University of South Carolina Libraries
SESSHQERS SEMTEMSE TO GHAfMS&MS> Federal Judge Emory Speer Upon Habeas Corgns Writ Releases Matt Sentenced by Ma* con's Recorder. Says Svcb Impriseoeat is WitHoai Au? thority aid ?ucoastitutioaa!. Macos, Ga., Jone 28.-United Sta? tes District Jadee Emory Speer of the western division of the southern district of Georgia today rendered an opinion of far reaching importance, involving the authority of municipal courts all over the country to sentence violators of municipal ordinances to local chain sangs. The case came be? fore Judge Speer on a writ of habeas corpus applied for by Henry Jamison, a negro, for release from the custody of E. A. Wimbisb, superintendent of the Bibb county, Ga., chain gang. Judge Speer in a lengthy opinion decided that the superintendent was without authority to hold the prisoner and directed his immediate release. Ia passing upon the case Judge ] Speer called attention to the fact that the commitment from the recorder's irt "was a sentence and nothing more," and that there was no finding Of guilt or innocence by the recorder. Hg "The question involved," said Judge Speer, "is whether the recor? der of Macon can, without any sort of criminal pleading and without the intervention of a jury convict a citi ?jpzen twice for violation of a munici? pal ordinance and sentence Bim to seven months at hard labor on the public changang, the punishment to be suffered in a branch of the pen? itentiary." Continuing, he said: "Gan it Joe maintained in the light of the constitution that one man, un f'ii der any form of procedure devised or : to be devised by local legislation, can consign men, women and children to a chai ngang for such trivial offenses as are within the jurisdiction of a k poliee magistrate?" % . INVECTIVE INDULGED. Judge Speer severely scored the .. chain gang moth ods and said: "Indeed it may be with entire ac? curacy declared that the voluminous o and exhaustive preparation of the city attorney and the subsequent examina? tion by the court has evoked no shred of authority, either American or Eng? lish, where a sentence*by a police magistrate to a public chaingang, with O the ignominous accessorees of fetters, the stripes, lash and of the degrada-' j tion of convict life has been sustained or even palliated. Under the Ameri? can system the chain gang has no < place in the jurisdiction and procedure *:U of police courts where trial by jury is : not a right of the accused." Be then declared the sentence of the recorder void, for want of due process of law anc. because ene man cannot be judge of infamy. "Like thousands of oppressed and downtrod? den," he said, "through all the coun? tries since that glorious day in the history of the humin liberty when the great charter made forever imper? ishable the principle that fno freeman may be taken or imprisoned but by the lawful judgment of his peers or by# the mw of tb? land, ' he applied for the great writ or fight, the rite T)f habeas corpus, and he humbly seeks the portals of the court whose judges are sworn to know no differ? ence between the rich and the poor, where justice ever bends the listening ear to catch the piaist of the humble and the lowly. If," he said further, "the prayer of the petitioner must be denied, then the statute authorizing the United States courts and the judges thereof to issue the writ of habeas corpus io protect- the rights cf the citizen guaranteed by the nation? al constitution have at last been sue cessfally nullified." THE COLOR LINE. Jnd#e Speer declared that the argu? ment had been advanced by a road commissioner that while a sentence to the chain gang would forever ruin -a : white man previously respectable it had no such effect on a respectable ne? gro. He held that such considerations do not appeal to a court charged with the equal enforcement of the law, and he did not believe they met the appro? bation of the best people of the South? ern States nor were they conducive to / the welfare of the south or hopeful for its future. Judge Speer concludes with an ar- i gu ment made by him 20 years ago j and which he reaffirms. In this he j said that "though