University of South Carolina Libraries
a, .7~Y al thp 000 VOL X IV. N 43.NEWBERRY. S. 0.,-UESDAY MAY 28.1907. SNOOTH TRICK WORKED ON BANK NT TO NEWBERRY AND WIR HIS OWN ENDORSEMENT. buble Forgery Alleged-Man Said .be Youngblood Represented mself to Carolina Nation a Bank as Mr. Crooks. following in regard to the s madeon the Carolina Nation ank 'by R. L. Crooks, or rather s name by Youngblood, appear the State of yesterday: e Carolina National bank has had ed a warrant for 'the arrest of a g man named Youngblood, who .,id to be a resident of Newberry e ty, the charge against him being ey. The circumstances of the are quite unusual. The follow acts were obtained from an offi the bank last night: nesday morning a young man o the bank, presented a bank book bearing the name of k8,P and 'showing that that had on deposit in the Newberry gs bank $351. He asked to be ted to draw on his account for Maj. T. H. Meighan, the cash the bank, declined to let him until the young man should be ed for by some responsible idll Judge Fuller Lyon .do," he ired. Maj. Meighan stated that he Ad accept Mr. Lyon's endorse t. A little later Lyon called the on, the 'phone and said that he ,.bonded officer in the .service of state and he could not endorse ers for anyone, but so far as he Crooks was all right. ie. Crooks applied at the bank he informed that the verbal state of Mr. Lyon was insufficient and must be a telegram from the a.uthorizing the Carolina Na L.to pay the amount of the draft. he afternoon Maj. Meighan re pd a telegram from Newberry d "Jos. E. Norwood, cashier of erry Savings bank.'' This ines .,ktated that the Newberry bank lhonor the draft of Crooks for The next morning Crooks ap d in the Carolina National bank quired if they had heard from ry. Maj. Meighan stated .that received favorable advices and raft was presented and paid. oung man said that he had a urchases to make and that he deposit whatever he had left 'the Carolina National and, in vould transfer his business from erry. at was on Thursday. Friday the ina National. sent the draft for 011tion and attached to the draft the telegram purporting to come the Newberry Savings bank. La n the day Friday came a tele Sfrom Jos. E. Norwood, cashier, s4ng tihat the telegram attached to ~'~aft was bogus. bak had the adldress of the trepresentin himself as Crooks Sapp)licationl were it was h4bY%at the man 's real name wvas c Jod. It was understood at r-ding house that lie had left going toward Raleigh, N. C., Carolina National bank had 'll along the line posted as to harge aga inst Youngblood, no trW ianspires thant Younmgblood s in Newherry Friiday, and whe'n o Carolina National hank heard of f, the police of Newberry were comn 1 nicated with. A police omeier wh'lo saw Youngblood is sa.id to have re marked to some bystanders thant lhe would arrest Youngblood as soon as 1c could get a wvarr.ant. Of cour~se onngblood heard of it and loft the. The bank now has information lint when it requiredl a telegram rom the Newberry bank, Young 10ood caugh~t the midday train to ewberry, sent the telegram himself ad signed it wvith the name of the ashier. If this can be proved it will' onstitute an additional charge of' orgdry. Saturday morning a young man alkod in the Carolina National bank nd said: ''Do I look like the man ho tried tn gmt van to ash a draft THE NEWS OF PROSPERITY. Good Missionary Meeting of the Luth eran Synod of South Carolina Commencement This Week. Prosperity, May 27.