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.

Constables Cannot Carry Weapons Concealed. THE SUPREME COURT SO HOLDS. Eter since the establishment of the Sute liqaor eeuetabulariy it has been the custom of he constables to carry oonoealed weapons coder the belief that the commission gave them the right to do so. The effect of the prac tice baa been seen io a number of bloody affairs occurring here and there boat the State. It is a strange coin dence that the supreme court hands down au opinion in wbioh it is held that snob officers have no right to bear concealed weapons, in a case io which W. R. Crawford, the constable who killed Mrs..Stuart ia this city, is the respondent. The case is entitled, "The City of Laarens, appellant, vs. W. R. Crawford, res poe dont/' and the opinion is written by Associate J as tice Gary. It is interesting to cote also that the opinion leaves no loopholes by which sheriffs or any other officers may bear concealed weapons. The opinion reads aa follows : The record contains the following statement of facts: On July 23, 1898, the defendant, W. R. Crawford, named above, was tried before the mayor of the eily of Laurens, charged with the violation of an ordinance of said city, OD July 23, 1898, by having oonoealed boat his person a pistol. The defendant admitted that he did have a pistol oonoealed about his person ID said city on the 23d day of Juiy, 1898, but contended that he was a State constable and had a right te carry his pistol concealed about bis person. The defendant was a State constable, bot tbe mayor overruled the contention of the defendant, convicted him of the crime charged and sentenced him to pay a fine of 5 or be imprisoned 10 days. The defendant appealed to the coart of general sessions for Laurene county, upon the grounds that he was an officer, * a State canstabie, and had a right to carry his pistol concealed about hie person. The appeal was heard by his honor, Judge Townsend, at the Octo ber, 1898, term of court of general sessions for Laurens county. Hts honor, tHe circuit judge, ordered -.that the appeal b and is sustained, and that the entire proceedings hereto . be and are hereby dismissed, and that the defendant's bond on appeal be discharged and cancelled." The city of Laurens appealed from tbe order opon exceptions raising prac tically the single question of law whether a State constable is exempt from tbe operation of the law forbidding the carrying of a pistol concealed s.bont the persoc. The first act on this subject was passed in 1880 (17 Stat., 447,) the fourth section of which was as follows : .?Nothing herein oontained shall be construed to apply to peaoe officers while in the actual discharge of their duties as such efficers, nor to persons earryiog concealed weapons upon their own premises." IQ 1897 another act was passed (22 Stat., 423), ia which, without referring to previous legislation, the language of the former act was substantially repeat ed with the important exception that part of "he act declaring what persons shall be exempt from its provisions, peace officers, ar , entirely omitted. The language of the last act is as follows : "Notaiog herein contained ebal! be construed to apply to persons carrying oonoealed weapons upon their owo premises The act concludes with the usual repealing clause. Tbe first question, therefore, to be determined is whether the provisioo in the previous law exempting peace efficers while in the actual discbarge of their duties as such from the operation of the sot is repealed by the subsequent m of 1897. This turns cpon the inquiry whether the provisions of the latter act are inconsistent with those of the former act; for, if they are, theo, by the express terms of the las- section of the act of 1897, the previous provisions not reenacted arc repealed. The rule is weil settled tba: when a statute exempts two classes cf persons from the operation thereof, and a sub sequent statute on precisely the same subject exempts only one of the two classes named in the previous statate, tbe provisions of the two statutes are inconsistent with each other and sach inconsistent provisions are repealed by the latter statute. The oircait jadge, therefore, erred io bis conolaeioo of the said statutes. Is is the judgment of the coart that the order of the circuit coart be reveled -Tbe State millions Given Away. It i$ certainly gratifying to the public to know of one concern in tbe land who are not afraid to be generous to the needy and suffer ing. The proprietors of Dr. King's New Dis covery for Consumption, Coughs and Colds, have given away over ten million trial bottles of tb ii? great medicine ; and have the satisfac faction of knowing it bas absolutely cured thousands of hopeless cases. Asthma, Bron chitis* Hoarseness and all diseases of the Throat, Chest and lungs are surely cured by it, Call on J. F. W. Defcorme, Druggist, and gej a trial bottle free. .Regular size 50c and $1. Every bott! 9p*?e*. ft price refunded. 