Historical Newspapers of South Carolina

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Judge lackey's Claim. He Asks for ?3,500 as His Legal Services in the Cita? del Hatter. Judge Mackey bas preseoted the fol? lowing claim to the Legislature for pay? ment of fees alleged to be due him un? der contract with the State for services rendered in recovering the Citadel Aca? demy buildings from the United States government and prosecuting the ciaim of the State for the rental of the same : To the Honorable the Senate and House of Representatives of the General , Assembly of the State of South Carolina : I : * Your petitioner, a citizen of South ? .Carolina, would respectfully show unto your honorable bodies that on the 18th. Q..'.day of February, 1865 ; the South Carolin? Military Academy building was taken possession of by the military forces of the United States and occu? pied by them thereafter as barracks and for the storage of ordioance stores, {.;'?? ? That the General Assembly, by a pS* concurrent resolution adopted Decem? ber 22d. 1879, empowered the Board of Visitors of the said Academy to re ?/ cover from the United States govern? ment possession of the said building, "with or without rent, and to employ "counsel to prosecute the claim for rent therefor and damages for its injury by fire while in the possession of the gov? ernment of the United States, the ser? vices of such counsel to be paid for out tof any money recovered." That on August 19th, 1880, the said Board entered into a contract with Caleb Bouk?igbt, Esq , wherein it was stipulated that be should "present and urge the ciaim of the Board of Visitors of the said Academy against the United States government for the U6e and occu? pation of the Academy buildings from August, 1865, to the present time, . also for compensation for damages to said buildings by fire during the occu? pation by the United States troops." It was further stipulated in said con? tract that the said Bouknight sboud be paid 33 per cent, of the amount rel covered if less than one hundred thou? sand dollars, provided that he "agrees to pay all expenses incurred in the pre? sentation of these claims " That on the 12th day of November, 1881, the said Caleb Bouknight, with the sanction of the said Board of Visi ' tors, entered into a written agreemeot with your petitioner, in which be re? nounced absolutely ail powers that be held under said contract, and vested the same io your petitioner io the fol? lowing terms : * S "Now, therefore, for and io coGsider Bpf ation of the premises hereinafter re -, rited and for the more speedy prosecu ? tion of the said claim, the said Caleb j Bouknight does hereby make over and assign to the said Thomas J. Mackey all the' rights, powers and interest which be. the said Bouknight. has under the said contract." That the said Board of Visitors ratified the said agreement, thereby making it their own, and vesting in your petitioner the sole authority to represent the State of South Carolina in thc due prosecution tmms^ni- the said claims, in accordance with the terms of the said concurrent resolu? tion. That there was no stipulation in the said contract for the recovery of the . Academy buildings, the Board of Visi? tors then being engaged in an effort to have them restored to the State through our Senators in Congress, who, however, failed to effect their recovery, the government of the United States setting up a title to them as a military work captured while fiyiBg the Confed? erate flag. Tbat unless such assertion of title was successfully contested the State could neither recover rent nor the buildings, and your petitioner was therefore authorized by the said Board of Visitors to make such contest. That your petitioner thereupon filed a demand in the War Department in behalf of the State for the possession of said buildings, and after due con? sideration of your petitioner's argument submitted in support of such demand, the Secretary of War referred the issue to the Bureau of Military Justice and agreed to abide its decision. That your petitioner prosecuted the said claim before such Bureau, and on the 20th day of January, 1882, it ren? dered judgment io favor of tbe State, and the Secretary of War soon there? after issued an order to have the said buildings vacated, that the proper au? thorities of the State might resume possession of the same . That eaid order was executed on the 2d day of February, 1882. and on the same day bis Excellency Governor Johnson Hagood took possession of the said buildings, pursuant to the notifica? tion telegraphed him from Washington by your petitioner. That your petitioner then filled in the War Department the claim of the State for rent, he fixing the rental value of said buildings at $8,000 per annum, and alsD the term to be charged for, neither