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Presidents' Powers. OLNEY'S CLAIMS SAID TO BE WELL FOUNDED Washington, Dec. 20.?There is every reason to believe that Secretary Oloey's declaration that recognition is exclusively ao executive function was cot made until after that cautions and thorough deliberation which character ized his conduct of tbe negotiations with Lord Salisbury over the Venezoe ?an controversy and the other irupor tant official matters which bave called for his decisioos since he entered Preei dentCleveland'e cabioetas attorney gen eral, nearly nearly four years ago. it is well known in the highest official cir cles, especially ia the cabinet, that questions of presidential prerogatives were forced upon him by bis colleagues among tbe executive's advisers at tbe outset of this administration in connec tion with the perplexities that arose in the Hawaiian affair when the executive was placed in direct antagonism with congress. The paramount mission cf Commissioner Blount to Honolulu was understood to have been undertaken with tbe attorney general's full endorse ment and all tbe subsequent acts of tbe administration with regard to tbe mid ocean republic were said to bave bad his approval if indeed they had not been inaugurated at bis suggestion. In his official capacity Mr Gloey vwas most intimately associated with the President io the steps which were taken to suppress the great railway riots by the use of Federal troops and through out his occupancy of the department of justice he was constantly called upon to declare tbe limitations of executive power under tbe Constitution. The sharp demarkation of congres^ siotoal and executive functions with respect to purely international matters was presented to him as the legal ad viser of the President upon the adop tion Of the Hoar Turkish resolutions and at that time it was understood* that such instructions to the President by congress whether in tbe form of concur rent or joint resolutions, did not require compliance Tbe President neither signed nor disapproved tbe resolutions, nor did he transmit them to the Otto man porte. The Cuban resolutions were similar ly ignored, though at tbe time of their adoption it was generally understood that Seoretary Olney had reaohed tbe conclusion that their effect was exclu sively advisory, however mandatory their language might be. This deci sion was due, in part at least, to the dictum that congress could not be ex pected to know as much about the sub ject as the executive, and was th?refore not in a position to judge what ought to be done. The information possessed by the administration was not of tbe nature that could be communicated to congress compatibly with tbe public in terest, and this- recognition of an execu tive prerogative in foreign matters which has always received tbe acqui escence of congress, is considered a fundamental point agaiost congress in tbe controversy that Secretary Oloey's statement of yesterday has provoked. There are some very interesting pre cedents citable in support of Secretary Oloey's contention, their applicability being dependent, however, on the coo 1 stitutional stipulations as to the powers of congress contained in Art. 1, Sec tion 8, and as to the executive author ity in Art. 2, Section 3. It is pointed out by state department officials that ? congress has never been confirmed by tbe supreme court in its assertion of any powers not expressly given to it by the Constatation. Its only interna tional functions relating to tbe present question are to "regulate commerce with foreign nations," "to define aod punish piracy and felonies committed on the high seas and offenses against tbe law of nations," and "to declare war, grant letters of marque and repri sal " The President alone, on the other hand, according to tbe Constitution, is empowered to "receive ambassadors and other public ministers " It is this provision which is held to give him ex clusive jurisdiction in the tecognition of other nations In the event of recognition of either of tbe belligerency or independence of Cuba, the first result would be the ap pearance of an accredited minister or otber emissary of that island. The contention is that, uoder the Consti tution, tbe President is the sole judge as to whether such emissary shall be re ceived. Precisely this emergency has arisen in the past few weeks The Greater Kepublic of Central America has come into existence and its accred ited minister Mr. Rodriguez, haR been in Washington a fortnight. He has not been received by tbe President nor has the American charge d'affaires at Managua, Nicaragua, been authorized to formally recognize the new arrange ment. The President took his own time in recognizing