ibi?t i&?m?m at? SMI?JOTL
WEDNESDAY SEPTEMBER 27,1905.
The Somier Watchman was founded in
1850 and the True Sauthron in 18?>6. The
Watchman and Southron now bas the com?
bined circulation and influence of both of
the old papers, and is manifestly the best
advertising medium in Sumter.
The business men of Charleston
who hoped for great things from the
proposed Cincinnati, Hamilton and
^Dayton extension to that city via the
Coal fields of Kentucky have had their
hopes dashed to the ground by the
purchase of the C., H. and D. system
by Morgan, interests who are deter?
mined not tov permit a competing rail
toad to invade the territory of the
. Southern. Charleston will never be
fcnbottled by the C., H. and D., for
that system is a thing of the past, and j
the business men of that city must J
Seek elsewhere for the relief they de- j
.Sire. In this connection we venture to 1
*enew the suggestion made several '
months ago, that Charleston build |
Vi th its own money an independent j
.railroad to Sumter and co-operate j
"with the business men of this city who j
hsxe practical fy perfected their plans j
tc- build a road from Sumter to j
bethune to obtain a Seaboard A r j
.Line connectin. It is proposed to 1
Artend this road to Monroe, N. C., in !
the near future, and this would give j
t?harleston the outlet to the west that
ts vitally necessary to the fut?re de?
velopment and prosperity of that port.
Korea fears it will require some
practice before it will be able to tell
..peace" from "war."
m m m
Philadelphia proposes to celebrate I
the two-hundredth?. anniversary of the
birth of Benjamin Franklin. Phila?
delphia has but recently been trying
to practice some of the precepts of
honesty and fair dealing that were
laid, down by poor Richard.
. . .
The men who have been arrested
tor murdering the negro Pendleton
?at Honea Path are undoubtedly guilty
tod should be hanged, but the jury
may not be able to see it that way.
The jury is the bulwark of the
lynchers and if these men who engage
tn mob murder were not pretty well
satisfied that the jury would sympa?
thize with them and save their necks
there would be fewer lynchings. The'
spirit that condones lynching has cor?
rupted the jury, and until there is a
stronger sentiment against lynch law
the probabilities are that even
such monsters as the Honea Path
-murderers will be permitted to go
-tree and unpunished.
. ? ? * '
^Th? farmer who owes debts cannot:
afford to hold his entire crop for bet?
ter prices when cotton ts selling at
ten cents. When his debts are paid
3&e can and should hold his surplus
*for the maxi ma m price that the law of
SUDply and demand will warrant If
this policy is followed there will bw
?O more trouble about low price cot?
ton, unless there is an enormous in?
crease in cotton production,
j ? ? .
?? electric power can be carried
?rom CatawVa Palls to Columbia it
Caa be brought to Sumter, and the ef?
fort should be made to interest Dr.
Wylie and his associates in a propo?
sition to supply Sumter with electric
power for lighting the city and man?
ufacturing purposes.
. V .
John Bell Towill's training as a Y.
fci. C. A. leader may not have been just
the thing to equip him for a war of
words with Senator Tillman, but he
managed to hold/his own at Bates
burg Saturday.
. ? .
Quite a number of the most con?
sistent prohibitionists and besi citi?
zens of Sumter take no stock in the
proposition to vote out the dispen- j
Sary. They prefer the dispensary, bad 1
its it is, to the unbridled reign of the ?
blind tiger. j
? . .
Tt is estimated that four or five ad- !
'?.?'? . ? '
$itional policeman would be needed to j
keep track of the blind tigers if there !
"was ft? dispensary in Sumter. At pres- j
cnt the lew blind tigers obtain a pre
Carious and uncertain existence by al- j
faying the raging thirst of the boozer ?
fighters who fail to lay in a sufficient j
supply of dispensary liquor to carry
them through the night. If there were
no dispensary to sell the more than
$100,066 worth cf liquor the people of
Sumter county now consume annually,
the blind tigers would spring up on
every hand to reap the big profits of
the business. Il is folly to talk about
suppressing the illicit sale of liquor
"When the prize is the profits to be
toade on $100.000. And the cost of
lighting the blind tigers must be paid
by the taxpayers, not out of the profits
Cn the liquor sold as at present. Pro?
hibition is a theory, the passion for
?rink is a fact, as is the cupidity of a
fcreat marry men who will take any
risk and break any law if the pecu?
niary rew?rd is big enough. Prohibi?
tion in Sumter was a farce twenty
years ago-it would be worse today.
