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fltchtttftti and TMK si'ifTKit WATtlDlAX, KutsriBshOd April, 1SM. ?Be Just and Fear not?Let all the ob da Tbon Alms't af bo tbjr Country's, Tby God's and Truth's." TBE TRUE SOUTJLRON, Established Jus*, IMt Consolidated Ahr. 3, 1881. SlUtT^ER, 8. C, WEDNESDAY, SEPTEMBER 25, 1912. Vol. XXXV. No. 9 ?AR IN NICARAGUA \m>1rjc'\n marin ks batti.k Wim revolutionists. I^iaJU Art* \ol Known, s? N'cw> Kn.m MmraKUM Hum Boen of Rather lYagmcntAr) Character. Washington. Sept. 20.?A delayed cablegram frooi Hear Admiral South er Und. dated Managua. 1) o'clock p. m.. September 17. Indicates that a battle haa been fought between tho American naval forces and the reo els at Barrancas. 14 miles south of Managua. a_id an ?m|S*1 distance from Qranada. which the naval expedition waa seeking to relieve. The blue? jackets and marines were fired upon br the rebel*. Their leaders refused Admiral Southerland's demand to open the way southward and he s?.nt for rein force na en ta from Managus. Severe fighting between American naval forces and Nlcaraguan revolu? tionists Is believed to have occurred In the past few days near Barranca, al? though reports from the scene are so meagre that officials here have no definite idea of what has happened. Rear Admiral Southcrlaud is In the field, probably with upwards of 2.000 men. snd If plans have not miscar? ried, by this time he has cleared the route of the national railway of op? posing rebels and relieved the / mine threatened city of Qranada. European attention to affairs Im Nicaragua at this time U believed to be one of the possibilities of the sit? uation. The Washington government In sending relief to the beleaguered city. Qranada. populated by m i-,., foreigners, had hopes to avert ggty pretext for landing European mili? tary or naval forces on Central Amer* can soil. The British consul general . ' Mana? gua and the Brtlsh consul at Mata galpa have reported two British sub? jects murdered by the rebe!? at Aobuapa. It Is expected, however, that the British government, before taking action upon its own account, will await the results of the Ameri? can taxnpaign. A delayed cablegram fresjs ^Sjggslial. goutherland. dated Managua, 11 o'clock. September 18. and reporting that American blue Jackets and marines were fired upon mm they attempted to open the rail? way, reached the navy department to? day. Delayed reports yesterday said the i Qranada relief party had been fired 1 upon hgg Sunday; that the officer In , command had halted and sent to Managua for reinforcements, end that Admiral Southerland had gone to the rescue with two companies of ma? rines and a detachment of sailors. Whether or not thee was more Hr lag from the rebels before the addi? tional force arrived is not known, but it is possible th if the br ush referred to In the dispatches received today waa the one that took p lac o Sunday. I'pon hi* arrival at llarraneas Ad? miral >i>utherlan? sent word to Qen. Zeladon. one ol the rebel leaders that he proposed to open the railroad to Qrsaada snd keep it open, and that he would gg | the rebels Just 24 hour* to c |e,?r th? front. While Z. .ohm gggHat. d (o n Menu, tho prlr.'lp.il leader In the revolu? tion, csme northward froo, Oranadi with aSMthsS lafSJO force of rebels and Joined him Aft. r < <? nsultatlon the\ sent a formal asjgeejs* emerit to Ad? miral Southerland, announcing their purpose to oppose his advance. It is not known ex o tly how pa my ggsjati or saagtaes eeaapoaed the ad mtral's force at that time, but it H believed that it did not ,x< eo.l ;;ou (,r 400 men. At any rate. |g view of the large number <.f rebels in hi* fr.