the color line ex-j pert may so declare, this is no color line case. It will be a white man, j aye white child and a white woman tomorrow. In this court the law is equal and for all." A Flourishing Business. A prominent actor tells this storry about two brother players and their experiences in a Maine temperance town. Feeling in need of alcoholic refreshment, they made application at the local drug stores, but were told that stimulants were sold only in cases of snake bite. The actors had about decided to content themselves with such refreshment as the town provided when they heard that a cer? tain resident owned a rattlesnake which he kep as a pet Securing his address, they called ou him and offer? ed to hire his snake for use in some scientific experiments. "Nothing doing!" answered the owner. "He's booked solid for four months ahead. "-Harper's Weekly. Chamberlain's Colic, Cholera and Diarrhoea Remedy. This remedy is certain to be needed in almost every home before the summer is over. It can always be. depended upon even in the most severe and dangerous case?. It is especially valuable for sumu ex disorders in children. It is pleasant to take and never fails to give prompt relief. Why not buy it nov? It may save life. For sale by China's Drug Store. C. P. Osteen, M. D. No. 18 W. Liberty St., (Over Osteeo's Book Store), SUMTER, S. C. AFRAID TEDDY Will WANT A THIRD TERM. Some Republicans Want Roosevelt to Abjure 1908. Washington, JUBP 2S.-^Now that President Rooseevelt has the Republi? can nomination and strong chances of election, there are several gentlemen in the party who profess concern shoat his intentions in 1908. It is hardly necessary to mention that they are the ivepnblicans who themselves have an eye on the nomination. Their hands were seenjn the manipulations at Chicago last week for the Vice Presidency. They are now setting about to secure some declaration from the President, if possible, that he does not intend, if elected in Nov? ember, to be a candidate again. If elected, Mr. Roosevelt will have bad seven and a half years in the White House. In 1908, strictly speak? ing, he would not have had the tradi? tional two term in office, all that any American has ever been honored with by the people. As no Vice President has ever succeeded to the office of President and then been nominated in his own right, the* question of his renomination" might become a very ear? nest one. His case wonld differ some? what from the case of Grant, and like? wise from the case of Cleveland, for whose selection as the Democratic candidate there is now considerable support By the time the next Repub? lican national convention meets Mr. Roosevelt will still lack several months of being fifty years old. Be will be in the prime of life, and should his administration contrnue^to be popular it would be a most potent factor with .the people and with his party. Might not his ambition impel him to seek still another term? ?That is what the Presidential aspirants fear, and even while the campaign is just beginning, they are talking among their friends how to obtain some pos? itive assurance on the point from the White House. They reason that if the President should get a re-nomination in 1908 it would blast all their Presi? dential hopes. In these strenuous times there is an age limit beyond which the people will not go in select? ing their Presidential candidates. Senator Fairbanks, who was hailed at Chicago by some of his admirers as the logical successor of Roosevelt in 1908 will by that time be fifty-six i yeaw of age: by 1912 he would be six? ty, but it would be a long time to wait ! and time does not always favor an as? pirants chances. Then there is the Secretary of the Treasury, Mr. Shaw, who is known to have the Presidential bee. It will be remembered that be stuck closely to last week's convention at Chicago, kept himself much in the view of the delegates, and had an eye ont for everything going on that could have a bearing on the contest four years from now. The Secretary is now al? most fifty-six, but by 1912 he would be sixty-four, an age probablfy too advanced for a presidential nominee. Senator- Foraker