?For this reason we are opposed to th<
proposition to vote out the dispen?
sary.
W. Zl. Graham has~fancy mules for
farm and timber work.
PUBLIC COTTON WEIGHERS.
The system of public cotton weigh?
ing has been generally satisfactory to
the merchant and farmer alike in
every county in which it has been
adopted. The recent action which
was brought to have declared uncon?
stitutional the act that created the
office of public cotton weigher in
this county- was not, as we under?
stand it, directed against the nature
of the law, but solely against its poor
administration.
The writer has heard it stated re?
peatedly by farmers that they took
their cotton to others markets, not be?
cause they could, receive better prices
for thc staple, but for ^he sole reason
that they would not tolerate the lonj,
and unnecessary delays caused by the
insufficiency of platform room and in?
adequate means of handling the cot?
ton that existed under the present
system. Now Sumter cannot afford
this loss. We want every bale of cot?
ton made in the county to be sold in
our town.
This paper has always favored the
system and desires to see it continue
in force, and it takes this occasion to
urge the weighers now in office to
profit by the lessons of this suit in
law, and urges them to so improve
the mode of weighing and handling
cotton to the satisfaction of those
whom they were elected to serve. It
is impossible to please all; but it is
expected of the weighers that they,
at least, 'comply with the provisions j
of the act of the legislature; and,
with a strict compliance in the future,
which means that the weighing will
be conducted more expeditiously, it
can be said beyond any reasonable
doubt, that the dissatisfaction that
now exists will be removed.
The Public Cotton Weighers of Sum?
ter County Will Continue to Ex?
ercise the Duties of Their
Office.
The action, in the form of a tempo?
rary injunction pending the hearing
of the case upon its merts, directed
by Messrs. J. M. Woodley, W. Dukes
Carson and C. L. Williamson against
the public cotton weighers of Sumter,
was heard by Judge Purdy last Sat?
urday at 10 o'clock, and, contrary to
expectations his decision was handed
down today. ,
His order refusing the motion is
clear and explicit in its terms, and is
self explanatory. It isx quoted in full
below.
The question of the constitutionality
of the act, while not definitely de?
cided, is at present of little moment,
for the decision of Judge Purdy was
reached without touching the consti?
tutional questions involved, and the
weighers will continue to exercise the
functions of their office, until further
litigation restrains them.
The Decision.
State of South Carolina.
Sumter County.
Court of Common Pleas.
J. M. Woodley and Others, Plaintiffs
vs. J. vWhilden Netties and Others,
Claiming; to be Public Cotton
Weighers in the City, of Sumter, S.
C., Defendants.
This is an action to permanently
restrain And enjoin the defendants
from exercising ihe duties of public
cotton weighers in the city of Sumter,
S. C., and an application has been
made before me in behalf of the plain?
tiffs to grant a tempor?r:,- injunction
restraining the defendants from act?
ing as public cotton weighers, pending
the litigation.
The case was most ably argued be?
fore me, and so far as I have been
able to determine .the situation, there
is scarcely any issue raided by the re?
turn, as to the statement of facts
made in the complaint, but issue is
taken largely as to the conclusions to
be drawn from such statements, and
as to the law governing the case.
It. is now well settled law in thrs
State, that "where it shall appear by
the complaint that the plaintiff is en?
titled to the relief demanded, and
such relief or any part thereof, con?
sists in restraining the commission or
continuance of some act, the commis"
sion or continuance of which during
the litigation would produce injury to
the plaintiff," the parties are entitled.
to a temporary restraining order and
the court will grant such order. Al?
derman vs. Wilson and cases there
cited; 69 S. C., page 156.
It is also settled that: 'Tn doubtful
cases, the court weighs the nature
and extent of the injury which will
arise to^either party from the grant?
ing or withholding of an injunction,
and determines the question of equit?
able relief in the manner best calcu?
lated to promote substantial justice."'
Pelzer, Rodgers &. Co., vs Hughes, 2 .
S. C., page 408, and cases there cited.
In this case the defendants are the
successors in office of others who have
filled the position without question or
molestation for years. It does not ap?
pear from the allegations of the com?
plaint, nor were affidavits submitted
charging that the defendants were do?
ing or threatening to do any act or
acts which would interfere with the
rights of the plaintiffs.
