The Newberry herald and news. (Newberry, S.C.) 1884-1903, August 10, 1897, Image 1

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A'4 11"TABLISHED 1865 - - - NEWBERRY, S. C., TUESDAY, AUGUST 1), 1897. TWICE A WEEK, *1.50 YEAR 'PTIIIM?j nt?vkno I - - -a' ?Lill"AI l U lUfly THE DISPENSAI SAYS 'I HE THOUInBF lj LAW%V, I I av.1ii e a Little Tilt or taw Alatorial-A Good Natured ,rowd-Evainsand Mary Laso. [Special to the 8tate.-1 Greenwood, Aug. 5.--It was a very much delayed, a lnrge and a bit lively campaign meeting that was 4eld bore today. To begin with, the speaking did not begin until 2 o'clock, but the throng seemed to be hungry for campaign oratory and waited and listened until nightfall. The speaker j' stand collapsed early in the programme, but that made no material difforence. Col. Irby today was even more vigorous than usual, - and paid his respects to Governor Ellerbo in brief. There was a lively time for a few minutes when Col. Irby asked Mr. McLaurin to answer a question, and insisted on i yes or no answer, and Mr. Mc.Lrin was equally as poitivrin answering the llon his own way or not at all. This, Col. Irby urged, was dodging, which was denied by Mr. McLaurin, and there was a tilt as to whether there should be any answer or not to this and another question. Col. Irby wanted an unequivocal affirma tive or negative answer, and Mr. McLaurin demanded the right to answer in his own way. It ended in Mr. MeLaurin not recognizing the subsequent questions, and Col. Irby declining interruption for the an swers Mr. McLaurin insisted his right to give if any reply be given. There were appeals for fair play, and Col. Irby's retort was that he took his medicine like a game cock and McLaurin was mad, which Mc Laurin vigorously dor.iod. Chairman Magill introduced ox Governor Evans, who said lie did not create Greenwood County, but was born in this county and he looked upon his own people. He had no animosity against those who fought him fairly. He referrod to the last -ampaign and that he was even charged with dishonesty, but his pople knew him. Ho also dared to nake this race and was here to make the fight for this State. He said he .would not discuss State. issues, al= though he could not be frightened on them. He took up the tariff question without delay, and said that Bryan had repudiated McLaurin's position. He favored a direct tax, as this was -eonly way to let the people know whatwas being spent. Under -a di. ~ect tax Rhode Island would pay 16 times ths taxes of South Carolina, wh4lile as it is, the farmer pays the Sexpenses. McLaurin wvould plead the baby act. If he were right he need not plead persecution. He .2 said lie would prove that McLau in belonged to the Republican Iranks. Voice-Don't get scared1, McLau jrin. (Applause.) About this time the roar end of the plat.form caved in anid Evans said that McLaurin was too heavy a load for any Democratic platform to carry. (Applause.) With a wreck of a stand, the speaking wvont merri ly along oni the tariff schodlo. Ii he is wrong and Tillman's wrong, we will lick them both, said Evans. Are you going to elect him be use Tillmnan does some es-We believe in T1illmnan. E ~Js went on to say that Mc Iafin's cotton tax would simply cost the farmer 20 per cent. The moren saple was not raised, because moecould he matde on short staple cotton. If McLaurin woroe kept in congross much longer, the people would have to go around with flaps on themselves. The audience applauded much at Evans's defense of Calhoun against the "neow evangel." In talking of the negro Republican paper endors ing McLaurin, he said he called it "nigger" because he could not get ont of his raising and meant no dis respect. The south. rn farmer had nothing to protect, and it was all rot to get them to favor it in any way. Could t.x L on MoLaurin's wool and bagging votea, anc .0 of the crowd said, "Put it t< em." Somebody got into a row on th( fringe of the crowd,. and there waE an arrest that provoked excitement He said he was delighted with the reception he had received, and knom he could count on the good people ol Groonwood County. He was well received. Senator MoLaurin turned Irby'F broncho joke to his own use and said that was the kind of pony the people wanted. He said he could reply to every statement made by Governor Evans. He .has argued the tariff bill ns if the Democrats framed, it. Evans has put himself in the ranks of Henry George, Mary SL-o, Simpson