Historical Newspapers of South Carolina

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i Nr, HffMYKK WATf IIMAN, Itembll Consolidated Aug. 2,1 PaMUhKl NV.mIihmI-o and Saturday. ?BT? OSTEEN PUiLIMIWG COMPANY Sl'MTER. & C. Terse*: 9l.lt per annum?in advance. Advertisement*: 4ne Square first Insertion.$1.00 Every subsequent Insertion.50 Contracts for three months, or longer will be mide at reduced rates. All communications which sub eerre private Interests will be charged for ee advert leeu. en ts. Obituaries and i-tbutes of i Will be charged for. K \ \ \ ! i; hi I n.H I 111 %n Marylaial Senator Conclude* That Lorin? i via* Not I ? t;all> Elected Washington. Jan. ??Senator Isi? dor Hayner has finished reading the leettsnoay before the Committee on Privilegae and elections in the Lori sner oeee and has reached the conclu? sion that the report of the committee le not Justified by the facts and that l<orltter is not legally entitled to hie seat in the Senate. Leaving aside the morality of the methods used to bring about his elec? tion and aside from the question as to whether the Senate ahould retain ae a member ? man In whoee inter den open corrupthi and bribery, as the testimony Indicated, were employ? ed, Mr. Rayner reaches the conclu? sion the election of Lorlmer to be In? valid. so?J ho will so contend on the fleer of the Senate when the mat? ter 1 eomee up. Senator Bailey, of Texas, who elgned the whitewash re? port ae a member of the oommlttee, will take the other stde and the argu? ment ae to the constitutionality of rhetor's election, regard lees of Its ore uneavory passes, promises to one of the most Interesting fea? tures of the light. ? Mr. Hayner s contention Is this: The Legislature of Illinois is compos? ed of tOS members. To make hlc Oieetion valid under the Constitution i^erimer meet be able to ahow an un? tainted majority of All members elec? ted, which would be 101. Lorlmer actually received 101 rotes, but the report of the committee shows that seven of these are invalid?four of whose confessed to having received ry to vote for him and three of whom, it was shown, had paid the iney. These seven. Mr. Rsyner con d the committee practically admits?are invalid and cannot be denoted for Lorlmer. Their subtrac? tion would leave Lorlmer with 101, one leee than the constitutional ma? jority necessary. Hence, Mr. Ray? ner believes hie election illegal and that he is not entitled to stay in the Senate. The committee's contention Is that Lorlmer war not required to have a majority of all members elected to the Legielature, but only a majority of a quorum, and that therefore the seven tainted votes could be thrown eat and he would etlll have more than enough to make his election valid. Mr. Rayner nae examined the Consti? tution carefully on this point and is perfectly eure of hla stand that If the votos are thrown out Lorlmer not legally elected and Is there fere not entitled to remain In the Senate. Other members of the Sen? ate, who Itave examined the testimony assart than the evidence shows 'hat at 1 i of the Lorlmer votes were and should not be counted, ihle number would not, accord? ing to the committee. Invalidate Lorl mer'e election. The argument ueed Is that he could afford to lose 13 such vote*, and still have received autlt ci?nt to MiMtio him to his seat. Mr. Rayner ihn k-? this position la utterly Indefeneibe. Interest In the ease Is Increasing Bad ma ty Senators do not hesitate to in. h r. .... ntment ut llu< efforts of Lor,ue r au I the intlm nets behind him to *old o?i to his sent under the nrrum. ar?c:. I'nlens, Rome assert, the Swmt" clears Its skirts In this matter by refusing to per mm him to remain In the body Lorlmer is apt la become a national Issue, seriously iBVohrinej Henotora who Insist up<>n defending him In the face of facta. M. < MO?\ \ I HI vm I rsVII I I H'sjhi/ meaning i ihtnet Oleen bj Well-Known \>lator. BBnnettevlll . Jsa. 6.?Success UKatu marked the exhibition of the aero? plane by Mr. J. A. I? MoCurdy here1 this aftrnoon. The handling of his machine was more spectacular than on yesterd iy, and hla work was received with the hiebest pleasure by every one on the field ?ho* April, I860. 