3 Elihu Root Chosen I to Succeed Alger. - Appointment Quickly Fol lows Plait's ViBit to President. _ Washington, July 22 -Elihu Root I of New York has accepted the war j portfolio in President McKinley's ! cabinet. The telegram of accept ! ance was received shortly after noon i today while Secretary Long was with the president. Secretary Alger had ! just left The tender of the war portfolio was made to Mr. Root last night after the conference at the White House As the president will leave for the Adirondacks Wednesday or Thursday of next week it is hardly probable that Mr. Root will come to Washington to confer with him before that time. It is regarded as more likely that Mr. Root will meet the president at Lake Champlain the latter part of the week. The announcement of Mr. Root's appointment was make at the war department. It was stated that Senator Platt came to Washington last evening armed with authority from Mr Root to accept in his name the war portfolio. It is not expected that the acceptance wiil make any change in the plaans of Secretary Alger and he will remain on duty here until the end of the present month, being assisted by Mr. Meikel john, who is expected to reach Wash ington this afternoon. Secretary Alger had conSdently expected the appointment of Mr Root, and was very much pleased at the president's choice This was i evidenced in the following letter j which Secretary Alger addressed yes terday to his successor : Washington, July 21, 10 a m My Dear Mr. Root : All I know is what the newspapers say that you are to succeed me as secretary of war. Should it come to you I most earnestly urge you to make the sacrifice and accept the position. With your great knowledge" cf law and your excellent health, you can serve the conntry in a way given to few men Sincerely yours, R. A Alger. To Hon Eiihu Root, New York. Secretary Alger called at the White House today and for a short time discussed with the president some appointments to commissions in the volunteer army He drove from the White Houae direct to the station, where he met his wife. Together they left for Thorndale, Pa , to spend Sunday with their daughter. Secretary Alger this afternoon addressed the following telegram to Mr Root at Southampton upon hearing of his acceptance cf the war portfolio : "Accept my best congratulations and thanks " Secretary Alger is in receipt of a great macy letters and telegrams from persons in every station in life, all touching upon his retirement from the cabinet. So numerous are they that the secretary finds himself physi cally unable to make proper separate responses and has requested the associated Press to convey an acknowledgment of his deep appre ciation of the sentiments expressed. Eiihu Root was born Feb. 15, 1845, at Cincinton, Oneida county, N Y. He graduated from Hamilton college in the class of 1864 and entered tue New York university law school. He was admitted to the bar in 1867, since which time be has been in the active practice of hie profession in New York. He was United States attorney for the south ern district of New York from March 1883, to July, 1885. He was vice president of the association of the bar of the city of New York for a number of years, vice president of the Grant Monument association, at one time president of the Republican club and is the president of the Union league club He has been a trustee of Hamilton college since 1883 and has served as presi dent of the New England society iu the city of New York. He was one of the most prominent members of the last New York State constitu tional convention, where he served as chairman of the judicia/y commit tee. - i Penitentiary Investigation. The penitentiary investigating commut e is to resume its sessions io Greenville on August let It j wiil be remembered that the com ! mittee decided to hold its next ses sion st Greenville for the accommo dation of Col Neal's witnesses, most of whom reside in the up country counties. The members of the com mittee do not think that the session will continue more than two or three days, and are of the opinion that they have about concluded their work, lt is very doubtful if any further work will be done after the session in Greenville save the preparation of the report to the general assembly - The State. The colonial e ffice announces that the bubonic plague has spread from Hong Kong and Mauritius to Reun ion. There were 36 cases at Mauritius during the week ending July 20, of which 29 resulted fatally. Mob Murder in Georgia. Throe Negroes Lynched, Two of Them Being Scalped Beforehand. Atlanta, Ga , July 23-A special to the Constitution from Bainbridge, Ga, says : A negro captured near Iron City last night was brought to. Saffold and identified as one of the assaulters of Mrs. J E. Ogietree last Thursday night. He was lynched at daylight this morning near Saffold. Two other dead negroes were found alongside the railroad track two miles west of Bainbridge this morning. The names of none of the negroes are known. j It ie believed by some that the two dead negroes found by the railroad track were the men arrested yester day at Troy, Aia , on suspiciou of being implicated in the Ogietree out rage and who were beiag brought to Saffold for identification. TWO MORE WERE SCALPED. Savannah, July 23 -A Special to the Morning News from Bainbridge, Ga , says : Since the dastardly crime commit ted at Saffold in Early county last Thursday night huming parties have been out in search of the guilty negroes One