Historical Newspapers of South Carolina

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iH, M MTU \V\TCH\IAN, fcatah! Consolidated Aun*. 2,1 SPECIAL JUDGE ROW. M \J<'K < \l l?V\ I II iss| ks st ati MINI Hay* II?? W?>nl<l Not s. r\c ?* S|icvlul Judsje If Hy M hk| H Would <ih c OnVit-r to ih < iii? i.land l?ar?Did - 1 il Honor.?From Messrs. lu. . e ami ShMiid. Newberry. I' d.. 3.?Major James F. J. Caldwell. who wan appointed t>y Oovernor Mease to hold the ap? proaching lltchland l .?ort, pours oil on the troubled waters separating the executive and Judicial depart? ments in a calm statement Issued to? day. In whh h lie states that so far .is |M Ig concerned the matter rests en? tirely with tie Uiehland bar. Major Caldwell ha* Ions; been recognised as one of the State's leading lawyers and no is a son who has proved his de? voted love for South Carolina. The ;atement of Major Caldwell follows; 1 have not made the oath roqulred, and I have not received a commis? sion), a few minutes after hearing gfsajgfsjag Mosjaj over tbe telephone, i wrote lo K. W. Shand. Esq., and a letter to I?. H Nelson. Esq.. both of the Columbia bar. In each of which letters I stated ;he terms on which I would acept tbe appointment. i had an answer from Mr. Shand laat night. 1 have not heard from Mr. Nelson. "I wrote Chief Justl e Jones a per? sonal letter yesterday. He is at lib? erty to give it such circulation as he may see fit. did not know until yesterday that dr. Kay had been se? lected by tbe tar of Richland to pre? side over the court or that his ap pafntment had been recommended l > the supreme court. Personally. It does ent matter to me whether I hold that court or not. I do not need pe? cuniary profit from that source, cr from any other source and as a met ter of fact, with my way of living I should not expect to sain a dollar be? yond my expenditure. And I have written Chief Justice Jones. 'I have passed beyond that period of life w-hwn a man need care for slory.' I do not deem* it proper for me to ois **an tn* Isejal uapact of the eaae. 1 think It still lo**: proper for me to say one wx>rd about the personal or partly personal e? .n t r o ve rsy between the ehlef executive and the supreme court. The crux of t> i ??.? the point ?>n which the matter hinges? is to me. th* wish of the Khhlnnd bar. Without their cooperation I ecu Id do nothing. They might con? tinue every caee. Or If I should un? dertake t ? try a case, I and all Other persons must f-el uneertuln what I could derld*. The prOtt I OfajSj mm judlce' might be rahied at any mo? ment from the beginning to the end of any trial hl l)M < ircuit curt and In the supreme court. And I will never consent to hazard the rights of liti? gants by my iosjbtful claim to office. "Oovernor Hleaso called me by telephone about noon on Wedn i > the let instant, and on my answering. Inquired If I Iroal I ? nt to hold the term of the court of common pleas for Richland county, to begin on Mon? day, the 6th Instant. I replied that I was willing to hold that court, but added that I would not do so unless the appointment was acceptable to the local bar. To this he replied that it ?ana all right?or to that effect?and after saying some words by wav of kindly thought of me. he ceased to speak. Ills manner Indicated to mv mind that he wished only to ask If it would suit gat |g hold the court. I was left t ? easjJaatjBfsj whether the liar of UtofcHM aCfltfCd me or wie tb er they desire some other person. I had no saaajsj of knowing whether that lir had taken any action or whether the Justices of the supreme court had mad| a recommendation to appoint some one to hold the court or whether, if that court had npplled to him to make in apfointment. It had re. .nun nded m\ particular pel son f??r the apf "io nt. "I \vr..? (To\ern??r I'd i*e very soon a lett. r. >a\lnu' ?hat I win willing to hold *J0M feirf. pecs/Mod e'ther that the Imr Ott III-bl ind d-sired sag <t that th- v i m ej nie an other ? holen, 1 grsjg gsjfptist i i?? The Record that gcasstag thai i ha' i.r appointed lo hold lb.il i at i>\ ? o n t. A nd I ha\" been more suri rised to re.ol In the newspaper-* ib i I ha-? been commissioned t?? preside lu thai t ourt. ??Governor BlOSJOS Is Inucetirate In saying that I ha\e !?? ? i commissioned. The ?...r?tir\ of State sent lue by mall, received yesterday morning, the seeond. a ounirunieatIon to the iffeet that I had b? ? n appointed and that on my nendln.r to him. the *e. r.