Historical Newspapers of South Carolina

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? r*? StfaiTS? WATCHMAN. JCatabliahed April, 1850* ' "3e Just and Fear not-Let all the Ends thou Aims t at oe tay Country s thy God's and Truth's." THE TB?X SOUTHRON. Established -June, 13? Cesolidated Aug. 2,1881. SUMTER. S. C.. WEDNESDAY. AUGUST 30. 1905. New Series-Yol. XXY. No. 6 Published Svery ^"e&aesday, CSTEEN PUBLISHING COMPANY, SUMTER, 8, C. ?r TERMS : W fl 50 per ano am-in ad vasse. iOTIlfllllllf! O ie Square first insertion.................$1 CO E yarr subsequent i osertion........ ......... SO Coatracfc for three months, or longer will b made at reduced rates. Ail coffisiuoieauons which subserve private # ia teres ts will be charged for as ad versements. Obituaries and tributes of respects will be saargedfor. M URE FLUSIEP. - ^ATTORNEY GENERAL GUNTER teT" ACCUSED OF GRAFTING The Dispensary Investigation Becom? ing Real Interesting-Some of the Secret History Coming to Light. - Columbia, S. C., Aug. 25-The dis investigating commission ap? peared to be using a steam shovel at yesterday morning's session, so rap? idly did the> sensational revelations come involving prominent persons and officials. otk Ex-Commissioner Mixson again ^ stood out this morning against giving up his letters from Kelly & Company, but weakened as the order was passed toning him over to the marshal to be placed in jail until he purged him ga self of contempt. He turned the let - ters over to the chairman. They are to be canvassed by Messrs. Spivey,? and Gaston before coming out in the evidence. It is thought they involve only one member of the board, refer? ring to conference with him at points in other States, -but affording no def p. initely incriminating facts. This business being over Messrs. Lyon and Christensen's sub-commit . tee held a session, which was full of interest from the jump. Ex-Chief Constable J. R. Fant gave evidence portraying the existence of jb a machine in Spartanburg, "run on ^ the Mark Hanna plan," with Lawyer William McGowan in charge in Spar? tanburg, and U. X. Gunter, then as? sistant attorney general, in charge of the Columbia end of the line. Wit? ness said Lawyer C. P. Sims, of Spar? ?tanburg, told him McGowan tried to get Sims to go in with him on the deal to get constables appointed who would be willing to give up $20 of their $60 a month salary. Witness said he could give names of responsi? ble witnesses to show that at one time ? McGowan had twenty-eight such ap ^ plicants on the string from whom he was receiving from $25 to $50 for promises of positions as privates, and $250 to $300 for jobs as chiefs. He says that he wrote Governor Mc - Sweeney advising him of the existence W of the machine and giving him the details as to how it worked, and that while this letter was not answered he supposed McGowan got a warning, as the machine suddenly ceased to oper? ate. He says that after this purchas? ing of jobs began the number of div > isions with chiefs was run up to seven from two. Witness said he knew nothing of Mr. Gunter's connection with the machine except from what Rudisil of Spartanburg said. While witness was talking to Rudisil, Marion Goss came up and complained that McGowan had charged him $25 for his Influence for a place as constable, when Rudisil remarked that this was cheap, as Gunter had charged him $225 for a*place on the Spartanburg board. Witness said he would hand to the commission the names of oth ?t ers who would testify as to telling him of Gunter's connection with the matter. Witness said he came upon fhe machine through the effors put forth by Constable S. T. Howie to buy wit? ness's place for $225, through W. W. Harris, then chief dispensary clerk in Governor McSweeney's office. Bob Floyd had told witness tha he had loaned Howie $175 toward this pro? ject. He sent McGowan an offer of $300 to hold up in his favor, and this was done, but the machine was broken before it became necessary to pay. He arranged with McGowan through B. L. Toland. McGowan is Gunter's Spartanburg law partner. Witness said he had turned the matter over to Representative George E. Prince, of Anderson, but that Prince backed out of having the rot? tenness aired in the legislature. Then he says he reported -'ully to Senator Tillman, who answered that the thing should be probed to the limit and to that end he had turned his letter over to his nephew, Lieut, J. H. Till? man. When he saw Jim Tillman a little later in Spartanburg, Tilln said he got the papers, but did no ing. Witness said he also reported Governor Mcsweeney. Witness next related how W. Diilingham, of Spartanburg, came ; him and assessed him $50 for an I leged campaign fund in the inter j of Governor Heyward, who was tl completing his first race. Dillingh ?said that $1,080 had to be raised a j that Fant's share was $50. Dillingh; ?also assessed private constabl j among them Joe Seay and Ewban Witness exonerated Governor H< ?ward from any knowledge of bei connected with the Spartanburg n chine, saying Heyward on learni of