Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

man m TU SUMTER WATCHMAN, Rstablished April, I860. "Be Just and Fear not-Let all the Ends thou Aims't at, be thy Country's, thy God's and Truth's." THE TRUE SOUTHRON, Established Jane. IS*.6 Consolidated Ang. 2,1881. SUMTER, ?3. C., WEDNESDAY, JANUARY 19,1898. New Series-Toi. XYII. So. 25 \t WM)jm\ at? Sjn?jjrmL Ptib?isisd Svory Wednesday, SUMTER, a a T8RJ?8 : - $1.50 per anoam-in advance. AD7BSTIBSK1ST1 One Square ?rst insertion...........,......$1 00 Brery aabaeqoent insertion-... ~....... 60 -Contracts for three months, or longer wil be made at reduced ratee. AU ccmmnctcatiooa wbich gujbserre private ?oterests will be charged for as qi mtiements. V Obi maries and tributes of respects will be charged for. IrOTernor Ellerbeks Message. Colombia, Jan. H-At noon to? day the two booses of the Genera) Assembly was organized for business and tao Govern or's message was read as follows: To the Gentlemen of the General Assembly 5 In this first annual message I re grettbatl cannot congratnlate you ; aad the people of the state, upon the condition of affairs that faces yon to? day. Bot while we have not had the predicted return of prosperity, we should recall with thankfulness the good health, peace and happiness we have been permitted to enjoy. ; Without farther preliminary I pro ce*<* to discharge one of the most im* portant duties imposed upon the chief : executive by the constitution. A DEFICIT OP $100,000 The finances of the state are in ? very satisfactory condition. During the session of the Genera! Assembly, for 1895, a levy of four and a half mills was laid to meet the carrent expen? ses of the fiscal year, beginning Jan. 1,189?? and ending December 31, 1897. The sum raised by this levy proved insnfficent to meet the expen ? ses? and we have, therefore, a deficit ^ef $100,000 to be provided for. By using every dollar from every availa? ble source and over-drawing in small amounts upon banks in wbich large sums of the state's funds have been deposited we have met promptly all curtent obligations without borrow? ing a dollar The books were open *ed for the collection of taxes, Oct 15, and since . that time we bave used thus collected to pay current This money now being collected, however, belongs legiti? mately to the current appropriations for 1898. By refusing to borrow $100.000, as is often done? though I have not saved the state any great amount in the way ofiuterest charges I bare'refused to sanction what ap pears to me to be a bad policy---the policy of borrowing money at inter? est The levy for state purposes will be . high, bot you must remember that we have a deficit of $100,000, not of your making, to be provided for, and that the state will no tonger receive any revenue, for current expenses,, from the dispensary profits ; for un? der the provisions of the constitution ail profits from the dispensary mast hereafter go to the school fend ' Dur? ing the past year the general fund has been augmented by $92,000 re? ceived from the dispensary; the year previous this augmentation amounted to $100,000. 1 bave endeavored to secure a statement of the finances of the state from the treasorer, bot as his books were not balanced up to the time of completion of my message, I beg to refer you to tue treasurer's report. THE DISPENSARY QUESTION. The most difficult problem that con fronts you is the regulation of the liquor traffic, and it is your duty, as the trusted representatives of the peo pie, to use your best efforts in satis? factorily solving this question. In my inaugural address I asked that no material change be made in the dispensary law until it could be given a fair trial, this it bsd never had. Upon my recommendation the law remained as it was with the ex? ception of a few unimportant amend? ments. On assuming the duties of governor I undertook the enforce ment of the law. endeavoring to do so with as little friction as possible. At first my efforts were encouragingly successful, bat this success was hin? dered by disagreements among the members of the state board of con? trol. The mismanagement in the state dispensary and the bickerings and dissensions in the state board disgusted some of the warmest sup porters of the law and caused a great many to lose faith in the system, but by reorganization of the force this mismanagement was corrected, and the board has since worked in har? mony. Be it said to their credit, the dispensary is now conducted in a more business like way than ever be? fore. Had it not been for the inter? vention of the federal courts I do not hesitate to say that the dispensary would today have little opposi? tion, and would have already proved, both financially and morally, a great success. COURTS CRIPPLE THE LAW. The federal coarte have seriously crippled the law and rendered futile all my efforts for its enforcement by holding in the case of Donald vs Scott that citizens of the state have a right to import whiskey for personal nae. ? great many who were en? gaged in the illicit traffic of whiskey took advantage* of this, decision to im port whiskey for sale ; it thu 8 became very difficult for state constables to tell when it was Imported for personal ase only. The state constables ander my in? structions seized quantities of whis? key where there were suspicious circumstances connected with its importation ; bet apon application to- Judge Simonton nearly all the whiskey seized was released. Beginning with this decision, the state has been involved in continu ous litigation. In the case of Es. Parte Loeb, Judge