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ESTABLISHED 1799.1
THE SITUATION.
CONSTITUTIONALIST OFFICE, 1 A. M.
Ihe dispatches show no progress in
the proceedings of the Louisiana Re
turning Board. Upon motion of the
attorneys for the Democrats in that
State, founded upon affidavits that re
turns from fourteen parishes were in
the city of New Orleans and not turned
over to the Returning Board, an order
was issued by the Board requiring these
returns to be furnished at once.
Nothing has been decided in Florida.
Both sides argued the question of a
mandamus to the Governor to pro
hibit him from canvassing the returns.
The decision has not been rendered,
but it is believed in Tallahassee that
Gov. Stearns* like the Board of Can
vassers in South Carolina, will take
the bit in his teeth and act according
to his own sweet will. Let him—and
very soon the burial party will come
along and shovel the sand upon his
remains.
The rule nisi for a mandamus, to
compel the Board of State Canvassers
of South Carolina to report the dis
crepancies between the canvassers’ re
turns and those of the precinct manag
ers, was served yesterday on the per
sons lately comprising said Board.
Adjutant-General Purvis, a negro,
Btated that he had resigned his posi
tion. As he is not a candidate for re
election, we think it probable he has
done so.
Nothing has been done by the Su
preme Court, for the reason that it
adjourned yesterday before the action
of the Board of Canvassers, to meet
again to-day at 11 o’clock a. m. The
actings and doings of the Board in
detiauce of the Court are abso
lutely null and void and
will in no wise interfere with the cas-.es
now before the Court. These will be
decided in a day or two, and theu we
will know whether Haves or Tildes
carries the State, or the electoral vote is
divided. The Legislature stands Dem
ocratic, and will meat next Tuesday
and declare Wade Hampton Governor.
Let cs have Peace !
THIS LOGIC OF FACT.
Figures Derived from Republican
Sources—Tildeu’s Majority Not Less
than 7,000 —Tbe Disp-ited Parishes.
[Special Dispatch to Philadelphia Times/)
New Orleans, November 19.
Tho law requires Supervisors of
Elections to deposit certified copies of
their returns with the clerks of the
District Courts. They are. in fact, du
plicates of the returns sent to the Re
turning Board as a check upon this
board. The Conservative-Democratic
committee has secured from the clerks
of the courts certified copies of the re
turns in their possession. From the
statements thus derived from official
Republican sources, the following in
teresting figures are compiled, show
ing the votes actually cast in forty
eight parishes: Vote for highest elec
tors, Tilden. 83,689; Hayes, 76,653; vote
for Governor, Niehoils, 84,202: Packard
76,112; majority for highest Tilden elec
tor, 7,036; vote for five Republican elec
tors, 74,440; vote for five Democratic
electors, 83,689; majority for five Til
den electors, 9,249. The difference in
vote for the five electors, as exhibited,
is owing to the omission of the names
of that many candidates from the Re
publican ticket in certain districts.
The five Tilden electors gain 2,213
votes by this omission, or over 700
more thau was at first supposed. From
ten parishes the returns are unofficial,
but autneutic statements of the vote
show Tilden, 6,165, Hayes, 6,772, so
that Tilden cannot have less than
7,000 majority according to the returns
as they go into the hands of the board,
while the Conservatives claim it is
still greater. The increase of the Dem
ocratic vote over 1874 is 7,756, and the
inciease of the Republican vote over
the same year is 4,851. In view of the
simple story told by this fair presenta
tion of figures there is increased doubt
of the ability of the Returning Board
to count the State for either Hayes or
Packard. Throwing our five parishes
will still leave 4,000 majority to be dis
posed of, and how it is to be done has
not yet been decided. But the ooard
has accomplished some astounding
things in this line, and resident Demo
crats are still afraid to hope. M. P. H.
iFrom the New York Sun, Nov. 18.]
Another Way to Elect Hayes.
It. may not have occurred to Zacb
Chandler and Jay Gould that they can
make Hayes President by a method
that is much simpler than,and quite as
honest as, the plan which turns upon
the forced declarations of Returning
Boards at the South.
The Tribune has already suggested
that when Congress meets next month
the upper branch would do well to
choose Mr. Blaine for President of the
Senate, in place of Mr. Ferry, whom
Jey Gould does not regard as an “able
and vigilant Republican.” If this were
done, it would become the duty of the
able and vigilant Blaine to open and
read the electoral votes of the several
States.
The rest of the programme is simple
enough. It would bd necessary for
Blaine to declare the thirty-five votes
of New York for Hayes and Wheeled,
and when the correctness or his read
ing was disputed to button up the
ballots in his breast pocket and boldly
denounce his questioners as conspira
tors, Andersonville murderes, and
rebels who ought to be hanged.
This method, which may be termed
the Mulligan method, possesses ob
vious advantages over tho Returning
Board plan.
The New York Independent Intima
tes that the Christian Works of Rev.
Dr. Talmage on the Christian at Work,
have not proved very profitable labors
to the proprietor, Mr. Remington, as
he has lost over fifty thousand dol
lars by the enterprise, and recently
sold out the work for twelve thousand
in disgust.
FROM AIKEN.
Arrest of Adam Johnson —Fire.
(Special to the Constitutionalist.)
Aiken, S. C., November 23.---Adam
Johnson, the murderer and house
burner, was captured last night near
Willi3ton, and brought to jail this
morning. His disclosures are awful.
Arrests continue. A squad feft to
night down the road.
A small fire broke out at six o’clock
p. m., in an old kitchen in the west end
of the town. Loss light. w
[What is the use of arresting mur
derers in South Carolina, if they are
allowed to escape ?]