-tary of State, the oath on the bnck of his communication, make aceordlng to 881. IU* JllSt M 3U MUOii CAIMELL ?H??NES. ?OV, ei i 181 FH1ENU GETS OUT ? t MESH, 1: i < t Lovcrnoi Mill Rsjfsjsea to Act On Recommendation of Supreme < oun mill Designate* Judge K. C\ Wutis to BoM Court in Itu iiluml. ?<halves supreme Court With Dis? regarding Law. Colnanl la, !'? >?. i.?Major Jas. p, J. Caldwoll, af Near berry, sent to Qov ernor Pleas*- this afternoon a tele? gram that m.iy rolteVf tenseness of situation in reaped la appointment of Special Judge |q pr--side at the Rleh land countv term al Court of Com? mon Pleas, commencing Monday. Mr. Caldwell's messag? follows: "(lovernor IUt as ?: Thinking It my duty in the circum? stances to do so, I respectfully decline the appointment of Special Judge which you offer me. I write mofe fully today." Governor Hlease said on receipt of Major Ca Id-well's telegram that he would designate Circuit Judge R. C. Watts, of Cfcemw, to hold the Rich land cocrt, Judge Watts being disen? gaged. "Under the Constitution." said the governor, "the Supreme Court ought to have recommended some dlsengag at Circuit Judge in the first place, if any judge was disengaged, Instead of recommending the appointment of a Special Judge." It Is true that Judge Watts and Judge Memminger are both disengaged for next week but both of them are very busy politically, as candidates for the Fifth Justiceship of the Supreme Court, the election for which will I likely be held next week. HLEAse's soc ial DEBUT. i.o?er nor Will Give Kcriptiou at Mansion Wednesday Evening. Columbia. Feb. 4.?Governor and Mrs. Hlease, who made their social debut in Columbia at the Rembert re? ception to the General Assembly Thursday, will themselves compliment the legislators next week. Engraved fcivitatloaa to a rm epthm ut the exe? cutive mantson Wednesday evening have heen distributed today. The newspaper men reporting the two houses are all Invited. law and In proper form, I should re? ceive my commission. "Governor Hlease may have been precipitate to get, and not entirely courteoun towards tie- supreme court, but 't is not for ma to ensure my friend who sought to do me honor, and who, 1 am sure, thinks that he is exercising authority given him 1 the OOnstltution and the statute law of thi State. Nor have I any? thing to say against the Justices of the supreme cour*. I have no doubt that they ha\e done just what they thought they ought to have done. "I conclude that the matter really rests with the Columbia bar. I am sanguine that their wishes, expressed today or tomorrow, will determine the result, for i feel confidant that both the governor and the supreme court will be lanxlous to assist them in the disposal of the many and Important interests committed to the manage? ment of noun eel." Annool Without Recommendation. Governor Phase said Friday after? noon, In response to an Inquiry, that his appointment of Mr. J. F. J. Cald \\ell to preside at the Kichland court was made bnfort be i,;oi received any recommendation on the subject from the supreme court or had been in- j formed of any action on the matter by he Ku hland I lar BSSO i,it ion. After I had talked with Judge t'opes." said the governor, "and had found that he could not qualify in time for the Rlchland term com? menctng next Monday, I made up my mind whom I would appoint as Spectol judge, The appointment was I made before I had received the su? pine- court's recommendation that I Mr. I?. < \ Pay be appointed and be? fore i had he ird of Mr. Ray's en loraement for the place by the Rich land Par association." i be RMthtnd Bar, 'The Rlchland Bar nesoclatloni" d President R, \\. fthand, Friday afternoon, in r< pori ? to an Inquiry, I recommended Mr, Lav for appoint? ment as special Judge before we knew j thai Qovernoi Hlease. had decided on l Ma im- ('abi a . i!. of had any Intlma? , ihm that another was conaldered for the honor, Whether lh< appointmenl of Major Caldwell was mad. before the recommendation ,,f th< supreme court was rec, iyed by the i >>? < rnor, I do not know." ?id Fear not?Ix-t Ml tU end* Thon Ali MTER, S C? WEDNES] ROOT ATTACKS LOBIMEB i \i . VORHER DKXOUNCFS HLIS ELECTION AM? WHITEWASH. Vote mi Republican Urges Some mend of nilnoli to Rise ami Clear Name of Q**eal State. i Washington Fob, ?Senator I*.