Historical Newspapers of South Carolina

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V O . IO . 98n N EW i . CrtilU ErDA Yn thu REGULATION OF COCAINE. Judge Memminger Holds Prosperit Ordinance Forbidding Carrying of Drug on Person is Consti tutionaL. Judge R. W. Memminger has file with the clerk of court for Newberi an interesting decision, in which I sustains the constitutionality of s ordinance of the town of Prosperit which, among other things, prohibi the carrying sof cocaine on the parso: Fred Valentine, a negro, was a rested in Prosperity, charged wil violating this ordinance by carryii cocaine upon his person. He w, found with the cocaine in his posse sion. He was represented at the tri before the intendant by Mr. E. Blease, of Newberry, who interpost the defence that in passing the ord n=nce the town council had exceedi its authority, and that the ordinan< was unconstitutional, being in viol tion both of the constitution of Soul Carolina, and the constitution of t] United States. The defendant w convieted and sentenced to pay a fi of $100 'r serve 30 days, and tl ease was appealed to the circuit cou and argued before Judge Memming at the recent term of court here, t] defendant-appellant being represer ed by Mr. Blease, and the town i Prosperity by Mr. W. H. Hunt. Jud, Memminger, as stated, has rendero his opinion, sustaining the constit tionality of the ordinance and di missing the appeal. Mr. Blea states that the matter will be taki to the supreme court. The opinion of Jndge MemmingE which will be of general intere throughout the State, is as follows: State ofiSouth Carolina, County of Newberry. In the General Sessions.' The Town of Prosperity, Responder 'vs. Fred Valentine, Defendant-A pellant-Order Dismissing Appei The town of Prosperity is inec porated under the general law of 189 By Section 1999 of the Code < Laws of 1902, effeetive as to su< towns, the town councils have pow to make "all such rules, by-laws, T glations and ordinances respeeti the roads ........ police, health az order of said cities and townq, or r speeting any subject as shall' appe: to -hem necessary and proper for tl security, welfare and convenience such cities and towns, or- for preser ing health, peace, order and good go ernent within the same.'' In the exercise of this power tl town coneil of Prosperity made -a rdinanee, appearing as section fi' (5), on page 20 of the "Ordinanec f the Town of Prosperity, S. C., ompiled in 1908, as follows: "-Sec. 5. Any person, firm, cc ration, or company who shall se xchange, barter, carry.on his or h erson, or give away cocaine, with he town of Prosperity, except on tl itten prescription of a regular nsed practicing physician, to be u d under the personal supervision ch physician, shall 'be deemed gnu of a misdemeanor and upon convi 'on thereof shall be punished by ne of not more than $100, or, 1 prisonment for not more than ys. Provided. that nothing ,here ntained shall prevent the sale caine by wholesale druggists to r il druggists; nor its use by any r lar lieensed dentist practitioner: s own practice.'' Prior to the passage of said ord ee the State legislature had e: ted the Act of February 20th, 190 follows: "An Act to regulate the sale< eamne. "Section 1. Be it enacted, &c. . at any person, firm, or com'paJ o shall sell cocaine, except on tl 'tten prescription of a practici' ysicianl, to be used under the pe al supervision of such physicia 11 be deemed guilty of a misder or, and upon conviction there 1 be punished for the first offen fine not exceeding .$100.00, prisonment not exceeding and upon any subsequent co shall 1e fined not exceedit or 'imprisoned not exeeedii -, with or without hard labe Provided, that nothing herein con- 01 t,ined shall prevent the sale of co- in y caine by wholesale druggists to the retail or wholesale druggist; nor the f usi of the same by any regular licen- g sed dental practitioner in his own ti practice." d On 17th October, 1908, a police- (I y ran of Prosperity noticed a man p te named Fred Valentine whom it would Ln seem he suspected of carry.ag cocaine on his person in violation of saiI or- c, d dinance; and upon putting im un- a n. der arrest and taking him to t;he gliard n house, a match box. which 'ie claimed v co: tained matches was found on his t person, containing not matehes but a (20) twenty packages of powder which i, u i.pon analysis provel to be c.eaine. C Said Valentine, defendant-appellant S he_ein, was then tried befora fntend ant Wheeler on the charge of violat- t Li ing said ordinance in having said co caine on his person. He offered no testimony, and so did not seek to show a- any of the matters of defense, incum- t