Historical Newspapers of South Carolina

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TiM SUMTES watchman, Established April, isso? "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 Jone ! see Cosoli ate Aug. 2,1881. SUMTER. S. CL "WEDNESDAY. JUNE 11. 1908. New Series-Tol. XXI. No. 45 othing but the Most Universal Satisfaction is Heard rom all Users of the New Ballhearing, Light-runnini New Home" Sewing Machine JENKINS BROS, sell them. They are also selling and sinking the Force Pump on the market* See them* JENKINS BROTHER best THE "OVERA.LL, KIDS," S. C. f W&?fyr&m at?r ?Mrrtfi. '.-y O . . .....''? ?- . ~" 3?MTER, 8. C. 1,50 por anaam-?la advance. ?DTCST1B.ZXIS?: One Square first insertkm?^..^?^.^^! 00 Bvery snbssqaeBt ioeertioa........ ......... 50 Coa tra?is for three months, or longer will he made at reduced rates. All commonicfttiona which sabe?rve private interests will becbarged forjas ad versiemects. Obituaries and tributes of respects will be charged for. LEE COUNTY LN THE SUPREME COURT. Thb Grounds Upon Which the Petition lljgpd Rule Against Lee County are Based. ^olttisMa, June 8.?TheJSght agaiist . ? focSmt?oiL?f Lee'Couirty is. npw ?n- in earnest^ The ioilo~:' r.:s t-he fell text ol'j?ie timers ?led is ifche case :ore the,' Supr?me Conxt and the Temporary ^junction: - issued";lay that The State of Souti)s< arolina?-in the Supreme Court', April ^?rm, 19 2; William W. Fraser, H?iiry Y. Dn Bose, W. Edward Dick,Thomas D. DuBose*. Thomas M. .Bradley, James Mi Ross, Sydney IV Hurst, J. L.. GiUis, Joseph D.'Ci?irk. Ed vard J. Goodman, Samuel T. Gard ner, W- Lu.Cly-burn and Thomas J. McCutchen, Petitioners, Against . A. James. J. E. McCutchen, W. . Shaw, Edwin Wilson, W. M. Kelly. A. E. Skinner. A. . Lee, A. Johnson and John F. Matthews, as Commissioners of Lee County, Respondents. To the Honorable, the Chief Justice and Associate Justices of the Sur BS^reme Court of South Carol na: The plaintiffs above named, who bring this action as welt for them selves as for ail others, citizens of the territory embraced within the boun daries of the so called County of Lee, a?s may come in and contribute to the expenses of this action, petition and say: 1. That a petition signed by sundry citizens of Sumter, Kershaw and Darlington Counties was filed in September last with the Governor ot South Carolina, praying the creation of a new county, setting forth the motes and boundaries of th? proposed new county, and that the acreage, number of inhabitants and value of property, as assessed for taxation, in both new and old counties?and dis tance of new county line from the Court Houses of the said ih ree old counties, were such as would permit the creation of such new county under the requirements and restric tions of the Constitution of South Carolina of 1895. 2. That petitioners are advised that no such petition would authorize the creation of a new county nor an election therefor unless the petition therefor was signed by one-third of the qualified electors of each section of the proposed now county, and that ' each section," as used in the Consti tution and Statute means each town ship, school district or other then ex isting territorial division; and peti tioners have been informed and be lieve that said petition was not sign ed by one-third of each township, school district or other territorial di vision then existing within the limits of the said proposed new county. 3. On information and belief, that no survey, nor lawful setting forth of the actual boundaries of the new cou ty was made prior to the filing of said petition and to the election ordered and held thereunder. 4. That no portion of Rafting Creek Township was included in the boun daries as described in said petition and in the proclamation of the Gover nor ordering an election as prayed for in said petition. 5. On information and belief, that the area, population, and assessed valuation of property in the proposed new county and in the said three old counties, were not accurately ascer tained, but were estimated by mere conjecture. 6. That the Court H*>use building of Sumter County is less than eight miles from the boundary line of the said proposed new county. 7. That pursuant to the prayer of said petition, the Governor of the State ordered an election to be held within the'limits of the said proposed new county on the 22nd day of Octo ber, 1901, and said election was then and there held, but because there was no survey and designation of the boundary lines prior to said election, it was impossible for, the managers always to tell w.ith accuracy which voters in the vicinity of said boun daries were within and whichN with out the limits of the proposed new county. 