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BANKS COUNTY -JOURNAL. VOL. I. mis mmn sins. JUDGE SIMONTON RENDERS AX IMPORTANT DECISION. 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 case. The Newn In Columbia. A Columbia special says: Another sun may not set on the South Carolina dispensary; 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 pensary. 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 dispose of. NEXT'MEETIXG IX MACOX. Southern firorcri Select That City For Next Convention. 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 Must llaiif;. 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 11. 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 tears. Durrant’s attorney states that there is yet an appeal pending before the supreme court. 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 stantly killed: George F. l’ashley, jr; William Gil christ; V/iuslow Lewis; Lester E. Rob erts, Miss Dora Burtsch; all of Brook lyn. 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 jured. • 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 mangled. 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 cape. 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. DEUESdISSIIIEI 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 sternation. 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 point. 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 stitutional. 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© Arrangements. 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 powers. 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 wound. 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 list. 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 mail. Messrs. Calhoun,Fishback aud Con gosto will leave iu a few days for New York direct. 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 pound eye 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 liar fitness. 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 ternoon. 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 permit. 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 inspection. 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 loud voice: “I will have these grounds cleared; Colonel Jones, advance your battal ion.” 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 censed. 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 precarious condition. 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 stitution. INVESTIGATION PROBABLE. 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 tariff bill. It is believed to be probable that the resolution will be reported back to the senate and the senate will order an in vestigation. SEARLES CASE NOT DECIDED. Defendant's Attorney Make Motion For An Acquittal. 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. NO. 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 islation. Senator Tillman made a speech which was no less dramatic iu its de livery than sensational in its allega tions. 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 intense invective. 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 says: “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*- gerald, Ga. 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 plans. 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.