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/ ^? ^ v . . YO R ^^^imwb^emi-wkkkl^ l m. qrist 8 sons, Publishers.} ' S ^amilg $ttrspa|r?[: ^or th? promotion oj thfl $oliM^?o<iat,^grieuttural and Commercial Interests of th< fleopt*. | ESTA BLISHED 1855. YOHKVILLE, 8. O., FRIDAY, JULY 2ti, 1913. JsTO. 6P7 THE RICHLAI ? Tremendous Crov v At the As was generally anticipated campaign day in Columbia last Friday showed feeling to have reached a high a pitch. Both sides had made every effort to have their respective followers out in force, and both sides were successful. There were two meetings. The regular campaign meeting in the opera house, during the day, and a big Blease ^meeting from the court house steps at flight. All the candidates spoke at the regular meeting; but only Governor Blease at the night meeting. The otherp were told that they would be welcome to speak if they saw proper to do so, and the people cared to hear them; but nobody accepted the offer. There were about 1,600 people in the opera house, and the News and Courier puts the capitol steps crowd at 7,500 while the State estimates it at 1,500. There seems to have been a concerted effort by each side to conduct the opera house meeting: so as to give - * the impression of advantage, etc., but as nearly as can be Judged from the newspaper reports both sides were pretty evenly matched. There was an effort to give Judge Jones a rough house. Governor Blease sought to interpose in behalf of quiet. Jones men objected to anything looking like the governor could do more than the chairman in such a matter and demanded that the governor sit down and be put out. The chairman undertook to impress the crowd that he was running the meeting. There were cheers, hisses and general confusion for quite a while; but at last order was restored and things went on smoothly enough except for the hot shot thrown at each ?% other by Jones and Blease, Lyon and Evans. Evans repeated all of his roughest charges against Lyon, and Lyon denounced him as usual. Both were the recipients of flowers. Judge Jones. The address of Judge Jones as subsequently put in condensed form by him was as follows: "South Carolina, the state you call yours, the state for which your fathers have fought in four wars, is on trial. You are to decide her fate. What I say may help you to decide right. Think it over. ^ "We are to elect a governor?a governor to represent you and your children, to make laws and to enforce them. Do you-want a friend of the people, an enemy of the criminal and grafter, or one who has pardoned more criminals than any other governor % South Carolina has ever had? A man who has acted in defiance of law and order? Whose message to the legislature was so vile and vulgar that that body, by an overwhelming vote, struck it from the record?something that has never been done before in the history of the state? A man who poses as a friend of the poor man and an enemy to lawless corporations, but whose vote * and whose acts show he cares nothing fnr the poor man and has only protect ea ine cnminai ana uic gnuin "Blease voted not to investigate the dispensary. (Senate journal 1^907, pages 68 and 69.) "He voted not to take up and conA sider the bill supplying money to prosecute the grafters. (Senate journal 1908, page 573.) "He voted against a bill to help the state in the Federal court in her desperate fight with the grafters (Senate journal 1908, page 253.) The state finally won and recovered back many thousands of dollars stolen by the ^ grafters. If the other legislators had voted with Blease, would the state ever gotton their money? The echo answers wjien, and how? "Finally, when he became governor, he asked for a committee to investigate the Ansel board. The legislature passed the bill but gave the committee * ppwer tp investigate charges against any one. That was just what Blease did not want, so he vetoed the bill. The legislature passed it over his head; and that is the same committee that has been hearing charges in Charleston about blind tigers paying 33,000 a fnonth to*the chief constable of the governor, and the governor still stands by the chief constable, Do you wonder that he vetoed the bill? Only one V grafter, John Black, has been convicted, and Blease pardoned him before he ever got in sight of the penitentiary. Oh, yes, he stands by his friends? hasn't he stood by the grafters? "Governor Blease voted not to tax the income of the rich (Senate journal 1907, page 452.) * "He voted to shut the school house door in the face of the child of the man who is too poor to pay his poll tax. (Senate journal 1906, page 463.) "He voted against the bill providing for Federal help in road building, which would have made the road tax lighter on the poor man. (Senate journal 1907, page 337.) w "He is in favor of abolishing the office of bank examiner, thus leaving it easy for an unscrupulous and dishonest banker to rob the small depositor. "He vetoed the appropriation of $4,133.64 to pay for the medicine furnish^ ed for the poor man's child in case of diphtheria find smallpox. "He favored putting a burden of $900,000 on the taxpayers to improve the state house, which everybody know is one of the finest state houses in the country. "Is he the poor man's friend? He will tell you so, but does his record show it? "In 1892 he voted for free passes, and for free express and free telegraph franks to legislators. (House journal 1892, page 257.) "In 1907 he voted to let the railroads keep it secret who were carrying free passes. (Senate journal, page 311.) m "In 1907 he voted against the bill requiring the railroads to reduce passenger rates, as they were doing in other states. "He told President Finley of the Southern railway that he would have a friend in the mansion when he, (Blease) became governor. When he got to be governor, whom did he take to live with him? He took Ben Abnev, the chief counsel of the Southern railway company, the bell wether of the whole flock of corporations. Blease brags about Ben Abney having made a W million and a half dollars, and says ne is the smartest man in the state. Wasn't it smart of him to go and live with the governor ? No wonder Blease tells you the railroads gave Abney a raise. ^ "He had to select a private secretary and a clerk. Did he get a farmer's boy or a poor man's son? No, he went to the railroad offices and got two railroad