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a-at ____.....hi enitb aubco -1. o - - C T OCT BE 121 ____ EWBERRY, S. C., T UESDAY, OCTOBER 12, 1897. TWICE A WEEK *15 ET lt Patent Flour-..--........... $6 2nd Best Flour ........... 5. Strait Flour .......................,.5. Good Ordinary Flour.... ..$4.00Q5. Sugar ................. ..... .. R ICO ................................ . . Coffe..... - . b.i.i. Hu~~j eerispiinearlej V resent Laws. Seial to the State.) Charleston, Oct 9.-Judge Simon. tontrendered this afternoon decisions in;tWo;bf the dispensary cases which were argued before him several days ago. In both cases, the -St ate wins a victory and the original package starewwill*have to remain closed. In thelcse - of the Bailey Liquor Co. against Constable W. G. Austiin and others, involving the right of conducting an agency at the town of Greenwood, Judge Simonton decides that Greenwood being a.prohibitio town, Atul the sale of liquors bei forbidfba by .both' the Legisla re anditheordinanceu of the town, the original package stow-efinnot be maintbined. ufjudo Simonton do e1lIthe dispensary law has not repealed the previous acts against the salW of liquors either in fact or by implication and that the act of the Legislature of 1892 and the or dinance of the town are valid and still in force. Judge Simonton holds that liquor cannot be sold even by the dispensary Without re pealing the laws now in effect. The act of the Legislature and the ordi nance of the town council are lawful exercise of the police power, Judge Simonton decides, and the rule is therefore discharged. - In the case of J. Logan GibHov against T. J. Iaariuon ar.d others, Judge Simonton decides that the town of Woodruff occupiesabout the - same relation that.the town of Green - -,ood does. In this case he holds tlat the act of 1876 forbidding the sale of liquor within three miles of the Bethel Baptist church and the Bethel academy is still' in force and the rrlo. in this -case is also dis charged. The decisions are as follows: The United States of America, Dis, trict of South Carolina. In the - Circuit Court, Fourth Circuit. In Eqity. Bailey Liquor Company. vs. W. 0. Austin, A. V. Eichelberger and J. A. Mays. The complainants opened by their duly authorized agent, an original package store in the town of Green wxood. They were offering for sale in~ original packages ..wines,-whiskcey aba-bre he respondents, State constables, with others who were acting under the authority of the town council, closed the store and - seized the liquors. A rule having been taken out against them for this seizure, they filed their rote.rn. Among other things th'ey say that the sale of intoxicating liquors is forbidden in the town of Greenwood, poth by act of the Legislature and by an ordinane of the town council, passed under the, authority of the Legislature. By the amended charter of the town of Greenwvood (1i Statutes at Large 225) the town council was in vested with full power to make all such rules, by-laws and ordinances respecting the roads, at roots, markets and police of said town ,as shall ap pear to them necessary and -requisite for the security, welfare, good gov ernment u96d convenience of thie same and /for preserving the health, peace dgood order thereof. The g,.power is conferred upon the town.council of all towns of not less than 1,000 nor more thap 5,000 ,in habitants by A.A. 1896 (22 Statutes at Large 07). This. last act was passed pursuant to the plovisions of the constitution of 1895, article 8, section 1. The ordinance of the town of Greenwood, forbidding the sale of intoxicating liquors within that town,- was passed in the exer cise of this authority. In 1882 (18 Statutes at Large 1075) he Legis lature passed an act forb dding the sale of spirituous; and intoicating lIquors within .the limits of the town of Greenwood, or within two miles of said corporate limits, except with tha cnsent of 'tmo-thirdA.o he t. d18JpO1 . . voters of said town at. an had for that purpose. 0. 1/ hs act, and the ordinance aboi e ferred to, are both without doubt a valid exorcise of the police power, 'and if not modified or repoaled by subsequent legislation, must control this case. It is urged by the complainant that the soveral acts of the Legisla ture which contain what is known as the d'sponeary law has in effect re pealed all legislation whatever theretofore existing upon the subject of intoxicating liquors. They con tend that there are no longer any municipal communities in this State protected by prohibition laws, and that tlie' sale of intoxicating liquors is or-can be. made lawful any where ip-this State, the most stringent leg -'islation to the contrary notwithstand -ng. None of these"cts in terms repeal -the statutes forbidding the sale of intoxicating liquor in various locali ties throughout the State. If these are repealed it must be by i:nplica tion. Repeals of statutes by impli cation are not favored and are never admitted when the former can stand with the now act, but only when there is a positive repugnancy be tween the statutes or the latter is plainly intended as a substitute for the former. (Chew Hoong vs. The U. S., 112 U. S., 580.) The act of 1882, above referred to, is not limit ed as to time. A perpetual statute (which all statutes are unless limited to a particular time) until repealed by an act professing to repeal it or by a clause or section of another act directly bearing in terms upon the particular matter of the first act notwithstanding an implication to the contrary may be raised by a general law which embraces the subject mat ter-is considered still to be the law in force as to the particulars of the subject legislated on. (United States vs. Gear, 3 How., 120.) The repealing clause of the dis pensary act of 18906, the summary of all the other acts (22 Statutes at Large 123) repeals all acts inconsist ent with that act. So far from be, ing inconsistent with the dispensary law, the act establishing the dispen sary itself recognizes the existence of this prohibiting act and of all others of like character. It makes an exception in the authority to es tablish a dispensary in any part of the State, of any county, town or city wherein the sale of alcoholic li quors was prohibited prior to July 1, 1898. In such cities, counties and towns no- dispensary can be estab lished except with the consent of the qualified voters voting at an election to be ordered on the petition of one fourth of them. Until this is done the prohibition is absolute. In the act of 1882, prohibiting the sale of intoxicating liquors in the town of Greenwood, a provision essentially similar in principle is made. No intoxicating liquors can be sold in the town of Greenwood except with the consent of the qualified voters, voting at an election called for the purpose of ascertaining their wishes on this particular subject. This being so, the act of the Leg islature of 1882 is still of force. The ordinance of the town council is a valid, ordinance. Under the law as it now stands, no one, whether representing the State or a private person, can lawfully sell intoxicating liquors in the town of Greenwood. So far as that muni cipality is concerned, Intoxicating liquors are not an article of com merce. Under the provisions of the act of Congi-ess of 1890, commonly known as the Wilson act, intoxicat ing liquors coming into the town of Greenwood are subject to all laws and ordinances passed in the lawful exercise of the police power. The act of the Legislature ini question rmd the ordinance of thie town are the lawful exercise of the police power. The rule is discharged and the bill Is dismissed with costs. CHAnLEs H. 8IMONTON, Oct.9, 197. Circuit Judge. The Umited States of America.-Dis trict of South Carolina-TIn the Circuit Court, Fourth Circuit-In Equity. J. Logan Gibson vs. T. J. Harmon, et. al. The complainauts, non-resident of South Carolina, opened an original package store In thS town of Wood ruff,. conducted by their agent duly authorized thereto. They exposed for sale therein intoxicating liquor in original packages. The respond ents, some of them State const.ables, and others acting under the munici. pal authorities of said town, seized the liquors, closed the store and prosecuted the agent of the com plainant. A rule was issued against respond. ents to show cause why they be not enjoined from proceeding farther therein. They have filed returns and. for cause among other things show that it is not lawful for any one to sell intoxicating liquors in the town of Woodruff. Woodruff is a flourishing town on the Charleston and Western Carolina Railroad, having church-s, one of which is known as Bethel Academy within ite.territory. The town was incorporated first in 1874 (15 statutes at large, 1874.) In 1870 (10 statutes at large, 151) the legislature of South Carolina passed an act to prohibit the sale of ardent spirits within three miles of the Bethel Baptist Church and Bethel academy. This act has no period fixed for its duration. In 1887 Woodruff was again inoor. porated (19 statutes at large, 1121) with a new and full charter. No power whatever is given to the town council to authorize the sale of spir ituous liquors. This is studiously omitted. Tho act of 1876 is one of the very many acts of similar character, pro. tecting church and the congregation* worahipping therein from the danger, annoyance and insult resulting from the proximity of saloons and the sales of intoxicating liquor, in their immediate neighborhood. The in tention of the legislature to repeal them must be declared in language plain, direct and not to be dubted. The complainants contend that the dispensary acts effect this result. And that the act of 1870, above quoted, is no longer of force. For the reasons given in the opinion in the Bailey Liquor company vs. W. 0. Austin et al., just filed, this position is untenable. This -ct of 1897 is without doubt a lawful exe'rcise of the polic, power for the sale of intoxicating liquors within three milesof the Bethel Bap tist church and the Bethel academy, covers all the town of Woodruff. It is made effective under the Wilson act against all persons whomso ever. The ruie against the respondenta is discharged and the bill is dis missed with costs. CHAnLRs