>nt. and unwilling to run the risk of eres toaipuean gsfsat, the admiral called for reinforcements from Mann? gua. where it is believed there were ?im about 1.600 sailors and marines available, so it t<> mike sure of o\< powering any OpposlttoS thai the rebels might offer. official reports to the St ito depart? ment rarely Include muh severe lan gauage ss those wbh b are now lagged, deullna with the condition* tn Qrana? da. which it I* said ' ire worse than those which Sjgtated In the Congo, and the I'lltlllllllUi '' The rebeln with unpirailehul ferocity bi\e turned up'?n women and children, and their warfare Is char icterls? d b\ I tgtttfg to atmoluto barbarism. American Minister Waltasl hi. i letter from PAsgfu Rafael Ouaggyg, pr??ent minister of hi.,true of Prssl dent Mas. and from Cgfksj CuledfS the Nlcaraguan member of the claims commission, in whhh in the gggga of humanlt\ ami Clvlllgatlon, they beg Minister Weltsel to do all that he ran to protect their families Wh.? \r" ?" Ins; fSrO< logoff persecuted at lir.ini'h Th# \ base primed that ELEVENTH HOUR CONVERT TBDDY BNTUUBI) nwmBMWYl Y INKY ARB AT QlAHTKR TO TWXLVK, Bryan Point* Out That Third Party Is OuUitmc of Taft-RooHcvelt Squab b|r. l*ralso for Wilson. Hozemun, Mont., Sept. 20.?Declar? ing that "when presidents and ex presidt nts fall out honest people come Into their own," William J. Bryan here today denounced Col. Roosevelt, saying that the former president had come into the vineyard of progres slveness at "a quarter to 12." He de? nounced the proposed trust control by a bureau as a method advised by George W. Perkins. Mr. Bryan took issue with Col. Roosevelt's reply at Denver to his statements regarding a third term by saying that it no limit were placed upon the holding of nonconsecutive terms a president easily could elect his successor. He declared that the "steam roller" that had run over Col. Roosevelt at Chicago had been con? structed in 1908 and stated that Wall street had failed to carry out the programme at Baltimore that it had put through at Chicago. Mr. Bryan attacked President Taft's tariff board policy and said the United States has a president who did not trust the people who had elected him. Mr. Bryan praised Qov. Wilson as the people s candidate, who "has In? telligence, moral courage and sym? pathy with the people." TO BAR AEROPLANES. InterfMirllNnieiiUiry t'nlon Declare* for Interdiction of t'*c of Plying Machines In Battle. , ? i Geneva. Switzerland, Sept. 20.? - The question of the use of aeroplanes i in time of war was recommended at ' today'j session of the J nter-parlla inentary union is its approval by the conference. a* announced last night, apparently was voted under a misap- . prehension. _ ^ , After a long discussion today the resolution Introduced by the Belgian minister of State, Auguste Beernatre. interdicting the use of aeroplanes in g ar, V as mli >oted \ G ust a v Ador. president of the inter na t uuia 1 committee of the Bed Cross, said that numerous protests had been reeelved from Bod Cross workers in the Held against the Italians throw? ing SSplOSlvs from aeroplanes. He added that the Italians had denied the allegations. Tho Italh.n delegates at the con i foraneo supported the proposal In? troduced by Mr. BoornatrOi which also was approved by some of the British and German rsPT?SntatlVPS, GUILTY OF MANSLAUGHTER. Two OossvtcSed in Lestugtoxi for Killing of Adam Watts. Lexington, Sept. 21.?"Gufllty of manslaughter as to Jacob and (J >van Watts; not trinity as to James HoWOll." This was the verdict of the jury who hoard the ease of the three men chanced with the murder of Adam Watts, the T 1-year-old brother of J I Cob Watts on the 7th of August last. Judge Bhlpp deferred passing son t? ce until next we. k. - Gen. Men.i and hi> agents are perwe ? ..ting their relatives because they themselves are members of the Dtai government. Their brothers, private SlttgOnS, they dec tie. have been in? humanely tortured, deprived of food and obliged to pay large .sums of money for I few crumbs when weak? ened from ia< k of nourishment, For an uninterrupted period of Ave days they wer.- confined in a tinv. filthy Closet, thr.e days Of which time they were allowed no food and water, so thai wloi, let out they were near death, Iforeovei Col. Daniel Mona. hi commend of Port Ban Francisco, overlooking the town, has threatened to shoot the Cuadrs brothers, if the government troops attack Granada. it said that Mrs. Guadru. wife of tho minister ol h w< s, is being hunted In Ornnads In order I hat the may be tortured. / Release Many Prisoner*, New Orleans, Sept. 10, Nlcaraguan government troops yesterdsy oaptui ed the c Hirtel .it Musaj ? and liberal? . d |#| prisoner s. ac< ordlng to private < iblegramS received