Historical Newspapers of South Carolina

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my ASf. 1.1881. 11?Promptly at of Be* Iras* QeU Tom and called y member ?a#.?e%a?jac n# chaplain, Ror. R. .ML FM* edtored a prayer for Ute to tmt) legtstetfrs tlTalra M. ft Whejay then called the of Terk was er after the the invitation t fey the of tty ?etjfy dor. Anal tint the tt*P aasmal ra see age from the wnldii was read by the clerk Bee "Bttmbera, printed the first toteres* from folio wing new members were In: IS. B. Wanuamaker. J. M. Botin?, of Lex deceased; F. A. Bryant, who John Marshall, of Charleston. N. W. Hardln, succeed rag Me Art bur of Cherokee, de : J. M. Major, succeeding J. L of Oreene/ood, resigned. I motion of Mr. B. F. Nicholson inw.it wss taken until noon noose of represents tires yester to tree the member* ?orl iigs water. The matificent erected by the city of (Mumble, as a sent ef Mee.000. was not cha ru? by a single member of the delegation, in fact one mem? ber seconded the proposition submit? ted by Mr. Nash of Spartanburg. pro rlding for water from the springs at a sent of II cents per gallon, the cooler? to be furnished free. Mr. Nssh's remarks were based Up? en the esertlon that drinking water for the use of the members came from a spring a few miles north of the city, entd spring cot being pure. Tho Rich land delegation had not read the re? port of the experts, Dre. Whipple and Barle, on th > purity of the water and the resolution, which required no sec cond, was endorsed, by Mr. ? in well Morrell and In the house the Impres ston rentalns that the water furnished by the nn??t filtration plant In the flouth is unfit for use. The feoueo alto gave the use of the hall for the meetings of the bar asso? ciation snd accepted an invitation to visit Winthrop college next Wutjrdn>. wa? lb? extent of the business rted la the lower house vester day morning. h THE SENATE. At the homr of noon yerterdsy the president ?f the senate, Lieut. Gov. T. O. McLcod. celled the upper brsnch ef the general as*embry t?? order. The following members were absent at roil esUI. O. K. Laney. Chesterfield; J. D. Blvens, Dorchester; Lelrand Q. Wal? ker. Oeorgev*wn; James ?tsckhou?. Marlon; J H. Karle, Oconeo; C. If. Carpenter. Picken?; W. U Bas*. W11? Itamsberg. The proceedings were opened with mymw by R*v. A. N. Brunsen, chap? lain. The preeldcut delivered a brio* ad drees, acknowledging his aprpeciatlon 4$ the many courtesies and sets of kindness shown blm In the past by gbe various eenatori anl expressing (Date 'Be Jas* an SUM*! hope that I ho deliberations of the senatorial body at this session would be governed by the sole purpose to safeguard the Interests of the people, referred to the financial crisis and that the manner" In which tho merchant, the farmer, ffie banker and all other Interests worked together In tho Interests of the general welfare of the Stats ems commendable and he Is proud of the fact that tho State !s to? day in a prosperous condition. An? nouncement was mads of the death of Senator Heynes of Berkeley and thai the senate would at a subse? quent date pay proper tribute to his memory The senate waa declared ready for the transaction of business and the clerk. Oen. R. A. Hemphill, waa In? structed to notify the house of repre? sentatives accordingly. Senator Johnson of Falrfleld an? nounced that the senator-elect of Florence. Hon. Nathan 8. Gibson, was preeent and ready to take the oath of (office. The latter waa escorted to the bar of the senate by the sergeant-at arms and waa sworn In. Mr. Gibson is a middle aged man and waa elected to fill the vacancy caused by the resignation of Senator Walter H. Weis, who waa appointed solicitor of the third circuit. On mction of Senator Carlisle, Sen ator Gibson was given the same com? mittee appointments that were held hp his predecessor, ga follows: educa? tion. Judiciary, railroads and Internal Improvements, Incorporations. Senator-elect Joseph A. Harvey o? Berkeley was not preeent to be sworn In. He ;e expected to be on hand In time tot today'a session. Pr?sident McLeod announced the 'foliowing; appointments for the see Islon: Journal clerk, G. R. Moore, Ho? nen Path; bill clerk. Rev. e\ W I Stokes, Spat tan burg: secretary to I president. J. T. Meehan. Columbia. I doorkeepers, Peter Sandern, Centen lary: M. B. McDonald. Columlla; J. O. I Brown, Cheater; mall carrier. X. O. I Pylss, Cehsmbte; pages, J. P. Derham, Jr.. Oresneia; Carl A Dreher, Lsx Ih^un^nylshorera. Jack PrcssnVy. sCdge I Poster, Laurena. I Announcement waa made that Mr. I W. H. Stewart of Rook Hill, rending I clerk, had recently undergone an op I "ration for appendicitis and would I not be able to attend to his denies In I the senate befor? Monday of next I week. In his absence his duties were I performed by another official of the I senate. I After the reading of the governor's I message, which was listened to with I the customary attentlveneaa. Senator