Historical Newspapers of South Carolina

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C(YIT.i T1?E _tCT. Appeal fay be Taken From Recent Decision-The Constitution In volVed. Columbia State. The cotton tare case recently de cided by the supreme court of this State in favor of the validity of the act of the last general assembly may be carried to the United States su preme court. A-i order signed by As sociate Justice Gary at his home in Abbeville yesterday and filed with the clerk of court of the supreme court holds up the remittitur in the case pending the statement of the matter of a writ of error to the highest tri bunal in the country. The position taken by the attorneys for W. G. Mullins, the defendant, who was arrested for the violation of the act, is that judgement was based on Ahe federal question on constitution ality and that, therefore, a writ of error is in order. The remittitur is stayed "until further order of the court" and will very probal1y come up at the next term. The probability is that the case will finally reach the United States supreme court, as it ap pears from the papers that there is a federal question involved. Decision of Court. This action followed the decision of the supreme court which upheld the circuit court in declaring the tare act constitutional and valid. There was a concurring opinion by Associate Justice Woods. The order of the supreme court staying the remittitur is as follows: "Upon reading the annexed petition and certificate of D. W. Robinson, it is ordered that the remittitur in this case, and the same is hereby stayed until the further order of the court." The order was signed by Associate Justice Gary. The following is the petition pre sented to the court by Lyles & Lyles, attorneys for W. G. Mullins: "Whereas, on the 14th day of July, A. D. 1910, the supreme -court of South Carolina filed its judgment in this cause, affirming the judgment of Cc the circuit court of .general sessions for Richland' county. Hon. J. W. De- ra - Vore, presiding judge of date, June ye 6, A. D. 1910, and ga "Whereas, said judgment o~f su- be preme court held that -the act entitled T1 an act in relation to deduction from Ts weights or price of cotton for bagging on and ties, approved the 25th day of February, A. D. 1910, was not repug- At nant to the 14tgi amendment, section 1, of the constitution of the United Gr States, and sustained the conviction . by the magistrate of the defendant A herein for a misedemeanor for violat ing the previsions of said act, accord ing to section 2, thereof; and Gr "Whereas, said judgment and de cision of the supreme court of South thi Carolina drew in question the validity thi of said act on the ground that it was as repugnant to the constituticn of the WI United States and said judgment was Gr in favor of its valudity; and "Whereas, 'the defendant is desir- se: ous of suing out a writ of error fromth the supreme court of the United E States to the supreme court of South Carolina to have reviewed the record, o er proceedings, judgment and decision in of said latter court, according to the fir constitution, laws and custom of the tw - United States; and n Story of Remittitur' a. "Whereas, it is desirable that the fg supreme court of South Carolina re- an tain jurisdiction of said judgment so that it may c,ertify the same, and the,t record and proceedings therein, tot] er. the supreme court of the United States for review by that honorable e court, Sn "Your getitioner would respectfully L.m prythat the remittitur in this case L be stayed until the third day of the next regular term of the supreme court of South Carolina, subject to the order of that court." The "cotton tare case" came up when the act fixing six per cent as the amount of tare to be deducted ito 'was violated by W. G. Mullins, a cot ton buyer of this city. Upon the hear ing of the case before Magistrate to