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GOVERNOR flLERBE REVIEWS STATE MRS. * He Tells the People the Result of the Year's Study. FINANCES UNSATISFACTORY. Ills Circular Letter to Preachers Ucport a Decrease in Drinking and Drunkenness. Hut tlio Legislature I Will Have to Wall for Action at i I Washington llefore Anything Can ^IlcDonc Willi the Grout Whiskey ] Problem. t Below is tlie Governor's message on State utlairs as read heforo both houses of tho General Assembly on tho 11th: 7b the UcntUmcn of th< (r'emrat .-1 n ectnbty: In this first annual messago 1 regret flk that I rannot congratulate you and tho people of tho Statu upon \ the couditiou of utlairs 'tw? j that faces you toduy. ^I^Hr V ''ut while we have uot fk F '1R ^ l're^u'b-d 10Vx Jtf turn of pvos|>erity. wo should recall with ^^thankfulness tho good /^^>?uealth. j eace and linpvvo 'luvo '?oeu ??^M5S*0^g^eeniiitted to enjoy. Without further preliminary I proceed to discharge one of the most important duties imposed upon tho Chief Executive by tho constitution. Tho Huunces of the Stato aro iu a very unsatisfactory couditiou. l>uring tho eessiou of tho General Assembly, for ISJMI, a levy of four uad a half mills was laid to meet the current expenses of tho fiscal year, begiuuingJaiiuury 1st, 1mii7, and ending December hist, 18117. The Mini raised by this levy proved iusuOi* ciont to meet tho expenses, nud wo have, therefore, a deficit of ?slill).000 to l?o provided for. 1'y using every dollar from every available source and by overdrawing in small amounts upon banks in \vbicli larjje situisof the State's funds have been deposited, we have met promptly alt current obligations without borrowing a dollar. The books were opened for the colliction of tuxes, < totober I itii, and since that tune we Lave used money thus collected to pay current expenses. This monqv^uow bey "\\i? * ' uu i I uuv mClutis for 1 Ntis. l>y refusing to borrow 8100, 000, as is often doue, though 1 have not saved the State any great uuiouut in the way of interest chureea. I liave refused to suuetum what appears to me to bo a biul policy thu policy of borrowing money at mterest. The levy for State purposes will be high, but you must remember that we have u deficit of ?10<>tnuo not of your making to bo provided for, and that the State will no louder receive any revenue for current expenses from the dispensary profits, for under the provisions of the constitution all profits from the dispensary must hereafter go to the school fuud. I Miring the past year the general fund 1ms been augmented by 8i'-,,.t!0i) received from the dispensary; the vear previous this augmentation amounted to 8100,000. I have endeavored to secure a state meut of the tiuances of the State from the treasurer. Hut as his books were not balanced up to the timo of completion of my inessago, I beg to refer you to the treasurer's report. Tin* Dispensary. I ho most dillicult problem that confronts you is the regulation of the l;.pn>r trallic and it is vour dutv. us the trusted representatives of the people, t?> use your hest etlorts iu satisfactorily solving this question. In my inaugural address 1 asked that 110 muterial chuntro l.e made 1:1 tlio dispensary law until it could he ^iven a fair trial. This it had never had. Upon my reeoiiuuendatiou the law remained e.s it was, with the exception of a few unimportant amendments. On assuming the ?luties of i ioveruor I undertook the nforcement of the law, endeavoring to do w itii as little friction as possible. At fust, my etlorts were encour: i?;ly successful, hut this success was hindered hy disagreements anions the liiciuhera of the State hoard of control. J he inisiiittiiuuement of the Stato dis- , pensary and the hickeriu^s and dissensions m the State hoard disgusted | some of the warmest supporters of the law, and caused a jfrout many to lose i faith in the system, lint hy reorgani- \ y.atiou of the force this mismanagement j v as corrected, aud the hoard lias since women in nuinionv. isu it said t?? their | credit. t lie ?11 speusury is now conducted i in u molt) business-!iko way than ever ] before. Hinl it not been for the inter- ) vetitioii of the l eberul Courts I iio not ( hesitate to any that the dispensary i would to.lav liave very little opposi- i lion, and would have already proved, both financially and morally, a frreat 1 success. , The Federal Courts hn\o seriously crippled the law and rendered futile ail ] my eli'ortH for its enforcement, by hold i . iii^ in the ease of Donald vs. Scott that i Citizens of the a ri^lit to im | whiakey tm , \ -U.ut UB|Btt*wbo were en^nyen in t'no illicit ' I we in win- ,.' t> ?i! ? ..f decision to import whiskey for it thus beratne very ditlieult for constllhlfs to tell it was H ^^Kted for i i I he const aides, under my instrucseized ipiantities of whiskey ^^vtlicrc HHia couiieeted w ith the liiipoi tation apidicntion dudye Simotinil the whiskey seized was Hj^^^^uHptiniiirr with this decision the ha, been involved m continuous [ < H ni'iiox. J" tho case of Kx. Loel) Judge Simonton held that agcntu of liquor dealers outside the State might come into the State, take