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WE OMESSA Y, JULY .2, 1902. Tfae Si?mter Watchman was toundeo 1*0(1 and the True Southron in 1866 The Watchman and Southron now has she combined circulation and influence ?f both of the old papers, and is mani festly the best advertising medium io Smarter. THE TELEPHONE FRANCHISE. This paper has never opposed the granting of a franchise, ander proper restrictions, to establish and maintain a local telephone exchange in this city, but has consistently opposed and will continue to use its influence against the granting of a perpetual and unrestricted franchise for any public utility to any individual or corporation. Such a grant wonld be wrong in principle, wrong in policy, and injurious to the taxpayers and ci< izens of this city generally, as thej would realize to their sorrow wh< they began to feel the effects that would assuredly follow the granting of such a franchise. The application of the Southern Bell . Telephone and Telegraph Company for a franchise to erect and operate a local telephone exchange in this city, now "before City Council, furnishes a text from what we shall have to say re - specting the franchise question. While these remarks have a particular ap plication to the case in point, they are based upon well defined basic principies of public policy, that are of the widest and most general applica % tiojs to grants of franchises of any character whatsoever. The status of the Bell company's ap plication is that the City Council, by e .majority of one, the Mayor casting . the deciding ballot, adopted a resolu Lon that the application of the Bell company for a franciose be granted. Along with the application the Bell company filed an ordinance for adop :n by City Council and a form of contract to be executed between the Southern Bell Telephone and Teie iph Company and the city of Sum the said contract to be signed and I sealed in behalf of the Bell company its, president and secretary and by le Mayor and Clerk in behalf of the of Suinter. The proposed ordi has not been read twice at ?ve meetings and then adopted a majority vote of Council, nor has ? been adopted by a majority vote a a first reading under a suspen of the rules by vote, as the rule -and custom of the City Council per mits. Nor has a resolution been adopted by vote of Council instructing and empowering the Mayor and Clerk to execute the proposed contract in behalf of the city of Sumter. Now to come to the point: We are utterly and unalterably opposed to the adop tion of the ordinance in the form sub mitted, for the reason that Section 3 is superfluous and has no place in an ordinance granting a simple fran chise. It is inserted, in the ordinance : for a purpose, and that purpose is not the benefit of the city of Sumter nor the conservation of the rights of her citizens. Section 3 states a consid?r ez ation for the adoption of the ordinance and gives to the ordinance the force and effect of a bihding' and perpetual contract, which the city of Sumter has no' power to alter or revoke so long as the Bell company shall comply with its part of the agreement We object to the City Council entering into such a contract, for the very good reasons, that, in the first place, the consideration named is not suffi cient, and, in the second place, that it is unwise and poor policy to make a perpetual contract of this nature, for conditions may so change within the uext five, ten or twenty years that it would be of the greatest importance and value to the city to be in a posi tion to alter the terms of the franchise, or at the termination of the franchise period, to refuse to renew it altogeth ; er* To the proposed contract the above objections apply with even greater force than to the proposed contract ordinance. We can but add that, in our opinion, it would be the veriest folly for the City Council to tie the 'ty hand and foot at the demand of a corporation that proposes to come into Sumter, not as a charitable organi zation, but for the purpose of making ail the profit possible out 'of a busi ness enterprise.. It is to the interest of the Bell company and its paid rep resentatives to make the best terms possible, and they are looking out for the interests of their side. If they can induce the City Council to exe cute an iron-clad contract that will inure to the perpetual benefit of their company, they are doing no mere than their duty ; they are doing what they are paid to do. But if City Council executes a contract, through lack of foresight or want of careful considera tion, that results to the disadvantage of the city, they will fail in their duty to the people who elected . them. They were elected to represent the people and to safeguard their inter ests, and they should be as zealous, as careful and as exacting in the city's affairs to secure, the best j.?ossible terms for the city and the people, whose representatives they