The Union times. [volume] (Union, S.C.) 1894-1918, January 21, 1898, Image 2
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.