tttlSIEPS LEGAL LIMIT
WUSIDKNT s "UlSWOWAi;' OF
Sr'KKCH IN CON'UltKSS CRIT
ICISKD.
The Constitution Very Plein?Pro
vuk'* That Utterances of Congress?
men Shu 11 So* be "Questioned l.i
Any Other Pia c."
From the Baltimore tfun.
Washington. Feb. 10.?The re?
sponse of the State Department to
the preteet by the Minister from Pan
t?a against the speech of Represen?
tative Henry T. Ralney. of Illinois, Is
?Objected to severe criticism In
Bashlngton today. T* e action ot thi
Stole Department In this matter Is
regarded as If coming from the Presr
ehmt himself and seems to be chnrac
terattic of that source of Inspiration.
The question of the warrant and
propriety of Representative Rfdney'a
speech Itself does not enter Into the
discussion. That speech might or
might not have been wnrranted, but
the question of Its propriety Is not
ets that can properly be discussed be?
tween an executive department of the
United State? Government and the
representative of a foreign govern
A strict senee of propriety and an
appreciation of the dignity of this
Government would preclude trie ac?
ceptance by the State Departm -nt of
a commitment ion from a forelg,- gov?
ernment protesting against or criti?
cising any action of Congress or any
member thereof, or if the lorrmun:
ontl'-n were receded the only rt
\poHht to It. If any re ponse could he
sporvse to It. If any response could bo
made, would be a morn citation of the
reference to the privileges and ?>
.sponstblllties of members of Con?
gress.
HkUtn apology by the executive
?ranch of the Government to a for?
eign power for the utterance of a
snember in :he Hull of Congress,
coupled with criticism and repudia
tkm of the ulterancee, trenches a*
cl'?se as poaeible upon a direct vl ?
sat Ion of a positive nandate of the
Cvnstitui! n, which the President an 1
-retry gvVrf officer of the Government
has taken an oath to support and de?
fend- Such a course, on the part of
the Executive, with reference to a co?
ordinate branch if the Government,
would bo greatly improper, even If
the Constitution were not to be con
aide red But the Constitution say*
"Thou shalt not " It says that for
say epoech or debate In either Houue
Senators and Representative* shall
cm v? questioned in any other place.'
fVctetarv Bacon displays his fanud
arity with this provision of the Con
stltutlos by quoting it in his letter,
snd having quoted It. disregards Km
mandate by repudiation* of and apol?
ogy for the speech complained of.
Oengross has become so accustom?
ed to Mr Roosevelt's methods and
ma men as not to be surprised or
shocked at any lack of dignity or of
propriety on his part and his unof
tics 1 criticism of men both In and
aut of Congress excites no special
?< nnderatlon except perhaps by some
of those he has personally affronted.
Attacks on public men. such a* that
arp?n Senatbr Perklna In a recent let?
ter to the Speaker of the California
Assembly sre regarded more or less
with contempt by men In Congress,
sat* membership In the Ananias Club,
by Mr. Roosevelt's ? nomination and
election, does not csrry with It the
disrepute which attachee to a charge
of falsehood made by a responsible
person.
In this Instance, however, there is
presented a formal official action in
violation of a provision of the Con?
stitution which is cited In the very
set of violence. and it Is
therefore deliberate. It moreover
Inv ites from a foreign government I
ssntiments of contempt for utterances
tu the American Congress. Presi?
dent Roosevelt has been protected
from official repudiation of his acts
by Congress through a desire to avoid
placing the Chief Executive of the
United Ststes In a humiliating poai
tkwi with reference to ferelgn coun
trlco. This wss conspicuous In the
adjustment of the San Domlngnn uf
fair when s treaty was patched up to
sorer over, and get rid of without
Stendal, his assumption of power to
make s t.eaty without the consent of
the Senate.
In all matters p? rtalnlng to our f S>
Sign relations Congress Is extnm !\
ratcful In Its official action to a
sn;/thlng which might tend to r.is
sradlt the BtOOUttrs In the eyes of a
forelan govornrn- i t or to bring the
ataecutlve Into SCOtempt, however i
ggggh It miKht be <<-i.l In tin
letter, however, the lrrespon*lblllt\ of
th? representatives of the people In |
Congress is contemptuously STOOlS m
sd to s foreign government In an of
Bclal letter signed by th?> Secretarj of
Stste. and. apeuklng as with authority,
for the Btstat Kovernment -not mere?
ly for the executive brunch?It la de
clsred In the name of the President
"tfcat the Government disavows nil
responsibility for the remark of Re
prtssntstlvs Ralney td which you re
i s
Uo authority rests with the Preel
dent of ihe United States to disavow
anything said or done in Congress.
