Historical Newspapers of South Carolina

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"SOHLET MID SANTIAGO." A Detailed Account of What Pass ed Between the New York and Brooklyn After the Battle. Chicago, Jan. 12.-A book entitled "Schley and Santiago," is in press in this city and will be issued within IO days. The author is George E. Gra? ham, a war correspondent, who had exceptional facilities for gathering material, as he was on board the Brooklyn during the fight with the Spanish fleet and was thus in position to tell the story of Santiago "without fear or favor." The book is said to h?ve the unqual? ified endorsement of Rear Admiral Schley, who read and corrected the proof sheets. "When President Roose? velt was governor of New York, he was present when Mr. Graham gave an account of the battle to state officials and members of the legislature and said : "I am sure you feel as pleased at having listened"to Mr. Graham as I do, for I have listened to the best account I have ever heard or read of naval fighting during this war." This book is the first and only com? plete story of the work of the flying squadron, commanded by Schley. Mr. Graham was assisted by his camera, : which enabled him to add many inter- j esting illustrations, and the account he gives of the movements of the fleet and the battle is evidently sincere. It is free of virulent and personal at? tacks, the aim is to give a truthful statement of every occurrence. In connection with the arrival of the New York, Mr. Graham says : "The commodore reached over to me, took my glasses, and looked searchingly to the east, saying slowly as he did so : 1 There is the Teaxs, and there is the Vixen; but I don't see the New York, ' and then he kept the glasses up, and in an instant he evi? dently- found her for he remarked, 'There she is. I can tell her by her smoke.' This was at 1.45 o'clock and the Colon had gone ashore at 1.51, while Capt. Cook had received the surrender at 1.43. At 2 o'clock as the New York got where we considered her in signal distance, Commodore Schley ordered the signal raised : ' A glorious victory has been achieved; details later. ' This signal report re? placed the one which he had been fly? ing for nearly three quarters of an hour : ' The enemy has surrendered, ' and which the New York had not ans? wered. Vainly the singal officers on the bridge watched the New York for even the courtesy of an answering .pen? nant showing that she understood our signal. None was displayed, and then it apparently dawned upon Commo? dore Schley's mind that Sampson's flag captain on the New York was probably intent upon ignoring him. Picking up the megaphone, Commo? dore Schley did the one tning tb at day for which I have always criticised him-lowered his dignity sufficiently to plead with the commander of the fleet that he might have the surrender of the ship whose escape had been pre? vented by the Brooklyn and the Or? egon, thus making complete the day's "victory. '"I request the honor of the surren -der of the Cristobal Colon? he said in a clear distinct voice, and from the commander-in-cb?ef's flagship came - wafted back the insolent answer from a cable, "What?" "I request the hon? or of the surrender of the Cristobal Colon?" again called the commodore, and this time his voice trembled slightly. We watched the bridge of the New York closely, waited intently for an answer, but none came, and that message, as bad all the others preceding it since the destruction of the Spanish fleet, which had been ad? dressed by Schley to the New York, remained unanswered: "Somebody raised a broom at our mast head on one of the pennant hal? yards and the crew of the Oregon fol? lowed suit and then gave three cheers for Commodore Schley. On the Texas the men all lined up on the forward .deck and at the request of somebody aboard, I presume of Capt. Phililps -himself, gave three cheers for Commo? dore Schley. The little Vixen circled -around three or four times, her crew ' jelling themselves hoarse ' for Schley, and the victory. But from the New York there came never a sound of joy -fniness and nevrer'a cheer". Improving Wireless Telegraphy. New York, Jan. 12.-Signor William Marconi, inventor of the wireless tele? graphy, arrived here today from Canada where he has been the guest of the Dominion government. To-morrow evening he will be the guest of honor at the annual banquet of the American Institute of Electric Engineers. He will sail for Europe on Wednesday. Signor Marconi described his recent experiments in wireless telegraphy be? tween New Foundland and Cornwall, England, and said the test letters were received exactly according to plans and numbers and speed. "As soon as I reach the other side," he said, "I shall start to work to get stations in readiness for the transmission of mes? sages, commercial and otherwise, across the Atlantic. There will be two stations on each side. Those in Europe being located at Cornwall and Belgium. Those on the American side will be Nova Scotia and Cape Cod." At the banquet to-morrow evening Signor Marconi is expected to speak of his recent achievements. Others on { the list of speakers are Lieut. Gen. i Nelson A. Miles, Rear Admiral Brad- j ford and Prof. Pupin of Columbia uni- ! versity. The Golombian Civil War. Colon, Jan. 12, via Galveston, Tex., Jan. 12.