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Mg IIS FACE. ?.<>\ ?\l t \M slM?s MI ssM.K TO I I ?.ls|, \Tl ltK. 4>tUc*aea Law as to \p|Mdutment of Special Judgoi.?Wnnu Fosltlon sustained.?Thinks Act In In l'on ili. i With C'mailt ill Ion .nid Suggests i hui igt IW ii g M.i.i. The ?i ? 11. Is as Columbia. Feb. 8.? Taking the po? sition that the Judicial department of ?State has no right to dictate to the executive department and discussing ooaetltutiona) requirements as to the appointment of special Judges in gen? era). Oov. B lease yesterday sent a special message to the general assem? bly. The message was received as Information. He gives In the men aaeje what he thinks of the constitu? tional requirements. The message was sent as a result of the recent compli? cation between Oov. Blease and the supreme court In the matter of the appointment of James F. J. Caldwell of Newberry as special Judge for Rb bland county. Mr. Caldwell de? clined to serve and Judge Watts was named. The special message, which is No. follows: "Gentlemen: The constitution of our State creates three separate at 1 distinct heads of this government, ? I judicial department, the legislativ department and the executive dept.* t ? ment. in my opinion, the executive e parto- nt has no legal right or *? thoriiy to dictate to the Judicial tig* part ment. or to the legislative depi l X asent; the Judicial department uas rWn'0 right or authority to command or \ dictate to the exe utlve departm.nt or to the legislate department; the legislative department has the right to pass laws, which all of the citisens, from the highest to the lowest, should obey; but la my opinion it has no right to dictate to or command the |^ executive department or the Judicial department. The chief executive Is elected by u majority of all the peo? ple of* the Sate; the legislative, by majority of i county only, and the Judicial by the legislative department; ooaeequenUy. each Is Independent of ? the other; each, under the constltu ttoa. Is separate and distinct, and should forever remain so. At the name time, each department should do Its duty and endeavor to uphold aad support the other, and I feel that When elthr department alb nptS to ^ eseroac% upon the other, and the *?m? ? inn* wit. hi aj n >s you. chief eexeutlve. It is my duty. If your are In session, to < all your atten j uoa to It. In order that, If there has' been an error, you may be given the opportunity to correct It and keep L down any conflict between the dlffer * eat departments. TKe Constitution "?action 6. article 5, of the constl ttuloa of HIS, reads as follows: " 'No Judge shall preside at the trial of eey cause In the event of which he may be Interested, or when either of the parties shall be con? nected with him by affinity or con? sanguinity, within such degrees as may be prescribed by law. or in which he may h. ve been counsel or have presided I any Inferior court. In all or any of the Justices of the * supreme court shall be thus dlsquall fled or be otherwise prevented from ling In nny cause or causes, the or the Justices ^hereof shall v to the same to the governor of t?te, end he shall immediately Inslon. especially, the requisite I number of m??n learned In the law for the trial and determination there? of. The same course shall be pur? sued In the circuit and Inferior courts as Its prescribed In this section for caaes of the supreme court. The gen? eral assembly shall provide by law r for the temporary appointment of men learned In the law to bold either apeclal or regular terms of the circuit courts arisen ever there may be I slty f ? h appointments.' 1 call y.oir parti. .dar attention to the sentence. *The same course shall W'bm pursued In the circuit and inferior courts ss is pr.-*. rlb.