clerks; Rowland, disbursing auditor for the S., N. & L. railway, and Blackburn, a clerk from the Southern railway. So the railroads have friends both at the governor's office and at the governor's mansion. Does he ever get awa.v from the Influence of railroads? Do these clerks and Ben Abney ever whisper in Hlease's ear when the railroads want favors? "No governor has ever pardoned so ^ many crooks and criminals. He has pardoned and paroled nearly 400. He pardoned Rudolph Rabens, convicted of receiving stolen goods as the friend and ally of the yeggman and safecracker. "He pardoned Wash Hunter, whom 4 he had defended and who had killed a crippled man. "He paroled Stobo Young, convicted of being a grafter in the Seminole Securities comi>any. The parole Is until HD MEETING. rd and Hot Times Capital. October. Who will Young: work for for governor? "He pardoned Glenn, who killed Rhoden in Batesburg. Glenn saya he paid Geo. R. Rembert $500. Rembert is B1 ease's floor leader in the house. Did that $500 pay Mr. Rembert to explain how Glenn was innocent or did it pay for Mr. Rembert's influence on Gov. Blease to liberate a criminal?" Mr. Rembert who was present denounced the statement that he had received $500 as false. Judge Jones said he could furnish proof that Glenn said so. "He released the Davis brothers and Sumter, three negroes who beat and robbed a white man and left him tied to a tree. "He pardoned a negro in Lexington county who burned Dr. Crosson's barn. Dr. Crosson had opposed the governor. "He pardoned Milller, who wantonly shot into the house of John Head in Lexington county in 1910 and wounded Mrs. Head. DaoUmUK an/1 GohttUv X1K7 p<U UICVI t?CVI\n nil ?IIU K^VdUIVU! Yankee pickpockets, who had tried to bribe a deputy sheriff with $200 to let them escape. The governor turned them out on the eve of the state fair. "He paroled another Yankee named Fleming, who had shot down without excuse the sons of two Confederate veterans in the town of Springfield; and yet he excused his pardon of Hasty, because he said he had shot' two Yankees, whom the jury by their verdict said were protecting two defenseless girls in a hotel at GafTney. "Remember, all of these criminals he has pardoned and paroled and hundreds of others. 'Twelve South Carolina Jurors and an honorable Judge have said they were guilty and should be punished. One of these pardoned criminals may shoot down you or your brother or your son, In the hope that even if he is convicted, his friend, Gov, Blease, will pardon him. Did the softhearted governor stop to think of the widows and the fatherless children of the men who had been murdered, when he released these men? Did he stop to think of law and order and the good natne of his state? "Has he not brought the good name of his state into disrepute? He insulted the governor of Georgia and said he did not have sense enough to raise watermelons. He has stigmatized Woodrow Wilson, the Democratic nominee for president, as the tool of corporations. He has made the citizens of his state ashamed when they go abroad in the land, and now he is asking you, by your votes, to indorse his administration. Can you do it and be fair to yourselves? Think it over. Governor B lease. The following summary of Governor Blease's speech is from the Columbia State: Gov. Blease made one of the most vindictive harangues he has ever delivered, his anger being bitterest against Judge Jones, the State, Thos. B. Felder, W. J. Burns and the legislative investigating committee. It was not, however, so remarkable a campaign deliverance, in substance or form at his speech at Bamberg recently. He said that he had asked his friends to give Judge Jones a hearing, but he did not see how Judge Jones or his friends could expect a hearing when Judge Jones was attacking him, misquoting what he had said and misconstruing his actions: He could only explain Judge Jones's course by recalling that as speaker he made the "blackest record a white man has ever made in South Carolina." The governor assembled into a group Judge Jones, the management of thp State, T. B. Felder, composed a set mat is unworiny or me legislative committee, and said they composed "a set that Is unworthy of the respect of the decent people of South Carolina." Where, he asked, was Ira B. Jones last Sunday, when he himself was at home in bed, resting? Judge Jones, he said, was seen on the street in Columbia with two members of the staff of the State, who were also seen with two drunken men whom he had expelled from the governor's mansion. Judge Jones, according to the governor, came out on the streets with "that dirty" pair after they had visited tlje office of the State and written "lies about the governor. "I suppose," said the governor, "that Judge Jones was in the State office getting that speech written that he has read here today.1' Defending his pardon record, the governor said he was criticised for setting free three negroes who robbed a Jew peddler. Clemency was granted in this case, he said, on the recommendation of Christie Benet of Columbia, former solicitor; "Mr. Christie Imports ed-from-AbbevJlle Benet, Alex. Haskell's son-in-law and Judge Jones's campaign manager in Richland county." "Judge Jones says he voted for Ir? by," the governor said, "but read what Irby said of John Gary Evans, chairman of the Jones executive committee" ?and the governor read from a scrapbook a description of Mr. Evans in which the words, "traitor," "coward," "knave," etc., were freely used. The governor said he would stay at home if he had been bamboozled out of as many decisions as Jones has been bamboozled out of by Ben Abqey through Jones' son, Charlie. Numbers of telegrams, letters gnd long distance telephone messages, the governor said, had been received at the executive offices recently, containing assurances of confidence. One of these telegrams, which he read, came from Greer, in Greenville county, $nd bore seventy-five signatures. He declared that if he had been "repudiated" by as many audiences in the counties visited by the campaign party ss had "repudiated Jones" he would quit the race. I lit? guvrrniM 9 auurraa made up of paragraphs with which the public is familiar through habitual use of them by this si>eaker, their subjects including danger of corporation power and various things which the governor views with alarm, or to which he l>oints with pride. Barney Evans. Without