davidaulloa/AmericanStories huggingface dataset:
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
Falls Fifty-fiye Feet.

Monroe, La, Nov. PA man
named Bell. whose feat is known as
the leap for life" and consists Of
swinging on a rope through sheet
of flame, fell from 55-foot derrick
at the Parish fair here today. and
is believed to have been fatally in
jured. His home is in Marion.
Ohio
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
Shoots His Own Brother.

Warrenton, Va. Nov. 12.-De-
tending himself and his wife in his
home. as he alleges. against mid
night attack made by his own broth
er, Henry Spinks shot and killed
William Spinks at Hopwell. twenty
miles north of here yesterday.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
WORK OF THUGS.
Four Persons Found Unconscious in
Chattanooga Streets.

Chattanooga, Tenn, November g.
During last night four persons who
had been assaulted by thugs were
found unconscious in the streets Of
this city. One OF the victims, a
negro, died soon after being found.
p. L. Owens, white farmer, was
picked up on Pine street, with his
head cut open. When he regaine3
consciousness ne said that negro
had struck MIN and robbed him Of
$40. An unknown young white
man, we'll dressed, was picked up
on Whiteside street, and up to a
late hour ne had not regained con-
sciousness. The last victim was a
negro woman, who was found with
a CHASTITY cut in the centre Of he.
forehead.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
Going to Mexico.

Lincoln, Neb., Nov. 13.-Mr. and
Mrs. VIM. J. Bryan will leave Sun
day for a trip to Mexico. They will
seek rest and recreation. Thu
itinerary of the trip has not been
announced. Mr.. Bryan will deliver
a commencement address in Phila-
delphia December 23.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
GOES Up FOR LIFE
Cor Wrecking Train and Causing
Death of Two Men.

Spartanburg, Nov. 12.-Clarence
Aknew, the negro charged with mur-
der and the wrecking Of a passenge:
train on the Southern Railway, near
Duncan, S. c.. which resulted in the
killing of the engineer and fireman.
was found guilty with recommends
ton to mercy here today. He was
sentenced t. life Imprisonment. HI
was one of the negroes whom the
mob sought to lynch here four weeks
ago.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
Disaster at Saw Mill.

Roanoke, Va, Nov. ia Times
special tonight from Norfolk, Va,
says that three men were killed
outright, two fatally injured and
two others were seriously hurt in an
explosion yesterday at saw null
plant in Wise county.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
OFFICIAL VOTE OF VIRGINIA.
Eiyan's Majority Over All Nearly
Twenty-nine Thousand.

Richmond, Va, Nov. 12.-Oficial
returns complete for Virginia from
the presidential election show the
popular vote to have been: Bryan,
S2,94S; Taft, 52,979; Chain, 1854:
Debs, 254; Watson, 1O6; Hisgen,
50, Gilhaus, 25: total, 1855.
Bryan's plurality, 3O,369, majority
2S,S53. The total vote in 1904 was
1858. Parker's plurality was 3d.
773, net loss of 2,404 to the Demo
cratic ticket.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-11-18
IMPORTANT DECISION
c. United States Supreme Court OF

c. United States Supreme Court OF
Mixed Schools.
Washington, Nov. 9.-In deciding
the case of Berea College versus the
State of Kentucky, favorably to the
State, the supreme court of the
United States today held that staIt
of the union may constitutionally.
!egislate to prevent the co-education
of the white and black races.
The case was instituted to test
the validity Of the State law Of 1904.
prohibiting white and black children
from attending the same schools.
The higher State court took the po-
iition that the white and black races
IRE naturally antagonistic and thai
he enforced separation Of the chill
:lren Of the two is in the line Of
the preservation of the peace
The opinion Of the supreme court
was handed down by Judge Brewer
and affirmed the finding of both the
Kentucky circuit court and the cou,t
of appeals. Justices Harlan and Day
dissented. Justice Brewers opinion
dealt entirely with corporations as
affected by the Kentucky statute, and
lid not consider the question of its
o1r
the street, under his tongue at the
sxit Of the wound. think this was
the fatal wound. Two teeth were
also broken loose.
Il think there were two bullets
fred from Carmack's gun.
Result Of Conspiracy.
Both the Coopers and Senator Car
mack have many friends here and
throughout the State. Cooper:
statement is that the affair was
merely a street duel in which both
sides met and both began firing
The friends Of the Coopers claim
they had tried to avoid meeting
with Carmack, it is said, and the!
we're on the way to the State capito
in response to a telephone messag'
from Governor Patttrson when tn:
ira gedy occurred and that Senate!
| Carmack had been warned and wa:
expecting trouble.
Friends of Senator Carmac:
st-enuously claim that the killins
was the result of conspiracy, pur,
and simple; thai he was waylaid
that when Senator Carmack left TIL
lennesscan Office for his boardin;
house the fact was telephone from
house near The Tennessean Office an,
the Coorers notified that the senate
: was on his way and to be on tn
alert.
1t now develops, according t
friends of Mr. Cramack, that the
was a third party with the Cooper
: just before the shooting, a forme
: county official who is a close perso
! al friend of both the Coopers an
: Patterson. Friends of the dea
:. senator indicate that there will h
l sensational developments within tn
e next day or so regarding the Al
] fair.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

