Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

THK SUMTER WATCHMAN, Katabiuhed April,.1S50. "Be Just and Fear not-Let all the Ends thou Aims't at, be thy Country's, thy God's and Truth's." THE TKUE SOUTHKON. Established Jane, i 266 Consolidated An- 2.1881. SUMTER. S. C., WEDNESDAY, APRIL 24, 1895. Sew Series-Vol. XIV. So. 39. (% WBt?tym an?r ^oiit?jroii Published Every Wednesday, -BY-_ J>3\ Gr. Osteen, SUMTER, S. C. TERMS : Two Dollars per annam-in advance. ADYSRTISEMEKT: One Square first insertion.Si 00 Every subsequent insertion..... 50 Contracts for three months, or longer will be made at reduced rates. All communications which subserve private interests will be charged for as advertisements. Obituaries and tributes of respect will be charged for. Goff's Gaff Plunged Deep Into the Ar? mor of Carolina's Registra? tion Law. Injunction Order Issued. The first move in the matter of testing the registration laws of South Carolina in the United States Court has been made, and the parties mov? ing to have the courts pass upon them have been successful thus far. . Judge Nathan Goff of the United States Circuit Court has granted an order in the matter that is very far reaching in its effects. Messrs Douglass & Obear, repre? senting the parties desiring the test, appeared before Judge Goff, in the United States Circuit Court at Clarks? burg, West Ya , on Weduesday and presented their bill for an injunction against Supervisor Green of this county, upon which the restraining order and rule to show cause referred to was granted. The "bill for injnction," which was presented reads as follows: THE APPLICATION. United States of America, South Carolina District-In the Circuit Court, Fourth Circuit-In Equity. Lawrence P. Mills vs. VV. Briggs Green; bill for injunction. To the judge of the Circuit Court of the United States for the district of South Carolina: Lawrence P. Mills, a citizen of the State of South Carolina and of the United States brings this, his bill against W Briggs Green, a citizen of the said State and United States : And thereupon your orator complaios, and says: 1. That this bill is exhibited on be? half of your orator, and of ali others citizens of the county of Richland in the State of South Carolina, and United States aforesaid, circumstanc? ed like your orator in this behalf and who are too numerous to be made parties hereto. 2. That your orator was twenty six years of age on the 4th day of February, 1875 ; that he is a resi? dent of the precinct of the County of Richland in the State of South Caro? lina ; that he is male citizen of the United States ; that he has resided in the State of South Carolina for more than one year preceding ?he last general election ; and he has re? sided in the said county of Richland for more than sixty days prior to the general election 3. That your orator is an elector of the said State of South Carolina, pos sessing all of the qualifications of an elector of the most numerous branches of the State Legislature, provided by the constitution of said State; and that he is subject tc none of the dis qualifications set forth in the said constitution ; and he is, under the Constitution and laws of the United States, duly qualified to vote at all Federal and State elections held in said precinct of Richland county iu the State of South Carolina. pr 4. That in a section known as Sec ^tion 90 of the Geueral Statutes ol South Carolina of1882 is set forth the following : "All electors of thc State shall be registered as herein after provided ; and no person ebal be allowed to vote at any electior hereafter to be held unless registerec as hereinafter required and tha Section one hundred and thirty twc (132) of the Revised Statutes of Soutl Carolina of 1893 is to thc same effec and in the following words : "Al electors of this State shall be register ed ; and no person shall be aiiowet to vote at any election thereafter t< be held, unless he shalt have hereto fore registered in conformity with th requirements of chapter VII, of th< General Statutes of 1882, and act amendatory, or shall be registers as herein required." - That by a section known as Sec tion ninety-four (94) of the sai Geueral Statutes of 1882 is provided "When the said registration (in cei tain books to be provided him an made in the manuer provided for i section 93) shall haye been compl?t?e the books shall be closed, and nc reopened for registration, except fe the purposes and as hereinafter mei tioned, until the next general electio for State officers. After the said ne? general election the books shall fc opened for registration of such pe ;ons as shall thereafter become itled to register, on the first M lay in each month, to and until ?r8t Monday in July, inclusive, r ;eding the following general elect apon which last n?med day the sa shall be closed and not reopened registration until after the said g ?ral election, and ever after the s books shall be opened for the re? trallon of such electo?