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VOLUME XV111. CAMDEN. S. C.. FRIDAY. AUGUST !>. 11107. ^ . N(> SOUTH CAROLINA ITEMS f Newsy lu>rns Gathered Frtim (he Different Sections of | Sotilli Carolina. I AAAA* ? O 2 The Question of Demurrage. Columbia, Special. ?Though -thev ? oping the railroads will not force IG lH$ue Member* of tho railroad omiuu#ion admit the probability ot a c as j between ihe railroads and tiso t>Ute authorities should tho Coast 10 roa(1 P^ist in its refusal to pay reciprocal demurruge of $1 u day to cars to shippers upon failure after Jour days' notice to furnish them in accordance with rule 5 of the com mission. An important difference between ! this and the North Carolina case i? that in this State a circuit court judge, Judge Dantzler, has rendered a decision in favW of tho road i which be sustains the broad ground advocated by the local counsel for the road that the commission is with out authority in enforcing a rule in volving a penality regardless of the act of the Legislature giving this au thority. If Judge Dant/ler's decision is sustained it means that the railroad /)Amtvnn<i?f,?? I I , vvwoto^u,, ?n fiyui'iicss to enforce its various other rules involving pen alties, and it reduces the board to the position of a mere ligure head. T!io board's continuance, in the circum stances, would be worse than useless in many respects, it is submitted. Members of the commission have consulted Attorney General Lyon in the premises but he lias rendered i* no opinion, fearing that it is barely becoming to him to pass imwi-4jto decision of a State Judge. /However notice of appeal has been Arivcn and the attorney general wilL^Jefend the commission in the case.( So far Third ^j/rSyes'ulent T^en ley of the ('oas^t Line has merely ac knowledged receipt of the commission letter protesting against resistance o!; the rule end wanting to know from him what the policy of the rftad is t? be. Until the commission gets a J'uTl answer it is waiting. "I find it hard to bejieve that the Const Line will persist in its policy of resistance to the railroad commis sion," said Chairman Caughman of the commission. " I believe tho ofli cials of that road have more se.nse than to thus dam up trouble for them selves. I hnvo told the railroad offi cials I* have met since this deefwon that they are carrying their ducks to a mighty poor market, in this case. The decision as T view it, means that the commission i> a (igurc head. The commission not only has the oxprcss authority from the Legislature.>to en force such rules but it is j*iven tli9 power to fix and regulate both freight and Passenger rates. The commission can never exercise its authority to make passenger rates, though that authority is expressly mentioned in tho act, the only limit being that pas ?.3 *4 : 1 > Two Boys Drowned Near Etiwan Worts. Charleston, Specikl. ?In the futile endeavor to save theyifo of his broth er Willie, llenry ? Hunter was also drowned in a creek near the Etiwua Phosphate works in the suburbs of Charleston, and'the inquest was held ^"Mondaysyorning by Magistrate J. 15. Behrens. llhe trayedg occurred Sun day afte'rmAan. Willie, who \vas 10 years old, lilul been in the water swimming lor some time, when bo was probably seized with cramps and he called for assistance. His brother two years older lost no time in res* jwnding and after reaching the side "* of the struggling boy, Henry found himself unable to cope with the situ ation and the two brothers went to their death in the creek. Killed in Swimming Pool. Philadelphia, Spccial. ? President Edoiund R. Watson, of the Northern National Bank, of this city, was in stantly killed while in swimming in the pool of the Columbia Club, ono of the most prominent, social organiza tions of the city. It is believed thaf. he met his death by striking his head Againgt the concrete side of the tank diving. Greenville to Spartanburg. Gtcenville, Special. ?Application will be made to the secretary of Stain within the next 30 days for a chartcr for a standard puape electric railroad fltMB Greenville to Spartanburg. Tho company will bo inconx) rated under the pane of the Greenville & Spar tf#7 Railway company. The com ? ptay ^proposes to build a line trav ersing, th* townships flf Greenville, Butler and Chick Springs in Groen ; YjOi* eeonty and llcech Spring* and RnartanVarp in Spartanburg county, f^lotat distance of 31 milu.