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.

3 s?mte?? "Watchman, Established April, ?s o. "Be Just and Fear not?Let all the Ends thou Aims't at, he thy Country's, thy God's and Truth's." the tkse sootk??ON, Ketabiisbed Jaae. 1366 Consolidated Aug. 2,1881 SUMTER, S. O.. WEDNESDAY, DECEMBER 9, 1896. New Series?Yol. XVI. Xo. 19 Published E^ery Wednesday, j>^". Gk Osteenj SUMTER, S. C. TERMS : ?1 50 per aonam?in advaoce. ADVERTISE-MENTI One Square first insertion.$1 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 foras advertisements. Obituaries and tributes of respect will be charged for. Magistrales are 0. K. They Have Jurisdiction Un der the Constitution of 1895. , SO DECIDES JUDGE GARY. Sparenburg, S. C , Dec. 2.?The following is tbe decree of Judge Ernest Gary, handed down this after noon, declaring that magistrates have jurisdiction. Judge Earle, as is known, decided a few days ago that they had no jurisdiction. State of South Carolina, County of Spartanburg?Court of Common Pleas. ? E E. Daney, plaintiff, against Walter L Main, i defend ant. This case comes before me on the return to a rule granted by me direct to W. G. S O'Shields, E*q , a mag istrate, requiring him to show cause 1 why a writ should not issue from this court prohibiiting him from exercis ing jurisdiction to try a case before him, as magistrate, against the re lator. This and sev?ral cases in which similar rules were issued were heard together, as they invohe the same question, tt?e jurisdiction of magis 5i trates uuder the Constitution of 1895 and the laws now in force 9 From a careful consideration of the various provisions of the Constitution and the laws existing at the time of its adoption, I conclude that exactly the same jurisdiction, powers and du ties were conferred upon magistrates by that instrument as were exercised by trial justices under the laws exist ing when the Constitution went into effect. The intention was merely to change the name of the office and of the officer from "trial justice" to "magistrate ". This intention be comes apparent from a consideration of the laws and conditions in force aod existing at the time of the adop tion of the Constitution, and from the various provisions of that instrument itself. Section 20 of Article V says that "each magistrate shall have the power, under such regulations as may now' or hereafter be provided by law, to appoint one or more con stables to execute writs and processes issued by him v The conferring of this power assumes the existence of jurisdiction to try cases ; if not. there is no use of the power conferred. When the Constitution assumes that jurisdiction exists, that is sufficient . to confer the jurisdiction Again : "The present trial justices are de clared magistrates, as herein created, and shall exercise the powers and du ties of said office of magistrate until their successor shall beappoiuted and qualified " This language shows that it- was not intended that there should be any break in the conduct of the business of the office The same office should exist, presided over by the same officer, who was to exercise .the same jurisdiction, pow ers and duties, only under a new came. Any other construction would render meaningless the words "and shall exercise the powers and duties of said office," which contem plate an immediate exercise of said powers and duties. Moreover, if they were not to enter upon the ex ercise of the powers and duties so conferred immediately, it was useless and unnecessary to declare the pr?s eut trial justices to be magistrates. The proviso of Section 23 (Art V) affords a clear intimation that it was intended that magistrates should have the same jurisdiction as trial iusticee We know that under exist ing laws, trial justices had "separate and exclusive territorial jurisdiction" in some counties, while in others * their jurisdiction extended over the whole county. Section 34 (Art. V) provides that "All matters, civil and criminal, now pending within the? jurisdiction of any of the courta of this State shall continue therein until disposed of ac cording to law " The words "shall continue therein until disposed of according to law" seems to contemplate a continuance of the jurisdiction and its exercise. Following upon the foregoing pro visions, Section XI (Art. XVII) pro vides: "That no inconvenience may arise from a change in the Constitution of this State, and in ordtir to carry this Constitution into complete operation, it is hereby d cUred : 'First. That all laws in force in this State at the time of the adoption of this Constitution, not inconsistent herewith and constitutional when en acted, shall remain in full force until altered or repealed by the General Assembly or expire by their own limitation ********* "Second. All writs. actions, causes of action, proceedings, prose cutions and rights of individuals, o? bodies corporate and of the State, when not inconsistent with this Con stitution, shall continue as valid. ' 'Fifth. * * * "And all writs, prosecutions, actions and proceed ings, except as herein otherwise pro vided, sitali continue and remain unaflfected by the adoption of this Constitution "Sixth. All officers. State, excu live, legislative, judical, circuit, dis trict, county, township and munici pal, who may be in office at the adop tiou of this Constitution, * * * shall hold their respective offices until their