Historical Newspapers of South Carolina

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1 THE SUMTER WATCHMAN*, Established April, 1850. 'Be Just and Fear not-~Let all the ends Thou Alms't at be thy Country's, Thy God's and Truth's.' THE TRUE SOUTHRON, Established June, ISM Consolidated Ans. 2,1881. SUMTER, S. C. WEDNESDAY. AUG-TJSr 7. Iy07. New Series-Vol. XXTII. No 2 %\t W??)\\m ma jSoufijron. Published Every Wednesday, -BY OS TEEN PUBLISHING COMPANY. SUMTER, S. C. Terms: $1.50 per annum-in advance. ' Advertisements: One Sonare first insertion..$1.50 Every subsequent insertion.50 Contracts for three months, or longer will be made at reduced rates. All communications which sub? serve private interests will be charged for as advertisements. Obituaries and tributes of respects w?l be charged for. STATE LICENSE ACT VALID. THE STATE SUPREME COURT RE? VERSES ITSELF. Case of British and American Mort? gage Company, After Rehearing, Won by Attoreny General Lyon State Would Have Been Deprived of Large Revenue Annually Had First Decision Been Sustained. Columbia. Aug. 2.-The supreme court has reversed itself in the case of the British and American Mortgage Company and Attorney Generai Lyon has won a distinct legal victory. The court several' months ago rendered a decision which in effect declared the franchise license act of 1904 unconsti? tutional and would have deprived the State of a large revenue annually. At? torney General Lyon, representing Comptroller General Jones, filed a pe? tition for a rehearing, which was granted, and upon this hearing the court has filed a second decision sus? taining the position taken by Mr. Lyon and holding the act of 1904 valid. The first hearing of the case, when the State lost its case, was be? fore Mr. Lyon entered the attorney general's office. The case was brought by the Brit? ish and American Mortgage Company, a British corporation, to secure an in? junction restraining the comptroller general from collecting the tax of one half of one mill upon the property of the company in this State, it being al? leged in the petition that the compa? ny did not transact its business in this State, the contracts being perfected in Xew York. This was the main point upon which the company's at? torney. Mr. J^ohn P. Thomas, Jr., of Columbia, expected to win the case. He was one< of the legislative com? mission which framed the act of 1904 %and he had no idea of upsetting that law. But the court decided the case upon another point, holding that the act of 1904 discriminated between foreign and domestic corporations, whereas in a previous act under ?which foreign corporations were li? censed they were given all the privi? leges and immunities of citizens of this State. It was held, however, that the su? preme court had interpreted the act of 1893 erroneously in that the said act does not. in licensing foreign cor? porations, confer upon then all the rights and immunities of private cit? izens of this State, but confers upon such foreign corporations the rights and immunities enjoyed by private citizens of other States and of for? eign countries doing business in this State. It was also pointed out that the license issued to a foreign corpo? ration under the the act of 1S93 ex? pires after twelve months and is re? newed for each year, and that the court overlooked this point, which differentiated the case of the British and American Mortgage Company from the Colorado case on which the supreme cou'*t had relied; in this case the license granted by the State to the Smelter Company being for "a term of twenty years. The attorney general on the rehear? ing contended that in renewing the license each year the company did so wdth the restrictions and qualifica? tions of the laws of this State in for?? at that time; consequently when the license was taken out for 1904 it was subject to the provisions of the fran? chise tax act of thct year, which had been enacted before the license for that year was granted. The supreme court now sustains the contention of the attorney general on both these points, which had not been taken into consideration in the former opinion. The case, as stated above, was ar? gued for the State by Attorey Orn? erai Lyon and his assistant. .Mr. M. P. Debruhl. Denver, Colo.. Aug. .">.-William I>. Haywood arrived here early today with John H. Murphy, head counsel for the Western Federation of Miners. Murphy is ill and may not survive the .week. The early arrival of Haywood did not permit the demonstration the miners had prepared for his home coming, but they may hold it later. PROHIBITION IN GEORGIA. BILL PASSES HOUSE BY A LARGE MAJORITY. Druggists May Sell Pure Alcohol on Prescription of Reputable Physi? cian is Provision of One Amend? ment. Atlanta. Ga., July 30.