The watchman and southron. (Sumter, S.C.) 1881-1930, September 13, 1893, Image 1
Dui ho injure anyone? No. Did he!
destroy the property or convert it to j
his own use ? No. It was placed in I
the charge of an officer of the State
court, and Section 25 of the act
expressly provides : ?Ali such liquors
intended for unlawful sale in this State
may be seized in transit and proceeded
against as if it were unlawfully kept
and deposited in any place." Mark
you, it does not 6ay proceeded against
and seized, but seized and proceeded
against ; showing clearly the intent
of the Legislature, and the analagous
power exercised by the revenue offi?
cers of seizing without warrant con?
traband whiskey, is certainly suffi?
cient excuse for my construction of
the law and my orders to Swan. If
this construction is unlawful and
unreasonable, then Swan's action waa
clearly inadvertent contempt if
contemnpt at all, of the
court, merely a trespass pun?
ishable only after conviction by a
jury. The judge may contend, and
does contend, that there is no power
in this act for a constable to do other?
wise than is expressly allowed or com?
manded. Bot the Governor is author?
ized to 'apppoint constables to see
this act enforced/ and the enforcement
of this act required that whiskey in
transit, without the certificate, shall
be 'seized and proceeded against.*
No power of search is claimed, or has
ever been exercised, except under
injunction and by order of a. circuit
judge of the State court.
"Judge Simonton accuses Swan of
'searching,' only to have an excuse for
his tyrannical decree, and in the face
of the facts. But suppose ho did
search and seize where is the con?
tempt ? I certainly did not consider
for a moment the status ot the public
carrier as a receiver when I issued the
order to Swan, and Swan is a simple
public official of South Carolina, duly
authoized to act UHder the dispensary
law, and it is infamous to claim that
he is in contempt of court under those
circumstances.
"The judge said, 'deep down tn the
heart of tue Angle-Saxon race is the
abhorrence of every such exercise of j
power, almost absolute, and such j
exercise is never tolerated except in j
the most extreme and urgent cases, |
when the safety of the people becomes
the supreme law.* Aye ! and deep
down in the heart of the Angle Saxon
race is burning contempt and hate for
the judge who binds himself to acts
of tyranny, or allows himself to be
the tool of saloon keepers and cor?
porations
The mills of the gods grind slowly,
but they grind exceedingly small.
There may be no reckoning with the
judge for he is fortified against every?
thing except public opinion. Swan
has been adjudged guilty of contempt
and deprived of his liberty without a
trial. Ile has been accused of con?
tempt of court and adjudged guilty of
unreasonable search and seizure, has
been tried for one thing and punished
for another.
"Judge Simonten has not
shown in his decree wherein
his contempt consisted. He ignores
that point in his argument a:>d we
are given to understand that whiskey
in the hands of railroads run by
receivers cannot be seized, and pro?
ceeded against without a warrant
If so it will be contempt to tin's South
Carolina Jeffries. The law is
paralyzed to this extent on the bank?
rupt roads, and the temperance peo?
ple and the law abiding citizens of
the commonwealth will kr.:Ow at
whose door to lay the blame.
"We will carry the case to
Washington on tiabeas corpus and
ask the United States Supreme Court
to right this wrong. We may fare as
we did in the case of the sheriffs, but
in contending for the right and justice
I will never consider either the cost
or the result."
The Pnospbate Industry.
One of the results which is not
unlikely to follow the destruction of the
phosphate mining plants around Beau
fort will be the shutting down of this
industry. A member of the Chronicle
staff while at Beaufort after the storm
talked with a number of gentlemen
engaged in different capacities in this
work, and they seemed to be very blue
about the future.
It was declared t'uat the companies!
were not making money, but were j
simply running along and holding their
forces together in the hone of better
times, rather than to shut down. That
several of the capitalists in the industry
wished themselves well out of it, and !
now that they had been summarily j
blown out they would pocket the loss |
and stay out 1
It was declared that the winning of j
thc famous Coosaw case by <?ov. Till- j
man which wiped out the exclusive
rights of the pioneer company and left
the field open to all comers, and secured
a royalty for the state, followed up by
the discovery of phosphate rook in
Florida which could be much more
cheaply mined, had so cut down the
profits in the business that there was no
longer any money to be made in it under
existing conditions. While it was
cheaper to go on with the work ay long j
as they had their ?ally equipped plants,
than it was to go off and abandon them, j
now that their plants had been destroy- j
ed there was little inducement to begin
over anew.
The Brotherhood Company which lost j
the valuable dredge boat ' Kennedy" j
various ly. valued at from ?250,000 to
$850,000, has notified its men that it
will not resume business until two new
dredges eau be built This will mean
a shutting down of several months, and
there are those who believe then? will
be no resumption of the work. Mr.
Moses Lopez, of tbe Coosaw Company
was freely quoted as being against
starting np again. It is claimed that it
would be equal to establishing a new
plant, and in the present eondjtion of
the business there is nothing to encour?
age such such an investment. It Ls
claimed that the providential closing
down of the business will probably be
final, as the capitalists who have their
money in it would rather try something
else than to again go to the original
expense of fitting out these plants.
We lean to the opinion that these are
the gloomy views born of the first shock
of their great loss, and that upon cooler
reflection these business men will again
rehabilitate this great industry on Coo?
saw river. But whether it be finally
abandoned or only temporarily inter?
rupted the effect is the same for the
next few months upon the hundreds of
people who have been thrown out of
employment, and upon the business
interests of the stores io Beaufort and
on the other .islands where the rooney
received by these hundreds of bands as
wages was weekly expended. Kveu
the suspension for a few months of this
great industry will seriously cripple the
business of the islands, and add to the
distress which was wrought by the
storm.-Augusta Chronicle.
The World's Pair.