is one of the emi? nent Republicans interested in the question, for he, too, bas* been spo? ken of in connection with the Presi? dential office, and is known to cherish some ambitions in that direction. By 1908 he will be sixty-two, and could have little hope of winning a nomina? tion at any convention subsequent to that Gov. Odell, of New York, who is said to be inflicted, with a Presiden? tial longing more than any of the others already mentioned is now fifty ! years old. He is known to view with impatience any prospect that ' the lists might not be open before 1912. He would still be eligible as I to age, bot next January the Gover j nor goes out of office. Ex-Secretary Boot is '?o loyal to ? President Roosevelt tc have a hand in any efforts to ascertain his inten? tions as to the campaign of 1908. Mr' Root L-d often been spoken of as a fa? tras Presidential possibility. He is an older man than he looks, being now several months past fifty-nine. He wonld hardly be eligible after 1903. While the movement to ascertain the President's intentions is still in embryo, enough has been heard to in? dicate that the question will be pres? sed to the front by the Republicans mest interested. They will move, of course, under cover, but with no less determination on that account "Fewer gallons; wears longer; Devoe. When bilious take Chamberlain's Stomach and Liver Tab ets. For sale by China's Drug store. Not His Own Time. Charles M. Schwab, on the day hp sailed.for Europe on the Kronprinz Wilhelm, said that he believed Amer? ica offered to workingmen more Op? portunities than any other country. ' "Theworkingman, though," he ad? ded, "must be of the right kind. He must not belike the Greek I heard of recently. "This chap, having come to Amer? ica, secured a good laboring job fat $11 a week. But he did not get on well. He was continually afraid of doing more than he was paid for. "They say that a gentleman, pas? ting one day the new building tbe Greek was working on, saw him lying on his stomach on the sidewalk. His face was pale ; a succession of loud groans arose from him. M 'What is the matter with that fel? low?' the gentlman said. "An Irishman replied that be was sick " 'Well,' said the gentleman, 'if he is sick why* doesn't he go to the hospital and get some relief?' "Tbe Irishman laughed scornfully. " 'Do you think he'd go to the hos? pital in his dinner hour?' he said." The pill that will, will fill the bill, Without a gripe. To cleanse the liver, without a quiver, Take one at night. Dewitt's Lit le Early Ri ers ara small to take, easy and gen* le in effect, yet they are so certain in repul?a that DO one who u-e? the* is disappoiiited. For quick rel.et from biliousness t>icfc headache, torpid I liver, jaundice i-izz.ness and all t?*oub e- j arising from RM inactive, sluygi-h iiv?r. Early Risers are uueqnaled. Sjid by (). B. Davis. -wu- - Hunt's Round Pointed.Pens for sale i at Osteen's Book Store. Prospective Demands of Japan. It has been comparatively recently that Russia was announcing to the world at large that at the close of the war that is nc w being waged it would exact its full pound of flesh, and would brook no outside interference or advice ia regard., thereto.-. W.e remarked at the lime that seth utterances inevita? bly suggested the preface to the an? cient culinary receipt-"first catch your liare, etc,"-and the proof of our provision is found in the fact that the national pres? is calmly discussing at present wha; demands Japan will make at the'conclusion of hostilities, as though utterly oblivious to the pos? sibility of Kassia having any "say so" in the metter. It is not " often tbt a conquering nation reaps! the full benefit of her victory. A Peace Congress, composed of representatives of all the other pow? ers, are very fond of dividing out among themsc Ives the fat and fragrant chesnuts, while kitty is licking her singed paws. Japan, however, has had one such experience and is not, therefore, liable to make any mistake this time. When she defeated China she saw Russia and Germany quietly appropri? ate the fruits of her victory. And the ?Congress of Berlin also stepped in