calling names, Barnard Evans, candidate for attorney general, referred, for the first time since the Barnwell meeting, to the voucher for $13.71, issued to Mrs. J. L. Lyon, wife of Judge Puller Lyon, in payment of clerical services rendered to the Murray board. It was mentioned of Mrs. Lyon in this connection which caused the attorney general, J. Fraser Lyon, to halt Evans in his speech at Barnwell. At the Columbia meeting Evans said he was not responsible for the inclusion of the names of "their wives and daughters" in "this dirty book," i leaning the report of the Murray board. Evans said that only $372,000 of the $1,365,000 realized from liquidation of the state dispensary had been placed in the state treasury to the credit of the common schools. Already, he declared, $153,950 had been disbursed for lawyers' fees and expenses, and yet "the harpies are still hovering around the carcass." One Item of $35,000 was for "supplies." What need of "supplies" In winding up this institution? "Utter disregard for the rights of the school children of South Carolina" had been shown, he averred. In the winding up of the dispensary's affairs. He had been denounced, he said, as a liar, a thief, a murderer and a forger; but that was not argument. "I don't say they are dishonest," he exclaimed, "because I haven't the proof; but if you put me into the office of attorney general, I will expose to you the grandest band of kid glove thieves you ever heard of. I have the proof on one pilferer. I will read to you in a few days that which will wreck the ears of the most optimistic. "I am not responsible," he said "for them taking their wives and daughters into this dirty book. Yet, at Barnwell, when I read vouchers about that fact, it was heralded to the world that I had a pistol in my pocket, because I stood ready to protect myself. I am not a swashbuckler, but the man? who lays his hand on Barnard B. Evans on the public stump in South Carolina will take them off quicker than he laid them on." Why, he asked, had the attorney general brought the Southern railway merger trial before a jury in Richland county, where he had often said ha could not get a fair verdict, rather than before a court of equity, as he had the option of doing? He did not say the attorney general had sold out to the railroad, but it looked "fishy" to him. Why had the attorney general allowed a fee of 150,000 to be paid to B. L. Abney of Columbia, in the Richland Distillery case, "for signing a receipt?" Evans reiterated the statement he made at St. George, that W. J. Murray of Columbia, chairman of the Ansel commission, had authorized Evans to proclaim publicly that Thos. B. Felder was retained in the dispensary liquidation over Dr. Murray's protest. Dr. Murray, the speaker said, met him on the street opposite the Columbia theatre, nut his arm over his shoulder, and said: "Barney, I have no confidence In fz-kl /I or T Kallaira klivt rv Ko o rl I a _ Ill r riUCI , A lUUI iU UV U. UIOhonest man. He was put on over my protest." Evans asked if Dr. Murray wad in the audience. There was no response. He said that if he had misquoted Dr. Murray he would be glad to have him say what was the conversation between them. "Barney, don't go," shouted persons in the crowd, as Evans left the stage. There was considerable applause for Evans. Several bouquets were tossed to him by women ocupying a proscenium box. Fraser Lyon Speaks. Eraser Lyon, attorney general, was greeted by cheers and the clapping of hands, intermingled with catcalls, hoots and one or two hisses. "It seems to me," he said, when a sibilant hiss arose "that I hear from that comer the voice of a dirty grafter." No more hisses tame from that quarter. Mr. Lyon deprecated the necessity he was under of mentioning a man like Evans, "whom you all know," he said, "to be a criminal." Evans, he said, gave utterance to that which he knew to be "infamously false," when he alleged that the Murray commission and the attorney general had failed to make proper accounting for funds entrusted to them. It was, he said, "absurd and preposterous" that "this miserable creature" should be allowed to make such lying charges on the stump from one end of the state to the other. There was not a scintilla of truth in Evans* assertion that B. L. Abney had been paid a fee of $50,000. Evans had also said the attorney general had never conducted an Important case without special assistance. That was another falsehood. "Only today," said Mr. Lyon, "your supreme court has handed down a decision, based on my argument, holding that the proposed state warehousing system for cotton is unconstitutional, and by this decision that institution, certainly for the present has been destroyed." Mr. Lyon recalled also the British and American Mortgage company case, in which the supreme court on an argument -he presented reversed its own decision, thus re-^ptablishlnga tax which had been disallowed, whereby the state benefits each year to the extent of $100,000. Several times Mr. Lyon referred to what he considered the "effrontery" of "this creature"?meaning Evans?in appearing "before a decent aiTdience." "Many of you in Columbia know him," he declared, "for the crook and criminal that he is." Mr. Lyon then reiterated in detail the charges made by him at other meetings, concerning two forged notes discounted at th? Carolina National bank in Columbia a suit against Evans by a bonding company to recover premiums Evans had cqU lected in a fiduciary capacity, and a check, sent by an Augusta firm for a client, the proceeds of which Evans is alleged to have fraudulently appropriated to his own use. "I hp,ve right here," Mr. Lyonusaid, "certified publip records, to prove that he is a dirty. contemptible fprger, that he was indicted fpr forgery in SaJuda county, and got off on a technicality, because Solicitor Timmerman failed to write into the indictment the name of the man defrauded. Isn't he a beautiful specimen?" Mr. Lyon said that in the Augusta check transaction, Geo. R. Rembert, an attorney of Columbia, threatened Evans with a criminal prosecution, and Evans' brother, John Gary Evans, made good the check to save Barney Evans from Jail. "Hasn't the Democratic party sunk to low depths," inquired Mr. Lyon, "when its rules are such as to permit thieves and forgers to run for the high office of attorney general?" Mr. Lyon said he had never conducted a