The watchman and southron. (Sumter, S.C.) 1881-1930, December 02, 1896, Image 1
atchmau on
THE SUMTER WATCHMAN, Established April, 1850.
"Be Just and Fear not-Let all the Ends thou Aims't at, be thy Country's, thy God's and Truth's."
THE TRUE SOUTHRON", Established Jane. 1366
Consolidated Aug. 2,1881.
New Series?Yol. XVI. No. IS
Mitfct?? HH?T ?D?tl)rO!?.
Published Srsry Wednesday,
JNT. Gk Osteen,
S?MTER, S. C.
. terms :
$1 50 per annum?in advance.
advertisement:
One Square first insertion.$100
S very subsequent insertion. 50
Contracts for three months, or locger will
be made at reduced rates.
All commnnications which subserve private
interests will be charged for as advertisements.
Obituaries and tributes of respect will be
charged for.
Anomalous Position.
_
Magistrates Without any Ju
risdiction Whatever.
SO JUDGE E AELE DECIDES.
The Magistrates of this State are
in an anomalous position. They are
officers without any jurisdiction
either civil or criminal. So Judge
Earle has decided in Barnwell, ac
cording to the Sentinel of that coun
"ty
A case was brought before the
? Judge by Major L. T. Izlar, who
raised the point that the Act provid
ing for the appointment of Magis
trates simply created the office with
out prescribing the jurisdiction of
the officers, and that as the old Trial
Justice system was constitutional
and bad not been repealed, that sys
tem was still of force, making an
office in existence without any
officers to fill them, for there are now
do Trial Justices.
Judge Earle, according to the pa
per, decided that Major Izlar was
right and dismissed the case against
bis client who had been arrested on
order of a Magistrate. ~
This carious and unfortunate con
dition of affairs arose from the bill
creating the office of Magistrate,
which passed the last Legislature
after a long and somewhat Acrimoni
ous debate The bill took away from
the Governor the power of removing
Magistrates, and although a great
fight was made to strike out that fea
ture, it did not succeed in accord
ance with a right given the Governor
under the new Constitution he ap
proved that portion of the bill which
appointed Magistrates and named
their salaries, but "held up'7.the oth
er portion which took away the
power of removal aud which defined
their duties, and thus it is that there
are Magistrates holding office and
drawing* salaries who, according to
the judicial opinion, have no right to
absolutely do anything pertain
ing-to the dnties usually devolving
upon such officers.
Major Izlar raised the point last
spring and was about to begin habeas
corpus proceedings before 'the Su
preme Court to test the matter in the
case of a certain prisoner in Barnwell
County. Governor Evans, seeiftg
the point and the complications that
would arise, pardoned the negro and
left Major Izlar high and dry with no -
case to proceed on. But he evident
ly didn't intend to be blocked and
got up another one before Judge
Earle and won it.
The same question came up before
Judge Benet last spring, in which he
rendered a decision which was gen
erally thought to be of the same ef
fect as that of Judge Earle's, but
Governor Evans etates that Judge
Benet says his decision has been mis
understood by the public, and that he
didn't decide that way.
; It can be easily seen to what dis
astrous results such a state of affairs
can lead Law-breakers will only
have to raise the point that the Mag
istrate has i:o jurisdiction and that
will settle it as far as they are con
cerned, unless the lawyers can de
vise some means to hold them fur
ther Those fellows who have al
ready been sent to the chain gang or
the jail will likely kick themselves
that their lawyers didn't discover the
fiaw in the law and save them. But
now they have no redress, as they 1
submitted without raising the point
of jurisdiction.
Governor Evans was asked yester
day what was to be done about it,
and said nothing could be until the
Legislature met ?Columbia Regis
ter.