of which had been stated in the said contract. That your petitioner diligently prose ^^^dthe said claim, and upon the Sec JLWpL^btf War declining to reeder a ?BFecisioo thereon, on the ground that Mle had no authority to do so, appealed to Congress and seoured^tbe passage of a bill in the Senate authorizing and requiring him to decide it. That the House of Repr?sentatifs failed to pass said bill only beoause the^ Military Committee of the House in its report thereon, made February 20tb, 1885, had set forth that the Secretary of War already had the authority to decide such claim, and be was legally bound to adjudicate it. Tbafyour petitooer tbeo renewed his prosecution of the claim in the War De? partment, and it beiog material to as certain what the government had paid for the rent of buildings used as bar? racks after having beeo seized under similar circumstances, your petitioner visited New Orreans and other places and secured such necessary information ; and flied it as additional evidence in support of said claim, j That the delegation io Congress, j apon the directien of the Board of j Visitors, secured the passage of a joint resolution, approved August 14th, 1887' requiriog the Secretary of War to investigate and report upon the said claim, amouoting to $123 599. which being refered by him to the Qaartermas ter General's Department, the State was awarded the sum of $77,250, which sum was duly appropriated by the Act of Congress" of October 19th, 1888, and soon thereafter paid into the State .Treasury That the adjudication of the said claim was based solely upon the case prepared by your petitioner, he beiog tbe only attorney of record io the case under his irrevocable contract with tbe State. That your petitioner never intermitted bis efforts to secure a just settlement of said claim, even retaining eminent counsel, at his owo charge, to press it to a final adjudication in the War De? partment duriog his temporary absence from Washington, and 'urged its pay? ment ia person upon the Secretary of War and Quartermaster General pend? ing the said report in August, 1888. That by Act ^f the General Assem? bly (No. 8) of December 22d, 1888, the sum of ?5.000 was appropriated out of the amount so received *4to be held to meet any claims which may be approved for the expenses of the collec? tion of the same." Tbat on January 21st, 1890. two thousand five hundred dollars (?2,500) were paid to the said Caleb Bouknight ' out of said allotted sum. That your petitioner, for his services rendered in recoveriog the said Military, Academy buildings for the State, val ued under a sworn appraismeut at ?174.523. exclusive of the grounds appurtenant thereto, and for his prose? cution of the said claim for rent, bas been paid notbiog, be having hitherto been prevented by circumstances be? yond his control fror? presenting his claim for compensatiep until now, and being willing to wait, having full faith in the justice of the State. ' That your petitioner is entitled to a just compensation for his services ren-' dered in effecting the recovery pf the South Carolioa Military Academy, whose many graduates added greatly to the glory and prosperity of the State. That uoder the terms of his said contract be would be entitled to claim twenty five thousand dollars ($25,000) for his prosecution of the said claim for rent to a final adjudication, expend ing bis means to that end from time to time for five years. That your petitioner, however, in order to effect a speedy settlement with the State at the present session of the General Assembly, is willing to waive his right to compensation for recoveriog the said Academy buildings, and his rights under bis said contract for prose? cuting the claim for rent, aod to accept the sum of three thousand five hundred dollars (?3,500) as full payment of all demands in the premises. Wherefore your petitioner prays that upon due investigation, and tbe facts being found, as set forth in this peti? tion, your honorable bodies will make the necessary appropriation to pay to your petitioner the said sum of three thousand five hundred dollars (?3,500), which your petitioner's needs, rather than his desire, impel him to claim from the State And your petitioner will ever pray, &c. THOMAS J. MACKEY. He Administered on hi3 Own Estate. Rev. Mark Boyd, of Newberry county, known to everybody as "Un ] ele Mark/7 last year, after he had celebrated his ninety-third birth day. sued out letters of administration and administered upon his own estate be? fore his death, which has not oc? curred, and settled upon all the busi? ness, dividing his property among his heirs, and settling everything by regular process of law just as though he was dead and some one else were doing it. "Uncle Mark" says he started in life with $300 and in set? tling up his estate he reserved the same amount to support him the re? mainder of his life and pa}7 his burial expenses "Uncle Mark,; has few equals in age, religious or business experience. Gen. Alger Accepts. Canton, O , Jan. 29.