8. That the managers and county election commissioners declared as a result of said election that two thirds of the ballots cast separately ! in each of the Counties of Kershaw, Darlington and Sumter had voted "yes" on the creation of the county, and in favor of "Lee" as its name and ^Bishopville" as its county seat. 9. That after said election had been held aad before the passage of the Act of the legislature hereinafter mention ed, the friends of the said Lee County cacsed a survey of the new county lines to oe made and in such sarvey have changed the lines named in the said petition to the Governor. .10. That the result of -said last mentioned election was certified in legal form by the commissioners of election for said three old counties to the Secretary of State, and by him was submitted to the General Assem bly at its next session?ali of which proceedings were confor-mable to law. 11. That the General Assembly at its said session, passed an act, which was entitled "An act to establish Lee County,7' and said act was duly ap proved by the Governor on the 25th day of February, 1902. The said act of Assembly purports to create and establish'the said County of Lee, de signating the same boundaries as are \ set forth in said petition, providing for the election of county officers and others at the general election in November next, locating it in the Third Circuit aud in the Seventh Congressional District, and making other provisions for the full opera tion of a county government. But said act provides for the inclusion of a portion of Raf ting Creek Township, notwithstanding no portion of said Township was included in the boun daries, named in said petition. 12. The said act also directs the re spondents to this petition, as Com missioners of Lee County, "to have the boundaries of said new county marked as now surveyed," whereas the boundaries as then surve3Ted were different from the boundaries as named in the petition and in section 1 of said act, in the following particulars: (1) The corner in Brad- ] leyvs field near Kershaw County line," as called for by the petition and the act, has been disregarded, and the line run a mile or more be yond into Rafting Creek Township. (2) The line of "Scape O'er Swamp" as called for by the petition and act. has been changed, and moved a half mile away from said swamp and further from the Court House Build ing of Sumter County. 13. That the said act also contains the following provisions: "Sec. 2. That W. A. James, J. E. McCntchen, W. R. Shaw, Edwin Wilson, W. M. Kelly, A. E. Skinner, A. M. Lee, A. Johuson and John F. Matthews are hereby appointed Commissioners of said County of Lee, and they and their successors in office ar? hereby authorized to have the boundaries of said new county marked as now sur veyed, and to provide a court house and jail by the erection of suitable buildings at the county seat, and to receive and accept in the name aud for the new County of Lee, any bonds, money, land or other gifts donated or hereafter given to have erected the said public buildings: Provided, That when the County Supervisor for said county is elected and qualified and county commis sioners are appointed and qualified, or such county officers as shall then be elected by law with the authority now exercised by said supervisors and commissioners or a board of commissioners, the above named commissioners shy 11 then turn over to the county board of commission ers or such officers as are then exer cising their authority, all the public buildings, if then completed, and also ail bonds, obligations, land or money in their hands and belonging to the said County of Lee, and then their powers and duties shall cease, and the county board of commis sioners or such other officers as shall succeed to all the rights and powers of said Commissioners." 14. Tbat upon the establishment of said Lee county, county officers for such new county, including clerk of court, sheriff, probate judge, treas urer, auditor, supervisor, commis sioners of election and others, will be required; additional buildings, such as court house, jail and poor house, must be erected; terms of court must be held, and jurou there for summoned and empanelled, books of registration transcribed, and an j adjustment of indebtedness between the new county and the old counties made?all or some of which will involve an expenditure of money over and above what would be re quired if such new county be not established, and the mo?tiey so ex pended must be raisd by taxation of taxable property within the limits of said new county. 