Simonton held that agents of liquor dealers outside the state might come into the state, take orders for liquors and ship them to citizens of the state. Encouraged by the above decisions the liquor men applied to the United States cir? cuit court for greater privileges and in the. Vandercock decision were granted^ all they desired In this case the same judge held that citi? zens of another state might import, store away, and sell liquors in origi? nal unbroken packages of all sizes not less than half pint. This led to the opening-in the state of hundreds of private liquor houses and flooded the whole of Sooth Carolina, with whiskey. "Blind tigers," furnished by "orig inal package" dealers, began the sale of whiskey in quiet, peaceful communities where liquor had never been sold. In my efforts to enforce the dispensary law as modified by the judge's decisions I met with great difficulties. At one time Judge Simonton seemed to assume the com? bined prerogatives of the chief ex? ecutive and the legislature of South Carolina, and undertook the amend? ment of the dispensary law by in? jonction. The governor, the corsta bles, and ail persons connected with the enforcement of the law were en? joined from interfering in any way with the original package dealers, and a law enacted by the representa? tives of a sovereign state, was practi? cally repealed by a Federal judge. When it was reported to me thai V-arn. Byrd & Co., "original pack? age" deal ere at Bamberg, were sell ing whiskey to drunkards I immedi? ately ordered the constables to seize their liquors and arrest them for maintaining a nuisance Trite was done, bat they applied to Judge Si mont?n to have the ?tock of liquors retained at once, and after that the constables abd all persons acting au? der them, or by virtue of authority from them, be restrained from fur? ther intermeddling with the said property This request was granted, notwithstanding witnesses swore that they had seen the man who bought the liquor at or about the time of the sale, and that be was drank The jndge held that to be guilty of the offence of selling to a drunkard the party selling must either know or mast have substantial reason to be lieve that the party buying was drunk at the time. * * * In the above instances you can see some of the difficulties that have con? fronted me in the enforcement of the dispensary law. "Original package4' dealers have been allowed to sell to drunkards and from wagons on pub? lic highways. Whenever a seizure was made the complainant would has? ten to Judge S inion ton, who seemed at all times ready and willing to lend a helping hand to such applicants. Judge Sioonton's decisions and his unfriendly attitnde towards those who were charged with the enforce? ment of the dispensary law, so com? pletely demoralized the state con? stables that they were of little use and became almost a dead expense to the state The cost of maintainiag the constables was about $4.000 per month. They were afraid to seize liquor for fear the Federal judge would jail them for contempt. When they did make a seizure, it was, with few exceptions, released and the con? stables enjoined. Inasmuch, there? fore, as Judge Si m on ton had prac ti cally paralyzed the constabulary, I dismissed the force leaving the re? sponsibility for the enforcement of the law in the incorporated towns and cities in the hands of the city and town authorities. I retained a few detectives to suppress "blind tigers*' in the country where the peo? ple have little or no protection. The dispensary act makes it the duty of the sta: e board of control to with? hold their share of the profits of the dispensary from any town or city in which ?the authorities do not enforce the law. So far the profits have bs en withheld only from the town of Sum? ter, and I have appointed a constable, to be paid out of the town's share of the profits to see that the law is en? forced there. RIGHTS OF A SOVEREIGN STAE. We have, then, to face the follow? ing condition of affaire : Under the protection of a circnit judge of the United States court, liquor is being sold throughout the state in the coun? try as well as in the municipalities and in definance of the laws of the state. The rights of a soverign state to police and regulate the liquor traffic in its own way is nullified and t rampled under foot The act of congress of July 8, 1890 has been, so far as South Carolina is concerned, repealed and we are told that the enactment of prohibition alone gives a state the right to exclude .'origi? nal p acksge" dealers, unless the profit feature of the dispensary is destroy? ed. The language of Judge Simon ton in the Vandercock cases is as fol llowe :-"If all alcoholic liquors by whomsoever held, are declared con? traband,' they cease to belong to com? merce and are within the jurisdiction of the police power. Bnt so long as their manufacture, purchase or sale or their use a's a be**~ age in any from or by any person x e recognized, they belong to commerce and are without the domain of the police power" The power to license the sale of liquor to the exclusion of these in ter-state commerce dealers in "original pack ages " has been therefore destroyed by this decision, unless it should be reversed by the supreme court. . The attorney general of the stste has ap? pealed but it will not be beard until March t-too late for you to know what the decision will be in time to legislate in accordance therewith. PEOPLE FAVOR DISPENSARY. lt cannot be doubted that a Urge majority of our people favor the dispen? sary law, if it can be * ec