are, as the paid employes of a corporation have shown themselves to be. The proposed ordinance and contract, the adoption of the one and the execu tion of the other, as they stand, with out alteration, as insisted upon by the Bell company, are given herewith in full, and the importance of the matters involved should make every citizen read them with consideration : ? An ordinance authorizing the South ern \Bell Telephone and Telegraph Company to use the public streets of the city of Sumter, S. C, for the purpose of placing poles and elec . trica! conductors thereon. Section L Be it ordained by the General Council of the city of Sum ter, South Carolina, That permission be and the same is hereby granted to the Southern Bell Telephone and . Tel egraph Company, its successors and assigns, to ereot, operate and main tain lines of telephone and telegraph, including the necessary poles, fix tures and conductors, along and over the public roads, streets and high ways of the city ?f Sumter, S. C, to be designated by the City Council of Sumter, as its business may from time to time require. . Sec 2, That the work of erecting poles by virtue of this ordinance shall be "done under the supervision of the City Council of said city, and the said Southern Bell Telephone and Tele graph Cempany shall promptly replace and properly relay any sidewalk or street that may be displaced by. reason of the erection of such poles, and upon failure of the company so to do the. city may repair such portion of the sidewalk or street that may have been disturbed by said company and col j'lect the costs so incurred from said company. Sec 3. In consideration of the rights and privileges herein granted, said company shall provide one crossarm on pole for the free use of the police and fire alarm system of the city of Sum ter, and shall maintain a station in said city for receiving long distance messages. Sec. 4. The said company shall at all times be subject to the city ordi nances now in existence, or which may be hereafter passed, relative to the use of the public streets by telephone and telegraph companies. Sec . The said company shall in demnify the city of Sumter, S. C, against and assume all liabilities for damages which may arise or accrue to the city of Sumter, S. C, from in jury to persons or property from the doing of any work herein authorized or'the neglect of said company or any of its employes to comply with any or dinance relative to the use of said city, and the acceptance by the com panyof this ordinance shall be an agree ment by it to pay to the city of Sumter. S. C, any sum of money for which the city may become liable from or by reason of such injury. Sec. 6. The said company shall file with the Clerk of the Council of the city of Sumter, S. C. its accept ance of this ordinance within sixty (00) days from date, when it shall take effect Sec 7. This ordinance shall be in force from and after the date of its publication. THE CONTRACT. State of South Carolina, County of Sumter. In consideration of the passage and adoption of the ordinance hereto at tached, the Southern Bell Telephone and Telegraph Company agrees, dur ing the life of the above ordinance or franchise, to furnish the city of Sum ter, S. C, in the event that said com pany establishes an exchange in Sum ter, three (3) thelephone stations, with exchange service free, and such other stations as the city may Tequire or deem necessary, at thirty-three and one-third (33 1-3) per cent reduc tion from the rates charged the pa trons of the Sumter, S. C., exchange for similar class of service. The Southern Bell Telephone and Telegraph Company further agrees, in the event they build a local exchange in Sumter, that, for a period of five ( ) years after the construction of said exchange, the maximum rates to be charged for business and residence stations shall not exceed $3.50 and $2 per month, respectively, and the com pany also agrees that the minimum rates to be charged for exchange ser vice wiil not be less than tlie rate charged by any competing com pnay operating an exchange in Sumter for a similar class of service. In witness whereof * * * * and to be signed by the president and secretary of the Southern Bell Tele phone and Telegraph Company and the Mayor and Clerk of the city of Sumter. At a special meeting of City Coun cil Monday afternoon, called to con sider the Bell Telephone contract ordinance, a motion to adopt and ratify the ordinance and contract presented by the representatives of the Bell Com pany was defected and a substitute providing for the appointment of a committee to draft an ordinance was adopted. This committee has been empowered to employ a lawyer to ad vise with them and assist in the prep aration of the ordinance granting the franchise to the Bell company. 