Historical Newspapers of South Carolina

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REFUSES TO ENJOIN RACIM. Supreme Court Decides Issue in Co lumbia Case-Attorney Lyon Talks. Columbia, Jan. 8.-The supreme court today refused to grant the pe tition for an injunction against the Columbia Racing association, if being held that the racing had ended, and if it had constituted a nuisance, it had been abated by discontinuance. "If the affidavits are presented promptly, containing the proper infor mation that betting is being carried on a: the Charleston racing meet, I will immediately institute proceedings looking to getting an injunction, for I am of the opinion that injunction will lie in such cases," said Attorney Gen eral Lyon this morning in discussing the racing situation following the ac tion of the supreme court in dismissing the 'petition and the rule to show cause, which had been issued against the promoters of the late Columbia racing meet. Those against whom the petition and the rule had been is sued were: A. N. Elrod, J. W. Rice and C. J. Lynch, F. W. Armbroster and A. T. Helse, and on January 4, when the case came up for hearing before the supreme court, they ordered these paTties to make additional returns, whibh were filed this morning. They, as the respondents in the matter, are to pay the costs. - Because Races Had Ended. In the additional returns this morn ing C.. J. Lynch, for the late Columbia Racing association, the other two members, A. N. Elrod and J. W. Rice having left the city for their homes in other parts of the country on Janu ary 2, showed that the alleged nuis ance, had been abated in that the races had ended and the matter brought to a close, they showing this was done in good faith. The court took this view in dismissing the peti tion and the rule. Returns Made. A. T. Heise, in his return, showed that he was not connected with the Columbia Racing asociation, only that he was selling tickets at the track. F. W. Armbroster is absent at his home and the return he filed on January 4, denying that he was head of the book aking, was allowed to stand. NelIson & Nelson, counsel for the :racing meet promoters, contended that the races had ended on December 30, and there was nothing for the court *o consider. They held that this was done in good faith and contended that the petitioners, even while the races were on, if the conditions existed as was alleged in the affidavits, they had an adequate remedy at law. For Future Conditions. Attorney General Lyon argued the eause for the State, and asked that the injunction fbe issued, taking the view that there was no assurance that \these parties would not at some future date hold another racing meet, and the same conditions would exist. The attorney general stated in the course of bis remarks that his informa tion was that betting was carried on each year on, horse racing at the fair, and were 'the court to grant the in junction asked it would have a deter rent effect on the alleged betting on horse racing each year at the State fair. Alleged' Nuisance Abated. But the court took the view that the racing had been ended, and if there was a common nuisance carried on while the races were in progress, as alleged, it had been abated, and that the promoters in ending the racing meet were acting in good faith. This is the interpretation of the order of the court, which dismissed the peti tion and the rule to show cause, and ordered the promoters of the late Co luhmbia racing meet to pay the costs of the action, wI-ich is construed by those bringing the action as a victory for them. The Charleston Meet. Whether any effort will be made to enjoin the promoters of the Charles eon racing meet is not known, but the attorney general is of the opinion that if information to the effect that betting on horse racing is being con ducted at the Charleston racing meet, an injunction will lie against them, and he will bring the matter prompt ly before the court if the proper af fidavits are furnished him. However, the fight on horse racing in South Carolina is not likely to be brought any more into the courts, but will be transferred to the legislature. NEGRO XILLED) BY WIRE. Columbia State, 9th. A blue flame penetrating the murky ddrkness, a piercing cry was heard and a silhouetted figure in the back gound, groping and staggering, is the tale of the death of negro man last Ti!ght. Edward Allem grasped a a Gil '.ii:s.i A POOR ATLANTA BOY FOR HUSBAND Salesman Elopes With the Daughter of New York Capitalist--Await ing Word From Father. Atlanta, Jan. 6.