Historical Newspapers of South Carolina

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C0NSTRUCTIYELY HE'S IN ARREST t IN FACT ENTIRE COMMISSION t IS IN SAME BOAT. q Dispensary Commission is Between 4 Upper and Nether Mill Stones- t Habeas Corpus Proceedings. b t The State. t "Constructively I am under ar- t rest," sa:.d Mr. Avery Patton last I night, when asked what is the effect a of the action of the State supreme o court yesterday. "One court orders u us to do one thing. If we disobey we C, will be in contempt and subject to S arrest. Another court orders us to do t] a directly opposite thing. And we a dare not disobey that court." So there is the situation in a nut- t shell with reference to the members a of the State dispensary winding-up n commission. The members are be- t1 tween the upper and nether mill- o stone and Mr. W. F. Stevenson, at- m torney of the commission, took the t] train last night for Washington in s order to get a motion before that a tribunal with reference to habeas cor- t] pus proceedings. When a man's lib- t1 erty is in danger, the proceedings can ii be hurried up. For that reason the ji habeas corpus proceedings will be ri pushed in order to get the United States supreme court to decide de- t] finitely and quickly which court has a jurisdiction, the State supreme court t] or Judge J. C. Pritchard of the fed- t] eral court. s" Under the proceedings begun some r1 time ago under appeal from Judge Pritchard's decision, the State of y South Carolina has no assurance that a the United States z-preme court will R take cognizance of the main issue, but ir the main issue is put squarely in the Ik present proceedings. bi The Court's Order. The State supreme court at its spe- m cial sitting yesterday passed the fol- a lowing order: i The State of South Carolina-Ex rel. 0] A. W. Ray, Trustee, Petitioner, vs. M W. J. M!urray and others. A It appearing that the questions B raised in this proceeding have been adjudicated by the case of the State ex rel. J. F. Lyon s. W. J. Ma . y s~ and others, and that the return of p the respondents is insufficient for the reason set forth in the opinion~ in the " said ease, now on motion of D. C. Ray, attorney for petitioner, It is ordered that a' peremptory E writ of mandamus do issue requiring the respondents to pay the money due the petitioner, as set forth in the pe tition. The reasons for said judg ment are stated in the opinion in the A ease of Lyon vs. Murray above refer red to, which opinion is to be made a part of this decree, and the court re serves the right to file a further opin- " ion in case'it deems it necessary. Y. J. Pope, P Chief Justice. E Ira B. Jones, A. J. d C. A. Wood, A. J. a Before the above order was filed, ti however, the following was put on re-t "The consent of the State having been given to the use of its name in f: the case of A. W. Ray, trustee, peti- " tioner, against W. J. Murray et al., 12 on motion of D. C. Ray, attorney for u petitioner, it is ordered that the pe- a titioner for mandamus and other p pleadings in the cause be amended by r inserting in the captions thereof the s] words 'Te State Ex. Rel.'' so that og said pleadings as amended shall read if in the name of the State ex rel. A. W. t< Ray, trustee, against W. J. Murray, e John MeSween and Avery Patton, as a State dispensary commission, res pondents.'' c The Issue Yesterday. r; Mr. A. W. Ray of this city appears 1. in this new proceeding as petitioner, ti being the purchaser and holder of a d: elaim against the State dispensary eI which the legislature ordered paid. but has not been paid. He asks for I a mandamus requiring the commis- ti sion to pay said claim out of the funds in their hands belonging to the State. In answer the commission set up that they are restrained by the E federal courts from paymng out any money except on order of that court, and that it is alleged that the money in their hands is not the property of h; the State. but that it is a trust fund s< for the benefit of creditors. ti The petition sets forth that Messrs. ix W. J. Murray, John McSween and a Avery Patton compose the State dis- it pensary commission, and "the of ficers and agents of the State of b South Carolina'' appointed by the b governor to provide for the disposi- 1 tion of all property connected with S the State dispensary and to wind up its affairs; that said respondents ti have given bond for faithful perfor- T mance of duty and are now holding t the said office of State dispensary Tr commissin; that nder the terms of fi Irv us Lve to :he as :he of iat Ds. av in At nd ;he 1.e No ofNo Plow mnt prices a '35 t; When yot ;al M, eOr sum ed al by mr In as venient, and the elegant dinner pro vided by the company was one of the great features of the trip. "For the