15?That the commissioners ap pointed by the said Act of Assembly of 1903 are authorized ariti empower ed to do acts and make contracts which will involve the expenditure of money, which, under the said act, would be a charge upon all of thb taxable property of said Lee county, to wit: to have the bounda ries of said new county marked as now surveyed, arid to erect suitable buildings for court house and jail at the county seat. . 16. That your petitioners are citi , zens, electors, free-holders and taxpayers of the territory .'em braced within the said Lee county, opposed to the creation of I said county; and they submit, as a 'matter of law, that as such oppo nents they should make known their opposition and take action to prevent the formation of such new county before the same-h as been fully estab lished. And they further submit that the said act of the General Assembly is null and void, and the creation and establishment of Lee county un authorized and unconstitutional, for the reasons that the said Lee county did not certainly receive the favora ble yote of two-thirds of the qualified electors voting in each section of said proposed new county; did not cer tainly have the necessary population and assessed value of property, nor leave the necessary population and assessed value of property , in the three old counties from which it was carved; has not the boundaries in the Act that was designated in the petition and should have controlled the election; and has cut the county of Sumter "within eight miles of its Court House building. Wherefore, your petitioners pray that the defendants, as commission ers of Lee county, may be enjoined from doing or performing any act or duty imposed upon them by the terms of the said act of Assembly of 1902. And your petitioners, as in duty bound, will ever pray and so forth. Robt. W. Shand, Attorney for Petitioners. The following is the Order of the Court: "On hearing the petition in the above stated case, dated and verified 3ist of May, 1902, and on motion of R. W. Shand, attorney for petition ers, it is ordered that the defendants above named show cause before this Court why the injunction prayed for in the petition should not be granted, and that they serve a copy of their return to this rule on the attorney for petitioners within twenty days after service upon them. Let the petition be filed with the Clerk of this Court and a copy of said petition and of this order be served within seven days from this date, 2nd June, 1902. Y. J. Pope, Senior Associate Justice Presiding. A Gentle Hint. In our style of climate, with its sudden changes of temperature,?rain, wind and sunshine often intermingled m a single day,?it is no wonder that onr children, friends and relatives are so frequer-.tly taken from ns by neglected colds, half the deaths resulting directly from this cause. A bottle of Boschee's German Syrup kept about your home for immediate use will prevent serions sickness, a large doctor's bill, and perhaps death, by the ose of three or four doses. For cnring Consumption, Hemorrhages, Pneumonia, Severe Coughs, Croup, or any disease of the Throat or Lungs, its success is simply wonderful as your druggist will tell you. Get a sample bottle from DeLorme's Pharmacy or Sumter Pharmacy. Regular size, 73 cts. Get Green's Special Almanac. Flower baskets to suit all. H. G. Osteen & Co. THEY DIDN'T BURN HIM. But Shot Kim to Death and Nailed Body to Telegraph Pole. Walterboro, June .?Jim Black was lynched at New Road last night for the murder of Mrs. J. Jones, a month ago. The information is that Jim Black was carried from Savan nah, where he had been apprehended, to Ravenel for a hearing before Magis trate Behling. As soon as he had been identified as the one seen near the place at the time of the crime he offered to tell them all about it if they would not burn him. They promised. He then said that he himself had kill ed Mrs. Jones and threw her in the goat.^house, while Cain Ford, Ned Pryor and a negro whose name could not be learned watched : that the pur pose of the killing was for robbery, he having been told by one of the hands that Mr. Jones had money in the house. He also told of a number of other robberies that had been com mitted and a * number they had planned. He was shot to death, after which they hung his body to a telegraph pole by nailing his hands with a railroad "spike. A placard was then placed on his body. Cain Ford is here in jail. Ned Pryor was killed some time ago while at tempting to escape. There are two reports as to the other negro impli cated : one is that he was found dead in the swamp about two weeks ago and the other is that he lives several miles from