-The Harde man prohibition bill, passed by the Georgia senate some days ago, was adopted by the house this evening by a vote of 139 to 39. Two amendments added to the bill by the house will necessitate the bill going back to the senate for concurrence, o? which there is no doubt and the bill will then go to Gov. Hoke Smith for his signature, which has been pratically ' fledged and prohibition will become j a law in Georgia. The amendments today permit the sale of pure alcohol by retail drug? gists on the prescription of a reputa? ble physician, and also allow whole? sale druggists to carry pure alcohol in stock for sale only to retailers. The bill prohibits the manufacture or keeping on hand in any place of business, the sale or giving away to induce business within the State of any liquor that may produce intox? ication. The new law is to become effective January 1, 190S. After the first fight on the bill last week, in which the opponents showed their ability to keep the act from its third reading, and which culminated in a personal encounter on the floor of the house between members of the house at the end of a 14-hour session, i an agreement was reached making the bill a special order for today, with the provision that a vote should be taken at 4 o'clock. This programme was carried out. Thirty-one amend? ments were offered. 13 of them by the prohibition forces. Only two were allowed, and both of these were introduced by the prohibitionists. The anti-prohibitionists made their hard? est fight to secure the adoption of an amendment to postpone until June 1, 1909, the date when the bill should become effective. This was lest, 12 S to 49. 'The bill, as amended, was put on the final vote at 8.45. which was com? pleted 45 minutes iaier, a fe.v of the members taking the opportunity io explain their votes. CHARLESTON" GETTING GOOD. Various Clubs will comply With Dis? pensary Law-Lookers to Re Used Hereafter. Charleston. Aug. 2.-The Commer? cial club. Charleston club. Country club and Car lina Yacht club, the leading social organizations: of the kind, have determined to comply strictly with the letter of the dispen? sary law. restricting all sale of liquor at these places. The club members have determined upon this move without pressure, evidencing their in? terest in the observance of the law and their disposition to aid the au? thorities in the present movement to have the law better ..r.forc'd. The system of locker.-, in effect a?# many clubs throughout the State, will be established here, thus dispensing with the sale and the handling of liquor by the clubs. The members will pat? ronize the dispensaries, ordering such stuff as they may desire for their own personal use. through the dispensa? ries, in cast-s where thc liquors are not actually carried in stock. The movement on tho part of the leading business and social clubs will set an example to the many other clubs of the city and briwg all the organizations into line. Many of the so-called social organizations will I have no excuse for their existence in the running <>:' bars, for which they were organized and chartered partic? ularly, bein? unable to point to the more n-pres^nta'ive and influential clubs of the city, as similar instances of the violation of th.- law. Thc po? lie?- department will then be in a po? sition to give closer attention to thes' places, and another step will be taken in the enforcement of the dispensary law in Charleston. 'FRISCO GRAFT CASES. ?iiir Grafters rind an Avenue ol' Es? cape Though the Courts. San Francisco, Aug. 2.-The ques? tion of the validity of scores of in? dictments in connection with the mu? nicipal shah'- up was today brought before the supreme court when an appeal for an injunction restraining tue superior court from proceeding with the trial was filed by T. V. Hal? sey, the Pacific Coast Telephone Co/s "Outside man." who ?y on trial oh-irg ed with bribing Supervisor Lonergan. Attorneys for the indicted officials of the railways announc.-d that they would file similar appeals. ROAST FOR ANSEL. MARTIN REFERS TO GOVERNOR AS A POLITICAL SANTA CLAUS. State Superintendent Feels That He Had Not Been Consulted Sufficient? ly About the Matter of Making an Appointment. The announcement that Hon. John C. Sheppard would probably be ap? pointed a member of the State board of education to fill the vacancy caus? ed by the resignation of J. E. Bo? land cf Blackville has caused a de? cidedly caustic statement to be issued by Mr. O. B. Martin, the State super? tendent of education. Mr. Martin says that he has nothing personal against Gov. Sheppard except that he protests on 'the theory that all mem? bers of the board should be educators. Before issuing the statement Mr. Mar? tin sent the following letter to Gov. Ansel : ' Gov. M. F. Ansel, Columbia. S. C. Dear Sir: I am informed that you have offered the position on the ,State board of education from the second district to a lawyer and an ex-govern? or. If such be the case, I wish to serve notice that I expect to make a vigorous protest through the press. Such action-will seriously injure the work of this department, as well as have-a depressing effect upon the schools and educators of the State. If I am correct as to the second dis? trict, this will make two appointment^ on the Sate board of education, and the teaching profession has not been recognized. I am sure that they will feel your attitude to them very keen? ly. I shall not hesitate to speak frankly in erardgO. ,1th . .*mh frankly in regard to this matter. Sincerely yours. O. B. Martin. State Supt. of Education. The statement referred to is as fol? lows: "I regard the appointment as po? litical rather than educational.