Historical Newspapers of South Carolina

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HOUSE INCREASE BILL PASSED I>1 M? h KATS AM) UOLTlNti MB* PUBLICANS FORCE PROVISION FOR LU MFMBFRS. Many Stmk-s t.aln by Rcapportlonroent ??Victory for Democrats lies to Do feat of Plan for ??1 Members aa ut Prtwnt. \s ashington, Feb. 9.?The Demo? crats of the house, aided by a tew H*> put-llcans who declined to be bound by the patty caucus, today won their fight for sn Increased representation la the lower branch of congress under the census of 1910. They voted down the Republican caucus bfll to main? tain the membership at 391 as at present, and then passed the original Crumpacker bill, fixing the member? ship at 433 on and after March 3. 1913. If Arlsona and New Mexico should hi admitted to statehood, they will be given on* representative each, bringing the total up to 435. Today's action of the house must be ratified by the senate. The houie leaders believe that the senate will follow the wishes of the lower branch. Undr tha new respportionment plan no State loses a member. The following States gain the number In Icated: , Alabama 1. California 3. Colorado . Florida 1. Oeorgla 1. Idaho 1. Illt >ls I, Louisiana 1. Massachusetts t. Michigan 1. Minnesota, 1, Montana 1. New Jersey 1. New York 6, North Daokta 1, Ohio 1. Oklahoma 3. Ore 1. Pennsylvania 4, Rhode Island 1. South Dakota 1. Texas 2, Utah 2, Washington 2. West Virginia 1. The house spent more than five hours In discussing and voting upon the bill and various proposed amend? ments. An amendment offered by Representative Bennett of New York leaigued to cut down Southern repre? sentation was voted down, 164 to 96. Representative Crumpscker of In? diana, chairman of the committee on the census, and suthor of a number of bills to reduce the representation from States In the South, voted today against the Bennett amendment and was applauded by the Democrats. The Democrats lost but one decis? ion during the entire light. A com? mittee amendment in the bill, prov? iding thst St .iff* hIiouM be refllrtri t< 1 by the legislature, wis voted down on *n appeal tu>m the Republican nun?l? r* cf tlu MUsro-, d? b->roti r. Th*) declared l StRtr* should be permitted to rcdtstrlct themselves In their own wav. The advocates of s membership of til fought for their cause up to the very last minute. Just before the final vote was taken. Representative Camp? bell of California moved the recom? mitment of the 433 bill, with instruc? tions to the committee of the whole house to report a substitute for 391 members. The motion was lost by a vote of 131 to 171. This reflected the sentiment of the members so de? elslvely that the vote by which the bill was passed was decided In the affirmative without s division or a roll call. i'hamp ?'Urk of Missouri, in favor? ing an increase In membership, de? clared that the real work of the I house would continue to be perform- ' ed in committee and that the num- i her of members on the flo^r woutd make little or no difference. RIGHT. All ( ttmn on Docket Wound t p or < ooUnueil t iitll \e\t Tonn of Court. After a very short session, during which one case for munb r. OB? f r rape and several other cases of lesser I importance were heard, the court of; general ??**[<>na adjournsd Thursday night s? H P. M.. after the Jury had turned In a verdict In the case axalnst Johy Itlchurdson for murder. Sjggf h*? hud seen * < ? I by Judge DeVore. The appeal of Oeo. p. M? Kagen, form the Recorder'.?* court, was con? tinued until the next term of court. It wa.t decided to postpone the hearing of the Injunction case against the Ragles' club until February 20, wh?n It will he heard at KiUK*tree. () o. D. Levy and it. Dozh-r Lee represent the Ragles' club In th* enjie and I >. I>. Moise the Hank of flumter, while the Solicitor will han? dle the State* side of the uffair. HOW 'S THIS? We offer One Hundred Dollars Re? ward f??r any chm? of Catarrh that cannot be cured by Hall's I 'atari h Cure. f. j ''iikvky a CO., Toledo, o. We. the undersigned, have known F. J. Cheney for the last ir? year*, and believe him perfectly honorable In all business transactions and financially able to csrry out any obligations made by his firm. WALDINO, KIN N N N' * MARVIN, Wholesale OrtiKgist*. Toledo. (). Hall's Catarrh Cure Is taken Inter? nally. ACtlns directly upon the Mood and mucous surfaces of the system. Testimonials sent free. Price 7 f. cents per bottle. Sold by all Druggleta Take Hell's Fsmhy Fills for consti? pation. 