^ on the d; above mentioned, until the first ( of July preceding a general electi when the same shall be closed aforesaid until the said general el tion shall have taken place;" i section one hundred and thirty-sei (137) of the said Revised Statutes 1893 it is provided: '-'After ev? general election the registrati books shall be opened for registrat of such persons as shall thereai become entitled to register, on first Monday in each month until first day of July preceding a gene election, when the same shail closed until such ejection shall hi taken place." 6 That the section known as 8 tion ninety-seven (97) of the s: General Statutes of 1882 is in t following words: "Any person coming of age, and becoming qm fied as an elector, may appear befi the supervisor of registration on a day on which the books are oper as aforesaid, and take oath as to age and qualifications, as herein! fore provided, and if the supervii find him qualified he shall enter name upon the registration book the precinct wherein he resides " 7. And your orator further alleg that in and by the requirements said registration enactments of j government of the State of Soi Carolina, it is provided that 1 respective supervisors of registrati in the several counties shail issue the voter, when registered, a cert cate of registration, and that S? voter shall present the same at 1 polls to the managers of electic and that no one shall be allowed vote at any election to be held in t State unless his certificate of reg tion as aforesaid is exhibited at t time and in the manner aforesaid. And it is further required in and the said alleged enactments that case a voter or elector shall remo from one. county to another in 8? State, or from one precinct to auoth in the same county, or from one re dence to another in the same precim that he shall obtain a transfer and renewal certificate. And it is further provided in si enactments that in the event elector shall lose his said certifici of registration, he must obtain a \ newal thereof, upon furnishing e1 dence satisfactory to the registrar the.said county wherein he resid< that his said certificate has been m laid or lost and that the same has r been wilfully or intentionally dispc ed of. Your orator further al leg that by a previous requirement said enactments the elector faili for any reason to comply with a of the provisions aforesaid is deni a right of suffrage both in Fedei and State elections. And your oi tor further alleges that the provisio of the said enactment fixing the tir for registration and the closing of t books for that purpose on the fii ' day of July preceding every ele tion, and the many divers provisior requirements and conditions set c in the variou? and sundry sections said alleged act were intended, ai that they in effect did, abridg impede and destroy the suffrage [ the citizen both of the State and ; the United States. I 8. And your orator further ave I that on the 24th day of Decembe i 18P4, an alleged act was passed 1 ' the government of the State of Sou Carolina entitled : "An act to pr . vide for calling a constitutional co f vention, to provide the number ai > qualification of members of the co ? vention, their compensations, et< ? and to provide for the election of tl I same, and to define and prescribe tl i qualifications of the electors, and tl I manner of the elections and of d t daring the result.7' That by secth > four (4) of the said act it is declare ? who shall be entitled to vote for del t gates to the said constitutional co 1 vention, and in addition to the qua - fications prescribed for electors 1 1 the constitution of the State of Sou 3 Carolina is provided a further quali - cation, to wit : that the elector 1 2 "duly registered as now required I e law or who having been entitled s register as a voter at the time of tl 3 general registration of electors in tl State which took place in the year > our Lord one thousand eight hundn d and eighty-two,or at any time SUDA : quent thereto, failed to register > such time required by law, or wi d has become a citizen of this Sta n and who shall register as hereinaft I, provided in such cases." And yoi >t orator further avers that by sectic >r six (6) of thc last mentioned act *. is provided : "That on the first Moi n day of March, in the year of oi rt Lord one thousand eight hundn ,e and ninety-five, the supervisor