BANKS COUNTY -JOURNAL.
mis mmn sins.
JUDGE SIMONTON RENDERS AX
DISPENSARIES MAY BE CLOSED.
The Decision Admits Original I’n^kngea
111 the Stale ami Maltes Dans;nous
Conijietition a Possibility.
Iu the United States circuit court at
Charleston, S. C., Monday morning
Judge Simonton handed down his de
cision in what was widely known as
the Yandercook case, a case which iu
volved the validity of many provisions
of the South Carolina dispensary law.
The decision created a sensation
■when it was learned that the court had
declared certain provisions of the law
iu conflict with the interstate com
merce regulations of congress, and
that consequently it might result in
the total downfall of South Carolina’s
monopoly of the whiskey business
within her borders.
In a syllabus prefixed to the full text
of the decision, Judge Simonton says:
Any state may, in the exercise of the
police power, declare that the manufacture,
sale barter and exeliango or the use as a
beverage of alcoholic liquors are public
evils, and having thus declared, can forbid
such manufacture, sale, barter and exchange
or use within her territory,
“lint when a state recognizes nd npprovos
the manufacture, sale, barter and exchange
and the use ns a beverage of alcoholic
liquors, and the state itself encourages the
manufacture, engages in the sale and pro
vides for the consumption of all alcoholic
liquors as a beverage, und so precludes the
idea that such manufacture, sale, barter,
exchange or use, are injurious to the public
welfare, it is not a lawful exercise of the
police power to forbid tho importation of
such liquors or their sale in original pack
ages for personal use and consumption.
“Such prohibition, under such circum
stances, is iu conflict witli the laws of
interstate and foreign commerce.
“The dispensary act of 1896, as amended
by the act of 1897, inasmuch as they approve
the purchase and manufacture of alcoholic
liquors for the state and provided for the sale
of such alcoholic liquors as a beverage, in
aid of the finances of the stale, in so far as
they forbid the importation of alcoholic
liquors in original packages for such use in
this state, are in conflict with the laws of
interstate and foreign commeroc, and are,
therefore, to that extent void.”
The court then goes into a lengthy
discussion of the facts and the law of
The Newn In Columbia.
A Columbia special says: Another
sun may not set on the South Carolina
Governor Ellerbe said several days
ago that if Tudge Simonton decided
against the state in this case he saw no
alternative but to close down the dis
The governor has not made a defi
nite statement, saying he must consult
with the attorney general.
The governor said he was astonished
at the decision, hut was prepared for
its sweeping scope. It is clear that
the dispensary cannot he operated at
a profit under existing conditions, and
the state authorities do not hope for a
r reversal of Judge Simonton should
they appeal. From talking with
the members of the board of
control but two moves seem probable,
either the dispensary will be closed
down or an extra session of (he legis
lature will be called to take what ac
tion seems advisable on prohibition or
high license as allowed in the new
constitution. It is claimed that should
the dispensary bo closed by the gov
ernor prohibition would result,because
this decision annuls all of the law ex
cept the first section, which prohibits
the sale or manufacture of liquor in
this state. The state has in the sev
eral dispensaries about $350,000 worth
of liquor, which it will find difficult to
NEXT'MEETIXG IX MACOX.
Southern firorcri Select That City For
The Southern .Wholesale Grocers’
Association will meet next year in
Macon. This was decided on at the
Nashville meeting. The convention
metis next May.
DECIDED AGAINST DURRAXT.
Gorernorof California Says Doomed 3lan
A special from San Francisco says:
Theodore Durrant’s fate has again
been sealed. Governor Budd has an
nounced his decision that the con
demned man must he executed June
When Mr. and Mrs. Durraut receiv
ed the news of Governor Budd’s de
cision they expressed themselves as
greatly disappointed, hut took tho
news quietly and without anger or
Durrant’s attorney states that there
is yet an appeal pending before the
ANOTHER (ROSSI.NO HORROR.
Engine Crashes Into a Tally-Ho ami
Kill* Flvo People.
Five young people were killed and
a number of ethers injured in an acci
dent which occurred Monday afternoon
nt Valley Stream, Long Island.