2 With this action of council no one can find fault unless that one happens to have an ax to grind, then of course objections and criticisms may be look ed for. City Council has acted with business discretion and we believe that the future will vindicate the wis dom of their decision. As an illustration of the difference between a simple franchise and an iron-clad contr ?-&, we publish herewith the form of franchise submitted by Dr. Emil Dorn, of Chicago, with his application for permission to estab lish a telephone exchange in this city. We know absolutely nothing of Dr. Dorn ; he may be a faker of the worst type or he may be a millionai remand a business man of the highest character. This has nothing to do with the point we wish to impress upon the minds of our citizens. We want them to com pare the Dorn telephone franchise and the Bell telephone contract. The one is merely a grant of privileges and rights to carry on business for a speci fied term of years, the other is a per petual contract that cannot be revoked or altered by council. Which form of franchise do the peo ple of Sumter want the council enact? The Dorn application for a franchise is as follows : / TELEPHONE FRANCHISE. An ordinance granting to Dr. Emil Dorn, of Chicago, and to his associ ates, successors and assigns a franchise to construct, operate and maintain a telephone system in the city of Sum ter, South Carolina, &nd to use the streets, avenues, alleys and other pub lic grounds and places for such purpose. Be it ordained by the council of the city of Sumter, South Carolina : Section 1. There is hereby 'granted to Dr. Emil Dorn, of Chicago, and to his associates, successors and assigns the right and franchise to erect, con struct, operate and maintain a tele ; phone system -in the city of Sumter, ? for a period of fifty years from and af ter the passage and approval of this ordinance, and for that purpose there is hereby granted to the said Dr. Emil Dorn, his associates, successors and assigns the permission and right to enter upon any and all of the streets, avenues, alleys and other public ground andoplaces in and of said city of Sum ter, and to erect and maintain in, over and along and across said streets, avenues, alleys and other public grounds and places in said city, poles, wires, guy-wires, cross-arms, masts, posts, towers, fixtures and all other appliances and structures necessary for the proper construction, maintenance and operation of' said telephone sys tem, and to do all other necessary acts in connection therewith. Section 2. Said poles, wires, guy wires cross-arms, masts, posts, towers, fixtures, and other appliances and structures shall be located and erected in such a manner as not to interfere with the ordinary use of the streets, avenues, alleys and other public grounds and places, nor with any wa ter mains or pipes, nor with any sew ers now or hereafter to be constructed in said city of Sumter. Section 3. The said Dr. Emil Dorn, his associates, successors and assigns shall at all tiftes hold and ? save the city of Sumter harmless from any and all damages that may arise out of the construction and operation of said telephone system. Section 4. The said telephone sys tem shall be constructed and in opera tion, that is ready to furnish service to patrons within 12 months after the passage and approval of this ordi nance. If not so constructed within said time, the franchise and rights herein granted, at the option of the city of Sumter, be declared forfeited, unless delayed by injunction or other legal process. Section . The telephones used Ton said system shall be modern in every respect, and shall be kept i n good or der and ready for use twenty-four hours each day, and seven days in each week. Section 6. All poles used in con structing said telephone system shall be of sufficient length to elevate all wires thereon at least substantially twenty feet above the street or road bed, and all such poles shall be of cedar or equally good material, secure ly and firmly set in the ground, and where practicable, the poles shall be at the corners and centers of the blocks, and in all cases to be so placed as noi; to discommode the public in the use of the streets. Section 7. Charges for service of said telephone system shall not exceed three dollars fifty cents ($3.50) for each telephone per month for offices and business houses, and one dollar fifty cents ($1.50) for each telephone per month for residences. Section 8. In connection with said telephone system there shall be at all times maintained and operated a "central'' or "connecting" station for the use of its patrons. Section 9. This ordinance shall be in force and take effect from and after its passage and approval JIM TILLMAN'S RECORD. Editor Brice of The Columbia Rec ord is devoting considerable space these days to Jim Tillman's public record and as he states only facts sus ceptible of easy proof, what lie has to say has weight. In Monday's issue he says: "Today we will refer to an incident in the senate last winter, which un doutbedly