terms have expired and until their successors are elected or appointed and qualified, as provided iu this Constitution," &c In construing the Constitution, we may consider laws existing at the time of its adoption, conditions then existing, and the inconvience and injury to the public or to the in dividual citizens which would from a particular construction, and the fact that no such inconvience or in jury would result from the opposite construction, and we mav also con sider which construction would best I harmonize the various parts and pro 1 visions of the instrument with each other. It seems to me that the fore going provisions of the Constitution themeelves are. however, enough to show the iutention that there should be an easy gliding from the office of Trial Justice to that of Magistrate, without hitch or frictio.j Section 21 (Art. V) contains the only provision of the Constitution which seems to militate against this construction. That section provides:: "Magistrates shall have jurisdiction in such civil cases as the General Assembly may prescribe " And the proviso to that section limits the jurisdiction which may be conferred upon Magistrates in both civil and criminal cases' It is coutended by the relator that this section contem plates that Magistrates sho'uld have jurisdiction only in such cases as the General Assembly may hereafter prescribe, and that, until the jurisdic tion is so prescribed, they have no jurisdiction in any case. If this be the two constructions of that section, and if the provisions of the laws giv ing Trial Justices jurisdiction which are in force at the adoption of the Constitution should be held to be inconsistent with any provision of the Constitution, it would seem that the provision of such laws would fall within the exception contained in the third sut/division of section 11, article 17, by which they are ex pressly continued in force until such legislation as may be required to en i force that section of the Constitution I is had. But I rather think that the proper construction of the section is that it was intended to give the ! Legislature the right to further re strict the jurisdiction which had al ready been conferred upou Magis trates, if it should be found expedient to do so. For, as the office of Magis traie was created by the Constitution and invested by that instrument with the jurisdiction, powers and duties then exercised by Trial Justices, without the enabling provision of section 21, above quoted, it would have been very doubtful whether the Legislature could have lessened or taken away any of the jurisdiction, powers and duties so conferred. It is therefore ordered and adjudg ed that the rule be, and it is hereby, discharged, with costs (Signed) Ernest Gray, Presiding Judge. December 2,1896. A Deer Hunt. Gov. John Gary Evan* arrived here last Sunday ni^ht to go on a deer hunt with Senator Dennis, Sheriff Morrison and other friends There was nobody at the train to meet him, as a telegram was received here stating that he would come Monday. The Governor was very emphatic in declaring that he hsd sent a telegram that he would come on Sunday. A copy of the message received was shown him,when hot-aid he'd be ? if he sent such a telegram. It seems that the Moncks Corner branch of the gr-at moral institution does not keep a brand of whiskey ?uirrd to the guber natorial palate, and a supply was ship ped; hut for some reason it failed to ar rive. Notwithstanding this we do not believe that the party will do without the cup that cheers, and, also, inebri ates.?Moncks Corner New?. Sewing Machines and Organs cleaned and repaired at the Sumter Music House. Wny Gary is Opposed as Speaker. - South Carolina, it appears, cannot j even get up a lively contest in its Legislative elections In most other States when a United States Senator is to be elected' there is a great deal of interest and speculation, but in South Carolina the result of the com ing election of a United States Sen ator was decided months ago, and the election of Gen. Earle is a mere matter of forji. About the only election in the hands of the General Assembly in which there is anything lik? general interest is that of a Speaker. Ac cording to the unwritten law of such bodies Mr. Frank B. Gary, who served as Speaker during a portion of the last session, would be expected to receive the place. It, however, appears that there will be a lively contest over the position, and there are three or four condidates in the field Prom what can be learned Mr Ga'rris, of Colleton, and Mr. Yeldell. of Edgefield, are the most prominent of the opposition candidates. Whether it is just or not it appears that one of the chief arguments used against Mr. Gary's re election is that in case he is elected Speaker and has the appointment of an investigating committee to inquire into the dis pensary and charges against Govern or Evans he might be influenced in favor of his kinsman. It is not ex actly the proper thing to make such arguments, but as they are being made it dees not appear to be wrong to mention them in order that the situation may be understood. The State board of control and many of the people seem to want a Legislative examination of the dis pensary scandal, and it can do harm, but, o? course, it will cost money The committee that went to Balti more submitted questions, but the dealers did not condescend to give such