2-4-lm REPLIES TO BLEUE. jidiciary ootUfRTEE OF liorsi: ox mfssac.i: no. II, Ihl legislature Haw lb < n Given the Authority und Uns Delegated That Authority in Du* State Statutes. Columbia, Feh. 10.?The judiciary committee of the house last night submitted a special report upon mat? ters complained on in message Xo. 11 from the governor's office. The offi? cial nature of that message gave it Importance to be considered by the committee. The governor seemed to have had fears that the statute law as to the methods for providing for vacancies on the bench conflicted with the con? stitution. These fears may, perhaps he set at rest by the statement of the Judiciary committee. The senate Ju? diciary committee is said to have de? cided on practically the same state? ment, to be expressed somewhat dif? ferently. The report of the house judiciary committee is in keeping with the mild mannered statement of the supreme court in the recent controversy with the governor's office. It was written by Mr. Osborne of Spartanburg. Messrs Stevenson and Gary were members of the subcommittee to look into the law, Mr. Gary having been a member of the constitutional convention. The Judiciary committee of the heuse thanked the subcom? mittee for their statement, which is as follows: To The House of Representatives: The committee on Judiciary, to whom was referred the message of his excellency, the governor, relating to the constitutionality of section 2743 of volume 1, of the code of laws of 1902, relating to the appointment of special judges to hold regular or special terms of the circuit courts, beg leave to submit the'r report and the reasons for their conclusions thereon, as follows: Briefly stated, the question Is: Has the governor the right under article 5, section 6 of the constitution of 1896, of his own motion and Inde? pendently of the supreme court, to appoint a special judge to hold a special term of the circuit court or a special Judge to hold a regular term I?f b1 Urf T^ni ?v*r|o?,o <o o vS - an? v.* , ? j To answer tmr. we mart look to the constitution ltseU mid determine what it mooni ?r n properly con strued. Wl?ere Is the Authority? First of all, we take it that it will be unquestioned that for the governor to exercise the appointive power in any event, justification therefor must be found either In the constitution or in legislative enactment. In the ab? sence of both, he has no such author? ity. If, therefore, he has the power to appoint special judges to hold reg? ular or special terms. It must be found In article 5, section 6 above men? tioned, as we do not understand that It is claimed to be found elsewhere. Let us then examine that section. It provides: "Article .", section No judge shall preside at the trial of any cause In the event of which he may be Inter icd, or When either of the parties shall be conm ctcd with him by affin? ity or consanguinity within such de? grees as may ! e prescribed by law, or In which he may have been counsel or have presided in any inferior court. In case all or any of the justices of the suprem ? <?>irt shall be thus dls qalltled, or be otherwise prevented from presiding In any cause or causes, the court or the justice? thereof shall certify the same to the governor of the State and he shall immediately commission, especially, the requisite number of men learned in he luw for the triad and determination thereof. The annas course shun be pursued In the Circuit and Inferior courts as Is pres. rlbed In this section for cases Of the supreme court. The general ;\sseml ly shall provide by law for the ? mpora ry appointment of m< n l.aiiied in the law to hold eitler ?pe< Lai or regular terms of the circuit courts whenever there may be neOOS for BUCh npplontment." What the Convention Means. A careful reading of the foregoing ctlon shows that the constitutional convention had three things or eon llngei lea In mind and for which they h< d to provide, namely: l. 1 ne appointment of one or more UV B learned In the law." to act in the place of any DIM or more of the supreme courl latleea ?ben they or any or them are disqualified by In? terest In the cause, by alllnny or con? sanguinity, or In Which they may have i ? en i ounsel or may have presided In hi inferior cocrt, or In which they or any of them shall be "otherwise prevented from presiding In any cause or causes." Coder these con? tingencies or any of them, upon such facta being certified to the governor by the "court or the justices thereof." It Is provided that the governor shall uommaselon "specially" the "requisite number of men learned In the law for lhs trial and determination thereof." The question arises: The trial and de termination of what? The anwscr olearly is, the trial anil determination of those eaaei only in which the su? preme court Justice or justices is or ar>- disqualified; not for the whole term of the court nor for the trial of any certain number of cases nor for any ipecified length of time; butsim ply to take the place ()f the disquali? fied judge in the case in which he is thus disqualified, if we should stop right here and there were no other provision in the law permitting or authorising it, the governor could not SVOn appoint a successor to one of the justices of the supreme court who should die or resign; and for this Very reason it was provided in article 5, section 11 of the constitution, as follows: "All vacancies in the supreme court or inferior tribunals shall he filled by elections are herein prescribed; pre vided, that if the unexpired term does not exceed orte yea** such vacancy may be filled by the executive ap? pointment." For