here today. It i bed lev ed here that Hen. Zeladon and Ihe revolutionary forces have retired to Grenada, ihe revolutionists' strong hold on Lake Nicaragua, where ? severe battle will be f.night within Ith next few lavs. ?HUNG UPON HOUSE CONTINUES Most OF NIGHT. Dorse LnglMi Gets P.ullet in Log, Mrs. \V. It. Od um Struck in Arm a ml House Literally Peppered with Shot ? Quarrel 1 let ween Norman Odom and Dorse Lngllsh. BennettSVllle, Sept. 19.?There was a wuf near Antioch Church in Brights vll e, Monday night, in which Dorse English received a pistol ball in his leg. the front of Win. B. Odom's resi? dence was literally filled with shot, Mrs. (?dem was struck In the arm, Norman Odom was struck by small sh Jt and one or more negroes were wounded. Reports which come from that sec? tion of the county, which is ten miles north of Bennettsville, say that on Monday afternoon Dorse English, Brooks English and Tilden Quick went to a saw mill which is operated at Harris Peele's gin by Zack Jus? tice. They got Into a difficulty with Justice, and some rough language was used. Monday night Norman Od?m vent to the home of Dorse JSngllSh, called English out and asked him about a jdebt which odom clamed English owed him. There was a dispute about , it, some hot words and then an ex? change of pistol shots. A ball from Odom's pistol struck English in the I left leg, inflicting a painful wound. I Odm then went home to his father's, 1 Wm. B. Odom. A little tater several unknown per? sons started out on the war path with ' shotguns. They passed Justice's saw mill and fired into the seed room, where he and his hands slept. The shot struck one or two of the negroes, but did not seriously wound them. They tired at Oscar Odom, who happened to be passing along the road, and was probably mistaken for Norman Odom. Oscar took to his hee,.. and escaped without injury. The party next went to the homo of W. B. Odom and commenced bom? barding his house. Norman went out into the yard and, from behind a tree, commenced firing in the dlrec ton of the flashes of tho gun. His mother, fearing for Norman's safety, Cracked open the door and called to him to come in. As she did so a gun fired and she was struck in the arm by some Of the shot. Some of the shot from the bombarding guns struck Norman's clothes. hut did him no harm. After Norman went back Into the house the tiring continued most of the night. The residence Of Mr. Odom Shows the extent of the bombarding. '.<r ths whole front of the house is literally filled with shot, which seems to be about No. f>. No positive evidence has been brought out BS to who did the shoot? ing. Rural Policemen Chavls and Peavy and Deputy Sheriff Huhbard went up Tuesday to investigate the matter. Tiltlen Quick, David Huh? bard, Brooks English and Oscar Odom were arrested and carried be? fore Magistrate J, McB Harley, who released them on bond. Norman Odom came down and gave bond to Magistrats J. P. Gibson. The whole matter will be Investigated and a hearing had as soon as Dorse English |8 able to appear in ODUrl as a witness. DETOCTIVE HEAPS REWARDS. Governor of VUginia Pays Baldwin |g?10Q for ( apture or Allen ami Ed ward*. Richmond, Va., Sept. 20.?Gov. Mann today gave Detective W. Q, Baldwin U warrant on the State audi? tor for $2*300, the amount of the re? wards offered for the capture of Bldna Alien and Weslej Edwards, wanted In connection with the Carrol] county court murders at Hillsvllle, Va, The State now has paid a tot;il of $1-. 300 In rewards for the capture oi various members of the Allen dan. Detective Baldwin announced thn! no part of the $_'.:;ih> would be given b. Miss Maude Iroler, the sweetheart ? t Edwards who unwittingly led th ? leteetlve lo the hilling place of the ast two members of the clan In Dn Molnea, la, He asserted that she had ma betrayed the men, but said that ier father, Krank Iroler, would be offered Ifti.t the reward for Infor? matlon which he gave the detectives. The Board (,f Regl iratlon Commis? sioners mot in Mayes> lie Friday t>> certificates to any persons ??f that St 1 tion who applied for them. Th> Board Will have only one mote meeting before the general election and all who wish t>> vote in the n^n oral election must