gum-shoe campaign and he was not disposed to be mealy mouth, ed with persons in the audience who sought to deny him a hearing. He realized, he said, that while a majority of the people of Columbia were heartL ly with him, there were many in this city, grafters or friends of grafters, who hated him. He was proud of their enmity, and he trusted it would be his pleasure, as attorney general, to apply the lash of the law to others of their class In due time, when he caught them breaking the law. There was prolonged applause when Mr. Lyon retired. Several persons in the rear of the hall cheered for "Peeples." Lawyers and the Pardoning Power, ?This paragraph is from the Yorkvllle Enquirer: "And from a professional standpoint, it would appear that a pardon proposition is as legitimate a source of fees as any. And really if a man has influence with the powers that be, why shall it be necessary for him to be an "attorney," before he can commercialize it? If it is a fact that Col. Stubbe sold a pardon, was it any more wrong for him than it would have been for Vlnh.iloi A twl nft?r nil Is the Nichols case any worse than the case of any other attorney, who Knew that his clien was not worthy of a pardon? Wonder what the dictagraph might have shown in connection with Felder's successful efforts to secure the pardon of Morse?" The view of The Enquirer has come to be too general. It is another symptom of infected public opinion. Beyond preparing the official papers and presenting the case of a convict to the executive on its actual merits, an honorable lawyer has no right to go In presenting a petition fbr pardon for a client. The lawyer who appeals to an executive to over-ride the verdict of a Jury and the sentence of the court on the ground of friendship between himself and the executive scandalizes and disgraces his profession. Of that plain fact there can be no question and if the profession tolerates a "pardon practice" based on friendships between lawyers and executives, then the profession is, in that respect, degenerate. So much Is beyond debate. An executive who would not kick out of his office a pleader for a pardon, whether a lawyer or Individual, who set up that the executive Is under personal obligation to the pleader, is untrustworthy. Money is not the only bribe that may be offered an executive. The offer of a political influence is no less a bribe. It is a more dangerous bribe than money because it is one not so easily detected i and fastened upon the bribe-taker.? Columbia State. ^iswltanrous grading. THE WAREHOU8E ACT. Summary of Opinion in Which it it Declared Unconstitutional. Chief Justice Gary wrote the decision of the supreme court, declaring null and void the cotton warehouse act. The opinion was concurred In by all of the justices sitting in the case. The title of the act was the state of South Carolina, e* relatione, J. Fraaer Lyon, attorney general, petitioner, against J. W. McCown, chairman; T. L. Clinkscales and John S. Horlbeck, as state warehouse commission, respondents. The respondents were represented In this case by John L. McLaurln of Bennettsvllle and W. F. Stevenson of Cheraw, The opinion by Chief Justice Gary says: "This-is a petition to the court, In the exercise of its original Jurisdiction, In which the petitioner prays, that an act of the legislature entitled 'An act to create and operate a state warehouse system for storing cotton and other commodities' be declared unconstitutional, and that the respondents be enJoined from attempting to enforce its provisions. "The return of the respondents to the dental or necessary to tne exercise 01 the police power. "What has just been said disposes of this ground. "(c) It provides for an Issue of bonds, and an Increase of the public debt, without first submitting the question as to the creation of such new debt to the qualified electors of this state at a general election, In violation of section 2, article 10, of the constitution. Debt of tho State. "Section 2, article 10, of the constitution: " 'To the end that the public debt of South Carolina, may not hereafter be Increased, without the due consideration and free consent of the people of the state, the general assembly Is hereby forbidden to create any public debt or obligation, either by the loan of the credit of the state, by guaranty, Indorsement or otherwise, except for the ordinary and current business of the state, without first submitting tie question as to the creation of such new debt, guaranty, Indorsement or loan of Its credit to the qualified electors of this state, at a general state election; and unless two-thirds of the qualified electors of this state voting on the question shall be in favor of Increasing the debt, guaranty, indorsement or loan of Its credit, none shall be created or made.' "There are two reasons why this ground must be sustained: "(1) The building of warehouses Is not one of the ordinary functions of government; therefore, the issuing of bonds for such purpose can not be properly regarded as embraced within rule to show cause why the prayer of the petitioner should not be granted was formal and merely submitted the questions involved to the consideration of the court "A copy of the act will be sent out In the report of the case. Powers of the State. "The circumstances under which the court should declare a statute unconstitutional, the police power and the unlimited power of the legislature, except when controlled by constitutional provision, are discussed at length in the case of the State vs. Aiken, 42 S. C., 222, and the case renders unnecessary the further discussion, in a general way, of those questions in this proceeding. "The grounds upon which the petitioner contends that the act is unconstitutional are designated by the letters a, b, c, d, e, f, g and h and will be considered In regular order. "(a) It appropriates public revenue for private purposes and provides that the state, through her public officers engage in an enterprise in no way Incident or relating to any governmental function or matter, the warehouse system provided for therein, being solely for the benefit of private Individuals and violative of section 2, article of the constitution. "The ultimate solution of this proposition depends upon the question whether the said act can be construed as a police regulation. "The title of act shows that Its object was to create and operate a state warehouse system for storing cotton and other commodities. "It will be observed it was not the intention of the statute that the state should become the owner of the cotton or other commodities, deposited In the warehouses, nor that the state should operate the warehouses for the purpose of profit, Object of th? Act. "The object of the act may be stated In a few words. The cotton growers In + K{*1 on/1 lha marnhanta fn whom lino oucavp auu b|iu vfti^*?vKi v-* v* ?