-The South American Steam? ship Company has refused to charter its steamer Lantaro to the Colombian government, to be used by the latter as a gunboat, and Gen. Alban, the military commander of this district, has issued a decree appropriating the vessel. He has taken posseisson of it and has deposited a sum of money equal to its value with Senor Ehrman, a banker of Panama. The captain and crew of Lantaro will remain in the services of the Colombian govern? ment. Cannon are now being mounted upon her, and she will probably sail from Panama tomorrow to attack the fleet of the Colombian Liberals. PAN-AMERICAN CONFERENCE. Mexico City, Jan. 12.- The meeting fixed for this morning between the re? presentatives of the American, Mexi? can, Argentine and Peruvian delega? tions to the Pan-American Conference I for the purpose of definitely deciding the arbitration dispute, did not take place, as the American representatives asked for further postponement. In the meantime the Argentines say that if arguments are prolonged beyond a reasonable point they will withdraw. The Chilians, however, have not abat? ed their demand that the compulsory plan shall not be reported in the con? ference. In case the Argentines with? draw in the coming week they claim they can carry five of tho delegations with them. The Chilians, however, say only the Peruvians and the Boli? vians w'ill withdraw with the Argen? tines. The committee on general warfare has adopted the resolutions of Volney Foster, of the United States, and Senor Chavero, of Mexico, looking to the preservation of archaeological monuments in the countries of Amer? ica. The resolution recommends that an international American commis? sion be created, the President of each of the American Republics to name one or more members of the said com? mission, who shall be appointed for five years or more ; that, each govern? ment thus represented shall defray the expenses of its commissioner or commissioners; that the organization of the commission shall take place in the city of Washington, D. C., within two years from this date ; the com missioners to meet a least once in each year afterward. The resolution de? clares it to be the intention of the conference in providing for the crea? tion of this commission to establish at some accessible place an interna? tional American museum, which shall be made the center for works of in? vestigation and interpretation of the materials gathered ; also to preserve the ruins of the principal ancient cities existing within the American republics by establishing in each re? public a museum of objects collected in such cities and, so far as practica? ble, to provide conveniences for the visiting public. The Manchester Cloth Market. Manchester, Jan. 12.-The cloth market during.the pr^st week was gen? erally firm. There was fair basiness in some directions while in others there was difiiculty in arranging for the decline of cotton. In the early part of the week heavy port receipts caused an absention from buying. The recent improvement in tone has enabled sellers to regain their lost ground. Cotton was watched closely by bosh sellers and buyers, and the course of receipts at American ports was of ?especial interest, this being now the only means of testing the ac- j curacy of larger or smaller estimates. There was rather more business with China last week and shirtings especial? ly were bought more freely.1 There was a moderate trade with Inidia in sev real lines. The trade with South America and minor outlets was inact? ive. This latter was attributed more to the policy pursued by merchants here than unhealthy conditions abroad. There was a general inquiry for yarns, which did not improve. Spinners are pressing for business and are accepting slightly lower prices for largs orders. Rome, Ga., Jan. 12.