*???t of Near York today leaped suddenly t<> a position of leadership among the antl-Lorlmer foroei it1 the senate and caused tti" cane temporarily to be lifted above the attach upon the in? dividual so as t<? bate the l)lotch upon the name of the state of Illinois. When Mr. Hoot concluded, Senator Hab-, the veteran Republican leader Of the senate, pleaded with tremulous VOlCS for some friend of the State, and he suggested Senator Cullom to make a reply to Mr. Hoot's speech, which j would i I ?n rate not Lorimer, hut Il? linois. "1 r* funs to believe that so great a paoplls are rotten to the core," said Senator Bailey of Texas. "If we are to try k natori on the misconduct of legislators) then the senator whose right Is challenged now is not the only one who must yield till seat. His col? league, Mr. Cullom, was elected by one of those legislatures and no man here believes that he was a party to any of these evil practices, but still the cast; of Lorimer is the case of Cul? lom." Senator Lorimer has numerous de? fenders who replied to Mr. Root's at? tack upon him and the method of his election. Chief among them was Senator Hsyburn of Iowa, a member of the Lorimer Investigating committee, who e barged that some persons had en? tered Into the attack upon Lorimer in the spirit of a man hunt. Before Mr. Root had proceeded far it de? veloped that he went beyond the posi? tion of others, who have condemned the election of Lorimer as having been accomplished by bribery. He dismissed as immaterial the contro? versy over the question of eliminating the total vote on joint ballot as well ns from the number received by Lor? imer. The r dtenness shown by the testi? mony, contended Mr. Root, was suffi? cient to Invalidate the election of Lor? imer and he asserted that all of the following of Lee O'Neill Browne, the Democratic leader in the Illinois as? sembly, was COITUPt and the votes of that following should have been eliminated. Pew senators left their seats dur? ing tin* speech and the galleries were orowded With hundreds of others in the corridors, waiting for chances of admission, which never eame. ' We are bound." continued Mr. Hoot, "to act Upon the universal knowledge that the facts we have es? tablished Implicate others than those absolutely known to have been in? volved." Mr. Loot reached the conclusion that deducting the seven tainted VOtee, Mr. Lorimer had been left without a majority, a fact which, be said, "invalidates his election." This was squally true he said, whether the corruption fund had been used either to increase Lorlmer'i VOtS or to reduce the total vote. Mr. Hoot Inveighed strongly against the methods by whb h it is sought to sustain Mr. Lot inter. He declared that the senate could not afford to sanction such methods. "If they stand the senate can not stand." he said. "If they stand the government of the United States can not stand." Mr. Hoot characterized Browne and his 30 followers as "a band of rob? bers" and declared that all their votes should be rejected in Lorimer*S elec? tion. The conclusion of Mr. Hoot's speech was marked by an unusual scene. Mr. Hale o? Maim- pleaded for a reply to the New York senator's speech, Declaring that the senate could not have been comfortable j while Mr. Hoot was making his "pow I erful argument" and confessing that I - hims< If had not been, he said he 1 hit 1 been impressed with the s, riotis S ness ? r the situation, i "As I listen, d to the distinguished ??< iiutnr's lamentable and melancholy [arraignment," said Mr. Hale, "the I Illinois ? nator disappeared entirely and i become Impressed with the serious reflection upon the great ?tate whose name is Involved," When Mr. lialley < <11?