The county record. [volume] (Kingstree, S.C.) 1885-1975, January 20, 1898, Image 2
iCtH v udge Simoutou Md that alrent* .
I liquor dealers t u'side the /State I
light come into the .State, lake/orders {
Ir liquors and ship them to cit^cns of
le State. Encouraged by thjp abort
pulsions, the liquor men appl/ed to the
inited States Circuit Court foy greater
rivileges, aud in the Yande/sook detsion
were granted all thap* desired.
II this ca^e the same jndgy held that
itizens ofauoih^- ta'e m/plt import,
ore away and sc i iiqnotff in original
nbroken packages of all f i^es not less
:au one-half pint. Th*s led to the
pening in the State , hundreds of
rirate liquor houses flooded the
hole of South Caroliq'8 wdh whiskey.
Blind tigers, furniaW^ by "original
>.>fcooo" dftolera. Ly^gan the sale of
feaceful commani\
never been sold,
oe the dispensary
he judge's decisit
difficulties. At
atoa seemed to aserogatives
of the
the Legislature of
i undertook the
lispenpary law by
rernoif, the conis
connected with
be lai r, were eng
in amy way with
;e" d ;alers, and
teTrep resentatives
is pre ciically veldge.
"ted to me that
rigitj al package"
ere . ellmg whisnned
lately ordertize
tpeir liquors
aintafniog anuisbutTthey
applied
have)the stock of
e, ai>d asked that
1 persons acting
rue Pf authority
ed from further
9 sa d property.
anted, notwithire
t Jat they 1iad
Ijoaght I uquor u. or
0 sale and that ho
idge hisld that, to
jiMj.of Mlius ,l<? tt
1 selllnl; uiu*t either
iBubstaatial reason
party buying was
If E. .1. Connor vs.
El, Geo. S. McBrens
county, notiHhorse
wagons had
B for whiskey and
: to Laurens he
that the drivers
eroua and were
the wagons. I
^Bd liqnor seized
^Eed at Laurens.
j^Er filed a bill of
[^ United States
^Eiog for a
^ estraining the
^^E if _/ AL.
IikjuurtJ ui uw
s bill being
anted a rale
b, requiring
j a temporary
not be granttie
biade a relowing
effect,
lendant from
size, in tranerwise
carry or
detaining
[or beer imBtate
by the
-more comKto
forthwith
B wiues and
m control of
B)a can see
hare conBent
of the
package"
to sell to
Bfon public
Hz ure was
hasten to
Hed at all
^hd a helD^Budge
Si^ friendly
^ e charg
B^B^^^^B^^^^^^^^Blized the
of
exmain
B^^BB^^H^B^^B seize
-would
did
en^^B^^^^^^B^^B^Bd
the
en*
BoratBj^^^Bfl^^Bf
the
^B^^^B^BBd ti^^U^B^H^BNB
("8'
^BBH^^H the
B< .
BonBtLe
o:u
nBB^^^BBntBho
B) -*
B?
Id
a?legislate in |
that a large majoritj^^^^^VTIe
favor the diRj?en*ftry
la^^^BK be secured against the
x>f the Federal Courts.
Thr^^Preoessive General Assemblies
hav^Vclared in favor of the dispensary
age best method of dealing with
the Saor question. Our representa|
tivesw Congress are at work seeking
I to sefre additional legislation for the
| protection of the State against the in|
terfe 4 03 of theUnitedttales judiciary
The I jiteil States Senate has already
passeiTa bill by nnaniraous vote giving
I the complete control of intoxicants to
I the States, and it is hoped that the
I TT |L _ 111 1L 1>_1 a.
nouse ai^o pass iu i?ut w e mu*t
have imiiediaie relief from the present
intolerable conditions. Free liquor,
with its accompaimug increase of
drunkenness and consequent increase
of crime must at all hazards be got rid
of. As I hare said, a license law will
not secure immunity from this eril.
Judge Simon ton has destroyed, alons
with the dispensary, the license system
when run for profit What, then, is
left to do? We must either enact prohibition
or continue the dispensary
system without the profit feature.
Many?a majority I believe-do not
think prohibition is practicable, and
many have approved the dispensary
system because of the profit feature.