-As a result of a collision between a passenger and a freight on the Southern railway at an early hour this morning, near Reeves Station, 20 miles north of Rome, Madam Lillian N?rdica, the singer, was injured, her accompanist, E. R. Simmons, sustained a bruise and Engineer Tracy was killed and three other employes of the road were injured. Educating The Poor. A modern writer says that the noblest object in the American school system is the education of the poor. When John the Baptist sent messen? gers to our Lord to know if He was the true Messiah, or if they should look for another, the Lord told the messengers to remind John, among other evidences of His divinity, that the poor had the gospel preached to them. These two sayings seem to ns to go hand in hand. There was no surer sign of the Lord's Messiahship, ac? cording to His own account, than that the gospel was preached to the poor. And so we may say that here is no surer sign of our Chrisian civilization tuan that the poor have the means, at 13e public expense, lot getting the j benefits of an education. There are some rich peoole in the world who resent the public school tax. They say that it is wrong in principle for one man to be taxed to educate the children of another, but it seems to us that this is one of the grandest principles of our democr .tic govern? ment. If men pay this tax unwilling? ly and grudgingly they will only re? ceive an indirect benefit which comes from an educated citizenry. Bnt if they pay it in the true spirit of giv? ing, they will get the direct benefit which comes to all who give cheerful? ly for any good cause. Education is the greatest earthly benefit that any man can receive, and our public school system has given back to the axpayers far more than the worth of their money. But one of the greatest needs of the age is to educate public sentiment up to this point. There are many cultivated men and women in Virgin? ia who do no yet fully appreciate the great benefits to our civilization of the public school system, through which the masses are educated and made I let? ter. When they come to a full realiza? tion of this fact there will be no grumbling against the public school fax, and the public schools of the State will not be stinted. Richmond Times. CASTOR IA For Infants and Children. The Kind You Have Always Bought Bears the Signatare of JURY LAWS UNCONSTITUTIONAL. Supreme Court Renders a Unani? mous; Opinion on the Subject. Text of the Opinion That is of More Than Ordinary Interest to the Salons Now Assembling at the Capitol. The State supreme court has sus? tained Circuit Judge Gary's opinion that the jury laws of the State are un? constitutional, null and void, in that they are special and not general laws as required by the constitution, and the legislature is thus given an object lesson which should prevent the in? troduction of the usual round of bills that are clearly in violation of the constitutional provision. The court renders unanimous opin? ion, the paper being written by Ans? tice Eugene B. Gary. The case is that of the State vs. A. J. McQueen, et ai., from Cherokee county. The odinion in the other case on the same subject, that of the State vs. Franklin, affirms the judgment of the court below-Judge Ernest Gary's decision-and merely states that all points are covered in the opinion in the McQueen case. The full text of the opinion is as follows : The appellants were tried and con? victed of riot and assault and battery with intent to kill at the June (1901; term of court for Cherokee county. "Before the jury was selected, the attorney for the appellants, made a motion to quash the array of jurors on two grounuds, (1) because there was no jury law warranting the drawing of a jury for Cherokee county, and (2) because the jury law. if any, was re? pugnant to that provision of the con? stitution which prohibits special leg? islation." His honor, the circuit judge, over? ruled the motion whereupon the de? fendants appealed upon the following exception : "Because his honor erred in holding that the jury law of 1900, 13 Statutes 315 entitled: 'An act to amend sec tions 2336 and 2337 of the general stat? utes relating to the drawing and term of service of jurors, in the circuit courts of this State and to validate the jury lists already prepared, is not repugnant to, or in violation cf subdi? visions 8, ll ad 12 of section 34, arti? cle 3, constitution 1895, inasmuch as said jury law contains special and local provisions allowing the counties of Greenwood, Abbeville, Edgefield, Orangeburg and Lexington and Aiken to summon and empanel jurors in those- counties, and the county of Charleston has a separate and distinct act at page 320, 1900. All of which violates the aforesaid constitutional provision. " Section 1 of the act first mentioned in the exception contains the follow? ing provisions: "That section 2336 of the general statutes of 1882 now known as section 2375 of the revised statutes, be amend? ed so as to read as follows : Section 2375. The clerks of the court in each county in this State shall, on or before the 5th day of January of each year, prepare a state? ment and deliver the same to the county board of commissioners of the number of jurors that. will be re? quired to be in attendance for each term of the court, to be held in the county during the ensuing year, and the county board of commissioners shall in each year during the month of January prepare a list of such legally qualified voters of their re? spective counties, not absolutely ex? empt, as they may think well, qualified to serve as jurors, being persons of good moral character, of