-d In this section for cases of the supreme court.' Why was the sentence Incorpoiated Into thla section" What does that sen? tence men? This action clearly AftvtN the governor, und htm alone, the " pow?r to appoint, and the power to commission, and holds him, and him alone, responsible for the acts und do? ings of the one whom he commissions; and. so holding him. It certainly would not b<- rlgb' ?iim| whs n<d Intend- d that some one else should dictate as to ^ v?h<>m be .should soenas?eefoa Then), BV should BjSJSjh a I "'1st ruet log be plti - d upon this section as to require hltn to or to commotion one whom not. for vei) good and sufll clent reasons, desire to commission or one whom. In his opinion, Is riot ^ i till the position for wbleb he Is recommended'.' True, the sec? tion goes further and says, 'The gen? eral assembly shall provide by law for the temporary appointment of men learned In the law to hold eltho epectal or regular terms of the clr ' 1 ? p that the 'same course shall he pur? sued In the circuit and inferior courts' an is prescribed in this section for cases of the supremo court.' Now, which is to govern? In my opinion, the ft. v. sentence. The second re? lated to and means when they shall be appointed, and under what circumstances they shall be appoint? ed; but, as to who shall be appointed the first sentence clearly and dis? tinctly states and makes It plain. "If the constitution had intended that any other than the governor should name the party, why was it provided that the same course should be pursued and why was It not provid? ed for the supreme court to recom? mend all for the supreme court as well as for the circuit court, and why was the first sentence inserted? If the general assembly upon the con? struction of the last sentence can pre? scribe as to how the circuit and infer? ior court vacancies are to be filled, why can It not go further back and prescribe that the governor shall ap? point to the supreme bench in case of vacancy upon the recommendation of some other person or persons? "In calling this to your attention, I beg leave to say that In my opinion, after a careful study into this matter, and investigation of authority, section 2743, volume 1, code of laws of South Carolina, is unconstitutional insofar as it prescribes, 'and in the event that there Is no other circuit judge dis? engaged, then the governor upon the recommendation of the supreme court, or the chief justice thereof if the su pureme court be not In session, shall immediately commission as special Judge such person learned in the law as shall be recommended to hold courti of such district or to hold such special court for that time only. Be? cause, as I have already shown to you the constitution distinctly .sets out how the vacancy shall be filled in the supreme court, and says that the same course shall be followed In the cir? cuit court and Inferior courts. "It Is plain that If a circuit judge is disengaged neither the supreme court nor the chief Justice has the right to do otherwise than to assign a disengaged Judge to hold any of the courts, and when another Is recom? mended, while there la a circuit Judge so disengaged, it is clearly contrary to the statute. "I hope that you will refer this mat? ter to the Judlctary committee of your respective bodies, and that they will take the matter under consideration and decide it, not upon What their pohte ai views ore toward the chiel eaoeutlvf of the State, or Waal their personal fetlhiga are toward the su? preme SlrttiI *>?. ~_but the law and give such a decision as the courts will sustain; and, if they feel that my position is correct, that they will a* once recommend a bill clearing up the situation, by repeal? ing section 274 3 of the code or so much thereof as is in conflict with the constitution; for, I assure you, that I have absolutely no desire to have any conflict with the Judicial, legislative or other departments of our government. I am endeavoring t.? do my duty as chief executive and from the many letters received and personal remarks which are made to me, I am satisfied that I am pleasing those who placed me in this high and honorable position, and I am not making any particular effort to please the other crowd; for, when the time comes, I am ready and willing to go hack on the forum and meet all com? ers, as I have done in the past, in re? gard to my course, and I feel satis? fied that the majority will sustain my position; if not, I shall have no tears to shed In this connection I would also beg leave to call to your attention that In my opinion when a disengaged circuit Judge is assigned to hold court for another circuit judge in case of a va? cancy, or In the event of a special term of court, that there should be some provision made by which the actual expenses Incurred by such judge while holding such court shall be paid by the county In