and the other single t t rs and would tear loose from the fomocratid party. The people are already standing all the direct tax they cau, for it falls on the lands and mules and other visible property. In Delaware they have a single tax they are trying to got rid of. The Fedoral tax imposed under the bay onet is a sample. The banker and bondholder escape almost entirely. By the last consus Mrs. Lease and Governor Evans would impose on every farm of $1,000 a tax of $111, in addition to present taxes. This is neither probable or possible. He answered the Calhoun charge and said he always defended Calhoun. But he was not unmindful of the now conditions. Evans says things have not changed since Calhoun's (lays. He forgets entirely that slave labor has been swept away and things have changqd greatly. He then went to free raw materials and said he stood on the Democratic platform, which was against discrim ination of any sort. Irby asked if Calhoun did not change to free trade, and McLaurin said he did not, and the crowd went to hurrahing for McLaurin and Irby's friends broke in. McLaurin said he had the record, but did not have to go to "nigger" papers or Republicans. McLaurin contended that Calhoun declared against free raw material, just as he did. McLaurin tied Evans to Mary Lease so that some one hurrahed foi Mary Ellen. He explained the progress of the tariff, and stated that all the oppo sition to his house position came from northern Republicans. He claimed that the 20 per cent. duty on cutton was entirely fair-certain ly as Democratic as a higher duty on wheat in the Wilson bill. A duty of 20 per cent, on cotton could have done no harm and much good against foreign cotton. Today he fully ex plained the use of Akrnerican and foreign cotton and wools. If Ameri ca is not for Americans who is it for ? (Applause.) Mr. Evans talks about English clothes and hardly a man here wears a foreign coat or hat. The hope for onr country is to live at home. The time was over to talk about helping "you wool-hat boys" and the like. Voice-Didn't you say about the Reform party, during the Darling ton riot, it was going to hell and you were not going with it ? Mr. McLaurin said with such peo pie the whole country would be there. The Reform party, he saia, was all right. It was going to un load its useless baggage and was safe. It had given the primary to the people and stood for the people and their rights; but it was no time to talk about Reform. (Applause.) Hie wvent on to talk about the lum ber schedule after some young man said lie could explain Evans' state ment and was invited so to do. GJov. Evans explained what he said and then the speech went merrily along. Mr. MVayfield gavn Mr. McLaurin five uminutos of huis tinme. Then Mr. McLaurin went on to the rice sched ule and argued that no foreign cracked rico was used here except for beer making, lie said he was glad to see Tillmnan take such a man ly and honest position yesterday. They stood together and voted to geth.r on all tariff matters, as Till man said. He thanked the audience for its warm and enthusiastic reception, and promised to always worthily represent those people. Col. Irby said he would have to speak briefly because of the late hour and threatening weather. He, however, wanted to catch up with the liar, who always attacked the strongest man. He said he was fighting the world, the flesh and the devil. Ellerbe, Neal and Nic Gonzales. Ho first denied running as a loose horse or in combination with Evans or anyone. He was against the whole gang. The only combination was against him. The tariff was only used to mystify you. Gov. Ellerbe, he said, had prosti tuted his office and true Democracy when he kept the metropolitan po lice in Charleston. The policy is unwise and unjust, for CharlOston should be treated as Greenwood that was Democracy. There can be no true Democracy without local selUgovernment. These people wanted a new party, and picked up McLaurin, who had been untrue to his party, to lead. Why Gonzales had Ellorbe decide on MoLaurin's appointment before poor Earle was cold in his grave. This was indecent haste. It looked like the Reform movement and true Democracy would have no spokesman, but he took up the cudgel. He then went on to say why he was sacrificed last year. He was now the only Democrat running. The 9onservativos were Democrats, but erred in judgment. He was proud of his record, for it was without blemish. (A