the provisional government of Hawaii aod also the Dole govern- ; ment. Frequently, prompt recognition j of a foreign government has taken place without any thought of the pos sible approval or disapproval of coo gress, notably when President Harrison acted on the practical termination of the Chilean revolution. Tbe same was also the case upon the establishment of the present reoublic of France and the republic of Brazil. Another recent case of the exercise of the President's authority in receiving and dealing with foreign ministers oocurred in the dis missal of Sackville-West, the British minister. While this caused no dis rupiiou Of our relations with England, it is he'd ?bar it showed the President's power, to act altogether without consult iog congress, and it was an instance of an executive action which might have led to war. In this connection it is also pointed out that while congress can alone declare war, it is clearly within tee power of the Presideut by his own action to bring about a war, which if declared by an opponent, would create a condition he would be compelled to meet unti! congress could assemble and act, especially if hostili ties were provoked on our coast. Thurston for Recognition. New York. Dec. 19 ?United States Senator John M. Thurslon of Nebraska, a very intimate friend of j President elect McKinley, has de cided opinions on the subject of the proposed recognition of Cuban inde pendence The Senator said to a re porter to day: "I>have thought for sometime that the condition of things in Cuba could not be allowed to exist indefinitely, and I now think the time has come to take whatever action we properly can to bring the trouble to an end. "I believe the Cubans have de monstrated that they are able to hold out against Spain for any Jength of time, in spite of the extraordinary efforts of the mother country to quell the uprising. "That being the case I believe we are justified in bringing about the in dependence of the Cuban people."" Olney's Opinion of the Resolution. May Eaise Expectations and In flame Passions, But Will Not Change Cleveland's Views. Washington, Dec. 19.?Secretary Olney being asked his opinion as to the nature and effect of the proposed resolution recognizing the independ ence of the republic of Cuba, said to a Southern Associated Press report er : I have no objection to stating my own view of the resolution re specting the independence of the so called republic of Cuba, which is to be laid before the senate on Monday Indeed, as there are likely to be seri ous apprehensions regarding such resolution, both in this country and abroad and as such apprehensions may have injurious results of grave char acter, it is perhaps my duty to point out that tbe resolution, if passed by the senate, can probably be regarded only as an expression of opinion by the eminent gentlemen who vote for it in the senate, and, if passed by the house of representatives, can only be regarded as another expres sion of opinion by the eminent gen tiemen who vote for it in the houee. The power to recognize the so called republic of Cuba as an independent state rests exclusively with the exe cutive. A resolution on the subject by the senate or by the house, by both bodies or by one, whether con current or joint, is inoperative as legislation and is important only as advice of gr?a; weight, voluntarily tendered to the executive regarding the manner in which he shall exer eise his constitutional functions The operation and effect of the pro posed resolution, therefore, even if passed by both houses of congress by a two thirds vote, are perfectly plain. It may raise expectations in some quartets which can never be realized. It may inflame popular passions both in this country and elsewhere, may thus put in peril the lives and property of American citi zens who are resident and traveling abroad and will certainly obstruct and perhaps defeat the best interests of - this government to afford soch citizens due protection But except in these ways and unlesR the advice embodied in the resolution shall lead the executive to revise conclusions already reached and officially de clared, the resolution will be without effect and will leave unaltered the attitude of this government towards the two contending parties in Cuba. Specimen Spanish Outrage. New York, Deo. 19.?Jose Delgoda and Jose M. Delgoda, father and son, American citizens, who are pressing a claim f ir damages against Spain on ac count of the outrages by Spanish troops, left New York for Washington to-day. The younger Delgoda. describ ing the descent upon their plaotarion by tbe Spanish soldiers, said : "The Spaniards destroyed everything we had They devastated our fields, they burn ed our crops, they