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LICENSE ACT IS UNDER FIRE CORPORATION WISHES IT DE CLARED UNCONSTITUTIONAL If it is so Declared by the Supreme f Court the State iwl Stand to Lose Seventy Thousand Dollars Certain ly,and May Have to Refund Taxes t Collected from Corporations Since the Passage of the Law in 1904. News and Courier. Columbia, March 13.-If the Su preme Court declares the corporation t license Act of 1904 unconstitutional, as it is asked to do in the ease e brought by the Ware Shoals Cotton Mill, the state of South Carolina will a be out the $70,000 or more than had been expected from this source this q year, and it may be that the corpora- v tions could recover from the state the o taxes heretofore collected tinder this S Act. t] The situation is a peculiar one. In % the petition of the British and Ameri- i canl MortgIage Company, o1111n which a deei'ioi Was1% .iv'n severad weeks ago, it was evident that. there was no desire to iave the litaw decl aIred u llt and void and tle chief end of the petitioner was to escape the payment of the tax on the ground that the British and American Mortgage tj Company did not transact its busi- a ness in this state. Much stress was a laid on that point and not much im- e portance was attached to the question f of the validity of the law, but the Supreme Court dismiised the first point as unsound a'nd granted the pe- d tition on the ground that the law was a discrimination against foreign and domestic corporations aid inl favor of natural born persons doing business in this state. The decision of the Court merely amounted to an injune tion restraining the Comptroller Gen eral from the collection of the tax against that one corporation, but oth er corporations have seen the effect of the decision and will now under take to claim exemption and to have the law declared unconstitutional, c which is the apparent implication of ti the Court.'s decision in the British and American Mortgage Company case. It. will be rec.alled thit, several weeks ago the Supreme Court filed a decision restraining the Comptrol- c ler General from collecting the tax t under this Act f'roim the British and American Mortiage Coipiny, a for eign 11cor-poration, hut tIlis decision Went no furdher 11han to restrain the Comptroller (GBeneral in this one case anil was In t. -enera'l in its terms, thouh its a1ppli".t16i1n to all 1'oreini 1 corpora1tiol,ns doin) bu'Isiness ill tih is Staite wou(ld seem'1 tI lie natlral and legitimale. Now tihle Ware Shoals Mlmor.actrilI'i ompanyle. a domestic corpolratlion, has obltahwid anl ondir C from (' C 1iiJst ie P opeIC, whlichl r'aises of the Act of 19 0d, and a decision i tis case will settle the status of that art. The case is set to he heard 0 before hei Suprliemie Court onl the 22dl of A pril, tihe ordiir heiwir as follows: fJones.' otroliiller Glenerat oft the! stiate ot. SouthIi Caroli1na , respoudeit t, Jl order:v ''1'111 hcarning~ the ve rifled peti tion1 herein whiichi raises the iutlion 0 (of the 'onstitultionlalitv of the licee Act (of 19(04, as mnilende'd hvy the Act oft 1905, it 15is upon1 motion'1 of A. C. V Todid, pet itionier 's attorneyn. 'Orderedt, ila t A. W. Jones, Comp-- r troller G eneral otf t he St ate of1 South Carolina, respon1Idenllt hiere'in, do show ecns bef i( ore' thie Suprlemne (Coulrt on the 22d day of. April, 1907, at 10 O 'clock A. M., or as son afte1 rnoon1 as coutmsel can he heard, why thle in-. junliction41 prayed for' should not hIe grniteid; and( inl the mecaintiime said reCsplonden't Ihl enijoiined and1 re5tria ini Acts ii i r'erece to tOetitioner, to wa it thle Irder oft the (Coulrt. '' At C hamlbers, Newhierry, S. tC., March1 29, 1907.'' iiIn lie pe'tiition1 it is set forth tiIhat tihe pet itiner, thle WareC Shlls Mlan ufactuingiv C'ompanv, is 1a corporation11 