The herald and news. (Newberry S.C.) 1903-1937, March 27, 1908, Page TWO, Image 2
jr COMING
Friday, April 3.
i Il!
%? i' ..?;3--i:; . . :-v.m;->^. V:--.---1 jfe>*?* -';^j :,
m^lW^ ' ? o M >
Mj'J; I ":, '' . I ' " f<$\ ,' * y.*m s
: ?' ^ Vi?' . 1I - 1 : ". fP?{ .,
It?*"/ ;' ' s*':' 'Vf ., ( $&.< .
I i- *?''?... . " ' '"' '
*m$>\ '' .."' } /!. '. "
fe*V\l ' . -\;V; ' ". 'lyf ifJ?M
&gm wr; * r" * i.
^ ?~~,5 ^ ^j
, Is
and Great Trained Animal Exposition i;v
i
Enlarged to Many Times Its Former Size
I ('
fir^"' fl{? ,;,
WMm I Is
He 4$^'l2? 3?5 *^1 ' I I1'
SPiNHM @Ps? ' I :!
mi'lMmm. t-s n <~-~rt ~t% I ii
:||it ff ?|-J|8 p|/;% ^|fSffi I
ift! y I
iS'M itiii '( i: iJHji';j' iHj |(j^. -^j| g
RWHfvrfi 1 r
Savv,1 i'i|I'M"!I'M U?! Q J&fl -i/ ^ gj
M? *'| | j[ f! j-; ' J^Sj'.j!, jj!;. \ I iji ^ iv - ' Si^j \ '.^ jj^ j ^
^ J
Set; Llie Orcal Porformin^ KU-jiliatiLs, I.ions, Timers, Hcautiful Trained Horses, t
Ponies, Dogs and Monkeys. Whole Troup of Funny Clowns Panhandle Pete t>
and his Comedy Mules. ji
Gorgeous Street Parade at Noon, aud Pig Free Exhibition at the Show
Grounds Immediately After (he Parade.
wKTAvair.t-ixtjwieecwi.t* \3c^t^jk.njrivmmyurc.vrjikzi'j4atr!txxami jc-jwevammimwimiimiinii iimiiwi a
WANTED ;;
Every one who is in need of 'j,
Fine Box Paper, Extracts,
Talcum Powder, Soaps, etc., I
to c?U and see our line in 11
Herald and News building ?
before purchasing. *
We also have a nice line of ?
Candies, Post Cards, Easter r
Cards and Dyes. Come to \
pr see us before buying. ^
HERALD &. MEWS BUILDING. 1"
\
\
RATE LAWS INVALID.
Pedoral Circuit lOourts Uphold in
Minnesota and North Carolina
Oasos.
The supreme court of the United
States on Wednesday added another
0 the series of decisions which have
endercd notable the present term of
ho court by refusing top-rant Altorley
General Younj?, of Minnesota, a
vi:t of haihens corpus r*licvinj? him
rom the penally imposed by the UniU
d States circuit court for the district
f Minnesota on the charge of conempt
of court in instituting' a preceding
in a State court for the 011orcement
of the railroad rate law
I'ter the Federal! court had prohibled
such a course, and in allhmiui?'
he decision of .Judge Prilehard. ??i" J
lie Failed Stales circuit court for :
he western district of Xorlh Cam-1
ina. discharyinjr from imprisonment '
ames \\r. Wood, a ticket agent of 111 |
Miuthcrn Railway at Asheville, after!
e had been sentenced by tin; Aslic- j
ille police court (o serve a term o.i j
lie rock pile on llie charge of co|'cling
for a ticket on that road a!
realer price than was permitted by1
In1 Slate railroad law.
In both cases the riu'hl of the Slate1
i? I i.v rates for railroad t ransporta- i
ion was Iho issue, and lioth involved!
onf!:cls be-ween the federal and Iho!
tale c,nrls. T!w; decision in each case
as opopsol both lo the Stales and
heir vourls. !
I
The opinion of the pour! in both
uses was announced by Justice Peckam.
and wil'li the exception of .Ins-'
ce I larlan all the ot her members of
ie ci.iirt si.mil behind tiim in ihe an
U'ueiiM'iils <>f 'lit* court's findings,
u-I ice Marian read a dissenting' oi?in- :
in I i:? \ ? !111case, in which h'.1
\i "'e->ei| ill,, view ihat the su't was
ra -li< a 11 \ ;i proccdimv .lu'aiiM liie
tale. ami. therefore, uo| permissible
nder I lie eleventh anicuiliiH'iit lo the!
>ns| it hI ion. lie therefore charactered
iho opinion as era-inakinu in the!
islory o|" the court, said il had llie
tecl of closing tile courts ??f a Slate
.lainsi the Stale itself and' predicted
lat the result would he disastrous.
