Historical Newspapers of South Carolina

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WAS WAS 11HiUNTEI INDI)IMM Brief in Federal Supreme Court Says Defendant Never "Pre sented." Washington, Nov. 22.-John G. Cap ers, one of the attorneys in the G. Wash Hunter case, today flaed an im portant brief in the United States su preme court, in addition to one filed some time ago. In part this brief is as follows: "According to the record in this ease, no 'true bill' was retiurned against the plaintiff in error, nor was he 'presented' by a grand jury, as re quired by Article I, Section 17, of the Constitution of South Carolina. This being the case, the trial court was elearly without jurisdiction and the subsequent proceedings and sentence were mere nullities; and the sentence being a nulity, it follows, necessarily that the plaintiff in error is being de prived of his liberty without due pro cess of law and contrary to the pro. visions of the 14th amendment to thi constitution of the United States. "This is not a mere question of prac. tice or procedure in the courts oJ South Carblina, but it is a question ol whether or not the courts of tha State have jurisdiction to try a persor for the crime of murder, unless on a presentment or indictment of a granc jury, when such requirement is writ ten in the constitution of the State. "If they had no jurisdiction, and il would seem impossible to reach an3 other conclusion in view of the plair provision of the State cobistitution then it is obvious that the plaintiff ir error was not tried according to th( established law and procedure oJ South Carollina. The question is not as is contended by counstl for the de fendant in error, whether the plaintifl in error was tried upon a defectivE indictment, but whether he was tried upon any indictment at all, and, ac shown by the authorities cited in oui brief upon the merits, the failure ol the grand jury to 'present' the plaintiff in error, or to return a 'true bill against him, rendered the supposed indictment a nullity." It is contended by counsel for the defendant in error that this question was not raised at the trial of the case, and that the plaintiff in error is con cluded 'by his failure to take advan tage of the point at the trial. TAX ON FIRE COMNPANIES. Newberry Among Cities-Towns Must Have $1,000 Department In the official list of 28 cities that will, under the terms of the "firemen's pension" act, levy a tax of one per cent. on all premiums from fire in surance companies is Newberry. The following is the list of towns having passed ordinances to come under the provisions of the act, up to the time limit, October 31, was given out Mon day at the office of the insurance com missioner: Aiken, Anderson, Bam berg, Belton, Beaufort, Bishopvi'lle, Camden, Charleston, Chester, Clinton, Columbia, Darlington, Florence, Gaff ney, Georgetown, Greenville, Green wood, Hartsville, Kingstree, Lauren.s, Mannfhg, Newberry, Orangeburg, Rock Hill, Spartanburg, Sumter, Union and Walterboro. Under the terms of the firemen's pension act every fire insurance com pany doing business in this State is to be assessed one per cent. on alil its premiums in towns having $1,000 worth of firefighting equipment and passing an ordinance under the act. The funds in the various towns wil. go toward the improvement of the fire-fighting apparatus. No Mint Ready. There is an element of humor in the m;any letters that have been re -ceived by the insurance commission .or from cities desiring to come under tan piovisons of this act. "The idea seems to prevail," said the insurance .ci,ssioner Monday, "that I have a mint here ready to turn out money to the various communities desiring to come under the provisions of this act. I don't know why it has not been men tioned sooner, but the act does not give the towns or any one else any power that they did not have before. I am by this act only made a collec tor for the one per cent. on the pre miums from the towns passing ordi nances to that effect. Towns Had Power. "Heretofore the towns have had the power of levying any tax they wanted on the insurance companies doing business in their midst. They can do so now. I 'have had letters asking me whether it was too late to come in and get a share of this 'benefit.' As a matter of fact, the act makes October 31 the limit for mage of ordinances under the act, but there is nothing to prevent any town in this State from passing *a simiJlar ordinance on this year's business up to December 31, 1910. The only difference would be that the towns passings ordinances by October 31 come under the act and the other towns would be acting inde pendently. What I want to emphasize is the fact that the act does not con fer any additional powers on the ci tise of this State. They already have the power to pass an ordinance levy ing just such a tax as the firemen's pension act provides for." -t What Act Affects. The insurance commissioner ex plained also that under the terms of the recent compromise, the act does not affect