orgaized unider thle laws of South Carolinia, ha:vingi its pinclipal pla1ce of bus iness in t' coiunt y of Greenwood, anid engagei~d in thle buisi ness of man unetinlg 1and4 of general merchandise. That the petitioner' has made its report to the Comptr'oller general as required by Section 1 of the license tax Act of 1904, as amend ed by tihe AoL of 1905; in said re port it being stated that the capital atock of the company is given as $1,000,000, fully subscribed for and paidi inl. That the Compt roller (len. asherts that lie has the r'ighit unider the act of 1904, upon1 tile filing of said report to charge to 'and collect from the petitioner the license tax provided for in said Act of one-half nill upon the capital stock of the )titioner, which would amount to I 1500, to be collected by the first day >f April. That the Ware,Shoals Com >any was chartered on the 6th of tugust, 1902, and in 1905 its char or was amended whereby its capital 1 vas increased; that it has paid all i 'ees and charges for said charter re- I uired by law and under that charter ias been engaged in business; "that 4 lie license tax provided for by the : aid license Act of 1904, as aniended a 1905, imposes conditions and bur ens upon your said petitioner which vere not required or imposed by law .t the time of petitioners' incorpora ion, as aforesaid, and the require lients of said .license Act, creating t harges and burdens as aforesaid, npairs the obligation of the charter Id interferes with and restricts the etitioner's rights and property ac- I uired thercuinder, and is therefore iolative of Section 10 of Article 1 f the Constitution of the United I tales and Section 7 of Article 1 of ic Constitution of South Carolina, hich prohibits the passage of laws npairinlg the obli-ation of contracts. Firtier, 'That said license Act of )(H, as amenliided in 1905, in so far applies o corporations oIginizedl nd44.er the laws of other states and )untries and engaged in business ini is slate, is unconstitutional, null ad void, and has been so declared by iis Court in the case of the British nid American Mortgage Company," nid therefore the said license fees inot he collected legally from such n )reign corporations; and also that id License Act of 1904 by its ex ress terms does not appy to indivi- 0 uals engaged in business in this ate and therefore does not require f individuals seh a tax and does s ot impose on the occupations or usiness of individuals such a tax or t po-n the capital invested in an occu ation or business; that there are oroign corporations and individuals a ngaged in business or occupations in his state of a similar nature with hat of the petitioner and therefore, he said license act discriminating gainst petitioner and other domestic orporations, required of it and of - bem a tax which cannot be required f foreign corporations, and is there re inl violalion of the 14th amend- c lent to tile Constitution of the Unit I States and of Section 5 of Arti- t le 1, of the state Constitution, and ij heirefore the petitioner is not liable c ire those who use the mc nents. Therefore buy a itor for only $8.50, mac oarries 75 lbs. fertilizer, overs as you go. Cotton P Buy a Universal for $4 rice $5.00. Harrows and Little Joe $3.00, 14 to4 nent; $3,75 5 tooth Cul astment; $3.25 lever ad iith extra long braces. See us for any modern Job lot Stoves. Nothir We sell Lime, Cemeni v'are. Bring us all kinds scra ubber, &c. Graig Suj .Prosperi1 VERY LO\ ..TC N4ORFOLK A Account Jamestown Ter ...vi. SOUTHERN Season, Sixty Day and Fift( daily, commencing April 19 vember 30th, 1907. Very low rates will also be BRASS BANDS in uniforn STOP OVERS will be allo' and Fifteen Day Tickets, sa 1st Tickets. For full and complete in Agents Southern Railway,c RI ,o be chaIlrgeld with said tax by tle 'om1pt roller Ceneral or