ELECTION ITEMS.
Criticisms of the New York Press on
the South Carolina Troubles.
New York, November 23.—The Times
says the South Carolina Board of Cau
vassere recognized, somewhat too late
their mistake in submitting their action
to the review ana control of the Su
preme Court, and in issuing its orders
to a judicial body or an entirely inde
pendent jurisdiction, that court was
guilty of manitest usurpation. In con
senting to argue the case before the
court, tho Board of Canvassers gave
these orders the appearance of validi
ty which could not otherwise have
been claimed for them. Tho clear
intention of a majority of the Supreme
Court was to do the work of the Dem
ocrats at whatever sacrifice of consti
tutional right and common justice.
The World says the Board of Can
vassers yesterday stole the electoral
vote of that State openly from the Su
preme Court, with the avowed object
of offering it to Hayes. The robbery
was brazen and shameless. It rests
with the American people to decide
whether they will surrender the control
of their government to such hands, or
maintain their liberties, self-respect
and prosperity by enforcing the reme
dies of the law against this lawless
conspiracy, without a parallel in our
annals.”
The Herald says, “This is very sharp
practice. It the Supreme Court can
not supporc its authority, which the
Board have defied, the State must be
counted for Hayes. The audacity of
this act betrays great desperation. If
undone in the course of justice, it will
stand as a monumental infamy.”
The Post says : “Tho best thing the
South Caroliua Board of Canvassers
can do is to reassemble. The country
will not be satisfied with proceedings
which look like sharp practices. We
admit that the Supreme Court itself is
not free from a suspicion of sharp
practice. No appearance of judicial
sharp practice, however, can excuse the
sharp practice of the Canvassers. In
the first place, tho Conservative opin
ion of the country demand respect for
the judgments of the constituted tribu
nals. It is better that a decision which
is wrong shall be obeyed than that it
shall be disobeyed, even to secure a
right end. The proceedings in South
Caroliua yesterday will uot convince
the country that the canvass is honest,
and fair.”
The Louisiana Case.
New Orleans, November 23.—The
Board met, and the committees were
present. Judge Spofford, counsel for
the Democratic candidates, filed a
statement that the returns of the su
pervisors for the fourteen parishes not
received by the Board had been in the
city some time, in the hands of the Re
publican supervisors or the Republican
candidate for Congress. Proofs of
truth were submitted, and a motion
made that papers be ordered before
the Board. The order requested was
issued, on motion of Gen. Anderson.
Condition of Affairs in Florida.
Tallahassee, November 23.--The
court room was crowded. Tho Gov
ernor pneseuted through counsel an
affidavit that he had never made up
his mind to canvass the vote, and up
to the present writing had not decided
that he was empowered to canvass
the vote.
The Democrats’ counsel disregard
ing the affidavit, argued that the Gov
ernor had no right to canvass the elec
toral vote, but such right resided in
the Canvassiug Board, and that the
Court had the power to restrain the
Governor from performing an act
which he had no right to perform un
der the law. Counsel for the Governor
denied the jurisdiction of the Court.
He abjured the Judge carefully to con
sider the risk he ran in issuing a writ
of injunction that could not be eu
forced by legislative procedure.
The decision has not yet been reach
ed. Bome excitement in the city. It is
generally believed the Governor will
not obey the injunction even if issued
to-morrow. Dade, Brevard and La
fayette counties are yet to hear from.
The Vermont Postmaster.
Montpelier, November 23. —Aldrich,
the Democratic contesting elector, has
served a protest upon the Governor
agaiust issuing a certificate to Sollace.
SOUTH CAROLINA.
Excitement Throughout the State, bui
no Violence— Resignation of a Mem
ber of tho Board of Canvassers
Columbia, S. C.. November 23.—Con
siderable excitement is reported
throughout the btnte, but no demon
stration of violence or lawlessness. The
action of the Board of State Canvassers
is considered final by the Republicans,
while the Democrats claim it has no
effect, because the whole question was
in the hands of tho Supreme Court, and
the board is guilty of contempt. They
express a determination to continue in
the courts, and bring matters to a con
clusion there. Last night the Demo
crats’ counsel served the writ of man
damus issued yesterday by the court
on the officials composing the Board.
The Supreme Court meets to-morrow
to hear the return of the Board. H. W.
Purvis, Adjutaut and Inspector Gen
eral, and member of the Board of Can
vassers, says he has resigned Ilia office.
Negro Rioters Arrested.
Charehstox, November 23.—Eighteen
negroes engaged in the late attaex on
the constable and posse at Stafford s
Cross Roads, !h Beaufort county, have
been arrested.
End of the Scourge.
SaVAHUAH, Ga., November 21.—The
epidemic here is over, and travelers
need fear no longer in coming to or
passing through this city on their way
to Florida, or any points South. All
absentees have returned and business
is going on as usual.
Chbvense, November 21.—General
Crook’s command reached Fort Reno
November 18th. The troops are well
prepared for the winter campaign.
The total strength, including Indians,
is 2,000.
INDISTINCT COPY
FOREIGN NEWS.
latest from the old world.
The Eastern Question.
London, November 23.—A Belgrade
dispatch to the News says, a cjisjs
seems approaching in Eastern affairs.
The Russians are coming in great
numbers. Servia will be the extreme
right wing of Russian operations. The
Servians will be sent to Bosnia under
their own officers. The Roumanian pon
toon trains are all on the Danube
ready for operations.
