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wrnitxsr-s ?.im fi;w \i:w FACTS VIUHT DISTHIIUTI? >\ ov Moranr? J. f. Swwu Ingen ami August Kuhn <.l*o Testimony?Statement by Dr. l>. ii. JoluiMin. Columbia. Feb. 12.?A ?h?rt sua? sion of the legislative committee in? vestigating the charges made concern? ing the president of the Unlverslty of South Carolina, was held yes? terday afternoon. The witnesses examined brought out few new facts, although the testimony was Interest? ing and gave some additional evi? dence as to the distribution of the Peabody fund. J. E. 8wearingen, State superintenden of education, told of the visit of the committee from the board of trustees of the. University of South Carolina to New York as did August Kohn. also a member of the board. Their testimony was to the effect that the representatives of the university did not desire to take away from Winthrop anything to which that Institution \\ m entitled. A letter was read from Dr. Mitchell president of the university, stating that It would be Impossible for him to attend on account of Illness. This letter was accompanied by a physi? cian's certificate. Dr. Mitchell wrote In part: "I deeply regret that owing to sick? ness I shall be unable to be present at the hearing of the Investigating com mltee this afternoon. It Is perhaps unnecessary for me to add a word to what has already been said. I am perfectly willing to rest the case upon the statements of Qov. Ansel. South Carolina's representative on the Pea body board, and of Dr. Wlckllffe Hose, the general agent of the Peabody board?both of them Impartial and fully Informed as to the facts "The decision In this matter I gladly leave to the Judgment of your com? mittee and to the love of fair play which la an Instinct with the people of South Carolina." Dr. Johnson then read a statement signed by the governor. Attorney Qea> era! Peoples and E. H. Aull, relating to the conversation In the office of the executive. I?r. Johnson submitted the follow? ing to the committee: "sir. Chairman. 1 feel that in Jus? tice to this committee and myself I should say that I spoke under strain the other day when I said two mem? bers of this committee were hoet?e to me. "I wish It Bnf now that I feel that I waj? mistaken and I wish to make ti'fes public correction as due all con? cerned. "L think I should repeat here that I thought the university was fighting Winthrop when the university signed the petition for Peabody mom v. which If granted would have left Winthrop without a dollar, knowing Wlnthrop's expectations and good prospects. Also that It was acting in an unfriendly way In sending a com? mittee to New York to appear before the Peabody board In opposition to the resolution on the minutes of that hoard In favor of Winthrop. "However, that matter has been amicably adjusted, although I feel that the divided rank? in our educa? tional froees ahown before the Pea? body board Jeopardised the chances of both institutions. "But I have no wish, and have had no wish, to harm the university or any one connected with it. We have had some differences, and may have others, but that should noi cause a fight on tho part of either to injure the other. "sir. Chairman, let me explain that when I said I confirmed the letter of 1*11 I did net mean to say that I repeated all of the items of that letter, or that X made uso of the lan? guage of that leter. "Now. Mr Chairman. I wish |q gtfu my reason4 for believing that Win? throp loat heavily by reason of the ac? tivities of the friends and representa? tives of the Statt? universales in the matter of the distribution of he Pea* body fund tn view of l?r. Pose's testi? mony at the last meeting fli ?hl* i OHI mitt'*. We will all ssPree from the testimny given h?r and papers sub mitt. I I am eur': that Winthrop stood high In trie estimation of the FstV body board, ami that I had reason |fl hope that tt would ?>?? harulsomeU re? membered a hen the finul dUatftbttUoS of tin* fund was made "I did not know of the rep..it of ltot signed by two in. meets af tie board unth 1911. 1 b |Vg a tel. i Ujfl from ib?v. Ansel, in which he says; ?Your wli i ? I The (Iret I km w of second I art of rep .r i .f npeclal committee of I90| a is in May, lilt.' And he aas a m< ml..?r of the board, and he an i I land asmstautly talked about it I J.:st Iras* le !??!? that In to ?how iahst I dd not snow, iurml ? sml Insinuation to th.ntmy not? withstanding, nut eves if i in i known of It f wo dd not AS I ? ?!?? sd it as th" sattes of the board ?