I Raysor made a motion to recommit I all bills cn the calendar to the commlt I tees from which they were previously I reported. Senator Graydon objected I to this motion on the ground that It I would mean the unnecessary delay of I business. The motion waa put and I carried by a viva voce vote. I Senator Bleaso offered a resolution Iasking for en investigation of the de I lay la delivering the journals of the I senate and house; to ascertain If tho I tournel clerks of the two bodies were I In any way responsible for the delay j and to provide suitable punshment I for any nogtlgenco discovered; fur Hi? er, that in the future the Journals of I both houses must be printed and de ? j livered before June 15 of each year. Immediate consideration was asked I for but on objection by Senator Gray I don this was denied. By request of I the author it was then referred to the I commute on printing. A resolution was adopted requesting I the committee on privileges and elec I tlons of both houses to ascertain what I offices are to be filled by the general I arscmbly a-u to make a report at as II arly a date as possible. Senate l Blease offered the following I concurrent resolution, which was I adopted: "Requesting the c - - 'ttces pf the I senate and house on ed alion to in ntftlgate the advisability of one ?et of I trustees managing all of the State in Utltutlons of higher education, to wit: I South Carolina university, South Car I ollna Military academy. Clemson col I legt-, Winthrop geUffJg and the Color led Normal and Industrial college and I to rrpon as early as convenient at I thbi session." , The Invitation of Gov. Ansel, chalr I n an of the board of trustees of Win? throp, to visit that collegt in a body |n*xt Saturday was accepted and Sen I ator lince was appointed to att?nd to I the details so far an the senate Is cou Icerned. H At 1.1C the nenate adjourned to meet I today at noon. ?;< n Stephen D. Lee Is cn a visit to his brother in cjreenwood. He will villi Columbia while the legislature Is In session in the Interest of erect? ing a monument to the CohfadSfglS dead at Vlcksburg. -... .. id Fear not^Let all the ends Thou a In _%_ rER. S. 0.. WEDNES THE eOVERHOB'S MESSAGE. gov. ansel makks IMIfjRTAXT recommendations to the legislature. He Advocates Repeal of Lien Law, nn Extra Levy of Two Mills for State Purposes, Fairer A>scssruenfs of Property, tlie Enactment of a La? bor Contract Law anil the Amend? ment of the Carey-Cothran IMs penaari Law. Gov. Ansel's annual' message was read in both houses of the general as? sembly on Tuesday Immediately after the routine of organisation had been completed. Among the recommendations made by the governor are: 1. An extra 2 mill tax for State purposes for the next two years to pay ,the obligations of the State as they mature, so that hereafter It will not be necessary for tho State to borrow money to meet Its current expenditure, but to "pay as we go." 2. A special tax sufficient to pay the deficiency of several thousand dollars In tho revenues this year to meet the appropriations made by the General Assembly at Its last session in excess of the revenue derived front the last year's taxes. 3. The adoption of "the Inquisitorial plan" In the assessment of all proper? ty for taxation. 4. The adoption of a stringent Act providing for the punishment of both landlord and laborer for violations of labor ccntracts, and making it "mis? demeanor for one person to employ a laborer who Is under contract with another: such a law having been ren? dered necessary by the decision of the United States Court declaring the pre? sent law relating to labor contracts un? constitutional." ' 5. Tho repeal of the lien law, which "has long since accomplished the pur poses of Its enactment." and for the reason that its repeal would be "better for landlord and tenant." C. The amendment of the Carey-Co thran Act regulating the sat- of^lquor In this g,tato "so as to provide that not more than one cocui.ty dispensary shall be allowed In any county whore liquor Is allowed to be sold, except In {those counties wherej\hcre arc cities with a population exceeding *!5,000; such an amendment being, in the op? inion of the Governor, 'in the Interest of temperance." and minimizing ,4the sale of liquor In the county dlspencar rlcs and In the State." A further am? endment of the Act "providing that when an election Is held in any county under this Act. and the returns show that a majority of the voters cast their ballots to prohibit the sale in the said county, that the dispensaries shall be Immediately closed und kept closed until the matter shall finally ho de? termined bv the County Hoard of * I Canvassers, the State Board of Can? vassers, or by the Courts If resrrt be had to the Courts.