which such court Is held, or by the State, as It is a hardship upon the smalt salary re? ived to call upon a Judge to go and hold other eourts than those regularlv assigned him and fores him to pay his hotel bills, railroad fare and other necessary expenses, while performing this extra service. He, of course, can receive no additional salary, but It teems to nie that ha should receivo his pay for expenses. I bt g vour pardon fof trespassing upon your time with ? ntoaaaga of this K ngth, but elrrumstanees may arise Whl< b WOUld Danas SMI unpleasant con? troversy which can be very easily voided by following the constitution Of the State. "Very respectfully, "Cole L Blease, Governor." If Mr. Lorlmor Is as Innocent as Mr. Burrows hoksi hiss to BO, he la . far too Innoeent to he a Sena? tor.- Detroit News. Why not dlSbaad CongTi ? and turn ONE lMl'OHTANT 1*1 l.l, PASSED. .Marriage LICCIIM Bill ami Drainage Hill Only Hills of Importance in Way of Qcnoml Legislation?Pro \ Islons of the Marriage License Law Which GOOS into RffOOt July 1. Columbia, Fob, 7.?The South Caro? lina legislature, ROW on the fifth week of It! forty-day session, will not pass a 1*111 more Important than the mar? riage license- bill, which has already passed both hous.s. The only other bill, which may be considered in a class with this, is the drainage bill, and this applies to only the counties in the lower part of the State. The marriage license bill, however, Is not yet a law. It has yet to be ratified and approved by the general assem? bly and signed by the governor. This will undoubtedly be done and the law will become effective July 1. Some of the principal provisions In the bill are: 1. That from and after the first of July it shall be unlawful for any person to contract matrimony with? in tills State without first procuring a license; and It shall also be unlaw? ful for any one to perform the cere? mony without the license having been presented, and any officer or person performing the ceremony without the production of such license shall be fined not more than $100 or less than $25, or imprisonment for more than 30 days or less than 10 days. 2. The Judge of Probate shall is? sue the license upon the payment of a fee of $1?in some counties the clerk of court may issue the license? the officer issuing the license to re? ceive 25 cents as a fee, the remaining to go into the county school fund. The persons desiring to contract mat? rimony must take oath that they are legally capacitated, give their ages, their full names and residence. 3. The party performing the cere? mony must fill out the marriage cer? tificate and return it within fifteen days to the judge of probate for re? cord and index. The judge of probate shall Issue a certified copy of said license and certificate to any person upon receiving twenty-five cents as a fee therefor. Only ministers of the gospel and others authorized to administer oaths in this State may perform a marriage ceiemony. Nothing in the act shall prevent proof of marriage In any way now allowed by law in this State. The party performing the ceremony ~v~n an out th*? blnnk on *b*? bfl^V of tl? e? 1.0 i SO. The r<>r of the LJoenso. , STATE OF Se PH CAROLINA. Whereas it has been made to ap? pear to me.Judge of Premate for.County, upon oath, that.of and .of.are le? gally capacitated to contract matri? mony and that their ages are re? spectively. . . .years and.months and.years and.months, and that their race is.and their nationality is. These are, therefore, to authorize any person eiualltled to perform the marriage ceremonies to perform the marriage ceremony for the persons above named, and for the so doing this shall be- sufficient warrant. Given under my hand and seal this .day of.A. D. Judge e>f Probate for County. Certificate: This is to certify that I.did this day per? form the marriage ceremony for the ?within named persona at. S. C.day of A. D. HOBSON "SPY" BILL PASSED. Penalty for Making Cnautliorlzed Oruwiugs of Naval Defenses. Washington, Feb. 6.?The House today passed the' so-called "spy" bill, introduced by Representative Hob son, of Alabama, The bill makes it unlawful for any perton to make photographs or drawings on board battleships e>r In navy yards or forts. without proper authority. For such offense the- penalty Is a fine not to ex? ceed $ 1,000 or ons year In prison. If the person attempts to sell the* Information t?