Historical Newspapers of South Carolina

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i ^ -L. WATCH Your Label H B and Keep " Paid Up. JL 4 VOL. 11, NO. 27, SKM1-V ml TRUSTEES NOT ANSWERABLE v'South Carolina Supreme Court Absolves Clark, Jones and. Bryan. RULING BELOW STANDS Seminole Securities Company in Described as a "Baloon Floate<l by Hot Air." The supreme court of South Carolina rendered a decision yesterday in the celebrated Seminole Securities case, by which Wilie Jones, T. S. ~Jlryan and W. A. Clark, well known ^ybiisiness men of Columbia, ate absolved from wrongdoing In connection with the promotion that had the attention of thte people of the State for several years. The majority opinion was written by Associate Justice Gage. Associate Justice Fraser filed a dissenting opinion. The action was brought in Kochland oounty by J. S. Klugli, T. J. Crymems, J. L. Watson and J. F. Dalton against the officers and trustees of the Setnlnole Securities comnfliiv niul apvpral hnnUu "Remotely it Is," says the supreme court, "are the defendants, Clark, Jones and Bryan, personally liable to the stockholders of the Seminole Securities company for $30,000 for a breach of trust. The circuit court found that they were not, "and we agree." PLAINTIFFS PROMOTERS ALSO. The court does not go into a full history of the defunct company, but recites only the cardinal features as affecting the defendants. The company was chartered January 8,1908, with a capital stock of $300,000. The enterprise ran its whole career within 12 months. The court says that the plaintiff stockholders "are amongst those whd undertook to hoist the enterprise." "It is true," says the opinion, "that Garlington and his immediate associates were the initiators of he scheme, but the plaintiffs and all the stockholders stood by like Saul consenting to the death. And they are those now complaining against Clark, Jones and Bryan because the scheme failed." There is no allegation, the court says, that Clark, Jones or Bryan held any stock or took any hand in the suggestion or direction of the Seminole company or received any compensation. The opinion concludes as follows: "We conclude that the stockholders of the Seminole, the plaintiffs amongst them, got up the corporation set it going and named the directors. It was on Its face a ballon floated by hot air. "These directors, who made the contract with the trdustees, had the power to modify it; to buy stock In ^ an existing company, and to permit the trustees to take a part and not all of the stock of an accident company. "If the stockholders In the Seminole have been decel\ed it has been ^ by the action of the men they put forward to represent them, to-wit: "The event proves that those hitherto unknown and untried men hoisted a scheme which neither their stockholders nor trustees under. AM/I U'k i..l< ~K?.* *?./v a i ? ~ i .. oiuuu . anvi ? nu n u?it iui uir iiuit;iy initiative or the plaintiffs themselves and the bold action of the court to which they went might have wrought serious damage. JUDGMENT I1KLOW AFFIRMED. "The Judgment of the circuit court is affirmed. Concerning the alleged effort to mislead the public, the decision says: "That is to say, the president and directors of the Seminole company, 'the managing officers,' put forward ^lael# T/vnao AA/I D??.A ? J vim n, tfvuco auu uk jau iu 111 mirau the public. But the stockholders put forward the managing officers! as their representatives and the scheme of those managers was thus < made possible the act of the stockholders. The stockholders 1 vouched for Oarllngton; may they J now say Clark. Jones and Bryan could not? If therefore. those i stockholders have been caught, It Is i in a trap of their own setting. i "So the question Is. ought the i i trustees, mere volunteers without ' \ pay, and with no interest in i the Seminole ompany, to be made to i respond to such complaints for $30.- i 000 alleged to have been lost by the i jjlljarffo of the trustees? iklUfnti irtHiHil the I iE L 17 1/ i^ U' r v WILSON URGED TO NAME MR, TAFT. Augusta Chronicle Wires Open letter Letter Asking President to Honor Ex-President. Augusta, Ga, Jan.5.?The Augusta Chronicle, in an open letter wired to-night to President Wilson, urget the President to appoint Mr. William H. Taft to succeed the late Justice Lamar. The Chronicle says: "You have the opportunity, Mr President, to do one of the moBl graceful things that ever fell to th( lot o f the Chief Executive of his nat ion; at the same time, one that will redound to the benefit of the nation An act comnarohlp nnlv with tHoi act, Itself, which placed Justice La mar, a