** Further amend? ment of the lli|uor law will be recom? mended by the Governor by special message during the session of the Leg? islature i. The passage of an Act providing for new registration books in the sev? eral counties of the State, and reoui llng the Commissioners of Registra? tion in the several counties t revise the lists of names of the qualified vo? ters of the State. . The careful consideration r.f the educational needs of the State, and proper provision for the support of the several State institutions as recommen? ded in the reports of the State Super? intendent of Education, and the j'Joards of Trustees especially charged with the direction of these establishments. Among the other specific recommend? ations made by the Governor upon this subject Is the building of andhor dor? mitory for the Winthrop College for Women, the encouragement "in every way possible of Clemson College," and by inference, liberal appropriation tor the South Carolina Academy. ?. All needed appropriation* for this ??institution." the Institute for the Deaf and Dumb at Cedar Springs. S. C. 10. Proper support for the Colored State College at Ornngeburg. 11 The Mnalderaftoti of the Depart? ment of Immigration as a question of "great moment to out material and in? dustrial life,' the best soluti ?i> of the labor question being "the bringing in of Imme-seekers, home builders and desirable workmen " 12. The necessity of hotter accomm? odation:- for the Supreme -7ourt of the State, the ereetl m of a "neat and com? modlOUI brick building on the State House :troun Is for this purpose " and the appolntn ? nt of a commission to ascertain the e.-st .if a building suitable for the purpose, such a commission to report ils flndiugs to the General Asse? mbly next session. 13. A liberal appropriation f< r he needy "confederate veterans." t is t At be thy Country's, Thy God's am JDAY. JANUARY 16 1?. Favorable consideration of the needs of the military establishment of ihc State, and (if the recommendations made by the Adjutant Ceneral and the adoption of the amendment to the mil? itia laws as auggestcd by him 15. A liberal appropriation for the maintenance of the State Hospi.al for the Insane. 16. The appointment cf a State Health OiRcer whe shall give all of his attention to the work of caring for the public health. 17. A sufhei? i.t appropriation for the building of an industrial school at Florence in accordance with recomm? endations made by the Board of Trus ? tees of that, institution. 18. An increase of the salaries of the State officers and of the judges of the Supremo and Circuit Courts "to at least what they formerly were." "My accounts," says the governor, "will show that it costs me more than $1,000 a year over and above my salary to pay the expenses of living and of pro? viding for such entertainments und receptions as are necessary to the dig? nity of the position of governor of this State. 19. The appointment of a commis? sion to report to the General Asseme bly at Its next session for the purpose of Inquiring into the probable cost and the feasibility of erecting a new exe? cutive mansion on the present execu? tive lot, the present building, which was constructed fifty years ago, hav? ing long since served its purposes. 20. More power to the railroad commission for the purpose of com? pelling the railroads to comply wich tho reasonable ordere, rules and regu? lations made by the commission. tl. The adoption of measures that will provide for the establishment of a system of drainage In each of the counties of the State; there being 4,179 square miles of overflowed and swamp lands in South Carolina, which could bo reclaimed and made health? ful and arable by a well devised sys? tem of drainage. AN INTERESTING DECISION Of [ ^TTSGK RRAVYIjKY IN GltEEN V I ULK. In Case of Serujrgs vs. Sei ug^s of Fountain Inn?Wife Asked lor Money for Services In Store of Her Bankrupt 1ln?b:?tKl. Greenville, Jan. 10.?According to a decision Just handed down by Hon. Wm. H. Brawl^y, United States dis? trict judge of South Carolina, a wife | who works for her husband in the mercantile or any other business, has no legal claim whatsoever for compen? sation for the services rendered. Thla?eUclsion Is the outcome of the claim of Mrs. S. O. Scruggs, of Foun? tain Inn, against the bankrupt estate of her husband, J. L. Scruggs. Mr. Scruggs went into bankruptcy some six month ago, and among the many claims filed against his estate in the baniirupt court was that of hie wife, Mrs. S. G. Scruggs, for $554, for services rendered as a clerk tn the srtore of the bankrupt at Fountain Inn. The claim was contested by L K. Clyde. Esq., trustee, who made a vigorous light before Referee Hey? ward against the providing of the cl? aim. A. Bv'the, Esq., represented Mrs. Scruggs, and a hearing was had at a special meeting of tho court in No? vember. According to the testimony adduced at the time of the hearing there was a contract between Mi Scruggs and his a be by which . the latter was to be allowed compensa? tion lor her >ervlce^ as a clerk. Mr*. Scruggs proved that she worked in the store for over a year, her hus? band promising to allow tho money 1:1 accumulate and buy her a piano and som?? other things for the h"USS when her j-alary reached a sufficient amount. Tho stringent times prtof to Mr. Scrugg's petition In bankruptcy prevented nt:r from carrying <:i-t this I t >niise< und Mr.'