Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-03-03

nations are made. The state is divid-
ed into fourteen districts, there being
an inspector for each district. During
the fertilizer season 1t Is the duty Of
these inspectors to draw samples from
every place where fertilizer is sold in
their districts and to send these sam
Piles to Clemson college for examina-
tion. Under the law II these samples
are found to be deficient In any man.
ner, a refund must be made by the
fertilizer companies. The samples
drawn by the inspectors are analyzed
by expert chemists. These chemists
only know the samples by number and
do not know the name Of the company
manufacturing them as has been
charged.
-Saluda, February %: The charge
Of Judge Sease, who Is presiding here
in the court Of sessions this week, to
the grand jury Monday was a strong
deliverance. He emphasized the duties
to the prevalent pistol toting habit
much Of the lawlessness In the state.
In this connection he stated that when
a man puts q pistol in his hip pocket
and goes out among his fellows there
was an understanding with himself
deep down in his heart to murder
upon the slightest provocation. In get
ting at the cause Of 80 many homicides
in South Carolina he gave It as his
opinion that society had false Idea OF
courage and bravery. Public sentiment
sometimes applauds the killing Of a
man as an act Of bravery when 1t
should condemn it in no uncertain
tones. The man Of the highest courage
Is the man who conquers himself.
Such an one Is greater than the man
a white man, be guilty of stealing,
public sentiment condemns him; he Is
scorned. But this same sentiment Is
often guilty of excusing, upon the false
theory Of courage and bravery, the man
who slays his fellow man.
- Spartanburg, March /: Asserting
that he Is a legal magistrate, although
his appointment has not been confirm
ed By the senate in accordance with the
law, J. Malcolm Bowden, who was
named by Gov. Blease to succeed Maj.
Augustus H. Kirby, today opened up
an office and proceeded to do business.
He executed several important legal
papers and received notice from the
city attorney, Samuel J. Nichols, that
motion would be made before him for
new trial in the suit Of DR.. Walter
Sorrell, milk and meat inspector,
against the city for his salary. This
suit was determined in DR.. Sorrelrs ia
vor before Magistrate Kirby on Tues
day. Refusing to recognize Mr.. Bow
den's authority, Magistrate Kirby con-
tinued to perform the duties Of his Of
flee. He presided over two hearings,
discharging a man who was accused
of violating the dispensary law and
binding over to court Carl Haynes, the
S-year- old boy who some time ago
shot Lois Wright, little playmate, at
Drayton mills. Maj. Kirby consulted
more lawyers today and they told him
to hold on to- his Office as he was the
lawful magistrate. Other attorneys,
however, think that Mr.. Bowden Is en-
titled to serve, at least until the SEN
ate has an opportunity to pass on his
appointment. Maj. Kirby has trials set
for every day Of this week and part of
next week, and said he intended to try
them. Litigants are in dilemma, not
knowing to which magistrate to take
their causes and fearing that the one
selected may later be disqualified and
his decisions accordingly nullifed.
- Columbia State, Thursday: Sem
ator Howard B. Carlisle Of Spartan
burg yesterday, by phone, gave the
State some additional details In the
matter of the appointing of magis-
trates for Spartanburg county: 1--WE
sent the nominations to the governor
on Tuesday of the last week Of the
session. He gave the delegation no In
timation that he would not appoint the
nominees. I was looking for the ap-
pointments up to the very last night
of the session as he gave our delegation
absolutely no intimation that our NOM
inees were not acceptable" The nom
inees were S. M. Wetmore and R j.
Can't. The incumbents are S. NJ. Wet
more and Maj. A. H. Kirby. The ap-
pointees by Gov. Blease were J. NAL
colin Bowden and c. E. Wyche. 1t
has already been stated that Mr.. Bow
den had been promised the place be-
fore the delegation made Its recon-
mendations. Mr.. Wyche, who Is son
of DR.. Wyche of the Newberry legis-
lative delegation, was placed in q very
awkward position, as he was friend OF
Mr.. Wetmore, was not an applicant,
and refused the position. Maj. Kirby
was not rejected by the delegation but
was to retire on account OF his ad-
yanced age. Senator Carlisle stated
yesterday that the Spartanburg del
egation was not at first unanimous on
the magisterial appointments, but that
all recommendations were unanimous
when sent to the governor. Ben Hill
Brown Of the Spartanburg house dele
CATION gave an interview to the state
on the last night Of the session In which
he said that the delegation stood with
Senator Carlisle in the nominations.
Senator Carlisle said yesterday: If the
governor doesn't send the recommen-
dations to be confirmed by the state
senate, 1t appears to me that there can
be no appointments and the incumbents
will hold over. Some or the magis-
trates in this county are reported to be
contesting the usurpation Of their Of
fees by the governors appointees. /
am not representing them at all as at
torney, and have not looked into the
laws carefully, but 1t is my opinion
that the men in office should hold
over"