Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

CONSTRUCTIVELY HE'S IN ARREST a i II IN FACT ENTIRE COMMISSION tli IS IN SAME BOAT. Si Sf Dispensary Commission is Between s Upper and Nether Mill Stones? 11 Habeas Corpus Proceedings. ], ti The State. | ] "Constructively I am under ar- || rest,'' saiil Mr. Avery I'alton last ]. night, when asked what is the effect of I he action of the Stale supreme o court yesterday. "One court orders us to do one tiling. Tf we disobey we Pl will be in contempt and subject to ? arrest. Another court orders us to do f ?> directly opposite thing. And we w dare not disobey that court." v So there is the situation in a mil- f sholl with reference to the members ;i of the Stale di spensary winding-up n commission. The members are be- | tween the upper and nether mill- o stone and Mr. \V. F. Stevenson, at- v tornev of the commission, took the f train last night tor Washington in s order to get a motion before that i tribunal wilh reference to habeas cor- | pus proceedings. When a man's lib- | ortv is in danger, the proceedings can i be hurried up. For that reason the j habeas corpus proceedings will be i pushed in order to gel. the United States supreme court, to decide de- f finitely and quickly which court has jurisdiction, the Slate supreme, courl I or .Judge ,1. C. IVilehard of the fed- I oral court. <, I nder I lie proceedings begun some 1 time ago under appeal from Judge 1 'ritehard's deeisiou, the Stale of < South Carolina has no assurance that the United Slates supreme courl will I take cognizance of I lie main issue, but ' the main issue is pul squarely in I he present proceedings. The Court's Order. The Stale supremo courl at ils special silling yesterday passed the following order: The Stale of Soiilli Carolina?Kx rel. A. W. Kay. Trnslee, I'etilioncr, vs. W. I. Murray and others. It appearing thai (lie questions raised in lhis proceeding have been adjudicated by I he case of I he Stale ex rel. ,1. I'. I.yon vs. W. .1, Murray atul others, and that the return of the respondents is insullicieul for the reason sel forth in I he opinion in I lie said case, now on motion of I). C. Kay, attorney for petitioner, II is ordered 111 a I a peremptory wri| of mandamus do issue requiring the respondents to pay the money due the petitioner, as sel forth in the petition. The reasons for said judgment are slated in Hie opinion in the case of Lyon vs. Murray above referred to, which opinion is to be made a pari of this decree, and I he court reserves the right lo file a further opinion iu case it deems il necessary. V. ,|. I'ope, ('liief ,lusl ice. Ira 15. .tones, A. .!. C. A. Wood, A. .1. "Before the above order was filed, however, (lie following was pu( on record : ''The consent of the Slate having been given to the use of ils name in the ease of A. \V. Kav, trustee, petitioner, against W. ,). Murray el al.. on uiol ion n| I). ('. Way, attorney for petitioner, il is ordered that the petitioner for mandamus and oilier pleadings in I be cause be amended by inserting in llie captious I hereof the words ' Te Slale Ivx Wei." so I hat said pleadings as amendej, shall read in the name of |he Slale ex rel. A. \\\ Way, trustec, againsi W. ,1. Murray, John McSween and Avery I'allon, as Slate dispensary commission, respondents. The Issue Yesterday. Mr. A. W. Way of I his cilv appearin this new proceeding as petitioner, being (lie purchaser and bidder of :i claim agains I ihc Stale di<pensarv which I lie legislature ordered paid bill has not been paid, lie asks foi a mandamus requiring the conunis sion |o pay said claim out of I Ik funds in llieir hands belonging lo tin Stale. In answer the commission se up thai ihey are restrained I?\ tlx federal courts from paying out am money except on order of thai court and that il is alleged thai llie mono; in llieir hands is nol llie properly o the Stale. Iml that il is a trust fum for the benefit of creditors. The petition sets forth that Messr> AV. ,1. Murray, John McSween am Avery I'alton compose (he Stale dispensary commission, and "the ol ficers and agents of the State o South Carolina" appointed by III governor lo provide for tin* disposi lion ol all property connected wil the Stale dispensary and lo wind u ils at lairs; that said respondent have given bond for faithful perfoi inance of duly and are now holdin the said office of Slale dispensar commission; that under tho tonus c io act t lie? commission lias collected ;sets of I lie State dispensary nounting to several hundred thousid dollars in money, and they have ie same on deposit and subject to icir check in various banks of the tale, "all of which property and as'fs arising from the business of the late dispensary is (he property of 10 State of South Carolina:" that v the act of 21th of February, 1008. ie respondents were required to pay 10 judgment heretofore rendered in ie court of common pleas for Richtnd county against I". Ti. ITammett nd W. O. Tatum on account of liqurs improperly seized by them and sed by I lie State, together with the nsls, from money belonging to the late and arising from the assets of lie dispensary: that said judgment as rendered in favor of the Louisille Distilling company at the spring erm in 1007 for (he sum of $354.35 nd costs: Hint thereafter said judgment was duly assigned for value to he petitioner, who is now the legal iwnor thereof, and tlie whole sum, nth interest and costs, is now due; hat petitioner has made demand for <*iid sum and respondents have failed md refused to pay same; that alhough Hie act required to be done bv he respondents is purely a minhjornl duty, they have nevertheless nil- < uslly refused to perform the same as equired by law. ^ "Wherefore, your petitioner prays ^ hat an order dn issue authorizing ' md requiring the respondents to pav lie s:iid judgment in accordance with ' (lie terms of the act requiring tin* 1 <ame. approved the 2'llh d:iv of Teh- 1 uar?*. 1008." etc. ' The |?elil i<m is signed by Archibald W. Way. trustee, and by l>. C. Ha v. ' 111orney for petitioner. Mr. I). C. 1 I>a\ was formerly attorney general, immediately preceding Mr. I.yon. and Mr. A. . [Jay is his brother, both ' heing attorneys at the Columbia bar. The court after hearing the argument yesterday ordered the dispensary commission lo pay I he claim. On 'lie other hand. Judge l'rifehard has ordered the commission to turn the money over to I he receivers. It. f. Arthur. J. A. McCulloiigii and <K. 1 lenderson. Which court will he obeyed? Which court will the nnited Slal.es supreme court declare to he the proper court for handling this mailer? "LOCKERCLUBS" ARE UPHELD BY COURT Elks' Lodge of Macon Wins its Case Against City?A Municipality Cannot Prohibit What State Legalizes. Atlanta Journal. Municipal ordinances that conflict with the State law which licenses "locker clubs" are illegal, according lo a decision rendered Monday morning by the Slate court of appeals. and written by Judge K. R IJussell. The decision was handed down in the case of the ihu^'volent and Protective Order of Klks against (lie State, attacking an ordinance of the city of Macon, prohibiting "locker clubs.'' Alter the legislature passed an act, lixing a license tax of $.">00 against locker clubs," ihe city council of , Macon passed an ordinance making it i uul.iwl u! lor any (dub, corporation or i association of persons j-? keep, or ! permit to be kept, in any place, diiec11\ or indirectly, any alcoholic, spirituous, mall or intoxicating liquors or hitlers, or other drinks, which i il drunk to excess would produce in, toxical ion. It provided also that each day's violation should constitute j :i separate offense. C. 1*. \\ right, secretary of Macoti lodge N'o. '2:5(1. 15. |?. (). l-ilks, was arraigned in Hie recorder's com I ol Macon. lie was convicted, and cer i Iioraried the ease. The superior cour! i ; dismissed the ccr''orari. and I he ca-i came |o | lie court of appeals. T!ie court holds, in substance, lha) municipalities cannot make lllega that which lh.e State lias legalized. DR. McINTOSII HONORED. ' Elected President of Surgeons of tin i' Atlantic Coast Line. 1 I >r. .las. II. Mcintosh of this oil; I has been elected president of th" A> I sociation of Surgeons of the Allan tic Coast Line Wailwav at their meet ing in Jacksonville which closed Sat d urady. The Jacksonville Times-Hii i- ion has llie following of interest: "When the annual session, whie f began in Jacksonville Tuesday, ha e been concluded, I lie members, wit i- ladies, were tendered a trip up th h St. Johns river on I he Clvdo stcamr p ''il v of Jacksonville, from lliis cil s !<? Sanford. and all went aboard tlm iflcrnoon with Hie full knowledc g thai il would be a vcrv pleasant Iri] y They had not. however, expected I ?f find things as comfortable and coi r==q^= No Plow di prices an IWhen you Sumti 'enient, and the elegant dinner provided by the company was one of the rreat features of I be trip. "For I bo occasion a special menu ard was prepared by fid. F. M. Iron- I Hunger, Florida passenger a gen I of lie Clyde line, and the different lishes served were variously mixed (ut) tin- menu only) wilb the leclini al terms that are intelligible only to | the medical profession. These cards ^ iverc taken as souvenirs by all of the . . L,_ 11 e -1 <. while tiii' good tiling- providI'd were greatly enjoyed. 4flial the visitors might <jv( a glimpse* of I'alatka. the boat stop- 4ped at that point long enough for Ih em to see the beauty of the place. I in Then it was off again for Sanford. "Alter leaving I'alatka the asso- j gj ciation was ealled together again ami I a great anioiint of routine business I jC was transacted. The session was not a long one. but most important, for it g carried the election of otlicers and the choosing of a place for the meet- ^ ing next year. "The result the lite (dec!ion was 5jj as follows: "President?J. II. McTntosh of Columbia, S. f.; vice president. Dr. ?7. II. 1 'if(man (reelected) of Jacksonville; secretary and treasurer, Dr. A. C. Ilovt of Wayeross, (la. "Dr. J. I'j. lioyd of Jacksonville was elected a member yf the executive committee from 'Florida. "The association decided to hold the next annual meeting in Wilming- "~ ton, N. f."?The State. Tribute of Respect. Inasiimch as it has pleased our ' heavetdy leather to remove from us ( by death our dear friend. Mrs. Mol- , lie (Sallman, a faithful member of . fohmy church, therefore, be it resolved, ' I. That while greatly deploring her I death we will endeavor to profit by , the bright Christian example left u* | in the sweet life led by our dear friend and we shall ever cherish in memory the beautiful qualities that | 1 were tin* iiio-i prominent characteristics of her daily life -patience and warm sympathy for others. 'J. That in her death her children have lost a true ami devoted mother and we a kind friend and faithful coworker. ? ' J. That we, as (rod's children extend to the bereaved family our i heartfelt sympathy and commend: them to Clod who will mercifully and] lovingly sustain them. I. That she was a good neighbor ' and indulgent and affectionate moth-l er and one greatly loved hv all who knew her*, we siial ever miss her in ! our community; she always had a I sinih' ami a kind word for cvervone; many happy hours have we spent with her. I Sis|o| r | h<hi art gone to r< <t. 0 W . . *i'! \ ; ! 'i ! ; > F-u' .i- i .