a bent on him to show if he could, as to ie coming within the provisions of the ordinance as to having the drug on the prescription of a physician, &c., or that it had been brought from an other State for personal use. He was thereupon convicted and re ae ceived the maximum -sentence, from A- which he has appealea, and by his f appeal seeks to question the constitu r tionality of said ordinance, as well as e the sufficiency of the evidence. This latter ground, however, was not insisted upon at the hearing of se the appeal and is therefore considered t se as waived; as well it should be, in that f the evidence amply supports the con- s viction. The principal ground of ob- T st jeetion to the ordinance urged at the hearing of the appeal was that con tained in sections 3 and 5 of the grounds of appeal, to-wit: that the. ordinance is in conflict with the sta- I tute law of the State; that is that ' t, the State staltute referred to does not f make it an offense to carry cocaine on t the person. 6 This ground is untenable. It is true ). the State statute does not make it an c l offense to earry cocaine on the per son, and the ordinance does; but Q 'r there is no conflict or inconsistency; I "' the ordinance merely goes a step fur- s ther. rd In view of the great and growing r * 'evil of the use of this pernicious drug, t rr the town council of Prosperity n i ie donbt found it necessary, in the exes~ u c ise of its powers under Section 1999, n ~ above referred to, to be keek for the -suppression of the evil in order to t preserve 'the health, peace and order i e of the people within its jurisdiction; n and that a municipal corporation may i vso go beyond the State law and am e plify the State law and declare some- f 'thing an offense punishable under its ordinances which is not punishable by 1 *r- State law. has been conclusively, set , tled adversely to appellant 's conten- ~ er tion in the. ease of Greenville vs. in Kemps, 58 S. C., 427. 18 in that case t-he town of Greenville -had passed an ordinance making it an soffense to gamble in a private room, Swhereas the State statute as to gamb ling applied only to a public place. A econviction under the ordinance was a sustained, the court sayi-ng at page '433: " Common experience shows 30 that city corporations find it neces n sary for the peace and good order fof the city to forbid the doing of 1 e- many acts, under penalty. as to which1 ~ tihe legislature have nnt found it nec in~ essary to legisla te. Tile ordinance is ~ ofrtainly not in conflict with any Act ' - ofthelegislature. The State lewis * lation upon tile subject, even if con strued as contended for by the appei-' lant. and the municipal legislation t af here in question, canl both stand to gether. and there is no conflict what ever. Tile utmost that can be said j v is that the municipal corporation. un e der the authority vested in it by its ig charter, has seen fit to make an act r- done within the corporate limits a n, riminal offense, whien the legislature - hlas not seen fit to constitute such an f offense." se The grounds of appeal as to the al- ~ r leged unconstitutionality of thle ordi 30 nance and conviction thereunder, are, n- all but one, in such genleral form, no' 1g referring either t-o tile sense or see- s g tion of the constitutional provision a r, sought to be invoked, that I am not o . bond, nder the authorities to seek n vzt and consider them, and I shall not ndertake, ex gratia. to do so. The one which is sufficiently speci ie. Perhaps, is that contained In round No. 3, whereby, no doubt, sec on 17 of Article 1 of the State con titution is referred to. wierein it is' eclared that no .eson shall be com elled to be a witness against him -lf. This section, however, is not ap licable, and was not violated. The onvicti<rn was not dependent upon ny testimony of defendant as a wit ess, as in the case of Town Counel s. Owens, 61 S. C., 24, but upon con raband goods found upon him; just s a man may be convicted of carry ag a eoncealed weapon if one is found oncealed upon his person when earched under arrest or otherwise: r if stolen goods are found upon him he result of the search may be und s evidence: and such matters have ever been held and never will be eld in conflict with said constitu ional provision. The only remaining ground of ob ection to the ordinance urged at the iearing and which is, perhaps, suf iciently definitely raised by the ,rounds of appeal, is that the mere arryina of the drug on the person annot be made an offense unless the arrying be for an unlawful purpose. 