Historical Newspapers of South Carolina

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?M?^8M?ai??**ttlMMM*?^Mfa - ? Another Lawsuit Caused by the June Bugs An Injunction to Prevent the Dismem? berment of Berkeley County. . News and Courier. It seems that the law changing the lines of Berkeley County will have to mn the gaunlet in the Courts before it can become effective. *Ju8t a few days ago Governor Till? man appointed J. C. Guilds, W. N. Jones, I. N. Wilson, Peter Nelson, Charles H. Wilson and G. N. Scruggs as commissioners to make arrangements for selecting a new county seat. Now comes aa injunc? tion restraining the commissioners from taking any steps in the matter. Mr^Cbarles S. Venning, attorney for Julian Fishburue, W. M. Wil? liams and D. T. Harmon, appeared before Judge D. A. Towsend yester? day morning and presented a peti? tion for a restraining order. After reviewing the history of Berkeley County and citing the new county law,vcopy of which is attach? ed, petition concludes ; Fourth (1) The plaintiffs allege and submit that the said Act of December, 1893, is contrary tr? the provisions of Section 2, Article 2, of the Constitution of this State, which provides : **Tbe judicai districts shall be here , after designated as counties, aud the boundaries of the several counties shall remain as they are now estab? lished : Provided, that the General Assembly shall have power at any time to organize new counties by changing the boundaries of the old counties And the plaintiffs submit that the Act of December, 1893, violates this provision of the Constitution, in that it does not suffer the boundaries of the said counties established by the Act of 1882 to remain undisturbed, but undertakes to change the same other than for the purpose of organizing a new county. And these plaintiffs / submit that the General Assembly of this State is without power to change the boundaries of any existing coun? ty except for the purpose of organ? izing a new county. Fourth. (2) .That the defendants are a board of commissioners ap? pointed by the Governor, ?. B. Tillman? of the said State, in pur? suance of the said Act of 21st of December, 1893". Fifth That Section 4 of the Act of December, 1893, provides for the appointment by the Governor of a board of five persons, one from each of the subdivisions known as par? ishes, out of which the said couuty of . Berkeley is thereby formed, and one, a citizen of some other county than either of the counties of Charles? ton or Berkeley. Sixth That Section 4 further provides that said board shall select by vote, a majority of them, a suitable site of the county seat of the couti-1 ty of Berkeley, and shall, as soon ? thereafter as sufficient notice can in j their judgment be extended to the j qualified voters of Berkeley County, j submit the question of suitableness of j the place so selected by them as j the site of the county seat of said county to a special election, at which j all the qualified voters of said county shall have the right vote on the [ question, to wit, all who shall have j resided twelve mouths within the State i and sixty days within the borders of j Berkeley County as fixed by this I Act. Seventh. That Section 4 further! provides that if a majority of the ballots cast in acordance with the j provisions of said Section 4 of said i Act be in favor of said selection, then j the board shall notify the Governor ] and report the result of said election and selection, and the Governor! shall then by proclamation announce ! the result thereof, and the place j selected shall be the county seat of j the county of Berkeley. Eighth. That Section 4 further pro- j vides that the said board shall each ! receive three dollars per day for each I day necessarily engaged in the i duties imposed, and five cents per mile each way for all necessary travel in performing their duties, to j be paid by warrant of the county j commissioners based on the verified statement of said board, on the county | treasury to be paid out of any moneys for county purposes. j Ninth That said Section 4 fur? ther provides that each notice of? election to be had in accordance ! with the provisions of this section be \ by publication thereof in a county I paper-at least once a week for three ! successive weeks Tenth That Section 5 provides j that until the next apportionment of i Representatives the county of Berke- ! ley shall bc entitled to four Repre- j sentative8 and the county of Charles- j ton to nine Representatives. Eleventh. That Section 12 pro? vides that as soon as a site for the county seat of Berkeley shall have been duly selected and proclaimed under the provisions of previous sec? tions in this Act, and a temporary or permanent house be erected to re? ceive them, all the records, books and office furniture and appurtenances of Berkeley County, now situated at the Court House and former county seat of Berkeley County at Mount Pleasant, shall be transferred to the county seat of Berkeley County tablished under this Act, ll indictments, with their pendings, charging an committed in that portion of territory charged shall be