Georgia Democrat and a citi zen of August, on the United Statei Supreme Bench. "When the Hon. William II. Taft then the Republican President ol these United States, rose above part) politics and broke all precedents b) appointing to the Supreme Bench this splendid Southern Democrat? even trebly distinguishing himself foi broad-mmindedness and pure patrio tism by, also appointing Judge Lur ton, of Tennessee, to a similar posi iKm, ana men elevating Justin White, an Ex-Confederate solider am Democrat, to the Chief Juticeship? he not only endeared himself to al the people 01 the South whose opin ions are worth anything, but he, als< gave to the country convincing proo of his pure Americanism. "We know the best *>emocrati< thought of the South would applaut such an act; and we should hate t< think that there are Democrats any where in this united country wh< wouldn't. "It is an opportunity, Mr. l'resi dent, not to be overlooked for tin country stands to-day in need of sue' an object lesson in that pure Ameri canism which places patriotism above all political parties." LEVER SUBMITS COLEMAN'} NAME. Recommends Ex-Sheriff for Coluiii bin Postmaster.?Discusses His ('holce. Washington, Jan. 5.?Congress man Lever today made the following statement regarding the recommend at ion of W. II. Coleman to be post master at Columbia: "After very thorough and enrnesl consideration of the whole situation I have today recommended for ap pointment as postmaster as Colum bla the Hon. William H. Coleman a soldier in Hampton's legion, a Ufcd Shirt Democrat, honored and re> spected by all men and thoroughly competent. I believe his selection will mean a flrtt class administration of the affairs of the postofflct and at the same.time will prove satisfactory to the large majority of itt patrons." Further comment than this Representative Lever would not give. PRISONER FORSAKES JAIL A1 WINNSBORO. Thomas Matry Uses Blankets t< Climb to Safety?Charged With Murder. Special to The State. Winnsboro, Jan. 5.?Tomas Matrv a negro charged with the murder of n fellow laborer near Pharr Shoals two month* ago, escaped from the county Jail early this morning by means of suspended blank<|ts. A vigilant search is being instituted for Matry by Sheriff J. M. Maefle and a posse, though all efforts up to a late hour were fruitless. The fugitive, it is recalled, ,was captured by the sheriff of ltechland county and officers in Columbia. The negrh, it is said, then confessed the crime. trustees with 'reckless conduct,' but accqultted them of intentional wrong doing/ The circuit court found there was no proof of fraud on the part of the trustees; and the plaintiffs have not gainsaid that." Concerning the purchase by the Seminole of the Southern Life stock, the court says: "There is no testimony to show that the trustees know or had reason to believe that the price agreed upon for the Southern Life was too much, but on the contrary. They They looked Into the transaction ind concluded, upon the words of reputable men in Morth Carolina, ibout which there ia no dispute, that the thing bought was worth more han the price paid for It.?Columns State. \nca: LANCASTER, S. C. SAYS CONSTABLES I ARE NOT RELEASED I Governor Writes Sheriff Martin Ju 1 That He Expects Officers to , Continue to Work. CITES PEEPLE'S OPINION N' 5 Cfl . Says Prohibition Law Has Hern I Untitled by the People and Must be Vpheld. t SP Columbia, January 6.?Special: I . Advised by Attorney General Peeples| as ? that the section of the dispensary law po providing for the appointment of con- ,i|| stables was not repealed by the ad- ni ' option of prohibition, and that such na r constables as held commissions from he . the Governor when the prohibition tri 5 law went into effect on January 1 (jj were still in effect, and also that jn r | magistrates still had the right to is- th I suo warrants, Governor Manning ni | tonight addressed a letter to Sheriff Martin of Charleston, enclosing hint ui , copies ol' the Attorney General's wj I opinion and telling him: "I desire that there be no let-up whatevei In j ^ j the activity of the officers. Our duty (ij is plain under the law and the law , is supreme." , > 1 st f In another part of this letter to tj the sheriff the Governor says: b< "I desire that the constables now j on duty in Charleston continue the j work they have already begun .vich even more vigor and vigilance. The 111 . law has been enacted by the repre- '" 1 ti sentatives of the people in the General Assembly. The people have m a ratified the law by a tremendous ma- 1,1 j jority. It is now clearly the duty of lli the officers toenforce this law. The , constables appointed by me have, under the ruling of the Attorney Gen-!'1 1p eral full authority under the Code * to enforce the law. Te magistrate has full authority to issue warrants V for the purpose of assisting the officers in the enforcement of thi9 law." POUR OUT CONTRABAND. The Attorney General also advise.l the Governor that the law required t sr the sheriff to pour contraband liquors , and beer into the gutters. _ Magistrate Cooper at Port Royal ^ , wrote the Governor to know what er authority he had over steamers ply' ing between Savannah and his port regarding the liquor laws, as they ran their bar while in the ocean, but a j closed it down when they arrived in <a port. The Governor referred the 'n matter to the Attorney General, and r ?, he advised that the magistrate had . ItirioH tpUon * -* ' . u?c? in** siraincrs wnen I wihin the three-mile limit, and if he r( -I St 1 had knowledge that while within the ^ limit they were violating the State prohibition law he could proceed m against them. ar Beyond the three-mile limit, the m' Attorney pointed out, the authority m ' of the State did not reach, and wheu fri the steamemrs got that far away from the shore they could do as they th > pleased, as far as the South Carolina th laws were concerned. B< th ; Fire in State, War und Navy I>e| partnient Building Caused Mi- ?!( nor Damage. i -'8 , Washington, Jan. 5.?Fire early p tonight caused minor damcge in the! g , basement of the great building thai ' houses the State, War and Navy De- ^ partment. The Are damage was practically confined to odds and ends stored in the basememnt by the building Janitor. The loss was estimated at about $2,000 but before I d ? l i * int; ncwiivB uttu uecn orougnt under control dense clouds of smoke were pouring through the long corridors snd out of the windows. ap Stories of incendiarism were cir- Su ciliated, but officials after Investlgatlon said spontaneous compustion tic generated In a pile of old rags started *a the blase. Valuable diplomatic documents mf military records, and other priceless papers, including the original copies v* of the declaration of Independence da and the Constitution are stored in na the building. It Is separated from Ov the White Honse by only a narrow to street. ?tl No China Government SnppreMM Paper. Peking, Jan. 6.?The government th< has suppreaaed the Peking dally pr< newspaper Tsing Choupao at the re- oci quest of Kki Hioki, Japanese minis- pol ter to China, because the paper pr published charges that Japan is Ta promoting the revolution. sat STER JANUARY 7, 191(). iAVES PROBLEM FOR LEGISLATURE idge Sease Refuses to Grant Union's Application for Receiver. 0 RECEIVER FOR G. M. I. in Be no Administration of Affairs Until (Jrnrral Assembly Meets. eclal to The State . Spartanburg, Jan 5?Judge ThomS. Sease tonight declined to apint a receiver for the Union county spenstry and signed an order diseasing the temporary receiver imed byhim on December 3 0. He dds that there can be no adminisation of the affairs of the Union spensary until the legislature acts the matter, and therefore .estores e situation as it was before ihn after was brought to his attention ' a representative of the city of riion, who asked for a receiver to Ind 11 p the affairs of the institution. He says the board of control may I ive shown had judgment in purlasing such a large stock of liquor 1 the eve of Iho closing of the initutiou, hut its administration of e atYairs of the dispensary has not' sen such as to warrant any interfer-1 ice with the situation. | This means that the disposal of e liijuor now on hand in the several iiinty dispensaries will he left en- I rely with the legislature, which i eets next week. No provision was ade for handling the supplies on ind at the closeETAOhtngaHRDI, ind at the time for the dispensaries ere closed so the question is one iat win ..... ..?*c 10 ob ueciued by the gislature. WOODWARD LEADS BY &U00 eturns Indicate That Virtually a Straight Ticket Was Voted Wednesday. Atlanta, Ga., January 5.?Coniete unofrieial figures of to-day's >ecial election showed majorities approximately two to one against e recall of Mayor Jaames G. Wood- j ard and the five police commissions. Mayor Wodward, out of a total of 67!) votes cast in his case, received majority of 2,900 against the roll. in the balloting on the recallg of the mayor 6,299 votes against s recall and 3 3M _ I1JUH- | an the number who signed the pe- j .ion, voted for his removal. The turns indicated that virtually a raight ticket had been voted. The vote on the recall of the five embers of the police commission id the mayor, who is an