Dillingham's conduct broke w: him telling Fant he had never auth< ized Diilingham to incur any exper or make any assessments for hi He aid Governor Heyward told h that any expense incurred by him Spartanburg was to be paid by IV W. A. Law of the Central bank the: Mr. Diilingham sworn, said that made no assessments against 3/ Fant or anyone else and had sa nothing to him about any $1,080. ] admitted getting $40 from Joe Se* $50 from Fant and about the sar from Constable Drake. He said th Governor Heyward while in Sparta burg arranged through Mr. Law at ti Central bank for witness to tal charge of his campaign in Sparta burg, Mr. Law being authorized meet the expense, which he did the extent of $600 to $700, for all which he had checks to show. I said he was offered good money get Fant's job for others, a numb? offering him $200 to use his influem in this direction. He said the amoun required of Fant and ohers were 1 pay his expense on trips down to .C< Iumbia in their interest. Beer Dispenser Huseman, of Spa: tanburg, was put up at his own r( quest to give him an opportunity t "correct" his testimony given at Spai tanburg in which he said that he ha turned over a package containin $275 in bills to Chairman Charil Smith of the county board to get B. 1 Toland a simiar job. He ac mitted getting. such a packag from Toland, but says h merely left it on the table in h: beer saloon where Smith was sitting He admitted going to Toland z Smith's request. He admitted raisin money on a trip to Columbia in the ir terest of the fund to buy the Spartan burg Journal, but denied that h took William Elliott, Jr., for a whis key man and told him he was th very man he wanted to see. He sai Hub Evans refused to have anythin to do with the campaign fund. He de nied that he paid $600 for influenc to retain his place. Constable Joe Seay put up, corrob orated the evidence given by - Chie Fant. He said after he carried hi box all but three out of nearly 20 < votes for Heyward, Russell Gaffne: having told him while he was working for Heyward that his expense woub be paid by Diilingham. He after ward met Govrnor Heyward axu had a pleasant chat with him. La? ter Diilingham voluntarily offered t< get him a place on the force, bul refused to accept anything for trips J to Columbia. Later, however, Dill Ingham told him that he had beer at expense of some $500 in the inter? est of Heyward and that he thought the constables should pay it. He pul his assessment at $40, which h? paid by note, the note being met by small monthly payments. The Kelly-Mixson letters have not yet been read by even all the mem? bers of the commission and their contents are not definitely known, but according to statements made by those on the outside who have read them they refer merely to confer? ences between Chairman Evans and members of the Kelly firm in At? lanta, Chattanooga and other places and at one point mention is made of arrangements having been made with him. In nearly all of the letters the agent ie told to personally solicit the members of the board. Mr. U. X. Gunter, Jr., who is now attorney general, has been quite sick at the Columbia hospital with fever for several weeks. Mr. W. H. Towns? end, the assistant attorney general, was asked for a statement in behalf of Mr. Gunter and gave the follow? ing interview which he had with Mr. Gunter: "The hearsay statement of the wit? ness Fant was shown Attorney Gen? eral Gunter at the Columbia hospital this evening; and he said it was most infamously false that he had ever asked, received, expected or wanted any compenation for aiding anybody anywhere to obtain a posi? tion or office connected with the dis? pensary or any other governmental agency. Why his name should be connected with such statements he cannot conceive. That he has never importuned any of the governors for such favors, as will be borne out by the governors themselves. No truth? ful man can be found who will say that he ever paid him anything. Of course, his name may have been hawked without his knowledge by de? signing persons; if so, such person should, and must be, held accounta? ble, and he intends to use every effort to find out if such is the case, just as soon as he is able to leave the hospi? tal." MIX SON'S LETTERS READ. Columbia S. C., Aug. 25.-The dis? pensary committee this morning read the letters of J. W. Kelly & Co. to F. M. Mixson, the local representative, any importance was that members of the board and dispensers and push? ing their goods. The only thing of any importance was that mmbers of the board had received complimen? tary bottles marked "Mineral Water." Col. W. R. Richardson, of Barn? well, testified that an unknown man had told him that he had offered Mix son, then commissioner, $66,000 a year in rebates. Colonel Richardson die' not know who this was. Chief Clerk Charles was then put put on the stand and testified about whiskey drummers coming through and pushing their goods. McCaw. Columbia, S. C., Aug. 25.