The watchman and southron. (Sumter, S.C.) 1881-1930, December 23, 1896, Image 6
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.