replies as were wanted They were willing enough to give eulogies of their goods such as were gotten in Cincinnati. In a word, the Balti more dealers snapped their fingers at the committee in a polite way, and intimated that it was entirely their business as to how they manage their business and whether they gave "inducements" or not to secure trade from the South Carolina dispensary. The committee did not get a word of information. As matter of fact, the liquor dealers have had poor en couragement in giving any informa tion. The Live Oak people, who gave the first and only evidence as to offering inducements, lost all of their business with the State, and the sup position-is that it wae because of their admissions *The course of the State boaid was correct enough, but it is not at all encouraging for future confessions. There is no business house that cares to give evidence that it does not do its business in a strictly open and correct way ? Columbia Cor. News and Courier. Demonetization of Gold. The Augusta Chronicle points out the fact that when gold was found in abundance io California and Australia the money power became frightened, ar;d there was some demand for the silver standard. Afterwards, when it was shown that there was no possibility of anything liko a glut of gold, there was a return to the argument in favor ofvj the yellow metai. The Chrocic'e thinks we may even now be on the ver.ee of a "marvelous monetary change," Some very startling infor mation is brought back from South Africa by Dr George F. Becker, of the United. States geological survey. Within 15 miles of Johannesburg, he says, there is an amount of gold practi cally in sis ht , in a range running not over 30 miles, equal to something like $3,500,000,000, or nearly as much as the entire volume of gold coin existing io the world to-day. But this is hard ly a beginoing of the story he told. He brings back the testimony of a reliable American mining engineer in the trane vaal that the gold deposita, instead of extending over only 30 miles, really run over 1,200 miles If 30 miles of d?ports will yield $3,500,000,000, what will 1,200 miles of deposits yield? Dr. Becker estimates that the ?3,500, 000.000 will bo thrown upon the world's gold market within the next 25 vcars, to say nothing of what may corne from the 1,170 more miles of de posits. Marion Star Burned Out. Marion, S C, Dec. 3 ?Last night j at about (J:30 o'clock the priutiug office ? of the Marion Star was consumed by j Gre The press, typo and all the eon- j tents of the building, a small one-story ? structure, were destroyed. The !)?u.= e was situateti on the West side of ti e public square, oext to tbo dwelling of Mr. M Stackbousc, one of the editors. The fire was probably caused by ?io having been left in the fireplace. The losses will be partially covered by in surance. Rumor of an Olney Ulti matum. Gen. Lee's Report Unfavor able to the Spanish Side. Washington, Dec. 2 ?Reports were id quite general circulation here to-day to the effect that Secretary Olney some time in November bad given the Span ish government coarteously but firmly to undersrand that the Cuban rebellion must be crushed within three months or the United States would be compel? ed to intervene to stop hostilities it was said that promioent Republican senators had been informed of the ulti matum. The reports in their general features were similar to rumors preva-. lent about a month ago and were em phatically denied at the time by offi cials of this government and also at Madrid. No confirmation of the latest reports, it is believ?d, were obtained in offioial circles here to-day, and it was deoiad that Spain had been informed of any such ultimatum. Senators who have been active in for eign affairs and have consulted state de partment officials on tbe Cuban situa tion expressed the opinion that the ad ministration bad not made any radical change in its attitude, but a number of them gave it as their personal opinions that congress should adopt vigorous measures to end tbe present state of affairs. It is expected that tbe President will take early occasion to send to congress the report Consul General Lee has sub mitted to the secretary of state on the result, of his observations in Cuba. A prominent member of tho senate com mittee on foreign relations said to day that it would cot be possible for the President to send a ^ro-Spaoish meas ure to congress in view the report which Consul General Lee had made to Secretary Olney. Speaking generally of the views of General Lee, the sena tor said that they were well enough koown to make it clear that his raport would not be favorable to the Spanish contentions. ? It is known that the report which General Lee made presents a very grave, not to say horrifying condition of affairs in Cuba. Ooe of the con ditions he describes is that of the situa tion of the non-combatants, peaceable citizens, who have no interest in the war except to see it ended. These peo ple, whether within the Spanish lines or the Cuban lines, are sufferers If within the Cuban lioes they plant their crops in order to obtain a li vio g, only to have their territory raided and occu pied by the Spanish forces, who imme diately destroy the crops, burn tbe houses and other property of the plant ers, and upon the slightest pretext, it is a,leged, put. the meo to death or im prison them on the grou?d that they