I*. SIHoNTON, Circuit Judge. Oct. 9, 1897. This result was generally expect ed here. Take JOHNSON'S CIJ1LL & F3VER TONIC.. -aQ An Ancenit P'rayer. [lFrom Household WVords.] Old John 'Ward, who was pilloried by Pope in the "Dunciad," and who actually stood in the pillory in the year 1827, when he was said to have been worth ?200,000, was, neverthe less, a pious man. He had large estates in London and Essex, and did not omit to pray for their welfare in the following manner: "0 Lord I beseech Thee to preserve the two counties Middlesex and Essex from fire and earthquake; and as I have a mortgage in Hertfordshire, I beg of Thee likewise to have an eye of com passion on that county; and for the rest of the counties deal with them as Thou plaest." THE FARMERS' COLLEGE CLEMSON's NEW PItI4DUNT, REV, H ENItY S, IIATTZOO. Inducted Into Odaee-Inaugural Addres. High Apprecaialon of the leponIbill. the and Dutle4 of the Ofdc4-A oraud Educational Platforan. (Special to The Register.) 0lemson College, S. C., Oct. 0. The now president of Clemson College, Rev. Henry S. Hartzog, ar rived here yesterday afternoon, to assume the duties of his offlce. Ao cording to his own request, the in augural ceremonies were informal. This morning, after the chapel exercise, Col. M. B. Hardin, in his usual pleasant style, introduced the newly elected president and wel comed him on behalf of the faculty and students of Clemson College. President Hartzog replied sub stantially as follows: ~ "I realize the grave reoponsibility that resta upon me, and I fool the need of the hearty co-operation of the students.. Down in the secret infoldings of your hearts is burning a desire to make Clemson the fore most college in the South. You have it in your power to gratify that ambition with an enthusiastic faculty, selected from the beat talent in the United States, with buildings and equipments to satisfy every demand, supported by a generous legislature, guided by faithful trustees, idolized by a confident 'patronage, the re sponsibility for the future rests largely with the student body at Clemson. "The world will judge Clemson, not by its proiisos, not by its cata logues, but by its fruits. Young gentlemen, you will go forth as liv ing epistles road of all men. If you go as scientific farners, to convert bleak hills into blooming fields; as skilled mechanics, to -harness the laughing watozs and turn the wheels of industry; as soldiers, competent, should it become necessary, to lead our people into reluctant but right ful war; as scholars to guide the cur rent of modern thought-the mis sion of Clemson will be justified. "I have an abiding faith in th. young men of South Carolina. I am-firmly persuaded that the Clem son cadets realize their noble op portunity. I would have you feel a proprietary interest in the welfare of Clemson. I would have you feel that the success of Clemson means your success in life, aud the failure of Clemson means your failure in life. "In my educational platform are three main planks. "In the first place, I favor every thing that conduces to accurate, com. prehensive scholarship. Learning is the chief business here. Lord Brougham has said: 'An educated man is one who knows something of everything and everything of some thing.' At Clemson a broad found ation of general knowledge is laid, and on that is erected a superstruct ure of special knowledge. "I favor everything that promotes bodily development. I heartily sym pathize with the military feature, because it is a means to an end. I stand for college athletics, but with this qualification: Athletics should never trench upon the serious and sober work of the college. "I favor everything that tends to promote the spiritual interest of the college. Character is the ultimate object of education. Christ is the 'condescension of divinity and the exultation of humanity.' Character based on that Christ is lasting. In derision, an inscription in Latin, Greek and Hebrew was p)laced over the crucified Redeemer. That in scription read; 'This is the king of the Jews.' The Romans wore the exponents of brute force; the Greeks of mental force; the Hebrews of spiritual force; and Jesus Christ is the perfect exponent of all-King of body, mind and soul. "Young gentlemen, there is my ideal. When these magic words, 'Clemson Graduate,' are stamped upon the brain, I would have him stand before the world a king of body, king of mind, and king of sount "Permit me to acknowledge the debt due my distinguished predeces sor, Mr. Craighead, who guided the institution through the perilous period of organization, and to Prof. Hardin, who has shown a master hand for the past few months. I come not as a revolutionist, but a co worker, to carry on the work. I come to consecrate hand and heart to Clemson." (Applause.) 1RANTINO HIKlt PiViLEURS. A )Decision Wit Don Not Decide is non1 dered by the Supreme Court lu a Case Isavolving a Question of treat luipor tamov to the People of the State. Columbia, October 7.