We can certainly get rid of the "original
package" dealers and their demoralizing
traffic by continuing the dispensary
shorn ot all pro-its aud aviiuiuistered
oulv as a police regulation to
control and reduce the liquor evil. The
Federal judge will have neither occasion
nor exenso for his ever ready injunctions,
if that system shall be inaugurated,
unless he shall again reverse his
own previous decision. Ihis, then,
ip e its o me tl e e | nd almost the
iiie oniv tuiug leit us to tlo. M e might
try this policy for a year, and next wintui*
f^Anrrrocc have acted, or
failed to act and after the Supremo
Court at Washington shali have decided
what is to become of the State's
power to control liquor under the YY ilson
bill of 18;J0, we shall be in a position
to take dual action.
Eat as facts s; eak louder than words,
I will give the testimony of ministers
of the go*pei in the State a> to th effect
of the dispensary law outhemorais
of the i eople and " on the reduction
of drunkenness among them. Out of
four hnudred and Mity-three answers
received from the ministers of the State
to questions Submitted to them iu a
circular letter, dated October 1st, 18'JT,
three hundred ami twenty-four reported
a decrease in drinking of fcrtv-Bix and
one-third per cent., and a corresponding
decrease in drunkenness since the
disjien&ary law went into effect Sixtvnine
reported an increase in drinking
of fifty-four and three-fourths per cent
Yet, in the face of such testimony as to
the good results of tho system, Judge
Simouton declares it is not a police
measure. Let us, therefore,
do what is left ns, and wait for acticn
at Washington.
Public Printing.
During the year the offioe of publio
printer having been declared vacant,
the committee provided for by law, consisting
of the Governor and the chairmen
of the committees on printing of
your honorable bodies, met and electod
Mr. Charles &, Cairo public printer.
This committee thought the State might
have been saved several thousand dol- j
lars had the act provided for, or permitted,
competitive bids. The price to
be paid for the work is fixed in the. act
and the committee fonnd itself compelled,
nnder the provisions of the law
to make the appointment I recommend
that the act be repealed and that
a committee from each of your honorable
bodies be selected to' let the ocuA-?-.4
mhKKa nsinfm/w txk /v\mrwfiHtira I
UBCI 1U1 |IUUUV |'ituwu^ mm
prices. I farther recommend that the
act fix the maximum price to be
paid for the vork so as utfs
to exoeed the price being paid now on- )
der the existing lav.
Direct Tax.
There are $8,130.79 in the State treasury
to the credit of the direct tax
fond, whicn, under an act approved
24th December, 1891, is available for
public purposes. I recommend that
you pass a joint resolution authorizing
the State treasurer to transfer this account
to the general account.
Special Legislation.
The number of speci^lstatutee should
'be reduced by the enacti>ent of general
laws, embodying ample previsions and
remedies for the relief of persons, corporations
and communities, Fel^tive to
subjects of a general character arMy to
put an end to the present flood of special
legislation. As it is easier and iu
some cases cheaper to apply toMbe General
Assembly for relief ralha^ than to
the courts or other tribunals provided
by general law, the legislature is being,
U|>on Torious excuses, subjected to constant
pressure to enact special luws for
the relief of individuals, iwleed, even
constitutional provisions intended to
limit such special legislation have often
been evaded under the of a socalled
general law. Iu the constitution
of 1893 there are express jfovisions prohibiting
special and local legislation by
the General Assembly. Prior to 1893,
during each legislative session a great
deal of time was consumed in the consideration
of such special legislation,
at great expense to the State, it was to
check this growing evil that these pro
liihiting . provisions were introduced
into the constitution, j It is natural aud
may be praisewortlpr for individual
legislators to seek to/advance the interests
of their localities and constituencies;
but such interests should be subordinated
to the general public good,
and such special ai^d local legislation is ;
I evidently injurious to the publio weal, j
Too much legislation, both general and
special, has undoubtedly characterized
South Carolina j for the past thirty
| Such special and local enactments,
I besides being a/speciea of class legislation,
are most aarmful in making it uncertain
what the statute law is. It is,
kherefore, a wise provision of our presftnt
constitution, which prohibits local
Hnd special legislation, and it should
He rigidly /enforced. But, notwithHanding
thiB constitutional inhibition,
examination of the acts passed by the
^kneral Assembly during tfce sessions
1896 and 1897 will snow that this
^Bse provision was evaded and that
^Hrre was/considerable special and local
^Hrislaticii. Since the adjournment of
General Assembly in 1897 an act
^Hsed during the last session has been
^HjB^by the Supreme Court to be
^^I^JEitutional on the ground, among
H W that it was special and local
I A
__J 1
legislation. It was an act forbidding a
citizen of one county to fish in another
county for profit, without first
obtaining a license from the
county treasurer. This seems to
be a general statute, but in the
third section of the act it is provided
that the act shall apply to no counties
in the State except Colleton and Berkeley.