-There has .just been held in Prosperity a mis sionary conference of the South Car olina synod. The conference occu pied two days. The executive com mittee of the Women's Home and Foregin Missionary society of the synod were present, together with the missionaries from missoins in Spartanburg, Greenwood, Salud and Graniteville, Sumter, Florence, Olym pia mill district, and other points were represented by the delegates. The meeting was held under the auspices of the executive committee of the South Carolina synod. Rev. Dr. Scherer of Charleston, Dr. Hall man of Spartanburg, Drs. Cromer and Bowers of Newberry, Rev. W. H-. Greever, editor of The Lutheran Church Visitor; Mesdames Jas. A. B. Scherer, M. 0. J. Kreps, Kate Ear gle, D. B. Groseclose and M. J. Hab eniclit were in attendance upon the conference. Rev. M. 0. J. Kreps of Prosperity presided. Much work was done and much was mapped out. The new Luth eran church at Spartanburg is rapid ly going up and work in Greenwood will begin in the near future. A num ber of towns in the Piedmont are call ing f;r help. Rev. C. E. Weltner of St. Luke's Olympia mill mission gave a fine re port of the work being done there. There is under him the only real dea coness in the south. On Thursday night there was a grand missionary rally, at which Dr. Hallman spoke on "Our Field in the Piedmont;" Rev. Mr. Weltner spoke on ''Our Field in the Mill Towns;'' Rev. W. H. Greever spoke on "'Our Resources-Divine Grace, Human In terest;'' Itv. Dr. Scherer spoke on ''Our Obligations.' Mrs. Jas. A. B. Scherer, who had just returned from the general sy nod, women's convention, held in Philadelphia, brought the greetings from that live body. The executive committee of the South Carolina synod held their meet ing Friday morning and legislated in reference to Sumter, Florence and other points demanding their atten tion. Much interest was manifested and it is hoped much good will come from the conference. The executive comimttee of the W. H. and F. Missionary society held their meeting Friday afternoon and transactei routine work. Mrs. C. E. Weltiner, havingu resigned as secre tary of the children's work, Miss Erin Kohin of Prosperity was elected to fill the vacancy. The missionary conference was quite a succeis. Rev. Kreps was ele eeted chairman and A. H. Kohn see retary. ie executive committee of the Woman's 1-. and F. M. Society held their meeting at the parsonage. Mr-s. Kate Eargle of Greenville is visiting Mrs. MI. 0. J. Kreps. Our people are looking forward to a week of enjoyment in intellectually. Good rains have fallen here and crops arie improveing. Miss Jessie Moseley returned Wecd nesday- from the commencement at Elizabeth college Charlotte, N. C. The puliei -is cordially invited to altendi1 thle recital by thle music class of Mrs. J1. Frank Browne. May 30, 8.30 p. in. 1)uet --Auit un m D ays-C. 1inmdsay - Misses Schumnpert and( Gibson. For-get-me-not Nreh-Oesterms M~iss 1'ula Taylor. Pair-ie hGlop-Oosten-Pearl lIar mon. Sextet Ie May D)ay-Rathun--Pia no :1. Mamie J, Taylor, Eunice D)om i-ck anid TAmuse Singley. Piano 11. for $3007''' The hank omclials could discover no0 resemb)lance. ''WVell, I'm C'rookcs all right, .'' lie said. In the con vorsa tion wh i ch enisued, he was asked how Youmngbhlood got his pass book. ''Stole it from my trunk, I su~p5o,'' waIs the rely. Thme bank omfeinls think that they have a sure ease against Youngblood and with Sheriff Buford behind him it is a question of only a day or two until the fugitive will be capture.a Minnie Heintz, Mary D. Hunter and Mary Willis. Dance Bijou -Peterson - Tena Wise. Mleditation--C. Mlorris-Minnie Boyd Brown. Oberon - Fantasie - Leybach Maud Livingston. 