The Times’ editorial says: “We en
ter into the conference of the powers.
with something more than the hope of
peace. For the attainment of peace
we shall support any proposals that
offer a guarantee of the orderly gov
ernment of the Insurgent provinces,
without involving a rectification of the
international frontiers. If our labors
are fruitless we shall not throw our
selves on the side of . either combatant,
but shall watch wfiat the future may
bring forth.”
London, November 23. One hundred
million rubies, which Russia is now
raising, has already by
military expenses. Servia claims in
the line of demarkation several villages
in Turkish territory. It is apprehend
ed these claims will be made the pre
text for collisions whenever suitable.
Apprehended Insurrection.
London, November 23. —The Times
says a private telegram states that
war fears arc increasing all over the
frontier of Cape Colony. Native affairs
ou both sides of the British borders
are very unsatisfactory, and arc be
coming critical.
Spanish Affairs.
London, November 23.—A Madrid
dispatch to the Daily News says the
Spanish Government, is determined to
execute the men who seized the
steamer Montezuma whenever cap
tured. Armed vessels will convoy
merchant vessels iy Cuban waters.
Maritime powers have assented to the
arrangement.
The marriage between King Aifonso
anti the daugho-r of Duke! de Mont
spensier is now reported definitely
arranged.
# “Shoving the Queer.”
Richmond, Int>, November 23.— 0n
the persons of L me and Ballard, ar
rested here last night with Counterfeit
money, there iva* found SB6O counter
feit notes and $4,000 more of “queer”
in their baggage.
Among the spurious notes are SSO
Treasury notes. Avery fair imitation
of the issue* of 1869; 820 Treasury
notes of th“ second issm*, and fives on
the Traders’ National B tak of Chicago.
The latter were the worst of the lot.
Tho twenties a pronounced very dan
gerous.
Marine Intelligence.
Sandy Hook, 10:50 a. m, November
23.—The Franklin i-s now lying off tho
light ship. There is a Government
steamer going off to her.
Norfolk, November 23 —The schoon
er Do By Vurden. iron) New York for
Cape Haytien, is Imre in distress.
The schooner J. 8. Lockvyoi and, with
lumber, from Jacksonville for New
York, is ashore. Too crew were saved,
but the boat and cargo are in a critical
situation.
—
The Xorthiield Bank Robbers.
New York, November 23.—A Fari
bault, Minn., dispatch says the Younger
brothers, bet ter known as the North
field bank r< FUat's, ail plead guilty to
Uu\ murder at' Hc*ywood, the cashier,
and were sentenced to imprisonment
for life.
- - - - _
Tweed at Last.
New York, November 23, —Tweed
landed from the tug Catalpba, at pier
four, North riw r.
New York, November 23, p. m.—
Tweed was taken by Sheriff Conner to
the Ludlow street jail.
“Bulldoze.”
INew Orleans Times, November 16.]
We observe that many of our con
temporaries got the word bulldozed
into their dispatches and editorials as
“bull-dogged.” We gave the.elj rnolo
gy of the word a fewuionth3 ago. It
is a Louisiana word of negro parentage.
Last spring, in the parishes of East
and West Feliciana iiud East Baton
Rouge, luge lhitAbei*! of Negroes began
to join the Democratic party: The Re
publican leaders determined to put a
stop to it, and formed secret societies
for the puijKjse of Whipping jn the
backsliding n-gfoes. Among these
was the famous “Union Rights Stop”
at Mount Pleasant, qh. thp river, which
caused so much t rouble, and was finally
broken up by the Sheriff, and their
oaths, by-laws and list of members
captured. Their plan of action was to
spot a colored man who was suspected
of Democratic proclivities, then to
serve a notice on him to come to a cer
tain point and take the hath of the
brethren of the Union Rights Stop. If
he did not come, they served a second
notice, then a third with a threat, and
if he still refused, a detachment of the
brethren was sent after him at night,
and he was brought in tied and hand
cuffed. He was then told to sign the
Stop and take • the oath. Usually
terror made him comply, but if
refused lie was put down and
whipped with a bull whip until
he consented to join the league dr
leave the State. In very ‘ obstinate
cases the brethren were in the habit of
adininisteiiug a bull’s dose of several
hundred lashes on the bare back.
When dealing with those who were
hard to convert, active members would
call out “give me the whip, and let me
give him a bull-doze.” From this it
became easy to say “that fellow ought
to be bull-dosed, or bull-dozed,” and
soon bulldoze, bulldozing and bulldoz
ers came to be slang words. After thp
exposure of the Union Rights Stop, the
Republicans of this (State sought to
turn the force of the exposure by ap
plying the term to all sorts of intimida
tion. Hence, when they say that they
mean to exclude the “bull-dozed par
ishes,” it simply means parishes where
intimidation is alleged to have occur
red.
The military force of England, mili
tia, yeomanry, and voluteers included,
is reckoned at 470,766, of which 191,-
834 are regular troops. The navy
numbers 65,000 men. Germany has
1,687,090 troops of all arras and pas
ses, with a naval force of 13,000. The
Austrian army, including all reserves,
numbers 800.000 men, with about 14,-
500 in the navy. Italy had 750J)!90
men in the army, and 10,000 sailors;
Greece 40,000 land forces; Turkey can
muster 310,000 lighting men; Roumania,
58,000; Servia, 117,000, and Montenegro,
23,000.
GUSTA, GA., FRIDAY, NOVEMBER 24, 1876.
Decision of the U. S. Supreme Court in
Augusta Insurance Tax Case.
We publish below the full text of the
opinion of the Supreme Court of the
United States, in the case of the Home
Insurance Company, of New York, vs.
the City Council of Augusta, Ga., and
preface it with a brief account |of
the litigation.