-i now v" . ,|'j -.i; , ;i? {]t I by spirit longed to be. i v Sister thou are gone to rest. Thy toils and cares are o'er, - And sorrow, pain and suffering now Shall ne'er distress thee more. iSister thou art gone to rest, fi Thine is an earthlv tomb, d Hut Jesus summons thee away, h They Savior called thee home, c Mrs. J. K. Fpps. r Mrs. M. M. Long, y Miss Rosa Long, it ? :e KILLS FLEAS, and cures the worst! ?. case of mange, Dicaises Mange! o fnre. Not poisonous. For sale by i- Dr. Van Smith, Solo Agent. ?WK?WBWH?M tMBMMMHWWMWMWWMWWWHHiMWBIIBiW llf I I ^ II o? ho oil oes better work and our ? e below competition. V buy get a SYRACUSE. (1 ier Brothers Go. Post Cards! : All the aliens and prodigal sons <? annot return for the old homeli /eek celebrations, but thanks to I he man who invented the Pic= , ure Post Card, they may be refunded of the old home scenes t an expenditure of a few cents. Jemember, 1 have the largest as- ' ortment of Post Cards in town, iomic Post Cards free of charge Saturday, the 31 st of October. Mayes' Book Store. ? ? ~ i ; The First Cough of the Season, ^ Even Miough not severe, has a tendency to Irritate the sens!^ live membranes of the throat and delicate bronchial tubes. _ Coughs then come easy all winter, every time you lake \he ? lightest cold. Cure the first cough before it has a chance to ^ ^ act up sui Inflamation In the delicate capillary air tubes of the H lungs. The best remedy is QUICK RKLIKF COUGH ^ I ^ SYRUP. It at once gets right at the seat of trouble an<l re- ^ moves the cause. It is free from Morphine and is as ?afe tor ? IP a child as for An adult. 25 cents at | MAYES' DRUG STORE. J j I??I ?? ? W ?MUMB???? BUY Pittsburgli Perfect FARM FENCING! No better Farm Fence made for the price, no fence made stronger, neater, more durable or economical than the Pittsburgh. We can fill your order today. :::::: SUMMER BROS. CO. TOWN MEETING. I A meeting of the Democratic party the Town of Newberry, S. C., is fl reby called to be held in the Conn- 9 [ Chamber on Tuesday, Nov. 3, 08, at 8 o'clock p. m., for the pur- M se of providing for the nomination I officers for the ensuing year and r such other business as may pro- I rly he brought before it. H By order of the executive commit- H 0. B. Mayer, IT. Hunt, Chairman. w Secretary. B Irs. Alice Robertson, I TEACHER OF 1 oice, Piano and Harmony. Studio Over Mower's Store. Open Mondays, Tuesdays, Tliursays and Fridays. Phone 263. ? --I i VIOLIN MUSIC: liss Carrie Pool will give instruction on the Violin, beginning September the 14th. uldress: 1727 Harrington Street. Phone: No. 78. as M o r~< I ' CD 2 ? M k. ~ s3 % Zg ><<< o j? ? {? Z4 >_*. ? ?3 pv |--j o <?> C/5 K?< o ^ V? (7) ^ c< ^ ts 3 P P B ? *"r""' - 1 lA/. G. Houseal, /YY. O. Oir.ce Hours - / 9 ,to 10 ? m- I (. 3 to 4 p. ill. L. A. Riser, /Wo D. Of floe u/ltli Dr. Houseal, (8 to 9 a. in. 2 to 3 p. tu. 6.30 to 7.30 p. 111. Boozer Bros., CITY MARKET, 1311 Main Street. Fresh Meat. Quick Service. Phone 34, FANCY GROCERIES, The best the markets afford. We Ask a Trial Order. BOOZER BROS. REGISTRATION NOTICE. Notice is hereby given that the hooks of registration for the town of Newberry, S. 0., will be open 011 Tuesday. September 8U1, 1008, and the undersigned as Supervisor of Registration for the said town, will keep said books open every day from nine A. M. until five P. M. (Sunday excepted) including the (irst day of December, 1008. Eugene S. Werts, Supervisor of Registration. td. If I J It Is The 11 Duty Of Ij ! School Teachers ! To look to tlie care of their fl pupils' eyes Many children | seem dull, do not like to study, i I and are called numbskulls. ' TIII5YAUK UNPORTUNATB [j 111 most eases for having some ?9 eye defect. Most of them |] show no other sign of eye [ f trouble, and grow to M II MANIIOOI) and ] WOMANHOOD, [ dull and stupid, never know- if I ing that their eyes alone made l\ them averse to study and ac- H i tivity. M j DR. G. W. CON'NOR, a Newberry, S. C. j Office Over Copeland Jlros. Store. 1