The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-12-05

the property of the Washington Light Infan.
try, or have they any right derived from the
laws of the United States to said arms over
and above any other particular militia of the
State Of South Carolina? f2). Are these
arms not to be considered as devoted to the
general purposes of the militia of the State
of South Carolina, and as between the said
Washington Light Infantry and the State OF
South Carolina, are they not subject to such
disposition as the rules, regulations and
con mands Of the General Militia may re-
quire: 1t is exceedingly doubtful whether I
tho arms referred to having been absolutely
and finally delivered by the United States,
so that the inquiries above stated relate to
the effect Of an act already done by the War
Department rather than raise any question of
the present Administration. Without pass.
ing upon that point, however which l men.
tion only that it may not seem TO have es.
capped notice, l answer the inquiries pro-
pounded by saying, that. in my judgment,
the arms in question are held by the State of
South Carroll for The use Of the whole body
of the militia of that State. in such manner
and in accordance with such rules aud regu-
lationS as the proper authorities of the State
may prescribe. Very respectfully,
RICHARD OLNEY, AttO"ney-General."
DECISION OF SECRETARY OF WAR.
Letter to Hon. James F.. Izlar House of
Representatives, is as follows:
" Afh h2<GIi1h1h6S4, uuO 1904.
Hon. James +. Izlar, House of Representa-.
sDear Sir:-I return herewith q coumuni-
cation addressed to You by Mr. B. C. Gilchrist
relative 10 the ownership OF certain arms
Issued to the Washington Light infantry, Of
Charleston, S. c., and have the honor to in
vite your attention TO the following replies
to the six questions propounded by Mr.. Gil.
christ: l. The Indebtedness of the State OF
South Carolina for arms, ETC., drawn and
IL. e.
ing the militia 1n March, lS.S SS7,3l3Os,
after charging the State the sum OF s., 9l20
for the 12O arms and occoutrements, as per
joint resolution approved March 9, 1878. 2.
It would have taken about twenty-seven years
for the annual quota Of the State to have ab-
sorbed the above Indebtedness. When the
l2e arms and accoutrements were charged to
the State their value merely increased the
already large Indebtedness OF the State. 4
The Act Of February IS, 1885, practically
wiped out the States indebted ness, and left
it entitled to the free use Of all subsequent
quotas to which any State would be entitled
under the law. 5 Under the provisions Of
the Joint resolution approved March 8. 1878,
Hampton) receipted to the Ordnance Depart
d ent for the i2) rifles With their accoutre-
ments referred to in Mr.. Gichrist's communi-
cation. 8. 1t is deemed beyond question that
the State of South Carolina would have the
right 10 take these arms from the Washington
Light Infantry and issue them to any other
con pany or put them to any other proper
use. arms and stores issued to the militia
are receipted for by the Governor OF the
State. They are accounted for by. him annu-
ally, and ;ley are undoubtedly under his con-
troI. Very respectfully,
JOSEPH B. Doe,
Assistant Secretary OF War"
These papers show conclusively that
the arms are State property, subject to
the disposition and orders OF the Gov.
ernor, and prompt decision to that
effect from the bench was what we had
a right to expect. But the honorable
Judge "took the papers" and has them
yet. No decision has been rendered,
and after next week B. R. Tillnan can
no longer "call himself Governor of
South Carolina" Herein lies the dirty
trick to which Judge Gof, has lent
himself. One would have supposed
that he had too much self-respect' and
regard for. his high office to descend so
low. I can only surmise as to his mo-
tives and the source of his inspiration.
Judges Simonton and BraWley, of that
court and cult, are citizens of Charles
ton. The former is'an honorary men,
ber of the Washington Light Infantry,
and was formerly, I think, its captain.
If there had been any merit in the
case, one or the other of these judges
would have been the natural judicial
officer to ask for relief. That the case
was carried abroad shows clearly that
one or both refused to hear it,. But
that the decision has been reserved in
this unaccountablea and outrageous way
almost proves that2judicial Influences
have been at work. to postpone, action
till one "B. r. Til1man, calling himself
Governor" ETC., has been gotten out of
the way. 1t may be that my successor
will be served with a similsr order for
the judges of the United States Court
are y laW.unto themselves, 1t seems,
and glory lin acts of nsurpafion and
tyranny. 1t may be that this COM
papy's character will be left undis-
turbed, and its organization remain as
part of the State militia. I think, how
ever, that it should be disbanded, and
it's affairs as a corporation wound up.
I would have been willing, after time,
to allow reorganization and restora-
tion. of the company as punishment
enough for its refusal, to 60 to Darling:
ton; but the second act of mutiny and
insult to the State and its Executive is
too much. To be possessors of old his
toric names is a grand heritage. To
assist in maintaining an organization
with such proud memories and so glo-
rious a history is: worthy ambition.
It is a pity to destroy what is so old, so
linked with the States glorious past;
but an example should be made. These
men have been false to every obliga-
ton of duty; have disobeyed the order
of the Commander-in-Ch Chief; have
insulted the Governor; and, wrapped
in the cloud of their self-idolatry, they
depend on social, political and judicial
influences to save them from deserved
disgrace and punishment. The Gene
raj Assembly alone can deal with them,
and can do it in spite of Judge Gof.
ENFORCEMENT AND ADMINISTRATION
OF THE DISPENsARY LAW.
I will next touch on the defects of
the dispensary law and the hindrances
to its enforcement, as shoWn by years
additional experience.
Two weeks after the Darlington riot
the Supreme Court, to the surprise and
disgust of large majority OF the peo-
pie, declared the act of 1892 unconsti-
tutional. The effort to enforce the law
of 1893 had brought on riot-riot had
resulted in bloodshed and insurrection;
but the law had triumphed and order
been promptly restored, so that we had
every reason to feel, and, in fact, there
was every evidence to show, that the
fight was won, and men were ready to
yield obedience and cease to ohstruct
the law-not willingly, but from neces-
sity and fear. I had by proclamation
taken control Of the municipal police
throughout the State, under Section
SIG G. s., and ordered constables to
confine themselves to seizures of liquor
in transit, and to watching the authori-
ties of the towns and cities. Confer
ences were held with the mayors of
those municipalities where the illicit
sale of liquor had been most fragrant,
and everything pointed to a sa'isfac-
tory solution of the vexed question,
and quiet and efficient cooperation
between the constables and the police
for the enforcement Of the law. But,
alas! all my work of nine months was
undone in an instant. The whiskey
da,lars v,,bo ho6 olo2o6 fhoir doors