-While I have an exalted opinion of the ap? pointee, I believe this position was tendered him because of former asso? ciation in politics and because of his political prominence. "The law says the State board of education shall constitute an advisory body with whom the State superin? tendent of education shall have the right to consult when he is in doubt as to his official duty. There an- oth? er statutes which make the duties lund relations of this board very close :> th State superintendent of educa I tion. The law gives the governor tht power of appointment, but. I think that common decency and courtesy de? mand that the State superintendent ol education be consulted. At least sev? eral very distinguished governors, in? cluding that delightful and consider? ate gentleman who adorned that office during the past four years, have ta? ken this view. I know that this is the view heb! by a very large majori? ty of the educators of this State. "In the second district I did not ven know that the name of the dis? tinguished ex-governor was being considered for the position until after j the position was tendered him. I re ** fuse to believe that it was ever in? tended that the governor should be a political und paternal Santa Claus to t nder surprise appointments to a child-like State superintendent. This same chief executive made a similar surprise appointment in the sixth dis? trict "and I concurred in th?- result because I realized the necessity of having one excellent lawyer on the 1 board. 'Tn the name of the schools, of South Carolina I insist that an edu? cational board shall consist of educa? tors. What would be said if teachers should be put on the pharmaceutical board or the State board of medical examiners? Or why not let teachers conduct bar examinations? There has been a decided disposition in the south recently to put educators in ed? ucational offices. Every southern State superintendent of education has had experience in teaching. A few years ago this was not true. States that have political boards of educa? tion are passing laws requiring that ex p< rience school men shall constitute the membership of State boards of education. Bills to that effect are now pending in the Georgia legisla? ture. They have had a hoard of state officers. "The State board of education pre? pares all questions tor teachers* ex? aminations makes out courses ->f study, examines reading circle papers, selects books for teachers und chil? dren and performs other duties more or less professional. "Why a man who is really looking for official efficiency and service t" tho schools does not want people who have devoted their lives to that lite of work is more than I can see. lt looks to me like un appointment upon perfunctory association and patroniz? ing politics. "I am speaking plainly in regard to this matter because it is a luxury so to speak, and because I am corniced that educational progress may be se? riously handicapped by gubernatorial obtuseness, stupidity and selfish po? litical persistency." The Governor's Idea. Gov. Ansel when asked ?about the matter yesterday had nothing to say in reply to the letter except that he considered Gov. Sheppard a' good man and that his idea was to appoint an? other layman who could assist the board in reaching decisions from a legal standpoint. He said that he had no idea of giving offense and in the appointment had the best interests of the State at heart. Gov. Sheppard has been in public life for many years and the position was tendered him by Gov. Ansel sev , eral days ago. The latter was out of the city Monday, but returned yester? day when the statement from Mr. Martin was given out. It was the ' cause of considerable comment at the State capitol when it became known. The singular part of this contro? versy between the governor and the State superintendent of education is that they were both elected from Greenville county. Maj J. C. Boyd, adjutant general, and Maj. Jno. H. Earle, railroad commissioner, are also from Greenville. This is the first time that any discontent in the happy family from that county has mani? fested itself, although it has been known for some "time that Mr. Martin and Gov. Ansel have not had the same views on the dispensary cues? ti?n, although this, of course, has nothing to do with the case in point. Although Gov. Ansel has ignored publicly the fervid statement of Mr. Martin, yet it was talked about the State house yesterday that Gov. Ansel called upon Mr. Martin as soon as he heard that the State superintendent of education was worked up over the situation. Gov. Ansel declined to make any statement at all, although it was stated yesterday that the sit? uation in the second district has been discussed beween Mr. Martin and Gov. Ansel, but all names proposed were not acceptable for one reason or another and Gov. Ansel being respon? sible for the appointment named Gov. Sheppard. It is stated that the precedent for Gov. Ansel's action dates back as far as Gov. McSweeney's administration anyway, for Gov. Mcsweeney and St. te Superintendent McMahan did not agree upon the appointment at timi time.-The Slate. Aug. 1. ELECTION WAS ILLEGAL. State Board of Canvassers Declare Kershaw Dispensary Election Was dogai. Columbia. Aug. 2.