sound judg? ment, and free from all legal excep? tions, to be selected from the county at large, without regard to whether such persons reside in seven miles of the corut house or not: except in the counties of Spartanburg and Orange burg, the list shall be prepared in the month of December, and the list so prepared by each board of county com? missioners shall contain twice the number as reported by the clerk of the court: Provided, that in Aiken county the jury shall be listed and drawn as provided by the county gov? ernment law : Provided, that in the counties of Abbeville, Edgefield, Lex intgon, and Greenwood the said jury list shall be prepared in the following manner, the list in Abbeville to be one thousand names, to wit:" . . . Art. III, section 34 of the constitu? tion provides: "The general assembly of this State shall not enact local or special laws concerning any of the following sub? jects or for any of the following pur? poses, to wit: L To change the name of persons or places. 2. To lay out, open, alter or work roads or highways. 3. To incorporate cities, towns or villages, or change, amend or excend the charter thereof. 4. To incorpo? rate educational, religious, charita? ble, social, manufacturing or banking institutions not under control of the State, or amend or extend the charters thereof. 5. To incorporate school districts. 6. To authorize the adop? tion or legitimation of children. 7. To povide for the protection of game. 8. To summon and empanel grand or petit jurors. 9. To provide for the age at which citizens shall be sub iect to road or other public duty. 10. To fix the amount or manner of com? pensation to be paiJ^to any county offi? cer, except that the laws may be so made as to grade the compensation in proportion to the population and necessary service required, ll. In all other cases, where a general law can be made applicable, no special law shall be enacted. 12. The general assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uni? form in their operations: Provided, that nothing contained in this section shall prohibit the general assembly from enacting special provisions in general laws. ' ' In determining the constitutionality of of the foregoing Act it will be necessary to construe the words " to summon and empanel jurors. " It is contended by the respondent that they do not include the listing and drawing of jurors. In reaching a conclusion upon this question, we must look to the evil which the constitution wished to uproot. The jury laws throughout the State, were various and were produc? tive of great confusion and uncer? tainty. ^ The object of the constitution was to make the jury laws uniform through? out the entire State and this can only be accomplished by interperting the words "summon and empanel" to in? clude listing and drawing of jurors. Having reached this conclusion we will next consider whether the act can be considered as a special provision in a general law. . While the act purports to be only a amendment it is, in effect, a substi? tute for the law then in force on this subject, and deals with the entire question of listing and drawing jurors. It must therefore be constru? ed as an independent act, and cannot be regarded as a special provision in a general law. In Dean vs. Spartanburg, 59 S. C. 110, the court says: 1 "In order that a law may be general it must be of force in every county in the State, and while it may contain special pro? visions making its effect different in certain counties those counties cannot be exempt from its entire operation." The provision of the act that "in Aiken county the jury shall be listed and drawn as provided by the county government law" shows that it was not intended to be of force in that county. The provision that in the counties of Abbeville, Edgefield, Lexington and Geenwood the jury list should be prepared in the manner therein set forth shows that the operation of the act was not uniform throughout the State. But construing the act as an amendment it can not be declared to be constitutional, for the reason that it substantially changes the gen? eral law as to juries, and prevents uni? formity in all the counties of the State upon that subject. Even if it sholud be contended that this is a special provision in a general law, it could not be construed to be consti? tutional, as it prevents in a substan? tial manner uniformity in the jury law throughout the State. The appellants also contend that "the county of Charleston has a sepa? rate and distinct act at page 320, 1900, which violates the aforseaid constitu? tional provision. " Even contending this to be the fact, it could not have any effect in deter? mining whether the first act hereinbe? fore mentioned was constitutional, and its consideration is immaterial. These views are not inconsistent with the ruling in Carolina Grocery Co. vs. Burnett, 61 S. C. 205, as that case did not arise under either of