The watchman and southron. (Sumter, S.C.) 1881-1930, March 20, 1901, Image 7
^The Hay-Pauncefote Treaty
TSE BRITISH ANSWER
HANDEJ TO MR. HAY.
F Declining to Assent to Senate
Amendments.
Washington-, March ll -The long j
expected answ.er frc m the British ;
gOTernment to the state department's j
communication recking the action of
[ th^ senate upon the Hay Pauncefote
F treaty was returned todsy.
Lord Pauncefote came to the state
i department at noon by appointment,
pj^e brought the answer with him,
|Lan<i\ read it to Secretary Hay. It
awas, tn form, an instruction from
?ord Lansdown, the British minister
foreign affaira, to Lord Pauncefote,
anii of thia instruction be left a copy
with Secretary Hay. The secretary
and the ambassador were closeted
for bali an boor At tbe conclusion
cf the conference, it was stated that
the instruction to Lord Pauncefote
waa to notify the government of the
United States that the British gov?
ernment did not see its way clear to
the acceptance of the senate amend
ments. Tbe note concluded with an
expression of regret that such a'
course was forced upon the British
f government There was nothing in
the nature of a counter proposition,
nor was any opening left for farther
action by tue British eovernmeot
It was stated that if there is to be
i a further attempt to amend the Clay
teton Bulwer treaty, so as to authorize
"the United States to construct a
waterway across the i3lhmus. then it
I is for the United States to make the
oVerture ; the British government's
reply drops the matter at this poiot
The impression prevails that there
will be no immediate action looking
soward the negotiation of a treaty.
Fo? the present the text of the
British answer will be withheld from
publication, on this side of the
water, at least, though it is said that
arter the president bus considered
the matter some general statement
may be made as the various points
developed
The British answer is quite
lengthy, as such documents go, and
would make about two newspaper
columns. The tone of the reply is
<Ketinc*ly friendly throughout, par?
ticularly so in the concluding assur
^ ance of good will and a desire to
cooperate in the realisation of this
undertaking
Terms Offered if Boers Sur
T render.
London, March 13-The Daily
News this morning makes tbe follow
? ing important statement : "We under
i stand that the government has modi
iaLfied the unconditional surrender
av policy We believe Lord Kitchener
bas been authorized to offer amnesty
to both the Boers and the Boer lead?
ers except where treachery is clearly
proved. Cape rebels ody are to be
punished by disfranchisement
"Loans aie to be granted to the
Boera for the rebuilding und restock?
ing their farms. The British govern
ment wil! offer to establish some
"- kind of civil government as soon as
all the commandoes have surren
i dered.
'.Its form will probably be that of
a crown COIODV, but with an im
r>ortant concession, which Sir Alfred
kilner advises, namely a council in
eluding Boers of position like Gen.
Botha, Lucos Meyer and Mr Schalk
Burgher "
^United States Behind in Wire
v less Telegraphy.
New York. March 14 -Signor
Marconi, the demonstrator of wire
. lese telegraphy, who arrived here to
[ day, said he expected to remaio in
the United States but a few weeks
^ ''One of the reasons for my visit,"
said be, "is to establish wireless tele
grapby stations along tbe coast so
that vessels arriving and departing
" can communicate with the shore.
Some of the companies are supplied
,with instruments, but are nuable to
use them as there are no'stations.
The North German Line will use the
wireless system of reporting, but I
cannot say what other lines will use
tbe system
V, "lu the British navy wireless tele
grapby is used and at the present
time 40 British warships are fitted
ont with instruments They have
been able to communicate with the
shore and each other, flashing the
message, a distance of 200 miles "
^ "Will passenger vessels be able to
report at that distance out ?"
' Certainly, and they will be abie
to communicate in foggy or bad
weather "
"is the system much used on toe
other side ?"
'.There is not so mush talk in Eng?
land of wireless telegraphy tor the
reason that it has become established
and is now used as one woold use th?.
telephone or the telpgraph. This
country haR been a little backward in
takiDg hold of the matter "
C-?y Switch. Ky. Maren 15 -[o a
?head end collision berwyn freight
trains today on the Illinois Cestrsl
Railway, three meo were instantly
killed and three were fatally iojared.
Savagery in Brooklyn.