military duty; all fines collected under
the penal laws OF the State; such pOr-
ton OF the per capita tax as may be
prescribed by law for educational puT-
poses; % per Centum of the sales Of
public lands which are are now or may
be hereafter owned by the State"
Section Of the same article pro-
vides that: The principal of the COM
mon school fund shall remain sacred
and inviOlate."
STATE SCHOOL FUND.
Under the Constitution Of 1868 the
school fund was called the common
school fund" but under the COnstitu-
ton Of 1886 IL was denOminated the
state school fund" Both Constitutions
provided for the ample and liberal
maintenance Of public free schools and
created a fund, the interest upon which
should be applied exclusively to the
support and maintenance Of such
schools, and provided that the princi-
pal Of such fund should remain sacred
and inviolate. Both Constitutions pro-
vided that the school fund should con-
sist IN part of 25 per cent Of the sales
of public lands owned by the State.
The term public school" as used in
the Constitutions Of 1868 and 1885 des-
ignated a class Of lands distinguished
from those granted by the United
States to the State Of FLORIDA for pub
lie school purposes, all the proceeds or
the sales Of such lands constituting
part Of the school funds, while only
25 per cent Of the proceeds OF the sales
of public lands" owned by the State,
or thereafter acquired, was paid into
the school fund.
The public lands Of which the State
became the owner, consisted (among
others) Of the sixteenth section In
every township granted by act OF Con-
gress Of March 3, 1S45, for school pur'
poses; 100000 acres granted by act OF
Of September 4, 1841 (made
applicable 10 Florida by act Of March
3. 1851. for internal improvements,
and the swamp and Overfowed lands
granted by act Of September %, 1850.
The term public lands" Is defined to
be such lands IS are subject to sale or
by The Government under
general laws.-Newhall VS.. Sawyer 81
U. s. 761.
BY Chapter $40. Laws Of Florida, APP
proved January 6, 1885, entitled. can
yet to provide for and encourage a lib
sral system Of internal Improvements
IN this State" the Legislature set apart
md declared as q distinct and sepa.
ate fund 30 be called the internal
fund Of the State Of Flor
de. and to be strictly applied accord
nE 10 tbs nrOVialon8 81 the act, 30
much Of the 500 acres OF land granted
q thu State f0r internal improvement
purposes ,as remained ungoid, and the
proceeds 81 ne sales Of such. lands
heretofore sold ~ remained on hand
ND unappr0priatad. and All proceeds
hat might hereinafter eccrue from
De sale OF such lands, and aiirthe
IwamB lands subject 30 overflow grant
d TO fhe state BY act Of Congress ap-
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14
ATTORNEY GENERAL ELLIS OPINION.

