AN UNPLEASANT SUR?
PRISE
The Omnibus Constable In?
junction does not Hold.
Columbia, S C., February 2 -
The State authorities have found on
examination of the decision in the
dispensary case that the omnibus in?
junction against constables does not
hold. This phase of the decision is
brought out in the equity case decid?
ed in the United States Supreme
Court. The decision requires judge
Simonton to modify his decree of in?
jonction to conform to the decision,
making it apply only to the con?
stables named in the original action.
The State, however, does not pro?
pose or intend to antagonize the orin
ciple laid down it is stated.
The anti omnibus injunction prin
ciple is said to be of much import,
and the decision of the United States
Supreme Court says on this point :
"?at while we think that the com
plainant was entitled to an injunction
against these defendants who had
despoiled him of his property, and
who were threatening to continue so
to decree in this case The theory
of the enteren in this case. The
of the decree is that the plain?
tiff is one of a class of persons
whose rights are infringed and threat
ened, and that he so represents sjach
class that he may pray an injunction
on behalf of all persons that constitute !
it. It is, indeed, possible that there |
may be others in like case with the
plaintiff, and that such persons may
be numerous, but such a state of
facts is too conjectural to furnish a
safe basis upon which a Court of
equity ought to grant an injunction.
We prefer to accept in this respect
the view8 expressed by Justice Nel
son, in the case of Cutting V. Gil?
bert, (5 Blatch, 259.) Extracts are
cited irom the decision Similar views
prevailed in the case of Baker vs
City of Portland (5 Sawyer, 566 )
The decree is also objectionable be?
cause it enjoins persons not parties
to the suit. This is not a case where
the defendants named represent those
not named. Nor is there alleged
any conspiracy between the par?
ties defendant and other unknown
parties, t The acts complained of are i
tortuous, and do not grow out of any j
common action or agreement between
constables and sheriffs of the State
of South Carolina We have, i ndeed,
. a right to presume that such officers,
though not named in the suit, will,
w?_j?hen advised that certain provisions
of the Act in question have been
pronounced unconstitutional by the
Court to which the Constitution of j
the United States refers such ques?
tions, voluntarily refrain from enforc?
ing such provisions ; bot we do not
think it comports with well settled
principles of equity procedure to in
dode them in an injonction in a sui:
in which they were not beard or re?
presented, or lo subject them to
?"""^-penalties for contempt in disregard
ing such an injunction (Fellow vs
Fellow, 4 John Chan, 25; citing Ive
8on vs Harris, 1 Vesey, 257.) The
decree of the Court below should
therefore be amended by being re?
stricted to the parties named as plain?
tiffs and def-n dan ts in the bill, and
this is directed to be done, and it is
otherwise affirmed. Mr. Justice
Brewer did not hear the argument,
and took no part in the decision of |
this case The full text of the de
cisi?n was given out to night, but
the extra?t given is the new and
important part not published hereto
fore. The offiicial .dispensary bill
will probably be introduced to-mor
row.
Triangular Fight, in North
Carolina.
SPARTANBURG, Feb. 2.-A horrible
tragedy was enacted io Polk county,
N. C . a few miles above this city, last
night about ll o'clock Will and Joe
Gunnel, two alleged moonshines, were
cut aod shot to death by a man named
Jenkins, while Jenkins lies mortally
wounded. The facts of the killing as
near as could be obtained are as follows:
Will Gunnel and Jenkins became in
volved io a difficulty Saturday night in
which Gunnel was considerably worst
ed Monday night, while Jenkins was
on his way home from his father in
law'? boase be wan met in the middle
of the road by the Guooe! brothers,
Will and Joe, who attacked him with
knives Jenkins made a desperate re
sistaoce, aod drawing his own k'ife
severed Will Gunnel's jagular vein
at tbe first blow. Joe then knocked
him down and sprung upon bim, con?
tinuing cutting and stabbing. Pre?
sently, Jenkins succeeded in pulling
bis pistol and shot his antagonise
through the head, killing him instantly.