orders for liquors and ship them to citizens of the State. Kuoouraged by the above decisions, the liquor men applied tothe United States Circuit Court for greater privileges, aud in the Vandercook decision were granted all they desired. In this ce>e the same judge held that citizens of another State migl.t import, *Aore away and sell liquors in original unbroken packages of all sizes mJt less than one-half pint. This led to the opening in the State of hundreds of privato liquor houses aud Hooded the whole of South Carolina with whiskey. Blind tigers, furnished by "original package" dealers, hegau the sale of whiskey in quiet, peaceful couimuuitios, where liquor has never been sold. In my efforts to euforce the dispensary law, as modified by the judge's decis ions 1 met with great difficulties. At one time Judge Sunouton seemed to assume the combined perogatives of the Chief Executive and the Legislature of South Carolina, and undertook the miendment of tho dispensary law by injunction. Tho Governor, the constables, aud all persons connected with the enforcement of tho law, wero enjoiued frofii interfering iu auy way with tho "original package" dealers, and the law euacted by' tho representatives of a sovereign State was practically repealed by u Federal judge. .When it was reported to mo that Varu, Hyrd A Co., "original package"' dealers at Uamberg, were selling whis. key to druukards, I immediately ordero<lthe constables to sei/.e their liquors and arrest them for maintaining auuisanco. This wus done, but they applied to Judgo Simonton to have the stock of liquors returned at once, aud asked that the constables aud nil persons acting uuder them, or by virtue of authority from them, bo restrained from further intermeddling with the said property. This request was granted, notwithstanding witnesses swore tliat they had seen tho man who bought liquor at or about tho timoof the sale and that he was druuk. Tho judgo held that, to be guilty of the otVenso of selling to a drunkard, the party selling must either kuow or must have substantial reason to behave that the party buying was druuk at the time. Agein iti the case of F.. J. Connor vs. Geo. S. McCravy et al., Geo. S. MeCravy, sheriff of Luurons county, liotiliud uio .liat four two-horse wagons bad heeu sent to Augusta for whiskey and that on their way back to 1.aureus he received information that the drivers wero drunk and boisterous aud were selling whiskey from the wagons. I ordered the wagons and liquor seized us soon as they arrived at Laurens. Thereupon F. .1. Counor tiled a bill of compluiut in the United States Circuit, Court praying for a perpetual iujuuctiou restraining the defendants from seizing liquors of the comnluinaiit. 1'nnn this bill being riled Judge Sinioutou granted ft .ru'? against the defendants, requiring them to nlio\v cuuso why ft temporary writ of iujunctiou should uot be grouted, and at the samo time ho made ? restraining order to the following ellect, to-wit: iinjoiniug the from 'otherwise carrying away or confiscating or detaiuing any of the liquors, wines or beer imported or sent into the SStato by tho complainant; aud furthermore commauding said defendants to forthwith deliver tho horse, wagon, wines und liquors to the possession and ooutrol of the complainant. In the above instance you can see some of the difficulties that have confronted me in the enforcement of the dispensury mw. "Original package-' dealers have been allowee to sell to drunkards, and from wagons on public highways. Whenever a sei/.uro was made the complainant would hasten to ludge Simoutou, who seemed at all times ready ami willing to lend n helping hand to such applicants. Judge Simoutou^ decisions aud his unfriendly attitude towards those who were charge I with the enforcement of tho dispensary law so completely demoralized tho State coustables that t; a were of lit tlu use, ami became utmost u dead expeuso to the Stute. Tho cost of maintaining the constables was about 94,"00 per month. They were ufraid to sei/.o liquor for fear the Federal judge would jail thoui for contempt. When they did make a seizure it was, with few exceptions, released and the constables enjoined. Inasmuch, therefore, as Judge Simonton had practically paralj'zed the constabulary, 1 dismissed the force, lea vim; tho responsibility for the enforcement of the law in the incorporated towns and cities, in the huuds of the city anil town authorities. I retained a few detectives to suppress "blind timers" in tho countrv where the people have little or no protection. l'he dispensary act makes it ^tho duty of the State board of control to withhold their share of profits of the dispensary from any town or city in which tho authorities do not enforce the law. ho fur the profits havo been withheld only from tho town of Sumter, and I have appointed a constable to be j aid out of the town's shureof the profits to seetha'. the law ts enforced fliero. Wo huvo then to face tho following condition of affairs: Fnder the pro tection of a circuit judge of the Tinted States Court liquor is 1 icing sold throughout tho State, in tho country as well in the municipalities, and m defiance of the laws of the State, l'he rights of a sovereign State to polico and regulate tho liquor traflic in its ...... ........ .... 11: n 1 .XIII " my in u it 111111511 1111(1 iritlllplOU 1111 lor foot. The act of Congress of July i. is;to, lias been, so far ns South Carolina is concerned, roper.led, ami wo are told that the enactment of prohibition alone give a Ktato the right to exclude "original package" dealers, unless the profit feature of the dispensary is destroyed. the language of Judge Simontoii in the Vandercook case is as follows " If nil alcoholic lnpiors. 1?y whomsoever held, are declared contra band they cease to belong to commerce, and are within the jurisdiction of the police power. Hut so long as their manufacture, purchase or sale, or their use as a beverage 111 anv form or by any person, are recognized, they bolong to commerce and are without the domain of the police power. " Tlio power to license the sulo of liquor, to exclusion of these interstate commcrco lenlers in "original packages has been therefore destroyed by this do tnsion, unless it should bo reversed by the Supremo ('ourt. 'J'he attorney genjrai of the StaiO lias appealed, but the ippeal will not be Jieard until March I too 1*1$ fuv .VQiJ.lv kttQW what tQ9 decision will be,' in time to legislate in accordance therewith. It cannot bo doubted that a large majority of our people favor the dispensary law, if it can be secured against the interference of the Federal Courts. Three successive General Assemblies have declared in favor of the dispeusary as the best method of dealing with the liquor question. Gur representatives 111 Congress are at work seeking to sccuro additional legislation for the protection of the tttate against the intorfe: :oa of thernitedStates judiciary The I mted States Senate lias already passed a bill by unanimous vote giving the completo control of intoxicants to the States, and it is hoped that the Ilouso also will pass it. But we must have iuimcdiato relief from tho present intolerable conditions. Free liquor, with its accompanying increase of drunkenuess uud consequent increase of crime must ut all hazards be got rid of. As I have said, a license law will not secure immuuity from this evil. Judge Simoutou has destroyed, alontr with the dispensary, the license system when run for profit. What, then, is ur? .)? o w. _:?> 1 'oii iw uu . no uiimir euuor duucv prohibition or continue the dispountry system without the profit feature. Many?o majority 1 believe ?do not think prohibition is practicable, and many have approved tho dispensary system because of tho profit feature. We can certuiuly get rid of the "original package"' dealers aud their demoralizing tratlio by continuing the dispensary shorn of all profits and administered otilv as u police regulution to .-outrol juid reduce the liquor evil. The /ederal judge will have neither occasion nor excuse for his ever ready injunctions, if that system shall be inaugurated. uuless ho shall again reverse his own previous decision. This, then, P e ;rs o me tl e 1 o u end almost the tne only itiiug It-it us to ilo. We might try this policy for u year, and next winter, utter Congress shall havo acted, or failed to uct aud after the Supreme Court at Washington shall have decided what is to become of the State's power to control liquor uuder the Wilson bill of 1NH0. we shall be iu a position to take final actiou. Hut as facts sucak louder than words, I will give tho testimony of ministers l of the gospel in tho State as to tlie effect of tiio dispensary law oiithe morals of tho people and on the reduction of drunkenness auioug them. Out of four htnidred and sixty-three auswers received from tho ministers of the State to questions submitted to them in a circular letter, dated October 1st, 1S97, three hundred and twenty-four reported a decrease in drinking of forty-six and one-third percent., and a corresponding decrease in drunkenness since the dispensary law went into effect. Hixty nine reported an increase in drinking of lifty-four aud three fourths per cent. Vet, in the face of such testimony as to the good results of the system, Judgo himoutou declares it is not a police measure. * * * * Lotus, therefore, do wliut is left us, and wait for action at Washington. Public Printing. ] turin^ibe of public vtie committee provided for bv ' sisting of tho (tovernor ami Hue men of tho committees on printing of your honorable bodies, met and elected .Mr. Charles H. (,'alvo public printer. This coiumitteo thought the State might havo been saved several thousand dollars had the uct provided for, or permitted, competitive bills. The price to bo puid for the work is fixed in the act aud tho committee found itself compelled, under the provisions of the law to luako tho appointment. 1 recom- ' mend that the act bo repealed und that a committee from each of your houorn- ' bio bodies be selected to let the contract for public printing at competitive nrices. 1 further recommend that the act tix tito maximum price to bb paid for the work ho as uot to excood tlio price being paid now under the existing law. Direct Tax. There uro t:U). Tl) in tlie State treasury to the credit of the direct tux fund, whicn, uuder an uct upproved I 'Jttii December, 1S!M, is uvuilablo for public purposes. 