murdered our ser vants, and that they did not murder us was not berause they did not try. I was shot, along with my servants. We were all taken to the place of execution together. General Melguizo slapped me in tbe face to show his contempt for Americans. As he struck me he said : 'That is what I would do to your con sul general if I had him here.' " San Francisco, Dec 20.?The Pacific Mail steamship China, which shipped for the Orient yesterday, car ried an enormous quantity of cotton for the mills in China and Japan. The steam ship Belgic, the next to sail from here, is also engaged to carry cotton. Form erally all cotton tor the Orient went by way of New Orleans, but when the mills in China and Japan grew and multiplied, the demand became very great. 1 BLO?NT SUSTAINS THE SECRETARY OP STATE Mac?n, Dec. 20 ?Hon James H. Sioout, a representative in congress from Georgia for 20 y oars special com tt?is-i?:ier to Hawaii, in an interview which will appear in the Macon Tele graph in the morning, relativo to the right of congress or the President to recognize a new foreign state, says: S'U is an executive prerogative. There is no doubt about- it. Io fact, this is the firsi time jtbut the excu'ivo authority has been seriously qucstioced. It might be claimed with as much propriety, by the champions of the right of congress to determine this matter, that congress has the right to name the diplomatic representatives of this government, its foreign ministers and consuls, and to exercise the fuoctioo9 of the depart ment of state,. Pr?sident Cievelaod in his message took advanced ground on tbe Cuban question. He was thoroughly conver sant with all the details when he wrote bis message. He ha9 intimated that, it might be necessary for the United States to iotervene, and when that time comes no one can doubt that the President will be equal to the emergency. "A question involving international relations cannot be settled in a body where partisan considerations are the determining influence. In my public experience and as a member of the house committee on foreign affairs. I was taught tbe necessity of keeping questions involving the relations of our government with other nations, outside of partisan clatnorV - ra- ?< ? ?i-n m The difference between printing and publishing was aptly defined by a young lady who said to her lover : "You may print a kiss ou my cheek but you must not publish it." With that he locked the fair form in his arms and went to pre-s. They are Sustained. Supreme Court Affirms Ma gistrates' powers. The question of jurisdiction of Magis trates is settled. The Snpreme Court says they have jurisdiction and the bugaboo raised by Judge Earle's de cision has disappeared. Following is tbe decision of the court filed yesterday : The petitioners in this case having been brought before this court under a writ of habeas corpus heretofore issued for that purpose, and upon the return to said writ it appearing that the prison ers are in the custody of the sheriff of Chester County, under a warrant of commitment issued by a Magistrate for said county, under a charge of assault and battery with intent to kill, and tbe petitioners having moved fora discharge from such arrest upon the ground that the Magistrate issuing the warrant of commitment was without jurisdiction in the premises, the only question pre sented for the consideration of this court is whether tbe said Magistrate had jurisdiction in the premises. After a careful consideration of this question this court has reached tbe con clusion that the Magistrate had full jurisdiction in tbe premises. It is therefore ordered that the motion for the discharge of the petition ers be refused, without prejudices to their right to apply for bail before any officer authorized to hear such applica tions as they may beadv^sed The reason for the conclusion herein above annouoccd will be filed. HENRY McIVER, C. J. December 18. 1896. - Mill ? ?? -?I? Convict in Command. Jefferson City. Dec 20.?Thp source of last night's fire in the Sfate prison has been traced to a gaog of 33 convicts, some om of whom fired a j bundle of refuse under a stairway in the clothing department. This smoul dered until nearly midnight, when it burst into a blaze. The incendiary act was no doubt done in a hope to escape in the excitement Notwithstanding, the great excitement, Warden Pace and the guards at no time lost control of the prisoners. Tbe clothing department is located in cell building No. 1, and while the guards were transferring the convicts from this building into cell buildiog No. 3 two convicts attempted to escape, but both were captured be fore they got away from the building. Great bravery was shown by the con victs who were released