'lie .lust tu 881. STJ JAIL FM BICH OFFENDERS. TAFT FAVORS PRISON WHl.HK Vis Ks ARU rsi iLKss. President Declines to Interfere to Sa\c Wealthy Lumberman From Sentence for Peonage. Washington. Jan. 6.?"Tines are not effective aaglnst men of wealth. Imprisonment is necessary." So declared President Taft today In a statement in which he denied the application tor commutation of sen? tence In the case of W. S. Harlan, manager of a great lumber and tur P-ntlne company doing business in I Florida and Alabama, who was in? dicted anfi convicted on a charge of I i nsplracy to violate the peonage Statut?'. H irlan must serve a term of 18 month's imprisonment In addition to paying a flhe of $5,000. The offense f.?r which he was convicted grew out of the alleged effort of his company to obtain 180 laborers from New York, including a number of Hun? garian, Bulgarian and other Immi? grants. They wero taken in parties of 12 to 25 by soia to Savannah, thence to the company's plant. "The evidence clearly shows," said the president In his opinion, "that on the way from Savannah to the com? pany's settlement a number attempted to escape and were physically de? tained *nd brought to the place of work." Prtsldent Taft In his opinion plainly Indlcites that he does not Intend to let & technicality of law defeat the ends of Justice. He had prepared, as the result of an appeal by friends of Harlan, to commute his imprison? ment sentence from 18 to six months, whereupon the attorneys of the con- ^ vloted man tried to have him set at liberty altogether, claiming that "as a sentence of six months could not. under the law, be executed In the penitentiary to which Mr. Harlan had been sentenced. It could not be ex cuted anywhere and therefore he must be given his liberty." "In order to prevent the use of such a technicality In the future," says the p-e ilder.t. "to avo% tht> santonco, * I shall make no order of commutation, but shall allow the sentence to stand, until after the defendant Is Impris? oned, and then shall exercise such executive clemency as I may be ad? vised that the case requires. The sentence of IK months is, therefore, In full force." SHOOTING AT ANDERSON. Prominent Liveryman Probably Fa? tally Wounded by Negro Woman. Greenville, Jan. 6.?Word Touched Greenville at midnight, from Ander? son, telling of the shooting of a well known liveryman, J. 8. Osborno, by Hattle Hutchison, a colored woman. From meagro details available, it Is gathered that the woman, In a tit of frenaicd madness, went to the stable of^Os borne Just before midnight, and upon entering the place, Immediately opened Are with a double-barrelled shotgun, both loads taking effect In the man's body. It Is said that the first load shot off both his hands, while the second struck the upper part of the chest The Injured nan was taken to the hospital, where It was said he was In a dying condition. The woman was arrested. It Is said that Jealousy prompted the deed. < IIF.RAW RAILROAD WAR. Supreme Court Now in Command of Situation. Columbia, Jan. 9.?All parties to the Chcraw controversy between the Atlantic ('oast Line and Scabourd Air Line VOff pointedly warned and ud MOnlsh'-d l?y tin- Supreme Court Mon igalnst ally further Irregular pro ....lines The Court's order preserv? ing th?- status quo in the matt if be lag aooaunpaalad bj an oral dciiver sjtos from Chief lustlos Jones, to the . Red tii.it orderly procedure through ? OttTtl V/an th?> only proper OOttTfO? CouaMl had intimated a hop*, that the heaurthg <?n tin- eovrt*i order of nipercedas issued Saturday night be h id Tuesday, but Ihe court had Both ii* t<> eg] on this point and the Inur? ing will be In Id January If, as pre I . onh red. The order issued to Iw is supplernoatal t?? tin- ?uperoedai forbtddtag tin' Seuhoard Air Line from tut? it. ring with the crossing as now e.Mistrneted, and the Co.ist Line tram aatasj sueti oFuaahia. Watkef s. Utaty of st. George has bsjaa appointed by (io\. \n.?l a tins t. . of the Smith Carolina Industrial s. hrnd at Florence, ?uooeedlng w. W, Ball Of Columbia, resigned. ad Fear aefr~?Ltt all Iba