Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

<T1k o?httbman ar>> *outbran. PuhlUhcd WnhiiNl'n mill Satuiula>. ?BY? OSTEEN PUBLISHING COMPANY SUMTE it, S. C. I I I Mi? ll. SO pe?* annum?In advance. \riic rtlicint-in*: One Square first Insertion.$1.00 Every subsequent Insertion.50 Contracts for three months, or looser will be made at r ?Im. ? I (.<? All communication* which sub? serve private Interests will be charged for as advertisements. Obituaries and tributes of respect will be charged for. The Sumter Watchman was found? ed In 1110 and the True Southron In I 111. The Watchman and Southron now has the combined circulation and faduence cf both of the old papers, end is manifestly the best advertising medium In Sumter. Senator Bailey may find It more satisfactory to be the representative of the interests than to be a presidential possibility. His recognised ublllty and natural qualifications for leadership would probably have sained him the nomi? nation for the presl.b n y. but he has proved himself to be a better Republi? can than some of the members of that party and the rank and file of the Democratic party, of which he la nominally a member, will never submit to his selection as the standard bearer of the party. When he cham? pioned the cause of Lorimer and ar? rayed himself against Canadian re? ciprocity he destroyed the last vestige of confidence that many Democrats had In him. COHN MI N VISIT COLUMBIA. An- Considering Imitation Issued by Columbia. , Columbia, March 6.?Wo* the pur? pose of considering Columbia's offer, the location committee of the Nat tonal Corn show arrived In Colum? bia yesterday afternoon on the Caro? lina. Special. The commute, com? s South to dtcldf as to Whether the National Corn exposition will bt moved from the West. Columbia's chances for securing . gpoHiti. n ms sonstoV red most excelent and the question of bringing the great exposition here te ' nds en 1 ng. The buildings at ths State fair ground* will b. ffered th CedtttSbtJi I amber oi Com* ?Sjipsi *? r th- tapeestlegh Should the National Cora rjrpori lion be brought to Columbia It would mean that several thousand Middle Wsetern and Western farmers would pay a visit to this seen Ths members of Um location com? mittee sre E. I). Funk, Q H. Steven? son and W. II V<mng. Mr. Funk is president of the DSSTI ! >r. eders' as? sociation. Mr BtSVtWi ti is secretary. The commits . will remain in Soutn Camilla fir three day*. The com? mittee was received yesterday by a commlttc- from the CoHMihtg Cham? ber of C inmerce nnd were carried to Illdgewood club during the after? noon. Later the party went to the Fairwold farms, where the alfaK. AHds and the dairy nnd the poult! v vards were Inspected M. V. Ka bards, land and Industrial agen of the Southern Railway, will ?r.'ve In Coiui .Ma today. He will place hi* private car at the disposal of me committee for a trip over the Stat- Vmotig the p ;n's to b, visited will be Charleston and thn rich Pee Dee section of the s* ite. The commit? tee will go to Wlnnna. In Florence county, to th.- home of Jerry Moore, whtT- he pVSehSSSd hhl record-break? ing crop of corn on one a< re. The commit!** wMI l**n\ e Columbia to? morrow morning. An annoiino m r.l will be made later nm to whether Columbia win b? selected ;i ; ft'. n-\l no* ting plac*? of the Nathnal ?'????< *do>w. The no rn?-. r- f he d mSStttOC today be shown |1 t advantages -of? fered bv th? city of ('olumbla for the corn shov. \ representative of the <*?dum>> i <*i imber of Commerce **Hl accompi ir< committee to Charbst?n and Floren, e. e ' J \MI n ( II 1 \M KILL I I? f.r. || I \ II. iii' mi t in d bv TiayedN In Wwhcrr). Ntwh in. If sre ? a Moody tragedy took pSaOS today at Jno C. Hipp* obi TOWI plantation. II miles west of Newb-rry, In which James S. Ollltam. a white man cut a negro woman, M iv' . ji fto .k. on the neck and Jaw and her mother. Clayton Booatr. on the hand with a knife. Ollltam himself wai shot and killed by Sam Hooter, Ihn husband and fa? ther of the women Booier used a shotgun. The load went through the aSjeg of the neck as Ollllam turned, causing Instant death It Is better L? have a soro arm now than to haw I MMpj bodv full of sores, possibly nt any time In the future. RUPREMK' COURT o\ BPKClAIi JUDGE M'Imum \ii:ms. liti Opinion in (use* From l.aun * oiuiiy i> Decided laauc Similar la That Itctuccn Supreme Court and Govoruoe Bteuac In Hatter ol Nam lag Spr?tau Jadsji a?Law Thor? ntraghl] laalyaod i>> chief Jaattcc in Jaaaai Daria Caae, Columbia, Maren I.?