> S foreign Government, the penalty Is fixed at ten years in prison. Mr. Hobson explained, In n spouse to questions, that the bill would not pre vent tourists from taking harmless snapshot* NORIIICA TO slNti. Uroat trittst Engaged for Bnartanburg Festival. Columbia, Feb. 7.?-Considerable In? terest is f? it here si well as else whore In the state in the announce? ment from Bpsrtanburg that Madame Nordtca, soprano; Signor Antonio Seotti, barltoie ; Madamne Alice Nlel son, soprano; Miss Florence Hlnkle, soprano; Mi.-s Christine Miller, con? tralto; Mr. Albert Queenel, tenor; Mr. Arthur Iflddleton, base, have been en BACH COUNTY TO HAVE CLUB. _ Coin Campaign in Stute Has Begun Already?Government Agents Com? mence Cam ass. Columbia, Fen. 7.?As a reiuK of the campaign for the organization and reorganization of the boys' corn clubs throughout the State, wh'ch began a Acek or two ago, under the district agents, Messrs. L. L. Baker and W. H. Barton, working under State agent Ira W. William-, a number of coun? ties have been gotten lino line for the coming year, and the work is rapidly being extended to cover territory which was not worked last year. So far the clubs in the counties of Cal houn, Barnwell, York, Oconee and Bpartanburg have been organized, the Calhoun club being an entirely new one. It is the plan of the department to have a club in active working condi? tion in every county of the State this year. Last year only 35 of the 4S counties had these clubs, but this year a olub will be organized in every one.j The district agents generally hold the first meetings, and after that the work is carried on under the local county agent, with the assistance of the coun? ty superintendent of education. The work is to be conducted along the same lines as Last year, each member of the club igToeing to cultivate an acre of corn under the directions mailed to them systematically from the headquarter! at Washington. Mr. Williams will visit most of these clubs himself in the next week or so. The present campaign will close about the first of April, when it is expected that the entire State will be organized. Beginning between the 15th of this month and the first of March, the county agents will work up for the coming year their lists of demonstra? tion farmers, who agree to cultivate certain portions of their farms under the mailed direct ons and personal su? pervision of the county agents. This work will also be extended during this year. Last year about 3,000 farmers became demonstrators, and this num? ber will be largely Increased. The j agents themselves will probably work a longer time this year than thereto? fore. BLEASE PARDONS GAMBLERS. Governor Item Its The Sentence of Ab? bott and Dear man. ? olumbla, ab. 7. -Remitting the |all sentences In the c res of Ed Ab? bott and Frank Dearman *J? r-ernor Bh me yestei la) acted In these well known cases. Abbott and Dearman pleaded guilty to gambling In Spar? tanburg In 1907 and were each sen? tenced to pay a fine of $60 and serve a year on the public works of Spar tanburg county. The statement came from the gov? ernor's office that "they paid their fines and the governor has relieved them of their sentences." Abbott and Dearman pleaded guilty to the charge of gambling in July, 1907, and were sentenced by Judge R. O. Purdy to pay a fine of $60 and serve a year on the public works. The chalngang sentence, however, was sus? pended during good behavior. In July, 1910, Abbott and Dearman were caught in a gambling raid at the Oregon hotel In Spartanburg and were fined In the police court and, later, upon a warrant sworn out by representatives of the Law und Order league, were taken before Judge W. B. Gruber to show cause why the- sen? tence of one year on the chain gang, suspended by Judge Purdy during their good behavior, should not be enforced. Judge Gruber decided the ease against Dearman and Abbott, direct? ing that they serve the sentence of a year on the public works. From Judge Gruber's decision an appeal was taken to the supreme court, Solicitor Otts appearing for the State. Last week the supreme court sustained the lower court, directing that they serve the sentence. When news of the court's decision reached Spartanburg Abbott and Dearman got busy with