A Sixteen-year-old Girl Drug?
ged and Brutally Assaulted
by Three Young Men.
New York, March 12 - Uncon
scions and, the physicians say, dying,
Mary Paige, the pretty sixteen: yesr
old daughter of C H Paige, lies at
ber father's home, Brooklyn, the
victim of assault. Since she was
found yesterday morning, wandering
in the streets, it is said she has been
conscious only a few minutes, when
she managed to gasp ont that she
had been lured to a livery stable by
three young men, forced to drink a
drug and then assaulted by the
three.
The police acted promptly after
the girl's father had reported to them
This afternoon they arrested George
Abbott, Jr , 18 years old, of Brook
lyn. He admitted knowing Mary,
said be had taken ber for a walk Sun
day night and that two other young
men bad joined them, but declared
that be knew nothing of ber having
been drugged and denied that there
had been any assault. He gave the
names of the two other youths and on
Miss Paige's complaint warrants
were sworn out for their arrest
Lat? this afternoon the detectives
took a young man to the Adams
street police coart, where he made a
long affidavit before Magistrate Bren
ner The detectives said the youth
was a most important witness io the
case They would not permit him |
to talk
This evening young Abbott was
taken before Mary Paige, and fnlly
identified by her as the one who had
given her the supposed drugged
liquor and assaulted her The girl's
condition was very much improved
tonight and the attending physician
says there is little p!oobt of her
recovery
POLYGAMIST ESCAPES.
Salt Like, Urah, Maros 12-The
supreme court rendered a decision
today in the ease of John C Geabam,
appellant, formerly postmaster at
Provo, obarged with unlawful cohabita?
tion, refersiog the lower court sod
setting aside the verdict of the jory,
also quashing the information The
defendant was charged with unlawfully
cohabiting with more than one woman
in tbe county of Salt Lake cootinonsly
between the 1st day of January. 1898.
and tho 12th day of May, 1899. The
points of law involved in the appeal
were that the offences were not commit?
ted in this oounty, as one of the defend?
ant's alleged wives lives in Utah Coun?
ty and one here, also that the neighbors
believed as to the defendant's relations
with the alleged plural wife living io
this county was not samoieot upon
which to base a verdict of guilty.
CLOVERPORT KY., BURNT.
Cloverport, Ky , March 14 -In
the biting air of the early morning
hours the citizens of Cloverport look?
ed on, almost powerless to act today,
while fire destroyed $500,000 worth
of property and left 1,000 persons
half the population-homeless Every
business house was burned The
distress of hundreds of women and
children was relieved only when
trains loaded with supplies arrived
from Louisville and Henderson
At noon the fire was still burning
in spots, but the remaining structures
wen* scattered and no further spread
wa? anticipated
By the bursting of a natural gas
pipe in the kitchen of a private house
shortly after midnight the building
was set afire A high wind wss
blowing and the burning embeis
were carried to the immense tobacco
warehouses owned by the American
Tobacco company These buildings
were soon wrapped in flames sod
efforts to save them were abandoned
io order to fight the fires which were
springing up on ail sides The to?
bacco company's plant, consistingjof
two stemmeries and 1,500,000 pounds
of tobacco W88 soon destroyed and
the fire continued to spread Toe
local fire department was totally
inadequate to cope with the fire and
Louisville and Henderson wero asked
to send assistance As Louisville ie
75 miles distant, however, no help
arrived until 4 30 o'clock and by that
time the fire had about exhausted its
material Every business house was
gone, together with ali provisions
and clothing Over half of the reei
deuces, too, had been destroyed and
1.000 people were wandering aim
lessly through the streets, staring at
the ruins.
- IB ????-'?I
Harriisviile, Me, March 17 -Rev
Eujah Kellogg, author aod preacbci,
whose fame rested on bis books for
boys and bis O?tnpOHition "Spartacus to
The Gladiators," wbich nearlv every
school boy bas learned at nome time,
cied at his home today in bis 88'h
year
Paris,March 16 -Io the du^l fought
"o^ay between Count Booi de 0?stelUne
?0>i M de Rodavs.. the la rt r wa?
wounded io the thigh Tbe meering
occurred at 3 o'alooi this afternoon, lo
tbo Paro des Princes, wtnrc many
cyoliog events occurred hs1 mummer.
