The watchman and southron. (Sumter, S.C.) 1881-1930, October 16, 1907, Image 2

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UM. C ML Hl KS-f II AS ONLY ONE, OFFICK. of Int errat Hnh Been Settled by Leiters From the At tor Ornerat- -City Operates I n t harter. Aft the meeting of City Council last hftle under the head of gene baalnese. Alderman Finn present - a latter received by Mr. S. M. a. which he aald he had been ed. as an alderman, by that einaa to bring before council, lie wing la the letter: "Columbia. Sept 14. '07. L M. Pierson, Humter. 8. C: ?Dear 8tr. Your letter of tome day* as addressed to me, with reference one 6. M. Hurst holding several Im Burnt er has been trens to the Attorney General, and me that If Sumter la char ander the general law govern the Incorporation of cities of Its tut? p?.iu: >n v4 City Clerk, and Is aa office, end the post? ed City Recorder Is also an of Tbe other positions 'named are Yours very truly. M. F. Ansel, Governor.*' letter brings up a matter of Interest, in which ths cltlsens of are probably concerned, and are ao doubt familiar with the In question. Council decided md ths city of Sumter Is operat faeaj ander a epeclal charter, granted ftm ftttI; ths ofBce of Recorder and Oarfg and Treasurer are not to be con as ons. for ths city Is not th? under tie general law. C M. Hurst Is City Recorder and I SB Oftjr Clerk and Treasurer ex fttme of his election as Re Mr. Hurst wrote to the nttor en the same question fib ova green, and received the follow la* repir 1 -VwiamWa, & C. April nth, '04. ?Hr.t?. M. Hurst "City Clerk and Treasurer, rammtav, a. C : *ftesi Blr: Answering your letter ?W Ifta 1Mb mat., to ths Afttoraay Oen to whether the same discharge ths duties of Treasurer of the City sf Sum tar. and Reeorder of Court In auch City. I that this Is a question not corns within those "Whatm ths Attorney General's w %s pass*, but I have at your |ue#t examined the prevision In the ?!>*? er oi the towu of Sumt r. grant i mm It"I, which provides thot "the ' l?tn Council shall have power to ap ^pOtrit x Oers and Treasurer and to fix JFfmw cawsssssvmtsoa and prescribe his i shall give bond with surs i amount as may be deem for the faithful discharge f has drtios." ^TTbsther the Town Council, hss the office of City Clerk and under this provision of the ?aabty, or whether It has the Clerk and Treaeuer a mere rather than officer depends what action has been taken by II may be, under thla provle , sued the action, of ths Town Coun fJaat the City Clerk and Treasu Is sn officer. The provision thst sdve bond for the faithful dis of his duttee tends to show It was the Intention of the Legta ihat he should be an officer and met a mere employe. If an o fleer, he enwjaas within the provision of the CseaufTution forbldldlng ths aame per? son to hold two offices, but If merely am employee of the Conndl and not earn officer, then there Is no constitu? tional ottjedtton to his also holding if i edfeee of Recorder of the City Cmmrt. 1 think, however, that It ild be constitutional for the City 11 to Impose the dutlee of City and Treauser upon the Record? er, which would prevent any conflict the two offices, the City Re? beln g made ex officio Clerk Treasurer. *Ta that case ths aame person discharge the dutlee of both po Tours respectfully. "W. H. Townaend, Attorney General.** A few dsys ago, Mr. Hurst wrote ? Attorney General Lyon In regard i the matter, after learning of the ar written to Governor Ansel In re to his poaltlnn. The following have been received which are iplanatory: ??Columbia. 0. C. Oct. Ith, '07. *"TJL M. Hurst, ftumter, S, C: ~L*a*r*Slr Your letter of Oct. 8th fjs the attorney general has Just been rtved. On Sept. Mh. the writer of letter wrote the governor In re to the matter you mention, a copy of which Is her*?%lth enclosed. I did wet know whether y*>nr town was chartered under th?? general law, or not. therefore did not undertake to ssvy whether you sre holding two offices ?or not. "The attorney general I? absent from the elty. but 1 will ?nll th?