Historical Newspapers of South Carolina

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; VOL XLT NO 18 NEWBERRY. S. 0., TITESMA.Y. MARCH 3. 1908. TWICE A WEEK. $1.50 A YEAR THE FEDERAL COURT A TAKES JURISDICTION:;.1; WILL INQUIRE INTO MERITS OF j ?v DISPENSARY CLAIMS. ' In > A Holds When State Went into Wilis-j le; * key Business Right of Immun- no ity from Suits Vanished. m; OV Deciding i;i Asheville on Saturday cu \ that his court would assume juris- th ' diction and inquire into the merits of th the claims of many liquor houses fo against the South Carolina dispell- or sary hoard, ami continuing until Sat- de unlay argument on tilie question of th i' appointing a receiver for the $800,- ; ha > 000 fund left by the late dispensary, and now in the hands of (he wind- ar iui&'-up commission or the State, lie Judjre Priteliard rendered an opinion fir which 'lays down a broad principle of np importance and widespread scope. te: The opinion of the .judjre, which, th however, speaks for itself, appears tq fil hold that when >a State enirajres in the <?f wlhiskey business or other business pr not necessary to preserve its auto- th jf ^ nomy or sovereignity it waives its sti rights under the eleventh amendment it. to the constitution of the United States not to be sued without its con- j)(, sent. And further, he decides that on it would be unjust to permit the u-j State under any circumstances to aj avoid the payments of debts contract'ed for {roods on which it has made a profit. fJv A decision so broad in enunciation of principle seemed hardly to have (], > been expected by the counsel in the |,.j 'case at bar wild it will carry to the y, supreme court an issue which should \y serve to decide once for all the rights of the States under the ainen.l- \y nient. ? . * A I' t And not less iinteresting than the A. opinion is the condition which the X( taking of jurisdiction creates?that w< is, ample possibil5' ''or a conflct be- it< tween the State oi South Carolina wl and the Federal Court, similar to hn tihat in North Carolina at the tinvs so of the railway rate case decision. Even now there is peiuiing, to be heard th March 4 by the Supreme Court of ed South Carolina, a petition presented in to it by Attorney General Lyon, to > which asks that the commission be th compelled to pay out of the dispell- th ) sary fund certain amounts Tie needs (h J to prosecute those whiskey men whom an | he. declares have swindled South Car: olina out of untold thousands through alleged collusion wit'll the old dispellsary board, which bought their li quors, an act which the commission t)p I refuses to perform because of Judge ])(1 Priteliard's former order that it pay j,j, f* out :io money until further orders. |-(1 The attorney general expects that (J() do trouible wiW come of this because sa the Supremo Court will consider the S;1 proceeding before Judge Priteliard, n|? v but it is feared Hint trouble may come in other wavs; for exuniple, if (((l , .Tildue Priteliard should appoint a re- ^ eeiver and the commission should de- j|, cliiive lo turn over the fund to the re- sj( cdiver. Tt was under these circumstances t :-| that the court disposed temporarily of the' Pie i sell man n bill filed by ^ George P. Lester and Merrick & Baynard, and took up t'lie general eredi-L. tors' bill filed by T. Moultrie Morde- V1 Jf cai, of Charleston, and Frank Carter, W of Asheville, in which a receiver also . ''. I-- is asked. ' j/' V,W There was a mil.l assertion that M(1 V the ha ml Jones Company, also a ered..'Jfw'itor, had turned "iSlafe's -evidence:" ^ W hail told Hie commission nil it knew ' j, Ay about rascality coininitteil by nthcrs i j ..j in the sale of liquor and thereby so l(j placated the commission that that h)(l body consented that five Paul Jones ;)j Company should be paid what was |,| agreed as due