It might be that if the plaintiffs
sought to carry out th** contracts to
s<li their cotton, a.s alleged in the
complaint and undertook to weigh the
same in the city of Sumter, and the
defendants in any way interfered with
chem, that then they would have ?
cause of action.
There is no threat on the part o:
the defendants that if the plaintiff?
undertake to weigh their cotton else?
where they will be prosecuted or in?
terfered with, and there is no act be?
ing done by the defendants which
tends to show any breach of duty
which they owe to the plaintiffs, lr,
order to interrupt ar. officer in the ex?
ercise of his governmental functions,
the strongest and clearest case should
be made out, especiallj- to warrant the
granting of a temporary injunction.
While I cannot decide the case on
its merits, it is my duty to examine in?
to the case for the purpose or seeing
whether I should grant the temporary
injunction, and this I have most care?
fully done.
In fact, the argument was so well
presented on both sides that the case
was particularly set forth before me
in all of its phases, and especially by
the plaintiffs as to the merits of the
case, and also as to my duty to grant
an injunction if I came to the con?
clusion that. the act was unconstitu?
tional.
Under the case as before me, the
right to a temporary injunction is
doubtful; if I were satisfied that the
plaintiffs had made out a clear right,
and that as a matter of law, from the
facts as stated, tney were entitled to
a temporary restraining order, I
would grant it, but I am not so satis?
fied.
The plaintiffs might come into town
and weigh their cotton and sell it for
an indefinite period, and no one
might ever interfere with them, and
it is purely a speculative question to
say that such would be done.
There is not an allegation in the
complaint that the persons to whom
they contracted to sell their cotton
and to whom they delivered it, require
that it shall be weighed in accordance
with the law governing the office of
cotton weigher, and .that if not so
weighed prosecution would follow.
In other words, as I see the case
as now presented, I am asked to
grant a restraining order and, prac?
tically, in so doing, .'to declare the
act complained of as unconstitutional
for the reason that if the plaintiffs go
outside the cotton weighers' act and
weigh their cotton they may be pros?
ecuted. _
The motion to grant a temporary
restraining order is refused.
R. O. Purdy,
Circuit Judge.
Sumter, S. C., Sept. 25, 1905.
If you want a good harness horse
W. M. Graham is the man to sell you.
It would pay you to see W. H. Gra?
ham's horses. They are good. 9 13-4t
A NEW BUSINESS FOUNDED BY
MESSRS. CROSSWELL.
The latest business venture enter?
ed into by merchants of the city is
the Carolina Fruit Company, which
was organized by Messrs. Crosswell
and will be conducted under the man?
agement of Mr. J. K. Crosswell with a
corps of able assistants. The place of
business of the company is in a lately
constructed building at the foot of
Sumter street, and is adjacent to the
large warehouse occupied by the
wholesale grocery firm of Crosswell
& Co. The building is peculiarly con?
structed for the storing and handling
of perishables. The first floor serves
as a place for keeping crates, drums,
barrels for packing the fruits and veg
eatbles and getting them in shape
for shipment. The office is also lo?
cated there.
COTTON GROYVRS' ASSOCIATION.
The meeting of the Sumter County
Cotton Growers' association held Sat?
urday in the court house, pursuant to
the call of County President A. B.
Stuckey, was not largely attended as
anticipated and was wanting in inter?
est, to a considerable extent. Mr. E.
D. Smith, president of the State As?
sociation, who had accepted an invi?
tation to be present and address the
meeting, failed to come. He did not
notify President Stuckey of his inabil?
ity to fill his engagement and when it
was learned this morning that he
would not attend the meeting it was
too late to arrange for a speaker to
fill his appointment.
When the meeting was called to or?
der President Stuckey made a brief
speech outlining the objects for which
the meeting had been called.
Reports from the various township
organizations were called for and
committees were appointed to take up
the work of organization of township
associations so as to have the county
thoroughly organized. f ,
Mr. W. A. Bowman was called on
to report on the proceedings of the
meeting recently held in Asheville, N.
C., which he attended. "
The sentiment of the meeting seem
I ed be favorable to holding cotton
for ll cents, the minimum price fixed
by the Asheville meeting, and the ef?
forts of the County Association will
be directed toward inducing the cot?
ton growers of the county to hold for
that price.