A tally-ho with a party of twenty
one excursionists from the Green Ave
nue Enptist church, Brooklyn, started
out for a day’s outing through Long
Island, was struck by a train nu tho
Long Island railroad at the Merrick
boulevard crossing and these were in
George F. l’ashley, jr; William Gil
christ; V/iuslow Lewis; Lester E. Rob
erts, Miss Dora Burtsch; all of Brook
The injured are: Emma Bruge,skull
fractured; Clara Stuart, skull fractur
ed; Mrs. Andrews, both legs broken;
Lawrence Barnes, scalp wound; Wal
ter Welbrock, both thighs fractured;
John Lewis, bruises; Edward McCor
mick, driver of tho coach, badly in
jured; Earl Barnes, slightly injured;
Miss Pashley, back broken; Tillie
Horne, severe shock; Edna Bulmer,
severe shock; Richard Bates, scalp
wound; Bessie Gibson, scalp wound;
Miss Debetts, leg broken and head
injured; Miss Bay Stilman, badly in
• Some of the dead were frightfully
mangled. The body of Lester E.
Roberts was ground to pieces. The
body of Miss Burtsch was also badly
Winslow Lewis bad his neck broken,
both legs were broken, bis head was
badly gashed and he was severely cut
about the body.
The crash came almost without warn
ing and the occupants of the conch
had no time to make any effort to es
The train that struck the tally-ho
was bound east from Mineola. It was
not running fast when the accident
happened, and accounts differ as to
whether the whistle was blown.
INDIANS OX WAR PATH.
Report That a Dozen Men Have Keen
M ordered l>.v Cheyennes.
Advices from Helena, Mont., state
that the Cheyenne Indians have gone
on the warpath and are said to have
already killed a dozen men, including
live United States soldiers.
These Indians have no reservation
of their own, but roam over the sout'i
ern part of the state, near the Crow
reservation, making the Lame Deer
agency their headquarters.
A white man named Hoover was re
cently’ shot while herding sheep near
there, and it was charged that the
Cheyennes did it. This so incensed
the stockmen that they armed them
selves and declared they would fight
to protect their homes, help and stock.
The companies of colored cavalry
from Custer were ordered to the agen
cy’. Later a courier arrived from the
agency with information that George
Walters, the postmaster, and Lou Al
derson, a stockman, hail been shot
and killed and that the Indians had
fired into the cavalry aiul killed five
and had 60 armed cowboys surround
ed. The cavalry from Fort Keogh and
Company E, of the infantry, left at
once for the scene.
There are certainly grounds for fear.
The Chey’ennes are determined and
they are being reinforced by renegade
Crows. The ranchmen and stockmen
have organized and demand the Indi
ans who killed Hoover.
EARTHQUAKE SHOCKS GENERAL.
The Vibrations Felt at Many Points
Throughout tho South.
Earthquake shocks were felt Mon
day in many sections of the country.
A shock was felt at Washington at one
minute of 2 o’clock in the afternoon.
It lasted about forty seconds and
caused chandeliers to sway and Hoois
to tremble perceptibly.
It was noticed in the capitol, in the
telephone exchange and several other
high buildings. In the Associated
Press office, iii The Post building, the
vibrations were felt very distinctly.
The weather bureau and naval ob
servatory, which have recording in
struments, were closed on acconnt of
Decoration Day, hut a watchman at
the naval observatoty said that the
shock lasted one minute and the move
ment was from the south to the north.
The self-recording instrument at the
weather bureau shows that the dis
turbance began at 1:581 and lasted
five minutes. The movement was
from south to north.
HOWARD MANN THE VICTOR.
Louinvllle Horse Wins the Brooklyn Han
dicap at Gravesend.
At the Gravesend, N. Y., race track
Monday afternoon the Brooklyn hand
icap, the most interesting event on the
American turf, was run.
Howard Mann, a Louisville horse,
and by no means a favorite, came in
first, the finish furnishing, perhaps,
the greatest turf surprise in late years.
Lake Shore was second and Volley
third. The time was 2:09 3-4.