trans? ferred to the county seat of Charles? ton County to the proper officers. . Twelfth. That Section 12 further provides that all present county officers as are required to hold office at the Court House shall move their offices, records and furniture to the new connty seat of Berkeley as soon as the same shall be ready to receive them. Thirteenth. That the Governor shay appoint a commission of four persons, who shall have authority inter alia to sell the Court House and any other county property at Mount Pleasant and to divide the proceeds between the two counties of Berkeley and Charleston on a just basis, etc. Fourteenth. That the plaintiffs heiein are citizens and taxpayers in the said county of Berkeley and that the said Act will not only subject the said county to an illegal burden of a great amount of money in the current year, but it is contrary to the provisions of the Constitution of this I State; ! Fifteenth. That the said Act cuts off from the county of Berkeley much of its richest territory, and the damage thereby to the citizens of Berkeley will be irreparable. Sixteenth. That if the provisions of the said Act of December, 1893, are carried out the damage resulting therefrom will be irreparable. Wherefore plaintiffs ask judgment j that the defendants above named be forever enjoined and restrained from carrying out the provisions of the said Act of December 20, 1893. That this honorable Court decree the said Act of December, 1893, to j be unconstitutional, null and void, and for such ether and further relief as may be just and proper and for the costs of this action. Charles S. Venning, Plaintiffs' Attorney, Judge Townsend issued the follow? ing decree : State of South Carolina, County of j Berkeley-Julian Fisburne, W. M. Williams, D T. Harmon against J. C. Guilds, YV. N. Jones, Isaac N. Wilson, Peter Nelson, Charles H. Wilson, G. N. Scruggs-In? junction On reading and filing the annexed complaint and the affidavits thereto attached it is, on motion of Charles S. Venning, plaintiffs attorney, Ordered. That the defendants show cause before me, at the Court House in C ii ai lesion, county of Charleston, and State aforesaid, on the tenth day of March, 1894, at 10 o'clock A. M., or as soon there? after as counsel can be heard why an injunction should not be issued restraining them from carrying out the provisions of the Act of Decem? ber, 1893, mentioned in the above complaint, and why a decree should not be issued declaring said Act unconstitutional, null and void. And it is further ordered, That said defendants be in the meantime restrained, and they are hereby for-1 bidden, to carry out any of the pro- j visions o? aforesaid Act until the further order of this Court. Dated at Charleston the 28th day ! of February, 1894. D. A. TOWNSEND, Presiding Judge, j -. ? -+4 - Is This the- Scheme. The State, March 4. The solution of Chiuese puzzles is as uothiog in comparison with the at* tempt to keep up with* the variety of moves in the political arena in this State. The Reformers seem to be bent on making all kinds of mixtures. Every leader is developing ioto a thor? ough schemer. All kinds of combina? tions and schemes come up every day now Of late there has been a variety of schemes and plans revealed. Some have been successful and some Eave not. The State has been keeping up with a good many of the moves on j both sides, but it was not uotil yester day that information was obtaioed of ! stid another plan which his perhaps more meaning, if what is said be true, i than any other that has yet developed. It appears to be deep laid, but as ! things now are there is likely to be | some checkmating done somewhere on j the political chessboard before it can be entirely carried out. What infor? mation The State has on the subject there is every reason to believe comes fro in a reliable source. It is somewhat unexpected too. It is the scheme which it is said Governor Tillman in? tended to quietly work at the proper moment to accomplish the defeat of Senator Butler in the coming race for the United States Senate. What is more if it be successfully worked, Messrs Ellerbe and Tindal, the two strongest candidates, from present iu dicatioo8, for tthe office of Governor, would be effectively knifed and put upon the shelf, and John Gary Evans, the Governor's personal friend, would get the realization of bis ambition. The plan, as outlined to The $tate representative, is for everything to rock along smoothly till after the con? vention is called. Then Governor Till? man will go before that body in a self sacri6eing attitude, and for the sake of "restoring unity in the Reform ranks," offer to make the race for a third term as Governor, apparently giving up all his Senatorial aspiration." Then it would be easy, it is said, to get Evans on the ticket for Lieutenant Governor. It is said that this whole thing was probably settled upou at the conference between the Governor and Evans on Friday. The Governor has not said that he would not stand for re-election as Governor. He was careful io bis cboiee of language, saying that he had had two terms and did not care to