As a cltiien, controlled only by such
sense of propriety as he may posses:
in consideration of his high position,
he may criticize any person in or out
of Congress with such characteriza?
tion of their conduct as may to him
Mem most fitting, unless he might be
restrained by the libel law which ho
has Invoked recently in defense of
self and friends. The House of Re?
presentatives alono has a right-to dis?
avow the utterance on the floor of the
House of any of its members and as
long a those utterances remain in
the Record, not having been expung?
ed, they must be regarded as responsi?
ble utterances, not subject to official
repudiation by the Executive.
A 'declaration at this tlme'by the
Senate tnat the United States Govern?
ment is not responsible for any agree?
ment between President Rooseve't
and the Government of Japan which
haa not been ratified In the form of a
treaty by the Senate, would be strictly
true and warrunted under the pro?
visions of the Constitution. Yet such
a declaration would be calculated to
discredit Mr. Roosevelt before the
world and might have serious conse?
quences.
It would be regarded In Congress
as a gross violation of propriety and a
flagrant disregard of the dignity of n
co-ordinate branch of the government
for Congress to officially dlse.vow re?
sponsibility for the reckless, intem?
perate and undignified utterances and
acts of the present Chief Executive.
More or less chagrin may be felt on
account of the spectacle which Mr.
Roosevelt at times presents in the eyes
of the world, but it would be regarded
a? a national humiliation for Con?
frere to officially proclaim nn apology
to the world for the President's er
ratlclsm. There would be quite as
much propriety, however, In Con?
gress doing this as there hi in h>
apologlslng to a foreign government
for the action of any member of Con?
gress, and, moreover, It would not be
prohibited by the Constitution, as Is
tnis action of the State Department
with reference to Mr. Ralney.
TENNESSEE MURDER TRIAL
State Ulli Endeavor to Prove a Con?
spiracy to Kill earmark.
Nashville. Tenn., Feb. 15.?On the
eve of the trial of Duncan 13. Cooper,
Robin J. Cooper and John D. Sharp
for the slaying of Former Senator E
W. Carmack. the factions are figura?
tively resting on the oars. Most of
the witnesses for the State wrlh are
from a distance are In the 'city. ? The
others are on the way. Mm. E. W.
Carmack, wife of the slain editor,
arrived tonight and will sit behind
the attorneys for the State. Sam C.
Carmack, the dead man's brother,
and S. S. Carmack, a cousin, are new
here.
The State proposes to establish
first, the death of Senator Carmack
by the eye-witnesses. Then it will
begin to lay the foundation fo^* its
theory that the killing was the* re?
sult of a conspiracy. Just at thl.
point will come the big legal battle of
the trial. The defense propose* to
fight this contention from the start.
The laws of Tennessee upon conspi?
racy are said to be very liberal once
the groundwork is laid but this
foundation must be very strong.
The State's early witne?ses will be
Mrs. Eastman, with whom th j sena?
tor was talking when shot; Former
State Treasurer Ed Craig, who car?
ried Col. Cooper's threats to Senator
Carmack, a,nd Carey Folk, brother of
the State treasurer, who saw the de
fendar Is standing near the scene of
the tragedy a few moments before
It happened. Just what line the de?
fense will follow, except the broad
one ot self-defense, has not been an?
nounced, nor will It ho until the
State's case In chief is made.
Attorneys for both sides were in
conference until late tonight. Roth
fides also have in their employ secret
agentg in numbers and every Strang?
er In the city Is subject to close scru?
tiny and espionage. There Is little or
no display of feeling in public.
The court officials have' prepared
to take care of large crowds. Judge
Hart has ordered that only m many
I as can be accommodated with se its
will be admitted to the court room.
No tickets will be issued and thot I
who arrive first will get the prizes.
A Domestic Dilemma.
A Philadelphia woman, P/hOMgiven
name Is Mary, as ,s also the name of
her fsfMlghter. hid recently em.' t . a
domestic, when to her embarrass?
ment, she discovered that the sei
vnnt's name. too. was Mary.
Whereupon there snsued ? struggle
to Indue the applicant to relinquish
her Idea that she must he addressed
by her Christian name. FOf SOntc
time she wns rigidly un? ompromlslng.
"1'iider the clrcum t.i ices," suid the
lady or the house, "there is nothing to
I do but to follow the English custom
and call you by your last name. Hy
the way, what Is It?"
"Well, mum." answered the girl,
dubiously, "it's 'Darling.' "?Harper s
Weekly.
SUMTER COTTON WEIGHERS.