ex-office ember, was asked because the comission reduced James L. Beaver om chief of police to a captaincy. ;aver resigned rather than accept e reduction. His friends claimed at he did not have a fair trial. *aver was accused of not obeying e orders of the police board. The complete vote on the commis SUV. A ? UO. James W. Knglish, for recall 3.5, against recall 6,232; W. P. lin, for recall 3,317, against recall 206; R. T. Pace, for recall 3,283, ainst recall 6,224; R. C. Clarke, j r recall 3,272, against recall 6,-i 5; A. R. King, for recall 3.28S, ainst recall 6,222. Wilson Wants First Class .Man. Washington, Jan. 6.?President! Ilson told callers today that before pointing a successor to the late preme Court Justice Lamar, he tuld thoroughly canvass the situa ... ...... ncm ai suint'MiH ui deletions with candidates to present. He said he wanted to got the best in in the country for the place. Telegrams and letters endorsing rious candidates were received toy at the White House in large tubers and Senators Simmons and erman of North Carolina, called tell the president of the quallflons of Justice W. R. Allen, of the rth Carolina supreme court. Senator Nswlands, who also saw ; president, said he thought if the ?s!dent desired to appoint a Demrat, secretary Lane should be apluted and that otherwise, former1 psldent should be named. Mr.' ft has been endorsed in many mes- i les received at the White House, j - ? t % - K,. vi ne\ INFORMATION ASKED ABOUT MEXICO. Fall Resolution Culling on President for Information At>out Mexico Passed Senate. wubningion, Jan. 6.?Mexico furnished the vehicle today for another discussion of foreign relations on the floor of the Senate. It preceded the adoption without opposition of a resolution offered by Senator Fall calling on President Wilson for all available information bearing upon the recognition of the Carranza Government by the United States. Senators Fall and Lodge spoke in support of the resolution, insisting that the President should inform Congress fully oncerning the situation before the nomination of an Ambassador to Mexico was confirmed. Senator Williams diverted atten tion from Mexico in the course ol the debate by commenting at length upon questions arising from the European war. He said an embargo or exports of mmunitions would "ham string" the United States more thai any other first lass Power. Senator Borah wanted to knov whether the Mississippi Senato thought that after the war some Eu pean Government would attak tin United Sates out of pure spirit o | "I am ranot anticipating an attacl | in the first place," Senator William j replied. "I am anticipating bully I ing first and 1 am anticipating tin | fact that the American npnnin w?i I not consent to he bullied." lie declared there would be plenty quarrel about, referring to thte re p?ated torpedoing of uuarmei merchant vessels by one Nation am similar acts by he Ally of that Natlor after questions involved apparently had been settled by diplomacy. "They are in the field of diplo macy now and the President of th< United Sates has very wisely at tenmpted to keep them in the fieh of diplomacy," he added. "I an sorry for one that Congress had t< meet right imw. I think the man agement of our diplomatic affair would have been more wisely handlei by a man long-visioned and deep visioned and tender-visionod. lb be all three of them. They are ap to be mismanaged when they ara< made a game of battledore and shut tleeock on the tloor of these twi houses even when T am m on< who plays the game." MKTHKA HETl'ltXS EAKLY NK.Vl WBBK. ..Will Return in Time for l.egislsi live Session. Andrew J. Betliea, lieutenant gov ernor of South Carolina, who baj been abroad with the Ford peace party, is on his way to America ant will probably reach Columbia abou next Monday, in time for the open ins or me legislature Tuesday. Mr. Bethea hoped to get his pass port amended so as to permit him te return via Liverpool and enable him to see something of the belliger ent countries and make a quickei trip home. Mr. Bethea writes from Christian ia under date of December 20: "We reached here Sunday morn ing at 4 o'clock. The trip to this city was one of the most glorious sights I have ever seen. The peace expedition has been well receiver! in Christiania and we find the pen pie interesting and very much like Americans, except tliey are not sr much up-to-date. We have seer many wonderful things here and I shall have something to say upon my return."