It is said that Col Neal will have ?
considerable opposition for reelection as
superintendent of the penitentiary at
tbe coming session of the general as- ?
sembly. Rumor has it that he will be ;
opposed by Mr. John T. Gaston, the ;
present acting State liquor commission- ;
er. Mr. Gastoo, it is said, will be tbe ,
-odidate of those who are making the
gbt agaiost Colonel Neal'e reelection. .
is also said tbat Mr. Wbarton of
?ureos will be a caed ida te for this
ce.
The Shrinkage in Cotton.
Tne Tumble in Prices Has
Lost the South Fifty Mil
lions of Dollars.
Atlanta Journal.
Cotton is worth $5 60 per bale lese
than it was on the 10th of September.
The price of Jauuary cotton io New
York on that date was 8.77 To-day it
opened at 7 64. This makes a differ
enee of ?50,000,000 in the market
value of a crop estimated by the conser
vatives at 9,000,000 bales.
The coarse of the market since , the
beginning of the cotton year has been
erratic, and has so far departed from
the estimates of the best posted opera
tors, aod has so confounded and con
tradicted what is kdowu as 4 the best of
opinion,*' that authorities bave been
several times reversed, while some of
the great operators, who have been win
ners for years, aod were believed to be
almost infallible, were caught by the
market coming and going and are
heavy losers by the reversal of their
judgements by the logic of events.
The long drought of the summer so
scorched the cotton fields aod played
such havoc with vegetation generally
that about the opening of the cotton
year a 7.000,000 bale crop was the es
timate .generally credited by cotton
meo. Under the influence of this be
lief cotton went up by leaps aod bounds,
reaching the high pooit of 8 77 for
January in New York about Sept. 10.
There was a mighty movement of
great operators to corner the market,
and tbey thought they had it
cornered, but nature, "devising
long and devising slow,*1 set ail their
plans to naught. September ushered
io an ideal aatumo season for harves
ting and maturing cotton. The cotton
bolls opened rapidly and the staple
spread its fleeca banners out beneath in
a genial sun which lingered long in its
inspiring warmth apon the cotton fields.
The staple poured into market early
and with great volume. It was seen
that estimates were at fault, and the
price began first to fluctuate and then to
fall
Theo the great operators began to
hedge. Tbey had lost heavily by buy
ing August aod they thought to eveo
up by selling October. Later the
shrinking price had the effect of slakeo
ing the stream of cotton that was
pouring into market, and the staple
went up a few points, paused and fluc
tuated* Then came the frosts of No
vember 8, by whioh, aocording to first
reports, the late bolls of the top crop in
the Mississippi valley and Texas were
killed. There was a revision of esli
mates and a reaction in prices and the*
bulls had their way for a few days.
Nature has again smiled, as if in
derisioo of tbo fallibility of human
judgment ; the sunshioe has warmed
the bolls into new life, and it is found
that the damage of the recent faeezs is
not so great as was at first supposed.
In the Mississippi delta and in Texas
there seems to be some life in the top
crop yet. and estimates again rauge up
toward 9,000,000 bales, while few put
rbe number below 8,500,000. Ooly
the altra sanguine make it 8,250,000.
So we have prices ooce more on a low
level aod the crop has shrank $50.000,?
000 in value.
Salem In Kersfaaw.
To the Editor of The State.
I notice in your issue of the 17th
inst. a commucici ion from Bishopville
sayiog that the election held in Ker
shaw county for the new county
(Salem) was illegal and great irregu
larities were reported Please allow
me space in your paper to say to your
Bisoopville correspondent that I was
a manager at Turkey Creek precinct in
Kershaw county and that the report is
uotrue. No person was allowed to vote
at said precinct?except qualified elec
tors, and I can prove by every voter
who voted there that day that he saw
the the registration book aod that his
name was Oti the book, except two
voters, who presented their registration
certificates. If the election in Kershaw
bad resulted in a two thirds majority
for the new county your correspondent
would have reported the election all
right. Always sweep around your own
door first. S. T. Garner.
Tiller's Ferry, Nov 23.