^ will pass the Chick Spriugt Oooty dwfj. at. ? Tho ?p*cta! ted to amiatgo for Calhoun iiniili. with V the county asat, mat A. W. and T. C. eltv as rorvayoea.for tfa in the petition. At was called oh ivg the law for too survey the commission senger faros shall not bo fixed at move than three cents a mile. "The commission lias never taken any action toward reducing passen ger tares, as the Virginia commission did, because the Legislature has shown a disposition not 11> do so, pre ferring not to hamper the roads and wanting to encourage in every way better facilities instead. But if th?> railroads show a disposition to be ov erhearing and unreasonable the com mission may assert its authority not only to reduce fares but mjiy also withdraw its'support from the rules it has adopted to protect the roads. There is no justice in the roads col lecting demurrage for failure to un load cars if they are unwilling to pay for fuilure to furnish ears within a reasonable time. Shippers all' ovar the State have been guttering greatly in the past few years on account of i inability to get cars on time." There is substantial reason to be ! lieve that the precipitation of the j fi^ht now 011 was not due to over zcaloitsness on the part of local coun I sel. Thecase has been directed from | I he beginning by fJeneral Counsel | Wiiicox of the Coast Lyie, and then? : is evident that the whole legal do j partment of the road is backing up | thought. I The ease was ifisignificant enough ! looking in the beginning. Pearl Cross i a Kichland county lumber deah r ; brought action in a magistrate's court 1 for $2~> damages and $30 penalty for ! :>0 day's failure to furnish him ear.? (.for the shipment of lumber. The ^magistrate gave judgment ip liis fa ! vor for the full amount, $.}5. The | Coast Line appealed agreeing to pay I the damage judgment of $25 but re sisting the demurrage. Judge Dant/ 1 lor sustained the position of the road ! The best evidence of the l'av reach ing effect of the decision is to be had j from the exact language of the I grounds of appeal, all of which were j sustained:? j " 1.?Because any rule of the rnil | road commission prescribing any pen ; alty for not placing cars upon writ I ten demand of shipjVr is illegal and ; unconstitutional whether the said 1 railroad commission elaiiun its author I itv from legislative grout or othpr-* j wise. * "2.?Because any regulaticm of I the railroad commission prescribing j a penalty is in itself an exercise of j legislation which is not and cannot be delegated to said commission." This is the order Judge Dantzler] signed: ''Ordered, That the appeal be and is hereby sustained, and the judgment of the magistrate's court be and the same is hereby modified by reducing* the judgment of said court thirty ($30) dollars, that is the plain tilt-res pondent. have judgment against the defendant- appellant for the sum of twenty-five (2o) dollars. ! i Handsome Building for Laurens. Spartanburg, Special.?E. L. Ilert zog, of this city has been awarded a j contract for the erection of $30,000 concrete brick building in I^aurcns. The contract was awarded by the Kn terprise Bank, of Laurens and will be used as bank building4.behandsomest structure in Laurens. Wanted Board Removed. 1 Columbia, Special.?Gov. Ansel has | been asked to remove from office the i members of the registration board 1 of Barnwell county because of their alleged neglect of th?\ duties of t!ie office -and failure to revise the books 10 days befc?re each election as re quired bv law. Taken to the Aiken Jail. Lexington, Special. ?The order of. Judge Dantzler in the ease against. Lee Fallow, Clinton~"Fallow, Clifton Fallow And Isaac Taylor charged with the murder of George W. Mabus wan filed with the clerk hero and at 3 p. m. Sheriff Rabon of Aiken county loft here, with the four prisoners for the Aiken county jail, as required by tho said order of Judge Dantzlcr. An Unfortunate Youth. Rock Hill, Special. ?Several \\*peks ngo tho little 10-year-old son of Mr. H. Hoik at Fort Mill got a bad cut on his right leg with a sharp knif.\ bruised in play nnd began to blend The wound healed but afterwards was sore again. After some time he was brought to the hospital here, whore it was found necessary to amputate tht leg in order to save the little fellow's life. The chance? were at first slim, but ho is getting along nicely now and unless complications arise wilf recover. Qitcsvilta 14m Becarss Charter. . GoApr&m, Special. ?The secretary of the State i?eil a charter to the Omfivttl* ft Internrbsn Railway Co. a liao jfchish ia to be wUistructed be tmih flnavtllt and WilUaxnston, a distance of abont 20 miles. The cij> ita! i* placed at $100,000 but it i* ?WM th the charter that this will be iaereawd to $1,000^00. H? H. iMnco ia the president- and