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, ' 'mm - yM i , i ||)C ||eralD anil Jeros. VOL XLIV NO. 73. NEWBERRY. S. O.. FRIDAY' AUGUST !). 1907. TWICE A WEEK. SI.50 A YEAR INCOME TAX CASE . WAS DISMISSED SUPREME COURT REFUSES TO GRANT INJUNCTION. Holds That Taxpayer Is Provided With Different Method in Making Payment. The State, 8th. The supreme court has decided that the petition for an injunction to prevent the collection of income tax from a taxpayer in Laurens county shall bo dismissed and that should the taxpayer desire to protest against the payment of this tax there is a procedure provided by law, which the petitioner did not follow. The test of the income tax laws, which it was proposed to bring- by Mr. J. 0. C. Flamming, a taxpayer of Laurens county, was one of the most important cases argued by the attorney general at the last term of court and for the present, at least, is a decided victory for the state, although not passed uopn by the court. The decision was written by Chief Justice Pope and owing to its importance is given in full as follows: J This is an application by the peti-| tioner, J. O. C. Flemming, to this court, in its original jurisdiction, for a writ of injunction against the re-\ spondent, as auditor of Laurens county, to enjoin him from proceeding under an act of the general assembly entitled "An act to raise revenue for the support of the state government by the levy and collection of a tax on incomes," approved the 5th day of March, 18t)f, and now incorporated I in the code of laws of South Carolina, 1002, volume 1, as sections 325, to 331 inclusive, to assess and charge against the petitioner a tax of 1 per cent, on 'each dollar of his income over and above the sum of $2,500, to wit, the sum of $30, and from adding thereto 50 per cent thereof as a penalty for petitioner's failure to make a return of his income. A rule to show cause having been granted the cause was heard by this court upon the facts stated in the petition, and in the answer and return of the respondent. Therei s no dispute in regard to matters of fact. The questions in issue are questions of law. However interesting the merits of the case might be this court will not consider tihcm. It is well settled that where there is an adequate remedy at law courts of equity will not interfere. Therefore, in this case if petitioner has an adequate remedy at law the injunction will not issue. Section 413 of the civil code provides: "In all cases in which any county, state, or other taxes are now or shall be hereafter charged upon the books of any county treasurer of the state against any person, and suoh treasurer shall claim the payment of the taxes so charged, or shall take any step or proceeding to collect the same, the person against whom such taxes are charged, or against whom such step or proceeding shall be taken, shall, if he conceives the same to be unjust or illegcd for any cause, pay the said taxes notwithstanding1, under protest, in such funds or moneys as the said county treasurer shall be authorized j to receive by the act of the general] assembly levying the same; and upon such payment being made, the said county treasurer shall pay the taxes so collected into the state treasury, giving notice at the same time to the comptroller general'that the payment was made under a protest; and the person so paying said taxes may at any time within 30 days after making such payment, but not afterwards, bring an action against the said county treasurer for the recovery thereof in the court of common pleas for the county in which said taxes arc payable: and if it be determined in said action that such taxes were wrongfully or illegally collected, for any reason going to the merits, then the court before whom the case is tried shall certify of record that the same were wrongfully collected and ought to be t refunded, and thereupon the comptrolt ler general shall issue his warrant for ' the refunding of the taxes so paid, ) which shall be paid in preference to (other claims against the treasury: Provided, That the county treasurers shall be required to receive jury ami witness tickets for attendance upon the circuit courts of the state receivable for taxes due the county in which the said services are rendered." Why this remedy is 'inadequate in this case we are unable to see. Petitioner -bavin"- brought his action for recovery the court can then proceed to an inquiry as to the validity of the act, and if it is'found t'obe null and void his money will be refunded. Petitioner contends, however, that even if in this instance he recovers the taxes so paid, that the