> mat to his attention when he returns. "Yours very truh. "M. P heUruhl. ^Assistant Attoren\ General." Septembor 9, 1907. [. F. Ans? 1. Govern* r. Colum? bia, a. c. lH.u Sir: Your Isttcf lo the attoi ney general enclosing a letter from Mr. S. M. Pierson of Sumter, and ask? ing for an opinion upon the , legal question suggest* d In the letter, has been received. Mr. Pierson stuces In his letter that Mr. C. M. Hurst is now holding the positions of city clerk, city treasurer, city recorder, clerk to the board of school commissioners, clerk to the board of sewerage commis? sioners, and clerk to the board of wa? ter commissioners. If Sumter is char | tered ander the general law govern? ing the Incorpoatlon of cities of its sise. the position of city clerk and treasurer Is an office. The position of city recorder is also an office. The other positions named are not offices. The provision of Art. 2, Sec. 2, of the constitution, that no person shall hold two offices of honor or profit at the same time, applies, I think, to the municipal offices as well as to State and county offices. Tours very ?ruly. i M. P. DeBruul, Assistant Attorney General. THE NEGRO BAPTIST COLLEGE. Meeting of Trustees Wednesday to Basse More Funds for Continuance of Work?Building Now Well Un? derway. The mooting of the trustees Wednes? day of the negro Baptist college held at the ZIon Baptist Church, on Coun? cil street, was for the purpose of pro? viding more funds for the building of the college here. The meeting was presided over by Dr. J. J. Durham, of Alken, and was well attended. All matters wore arranged In a satisfac? tory manner and another meeting will be held here on Thanksgiving Day. Since ao other propositions were submitted to the trustees as to other locations tor the college or any change la the present plans It was de? cided to Continus the work at Its pres? ent location. The building Is now wall underway and almost ready for the roof. The trustees visited the building Wednesday. At the meeting la November, a faculty will bo elect? ed for the collage. This was the natura of Wednesday's meeting aad all that was done of Im? portance, la which the public Is In? terested. WAT1E8 KULDROW RELEASED. f*r*t?? Witnesses* Counlfl Not rw? geeSBPOd Wati-s V. u'dro*, C 'iM?o, \ *??? has been in Jail for over a week, on a warrant rharglng h<m with the mur? der of Warren Smart, who was found aead on ths Coast Uns track, near ihe Sumter Brick Works, and with which case ths public ie lamU'.ar by UirW, was released from Jail 'od ay. Mr Oeo. D. Levy.- his attorney, tried to get a preliminary hearing for his client, and the Stats could not provide Its witnesses. Therefore, this morning, upon sn affidavit by the sheriff that the material witnesses could not be produced, ths prisoner was released. Prom all accounts, there was no circumstantial evidence or direct evldenoe against Muldrow, still he Is liable yet for rearrest on after discovered evidence. Weekly Weather Bulletin. The last of ths weekly weather bul? letins for ths crop season was Issued by Section Director Bauer Tuesday. Ths bulletin shows that while ther has recently?been litt o rain, this con? dition Is not unfavorable, especially during the period of cotton picking. Ths summary of the bulletin la ui follows: The temperature was quin favora? ble during the week, having been nearly normal durln the first five days. On the 6th there was a decided drop in temperature, and the mean for the day was about 10 degrees he low ths normal in the western and central divisions, and from 3 to 9 degrees below the normal in the east em division. The temperature rose slowly during the lsst dsy to nearly normal. The weekly extremes of temperature were 88 at Summrville on Sept. 30, and 51 degrees at Green? ville on Oct. 1. The precipitation was very light, measurable amounts having occurred only In the eartern division on one day. Trsce of rain fell on the same day In the central portions. The ab? sence of rain waa t favorable as , the soil contains ample moisture. The percentage of cloudiness was low during the fore part of the week and on the last day. On Frldiy and Saturday there was considerable cloudiness In all parts of the State. The sunshine averaged above the n >r mal. i There wer? moderately hlg'i wind*? on several days, but no destructive storms or floods occurred. Notice to Our Customers. ?Wo are pleased to annoui.ee that pelSf*S Honey and Tar f<?r toughs. ( ?ids and lung troubles Is not affect? ed by the national pure food and drug law as It contains no opiates Of ther harmful drugs, and wo r* BOmmead It as a safe remedy for children and adults. Slbert's Drug ?tors. Sind us your Job printing. COURT Ilocsi, vj ?KS M .uL UK CUT DOWX. Much CoiiiMK-iu, on Recent Action of County Commissioners lit Howard to Removing Imrge Ouks on the Court House Ground*. The Board of County Commission? ers met In regular session yesterday. All of the members were present. Only matters of a routine nature came up for consideration at this meeting, but one matter was acted upon that will probably cause no lit? tle discussion among the citizens of the county generally. This matter was in regard to the two big oak trees on the Court House