Fowles, Mr. Mullins was fined $5 uig, der the terms of the act. The ap .peal was to the circuit court in this county and Judge DeVore affirmed the h magistrate's judgment. The appeal to ja the supreme court was sustained. The main opinion stated that the judg ment was sustained for the reasons fo stated in Judge DeVore's decision. Judge DeVore's main statement was that the general assembly had the c right to fix by statute a fair rate of is deduction when before there may have been deductions at variance with each other. An Exception. Chester--See the ladybug on the* dresser? Archie-That's not a ladybug. Lady- m bugs never go into young gentlemen's W rooms. Chester-But this is a landladybug. pi A Quality, Quantiti We are the originators c these prices cannot be dul Genuine Hig Price List of EXPRESS PREPAID 2 Gallon Keg $3.60 S Gallon Keg 5.30 North Carolina S Imperial Whiskey XXXX Rock and Rye XXXX Apple Brandy XXXX Apricot Cordial XXXX Blackberry Cordial Sherry Wine (Pure Calif ornii Gin (Holland Type) XXXX) Remember, the I Not Cheap Goods The Lowest ] Price List oY EXPREsS PREPAID 2 Gallon Keg S2.95 3 Gallon Ke9 4.35 North Carolin s. S. Whiskey Blackl Rock and Rye Sherr Apple Brandy Gin (Compound) Peach Apricot Cordial Tom 4 Remember the Pj Above goods shipped only expense of bottles, filling, labe order wil make us permanent &nd for complete pric Southern Si P. ( Ckattanoc MOTOR SERVICE. eenille and Anderson In Clos Touch-Improvement by Southern. lumbia State, 23rd. & conference between Southei ilway officials was held in this ci nterday. It was announced th -electric motor car service wou Inaugurated on Thursday, July 2 >0 round trips per day will be mai >o round trips per days will be mai the following schedule: eave Greenville 8.30 a. in., arri' erson 10 a. mn. eave Anderson 12.15 p. in., arri' entille 1.45 p. mn. eave Greenville 4.15 p. in., arri' erson 5.45 p. m. eave Anderson 6.15 p. mn., arri" enville 7.45 p. m. his service will be in additioni present steam service betwee e points which will be mnaintaine present operated. The car whic Lbe used in this service arrivedi enville Friday night. All arrangi ts have been completed for th rice on .the part of the Souther wa'y which is an Innovation fC spart of the country. The Gener; tric company is now building ta hise cars specially for the Souti irailway and these will be place ervice as soon as delivered.' TI ttrip is to be made by this car b pn Greenville and Anderson, lea' SGreenville for Anderson at 8.: i., Thursday, July 28, and schedu res for intermediate points will 1 ounced in the next few days. m.iong those at the meeting yel ay were: J. L. Meek, assistant gei .l passenger agent, Superinteni LH. A. Williams,, Passenger Agel I. McLean. J. R. Anderson, supe: ndent of the Blue Ridge railroad oreman and J. C. Smith of Cha: on. Juvenile Logic Wasted. he infant has been at it again, sa: SBrooklyn Eagle. Dad," he asked, "does it cost mnu< eep a lion ?" t does, my son." A wolf would make a, good me a lion, wuoldn't it, dad?' Yes." I suppose so. Go on and play." A fox would be satisfied with .k, and a sparrow would satis awk, eh, dad ?" H'm! If you don't go away-" And a spider would make a mne a sparrow ?" Yes, yes! Now-" Wait a minute, dad. Now we ning to it. A spider would be se ed with a fly wouldn't it?" Yes, my son."