above quoted remedy would bo insufficient; for fche reason that each year there would be an illegal assessment and collection and as of tot*'lie would be compelled to bring a action for recovery and would thafs be put to much annoyance and expense. Clearly this contention can not be upheld. The idea of county or state authorities attempting to collect a tax under a law declared void by the courts is absolutely repugnant to the principles upon which our government is founded. The power of the courts to pass upon legislative acts and decalre them unconstitutional if necessary, is regarded as one of the bulwarks of liberty and of the protection of property 'and any action which in effect, nullities such authority or brings it into contempt will not be likely to occur. In our opinion the petitioner has a | full and adequate remedy at law and I therefore his petition is dismissed. It is believed now that the petitioner will take the means provided in the code for a test and bring the mat'ter up to the higher court in this way. STRENUOUS LIFE KILLING THE MEN Remarkable Situation is Disclosed in Chicago.?Health Department Report. Chicago, Aug. f>.?The strenuous life is killing the men of Chicago at a tremendous rate, while the women of the city are increasing their longevity by the simple life, says Health Commissioner Evans, in a report. He declares that a century will see Chicago an Adamless Eden. Dr. Evans makes the startling statement that during the last seven month of 1907 in Chicago about 12,000 men succumbed as compared to 0.000 women. He says that in the last year the ratio of difference in the death rate between men and women has been 30 against less than 10 per cent. 20 years ago. , The cause of this is attributed by Comnrssioncr Evans to the strenuous life. Contributory causes are the quick lunch, constant exposure and earo'ossnoss. A Million a Month. The truth of that old saying quoted by the farmer's wife as "them that has, gits!' is again strikingly shown by tl?Q immense profits of one of New York's multi-millionaires. The lucky man this time was August Belmont, who financed the building of the New York Subway in "panicky" times, when nobody else in Wall street wanted to touch it. Belmont evidently foresaw more clearly than experienced fraction men the wonderful transit possibilities of New York, says the Broadway Magazine. He was more than the practical man; lie was more Mian I be dreamer; lie was both, for lie gave the city its much-needed, long-delayed subway. As for the situation today, judged purely from a financial standpoint, it must be generally admitted that, however burdened the InterborougbMetropolitan Company may be today the city's tremendous increase of traffic will within a few years place that company upon a sound dividendpaving basis. When that happens? and cold, hard figures say it must? August Belmont and associates will reap a golden harvest. From 1004 to 1005, previous to the Metropolitan merger, the stock of the Tntcrborough Company soared from 82 to 22.1, and several big fortunes wore made on the rise. Belmont's wealth during the period of nearly one year is said to have increased at the rate of one million dollars a | month. ) THE NEWS OF PROSPERITY. Sleeping Vroacher in ProsperityFaculty (traded School Chosen ?Off to Jamestown. Prosperity, Aug. S.-?Mr. L. S. Bow ors has "one to Glenn Springs. Mrs. Sallie Black, of Saluda conn ty, lias ?'one to Charlotte to visit hoi sister. Material is being |?ut on the groum for the new LuMieran church. Major Perry, the sleeping preacher ?vas on exhibition here Wednesifoj night. Quite a number of person* were out to hear him. There is something very peculiar about this negrc and the peculiarity or mystery hat never been satisfactorily explained, The idea that has been advanced thai he reproduces sermons he has h?ai\l in times past will not hold. lie preaches every night and from different text, consequently he. could not have heard enough to have lasted iliim ' Mr. and (Mrs. Pat Kennedy, of Due West, arc visiting Mrs. Kennedy's mother, Mi's. I). II. Withcrspoon. Rev. Mr. What taker has been conducting' a protracted meeting' at Zion for the past week closing on Wednesday evening. The board of trustees of the new high school elected the corps of teachers on Monday. Prof. 10. O. Counts as principal and Geo. 1). Brown assistant principal teacher. The faculty for the next term will be Prof. E. O Counts, principal; Assistants: Geo. 1) 1). Brown, Misses Margaret Leckit and Erin Kolin. Mosses Lucille Wise aim Maude Wyse, of Saluda, are visiting relatives in town this week. Mr. J. H. Wise and children, of