it. Then arose an oh. ; jection by attorneys of other credi- c|1; tors to this payment, (lie upshot of p((| ::| which was that the court said that it. |u .Wl would order the payment if the com- Sll| If mission came in and stated that, tho j rij, account was agreed on, an action the ;(.n, oilier 'attorneys think the cnmmis-J.,], J sioi) likely to do. as it is disput ing j eoi the court's jurisdiction. jsel And then there is incidentally Hi.' tin claim by South Carolina people that en the taking of control bv the Federal e,i] { i i L >urt will render the Stale helpless prosecute the alleged swindlers of e dispensary whom Attorney Genad Lyon lias been so vigorously irsuing. because lie must depend oil I ling the munitions of war from e fund controlled by the court. The proceedings were largely of a .'.al nature alter the judge had anunced his decision in the Kleischinn case. There arose a controversy er the Paul Jones payment, a rlisssidD ol the need of a receiver for e fund, and the suggestion from e j mitre, startling to the attorneys r South Carolina, that by agreeing consenting to the making ??I* an orr that certain sums be paid out by e commission as expenses the State d waived its right not to be sued. On Saturday the judge wilil hear gument on the question of whether will appoint a receiver, ana on the st Monday in April (he judg\j will point a master in chancery to take slimonv involved in the bill, and e answer, wfliich will that day be led by the commission. The status t'he case remains the same for the esenl, the fund being hold under o previous orders of the court reraining the commission from using I'he commission now expects to apal directly to the Supreme Court the assumption of jurisdiction, but ill investigate to determine if an peal can be taken at the present litre or only after final decree. Among the attorneys present were -ortie B. Lester and Alfred U Barrd and Dull Merrick, representing e Fleischma.ui Company; T. Moniie Mordeeai. of Charleston, and 'ank Carter, of Asheville,'for the ilson Company, and other creditors. Attorney General Fraser Lyon, I). . Hountr^j^of ^Atlanta, and B. L. >ney, ot ( oiumbia. the commission; A. Lawrence, 'if Savannah, P. If. d>on. of Columbia. Lawrence Max'II. of Cincinnati, representing credos. and A. J. Carroll, of Louisville, 10 appeared for the Paul Jones use. Mr. Maxwell was formerly licitor general of the United States. When asked about the claim that e Paul Jones people had furnishinformation to t'he State and that return the commission had agreed pay its claims. Mr. Carroll said at there was no truth in it, and at the company had simply agreed al mistakes had been made in loiunits charged the dispensary. In the proceedings Saturday morn'X Judge Pritchard stated that he 11 not yet completed his formal >inion and decision, but thai in view the coining on ol' the Wilson easj thought it best to indicate what > decision would 'be. The court rerred to tin; contentions of the mplainants and defendants and id that the defendants, the dispenry commissioners, were not. ollicers the State in the strict sense; that ev are simply ollicers to perform a rtain specilie duty, lie said that 0 sum of #800,000 was placed in e hands ol' Hie dispensary commis>n to settle all just liabilities of the spensary; that, it was clearly a ist fund. "The suit is not a suit against the ale," said Judge Pxitchard. "While the State of South C'arola has seen til to engage in the pu *ase and sale of spirituous liquors cannot be reasonably contended ill in doing so it is performing the net ion usually exercised by a Slate ci-ssary to pr< <rve its autonomy <1 maintain its sovereignly. The ipivme Court of (he Stale has de1 *d Iiiat the Act nurnon/.intr ttw? eslilishinenl of ;i dispensary was coulutional. However, >t can hardly assumed that il w.