1 recommend thut you puss u joint resolution authorizing the State treasurer to transfer this uceoiiut to the general account. Special Legislation. The number of special statutes should be reduced by the enactment of general laws, embodying ample provisions and remedies for the relief of persons, corporations and communities, relative to subjects of u general character and to put an end to the present tlood of special legislation. As it is easier and in some cases cheaper to apply to the (ieneral Assembly for relief rather than to the courts or other tribunals provided by general law, the legislature is being, upon various excuses, subjected to constant pressure to enact special laws for the relief of individuals. Indeed, even constitutional provisions intended to limit such special legislation have often been evaded under the guise of u socalled general law. In the constitution of there uro express provisions prohibiting special ami local legislation by thetleueral Assembly. Prior to IS'Jo, during each legislative session a great deal of timu was consumed in the consideration of such special legislation, at great expense to the State. It was to check lins growing evil thut tlieso prohibiting provisions were introduced into the constitution. It is natural and may bo praiseworthy for individual legislators to seek to advance the inter esta of their localities* and constituencies, lint such interests should be subordinated to the general public pood, and such special and local legislation is evidently injurious to the public weal, l oo much legislation, both general ami special, has undoubtedly characterized South Carolina tor tho past thirty' years. Such special and local enactments, besides Pomp a species of class legislation, are most harmful in making it uncertain what tho statute law is It is, therefore, a wiso provision of our present constitution. which prohibits local and special legislation, and it should be rigidly enforced. Hut, notwithstanding this constitutional inhibition, an examine! ion of theae's passed bv the (>eneral Assembly during the sessions of is.a; and IH'.li will show that this wise provision was evaded and that lucre was considerable special and local legislation. Since the adjournment of il.o (.enei.d Assembly in IStiT an act passed during the last sonsion has been decided by tho Supreme Court to be unconstitutional ou the giouud. among others, thai it ?U special 'and local legislation. It was an act forbidding a citizen of one county to lish in another county for profit, without first obtaining a license from the county treasurer. Tbts seems to be ,a general statute, but in the third section of the act it is provided that the act shall apply to no oountiea in the State except Colleton and Berkeley. This disregard of constitutional provisions if not checked will open the way to an increasing mass of this kind of legislation, and must result in the practical defeat of the objects of the constitutional inhibition. Prompt action should be taken by your honorable bodies to enforce observance of the proWsions of the constitution ou this subject, and to confine legislation us nearly as practicable within the limits prescribed by the constitution. 1 would respectfully rocoinmend for your earnest consideration the creation, by a joint resolution, of a joint committee of the two houses who shall h? nnecinllv ohnrired with the dutv ol supervising all bills introduced, andreporting such an come within the proprietory provisions of the constitution, relating to local and special legislation. With such a safeguard the General As sembly can successfully avoid tho enactment of laws forbidden by the constitution and insure tho faithful observance of its wise and salutary pro visions. State Colleges. The nttondauce at the btate college! is fully np to the average. Tliev all np pear to.be doing satisfactory ami carefu work. During tho past year Dr. Fraul C. Woodward was elected president o tho Souto Carolina College, and Prof Henry S. Hnrt/.og president of Clomsoi College. They were elected to fill va cancies occasioned by the resignation of Dr. dames Wood row, president o the South Carolina Col lego, and Prof E. H. Craighead, ^resideut of Clemsoi College, ilesnlts are proving the wis dotn of the trustees in making these ex cellent selections! Phosphate Industry. Only 840,700.25 have been paid dur iug tho year into tho State treasur; from the phosphate mining industry This amount, under tho law, must b levoted to a sinking fund for tne ro iemption of State bonds. You may ex pcct u still smaller revenue from this source next year. Competition with A1 giers and Florida has so reduced tin price of phosphate rock that some o our miners have been forced to suspem operations. Those who are engaged it the business aro mining at a loss, not withstanding the fact that the board o phosphate commissioners reduced tin royalty from 50 cents to 25 cents pe; J lie Sinking Fun:l Commission. Tlio total valuo of the