-The Governor muat appoint ipeclal Jadgei upon the recommendation of tin- Supremo Court or the Chief Justice, This is tat tmphatk itatemtnt made by Chief Justice Jones, in an aplalofl handed down today, involving a point verv similar to that which has oeoaai ii. l .1 braacb batwoaa Oov ernor Cole L. Blease and the Supreme i Court. j The whole law on the subject of appointing special Judges, from the constitutional provisions to the stat? utes pursuant to those provisions, is gone into by Chief Justie Jones. I It was not the question of appoint? ing special Judges that loomed up in the opinion, hut of especial moment Is the obiter dicta of the Court on the matter. The real issue in the James Davis case, which is the case in which the decision was handed down, was whether or n<>t the Governor can or? der a special term of Court. The Su? preme Court rules that the Governor can order a special term of Court, when the solicitor requests it end when public policy demands such. The particular case in Court brought up the question also that the ' special Judge was correctly appointed. Chief Justice Jones, says in the opinion, that the Court happens to know that Special Judge J. H. Marion was nam? ed by Governor Ansel, upon the rec ommerafjnion of the Court. "^fncts In Davis Case. The caae of the State against James Davis came up from T^aurens county. The following is the Supreme Court's opinion, which In view of the ruling on the question of appointments of special Judges and the holding of special terms of Court is given in full: I At the summer term, 1910. of the Court of Oenetal Sessions for Lau rt-ns County, the defendants, Claude Ferguson and James Davis, were in I dieted for the murder of Ida Nelson , r| wan hrtod lion* > y hi Hoc >r J. ? i ? [)fartoa\ preatdlni ludaje and a Jur> at Ihc epwelel arm ol rfc* Court ? i Gren j I oral BeexHeai for Lanrena County, oc | toter, 1910. upon said indictment, and j was found guilty. j Motion was made in arrest of judg? ment upon two grounds: 1st, that ?.he special Judge was without Juris? diction to pass sentence bacause the ' aatra or special term v>f Court at which defendant was tried. waK order I ad by the Governor of the State and not by the Chief Justice as required by law. 2d. Hecauno no legal notice or advertisement thereof was given by law. The ntOtloa was overruled and defendant UWJ sentenced to be hanged on the 9th day of December 1910. Defendant now rauCWf his pjlnt that the Court was Illegally constitut? ed and the sentence void. The facti upon which the conten? tion Is has'd are thus stated In tho. case: "Tnat said special or extra term of Court was ordered by his Kx ( ellency M. F. Ansel. Governor of the State Ol South Carolina, upon the petit loa of the Hon, It A. Cooper, so? Uottor Of th?' xth circuit, and not by the Chief Justice of the Supreme ' Court ol the State of South Caro I Una. "That no formal notice of the hold? ; ing of said Court was published by I the clerk of the Court in any noovpa* ! p' r. but th" pubMahod notice was what appeared as a news Item and j not signed by any one." The auth >rlty for the ordering of ( ;i apoclal Judge is o- rived from Aril i. I, lection of the Constitution, und the statutes pursuantt thereto. So much of Article B, Section ?'