7bis question likewise- has been set led adversely to appellant's view of t by the case of Easlev Town Coun il vs. Pem, 63 R. C.. 98. wherein it ras held that an ordinance of that own makin& it an offense to have con raband snirituois liquor in posses ion was valid, althoueh not held i, ossession for unlawful use: and a enviction under the ordinance was natained. The ease is in precise nniaiv. Tt there anears that con rnhn-nd Inlior is all nnor not hought 'rom a disnenser or bronht from an ther State for nprsonal use. Here he eourt may take judicial notice ,kt cocaine is not a la.wfnil artiele of eneral cormmerce. that it is in itqplf n evil thinz. more co even than -nirit "us !-.or, a.11 that it ha:.; bee so --.grrized anO stamped by 161e Ev".tt fafn1P whieh IMPIkeq the qsalp ? Ift"a ,wfil ei-ent within Perqia rigid re trictions. Under the town ordinance ere in onestion. in the light of the.;' >ropositions. all cocaine carried tinon he nerson in the town of Prosneritv a contraband. unlese wit-hin the ex eptions named. And so the ordi lance making it an offense to have i.t n the nerson not within these exeon ions doe not en bevond that of the own of Easler, and is no more invni r1 in thie renpect. On the contrary. E- is no donhbt a more renconiahle er rie of the nolien~ nnwer in that the hinoe dealth with is EWvan more nprnti ine and anno-rones to the nublic e'dth and order of the neonle. The anpeal is dismissed and .jude ent and :sen.tence affirmed. And it is so ordered. R. W. Memmineer. Circnit Judge. r'harleston. Dec. 5th. .1908. Mr. E. S. Blease for arppellant. Mr. Hunt. contra. Newberry should get busy and see there is anyt:hing in the talk of the . C. & 0. railroad running a line from ~prtanburg to Newberry. This ma.1 e onr opportunity to secure a trunk ne. It i.s worth looking after. Once efore wve lost an opportunity to se ure a road which would have made his one of the largest cities in the 'edmont. We shonuld profit by that xperienee. The effort to get the roa~d ill help us even if we fail. What is he committee from the chamber of omnmerce doing? We should not wairt or something to turn up but get busy nd turn it up. At least 1000 of our subscribers are a arrears. Examine your label. The ate after your name will telT you the ate to whieh you hazve paid. We ope you will pay up before Christ la.. Do not neglect it longer than he first of February. "A ship loaded with 3,000 cats has ailed from a German port for Jap n," says an exchange. And-think f it-those cats speak only the Ger ian nguenn WORK UN U. U. r V. KALVa. Large Force Now Moving Dirt-Line May Come to Newberry and Columbia. The State. Spartanburg, Dec. 3.-There are now employed by contractors on the construction of the Carolina, Clinch-11 field & Ohio railroad between Bostic, N. C., and this city over 2,000 men and this force is augmented by many big steam shovels. Dirt is being moved rapidly and splendid progres; is being made all along the line. This is the substance f a state ment made here today by Superintend ent Morris of the MacArthur Broth ers, the general contractors. So far as the road's plans south of here have been disclosed, it seems that there is ground for the statement that a sur vey will be made between Spartan burg and Newberry and thence to ward Columbia. Home Mixing of Commercial Fertili zers. The time is almost at hand for the farmer to procure his fertilizers for the next crop. The question now con fronting him is. how can he get the maximum amount of most available plant food at the minimum price. Although growing plants derive their food from soil. water and air, it is the fertility of the soil which concernsus in the application of com mercial fertilizers. The chief element which plants derive from the soil are potassium. phosphorous, nitrogen, cal cium,' and sulphur; sodium, magnes ium, silicon, iron, and chlorine are taken up in lesser quantities. The constant natural activities which are going on in the soil generally furnish enough of these elements except nitro gen, phosphoric acid and potash, thesa being the three elements which give to e'ommercial fertilizers their market value, and it is these three constitu ents that the farmer must buy. The next question is, in what form shall they be bought ? As unmixed mater ials or as mixed fertilizers? It is in the endeavor to answer this question that I write this article. The manufacture of available phog phorie acid from the raw rock or bone is an operation requiring both skill and experience, and to the novice, is attended by some danger; therefore, except under exceptional circumsta.n-' es, it is not desirable for the farmer to a.ttempt to make "superphosphat es.'' On the contrary, the operation of mixing the manufactured goods is rather simple. The necessary quali fiations are: (1) .iudgment in select ing materials for mixing, (2) a knowi edge of the calculations involved, (3) a tight floor to stir your materials! on, and (4) a plenty of energy. 