-As the morning session of the dispensary in? vestigation was drawing to a close rather listlessly a surprise was sprung In an entrely unlooked for tilt be? tween Senator Cole L. Blease, of Newberry, and Representative J. Fraser Lyon, of Abbeville, which would have resulted in a personal en? counter, but for the fact that Chair? man Fraser stepped between the two men and prevented them from com? ing to blows. Mr. Lyon was examining Secretary Charles of the dispensary directorate, when Senator Blease moved to ad? journ on the ground that the stenog? rapher, who was sick, had been on duty four hours and a half. Mr. Lyon took exception to this in a mild sarcasm about his being rn the hands of the committee when Chairman Fraser asked him if it would be agreeable for him to sus? pend. "I intended nothing personal by my remarks," said Senator Blease, rising. "The chairman himself will tell you that it was at his suggestion that I made the motion. If I chose to make any personal reference to you," he added, "it would be plain enough for you to see." "Yes, and when you do It, I will smash your face," Mr. Lyon called back, shaking his fist over Chairman Fraser's shoulder. "You won't get a chance; you will never get to me," reiterated Mr. Blease. "I know you carry your pistol with you, but that makes but little differ? ence," said Mr. Lyon. Senator Blease raised his coat tails and insisted on the marshal search? ing bim for a weapon, saying at the same time, "I have no weapon, but I meant I would kill him before he got to me." The room w?s crowded and the men were prevented from getting to each other. There has been bad feel? ing in the commission for some time. McCaw SUMTER" SOME'S HEXT. DISPENSARY COMMITTEE MEETS HERE SEPTEMBER 5TH. Nothing Seriously Wrong, But There Is a Bunch of Graft to Be Worked Up In Surrounding Country. I Columbia, S. C., Aug. 26.-The next meeting of the dispensary investigat? ing commission will be held in Sum? ter, beginning Tuesday week, when Messrs. Lyon and Christensen's sub? committee will have another session to further probe Into the affairs of the sub-dispensariee. There is nothing wrong particularly at Sumter, but this is regarded as the best and most cen? tral point for working on a bunch of graft that is to be laid bare in that section of the State. It is likely that some witnesses will be summoned from Charleston, but this has not not been definitely decided. McCaw. Mayor R. G. Rhett, of Charleston, has been elected president of the American League of Municipalities, while Mayor W. D. Morgan, of Georgetown, was made treasurer, at the annual meeting in Toledo, Ohio, this week. PEAGE AT LAST. ENVOYS OF JAPAN AND RUSSIA KEACH AN AGREEMENT. Announcement Made Shortly After Noon Today-The Formal Treaty of Peace Will Now Be Drafted. Portsmouth, N. H., Aug. 29.-The envoys announced shortly before 1 o'clock that they had reached com? plete accord on all points and that a treaty of peace will be drafted. ARMISTICE TO BE ARRANGED. Portsmouth, N. H., Aug. 29.-Japan and Russia have today agreed to sign a treaty of peace as soon as the details can be completed. An armistice will be arranged at once. The envoys at the meeting this morning arrived at a complete accord on all questions in dispute and announced at 12:30 that they would at once proceed to the elaboration of a treaty of peace. Japan absolutely waives demand for cash indemnity. This was in accord? ance with the discussion reached by the statesmen in Tokio yesterday. The official announcement of this happy result was given to the Pub? lishers' Press by one of the Russian secretaries. It is official and is as fol? lows: In the session of this morning, August 29, the conference arrived at a complete accord on all questions, and it has been decided to proceed to an elaboration of the treaty of peace. The conference adjourned till 3 o'clock this afternoon. Russia Gains Her Point. Portsmouth, X. H., Aug. 29.-M. Witte announced upon his arrival at the hotel that peace had been agreed upon. He said that under the agree? ment Russia was not to pay a kopeck for indemnity, and that instead Sak halien was to be divided. "PEACE WITH DISHONOR." Portsmouth, N. H., Aug. 29.-The Japanese correspondents at the hotel are almost in tears. They declare that it is "Peace with dishonor," ana say their country will be wild with indignation tonight. Cable dispatches have been sent to Tokio and St. Pet? ersburg announcing the peace agree? ment and urging the ordering of an armistice at once. It is 'understood that decrees to this effect will be is? sued within a few hours. THE DISPENSARY SCANDAL. Latest Developments at the Capital of the State. Columbia, Aug. 27.