*o-* contemplated the time of the adoption of the Ih amendment that a sovereign ale would ever engage in I he puruse and sale of spirituous liquors i" profit. The State having seen fit engage in this business and at the 11 e lime to deprive citizens of the :'hl to engage in such business in in pet il ion with the Stale, thereby iced if self in a position, where il "Id not, with consistency, avail Uf of the immunity conferred by 11 Ih aniondmr?o| in ? suit 'ike the e I>:ir, in whi.?h ^ f |(, a debt ' ci'ul ficted l?v |he in dividual* placed in control of such P] ' business with implied if not direct a'lthority lit contract sncli debts. { 11 v:ndeprived us citizens of A: j the riulit t:> enua:>e in tliis particular I 1mm* of business, reserving the riirhl | to monopolize (he business throu*rli iU agents appointed for that pur- T1 I;c. it would be manifestly unjust to permit the Stale, under any eir- pi can:tanccs whatsoever. to avoid I he In payment of debts eonlracled by the j m purchase of ?. t?i>ds from the sale id* in wVcli il has derived profits. Fi ''I have considered carefully Ibis "Ml j whole matter and had I any doubt I <*?' would uive the dofendauts the be.ie- av lit of that doubt and rule in favor of n< the State. There is no doubt in my dc mind, however, and therefore the court lakes jurisdiction." tw Jndire 'Vilchard said it was his If purpose lo appoint two special masters. \vj It was stated that these masters P> would be named Monday, when the th defendants made formal answer. The defendants announced that they m would appeal from the decision of dr the court. ps The I'anl Jones Company present- 10 ed a motion requesl.inu- the couri to 'R make an ord-*r requiring the pavment of its claim of ^121,000. slatinjr 1 that the claim had been passed by I the commission. Mr. Monlecai. of S(' Charleston, was on his feet i;i an in- 1)( j slant, protesting. He declared that (" the claim had been allowed in consideration of valuable information furnished the dispensary commission by ^1( the Paul Jones Company. Counsel nr for the Wilson DistiMinjr company made the point that the Paul Jones company was not a party to the suit, 111 and had not come in and surrender- m ed itself to the jurisdiction of the ^)0 court. Atorncy CJeneral Lyon, at this point, arose and said that (he Paul m Jones compa.iv and the Anheuser ai people had admitted thai they had over-cha!">ed the dispensary and in efiVc! cheated the State 0111 of thou- ' sands of dollars: thai they lad submilted to |lhe auditin*r of their claims. ' ?Me said that the Anheuser people ||' had been directed tn over-charge by one Farnuin of Charleston. The attorney ?eneral referred to the determination of the Stale to appeal. and suspires ted to the court in ^ efleet that in order lo avoid any unseemly clash between the Slate and Federal authorities "your Honor refrain from ordering; any speci/flc acts lo be done until the question of jur- e, isdietion is settled." ,j. J udjfc Prit chard to this surest ion of made reply: "This court is not <>oi:iy el to do auythi 11 to provoke a conflict. d< but at the same time the court is w jroimr ahead and do ils duly." w Judj.ro Prilchard said there was no necessity or reason for a recurrence hi of the unfortunate Incidents whieh th occurred in North Carolina last year. <>l lie said that this emirr is as minv-} a South Carolina court as any court, and incidentally that it is presided over by a Southern man. a' Jndo-e Prilchard instructed the Paul Jones people to have their claim (( certified as correct by the dispensary commissioin, slalimr that the court would then order I he claim paid. 111 Judire Prilchard remarked that Ire )1( wished all tlie claims could b.> ?<1 .jusled nt once, that they niieht be ordered paid. A Her the court had an t'inu in I he dispensary matter t'he . Wilson case was called up. 11 1 case was called up. 1" I he case came <ci for hearing on P'. 