-?? cause no committee report or g< m i agent's ref.ort I hfl fix thfl policy Of board. That policy must be fixed by vote of the board itself. "In lsll Dr. Curry, in a letter to the Peabody trustees, urged that after endowing the Peabody college the remainder of the fund be de? voted to teacher's institutes and to State Normal Colleges.' That position **t the veteran general agent did not fix the policy of the Peabody board as subsequent events have shown. l>r. ROM has been general agent of the I'. abody board only since about 1907, a short time. "The board did not adopt the report of 1906, and my opinion has been, since learning of it, that it might have, died but for the petition of the pres? idents of the State universltes and the action of the general agent, in? fluenced, as I thought, by the State universities. 1 did not know the gen? eral agent's Interest in the report of 190H until his testimony here the other day. (I will say here paren? thetically tha?. I have not discussed the distribution of the Peabody fund with the general agent since 1909); and, Mr. Chairman, I have Dr. Rose's telegram here, dated February 11, 1913, in which he says. 'I have no recollection of discussing distribution of Peabody fund with you since 1909.' And I wish that to be filed, Mr. Chairman. And 1 did not know of the influences which governed him in making his report in 1911 until he told about them here the other i ly. "A letter herewith submitted from Dr. Rose, written in 1909, v ill show that the whole Question seemed to be open at that time. 1 have here Dr. Rose's autograph letter, dated March 27. 1909. He says: " 'President D. B. Johnson, Winthrop Normal and Industrial College, Rock Hill, S. C. " 'Dear President Johnson: T> g an? nouncement that th* Pebaody board will probably distribute the remainder of the Peabody fund on May 14 is not correct. This question will not be considered at that time. The board will probably appoint at that time or at some later day during the summer a committee to take up the consid? eration of this question. I take it that this committee will then bo glad to receive all suggestions and propo? sitions that the people interested may desire to make. You Wl] be advised when his committee is appointed. " 'Very truly yours, i signed) " 'Wickliffe Rose.' "The point is, Mr. Chairman, this report has been spoken of as of 1906. Here is the letter of 1909 which opens up the whole proposition. That is the question. "I believed the final policy of the Peabody board, as shown by the re? port of the special committee of 1911 and the action of the board In 1911, was determined In great measure by the friends and representatives of the State universities and by the petition signed by them. I believe the peti? tion of university presidents revived that report gave it new life and as a reeult the Peabody money was di ? \ verted from Winthrop and the State normal schools to the universities and Winthrop lost heavily. "Oov. Ansel said that he could not tell what influence the action of the i university presidents had upon the votes of the members of the Peabody board. Dr. Rose said the ?ame thing, as I remember his testimony, al? though insisting that he thought It did not havo much. "Now, if the fund had not been dWerted from the State normal boois, mainly by the action by the State universities as I thought until I heard Dr. Rose here the other day, is it reasonable to suppose that Win? throp college might have received a large approbation, between $290.000 and $490,000, as I have said. There is no quegtlOM about the reasonable? ness of such a supposition with Win? throp prestige and close relation to the Peabody board, notwithstanding its additional appropriation of $600, 000 to the Peabody college. I "As It Is, under the present ar rangsmsnt, Winthrop eolege got ! $101,000, Ninety thousand dollars has already been appropriated, ami there is a resolution on the minutes of tho Peabody board providing for Winthrop te get the n malnder it the fund, amounting le about 176,000, As Illustration of the effect of the pol'cy adepts I i?y the board at its last meet? ing* Upon Winthrop, it is proposed to CUf down the amount of balance that WOttld thereupon go to Winthrop by giving tie- South Carolina university $40,000 of It. and 1 am Willing for this la be dons so far as l am conoerneo, "in the first place the Peabody board did not have to give Ihe same amot$n( of mono) lo each state, -is shown m the distribution already made, and for a long time i have been urging upon tie peabody board a concentration of the Peabody fund upon ihe Peabody college and Wi i throp college; and i |K ve if the old pel Icy had obtained and the money had been gft?? n to norm 11 ' oil- i ? oncentratlon would have been made upon Winthrop college to make ul U J '.?n inspiration and model' for other I m .i normal schools. "Now, Mr. Chairman, Just ? word ind i am through with m> sxplana-I Hon of my position In oonnectlon with j this publicity that haa been given. "If the final policy adopted by the Peabody board was not influenced by tho friends and representatives of the State universities .including the peti? tion of which I have spoken, then I am wrong in my surmise that Win? throp lost out because of the'activi? ties of the State universities, includ? ing our own; but 1 firmly believed that it was so Influenced until hearing Dr. Rose'a testimony us to the inner facts and Influences. "Dr, Rossi testimony teems to in? dicate, athough he does not say posi? tively, that the universities did not exercise Influeftce in determining the final policy. If he should say posi? tively that the universities and. the petition referred to did not have any Influence with the Peabody board, I would accept his statement as final. I have not talked with Dr. Rose about the distribution of the Peabody fund since 1909, as I have already said, and did not know all of the inside facts about the attitude of the board and the Influences moving him, which he gave at this hearing the other day. "And as you know I have not talked with Dr. Rose since 1909 about the distribution and here is his telegram testifying to that. I have not t iked with Dr. Rose about the distribution since 1909." Se nator P. H. Weston, tho chair? man, said: "I want to say this in reply to Dr. Johnson, th\t I appreciate very much his manliness in coming forward and making this statement; that my only interest was to bring out the facts and I trust that any one can see that was my only motive." W. H. Nicholson said: "I want to say in that connection that I am glad that Dr. Johnson made the statement for the reason that the questions that 1 asked were only asked to elicit the truth and 1 think Aere entirely per? tinent to the record; and I must tay that I was very much surprised at Dr. Johnson's taking the position that he did, and I am glad that he has seen fit to make the statement that he has." J. B, Swearingen, State superintend? ent of education, was the next wit? ness. Mr. Swearingen reviewed the work of the Peabody board and the corespondence he had with Dr. Rose along with the work connected with improving rural schools. Much of this work is now carried on by Prof. W. K. T?te. "1 am a member of the board of trustees of the University of South Carolina and of the board of trustees of Winthrop and when the appropria? tions came up at the meeting I was in favor of giving the university as mucn as any other Southern univer? sity." This was the statement made by Mr. Swearingen. The State super? intendent called attention to the need for an educational building at the uni? versity and stressed the fact that Oov. Ansel, a member of the Peabody board, said that he fought for the ed? ucation of women and that he was re? sponsible for the introduction of the resolution providing for $40,000 for Winthrop college. "On the board of trustees of the university we were almost a unit but on the board of Winthrop I was in the minority," said Mr. Swearingen. "I wanted the additional $34,000 for the university. The university was given $6.000. By this I do not mean that there was any fight on WinthroD. The Peabody fund has been a bless? ing on tho Southern States as pointed out by Dr. Rose. In May the uni? versities of North Carolina and Geor? gia dedicated their buildings as a re? sult of this fund. There is no dedi? cation in South Carolina, There is no memorial to Peabody at Winthrop un? less the gymnasium is named after the benefaetor. There should be no conflict of interests but I believe that the board should have recognized the need for an educational building." Mr. BWCI ringen referred to the tes? timony of Mr. Rose and the letter in which it was stated that on March 10, 1911. it had been suggested that $ioo, 000 be provided from the fund for each Southern university. it was finally Suggested that $50,000 go to Wirithtop and that $50,000 go to the university as an endowment for a school for teachers. Both of the above failed. Mr. Swearingen expressed a willingness to go to New York, ac? companied by President Mitchell and August Kohn, when the meeting of the board of trustees of the Peabody fund was caled. The winde dlscus n emphasised the definite sphere of colU ge work nd he did not consider the unlversltj was trenching on the rights of any one and that any Insti? tution had the right to ask for a part of the fund. Questioned by Mr. Nicholson, Mr. Swearingen said thai there was no secrecy at to the petitions for portions of the funds Aug'tsl i ohn, member of the board of trustee*, of the university, after be? ing worn ii l that the hoard of trua lo .! of the institution took no action until after II was announced that iho fand would be distributed. After the fund hod been apportioned he had written Dr. Wlckllffe Ro ?, agent for tho Peabody fund, that he would be glad in have the final dlstrlbutton kepi open and the university C ?n ?Idered. "We did nothing until we j talked with Guv. Ansel, member of the Peabody board," said Mr. Kohn. ! Mr. Kohn referred to the vist to New York and said that he spoke 11 minutes and told of the work for schools and stressed the friendship for Winthrop. Mr. Kohn had the minutes of the meeting of the university which he submitted. I >r. Johnson, as a final statement, said the hardest light he had to bear was that it was said that he was lighting Dr. Mitchell. The commit? tee then adjourned until today. ADOPTS COMMISSION PLAN, Spartanburg Will Have Government Framed on Business Lines in the Future. Spartanburg, eb. 11.?Spartanburg adopted the commission form of gov? ernment in a special election held here today, by a vote -of 496 for the change, and 290 votes against it. The commission form of govern? ment will become effective next Octo? ber upon the expiration of the pres? ent administration's term of office. Under the present act, the city will elect a mayor and four commission? ers but an amendment to the r.ct in? troduced by Senator Carlisle, during the present session of the legislatuer if adopted, will reduce the number ; of commissioners to two. BILL TO LKAI IZi: LYNCHING. Measure of J. W. Ashley Unfavorably Reported by Committee on Judic? iary. Columbia, Feb. 12.?A bill, the ef? fect of which would be to legalize lynching for criminal assault, has been introduced in the house by J. W. Ash? ley. The measure was unfavorably reported by the commtitee on judic? iary, but has been placed on the cal? endar. The full text of the bill follows: "Section 1. That it shall be a full and complete defense to the charge of murder or to the charge of assault or assault and battery %vith intent to kill, or assault and battery of a high and aggravated nature, for the defendant to prove by a preponderance of the testimony that the person killed or assaulted had been guilty of an as? sault on a reputable woman with the intent to commit the crime of rape or ravishing a reputable woman. "Sec. 2. That this act shall take ef? fect immediately upon its approval by the governor." TRIBUTE TO CORN BOY. Business Suspended in House for Esdogy to Youth. Washington, Feo. 11]?Business was suspended for 15 minutes in the house today while Representative Hef lin of Alabama, paid a tribute to Les? ter Bryan, a Kentucky boy, acciden? tally asphyxiated here several weeks ago when he came to Washington a,-? one of the 50 winners of the Ameri? can Boys' Corn Growers' Club. NEGRO STILL AT LARGL* Same Duke. Slayer of Policeman Bar wick. Has Not Been Captured. Sam Duke, the slayer of Policeman Barwick at Pinewood Monday even? ing, is at last accounts still at large, all efforts of officers and posses in search of him having proved fruitless. Much excitement was at first felt when the news of the cold-blooded killing spread, but this excitement is gradually dying out. Officers here, both municipal and county, are keeping a sharp lok-out for the man and it is probable that he will be arrested if he dares to come to Sumter. Reports state that l posses are still in search for Duke in Clarendon county around Pinewood and toward Summerton and even across the Santee river in Orange burg county, aiding the county officers in their search for the fugitive. It was reported here at one time Tin sday that Duke had been captur? ed and lynched, but there is no con? firmation of this rumor, in fact word has since been received here from Pinewood that Duke has not bet n captured. Children to Study Papers. The graded schools in Florence are ; pursuing a course that is pregnant With possibilities for good with the younger children in making them stnde their bone- paper for the doings * I of the people of the World. it is a shame and a disgrace how many of the people who are looked on as up 1 to date in a community have no idea of the trend of public affairs in the world, of the big things tb.it men and women are thinking about and doing. It Is a good thing for the boys and the girls of the community to he t tught t" Toad the home paper and to be Interested in things be? yond the circle of their own acquatn tunces and thus !; y a foundation for a broader patriotism and better citi ' zenship. FIor< nee Tim? s. VOTE 55 TO 53 AGAINST MR, REMBERTS MEASURE Fiiuii Unfavorable Action Comes Af? ter Bitter Fight?Measure Would Have Regulated Publication or Certain Articles in \e\\>?>upel's of Slat*'?Both Sides of Argument Vigorously Presented?Sow the Members Voted. Columbia, Feb. 11.?The House to? night after extended and heated de? bate, killed Mr. Rembert's bill re? stricting newspapers in the publica? tion of certain articles. The fight was to a large extent factional and bitter. Mr. Stevenson led the opposition in a vigorous assault on the bill. The motion to strike out the enacting words prevailed by a vote of 55 to 53. This bill was passed over previous? ly in the evening during Mr. Rem bert's absence, but on his appearance, by unanimous consent, it was taken up. Mr. Rembert, the author of the bill, took the floor in its defence. Mr. Rembert claimed many malicious newspapers attacks, and he said it is impossible to fight the reports which the press circulates. Mr. Rembert's bill does not restrict publication, re? quires that the person offended shall have the right to prepare a reply which the paper must publish. Mr. j Rembert attacked an editorial recent? ly appearing in a daily which criticised his bill. The principal duty of the press to? day is to keep the people informed on their public affairs and officials, said Mr. McMillan, of Marion, who spoke against the bill. He said that the Courts offer recourse to anyone whom the papers have B lied upon. If an editor pubishes a lie upon any person he may be prosecuted both civilly and criminally, said Mr. Mc? Millan. He a-sscrted that he had no interest in any newspaper, and spoke solely in the interest of fair play and justice. Mr. C. C. Wyche, of Spartanburg, spoke in favor of the bill, saying that the present law is inadequate. Mr. Wyche devoted much of his time, as did the other advocates of the bill, to the recent primary of this State. "I have been maligned time and again by newspapers, but that does not affect me here," said Mr. Stev? enson, who spoke against the bil. Mr. Stevenson signed the minority favorable report on the bill, but said that his views had changed on the measure and he now opposed it. Be? cause some irresponsible person sits in a newspaper office and assails me is no reason why I should curtail an agency for civilization," he said. He took some of the provisions of the bill and showed that the article first published may be replied to, wbether the charge is true or false. He read from the Constitution of the United States and of the State, show? ing that freedom of the press is stoutly maintained in both. The sneech by Mr. Stevenson wa^ one of the ablest delivered in the House in a number of years. Mr. Epps, of Sumter, spoke brief? ly in favor of the bill and said that its constitutionality can not be question? ed. He defended its justice. Mr. Brice, of Chester, said that when the feeling of men are arous? ed they are apt to go too far in leg? islation. "Upon the freedom of speech, the liberty of the press, all wise government rests," he said "Why, if a newspaper published Mr. Rembert's speech in full in favor of this bill, it might, under the law, be filled with replies to the article," said Mr. Brice. "You couldn't publish Court proceedings of any investiga? tion if you were an editor without having your columns tilled by per? sons mentioned in the paper." Mr. Snapp spoke in favor of the bill. Mr. Liles said this bill is not only unnecessary, but unw ise. Mr. Iah s was the first speaker to give att< n tlon to the position of the county newspapers under the proposed law: that they would all go into bank? ruptcy, was bis opinion. "The time has not arrived when truth ami honesty need protection from the newspapers of South Carolina,' he said. Mr. O'Quinn, rising to question of personal privilege, resented what he termed an Imputation on Mr. Rembert's part, that Mr. O'Quinn was representing the interests of ? tile State." Mr. Rembert said that he had m< ml no r< flection ?oi any member. Mr, Llles moved the previous ques? tion, which was the motion by Mr. McMillan, t<> strike out the enact? ing words of the bill, wtu- n passed by a vote of 66 to 63. Tin? following members vote "aye Atkinson, Barnwcll, Belser, Bethea Towers, Boyd, Brice, Charles, Court? ney, Dantlzer, Del^aughter, 12van* Friday, Fripp, Qasque, Qreer, llarvej FTaynsworth, [Rott, Holley, \v. \: .lame.-, Johnston, Jones, Klbler, l l< - Lumpkin, McCravey, McDonald, Mc M Ulan, McQui < n. M i s< j Mean Mitchell, Sfixson, Mower, Nicholson, O'Qutnn, Pegucs, Pyatt, .Heady, Riddle, Riley, Robinson, W. M. Scott, Sher? wood, Shirley, Stanley, Stevenson, Sturkie, Thompson, Tindal, Vandeij Horst, Warner, Warren, Whaley and Youmans. Total, 65. The following Voted "nay:' Add/, Ashley, J. W; Ashley, M. J; Blackwell, Browning) Pusbee, Clowny, Creech, Cross, Daniel, Dick, Fpps, Fortner, Hunter, Halle, Hall, Hardin, Hadley, Hunter, Hutchison, Irby, W. A. James, Kelley, Kennedy, King, Kirby, Lee, Maitin, Melfl, Miley, Miller, Mitchum, Moore, Mcseley, Murray, Nelson, ?dom, Rembert, Rittenberg, Robert? en, Rogers, W. S. Jr; Sapp, Schrod? er, fev ott. W. W.; Senseney, Smiley, Strickland, Walker, White, White head, Williams, WTyche, C. C; Wyche, C. T.; Selgler. Total, 53. The clincher was then applied, 57 to 50, which definitely kills the bilL The House adjourned at 10.40 p. m. COMPULSORY EDUCATION DIS? CI ssi:i>. Debate on McCmvey Bill Opened in House Today. Columbia, Feb. 12.?The House opened the debate on the McCravey local option compulsory education bill at noon. ? ONE OPPOSES BILL. Scorns Certain That Compulsory Edu? cation Measure Will Pass House. Columbia, Feb. 12.?From the ten? or of the debate on the compulsory education measure, it seems certain of passage by the House. Out of a half dozen speeches, only one was in opposition. FAVORS COMPULSORY EDUCA? TION. Bill Passed House by Majority of Seventy-two Votes. Columbia. Feb. 12.?Compulsory education bill passed to third reading by vote of 91 to 19. MRS. ( HAS B. SMITH DEAD. Wife of Methodist Minister Dies at Old Home in Orangeburg. orangeburg, Feb. 11.?Mrs. Mary Smith, wife of the Rev. Charles B. Smith. D. D., of the Methodist Epis? copal Church, South, died here last night at the home of her mother, af? ter a few week's illness. Mrs. Smith was formerly Miss Copes, the daughter of the late Rob? ert Copes, of ibis city. She was mar? ried to Di Smith about one year ago. She was a young woman of beau? tiful character and had a host of friends here, where she was reared. Her death was a shock to the com? munity, few being aware that she was seriously ill. The deceased leaves a husband, mother and two sisters and two broth? ers. The funeral and interment will take place here tomorrow afternoon. RUNAWAY" CAUSES EXCITE? MENT. Wagon Crashes Against Automobie, Breaking Wheel of Latter. In a runaway Wednesday morning a wheel of an automobile belonging to Mr. H. W. Harby was crushed when a wagon drawn by a terrified mule crashed into it. The mule continued >n down Liberty street, but was stopped by the driver, Abram Mc Quillcr, before it reached Harvin street. There were three men in the wa? gon when it passed the Washington street school, where, according to the tale of McQuiller, the owner of tho mule, the animal was frightened by the school children. The mule then started on his mad career down Lib? erty street, two of the negroes eith? er jusiped out or were thn>wn out. The wagon then struck the automo? bile, breaking the wheel and barely m'os-ed a team unloading material at. the City National Bank Building. Some of the boards of the wagon were overturned, falling in between the wheels ami acting as a kind of brake, by whieh aid McQuiller was enabled to stop the animal. Y. M. C. A. MEMBERSHIP. Young Men and Boys of City Urged t<? Unite With Association, it is trie that the Young Men's Christian Ass, elation of Sumter has i already a splendid membership?way yonder above the average for this stae city, yat there are ^till a good many boy? ami men in t. wji who should be members The dues are very reason? able, $i0(o? ;, \,.u for men, $r?.0o a \?ar for boys between the sges of li J and lv, and 13.00 a year for boys be , tween the ages of 10 and 11 These dues can be paid annually or semi annually. The Y m. C. A. urges every man and bey to join. Money Invest? ed .n a membership In the v II C a is one i f the best Investments ? fellow can make. There you will Und rest, and recreation, so ial, physical and moral uplift The m? ml ers of i he v. If. C a have been said to be the friendliest sol ?; fellows in town Join and see for yoursif