?, of the constitution, as is relevant to the quest loa Ii ai follows: "The Qeacral Assembly shall provide by law for the temporary appointment "f nu n learned In the law, to hold either sped ti or regular terms of the Circuit Courts, whenever there may be aeceealty, foi auch appointment." The staliil? ?? on the Subject. The existing staiules on tin- sub? ject are as folor/S! | Coda, 19U?, i Boctloi IS, "Special sessions of the Courts of Common l'bas or General Sessions may be hold whenever so ordered, either by the chief Juatlce or by the Circuit Judge, at the time holding the Cln nit Court of the couo? ty for which th. extra term may be ordered, of Which extra term such no I tlce shall be PjrVOa ai 'he Chief Jus? tie?? or the Circuit Judge so order? ing the sann' may direct If such ex? tra term of either or both the Court aforesaid be ordered by the Chlel Jus? tice hi may order any am of the Circuit Judges to hold the same; hid if su< h extra term bf ordered by a Circuit Judge, as herein before pro? vided, then siu h extra term shall be ' held i>> the Circuit Judge so ordering the enme, etc. The clerk of euch Court shall at l.ast fifteen days be? fore the commencement of such spe? cial session cause the time and place for holding the same to be notified, for si least two weeks successively, In ? ne or mor ? of the newspapers pub? lished nearest the place where the ses? sion Is to be holden, etct Said spe? cial session shall be held in pursuance Of an order which shal he transmitted to the Olerk of the Court, and by him entered on the records of the Court." 1 Code of Laws. Section .,74n pro \ ides: "Whenever any circuit Judge, pending his assignment to hold the Courts <>f any Circuit, shal] die, re? sign, be disabled by illness, or be absent from tho state, or in case of a vacancy in 'he olliee of Circuit Judge of any eiroi it, or in case the Chief Justice or presiding Associate Justice of the Supreme Court shall order a spec'al Court of Common Pleas and General Sessions. in any county In this State, upon a satisfac? tory showing that such special Court is needed, the Chief Justice or pre? siding Associate Justice may assign any other Circuit Judge disengaged to hold the Courts of such circuits, or to fill any appointment made necessary to such vacancy, or to hold such spe? cial Court; and in the event that there be no other Circuit Judge dis? engaged, then th** Governor, upon the recommendation of the Supreme Court, or *he Chief Justice thereof, if the Supreme Court be not in ses? sion, shall immediately commission a special Judge such person learned in the law as shall be recommended to bold Courts of such circuit or to hold special Court for that term only, etc." Section 2.74 4 provides: special Terms by Governor. "Upon th*? application to the Gov? ernor by the solicitor of any circuit, stating that the public interest de? mands an extra term of the Court of General Sessions in any county of the State, or upon the application of the majority of the members v>f the Bar of any county, stating that the civil business demands an extra term of the Court of Common Pleas, it shall be the duty of the Governor to ap? point some man, learned in the law, and to be suggested by the Chief Justice of the Supreme Court of the State, to hold an extra term of said' Court or Courts in said county, and notify clerk of said Court of said appointment." Soottor. I "M? provide*' 1 ' Wh< tl n I Mied of I h at- j m- nt ? i f the said I . i ? no? tify is nroi ei ant hot ? anc ? h* .v nd . ir -.halt be lummo ed to at tend it it be a Court ol Sessions, ana a petit jury shall be drawn and sum? moned, if jury cases are to be tried, in the regular manner, for the pur? poses of said Court, and as the same may bp necessary, and the clerk shall notify said special Judge of the time fixed for holding said special term of court." The Constitutionality of these stat? utes is not assai'.?d in this case, but there is no room whatever to doubt the plenary power of the Legislature to provide for special terms of Court and the appointment of special Judges to preside over special or general j terms, as has been done In the stat? utes quoted, Tim contention Is that the power to order a special term is exclusively judicial, vested In the Chief Justice under Section 2S, first above quoted, and that Section 2,74 5 harmonizes with such view. It Is quite true that under Section and 2,743 the Governor has no power whatever to commission a special Judge not recommended by the Su? preme Court, or the Chief