This disregard of constitutional
provisions if not checked will open the
way to an increasing mass of this kind
of legislation, and must result in the
practical defeat of the objects of the
coDstitutioual inhibition.
Prompt action should be taken by
I your honorable bodies to enforoe ob'
servance of the provisions of the constitution
on this subject, and to confine
legislation as nearly as practicable
within the limits prescribed by the constitution.
I would respectfully recommend
for your earnest consideration the
creation, by a joint resolution, of a joint
committee of the two houses who shall
be specially charged with the duty of
supervising all bills introduced, and reporting
such as come within the proprietory
provisions of the constitution, relating
to local and 8|?cial legislation.
With such a safeguard the General Assembly
can successfully avoid the enactment
of laws forbidden by the constitution
and insure the faithful observance
of its wise and salutary provisions.
State Colleges. *
The attendance at the State colleges
nn M tna flrama Thar- all arv.
? ~ ? ??o~ J ?. ?ipear
to be doing satisfactory ana careful
work. "During the past year Dr. Fra-jc
C. Woodward was eiccted president of
the Souto Carolina College, and Prof.
Henry S. Hartzog president of Clemson
College. They were elected to fill va,
cancies occasioned by tho resignations
| of Dr. James Woodrow, president of
the South Carolina College, and Prof.
E. B. Craighead, president of Clemson
College. Kesults arc proving the wisdom
of the trustees in making these excellent
selections.
Phosphate Industry.
Only $40,7C0.2J have been paid daring
the year into the State treasury
from the phosphate mining industry.
This amount, under the law. must be
devoted to a sinking fund for the redemption
of State bonds. Yon may expect
a still smaller revenue from this
source next year. Competition with Algiers
and Florida has so reduced the
price of phosphate rock that some of
our miners have been forced to snspend
operations. Those who are engaged in
the business are mining at a loss, notwithstanding
the fact that the board of
phosphate commissioners reduced the
rc valtv from 50 cents to 2o cents per
ton.
i'he Sinking Fund Commission.
The total value of the assets of the
comnlative phosphate royalty sinking
fund is $263,U07.5G. Of this amount
837,592.00 was loaned to connties at a
rate of 5 per cent, interest per annum.
The sinking fund has permanently invested
in State stocks $35,723.56. There
is invested in temporary loans, under
the act of February 25, 1396, and February
25. 1897, $58,484.22. This leaves
a balance of $131,203.78, which has
been deposited in bank, bearing 4
per cent, payable monthly. Yon can
see from the above statement that
under the act of 1897 only a small
amount was lent to connties; while the
greater part of the fnni has been depoaited
in banks and is nnseenrod, except
by the credit of these banks. It
will also be seen that / on the 31st of
December, 1890, there was then loaned
I to the banks at 44 per cent, interest,
aud secured by a deposit witu tue Mate
treasurer as collateral security of State
Brown 41 per cent stock, S173.U84.22,
leaving only $2,316.03 cash deposited in
bank.
Confederate Records.
It has been particularly unfortunate
that the office of State historian has
been made 7acant by the death of two
worthy incumbents. Since the adjournment
of the General Assembly
the grand old Confederate soldier.
General Hugh L. Farley, has passed
awav, before he bad completed the
work to which be had been assigned.
I appointed Col. John P. Thomas Confederate
historian, to carry on the
task. You will iind in the report of
Colonel Thomas a detailed statement
of the work already dene, together
with what remains to be finished,
especially as to the completion of the
Confederate rolls. It is tbe dnty of
the State to piepare an historical account
of the part taken by the commands
from this State in the great
civil war and to complete tbe rolls. I
therefore urge that provision be made
for carrying on this work. To insure
completion I recommend that a sum
be appropriated sufficient for carrying
i out this undertaking; and I suggest as
| au inducement to its early completion
l that whiie sufficient money be allowed
| monthly for current expenses, the
I major j>ortion be paid only upon the
l completion and acceptance of tue work
as now mappe I out.
County Government.
The General Assembly should give
careful consideration to the matter of
| expenditures by county government*.
I 'ihe system now in force is very enm1
beraome, and in many counties leads to
! extravagance. From the represents
tiou l>y towasnips arues a ikuucu^ iu
reciprocate favors, and this leads to
useless expenditures which, if there
were no opportunity for these mutually
beneficial exchanges, would be avoided. /
.Many coar.ties have remedied this trouble
as far as possible and have made a
further saving by placing their officers
on fixed salaries and turning tl* surplus
left over after paying the/salary
into the general county fund. /
Conclusion. /
I desire to impress upon the members
of the General Assembly /the necessity
for the strictest economy in the appropriation
of nnblic moneys. While unnecessary
and excessive appropriations
of pnblic money should be avoided at
all times, and the strictest economy
consistent with/goo<l administration in
every branch -of the public service
should be at all times enforced, there is
at this time a special reason why this
principles should be carefully applied.