-Chairman Hay will be asked to call the next meeting of the dispensary investigating com? mittee in Sumter on Tuesday, Sep? tember 5. This request will be made for the convenience of the witnesses and not because Sumter has been found to be one of the foci of dis? pensary scandals, like Spartanburg. The sub-committee on the manage? ment of county dispensaries has a number of witnesses from the Pee Dee section of the State, and it was thought best to have the hearing in Sumter. There has been only one witness summoned from Sumter thus far. There may be witnesses from Charles? ton, or the committee may decide to hold a session in Charleston, as it is reported that there are likely to be some interesting events IR connection with the Charleston situation. It has bt-en suggested that an effort is likely to be made to have the committee hold up, on the ground that it nas shown enough for the public to kno-v -tvhat is what, and because further de? velopments may inju/e the fair name o? the State . This is a mere suggestion and will hardly meet with the approval of the committee, which was appointed to probe to the bottom. Kingstree has organized another bank with $25,000 capital, to be known as the Bank of Kinggstree. T. Y. Cox, an operative in the Bel? ton Cotton mill, shot and killed him? self Thursday with a pistol which he thought was unloaded. Mr. David F. Houston, a former Darlingtonian, has been made presi? dent of the University of Texas. He graduated at South Carolina College in '87 and later went three years to Harvard. The widow of J. T. Morrison, of Kershaw, through her attorneys, has instituted suit against Lancaster county for $50,000 for her husband being lynched in the county. County Supervisor Boyd, of York county, on Saturday ordered that an election on the question of dispensary i or no dispensary be held on Tuesday. September 26th, 1905. BRICE LfiW TO BE TESTED. JUDGE TOWNSEND ENJOINS THE CLOSING OF GROG SHOPS. Legality of Recent Election in Union and Constitutionality of the Stat? ute Are Both Brought Into Question. Union, S. C., Aug. 22.-Judg'i Townsend today issued the following order: "It ls ordered that the defendants do show cause before me at my chambers at Union, S. C., at il o'clock on the 6th day of September, 1905, why they should not be perpet? ually enjoined from closing the dls I pensaries as a result of the recent election held on the 15th day of ! August, 1905. That the said defend? ants are ? hereby restrained and en? joined from closing and ceasing to operate said dispensaries until ?he further order of this court. "Let a copy cf this order be served with the summons, complaint and af? fidavits upon each of the defendants herein. "D. A. Townsend. "Circuit Judge. "At Chambers, Union, S. C., 22nd August, 1905." By the issuing of the above quoted order, a delay has been put on the carrying out of the wishes of the vot? ers of Union county, as expressed in the election held Tuesday, August 15th, when they declared by their ballots of "dispensary" 412 and "no dispensary" 761 that they wished thc dispensary to go. ? The action was brought by W. Boyd Evans and Lawson D. Melton, attorneys at Columbia, and the com? plaint covers ll pages of closely type? written matter. No interference was made in the declaring of the election by the elec? tion commissioners, as had been an? ticipated; but about 4 o'cl?fck the at? torneys appeared before Judge Townsend and secured his temporary injunction on a complaint made by Carrie Barnett, a well known farmer of the county, living near Buffalo. The defendants are R. M. Fincher. Elzie Kelly and W. D. Wilkins, county board of control, and G. C. May, J. G. Howell and J. R. Askew, county dis? pensers. Under this complaint Mr. Barnett alleges that he is a taxpayer, resident citizen, and qualified voter of Union county; that the defendants named have under their custody, con? trol, management and direction three dispensaries for the sale of intoxicat? ing liquors in this county. That by virtue of an alleged act of the gen? eral assembly entitled "An act to amend section 7 of an act entitled 'An act to prvcide for the election of the State board of eontrol, and to further regulate the sale, use, consumption, transportation and disposition of in? toxicating and alcoholic liquors or liquids in this State, and prescribe further penalties for the violation of the dispensary law, and 'to police the same,' " approved March 6th, 1S96, and as amended by the general as? sembly of South Carolina at its regu? lar session in January, 1904, and approved February 25th, 1904. T. J. Betenbaugh, county supervisor of Union county, ordered an election to be held, submitting to the qualified voters of the said county of Union the question of "dispensary" or "no dispensary." on the 15th day of Au? gust, 1905. That the election was held on the day prescribed, and the county board of commissioners have today declared the result in favor of "no dispensary;" that said county board of control and dispensers have threatened and declared their inten? tion to close the said dispensaries and cease to operate the same, claiming it is their duty to do so as the result of the said election. The Grounds. This the plaintiff alleges would be unlawful, unconstitutional and void. ?on the following grounds: (a) That this section 7, as above cited, is m direct violation of the con? stitutional inhibition contained in article 3, section 34, clause ll of the constitution of South Carolina, 1905. That said section is an attempt on the