TEXT OF THE HILL \o\V BEFORK
LBGISLATI7RB.
11 Provltte for the Election of Two
Cotton Weighers OH ?)aly First Al?
though Terms Of Weighers Now In
Office Do Not Bgpftlt Then.
A bill to provide for the election of
public cotton Weighers in the City
and County of Sumter, prescribe
their duties, providing tho manner
ind means of weighing cotton, and to
tlx penalty.
Be it enacted by the general assem?
bly of the State of South Carolina:
Sec. 1. That upon the petition of
twenty-five or more qualified electors,
who are growers of eoltton and reside
within five miles of any place in
which there may be a cotton market,
the county board of commissioners of
Sumter County may elect a cotton
weigher, whose term of office shall be
for two years and until the election
and qualification of his successor; no
one shall be elected weigher under
this act who is related by blood or
marriage to any member of the
county board of commissioners of
said county: Provided, That for the
City of Sumter the county board of
commissioners of Sumter County
shall, on July 1st, 1909, elect two cot?
ton weighers for said city, whov?
duties shall oe as herein prescribed,
one of which weighers shall be elect?
ed upon the recommendation of the
city council of the city of Sumter;
.hat the term of office of the weigh
irfl of the City of Sumter shall be for
i term of two and three years, and
until his or their successor, or succc^
sors, he elected and qualified; thit
the eh .Ice of sum terms shall be de?
termined by lot by the two weighers
so elected,
Sec. 2. Before entering upon the
duties of his office each cotton weigh?
er shall be legally sworn to discharge
the duties of the position by some of?
ficer authorized to administer oaths,
and shall enter into bond in the sum
of three hundred dollars for the
faithful performance of his duties
weich bond shall be approved by the
oounty board of commissioners in
which it is given, and filed with the
clerk of the court of. such County In
which such market may be located.
Each weigher or weighers jointly
shall receive as compensation for his
services not more than ten cents for
each bale weighed, to h? fixed by the
county board of commissioners, the
same to be paid In equal proportion
by the seller and buyer: Provided,
Nothing herein contained shall ap?
ply to sales made on plantations or at
cotton mills.
tee. 3. It shall be the duty of the
weigher or weighers at each mrket
having a weigher or weighers with a
platform or platforms with sufficient
facilities, including a set of scales for
each weigher, so that said cotton shall
I expedltlously handled at a mini?
mum cost, at which platform or plat?
forms all cotton sold In said market
shall be weighed. It shall be the
duty of each weigher to weigh fair?
ly and promptly all cotton sold in
SSld market or markets, issuing his
own ticket therefor, showing the
eight of each bale or package of
totton weighed. It shall be the duty
?f such weighers to adjust any dlffer
;nce between sellers and buyers as to
moisture, mixed and false packing or
damage. In case of Inability from
sickness or other cause, and from the
first day of March to the first day of
September of each year, a weigher
may appoint a deputy, who shall take
before entering upon his duties, the
usual oath of the office in the manner
required of the weigher. The elected
weigher shall be responsible on his
bond for the official set! of his de?
puty. Each weigher or his deputy
shall _ devote his exclusive attention
to the duties of his office during the
cotton marketing season. Each
weigher shall test his scales once a
month by the standards In tt\e office
of the clerk of the court as provided
by law: Provided. That the county
board of commissioners may for good
and sufficient cause shown. remove
any such public cotton weigher from
his office, after first giving iUCh
\v(e|nher at least ten days' notice to
snow cause why hfl ihould not 1 e re?
moved; and shall have power to fill
any vacancy occurring In the ofllCfl of
public cotton weigner as soon there?
in t?r as practicable,
Sir. 4. That the county board ol
commissioners of any oounty may en?
ter Into a binding and valid contract
for a term of years not exceeding ten,
with one or more psrsoni of corpo?
ration! to furnish a platform Of such
sl/.c and Capacity :is said board Of
county commissioners may deem suf?
ficient for the sxpedltoui handling of
the cotton coming Into said market
for the use of which platform the
said person*; or corporations shall re?
ceive as compensation B sum not ex?
ceeding one-half of the charge made
in such county for the weighing of
cotton, which shall be fixed by the
county board of commissioners ami
be paid by the weigher or weighers
weighing such cotton: Provided, That
no cotton shall be allowed to remain
on the platform longer than twenty
four (24) hours except upon beim?
subject to a charge of one-half Of one
per cent, per bale for each day Of
fractional part thereof in excess of
twenty-four (14) hours up to five
days, and of one cent per bale for
each succeeding day or fractional
part thereof: Provided, further, Thai
such cotton weigher or weighers for
such cotton market shall be required
to number and mark at time of
weighing. With not more than tin-,
letters, as indicated by tai;^jjhr othei
instructions of buyer of each bale of
cotton, and to keep the cotton of
each buyer together, to facilitate
prompt shipment: Provided, furth?
er, That regular buyers and exporters
of cotton shall be required to furnish
stencils and marking materials for
properly marking and numbering the
cotton bought by them.