Ravenel an? that the mob is now in search of him. Women Show Their Scorn. Worcester, Mass., June 6.?One of the most sensational scenes ever wit nessed in a church in this city was enacted at St. John's Roman Catholic Church yesterday, when Mary E. Donaher, a teacher in the public schools of Worcester, was married to Dr. Maurice W. Quinn, a dentist, of Brocton. As the wedding party en tered the church it was met by hisses from 1,000 women, who had apparently gathered for that particular prupose. A detail of police was present to pro-, tect the bride and groom, but they were entirely powerless to maintain order. The women rnshed by and around them, close to the wedding party, and gave vent to their feelings in no uncertain manner. The demonstration grew out of the attempted shooting of Dr. Quinn sev eral days ago by Miss Bertha Condon, of this city, who asserted Quinn had betrayed her under promise of mar riage. An Historic Trowel. The trowel used in laying the cor nerstone of the Central Presbyterian Church Monday is an object of great interest and veneration, esepcially to Masons. It is of sterling silver, with an ivory handle, and was first used by the Marquis Lafayette in laying the cor nerstone of the monument to the Baron De Kalb in 1825. It was made especially for that occasion, and was for many years in the possession of private persons at Camden, but event ually passed into the hands of the grand lodge of Masons in this State. The Marquis Lafayette was an emi nent Mason, and on the occasion of his visit to America in 1825 he made a special visit for the purpose of offi ciating at the laying of the cornerstone of the monument to the memory of his friend and companion in arms, Baron De Kalb. The Lafayette trowel is one of the most highly prized relics in the posses sion of the grand lodge.?Anderson Mail. - mm ? $ ? - A Real Friend. "I suffered from dyspepsia and indiges tion for fifteen years,'' says W. T. Sturde vant, of Merry Oaks, N. C. "After I had tried many doctors and medicines to no avail one of my friends persuaded me to try Kodol. It gave immediate relief. I can eat almost anything I want now and my digestion is good. I cheerfully recom mend Kodol." Don't try to cure stomach trouble by dieting. That only further weakens the system. You need wholesome, strengthening food. Kodol enables you to assimilate what you eat by digesting it without the stomach's aid. J. S. Hughson &Co. THE PRIDE OF THE STATE. Session of the Citadel Academy Drawing to a Close. Special to The Daily Item. Charleston, S. C, June 6.?The ses- i sion at the Citadel is fast drawing to a close now, and a few more weeks will find the cadets entering upon their vacation. Although much time has been lost this year, cn account of the Exposition, the standard has been raised, and each class is two month in advance of what has been accomplish ed heretofore in the same class. Until this year a general average of 9, out of 15, was required for four years in order to graduate, but at the annual meeting of the Board of Visitors last June it was decided that every cadet must make an average of 10 out of 15 each year in order to pass into a high er class. The commencement exercises of the literary societies will be held in the Hibernian Hall on the evening of the 27th. On the 30th academic com mencement exercises will take place. At.that time thirty-eight more young men will hold diplomas from an insti tution of which the United " States Adjutant and Inspector General, in his report to the War Department after an inspection, said: "It is second to none, and is so superior that it must be classed alone. " It is expected that, in addition to their deplomas, seven of the graduates will receive the degree of Bachelor of Science. An average of 85 per cent, or more on the studies of the four years' course is required in order to confer this degree upon grad uates. The battalion spent the afternoon and evening of the closing day of the Exposition at'the grounds. There was a large crowd present. The Midway was especially lively after dark. Prominent among the features of the day was a sham battle between the Third regiment, on one side, and the United States marines, the cadets of the South Carolina Military Academy, and the cadets of the Porter Military Academy on the other. After the bat tle regimental parade was held. The Citadel is an institution for the education and training of the young men of our State, and, accept ing the statement of those who have watched its progress, it has admirably done its work. The beneficiary cadets, which compose about half the corps, are sixty-eight in number. However, there is no distinction