easn Tta*u Aas [MTBR, 8 O., WEDNE9] ? uro? mm. "TRI ST BESTER" MAKES ORAL PLEA FOR DISSOLUTION. Touches Now Side of Cane?Points ' Out That Government is Acting Un? it* Iba Wilson TnrilT Law of 18111. Washington. Jan. 7.?Oral argu? ments directed at the proposed disso? lution of the so-called "tobacco trust" were begun late today in the supremo court of the United Siates. As a year ago, when the dissolution tUlt was argued for the first time be- | fore the court, so today J. C. Mc- j Reynolds, special assistant to the j attorney general, in charge of the tohaooo fight for the government, ! made the opening addrcas to the i court, lie i ad not concluded his re? marks when court adjourned until Monday. Mr. McJteynolds surprised some memlirs of the court by stating that the dissolution was asked not only und ,*r the Sherman anti-trust law, ; but under the Wilson tariff act of, 1894. j He told the court this was the first , case e\cr brought uncter the Wilson tariff act. The act, he explained, ap plied to instances of restraint of tradu where an Importer was a party. He pointed to the Wilson act as the con- j gresslonal Interpretation of the Sher man act. Nearly the ontlro time that < I Mr. McReynolds spoke was devoted to j I a history of the so-called 'tobacco j I trust," from the time the first Amur - | j lean Tobacco company was organized In 1890 for the alleged purpose of effecting a monopoly in the cigarette | trade and thus avoiding competition of independent corporations down to the Incorporation In 1904 of the new American Tobacco company as a hold? ing company, controlling 65 com? panies Interested In various branches of the tobacco business. i He described the "plug war" about 1891 resulting in the organization of the Continental Tobacco company, by which, he alleged, peace was restored and competition vf Independents was eliminated. He told of similar combi- i narlcn*. in ihe snuff,, cigar -and stc-ieio trade. These combinations he described as designed to remove competition. Finally, he turned to the contracts of the American Tobacco company with the so-called British "tobacco trust," the Imperial Tobacco com? pany. By these contracts, he said, the trade of the world in tobacco had been parcelled out between them, the American "trust" taking the United States and Cuba for its own; the Brit? ish "trust," Great Britain, Ireland and tht Isle of Man and the British-Amer? ican Tobacco company, organized by the two "trusts," carrying on the to? bacco buslneaa in the rest of the world. As a result of these combi? nations he alleged that competition for the purchase of leaf tobacco had been eliminated in the United States. CHER AW RAILROAD ROW. Divided Railroad Commission Issue* Order in Cheraw Crossing Case. Columbia, Jan. 6.?Adopting a spe? cial report, by O. McDuffie Hampton, the railroad commission today refus? ed to consent to the present plan of the crossing by the Atlantic Coast Line Railway on the Seaboard Air Line on Front street, in the town of Cheraw, the report stating that the crossing "la dangerous to tho travel? ing public and detrimental to the pub? lic at large." The order states that the commission in charge will consent to a crossing at 2d street. This action by the commission ends a contest that has been In progress for the past several weeks between the i wo railway com pa nies. The com? mission GOmOl to the conclusion that it will not consent to any grade cross? ing, and that If the Coast Line wishes to crosi the Seaboard at Front street, then it must cross on an overhead bridge. The majority report was signed by Commissioners Caughman ami Hampton. John O. Richards will Rle a minority report on the ques? tion. RAYMOND BERRY PAROLED. Su|iorlntcndcnt of Education of Ma? rion wie, Embezzled School Funds, Columbia! Jan. 9.?Governor Ansel on .Monday paroled Raymond Berry, who was convicted of embesslement j and given a six year sentence, after serving two terms as superintendent of education of Marion county. Ber? ry bus served about half of his sen? tence, The parole ens issued on the recommendation of the Btats pardon board. is't at be thy Ceiuuey's, Thy (.ud'h