Wheo Jenkins oat Will Gunnel be lost
his knife, and bad be beeo unsuccess?
ful in getting the pistol would have
without doubt been murdered then and
thtfre by Joe Gunnel. As it was he
was carved to pieces aod at last ac
counts there was scarcely a shadow of
a chance for his recovery. The sym?
pathy of the entire community goes
out to Jenkins, who acted solely in
self-defense.-The State.
The Six Companies,
Chinese organization, th
most powerful Ch
been wound up.
the groat
ichest and
has
Treaty Signed.
Controversy Between Eng
land and Venezuela Ended.
WASHINGTON, Feb 2.-The Anglo
I Venezuelan arbitration treaty was signed
by Sir. Julian Pauncefote, the British
ambassador and Senor Jose Andrade.
the Venezuelan minister, in the cffice
of Secretary Olney at the state depart?
ment at 4:30 o'clock this afternoon,
signalizing the amicable termination of
a controversy that bas lasted nearly a
century, as well as the resumption of
diplomatic negotiations between two
countries which had been suspended
for 10 years.
The British ambassador, accompa?
nied by Mr. Henry Outram Bax-Iroo
8ides, attache of tbe embassy, reached
the department just before 4 o'clock and
a few moments later the Venezuelan
j minister appeared with Mr. Manuel M.
Ponte, Jr , secretary of the legation,
and Mr. Jas. J. Storrow, the counsel of
Veoezuela before the arbitral tribunal.
Senor Andrade brought with him
a magnificent pen with which the im?
portant document was subsequently
signed. It was sent to bim by his
brother, who, it is.universally conceded,
will be the next president of the Vene
zuleao republic, and to whom it will be
returned as a souvenir. It consisted of
a gold pen fastened io a holder made
from an eagle's quill, bearing midway
from its tip a gold heart thickly encrust?
ed with diamonds.
While the two plenipotentiaries were
formally exchanging their credentials,
the copies of the treaty, which was
printed, were carefully prepared by Mr
Bax-Ironsides and Mr. Cridler, chief
of the diplomatie bureau of the state
department, wbo had made ali the
drafts of the document and printed -the
copies. These were io the English
language, Spanish not being used, al
{ though the tongue of Venezuela, the
only difference being that in the Vene?
zuelan copy that country is meotiooed
always first and the British vice versa.
The Biitieb ambassador signed "Ju?
lian Pauncefote" to both copies ; Senor
Andrade, following, affixed his signa?
ture, and Mr Cridler affixed their re?
spective seals. The formalities haviog
been quickly completed, there was a
general exchange of congratulations
whioh were pressed upon Secretary
Olney with particular cordiaUty, and
before 5 o'clock the negotiators bad re?
turned to their official residences.
Two Judicial Divisions.
Representative McLaurin
Helping Senator Tillman
in bis Pet Scheme.
WASHINGTON, Feb. 2-Representa
tive McLaurio was grao'ed a hearing
to-day before the House judiciary com
mittee in support of Senator Tillman's
bill providing for the estab'ishment. of 1
two judiciary districts in South Caro?
lina. Mr. McLaurio explained to the
committee the weil understood circum?
stances surrounding the question, and
recalled in substance what he said when
this subject was under consideration
io Coneress two years ago He took
occasion to *-ay ?bat he is not antago?
nizing the present marsha] and distriot
attorney now performing the duties 1
of the Elstern and Western districts
He said, he hoped the incumbents
would be allowed to serve out ibeir
terms, as they are are valuable and ef?
ficient officers He contended that th?1!
I bulk of the judicial business of South
Carolina comes from the western part
of the State, arid, therefore, two dis?
tricts should be established.
Some of the members of the com?
mittee, while appreciating the force of
Mr. McLaurin's sentiments and dis?
posed to elect two sets of judiciary offi?
cers, hesitate about creating two dis?
tricts in the S'ate It wa* suggested
that the creation of two districts
would necessitate ao additional United
States Judge and appropriate Court
officials. The latter proposi-ion does
not seem popular with tb?; committee
There is a disposition to create an east?
ern and western "division" in the
State, with two district attorneys and
two marshals to divide the line between
them as provided in the Tillman bill.
The committee adjourned without reach?
ing any conclusion.