The World's Fair by common con?
sent of ali who have seen it is by the
greatest odds not only by "the greatest
show on earth,'* but in all the centuries
since "Adam dug and Eve span" there
has 'been really nothing fairly com?
parable to it. The Roman triumphal
displays when pro-consols returned
from ravaging conquered countries
laden with spoils was nothing in
variety, splendor, utility and true great?
ness comparable to the great American
show of 1893. There is not the slight?
est doubt of this, or that it is so very
far in advance of the London -Fair of
1857, of the Philadelphia Centennial of
187G, and of the Last French Exposi?
tion held at Paris a few years *ince as
to make comparison odious. There
has never been a rival of this last,
greatest exposition. It is a marvel, the
wonder of the world. The seven won?
ders of antiquity are small things when
put besides this splendid, over-shadow?
ing achievement of American genius,
management and enterprise. There
are no two opinions among those who
have visited Chicago as to the
incomparable excellence, magnificence
and exteut of this most marvelous exhibit
It is not given to this scribe to see
this astonishment of tho ages, but he
believes that every man and woman in
America who can see it should s<re it.
The Review of Reviews and Current
Literature for four months have been
publishing illustrations of, and papers
upon the Chicago Fair But it remain?
ed for the Cosmopolitan Magazine to
give by all comparison the completest,
most enjoyable and incomparably best
illustrated papers upon it.
The September number is given np
literally to it, with the. exception of
some twenty-nine pages. The illustra?
tions are simply supurb and in great
number. It is-a splendid number and
should find its way into the homes of
every family, especially of those -who
are unable to see with their own eyes
the marvel of all ages. Next to seeing
it is the careful reading of the Cosmo?
politan's "World's Fair" number, price
only 12J cents, which is another marvel
and great oae in magazine work .
How it can be supplied at that 7ery
low figure is to the uninitiated inex?
plicable
We wish to make one brief quotation
from it. Walter Besant is a very dis?
tinguished English novelist. His4,FirNt
Impression" of the Fair is very pleasant
reading. Read what this close student
of men and observer of the world says:
Were these builings-every one. to
the unprofessional eye a miracle of
beauty-thus arranged so as to produce
this marvellous effect of beauty hy one
master braiu, or by many ? For never
before tu any age, in any country, has
there been so wonderful an arrange?
ment of lovely buildings as at Chicago,
in the present year of grace. * *
But no where, at any time, has there
been presented to the world any group
of buildings so entirely beautiful in
themselves and in their arrangement,
as this grouD at Chicago, which they
call the World's Fair.""
Ile says it is simply impossible to
give the reader any proper idea of the
wonders as "description cannot de?
scribe." There are no less than four?
teen separate articles on the Fair in the
Cosmopolitan including the short one by
Mr Janvier.
The Fair separated by several miles
from Chicago is really a city io itself.
It is over two mites in length. The
street known a? the Plaisance is two
and a quarter miles long and 400 feet
wide. The cost of the improvements
buildings, etc.-is qui'c $20,000,000 -
The total aggregation of exhibits
amounts to $200,000,000. Read the
September number of the Cosmopolitan
as the next best thing to visiting tho
great show.-Wilmington Messenger.
Guaranteed Cure.
Wc authorize our advertised druggist to se!!
Dr. King's New Discovery f>>r Consumption',
Coughs and Colds, upon thw condition. If you
arc afflicted with Cough. Cold or any Lurg,
Throat or < best trouble, and will ?sc ?his rem?
edy as directed, giving it a fair triai, and exre
riencc no benefit. y?u may return th4* bottle and
have yonr money r?funlcl. We eon H not
make this ofter did wc not know that I>r. King's
New Discovery Could bc relied on. It never
.Usnppoints. Trials bottles tree at J. F W.
I)eLonn?-'s Drug Store. Large bottles Sic.
:,nd $1.00. 2
Many Persons are broken
Sown, from overwork or household cares.
Brown's Iron Bitters Rebuilds tnt
system, aids diction, removes excess of bile,
and cures malaria, tiet the eenuuie.
Highest of all in Leavening Power.-Latest U. S. Gov't Report.
A&SO???TELY PURU
AYE R'S
Hair Vigor
Restores faded, thin, and gray hair
to its original color, texture, and
abundance ; prevents it from falling
out, checks tendency t?> baldness,
and promotes a new and vigorous
growth. A clean, safe, elegant, and
economical hair-dressing,
Everywhere Popular
"Nine months after having the ty?
phoid fever, my head was perfectly bald.
I was induced to try Ay cr's Hair Vigor,
and before I had used half a bottle, the
hair began to grow. Two more bottles
brought ont as good a head of hair as
ever I had. On my recommendation,
my brother William Craijr made use ot
Ayer's Hair Vigor with the same good
results."-Stephen Graig, 832 Charlotte
st., Philadelphia, Pa.
Ayer's Hair Vigor
Prepared l>y Dr. J. C. Ayer* Co., Lowell, Mass.
Sold by 1 >ni?."?i?la Everywhere.
Ii jpn ns Tah u i es are of great value.
Office and Mills at
J.R. CARR,
Contractor and Builder,
Sumter, S. C.
DEALER IN
Rough and Planed Lumber, Doors, Blinds,
Sash, Laths,
Cypress Shingles,
Lime, Glass and General Building Sopplies.
. Mill Work
Of *ll kinds made to order, such as
MANTLES,
Di'OR AND WINDOW FRAMES,
STORE FRONTS,
MOULDINGS AND TURNED WORK
OF EVERY DESCRIPTION.
i.*C. &. A.. and C. S. & N. R. R's.
THE SIMONOS NATIONAL BANK
OP STUTTER;
STATE, CITY AND COUNTY DEPOSI?
TORY, SUMTE ti, S. C.
Paid up Capital.$75,000 00
Surplus Fund. 11,500 00
Transacts a General Banking Business.
Careful attention giren to collections.
SAVINGS DEPARTMENT.
Deposits of $1 and upwards received. In?
terest allowed at the rate of 4 per cent, per
annum. Payable quarterly, on first days of
Janoarv, April, July and October.