ui DAY, JANUARY 11, 10] DARING FLltKT OVER BGEAN. .HMMIE \| HD INCIDENTALLY MARIOS ALTITUDE RECORD IX CHARLESTON'. AUator Circles Harbor Over Fortifi? cations, (iocs Out to Sea and Re? turns. Charleston, Jan. ?j.?Jimmy Ward, the 18-year-old aviator, in a Curtiss 25-horse power aeroplane, made a daring flight across two rivers, the harbor, a.id out over the Altant.ic 00? an, breaking the world's altitude record for low-powered machines, and winning a prize of $5,000 by cir-. cling over two of the strongest fortifi- I cations on the Atlantic coast, demon- | strating the efficiency of the reroplane as a scout in time of war. Landing gracefully on the beach in front of Fort Moultrie on Sullivan's Island, he handed a nots to Col. Marsh, w. h the latter signed. Ward then reenb r > d his machine, rose from the beach and Hew baok across the harbor in a direct line to the aviation field north of the city. He covered a distance of about 25 miks In 54 minutes. Very few people saw Ward begin his Might from the aviation field, his unsuccessful attempt of the day be? fore having aroused a spirit of skep? ticism. News of the daring attempt spread rapidly, however, and many roofs in the city were packed when the airman made his return flight. Leaving the aviation field, he flew first to the navy yard on Cooper river circltng above the plant He then flew down the river a distance of about five miles to the city, over the upper end of which he passed. He turned eastward, crossed the Cooper and Wando rivers and the harbor at a height of about 1,000 feet. Reaching Sullivan's Island at 'the northern entrance of the harbor, and on which Fort Moultrie la situated, he circled back over the harbor at a height of about 2,000 feet, passing clr.se to Caatle Plnckney. Heading seaward again, he passed directly over Fort Sumter at the entrance of the harbor and swept for a distance of about a mile and a half over the watefif'of" the "open Atlafntic.TuFh ing he flew about the Isle of Palms and Sullivan's Island and landed on the beach In front of Fort Moultrie. amid the cheering of soldiers and of? ficers. A ixte which he handed to Col. Frederick Marsh, In charge of the fort, was signed by the latter and Ward brought it back to the city with him on his return. It was on the return tr.p that he broke the world's altitude record for small machines. At a point directly above Mount Pins sent, a village on the edge of the harbor and opposite to the city, he attained a height of 5,300 feet, as shown by his baro? graph. As the aviation field came into view, Ward, at that time over Cooper river, shut off his power and glided for a distance of a mile and a half, landing safely and easily. He was shaking as though palsied as he posed for his picture, so terrible had been the strain. PUT OFF SOUTHERN TRAIN. Mileage Refused, Preacher Forcibly Ejected?Injurie? Alleged. Ashevllle, N. C, Jan. 6.?For fail? ure to produce his ticket or pay his fare, the Rev. George Gates, a Baptist eveangelist, was forcibly ejected from a Southern train at Arden, N. C, yes? terday morning, and was brought in to the Biltmore Hospital today for the treatment of injuries which he Cliams to have thtll received. Mr. Cates states that he came to Ashevllle from Canton yesterday, en route to Hendersonville, and that be did not have time to exchange his mileage for a ticket, as required by railroad regulations in this State. He c la I mi be offered bis mileage book to the conductor, :uul alleges that on his r< fueal to pey cash be aas put off the train and thereby sustained in? ternal injuries. SOAKER FOR SOUTHERN PACIFIC I.os Angeles, Cal., .Ian. I.?Tide lande constituting about 16 miles of harbor frontage and long held by the Southern Pacific and Other transpor? tation companh a, today were declar? ed public property by Superior Judge Bordwell in a decision In a suit tiled more than a year ago by the Muni? cipal I larbor t Commission. Southern Pacific attorneys announc? ed that tiny would appeal The present value of tue land li estimated at more than $5,000,000. .indue Bordaell hold thai the State was trustee for the people, and that tin- granting of