the Supremo Court. So far, then, il will be observed that the section in question only deals with appointments by the governor to take the place of justices who are disqualified or prevented from pre? siding in particular cases in which they are so disqualified or prevented." Hut there yet remains a similar sltu tlon in the circuit courts which must be provided for and instead of leaving that to be arranged for by the gen? eral assembly, as the constitutional convention might have done, they also give the power of commissioning in such cases to the governor. The lan . .age is as follows: "The same course shall be per sued in the circuit and inferior courts as is prescribed in this section for cases of the supreme court." Now what is meant by "the same course" and "for cases of the supreme court?" The meaning should be clear when it is remembered that the only "course" before referred to relates to notification to the governor of the disqualification or inability of certain justices to act in certain cases, and the appointment by him of some one to take their places in the trial of the very cause in which the disqualifica? tion or inability to act, exists. Such are the "cases" referred to in this last provision, and such is the "course" referred to. In other words we think it clear that whenever a circuit judge is disqualified t-? -et In] the trial of any cause that comas up I before him, foi any of the reas- ?:. J set forth in ?he first part of suet* ! o, or wneu ho is "otherwise preveutcd from presiding," then upon such fact being certified to the governor, he has the power to "commission specially some man learned in the law for the trial and determination thereof." Just here It should be borne in mind that so far, not one word has been said about the governor being empowered to appoint a special Judge to hold either a special term of any court or a regular term thereof; and so far nothing is left open for action by the general assembly; on the contrary the whole matter is fully covered by the constitution. And yet there is one situation that is, thus far, left un? provided for at all, namely, the ap? pointment of special judges to hold special terms of the circuit courts and regular terms therof when necessary. Note, too, that up to this point the general assembly has not been men? tioned. Left to the General Assembly. 3. As to this the language Is as follows: "Tic general SSSOmbly shall provide by law for the temporary appoint? ment of men learned In the law to hold either special or regular terms of the circuit courts whenever there may be necessity for such appoint? ment." Now if the constitutional convention had Intended that the governor should have the power just by himself, to appoint special judges, to hold whole terms of regular and special courts, Whj did It not say so? It did and does specify clearly those cases whore it does give him such power of com? missioning. Such power will certain? ly not l>e Inferred, especially where there Is not the slightest Indication of it, and especially In the face of the positive mandate of that instrument, as above quoted wherein it is ex? pressly provided "thai the general as? sembly shall provide by law for the spp rintment" of such special judges to hold special or regular terms, when there Is necessity for same. The lan? guage shows clearly that the matter of "providing for the appointment of Bpe< lal Judges to hold special and regular terms of court when neces? sary" was left entirely and wholly to the general assembly to do as it pleased and to make whatsoever ar? rangements regarding Ihe same, might seem Wise to it, and by neces? sary Implication) excluded the chief executive ami all other authorities) from any power In relation thereto. This provision certainly does noi say that the governor shall appoint or commission In such cases, and no 1 provision contains the power author? ising him to appoint a "special judge to hold a specie court," so win power? His name is not even men-! I tinned in connection with this sub j< ct. The general assembly must pro? vide for such appointments, if they have the power to provide for such ! appointment, has any coordinate' branch of the government the right I or power to limit that authority or to say that they may do so, provided it be left to the governor or other offi? cer to designate the appointee? .