Tbo Count de Dion directed tbe due!.
McKagen vs Windham.
The Decision of Judge Gage
Reversed,
The following synopsis of the dpci
sion of the Supreme Court in the case
of McKagen vs Windham will be
found of some interest by those who
have followed the case I'D its progress
from the Magistrates court tc the
court cf iaet resort
Henry G McKagen, respondent,
v. E T Windham et al , appellants
-Personal liability of public agents.
This action commenced in a magi's
trate's court is brought to recover of
the defendants $40, one month's
salary as clerk of the dispensary at
Sumter, and $20 additional as
damages for the plaintiff's hariDg
been illegally discharged from such
employment The jury found for tbe
plaintiff $40. On the motion of the
defendants the magistrate set anide
this verdict and ordered a new trial
The plaintiff appealed to the circuit
court. That court (Judge Gage) ren
dered judgment as follows :
"The only issue before the jury
was. as to the length of time the
plaintiff was employed ; it was ad
milted before the magistrate that the
defendants had employed the plaintiff
and the price was not in issue The
defendants made no contention at the
trial before the magistrate that plain
tiff's contract wss with the board of
control and not with them as in
dividuals. The complaint alleged
the contract to be with the defend
ants and defendants admitted it. On
the issue to tbe leBgth cf service,
plaintiff testified one way and Reames
another way, the matter lay betwixt
them The jury found for plaintiff
and I do not thin-k the magistrate
should have set the verdict aside
It is therefore ordered, that bis order
setting aside the verdict be vacated,
and that plaintiff have judgment
against the defendants for $40V
The defendants appealed.
The pleadings, the charge of the
magistrate and bis return all show
that the issue mentioned by the cir?
cuit judge was not the only issue in?
volved
The only admission was that, as
alleged in the complaint, the defend?
ant was employed by the authority of
the Snmter board of control and in
pursuance of a resolution of the
board directing such employment.
It was not necessary for the de
fendants to make the contention st
the trial before the magistrate that
plaintiff*s contract was with the
board of control and not with them
as individuals (unless they bad de?
sired to interpose a demurrer) ai
this fact appeared from the allega
tions of the complaint.
In the absence of evidence of an
unqualified intention of the partied
to bind the officer it is not to be
presumed either that a public sgeni.
intends to biad himself personally or
that a party contracting with bim in
his public character means to rely
upon bis individual responsibility If
the person with whom the contract
was made has equal means of know!
edge as to the officer's authority as
the officer himself, and the officer
acts in good faith he will not be
liable for having exceeded his au
thority ; and where the officer's
authority depends upon a public
statute all who contract with him are
presumed to know the extent and
limitations of his authority. (19
Am & Eng Enc Law, 1st Ed, 4 97
501 )
It is not to be presumed either thal
the public agent means to bind him
self personally or that the party
dealing1 with him means to rely on
his individual responsibility in pref?
erence to that of the public. (Miller
v. Ford, 4 Rieb 376 )
A public agent contracting for the
use of the government ia not person
ally liable even though the contract
be under seal ; and the jntent of the
officer to bind himself personally
must be very apparent indeed to
induce such constrsction of the con
tract (Hodson v. Dexter, 1 Cranch,
364 )
There are no allegations in the
complaint showing that the defend
ants intended to make themselves
personally liable, nor are there any
allegations from which the law would
infer liability
The contract here sued on was
only admitted by the defendants to
have been made in their official
capacity
Judgment of the circuit court re
versed Opinion by Mr Justice Gary.
Filed March 11.
Messrs L D. Jennings, J II Clif?
ton for appellant, Messrs Purdy &
Reynolds for respondent.
Gen Hirri.aoo wi i 1 be buried tomor- j
row (Suuday) at 5 o'clock
T.'"0 propoi?oi rcduotion in outpur of
the Fali River cotton mills will affect
1.500 000 spindles.
It Sar?-d HI? Leg.
P. A. Danforth, <>f" Lnt?range, ila., ?uftered ;
intonsrH f>>r >ix months with a frightful run- j
ninj? S'-re on his leg. hut write? that Buck'.en's i
Arni."-!! Salve wholly '-ure<l it in fen day*. F<>r
Ulcer?, Wound?. Burn?, Boil?. Bain or Pile?
i t'a the he?t .-nive in th? world. Cure guaran?
teed. Only 25c. Sold by J. F. W. DeLorme
Druggist. 8 (
Gay-Sand vs. Macadam.