of the negroes appear ed at an old darkey's hut near Brin8on, Ga , and asked to be har bored. The old man went to Brin son and informed cf hie presence A posse returned with him and captured the negro, who gave his name as Louis Sammin The man was taken to Saffold, where he was identified by Mr. and Mrs Ogietree as one of their assailants He said there were eight negroes in his gang and that they came from Augusta. He said two of the gang were not far away One portion of the mob went in pursuit of those two, while the others huog Sammin and riddled his body. The other two were over taken, shot and scalped, a party bringing their scalps to Saffold this evening A hundred determined men ! with blood bounds are after the remaining five of the gang, and, if caught, they will be lynched. The Kentucky Feud Expect ed to Break Out Again. LONDON, KY , July 23.-The grav ity of the situation at Manchester, Ky , and generally throughout Clay Couoty 02onct be overestimated. Many non combatants have left their bornes, abandoning thei: orops and as maoy others as can will leave soon. Even here io London the insecurity is felt to such an extent that some families are leaving. An outbreak ts expected for tomor row, the d*y set for the trial cf Todd Philpot, accused of killing Aaron Morris and others. Both parties are mustering armed forces for marching into Manchester tomorrow morning. The Phi pots bave fifty-two armed horsemen and no one knows how many footmen The Morris and Griffin fac tions also save a large force The Philpots say the latter includes the White Howard faction. On the other band the Morris faction say that the Bakers have made common cause with the Philpots. Bjth sides will march fully armed into Mancbccter arriving at 9 o'clock tomorrow morning to attend the trial. It is stated that Deputy Sheriff Davis Caldwell ef the Wohe Howard faction has openly espoused the cause of the Grifos. It is hard to conceive bow, under these circumstances a conflict can be avoided tomorrow. More Surgeons Needed. Manila, via Hong Kong, July 22. -Chief Surgeon Woodhull considers that the increase in the military force in the Philippine isiands wili necessi tate the employment of 40 additional surgeons. Surgeon Woodhull's recommendation to that effect has been disapproved by Maj Gen. E S. Otis, commanding the united States forces there. There are nearly 3,000 soldiers in hospitals. The official report last week showed 1,800 in hospitals in Manila and there are severa! hundred at San Fernando and other garrisons. There are also 275 sick in quarters in Manila. The regimental Burgeons report that large numbers of soldiers on doty are unfit for service. New Orleans, July 24.-The Pica yune's Tallalulab special says : Senors Cavilii of New Orleans, representing the Italian consul and N. Piazza, of Vicksburg, consular agent of Italy, arrived in Tallulah today and after thoroughly investigating tbe lynching of the five Sicilians here on the night of the20:h, left for Vicksburg, Miss , on the afternoon train They were courteously received aod shown all possible courtesy while in town, and given assistance in making a thorough investigation. They visited Dr. Hodge. and he gave them a full account of the difficulty. They expressed their eio cere regrets and deep sympathy for him Dr Hodge is resting easy and his physician cow thicks he will re cover. - - ? ? - A dtniral Dewey's little bill for him self and crews for the job done in Manila bay and thereabouts, foots up $751,141.89 ASSESSMENTS HAVE AT LASTBEEN FIXED Values of Telephone and Pal ace Car Property. For some weeks the state board of equalization of railroad property charged with assessing for taxation the property in this State of the tele graph, telephone and paiace car com panies, in proportion that the mileage in this State bears to the total mileage of the several companies iu the Uui ted States, under the new act of the legislature, has been hard at work endeavoring to fix fair and just as sessments on the eeveral companies Some time ago the board obtained ! under the act full returns from these companies and proceeded to fix the valuation The figures were not an nounced to the public, however, bot were forwarded to the concerns affected, and each company was invited to attend a final hearing yesterday, presenting any reasons they might have for protests. Prior to the meeting the Western Union Telegraph company had asked for further time for its hearing, and the board decided to meet again next Tuesday to take op and dispose of the two big telegraph c ^pa es. The Western Union has more in volved in the matter than any cf the other concerns, and it is understood that the most vigorous protest will be made. When the Pullman Palace Car company filed its returns it did so under protest, and intimated that it wouid contest the right of the State to tax it in the manner pro vided in the act. Yesterday the only company to appear before the board in regard to the assessments was the Southern Express Several of its prominent officers were on hand and presented the company's case with energy. When the session was over the board an-noenced that the assessment on the Pullman Palace Car company for the State bad been fixed at $83,023 03 ; aud oe the Bell Tele phone company at $25.080. The Southern Express company was assessed on its total property and business in the State at $94,429 09, from which is to bs deducted the vaiue of real estate, horses and wagons, now returned to county auditors, and npon which the com pany pays taxes ia the regular channel. The board bas not yet gotten things into shape to act in the cases of the local telephone companies This will, however, be done very shortly.