The watchman and southron. (Sumter, S.C.) 1881-1930, February 24, 1909, Image 2
M UEN LA? KILLED.
OF THE LAW DIE
HARD.
Fight te Have the Law Protracted
I* to the Night and Many Strata
triad to Save It But All
la and Substitutes Wore
'Voted Down.
Columbia, Feb. I*.? After a three
faint, which may or may not
bean a filibuster to keep certain
bltla In the background, the
Ha has Anally decided to kill the
ksw. A great deal of time ban
leal and much of the most Im
leglslation of the session re?
ts be dons within two days?
mrevldtng the legislature adjourns
esaturday night. Nons of the three
SMtteoprtatlon and supply bills have
touched by the senate.
The tlea law repeal advocates gain?
s' a ceeaplete victory yesterday by
the Hen law section of the
repealed, the senate thus partly
lading Its action of the day be
The vote on the question waa
Iry reached aa the midnight hour
Sjqawffoaohed. The ayes and nays were
gast called for on the passage of the
hut on every motion previous to
they were demanded and much
waa consumed In the discussion
?ots upon the various amend
is a
la ths bill ss finally adopted the
m section ie repealed and there
a proviso that this shall not effect
made prior to January 1. 1910.
waa to throw safeguards around
amM transactions made prior to the
the measure goes Into ef
a?
The teat rote before the bill was
was en a motion to reconsider
meiiee whereby the senate killed
endment providing thst the
on be submitted to ths people
Mas State. Tbl? was tabled by s
of It to 14.
The friends of the repeal bill were
mach gratlAod at the over
lag victory of their side.
?T1 ef this fight on ths Hen law
sj ether important bila to be
When ths bill cams up for discus?
es ths pending question was wheth
r fr not the motion of Senator Rog?
er to saoept certain counties upon a
election thereon ahould pass.
Bates stated that the adop
of Senator Rogers' motion would
gast render the bill unconstitutional as
leehi beea suggested. The constitution
ssWbJds It subjects from being made
tlal oa local 'laws by the leglala
of theee refer to the Hen
r. the constitution provide*
that la any case where a general
would apply no special legislation
he enacted.
Benater Batee stated that he had
lined the court decisions upon
tllar questions.
general proposition Is: "Th?
tlon whether a general law can
ids applicable Is for ths legis?
ts decide."
Of course all this pertains to esses
feere a special law is not prohibited.
The question from the various de
leu seems to be left to the legis?
lature and not to the court* Senator
seate* pointed out genoral cases In the
Chatte J States courts where thla mat?
ter Vn some form or other had come
any for consideration.
Senator Bates referred to a ca?e
In i.hich ths Supreme Court held that
the exemption of certain counties
from the stock law was held to be
?otrstltutlonsl.
Benator Kirle read from Justice
Jones' decision In the State against
Burns. This decision practically is to I
the effect thst the special legislation
email not Interfere with the general
hnrmlty of the law In question. In
rrd to the stock law. aald Mr.
rle. ther* are different condition-'
ha various parts of the State. For
the reason the law can be mode uo
gdleebls to the different sections of
fme State. \
Senator Kelley in reply to the sen?
ator Worn Barnwell objected to the
In* down of his bill with amend?
ing He claimed the amendment
lid kill the bill, as to excepting
fjgrmin counties He had objected to
law ? isndrnent of Senator Clifton be
aatife he believed this would have
SMillifted the provisions of the bill.
it the bill would be unconstltu
ai with certain counties exempted
*h?? stand taken by Senator Kel?
ley. the author of the lien law repeal
hill He did not want the passage
ejf the law to occasion a "multiplicity
mi lew-suits '
llswator Laney and I anal Of Kelley
ea?in>>*?d In Home irnualnx Interlocu
ff remarks an to the queatlon of
Ite-w1ri> prohibition and |ggej op
it
its net or Otts offered an amendment
to the effect thst the whole question
ha submitted to a vote of the peo| i <
t a general eh ti -n held taxi An
??Let the peopl* say whetlei or not
ley w'll want a repeal of the lien
m." ?ald Mr. Otts "I am satisfied
Senator Rogers' amendment la
svdnpt'd ths law will be nullified. Let
the people spebk and thus we can set?
tle the question for at least a decade."