I he two cases were so similar that
til practically were decided in one
union. The principal pronouncement
as made in the Minnesota case.
Justice Peckham's Opinion. i
Justice Peckham's opinion as out- i
tied is in pmi as folhiws:
"The court has decide p. That by <
ason of the eiiortnous pcnalties-pro.
ded in the rate laws by way of fine* 1
:aius| the companies and imprison- <
en I of their agents and employees,
ie companies were, in clTect. preventi'
from ever questioning liie validity
1 those laWs, as the risk of confiscaon
of property and imprisonment
I agents iu case the conipanie- t'ail1
in their defence was loo much to
mlrrtakc in order to obtain a judilal
decision of the question of validy.
"Such laws are. therefore, held unuistitulioiial,
as thev prevented the
mnpanies from resorting to the
ourts, and therefore deprived them
f the equal protection of the law.
"The question of llie sulliciencv of
lie rales to enable the company to
blain some return to its stoekholdrs
for their investment lias fur many
ears liecii liehf lo be one for Ine
ourts to ilecide, as il would he a
iolaliou of the const it ulion of the
'uiled Slates to fix rales so low
s to be. confiscatory if enforced.
"The laws providing rates for
i :> 11-:rt a I ion of passengers and
i'!>i,:ht in the two cases under eonideralion
have been held by tin
ourts below to be so low as to be
nb.-tant ially confiscatory, and should
hcrefore not be enforced until afer
I art her trials. The courts had
itristfidion lo make sucli an order."
The Minnesota Case.
The proceedings in Young's eas*
lew out of an effort by the Minncson
court on Mhy 1 last Iorestrain Air.
oung and oilier Stale officials from
xeeuling or attempting to execnto
he rale law. Certain stockholders of
lie Northern Pacific Railway Com any
filed a suit at thai lime asking
or an injunction to prohibit the
date oflicials from carrying' the law
iito effect.
The injunction was granted on llie
round that the law was confiscatory,
and its promulgatinn was invmcliatcly
followed by the eomniencelent
of an action by Attorney fJeivarI
Young in the Ramsay County
State District court, in which that
ourt was asked to direct the issunee
of a writ of mandamus comaanding
the Northern Pacific com an.v
to comply with tlie rate law.
Mic State court immediately issued
he writ in compliance with Mr.
round's petition.
Mr. Young was summoned before J
he Federal court to give an account j
if his defiance of Iho court's injune-<
ion and he was subjected to a fine j
f $100 for contempt of court and at'
the same time ordered to dismiss the
case in the State court.
Refusing- either to pay the fine or
dismiss the case, Mr. Young brought
the case to the supreme court of tire
United Stales 011 a petition for a .writ
of habeas corpus. He based his petition
on t'he ground that United
States circuit court was without jurisdiction
in the original proceeding,
because there was no diverse citizenship,
and that the suit instituted
against him as attorney general was
in effect a suit against the .State and
I not against him.
The North Carolina Case.
The North Carolina case, that of
Sheriff llunter, of Bunconvb county,
vs. Agent Wood, of the Southern
Railway, attracted mut'li attention
during the greater part of last .summer
and was for a time the cause of
a very sharp conflict between lhe
courts tif the 1'nitcd States and those
of North Carolina. Wood was imi'iefed,
found guilty and sentenced to
serve a term of thirty days on III?
rock pile at Asheville, on the charge
of selling railroad tickets for more
than Ihe maximum rale established
by th?> si at life, lie appealed to Judge
i'ritchard. silling in the I nited Slates
circuit court for the western district
i'.f Norlh Carolina, and the latter
promptly issucw' a writ of ha'beas corpus.
ordering Wood's release by Slierill'
II ti liter.
This action of the court was the
culmination of several important
sieps in the controversy beginning
wiih the issuance of injunctions by
Judge I'ritchard against, the State
oMiciais prohibiting the carrying of
the rale law into effect. This proceeding
was followed by an address by
tjovernor (llenn to t lie superior court
m' the Stale. *11uu-1 ioning I'rih-iiard *s
aiuhorily and asking Iliem l<< sc.- ti:;it
indictjnent< were i'mind against l!;j
agents <i|' i!ie railroad company. In
accordance with this aii'dress a uumber
ul' arrests were made s?? that
Witod ' ? i-aso became a le-l !'or many j
ol!icr-\ i
S-? tni.portam did Judge I'ritchard
consider the action of the Stale aulliorites
liial lie said in his opinion, "if
the criminal prosecutions against the
agents, conductors and employees are
permitted to continue the managers of
railroads cannot successfully operate
I heir trains, carry the mails or continue
their usefulness as common carriers
doing an Inter-State business."