to be requir d to pay the same. Further, it is alleged that the Act >f 1904 if it undertakes to impose a icense or priv-ilege tax on occupa ions and business, is illegal, unconsti utional, null and void, in that it vio ates Section 6, of Article 8, and see ion 1, of Article 10, of the State ,oistiutfionl, which provides that all icense or privilege taxes imposed hall be graduated so as to secure a Figures Won't Lie. The following interesting proposi ion should be figured by anyone who teeds the information and will take lie time: )ie case of rheumatism and a doctor's attention .. .. .. ..$2 00 Lt least one prescription .... 75 $2 75 ioss of time, wrong experiment, another visit of the doctor and another prescription .... $2 75 $5 50 )ilio ailnent and a1 hofflc of Andes' ..,(,'reat Preseription, IIe best 1h1e11um t ic specilie ..$1 00 :o loss of ttime. no eX)Crillelt and no second investmlent .. 0 00 $1 00 avling to patient .. .. .. ....$4 50 You can buy this wonderful re iedy, Andes' G reat Prescription, iomn W. E. Pelham and Son. It costs $1.00 per bottle, 3 for $2.50 r six for $5.00, and besides positive v curing your rheumatism, it will peedily correct any disorders of the oniach, liver, kidiieys and bladder. t will also cure biliousness, constipa ion and all blood 'npurities. Get a bottle and try it. If you are ot pleased with results after taking few doses according to direction, eturn the balance and get your ioney back. The open formula of Andes" Pre eription is printed on every package nd label. You can see what you are Rking, aid there'll be no guess work bout it. In cases of rheumatism and all oth r pains. it's a good idea to rub with ndes' Great Oil. It helps things long more quickly and costs but 50 ents a bottle. You ought to have it i the house all the time for sudden mergencies. FARMFRS st up-to-date improve K. P. Guano Distrib le to sell for $10.00. easily controlled and lanters. .50 this week, former Cultivators. >th with lever adjust- i tivator, set screw ad justment only $4.00 hardware desired. g "job" but the price. and Builders' Hard p iron, brass, copper, pply Co., :y, S. C. V RATES ND RETURN -Centennial Exposition RAILWAY :en Day Tickets on sale th, to and including No made for MILITARY and I attending the Exposition. ved on Season, Sixty Day me as on Summer Tour ormation call on Ticket >r write W.. Hunt. Division Pass. Agent. Charleston, S C F ERTII -aj Acid Phc Always Us MANUFAC RNDERSON !PHOSP Anders( Agents at A Moneg is ol To HeC To Sat IS Ou We make friends of c Transient trade is all s the foundation of a t We sell for prices tha 3nd our fair and squarE >f the statement that " iad better try and get - We have many custom ind all Aill tell you the BEST F O. KL Newberry The defenders of Thaw insist that ic is sane but safe. At about this timne of the year [he . )d ites "make aIn11 exeri-siol initol unobl1 ing1 C~ exeieces,"~' to ((uote4 heir ow OWIn weird phraseology. Hard Times in Kansas. The old days of grasshoppers and routh are almost forgotten in the pros erous Kansas of to-day: although a itizen of Codell, Earl Shamburg, has ot yet forgotten a hard time he en- i ounte.ied. He says: "I was worn cut nd discouraged by coughing night and. ay, and could find no relief till I tried Jr. King's New Discovery. It took ass than one bottle to completely cure ie.'' The safcst and most reliable ough and cold cure and lung and r oat healer ever discovered. Guaran - sed by W. E. Pelham & Son's drug tore 50c. and $1.00. Trial bottle free. SeniatIor Foraker~ would rescue the republicani party from orgies of vir His Dear Old Mother. "My dear old mother, who is now i5hty three years old, thrives on Elec-. ric hitters,'" writes W. B. Brunson, f Dublin, Ga. "She has taken them or about two years and enjoys an ex ellent appetite, feels strong and sleeps