R M. WALLACE,
L. S. CARSON, President.
Aug 7. Cashier.
SUMTER, S. C.
CITY AND COUNTY DEPOSITORY.
Transacts a general Banking business
Also has
A Savings Bank Department!
Deposits of $1 00 and upwards received.
Interest calculated at the rate of 4 per cent,
per annum, payable quarterly.
W. F. B. HAYNSWORTH,
W. F. RHAKB, President.
Cashier?.
H. A. HOYT,
MAIN STREET,
SUMTER, S. C.
GOLD AND SILVER WATCHES,
FINE DIAMONDS,
Clocks, Jo-arelry, Spectacles,
MERIDEN BRITANIA SILVERWARE, &c.
REPAIRING A SPECIALTY.
Feb. 1
A. WHITE & SON,
Fire Insurance Agency,
ESTABLISHED I860.
Represent, among other Companies :
LIVERPOOL & LONDON k GLOBE,
NORTH BRITISH k MERCANTILE,
HOME, of New York.
UNDERWRITERS'AGENCY, N. Y.,
LANCASTER INSURANCE CO.
Capital represented $75,000,000.
Feb. 12
NOTICE.
rp?E SUPERVISOR OF REGISTRATION
1 will be in his office on Salesday of each
month, for the purpose of issuing certificates
of Registratiou to all persons who have be?
come twenty-one years of age since the lust
General election. Also transfers to those
who have changed place of resilience.
W. S .IA M KS,
Supervisor of Registration.
Dec 7.
OTTOF. WEITERS
WHOLESALE
GROCER,
AND
LIQUOR DEALER,
OFFICE AND SALESROOM :
133 East Bay, Charleston, S. C.
Nov. 7- o
G. W. DICE, D. D. S.
Office over Levi Bros.' Store,
ENTRANCE ON MA IX STREET.
SUMTER, S. C
Office Hours-9 to i : 2.30 to 6 30.
Dui ho injure anyone? No. Did he!
destroy the property or convert it to j
his own use ? No. It was placed in I
the charge of an officer of the State
court, and Section 25 of the act
expressly provides : ?Ali such liquors
intended for unlawful sale in this State
may be seized in transit and proceeded
against as if it were unlawfully kept
and deposited in any place." Mark
you, it does not 6ay proceeded against
and seized, but seized and proceeded
against ; showing clearly the intent
of the Legislature, and the analagous
power exercised by the revenue offi?
cers of seizing without warrant con?
traband whiskey, is certainly suffi?
cient excuse for my construction of
the law and my orders to Swan. If
this construction is unlawful and
unreasonable, then Swan's action waa
clearly inadvertent contempt if
contemnpt at all, of the
court, merely a trespass pun?
ishable only after conviction by a
jury. The judge may contend, and
does contend, that there is no power
in this act for a constable to do other?
wise than is expressly allowed or com?
manded. Bot the Governor is author?
ized to 'apppoint constables to see
this act enforced/ and the enforcement
of this act required that whiskey in
transit, without the certificate, shall
be 'seized and proceeded against.*
No power of search is claimed, or has
ever been exercised, except under
injunction and by order of a. circuit
judge of the State court.
"Judge Simonton accuses Swan of
'searching,' only to have an excuse for
his tyrannical decree, and in the face
of the facts. But suppose ho did
search and seize where is the con?
tempt ? I certainly did not consider
for a moment the status ot the public
carrier as a receiver when I issued the
order to Swan, and Swan is a simple
public official of South Carolina, duly
authoized to act UHder the dispensary
law, and it is infamous to claim that
he is in contempt of court under those
circumstances.
"The judge said, 'deep down tn the
heart of tue Angle-Saxon race is the
abhorrence of every such exercise of j
power, almost absolute, and such j
exercise is never tolerated except in j
the most extreme and urgent cases, |
when the safety of the people becomes
the supreme law.* Aye ! and deep
down in the heart of the Angle Saxon
race is burning contempt and hate for
the judge who binds himself to acts
of tyranny, or allows himself to be
the tool of saloon keepers and cor?
porations
The mills of the gods grind slowly,
but they grind exceedingly small.
There may be no reckoning with the
judge for he is fortified against every?
thing except public opinion. Swan
has been adjudged guilty of contempt
and deprived of his liberty without a
trial. Ile has been accused of con?
tempt of court and adjudged guilty of
unreasonable search and seizure, has
been tried for one thing and punished
for another.
"Judge Simonten has not
shown in his decree wherein
his contempt consisted. He ignores
that point in his argument a:>d we
are given to understand that whiskey
in the hands of railroads run by
receivers cannot be seized, and pro?
ceeded against without a warrant
If so it will be contempt to tin's South
Carolina Jeffries. The law is
paralyzed to this extent on the bank?
rupt roads, and the temperance peo?
ple and the law abiding citizens of
the commonwealth will kr.:Ow at
whose door to lay the blame.
"We will carry the case to
Washington on tiabeas corpus and
ask the United States Supreme Court
to right this wrong. We may fare as
we did in the case of the sheriffs, but
in contending for the right and justice
I will never consider either the cost
or the result."
The Pnospbate Industry.
One of the results which is not
unlikely to follow the destruction of the
phosphate mining plants around Beau
fort will be the shutting down of this
industry. A member of the Chronicle
staff while at Beaufort after the storm
talked with a number of gentlemen
engaged in different capacities in this
work, and they seemed to be very blue
about the future.
It was declared t'uat the companies!
were not making money, but were j
simply running along and holding their
forces together in the hone of better
times, rather than to shut down. That
several of the capitalists in the industry
wished themselves well out of it, and !
now that they had been summarily j
blown out they would pocket the loss |
and stay out 1
It was declared that the winning of j
thc famous Coosaw case by <?ov. Till- j
man which wiped out the exclusive
rights of the pioneer company and left
the field open to all comers, and secured
a royalty for the state, followed up by
the discovery of phosphate rook in
Florida which could be much more
cheaply mined, had so cut down the
profits in the business that there was no
longer any money to be made in it under
existing conditions. While it was
cheaper to go on with the work ay long j
as they had their ?ally equipped plants,
than it was to go off and abandon them, j
now that their plants had been destroy- j
ed there was little inducement to begin
over anew.