assets of tin comulative phosphate royalty sinking fuuil is $203,007..It!. Of this atnouu $37,532.00 was loaned to counties at i rate of 5 per cent, interest per auuuin The sinking fund lin3 permanently in vested in State stocks $#>,728.50. Ther is invested in temporary loans, undo the act of February 25, 1800, and Feh ruary 25, 1807, $58,484.22. This leave a bulanco of $131,202.78, which ha been deposited it} bank, bearing under the act of 1807 only a sinal amount was lent to counties; while th greator purt of tho fund has been de posited in banks and is unsecured, ex eept by the credit of these bauks. ] will also be seen that on tho 3lst o December, 1890, there was then loauo< to the banks at 4t ner cent, interest and secured by a deposit with the Stat treasurer as collateral security of Stat Drown 44 per cent, stock, $173,084.22 leaviug onlj- $2,810.03 cash doposited i bank. Confederate Kecords. It has been particularly unfortunat that the otlice of State historian hn beeu made vacant by the death of tw worthy incumheuts. Since tho nd journiueut of tho (.Jenefal Asscmbl the grand old Confederate soldiei (luneral Hugh L. Farley, has passe away, before ho had completed th I work to which he had been assigned i appointed v 01. .loan t\ i nomas i^oii federate historian, to curry ou tb task. You will tiuil in the report t Colonel Thomas u detailed htutemon of the work already done, togethc with what remains to be finished jspecially as to the completion of tb ('onfederute rolls. It is the duty c the State to piepnre an historical ui count of the part taken by the cou: mnnds from this State in the gre? civil war and to complete the rolls, therefore urge that provision be mad for carrying on this work. To insur completion 1 recommend that a sui be appropriated sufficient for cnrryiu out this undertaking;; and J suggest u an inducement to its early coiupletio that while sullicieut money be ullowe monthly for current expenses, tli major portion be paid only upon tb completion and acceptance of the wcr us now mappu I out. County (iovcriiinent. 'Iho (leneral Assembly should giv careful consideration to the mutter t expenditures by county government! I he system now in forte is very cun: bersome, and in iuany rouuties leads t extravagance. From the represent* tion by townships arises a tendency t reciprocate favors, and this leaiis t useless expenditures which, if ther ... ....i........ >i i...iI ??-i u ujijum i mum \ iui uinst; jiiuuuui bcneliciul exchanges, would be avoided .Many counties have remedied thistron Mo us fur as possible nnd have made further saving by nlaciug their officer on fixed salaries nnd turning the sui plus left over after paying the sulur into the general county fund. Conclusion. I desire to impress upon the raemhei of the (ieueral Assembly the necessit for the strictest economy in the upprt priation of public inonoys. While uu necessary and exeessivo appropriation of public money should he avoided n all times, and the strictest econom consistent with good administration, 1 every branch of the public servic should be at all times enforced, there i at this time a special reason why thi principles should he carefully applied 1 lie people have endured a long perio of business depression, but the prosou low price of cotton.our principal incne crop, has caused still greater doprci siou, and the mercantile and industru inactivity is keenly felt by all classe* As guardians of the public interests an custodians of the public funds the pare mount ipiestioii at this juncture, wiie considering the appropriation of th people's mofjey, ^Uould bo. Can thi expenditure be deferred without injury to theimblic interests, until imslness shall haive resumed its normal activity? i Od account of low prices and tho scarcity of money the burden of taxation i presses w itn more tliaiu usual severity upon the people, and in no way canyon i more ricidy merit their approval and gratitude <or justify their confidence in you than by ju?mciously striving to I lighten tLxi s burden. J have tiudeavored, aft er a study of I the State'B uftairs, to make #uch reconii mondatious to you bb seem proper aud just. The I Governor cannot. luako law a ?to you dloi ie is entrusted, as it shou'el be, "the pow or to pass bi 11b aud to change existii >? laws for bo tteriug the i conditiods of o ?r metitutioi is and for i reducing taxes. My recom; Herniations arc merely %dvi;tory; the ro? ponuibility for the pussago ? w defeat of k ills, introduced or reeouiin vended, lien with you. ' it is my desire to co-operat?