Senator Kelley atated that the peo?
ple of the State had already spoken
on this matter.
Senator Kelley moved to table the
amendment of Senator Rogers. The
vote resulted:
Ayes?Carlisle, Carpenter. Christ?
ensen. Crosson, Earle, Forrest, Gray
don, Hardln, Harvey, Johnstone, Kel?
ley. Lide. Mauldln, McKeithan. Muck
enfuse, Otts, Rainsford, Stewart, Sul?
livan. Summers, Waller, Wefcton?22.
Nuy.s?Appelt, Bass. Bates, Black,
Clifton, Griffin, Hough, Johnson, La
ney, Montgomery, Rogers, Sinkler,
Splvey. Walker?14.
So the senate laid on the table the
"local option" amendment of Senator
Rogers.
Senator Otts then offered his
amendment, which would give a State
referendum on the question of "lien
law repeal" or "no Hen law repeal."
If a majority of the people should
vote for the repeal of the law the
governor should then by order ratify
the repeal, but if the vote Is against
the repeal, then it should remain on
the statute books.
Senator Laney favored the referen?
dum and made extended remarks
thereon.
Senator Weston referred to the
question of local option, which he
said has nothing to do with the mat?
ter.
As to Ott's amendment, Senator
Weston characterised this as "an ab?
surd proposition."
"It would give the governor the
power to abrogate the law." said Mr.
Weaton. "And this is without paral?
lel. Lien merchants and farmers
would have already made and taken
liens whUe this matter is being sub?
mitted to the people."
Senator Splvey felt that the refer?
endum would be a happy solution of
the whole matter.
Senator Muckenfuss thought the
referendum unnecessary as the Hen
law was a "stump Issue." The fact
that senators were sent here argues
that their position Is Indorsed. Why
submit the question to the people? A
light vote, such as is always the case
In theee special elections, would not
necessarily stiow the true sentiment.
Senator Sullivan moved to lay Sen?
ator Otis' amendment on the table.
On this the vote reeulted:
Ayee?Carpenter. Christensen, Cros
aon. Earle. Forrest, Qraydon, Hardln,
Harvey. Hough, Johnstone. Kelley,
Ude. Mauldln. McKeithan, Rainsford,
Rogers, Sinkler, Stewart. Sullivan,
Summers. Walker, Waller, Weston?
It.
Nays?Appelt, Bass, Bates, Black,
Carlisle, Clifton, Griffin, Johnson, La?
ney, Montgomery, Otts, Splvey?12.
So the senate tabled the amend?
ment.
Senator Rogers moved to reconsid?
er the motion, whereby the senate
tabled the Otts amendment, and made
a speech thereon. He argued that the
passage of the repeal would be heard
In years to come. He has Investigated
the question very thoroughly. Has
found out the right side In this mat?
ter, and he made an appeal to the
senate to take care In their action.
Senator Clifton made one of his
characteristic humorous speeches.
t<>"ching upon the liquor law and oth
t questions of general Interest. He
Onally touched upon the measure In
Question, objecting to the forcing up?
on the counties the provisions there?
of.
The trend of Senator Clifton's re?
marks was for local self-govei
ment.
Senator Clifton had submitted an
amendment to submit the question of
Hen law or no Hen law to the counties
of the State simultaneously.
There arose some question as to a
disposition of the matter. It was 11
o'clock, and Senator Clifton was still
speaking. A motion to recur to the
morning hour was made and this was
lost by a vote of 17 to 14.
Senator Griffin explained his posi?
tion on the lien law on a question of
personal privilege. He referred to
the wishes of the people of his coun?
ty and at the time he had not voted
one way or the other on this question
his people were considering the mat?
ter, and as he was a servant of the
people, he wished to represent his
people.
He was of the opinion that the wish
for the repeal of the lien law came
from the wrong source.
>rv
It Is Interesting to note that in the
recent tax roll In New York Mrs. Rus?
sell Sage Is assessed for twice as
much an John D. Rockefeller. Mrs.