- This was Major McKinley's birthday and he celebrated it by tendering the port? folio of war to Gen. Russell A. Alger of Michigan, who at once accepted it. Gen. Alger authorized the cor? respondent of the Southern Asso? ciated Press to say that he had ac cepted the portfolio of war. He was asked if all differences between himself and Senator Sherman had been arranged. "Yes/' 6aid he "we ro on good terms and will work to gether in harmony.'' The General Assembly. COLUMBIA, January 28.-Thc House ! j spent two hours today working on j j unfinished business and receiving new ! hill* and committee reports, af<er which j I it went into the election ot a Judge to { succeed Judge Eirle, and then adjourn j ed uutil nest Tuesday at noon. The j election resulted in the choice of Jas C j Kluffb, of Abbeville, as the successor j of Judge Earle Mr. Klugh has the i distinction of having woo his honors in a clean and close raoe. He was presented to the people of the State with a good record, aod what is k:>own of him by his work a& a member of the Constitutional Convention, of his char- ; acter as a gentleman, his ability as a lawyer, and his dealings between his fellow men, commends him to the peo? ple as a worthy successor of Judge Earle Perhaps as gratifying as all else is that he was not elected as a fac? tional Judge, by the votes of any fac? tion, nor was his candidacy upon fae tional party lines in any sense of the j word. About the oolv inroads made on the Calendar were to pass the two bills down under the head of unfinished business. The first of these was Mr Sanders's bill to prevent free labor from being used on the States farms, which was amend? ed so as to curtail the use of convict labor cn farms under leases. Mr. McCullough's bill to require i county officials to keep their offices open j during certain hours passed, after all of the counties that did cot want the measure had been exempted from its provisions. Upon, motion of Mr. Robinson the House adjourned nntil Tuesday at noon. Quite a number of new bills were offered to-day. Perhaps that of most I general interest wa9 the bill of Mr j Childs looking to the conversion of the j dispensary system into one for the sale j of liquor for medicinal, sacramental and scientific purposes He proposes to use the dispensary machinery a9 far as possible, except the constabulary. Mr. Epps presented a bill to regu late the sale of cigarettes and cigarette papers. The bill prohibits placing more than five cigarettes in a package, and imposes a special tax of 25 cents on each package. . Mr. Patton's redistricting bill was reported favorably by the committee Nine members of the committee de? clared themselves in favor of the meas ure at the committee meeting. The other three stated that they wished to be free for the preseot, but did not vote against tbe report. At 12 15 the joint assembly was call?d to order to elect a judge of the Eighth Circuit to succeed Judge Earle The nominees were Solicitors Martin F. Ansel, of Greenville, Hon. J. E Breazeale, of Anderson, and J. C Klugh, nf Abbeville , Mr Klugh was elected on the second ballot, the vote standing, Klugh 79, Ansel 59, Brea? zeale 7. The Senate considered second read? ing bills for an hour and then adjourn? ed until 5 p. m Tuesday. Mr. J. C. Klugh was born in Ab eville. County, and ia 39 years old He was reared on his father's farm, and " attended the schools of the neighborhood. Afterwards he was sent to the Cokesbury Conference School, and thence to Wofford Col? lege, where he graduated in 187.7 Engaging in teaching for several years, he then studied law, spent a year in the University of Virginia, receiving therefrom the degree of bachelor of law He came to the Bar in 1882, and was the same year elected attorney and clerk of the board of county commissioners. To this position he was re elected two years later. In 1885 Governor Thomp? son appointed him Master for Abbe? ville County, and upon the unani? mous recommendation of the Abbe? ville Bar, and has held this office up to the present time. He'was elected a member of the Constitutional Con vention" of 1895-in which he did good' work Mr. Klugh is devoted to the study of his profession, and is especially fond of equity Doctrines and ques tions of constitutional and statutory construction. In addition to his pro? fessional and official duties he has taken an active part in the educa tional and material interests of his community. He is a member of the board of examiners of his county, which position he has held fer nine years, and has been a trusec of the Abbeville Graded School from its foundation. He