&> during tho ' coming session, a ? (luring tl?o past, with [ your respective be wlieB aud luembers in the interest of the taxpayer!?and of our people generally; i u that beLvalf I will at all tunes be pleased' to eousulu with committees or jvitb individual jnemhoi s. Tho responsibility for the defeat of any good weUvUiro i< )r wnaiewr reckon shall not rest ou tho executive, nor shall I allow mysolf to be lull aunccd in any of my notions b> t intimut.ouh that luy measures may C e defeated. I'orHonal preference or tl isire tdmll i*>t l>e indulged by me in tli e proposal ?.f any ' measure. If tboy 1? ) found not sub. serveut to the public i utorests, my sug1 gestions should be ig uored; if in that j interest, their defeat 1 /ill liMrni not the j executive but only tl io ixiuplu. I cull your nttenti< > u to the reports of i tho various Stato t topartmonts, which . will give you a mor. ? intimate insight a into Stuto affairs. i w the various do[ pnrtments of the St. vto government I iiud in tho oflicers u g eneral disposition ! to follow tho law and . iisehargo proper. ly tho duties of their c Iheers. Wm. U. Eei-erre, (lovorLur. ASSIGNMENTS IN VIRGINIA. Law to Prevent Preferi 1n* Wives or e Others to Detriment o f Creditors. In the Virgiuia Le^ rislature the f [louse bill providing for the list. ;ng for taxation by t he commis3 lioucrs of the revenue o f all bonds, | itocks and other evidences < if indebtedx aess before they can be i wllected by iegal process, lias passed the ? Senate, f Mr. Athwithrow, of Bath, offered a J bill providing that a lien giv en by any r person or lirm to prefer one or more creditors shall injure to all. The hill provides in detail that if any person, 9 iirm or coaporntion, creato aD ty lieu or X incumbrance on his or their pr ?perty or t jstate, for the purpose of givi ig c. pre i (erence to one or more creditor sol such person or tirm, over any other creditor - cr creditors, except to eecur o .a debt 0 contracted, or money borrowet I v ?t the r time of the creation of the lien ? >r eni cumberance, the name shall en.r tre to h the benefit ratably of all the cr* ditors s nf such person or firm existing < it the 4 time such lien or encnmberana J was u created. ^ _ T ? ? ? 1 It seeks to prevent the giviu g of a 0 preferred claim by parties ab out to i- make an assignment to their wives or - others, to the detriment of the uernaint ing creditors. 1 A FIGHT IN COURT e Between the Judge ou the Bench And 1 0 u Lawyer. ^ The court room of the La' ?ser< (Cal.) county superior court was th ? Scene of an extraordinary altercation between a 0 judge on the bench and an a: itorney at >s the bar. For some time relet ions have " been strained between Super) wr Court ' Judge F. A. Kelly aud Attorn oy F. V. ( Spencer. Snencer took strou g excepd tiou to a ruling by the court. Several o ironical remarks passed, an id then |. Judge Kolly lined Spencer ?.*>0 for coui temi>t. Spencer defied the cou rt to his e fuct, and (he court retorted - with the ,f statement thnt Spencer was a . lalsitier. it Judge Kelly followed it up by leaving :r tho bench and striking S penoer. [, Spencer utteinpted to strike bai but 0 Deputy Sherifi' Martin intorfo. ted and >f the judge returned to his seat: on the >. bench. Sponcor stood at theba r of tho i- court applying to the judge o ffansive it epithets. Tho court then ordo red the 1 deputy sheriff to remove A .ttorney o Spencer, but afterwards modi tied the o lUHirucuons una awoweu ape ucer to a return. sr "" H A FAMILY MUKDKRK D. )J An Unsuccessful Attempt rfluile to 0 Kuril the House and the K utiles. it A anoAtal frAm W nrpn<it?r Moon k says: Fraucis D. Newton, a prosperous farmer of Brooktield, his wife, Sarah, and their 10-yeox-old. adopted daughter, Ethel, were found murdered i. in their beds. The crime was discovered i- hv neighbors whose curiosity was o aroused by tho lowing ot '(he unfed i" cattle. The three had boon killed with o un axe. A lured man who has been 0 employed by? Newton, is in.isaincr, and a the authorities are making n search for y him. Ho was known only by tho name I. of 1'aul. i- Newton was 4"i years of aire and his ? wifo was three years younger. An at's tempt had been made to conoenl the r- crime by setting tire to tho house, y Kerosene had boon spilled 011 tho door of the woodshed ami a lamp no placed as to sot fire to the wood. One stick .j, was burned through, but for aome uny accountable reason a blaze was averted. J. itobbery is supposed to have been the motive of the murder. it MJL .. A Child Choked to THmiOi. ii Tho littlo two-year old child of Mr. e I,co Whitesides, who lives noar (Jasj* i tenia, N. , met death in a very pe1 I cubur manner a few days ago. It was ,j playing oil tho top of a cliiokon coop { ami fell through tho covering of tho [ v coop in such a manner that its neck i I. was caught aud it was choked to death. Not Collectable. d .fudge Foul, in tho Federal Court, at i- I Abingdon, i'u , handed down a donsJJ ' i -n hohiing. :n ofioct, that back taxes ? i for property in the bauds of a receiver ( 9 1 cuuld not be cojlected. | illi Ml it The Gallant Old Warrior Passes Over the Mystic River. BRIEF SKETCH OF HIS LIFE. When Lee Surrendered at Appomattox Ho Commanded tho Larsest Brigade of tho Surrendered Army. Gen. John. Bratton died at his home ct \\ inusboro at 9:30 o'clock on the night of the VJth, from a severe attack of heart trnnliln lla win ror-nvnriiii* from a similar attack a few days previous, and his fuinily bo| ed ho would uot have a return. His son, ltev. T. D. Bruttou, of Spartanburg, was with him. The funeral took place at Wiunsboro the following Friday at 10 o'clock in tho forenoon. (leu. llrntton was oue of the most distinguished gentlemen of the State, nud