The Brooklyn handicap is a stake of
$10,000; for three-yenr-olds and up
wards; $250 each, half forfeit, or SSO
if deolarod by February 20; to the
winner $8,000; to the second $1,500,
and to the third SSOO.
HOMER, GA.. SATURDAY, JUNE 5. 1897.
THE ALABAMA SENATOR ATTACKS
SPEAKER REED’S METHODS.
SAYS THEY ARE UNCONSTITUTIONAL
A Point of Order Raises Morgan’s It'O
And He Proceeds to Create Con
Senator Morgan raised the question
of the legality of the sessions of the
house in the enate Saturday afternoon
by declaring it to bo his opinion to tho
contrary. Senator Morgan is a very
able lawyer whose opinion on legal
matters carries great weight, and a
very able legislator than whom no man
knows more about parliamentary laws.
He believes that the house of repre
sentatives is not legally iu session and
that it follows necessarily that congress
is not legally in session.
Iu the course of a discussion of ad
journment over decoration day he took
occasion to pay his respects in vigor
ous language to Speaker Reed.
Hale, of Maine, raised a question of
order, making the point that it was
not in order to criticise a co-ordinate
branch of congress. Senator Gallin
ger was in the chair and sustained the
When Morgan rose to appeal, Mr.
Hale withdrew his point.
This gave the Alabama senator un
disputed right to the floor, and he
went ahead with his criticism of
Speaker Reed’s methods, culminating
in the declaration that congress is not
legally in session.
The rule which the house majority
adopted and which provides threa day
adjournments whether they have a
quorum present or not, is the ground
for Morgan’s attack.
The rule is believed to be iu the
very teeth of constitutional provision,
which is that less than a quorum of
either legislative body can adjourn
from day to day.
This resolution Morgan calls an ‘ ‘au
tomatic trap door resolution for ad
journment.” He goes so far as to
maintain that the house is not in ses
sion legally, hence all legislation put
through this congress would be uncon
The Alabama senator will be heard
from at length in support of his posi
tion at some future time.
SULTAN FEARS ISLAM.
Fanaticism Acts as n Harrier to Peao©
Advices of Saturday from Loudon
state that the negotiations at Constan
tinople have entered upon the anxious
stage owing to doubts as to the real
intention of the sultan whether ho
means to resume the war or not.
A spirit of conciliation is shown at
the Yildiz Kiosk toward the ambassa
dors, but the Turkish government is
playing a double game and is inciting
public opinion secretly to oppose the
abandonment of Thessaly.
The sultan affects to be greatly
afraid of the Islamic party and the
attitude of the grand vizier, as shown
by the report which he presented to
the sultan urging that the whole of
Islam was fully determined to retain
Thessaly and tendering his resigna
tion in case Abdul Hamid differed
with these views, has strengthened
tho suspicion that the sultan is pre
pared to plead that Islamic pressure
is the reason for not yielding to the
CONDEMED COUNCIL’S ACTION.
Citizens of Atlanta Hold a Mass Meeting
and Express Their Views.
A mass meeting was held at Atlanta
Saturday night for the purpose of tak
ing action on tire abolishment of the
old board of education by tho city coun
cil. Besolutions were adopted declar
ing that the action of the council was
illegal, revolutionary, without cause
and without warrant of authority, and
was an usurpation of power, and is
despotic and dangerous ih the extreme,
in that it throws the public school
system into politics, and makes it a
prey to political heelers at every elec
tion, and threatening an upheavel in
the board of education as a result.
HARD ON IRISH MEMBERS.
They Are Driven From House of Common.
Fur Expressing Their Opinions.
John E, Redmond, the Parnellite
leader, was suspended in the commons
at London Saturday, owing to his per
sisting in an irregular discussion of
the financial relations between Great
Britain and Ireland,
John J. Clancy, member for the
north division of Dublin county; Will
iam Kedmond, member for West Clare
and William Field, member for the
St, Patrick’s division of Dublin, for
similar conduot, were removed from
the house by the sergeant-at-arms.
Mr. Clancy first opposed the harbor
•vote, declaring Ireland is overtaxed to
maintain English establishments.