proved September %, 1850, together
with all the proceeds that htd accrued
or that might accrue TO the State from
the sale of said lands.
IBREvOCABLY VESTED.
Fol- the purpose Of assuring a proper
application of the funds for the pur-
pose of this act, the said lands, and all
the funds arising from the sale thereof,
after paying the necessary expenses Of
selections, management and sale, we're
'1rrevocably vested" in the five trus-
tees, all OF whom were officers of the
State Government, and their success
sOrs in Office, TO hold the same In trust
for the uses and purposes In the act
provided. The trustees were vested with
the power TO sell and transfer the
lands to purchasers and to receive pay
ment for theSBame, and TO invest the
surplus moneys arising therefrOm ae-
cording to the provisions OF the act
The act outlined q system Of inter
nal improvements, and pledged the
fund TO pay the interest as Il might be-
come due on the bonds issued by any
railroad company under iG provisions
BY the provisions of Section Is Of the
act the State granted 70 each OF the
different companies thet should con-
struct portions OF the lines Of railroad
on the routes indicated, the alternate
sections Of State lands on each side for
six miles; and by the provisions Of
Section 16 the trustees were empowered
to Ak the price Of the public lands"
included In the trust, and make such
arrangements for the drainage Of the
swamp and overlooked lands as we're in
their Judgment deemed most advanta-
geous TO the fund and the settlement
and cultivation Of the land.
Il was not the purpose Of the Legis-
latuFe to apply the magnificent estate
composed OF the swamp lands acquired
under the act Of Congress Of Septem-
Der 2S, 1850, and the $4,000 acres &C
uuired by act OF March 3, 1S45, In its
entirety to the building OF railroads by
the companies that might be organized
for the purpose Of building the lines Of
roads along the routes indicated, nor
did the Legislature contemplate that
the fund would be exhausted by eX-.
tending the aid contemplated. Trustees
/. I. Fund vs.. Bailey, 10 Fla. 125.
PROTECTION or FUND.
Ample provision was made for the
protection Of the fund and the preser-
walton Of the same intact for the gen
eral welfare OF the State. and the devo-
tion of the swamp lands to the purposes
for which they we're granted by the
United States. The purpose Of the act
was 10 create a fund 70 encourage and
promote internal improvements by ex-
tending aid TO railroad and canal com
panies IN the building Of certain lines
OF railroads and q canal; the reclama.
ton Of the swamp lands, and the settle.
ment and cultivation OF the same.
The title OF the act declares that At
was for the purpose OF encouraging 2
liberal system % Internal improve
menia ara the State.
The state Of Florida dia not part
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14
Large Sums Due Schools From
Proceeds of Sales of PlbfC Lands
a to-
of

titled to % per cent Of the sales of all
public lands affected and under the pro-
visions Of the Constitution above re-
ferred to; now, therefore, be It by the
State Board of Education,
1. Resolved, That Il Is the opinion Of
the State Board of Education that the
State school fund, under said cOnsti.
tutional provisions, is entitled to re-
ceive and recover 25 per centum Of the
sales of all public lands OF the State
of Florida from the date that the Con-
stitution Of 1868 became effective to
the present time, being the proceeds
from the sale Of said public lands
which have been owned by the State
of Florida since the Constitution Of
1868 became effective, or may here
after be owned by the State of Florida.
2. Resolved, That an accounting be
demanded Of the Trustees Of the Inter
nal Improvement Fund Of the State OF
Florida, under the clauses Of the Con-
stitution of 1868, and of the COnstitu-
tion Of 1885, requiring that % per
centum Of the sales OF public lands be
paid to the State Board of Education
for the use OF the common school fund,
as above provided by the said Consti.
tuition, showing the total acreage Of the
public lands, as Of the date Of Febru-
airy %, 1868, the number Of acres of
public lands that have been vested in
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

the State Of Florida since the adoption
Of said Constitution Of 1868, the acre
age sold since that date by the State
OF Florida, or by its authority or con
sent, the amounts Of money received
from said sales, the amounts paid over
TO the said common school fund or TO
the State Board of Education for said
fund since said Constitution Of 1868
became effective, II any, and the total
acreage Of public lands vested In the
State Of Florida or her grantees I'm
trust hot disposed Of
3. Resolved, That the Trustees Of the
Internal Imp Fement Fund Of the
State Of Florlt be furnished with a
copy OF these resolutions; that the
Commissioner of Agriculture Of the
State Of Florida be furnished with a
copy Of these resolutions; that the land
clerk Of the State Board OF Education
be furnished with a copy of these reso-
lutions, and that said land clerk shall
assist in the preparation and cOmpila-
ton OF such data in the making and
stating Of the account referred to In
the foregoing resolutions.
Adopted October %, 1907.
(signed) N. B. BROwARD.
Attest: Chairman.
(Signed) W. NJ. HOLLOWAY,
Secretary.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