--The only hope of getting an early decision on the -ight of the State board'to grant beer privileges was in the Lanotto Smith case. The Supreme Court has decided that case, but has not determined the right of tho State board to allow thone privilogus, but let t*e case go off upon a question of jurisdiction. The issue was wheth er Judge Gary could comnpol Magis trate Smith to issuo the warrant against the beer privilege agencies upov the affidavit of Mr. Lamotte. In delivering the opinion of the Cour it Justice Jones holds, in the main, that these were applications for vrits of mandamus to compel J. M. 8mitb, as a magistrate for the city >f Columbia, to issue arrost war rantt of seizure under Section 22 of the Dispensary Act against John C. Seegers in one case and Charles Na rey in the other, charged with the violation of the said Act. The two cases for convenience were heard to gethor. They wore heard by Judge Gary, Judge of the 5th judicial cir ouit, at Chamberp, in Newborry, while holding the October term of Court. for Newberry, in the 7th circuit. This is an appeal from his orders is suing the writs commanding James M. Smith, as magistrate, to take the affid.vit of the relator and issue the warrant as prayed for in the peti tion. The first question presented is whether Judge Gary had jurisdia tion to hear and determine such ap plication for mandamus at Chambers in the 7th circuit. These causes arose in the county of Richland, in the 5th circuit, of which Judge Gary was Judge, and when the writs were issued Judge Buchanan was holding Court In the 5th circuit. Judge Ga ry, sitting as a Court in the 7th cir oult, would havo no jurisdiction to hear and determine an application for a mandamus arising and triable in the county of Rlichlaud, in the 5th circuit; therefore, according to the cases quoted in the opinion, be would have no jurisdiction to hear and do ter mine such application at Chamn be In the 7th circuit. The fact that he was Judge of the 5th cIrcuit, wherein the cause arose and was tri able, cannot alter the question, since he did not exercise the Chambers jurisdiction of the Judge of the 5th circuit within the 5th circuIt. Hav ing came to the conclusion that Judge Giaiy was without jurisdiction in the premises the other questions pre sented are not considered, as they do not properly arise. The orders ap pealed from are reversed and the p)roceedings dismissoed. Justice Gary, In a separate opin ion, fully concurs with those of Jus tice yones, though arriving at his conchl'ions in a different line of ar gumnenct. TShis Old, ()outsry. Trhis ol' countr-y, fura an' fr-ee Good enouigh for you an' met; Cloudy sky, Or . ot an' dry~ Nuthin' over- lays hier by! Har-d times come, and hard tlimes go Sunshilne tangled up in snow; Rlain or shine, S3he's right In line TVake.hor- every time in mneu! Don't she do her level best Shake the blossoms east an' westy' Cr-owns the land With har-vest grand Hhe's the country, fur an' fr-eo Good enough for you an' ume; Cloudy sky, Or hot an' dry Nath in' aver lays he. by! 014101NAL PACKAGE CITY TAX. Greenville will Collect gsot) trou Payne Simaons .and Shut Up Any Original Package Store that Iaetune to Pay tia TaxI; [News and Courier.] Greenville, S. C., October 9. -The city counll, by its action yesterday, seems to have tamed the monied original package dealers. To day J. E. Payne and Marion Simmons, the largest doalors, notified the may or of the city that they would com ply with the tax ordinance, and on Monday will pay the two hundred dollar license as required by the or dinance. The payment will be made under protet. These doalors desire to avoid ox pensivo litigation, having paid all fees to date for suits, and as there is a similar ordinance at Newborry, which is -ontested, they will take their chances on the Newborry con tontion. On Monday council will proceed against all original packago houses failing to -omply with the ordinance, and close ihem up. This will give Payne and Simmons a monopoly of the original packago busiinoss, and they can well afford to pay the tax. In this connection it in intoresting to comparo the Groonvillo dispensary business f.r September, 1890, and September, 1897. Ai examination of the dispensary books mado today shows thu following figures: In September, 1890, when there wore no original package storos, then the profits of the East End dispon. sary amonAted to $442 53, the ero port for Septonbor, 1897, since the original p.ckage stores have been in operation, shows a dead loss of $1 7-1. That is. the diponsatry did not, soll enough liquor to Iay OXI)eIsO aMid lost. $4 75. And this iu the bost managod dit. penary in the State. I-LAUMN IN WAHIJINION. lie Visits t,he WhIto 1 uum 1 inel fite lo piarltnl In the Itatorumt of ilm emn NIitnlit-i. I.Special Newis and Courier.] Washington, October 8.-Snator McLaurin arrived here today to so cure a house for the winter and look after the interest, of his constitutents in the various departments. lie called at the White House and was cordially received by President Mc Kinley. It being Cabinet day, the President suggested an appointment for tomorr-ow, when the Senator will have a better op)portunity to discuss certain matters of local interest. From the White House Senator MeLaurin went over to the depart. mont of State to see if he could so eure the retention of Malcomn John. stone as consul at Pornambuco. As sistant Secretary Day informed the Senator that Mr. Johnstone's suc cessor waLs aIppoinited, arnd comumis sioned, hence Mr. .Johnsltoleno must give away. Sonator McLaurin also saw Ad miral Matthews relative to the work onl the Port Itoyal dry dock, and he afterwvards went to the Post ollice de partment to look after sonmc postal matters. 