-100 Acres, more or less, and bounded by State road, by Oxner's land, Mrs. Sarah E. T. Chick, W. Whitner, and by lands of Mrs. W. B. Chaplin. The Whitney Tract, containing Theee Hundred Acres, more or less, and bounded by lands of William B. Whitney, Hannah Henderson and others. TERMS: The purchaser will be re quired to pay one-third of the pur uhase money in cah and to secure the balance payable in one and two years, with interest from day of sale by bond and mortgage of the premises. Purchaser to pay for papers. SILAS JOHNSTON E, Master. Master's Office, 8 Dec., 1891. STATE OF SOUTH CAROLINA COUNTY OF NEWBERRY-IN COMMON PLEAS. John M. Mars and others vs. Missouri Mars and others. Partition. TNDER ORDER OF COURT U herein, I will sell at public out cry at Newberry C. H., on saleday in January, 892, the balance of the lands in No. 4 Township, rf which James A. Mars, Robert Mars and Nathan Mars died possessed, containing eleven hundred and seven ty-eight acres, more or less, (1178) and bounded by lands of J. C. Hargrove, W. C. Cromer, Thos. P. Abrams, estate fJ. G. Houseal and others. They will be sold in four tracts, by plats-as fol lows: No. 3. Known as the Oxner Tract, containing 2821 acres, more or less: No. 4. Known as the Robert Mars Tract, containing 370 acres, more or less. Terms: One-third cash; balance in one and two years. with interest from the dny of sale, secured by bond of pur ahaser and mortgage of premises. Purchaser to pay for papers. STILAS JOH NTONE. Master. Masters' Office, 8 Dec., 1891. STATE OF SOUTH CAROLTNA, COUNTY OF NEWBERRY-IN COMMON PLEAS. Silas Johnstone, Master, vs. E. J. Holman. Foreclosure. Y ORDER OF THE COURT herein, dated November 1S91, I will sell at public outcry, before the Court House at Newberry', S. C., on the first Monday in Jan., 1892, all that lot of land (known as No. 1, of the real estate of Iten-:y Carwile. deceased,) in the State aforesaid, containing four tenths of an acre, more or less and hounded by lots No. 3 and 4 of the said real estate, and by the street and road to Newherry. Terms Cash. Purchaser to pay for pa pers. SIL A JOHNSTONE. Master. Master's Office, 8th Dec.. 1891. AUDITOR'S NOTICE. I OR AN AUTHORIZED P ~'ENT wilbe at the following places at the times named for the purpose of taking ret urns of personal property for thbe year 1892: At Newberry, from January 1st to 19th, 1892. Prosperity, January 20th and 21st. Williami Long's, January 22nd. St. Luke's, January 23d. Dead Fall, January 2~>tb. C. D. Spearman's, January 26th. Chappel's, January 27th. Longshore's, January 28thb. Jala pa, January 29th. Cromer's, January 30th Mayhinton, February 1st.. Glymphville, Februasry 2nd. Walton, February 3d. Pomaria, February 4th. Jolly Street. February 5th. Rev. J. A. Slign's, Februare-sth. And at Newherry until 'February 10th, after which time the law requires i penalty of 50 per cent. to be added. All notes and mortgages and moneys are taxa ble, and all persons between he ages of 21 and .50 years are liable to poll tax, unless exempt by law. W. C. CROMER, A. N. C. Sale of Personal Prop erty. W E WILL SELL ON THE MILL Lot, in the town of Newberry, mn Tuesday, December 29th, beginning Lt 11 o'clock, the following personal roperty of the estate of F. H. Domi lick, deceased: 1 Engine and Boiler, 2 Gins, I Press, Fot Shafting, Pulleys and Belting. larpenter's Tools, Blacksmith Tfools, 1 Desk, 1 Pair P1at-form Scales, &c. Terms Cash. J. L. DOMTNITCK, THOS. M. I JEL. GEO. B. CROMER, Qualified Executors. Decem her 8, 1891. las secured during 1892. V. D. Hlowells, H. Rider Haggard, ieorge Meredith, Norman Lockyer, Lndrew Lang, Conan Doyle, t. George Mivart, Mark Twain, tudyard Kiping, J. Chandler Harris, .Louis $tevenson,WVilliam Black, V. Clark Russell, Mary E. Wilkins, Frances Hodgson Burnett. n( many othber dissinguished Writers. Thle Sunial Sun the greatest Sunday Newspaper in the world. Price Sc. a copy. By mnail $2 a year. A ddress TH E SUN, New York. NOTICE. L L PERSONS INDEBTED TO - me will settle their accounts at I' e, as I am closing up my business. J. D. SMITH. hildren Cry for Pitcer's Castoria. for Infants ar "Castorias.w.nadaptocbnrmthat Irecommenditassuperiortoanyprescripton