The Brotherhood Company which lost j
the valuable dredge boat ' Kennedy" j
various ly. valued at from ?250,000 to
$850,000, has notified its men that it
will not resume business until two new
dredges eau be built This will mean
a shutting down of several months, and
there are those who believe then? will
The Cyclone Sufferers.
Governor Tillman thinks that the
destitution on the sea islands is greater
and will require more help than was
heretofore believed. He has issued au
appeal to the people of the United
States, and sent a request to the Mayor
of Charleston for a conference, as will
be seeu by the following.
COLUMBIA, September 7, 1893.
The Hon John F Ficken, Charles?
ton, S. C : From information derived
from Dr. Babcock who has just returned
from Beaufort, and from letters describ?
ing the condition existing in Colleton
and the islands between the two
Edistoes, the number of starving and
destitute people cannot be lesa than
2,000 and the liberal contributions
already made and being made are a
mere bagatelle in comparison with what
will be needed to carry these people
through the winter, and in any degree
place them on a self-supporting basis.
We must make a general call for aid
and the business of relief must be system*
attzed and controlled by one central
committee, whose labors will last far into
the winter. The relief committees which
have already been "appointed were
hastily selected and did not realise the
magnitude of the labor before us. Please
confer with the committee in Charleston
and then come here at the earliest pos?
sible moment, that we may advise on the
matter. The work of relief is but just
begun.
B. R Tillman, Governor.
It is the intention of Governor Till?
man to appoint a central committee at
Charleston to take charge of the distri?
bution of funds.
Tjie following proclamation was issued
by Governor Tillman on Thursday.
AN APPEAL TO THE PEOPLE OF THE
UNITED STATES.
The hurricane which swept the
Atlantic coast on August 27 was unpar?
alleled in its severity. It spread deso?
lation and' ruin throughout the entire
State of South Carolina, but the sea
inlands, spreading uort h ward along the
coast of South Carolina, from the Savan?
nah River to North Edisto Inlet, were
the greatest sufferers by reason of the
severity of the wind and the unprece?
dented height of the tice. The sea in?
vaded the land. Hundreds of houses
have been swept away by the waves or
blown down by the winds, and while ike
exact number of deaths will never be
known it cannot be less than a thousand
Vegetation has been completely blasted
by the salt water as though it were the
breath of a simoon. What was a pros?
perous and blooming expanse of rice
fields, gardens and farms is to-day a de?
sert with the very landmarks destroyed,
leaving the people without shelter, with?
out food, without the possibility of get?
ting work, except for a limited number,
to confront the terrors of starvation until
another crop can be grown. Owing to
the fact that nineteen-twentieths-of them
are negroes, and that means of commu?
nicating with the remote islands have
been destroyed, I have only within a
day or two arrived at a clear understand?
ing of the situation and the horror it un
folds. *
Dr. J W. Babcock, superintendent
of the State Lunatic Asylum, an accom?
plished physician and sanitarian, who
went to the scene of the disaster on the
1st of September as my official repre?
sentative, returned to-day, and his re?
port accompanies this appeal. I do not
deem it necessary to dwell upon the pict?
ure he draws. I have not felt justified
hitherto in asking for help except from
our. own people. The people of the
State, whose losses by the storm will
run into the millions, have responded
nobly and immediate suffering is being
alleviated, but starvation or pestilence
will claim many thousand victims be?
fore the winter is over if'our efforts are
not supplemented by the charitable in
other States.
I pledge my official word that con?
tributions shall reach the people for
whom they are intended ; that the
charity which may he given shall not
? bc misapplied ; that laziness and idle?
ness will not be encouraged, but the
money and provisions which may be
donated shall be applied to the support
of these people, so a? io enable them to
: ?build their homes and take a new start
in life with the new year. There are
not less than 20,000 thus destitute.
Bread alone for these storm sufferers
will cost not less than $75,000 between
now and March, while practically
! eleven months will elapse before they
can grow any. Medicines, bed clothing
-anything that can be used in a house,
because everything is gone-will be
thankfully received.
We can buy these things with money,
but, if money is not to be had, don't
hesitate to contribute. Send all money
contributions to nie They will be
acknowledge through the press and will i
be put in bank to be checked against as
needed Send all other contributions, to
central relief committee at Charleston,
S. C. My efforts to relieve these unfor?
tunates are stimulated by thc feeling
that, being negroes, ignorant and
helpless, they aro peculiarly the wards
of the Executive. A common human?
ity pleads with those who are able to
help these poor wretches in their destitu?
tion. B. ll Tillman, Governor.
bit. BABCOCK'S REPORT
The comprehensive report of Dr. L.
B. Babcock reads ar* follows :
COLUMBIA. S C. September 7. 1893
His Excellency. B. R. Tillman
(iovertior of South Carolina-Sir: As
a result of investigations made at your
request I submit the following report :
Three days were spent in making
personal visits to the islands around
Beaufort, and I there found the situa?
tion so serious as to demand immediate
attention The facilities for communi?
cating between the tier of islands and
thc country between Charleston and
Savannah at best are poor, and just at
this time especially so.
In addition to visiting numbers of the
islands inquiry was made through relia?
ble sources of existing conditions in
parts not personally inspected It is
with great regret that, after a careful
inquiry. I must confirm the reliability
of thc published accounts of thc num?
ber of deaths, loss of crop and devasta?
tion of that section.