<t attention t" tbe f o t t. at Mr. Lenne r bad nol been present during the day's pro ceedtngs, thereby rendering his dls< appearance Impossible, Mr. Hale re? plied Hat be had not referred to the physical presence of the Illinois sen? ator 'mt had meant merely to say that Lorimer bad been so completely over Ug't at t>e thy Country's, Thy God's ai DAY, FEBRUARY 8, 19 WORKING P?3 CIM SIC?. SOUTH CAROLINA AM? MINNE? SOTA ARE MAIN COMPETI? TORS. Near Columbia Delegation's Argu? menta and Thru Decide to Pay This I City a Visit. Columbus, I ?hio, Feb. 3.?South j Carolina and Minnesota today i?r?> sented their claims to the officers and I : directors of the National Corn expo | sltlon for the next exposition. The .Minnesota legislature is willing to make a huge appropriation for new buildings on the State fair grounds if the exposition is landed, particu? larly for the next two succeeding j years. President Funk declared the show would go where it could do the most good. "if that's what you want, come South, to Columbia South Carolina, said A. D. Hudson, president of the j South Carolina Corn Breeders' asso? ciation." "The South needs you. We need y< u badly. The South stands on the threshold of a great development. She is just awakening. 1 want to tell you the corn show would revolutionize the South." He pointed out the work of Jerry Moore, champion boy corn raiser, as the example of what could be done in the South. The officials accepted an invitation to visit Columbia alter the show. They will view the city and consider its advantages. The Southerners extended an invi? tation from the legislature and from Qov. Cole L. Please. (Hhers who spoke in support of Columbia's claim were: A. G. Smith, Wade Hampton Globes, mayor of Co? lumbia; R. B. Herbert, A. E. Gonzales, who spoke on behalf of newspapers of the South; R, 1*. Hayes, son of the former president; Prof. J. N. Harper and M. V. Richards, land and industrial agent of the Southern rail? way. A. O. Eberhart, governor of Minne? sota, representatives of the State fair, Louis Bettes, president of the St. Paul Commercial club, and G. A. Will, representing the Minneapolis Com? mercial club, w?re speakers for Min? nesota. They declared every one In their State a booster and said the un? excelled advantages of the twin cities and the State fair grounds thould take the show to Minneapolis. Among those who will come here tomorrow for "Conservation day" are. Giflford Pinchot, W. c. Brown, president of the Neu York Central railroad; Daniel Willard, president of the Baltimore ft (>hlo, and Geo. w. Stevens, president of the Chespe?ke ?fc Ohio. REPUBLCAN LEAGUE HELPS. Progressive Republican League Rend? ing Its Energies to Have Measure Passed for Popular Election of Members of Senate. Washington, Feb. 5.?The recently organized National Progressive Re? publican league, through Senator Jonathan Bourne, Jr., or Oregon,, president of the league, sent telegrams to the governors and legislators of various States today asking them to bring influence to bear on their re? spective m nators in favor of the joint resolution providing for the election of senators by direct vote. The telegram Is as follows: "The joint resolution proposing an amendment to the constitution pro? viding for the election of United States senators t?y direct vote wil1 1 e acted upon by the United states senate within a few days, it is not certain that it will r< dve the necessary' two thirds vote, it Is certan that 'JO per pent of the people are In favor of it. Will the senate represent public sen? timent upon this question. Do you know how your senators stand? If their position Is in doubl wire and w i lie them. Bring the force of pub? lic opinion to 1 ear upon th- m. it Is a critical time, Vour influence may determ ne the result, Wire them to? day." shadowed as the issue as to he elim? inated from considerate n. This has not i" er? an arraignment of Mr. Lorl m< r, but of the State of Illinois, Mr. IIa! said, and he added that he did tint Wal.t the Case disposed of until Senator Cullom or some othe friend of the Slate "should arise, and if pos? sible free the state from the Inevit? able result of the i barges of th.