r' registration of each county shall, the county seat thereof open books of registration and shall the same open for ten conseci calendar days thereafter, except days, between the hours of o'clock in the forenoon and 4 o'c in the afternoon, except Charle: Beauford and Richland coun where the said books shall be open from 10 o'clock in the fore: to 6 o'clock in the afternoon, du which time any elector then or tl tofore at any time entitled to reg as a qualified voter, or who ha? come a citizen of this State, shal during the time herein fixed by for registration., entitled to reg as such as hereinafter provided ; any elector having been thereto duly registered or having 8 changed his residence, or having his certificate, shall be entitle< have the same transferred or rene as now provided by law." And ; orator further avers that by sec seven (7) of last named act it is vided : "Any elector who shall 1 been entitled to register at the eral registration in the year of Lord one thousand eight hun< and eighty two, or at any time su quent thereto, and who failed register at such time as requirer, law and who shall make applica under oath, in accordance wit printed form to be prepared by Attorney General, setting forth each case the fact, to wit : the name, age occupation and resid? of the applicant at the time of said general registration, or at time thereafter, wheu the said a\ cant became entitled to register, the place or places of his reside since the time he became'entitlei register, which affidavit shall be i ported by the affidavits of reputable citizens who were eac the age of twenty-one years on thirteenth day ot June Anno Dor eighteen hundred and eighty-two at any time the said applicant beca entitled thereafter to register, or elector who bas become a citizen: this State, by moving into the si and his place of residence since ing in the State, and who shall m application under oath stating time of his moving into the Si and his place of residence since ing in the State, which aoplical shall be supported by the affidavi two reputable citizens who w twenty-oue years of age at the t the applicant became a resident this State, such applicant shall allowed to register as a voter and have issued to him a certificate ? duly qualified elector in the man and form now provided by law i be entitled to vote at said electioi delegates to said convention. And your orator avers and he charges that the time allowed section six (6) of the act last nan is unreasonably short for the purp for which it purports to be intent -and that the provisions of sect eight (8) are burdensome aud han ing to*the electors, and are unreas able and unnecessary-and the sa so limit, abridge and qualify I privilege of registration that tl result in a practiced denial of i right to vote of those electors w i by the operation of the unconsti i tioal provisions of the General St t mes of 1882, and Revised Statu . of 1893 are now unregistered. , And your orator farther avers t t the sections above quoted from and f ferred to as contained in said Gene I Statutes of 1882 and Revised Statu , of 1893 and act of 1894 are so in i f woven, with, and are such integ f ps?rts of, the whole all?ger registrar laws of the State of South Carolina t 3 if the same be declared unconstitutio and void, as herein prayed, the wb j enactments in regard to registration i j likewise void. That your orator is advised and - so charges that all of the sections he i inbefore quoted from and referred to . contaioed in the General Statutes , 1882 and Revised Statutes of 1832 a 3 the act of 1894 are io violation of BI e tion thirty-one (31) of Article one (] e section two (2) of Article eight (I - and section eight (8) of Article eic n (8), and divers other sections of t i Constitution of the State of South Cai i- ima, in this : that they add to the < i- dinary qualifications of electors pi i- vided for in said Constitution a fi y ther qualification not therein provide h to-wit : Registration asjrequired by t i- several sections of chapter seveot (7 e title two (2) of part one (1) of sa y General Statutes of 1882, also knot o a? chapters eight (8) of title two ( e of part one (1) of tbe Revised Statut e of South Carolina of 1893, and as al )f required by sections 4. 