have their reglstra thm certificates at that time. BLEASE WIT8HOUT AUTHORITY TO REMOVE B. J. RHAME. State Bank Examiner B. J, Rliame Wins in (intest to Retain Office. His Removal Having Been Orderet! by 'Governor BIcaso Immediately Following Big Bank Failure in Lexington ? Opinion by Justice Woods?Points of Decision Noted, Columbia, Sept. 21.?The Supreme J Court, in a decision rendered today, declared that B. J. Rhame is the le? gal State bank examiner and that the Governor s attempt to remove him wan without authority of law and of no effect. "The Governor as Chief Executive has no prerogative control over offices, such as is held by the King of Great Britain. The power of removal from office, therefore, is not an incident of the Executive office and it exists only where it is confer ed hy the Constitution or by the stat? ute law, or is implied from conferring the power of appointment," declares the opinion <>f the Court, which was written by Associate Justice C. A. Woods and filed this morning. It was following the publication of the report of the condition of tho Lex? ington Savings Bank that Governor Blease issued a proclamation remov? ing B. J. Rhame from the office of State hank examiner and appointing H. W. Eraser in his stead. Mr. Rhame refused to recognize the right of the Governor to remove him and declined to surrender the office, whereupon ouster proceedings were brought against him by the Attorney General. Mr. W. F. Stevenson appeared for Rhame, while B. L. Abney and G. R. Rcmbert represented Fr?ser and pre? sented the Governor's position. The case was first heard by the Supreme Court and then the Circuit Judges were called in and the case argued before an en banc session of the Court. This was in June, and the de? cision of the Court sustaining the right of Mr. Rhame to the office set- | ties a long vexed and perplexing question:- ? The opinion delivered by Associate Justice Woods is concurred in by Chief Justice Eugene B. Gary. As? sociate Justice D. E. HydrlCk and Circuit Judges T. S. Sease, George E. Prince, John S. Wilson, H. F. Bice, Frank B. Gary, T. 1I. Spain. Chief Justice Gary. concurring in the opinion of Mr. Justice Woods for the reason that the law does not provide for the removal of the State bank ex? aminer by the Governor as it does In the case of magistrates." Dissenting opinions were filed by Associate Justice R, C. Watts and Circuit .indue George w. (Jage, both of whom held that the Governor had the authority to remove the Slate bank examiner. The opinion of Jutlce Wood sets forth that not only has the Governor no authority to remove the bank ex? aminer under the Constitution and statute laws of the State, but under the common law he Is without such authority. An Interesting excerpt of the opin? ion |s as follows: 'The question then co *s to this: When a statute creates an office to be tilled by appointment of the Governor and fixes the term for which the ap? pointee shall hold, but confers on the Governor no power of removal, do s the Governor, nevertheless, have the power of removal under the Constitu? tion or the statute law of the State or under the common law? "Laying aside for the moment the Constitution and the stutute law >f the state, we consider the common law rule as established by judicial expression. Surely, men oi common sense, learned and unlearned, would be surprised to find the law to be that when the legislative department has created an office to be filled by appointment of the Governor and ex? tended and limited its ;?>rm to fo ir years, yet the Governoi c nild at will shorten the term * ? removal, al? though no power oi removal has been conferred. Stab Executive power is denied by both reason and authority. "The Governor as chief Executive has no prerogative control over offices such as is hold by the King of Great Itrltnln. The power of removal from office, therefore, is not an incident of the Executive office, and it exists only where it is conferred by the Constitu? tion or by the statute law or i-* im? plied from the conferring of the pow ? i of appointment. "The statute law nf Ihe state by tin strongest Implication denies the au thorlty to remove here nsserted. Pub? lic officers are created for the beneftl of the Commonwealth, incumbent have no contracts or property right; in them, snd, unless otherwise it b< STAND,100 S-.'