An act of the Legislature of this
State prescribes certain condititions on
compliance [with which any insurance
company may annually obtain authori
ty to do business in Georgia, and un
der this act the Home Insurance Com
pany was authorized by the State to do
business within its borders for the
year 1874. While doing busipess in
Augusta, the Company was called
on by the City Council to pay it for
that year, Ist, a tax of 1 1-3 per cent,
upon its premiums ; and, 2d, a “license
tax” of $250. The Company did not
contest the tax on its premiums but
did object to the “license tax” and filed
its bill in Richmond Superior Court to
enjoin its collection, claiming among
other things, that the agreement with
the State by which it received author
ity to do business in Georgia for 1874,
was a contract between the State and
Company, which entitled the Company
to operate without molestation and
that the ordinance imposing the “li
cense tax,” impaired the obligation of
that contract, and was consequently
in violation of the provision of the
Constitution, which 3ays no State
shall pass any law impairing the obli
gation of contracts, the “license tax”
being aota tax which the city was au
thorized by its charter to impose, but
a license fee, or the price of the city’s
permission that the company might
use and enjoy in the city the right to
do business secured to it by its con
tract with the State. The city contend
ed that the “license tax” was not a li
cense fee, but a tax which the city was
empowered by its charter to impose
and that the ordinance was not uncon
stitutional. Judge Gibson decided in
favor of the city and the Supreme
Court of Georgia sustained his decis
ion, the city being represented in these
proceedings by Hon. Jas. C. O. Black i
and H. Clay Foster, Esq., and Salem j
Dutcher, Esq. appearing for the Com- |
pany.
Tue case was then taken to tho Su
preme Court of the United States, and
finally argued there last month, the city
being represented by Wm. Brown,
Esq., of Kentucky, and tho Company
by Hon. Wm. M. lEvarts, of New York,
and Salem Dutcher, Esq., of this city.
Mr. Brown contended: Ist. That the
agreement between the State and Com
pany was not a contract ; and, secondly,
that a municipal ordinance was not a
law within the meaning of so much of
the Constitution of the United States
as says : “No State shall pass any law
impairing the obligat ion of contracts,”
and consequently there was no Federal
question in the case, and the Court did
not have jurisdiction to hear it. He
further contended that the “license
tax” was uot a license fee, but simply a
tax, which the city was empowered to
impose.
Mr. Dutcher argued: Ist. That
when a State promises a certain au
thority, on compliance with certain
terms, and a company complies with
those terms and receives that author
ity the transaction is a contract be
tween the State and Company within
the meaning of the Constitution; sec
ondly, that the true meaning of the
provision, “No State shall pass any
laws impairing the obligation of cou- :
tracts,”is the Legislative authority of
the State shall not impair the obliga
tion of contracts,” and this, whether
that authority assume its supreme
form, as in framing a State Constitu
tion; or its ordinary form, as in passing
an acF.of the General Assembly
or Its inferior and delegated
form as when a city adopts
a municipal ordinance, such form being
equally forbidden; and, thirdly, that the
“license tax” was not a fax*, but a li
cense fee, and that the ordinance impos
ing it impaired the obligation of the
contract between the State and compa
ny. Mr. Evarts argued that the ordi
nance w*as interference with right of
the company to do business, and that
if one city could make such an inter
ference, every city could, and the State
authorization would necessarily fail to
accomplish the purpose for which it
was given. The decision of the court
we give below, and it will be seen that
it decides in fat or of the company and
agaiust the city on the questions of
constitutional law presented, but in
favor of the city and against the com
pany by holdiug that the “license tax”
is simply a tax, which the city is au
thorized to impose and the company
bound to pay. The opinion is as fol
~g Ayn
SUPREME COURT OF THE UNITED STATES.
iVo. 37. October Term, 1876.
The Home Insurance Company of New
York, Plaintiff in Error, vs. the City
Council of Augusta, Ga.—ln error to
theSupfeme Court of the State of
Georgia.
Mr. Justice Swayne delivered the
opinion of the Court.
Under an act of the Legislature of
Georgia, of tho 19th of March, 1869,
the insurance company procured the
requisite authority to transact, by itself
or agents, the business of insurance for
one year from the Ist of January,
1874, and, at the option of the compa
ny, for sixty days longer.
The company thereupon established
an office and agency in the city of Au
gusta, and thereafter transacted busi
ness at that place. A general law of
the State imposed a tax of one per
cent, upon the gross amount of pre
miums received. An ordinance of the
city imposed a tax of one and a third
per cent, upon such receipts. These
taxes were paid by the company with
out objection. On the sth of January,
1874, the City Council passed an ordi
nance which imposed rurther a license
tax of $250 “on each and every fire,
marine, or accidental insurance com
pany located, having an office, or doimr
business within the city of Augusta/’
The bill was filed to enjoin the collec
tion of this tax. The Superior Court
of Richmond county sustained the
validity of the tax aud dismissed the
bill. The Supreme Court of the State
affirmed the decree. The complainant
thereupon sued out a writ of error and
removed the case to this court.
In the argument here it was insisted
by the defendant in error that this
court has no jurisdiction of the case.
We will first consider this objection.
The bill alleges that, the ordinance im
posing the tax in question is void for
many reasons, and among them that it
is in conflict with the contract clause
of the Constitution of the United States
Where & judgment or decree is
brought to this court by a writ of er
ror to a SJtate court for review, the
case, to warrant the of juris
diction on our part, must come Within
,one of three categories:
(L) Thera must have been drawn in
question a statute of, or authority ex-
ercised under, the United States, and
the decision mu3t have been against
the claim which either was relied upon
to maintain.