*" ?? a large portion of the staple la delivered In payment of Indebtedness for supplies consumed In lta production, ore, as a rule, unable to hold it, but for a short time, after the crop Is gathered and a force sale means a sacrifice of profits to them. Knowing this fact certain speculators, by combination of capital and manipulation of the money market, are able for a short time by reducing the circulating volume of money to depress the cotton market and fix an unreasonably low price for the cotton crop. They would not, however, be able to control the price, but for a short time and the object of the statute was to give protection to the public during this period from an enforced sale of the ootton crop. We deem It unnecessary to discuss at any length the manner In which this unreasonable depression In price affects not only the cotton grower, but the people generally, as well as every department of the government and every governmental agency In the state. In passing this statute, the state was clearly within the exercise of its police power, which in its last analysis simply means the state's right of self-defense. "The case of Barfleld vs. Mercantile company and the cases therein cited tend to show that the act In question was for a public and not a private purpose, "(b) It provides that the state shall engage In a private business, not Incl the words 'the ordinary and current business of the state.' "(2) It appears upon the face of the statute that the bonds were not Intended to be a'debt or obligation of the state. Bonds con only be issued under section a, article 10, of the constitution, when a debt or obligation of the state Is thereby created. "(d) It Is discriminatory and denies the equal protection of the law, in that no provision is made for expert grading. classifying, weighing, or otherwise putting in a marketable condition any commodity other than lint cotton, and i does not compel the acceptance for storage of any commodity other than lint cotton. "The petitioner does not state whether the statute denies the equal protection of the laws, under the state or Federal constitution. The rule in such cases, arising under the Federal constitution is thus clearly stated by Justice Van Devanter in LJndsley vs. N. C. Gas company, 22 U. S., 61: Tha ahuqI nmtArtlnn planap nf p.VkVWV.V.. V1MHSV the 14th amendment does not take from the state the power to classify In the adoption of police laws, but admits of the exercise of a wide scope of discretion In that regard, and avoids what is done only when It Is without any reasonable basis, and Is therefore purely arbitrary. (2) A classification having some reasonable basis does not offend against that clause, merely because It Is not made with mathematical nicety, or because In practice It results In some Inequality. (3) When the classification In such a law Is called in question, If any state of facts reasonably can be conceived that would sustain It the existence of that state of facts, at the time when the law was I enacted, must be assumed. (4) One who assails the classification in such a law must carry the burden of showing that It does not rest upon anv reasonable basis but Is essentially arbitrary. "This language also shows that the classification Is not repugnant to section 5, article 1, of the state constitution, which provides that no person shall be denied the equal protection of the laws. "The case of the State vs. Aiken, 42 S. C., 222, shows that when a statute Is declared to be a police regulation and the state takes charge of the business, the objection that it is a monopoly can not properly arise. "It provides for Issuing receipts for commodities stored In . warehouses, transferable by written assignment, which receipts or certificates of Indebtedness Issued contrary to section 7, article 10, of the constitution. "Section 7, article 10 of the constltution is as follows: 'No scrip, certificate or other evidence* of state Indebtedness shall be issued, exoept for the redemption of stock bonds, or other evidence of Indebtedness previously Issued, or for such debts as are expressly authorized In this constitution* Warehouse Receipts. "Section 7 of the statute under consideration contains these provisions: " 'That persons depositing the cotton or other commodities, shall be given a receipt from the state warehouse commission, signed by the manager of the warehouse, In which the cotton or other commodity Is stored, which receipt shall give the weight, grade and number of each bale of cotton or description of other commodity. The said reoelpts to be transferable only by written assignment, and the cotton or other commodities which It represents deliverable only upon the production of the original receipt which is to be marked (cancelled) when the cotton or other commodity Is taken from the warehouse.' "It Is only necessary- to refer to the foregoing language of said section, to show that the receipt therein mentioned In no reepect whatever partakes of the characteristics of script, certificates or other evidences of state indebtedness. "(f). 