CHILDREN HURLED TO DEATH.
Locomotive Crashes Into IVajjon T.oncteil
With the Little Innocents.
A special from Denver, Col., says:
At 8 o’clock Sunday evening a spring
wagon driven by Henry Marsau, o car
penter, and containing eight children,
ranging in age from three to nine
years, was struck by a specinl train on
the Denver and Rio Grande railroad
and as a result four of the children
are dead aud the others are terribly in
jured, two so badly that they will die.
Marsau with his three children had
been spending the day at the home of
a friend in the southern portion of the
city. When ready to start for home he
took a load of children up in the neigh
borhood for a short ride.
It is claimed by the police that Mar
sau was intoxicated and paid no atten
tion to the signals of the engineer, but
drove upon the track while the train
was in plain sight and but a few feet
away. Tho engine struck the wagon,
demolishing it and crushing and mang
ling the children iu a horrible mariner.
The dead are:
Elsie Marsau, aged three; Otto
Schoneweiss, aged five; George Baker,
aged five; Etta Speaker, aged ume.
The fatally injured: Alfred Marsau,
aged seven, badly mangled; Will Ba
ker, crushed and internally injured,
badly but not fatally; Emily Marsau,
aged five, leg broken; Bertha Schone
weiss, badly bruised. Henry Marsau,
the driver, sustained a severe scalp
THE RUIZ REPORT
Said to Have Been Sent the State Depart
meat by Secret Messenger.
A special from Havana says: The
commission conducting the inquiry into
the circumstances surrounding the
death of Dr. Ruiz has closed its labors.
A mysterious messenger from Wash
ington came from Tampa on the steamer
Maseotte Saturday morning, but did
not land. Mr. Fishback, secretary of
the commission, accompanied by Con
sul General Lee’s son, went on board
the steamer before she sailed and held
a brief consultation with the stranger,
and it is supposed they delivered to
him the report of the commission and
other highly important dispatches
from Consul General Lee and Mr.
Calhoun, who was selected to investi
gate Dr. Ruiz’s death, to be conveyed
to the state department at Washington.
The messenger was registered upon
the Maseotte’s inward passenger list
as 11. W. Kimball and the same name
appeared on the steamer’s outward
Dr. Joseph Congosto, the Spanish
consul at Philadelphia, who represent
ed the Spanish government in the in
quiry, is also said to have forwarded a
long report to Scnor de Lome, Spanish
minister at Washington, by Saturday’s
Messrs. Calhoun,Fishback aud Con
gosto will leave iu a few days for New
SNOW STORM IN NORTHWEST.
Points in Michigan and AVisuonHin Expe
rience Cold AVeatlier.
Many points in Michigan and Wis
consin experienced the novelty of Dec
oration Day snowstorms Monday.
At Menominee, Mich., it snowed at
frequent intervals all day Sunday, at
times quite hard.
At Bayfield, Wis., sufficient snow fell
Saturday night to cover the ground
and the thermometer dropped to 30.
At Oshkosh snow fell Sunday morn
ing and at noon the thermometer reg
istered the lowest that it has for many
years nt this season.
WAR MATERIAL RIDS.
The Tredegar Company of lticlunond,
Gets the Contract.
The ordnance department of the
army has just opened bids for supply
ing about 1,904 east iron projectiles
for sea coast and seige ear n >ns, the
lowest bidders in each class being the
Tredegar company of Richmond, Va ,
at these rates: 500 seven-inch 125
eight-inch 300 pound seacoast shells,
$7.90 each; 300 ten-inch 575 pound
seacoast shots at $13.50 each; 300
twelve-inch 1000 pound seacoast shots
at sl9 each, and 004 twelve-inch 800
pound mortar shells at $22 each.
Danker Gets Five Years.
In the criminal court at Lebanon,
Tenn., Saturday, W. E. Hale was
found guilty of unlawfully receiving
deposits and his sentence was fixed at
five years in the penitentiary. Hale
was cashier of the Bank of Watertown,
which failed about a year ago.
SO MIXOR POSTHASTERS.