(2.) Or there must have been drawn
in question a statute of, or authority
exercised, a state, upon the ground of
repugnance to the Constitution, or a
law or treaty of, the United States,
and the decision must have been in
favor of the validity of the State law or
authority in question.
(3.) Or a right must have been claim
ed under the Constitution, or a treaty,
or law of, or by virtue of a commission
held or authority exercised under the
United States, and the decision must
have been agaiust the light so claimed.
—Rev. Stat., 132, sec. 709; Sevier vs.
Haskell, 14 wall., 15; Weston vs. City
Council of Charleston, 2 Pet., 449; Mc-
Gwyre vs. The Commonwealth, 3 Wall.,
385.
Hero there was drawn in question the
authority exercised by the City Council
under the State in passing the ordi
nance imposing the tax complained of.
The question raised was as to its re
pugnancy to the Constitution of the
United States, and the decision was in
favor of the validity of the authority
so exercised. A right was also claimed
under the Constitution of the United.
The decision was adverse to the claim.
The case is, therefore, within two of the
categories we have stated. The juris
dictional objection cannot be main
tained,
This brings us to the consideration
of the case upon its merits. Whether
the claims which give us jurisdiction
are well founded is the question to be
considered.
The national Constitution (art. 1, sec.
10, clause 1) declares that “no state
shall pass any law impairing the obliga
tion of contracts.”
The act of 1869, before mentioned,
forbids any company to do the busi
ness of insurance in the state without
first obtaining a certificate from the
comptroller-general of the state. Be
fore obtaining such certificate every
compauy is required to furnish a
sworn statement settiag forth certain
specified particulars. Upon being
satisfied of the truth.of the statement
he is required to issue the certificate.
He is entitled to a fee of seven dollars
and a half for examining and tiling
each statement, and a fee of two dol
lars and a half for each certificate. The
fifth section declares that whatever de
posits, taxes, penalties. certificates, or
license fees are exacted from Georgia
companies in any other state shall "be
exacted from the companies of such
state in Georgia. It does not appear
by the record that any Georgia insur
ance eompay was doing business in
New York in the year 1874. This sec
tion, therefore, does not affect the
case in hand. The act contains no
other allusion to the subject of taxa
tion. It does not therefore, circum
scribe in any degree the taxing power
of the state, or of any municipality
within the state clothed with such
authority. It left both in this respect
standing just where they would have
stood if tnis act had not been passed.
It contained no stipulation, express
or implied, that either should be there
by in anywise limited or restrained.
If it were competent for the state to
impose the tax of one per cent, upon
the gross amount premiums received,
would it not have been equally so for
the state to impose a further "tax, the
same v. ith that in question and in the
same way? x\.ud if it were competent
for the city council to impose the tax of
one and a thitd per cent, upon the
Natnfi rec -ipts, why might it not impose
the further burden here in question?
If the state could impose the further
tax, why not the municipality? Is there
any sensible ground of contract pro
hibition upon which the claim of exemp
tion from either can be placed ? This
question must necessarily be answered
in the negative. We find no semblance
of a contract that additional taxes
should be imposed.
In The License Cases, 5 Wall., 462,
the nature of the tax exaction here in
controversy was carefully considered
by this court. There the revenue laws
of the United States required pay
ment in advance to be made for per
mission to carry on the business of
selliug liquor, and of eelling lottery
tickets. It was provided that no
license so granted, of special tax so
lain, should be construed to authorize
any business within a state forbidden
by the laws of such state, or so as to
prevent the. taxation by the state of
the same business.
This court held that the payment re
quired was a special tax, levied in the
manner prescribed; that the penalty
provided was a mode of enforcing its
payment, and that the license when is
sued was only a receipt for the tax. It
was held further, that as regards the
reservation of power in favor of the
states, the result would Lave been the
same if the acts of Congress had been
silent upon the subject. This was
necessarily so, because the objects
taxed b ‘longed to the internal com
merce of the states and were within
their police power, and the right of
Congress and the states to tax was con
current. Congress could, therefore, no
more restrict the power of a state than
the stats oould restrict that of Congress.
What is said there as to license taxes
is applicable to the case before us.
There is no difference iu principle be
tween such a tax and those which have
been paid by the plaintiff in error to
the defendant in error and to the state
without objection.
In the ordinance in question the tax
is designated “a license tax,” but its
payment is not made a condition pre
cedent. to the right to do business. No
special penalty is prescribed for its non
payment, and no second license is re
quired to be taken out. Had the ordi
nance been otherwise in these particu
lars, we have seen, viewing the sub
ject in the light of the “License Tax
Cases,” that the result would have been
the same.
The case in all its aspects was ably
and elaborately examined by the su
preme court of the state. Their con
clusion upon the “federal question”
we have considered is the same with
ours. There being no other such ques
tion raised in the record, our duty Is
thus terminated. We have no authori
ty to look further into the case.
The judgment of the Supreme Court
of the State of Georgia is affirmed.
D. W. Middleton, C. S. C. U. S.
All honor to the Chicago Tribune. It
has spoken timely and wise words. It
has exhibited a patriotism which puts
to shamethe Metropolitan dailies which
have been indulging in low partisan
trickery. It has shown itself worthy
to be the exponent of the best Repub
lican sentiment in the mighty North
west. It has done more. It hag utter
ed words which will do npre to allay
the feverish excitement of the hour,
and to save an imperiled country, than
it is aware. If, now, Hayes would only
speak the same wise words !— Albany
Argus.
THROWING UP THE SPONGE!