All that portion of South Carolina
known as thc sea islands and
tbote parts of Coiletton, Beikeley,
Beaufort and Charleston counties
subjected to the tide-water in?
fluences were more or less seriously
damaged by the cyclone and high tide
of Sunday, August 27. The destruc?
tion of crops and homes was more espe?
cially noticeable on the exposed islands,
which include Joh D'S, Wadmalaw.Edisto
Port Boyal, Coosaw, Sr Helena and
others adjaoent. The territory adjoining
Combahee, Ashepoo and the neighbor?
ing rivers was found to have suffered
serious loss. At the lowest estimate
fully one thousand lives were lost. The
coroner of Beaufort places the number at
eight hundred
The storm swept away at least half of
the homes on the islands facing the
ocean, such as Coosaw. Cornau, St.
Helena and Edisto Island. I may state
that on Laud's End, Pollywaaa and
Hope plantation, the survivors are
crowded into the few houses that with
stood the storm. These islands are
inhabited by a population of about
45,000 people, most of whom are de?
pendent upon their crops for support.
Some income is derived from work in
the mines. The tide covered most of
the islands and the* low lands on the
main land and had a most disastrous
effect on the crops.
The salt water entirely killed such of
the cotton, potato and pea crop as it
'covered, and the wind storm blew
down the corn crop. The high tide
and long submersion of tba rice crop
has ruined it. In shorit the planters of
that section have no right to expect
more than an eighth of the ordinary
crop.
With their homes destroyed, their
crops ruined and the phosphate industry
paralyzed by loss of its equipments,
there is very little for ibese people to
do. They have no resources, all of it
was in the destroyed crops* They are
willing enough to work, but ihere is
nothing for them to do. Tb? people
are to-day living on salted potatoes they
have gathered, together with oom
saved. This cannot last long
There are from 20,000 to 25,000
people who will have to be supported
almost wholly UDtil another crop caD be
planted, about April, when they can
?e?kre advances 3&ere ts no other
solution. The history of- this section
shows that after the less severe storms
of 1817, 1855 and 1S71 an epidemic
of malarial fever of malignant type
followed. There is now a serions pos?
sibility of such an epidemic In ad?
dition to the great loss of haman life
there have been a gr??t many animals
drowoed and there has been extreme
carlesaness in the burial of the bodies
The water supply is brackish The
people are. forced to H ve in crowded
houses in many localities, and with the
short supply of provisions the conditions
are far too favorable for the* sprad of
the (ever. /
?oof|/ood and clothing, which .are
sorely needed, will do a great deal to
minimize the possibilities of disease.
A number of cases of fever and diar?
rhoea have been reported already
The central relief committee at
Beaufort has for the past few day9 been
distributing rations among the needy on
a careful basis.
It is realized that the food stuffs con?
tributed will have to last many months,
and on that account limited supplies are
given those known to be deserving of
help. From what I could see there is
no encouragement of idleness, nor is
there any disposition to abuse the
charity by assisting those who are
able to find work.
The superintendents of the phosphate
works advise me they have daily to
turn away hundreds of men who seek
work. The seriousness of the situation
can hardly be overdrawn. The distress
and impending dangers of starvation
appeal for prompt assistance.
Competent relief committees have
been organized with colored representa?
tion, and the distribution of the sup?
plies is being systematically and cau?
tiously managed
In addition to the supply of food
there is a necessity for clothing. Most
of those who survived saved only the
clothing on their backs and are without
proper raiment for the winter season.
Additional medical assistance and
larger supplies of medicines and disin?
fectants I regard as prime necessities
J. W. BABCOCK.
mmmm n ? - -
Privateer Prodigies.
PRIVATEER TOWNSHIP, SUMTER CO..
Sept 4-Mr. T. H. Osteen, one of
Privateer's farmers, has bought but
four pounds of meat in about that num?
bers of years. In that time he has
bought two hogs; every year he kills
from six to eight head of hogs. For
six years he has been farming at the
place of his widowed mother-in-law,
Mr*?. Susan Kolb, who has been one of
tut) best managers that has ever lived
in Privateer. In these six years Mr
Osteen has never bought any corn ; on
the contrary, he has sold on a average
about thirty-five or forty bushels a
year, and his wife bas never seen a
sack of western corn. Mr. Osteen runs
but one plow and says he never expects
to run more than that.
Mr. Abe Ardis, who lives just over
the line in Manchester township, has
been raising bis meat, ever since the
war ; he bas never lost a pig by disease,
and now bas about thirty h ad of hogs,
among ubieh is a sow that raises three
litters of pigs a year. His breed is
almost entirely of that kind called
"piuey woods "
One of Privateer's farmers told nie
that where he made 1350 pounds of cot?
ton, last year, he would not make more
than 300 since (he storm hutt damaged
his crop -McDonald Fur m an, in the
State.
tteiweeu the proposition to issue
treasury notes or to issue bonds there
should be no hesitation To issue
bonds is to perpetuate the national
debt, and increase the amour t on which
the people must pay interest in gold
The treasury notes beat no interest
Augusta Chronicle
Secretary Carlisle is quoted as saying
that there was in the country, outside
of the Treasury, on the 25th of August,
558,452,350 more currency than there
was oo the 1st of August, and $70,
294,783 more than there was on the 1st
of January, but it is hoarded, and
that's what's the matter.
Judge Simonton Rasped By
Gov. Tillman.
The Swan Decision Was More Than
He Could Stand and Ile Tells
Why-lt Makes Racy
Reading.
Governor Tillman has given the
press a statement in regard to the
decision of Judge Simontou in the
Swan case, in which lie rasps Judge
Simonton in a very severe manner.
It is rare indeed that such remarks
are made about a judge of the
United States Court. it makes
.rather lively reading.
Governor Tillman said :
''The decree of Judge Simonton in
the Swan case is an extraordinary
document. Judge Simonton cannot
be supposed to have any ill will to
Swan, and therefore can have but
two objects : First, to bring the ad?
ministration or the dispensary law
into disrepute ; second, to paralyze
the constables in their efforts to pre
vent the importation of contraband
liquors into the State.