from their cells to help extioguish the fire. A con vict from St. Louis, who at one time belonged to the fire department of that city, acted as captain to the State fire department and was practically chief, for he gav<; commands and the other j leaders seeing his ability, gave way to j him. Tito Star Clothing company, which is also situated in Mie same building as the state department, was at one time in great danger of having its entire stock of clothing destroyed. : The goods that were cut Saturday wert; destroyed by fire and the remainder by I stnnke and water. Tbe factory is in such a condition that the company will | not be able to resome work f<?r about ' two weeks. The loes to the State is about $2.000 and to the Star Clothing company about $1,000. Gold ar?d Silvers Papers for sale by H.|G. Os tee & Co. -? - ? . - Celluloid novelties for Christmas gifts for j sale by H. G. Osteen & Co. An Attempted Assassination. Special to The State. Johnston, Dec 21.?On last Satur day evening as Mr. W. M. Hazel, who lives about three miles from Johnston, was on his way home, he pas-ed a negro man on the road, wjio asked him to let him ride as far as he went towards Fruit Hill. Mr. Hazel asked him who he was and the negro replied that he meant no harm, but could not tell him. After some words of this character, Air. Hazel suspected harm was intended and struck his horse and'started off at a fast pace. Almost immediately there was a report of a gun and Mr. Hazel fell in- the buggy and exclaimed: 'Don't shoot any more : you've kill ed me." When he arrived home and a physician sent for, it was found that 13 perforations were in his over coat, ouly one shot taking effect in his body, entering the right s,ide just above the hip and passed straight through his body and lodging under lhe skin. The missile was extracted and found to be a round iron slug, about 1-8 inch thick and 3 4 long. Monday morning a posse passed through Johnston with two negroes, Willis and Albert Hammond, who are strongly suspected, the former as an accomplice ; the latter as the man did the shooting It seems that old man Willis and his son, Albert, traded horses with Mr. Hazel and be came dissatisfied and wanted to trade back, which Mr Hazel refused j to do unless they gave him $5 "to boot." The young negro was much dissatisfied and went eff mumbl'ng. The parties tfeera to think they have conclusive evidence. It is reported that the doctors think Mr. Hazel will get well should in flammation not set in Celluloid Dovelties of all sorts at R. G. Osteen and Co's book store. Well Satisfied fc;?f$ Mr "Xetirly forty years ago, after sonic weeks of .sickness, my hair turned gray. 1 began using Ayer's Iiair Vigor, and was so well satis fied with the results that I have never tried any other kind of dress ing. It requires only an occasional appli cation of AYER'S Hair Vigor to keep my hair of good color, to remove 'dandruff, to heal i tel ling humors, and prevent the hair from falling out. I never hesi tate to recommend Ayer's medicines to my friends."?Mrs. H. M. IIaight, Avoca, Xebr. Prepared by Dr.J. C. Aver & Co., Lowell.?Taas Take Ayer's Sars3?a:;::2 (:? ih: Complexion. TAX RETURNS FOR 1896-97. OFFICE CF COUNTY" AUDITOR SUMTE It COUNTY Sumtsr, S. C, Nov. 27, ?S9?. RETURNS of all Pernioni Property und Poll Taxes will he rei-c-ivei at this c.ffic? from January 1st, 1897, to January 12th. 1S97, and at the following times and piacos: ( Mayesvilie, Tuesday, January 12fh 'Reid'sMill, Wednesday, Jaouarv 13 Mannvillc, Th?rs.lay. January 14ih. Smithville, Friday, January 15th. Mechanicsvilir, Saturday, Jan. 1 ?? h. Kingmanr* Store. Monday, Jan. 18. ReoibeiVs Sforo, Tuesday, Jan. 19. Hagood, Wednesday, January 20:b? Stateburg, Thursday, Jaouarv 21st. Cr * * J Wedgefield, Friday. January 22nd. R I. Manning's. Saturday, Jan 231 J. M. TindaPe, Monday, Jan 25th' Bisi-.npville, Tuef-day and Wednes day, January 26:h and 27th. Magnolia, Thursday, Jaouary 28th. Lynchburg, Friday, Jaouary 29th. Concord, Saturday. Jaouary 30:h. Johnston's Store, Mooday, Feb. 1st Shiiob, Tuesday, February 2od. Aod at. Auditor's office in the City of Sum ter from February 3rd, to Feb ruary 20th inclusive. The law requires that all persons owning property or in anywise having charge ofsuch property, either as Htreut, husband, guardian, trustee, executor, admiuistraior, etc , return the same under oath to the Auditor, who re quests all persons to be prompt in making ihetr ret uras and save 'he CO per cent, peo- ; altv wbic'u will he added to the property j Vrtluation of ai! persons who fa i I to^make re tarns within the lime prescribed by law. Tax ;:i\:-:s return w?fat they o wo on the ! fil^t dat, ol .j ?!: ? \, 15 97. Assessors and taxpayers will f-mer the first | given name of the taxpayer in full, aiso make j a separat?