tb prevent Russia from bleeding the Turk too freely in 1878. On the other hand Germany was given an unobstructed hand in regard to France in 1871, because her territo? rial acquisitions were formerly Teu? tonic, and, hence, her terms were con? sidered moderate, as were those that we imposed upon Spain in 1898. Japan, therefore, will in all proba? bility restrain herself, if the victor, sufficiently 1:o give neither Germany nor France-of whom alone she has cause to be suspicious-any grounds for interference. If she doe;; this, backed by the ad? vice of John Bull and the sympathy of Uncle Sam, she can reasonably look to hiving her rational terms ac? cepted without pour parlors.-August Chronicle. THE SUMMER GIRL. Dear little summer girl, pretty and sweet, Dear little summer girl, dainty and neat, Dodging the freckles and courting the tan, Falling in lore with most any old man, Having the time of her life, while she can. * Dear little immmer girl, reckless and pert, Dear little immmer girl, what a flirt! Spending dud's money on ruines and lace. Marry? yes ; he'll have a ten-a-week place Then there's an end to the summer girl pace. -Cleveland Leader. A Great Ruler. One of the greatest of rulers is the liver. It governs thti haman organism. When the liver is oat ol: order the whole system be? comes diseased. Keep your liver healthy by using Rydale's Liver Tablets. They care all liver trouble. They cure constipation. Your money back if they do not give sat? isfaction. All dealers. J. J. Hill stands high as aa indus? trial- and economic authority and what he has to offer on these subjects is well worth attention. General busi? ness, he says, is contracting. It was first appartint, and is now most evi? dent, in manufacturing enterprises, ^he railroads are public carriers, and if the public has nothing to carry, the railroads can do no business. As trafile decreases they must mark up their rates or lose money. Wages must go clown, and working forces be lessened. The railroads are drop? ping men because there is not work enough foi all of them. The whole question falls back primarily upon decreasing business and the reason for it. The principal one is that the de? mand for the products of the United States is not now commensurate with the supply. Brutally Tortured. A. case came to light that for persistent and uumerc.ful torture has perhaps never been equaled. Joe Golobick of Colusa, Calif, write3. uFor 15 years I endured insufferable pain from Rheumatism and nothing relieved me thoagh I tried every? thing known. I came across Electric Bitters and it's the greatest medicine on earth for that trouble. A few bottles of it completely relieved and cured me." Just as good for Liver and Kidney troubles anl general debility. Only 5 >c. Satis? faction guaranteed by J. F. W. DeLorme. Pittsburg, June 29.-Over 500 homes, b asi ness houses and school houses, a short distance from Pitts? burg on the Panhandle railroad, were inundated in from two to ten feet of water in Robinson Run Hollow and the Chartiers valley by the cloudbu-st there last night. Many buildings and bridges W3re washed away, horses and cattle weie drowned and at least one life was lost. The loss amounts to $500,000. The Murchland sisters, who conduct a millinery store at McDon? ald, nanowly escaped death in the flood. Their store was washed from its base vi th the three women in it They were rescued by Charles Came roo, who waded out to the building and carried out the sisters one by one. - - ? m -- Nervous Ihspepsia Cured by Rydale's Stomach Tablets. Mr. R. E. Jones, buyer for Parker & Bridget, whose large department stores are located at 9th and Penn Ave., Wash mgton E?. C., writes, under date of April 14, '04, cs follows: Last February one year, while in New York on business for my houso, 1 caught a severe cold, which laid me up for several weeks and left me wewk and neivoas. I had little or no ap? petite and my digestion was very poor, my physicians could not get at the cause of my trouble as my digestion seemea so much impaired. I decided to try Ry? dale's Stomach Tablets, being assured by a friend they were good dyspepsia medi? cine. After u?ing them for a few days I beg^n to realize that I was getting better. I gave ap the doctor's prescription and Have gained 20 pounds while using two boxes ol' these tablets. I never felt better in my life, and acciedit Rydale's St ?mach Fablet* with rmving cured me. I can re commend them mo^t heartily, to sufferers from nervous indigestion and genera! run? down condition* ot trie system. All dealers. OUGHT TO BE ABOLISHED. Thia I? What Judge Purdy Says of the Office er Court Crier. Btmiiiftttsville, June29.