C. C. CLood is sec retary M CONDITIONS AHt FAVORABLE Commissioner Watson Issues Inter esting Table Showing Results of Investigations Throughout the State. Commissioner K. J. Walton has, after much work, issued un entice summary of the conditions in South Carolina: The report on cotton is, of course, the most important, hut Mr. Watson has pone into conditions af fecting corn, tobacco, and other crops and in addition gives statistic? co i cerning the increase in acreage. The entire report will be published in full in the handbook to Ire issued shortly by the department, but in the mean time is given in pamphlet form for the benefit of the South Carolina farmer. A study of the figures be low will be interesting. General Summary. Appreciating the need of a mid season report on the condition of the cotton crop of South Carolina this Department has attempted to get'the most accurate information obtainable from every comity in the State. He ports have been obtained from men of highest character in all parts of the State and the inforaintion given here in is perhaps as accurate as it is pos sible to secure, by any human meats. South Carolina's cotton crop for the past six years has readied propor tions that now make the average crop in this State a crop of 050,072 billet! worth $42,507,831, and her inauufac. turing development lias grown to such an extent tjiat the cotton mill plants are consuming a total of 701,410 bales giving annual production worth 341,080, finis more closely bringirtg together the cotton manufacturer and t Ik* cotton grower of the State. The most careful tabulation and an alysis of the reports that have been Hlc.dr taking every phase of existing conditions into account makes tin?" condition of the 1007 crop at this daij 80.5 per cent, as against 72 per cent., last year at the same date and a eotf^ dition of 70"per cent, at/the first/of July of this year. There-has -iTccn a steady ?uprovemont in the condition of cotton since Lhe opening of the sea son, flriu marked contrast to the d(,f crioiWion between July and August of last year, but there has not been that* rapid improvement that charac terized the crop in the maximum <*>p year of 1004. The present season, however, opened with practically the snm* < em pern I n ce conditions ns pre vailed in 1000, 1004 and 1003, but the June temperature w-a*4*wrr this year than in any of the years named with the exception of 1903. The July tem perature conditions have been about, ?ho same for each month during the last seven years. The rainfall during May wqs 4.">1 inches, which was not so much greater than that in 1000 or less than that of 100."), but was double what was re corded in May, 1004. The June rain fall was less than that of last-year and not so much more than that o? 1004. The figures for the July rain fall are not yet available, but they will probably be in the vicinity of the avorage figures, for seven years. Un questionably the crop is from two to three weeks late over the entire Stale but the continuing showers and rain falls and the hot weather that has characterized the closing weeks of July have been of most material ben efit. As a consequences of the severe setback during jthe month of May and the backwardness of the crop it may be said that the crop is more th.ui usually dependent on the weather conditions of the month of August, upon the absence of an early killing frost and upon a good picking season. In requesting the condition repor'.s from the various counties estimates ol probable harvest results were also Halved for. The estimator sent in, care fully tabulated and calculated indi cate with good conditions the final production of a crop of approxi mately 0.84,153 bales. This is not giv en as an estimate, however, because of what has just been said of the necessary depcndancc of the crop upon the conditions prevailing during the month of August. It seems cer tain however that the crop this year under no circumstances can reach the figu res o f 1004 or 1905. << Twelve counties, in the State have reported decreases of acreages raid ing trom ;> per cent, to 25 per cent, and four counties have reported in creases of 5 per cent. each. There ?eems h> have been a decrease of about 4 per cent, in the acreage. -Eight counties report having increas ed thoir fertilizer purchases by from 5 per cent, to 25 per cent, and'eight counties report docreases of from II) 1>ct cent, to 25 per cent, six of thcbe bring 25 per cent. Karly in the season there seems to have been considerable replanting noeessary. Very few losses are ic" portod, however, from hail and other storms, and the crop thus far has been remarkably free iroji^ da mage by rust. Shedding or ravages olMnseets These three difficulties have been en countered in small areas only in var ious portions of tho Statp. * papists Miet in Anderson. Anderson, Special. ? The l(V?th annual convention of the Saluda Bap tist ttdbfiation convened here in the First Baptist church Thursday morti in*. Key. W. T? Tate of Bel ton *fa< elated moderator.