'ilion of ibe Wilson Distilling com- sii pauy and other cre'irors against tno In dispensary commission for the ap- tn. point men I of receiver ror rric jpSOfT.- ibc 000 dispensary fund. fo The application for a receiver is n< mode on the ground of nffejre.1 breach ni ()f trUSt. ;,| It was airrccd that lh.^ Iionrinsy iro he over until next Saturday, when arjyu- cd nu ut on the question of the appointment of a receiver will be heard by pn Ji'd?e Prilchard. of * n ledian chief is reported to have iki - oent ^.."tOO for comic valentines 'b's year, looks as ?|* poor Do will I'v-r h-arii : 11 vl !i in v worl.h whil,.' e:i'''oi| | lie <"d.I brick f>usine>s. ElIZES ARE OFFERED FOR SCHOOLS IMPROVED. I iinouncemcnt of Conditions for Entrance in Contest Made by Miss Mary T. Nance. le Stale. > The S11n!11 Carolina School lm-.l 'ovonient ussocialion offers prizes I n the schools of the Stale for the j its' decided material improvement j'l ado during a given length of time, ni ?ve of l lie prizes are .flOO each, an.I j i are to l?e .">0 each. Herniations eon- v 1 nin;r the li"> prizes that are to !> > v vardod I>y this association as anuiMced by Miss Nance, the presi- \ 'lit, are as follows: t 1. improvement must he made he- e eon January 1 and December 10, i '(VS. 2. Prizes will 'bo awarded to schools :i here the most decided material im- t ovcmenls have been made during e time mentioned. li 3. Under material improvements e included local taxation, consoli- (i it ion, new buildings, repairing'and | linling old ones, libraries, reading* 'I mns or tables, interior decorations, si 'autifying yards, and .better goner- s equipment. v -1. No school can compete for any ;i these prizes unless it is a rural | hool. No town with more than .">00 I t >pulation shall be eligible to then litest. ii 5. All who wish to enter this con- st must send names and dose rip- \ jus of school, before improvements t e made, to the president prior to f toibor 1st. ! 0. All descriptions, photographs t id other evidences showing improve- t ents must be sent to the president ti if ore December loth. Th chairman s the board of trustees of any 1 hool that is competing for a prize ; list approve all descriptions before .? id after improvements are made. ) 7. Prizes will be awarded in|t icHks at the annual meoMnir of theji >ulh Carolina School Improvement 1 socialion. Deeniber .'list. 1008. The n izes are to be used for further ini-l oveinents in the schools receiving |l icni. ( i LATIMER'S SUCCESSOR. 1 he General Assembly Will Meet To- ' night to Elect Junior United States Senator. 1 The Newtberry members of the genal assembly will go to Columbia loiv to attend the adjourned session the legislature for the purpose of ectiiiig a United State senator. l'n-r >r the provisions the Federal law, hen a United States senator dies bile the legislature of his Stale is J session, the legislature must elect I s successor, and can not elect until j| ie second Tuesday after notilication J ' the death has been received. M Senator Latimer died during the 1 osing hours of the general asscm- 1 y. and today is the second Tuesday 'ter the legislature was notified of < s death. The legislature took a re- ! ss until toniu'ht, when il will ineel > 7.-U). When the legislature convenes to- i ght, each house will vole for a sue- I ssor to Senator Latimer. On Wed*sday the two houses will meet i:i I iiit assembly, and if any man h;is a t ajority in each house, a majority J the senate and in the house of rep- I sonlalives. he will be declared electt. If not llie joint assembly will | <" oceed to vole viva voce. Under this rule, if any can.lid M on Id receive every vole in ill1 1 use |oni<>ht. and vet. not receive a ,' ajority of the senate, he would not hi elected, but il would be necessary j r the joint assemby to vote on Wed- ; sday. If, however, he should to-i u'bI receive a majority in the sen e and also a majority in the house, f would tomorrow bo declared elect- ,t I Many gcoitlenien from differenl < iris of the SlaU- have been spoken :i in connection with the position. I id il seems to be an open race with certainty as to the result. j" A healthy manner of play i?