-Court last? ed only two days tt:is week. Two negroes were tried for stealing bicy? cles and another for cutting a white boy. The work might have been fln .tatred^Mojiday had not -some of the witnesses faffatf 'to c?tame till-ti?T sheriff was sent willi bench warrants for them. One of them was brought in Monday afternoon and said that he forgot the day for Court. Judge Purdy sent him to jail for the night, ami remarked that he thought the offi ce* ?>f Court crier ought to be abolished. "It causes confusion in the Court/1 said the Judge, "and is largely responsible for the failure of witnesses and jurors to be in their places. Every man who has business in court ought to bw here without having to be call? ed." CLEVELAND THE FAVORITE. Gorman is Said to Favor His Nomination. Washington, June 29.-The betting here to-day is that Grover Cleveland will be the Democratic presidential nominee. Gorman recently told a friend that he disliked Cleveland personally and politically, but under the circumstances he would support him, as he is the only man that can win. Gorman said that Cleveland would carry Maryland; Delaware, New Jersey. New York, Connecticut, Rhode Island, and possibly Massa? chusetts, while the South would be solid for him. Millions of investment capital from the North has poured into the South during the last few years. The men who' are furnishing the money have taught the South that Cleveland is the strongest man in the party. The business interests of the whole country are for him. The change of sentiment to Cleve? land is the result of a conference here between Gorman, Smith, of N*w Jersey, McLean, Guffey and others, when it was decided to pnt Cleveland before the convention and support him to thp last. Gorman thinks Parker will never receive over four hundred votes in the convention and many of these will eventually go to Cleveland. stimulate the TORPID strengthen the digestive regulate the bowels, ami c.;uaied as an are ur .NT2-3?L10US MEDICINE, In ??ia?aria! districts their v-Ttaes art widely recognized, as they posses: peculiar properties >a .rc?inv; ir ? System from that puicc^. Eb?* nt!; sugar coated. *k& No Substitute? - Glean Springs Railroad Schedule. DAILY EXCEPT SUNDAY. EFFECTIVE JUNE 1, 1904. Lv Glenn Spgs. fl 00 amlLv Spartanb'g 4 10 pm Ar Roebuck 0 35 am Ar Roebuck 4 35 pm Lv Roebuck 9 45 am Lv Roebuck 3 35 pm Ar Spartanb'g 10 00 am Ar Glenn Spgs. 5 25 pm H. S. SIMPSON. President. CHJUHESTEfl'S K.NGL1SH EN KYBO YAL PILLS "_Olicbud and Only Genuine. \SAFE. Alway, reliable. Ladle?, uk Dru?irirt 1 for CHICHESTER'S ENGLISH I in KZD and Gold metallic boxes, sealed [with bloe ribbon. lake no other. Refuse I Itamrcrona 8ab*titutlona and lmlta* tiona* BOT of jour I>-n?jrl?t. or ?end 4c. in .tamps for 5>.?rtl?-..larr. Toatlmonialf \t? ES" and "Relie, far Indien," in Utter, by ??e -A. L* UnMtdl. 1 ?.0<iO i-.timoaialii. S<>>4 bj ~"-"{ ?M Draggteu. 4blrh??ter Chemical Oa VMMD thia pat>?r *r)??*f?. ? ??n 5J?A. Tie Largest anil Most Complete t Geo. S. Hacker & Son, -MANUFACTURERS OF DOORS, SASH, BLINDS. Moulding & Building Materia]. .fice and Wardrooms, King, opposite Cat non Street, CHARLESTON, S. C, PUTO?