Lit tie Mountain, were in town Wednesday. Mr. Wise has been sick for soim weeks, but is able to be out again. Mr. Thos. Matthews, of Ninety Six is visiting relatives in Prosperity ant vicinity. Dr. J. M. Ridgell, of Batcslnirg has been visiting his aunt, Mrs. A M. Lester. Dr. Little,johti, of Union, has. beer visiting fricnds(?) in town since lasl Sunday. Misses Helen wild Alice Schumpert of Yidalia, Georgia, will leave for ,r visit to relatives in Atlanta, Ga., oi Friday, from there they will returi to their home. Mrs. I). P. Boyd, of Union, is visit ing her brother, Mr. J. W. Thompson Miss Elliott Dobbyns, of W'hitmire is visiting Mrs. B. B. Schumpert. Miss Eveline Brownie, of Cross Hill is visiting* Miss Kate Thompson. Mr. Paul Fellers, of Columbia k V'M M yeWsspen t Njient Saturday with Mr. Hart Ivoln on his way to visit his parents ai Mount ville. Mr. .1. I). Quattlebauni is ihonu from the liosjMtal. Miss Erin Kolin returned Tuesday from the missionary convent..^i a1 Asheville and friends in the "land oi the sky." Miss Gertrude Simpson has returned from a visit to her aunt, Mrs J. Q. Werts, at China Grove, N. C. A jolly party left Prosperity or Tuesday for the .Jamestown expositioi under the care of Mr. S. S. Birge, (fa miliarly known as Dock.) In the par ty were Mesdames E. E. Young, A. II lvohn, .J. F. Borwne, Miss Gertriwh Bobb, Messrs. E. B. Cook, Gus ^ onus*' Perry Schumpert, Chapman, Tla and Ernest Kolin. They will alsi make a pilgrimage to Washington. Misses Edna and Lucy Kellers have gone on a visit to relatives in Green wood, Ninety Six and other places. Hart Kolin has gone to MouivtvilW to visit Paul Fellers and together the\ will take Harris Springs. A. R. P. Services. ; AMI a. in. and at StfO p. m. nexl j Sabbath there will be preaching ii (the A. K. P. church at Prosperity ! At 4 p. m. there will be preaching al | Unity. Barbecuo at Sligh's. Mr. Jno. C. Mills will furnish r barbecue at Sligh's on August 17, th< occasion being the meeting of tin farmers' u.i'on. Prominent speaker? will be present and will deliver ad dresses. The price of dinner will be 35 cents and 40 cents. Everybody invited and a good dinner is guaran 1 teed. THE OIL INQUIRY IS NOTHING NEW INVESTIGATION WAS MAD] THREE YEARS AGO. - Alleged That Commissioner Garfloh Declined to Give Out Matter Recently Made Republic. Washington Cor. Columbia State. , \n><> vhtv he\<oro (arraignment o the Standard Oil company just givci t out by Mr. Herbert Knox Smith chief, ot tlic bureau of corporations > comes at such a psychological moment ; following close behind Judge Land is . $29,000,000 fine, as to recall to Miewe who have watched governmental at" I fairs here with a special eye on tin ; bureau of corporations Mint this in - vestiagtion of the Standard Oil com pany was really made three years ago . under Mr. James R. Garfield, forme; s chief of the bureau of corporations. Some of the a fronts who collectci Mic data for the bureau left the gov eminent: service a little over tw< 1 .veers ago and one at least of Mies, ever since that, time has been tellim of the information about the Stand a ill which he collected for the bureau but which Mr. Garfield declined t< i S'ivo out. Tn the commonly acceptoe opinion it was too damaging to tin Standard. Why it was not. given on Mien, and is given out now, is a mat tor f?>r conjecture. A\itli all the noise the administration has been making about trusl 1 bustin? and the ravages of predator\ > wealth, there is undoubtedly consider able touchiness and caution on tin - part of the government officials whei it comes to really doing anything oi ' c\en saving* anything which might in jure one of these big corporations oi , might tend to stop the operations o 1 the trusts, which from tihe beginniiii have been the peculiar creations aiu , pot* of the Republican party. With Bell and Horn. Mr. James R. Garfield went inte i the bureau of corporations witrti a rins t of the boll and a blow of the lion from the White House, announcing t< , Mie world that the trusts wore to b< i investigated. Agents were to be soul l abroad in the land and wherever s l 11 ust was found it was to he reporter to the president, who was going t? - forthwith bust it, wipe it out, destroy . it trom the face of the earth, an? , establish, in its stead, justice, scoun the blessings of liberty to ourselve? , and our posterity, and all that sort ol thing. And Mr. Garfield's agents dh , go abroad in the land. They wonl here and they wont there; they wonl i cast and they went west and then t went clean over the cuckoo's nest, hecause they did not dare go into thi? ? nest and toll the country what was ii: there and what tilio cuckoos were real,* ly doing. But to satisfy the aroused I pe??ple, who were crying out against r the oppressions of the Standard Oil company, its holding up oilier corpora . tiions for rebates <wiith one hand while . with the other it held up the people by putting up the price of oil, to satisi fy tho constant clamor of the proi pie and |o save the administration . from popular execration, Mr. Gar field did send out his agents to in. vc.