* nee- ^ sarv to a healthy man i<*r of work. | I'll-kill. J' NEWS OF POMARIA. ] farmers Taking Advantage of Spring Weather?PersonaJ?As to Dogs. I'otnaria. Marc!) 'J.?-Mr. .John ie.vbl, of this rommuii'ity. has recent-| y moved in Prosperity, where Ire will ^ nake his home. We regret .to report that Mr. .lacob ?iv;i'ny>lone is very ill with pnenuonia. Mr. Willie liiscr, o|" Sehna. Ala., is 1 "isiti:ig relatives and friends in this ' icinty. ? A number of our young people s vent u]) to Newberry Friday to at- ( end the college m.inistrels. They x press themselves as being highfly 1 >leased with the entertainment. ' MV. Ad-am L. A nil is able lo l?e out ' igain. alter a three weeks' siege of ' he grip. ! Mrs. W. iS. Seybt is cm.fined to her 1 mine by illness. I T!ie 1'ariners are taking advent age , if the recent pretty weather to begin ' do wing, and lo haul (their fertilizers. [Mie indications are that there will be i good d ia'l of fortili/.ers used in this I eel ion this year. A good many oats < vere sown this last week. while some ire yet to be sown, I There is a growing sent intent in I hiis communrilty in favor of the enactne;it of a law requiring the owner of i dog to keep it on his own premises t ?at least for the greater part of the < 'ear. The discussion of this ques- ] ion was started afresh by the ex>erience with mad dogs in Newberry | a sit. week. There is certainly much ( o be said in favor of such a law, and ] he writer has heard very little ugainst it. Iliunters say that t ho ( carcitv of game is due more to the 'act that hounds and curs prowl iround in the fields during the ipring and snnnnier and destroy the ( >artridge eggs and the young rabbits, ( han to any other cause. Then, loo. t wouhl be astounding if it could be viiown just how many hen eggs are lest roved in this comity in one year iy these worthless dogs. Besides his. .lie man who is enterprising noiu h ' > i-.tutnpt -beep raising can rever lie certain, under present conlit ions. thai bis flock will not be deileted by some prowling cur: but nore i'nportanl to consi ler tlwvn all hes<- tliin-js is the danger that some ' tino .-cut and helpless child may be ' )ilt?.n by a mad dog running at largv. S. GAVE BIRTH TO 5 CHILDREN. Ihrce D. ?ti Within aai Hour After Birth?Tuc Will Live?Ca e In Ohio. | Stei : v'ii . Ohio. TV". LK\- Kive , >erfee;! !' <! child.ci> v. l> :rn re re I >d-iy t > Mr. s;:*d M: Ceor. 'amp! \!. Tin: e of ti e te e. *s died ivithin an hour af.er 11*i?i: bi.'.':. On.)oy ai d one girl will live, ii :; s-t: !. fin e of the ciiildr.' i wen Mrs. j 'ampl i'l! wei?>lir> l-ss than !' ') ! lound-;. The combi.'.ed wei.hl !' th"h life .;> was i)') j>> u.id . !'hy ieians J leciare t!:e ease to be one of the nost ivmnrkiuhic kinimn to I lie pro'es-ioii. Campbell, who is a mill worker, nis four brothers. To the family of wo of these twins have been born.I in I each of the other brothers i^ "atlier of I riplets. 11 Campbell's'first wife died after be- I' onii.ig the mother of I riplets. Camplndl was for '_! year-, in the ' ' niled States navy, and /ought mi- ! lei' Schley .'it Sr. I ilia MO. Two of iii< i| M'others are no*" with Admiral l-'v- !1 ins1 fleet in the 1 'acilie. j : Protecting His Magazines. ! i "While waiting at the doctor's he other day I picked up a magazine , Vom his table to pass the time," said ) | he man who observes things. "All 11 'hrough the book on nearly every i] it her page was stamped bis name,' ? nd it so irritated me that I spoke j o him about it. j' " 4 If I didn't fill that magazine J ; ip with my name.' he said, 'it woul 1 ji iot I j i > t ten mi mi! ,'s i i :hi< place, j '!