Tom Johnston will .not press his
contest against Dr. Stokes io the
present Congress. T. H Moss, of
Orangeburg, attorney for Dr. Stokes,
arrived here to-day and informed bis
client, and also tbe oommittee on elec?
tion, that Johnston has abandoned hin
contest io tbe present Congress, aod
will use the testimony already taken
io bis contest against Dr. Stokes in the
next CoDgresa. It was evident that
the House was not disposed to consider
favorably the case against Dr. Stokes
during the present session, hence Mr
Johnston's abandonment of the case.
News and Corier.
- - ? ? -
President Geo. B Roberts, of the
Pennsylvania Railroad, is dead,
Ninety-seven bales of cotton were
burned on the depot platform at
Winnsboro on Saturday.
It is officially announced that Baron ;
Herschell, formerly lord high chan?
cellor of England, and the Right
Hon. Sir Richard Henn Collins, a
justice of the queen's bench, division
of the high court of justice, have
been chosen as the representatives of
Great Britain on the Venezuela arbi?
tration commission.
State's Conditio?.
Governor Ellerbe Sounds a
Note of Warning.
Below is given the full text of the
first important message of Governor
Ellerbe presen fed to th? general assem?
bly last night. That the message is
one of the utmost importance goes
without saying ; is brings officially to
the attention of the general assembly
a matter which has been presented un
officially heretofore through the
medium of an interview with Comp?
troller Genera! Norton. Here is the
massage :
Gentlemen of the General Assembly:
After thorough investigation I find
that the finances of the State are not
in a very favorable condition, and I
deem it my duty to call your attention
to thc following facts There was in
the
State treasury on Jan. 26, 1837, $413,958.34
Bal. due State on general act, 92,000 00
Insurance liceose fees (es'ted), 10,000 00
Fees Secretary of State's office, 5,009 00
Uncollected taxes (estimated), 8?,000 00
Makio?, $605,938.00
The above includes all tbe revenues
of the Stato available for current ex?
penses for the fiscal year 1897. Esti?
mating the current expenses of the
State gove-oment at $30,000 per
month for ten months, beginning Jan?
uary 1st, 1897, aod ending November
1st, 1897, we have
Current expenses, $300,COO.OO
Legislative expenses (estimated), 45,COO 00
Special appropriation for militia, 10,000.00
Pensions, 100,000.00
Public printing, 20,000 CO
Total, $640.000 CO
Making a deficiency io the general
fund of ?34.401.66 unprovided for. I
have counted the expenses to N vem
lst, because tbe books are not opened
for the collection of taxes until Octo?
ber 15th and the State treasurer will
not receive remittances from the county
treasurers until November 1. We e<ti
mate the expenses at ?30,000 per
month on the basis of last year's appn .
priatioc?. Of course, if any of the
appropriations b- increased or addition?
a! ones are made for special purposes
the deficiency will be increased in pro?
portion.
The trustees of the Winthrop
Normal and Industrial college bave
asked ior an additional appropriation
of $30,000 to build another dormitory.
They now have rcom for 240 students,
whil.- the attendance is 408, 163
having to board in the town It would
be infinitely better for all the student
to board in the college and if we knew
that tbe attendance would remain as
large as it is now, you would take no
risk in making the appropriation
But. as we oap have no guarantee of
tbis after the ephemeral favor
which geneially bubbles up
around a new college subsides, we may
have here, a* we had at Clemson, de
crease in the number of students
When Clemson college was firs.t opeDed
many boys out of curiosity and without
serious purpose, rubbed io and there was
not sufficient room to accommodate
them, bot after running a year or two,
the attendance as might have been ex
pecked dwiodled down to normal oum
hers and the dormitory is large enough
for present uses
Should yon decide to build another dor?
mitory for Winthrop I would respect?
fully suggest, owing to the unfavorable
condition of the State's finances and
the financial c?odi?ion of our people
that you have all * ii e brick necessary
for the construction of the dormitory
m?de by the convicts of the peoiten
tiary. This could be done in the sum?
mer after tbe crops on tho State farm
have been "laid by" and before har?
vesting time begins You could then
at the next session of the general
assembly make a small appropriation to
have the work completed.