Sec. 5. Any person, persons or
agents of any corporation weighing
or allowing cotton to be weighed In
any cotton market having a public
weigher except as herein provided
shall be deemed guilty of a misde?
meanor, and, upon conviction thereof,
shall be fined not less than five nor
more than ten dollars, or imprisoned
for not more than five days.
Sec. 6. That all Acts and parts of
.Acts inconsistent herewith be, and
the same hereby are, repealed.
SO "BANG" FROM THESE GVXS.
Maxim Slips On Silencer And Report
Is Ml.
Xew York, Feb. 9.?Hiram Peicy
Maxim ga\e a public demonstration
for the the first time yesterday of his
recent invention by which he makes
all ordinary fire-arms practically
noiseless, The demonstration was
given In the QfflCf library of his law
i\\-a, Redding, Greely & Austin, in
I'ark ROW, and was witnessed b)
about 100 sportsmen, scientists, inven?
tors and presi represi ntatives.
in his tests Mr. Maxim used all the
standard models of military and sport?
ing ritiea manufactured in this coun?
try and Europe, and by the use of
his device, attached to the muzzle end
of the barrel, he fired the largest
shoulder guns in modern use with a
report less than would dome from the
whizzing snap of a toy ai~ pistol.
The 20 or more weapons employed
In the test ranged from a 22-caliber
Winchester target rifle to the eight
millimeter Mauser and the .30 Spring?
field military rifle, the standard gun
of the army. FirBt they were fired
without the attachment, and with the
highpower guns the report was almost
deafening. Then the "silencer" was
slipped on the end )f the barrel, and
with the same size cartridge the re?
port was scarcely loud enough to
awaken a sleeping baby.
Mr. Maxim's invention does not
consist of a new type of gun, as many
had supposed. He explained that he
had purposely withheld any dcflniK
information about the device until
foreign patents could be obtained, but
now that they were procured, he was
ready to give the secret to the world.
Tin- device, which he calls a "si?
lencer," looks like a small section of
highly polished gas pipe and is mere?
ly screwed on the end of a barrel. For
an ordinary small sporting rifle the
silencer is 4 inches long. 1 3-8 inches
In diameter and weighs about 5 1-2
ounches. It may be carried in the
waist-coat pocket like a fountain pen
and put on or taken off in five sec?
onds. To fit it to any rifle it is only
necessary to cut a small screw thread
at the end of the barrel. Mr. Maxim
says the attachment does not cause
any loss of velocity, accuracy or pen?
etration, and that it diminishes the
recoil at least 50 per cent, and does
away with the blast from the muzzle
almost entirely.
Mr. Maxim explained that the prin?
ciple Is merely that of centrifugal
force. The powder gases, instead of
escaping explosively from the muzzle
of the gun, which produces the loud
report, are caught in the silencer and
whirled rapidly about through small
grooves or apaitments and discharg?
ed gradually. These small compart?
ments are formed by steel discs In?
side the tube, the hole for the bullet
passing through the centre.
"The real principle of the thing,"
said Mr. Maxim, "is precisely that
which prevents water running out of
a set bowl vvhen you pull the stopper
out and the water Is whirling around
In the bowl. The exploded gases, af?
ter being made to whirl around in the
silencer, cannot escape suddenly. Sim?
ply reverse the process In a turbine
and you have it. It Is really a nega?
tive turbine."
SAY I! \Hit! MAN OW N S i\ C. ? C.
Reported in Bpartanburg That Re
Has Bonglti it From Ryan,
Bpartanburg, Feb. 15. Et is gen
erally reported in railroad clrch -
here that K. 11. Harriman, the great
railroad magnate, has purchased the
Carolina, Clinohfleld and Ohio road.
A cltlsen who has been in (dose to u h
with the C. (/. and (>. road said that
the purchase of the road by Mr. Har?
riman would not in any way affect
the construction of the road. He ^ald
he believed If Mr. Harriman has pur?
chased the road that the line would
soon be extended to Charleston.