Tobacco Grower's Conven?
tion. \
Governor Evans yesterday appointed |
delegates, as follows, to the Natiooal (
Tobacco Growers, and Dealers' conven
tion to be held at Ocala, Fla., Janurry
17. 1897 : i
First district, M. R. Cooper, Col- (
leton; second district, S. G. Mayfield, j
Denmark; Third district, R. C. Kirksey ]
Basely; Fourth district, T. J. Moore,
Moore's; Fifth district, Joseph Ed
wards, York; Sixth district, F. M.
Rodgers, Florence; Seventh district,
-Woodham, Sumter.
- mm ?
Sewing Machines and Organs cleaned and
epaired at the Sumter Music House.
What Does Murray Mean?
The State board of canvassers
practically finished all their work
Monday When they reconvened
yesterday it only remained for them
to declaie the election of State and
county officers and circuit solicitors
against whom there were no protests
The tabulation of the returns as made
by Mr. Booker was approved and the
board adjourned
The hosts of protestants who were
at Monday's meeting seem to have
silently got them hence as quickly as
possible after the result was declared.
Not one was to be seen on the streets
yesterday. What hopes George
Washington Murray and Colonels
Jones and Johnston have of getting
seated by the Republican house was
notfintimated by any of them while
in the city.
A gentleman, who is well up on
politics, said yesterday that he be
lieved their protests would experi
ence the same fate before congress as
before the board of canvassers
He continued that it would hardly
be the Republican plan to interfere in
South Carolina elections, but to pur
sue a* more farsighled and liberal
policy in the hopes of weaning the
State from her Democratic moorings.
This could, in a large measure, be
accomplished by. non interfeienee
with the election laws, he thought.
There was one significant fact in
Murray's protest before the board,
said the gentleman, that was signifi
cant on account of its absence. That
was all claims or reference to the
registration laws of the State being
unconstitutional Murray was the
first man to ur^e the fight against
this law in the Republican conven
tion last summer and even contributed
$100 to the cause.
"Now, what does the absence in
his protest of all claims of the un
constitutionality of the registration
law mean?" asked the gentleman.
"Nothing more than that Murray was
so instructed when he went on to
Washington to get the endorsement
of the national eommittee for con
gress over Cecil Cohen. If my
theory is right as I believe it is, the
contestants will have but a poor
show before congress. Murray may
have a chance of being seated, but I
rather think he will be rewarded in
some other way Just what it is would,
be hard to say, but certainly not by
giving him any office that could give
offense to the people of this State."
"And," concluded the gentleman,
"you will not see the foieting of
office hungry politicians into fat jobs,
who are simply Republicans for the
money that's in it "?The State.
Washington, November 24.?The
poet office department bas complainte
agaiost fifty or sixty Presidental post
masters throughout the country charged
with violating the order of tbe Presi
dent prohibiting them from taking ao
active part in politics. Most of these
cases are in the West, particularly Illi
nois and Iowa. It is hardly probable
that the Postmaeter General will take
action agaiost all tbe offenders, but deal
only with the most flagrant cases.
The others will be left for the hatchet
of the Postmaster General appointed
by Mr. McKinley. The terms of of
fice of a number of them will oot ex
pire for a year or two after March 4
next.
Cleveland's New Home.
Princeton, . J., Nov 27.?Prof.
Andrew Wesi of the university return
ed this afternoon from Washington,
where he had been laying the claims of
Princeton as a place of residence before
President Cleveland. Prof. West,
when eeeD this afternoon, authorized the
following statement for publication:
"President Cleveland has to-day
purchased the residence of Mrs. Slidell,
on Bayard avenue in Princeton, and
will make Princeton his permanent
home soon after tbe expiration of his
term a9 President Negotiations look
ing to this end have been in progress
for atout three weeks and were consum
mated to-day by the purchase of the
property. A number of leasoos have
attracted President and Mrs. Cleveland
to Princeton.
"The President's father was educa
ted for the Presbyterian micistery here.