'Suinbeam Polka - Read - Lucile Counts. Valse Vallet-Rat hun-Dottie Mer cliant. Quartette-Impromptu Hongroise -Leone-Piano 1. Misses Moseley, Livingston. Piano 11. W. M. Wise, Gibson. The Forest Clock-Rathun-Annie Fellers. Student's Polka-Rathun-Louise Singley. Spriay of Arbutus-O'Neill-Grace B. Reagin. Polka-Oesten-Lola Loman. The Dying Poet-Gottoehalk-An nie Moseley. Duet-Tilne Friendship March Misses M. L. Wise, Lorick. Poll4i-Oesten-Norian Wessin ger. Alpine Song--Rathun-Mamie Lee Taylor. Rustic Dance-Mason-Miss Mar ie Schumpert. Vocal Duet-Mrs. Kreps and Miss Kohin. Polka De la Reine-,. Raff-Willie Mae Wise. Grand March-Oesten-Lel-a Har mon. Clover Blossoms-Ratliui-Mary Willis. Sextette-Aniusement Tyrolean Oesten-Piano 1. M. L. Wise, Eula Taylor, Marie Schuimpert. Piano 11. Grace Reagin, Lucile Counts, Tena Wise. Ralliery-Englemian-Eunice Dom inick. Valsette-Nunbery-Mary D. Hun ter. Laughing Mazurka-i.acey--Leona Duet-Fairy Queen Galop-Smith -Misvss Merchant and Fellers. Heliotrope Valse-lhilipe-Mlinnie Bovd Brown. Thell Corporal Marchl-Rat hu n-Mc Fall Wise. Quartette--Fes.tival Malrchl--ath un-Piano 1. Julia Schumpert, Me Frall Wise. Piano 11. Mary L. and Tena Wise. TAAnguage of the Flowers-Benson -,Tessie Lorick. Passing Clouds-Oesten--Mamie Heintz. Caprice Elegant-.Heine - Clara Gibson. Goldfish--Lak-Julia Seliumpert. Vocal Trio-Misses Russell, Kohn and Mrs. Kreps. Trio-Dance of the Demon -Misses Livingston, Willipm M. 'Wise and Miss Moseley. The medical use of red light in smallpox eases to prevent marking is apparently a very ancient mode of t reatiinentI redliscovered. A correspond ent of ''Nature'' this week quotes the folloiwing remarkible passage from a footnote in Miss Strickland's history of Queen Marguerite of France, first pub)lished in :1839. Ac cordintg to this quo01tIon, the red li!rht treat menit wouild seemi1 to have -h'.eco. knowni in the days of Edward T: ' 'Whirile music anid' sculpl.ure had attIained sonme degr'ee of perfection1 ini Eng.~lanid at t his timew, oIlher arts and1( seienc'es were ini a si rani.e si tae ofi brbarous i2nor ia n ce. Thew earliest niotire of. medie:al praieliee is to he foundli, at t his (era, ini Ile Lat in work doctor, desct'ribhi ni. his t reatmeint of of (Ia ddesden, physicin at thle Conurt of Queen Ma rgneritIe. ~ThIis lear necd Princwe Ed warid ini thle smaillpox, thui.., dleclares his mode of praictice. '1 or' dered thle prince to be enveloped in scarlet cloth, and I hat his bed and all the fuii t.ure of his chamber shiouild be of a bright red color, which praeO tice not only enured Ihm, lbut prevent-. ed1 his being amarked. ' More by good luck Ihan goo management. Assiur e dly it may be su1posedl that ('ad(des- 1 flenl wished to stare the red inflmama.. lion of the smallpox out of coun ten ance by his glare of scarlet reflee tions? Hie add(ed1 in his 'Rosa Anglo- I rum' thai 'lie treated the sons of the niobilest houses ini Eni'sand with t he red system and made good cures ofi all.' Tn this childish state was the I nolble art of healing at the Court of< Margerite."' LABOR CONTRACT LAW UNCONSTITUTIONAL DECISION BY U. S. JUDGE W. S. BRAWLEY. He Hold The Law Contrary to Thir teenth and Fourteenth Amend to theFederal Constitution. A decision which will affect hun dreds of Pariners in this state who employ farm labor was filedl in the United States District Court -cster [lay by Judge William H. Brawley, in which lie holds uncons it ti ional the Act of the Legislature which makes the breach of a labor contract ft misdeeaiior punisia.ble by impris ,mnent. The case was brought. before the Court by Aitorney' John P. Grace on biealf of Mnoelh and Elijah Draytoni in habeas or-pus proeeedingrs. In brief itN was alleged that th, two menl made contracts with Maaistrate R. [jobby 'Clement to do certain farm work for which they received lpart payment. It is ailleged that they failed to do the work and warrants were sworn out for them. The decision of Judge Brawley, while referring to the (ase in ques Lion briefly, is