The watchman and southron. (Sumter, S.C.) 1881-1930, December 02, 1896, Image 1

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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the jurisdiction of the officers, and that as the old Trial Justice system was constitutional and bad not been repealed, that sys tem was still of force, making an office in existence without any officers to fill them, for there are now do Trial Justices.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