patents to tide iambi was a violation of the trust. FOHAKER ADVISES IN PRQBL.L> THROWS LIGHT ON CANAL FORTI? FICATION QUESTION. President Taft Makos Public Letter from Former Ohio Senator, who Advised with Late Secretory Hay Concerning Treaty Botvfeen United States and Great Britain in Ref? erence to Protection/of Vt Canal?Details Relal Washington, Jan tion designed to cl ed situation which the question of t United States to Canal, was submirfed today 1 Senator Foraker^of Ohio, t dent Ta:t, Throughout theJperind during the Hay-Paunc?ote treaty was gotiated and latified by both United States ami Great Brtain, Sena? tor Foraker advised with John Hay, then Secretary of State, and made many of the suggestions which were Incorporated In the treaty pTeserving to this Government the right to take j such means as it deemed necessary to protect the canal property and ship ping without specifically authorizing fortifications. Senator Foraksr's letter to Presi dent Taft, which is made public now, j apparently because it undertakes to dispose of the question of the right of this Government to construct fortifi? cations a? it may deem necessary for the protection of the canal property, reviews the treaty made -with Eng? land and lan* passed subsequent to the ratification of the existing Hay Pauncefote treaty. The letter tells ( Of the ratification of a treaty, by the Senate December 20, 1800, which was rejected by the British Government. When that treaty was presented to the Senate, it contained a provision ? against the fortification of the canal j and there was a great deal of criti? cism of Secretary Hay because of that ! fact. Drifting into a general discussion of the whole subject, Mr. Foraker and Secretary Hay, it appears, agreed that It would be idle to undertake to secure "the" ratification of any treaty' that finally prohibited fortification by ' the United States or involved this, Government in any obligation to con- j suit any other Government as to the protection of its own property. Sena- j tor Foraker suggested several charges from the Convention, which had been ' rejected by Great Britain, among them new matter and some transpo- I sitlons that wx>uld soften the effect. I They Include the following: "The \ canal shall never be blockaded, nor t shall any right of war be exercised nor any act of hostility be committed \ within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect It against lawlessness and disorder." Senator Foraker said that he mark? ed these changes In a copy of the first Hay-Pauncefote treaty, which was handed to him by Mr. Hay, who took it away with him and in the tall of the same year, on August 23, 1901, wrote to the Senator in confidence that he hoped to conclude a new treaty with England In line with "all the suggestions which you kindly made to me." That treaty was ne? gotiated and sent to the Senate In De? cember, 1901, and was ratified with? out amendment, and in due time was ratified by England and became a binding agreement. In hig letter to the President Senator Foraker shows that he had no doubt that the United States was reserving the right to for? tify the canal. From the treaty provision for the establishment of the military force on the canal Mr. Foraker says it would follow, as a matter of course, that such military fore.- would hav< a right to do whatever was necessary in tin- way oi* Intrenching itself, "or. In, in plainer words, fortifying itself against attack." He adds that the idea aus that, as tin- (anal was constructed at a cost of hundred! of millions of dollars, "no one Would ever oiu stion OUT fight to do wl atever might be necessary, In ! our judgment, to uphold our authority and protect our property and cur. men ial rlghta" Quoting from the Bpooner law, providing for the fortification of the treaty. Senator Foraker show? it to have been ast forth clearly that it was the intention of the United States to protect the canals and harbora The Panama treaty uses the words: "The United Btatei shall have the right to establish forttdcatlona" Ha cites the fact that the British Govern? ment iid not raise any question as to the Bpooner law or