as able discussion of the whole matter and deals largely with the law on the Eubject. It is generally regarded as one of the most important decisions filed in South Carolina in several year-3, and will no doubt be read with interest by people all over the state. The decision. closes with the follow ing paragraph: ''The statute in question violates the Thirteenth and Fourteenth Amendments of the Constitution of the UMted States, and laws made in pursnance thereof, and is null and void. The prisoners are discharged.'' When the .ease was up for argume-t lefore Judge Bra.wley some time ao Attorney John ). Grace representitd the petitioners: United States Dis Iriel Allorney Cochran represenfted the (imvenmerint in the intervention proeeedinlgs whihIl were filed in file -ase, and Attoriney Gen,e. al 1,yon aid Atornevs William Ilen - Far:er and W. St4. Julian Jervey defended the 'onstitutionality of the Act. The Decision. The decision inl full is as follows: United States of Amerion, District of South Carolin-a-Ex Parte Enoch Drayton and Elijah Drayton. Peti tion for Writ of Habeas Corpus. -llrawley, District Judge: The above n.amed petitioners, ne .roes and twinl brothers, then on the hain .ang in Charleston county, ap fied ito his Courd for a wril of Ia eas coIrpuls, and the retuI1rn of the dheriff of the county, duly filed, is, that lie holds the within named 1.noch )rayton and lijah Drayton an.der a commitneint by Magistrate T'. A. leekett, Charleston County, on i chare of violation of contraet.'' It appearis from the transcript of lhe test imony taken by the steniogra phler of this circuit, t hat upon the rial befoure the above noamed Magis rate f' . I ebby (lenient, of' Wadmalill uw i sl and, thle prosfenitr test ifi ed Ilat ini thle year 1000f the two meni dihove. namedi'( made colntracI(ts withI ii m.t in whtich t hey agreed to do) 1 eer air.t: firm or agiricuiltunral work, f'or whlichr they received Ipar n paymint; ha i' l ork wa to bei dne 'in .1Jan. miry. I iii~. Ihey hlinri hn iii nder14 'n >iiher imac't that kept !themi iimplo. 'rd for ibe year l!900. I's i (fliet'. o do th wrkl. I swori '4nt warirainits owni w''fls, n'li .Ianniarv thiey tfailed >(e1fire \l:,gisl rate B4'ckett f or viola hetioni :;57 of the act oif 19411.' Thre -et of 104 amends sect ion 357 of tIhe Uriminal ('Ode of thre St ate of SoulthI lar'olina. and makes it read as fol ows:' ' Sction 357. A ny laborer work ng on sharesrC of rop) fir for wages in nlone y or other voluiable ( cons5(1idea ion, nndierfl ai vCil or01 wr.itte (ciin r'aet Io hinhor on farm land1, who shall eenive adivancles ei ier' in muoriov or uplplies. and thnerea fter wIIlfrilly and4 vithounit just caurse fail to perform lie reasoniable service requjired of l im by tIhe t er'ms of the said corntract. hall he liable to proseut ion for a nisdlemeanior, providled t he priosen ion shall lie comimened within tirty lays after the alleged violation, nd on1 (1onvict ionl Shall be pulished b; iil)risonmient. of thirty nays or fine in) ithe sml of inot less than fifty (101 lars nor more than one hundred dol lars, ill the disertlion of' the Court provided the verbal contract hereir referre(i to sial he witnessvd by ni least two dist interested witnesses provided that, such contract shall b( valid only between the original par. ties thereto, and any attempted trans. fer or otherwise of ayi.) rights there under shall be null and void.'' Ap. proved 251-h day of February, A. D 1904. These men had been proseeuted ill December, 1906, for violating the saim con(ract, and had served a Sentenlec upon the chail w. gang for t ht offense, Act No. 242 of the General Asseubly of South Carolina, approved on the same day with the Act above