-V?? onr make, which we gaaraate superior to any sold Sooth, and tbcrebv ???ve money Window and Fancy Glass a Specialty October 16--o $100,000.00 Capital, THE FUST NATIONAL BANK of Sumter, S. C. THE Comptroller of the Currency hav? ing approved the inorease of the Capital of this Bank to $100,000.00, depositors now have as security for their deposits : Capital, - - $100,000 00 Stockholders' Individual Lia? bility, - - - \00,000 00 Surplus and Undivided Prof? its, - - - 25,000 00 Total Security for Depositors, $225,000 00 ONLY NATI0NLA BANK Ih CITY OF SUMTER. Largest Capital of any Bank in this section of South Carolina. Strongest Bank in Eastern part of this State. Interest allowed on deposits to a limited amount. BOARD OF DIRECTORS. A. J. CHINA, President. NEILL O'DONNELL, Vice President. H. D. BARNETT, R. D. LEE, G. A. LEMMON, JOHN REID, E. P. RICHER. R. L. ECMUNDS, Cashier. R. D. LEE, Solicitor. BOOKKEEPERS. J. L. McCpJUna, D. J. Winn, Jr. Oliver L. Yates. i?Vfcgetable Pr eparalionfor As? similating ?icFoodandBegula ling the Stomachs and Bowels of LrVFAN TS ft HILDKEN ? Promotes Digestion.Cheerfur nessandRest.Contains neither Opium,Morphine nor Mineral. NARC OTIC /?tape afOUJOrS?MUELP?TCHER Pumpian Seed' x ?bcSoma * J BotkdU&?t- I Jhfpernwtt - ) Mn?Se*d~ \ Clarified Sacor A perfect Remedy fcrConstipa ?ion, Sour Ston^h.Diarrhoea Worms .Convulsions .Feverish? ness and Loss OF SLEEP. Facsimile Signature oF NEW YORK. For Infants and Children? \ The Kind You Have Always Bought For Over Thirty Years Southeastern Lime & Cement COMPANY. CHARLESTON, S. C. Building Material of all kinds. High Grade Roofing "R?BER?ID." mr Feb 2 o WHISKEY HABIT. MORPHINE HABIT. CIGABETTE HABIT. ALL DRUC AND TOBACCO HABITS. Cured by Keeley Institute of S. C. 1329 Lady St., (or P.O. Box 75) Columbia, S/C. Confidential correspondence solicited SOUTHERN RAILWAY SCHEDULE Effective Apr. 17, 1904. Read down No 142 No 140 No 141 2 15 pm 7 00 am Lv Sumter Ar 9 15 am 11 40 am Ar Charleston Lv 3 20 am 11 40 am Ar Columbia Lv 7 20 am 12 30 pm Ar Augusta Lv 6 10 am 10 55 pm Ar Atlanta 1055 Lv 10 55 11 45 am 6 30 am Ar Birmingham Lv 5 20 8 30 pm ll 10 am Ar New Orleans Lv 12 35 am 3 30 pm Ar Spartanburg Lv 3 30 1*30 am 4 55 pm Ar Greenville Lv 4 55 7 15 pm Ar Asheville Lv 8 15 pm Ar Louisville Lv 7 30 pm Ar Cincinnati Lv 6 00 pm Ar Camden Lv 8 35 pm Ar Kock Hill Lv 9 40 am Ar Charlotte Lv 0 45 am Ar Washington Lv 4 15 pm Ar New York Lv Read up No 143 5 45 pm 7 10 am 310 pm 6 55 am ll 45 pm 4 10 pm 9 20 am 10 35 am 9 40 air 7 05 am 7 40 ain 8 SO am 2 00 pm 9 25 an: 8 10 a^i , 9 50 pra 3 25 pm Trains 142 and 143 make dose connection at Somier Junction with 117 going Noten via Camden and Bock Hill, and No. 118 for Charleston and Atlanta via Aagusta or Co? lumbia. Trains 140 and 141 make close connection at Ringville for Charleston and Colum? bia, and at Colombiawiin solid Pullman trains composed of elegant Dining Cars, Pull man^Compartment, Club Library, Observation and Drawing-room Sleeping Cars io and from Northern and Western points. For full information or reservations apply to any agent or address S. H. Hardwick, C. H. Ackart, General Passenger Agent, J. H. Clack, General Manager, / Washington, D. C. Agent, Washington, D. OL W. H. Tayloe, Sumter, S. C. R. W. Hunt, Assistant Gen. Pass. Agent, Division Passenger Agent Atlanta. Ga. Charleston.S. C. Effective June 5, 1904. Passenger Trains arriving and leaving Sumter. Train 35 Florence to Augusta Arrives 5 15 am " 54 Columbia to Wilmington " 8 10 am " *57 Gibson to Sumter 44 9 20 an? " 52 Charleston to Columbia and Greenville ~I Leaves 9 21 am 44 46 Orangeburg to Charleston (Tuesd^Thured^Satnrd'y) 44 9 25 am " 53 Greenville and Columbia to Charleston ** 6 20 pm 44 32 Augusta to Florenoe 44 6 30 pm 44 *56 8umter to Gibson 44 6 50 pm M 47 Charleston to Orangeburg(Tuesd,y,Thursd,y,Saturd,y) " 8 15 pm M 55 Wilmington to Columbia 44 9 25 pm Freight Trains carrying Passengers. Train *24 Sumter to Hartsville Leaves 10 00 un 44 *19 Florence to Robbins Leaves 1 00 -pw 44 *20 Bobbins to Florenoe Leaves 4 30 pu 44 *25 Hartsville to Sumter Arrives 7 40 pm Arrives Leaves Northwestern Kailway. Train *70 Camdan to Sumter 44 *71 Sumter to Camden 44 *68 Camden to Sumter 44 *72 Wilson Mill to Sumter 44 *73 Sumter to WilsonMill 44 *69 Sumter to Camden Trains marked * daily except Sunday ; all other trains daily. For further information, apply to J. T. CHINA, Ticket Agent A. C. L. 9 00 au 9 36 am 5 45 pm [Arrives 12 30 pm Leaves 3 00 pm 44 6 25 pm JOB PRINTING First class work and good material. I do good work ?S cheap as possible, but do not make a spe* eiaky ol' oLeap work. N\ Gk OSTEEN.