-In a little suite of rooms in the Aragon hotel, where they have been since Sunday night when they were quietly married at the home of Dr. Len G. Broughton, are Mr. and Mrs. Ben Daniels, anxiously awaiting word from D. D. DuPree, New York capitalist, retired lawyer and-vastly mcre important-Mrs. Daniels' fath er. The marriage of the two, solemniz ed Sunday night, was the culmination of a romance of a year's duration that 'began at the Hampton Terrace hotel in Augusta last winter, summered in New York, spent the autumn in the mountains of Tennessee and came to Atlanta New Year's ,for the last act. Not since Mary Elizabeth DuPree, traveling with her father last win ter, met Ben Daniels, of Atlanta, then a traveling salesman for the National Cash Register company, but now em ploye in the office of the Bowser Tank company, in Peachtree street, have the pair ceased to battle against the girl's father's objections to the match. But, as always young love found a way, and while D. D. DuPree sat in his hotel apartments in New York Sunday night planning a European trip for himself and his daughter, "Betty" DuPre, as she likes to be called, left the home of her grand mother in Dayton, Tenn., changed cars at Oakdale for Atlanta and was mar ried to the man her father objected to. Mrs. Daniels was perfectly willing ! to talk of her marrtage at the Ara gon hotel Friday afternoon, especially when the reporter promised word from her father. She was bundled up in bed in a fluffy pink blanket as she told the story of the romance. "I don't know what he will do now," she said laughing. "Maybe he will disown me, because he didn't want me to marry Ben. You see, he had a man all picked out and laid away on the shelf for me. "No; there is no use me telling you who he was. I called him 'Billy,' and 'Billy' was a pretty nice boy-but-" Then young and pretty Mrs. Dan iels-she .is nineteen and tall-drop ped long black 'lashes over a pair of wide blue eyes and smiled broadly. "As long as you know so much about the marriage I might just as well tell you the whole story, if you must know it,". she continued, push ing back a mass of heavy black hair. "I don't know why it was that fath er objected to my marriage with Ben, excepting that he was strong for Billy, but he' took me away from Au gueta, and tried to keep me from writing to Ben. "Then he sent me to Dayton to visit grandmother. You know we live in Tennessee, but spend most of our time in New York. I stayed two months at Dayton, and father wrote me to come on to New York and we would go abroad and to Bermuda. "I had it all arranged, and when I left Dayton I just changed cars at1 Oakdale and came on to Atlanta. That was last Sunday. Ben met me at the station and we went - to Dr. Brough ton's house and were married. It was funny, Dr. Broughton knew right away that we were runaways. He said: "You two have run away to get mar ried. I can tell the symptoms." Mrs. Daniels would be called re markably pretty. She is of the French type with dark hair, blue eyes and clear translucent skin. "We are only going tQ be in At lanta for another week," she said. "I want to 'hear from father. I wrote him Friday, 'but we haven't heard a word. I expect that we will both go to Florida for the winter-Dayton or Palm Beach. We haven't decided yet.'' Een Daniels is well known in At lanta, and has been here for several years. He was formerly connected with the local force of the Naionail Cash Register company, but is now employed as a salesman on a cor? mission basis for the Bowser Tank company in Peachtree street. He could not be locat-ed by a reporter for the Georgian Friday afternoon. According to information received from New York D. D. DuPree is on his way to Atlanta. It is understood that Mrs. Daniels, then Miss Mary Elizabeth DuPree, left her grand mother's home in Dayton, Te.nn., with $800D for spending money, which is helping pay honeymoon ex12enses. Kills a Kurderer. A moreIP2s mne-derer is Appendici tis with many victims, but Dr. Ving's New Life Pills kill it by pre-veption. 'They gently stimulate stomach, liver Iand bowels, prevenLing that clogging that inivites appendicitis, euritbg con ELBERT H. AULL COMPANY JOB PRINTING QUICKLY and NEATLY DONE MOVED! You will now find Mayes' Book Store in the store where Ewart Perry Co. use to be on the cor ner of Main and College streets. I have a complete line of every thing that can be found in an up-to date store of this kind. Box Paper. I have a large stock of 50 cent Box paper, the best that can be found anywhere at that price, that I am going to sell for a limited. time at only 25 Cents Box. See Window Display. Buy Better Goods at' the Same Price at MAYES' Book Store The House of a Thousand Things. Save taxes and feed bills by waiting until *after January 1, to buy your mules. We will have plenty of them then and at prices to suit you and your low price cotton. Can sell you one or a carload. We will have with us Mr. H. H. Abrams and he knows mules. Enough said. He will be glad to have his frienids call. Suer-WiseStockCto> City Opera House3 'Friday, January, 12. Dr. Frederick A. Cook~ The Artic Explorer will Lecture on "My Attainment of the Pole". Your only chance to hear the. "discoverer of the northermost land on earth." Prices 25, 35, 50 and 75 cents. Seats on sale Monday January 8th at N 'erry