Ida A. Flagler Is down for $2.000,000.
The two daughters of the late Mr.
I i RSW and two daughters of the
Vanderbllts are the other millionaire
women. These women and others
not mentioned pay more taxes than
the Harrlmans. the Goulds, A st ?um
and J. Plerpont Morgan.
CASTOR IA
for Infant? and Children.
Us Kind You Han Always Bought
Bears the
Signature oi
THE GENERAL ASSEMBLY.
HOUSE BUSY CLEARING UP ODDS
AND ENDS.
Senator Otts Threatens to Keep Legis?
lature in Session .Until .He .Can
Force a Vote on His Prohibition
? BUI?Supply Bills Have Not Yel
Been Passed.
Columbia, Feb. 19.?Senator Sulli?
van's bill requiring ginneries to mark
cotton was killed in the house as wi re
Senator Weston's bill making the
burning of an insured building a fel?
ony and Senator Carlisle's bill doing
away with the forty days limit for
recording papers. Mr. Bryce has a
bill pending in the senate making
the limit twenty days. This will like?
ly pass amended to ten days which
will be acceptable to Mr. Eryce.
The House gave the second read?
ing to Senator Weston's factory in?
spector's bill. Mr. Irby tried* to
amend by having the inspectors in?
vestigate the charges that the oil
mills are putting hulls in meal, but
failed.
Debate In Senate.
Columbia, Feb. 19.?By a vote of
25 to 8 the senate refused Prohibition
Leader Otts* motion to have his State?
wide prohibition bill supercede the
bill to do away with the present mile?
age book regulations. The chair rul?
ed out of order Senator Mauldin's
motion to limit debate on the prohibi?
tion and mileage book bills to two
hours each. The senate then entered
upon the debate on the mileage bill.
Otts Makes Threats.
Columbia, Feb. 19.?After failing,
to get up his prohibition bill Senator
Otts said he would keep the general
assembly over through next week, if
necesssary to get a vote on his pro?
hibition bill.
Adjournment Not In Sight.
Columbia, Feb. 19.?There is prac?
tically no hope now of sine die ad?
journment tomorrow, unless the sen?
ate passes the supply bills this after?
noon, which is not likely. The mile?
age book bill didn't reach a vote.
Publication Forbidden.
Columbia, Feb. 19.?Senator Kel
ley's bill making the publication ol
the name of the victim of rape a mis?
demeanor becomes a law. The house
Is giving It it's final reading.
STANDARD OIL BILL.
Columbia, Feb. 19.?On Its final
reading in the house today a flghl
was made by Mr. C. A. Smith on Mr
Karle's bill directed at the Standard
Oil Co., to prevent it selling oil at dif?
ferent prices. The bill was passed
and ordered enrolled for ratification
TWO CLIFTON BILLS PASS.
Columbia, Feb. 19.?Senator Clif?
ton's bill regarding special masters
was killed in the house by a narrow
majority. His baggage and cottor
weighers bills got through and were
ordered ratified.
Columbia, Feb. 19.?After spending
practically the entire legislative da>
In consideration of the railroad rate
bin the senate tonight killed that pari
of the measure relating to a 2 1-2
cent rate, but left the section refer?
ring to the taking up of mileage cou?
pons on the trains. The indications
are that the whole bill will be killed
when debate thereon will be resumed
tomorrow. Although the senate had
by a close vote refused to table the
entire bill when the motion to pass
the bill to third reading was pending,
an amendment was offered and adopt?
ed which, in effect, struck out the
provision as to a 2 1-2 cent rate.
- V
Columbia, Feb. 20.?A sharp fight
was made on third reading in the
house on the factory inspection bill,
on account of the amendment making
it a misdemeanor for mill authori?
ties to discriminate against union em?
ployes. Mr. Cothran's motion to re?
commit was tabled by a vote of 58 to
26 and the bill was given the final
reading. There was also fights on the
mental anguish bill and that forbid?
ding the publication of the name of
the woman in rape cases, but both
passed.
The bill regulating fertilizer manu?
facture and sale was passed by the
house, and will become law. It Is a
bill the farmers have been after for
several years.