tired against the interference of the Federal "courts. Three successive General Assemblies have deolared in favor of the dispensary as the best method of dealing with the liquor question. Our representatives in congress are at work seeking to se? cure additional legislation for the pro? tection of the state against the inter? ference of the United States judiciary. The United States senate has already passed a bill by a unanimous vote giv? ing the complete control of intoxicants to the states, aod it is hoped that the house also will pass it. But we must have immediate relief from the- present intolerable conditions. Free liquor with its accompanying increase of drunkenness and the cons?quent in? crease of crime must at all hazards be got rid of. As I have said a law license will not secure immunity from this evil. Judge Simontoa has destroyed, aloog with the dispensary, the license system when run for profit. FAVORS DISPENSARY WITHOUT PROFIT. What then is left to do ? We must either enact prohibition or continue the dispensary system without the profit feature. Many-a majority I believe do not think prohibition is practicable ; and many have approved the dispensary system because of the profit feature We can certainly get rid of the "orig? inal package" dealers and their demor? alising trafilo by continuing the dispen? sary shorn of all profits and adminis? tered only as a police regulation to con? trol and reduce the liquor evil. The Federal judge will have neither occa? sion nor excuse for his every r eady in? junctions if that system shall be in? augurate, unless he shall again reverse his own previous decision. This, then, appears to me the best and almost tbs only thing left us to do. We might try this polioy for a year, and next winter, after congress shall have acted or failed to aot and after the supreme court, at Washington, shall have de? cided what is to become of the state's power to oentroljiquor under the Wil? son bill of 1890 we shall be in a position to take final aotioo. WHAT THE PREACHERS SAY. It is useless for me to make an ex? tended argument to show that our sys? tem of liquor control is a proper exer? cise of the police power and tbat Judge Simontoc is wrong io bis decision deny? ing this power to the state. But as facts speak louder than words I will give che testimony of ministers of the gospel in the state as to the effect cf the dispensary law on the morals of the people and on the reduction of drunken? ness among them. Out of three hun? dred and sixty-three answers received from the ministers of the state to ques? tions submitted to thom io a circular letter dated October 1st, 1897, three hundred and twenty-four reported a decrease ic drinking of forty-six and one-third per cent and a corresponding decrease io drunkenness since tbe dispensary law went into effeot. Sixty nine reported an increase in drunken? ness of fifty-four and three fourths per oent Yet, io the face of suoh testi? mony as to the good results of the sys tem, Judge Simonton declares it is not a police measure. Where then is the police power ? Here is a definition of the United St8tes supreme court itself : "The police power includes -.11 meas? ures for the protection of life, the health, the property, aod the welfare of the inhabitants, and for the promo? tion of good order and the public morals. It covers the suppression of nuisances, whether iojarioas to pablic health like nnwholesome trades, or to the pabho morals like gambling houses and lottery tickets. The police ex tends to things not only intrinsically dangerous to the public health, such as infected rags or diseased meat, but to things which, when used in a lawful meaner, are subjects of property and of commerce, and yet may be used so as to be injurious or dangerous to the life, the health, or the morals of the people. Gan powder, for instance, is a subject of commerce and of lawful use, yet, because of its explosive and dangerous qualities, all admit that the state may regulate its keeping and sale, and there is no article the right of the state to control or to prohibit the sale or manu? facture of which within its limits is better established chan intoxicating liquors. " There is profit to a state in any form of licenses, yet license bas been held to be a police regulation even when protecting license holders in a mono? poly of sale 'till Judge Simonton *s re? cent decision above quoted allowed liquors in "original packages" to enter a state "so long as their manufacture, purchase or sale, or their use as a bever? age in any from or by any person are recognised." Inter-state commerce bas according to Judge Si mon too, des? troyed the police power unless a state declares the use of liquor as a beverage to be contrary to good morals and against the health of the people. No lioense system does this, we cannot therefore, get protec? tion from "free liquor'* hy such en? actment. We can, however get relief by doing away with the profit feature, aa the following quotatioo from the Vandercook decision shows : "The decision of the Supreme Court pf the United States must control all Circuit Courts. By this decision it is clear that so long as the State herself en? gagea in the business of importing and selling alcoholic liquors for the purpose of profit, so long as she recognizes that the use of alcoholic liquors as a beverage is lawful and can be encourag? ed, so long as she seeks a monopoly in supplying these liquors for that use, and in this way looks to an increase in her revenue, she cannot under her con? stitutional obligations to the other states