- About 1,500 vis itors are present, including 150 del^v nates. Th* convention will lirrt through Thursday. Fully 3,009 visi tors m ' /i nnilunn A Reign of Teirorttfts Broken Out Became of/Crimes MOB VIOLENCE IS THREATENED Police Apparently Unable to Copo With the Situation, and Citizens in a Frenzy Attempt to Take Law Into Their Own Hands A Mob Nearly Kills an Innocent Man? Women and Children Dare Nut Venturo Forth After Dark?Police Arrest Three Mob Leaders. New \ oi k, Special. ?Sadie Uazcu Hug ucice of tho State Senator of that name, was attacked by two men Monday near her homo at Williams burg, but i by her lather and her finance before being injured. The police had to protect their prisoners with drawn revolvers. ^ Lynch law nearly prevails here as a result of the crime wave. Louis Concouula, an innocent victim of a, mob, is dying in a hospital. People thought he tried to assault the girl (Jeorge ICeslner, captnrcd carrying a girl into a hallway, was nearly beat *1 '>l,t vvas rescued from 'XbHA**!') hv the police. Tlylo Saluda a palmist, was beaten by a mob 1'or talking to a girl and giving her pennies. He was arrest ed, charged with "seeking to corrupt the morals of a child." 1' at hers aiuYvmothers on the upper Kast Side are frantic and the least cry starts an angry mob ready lynch the first man they think guilty of attacking girls. Nine new attacks on womon and littlo girls are reported to the police Monday and the spirit of mob venger ance has seised the outraged citizens^ of New \ ork. Infurated men audi women, numbering over 10,000, at-, tempted to take the law into their own hands because of the inability of the police'lo cope with the situation. The noose was plac**d Ttround one cul prit's neck before the police inter fered and in another case;,an innocent man was sop-' upon and injured so he hud. tp?<6e taken to a hospital in a dying condition. Three men caught dragging two girls under a bridge were stoned all the way to the police station. Desperate efforts were made to lynch George Kesner for assault -i"g S-year-old Sadie Nanobroeger Three mob leaders have been ar rested, -Women and children are in a panic and thousands fear to go out after dark. Booker, Washington Speaks. Norfolk, Va? Special. ?Booker T. Washington, principal of the Tuske gce Institute at Tuskegee, Ala., was the central figure af attraction ^t the celelmition Saturday of Negro Indus trial Day at the Jamestown Exposi tion. Rain interfcrred to some extent with the celebration, but there were more than 5,000 negroes on the grounds to greet Dr.""Washington and other prominent negroes who spoke. The national negro teachers' associa tion which has just adjourned -nt Hampton, Va.-, attended. A spocial feature of the day was a military pa 'rhde with the entire cadet corps from the Hampton Normal, Agricultural and Industrial School, from whi;*h Dr. Washington graduated, partici pating. Serious Hail and Wind Storm. Detriot, Mich., Special. ? Specials to The Free Press tell of a serious hail and wind storm in Central Mi<?>~ igan. Corn and oats and fruTTT were badly damaged. t.Around Oakley, Chesiyiing and Oricn the loss is re ported to aggregate $100,000. Skating Rink Doorkeeper Ballad. Asheville, N. C., Special.?R. G. Carter, aged 28, doorkeeper at the Wnynesville skating rink, Wayncs ville, was shot and instantly kiNed Monday night by Theodora Davis. The shooting was the out come of a quarrel concerning the ad mission to the rink of one of Davis' friends. Dayis was arrested. ? Massacre by Turkish Troops. Teheran, Persia, Jiv Cable.?OHieial reports say that a massacre of Christ ians by Turkish troops occurred in the Persian village of Ninevah. it is said that'IS men and (>0 women and children lost their lives. The Turks forced the Persian garhson to ovac uate and bombarded the town, mas sacrcing the Christians. Other otli cial reports say that (i,000 Persian troops joined the Turks, threatening TJmriah, Persian Armenia, Where thoro are many Christian mission aries. ' The Southern in Alabama. Montgomery, Ala., .Special. ?There was no action as expected on the part of the Southern Railway in reference to the cancellation of its franchise 01 license. / It is now ssid that develop ments xvill occur on Wednesday. It i* .staffed fs probable that the Southern will atop- ail extra-State business,, which will be greatly felt by commer cial interests and the traveling pub lie. Pfcb&e sentiment ie not backing r Comer V actions. ? -??