~ And a drop of molasses would Lugh for a fly, wouldn't it?" Well, supposing it would ?" Yes; that's just it, dad. Now wh ant you to tell me is this: Could an keep a lion for more than a ye h a quart of molasses ?" nd then the sound of a falling sli g awoke the echoes of the stil IST PRIILS r and Price Assortment f ROCK-BOTTOf PRICES )licated. h Grade Whiskies Goods Named Below: EXPRESS PREPAID 4 Gallon Keg 56.95 4Y Gallon Kew 8.15 tyle Corn Whiskey XXXX Peach and Honey XXXX Tom Gin XXXX Peach Brandy XXXX Banana Cordial XXXX Port Wine (Pure California) L) Scuppernong (Pure N. Carolina) 'rice of Each is the Same. _ but Good Goods Cheap Prices Ever Quoted Goods Named Below: EXPRESS PREPAID 4 Gallon Keg 55.75 4X Gallon Keg 6.75 a Style Corn Whiskey )erry Cordial Peach Brandy , Wine (Compound) Banana Cordial and Honey Port Wine 'in Scuppernong Wine ice of Each is the Same. in neat, strong kegs. This saves extra ing and pacbpg. We know one trial business friends. elist of our 10 proof goods ipply Company .B.x 22 ta, Tennessee WORE OF Y. If. C. A. er Many Pleasures Afforded Men of Na tional Guard at Eucampments. Columbia State. The interstate committee of the -n Carolina Young Men's Christian as ty sociations is conducting work for the ;t National Guard, both at Morehead City Id and Chicamauga. g, 3. E. Johnson of the staff of the e cormittee was at Camp Glenn with I t'.ie Third regiment and is now there with the Secodn regiment. Writing emiaterial, -games, reading matter, ice water and similar privleges are pro vided. The work is limited by the. Ssmallness of the tent, 18 by 24 feet, but the officers and men are showing ae their appreciation of the work. The Third regiment subscribed $125- for e a larger tent, or a pavilion, and the others will probably do as well. o To Extend Work. n With such an equipment it will be d possible next year to do more in the h way of entertainments and religious Sservices... Julian L. Smith, the field secretary sof the committee, is at Chickamauga Swith the First North Carolina and the r Second and Third South Carolina re ments. A large tent 200 by 300 feet in size Sis being used as the Army Y. M. C. 'A. dheadquarters, the various Y. M.C. A. LState organizations and the National. Guard chaplains re cooperating in the _athletics of this tent Not only are 0the various reading, writing and so e cial privleges provded, but soft drinks eare sold. Religous services are held Sunday morning, afternoon and night and were largely attended by the men. Entertainments, musical, literary and otherwise are provided during the week. Proof That He Was There. IAs John 0. Sproul, manager of one 'of the departments, stood wondering what he ought to buy to meet the weather conditions, he saw walking down the aisle a tall, lean man. s "Shay, fellah," began the stranger, addressing Sproul, "ha' you seen any hb thing o' my wife?" "I dont know,' replied Sproul, step ping to one side to avoid the toxic in al fuence of the man's breath. "I don't happen to be acquainted with your wife. Take a look around here and perhaps you can pick her out." lie awaved his hand in the direction of the ycrowd of women. "I 'uz to meet 'er here," the man went on "and-" al "All right," interrupted Sproul. "Take a look around." In about five minutes the semi-pick led one returned. re "Say, ol' round face," he began fa Lt-~ miliarly." "I wanna receipt" "Want what?" "I wanna receipt--a receipt to show be my wife. I promised t' meet 'er here and she'd never b'lieve I 'uz here 'less I show 'er receipt. See? C'n you gim at me. receipt?' a Sproul, always considerate of a fel a.r low human in distress, scribbled 'something on a piece of paper and p gave it to the stranger, who left with ly heart unburdened.-Cleveland Plain ICE CREAM Is Something that Every One Likes. But every one doesn't make it every time they want it because of the expense and trouble. Every one can have it every time they desire, with little trouble and at trifling expense, if you will get your powders from Wilson. CHEAPEST Because It's BEST and BEST Because It's CHEAPEST. Not only for cream, but for all Desserts and Ices. A trial will convince you. Wiw W. 0. ILSON, 'Phone 202. SURREYS and BUGGIES We have just received ship ment of high grade One and Two Horse Exten sion Top Surreys. Now is your chance of a lifetine to get something nice for your families to enjoy the hot summer evenings. Bet ter than automobiles in safety and expense. ALSO Fine Top and Open