of this Union, control, hinder aod bur? den commerce in such articles between their citizens and her own." ALL THAT IS LEFT. Here is the law and we must obey it untill Judge Simonton is overruled by the supreme court or by congress. Under a lioense system inasmuoh as the state would receive money, these "ori? ginal packages" would oontinoe to oome in, and Judge Simonton would contin? ue to "enjoin" the state officers from interfering with them. Lot us, there fore, do what is left us and wait for ac tioo at Washington. The money used in conducting the dispensaries and in enforcing the law could not regarded as profit, but as expended as purely and solely formaintaining the moral health of the people. Judge Simonton might deolare this not to be an exercise of the police power, bat we will have to risk it and depend for our security on what he himself has written in various d?cis? ions. * THE STATE'S EDUCATIONAL SYSTEM. The constitutional three mills tax for school purposes yields on the present assessed value of property, something over $000,000. This is a large sum to collect from a tax-burdened people, and this money should be so expended as to secure the best possible results. With this increased expenditure of money on the publio schools the people have the right to expect better results than have heretofore been secured. In the cities and in a majority of the towns the schools are well sustained and meet the demands upon them, but in the country the results are generally very unsatis? factory. With better school houses aod better equipment and better teachers, boys and girls could be propared for college , at the common schools in the country, without needing to take a course in fitting schools, preparatory to entering college. The state educational! system including all schools, high or low, pri? mary, secondary and collegiate, looks to one end and aim; to correct illiteracy; }0 dispel ignorance; to traio intelligent and patria tic citizens, it is sustained by publio appropriations gathered by taxa tioo from every class of citizens lt exists for the benefit of ail the people of the commonwealth and all are inter? ested in its economical and efficient ad? ministration ***** PHOSPHATE INDUSTRY. Only $40,700 25 have been paid during tbe year into the state treasury, from the phosphate mining industry. , This amouot under the law must be voted to a sinking fund for the redemp? tion of the state bonds You may expect a still smaller revenue from this source next year Competition with Algiers 1 and Florida has so reduced the prioe of i phosphate rock, that some of our miners ] have been forced to suspend operations, i Those who are engaged in the business ] are mining at a loss, notwithstanding j the fact that the board of phosphate j commissioners reduced tbe royalty from fifty to twenty-five cents per ton. Tbe royalty now paid tbe state by tbe miners is only 25 oents per too, aod ? believe that rather than make greater oineessions it would be better if mining operations in the state's rights be dis? continued. It seems unwise and un? businesslike on tbe part of the state to sacrifice these valuable deposits, while prices are so low and business is so de? pressed. On account of the great quantity mined the price of rock is now below the cost of production.: The supply of rook is exhaustible, and io a few years tbe demand will probably be greater tbao the supply ; then we may resume mining at a profit both to the miners and to the state. The appropriation of $2,500 for the salary aod expenses of the phosphate inspector is too much to pay, consider? ing the small return to tbe state from bis source. I recommend !)bat the office of phosphate inspeotor bejabolished and that the comptroller general be eharged with the collection of the re? venue from phosphate mining. THE PUBLIC PRINTING. During the year the cfice of public printer haviog been declared vacant, the committee provided for by law, consisting of tbe Governor and the chairman of tho committees on printing of your Honorable Bodies, met and eleoted Mr. Charles B Calvo public printer. This committee thought the state might have been saved several thousand dollars, bad the Act provided for, or permitted, competitive bids. The price to be paid for the work is fixed io the Act and the committee found itself compelled under the pro? visions of the law, to make tbe appoint? ment. I recommend that the act be repeal? ed and that a committee from each of your honorable bodies be selected to let the contract for public printing at com? petent prices. I farther recommend that the act fix the maximum price to be paid for the work so as not to exceed the price oow being paid under the pre? sent law. May Build Shops. Rumor About the Coast Line's Intentions. A rumor was in circulation yes? terday to the effect that the Coast Line intended to build car shops in this city at an early date. It is said that the company has been buying up some lots in the vicinity of the yard of the road, and this bas led te the report that shops would be built. What gives the rumor additional weight is the fact of the purchase recently of the Charleston and Wes? tern Carolina This city would be a central place for such shops and would prove more convenient in every way to the railroad. The Coast Line officials in this city were asked about the report last night but they said that they bad heard nothing of it. As they are connect? ed with the traffic department, it is not likely that they would be inform? ed of the fact if it is true. Several railroad men said they had heard