( ruin Men Not HiitliusiaKti<\
The Republicans lay that they in
tend to confirm Crura, hut it la appar-1
ent that their heart is not in their '
fight. A great deal of sympathy for]
the Southern position has grown up in '
the Republican ranks of the SSnat .
and were it not for the fact that these
Republicans are afraid that they may
embarrass Secretary Taft by putting
up to him the proposition of either
appointing Crum or a white man, it
would be an Sgsy matter now to have
the nomination rejected. Republicans
who wish to save Mr. Taft emba. rai ?
ment, and Rooseve'.t senators who arc
working this argument of embarrass?
ment to Taft for all it Is worth, are
saying to their Republican colleague
"If you put this up to Mr. Taft, he will
alienate the negroes if. he should turn
Crum down, and he would alienate
the South by appointing him."
This is the very proposition the
Democrats wish Mr. Taft to solve.
They wish to give him an opportunity
to make good his words of affection
for the Southern people. They want
to find out early in his administration
whether he intends to appoint negroes
to large Federal orfices in the South.?
Taitimore Sun.
The BflSley Coiton Mdl of Bsstsjr,
S3. C, is planning to build a big ad?
dition to its present plant of 3 7,714
tplndlea ami 1.020 looms. This ad?
dition will provide modern buildings
for an equipment of 25,000 spindles
and 600 looms for the manufacture
of sheetings, which the company Is
not! I rmufacturing. Electric power
will be used. The additional piant
w ill probably cost $500.000 an 1 Joseph
K. Sirrine, Greenville, S. C, Is to be
engineer in charge. The addition has
not been definitely determined, but it
will probably be built.
As good eat the devil a;
he is boiled in.?Dutch.
the broCi
J The Wadesboro (N. C.) cotton mill
is reported as to add 1,000 spindles
and accompanying machinery.
ANNOUNCEMENT.
CECIL'S BUSINESS SCHOOL will close Jnne 1st for the gam?
mer months, and, bs a Ipsejgl inducement to any who contemplate
taking n Basinets Ceuree, we offer exceptio! ally low rates for
the remainder oi the term. Tbree montrs is ample time to com?
plete the Course, and Only by Sperr.I tortrfct Will Studenls be Re?
ceived Aftr r March Ist. t tbose who enter in the meantime will
have tdvantpgc of our spr MAL INDUCEMENT, and will, at a small
f-acrif ce, get full benefit of oor Commercial Course.
MOM NOW UNTIL MARCH 1st IS YOUR TIME TO 0ECI0E-If in?
terested, get ba>y. "To-day is your opportunity; to-morrow some
other fellow's, M
Cecil's Business ScKool.
A Scratch of Your Pen
5 and Your Bills are Paid.
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That's all you have to do if you have a checking ac
N? count in our bank.
It's a more convenient and a more business like
method than carry iug so much cunency with you,
besides it gives one a little thrill of pride to have
money in the bank with which to pay one's bills.
We.ask you to give it a trial.
Fir^t National Banks
SUMTER.
Gapiial and Surplus $173,000?
Deposits $325,000.
B0Q G|
A \m GENERALLY BETS WHAT HE GOES AFTER,
IF HE GOES HARD ENOUGH.
To keep an account with a safe, conservative bank, is
a valuable asset to any business man.
Let your money become a developer. Get interest on
your savings Tay your bills by checks
And when you need help in your business, your banker
stands ready to help you.
THE FARMERS' BANK & TRUST COMPANY
Offers Unexcelled Banking Facilities, Courteous Treatment,
and Solicits Your Account.
SsL
The Bank qf Sumter
Solicits Your Patronage.
Excellent Facilities. Farmer's Accounts a Specialty.
Policy Conservative, but Liberal.
.:. Careful Attention to Depositors .:?
Capital $75.000. Surplus (over) $50,000
Deposits (over) $300,000.
R. I. Manning, Pres. Marion Moise, 1st V-P, R. F. Haynsworth. 2d Y. P.
W. F. Rhame, Cashier. Bartow Walsh, Teller.
AND
RETTJHN.
-TO
WASHINGTONS D. C.,
-VIA
ATLANTIC COAST LINE.
ACCOUNT INIUBOML CEREMONIES PRESIDENTELECT TAFT.
TICKETS ON BALE FEBRUARY tSth. M \m u ist, tod and ha,
FINAL LIMIT l o REACH ORIGINAL STARTING POINT not
l. \ i l l:,than MIDNIGHT MARCH uud.
GREAT
military
PARADE.
FOR FURTHER INFORMATION. RESERVATIONS. ETC.. CALL
11n NEAREST TICK BT AGENT ?>k WRITE,
W. J. CRAIG, Pas. Traf. Mgr. T. C. WHITE, Gen. Pas. Igt.
Wilmington, N. 0.