How Sumter Can Have Hard
Streets at the Minimum
Cost
Mr Editor : Please siliow me to
commend your editorial in the last
issue of the Watchman and Southron
March 6, in regard lo the improve
ment of the streets in Sumter. If
there is a city in the State where
improvements are needed, in that
line, that place is Sumter. Your
froggestions are both wise and prac
tical ss I will endeavor to show. It
is useless to undertake to maca
camize all of the streets with stones
when clay and sand will do as well.
This is no longer an experiment but
bas been proven beyond question.
The clay and sand will not be as last?
ing as stone bot is much cheaper and
will answer every purpose Your
suggestion, that a single street be
taken a.id tried, is a good one,
though, I can't see the need of grad?
ing the streets. They are already
level and will do just as they are
All they need now is a good layer of
clay on the sand and then a light
sprinkling of 6and on that and as soon
as they become packed, the city
would have streets much harder and
better than the pavements are now
I know whereof I speak because I
have had occasion, several times, of
riding over the roads leading into
Columbia where the above plan was
adopted years ago and I will venture j
the assertion that there is not another
county in the State that can boast of
as fine roads and as many miles of
them as Richland can. The most of
your readers wi ii know that Richland
is a sandy county, whose natural
roads were much heavier than those
in Sumter
I had an interview not long ago
with Capt bligh, the pioneer in the
business, and be assured me that the
above plan was not only the cheapest
and best, but the only one where
good roads could be bad in sandy
counties.
1 understand that Darlington conn*
ty has adopted the Richland piau,
and bas already begun to improve its
roads in the same way.
Let the city of Sumter try the
plan on one of its worse streets and
thereby demonstrate the good im?
provement that can be made, and I
wilt venture the prediction that it
will not be many years before ail of
the sand beds leading into Sumter
will be transformed into good roads
It is certainly worthy of a trial I
am not a resident of the city of
Sumter, but as one who always takes
an interest in any step looking to
the improvement of our roads and
streets, I will ask- pardon for thus
publicly endorsing your editorial and
for havitjg thrown out the sugges?
tions I have Respectfully.
A. K Sanders
Hagood, S C , March ll, 1901.
The death rate in Sanriage bas
decreased from 137 per 1,000 to 22
since the introduction of American
sanitary method*
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??a? afCUJ^SfM?nPSrCSES
Pumplaa Seed -
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f&mSeed
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hSdayreat' Flersr. j
A perfect Remedy f or Constipa
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?ac Simile Signature of
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Atb months old
JJ DOSES-33 Cc NTS
EXACT COPY OF WRAP^EB.
For Infants and Children,
The Kind You Have
Always Bough!
For Over
Thirty Years
THE CENTAUR COMPANY. NEW YORK CITY.
Atlantic Cotton Oil Company,
?Sumter, Charleston, Camden, Bennettsville,
S. C., and Gibson, N, C.
Offer for Sale for Cash or^on Approved Security, High Grade
Cotton Seed Meal, Acid Phosphate,
G-erman,Kainit, Nitrate of Soda,
Muriate of Potash,
Cotton Seed Hulls, in bulk, baled or saoked.
Highest Cash Market Price Paid for Cotton
Seed.
Address nearest mill point, or head office, Sumter, S. C.,
PERRY MOSES, Pres.
HORACE HARBY, Vice Pres.
A. C. PHELPS, Sec'ty and Treasurer.
C. C. FISHBURNE, Assistant Secretary and Treasurer.
Nor 21-4m
THE OSBORNE RIVAL DISC
Ha?? Never Been Equalled as a Pulverizer.
I sell these I?arrow? ou so little margin that my greatest comfort is in the
satisfaction they give rather iban the profit 1 make.
My dooss are open to all-My stock is ready for inspection.
C mic sod see me in my new quarters, corner cf Liberty and Harvin Streets
FIRST CLASS LIVERY, FEED AND SALE STABLES.
W. B. BOYLE. Sumter, S. C.
Joly ll
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