It is so illogical, prejudicial and ty?
rannical that 1 feel constrained against
my will to criticise it, and I do this
that the people of the State may
read the decision and these comments
on it at the same time. It may be
unwise in me to do this when it is
well known that the railroad tax
cases, the Agricultural Hall case and
tho case involving the power of the
Railroad Commission are all pending
bet?re this same tribunal But ex?
perience has shown that the present
administration has nothing to expect
from this judge but adverse decisions,
without regard to the merits of any
case presented. I shall, therefore,
ase plain language and call things by
their names.
Swan was ordered to jail yester?
day, but has since been released on
parole by order of the judge, pending
an appeal to the Supreme Court of
the United States on habeas corpus.
For this he has our grateful thanks.
The facts upon which Judge Simon
ton acted are stated by him as fol?
lows : Swan, a State constable, seized
a barrel of whiskey in the warehouse
of the South Carolina railway on the
first day of August without a warrant
to either search or seize, and took no
further steps than to deposit it with
the sheriff of Charleston county. The
whiskey had been received by the
South Carolina railway on April 12th,
and was held for delivery by reason
of some doubt, as to whom it belong?
ed. Swan is charged by the judge
with acting on his own authority,
without instructions, certainly from
any one in the legal department of
the State, and in ali probability he
was without instructions from any
other person.
"This is his offence as set forth by
the judge, and Swan is committed to
prison for contempt of court upon this
showing.
"The real facts are these : Swan
notified me as Governor, that there
was a barrel of whiskey in the depot
and asked instinct iou. I ordered
him to seize it and deposit it with the
sheriff, taking therefor a receipt
When asked later for particulars, he
said the railroad people claimed that
the barrel had been shipped in April,
but showed no manifest or way bill to
prove it. Swan's crime, then, was
that he oby ed the Governor of the
State, whose appointee he was under
the dispensary law ; seized a package
of liquor which had no certificate on
it, as required by the law, was 'in
quantity going to show that it was
for sale,' and deposited it with an
officer of the State court to await the
action of that court as to its owner?
ship and legal disposition.
"Is there any Federal question here
giving the judge of the United States
Court jurisdiction ? There -is accord?
ing to Judge Simonton. It is con?
tempt of court because the railroad
is in the hands of a receiver,
an* appointee of that court.
Now, let us examine the reasoning
und the law upon which this man has
been deprived of his liberty and
imprisoned. Judge Simontou says :
'Were this simply a case of inter?
ference with property in the hands
and custody ot this court without
notice to it, and without action on
its part, its settlement would be easy,'
and then with the humility of Uriah
Heep, he says, 'he (the receiver) and
the court from whom he holds his
appointments, are servants of the
law, exceptionally bound to pay it
the utmost deference and respect.
But the real issue in this case is vastly
more important than an interference
with property in the hands of the
court, continues the learned judge.
Ile then discusses the right to search
and seize property,' and denies the
legality of Swan's action, claiming
it to be unconstitutional. Let us see
how Swan, according to Judge
Simonton, must have proceeded under i
these circumstances. In the first
place. Swan never did search the
South Carolina Railroad depot. He
only went in when the doors were
open and used Iiis eyes to look about,
and in doing so he certainly broke no
law. Judge Simonton says he should
have got a*warrant, and I will ask his
honor against whom ? Against a
barrel of whiskey ? No trial justice
would have granted it, lor warrants
are not issued against things.
Against the receiver? That 'officer
of the court' had done nothing andi
again he would have been unable to
have obtained a warrant
"The United States revenue ofiicers
are not required to take out warrants
against contraband whiskey, and I
deny that it is possible or lawful to
get a warrant for contraband whisk03'
under the Dispensary law while it is j
in transit. The absurdity and impos- i
sibility of carrying out the law under
this construction is, therefore appar-1
eut. While the constable is hunting 1
for a warrant the train containing it !
would move on, or if in the depot, j
it might be delivered to the consignee, j
Tho constitution does guard ns against
'unreasonable searches and seizures,' ,
and the only question here is wheth
er Swami's spiznre waa unreasonable.' ?
"Did he break any doors? No
Dui ho injure anyone? No. Did he!
destroy the property or convert it to j
his own use ? No. It was placed in I
the charge of an officer of the State
court, and Section 25 of the act
expressly provides : ?Ali such liquors
intended for unlawful sale in this State
may be seized in transit and proceeded
against as if it were unlawfully kept
and deposited in any place." Mark
you, it does not 6ay proceeded against
and seized, but seized and proceeded
against ; showing clearly the intent
of the Legislature, and the analagous
power exercised by the revenue offi?
cers of seizing without warrant con?
traband whiskey, is certainly suffi?
cient excuse for my construction of
the law and my orders to Swan. If
this construction is unlawful and
unreasonable, then Swan's action waa
clearly inadvertent contempt if
contemnpt at all, of the
court, merely a trespass pun?
ishable only after conviction by a
jury. The judge may contend, and
does contend, that there is no power
in this act for a constable to do other?
wise than is expressly allowed or com?
manded. Bot the Governor is author?
ized to 'apppoint constables to see
this act enforced/ and the enforcement
of this act required that whiskey in
transit, without the certificate, shall
be 'seized and proceeded against.*
No power of search is claimed, or has
ever been exercised, except under
injunction and by order of a. circuit
judge of the State court.
"Judge Simonton accuses Swan of
'searching,' only to have an excuse for
his tyrannical decree, and in the face
of the facts. But suppose ho did
search and seize where is the con?
tempt ? I certainly did not consider
for a moment the status ot the public
carrier as a receiver when I issued the
order to Swan, and Swan is a simple
public official of South Carolina, duly
authoized to act UHder the dispensary
law, and it is infamous to claim that
he is in contempt of court under those
circumstances.
"The judge said, 'deep down tn the
heart of tue Angle-Saxon race is the
abhorrence of every such exercise of j
power, almost absolute, and such j
exercise is never tolerated except in j
the most extreme and urgent cases, |
when the safety of the people becomes
the supreme law.* Aye ! and deep
down in the heart of the Angle Saxon
race is burning contempt and hate for
the judge who binds himself to acts
of tyranny, or allows himself to be
the tool of saloon keepers and cor?
porations
The mills of the gods grind slowly,
but they grind exceedingly small.