?Columbia State. (Ol.l) WAV K COMING KAST. Weather Ihireau Orders Warning' Hoisted. Washington, January 5.?Tin weather bureau announced tonight that the cold wave in the Middle WfiSt Will fni.tin.io noo. ? - ? .. .. ... wmviuuv cam U11U ? III CXtend Thursday into Tennessee, North ern Mississippi and Arkansas. Cold wave warnings have been ordered for all districts east of the Mississippi River as far sou'h ap Tennessee and for Arkansas and Eastern Oklahoma. Storm warnings are displayed on the Atlantic coast from Washington, N. C., to Eastport, Me. V KAISER MICH BETTER. Berlin, Jan. 6 (via London).?It was reiterated today that the persistent stories concerning the serious illness of Emperor William were absolutely unfounded. The emperor Is recovering rapidly from a minor Illness and has been ont recently. 1 J W v i WEATHER I ? M m. ^ I Local rain and J m I colder Friday. I I Saturday fair ex- I B I cept rain near I W I the coast. 1 $1.50 A YEARwilson on pan-america policy of jmnment The Nations Should Guarantee Each Other * m. vntivcii in" dependence. ON . MONROE DOCTRINE United States Will Maintain It on Her Own Authority?Attitude Towards Others. Washington, Jan. 6.?The United States Government's Pan-American policy was revealed indetail by President Wilson tonight in an address before the second Pan-American Scientific Congress. lie explained . the proposals submitted to South and ( Central American diplomats here last week by Secretary Lansing as a bo( sis for an effective agreement be| tween all the renuMi"- "* <ji nit- westJem Hemisphere "not only tor the 1 international peace of America, but the domestic peace of America." This program, as outlined by the President, proposes that all the American Nations shall take ron\certed action as follows: Guarantee to each other absolute political independence and territorial integrity. Agree to settle all pending bounj dary disputes as soon as possible by amicable processes. ? Agrae to handle all disputes aris. ing among theni by patient, impar1 tial investigation and to settle them t b" arbitration. i Agree that no revolutionary expe>' dition shall be outfitted against or supplies for revolutionists shipped - to neighboring States. He said the Monroe Doctrine always had been and always would bo 1 maintained by the United States on 1 its own authority, but that the doc1 trine did not disclose what attitude " the United States would assume toB wards other Nations ot' the hemis' phere, and consequently the other * Nations had been distrustful of it. 9 In this connection the President t said: ? "The Monroe Doctrine was proelaimemd by the United States on her * own authority. It always has been maintained and always will be maintained upon her own responsibility. P But the Monroe Doctrine demanded | merely that European Governments ! should not attempt to extend their . political systems to this side of tha Atlantic. It did not disclose the use . which the United States intended to s make of her power on this side of ? the Atlantic. It was a hand held up 1 in warning, but there was no promise t in it of what America was going to . do with the implied and partial protectorate which she apparently was . trying to set up on this side of the > water and I believe you will sustain > me in this statement that it has been . fears and suspicions on this sr>nr<? j which have hitherto prevented the greater intimacy and confidence and .[trust between the Americans. The States of America have not been . | certain what the United States would *; do with her power. This doubt s i must be removed. | i "And latterly there has been a I j very frank interchange of views be I twccn the authorities in Washing'.ton and those who represented the > other States of this hemisphere, an i interchange of views charming and inopeiul, because based upon an increasingly sure appreciation of the : spirit in which tliey were undertaken. These gentlemen have seen that if t America is to couie into her own, inl!to her legitimate own, in a world of peace and order, she must establish ! the foundations of amity so that no cvne will hereafter doubt them. "I hope and I believe that this can be accomplished These conferences j have enabled me to foreseen how it i would be accomplished. It will be accomplished In the first place by the States of America uniting in guaranteeing to each other absolute political Independence and territorial . Integrity. In the second place and as a necessary conrollary to that, i guaranteeing tho aoraomont j tie ail pending boundary dispute* among themselves should they uni happily arise, will be handlel by patient, impartial investigation and settled by arbitration; and the agreement necessary to the peace of the America*, that no State of either ^^^l^U^will permit revolutionary