> ator from New VoiU. If we may b? llevc what has been said there exists, ami there has existed for years, a most unconscionable practice and habit of corruptW n." id Truth's." TILE TKTJ U. SLAIN Bt.AMSRY WOMAN. HUBERT M. FLOYD is SHOT I ?>l R TIMES BV MKS. \. M. HAYES. Woman Says Floyd Insulted Her mid She Killed Him?Husband Rushes in and Finds Man Dying. Conway, Feb. 5.?Shot lour times an l instantly killed by Mrs. X. M. Hayes in her horn" at Tabor, X. C, just across the Horry line, late yester? day evening, was yesterday the fate (jf Robert M. Fmyd, a native of this county and a student at the South Carolina Medical college at Charles? ton. Three shots took effect in the b' vv and <>nc in the centre of the ton Only a few minutes befoi ?8 j death, Mr. Floyd h^.d driven uA? to the Hayes home and had been invited in to spend the evening by the hus? band of the young woman. Floyd went in the house and while Mr. Hayes was ungearing the horse, he heard four pistol shots. He rushed in the house where he found Iiis friend lying dead and his wife stand? ing by. Her only answer to Mr. Hayes's questioning was that Floyd had In? sul, cd her and that she had killed him. There is no telephone connection between this place and Tabor but sev? eral passengers on last night's train brought news of the killing around which a cloud of mystery appears to hang. The killing is the talk here today as all the parties are well known in this county and prominently con? nected. Mr. Floyd arrived in Tabor yester? day from Charleston, having come home to spend Saturday and Sunday with his parents near Galllvant's ferry. Parties living in Conway were on the train with Mr. Floyd when he got off at Tabor. He stated to them that he stopped there to look after his farm during the day, that a horse and buggy would meet him either at Tabor or at T-oris, a nearby town, and that he was going to spend the night at Tabor and drive out to his home this morning. Probably no further cause other than the woman's statement will ever be known as Mrs. Hayes was alone in the house when she did the shoot? ing. Prom a brother of the dead man it was b arned that Mr. Floyd had gone to the house, where he met his death, for the purpose of collecting for books which he hail sold during his vacation. There are conflicting rumors as to Mr. Hayes' meeting Mr. Floyd at the gate and asking him in, although it is known that the two young men were ? lose friends. Mr. Hayes tuns a barber shop at Tabor and it is stated that on Saturday evenings the rush of business at the place makes it necessary that Mr. Hayes remain at the shop very late. News of the awful occurrence was a shock to the people of this county and especially in Conway where Mr. Floyd has lived and worked for a number of years. He was colporter for the Waccamaw Baptist association, which work carried him into the best homes of this county and of Marion county, where he traveled quite a good deal during the past several years. Three years ago he resigned this j work to accept a position as head bookkeeper In the Hank of Conway, now the First National Bank of Con? way. He spent several months In this capacity until tin summer "f Htoy, when he resigned this position and made the race in this county for clerk of court. He mad" a splendid race but was defeated and later cn , tered the South Carolina Medical col? lege at Charleston where he would have graduated in April. It was Mr. Floyd's intention to open a drug store in Conway this summ "'. j While here during the Christmas holi? days he practically completed the or j ganlzatlon of a company for this pur* ' p >Sc. Young Floyd was a son of Mr. j and Mrs Math Floyd of near Galll > int's ferry In this county. II?' was I about ?'?