In the Senate.
After today's work the senate ad?
journs to Tuesday, night and the
house to Wednesday night.
The bill to do away with the limit
for recording papers was given the
final rending In the senate and was
amended tO make the limit ten days.
The senate passed to third reading
the house bill appropriating twenty
five thousand dollars to help poorer
BehOOla to Isngtbsn their terms.
By a VOte Of twenty to ten the sen?
ate refused to kill the bill doing away
with mileage book regulation. The
bill was passed to the third rending
as amended last night, which cuts out
reduction of maximum rate. This
loaves the railroads free to withdraw
the present reduced rate, which it is
understood they will do. The only
amendment made to the bill today
is that exempting roads not over fifty
miles in length.
Columbia, Feb. 19.?We have a re- |
markable situation in the legislature.
The members of the house are long?
ing to go home. They have worked
hard and faithfully, and did every?
thing possible so that they might ad?
journ tomorrow. If the assembly does
not adjourn tomorrow the fault is
not on the house side. The appro?
priation bill was over on the senate
side in ample time. The supply bill
could have gotten through the sen?
ate except for objection made there.
From 1886 to 1895 the sessions were
for 30 days with the exception of one
year. For four years after 1895 the
sessions were prolonged on account of
the new constitution. From 1899 un?
til this year the regular sessions have
never been extended beyond forty
I days, and now the senate insists up
I on an extraordinary session. Mem
I bers are put out that the senate did
I not today consider the supply, nor ap?
propriation bill. Members of the
I house insisted that it was buncombe,
I pure buncombe to talk about coming
I back next session, and the aouse hur
I rahed that it had practically finished
I its work, and had fully cleared its
I decks to go home tomorrow night.
The suggestion has been made that
I the senate is bluffing, and expects to
I adjourn by Sunday morning, but
I when the news came over that the
I senate had agreed to adjourn from to
I morrow noon until Tuesday night, the
I house did not know ho.w to get the
I senate to do anything except wait for
I the senate, as the bouse cannot ad
Ijourn without the senate. There were
I various and sundry efforts made to
I send the senate official notice that the
I house was ready to adjourn tomor
I row.
j Mr. Sawyer called up his resolution
I on the Calender, but Mr. M. L. Smith
I raised the point of order that the
I house was under the head of second
I reading bills, and that had been
I clinched and it could not lake up a
I resolution. The point was sustained
I and the resolution could not be con
I sldered.
Then a new motion to adjourn to
I morrow was tried, but could not be
? I considered, ten members objecting
I Then Mr. Rucker tried to get through
' I a motion that the clerk be instructed
I to convey a verbal message to the
I senate that the house was ready tc
I adjourn. But this was ruled to be
II out of order. The house could not
[ I get its official announcement to the
? I senate that it was longing to adjourr
II but it refused on a yea and nay vote
" I to agree of Mr. Fraser's motion that
II the house, when it adjourns tomor
? I row, meet again Wednesday. He die
I this, he argued, simply because he
I could not help himself, on account ol
' I the situation in the senate.
Columbia, Feb. 20.?The senate de
1 elded last night to take a recess until
! Tuesday evening at 8 o'clock when 11
recedes from business today at 12:3C
o'clock. This means that the time
? honored custom of 40 days' and 4(
r nights' sessions has been broken
! The senate will meet today for a brlel
L session, beginning at 10 o'clock, and
will return next week for busines.?
with no definite adjournment sine die
now In sight. Probably the senate
1 will not continue in session longei
1 than Saturday, February 27.
1 The state of affairs is about as fol
1 lows: The supply and appropriation
1 bills have not been yet considered in
1 the senate. An adjournment today
would have been necessarily Impos?
sible as In order for this to have been
! within the range of possibility the
supply bills would have had to be
considered yesterday. This was not
done. Members having important
i bills wished to get them up and the
result was that the appropriation and
supply bills were not taken up out of
their regular order for second read?
ing. They had not been on the desk
the necessay 24 hours and under the
i rules this point was raised. The rail?
road rate bill had been made a
special order yesterday and this hac
the right of way. The lien law dis
- cusslon had taken up three days, al
of which tendeo' to not allow the sup?
ply and appropriation hills to be con?
sidered.