The quiet and iedependent home life
Df the place, its bea6hfulnes9, its con
venience to New York, the attraction of
university society as well as other
reasons have been influential in his de
cision."
Tbe actual price paid for the proper
ty could not be learned tonight, but it
is generally understood that the Presi
lent paid between $45,000 and $60,000
for it. The property is beautifully
ocated in the western part of the
village and overlooks a picturesque
stretch of farming country three or
four miles in extent.
Alfred Daniels, alias Frank Wil
iams, colored, was lynched near
}aioegville, Fla., for arson.
The County Law.
Questions Tnat Have Arisen
Passed Upon.
The matter of the elections for the
formatioo of new couoties involves
aiany issues which are being constantly
preseoted in one form or another.
Every time the people proceed with one
of these elections certain questions as
to the construction of the act govern
ing the formation of new couoties arise
aod the attorney general is called upon
to construe the law.
Here, for instance, are a number of
lega' questions propounded to the attor
ney general yesterday by Mr. L.
Baker, the chairman of a Limestone
county committee. They are given
together with the answers and will be
of special interest to all concsrned in
the formation of new couoties.
Will it be legal for persons living
within the boundaries of the pro
posed new Limestone county to register
December 7, it beiog one of the three
days in each month required by law?
Yes.
Will they by so doing be legally
qualified to cast their votes for or
agaiost the new county ; the election
having been ordered for December 8 ?
Yes.
Will it be legal to opeu the registra
tion books on any day previous to the
first Monday in each month ?
No.
Will a voter so registering be enti
tled to vote io the new county elec
tions ?
No.
Can a person be registered at the
couoty seat by another person if he
will make oath that the person, or per
sons, he represents has all other legal
qualifications ?
No.
is it necessary to have three boxes at
each polling preoioct ? The law hav
ing required a two-thirds majority,
will it require a two-third majority as
to name aod place ?
No, one box ; second, two-thirds on
all questions.
Would a failure of a two-third ma
jority as to name or place invalidate the
whole election ?
No.
an important opinion.
The attorney general has also ren
dered the following opinon which will
likewise be of special interest to new
county people :
Messrs. M. M. Tate and others, Man
agers of the new County Election,
Gaffney, S. 0.
Your telegram was received just as
I was leaviog Columbia and I delayed
answering until I could investigate the
question. I wired you my conclusion
and now give you the reasons upon
which it was based.
Section 3 of the act regulating the
formation of the new couoties provides
that all persons entitled to vote noder
the Constitution and laws of this
State at general elections shall be en
titled to vote at such elections. (See
acts 1896 )
It is evident that persons registered
on December 7 are entitled to vot? at
general elections aod that qualified
them to vote at a new county election,
It ig true that section 7 of the regis
tration aot provides that the registration
books shall be closed 30 days before a
special election. (See acts 1896, page
381.)
But I do not consider a new county
election a special election within the
meaning of that act. I understand the
term "special election," as used in this
act, to mean a special election for offi
cers or something of that sort, while a
new couoty election is a regular elec
tion, pursuant to law. The gene
ral assembly could hardly have
contemplated closing the rigistra
tioo books in any county when a new
county election is to be held 30 days
before suoh election. Such a course
might seriously interfere with the regis
tration of electors for the general elee
tion following. But the registration
act and the new couoty act, being new,
may not thoroogly harmonize ; but ?
take the view that under them a person
registered on December 7th and other
wise qualified to vote is entitled to vote
in a new county election held Decem
ber 8th. There is another and more
serious question that might arise and
which I merely oall to your attention
without expressing any opinion. You
will observe that section 7 of the regis
tration act requires the registration
books to be opened on the first Monday
in December, 1896. at the court house
aud kept open for three successive days.
This will include the very day on which
your election has been ordered and may
complicate matters.
Yours very truly,
William A. Barber,
Attorney General.
SALEM's CHANCE.