-ligate this great raging, blood> sueking octopus. f Those who are employed by the hu1 reau of corporations in the capacity > of agents are not politicians. The\ are not administration henchmen, noi ; are they partixans against the admin. i>! ration. Mo sit of them are economic Experts, students, philosophers, sotnf . o| them smell noticeably of the lamp They wear whiskers, trimmed in Yai l)ykos, an<l gold-rimmed spectacles fastened before their eyes by hook? baek of their ears. They are selectee [ for their jobs according to the civil i service rules laid down in an eldoi . day and champoincd by Mr. Theodon I Uoosevel't himself, in his unsophisti cated youth, when he did not seo the necessity of having Hough Hide's am other ardent 'admirers of his oharrn ( ing personality in the various govern > ment positions. ; Real Investigation? ' Now, those agents of the bureau ol | corporations, some of 'thorn at least ' i proreodcel really to investigate the ' Standard Oil company. They turnei in as a result some very startling fact; 'about this mighty trust; but tin?'trusl was mighty in more places and in i more ways than one. Whether or not r one o| (.lie ugly claws of the octopus extended through the windows of the i White House may be true or it may I 3 not l)e truth. The damaging fuels I were turned in about the time Mr. > Roosevelt and Mr. Ueorge H. ('oriel- i 1 you, who had just been at the head i ot the department of commerce and I labor, to whioh the bureau of eorjxu'a- 1 lions is attached, held up a number ? oi eorporatios for large contributions i f to the Republican campaign fund. < ;i Just prior to Mr. Cortelvous his- < [, foric descent upon the gold laden f vaults of Wall street, the department i , at- which Mr. Cortelyou, tilie national ' Republican chairman, had been at 3 the head, had collected through this I - bureau of corjwmitions a large amount a of information about the various i - trusts. This information about the f - Standard Oil company, or much of it, ( , was known a*t the time. The Republir can campaign books of that campaign ? have not yet been opened for the ? 1 perusal of (lie public, but it is a vca- i . sonable inference that those books i j contain an influential subscription by j t'he Standard Oil company. > ^ "Has the Standard Oil company, . like Mr. Harrimau, refused to make ( further contributions?" is a question I y which is being asked by inquiring j minds who have an inkling of the in? wardness of tilie situation. i I Zach Mcdhee. Advertised Letters. , Letters remaining in the poslolYicc t I at Newberry, S. for week ending, \ August ,'lrd, 1007. , B?Mr. Mae Braswell, Miss Mamie ?, Bowers. , > l?Mr. Rnbby Colley, Mr. A. 1). r Cambell, Mr. I). F. Cagle. 1)?'Mrs. Bulah Davenport, r (I?Miss Jannic Oant. Mr. Klia , f (Jreen, Mr. Gilliam Grim. ' * J?Kinma Juher. 1 M?Mrs. Rachel Mason. N?Mr. John Nichols. P?Mrs. Fannie Pews, Mrs. Fannie 1 > Pcnn. ' r R?'Mr. R. B. Ritchie. ? S?Miss Leonc.s Sorter. > T?iMrs. Minnie A. Taylor. W?Mr. Thompson Whitner, Mr. ? 1 O. L. Went to, Hattie Wals. i Persons calling for these letter will ' I please say that they were advertised. ? ('. J. I'u reel I, 1\ M. 1 I .TUST SUPPOSING. 1 > i < What May Happen When the Air { I' Ship's an Actual Fact. I i I There is very little doubt that the ' 1 air ship is an accomplished fact. What ' hoots a year or two when time is flying as swiftly as i| dues nowadays? > But has anyone considered the new ' 1 ilangers that will follow in the wake ! * of the new machines? Docs anyone 1 imagine that life for him will be the 1 old, care-free existence that it lias 1 been lor the most of n<; that W'hen ' the air is.fillcd with iron and steel and .' wood, man will go his way, unheeding ' ' upper other as of old ? ' Of course, in the very nature of * things, the first to equip themselves ' 1 with aerial racers will be the reckless devils who now run ya soli no juy- ' ircrjiauts on our hiyhways. Is it not easy to imagine what they will do when they yet up in the air? * Will life on -the surface <>f the earth " have any semblance of safety while ' "white eagles" and "red hawks" are ' careering in upper