-The State board of canvassers yesterday decided that the elecci?n recently held in Kershaw county, 'in which the dispen? sary was voted out, was illegal. The decision of the State aboard was base l on tile testimony-given, showing that :he secrecy of the ballot had not bei n observed in that there were six boxes for and against the manufac? ture of liquor, for and against the sale of liquor and for the disposition of the dispensary fund, which showed exactly how each voter cast his ballot. It was also hold that citizens were allowed to vote on the certificate of the clerk of court and without reg? istration certificates, which is a viola? tion of the law. An appeal will be taken from the decision of the State boad of canvassers, and the supreme court will be asked to settle the mat? ter on a writ of certiorari. Tins was stated by both the prohibitionists and tho dispensary people at the hearing about two weeks ago when the case came up <>n an appeal from -he Ker? shaw county board and before a de? cision Lad been rendered. MILLIONAIRE MURDER TRIAL. Fred Magill, of Chicago, and Brioc Indicted by Grand Jury for Murder. Clinton, 111., Aug. 2.-Fred Magill, the millionaire cashier af the Warner National Bank, and h'is 19-year bride were indicted today by the grand jury on six counts, charging them with tli< murder of Magill's first wife. Ar? guments in reference to setting che time for the trial will be heard this afternoon or tomorrow. The defense wants ?he trial lud,i within two weeks, lau the State wants time t.. secure ev? idence. Although the prosecution has circumstantial evidence against the Magills it is said the report of the 'hicago physicians that they could not {"uni trw- pathological cause of ieath of Mrs. Magill, tile state ad? vanced the theory that Magill smothe? red his wife. TERRIBLE GRIME IN N. Y. LITTLE EIGHT-YEAK-OLD GIRL MEETS CRUEL DEATH. Killing Rivais in Atrocity Those of Last Week-She Was Assaulted Slain and Her Body Horribly Mu? tilated-Discovery of the Crime and Arrest of Suspect Almost Causes Riot. New York, Aug 1.-The "grave yard," as the foreign populated neighborhood on First Avenue, be? tween 13th and 14th streets, is known locally, gave up today a fresh crime, rivalling in atrocity the myste? rious butcheries of last week. The latest discovered victim was an eight year-old girl, and, like the two young women murdered, she had been shockingly mistreated, before death and the body mutilated when life was extinct. The three murders are strikingly similar. Last Thursday night a wo? man was strangled in a 22d street boarding house; the next morning the body of a still unidentified woman, who had been choked to death, was found in an areaway in East 90th street. Katie Pritschler, daughter of a restaurant waiter, disappeared a week ago today and was killed that night. A ribbon placed about the throat and drawn so tightly that it cut the flesh showed how she died. Her body was found today. If the brutality of the murderers can be qualified, that of the Pritsch? ler girl ranks first. She was assault? ed, murdered and then her lifeless form was horribly mutil?ted. "The grave yard" takes its name from the proximity of the old thir? teenth street cemetery, and the local? ity has been the scene of several re? volting murders. The majority of the residents are foreigners. Carl Pritschler, the fa? ther of Katie, is a hard working, re? spectable citizen. He has several other children, all younger than Katie. The girl left home at 349 East 13th street last Thursday night to play in the st?eet. When she failed to return the father notified the police and a general alarm was sent out. The body was today discovered within a block of her home and scarcely a hundred yards from the location of a placard placed by the father, calling attention to the fact that his child was lost. How the body could have remained undiscovered for a week is not ex? plained. The girl's body was stumbled upon by ? woman who visited the basement of the house at 203 First Avenue. It IRV upon a berry crate with seeming? ly no effort at concealment. "You can say for me," Coroner Harberger declared, "that the crimes in Berlin, of which the newspapers have told, have not been one thou? sandth part as bad as the murder of this little girl." The coroner would not permit the body to be photographed. At the coroner's direction Ga^tano Rippolano. whose cobbler shop ad? joins the girl's home, was arrested and asked to explain his absence from his shop on last Friday. He estab Iished the fact that he had spent the day at Bristol. Conn. The girl is said to have frequented Rippolano's placo and a search or* th?.