had been aiding the rebellion. In fast, it is regarded as aiding tbe Cubans if crops are raiecd which they might ob tain. Non-combaiants within Spanish territory, when occupied by the Cubans, are given like treatment on the ground that thev sympathize with Spain. The report of General Lee, besides showing what difficulties the non-combatants have to contend with in the matter of securing enough food to sustain life, also points out how they are often hur ried to prison and condemned without the trials Americans are accustomed to see given to persons charged with of fjns( s it. is known that General L":e\s re port show3 that cruelty is practised on both sides, butit is stated that more cases have come to his knowlege of of wrongs on the part of the Spanish. A very cocservative member of the senate committee on foreign relations said to-day that the conditions in Cuba were such that intervention by the United States in the cause of hnmanity was demanded, and he had no doubt that congress would early take a stand iu the matter The treasury officials have been ad vised that the suspected filibustering craft, Dauutless. which left Brunswick, Ga , yesterday, had arrived at Jack sonville, Fla. Last Monday the com mander uf the revenue cutter Boutwell, who has been keeping watch on tbe DauntlcFs at Brunswick, obtained per mission to steam down to Jacksonville for stores. Within an hour after the Boutwell's departure the Dauntless got. up steam and without clearance papers started for Jacksonville, but for what purpose is not known The command er of the Bjutweil to-day was instruct ed to keep the Dauutless under strict surveillance. I; is understood that under no circumstances will the Daunt less be permitted, for the present at least, to leave Jackson ville harbor. -.nig^> ^mmm^ A Montgomery, Ala , press dis- ? patch says : Representative Pitts, i one of the foremost lawyers in Hie ! General Assembly, has introduced a j bill which in effect will license a man to kill ilio despoiler of his female rel atives. It is urged that the law ma!: ing such homicide murder is a dead letter on the statute Looks, and that the proposed law would enable the juries of Alabama to cease ignoring the written law in order to meet the ends of justice. A Pian of Universal Bimet-j allism. Nearly four years ago Mr. 11. P. ; Rotbwel! published id the Engineering ! and Mining Journal, of which he is j the editor, some suggestions for a sys- j tem of universal bimetallism under the j control of an international monetary clearing house. The plan suggested by him has, in the interval, formed the subject of several papers read by him before bodies interested io it, and of a number of editorials in the journal con ducted by him, aod the substance of these papers aod editorials bas now been embodied by him in a pamphlet, in which he has included a considera ble amount of statistical information compiled botb by himself aod others. The prominence of the monetary issue in the pending campaign has prompted the publication of the pamphlet, which constitutes an interesting contribution to the literature of the campaign. The author suggests that the silver question be submitted to the arbitra ment of an international monetary clear ing bouse or commission, to be com posed of expert representatives of the Dations, empowered to select a univer sal monetary standard, to adopt meas ures for securing the use of gold aod f silver at suob a flexible ratio as will effect permanent stability in the value of the world's money, and to adopt measures for facilitating international monetary transactioos, and ^or their supervision aod control. Some of the measures which, in the author's opin ion, would best aid in attaining the ob jects of the clearing house are suggest ed by him. These contemplate, in the first place, the ascertaining" the amount J of money?gold, silver and uncovered notes?held by each country, the use of these amounts as the basis for the proportions in which the several nations would joio in the purchase for go'.d of the amount of the silver of the silver basis countries necessary to put each On the bimetallic basis, and also as the basis of the proportions in which the nations would joio in the subsequent purchase of all the gold aod silver offered each year in excess of that spe cifically applied for. The clearing house would, further more, be authorized to iseue for the gold and silver so purchased interna tional certificates redeemable in gold and silver at holder's option, cr, possibly, in gold and silver in specified propor tions; to determine from time to time what change in the value ratio of gold aod silver would be called for by the changed conditions of production ; to clear every national transaction in the purchase, sale and emission of money, and to publish frequently reporte of its transactions Under the plan proposed the clearing house would act through the customary channels?the mints of the several countries?and, while es tablishing standard and regulating the value ratio of gold aod silver, would oot necessarily ioterfere with the coinage of the nations beyood regulat ing the relative values of the metals employed in it. The idea of the au thor is that the cleariog house would, through the means indicated, prevent any sudden fluctuations in the value of the money of the world, while not pre senting a natural and gradual evolu tion towards