grounds. The improvement of the grounds, which is now under way, as most people know, came up for con? sideration at the meeting and hence the two fine oaks came in for their share of discussion. Messrs. J. I. Brogdon and F. E. Thomas were in favor of cutting down these tree3, while Supervisor Scale contended that the trees should be left standing to adorn the grounds and give shade in the hot summer months. A vote being taken on the matter, the two members in favor of cutting down the trees voted to re? move them, and Supervisor Seale vot? ed against this action. Therefore, the large oaka will be cut down, that is If the action of the board Is carried out, and it Is very probable that it will be. The general opinion of the citizens as to the matter la not definitely known now, but, no doubt, some ex? pressions will be heard soon for and against this action of the Board of Commissioners. \ Since the recent meeting of the County Commissioners, at which time that body decided that the two large oak trees in front of the new Court Houae should be cut down, much comment has been made In re? gard to the matter. It will be recall? ed that thle action on the part of the commissioners was not unanimous, as Supervisor Seale voted against the re? moving of the trees. From what can bs gathered, the citizens generally are opposed to the removal of these handsome oaka. The ladlea of the Civic League are opposed to this action, also, and are doing some commenting. Why cannot these treea remain and beautify the grounds? Are they In the way of business at the Court House? Are they Injurious to the bullding? W1H they not be very wel? come In the summer time *hen shale is at a premium? Such questions are being asked and answered. From all accounts, it would appear that the action of the Commissioners does not meet with general approval and if the treea can possibly be left standing It would be satisfactory to the majority of the citizens. ' Some Apparently Good Reasons arc Given as to Why These Trees Should be C ut Down. The comments heard In regard to removing the large oak treea from the Court House grounds, as stated yester? day, are many and as there are al? ways two sides to every question, it might be well to give the views of those In favor of cutting down these trees. In the place, it is said that one of these trees was Injured some years ago by a sleet and snow storm and that many of its limbs are now de? cayed, which would necessarily cause the life of the tree to be only a few years longer. If one were removed and the other left standing, this would give the grounds a rather awk? ward appearance, as can -easily be seen. Again, the oak that Is not injured is in the way of the cement paving that is being put down. If the paving were laid around the tree, the growth of the oak would injure the pavement after a time and cause great damage to the walks. Another reason given for the re? moval of the trees is the fact that they cast their shadows over some very handsome magnolia trees causing them to be retarded in their growth and their symmetry. Since the trees cannot very well be left standing for the above reasons, then It would be well to remove them and preserve the magnolias as ornamental shrubbery. This is the side of the case from the standpoint of those who think best to cut down these oaks and is given so that the public may know #vhy some people ut?3 in favor of the action of the county commissioners. A Criminal Attack ? On an Inoffensive citizen Is frequent? ly made In that apparently useless lit? tle tube called the 'appendix." It's generally the result of protracted con? stipation, following liver torpor. Dr. King's New Life Pills regulate the liver, prevent appendicitis and estab? lish regular habits of the bowels. 26c. at Slberfs Drug Store. Waldemar Hoffmelstor, rcpresenta" tlve of the Russian Imperial Indus? trial bureau, visited the oil mills in Columbia for the purpose of studying the cotton eeed Oil industry of thi^ country. **'oley's Kidney Cure will cure any -?nso of kidney trouble that i' n >? i? yond medical aid, Slbert's Drag Store r LAN Ith II) SPINJItn. BITORT MADE TO CUT OUT THE MIDDLEMEN. Hilles to be Compressed on the Farms ?Resolution Adopted Against Sirv ulatlon. Atlanta, Ga., Oct 8.?That the time is not far distant when the cotton planters of the South will sell their product direct to the spinners of Eu? rope and America, instead of through the middleman, in bales gin-com? pressed at the plantation with meth? ods in which loss has been reduced to a minimum, was indicated by to? day's discussion before the Interna? tional Conference of