-^rS DECREE OP DISSOLUTION MUST BE FC LULLED. Department of Justice Studying Methods of Disintegrated Parts, and Investigating all Charges ? Taft und Wickcrsluuii Believe De? cree Im Working. but will Take Several Years to Show Real Bene? fits of Dissolution. Washington, Sept. 22.?The depart? ment of justice is closely watching the workings and methods of the disintegrated parts of the Standard Oil Company, and rigidly investigat? ing all charges that the decree of dls solution entered under the mandate of the Supremo Court of the United States is being violated. While no general attack on the Standard Oil and its former subsid? iaries is contemplated at the present time, the Government has received specilic complaints relating to con? ditions In certain communities. The investigation of these allegations is necessarily localized, confined to the situation in the specific districts. The result of one of these inquiries for in? stance, was the indictment of John D. Archbold and other Standard Oil magnates at Dallas, Texas, on Aug? ust 29. In that case the charge was that the Standard was endeavoring to control the oil business in Texas. Since then another inquiry has been started in a different part of the country, but still of a similar local character. In addition to these Investigations, the Government is keeping in close touch with all developments in the pending Standard Oil, Waters-Pierce litigation. While the Federal Govern? ment is not a party to the suit, a copy of all the testimony is received by the department of justice for a care? ful study to determine whether there Is any indication that the decree of dissolution is nut being faithfully ft?l lilled. Attorney General Wickersham it giving these important questions his personal consideration. He is direct? ing the investigations and reviewing the testimony in the Waters-Pierce suit. EVANS CHARGED W ITH FRAUD. Member of Bar and Former Candi? date for Attorney General ordere?! to Show Cause. Columbia, Sept. 21.?An order, signed by .Judge Gage, has been filed with Sheriff Coleman and served by him directing Barnard B. Evans, a candidate for attorney general in the recent st.it?> primary, to show cause before the court to be held in Uieh land county, October or as soon af? ter as counsel can be heard, why he should not be directed to pay to the .Murray Drug company of this city $1"3 Which he IS alleged to have col? lected for this concern. It is alleged that '"vans collected the bill from T. E. Dowling of Ba? llt da, failed to pay the sum or am part of it to the Murray Drug com? pany. provided by the Constitution, they are subject entirely t,? legislative contro*. Hence, subject to the Constitution, th .? General Assembly may fix the term, provide for removal, abolish the of? fice, reduce the term, and in every respect control the existence, powers, emoluments, and tenure of public of tic? rs. In the exercise of this pow r j the General Assembly has with assid? uous care, provided that the remov 1 al of every minor and local officers should take place only after indict? ment ami conviction of misconduct, ^s instance the provisions for the remov? al of all local officers by Paragraph 388 and Paragraph 889 of the Crimin? al Code only on trial and conviction; or has provided that they should be merely suspended by the Governor, and be removed only on consent of the Senate, as instance the provision made 1 , il: suspension and remov? al of county auditors and treasurers. ?'i\ii Code, 1902, Paragraph 240 and Paragraph or has enacted that they should be removed by Judicial tlecrei in 8 <i\ii action :'s provided In the artcle of the < ode of proce? dure umbr \shi<h this action U'US brought, "When n different policy was in? tended the tenure has been - Vplevsly -t.lt. d to the subject to femo\al; ;is In the case of the dispensary dire, tors and the election commissioners, whose tenure was made subject lo removal by the Governor, Criminal Code, 1902 Paragraph 5B6; ?'h? Code, Para? graph 206. There Is no escape from the conclusion thai the Governoi h.is no power to remove the state bank eka miner, UL.LII IS LAWFUL MAGISTRATE SUPREME COURT RUUSS GOV.