1B. M. ,L Th'Ie wIdows. [ Philadelphia Press.] It in a sadt result of the wvorse sidoe of human nature that the older and the more deccrep)it a veteran with a pension ma:y be the mor-e likely, in many casesi is some woman to be found willig to marry him in order to establia a claim to a widow's pension.- The revolutionary wido1w has only j'1t left us. .Juld'gir by lher- pciernf ial vitality the country may be pay inmg penisionis to idiows of the last wvar,in 1987. Sixty or meventy years ago the shameless marriage of revolutionary veterans by women with an eye to -i widowv's pension was a public scandal. It should be prevented bet in1es for the last war. C'omimssioner Evans has proposed a most important reform, and (Con gress will have the support and1 ap proval of the conntry in putting it into nronmt eaeuin. ELLERBE'S REFERENDUMA A NEW MEIT10 Of .60VA3MNING Tiu fTATX. More Iha a Thousand Prs"cherm A,ed ta Give their Viewo and 1hip Vie*k of their Vougregations u sh-84koeise ba the "uouess' of the Dispensary as a Tsuperancee Iaatttation, and s to the Itelative Merits of ProhibItion, Dtapesary asad High Luense. Columbia, October 8.-Governor Ellorbo has gone to the ministers of the Stato for an expression of Rao tiient regarding the liquor tralo. He aSks the ninleters of the State for the expression of "your people" upon the dispensary law, prohibition and high licenst, under the consti tutional restrictione. It will not be in the leat ur prising, and it would appear to be altogether in reason for the exprtm sion of the ministers of the State to be in favor of prohibition. It is a kadwn fact that in the Methodist Chruch, for instanco, perhaps not un11der tho Church diroetion, but as a collateral work, tho temperance work has boon going on for some time and the mmnisters of that de. nomination have boon chief in the prohibition cause. At all events Governor Ellerbe is having a circular letter sent to every minister whose addros he con secure, in which these questions are asked. The following is the circular letter being "ent out: Columbia, October 1, 1897. Dear Sir: The following questions are submitted to ministers through out the State, for the purpose of as cortaining the sent.inent and opinion of Christian citizens with reference to t ho dispens ry law. Please ans tr each question in the space following it, and after signing and stating to what denom ination you hmlong and your post office address, return this in the on. velopa to the undersigned. Your prompt attentio. will be approciatod. Very respectfully yours, NVILLIAM 11. E,LLun, Governor. 1. Has the dispensary iystem in oreased or decreasoid drunkenness or drinking in your Community; and to. what extont, idicating your opiion by percentage of increase or de. es1m? 2. What is the preference of your people as betwoon (1) prohibition, (2) dispensary law and (3) high licenso, under the restrictions in the Stato Constitution, and which is. most pratcticable as a temperance miensqure, under existing conditions? In each of the letters there is en closed an envelope on which is printed tbo address of the GIo"ore. 'rho lists now inhand make up about one thousand ministers and it will take some litLIe time to tabulate their replies. Governor Ellorbe might aupple mont the letters to the minister. with one addressed to the mayora and intendants of the various townma and cities of the State and they may bo able to give him some definite in format ion as to the incr ees itl e. crease in the number of esses for (drunk and disorderly before them as wvell as what they think of the op eration of the dispensary law. PaoFITrs oNa LIMMEBINo. The State dispensary people have heretofore beon constantly figuriag what p)rofit it is making and how it will do this and that, but they Bre not doing so much figuring -just now since the original package people for a single month cut. Into the busi ness of the dispensary ovar 985,000. In making up the profits of the dis pensary would it not be just as well for the State to faco the music and put down as one0 of its liabilIties the rent that will most lhkely have to be paid sooner or later for the building now occupied? True, the matter is now in Core and will probably re main there fo: some time to come, bat the chances are altogether in favor of Mr. Wesley gaining posses. sion of the Aguicultural Hall. This is entirely independeat of the bond case for the present. Trho understanding is that Mr. Lylea will make claiiw for $8300 a month rent for the building now used by the dispensary and there is no tel ing what -the Courts will allow. Anywvay it will be well to remomber that the item of rent is a lability that is not likely to decrease with agn.