THE BOARD OF CANVASSERS DE
FY THE COURT, AND DIE.
An Extraordinary Proceeding—Secret
Session of the Boar d—The Election
Declared, and Laurens and Edgefield
Thrown Out—A Chance for the Ro
mans on the Bench.
(Special Dispatch to the News and Courier
Columbia, November 22.—Immedi
ately after the adjournment of the Su
preme Court, to-day, it was reported
that the board of State panvassers had
undertaken, in flagrant defiance of the
Supreme Court, to throw out the votes
of certain counties, and declare the re
sult of tlie late election. The report
proved to be true, and I imme
diately sought an interview with Judge
Willard, of the Supreme Court, for the
purpose of obtaining his views relative
thereto. I found him at his residence,
and made my purpose known. He de
clined to express himself fully, on ac
count of his responsible and peculiar
position; but, in the course or conver
sation, expressed himself in the follow
ing significant words : “If that action
of the board was done after the judg
ment of the Supreme Court, it was a
most utter disregard of the authority
of the Court. No action taken by those
executive officers can defeat the ends
of justice involved in the two cases be
fore the Court.”
As the order of the Court was issued
at 11 o’clock at the latest, and the sub
joined minutes of the board show its
action to have been consummated at
about 12 o'clock or later, the relation of
the two circumstances and the full
force of Judge Willard’s remark iu re
lation to the question of time, as be
tween the two, will fully appear.
After parting with Judge IViilaid, I
also saw Senator Gordon and request
ed bis views on the subject, and as to
the probable length of his stay here. In
reply, he expressed himself emphati
eally as determined to see the contest
ended. He says the questiou now is,
whether the Supreme Court of South
Carolina can enforce its own mandates,
or whether the State Board of Canvas
sers can take the law into its own
hands in utter disregard of the highest
Court of the State. The fight, he said,
is now between the Supreme Court and
the State Board of Canvassers, and he
reposes with confidence on tne issue.
He is sure that the American ; people
will not countenance a revolutionary
proceeding, and he is also confident
that the Supreme Court will not permit
itself to be defied by such a set of des
peradoes. What they tried to do in
Louisiana was by the judgment of the
Court, and that startled the whole
country, but this Board is independent
of the Court. He ha-s no apprehension
but that justice wifi be done by this
Court.
The Board of State Canvassers met,
It appears, while the Supreme Court
was also sitting. In consequence of
this correspondence neither the Demo
cratic counsel nor any other persons
were present at auy time during the
proceedings. Its action was moreover
entirely unexpected, and the fact
of the session having been hold was
not known until after the Supreme
Court adjourned, or about 3 o’clock.
The time of its session will be particu
larly noted in connection with Judge
Willard’s remarks.
The following is an exact copy of the
minutes:
Wednesday, November 22,1876.
The Board met at 10 a. m., all the
members being present. The Secre
tary of Stats offered tffe following res
olution, which was unanimously adopt
ed :
Resolved, by the Board of State Can
vassers, That the vote east for T. C.
Dunn as Comptroller General, and
John B. Tolbert as Superintendent of
Education, be counted for T. C. Dunn
and ,1. It. Tolbert, respectively, for the
said offices of Comptroller and Super
intendent of Education.
The following certilicates and de
termination of the Board were submit
ted and adopted: [Here follow the
certificates as to the Presidential Elec
tors, and State. Congressional, Circuit
and county officers.]
On the question as to whether the
, statement of the county canvassers of
j Laurens county should be included in
the statement and determination of the
board, the vote was as follows : Those
voting in the negative were the Comp
troller General (Duun), the Adjutant
and Inspector General (Purvis) and the
State Treasurer (Cardozo). Those vot
ing in the affirmative were the Secre
tary of State (Hayne) and the Attorney
General (Stone).
On the same question as to Edgefield
I county the vote was as follows : Those
I voting in the negative were the Comp
! troller General (Dunn) and the Adju
i tant and Inspector General and State
i Treasurer ; iu the affirmative, the Sec
| retary of State.
The Secretary of State submitted the
following, and asked that it bo entered
on the minutes :
I vote “yes” on the question of in
cluding Edgefield and Laurens coun
ties iu the certificates and determina
tion of the Board, for the reason that
the testimony before the Board as to
irregularities in the election in those
counties is entirely ex parte.
H. E. Hayne,
Secretary of State.
On motion of the Attorney-General,
the Board adjourned sine die. Hour
12:48 p. m.
I certify that the foregoing is a true
and correct copy of the minutes of the
Board of State Canvassers of Wednes
day, November 22.
Henry B. Johnson, Clerk of Board.
C. McK.
An Interview with Governor Cham
berlain—An Opinion as is an Opin
ion—No Special Desire to be Gov
ernor The Defeated Candidate
Deems the Election “A Fraud and a
Farce.”
(Special Dispatch to the News and Courier.)
Columbia, November 22.—The cor
respondent of the News and Courier
called on Governor Chamberlain this
afternoon for the purpose of obtaining
from him an expression of his views
upon the action of the State Board of
Canvassers. The following is the sub
stance of the conversation which en
sued:
Correspondent—Governor, do you
know that the Board of Canvassers
have adjourned sine die?”
Governor—So I understand from
Gen. Ruger.
Correspondent—Do you think they
had the right to do so ?
Governor—l have not formed any
opinion on the subject. They have
had legal advisers constantly for the
last ten days, and I suppose have had
their opinions. • *
Correspondent—Have you no opinion
of your own ?
Governor—An opinion, to beau opin-
ion, must rest upon facts, and the law;
and lam not familiar with either. If
the Board has adjourned sine die, the
question is, whether it can be recon
vened; and if the ten days has expired,
whether they can do any further acts;
but I have not examined the question.