the first ten subdivisions of article III, section 34; by reference to which it will be seen that the main object was to secure uniformity as to the subjects therein mentioned, and any legislation relating to those subjects which substantially militates against uniformity must necessarily be de? clared unconstitutional. It is the judgment of this court that the judgment of the circuit court be reversed, and the'case remanded for a new trial. DON'T LIYS T0SETEES. Constipation and health never go to? gether. DeWitt's Little Early Risers pro? mote easy action of the bowels without distress. "I have been troubled with cost? iveness nine years," says J () Greene, De pauw, Ind. "I have tried many remedies, but Little Early Risers give best results." J S Hughson ? Co. Less Legislation Wanted. The tendency toward less frequent sessions of state legislatures is per? ceptible in everv section of the coun? try. Alabama, m her new constitution, provides that he.r legislature shall meet but once in four years, unless some emergency shall require an extra session. It is said that this provision was one of the most popular that the convention put into the state's organ? ic law. Within the last few years sev? eral other states have widened the space between sessions of their legis? latures and in others there is a de? mand for like reform that seems like? ly to be recognized in the early fu? ture. The Georgia legislature meets every year, but its sessions are limited by the constitution to fifty days, and we have on an average fewer legisla? tive days than we had when the leg? islature met biennially in its regular session, but had the privilege of a summer session the year after the reg? ular one. The opposition to frequent sessions is based partly on consideration of expense, but mainly on the idea that a multiplicity of new laws is unneces? sary and mischievous. Last year no less than 15,000 new laws were enacted by our state and territorial legislatures. Of conrse, many of these had a merely local ap? plication, but a very large proportion of them extended throughout the jurisdiction of the enacting bodies. Experience leads us to expect that many of these new laws will be re? pealed at the first opportunity, and, it may be, before they have had a fair trial. .The people are growing weary of this making and unmaking of laws. They, prefer to have well-matured legisla? tion that will meet all requirements for some years to come and disturb the citizens and their business less than more frequent passages of new statis tics. In some states the people hard? ly become aware of the enactment of new laws before they are wiped out. The legislative authority busies itself almost incessantly with making and unmaking rules of conduct and deal? ing. Every legislature has a number of members who are ambitious to make an impression upon the code of their state, and they are apt to indulge an injudicious activity in endeavoring to r'o so. This accounts in large measure for unnecessary legislation, which, in many instances is pernicious legisla? tion also. The demand for a slower paco in lawmaking is well founded.-Atlanta Journal. A GOOD REC02&ME2TD?TX027. "I have noticed that the sale on Cham? berlain's Stomach and Liver Tablets is almost invariably to those who have once used them." says Mr J H Weber, a promi? nent druggist of Cascade. Iowa. What better recommendation could any medi? cine have than for people to call for it when again in need of such a remedy ': Try them when you feel dull after eating, when you h..ve a bad taste in the mouth, feel billious, have no appetite or when troubled with constipation, and - you are certain to be delighted with the prompt relief which they afford. For sale by Dr ? J China. WASHINGTON POLITICAL GOSSIP. THE REPUBLICAN PARTY LOST - PANAMA CANAL SALE WORKING FOR SHIP SUB? SIDY STEAL Washington, Jan. 13.-The perfect discipline which prevails among the republicans in Congress and the ease with which a few leaders control the majority was well demonstrated on last Thursday when the House of Repre? sentatives voted for the Hepburn bill by a vote of 308 to 2. That *the indi? viduality of members is destroyed and the wishes of certain constituents sac? rificed are of little moment to the party leaders compared with what they choose to consider the party good. One republican voted against the Hepburn bill. Mr. Loren Fletcher of Minnesota. When seen by your correspondent he stated that numerous members of his party had come to him after the vote and expressed the wish that they had dared vote as he had done, but the fear of the party lash doubtless prevented them from doing so. Mr. Fletcher gives as his reason for voting against the measure the fact that he has had height years experi? ence as a member of the committee before which the pros and cons of the isthmian canal have been discuss? ed and he believes that the enterprise is fraught with many