is the most serious reflec tion upon the character of Tillman that has yet been brought against him. Senator Ilderton, of Florence, after the hardest sort of fight succeed ed in passing a bill through the senate whereby certain practices of railway protective associations were made un lawful and employes belonging to these associations were given certain clearly defined rights. That bill went over to the house and the outcome finally was that the measuure had to be given over to a free conference com mittee. When it came to the appoint men of the senatorial members of that conference committee, against all par liamentary usage, a committee of sen I ators was appointed, a majority of whom were absolutely opposed to the bill. It was nothing but right, prop er and just that the men on that com mittee should have been those who represented a majority of the senate, however small that majority may have been. The senate had expressed itself in favor of the bill and that sentiment should have been represented by men who favored the bilL It is no reflec tion on those senators who were ap pointed by the president pro tern., at the request of Tillman, that Mr. Ilder ton's bill failed to become law, either in its original shape or a modified form. Senator Ilderton made a most vehe ment protest and endeavored oven to the last hour of the session, when only half a dozen senators were present, to have that wrong righted without avail. In his speech made just before ad journment he didn't mince words in his criticism. He openly and boldly and repeatedly declared "there was something rotten," to use his exact words, in the whole transaction, and I his words were so pointedly aimed at the chair that he called the senator to order, adding angrily: "This thing has gone far enongh. " Senator Ilder ton concluded in a few more words, but he didn't take back his charge, but on the contrary repeated it and soon after left the chamber presuma bly for home, as there was nothing more to be done. After he left the handful of senators, not more than six, voted to omit all reference to this affair from the record. That is the record. We repeat it for the information of the people. This newspaper is not responsible for the insinuation of corruption made against the chair. It was made openly to the face of the chair and the senate by Senator Ilderton. We make no com ment on it The people must decide what they are going to do about it." John Gary Evans and Asbury Lati mer are fighting out an old grudge hav ing its origin in the palmy days of reform and we wish them both abun dant success. May they so fully suc ceed in paying off old scores that they will be, after the present campaign, retired to political oblivion. Florence is to be congratulated upon the completion of her water works system, but her citizens and taxpayers are to be doubly congratulated that the city owns, outright, the entire system and will derive all profit that he system may be enabled to earn as the city grows and the consumption of water by individuals increases. The constant bringing forward of the name of Mai. Michah Jenkins in connection with a possible presidential appointment to fill every vacancy that occurs in a well paid Federal office in this State is doing that gentleman no good. It creates the impression that Maj. Jenkins is on the political bar gain counter and will gladly accept any good job his friend the Rough Rider President may hand out to him. Farmers who have been running up big accounts on the strength of the crop prospect and the merchants who have been extending large credits and buying big bills for the fall trade on the same prospect are feeling sick these days. The drought has been playing havoc with the bright prospect and our crop optimists are realizing once again that a crop, is an uncertain thing to bank on until it has been gathered sold and the money deposited in bank. Pistol toters will now have to lay aside their revolvers or enlarge their hip poekets to accommodate a 20-inch gun. The Cooper anti-pistol law became effective yesterday. This law provides that: "From and after the first of July, 1902, it shall be unlawful for anyone to carry about the person whether concealed or not, any pistol less than twenty inches long or three pounds in weight, and it shall be unlawful for any person, firm or corporation to manufacture, sell or offer for sale, or transport for use or sale in this State, any pistol of less length or weight." Another political ideal has toppled from its pedestal, another ideal states man has uncovered his clay feet, re vealing to the public that he is after all, only an every day politician. Con gressman Joe Johnson, who announced some weeks ago that he had determin ed to remain at his post of duty in Washington at all hazards, that he would not return to South Carolina to scramble for re-election while Con gress was in session, has joined the squad of