Cotton Growers and Spinners. Spinners representing hundreds of mills and mlllionis of spindles told the planters that they were not only billing but anxlois to buy their cot? ton direct uom tue planter, just as soon as the planter can deliver di? rect. Big planters and representatives of the Farmers' union told the spin? ners of Europe that already they were organised, had built a chain of cotton warehouses, had perfected a business system by which the spinners could purchase an almost unlimited supply of cotton, and were ready to eliminate the antiquated method of selling throught a middle man, "But," said Herr Arthur Muffler of Vienna, "if you planters wish to trade direct with us you must give us bet? ter service than the merchant." Action furthering this condition took concrete form in the unanimous adoption by the conference of a reso? lution presented by the committee on trade relations between growers and spinners. This resolution declared that much of the present difficulty in handling cotton could he eliminat? ed if the growers would adopt what is known as +he warehouse system and establish selling agents in Europe and America. An essential part of this scheme ia the adoption of a standard type of contract, classification of cotton by grade and color alone, the unit to be 50,000 pounds Instead of 100 bales net weight, and the handling of damp cotton under uniform rules. These points were embodied in the resolu? tions presented by the committe on transportation, and these also were unanimously adopted by tlje confer? ence. Thus two long steps In the great work of the conference, the ralsfng of ths standard of cotton delivered to the spinners, and simpler and more ? y fflomtcal methods of handling, In? volving a saving, t is asserted, of something like S25,U"u,uuo. a year were taken. The great work of the conference yet remains to be done. This is final action on the general subject of growing and handling cotton. Reso? lutions bearing on this were presented at today's session by the committee to which the subject was referred apd after somewhat protracted discussion were ordered printed and will come up for 'f?rther discussion tomorrow, with the probabilities that the confer? ence will devote moat of the final day*3 session to their consideration. The recommendations of this committee embodied the following points: That planters select and save their seed for the next crop, to insure a high standard. . \ *> That freshly picked cotton be hous? ed from'40 to 60 days before ship? ment That planters as fast as possible, either as individuals or in communi? ties, adopt gin-compressing and the Egyptian form of bale. The latter means, in effect, ginning and com? pressing on the plantation. The committee on buying and sell? ing, to which was referred Congress? man Hefiin's resolution, which is against cotton speculation, adopted the resolution and then referred it to the subcommittee appointed yestrday, of which Mr. Heflln is chairman, for further action. This means that the subject will be debated on the floor of the conference. Spinners and planters alternated to? day in putting forward their side of the question of cotton growing and spinning. Addresses were made by Thomaj Coates and William Howarth of Eng? land, Herr Kuffler of Austria, rep? resenting the spinners; E. A. Calvin of Houston, Tex., and T. J. Brooks, representing the Farmers' union; and E. D. Smith of South Carolina, who warmly defended 15 cents cotton. Samuel T. Hubbard of the New York cotton exchange and Mark H. Thom? as of Houston, Tex., defended cotton exchanges. Speculation, said Mr. Hubbard. could never be abolished; it wa-? nature's way of forwarding civil? ization and the elimination of specu? lation would reduce the ratio of buy? ers. The conference tomorrow will meet at 9 a. m. and final adjournment will take place late in the afternoon. ?Does your ba? K ache? Dou you feel tired and drowsy and lacking in ambition? If so, there is m met hing wrong with your kidneys. DeWllt'a Kb Iney ind Madder Pills relieve backache, weak kidneys and Inflam? mation ><T (ie hladd* r. \ v\. ? k *n fiit lt? cents Sold bj all drug? gists. COTTON CONG HESS RESULTS. English Spinners to Buy Direct Prom the Producers. Atlanta, da.. Oct. 10.?Immediat ind practical results of the Interns* :ional Conftrencs of Cotton Growers and Spinners which closed yesterda) d veloped today in a conference held by the executive board of the Farm? ers* Educational and Cooperative un? ion and H. W. Macalister of Man? chester, England, one of the chief ex? perts on splnnahle grades of cotton, with the European delegation to the late