is also a trustee of the estate of Dr. John de Ia Howe,a chari? table foundation left by its donor, 100 years ago, for the establishment of an agricultural and industrial school for the poor children of Abbe ville County. Among other duties of a busy life Mr. Klugh numbered those of an alderman of the city of Abbeville and a director of the Young Men's Business League of Abbeville, and and in those positions devotpd ener gy and times freely to the upbuilding of the city He bas been for years a director of the National Bank of Abbeville, and is president of the Abbeville Cotton Mill He has also made a success of his farm, to which he gave his personal supervision. Mo is married, and his wife is the daughter of the lion J. E Bradley, of Abbeville County.-News and Courier. Talk of building the Augusta and Chattanooga Railroad bas been revived. What the General Assembly Has Ahead of lt. j Well, with this week expires the chance of members to introduce any | and all kinds of bills into the general 1 assembly After to-morrow no more bills can be introduced int? the sen I ate save through chairman of the ! several committees, and a ter Friday j no more new bills can be introduced i in the house with the same exception i The time has come for the two bodies I to get down to the real work of the I session, and henceforth all will be j pretty smooth sailing, inasmuch as all the elections save those for col lege trustees have been held To morrow, when the house meets, Mr. Rainsford's concurrent resolution fixing the day of final adjournment will be taken up, unless the author proposes to do something else wit!? it. It is a special order for to-mor? row immediately after third reading bills The resolution reads as fol? lows : Be it resolved by the house of rep resentatives, the senate cocurring, that Saturday, the 13th of February, 189T, at ll o'clock a m , be and the same is hereby fixed as the day on which the general assembly shall ad journ sine die. From all that can be heard there ! seems to be no reason why the gen j eral assembly shall not adjourn on j that day The senate has practically i disposed of all seriate bills upon sec? ond reading and has only house mat ters to consider The house has a pretty fall calendar, but it is made up largely of claims and special bills that will require but little debate and a good many of the matters on the calendar carry unfavorable reports, which if custom prevails should end their existence in short order Up to the present time there seems to be only comparatively few general bills on either calendar or in the hands of committees which should cause so much debate that the business of the legislature cannot be completed in 10 days time with night sessions. And night sessions are to begin in the house to morrow, continuing to the end of the session, following work in the forenoon from 10 o'clock to 2 p m The matters most likely to cause debates of some legth are the Patton redistricting bill, which since its in? troduction and the favorable report of the committee, seems to be meeting with more favor than at first ; thc Childs prohibition bill, a lull synopsis of which has been pres3nled in the State ; the question of the appropria tion8 to State educational institu? tions ; the proposed amendments to the present State dispensary law, in tended to make it conform to the de cisi?n of the United States supreme court attd at the same time be effect? ive ; the Kibier labor commissioner bill ; those bills bearing upon the matter of the privilege tax on ferti lizers ; Mr. Rainsford's insurance de? posit bill and several others Up t<> the pr?sent time the general assembly has not done a great deal i The sessions continue to be perfeeily harmonious in every way Senator Earle's unanimous election, for it may be so termed, and the other elections indicated that each member is think? ing for himself. Only a few bills have been finally disposed of Some of them have been killed and the others have been passed to a final reading But none of them which so far ap? pear to be destined to find places on the statute books are of very general importance. A great deai of time has been consumed in the house in discussing special bills of very little concern to the public, affecting only a few citizens in the several counties The principal work of the session is yet to be done So far as the dis? pensary system is concerned, it is safe to say that there is not going to be any radical change to result from this session. Several small bills beating upon the dispensary law have come in up to date. One that is likely to pass is MJ. J. P. Thomas, Jr 's bill to per? mit the sale of native wines in the county dispensaries Another is the bill proposed by Mr. Miller to let each county board purchase its own liquors Then there is the Childs measure. This