serve a third. He can easily get out of che impression thus created, just as he did io the matter of calling the Colletoo idea convention. Taking Evans as his running mate, the Governor would go into the fight, making tile State campaign .lively on the dispensary and other State issues. Thu9 be will get out of the necessity of meeting Senator Butler face to face on the stump on national issues, be? fore the people. He thinks, so it is said, that he can, by being io the State campaign, keep the Reformers united ; that the Conservatives who are dissat? isfied with Senator Butler's coarse, will split off from the other Conservatives who will stick to Senator Butte/, and put np another Conservative candidate against the Senator, thus bringing about a division io the legislative representation of the Conservatives, and permitting him to walk right into the United States Senate. Governor Till? man weald not have to nerve as Gov? ernor bat a few days when be could step down and oat, give John Gary Evans the chair, aud proceed to the Senate. When this information was men? tioned to several of Senator Butler's staunch friends they said that the Senator was on the lookout for any schemes to sidetrack him ; that he in? tended to checkmate any such move on the part of any one who did not wish to meet him on the stump, and if it became necessary would stamp the State as a candidate for Governor him? self as against Tillman If Governor Tillman does become a candidate for Governor; and Senator Batter shoald j come oui' against him, it would give the I latter a good advantage, for he would bave the Governor in an unpleasant j position. Of coarse The State does not at- j tempt to say what there is in the above scheme. It was talked of yesterday in political circles, and is given for all it is worth, WASHINGTON LETTER. _____ WASHINGTON, March 5, 1894. President Cleveland, who basa fine sense of humor, will doubtless smile when he returns from his hunting trip and gets a glimpse of a bill that has been evolved from the brain of Mr. Bailey, the brilliant young TexaD, whose devotion to tbe Constitution has earned him fame io the House. A preamble to the bill recites the charges that have been made of the encroach? ment of the executive apon the j prerogatives of th? legislative branch j of the government, and the bill provides for a cessation of such encroachment by relieving Senators and Representatives from all participation io the making of appointments. It provides further that whenever the j President desires information not con- j tained in the papers of applicants for j office he must get it from some one who j is not a member of either branch of j Congress. While Mr. Bailey's bill has ! some desirable points, the country, to say nothing of Congress, is hardly j educated up to such a high standard ! yet. Congress would to be sure be j purer and more patriotic if its members j had no dealings with patronage, but un? til there is a decided change in human nature Congress is not likely to deprive its members of the privilege of trying, if they do not always succeed, to get offices for those who help them to get into Coogress. Although it took more than two weeks to get a voting quorum on the floor of ^he House to pass Mr. Bland's bill for the coioage of the seigniorage, the quorum did not stay two days. True, there is no especial need of a quorum to consider the pension appro? priation bill, which is now before the House, but that is no good reason why so maoy members should be absent They are sent here and paid to attend the sessions of the House and they should either do it or resign and allow ! some one else to do it. No business ! transacted by .Congress is of more importance than the making of appro? priation?, and that for pensions is the largest of them all. ? The expressions of pleasure from men of all shades of politics at the news of the convalescence of Chairman Wilson speak volumes for the esteem in which that gentleman is held by ali who know him. He never forgets that he is a democrat of democrats, nor does be j ever forget the courtesy due from one ; gentleman to another, not even in the midst of the hottest political wrangle on , the floor of the House ; hence his de- '? served popularity. Secre:ary Herbert's official statement j of his having compelled the Carnegie j Company, which has the coutract to make the steel armor for our new war j ships to pay ?140,484 94 io the j government, on account of defects in armor furnished last year, was not news to those democrats who enjoy the confider ce of the Secretary, but it was a new departure om the part of the Navy Department that must have very much surprised Mr. Carnegie and his j associates, who have been so long accustomed to being able to "fix up"] any charge that happeued to be made j against them in connection with their ! dealings with the government. In fact, they fried to "fix up" this matter by appealling from Secretary Herbert to j the President, but the President stood by the Secretary and the cash had to be planked down. No amount of influence cao get any crooked business approved j by this