>:< b idy wouhl be sure to cmm v i< | iway. I''v<mi a il i-;. ' lo-e o?i < v< t * i ill! while. ' " New V- : |'; j BISHOP W. W. DUNCAN HAS PASSED AWAY DIED AT 9:30 O'CLOCK YESTERDAY MORNING. Had Been 111 for Some Time and Death Was Not Unexpected. Bishop William Wallace Duncan lit1,1 aI Ins inline in Spartanburg at >..'1(1 oVIock vester.la\ niorninu'. ISisli>p Duncan had been seriously ill for onie lime, ami 111 v? end wns nol un xpccted. flic news of Bishop Duncan's death vilI carry sorrow to thousands of icarls Ilirou.ii'hout the South. TTe was ho first ot the four bishops of tlie \flolhodisl church chosen in 1SS(>, and titer his 'election to the episcopacy le was as before, unlirinir in liis la)ors for (lie upbuilding and the deI'elopnu ill of his church and the h.dermenl of his fellow-men. Hishop Duncan was born in Virginia in His father was a naive of ilivlland. who came to this ouiiI r.v when a yonnn- man, and who served many years on tiu> faculty of Uaiuhlph-M aeon colh'-je and of Woffor.l college. Iiishoi- Duncan's education was he.vuii .ii !{andolph-Maeon and coniplel 'd al Wo I ford, lie entered ihe Yir-*i11ia conf. r -nce in 1S."?!>. Kli/.ahcth, S'. ('.. was his first appointment. At I ho outbreak of (lie War Between the States, lie entered 111'.? ?onfederile army, serving as eliapai:i. In 1S7"> lie was eleclcd professor >f men tail and mural philosophy in \\rofford college, which position he li.-'.d for (deven years. In 1SS1 ho. v-as one of the rcpresi ntal'ves of his church al the Methodist ecumenical [ onfcrenee held in London. Of brilliant intellect, prompt and ilecisive in his rulings, but always [ oiirhous and pleasant. Hishop Dunran was an aHe presiding officer. As n preach. .' lie was . radical and powerful. As a man lie was sociable and sympathet ic. Ite was rocornized as one of llul ablest men i.i the Methodist church, ami lii^ death is a heavy loss to iho church and to the State which claimed him as one of her citizens 1 i boo Duncan presided over Iho Mv! hodi-1 con fcrenee in Newberry in h wen be- 1 {M)'?. He preached in ''c:<'ral M"thodist church while Iho Jjj c <]> I .>rc;icc was in vision here, and i-1 s sermon he s- ol<e of the need in ? I his aire for nveu. manly men. eduea- ?a 1' I men. espeeia iv in lb* vospel milli.-trv. Xever more than at present, ? lie said, had this call for well ; mli- ' Ii<*< 1 W Vers b".'l) IlKM'e ilipe>;,,,i\ >. Aihove all. Iiiv.li character and purpose were demanded. This aw needs men and women of Christ Iv c"iisecration. lie said. "I care not whether you call a human bene:- a triclo my or a dicliolomv. I want a man." Bishop |)*.:::cv > him. If was a man, i ihe highest a! ; tr '.-l sense of tlie word. Hishop Dun' n v.*rs uncb of Mrs. W .11. Wallace, of this city. Heart Stopped; lie Lives. N'. Y. American. I'or .tine days the .'5-year-old soil f Klin-. Mar.olias. <if 1.">U |{ivim;lo:i Street, has b.-*en in a state of conio'ct" irm:i. ;mh1 tlie physicians call ! I o < rea I lie eh rid a re tba (Vied. On on,' occasion llhe baby's temperature was 10(1 I -'J d.-uTces ai; 1 his icarl stopped beat in;.'-. The chances ire, however, that lie will recover. i nit prohalhly will never regain full / ise of his mind. J Scarlet fever at lacked the boy a / ivec|< a _> (i last Thursday. When he remained unconscious for two days iicdical men said there wa< no hope. Sunday lie was kept alive with d ryclminc. I here w as a -)iul11 improvement on Cue-day, arid it was noticed thai the efh-x senses were active. Since ||icr here lias heeu no < 11jin . I >r. I liamon I .said v< -lerdav t!i id-- was l!.t only ease on rcce1"* i"' f< vcr ci ! I>f > leli li a ial not re-nil.-d in d-a!'].