. Scrugg-. filed he? claim along with other creditors. Mr. Clyde objected to the claim on several grounds, particularly on the ground that the claim was rtot valid one, for the reason that the services of a wife, rendered to her husband or in his business belongs to him, and thai if he paid for such services 11 was a gift and not. ns a matter of righi. Any contract for compensation, he conten? ded, was a void agreement, especially when the rights of creditors intervene. He argued that the relations and ob? ligations of husband and wife are fixed by law; the husband being repaired to protect and support his wife, and the wife in return must render service to her husband according to the repulro m.'iits of his station in life. Mr. Clyde ncys. His opinion sustaining the decis? ions of Referee ll.ywnrd, and disal? lowing Mrs. Scruggs' claim, has Just been filed . Among ?ther things Judge 11 raw ley says: d Truth's." THE TRU. 1908 New Se 'There is an implied contract Ifl every marriage that the husband is entitled to the services of his wife, without other compensation than sup? port and maintenance and the dis charge of other duties arising out of the material relation: and al? though the constitution secures to her property rights, in her separate property, and enables her to make contracts, as if unmarried, there is nothing either In it, or in the enabl? ing statuutea which relieves the wife advanced the interesting argument that in this respect the constitution of 1895 and the statutes based thereon in nc way changed the common law relat? ions of the husband and wife, and that the right of a wife to her earnings, ac? corded by the statute of 1887, applied only to what she earned by services to third parties. It was contended by Captain Bly the that the common law doctrine had been abrograted by the constitution of 1895 and the enabling statutes, and Mrs. Scruggs had just as much right to contract with Mr. Scruggs for her services as any other woman had. Referee Heyward in an interesting decision sustained the trusteee and the case went up on appeal to Judge Bra wley. The matter was argued before J him at the recent term of the fed I eral court, out was not decided at that time, the judge taking the papers and j requesting typewritten points and au? thorities from the contending attor of the common law duty of rendering services to her husband. "She is still his helpmeet; he is still entitled to her companionship and services, and is compelled to pro? tect and support her. She can con? tract to labor for others than her husband and tho product of such la? bor la her own, but she cannot be a wife and a hired servant to her hus? band at the same time." The Scruggs case on the whole has been one of the most interesting ever held in the bankrupt courts of the State. It is a remarkable case for many reasons. T? begin with, it ha* been discovered afterwards that Mr. Scruggs could havo worked his way out without filing a petition in bank? ruptcy, as his property was worth more than he owed. It Is now esti? mated that at the appraised value hi-: property will bring $6,700. The stock of goods in his store has been sold for $1,500, making a total of $8,200 in assets. The claims aggregate $7,500. So that after all costs have been paid each creditor will receive at least 80 per cent of his claim. Tho average per cent, paid upon claims in bank? ruptcy proceedings Is about 30 cent-: on the dollar. Since Mr. Scruggs went into bank? ruptcy, a mining expert discovered gold on his land and whoever gets che land at the public auction In February, when the property will be sold, may get a very valuable gold mine. The land was to have been sold in Octo? ber but the discovery of the yellow metal on the property brought about a change In the proceedings. It was thought that Mr. Scruggs would be able to raise the money to pay off the claims and save his land from being sold at public outcry, but this has not been done. At a recent meeting of th*? creditors in Referee HeywarJ's office a resolution was passed by the credit? ors to sell the land on salesday in February, to the highest bidder. SUSPICIOUS CHARACTERS AR? RESTED AT VAN WYCK. Had Kit of Burglars' Tools and Sup? ply of Nitroglycerine, Soap ami Cartridges. Van Wyck, Lancaster County, Fan. 9.?About a month ago Van Wyck was visited supposedly by a "spotter" for a gang of saf>-crackers. He came in the guise of a preacher and was re? ceived as such, but afterwards he turned out to be A beat, so Van Wyck people have been on the look out and tonight they captured five suspicious characters who were camping in the woods near by. It was found that four out of