occasion a special menu ay card was prepared by Col. F. M. Iron he monger, Florida passenger agent of b- the Clyde line, and the different dishes served were variously mixed Id (on the menu only) with the techni cal terms that are intelligible only to the medical profession. These cards al, were taken as souvenirs by all of the iguests, while the good things provid th ed were greatly enjoyed. "That the visitors might get a glimpse of Palatka. the boat stop ped at that point long enough for n- them to see the beauty of the place. )n Then it was off again for Sanford. as "After leaving Palatka the asso he the F. ciation was called together again and K a great amount of routine business was transacted. The session was not a long one. but most important, for it ecarried the election of officers and the choosing of a place for the meet ing next year. " The result the the election was as follows: "President-J. H. McIntosh of Co lumbia, S. C.; vice president. Dr. J. sH. Pittman (reelected) f Jackson sville; secretary and treasurer, Dr. A. C. Hoyt of Waycross, Ga. "Dr. J. E. Boyd of Jacksonville was elected a member pf the execu tive committee from Florida. et"The association decided to hold the next annual meeting in Wilming dton, N. C.' '-The State. pTribute of Respect. B. Inasmuch as it has pleased our ed heavenly Father to remove from us nt by death our dear friend. Mrs. Mo] Lt lie Gallman, a faithful member of of Colony church, therefore, be it resol k ved, 1. That while greatly deploring her et, death we will endeavor to profit by ist the bright Christian example left us of in the sweet life led by our dear it friend and we shall ever cherish in or memory the beautiful qualities that 'or were the mos; prominent characteris ii- tics of her daily life--patience and i, warm sympathy for others. Lu- 2. That in her death her children h have lost a true and devoted mother n- and we a kind friend and faithful co tat worker. ite 3. That we, as God's children ex tend to the bereaved family our on heartfelt sympathy and commend ir- them to God who will mercifully and of lovingly sustain them.I ar- 4. That she was a good neighbor trt and indulgent and affectionate moth ,e er and one greatly loved by all who knew her; we shal ever miss her in it our community: she always had a tal smile and a kind word for everyone; many happy hours have we spent with her. Sistetr thou art gone to rest, Thy spirit longed to be. SSister thou are gone to rest. .n- Thy toils and cares are o 'er, st- And sorrow, pain and suffering now it- Shall ne 'er distress thee more. Sister thou art gone to rest, cih Thine is an earthly tomb, ad But Jesus summons thee away, th They Savior called thee home. he Mrs. J. K. Epps. er Mrs. M. M. Lonz. tv Miss Rosa Long. at --- e KILLS FLEAS. and c-ures the worst; ip. ease of mange. Bienises Mange to I are.~ Not poisonous. For sale by _ Van Smi, i Agent. does better work .re below com i buy get a SYR nier Brothers Post C All the aliens ar cannot return for week celebration! the man who inv ture Post Card, ti minded of the ol( at an expenditurE Remember, I hav sortment of Post Comic Post Card~ Saturday, the 31 Mes' Bo : The First Cough * e me** ra** f h ra t : * etup an hiimton in te delic * a chid asifor anadult. 25 cents : MAYES' DRI *BU Pilisburgi FARM FE No better Farr for the price, r stronger, neater, or economical ti burgh. We can today. : 11 t and our petition,. ACUSE. Co. ards! d prodigal sons i the old home 3, but thanks to rented the Pic= iey may be re i home scenesl i of a few cents. E the largest as Cards in town. - free of charge it of October. ol( Store. of the Season, gh beore itha a chace t St d JO STORE. 1 I ti NCING! n Fence made lo fence made more durable han the Pitts fill your order TOWN MEETING. A mung of the Dmoer(tic party f the Tiwn of -Newberrv. S. C.. is erebv called to be held in the Coun ii Chamber on Tuesday, Nov. 3, 908, at 8 o'clock p. m.. for the pur ose of providiig for the nomination f ofleers for the e nmr year and or such other busines a- may pro erly be brouight be 1r4i. By order of the executive commit e. 0. B. Mayer, H. Hunt. Chairman. Secretary. Irs. Alice Robertson, TEACHER OF oice, Piano and Harmony. Studio Over Mower's Store. Open Mondays, Tuesdays, Thurs ays and Fridays. Phone 263. VIOLIN MUSIC: liss Carrie Pool will give instruc tion on the Violin, beginning September the 14th. Lddress: 1727 Harrington Street. Phone: No. 78. CD P 0 W Al. G. Houseal, M. D. Ofice Hours D 9 to 10a.m. OffeCe with Dr. Houseal. 8 to 9 a. m. Office Hours - 2 to 3 p. m. 6.30 to 7.30 p. m. loozer Bros.,. OITY MARKET; 311 Main Street. Iresh M eat. Quick Service. Phone 34. FANCY GROCERIES, Ehe best the markets afford. We Ask a Trial Order. IOOZER BROS. REGISTRATION NOTICE. Notice is hereby given that the ooks of registration for the town of ewberry, S. C., will be open on Tues-. ay, September 8th, 1908, and the un ersigned as Supervisor of Registra on for the said town, will keep said ooks open every day from nine A. [. until five P. M. (Sunday excepted) ielu ding the first day of December, )08. Eugene S. Werts, Supervisor of Registration. I. It Is The Duty Of School Teachers To look to the care of their pupils' eyes Many children seem dull, do not like to study, and are called numbskulls. THEY ARE UNFORTUNATE In most cases for having some eye defect. Most of them show no other sign of eye trouble, and grow to MANHOOD and WOMANHOOD, dull and stupid, never know ing that their eyes alone made them averse to study and ac tivity. DR. G. W. C016N0R, Newberry, S. C. Office Over Copeland Bros. Store. he a(.t :he0 co!mlis;ion has eollee 0sets of the State dispens mounting to several hundred tho nd dollars in money, and they h, he same on deposit and subject beir check in various banks of 1 tate, "all of which property and ets arising from the business of i tate dispensary is the property he State of South Carolina:" t] y the act of 24th of February. 19 be respondents were required to r he judgment heretofore rendered be court of common pleas for Ri< ind county against U. B. Hamm nd W. 0. Tatum on account of li< rs .improperly seized by them a sed by the State, together with i osts, from money belonging to I tate and arising from the assets he dispensary; that said judgm( ,as rendered in favor of the Lou ille Distilling company at the spri ?rm in 1907 for the sum of $354 nd costs; that thereafter said ju(' ient was duly assigned for value he petitioner, who is now the lel wner thereof, and the whole su ,ith interest and costs. is now di at petitioner has made demand J iid sum and respondents have fail nd refused to pay same; that iough the act required to be done be respondents is purely a minil t1 duty, they have nevertheless i istly refused to perform the same :quired by law. "'Wherefore, your petitioner pra iat an order do issue authorizi nd requiring the respondents to p ie said judgment in accordance wi be terms of the act requiring I ime, approved the 24th day of F( lary, 1908." etc. The petition is signed by Archib T. Ray, trustee, and by 'D. C. Rf ftorney for petitioner. Mr. D. ay was formerly attorney gener amediately preceding Mr. Lyon, a [r. A. W. Ray is his brother, bc aing attorneys at the Columbia b, The court after hearing the are ent yesterday ordered the dispE ry commission to pay the claim. ( te other hand, Judge Pritchard h dered the commission to turn t oney over to the receivers, B. rthur, J. A. McCullough and C. enderson. Which court will be obeyed? Which court will the United Stat ipreme court declare to be the pi ar court for handling this matter? LOCHEROLUBS" ARE UPHELD BY COUI Iks' Lodge of Macon Wins its Ca Against City-A Municipality Cannot Prohibit What State Legalizes. tlanta Journal. Municipal ordinances that confli ith the State law whieh licens locker clubs'' are illegal, acco2 g to a decision rendered Mond; orning by the State court of a als, and written by Judge R. ussell. The decision was hand >wn in the case of the Berevole ad Protective Order of Elks agair ie 'State, attacking an ordinance ie city of Macon, prohibiting ''lc ckelbs.'' After the legislature spassed an a .xing a license tax of $500 agair locker clubs,'' the city council [acon passed an ordinance making ilawful for any club, corporation asociation of persons to keep. ermit to be kept, in any place, stly or indirectly, any alcohol >irituous, malt or intoxicating lic e' or bitters, or other drinks, whi drunk to excess would produce >xcation. It provided also ti th day's violation should constiti separate offense. C. R. Wright, secretary of Mac idge No. 230, B. P. 0. Elks, was rigned in the recorder's comnt [ao1 He was convicted, and ec oraried the case. The superior cot ismissed the certiorari, and the er imeto the court of appeals. The court holds, in substance, th LUnicialities cannot make illes iat which th.e State has legalized. DR. McINTOSH HONORED. lected President of Surgeons of t Atlantic Coast Line. Dr. Jas. H. McIntosh of this ci as been elected president of the J >iationl of 'Surgeons of the Atle e Coast Line Railway at their mei ig in Jacksonville which closed 5: rady. The Jacksonville Times-L mn has the following of interest: ''When the annual session, whi egan in Jacksonville Tuesday, h een concluded, the members, w: idies. were tendered a trip up t t. Johns river on the Clyde steamt itv of .Jacksonville, from this ei iSanfor'd, and all went aboard ti fternoon wvith the full knowled mt it would be a very pleasaint tr her had not, however, expected nd thng a comfortable and ec