'It makes appropriations for both the year 1912 and 1913, contrary to the provisions of section 2, article 10 of the constitution.' "Section 2, article 10 of the constitution Is as follows: " 'The general assembly shall provide for an annual tax sufficient to defray the estimated expenses of the state for each year, and whenever it shall happen that the ordinary expenses of the state for any year shall exceed the income of the state for such year, the general assembly shall provide, for levying a tax for the ensuing year sufficient, with other sources of Income, to pay the deflcltncy of the preceding year together with the estimated expenses of the ensueing year.' "Section 16 of said act provides that the 'sum of S250.000 divided Into two equal annual installments of 3125,000 in 1912 and $125,000 in 1913, tocarry out the purposes of this act is hereby appropriated.' "If the legislature contemplated the expenditure of $250,000 during the year 1912, then It was necessary to include the whole amount, in the estimated expenses of the state for 1912, in providing for the annual tax of that year. If, however, it was not contemplated to expend $125,000 thereof until 1913, then that sum could only be properly included, in the estimated expenses for the year 1913, in making provisions for the annual tax of that year. "Therefore the appropriation of $125,000 of said amount was in violation of the constitution. "(g) It attempts to apply a tax to an object not stated In the law, and thereby violates section 3 article 10 of the constitution.' "Section 3, article 10 of the constitution is as follows: 'No tax shall bo levied except in pursuance of a law whioh ahnl Histlnotlv state the oblects of the same; to which object the tax shall be applied.' "Section 16 of the act appropriating $125,000 to carry out the purposes thereof. We have already shown that $125,000 of the said amount was not appropriated In the maner provided by law. It It should hereinafter be determined that the entire act must be declared null and void then It will present a more abstract question, whether the remaining $125,000 was properly appropriated. "(h) The said act, together with section 40 of 'an act to make appropriations to meet the ordinary expenses of the state government for the fiscal year commencing January- 1, 1912, and to provide for a tax suffi cient to defray the same,' provide? for pledging the credit of the state for the benefit of private individuals, owners of lint cotton and bales, in violation of section 6, article 10 of the constitution of South Carolina: th?t section 40 of said appropriation act is hereto attached and made a part of this petition, and marked 'exhibit B.' "Section 40 of this act just mentioned is as follows: 'That In anticipation of the taxes herein before levied the governor and the stale treasurer and the comptroller general be, and they are hereby, empowered to borrow, on credit of the state, so much money from time to time, as may be needed to meet promptly at maturity the interest which will mature on the first day of July and on the first day of January of each year on the valid debt of the state and to pay the current expenses of the state government for the present fiscal year and for pensions and for carrying out the provisions of an act to establish a state warehouse commission, if the same be declared constitutional by the supreme court of the state: Provided, That the sum so borrowed shall not exceed 1600,000.' Credit of the 8t?te. "Section 6 of the constitution provides that 'the credit of the state shall not be pledged or loaned for the benefit of any Individual, company, association or corporation, and the state shall not become a joint owner of or a stockholder in any company, association or corporation.' "This ground Is disposed of by the conclusion that the act was Intended as, a police measure and therefore necessarily related to a subject that was public in its nature. "The last question to be determined Is, whether the portions of the act that have been declared unconstitutional render It null and void in Its entirety. "The rule is thus stated In Colley's Con. Llm. (sixth edition), pages 211 and 212 and quoted with approval in Utsey vs. Hlott, 30 S. C., 360, and Murph vs. Landrum, 76 S. C., 21: " 'If, when the unconstitutional portion Is stricken out that which remains is complete in Itself and capable of being executed In accordance with the apparent legislative Intent, wholly independent of that which was rejected, It must be sustained. The difficulty Is in determining, whether the good and bad parts of the statute are capable of being separated within the meaning of this rule. "'If a statuto attempted to accomplish two or more objects and Is void as to one, It may still be, In every respect, complete and valid as to the other. But If its purpose is to accomrvlinVi m + rvflltr en/^ SAmO f\1 JJIIDII a OlllfilC UUjCV I V/uiJ U1IU wuiv vt, it* provisions are void, the whole must fall, unless sufficient remains to affect the objects without the aid of the invalid portion, and If they are so mutually connected with and dependent upon each other as condition, considerations or compensations for each other, as to warrant the belief that the legislature Intended them as whole, and If all could not be carried into effect, the legislature would not pass the residue Independently, then if some parts are unconstitutional, all the provisions which are thus dependent, conditionally, or connected must fall with them.' ' "Tested by these principles the entire act mtist be declared unconstitutional. "Of course, the conclusion that the statute under consideration is void in its entirety does not mean that in its general scope it is not a police regulation, but that it can not be given effect in its present form, by reason of its failure in certain respects to comply with the requirements of the constitution. "It is the Judgment of this court that the act herein mentioned is null and void and that the respondents be enJoined from attempting to carry its provisions into effect" SC0TTV8 MINE A MYTH. Ostensible Prospector Was Only Fishing for Suckers. "Death Valley Scotty" told a Los Angeles grand Jury the other day that the president of a life Insurance company had grubstaked him for years, and that a New York mining engineer put up the $10,000 which Scotty paid for the special train in which the Death Valley man made his spectacular trip across the continent several years ago. Scotty also testified that he had tried to persuade the officers of the Death Valley Scotty Gold Mining and Developing company to locate a few mining claims in Death Valley, in order to give the mining scheme the appearance of genuineness, but alleged that they refused to do so, saying it was unnecessary. Scotty told the grand Jury that his "hole In the ground down in Death. Valley" Is a myth, which has been used for years to fill the pockets of the promoters. With the exception of F. C. Goodwin, the secretary of the company, and its treasurer, Goldworthy, the officers of the mining concern, have apparently dropped from sight. Scotty's confession contained this other bit of interesting history: He never located a mine, either in the Panimlnt range, the Funeral mountains, or anywhere else; he never owned a mine, was not a miner, his only role was to make a big splurge, ^o advertise himself as the spectacular and unbridled spendthrift while all the time cunning schemers were formulating plans upon which they should profit by this show. And all Scotty got, he says, was an amount of money tha.t could not be dignified by a loftier title than a "hand out." Scotty said the most he ever had at one time was $3,000, and that the yellow complexloned roll he carried was upholstered with one-dollar bills. Feeding the Animals,?This farmer entertains a few summer boarders out in Elizabeth township. A stray city man happened along and spent a couple of hours on the farm while his automobile was being fixed. "Any wolves out here?" was one of his questions. "Not exactly," answered the farmer. "But if you want to see the next best thing stick around until I open the dining room doors."