Historical Newspapers of South Carolina

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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. aaasaaaaaaaaaaaaaaaaaaaaaa a a a a ? a a a a a a a a a a a a a a a a a a a a a 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.