a petition for a remission of the jail sentence. This was freely signed, it is said, and was presented to Gov. Blease Sunday by B. J. Nichols, of Bpartanburg. FROM NEWSBOY TO PLAYWRIGHT Owen Klldare Dies in New York In? sane Asylum. New York. Feb. 7. Owen Klldare, sometimes called the "Kipling of the Bowery," Is dead. Broken in health and spirit, he died on Saturday in tb<- Manhattan state Hospital for the Insanet at Wards island, but ti" news did not become generally known un? til tonight. Klldare was 17 years Old and serv? ed ai a newsboy, professional pugilist, newspaper writer and finally author and pbi>wrlght. Constant occupation prevents temp? tation. Italian. ADMITS HE KIM M? FORTY. >./r. Pantehenko Got $250,000 Ice For single Poisoning. St. Petersburg, Feb. 4.?Dr. Patch enko, who has confessed to poisoning Count Vaaaalll Bourlin, for whose mur der both he and the Count'i brother in-law, Count O'Brien de Laaay, are on trial, was the star witness today at in- proceedings. He was called upon to plead a second time to the charge, and again pleaded guilty. His counsel, who has been trying to prevent Pantehenko from wavering from his confession, asked him on the witness stand wheth? er De Lassy had offered him $5,000 to poison Count Bouturlin, $25,000 to poison Gen. Bourlin, and $250,000 to poison the General's second wife. To ail three questions Pantehenko ar.s? wered in the affirmative. His answers caused a sensation in the court room, where for the last two days the spectators have been al? most surfeited with exciting incidents. The widow of the murdered Count detailed in her testimony the dream? s'ances of his death. She and her husband had been spending Easter at the General's estate in Vilna Province. Ker husband was then in perfect health. Later he left for St. Peters i'crg, and on May 2 2 she received an urgent telegram calling her to his edslde. I When she arrived she found he had been subjected to sperm injections and that it was too late to save him. She bad never hidden her suspicions tnat !)? Lassy and Pantehenko were re? sponsible for her husband's death. The witness broke down, and wept when Count Bouturlin's letters were r< ad In court. Dr. Cogan, who had attended Count Bouturlin after Pantchenko's injec? tions, said that he was informed of the widow's suspicions. He found evi? dences of blood poisoning, but was of the opinion that this was due to carelessness. In his earlier testimony Pantehenko had said that he was not in the habit of sterilizing his hy? podermic needles. The Count is acused of having em? ployed the Doctor to murder his brother-in-law, Count Bouturlin, the heir to estates of an estimated value of $3,500,000, in order that the prop? erty might be inherited by Countess de Lassy. Pantehenko in confessing his guilt, set un the def r the iime while under thi hypnotic influent i of the Count Vsked whether he had idmtu t <; I ... ison to his victim, Pantchenkc de? murred, saying that he would answer that question after the data of the medical experts, who had made the p< st mortem, had been presented in court. He explained that he did not sterilize his hypodermic syringe after he had sent some on the way to the grave, because the sperm preparation diminished in effectiveness when the syringe was sterilized. The whole empire is Interested In the case because of the wholesale con? fession made by Pantehenko. Every mysterious death of recent years is recalled and there are rumors that the poisoner may have been engaged to cause the death of members of the royal family. He has admitted that he made a business of killing for hire, heirs, rivals in love, insistent creditors and, in fact, any undesirable person whose enemy was prepared to pay liberally for the sudden taking off. The poison doctor, according to the police, has admitted some 40 deaths, his fees running as high as $250,000 for a single assassination. His meth? od was to inoculate the patient with cholera bacilli after he had been call? ed to the bedside In his professional capacity. Ordinarily, It was necessary that the proposed victim should be caught while Indisposed and some ruse ad? opted to bring Pantchenko's attend? ance. He is now credited by some w'th having originated the cholera epidemic of a few years ago. The Doctor is 70 years old and ap? pears to have had some