part of the general assembly to j pass a special law to limit the opera- j iion of the dispensary law to certain ', special .localities, and the act being deprived of its character as a general law becomes a special or local law. That the election being made under said section is illegal ant7 -oid. (b) That by virtue of article S. sec? tion ll of the constitution of 189.">, the State cannot delegate to its citi? zens any special localities determined by their votes as to whether they shall be subject to the exercise of the said police power regarding the man? ufacture, sale or prohibition of liquors or beverages. (c) That the act popularly knowr? as the Brice bill is unconstitutional, as the general assembly failed to pro? vide for the holding of elections at which time such questions as "dis? pensary" or "no dispensary" can be submitted to the people, and has failed to prescribe the manner io which such election shall be held anc? results ascertained. (d) That under the general elec?oo law the election should be held tire first Tuesday following the first Mon*' day in November, 1896, and each seo ond year thereafter; that if it shoul<3 ?e held under this. law such special questions as "dispensary" or "BO dispensary" should he submitted to the people, then such election coule? only be held the first Tuesday of No? vember, 1906, and that T. J. Beten baugh had no authority to order saicl election for any other time. (e) By virtue of a majority of the? votes being for "no dispensary" levies' a special tax upon the tax payers of Union county, which is in violation of. article 1, section 7 of tbe constitutians Furthermore, that this bill originated in the senate, when undep the con? stitution, article 3, section 15, "Bills for raising revenue shall originate in* the house of representatives, but may? be altered, amended or rejected by the senate, and all other bills may originate in either house, and may be altered, amended or rejected by the other." The plaintiff alleges upon informa? tion and belief that the petition for* an election on the question of "dis? pensary" or "no dispensary" was not signed by one-fourth of the qualified voters of Union county, and that the? supervisor ordered it without ascer? taining same; that the plaintiff is in? formed and believes the election was fraudulently and illegally held anet conducted, in that many persons who were not qualified voters were allow? ed to vote, and many persons who were qualified voters were not allow? ed to vote; persons were allowed to vote at precincts other than those at which they resided; no registrations books were furnished the managers, as required by law,, and in marry ways the law was not complied withe and as a result of this fraud and these irregularities the election re? sulted in "no dispensary," whereas, if it had been conducted according: to law, it would have resulted irs. favor of the dispensary. That the plaintiff, as a citizen and resident ot Union county, has a right to pur? chase intoxicating liquors from sai?C dispensaries, and ii same are closed., as threatened, the plaintiff and other citizens of Union county will be de? prived of their rights and privilege to purchase alcoholic liquors, as he or they desire to do, and the county will be deprived of the revenue it is entitled to under the provisions of the dispensary law. On these grounds the plaintiff prays that the injunctioa be issueel to prevent the said dispensaries: from closing, acid the election to be declared unconstitutional, illegal anti void. Following this are affidavits signed by J. B. Wilbanks and A. B. bur? gess, mill operatives ,and J. F. "Wil? banks, a farmer, who allege. ?hax they did not authorize the signing of their names to the petition, and ?xae as taxpayers they will be damaged because the election cost the COUTB ty $300. The effect of this injunction pro? ceeding is to keep the dispensary and beer privileges open at least un? til Wednesday, September 6th, not? withstanding the result of the elec? tion. It is intimated that the mem? bers of the county board of contro? might not answer the complaint os the day set, which would iruke this injunction permanent, as by an? swering it the election would proba? bly be declared legal and binding:, and the men would lose their posi? tions. However, this may be onrv" guess work, as it is believed that any? way some of the defendants will an? swer the complaint in their endeav? or to see the will of the majority of the people carried out. Hey ward Ayerman, a sor*, ci. ear Sheriff Alderman, of Aiken* ?X.HJ^KS\ made a desperate attempt to kitt his wife on Tuesday. He was co ca drunken spree and became enraged with his wife when she attempted to quiet him. She fought with, fcc-ro foe* the possesion of a revolver,, ajid finaS ly succeeded in tripping him ar?3 made her escape from the house Professor K. G. Matheson, ha?- tie?2 elected chairman of the faculty of lb? Georgia School of Technology to- suc? ceed the late Dr. Lyman HalL. 5&e is a native of Cherawr S. C., a-ntS a graduate of the Citadel.