The following resolution waa adopt?
ed:
Resolved. That we endorse the ac?
tion of Asheville Convention in fixing
the minimum price of cotton at ll
cents.
Provided, That those who'have ob?
ligation? which have to be paid are
not bound by the recommendation.
JUST
A Few Words
o The Tr^de
Our unusually large and varied stock is now
in and ready for criticism. The completeness
of the various lines of merchandise handled
by us is the result of many months' labor,
reaching back to the early spring-purchased
.when
DRY GOODS
. J
Were cheaper than today, and the benefit goes
to those who trade with us. Heed this advice
from us : Call and get posted as to the newest
Dress Goods Materials
Both as to fabric and shadings. See the Plaid
Taffeta Silks suggested for waists, petticoats
and entire suits. Also the new black Chiffon
and Spot-Proof Taffetas, all warranted, from
50c. up.
Secure a Tailored Suit from our Ready-to
Wear Department, either in the Eton or Pad?
dock design. These stylish, serviceable suits
are shown in dark green, plum, garnet, grey
and black.
Not elsewhere in Sumter is to be seen the
large variety of Coats for Ladies, Misses and
Children. And we say the same in reference to
our Housefurnishing Department. Estimates
cheerfully furnished on complete House and
Hotel equipment.
Again we say, Heed Our Advice !
IL
HS CO.
OUR
Carpet Department
Offers Unusual Attractions
And an excellent range of values to the housekeeper who
finds it necessary to invest in anything in that line. N
The Art Square is rapidly displacing the Carpet as a floor
covering, and rightly so. lt is more attractive, less expensive
and more convenient.
Our line embraces all sizes and grades
From $3.50 to $20.
RUGS, RUGS, RUGS!
* We have always enjoyed the reputation of carrying a hand?
some line cf rugs, but in our selections this season we think
our previous record has been surpassed, and as to prices we
are confident they are right.
Smyrna Rugs, $1, $ 1.50, $2, $2.50 & $3
Hoquette Rugs, $1, $2.50, $3.75.
MATTINGS.
We carry a complete Hoe of China, Japanese and Grass
Wire Mattings, in China Mattings we are offering some ex?
cellent values, and a beautiful assortment of patterns
At 16,18, SO, 25 and Up to 35c. Per Yard.
We picked up a lot of Jap Mattings at auction very much
under their value. The quality is excellent, the patterns as
good as the best.
Floor Oil Cloths
From 25c. to $1.25 Per Yard.
O'Donnell h Company
A NEW ENTERPRISE.
Sumter Machinery Company
(INCORPORATED)
SUMTER, 5. C.
W. B. BURNS, Pres.
T. H. SIDDALL,
Treas. & Gen. Mgr.
DIRECTORS:
W. B. Burns, C G. Rowland, T. H.. Siddall. Charles Dewry,
Richard I Manning, Neill O'Donnell, Geo. D. Shore.
First Class New Equipment for all
Kinds Machinery Repairs. Iron and
Brass Castings, Grate Bars and
Building Irons a Specialty.
Agents for Winship, Pratt, Smith, Munger and
Eagle Cotton Gins, Ginning Machinery and
Presses. Steam Engines and Boilers in Stock?
Give us a call and you will be convinced that our prices are
right. Shops situated on W. C. & A. R. RM east of passenger
depot-one block South of East Liberty Street.
The
Carolina
Sanitarium
L. G. Corbett, M. D.
Solely for the Treatment of
Whiskey and Drug Habits
and Nervous Troubles
Detailed information upon application.
405 Perry Ave. Greenville, S. C.
Prices are rigrht and stock good at
W. M. Graham's.
\V. M. Graham can offer you extra
fine horses and mules.
R. B. BELSER. R. 0. EPPS.
BELSER ? EPFS.
Attorneys and Counsellors at Law.
Phone 30S. SUMTER. S. C. Harby Bldg. .
HOLLISTER'S
Rocky Mountain Tea Nuggets
A Busy Medioine for Busy People.
Brings Golden Health and Reneged Vigor.
A specific for Constipation, Indigestion. Live
and Kidnev Troubles. Pimples. Eczema. Impure
Blood, Bad Breath, Slu?s:ish Bowels, Headache
and Backache. It's Rocky Mountain Tea m tab?
let form. S? cents a box. Genuine made by
HOLLISTER T)RVG COMPANY, Madison. Wis.
GOLDEN NUGGETS FOR SALLOW PEOPLE