1. The materi-als to be used will de pend upon the character of the soil, the kind of crop grown, and the eur' rent price of the material. Phosphorie acid hastens maturity of the erop and aids mainly in developing the seed. Potash lengthens the growing season and stiffens -the stalk, while nitrogen ous fertilizers give rapid and luxur ian.t growth. Nitrogen, the most ex pensive element when bought, can be supplied by means of leguminous rops such as eowpea, soy bean, etc. However, our systems of rotation have not as yet been developed as much as we hope they will be before long; and the one erop system is us ed to such an extent that much of our nitrogen is bought. In buying nitro gen. I would use nitrate of soda, sul phtte of ammonia. dried blood, and cotton seed meal. The dried blood is now selling at a rather prohibitive flriee and I would, under the present pries get my nitrogen from nitra-te of, ~oda, sulphate of ammonia, and cot to seed meal. The main commercial sources of potash are kainit, muniate, and sul phate of potash. Kainit contains about 12 per cent (K20), murate about 50 ner cent (TK20), ?ind sulphate of potash abont 48 per cent (K20'). For cotton and corn. T trouid u.=e mur' iate or kainit rather than sulphate of notah because they are cheaper: but muriate cannot be used for tobacco. eause it iniures the burning quali ties of the leaf. For root crops, such .s patoe and +m'mipn; snme anthori _11CS VialUii LUM~ LLU~ LJoLIj.PU la q-o, WVe can obtain our supply of acid a ?hosphate from th. A per cent or 16 si ,er cent article. When prices are a )ropurtionate, the higher grade is pre- g erable because we can haul more s: ounds of plant food in a given weight h f the material. When buying these p materials, do not be afraid to wastu a t few postage stamps in writing to a number of firms. If your farm does not warrant your ordering a carload of raw materials, then form a club and order together, there being no dif ficulty in dividing goods that are al ready sacked. 0 2. We now come to the subject of h calculations. A unit is 1 per cent of a a ton or 20 pounds. If we wish an b 8-3-3 guano, we must have in a ton 8 n units of phosphoric acid, 3 units of t ammonia or its equivalent in nitrogen, a and 3 units of potash. Converted to m pounds we have 160 pounds of phos- v phorie acid, 60 pounds of ammonia, t and 60 pounds of potash. Suppose, in t mixing our fertilizer, we wish one- * half of our ammonia derived from ni- t trogen of cot.ton seed meal guaranteed I 1 1-218-1, and the other half from ni- t trogen of nitrate of soda equivalent 18 r per cent ammonia, the potash (K20) t from muriate 50 per cent K20, and i the phosphorik acid, from 16 per cent I acid phosphate. We get t.he number of hundred I pounds of material to supply a given I s amount of plant food by dividing the o amount of plant food desired by the < per cent contained in the material. i 429 pounds of cotton seed meal fur- t nishes nitrogen equivalent to 30 s pounds of ammonia but it furnishes in I addition 6.44 lbs. phosphorie acid and < 4.29 lbs. of potash. 167 lbs. of ni trate of soda furnishes nitrogen equi- y valent to 30 lbs. of ammonia, but no potash or phosphoric acid. 960 lbs. I of acid phosphate furnishes 153.56 lbs. of phosphoric acid and the cotton 0 seed meal furnishes 6.44 lbs. go wd a have the 160 lbs. required. Similarly g 111 lbs. of muriate of potash furnish- p es 55-71 lbs (K20) potash. We now e have the necessary plant food for an d 8-3-3 guano in 1667 lbs. of material. g Just add 333 lbs. of dirt and mix t thoroughly and we have a ton by v weight containing 160 lbs. of phos- i phoric acid, 60 lbs. of ammonia, and < 60 lbs. of potash, which, if properly ( mixed should analyze 8-3-3. Suppose that we had used 400 lbs. of cotton seed meal, 200 lbs. of ni trate of soda, 100 lbs. of muriate of C potash and 1000 lbs. of 16 per cent I acid phosphate, it being more conven ient to use full sacks and avoid a lot I of eighing. - iMany factory mixed fertilizers do ~ not c-ne this close to guarantee. To get high grade mixed fertiliz'ers, we must use high grade raw materials. In the above formula, if no filler is added, we would divide by 17 instead of 20 and would have 1700 lbs. of what should analyze about 9.76-3.763. 18. It is o'bviious that we cannot get an 8-4-4 goods by getting all of our ammonia from cotton seed meal and all of our potash from kainit.t Very likely the above mentioned mixture would run. slightly over guar- a antee, because the seller would have to r allow, or should allow, a margin on eaeh of his raw materials, whereas, in a mixed fertilizer one. or even two of the elements, may be below guarantee i and the other might null it over in relative commercial value.c 3. Any tight floor will do to do. the mixing on. hut it is nreferable ~ to have a house or shed. for it will then be possible to do the mixing on rain days. when v2ry little else ~ could he done A practi"-nl farumer who does his t own mixing tells me that he had three r hands to do the mixing. two rakin:: 11 with ioes and one shovelline it over enatntly. They used about 800 lbs. e a a time a.nd as soon as it was thor- t ni-blv mixed. pn,t it back into the ;'ke that the raw material came out Io of. The work of mixing shiould he a raonr it about one dollar ner ton. The in iifference in prices ounted by the faa~ F f-arica on the same amou1nts of fertili- n ers in flixed and unmixed goods r-.ne;s from three to fonr dollare ncr to n f.oror of the,nunmixed goods. I To brief1v si,m un the aovanta'es of home mixing are: The farmer knows voids undesirable sources. He may ;udy his soils, crops, and conditions ad supply in any proportion those in redients which are most needed. He tves the transportation and hauling ome of the filler, the middle man's rofit, and two or three dollars per )n on the actual mixing. T. E. Keitt, Chemist, S. C. Agr. Exp't. Station, Clemson College, S. C. COTTON. -The cotton convention of farmers rganized and otherwise in New Or ,ans last week was a grand gathering nd all that was done was done well, ut the most important work that iight have been done by that conven [on, so far as we have been able to scertain from the news given out, ras not done. The cotton farmer has rithin his means a capital with which ) market his entire crop if properly sed. It will be all right to establish ne great warehouse at New Orleans hat will carry from 11- 1 to 3 million ales of cotton, but th t is getting it oo far from the producer for him to eap the benefit that he should. Cot on has to be sold for money, no mat er to whom it is sold, and a system y which the crop can be combined nd make every part of it support its hare of the seasont's marketing hould be put in operation in or der to ive the producer the greatest amount f profit from his labor. There is o use to abuse the men who buy cot on and sell it for a profit, because ome one must do that. If it is not he farmer himself, it is some kind f a speculator. The great trouble vith the speculative market iii the ast and today is that it is too expen ive a system for the farmer to sap ort. Less than one-third the expense f marketing the crop at present pri es would be saved under a properly justed systeii. We hope that the eat central warehouse plan will rove a great benef't to the produe. rs, but we fear tk - it will be too ar off to be of benefit to many. A ,eat system, with every county in he cotton belt a part and parcel, yet 7ith some indepedence and individual by, would be ideal for handling the rop to the very best advantage. )conee News. BEATS OOTTOiR Mr. W. E. Land has made a careful alcualtion as to the cost of proiducirig is best prize acre of corn, growii in he Farmers' Union competition, aud inds thiat he has made a clear profit f fifty-three dollars. In his calcula,' ion he includes evedy legitimate ex ense in connection w~ith the produc ion of the corn, not even excepting a per cent interest charge on the value f the land. The corn is valued at 1.00 per bushel. FEEDING HORSES. Judge Henry Hammond says: "In truth, cotton seed meal as a eed for horses has p-;ed far b-: ,nd [be stage of experiment. To put cot an seed meal into the ground without irst running it through the inside of n animal, seems to me to be a di et insult to a bountiful Providence. f our farmers were to take their own, reight free, cotton seed meal, feed it irst to their farm animals and next > their farm lands, oh, what would nine of it! "The oldest of my colts are now ire years old, and none of them have vr passed a day in lives ithout eating some cotto. ,eed meal. hev have never been out of fix. The lder ones weigh 1,100 pounds and re 16 hands high--decidedly larger Fan dams or sire. They have car ed me 30 miles a day without breatfl 1 deep." Mr. McCandless. Georgia State iemist, gives the following grain ra .on formulas: "Light work: 8 pounds corn and ats, 1 pound cotton seed meal. Aver ge work: 10 pounds corn and cob eal. 2 1-2 pounds cotton seed meal. [ard work: 10 pounds corn and cob eal. 4 1-2 pounds cotton seed meal.'' Anyway. Judge Taft cannot talk ratin through a Roman nose. Senator Depew, however, was