The people have endured a long period
of business depression, but the present
low price of cotton, our principal money
crop, has caused still greater depression,
and the mercantile and industrial
inactivity is keenly felt by all classes.
As guardians of the public interests and
custodians of the public funds the paramount
question at this juncture, when
considering the appropriation of the
people's money, should bei Can this
sxpenditare be deferred without injury
to the public interests, until business
shall have renamed its normal activity?
p-S v. - *
On accountw(PFpficeal^H^^^H
of money th*a burddH
presses witn more then .
npon the people, end in j
j more riclily merit their
' cratitnde or justify their in
! von than by judicioosl^^^^Kg to
I lighten this bnrden. I
I have endeavored, ^^^Pstndy of
i the State's affairs, toarafl^Hb. recomj
mendations to you w^S^roper and
; just. The Governor cannot make lava j
?to you alone is entrusted, as it shonld
be, the pover to pass bills and to
change existing lavs for bettering the
conditions of our institutions and for
redncing taxes. My recommendations
I are merely advisory; the responsibility
for the passage or defeat ot bills, introduced
or recommended, lies with you.
it is mv desire to co-operate during the
coming session, as during the past, with
your respective bodies and members in
the interest of the taxpayers and of our
poopie generally; in that behalf I will at
all times be pleased to consult with committees
or with individual members.
The responsibility for the defeat of
any good measure for whatever reason
shall not rest on the executive, nor
shall 1 allow xnj self to be influenced in
any of my actions by intimations that
my measures may be defeated. Personal
preference or desire shall not be
indulged by me in the proposal of any
measure. If they be found not cubserveni
to the public inteiesU, my suggestions
should be ignored; if in that
interest, their defeat will harm not the
executive bat only the people.
1 call yonr attention to the reports of
the various State departments, which
will give yon a more intimate insight
into State' affairs. In the various de
a a_ _ a a.1 Ol.i. A r
parimeuws 01 iuo oiaiu ^overomeai x
find in the officers a general disposition
to follow the law and discharge proiierIv
the duties of their officers.
WJL H. Eklelii,
Uoveri.ur.
THE LAW~AslrTERPRETEDt
The purchaser of a negotiable pro mis
sory cote with the Indorsement of a
guaranty thereon Is held, in Dunham
vs. Peterson (X. D.), S6 L. R. A- 232, to
be an indorsee within the rule protecting
innocent purchasers for value before
maturity. The annotation to the
rase reviews the decisions on the transfer
of title to a note by indorsement in
the foreu of a guaranty.
A passenger who protrudes his elbow
through a window In a railway coach
when passing through a tunnel so that
It strikes timbers near the sides of the
car is b*Id, in Clark vs. Louisville and
Nashville Railroad Company (Ky.), 3G
L. R. A. 123, to be guilty of such negligence
that he cannot recover from the
carrier, although his elbow was protruded
Inadvertently and did not extend
more than one and one-half Inches
beyond the outer surface of the side of
the car.
A bequest for the maintenance of free
public schools is sustained 1n re John
(Ore.). 30 L. R. A. 242. where the win
provided for a board of trustees to be
appointed by the judges who were given
power to formulate rules for the
government of the board and directed
that the school should never inculcate
the doctrines of any religious sect or
denomination one more than another.
The liability for an Injury to an employe
sent from Michigan to the Canadian
end of a tunnel to work in compressed
air is held. In Turner vs. St.
Clair Tunnel Company (Mich.), 30 L.!
R. A. 134, to be governed by the law of j
Canada, where the action is based on |
the alleged wrong in allowing him to <
enter upon the work in ignorance of !
dangers known or which should have
been known to the master.
An express provision in a contract
that It shall be construed to have been
made in a certain State is held. In Union
Central Life Insurance Company
vs. Pollard (Va.), 30 L. R. A. 271, to
make It subject to the laws of that
State. And this is applied to a statute
of that State as to the effect of misstatements
in applications for Insurance,
although the property was situate
in another State. /
A statute prohibiting wagers or P961
selling on contests outside the Sfate
without making it apply to sucVcontests
In the State is held in State vs.