\gain, if it was Intended that the governor should have the right and power of appointment of special judges for whole terms of court, regu- j lar and special, just as he could in appointing to fill places of disquali? fied judges and justices for the trial of single cases, why leave anything to the generaly assembly at all? The con? stitutional convention could just as easily have made provision for one class of cases as for the other. The Whole Matter. We think that the real meaning of the section, stated plainly, is that the governor is empowered to appoint men learned In the law to take the place of justices of the supreme court and judges of the circuit courts 'who are disqualified for any reason men? tioned In the section or who are other? wise prevented from pr?t-'.ding, in particular cases, and only for the trial of such cases but that the matter of appointing special judges to hold either special or regular terms of the circuit courts is left absolutely to the general assembly, and that the gen? eral assembly has properly made pro? vision for such cases by enacting sec? tion 74 3, Vol. 1 of the Code of Iaws, 1902, which, in our opinion, is con? stitutional. In our view, if It were not for the provisions contained in said section, there would be no author? ity at this time for anybody to ap? point a special judge to hold a special court, or a special judge to hold a regular term when the presiding judge was unable to hold it. Respectfully submitted. H. K. Osborne. For the committee. February 9, 1911. On motion of Mr. Dlxon the report was received as Information and or? dered printed in the Journal. ?When her child Is in danger a woman will risk her life to protect it. No .Treat act of heroism or risk of life !b necessary to protect a child from croup. Give Chamberlain's Cough Remedy and all danger Is avoided. F >r sale by all J'-a!- rs. Vacancy I Uled. ham, of Manning, resigned as trustee of the State College for negroes at Orangeburg, there was elected E. Dudley Hodge, of Alcolu, Prof. John G. Clinkscales, of Wofford, was nomi? nated but this nomination was with? drawn. ?Foley Kidney Pills are a reliable remedy for backache, rheumatism and urinary irregularities. They art tonic in action, quick In results and afford a prompt relief from all kid? ney disorders. W. W. Sibert. A great deal of freight is being handled by the railroads now, most of it being various kinds of com? mercial fertilizers. ?Sedentary habits, lack of outdoor exercise, Insufficient mastication of food, constipation, a torpid liver, Wor? ry and anxiety, are the most common causes of stomach troubles. Correct your habits and take Chamberlain's Stomach and Liver Tablets and you will soon be well again. For sale by all deab rs. Honduras is one of the most inter i sting souvenirs Mr. Morgan has col lected.?Omaha Bee, A Chicago maiden was to marry a Crow Indian. Can you blame her?? Milwaukee Journal. wife Got Tip Top Advice. ?"My wife wanted me to take our boy to the doctor to cure an ugly boll," writes D. Krankel, of Stroud, Okla. "I said 'put Bucklen's Arnica Salve on It.' She did so, and It cured the boll in a short time." Quickest healer of bur ns, scald, cuts, corns, bruises, sprains, swellings. Va st pile cure on earth. Try it. Only 25c. at Bibert's l 'rug store. Resolutions arc in order. The !>c^t resolution f?>r you to make is to be on time for business, en? gagements, etc. during 19II1 and the besl way to do this is to pur? chase a Howard Watch. Abso? lutely dependable. \{] A TlmmrKnn . St. IS! lit ' The easy divorce business is illus? trated by the statement that there are 50 divorce decrees in a court in Cum? berland county, Pa., that are of no ef? fect because the divorced couples be P"\vtr and w?Md compel these couples to remain apart they would dOUtbleOS think it a great hardship, notwith? standing the foolish part they played in trilling with the court.?Nashville came reconciled. If the court had the) Banner. ??o * * V? e|e e|e if, ^ o f|? e$e e$e | e|* *^ 4* 4* 4* 4* ^ Cut Glass! * _ 4 ? 4 Sibert's Drug Store, 4 w. w. SIBERT. ?2? Phone 283. :: No 8 S. Main St. *?? E have one of the prettiest assortments of Cut Glass that has ever been shown in Sumter, and will appreciate you giving us a call if in need of these goods. You will find them on display at our store, and we will take pleasure in assisting you to make your selection. Seed Potatoes! Seed Potatoes! Strauss' Satisfactory Selling Seed Potatoes Makes for Good Results?Big Yields. EARLY ROSE, IRISH COBLE* AND BUSS Direct uom Maine. Buy Your Sweet Potatoes From? A. A. Strauss & Co. PHONE 85u 26 N. Main Street Sumter, S. G. SPECIAL ATTENTION TO MAIL ORDERS. Time to Li^t Your Prope***-~ -o Now is the time to list your farm property for sale du coming fall. Property to be sold to advantage lias to be ir. and properly advertised. It takes time to inspect 75 or 100 places. If, therefore, you have property which you expect to offei lor sale this fall, list it now. My sales the past season anuninted to over $200,000. This means I have been able to sell property for e^thers. If your prices are right, I can sell yours. Write for description blank and listing contract, 0 CITY, FARM AND TIM? BER PROPERTY HAN? DLED. REAL ESTATE LOANS NE60TIATE0. R. B. BELSER, 26 1-2 N. Main St. Real Estate Attorney MONEY INVESTED l'< REAL ESTATE MORT? GAGES LET ME INVEST YOUR IDLE MONEY AT 7 AND 8 PER CfSJl Sumter, S. C. DON'T ^MflssmMMftmssvsaaeai^BaBapwaaaaaasamaasaamami WAIT Wait for next Spring and higher prices buy IIOW and reap the pro? fit yourself. Some of the Choice Properties Listed With Us now at Quick Sale Prices! No. 331 West Hampton Avenue. No. 212 West Hampton Avenue. No. 24 Haskell Street. SUMTER REAL ESTATE * INSURANCE CO., Farmers' Bank & Tru:;t Co. Hldg. Sumter, S. C.