Considering the North Carolina
ase to have been disposed of by the
action of the court in the Minnesota
ease. Justice IVckham did not elaborate
his views in Ihe former proceedings.
lie said: "Being detained in
custody by virtue of this conviction
by one of the police courts of the
Stale, iii' had the right to apply for a
writ of habeas corpus to the United
States circuit judge and the justice
had power to issue the writ and' discharge
the prisoner under the Section
< >!> of the Revised Statutes of the
I niled Slates, as he was held in custody
for an ad done pursuant to an
order, process or decree of a court or
judge of the I'niled States.
The writ being properly issued, the
judge had the right, and it was his
duly, to examine into the facts., and
he had jurisdiction to discharge the
petitioner under the circumstances
st a 1ed.
Juctice Harlan Dissents.
Justice Harlan, in a dissenting
opinion, took strong ground in spite
of the theory that the proceedings in
the Young case was a suil against the
Stale, aim', therefore, not permissible
under Ihe constitution.
Tree Cutting in Baltimore.
Baltimore Sun.
The culling of trees in ITarlem
park has excited much feeling among
residents of the adjacent blocks and
not a lillle solicitude among other
lovers of trees who sometimes visit
the park. Trees constitute one of
the charms of such places, and to destroy
a tree which is the product of
twenty years of care is a serious mailer.
Some fifty-three trees, it is
staled, have been cut down, and
more are marked' for destruction. Tt
is explained by the officials engaged
in Ihe work thai Ihe object of cutting
is to "improve the beauty of Ihe
park" and to "give sunlight to the
grass." Without undertaking lo say
whether the proper course has been
la.ken in Ibis particular oase or not,
it is certain that what constitutes the
beauty of a park is a question of aesthetics,
as is also the question whether
grass on the ground is more worth
having than an unbroken canopy of
green overhead. Not a few persons
have a strong sentiment of attachment
to trees and feel a personal hurt
in their destruction.
A Test.
Columbia State.
When a man discovers that he can I
read his gas meter be begins to think j
that he has a pretty fair education'
after all.
Agricultural Implements
Now is the time to secure your extra help, and since manual labor is
so uncertain we are forced to employ the most effectual implements in
the successful cultivation of the soil.
"Sunny South,"
The latest production of the Great Moline Plow Co. It scatters fertilizers,
drops corn and drills coltoti seed, all steel, guaranteed a perfect
machine. Price $17.50.
The "K. P." Guano Distributor
is the best 011 the market, has taken the prize wherever shown in competition,
carries 75 to 100 lbs. fertilizer in hopper, is on perfect balance, easily
controlled, scatters fertilizer all over the row an^ covers as it
goes, also a fine substitute for a double foot to cover corn. Price $8.50.
Universal Distributor.
This machine has been very popular, can be used as side dresser while
cultivating. Price ?5.50.
Oliver Plows.
These are really the best plows of the kind made. Mr. James. Oliver
being the first to invent a steel beam plow, and lias been first in the
making of such plows ever since.
No. 10.?2-horse Turn Plow $6.50.
No. O. Z.?2-horse Middle Breaker $7.50. 1
No. A. C. 2.?1-horse Turn Plow $5.00, to close out.
A Cotton and Corn Stalk Cutter that does the work.
Price $17.50.
If you want Paint of any kind let us figure with you.
Prosperity, S. C.
gam? I I ???
; The First Cough of the Season, |
? Even though not severe, has a tendency to irritate the sensi- ^
^ tlve Jtiembrane$,of the throat and delicate bronchial tubes. _
^ Coughs then come easy all winter, every time you take the ?
slightest cold. Cure the first cough before it has a chance to
^ set up an iuflamatiou in the delicate capillary air tubes of the
9 lungs. The best remedy is QUICK RELIEF COUGH
^ SYRUP. It at once gets right at the seat of tr ublo and re- ^
moves the cause. It is free from Morphine and is as safe ior ?
ii a child as for an adult. 25 cents at ^
% MAYES' DRUG STORE. J
??1 ?BMW?1a a imii ???
FLORIDA?CUBA
During These Cold Winter Months A Trip
VIA
THE ATLANTIC COAST LINE
Would be just the thing to make life worth
living. Superb Trains, Excellent Schedules
and Tickets which offer every advantage possible
for a pleasant and attractive trip.
For full information or pamphlets call on
your nearest Ticket Agent, or write
W. J. CRAIG, T. C. WHITE,
Pass. Traf. Manager. Gen. Pass. Agent,
WILMINGTON, N. C.
1?1 ww 1111
PostGards and Easter Cards!
A large variety of subjects and
styles in beautiful soft color effect.
We get everything new that
comes out in Post Cards, and with
every 10c. worth of cards you buy
you get a guess at the Silver
Watch
Mayes' Book Store.