It is understood that the attorneys
representing those favoring the pro
posed new couoty of Salem ioteod to
proceed by mandamus in order to com
pel the board of canvassers for Kershaw
county to count the votes io the boxes.
The board, it seems, took the manager's
return sheets simply, and did not can
vase tbe returns. The friends of Salem
declare that their case could nor. be
made out save through the actual count
of the members.
Last of the Bohemians.
The real Bohemian is gone?I refer
to the besotted geniuses who used to
tramp from one newspaper office to an
other, getting sober on the march; elec
trifying the readers of the next paper
they came to; falling from grace tbe
week after, and marching on again.
And it is true that in provincial cities,
the majority of tbe peocil pushers no
longer gather after the strain of the
day, and sit the evening through
in the draught cool lager; over
turning the world and cursing the
evanescence of human hope aod
the rotteoness of established institu
tions.
I was thinking the other night how
fast the tribe was thinning out; how
seldom the seedy garb and eye so ge
nine appeared incongruously together
these times upon thedoor of the sanctum,
turn. But as my memory ran tbe last
few years, I recall a few who had lost
neither the divine fire nor the taste for
alcohol.
I remember wall,for instance, a small,
compact, swarthy man from the west,
with a dark eye, luminous as phos
phorous, a clear cut visage, with
straight nose aod square jaw. He'
was the soberest man I ever saw. He
wanted work, and to prove that he
could write he hauded the editor some
copy. He said he would sell it for aoy
old thiog at all. He Deeded food.
He must have money. He was given
two or three dollars. The story aftv..
wards appeared under the title of
"How to Live oo $1.50 a Week. Tbe
humor and pathos of it swept the town,
and there were a thousand smilea*and a
thousand tears io Atlanta that evening.
He was at once placed in the local etat?,
where his labors showed not only the
skill of tbe traioed newspaper man,
but tbe plain earmarks of vigor and
originality At last the paper had got
the man for whom it had been looking.
He was clever, be was reliable, he was
experienced. For four months, he
was the bright particular pride of the
shop. We wondered where be had
been, and why he came here Won
dered if the name he had given us was
not assumed. We wondered a lot of
things, until one day.
He had been dcing police work. A
great murder story come to light. It
was one of those crimes which set the
imagination upon the strange circum
stances. No eye had seen, nor ear had
heard tbe smoke and shot which
wrought the cruel death. It was a
crime of darkest mystery. It was a
chance for brilliant work. Our new
jewel was the man. We would "beat17
all contemporaries that day. It wa9
our etorj. It came in our time. Aod
we bad the man for the job.
Tbe swarthy man with the lustrous
eye and the square jaws was given the
assignment. We saw by his quiet de
meanor and tue increased pallor of his
drawn face that there would be hot stuff
in the paper that afternoon. By 9
o'clock he was out at work. Eleven
o'clock came. Twelve o'clock came.
Then came tbe Bohemian. A red hot
stove was burning in the middle of the
room. The man of genious entered.
He bad what I thought a look of in
tense earnesteness. I thought I had
seen the look on the faces of men of
genius before. He sat down and
thought. But old not write. He con
tinued to think.
The telephone bell rang.
"Want you at the telephone," said i
the devil.
The man of genius arose. He made
three distinctive efforts to get around the
stoves. He veered over agaiost the
wall, and finally ran har? against the
telephone.
The chief of police wanted to see
him. He stuck the wrong end of the ear
trumpet to his ear. He couldn't hear.
Tbe jag was out of the bag. He koew
it. He exclaimed :
"Gentlemen I'm drunk."
He was sent borne io a hack. He
never came back. We had a diabolical
time with the notes he had brought in,
aod be came very near ruining us.
But, we knew why this man of ge
nius had come upon us so forlorn, had
worked for U9 so cheaply, had been so
utterly silent. He was tbe last of the
tribe of Bohemia I have seen in Atlan
ta.?Atlanta Journal.
???
Lamp shades when artistically made of
;repe tissue are things of beauty. If you
want to make shades to beautify jour homes,
?. G. Osteen k Co. can supply tbe materials.