office hunters, and Washing ton knows his presence no longer al though Congress still sits. It was an nounced in a Washington dispatch several days ago, that Congressman Johnson had left Washington ? for his home in South Carolina and would not return before Congress adjourned, it being his intention to look after his fences in his district before the campaign party reached that district | in its tour of the State. RAGE RIOT AT OflMCEN. A Goodly Number of Negroes and a Few White Boys in a Row Sunday Evening. Sunday evening, just as the Sea board train rolled in, there came near being a serious race riot at the Sea board passenger depot. Solomon Bish op, colored, and Victor Gifford became involved in a difficulty, and from what we can learn, Bishop, who is strictly a "quality Negro," was the aggressor. As the trouble waxed warm, Eddie McRae, who works in English Bros., barber shop, and Bill Ellis, who works in McLain & Son's barber shop, pro ceeded to do the courageous act by going off and getting up a crowd to kill all of the poor white-, as was expressed by McRae. The result was that Victor Gifford was slugged a few times with the fist of some riotous negro, English Vaughan received a severe blow in his face with a flying brick-bat, and Charlie DuBose, a negro tailor, was shot in the arm. John Taylor came up a few minutes after the riot was quelled, and was I red hot for it to be renewed. He was promptly warned that if he batted his eyes, he would be dealt with as he de served. He is a very brave (?) scoun drel, but did not proceed to whip the handful of whitesfaround the depot. Warrants have been issued for Ed die McRae, Bill Ellis, Jim Brisbane, Abe Williams, Charlie DuBose, Solo mon Bishop, Joe McGirt, colored, and Mr. Victor Gifford. John Taylor, from what we can learn, should be in dieted also for attempting to incite a riot. The case will doubtless be tried in the circuit court, and the guilty parties should receive no mercy, Ellis and McRae specially should be taught a lesson that they shall not forget. Instead of calling a police, and trying to stop the row, they had to get up a crowd to intensify the feeling. A repetition of their act will prove very unwholesome. It is always the safer plan to appeal to the law than to at tempt to take the law into their own hands. Up to yesterday evening the follow ing participants in the riot had been landed safely in jail : Eddie McRae, Bill Ellis, Joe McGirt, Belton McRae, Jim Brisbane, Charlie Rhodes and John Taylor?the latter being referred to above as inciting a riot. John Bishop, Charlie DuBose, Aaron Williams and Julius Bishop are among those who are wanted. They have run off, but in all probability will be captured.? Camden Messenger m stimulate the TORPID LIVER, strengthen the ?:gestivo organs, regalate the bowels, and are un? equaled as an ANTI-BIUGliS MEDICINE, in malarial districts their virtues are w?ie?y recognized, as they possess recriar properties in freeing the system from that poison. Elegantly sugar coated. Teke Ito Substitute? The G?ttien Sog. It's a nickname they've given the dog on the label that goes on the Longman & Martinez Paint cans. House owners say that he's golden to them, for he covers the paint that lasts them longer and costs them less than thin paints or white lead. W B. BURNS, SOLE AGEN T, J Sumter - S. G. <, ?0 THE BOOKKEEPER : Do you want a flat-opening, patent, flexible-back Ledger, Journal or Day Book ? We can supply your needs in these particulars, And also all other needs in the way of Blank Books, Office Supplies and Stationery. We buy direct from the manu facturers; our prices are right and quality guaranteed. H. G. OSTEEN & CO. Liberty St. A PAINT SHOP kept by a practical painter of 30 years' experience, where can be got Lead and Oil mixed any color, also Eeady Mixed Paints and Paints for different use. such as Floor, Eoof, iron, Tar nishes, Bronze, Sandpaper, Put ty, Gold Leaf, Dry Colors, Calso* mine, etc. I want some work painting and upholstering. I will paint your house, Kalso mine or paper the walls cheap, for while at work I am very apt to find a Sofa. Rocker, or Sideboard that needs scraping and varnishing, also upholstered. I have some pretty colors in Morocoline, Hair Cloth, Mohair , Plush, or I may find a Car riage or Buggy that I will paint for ten dollars and give you a set of harness free, or paint the buggy for five dollars and no gift. Buggy tops $9.00, fitted on Wheels, steel tires, painted and put on ready for road, ! $10.00 per sett. Shafts, paint ed and trimmed, $2.00. Agent for Council's Self-lu bricating Axles. Office in Curtis House, No. 326 South Main street. H. B. OUETIS. Thone 196. I paint signs. Don9! Mim THE OPPORTUNITY OF A - A NOMINAL PRICE, We have put upon the r remnant stock of medium and high grade At priee? that will eateh yon? We are determined to ciear out lot at a price. Ladies' Waists and Embroideries are also attractions.