conference. The object of the conference was to perfect and as speedily as possible to agree upon terms whereby the growers of the union could deal direct with the Eu? ropean consumers. It was stafed by the union's officers that already the union had arranged to locate an agent In England; that a central agency had been established in Memphis and that this office will not'fy the European agency of all cotton ready for sale. Mr. Macalister guaranteed that all cotton offered would be bought. He explained, however, that the cotton offered by the union must conform with the grades sold, and that the baling and compressing must be in accordance with the terms adopted by the conference. This was agreed to.?The State. WALL STREET CURSE TO SOUTH. Mayor Roddey of Rock Hill Formerly a Broker, Wires Warning to Harvle Jordan. Rock Hill, Oct. 8.?It has been cur? rent gossip on the streets that among the number going into convention with the cotton spinners, in Atlanta today are members of a big stock, ex? change firm of New York. These men are neither consumers nor growers and are just now being looked upon fas enemies of the cotton planter and consequently it is causing speculation as to why they are in the convention, or at least with the members. Mayor Roddey of this city, who is now a cotton buyer, but who was for? merly a broker in New York, is much interested in the way the exchanges are working the Southern farmer, for he knows the ins and outs of "the street." Yesterday morning he sent the following telegram: Harvle Jordan, Atlanta, Ga.: Pardon, but by what right do New York cotton exchange gamblers?the greatest curse known to the South? j-ot Into your convention? John T. Rodii y Speaking of cotton, your cones pondent was told ? person Inf -nil d on the subject that outside ol contract deliveries less man do bates had been sold in this city last week. This is less than 10 per cent, of the usual sales for the first week in Oc? tober. The farmers hereabouts are holding for the price.?The State. railway Legislation fails. The Convention of State Railroad Commissioners Do Not Agree as to Legislation and Investigation. Washington, Oct. 11.?A hopeless failure to agree upon a plan for rail? road investigation and legislation marked today's closing deliberations in the State railroad commissioners' convention. The only point upon which there was harmony was the objection to Roosevelt's plan of entire federal control. Concerning the va? riation of railroad earnings In differ? ent districts the rate committee re? ported, "Federal control is impossible without amending the constitution, to which the committee does not be? lieve the States will concede." THE MAGILLS CASE. Attorneys Agree to Abandon all Hope of Conviction In the First Degree. Decatur, Ills., Oct. 9.?As a rosult of a conference, It is apparent today that the attorneys for the Stale in the trial of Fred Magill and his bride, F?yne Graham Magill, for con? spiracy to remove Maglll'p first wife, will abandon the attempt to gain a conviction of murder In the first degree and devote nil en? ergies to showing that Magill cut his wife to end the suicide pact, \Nh;ch he failed to carry out. Maglll's attorneys will charge *hat the prosecution is the result of a plot of some relatives to bar him from Inheriting the half million fortune from hlr widowed aunt. Rev. M. R. Ely, of Char\eston, will advertise this State at the Jamestown Exposition by mans of a map he has made showing the resources and ad? vantages of South Carolina. He will attend the convention of the Chris? tian church in Norfolk. Hard Tlines in Kansas. ?The old times of grasshoppers and drouth are almost forgotten in the prosperous Kansas of today; :?l fhough a citizen of Codell, Earl Shamburg, has not forgotten a hard time he had. He says: 'i was worn out and discouraged by coughing ntghl and day, and could find no re? lief till I tried Dr. King's New Dis? covery, it took less than one buttle tn completely cure ine," The asfeat nnd Ii " t i ? liable cough and cold remedy and lung and throat heiler ever discovered. Guaranteed by Sl bert's Drug Store. 