The deficiency that I have called
your attention to should be provided
for and the question for you to decide
is whether it should be done by increas
iog the levy or by increasing by some
other means the revenue of ?he State.
This can be done by a graduated in?
come tax and a graduated license tax
Every iegislator should be commended
for bis efforts to give thc people, a low
rate of taxation, but it is unwise and
unbusiness like to levy a tax insuffi?
cient to meet the current expenses of
the government an J thereby incur a
debt I believe in tbe principle of
paying as you go. Io my opinion
there is extravagance in the man
agement of county affairs which should
be thoroughly investigated. The
county government act is objected to
by many on the ground that it is too
cumbersome, and that the work of the
chain gang costs more than it is worth.
1 would recommend tbat you exauioe
these matters thoroughly before making
any radical changes i i the law.
---immmm>-mmmmmm
New Member Chosen.
The State phosphate commission met
yesterday in the office of tbe governor.
Mr Montgomery havi-'y been eleoted
county treasurer of hi. jounty, handed
in his resignation. The board elected
Capt. Frank E. Taylor, a prominent
Charleston businese man, to fill the
vacancy thus occasioned.
At noon to-day tbe commissioners will
meet again for the purpose of electiog
a State phoshate inspector. Jones has
opposition for re-election in the person
of Mr. M. L Donaldson
To-day also the board will hear
Messrs. Smythe and Piockney in
regard to the memorial asking for a re?
duction of tiie royalty to 25 cents a
ton.- Th3 State.
Pennsylvania's Capitol
Burned.
Harrisburg, Pa , Feb. 2 -A fire
which started in the rooms of Lieut.
Gov Lyon some time this morning
swept through the ancient capitol of
Pennsylvania and within an hour and
a half after the breaking out of the
flames the structure was in ruins.
The senate and house were about to
reconvene for their afternoon session j
when the fire burst through the walls
and the law makers were driven for I
their lives to the open air As far j
as known no one was killed, but a i
number of people were in the building !
trying to ssve furniture and other ef- I
feets when the dome fell in. and it is \
possible that some one may be buried
under the ruins. Quite a number of
people were cut and bruised or
smothered by smoke, but no one was
seriously hurt The most valuable
of the State and legislative records
which were in the building were
saved, but the records and statistics
of the department of public instruc?
tion, which included much valuable
information bearing upon the public
schools of the State were destroyed.
The Ships Will Come In.
Admirable Bucee TelTs The Good
News.
The warships are comiog to Charles?
ton, They are coming into the harbor
and, in the words of Admiral Bunce,
.'all on board will be glad to meet the
citizens of Charleston and to afford them
every facility to visit the ships p Sec.
Herbert is coming also, and will be the
honored guest of the Charleston Cham?
ber of Commerce.
Late yesterday afternoon Mayor
Smyth receive the following letter fiouo
Admiral Buuce
FlagsbiD New York, First Rate.
FORTRESS MONROE, VA,
January 29. 1897.
Dear Sir: I forward by name mail
an acknowledgment of the resolutions
of tbe City Council of the City of
Charleston, received at the same time
with your letter of the 27'h inst., and
thank you most beanily for your ex?
pressed intention of entertaining me.
As I have stated in my reply to the
City Council, it is impossible for the
heavier ships of tbe force under my
command to enter the harbor of
Charleston, and 'he flag ship bas the
greatest draft of water of all. wbicb,
combined with other circumstances,
may preclude the possibility of my visit?
ing tbe city.
Oo the conclusion of the exercises at
sea off tbe port of Charleston hucb of
the ships as can eoter the harbor will
do so, and all on board will be very
glad to meet tbe citiseos of Charleston
aud to afford them every facility to visit
the ships.
Very respectfully,
F. M. BUN CK,
Rear Admiral, Commander^in-ohief, ?
U. S. Naval Force on North. Atlantic .
Station.
His Honor, J. Adger Smyth, Mayor ?
af Charleston.-The News and Courier, j
Backlen's Arnica Salve.