The responsibility of their actions has
not been mine, and I have not studied
the question. Messrs. Akerman, Cor
bin and Elliott have been their counsel
for the last ten days.
Correspondent—“Do you apprehend,
as the effect of this, that there may be
two Legislatures?”
Governor—“ Any answer I might give
would be pure speculation. I have no
reasons of forming an opinion.”
Correspondent—“Do you know what
was the object of the board in adjourn
ing?”
Governor—“l only suppose their time
had expired.”
Correspondent—“ What do you think
of the outlook?”
Governor—l don’t know what the sit
uation involves now. I have had a lit
tle lull since the election. The chief
responsibility rests upon the canvass
ers, not upon me. I should like to see
the thing settled, one way or the other.
I have no special desire to be Governor
of this State; but having been the can
didate of a party, l must do my duty,
in that capacity, whatever it is. One
thing I don’t understand in the situa
tion here is that there should be such
an envenomed spirit show 7 n in connec
tion with my election. They seem to
look upon me as a man who has com
mitted a crime. I believe the election
in this State is a fraud and a farce, and
that we have been cheated out of it.
The conversation took a wider range,
and your correspondent soon took his
leave. The Governor looks more care
worn and depressed than I have ever
seen him.
General Bradley JohnsoD, of Virgin
ia, arrived here to-day. C. McK.
Reticence of I)nuu and Hayne—Did Not
the Counsel of the Board Play the
Fool with the Court?—A Freak of
Judge Bond.
(Special Dispatch to the News and Courier)
Columwa, November 23 —1 p. in.—l
sought an interview with Comptroller
Dunn and Secretary Hayne this after
noon, at different times, but obtained
nothing of consequence from either re
lative to the action of the board, be
yond what has already been sent. Mr.
Hayne said, however, that the board
had acted under the advice of their
counsel; and this is of interest, in con
nection with the fact that the counsel
appeared in court after the recess, and
permitted the proceedings to go on,
upon the presumption that the board
was still in session—well knowing, the
while, that they had adjourned sine die
an hour before.
It is asserted here that the counsel
were acting under orders from Wash
ington to delay the court as much as
possible, Judge Boud beiug understood
to be the medium of communication,
if it was not more direct. The spirit
which animates the last named gentle
man was well evinced in an incident to
night. He has been registered at
the Columbia Hotel, while really
spending most of his time at Gov.
Chamberlain’s. To-night he came out
of the hotel, and, as he entered a car
riage at the door, someone on the
pavement shouted, “Hurrah for Hamp
ton !” He at once re-entered the hotel,
demanded his bill, and left the house,
saying he did not propose to remain
where he was so grossly insulted.
It is rumored here that one or more
members of the Returning Board left
to-night for Washington. At this late
hour it is impossible to ascertain the
correctness of the report. C. McK.
1 COMMUNICATED.]
To the Editor of the Constitutionalist:
Is it not true that both the Inde
pendent candidates for Mayor have at
tended negro meetings and addressed
the negroes soliciting their support?
Is it not true that the man who gets
the negro vote will be elected ?
Is there any truth in the rumor that
the negroes intend running a candidate
for Council in the Fourth Ward?
Suppose the rumor turns out to be a
fact, will either Mr. Meyer or Mr. May
have any objection to a negro voting
for another negro for Council so long
as he votes the right ticket for Mayor?
Iu short, Mr. Editor, who is running
this town, the negroes or the white peo
ple?
Can’t we have a white man’s candi
date for Mayor ?
How would Dr. Thomas B. Phinizy
do for a white man’s Democratic cau
date ?
Would the white men elect him over
any other candidates who are relying
for succor upon negro votes ?
A Democrat.
GARRISONING WASHINGTON.
One Thousand Colored Men Enlisted
at Baltimore—Troops from the West.
[Special Despatch to the World. 1
Baltimore, November 20.— Twelve
hundred terns passed through this city
to-night Trom Philadelphia consigned
to Washington. The quartermasters
here have been very active the past
week, and within ten dnvs the
recruiting officers have enlisted 1,000
colored men, who were shipped in
companies to different points. Two
batteries have been ordered from
Fort McHenry to Washington.—
There is a mobilization of troops from
the West at the capital. The third
train of troops within twenty-four
hours from Texas. Terre Haute. Ind„
and other points via the Fort Wayne
liailroad to Pittsburg, via Northern
Central to Baltimore and via Balti
more and Potomac to Washington,
will pass through the Union Depot at
3 o’clock to-morrow morning. Rail
road dispatches announce that the
train consists of eight cars, and ar
rangements have been made to have
the traiu go through to Washington
without stopping.
FABLE.
The Unwary Politician.
Asa distinguished politician, in com
pany with several other Republicans
and sinners, was leaving a United
States Revenue cutter after “fixing” a
canvass, the returning board on which
he stepped flew up and gave him a
blow where he had often received
blows before in his school-boy days.
Moral—A loose returning board is
apt to bring trouble iu the rear.—A T eu>
Fork World.
There are rumors afloat that certain
shlp-buiiders in New York and New
England are getting ready for possible
war between England and Rnssia; that
as soon as war is declared a number of
privateers will issue from the Atlantic
ports. It is believed that letters-of
marque are ready to be signed in the
event of war.
SIX DOLLARS A YEAR
THE EAST INDIAN HORROR.
Islands Submerged by the Storm-
Wave—Fearful Destruction of Lif®
and Property—Over 300,000 People
Perish.