Stripling (Ala.), CO L. R. A. St, to bo
within the legislative discretion end it
Is said not to be an attempt to prohibit I
acts outside the State.
A boy between 13 and 14 years of ago
who did not know thafllc was violating
cny law. although lie knew the difference
between right and wrong, was
held, in State vs. Yeargan (X. C.>, SG L.
R. A. 100, to lie not liable to punish|
nient for a Simple misdemeanor In betting
money at a game of chance. Tbd
note to U;e case reviews the whole
range o^declsions as to criminal licbll*
ity ofyiifldren.
Beard lms English Barristers.
Very few members of the British
wear beards. Lord Justice Ropes,
Sir John Rigby and Sir Francis Jeune
are among the few who violate the legal
traditions of Groat Britain by permitting
themselves to appear otherwise
than smoothly shaven.
About two years ago the Cincinnati
Street Railway Company laid some
steel ties experimentally, bnt nothing
has been heard of steel ties for a long
time. Recent examination of these
ties show each good results that the
company will now lay a considerable
number of ;hem.
"Madam," said a young lady to her
preceptress at boarding school, "Mr.
BeUfalr has come to take me oat to j
drive. May I go, madam?" "You know,
miss, that oar rales do not allow It,
unless yon are engaged. Me yon engaged
to Mr. BellfairTV^'N?no; Aot
exactly; but If you let^lfe go, I shall be
by the time we get back."
nis Fellow Feeling.?Pafterfamfllas?
Look here, Dick, you've been a bit wild
yourself in your day and I'd like some
advice. What am I to do with Harry?
The young rascal exceeds his allowance
every month. Coosln Dick?Increase
it?Chicago Journal.
X *>* * . * *'
rN?W UNIFORMS FOR THE AR?r.
TTnrle Stun'? Km to Bo Clad ia th? PreU
tirat Uniforms in the tVorld.
The United States Army is to change
its style of dress uniform General
Miles and his staff hare been considering
the matter for some time, and the
suggestions which the General has de
OLD JJfD 2TBV CAYAUTT CNTTOE3f?.
? ?
cided on will in nil probability b?
adopted at the present sitting fit Congress.
The cavalry will be pnt io hussar jtttk
uniforms of black for busby, tighJ^^^B
tunic braided across the breast, rid^fl|^H
trousers and Hessians boots. 3jH H
will excel even the smartest
English, French, German or Aus^^^^^H
cavalry, and will make that
the United States Army one
prettiest dressed in the world.
helmet will be entirety discarde^^^^^HH
For the artillery and
be adopted a busby rfinhlar tfl
worn by our cavalry in
and by the city irocps
change in the artillery
uniforms will be slight. flj
The picture on the left fl
TTnfl'a 9am'? Mn)** BAV
litEd 11 fr Chitigo
in
doubtless
_ ? JH
Ugv X>iDjl?ll?l. ?- ?-??
1 n . ..
A PmUartty at Blind
The great majority of
change their colon to adspl^HJH^^fl
selves to their aurroundicgjBHj^^^H
fishes can make extraordinaa^^HPs;^^^P
there are many that can^M Hriiein^B H
selves so like the rocj^^PRwhid^^^H
they may be, or the bofl^in whiB I
they lie partly imbedBb that
ore practically indistinguishable. B B
ia a striking peculiarity of the bGB^^^fl
lisii that it does not change its colcr&^^^P
with its surroundings, but remains always
the same, and the uniform color
which it thus preserves is always
darker than the normal color of the B
other fishes of the same kind in th?
same waters.?New York Son.
An express driver in Chicago, who ^^B
was, locked np over night for driving
hia horse and delivery wagon in ^^^^B
funeral prdcession against the protes-^^^B
Aationa of the mourners, pleaded
the morning that his horse once
longed to en undertaker, and he couidj^^^H
not overoome in the brnte the infiu-^^^H
ence of old associations. He was discharged
without fine.
Tbi Host Interesting Moalcwji Kxlstencefl H
Ton see here a ady prote^^H^fl
of Professor James Harvard's, psycaoJ^^M|
1031st and authority on thought trans
ference. The young lady's came is
Sally and she is the side partner of
Joe, who is not less accomplished than
Sally as an educated chimpanzee antT^HBH
all around cultured Bostonian. Sally
is about the most human monkey ia
the uorid. She has very pronounced
8axj.t, boston's educatbd^^^^^^hh
likes and dislikes. She^^^^B^H^BB
bacco, bat has a
for perfumes,
dear
real bed
dresses herself
care of detratiaflHE^H^^^B^^^B
- ^1
J
'.B