administration, except it be done through the connivance of some of the holdover minor officials who are still occupying places that ought to be filled by democrats and who are in the pay. indirectly, if not directly, of some of the old contractors. It is not expected that the Senate will take up the bill for the coinage of the seigniorage until after the tariff bill has beeu passed. Senator Voorhees says he did not. overwork himself as much during the long silver fight at the extra session as he has done since the democratic caucus returned the Wilson tariff bill to the Finance committee for revision, and the other democratic members of the commit.te have worked just as hard. The sentiment of the democratic Sen? ators is unanimous for harmony, but the trouble is that some of them have so far refused to harmonize unless given their way about several schedules of the bill. If there is a way to revise the bill so that it will get every democratic vote in the Senate the committee is determined not to abandon its search until it bas been found. Members of the committee now decline to name a time for the reporting of the bill, contenting themselves with saying that not one hour shall be unnecessari? ly lost. No one can possibly be more ! anxious for speedy action on the bill than are the members of the committee, and it is ouly fair to say that the bill would have been reported two week ago had it not been for oppositions outside the committee. Death of James Callison. A special to The State, dated Green- j wood, March 5, says: Capt. Jas. ! Callison of Edgefield, widely knowe as [ the "Duke of Shatterfield," dropped \ dead at his home this morning. Last night he complained of a pain in the chest, and told his wife that he was going to die He got up this morning better, and arranged to come here with j cotton. At breakfast time he was found dead on the floor of his room. Mr. Callisou came into prominence ? in 176 as a member of the Wallace | house, and served in that branch for i ten years with honor and distinction. He served one term in the State Senate, and has since been a safe leader in Edgefield until the Reform movement was organized, to which he could not \ lend any influence or aid. Politically ostracized by bis old com? rades he has remained ever since a Con? servative Democrat and a good citizen. Heart failure is supposed to have been the cause of his death. State Liquor Purchases. In speaking of the report that the j dispensary had not been receiving large j shipments of liquor since the Supreme ! Court bas had the constitutionality of the dispensary law under considera? tion, says Ute State of the 7th, Liquor Commissioner Traxler yesterday said : "I am not fearing that Supreme Court decision, and I don't think Gov? ernor Tillman ts either He certainly ! knows no more about it than [ do. It is a mistaken idea that we are not buying much whiskey now. As a mat? ter of fact I have ordered more liquor I in the last four weeks and have more i en route than I have purchashed in all j the other three mooths put together j since the dispensary has been in opera? tion. Only a few days ago I seDt cer? tificates to the Mill Creek company for 600 barrels of whiskey. We have or? dered, too, about 400- barrels of corn liquor and I am just getting io 90 barrels from North Carolina. I have recently ordered some alcohol from A L. Webb & Co., Baltimore The corn whiskey comes from the Greenville Distillers Association." An Indian Poetess Editors Woman's Journal : Sometime ago the Charleston (S. C.) News and Courier contained the follow? ing item. "At a meeting in Boston the other ! day, under the auspices of the Massa- i chuseets Indian Association, Miss E. Pauline Johnson, of Canada, read | several original poems. She is a daughter of a Mohawk Indian Chief. Miss Johnson appeared in the costume of ber tribe, which included a necklace of cinnamon bear claws and a bracelet ! of panther claws." The following additional information will be interesting. Miss Johnson's J Indian name is Ken-yen-neen-tha, which, means the Snow Drift, and her father, who is now dead was Chief! George H. M. Johnson, of Cbiefswood, j near Brantford, Ont. Miss Johnson is the only Indian I i can remember hearing of who has ? ever written poetry. As I write, coe of her poems lies by me ; from it I make the followiog extract, which shows the mighty power of Red Jacket as an orator. "Through war's o'er-clouded skies His higher flush of oratory woke, And factious schemes succumbed whene'er be spoke. To bid his people rise." MCDONALD F?RMAN. Ramsey, S. C. February, 7, 1895. j Bnckleu's Arnica Salve. Tbe Best Salve io the world for Cuts, Bruises Sores. Ulcers, Salt Rheum. Fever Sores, Tetter, Chapped ilands Chilblains, Corns and all i Skin Eruptions, and positively cures Piles, or ! no pay required. It is guaranteed to give per- j feet satisfaction, or money refunded, "rice ; 25cents per box. For sale by Dr. J. F. W. De Lorme G. W. DICK, D. D. S. Office over Levi Bros.' Store, ENTRANCE ON MAIN STREET. SUMTER, S. C. j Office Hours-9 to 1 : 2.30 to 5.30. The novel called "An Eclipse of Virtue," bj