Justice, it the Supreme Court be not in session. The Governor's duty to issue a com? mission to the appointee of the Su preme Court or chief Justice Is purely i ministerial. He has no discretion whatever to Ignore or set aside the Court's recommendation and is bound to issue the commission, precis, ly as he would be bound to issue a commls" slon to a Judge elected by the Gen? eral Assembly. , Cannot Appoint Without Recommen? dation. Should the Governor undertake to Issue a commission to a person not recommended by the Supreme Court j or chief Justice, the commission would be Void, and any Court at? tempted t > he held by the person *o commissioned would be corani non Judlce. The appointment of a special Judge to preside over the special or regular Court is not essentially and Intrlnsi eally an Executive function, within the classification of legislative, exe? cutive and judicial powers, under Ar? ticle i, Section 14, of the Constitu? tion, but may be regulated by statute, Mayor of Baltimore VS. Hoard of C?? lbe, HB Md. r.72, 7 1 Am Dec, 572. People \s. freeman, BO Cal, 2:;:?. IS Am St. Rep, 122, and note 1 JTi. Fox \s McDonald, lOy Ala, 51, 4?; Am St. Rep, II, State vs. George, 22 or 142, 28 Am st Rep, 586, Sinking Fund emus vs. George, 104 Ky, yi Am st Rep, 164, Overshlner vs. state, 166 ind. is? Km B1 hep. 187, The weight of authority and reason Is against the contrary view expressed in state \s. Washburn, 167 Mo, 680. 80 Am St Rep, b30, as thow < by the cases cited in ;lu' note at page 439. T). s brings ui t<> Section 1,7 1 I. un? der which Governor Ansel acted in ordering the special term in question. I This section, as we construe it, makes if the duty <d' the Governor to order a special term upon the existence of 'certain conditions, viz. the applica? tion of the solicitor statin-,' that the public Interest demands an extra term of the Court of General Ses? sions in any county of the State, or upon the application of the majority of the members of the Bar of any county stating that the civil business demands an extra term of the Court of Common Pleas, and just as Imper? atively the Governor is required to appoint as special Judge the person learned in the law suggested or recom? mended by the chief Justice. An ap? pointment of any person as special Judge without the suggestion of the Supreme Court or Chief Justice under this secion would be void, as in the case of an appointment under Section 8,748, without the recommendation of the Supreme Court or Chief Justice. Judge Marion Correctly Commis? sioned. The case states that application for the ordering of the Court was made by the solilctor, which was in com? pliance with the requirement of the statute, hut does not state that the Hon. J. H. Marion was recommended for appoinment as special Judge, by per authority, but the presumption would be that the Governor did his duty and that such r commendation by the Supreme Court or Chief Jus? tice had been marie. This Court, however, knows that the Hon. J. IT. Marion was duly recommence d to Governor Ansel by the Chief Justice for appointment as special Judge to hold said special Court. Hence our conclusion is that the Court was or? dered and the special Judge appoint? ed and commissioned by due author? ity -of law. The question is whether the failure I of the clerk to publish formal notice of the Court in a newspaper vitiates such Court. We are hound to pre? sume, in the absence of any thing to the contrary, that the requirement of Section 2,74 4, above quotea were complied with, that the proper au? thorities were notified by the clerk,, that the grand jury was summoned to attend, that the petit jury was drawn and summoned, in the regular man? ner, and the special Judges w^p no? tified of the time fixed for bjhding ] I snhf sn^eial term of Court. Court ordered und r Section 2.744 ' shaf! he p .': 11 shed! In a newspaper. i he 1 eijuo eim hl ?xn ?.v> k, ... a special Court ordered by the Ch'cf Justice under Section 28, supra, di.es not apply to the special ('"iirt order? ed under Section 2,744. ft is suffi? cient notice and publication of com? pliance