the descendant of a family that has been identified with the development of South Carolina since its reception into the nuion of the States. From time to tune its members have been honored by the people with important trusts, aud during the revolution none fought more valiantly for tho iudepcudeuco of government tliau they. Cyl. William Hrutton, the progenitor of the family in this State, was a Virginian and went to York county previous to tho revolution. He was among the first pupils ef Mt. Zion college at NVinnsboro, from which he graduated. He made that town his homo and spont the romainder of his life tliero. ife became u physician. He was twice married, tho first time to a daughter of Hon. Wiuu, undthesecoud to Miss Isabella Means. To this latter marriage four cliildreu were born, of which tho subject of this sketch was the yyuugest. . He uttouded Mt. Zion and graduated at tho South Carolina College. He later graduuted in medicino at the medical college in Charleston and practiced his profession in his native eouuty until tho outbroak of the war. He enlisted ns a private, was soon mado captain and served in that capacity at tho bowhardmcut of Fort Sumter. When his company was called on to enlist iu tbe Confederate service they refused, aud Hrattun, with twenty others, enlisted as privutes and helped to till unothcr company of the ?? - ? Two Klr?t-Cln8S Appointments. Governor Ellerbe 1ms recently made two lirst-elnss appointments. On account of the death of the lato Gen. liagood thero was a vacancy on the board of visitors of the Citadel, as well ub in the chairmanship of the hoard. Col. ('. S. (indsdon wan appointed chairman of tho hoard of visitors, and Bishop Ellison Capers a member of the hoard. Bishop Capers is an alumnus of the Citadel, and his uppointment will give universal satisfaction. Col. Gadsden has been connected with tho hoard for many years, and has been one of the the most earnest, effective and onergotic workers. Itoard Rescinded Its Action. l!on. Altarnont Mosos, Senator from Sumter county, appeared heforo tho State Board of Control on holmlf of hi* county, last weok, whoso share of the dispensary profits was withheld some time age on account of the non-cnforce meat of the law. Mr. Moses presented the elr.im of his count r in so clear * manner that tho bourn rescinded iti former action and oiiic.ed :nc withheld share of the protits to ho paid to Sumter county. Sixth regiment, which did enlist. The regiment was ordered to Virginia. There was somo trouble about the reenlistment of the regiment, but finally a new bnttaliou was formed, which liually became n regiment, and he was elected tho colonel. On the battlefield of the Wilderness he conducted himself with the greatest valor and brilliancy, aud was made brigadier general. (Jen J-? "??"v>a telygium to the war department at liiehiiTonTt on uiu uiguiur m? second day s idght, requesting tho immediate promotion ami confirmation of Col. lirattou. liis request was full}* complied with the next day. When Lee surrendered at Appomattox, (ien. Bratton commanded tho largest brigado of tho surrendered ariuy. At tho close of the war ho returned to Fairiield and since that time his history has beoti co-extensive with that of the State. lie was olocted to the SState Ovulate in lMtiti.und was a delegate to the taxpayers convention. In USTti he was chairman of tho State delegation to tho National Democratic convention and was for a number of veura tie chairmuu of tho party in his wuuiv iu 10.511 n? ? ruHti'inan 01 me State Democratic executive committee, ftud in 1?.S1 he was elected comptroller gcueral to till n vacancy, lu lbtf4 he was elected to Congress to till the unexpired term of Congressman Evans, deceased. For many years he was a trustee of the State College. In ItfuD ho married Miss Elizabeth Dultoso, daughter of Theodore S. DuBose, and they had three children, two of whom survive. Dr. William Dratton having died iu the past few months. -4?S Shot From Ambush. A dastardly deed was committod eight or nino miles southeast of Camden a few days ago. Mr. J. O. Baker had just left his heme for the purpose of going to Camdon to attend a iawsuit, in which ho was one of the principals, when somo one emptied a load of buckshot into his body from ambush. His condition is very critical, aud in his nnte-iuortem statement he charges John and Tom Hp) ad ley, sons of Mr. Alf Hpradley, with whom ho was having a law suit, with committing the deed. Theso young men are 21 and 2D years of age, respectively. They have been put iu jail. They disclaim any knowledge of the affair. Baker in his testimony, however, declares positively that ho saw them, aud that they are the guilty parties. NOIUBLE ill KM. Roseborough, of Fairfield, Aged 70, Marries Hester Howell, Aged 70, FATHER OF TWENTY CHiLDREN. The Mother of tho Bride, Aged 00. Wns Present--Tho Kutlior of the Groom, Aged 05, Still Alive. The Ridgeway, Fairfield county, correspondent of the News aud Courier, reports the following notable negro wedding: Near Sharp Postoftice there was a remarkable marriage of an aged colored couplo?Frank Roseborough to Hostor Howell. A number of white and colored friends of the contracting parties witnessed the ceremony. Tho bride is TOyoars of ago. Her mother was preseut. She was an old servant of tho late Thomas Session, aud was purchased by 1.2 -2? ..?.???. Arrrt of flirt fl(TA of Ullll U1IJ-B11 JOUI O uv ?MV ?p>v ? 