5, 6, 7 and 8 d the aforesaid act of 1894 ; and in thi g. that they 8dd to the causes authori it iog the Legislature of said State to d O prive the citizens thereof of the rig :e of .suffrage, a cause not contaioed ?r said Constitution, to-wi'. : a failure ir be possessed at the time of election of m certificate of registration, although tlx it duly registered upon the books ot regi i- trat'oo ; and in this, that tho sever ar supervisors of registration of said Sta ;d ap.' directed to open their regi*trati< of books after each general election for tl at registration only of tho^e citizens cor. ? lng of age and becoming quslifi hectors since such general eic ind do close said books and to them closed as to all other c?as? unregistered electors, with no pro in said unconstitutional registi laws, except the ten days provide ?n the act of 1894 after the repsti af those comi?g of age and hecc qualified to vote for the general ele of 1882 ; or the general elacti 1884 ; or the general election of 1 or the general election of 1888 ; o general election of 1890 ; or general election of 1892, failed to : ter at the time provided in said for the registration of such vo that inasmuch as no person sba allowed to vote unless registre? provided by the aforesaid laws, inasmuch as none of thc said laws vide for the registration period succeeding their coming of agr? an coming qualified as electors exee within the aforesaid ten days, said istration laws do deprive all each ers of their constitutional right of frage, and all such voters are pe nently disfranchised, in plain viol of their constitutional rights. 9 That by Section Two (2 Article Ooe (1) of the Const ituti the Uoited States it is provided tha Federal "electors io each State have the qualification requisite electors of the most numerous br of the State Legislature." That effect cf the above quoted clause is the constitution of the United S has provided that the quaiificatiot the Federal electors in the Stat South Carolina shall be the san those provided in the constitution o laid last named State, for elector the most numerous branch of the i Legislature as completely and ch as though each and every one of qualifications were in exact words ii porated in the constitution of United States-and your orators a that the said registration laws an violation of said Section Two (2 Article One (1) of the said Cons tion io this that they undertake to to the qualifications of the Fee electors of the State of South Carol qualifications not prescribed by Constitution of the United States, your orator further avers that the registration laws of the State of S Carolina are in violation of Section (Ijf Article Fourteen (14) of the < siltation of the United States and, : are in violation of Section One (1 Article Fifteen (15) and of divers o sections and articles of said ins ment. And your orator further avers charges that said registration laws not reasonable, uoiform, or impa regulations of the elective franchis but, on the contrary, their purpose effect is directly and indirectly abridge and impede the con?tituti right of the citizen to vote-to em rass, render burdensome, the exer of the elective franchise and under tense of regulating to utterly des the suffrage of your orator and a h number of other citizens of said S ia like circumstances with him. 10 By Section Two (2) of the af said act of 1894, it is provided that i election of delegates to the said cor , tutionai convention shall be held on third Tuesday in August, 1895, that ? said convention shall assemble on i second Tuesday io September, 1895, t s*' convention is called for the purr i o. :vieing, amending or changing . constitution of the said State, and w [ assembled, will have full power to 3 vise, airer, abridge, curtail ac d qua the right of your orator and of all ( I zens of the 5?id State of South Carol 1 to vote for the members of the rx t numerous branch of the State Legi: I ture, and thereby to revise, alt ? abridge and curtail the quilificati a now requisite to enable your orator vote at ail Federal elections as r B imposed by the constitution of United States, s ll. That \V. Briggs Green bas bi f appointed to the offioe of supervisor i registration for Richland county afo . said under and in pursuance of s unconstitutional registration laws; tl he is now exercising the duties p t scribed by the same, and your ora e has been informed and believes that i- intends to continue so to do, and fur - ermore he specifically intends to fi H nish and deliver to th^ several boai .- of managers for the several precio in Riohland county, aforesaid, to e hereafter appointed, to hold the eh i, tion of delegates to the said oonsti d tional convention, certain paper wr n ings purporting to the registration boo ) aforesaid of the several precincts to $ used by said managors at said approac 0 ing election. >f 12. Your orator further shows th I, under, and by virtue of the said u constitutional registration laws the s 2- pervisors appointed thereunder, are r it quired to continue said partail, void ai n il'e^al registration on the first Mond; io in May and June and .July. 1895; at a that after thc first day of July, 189 n they are directed by Section Eight ('< 5- j of the act of i894. to "furnish the ma al ;igers at each precinct with one of tl te I registration hooks for each presinc ?nf and no elector shall bc e ie j titled to votr whose name is not regi a- i tercd as hereinbefore or already pr lilied by law, aod who does not produce I ais registratioD certificate at the polls cr h ere he offers to vote." 13 That your orator failed to regis- ] ter at the registration day for the gen- ? 2ral election of 1888, or to be registered luring the ten days io March, 1895, provided for in said act of 1894 because although he made repeated aod persis ent efforts to become registered, he found himself unable to comply with the unreasonable, unnecessary ana burden Bome rales, regulations aod restrictions prescribed by said unconstitutional reg? istration laws as conditions precedent to his right to register, and your orator has never been allowed to vote a: anv Federal or State election of the said Suite of South Carotina. 14. That your orator is desirous of voting for delegates to the aforesaid constitutional convention at the election prescribed by the act of 1894 for that purpose; that the paper writings pur? porting to be the books of registration in the hands of the said defendant do not and will not contain the name of your orator as a registered voter for the reason hereinbefore stated ; that your orator and others like circumstanced with him will not be permitted to vote ' at said special election by the managers thereof, unless their names be found j upon the books of registration and they j can produce the registration certificates hereinbefore mentioned ; that if the said defendant be permitted to continue the aforesaid illegal, partial and void regis- I tration and be allowed to turn over to the managers of election for the aforesaid county of Richland (when ap? pointed) said paper writings purporting to be the books of registration for the several precincts in said county, your orator will be deprived of his right to vote at said election and grievous and irreparable wrong and damage will be dour to your orator and a large class of citizens like circumstanced with bim, which can be preveoted only by the interposition of this court by way of restraining the said defendant from the performance of any of the acts herein? before referred to. To the end therefore, that your orator may have fall, perfect and sufficient re? lief in the premises, city it p;ease your honors to grant onto your orator a writ of injunction restraining and enjoining the said defendant individually and as supervisor of registration from the per? formance of any of the acts hereinbefore complained of, and that your orator L,ay have such other and further relief in the premises as may be just and reason? able. May it please your honors to grant uoto your orator a writ of subpoena to be directed to the said defendant, com? manding him, at a certain time, and un? der a certain penalty therein to be lim? ited personally, to be and appear before your honors in this honorable court, theu and there to answer unto this bil of complaint and to do and receive whai to your honors shall seem meet in the premises. OBEAR & DOUGLASS, Complaint's Solicitors. JUDGE GOFF'S ORDER. The following is the far-reaching or der issued by Judge Goff; no doubt i will be a surprise to the State aathori ties : United States, of America, Sooth Caro lina District ; in the Circuit Court Fourth District-In Equity. Lawrence P. Mills vs. W. Brigg Green ; bilk for injunction : On bearing the bill in the above en titled ca6e, und on motion of Messrs Obear and Douglass, complainant's soli citors, it is Ordered, That* the defendant, IV Briggs Green, both individually and a supervisor of registration for Richlan County in the State of South Carolina be enjoined and restrained until tb further order of this court from th commission of any of the acts con plained of in the above entitled bill, copy of which must be served upon hit with this order. It is further Ordered, that the said W. Brigg Green do show cause before me at Cc lumbia, South Carolina, on Thursday thc 2d day of May next, why this orde should not be continued, or some orde of like purport and effect be then gran1 ed enjoining and restraining him, bot individually and as such supervisor c registration from tbe commission of an of the acts complained of in said bi until the final bearing and determine tion of this cause. This hearing shall be in the Unite States Circuit Court room. Columbii South Carolina This 16th day of April, 1895. (Signed) NATHAN GOFF. U. S. Circuit Judge Fourth Discric Bicycle Oil, Lanterns, Grapniti Bells, Pants Guards, etc., for sale c E. G. Osteen & Co's. Highest of all in Leavening I The Silver Star. Its Glamour Spreading Over Western Skies. DLNVER, April 16.-The open air mass meeting held about the steps of the capitol this afternoou io honor of the silver agitators, Gen. Warner, of New York, and Ex-Congressman Sib? ley, of Pennsylvania, was one of the largest that Denver has ever seeu. Long before the hour which had been set for the openiog the people began to gather and at 2 o'clock there were many thousand listeners. Excursion trains brought io hundreds from the mining camps. On the steps of the capitol and about the great arcade were gathered many distinguished Colorado citizens. The air was delightfully mild and the sunshine brilliant. For an hour before thc time set for the speeches bands played. Judge A. W. Racker introduced Congressman Sibley, who was greeted with cheers. "Any place but Colo? rado to talk silver," he said. "I didn't come to talk silver. 1 can do thar ia the East, where it is needed, but I oan ask you to advance and exalt the spirit of patriotism, even at the sacrifice of partisanship. The President has said the ignorant people of Colorado have got to be educated on the money ques? tion, and 1 wish he were here to see whom he proposes to educate. Silver sentiment is steadiy growing and even in Boston and Michigan it is crystaliz ing. It is spreading in spite of the efforts of J. Sterliog Morton and other branches of the cabinet. The people of the East will think the white ballots for silver in 1896 will amount to a snowstorm and will lie down and die like the blind mule in the storm of popcorn. If silver had got its rights when Cleveland took the President's chair, Denver would now be the cen? ter of population of the United States. But I did not come here to attempt to educate you on the subject cf bime? tallism, but to meet the people of Colo? rado and talk with them as brothers, and fill myself ap with the life and vigor and electrical force which one gets from breathing the pare ozone of Colorado, and shaking hands with her people." Mr. Sibley was frequently interrupt? ed with applause from the vast assemb? lage of men and women and expressed himself as more than gratified with the earnestness of the people in the cause of silver. Gen Warner followed Mr. Sibley in a practical, business-like discussion of which has been bis life htudy. He also read extracts from a letter which he received this morning from Senator Jones, explaining the cause of his ab? sence and failure to be with the party at this time. The letter also stated that Senator Jones bad fully intended to make the Western tour with Messrs. Sibley and Warner, but on the day tbac be was to start from New York, his physician positively forbade him to at? tempt it. Senator Jones is suffering from heart trouble and spells of great mental depression. The letter also stated that be had telegraphed Geo. Warner before the party left Chicago, but the telegram was never received by Mr. Warner. Senator Stewart's name was heartily cheered. As to the future of the party in this State, the committee having the mat? ter in charge have arranged for a spe? cial train over the Denver and Rio Grande, over which the party will start to-morrow morning. It is the intention to stop for au hour or two at a number of the smaller towos along the route and receptions will be given at the larger places The cities visited will ioclude Colorado Springo, Pueblo, Lead? ville, Glenwood Springs and Aspen This evening Mr. Sibley addressed a crowded house at. the Y. M. C. A room on "The topics of ~be times." Good paper at Mets, 1 Sets, 2'A-is, 25cts 3Qcts per box. Fine paper at 35ets, 40 cts 45cte, 50cts, 55cts, 60cte, 65cts, TOcts, 75ct$ der box at H. G. Osteec & Co. Those who never read the advertisements io their newspapers miss more than thej presume. Jonathan Kecison, or Bolan, Worth Co , Iowa, who bad been troubled with rheumatism in his back, arms ftci shoulders read an item io his paper about how a prominent German citizeo o: Ft. Mad? ison had been cured. He procured the same medicine, and to use his own words: ''It cured me right up." He also says: "A neighbor and bis wife were both sick in bed witb rheumatism. Their boy was ever to tny house and said they were so bad he h?d to do the cooking, I told him of Chamberlain's Pain Balm and how it had cured me, he got n bottle aDd it curfd them np in a week. 50 cent bottles tor sale by Dr. A. J. China. Choice TSTiting Paper ton cents per bos at H. Q. Osteen & Co's. 5ower.--Latest U. S. Gov't Report sa ITELY PURE ?