be made with Section 2,74 Z. and it is not contended that there ' was any noncompliance with its pro? visions. Appellant's exceptions to the jurisdiction of the Court to try and* sentence are overruled. Other Points Involved. The first and second exceptions as i 1 sig*n ^rror in admitting testimony as; to the killing of Tony T.eaman and of Alexander Ray, when the indictment i I alleges the killing of Ida Nelscn. The testimony submitted was to the eff^c* | that Tony Leaman and Ida Nelson were shot at the house U'here Ida ; Nelson lived at the same tlm , an-1 j that Alex Hay was shot ubout one , hour later and about one mite dir- , tant the same night. That Claude ! Ferguson and defendant Davis wer* . together th - evening of the h*.V<kleide, i and that Davis wanted to borrow a I istol from Mack Harris, stating that; he was in trouble because Al:-x Ray i had taken his wife to Poplar Springs; j that thereafter a gun was produced that night Claud.' Ferguson and de? j fendant Davis went to the house of j Ida Nelson, with whom Claude Fergu I son was intimate, and that Davis call-j i ?. d Ida, and when the door was open ed be went in and Ferguson follow.d, : having the gun, and immediately shot j Tony Loaman and then instantly shot . Ida Nelson In her bed. and again shot j her as she attcmpted*to th e from , the house. There was testimony that ; Davis vonuntarily admitted to John I l>. Owlngs, sheriff, that shortly after Ferguson and Davis left the place J Davis said to Ferguson: "Now you have done your work, you can go J with me to do my work;" that the defendant proceeded to Alex Kay's , house and Ferguson called Ray out, and Davis, who had the gun. shot arid killed Ray. Davis admitted to Sheriff Ottings that he shot Kay, but at Ferguson's command. The circumstances were sufficient to i convict Davis with all the homicides as a part of a connected scheme of murder and rendered the testimony ? competent. From what has been said ii appears that there was testimony to sustain the allegation that defendant Davis ' killed Ida Nelson, as it appears that ; h. was present aiding and ah. King. I All persons present aiding and abet? ting a murder arc regarded as prin? cipals and equally guilty. State vs. Fley, 2 Brevard, 338. State vs. rut man, is s. C, ITS. State vs. Hunter, ifi Li Ballig Powder Economy The manufacturers of Royal Bak? ing Powder have always declined to produce a cheap baking powder at the sacrifice of quality. Royal Baking Powder is made from pure grape cream of tartar, and is the embodiment of all the excellence possible to be attained im the high? est class baking powder. Royal Baking Powder costs only a fair price, and is more economical at its price than any other leavening agent, because of the superlative quality and absolute wholesomeness of the food it makes. Mixtures made in imitation of baking powders, but containing alum, are fnjquently distributed from door to door, or given away in grocery stores. Such mixtures are dangerous to use in food. In England, France, Germany and some sections of the United States their sale is prohibited by law. Alum is a dangerous mineral acid, and all physicians condemn baking powders containing it The label of alum be king powder*** must show tho ingredients. READ THE LABEL 7ii B. C, 7T?. The foregoing stale-! mcnts require that the third, fourth [ and fifth exception* he overruled, circuit Court Affirmed. When the Court admitted the testi? mony as to the killing of Tony Lea- i fail, d to do BO. It is contended that this was error. While this specific Statement was not made to the jury, in the charge, it was manifest to the jury by the ruling of the Court and the charge as a whole that Davis should not be convicted unless he was found guilty of the crime charged in | the indictment. Xo doubt the omission to charge specifically on that point was a mere inadvertence, and was not deemed of i sufficient importance by defendant's j eounsel to cause h*m to call the j Court's attention to the omission. The judgment of the Circuit Court is affirmed and the case remanded for the purpose of assigning another