Department Shows Its Policy Toward
Appointment of “Children.”
The policy of the postoffice depart
ment as to the appointment of minors •
in postoffices has been definitely fixed, !
and they will be debarred from chief j
clerkships and deputy postmasterships i
except a few of the third-class offices •
where circumstances- urge their pecu
Even then they will not be allowed to
become acting postmasters on account
of the legal declaration that contracts
made by minors are voidable.
This effectually bars them from be
ing even temporary postmasters, so
far as the assumption of the real re
sponsibility of that office is concerned.
STUDENTS AND MILIIIAFI6HT
SOUTH CAROLINA COLLEGE CAM
MJS THE SCENE OF A RIOT.
BROKEN SKULLS AND BLOODY MUGS
Afllltla AA'antcrl to Drill and Students
AVnuted to Flay Ball On Same
Grounds at Same Time.
A special from Columbia, S. C., says:
; South Carolina college students, police
: and militia came together Friday af
Columbia companies had permission
to use the college green for annual in
spection on Wednesday evening.
They postponed the inspection until
Friday but did not get a renewal of
The college men had arranged a
game of ball for the day and held the
grounds. Two companies of the Pal
metto regiment, under Colonel Jones,
aud accompanied by Adjutant General
Watts and staff, came on for annual
The parties did not interfere till the
: troops were marching off the field,
when they attempted to cut across the
diamond. A hundred students blocked
the way. General Watts ordered them
to move, but they stood firm. Then
he suggested to Colonel Jones to
charge with a squad. The color
guard charged and the students
knocked the colors down.
Several students were clubbed and
the soldiers attempted no further in
terference. The town is greatly stirred
over the incident.
The students and townspeople blame
Adjutant General Watts for precipitat
ing the riot. He first backed his
horse in among the hoys, and when
they closed around him, called in a
“I will have these grounds cleared;
Colonel Jones, advance your battal
Watts is a very young mau aud what
might have been obeyed in an older
officer, even when the right of posses
sion was on their side, was resented
by the students.
When the companies advanced, the
color guard in front, a student, with a
baseball bat waving, ran down their
front. He was seized by policemen
and these were immediately rushed
upon by a body of students. Bats aud
clubs rattled for a moment, then the
policeman used his club.
Professor Davis ran in with out
stretched arms, imploring peace, and
it now develops that a policeman,
blinded with a blow, struck him in the
forehead. This further infuriated the
students, who heat down the officers.
The militia in the meantime seemed
paralyzed. They took no part, and
for their non-action the police are in
The president, Dr. James Woodrow,
of evolution fame, immediately sum
moned the students together, and,
standing on his steps, made a speech,
imploring them to go no further.
Their rights iu the premises were not
questioned by the president, and he
said there was no question of their
courage to maintain them, but if an
attempt was made to arrest them he
begged tliat they submit quietly.
I). D. McCall, one of the most se
riously injured of the students, will
probably die. His skull is crushed.
Policeman McDowell is also in a
Professor Davis is receiving medical
attention, but is not dangerously hurt.
The friends of the college fear that
although the students may have been
in the right, the affair will give its op
ponents in the legislature an excuse to
cut off state aid, and so close the in
Tlllman’fi Charges In lCelatiou to Sugar
Trust May Be Looked Into.
Senator Jones, of Nevada, chairman
of the committee on contingent ex
penses of the senate, has not yet call
ed a meeting of his committee for the
purpose of considering the Tillman
resolution making sensational charges
in relation to the sugar schedule of the
It is believed to be probable that the
resolution will be reported back to the
senate and the senate will order an in
SEARLES CASE NOT DECIDED.
Defendant's Attorney Make Motion For
A Washington special says: The trial
of John E. Searles, secretary of the
American Sugar Refining Company,
Friday followed that of President
Havemeyer, who was acquitted Thurs
day by order of Judge Bradley.
The government presented its case
very briefly, whereupon the defense,
following the tactics pursued in the
Havemeyer case, moved that the judge
order an acquittal.
The motion was argued at length by
the counsel on both sides, after which
the court adjourned until Tuesday,
when Judge Bradley delivers ruling.