There may be no reckoning with the
judge for he is fortified against every?
thing except public opinion. Swan
has been adjudged guilty of contempt
and deprived of his liberty without a
trial. Ile has been accused of con?
tempt of court and adjudged guilty of
unreasonable search and seizure, has
been tried for one thing and punished
for another.
"Judge Simonten has not
shown in his decree wherein
his contempt consisted. He ignores
that point in his argument a:>d we
are given to understand that whiskey
in the hands of railroads run by
receivers cannot be seized, and pro?
ceeded against without a warrant
If so it will be contempt to tin's South
Carolina Jeffries. The law is
paralyzed to this extent on the bank?
rupt roads, and the temperance peo?
ple and the law abiding citizens of
the commonwealth will kr.:Ow at
whose door to lay the blame.
"We will carry the case to
Washington on tiabeas corpus and
ask the United States Supreme Court
to right this wrong. We may fare as
we did in the case of the sheriffs, but
in contending for the right and justice
I will never consider either the cost
or the result."
The Pnospbate Industry.
One of the results which is not
unlikely to follow the destruction of the
phosphate mining plants around Beau
fort will be the shutting down of this
industry. A member of the Chronicle
staff while at Beaufort after the storm
talked with a number of gentlemen
engaged in different capacities in this
work, and they seemed to be very blue
about the future.
It was declared t'uat the companies!
were not making money, but were j
simply running along and holding their
forces together in the hone of better
times, rather than to shut down. That
several of the capitalists in the industry
wished themselves well out of it, and !
now that they had been summarily j
blown out they would pocket the loss |
and stay out 1
It was declared that the winning of j
thc famous Coosaw case by <?ov. Till- j
man which wiped out the exclusive
rights of the pioneer company and left
the field open to all comers, and secured
a royalty for the state, followed up by
the discovery of phosphate rook in
Florida which could be much more
cheaply mined, had so cut down the
profits in the business that there was no
longer any money to be made in it under
existing conditions. While it was
cheaper to go on with the work ay long j
as they had their ?ally equipped plants,
than it was to go off and abandon them, j
now that their plants had been destroy- j
ed there was little inducement to begin
over anew.
The Brotherhood Company which lost j
the valuable dredge boat ' Kennedy" j
various ly. valued at from ?250,000 to
$850,000, has notified its men that it
will not resume business until two new
dredges eau be built This will mean
a shutting down of several months, and
there are those who believe then? will
Dui ho injure anyone? No. Did he!
destroy the property or convert it to j
his own use ? No. It was placed in I
the charge of an officer of the State
court, and Section 25 of the act
expressly provides : ?Ali such liquors
intended for unlawful sale in this State
may be seized in transit and proceeded
against as if it were unlawfully kept
and deposited in any place." Mark
you, it does not 6ay proceeded against
and seized, but seized and proceeded
against ; showing clearly the intent
of the Legislature, and the analagous
power exercised by the revenue offi?
cers of seizing without warrant con?
traband whiskey, is certainly suffi?
cient excuse for my construction of
the law and my orders to Swan. If
this construction is unlawful and
unreasonable, then Swan's action waa
clearly inadvertent contempt if
contemnpt at all, of the
court, merely a trespass pun?
ishable only after conviction by a
jury. The judge may contend, and
does contend, that there is no power
in this act for a constable to do other?
wise than is expressly allowed or com?
manded. Bot the Governor is author?
ized to 'apppoint constables to see
this act enforced/ and the enforcement
of this act required that whiskey in
transit, without the certificate, shall
be 'seized and proceeded against.*
No power of search is claimed, or has
ever been exercised, except under
injunction and by order of a. circuit
judge of the State court.
"Judge Simonton accuses Swan of
'searching,' only to have an excuse for
his tyrannical decree, and in the face
of the facts. But suppose ho did
search and seize where is the con?
tempt ? I certainly did not consider
for a moment the status ot the public
carrier as a receiver when I issued the
order to Swan, and Swan is a simple
public official of South Carolina, duly
authoized to act UHder the dispensary
law, and it is infamous to claim that
he is in contempt of court under those
circumstances.
"The judge said, 'deep down tn the
heart of tue Angle-Saxon race is the
abhorrence of every such exercise of j
power, almost absolute, and such j
exercise is never tolerated except in j
the most extreme and urgent cases, |
when the safety of the people becomes
the supreme law.* Aye ! and deep
down in the heart of the Angle Saxon
race is burning contempt and hate for
the judge who binds himself to acts
of tyranny, or allows himself to be
the tool of saloon keepers and cor?
porations
The mills of the gods grind slowly,
but they grind exceedingly small.
There may be no reckoning with the
judge for he is fortified against every?
thing except public opinion. Swan
has been adjudged guilty of contempt
and deprived of his liberty without a
trial. Ile has been accused of con?
tempt of court and adjudged guilty of
unreasonable search and seizure, has
been tried for one thing and punished
for another.
"Judge Simonten has not
shown in his decree wherein
his contempt consisted. He ignores
that point in his argument a:>d we
are given to understand that whiskey
in the hands of railroads run by
receivers cannot be seized, and pro?
ceeded against without a warrant
If so it will be contempt to tin's South
Carolina Jeffries. The law is
paralyzed to this extent on the bank?
rupt roads, and the temperance peo?
ple and the law abiding citizens of
the commonwealth will kr.:Ow at
whose door to lay the blame.
"We will carry the case to
Washington on tiabeas corpus and
ask the United States Supreme Court
to right this wrong. We may fare as
we did in the case of the sheriffs, but
in contending for the right and justice
I will never consider either the cost
or the result."
The Pnospbate Industry.