week the amend? ments that will be proposed by the administration will come in, it is said, in the shape of an amendatory bill. The clauses of the present act bearing upon the interstate com? merce feature and relating to the de? cision of the United States supreme court will be amended in such a man? ner as to avoid further conflict with the United States authorities, and yet at the same lime get around that decision in such a way as not to materially interfere with (he opera? tion of the system Exactly what changes will be proposed remain to be seen Many labor measures have been proposed, the most important one be? ing Mr. Kiber's bill has been un? favorably reported However, Mr. Kibier will no doubt made a big fight for the passage o?' his bill. It is not likely, however, it is generally thought, that any labor legislation will be indulged in by the general assembly in the face of the many petitions which have been presented by the operatives of the various mills in all parts of the State, who seem to be perfectly satisfied with things as they are. Mr. McCullough's building and loan association bill will create some debate. It is one o? the general bills that the two houses will have to con sider before the session has ended, and many are watching with some degree of interest to see what will be done with it -State Feb 1. -- i i tmm - TRIAL OF ROLOFF AND LUIS. Two Cuban Patriots io Court. Judge's Charge. baltimore. Jan. 29.-The Federal grand jury which is to hear the case against the Cuban symparhizer? Geo R il )fT and Dr Lui-?, 'or violating the neutrality act in connection with the shipment of men. arms and ammuni? tion to Cuba by the steamer Woodall, met io the United ^fates court to-day, and after selecring Mr. Aubrey Pearre at foreman, listened to a vigorous charge by Judge Morris. The jadge quoted the statute which is alleged to have bean violated, and added : ''This statute, is intended to ena? ble th^? courts of the United States to punish tho-ie who violate the duty, which the United States, as a sovereign government, owes to other nations to preserve a etriot neutrally and not per? mit hostile military expeditions to be fitted out io its territory to carry on operations against anv nation or sover? eign with which ibo United States are at, peace. This is n duty which the United vStafes exacts from other nations and whioh it is in honor bound diligent? ly to euforee upon its own citizens. Punishment against violators or the neutrality laws which every sentiment of national honor demands shall be fiithfully enforced can only be inflicted through the instrumentality of an in? dictment of a graotjury, so you hav3 a grave and impertinent duty to perform, to which ? invoke an enlightened, im? partial and patriotic diligence." Judge Morris, after calling attention to the President's proclamation of June 21, 1895. which warned all persons of the disturbance io Cuba and demanded strict neutrality of Americans, said: "If you should be satisfied by testimony that a vessel was purchased a: this port and sailed from here, and at some point On ber voyage took on body of men who were uoder military command and intended for hostile operations against the Soanish authorities in Cuba, and that the persons who took part io pro cui io g. fitting out and sending forth the vssel from this port did so with the design and knowledge that she was to be used to transport such a body of men uoder military command, then it should become your sworn duty to fiod a pr?? sentaient and indictment agaiost him " The punishment for a high misde? meanor such as ?3 charged in this case, is provided for io section 5,286 of the revised statutes, and is for a fine not exceeding $3,000 and imprisonment for not more than three years. Uui'ed States District A*rorney Mar bury was engaged in another trial to? day and could not therefore go before the grand jury, but he expects to ?open the case to morrow, when the govern- i ment, witnesses agaiost Geo. Ro?cff aod I Dr. Luis will give testimony. Capt John M. Hudson, of Brook? lyn, who commanded the alleged fili? bustering expedition which sailed from here ou the James Woodall, will be the principal witness for the prosecu? tion. In an interview to-day be told why he turned State's evidence, and outlined the testimony he will give be? fore the grand jury. The captain claims that he was "dumped" by the Cuban junta for whom he risked his life and liberty ; that a number of bis crew made sworn statements of the facts of the expedition, and be has been liable to arrest, and imprisonmeut for violating the . United States neutrality laws, the same as Capt. Wiborg of tbe steamer Horsa, who is now in the peni? tentiary serving a long sentence for an exactly similar offense. Realizing that he could not rely upon the Cuban junta to protect