London, November 20.—A dispatch
to the Times, from Calcutta, says thr.*e
large islands, namely, Hattiah, Sun
deep and Dakhin Shahabazapore, ami
numerous smaller islands included in
the Backerguage, Nookholly and Chit
tagong districts were entirely submerg
ed by the storm-wave of October 31, :>a
was also the main land for five or six
miles inland. These islands are all
situated in or near the estuary 7 of the
river Meena. The largest, Dakhin
Shahabazpore, was 8,000 square miles
in extent. It had a population of about
240,000. Hattiah and Sundeep togeth
er had about 100,000 population. I' p
to 11 o’clock on the night of the 31.-1
there were no signs of daLger, but be
fore midnight a wave swept over tb
country to a depth, in many places, c f
twenty feet, surprising people in thei c
beds. Dense groves of cocoanut an 1
palm trees around the villages enable t
many to save themselves by climbin g
among the branches, and some took
refuge on the roofs of their houses, but
the water burst the houses asunder
and swept them out to sea. Some wer
carried thus across the channel ten
miles to the Chittagong district, but a
vast majority was never heard oi
again. The country is perfectly flat,
and every one perished who failed to
reach the trees. There is scarcely a
household in the island and on the ad
jacent coast but what lost many mem
bers. The cattle were all drowned. Tha
boats are swept away and means of com
munication with other districts are de
stroyed. There is much distreea
among the survivors, which the gov
ernment is relieving. The government
Gazette says wherever the storm-wave
passed it is believed not a third of tho
population survived. The islands have
barely one-fourth of their former in
habitants. The stench from the putri
fying bodies is insufferable, and a gen
eral outbreak of ouolera is hourly ex
pected. The Times correspondent say<
this fear is, happily, not yet realized,
except in Nookholly, where the disease
has appeared. News from the famine
threatened districts of Madras is some
what better. Rain has come in time to
do some good. In Bombay the pros
pects are still gloomy 7 . Actual famine
in two or three districts seems proba
ble, and great distress in four or fivu
more.
How to Get Along.
Don’t stop to tell stories in business
hours.
If you have a place of business, bo
found there when wanted.
No man can get rich by sitting
around the stores and saloons.
Never fool in business matters.
Have order, system, regularity an 1
also promptness.
Do not meddle with business yo i
know nothing of.
Do not kick every stone in your
path.
More miles can be made in one day
by going steadily than by stopping.
Pay as you go.
A man of honor respects his word ai
he does his bond.
Help others when you can, but neve
give what you cannot aff ird because i;
is fashionable.
Learn to say no. No necessity of
snapping it out dog fashion, but say it
firmly and respectfully.
Use your own brains rather tha r
those of others.
Learn to think for yourself.
Keep ahead rather than behind tha
times.
Fooling a Fruiter.— A staid-looking
gentleman, apparently a strange-,
stopped at an apple stand:
“What is the price of oranges ?” he
asked, pointing to a collection of large
pears.
“Dees ees not de horange,” said the
polite vender. “Dees ees de California
paire. One for twenty-!!’ cent.”
“You don’t mean to tell me,” said the
stranger, putting his hand upon an
apple, “that this is a pear ?”
“Pardon! no! I say dees ees de
paire. Dees is de appel. Tree for de
ten cent.”
“Well, I must say,” continued the
stranger, picking up a handful of chest
nuts and examining them critically,
“that these are the queerest apples L
ever saw.”
“Oh, mon Dieu! no! Dem ees de
cheseynut what grow in your owu
countree. Yotyoasttheem en de fire.’*
“Roast them m the fire! Well, upon
my word, fingering a bunch of banauas
curiously; “I don’t see how such chest
nuts as these can be improved by roast
ing. They seem to be soft enough now.
However, lam much obliged. I’ll se<
you later. Good day;” and the stranger
passed up the street.
“Gentlemen,” said the fruit dealer,
turning in an appealing manner to the
crowd that had gathered, “dat man is
one escaped fool fremde penitentiary.”
—Atlanta Constitution.
An Italian kidnapper, whose busi
ness was confined to stealing girls for
exportation, mainly to England, died,
recently, leaving a fortune of SIOO -
000.
Norwich Bulletin: A Norwich man
has invented a machine which will turn
out fifty broom handles a minute. I;
will be patented under the name of a
“discouragement to matrimony.”
More than eight millions or admis
sions to the Centennial were paid for
while nearly eighteen hundred thous
and dead-heads found their way into
the show. The cash receipts were non
far short of four millions of dollars.
It is noticeable that the Associated
Press dispatches from the East always
quote at length the lying telegrams
from the South to the New York Times
a leading organ of the militeiy and re
volutionary party of which Grant is
the head centre.— Courier Journal.
A bickering pair of Quakers were
lately hearrl in high conuroversv, the
husband exclaimiug, “I am determined
to have one quiet week with thee!”
“But how will thou be able to get it 9 ”
said the taunting spouse. “I will keep
thee a week after thou art dead,” was
the Quaker's rejoinder.
Mrs. Edwards, of San Francisco,
the first female shot in the country,
uses a Sharp’s Creedmoor rifle, and at
a thousand yards makes a handsome
score. She has adopted the Fulton or
lying down position, which we imagine
is terribly inconvenient, particularly if
Mrs. Edwards wears a very large bus
tie.
A highland minister who found his
congregation going to sleep one Sun
day before he had fair\y commenced,
suddenly stopped and exclaimed:
“Brethren, its nae fair; gie a mon half
a chance. \sPait till I get along, and
then if nae worth listening to, gang
to sleep; but dout go before I get com
menced; gie a mon a chance.”