Iown to mO." H. A. Anczm, M. D., Ill o. Oxford St., Brooklyn, N.Y. The use of I CAstori&' I:s so universal and its meritg so well known that it seems a work of supererogation to endore it. Few are the intelligent famnilieo who do no, keep C:,4toria Cmms MT. caD I New York Cit7. Late Pastor Bloomingdale Reformed Church. - Tmc C&VfJLIM CHRIS PREI Do You Want Any 7 -IF S Don't Take Up Yot -- IN RUNNINC . Looking for a Su For your Father, Mother, Brotli Cousin or your Aunt JOHN F. AN! Look at E -CF WATCHES, SILVER AND P1 I HAVE A NIC SOLID GOL TO OFFER YOU THIU RINGS, PINS, NECKLACES, BRACEL CUFF AND COLO l 9006s SaI WRRl SLAUGATE TO CLOS THE BALA Our Stock e WE WILl ALL CLOTHD FOR CASI No Goods to be Charg Remember that all of OUR (( WE ARE NOT TO 1I $5,000 WORTII OF CLO'I in the next M1en's Suits worth - Overcoats wo'rth - - Trhis is your opportunity to get The Shoe House The best stock of shoes in When you need shoes come to u right. Come to see us. We mec MINTER& LEADERS OF L' Dress Goods I E ARE OFFERING THE Largest, Cheapest,a Newest ail Best Selected; Stock of Dress Goods in New berry. We have received in the past ten days over 81.000 worth t, of New Dr.ss Goods. Notice a Few Specialties ! ti Silk Warp 1Uenriettas. :8 inches wide. .. .. .. .. .. . . . . . *5 n 3-Inchi AII-W,,ol Tricot~... .. .. . 40'- or 15 Pieces Elegant St yles in 36;l-Ic d c Plaid and Striped Serge . a.. 0 Black Goods in Every Stylec and ti Every Price. .... ..... . .....w 50 Pieces Renfrew, Normiandie and' Westbrook Ginghan.is. for . . Allen, Gloucester, Windsor andI 3(r- k rimac C'alicos, Fas-.t colors . .. e W: The Celebrated "1B. V. A.'' (orset i for only... ... . ... . ... . -,e ca We cannot mention everything but will astonish you. Come and ar See! It is a real pleasure to show f:% our stock.er . D. Davenport & Co.1 Nebery S C id Children. CmstorfacsCoc,outpUn Sour Stomac,D= =pa=Erctin. Xils Worms, gives sleep, and promotes dl Wit umin edleatim " For several year I have recoimneded our .Castor* I anid shall always continue to do so as it has invariably produced beneficia EDwrx F. FARD, . D., The Winthrop,"1Mth Street and "th Ave., New York City. Sori, 77 MunMar SzM, NXV You. TMAS3 ing in ThIs Line, ir Valuable Time AROUND itble Prese er, Sister, Wife. Sweetheart, but just call at SPECK'S is Stock JEWELRY, .ATED WARE. E LINE OF D GOODS i CHRISTMAS IN AR DROPS, E l'S, SCARF PINS, [I BUTTONS, &c. (TED as lleDresenteff. F. SLEC1K, nI%e .eweIer. SE OUT ENCE OF if Clothing .SELL IG AT COST -1 ONLY. sd During this Sale. )ODS A RE NEW and that E UNDERSOLD. 'iiNG which must be sold 60 (days. $ 6 30 for $ 4 50. 15 00 for 11 50. 16 00 for 1:3 00. 20 00 for 15 00. 7S50for 5 50. 11 50 for 7 50. 18 00 for 14 50. a bargain. Do not miss it, the country to select from. s. We will always treat you an business JAM IESON, )W PRICES. [INAR D'S FASHIONS ILL BE THE GREAT ATTRAC mi during Fair Week. Quite a r is nmade over the large stock of Talor MInde G;armnents that is shov 1 t he em poriu m thbis season. 'The best essed mien and boys are coming here they know the merits, styles and ality of goods I am showing this soni, in Foreign and Domestic othes. Lots of patterns have. been 11 out, but have got them in stock When I hear a man declare he can't t suited( in ready made Clothes, I 't hlp thinking he hasn't half ed. 31ust have got into careless udls. Lots comze in here thinking at way, but to the best of my knowi g, I never had any to leave still lng prejudicedI after trying on these ilor 31ade ;arments. How can any e he anything but pleased when I as much as any tailor in the city, dI figure a good deal finer. More an one road leads to satisfaction. It t all withi a "tape line" and a "long We're fit:iing lots of these suits in all :des. Thzere'. style in them, that's iy everythinrg can improve, you ow. amnd if you feel a little bitter to .rd ready-to-wear clothes, give 'e other chance. Let it be her this time, and you w11li :e for complaint. Wy Hat, Furnishinig y' Depa.rtments are fu >d.- anid will grive you a v to select from. Th ~e'and well assorted so) ry thing here you will n Natch for thbe Gold Star eet you to the right p M. L. KINr