A. large stock of crepe tissue in ten foot rolls
ast received. ?
Highest of all in Leavening Po-w
The Soutl?s Thanksgiving.
A Symposium in the Manufac
turers' Record.
Baltimore, Nov. 24.?The Manu
facturers' Record publishes this week
as appropriate to Thanksgiving Day
several hundred letters from leading
business men, manufacturers, mer
chants and railroad officials throughout
the South, giving their views as to why
the South especially has many reasons
for giviog thanks for material blessioge.
With only two or three exceptions
these letters give a very hopeful out
look as to the general feeling of im
provement that exists in business circles
in all the Southern States, and show that
the prospects are everywhere favorable
for increasing activity on the part of the
manufacturing interests, for a large
movement of population to the South
from the North and West, and liberal
investments of outside capital in South
ern enterprises. Many railroad and
industrial undertakings that have been
held in abeyance for months are now
being taken up and plans matured for
early construction. Farmers are re
ported to be less in debt than for many
years, the very heavy grain crops and
large production of meat during the
past few years haviog made the Saath
almost self-sustaining in the way of
food stuffs, and thus kept at home the
millions of dollars that have heretofore
gone West for corn and provisions.
Particular emphasis is laid upon the
growing power of commerce from
Southern ports, the magnitude of this
business showing that the South is to
hold as commanding a position in our
foreign trade by virtue of the proximity
of its ports to the Central Western re
gions that produce the grain and pro
visions for export as it now holds in
iron and cotton manufacturing.
While two out of the several hundred
letters take an unfavorable view of the
situation and do not look for much im
provement, the others are of a most
cheerful aod hopeful character aod are
expressive of the many reasons why the
South has reason to give thanks for
blessings enjoyed, for dangers escaped
and for the bright promises of great in
dustrial, commercial development, and
also for the assurance of a great South
ward movement of population.
? ? * ? ' mm* '
The War In Cuba.
Havana, November 26.?The Offi
cial Gazette will shortly publish a de
cree issued by Captain General Weyler
ordering the redemption of the present
gold bills in fifteen days aod a new
issue of ?20.000,000 io silver bills in
place place of them.
A number of planters consulted Gen
Weyler to-day in order to obtain per
mission to griod susarcane at their own
risk. Their request was refused on the
ground that the order stopping grind
ing was of a general charcter, and
would be enforced without any ex
ception being made.
Lopez Coloma, who it was an
nounced would be shot this morning
for the crime of rebellion, was kept in
the chapel for the condemned for twen
ty-four hours. He was executed this
evening. No reason is given for the
unusual delay.
Two trains on the Western Railroad
were fired upon by rebels yesterday in
the Province of Pinar Del Rio. The
conductor of cne of the trains was^
wounded.
Dallas, Nov. 26 ?Three hundred
West Texas raised horses occupying
two special trains of eight cars each
passed through Dallas today over the
Texas and Pacific railway for New
Orleans. They were in ebarge of
Senor Alberta TJtget or Habana for use
in the Spanish cavalry and artillery
service The average price paid for the
horses, which are of the average ranch
raised species, was $40 per head.
Marvelon? Results.
From a letter written by Rev. J. Guadennan
of Dimandale, .Mich., we are permitted to ninke
this extract : ' have no hesitation in recom
mending Dr. King's New Discovery, as the re.
salts were almost marvelous in the case of my
wife. While I was pastor of the Baptist
Church at Rives Junction she was brought
uown with Pneumonia succeeding La Grippe.
Terrible paroxysms of coughing would last
hours with little interruption and it seemed as
if she could not survive them. A friend
recommended Dr. King's New Discovery ; it
was quick in its work and highly satisfactory
in results." Trial bottles free at J- F. W De
Lorme's Drug Store. Regular size 50c. and
$1-00. 1
rer.?Latest U. S. Gov't Report
ELY PURE