a single standard for un limited legal-tender money should such become desirable. The statistical aod other information contained in the vol ume are in large part from official sources. ?Bradstreets. Senor Palma Expects Recog nition. New York, Dec. 4.?The Daughters nf Cuba opened a fair at the Tuxedo hail in this city to day to raise money for the relief of wounded and sick Cu ban soldiers. There was a large at tendance with every promise of getting considerable money for the struggling Cubans. The Carlton club of Brooklyn to night entertained T. Estrada Palma, minister plenipotentiary of the Cuban revolutionary government, Benjamin Guerra, treasurer of the junta, and Horatio S. Reubens, its general coun sel. During the evening Senor Palma an nouoced that the representatives of the junta in Washington are hard at work, endeavoring to secure recognition and believe Congress will give it to them. He said also that President Cleveland has his message ready except that part re lating to Cuba. The losses, amounting to ?30,000, sustained by the Germania bank and the National bank of Savannah, Ga., through forged Southwestern railroad stock certificates, said to have been hypothecated by Maj. A. L. Hart ridge, were settled in full yesterday. Highest cf all in Leavening P< Country's Condition. No Business Revivals This Year-Dealers Agree, New York. Dec. 4 ?Bradstrecl's report says : General trade continues io moderate volume, jobbers and whole salers being agreed that there will be no business revival this year. There is some activity in holiday goods. Rains and stormy weather south, and colder severe weather west and northwest bave checked trafilo on interior country roads and otherwise interfered with the dis tribution of merchandise except at some northwestern centr?s, where more seasonable weather has stimulated the demand for heavy textiles, clothing, bats and shoes. Throughout the cen tral Mississippi valley there has been do increase in demand in wholesale lines, and at the south trade is charac terized as dull. Sales of open hearth steel have been made at a parity with grades which have been considered cheaper ; nails bave again reacted on the dissolution of the pool ; tin plates prices have been cut, and Bessemer pig iron has sold down 15 cents a ton. The weakness io hides continues and prices are lower, though thus far with out effect on quotations for leather. Petroleum prices have reacted, and quotations are lower for coffee, lard, cats and corn. No material change is reported in prices for pork, print cloths and lumber, while tho^e for turpentine, tobacco, cotton, sugar, wheat and fiour are all higher. November bank clearings reSect the speculative activity following the elec tion. Compared with the months im mediately preceding the showing is a good one. Only once before in 13 yet?rs has the November total exceeded that for October, and with the excep tion of January, the November total is the heaviest for any month this year. But in spite of this the total November clearings were smaller than a }ear ago, and, with New York excluded, quite a heavy falling off is reported. The total clearings at 66 cities for Novem ber aggregate $4,564,307,804, a de crease for a vear aso of 2 8 per cent. Outside of New York, the total clear ings at all cities fell off nearly 11 per cent, from a year ago. Ooly two large cities in the country show increases? New York, with 3 6 per cent , and Baltimore, with 4.3 par cent. There 359 business failures reported throughout the United States this week, which is an increase of 63 as compared with last week and 44 as compared with the corresponding week one year ago. Our Charming Women. The women of America need to en dorsement but it is pleasing to see that 'John Oliver Kobbes." Mrs. Craige, bas a proper appreciation of the women of this country She says that man is by no means the social necessity in America that he is in England. There, according to this well-informed and ob servant writer, women are fearfully bored when men are not present :o en tertain them. Here women entertain each other and have delightful times all by themselves. A British matron says that the wo men of her country are deScientin con? versational powers. She says : * 'The British matron is so intensely domestic. One gets tired of hearing about maid and children and.house hold affairs, and she can tail: of but little else. Your women in America arc so different. ?n a gathcriv.x of them there is so much that i? bright and pleasant and interesting to be learned." Vast volumes of testimony could be complied to show that the American woman is the most charming creature on earth. Such a thing as dullness cannot exist in her presence whether men are near or not ?AtUota Jour nal. A bill pending in the Alabama senato making it unlawful to make contracts payable in gold was defeat ed by a vote of 9 to 20. Cure For Headache. As Ja rene ?y fcfor all forms of Headache Electric Bitter? has proved to be the very best It effects a penmrncr-t cure an 1 the most dreaded habitua! sick headaches yield to its influence. Wc urge all :-.ro aSieted :?> procure a bottle, and give thij remedy ;v tV.ir trial. cases of habituai constipation Eiectric Bitters cures by giving the needed tone to the bowels, and few cases long resist the ase of this medicine. Try ir once. Fifty cents and une dollar at .J. F. W. L'eL-inr.e's Drutr Store. 2