Buggies' All at Prices to suit any one. E. M. EVANS & CO. A Wild Blizzard Raging. rings danger, suffering-often death -to thousands, who take ,colds, coughs and lagrippe-that terror of Wnlsarea "stuffed rp" nostris,lger part of nose sore, chills and fever, pain in back of head, and a throat gripping cough. When grip attacks, as you value y our life, don't delay getting Dr. King's New Discovery. "One bottle cured mre," writes A. L. Dunn, of Pine Valley, Miss., "after eing 'laid up' three weeks with rip." For sore lungs, hemorrhages, oughs, colds, whooping cough, bronchitis, asthma, its supreme. 50c. $1.00. Guaranteed by W. E. Peiham & Son. A The Newi NE At the Close of Condensed F RESOURCES. Loans and discounts S Furniture and Fixtures Overdrafts secured and unse cured Bonds and Stocks Cash and due frorn,Bank~s 40! Paid JAMES MCINTOSH, President. NOTI B E TV YOU and SN EXCEl Supply Y FR4 0. KLE The Fair and! 934 Main Street. University of South. Carolina. Varied courses of study in Sci ence, Liberal Arts, Education, Civil and Electrical Engineering and Law. College fees, rooms, lights, etc., $26; Board $12 .per month. For those paying tuition, $4o additional. The health and morals of the students are the frrst consideration of the faculty. 43 Teachers' schola:ships, worth $158. For catalogue, write to S. C. MITCHELL,- Pres., Columbia, S. C. H. B. WELLS' TRANSFER Hauls Anything on Short Notice. Carefal and Accommodating Driver. Moving Household Furniture a Spec - talty. YOUR BUSINES8 SOLICITED. Office Phone No. 61 Residence Phone No. '. M[aking Life Safer Everywhere life is being made more safe through the work of Dr. King's New Life Pills in constipation, bil liousness, dyspepsia, indigestion, liv er troubles, kidney diseases- and bow el disorders. They're easy, but sure, and perfectly build up the- health. 25c. at W. E. ePlham & Son's. SUMMER RA TE SALE hse are quicak i bautiful ahogany these bargains. ORGAN BARGAINS chome second bad organs taken in ex fe imie Dumbr of slightl used for be ade on ay of teabov. instruments. Pianos and Organs FULLY WARRANTED. Malone's Music House, Columbia, S.C. EPORT 01 Jerry Savi IWBERRY, S. the Business Nova rom Report to State Ba 269,495.25 Capital 2,275.00 Undivided F .Deposiis 1,758 60 Notes and I 680.00 ed 59,437.65 333, 646.50 On Savings I iNG VEEN (IN MONEY 'TTO er Wants )M TTNER ;quare Dealer. Phone No. 262 Saved at Death's Door. The door of death seemed ready to open for Murray W. Ayers, -of Tran sit Bridge, N. .Y., when his life was wonderfully saved. "I wAs in a dreadful condition," he write, "my skin was almost yellow; 'ayes sunk en; tongue coated; emaciated from losing 40 pounds, growing weaker daily. Virulent liver trouble pullingj me down to death in spite of doc tors. Then that matchl-ass medicine Electric Bitters-cured me. I re gained the 40 pounds lost and now am well and strong." For all stom ach, liver and kidn-ey troubles they're supreme. 50c. at W. E. Pel. ham & Son's. N'EWBEBBY UTNION! STATION(. Arrival and Departure of Passenger Trains-Effective 12.o1 A. N. I Sunday, July 17, 1910. Southern Railway. No. 15 for Greenville.. .. 8.51 a. m. No. 18 for Columbia. .11.57 a. m. No. 17 for Greenville.. .. 2.48 p. m. No. 16 for Columbia .. ....8.55 p. m. C., N~. & L. Bairway. *No. 22 for Columbia... .. 8.47 a. in. No. 52 for Greenville.. . .12.56 p.- m. No. 53 for Columbia.. .. 3.20 p. m. *No. 21 for Laurens.. .. 7.25 p. m. * Does not run on Sunday. This time table shows the times at which trains may be expected to de part from this station, but their de parture is not guaranteed aial the time shown Is subject to change with out notice. G. L. Robinion, Station Master. The Heral dand News, one year $1.50; sis~ months, 75c.; four mionths 50. ngs Bank C. 'rmber 16, 1909. nk Examiner LI ABILITIES. $ 50,000.00 'rofits 27,013.6 250,632.8 3ills Rediscount 6,000.0 $333,646.5 )eposits J E NORWOOD, . iGashla