veIl." That's the way Electric Bitters iffect the aged, and the same happy esults follow in all cases of female veakness and general debility. Weak. minny children too, greatly strength mned by them. Guaranteed also for itomach, liver and kidney troubles, by WT. E. Pelham & Son, Druggist, 50c. The Huston Post now qluotes straw Jerries at. seven cenits a q1uarlt. It, is i shame to brinIg~ ioble creat(ions of benef Iict turemi in to such contemptd. Out of Sight. "Out of sight, out of mind," is an y1d saying which applies with special force to a sore, burn or wound that's been treated with Bucklen's Arnica Balve. It's out of sight, out of mind md out of existence. Piles too and chilblains dlisappear under its healing nfiuence. Guaranteed by W. E, PeI barn & Son, Druggist, 25c. A Tennesse newspaper is suing an other for damages. This is the ef feet of a spread of prohibition in that state. A. Criminal Attack. on an inoffensive citizen is frequently made in that apparently useless little tube called the "appendix." It's gen orally the result of protracted constipa tion, following liver torpor. Dr. King's New Life Pills regulate the liver, pre vent appendicitis, and establish regular habits of the bowels. 2d5c, at W. E. Pelham A& Soan's rug store. -IZE R s d :- - )sphates. e the Best. TURED BY HATE AND OIL CO., )n, S. C. 01 Stations. INo Consider ase sfy I AIM AND EFI 'ur customers and custot right for a superstructurE usiness. That's what we t attract the most econo treatment holds them. I There is no Friendship ir flong without customers I ers who have traded here )LACE TO TRADE ETTN s Greatest Bargai Iva M I %A You will save money an get a I b6tter roof by using u PAROID. r Slate colored -contains no tar easily laid-a roofing kit free. t+ p oof. Lasts long ad and oswell SPL.A NNON N FR E E ' '""'"'"""""'" CHIARLESTON & WESTERN CAR- I gu OLINA RY. we Schedule in effect January 27, 1907. TI LY. Newberry iC. N. & L. .12:36 p. m. vill Ar. Laur'u 1 :42 p. m-. da' Lv. Laurents (C. & W. C.) 2:10 p. m. Ar. Greenville 3:35 p. mn. Lv Laurens 2:07 p.'m. pa Ar. Spartantnurg 3:40 p.m. o Lv. Spartanburg (So. Ry) 3:50 p. mn. mi Ar. HIendersonville ( :25 p.. in. A r. Asheville 7 :30 p. mn. Lv. La d'ens (C. & W. C.) 1 :50 p. mn.) Ar. Greenwood 2:46 p. m. Ar. McCormick 3:40 p. m. A r. A ugust a 5:30 p. m. Pullmon Chair Cars between Au SECURITY LOAN AND Supplies the best Faci v Saving Money at a P For Building by lustall-ne For Buying Land: For Borrowing "oney~on Get one of Our CURITY C An< It will be the meins'of' your Savir a Fund that will buy Lar SECURITY LOAN AND JAMES N. M Office: Cor. Boyce & Adalns Sts.. Newbi -VA -GNONHOIU peWspe ISU puS se PM'M end 01u M e9n000 Uo d u0111 e piosp.411u4 pOun00181 Uvj pugl u9pnlo qtoq 1noqv uollmr -zojul eoldmhoo eoth~ puv x9jInij seaIR 1#61V60 OAIfldfJosSO 9,pOOM spagwn uo.eg POGWiled.91091'10~ Pug 'SoBIOS 110cl O POOS 'SPODS JOACID PtU 999AI . Oj 810la-unbpwil on~ oA -Aijunoo atill ui jo2v oinjo ouo 91 UUQf esV UPS etjoj10 tp~oq f1peas ul epv4~ an jqvutvjqo spoos joq eqj~ BuiAlddniS xj onqerAus o PoRsfdiniuendusi . owdnbe wo rn e& Xoudfo 95Fnoq.xv.% o2avl put---punojS mi!al uelkeIeJ ppr UsMO ,no *9NMOtI V 9319VI 303A voinch s ose IPOS UAP "QT n Palace. !.OOS IL UP jd Plolo JU s!uv iPOT. W-l Cars of ourfrins. Wehae worke fportu )ityg thanking disoE BsiatieassistAani fhn wtout friends. frn the pare 20 yearst ISAt ri ala e. Cards of AThal ris. kby. L tea Auustomuedas Wehae thise fporu iy houhakngpthse uhrsyendeStredys taeher i Mnseinesa and a ha wihufres.s ote: The asse riasane de yer ois remgive asior fr the st fro ouars tn and ariety gurate Cnn. Al e . kl.Lae Augusta, usays C Mo o. Tderan,F ho endTeroed arias andhe-r nself iascwel asd coneion with eroaie, Rae ivn Ia inr g%ion e an d are n c g u lated. rnest Willise. IN VESTMENT CO Serftbete-Trere.: nr t: