Historical Newspapers of South Carolina

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Avon Id issue a rule, ami later win tentatively approving tin* surest it of the supersedeas lie referred to tl fact that in the event of such aeti< J>y the eonnnisioners, the collateral b in# in the State treasury, very #ra sunl complicated questions mif? urise because then there could1 be ; invocation of the eleventh amendme to the United States constitutie which forbids a suit against a Sta "without its consent. 1). L. Kounlr H>f counsel for (lie commission stub 1o the court that the commission hi not parted with control of the colli oral, but intimated that perhaps t f.ommissiotiers ini.u'hl have placed in the vaults of the Slate house f safe keeping .just as I hey niiuht ha put it in a bank vault or safe. No a lion was a-'k.'il. however, for tl rule suu'itesled. Commission's Grounds. The 111?'t ion mi I he pari of |] eommission that .Indue I'ritchard r voke !?is orders and' dismiss I In- sui was presented by Mr. A.bm-y and I read ;i brief in support of ii. Tl motion set up thai since .Indue I'rilcl mrd had taken jnrisdict ion ami mat rcslraininir order* and nam.-d recei vrs the South Carolina supreme eon had decided in i ii 1 brought by A toriiev Genera! I.yon against the eo;i missii ner- ii> eoaipi l (hem to pay him out o!' the fund ?15,000 whi< was appropriated by the le^islatu for criminal proseculions that li .$SOO,tMIO fund was not a trust fun and the argument was tliat the I'ede al court was bound bv an interpret: lion of the laws of a Stale by tl highest eourl liiereof ami llie deei i1111 bein.: virtually that there was i .jur'o diet ion i:i the fei|el:l eeurt t! lat 1 "C .! ! accords a .1 1 I h; 1II i "| ' i !;i1 i' ei. If; ; ly V. 1 - made i A.I I'ri .1 S. i' rnai w !e' .tr -u.'d a; 0 U o i ei 1 IIIII I'l nil ;o 1! I < el'l'eil t!|; the proeedure indicated was il"l bin iim where a I? !. r:; I emir! had eo strued a law in <piesi ion prior lo eoiisl ruction by the Stale court, was ;iI<ii insisted that in the case b fore the eoni I obligations of a eo tract were involved and not purely State law ipieslion. The Technical Question. All the motions ami aruumeii arose over the (|ucstion of I he cot jnissioners paying the 1 ."i.UtMl erimiual prosecution money lo tl atloruey general at least that w ibe nominal question ami that it w purely nominal was deiiionst rati when Frank Carter staled thai cm plainanls were perfectly willing t!i :ihe atloruey general should have tli money and the eourl replied that had oeen anxious to cause iis pa nienl ami had announced iinic at auain thai if any of the whiskey s< !ers hail violated the dispensary hi "fhey oiivt'lit lo be sent to the penile tiary, but that he had been a>ked make no order. Mr. Carter then sii jested that the court treat the app nation bel'oie the South Carolina s jpreme court as a recpiest to it for ll payment of I he $15,000. Mr. Abm objected to this course, saviny that 1 i hoped t!ie eon: t would uo| uudcrtal to eons! rue the application which di | .tineily disavowed the jurisdiction i bis court into a recognition of i jurisdiction. file jadye replied' lli i lie would not ,>o construe the proceei ill.'', but w onI I ot lii> own uiolii make an ortler allowing' (lie paymei 01 l!;. .Vl-i.OOO by the receivers ai commissioners and later such an o tier was smm-d. .\l I'iie iifterueon session Mr. Abm presented an application to the eon asking that ii allow a severance ? <he appeal, that is. allow the thn - eonuuissio'X'rs who resist the court ) }visibetion, Dr. W. .1. Murray, Avei I'atton and >lni McSweeu, lo appe without beinu joined by the otlier Iw 11 seems that the commission mini as well withdraw the application f< a supersedeas. Mr. Carter said th hio eourl of eipiily would compel tl banks to pay out the money willioi .1 surrender of the collateral tin nave the comuiissiou and the govern had mdilied the banks not to p; 'without surrender of this eollaler; Mr. b'ounlree replied that the con eould put the commissioners in j; until I hey died if they failed to ke< the collateral and then slated that tl lUollMeral was not in the possessic <of the treasury, but was in the cust 'ty of the eonnnisioners. Jnd^e I'ritc vird then asked if counsel would eo sent in case of the granting of a sn ersedeas that the collateral be plae< in the registry of I he eourl, to whi< 'Mr. Rounlree replied that he was n prepared lo consent to this pi a Jud?e Pritchard then remarked th ombarrassnieitl would arise if (lie c< lateral could not be reached and lit if it was in the Stale treasury a ea would arise under the cloven amendment and presenl a sorio'v ai difficult situation. Mr. J>arna / 011 tlien .said that the defendants had "i already announced that they would lie refuse to obey the court's order. Tim3 was then given complainant's counsel e- to consider the matter more fully. Judge Pritchard's Opinion. ^ Following is Judgo Pritchard's opinion: ,n "This is a motion to vacate injunction and receivership orders on the eo ground that they are predicated upon Clj an interpretation of the act of 1JJ07 [Uj as amended by the legislature of j._ 1!JOS, in conflict with the interprctalJ0 tion (hereof hy the supreme court of South Carolina, in the case of the . Siate of South Carolina ex rel. J. vt, I'Yasor byon, as attorney general, (._ petitioner, vs. \V. J. Murray et al., |u, j decided March .14, ]!)08. "As a general rule this court will : adopt the construction which the ! ! Si.ile court puts upon a State statute. This is especially true as affecting the v j court's decision in respect to a rule j ol" property. Tiie <|uestions involved :u lhis motion were determined hv Hi L . . . . , . * I Itlns conn in au opinion rendered on l' I the "Jl'th day of February, 1 DOS, in which, among other things, it was ' held thai the act aiithori/.ing (lie anil . . i pointnieiit of the defendants as eoint - | . it.-, i i iiiissinncrs 11> settle ami adjust tie1 ' '.id ^landiiiu indebtedness incurred bv [ < I , ^ , t ne Stale dispensary created (lie fund jin their hands a trust fund for the ! bcnclit of the complainants, and (hat i c j 1 I ' I lie acceptance of the same by the ' | defendants constituted them' trustees I*. | j holding such fund for the purpose contemplated bv the statute. 1(1 , ' s_ ! "The court having considered the opinion of the supreme court of t , *>out|i Carolina, which holds that this ,. - :s -nil a-.iinst i ha* Slate and therj... !'< :? inhibited bv the eleventh amend-I . . '. , . . . I M| '1 .ei i. ..! opinion that Itiis court is ... not hound by the principles euuncia!i i "I 11: rein. inasmuch a> ii was rendcr(]_ ed subset|uent to the decision of this .. court and necessarily involes a eoni. si nut i o 11 of the constitution of the t'_ I'.iiied States." n- The jud^e here quotes from the ;i eas?> of I'.urue-s vs. Seliginan. 107 IJ. "In the present case, as already obIS - ived. when the transactions in qnestion look place, and when the decision | of the circuit court was rendered, not ' ouIv was there no settled construcI as i '''1" "I" statute in the point, un,ijj! d *r consideration, but the Missouri e;i-es referred to arose upon (he identical transactions, which the circuit . . 'court was called upon and is now eall oil i.n. io consider. It can hardly be j. e.-nieiidcil that the federal court was t > aw.iit t'or the Slate courts to tie- ] ' i cide l!ie merits of the controversy ,i and 111 i simply register their decis|NV on: or that the judgment of the cireuit court should be reversed merely . odMiise tiie State court has since <r ( adopted a different view." fi_ | dudge 1'ritchard then quoted in the case of I 'ease vs. Peek. IS How. 550, I and continued : "This court entertains the highest l" [regard for the supreme court of I ; South Carolina and the greatest rei sped for its decisions, but inasmuch as its decision in this case was render[ ed after the rights of (lie coniplainj auis had accrued under the act, and , | subsequent to a determination bv this u- . ceii?t ot tiie i|iies|ions involved in a - ii! broil-:lit by the complainants, the , I emu I does not feel .just itied in adopi, ! iug the opinion of that court as eonj trolling in this (particular ( ase. "If the court had any doubt as lo jibe correctness of its ruling it wool.I '1 gladly yield to the decision of the ' State court, but having no such doubi, j the motion of defendants is overrul'sj ed. N 1 At the time the court announced its a'j opinion in this case, among other tilings, the court stated that if appliI cation should be made for the payII ; nie.it of the $15,000 appropriated' by "^ j the legislature of the State of South 11 ! Carolina for the proseculion of par" j lies charged with the violation of tlr* laws in connection with the managel" menl of the State dispensary, i( would gladly authorize tiie same, j Inasmuch as it appears there will 1 be funds amply sullicienl to pay all l1' debts and liabilities of the commissi1 sion after the paymenl of this amount, 1,0 and in order that the State may not >n be embarrassed in its prosecution of i those who mav have violated its laws. | I # ' u" j the court will, of its own motion, sign n" an order authorizing the payment of I'" j tiie said amount to the attorney genp(l I era!. ! ? ol I ANSEL ON TUB DECISION. m. I ^ ; Will Be Guided hy Developments'? Will Convene lie gislnturc if ;l' Dvastie Measures are Employed. l!i j ... ! iovi nicr Ansel, in speaking of the decision of Judge l'ritchard, made at Aslicville Friday, said on Saturday: "In reference to tin; decision of his Honor, Judge Pritehard, made yesterday in the dispensary case, declining to conform his former orders to tlio J decision of our supremo court, I must say that the same was a uisa.ppointment to me, as our supreme court has so ably and clearly passed on all the questions involved. "I shall not attempt to discuss th? case here and now. "The course that T shall pursue in the matter depends upon future developments. Tf the case can he, and is allowed to be carried to the supreme court of the United Stales fairly, peaceably and orderly without drastic, proceedings being resorted to anainst the commission and the depositories, and that seems to me to lie the most dignified and feasible method of procedure, (lien T shall he satisfied that the interests of the people will lie maintained. Tf, however. I there are to lie now complications or drastic measures adopted, it may become necessary at an early day, to reconvene the legislature to enact! such legislation as our State supreme i court has held to be competent." HANGED AT GEORGETOWN. Negro Who Killed Constable Who 1 Was Seeking to Arrest Him Legally Executed. Georgetown. March '27.?At II..'50 o'clock this morning .Tack Blake expiated on the gallows the murder of .Jim Green in this county two year-; at*o. Blake shot Green with a musket as the latter, acting as a constable. was at tempt i ii.tr to arr.-si him. j Green w;is killed in>!ant!y. i !ie loud; blowiii'r the top of his head off. Blake j fled, hut believing that he acted in' sel I -i I ? } ence, returned lo his family I some time last year, intending to stand trial ami clear himself if arresled. Sheriff Scurry quickly had 11im in custody, and lie was tried ami convicted at the last term of court. Blake has always been of a lawless disposition, which fact was much against him, whereas Green had borne an excellent reputation as a peaceable ami law-abidiiiQf negro. Within the past week strong; efforts have been made by a number of citizens, who. on principle, do not believe in capital punishment, ti induce the governor to commute Blake's sentence to life* imprisonment. A counter petition was sent lo Governor Ansel Wednesday, signed by !!()() prominent men. praying that t lie law lie allowed to take its course. This w;iv done merely lo offset the impression l.ial the previous petition might make as i,i ihe sentiment of the people. The great majority of whites and blacks alike desired that the extreme penally be exacted. NEW RATES APRIL 1. Rate Sheets Printed and Mileage Books Ready for Sale. I he reduced rales for passenger travel will be put on by the principal roads of the Southern Slates on the 1st ot April. The rate sheets have been printed and senl out lo all the agents ot the roads and the mileage books are now ready for sale on the terms so frequently published within the last few months. The basis passenger rate is two and one-half cents lor straight fares and two cents for mi I cage books. rhe mileage hooks are interchangeable between various roads, but the mileage must be presented1 to the ticket agents before boarding trains and exchanged for tickets, no baggage being checked on mileage. The traveling men in this State have protested WANT Every onewh Fine Box Pa Talcum Powd< to call and s< Herald and I before purcha We also hav< Candies, Post Cards and Dj see us before 1 HERALD & NE I t!mt this exchange arrangement will work hardship on them anil cause them to lose time, and the matter lias been formally put before the railroad i I has set a hearing in the matter. The commission of South Carolina, which commission is without auothority to act in this matter, but it may be that ? the travelling men by diplomatic j means can persuade the roads to alter their forms of mileage books. This ear.not be dune, however, for some time and not without much expense to ' the railroads, as the books have al- v ready been printed and distributed to the ru'iroan age!'!* for sale on the 1st of April. These books, containing exchange mileage, will have to be used for a time al least, and it is j unite possible that the railroads will not consent at all to change their plan of selling mileage. In fact, if; thev desire to do so the roads can put , ^ Iiv mileage bocks at two and onehalf ccnis. on the same basis as j straight tickets. ?i While the railroads are reducing rates they are also endeavoring to rec 111 ?*<' oxpenses, anil one _ r -he ways in which they have tried to ?|n this is, l>v taking oil' llie porters on the pas-j'j sender trains and requiring the flag- j i men to d<? some of the work formerlv 1 done !>y the porters. However, there are frequent complaints about this mailer filed with the railroad eom.Mission, an I today :\nc'l:er complaint iiis been received i.'jainst the Soutlie: . >?> 'his .leei.-inl. | Mileage Books. .">00 M'ilo State Family Tickets $11.2o.?flood ovi'r the Atlantic Coast Line in each Slate for the head or depMidi'nl meimbers of a family. Limit-j ell lo one year I'ron, 'at,- of sale. 1000 MiK> IMi'TchaMueable ludivi-j dual Picket 11*ii! over the j Atlantic Coast Line and "> > other lines j in the Sonihiast aggregating iiO.OOd ; i miles. Limited to one year from date j i ' j I 'J000 Mill. Firm Ticket $ 1D.HI>.? I (11ioi 1 over the AtlatiTie Coast Line ' and JIO other lines in the Southeast I aggregating 110,000 miles; for a manager or head of lirni and employes limited to five, but good for only one of such persons at a time. Limited to one year from date of sale. 1000 Mile Southern Interchangeable Individual Ticket $20.00.?flood over the Atlantic Coast Line and 7;> oilier lines in the Southeast aggregating -II,000 miles. Limited to one year from dale of Vale. All mileage tickets sold on and after April 1st, 1!JOS. will not be honorj ed for passage on trains, nor in ! checking baggage (except from nonagency stations and .stations not open for the sal eof tickets) but must j be presented at ticket offices and there exchanged for continuous tickets. I, 1f> cents saved in passage fare by purchasing local ticket from our agents. Atlantic Coast Line. T. C. White, fSencral Passenger Agent. W. J. Craig, 1'ascnger Traffic Manager, Wilmington, N. C. TF "This, then, must be our notion of the just man?that even when he is in poverty or sickness or any other seeming misfortune, aU* things in the end work together for good to him in life and death; for the gods have a care of any one whose desire is t.> become just and to be like flod, as far as man can attain his likeness, by the pursuit of virtue."?Plalo. Fleeting is all earthly bliss, That I vow. If you have a girl to kiss, Do it now! rt-u ?? iji?ir ! 'in ii o is in need of per, Extracts, 3r, Soaps, etc., se our line in Mews building sing. g a nice line of Cards, Easter fes. Come to Duying. 11 .1 "IH* ;WS BUILDING. ! , : l ftgricuMlmptonts 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 lie successful cultivation of the soil. "Sunny South," Hie latest production of the Great Moline Plow Co. It scatters fertilisers, drops corn and drills cotton seed, all steel, guaranteed a perfect nachine. Price $17.50. The "K. P." Guano Distributor s the best 011 the matket, has taken the prize wherever shown in competition, carries 7.5 to too lbs. feitilizer in hopper, is 011 perfect balance, rasily controlled, scatters fertilizer all over tho row an;1 covers as it ?oes, also a line 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 ultivatmg. Price ?5.50. Oliver Plows. fhese are really the best plows of the kind made. Mr. James Oliver j >eing the fir.-t to invent a steel beam plow, and has been first in the naking of such plows ever since. No. 10.?2-horse Turn Plow $6.50. 1 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 $17.50. If you want Paint of any kind let us figure with you. ^ Prosperity, S. C. t The First Gough of the Season, | 0 Even though not severe, has a tendency to irritate the sensi- ^ ^ t]ve /tieinbranes of the throat and delicate bronchial tubes. ^ Coughs then come easy all winter, every time you take the ? ? slightest cold. Cure the first cough before it has a chance to set up an iuflamation in the delicate capillary air tubes of the ? lungs. The best remedy is QUICK RELIEF COUGH T ^ SYRUP. It at once gets right at the seat of tr uble and re- ^ : moves the cause. It is frte from Morphine and is as safe ior O ? a child as for an adult. 25 cents at ^ % MAYES' DRUG STORE. <$> <$< <%? <$> ' &> ' 11 HI??-?? | Mini- |'TT 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. Pictures 1 have a very large assortment of pictures that 1 am offering very cheap it will pay you to call and see them. Mmipc' Pnftlf niUyBd isM Oils sli i