ABOLISHED EDUCATIONAL HOARD.
Atlanta, Ga., City Fathers Create a Mena
tion ut a Council Meeting.
The city council of Atlanta, Ga.,
sprung a sensational coup Friday by
abolishing the old city hoard of edu
cation, consisting of seventeen mem
bers—-with one exception.
Anew board, with only one single
member of the old organization was
then elected to administer the affairs
of the public schools.
This action, the most astounding
sensation that has developed in city
affairs iu many years, was taken at a
special meeting of the council Friday
afternoon, for the ostensible purpose of
passing on a plumbing ordinance.
The real purpose of the action
taken, as it appears to disinterested
onlookers, was that the mayor aud
general council thought the old board
of education was organized on a wrong
principle, and took the foregoing meth
od of bringing about a change.
TILLMAN AFTER SUGAR TRUST.
South Carolina Senator Makes a Sensa
tional Speech in the Senate.
Mr. Tillman, of South Carolina of
fered a resolution in the senate Friday
making sensational charges in relation
to the sugar schedule of the tariff bill
and asking for an investigation of the
mysterious methods employed by the
sugar trust iu its control of tariff leg
Senator Tillman made a speech
which was no less dramatic iu its de
livery than sensational in its allega
He preceded it by presenting a reso
lution for the appointment of a special
committee of five senators to investi
gate charges of speculation by senators
while the tariff bill was before the
finance committee. In advocating the
resolution Mr. Tillman threw aside
the usual conventionalities of the sen
ate and with a plainness of speech sel
dom heard about the halls of congress
called on his associates to investigate
the published charges of senatorial
speculation, and if they were found to
be true, to purge the senate of those
who debauched it.
The senator had published articles
read from the desk stating that sena
tors had recently made large sums of
money in speculating in sugar stock
aud in one instance tire name of a sen
ator was mentioned. Mr. Tillman
spoke for nearly an hour, every line
of his speech being punctuated with
The Tillman resolution was referred
to the committee on contingent expen
ses of the senate.
SENATOR M’LAURIX ACCEPTS.
In His Letter To Governor Ellerbe, He
Favors Senatorial Primary.
The new appointee for senator for
South Carolina, Hon. John L. Me-
Laurin, has forwarded his letter of
acceptance to Governor Ellerbe.
McLaurin comes out squarely for a
senatorial primary. In his letter he
“I desire to say that I believe that
United States senators should be elect
ed by a vote of the people; and as the
constitution debars us that privilege,
I sincerely trust that the democratic
executive committee will, at its conve
nience, order a primary and give
every democrat the chance of having
a voice in the selection of one to fill
this, the highest office in the gift
of the people. If I am not
selected I will humbly acquiesce
in the wishes of a majority of my fel
low' citizens. If lam selected I will
have the proud consciousness of know
ing that lam in fact truly the repre
sentative of the people—the whole
people of the state of South Carolina.
It is peculiarly gratifying to
me to receive this appointment
at your hands, but had not the
exigencies of the situation in the
senate demanded the immediate
appointment of one somewhat
familiar with the situation I would
have requested you to hold the matter
of appointment in abeyance until a
primary election is ordered, which, I
hope, the executive committee will see
proper to do aud other candidates see
fit to enter. I shall at every meeting
insist upon no one voting for me
merely because I liave been appointed
to the position.
“I resign an office but little infe
rior in dignity and honor. If lam to
lie continued in the senate I want it to
be given me in an election where every
citizen, however humble he may be,
can have an opportunity to say so at
the ballot box.”
NEW TOWN PROJECTED.
Colony of “Putney” to Bea Rival of Fit*-
Ex-Governor Northcn, of Georgia,
has organized anew colony town
which will rival Fitzgerald.
Fifty thousand acres of land have
been secured at Hardaway, near Al
bany, and a model farmers, colony will
be established there in accordance with
Governor Northen’s_ long cherished
The. new town will be called Putney.
The farms will be divided into small
areas, ranging from ten to one hun
dred acres, and so laid out as to allow
families to be located near each other,
on the community plan.