men. tioned, provides that a conviction foy tile violation of tle contract mention ed in Setion :357 ''shl1 not operate as a release or dischore of stch per sol froim tle perfl-orIlainee of ainy part of said cont,ract which is to be performed subsequent to the date of the breach of whicb such convicition was had.'' The con tract alleged to have been violated was not produced at the hearing, 110 was there any deffnite testimony aw to the amount due by the laborers Clement's 'books of account, aske for by attorney for petitioners, nol being produced. No testiniony what ever was offered as to the circum stances attending the alleged breach the only witnesses examined being Clement, a magistrate, and one Sea. brooc, his CoIsta(ble, and the only al. leged criminal act, testified to was in Clement's words, "'they failed t( do the work.'' Two aflldavits of on1 Jaeques, that he had witnessed con tracts between Clement and the de fendants, which contraets were Io offered inl evidence, is about al thiat ihe record discloses whieh ha any hearing upon the case. It (lihl! nplwars that ilhe criie for whiel tIl h 1men were se.at to th chain gan is the 1ailire to work for Clermeni underki conltraets by% which he h a ( made certain advanices, to them, an. they had agreed to work until thi whole amount was paa. The Thirteenth Amendment, of th< Constitution of the Uiited States, de elared ratified December 18, 1865, iE as follows: ''.Section 1. Neither sla. very nor involuntary servitude, ex. eopt as pirnishment. for crime, where. of the parties have been duly convict. ed, shall exist within the United States, or any place subjeet to thei. jnrisdiction. ''Seelion 2. Congress sliall havc imwer to eiforee this arliele by ap pro pri ale legislation.' The Act, of Congress of March 2 1867, declares tihal tle ''holdin (f any personl to service 01 labor under the svsrem known as pew:age is hier-eby declared to be nln a w ill, and the same is hereby abol-. ishied and forever prohibit ed. etc. etc.; and all Aets, laws etc., of any 'Terri tory oir State oif the United Sta.. I es which have heretofore estanblishi ed, man inlined ori enfrorced, oir by vir. tune of' whliih anyi atllempt shalil here Pfler bhe mladle If' establish, miniitaini 'Ir enftor(ce, diriectly or' indirectly, the4 I :iln r of an |r EfrsonT as j'('ns. ui li 'uidla ion f any~ dlbt E r1) jobli1ntionEEr "herwE.) E an th le -:3n arE : E here T\Efh- S ur iml ('i url ~tin ('li l v as5 : stIllIus ol' EIIndi tilln <,I (')lElngs. \ s o t e e' t he mate : h m'a,l tfael is I' fdetednlEus. * * * T'hia w ~lhih is 4)'Intempllatd by lv lie elatuite' is c'ompls~iIory service Ito so (enrej thle paym~ieni o Ef a dhebt.**** Ef t his leg.islatIion (or its appl)icabil ity' If) Ile case of anyi personi hoflding aniot her ini a state of' pena and t his wvhet her there lhe mhunliE.ipal orvli 'lancee or' Slate la w sane; ioniner sinah The' fir-I ejiestion.1 to bIe c'onid~uered' s whethe l th'le Act oif 1001-I, etion11 357. off thle ('iriinal C'de ofl South 'a rol in a. is hinefled to se'nr uico-Ci pulsor'y service ini pay-maent of' a deblt. That a ppea rs fo lie its solr- purp] ose and~ effect. ft. provides ai Coercive veaplonl If' be u'sed by the employer .ind enables him 10 send to jail or the Sclaini gang any person who may ''fail I to perform the reasona'ble service re (uired of him by the terms of the said econtract,'' and the learned At tort'ey General of the slate, while as serting the validity of this Act upon roun10i1ids hereinafter to be considcred, does not, contest the fact that such is its Iiro-se and effeel and vindi eates the same on the ground that such legislation is necessary owing to the peculiar conditions of agricultur al labor it this state. The