the business of the past year, but begins with the 1910 busi ness. The compromise was reached by representatives of the insurance companies, the cities interested, the firemen and the attorney general's de partment with the sanction of the in surance department. An injunction will be issued next week or during the end of the present week by the supreme court, restraining the insur ance commiss'ioner, in accordance with the compromise, from putting in to effect the act on 1909 business. Telephones on the Farm. During the year now ending the rural telephone system has been con siderably extended in this section, and this modern convenience has proven itself of the greatest value to the far mer and his family. Every one who has tried it and who, from experience 'has learned its practical value, would be unwilling to give it up and do with-' out it, if there were any way of keep ing it. And, of course, nobody need ever to give it up, since the line, once having been buNt, it costs practically nothing to keep it up. For these reasons it is certain that these rural telephone systems will be i extended. Farmers, learning from their neighbors the value of a telephone in the house, will desire the same ad vantage for themselves, and will has ten to provide themseIves with It. This is a fa reasier matter than most i people may think, and also far less costly. Most farms can supply tele phone poles. They do not require to be large poles as are necessary in the city or for the carrying of many wires along the public roads, but any poles of reasonable height and Q strength and durability will answer. These can be planted at proper inter vals by ordinary farm laborers at odd I times, and so the providing of the poles would be a matter of practically no cost. Wire also is cheap, and it may ba strung as the poles were placed, and here, at small cost, is the line. It may be Tun from one farm house to another, and with an instru ment p'laced in each house a way of in stant and constant communication be tween these two houses will have been provided at a very small initial cost, and at no cost whatever to maintain, except to see -that the poles are kept up. A better way, of course, is for the farmers of a neighborhood to combine, run their wires to some central place and there connect with the Bell Tele phone system. This would bring eac'h farmer on the line not 'on|1y in touch with one neighbor, but .iwtahll with one neighbor, but with all his (eJ neighbors, and with everybody else in (4j the country who has a telephone in his house, office or store. This ser vice, of course, costs something, but . it is -offered by the Bell Telephone company at very low rates, so that - this cost is not of a nature to make farmers hesitate to assume it. The telephone robs life on the farm Iof the worst part of that feeling of isolation vrhich constitutes really the greatest drawback to life on the farm, rand hence as fast as possible all far mrs should try to install a telephone1 in their homes. SALE OF REAL ESTATE. For the purpose of divsi>c and 3e tlement between ourselves we will sell the following described real estate at Newberry Court House on the first Monday of December next (December 5, 1910) during the legal hours of sale, viz: 1. All that tract of lan i in Newberry County, in No. 8 Township. in the State of South Carolina, containing niney one and one-fifLh acres3, more or less, bounded by lands of F. .M. Schupert, Mrs. J. Cal S'chumpert and D. E. Schumpert, plat of same on file at office of Mower & Bynum, at torneys. 2. All that lot of land in the Town~ of Newberry, in the County of New berry, in the State of South Carolina,P containing one-half acre, more or Ci less, bounded on the north by Mayor C avenue, northeast by Summer street; southeast by lot of H. W. Lominick, and southwest by lands of H. W. Loin- to inick, the same being the lot conveyed to to us by Daniel Edward Schumpert. E 3. All that lot of land situate in the Town of Prosperity, in the County of Newberry, in the State of South Carolina, containing one acre, more or less, bounded by lands of or for merly of Dr. J. W. Harmon, J. C. Boyd, G. G. DeWalt and Mrs. Robert Bruce, per the same being the land conveyed to ly us by C. V. Langford and Jno. M- the Johnson by deed recorded at New-' a I berry Court House in Book No. 4, page.2 428. the Terms of Sale. an 1. As to the ninety-one and one-wi Ifth acres: One-b.alf of the purchase the money in cash and the balance on a pa: credit of twelve months, with interest be from day of sale at the rate of eight pU .40v AW O- 0-A 0,-O a. ow Aw ow .,Nyf' -'-4% DOLLS!'I BIG DOLLS AND LITTLE DOLLS Merriest, Jolliest, Sweetest Little Creations in TOYLAND The Keen Edge of Quality in my line of Dolls Cuts Clean Through the In= feriority of Other Cheap Kinds. They are the embodiment of all that is 1W distinctive in quality. They are Real L fe Like Dolls. And my line of Toys are in a greater variety than ever before. Bring the little ones to see them so they can write to dear old Santa Claus. F , To ask for the Cash Don t Forget Register checks, fr the o Fe one holding the largest amount on Dec. 31 will be entitled to a hand some 45.00 Hand Painted China Game Set; next hghest gets the Large Engine, and next 10 highest gets a $1.00 Mission Oak Finish Wail Plate and Cup Rack FREE. Ask for the $375.00 Piano Contest Coupons yy TilE HOUSE OF A THOUSANDS THINGS [ry Your Clothes on a Wet Washday With a New Perfection Oil Heater - When clothes can't be hung ' outside, and must be dried in a room or cellar, the New Perfection Oil Heater quickly does the work of sun and air. You can hang up I the wet ciothes, light your Perfec tion Oil Heater, open the damper top, and the heat rises and quickly dries the clothes. Do not put off washing to await a sunny day in order to avoid Smtidew. Dry your washing any day with hot air from a RJFECTIO0 SMOKELESS Absolutely smokeless and odorless It gives just as much heat as you desire. It is safe, odorless id smokeless. D It has an automatic-locking flame spreader, which C., revents the wick from being turned high enough to smoke, and of easy to remove and drop back, so the wick can be quickly be eaned. Burner body or gallery cannot become wedged, abe- of use of a new device in construction, and can always be easily v asAn iniator shows the amount of oil in the font. Filler-cap does not need be screwed down, but is put in like a cork in a bottle, and is attached to the at by achain. Finished in japan or nickel, strong and durable, well-made, built ' service and yet light and ornamental. It has a cool handle and a damper top.* Co Dealers Everywhere. If not atous wieri desenpt dfjdar Standuard Oil Companysc (Inecrporated) tee Lv cent per annum, payable annual-prmesol.v until paid in full, to be secured by Tebidnst eisrdadte note or bond of the purchaser and plce sind h otae , nortgage of the premises sold. shlcotitesipaintoayL .As to the town lots: One-third of'1pecetatonysfsinceofL purchase money in cash, the bal- cleto yatre rb ut u-L ~e n acreit f ne nd wo ear,herbidig to b aersue and hed L :h interest from the day of sale at ing. rate of eight per cent. per annum,' Geo. D. Brown, Sr. Ar, able annually, until paid in full, to L. C. Moseley. Ar. secured by the note or hond of the Mower & Bynum, 'chaser and a mortgage of the A#orneys. IAr READ THIS Showing What Small Savings Will Do In The Aggregate The largest railway company in this country recently borrowed fifty million dollars, on its bonds, from the people of France. This is re markable, owing to similar loans made by-same people to other countries, about the same time. Where do the French people get all of this money? Jno. D. Rockefeller, after returning from one of his trips to Paris, tells the secret in seven words: "The people of France save their money." YOU cannot afford to take any un necessary risk with your hard-earned savings. During these prosperous times the temptation to invest in some form of speculation is very great. All sorts of inducements are offered, and, unless great caution is exercised, errors are likely to be made which will prove costly. The shrewd investor does not put his money in to every scheie presented which promises large returns, or into some speculation guaranteed to return you something for nothing; rather is he satisf d with ABSOLUTE SECURITY for both PRINCIPAL AND INTEREST such as is afforded by this Bank. Would it not be well for you to begin saving NOW, according to the policy of the French people? Your account, large or small will be welcomed. Make a START RIGHT AWAY by coming in and talking over your interests with our Cashier. 01 WE PAY 4 s 0 THE Newberry Savings BadI OF NEWBERRY, S. C. Capital - -. - $50,000.00. JAS. MdINTOSH, President J. E. NORWOOD, Cashier. Pumipkin Contest Saturday, Nov. 26 Is the day when the prizes will be delivered, you can bring your pumpkins any day that week We will have some attractive bargains to offer that day in our hardware department. The Prosperity Stock Co. PROSPERITY, S. C. DLLECTION OF TOWN TA.XES. A.Genod.. .7m 13p >tice is hereby given that the tax A.Ahn.... .5m1.@. s for the Town of Newberry, S. A.Alna.....5m80g ill be opened from the 15th (lay A .L 4 ctober- to the 30th day of Novem- L.Clmi... 50p 11m ,1910, both inclusive. A penaltyL.Prseiy . 626m95m 1 per cent. will be added after No- L.Nwer... .4m93a >ner 30. L.Citn.....5m84g J. R. Scurry, L.Larn.... Spm82m bjet o cane ithutnotce jAr. Greenwood.. .. 3.27pm 1.38m iedle Inictedar no gara- Ar. Abbensll.... ...6m 10.38am 4:Ar. Athenta...... ...4p 8.00am ~~~~~A. C. L. 52.4A.Atat.. .7la 955. Columbia...Columbia....55.. a.d0Greenville Prospeity. 1.42pm3 L4p rosper4ity... ariv 6.26p 9.5part Newerr....1256p 3 2O GLva sNeey. Columb.44p 93ail me Clintn.......15Om L5p Cintnay, .... 7.35n throuhame Lares......2.3pm 2 L2 . Lurens. umi and Greenpmll.2a c. & w. For inormatio as agnt orwrte Greenville . Ar.4.Greenvillpe.. 3..Ca . . 7.0a Sn.a A.brr Laue E.. P.Lvnso,S. A.,L iue niae r o urn-A.Abbeville.... .. 2.56am.OpnCoubi,S 2.8a