- - - A RESULT NOT EXPECTED Will Likely Aid in Enfoeiiitf Dispen sary Law. ( hnrleston, Special. Prohibition in (ieorgis is expected t<> contribute materially to a better enforcement of the dispensary law in Charleston. Much of tin* liquor which comes 10 Charleston (in.Is its way hero from Augusta ami Savaunah ami with th<> business at iIicm* cities knocked out, additional ditliculties will be put in t.ho way of the blind tigers getting in their supply. The passage of the (ieotgia law has been u hard blow to the Charleston tigers. The blind tig ers are getting seriously cornered in Charleston with the efforts of Mayor Khett to stop their supply by eontiiuu ally harrassing them by police raids. One well known establishment <m Meeting street closed its doors and it is expected that others will follow. At a meeting ol' the house committee of rtie Commercial Club steps were taken to stop the sale of liquor. The committee will later bring in a report legislating the matter in accordance with the law. Headquarters in Florence. Florence, Special.?According to the report of some time ago the head quarters of the second division of the Ailaritic Coast Line Railway com pany were duly located in this tj'y For the present (Seneral Superinten dent Anderson ami the other super intendents and ollicials, together with their respective olllce fjnen, are using some dwelling houses near the pas cenger station for their ollices. Flor ence is congratulating herself on hav ing many lint; cit/ens added tome time ago that the plaintiff a de seendent of Jeffries Grimes or CiiaM ani, had no negro blood in her veins and that therefore she was entitled ^?attend tiie white schools of Swain HLuuty. It is not thought that the case will be appealed. Wants to Come to Chester. Chester, Special.?Investors seek ing locations and those already hav ing investments and wishing a change of place continue to look towards | Chester.. Mr. W. F. Caldwell, secre tary of thu chamber of comrr.cfcc, has received from a large carriage factory in the West desiring to eomo to South Carolina, inquiring as to what proposition or terms Chester of fers to induce an entercpri*<< of this kind. This factory employ^ 3f> men and has a monthly payrollTof $:i,.r)00. It is therefore well worHi landing. The secretary has gone vigorously lo work and lias secured an option on a very eligible site for the proposed new enterprise. Farmer's Skull Crushed. Roclf Hill, S. C., Spcciul.? Mr. J. T. Ferguson, a prominent farmer whoso home is. near Leslie's station, in York county was brought to the Hock Hill private hospital 111 a peril ous condition. Mr. Ferguson was at tending services at Neoly's Creek Church and after services he was at tempting to hitch up a fiery* horse when tho animal ran, throwing Mr. Ferguson against a tree, it is suppos ed and crushing his skull. Dr. Fen nell and assistants removed the whole right side of his skull and no liopo is entertained at*, to his recovery. Mr. Ferguson was about tit) years of agn and a very roapected citizen. Granite Work Starts on Capital Square. Columbia, Special. ? The commis sion on State hpuse and grounds Inn awarded the contract for the granite work, including the paving work around the main entrance to the cap ital the continuation of the granite steps and the abutments to the ter race to Mr. John J, Cain, of this city for $0,201). The work will be com menced at once aud will bo completed within a very short time. The com mission is also working on other plans for beautifying the grounds, and plans have been prepared for remod eling the entire square so that it will present a very different appearance by the time the next legislature is in session. - Ballard Home Burned. > Hock Hill, Special. ?The cottage homo of Mr. niul Mrs. A. J. Hrillaid situated in the White grove in the extern suburbs burned to the ground at 12 o'clock Thursday night. The fire is supposed to have caught from the kitchen Hue. Being entirely out side the city limits there was no way to tight the flames. The house cost1 $2,000 and there was $1,500 insurance thereon. Only a few pieces of furni ture aHf).