- shop brought to light a man's shirt which bore red stains. The cobbler was arraigned and remanded to tho coroner. Gius? eppe Bafanto. Rippolano's partner, vras qu^tioned. but threw little li.srhc cn the case and was not detained. Tiu- police also began a search for a woman who is said to have former? ly roomed at the Pritschler house, but who left there afcer a quarrel and rook lodgings in the house where the girl's body was found. When the news of the finding of the little one's body spread through tho neighborhood excitement rose to such a pitch :iiHt the removal of the body and ti; ; arrest of Rippolano almost 'caused a riot. Many thousands of persons were in the nearby streets when the wagon from the morgue ar rived. At sight of the covered body the crowd vented its grief and rage in a babvl of tongues. Th?4 police were compelled to use fore.? to get through the street. Soon afterwards the arrest of the cobbler became known and th?4 crowd charged the prisoner's shop. Rippolano had been safely removed to the Station House, but his shop windows were smashed md only the determined front of po? lio- reserves, who clubbed right and left, prevented greater damage. John Kusmich, the Russian watch? man under arrest as a suspicious per? son and wh<> is said to have been in the company of tho girl whose body was found in tin- areaway on East Ninetieth street, was today remanded without hail until Saturday. X<> clue o the murder in Twenty-second treet was secured today. Later it was decided to h?>ld Bofan to for examination tomorrow. Dora Mesner, who is said to have been 'seen in the company ?f the cobbler, was arersted as a witness. She was arraigned in the night court and held for the coroner. AMERICAN DELEGATES PLEAD FOR ARBITRATION COURT. Joseph Choate Proposes the Estab? lishment of an International Court, Composed of 17 Judges, and Sup? ported by AH Nations, to Winch all Nations Desiring Peaceful Solu? tion ol' Disputes May Refer Them. The Hague, Aug. 1.-The general opinion expressed tonight is that the real peace conference began today with the initiative of the American delegates, who for their speeches to? day on arbitration, are praised for their determination to carry a logical proposition, that is believed to be the most important effort towards the pacification of the world. Jos. H. Choate and James Brown Scott, of the American delegation, before the spe? cial committee on arbitration, re? viewed the American proposition, dealing with arbitration from the standpoint of humanity as well as of international law. Prof. De Martens, of Russia, de? clared that the principle of arbitra? tion now under discussion was pro? posed by Russia in 1899. Germany. Great Britain and Mexico in general supported the American proposition. Dr. Drago, of Argentine, supported the Argentine proposition. Mr. Choate in his speech explained that the instructions given to the American delegates were to see that the judges of this court be selected from different countries, and that they should represent the different sys? tems of law and procedure, and the most important languages of the world. The court was to be of ^ such dignity, consideration and rank that the best and ablest jurists could ac? cept appointment thereto. The cause of general arbitration as a substitute for war in the settlement of interna? tional differences, has advanced with leaps and bounds since the call of the first conference. Nothing more strong? ly demonstrates the utility "of the great work of that conference than the general resort bf nations~to arbi? tration agreements among themselves, as sure means of securing justice and protection. "Our hope is to preserve and per? petuate the excellent work of the first conference, carrying it on to its logi? cal conclusion. "Th work of that conference, how ever, has nc: proved altogether ade? quate ti ine-t the progressive de? mands of nations. "The plan proposed by the United States." said Mr. Choate. "does not depart from the voluntary court al compelled to come to it. but it will be compelled to, come to it. but it iwll be open to?; ? ll who desire to settle their difference by peaceful methods." Mr. Choate described the project, article by article, in eloquent terms, dwelling on every salient point. The United States proposed that the expenses of the- new court and the salaries of the judges be borne by the powers in common. This would make the court free to whoever ap? pealed to it. Mr. Coate proposed that a suitable committee be appointed to form a constitution for and decide upon th*.- powers and character of the projected court, saying he thought it would be well to have 17 judges in? stead of 13 so that thc- country repre? sentation be more general. In con? clusion Mr. "Choate said: "it is six weeks since this confer? ence first formed and there is cer? tainly no time to lose. We have done much n> regulate war and very little to prevent it. Let us unite on chis great pacific r. ea.-".: e and satisfy the world that the second Peace Confer ence really desires th it in the future peace and not war be the normal con? dition of civilized nations." ANOTHER ii HU, VICTIM. New York. August 3.-Frieda Tieuh. aged IS, today fell a victim to the fiend, who has been claiming a child victim nearly every day for the last six weeks. The young woman was strangled rc death after being beaten and mistreated in a vacant room next te her parents' apartments. The brute tied :i rope tightly around her ne-dc a iel left lier dead. It is thought the girl was s< ized as she stepped from tin- d >or of her father's apartments. Her assailant escaped. A hundred infuriated Urooklynites today attempted to lynch Martin Sal? le, who seized Anni. Higers in a busy thoroughfare. Tin crowd had a ropo all ready, after beating the man into unconsciousness when the police in? terfered. H was the nearest attempt ut a lynching -ver known in New York. The gir] suffered only slight injuries.