standing in society, despite his dual profession. ('??unt de Lassy is a young man of Irish descent. The woman In the case is Mine, j Muravleff, With whom Pantehenko I b dged and to whom he says he turn < d over his earnings. She figures in tile trials as an alleged accomplice. De Lassy is a cousin of Countess Tarnovska, who is serving a prison term In Italy for complicity in the murder <>f her Ranee, Count Komarow ski. Count Bouturlin was 20 years old, the son Of General Bouturlin, whose family Is one of the oldest and wealth? iest in Russia. Pantehenko says that in the case of his latest killing he used dlptherla bacilli. For the murder he admitted he was paid by he Lassy, but "ii the witness stand he has failed to repeat his admission on certain points, Mi the reason, it js claimed, that he Is stil! under the spell of his co-defend? ant. HARMONY PRESBYTERY MEET? ING. Rev. Arnold Hull Received into Pres? bytery.?Rev. Mr. Trenholm leaves Lynchhurg ami Lake City Church? es. 1>i,iti the Daily Item, Pcb T. On yesterday the 6th, a called meet? ing of the Presbytery of Harmony was held in the Presbyterian church, with the following members present: Rev. J;is. McDowell, D. D. Manning; Rev. H. R, Murchison, Bishopville; Rev. Herbert A. Knox, Mayesville; Rev. Mr. Parker and Rev. W. J. McKay, D. D. Sumter, together with ruling elders, H. H. Singletary from Lake City, J. S. Evans from Midway, Mr. McFaddin, from Sardinia, Geo. Mc i Cutchen from Mt. Zion and D. Jas. Winn of Sumter. After Rev. Hugh R.vMurchlson had I been elected moderator the fol? lowing business was transact? ed: Rev. Arnold Hall was receiv? ed into Harmony Presbytery from the Presbytery of Cheapeake in Virginia, calls for his pastorial services having been extended from the churches of Midway and Sardinia and the same being now accepted by him. The Rev. Dr. McDowell and Dr. McKay with Elder Jas. Reeves were appointed a commission to install him pastor of those churches on the first Sunday in March. The Rev. T. B. Trenholm, pastor of the churches of Lynchburg and Lake City, requested on account of ill health to be relieved of said pastor? ate, and the churches concerned hav? ing consented in the request, the pas? torate was dissolved, the said action to take affect instantly. The clerk was instructed to convey to Mr. Trenholm the fraternal sympathy of the body. The Presbytery adjourned and im? mediately a meeting of the Presby? tery's Executive committee of Home Missions was held and the general condition of the Home Mission work ! in the Presbytery was reviewed. Minstrel and Oyster Supper at Rerr. bert. Rembert, Feb. 6.?On Friday even? ing, February 10th, in the school building, Rembert, at 7.30 o'clock, there will be a minstrel show and oyster supper. The one is furnished , by and h she A the State! urg High I school, the other u* tor th< < \eflt of the i. ? ng Creek High school, We sill entertali and cordially invite ?\ery one to favor by their pres? ence. Come for the music has nu? merous tendencies and all good people like oysters and hot chocolate, cocoa, etc. We will do all we can to make it Interesting and entertaining. Come and you wdll aid a worthy cause. W. K. Tavel CIVIL ENGINEER, and LAND SURVEYOR Oflico over Bank of Sumter. Trade Marks Designs Copyrights Ac. Anyono U? tlnf s ?ketrh and n>*erlr>Uon cm? nulclcly iuuiin.il mr et' ?!?n trvn tvLuilier an ? it?ontIon l? |i "?iably p*t?f'-Uile. Comtuiinlm i .)n?gtricily(<">n.!ftiai:ii. HfKDIJOOK i*nteuu v:nl frna. Ol " xtt n??i>?*/ fvr *ocurmir vkUojh*. Patent.1* t. k ji ttnourh Munn h Co. reculT? 'preiat ti?tice, wit heat charge, mibe Scientific JStutncan. A handeontelr IUn?tret*<1 weekly. T.nrr???t elr. ?-illation of n 'v f?'ienttti ' i.urnal. TWMt. i:i a rsmrt four ni ml hi, |L SotO. by all newmlcMlera. ISUNN & Co?<?~??-New Ycr?: Srau< h OS >i. gfj F 8t? Wabbln*:?;!. 1>. ATENTS PHOCURCO and DEFtNDEC. ^^madel, ilrt* nirf . r iili .to. tores(iert ?varvti ana f n*? r,*j> >rt. F.-?. uTvn-t', how to obtain (taUuiU*. MsSt m.naa,| eoprriskSA efo.. in ALL COUNTRIES. JBsaism Ji><\ t vith watsHgrftts saws tim*,] SHywi /?'?1 tkt patent. Patent and Infringement Practice Exclusively. WnU' Off DOOM tu SI at i 023 SliU Street, opp ?nlUd Statt? PaUat 0?ce ] WASHINGTON, D. c. We can offer you good Paying Employment that y< >i) will enjoy and ?: home. Writcto-dav