the Panama treaty being a contravention of the Has -Pauncefote treaty, ON. Established Jone. IM? ol. XXXI. No. 41. " * ? FOR HOUSE. CENSUS cow ? WOULD HAVE ISS congressmen. On the Other Head, 111 III eel I Would Give Larger Delegations to 25 ( ommonwealths. Washington, Jan. 6.?Congressional reappointment under the new cen? sus figures so as to increase the mem? bership of the house to 433 was the pran tentatively favored by the house canmtttee on census at a meeting tilay. This figure would protect olch State from diminished numeri ?il rc presentation and is exclusive of Arizona and New Mexico. The apportionment bill introduced by Mr. Crumpacker today ft.ves the membership of the house at 433. The bill was referred immediately to the census committee, where the entire subject will be taken up. The apportionment of the mem? bership of the house amongst the va? rious States, under the proposed ar? rangement will be as follows: Alabama, 10; Arkansas, 7; Califor? nia, 11; Colorado, 4; Connecticut, 5; Delaware, 1; Florida, 4; Georgia, 12; Idaho, 2; Illinois, 27; Indiana, 13; Iowa, 11; Kansas, 8; Kentucky, 11; Louisiana, 8; Maine, 4; Maryland, 6; Massachusetts, 16, Michigan, 13; Min? nesota, 10; Mississippi, 8; Missouri, 16; Montana, 2; Nebraska, 6; Ne? vada, 12; New York, 43; North Caro? lina, 10; North Dakota, 3; Ohio, 22; Oklahoma, 8; Oregon, 3; Pennsyl? vania, 36; Rhode Island, If South Carolina, 7; South Dakota, 3; Ten? nessee, 10; Texas 18; Utah, 2; Ver? mont, 2; Virginia, 10; Washington, i; West Virginia, 6; Wisconsin, 11; Wyoming, 1. This represents an increase over the present membership in the house as follows: Alabama, Colorado, Florida, Geor? gia, Idaho, Louisiana, Michigan, Min? nesota, Montana, North Dakota, Ohio, Oregon, Rhode Island, South Dakota New Jersey, and West Virginia, 1 each; Illinois, Massachusetts, New Jersey, Texas and Washington, 2 *ach; California and Oklahoma. . 9 each; Pennsylvania, 4. and N*ew York. 6. A majority of the members of the I committee believe this plan of ap? portionment will prevail. COLD WAVE COMING SOUTH. Weather Man Predicts Rig Drop in Temperature, Accompanied hy Heavy Precipitation. Washington, Jan. 8.?A cold wave of marked severity that now prevails over Alaska will overspread the Northwestern States Monday and Tuesday, from which region it will advance eastward and southward over the Middle West during the middle of the week, and to the At? lantic and Gulf States during the lat? ter part of the week, according to the weather bureau prediction. Ab? normally low temperatures wdl at? tend this cold in the northern Pacific States, the northern plateau and Rocky mountain regions and prac? tically all districts east thereof. The principal disturbance of the week will prevail during the next three days west of the Rocky Moun? tains, cross the Middle West by Wed? nesday or Thursday and reach the Atlantic States Thursday or Friday. This disturbance will in all probabil? ity be attended by widespread pre? cipitation, especially in the Southern States, and the region west of the Rocky mountains. DE ATH - RED C< )N FESSION. t lesendes1 Fleming Admits Selling Vote for Years. West Union, Ohio. Jan. ft.?Fearful lest he might die without having a chance to make hi>? peace on earth, Alexander Pit ming. a Civil War vet? eran, who is seriously ill, today sent his grandson t Judge Blair to tell him that for years he bad sold his vote. He i id not kn?.\\ whether he bad bet n indlotejd, but he asked that the Court act <?n bis ? se at once so that If his present :11m should prove f it I he mighi tilt .: p? ax c The grandson, Jesse i It ming, ? first voter, also confeeeed to bavins sold his brst tliot. Both were disfranchised. .In,Ice Btetr, Who last night ordered a r< cess of the vote-probing grand inry until next Friday, will ranke an , xtre effort in the Interim to catch up in the aralgnment of men who have bet n indicted. More than 20O confess? ed yesterday and be hones to fllspOOO of a like number today. Of the 1, S04 who have been indicted be has ? now disfranchised over 1.000. The remainder he hopes to pass upon be? fore the grand jury convenes Friday.