The house last night refused to
adopt any resolution to adjourn. Mr.
Richards suggested that the house
adjourn until next Tuesday.
Mr. Rucker protested. It was an
injustice to the members of the house
to allow the senate to refuse to ad?
journ sine die. If They wanted to stay
over until Tuesday or Wednesday it
was up to the house to show what
they thought of it.
Mr. Fr?ser suggested Wednesday at
noon. Monday was a legal holiday,
and it was certain that the general
assembly was not going to adjourn
Saturday. The amendment was satis?
factory to Mr. Richards.
Mr. Sawyer wanted adjournment
Saturday. He would put the respon?
sibility where It belonged. It was
the fault of the other side that legis?
lation was postponed.
Mr. Richards called attention to
the fact that the house could not go
without the consent of the senate and
important bills had not yet been pass?
ed by that body.
Mr. Cosgrove argued for adjourn
agree to limit the discussion of the
State-wide prohibition bill to two
hours and then vote. I need not tell
this senate such is untrue, when I
earnestly urged and instantly agreed
ment, holding that it was wrong to to the resolution proposed '. y the sen
hold the house here. On an aye and
nay vote of 48 to 4 2 the Richards res?
olution was ta bled.
Mr. Sawyers motion to adjourn
Saturday, which was on the calendar,
was ruled out of order, as was Mr.
Rucker's motion that the clerk of the
house notify the senate that house
was ready to ajourn. The point was
raised by Mr. M. L. Smith. Mr. Cos
grove's motion that the house ad?
journ Saturday was objected to by
ten members.
The house refused to continue all
second reading bills.
The house killed Senator Carlisle's
bill to declare the word "heirs" un
necessasry in fee simple convey?
ances.
Mr. Otts Explains Position.
Senator Otts rose to a question of
personal privilege in the senate last
evening and E.nswered the charge that
he has blocked legislation by not al?
lowing the supply bill to come up.
Senato Otts said:
"I have been a member of the
house of representatives or of the
ator from QreenvMe, and the oppo?
sition came from t ie senators who
are opposed to the prohibition bill,
and ths point of order. came from
that stds and not from the prohibi?
tion is; s.
"I did object to the consideration
of the supply bill, which I had a right
to do under the rules of the senate,
because I believe that a quorum can
not be kept here after the supply bill
is passed. This bill was kept in the
house of representatives by the dila?
tory tactics of its opponents. It came
to the senate just befoie the noon re?
cess on yesterday. Yesterday after?
noon I convened the committee on
police regulations and reported the
bill at the night session. This morn?
ing it was on the desk of senators less
than 24 hours. That was mother
reason why I favored the resolution
proposed by the senator from Green?
ville. But I say now, deliberately,
that I shall use every power conferred
upon me by the rules of the senate
to keep this assembly from adjourn?
ing until a vote is had on the pro
senate off and on since 189 4, when I ] hibition bills. I have as great a de
was first elected a member from the sire to go home as any senator on this
County of Union, and this is the first floor, and professional reasons, my
time I have ever felt impelled to rise j court convening for a three weeks'
to a question of personal privilege.
term next Monday. But for me to
"I have just been informed by the j have sat in my seat and allowed this
speaker of the house of representa- j senate to adjourn without acting up
tive8 that I am responsible for this ' on the house bill would have been for
general assembly not adjourning sine me to have played a traitor to the
die on tomorrow, because I this ; cause of prohibition, and every sen
morning refused to accede to the , ator on this floor knows lt. I have
proposition to take up the rate bill j only done my duty as I see It, and I
and discuss It for two hours and then , shall continue to do so, if there is no
vote upon it; and also refused to adjournment until June."
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This is why you see paint coming off of houses in
from one to three years.
Why buy brands of paint that have sprung up in the
last few years just because you can get them for a few cents
less per gallon, and run the risk of their standing, when
you can buy the old reliable?
Sherwin-Williams
Which has stood the test for years.
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Specify Sherwin-Williams paints, use strictly pure
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SUMTER. -:- -:- -:- , S. C.