Champion Bissel], contained in the March number of "Tales From Town Topics," isa bright and daring work, dealing in a most original manner with the most delicate subject, the love of woman for man. The ! heroine of the story, a beautiful youog widow j with an immense fortune, acts strangely and ? startlingly toward thejouth that adores her. She is a thorough woman of the world, and conceives that it would he foolish and disas? trous for her to marry her penniless suitor. So she keeps him at arm's length for some time, and then kidnaps him. It ie a remark? able thing for a woman to do, but Mrs. Pent ! is an extraordinary person in every way, and ber manner of running off with her young lover is at least interesting and exciting. The life of those two together is unconventionally charming, and one rather regrets when it is interrupted. The cause of the interruption is, of course, another female, a mere child of nature that flits across the path of the widow's lover and immediately captures bis heart. There is a tragic ending to the story, as there must inevitably be to such a dan? gerous complication of unholy incidents. The author is master of an unusually brisk and graceful style, and his narrative is closely filled with the wit, philosophy and brisk movement that go to make up a captivating piece of fiction. Town Topics Publishing Co., 21 West 23d street, New York City. FOR -F?LL ASSORTMENT- . BEST NEW GARDEN SEED, -FULL LINE Purest Druis and Chemicals, CALL ON J. S. HU6HS0N & CO., Monaghan Block. MAIN STREET, Feb 8._SUMTER. S. C. A. WEITE & SON, Fire Insurance Agency, ESTABLISHED 1866. Represent, among other Companies : LIVERPOOL & LONDON & GLOBE, NORTH BRITISH & MERCANTILE, HOME, of New York. UNDERWRITERS' AGENCY, N. Y., LANCASTER INSURANCE CO. Capital represented ?75,000,000. Feb. 12 CABBAGE PLANTS ATOW BEADY FOR SETTING l\ OUT. All the different kinds of CABBAGE PLANTS FOR SALE At 25c. per 100 or $2 per l.OOO. Also a fine assortment of Geranium's and others flowers. Orders can be left for me at the store of Mr. W. H. Yates, or call on me at the Ceme? tery. OTTO GARHAJRDT, Jut 24. NOTICE. LANDS FOB SALE, 1. One lot with two story dwelling, Dew house, on Washington Street, between Cal? houn and Republican Streets. 2. One lot, with dwelling house, on New Street, formerly property of M. H. Wells. 3. One lot in the town of Bisbopville, on Dennis Street, formerly property of C. S. Davis. 4. 90 acres of land consisting of two tracts, ! one ot 20 acre3 and one of 70 acres, on Provj ! dence road, six miles from Sumter. 5. 250 acres of land, 3 miles east of Sumter, formerly owned by Miss Julia R. DeSchamps. 6. 40 acres of land on Turkey Creek, for? merly owned by VV. W. McKagan. For particulars applv to A. J. CHINA, Jan. 24. Pres. Sumter B & L. A.?so. "TM FARMERS' MUTUAL INSURANCE ASSOCIATION OF SUMTER COUNTY, Is a CO-OPERATIVE ASSOCIATION oper? ating under an Act of S. C. Legislature, 1891, which makes it the safest Insurance in the World. Beiog Co-Operative it is the strongest ; carrying three-fourths of the risk by Fire. Wind and Lightning at about one-tenth of old line rates for fire only, it is the cheapest. They can disband by paying all losses, but they cannot fail to pay their losses. Don't pay all you make to enrich foreigners. See our Pamphlet, save money, secure yourself and help build up your own section. W. F. RHAME, H. G. SHAW, Treasurer. President. A. G. WARREN, Agent. Jan. 3. PATRICK Military Institute, ANDERSON, S. C. AMILITARY BOARDING SCHOOL, opens SEPTEMBER 12th. Full corps of experienced teachers. Healthy locaticn. Social moral and religious influences good. Rates reasonable. Terms accommodating. Apply for catalogue. GOL. JOHN B. PATRICK, Principal. Juna 23-3m 4-POS-TIV-LY-12 FOUR WEEKS by our method teaching book-keeping is equal to TWELVE WEEKS by the old style. POSITIONS GUARANTEED under eertain conditions. Our "free" 56and 80 page catalogues will explain "all." Send for them -Draughon's Business College and School of Shorthand and Telegraphy.-Nashville, Tenn. Cheap board. No vacation. Enter any time. Address, J. Fi DRAGGHON, Pres't Nashvilie, Tenn. Dec 20-8m. The Last Shipment of * Horses for the Season? JUST ARRIVED-ONE GAR LOAD H. HARB Y'S. Sumter, S. C., Feb. 22,1894. Don't forget that the Walter A. Wood Slower is IMITATED but never equalled. Lightest Weight. Lightest Draft. ONLY STEEL MOWER MADE. Henry H. Bloom, Sept. 27 Agent, Sumter, S. O. -GO TO KINGIMAN & CO., -FOR FINE FANCY GROCERIES. New Crop 1893 Nuts and Raisins, New Mince Meat, Jams, Jellies, ?cc, &c. Kingman & Co.'s Reliable Hams, Strips and Smoked Tongues are the fiuest goods on the market to-day, they are mild and sweet. New Buckwheat, Graham and Rye Flour. The largest line of Canned Goods in the city, all fresh packed and the best goods at Kock Bottom Prices. THE INTERNATIONAL CYCLOPEDIA. A Modern Work of reference for the Home? Library, Office or School. 15 Royal Octavo Vols., 50,000 Titles, 125 Double Page Maps, 150 Double Page Illustrations. Cash ot easy payments. Write for terms to CHAS. H. CHAPMAN, P, 0. Box, 195, Charleston, S. C, General Southern Agent Feb 14-x