with the beneficial estate and interest
In this great estate by veBting the legal
title to the lands In certain State on
GERS and their successors, nor did II
part with the right TO dispose of that
estate by charging those officers with
the duties mentioned in the act, nor
cId ia" State divest itself Of aught
but tho naked legal title TO the .ands
mentioned. The beneficial interest and
estate therein was retained by the
State as owner, the act Of 1885, Chapter
go, being merly a Legislative regula-
uon Of the holding, management and
sale Of the lands therein mentioned.
The title held by the trustees 10 Of q
public character, so that their deed Is
pTim9 facie evidence Of title IN grantee.
Grower et al. We Coffee, 10 Fla. 20, text
Ths lands designated Ga the act Of
1855, Chapter go, did not lose their
character as public lands By being
pledged in trust 10 aid IN the Construc-
ton of certain objects Of improvement.
The Legislature by that act simply
designated some objects Of improve
ment to be constructed first, and to
postpone others
POWER or LbeTsLATUAEs.
The powers Of subsequent LeSisla-
lures were not limited by the exercise
of the powers Of the Legislature Of
1855. unless the act OF the latter was Of
such character as called into operation
constitutional limitation, and some
thing more than a simple antecedent
exercise CO legislative power stood IN
the way Of the exercise Of the powers
Of the subsequent one. The internal Inn
prOvement law is not organic Law, and
the power Of one. Legislature Is no
greater than that OF another Gonzales
VS.. Sullivan, 16 Fla. $40, text
The Supreme Court Of the United
States has held in several cases that
the swamp lands granted 20 the States
by the act Of Congress OF September
28, 1850. are subject to the disposal or
the Legislatures of the States respect
lively. In any manner they may deem
expedient without any right on the part
of any person except the Government
of the United States 10 question such
disposal. The application Of the pro-
ceeds of those lands 20 the purposes OF
the grant rests upon the good faith OF
the State-it is a matter between two
powers. Although II IL spe.
cially provided that the proceeds Of
such lands shall be applied, ''as far 81
TO their reclamation by
means OF levees and drains, Il e not
a trust following the lands.--Milis 90.
VS.. V. B. and d. Railroad, 107 Y. 8.
SIS; Cook Vi. Calumet, etc, Canal Co.
1873 u. s. $50; u. 8. Va Louisiana, lz1
U 8. 1877: American Emigrant o., "a
Co. Of Adams, 100 y. s. so; Hagar VI.
District III, o. s. J0l.
The dietum Of the Supreme Court o.
Florida on this point as expressed %
the case Of the Trustees OF ne Internal
Improvement fund We. St johns it-ll-
way Company. re Fla. So, t1cfolore.
appears not 70 BE concurred IN ~ me
supreme Court Of the United States
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

The following is taken from the min
utes Of the State Board Of Education
Of a meeting of October %, 1907:
The State Board Of Education met
in the executive Office, all members
present except Hon. w. H. Ellis; Gov
ernor Broward, president, in the chair
The following resolutions were
unanimously adopted
Whereas, Section 4 Of Article 8, OF
the Constitution of the State Of Flor
ida, adopted February %, 1868, con-
tains, among other provisions, the fol-
lowing:
"The common school fund shall be
derived from the following sources:
The proceeds of land or other property
which may accrue to the State by es-
cheat or forfeiture, the proceeds Of all
property granted to the State when the
purpose of such grant shall not be
specified. twenty-five per cent
INN of the sales of public lands which
are now. or may hereafter be owned
by the State" and,
Whereas, Large areas Of public lands
had been granted to the State Of Flor
ida by the Congress OF the United
States, two of the most important
grants being the act of Congress, APP
proved March 8, 1S41, and the act OF
Congress, approved September %, 1850,
commonly known as the swamp and
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

And the second headnote in the New.
hall VS.. Sanger case, above cited, reads
as follows:
The words public lands, used in
our legislation. mean such as are sub
iect to sale or other disposal uRder
general laws"
And I'm delivering the opinion of the
court in the above entitled case, Jus
tice Davis, Of the Supreme Court Of the
United States, uses this language:
The words public lands are habitu-
ally used in our legislation to describe
such as are subject to sale or other
under general laws"
Text, first page Of decision.
Whereas, The State Of Florida has
disposed Of several million acres Of
said lands, since the adoption of said
constitutional provisions, which have
been in full force and effect cOntinu-
ously since the adoption Of the first
provision in 1868, without any account
ing or distribution or payment to the
State Board Of Education, or other
wise applying said constitutional pro-
portion of % per cent or any other
amount or per cent TO said fund, as re-
quired by the Constitution OF the State
of Florida, and the State Board Of Ed.
ucation is advised that said cOnstitu-
tional provisions are in full force and
effect and that said school fund is en-
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