One of the results which is not
unlikely to follow the destruction of the
phosphate mining plants around Beau
fort will be the shutting down of this
industry. A member of the Chronicle
staff while at Beaufort after the storm
talked with a number of gentlemen
engaged in different capacities in this
work, and they seemed to be very blue
about the future.
It was declared t'uat the companies!
were not making money, but were j
simply running along and holding their
forces together in the hone of better
times, rather than to shut down. That
several of the capitalists in the industry
wished themselves well out of it, and !
now that they had been summarily j
blown out they would pocket the loss |
and stay out 1
It was declared that the winning of j
thc famous Coosaw case by <?ov. Till- j
man which wiped out the exclusive
rights of the pioneer company and left
the field open to all comers, and secured
a royalty for the state, followed up by
the discovery of phosphate rook in
Florida which could be much more
cheaply mined, had so cut down the
profits in the business that there was no
longer any money to be made in it under
existing conditions. While it was
cheaper to go on with the work ay long j
as they had their ?ally equipped plants,
than it was to go off and abandon them, j
now that their plants had been destroy- j
ed there was little inducement to begin
over anew.
The Brotherhood Company which lost j
the valuable dredge boat ' Kennedy" j
various ly. valued at from ?250,000 to
$850,000, has notified its men that it
will not resume business until two new
dredges eau be built This will mean
a shutting down of several months, and
there are those who believe then? will
Dui ho injure anyone? No. Did he!
destroy the property or convert it to j
his own use ? No. It was placed in I
the charge of an officer of the State
court, and Section 25 of the act
expressly provides : ?Ali such liquors
intended for unlawful sale in this State
may be seized in transit and proceeded
against as if it were unlawfully kept
and deposited in any place." Mark
you, it does not 6ay proceeded against
and seized, but seized and proceeded
against ; showing clearly the intent
of the Legislature, and the analagous
power exercised by the revenue offi?
cers of seizing without warrant con?
traband whiskey, is certainly suffi?
cient excuse for my construction of
the law and my orders to Swan. If
this construction is unlawful and
unreasonable, then Swan's action waa
clearly inadvertent contempt if
contemnpt at all, of the
court, merely a trespass pun?
ishable only after conviction by a
jury. The judge may contend, and
does contend, that there is no power
in this act for a constable to do other?
wise than is expressly allowed or com?
manded. Bot the Governor is author?
ized to 'apppoint constables to see
this act enforced/ and the enforcement
of this act required that whiskey in
transit, without the certificate, shall
be 'seized and proceeded against.*
No power of search is claimed, or has
ever been exercised, except under
injunction and by order of a. circuit
judge of the State court.
"Judge Simonton accuses Swan of
'searching,' only to have an excuse for
his tyrannical decree, and in the face
of the facts. But suppose ho did
search and seize where is the con?
tempt ? I certainly did not consider
for a moment the status ot the public
carrier as a receiver when I issued the
order to Swan, and Swan is a simple
public official of South Carolina, duly
authoized to act UHder the dispensary
law, and it is infamous to claim that
he is in contempt of court under those
circumstances.
"The judge said, 'deep down tn the
heart of tue Angle-Saxon race is the
abhorrence of every such exercise of j
power, almost absolute, and such j
exercise is never tolerated except in j
the most extreme and urgent cases, |
when the safety of the people becomes
the supreme law.* Aye ! and deep
down in the heart of the Angle Saxon
race is burning contempt and hate for
the judge who binds himself to acts
of tyranny, or allows himself to be
the tool of saloon keepers and cor?
porations
The mills of the gods grind slowly,
but they grind exceedingly small.
There may be no reckoning with the
judge for he is fortified against every?
thing except public opinion. Swan
has been adjudged guilty of contempt
and deprived of his liberty without a
trial. Ile has been accused of con?
tempt of court and adjudged guilty of
unreasonable search and seizure, has
been tried for one thing and punished
for another.
"Judge Simonten has not
shown in his decree wherein
his contempt consisted. He ignores
that point in his argument a:>d we
are given to understand that whiskey
in the hands of railroads run by
receivers cannot be seized, and pro?
ceeded against without a warrant
If so it will be contempt to tin's South
Carolina Jeffries. The law is
paralyzed to this extent on the bank?
rupt roads, and the temperance peo?
ple and the law abiding citizens of
the commonwealth will kr.:Ow at
whose door to lay the blame.
"We will carry the case to
Washington on tiabeas corpus and
ask the United States Supreme Court
to right this wrong. We may fare as
we did in the case of the sheriffs, but
in contending for the right and justice
I will never consider either the cost
or the result."
The Pnospbate Industry.
One of the results which is not
unlikely to follow the destruction of the
phosphate mining plants around Beau
fort will be the shutting down of this
industry. A member of the Chronicle
staff while at Beaufort after the storm
talked with a number of gentlemen
engaged in different capacities in this
work, and they seemed to be very blue
about the future.
It was declared t'uat the companies!
were not making money, but were j
simply running along and holding their
forces together in the hone of better
times, rather than to shut down. That
several of the capitalists in the industry
wished themselves well out of it, and !
now that they had been summarily j
blown out they would pocket the loss |
and stay out 1
It was declared that the winning of j
thc famous Coosaw case by <?ov. Till- j
man which wiped out the exclusive
rights of the pioneer company and left
the field open to all comers, and secured
a royalty for the state, followed up by
the discovery of phosphate rook in
Florida which could be much more
cheaply mined, had so cut down the
profits in the business that there was no
longer any money to be made in it under
existing conditions. While it was
cheaper to go on with the work ay long j
as they had their ?ally equipped plants,
than it was to go off and abandon them, j
now that their plants had been destroy- j
ed there was little inducement to begin
over anew.
The Brotherhood Company which lost j
the valuable dredge boat ' Kennedy" j
various ly. valued at from ?250,000 to
$850,000, has notified its men that it
will not resume business until two new
dredges eau be built This will mean
a shutting down of several months, and
there are those who believe then? will