day for the execution of the sentence of the Court. We concur. Eugene B. Gary, A. J; C. A. Woods, A. J.; T>. C. Ffyderick, A. \ Plea for Attschseace. New Y<uk Times. it is an excellent thing for the President of the United states to give a perfunctory endorsement to a tem? perance movement. President Taft has ilone more than this In his letter to be read before three thousand Sunday schools, dac taring that "each person must determine for himsi !: the course he will take in reference to his tastes and appetites, but those StlO exercise the self-restraint to avoid altogether the temptation of alcoholic liquor are on the safe and wiser side.*1 Mr. Taft may not know, what the experts on inebriety have learned, that the Immoderate use of alcoholic bev? erages Is not at all a result of taste for them. The plea for total abstin? ence could, be made a great d< al stronger lu special cases If those who indulge Immoderately In drink were known for what they an?neuras? thenics. Bubject to physical and ner? vous disorders, they do not drink be? cause they like the drink, but to ob? tain a certain effect, relief from a de? pressed condition. Those who drink occasionally in S social way and f >r social purposes are not in danger. I oit persons who feel that they must resort to stimulants hardly if ever ac? quire tin habit from previous drink? ing*; >t arises from ;t pathological state for the remedying of which they should .it once consul! a physi? cian. Among such persons, women .1^ as nun, the rule of absent 1 it ence should be Inflexible, the me: n? ,,i r lief being sought in rest and roer< ation and exercise. Send us your Job work. COLORED FARMERS ORGANIZE. Prog,reaaivc Men of Negro Rnue Unite in Good Work. The colored farmers of Sumter county met in the court house Satur The officers of the Tomato Club are: Miss Es?ic Robinson, Horatio, president; Miss Carrie Richardson, Stateburg, vice-president; Miss Chris? tina Wilson, Sumter, secretary. The officers of the Corn Club are: Augustus Sumter, Stateburg, presi? dent; George Cohen. Uembert, vice president; James Shaw, Stateburg, secretary; Edward Murray, Sumter, treasurer. The officers of the Farmers' Union are: Richard Roach, Stateburg, pres? ident; S. J. Bradley, Stateburg, vice president; Seymour Howard. Dal zell. secretary; G. E. Winn. Wedgefield, treasurer. The court house was filled to its capacity. There is a great awaken? ing among the- colored farmers of Sumter county. Dr. E. W. Brawley was present with his teachers and students v. ho came to hear the re? marks of expert farm* is. He is plan? ning an agricultural station at Mor? ris college. Miss Emme J. Wilson,. pr> sident of the Mayes\ille Industrial and AgTtoutural Institute could not be present but sent the teachers and students, dressed in uniform. Mr. Davis D. Motse, Esq., and Mr. E. I. Farrott, gave the farmers a very welcomo address. All were ph ased to h?ar from these two -.cry prominent gentlemen. Mr. Moiae said in part: The South cannot get along without the negro and the negro cannot get along without the South. The farm? ers pay their bank notes l etter than any other class of people. He also urged th. ni to obey the law and don't let crime Increase ><ith proe i" rity. Mr. Parrot! urged the color? ed people not to give mortgages to .-hark agents who go through the country selling things that they can do without and paying an excessive price for them. Some of the artieb s mentioned were watches. CyegUtSSes, organs, clocks and etc. Mr. Harttless Gains said In his re? marks when we get ? good leader wo ought to keep him and encour? age him. Ih\ C. W. Maxwell told the farmers how to keep healthy on the farm. The promoter of the meeting was R. w. Westhury. demonstration agent for United states Government. He has been employed two years to in? struct ? oh.r? d farm* rs In the latest methods of farming. East year he collected from merchants and friends of the farmers of this county $t>*?.oo and gave it to the farmers, as to its distribution it Will be seen in his last \ eai s report. s > mour Howard, s, Per. it, w. West berry, Promoti r.