*8 ACTION CONTRARY TO LAW. Greenwood Magistrate, Itomoxcd by Governor Blceme, Wins Before Su? preme Court. Being Declared the liawful Magistrate ? How the Judges Voted in Matter?J. X. Can Held was Bleaso's Appointee. Columbia, Sept. 21.?"Our conclu? sion is that tiie attempted removal of Kerr from the office of magistrate was without effect and that he is now, and has been since his confirma? tion by the State, a lawful magistrate of Greenwood County, and that he, and not McDowell, is entitled to the salai y." This decision has been given by the Supreme Court in the case of B. L. McDowell, against T. C. Burnett, county supervisor, and F. Gnham Payne, county treasurer of Greenwood County, and W. H. Kerr, who was confirmed as magistrate by the Sen? ate. The important question present? ed in this case was whether the Gov I ernor of the State has ihe power, at J his discretion, to remove from office a j magistrate whose appointment has bten confirmed by the Senate. In de I ciding in the negative the Court says J that the duty of the Court to pa^s on I the limitations of the power of the I General Assembly or the chief ercecu I ttve of the State is one of great deli 1 cacy, to be entered upon with the greatest deliberation and with care I to find in the law support for the J legislative action or tho action of the I Chief Executive, if it be possible. Tin' case arises under a petition tiled by B. D. McDowell asking the I Court to issue a writ of mandamus, j requiring the supervisor of Green? wood County to issue and the coun I ty treasurer to pay, a check for his I salary as magistrate. An order wa3 J made requiring the defendant to j ohow why the writ should not be is J sued. Afterwards W. H. Kerr was j made a party to the action. The case I was heard before an en banc session I of the .Jupremc Court. ] The opinion in the case was wrlt 1 ten l?> Associate Justice Woods. The majority opinion was concurred in by Associate Justice Hydrick, Associate Justice Praser, and Circuit Judges Prince, Gage, Wilson. DeVore, and Bice. A dissenting opinion was filed by Associate Justice Watts and concurr? ed in by Chief Justice Gary. There was also a separate dissenting opin? lion by Chief Justice Gary. Krank B, I Gary, Circuit Judge, also wrote a dis? senting opinion. W. G. Austin, whose term of office las magistrate began in 1909, in Green I wood county died during the session I of the General Assembly of 1910. W. I II. Kerr was appointed and his ap I polntment was confirmed by the. Sen I ate at the sati.e session. 'Hi March 21, I 1911 the Governor wrote Kerr a no I tico of removal. J. W. Canfleld had j previously been appointed to Kerr's j place by the Governor, in May of j 1911 ?Canfleld sent his letter of resig I nation and I'- L. McDowell was ap 1 pointed. The county officers r fused j to pay McDowell's salary and ; n :ip I peal was taken to the Supreme Court I with the result that w. 11. Kerr was I declared to be the legal official. ROBBER VISITED Y. M. C. A. Pages of Magazine Substituted for sr.?.ooo Stamped "Y. M. c. V Penaacola, PI .. Bent. 11.?The fact that some of the ntagastne pages sub? stituted for the $56,0tf Stolen in tran? sit between this city and v\- ma ton last \\ i dte Bday were stamped Y. M. C. a " was the only additional infor? mation vouchsafed in connection with the rol bery tod ly. Whether the mag? azine ?as taken from the local Y. m. c. a. or in some other city use not ballad. With the arrival of more detectives and special agents today, the investlgath n shifted iron, Pen? aacota to the b'urroudlng com try in the hopt) of obtaining some ?lue to the thief and ti < mlssin*, money, vn official of th< Southern Express Company e\pr? . . ? t] t' ^ belief tonight that an nrr< . w . h< i tade within the next twelve hours. The County Auditor has almost c mpleted making out tax list for the year and is now putting on Ute finish? ing touches. Everything will be in readiness bj October 15th when the l ooks are turned over to the Vunty Treasurer and he ?m>? as his office for the receipt of taxes. The cottoi rompress has been put in repair and Is non about read) to open for business