'fae Best Salve io che world for Cots, Braises
Sores. Ulcers, Salt Rheas:. Fever Sores, Tetter
."happed -M?; Chilblains, Corns and all
5 n iSrapcions, and positively caras Pilos or
io piy required- Et is guaranteed to give per?
ec? satisfaction, or money refunded. Price
25 :onts per <inx. For <?ale by Dr. J. F. W.De
With Hood's Sarsapa?
rilla, " Sales Talk," and
show that this medi?
cine has enjoyed public, confidence
patronage to a greater extent than accord?
ed any other proprietary medicine. Th:,
is simply because it possesses greate;
merit and produces greater cures tba;
any other. It is not what we say, but
what Hood's Sarsaparilla does, that teils
the story. All advertisements of Hood's
Sarsaparilla, like Hood's Sarsaparilla it?
self, arc honest. We have never deceived
the public, and this with its superlative
medicinal ment, is why the people have
abiding confidence in it, and buy
Sarsaparilla
Almost to the exclusion cf all others. Try it.
Prepared only hy C. I. Hood & Oo., Lowell. Mass.
n>ll are the only pills to take
HOOU S FlilS with Hood's Sarsaparilla.
[THE 3IAH IS ^ fl
IrUE FBONT ROW ?
P? X ia the one who?
I in the business wc?rid w advantages |
I realizes clearly an ?? pur- ?
? do or have done. g
LOES, SASK, J
Hood
Are much in little: always mm^ Baa
ready, efficient sa ti sf ac- It3 Bil &^
tory; prevent a cold or fever. ^? I | I $S
cure all liver ills, sick head- Hi ? I ? $mw
ache, jaundice, constipation, otc. Trice 23 cents.
The only Pills to take with Hood's Sarsaparilla.
.y-' ?- -- vd i. - v: :f ; '
v ss ;- - ss - is? I
.'. ' "-? - '"A-ir ''ili?-v-. :
r . V; . . . .-.;*.: fj ?-;?f - -j r V's. i
.*-->.>.-.*..-';-.... y: ' .'-L-L';?:
; " ...."7^, i.-v>!*-' -^--*U...", ; ; *W
STANTON
ROUSE.
D. J? JONES, Poprieior.
Rates ?2.00 Per Day.
Sr SCI AL TS HHS TO FAMILIES.
Two Minutes "Walk From Central
Depot.
Chattanooga, Tenn.
July 29.
Land Surveying.
H. D. MOISE, will ??7e prompt attention
to calls for surveying and platting land Can j
be found at his office, next door to office of
Lee and Moise, Sumter, S. C.
Nov. 18.
THE BANK OF SUMTER,
SUMTER, S. C.
City and County Depository.
Transacts a general Banking bushes?, also
has
A Savings Bank Department,
Ltepo?its of Si and upward? received In?
terest xllowed at ?he rule of 4 per cen r per
*nnu?. Payable quarterly, on first dava of
January, April, Julv and October.
W F. B HAYNSWORTH,
W F RHAMK, Cashier President.
J*n 13
BEAUTY HATH CHARMS
and all the charms which beau?
ty likes best to don are shown
in our grand display of fash?
ionable jewelry for this season.
Jewels like these would en?
hance the charms of the most
fascinating belle, and surely no
fair one would despise such
!? lliant aids to her beauty.
Like personal loveliness, they
conquer admiration on sight ;
they score new victories at ev?
ery inspection. Those who
look over our stock do not
willingly stop with examina?
tion. Beauty may now be
made ea'.iiy irresistible by a
few judicious purchases from
our display of up to date jew?
elry.
L. W. FOLSOM,
Jeweler and Optician,
SI GIT OF THE Bf G WATCH,
Oct. 16.
Ike-Laust ai Most Complete
EsiaWishment SS?
Geo. S. Hacker & Son,
-MANUFACTURERS OF
DOORS, SASH, BLINDS,
Moulding & Building
Material.
rffice and Warerooms, King, opposite Can- j
non Street,
CHARLESTON, S. C,
^ar~PurcB*?H our make, which we guaranty
superior to any ?old South, and
tliereh; ^rtve money.
Window and Fancy Glass a Specialty ;
Octobel r6-o
THE VALUE of * NAME depends upon
its reputation, ^on by deeiis, not words.