the five carried pistols with abundant supplies of cartridges and their grij * contained burglar's tools, nitrogly? cerine, laundry soap. etc. The gang is being closely guard* J until advices can be had from the nearest postotflcc Inspector as it Is practically certain these are part of the gang wanted by the postal autho? rities. The railroad commission's report shows that there were 3.208 miles of railroad in the state; 21 miles were constructed during the year ; past. Judge Stafford Of Washington will deliver an address before the South Carolina Hur association in Columbia next week. I i-? E SOUTHRON, Established Jane, UM rles-Vol. XXVII. ??2& BRYAN TO STAND PIT. SO HE DECLARES IN CHICAGO SPEECH. Reafhirued in Its Entirety the Demo* < ratio I Mut form of 189b. Substitut? ing "Quantitative Currency" for * "Free ggf***,". Chicago, Jan. 9.?William Jennlnga Bryan, in his speech before the Jeffer? son club at the banquet at the Audi? torium hotel last night reaffirmed in its entirety the Democratic platform of 1896, substituting only "quantatlve currency" for free si.ver and affirmed that "no power on earth, In heaven or hell," could shake his faith in the principles he there advocated. The fact that he is a live political factor today, Mr. Bryan attributes to his consistent and incorruptible ad? vocacy of the principles which first brought him before the public and a candidate for the presidency. Ae he did not dwell on the money question In that platform, which is reaffirmed l as the Democratic platform of 1908, but said Democrats at that time had advocated ' quantative currency" and that the principle they had contended for is already absolutely established In this country, call it what you will. "The men who despised tho 'fifty* cent dollar' in 1896," said Mr. Bryan, "ore now hungering and thirsting for I the dollar without any cents in It" He contended that the country's prosperity today is due entirely to the Increase in the volume of currency. The popularity of President Rnoee? velt, Mr. Bryan declared, woe due solely to the adoption of the principles that he himself had advocated in 1896, and that such popularity was due like? wise to the Democratic principles, which the president had adopted. "But he could not drive me off the platform 1 have advocated because I'm getting on it," said Mr. Bryan. PENITENTIA ItY REPORT Annual Inventory Of State Prison Made By Suprintendcnt Griffith. Capt. J. D. Griffith has completed hin annual Inventory of the assets of tnft state farms and other property of the I penitentiary. He is now working on his annual report and a few Intcrcst I ing facts have been obtained. The I \cmmittce of the board of directora I have made a* careful checking of no j financial reports and declaie the con* I ditlon of the ir.stitu ion to be entirely I satisfactjry. The year 1907 was Start* led with a cash balance of $?<4,562.90, land the receipts wei-* $80,07.%.IS Tho I running expense* were 70.953.6.1, and I the permanent impr? vements $14,420. I 98. a total of $85,C 7* ,51. Thi s loaves I cash on hand at the end of the year I $ .9,262.21. However, there may be \n*. I eluded in the asseU 101 hales of cot I ton. estimated to be worth $6,050 at . I actual weight and prevailing prices, . land $5,500 due from John M. Graham.., These two items, added to the cash I would make a total of $39,?12.?4 av I ail.tble assets. "Entirely apart form tho ? I above figures Capt. <lri:nth makes the. I following statement of expenses for I which the penitentiary should have I moral If not financial credit: Clem I son college, 33 c mvicts, 50 cents per I day for 312 "work days-?$5,148; shoe* land clothing for same $485 97. total I $5.633.97! A? a mutter of fact regular day 'aborers vai.not be employed steadily at :.0 cents per day. Another item for which no credit is given the penitentiary is .*s follows: Five men at state house. 312 days, $7><0; salary of guard, $<l ?0; xtra, 15 convicts for 43 days, $.122.50; two guards, extra, 43 days, $100.33. total $1,622.83. The I convicts furnished Tlemson college and the state hou.-e would therefore repre? sent $',256.$0 in cath to the peniten? tiary if otherwise applied. The per? manent improvements made during the year 11>'?7 aggregated $14.429.98,. STARTLING FIGURES. The Chicago Tiibuno cn .Wed? nesday morning in a summary of the accidents of the year, states that 57,915 persons have been killed and injured in accidents during the year, 35.612 having been killed and 22.? 307 injured. Some of the larger items of the list are as follows: Earthquakes, landslide*, etc., 21, 512 killed and 3,092 injured. Explosions and mine disasters, 8, 086 killed and 2,721 injured. Storms and lioods 4,209 killed and 1.563 Injured. Railroad wrecks, 811 killed and 2.639 injured. Automobile accidents. 229 killed and 704 Injured. Firearms, If) killed and 3,978 In* Jured. Among other deaths are 2.269 lo*t in wrecks of vessels and 492 in other drown ings.