CLAIM OR THE SCHOOLS.
section % tiele wifi. Of the Con
sututi0n Of 1853, which was carried
into and became q part OF the COnsti-
tuition Of 1885, so far as It provided
that the commOn or State school fund
should consist In part Of 25 per cent OF
the sales Of public lands which we're
then owned, or thereafter acquired by
State, operated as an amendment to
CHATTER 61O. In which a portion Of the
salU.l O. the lands designated IN that
Btatui was diverted TO other purposes
tha1 '1ose specified In the act, and con-
gtituteB an obligation OF debt upon the
fund q is more than an amendment
e IG limitation or inhibition upon
the legislature from diVerting more
than Is per cent Of the sales Of the
public lands designated IN the act 20
puf oses other than increasing the
common or State school fund.
Eection 4, Article Wifi. Of the COnsti.
tuition Of 1868, was not applicable 70
the Ne Of lands in the funds which
were ~ q for the purpose Of discharg-
Ing lien Of the bOndholders Of the
railrd ds which acquired the right TO
the proyisions Of the act prior to 1868.
The constitutional provision could
not, Of course, have the effect Of i'm
pairing the obligations Of contracts
nor deprive third persons OF vested
rights acquired under act Of 1886.
IA my opinion, the provision Of the
Constitution Of 1868, as w6A as that Of
1886 -executing; II Is present APP
plicatl public money arising from
the sci Of public lands; the treasurer
was The custodian Of all funds, and
was, therefore, the custodian Of the
common fund. The SupeTintend-
ent Of ~ Instruction, under the
Constitution Of 1868, had the admin
istratiVe supervision" of all matters
pertaining 70 public instruction, and
the provision. Of the Constitution re-
feFred "a Us applying 25 per cent Of the
sales 81 public lands to the common
school fHpd was direction to the trus-
tees a =, apply such portion Of the
ASAND AN ACCOUNTING.
Thr ngtitutiOn Of 1885 makes no
mat hange, except vesting
"staf ID Of Education Of Florida
with ower and duty OF managing
and ng all State school funds.
The Holtu OF Education, therefore, has
the 81 Eht 70 demand an accounting
from The Trustees Of the Internal I'm
prove lent Fund Of the State Of Florida
FOR Per cent Of the proceeds OF sales
Of al nds contained IN the Internal
lmpr nent Fund from February 5,
1885 that have since been acquired
and led into said fund.- 20 date. ex-
Guiding tnly such sales as we're made
Tor he fpOse Of discharging q lien
nton t1s held BY the bondholders
~ the fA which had acquired
ua OF 1856. and such
- lIn have been acquired
- Fe y 36. 1858.
very ~ dhily, w. n. ELLIS,
Attorney General.
The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-02-14

overhowed land grant act, under which
acts the State of Florida became seized
and possessed Of upward Of 10000, 900
acres Of land the greater portion Of
which lands had been vested In the
State of Florida prior to and at the
date Of the adoption of the aforesaid
constitutional provision on the 23d day
Of February, 1868, and subsequent
thereto; and,
Whereas, The Constitution of the State
of Florida, adopted by the convention
Of 1885, that became effective January
1. 1887, contains, among other things
at Section 4, Article xii, under the
subject Of education, the following pro-
vision:
THAT the State school fund
shall be derived from the following
sources" among them being enumer-
ated the following items: twenty-five
per centum Of the sales Of public
lands which are now or may hereafter
be owned by the State" and,
Whereas, Public lands are defined by
high legal authority in the following
language:
Public lands is habitually used in
legislation 10 describe such lands as
are subject to sale or other disposal
under general laws. "-AndersOn's Law
Dictionary; Newhall VS.. Sanger, 80 U.
S., 1853; Wirth VS.. BransOn, SO U. S. 11S.