> years of age, of splendid ? educational qualifications, having j taught In tie schools <>f the count) dress md pleasing personality lit was modest and gentle and ?s hy he sh bi killed In this m in e.ef and within six or < Ighl ml after his arrive1 at the home of .. fri< nd can n< t be explained b< t Mrs. Hayes, the slayer, la a young A-oman. She la a daughter of J. J. E. I llarrelson of Lorls and a sister- of D, j I?. Harrilson of Lorls, formerly county I superintendent of education in this ' county and later a member of the v E SOUTHKOX. Established .?un<. lt<M Vol. XXXI. No. 49 imm ftttlCH iii SEME. SENATORIAL ELECTION PLAN PLACED l\ POHrnON FOB \< TION. Idaho Man Calla signal lor C ross Tackle Buck and Moml-pat l or waids ire Pushed Hack. Washington, Feb. I,?After a series <.f thrilling e *nces, Senator Borah, BUppO' progressive Re | publican a A moeratic senators, made t jfS ous advances through *r the ' the old guard Republicans a vx ed the resolution for election ^ oators by direct vote of the peo j in a most advantageous position squarely in front of the enemies' goal. The moment the Lorimer case was laid aside today, Senators Nelson and Horah clamored for recognition. Vice President Sherman gave Mr. Nelson the floor. He moved to take up the bill to regulate the leasing of Alaskan coal lands, whereupon Mr. Bo. ah promptly moved to lay that motion on the table, which failed 3G to 41. I Most senators thought this settled the I question. I After the senate had proceeded with the Alaskan bill for a bbort time, j Mr. Nelson wave way to Senator War ' ren to make a motion.that the senate j adjourn until Monday. Mr. Borah de? mand- d a roll call and this time he won. Thus encouraged Mr. Borah asked that the resolution be made the unfinished business. On the roll call it appeared that this resolution might be given preference and Sen? ator Penrose hurriedly moved an executive session. Such a motieVi under the rules of the senate may be made at any time and therefore I Mr. Borah again found himself el? bowed out of the way. As the ques? tion on executive session was being I put to the senate, Mr. Borah made a j demand for a roll call, secured a suf fient number of seconds and the call ' was ordered. On what was regarded as th*? most significant vote of the day, the execu? tive session was denied, 36 to 40. All . of those who voted in the affirmative ara regarded us lined vpon against popular elections of senators, and j those who voted in the negative are i known to be in favor of this policy, I All of the affirmative votes were cast j by Republicans, but a number of in , surgent Republican senators voted with the Democrats against the cb>sed j session. I Recognizing that Mr. Borah had ? the votes no further objection was I made by opponent! of popular elec? tion of senators and the resolution became the unfinished business of the senate without a roll call. ONE DEAD. ANOTHER DYING. Deputy Sheriff atul Police Chief Vic? tims of Unknown Negro. Wilson, N. C, Fob. 3.?This town is laboring under the greatest excitement of its history, < anted by the murder of Deputy Sheriff George Munford and the probably fatally injuring of Chief of Police A. O. Glover this afternoon, by a negro desperado, name un? known. This morring the officers here were notified to look out for negroes who broke into a store at Dunn last night. This afternoon one of the negroes was located in a house near the Norfolk Southern Railroad yards, and the of fi. ^rs went to make the arrest. As i Munford and Glover entered the front door the negro opened fire. Munford was shot through the head and Glover through both lungs. The former died in less than an hour and the latter is j expected to die at any moment. The ! negro escaped. Bloodhounds were brought here on a special train and j are now following the trail. Several I arrests were made out the prisoners ; were exonerated. Troops to Pre* nl Lynching. Raleigh, n. c Peb. 3.?Governor W. \V. Kit? bin tonight ordered Com? I pany K, 2d reg ment, Wilson l ight I infantry, to be subject to the order of the sheriff ol Wilson county to pre venl s lynching tint ', as the oul omi , of the killing of I ?? r?y Bh? riff Mun ral assembly from this county. She and Mr. Ua>. ? were married about three yeara ago. since which lime th< y have lived happily together it L >rls, where the husband conducted i store and ran a barber shop. Dur? ing the fall they left Lorla and moved to Ta' or. a North Carolina town, about seven miles from a j is. Mr. and Mrs. Hayes have one child about a year old.