air. spilling out tools, and now and then ar. occupant? In these pleasant days, if a man is walking about New ^ ork all he has to _ think <>!' are the trolleys, the motor | ' cycles. I lie ordinary lieeU, the automo- ^ biles, the dear old horse cars and the * other horse drawn vehicles, inchidin'.'' < the lire enyiues and the amhulances. j 11 he is alert and spry his chance of ; lile is as good as that of a soldier in | a secondary skirmish. His adver- } sarids ai'e all on the level, so to speak, and he can see what is coining without : raising his eyes to heaven, a thing < that mankind fell out of the habit of doing ayes ayo. i But with the upper air full of ships, i < and the ships lull ot people, and inanv' f of the people full of ||m> inloxication I . , born oi free life in the void, whv, I i, 1 would not write any pedestrian's in- ( I nr.ince without charyiny a pndiibi- > < live premium. I f.el us ><tpposc two irre-.pousibh's , iii nit air ship. "Hand mi' that wrench, Bill, fliere's something the matter with ihis nnt, anil 1 want to take it off. Ijook out! Gee! you missed hit tins* hat chimney. Can't you steer? Oh, \<m careless idiot! What did you Irop that wrench for? It struck tho lorth light in that studio building. Net's got away, quick. I'll bet that k-ou've killed the artist at work?to ?ny nothing of losing tiho only wrench >vc have, llello, did you see that? An >ld chaj? foil out of that pink machine, and I'm blamed if he didn't jrab the spire of Grace church, and there he is!" "Shall we rescue him?" "Rescue nothing. Want's the mater with his own people doing it?" "Well, I'm going down after that wrench. I don't see any commotion iround that studio building. Guess wo lidn't kill any one." 1 he air ship turns, goes back, drops intil it is about Ave feet above tho rround-glnss north light, and then the nan w|.<? dropped the wrenoh, making i cone of his hands, culls out: "Ray, you artist, below there, did 'on hear anything drop?" A moment later a skylight is open'd, and an excited man in a blue douse makes his appearance. " i>id y Ml drop t hat wrcm-h ?" " ' o<. awfully sorry. Did von find t ? " "I came near finding il on my head, iml il' yon were in a balloon, instead d an air ship, 1 M put nn| Vnu uj? comnission. Confound you all! | yi |'0 jsu>( vorlh living since you left tihe liighvays.'' "Let's have the wrench, that's a rood fellow."?Cenutry. THE FLIGHT OF BIRDS. 3wallows Fly Much Faster Thau Pigeons. I lie French scientific weekly, Ciel ft lerre, prints a very interesting aricle about I'lie speed of several birds, is observed by August Vershc.urin of \ntvverp. The rapidity of flight Todited to the swallow (200 feet a second) seemed exaggerated to him, ind lie undertook some experiments >n his own hook. He sent several baskets of pigeons o Compicgne. France, and in a sep11 ate cage a swallow which bad its lest under the gable room of the rail'oad^station at Antwerp. On Novem>er i, at 7..10 in the morning, all the, >irds were liberated at Compiegne; 'lie swallow took a northern direction', is ipiick as lightning, while the pig'ons made several spirals in (he air >efore they started in the same direcion. flic swallow arrived at its nest, n Antwerp, at S;2.'{. a number of witnesses being present at its arrival. I he lirst pigeons only arrived at. heir ?h\s|inalion at 11..I0 ?>|* ||,<> same norning. The swallow had, therefore, overed the entire distance of 1 Hi l-'j mles in I hour and IS minutes, which s equal ! > a speed of I2S 1-2 miles ><M; h,n"' ?' ' bout IS!) feel per second, vhieh is about double the speed of an ixpress train. I he pigeons only reached a speed >f :r? miles an hour, or IS feet per scc>nd. It may be gathered from these figures how rapidly the migrations of swallows take place, as with the speed ' i ven above it would require only ialf a day to fly from Belgium or entral Germany to northern Africa. Mercury, 1907. I he old broker handed the messenrerboy a yellow slip and then pointed " "'e bronze statue of Mercurv, Aiiich stood on the desk. ".My boy," said the old broker >olMnnly, 'do you see that statue.' Well, hat is Mercury, the swiftest messenger boy on record. \?w [ wn,? yo|, 0 take this message and go as fast 1 Mercury." dimmy shitted his chewing gum ""I loved with the ends of his do<'snred novel. ^ oi II have to excuse me, mister," he responded, "but I can't do i?n.\ thing o| de kind. In de ln-st place, I've _ <?( in..re clothes on dan dat lobster, and, in de >ecom| place, if f was faught running like that I M get turned out of .If union.'' A ii.I l lien .Jimmy winked af, the Parted off ?l |.|l(. "t'l -ait.--<'hicago Mmvfi.