laugh.) Irby-You may hiss, but you will still be a goose. He said he was down here to keel) McLaurin and a few disgruntled people from destroying the Reform party. He asked McLaurin if he would oppose free raw material if Bryan or some other Democrat were elected and there was a Democratic con gress. - Mr. MeLaurin said he would stand on the Democratic platform, just as he now did. Irby-He won't answer yes or no. McLaurin-You can't put the an swer on my mouth. I will stand on the platform. Irby-He's dodging. McLaurin-No, I am not. There was much hurrahing. Mc Laurin and Irby both had the floor. McLaurin said he would answer the question in his own way and Irby said he wanted no dodging, but an answer, yes or no. McLaurin-You've got no right to ask a question and answer it. Irby-I'll take care of that. (Much hurrah ing.) Irby---Ho won't answer. McLaurin-You won't let me. Here there was applause and cries of "Give him fair play." Irby-I'll prove he only wants office. I've got him in a hole and will soon smoke the fox out. The basic principle of true Democracy was free raw material, free siv.. r, free sugar and theolike and he would vote for it no matter what others did. Col. Irby asked McLaurin how lhe stood on the dispensary. McLaurin said ho would refuse to answer the question unloss allowed to do so in his own way. lie said he thought such tactics unfair and he would not do so. Irby-You can't catch me. lie's getting mad. McLaurin said he was not madi. Irby-Why, he looks like four de vils are standing out on his face. McLaurin-Then they are the re flection quadrupled from your face. (Much applause.) Irby-Whenever you've got a man mad you've got him. Mr. McLaurin was asking to be heard. Col. Irby said he never kicked, but took his medicine like a game cock and would not allow in orruptions In his time. Mr. Mc Laurin sat down. Then ol. Irhy pounded away on Mr. MoLaurin and said that Me Laurin was strutting about Wash I ington about the timo of the Dar lington rebellion and talking about the Reform party going to bll and iipteahing the governor. He was against the governor then, but is now trying to swing on his coattail and was oven getting through like a calf to got at the teats. After a while he went for Governor Ellerbo, and said ho was as weak as circus lemonade, mado out of poko berries and spring water. (Laughter.) Neal, he said, was leaving his work running around the State on politics, and now they talk of a deal in Charloston to remove the metro politan police. McLaurin all of a sudden way up in the Piedmont talks of removing the police, when he never said so before. If there wore a deal he would tell the p0ople all about it some day. Ho has been denouncing the metropolitan police all along. It was no now thing for him. Ellorbo, ho said, was prosti tuting his offico to injure him and was discharging constables who would not work for McLaurin. One of his friends on the force who ro fused to walk the streets for McLau ri-i was dismissed. Col. Irby was quito vigorous today and had friends in tho audience. Mr. Mayfield said he would not speak 10 minatos on account of the late hour. He said lie had just heard that the new county acts woro to be attacked, but lie would say they were all solid and good. He said he had received a letter from Mr. Vance and would say lie thought Mr. Vance a good and honest man, but the system was wrong and could not and should not stand. It was now a stupendous failure. He briefly outlined his tariff views, after which tho meeting was closed. THE THUU0MOND CASE. Attorney (Acneral Ilt,ier Hias Returned. 'What lie Says. [The State, Ith.] Early yesterday morning Attorney General Barbor returned to the city from Edgofield, where lie has been conducting the prosecution of the case against Solicitor Thurmond for the killing of Will Harris last Maroh. Mr. Barbor wias completely exhausted from the trial. H3 says that it was his official duty to prosecuto Alr. Thurmond to the best of his ability, and lie did his duty without fear or favor. He says that lie had never consonted1 to ap pear ini a murder case before and would not have done so in this in. stance had it not been his diuty to (10 so. Mr. Barber says lie feels certain that lie did his full duty inasmuch as the father of the deceased came to him and tharkod him for the earnest prosecution ho had made. A gentleman who hoard the speeches in the case states that Mr. Barber mIade the effort of his life. All the speechos, lie says, woere uin usually fine and eloquent. A dispatch received yesterday states that the jury was out only 30 minutes w~heon it returned1 with a ver dict of acqjuittal. Solici tor Thur mfonld wvill no doubt resume the dunties of his office immediately. Take JOHNSON'S CHiLL &PFEVER TONIC.wan.UQa C~ampaIgnu A pinItmtsiii. Theo followviing are thme appoint monts for the senaitorial campaign now in progress in this State: Chester, WodneImsd1ay, Aug. 11. York, Thursday, Aug. 12. Lancaster, F'riday, Aug. 18. Kershaw. Saturday, Aug. 14. Choestorfiold, Monday, Aug. 16. Marlboro, Wednesday, Aug. 18. Darlingt.on, Thursday, Aug. 19. Marion, Saturday, Aug. 21. Ilorry, Monday, Aug. 28. Ooorgetown, Wednesday. Aug. 25. Williamsburg, Thursday, Aug. 20. Manning, Fridlay, Aug. 27. KFlorence, Saturday, Aug. 28. *"ORIGINAL PACKAGE"7 HAS BEEN DEFINE II JUDOE SIMON. TON. Shipments Loose in Cars Appear Allow able, But State Win Probably Test Point. (Special to the State.) Charleston, August 7.--Judgo Si monton handed down today his do cifiion in the cases involving the con struction of an "original packago" in commerce whicl- were argued bo fore him last wook at Flat Rock, N. C. The decision, as was generally ox pected, is something of a blow to the dispensary, in that the contentions of Attorney General Barbor woro not maintained savo in one case. The general interpretation of origi nal package stands, as understood by mniany at the time Judge Simonton diaided that foreign doalors had the right to soll liquors in original packages within the Stato and that so much of the dispensary act which forbade such sales was unconstitu tional. Judge Simonton construos an "original package" to moan the package as it is handed to the com mon carrier and delivered to the consignee. If the box or barrel is opened and bottles romoved such box or barrel ceases to ho an original package. By the terms of the decision as construed hero, liquor houses will have to ship their goodis into the State in a looso state, as was dono by the Guckenheiner & Sons, that the bottles may be sold individual ly. The decision is considorod a vic tory for Guckonheimor & Sons, as their agonts did not have occa sion to open barrels or boxes, the liquors being received in a loose state. The following is the full text of the decision: The United Statos of America, Dis trict of South Carolina---In the Circuit Court. Fourth Circuit. In Equity. S. Guckenheiier & Sons, vs. W. W. Sellers et al. Charlos M. Pfeifor & Co., vs. Perry D. Gilroath ott] al. Charles M. Pfeifor & Co., vs. J. E. Moorhoad et al. The Portner Browing Oo., vs. J. E. Moorhead et al. Those four cases, differing soiio what in detail, havo been heard to. gether. They all present the samo question, What is an original pack age? and before any of those can be decided this qjuestion miust be first settled. It has booen established by decisions which cannot nlow b)e questionled that liquors imported into a State aro subject to the exercise of its p)olico powver, whether brought in in orig inal packages or other wvise. And that when the use of intoxicating li quors as a beverago has booen forbid den by Stato la~w as injurious to the health, welfare or safety of;the State, no sale of such liquor can be made within that St ate, for such purposes, b)y any one either resident or impor ter. It has further been established by the decision of the supreme court that the dispensary law of South Carolina does not declare the use of intoxicating liquors as a beverage in jurious to the health, welfare and the safty of the State. That, on the contrary, the State itself imports in qjuantities and sells at a profit intoxi cating liqurs for use as a beverage. T1hat the prohibition by the Stato, is not the exercise of the p)olice power, but an interference with and a regu lation of interstato commerce. That under the Constitution of the United1 States such in,terforencoe andl regula tion areivoid. But theopolice power be gins when interstate commerce eods. The imported article wheon it comies into a State and becomes mningled with the other property of the Statt becomes subject to e11 infra statt commerce regulations. Anid ir South Carolina the State, in the ful and lawful exercise of her polic( :power, has both in the Constitutior and in the dispensary act, made such regulations which must be ohnenel Intorstate commorco protocts only thalt Which is tho subject of con morce, which is transported ovor tHi lineos of intorstato commullicationl, and only so long as it presorves th form and romains tho oxtict <iubject of importation. Whon it is brokon or whon it changos its form, when it pasios front tho importer to th buyor, it ceasod to ho an articlo of intorstato coililerco anld 11o longo Oljoys its protectioln. A catsk of brandy mity bo imiortmd into a Stato whose laws rooginize that intoxicating liquors can bo ld vantagoon.y used 1s a iboveorago; and ill thit, forim canl h sold by im. porter. But ho cI itannot caitingo tho form of tho package, nor opn it, nor draw fromit , nor soll parts of it. Ho Can only dal with it a ia wholo, if tho State laws rogulato or control, or illow the malo oil condi tion or ill it prvscribod mothiod, of jilt.ox'clt.ilg liquors as ibeverag. And unloss the Stato laws pormit. it, 110 purchitsor of tO impolt-od elask Can soill or disposo of it. to allothe0r inl any way in wholo or inl part. The origiail packaugo only -boing protectO un11dl tho 1w of intorstate Ct1omm1rce, th (uestion, whit. is aln origiaill package, is of gravo inkipor itnce. li arriving at it ownclusion Oil this (11et.ion io imaid is given from acts of Congress, as is afforded in as cortaining what is an original pack ago inl tho matt.r of cigarottos, faln othor articlo of int ( a1ito coiimrce Which froquetlly clash s with policu regulatiOis. Coigross inl sectionti 3392, 3381 of ti revisod stalutos has proscribed what. ShllII bO Wn ori ginial plckago of cigilrettes. Nc similar provision his hmm mtdc anywLero with regard to liiuors. For t.his rontHoll th casos qu1otod relitting to eigarttes calnot, aid usti. (Iin ro Mtinor, M) Fod. Rtop., 235. Stato vs. McGcegor, 76 Fod. liep. 957. Stato vs. Oottze 27 So. E. Rep., 22-. Ai oxamittation of th larg, num bor of cases whic1 havo boon (uoto by colitsol shows 1hat. Ow (Iost-ioli under discussion is 1irgoly a qIes tion of fact., dotrniiablo by th cir-cmuntitances of oach casme. A toxi writor ill tho Amorican Einglisi 1iyclopovdia of Iaw, Vol. 17 satys: "All original patekigo withil the solse of tIll int-orstat o coliimerc< regulationls is tho uilbrokonl packaig( imported into a Stato fromn antothol Stato or a forvignt country )for by sal1 or othorwiso it gots into Cl1 mass8 of ti.h genorai prop Irty ill th Stte " Tin' formi or' size of the packaug< the implorter dltor1iines for' hliInltH Stato vs. Wit.ors, 2 I Paii lie Itop (Kansas) (235. I lowever' smatll th packago matiy be, so lng 118 it is aLl origintal packa1(1go it, is prtOttd. (11 ro Boiino, 4I2, Fodl. Rop. 545. If, htow~ever, the pac1ka1gl as put1 i by the( imtportr contaRins, a1 1num1 boer of othc'r andi~ smailler packages ealcih 80eal0d, such1 as8 1boOr 1bot.1os ii a1 bairol, or' wino or wihiskoy iln a cat( to whiich would the terim oiginal p)ackago apply3, till bottles (oach or tilhbarroi (IIor bo? lTho (1eci(ded casos8 ar ntot uniiforI in thteir antswer to this quel(stionI. 11 State vs. Koeithi, 91 Ala., these1 wOr tihl facts: '"The liqIuor wats shIipplo by L4owenithali &~ Co., whiolosale( ai retail liquIor dolorsl) residlinIg Nashlvillo, Tion~n., ~in half- pinit ant quartit b.ott(los. IiThe bottles wer separately wVrapped0l inl tissuo( 1)ap) (alaod " 1)101'origmal11)RI packge" willi till nameo of thle liporter and( ship1 plor, inl an1 open1 box with hary lii with the nonbero of biottles, and1( thei siz0s, conltaineOd thtorOinl. Fromt th bill of latdintg iln evidenIco it iappoearo and( '25 jugs of liquior, and1( ther sipp)lOd at thll satmo timle wore 2 casks conitaiing blottles of be00r Rn three catsks conltainling bottles of ahi Th'is was don11e to falcillitato sh1ipmenot Ition sold( whiskey as8 till algenit c impIorter b)y the sinIgle bottle wrapp~ie an1(1dOl(lle 1as stated. Aftor at the b)oxOs and1 balrrels, nlot theO hoi tills, worol originatlR packaigos. similalr decisionl was 1mad(1 ini Soot D)akota, Stato vs. Chat pmani, 4 Northwestorn Rep1. l11. And1( als in Nebraska, Harley VS. till Stt 6 o rthbucstrn tnn) 962. And i Iowa, Stato vs. Coonan. 48 North. westorn 921, holds that the bottles if sealed without the State were the original packages and not the boxes or barrels in which they came. In Coninonwealth vs. Bookman, 31 At lantic Rop. 12, the court is emphatio. In that camo tbe agenw of a dealer in another stato received on consign mont pint and quart bottles of liquor, each bottlo in a pasteboard box, sealed with a strip of paper across the lid and stamped with the name of the firm. These pack ages came in )oxot and barrels to the agent, who unpacked them when they i.rrived and put the pastboard packages on the shelves. The court says on this state of facts: "The claim of dofendant that he was sell ing only in the original packages was little better than a burlosquo." The odoral case-i -re few in num bor. Judge Hall, of the district of Mississippi, hold (in ro Harmon, 43 Ved. Rep. 372) that when bottles of whiskey were put in a wooden box and so imj1p*orted, the box not the bottles was the original package. The circu.t court of appeals of the Seventh circuit, in United States vs. 132. Packages, 76 Pod. Rep. 364, discussos the moaning of the word package. "The tori package as used in section 3449 rovised statutes of the Uited States means overy box, barrol or other recoptaclo into which distilled spirits have been placed for shipment or removal, oither in quantity or in separate small packages, as bottles or jugs." Although none of those authori ties are conclusive, they greatly assist in roaching a decision. These ship. monts look for their protect.ion to the law of interstato commerce. It is that unit, the thing which the car ior receives, transports and delivers as an article of commerce which is prot.ected. The protection of the law is given to what which is imported through those channels and in this way. The importer do. cides for himself the size and form of tho packago which he sooks to im port. JI puts it up in the shape inl vhich lie wishes to import it, gives it the initial steps which puts it in transit, and so make it the subject of internftato commerce. "The origi nul package was and is the package as it existed at the time of its transpor tation from one State to another." (Stato vs. Winters, 25 Piac. Rep. 237.) "An original package is a bundle put up for transportation or comimiiercial handling and usually con sists of a number of things bound together conveniont for handling and convOyance.") State vs. Board of A moessor1, La, -S) An. St. Rp., 318. ) The ciso of State vs. Keith, U1 Alo. (8 So. Rop. 3541 ) oxprewios thiis idet clearly. "Morely labeling each bot - t.l original packago does not make it one if it was not really the original package. The term to pack in its or dinary signification, eslpecially when MHod in reference to carriage, m1eans to place together and proparo for transportat ion. As to make up a bundIe or bale or box or other re coptiacle. They (do not form as manmy -and seplarato packages as there are ar t.ieles, though they may13 be0 wrappled sop arately'. Th'ie case or b)ale in which sep1laralto articles are plalCcd to. gether for transport at ion cont itutos tile originial packages.'' So) in re. BinoiIt, 42 Fodi. 11t1p., 546tt, which hoh1(s >that the impllorter will be p)rotectedl . mi his impllortation, hlowever 51mal1l maiy bo then bulk of the p)ackage, do 'cidled that bottles could be0 origillal packages wvhen they woere seled( arid( , nilied upi separaitely, niot p)acked in I filn) other box. but shipped singly anid separately. This caseby tho way, is ait variance with tile P3enni sylvania cases <quoted by3 the attA)r. i noy general. (Conmuonw6althl vs. ImPul, 1.70 Pac. Stato, 234. 'Same vs. Schollenberger, 1~6; Pa: Sta~te, 200) andlIc its cnonclusion--is prelfeIrod to 1 t hem. R otail' trade a's 'voll as whmole saile trade, is included inithe idon of conimonrco. 1 Conlsidering tihese cases and the (a others <ptoted in argument, it ap1 ', pears thatt the original package I is the pafckfag dlelivored i)y tile iml - porter to the carrior ait the initial 1 plc of sh1ipmZlont in the exact con I' dition in which it wafs shipped. If r in sinlgle bottles shlipp)ed singly, or Li if in packanges of t hree or mxore I securely fastort'ed together and S miarked, or if in ILhox, b)arrol, crate t or ot her recep)tace, the single b9t ) tIe ini t-ho 01n ;inlstanice, the thl::le LI or mroro b)ott los ini another jinstance, '. thie barrel, b)ox, crate or gther recept .faclo respectivelly constitute tle orig f inal package. If sold or 'delivered :1 it muist be sold or' de,ivjored as shiip ai 1)ed andi received. If the p)AckaIge t 1)0 >roken after such- delivery it - comes within tile policoY togulal,ions Sof tile - State and1(- sale or -do hi liver'y in such case is unlawful. 7 Let an ordler 1)0 prepared in each 0 caso5 inl accordance with tiis opin. ', ion. Chiarles II. Simonton, n - Circuit .Judge.