40; therefore, she i?? known to he l)l? J rears of ape. She is conversant and las a retentive memory. Tbo peuiul Frank was owned by the Roseborough family, of Itidpeway. lie was all throuph the campaign in Virginia with his yonnp master, Mr. Thomas Roseborcnph. Many of the soldiers with tho old 7th batallion will recollect Frank and wish him happiness and prosperity. Frank is now 70 years of ago. Ho is tho father of twenty children by his lirst wife, who dieu about two years ago. His father aged ?. .>, is now living near Ridgeway. He wus tho former slave of the lato Col. II. C. Davis, claims to have known him from an infant, and he a man-servant of his father, the lato Dr. Davis. In his youth ho remembers when there was only a few stores on Main street, Columbia, which is now the business portion of tho city. Against the Cotton Seed Oil Trust. At Bennettsville on tho first Monday the cotton growers of Marlboro county met and orgnuizod, and among tho most important business transacted was the following resolution, which was passed, and the co-operation of other counties and States is solicited in their enforcement: "Whereas tho late Cotton Growers' Convention declared against all trusts and combines; and whereas the cotton oil companies have organized a trust on cotton seed ami meal, iixing prices on both without regard to our interests; and whereas tlicsearticlos conic at onco into tho legitimate domain of our reveuue from cotton growing, and tho control of their prices is undemocratic as opposed to freo trade: therefore, be it Resolved, That as tho bulk of seed lias already passed from our hands at ruinous prices, we deem it advisable uot to pay more than (flii per ton ior meat ucuvereu. < ?> Frte Library for Marlon. Uawivu Ouuntjr in ouun io linvO Ik publio library, which will boagiftfrom Messrs. C'. A. Woods and IT. C. Graham. Mr. Woods has given $o0<) for that purpose and this amount has beeu supplemented bv a gift of from Mr. Graham. Mr. Woods has also signified his intention of eriviug $100 a year tot lie library for three years and Mr. (iraham will give 8100 annually for tho same length of time. Tho library will bo absolutely free to all the people of tho county. Inconnoctiou with the library there will be well furnished club rooms, which will bo kept up by membership fees. Mr. Woods and the Jlank of Munon have given the second floors of their buildings, which are under tho sarao roof, for the uses of tho library and club, freo of rent. This will give the library a convenient aud spacious homo. Hudson on tlic Nimble Pistol. Ex-Judge J. II. Hudson is out 111 an ablo article on the causo and euro of homicides. He says tho nimble pistol and the relaxation of the laws and rules relating to criminal presecntion jr. at tho root of all tlio trouble and tlint all efforts to annul tho evil should l>e directed to prevent the use of pistols and to re-establish the efficiency of tho courts in dealing with the crime. Ho further says pistols should bo prohibited as they are not within the constitutional provision regarding "the right to bear arms for tho common defcnco," and that jmlgen should be nllowcd to instruct and aid the juries; that criminals should not bo allowed to testify in their own behalf, and that bail should be within the discretion of the judge. High Prices for Klcc Lands. The Georgetown correspondent of the News and Courier, says that on tlio first Monday there was a larger crowd of people in the city than for u loug time. The attraction seemed to be tlm vniimi.u rice lands to be ollbred for sale under foreclosure proceedings. The prices brought wero high, as will ho seen by the following ligures: "Annaudalo" was bid ofl by Mr. L. breslnuer t'or S!i4,225. This is full value at the present outlook, notwithstanding the plantation is in first rate condition. The three places, "Hopeland," "Uopowell" and barony," were sohl together, and brought $1 ?,!>!)(), being bought by Mr. (). It. Skinner. A syndicate of local capitalists will he formed, and a stock j company chartered, which will plant this valuable tract of land. -? ?Piedmont Farmers Pay I'p. The Spartanburg banks say that the farmers have paid their notes remarknbly well. Even with n-ccnt cotton there seems to he a living on the farm. Perhaps, after all, the low price of cotton will prove helpful in that it will force the farmers to diversify their crops, and to give more attention to the raising of cattle, hogs and chickons. Salt* of llrokcn Down Stork. At Floronce, tho merchants and Homn other business mon havo organized a "lioneyard" and tho tirot Monday in this month was tho inaugural day. Quito a crowd of people, us well as suitable stock, were in hand. Morses, mules, cows, wagons and plows wcro auctioned off and went to the highest holder. Mules sold as low as S3. The "Boneyard" will be conducted every iirat Mondav.