* return for each Township where ihr prop?rt ?* located an.I also in each and every rase (he No of the Schoo! District musi be given. ? Bverv njxle citizen between the a^?- of , twenty-one and six?y \earson the first dai of January 1897, except t hose incapable of | enrriifi}/ * support from being maimed or from her causes, shall 1>h deemed taxable Polls, Hni except Confederate Soldiers 50 j >ears of ace, on Jan. 1st, 1897. All returns must be made on or be'ore the 20th day of next. I cannot take r-turns afie? all returns made after the 20t j;y are subject to a penalty ot ^ ri veut. a. Auditor fl HLCoucty. W7 m \ A 5.00 SEOS FOK $3.00. W It :.5 sty?sfc, ?'?rabie and perfect-fitting? qualit?e; absolate?/ nc-essary make a finished shoe. Ti* cesi of mariul c tv r? g allows a smaller profit to dealer:, than any shoe sole! at $3.00. \ xmm*. U L. Delias $2.50, $4.00 and $5.00 Shoes are the ^jjj?jl \ ;:r^?uc?:Oi.? o? skL'?c? v/orkmen, from the test ; ^ ?,\ (S?^X " :?:?'l^tiu p?ribb te- p-? Lito sho25 scio at t?iece ^^ The ?Ee?ffloat" rr? "Pointed fe ^\:%;g%^ ^fe> ' \ (fc.v.-H 'lnc.is) will be ?jgf V4te ^^my\ ine icaosrs Ihi:- cea--*;, lu? any Vgfe We make also $2.50 and $2 shoes for men and $2.50, q $2.00 and $1.75 for boys. The ftill line for sale by style ceiired may be ined from our agents We use only the 1>est Calf, Russia Calf Ci*21 colors), French Patent Calf, Irene!: Enamel, Vici Kid, etc.. eraded to corre spond \vith prices of the shoes. If dealer cannot supply you, -write W. L. DOUGLAS, Brociton, Mass. Catalogue Fees. J. Ryttenberg & Sons. ine ?mg! G?imo! Gunnino? STRICTLY HIGH GRAD?. The Best is the Cheapest. There is none tetter than the . ?... Finest in Finish* Best ?i. quality of material andi v/ork manship. Style unequaled. Tool Steel Bearings* Seamless Steel Tubing* Perfect in every oetaiL We are "GUNNING" for you. Send for Catalogue. Eioin Sewing Maclilne S Bioucle 60. ELGIN, ILLINOIS. _ STAJSTON HOUSE. D. J. JOKES, Poprietor. Rates ?2.00 Per Day. SPECIAL TEEMS TO FAMILIES. Two Misratss Walk From Centrali Dopet. Chattanooga, Tenn. | Ju.v 'Id. FKOM IE SOUTHERN FRUIT CO, * Charleston, S. C. And get best value for the money. Orders carefully and prompt ly filled. W. . MIX80N, Manager. Sept., 30. -? AN ELEGANT' LINE ?F ?Toilet Soaps? Fine Extracts and everything for a Ladies' Toilet. -Try our 5c. and 10c. Soaps. Fine Cigars ! Favorite Brands ! Ask for Tokios, Humboldts and Exports. None better. f Fresh Drugs Every Week. Pre?criptions Careful!// Com-, pounded Day and Night. ! & DRUGGISTS MONAGHAN BLOCK SUMTER, S. C. Beauty HathJ Charms and all the charn/s which beau ty likes best to (?on are shown in our grand display of fash ionable jewelry mor this season. Jewels like thlese would en hance the charrAs of the most fascinating belli and surely no fair one wouicK despise such brilliant aids tc? ber beauty. Like perenal loveliness, they conquer admiration^L on sight : they score new victo?ries at ev ery inspection. Tiio^aSKTno lotok over our stock do not willingly stop with examina tion. Beauty may now be made ea.ny irresistible by a few judicious purchases from our display of up to date jew elry. L. W. FOLSOM, Jeweler and Optician, S.'Gtf OF THE BIG WATCH. Oct 16. D. M. YOUNG, ATTORNEY AT LAW. Prompt atientioD to all business entrusted fo him. Office on Court House Square, in Blaoding office. TAX NOTICE. TVJOTICE IS HEREBY GIVEN THAT* _|_\ the County Treasurer'? books for the months of Noverar-er and December, 1895, and the fiscal rear 1896 will beopeoforthe collection of said taxes from the 15th day of October, 1896, to the 31st day of December, 1896. inclusive, at h is cfficc in the County The to'&l tax rate is 10 4 5 mills, appor tioned as follows : For .State purposes, 41 mills For ordinary county i?x 3 3-10 mills. For school tax 3 mills. There is also the following additions! special school taxes levind in the school dis tricts named : Swimming Pens District No. 16. 2 mills. Bisbopville " 20, 4 ?? Mayesville ,! " IS. 2 " Suinter :< " 1. 2 '? Mid?'ietor. " " ?, 2 " Mt. Clio " ?, 2 '? Providence " ?, \i " All ma;.- cifzens between the n<:e? of 21 und 60 ve Ts. except those incapable of earn ing support (-r otherwise exempted, are lia ble to a fo?; tH? of one doilar. The Treasurer would respectfully ur?e [vu!,i; ! ?m\ :v.e-.r ina:much hs there is no pos ? ? ;: i * * n? >u> t xtens'on. Those waiting until Ihe K?< will ? ;?.!.!e to serious Gelavano incoveni?-ri?e ?s there is ti?wrtvs a ru?b to ward il'.f. er.d R. L SCARBOROUGH. Treasurer Sumter Countv. ??loncy Lend ON IMPROVED Farming Lands at 7 ? cent, interest per annum Apply to LEE & MOISE, Attorneys. Nov. 11?3m. Sumter, s. c.