60c and 81, Ti il bottle free. A REAL CHI CCS c OMIXC. Curl IlMKonlxH'k ?: Wallace Uro?, to ITtSsl Sumter XoveSttbCV 1. The Carl < Hagembeck & Great Wal? lace Shows Combined, is being ad veitised to appear here in Sumter, S. C, on Nov% 1., "Circus day" is so universally wel? comed by the average being called human that it has come to be treated as a holiday in whatsoever place a big show pitches its tent. This city is not immune from the circus fever, and especially when the popular Carl Hagenbeck & Great Wallace Circus, visits here in which event the keys of the city are practi? cally turned over to the show. With? out -asting any reflection upon the merits of other shows, it can be said the Hagenteck & Wallace always give the very best of satisfaction. The lib beral applause given almost continu? ously during its performaces eclipsed the J?pplaL->e ever eiven any other cir? cus. The Hagenbeck & Wallace Shows is truly great, and judging from the comments of the press this year, greater than ever. A fw days more and this big circus will have arrived on its special trains, and its city of white tents will spring up as if by magic. Its magnificent street parade will traverse the prin? cipal streets of the city, the gallop- { ing music ot its sveral bands and cal? liope will be heard, and the children, youth and other people will spend the day with their circus friends. Among the big acts to be seen with the Hagenbeck & Great Wallace Cir? cus this year are the Les Rowlandes, Imported Riders; Matsumoto's, an? other novelty from abroad; Miaco's clever and artistic. The Tasmanlans* unapproachable Statuesque Repro? ductions; Roda Royals' Equlnes; Mil He Ginnett; and a big ensemble of feature circus novelties. It Is gnerally conceded by all ex? perienced amusement caterers that It is a very difficult matter to procure really new circus acts. One trouble 1 Is thei: scarcity, and another la their cost. The newness, the novelty of an act, soon wears off, so that even the most sensational and original act of today will be an old and out of date trick three years hence. The originators and performers concerned with eacti new a traction are aware of this con? dition of the amusement market, and knowing that they must make hay while the sun shines, as their act will jhe ob* lets in a few y<.ars, they will de.man vry high salaries. To ltsidc-r*. ths salary may seem exorbi nt. bat the progressiv? circus man j : ra sich a- Hagenbeck & Wal? lace, long ago learned to pay the high salaries. They know that if they I j must have the greatest circus on earth they must pay the freight As an illustration of this condition we may refer- to the Les Rowlandes, who will be seen this season with the Hagnheck & Wallace Shows. They have originated an act that for novel? ty, daring and originality is unequal? led. They do not know what it Is to fear, and they could not be awkward in their work if they wanted to be so. The Les Rowlandes Include four women and three men. They appear in gorgeous costumes, and immediate? ly get busy, and in a very few seconds the circus patrons are amazed and spellbound by the truly phenomenal work of these remarkable performers. The act of Les Rowlandes for which Hagenbeck & Wallace pay an exceed? ingly extravagant price, Is the really original and only one of its kind to be seen throughout the wide world today, but In the course of a couple of years there will be many Imitators, ' and the novelty may have worn off, although It seems as If one w>uld nev? er tire of seeing the act presented by the original Les Rowlandes. The Carl Hagenbeck & Great Wal? lace Shows Combined, with scores of original feautres will exhibit in Sum? ter. S. C, Nov. 1. ?Thomas A. Edison, the great Amer? ican inventer, says: "fully 80 per cent Of the illness of mankind comeu from I eating Improper food or too much food; people are inclined to over-in? dulge themselves." This is where in? digestion finds its beginning in nearly every case. The stomach can do Just so much work and no more, and when you overload it. or when you eat the wrong kind of food, the digestive or? gans cannot possibly do the work de? manded of them. It is at such times that the stomach needs help; it de? mands help, and warns you by head? aches, belching, sour stomach, nau? sea and indigestion. Tou should at? tend to this at once by taking some? thing that will actually do the work for the stomach. Kodol will do this. It is a combination of natural digestants and vegetable acids and contains the same juices found In a healthy btom ich. It is pleasant to take. It di? gests what you eat. Sold by all drug? gists. There are 30.000 millionaires In this country. But what's the diiffer ence; this Is but a email percentage <?f the people who live like million? aires.-- Augusta Chronicle. ?Stomach troubles, heart and kid? ney ailments, can be quickly correct? ed with a prescription known to drug* l-i>:^ everywhere a-- l>r. Shoop'S Re? storative. The prompt an 1 surpris? ing r. lief which this remedy immo ,]\ itely le inars is entirely .lue to its restorative action upon the eontrol Hng n< n ->v- ? f the stomach, etc. Si? lt.it's n