?Pittsburgh Post. LIVELY AT LEXINGTON. Both Gubornatorial Candidate* 8uff*r Rough Uaaga. Following la the Atlanta Journal's account of the meeting at Lexington last Tuesday: So howled and Interrupted was Governor Blease during his speech at the campaign meeting here today, that he quit fifteen minutes before his time expired. By one of his interrupters. Rev. W. H. Hitler, formerly pastor of the Lutheran church of this city, but now an insurance man of Columbia, he was denounced as "an infamous liar," and another of his interrupters, S. P. Schneider, of Lexington, a graduate of the university of South Carolina, offered to compare records with him at that institution. Another member of the crowd insisted on his explaining why he voted for "that bad man, Jones," after Jones had voted against the separate coach bill. The crowd, which numbered about 1,200, started off good naturedly, but when the candidates for governor were reached they began to hurl questions and interrupt with hurrahs. The Jones men were more persistent in the fire of questions, opened on the aovernor than at anv Dlace heretofore. He was greeted with cries of "hurrah for Stothart," "hurrah for pickpockets and barnburners." They took up Judge Jones' charges that the governor still had in office the dispensary constabulary at Charleston against which the investigating committee had received testimony showing that officer had received graft and that the governor had pardoned men who had been convicted of larceny from the person and of arson. Governor Blease came back at his adversaries in the crowd with retorts, but the retorts did not serve to silence them as they have at other placea They persistently came back at the governor with greater and greater insistence until he gave up his speech with the admonition to the newspaper men to say tomorrow, that "Jones men never howled anybody down." While tho governor was giving his reasons for the pardon of Wash Raw), convicted of burning the barn of D. M. Crosson of this county, he was interrupted with a cry of "hurrah for pickpockets," from Rev. Mr. Hiller. "I expect," replied the governor, "if you traced that man's history, you would And out he has stolen more than a pickpocket ever did. Stick that in your head, you little pimp." "That's an infamous He," yelled back Mr. Hiller. "Oh, it's for you to stand In the crowd," said the governor, "and call a man a lie when you know that he can't get to you." While he was still discussing pardon matters, the governor was Interrupted by Mr. Schneider, wha said"I want you to explain your record as to the force of the verdicts of Justice with you, with reference to the pardon of crlminala" "If you had sense enough, you would have read It in the newspapers," replied the governor. "I can give you my arguments, out i can't give'you sense enough to understand them." Asking Mr. Schneider's name and ascertaining the fact that he was & graduate of the university of South Carolina, theJgovemor said: "I knMv by your face you were not a working4 man, and I want Judge Jones to see that it is not all college graduates who are givirtg to howling down." The governor "also received a call down from Brooks Wlngard, member of the legislature from this county. The governor was saying that Mr. Wlngard had written a letter In the interest of pardon of Wash Rawl and that Mr. Wlngard was no political friend of his and had stood against him in the house. Thereupon Mr. Wlngard yelled at him: "You are mistaken," and the crowd shouted: "Let's hear more from Mr. Wlngard." This, however, they refused, saying Mr. Wlngard had plenty of time, to reply while he was canvassing Lexington county for the legislature . Governor Blease quoted a reporter of the News and Courier as saying that Judge Jones in his speech last March at Hampton had said to Blease men, "down with you anarchists." The reporter said his story was correct though there might have been the opportunity of error. Judge Jones interrupted the governor at this Juncture to say that he had not been rightly quoted. "We've got 'em going when we get 'em to disputing among the family like that," commented the governor. "Tom Felder, in his reply to my defense to the Augusta charges," said the governor, "said that the affidavits I have produced are from men, who have been convicted of felonies and pardoned by me, or who are under indictment There is Rev. W. A. C. Mueller, pastor of St. Matthews Lutheran church, who voluntarily made one of - ? - U* ? Man /VAnvintoH tnese amaavius. is nc a. uu<> of felony? Is he a man under Indictment for gTaft? This only shows that Tom Felder Is ready to slander anyone." The governor then read an affidavit from W. Frank Rawl, which was to the effect that Mr. Rawl was an employee of the Edgefield Manufacturing company's cotton mill and that his boss has in efTcct attempted to influence his vote against Blease by a threat of discharging the employee. Before closing his speech the governor took a hand primary of the crowd which showed that hfs followers constituted a majority of the crowd, though the majority was not noticeably large. Judge Jones was also badgered by the Blease men during his speech but with an appeal for order, was able to finish without serious Interruption. He received a big round of cheers when he closed and was presented with several bouquets by two young ladies and three little girls who brought them to the platform. A Bull-Moose Obituary,?Young Mr. Kermlt Roosevelt delivered