made between beneficiary and pay cadets. Few people have any esimate of the course of training and toe curriculum which this institution affords, aside from the military training, which is complete in every detail. Cuba Will be Short Lived. Washington, June 4.?Mr. John G. Carlisle, of New York, is in the. city, on important legal business. Mr. Carlisle has recently returned from Cuba. While there he met a number of the best and most intelligent class of people who reside in that country. They were nearly unanimous in their .opinion that Cuba as a republic would not last. Some thought that it would hold together for six months, and others for a year, but few, if any, be lieved that it would last longer than a year or so. It was generally conceded that the United States would take Cuba under its protecting wing by an nexation inside of two years, and the wealthy and business interests of tbe country regarded it as a "consumma tion devoutly to be wished." Read It in His Newspaper. George Schaub, a well known German citizen of New Lebanon, Ohio, is a cons tant reader of the Dayton Volkszeitung. He knows that this paper aims to advertise only the best in its columns, and when he saw Chamberlain's Pain Balm advertised therein for lame back, he did not hesitate in buying a bottle of it for his wife, who for eight weeks had suffered with the most terrible pains in her back and could get no relief. He says: "After using the Pain Balm for a few days my wife said to me, feel as though born anew,' and before using the entire contents of the bottle the unbearable pains had entirely vanished and she could again take up her household duties." He is very thankful and hopes that all suffering likewise will hear of her wonderful recovery. This valuable lini ment is for sale by Dr. A. J. China. THE FLOWERS OF THE STATES. Emblems That Have Been Chosen in Twenty Commonwealths. At the annual luncheon of the Mas sachusetts Floral Emblem Society in this city on Monday, .May' , says the Boston Herald, Mrs. Allen Richardson read a short paper on *1 The True His tory of the National Floral Emblem Society of America. " The national flower movement in America "was start ed at Ardmore Pa, in December, 1886 when Margaret B. Harvey wrote the original national flower poem, "Valley Forge Arbutus, " containing the now popular phrase "national flower." Mr. John . Roberts, editor of the Phoenixville Messenger,, published near Valley Forge, wrote- the first editorial on the "national flower," giving due credit to the poem. The national society as yet has not pushed its work for the national flower, believing that the States would better first awaken local interests by selecting State emblems. Twenty States have already performed this office. : "With the Louisiana Purchase Exposition before us, such a>. congress is being planned for decisi?n as to the national flower. Miss Helena Richardson, State councillor on publication, ; who has corresponded with the governors of various States in regard to the fiorai emblems, gave brief extracts " from their replies, showing choice of State flowers as follows: Colorado, blue and white columbine, { chosen in 1S99; Delaware, peach blos som, chosen many years ago ; Maine, I pine cone and tassel ; Michigan, ap j pie bosscms, 1S97 : Montana, bitter j root, 1895 ; Nebraska, golden rod, 1S95 ; Oklahoma, mistletoe, 1893; Oregon, grape, 1899: Utah, sago lily, lS92i Vermont, clover, 1894; Californar poppy? ?eorga, Cherokee rose; Ida ho, syrigna; Kansas, sunflower; Min nesota, moccasin flower; Nevada, sage brush ; Washington State, rhododend ron: Arkansas, cactus, and New Hampshire, oak branch and acorn. Happy Time in Old Town. "We felt very happy," writes R. N. Bevili, Old Town, Va., "when Bncklen's Arnica Salve wholly cured our daughter of a bad case of scald head." It delights all who j use it for Cuts, Corns, Bums, Bruises, Boils, 1 Ulcers, Eruptions. Infallible for Piles. I Only 25c at J. F. W. DeLorme's drug store. Shoots Twenty-one Miles. Arrangements are being made at Fort Hamilton,New York harbor,for mount ing the new 16-inch gun which has been in course of construction at the Watervliet Arsenal for the past four years. The gun will be placed at the fort as soon as it has been officially tested at the Sandy Hook proving grounds. The test is awaited eagerly I by all the gun makers of the world. It is claimed the gun will hurl a shell twenty-one miles. In order to dis charge the gun it wiil require 1,000 pounds of powder and a 3,000 pound projectile. The weight of the gun is 150 tons. Baking Powder Most healthfu? leavener in the world. Goes farther. ROYAL BAK1NO PO*D?R CO . HEW YORK.