-9 little clothing was saved Mrs. liaiUrt'd a most estimable lady, was sick and the scene was a pitiful one. Affects Foreign Companies. Columbia, Special.?The paymout of an annual license of $100t provid ed for under the. act of 1802, does not exempt A forcigu corporation froin a license tax of one-half mill on the gross receipts m South Carolina, pr > vided for under the act of 1004,- ac cording to a decision of the supreme court* The decision is a roost im portant one, affecting the revenues ??f the Slftt* let a considerable amount bOU I H GAHOLlMA WEATHER Weather Conditions for tho Week Eliding Monday, August ft, as Given Out by tho Weather Bureau. The weather bureau of the South Cat i din a section ol' tho Cliittatological Service ol the United States Depart* men ol' Agriculture issues the follow* injj weather bulletin for the past week : / The mean temperature average pre cipitation ami sunshine were below the normal. The week was not so warm as t!io preceding one. The highest tempera tures occurred generally during the lore part of the week when the niaxi muut were WO degrees, or higher, ex cept in the extreme western port ions. The last two nights were unusually coo). The temperature extremes were 1)0 at Conway and Spartanburg on July 30th ,nnd 01 at Greenville on August 2nd. ? The precipitation was unevenly distributed. The rainfall was heav iest in the eastern half of the State where the average was slightly above the normal. A few places iu the wes tern part had excessive precipitat ion, but the average watumuch below tho normal. Heavy rains, high winds and light hail accompanied thunderstorms in the eastern counties on the 2nd. There was considerable cloudiness in the central and eastern portions during the lore port of t lie perce(J age of sunshine was much greater during the latter part espec ially in tho central and western por tions.?.1. \V. I Jailer, Section Director. WILL CROSS THE STATE. Baltimore & Ohio, Seaboard Air Lino and Thos. F. Ryan Are Backing tho Project? Will Aid Greatly in De veloping South Carolina's Resour ces. .J. I'i. Nonnent in Columbia State. (JalYuey, Special.?The citzens gen erally and the business clement very especially of this progressive city riro on the alert and are judiciously doing all iu their power to accomplish theiv share of work in an undertaking which holds much for (Salt'itey and for South Carolina. This is the build ing of the StMtfh & Western railroad, with its western terminal at Kings port, Ky.? ou the Ohio river, with Charleston, S. on the Atlantic coast, via GnlTney and Columbia, as the objective point for a coal distrib uting terminal at this end. Your cor respondent is not at liberty to di vulge his sources of information, but the facts given are absolutely reliab le and can be vouched for. A party of the most prominent and influential citzens of OafTney has just returned from a eonfernce with tho officials of tho new road and when seeh by- your correspondent they, for good reasons, would neither affirm nar deny the situation, a/. will be includ ed in the following statements: That tho road will fcoon bo com pleted seems to admit of little or 1.0 doubt. It is intended to distribute coal all over the route traveled and the surveys include such a routo as will develop valuable territory. Char leston has been selected as the south ern terminal becaiTso of the unrivaled port facilites first and also because of the effect Jhe completion of tho Panama canal .will liavo there. ? It is also argued, in making vh?> leston the objective point at this end, that this will make that city the nat ural outlet of the coal flehls of Vir ginia and Kentucky, a logical sequ ence, one could judge, from tho routo as has been determined upon. .It is claimed here that the iron and miner al deposits of Cherokee county will be speedily and fully developed be cause the new road can deliver co*d here at greatly reduced prices. Tt can be authoritively stated that this is one of the purposes of the pro moters. ? v Atacked Guard With Hoe. Columbia, Special.?An attempt was made by a convict to criplo'or kill a penitentiary guard in order 1 > assist the convict in his effort to cs eape. The convict got away, but for tunately the guard was not sev?o????1v hurt. Capt. I). J. Griflli), superinten dent of the penitentiary, lias offered a reward of !{CjO for the capture of the fugitive. Made and Apology. Columbia, Special. ?State. Super intendent of Education O. B. Martin made a public apology to Governor M. F. Ansel, to whom he used offen sive language in a public interview several days ago because the governor appointed former Governor John C. Shcppard a member of the State board of education without consulting Martin. In his o/igiiml letter Martin culled the governor a "political San ta Claus." Later the supcriptcnu ent is repentant and says that he is sorry for the language contained in his letter. To Vote in OhasUrflald. Chesterfield, Speciol.?The fl^ht against tbe dispensary is being tra??' od with all iMwihle jpint.by. tlw |0? lijbiti?ni?ts.v,fhey now have" Mr. Maple*, a noted tampeVancs lecturer, making :a canfiM of tfceeoaafy. Theae lectures "will tshnfnfclg in grand rally on ne*t Monday at~1 place. There will <*ihf bea, vote cast lit thin as baif 4ha TOUi ? ?*'?? 'agy Railroads Agree to Accept the 1 wo-Cent Kate PENDING FINAL DETERMINATION ?m? . + ? ... 0 Virginia Corporation Commission Enabled to Publish 2-Ceut Rata Law, Which Goes Into Elfcct Not Later Than October 1st, jpentling Final Adjudication of Entire Question by Supremo Court. ltiebmond, Va,, Spoeial.-r-Withiii the next week United States Circuit Judge 1'ritchard will sign a modified dcerco, agreed to by tho State ijud I ho railroads, under which tho cor poration commission will be enabled to complete tho thii'?l atop of its rate- ?' making function by publication MJ the /J-eent rate order .tor four con secutive weeks in u Richmond news paper. Not later than October 1st the new rate will go into effect pend ing linal adjudication of tho entire question involved by tho Supreme Court of the United States. Thus l I4> Commonwealth will havo" accomplished that for which it had , consistently fought without disorder* without defying a Federal-rulinj^^id without employment of "big stick?*"*vv t/u ties. In the Circuit Court of tho United! States for the eastern district of Vir ginia there were filed two papers in tho case of each contesting railroad, constituting an important part of the present,and pending litigation. .Judge Itobcrt It. Piintiss, member of the corporation commission, filed tho demurrer, which sets forth the genor al plea of the defendant commission" in all of the cases, it reads as ?o)ff low 81 4 "This defendant by protestation, not confessing or acknowledging fell or any other matters and things in the said plaintiff's bill to-be true in such manner and form as tho same therein set forth, demurs ^lcreto and for cause of demurrer shows, First. That the said plaintiff has ' not in and by the said bill or stated any such cause as doth or entitle it to any such relief as ^is thereby sought and prayed for. 4' Second. That this defendant ba3? no personal or individual interest im^ the matters and things referred to in said bill. - i ? ? "Third. That the said plaintiff haft adequate remedy at law. "Fourth. That the matters and things complained of in said bill are ' res judicata. % "Fifth. That this court has no : jurisdiction .to hear and determine . this causc for the reason that this ia a suit against the State of Virginia. ? - "Sixth. That thiscourthasno jurisdiction to hear and determine, the cause for tho reason that th* State corporation commission is a court of the State of Virginia arift this court is .therefore without power to enjoin the aaidf commission. "Seventh. That this coiirt has no jurisdiction to determine this catfie*. f?r the reason that if the said com mission is not such a court as thi? court, with power to enjoin, then>th<v publicatin or said commission's order of April 27th, 1907, was the necesr sary part of the enactment of-th* samo as legislation, and this court it* equally without power to' enjoin legislation before it is enacted. "Wherefore, and for divers other !?' good causes of demurrer appeariUg in said bill, this defendant demur* thereto, anil humbly, demands the judgment of this court whether ho shall be compelled to make any. fur ther answer to the said bill; an?fr prays to be hence dismissed with hia cost and chargos in this behalf mofet wrongfully sustained. It may be explained that this is in no wise a ttnal determination ot the trouble, but only a method of get ting tho questions at issuo speedily' before a competent tribunal and hav ing them settled in an ordorly manUar . Farmers' Burn BJg A??r. I Chicago, Special. ? Mefobcd . >bv ? 1 farmers after their big tonring'tar i had accidently run over a * little i boy, 8. B. Chapin, millionaire broker and two women companions, one ?*f whom wan Mr. Chapin'a wife, ac*? said to have been driven from the automobile in the vicinity of Deer field, Il)7~ and forced to stand art4 look on while the ' big automobile was inctaeartcd ihebig bonfire that the farmbra built under it, find thM compelled to walk two milo* throogfc ? the country before thov could find M < i^ommodatuig" driver wHq~ wiKi^T take them to the Moraine Hotel ' ? - , ; ? News in Brief. 1* NinMwv pw?ons"<Htjd Key ? York-'.'