an eloquent funeral oration over the remains of a Bull-Moose party when he sententiously remarked that "pop's been praying for Clark." Pop's prayers are not always effective. but they invariably have a clear, definite purpose, and nobody knew better than Theodore Roosevelt what the nomination of Woodrow Wilson would mean to a third party candidate for a third term. Already the slump has begun. JSvt-n the Republican governor of Michigan, who was one seventh of all the Seven Little Governors, declares that he can see no need of Mr. Roosevelt's candidacy now that Woodrow Wilson has been nominated by the Democrats. The desertions will come faster and faster as the time for the Bull-Moose convention approachea In the end Mr. Roosevelt's great movement for the establishment of pure Democracy will reveal Itself as a political fight for the control of the Republican machine. When Mr. Taft is beaten Mr. Roosevelt will grab the organisation, and we shall hear no more about a third party and Its great moral Ideals.?New York World. WHIM8ICAL WILL8. Human Natura at 8hown in Quaar Raquaata and Bequests. The remarkable will of a man who died not long: ago directing the undertaker to stab him through the heart after he had been pronounced dead by his physicians is not a unique one. The fear of being buried alive has driven many a man to stipulate in his will that extraordinary steps be taken to make sure of death. Thus, for instance, a magnate of Plymouth, England, decreed by his will that his wife should cut off one of his toes or Angers to make sure he was dead, adding that he made the request so that "as she had been troubled with one old fool she will not think of marrying a second." The will of Lord Lytton contained special directions as to the examination of his body in order to provide against the possibility of his being burled while in a trance, which appeared to be an apprehension of his. A farmer of Hertfordshire, England, who died in 1720, was so certain that his lethal slumber waa to be not really death, that he Inserted in his will his written wish that, "as he was about to take a thirty year* nap, his coffin might be suspended, from a beam in his barn and by no means nailed down." He, however, permitted it to be locked, provided a hole were made In the side, through which the key might be pushed, so that he might let himself out when he awoke. His nephew, who inherited the property, obeyed his whim and did not bury the coffin till 1761, allowing him an extra year of grace The Sleur Boy, who died in 1846 at the age of ninety-six, said in his will: "Eight and forty hours after my decease. I desire that a post morten examination be made, that my heart be taken out and placed in an urn, which shall be intrusted to Mr. Baudoin (the undertaker). In conformity with an arrangement between him and myself my heart is to be conveyed to a mau oieum in uw ueimnumn ui ui Maoenne and there to be deposited, as agreed." Robert, the famous Earl of Mellent and Leicester, one of the early crusaders in the holy land, died in 1118 in the abbey of Preaux, where his body was buried, but his heart was conveyed to the hospital at Brackley, there to be preserved in salt Isabella, daughter of the Earl of Pembroke, who died in 1239, ordered her heart to be sent in a 8liver cup to her brother, then abbot of Tewkesbury, to be buried there before the high altar. The heart of John Baiioi, lord of Barnard castle, who died in 1269, was by his widow's desire inclosed in an ivory casket richly enameled with stiver. But all these examples, strange as they may be, are not especially remarkable among the countless numbers of curious wills which are recorded throdgh many generations. There is, for example, the will of a rich old bachelor, who, incensed at what h? considered the attempts of his family to put him under the yoke of matrimony, vented his spite on the whole sex of women by saying in his will: "I beg that my executors will see that I am buried where there is no woman interred, either to the right or to the left of ma Should thda not be practicable in the ordinary course of things I direct that they purchase three graves and bury me in the middle one of the three^ leaving the two others unoccupied. John Reed, gaslighter of the Walnut Street theater, Philadelphia, filled thai post for forty-four years. There Is not on record a single performance at the theater at which he was not present. He never aspired to appear on the stage in his lifetime, but he was not without his mute ambitions,* and before he died he contrived ingeniously to make sure of assuming a Shakespearan role after his death. A clause in his will read: "My head Is to be separted from my body Immediately after my death, the latter to be buried in a grave, the former, duly macerated and prepared to be brought to the theater, where I have served all my life, and to be employed to represent the skull of Yorick, and to this end I bequeath my head to the properties."?New York Sun. Grass,?Lying in the sunshine among the buttercups and the dandelions of May, scarcely higher in intelligence than the minute tenants of that mim Ic wilderness, our earliest recollections are of grass, and when the fitful fever is ended and the foolish wrangle of the market and forum is closed, grass heals over the scar which our descent into the bosom of the earth has made, and the carpet of the infant becomes the blanket of the dead. Grass Is the forgiveness of nature?her constant benediction. Fields trampled with battle, saturated with blood, torn with the ruts of cannon, grow green again with grass and carnage is forgotten. Streets abandoned by traffic become grass grown like rural lines and are obliterated. Forests decay, harvests perish, flowers vanish, but grass is immortal. Beleagured by the sullen hosts of winter, it withdraws into the impregnable fortress of its subterranean vitality and emerges upon the first solicitation of spring. Sown by the winds, by the wandering birds, propagated by the subtle agriculture of the elements which are its ministers and servants, it softens the rude outline of the world. It bears no blazonry of bloom to charm the senses with fragrance or splendor, but its homely hue Is more enchanting than the lilly or the rose. It yields no fruit in earth or air, and yet, should its harvest fall for a single year, famine would depopulate the world.?John J. In galls.