great hody of such laborers, as is well knowin, are negroes, and it is claimed that being without any financial res ponsibility the ordinary remedies by judgmnent and exeution for breaches of eonltract would he utterly futile. That such is the prevaiin ig opinion is manifest in a'nother Act of the Gein eral Assembly of Sonth Carolina, ap proved February 20, 1907, wherein it is provided tha "any 'person or per sons 'who shall i hereafter go into pos Session of anv farming land of an other, or. sliall enter into a written agreeIMen t or contract to go into pos sessioi of the farming land of an other as a tenant or under a. contract to farm and cultivate said land, and shall without just cause or excuse leave, desert, or quit the land so leas ed onl contracted for, shall be deemed uilty of a misdemeanor, and be fin ed not less than twenty-five dollars ior more than one hiindred dollars, or suffer imprisonment not less than five nor more than thirty days, in the discretion of the Court.'' It not being contested then that the purpose and effect of this legisla tion is to secure the performance by an -agricultural laborer of the person al service required by his contract, by visiting him with pains and pen alties for its violation, the next, ques tion is whet hIer such legislation is val id mider the Thirteenth Ammiinent., which forbids slavery or involuilary servituile. On Ibehlf of the state it is conlenled (hat snch legislalionl is a lawful exercise of those plifice Iwers which aim1ittedly are reser-ved by the states; that it is a lawfiul exeise of snch pvweis to deliiiiee as crimes Ihe vitlatitin idf siien coitracl , and that persin - nvidIcI thnr'einier are wilhinl the exe'ptinl, the lanlgiuIge of the aiinemhneiil being '' involin-tary servitude, except -is a pulislimit 1o1' crime.' Inlasnllli as it is contendel by the petitioners that this legisla tion is also i.n conflict with the Four teenth Amendment, inl that it denies them the equal protection of the laws, being applicable only to labor ers woirking on file farm, amd is not e(<Ia'll and uniform, the (pli-ion will be (onsidvred as af fetet4 by the t wo o111Pndmlelits named. The pwrtinlent ehui15ses illf Ilhis uiw dm n'1t are as j'I )mns: ''No stall shall make or it force anly 11 . law which shall abridge Ite privileges mr immniiIies #of eitizens of)14 Ilie United Stiles; or shall a.ny stale deprive any pers(Iln of Ii l(, li.berty or Jiproprty' witl dgue procewss of law; n14r (1eny3 to, anly person1 withina its jurIisdlic'tion4 thle ('filal protectio of110 (lie laiws.' 'Thie poilice po4wer' is ain in. ine'enr ate, limt coniiven jilnt phiase' used to4 (designalite( 'that n pow'er inhierenit in 4'er soverei54 ly ino mae la ws e'ssen.. til lo thle publhiie we'~lf(are; I'o priomot e lhe pubhlien eathI, saf'ely and mora'ls, :itm i' 441'e en andif' pun't i sh guhe j m-s' inisio ofpu v.i o' ies I mi i n..~'s ill 4i'lf''I' (', I4 h ir n ofi (;we i'ufi'iel ' . eiil'i d 11111 c iety wherie'1 1fro i flits iy1411 idiolhiI'l pri'in ot proiety Like 'eery 4other1 po4wer, the1 pol1iceL (114wer' is subiject to th le Conist i tution,i anid canno b11le used as a cliak for' leg islat Iion wh ichemripa iraifs 'hiIs or' nudl ly r'esliels Ilibertijes gunarantee'd'4 by it. Va1s1 a11 'nd 4comphenf'lfsiv a( s is thle field f'or' the legitimate e'xerc'ise of thle piolice plower', it is no4t arb'hitrai'y or1 unllimnited', hut is fel t('red by thes fexpre'ss and4 ( ''1 p 1mpl'y priohii itions 'If the 'onst itoii lon whiieb is the su.. premne law of' lie land, and1 wherever 14"i 11on I ar lImed 'i'to to impaidit is15( -'neh le'ishI i441n andl dlel ermine whet hi. cir it r'ea lly relat es to thle pubil ie wel.. far'e. whntihe i isnacted :., te .ii