dangers and that the estimates on the^Nicaraguan route, at least, are far too low. Mr. Fletcher; admitted that he might have voted for a canal along the Panama route but he is by no means enthusi? astic for a canal along any route. He further believes that the advantages from such a canal are greatly overesti? mated As a matter of fact, the re? publican leaders regarded any debate or decision by the House a mere waste of time and it is in the Senate that the subject will be discussed and a definite plan of action determined upon. The action of Senator Morgan, in his capacity of Chairman of the Com? mittee on Inter-oceanic Canals, in subpoenaing M. Lampre, the repre? sentative of the Panama Canal Com? pany, is regarded as somewhat drastic, especially in view of the fact that M. Lampre was ready to go before the committee and furnish any informa? tion that might be required, but if the Senator, after putting the repre? sentative of the French company un? der oath, should succeed in discover? ing evidence of the conspiracy he be? lieves to exist between the Panama Company and the trans-continental railroad companies his action will doubtless stand approved. Admiral Walker has made public a statement in which he says that he has received from the headquarters of the Panama Canal Company in Paris a cablegram confirming the offer of their representative in Washington, to sell all the propertv of the companv for the flat price of S4?,OOO, OOO. The " Ad mi ral states that he will call a meet? ing of the Commission at the earliest practicable date to consider the propo? sition and make a supplementary re? port to the President. This report will be forwarded to ^Congress and it is unlikely that any definite action will be taken by the Senate until after it is received. There seems to be little doubt that the chief opposition to the construc? tion of the canal now emanates from Senator Allison and Representative Cannon, chairmen of the appropria? tion committees of the Senate and House respectively. Both of these gentlemen express themselves as aghast at the amount of money which the enterprise will require. Mr. Can? non said yesterday: "The United States is a rich country and can well afford to undertake any enterprise which will make for its material wel? fare but that is not saying that it should enter into a vast undertaking of this nature without a most careful consideration of the prospective bene? fits and the most accurate estimates obtainable as to the eventual cost." Beyond that statement he refused to express an opinion. The bill reported by the Census committee of the House came up as especial business on Friday, in that body, and was productive of a spirited debate by Chairman Hopkins on the one side and Representative Burkett of Nebraska on the other. The fact that the measure provides for a salary of $7,500 for Director Merriam, who is known to be a favorite of the ad? ministration, but who is receiving far greater compensatiop than the heads of ohter bureaus in the government, and the further fact that the protection cf the Civil Service Commission was not assured to the clerks in the Cen? sus Bureau resulted in the bill's being referred back to the committee for revision. When the committee has made such changes as the members desire it will ndoubtedly pass the House and it is believed to be regard? ed with favor by the Senate. Senator Frye is proving indefatiga able in his efforts to secure the pass? age of the ship subsidy bill, and his committee, the Senate Committee on Commerce, has spent many hours dis? cussing its provisions. Senator Frye has himself prepared the report which he desires shall be favorably reported to the Senate but it is such a volum? inous document that the committee ordered it printed before undertaking to read it. Senator Frye expects to secure the favorable action of the whole committee on the report next Thursday and he feels sure that if the committee reports in favor of the measure the Senate will pass it with? out question from the republican side of the chamber. The democrats, who regard the subsidy as a pernicious form of legislation, will assert their opposition before it becomes a law, but merely with a view to recording their disapproval as they appreciate that there is little chance for effective opposition. The frank avowal of his powerless? ness in the matter of Southern ap? pointments, by Senator Hanna, is re? garded with no litlte amusement by : iie democrats and considerable concern by the repulicans; the senators, at least. As is well known, all ques lions of Southern appointments, un? der Mr. McKinley's regime, were de? cided by Senator Hanna in his capac- I itv of Chairman of the National Com? mittee. Under the supposition that such was still the case National Com? mitteemen' Hawley and State Chair? man Cecil Lyons, of Texas, appealed to Mr. Hanna on behalf of some can? didates for presidential appointment