The StiefF Pi*no bas received diplomas and
awards without number. But it stands
to day, as it has done for over hs If a century,
upon rs own merits And, whilst this has
been truv, there has been no prejudice of the
mttkers H??n?ri5t new idea? ct rp?l merit.
The universal verdict by those who are the
rr.??t competent Jcdges is thnt it is impossible
to i.r prove upon the richnrs9 of its tone.
STANDARD ORGANS.
Terms to suit yon. Send for Illustrated
Ca tnlog.
CHARLES M. STIEFF,
Baltimore-9 N. Liberty St.
Washington - 521 Eleventh St. N. W.
Estate of R. Harry Baker, Dec'd.
ALL PERSONS holding claims against
said Estate will present same duly at
trsied, and all persons in any way indebted
io stid Estate will make pavraent without
dela; to MABIE O BAKER,
Qualified Executrix.
Jan. 20-3t. ' .
PATRICK SUBIS
Ir.fortrs hi-? friends and the public that b>
bas operad business in the Tuomfy Block, at
the late stand of Frank O'Donnell, with a
stock of
GENERAL MERCHANDISE,
asd solicits patronage.
Prices as Low as Anywhere.
Dec 23-4t.
FOR SALE.
153 Acres of Land, in Providence Town?
ship, Sumter Countv, neer Catchall, formerly
ow-jed by Tbos. Benenhalv ; subject to a
lease for 3 years.
70 Acres of Land, in Bishopvil'.e Town?
ship, formerly owned by 0. C. Scarborough,
near Lynches River.
63 Acres of Land, in Spring Hill Town?
ship, formerly owned by Mrs. Ada E. Eng?
lish. bei&? Lot No. 2 io plat drawo by C. C.
Baile, D.S.
106 Acres of Land, in Kershaw County, on
Harbard Branch, formerly owned by J. F.
Stoles
Storehouse and Lot in the Town of Bish
opville, formerly owned by R. S. Galloway,
and now occupied by R. E. Carnes.
Apoly to
MIDDLETON & RAVENEL,
Cbarlestoo, S. C.
Dec. 30.
Money to Lend
ON IMPROVED Farming Lands at T^per
cent, intrrest per annum Apply to
LEE & MOISE, Attorneys,
Nov. ?I-3m. Sumter, S. C.
j To Yon
I Who Use
f PENS, INK, ;
I Paper, Blank Books:;
At H. G. OSTEEN & CO'S
You can get everything that you
want at the lowest prices. We are so
situated that we can afford to make
prices closer than any one else.
All Goods are new and of
the best quality. Ko shop- |
worn goods. |
We make a specialty of School
Supplies and also keep a full line of
Stationery, Blanks Books, Etc.
Come and inspect our goods.
ll MU ICO,
LIBERTY STEEET,
SUMTER, S. C.
D. M. YOUNG;
ATTORNEY AT LAW.
Prompt attention to all business entrusted
to him. Office on Court House Square, in
Blanding office.
SUMTER RESTAURANT.
Reduced Prices
Regular Meals g?cts.
Private Dining Room for Ladies.
Dec. 30.
50 YEARS'
EXPERIENCE.
"Kr
lp
Arr
QU . ..
p;?v..:
C'iV?::
* * j i
Y .
?g?P TRADE MARKS,
vsl DESSOUS,
COPYRIGHTS &c.
,?n : r ?ketch an<? d^s? -iprion may
tree, whether MI invention is
'<'.? f,oiunmniesti?rcs :-tri.-tlv
KCrenoy f??rs<-cj:r::i : patents
'.Vc hire a \V.'.?hinir?r.r office.
' : .r...i;;h M;::r.i 0; C.). receive
h"."?et?i t. . ii >T-'.T!\!, Iinrost c;r<".i::-.:ion of
tiny ?, .. * . ;.? ?.?i:rr.:i?.week'y.ternis?S.COayear;
?\.y\>:\ .y...-y..:?. ^pecinwn copies and ii AND
boou. v.. ?'ATI?NTS sent free. Address
MUNN & CO.,
3?il Broadway, Kew York.