-The State, Ju^y 22. A Belated Lawyer. In the trial of a case before arbi trators it Media, Pa., last week one of the attorneys interested objected to the use of a typewriter for taking down testimony He based his objec tion both on the ground that it would be safer to have the testimony taken steoographically and then read for correction and on the ground that the rattle of the typewriter disturbed his nerves There was quite a wrangling among the lawyers in the case, but the court decided that the typewriter might proceed. Any other decision would have been ridiculous Experience has demonstrated that reports by type writer are as accurate a3 any others, and the lawyer whose nerves are so delicate as to be agitated by the click of a little machine should adopt an other profession. . The Pennsylvania attorney who objected to the typewriter has mis taken the number of the present cen tury. Mrs. May brick's Case. London, July 25.-In the house of commons today Mr. Michael Davitt, member for South Mayo, asked the government, if in view of the fact that the conduct of iMrs Maybrick in prison had been uniformly good, the home office would not recommend royal clemency in her case Sir Malthey White Ridley, the home secretary, said that he was unable to hold out hope of exceptional treat ment to Mrs. Maybrick The home secretary added that he was not aware of the existence of any eason for royal clemency. Washington, July 24.-The war department has ordered Troops A. C, D, E, P, K, L, and M, 3rd cavalry, to proceed to Seattle, to be embarked for thc Philippine Islands. These troops go from the following posts : Fort Myer, Virginia ; Fort Ethau Allen, Vt; Jefferson Barracks, Mo, and Fort Sheridine, lil, Each of the troops for the Philippines is to be recruited to 120 men by the tranefer of recruits from San Francisco. Mr. Valentine, the president of Wells Fargo Express Comany, is waging an oggressivs fight against imperialism on the Pacific coast. In his last pamplet on the subject he j divides it into four stages : "First, yellow journalism and hysteria ; second, revenge and elemental fero city ; third, militarism and pride and power : fourth, ambition, greed and ignorance." Acts of Peace Conference. Conventions for the Approval of the Several Govern ments. The Hague, July 24 - The fioai act embodying the lesuits of the in ternational peace conference, after enumerating the names and qualifi cations of all the delegates, says : "In a series of meeting in which the above delegates participated, in spired throughout by the desire to realize in the highest possible measure the generous views of its august initiator, the conference has drawn up for the approval of the re spectire governments the series of conventions and declarations ap pended : "Convention for the the pacific settlement of international disputes. "Convention for the adoption of laws against the use of asphyxiating or diIeteriou3 gasee from balloon pro jectiles, and for the prohibition of the use of bullets that easily expand in the human body.'-* The final act contains five expr s eions of opinion as follows : "The conference considers that limitation cf the military charges which at present oppress the world are greatly to be desired for the increase of the material and moral welfare of mankind. ''The conference expressed the opinoo that the question of the rights and duties of neutrals should be inscribed on the programme cf a conference to be held at an early date. "The conference expressed the opinion that questions relative to the type and calibre of of the rifies and naval artillery, as examined by it, should be the subject of study by the different governments with a view to arriving at a uniform solution by a future conference. "The conference expressed the wish that an early convention be called to revise the Geneva conven tion '.The conference has re3elved that questions relating to the inviolability of private property in war on land and the bombardment of towns or villages in naval war be resolved for future conferences.w The convention is signed by ali the plenary delegates The delegates met this afternoon and examined the text of the final act in order to decide how reserva tions are to be made. It is decided that not only the three conventions but the three declarations must be separately signed, the formula accom panying which will be decided upon tomorrow The American delegates met today and asked that the word "duty" in article 21 be fully defined so that the word may in no case imply any obli gation on the part of the United States to interfere in European affairs and vice versa. The discussion among the French delegates who framed the article, and the Americans lasted several hours. Efforts are now being made to find a suitable words to substitute for .''duty" which will meet the wishes of the American delegates without weakening the purport of the article Arrest of Godfrey's Slayer. Kansas City. Mo , Juiy 24 -At Topeka, Kansas, the executive de partment has honored a requisition issued by the governor of South Carolina for Charles Wilson, who is wanted at Charleston for the murder of Theodore ?. Godfrey on Novem t, 1898. Soon after the commission of the crime Wilson came to Kansas. He was located at Garnet a few days ago and was arrested yesterday. He will be taken back at once. ?!? -- ?? ~ ll ll - Japanese-Chinesa Alliance. Shanghai, Juiy 24 -Tho reports regarding a Japanese-Chinese alliance, which have been persistently denied for some time, have now assumed deficite form and are causing rfat excitement ic Russian circles. Capt Charles B Satterlee of the Sixth artillery died at Honolulu last week of congestion of the brain. He was formerly assistant adjutant general of Georgia and reorganized the militia of that State. He married Miss May Capers, a daughter of Bishop Ellison Capers. The Colorado authorities want Gov. Tanner of Illinois for violation of the game law H| shot a deer out of season and ^ft the State before the game warden could arrest him. George Moody, who killed Henry Jones in Darlington country seven years ago, was arrested iast week in Georgetown county where he was living under an aseumed name. The killing was one of the most brutal and cowardly ever committed in this State Gen. Ludlow is seeking to find means to close the many gambling dens in Habana A committee of prominent Cuban iawyers, appointed by him to frame laws on that subject, bas made a report as to the beet methods to be adopted. Dewels Homeward Cruise. The Admiral in Good Health and Spirits and Very Discreet. TRIESTE, Joly 24.-A correspondent of The Associated Press today visited Admiral Dewey on hoard his flagship Olympia and was cordially received, being requested to convey the admiral's thanks to The Associated Press. Ad miral Dewey said that although he had received many invitations from Ameri cans sojourning at Carlsbad, he had never intended going there. "Look at oe," said the admiral, "Do I look like a sick man? Do I look as if I required Carlsbad treat ment ? I am quite healthy, and though I will be sixty two next December, I feel quite young m health and spirits, and from my humor yon will notice that what I tell yon is quite correct. I came to Trieste solely to recruit the health cf my orew, they having passed seventeen months in the tropics without a break. "My reception by the Austrian ofici is was most friendly and accord ing fo tba usual etiquette. Ali reports of the emperors declining me a recep tion are unfounded "I expect to remain in Trieste about a week lodger and bali then proceed probably to Naples. Further details and plans have not been decided upon, but the cruiser will remain during the whoie of August at Mediterranean perts. Thc last port touched in Europe will be Gibraltar where we will only take on coal and stores. We are ex pected in New York by October 1st. "I have accepted invitations to re ceptions by the citizens of New York and Washington aod am already in possession of a photograph cf the sword of honor voted me by the American congress." Admiral Dewey absolutely refused to talk upon political subjects and when asked what he thought regarding Eng land, replied: "I have not thought anything yet." The admiral this afternoon made an other carriage excursion to tbs chateau of Miramar. The war department bas issued an order for the purchase of 3,000 horses for the use of the cavalry to be sent to the Philippines. K d T Dyspepsia Cure. Digests what you eat. It artificially di gests the food air\ aids Nature in strengthening and recon structing the exhausted digestive or gans. It is the latest discovered digest ant and tonic. No other preparation can approach it in efficiency. It in stantly relieves and permanently cures Dyspepsia, Indigestion, Heartburn, Flatulence, Sour Stomach, Nausea, SickKeadache, Gastralgia, Cramps, and all other results of imperfect digestion. \ Prepared by E. C. DeWitt A Co., Cbtcaso Foreale io Sumter by Hugbson-Litron Cc STAMABD BRED STALLION Modoc, Will Stand the Season io Sumter -AT Boyle's Stables, Chestnut Stallion, foaled May 1892!; bred by Maj. Campbell Brown, Ewell Stock Farm. Tennessee. "MODOC," sired by McEweeo, 2.18J ; first dam Lady Radawa ; registered io Vol. 12, American Stud Book. He is one of the Soest bred staliiond in the c ate; bred for size style, beauty and speed, he "13 of kind and gentle disposition. A eure foal getter. THE OLD TBOROUGHBRED 1899 VICTOR for $33 JUST THINK OF IT. Clevelands $35.00 to $75.00 Aod the finest io the world. We fell for cash or on essy payments-either one, and guarautee satisfaction. If you want to be pleased come and look U9 over. We bsve reduced our repair prices to a minimum thereby enabling everybody io keep their wheels in first class repair. Don't let your wheel ruo to pieces but come and see cs, we are prepared to do any kiod of repair work and guarantee satisfaction. Ou: new prices will astonish you and the work will piease you. Yours very truly, JENKINS BROTHERS .The only original Over-all Kids."