tbe rumor, and it certainly is to be hoped that there is something in it. Such shops would add greatly to toe pros? perity of the city, and no doubt the authorities would give the road all the encouragement possible -Colum? bia Register. Some interesting information is con veyed io a report to the State Depart? ment by the United States Consul at Mainz regarding Germany's navy as an aid to oom meroe. After citing the faot that great pressure bas beco brought to bear on the Reichstag, look? ing to the expenditure of large sums of money for an increase in the naval strength of that nation, tbe consul says that the most important reasons ad? vanced by tbe advocates of a vast in? creased navy are based upon the neces? sity of protecting Germany's foreign commerce and the interests of German merchants and traders eettled in foreign countries. Statistics are given by the consul to show that Germany's com? merce bas greatly increased within the last few years. According to these figures, in 1881 Germany's foreign trade amounted to 6.337,000,000 marks, or $1,508,206.000. In 1895 it amounted to 7,448,000,000 marks, or $1,772,624,000. It may be claimed, says the consul, that this increase is due to tbe general inorease in the world's commerce, but, be says, this doe3 not seem to be tbe case, for in the time from 1881 to 1895, during which Germany's commerce increased about $246,418,000, England's oommeree decreased by about $190,400,000 ; that of France decreased by about $142, 800,000, and that of Russia by about $71,400.000 -Bradstreet. How the development of the steel business is advancing in Alabama is ibown by the faot that a company io Birmingham which began to make steel )nly last July has already declared a 3 per oent. dividend There is a ?reat ature for an industry where such earn ngs are possible. Spartanburg Serene. Precautions Continue But There is Nothing Like Panic. Spartanburg, Jan. 12.-The small? pox condition here is unchanged. The negro Grant from Greenville and Montagne Lowry from Olafiio are in the pest house and are reported as doing well. All others who are thought to have been exposed are kept in a place of detention. Dr. Harry, the colored physician who discovered the first case, is detained at his own house and not allowed to come in contact with any one No new developments are expected in? side a week, when it is thought other cases will develop in the Bomar and Montague families. These will be closely watched and promptly dealt with. The report a day or so ago that a case bad developed at Woodruff proves to be entirely without founda? tion. There is nothing like a panic among oar people and every one is going about his business as usual. Compulsory vaccination has had the desired effect and there are few peo? ple in this city who have not been made immune. The city council has established a public station in charge of a competent physician, where any one can be vaccinated for 10 cents, and those who are unable to pay are treated free. Make it Short. To the members of the general as? sembly, Columbia, the citizens thereof and The Register extend a most ?cor? dial greeting, and it is to be hoped that the session will be pheasant as well ss productive of much good. It is needless to refer to the many important measures that will* come before the legislature for settlement t s the members are all conscientious men who have both intelligence and the good of tho state thoroughly at heart. They will apply themselves to their Uek with great vigor. They have all been here on the same errand before and will not consume time in learning how to proceed. Work can be taken up the first day and continued right on through (o a speedy and successful conclusion. The Register begs leave to call the attention of legislators to only one point concerning their deliberations. Tb'e state bas a large debt and an mnual deficit of $100,000. One of the chief works of this ses? sion will be to devise a way to meet this leficit. It costs the state in round numbers ibout $1.200 every day that the eg isl ature remains io session, and the on ger it remains io session the more Jiflionlt it will be to meet the deficit. Therefore a short session is neces? sary to co-operate with the measure idopted to decrease or obliterate the ?eficit all together. By impressing the oeeessity for a ?hort session we do not mean to in? sinuate in the slightest degree that legislators would willfully waste the ;ime aod money of the state but in the leat of debate they are liable to forget he cold facts in the case and prolong he meeting beyond the aotual time .equired. We also recogcize the fact hat many very important items are o be considered, which cannot be lurried through in a thoughtless man? ier, but having full confidence io the patriotism of the legislators, ?e do not lesitate to offer the suggestion* with the lelief that it will be taken in the spirit t is offered.-Columbia Register. - mt ??-? Ellerbeks opposition to tax exten? sion will oost him many a vote. He rets a large salary and is not pressed br funds like some of the poor tax >ayers who have to pay it.--Columbia Register. BUCKLEN'S ARNICA SALVE. The best Salve in the world for Cati ?ruises, Sores, Ulcers, Salt Rheum, Fever sore, Tetter, Chapped Hands, Chilblain?, Corns nd all Skin Eruptions, and positively care *ilet or no pay required. It is guaranteed to ;ire perfect satisfaction, or money rel anded jriao 25 cents per box. For sale by Dr J. F* V. ]>Lorme. IReal makes the food pare, I wholesome acd delicious. ? POWDER Absolutely Puro WOVAt BAKWQ POWDER CO., NEW YORK.