him, he 6ays he determined to protect himself, by turning State's evidence, which he has done Hence his presence here and the case^ agaiost the instigators of the exoeditioo. "Wc shall mak<? some- disclosures at the trial which will surprise the Cuban junta," was C-ipt Hudson's concluding statemen. John Cronin and John Lockoey, two firemen, who were on the Woodall, are are also to -appear before the United States grand jury to-mor? row as witnesses. Aver':? Cherry Pectoral is knewo by its works. The experience of naif a century proves that no other preparation of the kind stops coughing ?tul allays irritation of the throat and bronchial tubes so prompt'y and effectually ?s this. p.E??OUGH IS SAID I mourner... - ^ il a pretty S""a , . in ,., i,.cts-such as ',3 of i?r i""-' lUoors, Sash, Blinds, Ilide LigWs, Transoms, ^Suldings, Stair Work, ^Lumber, Shingles, &c, in :M1r for mailing. ?vorv convenient Wc send it- 1 , -, cr A LUMBER CO.. AUGUSTA L^?GUSTAt GA. Dispensary Report, The Committee Confirms t he Figures of State Board. The joint committee appointed by inc last legislature to make qu*rrpr!y exami? nation of the transactions of the State dispensary have submitted their report to Governor Ellerbe The tabulated statement given is the same as tbat given io the report of the Sfafe board of control and which ha* a?readv been published. Thy com mi tree's letter of transmission tn the governor is as fol? lows : To the Hon. W. H Eilerbe, Gov? ernor of S>>uth Carolina : Sir : We herewith submit our report of the examination of the book-* and financial transactions of the State dis pensary for the quarter endiog Decem? ber 31, 1896. Mr Gards of the legis? lative committee was present with rep? resentatives of the State board of con trol and assisted them i i takieg steck on the 31st of December, lt is from his stock sheet that the item cf stock is made up ; the balance of this report is made up from a careful examination of the books of the dispeos&ry. From a careful process of checking we find thc following statement. : (Here follow the figures published in the report of the State board of con? trol ) We would respectfully call your at? tention *o the fact thar, your committee was invited by Col. Wiiie Jones, chair? man of thc-Sate board of control, to sit with the hoard pending the investiga? tion of the macy charges of wrong-doiog on the part of the institution. This investigation is fully reported by the State board and needs no fur? ther mention from the committee. While it is not the particular province of tbis committee to comment upon the status of the dispensary, we do not think it amiss to say that the dispensary is conducted on safe and sound busi? ness methods, and a cursory review of the figures made will show that the institution is in a highly prosperous condition. In making .uis last report we beg leave to acknowledge our obligations to the various members of the State board of control for their uniform courtesy extended us in the facilitation of our work, and we would also acknowledge our obligation to the chief clerk of the State board and bead bookkeeper or tbe dispensary, Mr S. W. Scruggs, for the many kindnesses shown us during our examinations. With a most com? mendable patience Mr. Sruggs an? swered all our questions satisfactorily, and bis books and vouchers are so sys? tematically kept that we were never kept waitiog for a paper or an item. T S BRICE, FRANCIS H. WESTON, C. W. GARR?S, Legislative Examing Committee. -Pg?- .<>?. -^?T^ Blood is life and upon tbe parity and vitality cf the blood depend? the health cf the whole system. Experience provfs Hood's Sursaparilla to be the best blood purifier. Hood's Pills act easily and promptly on the liver ?nd bowels. Cure sick headache. Wall Satisfied mth ftpte lair Vigor. J "Nearly forty years ago, after some weeks of sickness, my hair turned gray. 1 began using Ayer's Muir Vigor, and was so well satis fed wiih the results that 1 have never tried any other kind of dress /4*?IH?^ *n?* ^ requires only jf^^86&un occasional appli cation of (?M? AVER'S f Hair Vigor to keep v^^? K my hair of good ?s?P^ J^^color' *? remove .SiJ^gjjHB^ dandruff, to heal itching humors, and prevent the hair from falling out. I never hesi? tate to recommend Ayers medicines to my friends."-Mrs. II.M.IIAIGIIT, Avoca, Nebr. rs aar wsgor Prepare! by Dr. J.C. Ayer & Co., Lowell, Sfsss. Take Ayer's Ssrsapcriiia Cc? V:.2 Complexion. HARB Y & CO., WHOLESALE BROKERS, -AND Cotton Storage Warehouse PROPRIETORS. ?P-TOWX [OFFICE: COURT ROUSE SQUARE, 1,000 Tons High Grade Am moniated Fertilizer, 1,000 Tons Acid with Potash 500 Tons Dissolved Bone. 500 Tons German Kainit, 400 Tons C. S. Meal, For Sale. We tue prepared to meet any and all prices-for STAND? ARD GOODS. Get our prices before ?mrchasing. Respectfully, HARBY & co. Dec. 16.